HomeMy WebLinkAbout2009_0511_Packet6:00 p.m
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City Council Agenda
Monday, May 11, 2009
6:00 p.m.
City Council Chambers
(Times are Approximate)
1. Roll Call
2.
3.
Voting & Seating Order for
May: Roe, Johnson, Ihlan, Pust, Klausing
Approve Agenda
Public Comment
6:10 p.m. 4. Council Communications, Reports, Announcements and
Housing and Redevelopment Authority Report
6:15 p.m. 5. Recognitions, Donations, Communications
6:25.m. 6. Approve Minutes
a. Approve Minutes of Apri127, 2009 Meeting
6:30 p.m. 7. Approve Consent Agenda
a. Approve Payments
6:40 p.m
b. Approve General Purchases and Sales of Surplus Goods in
Excess of $5,000
c. Receive lst Quarter Financial Report
d. Approve Twin Lakes Right-of-Way Stipulation
Agreements
8. Consider Items Removed from Consent
9. General Ordinances for Adoption
10. Presentations
6:50 p.m. a. Joint Meeting with Planning Commission
Council Agenda - Page 2
7:30 p.m.
11.
12.
7:40 p.m.
8:10 p.m
b. 2008 Storm Water Report
Public Hearings
Business Items (Action Items)
a. Adopt Resolution to Approve Art Mueller request for a
Comprehensive Land Use Map Amendment, Rezoning,
and Approve General Concept Planned Unit Development
to redevelop the property at 2025 County Road B into a
Senior Living Community (PF09-002)
b. Authorize a Joint Fiber Optic Installation Project
8:30 p.m. c. Approve Wellington Management request for Rezoning
of 1126 Sandhurst Drive and 2167 Lexington Avenue to
Planned Unit Development (PUD) and Approve General
Concept PUD (PF09-003)
8:45 p.m
8:55 p.m
9:10 p.m
9:20 p.m
9:25 p.m
d. Approve 2009 Budget Adjustments, and
Consider Alternative Revenue Sources
13. Business Items — Presentations/Discussions
14.
15.
16.
a. Discuss Twin Lakes Code Enforcement
b. Discuss Recovery of Environmental Clean up Costs at
Twin Lakes
City Manager Future Agenda Review
Councilmember Initiated Items for Future Meetings
Adjourn
Some U comin PublicMeetin s.........
Tuesda Ma 12 7:00 .m. Human Ri hts Commission
Wednesda Ma 13 6:30 .m. Ethics Commission
Monda Ma 18 6:00 .m. Cit Council Meetin
Tuesda Ma 19 6:00 .m. Housin & Redevelo ment Authorit
Monda Ma 25 - Observation of Memorial Da Cit Offices Closed
Tuesda Ma 26 6:30 .m. Public Works, Environment & Transportation Commission
Tuesday Jun 2 6:30 p.m. Parks & Recreation Commission
Wednesda Jun 3 6:30 .m. Plannin Commission
Monda Jun 8 6:00 .m. Cit Council Meetin
All meetings at Roseville City Hall, 2660 Civic Center DriUe, Roseville, MN unless otherwise noted.
Date: 5/11/09
Item: 6.a
Minutes of 4/27/09
No Attachment
Department Approval
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Item Description
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REQUEST FOR COUNCIL ACTION
Approval of Payments
Date: 5/11/2009
Item No.: 7.a
Acting City Manager Approval
� .�: ��
BACKGROUND
State Statute requires the City Council to approve all payment of claims. The following summary of claims
has been submitted to the City for payment.
. ,
ACH Payments $281,591.08
54961-55092 $287,252.56
Total $568,843.64
A detailed report of the claims is attached. City Staff has reviewed the claims and considers them to be
appropriate for the goods and services received.
POLICY OBJECTIVE
Under Mn State Statute, all claims are required to be paid within 35 days of receipt.
FINANCIAL IMPACTS
All expenditures listed above have been funded by the current budget, from donated monies, or from cash
reserves.
STAFF RECOMMENDATION
Staff recommends approval of all payment of claims.
REQUESTED COUNCIL ACTION
Motion to approve the payment of claims as submitted
Prepared by: Chris Miller, Finance Director
Attachments: A: Checks for Approval Report
Page 1 of 1
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Department Approval
��. .�: ��
l�'�,
Jy
REQUEST FOR COUNCIL ACTION
Date: 5/11/09
Item No.: 7.b
Acting City Manager Approval
� .�: ��
Item Description: Request for Approval of General Purchases or Sale of Surplus Items
Exceeding $5,000
BACKGROUND
City Code section 103.05 establishes the requirement that all general purchases and/or contracts in
excess of $5,000 be approved by the Council. In addition, State Statutes require that the Council
authorize the sale of surplus vehicles and equipment.
General Purchases or Contracts
City Staff have submitted the following items for Council review and approval:
Sale of Surplus Vehicles or Equipment
City Staff have identified surplus vehicles and equipment that have been replaced and/or are no longer
needed to deliver City programs and services. These surplus items will either be traded in on replacement
items or will be sold in a public auction or bid process. The items include the following:
POLICY OBJECTIVE
Required under City Code 103.05.
FINANCIAL IMPACTS
Funding for all items is provided for in the current operating or capital budget.
Page 1 of 2
STAFF RECOMMENDATION
Staff recommends the City Council approve the submitted purchases or contracts for service and, if
applicable, authorize the trade-in/sale of surplus items.
REQUESTED COUNCIL ACTION
Motion to approve the submitted list of general purchases, contracts for services, and if applicable the
trade-in/sale of surplus equipment.
Prepared by: Chris Miller, Finance Director
Attachments: A: None
Page 2 of 2
Department Approval
��. .�: ��
Item Description:
l�'�,
Jy
REQUEST FOR COUNCIL ACTION
2009 lst Quarter Financial Report
Date: 5/11/09
Item No.: 7.c
Acting City Manager Approval
� .�: ��
BACKGROUND
In an effort to keep the Council informed on the City's fiscal condition, a comparison of the 2009 revenues
and expenditures for the period ending March 31, 2009 (unaudited) is shown below. This comparison is
presented in accordance with the City's Operating Sudget Policy, which reads (in part) as follows:
The Finance Department will prepare regular reports comparing actual expenditures to
budgeted amounts as part of the budgetary control system. These reports shall be
distributed to the City Council on a periodic basis.
The comparison shown below includes those programs and services that constitute the City's core functions
and for which changes in financial trends can have a near-term impact on the ability to maintain current
service levels. Programs such as debt service and t� increment financing which are governed by pre-
existing obligations and restricted revenues are not shown. In addition, expenditures in the City's vehicle
and equipment replacement programs are not shown as these expenditures are specifically tied to pre-
established sinking funds. Unlike some of the City's operating budgets, these sinking funds are not
susceptible to year-to-year fluctuations. In these instances, annual reviews are considered sufficient.
The information is presented strictly on a cash basis which measures only the actual revenues that have
been deposited and the actual expenditures that have been paid. This is in contrast with the City's audited
year-end financial report which attempts to measure revenues earned but not collected, as well as costs
incurred but not yet paid.
It should be noted that many of the City's revenue streams such as property t�es, are non-recurring or are
received intermittently throughout the year. This can result in wide revenue fluctuations from month to
month. In addition, some of the City's expenditures such as capital replacements are also non-recurring and
subject to wide fluctuations. To accommodate these differences, a comparison is made to historical results
to identify whether any new trends exist.
Page 1 of 14
Citywide Revenue & Expenditure Comparison
The following table depicts the 2009 revenues and expenditures for the fiscal period ending March 31,
2009 for the City's core programs and services.
Revenues
General property taxes
Intergovernmental revenue
Licenses & permits
Charges for services
Fines and forfeits
Cable franchise fees
Rentals / Lease
Donations
Interest earnings
Miscellaneous
Total Revenues
Expenditures
General government
Public safety
Public works
Information technology
Communications
Recreation
Community development
License Center
Sanitary Sewer
Water
Storm Drainage
Golf Course
Recycling
Total Expenditures
2009 2009 % %
Bud�et Actual Actual Norm. Diff.
$ 10,768,860 $ - 0.0% 0.0% 0.0%
864,000 129,523 15.0% 13.5% 1.5%
1,332,400 105,837 7.9% 18.4% -10.5%
16,168,650 1,491,864 9.2% 10.2% -1.0%
286,000 33,518 11.7% 18.0% -6.2%
322,500 - 0.0% 0.0% 0.0%
325,675 106,375 32.7% 47.9% -15.2%
38,500 510 1.3% 3.4% -2.1%
434,860 - 0.0% 0.0% n/a
508,550 33,501 6.6% 17.0% -10.4%
$ 31,049,995
2009
Bud�et
$ 1,716,800
7,750,975
2,385,375
961,680
323,500
3,750,045
1,317,055
1,245,375
4,085,000
5,624,950
1,457,575
404,200
357,550
$ 31,380,080
$ 1,901,128 6.1%
2009
Actual
$ 392,130
1,673,301
509,062
159,109
137,113
682,502
258,570
208,022
824,304
589,556
33,196
28,369
113,915
$ 5,609,149
%
Actual
22.8%
21.6%
21.3%
16.5%
42.4%
18.2%
19.6%
16.7%
20.2%
10.5%
2.3%
7.0%
31.9%
17.9%
7.4% -1.2%
%
Norm. Diff.
19.2%
23.8%
24.6%
25.8%
45.9%
19.9%
20.6%
19.4%
20.3%
10.0%
14.5%
13.5%
29.3%
19.7%
3.7%
-2.2%
-3.3%
-9.3%
-3.5%
-1.7%
-1.0%
-2.7%
-0.1 %
0.5%
-12.2%
-6.5%
2.6%
-1.8%
Table Comments:
❖`% Actual' column depicts the percentage spent compared to the budget
❖`% Norm' column depicts the percentage of expenditures we normally incur during this period as measured over the
previous 3 years
❖`Diff' column depicts the difference between the percentage actually spent and the percentage we typically incur. A
percentage difference of 10% or more in this column would be considered significant
Page 2 of 14
Revenue and Expenditure Comments
Overall, revenues and expenditures were slightly lower than expected. Licenses and Permit revenue were
significantly lower reflected the continued downturn in the economy. Rental and Lease revenue were also
lower partially due to the timing of collections. Most operating divisions experienced lower than expected
expenditures resulting from personnel vacancies and a reduction in employee training. Lower equipment
and other capital replacements also contributed to the decline.
Final Comments
The City's overall financial condition remains strong, but the sustained economic downturn could result in
the loss of state aid, lower license and permit revenues, and diminished interest earnings.
Page 3 of 14
General Fund Summary
The following table depicts the 2009 financial activity for the General Fund for the fiscal period ending
March 31, 2009 (unaudited).
Revenues
General property taxes
Intergovernmental revenue
Licenses & permits
Charges for services
Fines and forfeits
Donations
Interest earnings
Miscellaneous
Total Revenues
Expenditures
General government
Public safety
Public works
Other
Total Expenditures
2009
Bud�et
$ 8,910,360
864,000
282,400
1,050,000
286,000
257,360
125,000
2009
Actual
$ -
129,523
19,987
8,335
33,518
2,337
$ 11,775,120 $ 193,701
$ 1,716,800 $ 392,130
7,750,975 1,673,301
2,385,375 509,062
% %
Actual Expect. Diff.
0.0%
15.0%
7.1%
0.8%
11.7%
0.0%
0.0%
1.9%
0.0%
13.5%
5.4%
16.3%
18.0%
0.0%
0.0%
3.2%
0.0%
1.5%
1.7%
-15.6%
-6.2%
n/a
n/a
-1.3%
1.6% 3.1% -1.5%
22.8% 19.2% 3.7%
21.6% 23.8% -2.2%
21.3% 24.6% -3.3%
n/a n/a n/a
$ 11,853,150 $ 2,574,493 21.7% 23.3% -1.5%
Comments:
General Fund revenues and expenditures were near expected levels. Notable exceptions include:
1) Charges for services revenue was lower than expected due to delayed allocation of internal service
charges.
The primary concerns for the General Funds' financial condition include the pending loss of state aid and
the potential for less than expected interest earnings due to the continued economic downturn. The City
should also be concerned about the General Fund's overall reserve levels which have dropped to 31 % of the
annual operating budget. This is well below the 50% amount prescribed by Council-adopted policies and
industry-recommended standards.
Page 4 of 14
Information Technology Fund Summary
The following table depicts the 2009 financial activity for the Information Technology Fund for the fiscal
period ending March 31, 2009 (unaudited).
Revenues
Charges for services
General property t�es
Rentals / Lease
Miscellaneous
Total Revenues
Expenditures
Information technology
Other
Total Expenditures
2009
Bud�et
$ 564,005
50,000
272,675
75,000
$ 961,680
2009
Actual
$ 117,816
94,881
4,500
$ 217,197
% %
Actual Expect. Diff.
20.9% 16.7% 4.2%
0.0% 0.0% 0.0%
34.8% 52.0% -17.2%
6.0% 5.3% 0.7%
22.6% 26.8% -4.2%
961,680 159,109 16.5% 25.8%
- - n/a n/a
$ 961,680 $ 159,109 16.5% 25.8%
-9.3%
n/a
-9.3%
Comments:
Information Technology revenues and expenditures were lower than expected. Rental and Lease revenue
was lower than expected due to the timing of collection efforts. Expenditures were also lower due to lower
overall investments in IT assets compared to prior years.
The Information Technology Fund is expected to continue to face challenges in meeting unmet citywide
needs. Current funding sources are insufficient to replace city equipment at the end of their useful lives. In
addition, the Fund has no cash reserves rendering it unable to provide for any new initiatives. A computer
replacement charge to other funds is expected to be recommended with the 2010 Sudget to improve the
Fund's financial stability.
Page 5 of 14
Communications Fund Summary
The following table depicts the 2009 financial activity for the Communications Fund for the fiscal period
ending March 31, 2009 (unaudited).
Revenues
Cable franchise fees
Interest earnings
Miscellaneous
Total Revenues
Expenditures
Communications
Other
Total Expenditures
2009
Bud�et
$ 322,500 $
1,000
$ 323,500 $
2009
Actual
% %
Actual Expect. Diff.
0.0% 0.0% 0.0%
0.0% 0.0% 0.0%
n/a n/a n/a
0.0% 0.1% -0.1%
$ 323,500 $ 137,113 42.4% 45.9% -3.5%
- - n/a n/a n/a
$ 323,500 $ 137,113 42.4% 45.9% -3.5%
Comments:
Communications Fund revenues and expenditures were near expected levels but comparable to prior years.
Typically, the City does not receive its first share of cable franchise fees until the 2"d Quarter.
The Communications Fund is currently in good financial condition with a cash reserve of $184,000 or 64%
of the annual operating budget. However, the uncertainty of future cable franchise fees, such as the
abolishment of local franchising authority, may warrant the development of a contingency plan in the event
this revenue stream ceases.
Page 6 of 14
Recreation Fund Summary
. The following table depicts the 2009 financial activity for the Recreation Fund for the fiscal period ending
� March 31, 2009 (unaudited).
Revenues
General property taxes
Charges for services
Rentals / Lease
Donations
Interest earnings
Miscellaneous
Total Revenues
Expenditures
Recreation
Other
Total Expenditures
2009 2009 % %
Bud�et Actual Actual Expect. Diff.
$ 1,858,500 $ - 0.0% 0.0% 0.0%
1,749,495 368,009 21.0% 26.0% -4.9%
53,000 11,495 21.7% 28.6% -6.9%
38,500 510 1.3% 3.4% -2.1%
6,500 - 0.0% 0.0% 0.0%
44,050 5,938 13.5% 54.6% -41.1%
$ 3,750,045 $ 385,952 10.3% 13.2% -2.9%
3,750,045 682,502 18.2% 19.9% -1.7%
- - n/a n/a n/a
$ 3,750,045 $ 682,502 18.2% 19.9% -1.7%
Comments:
Recreation Fund revenues and expenditures are at expected levels. Revenues were slightly lower due to
reduced program fees and facility rentals. Expenditures were lower due to personnel vacancies.
The Recreation Fund is currently in fair financial condition with a cash reserve of $429,000 or 12% of the
annual operating budget. The Council-adopted policy recommends a reserve level of 25%. Additional
reserves will be needed to ensure program stability. Absent the elimination of some non-fee programs,
additional property t�es remain the most viable option for improving the overall condition.
Page 7 of 14
Community Development Fund Summary
. The following table depicts the 2009 financial activity for the Community Development Fund for the fiscal
� period ending March 31, 2009 (unaudited).
1
1
1
1
1
1
1
1
1
Revenues
Licenses & permits
Charges for services
Fines and forfeits
Interest earnings
Miscellaneous
Total Revenues
2009 2009 % %
Bud�et Actual Actual Expect. Diff.
$ 1,050,000 $ 85,850 8.2% 22.6% -14.5%
- 4,989 0.0% 0.0% n/a
- - 0.0% 0.0% n/a
10,000 - 0.0% 0.0% 0.0%
130,000 5,218 4.0% 15.0% -11.0%
$ 1,190,000 $ 96,057 8.1% 22.0% -13.9%
Expenditures
Community development 1,317,055 258,570 19.6% 20.6% -1.0%
Other - - n/a n/a n/a
Total Expenditures $ 1,317,055 $ 258,570 19.6% 20.6% -1.0%
Comments:
Community Development Fund revenues are below expected levels resulting from less building activity and
corresponding Licenses and Permit revenues. Expenditures are at near levels.
The Community Development Fund is currently in good financial condition with a cash reserve of
$404,000 or 33% of the annual operating budget. However the City needs to remain mindful of current
economic conditions and the viability of redevelopment opportunities. A sustained slowdown in housing
and/or commercial development will impact the Fund's ability to sustain current staffing and service levels.
Page 8 of 14
License Center Fund Summary
. The following table depicts the 2009 financial activity for the License Center Fund for the fiscal period
� ending March 31, 2009 (unaudited).
2009 2009 % %
Bud�et Actual Actual Expect. Diff.
Revenues
Charges for services $ 1,245,375 $ 148,495 11.9% 21.3% -9.4%
Miscellaneous - - n/a n/a n/a
Total Revenues $ 1,245,375 $ 148,495 11.9% 21.3% -9.4%
Expenditures
License Center operations 1,245,375 208,022 16.7% 19.4% -2.7%
Other - - n/a n/a n/a
Total Expenditures $ 1,245,375 $ 208,022 16.7% 19.4% -2.7%
� Comments:
� License Center Fund revenues are down significantly due to the continued downturn in the local economy.
� New and used car sales have decreased which in turn results in less titling fees at the License Center. In
� addition, consumer demand for passports has also waned due to reduced travel to other countries.
� Expenditures are below expected levels due to a reduction in hours and wages from part-time employees as
� well as leaving a budgeted full-time position vacant.
1
� The License Center Fund is currently in good financial condition with a cash reserve of $306,000 or 29% of
� the annual operating budget. However the City needs to stay cognizant of increased competition from other
� area licensing centers, as well as new federal or state mandates that could result in higher operating costs.
� A sustained economic downturn also poses a risk.
1
Page 9 of 14
Sanitary Sewer Fund Summary
. The following table depicts the 2009 financial activity for the Sanitary Sewer Fund for the fiscal period
� ending March 31, 2009 (unaudited).
Revenues
Charges for services
Interest earnings
Miscellaneous
Total Revenues
Expenditures
Sanitary Sewer operations
Other
2009 2009
Bud�et Actual
$ 3,985,000 $ 319,637
100,000 -
$ 4,085,000 $ 319,637
4,085,000 824,304
Total Expenditures $ 4,085,000 $ 824,304
% %
Actual Expect. Diff.
8.0% 5.5% 2.5%
0.0% 0.0% 0.0%
n/a n/a n/a
7.8% 5.4% 2.4%
20.2% 20.3% -0.1%
n/a n/a n/a
20.2% 20.3% -0.1%
� Comments:
� Sanitary Sewer Fund revenues are above expected levels due to timing differences in billing out lst quarter
� charges as compared to previous years. Expenditures are near expected levels.
1
� The Sanitary Sewer Fund is currently in good financial condition with a cash reserve of $2.9 million or
� 84% of the annual operating budget. An internal loan of $450,000 has been made to the Water Fund to
cover that fund's prior-period operating losses.
Page 10 of 14
Water Fund Summary
. The following table depicts the 2009 financial activity for the Water Fund for the fiscal period ending
� March 31, 2009 (unaudited).
1
1
1
1
1
1
1
1
1
Revenues
Charges for services
Interest earnings
Miscellaneous
Total Revenues
2009 2009 % %
Bud�et Actual Actual Expect. Diff.
$ 5,620,950 $ 355,016 6.3% 3.4% 2.9%
2,000 - 0.0% 0.0% 0.0%
2,000 2,935 146.8% 124.8% 21.9%
$ 5,624,950 $ 357,951 6.4% 3.4% 2.9%
Expenditures
Water operations 5,624,950 589,556
Other - -
Total Expenditures $ 5,624,950 $ 589,556
10.5% 10.0% 0.5%
n/a n/a n/a
10.5% 11.3% -0.8%
Comments:
Water Fund revenues are above expected levels due to timing differences in billing out lst quarter charges
as compared to previous years. Expenditures are near expected levels.
The Water Fund is currently in poor financial condition with no cash reserves. Although a positive
operating surplus was realized in 2007 and 2008, an internal loan of $450,000 has been made from the
Sanitary Sewer Fund to the Water Fund to cover prior period operating losses. Future rate increases will be
needed to repay the internal loan and to offset projected increases in operational and capital replacement
COStS.
Page 11 of 14
Storm Sewer Fund Summary
. The following table depicts the 2009 financial activity for the Storm Sewer Fund for the fiscal period
� ending March 31, 2009 (unaudited).
Revenues
Charges for services
Interest earnings
Miscellaneous
Total Revenues
2009 2009 % %
Bud�et Actual Actual Expect. Diff.
$ 1,402,575 $ 97,659 7.0% 10.3% -3.3%
50,000 - 0.0% 0.0% 0.0%
5,000 10,850 217.0% n/a n/a
$ 1,457,575 $ 108,509 7.4% 9.4% -2.0%
Expenditures
Storm Drainage operations 1,457,575 33,196
Other - -
Total Expenditures $ 1,457,575 $ 33,196
2.3% 14.5% -12.2%
n/a n/a n/a
2.3% 14.5% -12.2%
� Comments:
� Storm Sewer Fund revenues are near expected levels. Expenditures are below expected levels due to lower
� capital replacement costs compared to prior years during the same period.
1
� The Storm Sewer Fund is currently in excellent financial condition with a cash reserve of $2.5 million.
� This reserve level is expected to decline over the next 10 years due to planned capital improvements.
Future rate increases will partially offset the draw down of reserves.
Page 12 of 14
Golf Course Fund Summary
. The following table depicts the 2009 financial activity for the Golf Course Fund for the fiscal period
� ending March 31, 2009 (unaudited).
1
1
1
1
1
1
1
1
1
Revenues
Charges for services
Interest earnings
Miscellaneous
Total Revenues
Expenditures
Golf Course operations
Other
Total Expenditures
2009 2009 % %
Bud�et Actual Actual Expect. Diff.
$ 393,700 $ 25,799 6.6% 3.5% 3.0%
8,000 - 0.0% 0.0% 0.0%
2,500 914 36.5% 17.5% 19.1%
$ 404,200 $ 26,712 6.6% 3.5% 3.1%
404,200 28,369 7.0% 13.5% -6.5%
- - n/a n/a n/a
$ 404,200 $ 28,369 7.0% 13.5% -6.5%
Comments:
Golf Course Fund revenues were nominally higher than expected, whereas expenditures were lower.
Revenues and expenditures can fluctuate greatly from year to year depending on the length of the golfing
season and the number of paid rounds.
The Golf Course Fund is currently in good financial condition with a cash reserve of $365,000 or 106% of
the annual operating budget. However it does not have sufficient funds to replace the clubhouse and
maintenance facilities at the end of their useful life. Future green fee increases will be needed to offset
projected increases in operational and capital replacement costs.
Page 13 of 14
Recycling Fund Summary
. The following table depicts the 2009 financial activity for the Recycling Fund for the fiscal period ending
� March 31, 2009 (unaudited).
Revenues
Intergovernmental revenue
Charges for services
Miscellaneous
Total Revenues
Expenditures
Recycling operations
Total Expenditures
2009 2009 % %
Bud�et Actual Actual Expect. Diff.
$ 75,000 $ 34,818 46.4% 57.3% -10.9%
157,550 46,109 29.3% 40.7% -11.4%
125,000 809 n/a n/a n/a
$ 357,550 $ 81,736 22.9% 52.8% -30.0%
357,550 113,915 31.9% 29.3% 2.6%
$ 357,550 $ 113,915 31.9% 29.3% 2.6%
� Comments:
� Recycling Fund revenues were lower than expected due to the timing of collecting revenue sharing
� proceeds from the recycling contractor. Expenditures were slightly lower than expected but comparable to
� the previous year's levels.
L
� The Recycling Fund is currently in poor financial condition, with a cash reserve of $26,000 or 6% of the
� annual operating budget. Future rate increases will be needed to offset projected increases in operational
L COStS.
L
� Final Comments
� The City's overall financial condition remains strong; however a couple of concerns should be noted. First,
� it is expected that the City will lose $400,000 in state aid for 2009. In addition, a sustained economic
� downturn will result in lower investment earnings and lower licenses and permit revenues. In addition, the
� City's cash reserve levels in key operating units and asset replacement funds are below recommended
� levels and should be addressed with future budgets.
L
L
L
L
L
L
L
POLICY OBJECTIVE
The information presented above satisfies the reporting requirements in the City's Operating Sudget Policy.
FINANCIAL IMPACTS
Not applicable.
STAFF RECOMMENDATION
Not applicable.
REQUESTED COUNCIL ACTION
No formal Council action is requested. The financial report is presented for informational purposes only.
Prepared by: Chris Miller, Finance Director
Attachments: A: None
Page 14 of 14
Department Approval
� � IF
Item Description:
BACKGROUND
l�'�,
Jy
REQUEST FOR COUNCIL ACTION
Date: 5/11/09
Item No.: 7.d
Acting City Manager Approval
� � �
Approve Stipulation Agreement with Roseville Acquisitions regarding the
acquisition of property for the Twin Lakes Phase I infrastructure project.
On March 9, 2009, the Roseville City Council authorized the use of "quick take" eminent domain for
the purchase of the necessary land to construct the Phase I infrastructure in the Twin Lakes
Redevelopment Area. Under "quick take", the City would be able to take possession of the land at the
beginning of August.
Since the Twin Lakes Phase I infastructure project is schedule to commence at the beginning of July, it
is important that the City obtains title to the land earlier than August. While it is still possible to start
the construction without all of the property (the City currently has portions of existing right-of-way) in
hand, it does make it more difficult from a staging and scheduling perspective and could potentially
raise the costs.
Therefore, as the City Attorney has been preparing the paperwork to file the "quick take" action, City
staff and WSS and Associates; the city's property acquisition consultant; have been working with the
property owners to have them agree to a stipulation that would allow the City acquire title to the land
earlier than the 90-day period under "quick take". The purpose of the stipulation is to acknowledge that
the property owner agrees that there is "public purpose" for the project and waives any objection
regarding to the eminent domain action. The stipulation also waives the right for a 60-day review of
the appraisal and will allow for the transfer of title for the property on June 15, 2009. Roseville
Acquisitions (aka Roseville Properties) has agreed to a stipulation as described above. (Attachment A)
POLICY OBJECTIVE
The action being considered will lead to the construction of infrastructure in the Twin Lakes
redevelopment area. Twin Lakes has long been indentified in the Roseville Comprehensive Plan as in
important redevelopment area for the City.
FINANCIAL IMPACTS
As part of the condemnation proceedings, the City is required to deposit an amount equal to the
appraised value of the property in question with the court. The property owner is then paid the
appraised amount once the transfer of title occurs. In this instance, the City will deposit $2,082,700
(the appraisal amount) with the courts. This amount does not represent the final settlement. The final
Page 1 of 2
amount paid will be dependent on the final negotiated amount or will be determined by the
condemnation proceedings if negotiations fail.
STAFF RECOMMENDATION
Staff recommends that the City enters into the stipulation agreement with Roseville Acquisitions.
REQUESTED COUNCIL ACTION
Motion to enter into the stipulation agreement with Roseville Acquisitions regarding the purchase of
property for the Twin Lakes Phase I Infrastructure project.
Prepared by: Patrick Trudgeon, Community Development Director
Attachments: A: Stipulation Agreement with Roseville Acquisitions
Page 2 of 2
S�TATE OF MINNE�S07'A
COUNTY OF RAMSEY
Cify of Roseville,
Petitioner,
v.
XT'l�A Lease, �nc., Roseville Acquisitians,
LLC, �ikovsky Management, LLC, PIK
Terrninal Company, T3arso Building Company,
LLP, Anchor Bank Saint Paul, N.A., The
Security State Bank, Ramsey County, and
State of Minnesota,
Respondents.
Attachment A
DISTRICT COURT
S�COND JUDICIAL DISTRICT
CASE TYP�: Condemnation
Court File No.
S'T'IPULATION AGREElV�EN7`
THIS STIPULATZON AC�REEMENT is entered into by and beti�een the City ofi
Roseville (hereafter referred to as "Petitianer") and Responc�ents Roseville Acquisitions,
LLC, Anchor Bank Saint Paul, N.A., Rariisey County, and State of Minnesota.
Recitals
WHEREAS, �he above entitled-actian w�s commenced pursuant to Minnesata
Statutes Chapter 117, as amended, for condemnation �f the real propert� {"Property"}
which is legalIy described in Exhibit A; which is at�ached and incorporated in this
Agreement; and
WHEREAS, the Property is owned in fee simple by Roseville Acquisitions, LL,C,
subject to certain encum�ranc�s, and
WHEREAS, Petitioner will or has commenced candemnation proceedings to
acquire the Praperty, but the Petiiioner has need of immediate title and possessian of the
Property to facilitate public roadway improvemenfs an the Property; and
WHEREAS, Petitioner's Petition for candem�at�on includes acquisiti�n of fee
title, and �emporary construc�ian and building demolition easements over, under and
across the Property; and
WHEREAS, it is the desire of the parties hereto that this Agreement refiecf the
total understanding between them for the present conveyance of title to the Property ta
Peiitioner and the immediate transfer of possession thereof ta the Pefitioner to
accommodate said public roadway i�nprovements; and
WHEREAS, it is the desire af the parties ta provide for the depasit of the
Petitioner's appraisal of value of $2,Q82,740 to the �amsey Cou:nty District Court as
present consideration for the taking of the Property with the understanciing that the actual
consideration to be paid by the 1'eti�ioner shall be d�termined in said condemnation
proceedings.
NOW, THEREFORE, IT TS AGI2EED AND STI�ULATED hy and between the
parties hereta as follows:
1. Respondents �oseville Acquisitions, LLC, Anchor Banl� Saint l�aul, N.A.,
Ramsey County, and State of Minnesota hereby stipulate to the public purpose of the
acquisition by the P'etitianer of the Property and the condemnatian proceedings that have
been or are to be commenced by the Petitioner with respect thereto.
2
2. Respandenis Roseville Acquisitions, LLC, Anchor Banl� Saint Paul, N.A.,
Ramsey County, and State of Minnesota her�by wai�e any and all objections to the
Petition filed by the City of Roseville to acq�ire �he Property and the rig�t to ninety {90)
days notice priar to the date on wh�ich possession is �o �e taken, as required by Minn.
Stat. § I17.d42.
Respondent Roseville Acquisitions, LLC, hereby acknowledges its receipt
of Petitioner's appraisal for the properiy proposed �o be acquired and hereby waives the
right to sixty (60) days �otxc� before fhe 1'etitian is presented, as required by Minn. Stat:
§ 117.036.
�. Respondents Roseville Acqufsitions, L�C, Anchor Bank Saint Paul, N.A.,
Ramsey Ca��ty; and State of Minnesa�a hereby grant Petitioner the fu11 righf of
possession to the Property on June 15, 2009, and the full ti#le to the Property upon Court
approval a� �he Petition and Petitioner's de�osit of the appzaisal of value as pravided
herein.
5. Respondent Roseville Acquisitions, LLC represents tlaat the Property is
occupied only by itself and that it is the only owner of said Praperty, as the term "owner"
is defined �n Minnesota Statutes sectian 117.025, except as follows:
Special Assessments:
Real Estate Taxes:
Easeinent Interests:
�testrictive Covenant:
�Z
City of Roseville
Ramsey County
Ramsey County
State of Mini�esata
Anch�r �ank Saint Pau�, N.A.
6. It is agreed that: (a) Respondents shall not be esfopped by this Agreement
from asserting their rights to receive additional consideration in s�id condemnation
3
proceedings in excess of that paid herein for the Property, and (1�} the Petitioner shall
commence the ta�ing of the Praperty by e�ninent domain proceedings as a means of
determining the fair market value o� the Property.
7.
:
0
This Agreement may be executed in counterpax-is.
This Agreement sh�ll be governed by Minnesota law.
This Agree�nent sha�l inure to and bii�d the parties hereta an.d their
respective heirs, legal representa�ives; successors and assigns.
IN WITNESS WHEREO�, the parties hereto have causeci this Stipulatian
Agreement ta be executed as of the date set forth below.
Dated: S -� , 2009
Dated: � , Zaa�
RESPONDENT: ROSEVILL.�
ACQUISIT�4NS, LLC
By
Its:
RESPONL��NT: ANCHOR BANK
SAINT PAUL, N.A.
By:
Yts: [�i � r�s �s-
Dated: . 2009 RESPONDENT: RA1V.�SEY COUNTY
By:
�ts:
��
I7ated: , 2009 RESPONDENT: STATE OF MYNN�SOTA
By:
Its:
Dated� , 2009 PETITIONER: CTT� O� ROSEVILLE
Dated:
RRM: 130687
By:
zts:
RAT'bVIK, ROSZAK & MALQNEY, P.A.
�
Jay T. Squires
Attorney Reg. Na. Z04699
Eric J. Quiring
Att�rney Reg. No. 0313129
300 U.S. Trust Building
730 Second Avenue South
Minneapolis, MN 55402
(612) 339-04b0
ATT�RN�YS FOR PETITIONER
��
Department Approval
��
l�'�,
Jy
REQUEST FOR COUNCIL ACTION
Date: 5/11/09
Item No.: 10.a
Acting City Manager Approval
�� �
Item Description: Joint Meeting between the Roseville Planning Commission and the City Council
BACKGROUND
The City Council meets annually with the Planning Commission to discuss matters related to land use,
planning, and development. The Planning Commission has indicated that they would like to discuss
their role in the zoning code rewrite with the City Council. They also would like to receive feedback
from the City Council regarding the Planning Commission's work in the past year.
REQUESTED COUNCIL ACTION
Provide direction to the Planning Commission on issues of mutual interest including land use,
development and the zoning code.
Prepared by
Attachments
Pat Trudgeon, Community Development Director (651) 792-7071
None
Page 1 of 1
l�'�,
Jy
REQUEST FOR COUNCIL ACTION
Department Approval
�-.
Item Description: 2008 Storm Water Report
Date: 5/11/09
Item No.: 10.b
Acting City Manager Approval
���
BACKGROUND
The City's Comprehensive Surface Water Management Plan, requires staff to provide a brief annual report to
summarize development changes, capital improvements, and other surface water management related issues that
have occurred over the past year. The report contains an in-depth discussion of the storm water issues that staff
has worked through during the course of the year. This allows the City to better plan for future storm water
needs.
Attached is the 2008 Storm Water Report describing the storm water related changes that occurred throughout the
City last year. These changes include problem areas updates, City projects in addition to redevelopment and
development projects.
Staff would also like to add one additional action item to the City's 2009 work plan. Last week, staff finalized a
quote from Norseman Plastics to purchase 130 Rain Barrels for $55 each. Staff proposes to market and sell these
rain barrels to interested residents for $55 plus tax. This initiative is consistent with the City Council's IR2025
short term priorities.
POLICY OBJECTNE
These improvements recommended for inclusion in the 2009 storm water work plan are in keeping with the City of
Roseville's commitment to help the environment. These projects would retrofit storm water problem areas with BMPs
that would reduce the volume of runoff, while treating pollutants at the source.
� FINANCIAL IMPACTS
, The City annually budgets for storm water system improvements in the Storm Water Utility. It is anticipated
� that 2009 storm water work plan items be funded using Storm Water Utility funds.
� STAFF RECOMMENDATION
, Discuss the 2008 Storm Water Report and provide staff with feedback on proposed 2009 action items presented as
� a part of the 2008 Storm Water Report.
� REQUESTED COUNCIL ACTION
Discuss 2008 Storm Water Report and approve the 2009 Staff storm water action items.
Prepared by: Debra Bloom, City Engineer
Attachments: A: 2008 Storm Water Report
B: Location Map
C: Rain Barrel information
Page 1 of 1
Attachment A
�1�, �
�
Public Works
Department of Engineering
II:
Storm Water
Annual Report
Prepared by: Debra Bloom
Assistant Public Works Director
City of Roseville
L Introduction
2 One part of the City's Comprehensive Surface Water Management Plan (CSWMP), is for
3 staff to provide a brief annual report to summarize development changes, capital
4 improvements, and other water management related issues that have occurred over the
5 past year. In the past, this has been completed as a part of the SWPPP Annual Report. In
6 the interest of providing a more in depth discussion of the storm water issues that staff
7 has worked through during the course of the year, we are providing this as a separate
8 document. This will allow us to include more information and enable us to better plan
9 for future storm water needs.
10 City staff keeps track of the maj ority of the rainfalls that occur within the City. This is
11 accomplished through a gauge at the Maintenance Building. We have included this
12 information at the end of this report.
13 The report includes the following sections; CSWMP Problem Area Updates, 2008 New
14 Problem Areas, 2008 City Proj ects, 2008 Redevelopment Proj ects, and Other Drainage
15 Concerns.
16 IL CSWMP Problem Area Updates
17 Five problem areas were identified as a part of the 2003 CSWMP. Over the past 4 years
18 we have been able to address some of these areas through additional study or construction
19 proj ects. Some of the issues that were identified have been resolved while others have
20 developed new concerns. We now have nine problem areas. What follows is a summary
21 of the status of these problem areas.
22 A. Area 1- Avon- Brenner.
23 Over the years, the City has made a number of improvements in this area to address street
24 flooding and increase the pollutant removal efficiency within the Charlie Pond
25 subwatershed of Lake Owasso. Changes in subwatershed boundaries, the addition of the
26 Valley Park ponds, new outlets, and larger pipes have all played a role in improving the
27 drainage for the area.
28 As recently as 6 years ago there were 13 vacant lots in this neighborhood. In the last 6
29 years, 7 of these lots have been developed as single family homes. 6 of these lots are
30 located along the south side of Brenner Avenue west of Millwood Avenue. As these lots
31 continue to be developed, renewed neighborhood concern has been expressed about the
32 need for additional storm water improvements for this subwatershed. One of these vacant
33 lots is between 812 and 800 Brenner Avenue and has a low area that drains into the
34 City's system. To determine the role that this lot plays in the updated overall storm water
35 system, a new XP-SWMM model was created by URS in 2006.
36 Action to date:
37 This analysis allowed us to evaluate the performance of the system during intense storm
38 events and determine how incremental improvements would impact the elevation of
39 flooding within rear yards, low areas, and intersections in this neighborhood. As a result
40 of this analysis, the following improvements were constructed in 2007:
41 Brenner Street
42 • Runoff from the wetland on the vacant lot west of 800 Brenner was redirected to
43 storm sewer which flows directly to Lake Owasso, allowing for additional capacity in
City of Roseville
2008 Storm Water Annual Report Page 2 of 14
44 the Charlie Pond pipe.
45 Millwood Avenue
46 • Yard catch basins at 815 Millwood were disconnected from the storm sewer that
47 flows to Charlie Pond pipe and connected to the storm sewer that flows to Lake
48 Owasso, allowing for additional capacity in the Charlie Pond pipe.
49 • A new connection was made between the manhole in the boulevard at 820 Millwood
50 and the manhole in the boulevard of 819 Millwood. This new pipe serves as a relief
51 for high flow conditions, allowing for the low point to drain faster.
52 Avon Street
53 • The existing catch basins at 3075 and 3074 Avon were replaced with larger grates and
54 an additional catch basin was constructed at 3081 Avon to increase inlet capacity.
55 Recommended 2009 action:
56 The final recommendation from the drainage study was to purchase the vacant lot at 806
57 Brenner Avenue. City Council authorized staff to start negotiations on July 17, 2007.
58 We are continuing to work with the Reiling trust on the acquisition of this lot.
59
60
61
62
63
64
65
B. Area 2- St. Rose of Lima Area
The intersection of Dellwood and Skillman Avenue, located near St. Rose of Lima
Church, experiences street flooding during periods of intense precipitation. Runoff from
approximately 14.5 acres of residential land use is tributary to this intersection either
directly or via the storm sewer along Dellwood and Skillman Avenues. In addition,
runoff from a portion of the St. Rose of Lima property is tributary via the Dellwood
Avenue storm sewer, adding about 5.7 acres of mostly impervious surface.
66 An analysis of the existing trunk system indicated it can handle a 2 year rain event. As a
67 result, during intense rainfall events, the trunk system experiences surcharge, thereby
68 causing the intersection to flood to a 1.9 foot depth.
69 The CSWMP recommended a two tier solution for this street flooding problem.
70 Option 1: Construct a pond in the storm water retention on the St. Rose of Lima site. The
71 site is approximately 28% of the total tributary area, and contributes 39% of the total
72 runoff volume. Just implementing this option reduces the intersection flooding to 1.6
73 feet. Estimated cost: $148,159.
74 Option 2: Expand the pond in Mayflower Park and construct a parallel storm sewer to
75 direct runoff from the intersection to the expanded pond. This would effectively turn this
76 neighborhood park into a storm sewer retention pond. 7ust implementing this option
77 reduces the intersection flooding to 1.0 foot. Estimated cost: $549,678.
78
79
:1
.
.
.
Options 1& 2: implementing both options would eliminate the intersection flooding.
Estimated cost: $697,837.
Action to date:
We have not done any additional work in this problem area. Staff feels that due to
impacts to the neighborhood park, any proposed solution would involve extensive public
participation.
City of Roseville
2008 Storm Water Annual Report
Page 3 of 14
84 C. Area 3: South Owasso Blvd (Ladyslipper Park)
85 As a part of the 2006 S. Owasso Blvd Reconstruction project, the City completed the
86 improvements to the storm water runoff being discharged into Ladyslipper Park.
87 Between Rice Street and Western Avenue, approximately 160 acres of single family
88 residential property drain into Lake Owasso through a drainage ditch that cuts through
89 Ladyslipper Park in a north south direction. This ditch was constructed in 1971 as a
90 canoe access to Lake Owasso. In the 1991 Lake Owasso Survey report, it was
91 determined that the removal efficiency of this system is very limited. Only 30 to 50% of
92 suspended solids and 9% of the total phosphorus were removed before being discharged
93 into Lake Owasso.
94 Action to date:
95 In 2005, the City constructed a two cell pond system north of the road as well as 3
96 wetland/ biofiltration basins south of the road. These basins increased the TSS removal
97 to 81% and Phosphorus removal to 52%. This is a significant improvement to this
98 subwatershed area. Staff had committed to the DNR and property owners surrounding
99 Ladyslipper Park that additional wetland plantings would occur in and around these
100 basins; however, we wanted to be assured that they functioned according to design prior
101 to completing the installation.
102 Recommended 2009 action:
103 The 3 wetland/ biofiltration basins south of the road were monitored in 2006, 2007, and
104 2008 to establish water levels. Staff is satisfied that they are performing as designed.
105 However after an inventory of existing vegetation last summer it was determined that a
106 more extensive planting plan does not need to be implemented. Staff will continue to
107 monitor these basins.
108 D. Area 4: Gluek Lane Pond and Fairview Avenue at the TH 36 Overpass.
109 During intense storm events, street flooding occurs in the residential area near the Gluek
110 Lane Pond, and on Fairview Avenue beneath the TH 36 overpass. Both areas are
111 tributary to the same storm sewer trunk system that drains north to the pond at the SE
112 corner of Fairview and County Road C(OP-1B). This trunk system serves 308 acres of
113 predominantly commercial/industrial land use.
114 An analysis of the existing trunk system indicated that during a 100- yr rainfall event (6-
115 inch/ 24-hr), Gluek Lane experiences some street flooding and the TH 36 underpass is
116 flooded to a 4.6 foot depth. This is the result of the trunk storm sewer line located in
117 Fairview Avenue being undersized, causing backflow and surcharging in these areas.
118 The CSWMP evaluated 4 options in an effort to resolve the problems identified above.
119 Option 1: Expansion of Pond OP-lA: this option would increase the holding capacity of
120 the basin located in the backyards of the homes on Gluek Lane. This option would
121 eliminate the street flooding on Gluek Lane, and reduce the flooding at the
122 Fairview/TH36 underpass to 4.2 feet. Estimated cost: $631,318.
123 Option 2: Ponding upstream of Point A. This option would create 4.8 acre-feet of
124 storage in a pond at the SE corner of Fairview and TH 36, increasing capacity for this
City of Roseville
2008 Storm Water Annual Report Page 4 of 14
125
126
127
128
129
130
subwatershed. Flooding at Fairview would be reduced to 3.3 feet. Estimated cost:
$156,000.
Option 3: Provide aggressive rate control for the Rosedale Mall site.
This option assumes a 40% reduction in peak flow from the Rosedale Mall site. It also
assumes that options 1& 2 are implemented. Estimated Cost =$787,318 + costs for
Rosedale improvements.
131 Option 4: Construct a new storm sewer trunk line along Fairview Avenue. This option
132 includes the construction and reconfiguration of the Fairview trunk storm sewer. It
133 eliminates flooding under TH 36 and on Gluek Lane; however, it pushes the water
134 downstream to the pond in the SE corner of Fairview and C, increasing the high water
135
136
elevation by 1.3 feet. Estimated cost: $1,935,000.
Action to date:
137 The only option discussed in the CSWMP that addressed the street flooding issues
138 completely was Option 4; however, due to potential impacts to the homes located around
139 the pond in the SE corner of Fairview and County Road C, staff does not feel that this
140 option is feasible. After a 6-inch rainfall event that occurred 10/4/2005, we experienced
141 localized flooding in a number of different areas around the City. The home at 1779
142 Rose Place was flooded during this extreme rain event.
143 Due to the cost, limited benefit, and potential impacts to the properties located around the
144 pond at Fairview and County Road C, staff does not recommend proceeding with any of
145 the options as described in the CSWMP.
146 Recommended 2009 action:
147 In an effort to address some of the flooding concerns in this problem area, staff will
148 continue to require redevelopment projects to reduce the volume of water that is sent to
149 this system. This is similar to the action described in Option 3. A reduction in the peak
150 flow from the commercial properties located in the subwatershed will alleviate the
151 demand on the Fairview trunk sewer.
152 On December 27, 2007 the City purchased the home at 1779 Rose Place as way to
153 eliminate the potential of future property damage during extreme storm events. This
154 house was demolished in 2008. In 2008, Rice Creek Watershed District completed the
155 "Southwest Urban Lakes Study"; a roadmap by the Watershed District for future
156 management activities and water quality improvement projects. This site was identified
157 in the Little Lake Johanna Management Action Plan for a potential surface feature to treat
158 local street runoff from Rose Place. The City will work with Rice Creek on the
159
160
implementation of this plan.
E. Area 5: Arona Pond and surrounding area.
161 Arona pond is located within the Applewood Pointe redevelopment area. Prior to
162 development, this pond was a landlocked basin. For years, the normal water level of the
163 pond was governed by infiltration. As the surrounding area developed, the basin became
164 a part of the storm water system. An outlet was installed around 1979 that enabled the
165 basin to pass runoff from extreme events. Approximately 112 acres contribute runoff to
166 Arona Pond. Over the years, the sandy bottom of this pond became sealed with sediment,
City of Roseville
2008 Storm Water Annual Report Page 5 of 14
167 eliminating the infiltration capacity of the basin. This resulted in localized flooding of
168 the surrounding properties. As a part of the Applewood Pointe redevelopment proj ect in
169 2003, the City reconstructed this pond. The reconstruction project nearly doubled the
170 capacity of the basin. Years of sediment accumulation was excavated, restoring the
171 infiltration capacity that had been sealed. In addition, a lift station was constructed to
172 provide a secondary outlet for extreme events. The new pond serves as a regional storm
173 water treatment facility for the subwatershed.
174
175
176
Recommended 2009 action:
This area has been removed from the CSWNIl' problem areas.
F. Area 6: 35W corridor
177 Historically the City has observed flooding within the 35W corridor ponds after extreme
178 rain events. These ponds include the basins on both sides of the 35W just to the north of
179 County Road C and around the highway ramps. The primary concern for these
180 subwatersheds is the downstream pipe located within the Mn/DOT right- of- way. This
181 pipe is 21 inches in diameter. Simply increasing the size of the pipe would push the
182 problem down stream causing flooding in another location. Also, this corridor is located
183 within Rice Creek Watershed and their new volume reduction standards would not
184 support an increase to the runoff discharged to Long Lake. As a part of the County Road
185 C project, additional storage was constructed to address the runoff from County Road C
186 through ponding and rain gardens.
.
.
I••
.
..
.
Action to Date:
This subwatershed was added as a problem area in 2006.
Recommended 2009 action:
190 In an effort to address some of the flooding concerns in this problem area, staff will
191 continue to require redevelopment projects to reduce the volume of water that is sent to
192 this system. A reduction in the peak flow from the commercial properties located in the
193 subwatershed will alleviate the demand on the 35W trunk sewer.
194
195
196
197
198
199
200
201
202
203
204
G. Area 7: Como Sub 7- Gottfried Pit
In 2003, the City of Roseville cooperated with Capitol Region Watershed District
(CRWD), Falcon Heights, the City of St. Paul, and Ramsey County on a study of down
stream flooding and water quality issues for the northwestern watershed area to Como
Lake. All of these entities contribute storm water flow to Como Lake. This study
identified improvements that would be made to mitigate the ongoing storm water issues
in this area. The study also assigned proportional cost shares to each entity based on
contributory flow with CRWD agreeing to contribute funding for a portion of the
improvements. They served as the lead agency on this study and for the subsequent
improvements to occur on the Como Golf Course and additional storage at Arlington and
Hamline Avenues.
205 Roseville drains 315 acres into Como Lake via Gottfried Pit near Fernwood Street and
206 Larpenteur Avenue. The work completed as a part of the agreement does not completely
207 address the drainage concerns detailed in the report.
208
209
City of Roseville
2008 Storm Water Annual Report Page 6 of 14
210 Action to Date:
211 This subwatershed was added as a problem area in 2006. In an effort to address some of
212 the flooding concerns in this problem area, staff will continue to require redevelopment
213 proj ects to reduce the volume of water that is sent to this system. A reduction in the peak
214 flow from the commercial properties located in the subwatershed will alleviate the
215 demand on the Gottfried Pit.
216
217
218
219
220
221
222
223
Recommended 2009 action:
In an effort to address some of the flooding concerns in this problem area, staff will
continue to require redevelopment projects to reduce the volume of water that is sent to
this system.
H. Area 8: Center Street
For years we have been working on finding a resolution for street flooding at the
intersection of Center Street and Rice Street. This is the result of the sediment that has
accumulated in the ditch located on the east side of Rice Street in the City of Maplewood.
224 Center Street drains under Rice Street via a culvert, the sediment in the receiving ditch
225 causes Roseville's side of Rice Street to flood. As a result, any solution for this street
226 flooding requires cooperation from Maplewood. Since it is a cross jurisdictional issue
227 that involves the Trout Brook Interceptor, CRWD needs to be involved. The three
228 jurisdictions have agreed that CRWD will study the problem and recommend a solution.
229
230
231
Action to Date:
This subwatershed was added as a problem area in 2007.
Recommended 2009 action:
232 To date we have not come to an agreement about a solution for this drainage concern.
233 Staff feels that since all the issues surrounding this subwatershed have not been
234 addressed, this subwatershed should be added as a problem area within the CSWMP.
235
236
237
238
239
240
241
L Area 9: Walsh Lake Subwatershed
On March 24, 2008, the City Council authorized a study of the storm water hydrology of
the Walsh Lake subwatershed located in the neighborhood southeast of Midland Hills
Golf Course ("Rosewood Neighborhood") due to neighborhood concerns about localized
street flooding and damage to property. This area includes the following streets: Midland
Hills Road, Draper Avenue, Rosedale Drive, Westwood Circle, Hythe Street, Skillman
Avenue, North Rosewood Lane, and South Rosewood Lane.
242 An XP-SWMM model was created for this area. The XP-SWNINI analysis allows us to
243 evaluate the performance of the system during intense rain events. The model predicts the
244 elevation of flooding within wetlands, low areas and intersections in this neighborhood.
245 A separate model was executed for the 2, 5, 10 and 100-year storm events. The storm
246 events are 2.8", 3.6", 4.2", and 6" of rain in a 24-hour period, and have annual return
247 probabilities of 50%, 20%, 10%, and 1%, respectively.
248 The existing storm sewer system in the Rosewood neighborhood consists of a network of
249 pipes that lead to a manhole at Draper Avenue and Midland Hills Road. From this
250 manhole, the storm water runoff flows through a dual pipe system west to Walsh Lake.
251 Our current design standard for storm sewer is a 10-year event. The existing storm sewer
252 system was built in the 1970s. Additional build-out of the neighborhood, which included
City of Roseville
2008 Storm Water Annual Report Page 7 of 14
253
254
255
256
257
258
259
260
261
262
263
264
265
the filling of wetlands, resulted in an under-sized storm sewer system for today's
conditions.
The following areas of concern were identified in the analysis:
The intersection of Draper Avenue and Midland Hills Road
The wetland located between 2235 and 2211 Rosewood Lane North ("Rosewood
Pond").
The side yard at 2241 Rosewood Lane South
This pipe configuration at Draper Avenue and Midland Hills Road creates a bottleneck
on the system, which causes localized street flooding in 100, 10, and 5-year events.
Rosewood Pond and the side yard at 2241 Rosewood Lane South were identified as flood
prone in the 100- and 10- year events. The following table shows the results of the
modeling for the flood prone areas.
2241 Rosewood Rosewood Pond
Low buildin elevation 937.60 940.30
100-Year Hi h Water Elevation 939.57 941.42
10- Year Hi h Water Elevation 937.48 940.35
Approximate additional storage 0.75 ac-ft 1.1 ac-ft
needed to accommodate 100-Year
event
266 The streets in this neighborhood are in good condition; upsizing the entire storm sewer
267 system would not be a cost-effective manner in which to improve the drainage
268 conditions, as it would require significant pavement removal and excavation. In addition
269 to costs, upsizing the pipe would increase flow rates into Walsh Lake. Since the outlet of
270 Walsh Lake is controlled by a lift station, increased flow to Walsh Lake could cause
271 significant problems downstream.
272 Creating additional storage possibilities throughout the existing storm sewer system, such
273 as wetland enhancement/pond excavation and rain garden construction, can alleviate the
274 stress on the existing system; reduce the threat of flooding, while also improving water
275 quality. By creating additional storage to reduce the risk of flooding, it is anticipated that
276 the street flooding will also be reduced. Creating upstream storage will reduce the amount
277 of water that reaches the dual pipe, and the timing of the water reaching the dual pipe will
278 also be more staggered, alleviating street flooding even further.
279
280
281
282
283
284
Action to Date:
This subwatershed was added as a problem area in 2007.
Recommended 2009 action:
In order to create the additional storage recommended in the report, a final proj ect needs
to be designed. We have hired WSB and Associates to complete the following work
285 • Additional study. The pond that was constructed as a part of the Midland Hills
286 Condominium development, which may have additional capacity than is currently
287 being used. Analysis would be completed to determine how much storm water could
288 be redirected to the pond and what improvements would be needed to do so.
City of Roseville
2008 Storm Water Annual Report Page 8 of 14
289 • Final design. Rain garden and other storm water Best Management Practice (BMP)
290 locations will be finalized, and designs prepared for each site. Final design will also
291 include the expansion of Rosewood Pond and improvements to the Midland Hills
292 Condominium Pond, as determined by the additional study. Since Rosewood Pond is
293 a delineated wetland, approval will be required from the Rice Creek Watershed
294 District and the DNR for any improvements or enhancements. WSB will work
295 through the required permitting process with all agencies involved.
296 • Public participation. Neighborhood meetings and individual meetings will be held
297 with rain garden recipients during the design process to discuss the appropriate design
298 for each site.
299
300 III. 2008 New Problem Areas
301 One of the goals from the City's CSWMP is to provide flood protection for all residents
302 and structures as well as protect the integrity of conveyance channels and storm water
303 detention areas. Many different policies were identified in the plan to accomplish this.
304 For the purposes of this report, we want to discuss one in particular.
305 Policy 1.9 — Developer responsibility for addressing existing storm water problems
306 For development and redevelopment projects affecting storm water problem areas
307 identified in this CSWMP, the City requires the developer to incorporate such practices
308 as are necessary to resolve a proportionate share of the problem.
309
310 IV.
311
312
313
We did not identify any new problem areas in 2008.
2008 City Projects
A. City Project No. 07-02: Neighborhood 10 Reconstruction
To meet Rice Creek Watershed District (RCWD) requirements, the City constructed 5
rain gardens as a part of this project.
314 B. City Project No. 08-04: PMP Mill and Overlay Project
315 To meet Rice Creek Watershed District (RCWD) requirements, the City constructed 16
316 rain gardens as a part of this project.
317 V. 2008 Redevelopment Projects:
318 Each year the City reviews a redevelopment and development plans to ensure that they
319 meet all of the policies outlined in the CSWMP. What follows are descriptions of the
320 redevelopment proj ects that were completed in 2008 that required storm water
321 improvements.
322 A. Gold Eagle, 1233 Larpenteur Avenue
323 This was the construction of an addition and reconstruction of the parking lot for this
324 business. To meet storm water requirements, the owner constructed an underground
325 storm water retention system to meet the City's storm water requirements. Since this site
326 is located in Problem Area 7: Como Sub 7- Gottfried Pit, we required that the runoff
327 from the site be reduced to resolve a proportionate share of the problem, consistent with
328 the City's CSWMP.
City of Roseville
2008 Storm Water Annual Report Page 9 of 14
329 B. Northwestern College, 3003 Snelling Avenue
330 For the first phase of their Campus Master Plan, Northwestern College reconfigured the
331 private roads and constructed a parking ramp on their campus. They installed
332 underground retention areas and rain gardens to meet the City's storm water
333 requirements.
334
335
336
337
338
339
340
C. Rainbow Foods, 1201 Larpenteur Avenue
This proj ect was the demolition of the buildings on the northeast corner of Fernwood and
Larpenteur Avenue to construct a new Rainbow Store. The property owner, Roundy's
installed underground retention areas to meet the City's storm water requirements. Since
this site is located in Problem Area 7: Como Sub 7- Gottfried Pit, we required that the
runoff from the site be reduced to resolve a proportionate share of the problem, consistent
with the City's CSWMP.
341 D. Chianti Grill, 2050 Snelling Avenue
342 Last year, the Backyard Bar and Grill restaurant site, located at the Snelling Avenue
343 access to HarMar was redeveloped. The developer constructed an extensive underground
344 storm water retention system and rain gardens to meet the City's storm water
345 requirements.
346 E. Har Mar Outlot, 1490 County Road B
347 This new commercial property was constructed on the northeast corner the HarMar
348 Shopping Center. The developer installed underground retention areas and rain gardens
349 to meet the City's storm water requirements.
350 F. Midland Grove Condos, 2220 Midland Grove Road
351 To address runoff issues in their courtyard, the Midland Grove Condominium
352 Association constructed a large rain garden in their courtyard.
353
354
355
356
357 VI.
358
359
360
361
362
363
364
365
366
367
368
369
370
G. TCF Bank, 1445 County Road B
The developer has installed an infiltration/ retention area to meet the City's storm water
requirements.
Other Drainage Items
A. Rain Garden Workshop
On Thursday, May 8th, City Staff along with Ramsey Conservation District (RCD)
sponsored a free Rain Garden Workshop. Information was provided to residents on the
following:
1. How and why rainwater gardens can improve and protect the quality of our lakes,
streams, and wetlands.
2. How to assess your yard for locating a rainwater garden
3. How to properly design a rainwater garden
4. How to install a rainwater garden
5. Available financial assistance from different government agencies
Staff was very pleased with the turnout at this workshop, 25 participants representing 18
properties attended this workshop.
City of Roseville
2008 Storm Water Annual Report
Page 10 of 14
371
372
373
374
375
376
377
378
379
380
Recommended 2009 action:
We have scheduled another workshop for April 29, 2009.
B. Bennett Lake Shoreline Improvement Project
In 2008, the City of Roseville completed an exciting partnership proj ect with Prince of
Peace Lutheran Church and the Ramsey Conservation District (RCD) to protect the water
quality of Bennett Lake. Runoff from the parking lot and slope adjacent to Prince of
Peace Church had been washing down the hill into Central Park, over the years this
developed into an erosion issue that washed sediment into Bennett Lake. The shoreline of
Bennett Lake has also experienced significant sloughing, causing damage to the lower
path.
381 The first phase was done on the church property. The RCD worked with Prince of Peace
382 to make changes to the way their runoff was handled. The improvements included
383 construction of two rain gardens and filling the erosion gully that has formed between the
384 upper and lower pathways. Volunteers from the Church made the improvements in late
385 summer and will maintain these new features.
386 The second phase was a shoreline restoration project for the portion of Bennett Lake
387 located adjacent to the Prince of Peace improvements. The plan was developed by RCD
388 and City staff coordinated its implementation. The work was completed by Scout
389 members, family, and friends and the Minnesota Conservations Corps, a non-profit
390 organization.
391 In the spring, Dwayne Stenlund, PWETC commissioner, asked if we had any projects
392 that an Eagle Scout candidate could help us out with. He recommended that we use Josh
393 Chamberland to lead this first part of this project. Josh put together a work plan to
394 complete the project, organizing tools, food, water, and breaks. He spent hours working
395 through the logistics for the project, visiting the site, looking over the plans, and working
396 out how we would accomplish the work During the two Saturdays that the work was
397 completed, he coordinated the volunteers and provided supervision. His volunteers
398 completed the first part of the project; removal of buckthorn on the slope between the
399 upper and lower pathways west of the waterfall and the construction of a wave wall to
400 protect the shoreline.
401 This work was completed in August on two separate Saturdays. On the first day, 30
402 volunteers worked for almost 8 hours removing the buckthorn on the slope between the
403 two pathways. The buckthorn was laid out and allowed to dry for three weeks. On the
404 second Saturday, the volunteers worked for 5 hours, constructing a wave wall along the
405 shoreline out of buckthorn to protect the shoreline to be restored. Throughout the proj ect
406 Josh provided leadership to the workers, ensuring that the work was completed as laid out
407 in the plan.
408 During September, members of the Minnesota Conservation Corps completed the work
409 that Josh started, restoring the shoreline and stabilizing the erosion gully between the
410 upper and lower paths. It is anticipated that additional vegetation will be planted along
411 the shoreline in spring 2009. The wave wall will remain in place until the vegetation on
412 this shoreline is established.
413
City of Roseville
2008 Storm Water Annual Report
Page 11 of 14
414
415
416
417
Recommended 2009 action:
Install vegetation along the stabilized shoreline.
C. Impervious Coverage Deviations
Currently our City Code allows up to 30% impervious on R-1 or R-2 zoned lots. Staff
418 receives a number of impervious coverage deviation requests from homeowners
419 requesting more impervious than what is allowed by code. Our regional treatment system
420 is designed assuming that all residential lots are 30% impervious. As a result of the
421 property owner needs to address the hard surface increase on their site through rain
422 gardens or other storm water best management practices to hold the rate of runoff at the
423 30% impervious rate or they need to convert a portion of their hard surface to pervious
424 pavement/ pavers etc. resulting in no increase in hard surface. The deviation requests are
425 addressed in City Code 1014.05:
426 1014.05 B 3. Impervious Coverage Deviation: An impervious coverage deviation is an
427 increase in the amount of impervious surface area allowed in either R-1 or
428 R-2 districts.
429 a. An impervious coverage deviation shall not allow impervious coverage on any
430 property to exceed code allowances by more than 20%.
431 b. An application for impervious coverage deviation shall be supported by a preliminary
432 storm water runoff mitigation plan; the preliminary mitigation plan shall propose
433 measures of reducing storm water runoff from the property to the level that is consistent
434 with the maximum impervious coverage allowed by the code.
435 (1) Any necessary building or driveway permit(s) shall not be issued until a storm
436 water runoff mitigation plan has been approved by the City Engineer.
437 (2) Implementation of the storm water runoff mitigation plan shall be completed as a
438 necessary condition for passing the final building or driveway inspection.
439
440 These requests are reviewed by the Development Review Committee. The following
441 factors are considered prior to recommending approval or denial of an impervious
442 coverage deviation:
443 a. The proximity of the proposed impervious coverage to sensitive natural features;
444 b. The potential for the excess impervious coverage to cause storm water problems
445 on adjacent properties; and
446 c. The use of landscaping and/or fencing to screen the proposed proj ect from
.
..;
..
adjacent properties.
Action to date:
450 The following are the homes that were granted lot coverage deviations in 2008. Each of
451 these sites was required to direct the additional hard surface runoff into a rain garden or
452 subsurface trench to manage the additional volume from their site.
453
454
Address
358 McCarrons
2730 St. Albans
City of Roseville
2008 Storm Water Annual Report
Page 12 of 14
2008 RAINFALL SUMMARY
Date Rainfall Comments
4/7/08 .56
4/11-4/12/08 1.36 Rain to snow to rain
4/18/08 .38
4/21/08 .59
4/24/08 1.00
4/25/08 .44
5/2/08 1.90
5/6/08 .21
5/10/08 .55
5/13/08 .5
5/19/08 .12
5/24/08 .17
5/30/08 .36
5/31/08 .11
6/2/08 .14
6/3/08 .03
6/5/08 .82
6/8/08 .37
6/11/08 .37
6/11/08 .82
6/14-6/15/08 .25
6/20/08 .OS
6/28/08 .09
7/10/08 .07
7/11/08 .29
7/17/08 .19
7/19/08 .77
7/25-7/27/08 .06
7/31/08 .08
8/3/08 .18
8/9/08 .OS
8/11-8/12/08 1.07
8/16/08 .OS
8/27/08 1.05
9/2/08 .21
City of Roseville
2008 Storm Water Annual Report Page 13 of 14
Date Rainfall Comments
9/7/08 .36
9/11/08 .17 Midnight to 7am
9/11/08 .27 7am-7pm
9/13-9/14/08 .57
9/23/08 .75
9/29/08 .08
10/5/08 .32
10/7/08 1.24
10/10/08 .06
10/13/08 .53
10/20/08 .OS
10/21/08 .06
10/22/08 .24
10/26/08 .16
11/11-11/13/08 1.30 Sleet, rain, snow
City of Roseville
2008 Storm Water Annual Report Page 14 of 14
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Department Approval
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REQUEST FOR COUNCIL ACTION
DATE: 5/11/2009
ITEM NO: 12.a
Acting City Manager Approval
�� �
Item Description: Request by Art Mueller for a CoMPRExENSivE LaNn UsE MaP
AMENDMENT, REZONING, AND GENERAL CONCEPT PLANNED UNIT
DEVELOPMENT to redevelop the property at 2025 County Road S into a
senior living community (PF09-002).
1.O REQUESTED ACTION
Art Mueller (in cooperation with Sue and Andrew Weyer - property owners) seeks
1ppl'OV11 Of 1 COMPREHENSIVE LAND USE MAP AMENDMENT, REZONING, AND GENERAL
CONCEPT PLANNED UNIT DEVELOPMENT t0 redeVelOp the prOperty at 2025 COUrity ROad
S into a 3-story, 55-unit senior living community.
PROJECT REVIEW HISTORY
• Public Open House held: February 19, 2009
• Applications Submitted and Determined Complete: February 24, 2009
• 60-Day Review Deadline: April 25, 2009
• 60-Day Extension: June 24, 2009
• Project Report Recommendation: February 26, 2009
• Planning Commission Action: March 4, 2009
• Anticipated City Council Action: April 20, 2009
2.O SUMMARY OF RECOMMENDATION
The Roseville Planning Commission held the duly noticed public hearing and made the
following recommendations (see attached minutes) :
a.
b.
c.
RECOMMENDED APPROVAL �4-3� Of 1 COMPREHENSIVE LAND USE MAP
AMENDMENT from LOW DENSITY RESIDENTIAL (LR) to HIGH DENSITY
RESiDENT1AL (HR)
RECOMMENDED APPROVAL (7-0) of a REZONING from SINGLE FAMILY RESIDENCE
DISTRICT �R-1� t0 PLANNED UNIT DEVELOPMENT �PUD�
Action on the GENERAL CONCEPT PLANNED UNIT DEVELOPMENT as proposed
failed (1-6)
3.O SUGGESTED CITY COUNCIL ACTION
BY MOTION, RECOMMEND APPROVAL Of t�1C I'CqUCSt f01' a COMPREHENSIVE LAND USE
MAP AMENDMENT, REZONING, and GENERAL CONCEPT PLANNED UNIT
DEVELOPMENT for 2025 County Road B, for Art Mueller, with conditions (see Section
10 for detailed recommendation) .
PF09-002 RCA 051109.doc
Page 1 of 8
4.O PROJECT UPDATE
_ 4.1 Since the Planning Commission Meeting of March 4, 2009, the applicant has been
_ working with his consultants to revise the proposed building and site to further address
_ resident concerns and Planning Commissioner comments.
_ 4.2 At the urging of the applicant, the Planning Division postponed Council action until after
_ the applicant met with Council members to review the revised development proposal.
_ 4.3 The applicant also met with Planning Division staff to discuss the revisions and to
_ provide a status of the revised proposal. On April 24, 2009, the Planning Division
_ received the revised site plan and elevation drawings and on April 29, 2009, it received
_ the revised narrative.
_ 5.O SITE CHARACTERISTICS/DEVELOPMENT PROPOSAL
� 5.1 Since the Planning Commission meeting, the applicant has met with representatives of
� the Minnesota Department of Transportation (MNDOT) regarding the ownership of the
� land area west of Midland Grove Road. The conclusion is that Mr. Mueller owns the
� underlying land area, an approximately 70 by 238-foot parcel that will be conveyed back
� to him from MNDOT. With this additional land, the Orchard parcel size has now
� increased from 2.23 acres to 2.61 acres.
� 5.2 The site is located to the east of Cleveland Avenue, directly adjacent to County Road S,
� and south of the Midland Grove Condominiums. A single-family property and
� Ferriswood Townhome community is located to the east, and single-family homes are
� located south across County Road S.
F 5.3 The subject property has an existing Comprehensive Land Use designation of Low
F Density Residential; Midland Grove Condominiums has a designation of High Density
F Residential; and Ferriswood Townhomes along with the adjacent single-family parcel has
F a designation of Medium Density Residential.
F 5.4 Zoning in the area includes a mix of R3A (Multi-Family Residence District, Three to
F Twenty-Four Units) and Midland Grove Condominiums, PUD (Planned Unit
F Development) at Ferriswood Townhomes, and R-1 (Single Family Residence District) on
F the adjacent property and properties south across County Road S.
F 5.5 Previously, the applicant submitted a proposal to construct a 4-story, 77-unit senior
F housing complex on this site. After a negative recommendation at the February 4, 2009
E Planning Commission meeting, the applicant withdrew the original proposal and
E submitted the current proposal, which lowered the height and reduced the number of
E units.
E 5.6 The General Concept proposal seeks to develop a 3-story, 55-unit active senior living
E community with an underground parking garage. The facility would include a variety of
E 1, 2, and 3-bedroom units, as well amenities such as community, game, craft, and
E exercise rooms, kitchen, library, private dining, office, mailroom, and sitting areas.
E 6.O REVIEW OF COMPREHENSIVE PLAN
E 6.1 The Roseville Comprehensive Land Use Plan (the future development guide for property
E in Roseville) designates the subject parcel as LR, Low Density Residential. During the
� 2008 Comprehensive Plan Update process there was no mention or discussion on this
- property. The Planning Division considers this parcel to be a land use anomaly that is
better suited by a residential Land Use designation other than Low Density.
PF09-002 RCA 051109.doc
Page 2 of 8
6.2 The applicant's proposal seeks to change the Comprehensive Land Use designation of the
subject parcel from Low Density Residential to High Density Residential, similar to
Midland Grove Condominiums.
6.3 The Planning Division recommends that the requested actions be considered,
concentrating first on the Comprehensive Land Use Map Amendment request before
discussing zoning and the proposed planned unit development.
6.4 For purposes of clarity, residential land use designations are categorized in the following
density ranges: Low Density is 0-to-4 units per acre, Medium Density is 5-to-12 units
per acre, and High Density is greater than 13 units per acre.
6.5 On February 4, 2009, the Commission heard many concerns/objections due to the
anticipated/perceived increase in traffic and potential intersection conflicts. As a result
of these concerns, the Development Review Committee (DRC) has reviewed and
considered the multi-family access and increase in traffic, concluding once again that the
subject parcel is best accessed from Midland Grove Road versus County Road S, due to
topographic challenges and for vehicle safety. The DRC further concluded that if the
parcel remained single-family, it could possibly be split into 4 single-family lots. The
DRC also determined that the location of the subject parcel is not a desirable location for
new single-family housing given the location relative to Cleveland Avenue, Highway 36,
and necessary access to County Road S, as well as the higher density residential
developments located to the north and east of the subject parcel.
6.6 Using the Institute of Transportation Engineers manual to analyze traffic impacts for a
senior housing facility, City Staff analyzed the impacts this project would have on the
existing transportation network and concluded there will be a minimal increase in traffic
that can be accommodated by the current roadway network. The accesses and
intersections are designed to accommodate traffic volumes far greater than currently
generated for existing uses and, therefore, will not be negatively impacted by this
development proposal.
� 6.7 The DRC, and especially the Planning Division, has considered the impacts of changing
� the land use designation of the subject 2.61-acre parcel. This parcel is located adjacent to
� or near three major thoroughfares (Highway 36, Cleveland Avenue, and County Road S)
� for which the DRC and Planning Division have concluded that low density residential
� (single family homes or town homes) is not an appropriate future use. While such a
� future use would be consistent with the use across County Road S(a natural dividing line
� for land use designations), it is not consistent with or complementary to the land use it
� lies directly adjacent to, Midland Grove Condominiums.
� 6.8 Another factor taken into consideration by the Planning Division is that of fundamental
� planning principles. It is clear from the Planning Division's review of the record that
� future use of this remnant parcel did not receive proper consideration in the 1960's. The
� most recent Comprehensive Plan update process did not address this property. Had a
� planning process occurred during the original discussions regarding development on the
� former farmstead, it is the Planning Division's opinion that the existing parcel should
� have been guided to either medium or high density.
� 6.9 Sasic planning principles would provide for increased residential density to buffer the
� lower densities lying east, especially when adjacent to or at the intersection of two major
� roadways. The Metropolitan Council through its System Statement is expecting
Roseville to add 1,432 new households by 2030. With very little land available for
PF09-002 RCA 051109.doc
Page 3 of 8
. single-family or town home developments, multiple-family residential developments of
�� varying densities will need to be supported by the City to meet this requirement. The
�� City also recently completed an update to the Comprehensive Plan, which supports
�� increased density on infill lots in order to maintain the stock of non-residential areas and
�� to better utilize land not at its highest and best use.
�� 6.10 While it could be debated whether medium or high density is the best designation for the
�� parcel, the proposal in front of the City falls into the high-density category. Since the
�� request is asking for a change to high density residential, staff review has been limited to
�� whether or not the high-density designation is appropriate and whether the change
�� will lead to excessive negative effects. To do any detailed analysis on the suitability of
�� medium density on this parcel would be difficult and too speculative without a specific
�: proposal. From staff review, while the proposal changes the land use and thus will result
�: in a more intense use than what is there today, the high density use is appropriate given
�: the location of the parcel, the density of the surrounding area and limited access for the
� : property.
�: 6.11 Sased on our analysis above, the DRC and Planning Division recommend guiding of the
�: subject 2.61-acre parcel from Low Density Residential to High Density Residential.
1: 7.O REVIEW OF ZONING/PLANNED UNIT DEVELOPMENT
�: 7.1 To gain a better understanding of historical actions, the Planning Division completed
�: additional archival review of the subject area. We have concluded that in 1967 the
�: Village Council rezoned the property to R-3A, but the minutes do not reflect a discussion
�� of land use or a subsequent designation. The Village Council also supported an
�� apartment/townhome project on the 10+ acre parcel to the north. However, that project
�� never came to fruition and instead the existing Midland Grove Condominium project was
�� issued permits by the Village staff.
�� 7.2 The Planning Division has concluded the City had a"Comprehensive Development Plan"
�� in 1969 that identified the Midland Grove property as "Mixed Development" and
�� Ferriswood and the two residential parcels adjacent to County Road S as "Single
� � Family" .
�� 7.3 Further research by the Planning Division concludes that the Village had three original
�� residential zoning districts (R-1, R-2 and R-3). However in 1966 the Village added a
� 4 number of new districts including the R-3A residential district (3-to-24 units per
� 4 building) . Our analysis of Midland Grove Condominiums concludes that the number of
� 4 units per building does not conform to the requirements of the R-3A District. Instead the
� 4 development would better be served by the R-3 designation.
� 4 7.4 Research into Ferriswood Townhomes approval concludes that the retaining wall was
� 4 installed prior to the construction of Ferris Lane. The record further concludes that the
� 4 property received approval of a special use permit for a planned unit development,
� 4 effectively rezoning the land to planned unit development, which included the home at
� 4 1995 County Road S. The Planning Division also concluded that no formal discussion or
� 4 action regarding land use guiding occurred. Unfortunately, the microfiche file does not
� E exist so our research is limited. Since the early 1990's the Ferriswood property and 1995
� E County Road S have been guided Medium Density Residential in the City's
� Comprehensive Plan.
PF09-002 RCA 051109.doc
Page 4 of 8
%.5 Th2 GENERAL CONCEPT PLANNED UNIT DEVELOPMENT 1S 1 pI'OC2SS by Wh1Ch 1
� development/redevelopment proposal is formally presented in a public hearing to the
1 Planning Commission for consideration. A PLANNED UNIT DEVELOPMENT (PUD) is a
� zoning district, which may include a single or mix of uses on one or more lots or parcels,
� and is intended to be used in unique situations to create more flexibility, creativity, and
� efficient approach to the use of the land subject to procedures, standards, and regulations
� contained in the City Code. If the City Council ultimately approves the GENExAL
� CoNCEPT, the applicant then prepares fully detailed development plans for final approval
� by the City Council.
� 7.6 Concept PUD: Art Mueller seeks consideration of a General Concept PUD to pursue
� finalization of a senior living community at 2025 County Road S. The 2.61-acre parcel
� would consist of a 3-story, 55-unit structure primarily oriented along the north and east
� sides of the parcel and the property would be rezoned from Single Family Residence
� District (R-1) to Planned Unit Development (PUD) using the General Residence District
� (R-3) as a guide for the site development.
� 7.7 Suilding Height: The proposed Orchard development will be 3-stories of senior housing
� over a level of parking and storage. The overall height of the building is anticipated to be
� approximately 46-feet; however the height when measured to the midpoint of the roof
� truss (Code required height measurement) will be 38 feet. The Roseville City Code has a
� height limitation of three stories and a m�imum of 30 feet for buildings within the R-3
� district. The Planning Division has concluded that these two requirements are in conflict
� with one another and difficult to rationally apply to development proposals. Sy
� comparison, Midland Grove Condominiums (a flat roof building) is approximately 34
� feet in height to the top of roof parapet. The Planning Division has also reviewed multi-
� story senior or other housing projects dating back to 2000 and concluded most of these
� buildings meet the 3-story limitation, but exceed the 30-foot height limitation. These
� include Greenhouse Village, Midland Villas, Applewood Pointe, and Sunrise Assisted
� Living.
� 7.8 Suilding to Lot Size: The City Code also requires 2,000 sq. ft. of lot area for one-
� bedroom units and 2,800 sq. ft. of lot area for 2 to 4 bedroom units. A calculation of the
� proposed/anticipated unit mix (10-1 bedroom, 30-2 bedroom, and 15-3 bedroom units)
� would require lot area totaling 146,000 sq. ft. or lot 3.35 acres in size. Similarly, the City
� Code requires a floor area ratio of .5 or 50%. A calculation of floor area for the proposed
� Orchard concludes 92,571 sq. ft. of floor area or 2.13 acres and a floor area ratio of .95.
� The Planning Division has reviewed the similar projects approved by the City since 2000
� (Green House Village, Midland Villas, Applewood Pointe, and Sunrise Assisted Living)
� and determined all have been allowed to deviate from this standard requirement as part of
� a PUD. Given the limitations of land conducive for multi-story housing and the number
� of units and types necessary to market and be a successful project, it is very difficult to
� achieve compliance with these two requirements. The Planning Division believes that
� the nature of a Planned Unit Development intended to be used in unique situations to
� create more flexibility, creativity, and efficient approach to the use of the land gives the
� ability for this project to deviate from certain standards.
� 7.9 Suilding Design: Since the Planning Commission's consideration of the project the
� applicant has completed a number of modifications to the building footprint to address
massing and setback concerns.
PF09-002 RCA 051109.doc
Page 5 of 8
� 7.10 The northeast corner of the building is now proposed at a 45-degree angle versus the
2� previous 90-degree. This modification softens the view and breaks-up the wall expanse
2� and lessens the visual impact from properties to the east and northeast.
2� 7.11 The building now includes various jogs to assist in breaking-up the long expanse for the
2� north and south sides.
2� 7.12 The southeast "L" wing of the building now jogs at an angle when it approaches County
2� Road S. This design element will soften the impact of the building and give it added
2� character, privacy, and curb appeal. The third floor now steps back 10 feet further form
2� the property line than the lower floors. At the northwest corner of the building the third
2� floor steps back a full unit.
2� 7.13 The angled "L" wing also features a small end capped roof to soften the perceived height
2� of the structure. The roofline has been lowered and additional design features added to
2� give the appearance of a single family structure at the south elevation.
2� 7.14 The setbacks of the building adjacent the north and east property lines have been
2� increased; the north varies from 21 feet to 36.9 feet and the east varies from 30.5 feet to
2� 51.7 feet.
2� 7.15 Exterior material would be maintenance-free, likely to include asphalt shingles,
2� metal/aluminum soffit and fascia, vinyl or concrete (Hardiboard) siding, brick and/or
2� rock-face block.
2� 7.16 Setbacks: The Orchard has a minimum 10 foot front yard setback from Midland Grove
2� Road, a varying corner side yard setback adjacent to County Road S of 28.4 to 39.8 feet,
2: a varying side yard setback from the north property line of 21 to 36.9 feet (the proposed
2: structure would lie approximately 180 feet from the Midland Grove Condominium
2: building) , and a varying rear yard setback from the east property line of 30.5 to 51.7 feet.
2: Decks and patios would encroach 6 feet closer to the north and east property lines. The
2: Roseville City Code (R-3 District) requires a 30-foot front-yard setback (west), a 30-foot
2: corner side yard setback (south) , a 10-foot interior side yard setback (north) , and a 30-
2: foot rear-yard setback (east) . As shown on the Site Plan, the Orchard meets most of these
2: setback requirements. The DRC has discussed the possibility of vacating a portion of the
2: underutilized right-of-way for Midland Grove Road, which, if vacated, could increase the
2: official front yard setback, but would not change its proximity to the road.
2� 7.17 Access/Traffic: The applicant proposes to access the site and building via Midland Grove
2� Road (a public road). Trip Generation engineering data (Institute of Transportation
2� Engineers' Trip Generation Report, 8th Edition (2008)) provided by the applicant's
2� consultant indicates that a 55-unit senior development could generate approximately 193
2� trips/day overall or approximately 3.5 trips/day per household. Assuming the same trip
2� generation from the Midland Grove Condominium, the existing 174 units would create
2� 609 trips per day or a total of 802 trips per day for the two developments.
2� 7.18 Parkin�: Section 1019.10(A) of the City Code sets minimum parking standards by use.
2� This section does not specifically identify a parking requirement for assisted-living units
2� as a use and, per to Section 1019.10 (S) ,"where land uses are proposed that are not
24 specifically listed above [within 1019.10(A)], the City Council shall establish a
24 reasonable number of off-street parking space for such use." The City Code has
24 established parking requirements for nursing homes and senior housing at one space per
24 four beds and one enclosed space plus 0.3 spaces of visitor parking, respectively. The
� Planning Division has determined that on-site parking shall be 55 enclosed and 16
PF09-002 RCA 051109.doc
Page 6 of 8
surface spaces, or 71 total spaces. Sased on the proposal, resident and employee parking
� will be accommodated through enclosed parking located under the building at
� approximately 83 underground stalls and 19 visitor surface parking lot spaces.
� 7.19 Landsca�in� The applicant has indicated a strong desire to preserve as many trees as
� feasibly possible, especially those near the intersection of County Road S and Midland
� Grove Road and north along Midland Grove Road. The applicant will also attempt to
� preserve and/or transplant some of the apple trees that dot the property. As for proposed
� landscaping, the plan indicates boulevard trees, interior trees and shrubs throughout the
� site. Shrubs would act as a natural screen for the main level patios and all storm water
� management areas will require some from of heightened landscape.
� 7.20 Pathwavs and Sidewalks: Section 1013.07 of the City's Code requires that new non-
� motorized pathways be constructed as part of new development on properties that are
� designated through the official pathway system plan. However, the plan does not
� indicate sidewalk or path requirement along the north side of County Road S. The DRC
� is recommending a sidewalk from Midland Grove Condominium parcel to County Road
� S adjacent Midland Grove Road and looking into a way in which sidewalk can be
� provided from Midland Grove Road to Cleveland Avenue, where the identified crossing
� lies.
� 7.21 Storm Water: Storm water will be collected and treated on site. The conceptual storm
� water management plan indicates three infiltration areas, one at the rear of the building to
� assist with adjacent property drainage, and the other two in the southwest corner of the
� property.
� 7.22 Sanitarv Sewer and Water: Sanitary sewer and water will be provided by a water main
� and sanitary sewer connection located within County Road S.
� 7.23 Private Utilities: The private utilities, such as electricity, cable, telephone, and natural
� gas, will be designed and coordinated through the Public Works Department to be
� underground and utilize a joint trenching system, where applicable.
� 8.0 STAFF COMMENTS:
� 8.1 On February 19, 2009, the applicant and Station 19 Architects held the required open
� house for the proposed (revised) Orchard development. There were between 20 to 25
� property owners/residents in attendance. Informal discussions centered on
� questions/concerns regarding treatment of east side with special features to mitigate
� visual impacts; color and types of building materials; blending more into the adjacent
� neighborhood; request for additional signs for speed; traffic increase along Midland
� Grove Road; increased landscaping; transplanting of evergreen trees; discussion about
� keeping second drive on Midland Grove Road; access to County Road S; fire/safety
� aspects of building; and balcony usage (see attached narrative) .
� 8.2 On February 26, 2009, the Roseville Development Review Committee (DRC) met to
� review the revised plans for the Orchard. The DRC supported the change in
� Comprehensive Land Use Map designation to High Density Residential; the zoning to
� Planned Unit Development; and the proposal as proposed prior to the Planning
� Commission meeting.
� 8.3 Since the March 4, 2009 Planning Commission meeting, the Planning Division has
� received and reviewed a revised site plan and building elevation. This proposal though
' similar to the design reviewed by the Commission, includes a number of enhancement
PF09-002 RCA 051109.doc
Page 7 of 8
that further reduce scale and massing of the structure, and increase setbacks to be more
consistent with the R-3 District.
9.0 STAFF RECOMMENDATION:
3� 9.1 The Planning Division recommends APPROVAL OF THE COMPREHENSIVE LAND USE MAP
3C AMENDMENT, the REZONING, arid the GENERAL CONCEPT PLANNED UNIT DEVELOPMENT
sc for the property at 2025 County Road S for a 55-unit active senior living community by
sc Art Mueller, with the following conditions:
sc a. Final plans (grading, drainage, utility, and landscape) being developed that are
sc consistent with the site plan dated May 11, 2009.
sc b. The final landscape plan shall include additional screening along the north, south
31 and east sides of the building. This screening may include a decorative fence
31 and/or berm as well as landscaping.
31 c. The final grading and drainage plan shall meet the requirements of the Rice
31 Creek Watershed and the City of Roseville.
31 d. The Roseville Fire Marshall shall approve all fire hydrant locations.
31 e. The final site plan shall be modified to include a sidewalk along the east side of
31 Midland Grove Road from County Road S to the Southern property line of
31 Midland Grove Condominiums.
31 f. The final site plan shall also be modified to include a sidewalk within the County
31 S right-of-way from Midland Grove Road to Cleveland Avenue.
s� 10.0 SUGGESTED CITY COUNCIL ACTION:
s� The Planning Division recommends that the Roseville City Council take the
s� following action regarding Art Mueller's request to redevelop 2025 County Road B
s� with a 55-unit active senior living community:
3� 10.1 AdOpt a RCSOIUtIOri appi'OVlrig a COMPREHENSIVE LAND USE MAP AMENDMENT Of
s� 2025 County Road S from Low Density Residential (LR) to High Density Residential
s� (HR) . The land use map designation change will not become final until the City receives
s� support from the Metropolitan Council.
s� 10.2 By motion, support the requested REZON�N� of 2025 County Road S from Single
s� Family Residential (R-1) to Planned Unit Development (PUD) . The PUD Agreement, if
s: approved in the FINAL phase of the PUD review process, will become the development
s: contract on which the xEZONiNG is based.
s: 10.3 By motion, appi'OVaI Of t�1C GENERAL CONCEPT PLANNED UNIT DEVELOPMENT 1S
s: prepared for the May 11, 2009 City Council meeting, subject to the conditions of Section
s: 9 of this report. Final approval by the City Council will be considered after all conditions
:�' and required documents and permits have been submitted for final approval. Final
approvals are considered a separate application process.
Prepared by: City Planner, Thomas Paschke
Attachments: A: Area map
B: Aerial photo
C: Comp Plan designations map
D: Narrative
E: Open house summary
PF09-002 RCA 051109.doc
Page 8 of 8
F: Email responses/letter
G: Planning Commission minutes
H: Project Plans
I: Draft resolution
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ARCHITECTS, INC.
2001 UNIVERSITY AVE. S.E. SUITE 100
MINNEAPOLIS, MINNESOTA 55414
612.623.1800 FAX 612.623.0012
Attachment D
`The Orchard' Active Senior Living Development
2025 County Road B West
Developer:
Roseville, MN
REVISED PROJECT NARRATIVE
Apri129, 2009
Art Mueller
2201 Acorn Road
Roseville, MN 55113
(651) 697-1405
Architect: Station 19 Architects, Inc.
2001 University Avenue SE, Suite 100
Mpls, MN 55414
(612) 623-1800
Contacts: Richard Brownlee, Architect
Tim Johnson, Project Manager
Civil Engineer:
REQUESTED ACTIONS
ProSource Technologies
9219 East River Road NW
Coon Rapids, MN 55433
(763) 786-1445
Contact: Brian Krystofiak, PE
The requested actions for `The Orchard' Active Senior Living Project are as follows:
❑ Comprehensive Plan Amendment (LR to HR)
❑ Rezoning Approval (Rl to PUD)
❑ General Concept PUD Approval
Overview•
ArtMueller, a longtime Roseville resident and developer has proposed to purchase and develop the Weyer
property at 2025 West County Road B into an Active Senior Living Community'. This proposal was brought
forward March 4, 2009 before the Roseville Planning Commission for consideration. The Commission, after
consideration and debate respectfully approving the Comprehensive Plan Amendment and Rezoning request to
allow for high density use. However, after much deliberation, voting to deny the General Concept PUD. As
with the previous proposal, the discussion / debate focused on items such as density, scale, and design
appearance. With respect and sensitivity to the neighborhood and the design process, we have again revised our
plan to address the neighborhood concerns, after discussion of the pending project with the Roseville Planning
Division.
The latest proposal features 55 (1, 2, & 3 bedroom) units with a variety of spacious floor plans, maintenance-free
quality exterior architectural materials, landscaping, an outdoor water feature, and underground parking. The
concept features a community room, game room, craft and exercise rooms, a kitchen, library, private dining, a
guest room, an office, mailroom, as well as many sitting areas. The project is designed for underground owner
parking spaces, and at-grade visitor parking spaces.
Siting and Design revisions of the building proposal include:
• A better defined covered entryway feature, greeting guests as they enter the building.
• Parking and access have been revised slightly and feature more parking close to the drop-off area, with a
continued water feature as the centerpiece.
• Retention Pond has been slightly modified in shape, but is still the same size and in the same location.
• The second garage access point has been eliminated at the Southeast end of the building.
• The northeast corner of the building has been adjusted and is now proposed at 45 degrees instead of a
straight 90 degree flat wall. This feature will soften and break up the wall expanse, and lessen the visual
impact from all properties on the east and the northeast sides of the property.
• The proposal now features various building jogs, which help to break up the perceived long expanse of
the building from all sides. This feature was a suggestion through discussion with the Architect and
Developer, as well as design suggestions from neighbors and Council Members.
• The southeast L-Wing of the building now jogs at an angle as it approaches County Road B. This will
also help to soften the impact from the adj acent road and give the building some additional character,
privacy, and curb appeal. The 3�d floor steps back 10 feet further from the property line than the lower
floors. At the NW corner the 3�d floor steps back one unit.
• The angled L-Wing feature along County Road B, will feature a small end cap roof to soften the
perceived height of the structure. The roof line has been lowered and some additional design features
added to give the appearance of a single-family structure at the south elevation.
• Both the north and east sides of the building have increased setbacks from the prior proposals. The north
setback varies between 21 feet and 369 feet, while the east setback varies between 30.5 feet and 51.7
feetin distance.
• The exterior building materials are still proposed to be low maintenance, with some additional accent
features added to give the exterior more flair, and to better reflect a residential design-build type product.
�
Distance from adjacent properties:
The Proposed building will be appro�mately 97 feet from the SF home on the east (Enzler property), and
appro�mately 124 feet from the townhome on the northeast corner (Stenson property). The closest point of the
proposed building from Midland Grove Condominiums to the north is over 200 feet away. The building setback,
height revisions, and design changes that we've made soften the visual impact of the project from both roads as
well as from the adjacent homes that are in pro�mity to the project.
Housing Op�ortunit�
This development will be a useful addition for the City in retaining Roseville's senior community and adding
additional quality housing stock This will allow for many Roseville residents who may want to downsize into
maintenance-free living, the option to stay in the community. We believe the location serves a good demographic
as well as a wide geographic area. While housing starts are slowing, we are confident this quality active senior
living concept featuring many amenities, will be affordable, and marketable. The City will benefit with an
estimated $11 million taxable project compared to an e�sting single-family home with a taxable value of
$300,000. This location is well suited for a high-density project, and no subsidy is being asked of the
City/taxpayers.
Note: Census information indicates that Edina, St. Anthony and Roseville have the highest percentage of seniors
in the Twin Cities metro area, with over 21% of the 34,000 Roseville City residents over 65 years of age.
`The Orchard' density is less than five senior housing proposals approved in Roseville.
Develo�ment densities for other senior housing�rojects in Roseville are as
follows:
• Rose Pointe 6-story (148 units on 5 acres) _
• Applewood Pointe II 4-story (94 units on 3.4 Acres)
• Applewood Pointe I 4-story (95 units on 3.6 Acres) _
• Greenhouse Village 3-story (102 units on 4 Acres) _
• Good Samaritan Society (50 units on 2 Acres) _
• The Orchard 3-story (55 units on 2.23 Acres) _
• Midland Grove 3-story (174 units on 9.25 Acres) _
The proposed Roseville Community benefits of this project are:
1� Increased taxable value of approximately $11 million.
29.5 units/acre
= 27.9 units/acre
26.4 units/acre
25.5 units/acre
25 units/acre
24.5 units/acre
18.8 units/acre
2� Quality life cycle housing opportunities for the active senior living community.
3� Highest and best use of this underutilized in-fill site; is an efficient user of the City's infrastructure; and
will have a minimal impact on City systems.
4� Will allow for greater opportunities for families to live in Roseville by freeing up larger homes that
empty nesters and seniors may not want to maintain anymore.
S� Helps meet the goals of the City that promote sustainable land use, and the goals that support well
planned and designed development featuring high quality design and low maintenance architectural
materials in promoting livable and attractive communities.
6� Meets many goals and objectives of the current Roseville Comprehensive Plan and the revised
Roseville Comprehensive Plan, specifically Chapter 4; Land Use, and Chapter 6; Housing and
Neighborhoods.
Attachment E
:,� � .,,�.
- �J;�:.�::�;-i �
.•�.���:
ri,�• : `'�,i,.��,i
Neighborhood Open House; February 19, 2009 @ 6:00-7:OOpm
The Skating Center; Fireside Room
The Orchard Senior Active Living Development
Oven House /Meeting Notes (2-19-09):
Representatives from Station 19 Architects (Tim Johnson and Richard Brownlee) and Art
Mueller were present. The approximate attendance was 20 neighbors from the Midland
Grove and the Ferriswood neighborhoods.
Staff from Station 19 Architects and Art Mueller were available and answered questions
regarding the revised project, but initially focused on letting people know the basics of
the revised proposal. The 4th floor has been eliminated to allow 3-stories, the unit count
has been reduced from 77 to 55 units, and the building ends on the south and west sides
have shifted in to meet the required multi-family setbacks.
Easel boards were used to show site plans, elevations, aerial representations; and
residents were engaged as they entered the room. The open house dialogue was very
civil and respectful. Informal discussion focused on various aspects of the project, and
ranged from traffic impacts, revised unit count, height reduction, density and revised
building setbacks.
Informal discussion with various neighbors indicated concerns about:
-Treating the east side of the building with special features to mitigate visual impacts
-Colors and materials
-Blending in more with adjacent residential
-Request for additional signage to reduce speeds
-Traffic increase along Midland Grove Rd
-Request for landscaping to increase screening on NE and East sides
-Transplantevergreens
-Discussion about keeping 2"d drive on Midland Grove Road
-Discussion about access to site from County Rd B
-Fire/Safety aspects of building; clearance on north side of bldg
-Balcony usage
Neighbor Steve Enzler and another adjacent neighbor remain concerned about the impact
to their properties. Enzler focused on what the development will look like from his
kitchen pantry, which faces toward the west. The 1-story height reduction and the 97-
foot distance were discussed and whether or not this mitigated his concerns about
sunlight, building mass, etc.
Discussion about traffic impacts were discussed by several parties, and the Architects
conveyed that the additional development would generate 1 car every 4-5 minutes during
peak usage. Some residents still indicated their concern for traffic and high speeds at the
intersections.
Density was discussed and it was conveyed to some residents that the revised Orchard
density at 24.5 units/acre was actually less than four recent senior developments which
were all between 25-28 units/acre. Further discussion was minimal. Height reduction
was also addressed and further discussion about overall building height took place. The
height of the Midland Grove building and it's relationship to the proposed site was
discussed; over 200 feet from building to building; E�sting trees and landscape to
remain along property line.
There was also discussion on the demographic data concerning marketability of the
proj ect. It was conveyed that Roseville along with Edina and St. Anthony had the highest
% of seniors in the metro area. Twenty-one +% of Roseville's population is over 65
years old.
Several residents indicated at the end of the open house that they'd be supportive of
additional stories if it meant more greenspace for the overall development.
The Open House ended at about 7:15 pm.
Submitted by:
Tim Johnson
Station 19 Architects, Inc.
Attachment F
Thomas Paschke
From: support@civicplus.com
Sent: Friday, February 27, 2009 11:59 AM
To: Thomas Paschke
Subject: Online Form Submittal: Contact Thomas Paschke
The following form was submitted via your website: Contact Thomas Paschke
Name:: Gary L Stenson
Address:: 2179 Ferris Lane
City:: Roseville
State: : MN
Zip:: 55113
Home Phone Number::
Daytime Phone Number::
Email Address:
Please Share Your Comment, Question or Concern: As a follow up to our phone
conversation I am contacting you to express my opposition to changing the NE cornor of
Cleveland and Co Rd B from low density to high density. On three sides of the site there
are single family or townhomes. Only on the North is high density and that is appropriate
up against a major transportation corridor like hwy 36. The proposed project would
provide an afternoon shadow over my home and neighboring units.
Additional Information:
Form submitted on: 2/27/2009 11:59:24 AM
Submitted from IP Address:
Form Address: http://www.ci.roseville.mn.us/forms.asp?FID=99
Thomas Paschke
From: Marietta E Booth
Sent: Sunday, January z�, zUU9 �:US NM
To: Thomas Paschke
Subject: Land Use Plan Amendment 2025 County Road B
Hello,
I am writing about my concern for the request for approval of a comprehensive land use
plan amendment and general concept planned unit development to allow the construction
of a 77-unit, 4-story Active Senior Living Community at 2025 County Road B.
This land is now zoned residential. I believe this would need to change so that a 77-unit
building could be constructed. I think this should stay zoned as residential. Having a 77-
unit building with 1, 2, and 3 bedroom units will have more than 77 people living in them
not counting the various workers and visitors. This seems to be quite a dense population
for this area. The vehicle traffic will increase at this intersection as well as pedestrian
traffic.
My other concern is will the developer be able to find buyers for the living space? Will he
have commitments before he proceeds to excavate?
Will this be a boondoggle like other projects that have started but were left high and dry
because financing or buyers was not forthcoming?
Perhaps this land could be promoted for a four-plex or duplex. Maybe it should be used as
"Victory" gardens where the "farmers" pay the city to till the soil.
I hope the Planning Commission will think long and hard before granting any variance.
Marietta Booth
Roseville, MN 55113
�
Page 1 of 1
Thomas Paschke
From: Norgard, Sandy L
Sent: Monday, January 26, 2009 11:41 AM
To: Thomas Paschke
Subject: Art Mueller Senior Living Proposal - Roseville
Importance: High
Dear Mr. Paschke,
I live in the Ferriswood Condominium Association at Ferris Lane and County Road B. I understand that Mr. Art Mueller wants to
build a 4-story, 77-unit senior living complex at the corner of County Rd B and Cleveland.
I want you to know that I am strongly against the idea since the building would obviously have a big impact on me with it being clearly
visible from my home.
Respectfully Yours,
Sandy Norgard
O1/26/2009
Page 1 of 1
Thomas Paschke
From:
Sent: Sunday, March 01, 2009 11:45 AM
To: Thomas Paschke
Cc:
Subject: 2025 County Road B
Dear Sir:
I have been informed of the proposed multi-family building at 2023 County Road B. I am concerned that any
excavation in that area may disturb the underground water flow and will impact the Midland Grove Condos.
As you may know, last year the Midland Grove Condo Association spent hundreds of thousands of dollars
correcting water issues in the underground garages. Any digging near there may change the flow of the
water underground and may perhaps direct it into the condo area, thus undoing what was done last year.
I am requesting that the City of Roseville require the developer to do an environmental impact assessment
that specifically address the potential water issues and consult with the environmental firm, Barr
Engineering, that handled the water project at Midland Grove Condos.
Please enter my concerns into the minutes at the hearing on March 4, 2009.
Ruth Marston
Owner
03/02/2009
Page 1 of 1
Thomas Paschke
From: Wright, Paula C
Sent: Monday, March 02, 2009 4:59 PM
To: Thomas Paschke
Subject: Rezoning on West Cty Rd B
Importance: High
Dear Mr. Paschke:
When I wrote you the other day, I forgot a couple of VERY IMPORTANT things:
1. that one of the "other" plans pending for our neighborhood with regard to the 55-unit development is that it will also cause
possible traffic jams on our road as well as a possible back up as traffic turns from the Cleveland Exit from the freeway
onto Cty Rd B. My goodness, it happens NOW and we don't have 55 extra people using this road ............. plus employees that
need to work there! I think you better take into consideration just HOW MUCH traffic comes from 35W and turns left onto Cty Rd
B. It's a healthy number! When I come home from work at night, it backs way up!
2. AND, the people that currently live at 1995 West Cty B will have their home and residence re-zoned as "mid-density". We
knew the people that grew up in that home. That's a residence and should not be changed.
Neither Mr. Wright nor I are in favor of either of the above.
Thank you for your consideration.
Paula Wright
Paula C. Wri ht
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03/03/2009
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Page 1 of 1
Thomas Paschke
From: DIANE LEAN
Sent: Wednesday, March 04, 2009 9:08 AM
To: Thomas Paschke
Subject: 2025 County Road B
My name is Diane Lean and I have lived, with my husband, at 2250 Midland Grove Rd.,#308 since April of
2007. One of the reasons we loved this property when we purchased it was because when you turned into
Midland Grove Rd., your only purpose was to come to Midland Grove Condos. The landscaping is beautiful and
there is so much property that is not covered by the buildings. We face north, looking at 36 and 35E, but with
the trees between we don't notice that much.
If Mr. Mueller builds the complex that he intends, it will change the property values at Midland Grove. People
won't buy here if it is to congested. The easement property is just that, so it shouldn't count in the size of the
property being sold because it can't be used for anything. The rest of the property is to small for what Mr.
Mueller has in mind for it.
Thank you,
Diane Lean
03/04/2009
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March Planning Commission Meeting Minutes Attachment G
d. PLANNING FILE 09-Od2
REVISED Request E�y Art Mueller for approval of a COMPR�HENSIVE LAND i1S�.
PLAN AM�NDMENT to change the land use designation of 2025 Caunty Road B
#rom Low �ensity Residential. to High Density Residentiai; REZONlNG of the
property from Sir�gle-Family Residence to Planned Unit �evelopment (PUD} with an
uncier6yinglbase zoning of General Residence District; and a GENERAL CONCEPT
PLANNED UNIT DE.VELOPM�NT (PUD) to allow the canstruction of a 55-unit, 3-
story Acti�e Senior Li�ing Community
Chair 8akeman opened th�e Public Hearing for Planning Fife 09-002 (9:25 p,m.)
10 City Planner Thomas Paschke reviewed staff's analysis of the request of Art Mueller, in
11 cooperation wifh Sue and Andrew Weyer, property owners, to redevefop the property at
�2 20Z5 County Road B into a thcee (3) story, fifty-five (55) unit senior living community.
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Mr. Paschke advised that, in general, the design was sirrtiiar to that previausly presented,
but with a reductian fn the number of stories to three (3) and reduction in the number of
units at f.ifty-five (55).
Mr. Paschke reques#ed that the Commission dearly address whether they suppor�ed
guiding the subject parcel to a designaiian other than L.ow Density i:n order to establish a
foundation for further review of tF�e current praposal.
Staf� recommended the following actions reiated to the request of Art Mueller to
redevelop 2025 County Road B with a 55-unit, 3-story Ac#ive Senior Living Community:
9.1 RECOMMEND APPROVAL of the COMPREHENSIV� LAND USE MAP
AMEf��MEN� of 2025 County Road B from Low Density Residential (LR) to Fligh
Density Residential {HR)
9.2 RECOMEMND APRPOVAL of the REZONING af 20�5 County Road B from Single
Family Residential (R-1) to Planned Unit De�elopment (PL1D), with an underlying
zoning of General Residence Dis�rict (R-3).
2� 9.3 RECOMMEND APPROVAL of the GENERAL CONCEPT PLANNED UNIT
�� DEVELQPMENT, as prepared for the March �4, 2009 Planning Commissio� meeting;
2� subject to fhe canditians de#ailed in Section 9 of #he staff report; with final appraval by
3o fhe City Council considered aft�r ail canditions and required documents and permits
3� have been submitted for final appro�al; with those final approvals considered as a
32 separaie apPlication process.
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Chair Bakeman lead a discussion for clarificaEion on Iand use designa#ian categories for
density: Low E�ensity at 0#a 4 unitslacre; Medium Density at 5— 12 unitslacre; and Higi�
Density greater th.an 13 unitslacre.
Staff noted that this proposed use was consistent with 6— 7 other senior or rr�ulti-family
type residential projects appro�ed by the City over the last ten (10) years in similarly
related surroundir�g neighbarhoods.
39 Applicar�#, Art Mueller, 2201 Acorn Road
�o At the request af Chair Bakeman, Mr. Mueller addressed the differences between the
�� previous and current proposal, based on public testimony and Planning Commission
�� concerns. Mr. Mueller noted reductians in square footage, the nurrtber af units, additional
43 undergraund parking spa.ce; and his suppor� of the seven (7} staff-recommended
�4 conditions as d.etailed in the staff report dated March 4, 2009.
a5 Tim Johnson, Station 19 Arc�itects
4� On behalf of Mr. Mueller, Mr. Johnson provided re�isions to the architectural nature of the
a7 building and relative lacation and setbacks ta Midland Grave Road; reduction in the
a8 overall footp�int; and relocation af the dri�eway and minimal reduaed pavement area, in
�s addition to meeting setback requirements.
�0 Mr. Johnsan asked that the Planning Commission consider land �se designation higher
�1 than Low Density; opining that this parcel was not, but should have been, considered in
�2 the overall Comprehensive Plan Update, recently completed and currently before the
53 Metropolitan Commissio� for review; and based on the adjacent Ferriswood and Midland
5a Gro�e PIJD Projecis.
55 Chair Bakeman, at 9:45 p.m., opened the meeting for public comment; respectfully
5� requesting that speakers limit their comments to the specific issue before the
�7 Commissian.
�S Public Comment
59 As part of the wr,tten record, Mr. Paschke provided copies of additional e-mails
6o receivcd after distri,bution of #he Agenda Packef materials, attached hereto and
61 made a part thereof.
62 Peter Coyle, lancf use attarney from Larkin, F�offman, et al, 7800 Xerxes,
63 Bloomington, MN
E;4 Mr. Coyle, speaking for a large group of residents at Ferriswood and Midiand Gro�e, in
�� addition to Mr. Ste�e Enzler, advised that, while the group was supportive of a relati�ely
E�6 dense use of this property, they were not supportive of this high of a density guiding its
67 tEe�elopment. Mr.. Coyle opined that the proposed use was no# an appropriate transition
6� or appropriafe use of resid�ntial streefs; and that the propased use was too much for the
�s available land and site. Mr. Coyle presented, for #he record, a new petition from the group
70 of property owners he represents:
f � NEW PETITION
7� "Because of the safety issues due to traffic congestion, diminished aesthetics,
73 remo�al of trees and a possible decrease in our prope�y �aiue, the foliowing
74 residents o the Midland Grove Condo Associatior� are signing this petifion to
75 oppose any change of zoning orcfinances ta accommodat� the b�ilding of any new
76 multiple housing proposal at 2025 County Road B, Rose�ille, MN, by Art
77 Mueller;" attaehed herefo and made a parf fhereaf.
7� Mr, Coyl� expounded on rationale for the peiition including faiiure to consider this parcel
79 in the recently amende� Camprehensive Plan; need to make this use comparable ta
8� other and similar uses in the area that would be respecff�l and compatible with those
8� ex�sting uses; and opined that the proposai needed substantially more work before it was
�2 acceptable En this established neighborhood. Mr. Coyl� advised that those he
�33 represented w�re not opposed to development of th� property; h�wever, ihat they were
&� asking for reasonable der�si#y comPat[ble with surrounding sites and projects.
85 5cott Roste, President of Midland Grove Conclominium Association, 2220 Midland
�6 Grove Road #�211, representing ri�emf�ers interested in this projeci
gi Mr. Roste further addresseci the 307 petitioner signatures col.lected and their
8� representation at fonight's meeting; and noted that this petEtion was differen# ihan that
8� presented at the previous m�eting; and opined that residents wouid be in favor o#
9D de�elopment of the property, but ai a Low to Medium Density designatian.
�1 Chair Bakeman read the Petition into the record..
g2 Marie Woehlke, 2189 F�rris Lane, Ferriswoad Condominium Association
93 Ms. Waehlke, having purchased her property two {2) years ago, expressed her distress
�4 about a patential rental property adjacent to her property; opining ihat owner-occupied
95 buildings were better maintained and more attractive. Ms. Woehlke opined that the
�6 building was stili too tall; was too close to her and Mr. Enzfer`s Properties; and too close
97 to the lot fine, creating issues of potential noise and lack of privacy, and blocking sunlight.
98 Ann Bursh, 2220 Midland Gro�e, #209
93 Ms. Bursch advised that she had performed a personaC survey over the past week af the
10o number af existing senior living ur�its in the Roseville area; and expressed concern,
101 based on her findings related to �xisting vacancies, with the senior housing marke€
��2 becoming saturated. Ms. Bursh asked that Gommissioners consider the current economic
�03 situation and potential saies af senior citizen's homes in that market, in additian to their
��� reduced sales price; address density and traffic concerns as pr�viausly exprassed; and
i�5 nated ongoing concerns with too much buifding on too small af a site and reduced green
1�� space.
107 Ronald G. Rumpsa; 2201 Ferris Lane (Ferriswood Apartmer�#sj
�08 Mr. Rumpsa concurred with the comments of Mr. Coyle, opining that density was the
��9 major issue of concern; and apined that this proposed use was such a dramatic
�.� deviation, and ti�at it was inconsistent with the adjacent properties. Mr. Rumpsa asked
�� 1 that residents' quality of life be enric�ecE, not reduced. Mr. Rumpsa further addressed
112 existing traffic �olumes on County Road B be#ween Fairview and Cleveland Avenues,
113 and impacts with additional units in tnat area.
1 i4 Allen� Wiley, 2220 Midlar�d Grove Raad, #20fi
i 15 Ms. Wiley concurred with Mr. Rumpsa's fraffic concerns; and further addressed the
��� proposed exit road from the developmeni site onto Midland Grove Road, and negative
��7 impacts to access ability, in addition to ernergency vehicle considerations.
�� 8 Russ Sherer, 22.03 Ferris �ane
119 Mr: Sherer expressed concern related to egress fram Ferriswoad, when heading east of
12� h[ighway 36 and exiting on Cle�eland and the need ta cross over three (3} lanes of traffic
12� to make a lef� hand tum onto Caunty Raad B.
122 Dorothy Kur�ze, 222� Midiand Grove Road, #205
123 Ms. Kunz� provided com.ment, opining that tax revenue should not be the anly
124 consideratian for the City, but also that of aesthetics; and opined that tt�is was toa large of
12� a building on too small of a plot of land, and that this was not what #he Ros��ille residents
126 have known for a co�siderable amount of time.
127 Eileen Stack, RN, 2220 Ferris Lane
�28 Ms. Siack, as a Faith Gammunity Nurse at the Church of Corpus Ghristi, noted that she
�29 had clients in many area homes; and that based on the current economy, they were
13� continuing to live in their homes, rather than mave, due to their inability to sell tE�eir
131 hames; and opined that this shou.ld be of m.ajor concern ta ti�e City.
132 Bob StoiKa, 2220 Midlar�d Gro�e Road, �108
1s3 Mr. S#oika cancurred with concems expressed about. whether this praposal would fit in
i3� with the neighborhood; opining that Midland Grove was a park-like sett.ing; and that this
� 35 project would not fit in.
�36 Vijaya [SP) Pothapragada, 2250 Midland Grove Road, #105
137 Mr. Pothapragada addressed Section 6.1 of t�e �taff report, detailing traffic ar�d daily irips
t38 based on the proposed number of units; and asked that ather complicatians be
13� cansidered {i.e., empioyee and staff parking needs; visitar parking; deli�eries to the site;
��o and emergency ambulance services) and those additional traffic impacis ta the
i41 neighbarhaod.
1�2 Fred Christianson, 222� Midland Grove
1�3 Mr. Christianson, as a former Planner in the United States and Canada, app�auded the
��� e�orts of thase speakers and their eloquence. Mr. Christianson asked that the
�a5 Cammission remember that their decisions were fong-term; and concurred with the
�a� camments af Attarney Peter Coyle.
�47 S#e�e Enzler, representing farnily, 1995 W Caunty Road B
�a8 Mr: Enzler read an e-maEl from Frank Wafion of the Roseville Historical Society, refated to
��� the hisiorical nature of his family praperty, identified on #he Herftage Trail, #�47, and the
�50 lack of notice of the Historical Society af a�y propased activities on this site; and future
1a1 notice in accordance. Mr. Walton's camments addressed concerns uvi#h mass and fhe
� a2 need ta honar the green space indicative of this property.
�53 Mr. �nzler's persortal camments included opining ti�at the current proposal may more
1�4 accurat�ly reflect future use of the prape�ty; that it was apparently nat the intent flf the
155 Cornprehensive P�an to efiminate his single-family residential property. Mr. �nzler opined
1�� that Mr. Mueller was attempting to undermine code limits by use af #he �UD applicatian;
157 and further opined fhat the building still remained massive in rela#ionship ta his property
�5g and home; and that his property wauid experience dramatic and negative impacts to
159 sunligi�t, air and view; and apined that it seemed #a be a reasonabie ciaim that this could
�6Q damage the �a[�.e of their home in addition to #heir quality af life.
�61 Mr. �nzler noied previous lot line delineation errors; and expressed his willingness ta
�62 work with Mr. Mueller in seeking resolution.
163 Andy Weyer, 2�25 W County Road B
�6� Mr. Weyer presented his historical perspecfive of the property, and rationale for it's
��5 inclu5ion an the Heritage Trail based an the original tiome's construction; a�d o�fered #hat
��� the home cau[d easily be relocated for greater use. Mr. Weyer apined #hat the property
�67 itself was not of historical import; and t�e horr�e itself was originally maved fram its farmer
�68 locatian ta faciiitate constructian of Midland Grove, which property was originaffy awned
169 by his ancestors, and allowing far growth and progress. Mr. Weyer opined that things
17o change; and there was value in mo�ing foiward for the community, as well as with what
171 remained of his family homestead.
1 f2 A11ene Wiley
7�3 Ms. Wiley opined that Mr. Weyer had his own private road, mailb�x and address and
� 7� woufd experience minimal impacts to his priva#e property; howe�er, she noted that while
� 7a he would make considerab�e money on the safe of this remaining por�ion of his family's
� i� farrnstead; it didn't mea� that Midland Gro�e Road rteeded to be further impacted. Ms.
�i7 Wiley opined that it may be more advantageous to Mr. Weyer financiafly ff the property
178 were sofd for singie-family housing and provide an asset to the neighborhood rather than
1i9 a detriment.
ig0 Art Mueller, De�elope.r
18� Mr. Mueller responded to public commenCs; and provided his historical perspective of and
1�2 his persona! develapment of Midland Grove and Ferriswood, in addition to this propasal;
1$3 noting the positive benefit of the previous projects to the City. Mr. Mueller questioned if
18� there were others suppor�ing the project, but not appearing to speak in that suppo�t; and
18� noted his experience in receiving positive suppa�t for the proposed project and fhe need
�S� for this senior housing option.
�B7 Chair Baf�err�an closed the Public Hearing at i0:40 p.m.
188 ME�TION (9.7}
189 Member 6akeman moved, seconded by Member Boerigter to RECOMMEND
19� APPROVAL of the COMPREHENSIVE LAND USE MAP AME{VDMENT of 2D25
�91 Cour�ty Raad B West from Law Density Residential to High Density Residential.
1�2 Discussion included clarification that the density designation wauld s#ay with tF�e property
193 even if this proposal was not approved, while fur#her clarifying the process through items
��� ta be solidified (i.e., PUD Agreement; submissian af plans and �ocumen#s; �ecording of
�95 rezoning af the property with Ramsey County; Comprehensi�e Pfan amendmen� through
1�b the Metropolitan Council; related issues to support this praject); and the need for another
�9i PUD for any ather project on this parcel;: and State statute requirements for
19� Comprehensive Plan and Zoning consistencies.
�gg Commissianer poherty spoke in opposition to the pro�asal, e�en with reduced s#ory and
20o units; based on mo�ing from Low Density to High pensit.y rath�r than Medium �ensity
201 designation.
202 Commissioner Wozniak concurred with Commissioner poherty, oPining thaf the praposed
203 use was too dense and tao high in a single-family residential area. Commissioner
2�4 Wozniak advised that he could support Medium Density designation; ar�d sfill had
2p� concerns with traffic and too many units for this size of property, given neighbors and the
zo� other surrounding uses.
2�7 Commissioner Gottfried concurred with Commissioners Doherty and Wozniak,
2ti� expressing concerns with transitioning into the neighbarhood; and supparting Mediurn
209 rather #han High Density designation.
2�� Mr. Paschke encouraged CommiSSioners to look at the Camprehensive Plan as a guide,
211 and the density designa�io�s as addressed in Section 5.6 of the staff report.
212 Commissianer Best not�d that Midland Gro�e to the north was High Density; and opined
2� 3 that if the site were developed based on those guidelines per acre, this would still be High
21�t Density; and further opined ti�at it would b� appropriate and that f�e waufcf suppor� ihat
215 designation.
216 Comrrtissioner Martinson concurred with Commissioner Best to a ce�tain extent, opining
217 that if HigF� Density was applicable io Midland Grove, it might also be reasonab�e on this
218 site; and noted that t�e developer had made scale re�isions that were an overall
219 improvement from the originaf proposaf. Commissioner Martinsan observed that
z2o realistically, ihe City af Roseville experienced traffic problems throughout ti�e City, i�
221 addiiion to the region, Commissioner Mar#inson expressed that she had remaining
222 reservations about this proposed project and land use desigr�ation; and opined that she
223 would be more incfined to su�port a Medium Use de.signation.
22�4 Commissioner Boerigter opined that, given the density of ihe adjacent multi-famify
225 properties, this site seerned appropriate for High �ensi#y designation; and in comparison
226 ta othe� part of the City transitioning fram Low to High Density, this was not an
22r uncomm.on si#uation. Commissioner Boerigier further opFned that, in looking at �he overall
228 pic�ure, the property wouldn't probably develop into single-family homes, but seemed
z29 more applicable tor High Density designaiion. Commissioner Bo�rigter recognized publ.ic
23o comments and concerns; however, was still of the opinion that this parcel serves as a
z3� transition for the neighborhood and praperties across the street, to be cor�sistent, he was
232 still concerned that this project remained of too large a scale to this si�e,
�33 Chair Bakeman opined fhat High Density designation was appropriate, due to ti�e
234 proximity of Midland Grave at cEose io 19 unitslacre; and the ability to lirr�it the maximum
235 unifs per acre with the PUD; and that 12 units per acre was not dense enough with
236 Midland Grov�'s proximity directly adjacent. Ghair Bakernan further apined that with the
23r standard street wi.dth of 32', she was not concerned about traffic volurrie. Chair Bakeman
238 opined that she w�s inclined to support High Density designation, and capping that
239 density through PUD controls.
2�D Commissianers BeSt and IVlartinson conc�rred.
24� Commission�r Martinson opined fhat it made logical sense ta change the zoning, wiih
24z Midland Grove immediately adjacent; however, she expressed wariness as io whether
2�3 the PiJD was a sound way to limit densi#y.
244 Ayes: 4(Boerigter; Best; Martinson; Bakeman}
245 Nays: 3(Doherty; Wozniak; Gottfried}
246 Motion carried.
2�7 MOTiOfV (9.2)
248 Member Bakeman moved, seconded by Member Best to RECOM�MfVD APRPOVAL
249 of the R�ZOIVING of 2025 County Road B from Single Family F�esidential (R-1) ta
�50 P�ar�ned Unit �e�elopment (PUD), with an underlying zoning of General Resicfence
251 District {R-3).
252 Ayes: i
253 Nays: 0
2�a Motion carried.
255 MOTION (9.3)
256 Member Bakeman moved, seconded by Member Gott#ried to RECOMMEf�D
257 APPROVAL of the GENERAL CONCEPT PLANNED UNIT DEVEL.OPMENi, as
258 prepared for the March 4, 2009 Planning Commission meeting; suhject fo the
2�9 conditions of Section 9 af the staff report dated March 4, 2009; with final appro�al
26C� I�y the City Council considered after all conditions and required documents and
z�� permits have been suhrnitted for finai appro�a[, with thase final appro�ais
262 considered as a se.parate application process.
2�3 Commissioner Boerigter questianed the actual concern in making this rezoning change;
2t�4 nating that if shoulcEn't be traffic; the building footprint had been reduced; and noted that
2�5 the current proposal was close to setback requirements anci had limited de�iations from
2�6 square footage requirements. Co€�nmissioner Boerigter noted that the building mass could
1 d. PLAIVNING FILE 09-002
2 REVISED Request by Art Muelter for appro�al of a COMPR�HEN5IVE LAN� USE
3 PLAN AMENDMENT to change #he land use designation of 2025 County Road B
� #rom Low Density Residential ta Hi.gh Density Residential; REZONINC of the
� property from Single-Family Residence to Planned Unit De�elopment (PUD) with an
6 underiyinglt�ase zo�ing of General Residence Dist.rict; and a GENERAL CO�VCEPT
� PL.ANNED UNIT [�EVELOPMENT (PUD} to allow the consfruction of a 55-unit, 3-
8 story Active Senior Living Community
9 Chair BaKerr�an opened the Public Hearing for Planning File 09-002 (9:25 p.m.)
1� City Planner Thamas Paschke re�iewed staff's analysis of the request af Art Mueller, in
11 caoperation with Sue and Andrew Weyer, property owners, ta redevelop the proPerty at
�2 2025 County Road B into a three {3) story, fifty-five (55) unif senior li�ing camrnunity.
�3 Mr. paschke advised that; in general, the design was similar to that previously presented,
�4 but with a reduction in the number of stories to three (3} ar�d redu.ction in the number af
� � units at fifty-five (55}.
76 Mr. Paschke requested that the Commission clearly address whether they supported
� 7 guiding the subject. parcel to a designation other than Low �e�sity in order ta establish a
� g foundation for further review of the current proposal.
�� Staff recammended the following actions related to the request of Art Mueller to
2o redevelap 2025 County Road B with a 55-unit, 3-siory Active Seniar Living Community:
21 9.1 RECOMMEND APPROVAL of the C�MPREHENSIV� LAND USE MAP
�2 AMENDMENT of 2025 County Road B from Low �ensity Residen#ial (LR) to High
�3 Densfty Residential (HR)
2� 9:2 RECOMEMND APRPOVAL of the R�ZONWG of 2025 County Road B from Singie
25 Family Residential (R-1} io Planned Unit Development {PUD), with an underlying
2� zoning of General Residence District {R-3).
2i 9.3 RECOMMEND APPROVAL of the GENEaAL CONCEPT PLANNED 11�fIT
2� DEVELOPMENT, as prepared for the March 4, 2009 Planning Comm[ssian meeting;
2� subject to the conditions detailed in Section 9 of the staff report; with finaf approval by
3� the City Councii considered after all conditions and required documents and permits
3� have been submiited for final approval; with those fir�al approvals considered as a
32 separate application pracess,.
33 Chair Bakeman Iead a discussion for clarification on land use designatian caiegories far
3�i den.sity: Low Rensity at 0 to 4 unitslacre; Medium Densify at 5— 92 uniislacre; artd High
35 Density greater than 13 unitslacre.
36 Staff noted that this praposed us� was cansistent wi#h 6— 7 other senior or rr�ulti-family
37 type residential projec#s approved by the City over the last ten (10) years in similarly
38 related surrounding neighborhaads.
39 Applicant, Art Mueller, 2201 Ac�rn Road
a� At the requ�st o� Chair Bakeman, Mr. Mueller addressed the differences between the
�1 pre�ious and current proposal, based on public testimony and Planning Commission
az concerns. Mr. Mueller noted reductions in square foatage, the number of u�its, additional
43 underground parking space; and his support of th� seven (7} staff-recommended
�a conditions as detailed in th.e staff report dated March 4, 2009.
�5 Tirn Johnson, Station 19 Architeets
�� On behalf of Mr. Mu�ller, Mr. Johnson provided re�isions #o the architectural nature of the
ai building and relative facatian and setbacks to Midland Grove Road; reduction in the
48 overafl footprint; and relocation of the driveway and minimal reduced pavement area, in
a9 addition to meefing setback requirements.
50 Mr. Johnson asked that the Alanning Commissian consider land use designation higher
51 than Low Density; opining that this parcel was �ot, but shauld have been, considered in
52 the o�erail Comprehensi�e Plan Update, recently completed and currently before the
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Metrapolitan Commissian for review; and bas�d on the adjaceni Ferriswood and Midlar�d
Grove PUD Projects.
Chair Bakeman, at 9:45 p.m., ope�ed #he meeting for public co�nment; respectfully
requesting that speakers limit #heir comments #o the specific iasue befare the
Commission.
Public Comment
As part af the wrftten record, Mr, Paschke provided copies of additional e-mails
receive�d after distribufion of the Agenda Packet materials, aftached herefo and
made a part thereof.
62 Peter Coyle, land use attorney firom Larkin, Hoffman, et al, 7800 Xerxes;.
63 Blaomi.ngton, MN
€�4 �Ar. Coyle, speaking for a large group of residents a.t Ferriswoad and MicEland Grove, ir�
6� addition to Mr. 5teve Enzler, advised that, while the group was supporti�e �f a refatively
�i� dense use of this praperty, they were not supportive af this high of a density guid.ing its
6i d.evelopment. Mr. Coy1e opined that fhe proposed use was not an apprapriate transition
68 or apPropriafe use of residential streets; and that the praposed use was too much f.ar the
69 availabfe land and site. Mr. Coyl� presented, for the recard, a new petition from fhe grou�
70 of prope�ty owners he repres�nts:.
71 NEUIr PETlTlON
�� "Beaause of fhe safety issues due to traffia congestion, diminished aesthetic�,
�3 remo�al of trees a�d a possi�le decrease in our property value, the following
7� resid�nts o the Midiand Grorre Gondo Assaciation are signi.ng this �etition to
�5 oppase any change of zor�ing ardir�ances to aecommoda�e the building of any new
7� multiple housing proposal at 2D25 County Road B, Roseville, MN, by Art
?7 Mueller," attached hereto and made a part fhereof.
7� Mr. Coyfe expounded on rationaEe for the petition including failure to consider this parc�i
79 in the recently amended CompreF�ensive Plan; need to make this use comparabfe to
8C� other and similar uses in the area tha# wauld be respec#ful and compatible with those
81 existing uses; and opi.ned that the proposal needed substantially more work befor� it was
B2 accepiable in ihis established neighborhoad. Mr. Coyle advised that fhose he
a3 represented were not opposed to development of the property; however, that they were
8� asking for r�asonable density compaiible wiih surrounding sites a.nd projects.
85 Scott Roste, President of Mid[and Grove Gondominium Association, 2220 Miciland
86 Gro�e Road #211, representing rnembers interested in this project
�7 Mr. Roste further addressed the 107 petitioner signatures collected and their
g� representafion at tonighf's meeting; a.nd noted that this petition was different than that
�� �resented at the previous meeting; and opined that residents would �e in favor of
90 development of t�e property, but at a Low ta Medium Density designation..
91
Chair Bakeman read the peti#ion into the record.
92 M:arie Woehlice, 21$1 Ferris Lane, �erriswood Condominium Associatior�
�3 Ms. Woehlke, having purchased her property two (2) years ago, expressed her distress
�� about a pot�ntial rental property adjacent to her property; apining that owner=occupied.
�5 buildings were better maintained and more attractive. Ms. Woehlke opined. that the
96 building was still tflo tall; was too close ta her and Mr: Enzler's properties; and toa close
9� to the lot line, creati�g issues of potential noise and lack af privacy, and blocking sunlight.
�8 Ann Bursh, 2220 Midland Gro�e,. #201
�9 Ms. Bursch advised that s�e had performed a personal survey a�er the past week of the
1�� number af existing seniar living unifs in fhe Rosevill� area; and expressed cancerh,
��� based on her findings related to existing vacancies, with the senior hOU54f1� market
��2 becoming saturated. Ms. Bursn asked that Commissioners consider the current econamic
1�3 situation and potential sales of senior citizen's homes in that marke#, in additian to their
���a reduced sales pric�; address density a�d traffic concems as pre�iously expressed; and
��5 noted ongoing concerns with toa much building on too small of a site and reduced green
��� space.
�07 Ro�aid G. Rumpsa, 2201 �'erris Lane (Ferriswood Apartments)
�08 Mr. Rumpsa concurred with the comments of Mr. Coyle, opining that density was ff�e
109 rri.ajor issue of concern; and opined that this proposed use was such a dramatic
�1Q deviation, and that it was inconsistent with fhe adjacent properties. Mr. Rumpsa asked
1� 1 that residents' quality of life be enriched, not reduced. Mr. Rumpsa further addressed
��� exist[ng iraffic volumes on County Road B between Fa.ir�iew and Cleveland A�enues,
�� 3 and impacts wit� additiona� units in that area.
�i4 Alle�e Wiley, 2220 Midland Grove Road, #206
1 � 5 Ms. Wiley concurred with Mr. Rumpsa's traffic concerns; and fur#her addressed the
�1� proposed exit road from the devefopm�nt site onto Midland Grove Road, and negative
�1� impacts to access abiEity, in addition to emergency �ehicfe consideratians.
118 Russ Sherer, 2203 Ferris Lane
��� Mr. 5herer ex�ressed concern related to egress frorr� F�rriswood, when heading east of
12� Highway 36 and exiting on Cleveland and the need to crass over three (3) lanes of traffic
12� t.o make a left hand turn onto County Roa.d B.
122 Dorothy Kunze, 2220 M.idland Gro�e Road, #205
�23 Ms. K.unze providetE comment, o�ining thai tax re�enue should not be the only
3�4 consideration for the City, but also that of aesthe#ics; and apined that this was too large of
125 a building on tao sma!! of a plot of land, and that this was not what the Roseville residents
12� have known for a considerable amount of time.
127 Eileen Stack, RfV, 222D Ferris L.ar�e
128 Ms. Stack, as a Fai.th Community Nurse at the Church of Corpus Christi, noted that she
12� had clients in many area haines; and that based on the curreni economy, they were
13� continuing to live in their homes, rather than move, due to their inability Eo sell their
131 homes; and opined ti�at tF�is should be of major concern to the City.
132 Bob Stoika, 2220 Midland Grave Road, #106
133 Mr. Stoika concurred with cancerns expressed about whether this praposai would f# in
�34 with the neighborhood; opining that Midland Grove was a park-iike sefting; and thaf this
�35 project would not fit in.
�36 Vijaya [SP) Pothapragada, 225d Midland Gro�e Road, #1U5
737 Mr. Pothapragada a�dressed Section 6.1 of the staff repori, detailing traffic and daily trips
�3� based on the proposed number of units; and asked that other complications be
�39 considered (i.e., employee and staff parki�g needs; visitor parking; deliveries ta the site;
14� and emergency arrbulance servi.ces) and those additionaE traffic impacts to the
1�1 neighhorhood.
142 Fre.d Ghristianson, 2220 lV�iciland Grove
ta3 Mr, Christianson, as a former Planner in the United States and Canada, applauded the
�44 effor#s af those speakers and their eloquence. Mr. Christianson asked that the
�a5 Commission remember that their decisians were Iong-term; and concurred with the
�a� comments of Attorney Peter Coyle.
�47 Ste�e Enzler, representing family, 9995 W County Road B
� 4� Mr. Enzler read an e-mail from Frank Vllaltan of the Roseville Hisiorica] Society, related ta
�49 ihe histaricai nature of his family property, idenfified on the Heritage Trail, �#47, and the
�50 lack of notice of the Historical Society of any proposed activities on this site; and future
151 notice in accordance. Mr. Vllalton's comments addressed concerns with mass and the
1�2 need to hanor the green space indicative of this property.
153 Mr. Enzler's personal comments inciuded apining t�at the current proposal may rr�ore
15� accurately reflect future use of the property; that it was apparentiy not the intent of the
155 Comprehensive Plan to eliminate his single-family residential pro�erty. Mr. Enzler opined
1�6 that Mr. Mueller was aftempting to undermine code limits by use of the pUD applicatian;
�5� and further opined that the building s#ill remained massive in relationship to his property
158 and home; and t�at his property would experience dramatic and negative impacts to
�59 sunlight, air and view; and opined that it seemed to be a reasanable ciaim that this could
16o damage the vafue of their home in addition to iF�eir quality af life.
�61 Mr. Enzler noted previ.ous lat. line delineation errors; and expressed his willingness ta
��� wark wi.th Mr. Mueller in seeking resolution.
i 53 Andy Weyer, 2025 W County Road B
1�� Mr. Weyer �resented his historical perspecti�e of the property, and rationale for it's
�65 inclusion on the Heriiage Trail based on the ariginal home's cons#ruction; and affered that
��� #he home could easily be relocated far greater use. Mr. Weyer opined ihat the property
�67 itself was nat of hisiorical import; and fhe home itself was originally moved from its farmer
��� facafion io facilitate consfruction of Midland Gro�e, which property was originally awned
169 by his ancestors, and allowing f.or growth and �rogress. Mr. Weyer opined that things
�7� change; and there was value in mo�ing forward for ihe cam.munity, as well as with what
�7� rernained of his fami{y homestead.
�72 Allene Wiley
173 Ms. Wiley opined that Mr. Weyer had his own pri�a#e road, mailbox and address and
17a would experience minimal impacts to his private properiy; however, she no#ed that while
1�, he wauld make considerable money an the sale of this r�maining portian of his famify's
1 f� farmstead, it did�'t mean tha# Midland Grove f�oad needed to be further impacted. Ms.
177 Wiley opi�ed �hat it may be more advantageous to Mr. Weyer financially if the praperty
178 were sold for single-family ho�sing and pro�ide an asset to the neighbarhood rather than
179 a detrimenf.
18Q Art Muelter, De�eloper
�81 Mr. Muefler responded to public comments; and provided his historica] perspectiWe af and
�82 his personal development of Midland Grove and �erriswood., in additian ta this proposal;
�83 noting #he positi�e benefit o# the previaus projects ta the City. Mr. Mueller questioned if
�8� there were others supparting the project, but not appearing to speak in that support; and
�85 noted his experience in receiving positive supporf for the proposed praject and the need
�86 for this senior hausing option.
187 Chair BaEcema� closed fhe �ublic Hea�ing at 10:40 p.m.
� 88 MOTION (9.1 j
189 Mernber Bakeman mo�ed, secanded by Mem6er Boerigter to RECOMM�N�
19fl APPROVAL of the COMPR�FiE.NSIVE LAND USE MAP AMENDM�NT oi 2025
191 County Road B West from Low Density Resid:e�tiaf ta High Density Residentiaf.
192 Discussion included clarification thaf the density designation would stay with the property
193 even if this proposaJ was not appro�ed, while further clarifying the process through items
194 to �e solidified (i.e., PUD Agreement; submissia� of plans and documents; recording af
195 rezoning of the praperiy with Ramsey County; Camprehensive P1an amendment through
1�6 the Metrapolitan Council; related issues to support this project); and the need for anather
1�7 PUD for any ather project on this parcel; and S#ate statute requirements for
19� Comprehensive Plan and Zoning consistencies:
199 Commissianer poh�rty spoke in opposition to the proposal, e�en with reduced story and
20� units, based on moving from Low Densify to High Density rather than Medium Density
2�i designatian.
2�z Commissioner Wozniak concurred with Cammissianer boherty, apining ihat the proposed
2�3 use was fao dense and foo high in a sir�g�e-family residentiai area. Commissioner
�C�� Wozniak advised that he could suppar# Medium Der�sity designation; and still had
2�� concerns with traffic and too many units for this size of property, given neighbors and the
2�6 ofher surrounding uses.
2�7 Commissioner Gottfried concurred with Commissioners Doherty and Wozniak,
2�� expressing concerns wi#h transitioning i�to the neighborhood; and supporting Medium
2t�9 rather #F�an High �ensity designation.
2�o Mr. Paschke encouraged Commissioners to look at the Gomprehensive Plan as a guid�,
2� � and the density designations as addressed in Sectian 5.6 of tf�e staff report.
212 Commissioner Best noted that Midland Grove to the narfh was f�igh Density; and opined
2� 3 that if the site were de�eloped based on those guidelines per acre, fhis wauld still be High
214 De.nsity; and fuiiher opined tha.t it would be appropriate and that he would support tF�at
2i 5 designatian.
216 Commissioner Martinson concurred with Commissioner Best to a certain extent, opining
217 that if Wigh Density was applicable to Midland Gro�e, it migh# also be reasonable on this
2�8 site; and no#ed that the de�eloper had made scale re�isions that were an overall
2�9 improvement from the ariginal proposal. C�mmissioner Martinson observed thai
22� realisticalfy, the City of Rose�ille experienced traffic problems throughout the City, in
221 addition to the region. Commissi�ner Martinson express�d that she had remaining
222 reserva#ior�s about this proposed project and land use designatio�; and opined that she
223 would be mare inclined to support a Medium lJse designatian.
224 Corrtmissioner Boerigter opined #hat, given the densi:ty of the adjacent mulii-family
225 properties, this site seemed appr�priate for High Density designatian; and in aomparisan
226 ta other part of the City transitioning from Low to High Density, this was not an
22� uncommon situation. Commissioner Boerigter further opined that, in looking at the overall
22B pic#ure, the praperty wouldn't probably develop into single-family homes; but seemed
229 more applicable for High Density designation. Commissioner 8oerigter recagnized public
23� camments and concerns; however, was stiil of the opinion that this parcel serves as a
231 transitian for the neighborhood and properties across the street, to be consistent, he was
232 still concerned that ihis project remained of too large a sca]e to this site.
233 Chair Bakeman apined that High De�sity designation was apprapriate, due to the
234 proximi�y of Midland Grove at close to 19 unitslacre; and the ability to limit the maximum.
235 units per acre with the PUD; and that 12 units per acre was not dense enough with
z36 Midland Grave's praximity directly adjacent. Chair Bakeman further apined that with the
23� standard street width of 32', she was not concerned about tra�ic volume. Chair Bakeman
238 opined that she was inclined ta support Migh Density designation, and capping that
23� density through PEJD controls.
24o Commissioners 8est and Martinson cancurred.
2�1 Coinmissioner Martinson opined that it made logical sense to change the zoning, with
2�2 Midland Grove immediately adjacent; however, she expressed wariness as to whether
243 the Pl1D was a sound way to limii density.
244 Ayes: 4(Boerigter; Best; Martinson; Bakeman)
245 N.ays: 3(Doherty; Wozniak; Gottfried)
246 Motion carried.
247 MOTION (9.2)
2aa Member Bakeman mo�red; sec�nded by Member 6est to RECOMEMND APRPOVAL
249 of �.he REZONING af 2025 County Road B from Singie Family Residen.tial {R-1) to
25o Planned Unit De�elopment (PUD), with an underlying zoning of General Residence
251 Distric.t (R-3)..
252 Ay�S: 7
253 Nays: 0
25a Motion carri:ed.
255 MOTION (9.3)
256 Member Bakerrian ma�ed, seconded 6y Member Gottfried to RECOMMEND
257 APPROVAL of the G�N�RAL CONCEPT PLANNED UNI7 �EVELOPNfENT, as
2a� prepared for t�e March 4, 2009 Planning Commissian meeting; subjeet to the
2�9 conditions of Section 9 of the staff report dat�d March 4, 2009; with final appro�a!
26o by the City Couneil considered af#er all conditions ar�d required documenis and
261 permits have been su6mitted for final approrral; w�th those final approvals
2�2 consic�ered as a separate applicatian process.
z�3 Commissioner Boerigter questioned the actual concern in making this rezoning change;
z�4 noting that it shoufdn't be traffic; the building footprint had been reduced; and nated that
2�5 the current proposal was close to setback requirements and had limifed deviations from
2�� square fooiage requirements. Commissioner Boerigter noied that the building mass coultf
267
268
269
27C3
2!1
remain even if the developer chose to reduce number units and make them bigger wiihin
the same footprint.
Chair Bakeman expressed concern with the size of the building; and sugges#ed that with
a separate limitation on #he building size or mass, it may help neighbors' concerns and
keep the b�aifding to a reasonable size.
272 Commissianer Gottfried opined that he was not as concerned about traffic capacity as
2�3 with the scale of the building: its size, mass and height cr�ating the overalE scale.
2�4 Cammissioner Gottfried o�ined tF�af the proPosed buiiding se�med overkill in pra�iding
275 cantinuity af the neighborhood.
27s Mr. Paschke addressed density versus mass issues; perceptions of a truss roof system
277 rather than a flat roof system; locafion of two (2) majar thoraughfares on either side of the
27H property; previous consideration of a townhome project [n �995, and consideration of
279 Medium Density of the parce.l at fhai time; and transitions into other single-family uses.
2�3t� Mr. paschke indicated that, if building scale was stfll an issue, there were exterior fa�ade
2�1 designs tha.t could visually recivae the perceived building scale and other available
282 mitigation measures.
283
284
285
28fi
287
28g
289
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291
2�J2
Z�J3
294
�95
29G
197
29f3
2�39
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Ghair Bakeman and Commissianer Wozniak opined that, if the building didn"t �ave the
norih-south piece or waEl, it may fit better, rather than the footprint filling the entire parceE,
and pro�iding for more green space.
Commissioner Best opined that the private market and economy would dictate the
density ta some ir�easure; and noted the ongoing work of staff and the applicant on
reducing the footprint and increasing the green space.
Cammissioner poherty suggested conditions #hat would pro�ide an average, no#-to-
exceed square footage per unif; that wauld ultimatefy reduce the number of units and the
building footprint.
Commi�sioner Baerigter suggested that, rather than Commissioners attempting to
redesign the project, ihat the �ote be called, leaving the decision up #o Mr. Mueller and
his architects.
Gommissioner Gottfried concurred; opining that this seerr�ed to be good logic, and that
none af the Gommissioners were engineers, nor did they hav� a vested interest in this
proper�y.
Ayes: 1 (Boerigter}
Nays: 6(Best; Wazniak; Martinson; Gottfried� Doherty; Bakemanj
Motion failed.
Chair Bakeman nated that the case was tentatively scheduled fo be heard by tF�e Ci#y
Cauncil at their March 23, 2009 mesting.
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Attachment I
EXTRACT OF MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF ROSEVILLE
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Roseville, County of Ramsey, Minnesota, was held on the l lth day of May 2009, at 6:00 p.m.
The following members were present:
and was absent.
Council Member introduced the following resolution and moved its adoption:
RESOLUTION NO.
A RESOLUTION APPROVING A COMPREHENSIVE LAND USE MAP
DESIGNATION AMENDMENT FROM LOW DENSITY RESIDENTIAL TO HIGH
DENSITY RESIDENTIAL FOR 2025 COUNTY ROAD B(PF09-002)
WHEREAS, the Planning Commission, at a public hearing held on March 4, 2009,
pertaining to the request they received from the Andrew and Sue Weyer (property owners), and
Art Mueller (applicant) for a Comprehensive Land Use Plan Amendment on property addressed
at 2025 County Road B; and
WHEREAS, the proposed Comprehensive Land Use Plan Amendment requires a map
designation change from "LD" (Low Density Residential) to "�ID" (High Density Residential);
and
WHEREAS, said properties are legally described as:
Requires Legal Description
WHEREAS, after required public hearings, the Roseville Planning Commission
recommended approval (4-3) of the request for a Comprehensive Plan Amendment; and
WHEREAS, the Roseville City Council at their meeting of May 11, 2009, was presented
with the proj ect report from the Planning Division regarding the subj ect request; and
NOW THEREFORE, BE IT RESOLVED, the City Council hereby approves the
amendment to the Comprehensive Plan from "LD" (Low Density Residential) to "HD" (High
Density Residential) for the property at 2025 County Road B, subject to the following
conditions:
a. The review and comments of the Metropolitan Council.
b. Passage and publication of an ordinance properly and consistently rezoning the
subject parcels.
The motion for the adoption of the foregoing resolution was duly seconded by Council
Member and upon vote being taken thereon, the following voted in favor:
and voted against;
WHEREUPON said resolution was declared duly passed and adopted.
Page 1 of 2
Resolution — The Orchard — PF09-002
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
l lth day of May 2009 with the original thereof on file in my office.
WIT`NESS MY HAND officially as such Manager this l lth day of May 2009.
William J. Malinen, City Manager
Page 2 of 2
Department Approval
��. .�: ��
Item Description:
l�'�,
Jy
REQUEST FOR COUNCIL ACTION
Date: 05/11/2009
Item No.: 12.b
Acting City Manager Approval
Authorize a Joint Fiber Optic Installation Project
� .�: ��
BACKGROUND
Since 2002, the City has capitalized on a number of opportunities to install fiber optic communication lines
to connect City facilities. In 2006 the City partnered with Access Corporation, a private
telecommunications service provider, to install fiber along County Road S2 between Snelling Avenue and
Rice Street that would serve the City of Roseville, the Roseville School District, and Independent School
District #916 (Northeast Metro) .
Most recently in 2008, the County Road S2 backbone was extended to Harriet Alexander Nature Center,
Central Park Elementary School, Roseville Fire Station #3, and Park View School via a lateral fiber optic
connection along the Dale Street Corridor.
Over the past winter City Staff inet with officials from the Roseville Area School District and Ramsey
County Library to develop a fiber construction plan to connect additional public facilities to the existing
fiber backbone. Soth the City and the School District rely heavily on the Comcast-provided Institutional
Network (INET) for inter-building network connectivity. The use of the network is granted by the City's
competitive local cable television franchise agreement. However not all sections of the INET provide fiber
connectivity. A number of sites use cable modem technology with outdated equipment that cannot deliver
the network speeds and bandwidth required to deliver applications to remote facilities. Additionally recent
FCC rulings bring into question the availability and use of the INET beyond the current franchise
agreement due to expire in 2012. To insure continuity of business services absent the use of the INET, it is
necessary to develop a strategic communications plan to include construction of municipal fiber optic cable
to public facilities.
City Staff, in conjunction with Roseville School and Ramsey County Library Staff, are recommending that
the following facilities be connected in 2009:
• Roseville Area High School (RAHS) connection to City Hall.
• Roseville Library connection to City Hall and RAHS.
• Cedarholm Golf Course connection to City Hall
• Falcon Heights Elementary to RAHS and Library
• Srimhall Elementary to RAHS, Fairview, and Library
• Fairview Community Center to RAHS, Library, and City Hall
Page 1 of 9
The inclusion of Roseville Library in this project is part of a county-wide municipal effort to interconnect
the library system with METRO-INET, the consortium of cities that share information technology services.
The cost of this multi-segment fiber optic pathway would be approximately $275,000, of which, $118,750
would be paid for by the City with the remainder paid by the School District and Ramsey County Library.
Each agency would individually be responsible for the cost of connecting their respective facilities to the
pathway. The cost to connect City facilities would be approximately $16,000 to connect City Hall and the
Golf Course to the fiber pathway. If the project is approved, it is anticipated that cost-sharing and usage
agreements would be entered into by the City, the School District, and Ramsey County Library.
POLICY OBJECTIVE
Multi jurisdictional agreements and projects are consistent with the goals and strategies identified in the
Imagine Roseville 2025 process. The joint construction of a fiber optic network will serve a larger number
of constituents and achieve greater economies of scale than if the City would to construct one separately.
FINANCIAL IMPACTS
The estimated cost for the fiber project detailed above for the City of Roseville would be $134,750. Monies
for the project were included in the City's 2009 Equipment Fund Sudget.
STAFF RECOMMENDATION
Staff recommends the Council authorize Staff to solicit proposals for the 2009 Joint Fiber Outlay project
with the Roseville School District and Ramsey County Library System
REQUESTED COUNCIL ACTION
Motion to authorize Staff to solicit proposals for the 2009 Joint Fiber Outlay project with the Roseville
School District and Ramsey County Library as outlined in this Staff Report.
Prepared by: Chris Miller, Finance Director
Terre Heiser, Information Technology Manager
Attachments: A: Draft Fiber Optic Network and Technology Master Plan (for background purposes only)
B: Ramsey County Library System Summary (for background purposes only)
C: 2009 Fiber Project Summary and Fiber Map
Page 2 of 9
10U
Attachment A- Working Draft — City Fiber Optic Network and Technology Master Plans
City staff has begun assessing its network infrastructure needs and interests for the future, taking into
account both the needs of the City for its municipal operations, but also the opportunity to extend a
municipal fiber utility infrastructure to other public entities, including our school districts, neighboring
cities, the County and also to the State of Minnesota. The City desires to be well-positioned to enhance the
quality of life, economic vitality and delivery of government services in Roseville through the strategic use
of telecommunications technologies and fiber optic utility infrastructure. The Imagine Roseville 2025
process identified the need to provide sustainable, cutting edge technology to support educational
opportunities, provide cost effective city services, and support a citywide technology infrastructure that is
accessible to the private sector.
Within this context, the City seeks to develop a Municipal Fiber Optic Network and Technology Master
Plan to identify the current telecommunications infrastructure; ascertain future telecommunications needs
and services; and determine potential roles and partnership opportunities to help the City meet such needs.
The effort would include an analysis of:
• the uses of existing City rights-of-way for telecommunications infrastructure and methods to
protect these valuable assets while encouraging location of new technology within the
community;
• the types of telecommunications systems that best promote community objectives and the
electronic delivery of government and institutional services;
• public and business partnership models that promote increased use of telecommunications
technologies within the community;
• alternate strategies that could accomplish the same goals without public financing;
• how telecommunications providers might help the City achieve these objectives; and;
• financial models that clarify likely City roles in the telecommunications arena.
The kinds of questions that need to be explored include:
• how the City might encourage greater competition and consumer choice in telecommunication
services;
• what the City can do to promote universal access and telecommunication literacy;
• whether the City should construct its own fiber network or "loop";
• how the City might enhance the delivery of government services;
• and the role of telecommunications to enhance the economic climate of the City.
It is suggested that the City explore two economic models to determine the appropriate role for the City to
undertake: a Citywide full-service network (cable TV; telephone; high speed data services); and a City
institutional network model. Regardless of the network approach chosen, it is important to note that the
recommendations of the modeling component are in addition to the services and telecommunication
solutions offered by the traditional private telecommunication providers.
Page 3 of 9
Potential roles for the City may include:
� • Develop internal infrastructure, including City-owned conduit with fiber linking its facilities on
� a priority and cost justified basis. The first phase of this approach would also include other
� governmental institutions such as facilities of the Roseville Area School District
� • Secome a provider of external infrastructure as a lesser of conduit and/or fiber to non-
� governmental institutional entities.
� • Secome a provider of a full-service network to external, non-governmental institutional entities
� and City residents.
� In any of the above three options, the City might partner with an established telecommunications provider.
� The partner and City could jointly develop and provide the above assets and services, subject to their
� economic and technical feasibility, under a multi-phase agreement.
� Staff recomn�ends the development of a fiber optic telecommunications network for use by public
� agencies and institutions with additional capacity for leased conduit and/or fiber to non-governmental
� entities.
� Enhancements to Delivery of Government Services
� Over the past few years, the City's internal use of telecommunications technologies has grown significantly.
� The City now operates and depends on a sophisticated local and wide area network that connects staff at all
� City facilities for voice and computer communications. This advanced network is extended to 14 other
� public agencies (Chart A.). There are currently 43 public buildings (Chart S.) connected on an existing
� network compromised of municipal fiber optic cabling and a Comcast provided co�ial and fiber optic
� network. Whereas the City has already made investments in it's own fiber optic network, the vast majority
� of the infrastructure is provided by Comcast as part of the City's local cable television franchise through the
� provision of an Institutional Network (INET) . However many portions of the INET still operate on outdated
� co�ial cable connections and equipment which do not provide the reliability necessary to sustain advanced
� applications like IP telephony and GIS applications. And with the uncertainty of any provision of local
� cable television franchising beyond the current agreement that expires in 2012, it is necessary that the City
� make every effort to begin development of an alternate to the Comcast network.
� The City has made significant investments in telecommunications technologies, including IP Telephony,
� Geographical Information Services, document imaging and management, network video security and
� surveillance, and Internet access. To support these services, high bandwidth connections are required to
� interconnect key network hubs like the City Hall Data Center to municipal facilities located throughout the
� City and neighboring communities.
� Fiber optic networks provide the capacity for supporting technologies now being implemented and provide
� opportunities to deliver high bandwidth video and multimedia applications to City facilities and the public
� as planned in the near future, facilitating video conferencing, video training, integrated voice and data
� applications, and full motion video and sound. Other facilities on the City wide area network now require
� bandwidth upgrades to support new demands.
146
Page 4 of 9
Senefits of Municipal Fiber Network
� Development of a municipal fiber optic network has been identified as a key strategy to provide the
� bandwidth necessary to support enhanced service delivery and to give the City control over operating costs
� for its internal telecommunications needs. Additionally, the network would:
� • present opportunities for sharing telecommunications services with the school district and joint
� powers agencies;
� • provide a secured and reliable private network for supporting public safety and emergency
� response;
� • present revenue opportunities for the leasing of City-owned conduit and fiber to
� telecommunications providers and businesses in Roseville;
� • provide a foundation for promoting continued investments in the City's telecommunications
� infrastructure by telecommunications providers and local institutions and businesses;
� • provide a framework to contribute to a regional telecommunications network;
� • extend infrastructure into strategic areas of the City and provide the backbone to enable a
� broader network to be developed if it is shown to be technically and economically feasible.
� The proposed municipal fiber network could be developed in conjunction planned public works projects
� which will provide cost savings by combining utility trenching required for other purposes like sewer and
� water.
� The fiber optic network should be viewed as a foundational network, harnessing one-time opportunities in a
� coherent infrastructure plan and setting the parameters for future infrastructure investment. A municipal
� fiber network serves several immediate objectives of the City and at the same time lays the foundation for
� the evolution of a wider network serving more customers, if deemed feasible in the future
� telecommunications market. The City's exploration of strategic public/private partnerships will yield
� important information about what private sector providers will commit to further develop the
� telecommunications network in Roseville and the region. In short, immediate City business opportunities
� can be realized and the business risk elements of the network can be mitigated and minimized with this
� proposed approach to a network venture.
� In summary, the following are key policy recommendations to be considered for inclusion in the Fiber
� Optic Network Master Plan.
� [DRAFT] The City should continue to develop its municipal fiber network for the purpose of connecting
� key public institutions. The network should be tied to other public works projects whenever possible to
� lower construction costs and can be expected to provide service to identified sites within 48 months to
� coincide with expiration of the current cable franchise agreement. Priority must be given to underserved
� facilities currently connected to the outdated co�ial network. The network will support the continued
� development of advanced voice, data and video services for institutional partners and ensure that the City
� will continued to be a leader in the use of modern telecommunications systems to provide quality public
� service.
� [DRAFT] Potential public and private partners for construction, financing and operation of the fiber optic
� network should be identified. This effort should proceed while the network is under development, as an
independent project with its own schedule and goals. The scope of partnership could range from lease of
Page 5 of 9
excess City-owned telecommunications conduit and/or fiber strands to full partnership in the development,
financing and management of the municipal fiber optic network.
1
� [DRAFT] A policy statement should be adopted that encourages cooperative access to modern
� telecommunications services, taking the following concepts into account:
1
� • Encouraging access at specific types of facilities such as schools, libraries, and public facilities
� owned or controlled by government.
� • Promoting interconnectivity, interoperability and open access.
� • Providing incentives or other mechanisms to promote businesses and others to support the
� policies, such as a special fund for those who adopt and take actions consistent with the policies.
[DRAFT] City staff will continue to expand upon the use of telecommunications technologies for electronic
delivery of government services. Expected outcomes include increased availability of government
information and services, support of community services, increasing public awareness of local issues,
promoting public involvement and sense of community, and enhancement of City business activities
through electronic commerce.
SUDGET/FINANCIAL IMPACT
Preliminary estimates for the City portion of the Municipal Fiber Optic Network to be $2 million required
over the next five years. These funds could be considered in the context of preparation of the 10-year
Capital Improvement Plan as part of the 2009 City budget process.
Page 6 of 9
Attachment B- Connecting Community Partners — Ramsey County Library System
� The Ramsey County Library System is comprised of seven branch libraries located in suburban Ramsey
� County; Roseville, Arden Hills, Mounds View, Shoreview, North St. Paul, Maplewood, and White Sear
� Lake.
� Currently the branch library in Shoreview serves as the primary data distribution point for the
� Library system. Each of the other branch libraries connect back to the Shoreview Central
� Library to access internal database servers and to provide patron access to the Internet.
� With the increased demand and use oflnternet access terminals at the branch libraries,
� providing suff cient bandwidth to these locations became increasingly diff cult to sustain and
� afford Leased data circuits (TI data lines) that were suff cient 5 years ago could no longer
� provide the necessary bandwidth to support library operations.
� In 2005, City staff inet with representatives from the Library to explore technology partnering
� opportunities. Identified was the need to improve connectivity between the branch libraries and to
� increase Internet bandwidth for library patrons. A relationship was forged to find a solution.
� The first phase of the project was to utilize the existing Institutional Network (INET) to provide
� county-wide connectivity between the branch libraries. This required building a network connection
� between the local library building and the adjacent City Hall.
� Shoreview
� In a joint project with the City of Shoreview, a fiber optic connection was constructed between the
� Shoreview Library and Shoreview City Hall. This provided the Central Library access to the INET.
� With this new connection, the Library was now able to access a shared Internet connection at Roseville
� City Hall. This connection increased the Library's connection speed from 3Mb/s to 10 Mb/s, and
� reduced the City's operating expense for Internet access.
� North St. Paul
� In North St. Paul, the Library participated in a remodel of the North St. Paul Community Center to add
� a branch library within the building. This cooperative effort provided access to the INET through the
� City's existing connection, paving the way for the first high-speed connection between a branch library
� and the Central Library.
� The partnership continues to create additional cost sharing opportunities and benefits to the community.
� The Library provides three managed Internet terminals at the Community Center, providing patron
� Internet access even when the Library is closed.
� Maplewood
� With the opening of the new Maplewood Library in 2007, the number of Internet terminals increased
� considerably, putting more pressure on the Library system for bandwidth between the branch library
� and Shoreview. The City of North St. Paul constructed a fiber optic connection between the North St.
� Paul branch location and the new Maplewood Library. The Library leases the connection from the City.
� This provides an ultra-high speed connection between these two libraries and aggregates access back to
� the Central Library.
� Mounds View
� Following on the success of the projects with the other cities, in 2007 Mounds View constructed fiber
between their City Hall and the Mounds View branch library. Like with Maplewood, the Library leases
Page 7 of 9
the fiber. Sy connecting to City Hall, the Library and the City share the INET connection that provides
_ access back to the Shoreview Library.
� White Bear Lake
� In 2008 the same concept was applied to the White Sear Lake branch library; connect City Hall to the
� Library with fiber optic cable, creating a network cluster. The Library leases a portion of the fiber to
� connect to City Hall and utilizes White Sear Lake's INET to make a connection to the Maplewood-
� North St. Paul network cluster and to connect to the Central Library.
� Roseville and Arden Hills
� The branch libraries in Roseville and Arden Hills are currently on lower speed, leased data
� circuits. The proposed 2009 Joint Fiber Optic Project will connect the Roseville branch to
� Roseville City Hall to connect to the INET and subsequently to the Central Library in
� Shoreview.
� Summary
� The concept was relatively simple. Create network clusters by interconnecting a library building with a
� City Hall (and any other nearby public buildings) . This provided an immediate improvement for the
� Library by sharing existing City network resources.
� The challenge ahead is to find the financial resources to construct fiber between the groups (clusters) of
� buildings. Absent access to fiber, creating network clusters has already provided the opportunity to reduce
� the cost of leased data services. A single leased, high-speed data connection can serve an entire cluster.
Dozens of public facilities can be interconnected with just a handful of leased data circuits.
Page 8 of 9
Attachment C- 2009 Project Summary
� Hamline Corridor Fiber Optic Service Area
� The Hamline Corridor Fiber Optic Service Area (FOSA) extends from Roseville City Hall westerly to
� Hamline Avenue and then south to the intersection of Garden Avenue and Hamline. The fiber optic service
� line will provide connectivity to facilities directly adjacent to Hamline Avenue. This service line is divided
� into two sections; Hamline Corridor North; and Hamline Corridor South. The pathway is segmented to
� provide cost sharing opportunities with the School District and Ramsey County Library.
� Hamline Corridor North (See Map A)
� This fiber segment along the Hamline Corridor FOSA terminates at the intersection of Commerce Street
� and Hamline Avenue. This primary segment will provide connectivity between Roseville City Hall,
_ Roseville Area High School, and the Roseville Library. Each agency has an equal need for interconnecting
_ these three primary facilities to share in services delivery and to provide opportunities for equipment
_ collocation. The Library will serve as a secondary fiber connection point for city and school district
_ facilities located south of Trunk highway 36. Utilizing the Library for this purpose minimizes the amount of
_ fiber necessary to provide network redundancy in the event a fiber cut. The three agencies will share the
_ cost of this segment.
_ This fiber segment will also connect to the existing County Road S2 backbone at the intersection of
_ Hamline and County Road S2 to reach City facilities within the Dale Street Corridor Fiber Service Area.
_ These facilities include Fire Station #3 and the Nature Center. This segment will also provide fiber
_ connectivity to Cedarholm Golf Course.
_ Hamline Corridor South (See Map B)
_ This fiber segment continues from the Commerce Street cross-connect vault o Garden Avenue. This
_ segment will provide connectivity between Falcon Heights Elementary and Roseville Area High School.
_ This segment will be used by the City for future connections to a number of storm water and sewer lift
_ stations in this section of the City. The School District and the City will share the cost of this segment.
_ Commerce Street Fiber Optic Service Area (See Map C)
_ The Commerce Street Fiber Optic Trunk is a lateral extension of the Hamline Corridor that extends
_ westerly from the intersection of Commerce/Hamline to Snelling Avenue, then southerly to County Road
_ S, then westerly along County Road S to the Fairview Community Center. This fiber segment will provide
_ connectivity to facilities adjacent to County Road S to include Srimhall Elementary and Fairview
_ Community Center.
_ This segment will be used by the City for future extensions to a number of storm water and sewer lift
_ stations located in the western portion of the City. The School District and the City will share the cost of
_ this extension.
_ This trunk will also serve as the primary route for future connections to Lauderdale City Hall, Falcon
_ Heights City Hall, and the University of Minnesota.
Page 9 of 9
Fairv
�s
� Selected Features
— Municipalities
� Road Centerlines (Caunry]
�/ County Road
NInterstate Hwy
nn State Hwy
G�•, Roads
Water
Struetures
� Parcel Polygons
Highway Shields
Street Name Labels
Cil O0I
DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and
data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only.
MAP A
IIs�mline C'orridor
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Hamline Corridor North
Start Point: City Hall Vault - 2660 Civic Center Drive
End Point: Commerce Street Vault
Pathway Distance: 7,000 Feet
Vaults: 5
Fiber Optic Strands: 144
Estimated Cost of Construction: $112,000
MAP B
IIs�mlinc C'�reidor - Suuth
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i r a;u^:c�-
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Hamline Corridor South
Start Point: Commerce Street Vault
End Point: Garden Avenue Vault
Pathway Distance: 4,850 Feet
Vaults: 5
Fiber Optic Strands: 144
Estimated Cost of Construction: $64,475
MAP C
Cammerce Street Interconnect
� _ Roseville boundary
Bridges
Road Pavement
Wa[er
Struaures
�I Parcals
� Pathway
QIntercannec
•Vault
DISCLAIIvIER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and
data ]ocated in various city, counry, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only.
Commerce Street Interconnect
Backbone Interconnect Point: Commerce Street / Hamline Avenue - Hamline Avenue Corridor
End Point (2009): Fairview Vault - 1910 County Road B
Pathway Distance: 6,600 Feet
Vaults: 8
Fiber Optic Strands: 144
Estimated Cost of Construction: $89,000
IFiber Trunk
Hamline North
Hamline South
Commerce Interconnect
Fiber Backbone
�City
ISchool
�Library
2009 Joint Fiber Optic Project - Financial Summary
Pathway (feet) Cost/Foot Est. Cost
7,000 $ 16.00 $ 112,000
4,850 $ 13.50 $ 65,475
6,600 $ 13.50 $ 89,100
18,450
$ 266,575
City $ 114,621
School $ 114,621
Library $ 37,333
$ 266,575
Summary Pathway
City Hall $ 83,121
Cedarholm $ 31,500
RAHS $ 37,333
Falcon Heights $ 32,738
Brimhall $ 22,275
Fairview $ 22,275
Roseville $ 37,333
Totals $ 266,575
Shares
3
2
2
$
$
$
All Segments
All Segments
Hamline North
37,333
32,738
44,550
Facility Total Agency Total
$ 12,000 $ 95,121
$ 3,850 $ 35,350 $ 130,471
$ 5,000 $ 42,333
$ 9,925 $ 42,663
$ 4,862 $ 27,137
$ 15,325 $ 37,600 $ 149,733
$ 3,300 $ 40,633 $ 40,633
$ 54,262 $ 320,837
��-� �� . r� i'� r �.�' ± ` .
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sr
M. �E � = , . � _i.
�` -�� �_�- Roseville City Hall
�� � J 2660 Civic Center drive
L � ' � Roseville, MN 55113
�
�`' � . Primary Fiber Trunk:
� -------�:� - .�
� � � � �.`~ �r- �
� _ - �.-,�.� -
��- _ _ __ _ � �
� _ _ �°��
Estimated Costs
Facility Connection:
Connection Point
• Pathway — Building to City Hall Vault: 100 feet
• Pathway Cost ($20.00/foot): $2,000
• Fiber Count in Building: 96 strands
Hamline Corridor North
• Inside Termination (grounding, electrical, cabinet): $10,000
• Total Estimated Facility Cost: $ 12,000
Backbone Shared Cost:
City Hall Vault
• Fiber Count: 96 strands Hamline North, 96 strands Hamline South, 96 strands Commerce
• Pathway Cost : $ 83,121
Total Estimated Cost:
Estimated Useful Life
Annual Depreciation
Annual Maintenance (Locates)
Annual Depreciation (Equipment)
Depreciated Annual Cost
$
$
$
$
$
95,121
20 Years
3,400
3,600
10,000
21,756
Leased Communication Line Options
Frame Relay (T1/DS1) (1.5MB) $ 300/month $ 3,600 Annual
Metro-Optical Ethernet (10 MB) $ 1,530/month $ 18,360 Annual
Metro-Optical Ethernet (100 MB) $ 2,550/month $ 30,600 Annual
*Metro-Optical Ethernet (1G6) $11,560/month $138,720 Annual
*Comparable service in terms of technology and available bandwidth
°� Cedarholm Golf Course
' 2395 Hamline Avenue
,� Roseville, MN 55113
' �� ""'-� �r; y�"��
�
"ir
��..f '
� '��.
�
� = -. � Primary Fiber Trunk:
�� Connection Point:
�`�.�:
4 ! :. ti
F �.' . �;� �, , ��":�:.�..,,,1► � Termination Point:
.'� �� � '; . -.
�..� �__- .� � � • ��? _�,
Estimated Costs
Facility Connection:
• Pathway - Building to Cedarholm Vault: 100 feet
• Pathway Cost ($13.50/foot): $1,350
• Fiber Count in Building: 12 strands (12 City Hall)
• Inside Termination (grounding, electrical, cabinet): $2,500
• Total Estimated Facility Cost: $ 3,850
Backbone Shared Cost:
• Fiber Count: 12 strands Hamline North
• Pathway Cost ($4.50/foot): $31,500
Total Estimated Cost:
Estimated Useful Life
Annual Depreciation
Annual Maintenance (Locates)
Annual Depreciation (Equipment)
Depreciated Annual Cost
$ 35,350
20 Years
$ 1,767
$ 1,000
$ 1,500
$ 5,067
Hamline Corridor North
Cedarholm Vault
Roseville City Hall
Leased Communication Line Options
Frame Relay (T1/DS1) (1.5MB) $ 300/month $ 3,600 Annual
Metro-Optical Ethernet (10 MB) $ 1,530/month $ 18,360 Annual
Metro-Optical Ethernet (100 MB) $ 2,550/month $ 30,600 Annual
*Metro-Optical Ethernet (1G6) $11,560/month $138,720 Annual
*Comparable service in terms of technology and available bandwidth
���rr,.��.� �
-, � �
; r� J r J� ��-�j L����_� ,
�;;�. , ����
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. � , � - �+��
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+ L �
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Estimated Costs
Facility Connection:
Roseville Area High School
1261 Highway 36 W(approx. 1300 County Road 62)
Roseville, MN 55113
Primary Fiber Trunk:
Connection Point
Termination Point:
• Pathway — Building to RAHS Vault: 300 feet
• Pathway Cost ($0/foot): $0 (Completed 2007)
Hamline Corridor North
RAHS Vault
Roseville City Hall
• Fiber Count in Building: 48 strands (6 Fairview, 6 Brimhall, 6 Falcon Heights, 6 Library, 12
City Hall, 6 E.D. Williams, 6 open)
• Inside Termination (grounding, electrical, cabinet): $5,000
• Total Estimated Facility Cost: $ 5,000
Backbone Shared Cost:
• Fiber Count: 18 strands Hamline North
• Pathway Cost: $ 37,333
Total Estimated Cost:
Estimated Useful Life
Annual Depreciation
Annual Maintenance (Locates)
Annual Depreciation (Equipment)
Depreciated Annual Cost
$
$
$
$
$
42,333
20 Years
2,100
1, 800
1,500
5,400
Leased Communication Line Options
Frame Relay (T1/DS1) (1.5MB) $ 300/month $ 3,600 Annual
Metro-Optical Ethernet (10 MB) $ 1,530/month $ 18,360 Annual
Metro-Optical Ethernet (100 MB) $ 2,550/month $ 30,600 Annual
*Metro-Optical Ethernet (1G6) $11,560/month $138,720 Annual
*Comparable service in terms of technology and available bandwidth
�'.: ^ , �
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��
:'� ; �
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^,.
�� . �
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.; �
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--- ` �� �e
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Estimated Costs
Facility Connection:
Roseville Library
2180 Hamline Avenue
Roseville, MN 55113
Primary Fiber Trunk
Connection Point:
Termination Point (s)
• Pathway — Building to Library Vault: 100 feet
• Pathway Cost ($8/foot): $800 (conduit in place)
Hamline Corridor North
Library Vault
Roseville City Hall
Roseville Area High School
• Fiber Count in Building: 72 strands (6 High School, 24 City Hall, 6 Fairview, 6 Brimhall, 6
Falcon Heights, 24 open)
• Inside Termination (grounding, electrical, cabinet): $2,500
• Total Estimated Facility Cost: $ 3,300
Backbone Shared Cost:
o Fiber Count: 36 strands Hamline North
o Pathway Cost: $ 37,333
Totallnfrastructure Cost:
Estimated Useful Life
Annual Depreciation
Annual Maintenance (Locates)
Annual Depreciation (Equipment)
Estimated Annual Cost
:;
$
$
$
$
40,633
20 Years
2, 031
1,000
1,500
4,531
Leased Communication Line Options
Frame Relay (T1/DS1) (1.5MB) $ 300/month $ 3,600 Annual
Metro-Optical Ethernet (10 MB) $ 1,530/month $ 18,360 Annual
Metro-Optical Ethernet (100 MB) $ 2,550/month $ 30,600 Annual
*Metro-Optical Ethernet (1G6) $11,560/month $138,720 Annual
*Comparable service in terms of technology and available bandwidth
.�-�-��- , - �,:
� ��.�7. � i
_ _ �-
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.�: �:�, � .
ii�_ + . �
t C'1 ' ' _-- n �
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-• R, .., � � _
�w � ��+' ��.� l`
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' ' ��,�_.,,.� i . �;.,,j�„ _� �_ ,� "'�
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� :�- '�_�,.
_ , ,�,� � �� �"� �.- _ -
�" • ;a�; .���
. • �• "�
Estimated Costs
Facility Connection:
Falcon Heights Elementary School
1393 Garden Avenue
Falcon Heights, MN 55113
Primary Fiber Trunk:
Connection Point
Termination Point(s)
• Pathway — Building to Garden Avenue Vault: 550 feet
• Pathway Cost ($13.50/foot): $7,425
• Fiber Count in Building: 12 strands (6 High School, 6 Library)
• Inside Termination (grounding, electrical, cabinet): $2,500
• Total Estimated Facility Cost: $ 9,925
Backbone Shared Cost:
Hamline Corridor
Garden Avenue Vault
Roseville Area high School
Roseville Library
• Fiber Count: 12 strands Hamline South, 12 strands Hamline North
• Pathway Cost: $32,738
Total Estimated Cost:
Estimated Useful Life
Annual Depreciation
Annual Maintenance (Locates)
Annual Depreciation (Equipment)
Depreciated Annual Cost
��
.
$
$
$
$
45,163
20 Years
2,300
1,000
1,500
4,800
Leased Communication Line Options
Frame Relay (T1/DS1) (1.5MB) $ 300/month $ 3,600 Annual
Metro-Optical Ethernet (10 MB) $ 1,530/month $ 18,360 Annual
Metro-Optical Ethernet (100 MB) $ 2,550/month $ 30,600 Annual
*Metro-Optical Ethernet (1G6) $11,560/month $138,720 Annual
*Comparable service in terms of technology and available bandwidth
�f T _
-' ��_�S
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. 3 ��_,
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_ __. �� �
- �! . y �`,,�
"':j:.'�s,= ~ �
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Estimated Costs
Facility Connection:
Brimhall Elementary School
1744 County Road 6
Roseville, MN 55113
Primary Fiber Trunk: Commerce Interconnect
Connection Point: Brimhall Vault
Termination Point(s): Roseville Area High School
Roseville Library
Fairview Community Center
• Pathway – Building to Brimhall Vault: 175 feet
• Pathway Cost ($13.50/foot): $2,362
• Fiber Count in Building: 24 strands (6 High School, 6 Fairview, 6 Library, 6 open)
• Inside Termination (grounding, electrical, cabinet): $2,500
• Total Estimated Facility Cost: $ 4,862
Backbone Shared Cost:
• Fiber Count: 18 strands Commerce, 12 strands Hamline North
• Pathway Cost: $ 22,275
Total Estimated Cost:
Estimated Useful Life
Annual Depreciation
Annual Maintenance (Locates)
Annual Depreciation (Equipment)
Depreciated Annual Cost
$
$
$
$
$
27,137
20 Years
1,350
2,000
1,500
4,850
Leased Communication Line Options
Frame Relay (T1/DS1) (1.5MB) $ 300/month $ 3,600 Annual
Metro-Optical Ethernet (10 MB) $ 1,530/month $ 18,360 Annual
Metro-Optical Ethernet (100 MB) $ 2,550/month $ 30,600 Annual
*Metro-Optical Ethernet (1G6) $11,560/month $138,720 Annual
*Comparable service in terms of technology and available bandwidth
�'� ' -' - Fairview Community Center
.,��. � � - _
� -���-� - � �- - ��� - 1910 County Road 6
� � � F' _ Roseville, MN 55113
� ± '"�r `�- �
�. � � -�e
*, �°� Primary Fiber Trunk: Commerce Interconnect
_ -f � �• - h_� L .
�,� �,;� � '�- ` Connection Point: Fairview Vault
` _ + _� s f F .
.. .� . <<,. ;... i�
- .� - �- - _ - -- -� � Termination Point(s): Roseville Area High School
�' = y i ^-
Yr . "` . � � -�� �'�` �. . � ■ �� Roseville Library
' + �` t -� Roseville City Hall
. ° �
_ . ,.n� .
Estimated Costs
Facility Connection:
• Pathway - Building to Fairview Vault: 950 feet
• Pathway Cost ($13.50/foot): $12,825
• Fiber Count in Building: 24 strands (6 High School, 6 Brimhall, 6 Library, 6 City Hall)
• Inside Termination (grounding, electrical, cabinet): $2,500
• Total Estimated Facility Cost: $ 15,325
Backbone Shared Cost:
• Fiber Count: 24 strands Commerce, 18 strands Hamline North
• Pathway Cost: $ 22,275 (requires completed construction to Brimhall)
Total Cost:
Estimated Useful Life
Annual Depreciation
Annual Maintenance (Locates)
Annual Depreciation (Equipment)
Depreciated Annual Cost
$
$
$
$
$
37,600
20 Years
1, 880
2,000
1,500
5,380
Leased Communication Line Options
Frame Relay (T1/DS1) (1.5MB) $ 300/month $ 3,600 Annual
Metro-Optical Ethernet (10 MB) $ 1,530/month $ 18,360 Annual
Metro-Optical Ethernet (100 MB) $ 2,550/month $ 30,600 Annual
*Metro-Optical Ethernet (1G6) $11,560/month $138,720 Annual
*Comparable service in terms of technology and available bandwidth
Department Approval:
e �
REQUEST FOR COUNCIL ACTION
DATE: 5/11/2009
ITEM NO: 12.c
Acting City Manager Approval:
�� �
Item Description: Request by Wellington Management for support of a Rezoning of 1126
Sandhurst Drive and 2167 Lexington Avenue to Planned Unit
Development from Single Family Residence District and General
Susiness District, respectively, and approval of a General Concept
Planned Unit Development to allow the construction of a multi-tenant
commercial office property (PFO9-oo3)
1.O REQUESTED ACTION
Wellington Management seeks support of a xEZONiNG and approval of a GENExAL
CoNCEPT PLANNED UNIT DEVELOPMENT for a proposed redevelopment of the northwest
quadrant of the intersection of County Road S and Lexington Avenue which would
replace the existing TCF bank structures at 2167 Lexington Avenue and the adjacent
single-family residence at 1126 Sandhurst Drive with an 11,250-square-foot commercial
office building and parking area.
Project Review History
• Application submitted: February 10, 2009; determined complete: February 11, 2009
• Sixty-day review deadline: April 7, 2009
• Sixty-day City Council extension: June 5, 2009
• Planning Commission recommendation (7-0 to approve): March 4, 2009
• Initial project report recommendation: March 23, 2009
• Revised report recommendation: May 6, 2009
• Anticipated City Council action: May 11, 2009
2.O SUMMARY OF RECOMMENDATION
2.1 On March 23, 2009, the Council requested the opportunity to continue working with the
applicant to arrive at a plan that best balances the needs of the City and the developer.
On April 20, 2009, the applicant presented revisions to their plan that met with general
support of the City Council.
2.2 Planning Division staff concurs with the unanimous recommendation of the Planning
Commission to approve the requested REZONiNG and GENExAL CoNCEPT PLANNED UNIT
DEVELOPMENT, subject to certain conditions as well as the revised plans submitted by the
applicant; see Section 9 of this report for the detailed recommendation.
PF09-003 RCA 051109.doc
Page 1 of 5
3.O SUMMARY OF SUGGESTED ACTION
� Sy motion, support the requested REZONING and GENERAL CONCEPT PLANNED UNIT
� DEVELOPMENT (with conditions) of the properties at 1126 Sandhurst Drive and 2167
� Lexington Avenue; see Section 10 of this report for the detailed action.
_ 4.O REVIEW OF COMPREHENSIVE PLAN
_ 4.1 Although the proposed development appears to be consistent with Roseville's 2030
_ Comprehensive Plan, which would apply a land use designation of Neighborhood
_ Susiness to both of the subject parcels, that document has yet to be approved by the
_ Metropolitan Council and ratified by the City Council. This proposal, therefore, must be
_ evaluated within the context of the existing Comprehensive Plan.
_ 4.2 The proposed business use is to be located on the parcel at 2167 Lexington Avenue,
_ which has a Comprehensive Plan designation of Susiness (S) ; this allows for a wide
_ variety of residential, retail, restaurant, office, and other commercial uses consistent with
_ the parcel's existing General Susiness zoning — Roseville's most intense business
� district.
� 4.3 The property at 1126 Sandhurst Drive has a Comprehensive Plan designation of Low
� Density Residential (LR), which corresponds to the kinds of uses allowed in R-1 and R-2
� zoning districts. Given that the proposal only puts parking and an accessory structure (for
� the trash handling equipment) on this parcel and that storage buildings and off-street
� parking and loading areas are allowed in the zoning districts associated with the LR land
� use designation, no change to the Comprehensive Plan Land Use Map is necessary for
� this proposal.
� 4.4 The Cornerstone Neighborhood Mixed-Use Project, adopted into the Comprehensive
� Plan in 1998 as a conceptual master plan of sorts to redesign key, under-utilized retail
F and commercial intersections, determined that a redesigned Lexington Avenue/County
F Road S intersection would have great potential for positive community impact. The
F document indicates that "careful attention to the concerns of the neighborhood could
F inake this corner fulfill the wishes of its adjacent residents [and] it could become the
F touchstone for establishing an appealing balance of structure, open space, design and
F use."
F 4.5 The Cornerstone report stresses the importance of locating at least modest buildings at
F the corners of the intersection to frame the public space and "create a sense of place and
F closure," and it expresses optimism for a successful redevelopment of this intersection as
F a whole despite the challenges presented by the lack of structures in the corners of the
E park and gas station properties. And although Cornerstone explicitly makes no
E recommendation of a preferred density or scale of development, the report frequently
E advocates a mix of office and retail uses on a"ground floor" with residential or office
E uses "above." The report also touts this specific intersection as being: "located in a prime
E spot to provide community linkage. The attraction of the open space, the convenience to
E neighborhood retail, and access to transit are part of its potential. As a centrally-located
E intersection of major arterials, the intersection could serve as the hub for the spread of
E new resident friendly design ideas throughout the community."
PF09-003 RCA 051109.doc
Page 2 of 5
5.O REVIEW OF ZONING/PLANNED UNIT DEVELOPMENT
5.1 A PLANNED UNIT DEVELOPMENT (PUD) is a zoning district which may include single or
mixed uses on one or more lots or parcels, and is intended to be used in unique situations
to create a more flexible, creative, and efficient approach to the use of the land subject to
the PUD procedures, standards, and regulations contained in the City Code.
5.2 The end result of xEZONiNG a property to PUD is the creation of a customized zoning
district (i.e., a PUD Agreement) that regulates the use and development of a specific
subject property in the same way that standard zoning districts regulate other properties.
Aspects of such a development may deviate from the requirements of a standard zoning
district, but they must be approved by the City Council and specified in the PUD
Agreement in order to ensure that the overall development is in keeping with general
guidance of the Comprehensive Land Use Plan. The PUD Agreement, if approved in the
FINAL phase of the PUD review process, will comprise the development parameters on
which the xEZONiNG is based.
5.3 In the GENExAL CoNCEPT phase, a preliminary development proposal is formally
presented in a public hearing to the Planning Commission for consideration. As the name
indicates, the GENExAL coNCEPT of a development is considered in this first phase; a
proposal may lack significant detail, but the Planning Commission and City Council have
the opportunity to help guide the development to ensure that it advances the land use
goals and policies expressed in the Comprehensive Plan. If a development is approved in
concept, the applicant then refines all of the technical plans to verify that the approved
concept is feasible in reality and then submits those plans for final approval by the City
Council.
5.4 Secause a PUD is intended to provide flexibility with respect to standard zoning
requirements on a property, it's useful to identify where the proposed PUD district would
differ from the standards of established zoning districts; the following table illustrates the
proposed differences:
Existin Zonin Standards Pro osed Conditions
R-1 zonin on 1126 Sandhurst Drive
Parkin setback from side ro ert line: 5 ft. 0 ft. from internallot line
Maximum im ervious covera e: 30% 64% (storm water runoff e uivalent to 0%)
B-3 zonin on 2167 Lexin ton Avenue
Parkin setback from Sandhurst Drive ROW: 15 ft. Varies from 0 ft. to 6 ft.
Parkin setback from Lexin ton Avenue ROW: 15 ft. 10 ft.
Parkin setback from internal side ro ert line: 5 ft. 0 ft. from internal lot line
Parkin setback from side ro ert line: 5 ft. 10 ft. from auto arts ro er
Buildin setback from Coun Road B ROW: 30 ft. 7 ft.
Buildin setback from Lexin ton Avenue ROW: 30 ft. 10 ft. and 4 ft.
The most significant of the above deviations from the standard zoning requirements are
related to the proposed location of the building adjacent to County Road S(northern
portion) and Lexington Avenue and the northeast portion of the parking lot. All other
typical zoning requirements (e.g., setbacks, number and size of parking spaces, building
height, etc.) not identified in the preceding table are met by the proposed redevelopment.
PF09-003 RCA 051109.doc
Page 3 of 5
�� 5.5 Non-zoning requirements (e.g., for Suilding Codes, storm water management, etc.) have
� c been part of PUD approvals in the past, but they should be removed from the PUD
�c process, relying instead on the established approval processes.
� c 5.6 Secause the Comprehensive Plan allows (perhaps even encourages) buildings up to 3
� c stories tall in this location and others like it, Planning Division staff recommends
� c establishing a specific building envelope but does not recommend further restricting the
� c size of building that could be developed on this site in the future as long as parking
� c requirements continue to be satisfied.
11
11 5.7 While not addressed among the standard parking regulations, the Planning Commission
11 recommended a requirement to incorporate bicycle parking facilities as well as to
11 improve pedestrian circulation around the traffic light pole in the sidewalk adjacent to the
11 site. The revised site plan includes the requested bicycle parking and indicates an
11 expansion of the sidewalk facility within the County Road S right-of-way.
11 5.8 Although the anticipated dental office user in the southern end of the proposed building
11 has patient privacy concerns with an entrance directly from the County Road S sidewalk,
11 the building is being designed in such a way that windows in that part of the structure can
11 be replaced by an entrance as tenants change in the future.
�� 5.9 Signage for the development should not be considered with the PUD application; signs
�� should instead be consistent with Code standards, which require a Master Sign Plan for
�� multi-tenant properties like the proposal.
�� 5.10 The storm water management plan for the project may need further development; this
�� need not be finalized in the GENExAL CoNCEPT phase of the PUD process.
1� 6.0 REVIEW OF REVISIONS
�� Sased upon comments received at the March 23 meeting and the April 20 work session,
�� the applicant has made the following revisions to the project:
�� 6.1 A curved wall has been incorporated into the building design that removes the structure
�� from within the traffic visibility triangle, as was previously proposed. The added design
�: of the curve creates an attractive building wall at the intersection of County Road S and
�: Lexington Avenue.
�: 6.2 The revised plan (similar to the previous design) supports an entry from either the County
�: Road S or Lexington Avenue side of the building should the tenant mix be favorable to
�: such an inclusion.
�: 6.3 The building shifted north from zero to 7 feet to include a greater setback adjacent to
�: County Road S. Conversely, the setback for the parking lot adjacent to Sandhurst
�: Avenue was reduced from 7 feet to zero. Landscaping will be provided and maintained
�: by the applicant, but a portion of the landscaping is now located in the Sandhurst right-
�: of-way. An additional building modification reduced the northern portion of the building
�� adjacent Lexington Avenue form 10 feet to 4 feet.
�� 6.4 Trees and shrubs have been added in the landscape plan for additional aesthetic buffering
� between the west parking lot fence and parking lot. The two parking lot islands have
been widened to accommodate a tree; larger islands were proposed versus an additional
PF09-003 RCA 051109.doc
Page 4 of 5
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Attachment C
EXT�CT OF THE APRIL 2O, 2009
CITY COUNCIL MINUTES
Business Items - Presentations/Discussions
a. Discuss Request by Wellington Management for Collaboration in the Preliminary
Design of a Proposed Office Property at 2167 Lexington (PF09-003)
Community Development Director Patrick Trudgeon introduced representatives from
Wellington Management, for presentation of their revised designs for redevelopment of
the parcel at 2167 Lexington Avenue, addressing previous concerns expressed by the
City Council and public.
Sonja Simonsen, Director of Finance for Wellington Management and
Gonsalo Villares, Pope Architects
Ms. Simonsen reviewed changes made to the plan based on previous comments and
concerns, including creation of a curved wall on the southeast corner of the building
addressing visibility triangle concerns and increasing the aesthetic value of the building;
additional landscaping and green space opportunities created by that design; and
relocating the building and parking lot seven feet to the north. Ms. Simonsen advised
that this allowed retention of the original parking lot landscaping, but placed it in the
public right-of-way that Wellington intended to maintain and manage. Ms. Simonsen
reviewed the increased landscaping on the western edge of the property (additional trees
and shrubs) providing additional privacy to the adjoining residential property on the west;
relocation of proposed snow storage to allow that additional landscaping; and increased
setbacks on County Road B for tree and shrub plantings. Ms. Simonsen advised that
Wellington had attempted to incorporate as much feedback from previous comments and
concerns as was feasible; and advised that she and Mr. Villares were open to further
questions and comments related to those revisions.
Councilmember Pust thanked Wellington representatives for their responsiveness; and
expressed appreciation for the new design, rounded building, landscaping, and increased
visibility.
Discussion among Councilmembers and Wellington representatives included type of
shrub proposed to ensure visibility; location of and number of bicycle parking provided
(five spaces located on the northwest side of the building further away from the curb cut
for safety considerations); whether any reduction in the parking lot was possible to
reduce impervious surfaces further based on zoning requirements and proposed uses of
the building and avoiding any on-street parking on Sandhurst to address neighborhood
concerns; and landscape screening of the parking lot.
Councilmember Ihlan expressed appreciation for this much-improved design. She
expressed concern that the City's standards for parking seemed to negatively influence
the environmental and aesthetics of today's realities.
Councilmember Johnson echoed favorable comments of Councilmembers Pust and Ihlan
related to aesthetic and setback improvements; however, questioned the location of the
curb cut and sight lines on the north side of the building onto Lexington. Councilmember
Johnson noted that this was a prime location for pedestrian and bicycle traffic given its
proximity to schools; and expressed concerns with the visibility for cars exiting the
parking lot and encroaching onto the sidewalk in anticipation of their left or right turns.
Ms. Simonsen noted that currently there were 740 vehicles daily encroaching on the same
pedestrian/bicycle transit route, and that the new use would reduce that to approximately
340 vehicles per day, and hopefully improve traffic impacts with the proposed
development. Ms. Simonsen advised that the developer was attempting to make the best
use of the exiting curb cut and reduce traffic counts.
Further discussion included whether the building could be reduced further near the curb
cut even though some square footage would be lost.
City Planner Thomas Paschke clarified that a visibility triangle was not part of that curb
cut; and noted that the access functions now and that cars would be encroaching on the
sidewalk even with the current use with no building, and would do so no matter the use
for the proposed building.
Councilmember Roe, while recognizing the concerns for vehicles encroaching on to the
sidewalk, opined that in his experience, traffic seldom stopped before the sidewalk; and
expressed concern that such a condition may create an unnecessary hardship for the
applicant to address a problem without obvious resolution. Councilmember Roe sought
additional information from the applicant related to existing and proposed storm water
management on the site.
Ms. Simonsen and Mr. Paschke responded that initial feedback from the Rice Creek
Watershed District (RCWD) and the City was that their storm water management plan
met current requirements, pretreatment and rate control practices. Ms. Simonsen advised
that they had bid out pavers seeking to provide additional pervious surface for the parking
lot; however, she anticipated that the cost would be economically prohibitive.
Additional discussion included proposed use and size of the west side service door as a
fire exit; the applications exploration of adding additional doors anticipating future uses
and the larger window installations for easier change-out to doors if future uses should
warrant that; marketability of the building based on the office building having a common
entrance through a main door rather than a retail bay; fire rating and construction material
considerations and requirements; and potential creation of additional islands to increase
water drainage of the parking lot, since there were an additional five parking spaces
above City Code requirements; and exterior materials proposed.
Mayor Klausing and Councilmembers thanked Wellington for their responsiveness to
previously-expressed concerns and comments.
Attachment D
��
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Our proposed development plan includes remo�ing the exis#ing 4,p00SF TCF Bank building and
driv�-thru in order ta complete the redevelopment of the site as a new approximately 11,877SF single
story,. comm�rcia! building.. The adjacent residence at 1126 Sandhurst is being acquired in order to
pro�ide sufficient parking for the project.
�"he facation of the building is primarily driven by the surrounding residential community. We are
keen t.o support a complete suburban community. In order to do this, the building rests farthest fram #he
neighboring houses on Sandhurst, at the SE lot line. This was r�quested by the neigh.bars attertding the
Cammunity 4pen House. Parking rerr�ains behind the building, at the north end of the parcel. Our intent
is to promote safe and pleasant conditions fior all in the neighborhood, including: matorists, bicyclists,
pedestrians, and resider►ts.
Vlle presented aur initia! Site Plan for cons�deration on March 23`d, and completed a Wock
Session with Council Members on Aprif 20th. As a result of our discussions wi#h Counci! Members and to
summarize the revisio�s since our inifial plans, we su�rriit t:he final Site Pian and Submittals. I should
note the following major updates fram fhe original submittals:
First, we propose a curved wall for the SE carner of the buiEding. This re�ision afiows us
to keep the building structure away from the 40`�isibility triangle while also enhancing the
atfractiveness of the building at the intersection of County Road B and Lexington Ave.
Th� curved wall reflects additional ezpense, but. we agree with Council and feel it is an
appropriate enhancement based on the building size to address both aesthetics and
�isibiliiy triangle comments.
Further, we slid the building to the north. in order ta pro�id� a wider setback along Co. Rd.
B. This setback fs now 7'-1" {compared to 0' in our ariginal plan). By sliding #he buifding
no�th to provid� a wider setback afong Co. Rd. B; the setback be#ween some of the
parking spaces an.d the property lirte aJong 5andhurst. is now 0' {campared to 7'-6 112" in
the last plan we presented to th�: City). Landscaping will still be provided and mainiained
by us, we note hawever that it is n�w within the righf-af-way. Finally, by sliding the
building north to provide a wider setback along Co. Rd �., �he building s�tback along
Lexington Av�. is now 4'-0" (compared ta 10'-D" in the last plan we presentec} to the Ciiy).
We updated the Site Plan to reflect landscaping for the entir� site, rather than noiing this
as an additional attachment to our submi#tal. We added trees and shru�s specifical.ly
Eacated betwe�n th� parking lot and the privacy fence that runs north-south. The i.ntent of
this landscaping is ta p�o�ide an even more effective bufFer between our si�e and the
house immedia.tely to west. Snaw storage wifl now fake place in th� landscape area
ad�acent to the south side of fi�e parking lot.
We further updated the Sife Plan io enlarge the parking lot islands to accammodate an
addi#ional two trees in each islar�d. The larger islands allow the larger trees to grow fo
maturity. We presen.t larger isla�ds r�ther than additional islands, because t�ere is a
great like�ihoad of plant survi�al Comments fram Council Member lhlan and Pust were
�aluable, and we concur iha.t Earger green space within the parking lot is appropriate.
The islands reduced total parking at the site to 48 spaces.
�6 � y � �e
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• We are agreea�le #o adding a sigrt at the curb cut on Lexington which cautions dri�ers to
wafch for p�d�strians.
• Th� row of parking spaces located to the east of the #rash enclosure went from 12 spaces
to 13 spa.ces.
o Bike �acks were relocated to the �orthwest comer of the building to pro�ide additional
protection for users rather than directly i:n the path af the curb cut.
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Department Approval
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Item Description
l�'�,
Jy
REQUEST FOR COUNCIL ACTION
Consider Adjustments to the 2009 Sudget
Date:
Item No
Date: 5/11/09
Item: 12.d
RCA 1 of 2
3/30/09
13.b
City Manager Approval
� /
BACKGROUND
On December 15, 2008, the City Council adopted the Final 2009 Sudget. As with previous year's budgets,
the 2009 Sudget carried a number of revenue and expenditure assumptions which are based on prior years'
results, expected trends, and projections based on inputs from a variety of sources. Among the assumptions
made was that the City would receive from the State of Minnesota, approximately $400,000 in Market
Value Homestead Credit (MVHC) in 2009. These monies are used to support police, fire, streets, parks &
recreation, and administrative and finance functions.
At the time the 2009 Sudget was adopted, it was acknowledged that the State of Minnesota was facing a
projected budget shortfall but the magnitude of that shortfall and its impact on MVHC was unknown. The
fate of the City's MVHC aid is still unknown, but all indications suggest that the City will lose its allotment
for 2009 and possibly beyond.
In recognition of the expected loss of MVHC, it is prudent for the City to publicly acknowledge the impact
and to make budget adjustment as necessary. While the Council can choose to take any number of actions
in response to this, it is suggested that the Council first give consideration to the following options in
offsetting the loss:
1) Use cash reserves
2) Make temporary or short-term budget cuts
3) Make structural or long-term budget cuts
Each of these options is discussed further below.
Cash Reserves
MVHC revenues are deposited into the t�-supported programs; primarily the General and Parks &
Recreation Funds. For 2009, the City could choose to offset the loss in MVHC by using reserves from
these funds. However, both of these funds have cash reserves that are already below industry-
recommended levels, as well as the amounts prescribed in the Council-adopted Cash Reserve Policy. In
total, the General and Parks & Recreation Funds are approximately $3 million below recommended levels.
Using reserves further will only weaken these Funds' ability to generate interest earnings and respond to
contingencies and unforeseen circumstances.
Page 1 of 4
Temporary or Short-Term Sudget Cuts
The Council could choose to use short-term measures such as leaving employee positions temporarily
vacant, reducing overtime, delaying vehicle and equipment purchases, or reducing Staff training and
conferences.
However, this would have the effect of spreading an increased workload over less Staff, and effectively
prohibiting the City from realizing the optimal value of its vehicles and equipment. While this approach
may offset the loss of MVHC for 2009, it would not necessarily provide a viable option beyond 2009. In
short, it would not be sustainable.
Structural or Long-Term Sudget Cuts
Finally, the Council could choose structural or long-term measures such as; organizational restructuring
that result in the elimination of employee positions, eliminating programs and services, or reducing service
levels.
This option presents the most viable option for ensuring financial and operational sustainability. It will
better equate the public's ability or willingness to pay for services with the actual demand for those
services.
Potential 2009 Sudget Cuts
In recogniton of the expected loss in MVHC in 2009, and possibly beyond, City Staff has compiled a list of
potential spending cuts. These cuts are summarized in AttachmentA. Sear in mind, that the proposed cuts
were based on the premise that the impact from the loss of MVHC should be borne by each department on a
proportionate basis based on the 2009 Sudget. This represents only one of several formulas that could be
used.
City Staff will be present at the meeting to address any Council inquiries and impacts from any spending
cuts.
POLICY OBJECTIVE
It is recommended that the City publicly acknowledge the expected loss of MVHC and its potential impact.
FINANCIAL IMPACTS
The City expects to lose $400,000 in MVHC in 2009, and possibly beyond; creating a budget shortfall in
the property t�-supported programs.
STAFF RECOMMENDATION
Not applicable.
REQUESTED COUNCIL ACTION
City Staff is seeking direction on whether to make cost-cutting adjustments to the 2009 Sudget.
Prepared by: Chris Miller, Finance Director
Attachments: A: Summary of Potentia12009 Budget Reductions
B. Staff Memos
Page 2 of 4
Attachment A —
List of Potentia12009 Budget Reductions
The table below summarizes the potential 2009 Sudget Reductions.
C ��� '�� �
1 � � �
Cit Council Advertisin $ 500
Cit Council Conferences 1,000
Cit Council Em lo ee reco nition 500
Cit Council Worksession ex enses 200
Human Ri hts Commission General ex enses 250
Ethics Commission General ex enses 250
Administration Cit ide em lo ee trainin 4,000
Administration Em lo ee career dev. trainin 3,000
Administration Position advertisin 5,000
Administration Professional services 5,000
Administration Tem orar em lo ees 3,000
Elections Su lies and materials 960
Le al Professional services 5,675
Contin enc Reduced contin enc 6,967
Finance / Accountin Reduced rece tion desk duties 16,260
Central Services Reduced color co in 2,253
Insurance Reduced internal char es 2,357
Suildin Maintenance Professional services 20,000
En ineerin ROW, erosion control m mt. 20,000
Street Maintenance 6-month vacanc in Staff osition 31,148
Parks & Recreation Staff reor anization, reduction of 1.5 FTE's 75,000
Parks & Recreation Pro ram and service level cuts 36,000
Parks & Recreation Reduce PIP 6,000
Pathwa Maintenance Pro ram and service level cuts 4,124
Soulevard Maintenance Pro ram and service level cuts 1,767
Subtotal $ 251, 211
Page 3 of 4
Attachment A —
List of Potentia12009 Budget Reductions
: � � � ' � � �
1 � � �
Police Leave Police Officer osition vacant $ 64,539
Police Lost citation revenue 5,994
Police Reduction of 2 CSO ositions 35,390
Police Famil Violence Network 6,050
Police Ex lorer Pro ram 1,285
Police Junior Sad es 1,000
Police McGruff 1,600
Police Di ital Interview Room e ui ment 20,000
Police National Ni ht Out 2,000
Police Cit Hall O en House materials 600
Police Citizen Park Patrol Shirts 300
Police LEC Ran e 1,500
Police Professional services 19,644
Police Hirin h sical / s ch tests 2,725
Police IAWP Conference 1,675
Police Administrative tickets 1,304
Police All Other Conferences 8,755
Fire Reduce on-dut staffin 48,448
Subtotal $ 222,809
Grand Total $ 474,020
As the tables above indicate, City Staff have identified in excess of $400,000 in recognition of the last-
minute cuts that were made to various operating budgets late last year, but were not subject to the same
cost-cutting allocation formula that is being used for these purposes.
Page 4 of 4
Attachment B
�� ��'
Parks and Recreatian.
William. J. Malinen, City Manager
February 2a, 2009
Dear Bi11,
Giver� the state of the economy, the uncertainty of the future and the financial condition oi the
City of Rosevi7le, Roseville Parks and �ecreation is aptimistic about being part of the so[ution to
stabilize tor a brighter future. Part of the following recommendations wil] rr�ake the requested
reductions and positive�.y position the departrnent for the future �nd suggests hiring front line
employees back as future resources allow.
You have requ�sted a pla.n and related impacts for the $117,000 share of the MV�IC reduction
giv�n to Parks and lZecreation. 1V�y u.nderstanding is that the City of Roseville is in a financia]
condition that requires restructuring, reallocating, reducing andlor el.iminating throughout al]
departments. Given community expectations and demands, it has been very difficult to reduce an
already l�an opera[ion. It i� our intent to red.uce and adjust in areas that would result in the least
impact to the community and will gain efficiencies along !he way.
It is extr�in�ly impoz�tant to irnplement the proposed program xtnmediately as we are approaching
our busiest s�ason of the year. In many ways, the program has begun by default.
The Parks and Recreation Department materials and supplies budget has continually been
challengec{ with no inflationary consideration so the majarity of the proposal is personn�l. related.
The majority of the savings comes from a cariiplete reorganization of the departrnent operations.
We are confir�ent that the proposed new structure will gain efficiencies, realize the necessary
savings and will allow for the best and most efficient use of the current staff, their taler�ts (see
attached befoce and after structure} and othe�� resources.
The Plan and the Tmpacts ,
The prop�sed plan is anticipated to �e iully irr�plemented by March �15, 2009 and:
�) Allows for� increased effici�ncies
2) 12educes stafiing for operatsons by 3120 FTE hours
3} O�eraIl increases r�sponsibilities attd di�ties of existing emplo�ees
4) Niodifies some pragrams and services
5} Affects every single department e�nplayee
6} Ys all interrelated
7) Makes long term structur�l changes necessary ta meet the Parks and R.ecreatian
Departments �] 17,000 given share af the MVHC reduction �
The speciiic categories and amounts totating $I17,000 are as follaws:
ITEM AND IMPACT ANNUAL SAVINGS
1). Staff Revrga�iization $75, 000
• Reduces 31ZO FTE �ours (1 lh FTE}
� Assistan� Dir�ctor position focuses on Recreatio�n and Business operations
� Pa��k Project �oordinator position changes to Planning, Facilities and Maintenance
Superintenden�
e Recreation Superintendent position changes to Supervisor
� Golf Course Superintendent respansibilities are expanded to serve entire department in
area �f expertise and special projects -
• Pragrarr�llVlarketing position rediiced from I FT� ta 3/a beginning..Tuly 15�, 2009
e A Customer Service Positi.on reduced from 3/ to 1/� time
a A Cusiomer Service Pasition wi11 be left vacani
• A Parkkeeper p�sition will be changed to Park Foreman
• A Parkkeeper position tui11 be 1e'ft vacant to be �ilted as resources ailo4v
• Staff vvi11 no longer have an c�ffice at HANC and duties will be expanded to serve entire
recreation division
� Work.ing with Leadership St. Paul to �nhance volu.nteer model
• Focus will be mor� on day to day aperatians rather than special prajects
• Clear prioriti.es for staff wil'1 be set allov,��ing for little discretion
•�Jncertainty of volunteer involvement without a staff presence a.t HANC
•�roject and event managemer�t time will be scrutinized
• Positively positions departinent for the future
2). Pro�lrunz arz�l servrce cltizbacks crnd opej•ation adjustments $36,000
o �enegoClatec� custodial services cantract
o Nevv provider
• City Hall Campus - even�nglweekend aft�r hours redr�c�d
o City Hall cam.pus facilities open T, W, & Th
o Other times �vill require city wide FT staff to taice responsi6ility
o Less pubTic rclee�inglgathering sp�ce availa.ble
• Skate Park changed from Tier 2 to Tier 1
o Wi�l b� a non supervised, non admission skaEe p�rk
o Will a�Iow RSC FT maintenance employees to help with park maintenarice
• HANC Part Time staffing reduced
o l�art af reorganization plan
o A11 programs to cover all direct costs
o Possible r�ductian in programs based u.pon prograitt minimums
• Porcable restroom reduction
o Community concern
o Chan.ge in Ievel af service
• Eliminate 4`h of July daytime activities �
o Loss of cammunity herifage
o Will stil�. have evening program with firewarks assuming no cost assis�a�ice fron�
ather depart�nents is available
%
�
Public W�rks Maintenance Depar�ment
�
�;
To: Bi[l IVIalinen, City Manager
�'rom: Duane Schwartz, 1'ublic Works Director
Date: March 25, 2009
Rc: 2009 MVHC �udget Reduction Impacts
Poten�ial 20U9 MVHC Publie Works Department Budget Adjustments
1. Reduce Building Maintenance Professianal Services $20,000
This is possible due to new janitol•ial contract.
2. Reduce EngineeringlAdmin Budget due to permit fees $20,00�
ROW and Erosion Contr-ol permit revenue is adequate to this level.
3. K�ep open current vacant maintenance position un�il 2010 military leave
returns $31,000
Tota1 $71,000
The remaining vacant maintenanGe worker salaryl benefit dallars ($20,000} will
be used ta backfill ce�-tain eritical operations wi�h �kilTed temporary labor.
It is anticipated the ir�dividual on military leave will rejain staff in �'ebruary 2010
in the c�rrent �acant positi�n so �o layoff will be r�equired.
This plan allows for current programs to continue at near current levels as
reduced by 2009 approved budget..
We anticipate the need to reorganize our ROW manageinent program for 2010
to gain efficiency and reduce duplication: Permit �ee revenue and utility funds
will be necessary to accomplish without tax impact.
M�MORAI�IDU�
DA.TE: February 27, 2009
TQ: Bill Malinen, City Manager
�1�OM: Richard B. Gasaway, Fire Chief
RE: Bu�dget I�eduction Plan
To acllieve the $48,000 reduction necessary to balance the 2009 bud�eC, we propose reducing the
on-dufy part-time shift staffng by 12 shift hours per day (a day is defined as a 24-hour period).
A reduct�on of 12 hours each day equates to the eliminatian of seven part-time sllifts per week
(�ne shift eacll2�-E1oLU� period). This would �e accarnplisIled by having one sch�dul�d posiiion
working Iess hours eacl� shift. The affected employee wouId be rotated each week so each
fireCg�ter is impacted by reduced h�urs plan. Each shift wi71 maintain a mit�ifnum of staffing of
four firefighters. Thus, if t��e fifth scheduled firefighter were to repat'C off, tl�e shift would run
with f�ur and no firefighter's hours would be reduced foi� t��at shift (because of the savings woulc�
be achieved frorn the fiftlz firefighter reporting �Ef}: Part-time firefighters working nighttime
shifts �ould ertd their shift at lO;QOpm (versus worlcing unt�� 6,OOarn}. Part-�ime firefighter�
workiilg daytime shifts would start il�eir� shift at 10:00am (versus 6:OOam). '�`his equaies t� a 12-
hour reduction in part-time staffing each 24-hour period, betr�veen the hours of 10:00pin and
1 �;OOain.
As praposed, tt�is plan is expected Eo creaie a budget savings: $48:647.
Impact:
Cuerently, there are fivE �irefighters schedtiifec! to be on-duty 24 houcs-a-day. The personnel are
split into two crevvs; a crew of twa on the medical response vehicle and a crew of thr�e on the
fire engine. When a medioal call �s received, it is the nature ar�d severity of the cail ihat
determines which cr�w (or if both crews) will respond. If t�ere is a report �t� a medical call, only
ihe medical crew will respond. IE there is a second medical call while tl�e f rsi medical call is
being handled {this l�appens abaut 30% of the time) then the engine crew will respond to the
second medica! ca1L Ifthe n�edical call sounds critica] {carc�iac arrest, r�on-i�reaiher, uncot�scio�s,
vehicle accident, ete.) then botIi crews my respond because of the labor-intensive nature of
praviding medical care to critical patients: When a patient is criticaI, one of the on-duty
fire�"ighters inay ride d�wn to the hospital with Alli�a. If there is a report of a fire, both cr�ws
r�spond.
The hati�rs of 10:OOpm to 10:00arn r�verE chosen for the staffing reduc#ion because this timeframe
represents the least busy hours af the day for fires and medicaI emergencies. Roughly one-third
of ei��ergency calls occ�r during the hours when staffng will be reduced, The exposure fron�
reduced staffing dtiring tllese hours is reducad because evenrng hours represents the time when
the highest number of fi:re�ght�rs are available for calIbacics from home. �
1�"� �
� �
�
; . �.
To: Bil1 Malinen, City Manag�r
From: Chris Miller, F'inance Director
Date: January 28, 2009
Re: 2009 �uciget Red��ctioils Related to the Loss of MVHC
C
You recently asked the Department Heads to identify potetltial budget cuts in recognition that the
City is likely to lose approximately $400,�00 annuall� in generaI-purpose state aid; also known
as Market Value Homestead Credit reimbursement or MVHC. Based on a formula that
distributes the impact of the loss of MVHC �n a proportionate basis of each division's operation
budget, the Finance Deparfinent would 11ave to accomrrrodate the foilowin� budget reductions to
the 2009 Budget:
❖ �'inance/Accounting - $16,261
:• Central Services - $2,254
. Tnslirance - $2;�57
Based on a cui•sory review, it is �ropased Chat the recluctions would come from:
❖ Reduced calor pri�ting ar�d copying for City dacuments
❖ Use o� Insurance Fund reserves
❖ A 0:25 F'T� reduction in tl�e FinancelAccounting area
The proposed budget reductions and subsequent impacts are discussed in gr�ater detail below.
Central Services Division
The Centrai Services division reductian of $2,254 can be accornmodated by a reduction in the
a�nount of printing costs — specifically, a 50% reductian in the ai�zount of colar copies thai are
typically made over t�ie course of the year. rhe savings wouid come from redi�ced color toner
purchas�s and maintenanee charges which are tied directly to t�e nuanber of copies made. Calor
toner and copies cast S times as much as black and whit� copies do.
This rn�ould likely have the greatest impacf oti publications prodiiced by ihe Parks & l�ecr�ation
Departinent, but would also have san�e impact on other departments as well.
Insurance I�ivision
The Insurance Services division reduction o� $2,357 can be accommodated by a reduGtion in the
General �'unc�'s share of the City's propertylliability coverage. Bu� becalise tlle City's insurance
premiums �re fixed for 2009, this will require the use of reserves held ii� the City's Insurai�ce
�'und to ��'fset this reduction. �
T11� Fund curr�ntly has a balance of approximately $700,000, so the impact will be negligible in
the short term. �Iowever, in tihe fi�ture the General Fund's portion of the City's property/liability
coverage wili need to increase to an arnount commensuraCe witl� the annua] premiums.
FinancelAccdunfing llivis�iot�
T'he vast majorit.y of duties and responsibilities oi the Finance/Account�n� ciivision are
per%rmed in conjunctian with Federal, StaCe, and Local {City Code) mandates; and/or in
recognition of generally accepted accounling principles. Yn short, the Department provides very
l.ittle discretionary-type serv�ces. We rriust also recognize that many of the services providecl by
the Department are funded by speciiic revenue sources, which rnakes it prob�ematic when
considering budget reductions in revenue-generating programs.
The following table summarizes the functions performed ii1 the Finance/Accounting division as
well as any applrcable program revenue:
F'unction
k�ayroll
E'urchase Orders
Susiness Licensing (a)
Accounts Payai�le
Accounts �eceivabie
Utility Bi[ling
Receptionist 1 Cash EZeceipts
General Acctg / Financial Reporting
Risk Mana�ement
Trea5ury Manage�nent (b)
bebt M�na.gement (c}
Budget and Ca�ital Plannin;
Contract Admin (JPA's; wireless leas�s)
Ec.onomic Deve[opment {d)
Contracted Services - Lake Elmo
Total
Finance Division Func�ions
FTE's
0.83
0.03
0.40
0.63
0.03
0.98
1.00
1.38
0.54
0.2.5
0.13
0.50
a. i;
a.��
0.13
�.oa
Hou�•s
1,716
52
832
E,300
52
2,028
2,080
2,860
1,040
520
260
l ,D40
260
260
260
14,560
CosC
� 60,975
2,475
31,E50
41;603
2,1�0
62,805
b4,355
I36,775
6�, ] 50
34,875
] 9,.57�
78,150
19;375
] 9,575
8,751
$ 644,738
Cost
Per I-�our
� 35.53
47.b0
37.44
32.00
41.35
30.97
30.94
47.82
59.76
67.07
75.29
75.14
74.52
75.29
33.66
$ 44.28
Less
Program
Revenue
$ -
(300,000)
(62,845)
(�00,000)
(30,0�0}
$
{19,375}
{5,000}
( E 4,440)
{731,580)
Ca���m��tt�s
(a) Tatal revenues derived from bus�ness i�censing =$35Q,000. Approximately �50,000 is used for
�'olice back;round and complianc� checks and ca[ls to the esta�lishment, the remaining is sho�vn here.
(b} Tatal interest earnings °$1.7 cni]]ion an��►ua1Ly with portfolio management a�ersight. Absent this
oversight, it is estimated the zarninbs wauld only be $1.5 million.
(c} Through conduit d�bt%nancing, the City eams an average, $�30,000 per year.
(d) The Gity fypically charges a 5% adcnin fee for rna��aging TIF projects: The amount shawn abave reE.ates
only to the portiori aTtributabl.e to the Finance. Staff
Net
Co_st (Su_ rplus�
$ 60,975
2,475
(268,8�6}
41,603
2,150
64,; 5 5
13G,775
62, I �0
(265,�25)
( ] 0,42.5)
78,154
14,575
(5,6�9}
$ (86,842)
As the tak�Ie above indica�es, the functions performed in the FinaneelAccountin� di�is�ion
gener�te aver $730,000 annually in progra�n-related revenues. This translates into an annua]
divisional surplus of appr��imately $86,a00 that is used t� off`set otl�er tax-stipported programs.
It could be argued hawever, that a portion of the program revenues aught to b� aIlocated to other
operational costs as well.
2
It can also be argued that the surplus monies from the City's �.ic�nse Center (approximately
$200,000 annually), which �s managecl by �'inance l7�partment Staff; ought to be includecl in the
revenues shown in the tahle as well. Tn practice however, those monies are used to support other
General Fund operations.
If the I'inancelAccounting division is tasked wit� reducing. its bud�et hy $16,261 it would have
to do so zn those areas #hat do NOT generate any progra�rr revenue. Otl�erwise, the City m�g�t
fii�d it5elf unable Eo perform the tasks that generate tllose revenues, thereby inc�easing the City's
btidg�t challenges further. As a result, �ve need to first toolc at identifying budg�t r�duetions in
the follovving non-rer�enue areas:
•:� Payroll
o Purchase orders
:• Accounts payable
•3 Accounts receivable
•i• Receptionist / casli receipts
•3 General accounting 1 financial reporting
❖ Risk management
❖ Budgeting & capital planning
However, as noted above, many of these functions are perfarrned as a requirement under federal
or state lativ. The duties associated �ith the City's payro[l, accounts payable, ca5h r�c�ip�s, risl�
management and accountiing and financial reporting furlctions are required by �a�� (and not
surprising, are alsa required under generally accepted accountin� principles}, Th�r�fore, the
onIy furrct�ons that remain truly discretioalary include:
•:• Accounts receivable
❖ Purchase orders
❖ Receptianist
❖ Budgeting & c�apita� pIanning
In total, th�se functions costi approximately $100,000 annually and entail approximately 1,560
hours af staff time. The budgeting and capital plat�ning function is performed by the City's
�inance Director {a salaried indi�idual) and comprises 1,040 staff hours. This leaves 520 hours
remaining for the other lisied functions wliich are perforrned by hourly employees. To
acconZmodate $16,261 in budget cuts the Department must cut approximately 385 staffing hours
from hourly errYployees, or 8 hours per week.
Alternatively, the I�epartrnent cou�d through attrition downgrad� variaus positians in the
department andlor look to reduce costs in non-personnel areas. However, non-personnel costs il�
the �'inancelAccounting division only amoti�nt to $9,680 annually and vvould necessitate the
complete elimination af al�; office supplies; phones and other office equipment, training and
con�erences, and prafessional memberships. Therefore; it is impractical to �naice $16,261 in
budget cuts �ithout reducing staff:
Absent a valuntary reduction, tl7e elirr�ination of 385 staffing hours woiild require the forced
reduction in hours involving one or inore current employees. Ho��ever; fhese employees would
be entitled to unemployment payments far the lost wages which would reduce the budget savings
by 60% in the �irst year.
3
The reduction in staif wauld not in of itseIf eliminate the accaunts receivable, purchase orders,
and receptionist duties. The City would have to change its accounting and purchasing polic�es to
no longer require purchase orders and to no longer track whether billed accounts were actually
paid on an on-going basis. Instead, salaried individuals would have to absorb Chese functions as
part af t�eir yeat=�end c�osing duties: fihis w�utd weaken the City's internal controls�, and delay
the collection of unpaid accouilts which would subsequently result in less interest earnings.
In addition, the City eot�ld no lon�ge�r hause an individual at the rece�tion desk full-time. This
would necessitate a change in how �he CiCy receives in-bound phone caIls and may require
individuals to walk down to ihe finance area to receive a rec�eipt. It rnay also require greater
directional signage in the main lobby area: Finally, it cauld have an impact ot� thase departments
that l�ave service counters near� the Iobby as custoxners see�k assistanee in �ir�d�ng various
locations vvithin the building or seek answers to general inqui�ies.
Final Comments .
While the budget reduction5 c��scribed above are relatively small, the cuts could jeoparc�ize the
Department'� ability �o generat� revenues not only to support the Finance Department, but oiher
departments as well,
In addition, the City needs to be mindful of the cumulative effects of staffing reducCions and
reduced sk�llsets. The Finance Division has steadily reduced its workforce and downgraded its
p�ofessional requirements since the late 1980's. At its staffing highpoint, the Division had 10
F�'E's, whereas taday we have 7. In 2002 the Finance Division had S employees; 7 of which
were professional level, 4-year degree required positions: Taday, Che Division has 7 employees,
only 3 of which are aE a professional �evel. Personnel changes since 2002 include:
•t• Elirninated a fiull-time Accouniant position
�:• Downgraded the Accounting Supervisor position to an Accountant �osi�ion
❖�7owi�gr�aded a professioilal-l�vel p�sition (Payroll} to a tecl��nician level
:� Downgracled a prafessional-level position (Accounts Payabl�} to a iecl�nician level
:• Downgraded a professional-level posiiion (Utility Billing} to a tec�iriician leve�
These staffing changes are unprecedented compared to other City Departn�ents. And whtle
they've produced significant on-going savings, it has left the Division with diminished skillsets
and capabilifies.
In the past decade, the �'inance/Accounting Division has eliminated or reduced a nurnber of tasks
and respansi�ilitics to accommodate tlze�e staf�ng ckanges. Som� of t�hose tasks include:
•: Reduced internal audits of City p�zrchases and payroll ti�nekeeping
�i• Reduced ernphasis on managitlg the City's investment portfolio
•:• Elimination of monthly financEal reporting to City Departments
•:• Elim.ination of i�on�payment utility billiilg ren�inders
•:• Elimination of on-site audits of lawful gambling operations
�:• Elirnination of quarterly financial reports relatied t� the City's lawfu] gambling
operations
Absent staffing increases i� is unlikely that the�se tas�s could be� reinstixuted.
4
Department Approval
��. ,�: ��
Item Description
l�'�,
Jy
REQUEST FOR COUNCIL ACTION
Date: 5/11/09
Item No.: 12.d
RCA 2 of 2
Acting City Manager Approval
Discussion on Alternative Revenue Sources
� .�: ?�t
BACKGROUND
As the City prepares for the expected loss of $400,000 in Market Value Homestead Credit (MVHC), and
recognizing the importance of achieving long-term financial sustainability, the City is faced with the
prospect of reducing program and service levels. While the re-evaluation of the City's program offerings is
on-going, it is arguably prudent to at least consider alternative revenue sources as a means of minimizing
program and service cuts.
Over the past several years, City Staff have identified a number of potential revenue sources that are in use
in other municipalities and that could be implemented in Roseville. We have also identified some potential
sources that would offset specific program costs. They include (but are not limited to) :
❖ Gas and/or electric franchise fee
❖ Street light utility fee
❖ Continued regional cooperation efforts
❖ Special services district assessments
❖ Commercial police patrol fee
❖ Increase business licensing fees
❖ Increases fines
❖ Vehicle towing fees
❖ Animal recover/transport fee
❖ Home security check fee
❖ Increase business alarm fees
❖ Student enrollment fee
These new revenue sources not only could be used to offset the loss of MVHC, it could also provide greater
transparency in demonstrating the amounts needed to fully recover program costs. In addition, they could
be used to strengthen the City's asset replacement funding mechanisms.
Individually, these revenues sources, such as the vehicle towing fee might garner as little as $10-20 per
occasion. Sy contrast, if the City enacted a street light utility or electric franchise fee it could generate
hundreds of thousands of dollars annually.
Page 1 of 3
Sefore pursuing the use of these alternative revenue sources, the City would need to affirm whether it has
the legal authority to enact them. If the Council is agreeable, City Staff can work with the City Attorney to
determine whether they are permitted.
The Council is asked to provide feedback on their general acceptance to these new revenue sources. If the
Council is unsupportive then there is little reason to pursue them further.
City Staff will be available at the meeting to provide some general comments and address any Council
inquiries.
POLICY OBJECTIVE
The use of varied revenue sources provides greater stability in preserving programs and service levels, and
can produce a more equitable distribution of program costs. This is further supported in the Council-
adopted Revenue Policy.
FINANCIAL IMPACTS
The potential revenues that could result from implementing these new funding sources vary substantially,
but could be significant and may allow the City to preserve program and services at current levels.
STAFF RECOMMENDATION
Staff recommends the continued diversification of revenue streams to support City programs and services.
REQUESTED COUNCIL ACTION
City Staff is seeking direction on whether to pursue the alternative revenue sources identified above.
Prepared by: Chris Miller, Finance Director
Attachments: A: City Revenue Policy - Adopted 2/25/08.
Page 2 of 3
Revenue Policy
Purpose
Attachment A
❑ To provide a diversified and strong set of revenues to ensure a stable revenue system for City
programs and services
❑ To match revenues with similar uses to ensure adequate funding for the various City services and
programs over the long-term
Policv
❑ The City will try to maintain a diversified and stable revenue system and to shelter it from short
run fluctuations in any one revenue source
❑ Absent any outside legal restrictions, all Federal, State, County, or other governmental financial
aids, should be formally designated, by resolution, towards a specific program or service. General
purpose aids shall only be used for capital or non-recurring expenditures and not for on-going
operations.
❑ Each year the City will recalculate the full costs of activities supported by user fees, to identify the
impact of inflation and other cost increases, and will set those fees as appropriate. Fees will be
established and adopted annually on the Fee Schedule.
❑ The City will set fees and user charges for each enterprise fund, such as water and sewer, at a level
that fully supports the total direct and indirect cost of the activity. Indirect costs include the cost
of annual straight life depreciation of capital assets and each fund's share of the administrative and
general government costs incurred by the general operating fund
❑ Absent public policy reasons to the contrary, the City will set fees and user charges for non-
enterprise funds, at a level that fully supports the total direct and indirect cost of the activity.
Indirect costs include the cost of annual straight life depreciation of capital assets
Im�lementation
The Sudget accurately allocates the revenues and expenditures of City programs and services.
Page 3 of 3
Department Approval
�� � IF
Item Description:
BACKGROUND
l�'�,
Jy
REQUEST FOR COUNCIL ACTION
Date: 05-11-2009
Item No.: 13.a
Acting City Manager Approval
� � �
Update to City Council on Code Enforcement actions taken to resolve
current public nuisance violations at various Twin Lakes properties.
At the March 30, 2009 City Council meeting the Council directed staff to inspect the Twin Lakes
redevelopment area and act upon any public nuisances observed. Staff inspected the Twin Lakes area in
early April and observed the following violations:
0 2814 Cleveland Avenue (Dorso) :
■ Junk and debris.
■ Suilding in need of maintenance.
0 2001 County Road C(Roseville Properties) :
■ Suilding not secure.
■ Suilding in need of maintenance.
0 2690 Prior Avenue (P.I.K):
Suilding not secure.
Graffiti.
■ Junk and debris.
■ Suilding in need of maintenance.
0 2660 Cleveland Avenue (Roseville Properties) :
■ Two buildings not secure.
■ Suildings in need of maintenance.
0 1947 County Road C(Roseville Properties):
■ Two buildings not secure.
Graffiti.
Suildings in need of maintenance.
On April 17th notices were sent to all property owners identifying observed violations and requesting
that public nuisances be corrected within 14 days. The notices addressed the more significant of the
issues such as: buildings not secure, graffiti and junk/debris. Suilding maintenance issues were deferred
in order to take care of the more imminent public safety issues first.
On May 5th, staff re-inspected each of the sites for compliance. Some of the identified public nuisances
had been corrected while some had not:
0 2814 Cleveland Avenue (Dorso) — violation not corrected.
0 2001 County Road C—(Roseville Properties) violation corrected.
0 2690 Prior Avenue —(P.I.K.) violations corrected.
Page 1 of 2
0 2660 Cleveland Avenue —(Roseville Properties) violations not corrected, also additional
debris dropped on site.
0 1947 County Road C—(Roseville Properties) violations not corrected.
Staff has had contact with representatives of Roseville Properties. In preparation for the demolition of
the their buildings, they have opened up the building for inspections by demolition contractors. They
are planning on tearing down the buildings in the next 60-90 days, and would like to hold off making
any corrections (i.e. painting over the graffiti).
Staff is prepared to send second notices to those property owners who had not completed corrections.
However, given the potential of the buildings at 2660 Cleveland Ave. and 1947 County Road C to be
torn down in the near future, the City may want to consider holding off sending a second notice at this
time. Staff would, however, send the second notice to 2814 Cleveland Ave as it relates to junk and
debris on the property. The notice will state that if corrections were not completed in 10 days, the
next course of action would be for the City to abate the violations.
For a historical perspective, a history of code enforcement actions taken in the Twin Lakes
redevelopment area is attached (Attachment A).
A status update, including pictures, will be provided at the Council hearing.
The City Attorney will be prepared to discuss the Hazardous Suilding Law and how the City could
initiate the procedure if desired.
POLICY OBJECTIVE
The City goals within the Comprehensive Plan are to protect and improve property values (Goal 3, 4,
and 5; page 6 and, Section 3) and to adhere to performance standards which protect the integrity of the
housing units and the neighborhood (Policy 6, page 8, Section 3).
FINANCIAL IMPACTS
Costs for abatements undertaken by the city are collected from the affected property owners:
In the short term, costs of abatements on commercial properties are paid out of the Community
Development Department budget.
Each property owner is then billed for actual and administrative costs. If charges are not paid, staff
recovers costs as specified in Section 407.075.
STAFF RECOMMENDATION
Staff recommends that the Council direct Community Development staff to continue to work with the
property owners to correct the code violations.
REQUESTED COUNCIL ACTION
Will be based on discussion.
Prepared by: Don Munson, Permit Coordinator; Patrick Trudgeon, Community Development Director
Attachments: A: Past code enforcement actions at Twin Lakes
B: Map showing location of code violations
Page 2 of 2
1�'��
��
Attachment A
Community Development Department
emo
To: Pat Trudgeon, Community Development Director
From: Don Munson, Building Of�cial
Date: 02-05-2009
Re: Twin Lakes — Code Enforcement
Following are the results of a search of computer �les for land use violations occurring
in the Twin Lal�es Area bounded by County Road C, Cleveland, County Road C-2 and
Arthur Street:
2009:
.
2660 Cleveland: File 2009-10: Snow not shoveled along pathway.
2001 Cty Rd C: File 2009-11: Snow not shoveled along pathway.
1947 Cty Rd C: File 2009-12: Snow not shoveled along pathway.
2008:
• 2001 Cty Rd C: File 2008-11: Snow storage covering public pathway.
• 2690 Cleveland: File 2008-36: Grass over 8".
• 2680 Prior Ave: File 2008-322: Danger to Children — broken windows — abated.
• 2001 Cty Rd C: File 2008-364: Grass over 8".
• 2660 Cleveland: File 2008-367: Grass over 8".
Snow storage covering public pathway.
• 2001 Cty Rd C: File 2008-913: Snow storage around building.
• 2001 Cty Rd C: File 2008-930: Snow storage around building.
2007:
• 1947 Cty Rd C: File 2007-276
• 2650 Cleveland: File 2007-278:
• 2690 Cleveland: File 2007-278:
• 2750 Cleveland:
• 2814 Cleveland:
• Page 1
File 2007-278:
File 2007-278
Grass over 8".
Building not secure — open.
Junk & debris on site.
Grass over 8"
Grass over 8".
Junk & debris on site.
Grass over 8".
Debris pile in front of building.
Grass over 8".
Machinery stored in ROW.
• 2690 Prior Ave: File 2007-278: Grass over 8".
Junk & debris on site.
Building not secure — open.
Graffiti on building.
• 2001 Cty Rd C: File 2007-279: Grass over 8".
Building not secure — open.
Junk & debris on site.
• 2690 Cleveland: File 2007-280: Junk & debris on site and grass over 8".
• 2814 Cleveland: File 2007-283: Grass over 8".
• 1984 Cty Rd C-2: File 2007-284: Grass over 8".
• 2660 Cleveland: File 2007-290: Grass over 8".
Building Maintenance.
Building not secure — open.
Junk & debris on site.
2006:
• 2814 Cleveland: File 2006-68: Semi's stored in front yard areas.
2005:
• 1947 Cty Rd C: File 2005-66: Semi's stored in front yard areas.
Dirt being dumped in front yard area.
2004:
• 1947 Cty Rd C: File C04-26: Semi's stored in front yard areas.
• 1947 Cty Rd C: File C04-185: Grass over 8".
• Page 2
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Department Approval
.�
Item Description:
BACKGROUND
l�'�,
Jy
REQUEST FOR COUNCIL ACTION
Date: 05-11-2009
Item No.: 13.b
Acting City Manager Approval
Environmental Cost Recovery in Twin Lakes
� �
At the April 27th City Council meeting, Councilmember Ihlan requested that the City Council discuss
the recovery of environmental clean up costs at Twin Lakes. On December 17, 2007, Larry Espel of
Green Espel Law Firm prepared a memo regarding the laws regarding environmental cost recovery.
The memo also reviewed the procedure for a party such as the City to compel previous property owners
to pay for the costs of the clean up as well as providing an estimate on what it would cost to begin the
process. The memo did note that the burden of proof would be on the City to prove that potentially
responsible parties have caused or contributed to the environmental condition of the property. A copy
of the memo is attached.
POLICY OBJECTIVE
The Twin Lakes Redevelopment Area has long been targeted for environmental cleanup. Any process
that would generate funds to assist in the environmental cleanup would be beneficial.
FINANCIAL IMPACTS
The Espel memo estimates that initial costs that the City would need to conduct the environmental cost
recovery would range from $35,000 to $70,000.
REQUESTED COUNCIL ACTION
The City Council should discuss whether or not the City should hire environmental consultants and
attorneys to explore the possibility of recovering the costs for the clean-up within Twin Lakes.
Prepared by: Patrick Trudgeon, Community Development Director (651) 792-7071
Attachments: A: Memo from Larry Espel dated December 17, 2007
Page 1 of 1
T4: Rosevill� City Council
GREENE ESPEL MEMQRANDUIVI
PH.o�'ESS�a1vn�, L�az�TEn Lt,asr�.�TV PnxrhEes��ir
S�r�TE 12.00
2OO SOUTH SIXTEI STREET
I1'1[1VYEAPOLiS� 1111NNESOTA $54OZ
(G12�) 373-083D F,ax (612} 373-6929
PRIVILEGED AND CONF�DENTIAL
F'ROM: Larry D. Espel, Gree�e Espel PLLP
DATE:: December 17, 2007
RE: Environrrten�crl Cost Recovery
Intiroduction
We have been requested to prepare, for ihe benefit of the Roseville City Co�ncil, an
intraductory sumrnary describing the process hy which the City could attempt to have current andlor
previous property owners pay for any enviranmental cantamination that they may have caused in the
Rosevi�le Twin Lakes Redevelopment Area.
The principal available options include various statutory or coininon �aw claims Ehat �an
support private cost recovery, declaratory reiief or injunctiive r�lief. In same circumstances, federal
or state a�encies will take steps to mandate response actians by private parties. 7'he following
memarandum will outline the various alternatives.
�C�1
Under the Resourc� Conservatron and necovery Act ("RCRA"), 42 U. S.C. §§ 6971, et seq.,
the City could pursue injunctive relief (not cost recovery) against past or current generators or
operators who contributed ta environmental problerns. Under 42 U.S.C. � 6972{a){1)(B), "any
person may commence a civil action on his own behali *** again.st any person, including any past
or preseni �enerator ... ar past or present owner or operator of a treatment, storage, or disposal
facility, who has conCrib�ited ... to the past or present handling, storage, treatrnent, transportatian, or
dispasal of any solid or hazardous waste which may present an imminent and subsiantial
endangerment to health or the environment." RCRA allows injunctive relief to c�mpel the past or
present owner or operatar ta cease dispasal ar to take such other action as rnay be necessary. This is
not a cast recovery remedy. Howeve�; courts can order �esp�nsible persans to pay future response
costs.
As noted, RCI�A claims depend upon an immrnent and substantiial endangermeni ta health or
the environment. This entai�s a showing of a threat, and may be shown even ifthe i�npact �vill not be
felt until later. The Eighth Circuit Court of Appeals has said that RCItA is limited to situations in
which the potential for harm is great, but this is a fact-specific analysis tha� leaves room for
interpretation. If remedies have already been performed, RCRA injunctions are generally not
avaiIable and prior costs cannot be recovered. Conversely, in at least one Seventh Circuit case, a
claim far an injunction under RCRA failed where the risks of off-site contamination would not
materialize unless or until excavation was performed and there was no showing that the excavation
was imminent.
Remec�ies under RCRA can be any form of injunctive relief necessary to prevent ongoing
releases. RCI�A remedies may not support clean-up of the offending site itself.
RCRA can reach arry type of hazardous waste and there is no petroleum exclusion under
� � A
Before a citizen (or any other person, such as the Cit�} may bri�g a RCRA action, notice
rnust be given to the EPA, the state and the alfeged violator. RCRA actions will not be allowed to
proceed ii there is already a response action underway at the instigation of ihe federal or state
authorities.
RCRA allaws the recovery of attarr�eys' fees or other costs to the prevailing party.
CERCLA
Under the Comprehensive Enviror�mental Response, Compensation and �,iability Act
("CERCLA"), 42 U.S:G §§ 9601 to 9675, the City can pursue a cost recovery cIaim against owners,
operators or transporters who are respansible for sites or facilities from which there �s a release, or a
threatenec� release, which causes the incurrence of response costs far a hazardous substance. The
cost recovery statute is set forth at 42 U.S.C. § 9607. The plaintiff can recover any "necessary costs
of response .., consist�ent with tih� �ational contingency pIan." Id.
CEI�CLA claims are available for ``hazardaus substances," which are defined s�mewhat
differently than RCRA's "hazardous wastes." In some respects, CERC�,A's reach is broader tlzan
RCRA's but in other respects CE1�CL,A is more limited. A significant diiference is that CERCLA
does not reach�petroleum spills.
In contrast ta RCRA, which is primarily a preventative statute, CERCT�A is designec� to
ac�dress situations in which harm has already occurred in addition to preventing threats. The rerrredy
in CERCLA is, in the first instance, cost recovery. This means that parties seek to recover sums thai
have already been expended on the recovery. �-Iowe�er, courts have also coupled co5t recovery
awards with additional relief such declaratory relief and injunctions addressing ongoing or future
obIigations: CERCLA does not allow recovery oiattorneys' fees for the prosecution of cost recovery
claims (although fees can f�e recovered if incurred as part of the response action itsel�.
Private cost r�covery (including claims by parties such as the City} depend upon a showing
that the sums expended were necessary and co�sisteni with the National Conting�ncy Plan ("NCP").
�
The NCP has certain requirements for action. Those requirements c�epend �pon whether a response
action is a"removai" action ar a"remedial" action.
�`or a rerr�oval action, the steps included are Iimited and expeditious. They include a
Removal S�te Evaluation {400 CFR 300.410) and a Remaval Action (400 CFR 340.415}. A removal
site evaluation consists of a removal preliminary assessment and, if warranted, a removal site
inspection. 400 CPR 300.410{a). A removal site evaluation shall be undertaken "as promptly as
possible." 400 CFR 3Q0.410(b). The removal pretiminary assessment shall be based on readi�y
available information. Ifremoval action is not required,' but remedial action under 300:430 may be
necessary, a remedial site evalua�ion sha�1 be initiated. 400 CFR 300.�10{i}.
Removal actions are to "begin as soon as possible to abate; prevent, minimize, siabilize,
mitigate, or eliminate the threat to public health �r welfar� of the United States or the environment."
40Q CFA 300.415(b){3).2 Under 400 C�R 300.415(b}(5), removal actions shall be terminated after
$2 n�illion has been obligated for the action or 12 months have elapsed from the date that rem.oval
activities begin on-site, unless there is a deterinination that (i} there is an immediate risk to public
health or �he envirorunent; and continued response actions are irnmediately requireci to preventi, li�nit,
or mitigate an emergency; and such assistance will not other�ise be provided; or (ii) continued
response acti�n is otherwise appropriate and c�nsistent �ith the remedial action to be taken. Under
40 CFR 300.415(g), if a remaval action wiil not fully address the threat and the release may require
remedial action; there sha11 be an orderly transition fram rerrrovaI to remedial response activities.
In contrast to the relativeIy expeditiaus and preliminary nature of a removal assessment, an
investigation for a remedial action includes inany inore formal and fully developed investigation,
�lanning and implemenfation steps. These include a Rernedial Preliminary Assessment (PA) (40
CFR 300.420(b)), a Remedial Site Inspection (SI) (40 CFR 300.420(c)) and a Remedial
Investigatior�l�'easibility Study (RIIFS) {40 C�'R 300.�30). "Remedia� actions are to be
` The NCP provides a Iisting oF factors to be considered i� determining the
appropriateness o�a rEmo��val action. �00 CFR 300.415(b}(1). These include:
Exposure to nearby human populations, animals or t�e food chain
Contamina�i�n of drinking water supplies or sensitive ecosystiems
�az�rdous subsfances in drums, barrels, tanks, or other bulk storage containers, that may
pose a ihreat of release
High levels of hazardous subs�ances Iargely near the surface
Weather conditions that rnay cause rr�igration or releases
Threat of fire or explosion
AvaiIabiIity o�o�her niechanisms io respond
Other situations or factors thati rr�ay pose threats
2 A list of removal actions is provided at (e){1)-(8), such as �'ences, drainage controls,
stabilization oi berms, capping to reduce migration, using chemicals to retard or mitigate spread,
excavation or removal of highly contaminated soils �rom drainage areas to reduce spread or direct
contact,
�
implem.ented as soon as site data anc� information. ma�Ce it possible to do so." 40 C�R 300.430(a)(1}.
The NCP provides program management principles, including; "Sites should generally be
remediated in operable units when early actions are necessary or appropriate to achieve significant
risk reductian quickly, when phased analysis and response is necessary or apprapriate to achieve
sign.ificant risk reduction quickly, when phased analysis anc� response is necessary or appropriate
given the size or complexity of the site, or to expedite the completron of the total site cleanup." 40
CFR 300.4�0{a)(1}(ii).
�xtensive guidance is gi�ven for remedial investigat�ons and related wark. "'I'he puzpose of
the remedial investigation/feasibility study (RI/FS) is to assess site canditions and eva�uate
alternatives to the extent necessary to select a remedy:" 40 CFR 300.430(a)(2). An RIIFS generally
includes project scoping, data collection, risk assessment, treatability studies, and analysis of
alternatives. 1'd. The NC�' addresses nurnerous top�cs for an RI/FS, including 1'roject Scoping (40
CFR 300,�30(b}), Commur�ity ReIations {40 CFR 300.430(c)), Remedial �nvestigations (RI) (40
C�'R 300.430(d}) and Feasibility Studies (40 CFR 300.430(e)). The Remedial Design/Remedial
Action (RD/RA) stage includes the development o�'the actual design ofthe selected remed� and the
implernentatian of the remedy through construciion. A period of operation and maintenance may
follow the Remedial Action acfiivities. 40 CFR 30�.435(a).3
MERLA
Minnesota has its own cost recovery statute, the Minnesota Environmental Res�onse and
Liability Act ("MERLA"), found at Minn. Stat. §§ 115B.01, et seq. MERLA is siinilar to CERCLA
in some respects althoug�i there are many differences. MERLA allows cost recavery %r response
actions necessary as a result of releases or tihreatened releases o� hazardous substances, but also
allows recovery of lost profits and other damages in certain circumstances. ME�L,A allaivs a
prevar`ling plaintiff ta recovery attarneys' fees. H6wever, NIE�I,A is subj ect to certain defenses on
retroactivity depending upon the daie of the r��eases of hazardous substances. But, the City is in a
better position that private parties to pursue cIaims for historical releases. AIsa, the City is allo�ea
�o recovery any "reasonable and necessary response costs,'' whereas private pas-ties could recover
only removal costs. Minn. �tat. § 115.B.04, subd. l.
L�nder Minn. Stat. § 1158.04, subd. 1, "any person" who is res�onsible for a release or
threatened release af a hazardous substance fi-om a facility is strictly liable, joint and severally, for,
among other things, "all reasonable and necessary response costs incurred by the state, a palitical
subdivisian of the state or the United states" and "all reasonabie �nd necessary removal costs
incurred 6y any perso�." Minn. 5tat. § i 1SB.04, subd, 1(1) and (2). A responsible person (1�P},
however; �nay assert as a defense a�ainst such claims thaf the hazardaus substance released fron� the
faci�ity in question was pIaced or came to be located in or on the facility before Apri� l, 1982 and
3 In addition to the provisions pr�sented in the NCP, the �PA has provided a library full of
other guidance documents addressing removal actions, remedial actions, ar�d the types of documen�s
one needs to prepare to address differenf steps in either type of pracess. In general, the EPA terids to
refer to removal actians as imn�ediate, short-term responses, whereas remedial actions are lon� term
actions:
4
that the MPCA did not autl�orize ihe response actian{s) taken by the political subdiv�sion or the
private person pursiiant �o Minn. Stat. § 115B.04, subd. 6.
MERA
Minnesota also has a Minnesota Environmental Rights Act {"MERA"), Mit�ri. St�t. §§
1168:01, et seq. This statute ailaws "civil action in the district court far declaratory or equitable
relief in the name of the state of Minnesota against any person, for th.e protection of the air, water,
land, or other natural resources locatec! �ithin �tf�e state, whether publicly or privatiely owned, froin
pallution, impairment, or desiruction." Iv�inn. Stat. � 116B.03. A claim under MEI�A depends upon
a showing of actual or ihreatened pollution, in:ipairment or destruction. The statute allows injunctrve
relief, but not damages, and does not provide for recovery of attorneys' fees.
Common Law Clairrrs
Various common Iaw clairris can be iravoked in some circumstanc�s: Typical claims include
ciaims for nuisance, trespass, negligenc�, strict liability �or ultrahazardous activities; contribution ar
indemnity. These common law claims do not materia�ly augment the available claims or remedies
and are largely superseded by the statutory ciairr�s mentioned above. However, if there is litigation,
parties custorr�arily i�voke such claims in ad�di�ion to the statutory claims nlentioned above.
Statutes of Limit�tion
We have not looked closeiy enough at the facts to evaluate the application of potential
statutes of limitati�n. However, we do not believe that rrrost available claims would �e cut-off.
In general, if there is an ongoing imminent and substantial endangerment, RCRA claims will
be available, because �he sta�tute of limitations will not cut off ongoing clai�ns.
CERCLA claims are likewise generally available where the response actions remain
incomplete. Claims for a removal action are to be brought within 3 y�ars after completion of the
removal action and claims for �. remedial action must be brought �iihin 6 years after ini�iation af
physical on-site construction of the rernedial action. It does not appear, from information we �ave
received, that the City has conducCed a remaval action or initiated a remedial action. 50, the statute
af �imitation5 i� unlikely to have expired.
MERLA clai�ns for cost reco�ery are probably available. A 1998 amendmer�t to Minn. Stat.
§ 1158.1 l, specifies:
Subd. 2. Action for recovery of costs.
(a} An action for recovery of response costs under section 115B.04 *** may be
commenced any time after costs and expenses have been incurred but must be
commenced no later than six years after initiation of physical on-site construction of
a response action."
5
(b} A party prevailing in an actian commenced within. the i�rtie required under
paragraph (a) shall be entitled to a declaratory j�dgment of liabi�ity for all future
reasonable and necessary costs incurred by that party to respond to th� release or
threatened release * * *.
The availability of the tort-style damages a�aiIable under Section 1 i SB.OS depend upon the
time of placement: Unc�er Minn. Sta.t. § 11 SB.06, "Section 115B.05 c�oes not apply to any claim for
darnages arising out ofthe release of a hazardous substance which was placed or came to be located
in or on the facility wholly be�ore July I, 1983."
There are other provisaons limiting t�ie retr�activiCy of MERLA. For example, S'ection
115B,15 provides:
Sectians 115B.01 to 115$.14 apply to any .release or threatened release o� a
hazardous substance accurring on or after July 1, 1983, including any release which
began before July 1, 1983; and continued after that date. Sections 115B.01 to
115B.14 cia not apply to a release or ti�u-eatened release which occurred wholly before
July 1, I 9$3, regardless of the date of ciiscovery of any injury ar Ioss caused by �he
release or threatened release:
SimilarIy, Section 115B.04, subd. 6, states:
Defense to certain claims by political subdivisions and private persons. It is a
def�nse to a claim by a*** private person for recover of the costs of its respons�
actions uncler this section that the hazard�us substance released. fro�n the facility was
placed or came ta be Iocated in or an the facility before April l, 1982, and that the
response actions ofthe poiitical subdivision or private person were nat autharized by
the agency as providecE in sectron 11 SB.17; subdivision 12. This defense applies only
to response costs incurred on or aft�r July 1, 1983.
Minn. Stat. § 115B.17, subd. 12 st�tes that the MPCA may authorize a political subdivision to
undertake a response action or a private party to undertak� a removal action with respect to a pre-
April 1, 1982 hazardous substance release if the action qual'ifies for authori�ation under rules
developed under Minn. Stat. § 11 SB.17, subd. 13. The MPCA's authorizaiion must be consistent
with this a�thorization criteria e�stablis�ed under subdivision 13. Subd�vrsion 12 does� not prohibi� a
political s�ubdivisian or a private person from undertal�ing a removal or rem�dial action without
MPCA authorization. Presumably, hovvever, such action wauld be done without the ability to
recover the costs from an RP.
The MPCA, under Minn. Stat. § 115B.17, subd. 13, is required to ma.rntain rules
"establishing state criteria for determining priorities among releases and threatened releases." In
adc�ition t� promulgating the criteria for determining priorities; the MP`CA is also to inaintain a
Permanent List of �'riarities (PLP} which reflects "priorities among releases or threatenec� releases far
the purpose aftaking remedial action anc�;. to tY�e extent practicable consistent with the urgency ofthe
action, far taking removal action" under Minn. Stat. § I 15B.17. The MPCA is to modify the PLP
:'�
"�rom time to time; a�cording to the c�iteria set forth in the rules." The list ofprioritiES and t�e rules
promulgated pursuant to this subdivision:
shail be based tipon �l�e relative risk or danger to public heal�h or welfare or t�ie
environment, taking into �ccount to the e�teni possible the popuTation at risk, the
hazardous potential of the hazardous substances at the facilities, the potential %r
contamination of drinking water supplies, the potential for direct hurzzan contact, the
potential for destruction of sensitive ecosystems, the administrativ� and financial
capabilities of the [MPCA], and other appropriate factors.
Mintz. R. Ch. 7044 includes the MPCA ru�es created pt�rsuant to Minn. Stat. § 11 SB.17, subc�.
�3. As will be seen, however, while Chapter 7044 estahlishes how it is tk�at the MPCA rvill create
and maintain the PLP, it is silent in terms of explaining exactly how it is that the MPCA uses these
rules (if at all) to "authorize" pre-�lpril 1, � 982 response actions under l�inn. Stat. § 115B. I 7, subd.
12. Indeed, Minn. R. 7044.0100 ("Scope") says nothing about providing guidance for such
authorizations. Instiead, the "scape" ofthe Chapter 7044 rules is to estab�is� release classificaiions,
to ciescribe ihe procedures for the creation and rriaintenar�ce of the state's Perrnanenti List of Priarf ties
and ProJect List, fo establisl� fi�nding priorities for the Project List and ta specify a ranking system to
be usec� in scoring sites. 1Vlinn. R. 7044.0100. FurChermore, the rules leave many gaps about, e.g.,
what the MPCA does w�th a site's HRS ranking and what criteria it uses to class�fy releas�s or
threatened releases.
The MPCA does not have an� objective standards that it uses when it considers a cIeanup
autharization under subdivision 12. The few MPCA subdivision 12 authorizations that exist
typically lack at lot of detai� or rationale.
Y`ractical Considerations
Any consideration af efforts to compel past or current parties ta pay for historical or ongoing
contamination is tied to the ability ta identify past or current polluters who have viable assets or
funding. Tf�e information provided to us suggests that Tndianhead Trucking was a prior owner for a
significant portion of the l�osevilie Twin Lakes Redevelo�ment Area. We have not checked inta the
historical records closely, but we believe that Indianhead has long ago filed for bankruptcy and is
defu�ct. We are unaware that Indianhead has any viable successors who assuined Tndianhead's
liability. Thus, evidence that might tie exrsting conta��ination to prior activities of Indianhead will
not, as a practical inatter; support claims either for cost recovery or injunctive reIief.
On the other hand, r�vhere various hazardous substances or wastes have become commingled,
ane party can be cal�ed upon to pay j ointly and several�y for an entire liability, �.inless the polluier can
establish t1�e divisibility of its awn releases. So, if the evidence establi5hes that there are viable
parties wha are responsible for past or ongaing releases, those parties might be ca�Ied upan to p�y far
more than their share of liability. A lon�-standing debate in environmental law relates to
responsibility far "orphan shares," that is, those shares attributable to defunct parties. There are
some cases that suggest that a p�aintiff bears responsibility for such shares, but ther� has been
considerai��e re-shuffling of the case law by recent United States Supreme Court cases and those
cases couId lead to re-examination of the "or�han share" allocation.
7
The fir�st ste�ps in any �ormal program to compel others� ta addre�ss contamination include the
faElowing:
1: An environmental consultant s�ould be engaged to examine available reports with
the specific charge of identifying
a: Reasonable and necessary response actioras associated with imminent and
substantial threats or releases, and
b. Responsible persons, past and present (viabie or no�).
c. Without checking with any consultanis, but based upon the general nature af
tY�e e�is�ting available reports, we anticipate that the costs for �is analysis
would be in the $20-$40,Q00 range.
2. An attorney sk�ould be engaged io evaluate the viability of any speci�ic claims against
identified res�onsible persons.
In general, the casts associaied w�th this analysis r�vauld be in the $15-3p,400
range..
3. The attorney and consultant should work with the City to develop a plan relating to
a. A specific plan to identify any work thai the Ciry co�siders necessary and
reasonable under applicable environmental standards, including a tirr�etable
and rafiionale for when the steps need to be taken;
b. A plan far cominunications with the MPCA {or, less �ikely, the E�'A) to see if
the MPCA will prompt actions by the responsible persons or will a�thorize
the Ciry to take any response acCions with anticipated cost recovery;
c. Ensuring that any steps taken in which the City wo�ld advanc� costs would
comply with tihe NCP to ensure eligibiiity for cost recovery;
d. Attending to an� notices to EPA, the State and responsible parties i�' any
injunctive relief is contemplatec� under RCRA.
e. It is premature to estimate costs associated with the costs of w�r1c or
i�nplementation of this plan. 'T'hese costs could be better identified in
c�iulection with the work that is outlined in steps 1 and 2.
As noted above, it is possible t�at the costs incurred in connection with this work wou�d be
recoverable from responsible parties. Hovvever, this would depend upon a valid showing that
�oten�i�ally responsible parties� have caused or contribut�d to past or o�ng�ing relea�es of hazardous
wastes or hazardous rnaterials and that the relief proposed is consis�er�t wiih one or �nore of the
applicable statutes that allow such recoveries.