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City Council Minutes
Regular Council Meeting
Monday, February 9, 2004
Oath of Office for City Councilmember Amy Ihlan
City Manager Neal Beets administered the Oath of Office to City
Councilmember Amy Ihlan.
Councilmember Ihlan thanked the Council and community for
this opportunity to serve the City.
1.
Call Roll and Approve Agenda
Mayor Klausing called the Roseville City Council meeting to
order at 6:00 p.m. in the City Hall Council Chambers on the
above date and welcomed everyone.
Roll Call (Voting Order)
Councilmembers Ihlan, Schroeder, Maschka, Kough and Mayor
Klausing.
City Attorney Scott Anderson was also present.
Mayor Klausing recognized a number of Journalism students
from Northwestern College in the audience.
Oath of Office for
City
Councilmember
Amy Ihlan
Call Roll and
Approve Agenda
2. Public Comment Public Comment
Mayor Klausing called for public comment by members of the
audience on any non-agenda items.
A. Bruce Kennedy, 1416 Skillman Avenue W
Mr. Kennedy noted the status of the bill in the state
legislature allowing cities to use alternative voting systems.
B. John Kysylyczyn, 3083 Victoria Street N
Mr. Kysylyczyn spoke about citizen participation in the
State Legislature. He also spoke about his view of the City
Council agenda format.
Regular City Council Meeting - 02/09/04
Page 2
3. Consider Consent Items
Mayor Klausing and Councilmember Kough removed Consent
Agenda Item 3.2.
Council member Kough removed Consent Agenda Item 3.6 and
3.9.
Councilmember Schroeder removed Consent Agenda Items 3.6,
3.7, 3.8, 3.9, 3.10, and 3.17.
Councilmember Kough removed Consent Agenda Item 3.13.
City Manager Beets, at Mayor Klausing's request briefly
reviewed those items remaining on the Consent Agenda.
3.1
Adopt Resolution Approving Use of AutoMARK
System for Visually Impaired Voters
Maschka moved, Kough seconded, adoption of Resolution
No. 10193 entitled, "A Resolution Authorizing Ramsey
County and City staff to test the AutoMARK Voter Assist
Terminal at Precinct Six during the April 20, 2004 Special
Municipal Election."
Roll Call
Ayes: Ihlan, Schroeder, Maschka, Kough and Klausing.
Nays: None.
3.2 Removed from Consent Agenda
3.3
Approve Maintenance Declarations for County Road C
Storm Water Improvements
Maschka moved, Kough seconded, approval of, and
authorized the Mayor and City Manager to execute a
Declaration for Maintenance of Stormwater Facilities
located on the City Property at SE Quadrant of County
Road C and Fairview.
Maschka moved, Kough seconded, approval of, and
authorized the Mayor and City Manager to execute a
Declaration for Maintenance of Stormwater Facilities
located on the City Property at SE Quadrant of County
Road C and Snelling.
Consent Items
Resolution 10193
Approving Use of
AutoMARK
System for Visually
Impaired Voters
Approve
Maintenance
Declarations for
County Road C
Storm Water
Improvements
Regular City Council Meeting - 02/09/04
Page 3
Roll Call
Ayes: Ihlan, Schroeder, Maschka, Kough and Klausing.
Nays: None.
3.4
Approve Maintenance Declarations for Applewood
Pointe Storm Water Improvements
Maschka moved, Kough seconded, approval of, and
authorized the Mayor and City Manager to execute a
Declaration for Maintenance of Stormwater Facilities
located on the City Property located within Applewood
Pointe of Arona.
Roll Call
Ayes: Ihlan, Schroeder, Maschka, Kough and Klausing.
Nays: None.
3.5
Approve Minnesota Pollution Control Agency (MPCA)
Phase II Storm Water Program 2003 Annual Report
Maschka moved, Kough seconded, approval of the City of
Roseville's 2003 Annual Stormwater Pollution Prevention
Program Report; and authorized submission of the report
to the Minnesota Pollution Control Agency by March 10,
2004.
Roll Call
Ayes: Ihlan, Schroeder, Maschka, Kough and Klausing.
Nays: None.
3.6 Removed from Consent Agenda
3.7 Removed from Consent Agenda
3.8 Removed from Consent Agenda
3.9 Removed from Consent Agenda
3.10 Removed from Consent Agenda
3.11
Approve Contracts with the Roseville Housing and
Redevelopment (HRA) for Fiscal and Staff Services
(HF 0016)
Maschka moved, Kough seconded, approval of the Service
Contract with the Roseville Housing and Redevelopment
Approve
Maintenance
Declarations for
Applewood Pointe
Storm Water
Improvements
Approve Minnesota
Pollution Control
Agency (MPCA)
Phase II Storm
Water Program
2003 Annual
Report
Approve Contracts
with the Roseville
Housing and
Redevelopment
(HRA) for Fiscal
Regular City Council Meeting - 02/09/04
Page 4
Authority (HRA) for providing financial and accounting and Staff Services
services at fiver percent (5%) of the current HRA budget, (HF 0016)
or $4,000, for 2004.
Roll Call
Ayes: Ihlan, Schroeder, Maschka, Kough and Klausing.
Nays: None.
Maschka moved, Schroeder seconded, approval of the
Service Contract with the Roseville Housing and
Redevelopment Authority (HRA) for staff services of the
Executive Director and support staff at a cost of $40,000
for 2004.
Roll Call
Ayes: Ihlan, Schroeder, Maschka, Kough and Klausing.
Nays: None.
3.12
Approve Zawadski Homes Request for a Minor
Subdivision (Correction) to Modify the Existing
Property Line between 691 and 693 Heinel Circle (PF
3553)
Maschka moved, Kough seconded, approval of the request
by Zawadski Homes for a corrective Minor Subdivision of
a portion of 691 and 693 Heinel Circle.
Roll Call
Ayes: Ihlan, Schroeder, Maschka, Kough and Klausing.
Nays: None.
3.13 Removed from Consent
Approve Zawadski
Homes Request for
a Minor
Subdivision
(Correction) to
Modify the Existing
Property Line
between 691 and
693 Heinel Circle
(PF 3553)
3.14 Adopt Resolution Not Waiving Statutory Liability Not Waiving
Limits Statutory Liability
Maschka moved, Schroeder seconded, approved not Limits
waiving the limits on municipal tort liability established
by Minnesota Statutes 466.04.
Roll Call
Ayes: Ihlan, Schroeder, Maschka, Kough and Klausing.
Nays: None.
Regular City Council Meeting - 02/09/04
Page 5
3.15
Approve Lawful Gambling Sponsored by Twin Cities
Habitat for Humanity on November 7, 2004
Maschka moved, Kough seconded, approval of a request
of Twin Cities Habitat for Humanity to conduct a raffle on
November 7, 2004, at Schultz is in Stitches Holiday
Boutique located at 2661 Civic Center Drive.
Roll Call
Ayes: Ihlan, Schroeder, Maschka, Kough and Klausing.
Nays: None.
3.16
Approve Business Licenses
Maschka moved, Kough seconded, approval of business
license applications for the year ending 2004 for the
following businesses.
Applicant/Address Type of License
Maria Board, d/b/a Rocco Altobelli's Massage Therapist
1655 County Road B-2, Roseville
Highland Sanitation & Recycling Solid Waste Hauler
P. O. Box 226, Newport, MN
Knights of Columbus Bottle Club License
2233 Hamline Avenue N, Suite B12
Roseville
Roll Call
Ayes: Ihlan, Schroeder, Maschka, Kough and Klausing.
Nays: None.
3.17 Removed from Consent Agenda
Approve Lawful
Gambling
Sponsored by Twin
Cities Habitat for
Humanity on
November 7,2004
Approve Business
Licenses
3.18 Approve Check Register Approve Check
Maschka moved, Schroeder seconded, approval of the Register
following claims and payments.
28990 - 29011
29012 - 29063
29064 - 29111
29112 - 29133
29134 - 29159
29160 - 29169
29170 - 29213
$22,090.54
179,634.14
23,858.75
44,943.70
8,357.52
684,338.87
20,596.47
Regular City Council Meeting - 02/09/04
Page 6
1453
810.00
Total
$984,629.99
Roll Call
Ayes: Ihlan, Schroeder, Maschka, Kough and Klausing.
Nays: None.
Then the Council considered the items removed from
the Consent Agenda.
3.2
(Removed from Consent Agenda) Approve Change
Orders for City Center Building Projects
City Manger Beets provided a general overview of the
most recent Change Orders and revisions in construction
for the City's construction project.
Councilmember Kough expressed his concern that
additional Change Orders were again before the City
Council.
Mayor Klausing sought clarification on the savings to-date
and additional expenditures, as they related to the
contingency fund. Mayor Klausing requested additional
detail for future Change Orders in order to justify
unanticipated expenses.
Project Manager Duane Schwartz reviewed the nature of
the Change Orders presented to-date for unanticipated,
unscheduled items and alternates, and risk variables in
hiring a Construction Manager versus General Contractor
for the project; and noted they represent approximately
three percent (3%) of the total project cost.
Approve Change
Orders for City
Center Building
Projects
Regular City Council Meeting - 02/09/04
Page 7
Schroeder moved, Kough seconded, approval of the
following Change Orders to contracts for City Hall
Campus renovations and improvements:
Vendor Description Amount
Adolfson & Peterson Add ( misc. ) $29,617.00
American Structural Metals Add ( additional steel) 24,812.00
Harmon, Inc. Add ( glass changeS) 854.00
Northern Air Corp. Add (mechanical) 38,174.00
Olympic Drywall Add (misc. framing) 44,141,00
WDSI Deduct (accessories) 1,200.00
Roll Call
Ayes: Ihlan, Schroeder, Maschka, Kough and Klausing.
Nays: None.
3.6
(Removed from Consent Agenda) Second Reading and
Enactment of an Ordinance Amending Title 10,
Section 1014, Subsection 1014.04 Pertaining to the
Board of Adjustment and Appeals (PF 3538)
Councilmember Schroeder questioned the next few items
addressed on the staff report, and ability to comment on
Consent items.
Mayor Klausing opined his understanding was that the
Consent motion would be to approve, and otherwise would
be removed from Consent.
Mayor Klausing noted that this method of approvals
appeared more cumbersome.
City Manager Beets noted that a Public Hearing before the
Planning Commission on each of the following ordinances
had been held, with discussion held at a subsequent Study
Session at which public comment was also received. Mr.
Beets noted that public comment would be available if
requested by anyone in the audience tonight as well.
Mayor Klausing noted that these items may be part of a
larger discussion related to agenda formatting.
Ordinance 1301
Second Reading
and Enactment
Amending Title 10,
Section 1014,
Subsection 1014.04
Pertaining to the
Board of
Adjustment and
Appeals (PF 3538)
Resolution 10194
Approving
Ordinance 1301
Summary
Regular City Council Meeting - 02/09/04
Page 8
Councilmember Schroeder used Consent Agenda Item 3.2
as an example of the confusion, with having three (3)
options "approve (modify or deny)" for the ordinance.
City Manager Beets responded that if the item was on
Consent for Approval it was on Consent for Approval; if a
councilmember wanted to modify or deny a Consent
approval item, they should take it off Consent. But that no
councilmember had suggested they wanted to modify or
deny these items when they were previously before the
Council.
Mayor Klausing clarified future staff report wording for
recommending approval would include the requested
action to approve, and the Council would reserve the
authority to modify or deny, at which time it would be
removed from the Consent Agenda.
Councilmember Kough addressed his concerns related to
zoning issues and a future bowling alley use.
Community Development Director Dennis Welsch
clarified that for a bowling alley at HarMar, a Conditional
Use Permit would be required in a B-2 Zone, but the issue
at HarMar had been related to the lease, and was not
applicable to Land Use regulation.
John Kysylyczyn, 3083 Victoria Avenue N
Mr. Kysylyczyn expressed confusion about which item
was applicable for current Council discussion, and
reviewed historical agendas and Council Rules and
Procedures for Ordinance and Resolution approvals; and
the need for 4/5 approval on Summary Ordinances.
Mr. Kysylyczyn spoke regarding Item 3.9 related to
Shopping Center Zoning Districts; referring to page three
of the staff report (Planning Commission comments)
regarding applicable rules for specific shopping centers;
and encouraged the Council to take a leadership role and
resolve the inconsistency in this portion of the zoning
code.
Regular City Council Meeting - 02/09/04
Page 9
Mayor Klausing sought public comment for Items 3.6, 3.7,
3.8, 3.9 and 3.10. No one appeared.
City Attorney Anderson requested that the Council
confirm action in adopting Summary Ordinances for each
of the above-referenced items
Maschka moved, Schroeder seconded, confirmation of
adoption of Ordinance Summaries for Items 3.6, 3.7, 3.8,
3.9, and 3.10, with a roll call vote.
Roll Call
Aye: Ihlan
Aye: Schroeder
Aye: Maschka
Aye: Kough
Aye: Klausing
Mayor Klausing requested City Manager Beets briefly
describe each specific agenda item as identified above.
Councilmember Maschka requested a roll call vote on the
action approving these six (6) items.
Maschka moved, Schroeder seconded, holding second
reading and enactment of ordinance No. 1301 entitled,
"An Ordinance Amending Title 10, Section 1014,
Subsection 1014.04, Section 1013, Subsection 1013.02B
and 1013.03, Pertaining to the Board of Adjustment and
Appeals."
Roll Call
Aye: Ihlan
Aye: Schroeder
Aye: Maschka
Aye: Kough
Aye: Klausing
Maschka moved, Schroeder seconded, adoption of
Resolution No. 10194 entitled, "A Resolution Approving a
Regular City Council Meeting - 02/09/04
Page 10
Summary of an Ordinance Amending Title 10, Section
1014, Subsection 1014.04, Pertaining to the Board of
Adjustment and Appeals and Establishment of a Variance
Board and Section 1013, Subsection 1013.02B and
1013.03 of the Roseville City Code Relating to
Establishment of Variance Board to Hear and Decide on
Land Use Variances and Administrative Appeals of Land
Use Decisions.
Roll Call
Aye: Ihlan
Aye: Schroeder
Aye: Maschka
Aye: Kough
Aye: Klausing
Maschka moved, Schroeder seconded, adoption of
Ordinance Summary No. 1301, entitled, "An Ordinance
Amending Title 10, Section 1014, Subsection 1014.04,
Section 1013, Subsection 1013.02B and 1013.03,
Pertaining to the Board of Adjustment and Appeals."
Roll Call
Aye: Ihlan
Aye: Schroeder
Aye: Maschka
Aye: Kough
Aye: Klausing
3.7
(Removed from Consent Agenda) Second Reading and
Enactment of an Ordinance Amending Title 10,
Section 1011, Subsection 1011.01 through 1011.05
pertaining to Nonconforming Uses and Structures and
Definitions (Section 1002.02) (PF 3537)
Maschka moved, Schroeder seconded, holding a second
reading and enactment of Ordinance No. 1302 entitled,
"An Ordinance Amending Title 10, Section 1011,
Subsection 1011.01 through 1011.05, Pertaining to Non-
Conforming Uses and Structures and Definitions (Section
1002.02)."
Roll Call
Ordinance 1302
Second Reading
and Enactment
Amending Title 10,
Section 1011,
Subsection 1011.01
through 1011.05
pertaining to
Nonconforming
Uses and
Structures and
Definitions (Section
1002.02) (PF 3537)
Regular City Council Meeting - 02/09/04
Page 11
Aye: Ihlan
Aye: Schroeder
Aye: Maschka
Aye: Kough
Aye: Klausing
Maschka moved, Schroeder seconded, adoption of
Resolution No. 10195 entitled, "A Resolution Approving a
Summary of an Ordinance Amending Section 1011 and
1012 of the Roseville City Code, Relating to Non-
Conforming Uses and Structures."
Roll Call
Aye: Ihlan
Aye: Schroeder
Aye: Maschka
Aye: Kough
Aye: Klausing
Maschka moved, Schroeder seconded, adoption of
Ordinance Summary No. 1302 entitled, "An Ordinance
Amending Title 10, Section 1011, Subsection 1011.01
through 1011.05, Pertaining to Non-Conforming Uses and
Structures and Definitions (Section 1002.02)."
Roll Call
Aye: Ihlan
Aye: Schroeder
Aye: Maschka
Aye: Kough
Aye: Klausing
3.8
(Removed from Consent Agenda) Second Reading and
Enactment of an Ordinance Amending Title 10,
Sections 1007.01 through 1007.04, Pertaining to
Industrial Zoning Districts (PF 3529)
Maschka moved, Schroeder seconded, holding a second
reading and enactment of Ordinance No. 1303 entitled,
"An Ordinance Amending Title 10, Section 1007.01
through 1007.04, Pertaining to Industrial Zoning
Districts."
Resolution 10195
Approving
Ordinance 1302
Summary
Ordinance 1303
Second Reading
and Enactment
Amending Title 10,
Sections 1007.01
through 1007.04,
Pertaining to
Industrial Zoning
Districts (PF 3529)
Regular City Council Meeting - 02/09/04
Page 12
Roll Call
Aye: Ihlan
Aye: Schroeder
Aye: Maschka
Aye: Kough
Aye: Klausing
Maschka moved, Schroeder seconded, adoption of
Resolution No. 10196 entitled, "A Resolution Approving a
Summary of an Ordinance Amending Title 10, Sections
1007.01 through 1007.04, Pertaining to Industrial Zoning
District."
Roll Call
Aye: Ihlan
Aye: Schroeder
Aye: Maschka
Aye: Kough
Aye: Klausing
Maschka moved, Schroeder seconded, adoption of
Ordinance Summary No. 1303 entitled, "An Ordinance
Amending Title 10, Sections 1007.01 through 1007.04,
Pertaining to Industrial Zoning Districts."
Roll Call
Aye: Ihlan
Aye: Schroeder
Aye: Maschka
Aye: Kough
Aye: Klausing
3.9
(Removed from Consent Agenda) Second Reading and
Enactment of an Ordinance Amending Title 10,
Sections 1006.01 through 1006.05, Pertaining to
Shopping Center Zoning Districts (PF 3528)
Maschka moved, Schroeder seconded, holding a second
reading and enactment of Ordinance No. 1304 entitled,
"An Ordinance Amending Title 10, Section 1006.01
through 1006.05, Pertaining to Shopping Center Zoning
Districts."
Resolution 10196
Approving
Ordinance 1303
Summary
Ordinance 1304
Second Reading
and Enactment
Amending Title 10,
Sections 1006.01
through 1006.05,
Pertaining to
Shopping Center
Zoning Districts
(PF 3528)
Regular City Council Meeting - 02/09/04
Page 13
3.10
Roll Call
Aye: Ihlan
Aye: Schroeder
Aye: Maschka
Aye: Kough
Aye: Klausing
Maschka moved, Schroeder seconded, adoption of
Resolution No. 10197 entitled, "A Resolution Approving a
Summary of an Ordinance Amending Title 10, Sections
1006.01 through 1006.05 of the Roseville City Code,
Relating to Shopping Center Zoning Districts."
Roll Call
Aye: Ihlan
Aye: Schroeder
Aye: Maschka
Aye: Kough
Aye: Klausing
Maschka moved, Schroeder seconded, adoption of
Ordinance Summary No. 1304 entitled, "An Ordinance
Amending Title 10, Sections 1006.01 through 1006.06,
Relating to Shopping Center Districts."
Roll Call
Aye: Ihlan
Aye: Schroeder
Aye: Maschka
Aye: Kough
Aye: Klausing
(Removed from Consent Agenda) Second Reading and
Enactment of an Ordinance Amending Title 10,
Sections 1005.01 through 1005.09, Pertaining to
Business Zoning Districts (PF 3527)
Maschka moved, Schroeder seconded, holding a second
reading and enactment of Ordinance No. 1305 entitled,
"An Ordinance Amending Title 10, Sections 1005.01
through 1005.09, Pertaining to Business Zoning Districts."
Resolution 10197
Approving
Ordinance 1304
Summary
Ordinance 1305
Second Reading
and Enactment
Amending Title 10,
Sections 1005.01
through 1005.09,
Pertaining to
Business Zoning
Districts (PF 3527)
Regular City Council Meeting - 02/09/04
Page 14
3.13
Roll Call
Aye: Ihlan
Aye: Schroeder
Aye: Maschka
Aye: Kough
Aye: Klausing
Maschka moved, Schroeder seconded, adoption of
Resolution No. 10198 entitled, "A Resolution Approving a
Summary of an Ordinance Amending Title 10, Sections
1005.01 through 1005.09, Pertaining to Business Zoning
Districts. "
Roll Call
Aye: Ihlan
Aye: Schroeder
Aye: Maschka
Aye: Kough
Aye: Klausing
Maschka moved, Schroeder seconded, adoption of
Ordinance Summary No. 1305 entitled, "An Ordinance
Amending Title 10, Sections 1005.01 through 1005.09,
Pertaining to Business Zoning Districts."
Roll Call
Aye: Ihlan
Aye: Schroeder
Aye: Maschka
Aye: Kough
Aye: Klausing
Authorize and Refunding (Refinancing) of the 1997
General Obligation Bonds, Series 23
City Manager Beets noted that Finance Director Miller
was distributing a Resolution, as a Bench Handout, as
described below.
Maschka moved, Ihlan seconded, adoption of Resolution
No. 10199 entitled, "Resolution Providing for the
Competitive Negotiated Sale of $1,760,000 General
Resolution 10198
Approving
Ordinance 1305
Summary
Resolution 10199
Authorize and
Refunding
(Refinancing) of the
1997 General
Obligation Bonds,
Series 23
Regular City Council Meeting - 02/09/04
Page 15
3.17
Obligation Improvement Refunding Bonds, Series 20004;"
and establishing the date for the Bond Sale for Monday,
March 8, 2004 at 11:00 a.m.; with consideration for award
by the City Council at the regularly-scheduled Council
meeting on March 8, 2004.
Roll Call
Ayes: Ihlan, Schroeder, Maschka, Kough and Klausing.
Nays: None.
Approve Contracts/Purchases in Excess of $5,000
Councilmember Schroeder sought clarification from staff
regarding the contract requirement process used by staff in
seeking quotes on the blanket purchases.
Public Works Director Duane Schwartz identified those
items related to Public Works and the quotes and State Bid
Contracts for each specific purchase; with frequent review
and comparison completed.
Councilmember Schroeder sought clarification on the Fire
Relief Association's related to the 2004 City Contribution
for current and unfunded liabilities totaling $448,670.
John Kysylyczyn, 3083 Victoria Street N
Sought further clarification of the payment.
Mr. Miller reviewed the past unfunded liability that had
not been paid, along with the 2004 budget amount, until
further adjusted.
Maschka moved, Schroeder seconded, approval of general
purchases and/or contracts for services for the following:
Vendor Item/Description Amount
Newman Traffic Signs Blanket Purchase Order (PO) $5,000
vanous sIgns
Royal Concrete Pipe Blanket PO, supplies 5,000
Tousley Ford, Inc. Blanket PO, vehicle supplies 10,000
Suburban Tire & Auto Blanket PO, vehicle supplies 10,000
Old Dominion Brush Blanket PO, supplies 6,000
Midway Ford Co. Blanket PO, vehicle supplies 6,000
Approve
Contracts/Purchase
s in Excess of
$5,000
Regular City Council Meeting - 02/09/04
Page 16
McMaster-Carr Blanket PO, supplies 6,000
Supply Co.
MacQueen Equipment Blanket PO, supplies 10,000
Kath Fuel Oil Blanket PO, fuel 12,000
Grainger, Inc. Blanket PO, supplies 10,000
Catco Parts & Service Blanket PO, supplies 6,000
Bumper to Bumper Blanket PO, supplies 8,000
CSK Prop Shop Blanket PO, supplies 5,000
Wingfoot Commercial Blanket PO, supplies 6,000
Tire
North Image Apparel, Blanket PO, uniforms 10,500
Inc.
Buberl Recycling & Blanket PO, compost turning 10,000
Compost
Hydro Supply Co. Blanket PO, water meters & 40,000
supplies
N. Suburban Comm. Gambling Proceeds, 10,000
Foundation Charitable Gambling
Activity Profit
Roseville Fire Relief 2004 City Contribution, 448,670
Association current & unfunded
liabilities
PCCS, Inc. Backup Power & Dry 46,565
suppression system, network
server room, cutover
protection
TKDA Blanket PO, watermain leak 6,000
detection
General Repair Blanket PO, pump/valve 5,000
repaIrs
Roll Call
Ayes: Ihlan, Schroeder, Maschka, Kough and Klausing.
Nays: None.
4. Approve Minutes
4.1
Approve City Council Minutes for January 26, 2004
Maschka moved, Kough seconded, approval of the
meeting Minutes for the January 26, 2004 regular Council
Meeting as amended.
Corrections:
· Pa2e 22. 1st full paragraph (Klausing)
Approve Regular
City Council
Minutes for
January 26, 2004
Regular City Council Meeting - 02/09/04
Page 17
o Revise to read, "Mayor Klausing reiterated
his preference for Il€Hi si8€r€ti€mary
discussion prior to any motions being brought
forward."
· Page 31, 4th full paragraph, Special Elections
(Klausing)
o Spelling correction "mute" to "moot."
· Pages 25 and 27, Twin Lake Stakeholders Panel
(Schroeder)
o Clarify to acknowledge that there was not a
consensus achieved regarding eliminating
non-residents.
Mayor Klausing concurred, and recommended striking the
entire line in the 3rd full paragraph on Page 25 as follows:
Applicant Area Reo resented Rationale for Elimination
J€lllH.8€lB Ea8t Si€l@ €lf La!lgt€l!l Lak@ R@8i€l@!l@j' €lyt8i€l@ Citj'
~T
And correcting page 27 to include Ms. Johnson-Nygaard
in those applicants for residents to represent the East Side
of Langton Lake.
Roll Call
Ayes: Schroeder, Maschka, Kough and Klausing.
Nays: None.
Abstentions: Ihlan
5.
Recognitions, Donations, Communications
5.1
Resolution of Appreciation for Sponsors and
Volunteers of the 2004 Home and Garden Fair
Community Development Director Dennis Welsch
provided a brief review of the recent 2004 Home and
Garden Fair and verbally thanked all those involved, and
recognized the value of volunteers in the community. Mr.
Welsch read the names of volunteers, staff and
Commissioners, and private/corporate sponsors involved
in the event.
Recognitions,
Donations,
Communications
Resolution 10200
Appreciation for
Sponsors and
Volunteers of the
2004 Home and
Garden Fair
Regular City Council Meeting - 02/09/04
Page 18
Mayor Klausing concurred with Mr. Welsch's comment,
and thanked Mr. Welsch and staff for his coordination of
the event.
Maschka moved, Ihlan seconded, adoption of Resolution
No. 10200 entitled, "Resolution of Appreciation for
Sponsors and Volunteers of the 2004 Home and Garden
Fair. "
Roll Call
Ayes: Ihlan, Schroeder, Maschka, Kough and Klausing.
Nays: None.
5.2
Proclaim February 2004 Black History Month in the
City of Roseville
Maschka moved, Ihlan seconded, proclamation of
February 2004 as Black History Month in the City of
Roseville.
Roll Call
Ayes: Ihlan, Schroeder, Maschka, Kough and Klausing.
Nays: None.
6.
Consider Approving Concept Plan for Improving the Dale
Street Athletic Fields
Parks and Recreation Director Lonnie Brokke reviewed
historical and background events, necessitating the closing of the
Central Park Dale Street Athletic fields due to turf deterioration.
Mr. Brokke reviewed continuing poor turf conditions, expense of
ongoing renovations, safety concerns and overall interest in
upgrading the existing field complex, the Roseville Area Youth
Associations, who were primary users of the fields, brought forth
a concept proposal for Council consideration. The concept plan
includes fencing and lighting of the two (2) multi-use athletic
fields, a concession/storage facility, and an additional thirty (30)
parking spaces.
Mr. Brokke advised that staff, neighbors, community groups and
the Parks and Recreation Commission had reviewed the
proposed plan, along with reviewing past, current and future uses
of the athletic fields, with all groups endorsing the proposed
Proclaim February
2004 Black History
Month in the City
of Roseville
Consider
Approving Concept
Plan for Improving
the Dale Street
Athletic Fields
Regular City Council Meeting - 02/09/04
Page 19
improvements would be compatible. Mr. Brokke noted that two
92) community meetings were held in the fall of 2003 to review
and revise plans to address neighborhood concerns, primarily
related to lighting, initial inclusion of a public address booth, and
an unrelated security issue in the wooded area on the north
adjacent to the Rosetown Ridge Townhouse Project. Mr. Brokke
advised that as a result of those meetings, and positive discussion
among involved parties, the public address booth had been
removed, lighting was proposed in the Phase One (South field)
area only, with Phase Two (North field) lighting to be considered
at a later date.
Mr. Brokke advised that the proposed process for development
of the Central Park Dale Street Athletic Field Concept Plan was
consistent with the Parks and Recreation System Plan and the
overall community involvement process. Mr. Brokke advised
that if the concept plan was approved by the City Council
tonight, more detailed drawings and soil samples would be
initiated.
Mr. Brokke noted that there was no cost associated with the
approval of the proposed concept plan, with the Roseville Area
Youth Athletic Associations then proceeding with fundraising to
finance the project.
Mr. Maschka referenced potential use of artificial turf as a trial at
this location and the possibility of initiating depreciation on the
fields now, as a remnant of last Saturday's Work Session and the
need to depreciate facilities.
Councilmember Schroeder expressed concern regarding the need
for fencing each field individually, opining that another solution
could be found; and also appeared to be preventing all people use
of the facility, and catering to select users. Councilmember
Schroeder further opined that the fences would prove useless if
someone wanted to access the fields, and seemed an excessive
cost that might prove futile.
Mr. Brokke noted that the proposal was to fence both fields, with
some gates where applicable; anticipating that the fields would
be locked at minimum and seasonal times of the year, as needed,
Regular City Council Meeting - 02/09/04
Page 20
in an effort to prevent more damage to the fields.
Councilmember Ihlan asked if there were audience members
from the neighborhood; and sought assurance that the neighbor's
concerns had been addressed, and they were supportive of the
proj ect.
Councilmember Kough noted his attendance at one of the
neighborhood meetings; and spoke in support of the
improvements as a way to replace the soccer and football fields
eliminated at the Arona site. Councilmember Kough did seek
clarification as to the lighting and when practice sessions would
be over in order to not create a nuisance in the neighborhood.
Mr. Brokke addressed the lighting issue, noting that timer would
be used, as with other fields, and since the field was used
primarily for youth events, the timer would typically be set to
turn off at 10:00 p.m.
Councilmember Maschka spoke in support of protecting the field
as a valuable City asset.
Further discussion ensued regarding the type of materials for the
fencing, with Mr. Brokke anticipating use of standard black vinyl
fencing materials.
Mayor Klausing opened the meeting for public comment related
to this issue.
Rev. Elder Bentley, 647 Overlook Drive
Rev. Bentley commended staff regarding their communication
efforts with the neighborhood regarding the project, and their
proactive responses to those concerns raised by the neighbors.
Mr. Eberth opined his support of youth projects; and again
commended staff for their receptiveness.
Jeff Johnson, President, Roseville Area Youth Football
Association
Mr. Johnson noted that the Association's main concern was for
the safety of participants, and the heavy use of the Parkview field
was becoming similar to the Dale Street facility, creating field
Regular City Council Meeting - 02/09/04
Page 21
conditions similar to playing on asphalt. Mr. Johnson addressed
other options considered, rather than fencing, but after
consideration had determined that the best solution was fencing.
Mr. Johnson complimented Mr. Brokke and staff on their
patience during the eighteen-month process to develop the
concept plan, and their expertise in assisting the Associations
through the process.
Mr. Johnson noted the advantages of the community meetings, as
discussion related to parking shortages resulted in timing
changes for games to alleviate the problems. Mr. Johnson
further noted that the neighbors had alerted the Associations of
an unknown water hazard on private property that allowed more
safety steps to be taken to protect other family members
attending games.
Mr. Johnson concluded by emphasizing that field space was at a
premium, and encouraged Councilmembers to preserve this vital
community investment.
Greg Cottle, President, North Suburban Soccer Association
Mr. Cottle noted that the present situation offers an opportunity
for the Soccer Association to make better utilization of the fields,
with 18 - 25% of participants Roseville residents, and the need to
replace lost fields. Mr. Cottle noted that fences around fields
provide parents with a better sense of security for their children
(i.e., keeping balls off streets, keeping track of younger children
not involved in activities); and encouraged the council to
approve the concept plan.
Mayor Klausing sought clarification as to actual costs associated
with the concept plan.
Mr. Brokke confirmed that, at this point, there was no cost; and
at a future point probably 5 - 7 years long-term, there may be
opportunities for staff to assist with expertise; but that there was
no funding available in the Parks and Recreation budget. Mr.
Brokke noted that any future financing requests would be
processed through the budgeting process.
Regular City Council Meeting - 02/09/04
Page 22
Councilmember Schroeder sought comment from City Attorney
Anderson regarding liability or risk to the City for the fencing
around the fields when the gates are locked, with people
attempting access.
City Attorney Anderson noted that there would be some liability
exposure under trespasser standards, but certain situations would
provide for immunity in Minnesota Statute, Chapter 466, for
recreational areas and fences around recreational areas, and
immunity under the law arising out of operations and
improvements to facilities; concluding that there may be limited
exposure, and expenses in defending any lawsuit.
Mayor Klausing noted the need to prove negligence.
Councilmember Schroeder noted that the Middle School fencing
was only 4 or 5 feet high, with openings rather than gates, and
didn't exclude anyone from the general public. Councilmember
Schroeder suggested that temporary fencing could be considered,
and questioned spending dollars needlessly; and further
suggested more focus on programming the field, and not
overextending their use.
Mr. Brokke noted that the amount of time the fields would be
taken out of use would be minimal; and while fencing was not an
ideal situation, other ways to monitor use were challenging with
limited staff and financial resources.
Councilmember Kough sought clarification as to the purpose of
the fences.
Mr. Brokke clarified that it was simply in order to manage the
turf, and could be solved with installation of artificial turf, but
that proved cost-prohibitive at this point.
Terry Callahan, 2721 Galtier Street
Mr. Callahan spoke in favor of the concept plan, as a parent,
Board member of the Roseville Area youth Foundation and a
coach, noting that another option with fence installation was that
one field at a time could be taken out of service to better manage
the turf.
Regular City Council Meeting - 02/09/04
Page 23
Maschka moved, Ihlan seconded, adopted the proposed Concept
Plan for the Central Park Dale Street Athletic Field Complex, as
presented in the staff report dated February 9, 2004.
Councilmember Maschka noted that this was not an ideal option,
but was workable and the most cost-effective solution at this
time.
Councilmember Kough sought clarification of anticipated costs
for the project.
Mr. Brokke noted that the Roseville Area Youth Football
Association anticipated a total expenditure of $700,000, which
would create a challenge requiring substantial fundraising on
their part; and that the project would need to be done according
to outlined specifications, and volunteer labor and materials
would reduce the costs of the project.
Councilmember Schroeder reiterated his concerns about fencing
the fields, and the futility of keeping people off them if they
wanted to access the fields; opining the need to find other
alternatives (i.e., less scheduling, better turf).
Councilmember Ihlan clarified the requested motion, to approve
the concept plan for future use, with no financial commitment on
the part of the City at this time; with the Youth Association
fundraising for the project.
Mr. Brokke confirmed Councilmember Ihlan's perceptions.
Mayor Klausing noted that he had initially concurred with
Councilmember Schroeder's concerns, and was not enthused due
to the aesthetics of fencing, but noted that preservation of the
City's asset was a compelling one, since taxpayer monies had
been used to develop the area. Mayor Klausing further noted
that ongoing budget constraints required the City to consider
alternative funding sources from organizations. Mayor Klausing
concluded by opining his support of the concept plan, since there
was no initial cost to the City.
Regular City Council Meeting - 02/09/04
Page 24
Roll Call
Ayes: Ihlan, Maschka, Kough and Klausing.
Nays: Schroeder.
Mr. Brokke expressed apprecIatIOn to and commended the
neighbors and the Athletic Associations for their receptiveness to
each other; and noted the example portrayed by the Associations
seeking a proactive solution to a problem, rather than making
demands on the City's services.
Councilmember Maschka concurred with comments that the
Youth Athletic Associations saved the City considerable monies.
Recess Recess
Mayor Klausing recessed the meeting at 8:02 p.m. and
reconvened the meeting at 8:09 p.m.
7.
Appoint Twin Lakes Stakeholder Panel Members
Mayor Klausing had reviewed individual Councilmember
recommendations and prepared a list of suggested appointees.
Mayor Klausing reviewed his rationale for suggested
appointments, in an effort to provide equality among
Councilmember preferences and on the Panel itself.
Appoint Twin
Lakes Stakeholder
Panel Members
Mayor Klausing sought Council comment as to how the majority
preferred to proceed.
Councilmember Kough expressed his confusion with the process
to-date, and opined that the panel was too large at twenty-five
(25) people, recommending a panel of fifteen (15) people.
Discussion ensued regarding individual preference and
evaluation method; consideration of panel members not living
within the City of Roseville; number of panel members; and the
strength of the Stakeholder Panel in representing as many
community sectors as possible.
Councilmember Maschka noted that Mr. Shardlow had
concurred with a panel of twenty-five.
Councilmember Schroeder opined his preference for reserving
Regular City Council Meeting - 02/09/04
Page 25
adequate spots on the Twin Lakes Business/Property Owner
category.
City Manager Beets clarified the number of applications received
to-date, including those received yet today prior to the meeting,
noting that six people had applied for eight slots or the
Business/Property Owner category, and with expanding the "at
large" members from one to two; and expanding the "Small
Business" category, from two to three, along with Commission
Chairs, it would bring the panel to 25 members.
Mayor Klausing again sought consensus on the appointment
process.
Councilmember Maschka opined his support for appointing all
applicants as outlined by Mayor Klausing's recommendation.
Councilmember Kough expressed opposition to one of the
appointees in the Small Business Owner category, opining his
preference to vote on individual appointees.
Councilmember Schroeder opined his lack of support in
appointing Dan wall, given his representation through the
Roseville Visitor's Association already.
Following further discussion, it was the consensus of
Councilmembers to vote on individual appointments.
John Kysylyczyn, 3083 Victoria Street N
Mr. Kysylyczyn sought clarification regarding the appointment
process, and referred to Mr. Shardlow's December 12, 2003
correspondence and his recommendations on the selection
process, and opined that appointees were being recommended by
select Councilmembers on a political basis due to their support of
Council candidates. Mr. Kysylyczyn polled Councilmembers on
which appointees had provided campaign funds to their re-
election campaigns.
Debate ensued among Councilmembers and Mr. Kysylyczyn,
with no consensus achieved on the appointment process.
Regular City Council Meeting - 02/09/04
Page 26
Mayor Klausing requested that Mr. Kysylyczyn completed his
comments, and allow the Council to continue their discussion
and decision-making.
Mr. Kysylyczyn questioned rationale for appointment of several
appointees, including Mr. Wall and Ms. Pederson; and the
proposed categories for representation; and the consistency of
advertised standards.
Gale Pederson, panel applicant
Ms. Pederson commented on her application to represent her
employer, at the employer's request, given Ms. Pederson's past
experience and involvement in the community; and volunteered
to seek permission from her employer to find another appointee
to represent the business at the Council's discretion. Ms.
Pederson noted that her term on the Parks and Recreation
Commission expires on March 1, 2004; and noted that the Parks
and Recreation Commission, at their last meeting, had appointed
Rich Jacobson to represent the Commission on the Twin Lakes
Panel.
Discussion ensued among Councilmembers and staff (Mr.
Welsch) related to the wording of the applications and intent to
have the business represented, without stipulation of a designee
or the actual owner.
Mr. Welsh noted that some of the businesses were corporations,
and were represented, at the owners' discretion, by those who
would best represent the owners' interests.
Councilmember Ihlan recommended proceeding with individual
appointments.
Northwest/Brenner Neighborhood
Appointee #1 of 2
Maschka moved, Kough seconded, appointment of Tim Kotecki,
3078 Mount Ridge Road, as resident representative of the
Northwest/Brenner Neighborhood to the Twin Lakes Stakeholder
Panel.
Roll Call
Ayes: Ihlan, Schroeder, Maschka, Kough and Klausing.
Regular City Council Meeting - 02/09/04
Page 27
Nays: None.
Appointee #2 of 2
Ihlan moved, Maschka seconded, appointment of Beth
Robertson, 3087 Mount Ridge Road, as resident representative of
the Northwest/Brenner Neighborhood to the Twin Lakes
Stakeholder Panel.
Councilmember Ihlan spoke in support of the appointment of
Ms. Robertson, recognizing the important perspective she
brought to the panel.
Councilmember Maschka concurred with Councilmember
Ihlan's comments, in addition to recognizing the gender balance
provided by Ms. Robertson's appointment.
Councilmember Schroeder cautioned Councilmembers to desist
referencing gender balance, opining the Council could open
themselves up to equity issues, with other minorities filing suit.
Councilmember Schroeder spoke against the appointment of Ms.
Robertson, opining her radical stance not serving to benefit the
proj ect.
Councilmember Kough spoke against the appointment, opining a
preference for Mr. Olson's appointment.
Roll Call
Ayes: Ihlan, Maschka and Klausing.
Nays: Schroeder and Kough.
East Side Langton Lake
Appointee #1 of 2
Maschka moved, Schroeder seconded, appointment of Carole
Erickson, 2925 Mildred Drive, as resident representative of the
East Side Langton Lake Neighborhood to the Twin Lakes
Stakeholder Panel.
Roll Call
Ayes: Schroeder, Maschka, Kough and Klausing.
Nays: Ihlan.
Appointee #2 of 2
Schroeder moved, Kough seconded, appointment of Patricia
Regular City Council Meeting - 02/09/04
Page 28
Johnson-Nygaard, 130 Third Avenue SE, New Brighton, as
resident representative of the East Side Langton Lake
Neighborhood to the Twin Lakes Stakeholder Panel.
Councilmember Schroeder spoke in favor of the appointment,
even though Ms. Johnson-Nygaard was no longer a resident of
Roseville; opining that she would be another asset, such as Ms.
Erickson.
Councilmember Kough concurred with Councilmember
Schroeder, opining that Ms. Johnson-Nygaard was a very
dedicated person, with over 30 years into the Twin Lakes
redevelopment to-date.
Councilmember Maschka opined his respect for Ms. Johnson-
Nygaard, but spoke against the motion as she was no longer a
City resident
Councilmember Ihlan opined her preference to consider the
perspective of this appointment, when other applicants within the
City were not appointed, and spoke against the motion.
Roll Call
Ayes: Schroeder and Kough.
Nays: Ihlan, Maschka and Klausing.
Motion failed.
Appointee #2 of 2
Ihlan moved, Klausing seconded, appointment of Karen Milton,
2939 Mildred Drive, as resident representative of the East Side
Langton Lake Neighborhood to the Twin Lakes Stakeholder
Panel.
Roll Call
Ayes: Ihlan, Maschka and Klausing.
Nays: Schroeder and Kough.
East of Fairview
Appointee #1 of 2
Schroeder moved Todd Cummings, 1800 County Road C-2.
Motion died for lack of a second.
Maschka moved, Kough seconded, appointment of Donald
Regular City Council Meeting - 02/09/04
Page 29
Hewitt, 1794 Maple Lane, as resident representative of the East
of Fairview Neighborhood to the Twin Lakes Stakeholder Panel.
Counci1member Maschka spoke in support of the motion,
opining the level perspective brought to the panel by the
applicant.
Councilmenlber Kough spoke in support of the appointment.
Roll Call
Ayes: Ihlan, Maschka, Kough and Klausing.
Nays: Schroeder.
Appointee #2 of 2
Kough moved, Maschka seconded, appointment of Larry
Sullivan, 3092 Fairview Avenue N, as resident representative of
the East of Fairview Neighborhood to the Twin Lakes
Stakeholder Panel.
Roll Call
Ayes: Ihlan, Maschka, Kough and Klausing.
Nays: Schroeder.
J ames Addition
Appointee #1 of 2
Klausing moved, Maschka seconded, appointment of Craig
Christianson, 2585 Wheeler Avenue, as resident representative
of the James Addition Neighborhood to the Twin Lakes
Stakeholder Panel.
Councilmember Schroeder spoke against the appointment, noting
that Mr. Christianson had put up a campaign sign during
Councilmember Schroeder's candidacy.
Roll Call
Ayes: Ihlan, Maschka, Kough and Klausing.
Nays: Schroeder.
Appointee #2 of 2
Kough moved, Maschka seconded, appointment of Elwyn (AI)
Sands, 2612 Aldine Street N, as resident representative of the
Regular City Council Meeting - 02/09/04
Page 30
James Addition Neighborhood to the Twin Lakes Stakeholder
Panel.
Councilmember Schroeder spoke against the appointment, citing
Mr. Sands' involvement in the community already, and
preferring another representative for broader representation.
Councilmember Kough spoke for the appointment, noting that
Mr. Sands' was personally associated with him, but didn't factor
into his selection as an appointee.
Roll Call
Ayes: Ihlan, Maschka, Kough and Klausing.
Nays: Schroeder.
Members at Large
Mayor Klausing sought consensus on expanding this category to
two (2) members; Councilmembers concurred.
Appointee #1 of 2
Maschka moved, Kough seconded, appointment of Dan Roe,
2100 Avon Street N, as resident representative at-large to the
Twin Lakes Stakeholder Panel.
Roll Call
Ayes: Ihlan, Schroeder, Maschka, Kough and Klausing.
Nays: None.
Appointee #2 of 2
Schroeder moved, Kough seconded, appointment of Dave
Rustad, 329 South Owasso Boulevard, as resident representative
at-large to the Twin Lakes Stakeholder Panel.
Councilmember Schroeder spoke in support of the motion,
opining Mr. Rustad's enterprising real estate knowledge and
valuable asset to the panel. Councilmember Schroeder noted that
Mr. Rustad had some businesses in Little Canada, but
Councilmember Schroeder had not personally dealt with him.
Councilmember Kough spoke in support of the motion, noting
that Mr. Rustad visited him during his Council office hours at
City Hall; and Councilmember Kough opined Mr. Rustad's
Regular City Council Meeting - 02/09/04
Page 31
positive comments about the City and desire to become involved.
Mayor Klausing spoke against the appointment, noting that Mr.
Rustad had been a contributor to his campaign; but opined the
majority support of Ms. McGehee for appointment to the panel.
Councilmember Schroeder opined that past comment was for
attempting to involve more people in the community that had not
been participants in local government before; noting that Ms
McGehee had substantive participation in the community
already.
Mayor Klausing encouraged Mr. Rustad's involvement in the
community, but reiterated his support for majority rule in the
appointments.
Roll Call
Ayes: Schroeder and Kough.
Nays: Ihlan, Maschka and Klausing.
Motion failed.
Appointee #2 of 2
Klausing moved, Ihlan seconded, appointment of Tam McGehee,
77 Mid Oaks Lane, as resident representative at-large to the
Twin Lakes Stakeholder Panel.
John Kysylyczyn, 3083 Victoria Street N
Mr. Kysylyczyn opined his lack of support for appointment of
Ms. McGehee to serve on the panel.
Councilmember Schroeder spoke against the appointment, noting
Ms. McGehee's involvement with the Roseville Concerned
Citizens group and her negative opinions and involvement III
other projects; opining her involvement would be disruptive.
Councilmember Kough concurred with Councilmember
Schroeder's concerns about Ms. McGehee's past negative
involvement in the community, but opined his support of
providing Ms. McGehee an opportunity to change and move
forward.
Roll Call
Ayes: Ihlan, Maschka, Kough and Klausing.
Nays: Schroeder (absolutely Nay).
Regular City Council Meeting - 02/09/04
Page 32
Roseville Small Business Owner
Appointee #1 of 3
Maschka moved, Schroeder seconded, appointment of Matthew
Clysdale, Maguire Agency, 495 Hillscourte North, as Roseville
Small Business Owner representative to the Twin Lakes
Stakeholder Panel.
Roll Call
Ayes: Ihlan, Schroeder, Maschka, Kough and Klausing.
Nays: None.
Appointee #2 of 3
Schroeder moved, Kough seconded, appointment of Jane Larson,
1700 West Highway 36, #801, Roseville Small Business Owner
representative to the Twin Lakes Stakeholder Panel.
Roll Call
Ayes: Ihlan, Schroeder, Maschka, Kough and Klausing.
Nays: None.
Mayor Klausing sought consensus for appointment of three (3),
rather than two (2) representatives.
Appointee #3 of 3
Ihlan moved, Maschka seconded, appointment of Dan Wall, 510
Ryan Avenue, as Roseville Small Business Owner representative
to the Twin Lakes Stakeholder Panel.
Councilmember Schroeder opined his lack of support for this
applicant, and expressed his disappointment in the appointment.
Councilmember Kough opined his lack of support for the
applicant, even as a former Mayor, but noting his demeaning
newspaper articles on individual Councilmembers and the
Council as a whole; further opining that the apparent lack of
respect would not serve well on the panel.
Debate ensued between Mayor Klausing and Councilmember
Schroeder related to the perception of political appointments and
the makeup of the panel.
Mayor Klausing noted that he would abstain from voting, or vote
Regular City Council Meeting - 02/09/04
Page 33
against the appointment, given the apparent controversy; opining
that Mr. Wall would not want to be appointed under these
circumstances, even though well-qualified to serve.
Mayor Klausing defended his selection process and attempted a
good faith effort to be fair to each Councilmember, and
expressed disappointment in the controversies encountered.
Councilmember Schroeder opined his interpretation of Mayor
Klausing's attempt to camouflage political appointees, while
making token concessions regarding other appointees.
Mayor Klausing noted he would be voting against the motion.
Councilmember Ihlan, from her perspective of a new
Councilmember, summarized her selection process, noting her
review of the applications, and the applicants' reasons for
wanting to serve. Councilmember Ihlan noted the many
qualified applications received and the broad range of interest
represented, opining that it would have been her preference to
appoint all of the applicants. Councilmember Ihlan opined that
whether an applicant supported one candidate or another should
not serve as criteria regarding their appointment to serve on the
panel, as it was not a question on the application form.
Roll Call
Ayes: Ihlan and Maschka.
Nays: Schroeder and Kough.
Abstentions: Klausing.
Motion failed.
Twin Lakes Business/Property Owner
Appointee #1
Maschka moved, Klausing seconded, appointment of the
following six (6) people to serve as Twin Lakes
Business/Property representatives to the Twin Lakes Stakeholder
Panel.
John Johnannson (Welsch Companies), John Komula (Equity
Commercial Services), Walter Van Heest (MIV, LLC, owner of
eleven properties in Roseville, all in close proximity to the
Regular City Council Meeting - 02/09/04
Page 34
proposed redevelopment, the majority of these properties in the
Twin Lakes AUAR, d/b/a Northco Real Estate Services), Mark
Rancone (Roseville Properties, 2575 North Fairview Avenue,
Suite 250, Roseville), Kent Carlson (Ryan Companies US,
Inc.), and Gale Pederson (Multicare Associates of the Twin
Cities, Twin Lakes Health Building, 1835 County Road C West).
Councilmember Schroeder noted that he had nothing against Ms.
Pederson, but was seeking the right person to represent the
business and property owners.
Community Development Director Dennis Welsch commented
that following the direction to staff after the last Council
meeting, staff had sent a second personal letter to the actual
property owner of record, and did not specify who represented
them, just that their business be represented.
Roll Call
Ayes: Ihlan, Schroeder, Maschka, Kough and Klausing.
Nays: None.
Mayor Klausing congratulated those appointed, and thanked each
applicant and encouraged them to make application in the future
for Commission vacancies. Mayor Klausing noted that each
person on the bench attempted to do their best for the benefit of
the City, but recognized the different perspectives.
Councilmember Schroeder acknowledged Mayor Klausing's
attempt to find common ground, but recommended that in the
future, the overall community benefit be upheld, rather than his
opined perception of political appointments.
Councilmember Ihlan sought clarification, for public
information, as to meeting times, locations, public comment
availability and whether they would be advertised and/or
televised to allow the public to monitor the panel's progress.
Mayor Klausing noted that all city-sponsored meetings were
open to the public, unless otherwise noted.
Community Development Director Welsch advised that, due to
Regular City Council Meeting - 02/09/04
Page 35
availability and convenience, the meetings were scheduled to be
held at the Twin Cities Builders' Association office building;
that they would not be videotaped, as the room did not lend itself
well to doing so; that they were open to the public, but not in a
public comment or public hearing format until so advertised as
specific meetings; and were scheduled to be held from 7:00 to
9:00 p.m., beginning this Thursday evening, February 12, 2004.
Mr . Welsch noted that the first meeting would provide a
historical perspective of Twin Lakes, provide a process
orientation and community planning background. Mr. Welsch
noted that advertising was on the City's webpage and in the
Community Development office, and that it was anticipated that
notes and a hard copy of Mr. Shardlow's Power Point
presentation would be provided from the meetings and available
from those same sources.
8.
Consider Adopting 2004 Fees Schedule
Finance Director Chris Miller reviewed a previous presentation
by staff requesting Council support for establishing an annual
comprehensive fee schedule by resolution for regulatory type
fees to make them more affectively accounted for, rather than
scattered through the City code.
Mr. Miller also noted the inclusion of a fee survey of
surrounding and peer cities with responses to-date; advising that
staff would continue to tabulate responses as received and
provide additional information to the City Council as
appropriate, along with statistical comparisons and calculations
as previously directed. Mr. Miller noted that staff anticipated
returning this summer or fall with any proposed fee revisions,
and the draft resolution presented tonight for consideration
represented current fees as previously adopted by ordinance.
Discussion included annual adoption of the fee schedule; specific
fees that may be outdated and needing a more detailed review by
staff; trends and service levels provided through fees.
Councilmember Schroeder complimented staff for their work to-
date, and encouraged any changes be well-discussed on a
Council-level as a policy decision.
Resolution 10202
2004 Fees Schedule
Regular City Council Meeting - 02/09/04
Page 36
Schroeder moved, Maschka seconded, adoption of Resolution
No. 10202 entitled, "Resolution Establishing the 2004 Fee
Schedule."
Roll Call
Ayes: Ihlan, Schroeder, Maschka, Kough and Klausing.
Nays: None.
9.
Report and Discussion about Liquor Licenses and Bars in
Roseville
Finance Director Miller, at Councilmember Kough's request,
provided a report in tonight's packet responding to special
requirements for bars, nightclubs, and bowling alleys.
Mr. Miller noted that, subsequent to Council's previous direction
to develop legislation seeking an increase in the City's on-sale
liquor licenses, staff had learned that laws regarding the
limitation of on-sale liquor licenses were loosened in the 2003
legislative session, and reported to Councilmembers under
separate cover.
Mr. Miller reviewed revised definitions of on-sale liquor licenses
related to liquor-only establishments, and was not inclusive of
restaurants, and is based on the seating capacity and gross sales
attributable to food services.
Discussion included the need to review both on and off-sale
licenses; their relationship to locations within the City; and
saturation rates in neighborhoods.
Kough moved, Maschka seconded, to rescind Councilmember
Kough's motion from a previous meeting to seek additional
licensing authority.
Roll Call
Ayes: Ihlan, Schroeder, Maschka, Kough and Klausing.
Nays: None.
10.
Update about Mounds View Public School District Service
Center Property, 2959 North Hamline Avenue
Community Development Director, updated Councilmembers
regarding the Mounds View Public School District Service
Center's three (3) acre parcel located at Lydia and Hamline
Report and
Discussion about
Liquor Licenses
and Bars in
Roseville
Update about
Mounds View
Public School
District Service
Center Property,
Regular City Council Meeting - 02/09/04
Page 37
Avenues; recent discussions with School District staff and 2959 North
potential developers related to building issues internally and Hamline Avenue
externally; soil concerns and zoning implications.
Mr. Welsch noted that any further discussion on a Council level
was premature at this time, but wanted them to be aware of
potential future discussions (i.e., 2005) related to changes in the
Zoning District, implying a possible amendment to the City's
Zoning Code and resulting changes to the City's Comprehensive
Plan.
Kough moved, Klausing seconded, directing staff and the
Housing and Redevelopment Authority (HRA) to monitor the
site where the current School District office is located, 2959
North Hamline Avenue.
Roll Call
Ayes: Ihlan, Schroeder, Maschka, Kough and Klausing.
Nays: None.
11.
Discuss Council Meeting Agenda Format
Mayor Klausing opened discussion related to the agenda formats
and recent revisions made by staff. Mayor Klausing referred to
City Manager Beets for his rationale in making the revisions;
then advised he would entertain public comment; followed by
Council discussion.
Discuss Council
Meeting Agenda
Format
City Manager Beets advised that staff's goal or target was to
create an agenda that was more informative and customer-
friendly for the public. Mr. Beets noted that the first page had
been revised, and the intent was that it would remain the same
with the Council member photos, contact information, purpose
and desired outcomes of the meeting and meeting guidelines.
Mr. Beets then reviewed the business portion of the agenda, and
its various categories, including changes in the numbering
system and subsections; moving of the consent agenda to the
beginning of the meeting; more information about anticipated
presenters and their titles; an estimated timeframe for each item;
and upcoming public meetings of interest, along with the first-
page note encouraging volunteers and community involvement.
Regular City Council Meeting - 02/09/04
Page 38
John Kysylyczyn, 3083 Victoria Street N
Mr. Kysylyczyn declined comment at this time, but opined his
reserved right to comment on discussions at a later time,
following Council discussion.
Councilmember Maschka opined that, as he'd worked with this
agenda format, he liked the flow, but was troubled by the number
and type of items included on the Consent Agenda, as previously
acknowledged and experienced tonight. Councilmember
Maschka expressed his preference that Ordinances and
Resolutions be a separate agenda item; opining that there should
never be 2 or 3 questions of items included on a Consent
Agenda, and those items included should be of a non-
controversial nature.
Mayor Klausing noted that, from staff's perspective, it was
difficult for them to anticipate which items were going to prompt
questions from the Councilor public.
Councilmember Maschka reiterated his overall acceptance of the
revised agenda format.
Councilmember Schroeder expressed his confusion with using a
regular numbering system, with subsections (i.e., 3.1, 3.2...)
when the same numbering system was used in staff reports and
made it difficult to follow discussion. Councilmember
Schroeder suggested returning to a Roman Numeral system, or a
lettered system; and expressed his preference for a standard
meeting format to be followed (i.e., Minutes approved prior to
the Consent Agenda); and separate sections for Recognitions,
and Communications, with those at the beginning of the meeting
agenda.
Mayor Klausing concurred with moving Approval of Minutes
immediately following the Roll Call/Agenda Approval and
Public Comment sections. Mayor Klausing concurred with
having a separate section for Ordinances and Resolutions
immediately following the Consent Agenda.
Council member Schroeder questioned the validity of having a
separate section that was specifically used for those items
Regular City Council Meeting - 02/09/04
Page 39
removed from the Consent Agenda.
Mayor Klausing sought comment from
Schroeder, who had previously expressed
having them included on the agenda.
Councilmember
displeasure with
Councilmember Schroeder noted that, while at first he didn't
have an issue with including them, after several public
comments, he would prefer that they not be included, or at least
not his.
Councilmember Schroeder also expressed his preference to have
a separate section for Public Hearings or Land Use items.
Discussion ensued. on Public Hearing requirements for some
resolutions and many ordinances, and the most applicable
portion of the agenda for placement.
City Attorney Anderson noted that there were no required Public
Hearings at tonight's meeting, and noted that several weeks ago,
there was a separate section of the agenda for a required Public
Hearing.
Mayor Klausing concurred, and directed staff to include a Public
Hearing section at this point.
Councilmember Kough expressed frustration for items included
on the Consent Agenda that had not been previously reviewed by
the Council (i.e., maintenance agreement on County Road C).
Councilmember Schroeder recommended that staff reports return
to the format of having the motions included to assist
Councilmembers and bold font for Council clarification.
Mayor Klausing expressed his preference for the current
numbering system in ease of following the topics.
Councilmember Ihlan expressed her preference for the current
font; shared concerns about too many items included on the
Consent Agenda; more attempts by staff to screen Consent items
and anticipate Council and public questions; preference for a
Regular City Council Meeting - 02/09/04
Page 40
separate section for resolutions and ordinances; and liked the
separation of items (i.e., tonight's items #7 - 13), each
categorized as a separate item with bold font; and liked including
a suggested time frame; liked to know who had requested an
agenda item, and who would be presenting; and liked the overall
format; and had no opinion on whether or not the pictures were
included.
Mayor Klausing expressed his approval of the current font; liked
including a suggested time frame; wasn't concerned about the
pictures, conceding that while it was nice to put a face with a
name, when people arrived at the meeting, they could make that
connection; and noted that that the new format took more to print
due to the larger font and more space required on the website.
City Attorney Anderson had no legal comments on the agenda
format.
Councilmember Schroeder reiterated his concern about the
current numbering system, and his preference for Roman
Numerals or lettering.
Mayor Klausing acknowledged Councilmember Schroeder's
concern, and suggested staff review the numbering/lettering
system.
Councilmember Maschka noted that he experienced some
difficulty retrieving the information from e-mail for this meeting,
noting that the problem appeared to be the border being outside
the print area (using Adobe).
John Kysylyczyn, 3083 Victoria Street N
Mr. Kysylyczyn recommended an HTML format for the Web
TV, which he suggested may solve Councilmember Maschka's
printing problem as well.
Mr. Kysylyczyn addressed the Consent Agenda format used in
the legislature; and questioned where Summary Ordinances
would be listed on the Agenda.
Councilmember Maschka noted that the Council had determined
Regular City Council Meeting - 02/09/04
Page 41
a separate section would be included for Ordinances and
Resolutions.
Mr. Kysylyczyn commented and provided opinion on specific
portions of the revised agenda, including public comment and
Public Hearings; accommodate the public and their issues first,
rather than making them wait; and including photos on the
agenda.
Mayor Klausing thanked Mr. Kysylyczyn for his comments and
Councilmembers for their discussion and input; recommending
that staff incorporate those items into the agenda for continued
consideration and ease of use.
Non-Agenda Item, Volunteer Coordinator (Schroeder)
Councilmember Schroeder reviewed his notes on initiating a full-
time Volunteer Coordinator position, with its purpose to get
more volunteers involved in the community through centralized
coordination of needs and resources, allowing staff to free up
their time for other duties using their expertise and skills.
Council member Schroeder reviewed the Mission and Vision he
anticipated; recommended the position would not be a normal
workday position; requested that staff build on his outline and
return with possible additional duties that could be incorporated
into the position; and advise as to the feasibility of such a
position at the February 23, 2004 meeting.
Schroeder moved, Maschka seconded, directed staff to review
and expand comment and definition of Councilmember
Schroeder's notes related to addition of a full-time Volunteer
Coordinator position [and return to the March 15, 2004 Council
Study Session with comments and recommendations].
Councilmember Maschka noted that this topic had come up at
Saturday's Work Session as well, and spoke in support of
looking into such a position.
Mayor Klausing noted that, as part of the budget process in
considering addition a position, he would support the motion in
an effort to save money for the City in the long-run.
Regular City Council Meeting - 02/09/04
Page 42
City Manager Beets requested additional time for staff to provide
more detailed comment to the Council.
The makers of the motion concurred with extending the time to
the March 15,2004 Work Session.
Councilmember Kough noted the pilot program recently-enacted
program for community clean-up, with results available in April
of this year to make further determinations as to its success.
Roll Call
Ayes: Ihlan, Schroeder, Maschka, Kough and Klausing.
Nays: None.
Mayor Klausing expressed his appreciation to Councilmember
Schroeder for his initiative; reminding all Councilmembers that,
for future reference, they use the opportunity to provide prior
notice to include items on the agenda for consideration and
discussion purposes.
12.
Designate Council Meeting Start Time
Mayor Klausing noted that, while there was statutory
requirement to establish a meeting time, Council consensus
would indicate a preference to do so.
Klausing moved, Maschka seconded, designating the Council
meeting start time at 6:00 p.m.
Councilmember Kough requested staff to highlight start times if
a situation arose where there was a need to deviate from the 6:00
p.m. schedule, in an effort to avoid confusion.
Roll Call
Ayes: Ihlan, Schroeder, Maschka, Kough and Klausing.
Nays: None.
Designate Council
Meeting Start Time
Regular City Council Meeting - 02/09/04
Page 43
13. Adjournment
Maschka moved adjournment of the meeting at 10:19 p.m.
Adjournment
ATTEST:
ayor
"'%'211:,
, . f1 K
/{ flAP 1:' V~~
Neal J. Beets, Cit(Manager
Memorandum
}trv.J\' is w,5
To: Mayor and City Council
From: Council Member Greg Schroeder
Date: February 9, 2004
Subject: RoseviJIe Volunteer Coordinator/Program
The following is a draft of what 1 believe the Volunteer Coordinator Position and Program should be. 1 would
like to request staff to determine the.fJ2!.lfor this position and program; a~ issues; and any additional dutip:
and bring this item back to the Council at the February 23rd meeting for Council discussion and possible
authorization.
Vision of volunteer program:
To have an actively involved volunteer community help make our city a better place in which to live.
Mission of volunteer program:
To have a strong volunteer program that could aid staff in adequately providing the services and activities our
residents expect under any economic times.
Volunteer Coordinator Position - I envision this position as the following:
Full-time - With the duties I envision this position handling (stated below), I feel this could and should be full-
time. I feel we need a staff person to run this program to make it work, because volunteerism needs to be done on
a regular, year round basis. There needs to be someone in charge that can motivate volunteers on a regular basis.
By Council supporting a full-time staff position this would show our commitment to making this program work in
the manner it should be. It would also show a long-tenn support towards the person hired, as benefits are a vital
part of any job. I envision this not to be an 8-5 job. Tlus person would have to work irregular hours, so they Can
be actively involved in recruiting volunteers, working with the volunteers, and motivating volunteers any day and
any time.
Experience - I think work experience should weigh in at the same level as education. I feel there are many
qualified people out there without a fonnal post-secondary educational background that have committed their
lives to helping others and their work experience in leading the way or managing volunteer programs should
count just as much as aBA, MA or Ph.D . We need someone who will organize a volunteer program, it's
volunteers and keep these volunteers on a long-term basis by motivation and working with them hands~on. I can't
stress enough that this has to be a special person that is committed to "volunteers" not just managing a "program".
Duties and responsibilities - Right now I envision this person possibly doing the following (along with
volunteers helping with the process):
<) Setting up this program and managing it
<) Recruiting volunteers of any age and seeking out donations to help run the program successfully.
<) Working with staff to see what the needs of their departments are and what job opportunities volunteers
wou Id be allowed to help with.
e> Motivating volunteers and donors to make their commitment long-term.
.. Keeping residents, civic organizations, schools, churches, businesses, etc. informed of ways they can
volunteer or donate resources.
.. Working with volunteers and donors to see that they are paired with ajob that best meets their expertise or
interest.
Of 1
doc JIM f" ki'o,--
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE
CITY OF ROSEVILLE, MINNESOTA
HELD: February 9, 2004
Pursuant to due call and notice thereof, a regular or special meeting of the City Council
of the City of Roseville, Ramsey County, Minnesota, was duly held at the City Hall on February
9,2004, at _ o'clock .M. for the purpose in part of authorizing the competitive negotiated
sale of the $1,760,000 General Obligation Improvement Refunding Bonds, Series 2004A.
The following members were present:
and the following were absent:
introduced the following resolution and moved its adoption:
Member
RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $1,760,000
GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2004A
A. WHEREAS, the City Council of the City of Roseville, Minnesota (the
"City"), has heretofore determined that it is necessary and expedient to issue $1,760,000 General
Obligation Improvement Refunding Bonds, Series 2004A (the "Bonds") to refund the City's
outstanding $2,750,000 original principal amount of General Obligation Improvement Bonds,
Series 23, dated March 21,1997, which mature on and after March 1,2005; and
B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul,
Minnesota ("Springsted"), as its independent financial advisor and is therefore authorized to sell
these obligations by a competitive negotiated sale in accordance with Minnesota Statutes,
Section 475.60, Subdivision 2(9); and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Roseville,
Minnesota, as follows:
1. Authorization. The City Council hereby authorizes Springsted to solicit
proposals for the competitive negotiated sale of the Bonds.
2. Meeting; Proposal Opening. This City Council shall meet at the time and
place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of
considering sealed proposals for, and awarding the sale of, the Bonds. The Finance Director or
designee, shall open proposals at the time and place specified in such Terms of Proposal.
3. Terms of Proposal. The terms and conditions of the Bonds and the
negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and
hereby approved and made a part hereof.
4. Official Statement. In connection with the sale, the Finance Director and
other officers or employees of the City are hereby authorized to cooperate with Springsted and
participate in the preparation of an official statement for the Bonds, and to execute and deliver it
on behalf of the City upon its completion.
The motion for the adoption of the foregoing resolution was duly seconded by member
and, after full discussion thereof and upon a vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
Whereupon said resolution was declared duly passed and adopted.
1614955vl
2
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ROSEVILLE
I, the undersigned, being the duly qualified and acting Manager of the City ofRoseville,
Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of
minutes with the original thereof on file in my office, and that the same is a full, true and
complete transcript of the minutes of a meeting of the City Council duly called and held on the
date therein indicated, insofar as such minutes relate to the City's $1,760,000 General Obligation
Improvement Refunding Bonds, Series 2004A.
WITNESS my hand on February 9,2004.
City Manager
1614955vl
3
THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS
ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS:
TERMS OF PROPOSAL
$1,760,000*
CITY OF ROSEVILLE, MINNESOTA
GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2004A
(BOOK ENTRY ONLY)
Proposals for the Bonds will be received on Monday, March 8, 2004, until 10:00 A.M., Central
Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul,
Minnesota, after which time they will be opened and tabulated. Consideration for award of the
Bonds will be by the City Council at 6:00 P.M., Central Time, of the same day.
SUBMISSION OF PROPOSALS
Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted.
Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the
time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal
price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the
submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach
Springsted prior to the time of sale specified above. All bidders are advised that each Proposal
shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds
regardless of the manner in which the Proposal is submitted.
DETAILS OF THE BONDS
The Bonds will be dated April 1, 2004, as the date of original issue, and will bear interest
payable on March 1 and September 1 of each year, commencing September 1, 2004. Interest
will be computed on the basis of a 360-day year of twelve 30-day months.
The Bonds will mature March 1 in the years and amounts as follows:
2005 $205,000
2006 $205,000
2007 $210,000
2008 $215,000
2009 $225,000
2010 $225,000
2011 $235,000
2012 $240,000
The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal
amount of the Bonds offered for sale. Any such increase or reduction will be in a total amount not to exceed
unlimited and will be made in multiples of $5, 000 in any of the maturities. In the event the principal amount of the
Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be
increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is
increased or reduced.
Proposals for the Bonds may contain a maturity schedule providing for a combination of serial
bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption
and must conform to the maturity schedule set forth above at a price of par plus accrued interest
to the date of redemption. In order to designate term bonds, the proposal must specify "Years
of Term Maturities" in the spaces provided on the Proposal Form.
- 1 -
BOOK ENTRY SYSTEM
The Bonds will be issued by means of a book entry system with no physical distribution of
Bonds made to the public. The Bonds will be issued in fully registered form and one Bond,
representing the aggregate principal amount of the Bonds maturing in each year, will be
registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"),
New York, New York, which will act as securities depository of the Bonds. Individual purchases
of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single
maturity through book entries made on the books and records of DTC and its participants.
Principal and interest are payable by the registrar to DTC or its nominee as registered owner of
the Bonds. Transfer of principal and interest payments to participants of DTC will be the
responsibility of DTC; transfer of principal and interest payments to beneficial owners by
participants will be the responsibility of such participants and other nominees of beneficial
owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the
Bonds with DTC.
REGISTRAR
The City will name the registrar that shall be subject to applicable SEC regulations. The City will
pay for the services of the registrar.
OPTIONAL REDEMPTION
The Bonds will not be subject to payment in advance of their respective stated maturity dates.
SECURITY AND PURPOSE
The Bonds will be general obligations of the City for which the City will pledge its full faith and
credit and power to levy direct general ad valorem taxes. In addition the City will pledge special
assessments against benefited properties. The proceeds will be used to refund the March 1,
2005 through March 1, 2012 maturities of the City's General Obligation Improvement Bonds,
Series 23, dated March 21, 1997.
TYPE OF PROPOSALS
Proposals shall be for not less than $1,747,240 and accrued interest on the total principal
amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in
the form of a certified or cashier's check or a Financial Surety Bond in the amount of $17,600,
payable to the order of the City. If a check is used, it must accompany the proposal. If a
Financial Surety Bond is used, it must be from an insurance company licensed to issue such a
bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to
Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must
identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the
Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is
required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's
check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central
Time, on the next business day following the award. If such Deposit is not received by that
time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement.
The Deposit received from the purchaser, the amount of which will be deducted at settlement
and no interest will accrue to the purchaser, will be deposited by the City. In the event the
purchaser fails to comply with the accepted proposal, said amount will be retained by the City.
No proposal can be withdrawn or amended after the time set for receiving proposals unless the
meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to
- 11 -
another date without award of the Bonds having been made. Rates shall be in integral multiples
of 5/100 or 1/8 of 1 %. Rates must be in level or ascending order. Bonds of the same maturity
shall bear a single rate from the date of the Bonds to the date of maturity. No conditional
proposals will be accepted.
AWARD
The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true
interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in
accordance with customary practice, will be controlling.
The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of
matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals
without cause, and (iii) reject any proposal that the City determines to have failed to comply with
the terms herein.
BOND INSURANCE AT PURCHASER'S OPTION
If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment
therefor at the option of the underwriter, the purchase of any such insurance policy or the
issuance of any such commitment shall be at the sole option and expense of the purchaser of
the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of
insurance shall be paid by the purchaser, except that, if the City has requested and received a
rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating
agency fees shall be the responsibility of the purchaser.
Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the
purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on
the Bonds.
CUSIP NUMBERS
If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the
Bonds, but neither the failure to print such numbers on any Bond nor any error with respect
thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the
Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers
shall be paid by the purchaser.
SETTLEMENT
Within 40 days following the date of their award, the Bonds will be delivered without cost to the
purchaser through DTC in New York, New York. Delivery will be subject to receipt by the
purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of
Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no-
litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal,
or equivalent, funds that shall be received at the offices of the City or its designee not later than
12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has
been made impossible by action of the City, or its agents, the purchaser shall be liable to the
City for any loss suffered by the City by reason of the purchaser's non-compliance with said
terms for payment.
-lll-
CONTINUING DISCLOSURE
On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a
Continuing Disclosure Undertaking (the "Undertaking") whereunder the City will covenant for the
benefit of the owners of the Bonds to provide certain financial and other information about the
City and notices of certain occurrences to information repositories as specified in and required
by SEC Rule 15c2-12(b)(5).
OFFICIAL STATEMENT
The City has authorized the preparation of an Official Statement containing pertinent information
relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement
within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of
the Official Statement or for any additional information prior to sale, any prospective purchaser
is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place,
Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223-3000.
The Official Statement, when further supplemented by an addendum or addenda specifying the
maturity dates, principal amounts and interest rates of the Bonds, together with any other
information required by law, shall constitute a "Final Official Statement" of the City with respect
to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any
underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no
more than seven business days after the date of such award, it shall provide without cost to the
senior managing underwriter of the syndicate to which the Bonds are awarded 70 copies of the
Official Statement and the addendum or addenda described above. The City designates the
senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for
purposes of distributing copies of the Final Official Statement to each Participating Underwriter.
Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its
proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a
contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring
the receipt by each such Participating Underwriter of the Final Official Statement.
Dated February 9, 2004
BY ORDER OF THE CITY COUNCIL
/s/ Neal Beets
City Manager
- IV -