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City Council


City Council Meeting Minutes

December 10, 2012

 

1.         Roll Call

Mayor Roe called to order the Roseville City Council regular meeting at approximately 6:00 pm and welcomed everyone. (Voting and Seating Order: Pust; Johnson; Willmus; McGehee; and Roe).  City Attorney Mark Gaughan was also present. 

 

Mayor Roe welcomed the Roseville Goodpellas A Cappella Singers from the Roseville Area High School; and they opened the meeting with the National Anthem and shared a Christmas carol.

 

Retiring Councilmembers Tammy Pust and Jeff Johnson were formally recognized by Mayor Roe and City Manager Malinen, following a public reception in the lobby immediately prior to tonight’s City Council meeting.

 

Mayor Roe noted Councilmember Pust’s service on the City Council through election in 2005, and service for two (2) terms.  Mayor Roe highlighted Councilmember Pust’s initiative in pursuing the Imagine Roseville 2025 community visioning process; and his pride in participating in that program as a member of the community. 

 

Mayor Roe noted Councilmember Johnson’s election in 2008 and service for one (1) term, an eventful time on the City Council.  Mayor Roe expressed his pride in association with Councilmember Johnson; and highlighted his work as a member of the City’s Capital Improvement Program Subcommittee to establish a sustainable track for long-term City finances.

           

Mayor Roe expressed his appreciation of both Councilmembers Pust and Johnson as he had first gotten to know them in the community and then through service together on the City Council; and stated that they were both “good people”; and he was grateful as a member of the community for their service on the City Council, a challenging and rewarding position.”

 

Mayor Roe presented service plaques to Councilmember Pust and Councilmember Johnson.

 

City Manager Malinen stated that he had been “honored and privileged to work with you as a City Manager; and on behalf of the City’s employees and Department Heads, we want to say thank you for your efforts and dedication to improve our community and Roseville citizens.”  A long-stemmed red rose was presented to each, as well as a symbolic rose memento.

 

Councilmember Pust advised that she didn’t have a prepared speech as she had hoped to convince Councilmember Johnson to perform a song with her; however, to no avail.  Councilmember Pust stated that it had been “a great honor to serve on the Roseville City Council; fun, humbling, and I’ve learned a lot.”  Councilmember Pust noted that she hoped that her service had contributed to the strength and warmth of the community

 

Councilmember Johnson addressed Mayor Roe, City Manager Malinen, fellow Councilmembers, City Attorney Mark Gaughan, Recording Secretary Sheila Stowell, City staff, and honored guests, by stating that “it has been a privilege to serve the community;” and encouraged others to serve in whatever level they could.  Councilmember Johnson expressed his appreciation and privilege in having served with former Mayor Craig Klausing, former Councilmembers Amy Ihlan and Dean Maschka, Mayor Dan Roe, and Councilmember Tammy Pust over the last four (4) years.  Councilmember Johnson noted that it had held some unique challenges, including the Comprehensive Plan and Zoning Code updates as several of those big projects; as well as major projects undertaken by the current City Council under the leadership of Mayor Roe and Councilmembers Tammy McGehee and Bob Willmus.  Councilmember Johnson stated that it was a great team, and he was proud to have participated in discussions with fellow Councilmembers, and while they don’t all agree, it would be a boring world, and Roseville wouldn’t be the great city it is today if not for that dynamic.  Councilmember Johnson stated that it had been an honor and privilege to work with all of them.  Councilmember Johnson also thanked his wife Mary and children for a lot of give and take on their parts as well.  Councilmember Johnson welcomed Councilmembers-elect Jason Etten and Lisa Laliberte, opining that they would prove great additions to the City Council, and would make his leaving easier by having those great people on the team.  Councilmember Johnson concluded by saying he looked forward to “seeing you in the other side.”

 

Councilmember Willmus expressed his appreciation for what both Councilmembers Pust and Johnson had done for the Roseville community, and the current team’s ability to sit at this dais and, while disagreeing about significant issues affecting this community, still be cordial with each other, stating “that’s what it’s all about.”  Councilmember Willmus expressed his appreciation for their service; and encouraged both of them at some point to get and stay involved and keep up what they do.

 

Councilmember McGehee thanked both Councilmembers Johnson and Pust for their service and kind remarks; and stated that she “looked forward to working with Jeff in the future on some unfinished City Council business.”  Councilmember McGehee expressed appreciation for their participation in discussions; and for Councilmember Pust’s support on some of the issues she had supported over the last year.  Councilmember McGehee opined that they had been a good team, even when not agreeing; that it had never been boring, and she again thanked them both.

 

2.         Approve Agenda

Mayor Roe noted that one of the bidders for that item had requested removal of Consent Item 7.e entitled, “Award Contract for Demolition of the Buildings on the PIK Terminal Co. Limited Partnership Property located at 2680/2690 Prior Avenue.

 

Mayor Roe further noted removal of Business Action Item 12.e entitled, “Community Development Department Request to Issue a Ramsey County Court Citation for Unresolved Violations of City Code at 1927 Rosedale Drive.

 

Johnson moved, Willmus seconded, approval of the agenda as amended.

                                   

Roll Call

            Ayes: Pust; Johnson; Willmus; McGehee; and Roe.       

            Nays: None.

         

3.         Public Comment

Mayor Roe called for public comment by members of the audience on any non-agenda items. 

 

a.            Dean Jilek, Choir director at Roseville Area High School (RAHS)

Mr. Jilek advised that the RAHS Junior and Senior Choir had been selected to sing at the National Convention in Dallas, TX, only one out of four chosen from across the nation to participate.  Mr. Jilek noted that the last high school choir from Minnesota to perform had been the Owatonna High School in 1980.  As a Choir Director, Mr. Jilek expressed the privilege in this honor; and stated that he was gracious and humbled for RAHS and him to have such an opportunity, attributable to the fantastic Fine Arts/Music Department at RAHS.  For the public’s information, Mr. Jilek advised that the cost of the trip for the Choir would be approximately $44,000 and for those community members wishing to contribute to that cost, they could do so on line at givemn.org/RAHS Choirs.

 

Mayor Roe and Councilmembers collectively thanked Mr. Jilek and the students for providing the music tonight and wished them well.

 

b.            Eugene Bahnemann, 2656 N Lexington Avenue

Mr. Bahnemann stated that there were non-union workers working on the state-of-the-art fire station; that there were no union City staff; that there were no union firefighters; and questioned why there were union Police officers; since it could cut out a whole lot of money from the City budget.

 

4.            Council Communications, Reports, Announcements and Housing and Redevelopment Authority (HRA) Report

 

Mayor Roe announced, as identified by the Beyond the Yellow Ribbon of Suburban Ramsey County, an opportunity and encouraged citizens to send a Christmas card to a wounded American Veteran at:

A Recovering American Soldier

c/o Walter Reed Medical Center

6900 Georgia Avenue NW

Washington, D.C. 20037-5001

 

Councilmember Willmus advised that over the weekend the Roseville Area Youth Basketball Association had held their annual tournament, utilizing a number of gymnasiums in the community shared by the School District and City of Roseville.  Councilmember Willmus, personally and on behalf of the Association, thanked the City’s Parks and Recreation Department for their ability to plow out parking lots Sunday morning to facilitate the numerous out-of-town teams at the tournament.  Councilmember Willmus noted that the same event had been cancelled several years ago due to a significant snow event; but this year the tournament was able to continue due to those efforts made.

 

5.         Recognitions, Donations, Communications

 

a.         Recognize Goodmanson Construction Inc. for their Generous Sponsorship of the New Year’s Eve Celebration at the Roseville Skating Center over the Last Seven Years

 

Kevin Elm, City of Roseville Recreation Supervisor

Mr. Elm noted that Merl and Cami Goodmanson were unable to attend tonight, as they were out-of-town.  Mr. Elm expressed appreciation to the Goodmanson’s and their construction firm, for their continued financial and logistic support of the New Year’s Eve Celebration on Ice hosted at the Roseville Skating Center for the 20th year.  Mr. Elm recognized the generosity of the Goodmanson firm not only this year, but recognized that 2012 will be their seventh consecutive year in this local business’s anchor sponsorship of the event.  Mr. Elm reviewed that this was not only through their significant financial support, prize materials, printing and distribution of promotional fliers and materials, as well as their willingness as a local, small business to continue leadership for this annual safe, affordable, family event.

 

J. P. Turner, Sales Representative for Goodmanson Construction

On behalf of the Goodmanson family and construction firm, Mr. Turner stated that they were “really super happy to be a part of this annual event, and that it remained of huge importance to the Goodmanson family and its employees.  Mr. Turner recognized the support received this year from other groups and contractors with whom they worked, allowing more promotion for the event this year.  Mr. Turner encouraged everyone to attend, and bring their families to this great event; and thanked the City for allowing it to contribute.

 

On behalf of Goodmanson Construction and their family, Mr. Turner presented a symbolic check to Mayor Roe in the amount of $50,000, representing the firm’s estimated contribution over the last seven (7) years.

 

Mayor Roe and Councilmembers collectively thanked the firm and their families for their ongoing support.

 

Willmus moved, Pust seconded, recognizing Cami, Merl and Rick Goodmanson and Goodmanson Construction, Inc. for their generous and significant sponsorship over the past seven New Years Eve Celebrations at the Roseville Skating Center.

Roll Call

            Ayes: Pust; Johnson; Willmus; McGehee; and Roe.        

            Nays: None.

 

            b.         Accept and Recognize General Donations to the City of Roseville

Parks and Recreation Director Lonnie Brokke also expressed his personal appreciation and that of the Parks and Recreation Department staff to Goodmanson Construction.  Mr. Brokke noted that it was through the overall generosity of community that made things better in Roseville.

 

Mr. Brokke read the series of donations to the City of Roseville that were being recognized tonight, as listed in Request for Council Action (RCA) dated December 10, 2012.

 

McGehee moved, Willmus seconded, authoring acceptance of and recognition for the donations as listed in the Request for Council Action (RCA) dated December 10, 2012.

 

Roll Call

            Ayes: Pust; Johnson; Willmus; McGehee; and Roe.        

            Nays: None.

 

6.         Approve Minutes

Comments and corrections to draft minutes had been submitted by the City Council prior to tonight’s meeting and those revisions were incorporated into the draft presented in the Council packet.

 

a.            Approve Minutes of December 03, 2012 Meeting

McGehee moved, Willmus seconded, approval of the minutes of the December 03, 2012 meeting as presented.

 

Roll Call

            Ayes: Pust; Johnson; Willmus; McGehee; and Roe.        

            Nays: None.

 

7.            Approve Consent Agenda

There were no additional changes to the Consent Agenda than those previously noted.  At the request of Mayor Roe, City Manager Malinen briefly reviewed those items being considered under the Consent Agenda.

 

a.            Approve Payments

Johnson moved, McGehee seconded, approval of the following claims and payments as presented.    

 

ACH Payments

$636,085.73

68393-68446

992,923.98

Total

$1,629,009.71

 

Roll Call

            Ayes: Pust; Johnson; Willmus; McGehee; and Roe.        

            Nays: None.

 

b.            Approve Business & Other Licenses & Permits

Johnson moved, McGehee seconded, approval of license applications for the following applicants:

 

Roll Call

            Ayes: Pust; Johnson; Willmus; McGehee; and Roe.        

            Nays: None.

 

Applicant/Location

Type of License

Ray Anderson & Sons Co., Inc.

930 Duluth Street; St. Paul, MN

Solid Waste Hauler

 

c.            Approve General Purchases and Sale of Surplus Items in Excess of $5,000.

Johnson moved, McGehee seconded, approval of the following purchases and/or contracts for service:

 

Department

Vendor

Description

Amount

Utilities

Ferguson Waterworks

AMR Residential Water Meters

$88,460.44

Utilities

Ferguson Waterworks

AMR Interface Units

99,444.33

Utilities

Ferguson Waterworks

AMR Commercial Water Meters

35,437.46

 

Roll Call

            Ayes: Pust; Johnson; Willmus; McGehee; and Roe.        

            Nays: None.

 

d.            Roseville Energy Action Conservation Team (REACT) Report

Johnson moved, McGehee seconded, receipt of the REACT Energy Use Update.

 

Roll Call

            Ayes: Pust; Johnson; Willmus; McGehee; and Roe.        

            Nays: None.

 

f.             Renew Electrical Inspector Contract for 2013

          Johnson moved, McGehee seconded, approval of the 2013 Service Agreement with Tokle Inspections, Inc.; and authorize the Mayor and City Manager to execute the agreement, contingent upon review and approval by the City Attorney.

 

                                    Roll Call

            Ayes: Pust; Johnson; Willmus; McGehee; and Roe.        

            Nays: None.

 

g.            Receive Feasibility Report and Set Public Hearing for County Road D Reconstruction Project

          Johnson moved, McGehee seconded, adoption of Resolution No. 11033 (Attachment A) entitled, “Receiving the Feasibility Report for County Road D Reconstruction and Ordering Public Hearing for the Improvement on January 26, 2013.

                                    Roll Call

            Ayes: Pust; Johnson; Willmus; McGehee; and Roe.        

            Nays: None.

 

h.            Approve a Resolution of Support for Metro Transit’s Snelling Avenue Bus Rapid Transit Project Funding Request

          Johnson moved, McGehee seconded, adoption of Resolution No. 11034 (Attachment A) entitled, “Resolution in Support of Metro Transit’s Funding Request from MnDOT through the Chapter 152 Statewide Transit Grant Solicitation Program;” for the Metro Transit Snelling Avenue Bus Rapid Transit Project and funding application.

                                   

                                    Roll Call

            Ayes: Pust; Johnson; Willmus; McGehee; and Roe.        

            Nays: None.

 

i.             Approve an Agreement between the City of Roseville and Capitol Region Watershed District for the Villa Park Wetland Restoration Project

          Johnson moved, McGehee seconded, approval of a Joint Powers Agreement (Attachment A) between the City of Roseville and the Capitol Region Watershed District (CRWD) for the Villa Park Wetland Restoration Project.

 

                                    Roll Call

            Ayes: Pust; Johnson; Willmus; McGehee; and Roe.        

            Nays: None.

 

j.             Request Council Approval to Rescind Award Bid for Landscaping Contract for Failure to Furnish Performance Bond and Award Contract to Next Lowest Bidder

          Johnson moved, McGehee seconded, rescinding the landscaping services contract to Noble Nursery and award the contract to the next lowest bidder, Gardeneer, Inc.; in an amount not to exceed $86,225.

 

                                    Roll Call

            Ayes: Pust; Johnson; Willmus; McGehee; and Roe.        

            Nays: None.

 

8.            Consider Items Removed from Consent

 

e.            Award Contract for Demolition of the Buildings on the PIK Terminal Co. Limited Partnership Property Located at 2680/2690 Prior Avenue

City Engineer Debra Bloom reviewed the background, process, and review of bids related to this project; and resulting staff recommendation for the second lowest bidder, as detailed in the RCA dated December 10, 2012.  Ms. Bloom reviewed specifics in the bid documents related to use of MnDOT approved contractors; and the findings of staff and the City Attorney as those special conditions prevailed over general instructions to contractors for the bidding process itself.  Ms. Bloom noted that nine (9) bids had been received initially, with only four (4) of those bidders found to comply with specifications during the course of the contract when the City provided additional information related to that specific condition, and with the exception of Urban Companies, those companies had chosen to withdraw their bids.  Ms. Bloom opined that it was the consensus of staff and the City Attorney that it was unfair to other bidders to change that bid once opened; and advised that the recommendation stood as presented.  Ms. Bloom noted the minimal difference in the bid between the two (2) lowest bidders.

 

City Attorney Gaughan concurred with staff’s recommendation as presented.

 

At the request of Councilmember McGehee, Ms. Bloom provided additional detail on the rationale in staff’s application of MnDOT approved contractor lists, particularly recognizing the need for proven past performance by contractors in addressing this significantly contaminated site and the process to be used during demolition and removal of hazardous materials from the site.

 

Greg Van Gilder, Director of Operations, Urban Companies

Mr. Van Gilder distributed a letter to Mayor Roe and Councilmembers at the bench, and referenced those written comments during his presentation; and rationale in requesting reconsideration of staff’s recommendation.

 

As low bidder for this project, Mr. Van Gilder noted their firm’s previous use of an abatement contractor that did not make their firm legally bound to use that particular firm; and offered their willingness to switch to a MnDOT approved contractor.  Mr. Van Gilder noted that five of the nine contractors had missed that specific condition on page 218 of the bid documents; and reviewed the Urban Companies’ many projects within the metropolitan area and their expertise.  Mr. Van Gilder asked, as indicated in the letter, for an opportunity to switch to a MnDOT approved contractor; and referenced the letter from their firm’s legal counsel showing precedents allowing them to do that. 

 

At the request of Councilmember McGehee, Mr. Van Gilder advised that nothing on their bid would change with the exception of the abatement contractor to one approved by MnDOT.

 

At the request of Councilmember Johnson, City Attorney Gaughan reviewed the process issue for consideration of this item.  City Attorney Gaughan reviewed the fourth paragraph of the Urban Companies letter as distributed, their firm’s rationale as to why they should be awarded based on waiving minor irregularities; and the City Attorney review and finding that this is not a minor irregularity and that the City was not able to waive it as requested.  Mr. Gaughan reviewed potential risk to the City from other bidders that they may deem any such action by the City as a material change and give rise to exposure for the City. 

 

City Attorney Gaughan reviewed the choices before the City Council: award the bid as recommended by staff or reject all bids.  If the City Council awards the bid tonight, they should do so based on awarding the contractor who complied with the specifications for MnDOT approved contractors on the list.

 

At the request of Councilmember McGehee, City Attorney Gaughan advised that if the City chose to rebid the project, there would be next to zero liability exposure to the City by rejecting current bids and rebidding it.

 

At the request of Councilmember Willmus, City Engineer Bloom advised that she was unaware of any time constraints for the projects other than the projected drop in steel prices after the first of the year; with the work proposed for winter since there were no foundations to dig up and the work would consist primarily of knocking down walls.  Ms. Bloom estimated that it would require approximately three weeks to advertise and rebid the project; further clarifying the MnDOT approved list , with opening the end of January and award in February of 2013.

 

At the request of Councilmember Pust, City Engineer Bloom reviewed staff’s rationale in requiring MnDOT approved contractors for this work, even though other communities don’t use that specific list.  In working with Mark Vogel with MnDOT, and based on their exposure and experience, Ms. Bloom advised that staff felt it was prudent to include that specific condition for this in-house bid specification project.  However, Ms. Bloom offered to further research and consult regarding other testing companies.

 

Councilmember Pust questioned why, if using the MnDOT approved list of contractors was reasonable, other communities (e.g. City of Minneapolis) who do significant projects similar to this one, chose not to do so.

 

Noting the minimal difference in the two (2) lowest bids for the project, Councilmember Johnson questioned if the additional staff and attorney time to rebid the project would supercede the difference in those two bids; and rebidding the project; or if it would make more economical sense all around to approve the second lowest bid and move forward.  With all due respect to Urban Companies and Mr. Van Gilder, Councilmember Johnson noted that they did not meet the criteria, and if the City was only rebidding the project to address their concerns, he was not in favor of rebidding the project.

 

Ms. Bloom estimated an additional 10-20 hours of staff time to prepare to rebid, repackage it, and hold another meeting on site; in addition to City Attorney time and fees.

 

City Attorney Gaughan advised that their time would fall within the realm of their base retainer.

 

McGehee moved, Johnson seconded, to REJECT all bids and authorize staff to rebid the demolition project for buildings on the PIK Terminal Co., Limited Partnership property located at 2680/2690 Prior Avenue, using the same specific condition for MnDOT-approved contractors.

 

Beyond this action, Mayor Roe suggested that staff further research consideration and rationale in use of the MnDOT approved list, as well as consulting with other communities and agencies on their practices.

 

Mayor Roe noted that all costs related to this demolition project would be assessed to the PIK property owner, as indicated in the RCA.

 

Roll Call

            Ayes: Pust; Johnson; Willmus; McGehee; and Roe.        

            Nays: None.

 

12.         General Ordinances for Adoption

 

a.    Adopt an Ordinance Amending City Code, Chapter 314.053: Charging of City Attorney Fees

City Manager Malinen summarized this requested action, as detailed in the RCA dated December 10, 2012; and proposed ordinance (Attachment A) identifying changes needed at this time to allow the City to charge City Attorney fees to specific developers for applicable land use items.  City Manager Malinen advised that staff would then come back with something more comprehensive for the future; however, thought this would suffice and satisfy needs and provide clarity for developers and the public in the interim.

 

McGehee moved, Willmus seconded, enactment of Ordinance No. 1432 (Attachment A) entitled, “An Ordinance Amending Title 3 by Amending Chapter 314.053 of Roseville City Code Regarding the Fee Schedule.

 

Roll Call

            Ayes: Pust; Johnson; Willmus; McGehee; and Roe.        

            Nays: None.

 

13.         Presentations

 

a.            Watermain Lining Presentation

Public Works Director Duane Schwartz introduced Mr. Carney, who presented current industry trends to address current degradation of infrastructure systems across the nation. 

 

Chad Carney, U. S. Business Manger/Water Group, 3M

Mr. Carney commended the Roseville Public Works Department for their professionalism and knowledge of the City’s infrastructure systems.

 

During the presentation, Mr. Carney reviewed the innovative 3M “Pipe Renewal Liner 2400” product; the approval of the product by several third-party regulatory agencies; the advantages and cost-effectiveness of trenchless technologies; specifics of poly urea chemistry and longevity of the material, and certified 50-year life cycle of the application, with future and similar applications also then available.  Mr. Carney reviewed the precision equipment and process involved in application of the materials in lining water lines.  Mr. Carney also addressed the use of 3M certified contractors only in application of the material; inspection throughout the application by City staff and 3M certified personnel; and the safety of the materials used for the public water system and those applying the materials, certified BPA-free with zero VOC’s, since there were no solvents and therefore, no off-gassing.

 

Questions of Mr. Carney by Councilmembers included ability for most of (95%) of private service connections to remain open during the process, or otherwise reconnected by advanced technologies as part of the process as well by a reinstating robot; and continuous monitoring and addressing those areas of town already experiencing low pressure issues; and testing of water through the NSF Certification process, using a long term soak test for allowable limits for multiple materials.

 

Further discussion included video inspections pre- and post-inspection and throughout the application processes to address and be aware of any impacts to individual service lines; better condition of City of Roseville water pipes than those shown in the presentation due to the City’s use of surface water and cast iron piping versus well water; and product unavailability for private homeowner application in the market at this time as those projects are too small to be cost-effective at this time; and current use of similar technologies to reline sewer mains in the community that have proven very cost-effective.

 

Councilmember Johnson thanked Mr. Carney for his excellent, professional, succinct presentation; and expressed his excitement about this project, opining that it seemed to open up other applications for rejuvenation of other infrastructure issues in the future.

 

Mr. Carney concurred that the base chemistry provided for many other possibilities in the future; however, he noted that this specific application was designed for use with water lines, since it needed to be uber clean for BPS certification.

 

City Civil Engineer Kristine Giga

Ms. Giga provided a brief presentation, further expounding on the information included in the RCA dated December 10, 2012; and staff’s recommendation to address the City’s aging water mains, and to reduce or eliminate the multiple breaks experienced annually.  Ms. Giga provided some examples and identified problem segments previously identified in the City’s CIP, including two (2) breaks experienced over the last weekend. Ms. Giga revised the options available in using trenchless technology, including a cured in place pipe (CIPP) lining system currently used for sewer lining, with four (4) manufacturers available for that product, or the spray-in-place lining system by 3M; either of which would be cost-effective.

 

Ms. Giga reviewed the recent bidding based on plans and specifications prepared in October of 2012 for water main rehabilitation for two (2) segments; and specifics of the two applications.  Ms. Giga advised that three bids had been received: two with the CIPP application, and one with the spray-on liner by 3M.  Ms. Giga reviewed the bid results, cost comparisons, and 30-50% lower cost in using the 3M spray application that would result in less disruption to services as well, fewer access pits, and potential for completion with out installing a temporary water system, since the cure time is short and services reinstated the same day as applied.  Ms. Giga reviewed the requirements of the MN Department of Health and boil notices to residents impacted until disinfection tests pass (48 hours); and if determined necessary, the City would provide those impacted residents with bottled water until meeting those requirements and deemed safe.

 

Discussion among Councilmembers and staff included temporary water services and boil notice provisions.

 

Ms. Giga reviewed the proposed project schedule, if the City Council chose to take action at tonight’s meeting; noting that if the City received significant negative feedback from residents affected in these project areas, they would set up a temporary water service, adding and approximate 30% cost to the project; at which time staff would look at quotes from other contractors to further reduce the overall cost of the project.  In the Rice Street area, Ms. Giga advised that, due to a number of apartment buildings that would be impacted, staff planned to install a temporary water service since it would be problematic to contact all of those tenants individually during the process.

 

14.         Public Hearings

 

15.         Business Items (Action Items)

 

a.            Approve Resolution Awarding Bid for Watermain Rehabilitation Project

Ms. Giga summarized staff’s recommendation as detailed in the RCA.

 

Johnson moved, Pust seconded, adoption of Resolution No. 11035 (Attachment A) entitled, “Resolution Awarding Bid for Watermain Rehabilitation Project;” to Veit & Company, Inc., of Rogers, MN in an amount not to exceed $621,886.10; contingent upon receiving an additional warranty from 3M that its reviewed and approved by the City Attorney; and authorizing the Mayor and City Manager to execute the documents.

 

Roll Call

            Ayes: Pust; Johnson; Willmus; McGehee; and Roe.        

            Nays: None.

 

b.            Approve 2013 Utility Rates

Mayor Roe summarized discussions to-date by the City Council related to 2013 utility rate adjustments submitted by staff and the Public Works, Environment, and Transportation Commission (PWETC) for consideration.

 

Finance Director Chris Miller referred to information submitted to-date and additional information provided by staff based on past directives regarding a tiered water usage rate, as detailed in the RCA dated December 10, 2012; and impacts to customers from rate adjustments. 

 

Mr. Miller noted staff’s revisions related to City Council discussion for reduction of the recycling rate from the $6.20 recommended by staff to $6.00 per unit per month as directed by several City Council members. 

 

Mr. Miller addressed water conservation rates, and recommendations of the PWETC; and suggested that the City Council affirm the status quo for the water rate structure for 2013 and look at the broader implications of reverting back to a single consumption rate in 2014, contingent with regulations of various State regulatory agencies that have oversight of municipal water service providers.  Mr. Miller reviewed recent legislative changes that he and Public Works Director Duane Schwartz had discussed that had repealed previous requirements enacted related to a conservation rate structure.  Mr. Miller advised that the only requirement now was that the City could demonstrate a decline in water usage for other reasons, which the City of Roseville could demonstrate.  In order for staff to obtain additional research related to a uniform system versus a three (3) tiered system, Mr. Miller reiterated staff’s recommendation that it may be prudent to affirm the status quo of the City’s rate structure for 2013 with the two (2) tiered system.

 

Councilmember McGehee expressed her interest in Councilmember Johnson’s proposal at the December 3, 2012 meeting to revert to one (1) flat water rate regardless of usage; and opined that the City use a direct pass through rate for citizens to charge them only what the City was charged, including staff time, meter costs, mailing costs for utility bills, and other operational costs.  Councilmember McGehee opined that it didn’t seem like a reasonable business model to do otherwise.  Councilmember McGehee suggested using Councilmember Johnson’s proposal as a basis for future discussions on using a flat rate adjusted to incorporate actual costs to the end user.  As pointed out by Councilmember Johnson, just because a household uses less, it shouldn’t be cheaper for anyone; and everyone – whether residential or commercial customers – should pay for operational costs.  Councilmember McGehee further opined that the water rates be tabled to allow staff time for further research, as she saw no pressing need to act at this time based on the additional information brought forward by staff for tonight’ s meeting.

 

Councilmember Willmus advised that he too would like to further explore a flat rate; however, he suggested that other items beyond the water rate should be enacted tonight rather than tabling the issue in its entirety.

 

Councilmember Johnson suggested that the water component be removed from the fee structure, and defer action on that specific area for the new City Council in January of 2013.

 

Finance Director Miller noted that action could be deferred until January of 2013, and still take effect in 2013, based on the quarterly billing cycle for utility billing. 

 

Mr. Miller sought to clarify residential and commercial rates (page 12 of the RCA, Schedule A), noting that the residential rate currently used represented a direct cost of passing through City costs to customers from the Saint Paul Regional Water Authority, but that it did not include any fixed or overhead costs, as all those fixed costs were included in the base rate with the exception of purchasing the water itself.  Mr. Miller advised that those were considered fixed costs regardless of how much water was sold; with staff having previously aligned all fixed costs with revenue sources in the base fee as enacted in 2009, excluding variables for water usage fees.

 

McGehee moved to remove and defer the water utility portion of draft resolution for 2013 utility rates for action by a future City Council in 2013; and to remove the recycling fee to consider reduced rates; and asking that staff return to the City Council with a proposed water rate structure based on further research and requirements of other regulatory agencies.

 

Mayor Roe sought to clarify whether the intent of Councilmember McGehee’s motion was to approve 2013 utility rates with the exception of water rates, to table the water rates only, or to table 2013 utility rates with the exception of recycling and move other recommended rate revisions forward.  Mayor Roe noted that, at this time, no action had been taken on any utility rates with the exception of recycling rate reductions.

 

Mayor Roe ruled the motion failed for lack of a second.

 

Johnson moved, Pust seconded, to strike 2013 recommended water usage utility rates from this action; and with that exception to adopt Resolution No. 11036 entitled, “Resolution Establishing the 2013 Utility Rates,” in accordance with Schedule A (page 12) attached to the resolution; and to forward any action on water rates to the new City Council taking office in January of 2013.

 

Mayor Roe clarified that current water usage rates (page 12) would remain in effect as a result of this motion.

 

Finance Director Miller requested more clear direction on what staff was being requested to provide further research.

 

Mayor Roe advised that 2012 rates would remain in effect; and whatever recommendation staff provided on water rates would be heard at a later date by a future City Council,

 

With City Council consensus affirmative with his comments, City Manager Malinen further clarified that the water usage rate had been excluded from this action; however, the water base rate as recommended would be adopted for 2013.

 

With City Council consensus affirmative with his comments, Councilmember Willmus also clarified that this action would also reduce the 2013 residential customer recycling rate to $6.00 per unit per quarter.

 

Councilmember McGehee requested a more in-depth discussion in 2013 regarding storm sewer and sanitary sewer rates.

 

Mayor Roe noted that there was nothing preventing the City Council from changing its rate structure beyond statutory requirements.

 

Councilmember McGehee opined that the extensive additional fees and increased levies asked of Roseville residents in 2013, whether tax-supported or non-tax-supported, were significant.  While addressing many of the business model shortcomings from the past through the CIP recommendations adopted, Councilmember McGehee opined that general operations needed to be reviewed for funding sources in the future.  As a taxpayer and resident of Roseville, Councilmember McGehee stated that she didn’t think the City should have giant blips on the screen if operations were being managed properly; and going forward, a business model should be in place that provided a direct pass through for costs that provided transparency for the public to be fully aware of the rationale for any increase in fees, as well as to provide a means for the City to capture all expenditures for the services it sold.  Councilmember McGehee stated that she supported what the City Council was doing now; however, she wanted additional discussion in the near future.

 

Councilmember Johnson stated that he was in agreement with the first portion of Councilmember McGehee’s statement; acknowledging that the actions taken by the City Council were harsh; however, they were necessary to get the City on a sustainable track; and it was necessary to turn that corner.  Councilmember Johnson noted that the discussions held and public testimony received about that major step taken and impact on taxpayers and residents had been taken seriously by the City Council last year, and had served as the impetus for enacting those changes over a two-year period, versus the original recommendation for implementing them in one year.  Councilmember Johnson concurred with Councilmember McGehee that management needed to be carried forward and annually scrutinized; and now that the base had been put in place, the City Council needed to move forward accordingly and the conversations needed to continue.

 

Mayor Roe noted that the whole point of the actions taken by the City Council over the last two (2) years were to avoid the spikes from unexpected expenses coming from the system, and to manage things better.  Mayor Roe opined that the City was now on target to achieve that.  However, in order to do so, Mayor Roe noted that sometime it needed to be initiated, thus the action of the City Council over the last two (2) years, even though a difficult decision for all involved. 

 

Councilmember McGehee thanked Councilmember Johnson for his support; however, specific to water rates, real costs needed to be addressed and a business model adopted moving forward; and an organizational philosophy that everything could be accomplished under the CIP was not sufficient.

 

Councilmember Johnson concurred with Councilmember McGehee; but reiterated that things now were in place to achieve results.

 

Roll Call

            Ayes: Pust; Johnson; Willmus; McGehee; and Roe.        

            Nays: None.

 

c.            Approve Resolution Adopting City Assessment Policy

City Engineer Debra Bloom provided a summary of the recommendation for approval of the revised City Assessment Policy as outlined in the RCA dated December 10, 2012.

 

Pust moved, Willmus seconded, adoption of Resolution No. 11037 (Attachment D) entitled, “Resolution Adopting Special Assessment Policy.

 

In response to Councilmember McGehee, Ms. Bloom reviewed how assessments may work for regional improvement projects and determination of benefit areas as defined and part of the feasibility report based on appraised values.  Ms. Bloom opined that this would provide flexibility in the overall project review and enable a better methodology.

 

Roll Call

            Ayes: Pust; Johnson; Willmus; McGehee; and Roe.        

            Nays: None.

 

Mayor Roe thanked the PWETC for their review of and recommendations for revisions to the Assessment Policy.

 

d.            Approve Contract for Civil Legal Services

City Manager Malinen reviewed negotiations with the selected law firm to provide civil legal services to the City, as authorized at the December 3, 2012 City Council meeting.

 

City Manager Malinen noted the bench handout provided, serving to address the ability to charge the cost of certain land use requests to developers; and thereby reduce the cost of legal services accrued by the City.  Mr. Malinen noted those specific changes to the Standard Agreement for Professional Services addressed on pages 8 and 9 of Exhibit A to the contract.  Mr. Malinen recommended approval of a three (3) year agreement as detailed, with the firm of Erickson, Bell, Beckman & Quinn, P. A. for civil legal services to the City.

 

McGehee moved, Johnson seconded, approval of the negotiated contract (Attachment A) for civil legal services with the law firm of Erickson, Bell, Beckman & Quinn, P. A.

 

Roll Call

            Ayes: Pust; Johnson; Willmus; McGehee; and Roe.        

            Nays: None.

 

e.            Community Development Department Request to Issue a Ramsey County Court Citation for Unresolved Violations of City Code at 1927 Rosedale Drive

As previously noted, this item was removed from tonight’s agenda.

 

f.             Community Development Department Request to Perform an Abatement for Unresolved Violations of City Code at 1432 Eldridge Avenue

Permit Coordinator Don Munson provided a summary of unresolved code violations at this owner-occupied, single-family detached home, currently owned and resided in by Rich Jewett.  Mr. Munson advised that this violation had been observed during the most recent Neighborhood Enhancement Program (NEP); and consisted of a utility trailer permanently stored in a front yard driveway (violation of City Code, Section 407.03.Q).

 

Mr. Munson advised that Mr. Jewett had expressed his desire to appeal the administrative decision by staff to the City Council at tonight’s meeting, and was in the audience.  Mr. Munson noted that, under current City Code provisions, Mr. Jewett’s options were to change to a smaller trailer that would fit inside the garage, or move the trailer.

 

Councilmember Willmus advised, from his personal observation of the site, that this code violation didn’t cause the same level of concern as that of the NEP inspector; and suggested it may be prudent for the City Council to consider revising its current code on some of these items.  If initiated by a concerned neighbor, or impacting property sales in the neighborhood, Councilmember Willmus opined that then he could possibly consider it a more serious violation.  However, since this was actually a rather small trailer, and it had no commercial application, the City Council may need to revisit its existing code as it applied to these types of minor violations.

 

Discussion ensued among Councilmembers and Mr. Munson regarding parking the trailer in the street since it is a licensed vehicles; snow removal concerns with that option; narrow side yard setback on this property preventing relocating the trailer to the rear or side yard to meet City Code; and exemption of trailers specific to needing an asphalt or cement pad.

 

Mayor Roe concurred to some extent with Councilmember Willmus’ suggesting revisiting this policy issue at a later date.  However, Mayor Roe noted that City staff was charged with enforcing City Code in place at that time, and out of respect to staff, the City Council needed to take that into consideration.   While lacking any significant research on his part as to potential ramifications, Mayor Roe suggested that perhaps an exemption or process in place for such an exemption could be applied with approval of a percentage of immediately adjacent neighbors.

 

Councilmember Willmus suggested that there may be other areas in current City Code that needed addressing for similar situations or perceived violations; and concurred that a percentage of abutting property owners within a certain distance may be an applicable consideration.

 

Property Owner Rich Jewett

Mr. Jewett reviewed the specific limitations of the property related to limited access on the right side of the building due to two (2) existing trees and a retaining wall and landscaping area.  Mr. Jewett advised that his discussions with adjacent neighbors to the east indicated no problems with the trailer; but acknowledged that some neighbors on the east side may.  Mr. Jewett noted that the trailer was 14’ and well below the allowance of a 20’ boat and trailer; and opined that this created an inconsistency in City Code.  Mr. Jewett advised that the utility trailer housed a snow blower that he used to serve other residential properties in the community; and opined that he really had no other options for where to place the trailer at this time.  Mr. Jewett respectfully requested a variance from City Code at this time, as he reviewed how he had come to own and reside in this home; and his willingness to rehabilitate the home.  Mr. Jewett advised that, as a retiree, he was attempting to become part of the Roseville community, and trying to address several issues with this property and family members affected.  Mr. Jewett opined that the NEP Inspector had been over-zealous, and had also called the Police Department to remove a bicycle from the front yard prematurely.

 

Mayor Roe acknowledged Mr. Jewett’s sincerity; and noted that all of the City Council, as well as staff, had also inherited some of the rules under which it and citizens currently operated.

Willmus moved, Johnson seconded, TABLING action on this item to a date uncertain.

Roll Call

            Ayes: Pust; Johnson; Willmus; McGehee; and Roe.        

            Nays: None.

 

g.            Community Development Department Request to Perform an Abatement for Unresolved Violations of City Code at 1863 Chatsworth Street

Permit Coordinator Don Munson summarized this request as detailed in the RCA dated December 10, 2012; and updated Councilmembers on progress to-date, notices to the property owner, and remaining unlicensed vehicles and scrap lumber on the property.

 

The property owner was not present at tonight’s meeting.

 

McGehee moved, Willmus seconded, directing Community Development staff to abate the public nuisance violations at 1863 Chatsworth Street by hiring a general contractor to remove and dispose of junk/debris, and impound the unlicensed/inoperable vehicles, as detailed in the RCA dated December 10, 2012; and authorizing staff to bill the property owner for actual and administrative costs, and if charges are not paid, staff is to recover costs as specified in City Code, Section 407.07B.

 

Roll Call

            Ayes: Pust; Johnson; Willmus; McGehee; and Roe.        

            Nays: None.

 

13.      Business Items – Presentations / Discussions

 

14.      City Manager Future Agenda Review

City Manager Malinen reviewed upcoming agenda items.

 

City Manager Malinen noted the public reception scheduled on January 7, 2013, and 5:30 pm. swearing in ceremony for Councilmembers-elect Etten and Laliberte.

 

City Manager Malinen further noted that the Mayor’s State of the City Address was scheduled for February 25, 2013.

 

i.        Councilmember-Initiated Items for Future Meetings

 

ii.        Adjourn

On behalf of the City Council and Roseville City staff, Mayor Roe wished the community a Merry Christmas and a Happy Holidays; and also wished Happy Birthday to City Manager Malinen, celebrating his birthday today.  Mayor Roe again expressed his thanks to Councilmembers Pust and Johnson for their service to the community.

 

Pust moved, Johnson seconded, adjournment of the meeting at approximately 8:22 pm.

 

        Roll Call

            Ayes: Pust; Willmus; McGehee; and Roe.  

            Nays: Johnson.

          Motion carried.

 

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