Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
02/25/2020
LAUDERDALE CITY COUNCIL MEETING AGENDA 5:30 P.M. TUESDAY, FEBRUARY 25, 2020 LAUDERDALE CITY HALL, 1891 WALNUT STREET The City Council is meeting as a legislative body to conduct the business of the City according to Robert's Rules of Order and the Standing Rules of Order and Business of the City Council. Unless so ordered by the Mayor, citizen participation is limited to the times indicated and always within the prescribed rules of conduct for public input at meetings. 1. CALL TO ORDER THE LAUDERDALE CITY COUNCIL MEETING 2. ROLL CALL 3. APPROVALS a. Agenda b. Minutes of the February 11, 2020 City Council Meeting c. Claims Totaling $47,291.86 4. CONSENT a. Acknowledge January Financial Report 5. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS 6. INFORMATIONAL PRESENTATIONS / REPORTS a. City Council Updates 7. PUBLIC HEARINGS Public hearings are conducted so that the public affected by a proposal may have input into the decision. During hearings all affected residents will be given an opportunity to speak pursuant to the Robert's Rules of Order and the standing rules of order and business of the City Council. 8. DISCUSSION / ACTION ITEM a. Front Yard Fence Regulations b. Future of Shared IT Services with the City of Roseville c. Dark Fiber Lease Agreement with Comcast Business Communications, LLC 9. ITEMS REMOVED FROM THE CONSENT AGENDA 10. ADDITIONAL ITEMS 11. SET AGENDA FOR NEXT MEETING a. Ramsey County Census Update b. Audit Presentation by Abdo, Eick, and Meyers — March 24 c. Annual Update by Police Chief Jon Mangseth — April 14 d. Director Ramsey County Workforce Solutions, Ling Becker — April 28 e. National League of Cities Homeserve Program — May 12 12. WORK SESSION a. Opportunity for the Public to Address the City Council Any member of the public may speak at this time on any item not on the agenda. In consideration for the public attending the meeting, this portion of the meeting will be limited to fifteen (15) minutes. Individuals are requested to limit their comments to four (4) minutes or less. If the majority of the Council determines that additional time on a specific issue is warranted, then discussion on that issue shall be continued at the end of the agenda. Before addressing the City Council, members of the public are asked to step up to the microphone, give their name, address, and state the subject to be discussed. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter any discussion without permission of the presiding officer. Your participation, as prescribed by the Robert's Rules of Order and the standing rules of order and business of the City Council, is welcomed and your cooperation is greatly appreciated. b. Community Development Update 13. ADJOURNMENT LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 1 of 4 February 11, 2020 Call to Order Mayor Gaasch called the Regular City Council meeting to order at 7:33 p.m. Roll Call Councilors present: Andi Moffatt, Jeff Dains, and Mayor Mary Gaasch. Councilors absent: Roxanne Grove and Kelly Dolphin. Staff present: Heather Butkowski, City Administrator; Jim Bownik, Assistant to the City Administrator; and Miles Cline, Deputy City Clerk. Approvals Mayor Gaasch asked if there were any additions to the meeting agenda. Mayor Gaasch stated that she would like to add a discussion regarding snow plowing to the Additional Items section of the agenda. There being nothing else, Councilor Dains moved and seconded by Councilor Moffatt to approve the agenda as amended. Motion carried unanimously. Mayor Gaasch asked if there were any corrections to the minutes of the January 28, 2020 city council meeting. There being none, Councilor Moffatt moved and seconded by Councilor Dains to approve the minutes of the January 28, 2020 city council meeting. Motion carried unanimously. Mayor Gaasch asked if there were any questions on the claims. There being none, Councilor Dains moved and seconded by Councilor Moffatt to approve the claims totaling $83,678.44. Motion carried unanimously. Consent Councilor Dains moved and seconded by Councilor Moffatt to approve the Consent Agenda thereby approving pay request number 7 for Northdale Construction. Informational Presentations/Reports A. CTV 2019 Look Back by Dana Healy, Executive Director Dana Healy, CTV Executive Director, and Jared Wiedmeyer, Municipal Media Coordinator, were in attendance to provide an overview of their work in 2019. In addition to recapping last year, they also discussed upcoming projects and expectations for the future at CTV. B. City Council Updates Councilor Dains stated that the Mississippi Watershed Management Organization had the inaugural meeting for their comprehensive plan on February 11. Part of the discussion involved Lauderdale's High Density Residential Conservation Zoning Ordinance. Mayor Gaasch noted LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 2 of 4 February 11, 2020 that she had a conversation with Mitra Jalali of the St. Paul City Council about Breck Woods. They discussed Lauderdale's efforts to preserve them as much as possible. Gaasch thanked all of the warming house staff for their work this winter. Discussion/Action Items A. 2020 Community Event Schedule Assistant to the City Administrator Bownik approached the dais to give a presentation on the 2020 community events schedule. It was decided to keep similar times and dates as last year for the City -Wide Garage Sale, the farmers markets, Night to Unite, Day in the Park, and the Halloween party. B. Resolution No. 021120A Authorizing Application for CDBG Funds for Playground Improvements at Skyview Park In order to receive Community Development Block Grant (CDBG) funds for Skyview Park, the City has to make an official application. Staff have prepared and submitted that. The final piece is City Council approval of the resolution showing support. Councilor Moffatt made a motion to adopt Resolution No. 021120A—A Resolution Authorizing Application for Community Development Block Grant Funds for the Playground Improvements at Skyview Park. This was seconded by Councilor Dains and carried unanimously. C. Community Park Playground Woodchip Project Quotes Butkowski said the playground equipment at Community Park was installed in 2010 and 2011. Over the years, the woodchips have deteriorated. Fresh chips are brought in regularly but over time these woodchips have become moldy and highly decomposed leaving an undesirable surface. In talking with the playground vendors about Skyview Park, staff learned that this is normal and after about ten years a full replacement of the chips is necessary. We asked three vendors to provide quotes to remove the existing woodchips, repair the geotextile fabric, and bring in engineered wood fiber. Being that this is a project the community can help with, we asked them to identify the savings if community members were to spread the chips. As the playground surface is currently frozen, the vendors estimated how much is needed to be removed, and how many cubic yards of new chips need to be brought in. Staff asked them to provide comparative information to determine the best value, but the actual installation may be a little more or less depending on the volume of chips needed. These numbers are based on bringing in 280 cubic yards as each quote reflect a different volume being brought in. Flagship Recreation: $17,391 with full installation; $13,111 if we spread the chips. LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 3 of 4 February 11, 2020 Midwest Playscapes: $18,246 with full installation; $16,846 if we spread the chips. GameTime: $39,399 with full installation; $31,569 if we spread the chips. After discussion, Councilor Moffatt made a motion to accept Flagship Recreation's quote for the removal and installation of wood chips at the Community Park and repair of underlayment per the quote provided. This was seconded by Councilor Dains and carried unanimously. Additional Items A. Snow Plowing Discussion Administrator Butkowski stated that Ramsey County Public Works would like the City to find another snow plowing option starting with the 2020-2021 season. They would like to move to larger equipment, optimize routes, and eliminate residential plowing to streamline their operations. Staff told them that an alternative would be hard to find as neighboring cities have their own plowing needs to meet, private contractors generally don't have plow trucks, and the cost to buy trucks and hire additional staff would be prohibitively expensive. Staff asked Ted Schoenecker, Ramsey County Engineer, to discuss internally what the City could do to be included as part of their operational changes. The Council agreed that Ramsey County was the most cost-effective option for plowing service and agreed that changes could be made if they allowed county staff to provide better plowing services as that has proven to be a challenge this year. The County will likely ask that cars be towed instead of ticketed as moving around parked cars with big equipment is difficult and leaves a lot of snow on the roadway. The Council directed staff to follow up with Schoenecker in the near future so that any changes could be determined and communicated to residents well ahead of the next winter season. Set Agenda for Next Meeting Administrator Butkowski stated that the February 25 council meeting may include the January financial report and front yard fence regulations. The meeting will begin at 5:30 p.m. and end by 6:30 p.m. to allow for participation at the precinct caucuses that night. Work Session A. Opportunity for the Public to Address the City Council Mayor Gaasch opened the floor to anyone in attendance that wanted to address the Council. There being no interested parties to speak, Mayor Gaasch closed the floor. LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 4 of 4 February 11, 2020 B. Community Development Updates Administrator Butkowski mentioned that City staff had a meeting on February 11 with Falcon Heights to discuss fixing an eroding ravine along the trolley tracks in the Nature Area. The project would require the participation of homeowners along the ravine. Butkowski mentioned that the City received a draft of a fire contract from St. Paul to review. Adjournment Councilor Moffatt moved and seconded by Councilor Dains to adjourn the meeting at 9:03 p.m. Motion carried unanimously. Respectfully submitted, Heather Butkowski City Clerk -Administrator CITY OF LAUDERDALE LAUDERDALE CITY HALL 1891 WALNUT STREET LAUDERDALE, MN 55113 651-792-7650 651-631-2066 FAx Request for Council Action To: Mayor and City Council From: City Administrator Meeting Date: February 25, 2020 Subject: List of Claims The claims totaling $47,291.86 are provided for City Council review and approval that includes check numbers 26798 to 26813. Accounts Payable Checks by Date - Detail by Check Date User: Printed: heather.butkowski 2/21/2020 2:17 PM Check No Vendor No Vendor Name Invoice No Description Check Date Reference Check Amount ACH 43 Public Employees Retirement Association 02/21/2020 PR Batch 50400.02.2020 PERA Coordinated PR Batch 50400.02.2020 PER PR Batch 50400.02.2020 PERA Coordinated PR Batch 50400.02.2020 PER Total for this ACH Check for Vendor 43: ACH 44 Minnesota Department of Revenue PR Batch 50400.02.2020 State Income Tax ACH 45 ACH 46 26798 20 425056 425056 425056 26799 34 26800 65 16668985 26801 15 61458 62532 02/21/2020 PR Batch 50400.02.2020 Stat Total for this ACH Check for Vendor 44: ICMA Retirement Corporation PR Batch 50400.02.2020 Deferred Comp PR Batch 50400.02.2020 Deferred Comp 02/21/2020 PR Batch 50400.02.2020 Defy PR Batch 50400.02.2020 Def.( Total for this ACH Check for Vendor 45: Internal Revenue Service PR Batch 50400.02.2020 Medicare Employer Pc PR Batch 50400.02.2020 Federal Income Tax PR Batch 50400.02.2020 FICA Employee Portio PR Batch 50400.02.2020 Medicare Employee PC PR Batch 50400.02.2020 FICA Employer Portio 02/21/2020 PR Batch 50400.02.2020 Mec PR Batch 50400.02.2020 Fed( PR Batch 50400.02.2020 FIC. PR Batch 50400.02.2020 Mec PR Batch 50400.02.2020 FIC. Total for this ACH Check for Vendor 46: Total for 2/21/2020: Abdo Eick & Meyers LLP 02/25/2020 2019 Audit 2019 Audit 2019 Audit AFSCME MN Council 5 PR Batch 50400.02.2020 Union Dues Allstream Inc. 2/20 Fax line Be There Pest Control LLC 4Q19 Quarterly Pest Control 1Q20 Quarterly Pest Control Total for Check Number 26798: 02/25/2020 PR Batch 50400.02.2020 Unic Total for Check Number 26799: 02/25/2020 Total for Check Number 26800: 02/25/2020 1,198.66 1,038.85 2,237.51 672.47 672.47 1,077.12 1,657.98 2,735.10 271.31 1,798.80 1,160.01 271.31 1,160.01 4,661.44 10,306.52 2,250.00 2,250.00 10,500.00 15,000.00 210.24 210.24 51.95 51.95 100.00 100.00 AP Checks by Date - Detail by Check Date (2/21/2020 2:17 PM) Page 1 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 26802 25 RISK -002033 26803 25 EMCOM-008231 EMCOM-008248 EMCOM-008282 26804 19 82819 26805 134 0097 County of Ramsey PR Batch 50400.02.2020 Life Insurance PR Batch 50400.02.2020 Short Term Disability PR Batch 50400.02.2020 Long Term Disability Insurance Processing Fee County of Ramsey 1/20 911 Dispatch Services January CAD Services 1/20 Fleet Support Ehlers and Associates Inc 1795 Eustis Redevelopment Katrina Joseph January Legal Services Total for Check Number 26801: 02/25/2020 PR Batch 50400.02.2020 Life PR Batch 50400.02.2020 Shor PR Batch 50400.02.2020 Lon, Total for Check Number 26802: 02/25/2020 Total for Check Number 26803: 02/25/2020 Total for Check Number 26804: 02/25/2020 Total for Check Number 26805: 26806 185 Lauderdale Certified Auto Repair Inc 02/25/2020 022020 January Fuel 022020 January Fuel 022020 January Fuel 26807 30 316889 26808 24 0001106061 26809 5 619861-01-20 26810 135 0120572525 26811 40 5347845 26812 90 9847410979 9847410979 Total for Check Number 26806: League of Minnesota Cities 02/25/2020 MN Cities Stormwater Coalition Contributions Metropolitan Council March Waste Water Premium Waters Inc January Water Bottles St Paul Pioneer Press Publish Budget Summary Truck Utilities Inc Fix plow Verizon Wireless January Cell Phone January Cell Phone Total for Check Number 26807: 02/25/2020 Total for Check Number 26808: 02/25/2020 Total for Check Number 26809: 02/25/2020 Total for Check Number 26810: 02/25/2020 Total for Check Number 26811: 02/25/2020 200.00 295.06 61.76 91.25 25.00 473.07 1,060.57 205.40 6.24 1,272.21 442.50 442.50 925.00 925.00 63.19 294.86 63.19 421.24 420.00 420.00 13,140.88 13,140.88 42.41 42.41 196.51 196.51 2,752.07 2,752.07 16.35 16.35 AP Checks by Date - Detail by Check Date (2/21/2020 2:17 PM) Page 2 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 9847410979 January Cell Phone 32.69 Total for Check Number 26812: 65.39 26813 74 Xcel Energy 02/25/2020 671426651 January Street Lighting 424.40 671661520 Larpenteur Avenue 56.34 671786427 1891 Walnut Street 300.06 671786427 1891 Walnut Street 162.93 671786427 1795 Eustis Street 62.17 671830364 1917 Walnut Street 107.26 671830364 1917 Walnut Street 37.84 671830364 1885 Fulham Street 73.08 671830364 1885 Fulham Street 147.79 Total for Check Number 26813: 1,371.87 Total for 2/25/2020: 36,985.34 Report Total (20 checks): 47,291.86 AP Checks by Date - Detail by Check Date (2/21/2020 2:17 PM) Page 3 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution Work Session Meeting Date February 25, 2020 ITEM NUMBER January Financial Report STAFF INITIAL -4w2 APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Every month, staff provide the Council with an updated copy of the city's finances. Follow- ing are the revenue, expense, and cash balance reports for January 2020. This is not inclu- sive of year-end adjustments. OPTIONS: STAFF RECOMMENDATION: By approving the consent agenda, the Council acknowledges the city's financial report for January 2020. General Ledger Cash Balances User: heather.butkowski Printed: 2/21/2020 10:06:02 AM Period 01 - 01 Fiscal Year 2020 Description Account Beg Bal MTD Debit MTD Credit Current Balance Cash 101-00000-000-10100 -2,989,941.23 39,421.29 141,697.91 -3,092,217.85 Change Fund 101-00000-000-10300 100.00 0.00 0.00 100.00 Cash 226-00000-000-10100 13,010.35 4,592.78 2,870.56 14,732.57 Cash 227-00000-000-10100 96,045.08 803.73 5,263.71 91,585.10 Cash 305-00000-000-10100 26,028.17 11.09 13,101.25 12,938.01 Cash 306-00000-000-10100 101,596.53 7,369.06 13,464.58 95,501.01 Cash 401-00000-000-10100 157,830.69 135.38 0.00 157,966.07 Cash 403-00000-000-10100 714,526.10 643.84 36,576.13 678,593.81 Cash 404-00000-000-10100 276,841.23 237.46 0.00 277,078.69 Cash 414-00000-000-10100 390,544.70 334.99 0.00 390,879.69 Cash 416-00000-000-10100 94,413.04 80.98 0.00 94,494.02 Cash 602-00000-000-10100 1,025,140.34 13,196.50 21,504.87 1,016,831.97 Cash 603-00000-000-10100 410,967.06 4,533.96 7,498.54 408,002.48 Current Assets 317,102.06 71,361.06 241,977.55 146,485.57 Petty Cash 101-00000-000-10200 300.00 0.00 0.00 300.00 Petty Cash 300.00 0.00 0.00 300.00 Investments - Fair Value101-00000-000-10410 3,756,762.82 3,347.90 0.00 3,760,110.72 Adj Investments 3,756,762.82 3,347.90 0.00 3,760,110.72 Grand Total 4,074,164.88 74,708.96 241,977.55 3,906,896.29 GL - Cash Balances (02/21/2020 - 10:06 AM) Page 1 o 30 yo 0 • O O - • O N 'D--. seq N 0 -0 a) b c� N 0 • 0 0 ww YTD Balan Account Number O ON O ,t ,t O I ON VD O O 01 lfl vD I- O M M 0 t kr) O\ 00 O O et O • MO v7 0 000 0 00 O 00 N0M0 -, 0 O ,, cl X00 0 O O o00 ori 0 N Irian ct0 0 M-.6 O� VD•,CD CN VD N - c 0 N Oro M 0 0 V1 0 00 N VDd' \0 0 00 0M,rt 4 00 0 MCN vI H r- Irl O '.0 0 0 0 N O VD O 00 0 O M Irl O r+ O Irl VD C- VO N N - kr) 00000N 01 N CD VD O 00 0 O M 00 O O n VD l n VD r „, O 00000 O 00000 00000 V7 r Irl O O VD vOOMOO V 7O O\ N l- O 00 00 0 00 00 M 0 00 I 0 0 N Or 0 M 0 O 0 N VI, N4 4 00 0O Irl �-+ 00 In 00 N M co N 0 ti vo O� o0 0o M O O T O O N CA (M*7 0 o N tq l n 'd• rh 00 '.0 tri 00 N M co N 0 0 0000 0 0 0000 O 4 v$ 6, • occ) cc) 00 r M 00 00 ,-, O et d- O ti„, O 0 0 O 0 0 4 0 Tr T 00 Tr �-I 0) N N 0 o 04) 0) `n g 0 .g an 0R! y c9 U O -,1•2 4N c./) cn p • PP bi) 0) cd - P-� • N N W C U a 'b a O 0) O N U 41 G� w w cd p s' • = v>`4 p o 0) a) w a G s O • O N b y..i 0 U 0 G) d O f3, N-, y v Calw 7R�'F 1�UNwo a i0a W(00 w 0 General Fund 4-1 0 00 GL - Revenue vs Expense (02/21/2020 - 10:08 AM) C.) YTD Balance Current Pe oo r - M a\ on N ONO d. co O p o6 cei O\ O 1 ON O N O oo O O c o6 r4 6 \ �tOoo p V) oo kr N oo oo <n ti N (`I M V1 O �--� .7. 'D N O ti p 000 N (NiCD N rOv cc' p Oil N V1 rr V1 N \O tt 00 I d rF N ti O 1 00 ,- � O Cr) N CD 00 N GO oo O hl O O N N VD ',It 00 IN r1' ,, N ti O 0 0 o p O 1 CDC-- �crl p N O\ CO bi..ki N o U N �y0 cA O0 P4 v cd O U , > U en 0a aN O m 0 i E a a P d A UgF 4 Wacn0CJ W C) •o <:,__,; N 0 .O NN N .y N Oi z a -'0 O , 0 0 'U — ': NC ••m U U b b baa w N N GL - Revenue vs Expense (02/21/2020 - 10:08 AM) o °O N N 0 0 U � 4' N t" + r+ N oy 0 • baa N 0 YTD Balance z U CD c.! N O rN1 CD pl N O nj H 00 O o0 p 00 ,4 O r- O M coO o M vpM N O\ O O p CT N N O.--+ p Cl O ti r- O 'd' p 00 t- '7 r O\ (raj O �D H ,-- V) 00 VC 7 N M H 00 r- 0000\ p 1--1 O r 00 VI O ' p p \tc lin 00 O ,-! N ,tt N M M / t ; 00 O O\ p [:- O\ O \ p � p In 00 O^+ N ri' M V 0 CD p p p p to N OM O N O tn N 00 ,-+ M U v: 0 0 q 0 > a 4 °) el)U 0 0 cz e, 0 a bq U i + d i-+ U d N O U •. d •0 tiN., LL P. i1 U C G4.5 C4 >94 4,1) W a GL - Revenue vs Expense (02/21/2020 - 10:08 AM) In YTD Balance Current Period Account Number No p I N O O I 600 0000 O cV O p r-+ (• v.) M O I ,.y O V) O\ p O O 1` oci 00 O o0 kr; 00 N N d' 7 d N O p I O O N ti O ~-1 kr; d VD N O p I O N �--4 V1 O pp ( O O p O O O O in In M N N N 00 00 0 N N 0 U po 0) O 0 N = b0 a 0 ❑U U d a t Nd Uy N / O N 0000 H 00 00 GO TIF Revenue Bonds 2018A GL - Revenue vs Expense (02/21/2020 - 10:08 AM) YTD Balance • U I O 4 CA O N N O 0) ii L: •U U b �Py r:k M M 0] z O p O M 00 h O d VI O 00 N 00 00 N 120,567.94 \O O co O O V-1 kri 0.R M d: 0\ N N \O O o0 O v 00 N co d' 0\ N N O O O O p O con N O VD — 00 co N .N-1 N VN G? 0 00 N V� lI1 V 00 H 00 2019A Improvement Bonds GL - Revenue vs Expense (02/21/2020 - 10:08 AM) O O CD O I CD p ) O O O VD O O O O O �.) pp OpO 00 O G al O� O p p O O M 7.1 m M O O O Ca .-i ,--i vi to M 00 00 00 YTD Balance O 0) 0 O 00 p I 00 O O O I O 00 O m O M O O O O M m O M O O11 O O M O 00 Cn O 00 O p O O 00 tri O V 1 O O O O M-+ ti --I p p pI o p p pI o 0 Opp o p poo 0 vl to O o v ,-- '-i tri to Ni 0o 00 00 u, aci).) a) 4-4 qb4 .� J o .. I.0.1 > O 'O V 0 C G CI q ri b4 N N n L <n E � 'U U d 0 O N d > y .� v • a) L4 d y y b4 N v y `a- s" • 04 C.7g,..e O g • WOUO W General Capital Projects GL - Revenue vs Expense (02/21/2020 - 10:08 AM) \ \ 2 \1 « @ @ \1 @ § = ccd \ ««c 3 § L f ; S @2@ - 255 - A § � \% N q e 5 6 2 \ / \ m Current Period \7@| 7 2@@| (.1 A 66 v3 6 N \/\ ƒ en \ 5J/ 7 EE\ - § \ / \ \ \ \ 5@@ 3@@ @ @ 3/3 / as 3| e / 2 a R » - - j ] [g§ ®))?i)4 /A k\{§ os \/, fe (;o(% em,/\§&2zmt/\mg/ 4L\\0 / )0 W Street Capital Projects \k c \� \\ c \gG/� „oQ , Z ,«_/ �)\g \ \\\\ \ \ \ GL - Revenue vs Expense (02/21/2020 - 10:08 AM) U 'd' O I '7r O O 01 O OT .Ur O\ O CN O O O O M p vi O O p O O O U 0 as O v O O O O M 'i: l^ r O O cd M M v i b YTD Balance 0 dam' p( 7 O O p l O Vim' M O O O O O M N N N VD • 0 I o o O( C im' M O O O O o s N N N O 0l o 00 0l © o o do 0 0 O o O o 0 tetrt vi in ,--i VD VD si ct CI) O U • a bb aoa „ a� N ° a) • a.) v, O ti QJ U vN dNpct N ,w , . y as o • a4 c4 car c4 wv)0o w 0 Park Capital Projects 7 0 GL - Revenue vs Expense (02/21/2020 - 10:08 AM) U O p l O I O O O O O p O O O U x OOIO Op IOOU OOO Og O p O 0 YTD Balance O p l p( O O O O O O O O 0 Ol of o 0 0 c 0 0 0 0 rb N bb N N E a a U o U N HN 0 44 N O CS O vv. h 0 f� •U d d U yd d 0 con ��0 WO W CO by kCDCo 'ti W o c. 0 o°p ,o "0 °' N z �b o >-, 0 0 0 G U U in Rosehill Tax Increment GL - Revenue vs Expense (02/21/2020 - 10:08 AM) Current Period Lr" ti z M pOI 00 OO c OO trl O oO p O O p O 1-1 O p tO O c r ON O\ p O� O ON 0 p O O\ M OI M O O O M M M M Off\ p O\ p O ff O O\ m OI CM O O O M M M M Op O p 4 bo 0) U bA cn 0 U - 0 U • 0 U O Ri bA +4T. G y O U 0 U 0) C p a) Na) f -i y I-+ 1-. y U U N N Aa O WOO 71. Development GL - Revenue vs Expense (02/21/2020 - 10:08 AM) 0 0I 0 0I o 0 °) 00 0 0 0 0 0 U 0 E-4 Current Period O O O O O 0 0 O O O O O o 0 0 0 0 0 0 0 0 0 0l 0 0 0 0 0 O O O O p O O 0 0� 0 0� 0 0 O O O 0 0 O O CD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ncd ° � aa)i Yo N -CDO O N O N ate., N1 ct 4 N 'C N .� v 1-.1�aaw o or) U b as a) d a a) a.) o O a) 0 c �� a) a) tc; a) W O U W g Housing Redevelopment GL - Revenue vs Expense (02/21/2020 - 10:08 AM) E 5 /) / / @) @ @ = 366 e 333 £ £ 0 YTD Balance Current Period 3 § Account N / & 5| f \ @ @| @ f 3a3 c33 a < 0? f \ \ /) 7 @ @ @| @ 7 cyd 2 3a3 e 2 5%/| 0 5@| f 3/3 2 QQ s / / 5 \ @ @ @ /| @ @ 66c 3 Oc 3 3 & {\ \ \� \ z (/ o., � / - \ m a) ti 3 § 'L 5 § , 5 ; t°g t \j.&2 \]/\3 ■ W000 ƒ TIF District No. 1-2 \ GL - Revenue vs Expense (02/21/2020 - 10:08 AM) O M M CN p I CF h ,t V- O tr) CD p I CN d- v O ) p '�Y' ooNN O O N CD 00 V- O CN 00 cn V7 N ~ N ').�vVII,o � d''et- 00 00 00 O 00 VO t-- d' ra 0000 S M in N 00 O NM OI in ,....+ CD O O( N N O V, -)d' O N d, M d. O O 1--1 M O C' N O CN � In N 0 O O O d' co N v.) CN M N M \O d' .-i 00 ti r, N O N or) OIIn •--a O .--i CD O I N N O Md' O t� d'Md'O O1..1 M O N t� OCN ‘4D In O O O co ' 00 N N en N M <5' d' .-i 00 O O O 0 O 0 0 0 0 O O O O O O O O O O O O O O0O H M OOd' O O 0 in — 0 N tel 0 an N 0 co .--+ O0 N Lr) ,O N Vi r O 00 00 .— O N O\ f O 'D N M — M a, o 1) C bA p4 `40 0 a) ,9 U �.0 y v] v, 'b ,�. Ri bA o N N v E U U •1y ,V] Na j- �;U1NO NN �owg aO LTr .N CA NN w. CO —,;, , 0 P.4 F3 C}, O cu Ctg4)-9-1(.. O Ri Wav)000 W o 30 o 0) s. O 4 4. �N o E N'Ocel Z N • Cl O N 0 N 0 . U OU N 0 Sanitary Sewer 0 GL - Revenue vs Expense (02/21/2020 - 10:08 AM) U Od' N OI O 00 000 p V; M V O 00 h O O N ON 00 0 0 N N OMh p 7 oo LO O p 'et 4 O U d O 00 d' O) N V) O O\ O p '7 N V O ,-+ M p V; O N -, O p .at O O O000 CONp COOO p Vim) b 'F:41 N 0 10 NO al vi d' ON CO In V) V) O\ O\ O O V) (tel 00 00-1 V) YTD Balance Current Period Lw V z 0 O ONO. 00 O O 71- N d pl 00 OM oo O p( O 00 O cri V) co V) � O O V) V 00 N DI 00 0an000 p O 00 l O 00 H \ O\ O O V) 00V) 00 H 00 V1 V1 00 O OO OOO P p O O O OMO 00 p M t- 6>r -> O O OO M V) 00 In VO (' ,-' O O\ d' M(ID l- O r -I N o0 r+ ti O O N D N yr U v> a) ti~ 00 U G) N a4 6' y o U (0.0 coV) v) '0 bA Uca N W 0 U> ti F.. V) O U U O U N C4 N j y .(0 a) O v) N O N 6) 04- '0 O N -- 4, 0 v) cc U) CID ,-. 'a ti , d bA bA V 0) 0 6a.) O p,� may^ 0)) 0 y a+ ..G • N +^�-, CU51. a CCS +�-+ a ,� zn C4 4 O 0 CL' W - V) 0 �,) 0 W rn en te) 00 GL - Revenue vs Expense (02/21/2020 - 10:08 AM) C.) O p p o 000001 O O O O O O O O O O p O O o6 0 0 O O O O p o U 00oI O 0000 OI O o U O O p O O O O O p O O = O O p O 0 0 0 0 (3al O O H al YTD Balance Current Period O O O( O 0 0 0 0 pI O O O O p O O O O O p O O © © O O © © © © p O O OO pI O 0000 p O O O O O O O O O O p O O O O O O © © © © O O O O O p I O O O O p I O O O O p O 0000 O O O © © p O 0 0 0 0 p O cn N bU cn 0 U -0 U OO NV) bD aN i C a) a a,0 79 w a,1t cn wwoWA gE. o z F44,00(210UAo 44 Account Numb GL - Revenue vs Expense (02/21/2020 - 10:08 AM) U d U a) v YTD Balance M N �n N N ("I 11) O. M O O CT O O O Vl N N N M O V) [t N CT N • 00 *1) ▪ N 00 • c:).\ O N Ln 00 M N`.oc'l 00 N o0 vl to N N 00 V1 N Ln N �O N 5 z 0 0 0 000 o lel c+) M N CY � � N N 00 to ct ed N ---- N GL - Revenue vs Expense (02/21/2020 - 10:08 AM) LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action Resolution Work Session Meeting Date February 25, 2020 ITEM NUMBER Front Yard Fences STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The City Council held its first discussion regarding front yard fence ordinance revision on January 28. Unfortunately, two council members were unable to attend. This meeting pro- vides a chance to build on the conversations and ideas that started that night. It was mentioned at the last meeting that when approving the moratorium, the questions be- ing asked were whether or not front yard fences should be allowed. If they weren't allowed, why not? And, if they were allowed, how issues like the following would be addressed: • Public safety issues, including sight lines on adjacent public streets; • Aesthetic standards; • Access to the property by emergency personnel; • Access to the property for mail and package delivery; • Access to the property for public inspections; and • Adverse impacts on adjacent properties. Through its research, staff has learned that all of our neighboring cities (Roseville, Falcon Heights, St. Anthony, Minneapolis, and St. Paul) allow front yard fences with some varying parameters. We have included their ordinance language or summary information with key regulations highlighted for your review. Our review of the documents and staff discussions have lead to another issue to be considered if allowing for front yard fences. • How will fences be regulated in situations where the primary structure is set back a greater distance than the 30' front yard setback requirement. There are enough of these non -conforming properties to warrant a discussion. The following is a summary of what staff have learned so far. Height of fence in front yard setback: All adjacent cities allow front yard fences of varying heights ranging from three feet (Falcon Heights) to four feet (Roseville, St. Anthony, and St. Paul). Minneapolis allows for three foot fences with the ability to go to four feet for open, decorative fences. DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Height of fence in exterior side yard of corner lots: Minneapolis goes one step further re- quiring corner lots to keep the three foot fence height along the entire street -side length of the residential structure. Again, they allow for the ability to go to four feet for open, decora- tive fences. Materials: Materials allowed are similar across the cities and include metal (chain-link and ornamental), wood, brick, or masonry. Some cities such as Minneapolis were more descrip- tive about what they do not allow such as electrically charged wire, razor wire, chain link with slats, chicken wire, rope, cable, railroad ties, landscape timbers, utility poles, or materi- als not intended for permanent fencing. Additionally, St. Anthony does not allow welded wire, snow fence, and branches and requires new or like new materials and no more than two types of fencing material. Sight lines: Sight lines are addressed in each neighboring cities' ordinances but are varied. Generally speaking, the sight line measurements are from the curb or a point obtained by projecting the property lines going east/west and north/south. They essentially result in the same outcome. In St. Paul the distance is 10 feet for fences over 2 feet unless 80% opacity, in Minneapolis 15 feet, in Falcon Heights 30 feet, and in Roseville 45 feet. In St. Anthony the standard is 25 feet but exempts fences less than 30 inches in height but applies the stand- ard to alleys and driveways. Access for mail and package delivery, emergency personnel, and public inspection: None of the ordinances reviewed address this specifically, likely because they don't allow tall and solid fences in front yards. By that I mean a delivery person could place a package over a three foot tall fence and all of the cities' front yard fences are required to have a high level of opacity. It would not seem unreasonable to go the extra step to require a gate of a mini- mize size. Aesthetic standards: Inherent in the other's cities' regulations are aesthetics as they only al- low for fences that are unassuming in size and built from appropriate material. As front yard fences have an impact on property values due to their enhanced visibility, it would not be inconceivable to tailor the ordinance to achieve desired aesthetic outcomes. For example, Minneapolis allows for three foot front yard fences but requires them to be more aesthetical- ly pleasing to be able to build to four feet. Adverse impact: Based on the desires of the Council in changing the ordinance, we can as- sess whether there could be any adverse impacts to neighboring properties. Non -conforming lots: A couple of houses in town were not built to the front yard setback which leaves an area of their front yard not within the bounds of setback regulations. Based on the direction the Council provides staff on the topics above, staff would draft the ordi- nance to address the nuances involved in those lots. DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Notes from January 28 Discussion The City Council had a productive discussion and liked the direction that neighboring cities took in addressing the issue. They agreed that it was important to create standards and not leave the discretion to the City Council. As council members change it could result in in- consistent or arbitrary decision-making leaving the city vulnerable to legal challenges. The Council felt that the ordinance should require front yard fences to have a gate to state the obvious. They thought limiting fences to a height of three feet unless they were of high- er quality material as in the Minneapolis example was worth pursuing. They wanted the new ordinance to include graphics to make complex information more understandable. The existing materials list should be revised to include some of what the other cities referenced. Temporary fences should not be allowed. Fences built contrary to city code would not be grandfathered in but require coming into conformance if repaired, replaced, or modified. Based on the outcome of this discussion, staff will start working with the city attorney on changes to the existing ordinance and bring it to a future meeting for review. STAFF RECOMMENDATION: fcLe6,,, Ne/ Sec. 113-242. - Fences. Fences may be allowed in any zone and are subject to the following: (1) All fences shall require a zoning permit in addition to any other required permits. (2) If a fence is less than seven feet tall, a building permit is not required. If it is over seven feet, a building permit is required. (3) Fences in residential districts shall be comprised of chain-link, wood, plastic, or metal, but shall not be electric, barbed, weaved, or welded wire, except as allowed as a security arm. (4) All fences shall be kept in good repair, painted, trimmed and well maintained. (5) That side of the fence considered to be the face (finished side as opposed to structural supports) shall face abutting property. (6) In the event a fence is adjacent to and parallel with the front lot line, side lot line on the street side of a corner lot, or rear lot line adjacent to and parallel with an alley, such fence shall be set back at least one foot from the street and alley right-ot-way or property line (7) Fences are not allowed in a 30 -foot visibility triangle on street corners. This area is measured beginning at the intersection of the projected property lines of two intersecting streets, thence 30 feet along one property line, thence diagonally to a point thirty 30 feet from the point of beginning. (8) Fences may be permitted along property lines subject to the following: a. Fences may be placed along property lines provided no physical damage of any kind results to abutting property. b. Fences in commercial and industrial districts may be erected on the lot line to a height of six feet above grade plus two feet for a security arm. The security arm may be barbed, weaved, or welded wire. c. Where the property line is not clearly defined, a certificate of survey may be required by the zoning administrator to establish the property line. d. Fences located within the side and rear yard nonbuildable setback areas beginning at the front building line and fences located within the buildable area of a lot shall not exceed six feet in height from finished grade. Fence posts may extend an additional six inches. e. In residential districts, fences along or within the front nonbuildable setback area shall not exceed 36 inches in height from finished grade. Fence posts may extend an additional six inches. (Code 1993, § 9-2.06; Ord. No. 19-02, § 1, 3-13-2019) City of Minneapolis Community Planning & Economic Development Planning Division 250 South 4th Street, Room 300 Minneapolis MN 55415-1316 612-673-3000 FENCE REQUIREMENTS 535.370. Purpose. Standards governing fences are established to promote the public health, safety and welfare, encourage an aesthetic environment and allow for privacy, while maintaining access to light and air. 535.380. Fence location on a zoning lot. Fences may be erected, placed or maintained along or adjacent to a lot line. The fence owner shall be responsible for properly locating all property lines before construction of any fence. 535.390. Fence encroachment onto public property. No portion of any fence shall encroach upon or project into any public right-of-way or other public property without the fence owner first obtaining an encroachment permit. 535.400. Prohibited fence locations. No person shall place, construct, maintain, or cause to be placed any fence that may endanger the public safety, including but not limited to the following: (1) Fire hydrant access. No fence shall obstruct free access to any fire hydrant (2) Site triangle. No fence shall be constructed or maintained within a distance of fifteen (15) feet from any street or alley intersection where the zoning administrator finds it to obstruct a driver's view of approaching, merging or intersecting traffic. 535.410. Fence maintenance. Every fence shall be kept in good repair, consistent with the design thereof. The property owner shall be responsible for maintaining the area between the property line and the owner's fence. 535.420. Fence height. Fence height shall be limited by its location as specified below. Except as otherwise provided in sections (1) and (2) below, the maximum fence height may be increased by two (2) feet if the entire fence is constructed of open, decorative, ornamental fencing materials that are less than sixty (60) percent opaque. For purposes of this provision, vinyl coated chain link shall qualify, hl no case shall a fence exceed eight (8) feet in height, regardless of location. (1) Front yard. Fences located in the required front yard shall not exceed three (3) feet in height. The maximum fence height may be increased by one (1) foot if constructed of open, decorative, ornamental fencing materials that are less than sixty (60) percent opaque. (2) Corner side yard. Fences located in the required corner side yard shall not exceed three (3) feet in height. The maximum fence height may be increased by one (1) foot if constructed of open, decorative, ornamental fencing materials that are less than sixty (60) percent opaque. In addition, the maximum height may be increased to six (6) feet beginning at the point of intersection of the corner side wall and the rear wall of the principal structure to the rear lot line. For the purpose of this section, open decks and porches shall not be considered part of the principal structure. Attention: Hyatt need other disability related accommodations, such as a sign language interpreter, accessible meeting site, or materials in alternative format, please contact 612-673-3220 (673-2157 TTY/VOICE) at least five days prior to the meeting. If you want help translating this information, call — Hmong — Ceeb toom. Yog koj xav tau kev pab txhais cov xov no rau koj dawb, hu 612-673-2800; Spanish — Atencion. Si desea recibir asistencia gratuita para traducir esta informacion, llama 612-673-2700; Somali - Ogow. 1-Iaddii aad dooneyso in lagaa kaalmeeyo tatjamadda macluumaadkani oo lacag la' aan wac 612-673-3500. Revised November 2007 (3) Figure 5354 Maximum Fence Height Fence He'ght 6ft Fence Height 4 ft Fence Height >+3tl Rear Yard Interior Side Yard Deck Point of Intersection Dwelling Corner Side Yard Front Yard Fence Height 6 ft —> Fenit. Height 3 ft --> Fe ice Height aft Interior side yard. Fences located in the required interior side yard shall not exceed four (4) feet in height. The maximum height may be increased to six (6) feet if the adjoining property has maintained a minimum interior side yard of five (5) feet along the entire length of the side wall of the principal structure. In addition, the maximum height may be increased to six (6) feet between the rear wall of the principal structure on the adjoining property and the rear lot line. (4) Rear yard. Fences located in the required rear or side yard and extending along the rear lot line shall not exceed six (6) feet in height, except that a rear yard abutting a required side yard shall be considered an interior side yard and shall be subject to the regulations for interior side yards. Along public streets. Fences not located in required yards, but located within five (5) feet of a public street or public sidewalk, shall not exceed six (6) feet in height. (5) 535.430. Fence design. Fences shall be constructed, designed and maintained as follows: (1) Permitted materials. Fences shall be constructed of wood, metal, bricks, masonry or other permanent materials designed for permanent fencing. No more than two types of related fencing materials shall be used in any fence and wall. Fences constructed of wood shall be resistant to decay. (2) Hazardous and prohibited materials. Fences shall not be constructed of electrically charged wire, razor wire, chain link with slats, chicken wire, rope, cable, railroad ties, landscape timbers, utility poles or any other similar materials or materials not specifically manufactured for permanent fencing. The cut or selvage end of wire or metal fencing materials may not be exposed at the top of a fence if the height of the fence is less than six and one-half (6 1/2) feet. Barbed wire may be permitted at the top of a fence if the height of the barbed wire is not less than six and one-half (6 1/2) feet and the fence is located in an industrial district not less than one hundred (100) feet from a residence or office residence district. (3) Posts and supporting members. All fence posts and related supporting members of the fence shall be erected so that the finished side or sides of the fence shall be facing the adjacent property or public right-of-way. (4) Snow fences. Institutional and public uses may erect snow fences exclusively for control of snow between November 1 and April 15. 2 City of RSEV!LLE Minnesota RESIDENTIAL FENCES GUIDELINES FOR CONSTRUCTING FENCES IN ROSEVILLE (See City Zoning Ordinance 1011.08 A & B for a complete listing of requirements) 1. The construction of a fence under 4 feet in height does not require a permit. 2. The construction of any fence over 4 feet in height will require a permit. 3. A fence not exceeding 4 feet in height is permitted in a front yard area but may not be placed on city right-of-way (boulevard). 4. A fence not exceeding 6 feet 6 inches is permitted at or behind the front building line as established by the primary structure on the lot. 5. On corner or through lots a 6 foot 6 inch fence may be located in a side or rear yard abutting a street right-of-way. 6. A fence may not be placed in a sight visibility triangle on a corner lot (measured 45 feet along each curb line). 7. That side of a fence considered its `face' (the finished side not showing structural supports) shall face abutting property or the street right-of-way. 8. Fences shall not be constructed of barbed wire, electric, weaved or welded wire: • Garden areas may have weaved or welded wire fencing up to 8' in height. 9. A fence, including post holes, must be located completely within property boundaries. • If you are planning a joint fence with your neighbor, a signature or written permission to straddle the property line must accompany the application. 10. For a fence enclosing a pool, or, a fence located in a bluff impact, shore land and/or wetland area, please contact this office for additional requirements. 11. Locating property lines is the responsibility of the property owner: • Permanent corner iron monuments are typically located below the sod level, at the corners of each legally divided parcel of land. The corner iron monuments can be found by using a certified survey, a metal detector, or contact a registered land surveyor to locate the monuments. 12. Two business days before digging post holes contact Gopher State One at 811 to locate underground utilities: • Gopher One will not locate sprinkler systems, power lines to garages, gas grill lines, etc. 13. For questions relating to residential fences, please contact the Community Development Department at 651-792-7080. 14. If the proposed work is located within Roseville Estates, located at 2599 Lexington Avenue, also contact the Ramsey County Health Department (651-266-1173) for additional regulations. 11; li Fire Stations Police Stations Recreational Centers Parcel Points Parcel Boundaries J tJ a) 71) Y / er Enter Map Description O O o_ 0 LO o- 12 St. Anthony - Land Usage FENCES § 150.070 DEFINITION. For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. FENCE. A partition, structure, wall, or gate erected as a dividing marker, baffler, enclosure, or visual obstruction, but excluding buildings and bushes, hedges, trees, and other living landscaping. (1993 Code, § 1320.01) LOT. An area of land intended for occupancy or use as permitted in the zoning code, and otherwise meeting the requirements of the zoning code. LOT LINE. The boundary line of a lot, except that where any portion of a lot extends into the public right-of-way line will be treated as the lot line. LOT LINE, FRONT. The boundary of a lot which abuts a public or private street, and in the case of a corner lot it is the boundary to the front of the building's principal entrance. LOT LINE, REAR. The boundary of a lot which is opposite the front lot line. If the rear lot line is less than 10 feet in length, or if the lot forms a point at the rear, the rear lot line will be deemed to be a line 10 feet within the lot, parallel to and at the maximum distance from the front lot line, for the purposes of determining setbacks. LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line. YARD. The portion of a lot between a lot line, and a building on the lot. YARD, EXTERIOR SIDE. A side yard which abuts a street or public right-of-way along the side lot line. YARD, FRONT. The area extending along the full width of the lot between side lot lines from the street right-of-way line to the principal building on the lot. YARD, INTERIOR SIDE. A side yard which abuts an adjacent side yard or backyard along the side lot line. YARD, REAR. The area extending along the full width of the lot between the side lot lines from the rear lot line to the principal building on the lot. YARD, SIDE. The area extending along the full depth of the lot between the front and rear lot lines form the side lot line to the principal building on the lot. § 150.071 BUILDING PERMITS REQUIRED. A building permit is required for the construction or alteration of a fence, and for any additions to a fence. The permit must be obtained in the name of the owner of the property on which the fence is or will be located. Applications must be made on forms provided by the city. The applicant must provide the Building Inspector with a set of plans and specifications for the fence. Permit fees must be paid in accordance with Ordinance 33.061 of the City Code. (1993 Code, § 1320.02) Penalty, see §10.99 Buildings, Housing, and Construction 13 § 150.072 REQUIREMENTS. (A)Location. Any fence constructed or altered after 6-3-1982 must be located entirely upon the private property of the owner to whom the building permit was issued. Ownership of the permit passes with ownership of the property. The fence must be set back a distance from the owner's property line sufficient to avoid encroachment onto adjoining private or public property or a public right-of-way. (B)Abutting public property. If a fence is or is to be adjacent to a street, alley, public right-of- way, or other public property, the city may require the applicant for the permit to locate and mark the property line abutting the public property by having a registered surveyor place permanent survey pins or stakes on the property line. If the survey information is not available and the applicant elects not to establish the property line by survey, the permit will not be issued unless the applicant signs an affidavit stating that the applicant is the owner of the premises upon which the fence exists or is to be located. (C) Fence size. All fence and wall heights shall be measured from the finished grade, except that the height of a railing, wall, fence, or screening affixed to a deck constructed on the ground but raised above ground level, will be measured from the elevation of the raised deck for that portion which is affixed to the raised deck. The grade at the fence line shall not be altered in any way that artificially increases the maximum permitted height of the fence. (1) Residential Uses. a. Front Yards. No fence shall be over four (4) feet in height within a required front yard setback. b.Side Yards. No fence shall be over six (6) feet in height. A fence up to six (6) feet in height shall be allowed on corner lots along the corner side behind the nearest front corner of the principal building. c.Rear Yards. No fence shall be over six (6) feet in height. d.Exemption. Fence heights as listed above in § 150.072, C, 1, a -c may be increased for the following types of fencing: 1. Sport Court Fencing. Chain link fencing surrounding the sport court may extend up to ten (10) feet in height above the sport court surface elevation and shall be located in the rear yard only. 2. School Parking Lot/Recreational Fencing. Chain link fencing surrounding the parking lot and/or associated with recreational space on a school property within a residentially zoned property shall not be bound by the restrictions of this section. (2) Commercial/Industrial Uses. a. Front Yards. No fence shall be over six (6) feet in height within a required front yard setback. Fences may extend to a total height of eight (8) with a security arm for barbed wire if a conditional use permit is obtained. b.Side Yards. No fence shall be over six (6) feet in height. Fences may extend to a total height of eight (8) with a security arm for barbed wire if a conditional use permit is obtained. c.Rear Yards. No fence shall be over six (6) feet in height. Fences may extend to a total height of eight (8) with a security arum for barbed wire if a conditional use permit is obtained. 13A Buildings, Housing, and Construction d.Exemption. Fence heights as listed above in § 150.072, C, 2, a -c may be increased for the following types of fencing: 1. Sport Court Fencing. Chain link fencing surrounding the sport court may extend up to ten (10) feet in height above the sport court surface elevation and shall be located in the rear yard only. 2. Loading Docks. The height of screening (fencing) for loading docks within view from a public street or adjacent residential or public property shall not be less than ten (10) feet in height and shall have a minimum opacity of ninety percent (90%) unless otherwise approved by the City Council through the site plan review process. Fencing/screening materials used for screening of loading docks shall be comprised of a wall or fence that is harmonious with the primary structure. 3. Trash Containers. Trash dumpsters and other trash containers shall be screened on all four (4) sides using an enclosure that is a minimum of one (1) foot above the top of the container. The trash enclosure shall be constructed of materials that are harmonious with those of the principal structure and have a minimum opacity of ninety percent (90%) opacity. A gate or door of the trash enclosure shall be closed at all times except as needed to access the trash container. (3) Recreation/Open Space Uses. a.The provisions of this Section shall not apply to any fence now erected or hereafter erected on land within the Recreation/Open Space Zoning District. (D) Traffic view. (1) Vision Triangle at Streets. No fence shall be placed in such a manner as to materially impede vision between a height of two and one-half (2 1/2) feet and ten (10) feet above the centerline grades of the intersection of two streets such that a clear line of vision is possible of the intersecting street from a distance of twenty-five (25) feet along the edge of each street and the third side being a line connecting the other sides, unless otherwise required or approved by the Zoning Administrator or other Authorized Agent. All distances from county, state, and U.S. highways shall be approved by the applicable permitting authority as needed. (2) Vision Triangle at Alleys and Driveways. No fence shall be placed in such a manner as to materially impede vision between a height of two and one-half (2 %2) feet and ten (10) feet above the centerline grades of the intersection of a street and alley or driveway such that a clear line of vision is possible of the intersecting street from a distance of fifteen (15) feet along the edge of the street and along the alley or driveway, and a third line connecting the other sides, unless otherwise required or approved by the Zoning Administrator or other Authorized Agent. All distances from county, state, and U.S. highways shall be approved by the applicable permitting authority as needed. (E) Swimming pool fencing. Fences or wall intended to serve as a swimming pool barrier shall comply with the provisions as outlined in §150.053. § 150.073 CONSTRUCTION AND MAINTENANCE. Every fence must be constructed in a substantial manner and of substantial material, reasonably suitable for the purpose for which the fence is intended as listed in the criteria below. Any fence which is Buildings, Housing, and Construction 13B dangerous by reason of its construction or state of disrepair or is otherwise injurious to public safety, health, or welfare is hereby declared to be a nuisance. (1993 Code, § 1320.04) Penalty, see § 10.99 (A) Fences and walls shall be constructed in a manner and of such materials that do not adversely affect the appearance of the neighborhood or adjacent property values. Fences shall not be constructed from poultry netting (chicken wire), welded wire, snow fence, branches, or materials originally intended for other purposes, unless upon the showing of a high degree of architectural quality achieved through the use of such materials, and prior approval is granted by the Zoning Administrator or other Authorized Agent. (B) Fences and walls hereafter erected shall be durable, weather resistant, rust proof, and easily maintained. (C) Fences shall have structural supports (posts/footings) as required by the Building Official. (D) Fences and walls shall be constructed of new or like new materials. (E) The finished appearance of fences and walls shall be constructed with the higher quality finish directed toward the exterior of the property if the visual quality of the fence or wall is not the same on both sides. (F) The framing and posts of wood, chain link, picket, stockade, and decorative metal fences shall face the inside of the parcel area fenced. The side of the fence considered to be the face (facing as applied to fence posts) shall face the abutting property. (G)No more than two (2) types of related fencing materials shall be used in any fence and wall. (H) Both sides of any fence or wall shall be maintained in a condition of reasonable repair and appearance by its owner and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private. (I) The property owner is responsible for providing proof of property line location. (J) Retaining walls shall not be placed within any drainage, utility or ponding easements unless also reviewed and approved by the City Engineer. § 150.074 PROHIBITIONS. It is unlawful for any person to construct and maintain or allow to be constructed or maintained upon any property located within the city limits any barbed wire fence, unless otherwise authorized herein, spiked fence or any fence which is charged or connected with electrical current in a manner as to transmit current to a person or animal which might come in contact with the fence. (1993 Code, § 1320.05) Penalty, see § 10.99 (Amended Ordinance 2013-01; September 10, 2013) Calendar Departments Maps News Room Search (/calend8)en Infornta ien rtmenls) ConnecTrttps://stpayobrrlApavaaergiorOm/apps/MlnimalGallery/index.html? NN appid=8I63a199754d4367b85ee928026b58a14) (https:(/information.stpaul.gd¢pnnect) (/department)✓human- resources obs) Saint Paul Minnesota' RESIDENTS The most livable city in America (/RESIDENTS) BUSINESSES (/BUSINESSES) GOVERNMENT (/GOVERNMENT f3 VISITORS (/VISITORS) Departments (/departments) // Safety & Inspections (/departments/safety-inspections) // Construction Inspections (/departments/safety-inspections/construction-inspections) // Building (/departments/safety-inspections/construction-inspections/buildincil Fence Plan Review / Permit & Inspections Building a Fence in Saint Paul What is required? A Fence Plan Review is required for any fence up to 7 feet tall. To apply for a Fence Plan Review you will need: A completed Fence Plan Review Application Form Popular In This Section Dog License (/departments/safety- inspections/animal-control- information/dog-license) Building Information & Applications (/departments/safety- inspections/construction- inspections/building/building- information-applications) Building Trade (/departments/safety- inspections/licenses/building-trade) Permits (/departments/safety- inspections/permits) Online Permits (/sites/default/files/Media%20Root/Safety%20%26%20lnspections/dsi.fenceplaorn vjpwerrm, itmfiefion.pdf) A survey or site plan showing the proposed location of your fence (see sample site plan below) Fee ($40 for the first 200 lineal feet or fraction thereof and $13 for each additional 100 lineal feet or fraction thereof) A Fence Permit Application Form ses de aul es edia%20;oo Sa e %20%26%20 s•ec'ois ds. eice•laire inspection are required for any fence greater than 7 feet tall. Please, follow the same directions as above but also include a completed Fence Variance Application Form inspections/permits-and-licensing) Department of Safety and Inspections -Zoning (/departments/safety- Inspections/zoning) Vacant Buildings List ptttitarppli6giov,pdf) and inspections/vacant-buildings/vacant- buildings-list) (/sites/default/files/Media%20Root/Safety%20%26%201nspections/DSI.Bldg%20Ferftea0higrtaiTitap86atutdor $76 nonrefundable variance application fee. Click here (/departments/safety- for the fence inspection procedure for fences greater than 7 feet tall. (See Section evaluator) 33.07 of the City of Saint Paul Code of Ordinances Accessory Dwelling Units (https://www.municode.com/library/mn/st. paul/codes/code of ordinances? (/departments/safety- nodeld=PTIILECO TITVIBUHO CH33BUCOIN S33.07FEEO) for nonresidential uses in residential zoning districts that allow a fence height taller than 7 feet.) Once your application has been submitted a Plan Examiner will review your plan for compliance with location and height requirements. Upon approval, you may proceed with the installation of your fence. A fence inspection is not required except for fences greater than 7 feet tall, swimming pool fences, or barbed wire fences. How do I submit a Plan Review / Permit application? 1. By Fax at (651) 266-9124. The credit card information section must be filled in and signed for payment. We accept American Express, Discover, MasterCard and Visa. 2. By Mail to the Department of Safety and Inspections, 375 Jackson Street, Suite 220, St Paul, Minnesota 55101. Checks are payable to City of Saint Paul, or if paying by credit card, please include your credit card number and signature. 3. In Person at 375 Jackson St, Suite 220. Fees are payable by cash, credit card or checks made payable to City of Saint Paul. Where can the fence be located? The City of Saint Paul encourages you to discuss your fence with your neighbors before installation to help avoid a costly property line dispute. Your fence and all supporting structures must be located entirely inside your property line. The fence cannot be on the property line, on a neighbor's property or on public property (boulevard, right of way, sidewalk area, etc.). It is your responsibility to know where your property line is, so make sure you have the property markers located before you install your fence. You may wish to hire a professional surveyor to identify your property lines, although it is not required for fences less than seven feet tall. The City of Saint Paul cannot locate your property markers and does not settle private property line disputes among property owners. How tall a fence can 1 build? Front Yard: Fences in the front yard shall be no more than 4 feet tall. Side and Rear Yard: Fences in the side or rear yards shall be no more than 7 feet tall. inspections/permits/building- permits/accessory-dwelling-units) Short Term Rentals (/departments/safety- inspections/licenses/short-term- rentals) Short Term Rental Host (/departments/safety- inspections/licenses/short-term- rental-host) Related Events 1/13/20 - Board of Zoning Appeals Hearing (/calendar/board-zoning- appeals-hearing) More Events (/calendar/? field_department_tid=786) News 6/27/19 - City of Saint Paul and Minnesota United FC unveil monument honoring landmark clean water infrastructure (/news/city- saint-paul-and-minnesota-united-fc- unveil-monument-honoring- landmark-clean-water) More News (/news/? field_department_tid=786) Corner Tots: On a corner lot at two intersecting streets, fences shall be no more than 2 feet tall in the triangular area of the lot, 10 feet from the corner, unless the fence is more than 80% open (chain link). See figure. A variance may be granted for fences that exceed height requirements. A nonrefundable variance application fee of seventy dollars (S70.00) is required for each variance request. To apply for a fence variance, submit a completed Fence Variance Application Form (/sites/default/fries/Media%20Root/Safety%20%26%201nspections/DSI.BIdg%20Fence%20Variance.pdf) along with a Fence Permit Application Form (/sites/default/files/Media%20Root/Safety%20%26%201nspections/dsi.fenceplanreviewpermitapplication.pdf) and . In most cases, a Fence Variance will be approved / denied within 1-2 business days. w ALLEY Garage House SIDEWALK STREET Maximum 7 Feet Tall Maximum 4 Feet Tall Maximum 2 Feet Tall or 80% Open (/file/images/safety-inspections/dsibldg-fence-plan-color) Swimming Pool Fences All swimming pool fences are subject to a Fence Plan Review (see requirements above) and must be inspected by a Saint Paul Building Inspector. Swimming pool fences must: • Be enclosed by an obscuring fence 4 feet tall on residential properties, or by a 5 feet tall fence on properties containing three or more residential units or commercial structures. • Gates must be self-closing and self -latching, with the latch on the inside of the gate, not readily available for children to open. • Gates shall be capable of being securely locked when the pool is not In use. • Commercial and multi -family residential swimming pools require approval from the Minnesota Department of Health (651) 201-4500. Barbed Wire Fences All barbed wire fences are subject to a Fence Plan Review (see requirements above) and must be inspected. No barbed wire fence shall be constructed within the city limits of the City of Saint Paul, except for police and correction facilities, unless the following conditions are complied with: 1. No fence which uses barbed wire may be built in or abut a residentially zoned district or built on or abut a lot occupied residentially. 2. Barbed wire, not exceeding 3 strands, may be permitted on the top of a fence; providing that the arms do not project over public property. The minimum height to the bottom strand of the barbed wire shall not be less than 6 feet from finished grade. 3. In all cases where a barbed wire fence is requested, an application shall be made to the building official. 4. A certificate of insurance indemnifying the City of Saint Paul shall be submitted with the application subject to the approval of the city attorney as to form and in an amount as set forth in Minnesota Statutes, Section 466.04. Fences in Historic Districts All fences in historic districts are subject to a Fence Plan Review (see requirements above). All fences in historic districts are also subject to a Design Review by the Heritage Preservation Commission (HPC) (https://www.stpaul.gov/departments/planning-economic- development/heritage-preservation/design-review-applications) staff. NOTE: You may apply for the Fence Plan Review and the HPC Design Review simultaneously, but HPC approval is required before the Fence Plan Review can be approved. Call Before You Dig Before you start your fence project, visit www.gopherstateonecall.org (http://www.gopherstateonecall.org/). Minnesota state law requires that you contact Gopher State One Call before you start any project that requires digging to avoid costly underground utility damages or even deadly accidents. SAINT PAUL AAAA 15 Kellogg Blvd. West l Saint Paul, MN 551021 General Information: 651-266-8989 Home (1) 1 Translate This Page (http://translate.google.com/translate? u=http://www.stpaul.gov/departments/safety-inspections/construction- inspections/building/fence-permit-inspections&langpair=enles&hl=en&ie=UTF8) I Website Policies (/website -policies) 1 Local Tax Notification (/departments/financial-services/sales-and-use-tax-0) I Photo Credits (/photo -credits) You i Tube (http://fOltpmf1. SIM it Alel • ‘" Cj{�� "�, Ftp! 1 7 F ,t • v,. l,i ,1 .•� \ •k. - Yktis J '``' ,;r+isv .lel;, It., 0. te.. �tl'RNis!■Lntilif•.•.'•4,, •, 'i ! 69.! - S: ;lit,fItE 4.c �'°'' t1k. ®� �.`r -k::-exLi •^^l,i 4'.s'' ..�� .-It'''''')' .cn .4;:.. �tt ilr¢g 4:. '' _� w 1 N`�►" 'IV!' IV y;v art•` ��� } e �. •.�$ ��7�a v� •ft4`. ;raj •1 `�V': 1 ■ Ztr � ' j t '1s'a r r�>•r f,;,. ,r y �.: ,e 11-.. • 77 14 r2. /l .P • ,_yy • 41t(P:'4.11111;:d.r-'4.!;:k7:4-- -4-0744:6140.%Ce.A"v'..A.10. ., ;c.v. 4..tEi- • roil., :i'/ '�` -s� rte: a ,•, t�•j s 1i ar r rt. �3gie tt1' V• tfoni e1�"r :iy N f r44. P Pig a ,, j '7.141 ktil,:i VI off, !lam! y;;. LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action Resolution Work Session Meeting Date February 25, 2020 ITEM NUMBER STAFF INITIAL IT Services/Metro I -Net APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: For many years, there has been on-going discussion around our shared IT services with the City of Roseville and effectively many other governmental jurisdictions. Lauderdale was the second city to enter into an IT services agreement with the City of Roseville and now about 35-40 organizations have done the same. This large group continues to operate via one-to-one agreements with the City of Roseville. The goals for many, many years has been to approve a joint powers agreement that would create a structure for the management of the organization. I was a member of a committee about eight years ago that worked on this issue. The process ultimately was detailed by a few cities that wanted to remain a part of Metro-Inet but didn't agree to the terms being considered. They felt they could exercise more influence in an agreement with Roseville than as a member of a joint powers board. With the retirement of the Roseville employee that created this amazing cooperative ar- rangements forces the need to consider again the best method to structure and management the organization. This time around, they are asking cities to discuss the matter with their elective boards to see if they want to remain part of Metro-Inet. I think this is a good first step to bring the matter to the attention of the elective boards and give cities an off -ramp if they don't want to be a part of the changed structure. OPTIONS: STAFF RECOMMENDATION: R4SEVILLE City Manager's Office Memo To: Metro I -Net Members cc: Pete Bauer & Jason Swalley, Metro I -Net From: Patrick Trudgeon, Roseville City Manager Date: February 7, 2020 Re: Metro I -Net Member Meeting, February 13, 2020 Attached is the agenda for the February 13 Metro I -Net member agency meeting. As can be seen from the agenda, I will be providing you an update on the work of the Metro I -Net subcommittee working on the creation of a joint powers entity for Metro I -Net. We have created the basic framework upon which the joint powers entity will operate under but before we move too far down the road with that document, I, along with the Metro I -Net subcommittee (Patrick Antonen, Circle Pines, Mark Beer, Mounds View, Mark Casey, St. Anthony, Mychal Fowlds, Maplewood, and Doug Snyder, Mississippi Watershed Management Organization) wanted to meet to discuss securing commitments from member agencies to be part of the new joint powers entity. Since our meeting last September, we have determined that the best course of action for all members of Metro I -Net, including Roseville, is to create Metro I -Net as a joint powers entity. The change to a joint powers entity will be a complex transition that will take some time. Therefore it is imperative that we get commitments from Metro I -Net members as soon as possible so that we can properly create and manage the transition to a joint powers entity. At our February 13th meeting we will ask for you to begin your work in determining whether or your agency will be part of the new Metro I -Net joint powers entity. For many agencies, you will need to check-in and/or gain approval from your governing board before you can give a firm commitment. That is understandable and expected. At our February meeting, we will provide you information that will describe the need to change to a joint powers entity and what that will mean for your organization. In order to keep on schedule, I will be asking for you to come to our next scheduled meeting on March 26 to inform us of whether your organization will be part of the Metro I -Net joint powers entity or if you will be changing to another IT service provider. I realize that this schedule may seem rushed, but we do need to make determinations in the very near future to ensure that we can have a timely and successful transition to a joint powers entity. We must know how many members will be joining the Metro I -Net joint powers by the end of March so we can plan and budget accordingly for 2021 and beyond. In addition, if your organization chooses to not be part of the Metro I -Net joint powers entity, you will need time to find and transition to another provider of IT services by the end of the year. In any case, we will have time at our February 13111 meeting to discuss in greater detail, but as I said earlier, I wanted to give you a preview of the meeting so you can begin thinking what your organization should do regarding IT services. • Page 2 m tea) a a) o n30 •0 N CD CO- (-/-) Qc 0c� t y) .� c��� p• o_Ja1)J u�_ 00 ( 3°' oU o : >p i0 0ii� O005 4)O) c E m (o c (a a) J C C° Y U N N (0 N (0` 0moo0�o o. CO ° O mi0 0 E U � �—) -tZ N co @jL �� ((0 C a) O „a, - (ti c — = N (B N N> 0 m c0- 0 n3 0— 0 .}, a.0) 0 N c6�o=o -0rnc J 0._ E. N o . 0 Umac (0 o c O OE' coXZcOa • Q EWJJ a)> ` Q.m a) 6-6 ai ate) ▪ a) WE ,5ccLoccn E •+-� a) c o se al co m 0 Z A • ns • E(1) --a wm >7.o� � � N 2c� c 0 EVJ > CD Q O '� CD 0 V O Eio'u) ▪ 111 Tn. •C0 .>7. g •Q) = 0 a) 0 9 o -a a):E(o E 0 M 0 c 0 . VUca 0) c o L c mu)_ -1-' c 'o o U � o U i c 4) o E a) L o ( o o - 0- o 3-"‹ 5 2020 Metro 1-Net Work Plan -0 O CC5 0 C5)-O0cCocia3 i a)) ® 2u) — cn 0 U 0�-� Ur?,'N 00 0c0 .cEo 0 0®._ 0 U%- p c O)�00� ®co -g)--E- -C37.1. -6"5 (6U)C0 >UE -c JOc C �°=0(li c o tea_ ao U-0 0_ 0 U) . . . L 0 O }, 0 4 >, 0 WI 'O 0 >N ®0 0 =— 0 --c 0) 0 -E-' 0 IP CO 4 C 0 co 0 ([5 0 0'E5 0 0--I 2 0cccipc OU"0p c ®a) mom° .- a)o Off® 0�� a).'00-- c `d)) 2 tic 8 2 8 I) g - '7; 5 ®— 6, 0 � 8 0 I-® = 0' UOCITO® L '� 0 0 1 -Net Joint Powers Status of Metro a) sic-= c 0 jEcuo 0.�C) Hca >��°) OOo 0)4C-,1) o -15 .c co E S3 :2 .i,_-_- co .-c - ca W -oma �� z co a) 6 co z..1. f a) a) 2 Fn ® O a) 10 2 ®-fEj Z6 o O O i O N O = O o (-9 _a O O O r E E E O O 2 O O C -0 (L2_ � L L: _`_ aj a) O 0 :"Ej a) O 2 O 0 a) O a) 4-stj4-j O -�+ O a) _O O '� ® .0 L Q 00 U) + 000..2 (3< (o _0 co 0 (s3 0 N_O o U TO • • CO L_ 0 i -�-' O -45 �4 O N O L_O O . O 5 2 O O -0 O > O O = C6 O U O O a) 2 i O . O > c 65 O a) F- _c 2 2 _0(1) (>. 0 (o = 0 O • • z O L a) c 0 wJ 2 > 0 _c a0 C OHO P...-) 0 >,-0 (7) a) E o .-c)..E w 0 25 a t; 2 2 Eo E 2 Do 2 (D> i 4..a0 Au)0) U�(8c ....;:-,- to ><c"c 0c O) ca (n•— () L OO� >O• tnCO c O 0 - ., � (/) , CO CU ®ai4)®u)0 UOAco-5c a) as ox 7:3 (1) (I) 73 -PO -cu,O 0J) _c 0 0C ®; F 0 0 d- 4= H 73_0 (O N� L Li! N_ 0) 0 • • • Cost impacts a) 4-1 E a a al- Sffi 0 0_ § o®�-65 _ .o o a) cii c .� co CO CO -0 '''E° :4 -C- j CY. ) -g ow a) -o cs CD O® O O c O (13 (D o 1 a_ -ca.•; 45 to{f} O -1-'co o i u) N a) ®-,—' O ca �' N-- as co Y1. O -o c O O (Ci c1) a)s_ -�+ o co N N 0) Q 0 c3 O® v t N W '.. .ti dl 4;; S', n VI M 2 .4 to of 0 mN rm ai) V4 Vt N m Vl m 6 o ow 0 VI 6 o wmow"" 0 0 05 rtr o 0 0 rl 4.1` tIl 6 1. r� 0 VI I 1 G4 & 1 I C1:} -1 '1 P4 Orli 1 Li0 Q4 >? A r•• .4 r1 rl ir4 44 0 1 1) f m I'- r- M f•• 1D 114 rl (flj 1/1 +1' 1 fa CO N 1,1 7 04 40 11 ,L 01 Jl rl 1.1 til I- -1 4 0 {i 1•) +a lb V M . o t"' .i r1 M (1) 11'4 0, W 11 c ow w m n 5 m e o 4 Pt ii O V) rI eo ra m tn h h4 m .-1 M Ot m V1 VI 1= c} V' tn m m'. or1i r P M r-, l!) m O 40 V4 O O .-I I.0 H r! t4 m to +n OO 0 U7 W V4 N m :-1 m cY} M M 01 vv t/'1 0 ,q� 4 C1..1 1414 () V1 Y)) j t e --I r-1 121 41 kl y VI V 40 r V) V1 f1 0) V) to r.1! k to t'1 V1 a=4 h V) P,5 C'I 2.'D V4 VI Yt .0 '.. c dull 'C 1,4 a oo 5 b � T df ltb 4 C hl S4 Tr i� V) t13 f+j, 1, m N O a' M M m cd m V1 V) N Ui m5-4 i.14 Lt A N w' O.q. H N V40 H m` M h h m .=1 • I M N to N h 1P UM 4 V) O N r{ -1' M til4 V4 V) �t r1 r a .0 VI I - •) w a; V1 rr1 N h, 0 a{ -1 'r' 'j) u) fiI R , 41 ) l Yli H 04 40, m l') 1.1 ).YI N in )( r, lr) KO to 10 41 t 1: =l' 1,1 0) ry 0 M 0 VI 1--- 1< ca m w r pi 1.1 v'r 3 p 15 g:. LLl1 dt b M M li p. V) 135 w m Vt t+ d Ia4P, O m r- V• N ID ItIt,, m'4 V1 M 6 M K ,4 iA N 1',J `1 0 Ib tb m M « 8 V4 0 di w 4N4 V) m m m M1 v V 0 M r- -1 4t1, V1 a1 W 4,1 I't •-1o1- V1 L0 a -`2 t , 0 11..1 4/1 S r 01 V4 1... nt 01 VI to 1vf VI W,-1 O N p Vl In 11:1 W tL "g 67: 0 0 44 0 VI m 4 V4 C ia Pi. sa VY �D ': t C m rl V) V! O 1'+ rt V4 rI Q f+ N V1 41 2P1 N ' N 4/4 t} 111, N.1, N 4 111 +h rl N U4 40 4 N V1 4.4 tt4 [.4 0d O r1 la 4 4 r± o4 q• "J M N l0 r Gj 4T 0 '? 1', m 44 0)1,1 O 1-, 1-,L t. P� M 2 m M N m "4 l0' N 4 r v4 lb 44. 4 " m v) r- m. M •t v-4 Li. 00 Li. H VI Irl 6d 0 d' '0 44 M D3 d 1-1 1P +-1 4Y r4 4' N vt V) sr 'art O 0 M vt $ 44,321 $ 141,641 a .� °�° a ro [ Qj a) rri w a� .4 ut tll M F tt m in n N Ds, M . w N VZ m n t -i vti h N 4 n N to 0 bt O4 Ik m 4ig N" r1 V) + r41 CO t) m V' �r Vi rj r'*. a .. G p, ro. U: 14 0 sb M .Y 10 V) N ,., V4 N rl V) Vt 01 m rf 0 m h ui 0 10 M w ri VF SO h ■t N rl V4 VI h tr H 0 c� Pa h! Y? 0 10 c 07 wo .. Q m M In Ul H "10 yr Md 1, in U4) D rirP 10r 4 N t1r,ryh ti +r In m© nmui 10 � Vr � V? a a: E, a 6 t'- M OM" ni V4 V1 W " iN >11 ` - 1 ui Vl Vk O V). �-1 vl °L O N 1R H t�r1 m VI- p0 0Y i'� to vi H N 10 R M ,r4 r4/) md' hl i 1P �7 1r/ 4A AGENCY ID NAME dim ro o pci o a in tciL I I o I l 10I 1 1 1 O O O E O O 0 a) U c6 1- o Q 4-1 cu NO M i L G) 0 c -2 Ci O 2-2 UL O O • .= 0 _o) 2 2 E O c u 4) ; c O -(7)• > O (T3>_ 0 = 0) . ® O) O cn c To O 0)z c ®.O! -0 co 0s- (1) O N-155 co W 0) 0 O 0)O ci)-.O c O c O c O 0 0_ 4) O O s— 0 C (T3 >, O (s 2 O2 O 0 C > U (t3 O 0 0 4- 165 a) 4J c o -E. .2w O a)s_ oc O 0 o -0 o • 0 0 0 o) IH w j V 0o 0 c CO a) 0 o U 2 o 0.& o c co co a) c 44, a> TO Li - 45 0 CO (t5 Q. 4., J c L cn�� -c ® cO S (3 -o c Wu)U-Q Cv ® CO -��-, . = -§°- a) `0 LllCC+-J ) a -, Co :— co O m 0) .NCCi4E 73 (t5 S.-, U 16 i 8... .C.,s,70, tt-c... .r > i (o 0-0 O -1.--1c3 0 p p W 0 0 >, >, CD --C • 2 " § O0 . --, -o 0) 0 4-a -4.-N C� wc O a) co .>® 0 _EL) +- a) " co ' > ®® U® - p ; LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action Resolution Work Session X Meeting Date February 25, 2020 ITEM NUMBER STAFF INITIAL APPROVED BY ADMINISTRATOR Comcast Fiber Agreement DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: With the most recent franchise agreement with Comcast, the City lost the use of the fiber to City Hall for internet/data transmission to Roseville (although it is still used to transmit broadcasts to CTV). To maintain adequate internet access and security, the City had to enter into a "Managed Services" agree with Comcast at a cost of $487.61 per month. Roseville IT has been in discussions with Comcast to go back to the fiber connection as it is better for transmitting our data to them. They have worked out a new agreement with Comcast for use of the old fiber connection that also would save a few dollars each month. By adopting the Dark Fiber Lease Agreement that follows, the price per month would be $413.00. The con- tract lasts for five years. OPTIONS: STAFF RECOMMENDATION: Motion to enter into the Dark Fiber Lease Agreement with Comcast Business Communica- tions, LLC as presented. Comcast Business Communications, LLC Dark Fiber Lease Agreement This Dark Fiber Lease Agreement ("Agreement") is made on the 18th day of February, 2020 ("Effective Date") by and between Comcast Business Communications, LLC ("Company or Comcast") with offices located at 1701 JFK Blvd., Philadelphia, PA 19103 and City of Lauderdale ("Customer"), with offices located at 1891 Walnut Street, Lauderdale, MN 55113. Herein, the above shall be collectively referred to as the "Parties" and individually as "Party". Description of Facilities ("Facilities") to be provided by Company to Customer: Dark fiber strands as set forth in Schedule A attached hereto. Term of Agreement (months): Sixty (60) A reement Number: MN-10682530-surquh Non -Recurring Charges ("NRC"): $0.00 f Monthly Recurring Charges ("MRC"): $413.00 Any Additional Charges/Explanation: Number of Sites: Two (2) Facility Availability Date: Upon the mutual execution of this Agreement Notes / Comments: Sales Person: Steven Urquhart Telephone Number: (651) 493-5139 General Manager: Chris Prekopa Date: Telephone Number: (720) 357-3264 Customer Contact: Heather Butkowski Telephone Number: (651) 792-7650 This Agreement sets forth the terms and conditions under which Comcast will provide the Facilities identified above to Customer. This Agreement consists of this document ("Cover Page"), the standard General Terms and Conditions attached hereto ("General Terms and Conditions"), and Schedule A, and any jointly executed amendments ("Amendments"), collectively referred to as the "Agreement." In the event of any inconsistency among these documents, precedence will be as follows: (1) Amendments, (2) General Terms and Conditions, (3) this Cover Page, and (4) Schedules. This Agreement shall commence and become a legally binding agreement upon mutual execution of this Cover Page by the Parties. The Agreement shall terminate as set forth in the General Terms and Conditions. All capitalized terms not defined on this Cover Page shall have the definitions given to them in the General Terms and Conditions. All modifications to the Agreement, if any, must be captured in a written Amendment, executed by an authorized Comcast Vice President and the Customer. All other attempts to modify the Agreement shall be void and non- binding on Comcast. By signing below, the Parties agree and accept the terms and conditions of this Agreement. City of Lauderdale Comcast Business Communications, LLC Signature: Signature: Printed Name: Printed Name: Title: Title: Date: Date: Page 1 of 6 CONFIDENTIAL and PROPRIETARY rcv. 10.10.17 GENERAL TERMS AND CONDITIONS SECTION 1 - SCOPE 1.1 Company will lease to Customer the strands of Company's multi -strand single mode fiber-optic cable (the "Facilities," which may be referenced herein as the "Services," but no service other than the provision and maintenance of these Facilities is provided under this agreement), which strands shall originate at the points and terminate to the Customer "Buildings" and at the prices as set forth in the attached Schedule A attached hereto. These strands and all related facilities and equipment are hereinafter referred to as the "Facilities." Customer agrees that it will light and immediately use all strands for its broadband needs. The Facilities are provisioned into each Building at the point of interconnection between the Comcast -owned Facilities and Customer's provided equipment located at Customer's Building ("Demarcation Point"). 1.2 The Facilities do not include connection to the public switched network, building wire, any Local Area Networks ("LANs"), Customer Premise Equipment ("CPE"), IP addressing capability, firewalls or any other equipment, electronics, or wiring required on the Customer's side of the Demarcation Point. 1.3 Upon the request of Customer, Company will consider providing other facilities or services to Customer at terms, conditions, and prices to be mutually agreed upon in writing between the Parties. SECTION 2 - INSTALLATION 2.1 Customer, at no cost to Company, shall secure throughout the Term any easements, leases or other agreements necessary to allow Company to use existing pathways into and in each Building to the Demarcation Point. 2.2 Subject to the terms of this Agreement, and at no cost to Company, Customer shall provide adequate environmentally controlled space and electricity required for installation, operation, and maintenance of the Facilities within each Building. 2.3 Company and its employees, agents, lessees, officers and its authorized vendors will require free ingress and egress into and out of the Buildings in connection with the provision of the Facilities. Upon reasonable notice from Company, Customer shall assist Company in accessing each Building. 2.4 If the presence of asbestos or other hazardous materials exists or is detected, Customer must have such hazardous materials removed immediately at Customer's expense or notify Company to install the applicable portion of the Facilities in areas of any such Building not containing such hazardous material. Any additional expense incurred as a result of encountering hazardous materials, including but not limited to, any additional equipment shall be borne by Customer. 2.5 Company shall have no obligation to install, operate, or maintain Customer -provided facilities or equipment. 2.6 Customer shall be responsible for providing maintenance, repair, operation and replacement of all wire, cable facilities on the Customer's side of the Demarcation Point. Any CPE and wiring that Customer uses in connection with the Facilities shall be compatible with Comcast's other facilities, equipment, and services provided to itself or any other party (the "Network"). 2.7 Customer shall use reasonable efforts to maintain its property and Buildings in a manner that preserves the integrity of the Facilities and shall promptly notify Company of any event that affects such integrity including but not limited to damage to the Facilities or Network. rev. 10.10.17 2.8 At such time as Company completes installation and connection of the Facilities and equipment, Company shall then notify Customer in writing that the Facilities are available for use and the date of such notice shall be the "Service Date." The current notice form is called the "Customer Site Service Acceptance Document" ("Acceptance Form"). Company niay update, modify or replace the service notification form from time to time without notice to Customer. 2.9 Any other failure or refusal on the part of Customer to be ready to receive the Facilities shall not relieve Customer of its obligation to pay charges for any Facilities that would otherwise be available for use. 2.10 Customer -Provided Equipment (CPE). Company shall have no obligation to install, operate, or maintain CPE. Customer alone shall be responsible for providing maintenance, repair, operation and replacement of all inside telephone wiring and equipment and facilities on the Customer's side of the Demarcation Point. All CPE and wiring that Customer uses in connection with the Facilities must be fully compatible with the Facilities. Customer shall be responsible for the payment of all charges for troubleshooting, maintenance or repairs attempted or performed by Company's employees or authorized contractors when the difficulty or trouble report results from CPE. SECTION 3 - OWNERSHIP, IMPAIRMENT, AND REMOVAL OF THE FACILITIES 3.1 The Facilities and all other portions of the Network are and shall remain the property of Company regardless of whether installed between, within or upon the Buildings and whether installed overhead, above, or underground and shall not be considered a fixture or an addition to the land or the Buildings located thereon. Customer agrees that it shall take no action that directly or indirectly impairs Company's title to the Facilities or Network, or exposes Company or the Facilities, Network, or any Company -provided equipment, or on the rights or title relating thereto, or any interest therein, to any claim, lien, encumbrance, or legal process, except as otherwise agreed in writing by the Parties, and Company will promptly at its own expense take all actions necessary to remedy any violation of this provision. 3.2 Company retains the right to remove the Facilities or Network including, but not limited to, those portions that are located in the Buildings. To the extent Company removes such portion of the Network; it shall be responsible for returning the Buildings to their prior condition, reasonable wear and tear excepted. 3.3 In accordance with the Federal Communications Commission's Order in FCC 99-216, released August 11, 1999, the Parties agree to the terms set forth in this section. All equipment located on Customer's premises installed or provided under this Agreement by Company is an integral component of the Facilities provided by Company and will only be used in connection therewith. All right, title, and interest in the Facilities and any other equipment or facility provided by Company shall, at all times, remain exclusively with the Company, shall not become a fixture to Customer's premises, and must be returned to Company at the conclusion of the Term (unless a new similar agreement has been executed or is being actively negotiated by both parties) in the condition in which it was received, subject to ordinary wear and tear. All rights of Customer to the Facilities shall cease and Company may, at its option, disconnect, terminate, remove or use the Facilities for any other purpose. Company may use such equipment and it's Network in any lawful manner, including supporting its network or providing service to other customers and Customer will not sell, lease, assign nor encumber any equipment provided by Company. Company does not provide any option to Customer to purchase any Page 2 of 6 CONFIDENTIAL and PROPRIETARY such equipment. Customer agrees not to interfere with other customers' use of the Company services or equipment, including any Company equipment located on Customer's premises. Customer represents and warrants that its internal communications systems, such as a Local Area Network ("LAN"), would continue to function if disconnected from the Company Network or disconnected from any on -premise equipment provided by Company. SECTION 4 - COMPENSATION; PAYMENT 4.1 The Non -Recurring Charges ("Non -Recurring Charges" or "NRC") and Monthly Recurring Charges ("Monthly Recurring Charges" or "MRC") for the Facilities are set forth in the attached Schedule A and on the first page of the Agreement. Upon the availability of Facilities, Company shall invoice Customer for the NRC and Customer shall pay Company one hundred percent (100%) of the NRC. Unless otherwise stated in this Agreement, Company will invoice Customer in advance on a monthly basis for all Monthly Recurring Charges arising under the Agreement. Payment will be considered timely made to Company if received within thirty (30) days after the invoice date set forth in the invoice. Any charges not paid to Company within such period will be considered past due. In the event the Facilities Availability Date is not the first day of the billing period, the first Recurring Charge shall also include the prorated in arrears charges for Services from date of installation to the date of first billing. 4.2 Any payment not made when due will be subject to a late charge of 1.5% per month or the highest rate allowed by law on the unpaid invoice, whichever is lower. 4.3 Except for taxes based on Company's net income, and except to the extent Customer provides a valid tax exemption certificate acceptable to Comcast prior to the Facility Availability Date, Customer shall be responsible for the payment of any and all applicable local, state, and federal taxes (however designated) levied upon the sale, installation, use or provision of the Facilities, including all applicable right-of-way, franchise, pole attachment, pole rental and/or other permitting, rental or joint use fees in proportion to its activities hereunder. Further, Company reserves the right to invoice Customer for the costs of any fees or payment obligations stemming from an order, rule, or regulation of the FCC, a public service commission or a court of competent jurisdiction with respect to the Facilities, including, without limitation, charges to recover amounts that Company is permitted by government or quasi -governmental authorities to collect from or to pay to others in support of statutory or regulatory programs, including, without limitation, franchise fees and right-of-way fees. It will be the responsibility of Customer to pay any such taxes and fees that subsequently become applicable retroactively. 4.4 In the event that any newly adopted law, rule, regulation, or judgment increases Company's costs of providing the Facilities, Customer shall pay Company's additional costs of providing the Facilities under the new law, rule, regulation or judgment. SECTION 5 - TERM Unless sooner terminated as provided herein, the term of this Agreement shall be for Sixty (60) months from the Facility Availability Date ("Term"). Upon the expiration of the Term, this Agreement shall automatically renew for successive periods of one (1) year each ("Renewal Term(s)"), unless prior notice of non- renewal is delivered by either Party to the other at least thirty (30) days before the expiration of the Term or the then current Renewal Term. Effective at any time after the end of the initial Term and from time to time therein, Company may modify the charges for the Facilities to reflect then -current prevailing pricing subject to thirty rcv. 10.10.17 (30) days prior notice to Customer. Customer will have thirty (30) days from receipt of such notice to cancel the applicable lease of Facilities without further liability. Should Customer fail to cancel within this timeframe, Customer will be deemed to have accepted the modified pricing for the remainder of the Renewal Term. SECTION 6 - TERMINATION WITHOUT FAULT; DEFAULT 6.1 Notwithstanding any other term or provision in this Agreement, Customer shall have the right, in its sole discretion, to terminate this Agreement at any time during the Term, or any Renewal Term, upon (i) sixty (60) days prior written notice to Company and (ii) the payment of 100% of the remaining Monthly Recurring Charges payable to Company within ten (10) days following termination of the Agreement ("Termination Charges"). 6.2 (a) Company may, in its sole discretion, immediately terminate this Agreement in the event that it is unable to provide access to the Facilities due to any law, rule, regulation, Force Majeure event, or judgment of any court or government agency. If Company terminates the agreement under this subsection 6.2(a), Customer shall have no obligation to pay any remaining Monthly Recurring Charges as a result of Termination by the Company, with the exception of payments due for Facilities actually provided. (b) Any breach of Article 9A shall be deemed a material breach of this Agreement. In the event of such material breach, Company shall have the right to restrict, suspend, or terminate immediately any or all Service, without liability on the part of Company, and then to notify Customer of the action that Company has taken and the reason for such action, in addition to any and all other rights and remedies under this Agreement. In the event Company terminates service under this subsection 6.2(b), Customer shall be responsible for the payment of all past due amounts and Termination Charges in addition to any other remedies as identified in section 6.4. 6.3 In the event of default, either Party may terminate this Agreement. A "default" exists under this Agreement upon the following events: (i) either Party's failure to meet or perform any material term, provision, covenant, agreement, or obligation contained in this Agreement; provided that the non -defaulting Party so advises the defaulting Party in writing of the event of default and the defaulting Party does not remedy the default within thirty (30) days after written notice thereof; or (ii) Either Party's insolvency or initiation of bankruptcy or receivership proceedings by or against the Party. (iii) Customer is in breach of a payment obligation and fails to make payment in full within ten (10) days after receipt of written notice of default. 6.4 The non -defaulting Party shall be entitled to all available legal and equitable remedies for such breach. 6.5 In addition to the remedies set forth in Section 6.4 above; Company shall be entitled to Termination Charges for any Customer Default. SECTION 7 — MAINTENANCE 7.1 Maintenance consists of the repair or replacement, at Company's option, of any portion of the Facilities that is malfunctioning. Company will maintain the Facilities twenty-four (24) hours a day, seven (7) days per week, every day of the year. Company is responsible for the maintenance of such equipment, although Customer agrees to pay Company for the maintenance and repair costs at Company's then -existing applicable rates for materials Page 3 of 6 CONFIDENTIAL and PROPRIETARY (including, among other things, fiber and fiber splices) and labor (including any applicable overtime), and the pro -rata portions of all fees and charges incurred by Company in connection with providing the Facilities. All maintenance and repair of the Facilities shall be performed by or under the direction of Company. Customer may not, nor permit others to, rearrange, disconnect, remove, attempt to repair or otherwise tamper with any of the Facilities or equipment installed by Company, except with the written consent of Company, which consent shall be at Company's sole discretion. 7.2 In the event that Company, in responding to a Customer - initiated service call, determines that the reason for such service call is due to Customer -provided equipment or Customer's actions or omissions, acts or omissions of third parties with whom Customer has any type of relationship, Customer shall compensate Company for Company's costs of such service call at the rate of $50.00 per half hour and $150.00 per truck roll charge. SECTION 8 - LIMITATIONS ON WARRANTIES AND LIABILITY 8.1 COMPANY AND ITS AFFILIATES WILL NOT BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, COVER, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY COST OF SUBSTITUTE PRODUCT(S), FACILITIES, OR SERVICES„ LOSS OF REVENUE, LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, COMPANY'S AGGREGATE LIABILITY TO CUSTOMER FOR ANY DAMAGES OF ANY KIND UNDER THIS AGREEMENT WILL NOT EXCEED, IN AMOUNT, A SUM EQUIVALENT TO THE APPLICABLE OUT -OF -SERVICE CREDIT. 8.2 THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 8.3 Company's liability for mistakes, errors, omissions, interruptions, delays, outages, or defects in any Facility or Service (individually or collectively, "Liability") shall be limited solely to 1/30'h of the Monthly Recurring Charge for the affected portion of the Service, for one or more Liabilities of at least two (2) hours in duration in any 24-hour period that is not coincident with any other Liability, ("Credit"), provided that the Liability is reported by Customer during the duration of the Liability. Notwithstanding the foregoing, Company shall not be liable for such Credits if the event is caused in part by force majeure events or Customer's (or Customer's equipment's) actions or omissions. 8.4 Company shall not be liable for any act or omission of any other company or companies furnishing a portion of the Facilities including, but not limited to, the inability of a supplier to provide equipment in a timely manner for Network, or for damages associated with services, facilities, or equipment which it does not furnish, including, but not limited to, damages which result from the operation of Customer's system, equipment or facilities. In no event shall Company, its affiliates, its/their employees agents, contractors, merchants, or licensors be liable for any loss, damage or claim arising out of or related to: (1) stored, transmitted, or recorded data, files, or software. (i.e., Customer is advised to back up all data, files and software prior to the installation of service and at regular intervals thereafter); (2) interoperability, interaction or interconnection of the rcv. 10.10.17 Service provided under this Agreement with applications, equipment, services or networks provided by Customer or third parties. 8.5 Neither Customer nor its agents or independent contractors shall offer third parties warranties or representations for the Service which would obligate or otherwise bind Company beyond any warranty or representation expressly set forth in this Agreement. SECTION 9 — INDEMNIFICATION 9.1 Subject to Section 8, each Party ("Indemnifying Party") will indemnify and hold harmless the other Party ("Indemnified Party"), its affiliates, officers, directors, employees, stockholders, partners, independent contractors and agents from and against any and all joint or several costs, damages, losses, liabilities, expenses, judgments, fines, settlements and any other amount of any nature, including reasonable fees and disbursements of attorneys, accountants, and experts (collectively, "Damages"), arising from any and all claims, demands, actions, suits, or proceedings whether civil, criminal, administrative, or investigative (collectively, "Claims") relating to: (i) Any Claim of any third party resulting from the gross negligence or willful act or omission of Indemnifying Party arising out of or related to this Agreement, the obligations hereunder, and uses of Services; and (ii) Any violation of this Agreement by the Indemnifying Party or any violation of any law, rule, regulation, or order of any governmental authority having jurisdiction over any aspect hereof, or in violation of any patent, right, license, agreement, or certificate relating to the subject smatter hereof. 9.2 The Indemnifying Party agrees to defend the Indemmnified Party for any loss, injury, liability, claim or demand ("Actions") that is the subject of this Section 9. The Indemnified Party agrees to notify the Indemnifying Party promptly, in writing, of any Actions, threatened or actual, and to cooperate in every reasonable way to facilitate the defense or settlement of such Actions. The Indemnifying Party shall assume the defense of any Action with counsel reasonably satisfactory to the Indemnified Party. The Indemnified Party may employ its own counsel in any such case, and shall pay such counsel's fees and expenses. The Indemnifying Party shall have the right to settle any claim for which indemnification is available; provided, however, that to the extent that such settlement requires the Indemnified Party to take or refrain from taking any action or purports to obligate the Indemnified Party, then the Indemnifying Party shall not settle such claim without the prior written consent of the Indemnified Party, which consent shall not be unreasonably withheld, conditioned or delayed. SECTION 9A - USE POLICIES 9A.1 Customer agrees to ensure that all uses of the Facilities by Customer or by any other person ("user"), whether authorized by Customer or not, are legal, appropriate and compliant with all applicable rides, regulations, and orders of any governmental authority having jurisdiction over the Facilities, and this Agreement. Customer shall not use, or permit any other entity or person to use, the Facilities to provide internet access service, cable television service, telecommunications, or any other services to any third party, or any services to or from locations other than the locations set forth in Schedule A. Company reserves the right to act immediately and without notice to terminate or suspend all rights to use the Facilities if Company (i) determines that such use or information does not conform to the requirements set forth in this Agreement, or (ii) determines that such use or information interferes with Company's ability to provide the Services to Customer or others. Company's Page 4 of 6 CONFIDENTIAL and PROPRIETARY action or inaction in enforcing the requirements of this Section shall not constitute review or approval of Customer's or any other users' use or information. 9A.2 Violation. Any breach of this Article 9A shall be deemed a material breach of this Agreement. In the event of such material breach, Company shall have the right to restrict, suspend, or terminate immediately any or all rights to access to the Facilities, without liability on the part of Company, and then to notify Customer of the action that Company has taken and the reason for such action, in addition to any and all other rights and remedies under this Agreement. SECTION 10 - INSURANCE 10.1 Customer shall, at its own expense, secure and maintain in force, throughout the term of this Agreement, General Liability Insurance, with competent and qualified issuing insurance companies, including the following coverages: Product Liability; Hazard of Premises/Operations (including explosion, collapse and underground coverages); Independent Contractors; Products and Completed Operations; Blanket Contractual Liability (covering the liability assumed in this Agreement); Personal Injury (including death); and Broad Form Property Damage in policy or policies of insurance such that the total available limits to all insureds will not be less than $2,000,000 Combined Single Limit for each occurrence and $2,000,000 aggregated for each annual period. Such insurance may be provided in policy or policies, primary and excess, including the so-called Umbrella or Catastrophe forms and each such policy shall be endorsed to show Company, its parent and affiliates and its and their directors, officers, agents, servants, employees and independent contractors as additional insureds. In addition, Customer shall maintain in effect, with insurance companies of recognized responsibility, at its own expense, (i) "All Risk" property insurance coverage with limits sufficient to cover the full replacement cost of the Facilities with no co-insurance, (ii) Business Interruption coverage on an actual loss sustained basis, and (iii) such other insurance as may be required by any applicable franchise and/or pole attachment or conduit license agreements, as applicable and naming Company as the loss payee. All policies required by this Section shall require the insurance companies to notify Company at least thirty (30) days prior to the effective date of any cancellation or material modification of such policies. SECTION 11 - ASSIGNMENT 11.1 Neither Party shall assign any right, obligation or duty, in whole or in part, nor of any other interest hereunder, without the prior written consent of the other Party, which shall not be unreasonably withheld. The foregoing notwithstanding, Company may assign this Agreement to any affiliate, related entity, or successor in interest without Customer's consent. In addition, Company may partially assign its rights and obligations hereunder to any party which acquires from Company all or substantially all of the assets of cable franchise(s) in which the Service is deployed to Customer. 11.2 All obligations and duties of either Party under this Agreement shall be binding on all successors in interest and assigns of such Party. SECTION 12 - FORCE MAJEURE Neither Party shall be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond its control and without its fault or negligence, such as acts of God, acts of civil or military authority, act of terrorism, government regulations, condemnation of any part of the Network used to provide the Facilities or Services, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, rev. 10.10.17 floods, power blackouts, unusually severe weather conditions, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation common carriers. SECTION 13 - SEVERABILITY In the event that any one or more of the provisions in this Agreement shall for any reason be held invalid, unenforceable, or void in any respect under the laws of the jurisdiction governing the entire Agreement, such provision(s) shall be construed so as to render it enforceable and effective to the maximum extent possible in order to effectuate the intention of this Agreement; and the validity, legality, and enforceability of the remaining provisions hereof shall not be affected or impaired. SECTION 14 - THIRD -PARTY BENEFICIARIES No provision in this Agreement is intended, nor shall any be interpreted, to provide any person not a Party to this Agreement with any remedy, claim, liability, reimbursement, cause of action or create any other third party beneficiary rights against Company. SECTION 15 - INDEPENDENT CONTRACTORS 15.1 The Parties to this Agreement are independent contractors. Neither Party is an agent, representative, or partner of the other Party. Neither Party shall have any right, power, or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other Party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture, or partnership between the Parties or to impose any liability attributable to such a relationship upon either Party. 15.2 The requirements of this Article shall survive the expiration, termination, or cancellation of this Agreement to the greatest extent permitted by law. SECTION 16 - NONDISCLOSURE 16.1 Unless prior written consent is obtained from a Party hereto, the other Party will keep in strictest confidence all information identified by the first Party as confidential, or which, from the circumstances, in good faith and in good conscience, should be treated as confidential; provided that (a) the owner thereof has taken reasonable measures to keep such information secret; and (b) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by the public. Such information includes but is not limited to all forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or not stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing. A Party shall be excused from these nondisclosure provisions if the information has been, or is subsequently, made public by the disclosing Party, is independently developed by the other Party, if the disclosing Party gives its express, prior written consent to the public disclosure of the information, or if the disclosure is required by any law or governmental or quasi - governmental rule or regulation. 16.2 Customer shall not disclose to third parties the rates, terms, or conditions of this Agreement or any proprietary or confidential information of the Company, except as necessary for the operation of Customer's business and under non -disclosure agreement between Customer and third parties. Page 5 of 6 CONFIDENTIAL and PROPRIETARY SECTION 16A - CUSTOMER PRIVACY POLICIES be in writing and signed by or on behalf of the Party against whom such waiver is claimed. 16A.1 In addition to the provisions of Article 16, the privacy policy below applies to Company's handling of Customer confidential information. In the event of a conflict between the provisions of Article 16 and any provision of the privacy policy below, the applicable provision of the privacy policy shall prevail in the resolution of the conflict. A copy of Company's privacy policy is available at http://www.comcast.com/customerprivacy/. Company may update this policy from time to time, and such updates shall be deemed effective upon posting. 16A.2 Privacy Note Regarding Information Provided to Third Parties: Company is not responsible for any information provided by Customer to third parties, and this information is not subject to the privacy provisions of this Agreement or the privacy policies. Customer assumes all privacy and other risks associated with providing personally identifiable information to third parties via the Services. SECTION 17 — NOTICES 17.1 Any notices or other communications contemplated or required under this Agreement, in order to be valid, shall be in writing and shall be given via personal delivery, or overnight courier, or via U.S. Certified Mail, Return Receipt Requested, at the following addresses: To Customer: Attn: Heather Butkowski 1891 Walnut Street Lauderdale, MN 55113 (651) 792-7650 To Company: Attn.: VP — Business Services Comcast Cable Communications Management, LLC 1701 JFK Blvd / One Comcast Center Philadelphia, PA 19103 With a copy to: Attn.: Cable Law Department - Operations Comcast Cable Communications, LLC. 1701 JFK Blvd / One Comcast Center Philadelphia, PA 19103 SECTION 18 - HEADINGS AND TITLES The headings or titles of any provisions of this Agreement are for convenience or reference only and are not to be considered in construing this Agreement. SECTION 19 — CHOICE OF LAW The domestic law of the state in which the Services are provided shall govern the construction, interpretation, and performance of this Agreement, except to the extent superseded by federal law. SECTION 20 - COMPLIANCE WITH LAWS Each of the Parties agrees to comply with all applicable local, state and federal laws and regulations and ordinances in the performance of its respective obligations under this Agreement. SECTION 21 - AMENDMENTS; NO WAIVER 21.1 This Agreement may be amended only by written agreement signed by authorized representatives of both Parties. 21.2 No waiver of any provisions of this Agreement or to any default under this Agreement shall be effective unless the same shall rev. 10.10.17 21.3 No course of dealing or failure of any Party to strictly enforce any term, right, or condition of this Agreement shall be construed as a waiver of such term, right or condition. 21.4 Waiver by either Party of any default by the other Party shall not be deemed a waiver of any other default. SECTION 22 - SURVIVAL Provisions contained in this Agreement that by their sense and context are intended to survive the performance, termination or cancellation of this Agreement hereof by any Party hereto shall so survive. SECTION 23 - FULLY INTEGRATED This writing constitutes the entire agreement between the Parties as to the subject matter hereof and supersedes and merges all prior oral or written agreements, representations, statements, negotiations, understandings, proposals, and undertakings with respect to the Agreement. SECTION 24 -INTERPRETATION OF AGREEMENT This Agreement is a negotiated document. In the event that this Agreement requires interpretation, such interpretation shall not use any rule of construction that a document is to be construed more strictly against the Party who prepared the document. SECTION 25 - RIGHT TO ENTER INTO CONTRACTS Nothing herein shall be construed as preventing either Party hereto from entering into similar contractual arrangements with other parties, unless such contracts would conflict with the performance of this Agreement. SECTION 26 - REMEDIES CUMULATIVE All rights of termination, or other remedies set forth in this Agreement are cumulative and are not intended to be exclusive of other remedies to which the injured Party may be entitled at law or equity in case of any breach or threatened breach by the other Party of any provision of this Agreement. Use of one or more remedies shall not bar use of any other remedy for the purpose of enforcing any provision of this Agreement; provided, however, that Party shall not be entitled to retain the benefit of inconsistent remedies. SECTION 27 - COUNTERPARTS This Agreement may be executed simultaneously in two or more counterparts, each counterpart shall be deemed an original, and all counterparts individually or together shall constitute one and the same instrument. Page 6 of 6 CONFIDENTIAL and PROPRIETARY COMCAST ENTERPRISE SERVICES SALES ORDER FORM - SCHEDULE A 1-0 (n ui W UZ_ O� Um a 0 N E a ce 0 1- W z n E z In Primary Contact: 1= E Phone: 6517927650 U U E E H SUMMARY OF STANDARD INSTALLATION FEES SUMMARY OF SERVICE CHARGES* O o O O O O 9 (9 Total Standard Installation Fees*: Total Trunk Services Standard Installation Fees: o 0 0 0 0 0 E9 69 Current Monthly Recurring Charges Current Trunk Services Monthly Recurring Charges: O O Total Standard Installation Fees (all Services): 0 O 69 Total Monthly Recurring Charges (all Services): SUMMARY OF CUSTOM INSTALLATION FEES 0 O 69 Total Custom Installation Fee*: 0 0 M 69 69 Change Monthly Recurring Charges Change Trunk Services Monthly Recurring Charges Change Monthly Recurring Charges (all Services): 0 0 0 0 M O a E9 Total Monthly Recurring Charges: Total Trunk Services Monthly Recurring Charges: SUMMARY OF MONTHLY EQUIPMENT FEES Total Monthly Recurring Charges (all Services): O O f9 f9 N O) rn rn (6 c6 U U a) a) c c 7 7 IY Q T T L .G O 0 O O N 0) Il IL 0 • 0 N 4) E E O. Q. .5 .5 LT CT W 33) • 33) U U a) • a) ao C Y � C 7 F- U 4) U O O (9 Current Equipment Fee Monthly Recurring Charges (All Services): Change Services Equipment Fee Monthly Recurring Charges: Change Trunk Services Equipment Fee Monthly Recurring Charges: O O co Change Equipment Fee Monthly Recurring Charges (All Services): O O O O 19 e9 Total Service Equipment Fee Monthly Rec Total Trunk Service Equipment Fee Monthly Re Total Equipment Fee Monthly Recurring Charge c w N 0 E • ) T O O C O N lV d N P»)1C N.- N N a w O m t0 D. mc 0 N Nli 0 c w o O y N E ). v E 0 p 'o G) N 0 O m E NG N N 0) O t0 0 0 N U N O N o N O O !'°'< G 0 N U O '0 N c .o m c N 7 t 0N N N � E N O � U N � � ▪ a O ry A L �p N D N p N N OI 7 L U t0 m a � m = .p U U N C 0) N O C N m m E =_ O N m m 'N 7 U U X N N N O 0 Q O2 N U c U) n E a) N C Q v U O °1 In N 0) N m Oo U N O Z) ICOMCAST COMCAST ENTERPRISE SERVICES SALES ORDER FORM - SCHEDULE A BUSINESS METRO ETHERNET SERVICES AND PRICING Account Name: Ram Wash INET Replacment-Lauderdale 1 Date: 2/4/2020 MSA ID#: MN-10682530-surquh SO ID#:I 16205451 Migrating to dark Fiber Network Description 1 Service Location A* 1 Service Location Z' 1 Tax Jurisdiction 1 Monthly ( One -Time 00 00 0 4069 _....._.00'06._..._. 00'06 00'06 00'04 00'06 00'06 6 0 0 0 6 6 6 6 0 6 0 0 00'06 00'06 00'06 00'04 6 6 00'06 00'06 '..... 00'06 '... 00'06 0 0 d 6 0 0 6 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 0 0 0 d d 0 0 6 6 0 0 0 0 0 0 0 d 0 d ( A 3 Solution 0000 0000 6 40696907 0 0 0006_.._..... 00'06 00'06 00'04 6 6 6 6 0 0 0 0 o d 6 d d 0 0 6 o d 00'06 ',.. 00'06 00'06 00'06 0 0 (A (A 0 d (A (H d 6 (0 b) 6 0 V) 69 0 6 40 V) 6 6 N 07 0 6 (A (9 6 6 (A to 6 6 (A (A d 0 u7 (A 0 c5 V 04 Services Location Details attached Charges are Exclusive of Equipment Fees PAGE 2 SUBTOTAL: Short Description of Service: Request 1 Action 1 Service(s) o N s- N C) V 07 (O C, 00 00 v- N M V (0 DO t, 030O,- N Cl V (O(0 f, CO 0) O.- N M V (O t0 W O O.- N M V u) DO r NO0 G 000000000 NN N 04 N (V (V N N N C) M M0) C) C)C) C) 0) M V V' V'7 V V V V V' V' (O J 00000000000000000000000000000000000000000000000000 COMCAST COMCAST ENTERPRISE SERVICES SALES ORDER FORM - SCHEDULE A BUSINESS SERVICE LOCATION DETAIL INFORMATION Date:12/4/2020 l MSA ID#:I MN-10682530-surquh 1 50 ID#:I 16205451 1 Account Name:I Ram Wash INET Replacment-Lauderdale ' PAGE 3 of3 Technical Contact On Site (Yes/No) Technical/Local Contact Email Address Technical/Local Contact Phone # '.. Technical/Local Contact Name « 0EwSE d O.LL C W g d D O 0 N .. Z Z T U in Address 2 N 9 D 1891 Walnut Street 2611 Fairview Ave N. Location Name/Site ID Lauderdale City Hall Roseville.mn