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City Council


City Council Meeting Minutes

April 9, 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 for April: McGehee; Johnson; Willmus; Pust; and Roe).  City Attorney Charles Bartholdi was also present. 

 

2.         Approve Agenda

McGehee moved, Willmus seconded approval of the agenda as presented.

 

                                    Roll Call

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

            Nays: None.

  

3.         Public Comment

Mayor Roe called for public comment by members of the audience on any non-agenda items.  No one appeared to speak at this time.

 

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

Mayor Roe announced vacancies for the Police Civil Service Commission, with applications due by April 12, interviews scheduled on April 16, 2012; and subsequent appointments.

 

Mayor Roe announced an upcoming Community Dialogue on Elder Abuse, co-sponsored by the Roseville and Shoreview Human Rights Commissions, scheduled at the Shoreview Community Center on April 23, 2012 from 3:00 – 5:00 pm.

 

Councilmember Johnson noted his recent attendance at the East Metro SWAT training; reporting that it was an invaluable experience; and recognized those serving on that team and their skills and expertise that he’d evidenced.

 

Mayor Roe shared correspondence received from Rep. Mindy Greiling related to House File #1113, formally supported by the City Council earlier in 2012, related to removing the expiration for Ramsey County registry/deed taxes.  While heard in Committee in February, Mayor Roe advised that the omnibus tax bill passed March 31, 2012 did not include this provision. However, Mayor Roe advised that Rep. Greiling anticipated a gubernatorial veto of that bill; and a second attempt could then be made, with City Council support of that effort as applicable.

 

Mayor Roe reported on a meeting attended earlier today by him, City Manager Malinen and Community Development Director Pat Trudgeon, along with other stakeholders originally involved in the 2002 NE Diagonal study; and sponsored by Ramsey County Commissioner Jan Parker.  Mayor Roe advised that the purpose of the meeting was to update participants in current transportation initiatives in the region, with all cities expressing their interest in continuing to pursue those efforts.  Mayor Roe advised that, action steps outside that meeting had included research of the western terminus of the corridor to Minneapolis to make that connection, as well as reviewing remaining, but limited number of business users of the Burlington Northern Rail line, to determine if continued retention of that right-of-way was indicated.  Mayor Roe advised that a follow-up meeting, convened again by Commissioner Parker, was anticipated and updates provided as applicable.

 

5.         Recognitions, Donations, Communications

 

            a.         Recognize Outgoing Commissioners

Mayor Roe presented plaques of appreciation to outgoing advisory board commissioners and publicly recognized them for their service to the community.

 

Those Commissioners recognized, but unable to attend tonight’s meeting, included David Horsager (Ethics Commission); Glenn Cook (Planning Commission); Jim Campbell (Police Civil Service Commission); and Deborah Battisto (Human Rights Commission).

 

Mayor Roe personally recognized Ms. Gale Pedersen (Parks and Recreation Commission.

 

Ms. Pedersen personally thanked Parks and Recreation Department Director Lonnie Brokke and his staff, as well as former and current Councilmembers, for making her 16-20 years of service so enjoyable.  Ms. Petersen noted the number of new people now serving on the Commission; and encouraged others to serve as well. Ms. Pedersen advised that she was happy with the work of the Commission during her various tenures; and as the current Chair of the Ramsey County Parks Commission promised to continue serving the Roseville Parks and Recreation Commission as a liaison between those two bodies.

 

                   Mayor Roe personally recognized Joe Wozniak (Planning Commission).

 

Mr. Wozniak thanked past and current Councilmembers for appointing him to serve on the Commission.  While being a lot of fun, Mr. Wozniak noted that it was also a lot of work, and he was proud of the accomplishments of the Commission during his tenure, and praised fellow commissioners and their knowledge.  Mr. Wozniak noted the passion of Roseville residents regarding land use issues; and recognized the ongoing interest of commissioners in listening to residents.  Mr. Wozniak noted that he had learned a lot about the City during his tenure; and thanked City staff for their research and preparation on behalf of  commissioners in preparing for monthly deliberations of the body; reiterating his high praise for City staff.

 

            b.         Proclaim April 27, 2012 Arbor Day         

Mayor Roe read the proclamation recognizing the importance of trees in Roseville and the promotion of their proper care and planting many additional appropriate tree species to replace the thousands lost over the years.

 

Willmus moved, McGehee seconded, proclaiming April 27, 2012 as Arbor Day in the City of Roseville.

 

Roll Call

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

                        Nays: None.

 

6.         Approve Minutes

a.            Approve Minutes of March 26, 2012 Meeting

Johnson moved, Willmus seconded, approval of the minutes of the March 26, 2012 meeting as submitted.

 

                                                Roll Call

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

                        Nays: None.

                                                           

7.            Approve Consent Agenda

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

 

a.            Approve Payments

None.

 

b.            Approve Business and Other Licenses

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

                             Applicant/Location

Type of License

Discount 7 Store; 1110 W Roselawn Avenue

(one year)

Cigarette / Tobacco Products

 

Junior League of St. Paul at Roseville Area High School

1240 County Road B-2 West (for a raffle to be held on

Saturday, April 28, 2012)

Exempt

Gambling Permit

 

Roll Call

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

                        Nays: None.

 

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

McGehee moved, Johnson seconded, approval of the submitted list of general purchases and contracts for services presented in detail on the Request for Council Action (RCA) dated  April 9, 2012.

                

Department

Vendor

Description

Amount

Recreation

Americana Fireworks Display

Fireworks display for July 4th

$11,340.00

Streetscape

Advanced Coating Systems

Refurbish wrought iron fence,

Larpenteur Avenue at Gottfried Pit

15,720.00

 

Roll Call

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

                        Nays: None.

 

d.            Award Contract for 2012 Street Maintenance Aggregate Materials and Contractual Concrete

McGehee moved, Johnson seconded, approval of bids as detailed in the RCA dated April 9, 2012; awarding bids for Class 5 aggregate base to Aggregate Industries at a unit price of $11.64 plus tax; concrete panels, curb and sidewalk contracting to Ron Kassa Construction, Inc. in an amount not to exceed $60,338.00; and concrete bin at compost site to Landmark Construction in an amount not to exceed $15,760.00.

 

Roll Call

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

                        Nays: None.

 

e.            Approve Resolution Awarding Bid for 2012 Pavement Management Project (PMP)

Mayor Roe noted that the bid for this project had come in at approximately 16% below the engineer’s estimate; noting the continuing favorable bidding atmosphere.

 

McGehee moved, Johnson seconded, adoption of Resolution No. 10976 (Attachment A) entitled, “Resolution Awarding Bids for 2012 Pavement Management Project; to Valley Paving, Inc. of Shakopee, MN in an amount not to exceed $2,045,327.52.

Roll Call

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

                        Nays: None.

 

f.             Approve Recreation Agreement with the City of Lauderdale

McGehee moved, Johnson seconded, approving a Recreation Agreement (Attachment A) between the Cities of Roseville and Lauderdale for the provision of summer recreation programs between June 18 and August 14, 2012; and authorizing the Mayor and City Manager to execute the document.

 

Roll Call

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

                        Nays: None.

 

g.            Receive Authorization to Accept Minnesota Department of Commerce Grant Fund

Councilmember McGehee pointed out that, once grant funding expired, this program will be funded through forfeitures and related fees.

 

McGehee moved, Johnson seconded, approval of Amendment #1 for Grant Agreement #37716 (Attachment A); and accepting grant funding and proceeding with the outfitting of a bait car (Attachment B); and authorizing the Mayor and City Manager to execute the grant documents.

 

Roll Call

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

                        Nays: None.

 

h.            Amend the Current Joint Powers Agreement of East Metro SWAT to Include Additional Insurance Language

McGehee moved, Johnson seconded, approving revisions to the East Metro Special Weapons and Tactics Team Joint Powers Agreement (JPA); and authorizing the Mayor and City Manager to execute the document.

 

Roll Call

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

                        Nays: None.

 

8.            Consider Items Removed from Consent

 

12.         General Ordinances for Adoption

 

13.         Presentations

 

a.            Receive HRA Quarterly Report

HRA Executive Director Patrick Trudgeon, HRA Chair Dean Maschka; and HRA Housing Manager Jeanne Kelsey were all present to provide this scheduled update.  Mr. Trudgeon noted that all programs operated by the HRA operated under their 2008-2012 Strategic Plan, and under the mission of offering “A Hand Up, Not a Hand Out”

 

Mr. Trudgeon summarized activities undertaken since the last quarterly update, including the Living Smarter Home & Garden Fair, another “zero waste” event with approximately 1,100 people attending; 96% of the materials at the event recovered, re-used, or recycled, and only 4% trash; and noted the many positive comments from attendees, vendors and exhibitors.

 

Councilmember McGehee suggested that the HRA serve as a model with this “zero waste” event for other city-wide events and department coordinators, including RoseFest activities, as suggested to her by interested citizens.

 

Mr. Trudgeon noted that the HRA is in the midst of creating a new strategic plan, since this one has come full term; with the process begun in January of 2012 and anticipated for completion by June of 2012.  Mr. Trudgeon advised that some of the activities involved an online survey, meeting with key stakeholders, and an upcoming HRA workshop scheduled for the morning of Saturday, April 21, 2012 to identify key issues and solutions.  Mr. Trudgeon advised that the HRA had been working with Ms. Barbara Raye to facilitate these discussions and long-range planning efforts; and anticipated a report coming to the City Council in May of 2012 to review their draft strategic plan for the next five (5) years.

 

Mr. Trudgeon advised that, specific to tonight’s meeting, the HRA had been discussing the potential purchase of a property immediately adjacent and south of the Dale Street fire station; with the HRA considering this site, along with the fire station parcel, as a good redevelopment site for housing.  Mr. Trudgeon advised that the HRA has held preliminary discussions about assembling these adjacent parcels for the private market to develop; and before going any further, wanted to determine City Council input regarding their support of the HRA facilitating such a project; and their interest in having the Dale Street fire station parcel as part of the project.  Mr. Trudgeon noted that if parcels were consolidated, it would provide approximately two (2) acres of land; and sought the City Council’s vision for the vacated fire station property.  Mr. Trudgeon advised that the strategy of the HRA was in considering that the combined parcels would allow for better ability to market the property for development to meet the type of housing needs sought by the City.

 

At the request of Councilmember Willmus, Mr. Trudgeon reviewed other four (4) adjacent parcels under the same private ownership in the O’Neal Estate, constituting approximately 1.25 acres, but not currently included in discussions at this time.  Mr. Trudgeon noted that there was a vacant, single-family home currently on the parcel adjacent to the Dale Street fire station, with current zoning designation High Density Residential (HDR).

If the decision is to pursue HRD development on that site, Councilmember McGehee encouraged review of the City’s current housing stock and filling voids in that housing, as well as ensuring that green space and sufficient recreation space was provided.  Councilmember McGehee opined that this was a busy area and any development needed to be mindful of the environment.

 

Councilmember Johnson spoke in support of pursuing these efforts; opining that the HRA would be maximizing the potential of the fire station site; and from a business standpoint by combining the parcels, it would serve to allow the City to drive the zoning and needs, and provide a return on the investment the City has made over the years on that land.

 

Mr. Trudgeon concurred with Councilmember Johnson, clarifying that it was the HRA’s intent to own and facilitate development of the parcels, but not to develop it.  Mr. Trudgeon advised that the HRA was looking to assemble it and sell it off; but noted that this would allow the City to have more control over what was developed there, even though it would be a small project with only two (2) acres to work with, but would provide a high profile as the project was put together.  Mr. Trudgeon advised that it was the HRA’s intent to attempt to maximize the site for community housing needs as a return on investment versus selling off the parcel to apply those resources elsewhere.

 

Mayor Roe opined that it made sense to look at it; and there was no obvious rationale to keep the property for future city needs.  However, Mayor Roe noted that there has been some discussion about using proceeds of that parcel to assist with funding for the new fire station at the City Campus, or for repairs to fire station #2, but he was unaware of whether those plans had been firmed up at this time.  As stewards of public funds, Mayor Roe noted the advantages of buying low and selling high.

 

HRA Chair Maschka noted the intent to build it into a project over a number of years.

 

At the request of Councilmember Willmus, Mr. Trudgeon confirmed that there were other apartment buildings in the immediate vicinity; and also confirmed that to-date, the HRA had not held discussion on acquiring other parcels in the immediate area.  Mr. Trudgeon advised that, as the parcels went further west, a different type of housing (e.g. single-family or step down housing) would be indicated for development.

 

Mayor Roe suggested that the HRA keep those additional parcels in mind, and not rule them out completely as discussions ensued.

 

HRA Housing Manager Jeanne Kelsey provided a brief update on the Living Smarter Website at www.livingsmarter.org; and solicited additional contacts for testimonials to include on the website and meet the Living Smarter media campaign.  Ms. Kelsey suggested some topics could include recycling efforts, transportation modes used by Roseville families, rain garden amenities installed to improve water quality; and other areas that address the quality of life and enhance living in Roseville. 

 

Mayor Roe thanked the HRA for their ongoing hard work and efforts on behalf of the community.

 

14.         Public Hearings

 

15.         Business Items (Action Items)

 

a.            Waive Appointment Process and Confirm Mayoral Appointments to the Housing and Redevelopment Authority

Mayor Roe summarized the RCA dated April 9, 2012, outlining vacancies in the HRA due to the unfortunate resignation of Ms. Battisto due to family health reasons; and Councilmember Pust not running for re-election this fall and therefore stepping down early as a member of the HRA to provide the next Board Member the ability to work on the strategic planning currently underway.  Mayor Roe advised that city councilmember HRA appointments were not historically interviewed; however he suggested the City Council may wish to reconsider that in the future.

 

Mayor Roe noted his recommendation was to re-appoint Ms. Elkins, who had previously resigned from her role on the Board, but due to changed circumstances, was now available again, to resume her role on the HRA and complete her term, expiring September 23, 2015.  Mayor Roe further recommended appointment of Councilmember Willmus to complete the term of Councilmember Pust on the HRA Board, with a term expiring December 31, 2014.

 

Johnson moved, McGehee seconded, waiving the Resolution 10783 appointment process for HRA appointment process.

 

Roll Call

                        Ayes: McGehee; Johnson; Pust; and Roe. 

                        Nays: None.

Abstentions: Willmus

Motion carried.

 

Johnson moved, McGehee seconded, adoption of Resolution No. 10977 (Attachment B) entitled, “Resolution Approving Mayor’s Appointment of Councilmember Bob Willmus to the Housing and Redevelopment Authority in and form the City of Roseville to fill an unexpired term;” to complete the HRA term  through December 31, 2014.

 

Roll Call

                        Ayes: McGehee; Johnson; Pust; and Roe. 

                        Nays: None.

Abstentions: Willmus

Motion carried.

 

Johnson moved, McGehee seconded, adoption of Resolution No. 10987 (Attachment A) entitled, “Resolution Approving Mayor’s Appointment  of Susan Elkins to the Housing and Redevelopment Authority in and for the City of Roseville to fill an Unexpired Term;” to fill the term through September 23, 2015.

 

                                                Roll Call

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

                        Nays: None.

 

b.            Approve Strategic Planning Mission Statement/Aspirations

Mayor Roe advised that he and Councilmember McGehee had served as an ad hoc committee of the City Council to combine and revise several versions of a Mission Statement and Community Aspirations; and read the resulting statement and aspirations for City Council approval.

 

Johnson moved, Willmus seconded, adoption of mission statement and community aspirations (Attachment A).

 

Mayor Roe thanked Councilmember McGehee for working with him on this revision.

                                                Roll Call

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

                        Nays: None.

           

16.         Business Items – Presentations/Discussions

 

a.         Continue Discussion on Performance Management Program

Finance Director Miller summarized the background and ongoing discussions with the City Council on the concept of a Comprehensive Performance Management Program (PMP) for the City over the last few years; and current recommendations to now formally institutionalize that PMP and determine City Council commitment to proceeding with a PMP process.  Mr. Miller assured Councilmembers that staff was committed to doing so and ready to proceed.  Mr. Miller noted the example of such a framework (Attachment B) that he had used to incorporate those various processes that the City has already committed to, and provided a draft PMP specific to the City of Roseville (Attachment A), noting that it had been created to be purposefully consequential.

 

Councilmember Willmus noted that the major component of the 2012 calendar (Attachment A) is the community vision, survey and goals; and expressed his concern for the timing of the survey, since the 2012 year was well underway.  Councilmember Willmus suggested that in 2014, the survey period be considered earlier in the calendar year, since many Roseville citizens headed south in the fall/winter, and he was concerned that their input would be lost if an input session was held later in the year; and in the biennial cycle of surveys, they be adjusted to occur earlier in the year.

 

Mr. Miller noted this great discussion point on the timing of the survey, opining that it had significant value no matter when it was done.  However, Mr. Miller concurred that it was up the City Council to determine when they thought the most valued information could be sought and the timing in the cycle as they moved into goal setting and long-term planning.  Mr. Miller reminded Councilmembers that this was a “work in progress,” and subject to revisions as it evolved.

 

Councilmember McGehee stated strong support for the Performance Management Program, most especially its emphasis on achieving results that matter to the public determined by clear and efficient communication with the public, the city’s stakeholders.  She continued to stress the philosophy from the opening of the report opining that the practices initiated will have to be sustained.  She also referenced summative and formative evaluations as discussed in the document.  Summative information aids in evaluating whether or not a program is successful as measured against set goals while formative information helps to define what is working in the implementation of a program, activity or department.  She agreed that this information would be part of that collected in the survey as referenced by Councilmember Willmus.  Councilmember McGehee suggested moving the survey to different places in the cycle, as well as other items, to determine where they proved most valuable.

 

Councilmember Johnson noted that doing the community survey could be done whenever it is best and receiving results could be put off until the beginning of the year.

 

At the request of Mayor Roe, Mr. Miller reviewed the 2012 and 2013 calendar proposals (Attachment A), including information gleaned to-date in the first 4-5 months of 2012, and staff’s updating of goals, outlining department-wide strategic goals five years out; and building on the pieces laid from other foundational initiatives over the last 18 months.  Mr. Miller emphasized the importance of not going backward with steps in the process once goals had been set, and not changing those goals during the cycle – whether they had been achieved of not, with operational changes made as part of the normal budgeting process toward the end of the year for the next year.

 

City Manager Malinen suggested September for the survey rather than October or November.

 

At the request of Councilmember Johnson, City Manager Malinen clarified that this was a biennial community survey.

 

Mr. Miller continued to review the various components of the 2012 and 2013 calendars and foundational initiatives, including setting priorities, long-term capital improvement planning (CIP), and development of financial policies and next year’s budget cycle for the biennial budget process.  Mr. Miller reiterated the importance of not going backwards, and for the City Council and staff to discipline themselves accordingly, and make the best of existing resources, even though everything laid out twelve (12) months ago may not be successfully achieved.

 

Mayor Roe observed that this would require allocating resources; and perhaps pushing goals and/or projects out to remain within budget parameters.

 

City Manager Malinen noted that strategic planning for 2012 then became the 2014-2015 biennial budgets, as discussions were pursued in 2013 to move forward as additional information was found.

 

Mr. Miller noted the program relations as building blocks as in indicated in Attachment A, gleaned from broad strategic planning to budget adoption and sequential steps to get that end result.  Mr. Miller opined that this would assure the community of the commitment of the City Council and staff.

 

City Manager Malinen noted that this PMP was created through the last 4-5 years culmination of staff instituting strategic plans on a department-wide nature; expansion of the CIP; and opined that development of this regular cycle would continue to improve the entire process.

 

Councilmember McGehee expressed her appreciation to Mr. Miller for the format of the PMP and calendar cycles; and as part of this attempt by staff to continue clearly communicating its management plan to the City Council and the overall community.  Councilmember McGehee noted that, as laid out on the first page, the processes were transparent, and served to emphasize the City Council and staff’s service to its stakeholders.

 

 Councilmember McGehee noted that the PMP still needed to be customized for the City of Roseville and provided suggestions to Mr. Miller regarding what she would like to see included in such a customization.  She read from the document, “Simply superimposing a performance management process onto a traditionally managed organization may sound good, but in practice, it is not likely to make any difference.  To make real improvements, organizational culture must also be addressed.”  She also noted the remarks regarding staff training, pointing out that it had not been a high priority for the Council in the past, but that the Council should be aware of it as part of this process.  Referencing page 27, which addresses issues of managing the process, managing the staff, and managing relationships, Councilmember McGehee opined that she would like to see an implementation plan that moves ideas and processes from individuals, to staff, to strategic planning, to overall City Management.  She again spoke in support of this process where the commitment as to the implementation of the needs and desires of the stakeholders.

Mayor Roe clarified that it was the intent in Attachment A that the PMP format include the Roseville philosophy of informing the process for the community and other stakeholders for performance management.

 

Councilmember McGehee referenced page 53 of the model PMP as an example.

 

Mayor Roe suggested that staff consult with the City of Minneapolis as a resource to learn from their experiences and/or mistakes in implementing a PMP; as well as others in MN and WI.

 

Councilmember McGehee suggested Ramsey County as another resource.

 

Councilmember Willmus expressed his appreciation of City Council goal setting on a biennial basis (2013 and 2015); and the importance of doing it well, while recognizing that there would be changes, but it was important to capture that new goal for future City Councils.

 

Mayor Roe concurred, noting that it was important to inform them of the process of goal implementation as well.


Councilmember McGehee supported the philosophy of the program and the Council’s desire to implement it, stating that it was most important to make this new process clear and concise to the public and emphasizing the public’s role as stakeholders in the process, encouraging and inviting them to be more involved and also seeking their opinions through regular surveys.

 

Mayor Roe suggested having a section of the city web site devoted to the Performance Management Program.

In conclusion, Mayor Roe sought individual Councilmember comment on the PMP and process.

 

Councilmember Johnson expressed his support of moving forward in this fashion.

 

Councilmember Pust noted that she had expressed her views in previous discussions.

 

Mayor Roe, from a staff perspective, sought input on how they saw the process moving forward to finalize the management plan and role of the City Council; of if a subcommittee of the City Council was needed to work with staff to put the final document together.

 

City Manager Malinen opined that while more heads at the table with staff to connect them with Councilmembers, he was confident that staff was prepared to complete the process and bring a document forward for the City Council to adopt as their official policy.

 

Mr. Miller concurred, noting the need to complete production of the text; and anticipated staff would have something ready for City Council action in May.

 

Mayor Roe suggested that any interested Councilmembers could work with staff off-line between now and then to provide additional input.

Mr. Miller advised that it was staff’s intent to identify the major steps in the cycle and their sequential order; however, he clarified that those were not the only steps, and that other interim steps would be needed in between those major steps.

 

In terms of public input, Mayor Roe suggested ongoing citizen feedback through seeking their response to interactions with City government, similar to that done for participants in the recreation program.  Mayor Roe suggested that, either via a questionnaire or through a website-based program, that input be sought regularly in addition to the input from a community survey; and thus providing a direct poll of their experience from a performance measurement that would be of great value for tracking purposes.

 

Councilmember Willmus concurred; and suggested expanding the Parks and Recreation Department information process to other city-wide departments.

 

Mayor Roe thanked staff and expressed his interest in the documents to be presented by staff in May; and reminded individual Councilmembers to provide feedback in the interim to Finance Director Miller.

 

14.       City Manager Future Agenda Review

City Manager Malinen reviewed upcoming agenda items.

 

15.         Councilmember-Initiated Items for Future Meetings

None.

Closed Executive Session

City Attorney Charlie Bartholdi provided a background on the city-initiated condemnation action in May of 2009 against Xtra lease, et al on property located within the Twin Lakes Redevelopment Area; with the court granted the city’s petition in July of 2009 and appointed commissioners to determine the property value.  During that time, City Attorney Bartholdi advised that the other party filed an inverse condemnation counter-claim, seeking that the city’s cost allocation and overlay ordinance be declared invalid.  City Attorney Bartholdi advised that a judge’s decision had recently been rendered.

 

City Attorney Bartholdi reviewed the grounds permitting closure of the meeting and the subject matter to be discussed; with the purpose of the Closed Executive Session to discuss litigation strategies, as allowed under Minnesota State Statute 13.D.05, subd. 3.b for the City Council having the right to hold a closed meeting to discuss litigation when attorney-client privilege prevails to keep litigation strategy confidential, when deemed that by keeping the meeting open, it could impair the city’s case.

 

Pust moved, Johnson seconded, moving into Closed Executive Session at approximately 7:24 p.m. for the purpose of discussing litigation strategy (City of Roseville v. Xtra Lease, et al); pursuant to Minnesota State Statute 13.D.05, subd. 3.b; to prevent disclosure of confidential information putting the City in an unfair advantage.

 

Roll Call

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

Nays: None.

 

Mayor Roe advised that, upon completion of the closed session, the City Council would reconvene in open session and formally adjourn the meeting.

 

 

16.      Adjourn Closed Meeting

McGehee moved, Willmus seconded, adjourning the Closed Executive Session at approximately 7:45 p.m. and reconvening in Open Session.

           

            Roll Call

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

Nays: None

 

 

 

16.         Adjourn

McGehee moved, Willmus seconded, adjournment of the meeting at approximately 7:46 pm.

 

Roll Call

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

            Nays: None.