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City Council Meeting Minutes
September 21, 2009
1. Call Roll
Mayor Klausing called to order the Roseville City Council regular meeting at approximately 6:00 pm and welcomed everyone.
(Voting and Seating Order for September: Roe; Pust; Ihlan; Johnson; and Klausing)
Mayor Klausing noted that Councilmember Roe had previously advised that he would be unavailable for tonight’s meeting.
City Attorney Jay Squires was also present.
Roseville Housing and Redevelopment (HRA) Board Interviews
From approximately 6:05 pm to 7:20 pm, Councilmembers Pust, Johnson and Mayor Klausing held brief interviews with applicants to the Roseville HRA: Thomas Anderson; Brad Krump; Julie Ovebye Ledy; Vicki Lee; Kelly Quam; Kerrik Wessel; Timothy White; and Phillip Stokes.
Councilmember Ihlan, having another commitment, left the meeting at 6:45 pm.
Mayor Klausing recessed the meeting at approximately 7:30 pm and reconvened at approximately 7:35 pm.
2. Approve Agenda
By consensus, the agenda was approved as presented. (Note item 7.g was later removed from the Consent agenda)
3. Public Comment
Mayor Klausing called for public comment by members of the audience on any non-agenda items. No one spoke.
4. Council Communications, Reports, Announcements and Housing and Redevelopment Authority (HRA) Report
5. Recognitions, Donations, Communications
6. Approve Minutes
a. Approve Minutes of September 14, 2009 Regular Meeting
Johnson moved, Pust seconded, approval of the minutes of the September 14, 2009 Regular Meeting as presented.
Ayes: Pust; Johnson; and Klausing.
7. Approve Consent Agenda
There were no additional changes to the Consent Agenda than those previously noted. At the request of Mayor Klausing, City Manager Bill Malinen briefly reviewed those items being considered under the Consent Agenda.
a. Approve Payments
Klausing moved, Pust seconded, approval of the following claims and payments as presented.
56327 – 56412
b. Approve Business Licenses
Klausing moved, Pust seconded, approval of business license applications for the period of one year, for the following applicants:
Type of License
MGM Wine & Spirits, Inc.
1149 Larpenteur Avenue W
c. Approve General Purchases or Sale of Surplus Items Exceeding $5,000
Klausing moved, Pust seconded, approval of general purchases and/or contracts as follows:
Construct fiber network
NOTE: Joint Project with Roseville Schools - Hamline Avenue segment (initially approved by the City Council in May of 2009
d. Set a Public Hearing on October 12, 2009 for Off-Sale Intoxicating Liquor License for MGM Wine & Spirits, Inc.
Councilmember Johnson clarified with City Manager Malinen the proposed location of the MGM Wine & Spirits at Larpenteur and Lexington Avenues; and City Manager Malinen confirmed that this would be the last available liquor license in the City under current policy.
Klausing moved, Pust seconded, establishing a Public Hearing for Off-Sale Intoxicating Liquor License for MGM Wine & Spirits, Inc., d/b/a MGM Wine & Spirits, to be held on October 12, 2009.
e. Adopt Restated Cafeteria Plan Documents
Klausing moved, Pust seconded, adoption of the restated Cafeteria Plan document language to accurately reflect current pre-tax benefits available to City of Roseville staff, as presented in Attachment A entitled, “Summary Plan Description” and Attachment B entitled, “Master Plan Document,” both amended and restated effective January 1, 2009, and made a part of the Request for Council Action dated September 21, 2009.
f. Receive Quarterly Shared Services Report
Klausing moved, Pust seconded, receipt of the September 2009 Quarterly Shared Services Update as prepared by staff.
h. Adopt a Resolution Supporting Aeon’s Application to Minnesota Housing for the Sienna Green Phase II Project
Klausing moved, Pust seconded, adoption of Resolution No. 10751 entitled, “Resolution Supporting Aeon’s Application for Minnesota Housing Finance Agency Funding for the Development of Sienna Green Phase II.”
8. Consider Items Removed from Consent
a. Adopt a Resolution Authorizing Easement Vacation and Approving the Planned Unit Development (PUD) Amendment, and Preliminary and Final Plat for Owasso Ridge Association, Inc. to Modify the Structure Setback Requirements for the Residences at 2765 – 2780 Cohansey Circle (PF09-007) (former Consent Item 7.g)
Councilmember Pust questioned why this land use item was originally listed on the Consent Agenda, and asked for a review of the approval process for such requests.
City Manager Malinen advised that land use requests, when receiving unanimous approval at the Planning Commission level and unless requiring additional formal public hearing, were historically considered under Consent.
Mayor Klausing asked if there were audience members present specific to this request, with four Owasso Homeowner Association members present, all in support of the requested action.
Councilmember Pust questioned the background and why nonconformities existed and were not addressed in the PUD; and sought assurances from the Homeowners Association that their procedures had been revised to ensure conformity in the future. Councilmember Pust questioned if it was necessary for the City to review its process to ensure compliance of developers and homeowners.
John Schiller, President of Owasso Ridge Homeowners Association
Mr. Schiller advised that the PUD amendments had now been revised to be consistent with covenants of the association to make a more transparent system for any future improvements. Mr. Schiller advised that homes had been built by the original developer with decks and patios, each that had been noncompliant with the covenants or the PUD.
City Planner Thomas Paschke advised that this was a unique situation within the original PUD that were silent, creating the nonconformities and remaining unknown to City staff until a more recent request from a homeowner for a deck, upon which staff researched and reviewed items related to the PUD and covenants; creating the need for the PUD amendment and allowing for more flexibility than afforded by the original PUD. Mr. Paschke opined that there was not need to revise the City’s approval process, and that this was a previous and unusual occurrence; however, with the PUD amendments, all items were now in compliance.
Councilmember Pust expressed appreciation to the neighborhood for coming forward to bring their properties into compliance.
Pust moved, Klausing seconded, adoption of Resolution No. 10752 entitled, “A Resolution Approving the Vacation of Certain Public Utility and Drainage Easements on Property within Owasso Ridge, 2765 – 2780 Cohansey Circle (PF09-007).”
Pust moved, Klausing seconded, approved the First Amendment to the Owasso Ridge Planned Unit Development Agreement, identified as Attachment G to the Request for Council Action dated September 21, 2009, based on information provided in Sections 4 and 5 and the conditions of Section 6.
Pust moved, Klausing seconded, approval of the Preliminary and Final Plat of Owasso Ridge Second Addition.
9. General Ordinances for Adoption
11. Public Hearings
a. Conduct Public Hearing for Project to be Assessed in 2009
Mayor Klausing announced the purpose of the hearing and format to consider special assessment rolls for City Improvement Project P-07-02 (2007 PMP, Neighborhood 10) for presentation, allocation and how they will be assessed against benefiting properties.
City Manager Malinen advised that, in accordance with Minnesota Statute, Chapter 429, required published and legal mailed notices had been provided to each applicable property owner and dates of those mailed and published notices.
City Engineer Debra Bloom summarized the project and those improvements completed; reviewed the area and properties involved; noted the final project costs, financing and portion assessable. Ms. Bloom noted that there were no costs assessed for City storm sewer improvements, and that those had been paid from the City’s Stormwater Management Fund. Ms. Bloom reviewed the City’s current Assessment Policy, as well as an assessment deferral process and criteria available through the City’s Finance Department. Ms. Bloom noted that the assessment period was for 15 years, with a prepayment option and window of opportunity available before the assessments were certified to Ramsey County on November 2, 2009 for initial assessment in 2010. Ms. Bloom advised that the total project costs, as originally estimated by the engineers for the feasibility study had been $32.30; however, due to the competitive bids received, those costs had been reduced by 29.6% at $23.75 per linear foot for the 17 affected parcels.
Mayor Klausing opened and closed the Public Hearing at 7:58 p.m. to receive public comment on the proposed 2009 Assessments for Improvement Project No. P-07-02, with no one appearing to speak. City Manager Malinen and City Engineer Deb Bloom both confirmed that staff had received no written or oral objections to the assessment notices.
12. Business Items (Action Items)
a. Adopt a Resolution Adopting and Confirming 2009 Assessments for Improvements P-07-02
Pust moved, Johnson seconded, adoption of Resolution No. 10753 entitled, “Resolution Adopting and Confirming 2009 Assessments for City Project P-07-02.”
Mayor Klausing expressed his appreciation of the completion and closure of this particular roadway project that heralded to his previous volunteer service on the City’s Planning Commission.
b. Adopt a Resolution Awarding the Bid for the Watermain Replacement Project for Churchill Oxford Streets
Public Works Director Duane Schwartz briefly summarized the watermain replacement project in City right-of-way along Lexington Avenue between Woodhill and Judith Avenues; and Churchill Street between Woodhill Avenue and County Road C-2 as detailed in Request for Council Action dated September 21, 2009.
Mr. Schwartz reviewed previous discussions and consideration of lining technology that was subsequently rejected due to exorbitant costs and lack of confidence in this new technology; the age and condition of this section of infrastructure and increased maintenance required; it’s location in backyards, creating additional liability for the City in accessing and repairing the line on private property due to topographical obstructions found on those private properties.
Mr. Schwartz noted that the area represented 6,000 lineal feet of watermain; modeling of flows and pressures; part of the old main through Ramsey County open space and connecting with the neighborhood to the northeast; and abandonment of a portion of the line when the City previously constructed a section of the Victoria watermain. Mr. Schwartz advised that, with relocation of the line from rear yards to City right-of-way, and other design elements, elimination of approximately 3,000 lineal feet of line will be realized, reducing construction and future maintenance costs.
Mr. Schwartz briefly reviewed the proposed directional borings, reducing the need for more disruptive construction and access to private properties, with 57 of the 64 property owners having provided waivers of trespass to allow access for completion of the work; minimal disruption to private property based on the directional borings; as well as minimal disruption to affected property owners during construction, estimated at no more than four 4 hours.
Mr. Schwartz noted that six bids had been received; and staff recommended award to the low bidder, GM Contracting, Inc., in the amount of $588,399.99.
Discussion included cost of the original lining project (over $417,000); actual time of disruption for homeowners less than a typical watermain break, of which the City had been experiencing two per annum; no assessment costs for the construction, with funding through the City’s Water Fund from ongoing fees; and why there were some property owners having yet to provide waivers to access their land.
City Engineer Debra Bloom advised that staff would resolve those few remaining issues in the coming week; with some being vacant and difficulty in tracking down property owners; and staff foreseeing no issues in obtaining those waivers.
City Attorney Squires expressed some concern in the process of awarding the contract without the access waivers for all properties in hand; cautioning staff, the City Council, and property owners, that this could create cost overruns and delays in the project in connecting lines and providing access to the water lines for those properties. City Attorney Squires encouraged homeowners to make every attempt to resolve these outstanding waivers without delay by recognizing the implications in the contractor not having the ability to access the property as necessary for construction purposes. City Attorney Squires noted that those not providing access waivers would not have water service; and that those homeowners would not have the privilege of delaying the project for their approval; and encouraged staff to provide this information to property owners as an added incentive to complete the paperwork at their earliest convenience.
Ms. Bloom expressed confidence that all signatures would be obtained, with staff planning a “door to door” solicitation if required; with all of Churchill completed and construction planned to be initiated on that street. Ms. Bloom advised that staff had obtained signatures from both rental and private properties currently in foreclosure and/or bank-owned.
City Attorney Squires clarified that he was not greatly concerned; however, he did want to publicly address the situation and advised that he would work closely with the Public Works Department and residents to ensure that all waivers had been processed in a timely manner to keep the project on track.
Klausing moved, Johnson seconded, adoption of Resolution No. 10754 entitled, “Resolution Awarding Bids for Watermain Replacement Project;” to GM Contracting, Inc., in an amount not to exceed $588,399.99.
c. Approve Contract with Braun Intertec to Undertake Remedial Planning for the Twin Lakes Phase II Public Infrastructure
Community Development Director Patrick Trudgeon briefly reviewed the request to undertake remedial planning for the Twin Lakes Public Infrastructure Planning, Phase II, as detailed in the Request for Council Action dated September 21, 2009.
Mr. Trudgeon noted that Braun had done the Response Action Plan (RAP) for the Phase I portion of the project; and outlined the fundraising already initiated for this phase of the project. Mr. Trudgeon noted that, not only is a RAP needed for construction planning and design, but also served as a prerequisite for various grant opportunities and applications.
Councilmember Pust noted that the contract, as included in the packet as “Attachment B” included language that had originally been rejected and subsequently revised in the first contract with Bran; and opined that this contract language should be consistent with revisions in that first contract, and subject to review by the City Attorney.
Pust moved, Klausing seconded, approval of a contract between Braun Intertec and the City of Roseville, in an amount not to exceed $6,500, to enroll the Twin Lakes Phase II infrastructure area into the Voluntary Cleanup and Investigation Program and to undertake the development of a Response Action Plan; subject to review by legal counsel and review and approval of all contract terms.
13. Business Items – Presentations/Discussions
a. Receive Additional Information on the Budgeting for Outcomes (BFO) Process and the Springsted Report
Finance Director Chris Miller advised that two calls had been placed to Springsted by staff this evening related to tonight’s meeting running ahead of schedule; however, they had yet to arrive.
Mayor Klausing recessed the meeting at approximately 8:20 pm and reconvened at approximately 8:33 pm.
Mayor Klausing advised that the City Council would move forward with the agenda, and Springsted would be deferred to a future agenda.
14. City Manager Future Agenda Review
City Manager Malinen reviewed upcoming tentative meeting agendas.
15. Councilmember-Initiated Items for Future Meetings
The meeting was adjourned at approximately 8:36 pm.