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HomeMy WebLinkAboutCC_Minutes_2008_0630City of l~~ .~ Minnesota, USA Regular City Council Meeting Minutes City Hall Council Chambers, 2660 Civic Center Drive Monday, June 30, 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: Willmus; Ihlan; Pust; Roe; and Klausing. City Attorney Joe Langel was also present. 2. Approve Agenda Councilmember Ihlan requested removal of Consent Agenda items 7.e and f respectively entitled, "Approve Extension of Janitorial Services Contract with Greenview for PW Maintenance Building, Office and Public Areas;" and "Approve Midland Hills Fulham Street Right-of--Way Encroachment Agreement." 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. Carol Kough Mrs. Kough referenced an article in the most recent edition of the city's newslet- ter regarding trash receptacle storage containers and City Code. Mrs. Kough ad- vised that she was following up on former Councilmember Kough's concerns re- garding the need to change City Code. to reflect safety issues expressed by fire- fighters and combustible materials in those trash receptacles with their storage in a garage. Mrs. Kough encouraged the City Council to discuss those issues with the City's Fire Department for potential City Code revision. Mrs. Kough also addressed her recent attendance at the Comprehensive Plan Up- date meeting, and reiterated former Councilmember Kough's concern that Master Plans and the Comprehensive Plan itself require 4/5 vote of the City Council as mandated by State Statute, and that Master Plans be made part of the Comprehen- sive Plan. Mrs. Kough encouraged those running for City Council this fall to study the Comprehensive Plan and its provisions, and support a 4/5 vote. b. John Kysylyczyn, 3083 N Victoria Street Mr. Kysylyczyn provided several examples of poor video quality of City Council meetings. Regular City Council Meeting Monday, June 30, 2008 Page 2 Mayor Klausing advised that the City's technical staff would be consulted and follow-up provided for a solution. 4. Council Communications, Reports & Announcements & HRA Report a. Councilmember Pust recognized and congratulated Gale Pederson on her recent award as Outstanding Citizen Volunteer of the Year. b. Councilmember Roe reminded applicants of the upcoming filing period for the City Council. 5. Recognitions, Donations, Communications a. Recognize and Accept Residential Mortgage Group Company Donation Roseville Police Chief Carol Sletner reviewed the Residential Mortgage Group program allowing individuals obtaining a loan from their agency the option of do- nating $50.00 to a school, police or fire department in their local community, and the recent donation to the Police Department through this program. Pust moved, Ihlan seconded, acceptance of donated funds in the amount of $50.00 from the Residential Mortgage Group through the "Refer a Friend. Build Your Community," program to the City's Police Department. Roll Call Ayes: Willmus; Ihlan; Pust; Roe and Klausing. Nays: None. b. Recognize Retiring Commissioners While none of the retiring commissioners were present, Mayor Klausing ac- knowledged their individual service and read their specific Certificates of Appre- ciation, thanking each for their service to the community. Those recognized were retiring City Advisory Commissioners; Pamela Bosch of the Human Rights Commission; Randy Neprash of the Public Works, Environment and Transporta- tion Commission; and Michael J. Schneider of the Ethics Commission. c. Amphitheatre Naming and Acceptance of Donation Parks and Recreation Director Lonnie Brokke reviewed the background of former Parks and Recreation Director Frank Rog, who served in that capacity with the City of Roseville from 1960 until 1987; and noted the significant accomplish- ments in laying the critical foundation for the City's park system during his 27 year tenure. Mr. Brokke acknowledged Mr. Rog's significant and exceptional contribution of establishing and nurturing the Roseville Parks and Recreation System through his vision, enthusiasm and efforts, and his unanimous recommendation by the various Regular City Council Meeting Monday, June 30, 2008 Page 3 Parks and Recreation community groups and contributors to name the Central Park Amphitheatre as the "Frank Rog Amphitheatre." Pust moved, Willmus seconded, approval of the naming of the Roseville Central Park Amphitheatre as the "Frank Rog Amphitheatre;" in honor of his significant and exceptional contribution in establishing the Roseville Parks and Recreation System and to the community as a whole. Roll Call Ayes: Willmus; Ihlan; Pust; Roe and Klausing. Nays: None. Roe moved, Ihlan seconded, acceptance and recognition of the significant contri- bution of $25,000 to the Roseville Central Park Foundation to be used for facility improvements to the "Frank Rog Amphitheatre" in Roseville Central Park. Roll Call Ayes: Willmus; Ihlan; Pust; Roe and Klausing. Nays: None. Mayor Klausing recognized Frank and Janet Rog, and presented a plaque of ap- preciation to Mr. Rog. Mr. Rog provided comments and acknowledged those foundations, volunteers, staff, friends, civic organizations, and friends involved in naming this facility in his honor. Mr. Rog introduced his family members who were present in the audi- ence. Mrs. Rog thanked those instrumental in making this recognition happen. Mayor Klausing noted the many things, initiated by Mr. Rog that had touched his life growing up in Roseville; and thanked Mr. Rog for setting the tone with volun- teers and former staff, many of whom were present and still involved in the parks and recreation field in other communities or areas, and noted Mr. Rog's influence. Mr. Rog received a standing ovation from the City Council, staff and audience members. Recess Mayor Klausing briefly recessed the meeting at approximately 6:35 p.m. and reconvened at ap- proximately 6:40 p.m. 6. Approve Minutes a. Approve Minutes of June 16, 2008 Regular Meeting Pust moved, Roe seconded, approval of the minutes of the June 16, 2008 Regular Regular City Council Meeting Monday, June 30, 2008 Page 4 Meeting as presented. Roll Call Ayes: Willmus; Ihlan; Pust; Roe 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 Pa ents $376,222.48 51378-51579 389,926.64 Total $766,149.12 Roll Call Ayes: Willmus; Ihlan; Pust; Roe and Klausing. Nays: None. b. Approve General Purchases or 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 data network switch $5,217.59 Roll Call Ayes: Willmus; Thlan; Pust; Roe and Klausing. Nays: None. c. Approve Business licenses Roe moved, Pust seconded, approval of business license applications for the pe- riod of one year, for the following applicants: A IicantlLocation T e of License Petco #602, 2575 N Fairview Avenue Veterinarian Examina- tion & Inoculation Cen- ter Diadra Decker at Wri ht Touch, 2233 Hamline Massa a Thera ist A Caring Doctor (Minnesota), P. A. Veterinarian Examina- d/b/a Banfield the Pet Hospital #1971 tion & Inoculation Cen- 2480 Fairview Avenue N ter St. Francis Animal & Bird Hospital Veterinary Hospital 1227 Lar enteur Avenue Regular City Council Meeting Monday, June 30, 2008 Page 5 Tower Glen Liquor, 2216-R W County Road D Cigarette Tobacco Brandon Palmer at Mind Body & Soul Massage Therapist 1740 Lexin ton Premier Salons, Inc., d/b/a Macy's Hair Salon Massage Therapy 900 Rosedale Sho in Center Establishment Roll Call Ayes: Willmus; Ihlan; Pust; Roe and Klausing. Nays: None. d. Approve Dallas Leier Request for a Minor Subdivision at 1900 Aglen Mayor Klausing questioned how the City would enforce the removal of the build- ing on Roselawn. Councilmember Roe noted that the shed condition could be enforced against the Roselawn property because the request was for a recombination and subsequent subdivision of both properties, not just a subdivision of the Aglen property. Applicant, Dallas Leier Mr. Leier advised that his mother, owner of the 1000 Roselawn Avenue property had recently died; and he was purchasing the additional 10' from the estate, with removal of the storage shed to follow. Mayor Klausing offered condolences to Mr. Leier on the death of his mother, and thanked him for his explanation. Roe moved, Pust seconded, approval of the request for a RECOMBINATION AND MINOR SUBDIVISION for Dallas Leier to allow the proposed realignment of the property boundary common to 1900 Aglen Street and 1000 Roselawn Ave- nue; based on the comments and findings of Sections 4 and 5, and the conditions of Section 6 of the project report dated June 30, 2008. Roll Call Ayes: Willmus; Ihlan; Pust; Roe and Klausing. Nays: None. g. Adopt a Resolution Approving a Permit to Conduct Lawful Gambling Ac- tivities at 1754 Lexington Avenue (Ol' Mexico Restaurant) for the North Suburban Youth Foundation Roe moved, Pust seconded, adoption of Resolution No. 10639 entitled, "Resolu- tion Approving a Lawful Gambling Premise Permit to the North Suburban Youth Foundation," to conduct lawful gambling activities at Ol' Mexico Restaurant, lo- cated at 1754 N Lexington Avenue. Roll Call Ayes: Willmus; Ihlan; Pust; Roe and Klausing. Nays: None. Regular City Council Meeting Monday, June 30, 2008 Page 6 h. Approve Tuberous Sclerosis Alliance One Day Gambling License at Joe Sen- ser's Bar and Grill at 2350 Cleveland Avenue Roe moved, Pust seconded, approval of a one-day Gambling License for the Tu- berous Sclerosis Alliance to conduct lawful gambling activities on August 16, 2008 at Joe Senser's Sports Grill & Bar located at 2350 Cleveland Avenue N. Roll Call Ayes: Willmus; Ihlan; Pust; Roe and Klausing. Nays: None. i. Reschedule a Public Hearing to Acknowledge the Expenditure of Tax- Exempt Funds for Northwestern College Roe moved, Pust seconded, adoption of Resolution No. 10640 entitled, "Resolu- tion Calling for a Public Hearing on the Issuance of Adjustable Rate Demand Revenue Bonds and Authorizing the Publication of a Notice of the Hearing (Northwestern College Project); scheduling a public hearing for July 28, 2008. Roll Call Ayes: Willmus; Ihlan; Pust; Roe and Klausing. Nays: None. 8. Consider Items Removed from Consent a. Approve Extension of Janitorial Services Contract with Greenview for PW Maintenance Building, Office and Public Areas (former Consent Item 7.e) At the request of Mayor Klausing, City Manager Bill Malinen briefly reviewed the item. Councilmember Ihlan questioned if the contract had gone through a bidding proc- ess. Public Works Director Duane Schwartz advised that the bidding process was not followed, as Greenview was anon-profit employing senior citizens or those in need, and market place cost indicators proved double the cost of continuing with Greenview, thus negating the cost-effectiveness of a formal bidding process for this service. Mr. Schwartz noted that the formal bidding process would be used for the larger campus maintenance contract. Klausing moved, Ihlan seconded, approval of the renewal Maintenance Agree- ment between the City of Roseville Public Works Department and Greenview Janitorial Services at a four percent (4%) increase over the current contract rate, for a monthly cost of $790.00 for janitorial services of the Public Works Mainte- nance Building Offices and Public Areas. Roll Call Ayes: Willmus; Ihlan; Pust; Roe and Klausing. Nays: None. Regular City Council Meeting Monday, June 30, 2008 Page 7 b. Approve Midland Hills Fulham Street Right-of--Way Encroachment Agree- ment (former Consent Item 7.f) At the request of Mayor Klausing, City Manager Bill Malinen briefly reviewed the item. Councilmember Ihlan noted inconsistencies in the indemnification language be- tween the staff memorandum (page 1, line 26) and the agreement itself and ques- tioned if the City was adequately protected from liability with the proposed agreement language. City Attorney Joe Langel was consulted, and advised that the agreement appeared to only address the current fence project. Mayor Klausing concurred with Councilmember Ihlan that the agreement lan- guage needed to be clarified and thanked Councilmember Ihlan for her due dili- gence. Public Works Director Duane Schwartz advised that staff could have City Attor- ney Squires review the agreement and add an additional clause. Councilmember Roe also noted that in the agreement (paragraph 3, 5th line from the bottom), that the language needed to be revised to indicate that that the City was accessing the right-of--way, not easement. It was Council consensus that staff and the City Attorney review and revise the document and return the item for future City Council action. 9. General Ordinances for Adoption 10. Presentations a. Joint Meeting with Public Works, Environment and Transportation Com- mission (PWETC) Mayor Klausing welcomed Commissioners. Four members of the PWETC were present: Chair Jim DeBenedet; Ernie Wallenbring; Dwayne Stenland; and Jan Vanderwall. Chair DeBenedet noted the recent resignation of Chair Randy Neprash. The PWETC provided areas for discussion, including the City's infrastructure in- vestment, the aging of and funding for its replacement; the role of the PWETC in the governing structure and future topics of study or research for the Commission; and allocation of staff time and their role with the Commission's research and study. Regular City Council Meeting Monday, June 30, 2008 Page 8 Discussion included development of the City's five year Capital Improvement Plan and the PWETC's role in the specifics and priorities for implementation of the CIP; request for the PWETC to identifying funding sources for infrastructure maintenance and/or replacement and their input for cost benefit analyses based on age, condition and priority levels; information generation for the public and iden- tification of alternatives to assure the citizens/taxpayers that the City is properly investing in maintenance of the City's infrastructure today in the most cost- effective manner; and the PWETC's creation of a program to develop standards and an inventory for the City's infrastructure similar to the Pavement Manage- ment Plan (PMP) for indexing various conditions of the water, sewer and storm- sewer systems to develop a priority system based on that condition, not just age, to provide the City Council with recommendations to make cost-effective deci- sions and providing alternatives for financing their maintenance and replacement. Further discussion included citizen lack of awareness or concern for underground infrastructure not readily evidenced until it failed and the need to provide addi- tional information and increase their perception of those utilities they depended on, but were not conscious of until their failure; overall budget goals and priorities and policy in maintaining infrastructure reserve funds and the role of the PWETC in that governing structure (i.e., PWETC recommendations for stormwater man- agement, landscaping, tree planting beyond regulations; sustainability; and alter- native modes of transportation); the role of the PWETC in development and/or redevelopment processes in hand with the Planning Commission and Community Development Department and if and when the Commission's input is sought; and the desire of the City Council and the PWETC to be leaders in the field, rather than have a reactionary role. Additional discussion included recognizing the defined roles without duplication of staff's expertise; the Design Review Committee (DRC); that of the Planning Commission and their statutory provisions, and the PWETC in providing advice to the City Council for their decision-making; concern regarding an additional level of bureaucracy or any further increase in the time and/or cost approval proc- ess for developers delay in their specific projects; and proactive review by the PWETC of environmental and sustainability issues for redevelopment projects in cooperation and conjunction with the Planning Commission's review process. Councilmembers recognized the value of the creative thought process provided to the City Council and citizens in their recommendations to the City Council based on individual commissioner perspectives and expertise, providing for a thorough review of various issues; and Councilmembers and the PWETC noted that issues before the PWETC were similar to those issues coming before the City's Com- prehensive Plan Update Steering Committee that would effect the future overall cost for the City doing business (i.e., pathway; landscaping similar to the County Road C streetscape project; and burying arterials when possible); and desirable amenities versus realistic and available funding sources for those amenities Regular City Council Meeting Monday, June 30, 2008 Page 9 Further discussion included possible subcommittee structures within the PWETC for researching various issues to provide timely recommendations to the City Council; innovative recommendations of the PWETC in a proactive leadership role rather than that of reactionary (i.e., golf course water recycling); and sources for the PWETC's advice to the City Council based on accurate research for con- sistency, quality controls, minimum standards, methodology and analysis. Mayor Klausing thanked Commissioners for their work and their attendance at tonight's meeting. 11. Public Hearings a. Public Hearing to Acknowledge the Expenditure of Tax-Exempt Funds for Presbyterian Homes City Finance Director Chris Miller reviewed the purpose of tonight's Public Hear- ing for conduit financing for issuance oftax-exempt bonds for the benefit of Pres- byterian Home's office building, clarifying that the City of Arden Hills, rather than Vadnais Heights was the issuer. Discussion included the status of Hamline Shopping Center, with Community Development Director Patrick Trudgeon advising that none was planned at this immediate time. A representative of the applicant, Presbyterian Homes was in attendance. Mayor Klausing opened and closed the Public Hearing with no one appearing to speak. Klausing moved, Pust seconded, adoption of Resolution No. 10641 entitled, "Resolution Giving Host Approval to the Issuance of a Commercial Facility Revenue Note for a Project by PHM&S Office Building, LLC, located in Rose- ville, MN, under MN Statutes, Sections 469.152 through 369.1651;" acknowledg- ing the expenditure oftax-exempt funds by Presbyterian Homes. Roll Call Ayes: Willmus; Ihlan; Pust; Roe and Klausing. Nays: None. 12. Business Items -Action Items a. Consider Request to Perform a City Abatement for City Code Violations at 3024 Fairview Avenue City of Roseville Permit Coordinator, Don Munson, presented background infor- mation and evidence of current property ownership status and conditions, and proposed abatement proposals and estimated costs, initially allocated and ad- Regular City Council Meeting Monday, June 30, 2008 Page 10 vanced through the Housing and Redevelopment Authority (HRA) abatement fund. Discussion included estimate of staff time and costs for the abatement process de- pending on available contractors and bidding; timeframe for completion of the work; payback of HRA funds through assessment. Cathleen Fuith, 2169 Inglehart Avenue, St. Paul, MN Ms. Fuith provided her perspective on the property's status and the items brought into compliance as of 5:30 p.m. today. Ms. Fuith reviewed the timeframe of City notices and her travel schedule; and requested Council consideration of the work completed to-date. Ms. Fuith referenced an article in the Minneapolis Star/Tribune and requested contractor references or recommendations from the City to assist in finding qualified contractors to perform the work. Ms. Fuith re- peatedly assured Councilmembers of her intent to fully comply with City Code. Mayor Klausing assured Ms. Fuith that it was the City Council's and staff's intent to work with property owners having ongoing code violations, while addressing concerns of neighbors and impacts to their property values when adjoining those properties. Councilmember Pust referred Ms. Fuith to the area Housing Resource Center (HRC) and referred her to Community Development Director Patrick Trudgeon available in the audience tonight for that information. Mr. Munson advised that the photos displayed for Council information were taken at 3:30 p.m. today; and noted that contractors were in evidence, but work re- mained to be completed. Further discussion included an adequate timeframe for Ms. Fruith to complete the remaining work. Pust moved, Klausing seconded, directing staff to abate public nuisance viola- tions at 3024 Fairview Avenue by hiring a general contractor to make required re- pairs; as detailed in the Request for Council Action dated June 30, 2008, if any of the noted violations remain after 10 days, and further directing that the property owner be billed for all actual and administrative costs; and if those charges remain unpaid, staff is to recover costs as specified in Minnesota Statute, Section 407.07B; with costs to be reported to the City Council following the abatement. Mayor Klausing clarified for Ms. Fruith the Council's intent of tonight's action and expectations of Ms. Fruith. Ms. Fruith reiterated her understanding of the requirements of the City and her in- tent to fully comply with City Code in a timely manner. Regular City Council Meeting Monday, June 30, 2008 Page 11 Roll Call Ayes: Willmus; Ihlan; Pust; Roe and Klausing. Nays: None. b. Consider Request to Perform a City Abatement for City Code Violations at 2612 Charlotte City of Roseville Permit Coordinator, Don Munson, presented background infor- mation and evidence of current property ownership status and conditions, and abatement proposals and estimated costs, stemming from ongoing 2007 code compliance issues still pending. Mr. Munson anticipated that Mr. Lee would complete the work prior to filing the abatement, but sought Council action to in- sure completion of the project. Mr. Munson noted that Mr. Larry Lee, property owner, was not present at to- night's meeting. Klausing moved, Roe seconded, directing staff to abate public nuisance violations at 2612 Charlotte, by hiring a general contractor to make required repairs; as de- tailed in the Request for Council Action dated June 30, 2008; if any of the noted violations remain after 10 days; and further directing that the property owner be billed for all actual and administrative costs; and if those charges remain unpaid, staff is to recover costs as specified in Minnesota Statute, Section 407.07B; with costs to be reported to the City Council following the abatement. Roll Call Ayes: Willmus; Ihlan; Pust; Roe and Klausing. Nays: None. c. Consider Adopting a Resolution Approving Request by Dorso Building Company LLC for City Consideration of the Use of Eminent Domain Economic Development Associate Jamie Radel provided background on the re- quest from Opus Northwest, LLC/Dorso Building Company LLP for the City's consideration of eminent domain for an office development on the Dorso property located within the Twin Lakes Redevelopment Area, with specifics yet to be fi- nalized. Ms. Radel introduced Marc Manderscheid of Briggs and Morgan, attorney repre- senting the City; and John Paul Martin of Martin & Squires, attorney representing Mr. Dorso, in attendance at tonight's meeting, noting that both parties had come to agreement to alleviate the City's concerns while meeting tax code requirements for Mr. Dorso. Discussion included comparisons of this request to that originally heard by the City Council in December of 2007; provisions of the Purchase Agreement and re- quested action for tax purposes in extending the time period for acquisition of re- placement property from six months to two years; and clarification of the resolu- Regular City Council Meeting Monday, June 30, 2008 Page 12 tion language and intent to provide favorable tax treatment for Mr. Dorso to pro- ceed with sale of the property based on current tax code provisions (Section 1033). Klausing moved, Roe seconded, adoption of a resolution entitled, "Resolution Authorizing the Acquisition of Certain Property for Public Use by Right of Emi- nent Domain;" authorizing the acquisition of the Dorso Property. Councilmember Ihlan spoke against the motion, reading specific portions and her interpretation of the language and intent, opining that no public purpose was evi- denced, and that she didn't personally approve of the use of Eminent Domain for redevelopment. Councilmember Pust spoke in opposition to the motion based on the use of gov- ernment power in providing tax advantages to an individual, rather than the pri- vate marketplace, and resolution language indicating that the City intended to use its eminent domain powers when it clearly had no such intent. Councilmember Pust recognized Mr. Dorso's benefit as a property and business owner in the community. Councilmember Willmus spoke against the motion as well, referencing past City Council discussions, and opined that the City was not in the business of getting involved in allocating financial breaks to private citizens. Mayor Klausing recognized the comments of fellow Councilmembers; however, spoke in support of the motion, opining that there was a public purpose to be served, and accommodated tax code language was currently written and that this type of action was required to ensure that this land be developed and contributes to the City's tax base. Councilmember Roe spoke in support of the motion, noting that his rationale for support was based on the fact that the City had originally initiated condemnation proceedings, and was being requested by, not forced upon, the property owner, Councilmember Roe noted that, while the City may never proceed with condem- nation, the resolution expresses the intent to do so, and within the context of the Twin Lakes Redevelopment Area, he supported such action. Property owner, Anthony Dorso Mr. Dorso reviewed his status with the City Council, noting that this property rep- resented his largest asset, and that he'd lost his tenant since the City had initially started eminent domain proceedings, and he was faced with an empty piece of property that was difficult to rent due to the uncertainty of redevelopment within the Twin Lakes area. Mr. Dorso requested additional time to find a replacement property via this requested action to avoid returning the property to a truck repair facility. Public Comment Regular City Council Meeting Monday, June 30, 2008 Page 13 John Kysylyczyn, 3083 N Victoria Street Mr. Kysylyczyn spoke in support of the motion; provided his perception of the history of previous Councilmembers and their support for such a reasonable re- quest; and opined that no taxpayer monies were being granted to Mr. Dorso through this action. Councilmember Pust recognized that previous City action had a role in Mr. Dorso's situation; however, when asked to use the City's eminent domain power to negotiate other government entities, she was unable to support such action. Councilmember Pust expressed her willingness to table action if a more amenable solution could be found. Councilmember Roe noted that the City had limited tools available to facilitate redevelopment of this area; agreed that this action was providing a way around the tax code to facilitate redevelopment, but opined that he was more comfortable with the revised language in the proposed resolution within a range of solutions as a reasonable way to complete redevelopment within the Twin Lakes area. Ayes: Roe and Klausing. Nays: Willmus; Ihlan; and Pust. Motion failed. Roll Call d. Discuss Request by Kron Family for City Participation in Sanitary Sewer Service Repair Public Works Director Duane Schwartz provided background as detailed in the staff report and correspondence included in that report dated June 30, 2008; and requested a City Council policy decision in directing staff how to proceed. Property owner Ms. Anna Kron, 1221 W County Road B, was present. Discussion included the age of the connection and standard construction materials used during the 1960's; normal age and wear of those materials; new standard construction materials based on improved technologies; cost differentials in as- phalt versus concrete patches and in type of roadways based on their ratings and use (i.e., Minnesota State Aid roadways versus city arterial streets similar to the City's assessment policy provisions and considerations); and Ramsey County's reduction in the amount of area for concrete patch potentially based on the loca- tion in the shoulder versus the drive lanes. Considerable discussion was held regarding existing City policy; cost share city`s citizen tax base versus individual homeowners and their lateral connections; and the potential for similar problems in areas with aging infrastructure and with simi- lar circumstances. Regular City Council Meeting Monday, June 30, 2008 Page 14 Ms. Kron noted conversations she'd had with several long-term neighbors and their recollection of the original construction circumstances and materials used; and noted that Ramsey County had deemed the situation to warrant consideration beyond their policy; and considering the amount of concrete needing removal for the repair to be made. Public Comment Polly Franke, neighbor at 1233 W. County. Road B Ms. Franke reviewed the history of the area; and opined that this situation had many extenuating circumstances, and encouraged the City's favorable review and fairness to this property owner and the expenses incurred. Ms. Franke noted that various construction projects within the area that had probably weakened the con- nection; in addition to substantial bus traffic in that area. Further City Council discussion included owner/occupant maintenance of their service lines based on city policy and consistent with city code; potential need to revise city code to consider different types of roadways and construction materials of those roadways; funding sources for such a policy change; potential to work with Ramsey County on shared roadways for cost-sharing options; and significant impacts and implications beyond this one homeowner. Polly Franke Ms. Franke opined that this was not a good connection, was subject to erosion from other construction in the area, and while not fitting in the confines of a per- fect policy, it was a hardship to be considered by the City Council. John Kysylyczyn, 3083 N Victoria Street Mr. Kysylyczyn asked that the City Council consider the broader issue and con- sistencies regarding the City's infrastructure system in this day and age, and pre- vious versus current construction materials. Mayor Klausing advised that the City Council was requesting that the City Attor- neyprovide anopinion on possible claims and liability; and to take a broader look at repairs on county versus city streets, asphalt versus concrete; age of the infra- structure and future possible claims in areas of the City initially developed and experiencing aging infrastructure. No formal action was taken on this item. e. Consider Administrative Judge's Ruling Concerning Davanni's Restaurant License Suspension Mayor Klausing advised that this item had been tabled until the full Council was seated. City Manager Malinen briefly reviewed the request. Regular City Council Meeting Monday, June 30, 2008 Page 15 Klausing moved, Roe seconded, based on findings of the Administrative Judge and original recommendation, approval of a $2,000.00 fine and 60 day suspen- sion, allowing Police Chief Sletner to determine the dates of suspension and issu- ance by the Police Department of an Administrative Offense Citation to Da- vanni's in the amount of $2,000.00. Mayor Klausing spoke in support of the motion. Public Comment John Kysylyczyn, 3083 N Victoria Street Mr. Kysylyczyn reviewed the history of Davanni's violations and questioned why the City Council didn't consider revoking the license. City Council discussion included the findings of the hearing examiner supporting the City Council's original action; and potential need for re-evaluation of city code and presumptive policy for revocation. Ayes: lhlan; Roe and Klausing. Nays: Willmus and Pust. Motion carried. Roll Call f. Receive a Revised 2009 - 2018 Capital Improvement Plan (CIP) Finance Director Chris Miller provided brief comment on the revised CIP, provid- ing abroad overview, as well as functional needs with the organization; and in an- ticipation of staff's preparation ofproject-specific summaries to follow in the near future. Mr. Miller advised that staff welcomed comment and additional informa- tion requests of Councilmembers. Discussion included additional detail requested identifying specific costs and pro- jects represented in year-to-year projections (i.e., Fire station facilities); refer- ences to off-setting revenues for CIP items; and how to accommodate future CIP projects. City Manager Bill Malinen noted the identification of various capital needs and the status of the work in progress; echoing Mr. Miller's request for comment from Councilmembers. g. Establishing 2009 Budget Goals and Priorities Mr. Miller noted that this item had originally been on a previous agenda, but not heard due to time constraints. Mr. Miller provided a brief review of requested di- rection from the City Council to establish 2009 budget goals and priorities; and address individual City Council initiatives. Discussion included property tax ceilings; inflationary comments to indicate di- rection for City Manager recommended budget; recognition that everything on the Regular City Council Meeting Monday, June 30, 2008 Page 16 list of priorities would not happen; and need for other funding solutions (i.e., spending or reserves or reducing levels of service). Mayor Klausing opined his priorities for continuing the $5,000 for code enforce- ment efforts; high priority for updating park system master plans, while noting their major cost; and his reduced priority support for speed boards based on the number of other funding needs. Councilmember Pust noted the possible need to reconsider the proposed 3.5% wage increase; expressed her lack of support for a community survey; and sug- gested areduced number of traffic boards; and noted for the public's benefit that all of those items on the priority list would not happen based on budget con- straints. Councilmember Roe suggested that one or two speed boards be initiated and their impact determined; opined his personal preference for an overall increase to the tax levy that is equal to the growth in the tax base of 4-5%, possibly adding a 2- 3%rnaximum increase to keep the tax rate growth within a reasonable rate of in- flation, if necessary. Councilmember Willmus opined that speed boards were not high on his list of priorities; did not support a community survey; strongly supported park master planning; and further opined that economic challenges should be considered if there were ways the City could minimize impacts to taxpayers, noting the recent huge expenditure on the ice arena. Councilmember Ihlan concurred with and voiced similar concerns to those of Councilmember Willmus; opining that the City budget simply meet those cost in- creases required, and in order to maintain reasonable working conditions for staff; and not to consider any new, non-essential initiatives. Councilmember Ihlan opined that she did not support traffic speed boards; and suggested low-cost initia- tives, such as tree ordinance, energy policy for long-term savings, and phasing of the park master planning efforts. Councilmember Roe clarified that he was very supportive of the park master plan process as a priority and wanted to fund as much as possible in 2009. Public Comment John Kysylyczyn, 3083 N Victoria Street Mr. Kysylyczyn asked that the Council include those comments recently provided by the public at the Council's recent opportunity for public budget input. Mayor Klausing assured that those comments would be included in future discus- sions. 13. Business Items -Presentations, Discussions Regular City Council Meeting Monday, June 30, 2008 Page 17 a. Consider a Community Survey to Gauge Public Opinion on City Services City Manager Malinen reviewed the request for Council consideration for a com- munity survey based on the public opinion for overall performance management to establish a baseline for service being delivered today and areas for improve- ment periodically assessed. Pust moved, Willmus seconded, to NOT expend money for a community survey, at an amount of $12,000. Mayor Klausing spoke in opposition to the motion, supporting such an expendi- ture from the Communications Fund; opining that this tool would provide a benchmark for reaching short and long-term objectives and goals of the City. Councilmember Pust spoke in support of the motion; opining that she didn't feel the community would support a survey in light of discussions on budget con- straints; and further opined that it was a negative use of money. Councilmember Roe spoke in opposition to the motion, recognizing the financial concerns, while supporting the approach of City Manager Malinen for perform- ance-based management of the City and this survey as a tool to judge that per- formance. Councilmember Roe noted criticisms of past surveys based on the type of question used; however, opined that he was more confident of this survey to provide reasonable results and serving as a way to gauge the benchmarks. Councilmember Willmus opined that most surveys anticipated a 25-30% return rate, in addition to the rate of error, and then the need for another survey down the road; and spoke in support of the motion. City Manager Malinen reviewed the benefits and national recognition of the Na- tional Citizen Survey and its value as a tool in comparison of city services, as well as comparing those services with other communities as a way to glean more in- formation and learn more in an effort to seek continuous improvement. Public Comment John Kysylyczyn, 3083 N Victoria Street Mr. Kysylyczyn suggested to the city use the University of MN for a more local- ized survey. Council Rules of Procedure Action Mayor Klausing polled Councilmembers on continuation of the meeting; and moved to extend the meeting by 15 minutes to discuss the two remaining agenda items, seconded by Willmus. Roll Call Ayes: Willmus; Ihlan; Pust; Roe and Klausing. Nays: None. Regular City Council Meeting Monday, June 30, 2008 Page 18 Councilmember Pust challenged the public and Councilmembers to review the proposed questions and potential answers and whether they were relevant or timely; noting that only two questions were available to be Roseville-specific. Councilmember Ihlan spoke in support of the motion based on economic reasons; and opined that whether the survey was deemed valuable or not, such an expendi- ture was not possible at this time; and noted that the City Manager's job evalua- tion criteria would need to be changed accordingly. Ayes: Willmus; Ihlan; and Pust. Nays: Roe and Klausing. Roll Call b. Discuss a Proposed Special Election Ordinance Klausing moved, Roe seconded, scheduling a public discussion on the proposed ordinance change at the July 14, 2008 regular City Council meeting. Roll Call Ayes: Willmus; Ihlan; Pust; Roe and Klausing. Nays: None. c. Consider Appointments to Grant Evaluation and Ranking System (GEARS) City Manager Malinen briefly reviewed this request for representation on a joint powers board for transportation issues. Discussion included the vetting process of nominees; and role of the joint board. Mayor Klausing expressed his interest in serving in this capacity as the City's rep- resentative; and briefly reviewed his work to-date and relationship with those par- ties involved. Pust moved, Roe seconded, appointing Mayor Klausing to serve as the City of Roseville's designated voter to cast the City's vote for representation on the Grant Evaluation and Ranking System Committee (GEARS) to rank and evaluate eligi- ble transit projects for submission to the Counties Transit Improvement Board (CTIB); and appointed Mayor Klausing to be nominated for the Grant Evaluation and Ranking System Committee (GEARS). Roll Call Ayes: Willmus; Ihlan; Pust; Roe and Klausing. Nays: None. 14. City Manager Future Agenda Review 15. Councilmember-Initiated Items for Future Meetings 16. Adjourn The meeting was adjourned at approximately 10:20 p.m. Regular City Council Meeting Monday, June 30, 2008 Page 19 t C ig D. Klausing, Mayor ATTEST: Willi alinen, City Manager