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HomeMy WebLinkAbout2005_0425_Packet��y� ���L � Community Town Hall Meeting Monday, April 25, 2005, 6:00 p.m. Central Park School 535 County Road B2 West Contact Information: Councilmembers can be contacted in many ways. To set up a personal meeting or to obtain their phone numbers, please contact Margaret at 651-792-7023. E-mail addresses for Councilmembers are avail- able on the city's website, www.citvofroseville.com Purposes of this Meeting: Hear from citizens. Conduct city business. Contact Information: Councilmembers can be contacted in many ways. To set up a personal meeting or to obtain their phone numbers, please contact Margaret at 651-792-7023. E-mail addresses for Councilmembers are avail- able on the city's website, www.citvofroseville.com Purposes of this Meeting: Hear from citizens. Conduct city business. I. INFORMAL GATHERING Residents have an opportunity to mingle and converse with Coun- cilmembers and City Staff individually and in small groups. Infor- mational displays and brochures are available. Timeframe: 30 minutes. 6:00-6:30 p.m. Present: All Councilmembers and City Staff. II. FORMAL MEETING COUNCIL AGENDA Mayor's Welcome. Be a part of the picture...get involved with your City.... Volunteer.i For more information, feel free to stop by City Hall or call Carolyn at 651-792-7026. You can also check-out our website at www.cityofroseville.com Volunteering, a Great way to Get Involved! � Over, please.] Call Roll and Introduce Councilmembers and City Staff. (Voting and Seating Order for April: Ihlan; Maschka; Schroeder; Kough; Klausing) Approve Agenda. 1. Hear from Residents. Possible Timeframe: 60 minutes. 6:30-7:30 p.m. 2. Approve Minutes. Possible Timeframe: 5 minutes. 7:30-7:35 p.m. 2. a Council Meeting of April 1 1, 2005 . 2.b Council Meeting of April 18, 2005. 3. Consider Consent Items. Presenter: City Manager Neal Beets. Possible Timeframe: 10 minutes. 7:35-7:45 p.m. 3. a Approve Check Register. 3.b Approve Contracts/Purchases in Excess of $5,000. 3.c Approve 2005 Business Licenses. 3. d Approve Poppy Day Proclamation. 3.e Approve Lions Club 50th Anniversary Proclamation. 3.f Approve Wellness Program. 3.g Adopt Ordinance Amending Title Three, Section 31 1.12, of the Roseville City Code Pertaining to Pawnbrokers and Pre- cious Metal Dealers. 3.h Adopt Resolution Approving Agency Agreements Authorizing a Delegated Contract Process for Federal Aid Projects. 3.i Approve, Subject to Conditions, the Application of Ralph and Jim Beauclaire, 1758 Alta Vista Drive, for a Minor Sub- division and Variances. 3.j Consider Approving a Lease Agreement with T-Mobile Wireless for the City Hall Monopole Apri125, 2005 Ro�emlle �it� Council 'Pown H�11 Meeting �da., Page 2 of 4 4. Consider Items Removed from the Consent Agenda. 5. Conduct a Public Hearing for the Lake Owasso Water Ski Jump and Consider Recommending that the Ramsey County Sheriff Issue a 2005 Permit. Possible Timeframe: 15 minutes. 7:45 - 8:00 p.m. 6. Consider City Code Revisions relating to Variance Board Hearing Notices (PF3634) . Presenter: Community Development Director Dennis Welsch. Possible Timeframe: 10 minutes. 8:00 - 8:10 p.m. 7. Consider Twin Lakes Term Sheet. Presenter: Community Development Director Dennis Welsch. Rottlund Vice-President Michael Noonan. Possible Timeframe: 35 minutes. 8:10 - 8:45 p.m. 8. Set Public Hearing Date for Considering a Twin Lakes Tax Increment District and a Hazardous Waste Sub- district. Presenter: Community Development Director Dennis Welsch. Possible Timeframe: 10 minutes. 8:45-8:55 p.m. 9. Discuss Amending the City's Utility Fee Discount Pro- gram. Presenter: Finance Director Chris Miller. Possible Timeframe: 15 minutes. 8:55 - 9:10 p.m. 10. Consider Technical Amendments to the 2004 Budget. Presenter: Finance Director Chris Miller. Possible Timeframe: 15 minutes. 9:10 - 9:25 p.m. Apri125, 2005 Ro�emlle �it� Council 'Pown H�11 Meeting �da., Page 3 of 4 11. Recycling Study Update. Presenter: Recycling Coordinator Tim Pratt. Possible Timeframe: 20 minutes. 9:25 - 9:45 p.m. 12. Adjourn. (Councilmembers and City Staff will remain to talk with residents.) A Look Ahead: Some Upcoming City Meetings April 28, Thursday 6:30 p.m. OVAL Taskforce Meeting Skating Center May 3, Tuesday 7:00 p.m. Parks & Recreation Com- Council Chambers mission May 3, Tuesday 7:00 p.m. Housing & Redevelopment Centennial United Authority Neighborhood Methodist Church, Enhancement Meeting New Lounge May 4, Wednesday 6:30 p.m. Planning Commission Council Chambers May 5, Thursday 10:30 Housing & Redevelopment Skating Center a.m. Authority Neighborhood Fireside Room Enhancement Meeting Business Meeting, Multi- family Owners & Repre- sentatives May 9, Monday 6:00 p.m. City Council Meeting Council Chambers May 10, Tuesday 7:00 p.m. Human Rights Commission Council Chambers May 12, Thursday 6:30 p.m. OVAL Taskforce Meeting Skating Center May 16, Monday 6:00 p.m. Council Study Session Council Chambers May 17, Tuesday 7:00 p.m. Housing & Redevelopment Council Chambers Authority May 23, Monday 6:00 p.m. City Council Study Session Council Chambers May 24, Tuesday 7:00 p.m. Public Works, Environment Council Chambers & Transportation Commis- sion May 26, Thursday 6:30 p.m. OVAL Taskforce Meeting Skating Center Apri125, 2005 Ro�emlle �it� Council 'Pown H�11 Meeting �da., Page 4 of 4 Dale: 04/25/OS Item: 2.a Minutes of �;'11105 �'i�s � I'. �� �� ��]ivarsc,��a, �.�.4 Community Town Hall Meeting National Guard Armory 211 N McCa�r��t,� Boulevard DRAFT—Minutes—DRAFT Monday, Apri111, 2005, 6:00 p.m. I. Informal Gathering Residents, Councilmembers and City staff mingled individually and in small groups. Informational displays and brochures related to respective City departments, programs and services were available. ��e Formal Meeting Call Roll and Introduce Councilmembers and City Staff Mayor Klausing called to order the formal portion of the regular Roseville City Council meeting at 6:30 p.m. He welcomed everyone and led introductions of City Councilmembers and staff. City Manager Neal Beets welcomed all to tonight's meeting and encouraged citizens to communicate with staff via small group, individual contact, public comment, written comment, or through use of the green comment sheets available tonight. Roll Call (Voting and Seating Order) Councilmembers Ihlan, Maschlca, Schroeder, Kough and Mayor Klausing. All were present. City Attorney Scott Anderson was also present. Informal Gathering 6:00 p.m. Formal Meeting Call Roll and Introduce Councilmembers and City Staff 2. Hear from Residents (Receive Public Comment about City Public Comment Issues) Mayor Klausing called for public comment by members of the audience on any non-agenda items. City Council Regular Meeting — 04/11/OS DRAFT Minutes - Page 2 A. Roger Toogood, 427 Iona Lane Mr. Toogood spoke to the excellence of the City's recycling program, while expressing concern regarding papers littering the neighborhoods on recycling day due to uncovered curbs�de containers. Mr. Toogood sought an update on the pilot study for the recycling program. City Manager Beets advised that staff was scheduled to present a verbal report on the pilot study to-date at the Council's Apri128, 2005 meeting. Mr. Toogood also opined that the City Council needed to initiate long-range planning for the City. Mayor Klausing concurred with Mr. Toogood's comment, noting that a recent Council Study Session had addressed Council goals and priorities for the coming year, but additional long-range planning would be prudent, depending on Council consensus. Mr. Toogood encouraged the Council to consider the value of strategic planning exercises. Mr. Toogood also addressed his observations from a business perspective, of "micro-management" tendencies by the City Council, and opined the need for the City Council to maintain their clear role for direction and visioning and the proper role of the City Council and staff; and not to undermine staff and proper delegation of duties. Mr. Toogoad recommended that the City Council carefully review those tendencies, even if it required bringing in an outside facilitator to analyze the situation and maintain the efficiencies of staff. Mayor Klausing thanked Mr. Toogood for his observations and input. B. Linda Norcross,1892 Wagner Place Ms. Norcross expressed her appreciation to the City of Roseville for the Town Hall opportunity and thanked those in attendance and Councilmembers and staff for providing this avenue of access. Ms. Norcross opined that, while City Council Regular Meeting — 04/11/OS DRAFT Minutes - Page 3 each neighborhood had issues, Roseville remained a "shining" suburb and a community with many amenities. Ms. Norcross encouraged Councilmembers and staff to malce residents aware of volunteer opportunities recognizing the limitations of staff and resources. Ms. No�Gross noted that there was a lot of talent in the community, and that talent needed to be directed and their potential tapped for the good of the community. Mayor Klausing thanlced Ms. No�cross for her enthusiasm and encouraged citizens to get involved, noting specifically the availability of serving on advisory committees as one avenue; and recognizing the caliber of applicants the Council received for those vacancies. C. Diane Hilden, 466 Bayview Drive, and President of the Lake Mc�ar�ons Neighborhood Association Ms. Hilden thanlced the City Council and staff for holding the Town Hall meeting in their neighborhood, and welcomed them back any time. Ms. Hilden questioned if there were other neighborhood associations in Roseville and offered her expertise in assisting interested groups in getting organized. Ms. Hilden noted the Association's pride in their worl�ing relationship with the City Council �4- date, and expressed the value-added in grass roots politics and citizen action groups. Ms. Hilden announced the upcoming Lalce �cCarrons Neighborhood Association meeting and encouraged area residents to attend. On a personal note, and as a private citizen not representing the Association, Ms. Hilden questioned Councilmembers as to the possibility of creating a"Point of Exchange or Sale" inspection checiclist for use when old housing stoel� was sold, to identify substandard properties, ensure safety concerns were enforced and brought up to code, and that steps were talcen to remedy deficiencies. City Manager Beets noted that, while some communities regulated residential property at the point of sale, his City Council Regular Meeting — 04/11/OS DRAFT Minutes - Page 4 review was that most communities didn't do so. Mayor Klausing thanked Ms. Hilden for her comments. Mayor Klausing noted that the City's T-�R1� was currently looking at the possibility of an ordinance for annual licensing inspections of rental properties. Mayor Klausing noted that, since neighborhood associations were not a function of the City, they were not always identified, but assured citizens that the City would encourage them and would be interested in discussing ways the City could facilitate those organizations. D. John Goedeke, 2674 Virginia Avenue Mr. Goedeke expressed his interest in reviewing the term sheet for the Twin Lakes Redevelopment project, and questioned when it would be available for the public. City Manager Beets advised that the item was scheduled for discussion at the City Council's April 18, 2005 Study Session; with Council packets available the Thursday before, and availability on the City's website the Friday before the meeting. Mr. Goedeke also spoke in support of the OVAL, recognizing the numerous negative comments about the construction, but noting the number of users at the facilities by individuals and youth organizations. Mr. Goedeke opined that the OVAL was not the only City facility that needed to be subsidized (i.e., Central Park and Harriet Alexander Nature Center) and represented a small sum and portion of the City's budget. Mr. Goedeke encouraged further review and careful consideration of the future of the OVAL and the findings of the Task Force regarding future operation and maintenance. Mr. Goedeke concluded his comments, from his perspective as a former Councilmember, by thanking the Councilmembers for their service to the community of Roseville. E. Randy Neprash,1276 Eldridge Avenue W City Council Regular Meeting — 04/11/OS DRAFT Minutes - Page 5 Mr. Neprash spoke to the Citizen's League website comments on the Twin Lakes Redevelopment project and how interesting the issue was. Mr. Neprash opined that he felt a market test for the property would be appropriate. Mr. Neprash also commented on impacts to existing businesses and encouraged City Councilmembers to analyze and carefully consider those impacts. Mr. Neprash further discussed his recent application for a vacancy on a citizen advisory eommission, and comments during the interview that were raised regarding his employ by a consulting ����t� and potential involvement with City contracts. Mr. Neprash noted that his expertise on various issues would far outweigh any potential conflict of interest; and anticipated that any such conflicts could be defined by him in a professional manner. Mr. Neprash requested further consideration for a vacancy. F. �irsten Nelson, McCarrons Neighborhood resident Ms. Nelson thanked Mr. Neprash for his Twin Lakes comments. Ms. Nelson questioned noise ordinances at parks and if they were being enforced, specifically at McCarrons boat landing and picnic shelter, and who had the jurisdiction for enforcement, particularly on holidays and after park closing at 10:0� p.m. Lt. Mathwig, Roseville Police Department, Lt. Niathwig advised that the Rainsey County Sheriffs Office had initial jurisdiction at McCarrons Park, a Ramsey County Park, with the City lending assistance when a County squad car was not in the immediate vicinity. Lt. Mathwig advised that the City and County shared the same dispatch service, and were dispatched for emergency calls to assist the Ramsey County Sheriff. Lt. Mathwig advised concerned citizens to call 651-484-1700 for Ramsey County and City of Roseville Dispatch, or contact 9-1-1 and advise dispatch that it was a"non-emergency" call to lodge a complaint about noise or other issues at the La1�e. G. Sara Barse1,1276 Eldridge Avenue ''4�" Ms. Barsel thanked the Councilmembers for serving the City Council Regular Meeting— 04/11/OS DRAFT Minutes - Page 6 community, recognizing the great amount of time and work involved in doing so. Ms. Barsel advised Councilmembers that, in the near future, she would be providing information related to environmental and public health concerns in the use and application of lawn chemicals and their eventual contamination of water sources. Ms. Barsel noted that she had not been entirely successful in obtaining cooperation from commercial application companies in supplying requested MDSS (Material Data Safety Sheets) and prior notice of application. Ms. Barsel encouraged Council review of the materials and further discussion. H. Dan Roe, 2100 Avon Street N Mr. Roe thanked the City Council for tonight's Town Hall opportunity. Mr. Roe followed up on Mr. Toogood's comments related to recycling, and questioned if the Council would be sponsoring a beautification or clean up project this year, similar to that coordinated by Councilmember Kough last year. City Manager Beets advised that, while "Sentenced to Serve" clean up crews were being utilized where possible, individuals or neighborhoods wishing to organize clean up details were encouraged to contact City Hall for equipment and safety vests for areas needing special attention. Mr. Beets noted that the City had scheduled a City park clean up later this month, and invited interested people to contact City Hall for moxe information and specifics. Mr. Roe suggested that the City increase awareness and publicity related to this within the community. I. John Gulbranson,1159 Karyl Place Mr. Gulbranson opined that one of the greatest assets to Roseville was its citizen volunteers, and recognized the number of citizens he encountered picking up trash along the highways and streets. Mr. Gulbranson complimented the City Council on the creation of Lexington Park and his observations of the number of users. Mr. Gulbranson City Council Regular Meeting — 04/11/OS DRAFT Minutes ' Page 7 specifically noted the "adoption" of the park by residents at the corner of Lindy and Burke, Tom and Virginia Turba, and their continual upkeep of the park. Mr. Gulbranson further noted the world-wide recognition of the John Rose OVAL, and opined that it would be shortsighted of the City Council not to continue its operation and encouraged that all avenues and resources be identified. Mr. Gulbranson further opined, in his capacity as a member of the Ramsey County Charter Commission, the accomplishments and overall City operation by City Manager Beets; noting the efficiencies of the various departments under his management. In closing, Mr. Gulbranson reminded the City Council of their appearance and demeanor on cable television and encouraged good decorum and brief summation of points to be made, allowing citizens and Councilmembers to continue to be proud of their community. J. Unidentified Speaker The speaker spoke to the wonderful services provided at the Fairview Community Center and encouraged the City Council to be aware of its use and value to the community. Mayor Klausing reminded the speaker that the facility was owned by the School District, but that the City Council would be alert to future plans for the facility. Mayor Klausing thanked citizens for their public comments and observations and encouraged them to remain for the business portion of tonight's meeting, which was called to order by Mayor Klausing at 7:30 p.m. 1. Approve Agenda Mayor Klausing tonight's Agenda. called for any comments or discussion on Councilmember Kough requested that Consent Agenda items 4.a and 4.f respectively entitled, "Approve the Check Register," and Approve Agenda City Council Regular Meeting— 04/11/OS DRAFT Minutes ' Page 8 "Approve a Resolution Opposing the Elimination of the Roseville Circulator Buses," be removed for discussion. 3. Approve Minutes Approve Minutes 3.a Council Meeting of March 28,2005 March 28,2005 Schroeder moved, Maschka seconded, approval of the March 28, 2005 Regular Meeting as amended. Mayor Klausing thanked Councilmember Maschka for filling in as Acting Mayor during his absence at the March 28, 2005 meeting. Corrections: ■ Page 15, Item 7.a entitled, "SuperTarget - Consider Public Improvements Contract," last paragraph (Ihlan) Correct to read• "Council discussion included timeliness of this issue during Target's reconstruction process; location and design of a storm pond; cost and assessment allocations; preliminary layouts for parking lot sharing by property owners' conveyance of property from City following successful completion and negotiation of development agreements; negotiation status with Target regarding road reconstruction in .[considerationJ for the vacation of an easement for State Farm Road for access for Target;. . ." ■ Page 16, first full paragraph (Ihlan) Correct to read• "Counczlmember Ihlan expressed her concern with the cost allocation for road reconstruction, opining that Target should be responsible for all costs given the City's vacation of State Farm Road � -�v°�: ��°��a and that negotiations should continue to achieve those desired results. Roll Call Ayes: Ihlan, Maschka, Schroeder, Kough. Nays: None. City Council Regular Meeting — 04/11/OS DRAFT Minutes - Page 9 Abstained: Klausing. 4. Consider Consent Items Consent Items As noted earlier, Consent Agenda items 4.a and 4.f were removed for discussion. There were no additional changes to the Consent Agenda. Councilmember Schroeder addressed Consent Agenda Item 4� entitled, "Approve a Wholesale Water Purchase Agreement with the St. Paul Regional Water Service," congratulating staff on the outcome of their extensive and lengthy negotiations, and the favorable outcome for the City of Roseville and its residents. At the request of Mayor Klausing, City Manager Beets briefly reviewed those items being considered under the Consent Agenda. 4.b Approve Cant�-aets/Purchases in Excess of $5,000 Contracts �i Maschka moved, Kough seconded, approval of general Purchases in Excess purchases and/or contracts for services as follows: of $5,000 Vendor ��emlriescri tiou Amount Roseville Area 2005 City Contribution $6,000.00 Senior Program JTZT-r Equipment 5-ton vehicle lift for maintenance garage 7,693.69 Roll Call Ayes: Ihlan, Maschka, Schroeder, Kough and Klausing. Nays: None. 4.c Approve Business Licenses Business Licenses Maschka moved, Kough seconded, approval of the business licenses for the following listed applicants for the period of one year. Ap�►t�ca� tlAdciress InterCitv Oil, 1681 Rice Street Type of License(� Ci�are�te/Tabacco Products Gasoline Station � Tobacco Tree, 1734 Lexington Ave. N � Cigarei�e/Tobaccd Products � Roll Call Ayes: Ihlan, Maschka, Schroeder, Kough and Klausing. Nays: None. 4.d Approve Roseville Rotary Club 5960 One-Day Roseville Rotary City Council Regular Meeting — 04/11/OS DRAFT Minutes - Page 10 Gambling License Maschka moved, Kough seconded, approval of a request by Roseville Rotary Club 5960 for a One-Day Gambling License to conduct a raffle on May 16,2005 at Coma Parlc Zoo Conservatory and Visitor Center, 1225 Estabrook Drive. Roll Call Ayes: Ihlan, Maschka, Schroeder, Kough and Klausing. Nays: None. 4.e Closing the City's Tax Increment Financing (TIF) Bond Fund Maschka moved, Kough seconded, adoption of Resolution No. 10287 entitled, "Resolution Authorizing the Transfer of Funds from the Economic Increments Construction Fund to the Tax Increment Financing (TIF) Bond Fund, and Closing the TIF Bond Fund." Roll Call Ayes: Ihlan, Maschka, Schroeder, Kough and Klausing. Nays: None. Club 5960 One-Day Gambling License Resolution 10287 Closing the City's Tax Increment Financing (TIF) Bond Fund 4.g Approve Arbor Day Proclamation Arbor Day Maschka moved, Kough seconded, approval proclaiming Proclamation Apri129, 2005 as Arbor Day in the City of Roseville. Roll Call Ayes: Ihlan, Maschka, Schroeder, Kough and Klausing. Nays: None. 4.h Approve Fair Housing Month, Apri12005 Maschka moved, Kough seconded, approval of April 2005 as Fair Housing Month in the City of Roseville. Roll Call Ayes: Ihlan, Maschka, Schroeder, Kough and Klausing. Nays: None. Proclamation of Approve Fair Housing Month, Apri12005 4.i Establish a Public Hearing for the Lake Owass� Water Establish a Public Ski Jump Permit on Apri125,2005 Hearing Lake Maschka moved, Kough seconded, establishing a Public t)wasso Water S�i City Council Regular Meeting — 04/11/OS DRAFT Minutes ' Page 11 hearing for the City Council meeting of Apri125, 2005, to Jump Permit on consider the Lake Owasso Safe Boating Association's Apri125,2005 request for approval of placement of a water ski course and jump on Lake Owasso. Roll Call Ayes: Ihlan, Maschka, Schroeder, Kough and Klausing. Nays: None. 4 j Approve a Wholesale Water Purchase Agreement with the St. Paul Regional Water Service Maschka moved, Kough seconded, adoption of Resolution No. 10288 entitled, "Resolution Approving Attached Contract for Water Services Between the Board of Water commissioners and the City of Roseville, and Authorizing the Mayor and Manager to Sign Said Contract." Roll Call Ayes: Ihlan, Maschka, Schroeder, Kough and Klausing. Nays: None. 4.k Approve a Controlled Prairie Burn at the Muriel Sahlin Arboretum Maschka moved, Kough seconded, authorization for the Fire Marshall to issue a permit to allow open burning of the Wildflower area at the Arboretum on Tuesday, April 12, 2005, or the first weather-conducive day thereafter. Roll Call Ayes: Ihlan, Maschka, Schroeder, Kough and Klausing. Nays: None. 41 Approve a Resolution Adopting the National Incident Management System (NIMS) Maschka moved, Kough seconded, adoption of Resolution No. 10289 entitled, "Resolution Requesting Designation of the National incident Management System (NIMS} as the Basis for all Incident Management in the City of Roseville, MN." Roll Call Ayes: Ihlan, Maschka, Schroeder, Kough and Klausing. Resolution 10288 Wholesale Water Purchase Agreement with the St. Paul Regional Water Service Controlled Prairie Burn at the Muriel Sahlin Arboretum Resolution 10289 NIM S City Council Regular Meeting— 04/11/OS DRAFT Minutes' Page 12 Nays: None. 4.m Approve a Resolution Adopting the Ramsey County Emergency Operations Plan (EOP) Maschka moved, Kough seconded, adoption of Resolution No. 10290 entitled, "Resolution to Participate in the Countywide Emergency Operations Plan." Roll Call Ayes: Ihlan, Maschka, Schroeder, Kough and Klausing. Nays: None. 4n Order a Public Hearing and Accept a Feasibility Report for Reconstruction of a Portion of Chatsworth Street and Lvve�� Avenue Maschka moved, Kough seconded, adoption of Resolution No. 10291 entitled, "Resolution Receiving Feasibility Reports on 2005 Improvements and Ordering Public Hearings." Roll Call Ayes: Ihlan, Maschlta, Schroeder, Kough and Klausing. Nays: None. 5. Items Removed from Consent Agenda S.a Approve Check Register (former Consent Item 4.a) Councilmember Kough questioned the accuracy of a vendor payment on Page 2 of the Check Register, to "Countryside Restaurant" for "clothing." Assuming a misprint, staff was directed to review and report back at a later date. Councilmember Kough questioned the purpose for a vendor payment for "Rental of Fax Machines," on page 11 of the Checic Register, questioning why the City rented fax machines, and whether this was a monthly billing. City Manager Beets, and Finance Director Chris Miller, responded with a more detailed description of the actual Resolution 10290 Ramsey County EOP Resolution 10291 Ordering a Public Hearing and Accepting a Feasibility Report for Reconstruction of a Portion of Chatsworth Street and Lovell Avenue Items Removed from Consent Agenda Check Register City Council Regular Meeting— 04/11/OS DRAFT Minutes - Page 13 billing that included annual software licensing agreements, copying machine lease, the machines were not rented, but were combination faxlscanner and copiers, and they were owned by the City, and included payment for service agreements, toner and fuser units. Councilmember Ihlan sought specific project clarification of a payment on the Check Register, page 1, to Krass Monroe to the TIF Economic Development Fund; page 7, one to Ehlers and Associates to the TIF Economic Development Fund; and another, page 10, to the TIF Economic Development Fund, to Ratwik, et al, the City's Attorney. Finance Director Miller responded that the Krass Monroe payment was related to the Twin Lakes project; the payment to Ehlers and Associates was mutually agreed upon by the City and Ryan Companies related to TIF agreement methodology on the Center Pointe Development; and the payment to the City Attorney was for TIF work outside their general services agreement, with a portion related to the Twin Lakes development. Councilmember Ihlan reiterated her past concerns related to the appropriateness of charging items to the TIF Fund; and advised she would be voting against approval for those reasons. Schroeder moved, Maschka seconded, approval of the following claims and payments as presented. ACH Pa ments 1,585,353.34 38706-38867 602,366.47 Total �2187 719.81 Roll Call Ayes: Maschl�a, Schroeder, Kough and Klausing. Nays: Ihlan. S.b Approve a Resolution Opposing the Elimination of the Resolution 10292 Roseville Circulator Buses (former Consent Item 4.� Opposing the City Council Regular Meeting — 04/11/OS DRAFT Minutes - Page 14 Councilmember Kough highlighted the hardships created in eliminating bus service to senior apartment buildings along Snelling Avenue and other senior apartment complexes using transit services in the community. Councilmember Kough advised that he had drafted a letter of support for tonight's proposed Council action and resolution, and had provided that letter to the Senior Federation. Councilmember Ihlan questioned, with the expansion of the proposed resolution to be sent to the Governor and State Legislators, how the resolution would be conveyed to the appropriate parties. Mayor Klausing advised that staff would be directed to provide the resolution to the appropriate parties. City Manager Beets concurred that, unless otherwise directed, staff would copy the resolution to Governor Pawlenty; Metropolitan Council Chairperson; Senator Marty and Representatives Scalze and Greiling. Councilmember Schroeder requested that the proposed motion include specific directive as to who was to receive the resolution, including those identified above, as well as Senator Murphy, Head of the Senate Transportation Commit�ee and the House Transportation Chair. Klausing moved, Schroeder seconded, adoption of Resolution No. 10292 entitled, "A Resolution Opposing Elimination of Bus Routes in Roseville;" with staff directed to provide copies of the resolution as appropriate and as identified. Roll Call Ayes: Ihlan, Maschka, Schroeder, Kough and Klausing. Nays: None. 6. Transit Shelter Granting Ordinance Public Works Director Duane Schwartz reviewed the background of tonight's request, negotiations and action to-date on this item; noting Exhibit C and the 27 potential locations for shelters. Mr. Schwartz noted that the second requested action Elimination ofthe Roseville Circulator Buses Ordinance 1317 Transit Shelter Granting �Ta�- Exclusive Rights to "�"ranstap City Council Regular Meeting — 04/11/OS DRAFT Minutes ' Page 15 was to correct existing City ordinance for consistency. Connie Berry; President and CEO ofT'rans��p Ms. Berry had e-mailed Councilmembers requesting three considerations related to tonight's action that had not been agreed-upon during negotiations between the staff and company. Those items included a more lenient time frame for snow removal (from 12 hours as stated to 24 or 48 hours); removal of a shelter due to excessive vandalism; and moving of a shelter to facilitate temporary construction and the expense of relocation or removal and responsible parties. Ms. Berry noted that the detailed requests were consistent with ordinances the firm operated under in Minneapolis and St. Paul, and they were seeking similar concessions in Roseville for consistency in their operations and among the communities they serviced. Discussion included snow removal clause language and time allotment; public service announcements and use by the City for such announcements; cleanliness of shelters; the good faith competition to provide shelters; impact of proposed reductions and/or eliminations of bus routes within the community; coexistence and mutual location with U`.S. Bench at some locations; and the willingness of the firm to go forward without concession of the three requested revisions. Mr. Schwartz provided the staff s perspective and advice received from the City Attorney for retaining the recommended language and conditions of the ordinance. Mr. Schwartz noted that the snow removal clause was consistent with those requirements for Roseville commercial properties for snow removal from paths and sid�walks and was recommended for consistency for transit riders; existing language covering excessive vandalism and staff s willingness to work with Transtop in relocation of shelters; and the City Attorney's recommendation regarding relocation expense to private business in the temporary relocation of shelters to accommodate development. Graduated Fee based on Gross Advertising Revenue Maschka moved, Schroeder seconded, enactment of Ordinance No. 1317 entitled, "An Ordinance Granting to Transtop Ordinance 1318 Amending Chapter 1207 City Council Regular Meeting — 04/11/OS DRAFT Minutes' Page 16 Minnesota, Inc., A Non-Exclusive Right to Locate and Maintain Transit Stop Shelters in the City of Roseville." Councilmember Ihlan questioned whether the list of locations (Exhibit C) would be adopted as part of the resolution, or would be determined at a later date. Mr. Schwartz advised that the Exhibit would be adopted as part of the resolution; the Council would be approving the list of locations, understanding that all of the locations would not be utilized, for example, if a bus route were eliminated or service reduced. Councilmember Schroeder questioned whether, at transit sites no longer in use by a route, if the bus benches, as well as the shelters would be removed. Mr. Schwartz responded affirmatively, in accordance with City ordinance. Councilmember Schroeder opined that the `�ranstop Shelters were a good product and would be worthwhile for the community; and he spoke in support of the motion. Councilmember Schroeder spoke in opposition to any deviation from the original ordinance (i.e. increase in snow removal allowance time) given other City ordinances related to snow removal requirements for business owners. Councilmember Ihlan concurred with Councilmember Schroeder's comments related to maintaining the original language of the ordinance, deferring to staff recommendations and the scope of the ordinance. Councilmember Ihlan noted that, if problems arose and adjustments were needed, the Council would be willing to reconsider specific items related to operational needs. Councilmember Kough spoke in support of a 12 hour snow removal clause. Roll Call Ayes: Ihlan, Maschka, Schroeder, Kough and Klausing. Nays: None. City Council Regular Meeting— 04111105 DRAFT Minutes ' Page 17 Maschka moved, Schroeder seconded, enactment of Ordinance No. 1'�18 entitled, "An Ordinance Amending Title 1207, Sections 1207.08, 1207.09, 1207.10, 1207.1 l, 1207.12, 1207.18 and 1207.25, Non-Exclusive Transit Stop Shelter Franchise." Roll Call Ayes: Ihlan, Maschka, Schroeder, Kough and K�ausing. Nays: None. 7. SuperTarget: Consider Public Improvement Contract Public Works Director Duane Schwartz reviewed the proposed public improvement contract to-date and questions previously raised as to Target Corporation's level of participation in the reconstruction of a part of East Snel�in� Service Drive; noting that Target had increased their level of participation from 25% to 56.5% of the cost of reconstruction of the roadway adjacent to their west property line. Councilmember Ihlan opined that the reason she had raised this concern at the last meeting was due to the revised site plan and cost-sharing for a roadway that would only service the Target property and following the City's vacation of the former State Farm Road to make the development possible. Councilmember Ihlan questioned the negotiation process and why Council was not consulted prior to staff negotiating the agreement and why the Council was not more involved in the process. Mr. Schwartz advised that, when staff returned to the negotiating table with Target, the firm felt that they had met their obligations and provided significant public improvements at a considerable investment, in addition to their added costs in relocating the Perkin's Restaurant. Mr. Schwartz opined that there were cost� savings to be realized by the City in long-term replacement and maintenance costs for the roadway with the realignment. Mr. Schwartz noted that the site plan revisions and improvements were made by Target at the request of and due to staff and City Council concerns. Couneilmember Schroeder spoke in support of the realignment and its meeting specifications. Councilmember Schroeder noted SuperTarg�t: Public Improvement Contract City Council Regular Meeting — 04/11/OS DRAFT Minutes - Page 18 that this change was favorable from a maintenance (snow removal) standpoint, and the cost-sharing seemed to be fair and reasonable. Councilmember Ihlan expressed her concern related to the overall process and opined that the City Council needed to maintain control and be pro-active, rather than reactive in negotiations for these types of projects. Councilmember Ihlan further opined her desire to have further discussions regarding this policy issue and that the Council needed to play a larger role in negotiations rather than staff. Schroeder moved, Maschl�a seconded, approval of a Subdivision and Public Improvement Contract for the Target Redevelopment Site in the Roseville Business Park (PF #3591} between the Target Corporation and the City of Roseville. Mayor Klausing reviewed past discussions and zoning changes related to this redevelopment and the City's statutory authority; opining that staff had negotiated a good agreement; and spolce in support of the motion. Councilmember Ihlan reiterated her perception of the proj ect's history, opining her original concern in the City Council's change to the zoning and Comprehensive Plan amendment rather than following her suggestion to impose a moratorium to amend language in the Shopping Center District zoning ordinance. PUBLIC COMMENT John Kysylyczyn, 3083 N Victoria Street Mr. Kysylyczyn concurred with Councilmember Ihlan's interpretation of the negotiations, opining that the City had gotten a"raw deal" from what the project had originally intimated. Mr. Kysylyczyn suggested a cul-de-sac on each end of the street. Roger Hess -1914 Wagener Street Mr. Hess recommended that the portion of the road in question be talien out to save money and made open space. Mr. Schwartz commented on the need to retain Commerce Street City Council RegularMeeting— 04/11/OS DRAFT Minutes - Page 19 for business access; and the additional cost to maintain cu�-d�- sacs, given traffic volumes. Mr. Schwartz noted that, since initial concept plans, the Target building had been repositioned and realigned. Councilmember Schroeder opined that his perception of the proposed project was consistent with that currently proposed, and that Commerce Street and the frontage road was used for residential and commercial traffic for other than just the Target facility. Councilmember Kough opined his support for vacating the street along Snelling Avenue for open space and a buffer between Snelling Avenue, rather than deeding it to area businesses for additional parking. City Manager Beets addressed previous Council discussions at a recent meeting related to the area spoken of by Councilmember Kough, noting that the area would be used as green space and a buffer, but not owned and/or maintained by the City, but by the adj acent property owners. City Manager Beets noted that staff had received Council direction to pursue discussions with adj acent property owners, as approved by Council, with signed agreements required prior to any transfer of property from the City to the business owner. Mr. Beets noted that, due to safety issues, connectivity to the area via a pathway would be accomplished further from Snelling Avenue, at the State Farm Drive intersection. Roll Call Ayes: Maschka, Schroeder, Kough and Klausing. Nays: Ihlan. 7.a Park Dedication Fee Update City Manager Neal Beets provided a written report and update on staff and City Attorney negotiations with Target for payment by Target to the City for $60,000 in park dedication fees to be deposited in the Parks and Recreation Dedication Fund to be used for capital improvements to the parks system. Councilmember Ihlan questioned why Target was only SuperTarget Park Dedication Fee Update City Council Regular Meeting — 04/11/OS DRAFT Minutes - Page 20 paying 20%, rather than the full $300,000 calculated if this were a new business on a new site. City Manager Beets advised that, in the final analysis and based upon advice of the City Attorney and application of state law with respect to park dedications, it was determined that the most the City could request would be 20%; the City had made that request of Target, and Target had agreed to pay that full amount. City Attorney expanded upon and concurred with City Manager Beets' review of the negotiations. Councilmember Ihlan opined that the City Council should have been more involved in the decision-making and discussions related to this matter. Mayor Klausing cautioned the Council's attempts to micro- manage staff and opined his contentment with the result of staffs negotiation. Councilmember Kough concurred with Councilmember Ihlan's comments related to Council involvement in the negotiations. City Attorney Anderson again reviewed those differences in new development and redevelopment and interpretations of state law and City Code respecting park dedication fees. Mr. Anderson noted that in determining the calculations, consideration was given to increased employees and square footage; increased shopping trips and demands on the City and what could be supported if the issue went to court; opining his comfort level with the conclusions presented by staff. There was no required Council action. Mayor Klausing suggested that further discussion on Council involvement in negotiations, from a policy standpoint, would be appropriate for discussion at a future Study Session. City Council Regular Meeting — 04111105 DRAFT Minutes - Page 21 8. Revised �iose�.ale Mall Development Proposal Community Development Director Dennis Welsch advised that the clients had requested tabling this item until the April 25, 2005 regular Council meeting, as they were still negotiating specific items. Maschka moved, Klausing seconded, tabling action on the Revised Rosedale Mall Development proposal until the April 25, 2005 regular Council meeting. Roll Call Ayes: Ihlan, Maschka, Schroeder, Kough and Klausing. Nays: None. Councilmember Schroeder requested that the transit hub drawings be provided more consistently on all drawings for future considerationby the City Council. Rc�sedale Mall Development Proposal 9. Appoint Members to Citizen Advisory Commissions Citizen Advisory Councilmembers discussed involvement and consideration, as Commission well as inclusion of rankings of Commission Chairs in the Appointments overall ranking process. Schroeder moved, Maschka seconded, appointment of: Human Ri�hts Comrnission Term Expires Robert Venters 3131/08 Ann Keeney 3131/08 Scott Higbee 3131/07 Park and Recreation Term Expires James Stark 3131/08 Robert Willmus 3/31/08 Harold R� stow 3131107 P�annin� Term Expires Kedrick White 3131/08 Police Civil Service Term Ex�ires Mary Jean Turinia Anderson 3/31107 Pub. Works, Envir. & Trans�. Term Expires City Council Regular Meeting— 04/11/OS DRAFT Minutes - Page 22 Daniel Shiely ��'3 � �'��� Joel Fischer � � � f ?�+� Ihlan moved, Kough seconded, amending the motion to consider appointments to each commission separately. PUBLIC COMMENT John Kysylyczyn, 3083 N Victoria Street Mr. Kysylyczyn opined that the City Council was changing the process midstream, rather than adopting the City Manager's recommendation as per the staff report dated April 11, 2005. Mr. Kysylyczyn recommended the City Council continue with past practice, rather than changing policy and micro-managing the process. Roll Call Ayes: Ihlan, Schroeder and Kough. Nays: Klausing and Maschka. Parks and Recreation Commission (Three vacancies) Klausing moved, Maschka seconded, appointment of applicants Stark, Willmus and Ristow to the City's Parks and Recreation Commission. Ihlan moved amendment to the motion to appoint applicants Stark, Willmus and McGehee to the City's Parks and Recreation Commission as per Council ranking, excluding rankzngs of the Commission Chair. The motion failed due to lack of a second. Councilmembers Kough and Ihlan expressed concern with the process. Roll Call Ayes: Maschka, Schroeder, Kough and Klausing. Nays: Ihlan. Planning Commission (one vacancy) Schroeder moved, Kough seconded, appointment of applicant White to the City's Planning Commission. Roll Call Ayes: Ihlan, Maschka, Schroeder, Kough and Klausing. Nays: None. City Council Regular Meeting— 04/11/OS DRAFT Minutes - Page 23 Police Civil Service Commission (one vacancy) Schroeder moved, Kough seconded, appointment of applicant Turinia-Anderson to the City's Police Civil Service Commission. Roll Call Ayes: Ihlan, Maschka, Schroeder, Kough and Klausing. Nays: None. Public Works, Environment and Transportation Commission (two vacancies) Maschka moved, Schroeder seconded, appointment of applicants Fischer and Shiely to the City's Public Works, Environment and Transportation Commission. Discussion ensued regarding involvement of the Commission Chair in the application ranking and appointment process, with no consensus found. Ihlan moved to amend the motion to nominate applicants Shiely and Neprash to the City's PWET Commission. The motion failed due to lack of a second. Roll C all Ayes: Maschka, Schroeder and Kough. Nays: Ihlan and Klausing. Human Rights Commission (three vacancies) Schroeder moved, Kough seconded, appointment of applicants Higbee, Keeney and Venters to the City's Human Rights Commission. Roll Call Ayes: Ihlan, Maschka, Schroeder, Kough and Klausing. Nays: None. Mayor Klausing thanked all applicants. 10. Consider a Proposed Resolution Relating to Twin Lakes Proposed Councilmember Ihlan requested Council consideration of two Resolution Relating motions relating to access to supporting financial documents for to Twin Lakes City Council Regular Meeting — 04/11/OS DRAFT Minutes ' Page 24 the Twin Lakes Redevelopment project, consisting of pro (not adopted) �ormas, term sheet and subsidy request, and for Council review of financial consulting bills. Councilmember Ihlan expressed concern that her requests for documentation were not being processed by staff, and thereby opining that she was left with no choice but to come before the Council for formal action. Ihlan moved, Kough seconded, directing staff to request Master Developer Rottlund Homes to assemble and provide for Council review all supporting documentation for its financial pro formas, term sheets, and application for tax increment financing and other public subsidies, including all supporting documentation submitted to the City's financial consultant, K.rass Monroe. Staff was further directed to make this supporting documentation available to the Council as soon as possible, to allow adequate time for review before any further Council discussion of financial pro formas, term sheets, and subsidy applications for the Twin Lakes development. Mayor Klausing questioned the purpose of the proposed resolution; opining that the information was available for review at Mr. Casserly's office, and a Councilmember could review the information, provided no further disclosure of the information was given. Councilmember Ihlan reiterated that she was asking staff to make the information available to the City Council, or advise Councilmembers the process they should use in accessing the information. Councilmember Ihlan advised that her request for this information received no response from staff. Councilmember Ihlan noted that, until the memo to Council was in the packet from Mr. Beets, she was not aware that she had the opportunity to review the requested information at Mr. Casserly's office. Councilmember Kough expressed concern, related to Council Rules and Procedure, as to when a Councilmember has a right to receive information directly from the City Manager on an individual basis; questioning staffs lack of courtesy in responding to specific requests for more information. City Council Regular Meeting— 04/11/OS DRAFT Minutes' Page 25 Mayor Klausing refocused the discussion on the motion, declaring personnel issues out of order during this discussion. Mayor Klausing spoke in opposition to the motion, given the specific language of the proposed motion, and in consideration of Data Practices Act concerns and the need to follow appropriate procedures. Councilmember Ihlan restated her rationale for the requested motion, given the most recent correspondence from Rottlund Homes that the City Council reject the proposed motion; the unprecedented request by Rottlund Homes for public subsidies; and the Council's right and obligation to review — as individual Councilmembers — all information and supporting documentation pertinent to the proposed development. Roll Call Ayes: Ihlan and Kough. Nays: Maschka, Schroeder and Klausing. Mayor Klausing clarified that no motion was necessary; that any Councilmember had a right to go to Mr. Casserly's office to review documentation; and that private or parcel-specific data should and could not be released without liability exposure to the City. Discussion included the timeliness and receipt of the Rottlund correspondence; and Rottlund's access to Council agendas via mail ancUor internet. Ihlan moved, Klausing seconded, for discussion purposes, directing staff to provide for Council review bills from Krass Monroe, PA in connection with the Twin Lakes development andJor charged to the TIF Economic Development account, dated from November 2004 through the present. Councilmember Ihlan noted that the City Attorney had provided their portion of the bills she had previously requested; but that she had only received Krass Monroe bills through October of 2004, and was seeking the billings from that point forward due to her often-expressed concerns related to policy. City Council Regular Meeting — 04/11/OS DRAFT Minutes - Page 26 Roll Call Ayes: Ihlan, Maschka, Schroeder, Kough and Klausing. Nays: None. 11. Consider a Proposed Resolution Relating to Access to the James Addition Councilmember Ihlan distributed and reviewed an e-mail she had received from MnDOT General Manager Frank Pafko. Councilmember Ihlan detailed her perspective of MnDOT requirements, and her subsequent conversations with and reactions to the proposed resolution of Mr. Pafko. Ihlan moved, Maschka seconded, adoption of Resolution No. 10293 entitled, "Resolution relating to a process of studying possible access alternatives for the James addition neighborhood. " Councilmember Kough advised that he had spoken to Mr. Pafko and spoke in support of the motion. Councilmember Schroeder addressed his concerns related to a section of Mr. Pafko's e-mail that he interpreted differently from Councilmember Ihlan, and whether once the City determined an alternative, MnDOT would close access anyway. Discussion ensued related to MnDOT's flexibility and timeframe; continued discussion with the James Addition neighborhood to find consensus of an alternative; ordering a feasibility study at this time; the nature of additional studies by staff when numerous alternatives were presented already without consensus; and the willingness of the neighborhood to concur on an access solution. PUBLIC COMMENT A1 Sands, 2612 Aldine Mr. Sands spoke in support of the motion and continuing the process of neighborhood meetings to achieve consensus. Councilmember Schroeder reiterated his concerns related to Mr. Pafko's comment in Item #4 of the e-mail, "Once the City has decided and acted (or not), MnDOT will close the median Resolution 10293 Access to James Addition City Council Regular Meeting — 04/11/OS DRAFT Minutes - Page 27 opening permanently;" and his interpretation of that statement. Councilmember Schroeder opined that, with the initiation of County Road C reconstruction at this time, staff needed direction to begin a feasibility study and hold information meetings immediately. Mayor Klausing noted the attractiveness of pursuing the options and alternatives from an "elected official" standpoint; but noted his concerns from a"public policy" standpoint in that all costs and short and long-term options and alternatives had been identified and rejected, and it seemed an effort in futility. Councilmember Maschka concurred with Mayor Klausing relating to a lack of consensus in the neighborhood; and questioned whether Lincoln had been considered for a rightW in/right out only access. City Engineer Debra Bloom City Engineer Debra Bloom reviewed past alternatives f�'om an original 1997 Task Force study, as well as those reviewed during 200112002 and specific discussions with the James Addition neighborhood. Ms. Bloom discussed the lack of neighborhood consensus, length of time required for potential right-of-way acquisition due to railroad crossing and easement issues; impacts for alternatives on County Road C construction currently taking place; impacts on area businesses; Herschel as the preferred alternative recommended by staff; Lincoln-Fry access concerns for northbound lane access due to four lanes on Snelling Avenue in that area and its nearness to County Road C traffic activities. Discussion included installation of conduits at a potential Herschel access point as part of the County Road C reconstruction to ensure their availability if needed in the future; traffic congestion with the County Road � project and access concerns at the crossover; acquisition costs for residential and commercial properties for access alternatives; short and long- term access issues; and the need for the neighborhood to come to agreement on an alternative access. Roll Call Ayes: Ihlan, Maschka and Kough. City Council Regular Meeting— 04/11/OS DRAFT Minutes - Page 28 Nays: Klausing and Schroeder. 12. Adjourn Adjourn The meeting was adjourned at 9:�0 p.rn. ATTEST: Craig D. Klausing, Mayor Neal J. Beets, City Manager �� "�r�� ` `�. ���,�+� ���t �'. ������ 11 � ���� � V n ❑rns�o�r � �rxa xor�n.tnv� ca�srnrrY �Nc. April 8,2005 Mayor Craig�a�as�ng ��r� Meznh�rs of City Council, City of Roseville, 2660 Civic Center Drive, Roseville, MN 55113-1899 Dear Mr. Mayor and Members of Council, RE: Twin Lakes It is our understandingthat Councilor I�zlarz has requested Council's consideration of the following motion at its meeting on Apri1 11th. "The staff is directed to request Master Developer Rottlund Homes to assemble and provide for Council review a11 supporting documentation for its financial pro fom7.as, term sheets, and application for tax increment financing and other public subsidies, including a11 supporting documentation submitted to the City's financial consultant, Krass Monroe. Staff is directed to make this supporting c�ocuzxz��tation available to the Council as soon as possible, to a11ow adequate time for review :��� any further Council discussion of financial pro f�rmas, term sheets, and subsidy applications for the Twin Lakes development." We are taken aback by this motion and are concerned about its import. We do not believe that the motion is appropriate or necessary for the reasons to be expressed. We are of the opinion that this motion is nothing more than a thinly veiled attempt to derail an emerging process that wii� eventually lead to the redevelopment of'Twin Lakes — a process that, notwithstanding the objection of a minority, has been consistently supported by a majority of Council. Rottlund in advancing various considerations associated with Twin Lakes has submitted applications in fu11 compliance with t��e requirements of the City. To support our applications and considerationsby the City we have provide the requisite supporting info�znatio�. This information has either been provided directly to the City or has been provided Krass Monroe on a proprietary basis. Both City staff and Krass Monz-oe have been satisfied with the completeness of the information and have not requested anything over and above what has previously been provided. � �oriC�i�it �1FL� `"�:��rAr= ![Gi CF7a1�E PL�I �! E 1'PJ�.R fC�Sa'�4111� i�i!� jj_l� i�i:l f,�l7�AF 1�7i 1�7 Ij �� �{�� It has been my observation that a majority of Council has been satisfied with the completeness of our applications, the informationthat has been provided and the assessments provided by staf£ It is acknowledged that not a11 the in�'az-z�atio� we have provided has been made available to the public. This information has been provided Krass Monroe on a confidential basis due to its sensitive and proprietary nature. This fact was discussed with Council at its meeting on March 14". It is my recollection that the appropriateness of this approach was acknowledged by the City Attorney. It was stated that any member of Council could review the proprietary information provide Krass Monroe provide certain confidences are to be maintained. We would object to any decision that would require confidential and proprietary information be released. We do not believe it is appropriate for Council to require the opening of Rattlund's �i1es. We have provided the information required by Council and there has been no indication that the information provided either staff or Krass Monroe is not complete or lacking in any manner. We feel this is request is another attempt to delay a slowly progressing process. The motion also speaks for requesting copies of T�E' applications and term sheets. Rottlund �i1ed its application for TiF approval on Api�i1 ls� and undoubtedly a copy can be obtained from staf£ Negntzaiions are currently taking place on the terms and conditions of a Term Sheet and it is my understandingthat this wi11 be the subj ect of Council consideration later this month. In conclusion, we would ask Cou��cil to reject this motion for the reasons expressed and continue along the path that has been established both in the "Contract for Exclusive Negotiations" and detailed in the City's various applicationprocesses. f.�aurs very truly, � � r� � ��.�,�'�;�� ���'�.� " b ,�. � ic�ael Noona�a, Vice President. Minnesota Division ]�r���imn c.e. Nea1 Beets, City Manager Dennis Welsch, CommunityDevelopznen.t Director Ts�rr �.� !� ��� From: Amy Chlan [ar�y�brialiaw.com� Sent: Monday, April 11, 2005 ' 1� PM To: Neal.Beats@ci.rosevil[e.mn.us Cc: ma�Sre?.rl- �;5:: dl�i �:; tos2V��e mn. us Subject: =�.'4r�. Snelli�g �ivaa�n�us �lOa�CCmst Dear Neal and Margaret, Would it be possible to make copies of this e-mail to distribute at the meeting tonight? Thanks, .�, u :� Amy J. Ihlan Brio1 b. Associates, PLLC 3700 IDS Center 80 S. Sth St. Minneapo�is, MN 55402 '�ll�: ;�7-��!:� �;I'�'�+��fl•r� I.11ti.r'.T. Please visit us on the web at www.briollaw.com _____Original Message----- From: Frank Pafko [mailto:Frank.Pafko@dot.state.mn.usl Sent: Monday, April 11, 2005 1:(�7 PM To: Amy Ihlan Cc: de�?.blaom@ci.roseville.mn,us; Neal.Seets@ci.roseville.mn.us; amyah�.an@comcast.net; Amr Jabr; Ramankutty Kannankutty; Marc Goess Subject: Re: Snelling Crossover at Oakcrest Councilperson Ihlan, Metro has reviewed the proposed Resolution and have the following observations; 1. Open immediately. Immediately is governed by our Maintenance resources, so immediately is in about a couple of weeks. 2. Mn/1�aT will reclosa if the City decides to not move, or if the City takes too long to implement the decision to move. We would consider a Fall 2005 inclusion of the project into the CIP, a Spring 2006 decision on selected alternative and construction underway by Spring 2008 a reasonable implementation schedule. 3. 41r�::.�9�� �.:1 ]: reclose immediately if a safety problem occurs because of the median crossing. I'1� ask Traffic to set an objective, measurable criteria (x number of preventable crashes over y months). 4. Once the City has decided and acted (or not), Mn/DO`T' will close the median opening permanently. Thanks for your help. Good luck tonight. Frank Pafko Metro North Area Manager Phone: 651/582-148i Fax: 651/582-1302 I�� �.� �. I'�7Fk-.%��r.t .e_� r���c_-::.�.s >�> "Amy Ihlan° <amy@briallaw.com> 04/11/05 09:12AM »> Dear Frank, We talked after the most recent neighborhood meeting on the Snelling Ave. median crossing at Oakcrest, and I asked you what the Roseville city council needs to do to get the median re-opened. Attached is a draft resolution I have put on tonight's Roseville council meeting agenda for discussion -° I did my best to address all of the items you mentioned, but would appreciate it if you could review the draft and let me know whether this is what you have in mind, and whether any additional provisions would be necessary to re-open the median pending the city's work on an alternative access to the James Addition. I am bringing this issue before the council tonight because :� understand that the County Road C reconstruction work is beginning. As a practical matter, I think our city staff and council have already begun the study process you suggested, and I would like the council to take action as soon as possible to get the median re-opened to alleviate pressure on the Snelling/C intersection during construction. Thanks in advance for your help! Sincerely, Amy Ihlan Roseville City Council Member � �T17���! -• r•,lihli� ��� �.{ Minnesota Department of Transportation � � � �rarti�pa�l�liar� Buiiding ���'r� 395 John Ireland Baulev�rd Saint Paul, �(tinnesota 55� 55-1893 March 25,2005 Mr. �Iwy� Sands 2612 Aldine St., N. Roseville, MN 5�� 13 RE: TH 51 Snelling Avenue at C�akcrest Avenue Dear Mr. Sands: Thank you for your letter dated February 7, 2005 in which you brought forth a short-term proposal for opening of the median at qakcre5t Avenue. The Minnesota Department of `�ransportation, Office of Traffic Engineering believes that prohibiting right turns on red at eastbound County Road C to proceed southbound on Snelling Avenue will adversely affect the operations at this intersection and they recommend not to do this. On February 2, 2005 I met with members of the Roseville City Councit to discuss this median closure. A plan of action was developed in which the City would e�lore and implement a long-term solution for access into your neighborhood. A short-term solution was also reached. The Minnesota Department of Transportationwill temporarily open the median for northbound Snelling Avenue access into your neighborhood once the City of Roseville passes a resolution to develop a long-term solution and to having it included in their Capitol Improvement Program. This temporary opening will be closed permanently when a new safe access is constructed for yc�ur neighborhood. If you have any other questions, please contact Frank Pafko at 65�/582-�481. Sincerely, �� ���_.�'ijt-a� e�_ Carol Molnau Lt. 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M _ :M1' j � • ���uW TM��� � � � ���[���� Shelter Designs �.���� ~�-k �� .� , ��t � '� ._f , . � � �� � ;, .� � i � y _ . . � � • _ _ �' �-rr� �� �_ , � �.i}:: . F', •' N . . • Sc � r. • � i:, . ! • . .> . = +1 �?i.'!�`.Z . ' . � . . _f:. .}.,, _ =y�,��. . _ . . . . . . _ . . - _, �r�- � - -� � - � , . . . . �.5•Y• '�' .-_ " • f.�•. " ., ' .. ti ,- ��� . , � • . �k ' , ',,• '. . . • .._ _. • �r:i� ._ . _ • . � i '�{�• ��L EXTRACT OF MINUTES OF MEETING OF CITY COUNCIL bF CITY OF ROSEVILLE RAMSEY COUNTY, MINNESOTA Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Roseville, Minnesota, was held in the City Hall in said City on Monday, April 11,2005 at �':00 o'clock p.m. The following members were present: and the following were absent:. Councilmember introduced the following resolution and moved its adoption: RESOLUTION RESOLUTIONAPPROVINGATTACHED CONTRACT FOR WATER SERVICES BETWEEN THE BOARD OF WATER COMMISSIONERS AND THE CITY OF ROSEVILLE, AND AUTHORIZING THE MAYOR � W A G E R TO SIGN SAID CONTRACT WHEREAS, the City of Roseville, Minnesota, has purchased wholesale water from the Board of Water Commissioners of the City of St. Paul for 42 years; AND WHEREAS, the most recent agreement expired on May 24,2004; AND WHEREAS, the City of Roseville and the Board of Water Commissioners have an interest in continuing their relationship; AND WHEREAS, the City of Roseville and the Board of Water Commissionershave agreed upon a ��e�r 20-year contract; THEREFORE BE IT RESOLVED by the City Council of the City of Roseville, Minnesota, that the Mayor and the City Manager are hereby authorized az�d directed for and on behalf of the City to execute and enter into a contract with the Board of Water Commissioners of the City of St. Paul prescribing the terms and conditions for the purchase of water services, a copy of which said agreement was before the City Council and which is made a part hereof by reference. The motion for the adoption of the foregoing resolution was duly seconded by Member upon a vote being taken thereon, the following voted in favor t�exeo�: and the following voted against the same: . WHEREUPON said resolution was declared duly passed and adopted. STATE OF MINNESOTA � SS COUNTY OF kAMSEY } I, the undersigned, being the duly qualified City Manager of the City of Roseville, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of t11� City Council of said City held on the 1 lth day of April, 2005, with the original thereof on file in my office, and the same is a full, true and complete transcript. Adopted by the Council this 1 lth day of April, 2005. fSF.�13.7 Neal Beets, City Manager Date: 04/25/OS Item: 2.b Minutes �f ��r`] �.�� City of �� � ?VFihn�riA, ZJ�.t City Council Study Session DRAFT—Minutes—DRAFT Roseville City Hall Council Chambe�s Monday, Apri118,2005 �;�� p.m. - Executive Session Councilmembers Ihlan, Maschka, Schroeder, Kough and Mayor Klausing met in Closed Executive Session on Monday, April 18, 2005 from 5:00 p.m. until approximately 6:10 p.m. in the Aspen Conference Room at Roseville City Hall. Fairview I� A. Associates, LLC Arbitration Case #65 115 Y 0037104 The purpose of the meeting was to consider possible settlement terms in the lawsuit concerning Tax Increment (TIF) District #15. Attorney Rod Krass, who represented the City in the arbitration hearing, reviewed the developer's proposed settlement with Councilmembers and appropriate staff. Labor Union Negotiations The remaining portion of the Closed Executive Session was to receive an update from Human Resources Manager pona Bacon and appropriate staff related to collective bargaining agreement arbitrations and possible settlement with the City's labor unions, who are contesting a two percent Cost of Living Adjustment (COLA). ��#� p.m. Executive Session Call Roll and Approve Agenda Call Roll and Mayor Klausing called the Study Session of the Roseville City Approve Agenda Council to order at 6:l 2 p.m. in the City Hall Council Chambers 6:1� p.m. on the above date and welcomed everyone. Roll Call (Voting Order) Councilmembers Ihlan, Maschka, Schroeder, Kough and Mayor Klausing. All were present. City Council Study Session — 04/18/OS DRAFT Minutes - Page 2 City Attorney Scott Anderson was also present. Approve Agenda Approve Agenda Mayor Klausing called for any comments or discussion on tonight's Agenda. There were no comments. Mayor Klausing noted the recognition received in the local newspaper of Roseville Area School student Andy Schultz, in a problem-solving competition in Lexington, KY. Andy is the son of Rick Schultz from our Parlts and Recreation Department, and Mayor Klausing offered congratulations on behalf of the City Council and community. 1. Receive Public Comment about City Issues Public Comment Mayor Klausing called for public comment by members of the about City Issues audience on any non-agenda items. A. John Kysylyczyn, 3083 N Victoria Street Mr. Kysylyczyn requested a more detailed summary of the Closed Executive Session held earlier tonight; which City Attorney Scott Anderson provided for public information. Mr. Kysylyczyn provided his observations of City Council meetings over the last eight years and the lack of initiative of elected officials. Mr. Kysylyczyn commended Councilmember Schroeder on his initiative in organizing a group of working volunteers to study crosswalk concerns in the community, along with Parks and Public Works Commissioners. Mr. Kysylyczyn thanked Councilmember Schroeder. 2. Briefing about Draft City We�iness Program Briefing about Human Resources Manager pona Bacon presented a proposed Draft City Wellness Wellness Program for Roseville City Employees, and entitled Program "Coming Up Roses, Not Pushing Up Daisies." Ms. Bacon briefly reviewed the challenge; strategies for tackling the challenge; Roseville's health care rate increase history over City Council Study Session — 04/18/OS DRAFT Minutes - Page 3 last four years, Roseville's plan design/cost sharing, and claim utilization history. Ms. Bacon presented an overview of health risk management and the operating plan for the initiative, the purpose of which would be to educate employees and their dependents on fitness/health issues, as well as providing an opportunity and support for them to consciously make choices to improve their overall health and wellness, leading to a better overall life and more satisfying and productive work environment while striving to better control health care costs for the employee and the City. Ms. Bacon reviewed the goals to be pursued, including implementation of a health improvement program that includes education, awareness, prevention and behavior change opportunities for healthy lifestyles; promotion, encouragement and support for healthy lifestyles; reduced risk factors; less illness and injury; fewer claims of any sort; fewer absences for any reason; reduced medical care costs; reduced premium costs; increased productivity; and greater employee work/li�� satisfaction. Ms. Bacon used the City of Maple Grove's nationally-recognized and award-winning wellness program as a working and successful example; and then explained a proposed City of Roseville Wellness Program tracking form for each employee, with financial implications and incentives for employees for their participation. Ms. Bacon requested City Council support of this program in an effort to reduce overall employee health-care costs. City Manager Beets advised that the impact to the 2005 Budget, with proposed implementation in May of 2005, would be minimal, given the monies anticipated to be saved with increased employee efficiency and productivity through less work absences. Mr. Beets noted that this was the theory behind wellness programs, to make employees more productive and efficient while they're at the work site. Ms. Bacon concurred, citing savings in the City's Family City Council Study Session — 04/18/OS DRAFT Minutes - Page 4 Medical Leave Act (FMLA) absences, Workers Compensation losses, health insurance claims, and the �ealthPaztners incentive of a one to two percent discount for implementation of a wellness program for the City. Mr. Bacon anticipated that the program would pay for itself. Discussion included various tests to determine participation and compliance; various incentives, their advantages and disadvantages; encouragement of citizen and Councilmember participation by advertising the program in various City media sources; whether it was appropriate for financial incentives, or whether vacation time, health reimbursement account or tuition reimbursement would be more favorable; and ways to offset costs. Council consensus appeared to be support for implementation of the program. Staff advised that the item would therefore be placed as an action item on the Apri125,2005 Council agenda. 3. Review and Discuss Draft Ordinance Amending Title Five, Section 50116 of the Roseville City Code relating to Dangerous Animals Police Chief Carol Sletner advised Councilmembers that she had revised the ordinance, based on past comments and suggestions from the City Council, and requested three components for Council considerationrelated to the revised ordinance: 1) changing wording of ordinance from dogs to animals, in order to be more proactive and respond to all potential animal bites and complaints and not just those involving dogs; 2) specifics of proper enclosures and differing viewpoints involved {i.�., inclusion of food/water}; 3) the importance of registration of potentially dangerous animals. Chief Sletner noted that last week, a dog had bitten a jogger, the second incident for that particular animal, and the need to identify the animal as potentially dangerous. Councilmember Kough opined that he was concerned about who would serve as a designee to determine the appropriateness of an animal's behavior and their expertise to make such a Review and Discuss Draft Ordinance Amending Title Five, Section 50116 of the Roseville City Code relating to Dangerous Animals City Council Study Session — 04/18/OS DRAFT Minutes - Page 5 determination; expressed concern regarding the common nature of dogs reacting to unusual or loud noises; the size stipulations for enclosures depending on type and size of the animal; and his lack of support for the proposed ordinance with its current language. Chief Sletner spoke to Councilmember Kough's concerns regarding people on wheeled conveyance, and the need for animals to be under the control of the owner or family member, and the circumstances of each individual incident taken into consideration for basing decision-malting. Mayor Klausing thanked Chief Sletner and staff for taking the initiative to be proactive in pursuing this ordinance; and applauded those efforts. Mayor Klausing expressed his confidence that the ordinance would work, and could be amended as circumstances and experience dictated. Mayor Klausing noted one item of concern, that of the kennel specifications. City Attorney Anderson concurred that further language consideration may be needed to clarify the requirements for enclosing potentially dangerous animals, based on type and size. City Attorney Anderson also addressed the definition of "potentially dangerous animals," noting that state law already contained that definition and would be applicable to dogs in this jurisdiction. Councilmember Ihlan expressed her preference for the ordinance that incorporated the language of state statutes. Councilmember Ihlan further opined her concern regarding enclosure definitions and stipulations; application to dangerous animals, not just dogs; and the appeal process and appropriate party for appeal to avoid the City Council malting political decisions. Chief Sletner advised that no one was available on a County level for the appeal process, but that the County contracted out. City Attorney Anderson advised that, the language in the proposed ordinance was an effort to insulate the City from any further administrative procedural costs; and that whenever a City Council Study Session — 04/18/OS DRAFT Minutes - Page 6 municipality makes a decision, there was a court-appeal procedure whether defined by ordinance or not. Councilmember Maschka spoke in support of having an ordinance in place, with his preference for incorporation of state law into the City's ordinance, with further clarifying details included. Councilmember Maschka opined his support of the changes made to-date; expressing his concern regarding enclosures. Further discussion included Section D4 related to sterilization of dangerous animals and inclusion of the word "require;" implanting of microchips as a prerequisite to registration; and officer discretion. Councilmember Schroeder opined his lack of support for a City ordinance more detailed than state statute; and questioned the need for such an ordinance. Chief Sletner advised that the proposed ordinance was not prompted by one incident, but had been recommended through police department experiences as well as attorney advice to tighten up the City's ordinance related to dangerous animals. City Manager Beets advised that staff would incorporate tonight's comments and discussion into another revised draft of the ordinance to bring before the City Council as an action item to determine where the votes lie for enactment. 4. Review and Discuss Draft Ordinance Amending Title Three, Section 311.12, Pawnbrokers and Precious Metal Dealers Police Chief Carol Sletner and Sgt. Lome Rosand were present to review the proposed ordinance amendment to allow Police Department investigators to successfully prosecute individuals who pawn stolen property. Sgt. Rosand reviewed the proposed wording amendments that would make it illegal to "accept for pawn, sale or consignment any article or property if the article or property belongs to another, or if another person has a security interest in the property;" making it a crime (misdemeanor) to pawn another Review and Discuss Draft Ordinance Amending Title Three, Section 311.12, Pawnbrokers and Precious Metal Dealers City Council Study Session — 04/18/OS DRAFT Minutes - Page 7 person's property. The proposed language amendments would also prohibit a pawnbrolcer or precious metal dealer from receiving property from a person of unsound mind or an intoxicated person, and also prohibit the seller of said property from giving a false or fictitious name, date of birth, or other pertinent information. After brief discussion, Council consensus supported the language amendments, and staff was directed to bring the item forward for action at the next regular Council meeting on the Consent Calendar. 5. Briefing about Draft Twin Lakes Term Sheet Community Development Director Dennis Welsch introduced City Consultants Jim Casserly and Gay Greiter of the K�ass Monroe �aw�rm. Mr. Welsch reviewed the process to-date in preparing a term sheet, providing feedback and direction to the Twin Lalces Master Developer Rottlund Homes. He indicated the term sheet is an outline of terms for a possible Redevelopment Contract. He indicated that formal action on the term sheet is proposed for the April 25, 2005 City Council regular meeting, at which time the Council would also be aslced to schedule public hearing dates for establishment of new Tax Increment Financing (TIF) Districts. Mr. Casserly advised Councilmembers to look at the details of the term sheet as a status report, reflecting negotiations to-date, but not by any means final, and encouraged Council direction and preference expressed in how to further proceed. Ms. Greiter reviewed each specific item outlined in the draft term sheet and entertained, along with Mr. Casserly, Council questions and comments related to each item. The term sheet details included definitions of the parties involved; identification of the redevelopment property; creation of a TIF District; fiscal disparities paid only from within the Twin Lakes TIF District; eminent domain issues; tax increment financing issues; calculation of assistance needed; TI Revenue Bonds and Notes; priority of application of TI; Calculation of redeveloper margin and limitation of assistance; land acquisition Briefing about Draft Twin Lakes Term Sheet City Council Study Session — 04/18/OS DRAFT Minutes - Page 8 prices; land sales prices; construction fund administration and accounting; redeveloper entity; reconveyancelassignment; development costs; platting; city public improvements; redeveloper public improvements; site improvements; minimum improvements; phasing; quality of minimum improvements; capitalized interest; contamination grants and responsible parties; government approvals; permitsl€ees; zoning and land use a�provalsleasements; special assessments; park dedication feelpublic open space contributions; Business Subsidy Act exemptions; relocation of tenants; prohibition on tax exemption; and the effect of the tez-m sheet. Council comments, questions and discussions were as follows, identified by individual page and topic: Page 1 Discussion included identification of the City as the legal entity to enter into a contract; proposed language changes from "will" to "may;" statutory test assumptions; expertise of the City's Development Attorney and staff and their desire to protect the City's interests; Policy discussions related to the "subsidy" pacicage and t�z�:�. sheet obligations implied; redevelopment agreement contingent upon creation of a TIF District and sequencing; possible inclusion of a separate clause related to pending litigation regarding environmental issues and Comprehensive Plan and Zoning amendments and other declarations to be included in a redevelopment agreement, as well as severability clauses as appropriate. Page 2 Discussion related to Eminent Domain included identification of parcel ownership and status to-date; status of a U. S. Supreme Court case and implications to the Twin Lakes Redevelopment Project; whether or not an appropriate public purpose can be found or if the project is deemed economically unfeasible due to the inability to obtain necessary parcels; property acquisition uncertainties; potential cap for eminent domain acquisition; and rephrasing of paragraph 4 in lceeping with the best interests of the City. City Counci� Study Session — 04/18/OS DRAFT Minutes - Page 9 Discussion related to tax increment financing included a description and clarification of TIF Revenue Bonds and the City's risk; comparisons of bonds and notes; differentiation of notes held by the developer and not for resale; and letters of credit or building completion prior to bond issue, which would be explicitly outlined in a redevelopment agreement. Page 3 Calculation ofAssistance Needed Discussion included the methodology for holding developers accountable and allowing the City to assure that the rate of r�turn was complied with as a cap. Tax Increment Revenue Bonds Discussion included difficulties in attempting to model impacts, benefits and liabilities to the area and/or the overall city; hazardous substance subdistrict calculation for existing or proposed tax base; details of the Tax Increment Financing (TIF) Act and the City's TIF Policy; and specific findings for the City to authorize a hazardous substance subdistrict with the statute imposing a cap. Page 4 Discussion included Tax Increment Revenue Notes; Priority of Application of Tax Increment; Land acquisition prices; Land Sales Prices; Calculation of Redeveloper Margin and Limitation of Assistance; pro forma calculations referencing resale value, income streams, developer holding of some of the commercial property and the impact on the City with other forms of income; and reconciliation of residential and commercial property values at a fixed point in time, possibly 4-5 years, to close the City's investment on the project. Page 5 Construction Fund Administration and Accounting; Redeveloper Entity; Reconve�ance/Assignmen�; Development Costs; Platting; City Public Improvements; Redeveloper Public Improvements; cost of environmental clean up related to sources and uses and impact on the overall financing package; risk assumptions of the developer; risks of removing existing taxpaying businesses; and City Council Study Session — 04/18/OS DRAFT Minutes - Page 10 identification of reimbursable costs. Page 6 Discussion included Site Improvements and Minimum Improvements; incremental increase in tax revenues based on improvements, not the current tax base; identification of anchor "big box" retailer and negotiations to-date. Page 7 Discussion included Phasing; Quality of Minimum Improvements; Capitalized Interest; and ongoing discussions for Areas 5 and 8 and anticipated property acquisition costs related to cash flow and how best to balance. Pages 8 and 9 Discussion included Capitalized Interest; Contamination Grants, Responsible Parties; Government Approvals; PermitslFees; Zoning and Land use Ap�aroval�/Easements; Special Assessments; Park Dedication FeelPublic Open Space Contribution; Business Subsidy Act; Relocation of Tenants; and Prohibition on Tax Exemption; and Effect of Term Sheet. More detailed discussion included the possible exploration of some percentage or dollar amount of the Parlc Dedication Fee dedicated to public art, or that the developer receive credit for public art improvements; current policy related to park dedication �'u�.ds and possible resolution or ordinance amendment related to accommodate changes to the policy; need for City Council definition related to parlc dedication fees if they wish to deviate £�om the current policy (�.e., Langton Lalce Parlc development specifically); and potential land dedication in lieu of �u.�ds for protecting the natural environment of the parlc. Mr. Casserly was aslced to provide City Manager Beets and the City Council with additional information related to the Business Subsidy Act exemptions. Further discussion included property acquisition costs, removal of existing buildings and tax base rate calculations and timing related to actual redevelopment or build out on the site; the need for further review of project phasing related to freezing the TIF City Council Study Session — 04/18/OS DRAFT Minutes - Page 11 District base tax rate; identification of responsible parties for environmental remediation and reflection of such in acquisition documents and pricing; and TCE groundwater analysis to-date and remediation. Recess Recess Mayor Klausing recessed the meeting at approximately $:43 p.m. and reconvened at $:50 p.m. 6. Discuss Draft Council Rules of Procedure Noting areas of consensus and lacic thereof, Mayor Klausing opined that revisions to the proposed Roseville City Council Rules of Procedure needed to be voted up or down, amended or eliminated. Councilmember Schroeder requested written comments be provided to staff and fellow Councilmembers from Mayor Klausing and Councilmember Maschlta to determine further consensus items. Councilmember Kough concurred; and requested discussion time for several items at tonight's meeting. Mayor Klausing advised that prior to Council action, public comment would be received as appropriate. No action was taken. 7. Discuss City Council Goal Setting City Manager Beets reviewed Department Head identification of "Big Issues" for the City in 2006 and beyond, and requested that the City Council prioritize individually and return those to staff; followed by calculation of Council aggregate priorities and perspectives as the staff begins initial work, on a department level, on the 2006 Budget. Mr. Beets noted that a ranl�ing structure could then be used for discussion purposes and reflection of City Councilmembers. Councilmember Mascl�I{a opined that, beyond budgetary parameters, there were global issues that needed review (i.e., housing) and a worlc program needed to be developed for the Discuss Draft Council Rules of Procedure Discuss City Council Goal Setting City Council Study Session — 04/18/OS DRAFT Minutes - Page 12 remainder of the year. Councilmember Maschka further opined that this was a good start, but �u��.�x discussion and refinement was needed at a future Study Session. Councilmember Schroeder requested fiarther clarification and description of some items listed in the priority list; with Council consensus that individual Councilmembers seek further clarification directly from staff, rather than additional staff presentations at a Council meeting. Discussion included definition of the ranking system and process; and further need to define additional issues individually prior to group ranking. Councilmembers agreed to provide staff (Margaret) with their individual comments and priorities by April 27, 2005 to allow staff to compile a comprehensive listing for further Council consideration. 8. Discuss Sale of City Property Mayor Klausing referenced the legal opinion rendered by the City Attorney, dated April 13, 2005, related to disposal of surplus or excess City property, and requested a summary from City Attorney Anderson. City Attorney Anderson provided an overview of their determination of when City Council authorization was required for sale of surplus City property, specifically legal thresholds in terms of dollar value, based on state statute in general, statues related to Statutory B cities, and City ordinance; in addition to real estate. Councilmember Kough opined the City Council needed to be more involved in determining disposal, even if the City Manager was given discretion, with the City Council serving as caretakers of public property. Councilmember Kough provided a bench handout entitled, "Proposed Resolution by Councilman Tom Kough, April 18, 2005, Disposal of Surplus or Excess City Property;" for Council consideration. Councilmember Kough proposed: 1) Control of Finances and Property: Discuss Sale of City Property City Council Study Session — 04/18/OS DRAFT Minutes - Page 13 The City Council would have management and control of the finances, and all the property of the City, both real and personal and may provide for the sale of any such property in such manner as it shall consider for the best interests of the City; 2) Authority to Acquire and Dispose of City Land The City Council may by 415 vote of inembers of the Council sell, convey and dispose of City Land or Buildings that the City owns, but are no longer needed for municipal purposes. Councilmember Kough proposed an annual auction of surplus property as an option. Discussion included statutory and delegatory authority of City Manager; current policy; and taxpayer ownership of property and equipment. Councilrnember Ihlan spolce in support of Councilmember Kough's proposed resolution, suggesting that the City Council be periodically notified of surplus property available for disposal to determine if there is specific interest in disposal of particular items. Councilmember Schroeder questioned whether this was an attempt by the City Council to micro-manage the entire system; recognizing that the unfortunate disposal of the historic fire trucic was a process issue. Councilmember Maschka spoke against the proposed resolution; recognizing that disposal of the fire trucic was an unfortunate circumstance. Mayor Klausing expressed his confidence in the current policy for Council review of the purchase or disposal of items in excess of $5,000 as outlined by the City Attorney. Councilmember Kough highlighted the second area of concern related to acquisition and disposal of City land, requesting a 415 vote of inembers, citing the golf course and potential future development requests as a specific example. City Attorney responded to Councilmember Kough's questions City Cauncii Study Session — 04/18/OS DRAFT Minutes - Page 14 related to super majority and simple majority voting and statutory language. Councilmember Ihlan spoke in support of the second portion of the proposed resolution related to city land. Councilmember Schroeder requested a summa�y of statutory review related to this specific item prior to further Council discussions and consideration. City Attorney Anderson was so directed to provide an opinion related to majority vote for land acquisition and disposal, based on statutory language, at his earliest convenience. 9. Discuss City Newsletter Name and Masthead Design Elements City Manager Beets reviewed the recent choice of Greenhaven Printing for the redesign and printing of the city newsletter and presented several mock-ups of a proposed redesign for Council consideration, with the objective of freshening up the look of the newsletter and tal�ing advantage of the new printing firm's graphic designer. Discussion included colors, name change on the masthead, font sizes and types and staff recommendations. Council consensus was in concurrence with staffs recommendation for the slant version on the masthead, and serif typeface for easier readability. 10. Proposal for Community Planning Process for Langton Lake Park Councilmember Ihlan requested discussion on a community planning process for Langton Lake Park modeled after that recently completed for Ladyslipper Park. Councilmember Ihlan noted the success of that particular process and the outcome; proposing the same for Langton Lake Park in relationship to Parkway construction and redevelopment. Councilmember Schroeder noted the difference in that Ladyslipper Park had no Master Plan prior to the process, but Discuss City Newsletter Name and Masthead Design Elements Proposal for Community Planning Process for Langton Lake Park City Council Study Session — 04/18/OS DRAFT Minutes - Page 15 that Langton Lalce Parlc has an existing Master Plan, which would obviously need updating in relation to Twin Lalces Redevelopment, but opined such discussions at this time would be premature until it was determined what the actual development would be. Councilmember Maschlca concurred with Councilmember Schroeder's comments, noting that the Parks and Recreation Commission was very cognizant of needs of the park and the neighborhood. Mayor Klausing concurred with Councilmembers Schroeder and Maschlca, no�ing that additional housing units, parlc users and stakeholders needed to be brought into the discussion process at a later date for consideration. Councilmember Ihlan expressed concern that the process she wanted should be in place before the development process. Mayor Klausing noted that the developer had been instructed that Langton Lake Park was "off limits" with their directive that the parlc remain untouched. Further discussion included proposed Twin Lakes Pathway along the southern park boundary; realignment of Parkway; and the proposed role of a task force at this time. Councilmember Schroeder concurred, up to a point, with Councilmember Thla�'s process, but opined that further information was necessary as to what the Twin Lalces Development would look lil�e. Mayor Klausing noted that there appeared to be City Council support for lool�ing at the Langton Lalce Parlc Master Plan at a later date, but such consideration was premature at this point. 11. Adjourn Adjourn The meeting was adjourned at 9:43 p.m. City Council Study Session — 04/18/OS DRAFT Minutes ' Page 16 ATTEST: Craig D. Klausing, Mayor Neal J. Beets, City Manager Department Approval: ���� REQUEST FOR COUNCIL ACTION Manager Approved: Item Description: Approval of Payments Date: 04/25/OS �tem No: 3.a Agenda Section: �'oit�crt� Introduction State Statute requires the City Council to approve all payment of claims. The following sui�nar� of claims has been submitted to the City for payment. �C�}� Pa��m��s[� �y r�a 5 I=E.'r'� I �8#�68-3$�$� ���i$a���.��a � T�t�] ���3,0�0,�� A detailed report of the claims is attached. City Staff have reviewed the claims and considers them to be appropriate for the goods and services received. 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U � � r� •t � 0 H �. 0 � N � O N N a � Q � 00 � � ¢ � t.r > O .-� � Lr w � V � U � Department Approval: �' �. �� REQUEST FOR COUNCIL ACTION Manager Approved: �� f � r ��,4z` Date: 4/25/2005 Item No: 3.b Agenda Section: �-�IL4��L5� Item Description: Request for Approval of General Purchases and/nr Contracts Exceeding $5,000 Introduction City Code 103.05 establishes the requirement that all general purchases and/or contracts in excess of $5,000 be approved by the Council. City Staff from various departments have submitted the enclosed items for Council review and approval. Funding for all items is provided for in the current operating or capital budget. The items include the following: }�t�:���� T���t�nrc,� Superior Ford Berbee Information Network Minger Construction t'ed�r�L V�r'�rnin � �.� '}�stem� . 1 I I� 11; .� rl�i� r�licFn E�1tiYa�ing Replacement - 7 police squad cars Network firewall for police records systerr R���c�.irEe� �� �� ��at �f �r�E�r�� ��� }�cplacc �iitc�o�r ����riin� si i�r� _ Staff Recommendation Staff recommends the City Council approve the submitted items. Council Action Requested Approve submitted list of general purchases and/o� contracts for services. � ] ,�,�,D?.61 ; 161,091.00 14 534.67 3�,�6`3-� : 1 Vq� 7 S.+J+J_ REQUEST FOR COUNCIL ACTION Date: 04/25/2005 Item No: 3.c Department ApprovaL• Manager Approved: �� � � ~� �� � Item Description: Approval of 2005 Business Licenses Agenda Section: Consent Introduction Chapter 301 of the City Code requires all applications for business licenses to be submitted to the City Council for approval. The following applieation(s} is (are) submitted for consideration. Cx�arette/Tobacco Products Gasoline Station HARK'S CO dba Roseville Winner 2163 N. Snelling Ave Ci�arei�e/Tabacca Products Harnline Liquors Inc. 2825 Har�iine Ave N. Gasoline Station Tesoro Refining and Marlceting 2288 County Road C Theater Amusement Device Guetschoff Theatre Inc, dba Roseville 4 Theatre 1211 W LarpenteurAve Veterznazv Hos�ital Roseville Animal Hospital 2630 N Snelling Curve F'��]r�iali��3;� Amusement Device B-Dale Club 2100 N Dale Massage Therapy_ Establishment Rocco Altobelli Inc, 1655 County Road B2 Cz�are�te/Tobacco Products Cub Foods �31334 2100 N Snelling Ave Fi;�a�c�a� Implications The correct fees were paid to the City at the time the application(s} were made. Staff Recommendation Staff has reviewed the applications and has determined that the applieant(s} meet all City requirements. Staff recommends approval of the license(s). Attachments A copy of the license application(s} is attached. Council.Action Requested Motion to approve the business license appIicatio�(s) as submitted. ���� �� � ����` City of Roseville Finance Department, License Division 2660 Civic Center Drive, Roseville, MN 55113 (651) 792-7034 Cigareitel�`obacco Products License Application � � f� � f ?�:;i7�{s'��.i��: ��i .� �, .a �� _� Business Address Business Phone - ��� �.._. ���� ������r ����� . ���� � . r�� ����� � ������ ���� .������ �,� . . ,' . ���� ���� �� 4� �f � .. — �a��ail Address �u ���}� � ���}���� ��� �:_���#'�. . ������-��r �� . + 1 y J �~ ... _- ..._.� ���_��� : �l� �. _.. Person �•i Confacfin lZegar�" to Business License: ,-- �� f F; lrr ^ ,'' ����,F ������ � f � ... s , �. _ r,n , r � , ... � Address . . . � _ _ _ . _. _ Phone r� f. r I hereby apply for the following license(s) for the ternl of one year, beginning July T, _�'�.��� , and ending June 30, �=1�` '�•7 , in the Ciry of Roseville, Counry of Ramsey, State of Minnesota. License Reauired Cigarct#e/To6acco Products $100.00 The undersigned applicant makes this application pursuant to all the laws of the State of Minnesota and regulation as �i:�Y Council of the Ciry of Roseville may from time to time �.-y�;,:r��r.,ri, i�l �li �: N. �rn��� �<� �,:i:�� t' I?�.1 ¢�. �� ��- '� , -f Signature '. — '� —"` A�;�14 ��-r:�r.� � f - r I�ompleted license shouid be mailed somewhere other than the business address, please advise. � ��� � ' � City of Roseville Finance Department, License Division 2660 Civic Center Drive, Roseviiie, MN 55113 (651) 792-7034 Gasoline Station License Application . f� . - ,.�}. �'r� �i �� •'� �a� . •��f, f l rr j F 1 ��'•�i-iti•:ti �~a�r17K �� r� �� �- � � r� r;������r �r'fr`� d�—. � ���,( � ���'_—� — ti � � .� 13�isi��egg f4ddms.s r�'���_...��' ? ���{ � 7 ��l.� �� `��� f� � {y� �� � �� , 1���sii�s Ph4ne .��.� { 1 { �/ �f_ � ��M1 � �+� ����J����� Ir�f ��f�-L�� L.�tYI-� CIY..uI ��t.i�fC.}+ � � ,� ��� � ��_�:�_.�� , r - Person to Contact 1�� Re�ar•d ta Business License. � , � Na�ne � ����.� ���r'r���� - r� _ � Address r Phone l l�erei�y apply for the following lice��se(s) for the ten�� of oa�e year, beginning July 1, ' f f •�" and ending June 30, •�� ���� .,€i1 the City of Roseville, County of Rai��sey, State of M�z��espk�t. License Required Fee Gasoline Station $130.00 The undersigned applicant a��alces this application pursuant to all the laws of the State of Mi�7i3esota a��d regulation as the Cati�zicil of tl�e City of Roseville �r�ay from ''. r.i� io i i- i�r��°i6�, �-�L.lacl i�,�:L p,rfi: r iC�iiSA SI�I'J� # 17G. 3 82 _ ��' r �` � . �,: /l �� ,� ..� � ���. �~ � � •� �= r � --.=� ,� � ��:i;� t.i_ c � � _ —�--�— � � .,� � .'�{�� � Date ' . A fire inspection is required before issua��ce of a license. Please call 651-792-7341 to set up an inspection. If co��apleted license silould be ntailed somewhere other than the busi€less address, please advise. ����-�� F� � City of Roseville Finance Department, License Division 2660 Civic Center Drive, Roseville, MN 55113 (651) 792-7034 C�garettelTobacco Products License Application . + r� . , •r i , � ti r:uKl=�ti�w :!�F;�1� i'� r�'•1'� i� i �ti�; �- r t V,}�.� ,' ��,1'_ � � . Business Address .:�. rar �. � �� � rr'ti �I i f�,�. '�T�' �' ��, � ���:,1�' LL� �� � f'�# �.� � I w • �� � _ { „r_' li:isi�i::ss f':7{�17C '+rl . Y; � �znail Address Person to Contact ��t Regard to Business License: Name j fi r���'i�l'����„t . °� — Address _ Phone � • '� �':-�' � I hereby apply far the following iicense(s) far the term of one year, beginning July 1, � r_ ;�'w � , and ending June 30, , r'.; ti:'.1 , in the City of Roseville, County of Ramsey, State of Minnesota. License Reauired Cigarette/Tobacco Products F�e $100.00 The undersigned applicant malces this application pursuant to all the laws of the State of Minnesota and regulation as the Council of the City of Roseville may from time to time prescribe, including Min��sota Statue � 176.1$2� � I Signature ��'�`���--''~ Date f � �;.�_'k If completed license should be mailed somewhere other tl�an tt�e business address, please advise. �ti�1 ' Ti � '�1 ���� . City of Roseville Finance Department, License Division 2660 Civic Center Drive, Roseville, MN 55113 (651) 792-7034 Gasoline Station License Application ^7tir,,.'i ', '.���.. �.4r�Ll����l���i yS{': �' � ���'_. } ��' i. ; _�i • \' l • r••� iUS1T1eSS ��4I7i� —�=:���yti.: ��K.�i �'�_��i`. �'• � 7r.� I�f �i.t- :.�r• ��L7 �L���•- • ' ��• J��L t' �-`i � r i • .f � 4 3 ��1'_ti�i !1di I�•.ti} . . _ _ '—� � �� _�—' .__�-'7 ? '�l-4.�_�i _�`•_{.k'� �- �.� � ."` �� —_'_" "'_ � � � 4' r.. BUS1rieSS ��]t113� J � �ta�aii Address Pe�so�i � n Gontact in Regct�-cl to i7��s: r:: :� License: -- •.. .. , , , •. L1 �^� E.17. � I : ! 5 � ',{ Il , � �- ' �l � ' � � ,� ��� { �� ��.ti.. � � �ti��-_�.�' � ti.�.�-- t� l - � I �� ���C��S -� � ' �'Jw �� �� �i� -•r�-- � -- r �' •L��. �� ����� � � � } � i_'�, �`�f 1 •` ..�.5 ;• ,� a� ���.� � P'i�_ �ir � .,� . %.. . I hereby apply for the following license(��or the term of one year, beginning July I, ;�tra: '•� , and e�z�la��g June 30, _.' �� ''� r`_, in the City of Rascvitle, County of Ra��lsey, State of Minnesota. License Required � Gasoline Station $130.00 The ��s����'sign�d applicant males tl�is application pursuant to all the laws of 1:1i� State of pv�i�nespta and regulation as tl�e Cauaacil of the City of Roseville ���y f_';� y7 time to tit�e prescribe, irlcludi��g Minnesota Statue #Z76,182. r , �r�� �� � : _ ,; .- - �; ���,���.,� v � . ���}����--.� . t '� �r�`�. . . _ ��s �,� t• � �.�' � . �-�.r�. .f� ; f, „ -�G � . . ��=��f �f� rk [� _ ' �� --•--._ .. . -- Date �� 'r . 2•.i ;� ----- —� A fire inspection is required before issuance of a license. Please call 651-792-7341 to set up an inspection. IF completed license should be n3ailed sat��ew��ere otlZe�- ti�atl :'7� business address, please advise. 1 +� � w,r . r. . . .'. L � ' l� Z� � �.... � . �.L . L � � City of Roseville Finance Department, License Division 2660 Civic Center Drive, Roseville, MN 55113 (651)792-7034 Theater License Application ._ -- � .., , L+�si�o55 `;2.7yU _ . "� _ l� '". V'1�1' � �! �� .'_.� I � �f �"� ? � � - .L_ __._ � � . ._ . . _. .._ 1 _ a . i . � f'a Susinflss A�dr��� �y�{ �` �k� �L'qI�RR F'�7fiii.", y � ��F��� � ..._'_ --�i. ..._.�1 . • ---- - . r..�• Email Address Person to Cantact in Regard to Business License: f� L r{�,�f� �y �+ ++� I�y r, 4 j1��I ��y � r � r �-�17C L' -- 'j I �•' �`�{ �__�'�.L:k . � . . � .`1J�l.�'ir ��-"+ r�� � kr �-� �+f 4:��i� � �Yif • L.,'J 3��t rF� 4� : � = - ,_ . ,• _ . _ ���r�eas — --��-- —.. . .. -- -_ - -�' �r ����`� F�irtx�e — r . -... .._. I hereby apply for 11�e foliowing �icei�se(s} for the lerrt� of one year, beginning July 1, , and endi�lg June 30, , in the Ciry of Roseville, Counry of �Lainsey, State of Ntinnesofa. License Required �, ��anr,'tv Z'¢t�� Theater $70.00 �' ``C� i r�� l, . - qk, s��e�,�} -, - ., - The undersigned ap�licaiat s�nalces this ai�plicatioz� pursuant to all the laws of �he State of Minnesota and reguiati€�i2 as k17� Council of tlie City of Roseville may fi�am t€zne to Si i�l� prescri.l�e, including Mii�nesota Stat�ie #.i 76. i 82. �, ; . ' � ��.. � Signature � w��?_�f -Tk , ' _ ' _ ' � . �'� �.� � � �•� .,} =x .�'(� f-•r- • �= Date f ,k . � i / _ 1 A fire insaection is reauired before issuance of a license. Please call 651-792-7341 to set u❑ an iiisr�ection. If completed license should be mailed somewhere other than ti�e business address, please advise, ��� � ��� City of Roseville Finance Department, License Division 2660 Civic Center Drive, Roseville, MN 55113 (651) 792-7034 Amusement Device License Application .�: . ; .. . . '} ' +a t� ' `'' �`'�' 7'..' �3i�si���� ��� �r7c ' '�' � �- }�' � , �� x tir�r ,� � Business Address r� �� �, �. ,I i t �} � f'; �.1 _12`� � d r . • f �� ' f { 5 }�� { _ !�' � l. �•.•�. ����slr�`�S�!58n; �������'• � J�'_._.�---,�_._.. .�_.r.'._._. �.'..?�. J_. _ _ . l �n-�ail Address Per•son fo Cor�tact i,r� TZegar•d to Business License: 7k 7'77� k :: ti� i�..�ti i f� �., � � � j �? �{ i�.r � .r.�� ___ �� ���'' � ��� �� �`�'��•f , � /�1 Address Phone .�.. r i �a � ��.� �. , ,.. . .. � _ /� .f � � t'}'~�. �.! � �++ i' 3 � � r•.� i � ��_. .� I hereby apply for the following license(s) for the €en�� of one year, begi�l��ing July I, , and ending June 30, , in tl�e Ciry of Rosevil[e, Counry of Ratns�y, State of Minnesota. License Required Eee uantit Ta;3] �-�. --- � :.— A�nuse€��ent Device $15.00 -�� ��; � (�er maehine} � The undersig��ed appiicant a�aalce� tl�is application pursuant to all the laws of the State of Mii�nesota and regulatiaz� as tlie Council of the Ciry of Roseville �ay from tiille to tii3�e prescribe, ii�cludi��� M€�uzesota Statue # 176.182. �.t .� _ � � ignatur� l � • {� � � � �!%f �_ r � �� I��� .. r J �fI.0 �J-� ?-- • + � _ '. A fire Insaection is reauired before issuance of a license. Please call 651-792-7341 to set �ira an inspection. If completed license should be mail�d somewhere otlier tha�1 the: business address, please advise 13u�i�,�s� �E,1_av F3�asir,�s� }��dr�ss .Fi��inc� L�h�nc Ema�! �ddres.� City of Roseville Finance Department, License Division 2660 Civic Center Drive, Roseville, MN 55113 (651) 792-7034 Veterinary Hospital Application �� � � ���.�J , , r, � ��, 7 �-. 2� � _ ��' _ '�'� `�} r fi.��� ��f. �-.� �d �.� ,ir�_ ,��'df��.� ��* �i ��.r�`� � � ��� ��- � � _� - � �*� ��-- - — ��f� ht:�•S'CI•'i t�l ���J�Ir••'�r li! �P��FY� �t� fl�i°�11:'.5.+ ?.:�'�?iI.S°: Name ��.� :� i� : ��I�t. Address ��� 'k � '�- Phone . ! 't �� �'-C_- I hereby apply for the following license(s} for the tez-�n of one year, beginning July 1, �s �%c��,� , and ending June 30, cJ-c• c'� � , in the Cily of Roseville, County af Ramsey, State of Iviinneso�a. License Required Vetez•ina�y Hospital Fee $80.00 The undersigned applicant inalces this application �urs����t �, 3Jl thc law�s �f �c ��t�tc �af ��liar.�sc�La �:�1 r: 4�4�:tL as the Council of the City of Roseville n��y fi-om iimc ir� fia� k irat:.]� in� [�•� i� �r �,� �' � u t''�,1 ��. � ���r.n�turc {� . ..� ��� �r• ���,r ---� ---- Date �'I — � ~ � �� If completed license should be n�ailed somewhere other than the business address, please advise. City of Roseville Finance Department, License Division 2660 Civic Center Drive, Roseville, MN 55113 (651)792-7034 �'aa1/BYllXards License Application ,, � : : �:�- � � E3i�iS'�SS NBICIG �� � _ - ,�.� ��— ����� . - - - r�usu_wf r�� liirt �� . --�! ,� r�,��� Business Phone ��� =�..�� ��•��_�. ��C� ��ai1 Address r',�r•�•��rr Fo {�on�97C�f �R �c�xr� lr� ��V3'I.'It'.5.5 L:c�e'FCsr. �ar�r� 'ri4�f�'Sti Phone , - � — •�`�� / .� �� - � I hereby apply for the following ]iaense(s) for the term of one year, beginning July I, , and ending June 3p, , in the City of Rosevilie, County of Ramsey, State of Minnesota. License Required �'aol/Billiards F'ee $70.00 (first table) $20.00 (eacli additional table) �aT�tii Tntal}��, - � -- �� — The undersigned applicant makes t�1is application pursuant to all the laws of the State of Minnesota and regulation as the Cnu��cil of the City of Roseviile may from time to ta�ne „v�.:i int. i iA ill,' 117� T�f li �rit'•y{+�:� 41._i �t +; ]"� 1�t _� �� - Signature � i 7.�.�t�. '� -- �� �� �� - — - - _� . _ A Are inspection is reyuired before issuance of a license. Please call 651-792-7341 to set up an inspection. Sf completed liceuse should be mailed somewhere other than the business address, please advise. 1 ����. � � � �_ City of Roseville Finance Department, License Division 2660 Civic Center Drive, Roseville, MN 55ll3 (651)792-7034 Amusement Device License Application �'•� { �' - r / � I BusinessNan�e r� *�- � �' ` ���G�� _._ __ Business Address Business Phone �mait Address r � ��� �r _.�-=� � � ��---���� ��.-.�?:��_ �F ''�dN l.{49i(:L': UF �4tl4Yir,:� 1�� �S'2h{n,R� � Y5� � _ �� ' � x T� ^.�f�PtC� ,.����� - �'d� - -•• -- ••— ---•----- - —••—•------ Phone I hereby apply for the �c��lt?5�; ���- ��cense(s} for the terr� of one year, begizuiing July 1, ,`�`� �`�'���� ending June 30, ����, •�i7 the City of Roseville, County of Ra�nsey, State of Mi��esota. License Required Fr� �a�n�l# � Toi�E ,Flrnusen�ent Device $15.00 _� , _ �.��,�` � (per machinc) The undersigned applicant malces t�aas application pursuant to all the laws of the State of Miiv-iesota and regulation as the Council of the City of Roseville may from time to t€��e prescribe, including Mimtesota Statue �2?f.LE-. � ��__ } � � Signature ,,��� � Date ��� �,���� ''"��'�� —, — -, A fire �nsQectfon is required before issuance of a license. Please ca11651-792-7341 to set up an insqection. If completed license should be mailed somewhere other than the business address, please advise. ' � � ��� City of Rasev�Ile Finance Department, License Division 2660 Civic Center Drive, Roseville, MN 55ll3 (651)792-7034 Massage Therapy Establishment License Application Business Name „��_�i ,_ I 1�,},_�, • {t y 1 ,/] j -•--- �— •---- -• - /� �% f �+JNar�' ica/IL2T �� Business Address ��� �����_ ��J1r.,J �- 11� • � � � Business Phone ��a'��7 . ���� �,z�r�axl Address __ ���'�_ _. ���_}__��� r-�� Person to Contact in Regard to Business License: Lz��i'� �'irnz ���f�C�-�t+--w �.� �� �-H'�� }�dress -- _ . _.. — r��— L}_l��ti .�� —u� . r= _ `• " — — Drivers License Number I hereby apply for the following lxcei�se(s) for the ter�� of one year, b�gii��ii�g July ':�g �� , and ending June 31, �, in the City of Rasevitle, Couttry of Ramsey, State of Minnesota. License Required Fee Massage Therapy Establishment $300.00 $150.00 Background Check (new license only) The undetsi�ed applicant makes this application pursuant to all the laws of the State of Minnesota and regulation as the Council of the City of Roseville may ;•: ,i7 time to ti��e F�et•�� l,c_ ;:7�:�•.:i- �[inn�sata Statue �176. I$2. Signature _ _ Date � �� _ �• � If completed license should be mailed somewhere other than the business address, please advise. ��� �l �Y�� Tf 7 ��� � � City of Roseville Finance Department, License Division 2660 Civic Center Drive, Roseville, MN 55ll3 (651)792-7034 CigarettelTobacco Products License Application Business Name Business Address Business Phone f'�wr r� G'�r��acr ;� �Sil� • � ��4�fC�5 f''�its.��• 3��� ��� � ���-��� � � �---- �... _. I hei�ci� :��: far the following license(s} far the tez�m of one year, beginning July l, ����! ending June ��, .��_, in the City of Rosevitle, County of Ramsey, State of Minnesota. License Required Pee � Cigarette/'�obacco Products $100.00 � The undersigned applicant makes this application pursuant �4 all :.' �� =:�� Y u' �:_ S'�w �f �L�ncz�a amm,e[ r�ul�ir��� • the Council of the City of Roseville naay from time to time prescxL�, "- • •-�����`�'� 5' '! 7�s.1�. Signature .. _ Date � .���� � ____ . If completed license should be mailed somewhere other than the business address, please advise. r� �7ate: 04/25/OS Item: 3.d Po1��Y F��w • ��� ���� �O� May 20,2005 .�����x ����F in IZ�sevi�le Whereas: The American Legion Auxiliary, the Veterans of Foreign Wars, and the Veterans of Foreign Wars Auxiliary have adopted the Poppy as their commemorative symbol; and Whereas: The memorial Poppy, assembled by disabled veterans, pays respectful tribute to those killed in war and also benefits living veterans and their families; and Whereas: Public donations for Poppies fund rehabilitationprograms within each local community that benefit veterans and their families; Now, Therefore Be It Resolved, that the City Council of the City of Roseville does hereby proclaim May 20,2005 to be Poppy Day in the City of Roseville. In Witness Whereof, I have hereunto set my hand and caused the Seal of the City of Roseville to be affiYed this 25th day of April, 2005. Craig D. Klaus7ng, Mayor Date: 04/25/OS Item: �.e Lions Club SOt�' Anniversary • roc ama lon Lions Club �€���' Anniversary June 9,2005 Whereas: Lions Clubs offer people the opportunity to give back to their communities. From such projects as cleaning area parks, bringing sight to the blind, providing diabetes awareness and developing youth programs, Lions Clubs are committed to building a brighter future for ���eir community; and Whereas: Today with more than 135 million members in 46,000 clubs in 193 countries, Lions have expanded their focus to meet the ever-increasingneeds of our global community; and Whereas: The RosevilleLions Club was chartered in May 1955; and Whereas: The Roseville Lions Club was sponsored by the St. Paul Midway Club and the Roseville Lions sponsored the North Suburban Evening Club, North Suburban Blind Club, North Rice Lions and co-sponsoredthe St. Anthony Lions; and Whereas: The Roseville Lions annually contribute to such groups as the Minnesota Lions Eye Bank and Children's Eye Clinic, American Field Service, Youth Exchange programs, Hearing Center Building Fund at the U of M, YMCA and the Hearing Dog Program; and Whereas: The Roseville Lions support Camp Courage and other Lions Camps, Youth Bicycle Safety Programs, Youth Outreac%/Quest Drug Awareness and prevention programs; and Whereas: The Roseville Lions Club financed the original Roseville Central Park Pavilion and helped develop Central Park by planting trees and flowers and installing playground equipment, electricity and park benches. Now, Therefore Be It Resolved, that the City Council of the City of Rosevzlle congratulates the Roseville Lions Club on its SQth anniversaryand does herebyproclaim June 9 to be Lions Club Day in the City of Roseville. In Witness Whereof.. I have hereunto set my hand and caused the Seal of the City of Roseville to be �fftxc� this �SiEt d�}� vf � ti�rri Craig D. Klausing, Mayor REQUEST FOR COUNCIL ACTION Date: 4125/Q5 Item #: 3 , f Department Approval: Manager Approved: Agenda Section: Consent �� � Item Description: Coming Up Roses VVellness Program Background Last week during the work session staff presented the proposed staff Wellness program. Council indicated support at that time for staff to move forward wit1� the program and bring it back this week for final adoption. Council also wanted feedback on the possibility of the incentive to be a deposit into an HSA (Health Savings Account). Because the Wellness Program is volunteer in its participation the nature of the program goes against the IRS regulation that participation in a HSA (Health Savings Account) is mandatory. IRS has set this regulation so that businesses can not discriminate toward the highly compensated. Because we can not make the program mandatory in participation of activities outside of the workplace, then we are unable to provide the HSA as an incentive. However, by allowing the choices of incentive provided in the attached form the City will provide the greatest likelihood of attracting participants and thus the greatest possibility ofwellness and future cost savings. I have also included the program tracking form again for your review. poiicv and Financial Implications of this Program: The anticipated cost of t�e program for the remainder of 2005 is $8,000 which would be taken out of the contingency fiind. and would be budgeted for in future years. There are funds available in the contingency fund to sustain any of the above proposed increases. Financial consideration should also be given to future vendor discountingof 1-2% for implementing this program as well as possible declines in sick leave utilization as well as declines in future health insurance premiums due to healthier members. Council Action Requested I respectfully request a motion to approve the "Coming up Roses Not Pushing up Daisies" Wellness Program to begin effective May l.s�, 2005. Therefore, directing staff to prepare the necessary documents for execution, and City Attorney approval as to legal form. CITY OF R4SEV�L�E WELLNESS PROGRAM 2005 ' ALL INFORMATION GIVEN � VOLUNTARY & WiLL BE KEPT CONFIDENTIAL AS REQUIRED BY HIPPA * Even�lTo ic Verification Points PREVENTION & EARLY DETECTION (In this category, if you ha�e completed as listed & Eia�c included the verification you may take the points each trimester. However, lcee� a copy for future use as iIR will not.) holesterol Screening - Annually lood Pressure Screening - Annually lood Glucose - Annually ody cornpositian! Body Mass Index -B€-Annualty �e�bility Screening - Annually Annual Physical of recommended tests for your age & risk leave. May include things like bone density, pap test, prostate exam, mammogram, colon... - Annually Annual Vision & I�tearing Screening - An�z�ally I'iu vaccination -Annually Dental visiticleaning - every 6 f:iy5. Completed I-�P Health Assessment or other health survey initiated by City -- Annually Participate in MP "Care Span" or other disease management program - Ongoing TOTAL PREVENTION & EARI.Y DETECTION POINTS ( 20 POSSIBLE ) HEALTHY LIFESTYLE - PHYSICAL Moderate activity at least 30 minutes per day no less than 4 times per week outside of any tin �:tii.7C�l 7v1: r•' i�S ��.�':k_ng, gardk�i �I�. L':'' =11: Ilt. L'.k� i: ikil:e I Pi�h i�i p�il�c:l u_ a[. �iirure�nix�Ce S�oYI �i` a-t{U �ryf bF-�' S[ i.� h�yek�Y•, va�'n�d I, VI}IL£.VF.4L'I_ basketball, bowling). Participated in an organized Event or Race (Run/I:o[l for the �oses/Bike Ride, AIDS itidelRun, Race for Cure walk, TC Marathon, Triathlon...} Participated in workplaec walk club consistently for the trimester (See 7o[�nda - Engin.} I'�ivii��llll'SnbCf Uf FICB�I�t C'�llb ti1r {:7;iSS 9�{i �[1 �,1ra�t * nrn��p� month �}uu k'r�nci;.it��i ��• park h'.h� Farl�si n�k�q� �p�yt �nt� 1ai�t k�i� �lo�i: s ra�c� � 41t� elevator or escalator? TOTAL HEALTHY LIFESTYI.E - PHI'SICAL ( 10 POSSIBLE ) HEALTHY LIFESTYLE - NUTRITIONAL Participated in a healthy cooking or nutrition class. Do you eat at least 5 servings of fruits and vegetables 5 days or more a week? Do you read nutritional labels prior to purchasing the food you eat? Participated in Healthy Potluck or departmental health snack day. ! maiESt.t'tn � hudti f�;k io�.x ti9:at =s stjuslcizreJ lnQlth�:��� �i s E� - 2dj. a�t'�'h�.l]E�4LTli''i LIFES�LE-�1t��i��T�V�r���3�'*�L?.{?i�TiX.t:} � HEALTHY LIFESTYLE - SOCIAL Volunteered time to charity (soup line server, Rosevi[le Arboretum or Nature Center, Clean up day, paint-a-thon) Donated blood Current legal organ donor Consistently ask your doctor or pharmacist for the lowest cost/generic prescription when you get a prescription filled and order any maintenance medications thru mail order? TOTAL HEALTHY LIFESTYI.E - SOCIAL ( 4 POSSIBLE ) Scresners lnitials/pate: Screer�ers lnifrals/Date: SGreeners lnitials/Date: SCIeeRBIS IniCrals/Date: Screeners lnitrals/Dafe: 5creeners lnifials/�a #e: 5craeners lnitials/Date: Screeners lnrtials/Qate• Screeners lAiFals/f�aie; AttaCh confirmation page: SGreeners lniirals/f�ate: cw w��- tiw�,- Registrafion Form Affached: Regisfration F o n Affached: �'r� Your Hpnar, �oo►w �1�*±ti me+�sr�o �tac�ca On YourHonor Registration Form/5ignature q�taChed: On YourHonor.� On Your Honor.� pn }'u:Y Honor �r6ad�{Elrly^a =�'� Chanty Supervisor5ignaFut�; Screeners lnitialsiDate.• Copy Driver's Liaense/!D: On YourHonor.� � � [■ � � � � � ■■ ■ ■ ��■ -❑ �� Li C.� � �� ❑ Q • ■ � � � � � �■ � C:li�acurnents and Seltingslcarolyn.curfilLoca! Sett€ngslTemporary Internet Flla�'+�LK�D2',ti'�cll�r_-xs Program ActivitiesTracking F���pf�f 2 C�TY OF ROSEVILLE WELLNESS PROGRAM 2005 Even�ITopic Verification Points HEALTHY LIFESTYLE - W4RK�LI.��I��ALTH/W�LL-I3ElNG DID NOT USE ANY SICK LEAVE THIS TRIMESTER? Payroll signature: ❑C� I reviewed a self help or self care book, health update, employee newsletter and used something from it, on yourHonar.• I� Do you consistently watch less than 14 hours of TV a week? on Yourxonor.� ❑ I completed HP "Partners in Quilting" or other smoking/tobacco cessation program. Programreceiptalfached: �1C7❑ I am tobacco free. pa Yourxonor: �I Maintain a personal �7�alih journal that includes exercise and diet, on YourHonor ❑ Used the nurse line or did online research rather than an office visit on a minor issue? on YourNonor.- C.,] Accessed EAT'. On YourHonor ❑ TOTAL HEALTHY LIFESTYLE - WO�i�C/Li�'�/��ALTHIWELI..-B�ING 11 ����I� � � � I HEALTHY LIFESTYLE - SAFETY Wear seat belt daily on YourNonor. O Completed training course other than the OSHA required training (personal safety, defensive Driving, CP�t/FirstAid, Defibrillator) RegisfratianFormAlfached: C1�I Do you wear protective gear such as krtee�ads, helmets etc, when biking, motorcycling, skateboard, inline skating or other sports? on Your Honor, C� 1 have been injury free this trimester and stretch daily or a�er every workout, on YourHonor. C� I keep my home secured when I am there and when I am not, on yvurHonor.� C] I lock my car doors when I am not in it and when I am traveling? on YourHonor, C TOTAL HEALTHY LIFESTYLE - SAFETY ( 7 POSSIBLE ) PROGRAMSI ACTIVITIES Participated in weight management program (i,e. Weight Watchers, LA Weight Loss). receiptaftacherl p�] Participated in 10,000 Steps Program thru Health Partners. receiptat�ach�d f� A,ttended health related seminar, workshop, presentation. Presenters Signature: C] TOTAL �'ROG�ttAMS/ ACTIVITIES ( 4 POSSIBLE ) EDUCATION Invited a soeakerloresenter and organized a lunchtime vresettCat€on. (see I-��i. before doing this one). Cor7imiff��ChairSignature; O� Provided a new idea for the ����rtess Program that was adopted by the Health &Bene�ts Committee. (Give idea to 7-��). Cvmmitfee Chair signature: � C7 Provided Health & Benefits er�aiU�newsletter information to Communication's Specialist outside Of regular WOrk h0urs communication's Specialist signature: (� �Purchased health related equipment, videos, books, eta (receipt required, $20 minimum) �`-`•�`�'�atiached p TOTAL EDUCATION (6 POSSIBLE } � . T�I�,r1E�-EF. � �3•:r::��:'IL'-= 'r','t�? '•E�� Vt:�hJT= F::�? �=F1�- S:S� ��P,;''� I��T,�LS hf•�si uan i�� ¢ri ir: ii i i �ir �f 3�; �::�I t7ti5 IR � rr� r.i ESkCr 1:� ri �r��i Mc tl ic I I IL'L'� i Lr: C�" �� �•�� ��{� �,�' �h�ice or� �he V4e�lr�a�� Incen�3+�e Gha��ei ��rrr� �or �ltiar trirn�ster. �9 ��ssrbl� �or�t� Em lo eeSi nature: Tod� 's Date: Points A roval Si nature: C;�boCUments and Seitingslcarolyn.curtilLocaf 5ettingslTemporary Internet F��]LI�#�'�W�s Program Activiiiesiraeking Fi�jB E�S� 2 �:e[} nf .� �� �1io nrzuta, L'�r� T�T�ELLN�SS` INCENTIVE CHOICES FORM Please initial the incentive choice that you wish to receive this trimester and attach it to your point tracking and verification information when you tum it into Human Resources. On1y this form will be kept after the trimester is completed so please 1cee�a a copy of all information you will need for ��tfi��r� trimesters. 1. 4 HOURS OF VACATION TIME ADDED TO MY VACATION BANK. (Vacation Bank Ma�mums still apply) 2. 4 HOURS AT MY CURRENT BASE WAGE ADDED TO MY DEFERRED COMPENSATION. 3. 4 HOURS PAID TO ME IN TAXABLE WAGES AT MY CURRENT BASE WAGE. Employee Signature: Human Resources Approval Date: �:1Documents and 5ettingsica€ofyn.curti\Lo�al SeitingslTempo�•ary Internet F8q'�8'R��O����S� INCENTIVE CHOICES FORM 5- 4S.doc 51i1q5 � w 7 } h J R���u��� f�r Council Action Date: Apri125,2005 Item Number: 3 . g Department App�val Manager Approval Agenda Section � �� �' � � Jte� T����r-Epii � �'T+�i }� S:�[[y�riCL� Cni Lt� �'il1` t�� 1�05�.'r ] I�� L.C}l2C : Fi Il C�T{� I Il �[5C'� �lYk�iJ4�lTl� T� C�e ��7��e�, Section 311.12 Pawnbrokers and Precious Metal Dealers. Background Proposed Amendment to City of Roseville Code; An Ordinance Amending Title Three, Section 311.12 Pawnbrokers and Precious Metal Dealers. The Roseville Police Department requests an update to the current ordinance specific to the pawning of property belonging to others. The proposed wording would make it illegal to "accept for pawn, sale or consignment any article or,property if the article or property belongs to another, or if another person has a security interest in the property." With the addition, this proposed action would make it a crime (misdemeanor) to pawn another person's property. The proposed changes in the ordinance will also prohibit a pawnbroker or precious metal dealer from receiving property from a person of unsound mind p�' an intoxicated person, and also prohibit the seller of said property from giving a false or fictitious name, date of birth, etc. The language being added is similar to other metro area pawnshop ordinances. Cities have been encouraged to enaetJu�date their local pawnshop ordinance to assist police investigators in successfully prosecuting individuals who pawn stolen property. Council Action Requested Approval of the Proposed Amendment to City of Roseville Code; An Ordinance Amending Title Three, Section 311.12 Pawnbrokers and Precious Metal Dealers. �� ��� ���, ����� ��, � ORDINANCE NO. PROPOSED AMENDMENT TO CITY OF ROSEVILLE CODE AN ORDINANCE AMENDING TITLE THREE, SECTION 311.12 PAWNBROKERS AND PRECIOUS METAL DEALERS THE CITY OF ROSEVILLE ORDAlNS: SECTION 1: Section 311.12 of the Roseville City Code is amended to read as follows: 311.12: PROHIBITED ACTS: {�. �o pawnbroker or �recious metal dealer�����f��� this chapter shall: — l. Lend money on a pledge at a rate of interest above that allowedby law; — � _ Possess stolen goods; — 3_ Sell pledged goods before the time to redeem has expired; �_ Refuse to disclose to thk pledger, after having sold pledged goods, the name of the purchaser or the price for which the item sold; �, Make a loan on a pledge to a minor or purchase property from a minor; �}, Accept for pawn, sale or consi�,mmen� anY article or propertv if the article or �ro�erty belongs to another. or if another�erson has a security interest in the propertv. r. Receive anv article or �ro�ertv from a�erson of unsound mind or an intoxicated person. B. Nr, nerson sha11: ��'����n� �*�'°� ����� pawn, pledge, sell, assign, lease or de�osit with a pawnbroker or �revious metal dealer anv article of �ro�ertv not their own, or anv article of �ro�erty in which another �erson has a security interest; �, . . _ _ . � � a� � false or � fictitious name, date of birth, address, telephone number, or identification card to a�awnbroker or �recious metal dealer. SECTION 2: Effective Date. This ordinance shall take effect upon its passage and publication. Passed by the City Council of the City of Roseville this day of 2005. Department Approval: , �� REQUEST FOR COUNCIL ACTION Manager Reviewed: .��� DATE: 412S/05 ITE� NO.: 3.h Agenda Section: Item Description: Resolution approving Agency Agreements Authorizing Delegated Contract Process for Federal Aid Projects. Background: The County Road B-2 Pathway Project, will be funded, in part, by a Federal transportation grant. In an effort to streamline this process, ��/DO`�' uses the Delegated Contract Process (DCP), that allows local agencies to let and administerconstructioncontracts for Federal Aid projects. Through the Delegated Contract Process, IV��/DOT acts as the City's agent to accept federal funds for the City. The City advertises for bids, administers the contract and any supplemental agreements, and processes payments. The attached Agency Agreement outlines the responsibilities of the City and State for the Delegated Contract Process. Financial Implications: Federal aid is a reimbursement program. Federal funds cannot be released until after an expense has been incurred. Under the DCP, local agencies need to make partial payments to the contractor. IV�z�lT.70�' then reimburses such expenditureswith federal funds. This is very similar to the process that we use for State Aid Projects. RECOMMENDED COUNCIL ACTION: Adoption of a resolution approving an agreement between ��o� and the City of Roseville to utilize the Delegated Contract Process for Federal Aid projects. Prepared by: Debra Bloom EXTRACT OF MINUTES OF MEETING OF CITY COUNCIL CITY OF ROSEVILLE RAMS�Y COUNTY,IW�NNESC)'�''A 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 in the City Hall at 2660 Civic Center Drive, Roseville, Minnesota, on Monday, 25th day of April, 2005, at 7:00 p.m. The following members were present: and the following members were absent: Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AGENCY AGREEMENTS AUTHORIZING DELEGATED CONTRACT PROCESS FOR FEDERAL AID PROJECTS BE IT RESOLVED by the City Council of the City of Roseville, as follows: WHEREAS, the County Road B-2 Pathway Project will be funded in part by a Federal transportation grant; AND WHEREAS, Minnesota Department of Transportation uses the Delegated Contract Process (DCP) to streamline the process and allow local agencies to let and administer construction contracts for Federal Aid projects; AND WHEREAS, Mn/DOT acts as the City's agent through the DCP to accept federal funds for the City; NOW, THEREFORE, BE IT RESOLVED, that pursuant to Minnesotastatute Section 16136, the Commissioner of Transportationbe appointed as Agent of the City of Roseville to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. BE IT FURTHER RESOLVED, the Mayor and the City Manager are hereby authorized and directed for an on behalf of the City of Roseville to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in "Min�esota Department of TransportationAgency Agreement No. 88002", a copy of which said agreement was before the City Council and which is made a part hereof by reference. The motion was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: and the following voted against: . WHEREUPON said resolution was declared duly passed and adopted. 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 25th day of April, 2005, with the original thereof on file in my office. WITNESS MY HAND officially as such Manager this 25th day of April, 2005. Neal J. Beets, City Manager (SEAL) � Mi�/DOT Agreement No. 88002 STATE OF MINNESOTA AGENCY AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION AND CITY OF ROSEVILLE FOR FEDERAL PARTICIPATION 1N ADVANCE CONSTRUCTION FOR S.P. 160-090-07; M.P. TEAX G203(�38} This agreement is entered into by and beiweeaz City ofRoseville ("City") and the State of Minnesota acting through its Commissioner of Transportation ("1VIr�/DDT"), A�e��cy Agreement No. 84215 which has been executed between the City and MnlD4�', appoints Mz�Jl�OT as the City's agent to receive a��d disburse transportation related federal funds, and sets forth duties and responsibilities for letting, payment, arld other procedures for a federally I'unc�ed contract let by the City; and Pursuant to M���z�esota Statutes Section 16136, the City desires IV.�i�/DOT to act as the City's agent to accept a�id disburse federal funds for the construction, improvement, or enhancement of transportation financed in whole or in part by federal funds; and The City is proposing a federal aid project construct a trail adjacent to County Road B2 within the City, hereinafterreferredto as the "Project"; and The Project has been determinedto be eligible for the expenditure of federal aid �u��c�s and is programmed in the approved federally approved S'Z`�' for the fiscal year 2005; and the project is identified in Mn/DOT records as State Project 160-090-07, and in Federal Highway Administration ("FHWA") records as MinnesotaProject TEAX G203(J.3$); and Because the United States Congress has not provided sufficient funding and obligation authority to Mn/DOT at this time, the project will be advance constructed �int:] such time as sufficient funding and obligation authority are available; and The City desires to proceed with the construction of the project in advance of the full availability of federal funds; and The City desires to temporarily provide City State Aid a��d/or other local 1 ��_���>r in lieu of the federal f"�rzds so that the project may proceed. (I+�n1�pT Agrcement No. 88002) ti�'�� q•���� „ti�mnn�i�•�:vLT:.T��•�nr AC AGREEMENT TEMPLATE sa�'ne fiscal yea�•,doc 2/6104Page I MxaIDOT requires that the terms and conditions of this agency be set forth in an agreement. THE PARTIES AGREE AS FOLLOWS: I. DUTIES OF THE CITY A. The City will let a contract and constmct the Project in accordar�ce with Agency Agreement No. 84215. Payment provisions for federally eligible costs will be as stated herein. B, It is estimated that the total cost of the Project is $ 1,381,495 and that the anticipated federal funding will be 80% or capped at $1,105,196. The remaining share will be paid by the City. C. The City will pay any part of tlze cost or expense of t�ie Proj ect that is not paid by f�derai fiu�ds. i�. Request for reimbursement of the federal aid share of the federally eligible costs will be made a�ter funding and obligation authority are available. E. If the project is converted to federal funding before campietio�� and final acceptance, requests for reimbursement will occur as partial estimates in accordancewith Agency AgreementNo. 84215. L[ �4:�'1'J,F'.�ti (�I� ��nr'�"X1�1'. A. Mn/l�0'�" will make the necessaryrequests to the FHWA for authorization to use federal funds for the Project and designation as an Advance Construction proj ect. B. Mr�AOT will request the conversion of the Project to federal funding of eligible costs, when funding and obligation authority are available. C. At such time that the project is converted to federal funding and such funding is received by Mn/DOT, M��/DOT will reimburse to the City t�ae federal aid share of the federally eligible costs, previouslyprovidedby the City. Reimbursement for City State Aid funds used i�� �ieu of federal funds, will be deposited in the City's State Aid Account. Reimbursement for other City funds used in lieu of federal funds will be forwarded to the City. T�. AUTHORIZED REPRESENTATIVES. Each authorized representative will have (MnIDO1' Agreement No. 88002) N:1�edAidlA�'�ernentlSAMPT.�SIBASE AC AGREEMENT TEMPLATE sat�e�scai yea,-.doc 21G104�age2 responsibility to administer this agreement and to ensure that all payments due to the other paz-�y are paid pursuant to the terms of this agreement. '��. y � � '. 4 M1S ��t�� A. The City authorizedrepresentative is Debra Bloom, i'�rtrt`�-���ir� City of Roseville, 2660 Civic Center Drive, Roseville, MN 55113 or her successor. B. Mn/DUT'� authorizedrepresentativeis Ly��nette Rosl�ell, Minnesota Department of Transportation, State Aid for Local Transportation, Mail Stop 500, St Paul, MN 55155, phone 651.282.6479, or her successor. �, TORT LIABTLTTY. Each party is responsible for its own acts and omissions and the results thereof to the extent authorizedby law and will not be responsible for the acts a��d ornis�ions of any others and the results thereof. The Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, governs M��IDOT liability. V. ASSIGNMENT. Neither partywill assign or transfer any rights or obligations undertlus agreement without prior written approval of the other party. VI. AMENDMENTS. Any amenc�rnen�s/s��ple�nel�ts to this Agreement i��st be in writing and be executed by the same parties who executed the original agreement, or their successors in office. VII. TERM OF AGREEMENT. This agreement will be effective upoz�. execution by the City and by appropriate State officials, pursuant to Minnesota Statutes Section 16C.05, and will remain in effect for five (5) years from the effective date or until all obligations set forth in this agreement have been satisfactorily fulfilled, whichever occurs first. VIII. TERMINATION. This agreement may be terminated by the City or MnID�T at any time, with or without cause, upon ninety (90) days wi-ittei� notice to the other party. Such ier�ninatio�l will not remove any unfulfilledfinancial obligations of the City as set forth i �t this Agreement. In the event of such a termination the City will be entitled to r�imbuxsernent for Mn/DOT-a��roved federally eligible expenses incurred for woz-l� satisfactorily performedon the Project to the date oftermination subject to the terms of this agxee��ez�t. ���iaao�r�������,e���rro. ssooa� N:1�'edA idlAg;reementl�AM1'I.ESIBASB AC AGREEMENT TEMPLATE sa€ite fiscal year.doc 2/d/04Page 3 I�� WITNESS W�i�REOF, the parties have caused t��is Agreement to be duly executed intending to be bound thereby. CITY DEPARTMENT OF TRANSPORTATION City certi�es that the appropriate �erson(s) have executed ��fi contract on its behalf as required By; by applicable resolutions, ordinances, or charter provisions Title: Director State Aid for Local Transportation i ,_ ,::[� Date: COMMISSIONER OF ADMINISTRATION Title: li i ].d r.- I7sl� �iVlnID�T Agree�r�ei�t �fa. 88002) I+�:1E'edAidlA$€'ee�nen41SAMP�,�S1BA$B AC AGREEMENT TEMPLATE sai�2e fseat year.tl�c 2/6/£i4Page 4 Department Approval: TP/DPW REQUEST FOR COUNCIL ACTION '�m:���r �4l�I�rt.�,r�tl DATE: 04/25/OS �TE1V[ �IQ: 3.i Agenda Section Item Description: Request by Ralph & Jim Beauclaire,1758 A��a Vista Drive for multiple variances to Section 1004.016 of the Roseville City Code and a minor subdivision to allow for construction of one housing unit (PF3626), �'ID # 142923440006 1.0 REQUESTED ACTION: 1.1 Ralph and Jim Beauclaire, 1758 Alta Vista Drive seeks a 25 foot lot width variance and a 1,820 sq. ft. lot size variance to Section 1004.016 (Residential Dimensional Requirements) for new Parcel "A", and 25 foot lot depth and a 1,580 sq. ft. lot size variance Section 1004.016 (Residential Dimensional Requirements) for pre-existing Parcel'B", and a MINOR SUBDIVISION (Three Parcel Minor Subdivision) to allow the creation of two substandardresidential parcels for property located at 1758 Alta Vista Drive. PROJECT REVIEW HISTORY ■ Application Submitted on Febz�ary 2,2005 ■ Determined Complete on March 9,2005. � 60 Day Review Deadline — May 9,2005 R Project Report Recommendation— April 6,2005. • Anticipated City Council Action — April 25,2005 2.0 SUMMARY of RECOMMENDATION: The Planning Commission (6-0) and the Community Development Staff recommends approval of the request w/conditio�s. 3.0 SUGGESTED CUNCIL ACTION: Approval of the VARIANCE & MINOR SUBDIVISIONrequests, subject to conditions (see Section 7 for detailed action). P�3626_RCA�OA25�5 Page 1 of 6 4.0 4.1 4.2 REVIEW of REQUEST: The Beauclaire property is located between Alta Vista Drive and Dale Street, west of Dale Street, north of Larpenteur Avenue. The parcel is surrounded by single family homes that are located on multi-dimensional parcels. The parcel is located within Comprehensive Planning District 14, where it is designated as Low Density Residential, LR and is zoned R-1, Single Family Residential District. 43 Mr. Beauclaire owns a double frontage parcel he desires to divide into two parcels. The existing lot, Lot 2, Block 5, Circle View is generally 60 feet wide and 299 feet deep, and is 18,600 sq. flt. in size. 4.4 The proposal by Mr. Beauclaire would create two parcels. Parcel " Bwould include the existing home and be 60 feet wide by 157 feet deep or 9,420 sq. ft. (86% of Code requirement). New Parcel "A" would be generally 60 feet wide by 153 feet deep or 9,180 sq. �. (83% of Code requirement). Based on this proposal, both Parcel "A" and" Bdo not meet the minimum width (85 feet) requirementnor the minimum square footage (11,000 sq. ft.) requirements of Section 1004.016 of the Roseville City Code (see attached land division sheet). . _ _ ��f��a � — r �i�t�u� � r� ��� .- r... -•-• - -----•- Prup�sc� ---...1�ecLircSrk'=�• Frt�nif�r: fr� �e�l 59.� t�ci --- I iyl �If:r � 4,•f�Q 5 f. i..'ilfl t.f. �.: � f?��i•I•i �] 4�i fe�� _ j i� �rrl _ F�rcel .� � I�ro���d Lot k'�us�ti __ �. Li�4i=� � fecl �� f�e1 �, ] 8� s.f. [ [,� �,f. 1 }; fted 12�} foeE 4.5 No new street or utility construction is necessary to serve the proposed division. A sewer and water lateral connection is necessary for new Parcel "A" and utility and drainage easements are necessary for each parcel. Private sewer, pumped in a private line (within a private easement) from Lot A, west up to Lot B, then down into the existing sanitary sewer within Alta Vista is required. As an alternative, the applicant could request a new sewer line along Dale Street. Such a line would be 100% assessable to the benefiting property owners. .� :'�/1 A 10 foot right-of-way easement for road expansion along Dale must be dedicated to the City. Because the parcel is less than one acre, a park dedication fee is not required. 5.0 STAFF CQ�V��VX��T'�`�IF��iA�NGS: 5.1 The Beauclairepropertywas plattedin prior to the City Code (1959) and the home on Parcel B was constructedin 1948. The existing house faces Alta Vista, while the new house on Parcel "A" would have frontage to Dale Street, is wooded and PF3626_RGA_042505 Page 2 of 6 along a steep slope down to Dale Street from the property line. The existing property has no garage and has lot coverage of approximately 1450 sq. ft. (or 15%) and could have up to 2,826 sq. ft. of lot coverage. Parcel "B" could have lot coverage up to 2,754 sq. fi. The proposed tuck-underhouse is shown as 1,600 sq. ft., leaving 1,154 sq. ft. for driveway and other site improvements �-- a new driveway on Parcel "A" could range from 600 to 1,000 sq. ft. The newly created parcel will have a front and yard setback of up to 50 feet, a side yard setback of 10 feet, and an impervious coverage of 30% or 2,754 sq. ft. 5.2 Other lots/parcels in the neighborhood exist that are similar to that which Mr. Beauclaire is proposing. Specifically, in May 1983 the City approved a lot division at 1748 Alta Vista, creating the lot at 1747 Dale Street (P� 1425) and in July of 1984 the City approved a lot division at 1766 Alta Vista, creating the lot at 1765 Dale Street {PF 15 � 3). P�'636 of 1971 created the four lots at 1800, 1804 and 1808 Alta Vista and 1781 Dale Street, and �'��292 of 1981 createdthe 6 lots at 1812, 1816, 1820, 1822 Alta Vista and the 2 vacant lots adjacent to Dale Street. It is worth noting that none of the lot divisions received variances from width, depth and/or lot area requirements of the Roseville City Code. Further, this area of Roseville does not have a standard or universal lot or sanitary sewer design, due to curved roadways, change in topography from Alta Vista declining to Dale, and the decades in which the land was subdivided. 53 Section 11.0404 E states: Three Parcel Minor Subdivision: When a subdivision creates a total of three (3) or less parcels, situated in an area where public utilities and street rights of way to serve the proposed parcels already exist i�. accordance with City codes, and no �urthcr utility or street extensions are necessary, and the new parcels meet or exceed the size requirements of the zoning code, the applicant may apply for a minor subdivision approvaL In this case neither parcel meets all requirements of the City Code. A series of variances are necessary before a decision on the Minor Subdivision can be made. 5.4 Section 1004.016 (Residential Dimensional Requirements)establishes the minimum lot standards for residential parcels, which includes: an 85 foot minimum width along a public right-of-way; a 110 foot minimum depth; and 11,000 minimum square feet. 5.5 In Section 1013 the Code states ..... Where there are practical difficulties or unusual hardships in the way of carrying out the strict letter of the provisions of this code, the Variance Board shall have the power, in a specific case and after notice and public hearings, to vary any such provision in harmony with the general purpose and intent thereof and may impose such additional conditions as it considers necessary so that the public health, safety, and general welfare may be secured and substantial justice done. 5.6 State Statute 462357, subd. 6(2) provides authority for the city to "hear PF3626mmRCA_0425�5 Page 3 of 6 requests for variances from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be gut to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance....The board or governing body as the case may be may impose conditions in the granting of variances to insure compliance and to protect" 5.7 Theproperty in question cannot be put to a reasonable use �, f'u�ec�' under conditions allowed by the official controls: The Official Controls of the City prescribe that all single family residential parcels be a minimum of 85 feet in width, 110 feet in depth and 11,000 sq. ft, in size. Mr. Beauc�a�re has a pre- existing lot that is 321 feet deep on the north and 299 feet deep on the south. Mr. Beauclaire proposes to create two similarly sized and shaped parcels, although neither wi�� meet the width and lot size requirements. The adjacent lot to the north on Dale Street is a creative shape averaging over 58 or more feet of width, 130 feet of depth and over 7,800 sq. ft. in size. There are two more parcels in the general vicinitythat are similar to the proposal by Mr. Beauclaire. Though the property in its current state can be put to a reasonable use under the Official Controls, the property is under utilized as was the case of the above identified addressed properties. The Community Development Staff has determined that the vacant property can be put to a reasonable and practical use under the official controls if the appropriate variances are granted. 5.8 Theplight of the landowner is due to circumstances unique to theproperty not created by the landowner: The Beauclaire situation is unique. In 1964, the County had previously graded this lot and provided (at that time) a driveway access to the lot from Dale Street. Most double frontage parcels in Roseville abut the rear yard adjacent to collector or arterial roadways such as County Road B or C. In the past five years, the City has approved land division for a few double frontage parcels (such as Burke Street), but none that included variances. However, previous substandard "lot splits" were supported by the City that did not include variances to minimum lot standards prescribed }�k� the Code. The Community Development Staff has detera�i�.�d that ��e plight of the landowner is due to circumstances unique to the property not created by the landowner. PF3626, RCA�4425�5 Page 4 of 6 5.9 The variance, ifgranted, will not alter the essential character of the locality: Although approving this variance would create a parcel that has less width and square footage than others in the general vicinity, it is not a departure from past Council action. Three additional parcels have been created since the land was originallyplatted none meeting the requirements of the current Code. All are similar in shape and size to the Beauclaire proposal. The Community Development Staff has determined that a lot depth and lot variance for each parcel, if granted, will not alter the essential character of the locality, nor adversely affect the public health, safety, or general welfare, of the city or adjacent properties. �.� RECOMMENDATIONS: ri. f The Community Development Staff z-ecarni��e�ds: a. approval of a 25 foot lot width variance and a 1,820 sq. ft. lot size variance to Section 1004.016 (Residential Dimensional Requirements) for new Parcel "A", and if requested, side yard variances will be required rather than setback permits. b. approval of a 25 foot lot depth and a 1,580 sq. ft. lot size variance Section 1004.016 (Residential Dimensional Requirements) for pre-existing non conforming Parcel " B , c. approval of a minor subdivision to allow the creation of two substandard residential parcels for property located at 1758 Alta Vista Drive The recommendations are based on the findings in Section 5 of the project report dated April 25, 2005 and the following conditions: a. The City policy is to require payment of the Metro Area Sewer Availability Charge (SAC) upon the issuance of a building permit. In this case, a$1,350 SAC fee is required and will be collected with the issuance of a building permit for Parcel "A". b. The applicant must record the two lot minor subdivision survey within 60 days after the approval of the City Council. Public utility and drainage easements of 5 feet are required on the sides and rear lot line, while a 10 feet right of way easement is required on the east Dale Street frontage. In addition, a private utility easement across parcel B in favor of Parcel A for private sanitary sewer placement must he recorded with the survey. c. The applicant must apply for and receive a driveway access permit for Ramsey County prior to issuance of any building or grading permit. d. A grading plan and the survey ("B" above) must be submitted with the building permit application. P�'362G RCA_042505 Page 5 of 6 �i.� On April 6,2005, the Planning Commissionheld a hearing on the Beauclaire variance and subdivision requests. One neighbor was present to support the subdivision but to caution about the private sewer and pumping systems. He recommended a new city sewer line as an alternative. The Planning Commission recommended approval of the variances and subdivision 6-0 based on the findings in Section 5 of the project report and subject to the conditions within Section 6 of the project report dated April 6,2005, and including payment of park fee by applicant (if required after attorney review) and, if requested on the new parcel, side yard variances will be required rather than setback permits. �.� SUGGESTED COUNCIL ACTIONS: ; � By resolution, approve of a 25 foot lot width variance and a 1,820 sq. ft. lot size variance to Section 1004.016 (Residential Dimensional Requirements) for new Parcel "A" for property located at 1758 Alta Vista Drive based on the findings in Section 5 of the project report and subject to the conditions within Section 6 report dated April 25,2005. ?.� By resolution, approve and 25 foot lot depth and a 1,580 sq. ft. lot size variance Section 1004.016 (Residential Dimensional Requirements) for pre-existingParcel " Bfor property located at 1758 Alta Vista Drive based on the findings in Section 5 of the project report and subject to the conditions within Section 6 report dated April 25,2005. -, a By motion, approve of a minor subdivision (Three Parcel Minor Subdivision) to allow the creation of two substandard residential parcels ("A" and "B"} for property located at 1758 Alta Vista Drive, based on the findings in Section 5 and subject to the conditions of Section 6 of the project report dated April 25,2005. Preparedby: Thomas Paschke (651-792-7074)Dennis Welsch (651-792-7071) Attachments: Property location map, aerial photo of parcel, lot division survey, and narrative. '••�i�i'.•i�:ii'I •.�'•n.i�r��':�•{-.r:i•iir}c�•?IJt�lh'I.Yfj �,�i� :'•::•Vlhij:��.+��'�iFy{i FII kti'.:?�:II•-ifrlYtl�:-.i �:u:l�irs, fti�';Tf3�:26 llC.� C�3�75.Jir ' - - - P�r362G_RCA, 042505 Page 6 of 6 E �w ��ry � �+ ���y � +rd � � � � � � � � � � �� � � �� �iJ � � � � ,� IJ� � � � � � � � � � , �r� � � � � �� �..f � � � I � � — � � � � ■� � �� � � � � � � � � � � � � � . .— — i 0 _. � • ---- S ! �.:l�L� .• i �it{; j.� .. . � ;ti x = . .i.• � .�� i `�-,�� . �\ .- —��IiL. }f° ti � ... '� ��.'k'�- ,' � ti ti.' ... �.:..; .- , �,��_ � : ...= . � •. � . '' y I' - •: � ' _- -"�' o • � �� c`� ... . � � ��� � _ ; � # i� k a ~ � 8 Y � � y � � � +� r '- '�i���i c a����d�� Y E y4 1 ,_, _ ii� 1}FC� �2Yi� � a � G Y'-r'�� }�x � � rt � �; 2a i � I o � , I ' E�5 ��i � � i a �� 5 � '��j����� o k } I • � . 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This map is a compilation of records, infarmatiot� and data located in various and Ramsey County (March , county, state and federal offices and other sources regarding the area shown, and is to be 3, �005), The Lawrence �d for reference purposes only. {roup hi�:?am.2p��o-in�,iTSfr�an�m.���ims?�ez��i�:�J�arrr�.^r���•i31e_�r,�t�r&�=k��tt�f���t-�.,,,. ��;� E;.����_ QuerylSelection Results Parcels Ramsey County Property (RRINFO) Search Search Ix}• P�rCel Tb Parcel.l D 142923440006 City Street Address 1758 ALTA VISTA DR N Feature Name Street Number(Cnunty} 1758 Uh9t(Caunty) street(Caunty) ALTA VISTA DR ZIP 55113-6553 Owner Name 'I RALPH H BEAUCLAIRE Owner Name 2 IEANNNE M BEAUCLAIRE Owner Street Address 1758 ALTA VISTA DR Owner City/State/Zip ST PAUL MN 55i13-6553 Homesteader Name 1 RALPH H BEAUCLAIRE Homesteader Name 2 Homesteader Street Address 1758 ALTA VISTA DR Homesteader Ci�y/St�te/Zip ST PAUL MN 55113-6553 �On+I44 �0l�1�,�lqn R; Cornnrehensive Plan aes+�r�kiw4 1S School DisYrict Ros�vil[e Area CiL�r P��,,nninq District ,�4 U'oti�t� P�+caraEt 10 �FM �ark E9awrc �i� Park Ciassificatian Deeded Acres 0.4 Deeded Area (sq.ft.) 17424 Tax Description Plat Name Date Plat Recorded CiEV �xistinq Land Use Multiple DwellingType Mulitple Dwelling Number of Residential Units County Land Use Code (CAMA) County Land Use Code (Plt�c�t) MarketValue Land 2005 MarketValue Bldg 2005 Market Value Total 2005 MarketValue Land 2004 MarketValue Bldg 2004 Market Value Total 2004 Total Tax Payable 2004 Oate of Last Sale Sale Price Homestead Description NumberofResidential Units Year Residence Built Total Residential Living Area Residence Exterior Residence Style Page 1 o f 2 ASYLUM OUT LOTS SUB TO DALE ST THE S 6 0 Fl" OF N 120 F'7" OF PART E OF WW RIW OF LOT 16 ASYLUM OUT LOTS 18760111 � a SINGLE FAMILY DWELLING, PLATTED LOT RESIDENTIAL 75400 96100 171500 56500 90800 147300 1272 0 Full-homestead � 1948 928 AL/VINYL RAMBLER . . . . _ . ., . . . �kSp;�rni���.npcjr��neL_��'rc�r�in����iris?S�.rti'i�e:��it��� Cu�+��lL� ������i'&�U�L��]l��l'wl��,,, �M3;+i:= l Q�ery/Selec�ion Results Residence Number of Stories Residence Number of Rooms Residence Number of Bedrooms Commercial Structure Type CommercialYear Built Topography Utilities Watershed District City Owned Five foot 5irleyard setback LastDate of Parcel Data Update ,a ti 0 Level All Public Capital Region N N Page 2 of 2 �ttp����5_m�-in�tu�rr��Gl7�.�ri�is'?�cr��i�cN�r,i,e��a�ea��l l � i77a�i�r��`�m�:r��i+�... q3�'� � � ���� �.�� ��� • . . 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JiY1Y"���1 �1� _ __-_.._ __ _- .... _. _____ __ . .. _ ._ �,tif►71',� ����� 3ir�e�a�r �'o�u�t}r# I�1,���� �� r�n�.a� �r� ��i . . � �~� ., , i ' � EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY Uk` ROSEVILLE Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Roseville, County of Ramsey, Minnesota, was held on the 25th day of April, 2005, at 6:3(} p.m. The following members were present: and the following were absent: Council Member introduced the following resolution and moved its adoption: RESOLUTION NO. A RESOLUTION APPROVING A 25 FOOT LOT DEPTH VARIANCE AND A 1,580 SQUARE FOOT LOT SIZE VARIANCE TO SECTION 1004.016 (Resrc�eu�ia� DimensionalRequirements) OF THE ROSEVILLE CITY CODE FOR PRE-EXISTING PARCEL "B" FOR PROPERTY LOCATED AT 1758 ALTA VISTA DRIVE (PF 3626) WHEREAS, Ralph and Jim Beauclaire have requested a 25 foot lot depth variance and a 1,580 square foot lot size variance to Section 1004.016 (Residential Dimensional Requirements) of the Roseville City Code for a pre-existing Parcel " Bfor property located at 1758 Alta Vista Drive, WHEREAS, the pre-existingparcel " Blocated at 1758 Alta Vista Drive is legally described as: WHEREAS, Section 11.0404 E outlines the requirements and procedures to follow when a subdivision of properties creates a total of three or less land parcels; and WHEREAS, Section 1004.016 (Residential Dimensional Requirements) establishes the minimum lot standards for residential parcels, which includes an 85 foot minimum width along a public right-of-way, a 110 foot minimum depth and 11,000 square foot minimum size; and WHEREAS, Section 1013 of the City Code grants the Variance Board authority to reviewlapprave appropriate variances in accordancewith the Code requirements, and MS 462357, subd 6(s) provides authority for the city to hear and grant requests for variances under certain circumstances: and WHEREAS, On Apri16,2005, the Planning Commission held a hearing on the Beauclaire variance and subdivision requests. One neighbor was present to support the subdivision but to caution about the private sewer and pumping systems. He recommended a new city sewer line as an alternative. The Planning Commission recommended approval of the variances and subdivision 6-0 based on the findings in Section 5 of the proj ect report and subj ect to the conditions within Section 6 of the project report dated Apri16,2005, and including payment of park fee by applicant (if required after attorney review) and, if requested on the new parcel, side yard variances will be requiredrather than setback permits. WHEREAS, based on findings as outlined in Section 5 of the proj ect report dated April 25,2005, the Community Development Staff recommends approval of the variance requests, and subject to the conditions outlined in Section 6 of the project report dated Apri125,2005; a. The City policy is to require payment of the Metro Area Sewer Availability Charge (SAC) upon the issuance of a building permit. In this case, a$1,350 SAC fee is required and will be collected with the issuance of a building permit for Parcel "A". b. The applicant must record the two lot minor subdivision survey within 60 days aftiez' the approval of the City Council. Public utility and drainage easements of 5 feet are required on the sides and rear lot line, while a 10 feet right of way easement is required on the east Dale Street frontage. In addition, a private utility easement across parcel B in favor of Parcel A for private sanitary sewer placement must be recorded with the survey. c. The applicant must apply for and receive a driveway access permit for Ramsey County prior to issuance of any building or grading permit. d. A grading plan and the survey ("$" above) must be submitted with the building permit application. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor: and the following voted against: WHEREUPON said resolution was declared duly passed and adopted. � � � rt�� � � � ;,, :� EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF ROSEVILLE Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Roseville, County of Ramsey, Minnesota, was held on the 25th day of April, 2005, at 6:34 p.m. The following members were present: and the following were absent: Council Member introduced the following resolution and moved its adoption: RESOLUTION NO. A RESOLUTION APPROVING A 25 FOOT LOT WIDTH VARIANCE AND A 1,820 SQUARE FOOT LOT SIZE VARIANCE TO SECTION 1004.016 (Residential Dimensional Requirements) OF THE ROSEVILLE CITY CODE FOR NEW PARCEL "A" PROPERTY LOCATED AT 1758 ALTA VISTA DRIVE (PF 3626) WHEREAS, Ralph and Jim Beauclaire have requested a 25 foot lot width variance and a 1,820 square foot lot size variance to Section 1004.016 (Residential Dimensional Requirements) of the Roseville City Code for a new Parcel "A" for property located at 1758 ���a Vista Drive, WHEREAS, new parcel "A" located at 1758 Alta Vista Drive is legally described as: WHEREAS, Section 11.0404 E outlines the requirements and procedures to follow when a subdivision of properties creates a total of three or less land parcels; and WHEREAS, Section 1004.016 (Residential Dimensional Requirements) establishes the minimum lot standards for residential parcels, which includes an 85 foot minimum width along a public right-of-way, a� 10 foot minimum depth and 11,000 square foot minimum size; and WHEREAS, Section 1013 of the City Code grants the Variance Board authority to reviewlapprove appropriate variances in accordance with the Code requirements, and MS 462.357, subd �(s) provides authority for the city to hear and grant requests for variances under certain circumstances; and WHEREAS, On Apri16,2005, the Planning Commissionheld a hearing on the Beauclaire variance and subdivision requests. One neighbor was present to support the subdivision but to caution about the private sewer and pumping systems. He recommended a new city sewer line as an alternative. The Planning Commission recommended approval of the variances and subdivision 6-0 based on the findings in Section 5 of the project report and subject to the conditions within Section 6 of the projectreport dated Apri16,2005, and including payment of park fee by applicant (if required after attorney review) and, if requested on the new parcel, side yard variances will be required rather than setback permits. WHEREAS, based on findings as outlined in Section 5 of the proj ect report dated April 25,2005, the Community Development Staff recommends approval of the variance requests, and subject to the conditions outlined in Section 6 of the project report dated Apri125,2005; a. The City policy is to require payment of the Metro Area Sewer Availability Charge (SAC) upon the issuance of a building permit. In this case, a$1,350 SAC fee is required and will be collected with the issuance of a building permit for Parcel "A". b. The applicant must record the two lot minor subdivision survey within 60 days after the approval of the City Council. Public utility and drainage easements of 5 feet are required on the sides and rear lot line, while a 10 feet right of way easement is required on the east Dale Street frontage. In addition, a private utility easement across parcel B in favor of Parcel A for private sanitary sewer placement must be recorded with the survey. c. The applicant must apply for and receive a driveway access permit for Ramsey County prior to issuance of any building or grading permit. d. A grading plan and the survey ("B" above) must be submitted with the building permit application. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor: and the following voted against: WHEREUPON said resolution was declared duly passed and adopted. � REQUEST FOR COUNCIL ACTION Date: 4/25/2005 Item No: 3 . j Department Approval: Manager Approved: Agenda Section: � �' � � �� ��' Staff Reports Item Description: Consider Approving a Lease Agreement with T-Mobile Wireless for Leasing Space on the City Hall Campus Monopole Background In April, 2004, the City Council approved a lease agreement with T-Mobile Wireless (Voice Stream) for the purposes of T-Mobile locating their wireless antennae on the City Hall campus monopole. Several months later, T-Mobile backed out of the lease citing organizational restructuring needs. T-Mobile has completed its organizational restructuring and has decided to move forward with the Lease agreementunder the sa� terms and conditions. City Staff has reviewed the lease agreement and finds it consistent with the previous one. In addition, Staff has reviewed and approved the site plan for the equipment that will be located at the base of the pole. The equipment will be fully enclosed and screened from public view within the City's Public Works Building yard area. Discussion Items The lease agreement is consistent with prior lease agreements and reflects current market conditions. The lease calls for the following: �:t Five year initial term, commencing September 30, 2005, and ending September 30, 2010. L�t T-Mobile Wireless has the right to renew the lease for four (4) additional five-year terms subj ect to terms of the original lease. C7 T-Mobile Wireless shall pay the City annual rent of $22,000 per year, with automatic increases of 3% per ann��n. ❑ Both the City and T-Mobile Wireless retain the right to terminate the agreement within 90 days notice. T-Mobile Wireless' antenna equipment will be placed on the monopole at approximately 130' just below the space currently occupied by Verizon. Sprint PCS has there antenna located at 85'. Attachments a) Amendment A— Lease Agreement with T-Mobile Wireless (Voice Stream) Council Action Requested Motion to approve the Lease Agreement with T-Mobile Wireless, for leasing space at the City Hall Campus Monopole. LEASE AGREEMENT This Lease Agreement ("Lease") is entered into this day of , 2005 by and between the City of Roseville, a Minnesota municipal corporation ("Owner") and VoiceSt�eam Minneapolis Inc. a Delaware limited partnership with principal offices at c/o T-Mobile, 8550 W. $ryn Mawr Avenue, Suite 100, Chicago, IL 60631("Lessee"). Lessee desires to lease a portion of the Owner's property for the location and operation of wireless telecommunications equipment, as well as rights of way for ingress and egress of utilities thereto. In consideration of the terms and conditions of this Lease, the parties agree as follows: 1. Leased Premises. Owner hereby leases to Lessee a portion of the property located at 2660 Civic Center Drive, Roseville, Minnesota 55113, and legally described on Exhibit A. The tower and the City's land shall be referred to as "Owner's Property" or the "property". The property interests leased and granted by the Owner to the Lessee (collectively the "Premises") are the following: a) Ground space comprised of approximately one hundred fifty (150) (10' x 15') usable square feet, exact amount to be fixed by parties and described on Exhibit A. b) Structure exterior space for attachment of antennas. c) Space required for cable runs to connect equipment and antennas. d) Non-exclusive easements required to run utility lines and cables. e) Non-exclusive easement across Owner's Property for access. No other space or property interests are being leased to the Lessee except as described as above and as described on Exhibit A. Tcrm:'�cnc��al�. a) The initial term of this lease shall be five years, commencing on September 30, 2005 (the "CommencementDate") or the date that Tenant commences construction on the Premises, whichever is sooner, and ending September 30,2010; b) Lessee shall have the right to extend this Lease for four (4) additional and successive �ive- year renewal terms subj ect to (c) below; c) This Lease shall automatically be renewed for each successive renewal term unless; (1) Lessee notifies the Owner of its intention not to renew the Lease at least ninety (90) days prior to the end of any initial or renewal term; or (2) Lessee is in default of any of the terms or conditions of the Lease. 3 , Rent. a) On the Commencement Date, the Lessee shall pay Owner, as rent, the sum of twenty-two thousand and No/100 Dollars ($22,000.00) per year, payable in advance in equal monthly installments based upon Lessee's installation as shown on Exhibit B. Lessee's first installment of rent shall be prorated for any partial month and be paid to Owner within twenty (20) days after the Commencement Date, and all subsequent payments will be made in advance on or before the l st day of each month. b) The rent shall be increased annually, commencing September 15, 2006 and on September � 5�' of each subsequent year by 3% per ���. c) Lessee may not add additional equipment and/or antennas from that shown in Exhibit B without approval of Owner, not to be unreasonably withheld, conditioned, or delayed and an addendum agreement for additional rent. d) If the Lease is terminated, rent shall be pro-rated to the termination date. 4. Parap�ziv Use. Lessee may use the Premises for the installation, operation, and maintenance of facilities for the transmission and reception of radio communication signals in such frequencies as may be assigned to Lessee by the Federal Communications Commission (the "FCC") and for the installation, operation, maintenance, and use of related equipment in accordance with the terms of this Lease. This use shall be non-exclusive. Lessee shall use the Property in compliance with all federal, state, and local laws and regulations. Owner agrees to reasonably cooperate with Lessee in obtaining, at Lessee's expense, including the reimbursement of Owner's reasonable attorney and administrative fees at a cost not to exceed $500.00, any federal licenses and permits required for Lessees use of the Property. 5. Installation of Eauipment and Leasehold Improvements. a) Lessee shall have the right, at its sole cost and expense, to erect, install, operate on the Premises, and maintain the same in accordance with good engineering practices, and in compliance with all applicable FCC rules and regulations, the necessary equipment, personal property, and facilities which include radio transmitting and receiving antennas not to exceed that designated in Exhibit B(the "Antenna Facilities"). b) Lessee's installation of all such Antenna Facilities shall be done according to plans approved by Owner, which approval shall not unreasonably be withheld, conditioned, or delayed. Owner shall approve or object to such plans within thirty (30) days of receipt, and failure to make any objection within said thirty (30) days shall be deemed approval by Owner. Any damage done to Owner's property during installation or operations itself during installation and operations shall be repaired or replaced at Lessee's expense and to Owner's reasonable satisfaction. c) Lessee shall provide Owner with a Site Plan as detailed in Exhibit B. Said drawings shall include a detailed i�ve:�tary of all equipment and personal property installed by Tenant. d) The manner in which the Lessee's Antenna Facilities are erected shall be subject to prior approval by Owner, which shall not unreasonably withheld, conditioned, or delayed. Owner shall approve or object to the manner of attachment within thirty (30) days of receipt of such plans, and failure to mal{e any objection within said thirty (30) day period shall be deemed approval by Owner. 6. Ec�ui�ment Ub�rade. Lessee may update or replace the Antenna Facilities from time to time with prior written approval of Owner, which approval shall not be unreasonably withheld, conditioned, or delayed provided that the replacement facilities are not greater in number, weight, size or volume than the existing facilities and that any change in their location on the leased Premises is satisfactory to Owner in its reasonable discretion. Lessee shall submit to Owner a detailed proposal for any such replacement facilities and supplemental materials as may be requested, for Owner's evaluation and approval. Owner shall approve or object to the manner of attachment within thirty (30) days of receipt of such plans, and failure to make any objection within said thirty (30) day period shall be deemed approval by Owner. 7. Maintenance. a) Lessee shall, at its own expense, maintain any equipment on or attached to the Property in a safe condition, in good repair, aesthetically pleasing, and in a manner suitable to Owner so as not to conflict with the use or other lease of the property by Owner. Lessee shall not unreasonably interfere with the worl�ing use of the Property, related facilities, or other equipment of additional lessees. b) Lessee shall have sole responsibility for the maintenance, repair, and security of its equipment, personal property, Antenna Facilities, and leasehold improvements, and shall keep the same in good repair and condition during the Lease term, including painting its equipment the same color as the tower. c) Lessee must keep the Premises free of debris or anything of a dangerous, noxious or offensive nature or which would create a fire or other hazard, undue vibration, heat or noise, interference, etc. d) When Owner paints or repairs its tower, it shall be the responsibility of the Lessee to provide adequate measures to cover Lessee's equipment, personal property or Antenna Facilities and protect such from paint and debris fallout which may occur. Owner will provide written notificationto Lessee at least thirty (30) business days in advance, for any maintenance or repair that would impact Lessee's Antenna Facilities, except in emergency situations in which Owner will provide phone or emai� notification within twenty-four (24) hours of a recognized emergency. Owner will not remove, modify, relocate, or otherwise tamper with Lessee's equipment without Lessee's prior written consent. e) Lessee will fence off or otherwise have a physical barrier, meeting Owner's approval, separating its ground space from the Owner's ground space. 8. Property Access. a) Lessee, at all times during this Lease, shall have vehicle and pedestrian ingress and egress over the Property by means of the existing access, subject to notice requirements to Owner as set forth in Section (b) below. b) Lessee, at all times during this Lease, shall have 24-hours-a-day, 7-days-a-week access to the Property in order to install, operate, and maintain its Antenna Facilities. Lessee or its employees, agents, or subcontractors will be required to sign-in before entering onto the Property. Owner will be responsible for determining the sign-in location. c) Lessee is also granted the right, at its sole cost and expense, to enter upon the Owner's property to determine the property's suitability for any intended use of Lessee, which studies may include surveys, environmental evaluations, radio wave propagation measurements, field strength tests and such other studies as Lessee deems necessary or desirable. 9. Utilities. Owner represents to the best of its knowledge, that utilities adequate for Lessee's use of the Property are available. Lessee will pay for all utilities used by it at the Property. Owner will cooperate with Lessee in Lessee's efforts to obtain utilities from any location provided by Owner or the servicing utility. 10. Personal Propertv and Real Estate Taxes. Lessee will be responsible for payment of all personal property taxes assessed directly upon and arising solely from its use of the Antenna Facilities on the Premises. Lessee will pay to Owner any increase in real property taxes attributable solely to any improvements to the Premises made by Lessee within 60 days after receipt of satisfactory documentation indicating calculation of Lessee's share of such real estate taxes and payment of the real estate taxes by Owner. Owner will pay when due all other real estate taxes and assessments attributable to the property of Owner of which the Premise is a part. 1 L Comvliance with Statutes, Reaulations, and Apvrovals. Lessee's use of the Premises herein is contingent upon its obtaining all certificates, permits, zoning, and other approvals that may be required by any federal, state or local authority (engineering study, radio frequency interference study, etc.). Lessee's Antenna Facilities and any other facilities shall be erected, maintained and operated in accordance with site standards, state statutes, rules and regulations now in effect or that thereafter may be issued by the FCC and related governing bodies. 12. Interference. a) Lessee's installation, operation, and maintenance of its Antenna Facilities shall not interfere in any way with Owner's tower operations or other City operations. b) Owner in no way guarantees to Lessee non-interference with Lessee's transmission operations but agrees to take reasonable action to eliminate or reasonably mitigate any interference with Lessee's equipment caused by Owner or an entity under the control of Owner, provided Owner shall not be obligated to make any improvement to its Property or to physically relocate any equipment or other personal property. c) Notwithstandinganythingin this section or this Lease to the contrary, the Owner shall not be obligated to take action which would adversely affect the City's public safety communications system. 13. Termination. Except as otherwise provided herein, this Lease may be terminated as follows: (a) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default to the other party (without, however, limiting any other rights of the parties at law, in equity, or pursuant to any other provisions hereo fl; (b) by Lessee upon 60 days written notice, if it is unable to obtain or maintain any license, permit, or other governmental approval necessary for the construction and/or operation of the AntenYa Facilities or Lessee's business; (c) by Lessee upon 60 days written notice, if the Premises or Antenna Facilities are, or become unacceptable under the Lessee's design or engineering specifications for its Antenna Facilities or the communication system to which the Antenna Facilities belong. Within 30 days written notice of termination of this Lease for any reason, Lessee shall remove its equipment, personal property, Antenna Facilities, and leasehold improvements from the Property, and shall repair any damage to the Owner's Property caused by such equipment, normal wear and tear and casualty excepted; all at Lessee's sole cost and expense and to reasonable satisfaction of the Owner. Any such property or facilities which are not removed by the end of 30 day period shall become the property of Owner. 14. Insurance. a) Lessee and Owner shall carry adequate insurance to protect the parties against any and all claims, demands, actions, judgments, expenses, and liabilities which may arise out of or result directly or indirectly from Lessee's use of the Property. Any applicable liability policy shall list the Owner as an additional insured and shall provide that it will be the primary coverage. The insurance coverage must include, at least, Comprehensive General Liability Insurance Coverage, including premzses/operafian coverage, bodily injury, property damage, independent contractors liability, completed operations coverage, and contractual liability coverage, in a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence, subject to One Million Dollars ($1,000,000) aggregate. Lessee may satisfy this requirement by underlying insurance plus an umbrella policy. The Owner's insurance coverage must include, at least, Comprehensive General Liability Insurance coverage, including p�em�xses/apea-ation coverage, bodily injury, property damage, independent contractor's liability, completed operations coverage, and contractual liability coverage, in a combined single limit of not less than Six Hundred Thousand Dollars ($600,000) per occurrence, subject to Six Hundred Thousand Dollars ($600,000) aggregate. b) Lessee shall provide Owner, prior to the Commencement Date and before each renewal of the Lease term, evidence of the required insurance in the form of a certificate of insurance issued bv an insurance company licensed to do business in the State of Minnesota, which includes-all coverage required in Paragraph above. Said certificate shall also prrsw•tr�� that the coverage may not be canceled, non-renewed, or materially changed without thirty (30) days' written notice to Owner. 15. Dama�e or Destruction. If the Property or any portion thereof is destroyed or damaged so as to hinder its effective use of its Antenna Facilities, Lessee may elect to terminate this Lease upon thirty (30) days' written notice to Owner. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction and Lessee shall be entitled to the reimbursement of any rent prepaid by the Lessee. 16. Indemnification. Lessee and Owner mutually agree to the extent permitted by law, to indemnify, defend, and hold harmless each other and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation, which may be asserted against or incurred by either party or for which either party may be liable, which arise from the negligence, willful misconduct, breach of this Lease, or other fault of the other party or its employees, agents, or subcontractors in the perfornaanee of this Lease or from the ownership and use of the Property, including but not limited to; the installation, operation, use, maintenance, repair, removal, or presence of Lessee's transmission facilities on the Property, and specifically including the representations and warranties of Paragraph �$(b) of this Lease, provided same is not due to the negligence, willful conduct, or breach of this Lease by the indemnified party or any of its elected officials, officers, employees, agents, contractors or representatives. Notwithstanding the foregoing provisions to the contrary, neither party shall have any liability for any damages coverable under a standard special form property insurance policy with respect to any equipment, real or personal or other improvements owned by the respective parties. If either party fails or neglects to defend such actions when obligated to do so, the other party may defend the same and any expenses (including reasonable attorneys' fees) which it may pay or incur in defending said actions, as well as the amount of any judgment or settlement which it may be required to pay, shall promptly be reimbursed by the responsible party. Notwithstanding anything to the contrary in this Lease, in no event will either party be liable to the other party for, or indemnify the other party against, punitive, indirect, incidental, special or consequential damages, including without limitation, loss of profits, income or business opportunities; provided, however, that this provision shall not release or reduce Tenant's obligation to pay rent in accordance with the terms of this Lease. 17. Notices. All notices, requests, demands, and other communications�ereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, returr� receipt requested, or by a nationally recognized overnight courier service to the following addresses: If to the Owner, to: City of Roseville 2660 Civic Center Drive Roseville, MN 55113 Attn: Finance Department If to Lessee, to: VoiceStream Minneapolis, Inc. 8550 W. Bryr� Mawr Avenue, Suite 100 Chicago, II, 60631 Attn: Lease Administration With a copy to: Legal Department With a copy to: T-Mobile USA 12920 SE 38th Street Bellevue, WA 98006 Attn.: PCS Lease Administration With a copy to: Legal Department 18. Representations and Warranties. a) Owner represents that 1) it has full right, power, and authority to execute this Lease; 2) it has good and unencumbered title to the Property free and clear of any liens or mortgages; 3) Owner warrants that Lessee shall have quiet enjoyment of the Property during the term of this Lease in accordance with its terms. b) Owner represents that Owner has no knowledge of any substance, chemical or waste on the Owner's Property that is identified as hazardous, toxic, or dangerous in any applicable federal, state, or local law or regulation. c) Lessee represents and warrants that its use of the Premises, herein, will not generate and it will not store or dispose on the Property nor transport to or over the Property any hazardous substance and further agrees to hold Owner harmless from and indemnify Owner against any release caused by Lessee of any such hazardous substance and any damage, loss, or expense or liability resulting from the breach of this representation or from Lessee's violation of any state or federal law by such release including all reasonable attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of Owner, its employees, contractors or agents, other than such materials used in the ordinary course of Lessee's business in accordance with all applicable Laws and Regulations. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic materials, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be mended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 19. No Liability on Owner. Owner shall not be liable for dama�e to Lessee's equipment or Antenna Facilities, and Owner shall not be liable for vandalism or malicious mischief caused by third parties, known or unknown. �.�, _����a7 i ii��it. a) Lessee may not assign or sublet this Lease without the prior written consent of Owner, which consent shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the provisions of this paragraph, Lessee shall have the right, without Owner's consent, to assign this Lease to any parent subsidiary or affiliate of Lessee or any entity into which Lessee may be merged or consolidated or which purchases all or substantially all of the assets of the Lessee, as long as the Lessee remains obligated on the Lease., Any approved sublease that is entered into by the Lessee shall be subject to all of the provisions of this Lease. b) The parties acknowledge that this is a non-exclusive lease. Nothing in this Lease shall preclude the Owner from leasing other space for communications equipment to any person or entity which may be in competition with Lessee, or any other party. 21. Successors and Assi�ns. This Lease shall run with the Property. This Lease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 22. Miscellaneous. a) Each party agrees to furnish to the other, within thirty (30) days after written request, such truthful estoppel information as the other may reasonably request. b) This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. There are not representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. No provision of this Lease will be deemed waived by either party unless expressly waived in writing by the waving party. No waiver by either party of any provisions of this Lease shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision. c) This Lease shall be construed in accordance with the laws of the State of Minnesota. d) If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. e) Upon request by either party, the parties agree to promptly execute and deliver a recordable memorandum of this Lease in a form acceptable to both parties which may be recorded by the party requesting the memorandum of lease. �} Owner waives any lien rights it may have, statutory or otherwise regarding Lessee's Antenna Facilities, all of which shall be deemed personal property, whether considered real or personal property under applicable state laws. This Lease was executed as of the date first set above. OWNER — CITY OF ROSEVILLE Dated: ,2005 By: Craig Klausing Its: Mayor And: Neal Beets Its: City Manager LESSEE — `V'oiceStream, Minneapolis Inc Delaware corporation Dated: ,2005 By: Greg Cisewslci Its: Regional Vice President of Engineer and Operations EXHIBIT A TO LEASE AGREEMENT LEGAL DESCRIPTION OF OWNER'S PROPERTY: That part of the Southeast Quarter (SE Xi) of the Southeast Quarter (SE Xi) of Section 3, Township 29, Range 23 lying South of Woodhill Drive. All located within �amsay County, Minnesota EXHIBIT B TO LEASE AGREEMENT Please see attached Site Plan. �� Request for Council Action Date: Apri125,2005 Item Number: 5. ent Approval ManagerApproval Agenda Section Item Description: Hearings Lake C)wasso Safe Boating Association Requestfor Placement of Water Ski Course and Jump on Lake Ow�sso Backaround: The council, at its April � i, 2005 meeting, established a public hearing for April 25, 2005, to consider the Lake Qwasso Safe Boating Association's request for approval of a Ramsey County Sheriffs permit for placement of a waterski course and water ski jump on Lake Ow�sso. Attached is a letter from the Association with Certificate of Ins�arance. Notice of the Hearing was mailed to affected lake property owners, posted on the City's bulletin board and also appeared as a legal publication in the St. Paul Pioneer Press. Staff Recommendation: City Council approval of the Lake Qwasso Safe Boating Association's request for permit from the Ramsey County Sheriff for water ski course and jump on Lake Owassc�. Council Action Reauested: Motion recommending approval of the Lake C3wassc� Safe Boating Association's request for permit from the Ramsey County Sheriff to place water ski course and water ski jump on Lake Owasso for the 2005 season. DP'W/Ti' scription: REQUEST FOR COUNCIL ACTION �n���.r ?� ��� Notices (P�`3634) � _f� TOPIC DESCRIPTION: Date: 04125105 Item No. 6. ariance L] The Variance Board has recommended a change to the Section 1014.04 B4 of the City Code relating to official notice prior to Variance Board hearings. The Board and staffrecommend one written notice to property owners within 350 feet. On the notice would be the time and date of the hearing and the process �i time limits for appeals of the Variance Board decisions. 1.? On April 6,2005, the Planning Commission held a public hearing on this proposal. There was no public comment. The Planning Commission recommended approval 6-0, with clari�'y�ng language added to state that the appeal process will be explained on the mailed notice. I..} Current code requires the staff to send out individualizednotices before and after the meeting. The "after meeting" notice explains the action taken by the Board and also explains the appeal process. With the exception of the action, which can be found at the meeting, on cable, and in minutes and on the web page, all mailed notice materials could be simplified and reduced in expense with one "pre-meeting" mailing, 10 days in advance of the meeting. �,Q RF.�'(��4����Na�TTC�V�; ?. I The Planning Commission, Variance Board and the staff recommend the change as a means of simplification and reducing the cost and time of the notice process. 3,� SUGGESTED ACTION: BY MOTION, approve of the text amendment. Attachment: Proposed Amendment :.��i. �_-� iya�lttyr.'Mi'�'��ut� �ifi�r�f �'�J7�'GFifi ly�l7 TiC'fV;Ftii i'�:.�Yti�fF�w � 1':T�F. ti'+fi��r ��vJS'ti�il'� } a3 I�lotice_AmendmentlE�CA_Propased Changes to City Code (042505).doc ORDINANCE #— Draft: April 28,2005 (PF 3634) � AN ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, SECTION � 1l�1�4.0484 BY REVISING THE REQUIREMENTS FOR NOTICE OF FINAL �5 DECISION BY THE VARIANCE BOARD TO ALLOW FOR ONE MAILED r � I� LI [� I� I-G I� -I� ]� �� �� ,� i �1 �� NOTICE OF THE PROPOSAL AND INFORMATION ON HOW TO APPEAL A DECISION OF THE VARIANCE BOARD AT LEAST 10 DAYS PRIOR TO THE HEARING. The City Council of the City of Roseville does ordain: Section l. Section 1014.0��� is hereby revised as follows: 1014.04: BOARD OF ZONING ADJUSTMENTS ANDAPPEALS: A. Except as described in the subsection below (zoning variances), the City Council shall act as the Board of Adjustment and Appeals �� B. Zoning Variances. The City Council shall annually ���i �- nominate three members of the �� Planning Commission to act as the Board of Zoning Variances Adjustments and Appeals �� (hereinafter called the "Variance Board") pursuant to Minnesota Statutes Chapter 462. Requests ��a for variances shall be processed by the Community Development Director or designee in �� accordance with the provisions of chapter 1013 of this title or other relevant section of this code � 8 and Minnesota Statutes 15.99. �� 1. The Community Development Director or designee shall provide written notice of the request, .}�? as per Section 108 of this Code to all property owners within 350 feet prior to a hearing of the ��9 Variance Board and shall publish notice of public hearing in the official newspaper at least ten ��. (10) days prior to said hearing. �� 2. A sign, available from the Community Development Director or designee, shall be placed by :�� the applicant on a portion of the property visible from the primary road frontage, stating that the �� owner has a request before the Variance Board, the date of the hearing, and the city hall phone �6 number for further information. Such sign shall be placed at least ten (10) days prior to said �� hearing. �� 3. Additional Information: The city staff shall have the authority to request additional 39 information from the applicant concerning operational factors or to retain expert testimony with ��1 the consent and at the expense of the applicant concerning operational factors, said information � L to be declared necessary to establish performance �? conditions in relation to all pertinent sections of this Code. �� 4. When providing notice of the bearing, the Director of Community Development or designee ��� shall also maaX information on how to obtain a copy of the final order of the Variance Boaz'dz ar�d �� a brief statement of the a�t�ea� procedure to �� �h,� petitioner �t� r�� ���� ��� ia�3 1����k+4 ��� �'� auid �a all property owners within the legal notice area prescribed in Section 108. Any I person or persons, any private or public board, or taxpayer of the city aggrieved by any decision � of the Variance Board shall have the right to � file an appeal to the City Council as per Section � 108, and after that, may seek review of the decision with a court of record in the manner �4 provided by the laws of the State of Minnesota, particularly Minnesota Statutes chapter 462, as 5 such statutes may be from time to time amended, supplemented or replaced. (Ord. 1240, 5-$� � 2000) tp ] L� ]] 12 1� 1� 15 16 1� �8 �� Section 2. Effective Date. This ordinance amendment to the City Code shall take effect upon the passage and publication of this ordinance. Passed this th day of ,2005. ��411N�fF 1118: Il�'�,.ti46}i�It��1;rt1iRLSf4'�SrLM�T�IiyR�IGi fL�T�_�:C1�I�-`i4�a�I�r4��� :_f11�T�ti�f.�7 �n�7���7�1 �'F4_.Noticc_A�ncndmentlProposett Revisionio Sectirn 1014-p4b4(PC rev-040G45).doc PLEASE ADD THE ATTACHED DOCUMENTS AFTER INDEX TAB #7 IN YOUR CITY COUNCIL PACKET BOOK. �� ._��.��- �z ,-�.. �� �� �� �� �� �����- ���.� " �� � ��- �� � S � �'�� � �-�'�--� �{�� } ; ��� ��� ��4�f'y ��~' �� �� �_�� �� �.� �'�����'�' - ��� ' � ���'���'`�' _r�� ����_����--�� •---�•----... ... ��- , _ + � � • / �{ � --- �{?�✓�'���'��- ��� ���r � � t� 3i �: L� r r �� � I Department Approval: U�WIGB Item Describtion: � � REQUEST FOR COUNCIL APPROVAL DATE: 04/25/OS ITEM �i0: 7. Agenda Section: Accept the �i'� eni �l� ��t [ ar� Authorize the preparation of a Redevelopment Contract for the Twin Lakes Phase I Plan prepared bv Rottlund Companies (PF3S95 Contract). Requested Council Action: Per motion, Council will be asked to accept the terms outlined in the term sheet presented by staff and Krass Monroe on April �4��' with suggested Council modifications. L.' Per motion, Council will be asked to authorize the preparation of a Redevelopment Contract with Rottlund Companies for the Twin Lakes Phase I development plan per the authorization provided in the Council Resolution No. 10285 approved on March 14, 2005. +,� BACKGROUND: �� 1 On December 8,2003 the City Council chose the "Master Developer" concept for Twin Lakes Redevelopment and established a Stakeholders Panel process to work with the selected Master Developer on a refinement of the master concepts. �,� On March 29,2004, the Council approved a resolution designating Rottlund as the Master Developer of Twin Lakes and approving a Contract for Exclusive Negotiations with Rottlund (the "Contract")which was scheduled to expire on March 31,2005. ?.:} On September 27. 2004, the Council approved a resolution authorizing the continuation of the Contract based upon Rottlund successfully achieving the requirements under the Contract Section 7 (a). �. � On November 8,2004, the Council approved the extension of deadlines relating to the Contract due to the delay in making a concept land use decision as a result of the notification regarding the petition from the Friends of Twin Lakes. The deadline extension was for 60 days after the City ruled on the concept land use plan. �. � On Januarv 10,2004, the Council approved the concept land use plan as proposed by the Master Developer and amended by the Planning Commission and City Council. Therefore, the Contract deadline for contract items under Section 7b became March 14, 2005 and for items under Section 9 becomes June 13 to June 20,2005. �.�r On March 14,2005, the Council adopted a resolution, determining the adequacy of Rottlund Homes' submissions to complete Section 7b requirements within the Contract for Exclusive Negotiations. 2.7 On April 18, staff, in consultation with the firm of Krass Monroe, presented specific development and financing terms negotiated with Rottlund homes as part of the continued requirements under the Exclusive Negotiation Contract. These terms, with Council suggested modifications will become the basis, if approved, of the redevelopment contract for the Twin Lakes Phase I project. 3.0 SUGGESTED COUNCIL ACTION 31 Per motion, accept the terms outlined in the term sheet and authorize the preparation of a Redevelopment Contract with Rottlund Companies for the Twin Lakes Phase I development plan per the requirements of the Council Resolution No. 10285 approved on March 14.2005. Report Prepared by: Dennis Welsch, Community Development Director (651-792-7071) Cathy Bennett, Economic Development Specialist (651-792-7072) Attachments: Council ResolutionNo. 10285, Term Sheet �R��VG�It� ,q�l� �ic]hlh�i',NL�St+INIhJG FILCSti3i3�0-]i94�J595 Rnllluud-Tnin Lak�,c Ph� 15:��ntr�•t�J?.1C'A-P�S45- ilatllundlmna�xaC4?fi{15j.i}oo - - - - - .� EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF ROSEVILLE Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Roseville, County of Ramsey, Minnesota, was held on the 25th day of April, at 6.Oa p.m. The following members were present: Council Member adoption introduced the following resolution and moved its RESOLUTION NO. A RESOLUTION APPROVING A TERM SHEET WITH THE ROTTLUND COMPANY, INC. FOR THE TWIN LAKES REDEVELOPMENT AREA AND APPROVING THE PAYMENT OF CERTAIN CONSULTING FEES BE IT RESOLVED by the City Council (the "Council") of the City of Roseville, Minnesota (the "City"), as follows: Section 1. Term Sheet with The Rottlund Companv, Inc. ("Rot�lund"). 1.01 On March 14, 2005, the Council authorized City staff to continue to work with Rottlund on the tasks and for the purposes set forth in the Contract for Exclusive Negotiations dated March 29, 2004 with a view to submitting a proposed Contract for Private Redevelopment to the City no later than June 13,2005, and 1.02 The City has presented to Rottlund a term sheet (the "Term Sheet"), attached as Schedule A, outlining the terms and conditions under which the City is willing to enter into a Contract for Private Redevelopment with the Redeveloper. 1.03 The Council hereby finds that the proposed redevelopment which would be the subject of the Contract for Private Redevelopment promotes the objectives as outlined in its Development Program. 1.04 The Council hereby fmds that the proposed redevelopment is located in an area which the Council intends to include in the Tax Increment District pursuant to Minnesota � Statutes, Sections 469.174 through 469.1799, inclusive. 1.05 The Council hereby approves the Term Sheet and authorizes the Community Development Director and the City Manager to negotiate a Contract for Private Redevelopment with Rottlund, which Contract shall be presented to the Council for its approval, provided that the City receives reimbursement from Rottlund for the costs incurred by the City as set forth in Section 18 of the Contract for Exclusive Negotiations. Section 2. PavmEnt of Certain Consulting Fees. 2.01 The Council hereby authorizes City staff to contract with Krass Monroe, P.A. for an amount not to exceed $45,000 for the following development consulting services: �a� Review options for type, timing and implementation of the Tax Increment District, �b� Modify program or establish new program (including preparation of budgets, etc.), (�� Create the initial Tax Increment District and Hazardous Substance Subdistrict, �d� Review blight fmdings and analysis of inspectionreports, �� �e� Complete additional work related to completion of the Term Sheet and the Contract for Private Redevelopment. Adopted by the Council of the City this day of ,2005. The motion for the adoption of the foregoing resolution was duly seconded by City Council Member and upon vote being taken thereon, the following voted in favor: and the following voted against: WHEREUPON said resolution was declared duly passed and adopted. 4121105 draft v�F TERM SHEET Rosev���elTwin Lakes Phase I (Areas 1, 2, 3, 4, 5 and 8) Redeveloper: The Rottlund Company, Inc., or other redevelopment entity comprised of Rottlund and co-redevelopers. City: City of Roseville, Minnesota. 1 Redevelopment Property: "Phase I", consisting of the property within Areas 1, 2, 3, 4, 5 and 8, consisting in part of property owned or under contract by the Redeveloper ("Redeveloper Property") and Private Property, a11 as identified on Exhibit A. Creation of TI�' District: The Contract for Private Redevelopment (the "Redevelopment Agreement") to be entered into between the parties wi11 set forth the process by which the City wi11 create a redevelopment tax increment financing district and any qualifying hazardous substance subdistricts for the Redevelopment Property (the "TIF District") assuming the statutory tests for establishment are met. The TIF District wi11 include Areas 1-5 and 8. Any of such parcels currently in a tax increment district wi11 be decertified from that district. The creation of the TIF District wi11 be subject to proper consideration by the City and, subject to a substantive factual basis, the making of a11 necessary findings by the City, including the "but for" finding on need for public assistance. The City wi11 consider any necessary or appropriate modifications or re�inements to the definition of the underlying Project area. Fiscal Disparities: The fiscal disparities contribution for the Project wi11 be paid within the TIF District. Eminent Domain: The Redeveloper wi11 use its best efforts to acquire the Private Property through negotiation with the current owners. The Redevelopment Agreement wi11 set forth the terms and conditions of City assistance with acquisition of any remaining parcels through eminent domain, which sha11 include: p, The required primary public purpose findings can be found to support such action. 2. To institute condemnation proceedings, the Redeveloper provides 10% of the City's estimate of the total acquisition costs, which wi11 include an estimate of market value and relocation bene�its, attorney's fees and other professional fees and services. 3. At the time a court deposit or payment is required, the Redeveloper advances an amount equal to the greater of (i) 110% of the estimated total acquisition costs, less the Redeveloper's initial deposit or (ii) the amount of such deposit or payment. Conveyance to the Redeveloper wi11 occur promptly after acquisition by the City. At the closing, the Redeveloper wi11 pay or the City wi11 refund the difference between the actual condemnation costs and sums previously deposited by the Redeveloper. If the amount of the award or relocation payment is appealed, the Redeveloper wi11 advance, at closing, 110% of the amount of the Respondent's claim plus the City's estimated costs of defending the appeal, less amounts previously deposited. 4. If the City is unable to acquire a parcel of property through the eminent domain process and, if both parties agree that the elimination of such parcel wi11 not substantially impair the integrity of the entire Project, the parties agree to discuss whether changes to the Concept P1an attached as Exhibit B can be made to accommodate the elimination of such parcel. Any such changes sha11 be subject to the reasonable approval of City Council and the Redeveloper. Financial Unfeasibility: The Redevelopment Agreement wi11 set forth a definition of �inancial "unfeasibility" which would apply in two circumstances: If the cost to acquire one or more of the parcels in Area 8 substantially exceeds the parties' projections and renders the entire Project (not just the portion of the Project relating to Area 8) financially unfeasible, and if both parties agree that the elimination of such parcel wi11 not substantially impair the integrity of the Project, the parties agree to discuss whether changes to the Concept P1an can be made to accommodate the elimination of such parcel or parcels. Such changes wi11 be subject to the reasonable approval of the City and the Redeveloper. 2. If the cost of environmental remediation substantially exceeds the parties' projections and renders the entire Project financially unfeasible, the parties agree to discuss whether changes to the Concept P1an can be made in a way which wi11 not substantially impair the integrity of the Project. Such changes wi11 be subject to the reasonable approval of the City and the Redeveloper. Tax Increment Financing: Calculation of Assistance Needed: The Redevelopment Agreement wi11 specify the options or recourse available to the Redeveloper and the City if the Project cannot be made �inancially feasible. The City wi11 provide the following tax increment �inancing to the Redeveloper, as set forth in greater detail below: The City wi11 issue Tax Increment ("TI") Revenue Bonds payable only from tax increment generated by the Redevelopment Project for tax increment-eligible costs ("Eligible Costs") incurred by the Redeveloper. The Eligible Costs wi11 include a11 costs eligible for payment with tax increment under applicable 1aw. The City wi11 issue a pay-as-you-go T� Revenue Note or Notes, payable solely from tax increment, to reimburse the Redeveloper for Eligible Costs which have not been reimbursed by City public improvement or special assessment bonds or TI Revenue Bonds. The Redevelopment Agreement wi11 contain a schedule as to the timing of issuance by the City and the amounts of TI Revenue Bonds and TI Revenue Notes. Every six months, the Redeveloper wi11 submit an itemization of Eligible Costs incurred to the City for certification. Annually, the Redeveloper wi11 submit a cumulative-to-date Sources and Uses and also a projected Sources and Uses through completion of the Project so that, prior to each issuance of TI Revenue Bonds, the City can determine the 1eve1 of assistance needed based on an agreed-upon Redeveloper margin (see below). By December 31 of the first full assessment year following completion of the Project (the "Reconciliation Date"), the Redeveloper wi11 submit a Project Sources and Uses for a�ina1 accounting by the City and the Redeveloper of the 1eve1 of assistance needed for the entire Project, including the Redeveloper's margin discussed further below. TI Revenue Bonds: The City intends to issue TI Revenue Bonds as follows: • Bonds wi11 be either taxable or tax exempt as allowed by 1aw in amounts that meet reasonable underwriting standards and upon terms then available in the public marketplace. TI Revenue Notes Bond proceeds may only be used to reimburse Eligible Costs incurred by the Redeveloper and certified by the City. Bonds may be issued without additional security in the fourth quarter of each year (subject to underwriting criteria) with respect to Minimum Improvements completed by December 31 of the prior year and assessed on January 2 of the current year. Issuance of the TI Revenue Bonds earlier wi11 require security as determined by the underwriters of the Bonds. TI Revenue Bonds payable from tax increment generated by the hazardous substance subdistrict proposed to the created wi11 be issued as early as possible consistent with underwriting standards. The 5% City administration fee wi11 be subordinated to provide additional coverage for issuance of the TI Revenue Bonds. The TI Revenue Bonds wi11 be issued on a panty basis, will be payable only from tax increment and wi11 not be a general obligation of the City, County, State or any other political subdivision. The following terms wi11 be applicable to the TI Revenue Note(s): + Principal amount wi11 be determined and Notes issued upon — certification of Eligible Costs in accordance with a schedule set forth in the Redevelopment Agreement to reimburse Eligible Costs incurred by the Redeveloper. � Term wi11 be coterminous with duration of the TIF district. � Interest rate initially set at 7%, except that on the Reconciliation Date the rate sha11 be reset to the yield of 10-year Treas�ay Notes plus 2.8% (subject to a maximum of 9.5%). i 95% of available tax increment wi11 be pledged. � The pledge of tax increment for the TI Revenue Notes wi11 be subordinated to the pledge of tax increment for any City Bonds, the TI Revenue Bonds and tlie City's admin. fee. + Any amounts unpaid at the maturity date of the TI Revenue Notes wi11 be deemed paid in fu11. Priority of Application of Tax Increment: Available tax increment wi11 be applied in the following priority: 2. 3. '�' Any public improvement or special assessment bonds Whie�3 the City has elected to issue TI Revenue Bonds City's administrative fee (5% or as agreed upon following consultation with City staff and Finance Director) TI Revenue Notes Calculation of Redeveloper Margin and Limitation of Assistance: The Redeveloper's net income from the Project sha11 be determined by subtracting a11 costs incurred in building out the Project from a11 Project Revenues. The total "margin" sha11 be a percentage obtained from dividing this income by the total of a11 proceeds from sales of 1and, housing units and commercial and of�ice property. The Redeveloper's share of the margin sha11 not exceed the amount set forth below. Tota1 Redeveloper's City's Margin (°/a) Share Share Up to 12.5 100% 0% 12.5 — 15.0 75 25 15.0 -17.5 50 50 Over 17.5 25 75 Land acquisition prices: For purposes of determining the cost of land held by the Redeveloper, the parties wi11 use the value as determined by appraisal or other process agreed to by the parties. Land sales prices Construction Fund Admin- For purposes of calculating revenues from sales of 1and: If land (improved or unimproved) is sold to an unrelated party in an arm's length transaction, those prices wi11 be deteiminative. The Redeveloper wi11 certify to the City that such party would be considered unrelated under applicable Internal Revenue Code regulations. If property is sold to a related party (as de�ined in Internal Revenue Code regulations), the land sale price wi11 be determined by agreement between the City and Redeveloper or, if agreement cannot be reached, the land sale price wi11 be the higher of an appraisal conducted by an appraiser mutually agreeable to the parties or the actual sale price. For improved property sti11 owned by the Redeveloper on the Reconciliation Date, an "imputed" sales price based on an appraisal, or other method acceptable to both parties for valuing the property or its rate of return, wi11 be used. istration and Accounting: The Redeveloper wi11 administer Project revenues and disbursements therefrom, subject to trust instruments, etc. regarding the repayment of Bonds. The Redeveloper wi11 deliver to the City quarterly reports and also year-end compilation reports which have been prepared by a CPA and certi�ied by the Redeveloper, with both types of reports to not be more limited in scope than the reports which are required to be submitted to its investors and lenders. � Redeveloper Entity; Recnnveyance/r�ssignment: r The Redeveloper anticipates that it wi11 create a Minnesota limited liability company ("LLC") to enter into a Redevelopment Agreement with the City. The �,LC's members wi11 be the entity constructing the housing portion of the Project, the entity constructing the office portion and the entity constructing the commercial portion. The LLC can assign the Redeveloper's obligations to construct the various components of the Project to such members or, subject to the reasonable approval of the City, to third-party developers. Development Costs: Subject to reimbursement as Eligible Costs within the limitations set forth herein, the Redeveloper wi11 pay for a11 environmental remediation, site preparation, public improvement, p1at, plat amendment, PUD and other development costs. Platting: The Redeveloper wi11 re-plat the Redeveloper Property into the lots shown on the Site P1an. Following acquisition of the Private Property by the Redeveloper, the Private Property wi11 be re-platted so as to incorporate it into the Redevelopment Property as shown on the Site P1an. The City wi11 cooperate with the Redeveloper relative to any vacations or other City actions necessary to accomplish the replatting. Redeveloper Public Improvements: Subject to reimbursement as Eligible Costs within the limitations set forth herein, the Redeveloper wi11 construct and pay for the following Public Improvements in accordance with City specifications and subject to approval by the City engineer. The parties wi11 coordinate the installation of the Public Improvements in order to accommodate the timetable for construction of the Minimum Improvements. Upon completion of the Public Improvements in compliance with City specifications and acceptance by the City, the Public Improvements will become public property. � Utility relocation ■ Burial of electricity, cable, telephone, natural gas � Sanitary sewer + Water mains and stubs * City streets (the amount of City contribution to the extent area- wide bene�it is demonstrated wi11 be set forth in the Redevelopment Agreement) + Traffic lights and sidewalks ■ Sto�-m sewers and storm water system elements (ponds, pipes, infiltration system) both on and off site + Underground utilities � a+i Site Improvements: Subject to reimbursement as Eligible Costs within the limitations set forth herein, the Redeveloper will construct and pay for all site improvements, including: i Building demolition ■ Environmental remediation + Site clearance + Landscaping and screening according to City-approved landscape plans • Trails and other pedestrian improvements pursuant to City- approved site plans (if such improvements are privately owned; if public, they will be heated as Public Improvements) � Grading and importiexport of soil in accordance with City- approved grading plans ■ Retaining walls and fences � Private streets, including curb and gutter ■ Park improvements, according to any City requirements Minimum Improvements: The Redeveloper will construct or cause to be constructed the following Minimum Improvements to the Redevelopment Property as shown on the Concept Plan: . Approx. 150,000 sq. ft. big box anchor retail (expected to be a wholesale or retail general merchandise facility whose merchandising concept is based upon a relatively limited number of stock keeping units (SKUs} over a large number of products) • Approx. 80,000 sq. ft. junior anchor retail • Approx. 180,000 sq. ft. corporate office • Approx. 45,000 sq. ft. office � Approx. 70,000 sq. ft. multitenant retail � Approx. 25,000 sq. ft. restaurant • Approx. 240 units lofts with individual garages • Approx. 240 units senior condominiums with underground and surface parking • Approx. 142 units new urban townhomes with individual garages • Approx. 82 units gable townhomes with individual garages • Approx. 26 units urban row townhomes The product mix and numbers of square feet and housing units shown above are estimates and subject to change as necessary to comply with City Council or Planning Commission requirements, the approved Development Response Action Plan ("DRAP) or if one or more parcels of the Redevelopment Property cannot be acquired by eminent domain. Phasing: Quality of Minimum Improvements: Areas 1(East), 2. 3 and 4: Subject to weather and other force majeure events, Public Improvements and Site Improvements wi11 begin within approximately 60 days after receipt of a11 �ina1 approvals, expiration of any appeal period related to creation of the TIF District or any eminent domain proceeding, acquisition of a11 parcels and issuance of building permits, and sha11 be completed within 12 months thereafter. Construction of Minimum Improvements sha11 begin within 30 days of completion of Public and Site Improvements. The Redevelopment Agreement sha11 specify the phasing for construction of the Minimum Improvements. Linkage of housing to commercial construction: No certi�icate of occupancy wi11 be issued for any commercial until at least 60 housing units are completed or under construction. Area 1 West�: If market conditions do not permit commencement of construction of at least 180,000 sq. ft of corporate of�ice within three (3) years of creation of the TIF District, the Redevelopment Agreement sha11 specify the quantity, type and timing of housing to be built on that site. Non-office commercial wi11 not he an acceptable use for the site. r�f�:l �: Construction of Minimum Improvements sha11 commence within 3(three) years of the commencement of construction of the housing Minimum Improvements in Areas 1(Eas�), 2, 3 and 4. r'ti r�s �' : Subject to the concept of economic feasibility discussed above, construction of Minimum Improvements sha11 commence within 5(�ive) years of the commencement of construction of the housing Minimum Improvements in Areas I(East), 2, 3 and 4. The Redeveloper wi11 not be required to execute assessment agreements. To ensure quality of the Minimum Irnproven�er�ts, the Redeveloper wi11 provide the City with a description of the housing products or other Minimum Improvements to he constructed and speci�ications of construction materials, �ixtures and available upgrades. Both parties acknowledge that it is in their mutual interest to maximize land sales proceeds and the value of the completed Minimum Improvements. .� The City wi11 have the right to decline to approve the Minimum Improvements if it appears to the City that the total market value of the Minimum Improvements wi11 not be at least 90% of the total market value projected in the Redeveloper's pro forma. The City wi11 not reject the Minimum Izr�provements if the Redeveloper demonstrates to the City's reasonable satisfaction that the market wi11 not support the product set forth in the Redeveloper's pro fnrma. Capitalized Interest: Capitalized interest during the construction period and costs of issuance of any City public improvement or special assessment bonds and TI Revenue Bonds wi11 be tax increment eligible expenses. Grants, Responsible Parties: The Redeveloper and City wi11 cooperate and use their best efforts to recover costs of environmental remediation from responsible parties and wi11 also seek grants from the State of Minnesota, Metropolitan Council, DEED or other available public funds. Subject to reimbursement as Eligible Costs within the limitations set forth herein, the Redeveloper wi11 advance costs that were expected to be defrayed by grants that are not received. Government Approvals: The Redeveloper and City wi11 cooperate and use their best efforts to obtain a11 necessary government approvals. 3'�rr�711�+�. The Redeveloper wi11 comply with a11 applicable City building codes and construction requirements. The Redeveloper wi11 pay normal permit, plan review, utility access and park dedication fees and wi11 be responsible for obtaining a11 building, plumbing, electrical and mechanical permits prior to construction. City fees (infrastructure, impact, permits, other) are set forth on Exhibit C. Zoning and Land Use Approvals/Easements Special Assessments: Park Dedication Fee1 Public Open Space Contrib. Normal and customary site and building plan review requirements wi11 be followed. The Redeveloper wi11 pay for rezoning, subdivision, platting, plat amendment, PUD and preparation of restrictive covenants, easements, reciprocal easements, and any other documentation necessary for the construction and sale :ti f the Minimum Improvements. The Redeveloper wi11 be responsible for obtaining a111and use and zoning approvals. The Redevelopment Agreement wi11 specify the amount and purpose, if any, of special assessments to be levied against the Redevelopment Property. The 1eve1, amount and distribution of park dedication fees associated with the Project wi11 be substantially in conformance with Roseville City Code S�c. 1103.07 and wi11 be set forth in the Redevelopment Agreement. �� Business Subsidy Act: Except for reporting requirements, the Project is exempt from the application of the Business Subsidy Act. Relocation of Tenants: The Redeveloper will provide relocation services and benefits for all eligible tenants of the Redevelopment Property. The Redeveloper may, in lieu of funding such services and benefits for a tenant, provide a written waiver by that tenant. Such waiver must be in a form acceptable to the City. The Redeveloper will indemnify the City for any relocation liabilities arising under applicable law with respect to any portion of the Redevelopment Property. Prohibition on Tax Exemption:Qnce acquired by the Redeveloper, the Redevelopment Property and Minimum Improvements will not become exempt from ad valorem property taxes until termination of the TIF District. This covenant will be contained in a declaration of restrictive covenants to be signed by the Redeveloper and recorded against the Redevelopmenf Property. Effect of Term Sheet: This Term Sheet outlines the terms under which the parties are willing to enter into a Redevelopment Agreement, but does not constitute an offer or acceptance on either party's part. All rights and obligations with respect to the Redevelopment Property will only be as provided for in a Redevelopment Agreement approved by the City Council and the Redeveloper. ��-'k�.i-i-�-U�I��;�i�.�_.:�•�1.� L•�-W��:;��� �����i.i� � Redevelopment Property — Parcel List Parcel � Fi��pr.rt�' �+�ne� 1-1 Dorso 1-2 Dorso 1-3 Dorso 1-4 United 1-5 � Pikova Co. Co. Co. ;s Investment 7ement LLC 2-1 � Pik Terminal Co. �-�x . i':� Ttr�lu�ye.: L-��. 2-2b Pik '1'e���aaal Inc. 2-2c Pik Terminal Co. 2-3 Pik Terminal Co. 3-1 •ld 1�mini�n Fr 3-2 Xtra Lease Inc. � PIN � Parcel Address � 04-29-23-32-0001 2814 Cleveland Ave N 04-29-23-32-0002 2814 Cleveland Ave N 04-29-23-32-0003 2814 Cleveland Ave N 04-29-23-32-0008 1984 County Rd C2 W � 04-29-23-32-0007 � Mount Rid�e Rd j 04-29-23-32-0012 � Mount Ridge Rd ��-=�-c �-��-L7��� i����� 17:LUT ��k't � 04-29-23-34-0001 Prior Ave N 04-29-23-31-0015 Prior Ave N 04-29-23-33-0007 Mount Rid e Rd Line Inc. 04-29-23-33-0001 2750 Cleveland Ave N 04-29-23-33-0002 2700 Cleveland Ave N 4-1 Franklin Bancarp, Inc. 4-2 Roseville Properties 4-3 Roseville Properties 4-4 Rose�ille Properties 4-5 Roseville Acquisitions LLC 5-1 Hagen Vcntures LLC 8-1 MN Industrial Venture LLC 8-2 MN Industrial Venture LLC 8-3 Citv of Roseville 04-29-23-33-0004 2650 Cleveland Ave N ��_�c�_� }_�� _�r�Q ;;• 2660 Cleveland Ave N � 2019-35 Coun Rd ' '�- 04-29-23-33-0010 2001 Count Rd C W 04-29-23-33-0003 2690 Cleveland Ave N 04-29-23-33-001 � 1947 Count Rd C W 04-29-23-31-0019 2785 Fairvi�w Ave N 04-29-23-31-0017 2825 .�airview Ave N 04-29-23-31-0018 2805 1�'aiarview Ave N 04-29-23-31-0020 Unassianed � EXHIBIT A Owned by Redeveloper or Under Contract -- ..�. . ---� . . ! [will he attached to finad �'"erm SheetJ Site Plan �- EXHIBIT B � �� K •_ �., _ ���►_��'! . �� �� �� � - r � - �� u . ..- � , ��. .{ r �-� � �, � �, �J ` �� +. .n,.; - . � F 1 1 c t .� µ y. �� ��. � J t - � . :�:� ����' ��- • r{': . _ • ' • �•ry� -� k � r '�.#}��, -- '''�'' _ f _ �i�.- +� . . . . . � : - � f � � •�� � � r{/ F � _ , - � w� � �� � _ �� �� �.' � � •- � . � � I �� ---� i � �: � . � • -�� z� i� � - - .; � �; , � ,��: . , � ;, � .'' � � .—. - " . � I...�� � � � -- - � - �- .� _ - .__. .__.. :: � �. . -- �� , � ._ � �: -�� . , � : �� , . , ,. -'t'.'� y�- �� y �-- �', � �� 'I i�i i t'� _ . p .� � �� I .. — ; - � �.. . .�, � �� ' ;-{.�,' ��.►} � ��' :� ` �M1 . � � . . _ i .� '�'. ��^ � � , i ' � _ ��., �, , � k � � ��� � � � � � � �� � ' � ti • ':� '� • -� z : ' J .� } ' � a _.. ..-' ..�� � r�_ � i � +� � ' •— � � ti: � � _ � t �� - e:� ti� � � � � ���. � ��� � �'� � � �`i��e������*eG� ' ' � g ��' • �� � ' Q � � Y ��m :� ' k � � • ,.. . ' �'� � f�'� �� y •' r L • I � � � � fi' � � S' � � � � � J ' ' ' - '� � � � . r � .i_ � 7�'� � i = . •�E�s�� .� . . . . '� � � r # �'� � . � � . � � � �. • ' J� � f� . . Y • •- � . J — � _ __ ..— � _ _---•—•— ,��#"--• ,�i }-x--� '� � � � �I' ,�� � . � #°� , �l �`�� � �{� � ' h 7r • S ���" � � ' - � � � �, � � � >• ;� �', � �� ��� � _ � � . .. � � � f�� ��� w � ,�f' - � . �r,�� . � � _ -- � � � � � � � � �will be attached to final Term Sheet] � Citv Fees � EXHIBIT C EXTRACT OF NIINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF ROSEVILLE x �: � � x � �, .� x x a: .r. x x Pursuant to due call and notice thereof, a regular meeting of tl�e City Council of the City of Roseville, County of Ramsey, Minnesota was duly held on the 22nd day of November, 2004 at 6:00 p.m. The following members were present: Schroeder, Kough, M. asclika, Ihlaal and Klausing and the following were absent: none. � Member Maschka introduced the following resolution and moved its adoption: RESOLUTION No. 10261 RESOLUTION ESTABLISHING THE 2005 FEE SCHEDULE NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Roseville, Minnesota, that various regulatory-type fees are established for 2005 in accordance with the Fee Schedule attached to this Resolution. The motion for the adoption of the foregoing resolution was duly seconded by member Schroeder and upon a vote being taken thereon, the following voted in favor thereo£ Schroeder, Kough, Mascl�ka, �h1az� azzd Klausing and the following voted against the same: none. WHEREUPON, said resolution was declared duly passed and adopted. 7 State of Minnesota) j �� County of Ramsey) I, undersigned, being the duly qualified City Manager of the City of Roseville, County of Ramsey, State of Minnesota, do hereby c�rtify that 1 have care£ully compared the attached and foregoing extract of minutes of a regular meeting of said City Council held on the 22nt� day of November, 2004 with the orzgii�al thereof on file in my office. WITNESS MY HAND officially as such Manager this 22nd day of November, 2004. �� � Neal Beets City Manager Seal � Cit of Roseville Y Schedule of Fees and Charges for Service Effective January 1,2005 Description of Fee/Char�e — Amusement device – p er machine — Benches in right-of-way — Bowling alley — First alley Each additional alley Burial Penr�it Building Permits Christmas trees, sale of Cigarettes, sale of Conversation parlors Daycare facility inspectiou fee Dog and cat license – original * Duplicale/address change Special multiple Special animal Dog lcennels Excavation, grading, and surfacing False afa�� fees - police Fourth false a�ar�rz Each subsequent false alarm False alarr� fees – fire Third false alarm Each subsequent false alarm Total maximum false a1a�-�n fees Fertilizer, sale of Fertilizer, applicator Firearms, sale of Fireworks, sale of consumer (existing retail) Fireworks, sale of consumer (stand-alone, temporary) Fuel storage tank inspection Game roon7 Gas pumps –private business Gasoline stations Horse — Hospitals-veterinary * License fee is for two (2) years City Code Reference 303 703 303 303 401 901 305 306 308 N(A 501 501 501 501 501 705 506 506 506 506 506 408 408 310 NIA N/A N/A 303 310 310 501 310 Annual Amount �';��:itl � ; .�: u, i 70.00 20.00 100.00 see AppendiY A 65.00 100.00 10,000.00 40.00 5.00 3.00 25.00 25.00 75.00 see AppendiY A -� r7r� �.'.5 U�l .i! k}.��] : ��.il� ��,,f,�]cr ��.�]0 ', !;�7.�1f1 .��1.�7?] I I I� I_�l� _30�_�]0 I 0�.�� ; ��.ii�� fii F.�]C� _ ;fll.�]Ca �.�l�l ���.�lr] `� I � Cit of Roseville Y Schedule of Fees and Charges for Service Effective January l, 2005 Description of �'ee/Char�� Lawful gambling One time event permit Premises pennit Required contributions Liquor licenses: On sale intoxicating liquor license On sale wine license (establishments with 75 seats or less) On sale wine license (establishments with 75 seats or more) Temporary oi� sale (3 days) Temporary o�2 sale in Central Park Sunday on sale license Special club license (dependent oY� the Number of inembers): 51 —200 201 — 500 501 — 1,000 1,000 — 2,000 2,001— 4,000 4,001— 6,000 More than 6,000 Off sale intoxicating liquor license On sale non-intoxicating liquor license Off sale non-intoxicating n�alt liquor license Massage therapist Massage therapy business establishment Park Dedication Pawn Shop license Pawn shop and precious metal dealer license Pawn shop fee (per transaction) Pool and billiards First table Each additional table Precious metal dealer Recycling contractor Right-of-way pennits City Code Annual Reference Amount 304 $25.00 304 3°/a of gross receipts 304 10°/a of net profits ; i �'' ;[ia } �, �' �'— � j}7 7 r7� ;i�? �i:�f ;i7� , _� !_ �t.,� ;i:�� 7 �r, t :i�:�� ryi.,� ��,� .�1�� 3 iat� ? f ��� : €�;�� .�, � ;': ��r�,� _ "�'�' �� ��t�.00 l,�[]f?.[?�i �!�_!.�1� ��.� ,'�)I} �.f) 300.00 500.00 650.00 800.00 �,000.aa z,000.oa 3,000.00 200.00 100.00 30.00 75.00 f 150.00 300.00 separate resolution lo,aoo.oa 13,000.00 3.00 303 70.00 303 20.00 311 10,000.00 403 125.00 703, 707separate resolution �: a � Cit of Roseville Y Schedule of Fees and Charges for Service Effective January l, 2005 Descriotion of Fee/Char�e Sewer connection fees Sewer usage fees � Soil contamination Solid waste hauler S�o:raaawater drainage fees Thcaters — per viewing screen Tree planting and removal Vehicle forfeiture impound fee (per day) Waiea' connection fees Water usage fees Water tower permit —private use Well pennit Wireless permit �ee City Code Annual Reference Amount 802 802 406 402 803 310 706 NIA 801 801 801 801 1205 see Appendix A separate resolution $ l/cu.yd. up to $300 125.00 separate resolution 70.00 separate ordinance 15.00 see Appendix A separate resolution separate resolution separate resolution Negotiated Cit of Roseville � Schedule of Fees and Charges for Service Effective January 1,2005 Appendix A - Building Permit Fees City Code Sections; 307, 801, 802,901, 1014 Buildin� Permit Fee: Pennit fee to be based on job cost valuation. The determination of value or valuation shall be ��.ade by the building official. The value to be used in computing the building pennit and building plan review fees shall be the total of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other pennanent equipment. TOTAL VALUATION FEE $1.00 to $500.00 $25.00 $25.00 for the first $500.00 plus $3.25 for each $501.00 to $2,000.00 additional $100.00, or fraction thereof, to and includin $2,000.00 $73.50 for the first $2,000.00 plus $14.75 for ��.i �i ��;.iai i i�ti ��.�.�!i!i!.i �i! each additional $1,000.00, or fraction thereof, to and includin $25,000.00 —� $415.75 for the first $25,000.00 plus $10.75 �?�,[�l�] _�C� [o ���1,1!��� ��7 for each additional $1,000.00, or fraction thereof, to and includin $50,000.00 $682.50 for the first $50,000.00 plus $7.50 for �� �i�Cal� ] _i]{� ':� o l �l�l,il�l�l .f �t� each additional $1,000.00, or fraction thereof, . to andincludin $100,000.00 $1053.50 for the first $100,000.00 plus $6.00 4: i:�t?. �:•u ; i:�i:� i�� �� i)i),i'�i;��. i�i �� for each additional $1,000.00, or fraction thereof, to and includin $500,000.00 $3,427.75 for the first $500,000.00 plus $5.00 ���j�1,r��� �.�;�1 it� 5 6,�]�,+J�I�.ri� � for each additional $1,000.00, or fraction thereof, to and includin $1,000,000.00 $5,945.25 for the first $1,000,000.00 plus $1,000,001.00 and up $4.00 for each additional $1,000.00, or fraction . thereof Other Inspections and Fees: Inspections outside of normal business hours ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . $48.41 per hour (minimum charge �- two hours) Re-inspection fees assessed under provisions of the MN State Building Code ..............................��..�,,...,...,,..,..,..,..............$48.41 perhour Inspections for which no fee is specifically indicated ... . . . . . . . . . . . . . . . . ...$48.41 per hour Clt of Roseville Y Schedule of Fees and Charges for Service Effective January 1,2005 (n�inia��uin charge — one-half hour) Additional plan review required by changes, additions or revisions to plans ... ..... ..... ..... ..... ..... ..... ..... ..... .... ..... ..... .....$48.41 per hour (minimum charge — one-half hour) For use of outside consultants forplan checking, inspections and similar costs ............................................................................................Actual costsl A.ctua� costs include administrative and overhead costs. Demolition �'en�lit Fee: Tenant i�nproveinent/remodelin� prior to building pennit .S � 1. �� Structures not connected to utilities ���I .� Structures connected to city utilities 5 L���.�W Electrical Permit Fee: Set through yearly contract with Contract Electrical Inspector Fire Safet,y Inspection Fee: An amount equal to eight percent (8°/o) of the a��ount determined by the Building Permit Fee (except for single-family dwellings) to be charged and used to defray the cost of fire safety inspections (Ord. 1237, 3-13-2000, e�� 5-1-2000) Gzadin�/Excavatiai-� Permit Fee: Grading Plan Review Fee 50 cubic yards or less .........................................................................1�io fee = 51 to 100 cubic yards or less... ................................. $24 20�•r 101 to 1,000 cubic ards. . .. . ... . .... ... . . . .. . ..... . . . . . .. ... . . .... . . . .. . . .$38.11 1,001 to 10,000 cubic ards... ............................................................$50.72 10,001 to 100,000 cubic yards —$50.72 for �l �� first 10,000 cubic yards, plus $25.24 for each additional 10,000 ards or fraction thereof. 100,001 to 200,000 cubic yards —$277.84 for the first 100,000 cubic plus $13.65 for each additional 10,000 cubic ards or fraction thereof. 200,001 cubic yards or more —$414.32 for the first 200,000 cubic yards, plus $7.47 for cach additional 10,000 cubic ards or fraction thereof. Other Fees: Additional plan review required by changes, additions or revisions to approved plans (minimumcharge—one-halfhour) ..................................................�$52.00perhour � � Cit of Roseville � Schedule ���'k�ees and Charges for Service Effective January l, 2005 Gradin Yen��t Fee 50 cubic ards or less .......................................................................... $24.20 Slto 100cubic ards,. .......•••••.••••••••�••�•$38.11 .............................................. 101 to 1,000 cubic yards —$38.11 for the first 100 cubic yards, plus $18.02 for each additional 100 cubic ards or fraction thereof. 1,001 to 10,000 cubic yards —$200.33 for the �first 1,000 cubic yards, plus $14.94 for each additional 1,000 cubic ards or fraction thereof. 10.001 to 100.000 cubic yards —$334.75 for the first 10,000 cubic yards, plus $67.98 for each additional 10,000 c�tbic ards or fraction thereof. 100,001 cubic yards or more —$946.57 for the first 100,000 cubic yards, plus $37.60 for each additional 10,000 cubic ards or fraction thereof. Other Inspections and Fees 1. Inspections outside of normal business hours .. .... .... .... .... .... .... ... •$52.OD per hour (mi�lilnurt� charge — one-half hour) 2. Reinspection fees ..............................................................$52.00 per hour 3. Inspections for which no fee is specifically indicated .... .. .. .. .. .. .. .. ...$52.00 per hour (minimum char e — one-half hour) Investigation Fee: Work without a Permit Whenever any work for which a permit is required from the city has been commenced without first obtaining said pennii, a special investigation shall be made before a pennit may be issued for such work. An investigation fee, in addition to the permit fee, shall be collected whether or not a pen�nit is then or subsequently issued. The investigation fee shall be equal to the amouzai of the pern7it fee required by this code. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. Manufactured Hozne Permit Fee: N ew installation Mechanical �'ennit Fee: Residential Air conditioning — new Air conditioning — replacement Warm air furnace — new Wann air furnace -� replacement I�ot water boilers — n�w Hot water boilers — replacement Unit heaters Swimming pool heaters Miscellaneous work & gas piping � I 5�.�[� $36.00 $36.00 $77.25 $41.20 $77.25 $41.20 $41.20 $41.20 1.25 % of estimated job cost Cit of Ro sevll�e Y Schedule of Fees and Charges for Service Effective January l, 2005 Minin�um fee Gas fireplace Commercial All cozx�a�ezczal work Movin� Permit Fee: Over private property only Over public streets Investigation fee Pl�anbi��� Permit Fee: Admii�istrative/minimuir� fee Plus, for each fixture opening Miscellaneous work Backflow prevention verification ���to-:i.?i.F �� ] .�� 1.25 % of estimated job cost �� ] . 5� �] C�3.�} .� �„ 3 �1?h�ti��r $36.00 $8.25 1.25 % of estimated job cost $20.60 Plan Review Fee: When a building permit is required and a plan is required to be submitted, a plan checking fee shall be paid. Plan checking fees for all buildings, except for construction costs in R-1 and R-2 zones which do not involve new single family structures and are of less than fifteen thousand dollars (�15,000.00), shall be sixty five percent (65°/o) of the building permit fee as set forth in Section 901.06 of this chapter, except as modified in M.S.B.C. Section 1300. (Ord. 1110, �-13- 1992) The plan review fees specified are separate lees from the permit fees specif ed and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan r�view or when the project involves deferred submittal items an additional plan review fee shall he charged at the above rate. Expiration of plan review. Applications �for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be raturncd to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days on request by the applicant showing t��zat circtitn�s�anccs beyond the control of the applicant l�ave prevented action from being taken. No appiicatioix shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. � f Clt of Raseville � Schedule of Fees and Charges for Service Effective January 1, 2005 Refund Fee: The building official ir�ay authorize refunding of any fee paid hereunder which was erroneously paid or collected. The building official may authorize refunding of not more than 80 percent of the pennit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent of t17e plan review fee paid when an application for a pei-�nit for which a plan review fee has paid i s withdrawn or canceled before any plan reviewing is done. The building official shall z�at authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. Sewer Connection Perinit Fee: Residential Commercial Repair Disconnect �iQn Permit Fee: Utilize building �ennit fee schcdule No plan review fee Minimum fee Swi�nmin� Pool Permit Fee: Utilize building permit fee schedule Water Connection Pe�zt Fee: Residential Commercial Repair Disconnect Land Use �'ez-��iG Fee (Fences, Walls. Sheds, Drivewa�,, Draintile Svstem): Utilize building pern�it fee schedule No plan review fee Minimum fee �� t .�� � k ��£� ��t�.� .��:.�:' �.".•r�. �'�'r ��1 .S� � I ra�.5 �] 'S? �i_[]�] ��l �r7 ��('i_�)�i Cit of Roseville Y Schedule of Fees and Charges for Service Effective January l, 2005 Miscellaneous Fees: Verification of state contracting license Replacement inspection record card Re-stamping job site plan sets Certificate of Occupancy Conditional Certificate of Occupancy Full Certificate of Occupancy Copy City contractor license fee Administrative fee — contracting work per Section 407.7 of the Citv Code: Residential R-1 � R-2 zones Other zones �1 _C�l� � L � �tl� ��4.i�f} �„� r�r) � I �.U�� � � []i) } ��:� �Jf1 $36.00 $51.50 �'ootin�/foundation pennit prior to full permit issuance: Residential $ r �_�.� Coinmercial � 1 �� �t� Community Development Department Permit and Miscellaneous Fees ItemlPer�nit - -- �k r.�+,�Y:,: . C�r�am,r'��d�,.;�-:,�� ��i �r, .. _ familx larxl vs�e ur'rafFic F:rU�t�l� � f Fiinl;t•J l'I� I ���:ti � �]Irrr. • : �.nnr.c�Y �� ^�7r�x•�I i 11-� �u �` PI7�f�C� I'i� I I)rtic:i�;�in•r __.n�d .�F��n7ra: P!anne! I'n.l I'le4th:�n•�r' :3�x��rrx�l ;Il�arr_i�{�� k�xi�n,n�: i�l'}'�-,�ttir! islf e: J���tl*" fl It.u-n�;j ��ru i��_�'ude Tcti E!L oieod useu I F' 1] [ea iai���.. 3' ���� I iau uf [{i�bE_ui• XY�it.�, I.] [��i� su 6] .� �L':LI IGII II � E.715{ 121L'R�� r LRa�r i u;�.i �_. ._.. . l: u�u�rrrl�ru.,i L t NI1u - L�x I.� iiarii J 1�7�f�1" (1 IP�I 19fF� I � l'om�,rrh rn;l;� I'lan - ilr;�ati�n .*msn�ms�" - �rleiri uF,� _— _— .{'irodiLi�irn! I�ye d't•i ui�[- I{t•,i�}t•iHi��`' �Flr�ri i��,}--- � � iiri�li[iuu al L�Se I'i�i'iYi i[ -�'u tI51Y71•� 49 �G" ` I J Lt•�l Lflg� ��ILi4�a47EiuL — }1�8L... 4����aFS�� �11M��I75 �; i�i ry- P�r.l�mu�� n� P_ �vi �1� rari u{� , tivlicl i4iLm�i - F'iu ul 1'J�t }'�in�i�iia Et,�Yi�e�[i a l`' �Fltia r ir1F;F ti',i ri,i uc� • i'uuui�rrri�l' • I lJr�� i nLl lurrri�r� I y4' I�L'I�IIILLF� Els�rus . �---•-� — �ai3i�tl� I't i,i,•�� I I��+ M�51dKp5k11 4111I+` _ f�4ul fl �+��� �u i� i� �,� �cti• i.+�ir•r � h I��rlc�l itat� rukl�ction � �i�airsu: xiEr �f�17 � ti471'�{�'_7Q�iQ4� dk Mp�IJ}���� CI��� _.. Proposed 2005 f Change from 2004 !� af�� rel ��ti n� f� ? �0� '.�"� i�f slirr�•I riiyL lill:��l li� I Nn f�a�ur ,�ai�l�,��� I � � �H�,Q�k • +��€i.C�r � s{�.�n _ �r�� � i� av�fi 5 3�p.Of] i 5��1.Cd1 5 :?.U.00 _� � • 51 C�U 04 �5�I1.OlF ��, 1_ hhn�t� 5 y�p��0 �+� �l�H��ryi� �i�71�S14} i�ii � li�iy��: s��•�� ' �0 1 'h aiy�r `�FII,�fI.UIF �� f'lieo�,rc �NP�R.�I} '�n i'Irao� ��4'�$µ •�ii f h �a��' . ���'fl.�t} �iil � IIJFl�� �OII�G� 155fl.011 55�A.fll} �� �'h,ioy�n� Sl UII,��. _ - �.� l'll ���t . , __.-.T.� _ . _ �� � �,� SfI.�Q �a� f'ha-�e� }�ila.{�f� �ai �'hon�* � ;�`i1F.�lt} � �r� C'hao� -- ' � ±S.OfF �ir� �"han�e � - �.. � � �.,.�..� +� tiizff I�iiar]X rate � 4$O•40�r I�pqir �ir� f'h���C �I r � i Cit of Rosev�lle y Schedule of Fees and Charges for Se�-vice Effective January 1, 2005 �jr�rii�ynF riial+,�,- *•LRa� y �r�li�-�Fk .. ---• i — 9',iY hr�fiYt�li7s*5[ hl�l�lh�t-{�����113111�tnr fiF rJMrrl�R ur $5,000.00 deposit— minimum ' No Change review of proposal, including ciry consultants) , fee plus consultants fees � Planning Commission Agendas/Xeaz' (mailed) . $10.�0* � No Change* Planning Commission Minutes/Year (mailed) _ �tS•40* No Chan�e* C C Code-entire book, no binder prehensive Plan, Vol.l, all text, all m� prehensive Plan, CD on Book 1 and 2 ng Code-ealfire document & map Research Staff Time Maps*** — 8% x Z Z(black and white) — existing PDF map s . Maps — 8'/z x 11 (color) — existing PDF inap Maps — I1 x 17 (color) — existing PDF inaps Maps — I7 x 22 (color) — existing PDF inaps Maps — 22 x 34 (color) — existing PDF inaps Maps — 34 x 44 (color) — existing PDF inaps Citv Address Book ET 1x17)* — existint PDF • �I�]fl.iii;• -. . . 55011 D4' � $10.U0* ' •-. --.- �51�_4n* ___ � staff hourly rate ' : . ... --- $54.Gf1•'lir — - • - ���� � No Charge* : . i'.�.`"—� .._ � �,•,.IMI� _ � - � Gn.�7n � � 20J0� ' 40.OU* � __ $100.00 per book* i $10.00 ner disk* No Change* No Change* No Change* No Change* No Change $.101sheet No Change* �5b• �1.QD* �s.ao* $1�.00* �20.Q4* $50.00 per book* $5.00 ner disk* Digital Data (copied to customer disk) - Contours (half sections, 1996 data) $92.00 per file-i-$1U.06 CD CD copy charge - QXt�4 photography (half section, 1996 data) $8.00 per file+$14.Q6 CD CD copy charge All other base data (parcels, pfanimetric) and aerial imagery cannot be sold due to license restrictions. . Please contact the City on 763-792-7075 for ' �li.t�rli uiiuo i u ��rm,iiiiiu . _, t9�}(f !'#�L�sir�k fe3rure� dk�lral rF�:a e�id+rr clrs �n � 5G'.SiF,��+S E�,�lk �'f� :�u I,u�'.'�J}'�J� ' 1996 Aerial plxoto map on blue line paper (other pre 1996 i $&.Ofl/112 section aerials available) � _ 1996 Aerial photo with contours paper (other pre 1996—, �100.fl01112 section ae�•ialslcontours availablel ' � �� � CD copy charge ' No Change No Change iling labels "currentresident" 5��1��' . Simplified ;al Notice mailing label —"fee owner" $#;•��: Simplified Freelno charge on internet city home page and available for review at tibe-a�y and city ��tt If multiple requests (such as a subdivision, a variance, and a conditional use permit) are part of one application, i'iil• rF.�irges un�s lair nG�xi etpenxirr �n•rmiii a, pEi��iiiun 5t�px�d�ia ih�; �rr lir hf rn�ked a��svwLinn Fequ«7ti are in F�e �hamtd sL a Liinr ,ivsl nriiri �,i3 i,iir. ;[il �i Coordinator hourly rate • $75.00) d 4I�421105 draft v34 TERM SHEET Rosevilie/Twin Lakes Phase I (Areas 1, 2, 3, 4, 5 and 8) Redeveloper: The Rottlund Company, Inc., or other redevelopment entity comprised of Rottlund and co-redevelopers. City: City of Roseville, Minnesota Redevelopment Property: "Phase I", consisting of the property within Areas 1, 2, 3, 4, 5 and 8, consisting in part of property owned or under contract by the Redeveloper ("Redeveloper Property") and Private Property, all as identified on Exhibit A. Creation of TIF District: The ontract for Private Redevelonment (the "Redevelopment A reement" to be entered ' will set forth the process by which the City will create a redevelopment tax increment financing district and any qualifying hazardous substance subdistricts for the Redevelopment Property (the "TIF District") assuming the statutory tests for establishment are met. T[le TIF District will include Areas 1 5 and 8. Any of such parcels currently in a tax increment district will be decertified from that district. The creatiion of the TIF District will bc subiect to �ro�er consideration bv the City and, subject to a substantive factual basis, *+-�:1� ��ner}t�LiS� makin� of all necessary findings F�� the City, including the "but for" finding on need for public assistance. The City will e�#�-t+M�3��:L7��� is.F� r any necessary or appropriate modifications or refinements to the definition of the underlying Project area. Fiscal Disparities: The fiscal disparities contribution for the Project will be paid within the TIF District. Eminent Domain: The Redeveloper will use its best efforts to acquire the Private Property through negotiation with the cu7-rcnt owners. The �'�; V+►;11 ��Redeveioprrfez�t Agreement will set forth the terms and conditions of City assistance with acquisition of any remaining parcels through eminent domain, ��which shall include: The required primaxy public purpose findings can be found to support such action. 2. To institute condemnation proceedings, the Redeveloper provides 10% of the City's estinlate of the total acquisition costs, which will include an estimate of market value and relocation benefits, attorney's fees and other professional fees and services. 3. At the time a court deposit or payment is required, the Redeveloper advances an amount equal to the greater of (i) ll0% of the estimated total acquisition costs, less the Redeveloper's initial deposit ar(ii) the amount of such deposit or payment. Conveyance to the Redeveloper will occur promptly after acquisition by the City. At the closing, the •- Redeveloper will pay or the City will refund the difference � between the actual condemnation costs and sums previously deposited by the Redeveloper. If the amount of the award or relocation payment is appealed, the Redeveloper will advance, at closing, ll 0% of the amount of the Respondent's claim plus the City's estimated costs of defending the appeal, less amounts previously deposited. 4. If the City is unable to acquire a parcel of property through the eminent domain process, *'�� �'�*•: ^��' D°�°„°'��^�- and, if both parties agree that the elimination of such �arcel will +1��4iLi Leri l� I substantiallv im�air the inte�,xitY of the entire Proiect, the parties a�ree to discuss whether changes to the Concept Plan attached as Exhibit B can be made to accommodate the elimination of such parcel. Anv such changes shall be subject to the reasonable al�proval of City Council and the Redeveloper. Financial Unfeasibilitv: The Redevelo�ment Agreement will set forth a definition of financial "unfeasibilitv" which would apbiv in two circumstances: . 'L If the cost to acquire one or more of the parcels in Area 8 substantially exceeds the parties' �ti�,a�esprojections and renders the entire Project (not just the portion of the Project relating to Area 8) t�++-��fi i ie•�� f i r� i i i.i ii4 i{tl l� unfeasible. and if both parties agree that the elimination of such parcel will not substantiallv impair the integrity of the Project, the parties agree to discuss whether changes to the Conce�t Piax� can be made to accommodate the elimination of such parcel or narceIs. Such changes will be subject to the reasonable a�roval of the Ci�v and the Redeveloper. 2. If the cost of environmental remediation substantiall� exceeds the parties' projections and renders the entire Proiect financiallv unfeasible, the parties a�ree to discuss whether changes to the Conce�t Plan can be made in a way which will not substantially impair the inte�ritv of the Proiect. Such � Tax Increment Financing Calculation of Assistance Needed: chan�es will be subject to the reasonable a�proval of the City and the Redeveloper. The Redevelopment A�reement will specif t�ptions or recourse available to the Redeveloper and the City if the Proiect cannot be made financially feasible. The City will provide the following tax increment financing to the Redeveloper, as set forth in greater detail below: The City will issue Tax Increment ("TI") Revenue Bonds payable only frpm tax increment generated by the Redevelopment Project for tax increment-eligible costs ("Eligible Costs") incurred by the Redeveloper. The Eligible Costs will include all costs eligible for payment with tax increment under applicable law. 2. The City will issue a pay-as-you-go TI Revenue Note or Notes, payable sole�v from tax increment, to reimburse the Redeveloper for Eligible Costs which have not been reimbursed by City public improvement or special assessment bonds or TI Revenue Bonds. The uentr�E� ze�-p��va�e-��ea� ;r��ePt��t�-����Redevelopment Agreement°'�� b�e�r�e��-�-�rie�e����—�--�� will ��K+r��:t�n lai n a schedule as to the timing of issuance by the City and the amounts of TI Revenue Bonds and TI Revenue Notes. Every six months, the Redeveloper will submit an itemization of Eligible Costs incurred to the City for certification. 2. Annually, the Redeveloper will submit a cumulative-to-date Sources and Uses and also a projected Sources and Uses through completion of the Project so that, prior to each issuance of TI Revenue Bonds, the City can determine the level of assistance needed based on an agreed-upon Redeveloper margin (see below). By December 31 of' the first fiill assessment year following completion of the Project (the "Reconciliation Date"), the Redeveloper will submit a Project Sources and Uses for a iinal accounting by the City and the Redeveloper of the level of assistance needed for the entire Project, including the Redeveloper's margin discussed furtl�er below. � TI Revenue Bonds 'I,I Revenue Notes Priority of Application of Tax Increment: The City intends to issue TI Revenue Bonds as follows: • Bonds will be either taxable or tax exempt as allowed by law in amounts that meet reasonable underwriting standards and upon terms then available in the public marketplace. • Bond proceeds may only be used to reimburse Eligible Costs incurred by the Redeveloper and certified by the City. • Bonds may be issued witl�out additional security in the fourth quarter of each year (subj ect to underwriting criteria) with respect to Minimum Improvements completed by December 31 of the prior year and assessed on 7anuary 2 of the current year. Issuance of the TI Revenue Bonds earlier will require security as determined by the underwriters of the Bonds. TI Revenue Bonds payable from tax increment generated by the hazardous substance subdistrict proposed to the created will be issued as early as possible consistent with underwriting standards. • The 5% City administration fee will be subordinated to provide additional coverage for issuance of the TI Revenue Bonds. � The TI Revenue Bonds will be issued on a panty basis, will be payable only from tax increment and will not be a general obligation of the City, County, State or any other political subdivision. The following terms will be applicable to the TI Revenue Note{s): • Principal amount �+��=11 be determined and Notes issued upon certification of Eligible Costs in accordance with a schedule set forth in the Redevelopment Agreement to reimburse Eligible Costs incurred by the Redeveloper. • Term will �e coterminous with duration of the TIF district: � Interest rate e� ��'t�+ ���� �[•�r�rirtir�rf,�initiallV set at 7%, exce�t that on the Reconciliation Date the rate shall be reset to the .�� of 10-vear TreasurY Notes plus 2.8% (5�biect to a maximum of 9.5%l. � 95% of available tax increment will be pledged, • The pledge of tax increment for the TI Revenue Notes will be subordinated to the pledge of tax increment for any City Bonds, the TI Revenue Bonds and the City's admin. fee. • Any amounts unpaid at the maturity date of the TI Revenue Notes will be deemed paid in full. Available tax increment will be applied in the following priority: 1. Any public improvement or special assessment bonds which the City has elected to issue 2. TI Revenue Bonds 3. City's administrative fee (5% or as agreed upon following consultation with City staff and Finance Director) 4. TI Revenue Notes Calculation of Redeveloper Margin and Limitation of Assistance: The Redeveloper's net income from the Project sha11 he determined by subtracting a11 costs incurred in building out the Project from a11 Project Revenues. The R�ti����:�3��rr���1}��1 "margin" sha11 be a � percentage obtained from dividing this income by the total of a11 proceeds from sales of 1and, housing units and commercial �*i���er1-� ��S`�TJ�f�fr„ s..��Cl'TtF.�PELiII�L_ �Yt�O��1Ge �lf{��54{S��+f'i 5�irrli �• ��r��¢c�t��3�y�r�� �ri�r�T�+;�a � The Redeveloper's share of L��� margin sha11 not exceed �° ��� amount set forth below. T�i1a1 Redevel�ner,s City's Mar�in (%} Share Share Ub to 12.5 1 D�% 11°� 12. 5- 15 .0 7S. 2i 15.0 -17.5 SIl 54 Over 17.5 25. Zi Land acquisition prices: For purposes of determining the cost of land held by the Redeveloper, the parties wi11 use the value as determined by appraisal or other process agreed to by the parties. Land sales prices: For purposes of calculating revenues from sales of 1and: Construction Fund Admin- • If land (improved or unimproved) is sold to an unrelated party in an arm's length transaction, those prices wi11 be determinative. The Redeveloper wi11 certify to the City that such party would be considered unrelated under applicable Internal Revenue Code regulations. • If property is �e-l�sold to a related party (as defined in Internal Revenue Code regulations), the land sale price wi11 be determined by agreement between the City and Redeveloper or, if agreement cannot be reached, the land sale price wi11 be the higher of an appraisal conducted by an appraiser mutually agreeable to the parties or the actual sale price. • For imnroved �ro�ert� sti11 owned b� the Redevelo�er on the Reconciliation Date, an "im�uted" sales �rice based on an appraisal, or other method acce�table to both �arties for valuing the propertv or its rate of return, wi11 be used. �0 � istration and Accounting: The Redeveloper wi11 administer Project revenues and disbursements therefrom, subject to trust instruments, etc. regarding the repayment of Bonds. The Redeveloper wi11 deliver to the City quarterly reports and also year-end compilation reports which have been prepared by a CPA and certi�ied by the Redeveloper, with both types of reports to not be more limited in scope than the reports which are required to be submitted to its investors and lenders. Redeveloper Entity; Rec onveyance/Assignment The Redeveloper anticipates that it wi11 create a Minnesota limited liability company ("LLC") to enter into a Redevelopment Agseement with the City. The LLC's members wi11 be the entity constructing the housing portion of the Project, the entity constructing the of�ice portion and the entity constructing the commercial portion. The LLC can assign the Redeveloper's obligations to construct the various components of the Project to such members or, subject to the reasonable approval of the City, to third-party developers. Development Costs: Subject to reimbursement as Eligible Costs within the limitations set forth herein, the Redeveloper wi11 pay for a11 environmental remediation, site preparation, public improvement, p1at, plat amendment, PUD and other development costs. Platting: The Redeveloper wi11 re-plat the Redeveloper Property into the lots shown on the Site P1an. Following acquisition of the Private Property by the Redeveloper, the Private PrapErty wi11 be re-platted so as to incorporate it into the Redevelopment Property as shown on the Site P1an. The City wi11 cooperate with the Redeveloper relative to any vacations or other City actions necessary to accomplish the replatting. C i k}'—f�-¢i�' ��h3���w���Lt�F�L� � . ..}e�� Redeveloper Public Improvements: Subject to reimbursement as Eligible Costs within the limitations set forth herein, the Redeveloper wi11 const�-�ct and pay for the following Public Improvements in accordance with City speci�ications and subject to approval by the City engineer. The parties wi11 coordinate the installation of the Public Improvements in order to accommodate the timetable for construction of the Minimum Improvements. Upon completion of the Public Improvements in compliance with City speci�ications and acceptance by the City, the Public Improvements will become public property. • Utility relocation • Burial of electricity, cable, telephone, natural gas � Sanitary sewer • Water mains and stubs � . City streets (�seii�ethe amount of City contribution to the extent area-wide benefit is demonstrated wi11 be set forth in the Redevelopment Agreement) • Traffic l�hts and sidewalks • Storm sewers and storm water system elements (ponds, pipes, infiltration system) both on and off site • Underground utilities Site Improvements: �eSubiecY to reimbursement as E1i�ible Costs vvithin the limitations set forth herein, the Redeveloper wi11 construct and pay for a11 site improvements, including: • Building demolition + Environmental remediation f Site clearance . Landscaping and screening according to City-approved landscape plans . Trails and other pedestrian improvements pursuant to City- approved site plans (if such improvements are privately owned; if public, they wi11 be heated as Public Improvements) � Grading and importlexport of soil in accordance with Ciiy- approved grading plans � Retaining wa11s and fences f Private streets, including curb and gutter • Park improvements, accordin tg o any C1 . requirements Minimum Improvements: The Redeveloper wi11 construct or cause to be coi�structed the following Minimum Improvements to the Redevelopment Property as shown on the Concept Plan. ■ Approx. 150,000 sq. ft. big box anchor retail (expected to be a wholesale or retail general merchandise facility whose merchandising concept is based upon a relatively limited number of stock keeping units SKUs over a large number of pTOC�uCtS� ;�c;(�t�,'�f+S"4ri�•�[,�E'fF};i+��i4�r�rl rt)•�'f'Y�,'•,C'.� ti•.,k�C�� * Approx. 80,000 sq. ft. junior anchor retail * Approx. 180,000 sq. ft. corporate office * Approx. 45,000 sq. ft. office * Approx. 70,000 sq. ft. multitenant retail * Approx. 25,000 sq. ft. restaurant * Approx. 240 units lofts with individual garages + Approx. 240 units senior condominiums with underground and surface parking • Approx. 142 units new urban townhomes with individual garages + Approx. 82 units gable townhomes with individual garages � Approx. 26 units urban row townhomes � The product mix and numbers of square feet and housing units shown above are estimates and subject to change as necessary to comply with City Council or Planning Commission requirements, the approved Development Response Action P1an ("DRAP"} or if one or more parcels of the Redevelopment Property cannot be acquired by eminent domain. Phasing: Areas 1(East), 2. 3 and 4: S�biect to weather and other force maieure events, Public Improvements and Site Improvements wi11 begin within 3-�.8ap�roximately 60 days after receipt of a11 �inal approvals, expiration of any appeal period related to creation of the TIF District or any eminent domain proceeding, acquisition of a11 parcels and issuance of building permits, and sha11 be completed within 12 ���mt�i i Il i� thereafter. Construction of Minimum Improvements sha11 begin within 30 days of completion of Public and Site Improvements. The Redevelo�ment Agreement sha11 s�ecifv the phasing for construction of the Minimum Improven�ents. fLinkage of housing to commercial con�truction-te: No certi�icate of 47��: i ��ar c}- wi11 be issued for a..ny commercial until at least 60 housing �units are completed or under �'�s�s�i��}construction. Area 1 (West): If market conditions do not permit commencement of construction of at least 180,000 sq. �t of corporate office within three (3) years of creation of the TIF District, the �'��w� +���1 T��tTrurF����+ ti�+�l-� �rc� �xRedevelopment Agreement sha11 specify the quantity, type and timing of housing to be built on that site. Non-of�ice commercial wi11 not be an acce�table use for the site. ;1r�<a �; Construction of Minimum Improvements sha11 commence within 3(three�,vears of the commencement of construction of the ht���.� �77� Minimum Improvements in Areas 1(�ast), 2, 3 and 4. .� � • 4 • ..T 4• !� CCS �S: ��f}l�,4�%�Ffi t3�rr�� i Subiect to the concept of economic feasibility discussed above, construction of Minimum Improvements sha11 commence within 5(five) years of the commencement of construction of the housing Minimum Improvements in Areas 1 l�:{s:.i. 2, 3 and 4. Quality of Minimum Improvements: The Redeveloper will not be required to execute assessment agreements. To ensure quality of the Minimum Improvements, the Redeveloper will provide the City with a description of the housing products or other Minimum Improvements to be constructed and specifications of construction materials, fixtures and available upgrades. Both parties acknowledge that it is in their mutual interest to maximize land sales proceeds and the value of the completed Minimum Improvements. The City will have the right to decline to approve the Minimum Improvements if +i+�hr �'�[ 4' �:� N3�i�aart c� i�:� rE��3� i l appears 15� L�,� CitY--that the total market value of the Minimum Improvements will nc7- 6� , � least 90% �ti ����t��'the total market value projected in the Redeveloper's pro foi-rna-��ii��css. The City will not rej eci the Minimum Improvements if the Redeveloper �r t�itt�+�t�l�m���rs� i n;.�� to the City's reasonable satisfaction that the market will not support the product set forth in the Redeveloper's pro forma. Capitalized Interest: Capitalized interest during the construction period and costs of issuance of any City public improvement or special assessment bonds and TI Revenue Bonds will be tax increment eligible expenses. Gran�s, Responsible Parties: The Redeveloper and City will cooperate and use their best efforts to recover costs of environmental remediation from responsible parties and +� �'�+�~�~ �ry�°�+���°will also seek �nrants from the State of Minnesota, Metropolitan Council, DEED or other available public funds. Subject to reimbursement as Eli�ible Costs within the limitations set forth herein. the Redeveloper will advance costs that were expected to be defrayed bv grants that are not received. Government Approvals: The Redeveloper and City will cooperate and use their best efforts to obtain all necessary government approvals. Pez-�nits/Fees: The Redeveloper will comply with all applicable City building codes and construction requirements. The Redeveloper will pay normal permit, plan review, utility access and park dedication fees and will be responsible for obtaining all building, plumbing, electrical and mechanical permits prior to construction. City fees (infrastructure, impact, permits, other) are set forth on Exhibit C. Zoning and Land Use Approvals/Easements Normal and customary site and building plan review requirements will be followed. The Redeveloper will pay for rezoning, subdivision, platting, plat amendment, PUD and preparation of restrictive covenants, easements, reciprocal easements, and any other documentation necessary for the consta-�.�etion and sale of the i� Minimum Improvements. The Redeveloper will be responsible for obtaining all land use and zoning approvals. {Special Assessments: The Red�velopment A�reerr�ent will specifv the amount and ��r�iL7+��.� ���7L',w4 , if anv, of special assessments to be levied against the Redevelopment Property �,� �au��,- r• � �iV}� a�;r-��n it�rr�� ill �titiM �-!�� n ��Li? 7,'�-'-r�i'.�'-'.'r'c.-r'.is� 5liz�kt����� Park Dedication Feel Public Open Space Contrib Business Subsidy Act: f�•l�rr�4�'61.Mtirf1��FT=�. level, amount and distribution of �ark dedication fees associated with the Pro�ect will be substantiallv in conformance with Rosevilie Citv Code Sec. ll03.07 and will be set forth in the Redevelopment A�reement. Except for reporting requirements, the Project is exempt from the application of the Business Subsidy Act. Relocation of Tenants: The Redeveloper will provide relocation services and benefits for all eligible tenants of the Redevelopment Property. The Redeveloper may, in lieu of funding such services and benefits for a tenant, provide a written waiver by that tenant. Such waiver must be in a form acceptable to the City. The Redeveloper will indemnify the City for any relocation liabilities arising under applicable law with respect to any portion of the Redevelopment Property. Prohibition on Tax Exemption:4nce acquired by the Redeveloper, the Redevelopment Property and Minimum Improvements will not become exempt from ad valorem property taxes until teimination of the TIF District. This covenant will be contained in a declaration of restrictive covenants to be signed by the Redeveloper and recorded against the Redevelopment Property. Effect of Term Sheet: This Term Sheet outlines the terms under which the parties are willing to enter into a Redevelopment Agreement, but does not constitute an offer or acceptance on either party's part. All rights and obligations with respect to the Redevelopment Property will only be as provided for in a Redevelopment Agreement approved by the City Council and the Redeveloper. �: ,�.�, �.- ti•�•rti�SL�'I_�' ! °.�.�� r�t.l ,yl R- �'aD�— �� Redevelopment Propertv — Parcel List EXHIBIT A Owned bv or Under PIN Parcel Address Contract I. I_] _�}u_�c, i��,�J�liil� Cu. _ rJ�+-�9-?�.�� 3]CWJ1 �RI; C�1�4zl�niJ r���� T�J _ • I -a ]:�u� � ���ldi i7g �'�. �1-��•�3 •3?�]CF�]� �8 I � �'I���� I �r�d A�r�e N • � I�� r107� F�UIl�LII1�C'�o. ���9���-32�][FL]3 €�$ l� L'1�4�cLand Iti��� �I + � -�-- � -�# � ' l� �ti;��� Prop�r�,�� �r�v�srm�c � ' +r�-��.�3-.32-�J[i�lts r �� � "r,unr�� 2�� C: �' 1�' - I -� f hGkc,a.ck � �'1 aii� iriCil� T.l. �' , � � �� �� -�?�]CE{]� T�T��um I� i� t I�+� � � * � . — � � .-�-• � - -- � � ._ . .. - - �-1 r'�'s ���;rn:i i7��1 �:u. ! �1-�5�-� � •3��0[� L � � �lotis�� f# i �I�� Rd �� i �-�a ris J��rrr:i i7�� !n� � �.�2�-�� �3•3 dl�l]� ���f} Pz�or .�we Cd • �I� 1y iic 7�rrrti� n�l Ln� �i�� ��- t;.,�d�ll�ifl I Pi i�r A��c � ■ —• I-. . �-*� l�ik..� r in�l �U_ . . I ��•?�•.'-;-�I -�l[�l5 ' ��.?4��e �' ■ _ ��� _fyi� ����r�l'-i�7:� 4 �.. _ i�i =���?3 �s3-{]C�]7 ���s�nl 1�i:1�� l�:i _ • . 3-1 � Old Dominion 3-2 � Xtra Lease Inc. 4-1 I Franklin Bancorp, Inc. �, � Roseville Properties Line Inc. 04-29-23-33-0001 2750 Cleveland Ave N 04-29-23-33-0002 2700 Cleveland Ave N 4-3 � Roseville Properties 4-4 Roseville Pro erties 4-5 Roseviile Acquisitions LLC 5-1 � Hagen Ventures LLC 8-1 MN Industrial Venture LLC 8-2 MN Industrial Venture LLC 8-3 Citv of Roscv�lle 04-29-23-33-0004 2650 Cleveland Ave N �?.;_��.��, ;��r� fj� 2660 Cleveland Ave N I nn. n n r r. , n .. �.- 04-29-23-33-0010 � 2001 County Rd C W 04-29-23-33-0003 � 2690 Cleveland Ave N 04-29-23-33-0011 � 1947 Countv Rd C W ' (dy-�'�'-y ;='k F�l�r4� � �'�� i I�ni���i� 1} �wL � 04-29-23-31-0017 f14-29-23-31-0018 04-29-23 -31-0020 m 2825 Fairview Ave N . � � � " I �' � lwill be attached to final Term SheetJ � Site Plan I? EXHIBIT B [will be attached to final Terrn Sheet�] City Fees l� EXHIBIT C KRASS MONROE, P.A. A T T 0 R N E Y S A T L A W James R. Casserly, Esq. Ernail, jamesc@krassn2onroe. com Voice Mail (952) 885-1296 MEMORANDUM � To: City of Roseville Attn: Neal Beets, City Manager From: James R Casserly, Esq. Date: Apri121,2005 Re: Explanation of Authorization of Fees for Twin Lakes Redevelopment Project; Rottlund Reimbursement Our File No. 9987-17 The form of resolution we have provided you for the April 25 Council meeting includes a second authorization for payment of our fees. The first authorization occurred at � the March 14 Council meeting. , This memorandum provide you with an explanation of how these two authorizations can be reconciled to the total fees set forth in our fee memorandum to the City of January 27, 2005. A chart follows of the amount of these fees that will be reimbursed by Rottlund pursuant to the Contract for Exclusive Negotiations. 8000 NORMAN CENTER DRIVE • SUITE 1000 • BLOOMINGTON, MINNESOTA 5543i-1171 TELEPHONE 952188�5999• FACSIMILE 9521885-5969 www.krassmonroe.com The chart below summarizes the categories of fees shown in the January 27 memorandum and whether they were authorized at the March 14 meeting or are expected to be authorized at the April 25 meeting: Fee cate�or,y listed in 1/27/OS fee memorandum 1. Financial analvsis: • Completion of Term Sheet • Completion of Redevelopment Contract Portion � _ Portion expected to . Amount 317t�L01'I'�E��� ri Il �ll' SLIiniM13'!.L'1� of Fee 1 3r f4�17� � on 4�25105 $ 5,000 7,500 .i .. � �. Legal work: - .- __� -� • Completi�n of Term Sheet 1 12.500 E'uirtpt�tio�� �ti� Kc���elc�{��nerst�`c�r�tra�l 3. Legal work for TIF district analysis and creation: • Review options for TIF district • Modification to or establishment of new P��'n • Creation of initial TIF ��i��ri�i i�s� and subdistrict(s) • Review blight findings, analyze TOTALS � Page 2 27,Si1�1 7,500 1 C+,+]C�C� 10,000 5,000 $ 5,000 7,500 ; � 5 1't,�i �i 27,51�1� .'_ `U'w _ � � ri.c.iral; 10,000 5,000 $85,000 �� �40,000 � $45,000 i F � The following chart shows how much of the above amounts plus the cost of the LHB blight analysis has been or will be reimbursed by Rottlund pursuant to Section 13 of the Contract for Exclusive Negotiations: Cost Completion of Redevelopment Contract (includes fees from categories 1. and 2. above) � Creation of TIF Distri�t; �•�M fees i����,, category 3 abover _• LHB blight analysis Total Cost 52,500 .�� _ �2,500 18,000 City I Rottl€��,d � Portion Po�'tion� > 2,500 $ 50,000 � �-- � —�— 16,250 16,250 9,000 9,000 TOTALS ,.._ . _ _ ,. ... ._.. _. � $103,000 G 1WPDATAIF�IROS�VILL�1971CORIBE�T5 C�C,OI.DOC 27,750 � $75,250 Per Section 13 of the Contract for Exclusive Negotiations, Rottlui�d pays 50% of the costs of creating the '��� District (including blight analysis) up to a maximum of $25,000 and 100% of costs of preparing the Redevelopment Agreement (which includes the Term Sheet) up to a maximum of $50,0(}0. * Page 3 � � Department Approval: Item Description: REQUEST FOR COUNCIL ACTION I1 DATE: 04/25/OS ITEM NO: 8 Agenda Section: new Roseville Tax Increment District #17 and Modification of Roseville Development District No. 1 (PF3595 TIF District) 1.� REQUESTED COUNCIL ACTION: 1 �1 By Resolution, set a public hearing date for June 20,2005 considering the modification of the development program for Roseville Development District No. 1, the Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1, 10, 11, 12, 13 and 16, the creation of Tax Increment Financing District No. 17 and the adoption of a tax increment financing plan relating to TIF District No. 17. �,fl ?.L BACKGROUND: The attached proposed chronology outlined the steps and procedures necessary for the creation of a new TIF District No. 17 relating to the Twin Lal{es, Phase I project as proposed by Rottlund Companies. �.. �. The steps include the decertification of parcels within the existing Tax Increment District No. 11 and Hazardous Substance District No. 11A. There are a total of 21 parcels proposed to be included in the new TIF` District No. 17. Of those parcels, all are within TIF District N'o.1 I and 2 are within Hazardous Substance District No. 11 A as outlined in the attached parcel list. ?. � As part of this process and due to the decertification of parcels within an existing district and the creation of a new district, the existing Development Program for Roseville's Development District No. 1 as well as the specific Financing Plans for all existing districts, must be modified. Roseville's Development District No. 1("Project Area") includes the entire City of Roseville boundaries. (Refer to attached Map). ?. � Due to the statutory notice requirements as outlined in the attached chronology, the public hearing must be set on April 25,2004 to meet the June 20,2005 deadline per the dates outlined in the exclusive negotiation contract with Rottlund Companies. }.� If the Council chooses to delay the setting of the public hearing date, all other scheduled dates must also be modified. �'.� A draft TIF Plan is being preparedby Krass Monroe's office and will be available for Council review no later than the April 22,2004 packet delivery date. This TIF Plan as proposed and modified by the Council must be forwarded to Ramsey County and Mounds View School District two days after the Council sets the public hearing to enable them adequate review time prior to the public hearing date. �.0 SUGGESTED COUNCIL ACTION: a. ] Review the draft TIF Plan and provide staff and Krass Monroe with questions and suggested modifications. This process does not approve the TIF Plan. The approval of the TIF Plan would be completed by the City Council after the public hearing date of June 20,2005. ?� By Resolution, set the pu�lic hearing date for June 20,2005 at 6;pp p.m. to consider the modificationof the development program for Roseville Development DistrictNo. 1, the Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1, 10, 11, 12, 13 and 16, the creation of Tax Increment F'inaincing �z��'ict No. 17 and the adoption of a tax increment financing plan relating to TIF District No. 17. Report Prepared by: Dennis Welsch, Community Deveioprnent Directar (651-792-7071) Cathy Bennett, Eco�lo�nic Development Specialist (651-792-7072) Attachments: Proposed Chronology, Draft Resolution, Draft TIF Plan, Maps '��J'].��1}�Jhl'� ,�F�G i�1NR+IC,P"tlL�!7alL�lid_FI]E5'J55C+�35�3535�5_kuluWid-f,km_I.ilct;_Phaa_ItilIF��,uiG�Jk�"rx- p?t5�1S 'fIFD�UtiqU-035U5} �7C � CITY O F ROSEV(LL.E Phase I(Areas 1-5, 8) Parcel List Parcel No. PropertyOwner 1-1 Dorso B€aildir� Co. 1-2 Dorso Buildin Co. 1-3 Dorso Buildin Co. 9-4 United Pro erties 1-5 Pikovsky Management LLC 2-2b Pik Terminal Inc. 2-2c Pik Terminal Co. 2-3 Pik Terminal Co. 3-1 I��I Dominion Freiaht Line Inc. 4-� I Franklin Banco 4-3 Roseville Pro erties 4� RosevilleAc� 3 4-5 RosevilleA LLC 5-1 Na en Ventures LLC `�.+J I Mh I nd�.� 1r'�n'.ure �- --. .. 8-3 I Citv of Roseville � Page 1 currentiy in: TIF subd. PIN Parcel Address 11 14A 04-29-23-32-0001 2814 N Cleveland Ave ■ 04-29-23-32-0002 2814 N Cleveland Ave •• 04-29-23-32-0003 2814 N Cleveland Ave ■ 04-29-23-32-0008 1984 Count Rd C2 W ■ 04-29-23-32-0007 Mount Rid e Rd ■ 04-29-23-32-0012 Mount Ridge Rd ■ 04-29-23-34-0002 2690 Prior Ave N ■ 'i����3-�4-��r�i ' f�rir� �v� �] F - 04-2933-31-0015 Prior Ave N ■ 04-29-23-33-0007 Mount Ridge Rd ■ 04-29-23-33-0001 2750 Cleveland Ave N • 04-29-23-33-0002 � 2700 Cleveland Ave N � • � 04-29-23-33-0004 2650 Cleveland Ave N • 2660 Cleveland Ave N / • 2019-2035 County Rd 04-29-23-33-0009 C W 04-29-23-33-0010 2001 Count Rd C W ■ 04-29-23-33-0003 2690 Cleveland Ave N ■ 04-29-23-33-0011 1947 Coun Rd C W ■ 04-29-23-31-0019 � 2785 ������w Ave N • • �?4 •2�-2? :�1 • ��1'r �8�a F�ir���w rti.� N * � 04-29-23-31-0018 � 2805 Fairview Ave N I • � 04-29-23-31-0020 � Unassianed . . ci�r oF RosEV���� PROPOSEDCHRONOLOGY DECERTIFICATION OF PARCELS IN TIF DISTRICT NO. 11 DECERTIFICATION OF PARCELS IN HAZARDOUS CONDITION SUBDISTRICT NO. 1'fA CREATION OF TIF DISTRICT NO. 17 MONDAY, APRIL 25,2005 WEDNESDAY, APRIL 27,2005 TUESDAY, MAY 3,2005 THURSDAY, MAY 19,2005 WEDNESDAY, JUNE 1,2005 SATURDAY, JUNE 4,2005 MONDAY, JUNE 20,2005 �� COUNCIL MEETING (i) adopt resolution calling for a public hearing NOTICE AND TIF PLAN PROVIDED TO RAMSEY COUNTY BOARD (county road improvement) NOTICE AND TIF PLAN PROVIDED TQ RAMSEY COUNTY COMMISSIONER (not less than 30 days prior to publication of Notice of Public Hearing) NOTICE AND TIF PLAN PROVIDED TO RAMSEY COUNTY AND SCHOOL DISTRICT NO. 621 (not less than 30 days prior to public hearing) NOTICE OF PUBLIC HEARING DELIVERED TO NEWSPAPER NOTICE OF PUBLIC HEARING PUBLISHED (not less than 10 days nor more than 30 days prior to public hearing) COUNCIL MEETINGIPUBLIG HEARING (i) review and approve modifications to the Development Program and existing T[F Plans; (ii) decertify portions of TIF District No. 11; (iii) decertify portions of Hazardous Conditions Subdistrict Na ��A; (iv) adopt new TIF Plan; (v) create TIF. District No. 17 EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF ROSEVILLE Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Roseville, County of Ramsey, Minnesota, was held on the 25th day of April, at 6:00 p.m. The following members were present: Council Member introduced the following resolution and moved its adoption RESOLUTION NO. A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE MODIFICATION OF THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. l, MODIFICATION OF THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NOS. 1, 10, 11, 12, 13 AND 16, CREATION OF TAX INCREMENT FINANCING DISTRICT NO. 17 AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN RELATING THERETO, CREATION OF HAZARDOUS SUBSTANCE SUBDISTRICT NO. 17A AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN RELATING THERETO. BE IT RESOLVED by the City Council (the "Council") of the City of Roseville, Minnesota (the "City"), as follows: Section 1. Public Hearin�. 1.01. The Council shall meet on Monday, June 20, 2005, commencing at 6:30 o'clock p.m., or shortly thereafter, at City Hall, 2660 Civic Center Drive, Roseville, Minnesota, 55113, to hold a public hearing on the following matters: (i) modification of the Development Program for Development District No. 1(the "Project Area") to reflect increased project costs and increased bonding authority within the Project Area; (ii} modification of the Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1, 10, 11, 12, 13, and 16 to reflect increased project costs and increased bonding authority within the Project Area; (iii) creation of Tax Increment Financing District No. 17 (the "Tax Increment District") and the adoption of a Tax Increment Financing Plan relating thereto; and, (iv) creation of Hazardous Substance Subdistrict No. 17A and the adoption of a Tax Increment Financing Plan relating thereto, all pursuant to Minnesota Statutes, Sections 469.001 to 469.047, 469.048 to 469.068, 469.082, 469.124 to 469.134 and 469.174 to 469.1'�99, inclusive. Section 2. Notice of Hearing Filing of Plans. 2.01. The City Clerk is authorized and directed to cause notice of the public hearing to be published as required by law, to place a copy of the modified Development Program and proposed Tax Increment Financing Plan (collectively, the "Plans") on file in the office of the City Clerk and to make such Plans available for inspection by the public. Adoptedby the Council of the City this day of ,2005. The motion for the adoption of the foregoing resolution was duly seconded by City Council Member and upon vote being taken thereon, the following voted in favor: and the following voted against: WHEREUPON said resolution was declared duly passed and adopted. � � � � r� �k .� � L,L i � � �� r� � � � � � � � � � � � � � .� � ' I� -' I ��7 � — ss - .� �;� . — --� yl � ; ��� � �� —J � .. iF PL � X � � �-1 �,�ysr � � x � � e � � � � : , I -- �—�-�— � � � I' -�� .�� � 1 ' •L C S 1 u _:. � 'r. I �.. � �� . � . �� � I 2�" r � ��, �`�R� �� �a i f� E{�d � , ... . . fAi� ��i����f � � � i,'��•i! :=����}�j� I . I i`d C ; c �� ��i j� i �ia� I '��'� �� �l � �j � _ �i �ii��� � r. , � � p�I��- u € :i •i �" F � a� � � ,�r3��4�t � � � ' `� i ��pr � 4� ��� FF Ei �� k ^I �'I � i i i �i � � i �I I II I R� a`' l � e � ti �� { �� � '�� ���F�� �rr,ar k � � � � i � � �''� �� � ������ I - 1� � I E�y_4 'I� � � ���}9� i � ' I� 9 � ��� ��. li �,uawetirA�JEy C � � -J , � i=_ � — -�J- � -� � �_ C� . al ,;.� � � ..,; .�ry � :�� � I i } �r � i --C� I � �i � � � I � � g � x�p -J ' � _ �� � � � � � � � 'i 3 �� � � � �, � �, � � � d ' � _'� �� � � _�-- . F- �� - — .. . } o-� � Fayr . . . ���Xd,�YiR... • ., '�� LL . . -•f �i� G � � � . ^•;� r M1 � ,f� �j r. � ' . � � --� • r.',�� _, f �,x�� � ��,' S . �I N.ti� I 4 • }"�� � �•���r �� � • .. •�� Fr'} Y Y .- . � f�� -S;• - - . � ��� •��� - ".---��-� r � �•• � �� � -'�� - - - � - � �. � • .Yv•� � _�.- -+ - y � � . � '• . ..•�r t �� .- .. .. ......��.�.� ���.:. . �� . . ���` . . . .� . . .. . _ _ .. . . � - � ���� � �� .... _ .,� � . � � �� � 1 .�. . �:. � . � PLEASE ADD THE ATTACHED DOCUMENT AFTER INDEX TAB #� IN YOUR CITY COUNCIL PACKET BOOK. ��~_��_ ��� F � ��.�� ��� . -- � ti '"M1 M1 r �, �+ � ��-�J�' �� , �� j � r. � � � � - � r,� � ��t.�C-t� � �f4'� }� , "`��� �� �'�"�- �,'7 � � �f� �� � DRAFT TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 17 JUNE 20,2005 A. �t�+�r„�r,l �wf �'�r:fti�s_ See of the Development Program. � �� . �•�.-� � , -- �_ The boundaries of Tax Increment Financing District No. 17 (the "TIF District") are descnbed on ExhibitA and illustrated on Exhibit B. D, ��r�r•�fs �r� �r:r;u�si��r�, The City may write down or acquire and reconvey real property, or interests therein, within this TIF District or eisewhere within the Project Area at the time or times as the City may determine to be necessary or desirable to assist or implement development or redevelopment within the Project Area or the TIF District. The City may acquire any of the parcels described on Exhibit � by gift, dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of the Development Program or the TIF District. E_ d��r�lr,nr,i�r�l A�tt�Ct� f�r whi�h Cr�rrEr,ar.t� h��a h��r� ��r��r]_ As of the date of adoption of the Tax Increment Financing Plan (the "TIF Plan") the City intendsto enter into a Development Agreement with The Rottlund Company, Inc., or other redevelopment entity comprise� of Rottlund and co-redevelopers for the activities listed below. �n�r.Ffic- C}�,�Pl�r�rnPnC �x��r:t�i f�, [7�r��r, At this time it is anticipated that redev�fopir�ent activities within the TIF Districtwill include the construction of the F�11�1+fi11�; Upon completion of all phases of the redevelopment, which is anticipated to occur over a four to five year penod, the City will realize the addition of approximately 240 lofts, 240 senior condominiums, 142 new urban townhomes, 82 gable townhomes, 26 urban row townhomes, 151,800 square feet of big box anchor retail, 81,000 square feet of junior anchor retail, 46,150 square feet of office above these retail areas, 180,000 square feet of corporate office space. 72,563 square feet of additional retail, and 26,200 square feet of restaurant space, with a total estimated market value of $212,376,245. �, Pr�nr Plan��cf frnrrlt'r��m�irlt�, The City shall, afler due and diligent search, accompany its request for certification to the County Auditor with a listing of all properties within the TIF District for which building permits have been issued dunng the eighteen (18) months immediately preceding approval of the TIF Plan by the City. DRAFT The County Auditor shall increase the original tax capacity of the TI� District by the tax capacity of each improvement for which the building permit was issued. If said listing does not accompany the aforementioned request or notice, the absence of such listing shall indicate to the County Auditor that no building permits were issued in the eighteen (18) months prior to the City's approval of the TIF Plan. H, �,e]_ �i�� Ei�. The City hereby elects the method of tax increment computation set forth in Minnesota Statutes, Section 469.177, Subdivision 3, clause (b) when commereiallindustr�al development occurs within the TIF District. This election provides for the fiscal disparity contribution to be taken from within the TIF District. I_ ��f���+��] P���,��r €rnnro��mr�nt C��_ The estimated public improvement costs associated with this TIF District are listed in Exhibit C. F�timat�cf Amoun� of �3anded lr��iebtedness. It is anticipated that approximately $30.0 million of bonded indebtedness may be incurred that is secured in whole, or in part, by the tax increment from this TIF District. �. �n��r�� of Revenue. Anticipated revenue sources to assist in the financing of the public improvement costs pursuant to Exhibit C include (1) general obligation and/or revenue tax increment obligations with interest; (2) direct use of tax increments; (3) borrowing of available funds, including without limitation ir�#erest- bearing City short-term or long-term loans; (4) interfund loans or advances; (5) interfund transfers, both in and out; (6) land sale or lease proceeds; (7) levies; • (8) grants from any public or private source; (9) developer payments; (10) loan repayments or other advances originally made with tax increments as permitted by Minnesota Statutes; and (11) any other revenue source derived from the City's activities within the Project Area as required to finance the costs as set forth i n Exhibit C. L. F�tirnat�ri f}riQer�a�l z���J {`ar�l�r��] Tax ��r.�rr.if��, The tax capacity of alltaxable property in the TIF District, as most recently certified by the Commissioner of Revenue of the State of Minnesota on January 2, 2005, is estimated to be $477, � 7'� . The captured tax capacity of the TIF District upon completion of all the proposed improvementson January2,2010 is estimated to be $2,171,599. M, � oca! Tax Rat�_ The pay 2005 local tax rate is 1.02078. The Tax Increment Act requires the certification of an original local tax rate for the duration of a tax increment district. For tax increment districts certified after June 30th the effective local tax rate is the local tax rate for the subsequent tax year. At this � DRAFT time the 2006 local tax rate is not known but upon its availability it will be certified as the original local tax rate forthe TIF District. N. Tax �r��r�,m�rYf_ calculated at improvements. has also been Exhibit C. Annual tax increment generated from the TIF District has been approximately $2,216,725 upon initial completion of all the This estimate is provided on the attached Exhibit D. Revenue projected for the duration of the TIF District and is shown on �_ T�n� of TIF ❑i�trir,t. The TIF District is, pursuant to Minnesota Statutes, Section 469.174, Subdivision 10, a redevelopment district. �, f��tr�aE��,�, nE T1F �i . The duration of the TIF District is expected to be twen�y- five (25) years from receipt of the first tax increment. The date of receipt of the first tax increment is estimated to be July, 2008. Thus, it is estimated that the TIF District, including any modifications for subsequent phases or other changes, would terminate in the year 2032. However, if a partial tax increment payment is received in July, 2007, the TIF District would terminate in the year 2031. �_ E�t��,�tpr] I�,�Ari �r, �Ef,�r ���i� .��„�q�li�����, The estimated impact on other taxing jurisdictions assumes construction would have occurred without the creation of the TIF Distnct. If the construction is a result of tax increment financing, the impact is $0 to other entities. Notwithstanding the fact that the fiscal impact on the other taxing jurisdictions is $0 due to the fact that the financing would not have occurred without the assistance of the City, Exhibit E reflects the estimated impact of the TIF District if the "but for" test were not met. Attached as Exhibit F is the "but for" analysis. k�, Modifi�at�c�n of Tax fncr�m�nf �n�:��ir�� ai�RrfeE �r,d��r Tax �n�r�rn�nt �na�nr�lr�� P�, As of June 20, 2005 no modifications to the TIF District or the TIF Plan therefore have been made, said date being the date of initial approval and adoption thereof by the City. V: ti,XF�J��1kj�L�RUtl�FhL��l{aSrsYYt'F� �I�hM 1T CV� � 04-29-23-32-0001 04-29-23-32-0002 04-29-23-32-0003 04-29-23-32-0008 04-29-23-32-0007 04-29-23-32-0012 04-29-23-34-0002 � EXHIBITA PARCELS TO BE INCLUDED �E�E� 04-29-23-34-0001 04-29-23-31-0015 04-29-23-33-0007 04-29-23-33-0001 04-29-23-33-0002 04-29-23-33-0004 04-29-23-33-0009 DRAFT. 04-29-23-33-0010 04-29-23-33-0003 04-29-23-33-0011 04-29-23-31-0019 04-29-23-31-0017 04-29-23-31-0018 04-29-23-31-0020 and all adjacent streets, easements and rights-of-way � � � � .� �� ■� � � � � � - .� � � � � � � � � � � � � � ��� a �� i �� q { ,i �� � '_ � �� �;t:;y;i �,,�;�,� rI;�I�:F i��Gif;: ,��� �': ��r ���� � , �;�!1�fr I��, ;r ;�;��, , ,. ii�l�fii ;����Li;l ���I�-��f j�i�,;��i , � {?Ijl�i'I - . ;,{i;�, G ��'.!il�ll � ..��� �� �; � 3�� �� 5 �� � ��� � -, � ��i�;�� �� � �� ��� �l:l E J � � � a W � M1 M1 � � � �q {a I.S �; ,�� , ��� � .� ��� aa� �� a . � Source of Funds Tax IncrementRevenue Investment Earnings Bond Proceeds Loan Proceeds Special Assessments 5afieslLease Proceeds Loan/Advance Repayments Grants Other Transfers I n Total Source c�' Funds Use of Funds Landlbuilding acquisition Site Improvementslpreparationcosts Installation of public utilities Public �'a�'�Cin� facilities Streets and sidewalks Public park facilities Social, recreational or conferencefacilit�es Interestreduction payments Bond principal payments Bond interestpayments Loan principal payments Loanlrtote interest payments Administrative costs Other Transfers out Total Use of Funds EXHIBIT C TIF No. 17 TIF No. 17A Cumulative Modified e�,d�{ � ��.LlLf71�7.14.I1J �,�IEI �5,�4�,000 Hazardous Substance Subdistrict S ���0�,��� ���,000 ����0.00� � -7� T� � 82,��,0� �� �0�� �9,�,00� �.�00.�4� B,�Ob,�U �, O�D,� 4_Q4�,�Q � � o�, �o�,� � � �, �2z,��� � � ��, �z�,o�� � � ��7�,�{]� � 3, O�,DO� � � �4D� �0� 3,6�?,�❑ ��,�,� ��},�SE?,0� �3� ��0.� 3,�Of?,E?�0 �>�� �� ���.�U �,;3�5,�4 �,�4�,{l� 61 ��{� � 1 �,��0,�� 1�,���,� ���OO.QDO �,80�,�} �,9�,� �����,� 2d,�,�OQ �.t t4,�C10 � yQ�,���,�Q� � 17F��,�� $ t�,������ � � 4 TI F budget - TI F#� 7.xls �l�OC� DRAFT Twin Lak�s 19c-TIF P1�11+1# Prepared by Krass h9onros, P.A 4ltel20Q5 � f EXHIBIT D-2 � � � � � . � _ ... — � - - ' � ...... .�..� - 1T-} _ �.• �Xay_,qt11�'r�,qL _ i�i �Ci'- - . r� .. 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PA. ��6 EXHIBIT E ESTIMATED IMPACT OF TAX INCREMENT FINANCING DISTR�CT NO. 17 ENTITY City of Roseville County of Ramsey ISD # 629 ENTITY City of Roseville County of Ramsey ISD#621 Other TAX BASE 37,211,018 372,289,367 7�,841,477 I M PACT ON TAX BASE ORIGINAL ESTIMATED CAPTURED TAX TAX TAX CAPACIN CAPACITY CAPACITY'* 477,171 2,648,770 2,171,599 477,171 2,648,770 2;171,599 477,171 2,648,770 2,179,595 I M PACT ON TAX RATE TAX % OF TAX TAX RATE RATE TOTAL INCREMENT INCREASE 0.24516 24.02% 532,389 1.519% 0.49210 ' 48.21 % 1,068,644 0.289% 0.22112 21.66% 480,184 0.699% 0.06240 6.11 % 135,508 1.02078 ! 100.00% 2,216,725 ��:7_1 a 1 DISTRICT AS % OF TOTAL 5.836% 0.583% 3.065% ' Assumes constructionwould have occurred without the creation of a Tax Increment Financing District. If construction is a result of Tax Increment Financing, the impact is $�. **Assumes fiscal disparities is taken from inside the TI F District. � � EXHIBIT F "BUT FOR" ANALYSIS ■ � � � DRAFT � � Combined Admin Fees (J) and Available for Project Expenses (K} � T��cin� J��I�di�tior�a — . . .. .._iCit�r �f F����W�li� � ou r�ty of Ram�e� S�h�ol Dis�'i�k ICrther � . T�tal I 06/01/05 6.50% Gross Present Amount Value T�.�?,8�� I �,���,97 f � - 3�.9�1 �8� , 7�,33�,3�� . I_15 1��_��8 . � 893.0�� _ . �.���_�� � Ei�� �i$� . �..- �, ---- I --------- - T�,��,S�d4 �8 3�� �3� rce ��, 7� �D. fi°�a ��.8°�a — �. 8'�6 7 OU �°�6 Twin Lakes 18g - Dist of Taxes PV.xis �������� �I 4.�KE� iRfQEYELVRA1fi14T�liE� _._ aEVEtaP�HENF 1�REA5 1-Fr d E aISfRIQ�T14Fi �F �r4�S� �_. I f+}I. . . ��I �, � {j� {k� � i m' �4wdl�6ir i �nouM ��_ Toial . � I . J4ddltlonal . 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Department Approval: Manager Approved: Agenda Section: ��'''� �� i ��,�.� ��� �t�t�f�c:p��t� Item Description: Discussion on Amending the City's Utility Fee Discount Program Background City Staff was recently contacted by representatives of the Applewood Pointe Senior Cooperative; an owner-occupied, multi-family housing building, inquiring about whether they would be eligible for the City's Utility Fee Discount Program. Currently, the Program is only offered to single-family homeowners. Representatives from Applewood Pointe have asked the City Council to consider revising the Program to allow eligibility for seniors in multi-family settings. The City's Utility Fee Discount Program has been in existence since April 27, 1970 when the City passed Ordinance #620. This ordinance is believed to have been created as a means of encouraging selected homeowners to abandon their private wells in favor of connecting to the municipal water system. It is presumed that at the time the cost of connecting to the municipal system would have been cost-prohibitive for many homeowners that were on a fixed or limited income. It is also presumed that City Officials determined that most of the homeowners in that economic category were most likely to be retired seniors. Beginning January 1, 2004 the City Council expanded the "Senior Discount" Program to include single-family homeowners that are at or below federal poverty guidelines. To qualify for the discount, single-family homeowners must meet the following eligibility requirements: ►� Owner and head of the household of a single-family home In addition, homeowners must meet one of the following requirements: � At or below the federal poverty threshold guidelines --- �R --- � Presently receiving retirement, survivors insurance, or disability insurance under the Social Security Act, 42 USC #301, as amended. :� Discussion Issues The immediate issue before the Council is whether to expand the Utility Fee Discount Program to inelud� owner-occupied, multi-familv housing. However, it's difficult to assess the issue without looking at the broader public policy implications of the Program itself, and whether other aspects warrant �`urther consideration. With any public assistance program, it's important to reflect upon why the program was created in the first place. In this particular case, the Program was created to achieve a desired outcome — mainly to encourage homeowners to connect to the municipal water system and to provide assistance for those that have limited financial means. Clearly the primary objective was achieved long ago. One might conclude that the only remaining objective is to provide assistance to those that have limited means. Public Policy Issues The issue of whether to expand the Discount Program has many public policy implications. In the interest of facilitating discussion, the following tall�ing points are submitted: 1) If the Program's original objective has been achieved (which appears to be the case), then what are the Program's ��rren� objectives? 2) The Program is a public assistance program — which are designed to redistribute financial resources to those will lesser financial means. Is this type of program suited for the municipal level or are their other forms of government that could do it better? 3) At an effective discount of $36 annually, does the Program make an economic difference? 4) Currently, Program recipients qualify on the "Honor" system. Aside from property ownership verification, there are no efforts to authenticate whether submitted information is accurate. Is this acceptable? Staff is prepared to facilitate a discussion on each of these policy issues. In an effort to provide the Council with greater background, supplemental information is presented below. Current Program Enrollees Currently, 20% of all single-family homeowners receive the discount. This amounts to approximately $85,000 in annual costs that are redistributed to those that do not receive the discount. Our records indicate that of the homes that receive the discount, 100% of them qualified under the "retiree" criteria. Expanding the Program to include owner-occupied multi-family housing units would increase the eligible housing units by approximately 1,000. Assuming that all eligible units took advantage of the Program, the annual costs that get redistributed could rise to a total of $120,000 annually. ,4. .�. 2000 Census Data As noted above, the Program was originally premised on providing an economic benefit to selected homeowners. During discussions on the Program in 2003, the Council received some statistics from the 2000 Census that summarized the general economic conditions of Roseville households. Based upon a 15% sample of households the data shows that: a) 4% of households have income L�el���- the poverty level (defined as $12,000 anYUally for a 2-person household). 19% of households have income below $25,000 annually. Statistical information regarding household expenses was not available b) 2% of households are currently receiving public assistance income. This could include federal, state, or local assistanceprograms c) 31 % of households are receiving Social Security Income at an average of $14,000 annually d) 21 % of households are receiving Retirement Income at an average of $22,000 annually The Census data suggests that approximately 20-30% of all households in Roseville are receiving some form of fixed income payments. Although not explicit in the data, it suggests that these same homes are receiving income from multiple sources, that when combined produces an average household income ranging from $14,000 — 36,000 annually. The Census data indicates that 2% of Roseville households are currently receiving public assistance income. It is feasible that a higher percentage of households are el� to receive assistance, but have chosen not to apply. Based on the Census data, that figure is not likely to be any higher than 4-5%. Request for Council Action The Council is asked to consider whether to amend the City's Discount Program to include owner-occupied, multi-family housing, aa�dlax by some other means that the Council deems appropriate. REQUEST FOR COUNCIL ACTION Date: 4/25/2005 Item No: 10. Department Approval: Manager Approved: Agenda Section: � .� � `-��� ����} Staff Reports Item Description: ConsiderNecessary Amendments to the 2004 Budget Background The City annually adopts budgets on the basis set forth by State Statute, and generally accepted accounting principles. Although the City adopts a single all-encompassing budget, additional measures are necessary to show that all expenditures within the General Fund and certain Special Purpose Funds are within budget appropriations, when presented in the annual financial statements. The legal level of budgetary control (i.�. the level at which expenditures may not legally exceed appropriations) has been established at the fund level, as opposed to line-item or individual programs. It is recognized that the City's Department Heads, under the approval of the City Manager, may make transfers of appropriations within the department. However, if the expenditures exceed the total fund budget, a budget amendment must be shown. It's worth noting, that these types of year-end adjustments are typical for local governments like Roseville given the size and scope of operations. Rather than make numerous budget adjustments throughout the year and incur the significant administrative costs of monitoring the budget on a daily basis, it is customary to reflect the changes in one all-encompassing adjustment. The year-end budget adjustments typically reflect reallocated or additional costs 11 s�it are covered bv unbud e�arants, fees, or other revenues. Budget Amendments The following budget amendment to the 2004 License Center Fund budget is submitted for consideration: a) $97,300 additional appropriation for salaries and benefits. The volume of customers served at the License Center was substantially higher than expected. This was primarily due to increased volume in auto dealer licensing and the issuance of passports, which required additional part-time staffing hours. The additional expenditures were covered by added revenues, which were approximately $150,000 higher than expected. The following budget amendment to the 2004 Lawful Gambling Fund budget is submitted for consideration: a) $4,500 additional appropriation for other charges. The City remitted higher-f�an- expected lawful gambling profits to the North Suburban Community Foundation in 2004. These monies are received by the City as "pass-through" monies and are eventually distributed to eligible community-based groups and individuals. The following budget amendment to the 2004 Information Technology Fund budget is submitted for consideration: a) $52,000 additional appropriation for salaries and benefits, other services and charges, and capital outlay. In 2004, The City entered into several new Joint Powers Agreements (JPA's) to share information technology support services. As a result, the City incurred additional staffing and professional services costs. In addition, the City made several up- front equipment purchases necessary to link Roseville's system with the systems of contract cities. The additional expenditures w��� be covered by revenues derived from the new JPA's. Attachments Excerpts of the 2004 financial statements reflecting the requested amendments for the Funds noted above are attached. The amendments have been incorporated in the column marked "final" budget. Staff Recommendation Staff has reviewed the requested budget amendments and considers them reasonable, within an expected range of adjustment, and in accordance with all applicable State Statutes. It is recommended that the budget amendments be approved. The City's auditors are scheduled to make a formal presentation on the 2004 financial statements at the May 23, 2005 Council Meeting. Council Action Requested Motion to approve the year-end amendments to the 2004 Budget. ■� � CITY OF ROSEVILLE, MINNESOTA LICENSE CENTER FUND SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES ' BUDGET AND ACTUAL For the Year Ended December 31,2003 REVENUES License and pern�its In.vestnzent Incon�e Total revenues EXPENDITURES C�rrent Geraexa.3 govermi7ent Personal s�rvices Supplies & materials Otherservices & charges Capital outlay Total expenditures Excess of revenues over (under) expenditures Other Financing Uses Transfer (out) Net change in �,zi�d balances Fund balances -beginning Budget Varia��ce Favorable Original Final Actual (Unfavorable) � ?�4��}{h� � � �B$,��{} � ���,��I} � ��4,??� 4 �,��,; 0 f5�'1} ���5ti ���_3�3� �I�,��r9 ?,?�4 �A f�,7�� ��3,�� �� F,� 3� 9,�0� $��� 1 a,�57 ��,�4}U� ��#4�� ��k,�3� � ll ll f+1$,�(�� 715,��� 7L�,[�? �}� R r [J FS�57� � F'� 97 � - � _��� �'r [},%�i ?�3,?� �� �,��? �r5 ��. {��r��,�� �l�k�,�,��rr� ��T�,��n�,� �� i} 5 �a70� ��` � �'.,�' �y�•i� �9, � 9 �� {9,81 �� [�,B l �� � Adjustment for prior period activity __ ___ _� �i �F 4] Fund deficit � ending 5 ��,� 1�� i �� ,�9� i � 5 ��32 ,� �,5 �� CITY OF ROSEVILLE, MINNESOTA CHARITABLE GAMBLING FUND SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL For the Year Ended December 31,2004 REVENUES Licenses & perzaaits Gambling taxes Donations Investment income Total revenues EXPENDITURES Current General government Personal services Other services & charges Total expenditures Excess of revenues over (under) expenditures Fund deficit � beginning Adjustment for prior year's activity Fund deficit - ending Budget Variance Favorable Original Final Actual (Unfavorable) $ 4,000 $ 4,000 $ 200 $ ���$d�) 64,850 64,850 65,935 1,085 50,000 53,000 55,899 2,899 0 0 (160) (160) 118,850 121,850 121,874 24 ��,��0 �S,S�U __` ] Z�$$ � � ��,��0 8����� I�J��� �1���} ��,5�$ ������ 1 �;�,'�� ���,���� �1�l� l�E 1� � �.� �'•� ��.� ��?}�� ..- s �.i,1 cv� 5 � i 3 �, I 9�� $ �7 �5,���1 � �� CITY OF ROSEVILLE, MINNESOTA INFORMATION TECHNOLOGY FUND SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL For the Year ��d� December 31,2004 REVENUES Charges for se��vices Investment income Total revenues �XP�NDIT�CTR�� Personal services Supplies Other services & charges Capital outlay Total expenditures Excess of revenues over (under) expenditures OTHER FINANCING SOURCES Transfer in Net change in fund balances Fund balances -beginning Adjustment for prior year's activity � Budget Variance Favorable Original Final Actual (Urlfavo�'dble) �] �,��� � 2 L3,£25 � �,$�� �,8i5 � 18,5�0 ^ ? C �_��C� 19f>� �� � �] �,��G� � � �5� _ ����� I �?9,�'.�� � I R,7��] �1�,3�Q ?��,:��i% ���G,S ��. ti�1 �� .S,�Q� 5.��� �,�r�� {���� •1 t���7�0 5 �,UO+� ��,�4 R � ��,�7�C� ��,�1�� G���.��. .._ ?�� ��'S � 4�U 3�'�� �k�� 3�'F,� 4�5 I],� �'�.0��� ��,�Qf� .� 1 � �,���fi �O,f���G {+���,��;�1 t:�a�� ' f�, � �� �] ��.��� � � �,��r�� ��.���� � � g,�� �� _ �,50� ...��� �-��� _ ��- � � �I,�,�,� [L,��4� Fund balances ' ending 5_����� 1� � ���,�� f� S {��, 3 5 0� 5��f L�.�5�� Date: April 25,2005 � r � � � Request for Council Action Manager Approval �'Y�r�'�i � • Item Description: Update on Recycling Pilot Program Date: 04/25/OS Item: 11 Recycling Pilot Program Background Roseville established a curbside recycling program in July 1987. The curbside recycling program includes all single family homes, duplexes, triplexes, fourplexes, and townhomes. The program began with once a month pickup and the frequency has changed until it reached the current every other week collection. Also more types of materials have been gradually added to the list of items that can be recycled. Despite increases in frequency of collection and types of material accepted, there has been very little growth in Roseville's recyclingprogram during the past ten years, although Roseville's set out rate remains one of the highest in the metro area (72% in 2004). On June 11,2001 the City Council established a resident committee — the Residential Solid Waste and Recycling Citizens Advisory Committee (RSWRCAC) -- charged with evaluating the existing residential waste collection services and exploring opportunitiesfor improvement. The �.SWRCAC's report to the City Council on May 20,2002 identifiedcomponents that could be used to enhance Roseville's curbside recyclingp�oga-am and urged additional study. Pursuant to a Council-approved contract, the City Council directed staff and Waste Management to conduct a recycling pilot program during the current contract period that runs from January 1,2003 — December 31,2005. At the direction of the City Manager, staff has worked with Waste Management to design a pilot program to test all of the components identified by the RSWRCAC. The City's contractor, Waste Management, agreed to perform data collection in conjunction with City staff. Ramsey County is providing technical assistance to municipalities on recycling issues through a contractwith the consulting firm of R.W. Beck, with Dan Krivit and Associates as subcontractor. The City and County agreed that the County would authorize Beck/Krivit to consult with Roseville on this pilot program for two purposes: a) specifically to help the City develop and implement its pilot program; and b) to mal{e pertinent resulting information available to other communities in Ramsey County and the metropolitan area. Pilot Desi�n The City identified five routes of approximately equal demographics and a sixth route of newer housing stock and more affluent demographics. Two routes tested single-stream recycling collection in which residents put all recycling into a single, 64-gallon, wheeled container. One of these routes was from the equal demographic pool and the second was from the more affluent area. An additional route tested weel�ly collection, one tested supplemental educational materials, one tested 22-gallon bins with wheels, and the final area was a control area using the current program. City staff worked with Waste Management to record set out rates (the number of households with material at the curb on collection day), participation rates (the n�naber of addresses that participate in the recycling program over the recording period), and tonnages collected. Additionally the City conducted material composition sorts under the guidance of R.W. Beck. Sort data will be used to determine the type of material Roseville residents are setting out to be recycled. This will allow the City to design educational material to increase recycling in areas that may be underperforming. For instance, a study by the Minnesota Office of Environmental Assistance in 1999 found that almost 25% of residential garbage in the metro area is paper that could be recycled. A final report on the testing, results, costs, benefits and survey results will be presented to the Roseville's Public Works, Env�xonment and TransportationCommissionfor recommendations on changes to Roseville's recycling program. Those recommendations will be forwarded to the City Council for final approval. Council Action Rec�uested This is a program update, no action required.