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REGULAR COUNCIL MEETING AGENDA

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REGULAR COUNCIL MEETING AGENDA Powered By Docstoc
					                                  CITY OF WEST ST. PAUL
                          1616 HUMBOLDT AVENUE, WEST ST PAUL, MN 55118
                                        Phone: 651-552-4100         TDD: 651-322-2323
                                            Website: www.cityofwsp.org

                         REGULAR COUNCIL MEETING - AGENDA

                                                  JULY 11, 2011
                                                       7:00 P.M.
                                MUNICIPAL CENTER COUNCIL CHAMBERS

CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE

  1. APPROVAL OF AGENDA
  2. PROCLAMATIONS AND RECOGNITIONS
     A.
     B.
  3. CITIZEN'S COMMENTS
     Individuals may address the City Council about any item not included on the regular agenda. Speakers are requested to
     come to the podium, state their name and address for the Clerk's record, and limit their remarks to two minutes. Generally,
     the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a
     future report or direct that the matter be scheduled on an upcoming agenda.
     A.
     B.
  4. COUNCIL COMMENTS
     A.
     B.
  5. CONSENT AGENDA* [All items on the Consent Agenda are considered to be routine and have been made available to
     the City Council at least two days prior to the meeting; the items will be enacted by one motion. There will be no separate
     discussion of these items unless a Council member or citizen so requests, in which event the item will be removed from this
     Agenda and considered under separate motion.]
     A.    Approve Council Meeting Minutes for June 27, 2011 and Special OCWS on June 20, 2011
     B.    Approve OCWS and Council Meeting Minutes for June 27, 2011
     C.    Approve City Licenses
     D.    Approve List of Claims
     E.    Approve Bank Reconciliation (Not Available)
     F.    Approve Final Plat for Brunn Addition - 373 Butler
     G.    Approve Broker Agreements for Employee Insurance
     H.    Waive Consent Requirement for Block/Street Closure – August 2nd Night to Unite
          If you need an accommodation to participate in the meeting, please contact the ADA Coordinator at
               651-552-4108, TDD 651-322-2323 at least 5 business days prior to the meeting. EOE/AA
6. PUBLIC HEARINGS
  A. Final Reading - Zoning Code Amendment, Section 5.3 regarding Variances
  B. TIF Spending Plan
7. STAFF AND CONSULTANT REPORTS & RECOMMENDATIONS
  A. Administration/Finance
     1) Presentation of 2010 Comprehensive Annual Financial Report (CAFR)
     2) G.S. Compensation Resolutions
     3) 1st Reading - Pawnbrokers/Precious Metals Dealers Ordinance
     4) 1st Reading – Tattoo/Body Art Ordinance
  B. Public Safety
     1)
     2)
     3)
  C. Public Works/Engineering
     1)
     2)
     3)
  D. Parks & Recreation
     1)
     2)
     3)
  E. Community/Economic Development
     1) 1st Reading – Zoning Code Amendment, Sections 23.2 and 28.2, regarding Pawnshops/Tattoo shops/Body
        Art in the B-3 District and the I-1 District – City of West St. Paul
     2)
     3)
8. OLD BUSINESS
  A.
9. NEW BUSINESS
  A.
10. ADJOURN
  FUTURE MEETINGS & EVENTS:
  July 12, 2011                    Parks and Recreation Committee Meeting at 5:30 p.m.
  July 13, 2011                    Beyond the Yellow Ribbon Kickoff at WSP Armory at 6:30 p.m.
  July 19, 2011                    Planning Commission Meeting at 7:00 p.m.
  July 20, 2011                    So Metro Fire Dept Board Mtg (West St Paul) at 4:30 p.m.
  July 21, 2011 Canceled           Public Safety Committee Meeting at 4:30 p.m.
  July 24, 2011                    Triathlon event sponsored by Optum Health Performance
  July 25, 2011                    Regular Council Meeting at 7:00 p.m. (OCWS Preceding)
  August 1, 2011                   EDA Meeting at 5:30 p.m.
  August 2, 2011                   Night to Unite
  August 3, 2011                   Environmental Committee Meeting at 6:00 p.m.

       If you need an accommodation to participate in the meeting, please contact the ADA Coordinator at
            651-552-4108, TDD 651-322-2323 at least 5 business days prior to the meeting. EOE/AA
                                                                                 June 27, 2011
                                                                                     Page 119


The regular meeting of the West St. Paul City Council was held on Monday, June 27, 2011
at 7:00 p.m. in the Council Chambers of the Municipal Center, 1616 Humboldt Avenue, West St.
Paul.

Roll Call:
The roll being called, the following members were:

Present:      Mayor Zanmiller, Clpns. Englin, Hansen, Iago, Lewis, Vitelli, and Wright

Absent:       None

Also Present: City Manager John Remkus, Assistant City Manager Sherrie Le, City Attorney
              Kori Land, Lieutenant Brian Sturgeon, Community Development
              Director Jim Hartshorn, Parks & Public Works Director Matt Saam; and City
              Clerk Sharon Newhouse.

APPROVAL OF AGENDA
Clpn. Hansen made a motion to have the Resolution to End Operation and Remove the West St.
Paul Ice Arena put on the agenda. Mayor Zanmiller stated the protocol of Council is to review
any items at the Open Council Work Session. The motion was defeated.

ON MOTION of Clpn. Lewis, seconded by Clpn. Wright, resolved to adopt the agenda for June
27, 2011 with no changes: Ayes: 6 Nays: 0

CITIZEN’S COMMENTS
None

COUNCIL COMMENTS
Clpn. Lewis commented that she had attended the St. Paul Planning Commission and the Smith
Avenue Revitalization was on the agenda. She reported that it passed unanimously and was
scheduled to go to their Council for approval.

Clpn. Vitelli related he had received many e-mails regarding the Sports Campus and appreciated
the feedback.

Clpn. Hansen commented that he also had received feedback from his constituents on the Sports
Campus and the consensus is that they can’t afford more tax increases.

Mayor Zanmiller noted the passing of Bruce Kubes, a stalwart hockey booster and outstanding
guy who loved his hometown and always thought of other people.

CONSENT AGENDA
ON MOTION of Clpn.Wright, seconded by Clpn.Vitelli, resolved to adopt the following
Consent Agenda Items: Ayes: 6     Nays: 0

A. Approve City Council Minutes for June 13, 2011
B. Approve OCWS Minutes for June 13, 2011
C. Approve City Licenses
Business Licenses – No Background Required
Albrecht Sign Company – Sign Erector
Alpine Asphalt Inc. – Blacktopping
Aqua Gen – General Contractor
Beaver Basement Water Control LLC – General Contractor
Contact Signs Inc. – Sign Erector
Crow River Plumbing & Heating – Plumbing, Steamfitting
DCP Plumbing - Plumbing
Gardner Plumbing LLC – Plumbing, Gas Burner
Infinity Plumbing Inc. – Plumbing
Quality Refrigeration – Air Conditioning
St. Paul Utilities – Excavation
TruSeal America LLC - Masonry
June 27, 2011
Page 120


Business Licenses – Background required
Application to Conduct Off-Site Gambling (raffles) for UMOGD-Sight Preservation Foundation
for an event to be held at Southview Country Club, 239 E. Mendota Road on August 8, 2011

On-Sale Temporary Intoxicating Liquor - St. George Church for an event to be held at St.
George Church, 1250 Oakdale Avenue on July 22-24, 2011

Rental Dwelling Licenses
None

D. Approve List of Claims
E. Approve State Performance Measures Resolution
On Motion of Clpn. Wright                                           Seconded by Clpn. Vitelli

                                 CITY OF WEST ST. PAUL
                                 Dakota County, Minnesota

                                  RESOLUTION NO. 11-69

                A RESOLUTION ADOPTING PERFORMANCE MEASURES


WHEREAS, the Minnesota Legislature created a Council on Local Results and Innovation; and

WHEREAS, there are financial incentives for cities to participate in the programs adopted by the
Council; and

WHEREAS, participation in the program provides an opportunity for the City of West St. Paul to
gather citizen feedback and enhance communication with residents; and

WHEREAS, the City of West St. Paul intends to participate in the program; .

NOW THEREFORE, BE IT RESOLVED, that the City of West St. Paul, does hereby adopt the
ten performance measures developed by the Council on Local Results and Innovation; and

BE IT FURTHER RESOLVED, that city staff is directed to perform all necessary tasks to
participate in the program for 2011.

Adopted by the City of West St. Paul this 27th day of June, 2011.

       Ayes: 6     Nays: 0


_______________________________              Attest: ____________________________
John A. Zanmiller, Mayor                             Sharon M. Newhouse, City Clerk

F. Approve Final Plat for Westwood Ridge Development
On Motion of Clpn. Wright                                           Seconded by Clpn. Vitelli


                                CITY OF WEST ST. PAUL
                             DAKOTA COUNTY, MINNESOTA

                                  RESOLUTION NO. 11-70

                 A RESOLUTION APPROVING THE FINAL PLAT FOR A
                PROPERTY LINE ADJUSTMENT AT 1 W. THOMPSON AVE
                         WALKER THOMPSON HILL, LLC

       WHEREAS, a Final Plat has been submitted to the City for the properties legally
described as:
                                                                                       June 27, 2011
                                                                                           Page 121


         LOT 1, BLOCK 1, WALKER ADDITION NO. 2, DAKOTA COUNTY, MINNESOTA
         LOT 2, BLOCK 1, WLAKER ADDITION, DAKOTA COUNTY, MINNESOTA

       WHEREAS, the City of West St. Paul Subdivision Code allows for an administrative
review of proposed property line adjustment for platted, conforming lots; and

         WHEREAS, the City has conducted an administrative review of the proposed Final Plat;
and
         WHEREAS, the proposed Final Plat is in accordance with the Subdivision requirements;
and

        NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF WEST ST.
PAUL that the Final Plat for 1 W. Thompson Ave titled Westwood Ridge is hereby approved
subject to the following conditions:

      1. Private drainage & utility easements for the portions of the lot 2 storm/sanitary sewer
         lines that cross into lot 1 are required. The easements will need to be granted by lot 1 for
         the benefit of lot 2. While these easements are not required for the final plat approval, in
         order to have the easements recorded with the final plat they would need to be completed
         at the same time.

      2. A standard 10-foot wide drainage & utility easement around the perimeter lot lines of the
         plat must be dedicated on the final plat.

Passed this 27th day of June, 2011.

         Ayes: 6         Nays: 0
                                                       Attest:


                                                       ___________________________
John A. Zanmiller, Mayor                               Sharon M. Newhouse, City Clerk

G. Approve Renewal of Animal Services Agreement
On Motion of Clpn. Wright                                              Seconded by Clpn. Vitelli

                                     RESOLUTION NO. 11-71

              RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT

BE IT RESOLVED, that the City of West St. Paul will enter into a cooperative agreement with
Dr. David Abramowicz of South St. Paul Animal Hospital

WHEREAS, the residents of the City are in need of professional animal services; and

WHEREAS, Dr. David Abramowicz has provided such services since 2002 without issue or
concerns;

THEREFORE, City Manager Remkus is hereby authorized to execute such agreements and
amendments, as are necessary to implement the project on behalf of the City of West
St. Paul.

Adopted by the City Council of the City of West St. Paul on this 27th day of June, 2011

         Ayes: 6                Nays: 0
                                                       Attest:

___________________________________                    _________________________________
John A. Zanmiller, Mayor                               Sharon M. Newhouse, City Clerk

H. Approve No Parking Zone, 100 Block Carmel Avenue
June 27, 2011
Page 122

On Motion of Clpn. Wright                                           Seconded by Clpn.Vitelli



                                  RESOLUTION NO. 11-72

        A RESOLUTION APPROVING NO PARKING ALONG A PORTION OF
                          CARMEL AVENUE


WHEREAS, the City has been made aware of sight distance issues related to vehicles parking
along the south side of Carmel Avenue between 80th and 140th Carmel; and

WHEREAS, there is a vertical incline and a slight curve along Carmel Avenue in this
area which adds to the sight distance problem; and

WHEREAS, the combination of the above issues makes it difficult for motorists exiting the
driveways between 80th and 140th Carmel Avenue to safely see traffic along Carmel
Avenue.

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council hereby approve a no
parking zone along the south side of Carmel Avenue, between 80th and 140th Carmel Avenue.

Adopted by the City Council of the City of West St. Paul this 27th day of June, 2011.

       Ayes: 6        Nays: 0
                                                    Attest:


____________________________________                __________________________________
John A. Zanmiller, Mayor                            Sharon M. Newhouse, City Clerk


FINAL READING - CITY CODE SECTION 305.01 REGARDING NUMBER OF
PLANNING COMMISSION MEMBERS
Director Hartshorn reviewed the staff report from City Planner Ben Boike. He related that three
Planning Commission members’ terms were expiring in July and two were not reapplying, so it
was a good time to lower this number from nine to seven.

Mayor Zanmiller opened the Public Hearing at 7:07 p.m. to consider the Final Reading of an
Ordinance Amending West St. Paul Ordinance Section 305.01, Subd. 1, Regarding Number of
Planning Commission Members and asked if there was anyone present who wished to speak on
this matter; no one wished to do so. Mayor Zanmiller closed the public hearing.

On Motion of Clpn. Wright                                           Seconded by Clpn. Englin      Formatted: Left, Don't adjust space between
                                                                                                  Latin and Asian text

                                ORDINANCE NO. 11-05                                               Formatted: Font: Not Bold

                               CITY OF WEST ST. PAUL
                             DAKOTA COUNTY, MINNESOTA

        AN ORDINANCE AMENDING WEST ST. PAUL ZONING ORDINANCE
              SECTION 305.01 SUBD. 1, REGARDING NUMBER OF
                   PLANNING COMMISSION MEMBERS

The City Council of West St. Paul does ordain:

SECTION 1. AMENDMENT. West St. Paul Zoning Ordinance Section 305.01 Subd. 1,
regarding number of Planning Commission Members is hereby amended as follows:

305.01. Planning Commission
                                                                                   June 27, 2011
                                                                                       Page 123

Subd. 1. Members. The Planning Commission of the City consists of 13 11 members. Nine
Seven members are appointed by the Mayor and confirmed by the City Council. The City
Attorney, Zoning Administrator, Community/Economic Development Director and one member
of the City Council are ex-officio members without the right to vote.

SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and
after its passage and publication according to law.

Passed this 27th day of June, 2011.

       Ayes: 6        Nays: 0                       Attest:



John A. Zanmiller, Mayor                            Sharon M. Newhouse, City Clerk

SPORTS CAMPUS PROJECT RESOLUTION
Mayor Zanmiller explained that the EDA forwarded a resolution to Council which conveyed that
the project had the support of Council to continue moving forward. The mayor related the
highlights of the Sports Campus Resolution, and read the four points which were included.

Clpn. Lewis iterated that she had a lot of questions about this project and she has not received
very many answers. She stated they were missing a lot of information on this and brought up the
following concerns:

    • Were told that this project would pay for itself with revenue bonds but now find the gap
       is anywhere from $200,000 to $400,000 which means it would have to be subsidized by
       taxpayers
    • Were told that this would be an economic benefit, but an economic analysis was never
       accomplished
    • No market study done on users of the facility
    • many vacant homes due to economic times
    • Decline in new home creations because children are not moving out of parent’s homes
    • Birthrates have gone down and these would be the children five to six years from now
       that would be using this complex and the numbers would not be there
    • Increase in the older population; 19% of West St. Paul’s population is over the age of 65
       The projection by 2020 is that there will be more people over the age of 65 than kids in
       school, the first time since WWII.

Clpn. Lewis said because she had a lot of questions, but not answers, she would not support this
resolution.

Clpn. Englin addressed Clpn. Lewis’ concerns as follows:

       They had expectations that the facility would pay for itself but was lower than
       anticipated, but that is the purpose of the resolution for City Staff to investigate and
       analyze ways to make this work and be financially viable
       Outside the debt, this facility has an operating cost of approximately $460,000 with
       revenues in the range of $800,000
       When you look at other facilities that are similar they more than cover the cost and
       contribute significantly to the debt
       With regard to the economic impact, Robert Street is tailored for this type facility
       With regard to birthrates, there are three war zones and history dictates that when the
       soldiers return home, the birthrate goes up
       When considering the older population if you look at this in terms of only young persons,
       you missed the vision. He is planning for when this 65 and older group move out of their
       houses and having this City have the opportunity to attract younger families to move in.
June 27, 2011
Page 124


Clpn. Englin stated if the residents are concerned about taxes, Clpn. Hansen had a resolution
ending the current arena which the City currently subsidizes at $122,000 per year on a levy basis.
Clpn. Englin indicated he knows what he is asking for which is trying to market this town
differently, and with this project, the possibilities are endless. He explained they will continue to
debate this, and this resolution allows them to continue to move forward and hear more input
from staff, both positive and negative, and move forward from there.

On Motion of Clpn. Englin                                             Seconded by Clpn. Wright

                                      RESOLUTION NO. 11-73

                                 CITY OF WEST ST. PAUL
                              DAKOTA COUNTY, MINNESOTA

    A RESOLUTION TO SUPPORT AN ICE ARENA AND SPORTS DOME PROJECT
            TO BE LOCATED AT LIVINGSTON AND WENTWORTH


WHEREAS, the West St. Paul Economic Development Authority (“EDA”) explored options for
repairing or replacing the City’s existing ice arena facility;

WHEREAS, several options were recommended to the EDA, one of which was to construct a new
ice arena facility at the intersection of Livingston and Wentworth and add a sports dome;

WHEREAS, the property proposed for the new ice arena and sports dome is owned by the City;

WHEREAS, the EDA opted to pursue the new ice arena and sports dome concept (“Sports
Campus”) at the proposed City site;

WHEREAS, the EDA has been discussing the Sports Campus with various user groups to better
plan the development, design and operations of the Sports Campus;

WHEREAS, the EDA engaged Ehlers Associates, its financial consultant, to study the proposed
plans for the Sports Campus in order to make a preliminary determination of its financial feasibility,
as well as to offer suggestions on financing for the Sports Campus;

WHEREAS, the EDA reviewed the preliminary results of Ehlers Associates at its regular EDA
meeting on June 6, 2011 and voted to move forward with the Sports Campus project and requested
that the City Council consider the matter at its next regular meeting on June 13, 2011;

WHEREAS, the City Council reviewed the materials from Ehlers Associates, as well as other
supporting documentation from City Staff at its regular meeting on June 13, 2011.

NOW THEREFORE, BE IT RESOLVED by the West St. Paul City Council that the Council
hereby does the following:

       1. Supports moving forward with the Sports Campus project; and
       2. Directs and authorizes City Staff and its consultants and attorneys to more fully
          investigate, analyze and explore the Sports Campus project; and
       3. Anticipates that City Staff, its consultants and attorneys will continue to work toward
          making the Sports Campus project a financially viable project with a goal of opening by
          Fall of 2012; and
       4. Anticpates that City Staff, its consultants and attorneys will keep the Council informed
          and updated as to all progress, possible changes in design, site plan, financial feasibility
          and other major implications and developments with the project on a regular and timely
          basis.

Passed this 27th day of June, 2011.

       Ayes: 4         Nays: 2 (Clpns. Lewis and Hansen)
                                                                                     June 27, 2011
                                                                                         Page 125


                                                     Attest:


John Zanmiller, Mayor                                Sharon M. Newhouse, City Clerk


FIRST READING – ZONING CODE AMENDMENT, SECTION 5.3 REGARDING
VARIANCES
Attorney Land explained that this was a recent statutory change due to an upheaval in the
variance laws last year with a Supreme Court decision that made it very difficult for any city to
approve any type of variance. The League of Minnesota Cities was successful in getting
language in this year’s legislative session which passed and gives more flexibility in the variance
laws. Ms. Land stated this changes the standard to what the County has been which is a
“Practical Difficulties” test and puts the City back at where they thought they were which is, if
the property can’t be put to a reasonable use, a variance can be granted.

Ms. Land indicated that they incorporated language into ordinance format based on a model that
was developed by the League and tweaked this because the City had some good language that
they wanted to keep. She said the proposed amendment incorporated the “Practical Difficulties”
test which is basically that the property owner wants to use the property in a reasonable manner;
that the circumstances are unique to the property, and the variance will not alter the character of
the neighborhood; and adds a provision requiring the Committee of Adjustments to make written
findings for a variance, which was highly recommended by the LMC.

Mayor Zanmiller inquired if the application for a variance would go up in cost with written
findings required. Ms. Land responded that they anticipate that staff will be able to develop
those findings since they typically have highlighted all of the requirements when they do their
staff report so it would be a matter of copying that into a resolution.

Clpn. Englin asked if the variance process would be easier and granted more readily.

Attorney Land stated that variances are pretty generously granted and find they meet the criteria
in most circumstances; she doesn’t anticipate any real change in how things are done.

Clpn. Wright commented that the variance process that he personally went through last year was
very onerous, time consuming, and very expensive for a homeowner. He opined the proposed
ordinance language would get the City back to the mode of normal. His belief was that there
were many residents who would like to make improvements to their property or take care of
problems but the process was so onerous they did nothing. He added this was fabulous for the
residents.

Clpn. Lewis added that the Planning Commission voted 8-0 recommending approval and noted
that once a variance is granted it does not come before the Council because it is the sole
responsibility of the Planning Commission, unless it is appealed.

ON MOTION of Clpn. Wright, seconded by Clpn. Englin, resolved to approve the First Reading
of an Ordinance Amending West St. Paul Zoning Code Section 5.3(1) Regarding Variances.
       Ayes: 6 Nays: 0


ADJOURNMENT
ON MOTION of Clpn. Vitelli, seconded by Clpn. Hansen, moved to adjourn the regular
     City Council meeting of June 27, 2011 at 7:27 p.m. until it reconvenes for the next
     Regular City Council meeting to be held on Monday, July 11, 2010 at 7:00 p.m. in
     the Council Chambers of the Municipal Center, 1616 Humboldt Avenue.

       ALL VOTED IN FAVOR THEREOF.

________________________________                   Attest: ________________________
John A. Zanmiller, Mayor                                   Sharon M. Newhouse
                                                           City Clerk
                                                                                    June 20, 2011
                                                                                        Page 113


The Special Open Council Work Session of the West St. Paul City Council was held on Monday,
June 20, 2011 at 7:30 p.m. in the Council Chambers of the Municipal Center, 1616 Humboldt
Avenue, West St. Paul.

Roll Call:
The roll being called, the following members were:

Present:       Mayor Zanmiller, Clpns. Englin, Hansen, Iago, Lewis, Vitelli, and Wright.

Absent:        None

Also Present: City Manager John Remkus and City Attorney Kori Land.

PROPOSED SPORTS FACILITY STUDY
Mayor Zanmiller related there was only one action agenda item which was the discussion of the
resolution accepting the report from the Economic Development Authority, and Council was
provided with the background information. He explained that he received the agenda the
Wednesday before the last Council meeting which was normal operating procedure. He stated
he saw one thing that was problematic, and he would not support, which was the inclusion of a
construction time schedule. He said he did not think it was appropriate to put a time schedule on
a project that was not formerly adopted by Council.

Mayor Zanmiller indicated he was also concerned about two things: the Goodman decision and
that Council had gotten polarized on this issue. In his attempt to have this based on solid facts,
he incorporated language replacing the construction schedule with a request that Council pass the
resolution with language that would prohibit Council members from talking, advocating or
opposing the ice arena project outside of a public meeting. He said he doesn’t agree with the
Goodman decision but nonetheless it was a decision by the Appellate Court. Until they could
figure out exactly what they could do to work around it, he thought it best to be prudent and sit
back. Since that time he has looked at this and determined that he was willing to give this further
consideration.

Mayor Zanmiller stated he would be presenting some language that he believed that the Council
would find acceptable to keep this project moving forward. He proposed removing the language
requiring Council members to refrain from public discussion outside a public meeting to read:

       Language adopted to allow staff to work on financial analysis and viability free of outside
       political pressure as well as any consultants that the City uses

       City Attorney to draft an opinion for the Council advising them how to avoid falling into
       the Goodman situation

       Incorporate language that would put a specific date for information gleaned by staff in
       terms of the financial analysis to be brought back to Council, hopefully within 45 days,
       but subject to input from the City Manager and Financial Director, that date could move
       to an earlier timeframe

Mayor Zanmiller asked Council for their input, and the following did so:

Clpn. Hansen stated he was receiving feedback from his constituents that they do not want this
and wanted to opt out of it. He opined that this was a violation of the fourth amendment which
he read. He then asked the Attorney Land what would happen if he did not pay his taxes if he
did not support this.

Mayor Zanmiller indicated he knew where Clpn. Hansen was coming from but stated he did not
think that it was germane to the issue at hand because they were talking about a fiscal analysis.
He said he did not believe the fourth amendment would infringe on the right to ask for a financial
analysis.

Attorney Land agreed with Mayor Zanmiller and stated the analysis of the fourth amendment is
not exactly on point in this situation.
June 20, 2011
Page 114


Clpn. Hansen disagreed and commented that taxing someone’s food, shelter and clothing should
be off limits. He indicated that had to be another way to fund this besides property tax because it
would be a bondage to the citizens of West St. Paul, and not everyone is willing to pay for this.

Clpn. Vitelli asked the City Attorney if consideration had to be made to the Goodman situation.

Attorney Land responded that this was an important decision that the Court of Appeals made but
because it is so recent it has not been fully analyzed, but the preliminary discussion amongst the
city attorneys was that it needed to be viewed with caution. She related in this particular case
there was a zoning application that was pending before the council that was a big project that a
developer wanted to do. She indicated that there was one particular council member who
vehemently opposed the project, and she was very vocal about it to her constituents. This
council member had some neighborhood groups that she was working with to oppose the project.
The council member made it very clear that she would not support it. Attorney Land stated at
the time it was pending before the planning commission, and it was denied. This then went
before a second body that the council member sat on and this group voted to deny it as well. The
developer eventually sued claiming that this was arbitrary and capricious and the District Court
agreed as did the Court of Appeals that the council acted arbitrarily and capriciously because of
the council member’s actions outside of a council meeting.

Attorney Land indicated that council sits as fact finders before any matter comes before them
and the facts that are heard are the only facts that should be taken into account when they make a
decision. Because this particular council member had already done some background lobbying to
oppose the project and because she represented the ward in which this project took place, the
Courts felt this swayed the council’s decision. The District Court had awarded compensatory
damages and attorney’s fees to the developer; the Court of Appeals felt the right remedy was not
money but was to take it back to the council for a new hearing and revote with the council
member absent from that decision.

Attorney Land indicated the caution learned from the Goodman situation was if someone on the
Council has strong support or opposition for a particular project, and if they lobby for it outside
of a hearing that they know they have to make a decision on, they might not be able to vote on
that project. She added she did not believe this Council was at that stage because they were at
such a preliminary stage of voting for or against the concept of the project, but eventually they
would be asked to vote in a quasi judicial manner on this project, so caution should be taken.

Clpn. Vitelli stated he disliked inserting language that City staff should be free of political
persuasion because it is already in the Charter that they shouldn’t be doing that. By putting
something like that in the resolution makes it seem like the Council has been doing that or that
they could do that in other situations. He further stated that maybe they all needed a reminder
that they shouldn’t be pressuring anyone except for the City Manager because he worked for
them.

Mayor Zanmiller suggested changing the verbiage in the resolution from “language adopted…
free of political influence…” to: “Council needs to be mindful of the Charter restrictions and
except for purposes of inquiry, no council member shall direct staff.”

Clpn. Vitelli stated he would rather see this verbiage left out, but it was better. He added he
would like to have a timeline as well. Also, he said he has received comments from anti-tax
persons and they made very valid points. He commented that if they were not willing to make
any further investment in the City, then they need to get taxes really low and he will go after
everything he can find and gave South Metro Fire Department as an example. He added they
either make some investments in the City to make this a better place to live or they get their taxes
really low.

Clpn. Lewis stated she has been lukewarm on this project from the very beginning thinking that
the information that they were going to get back from the consultant was a little biased, and she
still feels that way. She said there were a lot of questions that she had that weren’t answered and
a lot of gaps in their information. She further said when Ehlers looked at this, it confirmed what
she believed because originally when it was presented to them, it was a project that was going to
                                                                                        June 20, 2011
                                                                                            Page 115
pay for itself; it was going to generate enough revenue to pay the bonds on it and would not
burden the taxpayers. Ehlers looked at the numbers a little more seriously and found it would

not pay for itself. She said even Clpn. Englin said it was not going to pay for itself. Clpn. Lewis
said they have not done a complete shift and they still don’t have all the answers. She quoted
from the last paragraph of their report of June 1st where it states “they have not looked or
“scrubbed the revenues”. She went on to say for the arena, Oppidan assumed 138% increase in
revenues from the existing, which she commented she did not know where the 138% would
come from when they have the same amount of people in the community and same amount of
ice. As for the sports dome, Oppidan shows nearly $800,000 in annual revenues from their
letters of intent, and Ehlers could only document $200,000.

Mayor Zanmiller reminded Clpn. Lewis that one of the things they were hoping to accomplish at
this work session by moving the resolution forward was further analysis of the numbers and to
fill in the blanks.

Clpn. Vitelli stated it was not factually correct to say there wouldn’t be more ice time because it
would be year round ice; when the current ice arena shuts down, it earns zero dollars.

Clpn. Wright stated his most significant disappointment was that they had a resolution to talk
about and it was pulled for sake of issues that he did not fully understand. He iterated that this
Council has a right to see whatever is proposed in a resolution whether they like it or not. His
frustration was that that resolution should have come in its form and should have been put in
front of them to discuss because that’s what democracy is and what debaters do. Clpn. Wright
indicated that they were sitting at this meeting when in fact they would not have to be there if
protocol would have been followed by everyone, and they could have had this debate on Monday
night.

Clpn. Wright commented that he was not 100% comfortable with the Goodman decision but
understands it. He said fundamentally if any resident asks him how he stands on anything, he
has an obligation to give them input that is why he was elected, and that is his responsibility. He
added that anyone sitting on the Council and is talking about their own personal perspective
shouldn’t be sitting there. If you are not hearing your constituents or taking into account what
the City is saying, then they are not doing their job. He indicated that he wants the opportunity
as an elected official to see things as they are laid out originally and is sorely disappointed that it
was pulled. Clpn. Wright said they can argue on a number of things but what he wants to do is
move this forward so he can see what the numbers are. He suggested moving on and getting the
resolution worded so that it is favorable to everyone with no influence and no prejudice. When
he starts feeling like he can form an opinion based on facts, he will start voicing his opinion.

Clpn. Iago stated he could not cast a vote one way or another without seeing a written resolution
in front of him so his preference was to see what they are voting on. He indicated he concurred
with Clpn. Wright when talking about unknown factors. He opined that the Goodman case really
has no part in this other than Council being informed and indicated this doesn’t really apply.

With regard to staff, Clpn. Iago indicated there are persons that have a depth of information that
Council has appointed them to go out and get. So whether it’s through the City Manager directly
or with staff or whatever it happens to be to have them go forward without the benefit of these
parties is a complete waste of time.

Clpn. Iago said he agreed with Clpn. Vitelli with regard to timelines and until staff has the
opportunity to get in with guidance and ferret through the numbers accurately and in detail, they
would be unable to make a decision. He further said he was not in a position to decide up or
down when he does not have a resolution in front of him that has been changed at least twice
during this meeting.

Clpn. Englin stated he was responsible for pulling the resolution and explained why:

Monday, June 6 - they met as EDA and received the report from Ehlers, an independent, outside
analysis, and reviewed the numbers. The EDA decided as a group with a vote of 5-2 to pass this
along to Council.
June 20, 2011
Page 116
Tuesday, June 7- Attorney Land sent a copy of a resolution and Clpn. Englin stated he had no
input in that language. He said he didn’t ask her to make any changes and didn’t influence her
politically. She based her information on that resolution from comments of the EDA of the 6th.

He opined that all of the council members thought it was going to be a formality vote since it
was the same group.

Thursday, June 9 – the Mayor, City Attorney and City Manager had a meeting and changed the
resolution. Clpn. Englin commented if they are going to base the decision on the Goodman case,
then anyone that supports the Vikings Stadium, the Light Rail or any other project outside the
City, cannot talk about it because that is the language that was put in the new resolution.

Clpn. Englin stated he looked at the agenda information and never gave it a second glance and
never looked at the language because why would he think that the language in the original
resolution was changed. He indicated that the three of them had five days to call attention to it.

Clpn. Englin said he received an unsolicited e-mail from a city administrator in another city and
was not quite sure, other than they dealt with Oppidan the same way as this City, what bearing
this had on this project. Almost as quickly as that first e-mail came in, he said he received a
second one from the same person clarifying his first e-mail. He told City Manager Remkus that
he had a conscience of responsibility, full disclosure, but yet he chose not to fully disclose that a
major change had taken place to the first resolution. Clpn. Englin indicated he sees this as
biased, and that is why he pulled the item off the agenda on Monday. He said until Clpn. Vitelli
asked him if he was comfortable with the last line of the resolution that was put in the packets
did he even know it changed. He opined that this was a ridiculous tag line to be put in there. In
looking at the two versions of the resolution, the original resolution said “it anticipates that City
staff, its consultants and attorneys will continue to work toward making the sports campus
project a financially viable project with a goal of opening by fall of 2012”. He said there is not a
date, just a goal which has to be put in a construction project. He noted that the other reason that
is in there is because this is the last year the high school will be playing on the ice at the arena
due to liability issues. Clpn. Englin went on to say because of all the confusion on this, the West
St. Paul Youth Association and the hockey program has an agreement in principle with the St.
Thomas Academy Ice Arena.

Clpn. Englin stated they needed to decide whether they want this amenity or not, and when asked
in February, he was fine either way. Now, he said the decision will be made for them because
the two major tenants just walked out the door. He indicated if they are not going to have it, then
they need to get out of it. He eluded to what Clpn. Vitelli said about the decision on this and
iterated that everything will be on the table. He said he won’t like it and won’t vote for it but if it
is the majority decision that they are getting out of the arena business, he is fine with it. The kids
will have someplace to play softball, baseball, LaCrosse and soccer. They didn’t ask for the
dome; they don’t need the dome but Council will be responsible, not him. He said he spent two
years trying to keep hockey in this town and he won’t take that burden. He noted that forty years
of hockey will walk out the door.

Clpn. Englin said he would not vote for anything that would not allow him to go out in the
business community, to the Sibley Booster Club, to the West St. Paul Youth Athletic Association
and help garner support for the project because it is not right.

Clpn. Englin related that the City Manager said to give him the numbers and if Council votes for
this, even if there is a gap, he would move forward on this. He said the e-mail he received on
Monday did not support this or show an unbiased opinion and iterated that the City Manager was
given the numbers by this group that voted 5-2 to move forward.

City Manager Remkus asked Clpn. Englin what he had done to give him the impression that he
was deterring this project. City Manager Remkus stated he had only sent the e-mail to Clpn.
Englin and the consultants. Clpn. Englin inquired why he sent the e-mail. City Manager
Remkus explained he was simply demonstrating why they had been doubtful of some of the
numbers they had been seeing on this project and here was a real world case that supported their
concern on the Oppidan numbers, and that was all he was trying to do.
                                                                                      June 20, 2011
                                                                                          Page 117
Clpn. Englin then asked City Manager Remkus why he did not disclose the fact that such a major
change had taken place to a resolution. City Manager Remkus said he was not a participant in
changing the language. He added that Clpn. Englin was insinuating that he endorsed this
language, and he did not, which was an unfair accusation.

Mayor Zanmiller clarified exactly what the conversation entailed at the meeting Thursday, June
16th. He said he could have notified Clpn. Englin of the change but it would not have been fair
to the other five. He said as a result of that meeting, he instructed the City Manager to put this
on the O.C.W.S. agenda for discussion.

Clpn. Englin said with the amount of work that he has put into this project, he believed he earned
the courtesy to be notified. He opined that with the two major tenants that have given the City
notice, and to him, he doesn’t see the need for this project any longer.

Clpn. Vitelli asked for clarification on the resolution process. Attorney Land said the typical
process was that direction would be given at a work session or Council meeting for staff to draft
a resolution for their consideration, especially ones that are more complicated or need to have
more detail in them. Staff would then present this to Council; if very detailed it might be
presented at a work session to fine tune it before it goes on a council agenda, but typically it is
drafted by staff.

Mayor Zanmiller asked City Manager Remkus to explain how the agenda is put together and
presented.

City Manager Remkus indicated that the agenda is discussed by staff at a Tuesday morning staff
meeting, working through any last minute details right up to the time it is sent to the Mayor for
perusal on Wednesday evening. All of the data has to be given to the City Clerk by Thursday
noon and then the agendas are prepared and everything is put on the website on Friday.

Mayor Zanmiller added that there were mechanisms to get the agenda amended. Items could be
put on the work session or Council agenda, and absent this process, was to simply ask the Mayor.
Mayor Zanmiller indicated as Mayor, he has the right to amend the agenda. The Council also
has the right if they have three votes to have an item placed on the Council agenda. Mayor
Zanmiller, with the exception of one recently, has never denied something to be placed on the
agenda.

Clpn. Vitelli asked the city attorney if this was factual.

Attorney Land stated this was current practice and this process has evolved over the years, and it
was not uncommon for the City Manager to sit down with the Mayor and discuss the agenda.
She stated she was not aware of any provision in the Charter that gives the Mayor absolute
control over the agenda.

Mayor Zanmiller said the goal was for a council person who wanted something put on the
agenda to get the information to him as quickly as possible so he could sit down with the City
Manager and decide on the amount of time needed for discussion.

Clpn. Wright proposed to see the resolution in its original form on the O.C.W. S. on Monday,
June 27, 2011; he would like to debate the resolution, talk about anything that needs to be put
into it, and then bring it to the Council table, vote on it and move on.

Clpn. Iago iterated that he agreed with Clpn. Wright.

Clpn. Englin stated that he has written a resolution which he will bring to the City Attorney.

Mayor Zanmiller stated he would give Clpn. Englin’s resolution an airing.

Clpn. Hansen asked if this issue could be killed today. Mayor Zanmiller responded they could
not take action on this at a work session.

Clpn. Iago asked why Clpn. Hansen would consider killing a project when he did not have all the
facts.
June 20, 2011
Page 118


Clpn. Hansen stated building sports complexes is not city business.

Meeting adjourned at 8:23 p.m.
TO:               Mayor & City Council                           CITY OF
                                                                 WEST ST. PAUL
THROUGH:          City Manager
FROM:             Sherrie Le                                     AGENDA ITEM:    5.G.
                  Assistant City Manager                         ATTACHMENTS: None
DATE:             July 11, 2011
SUBJECT:          Employee Insurance Broker

BACKGROUND INFORMATION: Staff recently completed an RFP process for employee
insurance broker/agent services for the following lines of coverage: health, dental, flex
plans, HRA and H.S.A. Administration, life and disability insurance.

We received and reviewed five proposals and interviewed representatives from four of the
five firms. The interview panel was made up of Labor-Management Committee
representatives including the two co-chairs, Detective Mike Eberlein and Assistant City
Manager/HR Director Sherrie Le, along with City Manager Remkus and Chief Shaver.

After a thorough review of services and costs, expertise and skills, we highly recommend
Financial Concepts, Inc. from Plymouth, MN for our health, dental, flex plans, HRA and
H.S.A. coverage and Integrity Employee Benefits from Hastings for our life and disability
coverage. Both firms can begin immediately, if approved.

Our previous broker for health, dental and related insurance benefits did not submit a bid
and we have complied with cancellation requirements. Our previous broker for life and
disability insurance was one of the brokers who submitted a proposal. We intend to cancel
our arrangement with them upon approval of the new agent.

FISCAL IMPACT:

Costs for brokerage service will be paid by the insurance providers as a percentage
commission on premium. After calculating the expected savings from using these brokers
against the increased costs associated with the commissions, it appears we will be paying
up to $1000 more (total) for the services provided by these brokers. If they are able to
reduce rates as much as they project for life and disability coverage, it may be lower than
that. We expect much improvement in the quality of services provided, which will more
than make up for the possible added cost.

STAFF RECOMMENDATION:

Staff requests Council approval to enter into agreements with Financial Concepts and
Integrity Employee Benefits to act as brokers for employee insurance.




                                                                                              1
                                                                         OF
                                                                    CITY O
                                                                    WEST ST. PAUL
                                                                                L
TO:                     yor     ty
                     May & Cit Counc   cil
THROUGH: :              y
                     City Manage er                           A        A.1.
                                                        AGENDA ITEM: 7.A
  OM:
FRO                     ance Dir
                     Fina       rector                       HMENTS:
                                                        ATTACH             none
  TE:
DAT                     y
                     July 11, 20111
  BJECT:
SUB                             10
                     Receive 201 Comp  prehensiv Annu Finan
                                              ive   ual      ncial Rep  port

  CKGROUN INFOR
BAC     ND    RMATION:

   audit of th City of West St. Paul’s 2010 finances was comp
An a         he        W        P         0                 pleted by t          firm, HLB
                                                                       the audit f
  utges Redp
Tau                   gy
             path. Pegg Moeller from Tatu uges Redpa is avai
                                                    ath                iscuss the results of
                                                            ilable to di        e          f
             d         r
the audit and take your questions.

  e        ll                M        ening.
The CAFR wil be presented on Monday eve

Nota        s
   able items include:

  vernmenta Funds
Gov       al

      Overall decrease in fund ba            $         on
                                    alance of $2.6 millio for the GGovernme           ds
                                                                            ental Fund due to
              ng         ear       p          or        blic
       spendin prior ye bond proceeds fo the Pub Works Facility. T                              s
                                                                             The decrease offsets
                         5.4
       an increase of $5 million in 2009. The expen                or       blic
                                                         nditures fo the Pub Works Facility
              ffset by the receipt of $2.4 mill
       were off          e                              nd         ds
                                              lion in bon proceed in Dece   ember 2010 for 2009 9
                          p         nd
       and 2010 street projects an refinan   ncing the 2           ial
                                                        2002 speci assessm  ment bond ds.
      The Gen            d
               neral Fund balance increased by approx
                                             d           ximately $$207,000 d         rious
                                                                             due to var
                         ngs       s         0
       expenditure savin versus the 2010 budget th                 t        s
                                                        hroughout the City’s departments.
       General Fund exp             s         d         s
                          penditures exceeded revenues in 2010, but were offset by t  the
               r
       transfer of funds from Ente  erprise Funds for inddirect costts.
                                   al
       Fund balance in the Specia Assessm               d
                                             ment Bond fund incr                       on
                                                                   reased by $1.1 millio due to
              ncing of pr
       re-finan                    d          o         ruary of 20
                         rior-year debt (paid off in Febr          011).
              blic      s          f
       The Pub Works Reserve fund balan increance                           ely
                                                        ased by approximate $300,000 due to
               d          g        es
       planned spending decrease and dela     ayed purc hasing of capital equuipment.

Proprietary Funds
            F

                      ances for proprietary funds (w
       Overall fund bala         p         y                  ude
                                                    which inclu Storm and Sanittary
       Sewer, Golf Course, Swimm           a
                                 ming Pool and Ice Ar         mained stab betwee 2009
                                                     rena), rem         ble    en
                       5
       and 2010 at $6.5 million.

          ACT:
FISCAL IMPA
  ne
Non

STA
  AFF RECO  OMMENDA   ATION:
                      rove subm
Receive report and appr                  G      ent    ce                  on
                              mission to Governme Financ Officers Associatio for
  ard
awa program.

   0AuditToCouncil
2010

				
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