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HomeMy WebLinkAboutCC_Minutes_2008_0303City of lei ~ Minnesota, USA Regular City Council Meeting Minutes City Hall Council Chambers, 2660 Civic Center Drive Monday, March 03, 2008 1. Call Roll Mayor Klausing called to order the Roseville City Council regular meeting at approxi- mately 6:10 p.m. and welcomed everyone. Voting and Seating Order for March: Roe; Pust; Ihlan; Kough; Klausing. Mayor Klausing noted that Councilmember Kough was unable to attend tonight's meet- ing. City Attorney Jay Squires was also present. 2. Approve Agenda Councilmember Ihlan requested removal of Consent Item 7.g entitled, "Ratify Agree- ments for Karges-Faulconbridge, Incorporated for Professional Services at the Skating Center." The agenda was approved by consensus, as amended. 3. Public Comment Mayor Klausing called for public comment by members of the audience on any non- agenda items. No one appeared to speak. 4. Council Communications, Reports, Announcements, and Housing & Redevelop- ment Authority Report Mayor Klausing announced the welcome home ceremony and greeting at the National Guard Armory for the return of Guards after a one year deployment, with the public in- vited to attend. Mayor Klausing noted that additional information was available from National Guard Lt. Col Miller at 651/268-8085. Mayor Klausing noted that there was an appreciation event in process tonight to honor and recognize the many volunteers at the OVAL and Skating Center. Mayor Klausing reviewed some statistical information on the number volunteer hours and cost savings re- alized by the City through their generosity and efforts. Mayor Klausing apologized that the Councilmembers would be unable to attend the event; however, on behalf of the community, staff and the City Council, thanked the volunteers, as well as expressing ap- preciation to Olive Garden/Roseville, for the dinner for tonight's recognition event. Regular City Council Meeting Monday, March 03, 2008 Page 2 Mayor Klausing reminded the public of the upcoming Comprehensive Plan Open House, hosted by the Steering Committee, at 5:30 p.m. on Thursday, March 27, 2008, in the Council Chambers, for business owners, residents and property owners to allow for comment and opinion on issues related to Roseville's future land use, transportation, housing, neighborhoods, parks and recreation and economic development. Mayor Klaus- ing noted that additional information was available at City Hall by contacting Economic Development Associate Jamie Radel, or on the City's website. 5. Recognitions, Donations, Communications a. Proclamation of Women's History Month Mayor Klausing read a Proclamation declaring March of 2008 as Women's His- tory Month in the City of Roseville, with the 2008 National Women's History Month theme, "Women's Art: Women's Vision.." Ihlan moved, Pust seconded, proclaiming March of 2008 as Women's History Month in the City of Roseville, with the 2008 National Women's History Month theme, "Women's Art: Women's Vision.." Roll Call Ayes: Roe; Pust; Ihlan; and Klausing. Nays: None. b. Resolution of Appreciation for 2008 Home and Garden Fair Volunteers City Manager Bill Malinen and Community Development Director Patrick Trudgeon briefly reviewed the efforts of those involved in the annua12008 Home and Garden Fair, with an estimated 450 volunteer hours, 64 exhibit booths and 24 informative seminars throughout the day, and an attendance of 1,000. Roe moved, Ihlan seconded, adoption of Resolution No. 10602 entitled, "Resolu- tion of Appreciation for Sponsors and Volunteers of the 2008 Home and Garden Fair." Mayor Klausing, on behalf of the City Council, staff and community thanked the volunteers for their service, and the community for their interest in the event. Councilmember Pust read, for the record, the corporate sponsors of the event, and thanked them for their participation. Mr. Trudgeon personally thanked the Housing and Redevelopment Authority (HRA) for their support of the event. Roll Call Ayes: Roe; Pust; Ihlan; and Klausing. Nays: None. Regular City Council Meeting Monday, March 03, 2008 Page 3 6. Approve Minutes a. Approve Minutes of 2/20/08 Special Meeting Pust moved, Ihlan seconded, approval of the minutes of the February 20, 2008 Special Meeting as presented. Roll Call Ayes: Roe; Pust; Ihlan; and Klausing. Nays: None. b. Approve Minutes of 2/25/08 Regular Meeting Pust moved, Ihlan seconded, approval of the minutes of the February 20, 2008 Regular Meeting as presented. Roll Call Ayes: Roe; Pust; Ihlan; and Klausing. Nays: None. 7. Approve Consent Agenda There were no additional changes to the Consent Agenda 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. Approve Check Register Roe moved, Pust seconded, approval of the following claims and payments as presented. ACH Payments $88,427.74 50288-50349 104,468.42 Total $191,896.16 Roll Call Ayes: Roe; Pust; Ihlan; and Klausing. Nays: None. b. Approve General- Purchases and Sale of Surplus Items Exceeding $5,000 Roe moved, Pust seconded, approval of general purchases and/or contracts as fol- lows: De artment Vendor Item/Descri tion Amount Finance Berbee Networks Re lace voices stem routers 2 $11,285.06 Streets Astleford Trucks 3-ton dum truck -chassis 68,655.25 Streets J-Craft 3-ton dum truck -truck box, low 74,136.78 Roll Call Ayes: Roe; Pust; Ihlan; and Klausing. Nays: None. Regular City Council Meeting Monday, March 03, 2008 Page 4 c. Approve Business Licenses Roe moved, Pust seconded, approval of f business license applications for the pe- riod of one (1) year, for the following applicants: A licant/Location T e of License Jennifer Frey @ Massage by Andrew 1711 Count Road B Massage Therapist Roll Call Ayes: Roe; Pust; Ihlan; and Klausing. Nays: None. d. Adopt a Resolution Approving Renewal of the American Legion Post #542 Premises Permit Roe moved, Pust seconded, adoption of Resolution No. 10603 entitled, "Resolu- tion approving the Renewal of the Lawful Gambling Premise Permit to the American Legion Post 542;" 700 W County Road Cfor atwo-year period ending February 28, 2010. Roll Call Ayes: Roe; Pust; Ihlan; and Klausing. Nays: None. e. Set a Public Hearing on March 24, 2008 for Snelling Liquors Application for an Off-Sale Intoxicating Liquor License Roe moved, Pust seconded, setting a public hearing for March 24, 2008 to con- sider the issuance of an Off-Sale Intoxicating Liquor License for Snelling Liq- uors, 2217 Snelling Avenue. Roll Call Ayes: Roe; Pust; Ihlan; and Klausing. Nays: None. f. Set a Public Hearing on March 24, 2008 for Placement of Lake Owasso Wa- ter Ski Course and Water Ski Jump Roe moved, Pust seconded, setting a public hearing for March 24, 2008, to pro- vide public comment regarding placement of a water ski course and jump on Lake Owasso for the 2008 season. Roll Call Ayes: Roe; Pust; Ihlan; and Klausing. Nays: None. h. Call a Special Meeting on March 17, 2008 for the purpose of Interviewing Advisory Commission Applicants Regular City Council Meeting Monday, March 03, 2008 Page 5 Roe moved, Pust seconded, scheduling a Special Council Meeting to begin before the March 17, 2008 City Council meeting called to allow time for ten minute in- terviews of each applicant. Roll Call Ayes: Roe; Pust; Ihlan; and Klausing. Nays: None. 8. Consider Items Removed from Consent a. Ratify Agreements for Karges-Faulconbridge, Incorporated for Professional Services at the Skating Center (former Consent Item 7.g) At the request of Mayor Klausing, City Manager Bill Malinen briefly reviewed the requested action. Councilmember Ihlan referenced additional agenda item #13.e on tonight's agenda entitled, "Consider a Resolution Authorizing Skating Center Refrigeration System Funding Plan." Councilmember Ihlan sought clarification on when the City Council had approved a full geothermal system for the Skating Center. Councilmember Ihlan noted that she had requested the dates of various agree- ments from City Manager Malinen prior to tonight's meeting, and opined that there had not yet been a formal vote, and further opined that her decision would depend on a fiscal impact analysis based on the recently-adopted financial poli- cies. Councilmember Ihlan further opined the need to outline the environmental analysis motivating the proposal to justify the project for residents and taxpayers, in an effort for public transparency, in addition to identifying funding sources. City Manager Malinen clarified the steps taken to-date for a feasibility study, the RFP process, soil borings, and KFI contracts authorized in December of 2007; with construction contracts still pending. City Manager Malinen advised that staff had made every attempt to keep the City Council involved in the process, includ- ing providing financial analyses as requested, with no final decision on the pro- ject, pending current design and best value contracting, with the City Council then making that final decision. City Manager Malinen advised that funds were antici- pated to come from the City's Building Replacement Fund. Discussion included recollection of Councilmembers Pust and Roe, and Mayor Klausing, of action taken to-date in approving geothermal for the Skating Center, short of approving specific contracts and contractors; previous review of the cost benefit analysis, and identifying additional information being requested by Coun- cilmember Ihlan, with staff requested to include previous cost benefit analysis information in upcoming Council packets. Councilmember Roe clarified, from meeting December 17, 2007 City Council meeting minutes provided by staff, the Council action voted upon and passed to enter into an agreement for design and contract management services for a full geothermal system at the Skating Center. Regular City Council Meeting Monday, March 03, 2008 Page 6 Councilmember Ihlan offered her support for the proposed motion, with the un- derstanding that additional financial analysis is needed. Councilmember Roe offered his support for the project, unless bids came in unre- alistically high. Roe moved, Pust seconded, approval and ratification of both previous Council ac- tions authorizing the City Manager to enter into an agreement with Karges- Faulconbridge, Inc. (KFI) for master plan study services as outlined at a cost of $24,800, plus reimbursable travel and production expenses; and for the design and construction management services at a revised cost of $112,800 (based on "best value" contracting approaches), plus reimbursable travel and production expenses to install a "full" geothermal system in the Roseville Skating Center Arena as out- lined in the staff report dated March 3, 2008. . Roll Call Ayes: Roe; Pust; Ihlan; and Klausing. Nays: None. 9. General Ordinances a. Consider Adoption of Rental Registration Ordinance Community Development Director Patrick Trudgeon presented a draft ordinance for enactment requiring the registration with the City of rental properties having one to four units. Mr. Trudgeon reviewed the history of the Housing and Redevelopment Author- ity's (HRA's) creation of a Citizen Advisory Group in May of 2006 for the spe- cific purpose of reviewing a draft rental licensing ordinance to study issues asso- ciated with rental properties and to make recommendations to the HRA on how to address areas of concern. Mr. Trudgeon noted that, following their meetings the Advisory Group's consensus was that there was a lack of accurate data on rental properties in the community; lack of staff authority to enter properties suspected of overcrowding; protracted processes for resolving complaints; substantive park- ing issues; and concerns regarding implication of a proposed Property Mainte- nance Ordinance. Mr. Trudgeon clarified that the proposed ordinance was a registration ordinance, not a license ordinance, for the purpose of information gathering; and noted tech- nical revisions made to the previously-presented draft ordinance, following Coun- cil discussion, and work by the City Attorney and staff to remove language re- garding interior inspections and code enforcement matters. Mr. Trudgeon re- viewed some of those technical revisions, such as penalty provisions, revocation Regular City Council Meeting Monday, March 03, 2008 Page 7 of registration due to not completing registration data, exclusion of rentals to fam- ily members, and inappropriate conduct and violations. Mr. Trudgeon revised cost estimates from $50,000, which would have included interior inspections, to an estimated $5,000 to accommodate staff time for mail- ing, form creation and data entry; with the revenue depending on the determined registration fee. Mr. Trudgeon advised that on a quick review by staff on non- homesteaded properties in Roseville, there were 880 properties with 1-4 units; however, he clarified that not all of those would be rentals, and he anticipated more refined numbers for staff's next presentation, based on further review and research. Councilmember Ihlan questioned the proposed penalties (page 4, line 1) and whether violations as a misdemeanor were excessive given the nature of a regis- tration ordinance, rather than a licensing ordinance, and policy rationale for such an amount. City Attorney Squires noted that the penalty language may be a holdover from the previous draft and suggested that, if it was City Council guidance to delete that language with the purpose of pure information gathering to create a database, misdemeanor fines may not be appropriate. Councilmember Ihlan opined that the language could remain; however opined that with registration itself, fines as opposed to criminal sanctions seemed more ap- propriate, similar to the recently-adopted animal licensing ordinance. Discussion ensued regarding City Code violations in general being misdemeanors with resulting penalties; and whether administrative penalties were more appro- priate or would lack enforcement ability by staff. City Attorney Squires clarified that a misdemeanor was more than an administra- tive fine, and that the City's criminal attorney would have the ability to pursue misdemeanor charges, with any given section of code potentially containing criminal and/or civil ramifications. Mr. Squires noted that this section still has reference to misdemeanors, and with that language, the City Council would have the option to pursue such charges. Councilmember Pust referenced the sample Mounds View sample ordinance, and opined that she would prefer an administrative fine list of potential violations for rental properties, with more definition of the specific responsibilities of an owner or agent and that appropriate action (Page 4, Section 909). Further discussion included tiered language for potential violations; method of correction and responsibility of the owner; number of violations within a certain Regular City Council Meeting Monday, March 03, 2008 Page 8 time period and ramifications (i.e., revocation of registration) and the need to combine redundant sections of 907.07 and 909.09 accordingly. Additional discussion included the purpose of a phased ordinance with the first phase to gain data over a two (2) year period to determine if a problem existed, and without teeth, Councilmember Pust opined that the information gathered would not be accurate to allow a fair determination; and would not accomplish the purpose of the registration, as requested by citizens. Further discussion ensued on how a registration ordinance could be enforced by staff, based on additional information and strategies provided to the Council by staff; how to encourage compliance; whether to strike bullet #5 in Section 907.07 while needing more definitive expectations of owners for "appropriate actions;" City Attorney Squires noted that he would like to further review language of the Mounds View sample ordinance for Section 907.A - I, and whether to insert Item 5 back into the language. Mr. Squires requested additional language suggestions from individual Councilmembers at their discretion. Councilmember Roe suggested not striking the language of Section 907.17 related to inspection access, except as it relates to initial inspections and renewal inspec- tions. He opined that this section was consistent with his recollection of the de- sires of the rental housing citizen advisory group to have owners cooperate with code enforcement efforts with a credible written complaint. Councilmember Ihlan opined that the section referenced by Councilmember Roe did not originally constitute consensus of the citizen's advisory group, based on further inspection processes; landlord/tenant rights; and connection registrations and inspections. Councilmember Ihlan further opined that, while rental registra- tion was a good first step, reinstating the language as suggested by Councilmem- ber Roe would provide inspection and licensing provisions beyond the intent of the advisory group; and would therefore, not receive her support." Councilmember Ihlan opined that this section was not one of consensus for the advisory group, based on decision-making for further inspections rights, and the connection of inspections and registrations, and had created a sticking point. Councilmember Ihlan expressed concern that, while registration was a good first step, but that reinstating this language that would go further with inspection and licensing provisions at this time, would not receive her support. Mayor Klausing noted the difficulties in pursuing action when there was a sub- stantial time delay in discussion times, making it difficult to recall intent and con- sensus. Regular City Council Meeting Monday, March 03, 2008 Page 9 Councilmember Pust recalled discussions that the disagreement was actually be- tween staff members on whether this was a new authority or not and whether an administrative warrant allowed access to the interior of the property with property owner consent, and intended notice of what an administrative warrant entailed. Councilmember Roe noted that, in the advisory group report, their intent was to have a statement or check-off area on the registration form, stating the City's au- thority, but opined that perhaps putting it in code was going a step too far. Lacking a clear consensus, City Attorney Squires was asked to provide clarifica- tion on inclusion of the language. Mayor Klausing noted the great work on providing definitions; however, noted that the term "unit" was not clearly defined and should be. Mayor Klausing fur- ther noted that, in staff's memo, lines 62 and 63, rentals to family members were excluded; however, noted that language should be clarified that if the rental were only to family members, as reflected in ordinance language, Section 907.06, that all renters were family members. Mayor Klausing suggested delaying action until the next meeting to allow staff and the City Attorney to incorporate and clarify language and tonight's discus- sion. Mayor Klausing asked that staff provide ared-lined copy excluding red- lining for areas that contained no issues. b. Receive Public Comments and Consider Adoption of a Social Hosting Ordi- nance Councilmember Pust, at the request of Mayor Klausing, reintroduced this pro- posed ordinance, noting that this was the third time the ordinance was brought forward for discussion. Councilmember Pust noted that the intent of the ordi- nance was to insure that youth in the community were provided safe and super- vised places to congregate; and noted the request from the last meeting for addi- tional public comment prior to adoption. Councilmember Pust noted that public information had been included in the weekly news update and the City's website, in addition the Roseville Issues Fo- rum. Councilmember Pust advised that in her discussions with Roseville citizens had indicated positive support, with only one resident of St. Paul questioning the need for such an ordinance. Mayor Klausing called for public comment, but no one in the audience appeared to speak for or against. Mayor Klausing noted one area of concern related to Section 509.05 regarding excepted situations when parents were present; with staff providing revised draft language accordingly, as a bench handout, with Section 509.05 proposed to be re- Regular City Council Meeting Monday, March 03, 2008 Page 10 wised to exclude Item A, and add E, reading: "This Chapter does not apply to conduct of any underage person specifically authorized by his or her parent(s) while present in the parent's(s) household or when the underage person and his or her parent(s) are guests in the household of another. Note: Eliminate references to parent(s), indicating households where there may be only one parent). Councilmember Pust opined her support for the revised language suggested by Mayor Klausing; noting that the intent in drafting the ordinance was to strike a balance that would not interfere with private decisions of families, but to ensure that adults made decisions for the community's youth that were appropriate. Councilmember Ihlan expressed concern with the process, and that she hadn't been able to review the proposed new language, as it had been presented as a bench handout, and didn't allow her adequate time to consider its ramifications, while appearing to be appropriate. Councilmember Ihlan expressed further con- cern that adequate public comment had not been heard. Mayor Klausing noted his attempts to provide the proposed language revisions to individual Councilmembers via a-mail; and noted that staff had prepared revised language that he hadn't yet reviewed, but his intent in providing preliminary in- formation to Councilmember Pust was due to her being the originator of the ordi- nance, and seeking her comment accordingly. Mayor Klausing questioned how much additional opportunity for public input was necessary, given the lack of in- terest to-date. Councilmember Ihlan advised that she had personally spoken to the Editor of the Roseville Review, and noted his intent to publish an article related to the proposed ordinance in next week's newspaper. Councilmember Ihlan advised that she only received one public comment, and that it had been favorable to the ordinance. Pust moved, Roe seconded, enactment of Ordinance No. 1360 entitled, "An Ordi- nance Adding Chapter 509: Social Hosting to Title 5;" with Section 509.05 amended as follows: ^ Add E, reading: "This Chapter does not apply to conduct of any underage per- son specifically authorized by his or her parent(s) while present in the par- ent's(s) household or when the underage person and his or her parent(s) are guests in the household of another. Note: Eliminate references to parent(s), indicating households where there may be only one parent). Councilmember Pust spoke in support of the motion; opining that the proposed revision was not extensive; and further opining that sufficient opportunity for public input had been provided, and if through practice, changes were indicated in the ordinance, those changes could be applied as applicable and similar to other Regular City Council Meeting Monday, March 03, 2008 Page 11 ordinance revisions, and based on the discretion and common-sense application by the City's Police Department. Councilmember Ihlan led further discussion on the intent of the proposed lan- guage revision and various interpretations to the amendment. Councilmember Roe spoke in support of the motion, as amended. Mayor Klausing spoke in support of the motion, as amended. Councilmember Ihlan reiterated her concerns on the process, and possible ramifi- cations when she brought forward items or revisions in the future. Councilmem- ber Ihlan also reiterated her perceived ramifications of the proposed language re- vision. Roseville Police Captain Rick Mathwig spoke to Councilmember Ihlan's con- cerns, and the reasonable steps for investigation, based on staff resources. Councilmember Ihlan opined that she was being forced to vote on this issue with- out sufficient information; that the process was not open and allowing for public input; and while that intention of the ordinance was a good one, she was con- cerned that it was too broad, had no collective experience of other communities, and may cause the under-age drinking problem to migrate across community boundaries into other cities. Roll Call Ayes: Roe; Pust; Ihlan; and Klausing. Nays: None. 10. Presentations 11. Public Hearings 12. Business Items - Presentation/Discussion a. Comprehensive Plan Update Project Report Mark Koegler, the City's project manager from Hoisington Koegler, Inc., pro- vided the City Council with a bi-monthly update on progress made to-date on the City's 2008 Comprehensive Plan Update, and the next steps in the process. Mr. Koegler discussed critical issues before the steering committee; focus areas (i.e., land use patterns and alternatives; transportation; community facili- ties/utilities; housing forms; economic development; redevelopment; parks; envi- ronmental protection); various refinements over the course of discussions and steering committee meetings; with next week's meeting geared toward the up- coming Open House event, scheduled for Thursday, March 27, 2008 in the Rose- ville City Hall from 5:30 - 7:30 p.m., with the various stations or focus areas out- Regular City Council Meeting Monday, March 03, 2008 Page 12 lined. Mr. Koegler encouraged the public to attend and participate by providing public feedback on the Comprehensive Plan ideas. Mr. Koegler noted that he would return in mid-April with another City Council update, at which time he would be seeking more City Council feedback. Mr. Koegler noted that the process remained on schedule; however, advised that it continued to be challenging, with the steering committee actively engaged in the process, and eager to delve into detailed review and research of various issues, creating additional challenges to stay consistently on schedule. Mr.. Koegler ad- vised that he would alert the City Council to an potential modifications needed in the schedule; however, noted that he didn't anticipate the Metropolitan Council`s willingness to extend the deadline. Councilmember Ihlan encouraged the public to attend the 5:30 p.m. Thursday, March 27, 2008, open house, as well as attending the monthly steering committee meetings to provide public comment. Councilmember Roe also encouraged the public to attend the Open House or to observe discussions at the steering committee level. Community Development Director Trudgeon noted the number of Steering Committee members attending tonight's City Council meeting. Mr. Trudgeon noted that, in addition to the published notice of the upcoming Open House, those property owners in specific focus areas, and the surrounding 500' were provided mailed notice of the Open House. Mr. Trudgeon advised that staff was attempting to be cognizant of costs, while attempting to accomplish the project by deadline, and noting the possible need for future discussions and City Council decision- making if those options were necessary. Mayor Klausing recognized Steering Committee members in attendance and thanked them for their work and time commitment to the Comprehensive Plan update. b. Discussion of City Council Vacancies Mayor Klausing noted the previous receipt of Councilmember Kough's letter re- garding his possible early resignation from the City Council, depending on health- related issues; and sought individual Councilmember comment on how they wished to proceed, with Councilmember Kough being unable to attend tonight's meeting, and the Council's previously-expressed desire to have Councilmember Kough present for the discussion. Councilmembers Pust and Roe concurred they preferred to hold discussion until Councilmember Kough was able to be in attendance to express his views. Regular City Council Meeting Monday, March 03, 2008 Page 13 Councilmember Ihlan respectfully disagreed, opining that discussions such be ini- tiated, referencing the second option outlined in Councilmember Kough's letter of February 11, 2008. Mayor Klausing expressed confusion with Councilmember Ihlan's preference to initiate discussions, based on her desire at the last Council meeting to include this item on tonight's agenda, based on Councilmember Kough's ability to participate in the discussions. Councilmember Ihlan clarified that it was Councilmember Roe who had requested that Councilmember Kough be included in discussions of this issue. Council- member Roe opined that he was amenable to initial discussions tonight, provided the Council remain respectful of Councilmember Kough's continued service on the City Council and to ensure he's included on any potential vote. Councilmember Ihlan referenced an article in the March 3, 2008 edition of the Pioneer Press on Councilmember Kough's health and position on the City Coun- cil; and his expressed desire that the City Council take up the question on how to fill his seat if he was unable to fulfill his term. Councilmember Ihlan opined that the Council could honor Councilmember Kough for his service by honoring his request to appoint his predecessor, keeping the appointment process pertinent and urgent in case he were required to step down. Councilmember Ihlan noted that Mr. Kough suggested in his letter the option to amend the City Code, or seta pol- icy to appoint the candidate that received the most votes in the last preceding gen- eral City election out of those not elected to the City Council; and opined that this was a reasonable request. Councilmember Ihlan advocated that the City Council make a commitment to follow that proposal to avoid politicizing the decision or show disrespect to Councilmember Kough or his legacy. Mayor Klausing noted that the proposal would provide for appointment of Karen Schaffer, next highest vote-receiver in the preceding election, and noted that any process would be open to the public. Mayor Klausing noted that this was a factor he considered upon his appointment of Ms. Ihlan to the Council vacancy created when he was elected Mayor; and was now a legitimate consideration. However, Mayor Klausing noted that applications were also sought, and public comment heard as well, and he couldn't guarantee in advance to appoint a particular person. Councilmember Pust noted that Councilmember Kough's letter had included two suggestions; and opined that it would be helpful to have him participate in the dis- cussion, since both suggestions were opposed to each other, and she questioned whether he was equally passionate about both options. Councilmember Pust ad- vised that, since Councilmember Kough was unable to be here for the discussion, she would seek him out privately, if not possible publicly, to clarify his intent. Regular City Council Meeting Monday, March 03, 2008 Page 14 Councilmember Ihlan addressed the two options, noting the upcoming election with the Primary already within the six month timeframe. Councilmember Ihlan responded to Mayor Klausing's suggestion for an ordinance amendment, opining that this was a unique situation, and was not similar to previous Council vacan- cies. Councilmember Ihlan further opined that this was a way to follow Council- member Kough's wishes, and an opportunity for the City Council to come to- gether and agree, rather than making a political appointment . Councilmember Roe reiterated individual and corporate Council hopes that Coun- cilmember Kough would be able to serve out his term; and extended the Council's best wishes to Councilmember Kough. However, Councilmember Roe, when faced with the reality of a potential Council vacancy, supported a policy discus- sion on an appointment until the election, with him leaning toward the appoint- ment of someone not intending to run for the vacancy to avoid politicizing the process by appointing incumbency. Councilmember Roe noted that he pledged, when seeking appointment to the former Council vacancy, not to run for the Spe- cial Election, but to serve as a caretaker; and also spoke in support of having the appointment process open to the community by application, noting that there were many good and talented people in the community who may be willing to serve on a temporary basis. Councilmember Roe opined that this would be in keeping with Councilmember Kough's repeated perspective in opening up advisory commis- sion vacancies or appointments. Councilmember Roe expressed his willingness to consider Ms. Schaffer for appointment, but noted that just because someone re- ceived substantial votes, may not be indicative of a broad representation of the community, and would not support making it a policy of the City to appoint the person receiving the most votes and not elected. Councilmember Pust opined that it would be prudent that the Council not use the appointment process prior to the upcoming election to provide someone with an advantage, as it would be unethical to due process. Councilmember Pust con- curred with Councilmember Roe that, if the Council needed to make an appoint- ment prior to the election, that they seek that appointee's pledge that they not run in that election. Councilmember Pust echoed sentiments that Councilmember Kough's health would allow him to serve out his term, and make this a moot point; however, opined that it would disrespect Councilmember Kough's legacy by creating an incumbency, and given the pending election timing, if and when necessary, applicants could be sought to file for ashort-term appointment. Councilmember Ihlan opined that asking people to pledge not to run for an elec- tion would be in violation of their rights; and didn't represent .the democratic process; nor would it be democratic to appoint someone to be a "lame duck" Councilmember, unable to carry out the voice of Councilmember Kough, nor to be accountable to their elective public. Regular City Council Meeting Monday, March 03, 2008 Page 15 It was Council consensus to include this item on the next, as well as future, Coun- cil meeting agenda for further discussion, and hopefully for Councilmember Kough to be able to participate in the discussion. 13. Business Items -Action a. Twin Lakes Public Financial Participation Framework and Cost Allocation Plan Community Development Director Patrick Trudgeon introduced several docu- ments previously discussed at the February 11, 2008 City Council meeting: the Twin Lakes Public Financial Participation Framework and the Twin Lakes AUAR Infrastructure Allocation Study. Twin Lakes Public Financial participation Framework Economic Development Associate Jamie Radel provided a model fora hypotheti- cal development proposal, with two different scenarios based on outlined objec- tives of the framework and scoring criteria and methodology staff would use in bringing various proposals to the City Council.. Discussion included various thresholds for consideration; staff's analysis of scor- ing criteria as a foundation for negotiation between the applicant and City in order to meet City objectives; use of Springsted for in-depth financial analysis and po- tential "but for" testing for tax increment financing (TIF); and the need for the adoption criteria document to be dynamic and flexible, as projects developed. Councilmember Roe noted that the resolution referenced the Public Financial Par- ticipation Framework, and suggested that it be included as an attachment; with Councilmembers concurring. Ihlan moved, Roe seconded, adoption of Resolution No. 10604 entitled, "Adop- tion of the Twin Lakes Redevelopment Area Public Financial Participation Framework;" amended to include the Twin Lakes Public Financial participation Framework document as Attachment A to the resolution. Roll Call Ayes: Roe; Pust; Ihlan; and Klausing. Nays: None. Councilmember Roe commended staff on their work on this framework, provid- ing agood start for the Twin Lakes process. Mayor Klausing concurred; and apologized to staff for time not allowing the Council to act on the document at the previous Council meeting. Mr. Trudgeon noted that the McGough proposal would be coming forward in March, with staff also anticipating discussion in the near future with the City Regular City Council Meeting Monday, March 03, 2008 Page 16 Council on broader infrastructure challenges and design work in the Twin Lakes Redevelopment Area. Mr. Trudgeon advised that McGough had applied for TIF dollars in initial discussions with staff; and noted that staff anticipated that an- other developer in the Twin Lakes Redevelopment Area may also be seeking pub- lic assistance. Infrastructure Imarovements and Cost Allocation Study for the Twin Lakes AUAR Area City Engineer Deb Bloom introduced Traffic Consultant Craig Vaughn, S.R.F. Consulting Group, Inc., who highlighted minor modifications to the study since its last presentation, based on a review of the document in practical use with the McGough Development application and staff; as well as in response to questions and comments of the City Council at their February 11, 2008 meeting. Those comments were specific to pedestrian amenities in the concept plans; whether a sidewalk was included as part of the Fairview Avenue improvement, physical im- pacts to adjacent property owners along Fairview Avenue; flexibility of the con- cept plans for development proposals in the future; and cost assessments or as- signments in the future. Mr. Vaughn noted that roadway cost estimates for concrete median costs associ- ated with roadway infrastructure were increased by approximately $200,000 to account for oversight in that line item; utility concept costs were estimated, during discussions between McGough and staff, and calculations modified based on util- ity cost estimates on land use, with that land area slightly modified; and also that additional contingency costs for stormwater components were increased for po- tential stormwater ponding costs in the future at twenty percent (20%). Ms. Bloom opined that, as a result, staff was confident that the modifications were more reflective of realities and assumptions based on the best information cur- rently available and projected. Ms. Bloom noted that, as with current and past practice, staff anticipated holding public informational meetings for any major construction projects, outside of City Council meetings, with the proposals based on AUAR mitigation strategies previously outlined and detailed. Ms. Bloom reit- erated that these were concepts, and subject to change, but would provide a foun- dation for discussions. Councilmember Roe questioned how, with this first development, agreements and finances could be in place to allow them to be a contributor to mitigation strate- gies triggered by future developments. Mr. Vaughn noted that this discussion had been held between staff and develop- ers, seeking to establish that process, with staff concurring that the approach would be that, as a developer came forward, a portion of collected dollars would Regular City Council Meeting Monday, March 03, 2008 Page 17 not be applied until future improvements proceeded, with development of an es- tablished process and policy to account for future dollars to be drawn on as needed or in a case by case basis. Councilmember Roe observed that if TIF funds were used, all of those funds were not collected in the first year, and as expenses were incurred, but if mitigation strategies changed, a TIF District could be decertified sooner. Ms. Bloom noted that each developer, as they came forward with their various applications, would be subject to negotiated agreements (i.e., PUD and/or TIF). Councilmember Ihlan suggested that, if TIF wasn't used for infrastructure im- provements, anescrow arrangement could be used. Councilmember Ihlan expressed appreciation for including the sidewalk informa- tion in the revised report; however, questioned how those sidewalks could be en- sured should right-of--way not be available, or if no major road imprpvements were occurring or costs allocated. Councilmember Ihlan sought to ensure that the City Council was expecting pedestrian improvements to occur as needed, and not allowed to disappear along the way. Ms. Bloom advised that the City Council could include them as part of the resolu- tion; but reminded Councilmembers that any potential projects will come before the City Council, allowing fora "checks and balance" system, in addition to up- coming meetings of the Pathway Committee later this year, and recommendations could be included for them as part of the Pathway Master Plan. Councilmember Ihlan spoke in support of including the language in the resolu- tion, as a substantial infrastructure component. Councilmember Ihlan also opined that language should insure that all infrastructure improvements be constructed, and if not needed by the development, there should be built in flexibilities to al- low for smaller or non-contiguous roadways (i.e., Twin lakes Parkway). Councilmember Pust suggested that Councilmember Ihlan limit her reference to pedestrian access to protect that area, rather than general infrastructure construc- tion. Klausing moved, Ihlan seconded, adoption of Resolution No. 10605 entitled, "Adoption of the Twin lakes AUAR Infrastructure Allocation Study;" amended as follows: ^ The Resolution include the sidewalk extension improvement chart in the con- cept drawings as referenced in the February 15, 2008 memorandum from City Engineer Bloom; ^ Correct the reference to the correct document -Infrastructure Improvements for the Twin Lakes AUAR Area dated February 2008, prepared by for the City of Roseville; prepared by SRF Consulting Group, Inc.; Regular City Council Meeting Monday, March 03, 2008 Page 18 ^ Insert to resolution, Line 42: "BE IT FURTHER RESOLVED that pedestrian improvements, detailed in Study Attachment D, will be included as part of the study and incorporated into developments as they occur. Roll Call Ayes: Roe; Pust; Ihlan; and Klausing. Nays: None. b. Emergency Medical Services Update Fire Chief Rich Gasaway, along with personnel from the Roseville Fire Depart- ment (Deputy Fire Chief Tim O'Neill); Allina Medical Transportation personnel (Brian LaCroix; Allina Medical Director Dr. Charles Lick; and Director of Exter- nal Operations for Allina Bill Snoke made a joint presentation, updated from their previous presentation in May of 2006, on current emergency medical services (EMS) provided to the City of Roseville, including explanation of how medical calls were handles in the City; differences in training and skill levels for emer- gency responders; and current status of the EMS system. Concluding their report was the personal story of Mr. & Mrs. Leon Schmidt, who were in attendance personally to attest to the quality of response in saving Mr. Schmidt's life. Mr. Schmidt thanked the City Council, Allina and Fire Department personnel, and advocated whatever could be done to save other lives as well. Mr. Schmidt per- sonally thanked the crew on duty that night. Mrs. Schmidt concurred and offered her heartfelt gratitude to responders. Mayor Klausing thanked the responders, and offered the appreciation of the community and City Council as well; and thanked Mr. and Mrs. Schmidt for their willingness to share their personal story. Fire Chief Gasaway introduced the crew on duty that night: Firefighter/EMTs Andrew Winegarden and Neal Sjostrom; Deputy Chief Tim O'Neill; and Shift Commander David Brosnahan. Chief Gasaway noted that in order to allow the majority of firefighters to attend the "Celebration of Life" service held that eve- ning for the Fire Department's Administrative Assistant Sue Wolter, the full-time staff contingent was working that evening. Chief Gasaway opined that Mr. Schmidt's story was an exclamation point on what the department was trying to accomplish. City Manager Malinen acknowledged the crew and their response, and the mov- ing story of Mr. Schmidt, and expressed thanks to the full-time staff for their dedication to being on duty on behalf of the group to attend services for Ms. Wolter. Regular City Council Meeting Monday, March 03, 2008 Page 19 c. Consider Transition of Firefighter Positions to Regular Full-time Status Fire Chief Rich Gasaway and Deputy Chief Tim O'Neill addressed previously City Council authorization in August of 2006 to hire two full-time limited term positions on a trial basis. Chief Gasaway referenced the written Request for Council Action dated March 3, 2008 outlining objectives of the hiring, and addi- tional data related to that temporary hiring. Chief Gasaway noted Relief Associa- tion by-law changes based on that hiring; and requested Council authorization to transition the positions from "limited term" full-time positions to "regular" full- time status. Discussion included utilizing existing personnel rather than posting vacancies; confirming that there would be no additional benefits beyond future COLA ad- justments anticipated; additional stabilization issues for- day-time coverage; any anticipated 2009 budget ramifications; positive adjustments and reallocation of cost savings for and increased hours in training of personnel; use of full-time staff for administrative duties normally paid for part-time employees; and reductions in staffing levels by having more reliable and consistent staffing . Roe moved, Ihlan seconded, authorizing the transition of two "limited-term" full- time positions to "regular" full-time status in the City's Fire Department. Roll Call Ayes: Roe; Pust; Ihlan; and Klausing. Nays: None. d. Recommendation for "Welcome to Roseville" Sign Concept Public Works Director Duane Schwartz presented the written recommendations for "Welcome to Roseville" sign concepts following the Public Works, Environ- ment and Transportation Commission's study. The report suggested three appro- priate locations: 1) East border of Roseville at Rice Street entering on the westbound lanes of Highway 36; 2) North end of Roseville from the north on Lexington Avenue; and 3) On Snelling Avenue. Mr. Schwartz advised that these locations had adequate right-of--way and suffi- cient visibility if the signs were installed, and that other potential locations had higher traffic volumes and right-of--way constraints. The Commission recommended a design concept, included in the report, similar to Roseville City Parks signs, with costs varying depending on their size and in- stallation; with a typical 4' x 8' sign installed at a cost of approximately $4,500, and including a logo panel across the bottom to allow installation of service em- blems of various service organizations, with the signs constructed of Cedar or a Regular City Council Meeting Monday, March 03, 2008 Page 20 more-durable composite type material. Mr. Schwartz noted that, at the request of Councilmember Roe, smaller metal signs that could be located at other locations and entry points, depending on graphics, could be installed for between $200 and $600 each. Mr. Schwartz noted that various representatives from some service organizations were present at tonight's meeting to provide comment to the City Council. Discussion included freeway right-of--way and the permit process; annual mainte- nance costs; anticipated life expectancy of the signs at 10-15 years with minimal maintenance anticipated; landscaping provisions and associated costs; and cost- sharing or city-funding sources. Public Comment Joe Glen Fadden, Post Commander, Roseville VFW Post 7555 Mr. Fadden spoke in support of the signs; noting that this would alert residents and visitors that there was still a VFW in Roseville. Mr. Fadden noted that the organization already donated money to many different organizations and causes in the City (including ball clubs, teams and other causes); in addition to doing things for the City of Roseville as well. Mr. Fadden encouraged the City Council to vote for the signs. Cliff Gustafson, Rosetown Memorial Legion Post Mr. Gustafson opined that the proposed service emblems/logos were of high qual- ity, distributed by their national organization, and were a thing of pride as mem- bers traveled throughout the state, as well as a source of competition among posts. Mayor Klausing asked if Mr. Gustafson could speak to whether the membership intended contributing to the signs. Mr. Gustafson noted that he could not speak for the Post; however, noted that the more publicity available to the Post, the more members they had. Councilmember Pust questioned if Posts in other communities contributed to those Welcome signs. Mr. Gustafson advised that he was unable to say how many Posts had made con- tributions; noting that the goal was to bring support to and involvement with the community, and that it was dong through a number of ways. Mr. Gustafson fur- ther noted that Post funds were limited and used for numerous programs and do- nations; while noting that gambling funds were governed by the MN Gambling Board. Joe Glen Fadden Mr. Fadden advised that at their organization's recent meeting, funds had been al- located to pay for the service club emblems; and that if something was needed for Regular City Council Meeting Monday, March 03, 2008 Page 21 maintenance, their club could assist with that, with the goal of maintaining or in- creasing membership of their club through additional advertising. Wally Myllenbeck, Roseville Lion's Club, and representing 7 service clubs Mr. Myllenbeck expressed appreciation for Mr. Fadden's and Mr. Gustafson's comments; and thanked the Public Works, Environment and Transportation Com- mission for their study and proposed sign design and its various components. Mr. Myllenbeck spoke in support of the proposed locations, noting that the proposed logos included those of the Rotary; American Legions; VFW; Kiwanis; and Lion's. Mr. Myllenbeck announced his pleasure in the further pledged commit- ment of $3,000 collectively from those clubs to offset the cost of the signs, to be paid when the logos were installed. Further discussion included other service organizations; and volunteer time and whether there would be a commitment from the organizations for landscaping and/or maintenance. Cliff Gustafson, Rosetown Memorial Legion Post The speaker noted the percentage of gambling proceeds received by the City from the various clubs; and funds in the Roseville Community Fund used for grants to the clubs for the City's youth and/or elderly, amounting to thousands of dollars annually. Mayor Klausing acknowledged those contributions, and assured the speaker and the public that the City Council was very aware of the good accomplished through those funds. Mr. Jan Vanderwall, member of Roseville Rotary Club, and member of the City's Public Works, Environment and Transportation Commission Mr. Vanderwall noted that signs indicating various service organizations also spoke to the quality of a community when the logos indicated that there was ac- tive volunteerism in the community represented by these service organizations. John Kysylyczyn, 3083 N Victoria Street Mr. Kysylyczyn noted that he was not a member of a service organization, but expressed his perception of the sign's image and questioned if that was the image wished to be portrayed; and questioned the projected cost of each sign above and beyond that originally brought forward, with more signs at a smaller cost origi- nally anticipated. Mr. Kysylyczyn opined that discussing how much of a financial contribution would be made by the service organizations was a reversed priority, and discussion should be in the City voluntarily putting up service logos to recog- nize their contribution to the community. Regular City Council Meeting Monday, March 03, 2008 Page 22 Further discussion included clarifying cost participation from service organiza- tions; city costs based on budget constraints and overall budget concerns; and whether there was consensus support for the concept. Councilmember Roe spoke in support of the concept; opining that the next step would be to determine what to do based on budget available. Councilmember Pust expressed overall interest in the sign design; however, sug- gested that more space be provided between the pathway graphic and "City of Roseville" for easier reading. Councilmember Pust asked that her following comment be taken in the respectful spirit intended, indicating that since this pro- ject was proposed and advocated by Councilmember Kough, and given his health and circumstances, expressed her desire to discuss if there was a way to honor him on the signs, and asked the service organizations to discuss such an idea among their constituency, and suggest how such an honor could be incorporated. Councilmember Pust requested suggestions from staff on more locations on the southern end of the City, perhaps with smaller signs. Mr. Schwartz advised that work on a graphic that would mimic the larger sign, but be installed on a more typical road sign with approval by road jurisdictions and based on right-of--way constraints could be developed. Staff was requested to provide amock-up sign for Council viewing; potential funding sources as they related to the Imagine Roseville 2025 process and goals to identify the community and welcome people; and requested that the City Attorney provide information to the City Council on any first amendment issues to be con- sidered in the Council's development of a policy for criteria of logo placement on the signs. Mayor Klausing thanked the service organizations for their participation; thanked staff for their work; and thanked Councilmember Kough for his continued advo- cacy for these signs. e. Consider a Resolution Authorizing Skating Center Refrigeration System Funding Plan Given the lateness of the hour, Finance Director Chris Miller suggested that his item could be postponed for formal consideration at the same time as the contracts later this spring. Councilmembers concurred. f. Consider a Resolution Establishing a City Position on the North Suburban Communications commission/Columbia Telecommunications Corporation (NSCC/CTC) Report on the Institutional Network Strategic Plan Regular City Council Meeting Monday, March 03, 2008 Page 23 Finance Director Chris Miller provided written recommendations and a draft reso- lution establishing a City position on the North Suburban Communications Com- mission (NSCC) and Columbia Telecommunications Corporation (CTC) regard- ing aproposed strategic technology plan for the Institutional Network (I-Net) used by the NSCC member cities, including Roseville. A copy of the NSCC Ex- ecutive Summary was included in the staff report. Mr. Miller noted that the City's IT Director, Terre Heiser, was available at to- night's meeting for Council questions, as well as representatives of the Roseville School District, also a participant in the I-Net. Mr. Miller advised that a meeting was scheduled by the NSCC later in the week to entertain discussion on the next generation for the institutional network. Mr. Miller noted the advantages for rep- resentatives to the NSCC, Councilmembers Kough and Roe, in various discussion points to best represent the City's policies and positions in this ever-changing in- dustry and in order to protect the City's future interests. Discussion included potential policy statements detailed in the staff report to lay a groundwork; NSCC positions and areas that may be contrary to the City's posi- tion; ensuring connectivity with schools and the Roseville Library; and other in- terests of the network that are secondary to City. After further discussion, it was Council consensus that the specific positions statements #1-4 detailed in the staff report be firmly and specifically stated in the resolution language, outlining policy for the City's representatives to the NSCC. Ihlan moved, Roe seconded, adoption of Resolution No. 10606 entitled, "Resolu- tion Adopting a City Position on a Municipal Funded Private Fiber Network;" amended to insert Position Statements #1, 2, 3 and 4, specifically in the resolu- tion, at Line 151, as detailed in the staff report dated March 3, 2008, as follows: ^ Position Statement #1: The CTC Report has value in that it assessed a poten- tial alternative to the Comcast-provided institutional network. However, addi- tional study and discussion is necessary to conclude whether this alternative is viable or even a preferred option to meet the needs of the City of Roseville. ^ Position Statement #2: A municipal fiber optic communications network ought to encompass not only City-operational needs, but address community- based needs as well. ^ Positions Statement #3: The City's business continuity needs ought to be a component of a municipal fiber optic communications network. ^ Position Statement #4: The City of Roseville should retain ownership and management control of City infrastructure and rights-of--way. Roll Call Ayes: Roe; Pust; Ihlan; and Klausing. Nays: None. Regular City Council Meeting Monday, March 03, 2008 Page 24 14. City Manager Future Agenda Review City Manager Malinen presented tentative scheduling calendars of upcoming Council meetings for review by the Council; and utilized by staff to estimate time allocations for those meetings and items for discussion and/or action, in addition to day-to-day opera- tional issues from staff and advisory commissions and upcoming 2009 budget discus- sions. Scheduling challenges and opportunities for Councilmembers to provide feedback were discussed. 15. Councilmember-Initiated Future Agenda Items None. Regular City Council Meeting Monday, March 03, 2008 Page 25 16. Adjourn The meeting was adjourned at 9:57 p.m. C ig D. Klausing, Mayor ATTEST: t W li J. Malinen From: Craig Klausing [craigklausing@comcast.net) Sent: Monday, March 03, 2008 3:19 PM To: *RVCouncil Cc: Rick Mathwig; Jay Squires; Bill Malinen Subject: Social Host AI I, I had a concern about the social host ordinance to the extent it criminalized certain conduct that I don't think anyone intended to be criminal. Specifically, if a person has friends or family over for dinner and his or her guests permit their older children to have a glass of wine with dinner. Under the original language of the proposed ordinance that person would be subject to criminal sanctions. After talking to Tammy and the attorney about this, I am going to propose we modify the "exceptions" portion of the ordinance to read: "This Chapter does not apply to conduct of an underage person specifically authorized by his or her parent(s) while present in the parent(s)' household or when the underage person and his or parent(s) are guests in the household of another." I think that still gives us the authority to hold adults responsible for the underage drinking while not criminalizing conduct that most would view as within the parents' discretion. Bill, could you print a copy of this email to distribute at the council meeting to make available to the public at tonight's meeting? Thanks. Craig