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HomeMy WebLinkAboutCC_Minutes_2005_0822 City of ~~~ City Council Meeting City Council Chambers, 2660 Civic Center Drive Minutes Monday, August 22,2005 Call Roll Call Roll Mayor Klausing called to order the Roseville City Council regular meeting at 6:00 p.m. and welcomed everyone. Roll Call (Voting and Seating Order) Councilmembers Ihlan; Schroeder; Kough; Maschka and Mayor Klausing. All were present. City Attorney Scott Anderson was also present. Approve Agenda Approve Agenda Mayor Klausing called for any comments or discussion on tonight's Agenda. Councilmember Ihlan requested removal of Consent Agenda Items 3.f, g, and h for discussion, respectively entitled, "Approve the Request of Monarch Bus Service, Incorporated, to Install a 4,000 Gallon above-ground Fuel Tank at 1743 County Road C (PF 3675);" "Approve United Properties' Final Planned Unit Development (PUD) for Midland Hills, 2001 Fulham Street (PF 3670);" and "Approve Dennis Guptil's Final PUD, 185 McCarrons Boulevard (PF 3575)." Councilmember Schroeder requested removal of Consent Agenda Item 3.e entitled, "Approve the Request of Meritex for an Interim Use Permit at 2258-2280 Walnut St. (PF 3659)." There were no other changes to the Amended Agenda. 1. Receive Public Comment about City Issues Public Comment Mayor Klausing called for public comment by members of the audience on any non-agenda items. / City Council Regular Meeting - 08/22/05 Minutes - Page 2 A. John Kysylyczyn, 3083 N. Victoria Street Mr. Kysylyczyn provided a bench handout with his personal historical analysis of City Levies for Tax- Supported Operations versus Inflation from 2000 through 2005 with additional detail provided as well. Mr. Kysylyczyn also reviewed recent budget increases from the City Police Department; encouraging the City Council to request evidentiary infonnation related to personnel needs to hold the department staff accountable. Mr. Kysylyczyn concluded his comments by alerting the City Council to a Pioneer Press article dated January 25, 2003 entitled, "Get help, probe neighborhoods before a long-distance move;" and assumptions regarding higher property taxes signifying better services. No one else appeared to speak. 3. Approve Minutes Approve Minutes 3.a Council Meeting of August 8, 2005 August 8, 2005 Kough moved, Maschka seconded, approval of the August 8, 2005 Council Meeting as presented. Roll Call Ayes: Ihlan; Schroeder; Kough; Maschka and Klausing. Nays: None. 3.b Council Meeting of August 15, 2005 August 15, 2005 Maschka moved, Kough seconded, approval of the August 15,2005 Council Meeting as presented. Roll Call Ayes: Ihlan; Kough; Maschka and Klausing. Nays: None. Abstentions: Schroeder. 3. Consider Consent Items Consent Items As previously noted, Consent Agenda Items 3.e, f, g and h were removed for discussion. City Council Regular Meeting - 08/22/05 Minutes - Page 3 There were no additional changes to the Consent Agenda. At the request of Mayor Klausing, City Manager Beets briefly reviewed those items being considered under the Consent Agenda. 3.a Approve Check Register Check Register Schroeder moved, Kough seconded, approval of the following claims and payments as presented. ACH Payments $476,844.07 40346-40590 461,598.02 Total $938,442.09 Roll Call Ayes: Ihlan; Schroeder; Kough; Maschka and Klausing. Nays: None. 3.b Approve ContractslPurchases in Excess of $5,000 Schroeder moved, Kough seconded, approval of general purchases and/or contracts for services as follows: Contracts & Purchases in Excess of $5,000 Vendor Itemillescription Amount Bergman Liquid Road for pathways at Langton $8,358.00 Companies Lake Kath Fuel Oil Extend Blanket Purchase Order for fuel 50,000.00 Upper Cut Tree Additional amount to remove diseased 45,000.00 Service trees Roseville Area Shared facility cost for Brimhall 16,787.26 Schools Elementarv Roll Call Ayes: Ihlan; Schroeder; Kough; Maschka and Klausing. Nays: None. 3.c Approve Business License Business License Schroeder moved, Kough seconded approval of the business license for W. J. Tobacco, 2805 Hamline Avenue, for cigarette/tobacco products for the period of one year beginning July 1,2005 and ending June 30, 2006. Roll Call Ayes: Ihlan; Schroeder; Kough; Maschka and Klausing. City Council Regular Meeting - 08/22/05 Minutes - Page 4 3.i 4. Nays: None. 3.d Approve a One-Day Gambling License for the Roseville Fire Department Auxiliary Schroeder moved, Kough seconded, approval of the Roseville Fire Department Auxiliary's request to conduct a raffle on October 2, 2005 at Roseville Fire Station #1, located at 2701 N Lexington Avenue. Roll Call Ayes: Ihlan; Schroeder; Kough; Maschka and Klausing. Nays: None. Award Bids for County Road B-2 Pathway Schroeder moved, Kough seconded, adoption of Resolution No. 10325 entitled, "Resolution Awarding Bids for County Road B-2 Pathway Improvements;" awarding bids for Project 05-03 in the amount of $1,078,712.13 to T. A. Schifsky & Sons, Inc. of North St. Paul, MN. Roll Call Ayes: Ihlan; Schroeder; Kough; Maschka and Klausing. Nays: None. Items Removed from Consent Agenda 4.a Approve the Request of Meritex for an Interim Use Permit at 2258-2280 Walnut (PF 3659) (former Consent Item 3.e) At the request of Mayor Klausing, City Manager Beets briefly reviewed this request. Councilmember Schroeder questioned the type of materials proposed for storage in the trailers, noting the poor condition of the parking lot; opining that a potential pollution site was being relocated from one site to another. Community Development Director Dennis Welsch One-Day Gambling License Roseville Fire Department Auxiliary Resolution 10325 Award Bids for County Road B-2 Pathway Items Removed from Consent Agenda Resolution 10326 Request of Meritex for Interim Use Permit at 2258- 2280 Walnut (PF 3659) City Council Regular Meeting - 08/22/05 Minutes - Page 5 responded to Councilmember Schroeder's concerns by noting that both the Fire and Police Departments had reviewed the request and had discussions with operators; and that the materials would primarily consist of office supplies, and both departments were satisfied that the proposed storage materials were not a hazard. Mr. Welsch also noted that staff was of the opinion that the site would be safer without installation of a fence, thus the exclusion of that condition. Councilmember Schroeder questioned proposed refueling and other operations on the site. Mr. Welsch advised that there would be no fueling on-site, and only storage of materials in the trailers. Councilmember Kough opined that storage of more trailers would see an increase in wooden pallets and other debris on the site; and questioned the intent of the owners for cleaning around and under the trailers to provide sufficient maintenance. Mr. Welsch noted that this was a responsibility of the tenant and owner, and that the owner had specified that they would use best management practices to keep the lot clean; and such practices would be monitored by the City's Code Enforcement staff; and was a standard condition applied to an interim use permit. Schroeder moved, Maschka seconded, adopted Resolution No. 10326 entitled, "A Resolution Approving an Interim Use Permit for Meritex Enterprises at 2258 to 2280 Walnut Street (PF 3659);" to allow storage of a maximum of 300 motor freight trailers on a parcel located east of Walnut Street at the approximate address referenced above; for a two-year period; based on the comments and conditions of the staff report dated August 22,2005. Roll Call Ayes: Ihlan; Schroeder; Kough; Maschka and Klausing. Nays: None. City Council Regular Meeting - 08/22/05 Minutes - Page 6 4.b Approve the Request of Monarch Bus Service, Incorporated, to Install a 4,000 Gallon Above-Ground Fuel Tank at 1743 County Road C (PF 3675) (former Consent Item 3.f) At the request of Mayor Klausing, Community Development Director Dennis Welsch briefly reviewed this request. Mr. Welsch noted that it was a matter of environmental safety to keep the tank above ground and within containment areas with safety barriers. Mr. Welsch further noted that, in the past, above-ground tanks have a much better history of spill and leak protection than underground tanks, and can be removed much easier. Councilmember Ihlan advised that she had significant questions, and suggested the Council may wish to postpone consideration ofthis request for a future meeting. Councilmember Ihlan's questions concerned: I) Whether sufficient public notice had been provided related to this request. Mr. Welsch advised that this type of request did not require a public hearing. 2) Whether this request was consistent with the City's Comprehensive Plan and Zoning for the Twin Lakes area, even though temporary, when the City was moving away from tanks in that area. Mr. Welsch advised that the zoning for this area is 1-2, Heavy Industrial District, and since the moratorium expired August 1, 2005, and similar storage has taken place on the site in the past, there was nothing to exclude such a use; and no control over the site except City Council approval or denial based on safety and security rationale. Mr. Welsch noted that the Fire Marshal had reviewed the request and the site, and recommended approval. Councilmember Ihlan referenced a portion of City Ordinance related to above-ground tanks. Mr. Welsch referred Councilmember to a paragraph in the code and staffs interpretation. 3) Councilmember Ihlan questioned what environmental review had been done on the site. Mr. Welsch noted that Monarch Bus Service 4,000 Gallon Above-Ground Fuel Tank 1743 Co Road C (PF 3675) City Council Regular Meeting - 08/22/05 Minutes - Page 7 the Pollution Control Agency (PCA) and State Fire Marshal, had reviewed a standard prototype system as reasonable and approved such a system in advance. Councilmember Ihlan questioned whether the PCA had approved this request. Mr. Welsch responded in the negative, noting that it was not a requirement. Councilmember Ihlan questioned whether underground tanks were allowable. Mr. Welsch advised that underground tanks were subject to an entirely different set of permits, determined by remediation situations from original in-ground tanks. Councilmember Ihlan expressed her concern regarding the applicant's need to only bring a permit before the City Council for consideration of above-ground tanks; opined that the tanks were located very close to two residential neighborhoods, in addition to a major shopping facility, and questioned the Council's allowance for such tanks without public notice and a more detailed evaluation of public safety concerns. Mr. Welsch noted that the Fire Marshal had reviewed the information and performed a site review, prior to his approval ofthe request. Further discussion included tank leakage above and underground and visibility and inspection advantages for above-ground tanks; risk factors; transport trucks delivering fuel to the site; Interim Use Permit application rather than City Council approval process; short and long- term plans for redevelopment ofthe area. Councilmember Kough expressed his concerns. Councilmember Maschka opined that he was much more comfortable with an above-ground tank under temporary permit, rather than a long-term or permanent underground tank. Mayor Klausing recognized Councilmember concerns, but City Council Regular Meeting - 08/22/05 Minutes - Page 8 spoke in favor of an above-ground storage tank for visual monitoring for leaks, and for future relocation and/or removal. Councilmember Ihlan reiterated her preference for not allowing any tank installation at all, given the environmental concerns, proximity to shopping and residential areas, and desire to clean up the Twin Lakes area. Further discussion ensued among Councilmembers and City Attorney Scott Anderson regarding type of permit used and Council discretion; consistent and necessary findings related to public health, safety and welfare for denial by the Council supported by documentation and previous case law; court determination of Council action and whether the Council acted arbitrarily or capriciously or if they had a legally sufficient reason to deny the application or permit and whether there were any facts in record to support the rationale. Councilmember Ihlan suggested the request be tabled until the next meeting, to document sufficient findings in the resolution. City Attorney Anderson noted that City Code needed to set a standard, and when the Council denied any type of permit or application, legitimate reasons needed to be stated for denial. Councilmember Kough expressed concerns regarding the permanence of the permit, and no recourse for the City if it was determined harmful to the area. City Attorney Anderson noted that the City's Nuisance Ordinance provisions would apply; as well as the regulatory scheme required by the Minnesota Pollution Control Agency (MPCA) and State Statute, due to the potential hazards of this type of storage facility, and monitoring by the State Fire Marshal. City Council Regular Meeting - 08/22/05 Minutes - Page 9 Mayor Klausing opined that an above-ground storage tank was more favorable than an underground tank. Bruce Dischinger, 2141 N Avon Street, Applicant Mr. Dischinger advised Councilmembers that due to timing, they had chosen an above-ground installation, rather than a more detailed underground installation. Mr. Dischinger also noted his awareness of the future plans for the area, and didn't view the location as permanent. Mr. Dischinger advised that the tanks would be small, would be for diesel fuel storage, not gasoline; and were very safe in terms of environmental concerns; and provided less liability with potential problems clearly visible. Mr. Dischinger advised that his compelling reason for this request was due to the northern suburb charter service and bussing his company provided, and his efforts to increase efficiencies and decrease costs in his operation through achieving competitive bidding for fuel supplies. Mr. Dischinger noted that Metro Mobility had similar storage tanks in the lot adjoining theirs; and reiterated his intent that he could relocate the tanks when redevelopment proceeded in the area. City Attorney Anderson, upon further review of City Code, advised that this type of permit was subject to annual review by the City Council; with provisions for the City to terminate the permit for cause; and that the permit was subject to automatic renewal, under code, for five years, with annual one-year extensions thereafter. Councilmember Maschka thanked Mr. Anderson for his clarification of Code; opining his support of the application given City Attorney Anderson's interpretation and additional information. Councilmember Schroeder opined that an above-ground storage tank was a better situation for the City than underground storage tanks. Maschka moved, Schroeder seconded, approval of the request by Monarch Bus Service to install a 4,000 gallon City Council Regular Meeting - 08/22/05 Minutes - Page 10 above-ground fuel tank at 1743 County Road C, subject to conditions as outlined in Staff Report dated August 22, 2005. Councilmember Ihlan advised that she would be voting against the motion due to no public notice to or comment from surrounding businesses and residents; allowing additional fuel storage in a mixed-use business park that she opined was inconsistent with the long-term plans for the Twin Lakes area; no environmental review; and speaking as a resident, further opined that it was not an appropriate use in a residential and major shopping center neighborhood. Councilmember Schroeder recognized Councilmember Ihlan's concerns, but opined that if this request wasn't approved, the chances for an underground tank were more prevalent; with this scenario allowing more Council control, and further noting the precedence of tanks on the adjoining lot. Councilmember Kough noted he would be voting against the motion, due to the permanency of the tanks, and his desired beautification of the area. Roll Call Ayes: Schroeder, Maschka and Klausing. Nays: Ihlan and Kough. Motion Adopted. 4.c Approve United Properties' Final Planned Unit Development (PUD) for Midland Hills, 2001 Fulham Street (PF 3670) (former Consent Item 3.g) [7.1] At the request of Mayor Klausing, City Manager Beets briefly reviewed this request. Councilmember Ihlan noted her concerns with this item, as well as the next item for final approval of a Planned Unit Development (PUD) being put under the Consent Agenda; opining that they were complex issues and required ample United Properties Final PUD Midland Hills 2001 Fulham Street City Council Regular Meeting - 08/22/05 Minutes - Page 11 time for discussion and review. Councilmember Ihlan noted the changes in land use from Concept to Final Plan, from type of home proposed, and zero lot line concepts, larger homes on smaller lots, and lack of further Planning Commission and public input related to the revisions from the Concept stage. City Manager Beets noted that staff had determined that six single-family homes was an improvement in terms of community perception, with same land and lot configuration, than the previous proposal. Mr. Beets noted that United Properties had worked consistently with the neighbors throughout the process, and with the proposed entrance off Fulham, there was less impact to the neighbors. Mayor Klausing concurred with staffs determination; and as a former Planning Commission member, opined that this was not a substantive change warranting further Planning Commission review; and the project had continued to receive extensive public input through neighborhood meetings. City Planner Thomas Paschke noted that staff determined that this was not substantially different from Concept to Final; and noted that the public had been noticed of this item being considered before the City Council at tonight's meeting. There was no one, other than the applicant, present at tonight's meeting wishing to speak related to this project. Councilmember Ihlan expressed her preference for the benefit of additional input from the Planning Commission process for the change from town home to single; and a determination as to its consistency. Ihlan moved, Kough seconded, tabling this item and sending it back to the Planning Commission for further input and recommendation. Councilmember Ihlan later City Council Regular Meeting - 08/22/05 Minutes - Page 12 revised the original motion, and Kough seconded the modification to postpone action and send the request back to the Planning Commission for their recommendation. Roll Call Ayes: Ihlan; Schroeder; Kough and Maschka. Nays: Klausing. Motion Adopted. Further discussion ensued regarding whether to provide public notice regarding the Planning Commission consideration of the request; with consensus of the City Council that additional public notice would not be required and was not intended as part of the motion. 4.d Approve Dennis Guptil's Final PUD, 185 McCarrons Boulevard (PF 3575) (former Consent Item 3.h) At the request of Mayor Klausing, City Planner Thomas Paschke briefly reviewed this request. Ihlan moved to postpone consideration of this request to a future meeting; opining she had several items for discussion that she could submit to staff in writing, related to a senior housing condominium complex; no site line plan; parking issues; and the Park Dedication fee; for all of which she would like additional information prior to voting on the matter. City Planner Paschke advised that, since preparation of the Staff Report, most of the items had been resolved: payment in lieu ofthe park dedication fee approved by the Parks and Recreation Commission at $1,000 per unit; parking lot lighting; the common practice for the proposal not to have a photometric plan at this time, but required to meet City code. Councilmember Ihlan provided additional detail to her objections for approval at this time of the request, without further information being provided, noting the sufficient time frame available for consideration and action. Ordinance 1325 Dennis Guptil Final PUD 185 McCarrons Bv (PF 3575) City Council Regular Meeting - 08/22/05 Minutes - Page 13 Councilmember Kough noted that, at the time of the Public Hearing, the neighborhood was supportive of the proposed development. Mr. Paschke advised that all concerns brought forward by the neighborhood have been addressed by the applicant; and information provided in the staff report was consistent with Concept Approval, including off-street parking. Mr. Paschke further noted that the public had been noticed regarding this meeting. Councilmembers Maschka, Schroeder and Kough concurred to move forward with the request as presented tonight. Mayor Klausing questioned the Council's role and authority and their expectations of staff; opining that the City Council didn't need to act as attorneys for contract approval. Mayor Klausing opined that, while the public input and process was important, the public input heard to- date and the request before the Council tonight for Final approval was consistent with the Concept Plan. Staff addressed additional concerns expressed by Councilmember Ihlan related to senior housing related to the McCarrons Master Plan and parking issues; noting those concerns were addressed in the conditions applied to approval. [9.1] Maschka moved, Kough seconded, approval of the Final Plat, creating five town home lots and one single condominium lot, and one non-buildable outlot. Roll Call [9.1] Ayes: Schroeder; Kough; Maschka and Klausing. Nays: None. Abstentions: Ihlan. [9.2] Maschka moved, Schroeder seconded, enacted Ordinance City Council Regular Meeting - 08/22/05 Minutes - Page 14 No. 1325 entitled, "An Ordinance Amending Title 10 of the City Code, Changing the Zoning Map Designation of Certain Real Property at 185 McCarrons Boulevard from R-1 Single-Family Residence District to Planned Unit Development with Underlying Zoning of R-6, Townhouse District and R-3, General Residence District (PF 3575)." Roll Call [9.2] Ayes: Schroeder; Kough; Maschka and Klausing. Nays: None. Abstentions: Ihlan. [9.3] Maschka moved, Kough seconded, approval of Final Development Plan (Planned Unit Development Agreement and Site Plan) Agreement No. 1325 and DRAFT PUD Agreement; subject to conditions stipulated within Section 8 of the Project report dated August 22, 2005; and subject to the review by the City Attorney as to form and content, and approval by the City Manager. Roll Call [9.3] Ayes: Schroeder; Kough; Maschka and Klausing. Nays: None. Abstentions: Ihlan. 5. Recognitions, Donations, Communications Recognitions, Donations, Communications 5.a Recognition of General Donations to Parks and General Donations Recreation Department Parks and Recreation Director Lonnie Brokke reviewed recent and various donations. Kough moved, Ihlan seconded, authorization to accept the following donations, and expressed the appreciation of the City Council and community. City Council Regular Meeting - 08/22/05 Minutes - Page 15 Donor Item Value North Suburban Evening Lions Cash for Scholarship Program $500.00 North Suburban Evening Lions Cash for Harriet Alexander 500.00 Nature Center Richard Jacobson Ad in Parkview School Drama 100.00 Program (spring) Robert and Carmen Bell Cash for walking bridge 200.00 replacement in Central Park Midway Speedskating Printing of OVAL Task Force 345.00 Reports Friends of Roseville Parks Microwave Oven at FORPARKS 298.00 (FORPARKS) Shelter Friends of Harriet Alexander Cash from Annual Fundraising 5,947.00 Nature Center (FORHANC) Dinner FORHANC Cash from Pancake Breakfast 567.00 FORHANC Cash 1,000.00 Barbara Lawry Cash for flowers along Lexington 1,000.00 Avenue Roll Call Ayes: Ihlan; Schroeder; Kough; Maschka and Klausing. Nays: None. 5.b Proclamation of National Alcohol and Drug Addiction Recovery Month City Manager Beets read a proposed proclamation designating September, 2005 as National Alcohol and Drug Addition Recovery Month in the City ofRoseville. Kough moved, Klausing seconded, designating September 2005 as National Alcohol and Drug Addiction Recovery Month. Roll Call Ayes: Ihlan; Schroeder; Kough; Maschka and Klausing. Nays: None. 6. Consider Todd Iliff's Request for a Minor Subdivision at 1822 Dale Court (PF 3655) Community Development Director Dennis Welsch reviewed the request, noting the unique shape of Parcel B and comer lot requirements. Mr. Welsch noted that while no proposal for a house was being made at this time, various designs had been provided to determine various designs that could be accommodated on the lot as discussed by the Planning Commission. Mr. Welsch noted the only concerns expressed by Proclamation of National Alcohol and Drug Addiction Recovery Month Resolution 10327 Todd Iliff Minor Subdivision 1822 Dale Court City Council Regular Meeting - 08/22/05 Minutes - Page 16 neighbors were whether the lot was actually buildable, and concerns that any fencing on the lot would interfere with site lines. Mr. Welsch noted the additional condition that a permit would be required for any fence, regardless of height, along with staff review of landscape plans at the time a building permit would be issued. Discussion included fence installation and whether prohibition of fence construction could be made a condition of the variance; the actual buildable area of the Lot; and the hardship definition being the unique shape of the lot and demonstration that a house could be built upon the lot with a variance, but not without. Todd Iliff, Applicant, Representing Chuck and Sue Lesky (in-laws) Mr. Iliff spoke in support of the request, noting that until recently, Mr. and Mrs. Lesky had lived on the adjoining property, and were looking to sell their home and hopefully, a buildable adjoining lot. Mr. Iliff advised that the applicant was not interested in building a home, even though they had an architect provide several design possibilities to assure the lot was buildable. Peter Zeller, 1773 Alameda Street, southwest of site Mr. Zeller questioned the visibility issue for residents accessing Dale Street. Mr. Zeller also questioned the location of the stakes on the proposed lot, alleging they were actually only 10' setbacks from Dale Street, rather than the necessary 25'; and appeared to be in line with an existing fence on the property, which may actually be in City right-of-way. Further discussion included the actual stake location and survey work done by a registered land surveyor; and the applicant opining that a clear line of visibility existed for cars looking onto Dale Street. Councilmember Kough spoke in support of the request, noting the unusual lot shape and right of the property owner to develop the property. City Council Regular Meeting - 08/22/05 Minutes - Page 17 [8.1] Kough moved, Schroeder seconded, adoption of Resolution No. 10327 entitled, "A Resolution Approving a Request by Todd Iliff, 1822 Dale Court, for a Variance to Section 1004.016 (Residential Lot Size Dimensions - Comer Yard Lot Size) of the Roseville City Code (PF 3655). Councilmember Ihlan spoke against the motion, opining that she could not determine that a hardship issue existed; that the property had been put to a reasonable use for a long time, and it wasn't a hardship that you couldn't subdivide your lot; and expressed concern about the visibility and safety for the neighborhood regarding the site lines, particularly during adverse weather conditions. Councilmember Schroeder spoke against the motion, opmmg that an exception didn't exist that created a hardship for granting a variance; and that the Council was being asked to create a small lot to erect a small house. Councilmember Kough cited a similar unique situation on Hamline and Woodhill and the favorable outcome and blending accomplished with the neighborhood; further opining that he didn't observe a safety factor. Mayor Klausing spoke in favor of the motion, as per Planning Commission recommendation for approval; opining that the hardship test had been adequately described and met as outlined in the staff report. Mayor Klausing noted that this accomplished a broader public policy consideration for a first-ring suburb that was substantially developed to provide renewal sources for the City in encouraging smaller and younger family units to remain in the City rather than locating further away. Councilmember Maschka noted that the unique shape of the lot allowed an opportunity to create a smaller home, and anticipated if it would be a marketable lot. Councilmember Maschka opined that the lot was close to minimum lot size, and spoke in support of the motion. City Council Regular Meeting - 08/22/05 Minutes - Page 18 Roll Call [8.1] Ayes: Kough; Maschka and Klausing. Nays: Ihlan and Schroeder. [8.2] Kough moved, Klausing seconded, approval of a minor subdivision (a three parcel Minor Subdivision, as per City Code, Section 1004.04E, creating one new parcel ("B") with a parcel size of 11,608 square feet; thereby reducing the size of existing Parcel "A" to 15,514 square feet, for property located at 1822 Dale Court; based on findings in Section 5 and subject to conditions of Section 6 of the project report dated August 22, 2005; including an additional condition: that a permit shall be required for any fence, regardless of height; and staff is to review landscape plans at the time of building permit issue. Roll Call [8.2] Ayes: Kough; Maschka and Klausing. Nays: Ihlan and Schroeder. 7. Hear a Presentation about Possible Eminent Domain Ordinances Councilmember Ihlan introduced Professor David Schultz of Hamline University to provide possible alternatives for a local eminent domain ordinance following the recent Supreme Court affirmation of local government use of eminent domain for purposes of economic development. David Schultz, Professor at Hamline University Graduate School of Public Administration and Management Professor Schultz provided a Bench Handout regarding the Kelo v. City of New London Supreme Court case and reviewed the Court's rationale in their decision; the significance of Kelo and public reaction to Kelo; as well as options available for the City Council's consideration. Discussion included validity of taking for public use, with just compensation; impact statements related to burden and benefit; discretion available to the City Council to be more restrictive or protective of private property than State Statute would dictate; appropriate public use in the community; and a mechanism to Possible Eminent Domain Ordinances City Council Regular Meeting - 08/22/05 Minutes - Page 19 establish policy for the current City Council and/or future Councils; whether current laws protected the public from abuses; and whether the Council could adopt an ordinance requiring a 4/5 vote to use eminent domain, with City Attorney Anderson dictating caution without further review by his office of super- majority and simple majority requirements, lacking Minnesota case law for support of a super majority stipulation. City Attorney Anderson opined that he was not in favor of constraining discretion, as the law had sufficient guidelines and procedures to detennine whether an issue was arbitrary; and the inability of the sitting Council to perceive all future issues, particularly when the City is redeveloping. Mayor Klausing thanked Professor Schultz for his attendance and comments. Recess Recess Mayor Klausing recessed the meeting at approximately 8:19 p.m. and reconvened at 8:29 p.m. 8. Presentation of Community Development Redevelopment Authority (BRA) Budgets and Housing Community Development & HRA Budgets Community Development Community Development Director Dennis Welsch Mr. Welsch distributed a bench handout providing refined budget proposals for specific Community Development Department budgets including, City and Project Planning; Economic Development and Housing; Building Permits and Codes; and Geographic Infonnation Systems. Mr. Welsch reviewed specific goals and objectives including encouraging community collaboration for economic growth, strengthening relationship with the business community, and working to achieve consensus on community planning projects with an annual case review of 80-100 cases; reorganization of staff positions to become more efficient; provision of staff support to the Planning Commission, Variance Board, HRA and City Council; pursue continued implementation for development of major projects including Twin Lakes, McCarrons City Council Regular Meeting - 08/22/05 Minutes - Page 20 Neighborhood Master Plan, Hamline Shopping Center, HRA Housing Plan, Presbyterian Homes, Mastell Trucking site, Rosedale and larger residential renovation projects; anticipated personnel increases at 3.0% COLA on wages and a 10% increase in health/dental premiums, as well as staffing position change to add a Planning Associate and eliminate the Department Assistant position. In the Building Permits and Codes division, Mr. Welsch reviewed goals and objectives to provide residents and contractors with prompt and responsive permit issuance and inspection services; informational assistance to residents; education and cooperation to significantly reduce land use violations in the community; and increase efficiencies of office/field operations and in-field data recording. Mr. Welsch noted the request for a new code officer position to be reimbursed by the HRA if additional rental licensing and housing maintenance programs were implemented. In the Geographic Information Systems division, Mr. Welsch addressed continued installation, and implementation of various software programs and databases and realignment of the staff position from GIS Coordinator to GIS Technician, with the loss of David Windle as a City employee, to reduce the role of GIS to provide technical support within the department. Mr. Welsch reviewed 2004/2005 achievements within each division; and noted that the department was always challenged to balance revenues with expenses, and to adjust fees accordingly. Mr. Welsch noted that the department was currently working with 2002-era fees, and would be reviewing those fees prior to the Council's annual consideration and adoption of a city-wide fee schedule for 2006. Discussion included fee structuring and compensatory itemization for larger projects; portion attributed to general levy for rental housing licensing and housing maintenance programs with the HRA serving as a revenue source upon program implementation; fair and reasonable costs recoverable through an up-to-date fee schedule; and the governance of development and building permit fees by State Statute, and justification required. City Council Regular Meeting - 08/22/05 Minutes - Page 21 BRA Executive Director Cathy Bennett (BRA Chair Bill Majerus was also present) Ms. Bennett noted that on August 16, 2005, the HRA had approved a resolution requesting a $288,985.00 HRA Tax Levy for 2005, Collectable in 2006, in accordance with State Statue 469.033. Ms. Bennett provided a summary of HRA goals and accomplishments in 2004/2005. Ms. Bennett reviewed both the restricted and non-restricted budget funds and proposed budgets for 2006. Ms. Bennett detailed proposed revenue purposes for the Home and Garden Fair; Multi-family rehabilitation programming; ownership rehabilitation programming; first-time buyer program; neighborhood enhancement program; marketing studies; and general HRA expenditures. Discussion included addition of a \12 time code enforcement employee through contracting for the service, or job-sharing partnership opportunities with other communities (i.e., City of Little Canada); cash balance projections for the year ending 2005; and proposed rental income. Ms. Bennett provided a bench handout summarizing what other communities were doing in the rental income code compliance and licensing areas. Discussion included the HRA levy as related to the General Levy; and City Council decision related to hiring a code enforcement position. 9. Council Discussion and Direction about Budget Targets Mayor Klausing sought Council comment related to City Manager Beets' August 22, 2005 memorandum related to budget direction related to City Manager recommendation options. Councilmember Kough opined that, due to the number of retirees in Roseville on fixed incomes, the Council needed to be conservative, particularly with rising energy costs. Councilmember Kough noted that departments were looking to Council Discussion and Direction about Budget Targets City Council Regular Meeting - 08/22/05 Minutes - Page 22 maintain services city-wide, while ensuring staff received adequate compensation. Councilmember Kough was looking at a levy increase of between 7% and 8%, holding service standards steady. Mayor Klausing expressed his appreciation to Councilmember Kough for his realistic observations; opining that while he was sensitive to those on fixed incomes, it needed to be balanced with the quality of life expectations of residents who were willing to pay for quality services. Mayor Klausing noted that the City was continuing to deal with decisions on a state level that impacted the City, in addition to the realities of increased city operating costs (i.e., rising fuel, vehicle and health care costs). Mayor Klausing opined his support of a levy increase closer to 9%, with phasing of requests by the Police Department. Councilmember Kough opined that a reasonable budget and service level could be maintained through use of reserves to keep taxes down, while running the city efficiently. Mayor Klausing noted the discussion was related to structural imbalances and regular operating expenses, not use of "rainy day" funds such as that recently used for additional costs of $45,000 for tree removal, being relied upon for general operating expenses, and cautioned the Council using that rationale. Councilmember Schroeder noted that he was in the process of preparing a more detailed outline of his recommendations that he would forward to staff and Councilmembers upon completion, opining that the Council needed to use the information provided for each specific department with their interpretation of where the City should be headed, in addition to input from residents in an effort to provide government services at a fair and reasonable cost. Councilmember Schroeder noted that some items were one-time costs (i.e., County Road C streetscape) and could be paid from tax reduction funds and allow the City to look at recurring budget items in determining a levy amount. Councilmember Schroeder was tentatively looking at a 3.69% levy increase, basically 4%, without stripping departments, through removing one-time expenses for 2006 (i.e., election, police record management, skating center capital improvements) City Council Regular Meeting - 08/22/05 Minutes - Page 23 from the 2006 budget for general operating funds, to allow incorporation of needed items (i.e., CSO's and addition of a traffic officer). Councilmember Maschka opined his support for an 8% to 9% preliminary levy increase, with anticipated reductions as the Council reduced items from that point. Councilmember Maschka opined that he didn't expect that the Police Department was going to receive all of their requests; and further opined his lack of support for the Fire Department requests. Mayor Klausing reminded Councilmembers of the Preliminary Levy on a "not to exceed" adoption on September 12, 2005, with further reductions sought over the next few months. Councilmember Kough noted his concerns with the ranking of the Police Department and implications while trying to provide incentives. Councilmember Ihlan noted the substantial levy increase for residents last year, with the referendum and increased property tax values; and opined that it would be difficult to justify another double-digit levy increase, when adding the HRA Levy. Councilmember Ihlan further opined that it was not necessarily reasonable to assume that because Roseville taxes are lower than other comparison communities, that it was good policy to raise them; noting that keeping taxes low was an important asset for the community. Councilmember Ihlan observed that the burden of property taxes fell to two segments of the population: the senior population on fixed incomes and young families who were being encouraged to remain and/or relocate to Roseville. Councilmember Ihlan discussed the impacts, both short and long-term, for the Twin Lakes development, increases in health insurance premiums, increased fuel and shared-dispatch center costs; and opined that the City needed to be extremely frugal and conservative this year by tapping into reserves with good management. Councilmember Ihlan spoke in support of bearing the employee portion of rising health costs; and opined her support of an inflationary-only levy increase to maintain existing services, with little or no expansion this year; and no more than a 3% to 5% overall levy increase (inclusive of the HRA Levy). City Council Regular Meeting - 08/22/05 Minutes - Page 24 Councilmember Ihlan noted that she was also preparing more detailed recommendations and budget targets, and would forward them to staff and the City Council when completed. Further discussion included rising medical costs; short and long- term funding; and the need to remain conservative in levying. Consensus was, in terms of setting a maximum levy, that the upper range would be 8% to 9% and making further reductions from that point. John Kysylyczyn, 3083 N Victoria Street Mr. Kysylyczyn again reviewed his historical companson of levies for tax-supported operations versus inflation; and reviewed previous budget book policy statements related to the Parks and Recreation Department becoming more self-sufficient; Police Department ranking history and rationale; and his personal preference for reducing City Manager salary amenities rather than cutting employees. Mr. Kysylyczyn cautioned the Council on "ball parking" estimates high for the Truth in Taxation Statements that would be the information going to residents for comment. 10. Consider Fire Training Officer and Fire Department Response to Accidents with Injuries Mayor Klausing spoke in support of employee initiative to find innovative ways to provide department efficiencies, as a challenge previously provided to employees from the City Council, and asked the City Council to consider the Fire Department proposal as an award for their innovative leadership. Mayor Klausing noted that the City couldn't continue to sustain double-digit levy increases annually, and needed to look at innovative approaches. Mayor Klausing endorsed the upcoming proposal as an appropriate initiative worthy of Council support. City Manager Beets reviewed his recommendation for authorizing a full-time Training ManagerlFirefighter/Daytime Shift Supervisor in the Fire Department and provided a spreadsheet detailing short and long-term cost savings. Mr. Beets opined that the position would improve the level of training in the department, and thus the quality of public safety Fire Training Officer & Fire Department Response to Accidents with Injuries City Council Regular Meeting - 08/22/05 Minutes - Page 25 service. Mr. Beets noted that one of the objectives of the department had been to reorganize how fire fighting was manned to provide better response times and service. Mr. Beets further noted that the position would provide more consistent, reliable fire protection during weekdays, during the daytime, which was the most vulnerable to fires and other emergencies; and should be budget-neutral while providing the improved service. Klausing moved, Ihlan seconded, approval of a full-time Firefighter/Shift Supervisor/Training Manager position. Mayor Klausing noted that he was not advocating for a full-time Fire Department. Councilmember Schroeder spoke in OpposItIOn to the motion; noted that during the last budget cycle, this issue had been brought forward and the Council had voted "no;" and opined that this was one step further toward a full-time department. City Manager Beets noted the need to provide training for firefighters now, and with inflationary assumptions detailed on the spreadsheet, long-term savings would be achieved. Councilmember Kough spoke in opposition to the motion; opining his comfort-level with current training personnel and options; noting that he couldn't support the proposal at this time under current budget conditions. Further discussion Kough included projected starting pay of approximately $62,000; shift duties and potential conflicts; and accuracy of projected cost-savings and assumptions. John Kysylyczyn 3083 N Victoria Street Mr. Kysylyczyn concurred with Councilmember Ihlan's observations regarding duties and weekend work of the position; noting that when the Fire Chief and Assistant Chief positions were hired, it was anticipated that they would provide shift supervision. Mr. Kysylyczyn noted that full-time Fire Department personnel were looking for two pensions: from the Public Employees Retirement Association (PERA) and from the Fire Relief Association, and would prove to be an additional City Council Regular Meeting - 08/22/05 Minutes - Page 26 liability for the City. Discussion included unfunded liabilities of the Relief Association annually; achieving goals and practical scheduling issues; and the timing of the request. Councilmember Maschka spoke in opposition to the motion, noting the increasing full-time employees in the department, while firefighter staff had been reduced over past years. Councilmember Maschka requested Finance Director Chris Miller to provide additional information to the Council related to the amount spent by the Department for EMS supplies, equipment, training, and supplies specifically used for technical rescues. Roll Call Ayes: Klausing. Nays: Ihlan, Schroeder, Kough and Maschka. Motion Failed. Klausing moved, Maschka seconded, approval to have the Fire Department respond to accidents with injuries; with the motion modified by the maker and seconder following Council discussion, to stipulate approval on a six-month trial basis, to be followed by Council review and further determination of continuing the service. Councilmember Kough spoke in opposition to the motion, based on the inability to transport; opining that the department wait until that approval was granted, potential donation of an ambulance, and then determine the feasibility. Councilmember Schroeder sought additional information related to the Police Department as first responder. City Manager Beets provided additional infonnation related to response protocol; dispatch center definition of responders; and the need for the Police Department to provide traffic control, preserve the integrity of the scene and obtain witness statements, rather than providing medical assistance. Mayor Klausing noted that this would provide better response; City Council Regular Meeting - 08/22/05 Minutes - Page 27 with the personnel already being available for utilization. Additional discussion included managing fire calls while responding to other emergencies; proposed use of Fire Department to respond to any vehicular accident with injury; and determination of a trial period to use the skills of current employees. Gale Pederson, 929 W Roselawn Ms. Pederson spoke in support of the motion that time was of the essence for accidents with injuries, and the Fire Department was equipped with 35 EMT's and minimal response time; and opined that the City needed to utilize the current staff available now. City Manager Beets noted that, due to coordination between the Fire and Police Departments, and Allina and the Dispatch Center, staff would keep the City Council and public apprised of when this service came on line, but noted that it would not be immediate; and clarified that the six month trial would be from initiation of service, not from today's decision. Councilmembers concurred. Councilmember Schroeder requested that staff provide additional information in their report as to the rationale for thirty-five EMT's, their training, and figure costs of training into that analysis. Roll Call Ayes: Ihlan; Schroeder; Kough; Maschka and Klausing. Nays: None. 11. Consider Draft Request for Proposals (RFP's) for Recycling Project Councilmember Schroeder expressed his concern regarding the magnitude of the draft RFP; specifically deviating from the Public Works, Environment and Transportation (PWET) Commission's recommendation for single-sort, and the RFP's inclusion of dual sort. Mayor Klausing opined, from his understanding of reviewing the Council tape, that it was Council consensus to put together other Draft RFP Recycling Project City Council Regular Meeting - 08/22/05 Minutes - Page 28 options to achieve the best price, whether single or dual sort. Councilmember Schroeder noted that, since 2002, collection material volume had remained stagnant. Councilmember Schroeder further noted that he had substantive questions, comments and proposed changes in the RFP document for Council review. Mayor Klausing requested a summary report from Recycling Coordinator Tim Pratt prior to Council discussion and comment. Recycling Coordinator Tim Pratt Mr. Pratt briefly commented on the draft RFP, from the understanding of previous Council direction to make the RFP detailed and weighted to reflect a ranking form to determine the set of criteria in proportion to community needs. Mr. Pratt stood for questions and comments at Council direction. Councilmember Schroeder proceeded to review his expanSIve list of questions, with Council and staff comment during that process and revisions proposed as noted: Page 4, Section 2.01, Contractor Selection Process/Schedule Councilmember Schroeder sought legal opinion from City Attorney Anderson regarding restrictions on "unauthorized contact with City staff, City Councilor Commission members." Mr. Pratt noted that this language was taken from the City of Maplewood specifications. City Attorney Anderson, noted that such language was standard during the RFP process with the intent to maintain consistency. Councilmember Schroeder suggested revised language in Section 2.01 deleting language so it reads: "For the sake of uniformity and consistency, all contact by prospective contractors and their agents about the City's RFP and procurement decision-making must only be made with the City's designated contact person, Tim Pratt. Prospective Contractors are encouraged to contact Mr. Pratt with questions or requests for more information." City Council Regular Meeting - 08/22/05 Minutes - Page 29 Page 5, Section 2.05 Councilmember Schroeder questioned staffs negotiation criteria from RFP to contract stage. City Attorney Anderson suggested language simplified to: "The City will negotiate the terms of the contract." Page 6, Section 3. Background and History Councilmember Schroeder questioned including "the City of Roseville is looking for a contractor with experience increasing participation in both curbside and multi-family recycling programs". Mayor Klausing said that since this sentence was in the background and history section he was not concerned. Page 12, Section 5, General Requirements for all Collections Councilmember Schroeder questioned the need for these specifications, when they were all commercial vehicle regulations specified by Minnesota Department of Transportation (MnDOT) requirements, and how the City would enforce or dictate such specifications. Councilmember Schroeder advocated making the RFP less detailed and complicated; and suggested deleting the entire 5.02 section regarding collection vehicle equipment requirements. Mr. Pratt noted that this was standard language. City Attorney Anderson noted that the RFP, at a mInImUm, should state that all vehicles must comply with all state and federal regulations. Mr. Pratt noted that 5.02, h) was not a federal or OSHA standard, but his office had fielded numerous complaints related to disposal of driver tobacco ashes. Mayor Klausing, with Council consensus, directed staff to reference OSHA requirements, and include language regarding tobacco receptacles. Page 13, Section 5.03, Pollution Reduction Councilmember Schroeder noted that the goals of this section were good, but that they were MPCA requirements and were not City Council Regular Meeting - 08/22/05 Minutes - Page 30 enforceable at a city level, thus should not be included in the RFP requirements. Councilmember Ihlan opined that, given the overall purpose of recycling programs protecting the environment, this was a valid point of comparison between contractors, and she supported asking them to give us the requested information. Mr. Pratt noted that the MPCA suggested including this language in the RFP for enforcement purposes. Page 13, Section 5.04, Personnel Requirements Councilmember Schroeder questioned the type of two-way communication device referenced. Mr. Pratt advised that the language was suggested by Waste Management in the last RFP process to be broad enough to cover various communication devices. Section 5.04, b) Councilmember Schroeder questioned how the City would evaluate those requirements. City Attorney Anderson noted that sometimes RFP's were inclusive of items allowing potential future invocation of the liquidated damage or termination clauses, for failing to live up to performance standards. Mr. Anderson further noted that, while not necessarily enforceable, if the City were not getting the service they desired from the contractor, it added additional weight for termination cause. Page 13, Section 5.04, e) Discussion included how to ensure safety and consideration, with City Attorney Anderson recommending the language remain to provide prospective bidders due notice of the City's expectations. Page 14, Section 5.05, Recycling Containers Councilmember Schroeder questioned how the City planned to manage the containers, and how it could be a requirement of the RFP for enforcement purposes. City Council Regular Meeting - 08/22/05 Minutes - Page 31 City Attorney Anderson recommended leaving the language in to provide monitoring and obligations under a contract, as with other provisions to provide the City additional leverage. Mr. Anderson noted that the specific items were standard language for RFP's and contracts to provide notice to a contractor of City expectations and standards. Further discussion included ownership, maintenance and repair of recycling containers, impacts to cost comparisons, and single- sort or dual-sort provisions. City Attorney Anderson recommended an additional clause at the end of Section 5.05 addressing provisions for all containers, whether single or dual sort, and addressing multi-family recycling as well. Page 15, Section 5.05, Curbside Single Stream Mr. Pratt clarified that the City anticipates there may be cart providers, and language should say, "The City maintains the right to use its own designated company to provide carts, cart maintenance and repair service." City Attorney Anderson suggested that due to depreciating the carts, the two items should be differentiated; and another stand alone paragraph be added to encourage bidders to utilize options. Page 16, Section 5.06, Collection, Curbside Dual Sort Councilmember Schroeder suggested additional qualifications to define how to apply for free walk-up services. Mr. Pratt reviewed historical problems creating the need for this section to allow only City staff to make that determination. City Attorney Anderson recommended that the clause referencing Section 4.37 should be moved immediately following the "Free walk-up service.. .." provision both in the curbside dual sort section, and the curbside single stream section. Typographical correction in line 1 of Curbside Single Stream, first paragraph, delete "by" or "at." City Council Regular Meeting - 08/22/05 Minutes - Page 32 Page 17, Section 5.07, City Retains Right to Specify Resident Preparation Instructions Mr. Pratt noted that, in the past, there had been conflicts between the two sets of instructions and that the City would therefore prepare instructions. Page 19, Section 5.13, Non-Completion of Collection and Extension of Collection Hours Councilmember Schroeder suggested simplification of language for the last two sentences, then remove, "first designated alternate of..." Page 19, Section 5.14, Severe Weather. Councilmember Schroeder questioned the realistic logistics of this provision. Following discussion, it was Council consensus to delete the portion dealing with the contractor's responsibilities. P. 21, Section 5.20, Damage to Property Mr. Pratt noted the number of problems in the past related to the contractor providing timely repair or replacement, particularly in multi-family units. City Attorney Anderson recommended, with Council concurrence, deleting "Except for reasonable wear and tear,..." from the language, but noted the remaining language was adequate. Page 21, Section 5.21, Municipal Facilities Councilmember Schroeder questioned the language of "dual stream cart" service to City facilities. City Attorney Anderson recommended, with Council concurrence, removing that language. Page 22, Section 5.22, Purchase of Bins, Lids and Wheel Kits Councilmember Schroeder questioned the rate of reimbursement and rationale for the contractor to pick up used containers. City Council Regular Meeting - 08/22/05 Minutes - Page 33 Mr. Pratt noted that the purpose of this provIsIOn was to eliminate any leftovers from storage. City Attorney Anderson noted the intent of Mr. Pratt to encourage the contractor to find a market for used equipment and to remove it. Page 23, Section 6.03, Marketing Agreements Councilmember Schroeder questioned why the City was concerned with the contractor's marketing agreements if he was certifying the materials were marketable. Councilmember Schroeder noted that Sections 7.01 and 7.06 on page 25 dealt with the same thing. Mr. Pratt noted that this was in reference to the revenue-sharing portion of the contract. City Attorney Anderson noted that this provided additional enforcement, referencing paragraph 7, to make certification and copies of the contracts required. Councilmember Schroeder noted another typographical error on the last paragraph of page 23, "meeting." Page 29, Section 8.04, Revenue Sharing Councilmember Schroeder suggesting tying that paragraph closer to Section 6.03 (Marketing Agreements). City Attorney Anderson noted that Section 6 dealt with annual reporting, and the format of the RFP was better served with Section 6 as a separate section, rather than including it in this area related to Payment and Damages. When questioned where the revenue sharing funds would be applied, Mr. Pratt advised that this would be a future Council discussion for their determination and direction. Council consensus was to include Revenue Sharing discussion on a future Study Session agenda. City Council Regular Meeting - 08/22/05 Minutes - Page 34 Page 31, Section 8.05, Liquidated Damages City Attorney Anderson spoke in support of defining as many liquidated damages as possible for the City's benefit in putting prospective contractors on notice ofthe City's expectations. Mr. Pratt addressed numerous issues related to missed walk up collections and the frustration of residents when this occurred; and the need to entice drivers to perform their duties. Mr. Pratt also noted the potential for designing a program to effectively meet the City's needs (i.e., tonnage collected versus collection points). Section 8.05, d), Throwing or Dropping Containers Councilmember Schroeder questioned how to enforce this section; and cautioned that residents may use this to make a contractor look bad. Page 32, i) It was Council consensus to remove item i) "Failure to maintain vehicle in manner which prevents nuisances such as leaky seals or hydraulics." Page 37, Section 9.07, Governing Law Councilmember Schroeder questioned whether the contractor should have a clause allowing him to terminate the contract. City Attorney Anderson questioned if the City wanted such a clause with the potential for no service provider. Page 41, Section 9.22, Contract Conditions After discussion of the provisions in a), b) and c), and comment by City Attorney Anderson, it was determined that this section would remain as worded, allowing the City to draft the contract, not the contractor. Staff was directed to implement those discussed revisions into the draft RFP. City Council Regular Meeting - 08/22/05 Minutes - Page 35 Jennefer Klennert, Public Sector Manager, Waste Management Ms. Klennert provided a written statement from Waste Management dated August 22, 2005, outlining the firm's concerns that they may be unable to meet the specifications of the draft RFP. Ms. Klennert requested Council reconsideration of their proposed RFP. John Kysylyczyn, 3083 N Victoria Street Mr. Kysylyczyn made suggestions to various sections ofthe draft RFP. Council took note of the comment regarding Section 5.07, with staff determining that there was a typographical error in the last line of the section, and it should be "4.03," rather than "4.02." Mr. Kysylyczyn took issue with the City requesting free recycling services, opining that it was not correct budgeting practice nor did it allow proper accountability of various departments, particularly the golf course since it operated as an Enterprise Fund. Mr. Kysylyczyn noted the cost of the RFP process; and opined the length of the meeting was indicative of poor agenda management. Additional Council discussion included provisions of page 44, Section 10.06, Curbside Dual Stream Bi-Weekly Collection Proposal Scenario; including, revenue sharing and lower costs with Councilmember Ihlan suggesting language rephrasing to provide for information on how processing is accomplished, without detailed processing information and residual rates, in an effort not to arbitrarily rule people out while still allowing the Council to compare different packages. Councilmember Schroeder concurred. Staff was directed to make the recommended revisions before issuing the RFP and that staff provide a revised RFP to Councilmembers. No formal action taken. City Council Regular Meeting - 08/22/05 Minutes - Page 36 12. Adjourn The meeting was adjourned at 11 :55 p.m. Adjourn ,/tJ yor ATTEST: HAMLINE UNIVERSITY Graduate School ol Puhlic Administration and Management Roseville Eminent Domain Talk on Ke/o v. City of New London August 22, 2005 David Schultz, Professor hamiine University 651.523.2858 dschultz(a1hamline.edu I. Introduction A. What is eminent domain? I. 5" Amendment stipulation a. Public use b. Just compensation B. Public use doctrine I. Must fmd a public use 2. Public use primary over incidental private benefit 3. What are traditional public uses B. Oy of New London Basic facts I. Taking of private house for parking lot to support new facility for Pfizer Pharmaceutical 2. Comp plan and hearings in place 3. Challenged as not a valid public use Central legal qnestion: Is the taking of private property from one individual and transferring it to another for the pnrposes of economic development a valid public use? Supreme Court says yes. Permitted under 5" Amendment Reasoning: I. Long held that economic development is valid public use 2. No bright line rule 3. Role of comprehensive plan and hearings II. Keto v. A. C. D. III. Ke/o's Significance A. Ok to economic development B. Board judicial deference but not surren(ier C. Role of comp plan D. State and local governments canbe more restrictive IV. Reaction to Keto A. The government can take my house!! ! ! V. Options A. Do nothing and rely upon wisdom of local officials B. Bright line at economic development or private homes C. Eminent domain impact statement 1. Factors to assess 2. Who bares burden and benefits 3. Impact on those whose property is taken 4. Impact on neighborhood D. Redefme public use I. Declare what is a valid public use and when VI. Conclusions MS-A1740 - 1536 Hewitt Avenue, Saint Paul, MN 55104-1284 651-523-2284 - 651-523-3098 fax - gradprog@hamline.edll - www.hamline.edll/gpam ilJinneso!a ;i' FinI <<ff#,-j 7hulition Since ._u"' I ,I I I ~' 1,1: I ~1\ 1 1\1 I ~ I;;:: i ~ 'CJ V . ( "1\ I I I I ,!,", ..~ I '\ I + I I .~' i 'I I J~ - =; :.:.. .. 0' s,: : ',::::; ~,~ . I:: t.i l~ f) . :.- ~,j ; , ,. I I 11 5 IJ ~~ .~ '''' 't ;;:; I . I I 1\ I, r- I ~ ~ . ." t"l. ~ ~ . 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H ~:u,: L!) ,=. i "';:,1: ,. ( ~~ Subsequent Budget Actions Subsequent to the Council adopting a Preliminary 2005 Budget and Tax Levy in September, a number of budget action items were enacted or realized as n~w information became available. These items as it pertains to the property tax levy are shown below. Tax Levy adopted on 9/13/04 Less savings from revised health care estimates Less savings from the elimination of Skidsteer loader Less savings from the elimination of Council goal-setting Less savings from the eliminationofNLC Conferences Plus the addition of a snowplow attachment Revised Tax Levy $ 10,761,015 (30,000) (35,000) (S~OOO) (4,050) 3.000 $ 10,689,965 As shown above, the revised 2005 Property Tax Levy would be $10,689,965, a reduction of $71,050. The revised levy represents a 9.5 % increase over 2004. Final Budget Considerations Over the past few weeks, Staff has continued to evaluate proposed spending plans in an effort to finalize a Budget that; reflects the City's current financial challengcs, addresses the core needs of the community, and is sustainable. As such, Staff is proposing that the Police FTE-equivalent ~ivilian position scheduled to be eliminated on 6130105, be accomplished by; reducing the culrrent complement of Community Service Officers from four (4) to two (2), and to eliminate funding for the Police Cadet position which has been less effective in recent years. This would b, il~llieu of eliminating one of the two data technician positions discussed by the City Manager du ng budget review sessions. The transition to a new records management system in the Polic Department has been slowed by technological glitches with the new software, making it Wllikdy that the new records system will come on line in 2005. The elimination of two eso's and tllC cadet position initead of the data technician posjtion will create the same budget savings without sscrificing public safety. ; . - . - :. . Staff is also reaffirming its support to eliminate the City's contribution to the I35W Coalition. A letter recently received from the I35W Coalition requests that tile City contribute $9,000 in 2005' (At one point, the City contributed as much as $33,000). However, Staff favors a more targeted effort when a need is identified. In addition, in light of the recent inspections of the chiller wilt at the Oval, Staff recommends that $30,000 be redirected from the Park Improvement l'mgram (PlP} to the Skating Center to provide for the re-inspection of the chiller unit at the endoflhcskating season, or for other unforeseen repairs and replacements. The Total budget j;:H' the rat!:.s & Recreation function would not change. Finally, the Council is reminded that the 2005 Budget reflects ~e 3'd consecutive year of cuts to programs and services. . What little discretionary spendin that had been aVailable, was eliminated in previous years. In order to achieve structural udget balance for 2005, staffing reductions are necessary. Further sustainable budget cuts will require additional staffing reductions. ~ It /07 _~i 2003 City Council Meeting Agenda Items Addressing 2004 Budget Issues April 7'h council meeting, item VIlLA: State Aid Reductions, Potential Impacts and Possible Solutions April 14th council meeting, item IILA: Early Retirement Plan June 2nd council meeting, item IX.D: City's Contribution to the Fire Relief Association Pension Fund Junc 9th council meeting, item IILA: Public Safety in the 21't Century; and item IV.A: Mayor's 2004 Budget Targets June 16th council meeting, item IV.B: Mayor's 2004 Budget Targets July 21 Sl council meeting, item II1.B: 2004 Budget Targets and Scheduling Council and Public Review Sessions; and item IX.A: Consider Motorcycles in the Roseville Police Department July 28th council meeting, item IILA: Council and Community Budget Review Session August 4th council meeting, item IILA: Budget Presentation and Discussion regarding Public Safety Programs (Police and Fire Departments) August II th council meeting, item III.A: Budget Presentation regarding the following Programs: Administration, City Council, Finance, Roseville Visitors Association (RV A), Community Development Department a~1 ,the Housing R~development Authority (HRA) August 18th council meeting, item IILA: 2004 Budget Presentation regarding Parks and Recreation and Public Works Programs September 15th council meeting, item IX.A: Consider Approving a Tentative, Not-to- Exceed 2004 Tax Levy for the Roseville Housing and Redevelopment Authority (HRA); and item IX.B: Consider Establishing a Motorcycle Patrol in the Police Department September 29th council meeting, item IX.A: Consider Establishing a Motorcycle Patrol in the Police Department October 13th council meeting, item IX.B: Review of Council members' Budget Submissions November 17'h council meeting, item IILB: Review of the Finance Dircctor's 2004 Budget Memo, and City Council Budget Discussion; and item VLC: Public Hearing- 2004 City Budget :>ME SMART MOVES ,"';ATliHll,\Y, ,1,\NI~AI\l :..;;") , :":(1(1:1 SJ Get help, probe neighborhoods before a long-distance move Acaptain in the U.S. Navy was stat10neu in South Korea near the Dl'militarized Zone when he received orders that he would be tran,ferred to a new and unfamiliar arca back in the United Stall". It I'd] to his wife to seek Ollt the right m'igh- Imrhood and home in thl' new area_ I )ngged research helped' the woman make the hpsl choic- es for her f'amil:v or riVl'. High among he!' priol'HiL's ._____CUll_~':~_lIlst \Va::; finding <l high Sdlool with a - - ---- first-rate baml. This was impol'- agent. Among other sites. YOll tanl. for her eldest son. a senior might visit that of tht' Employee and an accomJllislll'd trumpt't Helocation Council w\ovw.cl'l'. player. She was abo t'oncerl1l'd org. about the edueation of hel' tW(~ . Don't Make the a.sump- younger suns. tion t.hat high property taxes She arranged hour-long con~ mean hetter services. assurnpw vcrsatiom; with several high lion could be flawed, says Dr. school mUS1C dlrcelIJI'S, as well Larry DeBoer, un ceonomist and as principals at schools her chil- property tax expert at Purdue (h'en might. aU end. This helped Univen~ity. narrow her choices in he!' pur" High tax rates on residential suit of thp right community. property could simply mean Also cl'ntJ'a1 to her quest \vas that the overall tax hase is the partnership sht' l'stahlishl'(} shrinking due to a decline in with ht'l' real estate agent, who Iota] husinesses. ~pn(~l'at.ed reams of statistics to . Use the Internet to help he!' ('OIllIHII'L' OIl<.' neighhor- probe for cl'im-e information. hood with another. You can pick up statistieal infor- Th~' family' _ was indel'd mat~m Oll j:.Timc by calling or vlua~ed veith .its ult,imall' hous- . . l . ing ,l'hoil'l~. They chose a solid. 20-yeal' ,old. Colonial-st\'le home with a huge yard in an (-'SlaU- Iished neighborhood with tI'Pt'- lined stl'eets. Best of all, the house was located just two miles from a high :-Icl1001 \vlwre the trumpet...playing son could develop his talf'nls. MilitaJ'Y"T'l'lat.t::'{1 1'e!()c;\ti()lls I'emain common, h1l1 on'rilll long-distance t'mploynll'1l1 moves have dropped ahollt I () percl~nt in the wake of Sept. 11. BeH-tightl'ning by employers during difficult l'conomic times is thl' principal n'lIS01l. sa.vs W. lWUCl' Walli!), af! l'Xl'clltivc with Cendant Mobility, a major l'l'Io- catioll compan~'. Still.lIJ(lIl,\' Jll'{J pie continue to Illake long-dis- tance IlHlVl'S to kl~t:p their juk; OJ' find Ill'W OtH'S_ I-len' .In' sug- g,-;~l,ions for tllO;':\" n::10l'<111ng 1(1 <Ill unfamiliar an';!: . Work with a real estate agent with special expcrtise in lonl-!;-disUuH'l' mow's. The Intel' nd C<ill help YOll find su('h illl " ELLEN JAMES MARTIN viHiting neighborhood police ;.;taUons. Another option is to check Wcil site, offering public safety ratings on communities. Onl' such source is "The !{e!oeation Crime Lab," which can hI.' I"OWH} at WWw.hOIlldair.col11.This free sel'vice provides relative rank- ings Oil publie safety for thou- sands of communttieR in the U.S, and ('anada. . Compare communities from an investment standpoint. Before zeroing in on a pmticu- lar home, those new to an area s!HJuld clevi..'lop all ovel'view of the investment potential of sev~ l'l"al neighborhoods, says Hitch ie, the Re/Max I'eloeation spl'eialist. Obtain a history of appreciation patterns for one ndghllol'hood vs. anot.her. YOUI' agent should he able to gl'neratl' such an analysis, help- ing you make a prudent choice from an investment standpoint. Wallin, of Cendant Mobility, 1't~commends you phone your new boss to ask for guidance on neighhorhood selection. ",1/1'11 .Ia!li('s Morrin is a !lotion- 1111.1/ slllldic(ffer! Clilllll/ni....i. Q '! j \ \ t W'l'vGt, rt"P0\.Q.,tn,JJ <2J:;X~ 10 s WASTE MANAGEMENT 10050 N3ples St. NE Blaine, ldN 55449 (952) 890-1100 (763) 783-5477 F" August 22, 2005 Honorable Mayor & City Council Members 2660 Civic Center Drive Roseville, MN 551 13 RE: Proposed Draft Request for Proposals (RFP) for Recycling Project Dear Honorable Mayor & City Council Members: Waste Management is the current recycling vendor for the City of Roseville. Waste Management through an acquisition has been the City's recycling provider since 1987. We like to believe that we have been a part of the success behind the City or Roseville's recycling program. We have reviewed the proposed draft RFP for Comprehensive Recycling Service. UnfOliunately after 18 years of being involved with recycling in Roseville we are deeply concerned that we will not be allowed to continue to be a part of the program. Waste Management as the world's largest recycler cannot meet the specifications of your drall RFP_ Let me explain why we will not be able to meet your specifications: Recycled Contents Products Page I I Section 4.3 5. Recycled Contents Products are defined as "Products or goods, including roadbed or other aggregate products that are openly marketing and have positive value. Recycled content products do not include use of any commodity as landfill cover." Waste Management uses umecoverable glass as an alternative daily cover at its landfills. We believe that alternative daily landfill cover does meet the definition of a Recycled content product and should not specifically be excluded. Daily cover for landfills (which includes virgin soil, sawdust, and reusable tarps) must be purchased by landfills if not readily available and does have a positive value. In fact the State of Milmesota recognizes alternative daily cover as an acceptable reuse and allows material uscd that way to be considered recycled. Marketing Agreements Page 23 Section 6.03. The drafi RFP stipulates that the contractor shall provide copies of cunent marketing agreements and/or contracts for all materials, for Primary and Secondary markets for each commodity within thiliy days of execution of a contract. As A Division of Waste Management of MN Ine. @ such agreements, change, expire or are re-negotiated, current copies of all agreements shall be provided to the City." Waste Management feels that our agreements with our vendors for sale of recyclable materials are confidential and vital to our recycling business. We negotiate agreements for all material received not just the City of Roseville's so our pricing is based on those quantities. We also do not feel that the Marketing Agreements are even necessary information to the City of Roseville. Thc RFP goes onto state that revenue sharing shonld be based on published indexes rather than actual sale amount. Marketing agreements are not applicable to this contract. Revenue Sharing Page 29 Section 8.04. Revenue sharing requires use of published indexed versus actual sale price. Waste Management patiicipates in what is called hedging to guarantee both a stable price and a stable market. We do not always get the published rate, but we are guaranteed a market for our materials. We do not feel that published indexes are valid to revenue sharing. Revenue sharing should be based on what the facility actually gets for the material not a published rate. Processing Facilities Page 25 Section 7.01. The section on materials processing specifies that "The Contractor shall dispose of no more than 5% of material (by weight) as process residnals as part of recyclable materials processing operations." Waste Management's processing facility processes approximately 14,000 tons of recyclable materials each month. The recycling comes from programs that at'e source separated, dual stream, and single stream, multi- family programs, commercial businesses, and source separated commercial fibers. We have done extensive studies of our facility and have determined that we currently operate at approximately a 6 percent residual for the whole plant. This is the satl1e plant that has been processing Roseville's recycling since 2001. Curbside Dual Stream Collection Scenario Page 44 Seetion 10.06. If Contractors propose under dual stream scenario, they should assume materials would be both collected and processed in a dual streatl1mode....It is not acceptable to propose to collect materials in a dual stream mode and then process them in a single stream mode. The City's current program is a dual stream program. Paper products are sorted across Waste Management's Single SortSM line and rigids are sOlied on our rigid only line. The draft RFP as it stands states that this method is unacceptable to the city. This indicates that our current progratTI has been unacceptable to the City of Roseville. That is not the feedback that we have received previously from the City Council. Waste Management is currently providing recycle service to 71 contracts in the Twin Cities area. All of the material that Waste Management collects is processed through our recycling facility. These communities are satisfied with the efficient, safe recycle program that Waste Management provides. We have invested over $10 million in making our processing facility the most state-of-the art facility in the State of Minnesota. Roseville is the first community that Waste Management currently services to write our facility out of their RFP. We respectfully request that thc City Council not issue the existing draft RFP for Residential Recycling Service and send it back to statT for revision. Thank you for your time. Sincerely, /. ('\1 . (.\\1_1'\" \ Jennefer Klennert Public Sector Manager Waste Management Phone (763) 783-5429