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Council Meeting Minutes
March 18, 2013
Mayor Roe called to order the Roseville City Council regular
meeting at approximately 6:00 pm and welcomed everyone. Voting and Seating
Order: McGehee; Laliberte; Etten; and Roe. Councilmember Willmus had
previously advised that he would be unavailable for tonight’s meeting due to
vacation. City Attorney Mark Gaughan was also present. Acting City Manager
Chris Miller filled in for City Manager Malinen, currently on vacation.
2. Approve Agenda
McGehee moved, Etten seconded, approval of the agenda as
Ayes: McGehee; Laliberte; Etten; and Roe.
Mayor Roe announced that the City Council would be
interviewing a final applicant for citizen advisory commissions this evening to
be considered along with those applicants previously interviewed; and advised
that a decision on those applications was scheduled for action at the March 25,
2013 meeting. The City Council interviewed applicant Philip Gelbach for a
vacancy on the Parks & Recreation Commission.
3. Public Comment
Mayor Roe called for public comment by members of the
audience on any non-agenda items.
Kathy Ramundt, 1161 Laurie Road W, Representing Nextdoor.com
Ms. Ramundt, via bench handout, announced an upcoming
community meeting on Saturday, March 23, 2013 from 10:00 – 11:30 am in the
Roseville Library Community Room to explore ways to use Nextdoor.com.
4. Council Communications, Reports and
Councilmember Laliberte reminded Councilmembers and staff of
the March 21, 2013 meeting of the Ramsey County League of Local Governments
(RCLLG), at which a presentation will be heard from a representative of Ramsey
County Homeland Security related to cooperative emergency management efforts.
Mayor Roe provided a brief overview of a meeting held
earlier today of an informal group of the mayors and city managers for five (5)
area cities, who have met periodically throughout the last year on issues of
common interest and of benefit to those communities. Mayor Roe advised that
the topic of conversation at this afternoon’s meeting had been ways that area
communities could lobby for transportation improvements on I-35W in an effort
to unclog that artery and traffic stacking, without formal membership with the
I-35W Corridor Coalition. Mayor Roe noted that the City of Roseville had at
one time been part of the Coalition, however, had dropped that membership due
to the cost of membership and the mission and focus of the Coalition apparently
creeping beyond its initial intent.
Mayor Roe provided a brief update on the cable franchise renewal
process between the North Suburban Cable Commission (NSCC) representing the ten
(10) member cities and Comcast, with preliminary negotiation points exchanged
informally, and the possibility of initiating the formal negotiation process.
5. Recognitions, Donations, Communications
Recognize Human Rights Essay Contest Winners
Mayor Roe welcomed students, teachers and families; and
members of the Roseville Human Rights Commission (HRC). This year’s questions
for the essay, the process, and the winning essays were detailed in the Request
for Council Action (RCA) dated March 18, 2013.
Human Rights Commission (HRC) Chair Gary Grefenberg
introduced this year’s topic for the annual Essay Contest for sixth, seventh
and eighth grade students within the Roseville Area School District boundaries,
with over 180 students entering this year’s contest. Mr. Grefenberg noted that
the essay contest, now in its 17th year and has become a hallmark
and highlight of the Human Rights Program, with the program now sponsored
state-wide by the League of Human Rights Commissions. Mr. Grefenberg also noted
that over the last eleven years, eight Roseville students had become State
HRC Youth Commissioners Julia Laden and Joann Dao, both
seniors at the Roseville Area High School were also present and introduced
essay contest winners present at tonight’s meeting.
The third place winning essay was Rose Wagner; second place
winner was Grace Smith; and first place essay winner was Nicholas Behrens; with
all three students attending Parkview and students of Mr. Lucas Ebert. Each of
these students read their essays. Honorable Mentions for their essays went to
Olivia Digiorno and Heather Knutson, both eighth graders at Parkview and also
students of Mr. Ebert; and also to Eli Sailer-Haugland, a seventh grader at
Roseville Area Middle School, a student of Mr. Cameron Johnson. Ms. Dao read
excerpts of the honorable mention winners, two of whom were present noting that
Olivia Digiorno, was out-of-town and unable to attend tonight’s meeting. Each
honorable mention winner received a certificate in recognition of their essay.
HRC Members also present and hosting a reception for
participants immediately prior to tonight’s City Council meeting included David
Singleton; Scott Becker; Kristin Doneen, Jill Brisbois, and Wayne Groff; who
were introduced by Chair Grefenberg and thanked for their participation.
Recognize and Accept a Donation from Hugh and Julie Thibodeau
Mayor Roe introduced and welcomed Hugh and Julie Thibodeau.
Police Chief Rick Mathwig recognized Hugh and Julie
Thibodeau, and expressed appreciation for their most recent donation of
$13,000.00 to the Department to fund acquisition of a new K-9 named Jagr, along
with training and necessary equipment to replace K-9 Tasco who passed away in
the fall of 2012. Chief Mathwig noted that the request of the Thibodeau’s was
that any funds not needed for the purchase be placed in the Police Department’s
K-9 fund for future use.
Mr. Thibodeau expressed his family’s ongoing commitment to
the K-9 unit and the high value they placed on these efforts in providing
safety for Roseville residents and the overall community, as well as his
family’s respect, admiration and affection for the entire K-9 unit.
Mayor Roe thanked the Thibodeau’s for their continued
generosity and support.
Etten moved, Laliberte seconded, acceptance of a donation of
$13,000.00 from the Thibodeau’s; and expressed appreciation for their ongoing
generous support of the City of Roseville Police Department.
Ayes: McGehee; Laliberte; Etten; and Roe.
Recognize and Accept a Donation from HealthEast, Hamline Auto
Body, and Blue Rock Refinishing Solutions
Police Chief Rick Mathwig noted the recent donation of
HealthEast of a 2003 Ford ambulance to replace a previous 1995 Ford box
ambulance for use by the Police Department as a command post/SWAT equipment
storage vehicle. Chief Mathwig further advised that Hamline Auto Body offered
to paint the vehicle at no cost; and Blue Rock Refinishing Solutions offered to
supply the paint, also at no cost.
Laliberte moved, McGehee seconded, acceptance of these
donations, as detailed in the RCA dated March 18, 2013, and expressed appreciation to HealthEast, Hamline Auto Body, and Blue Rock Refinishing Solutions.
6. Approve Minutes
Approve Minutes of February 25, 2013 Meeting
Mayor Roe noted several remaining items for discussion in
the February 25, 2013 meeting minutes, specifically his efforts in summarizing
the public comments from the draft minutes submitted by the recording secretary
and staff. Mayor Roe advised that his summary attempt was not intended to
diminish those comments or provide editorial comment on them, but simply to
find a balance in recording business being transacted and to streamline and
reduce meeting minutes wherever possible, rather than a verbatim transcript.
However, if the Council preferred a more detailed record of the meeting
minutes, Mayor Roe stated that he would accept their guidance.
Councilmember McGehee stated that she preferred the draft
version submitted by the recording secretary, with minor typographical and
grammatical corrections, as a more accurate record rather than a summary.
Councilmember McGehee further stated that she had also submitted her version of
a summary of the public comments from that meeting as an alternative to Mayor Roe’s
summary; and opined that the will of those City Councilmembers present at that
meeting was not to accept that summary either.
Mayor Roe noted that it was the Council’s choice as to the
content of their official meeting minutes.
Councilmember Etten opined that as long as the meeting
minutes were electronic, rather than simply paper copies taking up space, he
found the more detailed meeting minutes as a useful resource for his research
of decision-making processes.
Councilmember Laliberte concurred with leaving the more
detailed record of the public comments, as amended to include grammatical and
In another item, Mayor Roe noted past City Council
discussions related to bench handouts and the final determination by the
Council as to whether or not they were included in the final record of meeting
minutes, further noting that this remained an option for each meeting on a case
by case basis. Mayor Roe stated that his concern in including all bench
handouts as part of the official meeting minutes was that some of them became
cumbersome and may not be appropriate or necessary to the official record. As
an example, Mayor Roe noted his preference that staff reports provided as bench
handouts with corrections or additional information could be more appropriate
if substituted in the final meeting packet materials for the record, rather
than confusing the issue if more than one report was included for an agenda
item, with one in the meeting agenda packet materials and one as a bench
handout and attached to the meeting minutes, when those corrected staff reports
were available to the public on line and/or as packet information. Mayor Roe
suggested that staff update the official record of packet information, but that
those staff reports not become part of the meeting minutes to allow easier
tracking of that information.
Councilmember Laliberte concurred with Mayor Roe’s
suggestion, preferring agenda packet materials, original or updated, all
together in the same place.
Councilmember McGehee concurred with Mayor Roe’s suggestion
also; however, she expressed her preference for materials coming forward from
the public as part of public comment becoming part of the meeting minutes, as
currently highlighted by the recording secretary and staff as “attached hereto
and made a part hereof.”
Mayor Roe concurred, noting that as a general practice, that
would include not only those items coming forward from the public comment
portion of a meeting, but bench handouts provided by the public as well.
However, Mayor Roe suggested that the City Council retain their right of review
and consideration of those written materials as part of their approval process
for the meeting minutes.
As requested by Councilmember McGehee, Mayor Roe noted that
the recording secretary was very conscientious in identifying those submittals
and highlighting them in the draft minutes; and suggested continuing the
practice as part of the meeting minute review process for City Council
decision-making as to which materials were kept as attachments.
Acting City Manager Miller clarified the direction of the
City Council was to include any bench handout to the City Council in the draft
meeting minutes provided to the City Council, and on a case by case basis the
City Council would have the final determination as to whether those submittals
were included in the official record of the minutes.
Mayor Roe confirmed that direction; with the provision that
specific to updated or revised staff reports, it would be staff’s
responsibility to update those agenda packet materials for the final record
rather than attaching those items to the meeting minutes.
Councilmember McGehee referenced those additional
corrections she had submitted and provided at the February 25, 2013 meeting, and questioned if those revisions could be incorporated.
Regarding those items, Mayor Roe advised that he had a
question on page 6, lines 34-45 regarding the Hotel and Prostitution Task
Force, and whether there had been a vote of the task force making her the
chairperson, as indicated on her corrections, or if she was serving voluntarily
as a coordinator of the group. Mayor Roe suggested that Councilmember McGehee
clarify that with Administration staff offline outside the meeting.
Mayor Roe further noted that, based on tonight’s discussion
on attachments, the attachment by City Manager Malinen (legislative agenda,
page 30, lines 42-45) should be updated in the meeting packet materials And not
included as an attachment to the meeting minutes.
Mayor Roe indicated that the remaining suggested revisions
included in Councilmember McGehee’s “Proposed Changes to February 25 Minutes,”
as submitted at that meeting were acceptable to him.
In conclusion, Mayor Roe advised that the meeting minutes of
February 25, 2013 would therefore be revised as noted:
Item 5.a Public Comment – Gary
Remove strike out of public comment transcript from Gary
Grefenberg; remove the summary provided to replace it from Mayor Roe; and
Page 30, Lines 42-45
Retain strike out of bench handout
Councilmember McGehee’s remaining changes to the February
· Make the
recommended changes to the draft, confirming the use of the word
“Chair” with respect to the Hotel task force item.
McGehee moved, Etten seconded, approval of the minutes of
the February 25, 2013, meeting as amended.
Approve Minutes of March 11, 2013 Meeting
McGehee moved, Etten seconded, approval of the minutes of
the March 11, 2013, meeting as amended.
Page 14, Lines 11 – 13 (Etten)
Correct New Brighton Director of Public Safety as Bob Jacobson
Councilmember Etten advised that he had several minor
grammatical corrections that he would provide offline to Administration staff.
. At the request of Mayor Roe, Acting City Manager Chris
Miller briefly reviewed those items being considered under the Consent Agenda.
Etten moved, McGehee seconded, approval of the following
claims and payments as presented.
69312 – 69375
Approve Business & Other Licenses & Permits
Etten moved, McGehee seconded, approval of business
license applications for the period of one (1) year, for the following
Type of License
Kyle French at Rocco Altobelli
10 Rosedale Center, Suite 945
Approve General Purchases and Sale of Surplus Items In Excess of
Etten moved, McGehee seconded, approval of the submitted
list of general purchases and contracts for services presented as follows:
Budget / CIP
Microsoft software licensing renewal (2nd of 3
Approve Amendments to the 2012 Budget
Mayor Roe asked that staff make a correction in the final
record to identify the Charitable Gambling amendment from the NSCC to clearly
indicate the North Suburban Community Fund.
At the request of Mayor Roe, Mr. Miller confirmed that the
Fire Relief Fund contribution had been entirely offset by unanticipated
revenues, allowing for no need for use of City reserves to offset the deficit
triggered by the previous year’s fiscal shortfall in pension dollars.
Etten moved, McGehee seconded, approval of year-end
amendments to the 2012 Budget as follows:
Additional contribution per actuarial
Special law enforcement detail (offset by grants and
Contractual services to Falcon Heights (offset by
contributions from the City of Falcon Heights)
Additional electrical inspection services
NEP Program reimbursed by the HRA
Pass-through grant for Sienna Green (Livable
Communities Grant from the Met Council)
Additional contributions to the NSCC (donations
received by the City from the 10% profit contributions from lawful gambling
organizations, donated to the NSCC Fund for eventual distribution to the City
Approve No-Parking Resolution
Etten moved, McGehee seconded, adoption of Resolution No. 11056
entitled, “Resolution Prohibiting Parking on County Road D between Lexington
Avenue and Victoria Street;” prohibiting parking on the south side between
Lexington Avenue and Hafner Street.
Approve a Resolution for the Final Acceptance and Maintenance for
Public Improvements Constructed for Josephine Woods
Etten moved, McGehee seconded, adoption of Resolution No. 11057
entitled, “Final Acceptance and Maintenance for Public Improvements Constructed
for Josephine Woods.”
Approve the Repurchase of 180-188 Elmer Street W by Cottonwood
Holdings, LLC from Ramsey County
Etten moved, McGehee seconded, adoption of Resolution No. 11058
entitled, “Resolution Approving the repurchase of 180-188 Elmer Street W by
Cottonwood Holdings, LLC from Ramsey County;” as detailed in the RCA dated
March 18, 2013, and Attachment A.
a. Receive Roseville
Visitor’s Association (RVA) Annual Report
Mayor Roe apologized for technical problems in the Council
Chambers that would not allow display of the RVA presentation in the council
chambers. However, Mayor Roe noted that it would be available for the home
audience and at the City Council dais.
Mayor Roe welcomed RVA Executive Director Julie Wearn, who
in turn introduced RVA Board Chair Ken Gaye. Ms. Wearn’s presentation included
a review of 2012 highlights, testimonials, and an overview of plans for 2013,
including launching of the RVA’s new website and proposed revisions in the
holiday lighting display.
At the request of Mayor Roe, Ms. Wearn reiterated how the
RVA is funded, with 95% of its revenues coming from a 3% dedicated tax on hotels
and motels in the Roseville area. Ms. Wearn noted that the more occupancy of
those venues, the more funding available to the RVA.
As an option for the annual OVAL illumination program during
the holiday season, Ms. Wearn noted that this year would be the 20th
anniversary of the OVAL and suggested it be celebrated with a new holiday
tradition in Roseville. Ms. Wearn proposed that the RVA take advantage of the
high visibility in Roseville, with daily traffic counts of 25,000 vehicles
along County Road C during October through March by providing a low cost, free
public light display. Ms. Wearn advised that for a minimal cost of
approximately $9.00 per day, various local artists, families, businesses, and
faith communities be invited to personally decorate a tree. Ms. Wearn
suggested a community pride contest and trophy sponsored by the RVA for the
community’s most favorite tree. Ms. Wearn noted this would allow various
non-profits and others to promote their organizations.
Noting the diversity of the community, Councilmember McGehee
expressed her preference that no promotion of religious holidays be encouraged
if this illumination project proceeded. Councilmember McGehee advised that she
and Ms. Wearn had previously discussed an opportunity to tie the lighting with
ways to give back in the community, (e.g. food shelf donations, breast cancer
awareness or other charities of choice); and suggested that this type of
activity should also be promoted in partnership with various Roseville Area
High School efforts and classroom projects of similar purpose. Councilmember
McGehee noted that this would encourage a season of giving no matter one’s
Ms. Wearn advised that the intent was for a “holiday”
display, and to keep the prices for participation low enough that anyone could
participate, and that participants would be encourage to decorate according to
their faith or background, concurring with Mayor Roe’s request that the
decorations be within normal and reasonable bounds.
Discussion included having trees available for children to
decorate without having to pay a fee, or donated by the community for that
purpose; with Ms. Wearn noting interest had already been found from several
organizations (e.g. Bridging) for a tree sponsored by a corporation for the
benefit of those organizations, or for donation to a specific cause by
providing funds to an organization with or without decorating a tree. Ms.
Wearn noted that the RVA already had some lights that they owned and that could
be made available for that purpose, since the RVA holiday lighting program had
been occurring for the last twelve (12) years.
Mr. Gaye advised that the promotion was in the conceptual
stages at this time, but it could prove to be a growth display, but
anticipating that the first year may be a learning opportunity and need course
corrections as it grew. Mr. Gaye noted that the effort would require
partnerships with the RVA, and sought assistance from various organizations, as
well as potential labor and assistance from the City’s Parks and Recreation
Department. Mr. Gaye noted interest in the current lighting was diminishing,
and these efforts were intended to return it as a special and unique Roseville
At the request of Councilmember Laliberte, Ms. Wearn advised
that the anticipated lighting would be installed around November 15, at the
time the ice rink was flooded, and removed around the end of January, depending
on weather conditions.
Mayor Roe thanked Ms. Wearn and Mr. Gaye for the
presentation and for the work done on behalf of the community’s hospitality
industry and for those visiting Roseville.
Presentation from Attorney Mark Gaughan Discussion Open Meeting Law, Data
Practices and Electronic Communications
City Attorney Mark Gaughan’s presentation was detailed in
the RCA and attachments, dated March 18, 2013; and preliminary as an overview
to a more in-depth presentation scheduled in the very near future for all of
the cities advisory commissions.
Attachment A entitled, Minnesota Statutes, Chapter 13D (Open
Meeting Law); Attachment B entitled, “LMC handout from 2013 Leadership
Conference for Newly Elected Officials, ‘Legal Realities,’ presented by
Attorney Tim Kuntz;” Attachment C entitled, “LMC Memorandum, ‘Electronic
Communications between Councilmembers,’ dated September 2009;” and Attachment D
entitled, “City of Roseville Policy on Councilmembers’ Electronic
Communications, adopted August 2009.”
Data Practices Privacy Law
At the request of Councilmember Etten regarding how to
define “organization,” Mr. Gaughan advised that it would be more appropriate to
define “individual,” and whether they were representing the community/group or
as an individual.
At the request of Mayor Roe as to whether an individual was
communicating on behalf of another individual, Mr. Gaughan advised that he was
not aware of a definitive answer, but would need to be based on the best
interpretation on a case by case basis, since the law did not provide great
Open Meeting Law
Mr. Gaughan advised that there were only five (5) reasons
for a closed meeting: 1) employee evaluation; 2) attorney/client privilege
regarding litigation or threatened litigation; 3) to discuss the sale or
acquisition of property, usually real property; 4) labor negotiations or
strategies related to those negotiations; and the most recent option, 5) for
issues related to security or emergency response. Mr. Gaughan noted that the
City Council must identify who or what is involved in the closed meeting, which
are typically taped unless specifically excepted, with reasonable notice
obligations for posting and/or publishing the date, time and content of those
meetings. Otherwise, Mr. Gaughan noted that all other business was intended
for discussion in an open meeting, with some precise exceptions for emergency
meetings. Mr. Gaughan advised that those members of the public or other
organizations having previously requested notification of any meetings, needed
to be noticed, even for emergency meetings; and noted the need for staff to
ensure that those people were included in those notice requirements and
If there were omissions in providing those notices, and in
meeting Open Meeting Law requirements, Mr. Gaughan advised that there were
applicable penalties upon determination if the omissions were intentional or
unintentional. In some cases and depending on the circumstances, Mr. Gaughan
advised that an individual Councilmembers could be subject to a civil penalty
if found in violation, rather than the government entity itself, and if three
violations occurred, they could be removed from office for a time equal to the
amount of time they had served to-date.
Mr. Gaughan specifically reviewed e-mails among and between
Councilmembers and referenced State Law as well as the City of Roseville Policy
on Electronic Communications. In the Roseville Policy, Mr. Gaughan referred to
Section 6 (page 2) as the most important provision, and cautioned that often
perception was more important than actually reality and often the most
difficult area to address. Mr. Gaughan further referenced a great resource
used by the City Attorney firm and available to individual Councilmembers at IPAD.State.MN.US,
a state agency providing guidance on State Statute and some of the more murky
Mayor Roe cautioned that individual Councilmembers should
never “reply all” in their e-mail communications, even questions to city
departments, but should instead send those questions to the attention of the original
sender only for his distribution, and responses provided by his office to the
entire City Council.
Mr. Gaughan concurred, noting that provided for an internal
chain of command for City staff.
If information was intended by an individual Councilmember
for submission and inclusion in an agenda packet, Councilmember McGehee asked
how to do so in advance of a packet delivery.
Mr. Gaughan advised that this would be fact-specific, and
the best practices for any communications was to be overly cautious and to follow
the procedure previously addressed, and whether well-meaning or not, to not
e-mail the entire City Council, but to go through the City Manager and request
that he distribute it to the entire City Council from his office if he feels
appropriate. If for some reason, he deems it to be inappropriate, Mr. Gaughan
advised that it can then be discussed in open meeting format by the entire
Responding to the request by Councilmember McGehee as to
whether newspaper articles could be forwarded to all, Mr. Gaughan advised that
those were a matter of public record, and typically it would be fine. However,
Mr. Gaughan noted that this pertained only to the article itself, and not any
additional comments included. Mr. Gaughan reiterated that it was best to err
on the side of caution, and use the best practices method of sending everything
through the City Manager’s office.
Councilmember Laliberte questioned recent advice she had
been provided at the League of Minnesota Cities Workshop for Newly-elected
Officials, and an option to send e-mails separately to individual
Mr. Gaughan suggested to not follow such a practice, as it
could be perceived as a serial meeting, similar to socializing with individual
members to possibly know how each intended to vote at the open meeting. Mr.
Gaughan again suggested that sending information through the City Manager was a
much more open and safe practice, or to have the discussion at an open meeting.
Mayor Roe noted the need for the City Council as a body to
make sure a policy/procedure was in place to ensure best practices are followed
by individual Councilmembers, the entire body, and for clarity for staff of
At the request of Councilmember McGehee regarding meetings
by individual Councilmembers with the City Manager, Mr. Gaughan advised that
this was a common practice, and depending on the actual intent of those
communications, were usually considered a general briefing and not construed to
be serial meetings. Mr. Gaughan noted the need to ensure that the City Manager
was not perceived as a conduit for the intent of a serialized meeting.
Mayor Roe thanked City Attorney Gaughan for his informative
Human Resources Manager Eldona Bacon provided an update from
the March 11, 2013 meeting regarding the proposed contract with PerfectSoftware
for web-hosted HRIS services as detailed in the RCA dated March 18, 2013, and
presentation materials provided as a bench handout.
Ms. Bacon advised that staff had been successful in
negotiating more of a fixed cost with the vendor, as requested by
Councilmembers, and achieving a projected cost savings and reduced
not-to-exceed costs based on the complexity of the setup for programmers to
write the link between the City’s Springbrook software used for payroll, and
PerfectSoftware, as well as ongoing maintenance for that link by Springbrook.
Ms. Bacon advised that employee insurance carriers would not charge
additionally beyond the PerfectSoftware charge of $1,250.00; and should
facilitate the $20,000.00 anticipated annually in budget over the next three
(3) years of the contract.
At the request of Councilmember Etten for clarification, Ms.
Bacon advised that since implementation in 2013 would be later than
anticipated, only about $10,000.00 of the allotted $20,000.000 would be used;
or approximately $34,000 in 2013 for initial implementation and annual
maintenance of the system; without any additional cost by medical carriers for
At the request of Councilmember Laliberte regarding the type
of reports staff will be able to generate electronically versus hand-reporting
through this new system compared to the existing payroll system, Ms. Bacon
advised some would include EEO required reports and any other employee related
data that is not numeric or finance based, since the payroll system was
numerically-based. Ms. Bacon provided several examples of data that would be
more readily available once all data had been entered into the system.
At the request of Councilmember Laliberte as to whether
staff investigated whether this same type of system and data tracking would be
available through the current payroll system and whether a second vendor/system
was required, Ms. Bacon advised that this had been researched by staff. Ms.
Bacon advised that the research had found that none of the stakeholders found
Springbrook intuitive as it was very much a financial package; and since
employees would be personally entering some data and managers using that data,
it would create a long function rather than a logical function for those employees
and be unable to meet the needs based on how that software was driven. Ms.
Bacon advised that Springbrook software would also not provide online
performance reviews as a function; with management staff hoping to have that
function to improve timely reviews for employees, as well as options for
employees to perform their own self-evaluations online and maintain that data
Mayor Roe noted that last week’s discussion indicated that
there would not be any offset savings in Human Resources functions through this
HIRS, but that it would just allow that work to be done more efficiently, and
asked Ms. Bacon if this was a fair assessment from her perspective.
Ms. Bacon concurred, opining that it was a misnomer that
software and electronics saved people time, it just allowed use of time in a
different fashion. Ms. Bacon noted that someone needed to enter that data, and
it would take time to do so. Ms. Bacon suggested that the time savings may be
found at the back end for leadership in how they were able to manage their
staff and do their budgeting and planning for their departments by being able
to pull reporting and analytics for better decision-making.
At the request of Councilmember Laliberte, Ms. Bacon
confirmed that other vendors would not incur any additional costs, and that the
$1,250.00 previously quoted represented the total cost. If the City were to
change insurance carriers in the future, Ms. Bacon advised that staff would
negotiate with that vendor to provide a similar link if they were interested in
Councilmember Laliberte opined that, from her experience
with similar systems and her research, the initial implementation would be very
time-consuming and could add to staffing costs this year. However,
Councilmember Laliberte noted that she did not see that cost factored into the
Ms. Bacon concurred, noting that as an exempt employee, the
onus would fall to her and would indeed be a very large project, and expressed
appreciation that Councilmember Laliberte recognized that. Ms. Bacon, while
admitting that it would be quite an undertaking, advised that staff was ready
to accept that challenge to have a better system that what was currently
available. Ms. Bacon advised that the administration team was ready for the
challenge, and looked to Finance Director Miller and his team to participate in
At the request of Councilmember Etten, Ms. Bacon provided
several examples of advantages with a link with health care providers and
employees, especially during the fall open enrollment season and time-sensitive
nature of getting that information submitted as required. Ms. Bacon advised
that it would save time for her and employees in having the electronic option
and their ability to complete paperwork online at home or by phone, as well as
Etten moved, McGehee seconded, award of a contract to
PerfectSoftware for HRIA services and maintenance; and directing staff to
prepare the necessary documents for execution, subject to City Attorney review
and approval as to legal form; as detailed in the RCA dated March 18, 2013.
Mayor Roe recessed the meeting at approximately 8:40 p.m. and reconvened at approximately 8:50 pm in Work Session format.
a. Review Strategic
In addition to Councilmembers, Department Heads present
included Finance Director and Acting City Manager Chris Miller, Public Works
Director Duane Schwartz; Fire Chief Tim O’Neill; Community Development Director
and Housing & Redevelopment Authority Executive Director Patrick Trudgeon;
Police Chief Rick Mathwig; and Parks and Recreation Director Lonnie Brokke.
Mayor Roe reviewed the intent of tonight’s discussion as the
process has evolved since last year’s development of individual department
strategic plans based on City Council Directives and Community Aspirations for
the 2014/2015 biennial budget and beyond. Mayor Roe noted this was in line
with the budget calendar and process, and thanked Department Heads for their
Mayor Roe suggested that individual Councilmembers take this
opportunity to provide comment or seek additional information from each
Department Head based on the “New Initiative Summary to the 2014-2017 Strategic
Plan (Attachment A). Mayor Roe noted more detailed descriptions were available
in the Strategic Plan Document itself, available on line as well as distributed
as a bench handout tonight.
Councilmember McGehee noted that the HRIS system remained
budgeted t $20,000 across the board, and based on tonight’s action, suggested
that it should be reduced in accordance with that action to more accurately
Finance Director Miller advised that there were two options:
to adjust this summary or the Strategic Plan itself. Mr. Miller suggested that
the Strategic Plan, originally presented in August of 2012, not be changed, but
that the actual request would be reduced and incorporated as part of the City
Manager-recommended budget that would come before the City Council in August of
2013. Mr. Miller advised that there was some value in preserving these
original estimates as presented and based on the best information available at
Mr. Miller concurred with Mayor Roe’s observation that this
would be accelerated from 2014 to current.
Mayor Roe noted that a number of Administration items had
associated personnel costs provided by additional staff time, and questioned if
these represented or documented new costs for new initiatives or redirection of
Mr. Miller responded that some were new costs based on the City Council
initiatives from their Strategic Directives, with some necessitating
reallocation from other staff costs but still part of the process.
Councilmember Etten expressed his appreciation for the
formatting used in the Public Works Department Strategic Plan, opining that the
Action Plan was nicely laid out, clearly defining existing resources or if
additional funding was needed, and suggested that other departments follow that
clear definition. While he was able to eventually determine those
differentials with the Strategic and Action Plans for other departments,
Councilmember Etten noted that he found the Public Works Department formatting
to be the easiest to follow, and suggested it could be followed moving forward.
Mayor Roe referred councilmembers and staff to pages 81-84
of the original Strategic Plan for that detail.
In response to Mayor Roe’s request for specific questions
for staff or any additional follow-up needed for Action Plans and impacts,
Councilmember Etten suggested that in some instances, it may be advantageous to
provide options in short-term initiatives for how personnel or equipment could
be shared among departments. As an example, Councilmember Etten noted the
proposed hiring of a full-time volunteer coordinator in both the Administrative
and Parks & Recreation Departments, and questioned if there was any potential
in combining that position, or through sharing mechanics among the Public Works
and Parks Departments.
In response, Parks & Recreation Director Brokke advised
that the allotment in both areas was intentional, and anticipated more than
enough work for two (2) volunteer coordinators in various areas. As a way to
initially implement the position, Mr. Brokke concurred that it may be more
appropriate to start off with only one position and build from there.
Councilmember Etten noted the significant budget increases
represented by the cumulative Strategic Directives, and questioned how they
could be achieved without significant tax increases.
Mayor Roe noted that this would be accomplished by the
prioritization and ranking exercise by the City Council, the next step in the
Councilmember McGehee noted the inclusion of a
Sustainability Coordinator position in Administration, as well as expanding
recycling opportunities in the Parks and Recreation Department’s Strategic
Plan; and questioned if this wasn’t actually an overlap.
In response, Mr. Brokke advised that Zero Waste events were
performed by the Administration Department’s Recycling Coordinator, while the
Parks & Recreation Department performed recycling in city-wide parks,
representing container available and maintenance versus administrative
Councilmember Laliberte questioned the Administration
Department item “Perform and Implement Compensation and Classification Study”
and whether there would be an additional $95,000.00 cost on top of the original
Mr. Miller responded in the negative, clarifying that this
cost was associated with estimated costs for implementing the Compensation
Study once it came back to the City Council in April if a number of positions
were found to be below the marketplace; and this item was intended would then
be destined for the City Council’s direction as part of future base budgets.
At the request of Councilmember Laliberte, Mr. Miller
clarified that the community input solicitation (e.g. survey) was scheduled as
a bi-annual survey.
At the request of Councilmember McGehee related to the
Compensation Study being divided into two pieces, Mayor Roe clarified that
there would be no funds budgeted for implementation costs in 2013, with
potential implementation in 2014, if adjustments to positions was indicated, as
previously outlined by Mr. Miller.
Mr. Miller concurred, however, he advised that when or if to
implement those adjustments could be a policy decision of the City Council in
2013 or 2014.
Mayor Roe questioned if the Sustainability Coordinator
position in Administration could be overlapped with the Environmental position
in the Public Works Department.
Public Works Director Schwartz advised that there could be
some potential overlap; however, it was the intent of his department that other
needs would be addressed by the Storm Water/Environmental Needs Engineer in the
Public Works Department.
Mayor Roe noted that that position signified substantial
personnel cost, and would mean the City Council would need to determine priority,
depending on how it fit in the overall picture.
Regarding the item “Development Economic Development
Strategies for Twin Lakes,” Councilmember Etten questioned if this staff cost
was partially addressed in the HRA’s added staffing and refocus on the business
community, or if new how it fit in to those initiatives.
Community Development Director / HRA Executive Director
Trudgeon advised that this item needed further vetting to determine the
specific role of the HRA beyond their current role in building rehabilitation
and training toward those economic development efforts. Mr. Trudgeon advised
that the $105,000 anticipated a dedicated staff person specifically for
economic development (e.g. salary, supplies, and office) similar to the
position eliminated approximately three (3) years ago, but with a focus on new
directives. Mr. Trudgeon advised that the HRA had only set aside funds to-date
for consultants and studies for economic development initiatives; but whether
the function should be HRA or CDD funded remained pending. Mr. Trudgeon
clarified that the CDD operations were funded primarily out of permit revenues
and not impacting tax levies; with the HRA having a levy impact. From his perspective,
Mr. Trudgeon advised that there needed to be a more clearly-defined role for
the HRA and City as well as where the funding sources would come from. Mr.
Trudgeon opined that the HRA would at least fund a portion of it depending on
Mayor Roe noted that the original Economic Development
position had been eliminated due to significantly reduced permit revenues.
Mayor Roe suggested defining a steady funding source independent of permit fees
to prevent those spikes.
Councilmember McGehee opined that the ups and downs of the
department could be a City Council policy discussion about restructuring the
department to provide a more stable source of income than permits.
Mr. Trudgeon noted that this had been the intent when the
Code Enforcement Officer had been reallocated from the CDD to the General Fund
as an ongoing function that should not be subject to revenue spikes; in
addition to the previous cuts made throughout the CDD, creating the current
stability and always allowing room for improvement in the future.
Mayor Roe noted that some development fees were more
predictable on an annual basis and those fees could more adequately sustain the
Department. Mayor Roe suggested that other programs, such as housing development
fees and other funding programs could be investigated with the HRA, with the
potential for a number of those options outside tax levy funding.
Mr. Trudgeon concurred with Mayor Roe’s observations; noting
that some of those options could become self-sufficient (e.g. revolving loan
funds), with many current HRA funds now self-sustaining once the initial seed
funding was provided.
At the request of Mayor Roe, Mr. Miller clarified that while
most of the network engineering staff would continue to be funded through Joint
Powers Agreements (JPA’s), it was becoming evident that one of those positions
should be exclusive to the City of Roseville. Mr. Miller suggested that the
City Council may see such a proposal coming before it in the near future to
address some major needs of the City that had been deferred up to now and may
make it increasingly difficult to sustain current workloads without looking at
a local resource to address those needs.
In response to Mayor Roe’s request for clarification on
whether or not replacement of outdoor warning sirens was already included in
the Capital Improvement Program (CIP) as new equipment or an added cost, Fire
Chief O’Neill responded that none of those costs had been incorporated into the
CIP to-date. Chief O’Neill advised that some of the 4-5 sirens determined to
be in the worst condition had been replaced a number of years ago, no
additional replacements had occurred over the last 4-5 years. Chief O’Neill
advised that all existing sirens would need converted into the current model,
and that was the intent of that line item.
At the request of Mayor Roe, Mr. Miller advised that he
would add that to the CIP to ensure adequate future funding as adequate.
At the request of Councilmember Etten, Chief O’Neill
provided more detail on the compensation/benefit package for part-time
firefighters, some including implementation of the federally-mandated Health
Reform Act. Mayor Roe noted that the department’s August 20, 2012 Strategic
Plan provided some of that detail.
Chief O’Neill reviewed those items most pressing based on
the Health Care Reform Act soon to be implemented, as well as other options for
the department to continue services today. Chief O’Neill noted that some
part-time firefighters already work in excess of thirty (30) hours/week, and
they would therefore be qualified for coverage under the Act, and the City
would have to offer them health care coverage beginning as early as 2014.
Chief O’Neill advised that this opened the question as to whether the City
would only offer health care coverage for those individuals or classify them as
full-time employees with paid time off (PTO) also built in along with other
benefits of full-time City employees. If that was done, Chief O’Neill advised
that between 8-15 employees would reach that thirty-hour criteria annually,
depending on their ability to provide that much time to the City on an annual
basis. Whether or not they were able to provide those services to the community
would impact the department and City’s staffing models, including current
firefighter wages of between $9.00 and $13.00, with Chief O’Neill noting that
wage rate had been a discussion point for some time. At this time, Chief
O’Neill advised that he had provided three (3) options for City Manager
Malinen, Finance Director Miller and Human Resources Manager Bacon to review
and consider to enhance the department and bring stabilization to its staffing,
with his recommendation falling within the $400,000 range and addressing
mandates and achieving that stability. Chief O’Neill noted that one potential
result of not addressing wages or PTO for firefighters could include their
unionization, a result he would prefer to circumvent through addressing it in advance
and taking control of the situation. Chief O’Neill noted the options for
offering only health care would be approximately $82,000.00, with a full-time
staffing model at the $1.2 - $1.4 million range, with his three options
somewhere in the middle of those two extremes, of which his recommendation
would fall within the $400,000.00 range as previously noted. Chief O’Neill
advised that the overall goal is to ensure and stabilize the future of the
department and the community well into the future.
Mayor Roe noted the other consideration in conducting a
study to determine future opportunities for medical services (e.g. ambulance
service) that could provide a revenue source while recognizing that there would
also be costs associated with such a step.
Chief O’Neill concurred, and reviewed current legislation
for opening up Provider Service Areas (PSA’s) and various considerations as to
whether the City should get into the transportation industry or pursue other
options, which would be the purpose of the proposed study to evaluate those
future opportunities. Prior to considering the capital costs of starting down
the PSA road, Chief O’Neill noted that how to ensure revenues to offset those
ongoing costs to the Fire Department would be needed through such a study.
At the request of Councilmember McGehee, Chief O’Neill
reviewed the purpose of a shared services study, cautioning that there may be
areas to consider beyond the current mutual aid agreements provided among St.
Paul, Minneapolis, and Lake Johanna Volunteer Fire Department and Roseville.
While part of the study would be to determine whether feasible or not, Chief
O’Neill noted that City Councils in those areas may not necessarily be
receptive to such a joint venture or share a positive perspective for combining
departments, even though the departments worked cooperatively on a regular
Mayor Roe concurred that it made good sense to have those
conversations sooner rather than later at the City Council level.
Parks & Recreation
Mayor Roe sought clarification on the increased maintenance
costs outlined in the summary, presuming they were directly related to the
Park Renewal Program.
Parks and Recreation Director Brokke advised that this was
true overall; however, it also included replacing park maintenance personnel
previously lost in past budget cuts.
At the request of Mayor Roe for elaboration, Mr. Brokke
advised that the three additional FTE’s in the Forestry Division were proposed
to respond the community’s request to upgrade maintenance, including a
part-time technician for the Forestry area and the other positions to address
new programs and services expanding through the Renewal Program.
At the request of Councilmember McGehee, Mr. Brooke
clarified the energy management system for the Skating Center to facilitate the
additional geothermal system.
Councilmember McGehee spoke in support of adding solar
panels to run the geothermal system for a quicker payback.
Mr. Brokke advised that staff continued to research multiple
Mr. Miller advised that he and Mr. Brokke had found the
inadvertent omission of one position in the larger Strategic Plan that was not
included in the Summary Sheet, that of a Recreation Coordinator position,
projecting a $105,000 impact in 2016 and 2017 with $95,000.00 for the position
and $10,000.00 for associated supplies).
Mr. Brokke concurred with Mr. Miller, noting the need was a
result of more uses and programming to keep up with.
At the request of Councilmember McGehee, Mr. Brokke reviewed
the inclusion of a Community Center Feasibility Study, identified by the
community during the Master Plan process and included as the Renewal Program
was formulated. Mr. Brokke advised that the discussion and action indicated
was to exhaust all efforts for a potential local sales tax option to fund a
community center; and if found not feasible through that avenue, it could
potentially become a referendum of the community. However, Mr. Brokke noted
that the first step was to solidify a site, what components should be included
realistically, and the interest and financial feasibility. Mr. Brokke
clarified that the Master Plan had looked at a community center as a concept,
but this would drill down deeper into the community to understand the desire
and how to fund it and whether the community had a realistic desire to fund it
and recognize that every component would not be a realistic option.
Councilmember Laliberte opined that once the City was back
on track with the bi-annual survey process, community interest could be gauged
through that as well.
Mayor Roe noted, and Mr. Brokke concurred, that the
consultant cost for the entire Park Master Plan was comparable to that proposed
for the community center feasibility study.
Councilmember Etten advised that, following his ride-along
and multiple visits to Rosedale as part of that exercise, he was more cognizant
than ever of the need for a Retail Patrol Officer. Councilmember Etten sought
comment from Chief Mathwig on how such an officer could relieve other police
functions in the City to achieve greater efficiency and avoid multiple squads
responding from other parts of the City to Rosedale.
Police Chief Mathwig advised that part of his response was
based on the dominance of Roseville and its first-ring suburb location, as well
as the strong retail community in Roseville. Chief Mathwig admitted that the
department spent considerable time addressing those retail influences as well
as the results of being a first-ring suburb exacerbating the entire conflict.
Chief Mathwig noted that the department had a commercial
patrol position in the late 1990’s, and ultimately removed by the former Police
Chief during budget cuts; and advised that the department had sought to
re-establish that position since. Chief Mathwig reviewed this option and
intent of adding two (2) commercial officers providing two (2) squads/officers
working during specific times during their shifts to deal with problem retail
issues based on documentation of those specific times. Chief Mathwig predicted
that redevelopment of the Twin Lakes area even beyond WalMart would become
predominantly retail, and from his perspective, crime would also follow that.
Chief Mathwig advised that he would prefer to have officers available to deal
with that specifically and address those heavily-detailed retail areas.
At the request of Councilmember Etten to have those retail
businesses be part of that financial solution, Finance Director Miller advised
that any such function would have to be on a largely volunteer basis on the
part of those retailers. Mr. Miller advised that past discussions had included
a dedicated tax levy for this that would be borne by all Roseville taxpayers;
as well as a mechanism to create a Special Services District to target higher levels
of service. However, Mr. Miller advised that such a District would require a
minimum of 60% of those affected property owners agreeing to that higher level
of service and being willing to pay for it. Mr. Miller advised that those
areas would be defined by their geographic designation, not a specific zoning
type, similar to one in place and since dissolved in the Lexington/Larpenteur
Avenue area in the 1990’s. Mr. Miller advised that the former district was a
partnership between area business owners and the City.
Councilmember Etten questioned if, in the case of Har Mar or
Rosedale, that would be 60% of the individual businesses or the complex itself;
with Mr. Miller responding that it would typically be a percentage of those
parcels impacted. Mr. Miller cautioned that there were several considerations to
address, including that those businesses felt that already paid a larger amount
of taxes of the overall city’s tax base in their geographical areas.
At the request of Councilmember Etten, Finance Director
Miller advised that he could further research options and report back to the
City Council, including City Attorney Gaughan, Community Development Director
Trudgeon, and Police Chief Mathwig. Mr. Miller advised that Special Taxing
District language in State Statute was very specific, and there were defined
steps in implementing such a District. Mr. Miller advised that the tricky part
was to get businesses to agree, with Chief Mathwig having many discussions over
the years with Rosedale to achieve a partnership with the City in addressing
Chief Mathwig concurred, noting that during his discussions,
as well as those by former Chief Sletner, Rosedale representatives and owners
had politely responded, “No thank you.”
Mayor Roe recognized their position that they already paid
significant taxes in Roseville based on the size of their property. Mayor Roe
sought future clarification from staff on the breakdown by property or taxpayer
and how many would consider agreeing to it.
At the request of Councilmember Laliberte specific to the
current negotiated agreement with WalMart for commercial patrol services, Chief
Mathwig addressed the specifics of the agreement, emphasizing that WalMart had
voluntarily agreed to it over a three (3) year period, and consequences to the
agreement if and when a commercial patrol officer was hired by the City. Chief
Mathwig addressed the duties of off-duty officers currently performing those
At the request of Councilmember Laliberte, Chief Mathwig
clarified reserve officers and community service officers performing currently
performing approximately 90% of transports and document service rather than
sworn officers. However, Chief Mathwig noted that there were only so many of
them available during a 24-hour period; but whenever possible ancillary duties
had been greatly reduced for sworn officers.
At the request of Councilmember McGehee, Chief Mathwig
advised that there were already limitations of department responses at retail
businesses, with many of them done by phone or through written documentation by
business owners. For major incidents (e.g. crashes), Chief Mathwig advised
that current practice was for other agencies to be called in to provide
assistance, a standard operating procedure. However, Chief Mathwig advised
that it was inherently difficult for him or his officers to refuse service, but
their expectations were that business owners provide a base level of service on
their own. In recognizing that Rosedale, as one example, already paid a large
amount of taxes, the department had to be cognizant that they could file civil
litigation against the City and department if they were able to document their
receipt of limited or reduced services.
Councilmember McGehee suggested that someone already inside
and paid by Rosedale should handle their own shoplifting issues, unless there
was a physical threat, with City officers coming in after the event to finalize
paperwork. Councilmember McGehee questioned what the actual requirements were of
the department from a legal perspective.
Chief Mathwig responded that in the State of MN, there was a
distinction between arrest powers versus private citizen protection; with
private security guards not allowed to do public police work, but law enforcement
powers necessary. Chief Mathwig clarified that there were already some stores
in Rosedale that hired off-duty Roseville Police Officers to assist with their
in-store security needs; but even with that option, there remained issues that
off-duty officers could not handle on their own, whether due to volume or
Councilmember Etten sought clarification of those items
italicized versus those not (e.g., page 82, August 20, 2012 Strategic Plan,
Existing Resources, Goal 3).
Public Works Director Schwartz advised that they were
italicized to define them as part of the City Council’s Strategic Directives
and Goals versus those of the department.
Councilmember Etten reiterated his preference that each
department follow suit and provide that distinction.
Finance Director Miller clarified that this was already done
by each department if a Community Aspiration could be tied back to what was
done in that department, with others identified as staff-generated.
Mayor Roe also noted that those City Council Directives were
developed in conjunction with staff.
Mayor Roe sought clarification on the pathway construction
and improvements, and whether any of those were depicted in the Park Renewal
Program in the first few years or if they were in addition to the program.
Mr. Schwartz responded that as the CIP recommendations came
out, a number of years were included as part of the Master Plan process.
Mayor Roe noted that, in the Strategic Plan detail, the
build out of the Pathway Master Plan become more aggressive in the 2016 and
2017 budget years, with major constructions costs in those years for that build
Mr. Schwartz clarified that the maintenance portion costs
also needed to be emphasized.
Mayor Roe suggested separating the construction and
maintenance portions to ensure maintenance costs were not overlooked in the
future during decision-making.
Finance Director Miller advised that the intent was to
highlight cost ramifications as identified by the City Council last year, some
or all of which may end up in the City Manager-recommended budget. Between now
and then, Mr. Miller emphasized that individual Councilmembers and the
corporate body provide staff with their comfort level the amount of funding and
which initiatives they could support, as well as how they prioritized those
initiatives. Mr. Miller advised that this would be critically important and
useful in development of the City Manager-recommended budget.
Mayor Roe concurred that the prioritization process was key
to the next step, and needed to be incorporated in the entire budget so those
priorities were clear to staff.
Councilmember Etten noted that since this is a small part of
the picture as each department budget was considered, it became evident of the
need for additional detail to be aware of budget implications, revenue sources,
and how to best provide for educated experience in the overall impacts to the
City Manager-recommended budget and individual City Councilmember responses to
Councilmember McGehee concurred with Councilmember Etten.
Mayor Roe noted that Attachment B provided Community
Aspirations component to the picture.
Councilmember Etten thanked staff for their participation
and tonight’s very productive discussion from his perspective.
Mayor Roe noted that a ‘Future Agenda Report’ had been
emailed to the council this past Friday.
Laliberte moved, Etten seconded, adjournment of the meeting
at approximately 9:55 pm.