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City Council


 

City Council Meeting Minutes

March 9, 2015

 

1.       Roll Call

Mayor Roe called the meeting to order at approximately 6:00 p.m.  Voting and Seating Order: Laliberte, McGehee, Willmus, Etten, and Roe.  City Manager Patrick Trudgeon and City Attorney Mark Gaughan were also present.

 

Mayor Roe advised that, due to scheduling conflicts, Councilmember Willmus would be arriving late and leaving early from tonight?s meeting.

 

2.       Pledge of Allegiance

 

3.       Approve Agenda

Councilmember McGehee requested removal of Item 8.f from the Consent Agenda for separate consideration.

 

McGehee moved, Etten seconded approval of the agenda as amended.

 

                                                Roll Call

Ayes: Laliberte, McGehee, Etten, and Roe.

Nays: None.

 

4.       Public Comment

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

 

5.       Council Communications, Reports, and Announcements

Mayor Roe clarified that tonight?s joint meeting of the City Council and Parks & Recreation Commission would include the Commission's presentation of preliminary information to the City Council on their study of the deer population in and around Roseville.  However, Mayor Roe noted that there would be no action taken tonight, with the Council only receiving the information for their further review with a more in-depth discussion scheduled for the April 13, 2015 regular City Council meeting, at which time an opportunity for public comment will also be available. 

 

At the request of Councilmember McGehee, Mayor Roe confirmed that brief public comments would be received tonight if anyone in the audience was present for that purpose, but reiterated that presentation by the Commission was simply to present their recommendations.  Mayor Roe further clarified that public comment tonight would not preclude public testimony heard on April 13, 2015.

 

Mayor Roe noted a number of quilts currently on display at City Hall, an annual display by the Minnesota Contemporary Quilters Group, including a number of Roseville residents, and on display through mid-April, with this year?s theme around "cycles."  Additional information is available at www.mn.contemporaryquilters.net.

Mayor Roe announced an upcoming free community conversation scheduled at 6:30 p.m. on March 16, 2016 at the Roseville Skating Center, sponsored in part by the Human Rights Commission, and addressing mental health illness issues in general and associated stigmas.

 

Mayor Roe provided a brief update as the City's representative on the North Suburban Cable Commission Board of Directors, and their recent solicitation of cable franchise proposals, with one application received from Century Link to provide video and cable services.  Mayor Roe advised that the Commission first reviewed the application at their meeting last week, and it would be further considered at the May 2015 meeting, and once the application is formally accepted, a formal negotiation period wouldcommence, which would subsequently be brought to each of the nine member cities for their approval later this year.

 

Councilmember Laliberte advised that through some of her other volunteer work, she had recently met with several veterans groups and leaders of Disabled American Veterans and the V.F.W.  At this point, Councilmember Laliberte reported that it appears Legacy Funds and other financial resources may be available to cities wishing to work with veterans.  While no confirmed information is yet available, Councilmember Laliberte noted that some funds may be available for parks and/or volunteer programs, which was duly noted by staff for further follow-up.

 

6.         Recognitions, Donations and Communications

 

7.       Approve Minutes

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

 

a.            Approve Minutes of March 2, 2015 Meeting

­­­­­­Mayor Roe noted a bench handout from Councilmember McGehee at the March 2 meeting, and after review, he recommended that it be formally attached to these minutes as part of the record, which was approved by consensus of the body.

 

McGehee moved, Etten seconded, approval of Meeting Minutes of March 2, 2015 as amended.

 

Corrections:

·         Page 30, Line 28 (McGehee)

Correct spelling of "Mayor"

·         Page 31, Line 39 (Roe)

Correct "Councilmembers" to singular

·         Page 32, Line 19 (Roe)

Delete line entirely

·         Page 32, Line 22 (Roe)

Correct spelling of "motion"

·         Page 32, Lines 35-36 (Roe)

Delete lines entirely - duplication of Page 33 action

·         Page 33, Lines 8 - 9 (Roe)

Show time of adjournment at approximately 10:04 p.m.

 

                                                Roll Call

Ayes: Laliberte, McGehee, Etten, and Roe.

Nays: None.

 

8.       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; and as detailed in specific Requests for Council Action (RCA) and related attachments, dated March 9, 2015.

 

a.            Approve Payments

Laliberte moved, Etten seconded, approval of the following claims and payments as presented and detailed.

 

ACH Payments

$533,790.45

76654 - 76749

564,169.88

TOTAL

$1,097,960.33

 

                                                Roll Call

Ayes: Laliberte, McGehee, Etten, and Roe..

Nays: None.

 

b.            Approve Business and Other Licenses and Permits

Laliberte moved, Etten seconded, approval/renewal of business and other licenses and permits for terms as noted.

 

                                                Roll Call

Ayes: Laliberte, McGehee, Etten, and Roe.

Nays: None.

 

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

Mayor Roe noted the siren replacement was listed as a budget item, and from his understanding it should have been programmed into the CIP, seeking clarification by staff.

 

City Manager Trudgeon advised that he would verify with staff if it was an emergency management budgeted item or a replacement funded through the CIP, and report back to the City Council.

 

Laliberte moved, Etten seconded, approval of general purchases and contracts for services, and where applicable, trade-in/sale of surplus equipment as noted in the RCA and Attachment A entitled, ?2015 Capital Improvement Plan Summary,? updated February 28, 2015.

                                   

                        Roll Call

Ayes: Laliberte, McGehee, Etten, and Roe.

Nays: None.

 

d.            Approve Renewal Ethernet Network Transport Services Agreement with Roseville Schools

Laliberte moved, Etten seconded, approval of the renewal of the Ethernet Network Transport Services Agreement (Attachment A) between the City of Roseville and Roseville Area School District No. 623.

 

                                                Roll Call

Ayes: Laliberte, McGehee, Etten and Roe.

Nays: None.

 

e.            Receive Shared Services Update

Laliberte moved, Etten seconded, receipt of the updated shared services report (Attachment B).

                                                Roll Call

Ayes: Laliberte, McGehee, Etten and Roe.

Nays: None.

 

g.            Approve Construction Agreement with City of Falcon Heights

At the request of Councilmember McGehee, City Manager Trudgeon advised that he would discuss pathway maintenance of water and ice with City of Falcon Heights as part of the joint engineering agreement.

 

Laliberte moved, Etten seconded, approval of a Street Improvement Contract (Attachment A) between the Cities of Roseville and Falcon Heights for the improvement of Roselawn Avenue from Fairview to Snelling Avenues.

 

                                                Roll Call

Ayes: Laliberte, McGehee, Etten and Roe.

Nays: None.

h.            Approve an Agreement between the City of Roseville and Capitol Region Watershed District for the Upper Villa Stormwater Volume Reduction Project

          Laliberte moved, Etten seconded, approval of a Joint Powers Agreement (Attachment A) between the City of Roseville and Capitol Region Watershed District for the Upper Villa Stormwater Volume Reduction Project.

 

                                    Roll Call

Ayes: Laliberte, McGehee, Etten and Roe.

Nays: None.

 

i.             Approve Purchasing Agent Agreement

Laliberte moved, Etten seconded, approval of a Purchasing Agent Agreement with McGough Facility Management allowing purchase of supplies and materials for use at city premises for the benefit of the City of Roseville not subject to sales and use taxation as applicable for local government purchase as defined in Minnesota Statute Chapter 279A.70, subd. 2.

 

                                    Roll Call

Ayes: Laliberte, McGehee, Etten and Roe.

Nays: None.

 

9.            Consider Items Removed from Consent

 

f.             Receive City Grant Applications Update

At the request of Mayor Roe, City Manager Patrick Trudgeon briefly reviewed this item as detailed in the RCA and related attachments, dated March 9, 2015.

 

City Manager Trudgeon noted several formatting and/or confusing areas of the document, and volunteered to continue refining it for clarity.  However, Mr. Trudgeon advised that those items highlighted in red were additions since the last update.

 

Councilmember McGehee questioned several in-kind financial matches required of the City on Legacy Fund grant applications, which she found to be excessive matches and questioned whether these funds were additional to what had already been approved by the City Council.

 

City Manager Trudgeon advised that part of these grant applications were included in the Park Renewal Program for natural resource improvements.  However, Mr. Trudgeon advised that he would follow-up and report back to the City Council.

 

Mayor Roe asked that a cleaned-up copy be presented at the next City Council meeting, with the request duly noted by City Manager Trudgeon.

10.         General Ordinances for Adoption

 

11.         Presentations

 

Recess

Mayor Roe recessed the meeting at approximately 5:53 p.m., and reconvened at approximately 5:56 p.m.

 

a.            Joint Meeting with Parks & Recreation Commission

Mayor Roe welcomed Park and Recreation Commissions to this quarterly meeting.  Commissioners present included Chair Dave Holt and Members Lee Diedrick, Jerry Stoner, Terrance Newby, and Randall Doneen.

 

Chair Holt advised that the Commission had received considerable input and feedback from the public during its study, as charged by the City Council, and research of the deer population and related issues in this area.  Chair Holt advised that Commissioners Newby and Stoner would lead a summary of their findings and the broad recommendations of the Commission based on their information and deliberations.

 

Commissioner Newby noted that this subject had a lot of public impact and was a passionate topic.  As part of the Commission?s recommendation, included in tonight's meeting packet, dated March 9, 2015, Commissioner Newby noted that a theme seemed to be centered around neighbors feeding deer, which created a lot of problems in deer congregating.

 

Commissioner Newby summarized the Commission?s recommendations as it inventoried and monitored the deer population and things for the City Council to consider if and when it authorized creation of an ordinance.  Commissioner Newby advised that the recommendation of the Commission was for a comprehensive wildlife ordinance that included a feeding prohibition along with other issues that could be enforceable by the City, with penalties for violations and options for as-needed control mechanisms as defined by criteria established by Ramsey County and the Department of Natural Resources.  Commissioner Newby advised that the Commission recommended an immediate restriction on feeding, and enactment of an ordinance that would provide an enforcement method and penalties in order to  deter individuals from feeding wildlife.  Only if necessary, Commissioner Newby clarified, was one potion provided for a controlled hunt if after two years of enforcing a feeding ban and subsequent survey, it was determined that there was still a significant problem.

 

Councilmember McGehee noted that the Commission had been tasked to address the deer population, however, they had returned with a recommendation addressing wildlife in general.  As an example, Councilmember McGehee stated that she was not aware of a turkey problem in Roseville, however, they were included as part of wildlife management, and questioned why they were included if no problem and apparently no one was actively feeding them.

 

Commissioner Newby responded that, while deer seemed to be driving the problem, it had become apparent during the Commission?s study to have a feeding ban only for deer; and based on their research in ordinances from other communities, it became easy to get around that restriction if limited to deer.  Commissioner Newby noted that some residents attending their discussions had also expressed concern with turkey, geese and coyotes and other wildlife other than deer.

 

Commissioner Stoner concurred, noting that with the exception of one community, they qualified their ordinance as a wildlife management program to address feeding in general and avoid potential enforcement issues if a violator stated their intent was to feed something other than deer, and deer inadvertently ate the food.

 

Chair Holt advised that the Commission?s recommendation was for a comprehensive wildlife plan, not just the feeding ordinance portion.  Chair Holt noted that during the Commission?s research and through considerable public engagement, they heard numerous comments from residents on other wildlife issues, even though deer was the focus.  Therefore, Chair Holt advised that recommending a comprehensive wildlife plan made sense as part of the City?s regulations.

 

While she may agree in principle, Councilmember McGehee referenced the number of e-mails received to-date, some of which were included in tonight?s materials while others were received by her directly.  Councilmember McGehee stated that she knew for a fact that natural habitat area creation and/or preservation were high on the interest list of residents when the Commission had done their resident survey.  However, Councilmember McGehee noted that the City had actually reduced natural areas, part of which could be removal of invasive plant species which was a good thing; however, it impacted areas of natural habitat, which may have also created some of the wildlife crowding issues being experienced.  While it's fine to discuss ways to alleviate the community's problematic deer population, Councilmember McGehee opined that a large segment of the community's residents valued wildlife and natural habitat and that it was important to keep that in mind. 

 

As for the deer herd, Councilmember McGehee noted that not all of the wildlife was specific to Roseville but migrated from and throughout other suburbs as well.  Therefore, Councilmember McGehee opined that the surveys in Roseville may not actually be accurate on any given day, or define where the herd was actually living.  In her review of the map provided in the packet, Councilmember McGehee noted the deer populations were occurring predominantly in Ramsey County natural areas and open space, as determined with fly-over surveys.

 

Chair Holt concurred, adding another population near Lake Owasso.

 

Councilmember McGehee acknowledged that this was also another natural area.

 

Chair Holt recommended that the intent of the comprehensive wildlife plan should certainly not be misconstrued to get rid of wildlife, but to attempt properly managing or limiting their numbers depending on periodic counts.  Chair Holt noted that a feeding ban is only one option to disperse deer in a manner that they were not congregating and becoming a public nuisance and/or safety hazard for vehicles.  Chair Holt reiterated Commissioner Newby?s summary in that the overall plan incorporated many different things beyond a ban.

 

Mayor Roe reiterated his announcement regarding this not constituting a complete discussion tonight, and opportunities for further discussion and public input at a later date.

 

Councilmember Etten thanked Commissioners for putting together a thorough and complete analysis, including detailed information from other communities and a recommendation for moving forward.  Commissioner Etten expressed his appreciation for their background work allowing further community discussions in the near future.

 

When viewing Commission meetings from home, Councilmember Laliberte noted one thing that had been gnawing at her was finding out what other communities around Roseville were doing, since wildlife didn?t observe borders.  Therefore, Councilmember Laliberte thanked the Commission for providing that information, which she found very helpful.  Regarding the Commission?s recommendation #5 (page 5 of the RCA), Councilmember Laliberte asked for clarification that they were not proscribing a particular avenue for a hunt, just that it could be discussed further if deemed necessary.

 

Commissioner Newby concurred, and responded that the recommendation was that, if after the initial two-year period, if there were still a significant number of citizen complaints, the option for a hunt could be an option at which time the issue could be revisited and opportunity for assessment of the problem. Commissioner Newby noted that the assessment may indicate there is nothing warranted or any further action necessary.

 

Chair Holt advised that this was part of the rationale in the Commission's recommendation for creation of an ordinance that would allow for a hunt if warranted, since at this time the City had nothing in place to allow a hunt as an option. Without such a mechanism readily in place, Chair Holt noted the delay in the process and need to continually go over things again before able to take appropriate action.

 

Mayor Roe noted that this would provide a form of preauthorization and option to hold a public hearing prior to any hunt.

 

Commissioner Stoner responded that, for those wanting a hunt immediately, the process would move more quickly than having to compile information again and by the time the process was completed, the cycle could be no longer a valid issue without an ordinance in place to address any potential problems within a much shorter time fame.

 

While recognizing that the Commission's recommendations were broad-based at this point, Chair Holt asked the City Council to provide their feedback on whether or not the Commission was meeting their charge.  Chair Holt noted that, if so directed, the Commission could consult with the City Attorney or look into further penalty options.

 

Mayor Roe advised that further direction would come from the City Council after their April 13, 2015 discussion.

 

Reiterating that this opportunity for public comment was only informal and preliminary tonight with receipt of the information, Mayor Roe opined the meeting for public comment at this time.

Public Comment

Timothy Callaghan, 3062 Shorewood Lane

Mr. Callaghan provided a bench handout and referenced information from the Minnesota Horticulture Society.  Mr. Callaghan expressed his disappointment that the Parks & Recreation Commission had offered their information as a comprehensive study, while not contacting or involving the Horticulture Society, one of the largest local organizations in the area with information on deer populations. 

 

Mr. Callaghan opined that he found a lot of misinformation in the Commission?s report, and suggested consulting with the Horticulture Society on deer eating from bird feeders and droppings around them, creating a considerable portion of the problem in isolated cases.

 

Councilmember Willmus arrived at this time, approximately 6:14 p.m.

 

Mr. Callaghan referenced photos provided previously by Mr. Roger Toogood of deer in his  yard eating from his bird feeders; further opining that the problem of bird feeders needed to be addressed rather than the deer population and inadvertent feeding of deer due to these activities. 

 

Mr. Callaghan questioned the validity of accusations of deer eating rhubarb, since their leaves are toxic and, as confirmed in his consultation with the Horticultural Society, knew of no deer doing so, as it would be similar to them eating needles.

 

Mr. Callaghan opined that the City didn?t need another ordinance, and if not wanting residents to feed deer, they should simply talk to those residents doing so and ask them to stop.  Mr. Callaghan opined that deer should not be fed other than from what they found in the environment unless there were extraordinary circumstances.

 

Mr. Callaghan opined that another ordinance would be useless since the City Manager was terrible about enforcing existing ordinances based on his personal experience with him.

 

Mr. Callaghan asked that the City think carefully about these regulations as currently proposed by the Commission, as they didn't define wild versus tame animals, and suggested the need for specific rules for specific animals.  Mr. Callaghan noted that it appeared that only residents on two roads made up for more than half of the complaints about deer.

 

At approximately 6:18 and with no one else coming forward, Mayor Roe closed public comment and reiterated that this item would appear again on the April 13, 2015 meeting agenda.

Recess

Mayor Roe recessed the meeting at approximately 6:18 p.m., and reconvened at approximately 6:25 p.m.

 

12.         Public Hearings

 

13.         Budget Items

 

14.         Business Items (Action Items)

 

a.            Commission Interviews

Councilmember Willmus left at approximately 8:40 P.M.

 

15.         Business Items - Presentations/Discussions

 

16.         City Manager Future Agenda Review

 

17.         Councilmember-Initiated Items for Future Meetings

 

18.         Adjourn

Laliberte moved, Etten seconded, adjournment of the meeting at approximately 9:22 p.m.

                                    Roll Call

Ayes: Laliberte, McGehee, Willmus, Etten and Roe.

Nays: None.