HomeMy WebLinkAboutCCP 10242022
Mayor:Address:
Dan Roe2660 Civic Center Dr.
Roseville, MN 55113
Councilmembers:
Jason Etten
Phone:
City Council Agenda
Wayne Groff651-792-7000
Julie Strahan
Website:
Robert Willmus
6:00 p.m.
www.cityofroseville.com
Members of the public who wish speak
during public comment or an agenda
item during this meeting can
do so virtually by registering at:
www.cityofroseville.com/attendmeeting
1.
6:00 P.M.Roll Call
Voting & Seating Order: Willmus, Strahan, Etten, Groff, and Roe
2.
6:01 P.M.Pledge of Allegiance
3.
6:02 P.M.Approve Agenda
4.
6:03 P.M.Public Comment
5.
6:08 P.M.Recognitions and Donations
5.A.
Native American Heritage Month Proclamation
Documents:
PROCLAMATION.PDF
6.
6:13 P.M.Items Removed from Consent Agenda
7.
Business Items
7.A.
6:15 P.M.Receive update on under billing of water customers
Documents:
REQUEST FOR COUNCIL ACTION.PDF
7.B.
6:45 P.M.Discussion of Tetrahydrocannabinol (THC) Products
Regulations
Documents:
REQUEST FOR COUNCIL ACTION AND ATTACHMENTS.PDF
7.C.
7:30 P.M.Consider Adopting an Ordinance Prohibiting the Possession
of a Detached Catalytic Converter
Documents:
REQUEST FOR COUNCIL ACTION AND ATTACHMENT.PDF
7.D.
7:50 P.M.Consider an ordinance pertaining to tenant notification and
approve a summary publication
Documents:
REQUEST FOR COUNCIL ACTION AND ATTACHMENTS.PDF
8.
Council Direction on Councilmember Initiated Agenda Items
9.
8:05 P.M.Approval of City Council Minutes
10.
8:10 P.M.Approve Consent Agenda
10.A.
AP-Approval of Payments
Documents:
REQUEST FOR COUNCIL ACTION AND ATTACHMENT.PDF
10.B.
Approve Resolution Requesting SCORE Funding from Ramsey County
Documents:
REQUEST FOR COUNCIL ACTION AND ATTACHMENT.PDF
10.C.
Adopt a Resolution approving a Conditional Use to allow a Fast-Food
Restaurant with Drive-Through at 2020 Twin Lakes Parkway (PF22-009)
Documents:
REQUEST FOR COUNCIL ACTION AND ATTACHMENTS.PDF
10.D.
Approve Contract Amendment for Water Tower Maintenance Services for
Fairview Avenue Water Tower
Documents:
REQUEST FOR COUNCIL ACTION AND ATTTACHMENTS.PDF
11.
8:15 P.M.Future Agenda Review, Communications, Reports, and
Announcements- Council and City Manager
12.
8:20 P.M.Adjourn
National Native American Heritage Month
November 2022
Whereas: The City of Roseville is located on land obtained through a broken treaty that was
first home to the Dakota and Ojibwe people and where many continue to reside; and
Whereas: The City of Roseville recognizes that this treaty entitled non-Native people to
live and work on traditional Native lands: and
Whereas: Despite centuries long, and ongoing erasure of Indigenous people from
American history and unjust Federal policies of assimilation and termination that ripped
children from their families, Native American people have persevered; and
Whereas: The indigenous people of this land, upon which our country and City now
stand, have provided values and ideas that have become ingrained in American culture,
including respect for the natural environment and rich cultural history; and
Whereas: The City of Roseville is committed to promoting racial equity, equality,
and justice as fundamental aspects of a safe and welcoming community and to undo the
long-standing trauma and harm of unjust government policies of assimilation and
termination that have cost countless lives and displaced and broken up families; and
Whereas: The City of Roseville invites all members of the community to join the
federal government in celebrating and acknowledging 2022 National Native American
Heritage Month; and
Whereas: This observance offers increased opportunity to better understand Native
American heritage, past and present contributions to our communities, and to honor the many
Indigenous people who have sacrificed their lives and customs for the growth of our nation.
Now, Therefore Be It Resolved, that the City Council hereby proclaim the month of
November 2022 as Native American Heritage Month in the City of Roseville.
In Witness Whereof, I have hereunto set my hand and caused the Seal of the City of Roseville to
th
be affixed this 24 day of October 2022.
Mayor Daniel J. Roe
REQUEST FOR COUNCIL ACTION
Date: October 24. 2021
Item No.: 7.a
Department Approval City Manager Approval
Item Description: Receive update on under billing of water customers
1 B ACKGROUND
2 In 2020, a Utility Rate Study was conducted which recommended new tiered water rates. The City
3 Council approved implementing the new tiered water rates for 2021 at the December 7, 2020 council
4 meeting. Tiered water rates for 2022 were approved at the December 6, 2021 council meeting. The
5 following chart shows the tiered rates that were approved for both of these years.
6
20212022
Water Usage Rate CategoryRateRate
SF Residential: Up to 15,000 gals./qtr$ 3.18$ 3.34
SF Residential: 15,001 to 30,000 gals./qtr 3.98 4.18
SF Residential: Over 30,000 gals./qtr (winter rate) 4.98 5.23
SF Residential: Over 30,000 gals./qtr (summer rate) 4.98 5.23
Apartments: Up to 8,000 gals/unit/qtr 3.18 3.34
Apartments: 8,001- 15,000 gals/unit/qtr 3.98 4.18
Apartments: Over 15,000 gals./unit/qtr 4.98 5.23
Commercial: Up to 60,0000 gals./qtr 3.18 3.34
Commercial: 60,001 to 400,0000 gals./qtr 3.98 4.18
Commercial: Over 400,000 gals./qtr 4.98 5.23
Irrigation Water Usage 4.50 4.73
Rates are per 1,000 gallons
7
8
9 During the process of gathering data for an updated Utility Rate Study in 2022, staff discovered that the
10 tiered water rates were not entered correctly in 2021 into the water billing software for residential and
11 commercial accounts. Residential and commercial accounts were billed for their water consumption but
12 it was calculated at the lowest tiered water rate (Up to 15,000 gallons used per quarterfor residential).
13 Thus, less revenue was collected than expected. The tiered rates were corrected for the utility bills that
14 were issued at the end of September 2022.
15
16 Staff have been working on identifying the magnitude of the amounts that would have been collected had
17 the tiered rates worked correctly. For residential accounts the total impact from January 2021 through
18 August 2022 is $279,985. The following chart shows the number of active accounts that were impacted
19 and breaks the amounts under billed into various dollar ranges. The chart also shows how much is related
20 to 2021 calendar year usage and 2022 calendar year usage, until the system was fixed.
21
Page 1 of 3
Active Residential Utility Accounts
Analysis of Under Billed amounts
January 2021 - August 2022
# of AcctsAmount
involvedUnderbilled
No impact4071$ -
Up to $1004388$ 1 00,027
$100-$500800$ 1 58,227
Over $50028$ 2 0,731
9287$ 2 78,985
2021 only$ 1 84,576
2022 only$ 9 4,409
22
23
24 This analysis only looks at the active accounts, so if a residential property was sold, the usage from the
25 previous owner has not been calculated as the new owner does not have responsibility for the prior
26 consumption. If the Council wants staff to pursue amounts under billed on closed accounts, we will
27 have to do additional analysis and determine what amounts and how to contact former owners.
28
29 For Commercial accounts, Ehlers staff have assisted in the calculations of the under billed water
30 consumption. For the top 10 commercial accounts, the amount that was under billed for 2021 was
31 $164,753 and for 2022 was $107,481, for a total of $272,234 for these 10 accounts.
32
th
33 This topic did come up at the Finance Commission meeting of October 11 and the commission
34 recommended going back 12 months to collect the amount under billed for both residential and
35 commercial accounts. The draft notes of that meeting will be provided to the Council.
36
37 Staff have discussed how to handle this situation and have identified various options that could be
38 considered – here are some of the possibilities:
39 Collect all active accounts under billed from January 2021 through August 2022 – offer the
40 option of spreading the amount over 4 quarters
41 Collect only commercial accounts
42 Collect only for 2022 under billed for both residential and commercial accounts
43 Go back 12 months from August of 2022 (the finance commission recommendation)
44 Do nothing with regard to collecting the under billed amounts
45 P OLICY O BJECTIVE
46 To provide a recommendation on how the city will handle the under billing of water for residential and
47 commercial accounts for the period of January 2021 through August 2022.
48
49 F INANCIAL I MPACTS
50 As noted above.
51 S TAFF R ECOMMENDATION
52 Staff has laid out several options above and is looking for a recommendation from the City Council
53 regarding the recovery of under billed water consumption for residential and commercial accounts for the
54 period of January 2021 through August 2022.
55 R EQUESTED C OUNCIL A CTION
56 Discuss the options for handling the under billed water consumption from January 2021 through August
Page 2 of 3
57 2022 and provide a recommendation to staff.
58
Prepared by: Michelle Pietrick, Finance Director
Page 3 of 3
REQUEST FOR COUNCIL ACTION
Date: October 24, 2022
Item No.:7.b
Department Approval City Manager Approval
Item Description: Discussion of Tetrahydrocannabinol (THC) Products Regulations
1 B ACKGROUND
2 A new law (Minnestoa Statutes 151.72) was enacted at the end of the 2022 Minnesota legislative
3 session that allows certain edible and beverage products infused with tetrahydrocannabinol (THC) to
4 be sold. The new law expands the authoity to include nonintoxicating cannabinoids, including edible
5 cannabinoid products, provided they do not contain more than 0.3% of any THC. Local governments
6 are delegated authority from the state to protect the public health, safety and general welfare of their
7 residents.
8
9 In addition, the new law limits the saleof CBD and THC products to persons over the age of 21. The
10 sale of CBD and THC products to a person under the age of 21 is a misdemeanor-level crime which
11 is to be prosecuted by the county attorney where the offense took place.
12
13 The City Council adopted a one year moratorium on August 8, 2022. Staff has been researching
14 other cities’ regulations, (Attachment C) and are requesting direction from Council on the following:
15
16 Should there be parameters for where a license may be issued (Age-restricted tobaccostores,
17 grocery store, gas station, stand alone CBD/THC store..)?
18 Should there be a limit on the total number of licenses issued?
19 Should administrative fines be equal to tobacco and liquor violations?
20
21 B UDGET I MPLICATIONS
22 There would be revenue from annual license fees.
23
24 S TAFF R ECOMMENDATION
25 Discuss regulationsto include in a THC Product Sales Ordinance.
26 R EQUESTED C OUNCIL A CTION
27 Direct staff to prepare an ordinance based on the recommendations from this discussion, and to bring
28 the ordinance for review at a future meeting.
Prepared by: Katie Bruno., Deputy City Clerk
Attachments: A. Minutes from August 8, 2022 City Council Meeting
B. Minnesota Statute, 151.72
C. Comparison to other cities
D. Letter from C. Moss, Hellmuth & Johnson
Page 1 of 1
Regular City Council Meeting
Monday, August 8, 2022
Page 4
Nays: None
c.Public Hearing to Consider Adopting a Temporary Moratorium on the Sale,
Manufacturing and Distribution of Tetrahydrocannabinol (THC) Products.
City Manager Patrick Trudgeon highlighted this item as detailed in the Request for
Council Action and related attachments dated August 8, 2022.
Mayor Roe indicated, as noted, the legal limit in State Law for an interim ordinance
or moratorium for land use, which is what this would be, is up to a year. That is
the longest it could be. He explained the City does have the option to preset or
predetermine a shorter period of time and he believed there is some precedent in
the City when an interim ordinance was done a few years ago for six months instead
of a full year. So, there is that option and it can be made a part of whatever the
Council might decide to adopt, if something is adopted this evening. He asked
about the mechanism by which an interim ordinance, once there is a determination
of the plan to go forward and the Council has figured out what they want to do, by
which to end the interim ordinance. He also asked if it is automatically done if the
Council makes a change, adopts something, or would the Council have to then pass
a subsequent ordinance to end the moratorium.
City Attorney Gaughan explained it would be most appropriate, simply by way of
a resolution, to declare expiration or termination of the interim ordinance. In more
practical terms, the Council would most likely want, in conjunction with that action,
to have whatever framework the Council wants to be in place and ready to be ap-
proved so there would be a seamless transition. That would be the mechanism.
Councilmember Strahan asked in regard to manufacture and distribution, would
that be something the Council would proceed adding back in as part of their per-
manent decisions or is that outside of the CouncilÓs capacity.
Mr. Trudgeon explained it certainly would, somewhat, be outside of the CouncilÓs
capacity. He thought that the manufacturing would be a zoning matter. The distri-
bution is very hard to govern since the internet allows anybody to purchase anything
from anywhere in the world and ship to anywhere in the world. It is really a private
transaction and he did not see how the City could get in the middle of that transac-
tion when it is legal under Federal law. For both of those reasons and upon further
reflection, it was probably appropriate to take out and focus on what the City is
concerned about, which is the sale and making sure the City has proper regulations
in place to govern. That is why the bench handout version of the interim ordinance
is limited to the sale.
Mayor Roe asked if the City did not put an interim ordinance in place, would it be
basically unregulated by the City, which means individuals can sell product in the
City of Roseville as a business operation without any involvement from the City
because it is legal according to the State and Federal standards.
Regular City Council Meeting
Monday, August 8, 2022
Page 5
Mr. Trudgeon indicated that is correct. He noted one of the CityÓs interests is to
make sure that access is limited to persons twenty-one or older and right now the
City does not have any mechanism in place to verify that. This is another reason
why the City needs to have some type of regulation on the books so the City can
enforce, educate, and make sure all retailers are following the law as it was directed.
Mayor Roe asked how that gets accomplished with the tobacco and alcohol licens-
ing.
Mr. Trudgeon indicated staff does compliance checks twice a year.
Councilmember Strahan indicated for clarification, the only establishment that
could not sell these products under the new State law is liquor stores so one of the
few twenty-one plus entities and anyone else could sell THC products otherwise.
Mr. Trudgeon indicated that was correct.
Mayor Roe reviewed public hearing protocol and opened the public hearing at ap-
proximately 6:42 p.m.
Public Comment
Mr. Cap OÓRourke
Mr. OÓRourke indicated he was at the meeting representing many of the small busi-
nesses throughout the State that are currently selling the products. He explained
the Council should have received a document in email from Sensible Change Min-
nesota. He showed a chart in the document. He explained prior to July 1, 2022
there were essentially three types of products on the market. There were products
that had CBD, THC Delta Nine, and products that had THC with other isomers as
well as other food and beverages on the market. CBD was fully Federally legal and
fully State legal and could be purchased almost anywhere. THC Delta Nine was
Federally legal if it had less than .3 percent of THC and per a court ruling, it was
supposed to be State legal but there was an interpretation by a court that some prod-
ucts would be a felony charge. There was also the other THC products that are
fully Federally legal and there was no State law prohibiting them. Last fall, the
Minnesota Board of Pharmacy said that they felt some of these products were in-
toxicating and, therefore, should not be sold. There is not a specific Statute and the
Board of Pharmacy never took action on any retailer selling them. The new law
passed that basically treated all THC the same and it has to have less than .3 percent
of any product. Edibles and food and beverage have to have less than 5 mg and
less than 50 mg. All of these products have been sold in the City of Roseville for
over two years. He explained this new law actually restricted what was available.
There were products that had higher levels of Delta Eight and Delta Ten. Delta
Regular City Council Meeting
Monday, August 8, 2022
Page 6
Eight and Delta Ten do not have the same strength as Delta Nine and this law ac-
tually will restrict what is available to consumers. He thought passing a moratorium
was dangerous, only in that the City is going to stop sales of existing products that
are being sold in the community, noting the likelihood of those consumers is not
that they will stop using these products. Rather, the consumer will go outside of
Roseville or onto the internet and purchase them. He agreed this is a new concept
and asked the Council to take their time. He thought licensing is the way to go and
keeping it only in businesses over 21 is the way to go but a moratorium could have
unintended consequences, especially on local businesses.
Mr. Steven Brown, Owner of Nothing But Hemp and Board Member of the
Minnesota Cannabis Association and Advisory Board Member of Noxious
Weed Advisory Board in Minnesota
Mr. Brown explained he was interested in opening a shop in Roseville. His busi-
ness has ten locations and he is a multi-state operator and also a distribution and
manufacturing company as well. His background has been in cannabis for the last
ten years in a legal market. He stated this new law has helped retailers and manu-
facturers understand what they can and cannot do. Prior to this law, there was a
hundred milligram Delta Nine THC, Delta Eight THC, being sold in stores and was
highly dangerous in the way of having such high milligrams out there. What this
law has done is actually brought back the amount of milligrams that are allowed to
be sold. He asked the Council to allow the sale of these products. He did not
understand why the City would want to hinder local businesses from being able to
have a brick and mortar in the City and selling these products. He asked the Council
to consider licensing over a moratorium.
Ms. Carol Moss, Attorney from Helmuth and Johnson, Edina
Ms. Moss wanted to highlight for the Council that the goals of protecting the public
and educating City staff and the public regarding these products would not be
served with this moratorium. This industry is in full support of reasonable regula-
tions for these products but the moratorium does not serve the CityÓs interest. Ms.
Moss noted, as Mr. OÓRourke had stated, these products have been sold, will con-
tinue to be sold, and if there were a moratorium that would most likely result in
these products to be sold without any of the regulations that were inputted by the
State of Minnesota. She indicated she has already started drafting regulations re-
garding the licensing of these products and talked a little about the licensing of
tobacco. She has already provided a copy of a draft to the City Manager, noting
they are being considered throughout the State. She did not think it would take the
City a considerable amount of time to draft and pass its own ordinance, if that is
the route the City wants to go. Because it would not be a long amount of time, the
safety and education of the public would not be served by a moratorium. Ms. Moss
noted the City of Golden Valley, for example, is drafting ordinances but has de-
clined to pass the moratorium because the goals are not served. She asked the City
to decline passing a moratorium in its consideration of its regulations.
Regular City Council Meeting
Monday, August 8, 2022
Page 7
Mr. SchaOn Blodgett, Roseville
Mr. Blodgett indicated he would discourage a moratorium in the City of Roseville
because these products have already been available in the local market. The only
thing a moratorium would serve is to hurt a lot of the local, small businesses that
are carrying these products and many of which were already closed down for sev-
eral months in the last three years. He felt the City would hurt small businesses and
not accomplish anything with stopping the sale in this area. He indicated he has
many clients that find these products help with pain, anxiety, and stuff like that.
Mr. Siafa Barclay, Roseville
Mr. Barclay explained as a resident of Roseville and from the medical perspective
as well, he thought passing a moratorium would hurt the City. He thought regula-
tion might be the way to go and the most convenient thing for the residents of Ro-
seville.
With no one else appearing to speak, Mayor Roe closed the public hearing at ap-
proximately 6:55 p.m.
Council Discussion
Mayor Roe asked to the extent that sales can occur via the internet for the residents
of Roseville or anywhere else in Minnesota, are those sales subject to the State
regulations or are those only subject to the Federal regulations.
Mr. Brown indicated based on his lawyers, it is his understanding that they have to
be based on State regulations. For edibles it would be 50 mg per package, 5 mg per
serving. If it is in a drink, it would typically be 5 mg per can unless it is scored and
then it can be up to 50 mg. Inside of tincture, it is completely different where there
is not a cap on the amount, it just has to be under .3 percent because it is not con-
sidered an edible.
Mr. OÓRourke explained if, for example, an internet company was based in Minne-
sota and selling to residents of Minnesota, they would be subject to the Board of
Pharmacy, who has jurisdiction. The Minnesota Board of Pharmacy has no juris-
diction outside of the State of Minnesota. He noted possession of these products is
fully legal for any resident. If the entity online is outside of the State of Minnesota,
maybe, in theory, they need to comply but there is no enforcement mechanism that
would apply to them.
Councilmember Strahan thought the information presented makes it really clear
that the City needs to take the time to study it. There are just so many ifs, ands, or
buts that the City does not know. She noted the City has four age-restricted tobacco
business locations that, should they change ownership, will be sunset so at some
point all will go away. If this is added to those regulations, that would not be ad-
vantageous to the small business wanting to locate in Roseville. To her, that is
Regular City Council Meeting
Monday, August 8, 2022
Page 8
where they are going with that and it proves the City needs a lot more time to study
and figure out what the City wants to do. She thought there was a lot of unknowns
and being more clear and upfront is going to be better than trying to do something
quickly.
Mayor Roe thought the question becomes, in essence, does the Council consider
what it might want to do to regulate the sale, with a moratorium in place or without
a moratorium in place. If there is not a moratorium in place on the sale in the City,
by entities in the City, then sales of these products by Roseville entities proceeds
under State and Federal law, as has been outlined. Whereas, if the Council wants
to consider it without any sale by Roseville entities happening during that time,
then that is where the Council would want to put a moratorium in place. He noted
there were a couple comments in relation to the distribution, that has already been
discussed, and the proposed language in the bench handout ordinance takes out the
references to distribution and manufacturing because of the fact that the City does
not really get involved in those regulations anyway.
Councilmember Willmus stated from his perspective, it makes sense to put a mor-
atorium in place while this is looked at and the City develops a regulatory frame-
work. He knew this was the path being followed by other communities as well and
he does not know the length of time or that it necessarily has to run a year.
Councilmember Groff supported the moratorium because he did not have enough
information. He noted this is a complicated thing and the Council needs to make a
decision that is best for Roseville. His main concern is always young people getting
a hold of this and how does the City manage that as best it can. He understands
that some people use this medically and he had an email to that effect so it is a
balancing act. He did not think the City needed to go a year, noting that waiting
for the Legislature to make more decisions could go on three or four years. He
would rather see the City do something like six months and thought that is enough
time to find out what other communities are doing, give staff time to research it,
and give the Council better information.
Mayor Roe asked if Councilmember Groff wanted to limit the moratorium to six
months or to be as expeditious as possible within the overall 365 days.
Councilmember Groff indicated he would like to limit the moratorium to six
months because he found that things get done when a deadline is imposed and if it
does not work that way, the City can extend it.
Strahan moved, Willmus seconded, enactment of Ordinance No. 1616 entitled, ÐAn
Ordinance Imposing a Temporary Moratorium on the Sale, Manufacturing, and
Distribution of Edibles and Beverages Infused with Tetrahydrocannabinol (THC)Ñ
with the exemption of Manufacturing and Distribution for up to 365 days.
Regular City Council Meeting
Monday, August 8, 2022
Page 9
Council Discussion
Councilmember Willmus explained he certainly would take Councilmember
GroffÓs comments to heart with respect to sooner being better than later and to work
on this in a fashion that is perhaps a little more expeditious versus waiting for Leg-
islature.
Mayor Roe indicated he certainly understands both perspectives of this. He thought
in reality, under the interim ordinance, there is every potential that individuals in
the City who wish to seek out these products will be able to do so over the internet
and in other ways, subject to whatever outside laws are in effect. He noted what
the City is trying to figure out is a scheme to set up the regulatory environment for
the sale of the products from brick-and-mortar stores in Roseville. He completely
understood the notion of Golden ValleyÓs approach, which is to proceed with de-
veloping that scheme without a moratorium in place. He also understood the Coun-
cilÓs perspective that having the moratorium in place provides some level of com-
fort for the Council in terms of perhaps not having things get ahead of them. He
indicated he was supportive of the motion with echoing the comments about not
necessarily waiting for the Legislature.
Roll Call
Ayes: Groff, Strahan, Willmus, and Roe.
Nays: None.
d. Declare Mid-Term Vacancies for Various Commissions.
Assistant City Manager Rebecca Olson briefly highlighted this item as detailed in
the Request for Council Action and related attachments dated August 8, 2022.
Councilmember Willmus explained he would like the Council to have the inter-
views on the City Hall campus. He explained there are cameras and recording
equipment onsite and he would like to do this on an evening other than a Council
meeting night. He thought the audio at Cederholm was horrendous.
Councilmember Strahan disagreed and indicated everyone was masked at that time,
which did impact sound quality. She appreciated the more relaxed format and the
Council having the opportunity to get to know the applicants better when people
were more relaxed. She noted the Council had some really nice conversations with
people. She thought the cameras were out of sight and people did not feel like they
were in the spotlight. She felt it was helpful and appreciated the welcome space
that Ms. Olson and other provided in the entry.
Willmus moved, Groff seconded, to declare the vacancy on the Planning Commis-
sion for a term ending 3/31/2024 and the vacancy on the PWETC for a term ending
3/31/2024.
ith
w
obaccoobacco
Attachment C
TT
obacco
iquor
TL
cco/alcohol
Toba suspension or revocation of the license
Are violation fines in line Similar to Tobacco Same as Same as Similar to Similar to Same as TobaccoSimilar to Tobacco Same as TobaccoSame as TobaccoRevocation on second violation
No monetary fines established, just
(same as Background
reading
ackground
nd
Annual license fee $450 + $100 B$250tobacco)$10,200 +$500 Background$830 may increase at 2$150$1,000$500 +$300$500$100$10,700 +$500 background$300
Limit number licenses NoNoNoNoNoNoNoNoNoNoNo
Hours of sale are similar to
Parameters for where a license may be issued Zoning regulations are modeled after tobacco shopsNo home business, no mobile business …No home business, no mobile business …Stationary
Commercial BuildingsSame as TobaccoSame as TobaccoNoCannot be sold out of a residence. Only to business license holders Permanent Building with mailing address. liquor. Physical
store, permanent structure
st
08/31/2022
Reading scheduled for
nd
Council Action Adopted 08/16/2022Adopted 09/19/2022Adopted Council Considered 1reading on 10/17/2022. 211/07/2022Adopted 10/11/2022 Adopted 09/26/2022Adopted 09/12/2022Council will
Consider 10/20/2022 Adopted 10/04/2022Adopted 08/16/2022
City Golden Valley Shoreview Woodbury St Louis Park Albert LeaAustin East BethelSt CloudLexingtonCoon Rapids Eden Prairie
W RITER’S D IRECT D IAL N O.: (952) 746-2187
E-M AIL:CMOSS @H JLAWFIRM.C OM
October 19, 2022
Patrick Trudgeon VIA EMAIL ONLY
City Manager, City of Roseville
2660 Civic Center Dr.
Roseville, MN 55113
pat.trudgeon@cityofroseville.com
Re: Our Client: Blue Ox Wholesale
Our File No.: 32473.0002
Dear Mr. Trudgeon:
I write in advance of the Roseville City Council’s October 24, 2022, meeting. Thank you for the
opportunity to provide some insight as Roseville continues its process for crafting a licensing ordinance
for the sale of products containing tetrahydrocannabinol (“THC”). I represent several businesses,
including retail stores, in Minnesota’s hemp industry.
As Roseville contemplates issues while it drafts its THC licensing ordinance, we ask three points be
considered: 1) the licensing ordinance is passed as soon as practicable; 2) businesses previously selling
these products be considered first if the number of licenses is restricted; and 3) licensing is required for
retail selling products containing more than a trace amount of THC.
First, we appreciate the difficulties Roseville, like other cities, encountered whiletrying to craft a licensing
ordinance in these circumstances. Unfortunately, Roseville’s current moratorium is causing uncertainty
and a loss of business to nearby cities.Products made legal with the revised hemp law are extremely
popular. A poll released yesterday reflected 60% approve of the recent legalization in THC edibles and
beverages. As a result, a significant amount of income is being lost to Roseville businesses. To assist in
the process, I have attached Golden Valley and Shoreview’s licensing ordinances to provide differing
approaches. Edina used its tobacco license ordinance as a template for its ordinance.
Second, we ask the City Council to provide preference to established Roseville businesses that were
previously selling these products - especially if Roseville limits the number of THC licenses issued.
Businesses previously selling these products have made investments in products and employee training.
Third, we ask the licensing for products be limited to edible or beverages that contain more than a trace
amount of THC. Some cities have required licenses for the sale of any cannabinoids, even non-
Patrick Trudgeon
October 19, 2022
Page 2
psychoactive products like CBD facial products found in many health and beauty stores. This becomes
problematic when cities limit the number of licenses and stores need to compete for limited licenses.
We also caution against licensing edible products with any THC. Many non-intoxicating cannabinoids,
such as full spectrum CBD products, have a trace amount of THC. Requiring a license for products with
any THC is problematic, especially when there are a limited number of licenses. As we ask for Roseville
to follow Maple Plain’s lead in how describing licensed products:
(emphasis added.)
Again, I appreciate the task before Roseville in drafting a licensing ordinance, especially for products
commonly misunderstood or unknown. I will be present at the October 24, 2022 meeting and look forward
to the opportunity of answering any questions you may have about the matter.
Very truly yours,
HELLMUTH & JOHNSON
Carol R. M. Moss
Attorney at Law
CRM/crm
Enc.
REQUEST FOR COUNCIL ACTION
Date: October 24, 2022
Item No.: 7.c
Department Approval City Manager Approval
Item Description: Consider Adopting an Ordinance Prohibiting the Possession of a Detached Catalytic
Converter
1 B ACKGROUND
2 At the October 10, 2022 City Council meeting, the City Council agreed to consider an ordinance brought
3 forward by Councilmember Strahan regarding the possession of a detached catalytic converter unless it
4 is from the person’s own vehicle. On September 12, 2022,the City of Bloomington passed an ordinance
5 that prohibits the possession a detached catalytic converter unless it is from the person’s own vehicle.
6 The City Council indicated that they would like to consider the same type of ordinance for Roseville.
7
8 Staff has drafted an ordinance based off of Bloomington’s ordinance (Attachment A) has posted it on the
9 City’s website for 10 as required under state law. It should be noted that several other cities have passed
10 similar ordinances recently; West St. Paul, Lino Lakes, and Shakopee. These ordinances are included as
11 Attachment B.
12
13 P OLICY O BJECTIVE
14 There is one community aspiration applicable to the consideration of this ordinance: The City aspires to
15 be a “Safe and Law Abiding” community.
16 F INANCIAL I MPACTS
17 There are no financial impacts as part of the adoption and implantation of this ordinance.
18 S TAFF R ECOMMENDATION
19 Consider the adoption of the proposed ordinance.
20 R EQUESTED C OUNCIL A CTION
21 A motion to approve an ordinance prohibiting the possession of a detached catalytic converter unless it
22 is from the person’s own vehicle.
23
Prepared by: Patrick Trudgeon, City Manager (651) 792-7021
24 Attachments: A: Draft Ordinance
25 B: Detached Catalytic Converter Possession ordinances from West St. Paul, Lino Lakes, and Shakopee.
Page 1 of 1
Attachment A
1
2
3
4
5 CITY OF ROSEVILLE
6 ORDINANCE NO. ____
7
8 AN ORDINANCE AMENDING CHAPTER 502, GENERAL OFFENSES
9
10 THE CITY OF ROSEVILLE ORDAINS:
11
12 SECTION 1. City Code Title 5 is amended to add Chapter 502.02 (D) regarding possession of detached
13 catalytic converters, and shall read as follows
14
15 Sec. 502.02 (D)Possession of Detached Catalytic Converter: It shall be unlawful for any person to
16 possess or resell a catalytic converter that is not attached to a motor vehicle unless:
17 1.The person can provide proof or verification the catalytic converter lawfully passed
18 from the owner of the vehicle from which the converter was removed to the person
19 possessing the catalytic converter; or
20 2.The person can provide proof or verification of legal receipt of the catalytic converter;
21 or
22 3.The person can provide proof of compliance with the recording requirements of
23 Minnesota Statutes, section 325E.21
24
25 Section 2. This ordinance shall take effect form and after its passage and publication as required
26 by law.
27
28 assed by the City Council of the City of Roseville this ___ day of ______ 2022.
P
29
Attachment A
30
31 CITY OF ROSEVILLE
32
33
34 BY: ____________________________
35 Daniel J. Roe, Mayor
36
37 ATTEST:
38
39
40 __________________________________
41 Patrick Trudgeon, City Manager
42
43
44
Attachment B
Attachment B
CITY OF WEST ST. PAUL
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 22-
AN ORDINANCE REGULATING THE POSSESSION, SALE AND PURCHASEOF
CATALYTIC CONVERTERS WITHIN THE CITY OF WEST ST. PAUL
The City Council of West St. Paul does ordain:
SECTION 1. ENACTMENT.West St. Paul City Code Chapter 133, Miscellaneous Provisions,
ishereby amended to include a new Section 133.09,Possession and Sale of Catalytic Converters,
which shall be enacted as follows:
SECTION 133.09
POSSESSION AND SALE OF CATALYTIC CONVERTERS
(A)Sale or Purchase of Catalytic Converters. No person or business may purchase or sell a
used catalytic converter that is not attached to a vehicle unless the purchase or sale of the catalytic
converter meets the followingrequirements:
(1)a complete and accurate account or description, including the weight if customarily
purchased by weight, of the scrap metal purchased or acquired;
(2)the date, time, and place of the receipt of the scrap metal purchased or acquired and a
unique transaction identifier;
(3)a photocopy or electronic scan of the sellers proof of identification including the
identification number;
(4)the amount paid and the number of the check or electronic transfer used to purchase
the scrap metal;
(5)the license plate number and description of the vehicle used by the person when
delivering the scrap metal, including the vehicle make and model, and any identifying
marks on the vehicle, such as a business name, decals, or markings, if applicable;
(6)a statement signed by the seller, under penalty of perjury attesting that the scrap metal
is not stolen and is free of any liens or encumbrances and the seller has the right to sell
it;
(7)a copy of the receipt, which must include at least the following information: the name
and address of the dealer, the date and time the scrap metal was received by the dealer,
an accurate description of the scrap metal, and the amount paid for the scrap metal;
1
Attachment B
(8)in order to purchase a detached catalytic converter, any numbers, bar codes, stickers,
or other unique markings that result from the pilot project created under subdivision
2b;
(9)the name of the person who removed the catalytic converter; and
(10)any other requirements for proof of receipt in Minnesota Statutes Section 325E.21,
or as it may be amended.
(B)Possession of Catalytic Converters.No person shall be in possession of a catalytic
converter that is not attached to a motor vehicle unless the individual can provide verification of
legal receipt of the catalytic converter consistent with the requirements in City CodeSection
133.09(A).
SECTION 2. SUMMARY PUBLICATION.Pursuant to Minnesota Statutes Section 412.191, in
the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance
is available without cost at the office of the City Clerk, the following summary is approved by the
City Council and shall be published in lieu of publishing the entire ordinance:
An ordinance prohibiting the possession, sale or purchaseof a catalytic converter without
proof of legal receipt or compliance with the purchase and acquisition record requirements
under Minnesota statute.
SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after
its passage and publication according to law.
Passed and adopted by the City Council of the City of West St. Paul this ____ day of _________,
2022.
Attest:
____________________________________________________________
David J. Napier, MayorNicole Tillander, City Clerk
2
Attachment B
Attachment B
REQUEST FOR COUNCIL ACTION
Date: October 24, 2022
Item No.:7.d
Department ApprovalCity Manager Approval
Item Description:Consideranordinancepertaining to tenant notificationand approve a
summary publication
1 B ACKGROUND
2 The legislative history and/or important events for the proposed Tenant Notification ordinance is as
3 follows:
4 September 20, 2021: The REDA held a meeting and discussed information related to Just
5 Cause, Inclusionary Housing, and Tenant Notification ordinances. Staff was provided
6 direction to pursue a Tenant Notification ordinance in 2022.
7 May 16, 2022: The REDAheld a meeting and received information regarding a process that
8 was to be followed in order to engage with the public in advance of formal ordinance
9 consideration. The process was defined based on completion of the City’s Racial Equity
10 Toolkit. This discussion also noted that future ordinance considerationwould occur at the City
11 Council. Since that meeting, City staff drafted and executed anengagement plan.
12 Mid-August thru September, 2022: Various engagement efforts were held to inform renters,
13 applicable property owners and managers of multi-family housing, and housing advocates of
14 the proposed tenant notification ordinance. These efforts resulted in informing every rental
15 unit of the proposed ordinance and 104 meaningful engagement interactions to gain feedback.
16 October 17, 2022: The City Council discussed the results of the engagement that occurred
17 relative to the proposed ordinance, directed staff to make revisions to the ordinance,then to
18 bring the ordinanceforward for adoption at the October 24, 2022 City Council meeting.
th
19 Since the October 17meeting, staff has revised the ordinance based on the following direction from
20 Council:
21 Amended the title of the ordinance to state it applies to licensed multi-family buildings
22 containing 5 or moreunits, and
23 Amended the purpose statement of the ordinance to state it applies to licensed multi-family
24 buildings containing 5 or more units, and
25 Retained the Notice to the City of Proposed Sale requirement for affordable housing buildings
26 based on the Council’s agreement to request rent amountsas a component of license
27 application, recognizing most apartment buildings in the City will meet an affordability
28 threshold of80% AMIas dictated by HUD.
Page 1of 2
29 Given no other revisions were requested, other than those bulleted above, the ordinance provided as
30 Attachment A is ready for adoption. Given the length of the ordinance, staff is recommending a
th
31 summary publication. The summary ordinance is attached and requires 4/5approval.
32 P OLICY O BJECTIVE
33 If adopted, the proposed objective is to provide housing stability, protection, and notification to tenants
34 of rental housing during an ownership transition.
35 B UDGET I MPLICATIONS
36 Implementation of the ordinance consists solely of staff time.Publishing a summary in lieu of the full
37 text of the ordinance will save in publishing costs.
38 S TAFF R ECOMMENDATION
39 Adopt the ordinances provided in Attachments A and B.
40 R EQUESTED C OUNCIL A CTION
41 By motion, adopt the ordinances provided in Attachments A and B.
Prepared by: Janice Gundlach, Community Development Director
Attachments: A: Tenant Notification Ordinance
B: Summary Ordinance
Page 2 of 2
ATTACHMENT A
1 ORDINANCE NO.___
2
3 AN ORDINANCE CREATING A NEW CHAPTER 910
4 TO THE ROSEVILLE CITY CODE,
5 TENANT NOTIFICATION AND NOTICE OF POTENTIAL SALE
6 WITH RESPECT TO LICENSED RENTAL PROPERTIES
7 CONTAINING 5 OR MORE UNITS
8
9 The City Council of the City of Roseville does ordain:
10
11 Section One. Tenant Notification and Notice of Potential Sale. A new Chapter 910 is inserted into
12 City Code that outlines the following requirements for licensed rental properties.
13
14 TENANT NOTIFICATION AND NOTICE OF POTENTIAL SALE WITH RESPECT TO
15 LICENSED RENTAL PROPERTIES
16
17 SECTION:
18 910.01: Purpose
19 910.02: Definitions
20 910.03: Notice to the City of Proposed Sale
21 910.04: Post Sale Notice
22 910.05: Relocation Assistance
23 910.06: Tenant Complaints
24 910.07: Penalty
25 910.01: Purpose
26 The purpose of this Chapter is to provide housing stability, protection, and notification to tenants in rental
27 housing during an ownership transition. This Chapterrequires notice to both tenants and the City
28 whenever title to licensed rental property containing fiveor more rental housing units is conveyed or
29 otherwise transferred. Under this Chapter, an owner of a housing building is required to pay resident
30 relocation benefits if the owner takes certain actions during a required three-month tenant notification
31 period, and the resident of the building needs to move as a result of the owner’s action(s). In addition,
32 this Chapter requires that when rental properties affordable to lower income households become available
33 for sale, the City must receive notice of the potential sale so that it can make such information available
34 to parties interested in purchasing the property with a goal of keeping rents affordable for lower income
35 households.
36 910.02: Definitions
37 The following definitions in this Section apply in Chapter 910. Defined terms remain defined terms,
38 whether or not capitalized.
39
40 A. Affordable Housing Building: A multiple-family rental housing building having five or more dwelling
41 units where at least 20 percent of the units rent for an amount that is affordable. Affordable shall mean
42 no more than 30 percent of income to households at or below 80 percent of area median income, as most
\[Type here\]
Underline reflects new language
ATTACHMENT A
43 recently determined by the United States Department of Housing and Urban Development for Low Income
44 Housing Tax Credit (LIHTC) purposes, as adjusted for household size and number of bedrooms.
45
46 B. Available for Sale: The earliest implementation of any of the following actions: negotiating to enter
47 into a purchase agreement that includes an affordable housing building, including like-kind property
48 swaps such as a 1031 exchange, advertising the sale of an affordable housing building, entering into a
49 listing agreement to sell an affordable housing building, or posting a sign that an affordable housing
50 building is for sale.
51 C.Cause: The tenant or a member of the tenant’s household materially violated a term of the lease or
52 rental agreement, or violated an applicable federal, state, or local law or regulation.
53 D. Housing Building: A building with five or more rental units.
54 E. Housing Unit: A rental unit within a housing building.
55 F. Material Change: A change in the terms of a lease that significantly limits or restricts the tenants’ use
56 and enjoyment of a housing unit or the housing building.
57 G. Rent: A fixed periodical payment made by the tenant to the landlord for occupancy of a housing unit
58 but shall not include additional costs that may be incurred above occupancy of the housing unit such as
59 utilities, garage, storage closets, and the like.
60 H. Tenant Notification Period: The period that commences on the date when a written notice of the transfer
61 of ownership of a housing building is sent to each housing unit tenant pursuant to Section 910.04 and ends
62 on the last day of the third full calendar month following the date on which the notice was sent. In no
63 case shall the tenant notification period be less than 90 days.
64 I. Transfer of Ownership: Any conveyance of title to an affordable housing building, whether legal or
65 equitable, voluntary or involuntary, resulting in a transfer of control of the building, effective as of the
66 earlier of the date of delivery of the instrument of conveyance or the date the new owner takes possession.
67 910.03: Notice to the City of Proposed Sale
68 A. Notice to the City: Any owner or representative of the owner who intends to make available for sale
69 any affordable housing building shall notify the Community Development Director and Fire Chief of the
70 proposed sale by providing the notice required in this Section. The notice shall be on a form prescribed
71 by the City stating the owner’s intent to make available for sale the affordable housing building and which
72 may include, at the City's sole discretion, some or all of the following information:
73 1. Owner’s name, phone number, and mailing address;
74 2. Address of the affordable housing building that will be made available for sale;
75 3. Total number of dwelling units in the building; and
Page 2 of 6
ATTACHMENT A
76 4. Number and type (e.g., efficiency, one bedroom, two bedrooms, etc.) of each of the affordable
77 housing dwelling units in the building and the contract rent for every dwelling unit in the
78 building.
79 B. Manner and Timing of Notice: The notice shall be mailed or hand delivered to the Community
80 Development Director no later than 90 days prior to the affordable housing building being made available
81 for sale. The notice shall also be delivered directly to all affected tenants and include the following
82 language requirement: “This is important information about your housing. If you do not understand it,
83 have someone translate it for you now, or request a translation from your landlord.” This advisory must
84 be stated in the notice in the following languages: English, Spanish, Somali, Karen, and Hmong. This
85 notice shall be delivered to all affected tenants no later than 90 days prior to the affordable housing
86 building being made available for sale. Upon request by the tenant, the owner must provide a written
87 translation of the notice into the tenant’s preferred language if the language is listed above.
88
89 C. Exclusions: This notice of potential sale requirement shall not apply to the sale or transfer of title of an
90 affordable housing building already subject to federal, state, or local rent or income restrictions that
91 continue to remain in effect after the sale or transfer; or with respect to the sale or transfer of a residential
92 rental building in which the buyer contracts with the City to maintain the property in compliance with the
93 definition of an “affordable housing building” as defined in this Chapter, for a period of no less than 10
94 years. This exclusion does not apply if local rent or income restrictions will increase yetremain in
95 compliance with the definition of an “affordable housing building” as defined in this Chapter.
96 910.04: Post Sale Notice
97 A. Notice to Tenants:Whenever title to property containing a housing building is conveyed or otherwise
98 transferred, as a condition of receipt of a rental license, the new owner must within 30 days after the real
99 estate closing, deliver written notice to each housing unit tenant that the housing building is under new
100 ownership. The notice must include, at a minimum, the following information:
101 1. The name, mailing address, and telephone number of the new owner.
102 2. The following statement: “Roseville City Code provides for a three month tenant notification
103 period to housing unit tenants when new ownership takes control of a property. A tenant may
104 be entitled to relocation assistance from the new owner if, during the three month tenant
105 notification period, the new owner:
106 a. Terminates or does not renew the tenant’s rental agreement without cause;
107 b. Raises the rent and the tenant terminates his or her rental agreement due to the rent increase;
108 c. Requires existing tenants to be re-screened or comply with new screening criteria, and the
109 owner or tenant terminates the tenant’s lease based on that re-screening or failure to meet
110 those new screening criteria;
111 d. Imposes a material change in the terms of the lease, and the owner or tenant terminates or
112 does not renew the tenant’s lease because of those material changes; or
Page 3 of 6
ATTACHMENT A
113 e. Engages in construction activity at the property that would trigger federal, state, or local
114 law regarding lead paint or asbestos safety unless said activities are conducted by a
115 contractor obtaining the necessary lead and asbestos abatement certifications, the work is
116 conducted in accordance with industry best management practices, and all necessary
117 permits have been obtained from applicable government agencies.”
118 3. Whether there will be any rent increase within the three month tenant notification period and,
119 if so, the amount of the rent increase and the date the rent increase will take effect.
120 4. Whether the new owner will require existing housing unit tenants to be re-screened or comply
121 with new screening criteria during the three month tenant notification period and, if so, a copy
122 of the applicable screening criteria.
123 5.Whether the new owner will, without the tenant’s consent, impose a material change in the
124 terms of the lease during the three month tenant notification period and, if so, the language of
125 the material change and explanation of its effect.
126 6. Whether the new owner will terminate or not renew rental agreements without cause during
127 the three month tenant notification period and, if so, notice to the affected housing unit tenants
128 whose rental agreements will terminate and the date the rental agreements will terminate.
129 7. Whether the new owner intends to increase rent, require existing tenants to be rescreened to
130 determine compliance with existing or modified residency screening criteria, terminate or not
131 renew housing unit rental agreements, or impose a material change in the terms of the lease
132 without cause within 30 days immediately following the tenant notification period.
133 8. Whether the new owner intends to engage in construction activity at the property that would
134 trigger federal, state, or local law regarding lead paint or asbestos safety.
135 9. The date that the tenant notification period will expire.
136 B. Language requirement: Each notice required by this Section shall contain an advisory that reads as
137 follows: “This is important information about your housing. If you do not understand it, have someone
138 translate it for you now, or request a translation from your landlord.” This advisory must be stated in the
139 notice in the following languages: English, Spanish, Somali, Karen, and Hmong. Upon written request by
140 a tenant that identifies the tenant’s native language, the owner must provide a written translation of the
141 notice in that language.
142 C.Notice to the City: The new owner must deliver a copy of the notice required by this Section to the City
143 of Roseville Community Development Department and City of Roseville Fire Department at the same
144 time that the notice is delivered to tenants.
145 D. Required tenant notification period:The new owner of a housing building must not terminate or not
146 renew a tenant’s rental agreement without cause, raise rent, re-screen existing tenants, or impose a material
147 change to the terms of the lease during the tenant notification period without providing the notices required
148 by this Section.
Page 4 of 6
ATTACHMENT A
149
150 910.05: Relocation Assistance
151 A. When Required:A new owner of a housing building must pay relocation assistance to housing unit
152 tenants if, during the three month tenant notification period, the new owner:
153 1. Terminates or does not renew the tenant’s rental agreement without cause;
154 2. Raises the rent and the tenant terminates his or her rental agreement due to the rent increase;
155 3. Requires existing tenants to be re-screened or comply with new screening criteria and the
156 owner or tenant terminates the tenant’s lease; or
157 4. Imposes a material change in the terms of the lease and the owner or tenant terminates or does
158 not renew the tenant’s lease.
159 B. Amount: Relocation assistance shall be in an amount equal to three months of the monthly rent pursuant
160 to the current lease.
161
162 C.When Paid: The new owner shall, when required, pay relocation assistance to the tenant of a housing
163 unit within 30 days after receiving tenant’s written notice of termination of the lease or within 30 days
164 after the owner notifies the tenant that the lease will be terminated or not renewed.
165 910.06: Tenant Complaints
166 A tenant of a housing unit who believes the new owner has not provided the tenant the notifications
167 required under this Chapter may submit a notice of violation to the City. The purpose of the notice is to
168 inform the City of an alleged violation of this Chapter to assist the City in determining whether to impose
169 an administrative penalty provided for in this Section. The City is not required to take any particular action
170 in response to a notice of violation, and any enforcement action it does take shall be on behalf of the City,
171 not the tenant. Filing a notice of violation does not prohibit the tenant from pursuing any remedy available
172 to the tenant under law.
173 910.07: Penalty
174 A. Violations:A violation of this Chapter is an administrative offense that may be subject to an
175 administrative citation and civil penalties as provided in Title 1of the City Code. Notwithstanding any
176 provision of Title 1 of the City Code, the penalty for a violation of Sections 910.04 or 910.05 shall be the
177 sum of the applicable amount of relocation assistance plus $500.
178 B. Number of Offenses:A violation of this Chapter shall constitute a separate offense for each dwelling
179 unit affected.
180
181 C.Transfer of Funds: Within 30 days after a person pays the penalty in Section 910.07.A to the City, the
182 City shall pay to the displaced tenant of the housing unit in which the violation occurred an amount equal
183 to the relocation assistance amount specified in Section 910.05.B.
Page 5 of 6
ATTACHMENT A
184
185 D. Additional Redress: In addition, any tenant aggrieved by a landlord’s noncompliance with this Chapter
186 may seek redress in any court of competent jurisdiction to the extent permitted by law.
187 Section Two. Effective Date. This ordinance amendment to the City Code shall take effect upon passage
188 and publication of the ordinance.
189
th
190 Passed this 24 day of October, 2022.
Page 6 of 6
ATTACHMENT B
1 ORDINANCE SUMMARY NO. ____
2 AN ORDINANCE CREATING A NEW CHAPTER 910
3 TO THE ROSEVILLE CITY CODE,
4 TENANT NOTIFICATION AND NOTICE OF POTENTIAL SALE
5 WITH RESPECT TO LICENSED RENTAL PROPERTIES
6 CONTAINING 5 OR MORE UNITS
7
8 The following is the official summary of Ordinance No. ______ approved by the City Council of
9 Roseville on October 24, 2022:
10 The Roseville City Code, Title 9, Building Regulations, Chapter 910, Tenant Notification and
11 Notice of Potential Salehas been createdto provide housing stability, protection, and notification
12 to tenants in licensed rental housing of five or more units during an ownership transition. The
13 ordinance defines various terms, including Affordable Housing Building, Available for Sale,
14 Cause, Housing Building, Material Change, Rent, Tenant Notification Period, and Transfer of
15 Ownership. The ordinance requires a 90-day notification to the City and tenants prior to an
16 affordable housing building being made available for sale. The ordinance implements a three
17 month notification period to tenants of housing units under new ownership whereby new
18 ownership may not take certain actions during the notification period, including raising rent,
19 rescreening a tenant, or imposing a material change to the lease, which causing the tenant and/or
20 landlord to terminate the rental agreement. If such actions are taken during the three month
21 tenant notification period relocation assistance must be paid equal to three months of the monthly
22 rent pursuant to the current lease. The ordinance includes a process for complaints and penalties.
23 A printed copy of the ordinance is available for inspection by any person during regular office
24 hours in the office of the City Manager at the Roseville City Hall, 2660 Civic Center Drive,
25 Roseville, Minnesota 55113. A copy of the ordinance and summary shall also be posted at the
26 Reference Desk of the Roseville Branch of the Ramsey County Library, 2180 Hamline Avenue
27 North, and on the Internet web page of the City of Roseville (www.ci.roseville.mn.us).
Attest: ______________________________________
28 Patrick Trudgeon, City Manager
REQUEST FOR COUNCIL ACTION
Date: October 24, 2022
Item No.:10.a
Department Approval City Manager Approval
Item Description: Approve Payments
1 B ACKGROUND
2 State Statute requires the City Council to approve all payment of claims. The following summary of claims
3 has been submitted to the City for payment.
4
Check Series # Amount
ACH Payments $1,593,030.17
104833-104950 $951,840.62
Total $2,544,870.79
5
6 A detailed report of the claims is attached. City Staff has reviewed the claims and considers them to be
7 appropriate for the goods and services received.
8 P OLICY O BJECTIVE
9 Under Mn State Statute, all claims are required to be paid within 35 days of receipt.
10 F INANCIAL I MPACTS
11 All expenditures listed above have been funded by the current budget, from donated monies, or from cash
12 reserves.
13 S TAFF R ECOMMENDATION
14 Staff recommends approval of all payment of claims.
15 R EQUESTED C OUNCIL A CTION
16 Motion to approve the payment of claims as submitted
17
18 Prepared by: Mary Jenson, Accounting Technician
19 Attachments: A: Checks for Approval
20
Page 1 of 1
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REQUEST FOR COUNCIL ACTION
Date:October 24,2022
Item No.: 10.b
Department ApprovalCity Manager Approval
Item Description:Resolution Requesting SCORE Fundingfrom Ramsey County
1 B ACKGROUND
2 State law requires counties to manage the waste produced by citizens and businesses by waste
3 reduction, reuse, and recycling in preference to landfilling. In 1989, the Legislature adopted
4 legislation, based on recommendations made by the Governor’s Select Committee on Recycling and
5 the Environment (SCORE), to increasewaste reduction, reuse, and recycling. Among other things,
6 SCORE statutes authorize state grants for recycling, managing problem materials, educating the
7 public, and other related activities.
8 Ramsey County passes through a portion of its SCORE funding to cities. The County requires the
9 funding be used for waste reduction, reuse and recycling programs. The County further requires
10 cities to have a permanent source of funding for their waste reduction, reuse and recycling programs.
11 Roseville responded by approving the establishment of a recycling fee that has been included as a
12 part of the quarterly utility bill.
13 Ramsey County has announced that cities may requestSCORE fundingfor 2023. Amounts are
14 based on the funds received from the State and based on the city’s population. In 2022,Roseville
15 received $89,291.00.
16 In 2022, SCORE grant fundswere used to supplement the curbside recycling program and to fund
17 Zero Waste operations atCity events. The 2023funds are proposed to be used again forZero Waste
18 events and for the general curbside recycling program.
19 F INANCIAL I MPLICATIONS
20 The use of SCORE grant funds will be used to pay a portion of the Curbside Recycling Program
21 costsas well as help fund elements of the Zero Waste events throughout the year.
22 S TAFF RECOMMENDATION
23 It is recommended the Council adopt a resolution requesting SCORE funding from Ramsey County.
24 R EQUESTED C OUNCIL A CTION
25 Motion adopting a resolution to request SCORE funding fromRamsey County.
26 Prepared by:Ryan Johnson, Environmental Manager
27 Attachments:A: Resolution
Page 1of 1
Attachment A
EXTRACT OF MINUTES OF MEETING
OF THE
CITY COUNCIL OF THE CITY OF ROSEVILLE
* * * * * * * * * * * * * * * * *
1 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
2 Roseville, County of Ramsey, Minnesota was duly held on the 24thday of October, 2022, at
3 6:00 p.m.
4 The following members were present: , , , , and Mayor .
5 and the following were absent: .
6 Member introduced the following resolution and moved its adoption:
7 RESOLUTION No.
8 RESOLUTION REQUESTING 2023 SCORE FUNDING
9 FOR USE IN ROSEVILLE’S RESIDENTIAL RECYCLING PROGRAM
10 WHEREAS, the Roseville City Council is committed to residential waste abatement through its
11 curbside recycling program, Clean Up Day and Zero Waste Events; and
12 WHEREAS, in order to improve Roseville’s waste abatement programs and minimize the cost to
13 Roseville residents; and
14 WHEREAS, Ramsey County has SCORE Funding available for 2023;
15 NOW THEREFORE, BE IT RESOLVED, that the City Manager is authorized to submit a
16 funding request to Ramsey County for a 2023 SCORE Funding and that that funding will be used
17 for Roseville’s waste abatement programs.
18 The motion for the adoption of the foregoing resolution was duly seconded by Member ,
19 and upon a vote being taken thereon, the following voted in favor thereof: , , ,
20 , and Mayor .
21 and the following voted against the same: .
22 WHEREUPON said resolution was declared duly passed and adopted.
Resolution – 2023 SCORE Funding from Ramsey County
STATE OF MINNESOTA )
) ss
COUNTY OF RAMSEY )
I, the undersigned, being the duly qualified City Manager of the City of Roseville, County of
Ramsey, State of Minnesota, do hereby certify that I have carefully compared the attached and
foregoing extract of minutes of a regular meeting of said City Council held on the 24th day of
October, 2022, with the original thereof on file in my office.
WITNESS MY HAND officially as such Manager this 24th day of October, 2022.
_______________________________
Patrick Trudgeon, City Manager
REQUEST FOR CITY COUNCIL ACTION
Agenda Date: October 24, 2022
Agenda Item: 10.c
Department Approval City Manager Approval
Item Description: Adopt a Resolution approving a Conditional Use to allow a Fast-Food
Restaurant with Drive-Through at 2020 Twin Lakes Parkway(PF22-009)
1 B ACKGROUND
2 Launch Properties has been working with Starbucks Coffee Company on a proposal for a new
3 coffee shop with drive-through at 2020 Twin Lakes Parkway. A coffee shop or café is defined as
4 a fast food restaurant under the Roseville Zoning Code and in the MU-2B zoning district, fast-
5 food restaurants and drive-throughs require an approved conditional use that complies with the
6 requirements found in §1009.02.C and §1009.02.D.12.
7 P LANNING C OMMISSION A CTION
8 On October 5, 2022, the Roseville Planning Commission held the duly noticed public hearing on
9 the request by Launch Properties, on behalf of Starbucks Coffee, for a Conditional Use allowing
10 a fast-food restaurant with drive-through at 2020 Twin Lakes Parkway (Attachment A).
11 At the hearing, no individuals were present to address the Commission either in person or
12 virtually, other than the applicant’s representative. Planning Commissioner Pribyl noted the
13 proposed 8 foot tall screen fence is possibly excessive, with something shorter probably
14 adequate, and Commissioner McGehee thanked the applicant for the robust landscape plan. The
15 City Planner noted the screen fence only needs to be 6 feet in height and its final design and
16 location will be finalized with the Planning Division prior to release of a building permit
17 (Attachment B).
18 The Planning Commission voted 6-0 (Commissioner Schaffhausen was absent) to recommend
19 the following to the City Council: Approval of the Starbucks fast-food restaurant with drive-
20 through as C ONDITIONAL USE for 2020 Twin Lakes Parkway, based on the submitted site and
21 development plans, subject to the following conditionsas recommended by staff:
22 a. The site, building, landscaping, and drive-through lane shall be constructed substantially
23 consistent with the plans submitted September 2, 2022, and provided as a component of the
24 report packet, unless otherwise revised to comply with Zoning Code standards.
25 b. The final screen fence design and location details will be finalized and approved with the
26 City Planner.
27 S UGGESTED C ITY C OUNCIL A CTION
28 Adopt a Resolution (Attachment C) approving a fast-food restaurant with drive-through as
29 C ONDITIONAL USE for 2020 Twin Lakes Parkway, based on the submitted site and development
30 plans, subject to the following conditions:
31 a. The site, building, landscaping, and drive-through lane shall be constructed substantially
PF22-009_StarbucksCU_RCA_102422
Page 1 of 2
consistent with the plans submitted September 2, 2022, and provided as a component of the
32
33 report packet, unless otherwise revised to comply with Zoning Code standards.
34 b. The final screen fence design and location details will be finalized and approved with the
35 City Planner.
36 A LTERNATIVE A CTIONS
37 a.Pass a motion to table the item for future action. An action to table must be tied to the need
38 of clarity, analysis and/or information necessary to make a recommendation on the request.
39 Tabling beyond November 28, 2022, would require extension of the 60-day action deadline
40 established in Minn. Stats. 15.99.
41 b. Pass a motion denying the proposal. An action to deny must include findings of fact
42 germane to the request.
Report prepared by: Thomas Paschke, City Planner, 651-792-7074
thomas.paschke@cityofroseville.com
Attachments: A. PC Packet B. October 5, 2022 PC minutes
C. Draft CU resolution
PF22-009_SstarbucksCU_RCA_102422
Page 2 of 2
Attachment A
REQUEST FOR PLANNINGCOMMISSION ACTION
Agenda Date:10/05/22
Agenda Item: 7a
Prepared ByAgenda Section
Public Hearings
Department Approval
Item Description:Consider a Request by Launch Properties, in conjunction with Wal-Mart
Real Estate Business Trust (property owner), for a Conditional Use to
allow a Drive-Through for a proposed Starbucks at 2020 Twin Lakes
Parkway(PF22-009)
1 A PPLICATION I NFORMATION
2 Applicant: Launch Properties (Starbucks)
3 Location: 2020 Twin Lakes Parkway
4 Application Submission: 09/02/22; deemed complete 09/29/22
5 City Action Deadline:11/28/22
6 Planning File History:NA
7 Zoning: Community Mixed-Use – MU-2B
8 L EVEL OF D ISCRETION IN D ECISION M AKING: Action taken on a conditional use proposal is
9 quasi-judicial; the City’s role is to determine the facts associated with the request, and apply
10 those facts to the legal standards contained in State Statute and City Code.
11 B ACKGROUND
12 Launch Properties has been working with Starbucks Coffee
13 Company on a proposal for a new coffee shop with drive-
14 through at 2020 Twin Lakes Parkway. A coffee shop or café is
15 defined as a fast food restaurant under the Roseville Zoning
16 Code and in the MU-2B zoning district, fast-food restaurants
17 and drive-throughs require an approved conditional use that
18 complies with the requirements found in §1009.02.C and
19§1009.02.D.12.
20 Planning Division staff have included a number of development
21 documents, mostly for reference purposes. The site plan,
22 landscape plan, and building elevations are germane to the
23 drive-through discussion as it details access, vehicle site
24 circulation, drive-through stacking, screening, and canopies.
25 Per Public Works Department’s policy and as a component of the proposed redevelopment and
26 related drive-through facility, a traffic study (Attachment D) was conducted to review existing
27 operations, evaluate potential traffic impacts of the proposed redevelopment, review site access
28 considerations, and recommend improvements to ensure safe and efficient operations.
PF22-009_RPCA_Starbucks_CU_100522
Page 1 of 5
29 The Planning Division emphasizes the requested conditional use (CU) relates to the proposed
30 drive-through and it does not apply to any other aspects of the proposed development project,
31 which are governed by other sections of the Zoning Code. At the time of building permit
32 submittal, Planning Division staff reviews more detailed plans to determine full compliance with
33 all applicable zoning standards.
34 The Zoning Code §1009.02.Cand §1009.02.D.12 set the criteria for reviewing general and
35 specific conditional use requests. The Planning Division’s review of these criteria can be found
36 in the below Conditional Use Analysis section.
37 C ONDITIONAL U SE A NALYSIS
38 R EVIEW OF G ENERAL C ONDITIONAL U SE C RITERIA: §1009.02.C of the Zoning Code establishes
39 general standards and criteria for all conditional uses and the Planning Commission and City
40 Council must determine compliance with those stated findings.
41 The general code standards of §1009.02.C are as follows:
42 a. The proposed use is not in conflict with the Comprehensive Plan. While a drive-through
43 facility doesn’t appreciably advance the goals of the Comprehensive Plan aside from
44 facilitating continued investment in a property, Planning Division staff believes it does not
45 conflict with the Comprehensive Plan.More specifically, the General and Commercial Area
46 Goals and Policies sections of the Comprehensive Plan include a number of policies related
47 to reinvestment, redevelopment, quality development, and scale. The proposed drive-through
48 is one component of a larger investment, which would align with the related goals and
49 polices of the Comprehensive Plan.
50 b. The proposed use is not in conflict with a Regulating Map or other adopted plan. The subject
51 property is located within the Twin Lakes Redevelopment Area, an area which obtains most
52 of its required development standards from a regulating plan, and specifically those
53 applicable standards in §1005.05. In the case of the subject property it is required to comply
54 with specific building placement and site design standards under the Urban Frontage
55 (1005.05.E.2) and/or the Design Standards listed in §1005.02.A. Planning Division staff has
56 determined the proposed site design (including the drive-through lane) and building
57 placement generally complies with the Urban Frontage and other applicable Regulating Plan
58 standards and is not in conflict with said regulating plan.
59 c. The proposed use is not in conflict with any City Code requirements. Planning Division staff
60 has determined the remainder of the project addresses all applicable requirements of the City
61 Codeas they pertain to the proposeddrive-through CU.Moreover, a CUapproval can be
62 rescinded if the approved use fails to comply with all applicable Code requirements or any
63 conditions of the approval. As part of the building permit review process, Planning Division
64 staff will conduct a complete Code compliance analysis, including zoning standards such as
65 landscaping, trash/recycling enclosures, vehicle parking, materials, etc.
66 d. The proposed use will not create an excessive burden on parks, streets, and other public
67 facilities. Staff does not anticipate the proposal to intensify any practical impacts on parks,
68 streets, or public infrastructure. A traffic study (Attachment D) completed for the subject
69 development of a 2,230 sq. ft. drive-through restaurant. To account for traffic impacts
70 associated with the proposed development, trip generation estimates were developed for the
71 weekday a.m. and midday peak hours, as well as on a daily basis. These estimates were
72 developed using the ITE Trip Generation Manual, 11th Edition. Results of this trip
73 generation indicate an expected generation of 193 weekday p.m. peak hour, 98 weekday
PF22-009_RPCA_Starbucks_CU_100522
Page 2 of 5
74 midday peak hour, and 1,201 weekday daily trips. The trips generated were distributed to the
75 study area based on the directional distribution shown in Figure 4, which was developed
76 based on a combination of existing daily traffic volumes/travel patterns, information from the
77 previously completed AUAR, and engineering judgment. A review of the drive-through
78 queuing storage area was completed to identify if queues from the proposed drive-through
79 extend beyond the provided storage distance. Therefore, a literature review and field
80 observations were completed to understand expected queueing lengths for the proposed
81 coffee shop. Note, the Starbucks Coffee at 2305 Fairview Avenue N (across from Rosedale
82 Center) was observed during the weekday morning and Saturday midday peak hours.
83 According to the Drive-Through Queue Generation Study completed by Counting Cars in
84 2012, maximum queues at a coffee shop can extend to 16 vehicles, with an 85th percentile
85 queue of 14 vehicles. Additionally, drive-through queuing observations indicate a maximum
86 of 15 vehicles and an approximate 85th percentile of 13 vehicles during those peak hours,
87 which is consistent with the Drive-Through Queue Generation Study. On average there were
88 approximately 10 vehicles queued. Note, the maximum observed queues typically lasted for
89 less than one (1) minute in duration. Based on the site plan provided, there is room for 12
90 vehicles to queue within the drive-throughlane before impacting the internal parking lot
91 circulation. Note, this will block the proposed trash enclosure area, however, that is expected
92 to be utilized outside of peak hours. It is expected that the proposed drive-through will
93 accommodate the majority of the expected drive-though queues at the site, however,
94 approximately 25 percent of the peak hour trips are expected to queue beyond the storage and
95 could be expected to queue within the overflow areas shown on the site plan.
96 e. The proposed use will not be injurious to the surrounding neighborhood, will not negatively
97 impact traffic or property values, and will not otherwise harm the public health, safety, and
98 general welfare. Generally, this proposed drive-through and fast-food restaurant will not be
99 injurious to the surrounding neighborhood; negatively impact traffic or property values; and
100 will not otherwise harm the public health, safety, and general welfare. Specifically, the
101 Planning Division anticipates an approved drive-through for this site to increase vehicle trips
102 on the adjacent roadways, however,not significantly, or consistently, or otherwise
103 unmanageable under the proposed site access, drive-through, and circulation plan.
104 R EVIEW OF S PECIFIC C ONDITIONAL U SE C RITERIA: §1009.02.D.12 of the Zoning Code establishes
105 additional standards and criteria that are specific to drive-through facilities:
106 a. Drive-through lanes and service windows shall be located to the side or rear of buildings
107 and shall not be located between the principal structure and a public street except when the
108 parcel and/or structure lies adjacent to more than one public street and the placement is
109 approved by the Community Development Department (Ord. 1443, 6-17-2013). Planning
110 Division staff will work with applicants on building placement and drive-through location as
111 the basis for this criterion is to limit vehicular impacts on adjacent roadways and more
112 specifically the pedestrian realm. The adjacent public street of emphasis for this proposalis
113 Cleveland Avenue, while County Road C, although important as well, becomes the
114 secondary street. The proposal by Starbucks is required to “tuck” the building into the
115 southwest corner, which eliminates the ability of placing the drive-through lane between the
116 building and Cleveland Avenue. With that said, the drive-through does lie adjacent to
117 County Road C, however it is also not between the building and the street, and this design
118 detail is acceptable to the Community Development Department.
119 b. Points of vehicular ingress and egress shall be located at least 60 feet from the street right-
PF22-009_RPCA_Starbucks_CU_100522
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120 of-way lines of the nearest intersection.In review of this requirement, the proposed access to
121 Starbucks will be provided via the ingress to the site from Twin Lakes Parkway (north), some
122 450 feet from this subject drive through lane, or viathe ingress from County Road C (east),
123 which is 515 feet from the subject lot.
124 c. The applicant shall submit a circulation plan that demonstrates that the use will not interfere
125 with or reduce the safety of pedestrian and bicyclist movements. Site design shall
126 accommodate a logical and safe vehicle and pedestrian circulation pattern. Queuing lane
127 space shall be provided, sufficient to accommodate demand, without interfering with primary
128 driving, entrance, exit, pedestrian walkways, or parking facilities on site. The circulation
129 plan shall be made a condition of approval and shall survive any and all users of the drive-
130 through and may need to be amended from time to time to ensure continued compliance with
131 this condition. Said amendments to the circulation plan will require an amendment to the
132 conditional use. The submitted vehicular and pedestrian circulation plan has been reviewed
133 by Planning Division and Engineering staff and deemed acceptable. Specifically, the
134 Walmart site includes an existing pedestrian connection from the sidewalkalong Cleveland
135 Avenue, through the parking lot, to the building. This pedestrian connection will remain and
136 a secondary connection to the Starbucks will also be installed. The Starbucks connection
137 connects to the building and outdoor seating area without an interaction with the drive-
138 through lane. Pavement markings via painted crosswalk will be provided for the pedestrian
139 connection to the trash/recycling dumpsters west of the building as well as stop signto
140 promote driver awareness.
141 d. Speaker box sounds from the drive-through lane shall not be loud enough to constitute a
142 nuisance on an abutting residentially zoned property or property in residential use.
143 notwithstanding this requirement, such speaker boxes shall not be located less than 100 feet
144 from an existing residentially zoned property or property in residential use. The nearest
145 residential use to the subject site lies over a ½ mile (2,600 feet) away and is the Isaac
146 apartment complex on Fairview Avenueor the single-family homes north of Rose Place on
147 the east side of Fairview Avenue. Additionally, the area around the development site
148 includes lots of vehicular background noise generated from Cleveland Avenue and Interstate
149 35W. Sound from the speaker box is not expected to be audible at any residentially used
150 property, or the hotels that lie to the north; approximately 880 feet (Home2 Suites) and 1,000
151 feet (Hampton Inn).
152 e. Drive-through canopies and other structures, where present, shall be constructed from the
153 same materials as the primary building and with a similar level of architectural quality and
154 detailing. Theproposed drive-through does not provide a separate vehicle canopy, however
155 it does include canopy features overhanging portions of the building and the drive-through at
156 the pick-up window (Attachment C). These overhangs are integrated into the design of the
157 building to address vertical and horizontal articulation.
158 f. A 10-foot buffer area with screen planting and/or an opaque wall or fence between 6 and 8
159 feet in height shall be required between the drive-through lane and any property line
160 adjoining a public street or residentially zoned property or property in residential use and
161 approved by the Community Development Department (Ord. 1443, 6-17-2013). The
162 applicant has proposed a screen fence and landscaping between the drive-through lane and
163 the public sidewalk adjacent to County Road C. Planning Division staff has determined the
164 screen fencing does not need to be as long as proposed and will work with the applicant on
165 an acceptable final design with augmented landscaping.
PF22-009_RPCA_Starbucks_CU_100522
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166 P LANNING D IVISION R ECOMMENDATION
167 The Planning Division recommends approval of the CU to allow Starbucks a drive-through at
168 2020 Twin Lakes Parkway, based on the submitted site and development plans, subject to the
169 following condition:
170 a. The site, building, landscaping, and drive-through lane be constructed substantially
171 consistent with the plans submitted as a component of the CU request and provided as a
172 component of the report packet.
173 S UGGESTED P LANNING C OMMISSION A CTION
174 By motion, recommend approval of a C ONDITIONAL USE for 2020 Twin Lakes Parkway,
175 allowing a drive-through on the subject property based on the comments, findings, and the
176 conditions stated above of this report.
177 A LTERNATIVE A CTIONS
178 a.Pass a motion to table the item for future action. An action to table must be tied to the need
179 for clarity, analysis, and/or information necessary to make a recommendation on the request.
180 b. Pass a motion recommending denial of the proposal. A motion to deny must include findings
181 of fact germane to the request.
Report prepared by: Thomas Paschke, City Planner, 651-792-7074 | thomas.paschke@cityofroseville.com
Attachments: A. Location Map B. Aerial photo
C. Narrative/plans D. Traffic study
PF22-009_RPCA_Starbucks_CU_100522
Page 5 of 5
Attachment D
DRAFTMemorandum
SRF No.16084
Jesse Freihammer, PE
To:
City Engineer/Assistant Public Works Director
Tom Sachi, PE, Project Manager
From:
Ashley Sherry, EIT, Engineer I
September30, 2022
Date:
Roseville Starbucks Traffic Study
Subject:
Introduction
SRF has completed a traffic study for the proposed Starbucks locatedin the southeast quadrant of the
Cleveland Avenue and Twin LakesParkway intersection in the City of Roseville (see Figure 1: Project
Location). The main objectives of the study are to review existing operations within the study area,
identify any transportation impacts to the adjacent roadway network, and recommend any
improvements to address any issues, if necessary. The following information provides the
assumptions, analysis, and study findings offered for consideration.
Existing Conditions
Existing conditions were reviewed to establish a baseline to identify any future impacts associated with
the proposed development. Evaluation of the existing conditions includes a review of traffic volumes,
roadway characteristics, and an intersection capacity analysis, which are summarized in the following
sections.
Traffic Volumes
Historical vehicular and pedestrian/bicyclist turning movement counts taken during the a.m. and
midday peak periods were utilized for the following intersections:
Cleveland Avenue and Twin Lakes Parkway/I-35W (July 7, 2016, Collected by MnDOT)
Twin Lakes Parkway and Mount Ridge Road (July 10, 2014, Collected by SRF)
The intersection turning movement counts were adjusted to account for existing conditions.
Observations were completed to identify roadway characteristics (i.e. roadway geometry, posted speed
limits, and traffic controls) within the study area.Cleveland Avenue is currently a four-lane roadway
within the study area with a speed limit of 40 mph. Twin Lakes Parkway is a four-lane roadway
between Cleveland Avenue and Mount Ridge Road, but changes a two-lane roadway east of Mount
Ridge Road, and it has a speed limit of 30 mph within the study area.
www.srfconsulting.com
3701 Wayzata Boulevard, Suite 100 | Minneapolis, MN 55416-3791 | 763.475.0010
Equal Employment Opportunity / Affirmative Action Employer
Roseville Starbucks Traffic Study September 30, 2022
Page 3
The Cleveland Avenue and Twin Lakes Parkway/I-35W intersection is signalized, and the Twins Lake
Parkway and Walmart/ALDI access intersection is side-street stop controlled. Additionally, the Twin
Lakes Parkway and Mount Ridge Road is a roundabout controlled intersection. Cleveland Avenue is
classified as a minor arterial and Twin Lakes Parkway is classified as a local roadway. Existing
geometrics, traffic controls, and traffic volumes in the study are shown in Figure 2.
Intersection Operations Analysis
An intersection capacity analysis was completed for the weekday a.m. and midday peak hours to
identify any areas of queuing or congestion concern under existing conditions. Note, the proposed
development peaks in the morning and midday, therefore the p.m. peak hour was not analyzed. The
study intersections were analyzed using Synchro/SimTraffic (Version 11). Capacity analysis results
identify a Level of Service (LOS), which indicates the quality of traffic flow through an intersection.
Intersections are given a ranking from LOS A through LOS F. The LOS results are based on average
delay per vehicle, which correspond to the delay threshold values shown in Table 1. LOS A indicates
the best traffic operation, with vehicles experiencing minimal delays. LOS F indicates an intersection
where demand exceeds capacity, or a breakdown of traffic flow. Overall intersection LOS A though
LOS D is generally considered acceptable based on MnDOT guidelines.
Table 1. Level of Service Criteria for Signalized and Unsignalized Intersections
Signalized Intersection Unsignalized Intersection
LOS Designation
Average Delay/Vehicle (seconds) Average Delay/Vehicle (seconds)
A
> 10 - 20 > 10 - 15
B
> 20 - 35 > 15 - 25
C
> 35 - 55 > 25 - 35
D
> 55 - 80 > 35 - 50
E
> 80 > 50
F
For side-street stop-controlled intersections, special emphasis is given to providing an estimate for the
level of service of the side-street approach. Traffic operations at an unsignalized intersection with
side-street stop control can be described in two ways. First, consideration is given to the overall
intersection level of service. This takes into account the total number of vehicles entering the
intersection and the capability of the intersection to support these volumes. Second, it is important
to consider the delay on the minor approach. Since the mainline does not have to stop, the majority
of delay is attributed to the side-street approaches. It is typical of intersections with higher mainline
traffic volumes to experience high levels of delay (i.e. poor levels of service) on the side-street
approaches, but an acceptable overall intersection level of service during peak hour conditions.
Results of the existing operations analysis shown in Table 2 indicate that all study intersections operate
at an acceptable LOS B or better during the a.m. and midday peak hours with the existing traffic
control and geometric layout. No significant side-street delays or queuing issues were observed at the
study intersections.
Roseville Starbucks Traffic Study September 30, 2022
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Table 2. Existing Peak Hour Capacity Analysis
Weekday
Weekday
Midday Peak Hour
Intersection
A.M. Peak Hour
LOS Delay LOS Delay
(1)
16 sec. 15 sec.
Cleveland Avenue and Twin Lakes Parkway/I-35W B B
(2)
9 sec. 9 sec.
Twin Lakes Parkway and Walmart/ALDI Access A/A A/A
(3)
3 sec. 4 sec.
Twin Lakes Parkway and Mount Ridge Road A A
(1) Indicates a signalized intersection, where the overall LOS is shown.
(2) Indicates an unsignalized intersection with side-street stop control, where the overall LOS is shown followed by the worst approach
LOS. The delay shown represents the worst side-street approach delay.
(3) Indicates a roundabout intersection, where the overall LOS is shown.
Proposed Development
The proposed development, shown in Figure 3, is located in the southeast quadrant of the Cleveland
Avenue and Twin Lakes Parkway intersection and is anticipated to be fully operational by the year
2024. The proposed development includes a 2,250 SF coffee shop with a drive-through lane. This
outlot is expected to be occupied by a Starbucks coffee shop. The primary access to the proposed
development is located on Twin Lakes Parkway via a right-in/right-out located approximately 250 feet
east of Cleveland Avenue. The development also is connected to the Wal-Mart parking lot and can
access the roundabout at the Twin Lakes Parkway and Mount Ridge Road intersection as well as at
the southern parking lot access on County Road C.
Year 2024 Conditions
To identify potential impacts associated with the proposed development, traffic forecasts for year
2024 conditions (i.e. one-year after opening) were developed. The year 2024 conditions take into
account general area background growth and traffic generated by the proposed development. The
following sections provide details on the background traffic forecasts, estimated trip generation, and
the intersection capacity analysis for year 2024 conditions.
Background Traffic Growth
To account for general background growth in the area, an annual growth rate of one-half percent was
applied to the existing peak hour traffic volumes to develop year 2024 background forecasts. This
growth rate was developed based on the Twin Lakes Redevelopment Area Traffic Study Update completed
in 2015.
Roseville Starbucks Traffic Study September 30, 2022
Page 7
Trip Generation
To account for traffic impacts associated with the proposed development, trip generation estimates
were developed for the weekday a.m. and midday peak hours, as well as on a daily basis. These
estimates, shown in Table 3, were developed using the ITE Trip Generation Manual, 11th Edition.
Table 3. Trip Generation Estimate
A.M. Peak Hour Midday Peak Hour
Land Use Type (ITE Code) Size Daily Trips
In Out In Out
Coffee/Donut Shop with Drive-
2,250 SF 98 95 49 49 1,201
through Window (937)
Results of the trip generation estimate indicate that the proposed development is expected to generate
193 weekday p.m. peak hour, 98 weekday midday peak hour, and 1,201 weekday daily trips. The trips
generated were distributed to the study area based on the directional distribution shown in Figure 4,
which was developed based on a combination of existing daily traffic volumes/travel patterns,
information from the previously completed AUAR, and engineering judgment. The resultant year
2024 peak hour traffic forecasts, which include general background growth and trips generated by the
development, are illustrated in Figure 5.
Year 2024 Build Conditions Intersection Capacity Analysis
To determine how the study intersections will operate under year 2024 build conditions, an
intersection capacity analysis was completed using Synchro/SimTraffic software (Version 11). Results
of the year 2024 build intersection capacity analysis shown in Table 4 indicate that all of the study
intersections are expected to continue to operate at an acceptable overall LOS B or better during the
a.m. and midday peak hours. There is not expected to be any internal queuing issues entering or exiting
the proposed development along Twin Lakes Parkway, with average queues of one (1) vehicle and
95th percentile queues of two (2) vehicles at the right-out access. No other significant side-street delays
or queuing issues were observed at the study intersections.
Table 4. Year 2024 Intersection Capacity Analysis
Weekday
Weekday
Midday Peak Hour
Intersection
A.M. Peak Hour
LOS Delay LOS Delay
(1)
18 sec. 16 sec.
Cleveland Avenue and Twin Lakes Parkway/I-35W B B
(2)
9 sec. 9 sec.
Twin Lakes Parkway and Walmart/ALDI Access A/A A/A
(3)
3 sec. 3 sec.
Twin Lakes Parkway and Mount Ridge Road A A
(1) Indicates a signalized intersection, where the overall LOS is shown.
(2) Indicates an unsignalized intersection with side-street stop control, where the overall LOS is shown followed by the worst approach
LOS. The delay shown represents the worst side-street approach delay.
(3) Indicates a roundabout intersection with all-way yield control, where the overall LOS is shown.
Roseville Starbucks Traffic Study September 30, 2022
Page 10
Site Plan Review
A review of the proposed site plan was completed to identify any issues and recommend potential
improvements with regard to drive-through operations, access, and circulation. Based on field
observations, there is adequate sight distance at the existing right-in/right-out access location on Twin
Lakes Parkway to clearly identify approaching vehicles. Special consideration should be made to limit
any sight distance impacts from future landscaping and signing. No other traffic control or circulation
issues are expected.
Drive-Thru Queuing Review
A review of the drive-thru queuing storage area was completed to identify if queues from the proposed
drive-thru extend beyond the provided storage distance. Therefore, a literature review and field
observations were completed to understand expected queueing lengths for the proposed coffee shop.
Note, the Starbucks Coffee at 2305 Fairview Avenue N (across from Rosedale Center) was observed
during the weekday morning and Saturday midday peak hours.
According to the Drive-Through Queue Generation Study completed by Counting Cars in 2012, maximum
queues at a coffee shop can extend to 16 vehicles, with an 85th percentile queue of 14 vehicles.
Additionally, drive-thru queuing observations indicate a maximum of 15 vehicles and an approximate
85th percentile of 13 vehicles during those peak hours, which is consistent with the Drive-Through Queue
Generation Study. On average there were approximately 10 vehicles queued. Note, the maximum
observed queues typically lasted for less than one (1) minute in duration.
Based on the site plan provided, there is room for 12 vehicles to queue within the drive-thru lane
before impacting the internal parking lot circulation. Note, this will block the proposed trash enclosure
area, however, that is expected to be utilized outside of peak hours. It is expected that the proposed
drive-thru will accommodate the majority of the expected drive-thru queues at the site, however,
approximately 25 percent of the peak hour trips are expected to queue beyond the storage and could
be expected to queue within the overflow areas shown in Figure 6.
Additionally, potential signing improvements are shown in Figure 6 indicating to motorists to not
block access from the parking lot drive aisle and directional signing within the site can be provided to
limit the number of customers exiting the Starbucks site from conflicting with potential drive-thru
queue. The site should be monitored to determine if the maximum drive-thru queues ever extend
beyond the available storage and spill into the parking lot. However, these queues typically would be
expected to occur during the a.m. peak hour and not impact operations at Walmart and/or Panda
Express.
Roseville Starbucks Traffic Study September 30, 2022
Page 12
AUAR Review.
A trip generation comparison to the Twin Lakes AUAR for the proposed development area was
completed to determine if the proposed development trip generation is consistent with previous
assumptions. The proposed land use change for site was compared to the allocation based on the
current Twin Lakes AUAR (Subarea 1, Block 4). Block 4 includes 160,000 SF of free-standing discount
store and 13,200 sf of high-turnover sit-down restaurant broken into two (2) 6,600 sf parcels. A
comparison was completed in Table 5 for the proposed land use to one (1) of the 6,600 sf restaurant
parcels is 65 weekday p.m. peak hour trips. The proposed
development is expected to generate 88 p.m. peak hour trips, indicating that the density of the
proposed land use is higher than the previously assumed traffic generation for this site. Although the
overall p.m. peak hour for the proposed development is higher than previous assumptions for the
parcel, no capacity or congestion issues are expected to occur as a result of the proposed coffee shop.
Table 5. AUAR Trip Generation Estimate
P.M.
Peak Hour
Daily
Land Use (ITE Code) Size
In Out
Proposed Land Use
Coffee Shop w/ Drive-Thru (937) 2,250 SF 44 44 1,201
Assumed AUAR Land Use
High Turnover (Sit Down) Restaurant 6,600 SF 39 26 839
Difference +5 +18 +362
Conclusions and Recommendations
The following study conclusions and recommendations are offered for consideration:
1) Results of the existing operations analysis indicate that all study intersections currently operate at
an acceptable overall LOS B or better during the a.m. and midday peak hours. No significant side-
street delays or queuing issues were observed at the study intersections.
2) The proposed development includes a 2,250 SF coffee shop with a drive-through. The primary
access to the proposed development is located on Twin Lakes Parkway via a right-in/right-out
located approximately 250 feet east of Cleveland Avenue. The development also is connected to
the Wal-Mart parking lot and can access the roundabout at the Twin Lakes Parkway and Mount
Ridge Road intersection as well as at the southern parking lot access on County Road C.
3) Results of the trip generation estimates indicate the proposed development site is expected to
generate a total of 193 weekday p.m. peak hour, 98 weekday midday peak hour, and 1,201 weekday
daily trips.
Roseville Starbucks Traffic Study September 30, 2022
Page 13
4) Results of the year 2024 build intersection capacity analysis indicate that all of the study
intersections and proposed access locations are expected to operate at an acceptable overall
LOS B or better during the a.m. and midday peak hours.
a. There is not expected to be any internal queuing issues entering or exiting the proposed
development along Twin Lakes Parkway, with average queues of one (1) vehicle and 95th
percentile queues of two (2) vehicles at the right-out access. No other significant side-street
delays or queuing issues were observed at the study intersections.
5) The proposed Starbucks is expected to accommodate the majority of drive-thru queues at the site,
however, approximately 25 percent of the peak hour trips are expected to queue beyond the
storage provide.
6) A detailed site plan review figure was provided indicating signing recommendations and expected
overflow queueing areas.
7)
is expected to generate 88 p.m. peak hour trips, indicating that the density of the proposed land
use is higher than the previously assumed traffic generation for this site. However, based on the
operations analysis, no capacity issues are expected at the site.
Attachment B
E XTRACT OF THE O CTOBER 5, 2022R EGULAR M EETING OF THE R OSEVILLE P LANNING C OMMISSION
1 a. Consideration of a Request by Launch Properties, In Conjunction with Wal-Mart Real
2 Estate Business Trust (Property Owner), for a Conditional Use to Allow a Drive-
3 Through for a Proposed Starbucks at 2020 Twin Lakes Parkway (PF22-009)
4 Chair Kimball opened the public hearing for PF22-022 at approximately 6:38 p.m. and
5 reported on the purpose and process of a public hearing. She advised this item will be before
6 the City Council on October 24, 2022.
7 City Planner Paschke summarized the request as detailed in the staff report dated October 5,
8 2022.
9 Chair Kimble thanked Mr. Paschke for the presentation and thought this had a very generous
10 landscaping plan and looked really nice.
11 Member Pribyl noticed the fence is eight foot high and thought it was unnecessarily high
12 given that it is already a little bit elevated.
13 Mr. Paschke thought that as well and Code states six feet and would not need to be eight feet
14 tall. He thought six feet should work because that area is raised as well.
15 Mr. Dan Regan, Launch Properties, addressed the Commission.
16 Member McGehee thanked Mr. Regan for the landscape plan and thought it was very
17 interesting and nice. She thought the choice of plants was also diverse.
18 Chair Kimble asked if there was any opportunity for seating in that area.
19 Mr. Regan did not know how closely seating was looked at in that area and thought it might
20 be an operational issue for Starbucks. There is a seating area for Starbucks that is adjacent to
21 the store already and he thought that is the primary place Starbucks would like their
22 customers to be when outside.
23 Public Comment
24 No one came forward to speak for or against this request.
25 Chair Kimble closed the public hearing at 6:56 p.m.
26 Commission Deliberation
27 None.
28 MOTION
29 Member McGeheemoved, seconded by Member Pribyl, to recommend to the City
30 Council approval of a Conditional Use for 2020 Twin Lakes Parkway, allowing a drive-
31 through on the subject property based on the comments, findings, and the conditions
32 stated in the October 5, 2022 staff report. (PF22-009).
33 Ayes: 6
34 Nays: 0
35 Motion carried.
36
Attachment C
EXTRACT OF MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF ROSEVILLE
1 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
2 Roseville, County of Ramsey, Minnesota, was held on the 24th day of October, 2022, at 6:00
3 p.m.
4
5 The following Council Members were present:_________;
6 and _____were absent.
7 Council Member _____ introduced the following resolution and moved its adoption:
8 RESOLUTION NO. ___
9 A RESOLUTION APPROVING A FAST-FOOD RESTAURANT WITH DRIVE-
10 THROUGH AS A CONDITIONAL USE FORLAUNCH PROPERTIESAND
11 STARBUCKS AT 2020 TWIN LAKES PARKWAY (PF22-009).
12 WHEREAS, a fast-food restaurant is a use in the Community Mixed-Use (MU-2B)
13 district requiring an approved Conditional Use, and
14 WHEREAS, a drive-through is an accessory use in the MU-2B districtrequiring an
15 approved Conditional Use (CU); and
16 WHEREAS, City Code §1009.02.C establishes general CU criteria that is required to be
17 met by a CU proposal; and
18 WHEREAS, City Code §1009.02.D.12 establishes additional standards and criteria that
19 are specific to drive-through facilities; and
20 WHEREAS, the Roseville Planning Commission held the public hearing regarding the
21 proposed drive-through CUon October 5, 2022, voting 6-0 to recommend approval of the fast-
22 food restaurant with a drive-through for Starbucks; and
23 WHEREAS, the property at 2020 Twin Lakes Parkway is legally described as:
nd
24 Lot 3, Block 1, Twin Lakes 2Addition
25 WHEREAS, the City Council has determined that approval of the proposed fast-food
26 restaurant with a drive-through CUat 2020 Twin LakesParkwaypursuant to 1009.02.C and
27 1009.02.D.12 of the City Code will not result in adverse impacts to the surrounding properties
28 based on the following findings:
29 G ENERAL C ONDITIONAL U SE C RITERIA §1009.02.C:
30 a. The proposed use is not in conflict with the Comprehensive Plan. While a drive-through
31 facility does not appreciably advance the goals of the Comprehensive Plan aside from
32 facilitating continued investment in a property, Planning Division staff believes it does not
33 conflict with the Comprehensive Plan. More specifically, the General and Commercial Area
34 Goals and Policies sections of the Comprehensive Plan include a number of policies related
35 to reinvestment, redevelopment, quality development, and scale. The proposed drive-through
36 is one component of a larger investment, which would align with the related goals and
37 polices of the Comprehensive Plan.
Page 1 of 4
Attachment C
38 b. The proposed use is not in conflict with a Regulating Map or other adopted plan. The subject
39 property is located within the Twin Lakes Redevelopment Area, an area which obtains most
40 of its required development standards from a regulating plan, and specifically those
41 applicable standards in §1005.05. In the case of the subject property it is required to comply
42 with specific building placement and site design standards under the Urban Frontage
43 (1005.05.E.2) and/or the Design Standards listed in §1005.02.A. The City Council has
44 determined the proposed site design (including the drive-through lane) and building
45 placement generally complies with the Urban Frontage and other applicable Regulating Plan
46 standards and is not in conflict with said regulating plan.
47 c. The proposed use is not in conflict with any City Code requirements. The City Council has
48 determined the remainder of the project addresses all applicable requirements of the City
49 Code as they pertain to the proposed drive-through CU. Moreover, a CU approval can be
50 rescinded if the approved use fails to comply with all applicable Code requirements or any
51 conditions of the approval. As part of the building permit review process, Planning Division
52 staff will conduct a complete Code compliance analysis, including zoning standards such as
53 landscaping, trash/recycling enclosures, vehicle parking, materials, etc.
54 d. The proposed use will not create an excessive burden on parks, streets, and other public
55 facilities. Staff does not anticipate the proposal to intensify any practical impacts on parks,
56 streets, or public infrastructure. A traffic study wascompleted for the subject development
57 of a 2,230 sq. ft. drive-through restaurant. To account for traffic impacts associated with the
58 proposed development, trip generation estimates were developed for the weekday a.m. and
59 midday peak hours, as well as on a daily basis. These estimates were developed using the ITE
60 Trip Generation Manual, 11th Edition. Results of this trip generation indicate an expected
61 generation of 193 weekday p.m. peak hour, 98 weekday midday peak hour, and 1,201
62 weekday daily trips. The trips generated were distributed to the study area based on the
63 directional distribution shown in Figure 4 in the traffic study, which was developed based on
64 a combination of existing daily traffic volumes/travel patterns, information from the
65 previously completed AUAR, and engineering judgment. A review of the drive-through
66 queuing storage area was completed to identify if queues from the proposed drive-through
67 extend beyond the provided storage distance. Therefore, a literature review and field
68 observations were completed to understand expected queueing lengths for the proposed
69 coffee shop. The Starbucks Coffee at 2305 Fairview Avenue N (across from Rosedale
70 Center) was observed during the weekday morning and Saturday midday peak hours.
71 According to the Drive-Through Queue Generation Study completed by Counting Cars in
72 2012, maximum queues at a coffee shop can extend to 16 vehicles, with an 85th percentile
73 queue of 14 vehicles. Additionally, drive-through queuing observations indicate a maximum
74 of 15 vehicles and an approximate 85th percentile of 13 vehicles during those peak hours,
75 which is consistent with the Drive-Through Queue Generation Study. On average there were
76 approximately 10 vehicles queued and the maximum observed queues typically lasted for
77 less than one (1) minute in duration. Based on the site plan provided, there is room for 12
78 vehicles to queue within the drive-throughlane before impacting the internal parking lot
79 circulation. Note, this will block the proposed trash enclosure area, however, that is expected
80 to be utilized outside of peak hours. It is expected that the proposed drive-through will
81 accommodate the majority of the expected drive-through queues at the site, however,
82 approximately 25 percent of the peak hour trips are expected to queue beyond the storage and
83 could be expected to queue within the overflow areas shown on the site plan.
Page 2 of 4
Attachment C
84 e. The proposed use will not be injurious to the surrounding neighborhood, will not negatively
85 impact traffic or property values, and will not otherwise harm the public health, safety, and
86 general welfare. Generally, this proposed drive-through and fast-food restaurant will not be
87 injurious to the surrounding neighborhood; negatively impact traffic or property values; and
88 will not otherwise harm the public health, safety, and general welfare. Specifically, the City
89 Council anticipates an approved drive-through for this site to increase vehicle trips on the
90 adjacent roadways, however, not significantly, or consistently, or otherwise unmanageable
91 under the proposed site access, drive-through, and circulation plan.
92 R EVIEW OF S PECIFIC C ONDITIONAL U SE C RITERIA: §1009.02.D.12 of the Zoning Code
93 establishes additional standards and criteria that are specific to drive-through facilities:
94 a. Drive-through lanes and service windows shall be located to the side or rear of buildings
95 and shall not be located between the principal structure and a public street except when the
96 parcel and/or structure lies adjacent to more than one public street and the placement is
97 approved by the Community Development Department (Ord. 1443, 6-17-2013). The adjacent
98 public street of emphasisfor this proposal is Cleveland Avenue, while County Road C
99 becomes the secondary street. The Regulating Plan standards require the proposed building
100 tobe tucked into the southwest corner of the site, which eliminates the ability of placing the
101 drive-through lane between the building and Cleveland Avenue. The drive-through does lie
102 adjacent to County Road C, however it is not between the building and the street, and this
103 design detail is acceptable to the City Council.
104 b. Points of vehicular ingress and egress shall be located at least 60 feet from the street right-
105 of-way lines of the nearest intersection.In review of this requirement, the proposed access to
106 Starbucks will be provided via the ingress to the site from Twin Lakes Parkway (north), some
107 450 feet from this subject drive through lane, or via the ingress from County Road C (east),
108 which is 515 feet from the subject lot.
109 c. The applicant shall submit a circulation plan that demonstrates that the use will not interfere
110 with or reduce the safety of pedestrian and bicyclist movements. Site design shall
111 accommodate a logical and safe vehicle and pedestrian circulation pattern. Queuing lane
112 space shall be provided, sufficient to accommodate demand, without interfering with primary
113 driving, entrance, exit, pedestrian walkways, or parking facilities on site. The circulation
114 plan shall be made a condition of approval and shall survive any and all users of the drive-
115 through and may need to be amended from time to time to ensure continued compliance with
116 this condition. Said amendments to the circulation plan will require an amendment to the
117 conditional use. The submitted vehicular and pedestrian circulation plan has been reviewed
118 by Planning Division and Engineering staff and deemed acceptable. Specifically, the
119 Walmart site includes an existing pedestrian connection from the sidewalk along Cleveland
120 Avenue, through the parking lot, to the building. This pedestrian connection will remain and
121 a secondary connection to the Starbucks will also be installed. The Starbucks connection
122 connects to the building and outdoor seating area without an interaction with the drive-
123 through lane. Pavement markings via painted crosswalk will be provided for the pedestrian
124 connection to the trash/recycling dumpsters west of the building as well as stop signto
125 promote driver awareness.
Page 3 of 4
Attachment C
126 d. Speaker box sounds from the drive-through lane shall not be loud enough to constitute a
127 nuisance on an abutting residentially zoned property or property in residential use.
128 notwithstanding this requirement, such speaker boxes shall not be located less than 100 feet
129 from an existing residentially zoned property or property in residential use. The nearest
130 residential use to the subject site lies over a half mile (2,600 feet) away and is the Isaac
131 apartment complex on Fairview Avenue or the single-family homes north of Rose Place on
132 the east side of Fairview Avenue. Additionally, the area around the development site
133 includes significant vehicular background noise generated from Cleveland Avenue and
134 Interstate 35W. Sound from the speaker box is not expected to be audible at any residentially
135 used property, or the hotels that lie to the north; approximately 880 feet (Home2 Suites) and
136 1,000 feet (Hampton Inn).
137 e.Drive-through canopies and other structures, where present, shall be constructed from the
138 same materials as the primary building and with a similar level of architectural quality and
139 detailing. The proposed drive-through does not provide a separate vehicle canopy, however
140 it does include canopy features overhanging portions of the building and the drive-through at
141 the pick-up window. These overhangs are integrated into the design of the building to
142 address vertical and horizontal articulation.
143 f. A 10-foot buffer area with screen planting and/or an opaque wall or fence between 6 and 8
144 feet in height shall be required between the drive-through lane and any property line
145 adjoining a public street or residentially zoned property or property in residential use and
146 approved by the Community Development Department (Ord. 1443, 6-17-2013).The
147 applicant has proposed a screen fence and landscaping between the drive-through lane and
148 the public sidewalk adjacent to County Road C. The City Council has determined the screen
149 fencing shall be reduced to 6 feet in height and does not need to be as long as proposed. The
150 applicant shall work with the Planning Division on an acceptable final design with
151 augmented landscaping.
152 NOW THEREFORE BE IT RESOLVED, by the Roseville City Council to APPROVE
153 the requested Conditional Use for a fast-food restaurant with a drive-through for Starbucks at
154 2020 Twin Lakes Parkway, based on the submitted site and development plans, subject to the
155 following conditions:
156 a. The site, building, landscaping, and drive-through lane shall be constructed substantially
157 consistent with the plans submitted September 2, 2022, and provided as a component of the
158 report packet, unless otherwise revised to comply with Zoning Code standards.
159 b. The final screen fence design and location details will be finalized and approved with the
160 City Planner.
161 The motion for the adoption of the foregoing resolution was duly seconded by Council Member
162 _____ and upon vote being taken thereon, the following voted in favor: ______;
163 and ______ voted against.
164 WHEREUPON said resolution was declared duly passed and adopted.
165 Need signature page.
Page 4 of 4
REQUEST FOR COUNCIL ACTION
Date: October 24, 2022
Item No.: 10.d
Department ApprovalCity Manager Approval
Item Description:Approve Contract Amendment for Water Tower Maintenance Services for
Fairview Avenue Water Tower
1 B ACKGROUND
2 On February 24, 2014, the City Council approved the Water Tower Maintenance Service Contract
3(Attachment B) with SEH Design|Build. The original contract included rehabilitation of the existing
4 coating system on the interior and exterior of the tower. The agreement also covered inspections and
5 maintenance through 2018, but some work was delayed since the tower needed to remain in
6 operation. It was further delayed a few more years due to the pandemic, but SEH Design|Build has
7 agreed to extend the existing contract to fulfill the original contract requirementsand provide
8 additional future inspections and repairs.
9 The contract amendment extends the existing maintenance and rehabilitation contract out to
10 2027. The first year of the contract amendment, 2023,includes a new coating system on the
11 dry interiorof the tower. Additionally,an engineering analysisof the coating system and
12 overall inspection of the tank will be performed. General maintenance of the tank, including
13 pressure washing and minor repairs, will also be done at this time. The engineering and
14 maintenance done in 2023 are included in the original water contract. For years 2024-2026,
15 a visual inspection of the tower will take place. The last year of the contract in 2027 includes
16 another overall inspection and analysis of the coating system as well as general maintenance
17 of the tank, including pressure washing and minor repairs.
18 Overall this contract should help extend the life of the water tower through at least 2030
19 before more major repairs are neededto the coating system of the water tower.
20 P OLICY O BJECTIVE
21 The City operates and maintains a water system to provide a continuous supply of safe drinking
22 water to its residents. This requires significant capital investments in the system to ensure
23 continuous operation while maximizing the life of the assets.
24 F INANCIAL I MPACTS
25 The total project cost for this amendment is $462,400.00. The updated water fund capital
26 improvement plan includesa budget for the funds needed each year. The breakdown per
27 year is as follows:
28 2023 -$335,900
29 2024 -$9,500
30 2025 -$9,500
Page 1of 2
31 2026 - $9,500
32 2027 -$98,000
33 S TAFF R ECOMMENDATION
34 Staff recommends the City Council approve the Contract Amendment for Water Tower Maintenance
35 Services for Fairview Avenue Water Tower.
36 R EQUESTED C OUNCIL A CTION
37 Motion to approve the Contract Amendment for Water Tower Maintenance Services for Fairview
38 Avenue Water Tower.
Prepared by: Jesse Freihammer, Interim Public Works Director/City Engineer
Attachments: A: Contract Amendment for Water Tower Maintenance Services
B: Contract for Water Tower Maintenance Services
Page 2 of 2
October 14, 2022 RE: City of Roseville
WTMS Contract Amendment
SEH No. Des. Bld.-WTMS 14.00
Mr. Jesse Freihammer, PE
City Engineer / Assistant Public Works Director
City of Roseville, MN
2660 Civic Center Drive
Roseville, Minnesota 55113
Dear Mr. Freihammer:
SEH Design|Build (D|B), Inc is pleased to submit this contract amendment to our original water tank
maintenance services (WTMS) contract (originally dated February 24, 2014) to provide additional
coatings rehabilitation, maintenance, and inspection services on the Fairview Avenue water tank, in the
City of Roseville, Minnesota.
All work will be completed in accordance with our proposal for a Water Tank Maintenance Contract
Amendment, as dated October 4, 2022. We have attached the amended project schedule for the
proposed contract extension, scope (Exhibit A) and fees (Exhibit B) for our additional services in the
provided attachments, as referenced in our original master contract.
On behalf of Jana Nyhagen, and the rest of our tank maintenance team, we look forward to the
opportunity to provide our same level of service on your elevated water storage tank, for the next five
years.
Upon approval, please execute the contract extension with a signature at the bottom of this letter and
return to me at the address below. If appropriate, electronic signature and correspondence will work for
this transmittal. We will return a fully-executed copy of the contract extension authorization for your
records.
Should you have any questions or comments, please feel free to contact me.
Sincerely,
SEH DESIGN|BUILD, INC.
Jason P. Sprague, PE
Principal - Water Tank Maintenance Services
(Lic. MN)
Enclosure
c: Steven L. Peterson
®
Building a Better World for All of Us
SEH Design|Build, Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-3507
651.490.2000 | 800.325.2055 | 888.908.8166 fax | sehdb.com
Affirmative ActionÎEqual Opportunity Employer
Mr. Jesse Freihammer, PE
October 14, 2022
Page 2
Contract Amendment No. 1 for Water Tank Maintenance Services
Contract Amendment No. 1 to SEH Design|Build, Inc. Agreement (dated February 24, 2014) for Water
Tank Maintenance Services. This contract amendment is for a total of $462,400.00 and will be invoiced
in accordance with the schedule identified in Exhibit B.
Acceptance of Contract Amendment No. 1 Total Amount $462,400.00
__________________________________ ___________________________
Authorized Signature Authorized Signature
Printed Name: ________________________ Steven L. Peterson, PE (WI/KY)
City of Roseville, MN SEH Design|Build
President
Date: Date:
ROSEVILLE Î Amendment Cover Letter (10.14.22)
EXHIBIT A
SCHEDULE AND SCOPE OF SERVICES
MAINTENANCE PLAN YEAR
1.5-MG TOROSPHERE TANK
1 2 3 4 5 6 7 8 9 10
ROSEVILLE, MINNESOTA
2023 2024 2025 2026 2027 2028 2029 2030 2031 2032
REHABILITATION
New Coating System (Dry Interior)
¤
Quality Assurance Inspections
¤
VISUAL SURVEY
Coating Observation (Exterior)
¤ ¤ ¤
(Wet/Dry Interior)
¤ ¤ ¤
Accessory Observation
¤ ¤ ¤
Summary Statement
¤ ¤ ¤
GENERAL MAINTENANCE
Pressure Wash (Exterior)
¤
(Wet/Dry Interior)
¤
Spot Coating Repairs (Exterior)
¤
(Wet Interior)
¤
Minor Accessory Repairs
¤
Quality Assurance Inspections
¤
ENGINEERING EVALUATION
(Exterior)
¤
Coating Testing
and Analysis
(Wet/Dry Interior)
¤
Five-year AWWA Inspection
¤
Tank Accessories Inspection
¤
Report with Recommendations
¤
Delayed General Maintenance items to be completed under the terms of the initial water tank
maintenance contract, in 2023.
EXHIBIT A
SCHEDULE AND SCOPE OF SERVICES
Tank 1.5-MG Torosphere Tank
Name: Roseville, Minnesota
Year: 2023
Dry Interior (Coatings):
Remove the existing coating system on the dry interior surfaces to the equivalent of an
1.
SSPC-SP6 Commercial Blast Cleaning condition.
Apply one coat of zinc primer and two coats of epoxy to dry interior surfaces.
Years: 2024 to 2026
Yearly Visual Surveys:
1.
Full tank inspection (wet interior does not need to be drained).
Preparation of summary report.
Year: 2026
Exterior:
Pressure-wash exterior surfaces to remove contaminants, mildew, and scale.
Power-tool clean all failed/corroded areas on the exterior surfaces to an equivalent of an
1.
SSPC-SP3 Power Tool Cleaning condition.
Apply one coat of epoxy, and one coat of urethane with UV-protection to
exposed/prepared areas.
Wet Interior:
Pressure-wash all wet interior surfaces to remove contaminants and staining.
Power-tool clean all failed/corroded areas on wet interior surfaces to an equivalent of an
2.
SSPC-SP11 Power Tool Cleaning to Bare Metal condition.
Apply two coats of epoxy to all prepared areas in accordance with ANSI/NSF Standard
600.
Disinfect tank wet interior per AWWA C652.
Dry Interior:
Power-tool clean all failed/corroded areas on wet interior surfaces to an equivalent of an
3. SSPC-SP3 Power Tool Cleaning condition.
Apply two coats of epoxy to all prepared areas in accordance with AWWA Inside Paint
System No. 1.
Engineering Evaluation:
Inspection of the exterior and wet interior coating systems.
Wet interior will be drained to coincide with the wet interior pressure wash and coating
4.
repairs.
Tank accessories inspection.
Preparation of a report with recommendations.
EXHIBIT B
COMPENSATION SCHEDULE
Invoices will be prepared by SEH Design Build and submitted to the City of Roseville, upon the
completion of the identified work scope, in accordance with the schedule below:
Variable
Payment Plan
2023 $335,900
2024 $9,500
2025 $9,500
2026 $9,500
2027 $98,000
Totals: $462,400