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Home My WebLink AboutCC_Minutes_2007_0423 City of ~~~ Regular City Council Meeting Minutes City Hall Council Chambers, 2660 Civic Center Drive Monday, April 23, 2007 1. Call Roll Mayor Klausing reconvened and called to order the Roseville City Council regular meeting at approximately 6:20 p.m. and welcomed everyone. Summary Report of Closed Executive Session At the request of Mayor Klausing, City Attorney Scott Anderson provided a summary of the Closed Executive Session held by the City Council immedi- ately prior to the regular business meeting. Mr. Anderson advised that, in accordance with the Open Meeting Law, and under Minnesota Statute, Section 13D.05, Subd. 3.(b), closure was author- ized under the attorney/client privilege. Mr. Anderson noted that, upon mo- tion and unanimous vote of the Council (4/0), the special meeting was closed and the Council convened in a Closed Executive Session at 5:45 p.m. for an update from City Attorney Scott Anderson regarding litigation with Axel's Charhouse and their alcohol violation appeal; and Twin Lakes litigation and meetings taking place with plaintiffs. 1. Roll Call (Voting and Seating Order for April: Ihlan; Kough; Roe; Pust and Klausing.) Mayor Klausing advised Councilmembers and the audience that Council- member Kough was out ill; and on behalf of the community, City Council and staff, wished him well and a speedy return. City Attorney Scott Anderson was also present. 2. Approve Agenda Staff requested removal, at the request of the applicant, of Consent Agenda Item 7.c entitled, "Preliminary Approval and Set Hearing - Preliminary Ap- proval and Set a Public Hearing to Provide Conduit Financing for Centennial East Apartments." Regular City Council Meeting Minutes Monday, April 23, 2007 Page 2 Councilmember Ihlan requested removal of Consent Agenda Items 7.e and 7.f respectively entitled, "Quit Claim Deed - Approve a Quit Claim Deed Transferring Land back to Nature View of Roseville Town Home Associa- tion;" and "Designation of Local Government Unit (LGU) - Designate the City of Roseville as the LGU for the Northwestern College Environmental Assessment Worksheet." 3. Public Comment Mayor Klausing called for public comment by members of the audience on any non-agenda items. a. John Kysylyczyn, 3083 N Victoria Street Mr. Kysylyczyn provided a Bench Handout, entitled, "Bids for En- hancement Project at County Road C and Lexington;" a "Chronol- ogy;" and several photos and diagrams related to the City Hall campus and curved sign versus straight sign differences in viewing angles; and referenced a report from the early 1990's by RLK Architects and a Master Plan prepared for the campus. Mr. Kysylyczyn opined that, prior to expending $50,000 of taxpayer monies for a $50,000 monument sign for the City Hall campus, that they review those previous documents. Mr. Kysylyczyn questioned the location of several sculptures previ- ously donated to the City by Rosedale Center; and suggested the Council consider a curved monument sign for more visibility and a larger viewing area, rather than a straight sign. 4. Council Communications, Reports and Announcements a. Mayor Klausing noted the death of Mr. George Reiling on April 1, 2007; recognized his many years of participation in the community; and on behalf of the community, staff and City Council, expressed condolences to the Reiling family. b. Mayor Klausing thanked the volunteers involved in the Earth Day Celebration over the weekend for a successful event. Regular City Council Meeting Minutes Monday, April 23, 2007 Page 3 c. Mayor Klausing noted the number of participants and spectators in- volved in this past weekend's annual ice show, and thanked volun- teers, staff and participants for another spectacular event. d. Mayor Klausing noted the annual Rosefest Parade and related activi- ties scheduled for June; and encouraged interested volunteers to con- tact Assistant Parks & Recreation Director Jill Anfang at 651-792- 7102 for additional information or to sign up to help plan and organize the parade. e. Councilmembers Roe and Pust reminded citizens of Roseville's Clean Up Day this Saturday, April 28, 2007 from 8:00 a.m. to 2:00 p.m. and encouraged everyone's participation. 5. Recognitions, Donations, Communications a. Proclamation - Proclamation of April 27, 2007 as Roseville Arbor Day Mayor Klausing summarized a proclamation declaring April 27, 2007 as Arbor Day in the City of Roseville. Roe moved, Pust seconded, adoption of the proclamation declaring April 27, 2007 as Arbor Day in the City of Roseville. Roll Call Ayes: Ihlan; Roe; Pust and Klausing. Nays: None. 6. Approve Minutes a. Regular Meeting of April 9, 2007 Pust moved, Ihlan seconded, approval of the minutes of the April 9, 2007 regular meeting as presented. Roll Call Ayes: Ihlan; Roe; Pust and Klausing. Nays: None. b. Study Session of April 16, 2007 Pust moved, Ihlan seconded, approval of the minutes of the April 16, 2007 Study Session as amended. Regular City Council Meeting Minutes Monday, April 23, 2007 Page 4 Corrections: Page 3, Council Communications, Reports and Announcements, Item f (Pust): Correct to read that Councilmember Ihlan, rather than Pust, noted that the Harriet Alexander Nature Center would be celebrating Earth Day... Page 15, Item 5.3, "Mold at Fire Station #1 - Discussion of Alter- natives for Addressing the Mold at Fire Station #1," Public Com- ment - Eric Hjelle...(Roe) Last paragraph following Mr. Hjelle's comments, correct to read: "Chief Gasaway concurred that the City needed to look at the Fire Stations [holistically] hist€lriOlallj'," Page 18, Item 5.g, 4th paragraph, "County Road C Streetscape- Discussion of County Road C Streetscape Design Elements," (Roe) Correct to read: "Discussion ensued, with Council consensus for using "City Hall," for the signage, and "Sign 3" the apparent preferred de- sign; stipulating that utilizing a higher contrast between the back- ground and lettering was imperative [,along with incorporating stone from the streetscape to the pedestal]; and Ms, Bloom noting,.." Roll Call Ayes: Ihlan; Roe; Pust and Klausing. Nays: None. 7. Consider Consent Items There were no additional changes to the Consent Agenda other than those previously noted. At the request of Mayor Klausing, City Manager Bill Malinen briefly reviewed those items being considered under the Consent Agenda. a. Check Register - Approve Check Register Klausing moved, Roe seconded, approval of the following claims and payments as presented. Regular City Council Meeting Minutes Monday, April 23, 2007 Page 5 ACH Payments $158,048.45 47141-47270 109,739.10 Total $267,787.65 Roll Call Ayes: Ih1an; Roe; Pust and Klausing. Nays: None. b. Over $5,000 Report - Approve Over $5,000 Contracts/Purchases Klausing moved, Roe seconded, approval of general purchases and/or contracts as follows: Vendor Item/Description Amount Americana Fireworks Fourth of July Fireworks display (with approxi- $10,500 matelv $4,500 covered throuQh donation) Roll Call Ayes: Ihlan; Roe; Pust and Klausing. Nays: None. d. Resolution - Adopt a Resolution of Support for Central Commu- nity Housing Trust's application to the Minnesota Housing Fi- nance Agency for the rehabilitation of the HarMar Apartments Klausing moved, Roe seconded, adoption of Resolution No. 10493 entitled, "Resolution in Support for Central Community Housing Trust Application for Minnesota Housing Finance Agency Funds in 2007 for the Rehabilitation of HarMar Apartments." Roll Call Ayes: Ihlan; Roe; Pust and Klausing. Nays: None. 8. Consider Items Removed from Consent a. Preliminary Approval and Set Hearing - Preliminary Approval and Set a Public Hearing to Provide Conduit Financing for Cen- tennial East Apartments (former Consent Item 7.c) Finance Director Chris Miller provided a brief summary of the staff report dated April 23, 2007 regarding this request for the City to serve as conduit debtor for the issuance of tax-exempt bonds for the benefit Regular City Couucil Meeting Minutes Monday, April 23, 2007 Page 6 of this housing facility. Mr. Miller noted that the applicant wished to address the City Council with additional information. The applicant, Mr. Terry McMillis, noted that he represented his part- ner Mike Swenson and their development partnership entitled, Gar- dens East Limited Partnership. Mr. McMillis advised Councilmem- bers that their adoption of the proposed ordinance, as prepared by the City's Bond Counsel, Briggs and Morgan, would allow the partner- ship to seek sound financing for the proposed project, and require a definite commitment by their partnership of $50,000 to secure the purchase agreement for the property prior to the Public Hearing being held. Mr. McMillis asked that the City Council address any potential misgivings they may have prior to that financial commitment, and ex- pressed his willingness to address any questions or concerns of the City Council at this time. Mr. McMillis advised that the property had been constructed in 1966, and currently provided an affordable housing option in the City of Roseville, housing retired and/or young working people. Mr. McMil- lis opined that the property represented a decent, safe housing option, but advised that it needed updating and that the developers anticipated expending $980,000 total in renovations, at approximately $10,000 per unit. Councilmember Ihlan questioned the intent of the developer and guar- antee to the City that the project would remain affordable housing, if the City were to grant issuing revenue bonds. Mr. McMillis advised that the federal government housing and tax policy required strict land use restrictions for bond financing, and ad- herence to affordable housing based on 30% of a tenant's income; with additional documentation provided by the City's Bond Counsel and the developer prior to actual issuance, and requiring City Council approval. Mr. McMillis noted that the land use stays with the land and would survive any sale of the property, and that under Internal Revenue Service (IRS) code, if the developer sold the property before 15 years, they would have to post a bond, and provided built-in safe- guards. Regular City Council Meeting Minutes Monday, April 23, 2007 Page 7 Councilmember Pust, speaking on behalf of the City's Housing and Redevelopment Authority (HRA), expressed pleasure that the devel- oper was considering the project, and noted that neither she nor the HRA had any concerns about the project or bond issuance. Councilmember Roe opined that he was looking forward to consider- ing the project. Mayor Klausing noted that he had looked at the language of the pro- posed resolution and observed that the City had done similar conduit financing previously; and spoke in support of the objectives the de- veloper was trying to achieve. Councilmember Ihlan opined that she had no problem scheduling the hearing; but was reluctant, without additional documentation, to give preliminary approval, but expressed her interest in reviewing the pro- ject. Pust moved, Roe seconded, establishing a Public Hearing for May 21, 2007, purpose of issuing approximately $6 Million in tax-exempt revenue bonds, for Centennial East Limited Partnership; and giving preliminary approval to the project, and authorizing an application for bonding authority, and authorizing the preparation of necessary documents and materials (Centennial Gardens East Project). Roll Call NOTE: Refer to Council action by resolution later in the meeting (follows 10.j). Ayes: Ihlan; Roe; Pust and Klausing. Nays: None. b. Quit Claim Deed - Approve a Quit Claim Deed Transferring Land back to Nature View of Roseville Town Home Association (former Consent Item 7.e) Community Development Director John Stark summarized the staff report dated April 23, 2007 regarding the request to re-record COlTec- tive documents deeding the common area at Nature View of Roseville to the homeowner's association. Mr. Stark noted that this was an in- Regular City Council Meeting Minutes Monday, April 23, 2007 Page 8 advertent error in the legal description, dedicating Outlot "A" to the City of Roseville, rather than the association, within the Warranty Deed recorded at Ramsey County during 2006. Councilmember Ihlan sought clarification, and Mr. Stark confirmed, that the designated wetland area would remain park land dedicated to the City. Councilmember Pust clarified, and Mr. Stark confirmed, that Lot 8 was not buildable, as it was too close to the wetland and provided no street frontage. Roe moved, Ihlan seconded, authorization for the City Manager to sign the Quit Claim Deed allowing the transfer of the "common area," identified as Lot 8, Block 1, Nature View of Roseville, to the rightful entity, the town home association; with said Quit Claim Deed to be recorded at Ramsey County at the developer's expense. Roll Call Ayes: Ihlan; Roe; Pust and Klausing. Nays: None. c. Designation of Local Government Unit (LGU) - Designate the City of Roseville as the LGU for the Northwestern College Envi- ronmental Assessment Worksheet (former Consent Item 7.t) Community Development Director John Stark summarized the staff report dated April 23, 2007, accepting designation as the Responsible Governmental Unit (RGU) for the Northwestern College Environ- mental Assessment Worksheet (EA W); and directing staff to take steps required of an RGU, as stipulated by the Environmental Quality Board (EQB), for reviewing the document and forwarding it to the EQB and other state agencies for their review and comment. City Attorney Anderson briefly outlined the complicated rationale used by the EQB in determining the RGU when a project crosses ju- risdictions, such as this one shared with the City of Arden Hills. Mr. Anderson noted that part of their rationale would have involved de- termining that the City of Roseville held the majority of permitting re- Regular City Council Meeting Minutes Monday, April 23, 2007 Page 9 sponsibilities, thus their designation of Roseville rather than Arden Hills. Discussion included the role the City of Arden Hills would play in proposed development; the City of Roseville Planning Commission's role in requesting EA W as part of the requested amended Planned Unit Development (PUD) for Northwestern College; the purpose of the EA W as a scoping document, to hold a Public Hearing and make findings to make a negative or positive declaration to determine whether an Environmental Impact Statement (EIS) is necessary; and whether the City's Community Development Department would be reimbursed for staff time by the developer as part of their reimburs- able costs. Mayor Klausing opined that the EA W won't recognize political boundaries, but general impacts to contiguous properties; and may also provide the City with some authority as the reviewing entity by providing greater control over environmental impacts of the PUD. Councilmember Ihlan opined that she wasn't prepared to vote on ac- cepting the designation without contacting the City of Arden Hills and obtaining additional information. City Attorney Anderson, when questioned regarding time constraints, clarified that time constraints for the EA W review period would only commence upon publication of the EA W, allowing response time for agency review. Mr. Stark opined that, since the City's Planning Commission had re- quested the EA W, staff had assumed there would be City Council support for the EA W process. Councilmember Pust opined that, with a project of this size and its po- tential impacts, she was supportive of an EA W; and was willing to ac- cept the RGU role and designation.. Councilmember Pust noted that, since the City of Roseville was most impacted by access points, traffic concerns and other impacts, the City should retain their designation as the RGD. Regular City Council Meeting Minutes Monday, April 23, 2007 Page 10 Councilmember Ihlan opined that, once additional information was provided, she would most likely be in agreement with the City accept- ing the designation. City Attorney Anderson suggested that the City Council adopt a reso- lution of support, concurring with the City's Planning Commission. Pust moved, Roe seconded, requesting Northwestern College to pre- pare and submit an Environmental Assessment Worksheet pertaining to their request for an Amended Planned Unit Development, PF 07- 002." Roll Call Ayes: Ihlan; Roe; Pust and Klausing. Nays: None. Mayor Klausing asked staff to research and provide additional infor- mation in accordance with tonight's discussion, and return to the next Council meeting for consideration of acceptance of the designation of the City of Roseville as the Responsible Governmental Unit (RGU) for the Northwestern College EA Wand direct staff to take steps re- quired of an RGU. 9. Public Hearings a. Public Hearing - Public Hearing and Consideration of Modifica- tions to the Variance Board Appeals Process Community Development Director John Stark reviewed the staff re- port dated April 23, 2007 seeking amendment to City Code related to hearing appeals of Variance Board and/or Administrative rulings as follows: Amend Chapter 1014.04(C)(2) of the City Code to read: "The written appeai shall state the specific grounds upon which the appeal is made, GRall iRSlwS8 B rEl€t13Bst fer 8 89 88~' 8JdsRSisR fer sffisia[ Git~. B8Rsissrati8R @f tRB 8ri~iFlal Bf3f3lisatisFl, and shall be accompanied by a fee established by resolution of the City Council. A hearing [public meeting] regarding the matter shall be held before the Board of Adjustment and Appeal at its next [a] reguiar meeting [held within thirty (30) days of the receipt of the required written appea~. consistent with tho notico requirements ans ether preGes~ros contained in Chaptor 108 of tRis Cese. [A mailed notice of the public meeting at which the appeal is to be considered shall be sent to members of the Variance Board (if applicable) and to all of those property owners within three hun- Regular City Council Meeting Minutes Monday, April 23, 2007 Page 11 dred and fifty feet (350') of the subject property as well as the owner and tenants (if any) of the subject property.]" Amend Chapter 1014.04(C) of City Code to add subparagraph (3) stating: "[The Board of Adjustments and Appeals will reconsider only the evidence that had previously been considered as part of the formal action that is the subject of the appeal. New or additional information from the appeals ap- plicant may be considered by the Board of Adjustments and Appeals at its sole discretion, if that information serves to clarify information previously considered by the Variance Board and/or staff.]" Note: Mr. Stark noted that the proposed amendment to Chapter 1014.04(C)(2) indicated by a "double strike-out" was proposed following additional dis- cussion with and research by the City Attorney. Discussion included rationale for the proposed language amendments; legal rights of land use applicants being upheld even with the amended language, but making the appeal process less burdensome for the City; and the ability of the City to retain flexibility regarding hearing additional evidence. Mayor Klausing opened and closed the Public Hearing at 7: 15 p.m. with no one appearing for or against. Roe moved, Pust seconded, enactment of Ordinance No. 1347 entitled "Amending Chapter 1014.04 (C) (2) and Chapter 1014.04 (C) relating to Variance Board Appeals Process" as detailed in the staff report dated April 23, 2007; and amended as previously indicated to read as follows: Amend Chapter 1014.04(C)(2) of the City Code to read: "The written appeal shall state the specific grounds upon which the appeal is made and shall be accompanied by a fee established by resolution of the City Council. A public meeting regarding the matter shall be held before the Board of Adjustment and Appeal at a regular meeting held within thirty (30) days of the re- ceipt of the required written appeal. A mailed notice of the public meeting at which the appeal is to be considered shall be sent to members of the Variance Board (if applicable) and to all of those property owners within three hundred and fifty feet (350') of the subject property as well as the owner and tenants (if any) of the subject property." Amend Chapter 1014.04(C) of City Code to add subparagraph (3) stating: "The Board of Adjustments and Appeals will reconsider only the evidence that had previously been considered as part of the formal action that is the subject of the appeal. New or additional information from the appeals applicant may be considered by the Board of Adjustments and Appeals at its sole discretion, if that information serves to clarify information previously considered by the Variance Board and/or staff." Regular City Council Meeting Minutes Monday, April 23, 2007 Page 12 Roll Call Ayes: Ihlan; Roe; Pust and Klausing. Nays: None. b. Public Hearing - Public Hearing and Consideration of the Annual Placement of the Water-ski Slalom Course and Water-ski Jump on Lake Owasso Mayor Klausing noted that three e-mails had been received, and dur- ing the Public Comment portion of the meeting read them into the re- cord. City of Roseville Police Captain Rick Mathwig summarized the staff report dated April 23, 2007, and Lake Owasso Safe Boating Associa- tion's request for placement of a water ski course and jump on Lake Owasso in the same locations as in past years. Captain Mathwig ad- vised that published notice of tonight's Public Hearing, as well as mailed notice to residents of Lake Owasso, as included in the staff re- port. Mayor Klausing sought counsel from City Attorney Anderson on what authority the City Council had to authorize the water ski course and jump and what factors the City could consider related to such au- thorization. City Attorney Anderson advised that Minnesota Statute Chapter 462 outlined the regulating authority of the City Council; but noted that when no set standard was apparent, the Council would consider whether the request was consistent or inconsistent with the general public health, safety and welfare of its citizens. Steve Youngquist, 391 S Owasso Boulevard, and representing the Lake Owasso Safe Boating Association was present to provide a his- tory of the annual request and the application process through the Cit- ies of Roseville and Shoreview; and the oversight of the Ramsey County Sheriffs Department Water Patrol. Regular City Couucil Meeting Minutes Monday, April 23, 2007 Page 13 Steve Gallop, 435 Walnut Lane Mr. Gallop noted that, up until approximately 10 years ago, the annual application was a Consent Agenda item, but at that time it became a Public Hearing item. Mr. Gallop noted that the Ramsey County Sher- iff was the governing body, and simply sought comment and input from the Cities of Roseville and Shoreview prior to their issuance of the annual pelmit to the Lake Owasso Safe Boating Association. Mr. Gallop advised that the City of Shoreview consistently approved the application by Consent Agenda, and had advised the Association that, unless they heard otherwise, to assume their application was ap- proved. Councilmember Pust sought information as to the actual use of the ski Jump. Mr. Gallop responded that usage was determined by the weather, con- gestive boat traffic on the lake itself, and interest from other parties residing as lakeshore residents, or accessing Lake Owasso from off- site. Councilmember Pust asked the accuracy of people stating that the ski jump "was never used" and further inquired how individuals seek permission to use the jump. Mr. Gallop opined that this would be inaccurate depending on the above-referenced considerations, conditions, and inquiries to the Sher- iff's Office or the Safe Boating Association via word-of-mouth for use from those not residing at the lake, but having sufficient safety equipment to utilize the jump. Councilmember Pust questioned why the current location had been chosen for the ski jump. Mr. Gallop advised that there was less wind at that site, that it covered a large rock pile in the lake, and that fonner residents living adjacent to that location had been jumpers and had no objection to sighting the jump there. Councilmember Pust questioned whether the Association would be amenable to moving the ski jump to a different location. Regular City Council Meeting Minutes Monday, April 23, 2007 Page 14 Mr. Gallop advised that moving the jump would prove problematic, as that was the only portion of the lake where the anchors would hold for the jump, rather than pulling out of the soft base of the lake. Councilmember Roe questioned if the Ramsey County Sheriffs De- partment provided an inspection of the ski jump, or as part of their ul- timate permitting, required that they be present during use of the Jump. Mr. Gallop advised that the Sheriffs Department wasn't present dur- ing use of the ski jump; however, they did inspect the jump for safety considerations, and noted that special requirements for placement and provisions were in place on both applications. Councilmember Roe questioned the type oflicensure; with Mr. Gallop responding that the permitting was similar to that of a dive platform, a structure anchored overnight. Councilmember Roe questioned if any reported incidents were on file, or if the Sheriffs Department had expressed any concerns regarding the location of the ski jump; or if the Association had been asked to change or review anything prior to Ramsey County granting the an- nual pennit. Mr. Gallop noted that there were no incidents he was aware of; that the people using the jump had no issue with its location; and that there were considerations regarding hours of operation; ceasing operation with other boat traffic in the vicinity due to wakes caused by those boats and safety concerns for jumpers. Mr. Y ounquist, at the request of Councilmembers Roe and Pust, dis- played a map of the lake and the location of the ski jump and water course, as well as location of buoys; direction of the course and jumps; and any voiced objections from property owners along the point regarding location of the jump and course. Mr. Gallop responded that the Association was aware of no objections Regular City Council Meeting Minutes Monday, April 23, 2007 Page 15 from those residents; and noted that several of them had begun use of the jump. Mr. Youngquist noted that the shade created by the ski jump attracted fish, and fishermen; served as a natural speed control; and emphasized that safety was the number one concern with the Association, with no record of accidents on Lake Owasso. Councilmember Roe requested, and Mr. Gallop provided, a brief syn- opsis of the Lake Owasso Safe Boaters Association, formed as a club for the purposes of obtaining the $1 million liability insurance as re- quired by the Sheriffs Department. Dick Lee, 585 Heinel Drive (SE Shore of lake) Mr. Lee introduced himself as an active boater and resident since 1992, and opined that during that time, he nor his friends and neighbors on the lake, had ever seen the jump used, and spoke in op- position to the pennit. Mr. Lee further opined that the ski jump was an eyesore on the lake; and from a fishing standpoint, covering up the rock pile was detrimental to accessing fish surrounding the rock pile. Mr. Lee provided several examples when he'd felt threatened by wa- ter skiers coming inside the jump and land, creating a dangerous situa- tion, in addition to those skiing the ski course and creating wakes and endangering other users. Mr. Lee opined that the ski jump was inap- propriate in a public, mixed use lake. Mayor Klausing sought counsel from City Attorney Anderson regard- ing whether the ski jump and course were non-conforming uses, as suggested by an e-mail received from a resident. City Attorney Anderson responded that the City Code had no regula- tions regarding use on a public body of water; and noted that Ramsey County may have regulations. Mayor Klausing addressed another e-mail concern regarding use of herbicides in the lake, and potential to kill off marine plant life. Mayor Klausing asked staff to report back to the City Council regard- ing who the regulating authority would be and what, if any authority the City would have in that matter. Regular City Council Meeting Minutes Monday, April 23, 2007 Page 16 Mr. Lee opined that it was his understanding that excess herbicides were being dumped in the lake, but that the Department of Natural Resources (DNR) had enforced reduction in the volume this year. Joe Held, 3094 W Owasso Mr. Held spoke in support of the jump and course, noting that he'd just discovered it last year, and intended to make much more use of it this year. Councilmembers Pust and Roe questioned how the jumpers deter- mined "off times" on the lake and precautions for alerting other users of the lake (i.e., fishermen) of their intent to jump. Mr. Held advised that off-times were dependent upon weather, time of day and day of the week (i.e., weekday versus weekend with heavier boat traffic); and advised that when others were using the lake, they were given the right-of-way, since the water became rough and was not conducive to their use at that time. Larry Moy, 2920 W Owasso Boulevard Mr. Moy spoke in opposition to the ski jump and water course, due to the amount of traffic on the lake. Mr. Moy noted that the amount of traffic on that part of the lake impeded his personal access to the lake by boat. Mr. Moy opined that water skiing started as early as 7:05 a.m. on a Saturday, and those with smaller boats had a hard time re- taining normality due to the amount of very fast and repetitive ski boat traffic. Mr. Moy advised that he'd lived on the lake for six years, and was concerned with the increasing amount of traffic on the lake, mak- ing it difficult for trolling for fish in this natural habitat area; and asked that the City Council deny the ski jump. Mayor Klausing recognized the increasing intensity of use on the lake, from his historical perspective and observations; and questioned Mr. Moy if he thought it was related to the ski jump and/or slalom course, or just water skiers in general. Regular City Council Meeting Minutes Monday, April 23, 2007 Page 17 Mr. Moy responded by opining that he'd never seen the jump used ei- ther; but further opined that the existence on the lake of the jump and slalom course only encouraged excessive boat traffic. Councilmember Pust clarified that Mr. Moy's concerns were with wa- ter skiers, not the jump itself. Mr. Moy responded affirmatively. Catherine M. Vanous, 2924 W Owasso Boulevard Ms. Vanous, a resident since 1983, responded to a previous question about the current location of the ski jump and slalom course and whether there was any option for moving the course, for public infor- mation and awareness. Ms. Vanous noted that this had been discussed by the Lake Owasso Task Force approximately ten years ago, and it was determined that moving the course to the narrow (south) end of the lake would create a serious safety issue. Ms. Vanous questioned who regulated the hours of operation; opining that 7:00 a.m. as noted by the previous speaker was quite early for those living on the lake. Mayor Klausing asked staff to report back to the City Council after determining who regulated hours for operating on the lake in various capacities. Mayor Klausing referenced an e-mail, in support of the application, from Margaret F. Moismann, 393 S Owasso Boulevard. Mayor Klausing referenced an e-mail fromBenjaminA.Seim. 513 Heinel Drive, in opposition to the application. Joe Bester, 460 W Horseshoe Drive Mr. Bester, speaking on behalf of the Lake Owasso Safe Boating As- sociation, observed that the lake received extensive use, but was posted for use from sunrise to sunset; and while he didn't personally advocate those hours of operation, was unaware of any regulations stopping such use, whether a lakeshore resident, or accessing the lake via public access facilities. Regular City Couucil Meeting Minutes Monday, April 23, 2007 Page 18 Mr. Bester opined that the Association attempted to be respectful, but noted the difficulties of policing those coming onto the lake. Mr. Bester thanked the public for their comments; further opining that there were always some risks involved in lake activities, but noted that the Association attempted to be cognizant of other boaters on the lake. Mr. Bester concluded by endorsing and speaking in support of contin- ued placement of the water ski course and jump on Lake Owasso. Mayor Klausing asked Captain Mathwig if the Police Department had logged any calls regarding incidents on Lake Owasso related to the Jump or course. Captain Mathwig advised that, since 2005, the department was only aware of one call, for an ice fisherman assist, on the lake, which was referred to the Ramsey County Sheriff. Councilmember Ihlan thanked people for bringing the issues before the City Council, noting this was the Council's first policy discussion regarding such issues. Councilmember Ihlan opined that the City Council indeed needed to consider the public's health, safety and wel- fare, and strike a balance for different users of the lake; in addition to all impacts to lake uses, neighborhood quality of life, and environ- mental concerns. Councilmember Ihlan expressed her personal inter- est in obtaining additional information regarding the use of herbicides and their impact on the lake. Councilmember lhlan further opined that the City Council needed to obtain additional information; evidence of how the jump and course were being used related to competing with other uses; and whether the limited use of the jump justified imposing on other uses. Council- member Ihlan spoke in support of sending the concerns expressed to- night to the Ramsey County Sheriffs Department; and advised that she was leaning toward not supporting the placement request this year, to emphasize concerns related to public health, safety and wel- fare. Regular City Council Meeting Minutes Monday, April 23, 2007 Page 19 Councilmember Pust clarified that there appeared to be two separate issues: 1) the jump and slalom course; and 2) other water skiing on the lake. Mayor Klausing concurred, and opined that from comments regarding limited use of the jump, it appeared evident that the jump and slalom course represented an extremely small percentage of the actual skiers utilizing the lake. Councilmember Pust noted that she was hearing equal concerns from some that the jump isn't used, and others who use it; opining that if people weren't aware of the ski jump's use, those using the jump must not be the ones doing the major portion of the water skiing on the lake. Councilmember Pust further opined that, if the biggest issue was who and how many were using the lake, the City Council wasn't the body to regulate that. Councilmember Pust further opined, that while she concurred with Councilmember Ihlan that additional information would prove benefi- cial and could further identifY the regulatory body for concerns in- volving monitoring lake usage and traffic volumes, she was not hear- ing major issues related to the ski jump and course, causing her to op- pose placement of the water ski course and jump for the 2007 season. Mr. Lee referenced regulations that the City of Arden Hills had previ- ously placed on Lake Johanna related to speeds. Donald M. Rott, 3115 Sandy Hook Drive Mr. Rott, as a 50 year resident on Lake Owasso, provided a historical perspective on the rationale for placement of the jump, due to installa- tion of permanent anchors on the jump to keep it in place due to pre- vailing winds. Mr. Rott spoke enthusiastically in support of the jump and ski course; opining that, from a safety standpoint, Lake Owasso was larger than either Lake Johanna or Lake Josephine. Mayor Klausing concurred with the observations of Councilmember Pust in identifying the uses related to the jump and slalom course ver- sus concerns regarding overall use by skiers of the lake; and opined that he didn't see a basis for not recommending approval for the 2007 Regular City Couucil Meeting Minutes Monday, April 23, 2007 Page 20 season. Mayor Klausing noted the balance required between govern- ment regulation and oversight versus invoking onerous government interference. Councilmember Roe concurred with Councilmember Pust and Mayor Klausing's comments; opining that it was apparent that the City Council had limited authority, while recognizing those concerns ad- dressed by citizens. Councilmember Roe further opined that, if the Ramsey County Sheriffs Department was the approving agency, and were only asking for concurrence with their approval by the Cities of Shoreview and Roseville, that it seemed appropriate for the City to re- quest additional information from the County in addressing those is- sues. Councilmember Roe noted by the City requesting this informa- tion now, Ramsey County could institute measures going forward to be able to have annual data to measure impacts to the lake, other us- ers, residents, quality of life and other issues that had been raised to- night; and could become part of the annual request prior to 2008 ap- proval. Mayor Klausing suggested approving the placement this year; and seeking the infOlmation from Ramsey County, and alerting them to safety concerns, to allow a more formal request and application proc- ess next year. Discussion ensued regarding intent of the requested approval and mo- tion language. Councilmember Pust questioned what authority the City of Roseville had in limiting boat traffic on a lake within or a portion of which was within the City's jurisdiction. City Attorney Anderson offered to research the City's authority and report back to the City Council. Councilmember Ihlan questioned if there was an active lake or neighborhood association for Lake Owasso. Mr. Gallop responded that there was an active Lake Owasso Home- owner's Association, and they would be holding their annual meeting Regular City Council Meeting Minutes Monday, April 23, 2007 Page 21 at the Roseville Ice Rink on Thursday, April 26, 2007; estimating that approximately 95% of lakeshore homeowners were members of the association, consisting of residents of both the City of Roseville and the City of Shoreview. Mr. Gallop further noted that this is the group responsible for weed control on the lake. Mr. Gallop advised of the existence of various agreements and regula- tions, and additional discussion included agreements in place regard- ing lake regulations; enforcement of those regulations; time allotted for additional patrols by Ramsey County Water Patrol; seasonal post- ing at public landings; and cooperative patrol by lakeshore residents and the Sheriffs Department. Councilmember Pust observed that several concerns addressed tonight were being addressed, but that the public was simply not aware of those actions. Mayor Klausing opined that those concerns raised tonight were good to bring to the Council's attention; and asked staff to allow time in the future to revisit the issues and follow-up on those concerns. Roe moved, Klausing seconded, recommended approval to the Ram- sey County Sheriffs Department, the request of the Lake Owasso Safe Boating Association's for placement of a water ski course and jump on Lake Owasso for the 2007 season; and asked staff to com- municate with the Ramsey County Sheriffs Department concerns ex- pressed at tonight's meeting by citizens, and request, on behalf of the City Council, additional information and any incident reports related to permitting this activity in the past, currently on file, or received during this 2007 permit season. Councilmember Ihlan advised that she would be voting "nay" based on a lack of evidence on the significant use of the course and/or jump; concerns about their location; and negative impacts on other uses and possible neighborhood impacts. Councilmember Ihlan requested that the concerns raised tonight be formally conveyed, verbatim, to the Ramsey County Sheriffs Department, to ensure that they are recorded into the permitting process. Regular City Council Meeting Minutes Monday, April 23, 2007 Page 22 Captain Mathwig advised that the Water Patrol Deputies could be provided with a videotape of tonight's meeting, specific to this discus- SlOn. Mayor Klausing questioned whether that would be appropriate, or if the Sheriff, as the policy maker, needed to be provided with the in- formation. City Manager Malinen advised that he would prepare correspondence related to tonight's discussion to the Ramsey County Sheriff. Councilmember Ihlan strongly encouraged that a copy of the meeting minutes be provided to the Ramsey County Sheriff. Councilmember Pust reiterated the Council's request to staff to re- search and provide additional information regarding regulatory au- thority for chemical uses and regulating overuse in public bodies of water or adjacent properties. Roll Call Ayes: Roe; Pust and Klausing. Nays: Ihlan. Motion carried. 10. Other Business Items a. Alcohol Compliance - Consider Alcohol Compliance Penalty for Axel's Charhouse Klausing moved, Pust seconded, authorizing the City Attorney's of- fice to act in conformity with discussion and consensus of the City Council achieved at tonight's earlier Closed Executive Session. Roll Call Ayes: Ihlan; Roe; Pust and Klausing. Nays: None. b. James Addition Access - Follow-up on Need for Access to the James Addition and Intersection analysis for Fairview Avenue Public Works Director Duane Schwartz updated the City Council on his ongoing discussions with the Minnesota Department of Transpor- Regular City Council Meeting Minutes Monday, April 23, 2007 Page 23 tation (MnDOT) and their intent to close the Snelling Avenue access into the James Addition. Mr. Schwartz advised that while no specific design was offered by MnDOT, they were receptive to accommodating emergency vehicle access across the median, upon its closure. Mr. Schwarz reported on costs of additional intersection studies on Fairview Avenue, in response to previous City Council directive, and subsequent meetings of staff with the Ramsey County traffic engineer and to discuss various aspects of such a study and his concurrence with the benefits for such a study. Mr. Schwarz provided a summary of the scope of the study as discussed with our traffic consultant, and the estimated cost of$7,000. Mr. Schwarz noted that Ramsey County would participate by providing linking field work and crash analysis, and provide the information to the consultant utilizing their in-house staff, thus reducing the cost of the study to under $5,000 for the City of Roseville's portion. Discussion ensued regarding various configurations; similar Ramsey County experience of such a configuration at the off-set intersection of County Road E at Victoria; and if the study deemed the intersection signalization feasible, to consider seeking cost-sharing with MnDOT for signalization costs. Staff was asked by Council consensus, at a cost not to exceed $5,000 (estimated by staff respective of in-kind cost-sharing by Ramsey County for field work and crash analyses, along with use of their in- house staff) to research the cost of an additional intersection study on Fairview Avenue to determine whether there would be a benefit or negative impact to the neighborhood provided by some level of sig- nalization on Fairview A venue. The study would consist of three al- ternatives, and the resultant data: 1) a 3-way intersection with a signal at the west Oakcrest and Fairview intersection; or 2) a 4-way offset in- tersection with both the east and west legs of Oakcrest included; or 3) the existing configuration with stop conditions on Oakcrest Avenue. Councilmember Ihlan offered her support for the study and questioned whether MnDOT's intent was still to close the median in July. Regular City Council Meeting Minutes Monday, April 23, 2007 Page 24 Mr. Schwartz advised that it was his understanding from recent meet- ings with MnDOT that they would put off the closure for the comple- tion of this proposed study. c. Financial Policies - Direction regarding Financial Policies for Budget Preparation Finance Director Chris Miller summarized the staff report dated April 23, 2007 outlining preliminary discussions on the City's budget and financial policies; and incorporating the goals of the Imagine Rose- ville 2025 community visioning process. Mr. Miller noted that, while it would take time for the City Council and staff to prioritize those goals and strategies, staff was beginning to incorporate them into planning processes. Mr. Miller cautioned, however, the need for the City Council to establish a preliminary 2008 budget levy by Septem- ber 15, 2007. Mr. Miller noted that staff, at the Department Head level, was just starting their budgeting process, and was seeking gen- eral direction from the City Council in conjunction with that staff process. Mr. Miller provided specific budget and policies, with notes and comments related to language revisions; instances where past and/or current practice had veered from the established policy; and applica- tion considerations to initiate City Council discussion. City Manager Malinen concurred with Mr. Miller's observations; and emphasized that these policies were foundational to preparation of a budget from the City Manager's perspective. Mr. Malinen requested that the City Council discuss, deliberate and, through adoption of a formal resolution for each policy, memorialize their goals and make them formal policies. Mr. Malinen opined that this would make the policies easier to track and incorporate into the budget process, and would ultimately drive the budget preparation emphasizing areas of significance (i.e., reserve funds) that may not be in compliance with the City's own policy. Mr. Malinen advised that it was his intent to prepare and present a budget in line with established City policy, which could create some discrepancies if those policies were not clear and concise. Regular City Council Meeting Minutes Monday, April 23, 2007 Page 25 Mayor Klausing spoke in support of the concept, but questioned how to proceed in adhering to and making those policies consistent and representing overall goals. Councilmember Pust opined her support for reviewing each specific policy as pmi of the initial discussion; and suggested that Council- members ask their specific questions of staff on each policy, and from tonight's discussion, bring back suggested changes to the City Council for adoption en-mass. Mayor Klausing concurred with Councilmember Pust's suggestion. Councilmember Ihlan spoke in support of getting the policies formal- ized as resolutions, including other informal policies incorporated in the annual budget book (i.e., Tax Increment Financing Policy). City Manager Malinen opined that some of those policies were not necessarily budget-related, such as the TIF policy, noting that the policies selected by staff for tonight's discussion have definite budget implications; and suggested that those other policies be addressed in future discussions, not within the time constraints of the budget proc- ess. Councilmember Ihlan advocated that all policies be formalized in resolution form, and at a minimum, to adopt what was already on the books. Councilmember Ihlan opined that, since staff was already meeting to initiate considerations for the 2008 budget, and in light of tonight's policy discussion, she requested that the City Council schedule time to get a handle on what would be needed to maintain City services. Councilmember Ihlan noted that it had proven helpful in the past to identify new needs or projects in order to maintain services and im- pacts to the budget; including identifying increased or decreased reve- nue sources; and parameters or policies for establishing the annual levy. Regular City Council Meeting Minutes Monday, April 23, 2007 Page 26 Mayor Klausing suggested that the City Council consider remaining agenda items at this time to allow uninterrupted discussion of financial and budget policies. Councilmembers concurred. d. Audit Committee - Discussion of an Audit Committee Mayor Klausing suggested tabling this item indefinitely until Coun- cilmember Kough was able to participate in the discussion. Mayor Klausing noted that the issue seemed to be whether a Council sub- committee or the entire Council serve as the Audit Committee. City Manager Malinen advised that staff had incorporated previous auditor findings and had conected those situations; and was proceed- ing in conformity with those previous findings, including conducting a training for all employees and incorporating any employee recognition at that time. Councilmember Ihlan noted that the cunent audit was nearing com- pletion, and personally opined her preference that that audit would recognize the steps already taken and progress made by the City to address previous findings. Councilmember Ihlan further opined that it was her personal preference that a formal and ongoing Audit and Fi- nance Committee be established for the purpose of reviewing and making recommendations related to the type of policy discussions be- ing held by the Council tonight. e. Legislative Advocacy - Discussion of Development of 2008 Legis- lative Advocacy Schedule Councilmember Pust opined that the suggested program, as prepared by staff, appeared organized and efficient, and suggested that the leg- islative policy not be considered until June, as recommended in the staff report dated April 23, 2007 and attached proposed 2008 Legisla- tive Advocacy Program timeline. It was Council consensus that staff provide the Council with a set pro- gram, as outlined, on a regular basis as a matter of City Council action and activity throughout the year. Councilmember Pust stipulated that consensus action of the Council as referenced above, not be interpreted by Department Heads as an Regular City Council Meeting Minutes Monday, April 23, 2007 Page 27 additional responsibility for them to spend time monitoring legisla- tion. Councilmember Pust opined that, if that became necessary, the City Council would need to find a more efficient and effective way to monitor applicable legislation. f. Resolution - Adopt a Resolution Appointing an Alternate Repre- sentative to the North Suburban Communications Commission (NSCC) Mayor Klausing suggested appointment of Councilmember Dan Roe to serve as an alternate to the North Suburban Cable Commission, with Councilmember Kough serving as the ongoing appointee. Mayor Klausing observed that, as the most newly-elected member of the Council, Council member Roe had yet to become initiated as a Rose- ville City Council representative with outside organizations and agen- cIes. Councilmember Ihlan noted that she had attended the last NSCC meeting at the request of Councilmember Kough; and volunteered to serve in a short-term capacity as an alternative. Councilmember Ihlan noted that pending court challenges to the Federal Communications Commission (FCC) rules, and related regulatory and legal follow-up discussions and monitoring, were in line with her legal expertise and should be a prevalent consideration for her serving as an alternate. Mayor Klausing questioned the rationale for a two-step process, a short-term appointment followed by another long-term appointment, of an alternate; rather than a one-time appointment of an alternate. Councilmember Roe willingly volunteered and expressed his interest in serving as an alternate for Councilmember Kough, emphasizing not as his replacement, but as applicable in Councilmember Kough's ab- sence; and observed that Councilmember Kough didn't have a legal background, yet was serving as the City's appointee to the NSCC. Councilmember Roe observed that he currently had no outside City Council activities and was eager to assume additional service as a City Council representative outside the confines of regular City Council legislative duties. Regular City Council Meeting Minutes Monday, April 23, 2007 Page 28 Klausing moved, Pust seconded, adoption of Resolution No. 10495 entitled, "Resolution Appointing a Councilmember as an alternate to the North Suburban Cable Commission;" appointing Councilmember Dan Roe to serve as an alternate, with voting rights, to the North Sub- urban Cable Commission. Roll Call Ayes: Ihlan; Roe; Pust and Klausing. Nays: None. 7.c Preliminary Approval and Set Hearing - Preliminary Approval and Set a Public Hearing to Provide Conduit Financing for Cen- tennial East Apartments (continued) ***Note: Corrective action for previously-adopted motion related to Agenda Item 7.c (Plus 8.a) entitled, "Preliminary Approval and Set Hearing - Preliminary Approval and Set a Public Hearing to Provide Conduit Financing for Centennial East Apartments. " Councilmember Pust noted that, in further reviewing the matter with staff, there was a disparity in the staff report and the recommended resolution, and the language of the motion was something other than what should have been adopted, as identified in the proposed resolu- tion language prepared by Bond Counsel. Councilmember Pust noted that the language, as prepared by Bond Counsel, and granting prelimi- nary approval, was the legally accepted format necessary to proceed. Pust moved, Roe seconded, that the City Council waived the full read- ing of the presentation and resolution included in the staff report dated April 23, 2007; and by consent of the City Council, moved adoption of Resolution No. 10496 entitled, "Resolution Reciting a Proposal for a Financing Program for a Multi-Family Rental Hous- ing Development, Calling for a Public Hearing Thereon, Giving Pre- liminary Approval to the Project and the Program, Authorizing an Application for Bonding Authority, and Authorizing the Preparation of Necessary Documents and Materials (Centennial Gardens East Project);" and aoorovinz Public Notice for the Public Hearinz, scheduled on Mondav, Mav 21, 2007 at 6:00 O.m., and zrantinz ore- liminarv aooroval and aoolication for bondinz. Regular City Council Meeting Minutes Monday, April 23, 2007 Page 29 Councilmember Ihlan expressed concern about revising the motion, opining she had qualms about the approval, but understood the motion was to schedule the Public Hearing. Councilmember Pust advised Councilmember Ihlan that this was her rationale for flagging the language in the resolution for Councilmem- ber Ihlan's review and understanding; again noting in resolution lan- guage, that the approval was not binding. Councilmember Ihlan expressed further concerns regarding findings as detailed in the proposed resolution language. City Manager Malinen concurred with Ms. Ihlan's interpretation of the intent of Bond Counsel, and the procedural necessities for the de- veloper to proceed in making application for funding, with more for- mal action to be taken by the City Council at a later date. Mayor Klausing recognized Councilmember Ihlan's concerns, but noted language in Sections 1, 3 and 7 of the resolution language that were explicit to the City's preliminary approval, all subject to final City Council approval. Councilmember Ihlan opined that, she couldn't in all good faith, sign off on the findings outlined in Section 2 of the resolution; and would need to vote in opposition to the motion, even though favoring sched- uling the Public Hearing. Councilmember Pust recognized Councilmember Ihlan's viewpoint. City Attorney Anderson concurred with the revised motion language and adoption of the resolution, not as Bond Counsel, but as the City's legal advisor; noting that the City should follow the recommendation of their Bond Counsel, due to the specificity and technological aspects of that particular area of law. Mr. Anderson noted that adoption of this resolution also authorized preparation of the necessary documents being requested by Councilmember Ihlan prior to further Council ac- tion. Regular City Council Meeting Minutes Monday, April 23, 2007 Page 30 Mayor Klausing spoke in support of the motion, while recognizing and understanding Councilmember Ihlan's concerns. Roll Call Ayes: Roe; Pust and Klausing. Nays: Ihlan. Motion carried. 11. Councilmember-Initiated Items for Future Meetings Councilmember Ihlan requested, with Council consensus, to direct staff and the applicable Advisory Commission, at the discretion of City Manager Ma- linen, to research City Ordinance to determine whether a potential gap ex- isted in City ordinance related to shooting bows and discharging arrows within the City Limits, including restrictions addressed by other communi- ties. c. (lO.c) Financial Policies - Direction regarding Financial Policies for Budget Preparation (continued) Specific policies are referenced in the staff report dated April 23, 2007, entitled, "Preliminary Discussion on City Budget and Financial Policies." Operatinl! Budl!et Policv Mr. Miller provided proposed language revisions and comments re- lated to this policy, specific to the City paying for all current expendi- tures with current revenues; and budgetary provision for adequate maintenance of capital plan and equipment, and their orderly replace- ment. Mr. Miller noted that in the last 3-4 years, with budget challenges and constraints, the City had deviated from this policy by using reserve funds. Mr. Miller, from a staff perspective, supported the established policy, and advocated for adherence to the policy, given implications on other policies as well. Discussion included estimated proportionate administrative and gen- eral government costs incurred by the general operating fund at $1 million, with them captured in one centralized place and eventually al- located among all funds. Regular City Council Meeting Minutes Monday, April 23, 2007 Page 31 Councilmember Pust suggested that each specific staff report of re- quest for Council action include a written fiscal analysis (i.e., initial cost, full cost to your department, as well as impacts to and with other departments, staff cost such as additional FTE's, vendor costs, ongo- ing maintenance costs, etc.) especially pertaining to new spending re- quests. Council member Pust observed that current practice is not consistent among and within departments; and suggested that it be- come a standardized practice, similar to that utilized by the state, but not as detailed. Councilmember Pust further suggested including actual expenditures throughout the year (monthly or quarterly) to factor those expendi- tures into requests for that year and following years. City Manager Malinen advised that staff was actively pursuing finan- cial software system revisions to generate such a report, initially on a quarterly basis, with future plans for monthly reports, to provide a summary for Council review, particularly those funds or activities rep- resenting greater sensitivities. Mr. Malinen sighted the OVAL as an example when it hasn't always met expectations, yet differentials in expenditures and revenue were not flagged in a timely manner. Mayor Klausing spoke in support of not relying on budget reserves, as addressed by Mr. Miller, while recognizing that serious implications may be realized while deviating from this practice and returning to adhering to policy. Mr. Miller noted specific areas where City assets needed to be shored up for replacement at the end of their useful life; and necessary as- sumptions to once again achieve sustainability for such maintenance. Councilmember Roe concurred with Mr. Miller's assumptions. Councilmember Ihlan opined the need to phase those funding mecha- nisms back into the budget, unless there was a reorganization of re- serve funds. Councilmember Ihlan further opined the need to review and formalize reserve policies. . Regular City Council Meeting Minutes Monday, April 23, 2007 Page 32 Council consensus was to adhere consistently to policy in not relying on reserves for annual budget expenses. City Manager Malinen clarified that this policy, by his interpretation and application, would direct staff to do an analysis and projection of revenue, with the understanding that they had to work within revenue projections. Mr. Malinen emphasized that this would drive proposed expenditures, and dictate what staff initially presented to the City Council as the City Manager's recommended budget for 2008; ob- serving that the recommended budget would be balanced in accor- dance with that policy, whatever implications may be created. Mayor Klausing observed that corrective action may not be able to be taken in one fell swoop; but consistent with City policy, funding mechanisms should be returned to replace all capital assets in an or- derly way. Councilmember Roe questioned if it was the intent to include re- placement of City Hall buildings, or more for ongoing major mainte- nance (i.e., roof replacement, HV AC replacement, etc.). Mr. Miller advised that this policy looked at all assets, including City buildings; however, he suggested that the City Council look at it for an all-inclusive basis for infrastructure needs (i.e., water, street, build- ings) to the extent funding was evident and providing a comfort level for Councilmembers. Councilmember Roe suggested that there may be policy reasons not to consider replacement of buildings (i.e., City Hall) in sinking funds, and approach voters for a bond referendum, on a case by case basis, for their direction, rather then collecting taxpayer money for a number of years prior to such expenditure. Councilmember Roe asked, and Councilmembers concurred, that staff provide rationale for each op- tion to allow the Council to make a determination on the appropriate level of funding. Additional discussion included complementing policies for the Capital Improvement Plan (CIP) policy and the operating budget. Regular City Council Meeting Minutes Monday, April 23, 2007 Page 33 Councilmembers Roe and Pust concurred on staff's recommendations, and supported clarifYing policy language for staff and future City Councils. Councilmember Roe suggested definitive language that reserves not be used to cover ongoing operating expenses, with the exception of extraordinary circumstances, and that if used, they be replenished within a certain year timeframe to ensure that future budget decisions are based on actual revenue parameters. Mr. Miller observed that the policies in their totality will provide a self-fulfilling prophecy, that one policy will drive or fix actions from veering from another policy. Councilmember Roe supported Councilmember Pust's suggestions for standardized written reports providing fiscal analysis, possibly with that portion of the request or report being prepared by the Finance Department staff as part of each specific request, or approved by the Finance Department and so stipulated for Council information during their review. Councilmember Roe suggested on page 4, line 110, that language be revised to read, "The City will [administer and] maintain a budgetary control system to ensure adherence to the budget," and on page 4, line 112, to specify who gets the reports prepared by the Finance Depart- ment. Councilmember Roe addressed whether the $5,000 purchase limita- tion should be included as part of the policy language. Mayor Klausing suggested that the City Council consider increasing the limit to $10 - $15,000; allowing for ongoing City Council over- sight, while allowing staff discretion. Councilmember Roe opined that it made sense to have that discussion. Councilmember Ihlan supported the policy as discussed and revised. Regular City Council Meeting Minutes Monday, April 23, 2007 Page 34 Capital Improvement Policy (CIP) Finance Director Miller noted the speculative nature of the formal CIr document and process, using the Twin Lakes development project area and various scenarios as an example. Councilmember Ihlan noted that this point was well taken, and opined that she would like to see in appropriate places in the policy, including a fiscal impact analysis on City expenditures, or proposed policy im- plementations, moving toward a policy analysis for all development projects (i.e., future maintenance of streets, traffic infrastructure im- pacts, etc.). Mayor Klausing opined that, while the Council had held this discus- sion previously, it seemed incredibly speculative if only the costs were factored into the equation without balancing in the benefits and impacts to and for the overall city and surrounding areas. Mr. Miller, from a personal and economic perspective, recognized the advantages of performing fiscal impact analyses, but noted the need for making numerous assumptions that influenced the value-added to the City Council and their decision-making process as a body. Mr. Miller used, as an example, how to determine the value of one job or the value of increasing the tax base of the community; and opined that, unless the entire body was in agreement on the assumptions and their interpretation of those assumptions, the data would only benefit individual decision-makers. Mr. Miller further opined that the bigger a project, the more speculative the assumptions and actual fiscal analysis would be. Councilmember Ihlan reiterated her preference for receiving an analy- sis detailing the cost of implementation for a new policy or a large- sized development as part of the decision-making process, from a cost standpoint at a minimum. Mayor Klausing observed that each individual viewed ideas and is- sues from different perspectives, and each opinion and perspective was valid. Regular City Council Meeting Minutes Monday, April 23, 2007 Page 35 Councilmember Roe suggested that this may not be the type of analy- sis staff was asked to perform, and suggested that it may be more ap- propriate, and included as a requirement for development, that the de- veloper bear the cost of such analysis, similar to traffic analyses and other studies during the process. Councilmember Roe suggested that this language be incorporated into a policy for capital improvement projects or the process for bringing forward development or redevel- opment projects in Roseville. Debt Policv Finance Director Miller reviewed proposed language revisions. Discussion ensued regarding the City's existing bond rating: AAl (Moody's) and AA (Standard and Poor's), within the top six percent for all Minnesota municipalities; with Councilmembers concurring that they wanted to, at a minimum, maintain that rating. Further discussion included how to achieve a higher rating (three years of steady and regular improvements in the City's overall fi- nances and requesting a review from the rating agencies); and benefits or advantages in seeking a higher rating, or whether the cost of achieving a higher rating exceeded the speculative benefit of dimin- ishing returns; with potential for residual impacts on Roseville resi- dents. Councilmember Roe questioned differences in "long-term" and "short-term" debt as noted on page 6, line 194. After some discus- sion, it was Council consensus to delete "long-term" from line 194, so the statement read: "The City shall not use debt for current opera- tions." Councilmember Ihlan opined her support for amended language. Revenue Policv Finance Director Miller reviewed comments regarding funding flow- ing to programs and services based on the City's goals, objectives, and priorities, rather than by a pre-determined formula. Regular City Council Meeting Minutes Monday, April 23, 2007 Page 36 Mayor Klausing spoke in support of Mr. Miller's recommendation to strike the language as noted on page 8, line 221, based on the need for the City Council as a whole to determine specific and equitable fund- ing decisions. Councilmember Pust spoke in support of the recommendation, opin- ing her support for making hard choices in determining what ser- vice(s) or program(s) seemed least valuable, rather than across-the- board cuts that may not be the right choice overall. Mr. Miller addressed his comment on page 8, line 243 regarding user charges and fees covering direct, but not necessarily all indirect costs; and sought Council direction for clarifYing language. Councilmember Pust spoke in support of fees covering direct and in- direct costs, to the greatest extent possible; and requested that staff re- view past practice and user fees needing to be identified for adjust- ment, as appropriate, to cover those costs as they represented the ac- tual cost incurred by the government; and again addressed the tough decisions required of the City Council and their decision-making processes. Mr. Miller noted that, in some specific instances, there may be public policy rationale for not fully covering costs. Counci1member Pust recognized those specifics; however, supported enunciating that rationale as part of the policy language as applicable, rather than future Council's or staff making an assumption that dis- parities had been overlooked. Councilmember Roe suggested that language on pages 8 and 9, lines 251, 258, and 264 be incorporated into one statement, perhaps deline- ated for non-enterprise and enterprise funds, indicating that the City was moving toward a level to support 100 percent of the direct and indirect costs of the activities. Councilmember Roe questioned how the Community Development Department, fully funded by fees, fit into the direct and indirect costs being covered. Regular City Council Meeting Minutes Monday, April 23, 2007 Page 37 Mr. Miller noted that the Community Development Department fees were detailed and outlined in the annual fee schedule resolution adop- tion, but were not specifically addressed in a policy. Councilmember Roe, with concurrence by Councilmember Pust, sug- gested that the adoption of the fee schedule be incorporated as part of the Revenue Policy, with language indicating that as part of that pol- icy, the City Council will annually, and as part of the budget approval process, adopt the fee schedule. Mayor Klausing concurred that there was a benefit in having the pol- icy explicitly shown. Councilmember Ihlan concurred that it would be appropriate to in- clude it specifically here; even though fee discussions cropped up in TIF discussions and policies, when considering public benefits that were consistent and stated as an overall policy. Councilmember Roe questioned the benefit of maintaining the annual levy based on the City's tax rate as a consistent and general objective. Councilmember Pust cautioned that budget impacts and contingencies not apparent and within the City's control (i.e., fuel costs, Local Gov- ernment Aid reductions or eliminations, employee health care costs) required the need to maintain flexibility in setting the annual levy. Mayor Klausing was supportive of a policy based on the general prin- cipal, with deviation as required, to tie the annual levy increase to that of inflation. Mayor Klausing, while recognizing Councilmember Roe's suggestion, questioned the impact if a large development came forward, and broadened the City's tax base, and whether the Council would want to require that the levy be tied to the tax rate if a reduced levy were achievable. Councilmember Roe suggested additional discussion, in addition to staff input, related to reserve levels. Regular City Council Meeting Minutes Monday, April 23, 2007 Page 38 Councilmember Roe suggested, regarding Local Government Aid (LGA), that the City have a defined policy statement in their revenue policy that the City would not depend on LGA as a source of revenue, but if received, would determine use for unique and/or one-time ex- penditures to benefit the City. Capital Replacement Policy Finance Director Miller again reviewed specific language revisions and comments on pages 10 and 11. Mr. Miller noted previous discus- sion of staff with Council regarding staffs calculations regarding the deficit of approximately $100,000 in annual funding needs for the purpose of the General Vehicle Replacement and Fire Vehicle Re- placement Funds; and suggested that funds to maintain funds for roll- ing stock would need to be phased in over a period of time. Discussion include differentiating between capital building and capital rolling stock; differences in maintenance or operating versus replace- ment; and rationale for using taxpayer monies on an annual basis for fleet replacement, while not seeking taxpayer monies over a 15 year period for large capital expenditures (i.e., buildings). Mr. Miller responded to the Building Replacement Fund, and former available funds prior to City Hall renovation, of approximately $2 - 3 million, with remaining funds designated in their totality to the ice arena needs. Councilmember Pust expressed her strong support for a detailed in- ventory from staff of priorities, what facilities were funded at, and how long before major renovations, maintenance or replacement would be required. Councilmember Ihlan sought clarification if staff had considered de- ferred replacement, as applicable and feasible, on specific items or rolling stock to prolong life expectancy or if maintenance created more costs than replacement. Mr. Miller advised that government finance officer, industry standards and other comparisons were used specifically and taken into consid- Regular City Council Meeting Minutes Monday, April 23, 2007 Page 39 eration, with ongoing review and revision, and dependent on their use and function, for each type of asset. Councilmember Roe suggested that those considerations be incorpo- rated and broken down for all Capital Replacement funds. Operatine: Fund Reserve Policv Miller reviewed suggested language revisions and specific comments related to this fund. Mr. Miller noted the need to maintain a General Fund Reserve of 50% of the total annual operating budget to accom- modate drawdown time to receive the City's tax revenue from Ram- sey County; and noted current reserve levels at 30%. Councilmember Pust sought clarification of State Auditor recommen- dations. Mr. Miller advised that the State Auditor recommendation language was chosen very carefully, and related to unreserved fund balances, or undesignated monies for cities recommended at approximately 25- 30%. Mr. Miller noted that all City of Roseville reserves were desig- nated for some specific purpose; and cautioned that if the City Coun- cil chose to adhere to the recommendations of the State Auditor, even though not applicable to the City's designated funds, the City would run in the red for several months each year. Councilmember Pust requested clarification on the Operating Fund Reserve Policy and the Pavement Improvement Plan (PIP) and whether they were related, and the accuracy of that perception of some citizens. Mr. Miller advised that they were two completely separate funds, with the PIP designated for one very specific purpose only, and that that perception was definitely incorrect. Councilmember Pust noted Mr. Miller's comments on page 13, lines 3 land 405 respectively; and sought recommendations from Mr. Miller in the future and his specific recommendations. It was Council consensus to complete discussion of these policies prior to adjourn- ing tonight's meeting. Regular City Council Meeting Minutes Monday, April 23, 2007 Page 40 Councilmember Ihlan requested further discussion in the future on the City Council's ability to adjust Reserve Fund levels and/or transfer funds from one Reserve Fund to another. City Manager Malinen and Mr. Miller noted that agenda time had been scheduled at the May Study Session for a discussion on just this specific issue. City Manager Malinen advised that staff would frame those policies discussed tonight, and changes as recommended by staff and Council, in resolution format for City Council consideration and formal adop- tion. Councilmember Roe asked staff to seek a legal opinion as to when and whether transfers could occur from one Reserve Fund to another. Councilmember Roe requested specific feedback from staff on how the reserve levels impact the City's credit ratings; their relationship to Enterprise Funds and recommended percentage of operating funds in reserve to support those funds and accommodate specific fund-related capital improvements; and their recommendations for Council study. Mayor Klausing spoke in support of meeting the policy of maintaining a 50% reserve; but sought additional staff input on how to factor that into the budget in the short-term while attempting to get back to that level without substantive additional costs and impacts to services. Mayor Klausing thanked Councilmembers and staff for the excellent discussion. 12. Adjourn The meeting was adjourned at 10:02 p.m. Regular City Couucil Meeting Minutes Monday, April 23, 2007 Page 41 ~ '/JA:k \ ~g D. Klausin~or ATTEST: ~ ~ ' ~~ ill J. Malmen '~+'i.~cO'4z,. ,~Jc,d 'Sol:. )Zy5ylye WORK SESSION ITEM NO. [i April 1 0, 1996 TO: Steve Sarkozy Bob Bierscheid 6 b SUBJECT: BIDS FOR ENHANCEMENT PROJECT AT COUNTY ROAD C AND LEXINGTON FROM: BACKGROUND Please see attached chronology. BIDS The Minnesota Department of Transportation, acting as the agent for ISTEA Grants, received the following bids on April 12. Bidder Amount Lakeland Nursery Jay Brothers Global Specialty Container $442,001.20 456,218.20 497,342.90 FINANCIAL 1M PLICA nONS The State has advised RLK that the grant will pay 80 percent of the bid ($353,280) and the City would pay the remaining 20 percent ($88,320). OBJECTIVES The Enhancement Grant is a significant beginning to upgrading the Civic Center site. This project will meet the following objectives: . Enhancement of the County Road C pathway. . Notable improvement of County Road C and Lexington area creating a focal point for the Civic Center site and the community. . Serve as a splendid welcome to Roseville for visitors from around the region, county, and world. Steve Sarkozy 2 April 1 0, 1996 . Significant step in achieving the quality of City facilities and spaces advocated in VISTA 2000 vision. . Leverage each $1.00 invested by City with $4.00 in grant money. RECOMMENDATION It is recommended the Council, at its April 22 meeting, award the bid to Lakeland Nursery. CHRONOLOGY . Discussion occurring over several years regarding the need for a landscaping plan for the Civic Center site. ,qC]z--- . Rosedale expands and donates three sculptures to the City. . Committee of Council member, Parks and Recreation Commission members and City staff recommended creating a Sculpture Park northeast of City Hall. . Council requests staff to take a more comprehensive look at improvements for the Civic Center site including the Sculpture Park, landscaping, signing, and irrigation. . Three firms submit proposals for developing a Master Plan and Council retains RLK Associates in February, 1992. Master Plan is completed and awaits future funding decisions. . In early 1993, Roseville received a FederallSTEA Grant for construction of pathway on County Road C. . In May, 1993, Roseville received a second Federal Grant for enhancement of the County Road C pathway. 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(.)...... -= ''- en C\j > +-'. ~, o ~ ....., '-'b1l>-' ~'o ,..c ~......> r/)~;:>- r:/'J .(!) ~ . Of)bD . (;) ~ +-- cd ~Of) Of)~ .~ .'l""'""'l ~ ~ +-- (!) r:/'J...... >- ~ ...... - - C'j ~ >-, ...... ...... U . r:/'J > ~ Of) r:/'J (!) ...... 0 r:/'J ~ ""0 (!) (!) l-< >~ ~4-< '...) .'!""'""l: UQ . . . . . . . . . . . . . . '. '. ......f ". . . I I I I I I I I I I . '. . ". . ". . '. ". '. . I P?t"ks & Recreation Commission Margaret Driscoll From: Sent: To: Cc: Subject: Tim Pratt Monday, April 23, 2007 11: 1 0 AM *RVCouncil Rick Mathwig; Bill Malinen p FW: water ski course- .. /-.-f) This email was sent to the City's generic email account and is being forward to you. Tim -----Original Message----- From: brmfmosi@netzero.net (mailto:brmfmosi@netzero.net] Sent: Monday, April 23, 2007 10:41 AM To: Info Subject: Bruce Mosimann and I have lived at 393 South Owasso Blvd. for 11 years. While we do not water ski, we have come to enjoy watching the water skiers on the water ski course directly in front of our home. It's fun to watch people that have become so proficient. They, as a group of people are very respectful of other boaters. I would just hate to see the ski course eliminated. Sincerely, Midge Moismann 1 Page 1 of2 Margaret Driscoll From: Dick Lee [dlee@h-ym.com] Sent: Sunday, April 22, 2007 9:48 PM To: *RVCouncil Subject: Monday Meeting Regarding Ski Jump C)r?O seJ Thank you in advance for reading this - at Monday's council meeting, I plan to raise objections to the ski buoys and especially the ski jump. I have lived on Lake Owasso for fourteen years. I'm on the lake fishing many early mornings and evenings, and my wife is out on her pontoon boat frequently during the day. Neither one of us has ever seen the ski jump used. Nor, for that matter, have our many, many friends and neighbors who live on the Roseville side of the lake. The dilapidated jump is an eyesore, a navigation impediment on a busy lake and an impediment to fishing one of the best cabbage weed pods in the lake. But more importantly, the water skiing group on Lake Owasso is pulling out the jump year after year to make sure that it's "grandfathered in," in case someone wants to use it in the future. Placing a large, unused impediment on the lake is an unfair imposition on lake users as a whole. In response to these concerns, I would propose that permission to place the ski jump this year be contingent on solid proof that It was used last year. Further, and I respect that this topic may be "out of bounds" for tomorrow's meeting, I would like to formally request that the City of Roseville assume direct responsibility for determining what weed killing toxins get dumped into Lake Owasso. The "Lake Owasso Association" is, in fact, the water skiing contingent. In keeping with its makeup, this "association" has disseminated misinformation regarding the threat from weeds to the watershed-to the point of ignoring and even contradicting DNR input. I believe that it would be appropriate and responsible for the City Council to ask for DNR input directly, and to decide whether and how to treat the lake based on mixed use parameters. The "association" would like to institute a "scorched bottom" policy; however, that would destroy the fishing in the lake, which is already compromised by the amount of chemicals dumped into it. In response to these concerns, I would propose that the City Council no longer allow a self- Interested group to decide for all lake dwellers how defoliants are used-nor to be awarded the privilege of communicating and Interpreting to all concerned citizens the pros and cons of high volume defoliant use-and that the City Council assume direct responslblllty In this matter. I will be respectful of your time and agenda Monday, but I hope that you will take these concerns seriously. Regards, Dick Lee 4/23/2007 April 18, 2007 To: Roseville Police Department and Roseville City Council From: Kate Linder & family 631 Heinel Drive Roseville MN 55113 651-484-2077 April 23, 2007 meeting lp discuss placement of water ski course on Lake Owasso Of po>cd' To Whom It May Concern: My family and I have lived on Lake Owasso since 1989, and each year the water skiers want to place their ski course in the small end of the lake, which is where we reside, The small end of the lake is too narrow for the skiers, who must know they need to share the lake with the rest of us, including pontoons, canoes, and fishermen, None of these groups have special privileges, thus it is our opinion that the skiers should not have special privileges that interfere with the aesthetics and enjoyment that we try to pursue Subj ecl: Our suggestion is for the skiers to put the course on the north side of the lake, which is in front of the majority of their homes, and not even in Roseville, The noise from those huge motors is outrageous and disturbing for those of us who prefer to sleep past 7:00am, any day of the week, Aren't there any rules about noise pollution or times of use for water skiers? Please consider the people who live on the lake to enjoy nature and the beauty of the environment, and don't allow the water ski course in front of our properties, which has limited access, Regarding the water ski jump on Lake Owasso, it has always been in the large part ofthe lake, and although it is in poor shape and rarely used, it seems to have found its place in that same location for the past 18 years that we can recall. It would have no place elsewhere, especially in the narrow end of the lake, APR 2 0 'lIlinl , UIVI. Page 2 of2 Dick Lee High-Yield Methods 651-483-2067 dlee@h-ym.com 4/23/2007 Comcast Webmail - Email Message Page 1 of2 From: "Dick Lee" <dlee@h-ym.com> To: <city.council@ci.roseville,mn.us> Subject: Monday Meeting Regarding Ski Jump Date: Sunday, April 22, 2007 9:47:57 PM Thank you in advance for reading this - at Monday's council meeting, I plan to raise objections to the ski buoys and especially the ski jump. I have lived on Lake Owasso for fourteen years. I'm on the lake fishing many early mornings and evenings, and my wife is out on her pontoon boat frequently during the day. Neither one of us has ever seen the ski jump used. Nor, for that matter, have our many, many friends and neighbors who live on the Roseville side of the lake. The dilapidated jump is an eyesore, a navigation impediment on a busy lake and an impediment to fishing one of the best cabbage weed pods in the lake. But more importantly, the water skiing group on Lake Owasso is pulling out the jump year after year to make sure that it's "grandfathered in," in case someone wants to use it in the future. Placing a large, unused impediment on the lake is an unfair imposition on lake users as a whole. In response to these concerns, I would propose that permission to place the ski jump this year be contingent on solid proof that it was used last year. Further, and I respect that this topic may be "out of bounds" for tomorrow's meeting, I would like to formally request that the City of Roseville assume direct responsibility for determining what weed killing toxins get dumped into Lake Owasso. The "Lake Owasso Association" is, in fact, the water skiing contingent. In keeping with its makeup, this "association" has disseminated misinformation regarding the threat from weeds to the watershed-to the point of ignoring and even contradicting DNR input. I believe that it would be appropriate and responsible for the City Council to ask for DNR input directly, and to decide whether and how to treat the lake based on mixed use parameters. The "association" would like to institute a "scorched bottom" policy; however, that would destroy the fishing in the lake, which is already compromised by the amount of chemicals dumped into it. In response to these concerns, I would propose that the City Council no longer allow a self- interested group to decide for all lake dwellers how defoliants are used-nor to be awarded the privilege of communicating and interpreting to all concerned citizens the pros and cons http://mailcenter.comcast.netlwmc/v /wm/462CCC290008970D000031872213 528573 9DO... 4/23/2007 Comeast Webmail - Email Message Page 2 of2 of high volume defoliant use-and that the City Councli assume direct responsibility in this matter. I will be respectful of your time and agenda Monday, but I hope that you will take these concerns seriously. Regards, Dick Lee Dick Lee High-Yield Methods 651-483-2067 dlee@h-ym.com http://mailcenter.eomeast.netJwme/v/wm/462CCC290008970D000031872213 528573 9DO... 4/23/2007 Com cast Webmail- Email Message Page] of] From: "8eim, Benjamin" <Benjamin.Seim@Andersencorp.com> To: <city.cQuncil@ci.roseville.mn.us> Subject: City Council - 4/13 Public Hearing - Ski Jump on L. Owasso Date: Monday, April 23, 2007 3:05:00 PM Dear City Council Members, My name is Benjamin Seim of 513 Heinel Drive and I'm writing to share my concern over a topic to be discussed a tonight's council meeting (sorry for the late input). I have no concerns or problems with the proposed slalom ski course. I do however think that the ski jump should not be on Lake Owasso for safety, aesthetic and utility reasons. lake Owasso is not very big and a permanent stationary obstacle on the lake increases the risk of an accident. After dark the ski jump is especially dangerous as it does not have any lights so that people can see and avoid the jump. From an aesthetic perspective, while this is a highly developed lake, it is also a very beautiful lake that does not need the eye sore of a ski jump that is never used. I talked to my neighbor and she has never seen the ski jump used in 17 years. Many people enjoy water sports on lake Owasso and encumbering the lake with a permanent obstacle does not serve the greater good of the community, it creates a safety issue as well as an eye sore. I do not think the City Council should approve the placement of an underutilized ski jump on lake Owasso. Thanks you for listening to my concern/opinion. I appreciate your service. Sincerely, Benjamin Seim 513 Heinel Drive Roseville, MN 55113 No http://mailcenter.comcast.netlwmc/v/wm/462D20C9000BA08AOOOO ] 3B822007 507849D... 4/23/2007