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Council Meeting Minutes
March 24, 2014
1. Roll Call
Mayor Roe called
the meeting to order at approximately 6:00 p.m. Voting and Seating Order: Willmus;
Etten; McGehee; Laliberte; and Roe. City Manager Pat Trudgeon and City Attorney
Charles Bartholdi were also present.
2. Approve Agenda
requested removal of Consent Items 7.c, d, e and g, respectively entitled, "Approve
General Purchases and Sale of Surplus Items in Excess of $5,000;" "Approve
Amendments to the 2013 Budget;" "Approve Metropolitan Council Environmental Services
Clean Water Fund grant Agreement No. SG2014-002 for the Sewer Lateral Grant
Program;" and "Request by University of Northwestern for Approval of Field Lighting
for Renovated Outdoor Athletic Facilities as a Conditional Use at 3003 Snelling
Etten seconded approval of the agenda as amended.
Etten; McGehee; Laliberte; and Roe.
3. Public Comment
Mayor Roe called
for public comment by members of the audience on any non-agenda items. No one
appeared to speak.
Communications, Reports, Announcements and Housing and Redevelopment Authority (HRA)
Roe announced an upcoming Naturalization Ceremony at the Roseville Skating
Center on April 16, 2014 at 3:30 p.m., and hosted by the State of MN, City of
Roseville and its Human Rights Commission. Additional information is available
by calling 651-792-7023.
announced an upcoming used book sale sponsored by the Friends of the Ramsey
County Library, scheduled from April 23-27, 2014 at the Ramsey County Roseville
Branch at 2180 Hamline Avenue. Materials for sale will be available from all
seven branches in the system; and proceeds will benefit the Ramsey County
library system. Additional information is available by calling 651-486-2213.
Roe announced the fundraiser for Roseville Law Enforcement Explorer Post #574
with flyers available at the back of the room for this effort by Roseville
Chipotle at Rosedale Mall.
Roe announced opportunities for students in the ten member city consortium of
the North Suburban Communication Commission to participate in that body's
scholarship program, with an application deadline of April 11, 2014.
Additional information is available at CTVNorthSuburbs.or/nscc or by calling
Mayor Roe noted
the 7th annual display at City Hall of quilts and wall hangings by
the Minnesota Contemporary Quilters Group, on display through mid-April 2014,
with viewing during normal City Hall office hours.
On behalf of the
community, Mayor Roe paid tribute to Roseville firefighters for their diligence
at the recent apartment fire in Roseville; and expressed the community's appreciation
to the caretaker of that building for his attempted rescue of the one victim in
this tragedy. Mayor Roe extended the community's sympathy to the family and
friends of the fire victim.
Donations and Communications
6. Approve Minutes
McGehee seconded approval of Meeting Minutes of the February 20, 2014 Special Council
Meeting as amended; February 24, 2014 Regular Meeting as amended; March 3, 2014
Regular Meeting as amended; March 10, 2014 Regular Meeting as amended; and the
March 13, 2014 Special Meeting as presented.
Page 2 and following pages (Roe)
on pages two and forward to "Special" meeting rather than Regular meeting
Page 10, Line 9 (Etten)
read: "for [one-half of the bridge costs] the bridge in its
Pages 11 and 14 (Roe)
the body approved including the bench handouts related to these items as part
of the packet of record rather than attached to the minutes.
March 3, 2014
Page 2, Line 16 (Willmus)
Typographical correction: change "interrupted" to "uninterrupted"
March 10, 2014
Page 12, Line 12 and Page 15, Line 4 (Etten)
spelling of Mr. and Mrs. Denman to "Drennan" and Ms. Drennan's first name to
Approve Consent Agenda
There were no additional
changes to the Consent Agenda than those previously noted. At the request of Mayor
Roe, City Manager Patrick Trudgeon briefly reviewed those items being considered
under the Consent Agenda.
Etten moved, Laliberte
seconded, approval of the following claims and payments as presented.
Willmus; Etten; McGehee; Laliberte; and Roe.
Approve Business Licenses & Other Licenses & Permits
Etten moved, Laliberte seconded, approval of business license
applications for the period of one (1) year, for the following applicants:
Type of License
Shen Jie Fu; New Dragon
320 Rosedale Center
Su Jun Guo; New Dragon
Request by Peak Investments, LLC in conjunction with property
owner Roseville Crossings, LLC for Approval of a Temporary Drive-through Coffee
Kiosk as an INTERIM USE at 2154 Lexington Avenue
clarified that approval of this item would be through adoption of a resolution.
Charles Bartholdi further noted that in the resolution, page 2 of 4, line 51
(second "Be It Resolved"), the typographical correction from "commercial
greenhouse activity" should be revised to read, "prior to the commencement of
the INTERIM USE."
Etten moved, Laliberte
seconded, adoption of Resolution No. 11136 (Attachment F) entitled, "A
Resolution Approving a Temporary Drive-through Facility as an INTERIM USE at
2154 Lexington Avenue (PF14-005);" as amended:
Line 51 (second "Be It Resolved"): typographical correction from "commercial
greenhouse activity" should be revised to read, "prior to the commencement of
the INTERIM USE."
8. Consider Items
Removed from Consent
Approve General Purchases and Sale of Surplus Items in Excess of
At the request
of Mayor Roe, City Manager Trudgeon briefly summarized this request as detailed
in the Request for Council Action (RCA) dated March 24, 2014.
McGehee questioned the necessity and frequency of use for this rescue boat and
trailer, since the City contracted with Ramsey County for this service.
Tim O'Neill and Battalion Chiefs Dave Brosnahan and Greg Peterson
deferred to Battalion Chief Brosnahan and Peterson, as they worked closely with
the Ramsey County Sheriff's Department on these types of responses.
advised that the Roseville Fire Department was called on for this type of water
emergency rescue from one to eight times annually; and noted that the request
for this type of vessel had come at the recommendation of John St. Germain of
the Ramsey County Sheriff. Since the County did not staff this program 24/7
even though they were the jurisdictional agency, Chief Brosnahan advised that
they relied on local departments to respond, typically arriving first on the
scene due to logistics. With County water rescue personnel, Chief Brosnahan
advised that they would typically respond from their personal homes with boat
storage in their garages; and other situations may also find them already
launched on another lake and unable to immediately respond, creating that
dependency on the local department. With the availability of a boat with
similar amenities as theirs, Chief Brosnahan advised that the County found that
to better address overall operations.
advised that the current boat was fifteen years old and had been scheduled for
replacement for some time, and continually deferred. Even with limited use,
the intent to "train for the worst and hope for the best," Chief O'Neill noted
that the current blow-up boat was not designed for water rescue, and if up to
the Roseville Department, would have been replaced some time ago, as it was not
conducive to getting people out of the water, as it tended to flip if
passengers were off-center, potentially costing firefighter injuries and/or
noted in the last Fire Department Report, the Roseville Department had
performed joint rescue training with Ramsey County recently; and continued to
interact and train with Ramsey County emergency personnel.
In terms of
other entities within Ramsey County, Mayor Roe asked if other jurisdictions or
municipalities had similar water rescue capabilities.
advised that Lake Johanna Fire Department had a boat similar to the current
Roseville equipment, and the City of New Brighton also had water rescue
capabilities, but he was unsure of any others;, since the City of Roseville was
called upon to offer mutual aid assists for any larger water emergencies in the
With that in
mind, Mayor Roe opined that one boat may not be sufficient for those larger
events, therefore making having additional boats available in the county more
of a necessity.
McGehee moved, Laliberte
seconded, approval of the submitted list of general purchases and contracts for
services presented as follows; and as detailed in the Request for Council
Action (RCA) dated March 24, 2014; and Attachment A entitled, "2014 Capital
Improvement Plan Summary - Updated 03/18/2014."
Milpro Marine LLC
Rescue boat & trailer
Clarey's Safety Equipment
Ventilation Fans - 3
Transmission repair on Fire Vehicle
Laserfiche Software Upgrade
Storm Sewer Lining
Truck Utilities, Inc.
Replace Ford F350
Laliberte seconded, approval of trade-in/sale of the following surplus item:
Rescue boat & trailer - sale estimate pending
Approve Amendments to the 2013 Budget
McGehee questioned where expenses stood for Emerald Ash Borer (EAB) treatment
so far this year.
Trudgeon responded that he was not prepared to respond, but would seek an
update from staff for the City Council at his earliest convenience. Mr.
Trudgeon noted that the extremely cold weather had been seen as a positive in
delaying or eliminating this infestation.
Roe noted that of the original $100,000 set aside for this treatment set aside two
years ago, not all had been expended at that time.
response to Councilmember McGehee's request to clarify where the $16,000 in
cash reserves was coming from as noted in the report, Mayor Roe stated that
even though the money came from reserve funds, the budget would need to be amended
part of last year's budget and levy discussions, Councilmember Willmus noted
the request to staff to provide a periodic update for carryover balances from
prior years, and asked that the information be provided in the near future,
which was duly noted by Mr. Trudgeon.
the request of Councilmember McGehee related to Police Department wages and
equipment in the amount of $212,000, Mr. Trudgeon advised that he would need to
get that additional detail from staff and bring it forward to the City Council.
Mr. Trudgeon noted some of the items involved joint efforts and extra staffing
requirements with other jurisdictions and agencies for special enforcement issues
(e.g. drunk driving canvases and other types of operations), and would get that
information from the Chief and provide it to the City Council at a later date.
Roe noted that forfeiture information had been provided by the Chief at a
previous meeting, and was part of those joint efforts.
the Communications capital outlay of $50,000 for Council Chambers equipment and
communications enhancements, Councilmember Laliberte asked if there were
remaining concerns in the operation of the system.
Trudgeon responded that this expense was related to audio updates, and there
still remained some audio playback issues, as Councilmember Willmus had alerted
staff to, with diagnoses and fine-tuning still underway to address those remaining
Roe noted that, in his discussions with CTV technicians, the playback issues
were not necessarily with the City's equipment, but interfacing between CTV and
Comcast. With the recent audio upgrades in the Council Chambers, Mayor Roe
noted that those audio issues could be dealt with from the booth versus working
through issues in a less efficient and effective manner.
moved, Etten seconded, to approve the year-end amendments to the 2013 Budget as
detailed in the RCA dated March 24, 2014.
Approve Metropolitan Council Environmental Services Clean Water
Fund Grant Agreement No. SG2014-002 for the Sewer Lateral Grant Program
sought a clarification of where the Inflow and Infiltration (I & I) issues
were located: whether mostly in the stub, or in the laterals.
Works Director Duane Schwartz advised that it was difficult to determine
exactly where the I & I was coming from. With the request for this
program, Mr. Schwartz advised that it would address the main to the building,
with that entire lateral system for homeowners in Roseville eligible for this
grant program, which could involve a portion of the line or relining the entire
system, on a case by case basis depending on the situation.
McGehee questioned the average distance and cost involved for typical
Schwartz advised that both distance and costs would vary; however, with a
typical residential neighborhood and 30' setback, the distance was typically
60' from the foundation on average. Mr. Schwartz further advised that costs
could vary from a few thousand dollars to replace a portion to in excess of
$10,000 to replace the entire length, depending on frost and tree conditions.
McGehee referenced previous discussions on economies with a larger group of
properties for lining in the same vicinity.
Schwartz concurred that most laterals within a given segment of the sewer line
- or manhole to manhole - would reduce mobilization logistics, and therefore
McGehee opined that this was something needing serious consideration to take
advantage of, but not unless staff can organize such clusters and define a
sufficient number of areas needing assistance. Councilmember McGehee
referenced the televising of most lines throughout the City, opining that this
put them in a good position to target those areas having the most problems, or
where issues kept coming up versus only a select few spread out among the
community creating a huge expense for them and not efficient efforts on the
City's part to address the problem or take advantage of this program.
Schwartz advised that staff was currently developing letters for properties
having been identified with "root issues" as part of the 2014 Pavement Management
Program (PMP); with those residents receiving the letter based on past televising.
Mr. Schwartz clarified that the City only televised approximately 10% of the
system annually, but could use that technology from recent years to provide
that notice. Mr. Schwartz advised that staff was currently working through the
identification and mailing process over the next month or two as plans are finalized
for the 2014 PMP. Mr. Schwartz noted that residents would also be advised in
general through the City's newsletter and other communication efforts to encourage
them to apply for this program as long as funds remain available. Mr. Schwartz
advised that a number of inquiries about the program had been fielded by staff;
with one additional frozen sewer line repair under a wider county road
redirected to a different sewer on the same side of the road, also being
eligible for this program. Mr. Schwartz noted that staff continued to promote
the program until funds are fully expended; and his most recent inquiry with
the Metropolitan Council indicated that approximately one-half of those total
county-wide funds remained available.
moved, Etten seconded, approval of Metropolitan Council Clean Water Fund Grant
Agreement No. SG2014-002 monies for grants for homeowners for replacement of
sanitary sewer services.
Request by University of Northwestern for Approval of Field
Lighting for Renovated Outdoor Athletic Facilities as a CONDITIONAL USE at 3003
At the request
of Mayor Roe, City Manager Trudgeon briefly summarized this request as detailed
in the Request for Council Action (RCA) dated March 24, 2014. As noted on the
attached Planning Commission meeting minutes, Mr. Trudgeon noted that as part
of this improvement, the University was looking to upgrade its public address
system, which would be much improved with the ability to provide direction
bench handouts, were included as part of this item, consisting of: an e-mail
dated March 22, 2014 from Timothy Callaghan (3062 Shorewood Lane); an e-mail
dated March 24, 2014 from Brian Humphries, Associate VP of Facility Operations
and Planning at University of Northwestern forwarding an attached e-mail of the
same date from Chris Nelson, Bethel University and resident (at 1678 Lydia
Avenue W); a March 24, 2014 Letter from Richard R. Reynolds (resident at 3191
Shorewood Drive, Arden Hills, MN and property owner of 2746 Merrill Street
Roseville, MN); an March 24, 2014 e-mail from Timothy Callaghan (3062 Shorewood
Drive); and e-mail dated March 24, 2014 from John Huyett (3203 Shorewood
McGehee, having received noise complaints over a number of years from residents
adjacent to this campus, questioned why this was being considered as a
Conditional Use rather than an Interim Use, which she would be more comfortable
with, similar to the coffee kiosk approval granted earlier. Councilmember
McGehee opined that this would ensure that the public address system was
actually updated in a way that it would be directed away from neighbors and
onto the campus itself. Specific to the Conditional Use request, Councilmember
McGehee opined that the details on candle lights and decibel measurements did
not provide her with a sufficient level of comfort; and while she was not
opposed to the University having a public address system or lighted fields, she
expressed her preference for a timeframe identified to address their location
in this highly residential area and impacts to their neighbors.
responding to other issues raised by Councilmember McGehee, Mr. Trudgeon
clarified that the requested Conditional Use was for approval of field lighting
for renovated outdoor athletic facilities and not for the public address system,
as the public address system was a legal, nonconforming use under City Code and
covered under the campus's Planned Unit Development (PUD), last updated in 2007
under their 2003 Long-Range Campus Master Plan, at which time field lighting
was among items listed for future implementation as budgets allowed; and
therefore providing limited ability for the City to control at this point.
that clarification that this request is specific to the field lighting, a
permitted use by Conditional Use under City Code provisions, Mr. Trudgeon
questioned if it was even possible to rather suggest that as an Interim Use,
since this was a substantial investment by the University and for fairly
long-term use. Mr. Trudgeon suggested other methods already available in City
Code to deal with nuisance violations, with ultimate revocation of the
Conditional Use if significant and ongoing violations were found. Having
worked with the University for a number of years, Mr. Trudgeon opined that he
didn't see them being unresponsive to any issues brought forward and attempts
to address them; and if the noise threshold was crossed, creating reported
noise nuisance, which appeared to be sustained over time, they could be
adequately addressed. Mr. Trudgeon further opined that he thought the
Conditional Use was totally justified. Mr. Trudgeon recognized that there
appeared to be dissatisfaction from some in the adjacent neighborhood, but he
did not define that at the point of being a nuisance under the thresholds outlined
by State law and City Code. Mr. Trudgeon advised that staff would continue to
monitor that and partner with the University to solve any such problems. As an
example, Mr. Trudgeon noted that, in the past music was played over the public
address system immediately before games, and based on neighborhood complaints,
the University had voluntarily stopped that practice. Mr. Trudgeon reiterated
that sufficient safeguards were in place to address those issues; and expressed
confidence that any of them could be worked through cooperatively.
McGehee offered to take City Manager Trudgeon's word on that issue; however,
she opined that staff had not done sufficient due diligence to-date, and didn't
even have adequate equipment to measure decibels. Councilmember McGehee
questioned how the City would properly measure and accurately monitor the
situation if they didn't even have the equipment available to do so, or to do
so accurately. Councilmember McGehee opined that if the City invested in the
proper equipment, it could address the issue more accurately.
Roe refocused discussion on the subject at hand, field lighting, not noise
McGehee reiterated that she would take Mr. Trudgeon's word on this, and if
adequate equipment was in place to investigate complaints, she would be happy.
moved, Willmus seconded, adoption of Resolution No. 11137 (Attachment E)
entitled, "A Resolution Approving Outdoor Athletic facilities with Field Lighting
as a Conditional Use at 3003 Snelling Avenue (PF14-003);"
Willmus; Etten; Laliberte; and Roe.
Laliberte thanked neighbors for attending the Planning Commission meeting to
speak; and thanked the Planning Commission and staff for their work as well.
the record, Mayor Roe clarified that it had been suggested, but not confirmed,
that staff did not have adequate equipment available to monitor and determine
sound compliance issues.
General Ordinances for Adoption
Adopt an Ordinance Amending Table 1004-5 of the Zoning Ordinance
Specific to the Medium Density Residential District
Thomas Paschke reviewed this request as detailed in the RCA dated March 24,
2014. Mr. Paschke noted one revision to the Table 1004-5 included in the
meeting packet, and a potential conflict with the City's Subdivision Ordinance,
as part of the regulating plan and map previously adopted by the City Council,
and the need for further clarification as the separation for minimum periphery
alley setbacks related to distance. While the initial goal of staff was to
clarify that, since there was no current established setback for that use, Mr.
Paschke advised that until further review and analysis was performed by staff,
the proposed Table 1004-5 be revised to delete that final line on the table.
began his review with specifics for row homes and the nature of their design.
Mayor Roe spoke
specifically to the row homes in the Greater Metropolitan Housing Corporation's
(GMHC) proposal along Dale Street, verifying that their proposed front yard setback
is actually larger than this action would require.
confirmed that they were proposing a larger setback than this would require;
and that, as noted in the Table (page 5 of the RCA), that setback was based on
the type of street as detailed in the footnotes immediately following the
further addressed the intent in setback revisions to address open areas and
front porches, and town homes, using the GMHC proposal as an example along Cope
Avenue and periphery setbacks.
At the request
of Councilmember McGehee, Mr. Paschke confirmed that staff was recommending
changes for code city-wide, not specific to the Dale Street Project itself.
Since the Dale
Street Project was special and experimental in Roseville for this type of
housing, Councilmember McGehee questioned the wisdom of changing code beyond
this project, and whether it may create problems in other single-family
neighborhoods, not just with the surrounding neighbors for this development.
clarified that, currently there is no way available to limit those setbacks under
City Code, and that this requested action would provide that protection for
existing adjacent single-family properties.
At the request
of Councilmember McGehee, Mr. Paschke confirmed that changes for this specific
GMHC project could have been accomplished under a PUD; he questioned if it
would address problem areas in City Code that had become evident in reviewing
this first-ever proposal for such a development from GMHC. If similar
developments were to occur elsewhere in Roseville, Mr. Paschke opined that it
would prompt necessary modifications at that time as well.
McGehee opined that she agreed with the row home setbacks; however, she
questioned if changes were needed for other potential pocket neighborhoods,
based on potential impacts to other neighborhoods. Councilmember McGehee
expressed her support for this GMHC development and the entire process;
however, she was not happy in taking things needed for this very well-designed
project and spread it throughout the community.
Trudgeon recognized that a combination of several different medium density land
uses within one development was unique; however, he noted that this revision
would apply city-wide and was a direct result of a more fine-tuned analysis by
staff as it reviewed the GMHC proposal and whether City Code adequately
addressed those issues in other areas of the community as well. Mr. Trudgeon
noted that, while the 2010 Code provided illustrations and possible ideas, it
couldn't adequately address each and every concern. While the City may never
have another development with a similar mixture, Mr. Trudgeon asked that the
City Council carefully consider each housing type - whether row homes, attached
homes, or courtyard housing - separately, and outside the Dale Street Project.
Mr. Trudgeon opined that staff was recommending what they felt were better
standards for use throughout the City of Roseville.
noted that Councilmember McGehee raised a good point, whether the City Council
was comfortable with these changes city-wide for Medium Density Residential
Based on the
proposed increase from 30' to 45' for rear yard setbacks for everything other
than multi-family housing, Councilmember Willmus requested background from
staff in recommending this increase.
advised that part of the concern was raised a couple of years ago by Mayor Roe
for areas where residential uses were moving from higher to lower density. Mr.
Paschke stated that it was staff's opinion that a greater setback should be in
place for a massed apartment complex versus a less dense application (row homes
or townhomes) in an MDR District. While the proposed 45' was not a huge
increase, Mr. Paschke opined that it would serve to greatly reduce potential impacts
for a multi-family building's mass from other properties, and would be more
appropriate for that type of application rather than for the smaller, less
impact housing units of townhomes, which should be sufficient at 30', and was
consistent with what was currently in place and not much different from
single-family, townhome designs in smaller developments city-wide.
questioned whether that increased footage was supported by the Planning
Commission as well, with Mr. Trudgeon referencing the Planning Commission
meeting minutes of March 5, 2013 (Attachment B) and the friendly amendment to
the motion addressing that issue.
At the request
of Councilmember McGehee, staff and Mayor Roe clarified that unless indicated
on Table 1004-5 and footnotes, setbacks didn't apply beyond the courtyard
development proposal, and based on any combination or type of housing unit in
each development proposal coming forward.
Etten moved, Willmus
seconded, enactment of Ordinance No. 1464 (Attachment C) entitled, "An
Ordinance Amending Selected Text of Title 10, Zoning Ordinance of the Roseville
City Code;" as amended to strike the last line of Table 1004-5 for "Minimum
periphery alley setbacks at 10'."
Willmus thanked City Manager Trudgeon and City Planner Paschke for removing the
alley issue at this point for further analysis.
City Attorney Bartholdi
reminded Councilmembers that a Super Majority vote was required to authorize
publication of Ordinance Summaries.
Willmus seconded, enactment of Ordinance No. 1464 (Attachment D) entitled, "An
Ordinance Summary Amending Table 1004-5 of Title 10, Zoning Ordinance of the
Roseville City Code."
Call (Super Majority)
Adopt a Resolution Changing the Comprehensive Land Use Map Designation;
Adopt an Ordinance Amending Zoning Map Classification; 657, 661, 667, and 675
Cope Avenue and 2325 and 2335 Dale Street; and Regarding a Request by the
Roseville Housing and Redevelopment Authority (RHRA) and the Greater
Metropolitan Housing Corporation (GMHC)
Paschke briefly reviewed this request as detailed in the RCA dated March 24,
McGehee noted discrepancies in the map included in this material and that of
this item; with Mayor Roe responding that the maps were included for general
informational purposes only, with this action not considering any actual layout
of buildings, as it remained a concept plan at this point.
moved, McGehee seconded, adoption of Resolution No.11138 (Attachment F)
entitled, "A Resolution Approving an Amendment to the Comprehensive Plan Map
Designation from Low Density Residential (LDR), High Density Residential (HDR),
and Institutional (IN) to Medium Density Residential (MDR) for Property located
at 657, 661, 667, and 675 Cope Avenue, and 2325 and 2335 Dale Street
McGehee moved, Laliberte
seconded, enactment of Ordinance No. 1465 (Attachment G) entitled, "An
Ordinance Amending Title 10 of the City Code, Changing Certain Real Property
located at 657, 661, 667, and 675 Cope Avenue, and 2325 and 2335 Dale Street
from Low Density Residential-1 District (LDR-1), High Density Residential-1
District (HDR-1), and Institutional District (INST) to Medium Density
Residential District (MDR).
Receive and Approve the Recommended Pathway master Plan Build-Out
Plan from the Public Works, Environment and Transportation Commission
Director Duane Schwartz provided the recommendation from the City's Public
Works, Environment, and Transportation Commission (PWETC) on their charge from
the City Council and as a joint goal of the bodies to develop a Pathway Master
Plan Build-out Plan for priority pathway segments included in the 2008 Pathway
Master Plan, first developed in 1975 and updated periodically over the last 38
years, most recently in 2008. Mr. Schwartz clarified that the PWETC understood
their charge was to focus on the financial aspects of a build-out plan as a
basis for their work and ultimate priority ranking.
advised that the PWETC had completed their review and provided final
recommendation at their October and November 2013 meetings; resulting in the
subsequent table listing segments in priority order with scores ranked from 1
to 5, with one the highest and 5 the lowest priority; and a map included with
the location of each of those segments. Mr. Schwartz noted that as part of the
PWEC's recommendation, the City Council Master Plan Build-out should be guided
over the next twelve years for funding those segments listed at 3.4 or higher
as the highest priorities. Mr. Schwartz also noted that their recommendation
suggested that the City Council give priority to any reconstruction or pavement
projects for Ramsey County rights-of-way; and that the City Council give
consideration to consider moving segments within the Plan as they may coincide
with City pavement projects as well. Mr. Schwartz noted that the PWETC asked
that staff specifically advise the City Council that their recommendation did
not include County Road B-2 as a priority, based on their understanding that
County Road B-2, which would have been a top priority, was already in process
as part of the Parks Master Plan Implementation and currently in bid evaluation.
noted that, throughout the process, the PWETC was challenged to define a set of
criteria for that build-out recommendation, including previous work done in
2008 and documentation; all evidenced in their final ranking recommendation and
discussion detailed in their Commission meeting minutes; and including several
opportunities for public comment throughout their deliberations.
clarified that the intent of this presentation tonight was for the City Council
to receive the recommendations of the PWEC; with no further action intended at
Mayor Roe asked
that staff provide the City Council a copy of the bullet points used as part of
their presentation; with Mr. Schwartz duly noting that request, and clarifying
that they consisted of the final motion taken by the PWETC from their meeting
among staff and Councilmembers included past, current and future Ramsey County
cost-share policies, currently at 50% participation for construction hard
costs, and potential negotiations for rights-of-way and other project-specific
issues and amenities; continued requirement for city responsibility for
rights-of-way acquisition, depending on the availability of federal funds and
the extent of impacts to those adjacent properties; and lack of interest
to-date from Ramsey County in their pursuit of pathways on their roadways, all
outside their most recent 5-year Capital Improvement Program (CIP) with cities
remaining responsible for those amenities even along roads under the county's
advised that staff had just received the most recent updated Ramsey County CIP
that showed them participating financially in the County Road B-2 and Victoria
Street improvements slated for Roseville. Mr. Schwartz opined that this
indicated that the county had heard the city and were incorporating those items
in their plans. Mr. Schwartz noted that this cost share policy was new to
Ramsey County, and therefore, the City may need to expend funds upfront and
wait for reimbursement, since they list this particular project in 2015, but
the City plans to build it in 2014.
a copy of that CIP from Ramsey County for Councilmembers to determine where
their list interacted with Roseville's CIP and Pathway Master Plan and
Build-out Update and where those priorities meshed; with staff duly noting that
suggested that all the items (e.g. PWETC recommendations, Ramsey County Updated
CIP; and City criteria) be included in the draft implementation plan coming
before the City Council as an action item in the future.
At the request
of Councilmember Willmus, Mr. Schwartz opined that the 2008 Pathway Master Plan
Update remained valid, as it provided a much broader review than that given by
the PWETC, and was based on safety and connectivity considerations.
Councilmember Willmus suggested that the PWETC revisit their scoring and
ranking of these segments to ensure consistent criteria from member to member.
Mr. Schwartz responded that they could do so; however, he asked that the City
Council as a body provide a much clearer definition of that charge, noting that
as the criteria changed, it may draw in a much broader portion of the community
to weigh in on that priority ranking.
opined that the PWETC process was much narrower, and when these efforts are
expended in the future, he would prefer to have much broader community input
rather than having one neighborhood group and their vocal concerns take
precedence over and perhaps providing for a broader document.
opined that, until a different ranking was officially adopted by the City
Council, the 2008 Pathway Master Plan remained as the official document. Mayor
Roe expressed his appreciation for having the cost estimates broken out for
each segment, opining that it further informed the process; and suggested that
those costs be incorporated into the 2008 Plan as the official document. Mayor
Roe also expressed his interest in having timeframes identified for Ramsey County
projects to the greatest extent possible to allow that projected timing be incorporated
in the City's CIP, programming pathway funds into it to define a fixed annual
amount. Mayor Roe suggested a closer look for the twelve year period to
determine how the PWETC recommendations tie into the current CIP projections
and how that may or may not impact funding and projects.
At the request
of Councilmember Laliberte, Mr. Schwartz confirmed that Ramsey County provided
an annual update of their 5-year CIP. Councilmember Laliberte suggested that
the PWETC may also want to do an annual review accordingly to determine any
opined that the bullet points and recommendations of the PWETC were sensible;
and they fully met his intent based on the City Council's charge to the PWETC;
to not provide a ranking as much as a skeleton of a plan, which could be
further refined as levy funding and other resources were identified or became
available. Mayor Roe expressed his appreciation for their work and useful
At the request
of Councilmember McGehee, Mayor Roe confirmed that he didn't see this priority
ranking taking the place of the 2008 Pathway Master Plan, especially until the
City Council took formal action and revisited the ranking as a broader process
at the discretion of the City Council.
Laliberte opined that it was important for the City to review other documents,
including the Ramsey County 5-year CIP and determine priorities from a
logistics point as well as using the 2008 Pathway Master Plan ranking. If the
PWETC wished to spend more time on this issue, Councilmember Laliberte opined
that the rankings include those 2008 rankings as well and open up the public
comment process to a larger group of residents; opining that it didn't appear
to her that all pieces and plans were in place yet.
Etten noted that the proposed survey, up for discussion later tonight, included
several questions on pathways and how much of an investment was needed and
where there may be areas of need yet. Councilmember Etten questioned if the
PWETC should be tasked with spending more time figuring out priorities, since
the survey information may determine that before any further work was
Mayor Roe suggested,
with consensus of the body that this Build-Out Plan come back before them
Public Hearing to Consider Off-Sale 3.2% Malt Liquor License for
Walmart Stores, Inc., d/b/a Walmart Store #3404 located at 1960 Twin Lakes
Trudgeon briefly reviewed this request as detailed in the RCA dated March 24,
2014; noting that there were currently eight 3.2 Off-Sale 3.2 Malt Liquor
Licenses in the City; with no limitation under State Statute or City Code at
clarified that this request was for 3.2 beer, not for strong beer or other
opened and closed the Public Hearing at approximately 7:34 p.m. for the purpose
of hearing public comment, with no one appearing for or against.
Business Items (Action Items)
Approve/Deny an Off-sale 3.2% Malt Liquor License for Walmart
Stores, Inc., d/b/a Walmart Store #3404 located at 1960 Twin Lakes Parkway
Willmus seconded, approval of the request by Walmart Stores, Inc., d/b/a
Walmart Store #3404 located at 1960 Twin Lakes Parkway, for an Off-Sale 3.2%
Malt Liquor License, expiring December 31, 2014.
Finalize Draft Survey and Budget for Resident Community Survey
Manager Garry Bowman summarized the request for finalization by the City
Council of the Resident Community Survey, as detailed in the RCA dated March
24, 2014, and related Attachment A.
Bowman noted several additional points added by staff: referring to Questions
34-35 seeking information on Emergency Medical Service (EMS) in addition to the
Police and Fire Service; and the question immediately following needing
additional wordsmithing to make it more relevant. Mr. Bowman also noted input
via e-mail from Councilmember Etten.
City Council Feedback on Draft Survey (Attachment A)
the request of Mayor Roe, Councilmember Etten reviewed his recommended
minor text amendment to ensure consistency
75 - 76
that these questions had already been asked in the survey in different ways,
and supported previous discussions on pathway, suggesting that the survey could
be shortened through deletion of these questions, since they had already been
asked in the questions related to Parks and Open Spaces, and may be redundant,
especially with market rate townhomes and condos.
these questions only seem to extend the survey by repeating questions already
the request of Mayor Roe, Councilmember Etten advised that he had no preference
for one approach versus another, but actually preferred the questions asked
earlier in the survey, opining that they would provide more clarity since they
were asked earlier in the process. Councilmember Etten opined that he could
see no value in asking questions to determine if and when a resident planned to
Willmus advised that he also had no preference one way or the other and didn't
feel strongly one way or the other about it. Specific to the length of the
survey, Councilmember Willmus noted that other communities contracting with
this vendor, including the City of Shoreview with 212 questions on their survey,
did not seem to be too concerned with the survey length.
McGehee concurred with Councilmember Etten's comments, opining that there
seemed to be a lot of overlap in questions, particularly those of a broad,
general nature. Councilmember McGehee opined that she had been hoping for more
meaty questions on the topics at hand. As Councilmember Willmus had pointed
out, Councilmember McGehee agreed that this survey was quite short, and there
were a number of questions about how well a resident liked the community, how
long they'd lived here, etc. If those questions remain in the survey,
Councilmember McGehee expressed her interest in asking them with a more
in-depth nature to provide direction.
terms of survey technique, Mayor Roe opined, and Mr. Bowman confirmed, that it
was typical to ask the same questions in different ways to determine consistency
from respondents. Mayor Roe opined that he personally had no problem in
leaving additional questions or in the length of the survey.
Laliberte noted a typographical error, advising that it should be "or no
Bowman noted that the intent was to define which households had children at
home or living away from home now.
Councilmember McGehee supporting that distinction, and whether the household
may have raised children in the community and taken advantage of services or
programs, Mayor Roe opined that while it may be a different category of those
never having children or those no longer in the home, he questioned if there was
enough of a distinction provided in the survey.
Laliberte, in noting the question regarding the region of the city in which the
respondent was located, questioned if there should be options provided.
Laliberte opined that this question had been discussed at length at the
February 10, 2014 City Council meeting, with the intent being not to educate
people on the survey (e.g. organized hauling versus the current open method) versus
simply asking the question. Therefore, Councilmember Laliberte expressed her
surprise to see it still included, suggesting additional discussion may be indicated.
Etten opined that the extensive education pieces had been removed, but that the
question still provided a basic understanding for the public, while the
objectionable portion had been removed (e.g. unified system), serving to get
rid of those persuasive portions and providing three options of how a program
could be set up and which would be most preferred by the respondent, and providing
sufficient information for them to make an informed decision.
Willmus opined that he was looking for the question to be worded similarly to
other communities (e.g. surveys for the Cities of Shoreview or Fridley) to
allow a comparison. Councilmember Willmus further opined that he had no
problem with the lead-in as long as it was accurate, but he didn't feel
Question 82 was accurate, since communities don't have one of three systems under
current law, only two options (Open or Municipally-organized systems). If the
question proceeds, Councilmember Willmus opined that there were many other
options for municipal collection, included that used by the City of Minneapolis
where they didn't contract for the service but provided it themselves. Councilmember
Willmus clarified that, from his perspective, the question should be, "Do you
want an open or municipal collection system'" and then that would provide
consistency with the surveys of Fridley and Shoreview.
McGehee stated that she didn't agree with that, since no consideration had ever
been given for a municipal system similar to that of the City of Minneapolis.
Willmus duly noted that; however, he noted that the statement indicating that
there are three systems available, as stated and without providing other
variables, was inaccurate, and the City was choosing to highlight only two of
them under the municipally controlled side.
Roe opined that the question, as written, simplifies things, while giving them
something to choose from.
Willmus opined that the core question for the resident was whether they wanted
to remain on the open system or have the city organize collections.
Roe questioned if a more refined way to address the question would be for one
of two systems: an organized system for a single hauler or multiple haulers
throughout the City, or the current system. Mayor Roe opined that this would
get the information from the community and define the difference between the
two, while addressing the issues of Councilmembers Etten and Willmus.
Etten spoke in support of that language proposed by Mayor Roe.
McGehee opined that she was fine with that process, with a different question;
but noted that the question had been turned over to the survey makers, based on
their expertise, and resulting in a reasonable question as drafted.
Councilmember McGehee questioned if the City Council wanted to pretend that
they were qualified survey makers; opining that it was not reasonable that they
should re-write the survey.
Laliberte opined that the language on the draft survey provided on February 10th
was simpler than this language; and included could be used; and with simply
adding options (e.g. "strongly approve, approve, disapprove, strongly
disapprove, don't know/refused") it would address the other issues brought up tonight.
Councilmember Laliberte opined that the language in tonight's draft opened up
more grey areas.
Roe noted that Councilmember Etten had steered the City Council in that
direction based on his comments tonight; and opined that the original language
did more accurately address the information being sought.
Etten advised that he was comfortable with draft language in the agenda packet
tonight, but also with the language read by Councilmember Laliberte, with the
exception of the follow-up question, which he would like to see 1-2 reasons
versus broader information, and if the February 10th draft language
could have minor revisions to address concerns expressed by Councilmember
Willmus, he would be fine with that language as long as it mentions various
zoned in accordance with current law. Councilmember Etten opined that adding
Councilmember Laliberte's suggested options would address that for him.
Willmus opined that he was fine with the Laliberte draft as read.
McGehee opined that she preferred to retain classifications
moved, Willmus seconded, language as agreed to on February 10, revised as
follows (Question 82):
you favor or oppose the City of Roseville changing from the current system in
which residents may choose from several different haulers to a system where the
City chooses a specific hauler for the whole community?
"Do you feel strongly that way? What if it saved you money?"
McGehee expressed her preference for "favor" versus "oppose" and offered a
friendly amendment to have graduated choices.
Councilmember Laliberte advised that she did not accept that as a friendly
amendment, as it creates confusion.
Etten noted it created more of a middle level of the grey area.
Laliberte reiterated her preference to define changing from the current system.
Etten opined that this may not matter at all, and questioned if the semantics
would really change the real information being sought or the decision-making
process the City Council would subsequently be engaged in, opining that it
Laliberte stated that her intent was to avoid confusion for the questioner and
respondent as to the meaning of organized versus non-organized collection.
Roe spoke in support of "in favor" or "opposed" to define how strongly they
felt if that nuance was needed.
Etten opined that the nuance didn't matter.
Etten opined that similar surveys in other communities used "strongly favor"
Laliberte spoke in support of the motion as stated.
moved, Laliberte seconded, a FRIENDLY AMENDMENT to add at the end of the question
the following language: "[or for designated zones within the City]."
Roll Call (Friendly
Roll Call (Motion as
the problems experience this year, Councilmember McGehee spoke in support of a
question for residents to indicate whether they considered water and sanitary
sewer services to be an essential service, similar to that provided by the Police
and Fire Departments.
Etten noted that Question 35 already asked for a rating on the quality of water
and sewer services.
McGehee opined that she wanted the question to allow the resident to give
direction to the City as to whether it should be the City's responsibility at
some level to provide those services.
Mayor Roe opined that this was a confusing question, since the City already provided
Roe noted that there appeared to be no evident consensus to add that question.
86 and 87
Etten questioned whether the sources listed in Question 87 should be included
in Question 86 as a reference.
Bowman advised that his only concern was that he wanted to hear from respondents
any other sources they might use primarily on their own rather than using the
list provided by the City.
Etten supported that rationale.
moved, Willmus seconded, final approval of the Morris Leatherman survey draft,
Laliberte questioned how to address that information or provide choices for
Bowman opined that it was a self-identification question for the resident; but
advised that the survey takers could be directed to provide regions at the City
Roe opined that it was fairly meaningless in its current formation.
Etten opined that a choice of quadrants should be provided.
Laliberte stated that she wouldn't mind eliminating the question entirely,
unless it was beneficial to hear if one particular area had significant issues.
ensued how best to define regions (e.g. voting precincts, neighborhood groups
or constellations, or natural dividing lines); with consensus that the community
be divided in quarters, providing definition similar to that used in the Parks
& Recreation Master Plan map; with staff so directed to do so.
Houck, 1131 Roselawn Avenue
to Item #82 in the draft survey, Mr. Houck expressed his disappointment with
the City Council not being upfront and asking the real question. While having
no real problem in their explaining the three available options, Mr. Houck
opined that the real question was: "Do you want to choose who you do business
with at your house or have the City mandate who you do business with?" If residents
are to understand this issue, Mr. Houck opined that unless that question was
asked, the City Council would not receive a real answer. Mr. Houck referenced
his own personal survey of 100 residents that he had previously presented to
the City council, and 92% of those choosing to continue making that decision on
their own. Mr. Houck opined that this was not about services provided, but
about being able to have the freedom to choose who you do business with at your
own home, and he would personally like to see that question answered.
Size of Survey/Budget
Bowman noted the current survey was constructed of 106 questions, with a cost
of $17,500, which was $2,500 over the allotted $15,000 budget unless respondents
were reduced to 300 at a total charge of $14,500, which would also alter the
margin of error to some degree. Mr. Bowman sought consensus as to whether the
City Council preferred to maintain the survey level of 400 residents and
increase the budgeted amount, or reduce the number of respondents.
As she stated in February, Councilmember Laliberte expressed her preference to
retain the larger respondent pool at 400.
moved, McGehee seconded, retaining the larger sampling pool, and increasing the
budget by $2,500 accordingly, for a total of cost of $17,500 with 400
the request of Mayor Roe, Mr. Bowman responded that he anticipated getting the
survey finalized later this week, and calls to begin within two weeks with results
back within one month.
Mayor Roe recessed
the meeting at approximately 8:03 p.m. and reconvened at approximately 8:10
Appoint Members to Ethics; Human Rights; Parks and Recreation;
Public Works, Environment, and Transportation; Finance; and Community Engagement
Roe suggested a process to be followed in appointments to various commissions, including
several policy discussions as part of this action tonight related to length of
terms for new commissions and the expanded PWETC appointments, and how those
appointees would be deemed eligible for additional full terms.
ensued, with subsequent action by consensus according to the Mayor's suggested
moved, Willmus seconded, appointment of Quick-Lindberg to the Ethics Commission
for a term ending March 31, 2017.
& Recreation Commission
moved, Willmus seconded, appointment of Newby to the Parks & Recreation
Commission for a term ending March 31, 2017.
diminishing the qualifications of Newby, Councilmember Laliberte spoke in
support of appointment of Bole and the ability for his representation of an age
group that would provide another element of the community, and bring pathway
connections back into focus.
McGehee spoke in support of those comments as well, opining that she felt
strongly in appointing Bole for those reasons: his age, interest in
pathways/trails, and to provide a different voice on the Parks & Recreation
Etten expressed appreciation for those comments, and opined if Bole was
appointed, he could support that. However, Councilmember Etten opined that
other candidates also provided other perspectives; and with the Parks &
Recreation Commission intensely focused on updating the Pathway Master Plan,
seeing it as critical, he didn't find the distinction in appointing Bole to be
as significant. Councilmember Etten opined that both candidates Newby and Bole
were deeply connected to the community, and either could provide new ideas and
a highly energized, and different perspective to the Commission.
Roe reiterated his comments made during previous appointment opportunities, that
the applicant pool was very strong, and he appreciated the enthusiasm and
interest of all six applicants for this one position on the Commission, making
the choice difficult without intending to slight any of those applicants.
Discussion on Potential Joint Service of applicants on the Human Rights
Commission (HRC) and Community Engagement Commission (CEC)
Willmus advised that he typically would not support applicants serving jointly
on more than one commission; however, in this case and as he spoke to when
originally discussing this issue when adopting the ordinance, there was the
potential to provide continuity from applicants who had served on the Civic
Engagement Task Force and the work of the Community Engagement Commission going
forward, which he found an important aspect. Therefore, Councilmember Willmus
advised that he was open to having individuals serve concurrently on the HRC
and CEC for a limited period of time.
Etten advised that he was also supportive of joint service in this specific
situation for those having previously served on the Task Force and to allow
limited service on the Commission.
McGehee advised that she would not support this as a policy, since the
commissions were designed to offer a broad background and the broadest range
possible to represent residents. Councilmember McGehee opined that to open up
two positions to serve for even a limited time, was not necessary; and since
those two individuals in question for this appointment had been intimately
involved in the Task Force, the document created by that group can be reviewed
by new applicants and stand as written. Councilmember McGehee opined that
those applicants currently serving on the HRC could have resigned that HRC role
to be considered on the CEC; and recognized the importance of the current leadership
role provided on the HRC, also an important consideration.
Laliberte concurred with the comments of Councilmembers Etten and Willmus.
While normally preferring to extend vacancy opportunities to the broader
community, Councilmember Laliberte spoke in support of those individuals
serving in a dual role, as long as it was for a limited period, based on their
technical background, which could prove above and beyond what the prepared
document may actually provide. On this specific policy, Councilmember Laliberte
advised that she would support dual service on the HRC and CEC for a limited
to this, Mayor Roe noted the resignation of HRC Commissioner Grefenberg,
announced during interviews and supported by his written resignation received
earlier today. Mayor Roe suggested another option would be to re-advertise
that vacancy on the HRC and defer any appointments on the HRC until additional
applications had been received. In talking to Mr. Grefenberg, Mayor Roe
advised that Mr. Grefenberg had expressed his willingness to finish his present
term on the HRC, while his preference remained to focus on the CEC. Mayor Roe
noted that the terms of HRC Commissioners Grefenberg and Becker both expire on
March 31, 2015.
Willmus noted the receipt of two very good applicants to the HRC who should not
have their appointment delayed; and expressed his preference to proceed with
their appointments. However, specific to this third position, Councilmember Willmus
suggested that be considered as a stand-alone issue.
the request of Councilmember McGehee, Mayor Roe clarified that HRC Commissioner
Brisbois's term expired, and resignations had been received from HRC
Commissioners Courneya and Grefenberg.
the appointments of one three year term and one remaining term to expire March
31, 2015, Mayor Roe sought Council consensus.
Etten suggested completion of this discussion before considering any
appointments, as originally suggested by Mayor Roe, since it affected other
to replacing commissioners, Councilmember Laliberte clarified, and Mayor Roe
confirmed, that the person filling the one year vacancy for former HRC
Commissioner Courneya should be eligible for two additional three-year terms,
for a total of seven years at their discretion. Under this scenario, Councilmember
Laliberte observed that the person appointed could serve longer than other
the current policy on Commission appointments, Mayor Roe noted that if a
candidate was appointed to fill a partial firm to fill a vacancy, they were
eligible for appointment of an additional two full terms, all under action by
the City Council. Mayor Roe questioned if that differed from appointments for
partial terms to stagger terms on commissions; or only for this time and not in
future appointments; or if issues should be considered as they arise.
Willmus opined that those applying to vacancies on a new commission, with some
terms for 1 or 2 years in duration, should have the potential for serving
longer; but at the end of the first term, there should be a check-in at the
City Council level, especially when someone may be serving on concurrent
commissions. Councilmember Willmus opined that this should be a check given by
the Council whether on that first year or at the end of three years.
a policy standpoint, Mayor Roe sought consensus that a person may be eligible
for service for up to seven or eight years as they begin a term on a new
commission. No objections were stated.
Laliberte advised that her only objection would be that it may be a long time
before another interested party may have the potential for appointment.
Mayor Roe opined that this was usually taken care of through turnover on commissions
for one reason or another (e.g. moving, losing interest, or busy lifestyles)
and tended to be a problem that eventually solved itself.
Roe clarified that the consensus was that, if a candidate was appointed to
serve a one or two year partial initial term, the policy was that they could
subsequently serve up to two additional terms.
moved, Laliberte seconded, appointment of Bachhuber to serve a one year term
ending March 31, 2015 (Grefenberg vacancy); to appoint Slade for a three year
term ending March 31, 2017 on the Human Rights Commission; and to not accept
HRC Commissioner Courneya's resignation from the HRC until the time of her move
at the end of May, 2014 in accordance with her e-mail correspondence; therefore
allowing time to re-open the application process for new candidates.
Works, Environment and Transportation Commission
moved, Willmus seconded, appointment of Brodt-Lenz for a three year term ending
March 31, 2017; to appoint Wozniak for a two year term ending March 31, 2016;
and to appoint Seigler for a one year term ending March 31, 2016 to the to the
the remaining three year vacancy on the expanded PWETC, McGehee moved, Etten
seconded, appointment of Cihacek to the PWETC for a three year term ending
March 31, 2017.
Laliberte noted the extensive knowledge of Candidate Storkamp to the material,
and opined that he would have been a great benefit to the PWETC.
Etten concurred with Councilmember Laliberte's comments, especially with his
broader perspective and expertise in materials (e.g. pipes).
moved, Willmus seconded, with subsequent friendly amendment by Laliberte,
and accepted by the makers of the motion, the appointment for one year
of Becker for a term ending March 31, 2015 (concurrent with the HRC); appointment
of Grefenberg to a one year term ; appointment respectively of Mueller and
Miller to two year terms ending March 31, 2016; and appointment of Gardella,
Manke and Ramundt respectively to three year terms ending March 31, 2017 on the
CEC Commission; amended to appoint Gardella to a two year term and appoint
Mueller to a three year term.
Laliberte opined that Gardella offered huge expertise in this area and would
like to see the motion amended to increase her term to two years.
she differs in her policy beliefs, Councilmember McGehee advised that she would
abstain from the motion; as she preferred a broader motion; and her listing of
people was made for the purpose of seeking names from a broader community base
of residents that had not come forward on a regular basis, yet fully engaged in
Laliberte noted that she did not originally list Mueller, but concurred that
all were great choices, and she had also included Klick and Simon in her tally
of choices based on their interest in the business community. Councilmember
Laliberte, being unsure how far the Housing & Redevelopment Authority (HRA)
had yet to reach out to the business community and how to delegate that
responsibility to the CEC, expressed her interest in the CEC keeping that group
in the forefront, especially in light of those two candidates with that business
interest not being appointed.
Etten expressed appreciation for that perspective, opining that Mueller would
push the envelope well for the CEC with a track record of getting people
organized and engaged; and with one year terms, and some perhaps renewed for
whatever reason at that time, he encouraged Klick to reapply at that time.
Roe recognized Councilmember McGehee's perspective in attempting to get new
people involved, but also noted an advantage and benefit of the task force was
getting Gardella involved. Mayor Roe opined that he would hate to eliminate
participation in that situation and by having shorter terms for some heavily involved
in the task force, it was up to the City Council to make that determination at
the end of those terms.
moved, Willmus seconded, respective appointment of Bachhuber and Zeller to
two year terms expiring March 31, 2016 and appoint Konidena and Schroeder to 1
year terms ending March 31, 2015; with subsequent friendly amendment by
Laliberte, and accepted by the makers of the motion, to appoint Schroeder to a
two year term ending March 31, 2016; and to appoint Zeller to a one year term
ending March 31, 2015 for longer term gender representation on the
moved to appoint Cartier, Hodder and Cunningham to three year terms ending
March 31, 2017 on the Finance Commission. The motion was ruled failed for lack
of a second.
moved, Willmus seconded, appointment of Cartier, Hodder and Strawser to three
year terms ending March 31, 2017 to the Finance Commission.
Laliberte spoke in support of Rohloff for a three-year appointment, specific to
his bringing a younger perspective Laliberte and with the goal of inviting
young people to become involved in the community.
moved, Laliberte seconded amendment to the motion to substitute Rohloff for
Hodder for a three year term on the Finance Commission.
Etten noted that he had also listed Rohloff on his choices and concurred with
the reasons outlined by Councilmember Laliberte; however, he opined that Hodder
was not the right person to remove, based on the great experience with
government budgets and providing information to the public. Councilmember
Etten asked that Hodder not be the one to switch out and suggested Strawser
since there was not as much experience with government budgets.
Councilmember Willmus concurred with Councilmember Etten.
Roe offered to accept that substitution as the maker of the motion.
that case, Councilmember Laliberte asked that the switch be made to remove
Cartier and retain Strawser based on risk management experience.
Roe concurred with swapping Rohloff for Hodder.
Laliberte and Roe.
Willmus; Etten; McGehee.
moved amendment for appointment of Rohloff and removal of Cartier from the
Finance Commission for a three year term ending March 31, 2017. The motion
failed for lack of a second.
moved, Laliberte seconded, a substitute to the original McGehee/Willmus motion and
to appoint Rohloff to the Finance Commission for a three year term ending March
moved, Etten seconded, to appoint Hodder to the Finance Commission for a three
year term ending March 31, 2017.
Willmus; Etten; McGehee; and Roe.
moved, Etten seconded, to appoint Cartier to the Finance Commission for a three
year term ending March 31, 2017.
McGehee expressed her favorable impression with Cartier's knowledge of budgets.
Willmus spoke in support of the motion, noting how pleased with all the
applicants and the position it placed the City Council in with making these
Etten concurred with the comments of Councilmembers McGehee and Etten, opining
that he liked Cartier's experience with local government budgets and banking
Laliberte spoke in support of the motion, but expressed her interest in the
qualifications of Strawser and hoped he'd find a way to engage in the future.
the record, Mayor Roe noted that, due to the substitute motion by Willmus, the
original motion by McGehee had become moot.
Roe congratulated all appointees; and advised that joint meetings of the City
Council and the two new Commissions: Community Engagement and Finance, would be
scheduled in the near future.
Business Items - Presentations/Discussions
Discuss Winter Weather Impacts on Utility Service Laterals
Director Duane Schwartz provided a brief update to-date on winter weather
impacts on utility service laterals, as detailed in the RCA dated March 24,
since printing of the RCA indicate a total of 127 properties with frozen water
services, and up to 48 that may remain without water service based on whether
or not they have provided feedback to staff on their status. Mr. Schwartz
noted that 27 of those freeze-ups had been thawed by staff using the hot water
method, and 40 known to be thawed by private contractors, primarily through the
electric method, with at least 10 of those unsuccessful, and 5 known to be
hooked up to neighbors outside hose bib.
advised that some of the "snowbirds" experiencing ongoing freeze-ups planned to
stay south longer until lines thawed naturally. Mr. Schwartz estimated that
staff had expended over $50,000 in staff time and equipment to-date, with costs
per line ranging from $300 to well over $1,000. Mr. Schwartz reported that
there had been a significant reduction in reported freeze-ups over the past
week, even though spring weather moderation had been slow to come, the last reported
freeze-up was taken by staff last Friday.
requested feedback and identified several discussion points for Council
estimated the average cost per household at $20 per month for running a
continuous stream of water, upon notification of the City to receive any credit
on their utility bills. For those using neighbor to neighbor water connections
during this time, Mr. Schwartz advised that credits would be based on the
historical averages for those homes; and that homes having experienced
freeze-ups this winter would be placed on a supplemental "extreme weather
conditions freeze-up list" and staff would recommend installation of devices to
monitor water temperatures and avoid future freeze-ups.
advised that staff recommended retaining the historical freeze-up account list,
while also preparing a list of those extreme weather freeze-ups, and monitor
weather conditions and only ask those services be notified once significant
extreme weather conditions are experienced. Mr. Schwartz suggested that, at
this point, everyone step back and consider that this particular winter season
is not the new norm based on historical averages, and advised that staff did not
expect to return to this number of freeze-ups on a regular basis, even though
trends would support or not support that theory.
summarized staff's recommendation for Council consideration: that a $20 credit
per household be available for those households notifying the City of their
status in running water; whether a similar credit would be applied for neighbor
to neighbor connections; and whether to support to support financial assistance
for installation of water devices.
At the request
of Councilmember Laliberte, Mr. Schwartz advised that the neighbor to neighbor
connection would receive a combined credit, depending on whether they had
notified the City, with the receiving home obviously having to run a continuous
stream of water; with both homes potentially receiving a credit; and the
receiving house and providing house credited for the amount of water the
neighbor was using as well.
Willmus spoke in support of the $20 per month credit and for the neighbor to
neighbor hook-ups as well. At the request of Councilmember Willmus, Mr.
Schwartz confirmed that staff was working with neighbors to broker these
options as applicable.
Etten spoke in support of the credits, opining that it was only common sense to
care for residents.
McGehee spoke in support of the first two requests by staff; and sought
additional information on the third request of staff.
clarified that the City typically and historically had under 100 properties on
its annual freeze-up list, many that had been listed for a number of years and
often based on past road projects that may have altered roadway grade elevations
or experienced some other change that affected occasional freezing in colder
winters. Given the extent of new freeze-ups this winter, Mr. Schwartz advised
that staff was recommending a supplemental list for extreme winters, separate
from the historical freeze-up list; and only notify that group to start running
water when the frost is typically in the 5' range or lower, with those on the
historical list notified when frosts are at the 3' range.
agreement with all three of staff's recommendations as presented.
of Known Freeze Account Issues
reviewed mitigation efforts by staff from the historical freeze-up list to
insulate pipes when roadways were resurfaced as part of a PMP project, at which
time the homes were removed from the list.
With the new
list, Mr. Schwartz recommended continued monitoring for future extreme winter
weather conditions for potential notification; and to pursue system design
considerations for replacement of water mains, especially on wider
rights-of-way as snow cover is lessened and for those experiencing freeze-ups.
Mr. Schwartz noted other issues with expense for service laterals under County
roads; and including such projects in the CIP, along with other tools (e.g.
double main right-of-way if Ramsey County was not anticipation reconstruction
in the near future) and other ways to find cost-effective solutions versus
digging up the water service connections, with a smaller supplemental water
main beyond the fire service line on the other side and installed through soil
borings. Mr. Schwartz advised that mitigation efforts could be explored as
opportunities arose in the future.
At the request
of Mayor Roe, Mr. Schwartz confirmed that some design consideration needed to
be given for materials to be used and methods for installation.
Councilmembers spoke in support of staff's recommendation subject to individual
sought further discussion and reconsideration as a carryover to initial
discussions from the February 24, 2014 City Council discussion regarding financial
assistance. As noted previously, Mr. Schwartz reported that costs varied
widely on a case by case basis and based on the amount of staff time and equipment
and how difficult the lines were to reach.
At the request
of Mayor Roe, Mr. Schwartz estimated the cost for digging up a line to thaw it
could range from $2,000 to $3,000.
At the request
of Councilmember Willmus, Mr. Schwartz reported that in surveying other
communities related to this issue, they were all over the board, and since
staff's last report to the City Council, he had spoken with other communities;
and they ranged from no financial participation by the city to partial
reimbursement by the city, to the City taking full responsibility by hiring
private contractors or renting equipment (e.g. welders).
reported that the City of Shoreview had established a reimbursement for private
welders, but were not performing the work, and only reimbursing a nominal cost.
McGehee provided anecdotal information she'd received from a former City of St.
Paul resident regarding them regularly and frequently thawing water lines; and
now as a resident of the City of Roseville was frustrated when calling and
being provided only one private contractor who found the line frozen in the
right-of-way, and after several hours of work and a $1,300 charge, they still
couldn't open the line, and the resident still had no water service. Councilmember
McGehee related that she was aware of a number of people who had attempted a
fix, but to no avail, and remaining without water. Councilmember McGehee
referenced a document as part of another discussion indicating that when the system
was installed, ownership of laterals was defined differently than the current
interpretation and situation with the City not taking any responsibility for
agreed that this was part of a later discussion and refocused discussion on
this area of potential financial participation.
Willmus expressed his interest in seeing specific and hard data from
neighboring communities before making any decision on this.
reported that the City of White Bear Lake was proving a $250 reimbursement.
Mayor Roe suggested
on option beyond cities providing names of contractors and were more active in
thawing methods, perhaps residents could be required to sign a waiver of
liability similar or parallel to that used with sanitary sewer back-ups and
clean-ups performed by City staff in some situations, in exchange for assistance
by City staff beyond the current method.
Willmus expressed concern in the potential chain of liability if the homeowner
didn't give up that right, and with involvement of a third party, he was
concerned the City may end up in the middle.
McGehee spoke in support of the City taking care of these problems as their
Council consensus, Mayor Roe directed staff to provide additional comparison
information for the April 7, 2014 meeting to continue this discussion.
Water Main Materials
Over the years,
Mr. Schwartz noted the changed in materials available and improved
technologies. Mr. Schwartz noted that the City's original system was constructed
using cast iron mains and copper service lines, but in the mid-1970s had
changed to ductile iron, and then to PVC and HDPE plastic piping as it became
available in the 1990s and 2000s, at a lower cost and obtaining better
pressure with plastics, with these non-corrosive materials in some soils, and
improved construction methods and reduced costs based on the lighter weight
materials and easier handling. However, Mr. Schwartz advised that this also
made freeze-ups more prevalent than in the past, and fewer private contractors
(e.g. welders) were willing to perform the work based on their potential
liability and upon advice of their insurance companies, reducing the service
available from the past norm.
advised that water main materials could be installed in a variety of ways,
including directional boring, pipe bursting, open cut, lining; bury depth-used with plastic piping; open cut found in more recent projects, with other
methods substantially cheaper unless total reconstruction of street.
advised that staff recommends continuing to find other ways to mitigate these
issues, with additional surveys as indicated and investigation of water main
depth based on old and new freeze-ups; and look at those specific areas when
rehabbing or replacing water mains, using the most appropriate method available
and indicated, and as previously discussed, but continuing to use the full
slate of approved products under given criteria. Mr. Schwartz noted that the
standard bury depth was at 7.5' and suggested consideration be given in the
future to increasing that depth to 8' - 9' in future installations, with
nominal increased costs if directional boring methods were available.
summarized staff's recommendation to stay with using plastic materials, but
look at a different depth is so indicated. Mr. Schwartz concurred, noting that
ductile iron was not that different in cost for a full reconstruction project,
and asked that the full slate of available materials be considered as
appropriate and for obvious reasons.
At the request
of Councilmember McGehee, Mr. Schwartz clarified that copper, is typically used
for laterals versus plastics, give its long life; and staff did not see the
need to use plastics, with reconnections as currently done if directional
boring was used, but providing an additional installation if the service seemed
to be rising as it approached the property from the roadway. As an example,
Mr. Schwartz reviewed the 2006 project northeast of City Hall, with old mains
located in the back yard, and additional boring done in the boulevard with a
new service line installed to the back of those homes and reconnected with
existing services. Mr. Schwartz advised that this was one occasion that was
found beneficial, and he anticipated continuing to use copper unless other
beneficial properties similar to that example were found.
At the request
of Councilmember McGehee, Mr. Schwartz advised that homeowners may have an
option for copper or plastic, but the City's standard had always been copper up
until now for lateral lines.
concurred, noting that City ordinance stated the City needed to approve those
installations, and they would have given that approval only if using copper.
opined that bury depth is the critical thing, and it made sense to use copper;
with Mr. Schwartz speaking in support of achieving additional depths where
possible to eliminate potential freeze situations.
Councilmembers supported using the best approach and materials on a case by
case basis for each specific area.
this area was initiated; however, given the time constraints and additional
agenda items not yet addressed this evening, Councilmember Etten suggested this
discussion be deferred to a later date.
Willmus seconded, TABLING this portion of the discussion to a date uncertain.
thanked Mr. Schwartz for his flexibility in delaying this discussion.
Discuss Updating City Code Chapter 311, Business Regulation, Pawn
Brokers and Precious Metal Dealers
handouts from the public related to this item were provided, consisting of a
letter dated March 24, 2014 from The Truman Companies, Rare Coins &
Precious Metals Dealer, Roger Westerling, Owner; and a letter dated March 22,
2014 from Music Go Round, 1722 Lexington Avenue N by Francis & Terri Tilotta,
and Ben Bantam, owners.
additional handouts from staff, and provided as supplements to the RCA were
also provided, consisting of a list of Roseville businesses invited to a March
5, 2014 information meeting on this issue; a list of questions raised at the
APS meeting on that date; and comparison research of Pawn, Second Hand, and Precious
Metals Ordinances metro-wide and their respective annual license fees and transaction
fees with a map of those locations.
Rick Mathwig, and Investigations Lt. Erika Schneider
In an effort to
pursue the Department's goal, Chief Mathwig advised that the department
participates in "Problem Oriented Policing," an approach based on responses to
community problems that are more equitable and effective for the community than
those currently in use. Within the realm of that goal, Chief Mathwig reviewed
the Automated Property System (APS) database in use since 1997, originally
geared toward the pawn industry and now being expanded to second hand goods and
precious metals dealers. As detailed in the RCA dated March 24, 2014, Chief
Mathwig reviewed the 2011 City Code Chapter 311 and proposed expansion of that
code, as drafted in Attachment A to the RCA.
referenced discussions with the City Attorney with the City of Bloomington,
MN's ordinance used as a model; and some of those excluded items from the
proposed revised ordinance. Chief Mathwig noted that the City of Roseville
experiences more arrests and issues from those from outside those residing in
the City; and without additional provisions in place, it was difficult to
address a majority of sales, tracking and recoveries of stolen goods.
As detailed in
the RCA, Chief Mathwig advised that the intent of the additional fees would be
to cover the costs for an additional officer dedicated to these efforts. Chief
Mathwig sought initial feedback from the City Council in their consideration of
Willmus requested sample ordinances from surrounding communities who have
implemented the APS in order to compare the proposed ordinance from staff with
those cities already using this tool.
At the request
of Mayor Roe, Chief Mathwig advised that he anticipated the fees to fully cover
the wages and benefits for an office; with Mayor Roe requesting subsequent
information regarding aggregate and minor transaction fee comparisons to the
chart, as well as comparison information on the number of days allowed for holding
items, and also transactions.
ensued regarding annual license fees, proposed to be reduced, and transaction
fees still being reviewed, but anticipated per transaction, excluding those
under $10.00 but still recorded.
At the request
of Councilmember Laliberte, Chief Mathwig advised that the initial
implementation and number of transactions and their fees in comparison to the
cost of an officer, would be a "learn as we go" process until more established
data was available. At the request of Councilmember Laliberte, Chief Mathwig advised
that the impetus to pursue this was part of the department's goals and ongoing
special training for officers in crime scene investigation; and the obvious
need found for more documentation than was currently available to fulfill the
problem solving policing through partnering with societal efforts, not just
those efforts of the Police Department itself. At the request of Councilmember
Laliberte, Chief Mathwig advised that this proposed officer was separate from
the previously-discussed commercial patrol officer, and identified as a new
questioned if a $10,000 surety bond was adequate; and requested additional
information from other communities on that amount as well; opining that the
transaction fee triggering the surety bond was too low and created a lot of
extra work when the minimal fee was waived and could not compensate the
business owner and be too onerous to process the paperwork and enter the data
into the computer network.
At the request
of Councilmember Etten, Lt. Schneider spoke to how the proposed APS system
would be more effective than the current business by business tracking process;
and provided example cases.
Councilmember Etten observing that individual dealers making available stolen
property lists to other dealers, Chief Mathwig advised that the current system
was difficult to pursue, especially with burglaries; referencing the 2013
stolen or lost material list versus the 10% actually recovered and returned to
victims, as displayed on graphs. Chief Mathwig advised that the goal was to
get that recovery percentage higher; and that the APS was helpful in tracking
people, including family members, cleaning people and others victims knew and
getting that information into the system by name so notification was processed
as soon as that name hit the system. Chief Mathwig advised that the preferred
method was to track those people and potential stolen material versus the
inefficiencies in the department getting that information out to the public.
noted the concerns expressed by Music Go Round and lack of high probability for
stolen music instruments; and questioned how those types of businesses may or
may not be part of this proposed code revision.
reviewed past cases of stolen property and recover, including theft reports,
and based their recommendation on that experience, opining that it was
beneficial to track those types of transactions and businesses as well.
concurred, but noted that the most frequently stolen material was what could be
put in a pocket, with larger items not as frequent.
referenced a Minneapolis Star Tribune article dated November 15, 2013
addressing Richfield Police arresting a pair involved in musical instrument
thefts, noting that one of the stores in Roseville unknowingly and innocently
purchased an instrument as information was not available that it was stolen; in
addition to a related check fraud issue, causing the victim to be out $600 from
that one transaction. Chief Mathwig noted that police officers were also
fooled, and he didn't expect businesses to have a higher threshold than them,
but his goal was for everyone to see stolen property for what it was.
At the request
of Mayor Roe, Chief Mathwig reviewed potential funding for an officer dedicated
to this APS, and potential funding gaps; recommending that a part-time
Community Services Officer (CSO) be assigned to investigate and process the APS
items, and after proceeding cautiously, a fee schedule could be included in the
annual review and reduced or increased accordingly as with other citywide
fees, If too much money was recouped, Chief Mathwig noted that then the
transaction fees could be reduced accordingly. Chief Mathwig clarified that
the intent of this program was not to make money, but to have a level fee to support
the cost of a dedicated officer.
approximately 9:58 p.m., McGehee moved, Willmus seconded, extending the meeting
curfew to hear public comment related to this issue from audience members.
Tim Roche, Twin Cities North
Chamber of Commerce, 525 Main Street, New Brighton, MN
Mr. Roche advised
that he was speaking as a representative of a portion of the Roseville business
community; noting that they understood the need to track goods across the
board, and recognized that the APS provided a good central database. However,
Mr. Roche asked that the City Council consider three opportunities to address
the concerns of those businesses:
clear and precise implementation procedure addressed as a marketing piece
versus the actual ordinance that many found difficult to understand;
specific goods survey provided to each business defining transactions and
exemptions, and other businesses included in ordinance requirements; and
of alternatives for the licensing fee through a partnership of the Police
Department and businesses to avoid the need for an additional officer when this
system should make the job easier and more efficient versus more cumbersome.
Mr. Roche noted
that 99.9% of businesses didn't want to buy stolen goods and would prefer a
partnership versus putting additional burdens on those businesses. Mr. Roche offered
his personal help as well as that of the Chamber of Commerce in achieving that
Post, Source Comics and Games, 2057 Snelling Avenue W
complimented Mayor Roe and the City Council for the civil process they followed
in conducting their meetings, especially in today's world of politics.
Mr. Post opined
that he was not at all enamored with this proposed process, and reviewed the
typical transactions for his business, and the age of some of those items not
conducive to computerized tracking purposes. Mr. Post advised that they
already typically make copies of driver's licenses and provide a bill of sale
for all transactions.
cautioned that many businesses were not noticed or aware of this proposed
ordinance revisions, and opined that since this was a radioactive issue with
many unintended consequences, and currently open to interpretation as to who
and what was exempted or not, notices should be sent to every licensed business
in Roseville before the process moved any further.
Mr. Post stated
that he was resentful that someone in a civil service position would be
deciding this, and wondered who would pay for his additional staff member to
enter this data. Mr. Post opined that it would send a shock wave around the
business community, and that not all small businesses would survive this
additional requirement and expense. Mr. Post noted that there were all kinds
of businesses buying used materials, including the Roseville Library who
recently purchased four used book carts from a traveling sales person; and
questioned if they would also fall into this area. Mr. Post opined that his
best advice was that everyone was better when working together, and while
recognizing the legitimate concerns of Police Chief Mathwig, and supported the
goal to increase the current 10% return of recovered goods, he suggested it
could be accomplished without "killing the patient." Mr. Post suggested the
need for more ideas from the business owner's perspective to find creative
solutions, and if the objective is to reduce crime from the pawn situation,
everyone could work together to achieve that goal.
invited anyone from the City Council and/or Police Department to visit their
store and review their process; opining that while it wasn't perfect it was not
cavalier either; and having been in the business as long as they had been, he
was fully aware that it wasn't good business to buy stolen things; and
hopefully their process, based on interaction with their customers, was
Westerling, Owner of The Truman Company, Rare Coins & Previous Metals, 2585
Hamline Avenue N
previously noted, Mr. Westerling had provided written comments.
advised that their surety bond was a minimum of $25,000 as a coin or precious
metals dealer. Also, Mr. Westerling addressed the difficulties in his business
for holding time, based on market risk and huge cash flow problems. Mr.
Westerling noted that the City of Bloomington waived the holding period if a
$50,000 surety bond was in place, and the holding period was for a maximum of
24 hours. Since the City was using the Bloomington ordinance as its model, Mr.
Westerling requested that it be reviewed in more detail, including fees, and exemptions
from holding periods.
Johnson, Customer of many Roseville businesses that may be impacted, 7580
Knollwood Drive, Mounds View MN
As a long-term
customer of many of these Roseville businesses, and a purchaser of rare stamps
and coins, Mr. Johnson questioned if this law would be the best thing for
business efficiency. Mr. Johnson referenced an October 3, 2013 Star Tribune
article about a pawn shop in the City of Fridley, and quotes from their Chief
of Police on the number of transactions from the two pawn stores, value of
recovered items, and transaction fees. Based on the information in that
article, Mr. Johnson opined that the APS fees were excessive compared to actual
recover of stolen goods, with businesses not receiving much benefit from their
significant investment in the system. Mr. Johnson opined that the City of
Roseville needed to bifurcate between second hand good stores, coin dealers,
and pawn stores before proceeding.
695 Rosedale, Buchkosky Jewelers, Rosedale Center
As a licensed
precious metals dealer licensee for 4-5 years, Mr. Buchkosky reviewed the
percentage of that business within is long-term customer base and history with
those using that service, representing approximately 95% of that businesses
based on their trust in his jewelry business. Mr. Buchkosky opined that honest
people would be hurt by this law, since they would not be able to as readily
turn to him for that service, due to the connotations of licensee fees, photos,
etc. Mr. Buchkosky also opined that the minimum value for exemption needed to
be higher; as he could not perform his other business responsibilities and
serve his customer base if he had to spend additional time tracking minimal
purchases and entering the information in the computer, which would prove very
cost-inefficient. Another factor affecting his business was fluctuations in
gold prices affecting volume periodically. While he currently had customers
coming him to sell family items based on their long-term relationship, Mr.
Buchkosky advised that those customers may not wish to do so but could be
forced to pawn items rather than sell to him if he needed to base his prices on
additional costs of business created from implementation of this law.
Ben Bantam, Owner
of Music Go Round Roseville, 5429 Pillsbury Avenue, Minneapolis, MN
noted, Mr. Bantam had provided written comment.
reviewed their business model related to musical instruments and related items
not among the ten most stolen items in a list of 40 different categories,
insurance industry statistics, and based on their own experience. Given the
minimal percentage of stolen goods for their type of business, Mr. Bantam
opined that the proposed ordinance would prove excessive for the end results; and
while the APS had been used for twenty years, there was no data shown for
recovery results, other than the City of Minneapolis stating that people should
"trust us" while not providing supporting data; in addition to little data to
support the proposal offered by the Roseville Police Department.
advised that they videotaped all transactions, and obtained a copy of their
driver's license as well as having the customer sign a form stating that they
were the owners of the items. Obviously, Mr. Bantam opined that they found
this process successful from their perspective; and further opined that a much
more effective system would be to have real-time information available to
apprehend criminals on the spot.
advised that this proposal had significant consequences for his business,
especially at the fees proposed, and with an average of 90 transactions per
month, the fee would prove problematic for their store. Mr. Bantam advised
that their average transaction ten minutes each, including the paperwork, even
though they tracked these items now without being required to do so. Mr.
Bantam advised that their store did not have a dedicated area available for
storage to hold items, and they would need to displace their lesson program to
store items, including purchasing additional software and a separate computer
system, as their current system was networked and would not accept the
Johnston, Local Baseball Card Shop Owner (with business partner Dan McKinnon), 2825
Hamline Avenue N
concurred with comments already made; opining that such an ordinance based on
the Bloomington model should provide a $100 minimum purchase price for second
hand items rather than a $10 minimum, since only about 25% of their transactions
were over $100 and anything below that would require them to virtually record
every transaction. Mr. Johnston advised that most of their purchases are new,
and questioned if the City was even aware of their small business before
considering this ordinance, as theirs was a tight knit niche-type business and
not a big franchise store. Mr. Johnston reviewed the nature of their
inventory, most coming from an attic, or off the street from members of the
community that they'd known for years even before opening their business six
years ago, but familiar faces to them.
advised that they didn't feel they needed to be part of the proposed ordinance.
Mr. Johnston stated that often, a customer will make a purchase off the shelf
in their store, and if not what they need, will turn around and resell it or
trade it back to them; and with ownership changing possession that quickly, how
would they track an item that quickly from a sealed box presented back as a second
hand good; opining that such transactions further supported the need to have
such purchases exempted.
Play It Again Sports
Having been in
operation for several decades, and forced to close his Coon Rapids operation of
15 years as a direct result of that city's adoption of an APS and relocating to
Roseville, Mr. Banf spoke in opposition to including second hand goods in the
Half Price Books, 2481 Fairview Avenue
provided written comments as a bench handout at tonight's meeting.
noted the operation of this store featuring family-owned books in Roseville
since 2007, with many small items exchanging hand there. Ms. Elkins advised
that neither the referenced letter sent out by Chief Mathwig to businesses in
February of 2014, nor a notice of the meeting in March of 2014, had been received
ordinance is adopted, Ms. Elkins advised that the costs and repercussions would
be astronomical for any number of reasons (e.g. investigation fee for license
holders, license application submission, annual fee in addition to the $10,000
bond, transaction fee, leased space, digital camera purchase, high speed
internet connection, computer equipment, and additional labor). Ms. Elkins reviewed
various sections of the proposed ordinance to support her concerns and as it
related specifically to used books, video games, and other items they carried.
Ms. Elkins stated that she found the proposal offensive, since they already
recorded driver's license numbers, to which the Police Department should have
access to acquire needed information.
Ms. Elkins also
expressed concern in the perception of attempting to over-regulate business
through restriction of store hours, license restrictions if property taxes went
unpaid and impacts for business owners leasing their store space, cash transactions
or store credits to exchange for merchandise, and holding times.
ordinance is adopted, Ms. Elkins suggested at a minimum a sunset provision for
the police department to review in six months to determine if the APS claim for
recovery of stolen property has worked.
Tilotta, Owner Music Go Round Roseville
referenced a newspaper article from the March 5, 2014 business meeting
providing crime and delinquency statistics, and the conclusion of that
article. Mr. Tilotta opined that underlying research and statistics and
tracked transactions had proven minimal.
Specific to his
business, Mr. Tilotta opined that he would look to be exempt, as the proposed
fee for his type of business didn't warrant the recovery rate, since there was
no existing initial problem with stolen musical instruments.
Schwinden, Mr. Zeros in Roseville, 1744 Lexington Avenue
advised that he was the one who notified Half Price Books and others when his
business received information and they did not, including other of his peers
who were not contacted. Mr. Schwinden questioned why some businesses had been
excluded and not others. Mr. Schwinden advised that they had opened in
Roseville specifically due to there being no used goods law in place, because
in looking at other communities, they would not be able to operate and afford
the fees, making it not feasible in the long-run. Having opened five years
ago, Mr. Schwinden reviewed their typical business, including records, CD's,
VHS tapes, posters and memorabilia, most without a skew or serial number available
to record; and the majority of those transactions very minor in nature.
agreed with the comments already expressed that this would grossly affect their
business, and be tortuous interference; with their business ultimately not
succeeding if adopted.
With no one
else coming forward to speak, Mayor Roe thanked the audience for their public
comment; and noted that this item is not being considered for action at this
time, with staff asked to return with additional information as previously
addressed and after the City Council has had time to consider the issue and
verbal and written comments received from the public. Mayor Roe advised that
staff would attempt to keep people informed of when this item may be back
before the City Council for consideration and further discussion.
City Manager Future Agenda Review
City Manager Trudgeon
reviewed upcoming agenda items.
Councilmember-Initiated Items for Future Meetings
Laliberte requested that the Public Works and Police Departments monitor
southbound traffic on Hamline Avenue, and turning movements, directly in front
of the Ramsey County Library - Roseville branch to reduce safety issues due to
improper turns; or to work with Ramsey County on "No Turning" signs as
Mayor Roe noted
that the interrupted discussion on ownership responsibilities for lateral water
lines was anticipated to be continued at the April 7, 2014 meeting.
Etten seconded adjournment of the meeting at approximately 10:37 p.m.
Laliberte; Etten; McGehee; and Roe.