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City Council Agenda
Monday, November 30, 2015
6:00 p.m.
City Council Chambers
(Times are Approximate — please note that iiems may be earlier or later than listed on the agenda)
6:00 p.m. 1. Roll Call
Voting & Seating Order: McGehee, Willmus, Laliberte,
Etten, Roe
6:02 p.m. 2. Pledge of Allegiance
6:04 p.m.
6:05 p.m.
6:10 p.m.
6:15 p.m.
6:20 p.m.
3. Approve Agenda
4. Public Comment
5.
6.
7.
8.
Council Communications, Reports and Announcements
Recognitions, Donations and Communications
Approve Minutes
a. Approve November 16 Council Meeting Minutes
Approve Consent Agenda
a. Approve Payments
b. Approve Business Licenses
c. Approve General Purchases and Sale of Surplus Items in
Excess of $5000
d. Consider Update to IT Shared Service Agreement with the
North Suburban Access Corporation
e. Approve the Repurchase of 2690 Oxford Street N., Unit
224 by Anthony A. Aden from Ramsey County
f. Approve City Counci12016 Calendar
g. Approve Fire Department & Regions Hospital Medical
Direction and Oversight Contract Agreement
h. Approve the Decertification of TIF District 13
i. Request by Zawadski Homes and Adele Kaufman for
Approval of a Minor Subdivision to Consolidate and
Recombine the Properties Addressed as 375 and 365 South
Owasso Boulevard
j. Adopt 2016 City Council Priority Plan
Council Agenda - Page 2
6:25 p.m
6:30 p.m
6:45 p.m.
7:00 p.m.
7:15 p.m.
7:25 p.m
7:35 p.m
7:45 p.m.
8:05 p.m.
8:20 p.m.
8:20 p.m.
8:20 p.m.
8:35 p.m.
k. Approve Hillcrest Animal Hospital Service Agreement
1. Accept Roseville Police Foundation Donations
9. Consider Items Removed from Consent
10. General Ordinances for Adoption
a. Request by City of Roseville for Approval of Certain
Minor, Clarifying Text Amendments to Title 10 (Zoning)
and Title 11 (Subdivisions) of the City Code
b. Consider Approval of Proposed Text Amendments of
Roseville's City Code, Chapter 901 Building Code:
including sections 901.01 Adoption of Building Code,
901.06 Permits, Inspections and Fees, 901.08 State
Surcharge, and 901.11 Construction Deposits.
c. Consider Approval of Proposed Text Amendments of
Roseville's City Code Chapter 905 Swimming Pools;
including Sections 905.01 Permit Required,
905.03Conditions, and 905.05 Regulated Pools
11. Presentations
12. Public Hearings
a. Public Hearing to Consider Pawn America License
Renewal
b. Public Hearing to Consider Easement Vacation for
Farrington Estates
c. Public Hearing to Consider Adopting a Resolution
Creating the Economic Development Authority (EDA),
and Approval of Transfer of Housing & Redevelopment
Authority Powers to the EDA
13. Budget Items
a. Public Hearing to Solicit Comment on the 2016 Budget
and Tax Levy
b. Consider Adopting the 2016 Utility Rates
14. Business Items (Action Items)
a. Approve/Deny Pawn America License Renewal
b. Approve/Deny Farrington Estates Easement Vacation
c. Approve/Deny Creation of Economic Development
Authority
d. Commission Review for 2016
Council Agenda - Page 3
9:00 p.m. e. Consider Purchase of Transit Shelters
15. Business Items — Presentations/Discussions
9:15 p.m. 16. City Manager Future Agenda Review
9:20 p.m. 17. Councilmember Initiated Items for Future Meetings
9:30 p.m. 18. Adjourn
Some Upcoming Public Meetings... ... ...
Tuesda Dec 1 6:30 .m. Parks & Recreation Commission
Wednesda Dec 2 6:30 .m. Plannin Commission
Monday Dec 7 6:00 .m. Ci Council Meetin r
Tuesda Dec 8 6:30 p.m. Finance Commission
Wednesda Dec 9 6:00 .m. Human Ri hts Commission
Thursda Dec ] 0 6:30 .m. Communit En a ement Commission
Thursday Dec 24-25 City Offices Closed — Christmas Eve & Christmas Day
Friday
All meetings at Roseville City Hall, 2660 Civic Center Drive, Roseville, MN unless othenvise noted.
Department Approval
�� �
Item Description:
BACKGROUND
�:i �
�
REQUEST FOR COUNCIL ACTION
Approve Payments
Date: 11/30/2015
Item No.: 8.a
City Manager Approval
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 $687,600.48
79544-79711 $473,192.40
Total $1,160,792.88
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
Page 1 of 1
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REQUEST FOR COUNCIL ACTION
Department Approval
�� �
Item Description: Approve 2015 Business and Other Licenses
BACKGROUND
Date: 11/30/2015
Item No.: 8.b
City Manager Approval
Chapter 301 of the City Code requires all applications for business and other licenses to be submitted to the
City Council for approval. The following application(s) is (are) submitted for consideration:
Massa�e Therapist License
Angela White
Healing Shores Reiki & Massage LLC
2151 Hamline Ave North Suite 112
Roseville, MN 55113
Fang Yang
Diamond Star Spa
696 West County Rd B
Roseville, MN 55113
Massa�e Therapy Establishment License
Healing Shores Reiki & Massage LLC
2151 Hamline Ave North Suite 112
Roseville, MN SSl 13
POLICY OBJECTIVE
Required by City Code
FINANCIAL IMPACTS
The correct fees were paid to the City at the time the application(s) were made.
STAFF RECOMMENDATION
Staff has reviewed the application(s) and has determined that the applicant(s) meet all City requirements. Staff
� recommends approval of the license(s).
�� REQUESTED COUNCIL ACTION
Motion to approve the business and other license application(s) pending successful background checks.
Prepared by: Chris Miller, Finance Director
Attachments: A: Applications
��� :
�� :
.,��:�� J �
Finance Department, License Division
2660 Civic Center Drive, Roseville, MN 55113
(651) 792-7036
Massage Therapist License
(Please Print Clearly)
`�.New License ❑ Renewal
For License Year Ending June 30, ��
1. Full Legal Name (Please Print) W� ��
2. Home Addre�
3. Telephone
4. Date of Birth (mm/dd/yyyy)_
5. Driver's License Numbe
6. Ethnicity:
7. Sex:
8. Email Address
9. Have you ever used or been lrnown by any name other than the legal name given in number 1 above?
�Yes ❑ No If Yes, List each full name along with dates and places where used.
�� .��,1��,r,�-, � r_ v�-�r-� � c�1A n r'�� C�Y�
10. Name and ad ress of the licensed Massage Therapy Establishment at which you expect to be employed:
�' JUY'�Qis . �� Q.� Z � rJ ��'O►i'Yl� 1 t� 1TV L�
� IZ,o�.v i���e., MN �� 1 t 3
1 l. Have you held any previous massage therapist licenses? If yes, in which city were you licensed?
`�. Yes �Yi�( e �Y' OYG ► W D�Gi�OI.t,YU i ❑ No
s-E--Pa�.�Q , Sl�,o�
12. If you answered Yes to number 11 above, were any previous massage therapist licenses revoked, suspended or
not renewed?
❑ Yes �No ❑ N/A
If yes, e�lain in detail on a separate page.
By signing below you certify that the above information is conect and authorize the City of Roseville Police
Deparlment to run your information for the required background checks.
Signature
Date ' ! L� " !
Please print��f�nail or hand-deliver along with a certified copy of a diploma or certificate of graduation
from a school of massage therapy including proof of a muumum of 600 hours in successfully completed course
work as described in Roseville Ordinance 116, Massage Therapy Establisiunents.
License Fee is $100.00
Make checks payable to: City of Roseville
• �i�'e
112
�� '��
E�
�
w���-
Finance Department, License Division
2660 Civic Center Drive, Roseville, MN 55113
(651) 792-7036
Massage Therapy Establishment License Application
(Please Print Clearly)
°�New License ❑ Renewal
�.�
For License Year Ending June 30, �
Business Name
Business Address
Business Phone
Email Address
Person to Contact in Regard to Business License:
Full Legal Name (Please Print) � h �� ���� (� C V�ar i.J�
Home Address
Telephone
,v�...,., .---.,, �-----, .-.-,
Date of Birth (mm/dd/yyyy)
Driver's License Numbf
Ethnicity:
Sex:
i � �e�'M1�
Have you ever used or been lrnown by any name other than the legal name given above?
❑ Yes ❑ No If Yes, List each full name along with dates and places where use �
-. � n � �mc��
Has the business held any previous massage therapy establishment licenses? If yes, in which city was it licensed?
� Yes �o�,v iew� I'�l�l ���
The undersigned applicant makes this application pursuant to all laws of the State of Minnesota and regulation as the
Council of the City of Roseville may from time to time prescribe, including Minnesota Statue #176.182. In
addition the appiicant acknowledges that they are responsible for reviewin� the back�round and work history of
their emplovees includin� those that have received a massa e� therapist license from the Citv.
By signing below, the applicant certifies that the above information is correct and authorizes the City of Roseville
Police Department to run his/her information for the required background checks.
Signature
License l
Additional �150 background check fee for all first-time applicants
Make checks payable to: City of Roseville
Date ` t � `� � /
��� ...,� ...�
��
Finance Department, License Division
2660 Civic Center Drive, Roseville, MN 55113
(651) 792-7036
Massage Therapist License
�] New License ❑ Renewal For the License Year Ending June 30,
1. Full Legal Name (Please Print) �Q99Q ��Iy1Q
T ..�.� � ,:..�.� �r,.:aa,_�
2. Home Addres:
3. Telephon�
4. Date of Birth (�mn/dd/yyyy)_
5. Email Address
6. Driver's License Number
7. Ethnicity
8. Sex:
9. Have you ever used or been known by any name other than the legal name given in number 1 above?
❑ Yes � No If Yes, List each full name along with dates and places where used,
10. Name and address of the licensed Massage Therapy Establishment at which you expect to be employed:
�►_r�m�� �r sA�l ��. � (d�� ��`t<.1J_ .��i �, �v� �, .�� ���i�
11. Have you held any previous massage therapist licenses? If yes, in which city were you licensed?
� Yes ;�,��Vi 1�E ❑ No
12. If you answered Yes to number 11 above, were any previous massage therapist licenses revol<ed, suspended or not
renewed? If yes, explain in detail on the back of this page.
❑ Yes j�j No ❑ N/A
The information that you are asked to provide on the application is classified by State law as aither public, private or
confidential. All data, with the exception of driver's license numbers, will constitute public record if and when the license is
granted. Our intended use of the information is to perform the background check procedures required prior to license issuance.
If you refuse to supply the information, the license application may not be processed.
By signing below you certify that the above information is correct and authorize the City of Roseville Police Department to run
your information for the required background checks. (Note: Back�round checics mav talce up to 30 davs to complete.)
Signature Date I/ I J/�, _
�
Please print this form an mail or hand-deliver along with a certified copy of a diploma or certiiicate of graduation from a
school of massage therapy including proof of a minimum of 600 hours in successfully completed course work as described in
Roseville Ordinance 116, Massage Therapy Establishments.
License Fee is $100.00 (prorated quarterly)
Malce checks payable to: City of Roseville
Department Approval
�. �: �
�[��'i
.,►..�
REQUEST FOR COUNCIL ACTION
Date: 11/30/2015
Item No.: 8.c
City Manager Approval
Item Description: Approve 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:
Division
Fire
Budget P.O. Budget /
Vendor Description Kev Amount Amount CIP
Emer. Response Solutions SCBA Replacement A $350,000.00 $262,096.68 CIP
Comments/Description:
� a) The purchase will be made in conjunction with the Houston-Galveston Area Council (HGAC) purchasing
�� cooperative approved by the Council on November 9`". Funding will come out of the 2016 CIP funding allotment,
� however placing the order in December will create a savings in excess of $10,000.
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:
De artment Item / Descri tion
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, autharize the trade-in/sale of surplus items.
REQUESTED COUNCIL ACTION
Motion to approve the attached list of general purchases and contracts for services and where
applicable; the trade-in/sale of surplus equipment.
Prepared by: Chris Miller, Finance Director
Attachments: A: 2015 CTP Purchase Suru�nary
Page 2 of 2
City of Roseville
2015 Capital Improvement Plan Summary
Asset Tvne
Vehicles
Vehicles
Vehicles
Vehicles
Vehicles
Vehicles
Vehicles
Vehicles
Vehicles
Vehicles
Vehicles
Equipment
Equipment
Equipment
Equipment
Equipment
Equipment
Equipment
Equipment
Equipment
Equipment
Equipment
Equipment
Equipment
Equipment
Equipment
Equipment
Equipment
Equipinent
Equipment
Equipment
Equipment
Equipment
Equipment
Equipment
Equipment
Equipinent
Equipment
Equipment
Equipment
Equipment
Equipment
Equipment
Equipment
Equipment
Equipment
Equipment
Equipment
Equipment
Equipment
Equipment
Equipment
Equipment
Equipment
Equipment
Equipment
Equipment
Equipment
Department / Function Item / Description
Police Marked squad replacement (5)
Polioe Unmarked vetrioles �1�
Fire Staffed engine replacement
Fire Medic unit
En�ineering Vehicle #303 Survey Crew
h l � k
Council
Budget Approval
Amount Date
$ 165,000 3/23/2015 $
24,000 3/23/2015
525,000 Various
55,000 6/22/2015
30,000 2/23/2015
33 000 2/23/2015
Updated October 31, 201 S
YTD
Actual
Amount Difference
] 71,411 $ (6,41 l )
35,481 (1 ] ,481)
517,685 7,315
43,716 11,284
Streets Ve ic e#104. 1-ton pic up , - -
Streets Vehicle #155 Stering 3-ton w/ plow 180,000 3/2/2015 51,751 128,249
Streets Vehicle #159 Crafco router 10,000 2/23/2015 9,997 3
Engineering Services Vehicle for ROW Specialist 20,000 1/26/2015 26,478 (6,478)
Water Old Police unmarked vehicle 4,528 (4,528)
Sanitary Sewer Vehicle #201 Jetter/Vactar 350,000 3/2/2015 284,412 65,588
Total Vehicles $ 1,392,000 $ 1,145,460 $ 183,540
Central Services Postage Machine/Copier Rental $
Police Computer equipment
Police Office furniture
Police Patrol area cubicles
Police Laptop replacement for squads
Police Printer replacement for squads
Police Non-lethal weapons
Police Long-gun parts
Police Sidearm parts
Police Tactical gear
Police SWAT vests
Police Cell phone extracrion device
Police Crime scene equipment
Police Bite suit
Police Defibrillators
Police Radar units
Police Stop sticks
Police Rear transport seats
Police Control boxes
Police Visabars
Police Squad camera system suppart
Police Radio equipment
Fire Weather and traffic protection
Streets Street signs
Streets Mower/ Snow blower combo
Maintenance Garage Vehicle analyzer
Maintenance Garage Brake lathe
Maintenance Garage Column lifts rehabheplace
Maintenance Garage Tire Changer/Lift
Maintenance Garage Furniture for Mechanics ofiice
Park Maintenance Belos & blower
Park Maintenance Park security systems
Park Maintenance Unit #536 Jacobsen 16' mower
Park Maintenance Push mowers
Park Maintenance Unit #565 Smithco sweeper
Park Maintenance Foley blade sharpener
Skating Center Compressors - OVAL
Skating Center Rental skates - OVAL
Skating Center Permiter fence pads - OVAL
Communications Council Chambers camera replacement
Information Technolog Computers, monitors, printers, network, etc
Water Water meters, AMR system
Storm Drainage Replace Flail Mower (2014 CIP)
Storm Drainage Replace Unit #164 Turf gator
Storm Drainage Portable generator
Storm Drainage Tractor/snowblower
Golf Course Gas pump and tank replacement
77,840 $
7,400
2,100
7,400 10/5/2015
126,075 10/5/2015
7,210
1,600
3,090
2,060
5,150
6,180
6,000
1,000
1,545
1,575
4,120
1,030
2,705
4,000
8,250
- 10/5/2015
15,500 6/22/2015
21,000
50,000 Various
35,000 3/2/2015
1,000
8,300
2,500
- 3/2/2015
145,000 2/9/2015
150,000
95,000 4/6/2015
1,000
8,000
- 6/22/2015
50,000
5,000
35,000
80,000 3/9/2015
331,640 Various
600,000
- 3/2/2015
10,000 4/20/2015
100,000
35,000 3/2/2015
10,000
55,729 $ 22,111
72,248
6,591
1,163
5,386
2,782
53,827
(4,991)
897
(236)
3,398
511 1,064
14,266 1,235
3,415 17,585
8,728 (8,728)
5,106 (5,106)
147,202 (2,202)
47,759 102,241
85,490 9,510
138,449
246,275
196,920
14,441
62,108
(58,449)
85,365
403,080
(14,441)
(27,108)
City of Roseville
2015 Capital Improvement Plan Summary
Budget
Asset Tvne Department / Function Item / Description Amount
Equipment Golf Course Course netting/deck/shelter 8,000
Equipment Golf Course Cushman #] and #2 28,000
Total Equipment $ 2,1 Ol ,270
Updated October 31, 201 S
Council YTD
Approval Actual
Date Amount Difference
$ 1,114,567 $ 579,053
Bldgs & Infrastnxcture General Facilities VAV's heat/cool $ 15,000
Bldgs & Infrastructure General Facilities VAV's cool 10,000
Bldgs & Infrastructure General Facilities Update flooring: City Hall & PD 25,000
Bldgs & Infrastructure General Facilities Update restrooms: City Ha1L 30,000
Bldgs & Infrastnxcture General Facilities LED conversion: City Hall 50,000
Bldgs & Infrastructure General Facilities Britnhall gymnasium improvements 80,800
Bldgs & Infrastructure General Facilities Central Park gymnasium improvements 5,000
Bldgs & Infrastructw-e General Facilities Gymnastics center improvements 10,000
Bldgs & Infrastructure General Facilities Fuel Pump Main Board -
Bldgs & Infrastructure Street Lighting General replacement - streetlight fixtures 25,000
Bldgs & Infrastructure Skating Center Rubber flooring in locker room - Arena 8,000
Bldgs & Infrastructure Skating Center Dehumidification system - Arena 87,500
Bldgs & Infrastructure Skating Center Scoreboard (large) - Arena 30,000
Bldgs & Infrastructure Skating Center Garage doors - OVAL 12,000
Bldgs & Infrastructure Pathways Pathway Maintenance 180,000
Bldgs & Infrastructure Information Technolog Office furniture 25,000
Bldgs & Infrastructure License Genter Electrical improvements 4,500
Bldgs & Infrastnicture License Center Kitchen improvements 5,500
Bldgs & Infrastructure Comm Development Office furniture 500
Bldgs & Infrastructure Pavement Mangement MSA Street Construction / Overlay 2,000,000
Bldgs & Infrastructure Park Improvements Park Renewal Program 4,743,750
Bldgs & Infrastructure Park Improvements Park Improvement Program 40,000
Bldgs & Infrastructure Water Water system improvements 800,000
Bldgs & Infrastructure Water Booster station improvements 354,000
Bldgs & lnfrastructure Sanitary Sewer Sanitary Sewer improvements 1,000,000
Bldgs & Infrastructure Sanitary Sewer 1& I reduction, Lift station repairs 665,000
Bldgs & lnfrastructure Storm Drainage Pond Improvements, sewer replacement 650,000 various
Bldgs & Infrastructure Golf Course Course improvements 5,000
Bldgs & lnfrastructure Golf Course Parking lot improvements 8,000
Bldgs & lnfrastructure Golf Course Clubhouse: general upkeep and repairs 8,000
Bldgs & lnfrastructure Golf Course Clubhouse roof replacement 33,000
Total Buildings & Infrashucture $10,910,550
$ - $ -
16,515 8,485
810 (810)
37,168 50,332
231,748 (51,748)
745 3,755
- 4,777
2,795 (2,295)
2,325,542 (325,542)
3,510,158 1,233,592
18,665 21,335
331,846 468,154
821,236 178,764
717,252 (67,252)
$ 8,014,481 $ 1,521,546
Total - A112015 Funded CIP Items $14,403,820 $ 10,274,508 $ 2,284,139
Department Approval
�. �: �
Item Description:
��
.r—
REQUEST FOR COUNCIL ACTION
Date: 11 /30/15
Item No.: 8.d
City Manager Approval
Consider Update to IT Shared Service Agreement with the North Suburban
Access Corporation (NSAC)
BACKGROUND
Since 2005, the City has been extending various IT support services to the North Suburban
Communications Commission (NSCC) and the North Suburban Access Corporation (NSAC). The City
is a member of NSCC and contributes to community television services provided by NSAC through
collective participation in the joint powers board that administers both of these functions.
� The current agreement was established with NSCC in January, 2005 to provide a number of IT services
� including but not limited to, the monitoring and support of the Institutional Network (I-NET), PC
support, email and other requested services. However some of these services are no longer required or
�� � requested with other needs and services added. As an example, Roseville extends Internet access to
CTV for the purpose of providing online streaming and playback of public meetings that are broadcast
�� on the various public access channels. The current agreement does not cover this service or does it
cover the IP telephony services that have been provided since 2005.
�� It has been requested by NSCC to update the existing agreements to reflect the services provided and to
utilize an agreement format that a]]ows the addition and deletion of services as requested by NSCC.
Additionally since the majority of these services are directed towards NSAC, the updated agreement
�� would be eXecuted between the City and NSAC. IT service agreements developed in the past two years
provide for the addition and removal of services through the establishment of a master service
agreement and associated task orders. A task order describes the provided services and the monthly or
annual service charge
�� The attached Information Technology Shared Service Agreement has been approved by NSAC and is
,� awaiting approval from the Roseville City Council.
POLICY OBJECTIVE
Joint cooperative ventures are consistent with past practices as well as the goals and strategies outlined
.. in previous visioning and goal-setting processes.
z�;
Page 1 of 2
FINANCIAL IMPACTS
The proposed Agreement provides non-tax revenues to support City operations. The hourly rates
charged to other cities or entities are more than the cost of a City employee; yet substantially lower than
could be obtained from private companies — hence the value to other cities is greater. For 2015, it is
projected that the services provided to NSAC will include on-going services in the amount of $34,842
annually.
There is no budget impact. The presence of the Agreement along with existing revenue sources is
sufficient to fund the City's added personnel, software licensing, and related information systems costs
related to the contracted services.
STAFF RECOMMENDATION
Staff recommends the Council approve the attached Shared Service Agreement.
REQUESTED COUNCIL ACTION
Approve the attached Shared Services Agreement with the North Suburban Access Corporation for the
purposes of providing IT support services.
Prepared by: Chris Miller, Finance Director
Attachments: A: IT Shared Service Agreement with the Norih Suburban Access Corporation.
Page 2 of 2
Attachment A
INFORMATION TECHNOLOGY SHARED SERVICE AGREEMENT
This INFORMATION TECHNOLOGY SHARED SERVICE AGREEMENT (this
"Agreement") entered into by and between the City of Roseville, a Minnesota municipal
corporation ("Roseville'), and the North Suburban Access Corporation, ("NSAC'), is effective
upon the execution of this Agreement by the named officers of both organizations. Roseville and
NSAC are referred to individually as "Party" and collectively as the "Parties".
WHEREAS: The City of Roseville and the North Suburban Access Corporation agree to work
collaboratively in the areas of Information Technology and related service areas, collectively
referred to as "IT", and,
WHEREAS: The purpose of this Agreement is to define the terms and conditions under which
services will be defined and provided by Roseville, by and through Roseville's Information
Technology Division ("Roseville IT") to the North Suburban Access Corporation.
NOW, THEREFORE, in consideration of the mutual covenants herein and for good and
valuable consideration, receipt of which is hereby acknowledged, the Parties agree as follows;
SECTION 1- DEFINITIONS
As used in this Agreement, certain terms shall have the following meanings:
1.1 "Agreement" shall mean the combined terms and conditions of this Agreement
and of speciiic Task Order depending on context.
1.2 "Provider" shall mean the party to this Agreement defined within a Taslc Order
specified as providing the service to the other party.
1.3 "Recipient" shall mean the party to this Agreement defined within a Taslc Order
specified as receiving services from or through the other party.
1.4 "Services" shall generally represent the "Scope of Services" as defined within a
Task Order and may represent any combination of labor, whether provided by the
Provider's employees or a third party designated by the Provider, use of facilities,
equipment, software, or material goods utilized or consumed in providing the Services.
1.5 "Task Order" shall represent the terms and conditions of this Agreement that
specify services, products, and other costs incurred by one party that are to be
compensated by the other party. Taslc Order refers to the written speciiications for either
annually renewable Services or project-based Services that are completed under
accomplishment of specified deliverables or other project event. Taslc Orders are more
fully defined in Section 10.
1.6 "Holidays" includes New Year's Day, Martin Luther King, Jr. Day, President's
Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving,
Christmas Eve, Christmas Day, and other days that are consistent with past practices.
1.7 "Service Hours" means, unless otherwise noted, the hours of 8 a.m. to 5 p.m.
local time, Monday through Friday, excluding Holidays.
Attachment A
1.8 "Entity" means any corporation (including any non-pro�t corporation),
general partnership, liinited partnership, limited liability partnership, joint venture,
estate, trust, cooperative, foundation, society, political party, union, company
(including any limited liability company or joint stocic company), firm or other
enterprise, association, organization or entity.
1.9 "Governmental Body" means any (a) nation, principality, state,
commonwealth, province, territory, county, municipality, district or other jurisdiction;
(b) federal, state, local, municipal or foreign government (including any agency,
department, bureau, division, court, or other administrative or judicial body thereo fl;
or (c) governmental or quasi-governmental authority of any nature.
1.10 "Software" means software programs, including supporting documentation
and online help facilities. Software includes applications software programs and
operating systems software programs.
1.11 'Business Continuity" means the ability to inaintain operations/services in the face
of a disruptive event.
SECTION 2 - EFFECTIVE DATE
The effective date of this Agreement is January 1, 2016 or the last date of signature by
all parties, whichever is later and remains in effect until termination, as set forth in
Section 3 of this Agreement.
SECTION 3 - TERMINATION
3.1 Termination for Convenience. Either party may terminate this Agreement or
a specific Taslc Order for convenience, after �rst providing written notice of the
intent to terminate to the other party, six (6) months in advance.
3.2 Termination of Taslc Order. Each Taslc Order shall specify the timeline for
notice to terminate that Task Order.
3.3 Termination by Mutual Agreement. The parties may terminate this
agreement in whole or in part, at any time by mutual agreement.
3.4 Termination of the Agreement shall also terminate any active Task Orders
under this Agreement.
3S Termination of a Task Order will terininate all Services as defined by the
Taslc Order but does not alter any terms or conditions of any other active Task
Order or this Agreement.
3.6 In the event written notice of termination is given by either party, both
parties shall worlc to accomplish a complete transition of services being terminated
without interruption of, or adverse impact on, the services enjoyed by either party
under this Agreement. The disentanglement process shall begin as soon as possible,
but not later than the date of termination. Disentanglements will be defined as a Task
Order and both parties, shall in good faith, seek to maintain existing service levels
and minimize the disruption of services until the disentanglement is completed. Each
party shall bear its cost of disentanglement, unless separately defined within a Task
Order, or as may otherwise be agreed by both parties.
Attachment A
3.7 Third-Party Authorizations. Provider shall execute any third-party authorizations
necessary to grant the Recipient the use and beneiit of any third-party contracts, to the
limits allowed by the contracts.
3.8 Licenses to Proprietary Software. Provider shall negotiate to allow the Recipient
(after receiving written approval from the Provider) to use, copy, and modify,
applications and programs developed by the Provider that would be needed in order to
allow the Recipient to continue to perform for itself, unless otherwise prohibited by the
software's licensing agreement.
3.9 Delivery of Documentation. Provider shall make reasonable efforts to deliver to
the Recipient or its designee, at the Recipient's request, all available documentation and
data related to the Recipient, including the Recipient Data held by Provider. Costs
incurred will be borne by Recipient.
3.10 Personnel. Should the Recipient decide to reduce or terminate any portion of this
Agreement, to the extent that such reduction or termination will displace one or more
Provider employees, then it is agreed that the parties will, if feasible, transfer personnel
from the Provider to the Recipient in order to provide a reasonable opportunity to provide
staff continued employment.
SECTION 4- COORDINATION AND COMMUNICATION
4.1 The Management Committee, composed of a designated representative for NSAC
and Roseville shall provide oversight and administer this agreement. Designated
representatives are considered authorized representatives of their respective management
and shall be empowered with authorities granted to the Management Committee under
this Agreement.
4.2 The Management Committee shall meet quarterly (or as otherwise mutually
agreed) to review the performance with regard to material aspects, risk management, as
well as the effectiveness and value of the Services and Taslc Order provided between the
Provider and the Recipient.
4.3 Agreement Review. The Management Committee will meet annually, to formally
review and, to the extent mutually agreed upon by the Parties, update the terms, pricing,
conditions and other details of this Agreement and any Task Order so that the on-going
business requireinents of both Parties are met.
SECTION 5 - DISPUTE RESOLUTION
5.1 In the event of a dispute between NSAC and Roseville regarding the delivery of
Services under this Agreement or any related Task Order, the Management Committee
shall review disputes and recommend options for resolution to the involved personnel.
5.2 Any dispute not resolved by the Management Committee shall be referred to the
NSAC Executive Director and the Roseville City Manager (collectively "Administrators"),
or their designated representatives, who shall review the dispute and options for
resolution. The resolution of the Administrators regarding the dispute shall be final as
between the parties and shall be reduced to writing as an addendum to this Agreement.
Attachment A
5.3 Any dispute under Section 5.1 of this Agreement that cannot be resolved by the
Administrators may be submitted to mediation, the cost of which shall be borne equally
between the parties.
5.4 In the event either party determines that there has been a breach of the provisions
of this Agreement or a related Task Order which cannot be resolved by the
Administrators, the Agreement or related Taslc Order may be terminated as described in
Section 3.
SECTION 6 - INDEPENDENT CONTRACTOR
A Provider is, and shall at all times be, deemed to be an independent contractor in the
provision of the Services set forth in this Agreement. Nothing in this Agreement shall be
deemed or construed as creating ajoint venture or partnership between the Parties.
Neither Party is by virtue of this Agreement authorized as an agent, employee, or legal
representative of the other Party, and the relationship of the Parties is, and at all times
will continue to be, that of independent contractors. A Provider shall retain all authority
and responsibility for the provision of Services, standards of performance, discipline and
control of personnel, and other matters incident to the performance of services by a
Provider pursuant to this Agreement. A Provider shall comply with all relevant Federal,
State, and municipal laws, rules, and regulations. Nothing in this Agreement shall make
any employee of the Recipient jurisdiction, an employee of a Provider jurisdiction or any
einployee of a Provider jurisdiction, an employee of the Recipient jurisdictions for any
purpose, including but not liinited to, withholding of taxes, payment of benefits, workers'
compensation beneiits, or any other rights or privileges afforded said employees by
virtue of their employment.
SECTION 7 - ASSIGNMENT/SUSCONTRACTING
Neither the Recipient nor the Provider shall transfer or assign, in whole or in part, any or
all of their respective rights or obligations under this Agreement without the prior written
consent of the other.
SECTION 8- HOLD HARMLESS INDEMNIFICATION
8.1 Each party agrees to indemnify, defend, save and hold harmless the other, its
officials, employees and agents from any and all liability, demands, claims, causes of
action, suits orjudgments, including costs, attorney fees and expenses incurred in
connection therewith, or whatsoever lcind or nature, arising out of, or in connection with,
or incident to, its negligent acts or omissions under this Agreement. Without limiting the
generality of the foregoing, the parties further expressly agree to indemnify, defend, save
and hold harmless the other party, its officials, employees, and agents, from and against
any and all liability, claims, demands, losses, damage, costs, causes of action, suits or
judgments, including attorney fees, costs or expenses incurred in connection therewith,
for deaths or injuries to person arising out of, in connection with, or incident to the
performance of this Agreement by a Provider, its officials, employees, or agents.
Attachment A
Provided, however, that this provision does not indemnify a Recipient against liability for
damages arising out of the Recipient's failure to abide by reasonable industry and user
standards and the reasonable requirements provided by a Provider which include, but are
not limited to, procedures, guidelines, and security instructions for proper use, user
maintenance, and mandatory user security responsibilities.
8.2 Section 8.1 of this Agreement shall include any claim made against a Recipient
by an employee of the Provider or subcontractor or agent of the Provider, even if the
Provider is thus otherwise immune from liability pursuant to the Minnesota workers'
compensation law provided, however, this paragraph does not purport to indemnify the
Recipient against the liability for damages arising out of bodily injuries to person
caused by, or resulting from, the sole negligence of the Recipient, its elected' officials,
officers, employees and agents.
8.3 Section 8.1 of this Agreement shall further include any claim made against either
party regarding payment of any taxes other than state sales tax on tangible goods.
8.4 In the event of litigation between the parties to enforce rights under this section,
each party shall bear its own attorney's fees and costs.
8.5 Nothing in this Agreement shall constitute a waiver of the statutory limits of
liability set forth in Minnesota Statutes Chapter 466 or a waiver of any available
immunities or defenses.
SECTION 9 - NOTICE
9.1 Notices. Except as otherwise provided, any notices to be given under Section 3 of
this Agreement or termination of any Task Order shall be in writing and shall, at a
minimum, be delivered electronically or postage prepaid and addressed to:
North Suburban Access Corporation City of Roseville
Name: Pat Cook Name: Terrence Heiser
Title: Senior Technician/Facilities Coordinator Title: Information Technology Manager
Email: pcook@ctvl5.org Email: net�voi•1<.manager(c�cityofroseville.com
Address: Address:
2670 Arthur Street 2660 Civic Center Drive
Roseville, MN 55113 Roseville, MN 55113
Attachment A
9.2 Choice of Law; Consent to Jurisdiction. This Agreement shall be construed in
accordance with, and governed in all respects by, the internal laws of the State of
Minnesota.
9.3 Force Majeure. Neither Party will be liable for delays or failure to perform
Services if due to any cause or conditions beyond its reasonable control, including, but
not limited to, delays or failures due to acts of God, natural disasters, acts of civil or
military authority, fire, flood, earthquake, strikes, wars, or utility disruptions (shortage of
power).
9.4 Entire Agreement; Amendment; Waivers. This Agreement, together with all
Exhibits hereto, constitutes the entire agreement bet�veen the Parties pertaining to the
subject matter hereof and supersedes all prior agreements, understandings, negotiations
and discussions, whether oral or written, of the Parties. No supplement, modification or
waiver of this Agreement shall be binding unless executed in writing by the Party to be
bound thereby. No waiver of any of the provisions of this Agreement shall be deemed or
shall constitute a waiver of any other provision hereof (whether or not similar), nor shall
such waiver constitute a continuing waiver unless otherwise expressly provided.
9.5 Severability. In the event that any one or more of the provisions contained in this
Agreement or in any other instrument referred to herein, is, for any reason, held to be
invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision of this Agreement or any other such
instrument and the invalid, illegal or unenforceable provision shall be deemed modified
so as to be valid, legal and enforceable to the maximum extent allowed under applicable
law.
9.6 Parties Obligated and Benefited. This Agreement will be binding upon the
Parties hereto and their respective permitted assigns and successors in interest and will
inure solely to the benefit of such Parties and their respective perinitted assigns and
successors in interest, and no other Person.
SECTION 10 - SERVICES AND TASK ORDERS
10.1 Where NSAC and Roseville exchange Services under this Agreement, such
Services will be defined in the form of a Taslc Order, in writing and signed by the
Management Committee.
(a) The intent of this provision is to ensure clear communications and
commitment prior to either party talcing action or incurring costs on behalf of the
other. Both parties will act in good faith to identify requirements, expectations
and to adhere to the commitments specified within this Agreement.
(b) Services exchanged or actions taken with the intent of providing Services
between NSAC and Roseville without an agreed Task Order will not be
covered by the terms of the Agreement and incurred costs will not be
reimbursed. The party requesting Services covenants, by way of executing a
Taslc Order pursuant to this Agreement, that its requests for Service are within
the annual budget for that party.
Attachment A
(c) In cases of emergency, where the urgency of circumstance precludes the
practicality of executing a Taslc Order for a Service not covered by an existing
Task Order, the Task Order may be reduced to writing and executed as soon
after provision of Services as is practicable. Where the parties cannot agree on
the terms of the written Task Order, the parties agree to follow the dispute
resolution procedures set forth in Section 5. An emergency may be any
unanticipated event or circumstance outside the bounds of existing provisions
under any active Task Order that the Management Committee members or the
designees of both parties declare as such.
(d) Unless agreed otherwise by both parties, the costs incurred in the planning,
preparing and processing of a Task Order by one party will not be charged to
the other.
10.2 All Taslc Orders are subject to the terms and condition of this Agreement.
10.3 All Task Orders must minimally include acceptance by the Management
Committee. The Management Committee shall ensure that any additional authorization
requirements, with respect to their individual organizations, have been secured prior to
initiating or amending the Task Orders.
10.4 Duration of a Taslc Order shall be defined in the Task Order and may be: a
limited time period; concluded upon accomplishment of specified deliverables; or a
continuing Service with regular renewal review.
(a) Task Orders may address Services that are of a general or continuous nature
that would be reviewed annually, at the same time as the Agreement. Such Task
orders may also be terminated in accordance to the terms defined in Section 3.
(b) Alternatively, Taslc Orders may also be defined in association with a specific
Project which would include specific criteria for normal coinpletion (e.g. point-in-
time, deliverable acceptance); these too may be terminated in accordance to the
terms defined in Section 3.
10.5 Task Orders may not amend this Agreement or its terms and conditions, but shall
specify Services, rates, and other aspects of the scope of work for specific Services
related to this Agreement. The terms of a Task Order will apply only to the specific Task
Order and may not change such terms or conditions relative to the Agreeinent or other
Tasl< Orders.
10.6 Each Taslc Order will utilize the standardized form. Attached as E�ibit A.
10.7 Provider of Services will track and report status, as may be defined in the Taslc
Order, with regard to:
(a) Performance-related service levels.
(b) Progress towards deliverables.
(c) Billed costs vs. inaximum specified annual Task Order budgeted amount.
Attachment A
10.8 If the deliverables specified in a Task Order are not achieved or the Recipient
believes it is not receiving acceptable service, the parties shall follow the dispute
resolution procedures set forth in Section 5 and for Termination for Breach set forth in
Section 5.4.
SECTION 11 - FINANCIAL TERMS AND PAYMENT PROCESS
11.1 Unless agreed otherwise by both parties, the Provider will present invoices to
Recipient monthly. Charges for Services will be invoiced no later than thirty (30) days
following the period in which Services were delivered, costs incurred and all relevant
vendor or supplier invoices have been received, or the project milestone for payment is
accomplished.
11.2 Invoices may coinbine charges from multiple Task Orders, unless otherwise
defined for a specific Taslc Order.
11.3 Invoices shall include:
(a) Total of all charges represented on the invoice.
(b) Itemization by Task Order and as further instructed within the Task Order.
(c) Copies of third-party invoices representing a basis for the invoiced charge.
(d) Any other detail as may be specified within the related Task Order.
11.4 Unless otherwise defined in the Taslc Order, invoices are due and payable to the
Provider within thirty (30) days of receipt of the invoice by the Recipient. An invoice
may be disputed within the thirty (30) day period. Any Provider-proposed resolution will
restart the thirty (30) day period for payment, without waiving the Recipient's rights to
dispute resolution under Section 5.
11.5 Invoiced amounts may be changed upon mutual consent of parties pursuant to
Section 10 and each affected Task Order.
11.6 Disputes regarding invoices that cannot be otherwise resolved, the parties agree
to follow the dispute resolution procedures set forth in Section 5.
SECTION 12 - PERSONNEL
12.1 Assigned staff. Provider shall designate the personnel to provide services to the
Recipient. Recipient reserves the right to review the qualifications of personnel
providing services under this Agreement, and to make recommendations regarding
placement of such personnel for the benefit of Recipient.
12.2 If the Recipient believes that the performance or conduct of any person employed or
retained by the Provider to perform obligations under this Agreement is unsatisfactory for
any reason, or is not in compliance with the provision of this Agreement, the Recipient will
notify the Provider. The Provider will establish a plan to resolve the issue within a deadline
agreeable to the Recipient. If a mutually acceptable solution can not be reached, the parties
Attachment A
agree to follow the dispute resolution procedures set forth in Section 5.
12.3 Access to Recipient facilities. The Recipient, depending on requirements of the
Task Order, in its sole discretion, may approve any Provider employees requiring
access to any Recipient facility. Should Recipient refuse access to any Provider
employee attempting to act in accordance with this Agreement, the Provider shall not
be held in breach of this Agreement as to the Services affected.
12.4 Staff substitution. In the event that Recipient notifies Provider that it wishes
Provider to replace an employee of the Provider providing services to Recipient, Recipient
and Provider shall meet to attempt to resolve Recipient's concerns. If the parties are not
able to resolve Recipient's concerns within ten (10) days after Recipient's notice to
Provider (or such later date agreed upon by both parties), provider shall exercise
reasonable diligence to honor Recipient's requests to replace the staff inember.
12.5 Background checks. As may be required by the Recipient and the requirements of
a Task Order, the Provider shall be responsible for conducting a background check on all
personnel hired after the effective date of this Agreement or after the effective date of the
related Task Order who provide services to the Recipient. The background investigation
shall include but not be limited to, a credit checic and criminal records checic for
misdemeanors and felonies. If requested by the Recipient, background checks will be
performed on current employees that have access to the Recipient's sensitive data.
12.6 Staff Direction. In situations where NSAC's staff receives direction from
Roseville staff or Roseville's staff receives direction from NSAC's staff that may be
in conflict with either NSAC's or Roseville's IT strategic direction, policy or
guidelines, terms and conditions of this Agreement, or that may result in potential
risk to either Party's shared infrastructure, the involved staff will immediately notify
the Management Committee of such potential conflict and of the relevant policy,
guideline or term or condition of this Agreement and delay implementing such
direction, unless immediate action is required to ensure business continuity, until the
conflict can be resolved in consultation with the Management Committee. The parties
will provide one another and their respective staff inembers with copies of their
respective strategic plans, policies, and guidelines and of this Agreement. Neither
party is obligated to clelay action based on a strategic plan, policy, guideline or term
or condition of this Agreement if such copies have not been provided. The
Management Committee will malce best efforts to expedite identification and
resolution of conflicts and provide prompt direction to their respective staff inembers.
If the parties are not able to resolve the conflict, the provisions of Section 5(Dispute
Resolution) shall apply.
12.7 Employees physically worlcing at a facility of the other party will act in
accordance with all policies and procedures regarding appropriate conduct in that
party's workplace. Exceptions may be identified by the Provider and are subject to
acceptance by the Recipient.
Attachment A
SECTION 13 - TECHNOLOGY PLANNING
13.1 Strategic Information Technology planning. NSAC and Roseville both engage
in strategic technology planning that includes establishing a strategic IT direction, and
determining technology initiatives and investments in accordance with NSAC and
Roseville strategic business goals.
13.2 Each party is invited to participate in the other party's strategic planning process.
IN WITNESS WHEREOF, North Suburban Access Corporation and Roseville have caused this Agreement
to be executed in their respective names by their duly authorized officers and have caused this Agreement to
be dated as of the 1 st day of January, 2016.
North Suburban Access Corporation City of Roseville
.
� By:
Name: Coralie Wilson Name: Dan Roe
Title: Executive Director Title: Mayor
North Suburban Access Corporation City of Roseville
By: By:
Name: Name: Pah•ick Trudgeon
Title: Title: City Manager
L���
�}�
REQUEST FOR COUNCIL ACTION
Department Approval
Date: Nov. 30, 2015
Item No.: 8.e
City Manager Approval
Item Description: Approving the repurchase of 2690 Oxford Street N., Unit 224 by Anthony A.
Aden from Ramsey County
BACKGROUND
On August 1, 2015, a property owned by Anthony A. Aden, located at 2690 Oxford St., Unit
224 was forfeited to Ramsey County for failure to pay property taxes. Mr. Aden is now planning
to repurchase the property back from Ramsey County.
Ramsey County's process for repurchasing of tax-forfeited properties is to have the municipality
where the property is located review the request and document whether the property has
excessive police calls, building and health code violations, or other illegal activities within the
past five years. The County asks that the municipality recommend by resolution that the County
Board approve or deny the repurchase application.
City staff has reviewed the code enforcement files and police calls and have found that there has
not been any police or code enforcement activity in the past five years. The property is a
condomuminum unit in the Parkview Terrace Condominium development.
POLICY OBJECTIVE
Allowing for the repurchase to occur will return the properties to the tax roll and allow for the
lots to be developed as housing.
BUDGET IMPLICATIONS
As part of the the repurchase process, the City will receive payment for the back taxes that have
not been paid to date.
STAFF RECOMMENDATION
Staff recommends adoption of the resolution recomneding the Ramsey County Board approve
the repurchase application of Mr. Anthony Aden for 2690 Oxford St., Unit 224.
REQUESTED COUNCIL ACTION
Motion to A�opT Resolution # recommending that the Ramsey Coutny Board
approve the repurchase application of of Mr. Anthony Aden for 2690 Oxford St., Unit 224.
Prepared by: Patrick Trudgeon, City Manager (651) 792-7021
Attachments: A: Repurchase application for 2690 Oxford St., Unit 224, Roseville
B: Resolution
Page 1 of 1
� RAMSEY COUNTY
� Property Records & Revenue
October 14, 2015
City of Roseville
Attn: Pat Trudgeon, City Manager
2660 Civic Center Drive
Roseville, MN 55113-1899
Re: Repurchase application relating to a tax-forfeited property at 2690 Oxford Street N., Unit 224
Dear Pat Trudgeon:
Enclosed please find a repurchase application received from Anthony A. Aden, the owner at the time of
forfeiture, for the property located at 2690 Oxford Street N., Unit 224. The property forfeited to the State of
Minnesota on August 1, 2015 and is an occupied condominium unit. The applicar�t has explained the
circumstances that led to the forfeiture on the attached application. The amount of delinquent taxes owed on
the property at the time of forfeiture was $680.70.
County Board policy, No. 99-507, adopted on December 21, 1999, allows for "each repurchase application to be
referred to the municipality in which the property is located. The municipality will document whether the
property is considered a municipal problem based on documented police, building code, illegal activity, or health
violations within the past five years. The municipality, by resolution, shall recommend that the County Board
approve or deny the repurchase application and return the repurchase application to Ramsey County along with
the resolution and documentation of any violations."
The following documents are enclosed to assist you:
• Copy of Application to Repurchase after Forfeiture
• Map of the parcel
Please send a certified copy of the city council resolution and all relevant documents to the Tax Forfeited Land
office for final processing. If you have any questions regarding the enclosed documents or require further
information, please do not hesitate to contact me at (651) 266-2081.
Sincer,ely,
/ �
�/r. __�..�. ° � �.��
�
Kristine A. Kujala, Supervisor
Tax Forfeited Lands
90 Plato Blvd. VJest
Saint Paul, MN 55107
Phone: (,651) 26b-2�00
r�rr,v.co.ramsey.mn.us
Attachment A
Application to Repurchase after Forfeiture
Pin: 02-29-23-33-0131
Legal Description: Unit No. 224 Apartment Ownership No. 9 Park View Terrace Condominium
Address: 2690 Oxford Street n, Unit 224
Forfeiture Date: Au�ust 1, 2015
I hereby make application to repurchase the above described parcel of land, located in Ramsey County, from the State of
Minnesota, and understand that pursuant to Minnesota Statutes, section 282.241:
• The owner at the time of forfeiture, or the owner's heirs, devisees, or representatives, or any person to whom
the right to pay taxes was given by statute, mortgage, or other agreement, may file an application to repurchase
any parcel nf land claimed by the sfate to be fbrfeiteo to the state for unpaid property taxes, unfess sold or
conveyed to a third party.
The property may be repurchased for the sum of all:
o Cancelled taxes, including all delinquent real property taxes, plus penalties, accrued interest and costs
attributable to the taxes.
o All property taxes plus penalties, interest and costs on those taxes for the taxes payable year following
the year of the forfeiture and all subsequent years through the year of repurchase.
o All delinquent special assessments cancelled at the time of forfeiture, plus penalties, accrued interest
and costs attributable to those assessments.
o Special assessments not levied between the date of forfeiture and the date of repurchase.
o Any additional costs and interest relating to taxes or assessments accrued between the date of
forfeiture and the date of repurchase.
o Extra costs related to repurchase and recording of deed.
• A$250.00 administrative service (repurchase) fee, in certified funds, is due at the time the application is
submitted.
• All maintenance costs accrued on the property while under the management of Ramsey County, Tax Forfeited
Land, from the date of forfeiture until the adoption of a resolution by the Ramsey County Board of
Commissioners, are to be paid by the applicant.
• Applicant will take possession of the property and be responsible for its maintenance and security upon
approval of the repurchase by the Ramsey County Board of Commissioners.
The reason or circumstances that led to the forfeiture of the property is (describe hardship):
�/�' l--`�'� `��/�✓SU(°�'S ����
Return application to: Department of Property Records and Revenue, Attn: Tax Forfeited Lands Section,
PO Box 64097, St. Paul, MN 55164-0097
Application to Repurchase after Forfeiture
Applicant Name:
Applicant's relationship to the prope
Mailing Address �c��o
City, State, Zip�
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Attachment A
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The foregoing instrument was acknowledged before me this y ,
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NOTARY STAMP/ SEAL
Given under my hand and official seal of this
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Return application to: Department of Property Records and Revenue, Attn: Tax Forfeited Lands Section,
PO Box 64097, St. Paul, MN 55164-0097
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Attachment A
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Attachment B
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 duly held on the 30th day of November,
2015, at 6:00 p.m.
The following members were present:
and the following were absent: .
Member introduced the following resolution and moved its adoption:
RESOLUTION No.
RESOLUTION APPROVING THE REPURCHASE OF 2690 OXFORD ST., UNIT
224 BY MR. ANTHONY A. ADEN FROM RAMSEY COUNTY
WHEREAS, 2690 Oxford St., Unit 224 was forfeited to the State of Minnesota and
Ramsey County for failure to pay taxes on August l, 2015; and
WHEREAS, Mr. Anthony A. Aden, the previous owners of the property has filed an
application with Ramsey County to repurchase the property known as 2690
Oxford Street, Unit 224, Roseville, MN; and
WHEREAS, Ramsey County Board Policy No. 99-507 requires that each repurchase
application be referred to the municipality in which the property is located
for a recommendation on whether the repurchase application should be
approved or denied.; and
WHEREAS, Policy 99-507 requires that the municipality document whether the property
is considered a municipal problem based on documented police, building
code, illegal activity, or health violations in the past five years.; and
WHEREAS, the City of Roseville has reviewed their records and found no documented
police calls, code enforcement issues, actions of illegal activity or health
violations within the past five years.
NOW, THEREFORE, BE IT RESOLVED, that the City of Roseville recommends that the
Ramsey County Board approve the repurchase application submitted by Mr.
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Attachment B
Anthony A. Aden for the repurchase of 2690 Oxford Street, Unit 224, and
Roseville, Minnesota.
The motion for the adoption of the foregoing resolution was duly seconded by Member
, and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same: none.
WHEREUPON said resolution was declared duly passed and adopted.
:
59 STATE OF MINNESOTA
60
61 COUNTY OF RAMSEY
)
) ss
)
Attachment B
62 I, the undersigned, being the duly qualified City Manager of the City of Roseville,
63 County of Ramsey, State of Minnesota, do hereby certify that I have carefully compared
64 the attached and foregoing extract of minutes of a regular meeting of said City Council
65 held on the 30th day of November 2015 with the original thereof on file in my office.
••
67
68
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WITNESS MY HAND officially as such Manager this 30t" day ofNovember 2015.
Patrick Trudgeon, City Manager
Draft-2016 City Council
Meeting Schedule
The Roseville City Council will meet at 6:00 p.m. in the City Council Chambers
of Roseville City Hall, 2660 Civic Center Drive, on the following dates:
January
February
March
4 Org Meeting
11
25
8
22
7
14 Work Session
28
Note: RAHS Spring Break March 7-11 &
Mounds View Spring Break March 21-25
April
May
11
18 Work Session
25
9
16
23
June
13
20
Note: Rosefest Parade Monday, June 27
July
August
11
18 Work Session
25
8
15 Work Session
22
September
12
19 Work Session
26
October
November
December
10
17 Work Session
24
7
14 Work Session
28
5
/ "�- �',:�.���
Patrick Trudgeon, City Manager
Department Approval
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Item Description:
BACKGROUND
���
�
REQUEST FOR COUNCIL ACTION
Date: 11/30/2015
Item No.: 8.g
City Manager Approval
Fire Department & Regions Hospital Medical Direction and Oversight
Contract Agreement
The Fire Department provides medical first response to the community more than 3600 times
annually. Firefighters are trained to provide medical treatments including medications at the
Advanced Emergency Medical Technician (EMT) level. Regions Hospital has agreed to provide
the Fire Department services, including medical oversight and education.
The two parties have agreed to terms of a contract for a contractual period of three years,
expiring December 31, 2018.
FINANCIAL IMPACTS
Far services provided for medical oversight Roseville Fire Department, will pay Regions
Hospital an annual base cost of $2000.00, a subsequent base educational fee of $1200.00 and
additional $75.00 per student per year through the term of the contract.
Total annual cost of for medica] oversite and education will change/lower annual as the total
number of firefighters changes, however the estimated cost for 2016 will be $6950.00 based on
staffing levels of 50 total firefighters.
STAFF RECOMMENDATION
Staff recommends Council authorize the Fire Department to enter in to a contract with Regions
Hospital for medical oversight and education through December 31, 2018.
REQUESTED COUNCIL ACTION
Authorize the Fire Department to enter into a contract extension with Regions Hospital for
medical oversight and education through December 31, 2018.
Prepared by: Timothy O'Neill, Fire Chief
Page 1 of 1
PRE-HOSPITAL MEDICAL DIRECTION SERVICES AGREEMENT
BETWEEN
REGIONS HOSPITAL
AND
THE CITY OF ROSEVILLE
This pre-hospital medical direction services agreement ("Agreement"), effective on January 1,
2016 ("Effective Date"), is between Regions Hospital ("Regions"), a Minnesota nonprofit
corporation, through its Emergency Medical Services Department, and the City of Roseville (the
"City"), through the City of Roseville Fire Department (the "City Fire Department").
RECITALS
WHEREAS, the City operates a fire department which provides Emergency Medical Technician
level first responder services within the City; and
WHEREAS, Regions operates an acute-care hospital in St. Paul, Minnesota, and provides
emergency medical direction, emergency medical education and other associated services to
municipal and private rescue-emergency medical service providers, through Regions'
Emergency Medical Services Program ("Regions EMS Program"); and
WHEREAS, the City maintains and operates a first responder program and desires the
assistance of the Regions EMS Program in the provision of such services; and
WHEREAS, Regions, through the Regions EMS Program, desires to provide the City the
assistance and training specified in this Agreement.
NOW THEREFORE, in consideration of the mutual covenants contained herein and for other
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
set forth above, intending to be legally bound, agree as follows:
ARTICLE 1
Duties of the Parties
1.1 Duties of Re ig'ons.
a. Services. Regions, through the Regions EMS Program, shall provide the City Fire
Department the services specified in Schedule 1.1, which is attached hereto and
incorparated herein by this reference.
b. Medical Director. Regions shall designate a lead pre-hospital medical director
(the "Medical Director") and assistant pre-hospital medical directors ("Assistant
Medical Directors") for the City. (The Medical Director and Assistant Medical
Directors are hereinafter collectively referred to as the "Medical Directors").
The names, duties and obligations of the Medical Director are specified in
Schedule 11 (the "Medical Direction Services"). The Assistant Medical
Directors shall be responsible to assist the Medical Director with some of the
1032762-6
Medical Direction Services specified in this Agreement. Each of the Medical
Directors shall (a) be currently licensed as a physician in the state of Minnesota
(b) be a board certified emergency medicine physician, (c) have experience in,
and knowledge of, emergency care of acutely ill or traumatized patients, and (d)
be familiar with the design and operation of local, regional and state emergency
medical seroices systems.
c. EMS Clinical Supervisor. Regions shall designate one of its employees to serve as
an EMS Clinical Supervisor ("EMS CS") to the City. The EMS CS shall be
responsible to assist the Medical Director with the duties and responsibilities
specified in Schedule 1.1.
1.2 Duties of the Citv. To assist the Regions EMS Program in the discharge of its d�uties
hereunder, the City shall be responsible for performing the duties set forth in Schedule
1.2, which is attached hereto and incorporated herein by this reference.
1.3 Joint Duties. In addition to the duties specified in Sections 1.1 and 1.2 above, Regions
EMS Program and the City shall perform the following:
1.3.1 The parties shall meet at least annually to engage in medical oversight and vision
planning;
1.3.2 The parties shall collaborate on EMS system guideline development and research
specific to the emergency medical services provided by City; and
1.3.3 The parties shall schedule and attend regular meetings with the City's leadership
as mutually agreed upon.
ARTICLE 2
Term and Termination
2.1 Term. This Agreement shall commence on the Effective Date and shall remain in effect
for three (3) years ("Initial Term"). Thereafter, this Agreement shall automatically
renew for successive one-year terms (each a"Renewal Term") unless terminated as
provided herein. For purposes of this Agreement the term "Contract Year" shall mean
each twelve (12) month period beginning on the Effective Date.
2.2 Termination. Subject to the continuing obligations of the parties as set forth in Articles 1,
4,Sand7:
2.2.1 Termination Without Cause. Either party may terminate this Agreement at any
time without cause by providing the other party written notice of termination at
least sixty (60) days prior to the date of termination. Any termination of this
Agreement pursuant to this Section shall be effective only at the end of the then
current Contract Year. Further, no termination pursuant to this Section may be
effective prior to the end of the first Contract Year of this Agreement.
1032762-6
2
2.2.2 Termination With Cause. Either party may terminate this Agreement with cause
upon the default of the other party under any material term of this Agreement and
the defaulting party's failure to cure such default within thirty (30) days after
receipt of written notice specifying the precise nature of the default. Upon the
defaulting party's failure to cure the default within the foregoing thirty-day cure
period, this Agreement shall be deemed terminated without further action.
2.2.3 Termination Upon Chan�e in Law. If any provision of this Agreement is in
conflict with current state or federal laws, regulations or rules, or a subsequent
change in state or federal law, regulations or rules, or judicial interpretation
thereof, the parties mutually agree to amend this Agreement in writing to comply
with the law, regulation, rule or interpretation, or, if the parties are unable to reach
agreement through good faith negotiations within thirty (30) days of becoming
aware of the conflict, either party may terminate this Agreement effective
immediately upon notice in writing to the other party.
2.2.4 Termination Upon Mutual Agreement. The parties may terminate this Agreement
by mutual agreement at any time. Further, no termination pursuant to this Section
2.2.4 may be effective prior to the end of the Initial Term of this Agreement.
2.3 Effect of Termination. The terms and conditions of Article 4, 5, and 7 shall survive the
expiration or termination of this Agreement. In addition, Subsequent to termination of
this Agreement under any provision above, the parties may not enter into a new
agreement for the same or substantially similar services on materially different financial
terms, unless the financial terms in effect at the time of termination were in effect for at
least twelve (12) months prior to termination, or unless the financial terms in effect at the
time of termination are continued such that those terms will remain in effect for a
continuous period of at least twelve (12) months.
ARTICLE 3
Compensation
3.1 Compensation. For Regions' faithful performance of this Agreement, the City shall
compensate Regions pursuant to the provisions set forth in Schedule 3.1 (the
"Compensation"). Any payment rate implemented or offered under this Agreement must
remain in effect for at least a period of 12 months before the payment rate may be
changed pursuant to written agreement of the parties.
3.2 Pa_yment Schedule. The City shall pay the Compensation to Regions within thirty (30)
days of the City's receipt of an invoice from Regions.
33 No Referrals. The Compensation set forth in Schedule 3.1 is consistent with the fair
market value of the services provided hereunder, has been arrived at through arm's length
negotiations between the parties and is consistent with fair market value in arms-length
transactions. Furthermore, the Compensation is not intended to and does not reflect in
any way the level of activity or the volume or value of any referrals or business otherwise
generated for or with respect to Regions or between the parties for which payment may
1032762-6
3
be made in whole or in part under Medicare or any federal or state health care program or
under any other payor program.
ARTICLE 4
Indemnification
4.1 Indemnification. The City shall indemnify, defend, and hold harmless Regions, its
corporate members, subsidiaries, affiliates, and their respective board of directors and
individual directors, officers, employees, agents, successors and assigns from and against
any and all liabilities, claims, damages, causes of actions, lawsuits, judgments, demands,
and expenses, including court costs and reasonable attorneys' fees, resulting from any act
or omission of the City, its agents, employees, contractors, and trainees arising out of this
Agreement. Nothing in the Agreement constitutes a waiver of any limitation of liability
under Minnesota Statutes Chapter 466.
4.2 Re�ions Indemnification. Regions shall indemnify, defend, and hold harmless the City,
its hospital administration, employees, and agents from and against any and all liabilities,
claims, damages, causes of actions, lawsuits, judgments, demands, and expenses,
including court costs and reasonable attorneys' fees, resulting from any act or omission of
Regions EMS Program, its agents, employees, and contractors arising out of this
Agreement. Nothing in the Agreement constitutes a waiver of any limitation of liability
under Minnesota Statutes Chapter 466.
ARTICLE 5
Confidentiality
5.1 Data Practices Act. Regions shall comply with the requirements of the Minnesota
Government Data Practices Act (the "Act") in providing services under this Agreement.
No private or confidential data collected, maintained or used in the course of performance
of this Agreement shall be disseminated, except as authorized or required by the Act
either during the Term of this Agreement or thereafter. Any data supplied to City by
Regions during the Term of this Agreement shall be administered in accordance with the
provisions of the Act regardless of any internal classifications assigned to the data by
Regions. (Federal language referencing HIPPA to be added as determined by attorney)
5.2 Other Confidential Information. During the course of the performance of the services
under this Agreement, the parties may have access to or become acquainted with
confidential information relating to each others' business, including, without limitation,
patient recards, medical information, and/or other information that relates to or identifies
patients. The parties acknowledge and understand the importance of keeping such
information, including the terms and conditions of this Agreement, confidential and agree
to never use, except in performing its duties under this Agreement, or disclose such
information to any third party except as may be required by a court order. If disclosure is
ordered by a court or administrative order, the party subject to the order shall
immediately notify the other party to allow such party the opportunity to make a
reasonable effort to obtain a protective order. Upon the expiration or termination of this
Agreement, the parties shall immediately return to the other party all records or other
1032762-6
4
tangible documents that contain, embody, or disclose, in whole or in part, any
confidential information of the other party. Notwithstanding any term herein the City
shall not be required to keep confidential any material, data, process or other matter
which it is otherwise required to disclose under the provisions of the Minnesota Data
Practices Act as it is currently or may be amended during the term of this Agreement.
5.3 Protected Health Information. Regions may use and/or disclose protected health
information in providing the services under this Agreement. The parties are committed to
complying with the Standards for Privacy of Individually Identifiable Health Information
(the "Privacy Regulation") 45 C.F.R. Parts 160 & 164 under the Health Insurance
Portability and Accountability Act of 1996 ("HIPAA") as it is currently drafted and as it
may be subsequently updated, amended, or revised. The Addendum attached hereto as
Schedule 5.3 is incorporated into this Agreement, and sets forth the terms and conditions
pursuant to which protected health information that is provided by, or created or received
by, Regions from or on behalf of the City will be handled between Regions and the City
and with third parties during the term of this Agreement and after its expiration or
termination.
ARTICLE 6
Notices
6.1 Notices. All notices required or permitted under this Agreement shall be in writing and
shall be delivered personally to a designated agent of the party to whom the notice is
directed, or mailed by overnight mail or registered or certified mail return receipt
requested, postage prepaid, addressed as shown below, or to such other address as the
parties may from time to time provide. Any notice hereunder shall be deemed effective
when personally delivered or when deposited postpaid in a United States mailbox or post
office.
If to the City
Roseville Public Safety
2660 Civic Center Drive
Roseville, MN 55113
Attn.: Fire Chief
Phone: 651-792-7305
Email: tim.oneill�a cityofroseville.com
If to Regions
Regions Hospital
640 Jacicson Street MS: 13801B
St. Paul, MN 55101-2592
Attn.: EMS Director
Phone: 651-254-7745
Email: david.r.waltz(a�healthpartners.com
ARTICLE 7
Relationship of Parties
7.1 Independent Contractor. The City shall neither have nor exercise any control or direction
over the methods or procedures that Regions or any of its employees, agents or
representatives use to perform the services under this Agreement. Regions shall perform
all of its obligations under this Agreement as an independent contractor. The parties agree
that this Agreement is not intended and shall not be construed to create an employer-
employee relationship, partnership, or joint venture between the parties.
1032762-6
5
7.2 No Emplo,yment Relationshi�. The parties acknowledge and agree that because this
Agreement anticipates no employment relationship between the parties no worker's
compensation insurance, unemployment insurance, pension plans, health insurance, life
insurance, or other benefits made available to employees of the City will apply to
Regions or Regions EMS Program.
7.3 No Withholdin�. The City shall not withhold from the amounts it pays Regions any
money for state and federal income taxes, social security taxes, unemployment taxes and
worker's compensation taxes or any other payroll tax. It is Regions' responsibility to
make whatever withholdings from those payments the law requires.
7.4 Indemnification. Regions shall defend, indemnify and hold harmless the City its
Administration, employees, and agents from any loss, liability, claim or expense
(including reasonable attorneys' fees and other expenses of litigation and administrative
proceedings) on account of any claim by any federal, state or local authorities that (a) the
role of Regions under this Agreement is not that of an independent contractor, (b)
Regions is or has acted as the employer or employee of the City, or (c) is liable for any
payroll-related tax or assessment on account of any work performed by Regions.
ARTICLE 8
Miscellaneous Provisions
8.1 Assi i1��. Neither party may assign its rights or delegate or subcontract its duties under
this Agreement, including by a change in ownership, without the prior written consent of
the other party. Any attempted or actual assignment or delegation of this Agreement by
either party in violation of this Section shall be void
8.2 Limitation on Liabilitv. In no event shall either party be liable to the other party for any
indirect, special, incidental, or consequential damages arising out of any breach of this
Agreement. Neither party may bring an action arising out of the performance of this
Agreement more than three (3) years after the cause of action occurred.
8.3 Modification. No amendment, alteration, modification of this Agreement shall be
effective unless set forth in a writing which is signed by an authorized representative of
the parties. Each party acknowledges that it has read this Agreement, understands it, and
agrees to be bound by its terms.
8.4 Waiver. No consent to or waiver (whether expressed or implied) by any party to any
breach or default by the other party in performance of its obligations under this
Agreement shall be deemed or construed to be a consent to or waiver of any other breach
or default in the performance by such other party of the same or any other obligations of
such party hereunder. The failure to act by one party or to declare another party in
default, irrespective of how long such failures continue, shall not constitute a waiver of
such party's rights hereunder.
1032762-6
6
8.5 Severabilitv. The invalidity or unenforceability of any provisions of this Agreement or
the application thereof to any person or circumstances shall not affect or impair the
validity or enforceability of any other provision hereo£ Any provision of this Agreement
that is subsequently determined to be invalid or unenforceable because of contravention
of any applicable law, statute or government regulation shall be deemed to be amended to
the extent necessary to remove the cause of such invalidation or unenforceability, and
such provision, as so amended shall remain in full force and effect.
8.6 Medicare Sanctions or Exclusion. Each party hereby represents and warrants that it is not
and at no time has been sanctioned or excluded from participation in any federally funded
health care programs, including Medicare and Medicaid. Each party shall immediately
notify the other party if it or any of its employees are sanctioned or excluded from any
federally funded health care program, including Medicare and Medicaid, or threatened
with the same. If either party or any of its employees is sanctioned or excluded from
participation in any federally funded health care program during the Term of this
Agreement, or if at any time after the Effective Date it is determined that a party is in
breach of this requirement, this Agreement shall automatically terminate as of the
effective date of such sanction, exclusion or breach.
8.7 Captions. The captions to each section of this Agreement are included for ease and
convenience of reference only and are not to be considered a part hereof, and shall not be
deemed to modify, restrict, or enlarge any of the terms or provisions of this Agreement.
8.8 Recitals. The recitals set forth above are by this reference incorporated in this
Agreement.
8.9 No Third Party Beneficiaries. Nothing in this Agreement is intended to create or creates
any enforceable legal rights for third-party beneficiaries or individuals or entities other
than the parties hereto.
8.10 Construction of Words. Where the context requires, the gender of all words used herein
shall include the masculine, feminine and neuter, and the number of all words shall
include the singular and plural.
8.11 No Inference. This Agreement is being entered into among competent and experienced
business persons and the terms and provisions of this Agreement shall be construed fairly
as to the parties hereto and not in favor of or against either party, regardless of which
party was generally responsible for the preparation of this Agreement.
8.12 Execution and Counterparts. This Agreement and any amendments hereto may be
executed by any form of signature allowed by law and in multiple counterparts. Each
counterpart shall be deemed an original, and all counterparts together shall constitute one
and the same instrument.
8.13 Entire Agreement. This Agreement shall constitute the entire agreement and
understanding between the parties, and supersedes all priar oral or written agreements,
proposals, promises, and representations of the parties regarding the subject matter
1032762-6
7
hereo£ No representation or promises hereafter made shall be binding upon either party,
unless in writing and signed by the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first
stated above.
THE CITY OF ROSEVILLE REGIONS HOSPITAL
By:
Dan Roe
Its: Mayor
By:
Pat Trudgeon
Its: City Manager
1032762-6
I�
Michael McAvoy
Its: Vice President Operations
SCHEDULE 1.1
SERVICES
Regions shall assign the following individuals to serve as the Medical Director and Assistant
Medical Directors:
Regions, through the Regions EMS Program, sball provide the following services:
.
Medical Direction
1 Prescribe patient care guidelines under which the provider's EMS personnel treat, based on
communit standards and sound medical ractice. Re ularl reviewed and u dated as necessar .
2 Review and approve in writing all BLS patient care guidelines that will be used by EMS
ersonnel delivering atient care, including BLS skills variances.
3 Establish, participate in, and ensure the continuing implementation of a quality assurance
ro ram as art of a atient care im rovement rocess.
4 Maintain liaison with the medical community, including hospitals, emergency departments,
urgent care clinics, hysicians, nurses, and other healthcare roviders.
5 Maintain liaison with Chief Officer Staff throu h re ular communication.
6 Work with regional, state and local EMS authorities to ensure that standards, needs and
re uirements are met and resource utilization is o timized.
7 Approve, direct, and assist in providing training activities that assure EMS personnel are
com etent to rovide safe and efficient atient care, includin BLS skills verification
8 Maintain awareness of disaster re aredness activities within the Metro Re ion.
9 Provide a cooperative partnership on supply chain management and purchasing of inedical
supplies and pharmaceuticals
Continuin Medical Education — EMT Modular Refresher
1 Provide 12 hours/year of EMT refresher curriculum to cover required MN EMT Refresher
material.
2 Provide a 25% discount from standard Regions EMS rate based on Roseville FD providing
instructors for materials
3 Provide Regions EMS instructor updates each quarter to be attended by at least one member of
the Roseville Fire De artment
4 Provide one biannual skills evaluation cooperatively instructed by Regions EMS and Roseville
FD instructors with medical director oversi ht
5 Provide 24 hours of content every two years above and beyond required MN EMT Refresher to
include content developed by Regions EMS in consultation with Roseville Fire Department
Material will be created b Re ions EMS for instruction b Roseville Fire staff
6 Provide Regions EMS instructors to assist in instruction at additional cost if so desired by the
Roseville Fire De artment.
7 Regions EMS will worlc with the City to provide additional EMS Certification Courses and EMS
services upon request.
1032762-6
.
Additional Services - Su 1 Chain Services
] Pharmaceutical Supplies:
a. Provide a source for obtainin authorized harmaceuticals for the City Fire De artment.
2 Medical Supplies:
a. Provide a source for obtaining medical supplies.
b. Provide consultation on su ly-related uestions or su ply storage o tions.
(End of Schedule 1.1)
1032762-6
10
SCHEDULE 1.2
DUTIES AND RESPONSIBILITIES OF THE CITY
The City shall provide the following:
L Continuous Quality Improvement:
1. Assure that all City personnel meet CME requirements, including, CPR, run
report sessions, infection control, advanced skills recertification, CME, annual
guideline evaluation, and driving.
2. Collect, collate and report required CQI data points (outlined by Regions Hospital
EMS Medical Direction) to the Medical Director on a monthly basis.
3. Implement the medical protocols and guidelines approved by the medical director.
4. Report all proposals for the purchase of patient care equipment to the Medical
Director for evaluation and approval.
5. Provide the Medical Director access to copies of ambulance run reports for
evaluation and review.
II. Continuing Medical Education:
L Maintain a current roster, training records, data collection forms, etc., on each
Public Safety employee providing education or patient care.
2. Assure that all personnel meet continuing medical education requirements as
established by applicable regulatory agencies.
3. Assist in maintaining Emergency Medical Services Regulatory Board EMS
mandated continuing education records.
4. Annual refresher training in emergency driving is recommended.
5. Notify the Medical Director of situations involving potential need for Critical
Incident Stress Debriefing, CISD.
6. Document annual continuing education on blood borne and airborne pathogens
training for all City employees who may come into contact with patient care
areas.
7. Document annual Right-to-Know training.
8. Document quarterly continuing education on airway management.
9. Document quarterly continuing education on intravenous therapy.
1032762-6
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IIL Medical Direction and Medical Advisory Committee:
1. Provide a tool to customers (patients) for determining customer satisfaction and
report results to the Medical Director.
2. Consult with the Medical Director on anticipated changes in patient care, new
equipment and service upgrades.
3. Advise the Medical Director in a timely manner of any:
a. complaint received concerning the delivery of care by the City.
b. medication or procedure (e.g., intubation) errors that occur.
c. equipment, vehicle, or communication failures that impacts patient care.
d. vehicle accidents that occur while responding to, on scene, or in route with
a patient (in the vehicle) to a receiving facility, regardless of damage; such
notice to be provided within 24 hours of the accident.
e. City personnel gross deviation from standards of care, loss of licensure,
deviation from applicable codes, ethical rules or applicable laws; such
notice to be provided immediately.
4. Allow the Medical Director the opportunity to interview City clinical candidates
for employment and offer input regarding that selection.
5. Designate an individual to be accessible to the EMS CS as needed.
6. Consult with the Medical Director on crew configuration and deployment
changes.
7. Maintain the following documentation and records for each City personnel that
may come into contact with patient care areas:
a. Immunizations and screenings for Hepatitis B, Tetanus (every 10 years),
Influenza (optional), and Mantoux (annually). Documentation must
include refusal forms, if applicable;
b. HEPA or N95 respirator fit-testing;
c. Other licensing requirement documentation as required by Minnesota law;
d. Background checks;
e. Initial emergency driving training; and
£ Annual practical skills proficiency statement for each individual.
(End of Schedule 1.2)
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SCHEDULE 3.1
COMPENSATION
First Year Base Price: $2,000*
. � � �
Medical Direction
1 Prescribe patient care guidelines under which the Included in Base Price
provider's EMS personnel treat, based on community
standards and sound medical practice. Regularly
reviewed and u dated as necessar .
2 Review and approve in writing all BLS patient care Included in Base Price
guidelines that will be used by EMS personnel
delivering patient care, including BLS skills
variances.
3 Establish, participate in, and ensure the continuing Included in Base Price
implementarion of a qualiry assurance program as part
of a atient care im rovement rocess.
4 Maintain liaison with the medical community, Included in Base Price
including hospitals, emergency departments, urgent
care clinics, physicians, nurses, and other healthcare
roviders.
5 Maintain liaison with Chief Offcer Staff through Included in Base Price
regular communication.
6 Work with regional, state and local EMS authorities to Included in Base Price
ensure that standards, needs and requirements are met
and resource utilization is o timized.
7 Approve, direct, and assist in providing training Included in Base Price
activities that assure EMS personnel are competent to
provide safe and efficient patient care, including BLS
skills verification
8 Maintain awareness of disaster preparedness activities Included in Base Price
within the Metro Re ion.
9 Provide a cooperative partnership on supply chain Included in Base Price
management and purchasing of inedical supplies and
phannaceuticals
Continuin Medical Education
1 Provide 12 hours/year of EMT refresher curriculum to $75/student/year
cover re uired MN EMT Refresher materiaL (based on roster at start of 2 year
2 Provide a 25% discount from standard Regions EMS recertification period)
rate based on Roseville FD providing
instructors for materials
3 Provide Regions EMS instructor updates each quarter
to be attended by at least one member of
the Roseville Fire De artment
4 Provide one biannual skills evaluation cooperatively
instructed by Regions EMS and Roseville FD
instructors with medical director oversight
1032762-6
13
. � � �
5 Provide 24 hours of content every two years above $1,200/Year
and beyond required MN EMT Refresher to include
content developed by Regions EMS in consultation
with Roseville Fire Department
Material will be created by Regions EMS for
instruction by Roseville Fire staff
6 Provide Regions EMS instructors to assist in $50.00/hour/instructor
instruction at additional cost if so desired by the
Roseville Fire De artment.
Other Established Courses available for City Fire Pricing (per student): Pricing for
Department personnel upon request. established courses for Medical Direction
affiliated students is set forth in the
Regions EMS Annual Course Guide fee
schedule.
Customized Educational Opportunities Pricing is based on level of service
re uested by the City
Additional Services — Medical and Pharmaceutical Supply
1 Pharmaceutical Supplies: At Regions' actual acquisition cost
a. Provide authorized pharmaceuticals for the
Cit Fire De artment.
2 Medical Supplies: At Regions' actual acquisition cost.
a. Provide a source for obtaining medical
supplies. Supply related consultation is included in
Base Price.
b. Provide consultation on supply-related
uestions or sup ly storage o tions.
*Annual Base Price Increase. The Base Price payable by the City to Regions for each Renewal
Term shall be the annual Base Price for the previous Contract Year plus an increase equal to the
Consumer Price Index for all urban consumers, U.S. City average, other services published by
the Bureau of Labor Statistics of the Department of Labor, seasonally adjusted over twelve
months prior to January of each contract year.
(End of Schedule 3.1)
1032762-6
14
SCHEDULE 5.3
BUSINESS ASSOCIATE ADDENDUM
This Business Associate Addendum (`BAA") is incorporated into and is an integral part of the
Pre-Hospital Medical Direction Services Agreement between the City of Roseville ("Covered
Entity") and Regions Hospital dated January 1, 2016 (`Business Associate") ("Underlying
Agreement") and has the same Effective Date as the Underlying Agreement. This BAA
establishes the required, permitted, and prohibited Uses and Disclosures of Protected Health
Information by Business Associate in connection with the Underlying Agreement and sets forth
other expectations of the parties.
Business Associate and Covered Entity are committed to complying with applicable law with
regard to Protected Health Information received, created, maintained, used, transmitted, or
disclosed to or by Business Associate in connection with the Underlying Agreement. These laws
include, but are not limited to the Privacy Regulation and the Security Regulation promulgated
under the Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA").
1. DEFINITIONS.
In general. Except as modified by this BAA, each capitalized term in this BAA has the meaning
of that term as set forth in 45 C.F.R. Parts 160, 162 and 164. For purposes of this BAA, the
following terms have the meaning given:
1.1. "Privacy Regulation" ineans 45 C.F.R. Parts 160 and 164, subparts A, D, and E.
1.2. "Protected Health Information" or "PHI" has the meaning set forth in
45 C.F.R. § 160.103, but limited to information Used, Disclosed, received, created,
maintained, or transmitted by Business Associate on behalf of Covered Entity pursuant
to the Underlying Agreement.
1.3. "Regulations" means the Privacy Regulation and the Security Regulation.
1.4. "Secretary" means the Secretary of the United States Department of Health and Human
Services.
1.5. "Security Regulation" means 45 C.F.R. Parts 160 and 164, subparts A and C.
1.6. "Services" means the services Business Associate performs for Covered Entity pursuant
to the Underlying Agreement.
1.7. "Subcontractor" means a person or entity to whom Business Associate delegates a
function, activity, or service under the Underlying Agreement ar this BAA that involves
PHI in any manner, other than delegation to a member of Business Associate's
Workforce,
1.8. "Unsecured Protected Health Information" or "Unsecured PHI" means PHI that is
not rendered unusable, unreadable, or indecipherable to unauthorized individuals
through the use of a technology or methodology specified in guidance issued in
accordance with 45 C.F.R. § 164.402.
1032762-6
E
2. PERMITTED USES AND DISCLOSURES OF
PROTECTED HEALTH INFORMATION
2.1. Performance of Services. Except as otherwise expressly permitted in this BAA,
Business Associate may create, maintain, Use, transmit, and Disclose PHI only to the
extent necessary to perform Services for or on behalf of Covered Entity. Except for the
Uses and Disclosures in Section 2.2 and 2.3, Business Associate may not Use or Disclose
PHI in a manner that would violate the Privacy Regulation if done by the Covered Entity.
2.2. Other Permitted Uses and Disclosures. In addition to the Uses and Disclosures
permitted by section 2.1, unless otherwise limited by this BAA, the Business Associate
may Use and Disclose PHI as follows, but only if the Use or Disclosure is permitted
under applicable law:
2.2.1. Use for management of Business Associate's business and to meet legal
responsibilities. Business Associate may Use PHI for the proper management
and administration of the Business Associate's business, or to fulfill the Business
Associate's present or future legal responsibilities.
2.2.2. Disclosure for management of Business Associate's business and to meet legal
responsibilities. Business Associate may Disclose PHI for the proper
management and administration of the Business Associate's business, ar to fulfill
the Business Associate's present or future legal responsibilities, but only if
(a) the Disclosure is Required by Law, or
(b) Business Associate
1. obtains reasonable assurances from the person to whom the PHI is
disclosed that the PHI will remain confidential and used or further
disclosed only as Required by Law or for the purposes for which it was
disclosed to the person, and
2. the person notifies Business Associate of any instances of which it is
aware in which the confidentiality of the PHI has been breached.
2.3. Data aggregation. At Covered Entity's request or with Covered Entity's consent,
Business Associate may aggregate the PHI in its possession with the protected health
information of other covered entities that Business Associate has in its possession
through its capacity as a business associate to those other covered entities, but only if the
purpose of the aggregation is to provide Covered Entity with data analyses relating to the
Covered Entity's Health Care Operations.
2.4. Subcontractors. If Business Associate delegates one or more of its functions or activities
under the Underlying Agreement to a Subcontractor, Business Associate may Disclose
PHI to the Subcontractor, and Subcontractor may create, receive, maintain, transmit, Use
or Disclose PHI on behalf of Business Associate, but only as follows:
2.4.1. Content of Subcontractor BAA. Business Associate and Subcontractor must
have a written business associate agreement that complies with
45 C.F.R. § 164.504(e), and with 45 C.F.R. § 164.314(a) as applicable. In
addition, the business associate agreement:
1032762-6
16
(a) Must impose the same or greater restrictions, requirements and conditions
with respect to PHI as this BAA imposes on Business Associate; and
(b) Must require, with respect to Electronic PHI, that Subcontractor comply
with the applicable requirements of the Security Regulation.
2.4.2. Response required in case of Subcontractor breach. If Business Associate
knows of a pattern of activity or practice of its Subcontractor that is a material
breach or violation of its business associate agreement with Subcontractor,
Business Associate must take reasonable steps to cure the breach or end the
violation, and if not successful, must terminate the contract with Subcontractor, if
feasible.
2.5. As Required by Law. Business Associate may Use or Disclose PHI as Required by Law,
including but not limited to Business Associate's obligation to disclose PHI to Secretary
when requested for investigation or determination of Business Associate's compliance
with the Regulations.
2.6. Minimum necessary. Any Use or Disclosure of, or request for, PHI by Business
Associate must comply with the "minimum necessary" standard in
45 C.F.R. § 164.502(b).
2.7. De-identification of PHL Business Associate may create De-identified Information from
PHI.
2.8. Other Uses and Disclosures Prohibited. Any Use or Disclosure of PHI by the Business
Associate not expressly permitted or required by this BAA is prohibited.
3. RESPONSIBILITIES OF THE PARTIES WITH RESPECT TO
PROTECTED HEALTH INFORMATION
3.1. Responsibilities of Business Associate. The Business Associate has the following
responsibilities with regard to its creation, receipt, maintenance, Use, transmission or
Disclosure of PHI:
3.1.1. Establish and use safeguards. Business Associate must
(a) Establish and use appropriate safeguards to prevent the Use or Disclosure of
PHI in any manner or for any purpose not permitted by this BAA; and
(b) With regard to Electronic PHI, comply with the applicable provisions of the
Security Regulation.
3.1.2. Mitigate harm. Business Associate must establish and follow procedures for
mitigating harmful effects of Uses or Disclosures of PHI not permitted by the
Regulations or this BAA.
3.1.3. Access and inspection by the Secretary. Business Associate must make
available upon request all of its internal practices, records, books, agreements,
policies and procedures relating to the Use or Disclosure of PHI to the Secretary
for purpose of determining Covered Entity's compliance with the Regulations.
1032762-6
17
3.1.4. Designated Record Set. If Business Associate maintains PHI in a Designated
Record Set:
(a) Access Request. Business Associate will provide PHI in a Designated
Record Set to Covered Entity in order for Covered Entity to meet its
obligations under 45 C.F.R. § 164.524.
(b) Requests to Amend Designated Record Set. Business Associate will, upon
written request from Covered Entity, amend PHI in a Designated Record
Set, in order for Covered Entity to meet its obligations under
45 C.F.R. § 164.526.
3.1.5. Accounting for Disclosures. If Business Associate Discloses PHI that the
Covered Entity must account for to an Individual under 45 C.F.R. § 164.528,
Business Associate must document and keep sufficient records of each Disclosure
so that Covered Entity can provide the required accounting. In arder far Covered
Entity to meet its obligations under 45 C.F.R. § 164.528, Business Associate will
provide the documentation to Covered Entity upon written request.
3.1.6. Reporting to Covered Entity. Except as provided in (b), Business Associate
must report in writing to Covered Entity any Use or Disclosure of PHI not
permitted or required by this BAA and any Security Incident involving Covered
Entity's Electronic PHI, of which Business Associate becomes aware.
(a) Business Associate will provide any and all information reasonably
requested by Covered Entity with regard to any unauthorized Use,
Disclosure, or Security Incident. This Section 3.1.6 applies in addition to,
and whether or not there is a Breach of Unsecured PHI, as provided in
Section 3.1.7.
(b) An attempt by a third party to probe or test the vulnerability of Business
Associate's information system or to interfere with that system that does
not result in penetration of the firewall or perimeter security measures of
Business Associate's system is not considered a"Security Incident" far
purposes of Business Associate's reporting obligations under this BAA.
3.1.7. Notification of Breach of Unsecured PHI. Business Associate must provide
written notice to the Covered Entity of any Breach of Unsecured PHI by Business
Associate or Subcontractor ("BA Breach"), within 30 days of Business
Associate's discovery of the BA Breach, or earlier if required by law. Each party
agrees to cooperate with the other party's investigation of a Breach of Unsecured
PHI, and each party bears the costs of its own investigation.
3.1.8. Performance by Business Associate of Covered Entity Obligation. To the
extent Business Associate is carrying out an obligation of Covered Entity under
the Privacy Regulation, Business Associate will comply with the requirements of
the Privacy Regulation that would be applicable to Covered Entity in performance
of that obligation.
1032762-6
18
3.2. Responsibilities of Covered Entity.
3.2.1. Special Restrictions. Covered Entity must notify Business Associate in a timely
manner of any arrangements the Covered Entity permits or requires that may
affect the permitted Uses or Disclosures of PHI by Business Associate under this
BAA.
3.2.2. Requests by Covered Entity. Covered Entity must not ask Business Associate to
Use or Disclose PHI (including Disclosures to Covered Entity) in any manner that
would not be permissible under the Privacy Regulation if done by Covered Entity,
except as expressly permitted by the Regulations.
4. TERM AND TERMINATION
4. L Term. This BAA has the same term as the Underlying Agreement, but may be terminated
earlier as provided in Section 4.2. Certain provisions and requirements of this BAA
survive the termination of the Underlying Agreement in accordance with Section 61.
4.2. Termination by Covered Entity for material breach. Notwithstanding anything to the
contrary in the Underlying Agreement, and in addition to any termination provisions in
the Underlying Agreement, Covered Entity may immediately terminate this BAA and
the Underlying Agreement, if Covered Entity determines that Business Associate has
breached a material term of this BAA. Alternatively, in its sole discretion and without
waiving its power to terminate immediately, Covered Entity may:
4.2.1. Provide Business Associate with written notice of the material breach and give
Business Associate an opportunity to cure the breach to Covered Entity's
satisfaction within a time period specified in the notice; and
4.2.2. If the material breach is not cured to the reasonable satisfaction of the Covered
Entity within the time specified in the written notice of the breach, Covered Entity
may immediately terminate this BAA and Underlying Agreement by providing
written notice of termination to the Business Associate.
4.3. Protection of PHI after termination. Pursuant to 45 C.F.R. § 164.504(e)(2)(�, when
this BAA terminates, the following applies to all PHI that the Business Associate
received from, created, or received on behalf of, Covered Entity.
4.3.1. Return or destroy PHI. Following the termination of this BAA, Business
Associate must return or destroy all PHI, as follows:
(a) Return PHI to Covered Entity and retain no copies; and/or
(b) Securely destroy PHI in its possession.
4.3.2. If not feasible to return or destroy. If it is not feasible for Business Associate to
return or destroy PHI as provided in 4.3.1, Business Associate must, following the
termination of this BAA, give Covered Entity written notice stating the following:
(a) That Business Associate has determined that it is not feasible to return or
destroy the PHI in its possession;
(b) The specific reasons for making this determination; and
1032762-6
19
(c) That Business Associate will (1) extend all the protections, limitations and
restrictions contained in this BAA to PHI retained after the termination of
this BAA, and (2) limit any further Use and Disclosure of PHI to the
purposes that make the return or destruction of the PHI infeasible.
5. MISCELLANEOUS
5.1. SurvivaL The respective rights and obligations of Business Associate and Covered Entity
under Section 2, Section 3 and Section 4.3 solely with respect to PHI Business
Associate retains in accordance with Section 4.3 survive termination of this BAA.
5.2. Amendment. Except as provided in Section 5.2.1, this BAA may be amended only by a
writing signed by the parties.
5.2.1. Automatic amendment due to change in law. This BAA will be deemed
automatically amended to the extent necessary for the parties to comply with a
change in applicable law. For purposes of this paragraph, a"change in applicable
law" means a change in statute, regulation, rule, or interpretation or application of
law by an authoritative judicial or administrative body.
5.3. Non-Waiver. The rights and remedies of the parties are cumulative and not alternative.
Neither the failure nor any delay by any party in exercising any right under this BAA or
the documents referred to in this BAA shall operate as a waiver of such right, and no
single or partial exercise of any such right shall preclude any other or further exercise of
such right or the exercise of any other right.
5.4
5.5.
No Third Party Beneficiary. This BAA confers no enforceable legal right or remedy on
any individual or entity other than the parties, unless otherwise expressly provided.
Notices. Any notice or other communication required or permitted by this BAA must be
in writing. A notice will be deemed given or delivered at the earliest of the following:
(a) When the notice is actually delivered to the intended recipient;
(b) When deposited in the United States mail, certified or registered, return receipt
requested, postage prepaid and properly addressed, or when deposited with a
recognized overnight courier for next day delivery, charges prepaid and properly
addressed, or
(c) If given by facsimile, upon evidence that the facsimile was received, if promptly
followed by delivery under section 5.5(b).
Notice is valid if addressed to the intended recipient as follows, as appropriate:
If to Business Associate, to:
Regions Hospital
Attn: EMS Director
640 Jackson Street
St. Paul, MN 55101
Phone: 651-254-7�45
Email: david.r.waltz(c�r�,health�artners.com
1032762-6
20
If to Covered Entity, to:
The City of Roseville
Attn: Fire Chief
2660 Civic Center Drive
Roseville, MN 55113
Phone: 651-792-7305
Email: tim.oneill(a�cityofroseville.com
With a copy to:
HealthPartners General Counsel
P.O. Box 1309
Minneapolis MN 55440-1309
A party may change its address and that of its representative(s) for notice by giving
notice as provided in this section.
5.6. Interpretation. Any ambiguity in this BAA shall be resolved in favor of a meaning that
permits each party to comply with applicable law.
5.7. Governing documents. If a conflict arises between any term or provision of this BAA
and the Underlying Agreement, this BAA controls to the extent that the conflict relates to
or arises from the Use or Disclosure of PHI or Individual rights regarding PHI. The
Underlying Agreement controls all other conflicts.
5.8. Governing law, jurisdiction and venue. This BAA is governed by and interpreted under
Minnesota law. Any lawsuit arising between the parties directly or indirectly out of this
BAA must be brought in a court of competent jurisdiction located in the State of
Minnesota.
5.9. Severability. This BAA must be interpreted in a way that if any provision is held invalid,
the rest of the BAA shall remain in full effect, unless the invalid provision would
materially alter a party's interests or materially affect its ability to perform under the
Agreement.
510. Legal Compliance. The parties must perform their respective duties and obligations
under this BAA in compliance with all applicable state or federal law.
5.10.1. Any reference to a statute in this BAA shall be deemed to include its
implementing regulations.
5.10.2. Any reference to a statute or regulation in this BAA means that statute or
regulation as amended or supplemented and any corresponding provisions of
successor statutes or regulations, unless context requires otherwise.
5.1 L Interpretation of "includes" or "including". The words "includes" or "including" in
this BAA means "including but not limited to."
512. Assignment. Business Associate may assign this BAA to one of its affiliates or related
entities upon notice to Covered Entity. If the BAA is appropriately assigned, the BAA
will bind the parties and their successors and assigns.
5.13. Limitation of Liability. Neither party shall be liable to the other party for any incidental,
consequential, special, or punitive damages of any kind or nature, whether such liability
is asserted on the basis of contract, tort (including negligence or strict liability), or
otherwise, even if the other party has been advised of the possibility of such loss or
damages.
5.14. Signatures and Counterparts. This BAA may be executed by any form of signature
authorized by law. Each counterpart shall be deemed an original copy of the BAA and,
when taken together, shall be deemed to constitute one and the same agreement.
1032762-6
21
AGREED TO BY:
REGIONS HOSPITAL THE CITY OF ROSEVILLE
Signature
Name printed
Title
Date
Signature
Name printed
Title
Date
Signature
Name printed
Title
Date
[END OF BUSINESS ASSOCIATE ADDENDUM]
1032762-6
22
���
�
REQUEST FOR COUNCIL ACTION
Department A proval
Y- � �
I� �
Item Description: TIF District 13 Decertification
BACKGROUND
Date: Nov. 30, 2015
Item No.: 8.h
City Manager Approval
On Apri126, 1993, the City Council began the process to create Tax Increment Financing (TIF)
District 13. TIF District 13 is now best known as the property directly south of the University of
Northwestern Campus. It runs along both sides of Lincoln Drive from Lydia Avenue and stops
just short of County Road C2.
At the time the district was created, the area was a site known as "Paul's Place" (Attachment A).
80% of the buildings in place were considered to be structurally substandard. ln 1993, the
County Assessor's Estimated Market Value for the TIF District was $1,285,800.
The creation of TIF District 13 resulted in redevelopments such as the Eaglecrest Senior Housing
development and the former Country Inn and Suites (now part of the University of
Northwestern). In 2015, the County Assessor's office Estimated Market Value for the properties
in the TIF District is over $30 million.
On June 22, 2015, City staff presented the City Council with an overview of the status of the
City's TIF Districts. One issue that was raised was that TIF District 13 needed to be decertified
and excess funds redistributed to the relevant taxing bodies (City, County, School District, etc.)
Approval of the attached resolution will begin the decertification process.
POLICY OBJECTIVE
This action will be one of the final steps to conclude this redevelopment effort initiated in 1993.
BUDGET IMPLICATIONS
The decertification process will add the increased valuation from the redevelopment of this area
to the City's overall taxable market valuation. This will increase the property taxes that enter the
City's General Fund from this area and thereby reduce the property tax burden across the City.
STAFF RECOMMENDATION
Staff recommends the approval of the attached resolution (Attachment B) approving the
decertification of TIF District 13.
REQUESTED COUNCIL ACTION
Offer a motion to approve the attached Resolution approving the decertification of TIF District
13 and performance of the actions necessary to meet the City's obligations identified in the
Resolution.
Page 1 of 2
Prepared by: Paul Bilotta, Community Development Director, Paul.Bilotta@CityofRoseville.com
Attachments: A: Aerial of TIF District 13 (before redevelopment)
B: Resolution
Page 2 of 2
��'
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Attachment B
Member introduced the following resolution, the reading
of which was dispensed with by unanimous consent, and moved its adoption:
CITY OF ROSEVILLE
RAMSEY COUNTY
STATE OF MINNESOTA
RESOLUTION NO.
A RESOLUTION RELATING TO THE TERMINATION OF
TAX 1NCREMENT DISTRICT NO. 13 AND DIRECTING
DECERTIFICATION THEREOF BY THE COUNTY AUDITOR
15 WHEREAS, by adoption of a resolution on April 26, 1993 the City of Roseville,
16 Minnesota (the "City") has heretofore created Tax Increment Financing District No. 13 (the
17 "District"), and has approved a Tax Increment Financing Plan (the "TIF Plan") , for the district;
18 and
19 WHEREAS, the County Auditor of Ramsey County has certified the ariginal net tax
20 capacity and the original local tax rate of the District pursuant to the provisions of Minnesota
21 Statutes, Section 469.177; and
22 WHEREAS, as of the date hereof, the projects have been completed, all obligations to
23 which tax increment from the District has been pledged have been paid in full or defeased, and
24 the City has determined that it is in the best interests of the City to terminate and decertify the
25 District.
26
27
28
29
30
31
32
33
NOW, THEREFORE, BE IT RESOLVED by the City of Roseville, Minnesota that:
(1) Tax Increment Financing District No. 13 is hereby terminated as of December 31,
2015.
(2) The Clerk shall provide a certified copy of this resolution to the County Auditor of
Ramsey County so that the District may be decertified on the books and records of
the County Auditor with no further tax increment from the District being remitted to
the City.
Attachment B
34 Whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor
35 and attested to by the City Clerk.
36
37
38 Dated: November 30, 2015
39
40
41
42
43
44 ATTEST:
45
46
47 , City Clerk
-2-
APPROVED:
0
���
�
REQUEST FOR CITY COUNCIL ACTION
Agenda Date: 11/30/2015
Agenda Item: 8.i
City Manager Approval
Item Description: Request by Zawadski Homes and Adele Kaufman for approval of a Minor
Subdivision to consolidate and recombine the properties addressed as 375
and 365 South Owasso Boulevard (PF15-021)
The action deadline for this request, mandated by Minn. Stat. 15.99, is January 5, 2016.
GENERAL SITE INFORMATION
Applicant:
Location:
Zawadski Homes
375 South Owasso Boulevard
Property Owner: Adele Kaufman
Land Use Context
Existing Land Use Guiding
Site �e-fainily residential, detached LR
North One-family residential, detached LR
West Lake Owasso
East One-family residential, detached
South One-family residential, detached
f�7
LR
Zoning
LDR-1
LDR-1
LDR-1
LDR-1
Natural Characteristics: The site is located in a shoreland or wetland management area.
Planning File History: Lot Size variance approved by Variance Board on November 4, 2015.
LEVEL OF CITY DISCRETION IN DECISION-MAKING
Action taken on a variance request is quasi-judicial; the
City's role is to determine the facts associated with the
request, and weigh those facts against the legal standards
contained in State Statute and City Code.
��. �--
4
-�\�' �u�"t�it'�i:�YYC` ..
Q f Jl
��`�: Conditional Use �9y�, �
.;=��� Subdivision `�J �.
v,`'�S`��'�'`� Zoning/5ubdivision 'o
� p Ordinance �i'. �
�C , yv9� �f�.. �n
(�`r'� >'.•,
�,� Comprehensive Plan
PF15-021 RCA MSB 113015.doc
Page 1 of 3
1 DETAILED PROPOSAL AND ZONING ANALYSIS
2 Zawadski Homes is completing the home at 365 South Owasso Boulevard for Ms. Adele
s Kaufman, and during the construction of that home the property at 375 South Owasso Boulevard
4 came on the market. Zawadski Homes and Ms. Kaufman met with the City Planner to discuss
5 ideas regarding increasing the size of the parcel at 365 South Owasso Boulevard and minor
6 subdivision options for the property. The existing property, addressed as 375 South Owasso
7 Boulevard, includes Lots 10, 9, and the west 30 feet (more ar less) of Lot 8, Block 3, Lake
� Owasso Villas, originally platted in 1918. Lots 9 and 10 are considered platted lots of record
9 because they have not been altered and thus can be developed separately. The remainder of Lot
�0 8 would need to be combined with an adjacent parcel as it has previously been altered.
11 In May 1959, Lots 8, 9 and 10 became legal non-conforming lots when the Zoning Ordinance
�2 created minimum lot standards of 85 feet of width, 110 feet of depth, and 11,000 square feet of
� 3 size. In 1974, the City adopted shoreland, wetland, and storm water management requirements
� a� which created additional legal non-conformities on these lots with a required 100-foot minimum
�� width and an overall lot size of 12,500 sq. ft.
�6 Ms. Kaufman, after considering her options, has decided to seek a larger parcel, which will also
�� preserve the existing boathouse located on Lot 9 by completing a lot line adjustment whereby
� 8 Lot 10 increases in width and size and the remainder of the property is incorporated into her
� 9 existing parcel at 365 West Owasso.
20 REVIEW OF PROPOSED MINOR SUBDIVISION
2� City Code § 1104.04B (Recombination) allows the transfer of property from one parcel to an
22 abutting parcel upon the approval of the City Council; no public hearing is required because the
23 proposal does not cause any nonconforming condition on the properties involved and § 1104.04C
24� (Consolidation) allows the owner of multiple, contiguous parcels to combine them into a single
25 parcel with the administrative approval of the Community Development Director and City
26 Manager. Since this application involves both xEcolvtBrtvaTloN and coNsoLi�aTroN, Planning
2� Division staff believes that the higher-lever review process requiring City Council approval is
2s most appropriate.
29 The proposed xEcoMBrtvATloN would shift the lot boundary of Lot 10, Block 1, Lake Owasso
3o Villas, north, to become the new developable parcel and line separating the recombination for
3� the consolidated lots, while the proposed coNsoL[DAT[oN would essentially combine the
32 remainder of Lot 9 with Lot 8 and Lot 7(365 South Owasso), Block 1, Lake Owasso Villas,
3s creates the larger parcel for Ms. Kaufman. This proposal is illustrated on the survey as
sa� Attachment C. Since the coNsoLr�aTroN and xEco�vrBrtvaTroN does not create any new lots
35 (takes 4 existing platted lots of recard and creates 2 parcels) and the new or revised parcel does
3s not exceed the 1 acre standard, no park dedication is required per the City Code.
s� The development of Parcel "A" with a single family home must adhere to all of the applicable
38 zoning standards.
3g Roseville's Development Review Committee (DRC) met on October 15, 2015, to discuss this
4o application and indicated that the proposal was a much better option than the existing scenario
4� where the property owner currently could develop the two 37+ foot lots of record with single
42 family homes.
PF15-021 RCA MSB 113015.doc
Page 2 of 3
43 PUBLIC COMMENT
4� At the time this report was prepared, Planning Division staff has not received any
4=� communications from the public about the variance request.
4� As required by Chapter 1017, The Planning Division mailed notice on October 20, 2015, to the
��? Department of Natural Resources (DNR). At this time no comments have been received.
4£3 RECOMMENDED ACTION
4� By Motion, approve the Consolidation per § 1104.04C and the Recombination per § 1104.04B of
5� the City Code for 365 and 375 South Owasso Boulevard to consolidate Lots or portions thereof
��i of Lots 7, 8, and 7, Block 1, Lake Owasso Villas into Parcel "A" and to allow the lot line of Lot
Jz 7, Block l, Lake Owasso Villas to shift north creating a 75-foot-wide residential parcel of land,
�3 based on the comments and findings outlined in this report, subject to the following conditions:
�a a. Recording of the appropriate documentation creating Parcel "A" and "B" as detailed the
5� City Council RCA dated, 11 /30/15.
56 ALTERNATIVE ACTIONS
5� Pass a motion to table for future action. Tabling beyond January 5, 2016, will require an
5� extension of the 60-day action deadline established in Minn. Stat. § 15.99
�a Adopt a resolution to deny the requested approval. Denial should be supported by specific
6� findings of fact based on the Variance Board's review of the application, applicable zoning or
6� subdivision regulations, and the public record.
Prepared by: City Planner Thomas Paschke - 651-792-7074 � thomas.paschke@ci.roseville.mn.us
Attachments: A: Area map C: Proposed survey
B: Aerial photo D: Existing lots of record
PF15-021 RCA MSB 113015.doc
Page 3 of 3
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80
LEGEND
O DENOTES IRON MONUMENT SET, MARKED RLS# 41578
UNLESS OTHERWISE SHOWN
• DENOTES IRON MONUMENT FOUND AS LABELED
Oc DENOTES CABLE PEDESTAL
❑� DENOTES GAS METER
oHw-�_, DENOTES POWER POLE AND OVERHEAD WIRES
X 952.36 DENOTES EXISTING SPOT ELEVATION
-� DENOTES SIGN
�r DENOTES TELEPHONE PEDESTAL
908.60
FNDIP#67
�
\ /
���` /0�3,/
\�/ /�
�
/o�`�, 90�
/� cc���r
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DENOTES RETAINING WALL
X X DENOTES FENCE
�����������������������..�������� DENOTES EXISTING CONTOURS
> DENOTES EXISTING SANITARY SEWER
E DENOTES UNDERGROUND ELECTRIC LINE
� DENOTES CONCRETE SURFACE
� DENOTES BITUMINOUS SURFACE
� DENOTES GRAVEL SURFACE
OVERALL PROPERTY DESCRIPTION
All of Lot 7 of Lake Owasso Villa and Lot 8 of Lake Owasso Villa save and except that
portion of said Lot 8 described as follows:
Beginning at the Northwesterly corner of Lot 8 Lake Owasso Villa, thence Northeasterly
along the Northerly line of said Lot 8 for a distance of 40 feet; thence Southerly to a
point on the Southerly line of said Lot 8, 30 feet Easterly of the Southwesterly corner
of said Lot 8; thence Westerly along the Southerly line of said Lot 8, 30 feet to the
Southwesterly corner thereof; thence Northerly along the Westerly line of said Lot 8 to
the Northwesterly corner of said Lot 8, being the point of beginning, Ramsey County,
Minnesota.
AND
Lots 9 and 10, LAKE OWASSO VILLA, and that part of Lot 8, LAKE OWASSO VILLA, which lies
Southwesterly of the following described line:
Commencing at a point on the Southerly line of said Lot 8, distant 30 feet Easterly of
the Southwesterly corner thereof; thence Northwesterly along a line to a point that is
40 feet Northeasterly from the Southwesterly line of said Lot 8, and 210.00 feet
Northwesterly of the point of beginning; thence continuing Northwesterly, along the
Northwesterly extension of said line, to the Northerly line of said Lot 8 and said line
there terminating, Ramsey County, Minnesota.
EST.,9� professional land Surveyors
WWW.egrud.�om 6 776 La ke Drive N E, S u ite 110
Li n o La kes, M N 55014
Tel. (651) 361-8200 Fax (651) 361-8701
�
30
� 908 12
TCCUT
908.35
TC-B618
18
908-35 ��
T TC-B618
��O
�� P ��
/
�
�
TREE DETAII
-= �� DENOTES ELEVATION
�oti�a;ti __-______ DENOTES TREE QUANTITY
9aP�____ DENOTES TREE SIZE IN INCHES
�� ----DENOTES TREE TYPE
�
908.87
FNDIPt /2
PROPOSED DESCRIPTION FOR PARCELA
Lot 10 and that part of Lot 9, LAKE OWASSO VILLA, Ramsey County, Minnesota, which lies
southwesterly of the following described line:
Beginning at southeasterly corner of said Lot 9; thence North 39 degrees 49 minutes
36 seconds West (Assumed bearing of South 58 degrees 51 minutes 19 seconds West
along the southeasterly line of said Lot 9) a distant of 233 feet, more or less, to the
southeasterly shoreline of Lake Owasso and said line there terminating.
PROPOSED DESCRIPTION FOR PARCEL B
Lots 7, 8 and that part of Lot 9, LAKE OWASSO VILLA, Ramsey County, Minnesota, which lies
northeasterly of the following described line:
Beginning at southeasterly corner of said Lot 9; thence North 39 degrees 49 minutes
36 seconds West (Assumed bearing of South 58 degrees 51 minutes 19 seconds West
along the southeasterly line of said Lot 9) a distant of 233 feet, more or less, to the
southeasterly shoreline of Lake Owasso and said line there terminating.
NOTES
Pin Nos. 01.29.23.12.0072 and 01.29.23.21.0094.
A search of the City of Roseville's website indicates that the surveyed premises shown
on this survey is currently zoned LDR-1 Low Density (One Family) Residential -1.
Field survey was completed by E.G. Rud and Sons, Inc. on 8-18-15.
Bearings shown are on Ramsey County Datum.
Curb shots are taken at the top and back of curb.
A portion of this survey was prepared based upon Title Commitment File No. 524847
prepared by Land Title, Inc., issuing agent for First American Title Insurance Company,
dated 7-13-15.
Benchmark: MnDOt Benchmark Name 6285 N. SE corner Hwy 49 in bridge 6580 over
I-694. Elevation = 927.32 (NAVD88).
/�
7
CITY SETBACKS
75 FEET FROM OHWL
30 FEET FROM RIGHT OF WAY
5 FEET SIDE LOT LINE
MAXIMUM IMPERVIOUS PER ORDINANCE IS 25�
I hereby certify that this survey, plan
or report was prepared by me or under
my direct supervision and that 1 am
a duly Registered Land Surveyor under
the laws of the State of Minnesota.
Date: 11/20/15 License No. 41578
DRAWN BY: JEN JOB N0: 15562HS DATE: 8/25/15
CHECK BY: JER SCANNED ❑
� 8/31/15 added lakeshore setback JEN
2 9/23/15 Proposed lot split JEN
,3 9/30/15 Added Existing Property JEN
4 11/20/15 Minor Subdivision JEN
N0. DATE DESCRIPTION BY
15562HS
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Department Approval
1��
�.. 1 � �
REQUEST FOR COUNCIL ACTION
Date: November 30, 2015
Item No.: 8.j
City Manager Approval
Item Description: Discussion of 2016 Policy Priority Planning Document
BACKGROUND
� For the past several months, the City Council has been discussing and reviewing priorities for the City
to focus on in 2016. At the November 9, 2015 meeting, the City Council reviewed a draft of the policy
planning document prepared by the City Manager. After discussion, the City Council directed the City
Manager to make some minor changes to the document and bring it back for final consideration.
The 2016 City Priority Plan has been revised as follows:
• An additional column entitled "Status" has been added to each Strategic Initiative page. This
will allow for staff and the City Council to track the progress of each task.
• At the bottom of each Strategic Initiative page, there is space for "Measures of Success" to be
listed. As the page already lists "Desired Outcomes" for each Strategic Initiatives, the
Measures of Success area will report back with specificity whether those outcomes were met.
An example Measure of Success is listed on the Create a Southeast Roseville Redevelopment
Plan page.
• Additional responsible parties were added to the Southeast Roseville Redevelopment Plan page
(East Metro Strong, Smart Growth America, and St. Paul Area Chamber of Commerce) and
review of the Smart Growth America report and review of previous HRA work in the SE
Roseville has been incorporated into the timeline.
• The Planning Commission was added as a responsible commission under the Twin Lakes
Economic Development goal.
• The "Propelling City-wide Economic Development" strategic initiative has been changed to
"Facilitate City-wide Economic Development". The task of developing goals, objectives, and
outcomes for this initiative has been added to the timeline. The revised policy priority planning
document is contained in Attachment A.
POLICY OBJECTIVE
� Adopting strategic priorities will provide the City Council and staff direction in providing City services
and programs in a planned and targeted way.
FINANCIAL IMPACTS
� There are not any costs for further discussion of the Policy Priority Planning document. As the
� priorities are executed, any new costs will need be included in future budgets.
Page 1 of 2
STAFF RECOMMENDATION
Staff recommends that the City Council should adopt the 2016 City Priority Plan.
REQUESTED COUNCIL ACTION
The City Council should adopt the 2016 City Priority Plan.
Prepared by: Pah-ick Trudgeon, City Manager (651) 792-7021
Attachments: A: Draft 2016 City Priority Plan
Page 2 of 2
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Department Approval
�
Item Description
BACKGROUND
L'���,
�r �
REQUEST FOR COUNCIL ACTION
Date: Nov. 30, 2015
Item No.: 8.k
City Manager Approval
Approve Hillcrest Animal Hospital Service Agreement
The Brighton Vet Clinic located in New Brighton, has provided veterinary and impound services
for well over three decades to the Roseville Police Department. Effective January l, 2016, the
Brighton Vet Clinic will no longer provide contractual veterinary and impound services to local
law enforcement agencies.
Hillcrest Animal Hospital located at 1320 East County Road D Circle in Maplewood has agreed
to provide veterinary and impound services to the Roseville Police Department effective January
1, 2016.
The service agreement has been reviewed and approved by the Roseville city attorney's office.
The Hillcrest Animal Hosptial service agreement is attached for review — see attachment A.
POLICY OBJECTIVE
None
BUDGET IMPLICATIONS
The police department doesn't expect any additional costs and/or fees above and beyond what is
proposed in the 2016 Animal Control contractual budget of $10,500.00.
STAFF RECOMMENDATION
Review and approve the 2016 Hillcrest Animal Control Service Agreement.
REQUESTED COUNCIL ACTION
The mayor and city manager sign and date the appropriate signature lines of the service
agreement.
Prepared by: Lt. Lorne Rosand
Attachments: A: Hillcrest Animal Hospital Impound Service Agreement
Page 1 of 1
Attachment A
ANIMAL IMPOUND SERVICES AGREEMENT
HILLCREST ANIMAL HOSPITAL
AND CITY OF ROSEVILLE, MINNESOTA
This agreement, effective on the 1 ST day of January, 2016, by and between Hillcrest Animal
Hospital, hereinafter referred to as "HAH" and the City of Roseville, a municipal corporation
located in the County of Ramsey, State of Minnesota, hereinafter referred to as "City".
In consideration of the covenants and agreements, hereinafter set forth, it is mutually agreed by
and between the parties hereto as follows:
Services. HAH shall serve as the impound facility for the City beginning on the
effective date of this agreement, providing services as follows:
a. HAH shall receive and care for any small domestic animal brought to it during
business hours by an authorized City representative, or by ruling of the Minnesota
Board of Health or other Minnesota or United States Agency with jurisdiction.
b. If an animal is diseased, vicious, rabid or exposed to rabies and the animal cannot be
impounded without serious risk to the persons attempting to impound the animal, it
may be immediately humanely euthanized.
c. Impounded animals shall be kept in a suitable, humane manner for a period required
by the City Ordinance.
d. In the event that any animal is unclaimed after the expiration of any applicable
redemption or quarantine period, or five (5) business days, whichever is longer, it
shall become the property of HAH and may be disposed of or sold at its sole
discretion. All proceeds from the disposition of such animals shall be the sole
property of HAH.
2. Fees.
a. If an animal is unclaimed, the City shall pay to HAH the charges as agreed to on
`Bxhibit A" to this Agreement within 30 days of receipt of an itemized invoice
thereof.
b. Before an animal is released to its owner, HAH or its agent shall collect the charges
specified on "Exhibit A" to this Agreement.
3. Records/ Data Practices.
a. HAH shall maintain a record of all animals impounded, and shall promptly respond to
inquiries from the City for information or documentation related to its performance of
this agreement.
b. HAH shall comply with the Minnesota Data Practices Act and all other State and
Federal laws relating to data privacy or confidentiality, and shall hold the City and its
employees harmless from any claims resulting from an improper disclosure or use of
data it receives or maintains in performance of this Agreement. HAH shall
immediately report to the City any requests from third parties for information relating
to its performance of this agreement.
4. Indemnity. HAH shall be liable for and shall defend, indemnify and hold the City, its
officers, employees or agents harmless from any and all claims, lawsuits, losses, damages
or expenses on account of bodily injuries, sickness, disease, death and property damage,
including injury to animals caused by or resulting from its activities under this
Agreement.
5. Insurance. HAH shall purchase and maintain, at its own expense, a general liability
insurance policy with limits of at least $1,000,000.00 per occurrence and $2,000,000.00
annual aggregate. HAH shall provide the City with proof of insurance upon request of the
City. HAH shall carry and upon request of the City provide proof of Workers
Compensation Insurance coverage required by Minnesota Law.
6. Discrimination. HAH agrees to abide by the requirements and regulations of the
Americans with Disabilities Act of 1980 (ADA), the Human Rights Act (Minnesota
Chapter 363A and Title VII of the Civil Rights Act of 1964), and any laws governing
discrimination based on race, gender, disability, religion, sexual preference, and sexual
harassment. Violation of any of the above laws may lead to termination of this contract.
7. Independent Contractor. Nothing contained in this Agreement is intended or should be
construed as creating the relationship of employer and employee between HAH and the
City. No tenure or any rights or benefits, including workers compensation,
unemployment insurance, medical care, sick leave, vacation leave, severance pay, PERA,
or other benefits available to City employees sha11 accrue to HAH or employees of HAH
performing services under this Agreement.
8. Notices. Any notice or demand which must be given or made by a party hereto under the
terms of this agreement shall be in writing and shall be provided to the parties by U.S.
Mail at the addresses listed below:
To City: Ciry Administrator
City of Roseville
2660 Civic Center Drive
Roseville Minnesota 55113
To HAH: Hillcrest Animal Hospital
1320 East County Road D. Cir.
Maplewood, Minnesota SS109
9. Term. This agreement will continue in effect until December 31, 2016, and will
automatically extend for additional one (1) year terms, unless either party gives written
notice of intent not to extend to the other party, said notice to be given at least sixty (60)
days prior to the expiration of the then current term.
2
10. Cancellation. The agreement may be cancelled with or without cause by either party
upon sixty (60) days written notice.
11. Entire Agreement. It is understood and agreed that this is the entire agreement between
the parties and that this agreement supersedes a11 previous written and oral agreements
between the parties relating to the subject matter.
12. Severability. Every section, provision or part of this agreement is declared severable
fram every other section, provision or part thereof to the extent that if any section,
provision or part of this agreement shall be held invalid by a court of competent
jurisdiction, it shall not invalidate any other section, provision or part thereof.
City of Roseville, Minnesota (City) HillcresC Animal Hospital(HAH)
By:
Mayor
Date:
By:
City Manager
Date:
3
:
Its:
Date:
ANIMAL IMPOUND SERVICES AGREEMENT
EXHIBIT A
Charges due from City of Roseville, Unclaimed Animal:
$19.00
$150.00
$30.00
$55.00
$50.00
$20.00
$12.00
Daily boarding fee, up to 5 days
Maximum, statutory veterinary services
Euthanasia
Cremation
Disposal of animal not euthanized
Administration fee if we sell city licenses
Administration fee if we do not sell city licenses
Charges due from the City of Roseville shall be reduced by any
City of Roseville impound fees collected from owners of claimed
animals.
Charges due from Owner, Claimed Animal
$22.00
Actual Cost
$12.00/$20.00
$0.00
Daily boarding fee
Veterinary services
Administration fee if we do not/do sell ciry licenses
City of Roseville Impound Fee (per City ordinance)
�
Department Approval
Item Description:
BACKGROUND
���
a...;T � � J 1
REQUEST FOR COUNCIL ACTION
Date: 11 /30/2015
Item No.: 8.1
City Manager Approval
Accept Donations from the Roseville Police Foundation
The Roseville Police Foundation's mission is to advance public safety by supporting and providing additional
resources to strengthen the Roseville Police Department's ties to the community. This will be achieved by
enhancing RPD's capacity to provide quality services through safety outreach initiatives and the pursuit of
innovative training and technology.
The Foundation accepted ihe Police Department's request to fund the first `Behind the Badge" segment shown
on local cable channels and available on the internet at a cost of $1,660.
The Foundation also accepted the Police Department's request of a storage shed for a Park Patrol vehicle at Villa
Park in order to expand the popular program to another City park at a cost of $2,275,
OBJECTIVE
The donations fit within the City of Roseville donation policy.
FINANCIAL IMPACTS
There is no cost to the city.
STAFF RECOMMENDATION
Allow the police department to accept the donations of the Roseville Police Foundation.
REQUESTED COUNCIL ACTION
Request Council approval to accept the donations of the Roseville Police Foundation
Prepared by: Rick Mathwig, Chief of Police
Attachments:
gelofl
0
Item Description
���
�
REQUEST FOR COUNCIL ACTION
Agenda Date: 11/30/2015
Agenda Item: 10.a
City Manager Approval
Consider Approval of Certain Minor, Clarifying Text Amendments to
Title 10 (Zoning) and Title 11 (Subdivisions) of the City Code
APPLICATION INFORMATION
Applicant: City of Roseville
Location:
Property Owner:
Open House Meeting
N/A
N/A
none required
Application Submission: N/A
Public Hearing: November 4, 2015
City Action Deadline: N/A
Planning Commission Action:
On September 4, 2015, the Planning Commission held the public
hearing for the proposed Zoning and Subdivision Code changes and
voted unanimously to recommend approval of the amendments.
BACKGROUND
� As City codes are read, interpreted, and implemented in response to applications submitted by
.. members of the community, minor errars and oddities, incidental omissions, and accidentally
n vague passages are brought to light. Planning Division staff makes note of these instances and
� periodically brings them forward in small batches for correction or clarification. The Planning
5 Commission held the public hearing for the proposed changes on November 4, 2015; the RPCA
� summarizing and illustrating the proposed amendments and the draft public hearing minutes are
� included with this RCA as Exhibit A.
The amendments generally address:
• Standards for accessory structures in residential districts
• Incorrect cross references within the zoning code
• Separation between a house and a private swimming pool
• Aligning the City's required action timelines for preliminary and final plats with state
statute
�:� One change was made to the proposed amendment as a result of the Planning Commission's
�,� discussion. The recommendation for spacing between principal structures and accessory
�� structures and between principal structures and swimming pools was reduced to 3 feet rather
PROJ0017_Amdt25_RCA_20151130.doc
Page 1 of 2
� 8 than 5 feet as proposed by staf£ The draft teXt amendment ordinance included with this RCA as
� 9 Exhibit B reflects the recommendation of the Planning Commission.
20 RECOMMENDED ACTIONS
2� Pass an ordinance amending certain text of Title 10 (Zoning) and Title 11 (Subdivisions) of
22 the City Code, based on the findings and recommendation of the Planning Commission, the
2s content of this RCA, public input, and City Council deliberation.
24 Pass a motion approving the proposed ordinance summary. This motion requires a four-fifths
25 supermajority vote to pass.
26 ALTERNATIVE ACTIONS
2� Pass a motion to table one or more of the actions for future action. While there's no required
28 timeline for approving City-initiated proposals such as this, deferring action into the future could
2� have adverse consequences for property owners or potential developers who may be following
30 this process and anticipating its conclusion.
3� By motion, deny the request. Denial should be supported by specific findings of fact based on
32 the City Council's review of the application, applicable City Code regulations, and the public
ss record.
Prepared by: Senior Planner Bryan Lloyd
651-792-7073 � bryanlloyd@cityofroseville.com
RCA Exhibits: A: 9/2/20l 5 RPCA packet and public B: Draft text amendment ordinance
hearing minutes, and 9/17/2015 draft C: Draft ordinance summary
minutes
PROJ0017 Amdt25_RCA_20151130.doc
Page 2 of 2
RCA Exhibit A
f�
Agenda Date: 11 /4/2015
REQUEST FOR PLANNING COMMISSION ACTION Agenda Item: 5
D�A.}�pro� Agenda Section
� � � � PUBLIC HEARINGS
Item Description
Request by City of Roseville far approval of certain minor, clarifying teXt
amendments to Title 10 (Zoning) and Title 11 (Subdivisions) of the City
Code (PROJ0017)
APPLICATION INFORMATION
Applicant: City of Roseville
Location:
Property Owner:
Open House Meeting:
N/A
N/A
none required
Application Submission: N/A
City Action Deadline: N/A
LEVEL OF CITY D[SCRETION [N DECISION-MAKING
Action taken on a code amendment request is
legislative in nature; the City has broad discretion in
making land use decisions based on advancing the
health, safety, and general welfare of the community
� PROPosa�
. . .- -
, �\
i' P':,.,
��;�J Conditional Use
.,�'�py Subdivision
�`~S`�' Zoning/5ubdivisian
"�.'� Ordinance
� �
�,� Comprehensive Plan
� As City codes are read, interpreted, and implemented in response to applications submitted by
� members of the community, minor errors and oddities, incidental omissions, accidentally vague
� passages are brought to light. Planning Division staff makes note of these instances and
� periodically brings them forward in small batches far correction or clarification from time to
c time. The proposed amendment is illustrated in Attachment A, with insertions represented with
7 underlined text and deletions represented with �+r;'��*'�r^„rt'� +��+, and a brief discussion of the
& reason for the proposed changes follows.
9 �1004.02: Residential Accessory Buildings
10 Table 1004-1
��i • The rear yard setback for accessory structures was listed under the heading of side yard
�? setback requirements. The proposed change will relocate the rear yard setback
1� requirement to its own row.
� n • The existing corner side yard setback requirement does not differentiate between standard
�� corners and reverse corners. The proposed amendment makes this distinction; it uses the
�� existing standard for "reverse corner" lots, and specifies a 10-foot setback on standard
�� ? corners (equal to the principal structure setback requirement on standard corners) while
PROJOOI 7_Amdt25_RPCA l 104] 5
Page 1 of 9 Page 1 of 3
RCA Exhibit A
� 8 allowing a further reduced setback where the adjacent right-of-way is unlikely to be
� g developed with a street. Planning Division staff will illustrate and eXplain the difference
2o between standard and reverse corners during the presentation of the amendment proposal.
2� • The 6-foot separation required between accessory storage structures and other buildings
22 was recently determined to be an archaic standard that no longer applies. While a
23 separation of as little as 3 feet between buildings may be possible with building and fire
24 code standards, but such a small distance may discourage proper maintenance of the
25 buildings and grounds between them. Planning Division staff is proposing a minimum
2s separation of 5 feet to be less restrictive than the existing standard and still allow for
2� easier property maintenance than the minimum fire code separation distance would allow.
2� Other accessorv buildin� standards
2g • The existing standards for multi-family properties inadvertently specified that accessory
3o storage buildings should be in the front yard. The proposed amendment corrects this by
3� changing the language to place such structures behind the front of a building, in the side
32 or rear yard.
33 • Existing standards require all accessory storage buildings to utilize materials which are
34 similar to the principal structure on the property, which unintentionally precludes small,
35 pre-fabricated sheds that are commonly used. The previous zoning code did distinguish
3s between structures less than 120 square feet and 12 feet in height (which don't require
3� plan review for compliance with building code requirements) and larger structures that do
38 require formal review of construction plans. The proposed amendment re-establishes this
39 threshold which holds larger structures to the higher design and structural standard than
4o smaller structures, and thereby allows smaller, prefabricated sheds to be utilized.
� � �1011.12: Additional Standards for Specific Uses in All Districts
�� Accessorv Dwellin� Units (ADUs�
4s • Within the regulations pertaining to ADUs, two references are made to the section of the
44 zoning code containing definitions of zoning terms, but both citations have typographical
45 errors.
46 Private Swimming Pools
47 • The only apparent rationale for the existing 6-foot required separation between an in-
48 ground pool and a principal structure is that it matched the corresponding requirement for
49 accessory storage structures. While the present rationale may not be any different,
5o Planning Division staff is recommending a 5-foot separation requirement to reserve
5� sufficient space for walking around a pool and to preserve some uniformity in distances
52 between residential improvements.
53 Restaurants
54 • The (now) former CMU district was never intended to constrain restaurants to multi-use
�� buildings.
PROJ0017_Amdt25_RPCA 110415
Pagea�ea2f.q�' 3
RCA Exhibit A
�� Telecommunication Towers and Antennas
5� • Subsection "A8" discussed requirements far "eXisting facilities" in the previous version
5a of the zoning code. The "Existing Facilities" parameters are now in subsection "h"
5�a accarding to the present outline structure of the zoning code.
6�J �1102.01: Plat Procedures
6 � • Minnesota Statute 462.358 subd. 3b requires cities to approve or disapprove preliminary
62 plat applications within 120 days, whereas Roseville's subdivision code unnecessarily
63 limits the action timeline to 60 days. The proposed amendment adjusts the City's timeline
6q to 120 days to be in line with the statutory requirement.
6� • The same statute requires cities to approve or disapprove final plat applications within 60
6� days, but Roseville's subdivision code specifies a 120-day timeline. While City staff has
6-� diligently adhered to the State-mandated timeline for action on a final plat application, the
s� proposed amendment would bring the City's timeline to 60 days to be in line with the
69 statutory requirement.
7�i PUBLIC COMMENT
7� At the time this report was prepared, Planning Division staff has not received any
�<: communications from members of the public about the proposal.
73 RECOMMENDED ACTION
7<� By motion, recommend approval of the proposed amendments to Title 10 (Zoning) and
7:> Title 11 (Subdivisions) of the City Code
7 � ALTERNATIVE ACTIONS
i-� Pass a motion to table the item for future action.
�� By motion, recommend denial of the proposal.
Prepared by: Senior Planner Bryan Lloyd
651-792-7073 � bryan.11oyd@cityofroseville.com
Attachments: A: Proposed amendments B:
PROJOOI 7_Amdt25_RPCA l 104] 5
Page 3 of 9 Page 3 of 3
RCA Exhibit A RPCA Attachment A
1004.02: Accessory Buildings
A. One- and Two-Family Dwellings: The following standards apply to accessory buildings that serve one-
and two-family dwellings.
Table 1004-1 Accessory Building
864 square feet; up to 1,008 square feet by meeting
performance standards in Section 1004.02A.2. In any case,
Maximum combined storage size/area combined area of accessory buildings shall not exceed 85%
of the footprint of the principal structure.
Maximum height 15 feet; 9 feet wall height
Minimum front yard building setback 30 feet
Minimum rear yard buildin� setback 5 feet
Minimum side yard building setback
� �-#ee�
Interior-si�e 5 feet
Corner 10feetd
��Reverse corner Behind established building line of principal structure
Minimum setback from any other �S feet
building or structure on the lot —
d The corner side vard setback requirement applies where a parcel is adiacent to a side street or ri�ht-
of-way. The required setback from an unimproved ri�ht-of-way may be reduced to the required interior
side vard setback bv the Communitv Development Department upon the determination by the Public
Works Director that the ri�ht-of-wav is likelv to remain undeveloped.
B. Attached and Multi-family Buildings: Attached and multi-family buildings are allowed one storage or
maintenance structure and one garden shed per complex, plus detached garage structures as needed.
Accessory buildings and sheds shall be located in #�s�r�rear or side yards behind the r��front building
line of the principal structure. Accessory buildings and sheds shall be set back a minimum of 10 feet
from rear or side lot lines and from principal buildings.
C. Color, Design, and Materials: The exterior design and materials of an accessory stora�e building
greater than 120 square feet in area and/or �reater than 12 feet in hei�ht shall be similar to or
compatible with those of the principal structure.
1011.12: Additional Standards for Specific Uses in All Districts
B. Residential Uses, Accessory:
1. Accessory Dwelling Units (ADU):
m. Permit Required: A lifetime, non-transferrable ADU Occupancy Permit shall be required from
the Community Development Department to allow an ADU to be rented. For the purposes of
this provision, a"rented" ADU is one that is being occupied by a person or persons other than
the family (as defined in �' ^�� 1001.10 of this Title) occupying the principal dwelling unit.
Each property owner seeking to rent an ADU, or occupy an ADU while renting the principal
Page 4 of 9 Page 1 of 3
RCA Exhibit A
RPCA Attachment A
dwelling unit, shall apply for a new ADU Occupancy Permit according to the procedure
established herein. In addition to receiving an ADU Occupancy Permit, the property shall be in
compliance with the City's rental registration requirements.
iv. Revocation: If a permitted ADU or the property for which an ADU permit has been issued
should fail to meet the requirements of the permit, and/or if a property for which an ADU
permit has been issued should become ineligible for such permit, the issued ADU permit
may be revoked upon the determination by the Community Development Department that
the noncompliance and/or ineligibility issue(s) cannot or have not been resolved. If an ADU
permit is revoked, occupation of the ADU by a person or persons other than the family (as
defined in �� ^,�^�r 10§ 01.10 of this Title) occupying the principal dwelling unit shall cease
within 60 days of the date of the revocation.
4. Private Swimming Pools: All private swimming pools, hot tubs, and other similar private
recreational facilities are subject to the following standards:
e. For in-ground pools, the pool shall be set back at least b-5 feet from the principal structure.
E. Business and Commercial Uses:
6. Restaurants:
a. In the �-a�-Employment districts, all restaurants shall be incorporated within a multi-use
retail center.
G. Accessory Uses and Structures:
1. Telecommunication Towers and Antennas:
f. Requirements: All antennas and towers and support structures including guy wires and
foundations shall be subject to the appropriate requirements of subsection-A� "h" of this
Section and the setback requirements established for accessory structures in the applicable
zoning district. Antennas, towers, guy wires and foundations, and support buildings shall be
constructed on 1 lot or parcel and shall be set back a minimum of 30 feet from any front
property line.
1102.01: Plat Procedures
F. Action By The City Council: (on preliminary plats)
1. The recommendation of the Planning Commission on the preliminary plat shall be considered by
the City Council, and the City Council shall approve or disapprove the plan within §�120 days after
the application was accepted as complete or such date as extended by the applicant or City Council.
If the City Council shall disapprove said preliminary plat, the grounds for any such refusal shall be set
forth in the proceedings of the City Council and reported to the person or persons applying for such
approval.
H. Approval and Recording: The City Council shall act upon a final plat application within 3�8-60 days of
the submission of a completed application. The refusal to approve the plat shall be set forth in the
Page 5 of 9 Page 2 of 3
RCA Exhibit A
RPCA Attachment A
proceedings of the City Council and reported to the person or persons applying for such approval. If the
final plat is approved, the subdivider shall record said plat with the County Recorder within one year
after the date of approval and prior to the issuance of any building permit; otherwise, the approval of
the final plat shall be considered void.
Page 6 of 9 Page 3 of 3
RCA Exhibit A
PROJECT FILE 0017
Request by the City of Roseville for approval of certain minor, clarifying text amendments
to Roseville City Code, Title 10 (Zoning) and Title 11 (Subdivisions)
Chair Boguszewski opened the public hearing for PROJECT FILE 0017 at 6:37 p.m.
'� Senior Planner Bryan Lloyd provided a brief history of proposed minor, clarifying text
6 amendments to existing City Code, Title 10 (Zoning) and Title 11 9Subdivisions) as detailed in the
? staff report dated November 4, 2015. Mr. Lloyd advised that the proposed text amendments
�; related to residential accessory buildings, additional standards for specific uses in all districts, and
s plat procedures in the City's subdivision code to mirror state statute and as detailed in the report,
�o and had come forward during practical application and staff reading/interpretation of existing text.
� � Residential Uses - Accessory Dwellinq Units (ADU)
?�: Chair Boguszewski asked staff to illustrate the distinction between references to standard corner
� � and reverse corners.
^� Mr. Lloyd displayed a typical lot type illustration from current code and reviewed related front and
�� side streets; and distinctions with reverse corner lots that could have frontages on both the long
� 6 and short streets related to setbacks based on the type of lot and position of the primary
17 structure; and reviewed various orientations of those lots in conjunction with adjacent properties.
o� As noted by Member Murphy, if a new property and/or structure, a reverse lot could be addressed
., at either corner provided no current address existed for a vacant lot, with the new owner of a
;�� structure able to determine which way to face their home depending on design particulars and
2i preferences.
2� In referencing the 1004.02 Accessory Building Table (1004.1) (page 1, RPCA Attachment A),
<'':: Chair Boguszewski opined that compared with the text on page 4 of that same attachment, there
2� appeared to be some ambiguity related to established front or rear building lines, and sought
2:� staff's intent, if in fact to locate building lines further from either street.
2.e By again using the illustration, Mr. Lloyd responded that the principle structure's building line is
2? how setback requirements are established, and depending on the orientation of that principle
28 structure would determine the location as addressed in Table 1004-1.
29 Chair Boguszewski questioned the clarity of the text and/or table as currently proposed.
3� Based on staff's familiarity with interpretation, Mr. Lloyd opined that he didn't find the text or table
3 � ambiguous, suggesting there may be a need for clarifying questions no matter how they were
32 written.
33 At the request of Member Gitzen, and again referencing the diagram, Mr. Lloyd explained
3c accessory building placement in relation to adjacent property lines.
3.� Restaurants (RPCA, page 2, line 53�
3� Specific to the text and table, Chair Boguszewski sought further clarification related to the intent
3- to constrain multi-use buildings.
38 Mr. Lloyd advised that the intent was to remove the provision specific to restaurants in multi-use
3� buildings (e.g. office/business park and industrial park designations) to avoid stand-alone
�ro restaurants. Mr. Lloyd advised that the intent was to remove that incorrect constrain of
�' i restaurants only in multi-use buildings in Commercial Mixed Use (CMU) designated districts; with
�'�' that intent remaining relevant in the Employment designated district, as outlined in the RPCA
�`s Attachment A(page 2), Section E.6.
�4 Accessory Buildinq minimum setback from other buildinqs or structures on the lot
�P, Reverting back to the previous discussion on residential accessory buildings, Member
���; Cunningham expressed her fascination, based on her personal experience living on a reverse
�� � corner lot and attempt to add an accessory building (shed) and its proposed placement found too
�?� dose to the property line (5' versus 6'). Member Cunningham opined she had found that setback
., requirement ridiculous at the time and continued to do so, questioning why 3' wouldn't be
5t� sufficient unless based on maintenance requirements needing 5'.
��i Mr. Lloyd elaborated on the proposed 6' coming from building code thresholds applying to a
52 building wall and addressing whether or not a heightened fire wall existed adjacent neighboring
Page 7 of 9
RCA Exhibit A
53 properties/buildings. Based on staff's research, Mr. Lloyd noted that if taking the property line
5� between buildings in the future, there would already be a 3' separation for both properties.
55 Whether or not that intent would ever apply, Mr. Lloyd advised he was unsure, but clarified that
56 was the initial rationale. If the accessory building was only set back 3', Mr. Lloyd opined that was
57 also artificial and may not allow fire suppression and actually allow fire transfer from one building
53 to another. Other than for this stipulation, Mr. Lloyd stated he was unsure of any other practical
59 intent for a setback less than 5'; and he found that less arbitrary than 4' or less since property
6C maintenance would get more difficult with any less space, thus the proposed familiar figure of 5'.
6'� Mr. Paschke concurred, noting it would remain consistent with setback requirements.
62 Member Daire noted he had personally also run into this metric recently when checking on a
63 building permit. During his research, Member Daire advised that he had found that the 6' metric
6� had origins in fire code and was intended to put enough space between combustible walls so
65 transfer of fire from one structure to another would be difficult if impossible. Therefore, Member
66 Daire suggested the fire code may be the place where there was a genesis for that number.
67 While open to the will of the Commission, Member Cunningham opined she found little harm and
6�? greater benefit, based on her personal experience, in lowering the footage to 4'.
69 Chair Boguszewski questioned practical applications for maintaining grass in that area behind an
7o accessory structure or between an accessory and principle structure; and remedies the City had
7 i available to ensure compliance in maintaining that area.
7:� Mr. Lloyd advised that City Code has a maximum height for grass; however, also noted that if the
73 noncompliance issue was in the back yard, no one from the City staff was likely to notice the
7��. problem unless a complaint was filed by a neighbor or other resident, at which time the City could
7� then respond accordingly and become involved in the code compliance process (e.g. abatement)
7�� as applicable.
7� Mr. Paschke advised that the City's housing maintenance code could also be utilized.
7�3 Chair Boguszewski led discussion based on philosophical questions and responsible
79 homeowners based on realities of a situation and trusting homeowners to effectively and sensible
80 manage their private property, or whether the City needed to adjust minimums to guide proper
8� behavior.
8,`? Chair Boguszewski spoke in support of a 3' setback in line with fire code.
83 If located in a smaller area, Member Bull opined it may be more economical to install a concrete
s� pathway between for maintenance purposes.
8� Member Gitzen opined he found 4' to 5' to be arbitrary, and would support a 3' setback.
86 Private Swimming Pools
8? If amending one section for dwelling structures, Member Murphy questioned if there was also a
8� need for minimum distances related to swimming pools for uniformity.
89 Mr. Lloyd responded that the intent with phrasing wasn't to suggest everything looked the nicer if
90 at the same footage, but in an attempt to meet resident expectations; and with both a shed and
9� pool considered accessory to the principle structure, he would suggest simplicity of expectations
92 versus differences.
9:; Given his perception that 4', 5' or 6' all seemed arbitrary, Member Murphy stated he found if the
9�s City assigned a factual basis for a number such as 3' that seemed easier to support.
g� Chair Boguszewski closed the public hearing at 7:03 p.m.; no one spoke for or against.
Page 8 of 9
RCA Exhibit A
�6 MOTION
�� F Member Cunningham moved, seconded by Member Murphy to recommend to the City
S�> Council approval of the proposed amendments to Roseville City Code, Title 10 (Zoning)
��- and Title 11 (Subdivisions); as detailed and based on the information and analysis in the
1 ot� project report dated November 4, 2015; amended to change text and table references for
1 C, i minimum setback from any other building or structure on the lot to 3' versus the proposed
1 c,2 5' for accessory dwellings and private swimming poo/s.
� r;: Ayes: 7
� �) ; Nays: 0
� 0�� Motion carried.
1�c
Page 9 of 9
RCA Exhibit B
ORDINANCE NO.
2 AN ORDNANCE AMENDING CERTAIN TEXT OF TITLE 10 (ZONING)
3 AND TITLE 11 (SUBDIVISIONS) OF THE CITY CODE,
� The City Council of the City of Roseville does ordain:
5 Section 1. The Roseville City Code is hereby amended as follows:
� §1004.02: Accessory Buildings
7 A. One- and Two-Family Dwellings: The following standards apply to accessory buildings that serve one-
3 and two-family dwellings.
Table 1004-1 Accessory Building
864 square feet; up to 1,008 square feet by meeting
Maximum combined storage size/area performance standards in Section 1004.02A.2. In any case,
combined area of accessory buildings shall not exceed 85%
of the footprint of the principal structure.
Maximum height 15 feet; 9 feet wall height
Minimum front yard building setback 30 feet
Minimum rear vard building setback 5 feet
Minimum side yard building setback
�ea-� �-#ee�
Interior�e 5 feet
Corner 10 feet d
��Reverse corner Behind established building line of principal structure
Minimum setback from any other �5 feet
building or structure on the lot —
� d The corner side yard setback requirement applies where a parcel is adlacent to a side street or ri�ht-
10 of-way. The required setback from an unimproved ri�ht-of-way may be reduced to the required interior
11 side vard setback bv the Communitv Development Department upon the determination by the Public
12 Works Director that the ri�ht-of-wav is likelv to remain undeveloped.
13 B. Attached and Multi-family Buildings: Attached and multi-family buildings are allowed one storage or
1L� maintenance structure and one garden shed per complex, plus detached garage structures as needed.
15 Accessory buildings and sheds shall be located in #�e-��rear or side yards behind the �front building
16 line of the principal structure. Accessory buildings and sheds shall be set back a minimum of 10 feet
1 i from rear or side lot lines and from principal buildings.
18 C. Color, Design, and Materials: The exterior design and materials of an accessory stora�e building
1 � greater than 120 square feet in area and/or greater than 12 feet in height shall be similar to or
2o compatible with those of the principal structure.
2r §1011.12: Additional Standards for Specific Uses in All Districts
22 B. Residential Uses, Accessory:
Page 1 of 3
RCA Exhibit B
23 1. Accessory Dwelling Units (ADU):
24 m. Permit Required: A lifetime, non-transferrable ADU Occupancy Permit shall be required from
25 the Community Development Department to allow an ADU to be rented. For the purposes of
26 this provision, a"rented" ADU is one that is being occupied by a person or persons other than
27 the family (as defined in �' ^�r§1001.10 of this Title) occupying the principal dwelling unit.
2s Each property owner seeking to rent an ADU, or occupy an ADU while renting the principal
25� dwelling unit, shall apply for a new ADU Occupancy Permit according to the procedure
3G established herein. In addition to receiving an ADU Occupancy Permit, the property shall be in
3 � compliance with the City's rental registration requirements.
32 iv. Revocation: If a permitted ADU or the property for which an ADU permit has been issued
33 should fail to meet the requirements of the permit, and/or if a property for which an ADU
3� permit has been issued should become ineligible for such permit, the issued ADU permit
35 may be revoked upon the determination by the Community Development Department that
3E the noncompliance and/or ineligibility issue(s) cannot or have not been resolved. If an ADU
3r permit is revoked, occupation of the ADU by a person or persons other than the family (as
38 defined in �� ^,�^�r§1001.10 of this Title) occupying the principal dwelling unit shall cease
3�s within 60 days of the date of the revocation.
40 4. Private Swimming Pools: All private swimming pools, hot tubs, and other similar private
4' recreational facilities are subject to the following standards:
4� e. For in-ground pools, the pool shall be set back at least �5 feet from the principal structure.
4� E. Business and Commercial Uses:
4�: 6. Restaurants:
4�� a. In the �""'��Employment districts, all restaurants shall be incorporated within a multi-use
46 retail center.
4; G. Accessory Uses and Structures:
4& 1. Telecommunication Towers and Antennas:
49 f. Requirements: All antennas and towers and support structures including guy wires and
5C foundations shall be subject to the appropriate requirements of subsection-A� "h" of this
5` Section and the setback requirements established for accessory structures in the applicable
52 zoning district. Antennas, towers, guy wires and foundations, and support buildings shall be
5� constructed on 1 lot or parcel and shall be set back a minimum of 30 feet from any front
5� property line.
5� §1102.01: Plat Procedures
56 F. Action By The City Council: [on preliminary plats]
57 1. The recommendation of the Planning Commission on the preliminary plat shall be considered by
58 I the City Council, and the City Council shall approve or disapprove the plan within b�120 days after
Page 2 of 3
RCA Exhibit B
59 the application was accepted as complete or such date as extended by the applicant or City Council.
6c� If the City Council shall disapprove said preliminary plat, the grounds for any such refusal shall be set
6` forth in the proceedings of the City Council and reported to the person or persons applying for such
6� approval.
6� I H. Approval and Recording: The City Council shall act upon a final plat application within �60 days of
6« the submission of a completed application. The refusal to approve the plat shall be set forth in the
65 proceedings of the City Council and reported to the person or persons applying for such approval. If the
66 final plat is approved, the subdivider shall record said plat with the County Recorder within one year
6r after the date of approval and prior to the issuance of any building permit; otherwise, the approval of
�8 the final plat shall be considered void.
�9 Section 2. Effective Date. This ordinance amendment to the City Code shall take effect upon
7C� the passage and publication of this ardinance.
71 Passed this 30`" day of November, 2015.
Page 3 of 3
RCA Exhibit C
City of Roseville
ORDINANCE SUMMARY NO.
AN ORDNANCE AMENDING CERTAIN TEXT OF TITLE 10 (ZONING)
AND TITLE 11 (SUBDIVISIONS) OF THE CITY CODE
The following is the official summary of Ordinance No. approved by the City Council of the
City of Roseville on November 30, 2015:
The Roseville City Code, Title 10, Zoning Code and Title 11, Subdivision Code, has been
amended to correct minor errors and incidental omissions, and clarify accidentally vague
passages.
A printed copy of the ordinance is available for inspection by any person during regular office
�� hours in the office of the City Manager at the Roseville City Hall, 2660 Civic Center Drive,
� Roseville, Minnesota 55113. A copy of the ordinance and summary shall also be posted at the
Reference Desk of the Roseville Branch of the Ramsey County Library, 2180 Hamline Avenue
North, and on the Internet web page of the City of Roseville (www.ci.roseville.mn.us).
Attest:
Patrick Trudgeon, City Manager
Page 1 of 1
��� }
�
REQUEST FOR COUNCIL ACTION
Department Approval
l� �� �.�_ .
Date: 11-30-2015
Item No.:
Item Description: Community Development Department Requests Approval of
Proposed Text Amendments of Roseville's City Code, Chapter 901
Building Code: including sections 901.01 Adoption of Building Code,
901.06 Permits, Inspections and Fees, 901.08 State Surcharge, and
901.11 Construction Deposits.
BACKGROUND
2 Roseville's Code Enforcement Division seeks approval of text amendments to Roseville's City
3 Code, Chapter 901 Building Code. The text amendments are for updating text language, updating
4 references to altered Minnesota statute numbers and City Code numbers, and, for eliminating
5 duplicate and contradictory language. These changes do not add any new permit types, or,
6 increase or decrease the amount of fees collected for permits. Staff is recommending changes to
7 the following sections:
8 901.01: ADOPTION OF CODE:
9 The �� most current Minnesota State Building Code (MSBC), one copy of which is on file in
10 the office of the designated building official, has been adopted by Minnesota Statutes ' ti��
11 � as a uniform building code applicable throughout the state, � .
12 '�,,;'�';„� �^�� ^� �r�� ,M,,,,;�;N�';*�,. The most recent revisions, and subsequent amendments to
13 such code are hereby adopted as the building code of the city and incorporated in this chapter as
14 completely as if set out in full. �n,-a i ��� � i� �nnn o�� c i �nnm rn,-a i �szo sz n �nn� o��
, > > , �
15 ' '�-�-'�
16 901.06: PERMITS, INSPECTIONS AND FEES:
17 The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes
18 ���a and as established in Cit.� Section 314.05. Permit fees shall be assessed for
19 work governed by this code and work governed by the City Code. The amount of permit fees
20 shall be the total of the following:
21 � �-� ° ^ ,�-�;--�—? 88��
22 A. The amount of building permit and other fees shall be as established in City Code Section
23 314.05. �n,-� o n-�-�-z�99�}
24 B. In addition, an amount equal to eight percent (8%) of the building permit fee established by
25 subsection A of this section, to be used to defray the cost of fire safety inspections. (Ord.
26 1237, 3-13-2000, ef£ 5-1-2000)
.
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Page 1 of 2
32
33
• •• . � ��
901.08: STATE SURCHARGE ON BUILDING PERMIT FEES:
34 In addition to the permit fees established in section 901.06 of this chapter, a surcharge fee shal]
35 be collected on all permits issued for work governed by this code in accordance with Minnesota
36 Statutes,��Et�-6„ � tiR 7n �,.,a r-�4,.,,,�o,- � Zc�--�-avv-��ir�r�pncR(�' �n,-a ��g��--o-�-z2g��J o��'�in��
37 901.11: DEPOSIT FOR PROTECTION OF CONCRETE CURBS, TO ENSURE
38 CLEANING OF STREETS AND TO ENSURE COMPLIANCE WITH BUILDING
39 CODE:
40 At any time a permit is applied for on any new construction and on any remodeling project or
41 addition which in the reasonable opinion of the Designated Building Official involves more than
42 iifty percent (50°/o) of the cost evaluation of the existing structure, the permit shall also require a
43 cash deposit. In the case of a permit issued for a project involving a dwelling or accessory
44 structure, the amount of such deposit shall be ����-'���N�'N��' ��„�r� re�nn nn� T� +�,o „ „�.,,,.,
45 ' , .
46 ° �,
47 t�,,,,,��ra a„ii,,,-� �e� nnn nn� as established in the most current fee schedule adopted by the City
48 Council. Such deposit shall be required and applied as necessary to:
49 A. Protect against damage to the abutting street, concrete curb or other City facility occurring by
50 reason of such construction, and
51 B. Defray the cost of cleaning streets if the City is required to do so.
52
53
54
55
56
57
58
59
60
The deposit, or unused portion, shall be refundable upon issuance of an occupancy certificate.
(Ord. 1289, 8-4-2003, eff 1-1-2004)
POLICY OBJECTIVE
Staff periodically updates City Code and Zoning Ordinance language to eliminate duplicate and
contradictory language.
FINANCIAL IMPACTS
There are no financial impacts.
STAFF RECOMMENDATION
61 Based on the comments provided in this report, staff recommends approval of the proposed text
62 amendments to Roseville's City Code, Chapter 901; including sections 901.01 Adoption of
63 Building Code, 901.06 Permits, Inspections and Fees, 901.08 State Surcharge, and 90111
64 Construction Deposits.
65
6E REQUESTED COUNCIL ACTION
67 Adopt an Ordinance amending selected text of Roseville's City Code, Chapter 901; including
68 sections 901.01 Adoption of Building Code, 901.06 Permits, Inspections and Fees, 901.08 State
69 Surcharge, and 901.11 Construction Deposits.
70
71
72
73
74
Prepared by: Don Munson, Permit Coordinator
Attachments: A: Ordinance Amendment
B: Ordinance Summary
ATTACHMENT A
City of Roseville
� ORDINANCE NO.
� AN ORDINANCE AMENDING SELECTED TEXT OF THE ROSEVILLE CITY CODE,
� SECTIONS 901.01, ADOPTION OF BUILDING CODE, 901.06, PERMITS, INSPECTIONS
� AND FEES, 901.08, STATE SURCHARGE, AND 901.11, CONSTRUCTION DEPOSITS
6 THE CITY OF ROSEVILLE ORDAINS:
a SECTION 1. Purpose: The Roseville City Code is hereby amended to modify/clarify specific
� requirements within the Roseville City Code, Sections 901.01, Adoption of Building Code, 901.06,
� Permits, Inspections and Fees, 901.08, State Surcharge, and 901.11, Construction Deposits.
�� SECTION 2. Sections 901.01, 901.06, 901.08, and 901.11 is hereby amended as follows:
� 1 901.01: ADOPTION OF CODE:
� 2 The �� most curre��t Minnesota State Building Code (MSBC)z one copy of which is on file in the
�:� office of the designated building official, has been adopted by Minnesota Statutes '�'�.CO *� '�'�.�� as a
�� uniform building code applicable throughout �he state, � �a��� � ^*'���-'����'�'�r^ ^^a� ^� �„•,
� � ����. The most recent revisions and subsequent amendments to such code are hereby adopted as
�� the building code of the city and incorporated in this chapter as completely as if set out in full. f 9�
17 '�?;�-� -i�88�e�5-�-z, "�' . ' 2� °,�--Q-�-z� 9(�� , e�f�—�—�� 9(�7
�F> 901.06: PERMITS, INSPECTIONS AND FEES:
� 9 The issuance of permits and the collection of fees shall be as autharized in Minnesota Statutes s€�ier�
20 � and as established in Ci . Code Section 314.05. Permit fees shall be assessed for work governed by
2� this code and work governed by the city code. The amount of permit fees shall be the total of the
22 following:
23 � ,-� �-?� n ��-�;---1-�T-z,� 98 ��
2� A. The amount of building permit and other fees shall be as established in Section 314.05. {9�
2,, i2�on i i i� 2��
.� -�-s� �
2� B. In addition, an amount equal to eight percent (8%) of the building permit fee established by
2a subsection A of this section, to be used to defray the cost of fire safety inspections. (Ord. 1237, 3-
2� 13-2000, eff. 5-1-2000)
29 . , .
30 ,
31 , , . , °
32 . . . ,
33 �-9-9�}
34 �n..a i �Qo Q � �nn� o�� i i �nnn�
> >
s� 901.08: STATE SURCHARGE ON BUILDING PERMIT FEES:
s6 In addition to the permit fees established in section 90L06A of this chapter, a surcharge fee shall be
3� collected on all permits issued for work governed by this code in accordance with Minnesota Statutes„
38 . . . , ,
Page 1 of 2
ATTACHMENT A
39 901.11: DEPOSIT FOR PROTECTION OF CONCRETE CURBS, TO ENSURE
4c CLEANING OF STREETS AND TO ENSURE COMPLIANCE WITH BUILDING
�� CODE:
42 At any time a permit is applied for on any new construction and on any remodeling project or addition
a3 which in the reasonable opinion of the Designated Building Official involves more than fifty percent
4�. (50%) of the cost evaluation of the existing structure, the permit shall also require a cash deposit. In the
45 case of a permit issued for a project involving a dwelling or accessory structure, the amount of such
4F deposit shall be . , .
47 . °
48 ��,o �.,,;�,a;,,�. � ,;� ,,,,� ,,,.� o oa;,,,. �.: „��,,,,,�,,,,a ,a,.,,,,..� �e� nnn nm as established in the most
49 current fee schedule adopted by the City Council. Such deposit shall be required and applied as
5o necessary to:
5� A. Protect against damage to the abutting street, concrete curb or other City facility occurring by reason
52 of such construction, and
53 B. Defray the cost of cleaning streets if the City is required to do so.
5�`..
55
��;
5g
6C
6�
6?
63
6�
65
6E
67
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69
70
71
The deposit, or unused portion, shall be refundable upon issuance of an occupancy certificate. (Ord.
1289, 8-4-2003, eff 1-1-2004)
SECTION 3. Effective Date. This ordinance amendment to the Roseville City Code shall take
effect upon passage and publication.
Passed this 30th day of November, 2015.
ATTEST:
Patrick Trudgeon, City Manager
:
Daniel J. Roe, Mayor
Page 2 of 2
2
3
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5
0
• _ • �1:i►�I �1► _ _:
City of Roseville
ORDINANCE SUMMARY NO.
AN ORDINANCE AMENDING SELECTED TEXT OF THE ROSEVILLE CITY CODE,
SECTIONS 901.01. ADOPTION OF BUILDING CODE, 901.06, PERMITS,
INSPECTIONS AND FEES, 901.08, STATE SURCHARGE, AND 90111,
CONSTRUCTION DEPOSITS
7 The following is the official summary of Ordinance No. approved by the City Council of
8 Roseville on November 30, 2015:
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
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The Roseville City Code is hereby amended to modify/clarify specific requirements within the
Roseville City Code, Sections 901.01, Adoption of Building Code, 901.06, Permits, Inspections
and Fees, 901.08, State Surcharge, and 901.11, Construction Deposits.
A printed copy of the ordinance is available for inspection by any person during regular office
hours in the office of the City Manager at the Roseville City Hall, 2660 Civic Center Drive,
Roseville, Minnesota 55113. A copy of the ordinance and summary shall also be posted at the
Reference Desk of the Roseville Branch of the Ramsey County Library, 2180 Hamline Avenue
North, and on the Internet web page of the City of Roseville (www.ci.roseville.mn.us).
ATTEST:
Patrick Trudgeon, City Manager
:
Daniel J. Roe, Mayor
Page 1
���
�
REQUEST FOR COUNCIL ACTION
Department Approval
1/ �� ��_ .
Date: 11-30-2015
Item No.:
Item Description: Community Development Department Requests Approval of
Proposed Text Amendments of Roseville's City Code Chapter 905
Swimming Pools; including Sections 905.01 Permit Required, 905.03
Conditions, and 905.05 Regulated Pools.
BACKGROUND
2 Roseville's Building and Inspection Division seeks approval of text amendments to City Code
3 Chapter 905, Swimming Pools. The text amendments are for eliminating duplicate and
4 contradictory language with the adopted 2010 City Zoning Ordinance Section 1011.12B.4
5 Private Swimming Pools. Chapter 905 will retain other important regulations and additional
6 restrictions on multi-family pools in proximity to single-family areas. These changes do not add
7 any new permit types, or, increase or decrease the amount of fees collected for permits. Staff is
8 recommending changes to the following sections:
9 • 905.01: Permit Required
10 • 905.02: Application
11 • 905.03: Conditions
12 • 905.04: Multiple-Family Dwelling Areas
13 • 905.05: Regulated Pools
14 905.01: PERMIT REQUIRED:
15 A building permit shall be required for any swimming pool with a capacity over e� three
16 thousand (k3,000) gallons or with a depth of over *'�r�� ���*'2°` three feet and six inches � of
17 water. The permit fee shall be as listed in the most current Fees Resolution adopted by the City
18 Council.(Ord. 636, 11-9-70) (Ord. 1289, 8-4-2003, eff 1-1-2004)
19 905.03: CONDITIONS:
20 A. Location in Yard: See Section 1011.12.B.4. �^^' �'�^" �^*'��'^^^*��' �;*'�;� *�„ �, n` ��* ^�
21
22 . . ,
23 �� A�� i i �nnn�
24 B. Utility Lines: Pools shall not be located beneath overhead utility lines nor over underground
25 utility lines, „ ,- i,,,.�,-oa . ,;�i,;,, „ ,,,�o „ „�.i;,. ,,,;i;,., . ,�iv.<,,,., a,-,,;,,,,,�o „ ,,,�,o,.
26 �.
.,
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Page 1 of 3
31 a„�� ., �.rl,o,- ;,,4;-;,,�o,„o„�� , �a;.,�o„� ,� o,-�.,
32 �C.Access for Construction: All access for construction shall be over the owner's land and due
33 care shall be taken to avoid damage to public streets and adjacent private or public property.
34 �D.Backflush Water: to the extent feasible, backflush water or water from pool drainage shall
35 be directed onto the owner's property. Water shall not drain onto adjacent or nearby private
36 land. (Ord.1388, 2-22-2010)
37 . . �, >
38
39 �;ao„�;.,i ��,-,,,.�,,,-o .,ra ,,,,� „i,.�o,- ��,�„ �o„ r i m� o� �„ �, i,.� i;,,o
40 . .
41 . .
42 . � , � , . .
43 ��ao sz � �nn� o�� i i �nn��
, �
44 �E. Water: Water in the pool shall be maintained in a suitable manner to avoid health hazards of
45 any type. Such water shall be subject to periodic inspection by the City. (Ord. 1289, 8-4-
46 2003, eff 1-1-2004)
47 . � , � � , -
48 .
49 . .
50 .
51 �F. Safety Fencing: Required safety fencing shall be completely installed prior to fi]]ing a pool.
52 (Ord. 1289, 8-4-2003, eff 1-1-2004)
53 A�GNuisances: Nuisances such as undue noise, lighting of adjacent property, health and safety
54 hazards, damage to nearby vegetation and the like shall not be permitted.
55 A�H.Filling of Pool: Filling of pools from fire hydrants or other public facilities or drainage of
56 pools into public streets or other public drainage ways shall require permission of the
57 appropriate City officials. Drainage of a pool shall meet city and health agencies
58 requirements. (Ord. 1289, 8-4-2003, eff 1-1-2004)
59 9-I. Service Drop Conductors: No swimming pool shall be placed or constructed so as to be
60 under any service drop conductors and any other open overhead wiring, nor within ten (10)
61 feet horizontally from the pool edge, diving structure, observation stands, towers or
62 platforms. No service drop conductors and other open overhead wiring shall be installed
63 over or by any existing swimming pool except in conformance with this subsection. (Ord.
64 636, 11-9-70)
65 905.04: MULTIPLE-FAMILY DWELLING AREAS:
66 Private swimming pools intended for and used by the occupants of a multiple-family dwelling
67 and the guests of the occupants of said dwelling shall adhere to the following regulations:
68 A. Lot Lines: No part of the water surface of the swimming pool shall be less than fifty (50)
69 feet from any lot line.
70 B. Service Equipment: No pumps, filter or other apparatus used in connection with or to service
71 a swimming pool shall be located less than fifty (50) feet from any lot line.
72 C. Fencing: The pool area shall be adequately fenced to prevent uncontrolled access from the
73 street or adjacent property. Adequate screening, including, but not limited to, landscaping
74 shall be placed between the pool area and adjacent single-family district lot lines.
75 D. Deck Areas: All deck areas, adjacent patios and other similar areas used in conjunction with
76 the swimming pool shall be located at least thirty (30) feet from any lot line in an adjacent
77 single-family district. (Ord. 636, 11-9-70)
78
Page 2 of 3
• 1 1 1 � . \ � • •
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•. � . �. _ •.
..,� ...�. �:...y.,
9S POLICY OBJECTIVE
96 Staff periodically updates City Code and Zoning Ordinance language to eliminate duplicate and
97 contradictory language.
98
99
100
101
FINANCIAL IMPACTS
There are no financial impacts.
STAFF RECOMMENDATION
102 Based on the comments provided in this report, staff recommends approval of the proposed text
103 amendments to Roseville's City Code Chapter 905 Swimming Pools; including sections 905.01
104 Permit Required, 905.03 Conditions, and 905.05 Regulated Pools.
105
106
107
108
109
110
111
112
113
114
REQUESTED COUNCIL ACTION
Adopt an Ordinance amending selected text of Roseville's City Code Chapter 905 Swimming
Pools; including sections 905.01 Permit Required, 905.03 Conditions, and 905.05 Regulated
Pools.
Prepared by: Don Munson, Codes Coordinator
Attachments: A: Ordinance Amendment
B: Ordinance Summary
Page 3 of 3
ATTACHMENT A
City of Roseville
� ORDINANCE NO.
� AN ORDINANCE AMENDING SELECTED TEXT OF THE ROSEVILLE CITY CODE,
5 SWIMMING POOLS, SECTIONS 905.01, PERMIT REQUIRED, 905.03, CONDITIONS, AND
6 905.05, REGULATED POOLS
7 THE CITY OF ROSEVILLE ORDAINS:
8 SECTION:
� c 905.01: Permit Required
� � 905.02: Application
� �� 905.03 : Conditions
��s 905.04: Multiple-Family Dwelling Areas
�� �nc nc: no,�„i„�v,a u,.,,i�
� � 905.01: PERMIT REQUIRED:
� 6 A building permit shall be required for any swimming pool with a capacity over e�€ three thousand
�? (�3,000) gallons or with a depth of over *'�r�� ��* «O1 three feet and six inches (42� of water. The
� g permit fee shall be as listed in the most current Fees Resolution adopted by the City Council.(Ord. 636,
�� ll-9-70) (Ord. 1289, 8-4-2003, eff 1-1-2004)
20 905.03: CONDITIONS:
2� A. Location in Yard: See Section 1011.12.B.4.
22
23 . . , ,
2� B. Utility Lines: Pools shall not be located beneath overhead utility lines nar over underground utility
25 lines, � , , .
26 . . ,
27 ��.-,,,.�;,.,, �,..
28 1 A..,;.a rt u�ir'1�s�r-cirC�irv�iii�ic��6zrci�-l�ik��uc�ii���
29 .
,
30 ,.*t,o,- ;,,� ;,,,�o,,,o„�� , .,a;,, „� � o,-�.,
s� B:C.Access for Construction: All access for construction shall be over the owner's land and due care
3� shall be taken to avoid damage to public streets and adjacent private or public property.
s:, �D.Backflush Water: to the extent feasible, backflush water or water from pool drainage shall be
3�a directed onto the owner's property. Water shall not drain onto adjacent or nearby private land.
s5 (Ord.1388, 2-22-2010)
36 . . , ,
37
38 ra ��� „i„�o,- �t,.,r �v„ ii n� � o� �„ ., , i„� i;,,o
39 . .
Page 1 of 3
ATTACHMENT A
40 . .
41 . , , . . > >
42 �---�--��4}
4 a �E. Water: Water in the pool shall be maintained in a suitable manner to avoid health hazards of any
4� type. Such water shall be subject to periodic inspection by the City. (Ord. 1289, 8-4-2003, eff 1-1-
4:, 2004)
4 6 . , � , , �
47 .
48 . .
49 .
50 �F. Safety Fencing: Required safety fencing shall be completely installed prior to filling a pool. (Ord.
5 � 1289, 8-4-2003, eff 1-1-2004)
52 �G.Nuisances: Nuisances such as undue noise, lighting of adjacent property, health and safety hazards,
53 damage to nearby vegetation and the like shall not be permitted.
54 A�H.Filling of Pool: Filling of pools from fire hydrants or other public facilities or drainage of pools into
55 public streets or other public drainage ways shall require permission of the appropriate City
56 officials. Drainage of a pool shall meet city and health agencies requirements. (Ord. 1289, 8-4-
5 i 2003, eff 1-1-2004)
5� �I. Service Drop Conductors: No swimming pool shall be placed or constructed so as to be under any
59 service drop conductors and any other open overhead wiring, nor within ten (10) feet horizontally
6� from the pool edge, diving structure, observation stands, towers or platforms. No service drop
6�i conductors and other open overhead wiring shall be installed over or by any existing swimming
62 pool except in conformance with this subsection. (Ord. 636, ll-9-70)
6s 905.04: MULTIPLE-FAMILY DWELLING AREAS:
s� Private swimming pools intended for and used by the occupants of a multiple-family dwelling and the
6� guests of the occupants of said dwelling shall adhere to the following regulations:
s� A. Lot Lines: No part of the water surface of the swimming pool shall be less than fifty (50) feet from
6� any lo� line.
6� B. Service Equipment: No pumps, filter or other apparatus used in connection with or to service a
6g swimming pool shall be located less than fifty (50) feet from any lot line.
�o C. Fencing: The pool area shall be adequately fenced to prevent uncontrolled access from the street or
7� adjacent property. Adequate screening, including, but not limited to, landscaping shall be placed
72 between the pool area and adjacent single-family district lot lines.
�3 D. Deck Areas: All deck areas, adjacent patios and other similar areas used in conjunction with the
7� swimming pool shall be located at least thirty (30) feet from any lot line in an adjacent single-family
75 district. (Ord. 636, 11-9-70)
� � � • . _ � � • •
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ATTACHMENT A
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� .. . .. . .. . . .
.� • �. •.
91 SECTION 3. Effective Date. This ordinance amendment to the Roseville City Code shall take
92 effect upon passage and publication.
93 Passed this 30th day of November, 2015.
9�
9� BY:
9E;
9-:'
9� Daniel J. Roe, Mayor
gc�
� oo ATTEST:
10�
102
103
� o� Patrick Trudgeon, City Manager
105
Page 3 of 3
2
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• _ • �1:i►�I �1► _ _:
City of Roseville
ORDINANCE SUMMARY NO.
AN ORDINANCE AMENDING SELECTED TEXT OF THE ROSEVILLE CITY CODE,
SWIMMING POOLS, SECTIONS 905.01, PERMIT REQUIRED, 905.03, CONDITIONS,
AND 905.05, REGULATED POOLS
6 The following is the official summary of Ordinance No. approved by the City Council of
7 Roseville on November 30, 2015:
8
9 The Roseville City Code is hereby amended to modify/clarify specific requirements within the
10 Roseville City Code, Swimming Pools, Sections 905.01, Permit Required, 905.03, Conditions,
ll and 905.05, Regulated Pools.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
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28
A printed copy of the ordinance is available for inspection by any person during regular office
hours in the office of the City Manager at the Roseville City Hall, 2660 Civic Center Drive,
Roseville, Minnesota 55113. A copy of the ordinance and summary shall also be posted at the
Reference Desk of the Roseville Branch of the Ramsey County Library, 2180 Hamline Avenue
North, and on the Internet web page of the City of Roseville (www.ci.roseville.mn.us).
ATTEST:
Patrick Trudgeon, City Manager
I:
Daniel J. Roe, Mayor
Page 1 of 1
0
Item Description
���
�
REQUEST FOR COUNCIL ACTION
Agenda Date: 11/30/2015
Agenda Item: 12.a
City Manager Approval
Public Hearing to Consider Currency Exchange License Renewal for
2016: Pawn America Minnesota, LLC.
GENERAL SITE INFORMATION
Applicant:
Location:
Property Owner:
Pawn America Minnesota, LLC
1715 Rice Street
Osborn Properties
Land Use Context
i
� Existing Land Use
Site � McCarrons Hills Shopping Center
Norih I Retail (DQ) and One-family residential, detached
West � Multi-family residential (Brittany Apartments)
East Retail — City of Maplewood
South � Retail — City of Saint Paul
Guiding Zoning
CB CB
CB/LR CB/LDR-1
HD I HDR-1
REVIEW OF REQUEST
The following organization has applied to the Minnesota Department of Commerce and the City
of Roseville for the annual renewal and approval of their Currency Exchange Licenses for the
calendar year 2016:
• Pawn America Minnesota LLC, (License #20186066), 1715 North Rice Street
Minnesota Statutes Chapter 53A.04 requires the Department of Commerce to submit any
application for licensure as a currency exchange to the governing body of the municipality in
which the currency exchange conducts business. The law further requires the governing body of
the municipality to render a decision regarding the renewal of the license within 60 days.
State Statutes also require the City to published notice of its intention to consider the issue and
solicit testimony from interested persons prior to taking action on the renewal.
RCA_CurrencyExchange_2015 (2).doc
Page 1 of 2
16 BACKGROUND
�� Minnesota Statute 53A.04(a) states: "Within 30 days after receipt of a completed application,
�� the commissioner shall deny the application or submit the application to the governing body of
�� the local unit of government in which the applicant is located or is proposing to be located. The
2o commissioner may not approve the application without the concurrence of the governing body.
2� The governing shall give published notice of its intention to consider the issue and shall solicit
22 testimony from interested persons, including those in the community in which the applicant is
23 located or proposing to be located. If the governing body has not approved or disapproved the
2�� issue within 60 days of receipt of the application, concurrence is presumed. The commissioner
25 must approve or disapprove the application within 30 days from receiving the decision from the
2� governing body. The governing body shall have the sole responsibility of its decision. The state
2 Q shall have no responsibility for that decision."
2a
29
so
31
32
The City received the letter from the Minnesota Department of Commerce dated October 28,
2015, which affords the City Council until December 27, 2015, to hold the required hearing and
take action of the subject request.
STAFF COMMENTS
s3 The Community Development Staff and City Attorney have reviewed the request and determined
3�� that the request falls under the guidelines of permitted use within the Community Business
35 zoning district as a bank or financial institution.
s6 The Roseville Police Department has completed a review of the Pawn America site and has not
s7 experienced any incidents of concern at this site and will continue to work closely with Pawn
33 America and their check cashing operation. The Roseville Police Department does receive calls
39 from time to time pertaining to occurrences on the property (see Attachment B).
40
41
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43
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STAFF RECOMMENDATION
Staff recommends that the Roseville City Council approve the requests of Pawn America
Minnesota LLC, 1715 North Rice Street to renew their licenses to operate currency exchange
businesses, in the City of Roseville for the 2016 calendar year.
SUGGESTED CITY COUNCIL ACTION
By motion, recommend approval of the requests by Pawn America Minnesota LLC, 17t5
North Rice Street, Roseville to renew their licenses to operate currency exchange
businesses in Roseville for the 2016 calendar year.
Prepared by: City Planner Thomas Paschke 651-792-7074 � thomas.paschke@cityofroseville.com
Attachments: A: Site map
B: Police memo
RCA CurrencyExchange_2015 (2).doc
Page 2 of 2
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Lt. Scott Williams
Investigative Case Coordinator
Roseville Police Department
2660 Civic Center Drive
Roseville, Minnesota 55113
Desk: 651-792-7281
E-mail: scott.williams@ci.roseville.mn.us
Memo
To: Thomas Paschke
From: Lt. Scott Williams
CC: Chief Mathwig
Date: 11 /18/2015
Re: Pawn America Currency Exchange Renewal
I reviewed police calls for service and incidents originating from Pawn America, located at 1715 North
Rice Street. There were no issues or law enforcement concerns in the past year. Pawn America has
continued to be responsive to all police requests and consistently provides information in a timely
manner.
Pawn America continues to meet the surveillance requirements of the Roseville city ordinance. The
cameras adequately cover the interior of Pawn America and the exterior parking lot. The system is
sufficient quality to aid law enforcement in investigations.
Please let me know if you have any questions or concerns.
���
�
REQUEST FOR COUNCIL ACTION
Department Approval
._ �� --- G �----
Date:November 30, 2015
Item No.: 12.b
City Manager Approval
Item Description: Approve Resolution Approving the Vacation of an Easement at 311
County Road B
BACKGROUND
In l 988 a 20 foot wide easement was granted to the City of Roseville by deed for the construction of
a storm sewer and storm water ditch running through the property.
As part of a proposed development in this area, Farrington Estates, the developer's surveyar has
recommended the vacation of an existing easement running through the parcel at 3 ll County Road
B. This recommendation is based on the establishment of a new alignment for the existing storm
sewer to accommodate the new parcels as part of the development. As seen on the attached proposed
plat, Attachment C, FARRINGTON ESTATES, new drainage and utility easements would be
established throughout the lot to accommodate the re-aligned public storm sewer.
The vacation will be not be official until such time the City Manager executes and records a Notice
of Completion of this vacation. This will be done once a Final Plat has been approved by the City
Council. Therefore, staff is recommending the vacation of the easement running west to east on the
parcel located at 311 County Road B.
FiNANCIAL IMPACTS
There is no financial impact to the City of Roseville. The property owner will need to enter into a
Public Improvement Contract with the City to realign the City's sanitary sewer at their cost. All work
would need to be coinpleted to the satisfaction of the City Engineer.
STAFF RECOMMENDATION
Staff recommends that the City Council approve the attached resolution approving the vacation of the
easement running west to east on the parcel at 311 County Road B.
REQUESTED COUNCIL ACTION
Conduct a public hearing receiving any public comments related to the proposed easement vacation.
Approval of resolution approving the vacation of a sewer easement running west to east on the parcel
at 311 Counry Road B. The vacation will be subject to Council approval of the final plat.
Prepared by: Jesse Freiharrnner, City Engineer
Attachments: A: Resolution
B: Location Map
C: Draft Farrington Estates Plat
D: Aerial view of Subject Property
E: Proposed Grading & Utility Plan
Page 1 of 1
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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 duly held on the 30th day of November, 2015, at
6:00 p.m.
The following members were present: ; and and the following members were absent:
Councilmember introduced the following resolution and moved its adoption:
RESOLUTION NO.
APPROVING THE VACATION OF AN EASEMENT LOCATED ON LOT SEVEN (7),
MICHEL'S REARRANGMENT OF LOTS 9 TO 16 INCLUSIVE OF MACKUBIN &
IGLEHART ADDITION OF OUTLOTS TO ST. PAUL, EXCEPT THE EAST 240 FEET
OF THE SOUTH 200 FEET AND SUBJECT STATE HIGHWAY 36
WHEREAS, easement was dedicated to the City of Roseville by deed; and
WHEREAS, a Request has been filed with the City of Roseville requesting the vacation of said
sewer easement which lie within the following described real property:
A 20 foot easement the centerline described as follows;
Commencing at a point on the west lot line of Lot 7 of Michel's rearrangement
of Lots 9 to 16 inclusive Mackubin and Iglegart Addition 310 feet north of the
southwest corner of said Lot 7; thence northeasterly to a point on the east line of
said Lot 7, said point being 322.94 feet north of the southeast corner of said Lot
7 and there terminating, Ramsey County, Minnesota.
WHEREAS, after two weeks published and posted notice have been given as well as notice
having been mailed to all affected property owners according to Minnesota Statutes, a public
hearing was held on November 30, 2015 at which all persons interested in said vacation were
given an opportunity to be heard; and
WHEREAS, the Roseville City Council has determined that the vacation would be in the public
interest;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ROSEVILLE, MINNESOTA:
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2
That the City of Roseville hereby vacates the easement dedicated to the City by deed, which
lies within the following described real property:
A 20 foot easement the centerline described as follows;
Commencing at a point on the west lot line of Lot 7 of Michel's rearrangement
of Lots 9 to 16 inclusive Mackubin and Iglegart Addition 310 feet north of the
southwest corner of said Lot 7; thence northeasterly to a point on the east line of
said Lot 7, said point being 322.94 feet north of the southeast corner of said Lot
7 and there terminating, Ramsey County, Minnesota.
2. The vacation applies only to the easement which lies within the real property described in
Provision 1 above which were dedicated to the City by deed and not to: (a) the rights of
existing utilities, if any, and (b) any other easements running to or benefiting the City of
Roseville or the Metropolitan Council.
3. Contingent upon the establishment of new drainage and utility easements platted on this
property, the City Manager is directed to execute and record a Notice of Completion of this
vacation proceeding pursuant to Minnesota Statutes §412.851. The vacation authorized by
this Resolution shall not be effective until the Notice of Completion is recorded in the office
of the Ramsey County Recorder.
The motion was duly seconded by Councilmember and upon vote being taken thereon, the
following voted in favor thereof: ; and and the following voted against:
WHEREUPON said resolution was declared duly passed and adopted.
Reso[ution —Easement Vacation for Farrington Estates
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 30th day of November, 2015, with the original thereof on file in my office.
WITNESS MY HAND officially as such Manager this 30th day of November, 2015.
Patrick Trudgeon, City Manager
(SEAL)
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Department Approval
�:i �
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REQUEST FOR COUNCIL ACTION
Date: November 30, 2015
Item No.:
City Manager Approval
Item Description: Public Hearing to Consider Adopting a Resolution Creating the Economic Development
Authority (EDA), and Approval of Transfer of Housing & Redevelopment Authority Powers
to the EDA
BACKGROUND
� At the October 26, 2015 meeting, the City Council directed staff to begin the process to create an
Economic Development Authority (EDA) that would absorb as much of the Housing Redevelopment
Authority (HRA) functions, assets and obligations as is legally permissible. Notice of the public
hearing to establish an EDA was posted at City Hall and ran two consecutive weeks in the Roseville
� Review, as is required by State Statue 469.093.
In order to establish the EDA, the following process is required:
• The City Council must open a public hearing and take comment.
• After closing the public hearing, the City Council may approve an enabling resolution to create
� an EDA. (See Attachment A).
To transfer the programs, functions, assets and obligations, a three-step process is required:
1. The City Council approves a resolution authorizing a transfer from the HRA to the
newly formed EDA.
2. The HRA meets to initiate the transfer process.
• Originally, this was scheduled to occur on December 7th, but staff recognized
that it would be more efficient to do this on the same day as the EDA
organizational meeting. There will likely not be any other formal action by
the HRA on that date or into the future.
3. The EDA will have its organizational meeting on January 7th to elect officers, adopt
by-laws, and accept the transfer from the HRA. In addition contracts for third
parties services (for an EDA Attorney and for Housing Resource Center services)
will be considered by the EDA.
All documents for establishing the EDA have been drafted by Martha Ingram of Kennedy Graven.
POLICY OBJECTIVE
These actions are in accordance with the City Council's policy directions on October 26, 2015.
Page 1 of 2
BUDGET IMPLICATIONS
� Staff and legal services have been and will continue to be necessary as the City Council moves forward
with establishing the EDA.
STAFF RECOMMENDATION
1. Open the public hearing and take public comment.
2. Formally take action on the two resolutions that will create the EDA and approve the
organizational transfer of projects and programs of the HRA.
REQUESTED COUNCIL ACTION
1. Open the public hearing and take public comment.
2. Close the public hearing and offer a motion to approve or deny a resolution creating the
Roseville EDA (Attachment A).
3. Offer a motion to approve or deny a resolution authorizing the transfer of proj ects and programs
of the RHRA to the EDA (Attachment B).
Prepared by: Jeanne Kelsey, 651-792-7086
Attachments: A: Resolution enabling the creation of the Roseville EDA
B: Approve resolution of organizational matter for transferring projects and programs of the HRA
Page 2 of 2
Attachment A
1 EXTRACT OF MINUTES OF MEETING
2 OF THE
3 CITY COUNCIL OF THE CITY OF ROSEVILLE
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� � � � � � � � � � � � � � � � �
Pursuant to due call and notice thereof, a regular meeting of Che City Council of the City
of Roseville, County of Ramsey, Minnesota was duly held on the 30th day of November,
2015, at 6:00 p.m.
The following members were present:
and the following were absent:
Member introduced the following resolution and moved its adoption:
RESOLUTION No.
RESOLUTION ENABLING THE CREATION OF AN ECONOMIC
DEVELOPMENT AUTHORITY IN THE CITY OF ROSEVILLE, MINNESOTA
WHEREAS, the City is authorized by Minnesota Statutes, Sections 469.090 to
4691081 (the "EDA Act") to establish an economic development
authority to coordinate and administer economic development and
redevelopment plans and programs for the City, and is authorized by
Minnesota Statutes, Sections 469.001 to 469.047 (the "HRA Act") to
establish a housing and redevelopment authority to coordinate and
administer housing and redevelopment plans and programs for the City;
and
WHEREAS, by Resolution No. 100ll approved June 17, 2002, the City established the
Housing and Redevelopment Authority in and for the City of Roseville
(the "HRA"), for the purpose of coordinating and administering housing
and redevelopment projects and activities in and for the City; and
WHEREAS, the City Council has now determined to establish an economic
development authority pursuant to the EDA Act, and to transfer the
control, authority and operation of all housing and redevelopment projects
currently administered by the HRA to such newly established economic
development authority; and
WHEREAS, the City Council has, in accordance with Section 469.093 of the EDA Act,
provided public notice and conducted a public hearing on the date hereof,
at which all persons wishing to be heard were given an opportunity to
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Attachment A
express their views, concerning the establishment of an economic
development authority and the transfer of HRA powers;
NOW, THEREFORE, BE IT RESOLVED, that:
Section 1. Enabling Authority.
1.01. The Roseville Economic Development Authority (the "EDA") is hereby
established pursuant to this Enabling Resolution.
1.02. The EDA board of commissioners shall be composed of 5 members, who
shall be the members of the City Council. The terms of office of the members of the
EDA shall coincide with their terms of office as members of the City Council.
].03. A vacancy is created in the membership of the EDA when a City Council
member of the board of commissioners ends Council membership. A vacancy for this or
any other reason must be filled for a new term, or the balance of the uneXpired term, in
the manner in which the original appointment was made.
1.04. A commissioner may be removed by the City Council for inefficiency,
neglect of duty, or misconduct in office. A commissioner shall be removed only after a
hearing. A copy of the charges must be given to the commissioner at least 10 days before
the hearing. The commissioner must be given an opportunity to be heard in person or by
the counsel at the hearing. When written charges have been submitted against the
commissioner, the City Council may tempararily suspend the commissioner. If the City
Council finds that those charges have not been substantiaCed, the commissioner shall be
immediately reinstated. If a commissioner is removed, a record of the proceedings
together with the charges and findings shall be filed in the office of the City Manager.
1.05. The City Council shall make available to the EDA such appropriations as
it deems fit for salaries, fees, and eXpenses necessary in the conduct of its wark. The
EDA shall have authority to expend all budgeted sums so appropriated and recommend
the expenditures of other sums made available for its use from grants, gifts, and other
sources for the purposes and activities authorized by this resolution.
Section 2. Officers and Meetings.
2.01. The EDA shall elect a president, vice president, treasurer, assistant
treasurer, and secretary annually. A member must not serve as president and vice
president at the same time. The other offices may be held by the same member. The other
offices of the secretary and assistant treasurer need not be held by a member.
2.02. The EDA shall adopt rules and procedures not inconsistent with the
provisions of this Enabling Resolution or as provided in Section 469.096 of the Enabling
Act, and as may be necessary for the proper execution and conduct of its business. The
EDA shall adopt bylaws and rules to govern its procedures and for the transaction of its
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Attachment A
business and shall keep a record of attendance at its meetings and/or resolutions,
transactions, findings, and determinations showing the vote of each member on each
question requiring a vote, or if absent or abstaining from voting, indicating such fact. The
records of the EDA shall be a public record, except for those items classified by law as
nonpublic data.
2.03. The EDA shall meet at least annually. Special meetings may be called by
the president as needed.
2.04. All administrative procedures, including contract for services, purchases
of supplies, and financial transactions and duties, shall be outlined in the bylaws of the
EDA.
Section 3. Staff.
3.01. The City Manager shall be designated as Executive Director of the EDA.
3.02. Subject to limits set by the appropriations or other funds made available,
the EDA may employ such staff, technicians, and experts as may be deemed proper, and
may incur such other expenses as may be necessary and proper for the conduct of its
affairs.
Section 4. Functions, Powers, and Duties.
4.01. Except as specifically limited by the provisions of Section 6 of this
Enabling Resolution, the EDA shall have the authority granted it pursuant to the EDA
Act.
4.02. The EDA may be a limited partner in a partnership whose purpose is
consistent with the EDA's purpose.
4.03. The EDA may issue general obligation bonds and revenue bonds when
authorized by the Ciry Council and pledge as security for the bonds the full faith, credit,
and resources of the City or such revenues as may be generated by projects undertaken by
the EDA.
4.04. The EDA may cooperate with or act as agent far the federal or state
government or a state public body, or an agency or instrumentality of a government or
other public body to carry out the powers granted it by the EDA Act or any other related
federal, state, or local law in the area of economic development district improvement.
4.05. The EDA may annually develop and present an economic development
strategy and present it to the City Council for consideration and approval.
4.06. The EDA may join an official, industrial, commercial, or trade association
or other organization concerned with such purposes, hold reception of officials who may
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Attachment A
contribute to advancing the Ciry and its economic development, and carry out other
appropriate public relations activities to promote the city and its economic development.
4.07. The EDA may perform such other duties which may be lawfully assigned
to it by the Ciry.
All city employees shall, upon request and within a reasonable time, furnish the EDA or
its employees or agents such available records or information as may be required in its
work. The EDA or its employees or agents may, in the performance of official duties,
enter upon lands and make examinations or surveys in the same manner as other
authorized City agents or employees and shall have such other powers as are required for
the performance of official functions in carrying out the purposes of this resolution.
Section 5. Limitations of Power.
5.01. The following limits apply to the EDA and its operation:
(a) The sale of bonds or other obligations of the EDA must be
approved by the City Council.
(b) The EDA must follow the budget process for City departments in
accordance with City policies, ordinances, and resolutions and the Ciry charter.
(c) Development and redevelopment actions of the EDA must be in
conformity to the City comprehensive plan and official controls implementing the
comprehensive plan.
(d) The EDA must submit its plans for development and
redevelopment to the Ciry Council for approval in accordance with City planning
procedures and laws.
(e) Except when previously pledged by the EDA, the City Council
may, by resolution, require the EDA to transfer any portion of the reserves
generated by activities of the EDA that the City Council determines are not
necessary for the successful operation of the EDA to the debt service funds of the
city to be used solely to reduce tax levies for bonded indebtedness of the City.
(� The administrative structure and management practices and
policies of the EDA must be approved by the City Council.
(g) The EDA shall submit all planned activities for influencing the
action of any other governmental agency, subdivision, or body to the City Council
for approval.
5.02. The EDA may exercise all the powers under the EDA Act, including, but
not limited to, the following:
�
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(a)
(b)
469.134.
Attachment A
all powers under the HRA Act.
all powers of a city under Minnesota Statutes, Section 469.124 to
(c) all powers and duties of a redevelopment agency under Minnesota
Statutes, Sections 469.152 to 469.165 for a purpose in the HRA Act or the EDA
Act, and all powers and duties in the HRA Act and the EDA Act for a purpose in
Minnesota Statutes, Sections 469.152 to 469.]65.
(d) the authority to acquire property, eXercise the right of eminent
domain; make contracts for the purpose of redevelopment and economic
development; serve as a limited partner in a partnership whose purpose is
consistent with the EDA's purpose; buy supplies and materials needed to carry
out development within the EDA Act; and operate and maintain public parking
facilities.
(e) the authority to issue bonds in accordance with the EDA Act and
the HRA Act.
(� the authority to levy special benefit taxes in accordance with
Section 469.033, subdivision 6 of the HRA Act in order to pay or finance public
redevelopment costs (as defined in the HRA Act), subject to approval by the City
Council in accordance with Section 469.033, subdivision 6.
(g) all powers under Minnesota Statutes, Sections 469.474 to 469179.
5.03. As provided in the EDA Act, it is the intention of the City Council that
nothing in this resolution nor any activities of the EDA are to be construed to impair the
obligations of the City or HRA under any of their contracts or to affect in any detrimental
manner the rights and privileges of a holder of a bond or other obligation heretofore
issued by the City or the HRA.
Section 6. Implementation.
6.01. The City Council will from time to time and at the appropriate time adopt
such ordinances and resolutions as are required and permitted by the EDA Act to give
full effect to this resolution.
6.02. The Mayor, the City Administrator, and other appropriate City officials
are authorized and directed to take the actions and execute and deliver the documents
necessary to give full effect to this resolution.
6.03. Nothing in this resolution is intended to prevent the City from modifying
this Enabling Resolution to impose new or different limitations on the EDA as authorized
by the EDA Act.
5
Attachment A
2 The motion for the adoption of the foregoing resolution was duly seconded by Member
3
4 , and upon a vote being taken thereon, the following voted in favor thereof:
5
6 and the following voted against the same: none.
7
8 WHEREUPON said resolution was declared duly passed and adopted.
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Resolution enabling the creation of an economic development authoriry in the Ciry of Roseville.
STATE OF MINNESOTA
COUNTY OF RAMSEY
)
) ss
)
Attachment A
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 30th day of November, 2015 with the original thereof on file in my office.
WITNESS MY HAND officially as such Manager this day of , 20] 5.
7
Patrick Trudgeon, City Manager
Attachment B
1 EXTRACT OF MINUTES OF MEETING
2 OF THE
3 CITY COUNCIL OF THE CITY OF ROSEVILLE
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� � � � � � � � � � � � � � � � �
Pursuant to due call and notice thereof, a regular meeting of Che City Council of the City
of Roseville, County of Ramsey, Minnesota was duly held on the 30th day of November,
2015, at 6:00 p.m.
The following members were present:
and the following were absent: .
Member introduced the following resolution and moved its adoption:
RESOLUTION No.
RESOLUTION RELATING TO THE ROSEVILLE ECONOMIC DEVELOPMENT
AUTHORITY; TRANSFERRING CERTAIN PROJECTS AND PROGRAMS TO
THAT AUTHORITY; APPROVING CERTAIN ORGANIZATIONAL MATTERS
WHEREAS, on the date hereof, the City Council duly adopted Resolution No. _(the
"Enabling Ordinance"), providing for the creation of the Roseville Economic
Development Authority (the "EDA") pursuant to Minnesota Statutes,
Chapter 469 (the "Act"); and
WHEREAS, pursuant to the Act, the EDA is authorized to exercise all of the powers of a
housing and redevelopment authority; and
WHEREAS, there now exists in the City a housing and redevelopment authority ("HRA")
created pursuant to the Act, and the Act authorizes the City Council to
transfer all projects and programs of the HRA to the EDA;
NOW, THEREFORE, BE IT RESOLVED, that
l. Pursuant to Section 469.094, Subdivision 2, of the Act, and following a duly
noticed public hearing held on the date hereof at which all interested persons were given the
opportunity to be heard, the City Council hereby transfers the control, authority and
operation of all "projects" as defined in the Act, and all other programs and projects of the
HRA, to the EDA.
2. The transfer described herein is conditioned upon acceptance by the EDA of
such transfer and a covenant and pledge by the EDA that the EDA is obligated to perform
all agreements, pledges, covenants and undertakings heretofore entered into by the HRA.
]
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Attachment B
3. The City Manager is authorized and directed to transmit a certified copy of
this Resolution to the Executive Director of the EDA and to other governmental officers as
appropriate.
4. Pursuant to Section 469.100, subd. 2 of the Act, the Council directs the EDA
to submit the EDA's budget for each fiscal year to the City at the time designated by the City
Manager but no later than August 1 of each year.
5. Pursuant to Section 469.100, subd. 4 of the Act, the Council directs the EDA
to submit the EDA's written annual report to the City on or before the date of the EDA's
annual meeting. The Council directs the City Manager to specify the form of the report.
6. The Mayor, City Manager and all other officers and employees of the City
are authorized and directed to take whatever action and to execute and deliver such
documents that are necessary to give effect to this Resolution.
The motion for the adoption of the foregoing resolution was duly seconded by Member
, and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same: none.
WHEREUPON said resolution was declared duly passed and adopted.
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Resolution trnnsferring /wusing and redevelopmenX powers to the Rosevil[e economic deve(opment authoriry.
STATE OF MINNESOTA
COUNTY OF RAMSEY
)
) ss
)
Attachment B
I, the undersigned, being the duly qualified City Manager of the Ciry 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 30th day of November, 2015 with the original thereof on file in my office.
WITNESS MY HAND officially as such Manager this day of , 2015.
3
Patrick Trudgeon, City Manager
Department Approval
�. �: �
Item Description
��
.r-
REQUEST FOR COUNCIL ACTION
Date: 11 /30/15
Item No.: 13.a
City Manager Approval
Hearing to Solicit Public Comment on the 2016 Budget & Tax Levy
BACKGROUND
� At the April 20, 2015 City Council meeting the Council established a 2016 Budget Calendar which
outlined a series of steps to establish an eventual budget. The calendar is as follows:
2016 Budget Calendar
Departmental Budget Presentations .............................................................. May 27, June 1, 2015
Discussion on City Council Budget Goals & Priorities ............................................ June 15, 2015
Present the City Manager Recommended Budget ..................................................... July 13, 2015
Present the City Manager Recommended Budget to the Finance Commission ........ July 14, 2015
Preliminary Budget Hearing ................................................................................. August 10, 2015
Joint Meeting with the Finance Commission/Review CIP Funding Strategies.... August 17, 2015
Adopt the Preliminary Budget ......................................................................... September 14, 2015
Continue Discussions on the Budget/Review Water & Sewer Fees ....................October 19, 2015
Final Budget Hearing .......................................................................................November 30, 2015
Adopt the 2016 Water & Sewer Rates .............................................................November 30, 2015
Adopt the 2016 Final Budget ............................................................................. December 7, 2015
A PowerPoint summary outlining the recommended 2016 Budget & Tax Levy will be presented at the
Council meeting and is included in Attachment A.
POLICY OBJECTIVE
Establishing long-term financial plans and planning processes is consistent with municipal best
� practices as well as the goals and objectives established by the City Council.
FINANCIAL IMPACTS
Not applicable.
STAFF RECOMMENDATION
Not applicable.
REQUESTED COUNCIL ACTION
For information purposes only. No formal Council action is required.
Page 1 of 2
Prepared by: Chris Miller, Finance Director
Attachments: A: 2016 Budget & Tax Levy Presentation
Page 2 of 2
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Department Approval
�. �: �
Item Description
��
.r-
REQUEST FOR COUNCIL ACTION
Date: 11 /3 0/15
Item No.: ] 3.b
City Manager Approval
Consider Adopting the 2016 Utility Rate Adjustments
BACKGROUND
� Over the past several months, City Staff has been reviewing the City's utilities operations to determine
whether customer rate adjustments are necessary for 2016. The analysis included a review of the City's
water, sanitary sewer, storm drainage, and curbside recycling operations.
The information presented below includes an analysis of these operations, some historical water usage
information, and a series of rate comparisons with peer communities. Each of these are presented in
separate sections.
Operational Review
Staff's analysis of its utility operations included a review of the following:
0 Fixed costs including personnel, supplies and maintenance, and other costs that are generally
independent of the amount of water purchased or wastewater that is generated.
0 Tlariable costs including the purchase of water from the City of St. Paul, water treatment costs
paid to the Metropolitan Council, and recycling contractor costs paid to Eureka.
0 Capital replacement costs.
0 Customer counts and consumption patterns, rate structure, and rates.
Based on an analysis of these costs and customer consumption patterns, Staff is recommending a
number of fee adjustments for 2016. The need for these adjustments are presented in greater detail in
subsequent sections.
Based on Staff's recommendation, the estimated quarterly impact on a typical single-family home is
shown in the following table.
Page 1 of 14
Utility Rate Impact: Single Family Home
Service
Water - base fee
Water - usage fee
Sanitary Sewer - base fee
Sanitary Sewer - usage fee
Storm Sewer
Recycling
Total per Quarter
Avg. Water consumption (1,000 gals.)
Avg. Sewer consumption (1,000 gals.)
2015 2016 Increase % Increase
51.60 51.60 -
33.75 33.75 -
35.40 35.40 - �
21.45 23.40 1.95
12.00 12.35 0.35
5.50 5.60 0.10
$ 159.70 $ 162.10 $ 2.40 1.50%
15 I I
13
For 2016 a typical single-family home will pay an estimated $162.10 per quarter, or $54.03 per month.
This is an increase of $0.80 per month from 2015. More detailed information for each operating
division can be found below.
Water Operations
The City's water operation provides City customers with safe potable water, as well as on-demand
water pressure sufficient to meet the City's fire protection needs. The following table provides a
summary of the 2015 and 2016 (proposed) Budget excluding capital:
2015 2016 $ Increase % Increase
Bud�et Budget (Decrease) (Decrease�
Revenues
Customer Charges $ 7,375,650 $ 7,487,750 $ 1 12,100 1.5%
Interest Earnings - 1,000 1,000 0.0%
Total $7,375,650 $7,488,750 $ 113,100 1.5%
Expenses
Personal Services $ 603,000 $ 642,800 $ 39,800 6.6%
Supplies & Materials 79,900 82,100 2,200 2.8%
Depreciation 600,000 600,000 - 0.0%
Other Serviccs & Charges 5,839,750 5,793,850 (45,900) -0.8%
Total $ 7,122,650 $ 7,118,750 $ (3,900) -0.1 %
Net Available for Capital $ 253,000 $ 370,000
- For 2016, overall costs are expected to decline 0.1 %. Costs associated with assigned personnel are
expected to increase 6.6% which includes a 2°/o cost-of-living adjustment and a 5°/o increase for
� healthcare costs. It also includes additional monies for an intern position to avail mare resources for the
utility billing function. These added costs will be offset by a decline in water purchases and energy
costs.
The single largest operating cost for the water operation is the purchase of wholesale water from the St.
Paul Regional Water System. SPRWS Officials have informed us that there will not be an inerease in
the cost of purchasing wholesale water in 2016.
Because overall expenditures and scheduled capital improvements are largely unchanged, both the
water base and usage fee can remain the same as it was in 2015.
Page 2 of 14
Sanitary Sewer Operations
The City maintains a sanitary sewer collection system to ensure the general public's health and general
welfare. The following table provides a summary of the 2015 and 2016 (proposed) Budget excluding
capital:
Revenues
Customer Charges
Interest Earnings
Expenses
Personal Serviccs
Supplies & Materials
Depreciation
Other Services & Charges
2015 2016 $ Increase °/o Increase
Bud�et Bud�et (Dearease) (Decrease)
$ 4,839,5 ] 5 $ 5,032,745 $ 193,230 4.0%
5,000 5,000 - 0.0%
Total $4,844,515 $5,037,745 $ 193,230 4.0%
$ 432,000
48,900
500,000
3,256,550
Total $4,237,450
$ 469,200
50,200
500,000
3,374,550
$ 4,393,950
Net Available for Capital $ 607,065 $ 643,795
$ 37,200
1,300
1 l 8,000
$ 156,500
8.6%
2.7%
0.0%
3.6%
3.7%
For 2016, overall costs are expected to rise 3.7%. Costs associated with assigned personnel are
expected to increase 8.6% which includes a 2% cost-of-living adjustment and a 5% increase for
healthcare costs. It also includes additional monies for an intern position to avail more resources far the
� utility billing function.
The single largest operating cost to the sanitary sewer operation is the wastewater treatment costs paid
to the Metropolitan Council Environmental Services Division (MCES). Based on projected sewer
flows and treatment costs provided by the MCES, the budget for this category has been increased by
$110,000 and appears in the `Other Services & Charges' category.
The added operating costs will require an increase in the sanitary sewer usage fee charged to customers.
However, the base fee which is used to fund capital replacements can remain the same as it was in
2015.
Storm Drainage Operations
The City provides for the management of storm water drainage to prevent flooding and pollution
control, as well as the street sweeping program. The following table provides a summary of the 2015
and 2016 (proposed) Budget excluding capital:
Page 3 of 14
Revenues
Customer Charges
Interest Earnings
Expenses
Personal Services
Supplies & Materials
Depreciation
Other Services & Charges
2015 2016 $ Increase °/o Increase
Bud�et Bu� (Decrease� (Dccrease)
$ 1,620,160 $1,645,685 $ 25,525 1.6%
30,000 35,000 5,000 16.7%
Total $1,650,160 $ 1,680,685 $ 30,525 1.8%
$ 380,000
81,000
510,000
262,700
Total $ 1,233,700
$ 397,600
83,500
510,000
271,200
$1,262,300
$
$
17,600 4.6%
2,500 3.1%
- 0.0%
8,500 3.2%
28,600 23%
Net Available for Capital $ 416,460 $ 418,385
For 2016, overall costs are expected to rise 2.3%. Costs associated with assigned personnel are
expected to increase 4.6% which includes a 2% cost-of-living adjustment and a 5% increase for
healthcare costs. The added operating costs will require an increase in the stormwater fee charged to
customers in 2016.
Recycling Operations
The recycling operation provides for the contracted curbside recycling pickup throughout the City and
related administrative costs. The primary operating cost is the amounts paid to a contractor to pick up
recycling materials.
The following table provides a summary of the 2015 and 2016 (proposed) Budget:
Revenues
Base Fec Rcvenue
Usage Fee Revenue
SCORE Grant
Revenue Sharing
Interest Earnings
Expenses
Personal Services
Supplies & Materials
Other Serviccs & Charges
Net From Operations
2015
Bud�et
$ 309,200
65,000
l 40,000
1,000
Total $ 515,200
2016 $ lncrease % Increase
Budget (Decrease) (Decrease)
$ 346,000 $ 36,800 ll.9%
- - 0.0%
89,200 24,200 372%
48,000 (92,000) -65.7%
1,000 - 0.0%
$ 484,200 $ (3 l ,000) -6.0%
$ 36,500 $ 36,800 $ 300 0.8%
700 2,000 1,300 185.7%
448,410 453,410 5,000 1.1 %
Total $ 485,610 $ 492,210 $ 6,600 1.4%
$ 29,590 $ (8,010)
For 2016, overall costs are expected to rise 1.4%.
Under the existing contract, the City originally expected to receive an estimated $140,000 annually in
revenue sharing from Eureka Recycling. However, the volume of recycled materials while strong
compared to other municipalities, has remained largely unchanged while at the same time the re-sale
market for collected materials has proven to be less lucrative than previously estimated due to lower
demand. Based on recent revenue sharing monies received, the City should expect only $40,000 -
$55,000 in 2016.
Page 4 of 14
The increased contractor costs and decline in revenue sharing dollars will require an increase in the
� recycling fee charged to customers in 2016.
,
Recommended Rates for 2016
�. �; As noted above, a typical single-family home will pay $162.10 per quarter, or $54.03 per month under
��: > the recommended rates. The following tables provide a more detailed breakdown of the proposed rates.
�..
Water Base Rate CateEorv
Single-Family Residential
Single-Family Residentia]: Low-Income Discount
Non-SF Residential (5/8" Meter)
Non-SF Residential (1.0° Meter)
Non-SF Residential (1.5"Meter)
Non-SF Residential (2.0" Meter)
Non-SF Residential (3.0" Meter)
Non-SF Residential (4.0" Meter)
Non-SF Residential (6.0" Meter)
Water Usa�e Rate Cate�orv
SF ResidentiaL• Up to 30,000 galsJqtr
SF Residential: Over 30,000 galsJqtr (winter rate)
SF Residential: Over 30,000 galsJqtr (summer rate)
Non-SF Residential (winter rate)
Non-SF Residential (summer rate)
Rates are per 1,000 gallons
Sewer Base Rate Cate�orv
Single-Family Residential
Single-Family Residential: Low-Income Discount
Multi-Family Residential (townhomes)
Multi-Family Residential (apartments & condos)
Non-SF Residential (5/8" Meter)
Non-SF Residential (1.0"Meter)
Non-SF Residenrial (LS"Meter)
Non-SF Residential (2.0" Meter)
Non-SF Residenrial (3.0" Meter)
Non-SF Residential (4.0° Meter)
Non-SF Residential (6.0" Meter)
Multi-family rate is per housing unit
Sewer Usage Rate Cate�orv
Re sidential
Non-Residential
Rates are per 1,000 gallons
2015
Rate
$ 51.60
33.50
51.60
64.50
103.00
193.50
387.00
774.00
1,548.00
2015
Rate
$ 2.25
2.50
2.70
2.95
3.15
2015
Rate
$ 35.40
23.00
35.40
24.90
26.50
53.00
79.50
124.00
260.00
515.00
1,025.00
2015
Rate
$ 1.65
3.85
2016
Rate
$ 51.60
33.50
51.60
64.50
103.00
193.50
387.00
774.00
1,548.00
2016
Rate
$ 2.25
2.50
2.70
2.95
3.15
2016
Rate
$ 35.40
23.00
3 5.40
24.90
26.50
53.00
79.50
124.00
260.00
515.00
1,025.00
2016
Rate
$ 1.80
4.20
Comments
Standard SF rate
Standard SF rate x 0.65
Standard SF rate
Standard SF rate x 1.25
Standard SF rate x 2.00
Standard SF rate x 3.75
Standard SF rate x 7.50
Standard SF rate x 15.00
Standard SF rate x 30.00
Comments
Standard SF rate
Standard SF rate +10%
Standard SF rate +20°/o
Standard SF rate +30%
Standard SF rate +40%
Comments
Standard SF rate
Standard SF rate x 0.65
Standard SF rate x 1.00
Standard SF rate x 0.70
Standard SF rate x 0.75
Standard SF rate x 1.50
Standard SF rate x 2.25
Standard SF rate x 3.50
Standard SF rate x 7.25
Standard SF rate x 14.50
Standard SF rate x 29.00
Comments
Standard rate
Standard rate x 2.30
Page 5 of 14
127
Stormwater Base Rate Cate�orv
Single-Family Residential & Duplex
Multi-Family & Churcl�es
Cemeteries & Golf Course
Parks
Schools & Community Centers
Commercial & Industrial
zois
Rate
$ 12.00
92.75
930
27.90
46.45
l 83.65
Rates for single-family are per housing unit; all others are per acre
Recycling Rate Cate�orv
Single-Family
Multi-Family
ao16
Rate
$ 12.35
95.55
930
28.75
46.45
191.00
2015 2016
Rate Rate
$ 5.50 $ 5.60
5.50 5.60
Comments
Standard SF rate
Standa�-d SF rate x 7.75
Standard SF rate x 0.75
Standard SF rate x 2.3 5
Standard SF rate x 3.75
Standard SF rate x 15.50
Comments
Standard rate
Standard rate
Water Usage History
The series of graphs presented below depict water customer consumption patterns over the past 8 years
beginning with a depiction of the citywide water consumption.
1
Citywide Water Usage (000's gals.)
As indicated in the graph, citywide consumption has generally been falling over the past 8 years — a
21% reduction since 2007. With aggregate data it's difficult to conclude whether water customers are
modifying their behavior or if the volume is decreasing for other reasons such as the loss of high-water
users (manufacturing, hotels, apartments, etc.) or higher summertime rainfall totals.
As we'll discuss further below, the average monthly summertime rainfall totals have increased
somewhat since 2009, however during this same period the City has seen growth in housing units, retail
establishments, and other commercial uses. The bottom line is that overall consumption has declined,
while the City has grown.
The next graph depicts the average quarterlX wintertime usage for single-family homes.
Page 6 of 14
15
14
13
12
11
10
9
8
7
6
5
SF Homes Water Usage (000's gals.)
November - March
2007-'08 08-'09 09-'10 10-'ll 11-'12 12-'13 13-'14 14-'15
■ Avg. Consumption (Gals.)
The average overall usage for single-family homes in the wintertime has remained largely unchanged
since 2007 with a variance of only 1,000 gallons from year to year. During this same period, the water
usage fee initially increased, then declined, and then increased again.
On the surface, the data suggests that customer behavior and consumption patterns were not influenced
by changes in the water usage fees in either direction. This may have occurred because the financial
incentive or penalty to modify a household's behavior was not large enough. Then again, it could mean
that most households simply held to an established standard of personal hygiene, cleanliness, etc.
This seems to be evidenced when the water usage fee dropped from $2.35 per thousand gallons in 2008
to $1.85 in 2009 as part of an overall rate structure change. This effectively lowered the cost of
consumption by 20%. Despite these favorable circumstances, household usage remained unchanged.
Finally, we can look at the average quarterly summertime usage for single-family homes.
45
40 -
35 i
30 i
25 -i
20 i
15 -I
10 -�
5
157
SF Homes: Avg Water Usage/Captured
April - September
�
2008 2009 2010 2011 2012 2013 2014 2015
■ Avg. Consumption (Gals.) Avg. Rainfall (Gals.)
Page 7 of 14
In this instance, we need to also track rainfall totals because it can influence how much water
� households use for lawn & garden use. As the graph indicates, over the past 8 years the average overall
� usage/captured volume of water for single-family homes in the summertime ranged from 31,000
� gallons per quarter to 39,000.
,;
�: Not surprisingly, the data suggests that customer behavior and consumption patterns are directly
�� influenced by rainfall. Clearly, customers reduced their summertime consumption during heavier
� rainfall periods. Changes in water usage fees didn't seem to be a factor on how much water was used.
��� � Once again, it appears that customers are making a conscious decision to maintain an established
��, standard — in this case a healthy looking lawn and garden.
�
� It should be noted that the 2015 consumption totals are skewed somewhat higher as discovered during
�� the meter change-out program. Approximately 15% of all residential accounts had water usage that had
� previously gone unrecorded but was added back to the customer totals during this period.
1 z.
Rate Comparisons
The graphs below depict a number of water and sewer rate comparisons with other peer communities.
For this analysis, peer communities include 1 st ring suburbs that serve a population between 18,000 and
50,000, and which are not simply an extension of a larger entity's system. This group was selected to
try and approximate cities with stand-alone systems with similar age of infrastructure which can have a
significant influence on the cost of water and sewer services.
It should be noted that broad comparisons only give a cursory look at how one community compares to
another. One must also incorporate each City's individual philosophy in funding programs and
services.
Far example, Roseville does NOT utilize assessments to pay for water or sewer infrastructure
replacements like many other cities do. Instead we fund infrastructure replacements 100% through the
rates. As a result, Roseville's water and sewer rates are inherently higher when compared to a City that
uses assessments to pay for improvements. Other influences on the rates include whether or not a
community softens its water befare sending it on to customers, and the extent in which communities
charge higher rates to non-residential customers.
The following chart depicts the peer group comparison for combined wate� base rate and usage rate for
a single-family home that uses 15,000 gallons per quarter.
Page 8 of 14
�ioo
$so
�60
$40
$20
2015 Water Fee Comparison
���� ���� ��� ��, ��� ���� ���� ��5 ����
G� �"C� G'C,� ��54 ��� � �� ��1�0 ��Fj
��� ��� �0 4� �a,e�� �ti� 4-
4��0o go g�,' �o ����`
G
195
196
�� As is shown in the graph, Roseville's total water charge is the highest in the comparison group. Again,
�:: there are numerous circumstances and policy preferences that can lead to varying rates among cities.
�� � One of the primary reasons why Roseville's water rates are higher is due to the significant increase in
z� � infrastructure replacements in recent years, which unlike many other cities, are funded solely by the
z rates.
�
The following chart depicts the peer group comparison for combined sewer base rate and usage rate for
�� a single-family home that uses 13,000 gallons per quarter.
�
2015 Sewer Fee Comparison
�ioo -
$go
$60
�
$40
. ��� ti�� �� ���� �ti�� ��� ��� �ti�'� ����
I ��ti�o �-,�,� ��54 05� ,�� c�, � 4 ��ti G�
�ti� � �,o � ���'� �� �,��fi
G���4 ��• �o �o �'��o
2�, - - -
2O: ,
2:,:; In this comparison, Roseville sewer charges were less than the median. To get a broader perspective,
2 the following chart depicts the combined water and sewer impact for a typical single-family home for
z the comparison group.
Page 9 of 14
�160
$140
$120 �
$100
$80
2015 Water & Sewer Fee Comparison
��- ��� �,��� ��ti �,��,^� ��,5 ��fi� �,��� ��tie,
•�54 . �� ��� � G�' ���0 w �1`a' S�
y°� �y ��� �,��.� �o��� ���,� �,o
S�'' S° ��o° o��� CS° �
G
When combined, Roseville is approximately 19% above the average for the peer group.
However, it should be noted that most of the cities shown in the chart that have lower utility rates,
happen to have much higher property tax rates. This is an important distinction because again, each
City employs a different philosophy in how it funds the direct and indirect costs of providing services.
Roseville's philosophy is to ensure that all indirect costs are reflected in the water and sewer rates. This
results in higher water and sewer rates. This also means that we don't have as many indirect costs
being supported by the property tax or assessments.
This can be somewhat reflected in the graph below which combines property taxes and water & sewer
fees for a typical single-family home.
$2,400
$2,200
$2,000
$1,800
$1,600
$1,400
$1,200
$1,000
22s
229
230
2015 Taxes + Water & Sewer Comparison
ti���� ���� • 5 �� ����� ���� . ����b � ���� �����,� ����5
e, 4 ti
�� �'~ � S ��' fi fi �
�" ti° �,�' � ���' �ti� ,o��
��,' �o C�o ��oo ����'
G
Page 10 of 14
� As is shown in this graph, when looking at more comprehensive comparison that factors in a broader
z spectrum of needs and funding philosophies, Roseville has one of the lowest financial impacts on
z��� residents of the comparison group — approximately 13% below the peer average. Once again, we must
z� also look at other factors and local preferences to determine whether there are other influences affecting
� � property taxes and rates.
z�� � Staff will be available at the Commission meeting to address any inquiries.
�:
� POLICY OBJECTIVE
�� An annual review of the City's utility rate structure is consistent with governmental best practices to
��� ensure that each utility operation is financially sound.
FINANCIAL IMPACTS
See above.
STAFF RECOMMENDATION
�� Based on the increasing costs noted above, Staff is recommending rate adjustments as shown in the
�_ attached resolution.
_ REQUESTED COUNCIL ACTION
_� The Council is asked to consider adopting the attached resolution establishing the 2016 Utility Rates.
Prepared by: Chris Miller, Finance Director
Attachments: A: Resolution establishing the 2016 Utility Rates
Page 11 of 14
Attachment A
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 duly held on the 30th day of November, 2015 at 6:00 p.m.
The following members were present:
and the following were absent:
Member introduced the following resolution and moved its adoption:
RESOLUTION
RESOLUTION ESTABLISHING THE 2016 UTILITY RATES
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Roseville, Minnesota, the
water, sanitary sewer, storm drainage, and recycling rates are established for 2016 as follows:
Water Base Rate Cate�orv
Single-Family Residential
Single-Family ResidentiaL• Low-Income Discount
Non-SF Residential (5/8" Meter)
Non-SF Residential (1.0°Meter)
Non-SF Residential (1.5°Meter)
Non-SF Residential (2.0" Meter)
Non-SF Residenrial (3.0" Meter)
Non-SF Residenrial (4.0° Meter)
Non-SF Residential (6.0" Meter)
Water Usa�e Rate Cate�orv
SF ResidentiaL Up to 30,000 gals./qtr
SF Residential: Over 30,000 gals./qtr (winter rate)
SF Residential: Over 30,000 gals./qtr (surnmer rate)
Non-SF Residanrial (wintar rata)
Non-SF Residential (summer rate)
Rates are per 1,000 gallons
2015
Rate
$ 51.60
33.50
51.60
64.50
103.00
193.50
387.00
774.00
1,548.00
2015
Rate
$ 2.25
2.50
2.70
2.95
3.15
2016
Rate
$ 51.60
33.50
51.60
64.50
103.00
193.50
387.00
774.00
1,548.00
2016
Rate
$ 2.25
2.50
2.70
2.95
3.15
Comments
Standard SF rate
Standard SF rate x 0.65
Standard SF rate
Standard SF rate x 1.25
Standard SF rate x 2.00
Standard SF rate x 3.75
Standard SF rate x 7.50
Standard SF rate x 15.00
Standard SF rate x 30.00
Comments
Standard SF rate
Standard SF rate +I 0%
Standard SF rate +20%
Standard SF rate +30%
Standard SF rate +40%
Page 12 of 14
�
:,:
2 �+
Sewer Base Rate Categorv
Single-Family Residential
Single-Family Residential: Low-Income Discount
Mu1ri-Family Residential (townhomes)
Multi-Family Residential (apartments & condos)
Non-SF Residential (5/8" Meter)
Non-SF Residential (1.0"Meter)
Non-SF Residentiial (1.5 ° Meter)
Non-SF Residential (2.0" Meter)
Non-SF Residential (3.0° Meter)
Non-SF Residential (4.0" Meter)
Non-SF Residential (6.0" Meter)
Multi-family rate is per housing unit
Sewer Usa�e Rate Categorv
Residential
Non-Residential
Rates are per 1,000 gallons
Stormwater Base Rate Categorv
Single-Family Residential & Duplex
Multi-Family & Churches
Cemeteries & Golf Course
Parks
Schools & Commluuty Centers
Commercial & Industrial
2015
Rate
$ 35.40
23.00
35.40
24.90
26.50
53.00
79.50
124.00
260.00
515.00
1,025.00
2015
Rate
$ 1.65
3.85
2015
Rate
$ 12.00
92.75
9.30
27.90
46.45
183.65
Rates for single-family are per housing unit; all others are per acre
Recvcling Rate CateEorv
Single-Family
Multi-Family
2016
Rate
$ 35.40
23 .00
35.40
24.90
26.50
53.00
79.50
124.00
260.00
5 I 5.00
1,025.00
2016
Rate
$ 1.80
4.20
2016
Rate
$ 12.35
95.55
9.30
28.75
46.45
191.00
2015 2016
Rate Rate
$ 5.50 $ 5.60
5.50 5.60
Comments
Standard SF rate
Standard SF rate x 0.65
Standard SF rate x 1.00
Standard SF rate x 0.70
Standard SF rate x 0.75
Standard SF rate x 1.50
Standard SF rate x 2.25
Standard SF rate x 3.50
Standard SF rate x 7.25
Standard SF rate x 14.50
Standard SF rate x 29.00
Comments
Standard rate
Standardrate x 2.30
Comments
Standard SF rate
Standard SF rate x 7.75
Standard SF rate x 0.75
Standard SF rate x 235
Standard SF rate x 3.75
Standard SF rate x 15.50
Comments
Standard rate
Standard rate
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
WHEREUPON, said resolution was declared duly passed and adopted.
State of Minnesota)
) SS
County of Ramsey)
Page 13 of 14
_ I, undersigned, being the duly qualified City Manager of the City of Roseville, County of Ramsey, State
1� of Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of
2� minutes of a regular meeting of said City Council held on the 30th day of November, 2015 with the
. original thereof on file in my office.
s��: � WITNESS MY HAND officially as such Manager this 30h day of November, 2015.
3{'
_ Patrick Trudgeon
�. City Manager
� Seal
�.�
Page 14 of 14
���
�
REQUEST FOR COUNCIL ACTION
Department Approval
Date: 11/30/2015
Item No.:
City Manager Approval
Item Description: Review Structure of Roseville Advisory Commissions
BACKGROUND
On October 5 the City Council held a joint meeting with the Human Rights Commission and
directed staff to schedule a more comprehensive review of all advisory commissions at a
subsequent meeting.
POLICY OBJECTIVE
Review existing advisory commissions.
BUDGET IMPLICATIONS
Not applicable.
STAFF RECOMMENDATION
Review structure of Roseville advisory commissions and direct staff if changes or additional
discussions are necessary.
REQUESTED COUNCIL ACTION
Review and discuss structure of Roseville advisory commissions.
Prepared by: Kari Collins, Assistant to the City Manager/City Clerk
Page 1 of 1
���
�
REQUEST FOR COUNCIL ACTION
Department Approval
..�-��-, �------
Item Description: Transit Shelter Franchise Discussion
BACKGROUND
Date: November 30, 2015
Item No.:
City Manager Approval
In April of 2005 the Roseville City Council adopted Ordinance No.1317 Granting a Non-
Exclusive Transit Stop Shelter Franchise to Transtop Minnesota, Inc. subject to the terms,
conditions and requirements of Chapter 1207 of the Roseville City Code (see Attachment A).
This franchise agreement together with Chapter 1207 of the City Code, provides for the right for
the franchisee to erect and maintain transit shelters at several locations within the City of
Roseville. The 20 locations were recommended by the Public Warks, Environment, and
Transportation Commission in 2005 and were approved by the City Council at the same time the
franchise was granted. The agreement established a ten year term with two iive year extension
options.
Since that time, Transtop Minnesota, Inc., has been purchased by CBS Outdoors and then this
division was spun off into a separate company, OutFront Media. The franchise agreement has
remained valid through this transition and the responsible company has kept up with the required
maintenance.
Far the past ten years this arrangement has worked relatively well, and the City has received
several thousand dollars per year in additional revenue as stipulated in the franchise agreement.
There have been times where the City has had to notify the franchisee of required maintenance
after receiving complaints from the public, but the response time was generally satisfactory. As
the term of the franchise was nearing expiration, the City did not have reasons to deny an
extension as provided in the franchise agreement.
Earlier this year, OutFront Media lost business in adjacent Cities for similar services and
therefore began a discussion with the City about the possibility of not extending the agreement.
The discussions seemed to be heading towards a"trial" extension whereby OutFront would
attempt to perform the required maintenance with a smaller work force, but recently they have
given formal notice that they will not be extending the franchise agreement and are therefore
looking for a resolution to the transfer of ownership for the transit shelters.
OutFront has offered the shelters to us at a purchase price of $1000 per shelter. For the 20
shelters that would be $20,000. If we were to purchase the shelters out right the City would need
to identify a funding mechanism to pay for the ongoing maintenance of the shelters, including
snow removal, trash pick-up, general cleaning, and structure maintenance. We could offer to
purchase a reduced number of the shelters as well. The Public Worlcs, Environment and
Transportation Commission plans to have a short discussion of this item at their November
Page 1 of 3
� meeting and may discuss which shelters should be a higher priority based on the number of
. boarding's at the stop.
. OutFront has had discussions with Metro Transit about selling the shelters to them in the event
. the City did not want to purchase them. Staff has followed up on this and learned that Metro
� Transit does not have any interest in purchasing the shelters.
� Metro Transit has faced considerable criticism and scrutiny over the past few years about where
., transit shelters have been installed in the past. The criticism centers around the fact that many of
-, the locations with shelters located in more affluent areas of the Metro had lower ridership than
� bus stops within low income areas without shelters. Metro Transit has since adopted mare
detailed guidance on where shelters will be installed (see Attachment C which was printed from
� the Metro Transit web site).
-� Given this, there is no guarantee that if the existing shelters are removed that we could expect to
�: see Metro Transit installed shelters at these locations in the future. Additionally, even if Metro
Transit were to someday install some shelters in the City, they currently do not provide snow
removal or trash service at their shelter locations which would be a dramatic difference in the
�: level of service currently experienced at our existing shelters.
��� Please also note the 20 shelters referenced above and shown on the attached map include two
5 shelters at Snelling Ave and County Road B. Those shelters have been removed in anticipation
��� of the new enhanced stations that are being installed for the A Line Bus Rapid Transit (BRT)
�- service along Snelling Ave that will be in operation next year. Construction on those stations just
: recently started. If the franchise agreement had remained active, the City would have worked
with the PWET Commission and the City Council to identify two new locations for those
shelters. Currently the shelters are being stored in the Public Works Maintenance Yard.
DiscussioN
� Staff will present this information along with some more detailed information on this program
r� � and the possible outcomes at the Council meeting. We are seeking direction from the City
��� Council on what to do with the shelters given that the franchise arrangement no longer seems
�:� sustainable. To review, staff is presenting two options to consider:
�� 1. Allow the franchise agreement with OutFront Media to expire and, as per the terms of the
e� agreement, require them to remove the shelters and restore the sites to the previous
E:� condition or a negotiated final condition (i.e. leave the concrete pads in place).
h� 2. Purchase the shelters (all or some) from OutFront Media and leave the shelters in place.
� In order to fund the maintenance of the shelters release a Request for Proposals to sell
` advertising on the shelters and collect revenue from those advertisement sales. The
�: advertisement sales would also be used to offset the purchase price over time.
s��� Staff has contacted a separate advertisement firm to discuss their interest in taking over the
�� franchise agreement. This firm, Intersection, which recently won the contract to provide
; advertisements on Metro Transit vehicles and stations, indicated they would not be interested in
; assuming the same ownership and maintenance responsibilities but would be interested in selling
- the ad space and sharing the revenues. OutFront Media also indicated they would be interested in
- that service. Therefore staff anticipates we would receive at least two proposals if we were to
issue an RFP.
Page 2 of 3
FINANCIAL IMPLICATIONS
Based on the Council's direction to staff, the City may incur a cost of up to $20,000 to purchase
the transit shelters. It is recommended that the Engineering Services fund be used to fund the
purchase of the shelters if so desired. This fund receives revenue from right-of-way and erosion
control permits as well as fees for engineering services provided to the City of Falcon Heights
and funds the Right-of-Way Coordinator position and part of the Civil Engineer position in the
Public Warks Department. The fund would be repaid with future revenues from advertisement
sales over a period of time.
STAFF RECOMMENDATION
Receive presentation and provide direction to staff.
REQUESTED COUNCIL ACTION
Provide direction to staff on whether or not to purchase the 20 transit shelters from OutFront
Media.
Prepared by: Marc Culver, Public Works Director
Attachment A: City Code Chapter 1207
Attachment B: Transit Shelter Locations Map
Attachment C: Metro Transit Guidelines for Shelter Placement
Attachment D: Shelter Ridership Map
Page 3 of 3
Attachment A
CHAPTER 1207
NON EXCLUSIVE TRANSIT STOP SHELTER FRANCHISE
SECTION:
1207.01: Statutory Authority
1207.02: Rights and Privileges of Franchisees
1207.03: Scope of Franchise
1207.04: Term-Renewal
1207.05:
1207.06:
1207.07:
1207.08:
1207.09:
1207.10:
1207.11:
1207.12:
1207.13:
1207.14:
1207.15:
1207.16:
1207.17:
1207.18:
1207.19:
1207.20:
1207.21:
1207.22:
1207.23:
1207.24:
1207.25:
1207.26:
1207.27:
1207.28:
1207.29:
Purpose:
Commencement of Term
Area
Police Powers
Other Franchises
Notices
Basic Service Installation Schedule & Design
Maintenance
Advertising
Locations
Alteration of Services
Fee for Franchise-Minimum Fee
Accounts and Records
Insurance and Security
Indemnification
City Responsibilities
Reserved
Assignment or Transfer
Performance Bond or Optional Letter of Credit
Removal of Shelter
Public Works to Regulate Installation
Forfeiture
Disposition of Shelters on Expiration of Franchise
Nondiscrimination
Severability
Incorporation into Roseville City Code
The City desires to implement a program (the "Transit Shelter Program") pursuant to which illuminated
transit shelters will be installed and maintained in compliance with this Franchise Ordinance at certain transit
stop sites to be identified from time to time by the City, Transit Authority, and franchisees. The City desires
to engage the services of franchisees with respect to the Transit Shelter Program upon the terms, covenants
and conditions hereinafter set forth.
1207.01: STATUTORY AUTHORITY:
Acting pursuant to the authority granted to the City of Roseville by the Minnesota State Legislature pursuant
to Minnesota Statutes, Section 160.27, Subdivision 2, the Council of the City of Roseville does hereby adopt
a nonexclusive transit stop shelter franchise procedure subject to all the terms and conditions set forth in this
franchise ordinance.
1207.02: RIGHTS AND PRIVILEGES OF FRANCHISEES:
Any franchise granted by the City under this Ordinance shall grant to the franchisee the right to install,
repair, and maintain transit shelters with affixed advertising, at active transit stop sites within the City of
Roseville, on any street, and county road and state highway right-of-way with proper permits, at the
franchisee's sole cost and expense for the convenience and comfort of persons waiting for transit. The
transit shelters and advertising displayed thereon shall be subject to the limits and conditions set forth in this
franchise ordinance as may be amended from time to time by the City.
1207.03: SCOPE OF FRANCHISE:
Upon adoption of an ordinance granting a franchise to a particular franchisee and execution of the
acceptance thereof by the franchisee, the franchisee shall be bound by all the terms and conditions contained
herein. The franchisee shall also provide all services set forth in its application and by its acceptance of the
franchise. In the event of a conflict between the application made by the franchisee and the provisions of
this ordinance, that provision which provides the greatest benefit to the City in the opinion of the City
Council shall prevail.
1207.04: TERM-RENEWAL:
The franchise shall remain in full force and effect for an initial period as speciiied by the grant of the
franchise. The initial period shall not exceed ten (10) years; provided, however, that the City may revoke the
franchisee's right to use or occupy any portion of any street, alley, right-of-way or other City property. The
franchisee may be granted by the City the option to extend the franchise on such terms and conditions as may
be mutually acceptable to the City and the franchisee, for up to two (2) additional terms. Each additional
term shall be one-half the length of the initial term. The franchisee may exercise each extension option by
providing written notice of such exercise to the City within sixty (60) days prior to the end of the then
current term of the franchise. Notwithstanding the foregoing, the franchisee shall not have the right to
exercise an extension option while an uncured default by it exists with respect to this ordinance.
1207.05: COMMENCEMENT OF TERM:
The franchise term shall commence with the effective date of the ordinance granting a specific franchise;
provided, that the franchisee has filed within thirty (30) days after publication of this ordinance a written
acceptance hereof with the City Manager in such form as the City Attorney may approve; and provided, that
a bond ar letter of credit as specified in Section 22 hereof and the evidence of comprehensive liability
insurance, which are required by this ordinance, shall have been approved and have been filed with the City
Manager within ninety (90) days after the grant of the franchise.
1207.06: AREA:
A franchise is granted for the area of the City of Roseville, as it exists and as its borders may from time to
time be changed, as is specified in the franchisee's proposal and the ardinance granting the specific
franchise.
1207.07: POLICE POWERS:
In accepting a franchise, the franchisee acknowledges that its rights hereunder are subject to the police power
of the City to adopt and enforce general ordinances necessary to the safety and welfare of the public; and it
agrees to comply with all applicable general laws and ordinances enacted by the City pursuant to such
power.
1207.08: OTHER FRANCHISES:
Transit stop shelters with advertising displayed thereon shall only be allowed to occupy or use a right-of-way
of any street or highway within the City of Roseville with and under the terms of a franchise as granted to a
particular franchisee. This shall apply to shelters constructed by Metro Transit only if the Council
specifically determined to make this ordinance applicable to Metro Transit. The City may grant franchises to
multiple persons during the term of this franchise, subject to the provisions of this ordinance regarding
number and placements of such shelters, and locations as identified in the ordinance granting the franchise.
(Ord. 1318, 04-11-2005)
1207.09: NOTICES:
All notices from the franchisee to the City as required by this franchise ordinance shall be to the Director of
the Department of Public Works unless otherwise stated herein. The franchisee shall maintain throughout
the term of the franchise a local office and address for service of notices by mail. The franchisee shall also
maintain with the City a local office and telephone number for the conduct of matters related to this franchise
open during normal business hours. The franchisee will provide an emergency phone number for response
after normal business hours. (Ord. 1318, 04-11-2005)
1207.10: BASIC SERVICE, INSTALLATION SCHEDULE & DESIGN:
Franchisees shall furnish, install, repair and maintain safe, clean and attractive illuminated transit shelters
with revenue generating advertisements. In connection therewith, franchisees shall provide all materials,
supplies, equipment, services and personnel at their sole cost and expense without any cost or expense to the
City. All transit shelters shall: (i) be installed within one hundred eighty (180) days of the City's issuance of
the applicable permits and licenses, (ii) contain inside lighting to illuminate the inner area of each shelter
from dusk to dawn; and (iii) be equipped with a minimum of one bench and one trash receptacle to be
emptied on a regular basis by the franchisee. The design of the transit shelters and site plan with
improvements therein shall be submitted to and approved by the Public Works Director. The inaximum size
of a shelter shall be ten (10) feet in height, fourteen (14) feet in length, and five (5) feet in width erected
upon a concrete pad of a size approved by the Public Works Director. The length of a shelter shall be
determined by the Public Works Director and shall be dependent upon the number of buses or vehicles and
users that frequent the bus stop. The franchisee shall meet all local, state and federal requirements applicable
to bus shelters, their placement, and their use for public transit services. (Ord. 1318, 04-ll-2005)
1207.11: MAINTENANCE:
Franchisees shall maintain all shelters to the reasonable satisfaction of the Director of Public Works as set
out below. The transit shelters shall be maintained a minimum of once a week ar more frequently and on an
as needed basis based on specific site needs at the discretion of the Director of Public Works with such
maintenance to include sweeping, cleaning, emptying trash receptacles, picking-up litter/debris about the
shelter, removing graffiti/stickers, removal of ice and snow from sidewalks constructed by the Franchisee
leading to public sidewalks in a manner such that each shelter shall be fully accessible within 12 hours of a
snow fall or other weather event. Franchisees shall power-wash the shelters and sidewalks at least once each
month, weather permitting.
Franchisees shall inspect each shelter a minimum of once a week, or more frequently and on an as needed
basis, based on speciiic site needs for any damaged or broken parts or burned-out lighting fixtures and
franchisees shall repair or replace damaged or broken parts and burned-out lighting fixtures within forty-
eight (48) hours after they become aware of the damage, breakage, or burn-out, or at the time of weekly
maintenance, whichever is sooner. (Ord. ] 318, 04-11-2005)
1207.12: ADVERTISING:
Each transit shelter installed by franchisees shall contain panels for advertising displays as specified in the
franchisee's proposal and ordinance granting the particular franchise. Such displays shall be used solely for
advertising materials and/or public service announcements. Franchisees shall use their best reasonable
efforts to obtain revenue-generating advertisements for the advertising display panels, except where unsold
advertising panels shall be available for City use on a space-available basis, and the City will provide the
posters to the Franchisee for posting in the shelters.
Advertising size and placement shall be as follows: The shelter signage may be up to two (2) four (4) feet by
six (6) feet advertising panels in a 2-sided display aff�ixed to the end wall of the shelter (or parallel to the road
on a narrow right of way application) and perpendicular to the roadway curb or edge viewable from one or
both ends of the shelter. Signage on shelters shall require permits as required by Chapter 703.05 of this
code. (Ord. l 349, 5-21-2007)
Except with respect to the quarterly fee payable to the City pursuant to Section 15 hereof, franchisees shall
have the right to retain all revenues generated from the advertising displays on all transit shelters. Under no
circumstances shall any advertising display contain indecent or vulgar pictures, graphics or language ar
include advertising for any alcohol or tobacco products. Franchisees shall not display advertising relating to
contraception, pornography, politics or religion. Franchisees shall remove within forty-eight (48) hours after
their receipt of the City's written notification requesting such removal, any advertisements which the City in
its reasonable discretion deems to be offensive to the Community, or in conflict with the City's health, safety
and welfare concerns. In the event that a franchisee fails to remove such advertisements within such forty-
eight (48) hour period, the City may remove the materials at the franchisee's sole cost and expense. (Ord.
1318, 04-11-2005)
1207.13: LOCATIONS:
Location of Transit Shelters: A franchisee shall erect transit shelters at those locations that are mutually
agreed upon by the City and the franchisee, but only after a permit is approved by the Public Works Director.
The Public Works Director shall determine the location of shelters based on need, and so as to assure that
shelters do not unnecessarily impede pedestrian traffic, or line of sight and traffic safety. All transit shelters
shall be erected on public rights-of-way, or private property with written authorization from the property
owner(s), and shall be subject to all rules, regulations and ordinances governing the use of such rights-of-
way. Prior to erecting any such shelters at any locations, the franchisee shall secure any necessary approval
andlor zoning variance that may be required from any governmental entity. The Public Works and
Transportation Commission will review site applications of the franchisee and hold a hearing for public input
regarding proposed locations.
1207.14: ALTERATION OF SERVICES:
In the event that the City desires at any time to alter or change the nature or character of the services to be
provided by the franchisee and such alteration or change materially increases the costs and expenses to be
incurred by the franchisee or materially reduces the advertising revenues that can be generated by the
franchisee, such alterations or changes shall not be effective until the City and the franchisee have mutually
agreed to and executed an amendment to this Franchise Ordinance, which amendment may include an
adjustrnent to the City's fee under Section 15 hereof.
1207.15: FEE FOR FRANCHISE-MINIMUM FEE:
In consideration of the award of the franchise by the City, franchisees shall pay the City a fee based upon the
annual gross revenue collected that the franchisee derives from advertising on shelters located within the
City in accordance with the terms of the ordinance granting the franchise and as follows:
Payments and a quarterly report on operations and revenue shall be made thirty (30) days after the
close of each quarter of the year. The "gross revenue" as used in this ordinance shall mean all
advertising revenue derived directly or indirectly by the franchisee, its affiliates, subsidiaries, a parent
company or corporation or any person in which the franchisee has a iinancial interest, from or in
connection with the operation of the franchise priar to any deduction; provided, however, that this
shall not include any taxes on services furnished by the franchisee herein imposed directly upon any
advertiser by the City, state or other governmental unit and collected by the franchisee on behalf of
said governmental unit.
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A franchisee shall lceep books of accounts and records of all transactions and costs incurred in connection
with the purchase, manufacture and installation of the shelters and advertising on shelters, showing all
financial transactions including receipts and disbursements and the particulars thereof in a form satisfactory
to the City of Roseville Finance Director. Such books and records shall be available to the City for
inspection any time during normal business hours upon forty-eight (48) hours prior written notice thereof to
the franchisee. All such boolcs and records shall be retained by the franchisee for a minimum of five (5)
years.
Franchisees shall file annually with the City no later than one hundred twenty (120) days after the end of the
franchisee's fiscal year, a copy of a financial report applicable to the Roseville Transit Shelter System,
including an income statement relating to its operations during the fiscal year and a balance sheet, both of
which shall be certified as correct by an independent certified public accountant, and a statement of its
properties, equipment and facilities which are located upon the streets, highways and public places within the
City giving its investment in such facilities on the basis of original cost, less applicable depreciation. These
reports shall be certified as correct by an authorized officer of the franchisee and shall be submitted along
with such other reasonable information as the City shall request with respect to the franchisee's facilities and
expenses related to its transit stop shelter system operations within the City.
Franchisees shall also file with the City Manager copies of their articles of incorporation, bylaws, agreements
with any other person relating to the ownership of the transit stop shelter system, and amendments of such
documents as they become effective.
120717: INSURANCE AND SECURITY:
Franchisees shall procure and maintain at their own cost the following insurance coverage:
a) Workers compensation insurance in accordance with the Minnesota Workmen's
Compensation Act.
b) Commercial general liability insurance with minimum limits of $150,000 per person and
$1,000,000 per occurrence.
c) Comprehensive automobile liability insurance with minimum limits for bodily injury and
property damage of $150,000 per person and $1,000,000 per occurrence.
The foregoing insurance coverage shall be procured and maintained with insurers that are reasonably
acceptable to the City. The liability insurance policies shall be endorsed to include the City as an additional
insured. If the above limits are less than those specified in Minn. Stat. Ch. 466 as the liability limits of a
municipality, the higher limits shall apply.
The policy shall be of type in which coverage is restored immediately after the occurrence of any loss or
accident from which liability may thereafter accrue. The policy shall contain an endorsement which shall
provide that no cancellation shall become effective without thirty (30) days' prior written notice to the City
of intent to cancel or not to renew. In the event such insurance is cancelled and the franchisee shall fail to
iminediately replace it with another equivalent policy, the City may terminate their franchise and declare it to
be forfeited.
1207.18: INDEMNIFICATION:
Franchisees shall defend, indemnify and hold harmless the City, its officers, agents, representatives and
employees from and against all liability, claims, demands and expenses (including court costs and reasonable
attorneys fees), on account of any injury, loss or damage, arising out of or in connection with construction,
operation, maintenance, location, or removal of any transit stop shelter owned by franchisee. (Ord. 1318, 04-
11-2005)
1207.19: CITY RESPONSIBILITIES:
The City shall provide franchisees with all available information (including the location of road right-of-way
and utilities) which is relevant to the Transit Shelter Program together with the necessary guidance and
direction to achieve the Program's objectives. In consideration of the City's use of the transit shelters at no
cost, the City hereby assures access to and use of the nearest electrical power and waives all permit and use
fees for each transit shelter covered by this Ordinance. Provided that each transit shelter complies fully with
the provisions of this Ordinance and all applicable provisions of the City's Municipal Code, all necessary
permits for the installation and/or maintenance of the transit shelters shall be granted by the City. The
process for obtaining such permits shall be expedited by all city departments to assure that shelters are
installed within one hundred eighty (180) days.
1207.20: RESERVED:
1207.21: ASSIGNMENT OR TRANSFER:
A franchisee shall not assign or transfer its rights, duties and obligations under the franchise, in whole or in
part, without first obtaining the written consent of the City, provided, however, that the City's consent shall
not be required with respect to any assignment by the franchisee to any person or entity that controls, is
controlled by, ar under common control with the franchisee or which merges with or into the franchisee or
acquires substantially all of the assets of the franchisee.
1207.22: PERFORMANCE BOND OR OPTIONAL LETTER OF CREDIT:
A franchisee shall post with the City a performance bond guaranteeing its performance of the obligations of
the franchise, as created by this ordinance, and the ordinance granting the particular franchise. The amount
of the bond shall be as specified in the Ordinance granting the particular franchise. The bond shall be issued
by a company licensed to do business in Minnesota, and shall be in a form acceptable to the City Attorney.
In lieu of the performance bond the franchisee may elect to give the Ciry an irrevocable letter of credit in the
bond amount issued by a bank in the metropolitan area. The letter of credit shall provide that it may be
drawn upon under the same circumstance as a surety would be subject to a claim under its performance bond,
except that the letter of credit shall be subject to a draw without any previous demand upon, or notice to the
franchisee. The letter of credit shall also be subject to a draw if it is effective far a limited term and is not
replaced by a replacement letter of credit at least thirty (30) days before expiration. The letter of credit shall
also be in a form approved by the City attorney and shall be on file with the City Manager and remain so
until three hundred sixty-five (365) days after the expiration or termination of the franchise. The City shall
give the Franchisee seven (7) days' notice of its intent to draw on a letter of credit.
1207.23: REMOVAL OF SHELTER:
Franchisees shall within thirty (30) days after receipt of written notice from the City remove any transit
shelters that are located at discontinued transit stop sites or which the City reasonably determines are in
condition of substantial disrepair or deteriorated condition such as to pose a health or safety hazard or
diminution of value to the abutting properties. Additionally, franchisees shall relocate any transit shelters
within thirty (30) days after their receipt of a written request to do so by the City as a result of
redevelopment, traffic hazards or changes in bLis routes. Any such relocation of a transit shelter shall be to a
location mutually agreeable to both parties, but only after issuance of all necessary permits by the Director of
Public Works.
1207.24: PUBLIC WORKS TO REGULATE INSTALLATION:
The Director of Public Works shall regulate the installation of transit shelters and if, in the opinion of the
Director of Public Works, a shelter installation is hazardous, the Directar may arder a franchisee to take
necessary steps at its own cost to remove or relocate the shelter or make the necessary repairs to correct the
hazard. The Director of Public Works shall have the right to conduct reasonable inspections of shelters for
this purpose.
In regulating the installation of shelters, the Director of Public Works shall regulate the size of shelters
installed, its orientation or placement on the site, and any preparatory or remedial site work. When the City
has approved a location plan, a franchisee shall submit detailed amended plans showing any discrepancies
between the site plan approved and the work completed.
1207.25: FORFEITURE:
A. The City shall, in addition to any other rights it may have, have the right to declare that a franchisee has
forfeited a franchise in the event of a substantial breach of its terms and conditions, including, but not
limited to, the following circumstances:
(1) If the franchisee becomes insolvent ar is declared bankrupt or makes any assignment for the
benefit of its creditors; and
(2) If the franchisee assigns or transfers ar attempts to assign ar transfer the franchise, or sells or
leases or attempts to sell or lease any of its shelters without the Council's permission; or
(3) If the franchisee fails to install shelters on schedule as required by this Franchise Ordinance ar
the grant of the particular franchise, or fails to conform to the specifications contained in its
application or the invitation for applications, or fails to construct the shelters in a
workmanlike manner to the satisfaction of the Director of Public Works and in conformity
with City ordinances and codes, or if the franchisee refuses or neglects when so ordered to
take down, rebuild or repair any defective or unsatisfactory work or to maintain the shelter as
required herein; or
(4) If the franchisee fails to remove any shelter when ordered to do so in accordance with this
ardinance; or
(5) If the franchisee refuses or neglects to comply with any reasonable order of the Director of
Public Works; or
(6) If the franchisee persists in any course of conduct in violation of any of the provisions of this
ardinance; ar
(7) If the City receives notice of intention not to renew or the franchisee fails to keep in force its
insurance, required herein.
B. The Director of Public Worlcs may make a written demand by certified mail that a franchisee comply
with any such provision, rule order or determination under or pursuant to this franchise. Such notice
shall be entitled "Forfeiture and Termination Notice." If the violation by the franchisee continues for
a period of thirty (30) days or more following such written demand, without having been corrected or
remedied, the matter of forfeiture and termination of the franchise shall then be taken before the City
Council. The City shall cause to be served upon the franchisee at least twenty (20) days prior to the
date of such Council meeting a written notice of intent to terminate the franchise, including the time
and place of the meeting. Public notice shall be given of the meeting and the issue which the Council
is to consider. The City Council, or a cominittee thereof, shall hear and consider the issue and the
Council shall, in its discretion, determine whether there has been a substantial breach. If the Council
determines that there has been a substantial breach, the franchisee shall have such period of time as
the Council may set, but not less than thirty (30) days in which to cure the substantial breach;
provided, that no opportunity for cure need be given for fraud or misrepresentation or for
circumstances which may immediately adversely affect the public health, safety or welfare. At the
eXpiration of the period of time set for compliance, the Council may terminate the franchise forthwith
upon finding that the franchisee has failed to cure the breach.
C. Unless otherwise approved by the City, upon termination of this franchise, the franchisee shall
remove all transit shelters and support equipment and apparatus installed by it pursuant to this
Franchise Ordinance, within sixty (60) days of termination. However, the Director of Public Works
may grant permission to the Franchisee to leave all or any portion of the infrastructure on terms and
conditions established by the Director. If, after ninety 90 days of the termination date, the franchisee
has not removed all equipment and facilities that may be located along, over or under any street or
highway within the City, the franchisee shall forfeit said improvements to the City. The performance
bond or letter of credit posted in accordance with Section 22 shall remain posted to insure that the
streets, highways and public places from which such equipment is removed shall be placed in good
condition. (Ord. 1318, 04-11-2005)
1207.26: DISPOSITION OF SHELTERS ON EXPIRATION OF FRANCHISE:
A. In the event that the franchise expires and is not renewed, the City may purchase the shelters and
facilities then in place upon such terms and for such consideration as may be agreed to by the
City and the franchisee prior to the expiration of the franchise. If prior to the expiration of the
franchise or within ninety (90) days following such expiration the City elects to award a franchise
to any other person or company, and the City elects to have the new franchisee operate and
maintain the shelters which have been installed pursuant to this franchise, then the new franchisee
shall purchase such shelters on such terms and for such consideration as may be agreed to by the
new franchisee and the prior franchisee.
B. Notwithstanding the provisions of paragraph A of this section, in the event that the term of this
franchise expires and the City and franchisee have not renewed the franchised for an additional
term, the franchisee shall at its own expense remove all of the shelters and facilities which it has
installed or caused to be installed upon or below the public streets and highways or public places
of the City and shall restore the streets and highways of the City to their former condition in a
manner satisfactory in the judgment of the Director of Public Works. If the franchisee fails to
remove all such shelters and facilities within ninety (90) days after the expiration of the franchise,
the City may have the shelters and facilities removed and require the franchisee to pay the cost of
such removal. In the event that the shelters and facilities have not been sold pursuant to
paragraph A of this section or removed by the franchisee, all right and title to the shelters shall be
deemed to have passed to and vested in the City. The franchisee agrees that in such
circumstances it will execute such documents as the City Attorney may require to transfer the title
to such shelters and facilities.
1207.27: NONDISCRIMINATION:
The franchisee, its agents, employees, contractors and subcontractors shall at all times comply with the
provision of the City of Roseville Code and applicable state and federal law regarding nondiscrimination and
civil rights in connection with its services provided pursuant to this Franchise Ordinance. (Ord. 1324, 08-08-
2005)
1207.28: SEVERABILITY:
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity of the remaining portions thereof.
1207.29: INCORPORATION IN ROSEVILLE CITY CODE:
This Ordinance shall be deemed a part of the Roseville City Code and shall be incorporated therein as
Appendix Chapter 1207.
(Ord. 1285, 07/28/03)
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Attachment C
Guidelines for placing and removing waiting shelters
Shelter placement guidelines
Metro Transit buses serve nearly 12,300 bus stops, 67 Park & Ride lots and 28 Transit Centers. With so many stops and facilities, Metro Transit must prioritize where
shelters are located.
These considerations are made when determining where to locate a shelter:
Daily Boardings - To qualify for a standard shelter, a suburban location
must have at least 25 passenger boardings per day. In Minneapolis and
St. Paul, a location must have at least 40 passenger boardings per day.
The number of boardings at a stop is determined using the most recent
and complete available data for the fall of each year.
Site Suitability - Available space, site conditions (slope, obstructions,
etc.) and proximityto the bus stop sign are considered when determining
site suitability.
Metro Transit also tries to avoid placing shelters in areas that may
obstruct signage, windows or entry into a building. Long-term
maintenance challenges, such as snow removal and accessibility to
repair parts of the shelter, are also considered.
Customers with limited mobility - By tracking the boarding locations of I�`'
customers paying fares with mobility Go-To Cards, Metro Transit can
further prioritize locations based on the number of daily boardings by �
customerswith limited mobility.
Demographics, including race/ethnicity and income status, are considered to comply with Title Vl of the Civil Rights Act of 1964 and Environmental Justice policy
aimed at addressing disparate impacts on minority and low-income populations.
Transit Transfers are also considered in shelter prioritization, as customers transferring are likely to be waiting as part of their transit trip.
Lighting and on-demand heating is installed in shelters if conditions allow and there are a sufficient number of boardings to justify the costs. Heating is considered where
there are at least 80 boardings per day.
Shelters are typically located within five- to six-feet of a bus stop sign, where customers get on and off buses. In most cases, shelters are located "near side," meaning the
bus will stop just beyond the shelter site. Shelters are separated from the stop to provide room for customers who board or exit the bus using a mobility device and to
allow for easier snow removal.
> Read more about shelter designs here
Shelter removal
Metro Transit must sometimes remove or relocate shelters to ensure the highest number of customers is being served with available resources. The following
considerations are made when determining when a shelter may be removed or replaced:
Low number of average daily boardings - A shelter may be removed if the number of passengers boarding per day is at least 50 percent below the standard. In a
suburban location, a transit stop with approximately 12 or fewer boardings per day may be considered for removal; in Minneapolis or St. Paul, a transit stop with
approximately 20 or fewer boardings per day may be considered for removal.
Shelter reaches the end of its useful life - When properly maintained, shelters typically have a 20-year life span. If a location meets boarding standards, the out-of-
date shelter will be replaced with a new or used shelter. If boardings are low, the out-of-date shelter may be removed.
Shelter is damaged or destroyed - If a shelter has been damaged by a vehicle accident or other incident and has potential to create a safety hazard, it will be
removed. If the location meets boarding standards, the shelter will be replaced when a new or used shelter becomes available. If the location has low boardings, the
destroyed shelter will be removed and may not be replaced.
Ongoing vandalism - Shelters damaged by persistent vandalism take maintenance staff time away from other needs and are a major constraint on Metro Transit's
maintenance budget. Metro Transit maytemporarily or permanently remove a shelterwith a high number of vandalism incidents in an attempt to break vandalism
patterns.
Changes in right-of-way, property ownership or easements - Changes in property boundaries, easements, roadways or public right-of-way sometimes require
Metro Transit to remove a shelter. Metro Transit may replace the removed shelter if the stop meets boarding standards and there is still space for a shelter after
changes are made.
Requests from customers and stakeholders - Metro Transit occasionally receives requests and suggestions for removing shelters from certain locations. These
requests will be addressed on a case-by-case basis by considering factors outlined above.
Communication of Proposed Shelter Removals
Before a shelter is removed, Metro Transit will notify customers and stakeholders at least two weeks in advance of the scheduled removal date. Notifications will provide
an explanation of why the shelter is being removed as well as the proposed removal date.
Customers will be notified through signs at the shelter. In suburban locations, Metro Transit will notify the affected City Manager; if the shelter is located in Minneapolis
or St. Paul, Metro Transit will notify the affected City Council person(s) and their staff inembers. If the shelter has been adopted by a volunteer for maintenance, Metro
Transit will also notify the shelter adopter. Metro Transit will notify the affected Councilmember of the Metropolitan Council.
Custom shelters
Metro Transit may consider customized shelter installation and/or maintenance at locations that average at least 100 boardings per day. Design and manufacturing costs
are paid by the requesting entity unless the shelter is part of a larger project, such as a bus corridor, transit center or Park & Ride lot owned and maintained by Metro
Transit. In such cases, Metro Transit's contribution toward design and manufacturingwill be determined on a case-by-case basis. Maintenance, repair and replacement
costs of custom portions of a shelter are paid by the requesting entity.
Metro Transit may maintain non-custom portions of a shelter if the requesting entity and Metro Transit sign an agreement outlining shelter maintenance responsibilities;
the custom shelter is built with glass that meets Metro Transit's standard glass specifications; and the custom shelter design includes specifications for Metro Transit's
standard customer information holders.
Shelter comments or concerns can be directed to Customer Relations at 612-373-3333 or contact us here.
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Kari Collins
From: Dick Houck <dick_houck@yahoo.com>
Sent: Wednesday, November 25, 2015 9:25 PM
To: *RVCouncil
Subject: EDA
I just received the agenda for your next meeting and browsed through the EDA item.This seems to me like something that Roseville
doesn't need and will probably be expensive to boot. Just how much more development does Roseville expect to have in the future that
couldn't be handled by City Council and staff. I was happy to see the HRA disappear and now we are going to have another one for
little or no purpose. Perhaps there is a need for such in a large city like St. Paul, but I see no need for one in Roseville.Also, as I note in
the description,the Council will be the EDA officers who will be making the decisions and reporting to themselves about what they do
and spend and for permission for what they do. Come on guys, this sounds a little on the ridiculous side, if indeed I am reading the
material right.We have an extremely limited amount of development that is possible in Roseville and as I see it, could be handled easily
by existing staff or consultants. I will be attending the Ramsey County tax hearing on Monday evening to voice my concerns there,so
won't be able to attend your meeting. However, I am sure that will make as little difference as if I didn't attend the tax hearing either,for
in both instances minds already been made up and nothing could be said to change that. My recommendation is that you decide not to
establish an EDA and do the work yourselves,which you will be doing anyway, since you will be the deciding factor on the EDA
anyway.Just one more useless and unneeded government entity of which we already have too many. But then that is what government
officials do. Establish more such government entities to increase their power over the people they are supposed to serve. Sorry, my
opinion and one of most others in this country who are tired and disgusted with public officials,the amount of our money they spend,
and the intrusion they make into our lives. Don't do it!
Dick Houck dick houck c(Dyahoo.com
1
«a ' t--/CCT
Kari Collins
Subject: FW:Online Form Submittal:Contact City Council
From: noreplv@civicplus.com [mailto:noreply@civicplus.com]
•
Sent: Wednesday, November 25, 2015 4:29 PM
To: *RVCouncil; Kari Collins; Pat Trudgeon
Subject: Online Form Submittal: Contact City Council
Contact City Council
Please complete this online form and submit.
Subject transit shelters
Contact Information
Name: roger hess jr
Address: 1911 rice street
City: Roseville
State: MN
Zip: 55113
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Email Address:
Phone Number:
Please Share Your councilmember, why would you pay$1,000 per transit
Comment, Question or shelter???the current owner has two choices since the MTC
Concern doesn't want them -sell them to the city or tear them down.
taking them away will cost the company money, so they don't
want to do that. they should be paying the city to take these off
of their hands! to make it a legal transaction, pay them $1.00
each i'm sure during the term of the lease the company has __
1
made way more money from advertising that what their
expenses were, including the cost of constructing the transit
shelters. paying them $1,000 for something that they have
already recovered all their costs, plus they made a profit from,
when their only other choice is spending money to tear them
down is not a good expenditure of taxpayer dollars. i hope you
pay them $1.00 each and no more. have a happy thanksgiving!
roger roger hess jr
Unless restricted by law, all correspondence to and from Roseville City government
offices, including information submitted through electronic forms such as this one,
may be public data subject to the Minnesota Data Practices Act and/or may be
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