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HomeMy WebLinkAboutCC_Minutes_2008_0421City of ~~1s ~~ Minnesota, USA Regular City Council Meeting Minutes City Hall Council Chambers, 2660 Civic Center Drive Monday, April 21, 2008 1. Call Roll Mayor Klausing called to order the regular meeting of the Roseville City Council at ap- proximately 6:00 p.m. and welcomed everyone. Voting and Seating Order: Ihlan; Roe; Pust and Klausing. Mayor Klausing noted that City Finance Director Chris Miller would be filling in for City Manager Bill Malinen, who was unavailable for tonight's meeting. City Attorney Jay Squires was also present. 2. Approve Agenda Councilmember Ihlan requested removal of Consent Agenda Items 7.d. h, i, j for discus- sion, respectively entitled, "Approve Contract Extension with Greenhaven Printers;" "Adopt Resolutions Authorizing the City to Apply for DEED and Metropolitan Council Clean-up Grants for the Xtra Lease and Old Dominion Sites on Behalf of Cent Ventures;" "Adopt a Resolution Authorizing the City to Apply for a DEED Contamination Investiga- tion Grant for the Properties Controlled by CSM Equities LLC and a Resolution Commit- ting Local Match and Authorizing Contract Signature for this Project;" and Adopt a Resolution Authorizing the City to Apply for a DEED Contamination Investigation Grant for the PIK Site on Behalf of McGough Development." By consensus, the agenda was approved as amended. 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 responded to a suggestion at a previous meeting from Mayor Klausing that Mr. Kysylyczyn submit handout materials to the City Council prior to the City Council meeting. 4. Council Communications, Reports & Announcements Mayor Klausing reminded citizens of the upcoming City Clean-up Day, April 26, 2008 with drop off of materials at the Dale Street Soccer Field parking lot from 8:00 a.m. - 2:00 p.m., with the City picking up 1 /3 of the cost of disposal to provide additional incen- tive to residents. Regular City Council Meeting Monday, Apri121, 2008 Page 2 Mayor Klausing highlighted the great turnout at the recent Earth Day Celebration held at the Harriet Alexander Nature Center, and noted that over 95% of the materials used for the pancake breakfast had been recycled. 5. Recognitions, Donations, Communications 6. Approve Minutes a. Approve Minutes of Apri114, 2008 Regular Meeting Pust moved, Klausing seconded, approval of the minutes of the April 14, 2008 Regular Meeting as amended. Roll Call Ayes: Ihlan; Roe; Pust; 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, Finance Director Chris Miller briefly reviewed those items being considered under the Consent Agenda. a. Approve Check Register Klausing moved, Pust seconded, approval of the following claims and payments as presented. ACH Pa ents $384,235.51 50801-50848 357,647.69 Total $741,883.20 Roll Call Ayes: Ihlan; Roe; Pust; and Klausing. Nays: None. b. Approve General Purchases and Sale of Surplus Items exceeding $5,000 Klausing moved, Pust seconded, approval of general purchases and/or contracts as follows: De artment Vendor Item/Descri tion Amount Recreation Green Stuff Lawn Fertilize 19 ark locations $7,085.44 Water Dakota Su I Grou Blanket P.O. /water meters, su lies 40,000.00 Roll Call Ayes: Ihlan; Roe; Pust; and Klausing. Nays: None. Regular City Council Meeting Monday, Apri121, 2008 Page 3 c. Approve Business Licenses Klausing moved, Pust seconded, approval of a business license application for the period of one year, for the following applicant: A licantlLocation T e of License Jennffer Koubsky @ Mind, Body & Soul 1740 Lexin ton Avenue Massage Therapist Roll Call Ayes: Ihlan; Roe; Pust; and Klausing. Nays: None. e. Approve Renewal of St. Paul Fire Department Training Facility Lease Agreement Klausing moved, Pust seconded, approval of renewal of a Facilities Lease (Joint Powers) Agreement between the City of Roseville Fire Department and the City of St. Paul Fire Department for the use of the St. Paul Fire Department's Training Center; and authorizing the City Manager to execute the agreement on behalf of the City. Roll Call Ayes: Ihlan; Roe; Pust; and Klausing. Nays: None. f. Adopt a Resolution Awarding Bid for 2008 Contract B Klausing moved, Pust seconded, adoption of Resolution No.10613 entitled, "Resolution Awarding Bids for 2008 Contract B," awarding the bid to Midwest Asphalt Corporation of Hopkins, MN, in an amount not to exceed $1,173,563.19. Roll Call Ayes: Ihlan; Roe; Pust; and Klausing. Nays: None. g. Adopt a Resolution for Final Acceptance and Maintenance for Public Im- provements Constructed for Bonten First Addition Plat (PF 3703) Klausing moved, Pust seconded, adoption of Resolution No. 10614 entitled, "Resolution for Final Acceptance and Maintenance for Public Improvements Constructed for Bonten First Addition;" and directing the City Engineer to issue a proper order for the final acceptance and activating atwo-year warranty. Roll Call Ayes: Ihlan; Roe; Pust; and Klausing. Nays: None. k. Adopt Resolution of Support for Non-Motorized Transportation Pilot Pro- gram Grant Application Regular City Council Meeting Monday, Apri121, 2008 Page 4 Klausing moved, Pust seconded, adoption of Resolution No.10615 entitled, "Resolution of Support for Grant Opportunities for Bicycle/Pedestrian Facilities along Fairview Avenue from County Road B-2 to Roselawn;" Roll Call Ayes: Ihlan; Roe; Pust; and Klausing. Nays: None. 8. Consider Items Removed from Consent a. Approve Contract Extension with Greenhaven Printers (Former Consent Item 7.d.) At the request of Mayor Klausing, Finance Director Chris Miller briefly reviewed the item, based on the staff report dated Apri121, 2008. Councilmember Ihlan sought clarification that termination language and the abil- ity to revise the number of issues per year were provisions included in the exten- sion of the existing contract. Staff verified that those provisions would be identi- cal to the existing contract language. Klausing moved, Ihlan seconded, authorizing atwo-year contract extension agree- ment between the City of Roseville and Greenhaven Printing, located at 1995 County Road B-2 in Roseville, for printing of the Roseville City News at a cost of $4,075.38 per issue; and authorizing the City Manager to execute the extension agreement. Roll Call Ayes: Ihlan; Roe; Pust; and Klausing. Nays: None. b. Adopt Resolutions Authorizing the City to Apply for Department of Em- ployment and Economic Development (DEED) and Metropolitan Council Clean up Grants for the Xtra Lease and Old Dominion Sites on Behalf of Cent Ventures (Former Consent Item 7.h) At the request of Mayor Klausing, Finance Director Chris Miller briefly reviewed the request for Council Action, based on the staff reports dated April 21, 2008, indicating that Items h, i, and j, were similar to previous environmental clean-up grant funds during their application cycle. Councilmember Ihlan expressed several concerns, noting the May 1, 2008 dead- line for the three separate grant applications, while further noting that several of the land use applications had yet to be submitted at the staff level or having gone through the Planning Commission Public Hearing and City Council process. Councilmember Ihlan noted that Cent Ventures had received approval fora por- tion of the parcels, but not all those indicated in the resolution; and advised that she had been assured by the applicant at Council meetings, as well as outside Regular City Council Meeting Monday, Apri121, 2008 Page 5 meetings, that they would not be seeking money for environmental clean up, as the site was clean. Councilmember Ihlan further advised that she was not as concerned with the grant application for McGough as it had received Concept approval from the City Council, and was for an investigation grant; however she expressed concern with the grant application for CSM LLC at the corner of Cleveland and County Road C without first having seen an application for the intended project. Councilmember Ihlan sought assurance that approval of the grant applications did not bind the City to approve projects site unseen; nor committing to a local match for funding, since it was a significant amount of money. Councilmember Ihlan noted that the staff report indicated that the developers would pay for the local match; however, questioned how that would be assured, when no binding contract or financial agreement had been negotiated or was in place yet. Councilmember Ihlan expressed concern that past environmental studies were not made available to the City, and sought assurances that the City would have full access to the investigation and reports, and be included as part of the conditions attached to any approvals. Mayor Klausing opined that it was his understanding that it was not uncommon that plans had yet to be submitted for approval, as specifically indicated in the staff report, as well as the report addressing that the developer had no rights and would still need to go through the process. Community Development Director Patrick Trudgeon noted that application for the grants seemed premature in the process; however, noted that it was similar to the recent Aeon development of the Har Mar Apartment Complex; with a Memo- randum of Understanding (MOU) being drafted with responsibilities clearly iden- tified. Mr. Trudgeon advised that the conditions indicated by Councilmember Ih- lan could be addressed in the MOU (City ownership/access to environmental in- vestigations and study reports; developer payment of the local match) language as negotiated with each applicant during land use approval processes. Mr. Trudgeon noted that the timing was unusual due to the timing of the grant process and at- tempt to capture state funds during this grant cycle. Mr. Trudgeon noted that all applicants had been made aware that applying for grant funds did not provide them with any special considerations for the approval process, and that staff had advised each applicant that their projects would need to be vetted through the normal process. Staff reviewed the application process and review period (4-8 weeks) by granting agencies; additional time period once awards were made of approximately 2-4 weeks to prepare grant agreements, during which time each project should be fur- Regular City Council Meeting Monday, Apri121, 2008 Page 6 they along in the land use approval process. The City is able to decline grant awards throughout that process. Councilmember Pust asked that staff include their time in making tonight's pres- entation and any grant preparation time, to document the developer's obligation in language of a negotiated MOU, since grant funds would represent money flowing to private developers for their project. Economic Development Associate Jamie Radel advised that staff was not com- pleting the grant applications, nor would staff be responsible for periodic report- ing on grant funds, with the MOU outlining those terms, indicating that the appli- cant would perform those tasks and submit applications and reports to staff for re- view prior to submission to granting agencies. Mr. Trudgeon clarified that Cent Ventures was still working on securing tenants for the property to the north; as well as CSM still working on putting together their project, with only preliminary discussions held at the staff level to-date; however, he noted that by the time of any grant awards (estimated in June of 2008), the projects should be much further along. Councilmember Pust noted that the City had to turnback grant funds already for previous Twin Lakes projects; opining that she didn't want the City to have to re- peat the process, impacting the City's standing and credibility as a grant recipient. Councilmember Ihlan shared Councilmember Pust's concerns; opining the need to be clear with applicants that, even if grant funds are awarded, it doesn't guaran- tee that their project will be approved if it doesn't meet land use criteria and proc- esses; and to ensure that the City's interests and approval processes are stipulated and protected in each MOU. Mr. Trudgeon recognized that the City's credibility is paramount, and noted the need for real projects moving forward. Councilmember Pust opined the need to have all in order before the state made a decision to award grant funds, to allow time for the City to rescind their applica- tion prior to award to allow other worthy projects adequate consideration for award. Councilmember lhlan opined the need, in future policy making, to set a policy that the City doesn't look favorably on this type of application unless the project had received preliminary City Council review beforehand. Councilmember Roe noted that, with past grant fund turnbacks, the funds had ac- tually been accepted; where this one may be viewed differently if grant funds had yet to be accepted. Related to a future policy decisions, Councilmember Roe Regular City Council Meeting Monday, Apri121, 2008 Page 7 opined that smaller projects may not be applicable to such a policy, and moving the process forward maybe more prudent. Ms. Radel clarified a revision necessary for the resolution for the CSM Site, to in- clude the multi-tenant building. Discussion ensued on language in each resolution, based on decontamination or investigation grants, with Ms. Radel noting the actual fund and title for grant funds. Attachment B Roe moved, Klausing seconded, adoption of Resolution No.10616 entitled, "Resolution Approving DEED Contamination Cleanup Grant Application;" for the Xtra Lease and Old Dominion sites. Roll Call Ayes: Ihlan; Roe; Pust; and Klausing. Nays: None. Attachment C Roe moved, Klausing seconded, adoption of Resolution No. 10617 entitled, "Resolution Committing Local Match and Authorizing Contract Signature;" as required by DEED, which will be provided to the City by the developer; and au- thorizing the Mayor and City Manager to execute agreements required by DEED to implement the project. Roll Call Ayes: Ihlan; Roe; Pust; and Klausing. Nays: None. Attachment D Roe moved, Klausing seconded, adoption of Resolution No. 10618 entitled, "Resolution Authorizing Application for the Tax Base Revitalization Account;" for environmental cleanup funds through the Metropolitan Council for the Xtra Lease and Old Dominion sites. Roll Call Ayes: Ihlan; Roe; Pust; and Klausing. Nays: None. c. Adopt a Resolution Authorizing the City to Apply for a DEED Contamina- tion Investigation Grant for the Properties Controlled by CSM Equities LLC and a Resolution Committing Local Match and Authorizing Contract Signa- ture for this Project (Former Consent Item 7.i) Attachment B Regular City Council Meeting Monday, Apri121, 2008 Page 8 Klausing moved, Pust seconded, adoption of Resolution No. 10619 entitled, "Resolution Approving DEED Contamination [/Investigation) ~ [and RAP Development] Grant Application;" for the CSM site; with grant language amended to include the multi-tenant building on the CSM site within the Twin Lakes Project Area. Roll Call Ayes: Ihlan; Roe; Pust; and Klausing. Nays: None. Attachment C Klausing moved, Pust seconded, adoption of Resolutions 10620 entitled, Resolu- tion Committing Local Match and Authorizing Contract Signature;" as required by the DEED, which will be provided to the City by the developer, and authoriz- ing the Mayor and City Manager to execute agreements required by DEED to im- plement the project. Roll Call Ayes: Ihlan; Roe; Pust; and Klausing. Nays: None. d. Adopt a Resolution Authorizing the City to Apply for a DEED Contamina- tion Investigation AND RAP Development Grant for the PIK Site on Behalf of McGough Development (Former Consent Item 7.j) Attachment C Klausing moved, Ihlan seconded, adoption of Resolution No. 10621 entitled, "Resolution Approving DEED Contamination Investigation AND RAP Develop- ment Grant Application;" for the PIK site. Roll Call Ayes: Ihlan; Roe; Pust; and Klausing. Nays: None. Attachment D Klausing moved, Ihlan seconded, adoption of Resolution No. 10622 entitled, "Resolution Committing Local Match and Authorizing Contract Signature;" as required by the DEED, which will be provided to the City by the developer, and authorizing the Mayor and City Manager to execute agreements required by DEED to implement the project. Roll Call Ayes: Ihlan; Roe; Pust; and Klausing. Nays: None. 9. General Ordinances for Adoption Regular City Council Meeting Monday, Apri121, 2008 Page 9 10. Presentations a. Joint Meeting with the Housing and Redevelopment Authority (HRA) Mayor Klausing welcomed members of the City's HRA for a joint meeting with the City Council. Members present were Chair Bill Majerus and Board Members Dean Maschka; William Masche; former Board Member Jeanne Kelsey now City staff member; and Councilmember Tammy Pust; with Board Member Susan El- kins amving later in the meeting. Staff in attendance for the presentation included Community Development Direc- tor Patrick Trudgeon and Ms. Kelsey. Chair Majerus presented a bench handout of the HRA's first quarter update. Discussion among Board Members and City Councilmembers included monitor- ing to-date on foreclosures in the City of Roseville, and additional data collection by staff on those in the redemption period, prior to foreclosure; contacting various agencies and mortgagors; and meeting with Ramsey County to make information sharing with cities more timely. Board Members anticipated having a clearer pic- ture in the near future of impacts to the community. Board Members noted that there were 10 foreclosures in the first three months of 2008, representing a small percentage of the City's housing stock, and speaking to the stability of the City's home ownership market, long-term ownership, and responsible lenders; while noting that there were areas of concern for future review. Further discussion of foreclosures included additional tools to determine foreclosure impacts to the community, as well as being able to ascertain problem areas before foreclosure through enhanced communication with private bankers and utility companies prior to completion of the process. Community Development Director Trudgeon advised of pending state legislation to compel utility companies to notify cities when those utilities are shut off due to non-payment; and attempts to increase communication with private lending facili- ties. Further discussion included staff s attempt to monitor properties, increased rami- fications for property rehabilitation when utilities are shut off (i.e., pipes freezing, increased vandalism if left unsecured) on a case by case basis; and distribution of the ten foreclosures throughout community, rather than centralized. Councilmember Pust cautioned the public that simply because a neighboring property may be indicated as foreclosed on the map, didn't necessarily mean that it was related to the subprime mortgage situation; opining that we didn't know the circumstances of our neighbor or their specific situation. Board Member Maschka sought further direction for the HRA from the City Council related to: Regular City Council Meeting Monday, Apri121, 2008 Page 10 1) the role of the HRA in proposed code enforcement implementation, indicated as a later topic for discussion on tonight's meeting agenda; and 2) the need for strategic planning by the City in the area ofmulti-family housing; with potential revenue bond issues; and what the Council considered as the political feel of the HRA starting to consider such options. Councilmember Pust noted that some HRA funds had been set aside for code en- forcement tools; and questioned if the HRA would consider using some of those monies for abatement, with later reimbursement through property assessments; or use of those funds to hire temporary staff for the summer months for a pilot pro- gram to assist with code enforcement, allowing staff to process citations during the winter months. Board Member Maschka opined that it was a good idea and that the abatement process should be tested; however, was not supportive of funding for administra- tive citations. Councilmember Pust opined that she was not supportive of administrative cita- tions at all; but supported being .upfront with residents by using the abatement process, accomplishing the code enforcement as indicated, and assessing property owners accordingly. Discussion included the type of abatement, with a majority being trash pick up and/or weeds; HRA monies set aside in the amount of $120,000; and where the most could be accomplished, through abatement of trash removal or problem houses. Board Member Maschka opined that there should be social service, and a finan- cial planning, components to code enforcement, particularly in homes where the elderly were unable to maintain their homes anymore, or didn't know where to start. Mr. Maschka opined that there should be a way to advise homeowners on whether it was more economically feasible for them to remain in their home, based on health and financial needs, or if it would be better to sell and move elsewhere. Mr. Maschka recognized that this was a grey area for government, but needed to be a component of code enforcement discussions. Councilmember Pust cautioned that reviews needed to be as broad as possible, without categorizing only elderly citizens in the context of code enforcement is- sues. However, Councilmember Pust concurred with Mr. Maschka that there needed to be more work done in standardizing social service resources for citi- zens, whether faith, government or community-based agencies. Councilmember Roe spoke in support of the HRA's role of educating the public and getting out information to those needing assistance, whether through design standard awareness or local loan programs for enhancement or code enforcement. Regular City Council Meeting Monday, Apri121, 2008 Page 11 Further discussion included whether to use City staff or outsource property abate- ment. Mayor Klausing questioned staff on their intent to define City and/or HRA fund- ing and involvement. Mr. Trudgeon advised that it was necessary to use caution in defining the lines or authority and funding; opining that on a trial basis, involvement of the HRA in funding an interim position was indicated; however, for any permanent staffing, a policy discussion may be required, as currently all code enforcement was funded by the Community Development Department, but may be a function of the Gen- eral Fund Budget. Mr. Trudgeon supported funding for the pilot program from Imagine Roseville 2025 funds, or at the concurrence of the HRA from their funds. Councilmember Pust concurred, that on a permanent basis, she didn't think the HRA should fund staff positions; however, for a pilot program, similar to "Shore- view Shines," HRA funding seemed appropriate. Councilmember Pust noted that, if the program worked, then a discussion could be held on how to institutionalize costs of such a program in the City's budget. Councilmember Ihlan spoke of preference to include the staffing under the Gen- eral Fund, reiterating her ongoing qualms about using the Community Develop- ment Department's Enterprise Funds for accomplishing needed work. Council- member Ihlan opined that if the temporary position was described as an intern po- sition, it may allow for more flexibility. Mr. Trudgeon clarified that he was using standard terminology, but wanted to make sure it was understood by all parties that it was atemporary/seasonal posi- tion, not a regular staff position. Mayor Klausing opined that he would support HRA funding for an interim posi- tion; however, for the purpose of staff resources and lines of supervision, any regular staffing should be a city function. Chair Majerus suggested that, prior to the City Council taking action on code en- forcement options, that they look at the entire range of possible steps and provide recommendations to the H1ZA. Board Member Maschka opined that the ten options proposed by staff represented a great approach and worked well with the strategic goals set by the HRA for en- hanced code enforcement. Mr. Maschka further opined that the social service component maybe appropriate for the HRA to study further, as it was specifically related to the HIZA's concerns with current housing stock, and realities of life needed to be considered and whether code enforcement issues were related to dual Regular City Council Meeting Monday, Apri121, 2008 Page 12 income people working and having no time; elderly being more isolated than in the past; people living longer and needing caretakers; and other difficult situations and family issues. Councilmember Pust also noted the decreased funding for social service agencies and lack of resources in many situations; and the need to make contacts in Rose- ville with community and/or faith based organizations so citizens and staff were aware of additional resources (i.e., Northwest Youth and Family Services). Further discussion ensued as to how the City Council saw the HRA fitting into the code enforcement issue; recognizing the past work done by the HRA on code en- forcement preceding and assisting with proposed implementation of the 10 pro- posals currently before the City Council; need for the HRA to do more brain- storming on multi-family housing issues. Ms. Kelsey addressed the status of the Har Mar Apartment Complex grant appli- cation process, with the application to be submitted in June, with possible award in October/November of 2008; status of other complexes in the community be- ginning extensive rehabilitation with no requested City participation, with the City seeking their funding sources or whether private improvements were being made from association reserves. Ms. Kelsey noted that the Coventry Apartments had just come in fora $3 million building permit, and that staff interaction was helping with communication efforts on various projects. Councilmember Pust clarified that the Coventry project was being funded through conduit bond financing tlirough the City of Falcon Heights. Ms. Kelsey and Board Member Maschka advised that cooperative financing par- ticipation was what was previously referenced as multi-family housing needs and rehabilitation projects were brought forward; with potential creation of a multiple project revenue bond to facilitate that rehabilitation; how it would be structured with the HRA as the facilitating agency; and to what extent the private sector wasn't fulfilling the needs for loan funds. Mayor Klausing opined that he didn't want the City to be the lender of first resort; further opining that upkeep of a facility was often dependent on management. Board Member Maschka opined his interest in having a presentation to the HRA of firms performing REITS (Real Estate Investment Trusts) based on current marketing and financing trends; before the community's multi-family units fur- ther deteriorated and turned into a cancer. Councilmember Roe concurred with Board Members on the multi-family housing unit discussion, opining that it was a good area of housing in the community, and noting that, during budget discussions with the HRA, the multi-family aspect was Regular City Council Meeting Monday, Apri121, 2008 Page 13 discussed, and he encouraged the HRA to further research the marketplace, and update the City Council at their next quarterly report to the City Council. Further discussion included the lack of new apartment buildings in the community over the last ten years; lack of major rehabilitations of those multi-family units to- date, including changing configuration of those units to match the marketplace trends. Mayor Klausing thanked Board Members for their attendance and the good dis- cussion. 11. Public Hearings 12. Business Items -Presentations, Discussions a. Receive Report on Best Value Contracting Parks and Recreation Director Lonnie Brokke; Jeff Evenson; City Attorney Jay Squires; Public Works Director Duane Schwartz Parks and Recreation Director Lonnie Brokke introduced the discussion, noting that in February of this year, Park Project Coordinator Jeff Evenson, Public Works Director Duane Schwartz and City Attorney Jay Squires had attended the Arizona State University (ASU) designed best-value procurement training, or PII'S (Performance Based Information Procurement System), in preparation for the City's Skating Center project for geothermal energy sources. Each participant was present and discussed specific components of their recent training and City Attorney Jay Squires provided a brief presentation on the law and process for Best Value Procurement Methods as related to the Skating Center Arena Project for geothermal energy sources. This presentation was based on their February attendance, along with Public Works Director Duane Schwartz's attendance in February of 2008 of training with the Arizona State University (AU) on best-value procurement processes. City Attorney Jay Squires provided the legal perspective, based on newly adopted law in 2007, MN Statute 16C.02, and key provisions in the law and criteria used in specifications in addition to project price, based on weighting of the criteria and pricing, qualifications for use, and training requirements, including phasing of projects, with no more than one project per year in a three-year period. Public Works Superintendent Duane Schwartz provided comparisons for contract- ing in a low-bid environment versus best value procurement. Mr. Schwartz ad- vised that contracting in a low bid environment included: very low profit mar- gins compared to other industries, thus contractors attempt to make their profit through change orders; high incidence of operating losses; high failure and bank- ruptcy rates; with failure leaving unfinished projects and other liabilities for own- Regular City Council Meeting Monday, Apri121, 2008 Page 14 ers; warranties only as good as the companies behind them; and a high incidence of low owner satisfaction of project outcomes. Mr. Schwartz advised that con- tracting in a best value environment included: the contractor bids to make a rea- sonable profit; the contractor is required to control risk to minimize the chance of change orders; contractors typically put their most skilled and technically compe- tent staff on projects when required to control risk; high performing contractors prefer to work in a negotiated or best value environment; final cost in best value environment has proven through case studies to be as low, or lower, than low bid projects; and it produces a higher satisfaction of outcomes for owners. Park Project Coordinator Jeff Evenson reviewed objectives of best value pro- curement by outsourcing construction to an expert and allowing the expert to minimize risks: creating a true "win-win" relationship with the owner "win" de- termined by a project completed on time; project completed without cost in- creases; high quality/customer satisfaction; and no complaints (owner and public). Contractor "wins" were indicated with a low performer not having the advantage; competition based on the value and expertise; and profits maximized through pre- planning and being efficient (not charging more). Presenters reviewed the six process filters for best value procurement: 1) Past performance information; 2) Proposal & RAVA (risk assessment/value added) similar to design build proposal but no review of pricing information at this point, contractor re- view of plans for how a project is proposed to be built, and they identify any risks they see and provide realistic solutions of any risks; 3) Interview highest performers, with interviews performed of the people proposed to be on site (i.e., foreman, site supervisor, etc. who will actually be doing the project) rather than the owner of the company, which allows for technical information coming out in process; 4) Prioritize (identify best value) all information from the first three filters; at which time this is the first that the price comes in, with a spreadsheet for comparisons; identifying the potential best value contractor, and another series of activities that could throw them out as well; 5) Pre-award phase (pre-plan); and 6) Weekly report and post-rating. Discussion among presenters and Councilmembers included lower long-term costs for best value contracting cost versus low-bid projects; how the initial pool of contractors was determined, with the City teaming up with the University of Minnesota and their survey of a pool of contractors used for past projects and past performance information (up to 25 surveys), similar to design/bid/build, but a more hybrid system; identification of financial risks and/or non-technical infor- mation from their best clients; and making the contractors (experts) provide cost- saving options and rationale for the process and cost implications of proposed changes. Regular City Council Meeting Monday, Apri121, 2008 Page 15 Staff noted that, up to Filter 3, names of contractors are not known, taking any prejudices out of the process; with Filter 2 determining quality, cost and time, will it be built well, within our budget, and will it meet our needs, identifying risks not in the contractor's control, and if not identified, the problem of the con- tractor, not through a change order. Staff further noted that, with the reporting, the City would affect their survey in- formation, so the contractor gains by doing a good job for the City. Mr. Brokke noted that all three of the participants, Duane, Jay and Jeff, were at the top of the class, all went through a complicated testing process, and had each been certified. Mr. Brokke advised that the U of M had been learning to use the ASU Best Value Program since 2005 (3 years) for pilot projects; and that results had shown sig- nificant improvements in overall performance; with the City hoping in the future to work further with the U of M on this process as well. Mr. Brokke advised that the Skating Center project was at approximately Filter 3 right now, with the feasibility study and engineering report completed. Mr. Brokke further advised that proposals were received last Friday and were substan- tially higher than both the feasibility study and engineer's estimates. Mr. Brokke noted that staff was in the process of sorting out the information, meeting with contractors and engineers, and would bring information to the City Council upon completion of their analysis. Additional discussion included part of the analysis including "why" the higher costs; opportunities to lower the cost; whether the uniqueness of a project and limited number of bidders impacted a project (i.e., the geothermal conversion); critical timing of the skating center project and contractors identifying any and all potential risks to the best of their ability that may have added to costs; and com- parisons of this type of process with that of a Request for Proposals process. Mr. Schwartz advised that, while there was lots of interest in best-value contract- ing, there wasn't a lot of knowledge about the process yet; noting that he'd given a presentation to a Public Works Association last week, that also included a pres- entation by MnDOT on the bridge project and subsequent litigation and learning curves yet to be completed. Mr. Schwartz advised that there appeared to be suffi- cient interest in adapting the process to road projects; and there was substantial in- terest in developing a performance history on the set of contractors most used in the State of MN. Councilmember Pust thanked staff for the good and informative presentation. Regular City Council Meeting Monday, Apri121, 2008 Page 16 Councilmember Roe suggested, that it may be in the best interest of Roseville to hire out their trained and certified best-value procurement method staff to other communities and agencies. Mayor Klausing thanked staff for their informative report. b. Discussion on Council Vacancy Mayor Klausing requested City Attorney Squires analysis of whether an ap- pointed candidate could be designated to serve only through a special election or until January 1St when an elected official would normally take office. Mr. Squires advised that it was the interpretation of both him and City Attorney Scott Anderson that the City Council could do so. However, he advised that there was an Attorney General opinion that may take an opposite approach, in their re- view in the context of accelerating a term to November rather than January, with clarification that the constitution states January 1St, thus not allowable. Mr. Squires opined that the interpretation seemed to be one of form over substance and addressed a provisional appointment, with a person elected to complete a va- cancy in term after their election. Mr. Squires advised that his office viewed the situation differently, but it was his concern that if someone were to question the validity of the action for someone not duly-appointed, and that it may be prudent to seek an Attorney General opinion to further clarify the issue and to ensure that the appointee and elected official was seated properly. Further discussion included whether an agreement with the appointee clarifying that they resign immediately following the election; appointment upfront to end at the completion of the special election; whether it was necessary to clarify for can- didates applying to fill the unexpired term of the appointment timeframe; how quickly an Attorney General opinion could be received and if it would be pro- vided prior to appointment; and noting the limited number of meetings impacted between November and January. Councilmember Ihlan opined that in an effort to keep the position public and in fairness, if an Attorney General opinion was sought, that the decision needed to be resolved as soon as possible, and that applications needed to be clear on the ac- tual term of the appointment. Mayor Klausing concurred that an Attorney General opinion be sought. Councilmember Pust concurred that candidates for appointment needed to know upfront if their appointment would be to a date certain in November or a date cer- tain in January, and that two possibilities exist at this time. Regular City Council Meeting Monday, April 21, 2008 Page 17 Further discussion ensued on scheduling and costs of a special election; impacts on interim appointments; determination of whether the current City ordinance ap- plied to this situation; and an opinion from the Attorney General. City Attorney Squires opined that, in his interpretation of State law and the City's current ordinance identifying one circumstance and excluding others, City Code should be amended to reflect this specific proposed action. Mayor Klausing requested. that Finance Director Miller request staff to provide for the next Council packet an update on timing for a special election, assuming no change to the ordinance; and requested that City Attorney Squires prepare a brief memo with his analysis of whether the City's ordinance needs to be amended or not, including the timeframe and notice issues and provisions if an ordinance change was recommended by the City Attorney's office. Councilmember Ihlan opined that while the City Ordinance applied to a specific situation, State law provided clear direction allowing a special election. Mr. Miller advised that the process of staff coordinating a special election would take longer than amending the City ordinance, approximately three months from the City Council's direction; however, he noted that both processes could run con- currently. 13. Business Items -Action Items a. 2008 First Quarter Financial Report In accordance with the City's Operating Budget Policy adopted on May 21, 2007 (Resolution #10503), staff provided a comparison of 2008 revenues and expendi- tures for the period ending March 31, 2008 (unaudited) on the City's fiscal condi- tion. Finance Director Chris Miller advised that, given the short time frame of only three months of operations, there wasn't much to determine trends; however, he noted that it was still good to look at the status periodically. Mr. Miller high- lighted several items from the written staff report dated April 21, 2008 for com- ment, noting those items were being watched closely, without any recommenda- tion to the City Council for a change in direction at this time. Councilmember Ihlan opined that the quarterly report was a good start, taking ex- ception to the comment about not drawing conclusions; and further opined that she would prefer to have more department-specific information in the quarterly report to determine if norms are being reflected, and allowing the City Council to perform their due diligence function. Regular City Council Meeting Monday, Apri121, 2008 Page 18 b. Policy,, Procedure and Ordinance Revisions necessary to implement en- hancements to Roseville's Code Enforcement Program Community Development Director Patrick Trudgeon provided and highlighted changes in the staff report dated April 21, 2008, since the previous presentation. Staff s recommendations were to fund the temporary position at an amount of $15,000 through Imagine Roseville 2025 funds, or through HRA levied funds, rather than through administrative fine fees; for the City Manager or an outside officer to serve as the hearing officer, noting the limited time to research this por- tion of the proposed ordinance (page 3, line 31); clarification that no impacts would be realized in Police and/or Fire Deparhnent administrative fees; and clari- Eying the change in the Prosecuting Attorney Contract for a pilot term. Councilmember Pust thanked staff for listening to the City Council and HRA dis- cussions and preparing these options. Pust moved, Roe seconded, acknowledging and authorizing the following Com- munity Development procedural changes: a. Shortened timeframes for correcting public nuisance violations; and b. Additional educational efforts through the use of brochures to better inform the public about typical public nuisance violations. Roll Call Ayes: Ihlan; Roe; Pust; and Klausing. Nays: None. Given the fact that the HRA had yet to consider or approve specific use of their funds, Councilmember Pust and Mayor Klausing clarified that funds should be considered from the HRA levied funds, but if that didn't come to fruition, funds be set aside from Imagine Roseville 2025 contingency funds instead. Pust moved, Klausing seconded, authorizing staff to hire a seasonal intern to as- sist with code enforcement activities and the neighborhood enhancement pro- gram; with the position to be funded: a) Fund the total amount ($15,060.00) through the budgeted dollars put into the 2008 City Budget to implement results of the Imagine Roseville 2025 process; OR b) Discuss the possibility of using funds from the HRA budget to pay for the sea- sonal intern and neighborhood enhancement program. Councilmember Ihlan opined that there would be an advantage to use the Imagine Roseville 2025 funds, rather than HRA funds, to ultimately avoid crossing lines for staffing. Roll Call Ayes: Ihlan; Roe; Pust; and Klausing. Nays: None. Regular City Council Meeting Monday, Apri121, 2008 Page 19 Councilmember Pust opined that she didn't mind having the administrative fee process in the City's code enforcement tool box, she didn't want it to be a manda- tory step, and wanted staff to be able to use their discretion in how the process should proceed, if through administrative fine or abatement. Mayor Klausing opined that the ultimate goal was to have people in compliance, and if not for the situation to be remedied; and further opined that the administra- tive ticket process seemed less severe and less adversarial than the abatement process, and more likely to produce the overall goals of improving quality of life in the neighborhood. Discussion included staff's current process for notice and administrative ticketing; provisional language in the draft ordinance and discretion of staff through the process; problematic issues with repeat offenders, with the proposed administra- tive ticket process just prolonging the process; need to treat each case equally and uniformly by staff, without differentiation; internal versus external appeal proc- esses; and balancing the rights of individuals versus the rights of the community as a whole. Councilmember Ihlan opined that the City Manager, as the hearing officer, may not be impartial, and recommended an external hearing officer, even though that would delay the process. Public Comment John Kysylyczyn, 3083 N Victoria Street Mr. Kysylyczyn provided two bench handouts and commented that there seemed to be a lot of discussion on a minor situation and the process to remedy those lim- ited situations. Further discussion ensued among Councilmembers, staff, and City Attorney Squires on the process for administrative tickets. Councilmember Pust reiterated her position that, given the limited number of in- stances of non-payment of administrative tickets, staff should have the discretion to determine if an abatement or an administrative ticket was the best course to fol- low. Karen Schaffer Ms. Schaffer expressed her confusion in following the processes, opining that a judicial determination would be made based on whether the fine was paid or not, not whether the violation had been corrected or eradicated. Caroline Bell Beckman, Prosecuting Attorney's Office Ms. Bell Beckman spoke in support of the administrative ticket process from their office's perspective, noting that they had drafted the proposal, currently used by Regular City Council Meeting Monday, April 21, 2008 Page 20 the Cities of White Bear Lake and North St. Paul, and under consideration for Vadnais Heights, their other client cities. Ms. Bell Beckman reviewed current City policy of Roseville, the proposed process; and their office's attempts to util- ize anadministrative offense calendar, rather than appear before a judge, to re- solve those more minor violations, and to eliminate additional court surcharges and assessments, and for the violators to avoid a civil or criminal record, with fines going directly to the City, through a more friendly process. Mark Goggins, Prosecuting Attorney's Office Mr. Goggins advised that the administrative offense calendar served as an alterna- tive dispute resolution process for misdemeanor ordinance violation issues, with the prosecutor representing the City and speaking directly to the violator to achieve resolution, rather than appearing before the judge. Mr. Goggins advised that the violator always had the right to resolve the issue at that point, or take it before a judge or jury trial for their day in court for due process. Councilmember Pust recognized that, as the City's prosecuting attorneys, they were in favor of the administrative ticket option for resolution at the city level, and commended them for their work with people in resolving issues in a timely manner. However, Councilmember Pust noted that by the time the case got to the prosecution stage, the City had already been attempting resolution for six months, and she didn't support another three to four month delay in the process. Ms. Bell Beckman recognized that the violations were a constant source of irrita- tion to neighbors, since they were also in communication with staff; and noted that in certain cases, the law needed to be laid down, but that people needed to be treated similarly based on equal protection issues. Ms. Bell Beckman, on an unrelated note, advised that they were advocating for the District Court to implement community court, as an alternative to DWI court, currently being driven by the City of St. Paul as an option for repeat violators; and sought City Council support to the bench to encourage implementation in District Court. Mr. Goggins opined that, given the number of serious cases being heard by dis- trict judges, even if the City took a case to court, it didn't ensure a favorable judgment, creating additional incentive to resolve the issues before they get that far through the administrative ticket process. Pust moved, Klausing seconded, enactment of Ordinance No. 1366 entitled, "An Ordinance Amending Title 1 (Administration), Section 102 (General Penalty) of Roseville City Code;" to require mandatory payment of Administrative Offense tickets and establish increased administrative penalty amounts for subsequent of- fenses within an 18 month period. Regular City Council Meeting Monday, Apri121, 2008 Page 21 Councilmember Roe noted that staff had clarified that violators were warned, through at least one of the notices, of the potential for an administrative ticket be- ing issued; and offered his support for the motion. Roll Call Ayes: Ihlan; Roe; Pust; and Klausing. Nays: None. Staff clarified with Ms. Bell Beckman that the Prosecuting Attorney contract ex- pired at year end. Ms .Bell Beckman advised that they would proceed at the discretion of the City Council's policy decision; noting that the Council would be aware of the cases be- ing prosecuted either way, and further noting that none of their other client cities have such a clause in their contracts, recognizing that this provision was added in 2002, with only an average of two cases per year being processed through the criminal court system. Ms. Bell Beckman noted that, even though Roseville was their largest client city, they had the fewest citation cases brought to court. Councilmember Ihlan expressed her willingness to make the motion to clarify contract language; however, with the express understanding that the City Council be informed any time a citation was issued; and that staff would report to the City Council after the six month trial period for a review of how the process was work- ing out. Ihlan moved, Klausing seconded, adoption of Resolution No. 10623 entitled, "Prosecuting City Attorney Contract Change;" changing the current prosecuting attorney contract to eliminate Item #18 of that contract until November 1, 2008, at which time the issue will be reviewed again by the City Council. Ayes: Ihlan; Roe; and Klausing. Nays: Pust. Motion carried. Roll Call c. City Council Agenda Order of Business A brief discussion was held regarding revising the City Council Agenda order of business for action items first, followed by presentations. Councilmembers concurred that Agenda items 12 and 13 be rearranged. Ihlan moved, Roe seconded, amendment of Roseville City Council Rules of Pro- cedure Rule #3 (dated February 11, 2008) as follows: Agenda item # 13 entitled, "Business Items - Presentation/Discussion" be moved after current Item #12 entitled, "Business Items -Action." Regular City Council Meeting Monday, Apri121, 2008 Page 22 Roll Call Ayes: Ihlan; Roe; Pust; and Klausing. Nays: None. 14. City Manager Future Agenda Review Finance Director Chris Miller advised that the next Council agenda looked quite lean, with the only major discussion being the pawn shop use; however, noted that the May 12th agenda was extremely full with various land use calendar issues, and interviews scheduled for both the HRA and City Council vacancy, along with other general business items unless, in the interim, staff could shuffle some of those less time-sensitive items. Council consensus was that interviewing of City Council candidates was of the highest priority, and suggested that staff postpone interviews for the HRA vacancy (with the ap- plication period closing on May 1St), unless there was a need to accommodate a specific candidate's schedule. Staff was requested to discuss, at a staff level, a delay in interviewing for the HRA va- cancy, and any ramifications. Councilmember Pust restated that the City Council application deadline was May 7th and encouraged candidates to apply. 15. Councilmember-Initiated Items for Future Meetings 16. Adjourn The meeting was adjourned at 9:13 p.m. Regular City Council Meeting Monday, Apri121, 2008 Page 23 ATTEST: Willi J alinen, City Manager t Cr g D. Klausing, Mayor i~ -._ L~ It ^. t --~ • It s 1 ~~ 1~ 1~ ~~•^ V, .••^~ V, 0 •- ~--+ L O ~ L .~ 4) U }' C6 ~ i ~ ~U o ~ U ~ L Q ~ ~ O _ ~ ~ ~ i W .^• W 0 -~ 4~ 0 U ._ .~ CCS i a~ ,L- • W ~~ ~ . ~~ • ^ ~~ v+ ^~•• WW ._- 0 ^= L -~--+ (/~ L 0 L •V ~ O ~ ~~ ~ ~ 4) U ~ ~ ~ ~-' ' ~ ~ ~ ~ O ~o~' ~~ ~ - ~ c~ ~ ~ ._ ~ ~ V ~- ~ ~ v~ ~ _ ~ ~ O ~ ~ • 1 ~~ ~ ~'^ ^' _ m V a ~' o~ a a ~ t~ tr ,~ o ~' ,~ c.v ... ac w 0 ,~ ~g N a ~I a ~ ~ ~ ~ ~ $ ° ~~ n a O ~ ~ W p G ~ 2 O ~ ~ ~ ~ ~ O C W Q V WVLL ~ ' ~ - Z C O N O C O . p Q ~ yy ~D ~ ~ 0 ~ ~j D ~ W ~ LL W1 J Q ~ N N U ~ LL S ~ A ~ L~ LL ~ 5 e +~ ~ ~ ~ J ~ ~ ~. 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