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HomeMy WebLinkAbout03/07/2000_RegularCITY OF ROCHESTER COUNCIL AGENDA (1j COUNCIL/BOARD CHAMBERS oo _ (D(p GOVERNMENT CENTER 151 4T" STREET SE MEETING NU. 6 nF(+ULAR ADJOURNED PAGE (1-2) A) OPEN COMMENT PERIOD B) CALL TO ORDER C) LETTERS AND PETITIONS (3-4) D) 1) (5-6) —N 2) (7-8) 3) 4) 5) 6) 7) (17-18) 8) (19-20) (21-30) --,4110) (31-32) 11) (33-36) 12) (37-38) 13) (3940) 14) (41-42) 15) (4344) 16) (47 48)fwj6i18) (49-54) 19) MARCH 20, 2000 7:00 P.M. CONSENT AGENDA/ORGANIZATIONAL BUSINESS Approval of Minutes Revocable Permit/Projecting Sign for Sabastian's Restaurant in Radisson Hotel ' b Revised Request t Set Public Hearing for Establishment of Tax Increment Financing District on Weatherstone Townhomes Project Proposed Settlement of Carriage Homes Lawsuit Licenses, Bonds & Miscellaneous Activities Off -Sale 3.2% Beer License for Silver Lake Foods, Inc. Transfer of On -Sale Intoxicating Liquor (Exclusive) License from RSD, Incorporated to S&S Rochester, Incorporated Approval of Accounts Payable Amend 2000 General Fund and Capital Improvements Fund Budgets due to Residual Assets from Police & Fire Consolidated Pension 7 ISD 535 Request for Fire Code Appeal Authorization to Advertise for Rescue Truck Appointments to Music Board License Fee/Companionship Sales/Escort Services Development Agreement/Century Hills Development Owner Contract/Western Walls/Diamond Ridge 16/17 Acquisition of Needed Right of Way for 16'' Avenue SW Signalization Project Revocable Permit for 609 — 9"' Street SW Development Agreement/Pinewood Meadows/Schoenfelder Property Proposal for Engineering Services for Sanitary Sewer and Watermain Extension to Serve 3010 Valleyhigh Drive NW .� kl eill Council Agenda March 20, 2000 Page 2 (55-56) 20) Professional Services for Stormwater Pond to Serve the Folwell Ridge Area (57-58) 21) Advertise for Bids/Traffic Signals at Intersection of 2nd Street and 16`" Avenue SW (59-64) 22) Feasibility Report for Concrete Curb & Gutter and Overlay Northern Hills Court NE from Northern Hills Drive NE to Cul-De-Sac (65-70) 23) Feasibility Report for Concrete Curb & Gutter on 10"' Avenue SE from 16-1/2 Street SE to 190 Street SE (71-76) 24) Feasibility Report for Concrete Curb & Gutter and Overlay in 15`' Street NW from Valleyhigh Drive NW to West End of Roadway (77-82) 25) Feasibility Report for Reconstruction of 9"' Avenue SW from 2"d Street SW to 4'" Street SW (83-88) 26) Feasibility Report for Reconstruction of North -South Alley in 200 Block Between Broadway and 1$' Avenue SW (89-94) 27) Feasibility Report for Reconstruction of North -South Alley in 300 Block Between Broadway and 1"Avenue SW (95-96) 28) Request Bids for Painting of Traffic Signals & Parking Ramps (97-100,) 29) Funding for Local Share of Public Library Accessibility Grant .?o) S'+ sOwe Ma Fe.�s��'l�Jy E) HEARINGGS (101-124) 1) Continued Hearing/General Development Plan Hidden Oaks Valley (125-142) 2) Continued Hearing/Type 111, Phase 11, Preliminary Plat to be Known as Bandel North First Subdivision (143-154) 3) Continued Hearing/Type III, Phase 1, Final Plat to be Known as Yate's First Subdivision (155-166) 4) Zone Change Petition by Payne Company to Amend Zoning District for 5.93 Acres Along South Side of Viola Road NE, East of Century Hills Drive NE/Change Designation from R-1 to R-1X District (167-180) 5) Preliminary Plat by Payne Company to be Known as Century Hills Townhomes Third (181-196) 6) Preliminary Plat to be Known as Emerald Hills Second Subdivision (197-228) 7) General Development Plan by BBB Development, LLC to be Known as Ripley Property (229-240) 8) Revised Final Plat to be Known as Orchard Ridge First Addition (241-258) 9) Preliminary Plat to be Known as Orchard Hills North Subdivision (259-264) 10) Continued Project Hearing/Reconstruct 7" Street NW from 46'" Avenue NW, West Approximately 1,250 Feet (265-270) 11) Project Hearing/Public Improvements to Sunset Avenue, Rose Avenue, and Harbor Parkway in Rose Harbor (271-272) 12) Assessment Hearing/Public Improvements to Sunset Avenue, Rose Avenue, and Harbor Parkway in Rose Harbor Council Agenda March 20, 2000 Page 3 F) REPORTS AND RECOMMENDATIONS (273-282) 1) City Administrator — Neighborhood Development Coordinator (283-310) 2) City Attorney — Amended Findings of Fact Document for Bituminous Plant Operation in the Restricted Development Conditional Use Permit #98-05 for Property South of 40�h Street SW, West of TH 63 (311-316) 3) Park & Recreation — Mayo Civic Center Expansion (317-318) G) RESOLUTIONS AND ORDINANCES H) TABLED ITEMS 11 OTHER BUSINESS J) ADJOURNMENT REQUEST FOR COUNCIL ACTION :'MEETING DATE: : 20 00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. OPEN COMMENT PERIOD CITY ADMINISTRATOR A i i cal DESCRIPTION: OPEN COMMENT PERIOD PREPARED BY: S.KVENVOLD This agenda section is primarily for the purpose of allowing citizens to address the City Council on a topic of their choice. The following guidelines apply: • This section of the agenda may not be used as a forum to continue discussion on an agenda item which has already been held as a public hearing. • This agenda section is limited to 15 minutes and each speaker is limited to 4 minutes. • Any speakers not having the opportunity to be heard will be first to present at the next Council meeting. • Citizens may only use this forum to address the Council on a maximum of one time per month. • Matters currently under negotiation, litigation or related to personnel will not be discussed in this fonun. • Questions posed by a speaker will generally be responded to in writing. t.vUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 3 _0 00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY ADMLNISTRATOR D-1-29 i orvl DESCRIPTION: PREPARED BY: APPROVAL OF CONSENT AGENDA ITEMS G. NEL-NIANN This RCA lists all the items which have been included in the consent agenda for this meeting. The Council can approve all of the items with a sinele motion to approve. The Council President will allow the Councilmemrt bers an opportunity to state whether there are any of these items which you wish to have removed from the consent agenda approval and to have them discussed and acted upon separately by the Council. The consent agenda for this meeting consists of the following RCAs: D-1. Approval of Minutes D-2. Revocable Perm t/Projecting Sign for Sabastian's Restaurant in Radisson Hotel D-3, Revised Request to Set Public Hearing for Establishment of Tax Increment Financing District on Weatherstone Townhomes Project D-4. Proposed Settlement of Carnage Homes Lawsuit D-5. Licenses, Bonds & Miscellaneous Activities D-6. Off -Sale 3.2% Beer License for Silver Lake Foods, Inc. D-7. Transfer of On -Sale Intoxicating Liquor (Exclusive) License from RSD, Incorporated to S&S Rochester, Inc. D-8. Approval of Accounts Payable D-9. Amend 2000 General Fund and Capital Improvements Fund Budgets due to Residual Assets from Police & Fire Consolidated Pension D-10. ISD 535 Request for Fire Code Appeal D-1 1. Authorization to Advertise for Rescue Truck D-12. Appointments to Music Board D-13. License Fee/Companionship Sales/Escort Services D-14. Development Agreement/Century Hills Development D-15. Owner Contract/Western Walls/Diamond Ridge 16/17 D-16. Acquisition of Needed Right of Way for 16d' Avenue SW Signalizabon Project D-17. Revocable Permit for 609 — 9" Street SW D-18' Development Agreement/Pinewood Meadows/Schoenfelder Property D-19. Proposal for Engineering Services for Sanitary Sewer & Watermain Extension to Serve 3010 Valleyhigh Dr. NW D-20. Professional Services for Stormwater Pond to Serve the Folwell Ridge Area D-21. Advertise for Bids/Traffic Signals at Intersection of 2nd Street and 16" Avenue SW D-22. Feasibility Report for Concrete Curb & Gutter and Overlay Northern Hills Court NE from Northern Hills Drive NE to Cul-De-Sac D-23. Feasibility Report for Concrete Curb & Gutter on 10" Avenue SE from 16-1/2 Street SE to 19'" Street SE D-24, Feasibility Report for Concrete Curb & Gutter and Overlay in 15`6 Street NW from Valleyhigh Dnve NW to West End of Roadway D-25. Feasibility Report for Reconstruction of 9" Avenue SW from 2"d Street SW to 4d' Street SW D-26. Feasibility Report for Reconstruction of North -South Alley in 200 Block Between Broadway and 1" Avenue SW D-27. Feasibility Report for Reconstruction of North -South Alley in 300 Block Between Broadway and 1"Avenue SW D-28. Request Bids for Painting of Traffic Signals & Parking Ramps D-29. Funding for Local Share of Public Library Accessibility Grant COUNCIL ACTION REOUESTED: Motion to approve consent agenda items. COUNCIL ACTION: motion by second by: to: REQUEST FOR COUNCIL ACTION MEETING 5 DATE: 120 60 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda City Administrator Z. i i cM DESCRIPTION Revocable Permit -- Projecting sign for Sabastian's Restaurant in PREPARED BY: Radission Hotel T. Spaeth The City has received a request from Schad Tracy to install a projecting sign over the public sidewalk in front of the Radisson Hotel located at 150 South Broadway. The Land Development Manual allows for projections over a public sidewalk in the Central Development Core District provided a revocable permit is approved by the City Council. The proposed sign is 8' wide and is attached to the wall of the Radisson Hotel. The bottom of the sign needs to be a minimum of 8' above the sidewalk. Public works staff has no objection to this request. COUNCIL ACTION REQUESTED I Approval of a revocable permit for a projecting sign attached to the Radisson Hotel at 150 South Broadway using the standard language and conditions. I COUNCIL ACTION: Moron by: second by: to: 7-0 /IH/(/✓��• 1 i i � � r s � Y r �q,yW- 1 ��•� e r t�t'':il���rl'r'y'�;ae��' . .'•�{:'h1F^. i���''1"kvr R��i tA'°".t%?iyi ?+.°a` I Ii'rf„� I PROJECT ALUMINUM HANGING SIGN SCALE-,�- ' IDRAWN BY CUSTOMER I t. SABASTIAN'S RESTAURANT -- PARKIN ADDRESS ;.;i SALESREP. x STEVE M. CITY -' STATE DATE ROCHESTER MN 9/21/99 FONTS USED: EMPIRE BT -- BINNER 0 FILE NAME I TRACKING # 5M-000077.CDR CUSTOMER APPROVAL DATE S m U - vGl lvc- an ' Vm 21 , QQ 17 LT. c.•. - �. rJ 0, 63ER P05 f� � nc_e m v —v THIS DRAWING IS THE PROPERTY OF ;;�0for��0I 323 MINNESOTA AVE. N. 1610 E. CUFF RP ORONOCO, MN F5960 BURNSMLIE, MN ;M PHONE / 307.367,2631 PHONE / 612-894,24: FAX / 307.367,2633 FAX / 612,894-274 ORDER #: N/A REQUEST FOR COUNCIL ACTION Consent Agenda I City Administrator _—A DESCRIPTION Revised Request to set a public hearing date for the establishment of a Tax Increment Financing District on the Weatherstone Townhomes project MEETiNG DATE: 1 20.0Q ITEM NO. D-3 PREPARED BY: T. Spaeth As the Council may recall, at the last meeting on February 7, 2000 I had prepared an RCA to set a public hearing date of March 20, 2000 for the establishment of a TIF District for the proposed Weatherstone Townhomes affordable housing project. Since that time, the developer has been working with the architects and engineers on the specific layout and design of the project. They are in the process of having a specific legal description of the Townhomes portion of the project drafted; however; that legal description has not yet been completed. Based upon that, all parties involved felt it would be more appropriate to have the TIF hearing held on April 17, 2000 to provide an opportunity for the specific legal description to be included in the TIF Plan, and thereby avoiding any chance that we may have to go back and amend that in the future. COUNCIL ACTION REQUESTED: Adopt resolution to set a public hearing date of April 17, 2000 to consider the establishment of a Tax Increment Finaning District on the Weatherstone Townhomes project. ,,vUNCILACTION: rnouonby: second ,A SECTION: CONSENT AGENDA REQUEST FOR COUNCIL ACTION CITY ATTORNEY'S OFFICE MEETING DATE: 03, 20/00 ITEM NO. D-q ITEM DESCRIPTION: PROPOSED SETTLEMENT OF CARRIAGE HOMES PREPARED BY: LAWSUIT D�4VID M,GOSL In the summer of 1999, the Council directed this office to initiate legal action against Carriage Homes for I its failure to comply with the provisions of an agreement it entered into with the city for the completion of the grading work at Meadowbrook. This complaint initially asked the district court to order Carriage Homes to comply with the agreement by providing the performance bond identified therein. We subsequently amended the complaint to request a declaration from the court that Carriage Homes had breached the contract. Carriage Homes initiated settlement discussions with the City's attorney in order to settle this matter under the terms that you were previously informed of. Those terms are as follows: 1. Carriage Homes will pay the City $3500 for the City's costs of this litigation. 2. Carriage Homes will not initiate new developments in Rochester, but may complete the Meadowbrook and Fox Ridge developments. Carriage Homes will provide a $20,000 performance bond for the remaining work at Meadowbrook. Last week David Kramer from Public Works inspected the area at Meadowbrook where work is still needed to complete the grading plan. He prepared a detailed list of work items remaining and this list was accepted by Carriage Homes. Public Works believes that a $20,000 bond will adequately cover the listed work items, even if problems are discovered. 4. The City, only after it receives Carriage Homes' performance bond, will dismiss the litigation without an admission of liability by Carriage Homes. Adopt the prepared resolution approving this settlement agreement and authorize the Mayor and City Clerk to execute the same on behalf of the City of Rochester. The terms of the agreement call for the City to execute the agreement at such time that the agreement is executed by Carriage Homes and only after the performance bond is provided. REQUEST FOR COUNCIL ACTION MEETING f DATE: 3 , 20� 00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY CLERK D 5 _ 4 DESCRIPTION: LICENSES. BONDS & MISCELLANEOUS ACTIVITIES PREPARED BY: DOM A J SCHOTT The following licenses.. bonds and miscellaneous activities are submitted for the Council's approvals or disapprovals. All are pending departmental approvals, the required insurance, bonds, fees and all outstanding debts with the City of Rochester. CHICKENS Gregory & Helen McIntire 2006 7d' Ave NE Rochester, Mn. 55906 SEWER AND DRAINS Bedrock Sand & Gravel Box 124 Oronoco, Mn. 55960 MISCELLANEOUS STREET USE Mayo Clinic Cancer Center & American Cancer Society National Cancer Survivors Day Picnic 6/4/00 Essex Park 2:00 PM to 5:30 PM Paws & Claws Humane Society Pet Walk 5/6i00 Stan at Silver Lake E. Pavilion to Civic Center Park 9:30 AM to 2:00 PM S.E. Mn. Evangelistic Association Celebration March (Approx. 20 Churches) 6/18/00 Downtown Rochester 2:00 PM to 3:00 PM COUNCIL ACTION REQUESTED A motion to approve the above licenses and permits. JNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING I3 DATE: 3_0 00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY CLERK V — (p �M DESCRIPTION: OFF SALE 3.2 % BEER LICENSE FOR SILVER LAKE PREPARED BY: FOODS, INC. DONNA 1 SCHOTT Application for an Off Sale 3.2% Beer License for the old MR. D's Family Markets located at 1402 North Broadway has been received from Charles Pagenhart and Larry McConaughty. The new name of the business will be Silver Lake Foods, Inc. It is scheduled to open April 1, 2000 under the new ownership. License would be pending the required fees, insurance certificates and the completion of all city departmental Approvals. I COUNCIL ACTION REQUESTED A motion to approve the application. for an Off Sale 3.2% Beer License for Silver Lake Foods, Inc. UNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: i (s ?0�00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda City Clerk 0.1 i i erW DESCRIPTION: Transfer of On -Sale Intoxicating Liquor (Exclusive) License - PREPARED BY: Judy Scherr John Tigner, former owner of RSD, Incorporated DBA CJ's Lounge, is transferring the On -Sale Intoxicating Liquor (Exclusive) license to Steven F. Renaux, operating as S&S Rochester, Incorporated. A confidential investigative report has been satisfactorily completed. COUNCIL ACTION REQUESTED A motion to transfer the On -Sale Intoxicating Liquor (Exclusive) License from RSD, Incorporated to S&S Rochester, Incorporated. t.vUNCIL ACTION: Motion by: sewnd by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 3/20100 Consent Agenda I Finance Department Approval of Accounts Payable Respectfully request a motion to approve payment of Accounts Payable (submitted separately) in the amount of $1,918,854.84. Less: Any exceptions 1UNCIL ACTION: Motion by: second rpm Dale Martinson REQUEST FOR COUNCIL ACTION MEETING Iq DATE: 03/?0lf10 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda Finance Department _M DESCRIPTION: PREPARED BY: Amend the 2000 General Fund and Capital Improvement Fund Budgets D. Martinson Due to Residual Assets From Police & Fire Consolidated Pension On January 19, 2000, the Council approved the recommended plan for the expenditure of residual assets derived from the merger of the Police and Fire Consolidated Pension Program with PERA, pursuant to 1999 Minnesota Session Laws, Chapter 222, Section 10, Subdivision 7. On January 26, 2000, the City of Rochester received a payment of $4,093,782 for the residual assets, and established restricted accounts as required by section 2.1.1 of the adopted plan. $377,513 is required to be used for Police related expenditures and $3,716,513 are to be used for Fire expenditures. Section 2.1.3 of the adopted plan requires that amounts are to be transferred from the restricted accounts to defray Police and Fire expenditures during each month. The approved plan also recommended that Council amend the 2000 budget and reallocate the 2000 General Fund tax levy in the amount received from the residual pension assets to the Capital Improvement Fund. The additional tax levy is to be appropriated to the following capital improvement projects: Reimburse funding of LEC Communications Project (J1977) borrowed from Central Maintenance Facility project-J2087 $968,548 Police Total Station Mapping System-J1970 15,000 Opticon Emergency Traffic Signal Preemption System-J6396 316,000 Relocation of Fire Station #3-J1973 843,500 Relocation of Fire Station #2-J1992 843,500 Construction of Fire Station #5-J1991 1,107,234 Total $4,093,782 COUNCIL ACTION REQUESTED: Approve a resolution to amend the 2000 adopted budget: increasing the total budget by $4,093,782 from $112,933,790 to $117,027,572, decreasing General Fund property tax levy from $10,103,486 to $6,010,064, increasing Miscellaneous Revenues from $8,804,184 to $12,897,966, increasing Capital Improvement Fund property tax levy from $1,346,582 to $5,440,364; increasing total Capital Project Fund revenues and appropriations from $46,575,446 to $50,669,228, and to appropriate the additional amounts to the capital project budgets specified. )UNCIL ACTION: Motion byr Second by. to; 7..e. REQUEST FOR COUNCIL ACTION MEETING O`er( DATE: 3/20/99 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Fire D - 10 i t rM DESCRIPTION: PREPARED BY: ISD 535 REQUEST FOR FIRE CODE APPEAL Lyle Felsch Independent School District 535 has requested an extension of time on State Fire Marshal orders regarding Mayo High School. See attached documentation. COUNCIL ACTION REQUESTED Approval to grant extension of time to the School District 535 until September of 2001. %..vUNCIL ACTION: Motion by: second by: to: State Fire Marshal Division 3 444 Cedar Street, Suite 145, St. Paul, Minnesota 55101-51 Phone:651/215-0500 FAX:651.215.0525 TTY:651/282-65 Internet: http://www.dps.state.mn.us a February 14, 2060 Alcohol & Paul Bourgeois, CPA Gambling Director of Business Services Enforcement Rochester Public Schools Bureau of Independent School District No. 535 Criminal 615 Southwest Seventh Street Apprehension Rochester, Minnesota 55902 Capitol Security - Driver & vehicle RE: Request for time extension -- Mayo High Sch Services Emergency Dear Mr. Bourgeois: Management/ EmergencyResnse We have received our letter dated January25 2000 Commis on 30, 2000 deadline or compliance with Crrective O dated January 19, 1993. As. I understand it, you are State Fire 2001. The file number assigned to your request is 99 Marshal/ calling or writing us for information relative to this iss Pipeline Safety State Patrol As was the case with the School District's first tim Marshal will consider this matter, the local governi Traffic Safety need a notarized copy of meeting minutes showing tha your request before we can proceed further. Should you have any questions, please feel free t Reintjes at 507-362-8034. Sincerely, Robert L. Imholte, Chair Fire Marshal Code Advisory Panel cc: School Board Chair, Independent School Distric Philip Allmon, Administrator of Health, Safety & Learning Lyle Felsch, Deputy Chief, Rochester Fire Dep - Jon R. Nisja, Bureau Chief, Inspections and Cod William A. Reintjes, Deputy State Fire Marshal - RLI: FMCAP 99-005-T SFM File #ED-55205022 oo m 45 55 The Rochester Public Schools 023 independent School District MS 615 SW 7th Street • Rochester, Minnesota 55902 • Phone (507) 285-8592 • Fax (507) 287-1344 Business Senicas January 25, 2000 Mr. Thomas Brace State Fire Marshal 444 Cedar Street Suite 145 St. Paul, MN 55101-5145 Dear W. Brace: As you know, Rochester Independent School District 535 has been working very aggressively to install fire protection in our buildings and comply with all of your orders for fire protection. During calendar 2000, we are in the process of or will be making fire protection adjustments, including sprinklers and other required changes to John Marshall High School, Kellogg Middle School, Northrop Community Services Building and our Maintenance Service Building. We also had Mayo High School scheduled to be completed this summer, but we have run into a huge amount of asbestos in the ceiling tiles which has put our ability to install fire protection on hold until all the asbestos is removed. The District had actually designed the fire protection project and had received bids on the project. Normal testing for asbestos that is required for all construction projects turned up asbestos in the ceiling tiles, which of course is in the area where the fire sprinklers must be installed. The firm that we use for asbestos removal design - Institute of Environmental Assessment - has estimated that it will take a minimum of two months working double shifts for all the asbestos to be abated. Then, after the asbestos has been removed, we can commence the installation of the fire sprinklers, new HVAC systems, and ceiling and lighting. Needless to say, we will not be able to accomplish this in the summer of 2000. The District is requesting a one year extension for the installation of the fire sprinkler system. We will have to adjust the Mayo High School calendar in the fall of 2001 to start in October or perhaps November, or possibly split shin the Mayo High School students to one of the other high schools in the District. The planning for doing that, plus designing the asbestos abatement and accomplish all the other architectural drawings will most likely take until September or October of 2000. It is the District's intent to finish off installing fire protection as quickly as possible. We have been moving very quickly to comply with the fire protection orders. if you are able to grant us a one year extension at Mayo High School, after the summer of 2000 projects are completed, ISD 535 will only have sprinkler installations remaining at Mayo High School and Hawthorne and Holmes Elementary Schools, all of which already have partial sprinkler installations already (See attached list.) Finally it is also the District's intention that once we have met all fire marshal orders, we are going to return to all of our elementary schools that currently have smoke detectors and install sprinklers in them also, so that 100% of all District facilities have fire protection via sprinklers. We have those elementary schools budgeted in our Major Maintenance 10 Year Plan that is annually approved by the State. Your assistance is issuing us a one year extension for the orders at Mayo High School would be greatly appreciated. Again, it is our intent to make sure the fire protection is installed as quickly as possible upon removal of the asbestos in the summer of 2001 if you approve. Thank you for your consideration. Si i 61L - Paul Bourgeois, CPA Director of Business Services Rochester Independent School District 535 Cc: LL Dennis Olson Fire Marshal Rochester Fire Department 201 Fourth Street SE Rochester, MN 55904 William Rientjes 444 Cedar Street Suite 145 S. Paul, MN 55101-5145 Rochester Public Schools Fire Marshal Repair Needs Summary As Of September 1, 2000 Estimated School Maior Item Cost Status Elementary Bamber Valley UP TO CODE UP TO CODE Bishop Churchill UP TO CODE Elton Hills UP TO CODE Fohvell UP TO CODE UP TO CODE Franklin UP TO CODE Gage UP TO CODE Gage East Golden Hill UP TO CODE Hawthorne Sprinkle Building (Corridors done) $300,000 Summer 2001 Hohnes Sprinkle 1964 section (Corridors done) $100,000 Simmer 2001 Dead end corridors 1917 Section s20o,00o Pending Bond Election UP TO CODE Hoover UP TO CODE Jefferson UP TO CODE Lmcoln�}a Mann UP TO CODE Longfellow UP TO CODE Pinewood UP TO CODE Sunset Terrace UP TO CODE Washington as 01/25/00 03:53:09 PM fire marshal compliance update as of sept 12000.123 prb 1 of 2 Rochester Public Schools Fire Marshal Repair Needs Summary As Of September 1, 2000 Estimated School Maior Item Cost Status Elementary Middle Schools Friedell UP TO CODE John Adams UP TO CODE Kellogg UP TO CODE Willow Creek UP TO CODE High Schools Century UP TO CODE John Marshall UP TO CODE Mayo Sprinkle Building -Phase 1- 55%- Gym, Auditorium UP TO CODE Phase 2 - 45% - Classroom Areas $700,000 Summer 2000 Project Other Buildings Burr Oak Northrop Edison ESC MSB Total Estimated Cost 1 300 000 UP TO CODE UP TO CODE UP TO CODE UP TO CODE UP TO CODE 01/25/00 03:53:10 PM fire marshal compliance update as of sept 12000.123 prb 2 of 2 bl °°° ROCHESTER DAVID A. KAPLER. Chief Rochester Fire Department 201 4th Street SE, Room 10 Rochester, MN 55904-3726 (507)285-8072 FAX #(507) 295-8256 TO THE .APPELLANT: In accordance with the procedural rules for an appeal to the Rochester Fire Code, the Fire Marshal is required to examine each appeal to determine if it is sufficient under the ruses for a hearing by the Common Council. In accordance with the rules, the application for appeal is required to meet one of the following criteria: a.) The application proposes a valid alternate material or method of construction. The Common Council is not authorized by ordinance or State Law to grant a variance or waiver of a Fire Code provision, unless the alternate is equal to or better than the Fire Code provision. b.) The application requests an interpretation of an unclear or vague Fite Code requirement_ The Common Council is not authorized to modify the Fire Code, but may modify the interpretation of the Fin Marshal if that interpretation clearly violates the Fire Code or exceeds his authority. Le the appeal application does sat mcet the criteria above, the Fire Marshal is authorized to notify the appellant of such insufficiency and withhold a hearing until the application is corrected. It if is questionable whether the application data meets the rules, or if the appellant strongly insists that a hearing be held, the Fire Marshal is authorized to contact the City Administrator to request consideration of a hearing. An zq-'opport fy Te005- Is ROCHESTER ilEaFi AI/f DAVID A. KAPLER, Chief Rochester Rim Department 201 4th Street SE, Room 10 Rochester, MN 55904.3726 (507) 285-8072 FAX #(507) 285-8256 Please check one:, I. �/ This is an application to use alternate materials or methods of construction. II. This is an application for an interpretation of the Fire Code. III. Applicant: Name N R r ) Ay u S g , -za ren,m CaoX o, �l CJA Address la S E 9 ! — S-t r �- City, State, Zip M M > S9 a 7 Phone S°% - 7_37- I ( ; i Applicant is er, � tArrchoited/Fn&= ✓ Other IV. Bldg Owner. Nam _ �,asf�- }-lw�D c 3,L441s Address G r s' S tti 1-t>` City, state, Zip IZA. 44e, M• Phone 5'0? - 2.3 5- 7 S* 9 Z V. B1dgAddress: 11; D ) (41, S6 (mAYo 141614 - cCgWIL) VI. Violation Notice# Date VII. section of Fire Code affected by application An Equato"OE�Tfoyff M page 2 Fire Code Appeals Application (Check one and complete; use reverse side if necessary) Description of proposed alternate materials or methods of construction (Item I): Description of specific Code provision for which an interpretation is requested (Item In: ie rL�hlz !S YZ4'Lui i aA 'P NY'0 W G H SCN3r)L , (SEE A7rAC-4Eb LETTEP Tn E 4:?iQE MAQS44AL) Vie- 0."k- "A kjL SU.mnmay o� ZJr'� I . VA IIvkC2(te\ gACjUr)G3 uor291NA7 J SD —53S � -1 g a03) 30 page 3 Fire Code Appeals Application Application data approved: % to to aterials/methods (Item n interpretation of the Code (Item In Interpretation of Fire Code: The Rochester Fire Department supports the correction of the requirements cited by the State Fire Marshal Division in accordance with the Minnesota State Fire Code and have no objection to the granting of this appeal. As stated in the request letter, ISD 535 has made substantial progress in complying with the original orders which included substantial work in all school buildings including installation of sprinklers and upgrading fire alarms system. The work pending at Mayo High School essentially is the last building in the compliance process aside from the Holmes/Hawthome relocation bond issue pending. z -z2- a:2 Date I hereby appeal the decision of the Fire Department. 3-3- "3a Date Signed REQUEST FOR COUNCIL ACTION MEETING .3t DATE: 3/2C/2000 AGENDA SECTION: Consent Agenda ORIGINATING DEPT: Fire ITEM NO. 0 —' I EM DESCRIPTION: PREPARED BY: Authorization to Advertise for Rescue Truck AC Stutz ,�1 / Approval was given in the 2000 budget to purchase and equip a new rescue truck for the Fire Department. There is $125,000 in the budget. The Fire Department requests approval to advertise for bids on this truck. COUNCIL ACTION REQUESTED Approval to advertise for bids on a new rescue truck and equipment. UNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEE7NG 33 DATE: 3/20/C AGENDA SECTION: ORIGINATING DEPT: Consent agenda/ Organizational Business Mayor's Offic EM DESCRIPTION: Appointments to Music Board ITEM NO. a-1a PREPARED BY: I hereby submit for your approval the following appointments to the Rochester Civic Music Board: Linda S. Birnbaum 4142 57th Street Ln. NW Replacing Elizabeth Johnston; term expires 12/31/2002 Martha J. Riley 2 NW Viking Village Replacing Kurt Osmanski; term expires 12/31/2002. DUNCIL ACTION: mouan ny 8aaon4 by to: z°uas?sa ' r'�s Sfavor Chuck Canfield W" 201 4th Street SE - Room 281 f `" Ep"' n Rochester, MN 55904.3782 1 1 Phone: (507) 285.8080 Fax: 007) 287-7979 CITY OF ROCHESTER VOLUNTEER APPLICATION NAME: 1 ,YVIIC�C�1 ADDRESS: t ((tj u) PHONE: BUS. 73'"12161HOME a$i- 23i DO YOU RESIDE WITHIN ROCHESTER CITY LIMITS? YES ) NO PLACE OF EMPLOYMENT: IR fr I AM SEEKING VOLUNTARY SERVICE ON ,{i CCc INS�tL' G\Jv C ,�'IU51C &tr BECAUSE: i T(� lti�' lVetl t i t '\ 4"1\CEG1 ( i'a- Czry1V'('(2y21 E CI_C�lr��1ES, Cl L�� C1`�'0.L PLEASE PROVIDE BACKGROUND INFORMATION (EDUCATION, SPECIAL INTERESTS, ACHIEVEMENTS, PREVIOUS EMPLOYMENT, COMMUNITY INVOLVEMENT) Attach additional information, if desired. CAL �� ? �t . r�vt/E� C�`�s�� �IS�c.r C_El%�t-t-,e ti1p�s '71ti 1�1� I�SE� ��1ec.}r�caC �t-,C\i�,Cev inC,� U� ✓�� 19g5 n 4ti!F)l; u,v ee'l (�WY1eV o� iletr�q t3�s Hess IQ73 - lq�� 1 �,NY 19$9 - Pneseo,t- �� DATE SUBMITTED: i to SIGNED: Hat lsrckek Return to: Office of the Mayor 201 4th Street SE Rochester, MN 55904-3782 •i+�+#++++tiff_++++, �.�t t�.*� +#+#.fed+Y++++++#ii+++++++++++++tit+f+,Fi+++# GAM 05 APM:M11CRi a' -S ... •'f. _ 1. �•Fai. . l�4 {4iaM�� -.. �C6� >la�ur Chuck Cantirld 901 4th 5tmet JF - R(x)tn 281 R,Aheaer. %1N 55yU4-3782 Phone r�507 2a:i-1,080 Fay7,07r 287-7979 CITY OF ROCHESTER VOLUNTEER APPLICATION NAME: ADORES P4CNE: BUS . ;53-S%j%Z HOME - O 35`l 00 YOU RESIDE WITHIN ROCHESTER CITY LIMITS? YES4 NO_ PLACE OF EMPLOYMENT: S$ Y?l nn I AM SEEKING //VOL//UNTARY SERVICE ON BECAUSE:T %e.l,'GI/t noeke-Svfl.e. MiGS.0 B&N PLEASE PROVIDE BACKGROUND INFORMATION (EDUCATION, SPECIAL INTERESTS, AC'r.IEVE-NENTS, PREVIOUS EMPLOYMENT, COMMUNITY INVOLVEMENT) Attach additional ;�fcrmation, if desired. ix,�BcG//yes,�e�e.,�er/ot�+-�e8�5 / �J u5 i Ne 5S C_:cH-6 A&dV At �r.tL /Z' Bhl ee �+r /o G s$K( ,25Y/'e's DATE SUBMITTED: / .3 AA9d Return to: SIGNED: office of the —Mayor 201 4th Street SE Rochester, MN 55904-3782 ♦«rr«rrrr+ar++rrrrrr««««ra+a aarrrrarrrr rrr rrr rrrrarra+aaa•+aa+rrr DATE OF APPOINTMENT: TERM EXPIRATION: OTHER DATA: REQUEST FOR COUNCIL ACTION MEETING DATE: 3, 20; AGENDASECTION: CONSENT AGENDA I ORIGINATING DEPT: Police Department ITEM NO. D � ( i ITEM DESCRIPTION: License Fee - Companionship Sales, Escort Set ices PREPARED BY: Sgt. Dan Pulford. On February 23, 2000, the Common Council approved the Ordinance for Companionship Sales and Escort Services licensing. The Ordinance noted that the license fee shall be set by resolution of the Common Council. The Police Department is recommending the following license fees be established: Companionship Sales/Escort Services Licenses $775.00 per year Individual Escort License $ 200.00 per year Individual Private Dancer License S 200.00 per year The license fee shall be one-half the cost if six months or less remain of the license year expiring on December 31. COUNCIL ACTION REQUESTED A motion to adopt the prepared resolution setting license fees for Companionship Sales/Escort Services, Individual Escort and Private Dancer Licenses. %,vUNCIL ACTION: Moron by: second by: to: N ROCHESTER �izrLefata March 9, 2000 TO WHOM IT MAY CONCERN: ROGER PETERSON Chief of Police Rochester Police Department 101 4th St, S.E. Rochester, MN 55904-3761 A request to adopt a city ordinance licensing businesses that qualify as Companionship Sales/Escort Services was approved by council members at the February 23, 2000 council. It is the recommendation of the Rochester Police Department that a license fee of $775.00 be set for Companionship Sales/Escort Services. The fee breakdown is listed below: City Clerk's Fee Police Department Fee background check yearly enforcement investigation Total cost $75.00 $200.00 (multiple owners would be assessed S200 per person) $500.00 775.00 ($575 plus S200 per background check) The following services would not be performed in a majority of cases and have not been added to the license fee. Fire Inspection Fee $75.00 Building & Safety Fee permit $22.00 inspection @ $75.00/hr $75.00 Health Department Fee hourly consultant fee when needed $75.00 The fee would be for a business license only. Over the past two years, the Police Department has found that generally a couple has owned Companionship Sales or Escort Services. If, however, the Companionship Sales/Escort Service is owned by a corporation, the Police Department will re-evaluate the cost of investigating the corporation versus the dual owners. There would be a separate license fee assessed for a person employed by a Companionship Sales/Escort Service or as an adult dancer. The fee of $200 per employee would entail the cost of a background investigation. I hope that the above information will assist you in arriving at a fair and reasonable license fee. Thank you. Sincerely, Ro er Peterson Chief /mjg An'Equof Opportunity Employer REQUEST FOR COUNCIL ACTION MEETING 3q DATE: 3/20/00 AGENDA SECTION: CONSENT AGENDA i i cM DESCRIPTION: ORIGINATING DEPT: ITEM NO. Public Works D � 14 Agreement — Century Hills Development PREPARED BY: M. Nigbur% The Developers of the Century Hills Development and City Staff have had discussions relating to construction of the subdivision and impacts on the surrounding infrastructure. Based on the discussions, the content for a development agreement has been decided and a document has been created. The major items covered in the agreement include the following: • Construction of pedestrian facilities. • Construction of a Secondary Access. • Payment of other development related charges including SAC, WAC, and Parkland Dedication. • Options for providing storm water management. • Park Dedication requirements Staff recommends the Council approve the Development Agreement. The developers have executed the agreement. COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the Development Agreement with Payne Development Company for the Century Hills Development. %,JUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING II( DATE: 3/20/00 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: ITEM NO. Public Works D -17/ aM DESCRIPTION: Owner Contract; Western Walls - Diamond Ridge 16117 PREPARED BY::r - M. Nigbur7�04 Staff would offer the following Owner Contract project for consideration by the Council: • Diamond Ridge 16 & 17 - Western Walls Inc. (Owner) & Elcor Construction (Contractor) are requesting a City / Owner Contract J9593 consisting of "Basic Construction to Serve Diamond Ridge 16 & 17 Subdivision". COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9593 "Basic Construction to Serve Diamond Ridge 16 & 17 Subdivision" .. UNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEE T iNG Y3 DATE: 3/20/00 AGENDA SECTION: CONSENTAGENDA ORIGINATING DEPT: ITEM NO. Public Works D. 1 —M DESCRIPTION: Real Estate — Acquisition of needed Right of Way for 16" Avenue PREPARED BY: r(.� SW Signalization Project J.6394 M. Nigbur may! The City is currently in the process of designing a signalization project located at 2n° Street SW and 16'" Avenue SW. This project is needed to better manage the traffic flows in the area. To allow this project to continue Staff would request authorization to acquire the needed land rights for the project. Much of the needed right of way is currently in City control. However, there is a limited amount of area needed from several parcels to facilitate this project. Staff anticipate the impact on the abutting owners will be limited to 5 —7 feet of additional right of way within the project area. Staff would recommend the Council authorize the acquisition of the needed land rights, for the 16" Avenue Signal Project, through negotiations and, if needed, through the use of the 90 Day Quick Take Condemnation process. Staff would request authorization to acquire the needed property at a value not to exceed 10% above the appraised value and to retain the needed consultants on the project. COUNCIL ACTION REQUESTED: Authorize Staff to acquire the needed land rights, for the 161 Avenue Signal Project, through negotiations and, if needed, through the use'of the 90 Day Quick Take Condemnation process. Staff would request authorization to acquire the needed property at a value not to exceed 10% above the appraised value and to retain the needed consultants on the project. _—UNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING 45S DATE: 3/20/00 AGENDA SECTION: CONSENT AGENDA i i tM DESCRIPTION: ORIGINATING DEPT: ITEM NO. Public Works Q -1 7 PREPARED BY: M. Niobur-1 The Owner of 609 9'° Street SW has asked the City of Rochester for a Revocable Permit for the existing encroachment of a portion of the structure that lies within the 9' Street right of way. The Owner has also recently received a Variance to allow the subdivision of the non -conforming property. One of the conditions of the Variance approval was the Owner must receive a Revocable Permit from the City for the existing building encroachment. Staff has reviewed the request and would recommend in favor of granting a Revocable Permit for the existing 6.0 feet encroachment subject to the standard Revocable Permit conditions. In addition to the standard conditions the permit should also state that the encroachment area is not allowed to be expanded and the encroachment is only allowed as long as the existing dwelling remains. COUNCIL ACTION REQUESTED: Direct the City Attorney to prepare a revocable permit to allow the existing structure located at 609 9'" Street SW to encroach 6.00 feet within the right of way. %,UUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETiNG Tq DATE: 3/20/00 AGENDA SECTION: CONSENT AGENDA i i tM DESCRIPTION: Property. Agreement — ORIGINATING DEPT: ITEM NO. Public Works I D-(g PREPARED BY: i}'t M. Nigbur The Developers of the Pinewood Meadows/Schoenfelder Property and City Staff have had discussions relating to construction of the subdivision and impacts on the surrounding infrastructure. Based on the discussions, the content for a development agreement has been decided and a document has been created. The major items covered in the agreement include the following: • Construction of pedestrian facilities. • Dedication of right of way. • Annexation of the entire property within 7 years. • Payment of other development related charges including SAC, WAC, Substandard Roadway, Parkland Dedication, and participation in the City's Storm Water Management Plan. Staff recommends the Council approve the Development Agreement. The developers have executed the agreement. COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the Development Agreement with Schoenfelders South Star Inc. for the Pinewood Meadows/Schoenfelder Property. L,%jUNCIL ACTION: motion by: Second ir-1 AGENDA SECTION: CONSENT AGENDA REQUEST FOR COUNCIL ACTION ORIGINATING DEPT: Public Works MEETING DATE: 3 0/00 ITEM NO. o -rq ITEM DESCRIPTION: Proposal for Engineering Services for Sanitary Sewer and PREPARED BY: Watermain Extension to Serve 3010 Valleyhigh Drive NW, J9595 (lug J. Loehr fC The City of Rochester received a petition from the owner of property located at 1010 Valleyhigh Drive NW. On April 19, 1999 the City Council referred the petition to the Department of Public Works for preparation of a Feasibility Study. The Department of Public Works is finalizing an Agreement with a consulting engineering firm to provide engineering services for the following local improvement project: Project No. 9918, J9595 Consulting Engineer: Bonestroo, Rosene, Anderlik & Associates "Sanitary Sewer and Watermain Extension to Serve 3010 Valleyhigh Drive NW" Bonestroo, Rosene, Anderlik & Associates is capable of providing the desired level of Preliminary Project Analysis, Design and Construction Engineering Services. The Department of Public Works recommends that Bonestroo, Rosene, Anderlik & Associates be initially retained to provide Preliminary Project Analysis for the respective projects. Compensation is proposed at the actual cost and expense fee structure. After the completion of the Preliminary Project Analysis and selection of design alternates and the scope of the project are determined the Department of Public Works may determine that the consultant's services are required for the design and construction of the project. If the consultant's services are required the Department of Public Works will negotiate Design and Construction Engineering Service Agreements with the consultant for the project. Compensation for Design services is proposed at a "Lump Sum" amount as negotiated for the project. The "Lump Sum" amount will be based on the extent of engineering services required for the project. Construction services will be compensated on actual costs with a not to exceed provision. COUNCIL ACTION REQUESTED: 1. Adopt a resolution authorizing the execution of Engineering Service Agreements with Bonestroo, Rosene, Anderlik & Associates to provide engineering services for: a. Preliminary Design Analysis (actual cost and expense fee structure) for project J9595. b. Design Services ("Lump Sum" as negotiated by the Department of Public Works) for project J9595. c. Construction Services (actual cost with a not to exceed provision as negotiated by the Department of Public Works) for project J9595. Attachments: Location Map Engineering Service Proposal Petition COUNCIL ACTION: "notion by: Second by: ' % 1 � � YL' �i � �'f L2S ; 5 i�-' T u. Z S i-, ✓lj �[ s-i� i.`i 0.7e r' Ctrt ,4 For 4e roP��� �Lt Ebto Vn4je, �-A �� G eel ,4,� 4A-L f s n�¢ only u.'oulc� �- m(.q.ie- C4111Uenren for O"r �enaa,,k b,Q" is Cilso 6L4��r �� ie en U��en.���t n Lo/s•,n . (,W2 WOCOd ctst Vzr�zs Cosf Cuhen /h2�,� Vocc� Cfec.sco/�_ �1cL�t�Cc�O ?pr u0L) r ddVZL [✓> Limits 205 203 201 333 ti 204 315 7 303 310 301 300 Project No. 9918, J9595 Sanitary Sevin- and Watermain Extension to Serve 3010 Val leyhigh Drive N. W. Watemiain # 3010 Valleyhim Drive # 301' t -t Sanitary Sewer l 51 JA 13onestroo 0 Rosene Anderlik & Associates Engineers & Architects January 17, 2000 Dees A Beene. >E. 2 ara a vrr _ wear 'd _ -• _,rs..�v_ t; +smcsre' �ncaais �c.vzra a San rara. _ <e;�. > _ r. _ >ace•� x � s_- _ ",'I'd u =aerer �avm O '_Ma Ota.'_. A•q �i cnae7 <P"e�d 15. fe^.neon C areY % amicn. P . .cert t rt^ Aq, m T i a a t ct .cl'.T, '_. .JR¢s St ,,' ccnester. ASilmar and t. _: cud. NN N' auaee Ni ?ocnesre• 31a111 Wanager Oale A Grave. ?E. weasrte: www aanestrooeam Mr. Jim Loehr City of Rochester Public Works Dept. 201 4th Street SE, Room 108 Rochester, MN 55904 Re: Proposal for Engineering Services Sanitary Sewer and Water Main to Serve 3010 Valleyhigh Dr. NW City Project No. M9918 (J9595) Dear Mr. Loehr, Bonestroo Rosene Anderlik & Associates is pleased to submit a proposal for Engineering Services for the 3010 Valleyhigh Drive Project. The project includes the extension of sewer and water main to serve the area as part of the City's Water Quality Protection Program. Engineering Services have been separated into three phases for the project. Phase 1 consists of preliminary data collection, layout of alignment alternatives, review with City Staff, and soils exploration work. Detailed design, preparation of specifications and bidding are included under Phase 2 of the project. Phase 3 consists of Construction Services for the project. Scope of Woric The following scope of work provides the specific tasks that are to be completed for the project. Phase 1 - Preliminary Analysis Tie in existing dwellings, well and/or septic locations Determine foundation/basement floor elevations Determine alternative alignment options (gravity flow is preferred) Determine alternative alignment profile elevations • Obtain soil data and rock elevations through soil borings Provide Engineers preliminary estimates based on alignment alternatives Attend design meeting with property owners (if needed) 117 7th Street N.E. • Rochester_ MN SS906 ■ S07-282-2100 • Fax: 507-282-3100 63 Phase'_ - Desien • Complete detailed survey work based on alignment option chosen under Phase • Determine final sewer & water main locations and elevations Submit easement legal descriptions Submit applications for sewer and water construction to City Submit 50% complete plans and specifications for City review • Submit revised Engineers estimate at 50% design completion Submit final plans and specifications for City review and approval • Submit final Engineers estimate at 100% completion • Assist City Staff in bidding process Phase 3 - Construction Perform construction survey and staking Coordinate Soils & Materials testing • Perform Construction Inspection Preparation of Record Drawings Project Schedule The following preliminary project schedule is provided based on the project being bid this spring for start of construction early in the 2000 construction season. Preliminary site survey and data collection Feb. 7, 2000 Meet with City Staff to review alternative alignments Feb. 23, 2000 Complete Soils Exploration Work March 6, 2000 Meeting with property owners (if needed) March 13, 2000 Submit 50% completed plans and specs to City Staff March 20, 2000 Submit final plans and specs for review and approval April 10, 2000 Council Authorization for Bid April 17, 2000 Project Bid Date May 17, 2000 Council Award of Contract June 5, 2000 Start Construction June 19. 2000 Substantial Completion July 28, 2000 a Protect Team Bonestroo & Associates will provide a project team dedicated to completion of the project. Mike Lynch will provide project management and engineering services for the project. Survey Crew Chief Bob Bradley will provide field survey services. Terry Ward and Dale Grove will provide technical support and review of final plans and specifications. Compensation The proposed compensation for Engineering Services during the Phase 1 - Preliminary Analysis of the project is hourly plus expenses. Attached is the fee schedule that would apply to the project. Engineering Services would be billed monthly at the rates indicated on the schedule. The estimated Engineering Services cost for the Preliminary Analysis is $4,650.00. The estimated expenses for the Preliminary Analysis is S300.00 Bonestroo & Associates will review the project area to determine the locations of needed soil borings for the project. We will obtain quotes from qualified soils exploration firms and submit this information to the City for review. All soils exploration fieldwork will be coordinated by the Engineer. The City will administer the contract with the soils firm. The estimated cost for soils exploration work is $1.500.00. The proposed compensation for Phase 1 - Design and Phase 3 - Construction will be determined after completion of the preliminary analysis. A separate proposal for this work will be submitted to the City upon request. We would welcome the opportunity to further discuss our proposal with you. Please feel free to call if you have any question or need additional information. Sincerely, BONESTROO ROSENE ANDERLIK & ASSOCIATES, INC. ��e4-..4'z Michael C. Lynch, P.E. Attachments: Figure 1 - Project Site Fee Schedule Estimated Hours and Costs REQUEST FOR COUNCIL ACTION MEETING 55 DATE: 3/20/00 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: ITEM NO. Public Works I D-alO i i tM DESCRIPTION: Professional Services for Stormwater Pond cc-p4.3 to serve the 1 PREPARED Folwell Ridge area. (J-2460) D. Kram Construction of regional stormwater pond cc-p4.3 has been proposed to serve a portion of proposed Folwell Ridge subdivision, portions of future Orchard Hills development, as well as existing development in the Hillcrest subdivision area. Waterway capacity problems currently exist from the proposed pond site north to 2no Street SW. Construction of the pond is needed to alleviate these existing capacity problems as well as to mitigate the increased runoff from additional development. Yaggy Colby Associates proposes to provide preliminary engineering services for the analysis and design of the pond, as well as the waterways both upstream and downstream of the pond, on an hourly basis not to exceed $20,500.00. Staff recommends a professional services agreement be entered with Yaggy Colby for preliminary engineering services. Funding for the preliminary engineering services will be from J2137, collected Stormwater Management Area Charges. The pond construction and any waterway improvements are anticipated to be funded partially by collected Stormwater Management Area Charges, and partially by the Folwell Ridge developer, as will be outlined in a future development agreement. .111110■■111 ■i 11. 11�' -• SITE COUNCIL ACTION REQUESTED: Authorize the Mayor and Clerk to sign a Professional Services Agreement with Yaggy Colby Associates for preliminary engineering design services associated with Stormwater Pond cc-p4.3, J-2460, for an amount not to exceed $20,500.00. ACTION: Motion by: Second REQUEST FOR COUNCIL ACTION MEETING 1""-t DATE: 3i20100 AGENDA SECTION, CONSENT AGENDA ORIGINATING ❑EPT: ITEM NO. Public Works D —421 I I EM DESCRIPTION: ADVERTISE FOR BIDS: Traffic Signals at Intersection of 2nd PREPARED BY: Street and 16th Avenue SW (J6394) R. Kelm; This is a request for a resolution to advertise for bids for the following project: SAP 159-106-15 Project No. 9859 (J6394) Traffic Signals at Intersection of 2nd Street and 16th Avenue SW The Signal project, engineering and construction will be funded with Municipal State Aid funds The project is included in the 1999.2004 Capital Improvement Program budget ( item 9, page 36). iryle 91W,Y �, IMvwagn p 2q lbN M 1!w yw 9W .P 4\1p.1! L A 'apt-� COUNCIL ACTION REQUESTED: A resolution should be adopted authorizing the City Clerk to advertise for bids and conduct a bid opening on April 12,2000 at 11:00 AM. Note to City Clerk; Advertise 3 times in the Post Bulletin and Construction Bulletin beginning March 20, 2000. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION 101 MEETING 5-7 Ile DATE: 3/20/00 AGENDA SECTION: CONSENT AGENDA I I EM DESCRIPTION: ORIGINATING DEPT! Public Works "Concrete Curb & Gutter and Overlay Northern Hills Court NE from Northern Hills Drive NE West to Cul-De-Sac" (J9622) This is a Feasibility Report for the following local improvement project: Project Number 6921-00, (J9622) ITEM NO. D -az PREPARED R. Kelm Project Name Concrete Curb & Gutter and Overlay Northern Hills Court NE from Northern Hills Drive NE West to Cul- De-Sac Estimated Proiect Costs Grading & Paving, Curb & Gutter $100,000 Storm Sewer Repairs/Upgrades $ 15,000 Engineering, Interest, Contingencies 34,500 Total $149,500 Project Cost Distribution Special Assessments — Frontage .............. $ 26,766.15 Special Assessments — Sidewalk .............. $ 4,705.80 City Share ................................................... $118,028.05 Total........................................................... $149,500.00 Assessment Period All special assessments may be levied for a period of ten years with interest charged at a rate of 7.5% annually on the unpaid balance, or they may be paid in full when levied. COUNCIL ACTION REQUESTED: 1. Adopt the resolution receiving the Feasibility Report. 2. Adopt the resolution ordering a Public Hearing to be held May 1, 2000. 3. Adopt the resolution ordering the preparation of the Assessment Roll. 4. Adopt the resolution ordering an Assessment Hearing May 1, 2000. Attach: Map, Feasibility Report, Budget and Assessment Schedule -7UNCILACTION: Motion by: Second by: to: Report On Feasibility Of Proposed Local Improvement Project Project No. 6921-00 J. 9622 Concrete Curb & Gutter and Overlay Northern Hills Court NE from Northern Hills Drive NE West to Cul-De-Sac Date: March 20, 2000 Honorable Mayor & Common Council City of Rochester, Minnesota A resolution proposing certain petition requesting "Concrete Curb & Gutter and Overlay Northern Hills Court NE from Northern Hills Drive NE West to Cul-De-Sac" was referred to the Public Works Department on January 19, 2000 for preparation of the Engineer's Feasibility Report. Engineer's Report We report the project is feasible and recommend its construction. The existing street was constructed with bituminous curbing in 1970 and is due for resurfacing. We recommend that the project be constructed and funded in accordance with the City's Comprehensive Pavement Management Strategy (CPMS). The CPMS is an objective, cost-effective program for the nreservation, rehabilitation and reconstruction of the City's infrastructure. The most cost-effective strategy at its time for this street, which has a Pavement Condition Index (PCI) rating of 36, is rehabilitation. Work ..icludes resurfacing of the street, the addition of concrete curb and gutter and appropriate storm water drainage structures. The property owners direct contribution for rehabilitation is $15.00 per assessable foot (Residential), and $22.50 per assessable foot (Commercial) frontage. The estimated costs for the street rehabilitation, made without completed plans or survey are as follows: Grading & Paving, Curb & Gutter $100,000 Storm Sewer Repairs/Upgrades $ 15,000 Engineering, Interest, Contingencies 34,500 Total $149,500 Assessment Basis for Rehabilitation The cost of rehabilitation as established by City Council Policy is: $15.00 per assessable foot (Residential) $22.50 per assessable foot (Commercial) Estimated assessable Residential frontage (1,784.41') x $15.00 per foot $26 766.15 Estimated assessable Commercial frontage (0') x $22.50 per foot__ Total frontage assessments $26 766.15 Assessment Basis for Sidewalk Replacement Replacement sidewalk is assessed by the square foot of sidewalk replaced and is assessed directly to the abutting property owner at the following rates: 4" Sidewalk (residential) $6.00 per square foot 5" Sidewalk (commercial) $5.75 per square foot 6" Sidewalk (at residential drive approaches) $6.50 per square foot 7" Sidewalk (at commercial drive approaches) $7.00 per square foot Estimated assessable 4" Sidewalk = 913.60 x $5.00 per square foot $4,568.00 Estimated assessable 5" Sidewalk = 0 x $5.75 per square foot $0.00 Estimated assessable 6" Sidewalk = 21.20 x $6.50 per square foot $137.80 Estimated assessable 7" Sidewalk = 0 x $7.00 per square foot $0.00 Total Sidewalk assessments $4,705.80 Assessment Basis for Drive Approach Upgrades -Extra Widths Upgrading of drive approach width is assessed by the square yard and is assessed directly to the property owner at the following rates: 6" Concrete Drive Approach (Residential) $31.68 per square yard 7" Concrete Drive Approach (Commercial) $34.95 per square yard Since the extra width drive approach upgrade is entirely at the property owner's request, only the rates are given. Total Estimated Funding Distribution Special Assessments — Frontage Special Assessments — Sidewalk City Share Total (C I, Russell Kelm, PE Design Engineer $26,766.15 $4,705.80 $118,028.05 $149,500.00 Doug Nelson, PE Manager of Engineering BUDGET AND ASSESSMENT SCHEDULE FOR CONSTRUCTION CONTRACT Project No: 6921-00 J No: J9622 State Aid Project No Date: March 20, 2000 43 Description: Concrete Curb & Gutter and Overlay Northern Hills Court NE from Northern Hills Drive NE West to Cul-De-Sac Project Budget Contract Cost Final Cost Construction: Grading, Paving, Curb & Gutter $100,000 Storm Sewer Repairs/Upgrades $15,000 Watermain Replacement Engineering, Interest, & Contingency $34,500 Total Construction & Expense 1 $149,500 Distribution: Special Assessments — Frontage $26,766.15 Special Assessments — Sidewalk $4,705.80 Special Assessments — Service Replace Water Utility Funds City Share $118,028.05 TOTAL $149,500.00 Notes: Make Initial Disbursement from P. I. R. Fund REQUEST FOR COUNCIL ACTION MEETING s DATE: 3/20/00 AGENDA SECTION. ORIGINATING DEPT- ITEM NO. CONSENT AGENDA Public Works D, 2 11M DESCRIPTION: Feasibility Report for: "Concrete PREPARED BY: Curb & Gutter on 10th Avenue SE from 16 %2 Street SE R. Kelrrix to 19th St SE" (J9639) P� This is a Feasibility Report for the following local improvement project: Project Number 6310-2-00, (J9639) Project Name Concrete Curb & Gutter on 10th Avenue SE from 161/2 Street SE to 1 EP St SE Estimated Project Costs Grading & Paving, Curb & Gutter $103,000 Storm Sewer Repairs/Upgrades $ 32,000 Engineering, Interest, Contingencies 40,500 Total $175,500 Project Cost Distribution Special Assessments — Frontage .............. $ 20,414.10 Special Assessments — Sidewalk .............. $ 0.00 City Share ................................................... $155,085,90 Total........................................................... $175,500.00 Assessment Period All special assessments may be levied for a period of ten years with interest charged at a rate of 7.5% annually on the unpaid balance, or they may be paid in full when levied. COUNCIL ACTION REOUESTED: 1. Adopt the resolution receiving the Feasibility Report. 2. Adopt the resolution ordering a Public Hearing to be held June 5, 2000. 3. Adopt the resolution ordering the preparation of the Assessment Roll. 4. Adopt the resolution ordering an Assessment Hearing for June 5, 2000. Attach: Map, Feasibility Report, Budget and Assessment Schedule `)UNCIL ACTION: Motion by: Second try: to: Concrete Curb & Gutter on 10th Avenue SE from 16'/z Street SE to 19 Street SE Project No. 6310-2-00 J9639 P:\PR OJ ECTSU-P ROPJ963u1Dc si gn\Ducs;rc a-map.dw Report On Feasibility Of Proposed Local Improvement Project Project No. 6310-2-00 J. 9639 Concrete Curb & Gutter on 10th Avenue SE from 161/2 Street SE to 19`h Street SE Date: March 20. 2000 Honorable Mayor & Common Council City of Rochester, Minnesota A resolution proposing certain petition requesting "Concrete Curb & Gutter on 10th Avenue SE from 16 1/2 Street SE to 191h Street SE" was referred to the Public Works Department on January 19, 2000 for preparation of the Engineer's Feasibility Report. Engineer's Report We report the project is feasible and recommend its construction. Sections of the existing street were constructed with bituminous curbing in 1968 and additions were made in 1969 and 1976. The entire length is due for resurfacing We recommend that the project be constructed and funded in accordance with the City's Comprehensive Pavement Management Strategy (CPMS). The CPMS is an objective, cost-effective program for the preservation, rehabilitation and reconstruction of the City's infrastructure. The most cost-effective strategy at his time for this street, which has a Pavement Condition Index (PCI) rating of mid 40's, is rehabilitation. Work ncludes resurfacing of the street, the addition of concrete curb and gutter and appropriate storm water drainage structures. The property owners direct contribution for rehabilitation is $15.00 per assessable foot (Residential), and $22.50 per assessable foot (Commercial) frontage. The estimated costs for the street rehabilitation, made without completed plans or survey are as follows: Grading & Paving, Curb & Gutter $103,000 Storm Sewer Repairs/Upgrades $ 32,000 Engineering, Interest, Contingencies 40,500 Total $175,500 Assessment Basis for Rehabilitation The cost of rehabilitation as established by City Council Policy is: $15.00 per assessable foot (Residential) $22.50 per assessable foot (Commercial) Estimated assessable Residential frontage 1,360.94' x $15.00 per foot $20,414.10 Estimated assessable Commercial frontage 0' x $22.50 per foot $0.00 Total frontage assessments L$20,414.10 Assessment Basis for Sidewalk Replacement Replacement sidewalk is assessed by the square foot of sidewalk replaced and is assessed directly to the abutting property owner at the following rates: 4" Sidewalk (residential) 5" Sidewalk (commercial) 6" Sidewalk (at residential drive approaches) 7" Sidewalk (at commercial drive approaches) $5.00 per square foot $5.75 per square foot $6.50 per square foot $7.00 per square foot Estimated assessable 4" Sidewalk = 0 x $5.00 per square foot $0.00 Estimated assessable 5" Sidewalk = 0 x $5.75 per square foot $0.00 Estimated assessable 6" Sidewalk = 0 x $6.50 per square foot $0.00 Estimated assessable 7" Sidewalk = 0 x $7.00 per square foot $0.00 Total Sidewalk assessments $0,00 Assessment Basis for Drive Approach — Extra Widths All drive approaches will be replaced (at the existing width) with a concrete drive approach meeting current design standards. Additional width is assessed by the square yard and is assessed directly to the property owner at the following rates: 6" Concrete Drive Approach (Residential) $31.66 per square yard r Concrete Drive Approach (Commercial) $34.95 per square yard Since the extra width of the drive approach upgrade is entirely at the property owner's request, only the rates are given. Total Estimated Funding Distribution Special Assessments — Frontage Special Assessments — Sidewalk City Share Total 1LL' Russell Kelm, PE Design Engineer $20,414.10 $0.00 $155,085.90 $175,500.00 Doug Nelson, PE Manager of Engineering BUDGET AND ASSESSMENT SCHEDULE FOR CONSTRUCTION CONTRACT Project No: 6310-2-00 J No: J9639 State Aid Project No Date: March 20, 2000 Description: Concrete Curb & Gutter on 10th Avenue SE from 16 1/2 Street SE to 191h Street SE Project Budget Contract Cost Final Cost Construction: Grading, Paving, Curb & Gutter $103,000 Storm Sewer Repairs/Upgrades $32.000 Watermain Replacement En ineerin , Interest, & Contin enc $40,500 Total Construction & Expense $175,500 Distribution: Special Assessments — Frontage $20,414.10 Special Assessments — Sidewalk Special Assessments — Service Replace Water Utility Funds City Share $155,085.90 TOTAL $175,500.00 Notes: Make Initial Disbursement from P. I. R. Fund REQUEST FOR COUNCIL ACTION MEETING DATE: 3/100 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D.614 ITEM DESCRIPTION: Feasibility Report for: PREPARED BY: 1 "Concrete Curb & Gutter and Overlay in 15th Street NW from R. Kelm'x Valleyhigh Drive NW to West End of Roadway" (J9609) This is a Feasibility Report for the following local improvement project: Project Number 6215-4-00, (J9609) Proiect Name Concrete Curb & Gutter and Overlay in 15th Street NW from Valleyhigh Drive NW to West End of Roadway Estimated Project Costs Grading & Paving, Curb & Gutter $110,000 Storm Sewer Repairs/Upgrades $ 10,000 Engineering, Interest, Contingencies 36,000 Total $156,000 Proiect Cost Distribution Special Assessments — Frontage .............. $ 31,603.05 Special Assessments — Sidewalk .............. $ 8,608.11 City Share ................................................... $115,788.84 Total........................................................... $156,000.00 Assessment Period All special assessments may be levied for a period of ten years with interest charged at a rate of 7.5% annually on the unpaid balance, or they may be paid in full when levied. COUNCIL ACTION REQUESTED: 1. Adopt the resolution receiving the Feasibility Report. 2. Adopt the resolution ordering a Public Hearing to be held June 5, 2000. 3. Adopt the resolution ordering the preparation of the Assessment Rail. 4. Adopt the resolution ordering an Assessment Hearing for June 5, 2000. Attach: Map, Feasibility Report, Budget and Assessment Schedule UNCILACTION: Motion by: Second by: to: q�-- Concrete Curb & Gutter in 15th Street NW from Valleyhigh Drive NW to West End of Roadway Project No. 6215-4-00 J9609 ,*73 . Report On Feasibility Of Proposed Local Improvement Project Project No. 6215-4-00 J. 9609 Concrete Curb & Gutter and Overlay in 15th Street NW from Valleyhigh Drive NW to West End of Roadway Date: March 20, 2000 Honorable Mayor & Common Council City of Rochester, Minnesota A resolution proposing certain petition requesting "Concrete Curb & Gutter and Overlay in 15th Street NW from Valleyhigh Drive NW to West End of Roadway" was referred to the Public Works Department January 19, 2000 for preparation of the Engineer's Feasibility Report. Engineer's Report We report the project is feasible and recommend its construction. The existing street was constructed with bituminous curbing in 1958 and is due for resurfacing. We recommend that the project be constructed and funded in accordance with the City's Comprehensive Pavement Management Strategy (CPMS). The CPMS is an objective, cost-effective program for the preservation, rehabilitation and reconstruction of the City's infrastructure. The most cost-effective strategy at this time for this street, which has a Pavement Condition Index (PCI) rating of 68, is rehabilitation. Work icludes resurfacing of the street, the addition of concrete curb and gutter and appropriate storm water rainage structures. The property owners direct contribution for rehabilitation is $15.00 per assessable foot (Residential), and $22.50 per assessable foot (Commercial) frontage. The estimated costs for the street rehabilitation, made without completed plans or survey are as follows: Grading & Paving, Curb & Gutter $110,000 Storm Sewer Repairs/Upgrades $ 10,000 Engineering, Interest, Contingencies 36,000 Total $156,000 IAssessment Basis for Rehabilitation The cost of rehabilitation as established by City Council Policy is: $15.00 per assessable foot (Residential) $22.50 per assessable foot (Commercial) Estimated assessable Residential frontage 902.82' x $15.00 per foot $13,542.30 Estimated assessable Commercial frontage 802.70' x $22.50 per foot $18,060.75 Total frontage assessments $31-603.05 Assessment Basis for Sidewalk Replacement Replacement sidewalk is assessed by the square foot of sidewalk replaced and is assessed directly to the abutting property owner at the following rates: 4" Sidewalk (residential) 5" Sidewalk (commercial) 6" Sidewalk (at residential drive approaches) 7" Sidewalk (at commercial drive approaches) $5.00 per square foot $5.75 per square foot $6.50 per square foot $7.00 per square foot Estimated assessable 4" Sidewalk = 111.38 x $5.00 persquare foot $556.90 Estimated assessable 5" Sidewalk = 768.00 ft2 x $5.75 per square foot $4 416.00 Estimated assessable 6" Sidewalk = 53.82 x $6.50 per square foot $349.83 Estimated assessable 7" Sidewalk = 469.34 x $7.00 per square foot $3 285.38 Total Sidewalk assessments $8 608.11 Assessment Basis for Drive Approach — Extra Widths All drive approaches will be replaced (at the existing width) with a concrete drive approach meeting current design standards. Additional width is assessed by the square yard and is assessed directly to the property owner at the following rates: 6" Concrete Drive Approach (Residential) $31.68 per square yard 7" Concrete Drive Approach (Commercial) $34.95 per square yard Since the extra width of the drive approach upgrade is entirely at the property owner's request, only the rates are given. Total Estimated Funding Distribution Special Assessments — Frontage Special Assessments — Sidewalk City Share Total Russell Kelm, PE Design Engineer $31,603.05 $8,608.11 $115,788.84 $156,000.00 Doug Nelson, PE Manager of Engineering BUDGET AND ASSESSMENT SCHEDULE FOR CONSTRUCTION CONTRACT Project No: 6215-4-00 J No: J9609 State Aid Project No Date: March 20, 2000 l� Description: Concrete Curb & Gutter and Overlay in 15th Street NW from Valleyhigh Drive NW to West End of Roadway Project Budget Contract Cost Final Cost Construction: Grading, Paving, Curb & Gutter $110,000 Storm Sewer Repairs/Upgrades $10,000 Watermain Replacement Engineering, Interest, & Contingency $36,000 Total Construction & Expense $156,000 Distribution: Special Assessments — Frontage $31,603.05 Special Assessments — Sidewalk $8,608.11 Special Assessments — Service Replace Water Utility Funds City Share $115,788.84 TOTAL $156,000.00 Notes: Make Initial Disbursement from P. I. R. Fund REQUEST FOR COUNCIL ACTION MEETING 077 / DATE: 3/20/00 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: ITEM NO. Public Works () •a S n tiM DESCRIPTION: "Feasibility Report for: Reconstruction of 9th Avenue SW from 2nd Street SW to 4th Street SW" (J9524) This is a Feasibility Report for the following local improvement project: Project Number 6309-3-99, (J9524) Proiect Name Reconstruction of 9th Avenue SW from 2nd Street SW to 4th Street SW Estimated Protect Costs Grading & Paving, Curb & Gutter $98,000 Sidewalk Replacement $7,000 Storm Sewer Repairs/Upgrades $10,000 atermain Replacement $55,000 Sanitary Replacement $30,000 Engineering, Interest, Contingencies $60,000 otal $260,000 Proiect Cost Distribution Special Assessments — Frontage $38,501.4 Special Assessments — Sidewalk $6,416.2 Special Assessments — Service Replace $1,600.0 Water Utility Funds $58,310.0 Sewer Utility Funds $37,485.0 City Share $117,687.3 OTAL $260,000.0 EPARED BY:,iy R. Kelm I Assessment Period All special assessments may be levied for a period of ten years with interest charged at a rate of 7.5% annually on the unpaid balance, or they may be paid in full when levied. COUNCIL ACTION REQUESTED: 1. Adopt the resolution receiving the Feasibility Report. 2. Adopt the resolution ordering a Public Hearing to be held May 1, 2000. 3. Adopt the resolution ordering the preparation of the Assessment Roll. 4. Adopt the resolution ordering an Assessment Hearing for May 1, 2000. Attach: Map, Feasibility Report, Budget and Assessment Schedule IUNCIL ACTION: Motion by: Second by to: q 0 r Concrete Curb & Gutter in Reconstruction of 9th Avenue SW from 2"d Street SW to 4ch Street SW Project No. 6309-3-99 J-9524 7� Report On Feasibility Of Proposed Local Improvement Project Project No. 6309-3-99 J. 9524 Reconstruction of 9th Avenue SW from 2nd Street SW to 4th Street SW Date: March 20, 2000 Honorable Mayor & Common Council City of Rochester, Minnesota A resolution proposing certain request for "Reconstruction of 9th Avenue SW from 2nd Street SW to 4th Street SW" was referred to the Public Works Department on January 19, 2000 for preparation of the Engineer's Feasibility Report. Engineer's Report We report the project is feasible and recommend its construction. Record plans of the existing street are unavailable. W atermain construction in this section is dated 1887 and 1949. The entire length is due for resurfacing. We recommend that the project be constructed and funded in accordance with the City's Comprehensive Pavement Management Strategy (CPMS). The CPMS is an objective, cost-effective program for the oreservation, rehabilitation and reconstruction of the City's infrastructure. The most cost-effective strategy at his time for this street, which has a Pavement Condition Index (PCI) rating of 20, is reconstruction. Work .ncludes grading, watennain, sewer, resurfacing of the street, the addition of concrete curb and gutter, sidewalk and appropriate storm water drainage structures. The property owners direct contribution for reconstruction is $30.00 per assessable foot (Residential), and $48.00 per assessable foot (Commercial) frontage. The estimated costs for the street reconstruction, made without completed plans or survey are as follows: Grading & Paving, Curb & Gutter $98,000 Sidewalk Replacement $7,000 Storm Sewer Repairs/Upgrades $10,000 atermain Replacement $55,000 Sanitary Replacement $30,000 Engineering, Interest, Contingencies $60,000 otal $260,000 �D Assessment Basis for Reconstruction The cost of reconstruction as established by City Council Policy is: $30.00 per assessable foot (Residential) $48.00 per assessable foot (Commercial) Estimated assessable Residential frontage (450.10') x $30.00 per foot $13,503.00 Estimated assessable Commercial frontage (520.80') x $48.00 per foot $24 99H 40 Total frontage assessments $38 501 40 Assessment Basis for Service Replacement .. It is expected that water line services may be replaced as part of the project. Replacement of watermain is funded 100% by the Water Utility. However, the City of Rochester's Watermain and Sewermain Policy adopted by the City Council on October 20, 1997, requires than any lead or galvanized water services must be replaced with copper as part of watermain replacement. Cost of service replacement charges for water and/or sewer will be billed directly to the property owner. If the service replacement charge is unpaid the City may levy the unpaid charge against the property as a special assessment. Payment of this assessment is required over a period not to exceed 5 years. Interest is charged at 7.5% annually from the date the service replacement is billed to the property owner at the following rates: Water 5/8" -in $ 800 1 '/z"- 3" J$1,000 Sewer 4"- 6" 1 $ 800 8" —12" J$1,200 The estimated assessable cost based on (2) properties in the area that may require a 1" water service connection is $1,600. Assessment Basis for Sidewalk Replacement Replacement sidewalk is assessed by the square foot of sidewalk replaced and is assessed directly to the abutting property owner at the following rates: 4" Sidewalk (residential) $5.00 per square foot 5" Sidewalk (commercial) $5.76 per square foot 6" Sidewalk (at residential drive approaches) $6.50 per square foot 7' Sidewalk (at commercial drive approaches) $7.00 per square foot " Sidewalk residential 1,053.21 SO. FT $5.00 $5,266.0 Sidewalk commercial 0.00 SO. FT $5.75 $0.0 " Sidewalk at residential drive approaches) 176.96 SO. FT $6.50 $1,150.21 " Sidewalk at commercial drive approaches) SO. FT $7.00 $0.00 Sub Total Sidewalk $6,416.2 Assessment Basis for Drive Approach — Extra Widths UI drive approaches will be replaced (at the existing width) with a concrete drive approach meeting current lesign standards. Additional width is assessed by the square yard and is assessed directly to the property owner at the following rates: 6" Concrete Drive Approach (Residential) $31.68 per square yard 7" Concrete Drive Approach (Commercial) $34.95 per square yard Since the extra width of the drive approach upgrade is entirely at the property owner's request, only the rates are given. Total Estimated Funding Distribution Russell Kelm, PE Design Engineer Special Assessments — Frontage $38,501.401 Special Assessments — Sidewalk $6,416.2 Special Assessments — Service Replace $1,600. Water Utility Funds $58,310. Sewer Utility Funds $37,485. City Share $117,687.3 OTAL 1$260,000.00 Doug Nelson, PE Manager of Engineering �OL / BUDGET AND ASSESSMENT SCHEDULE FOR CONSTRUCTION CONTRACT Project No: 6309-3-99 Date: March 20, 2000 J No: J9524 State Aid Project No Description: Reconstruction of 9th Avenue SW from 2nd Street SW to 4th Street SW Project Budget Contract Cost Final Cost Construction: Grading & Paving, Curb & Gutter $98,000 Sidewalk Replacement $7,000 Storm Sewer Repairs/Upgrades $10,000 Watermain Replacement $55,000 Sanitary Replacement $30,000 Engineering, Interest, Contin encies $60,000 Total $260,000 Distribution: Special Assessments — Frontage $38,501.40 Special Assessments — Sidewalk $6,416.25 Special Assessments — Service Replace $1,600.00 Water Utility Funds $58,310.00 Sewer Utility Funds $37,485.00 City Share $117,687.35 TOTAL $260,000.00 Notes: Make Initial Disbursement from P. 1. R. Fund r J, :',,m OFS CM.DCCS ^oc^,g9t&A ".ed.JCC REQUEST FOR COUNCIL ACTION MEET NG S3 DATE: 3/20/00 AGENDA SECTION*. CONSENT AGENDA ITEM DESCRIPTION: ORIGINATING DEPT: ITEM NO. Public Works V •ab Feasibility Report for: PREPARED By: "Reconstruct North -South Alley in 200 Block between Broadway R. Kelm and 1st Avenue SW" (J9512) This is a Feasibility Report for the following local improvement project: Project Number 63001/2-3-99 J-9512 Project Name Reconstruct North -South Alley in 200 Block between Broadway and 1 st Avenue SW Estimated Proiect Costs Grading & Paving, Curb & Gutter $63,500.00 Sidewalk Replacement Storm Sewer Repairs/Upgrades $10,500.06 atermain Replacement Sanitary Replacement Engineering, Interest, Contingencies $22,200.06 otal $96,200.00 Project Cost Distribution Special Assessments — Frontage $9,908.70 Special Assessments — Sidewalk Special Assessments — Service Replace Water Utility Funds Sewer Utility Funds $10,500.00 City Share $75,791.3 OTAL $96,200.0 Assessment Period All special assessments may be levied for a period of ten years with interest charged at a rate of 7.5% annually on the unpaid balance, or they may be paid in full when levied. COUNCIL ACTION REQUESTED: 1. Adopt the resolution receiving the Feasibility Report. 2. Adopt the resolution ordering a Public Hearing to be held May 15, 2000. 3. Adopt the resolution ordering the preparation of the Assessment Roll. 4. Adopt the resolution ordering an Assessment Hearing for May 15, 2000. Attach: Map, Feasibility Report, Budget and Assessment Schedule t,JUNCIL ACTION: Motion by: Second by: to: RECONSTRUCT NORTH -SOUTH ALLEY IN 200 BLOCK BETWEEN BROADWAY AND 1ST AVENUE SW Project Location Project No. 6300 1/2-3/99 J9512 I L___ ' S4 Report On Feasibility Of S� Proposed Local Improvement Project Project No. 63001/2-3/99 J-9512 Reconstruct North -South Alley in 200 Block between Broadway and 1st Avenue SW Date: March 20, 2000 Honorable Mayor & Common Council City of Rochester, Minnesota A resolution proposing, "Reconstruct North -South Alley in 200 Block between Broadway and 1st Avenue SW", was referred to the Public Works Department on January 19, 2000 for preparation of the Engineer's Feasibility Report. Engineer's Report We report the project is feasible and recommend its construction. The date the majority of roadway sections were constructed could not be determined, however a portion of the existing Alley was reconstructed with watermain in 1978. We recommend that the project be constructed and funded in accordance with the City's Comprehensive Pavement Management Strategy (CPMS). The Alley will be reconstructed with concrete pavement, which will provide a long lasting, durable well -drained surface. he property owners direct contribution for reconstruction of the Alley is $15.00 per assessable foot There will be no assessments for sewer repairs, The estimated costs for the Alley, made without completed plans or survey are as follows: Grading & Paving, Curb & Gutter $63,500.00 Sidewalk Replacement Storm Sewer Repairs/Upgrades $10,500.00 atermain Replacement Sanitary Replacement Engineering, Interest, Contingencies $22,200.00 otal $96,200.00 Assessment Basis for Alley Reconstruction The cost of reconstruction as established by City Council Policy is: $15.00 per assessable foot (Alley) Estimated assessable Commercial Alley frontage 660.58 x $15.00 per foot I$9,908.70 Total Estimated Funding Distribution Russell Kelm, PE Design Engineer Special Assessments — Frontage $9,908.70 Special Assessments — Sidewalk Special Assessments — Service Replace Water Utility Funds Sewer Utility Funds $10,500.00 City Share $75,791.30 OTAL $96,200.0 Doug Nelson, PE Manager of Engineering s"7 BUDGET AND ASSESSMENT SCHEDULE FOR CONSTRUCTION CONTRACT Project No: 6300 1/2-3-99 J No: 9512 Date: March 20, 2000 Description: "Reconstruct North -South Alley in 200 Block between Broadway and 1 st Avenue SW" Project Budget Contract Cost Final Cost Construction: Grading & Paving, Curb & Gutter $63,500.00 Sidewalk Replacement Storm Sewer Repairs/Upgrades $10,500.00 Watermain Replacement Sanitary Re lacement Engineering, Interest, Contingencies $22,200.00 Total $96,200.00 Distribution: Special Assessments — Frontage $9,908.70 Special Assessments — Sidewalk Special Assessments — Service Replace Water Utility Funds Sewer Utility Funds $10,500.00 City Share $75,791.30 TOTAL $96,200.00 Make Initial Disbursement from P. I. R. Fund REQUEST FOR COUNCIL ACTION MEETING 8 1_� DATE: 3/2 /00 AGENDA SECTION: ORIGINATING DEPT! ITEM NO. CONSENT AGENDA Public Works Ib .0117 ITEM DESCRIPTION: r-easlomty rteporu: PREPARED BY: "Reconstruct North -South Alley in 300 Block between Broadway R. Kelm, �r< and 1st Avenue SW" (J9511) This is a Feasibility Report for the following local improvement project: Project Number 63001/2-3-98 J-9511 Proiect Name Reconstruct North -South Alley in 300 Block between Broadway and 1st Avenue SW Estimated Protect Costs Grading & Paving, Curb & Gutter $58,367.00 Sidewalk Replacement Storm Sewer Repairs/Upgrades $2,400.00 atermain Replacement Sanitary Replacement Engineering, Interest, Contingencies $18,230.6-0 otal $78,997.00 Project Cost Distribution Special Assessments - Frontage $10,035.00 Special Assessments - Sidewalk Special Assessments - Service Replace Water Utility Funds Sewer Utility Funds $2,400.0 City Share $66,562.0 OTAL $78,997.0 Assessment Period All special assessments may be levied for a period of ten years with interest charged at a rate of 7.5% annually on the unpaid balance, or they may be paid in full when levied. COUNCIL ACTION REQUESTED: 1. Adopt the resolution receiving the Feasibility Report. 2. Adopt the resolution ordering a Public Hearing to be held May 15, 2000. 3. Adopt the resolution ordering the preparation of the Assessment Roll. 4. Adopt the resolution ordering an Assessment Hearing for May 15, 2000. Attach: Map, Feasibility Report, Budget and Assessment Schedule ACTION: Motion by: second by: to: 19 RECONSTRUCT NORTH -SOUTH ALLEY IN 300 BLOCK BETWEEN BROADWAY AND 1ST AVENUE SW Project No. 63001/2-3-98 J9511 I Report On Feasibility Of Proposed Local Improvement Project Project No. 6300 1/2-3-98 J-9511 Reconstruct North -South Alley in 300 Block between Broadway and 1st Avenue SW Date: March 20, 2000 Honorable Mayor & Common Council City of Rochester, Minnesota A resolution proposing, "Reconstruct North -South Alley in 300 Block between Broadway and 1st Avenue SW", was referred to the Public Works Department on January 19, 2000 for preparation of the Engineer's Feasibility Report. Engineer's Report We report the project is feasible and recommend its construction. The date the majority of roadway sections were constructed could not be determined, however a portion of the existing Alley was reconstructed with watermain in 1978. We recommend that the project be constructed and funded in accordance with the City's Comprehensive Pavement Management Strategy (CPMS). The Alley will be reconstructed with concrete pavement, which will provide a long lasting, durable well -drained surface. he property owners direct contribution for reconstruction of the Alley is $15.00 per assessable foot There will be no assessments for sewer repairs. The estimated costs for the Alley, made without completed plans or survey are as follows: Grading & Paving, Curb & Gutter $58.367.00 Sidewalk Replacement Storm Sewer Repairs/Upgrades $2,400.00 atermain Replacement Sanitary Replacement Engineering, Interest, Contingencies $18,230.06 otal $78,997.00 Assessment Basis for Alley Reconstruction The cost of reconstruction as established by City Council Policy is: $15.00 per assessable foot (Alley) Estimated assessable Commercial Alley frontage 669.00 x $16.00 per foot I $10,035.00 Total Estimated Funding Distribution Russell Kelm, PE Design Engineer Special Assessments — Frontage $10,035.00 Special Assessments — Sidewalk Special Assessments — Service Replace Water Utility Funds Sewer Utility Funds $2,400.00 City Share $66,562.00 OTAL $78,997.00 Doug Nelson, PE Manager of Engineering a3 BUDGET AND ASSESSMENT SCHEDULE FOR CONSTRUCTION CONTRACT Project No: 6300 1/2-3-98 J No: 9511 Date: March 20, 2000 Description: "Reconstruct North -South Alley in 300 Block between Broadway and 151 Avenue SW" Project Budget Contract Cost Final Cost Construction: Grading & Paving, Curb & Gutter $58,367.00 Sidewalk Replacement Storm Sewer Repairs/Upgrades $2,400.00 Watermain Replacement Sanitary Replacement Engineering, Interest, Contingencies $18,230.00 Total $78,997.00 Distribution: Special Assessments — Frontage $10,035.00 Special Assessments — Sidewalk Special Assessments — Service Replace Water Utility Funds Sewer Utility Funds $2,400.00 City Share $66,562.00 TOTAL $78,997.00 Make Initial Disbursement from P. I. R. Fund REQUEST FOR COUNCIL ACTION MEETING DATE: 95� 3/20100 AGENDA SECTION: CONSENTAGENDA ORIGINATING DEPT: Public Works ITEM NO. a 42 M DESCRIPTION: Request Bids for Painting of Traffic Signals & Parking Ramps PREPARED BY D. Rossma This is a recommendation to set a bid date for 2 City Projects those being: 1. City Project No. (J-6399) "Year 2000 Traffic Signal Painting Program ". This project is listed on page 326 of the 2000 City budget. The work consists of painting poles, mast arms, signal hardware, and controller cabinets at 10 intersections. 2. City Project No. (J-4961) "Year 2000 Painting of Parking Ramps" This project is the annual painting of various items in the 5 City Parking ramps. The areas designated for painting this year are the stairtowers in the Center Street Ramp and First Street Ramp, all the office areas and doors. This work is funded in the Parking Operating Budget. These two projects will be combined as one bid package to provide efficiency and better prices. The bids are requested for April 12, 2000 with Council approval of bids at the April 17th meeting. COUNCIL ACTION REQUESTED: Adopt the prepared resolution authorizing a bid date of 4-12-00 for; " City Project No. (J-6399) ) "Year 2000 Traffic Signal Painting Program " and City Project No. (J-4961) "Year 2000 Parking Ramp Painting" UNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION NEE`YG DATE. 3 Ifq ? AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITYADMLNISTRATOR D,O-A u cM DESCRIPTION: FUNDING FOR LOCAL SHARE OF PCBLIC LIBRARY PREPARED BY: ACCESSIBILITY GRANT S. KVENVOLD The Rochester Public Library has applied for a grant to make some accessibility improvements at the Library (see attached). The grant funds are $8,408 and would be matched by local funds of S8,408. The Library is requesting that the City Council appropriate the local share to match the grant funds. COUNCIL ACTION REQUESTED: Request a motion appropriating $8,408 from the Future Construction Account (301-1994) to provide the local share of this project. %,vUNCIL ACTION: Motion by: Second by: to: RochesterPubhc Memo Lim 101 SECOND STREET SE ROCHESTER, MN 55904 5071285-8000 FAX 507/287.1910 CONNIE JO OZINGA DIRECTOR To: Steve Kvenvold From: Audrey S. Betcher Date: March 8, 2000 Subject: Accessibility Chant M. www.d.rochester.mn.us/library The Library has applied to the state for a Public Library Accessibility Grant to do the following projects: Door openers on the public restrooms in Information Services and in the Children's area. Door openers on the staff restrooms near the training room on the second floor. (The public uses the training room on a regular basis.) Assistive listening devices added to the F.A. system in the auditorium. The grant will pay up to 50% of the costs, the remaining 50% of the cost must be locally matched. Attached is a copy of the spreadsheet showing costs. As part of the grant process we did an ADA self -evaluation. I am also including a copy of the "Building Transition Plan" which resulted from that analysis. Once the grant items have been completed, the remaining issues are minor. Per our conversation, the local dollars portion would come out of the City's Contingency Fund. Based on the grant timelines, the projects will begin in late May. Though the grant has not been formally approved, we've had verbal communication that indicates that it will be. If you would like any additional information or if you have any questions, please let me know. Rochester Public Library Income and Expenses Accessibility Grant Attachment 8 q ra= Expenses Local Dollars Grant By type of work Electrical Work Automatic Doors, hardware and installation Assisted Listening transmitter, 3 receivers, and installation By project: Public restrooms door openers Staff restroom door openers (2 on second floor) Assistive listening system add -on to the auditorium's PA system Total Expenses $8,408.00 $8,408.00 $16,816.00 $1,800.00 $14, 021.00 $995.00 $10,240.00 $5, 581.00 $995.00 $16,816.00 a Rochester Public Library AAA Building Transition Plan Accessibility Grant Attachment 4 Areas of non-compliance from the Building Access Survey: • All bathrooms have floor to ceiling doors which are heavy and difficult to open for handicapped persons. Part of grant request (2000) • No assistive listening system in auditorium. Part of grant request (2000) • No van accessible signage on handicapped parking Purchase sign (2000) • Handrail on one side only for the back hallway on the first floor Evaluate situation and recommend changes (2000) • No service cart available Purchase service cart (2000) REQUEST FOR COUNCIL ACTION MEETING t. DATE: 3-20-00 AGENDA SECTION: I ORIGINATING DEPT: ITEM NO. CONTINUED - PUBLIC HEARINGS PLANNING E . ITEM DESCRIPTION: General Development Plan #149 Hidden Oaks Valley PREPAREMitzi AB A. j March 16, 2000 NOTE., This GDP was previously continued to allow the applicant additional time to submit a revised GDP. A i revised GDP was submitted reflecting some of the revisions recommended by the Planning Commission. In response to the revised GDP, staff suggests revisions to the conditions and modifications recommended by the Planning Commission. The revised changes are identified with sttikethFauo text for text to be deleted and underlined text for text to be added. Staff would like to note that after the Planning Commission meeting, the County Board approved amendments to the County Land Use Plan that include this property. Amendments to the 25 year Urban Service Area result in all of the undeveloped portions of this property being within the 25 year Urban Service Area. Since this decision has been made, the Council may want to remove the language "if platted within the City", from the first bullet under condition #1. City Planning and Zoning Commission Recommendation, Motion by Schultze, seconded by Slaver to approve GDP #149 with the following conditions and modifications, motion carried 7-0. t. The GDP be revised to: • Show the "66' Future Access and Utility Easement" as public right-of-way to the north property line, which will be dedicated at the time of platting, if platted within the Clty o. - PFOVICIA A 30' molde FRid Weak pedestnap rURROGIIGA WORN the anialh sid@ Of the FROM SOW!hQFIY east west Feadway, dei;ignation�". the stubbed roadway leading mouth ffen; che fWtWF6 G0119WOF, OF SO that With tha ReFthiso-th roadway read W tWQ QQFA9r that w 11 be pladed with suladivismeR ;mix: The revised GOP shall be riled with the Planning Department 2. The applicant shall enter into a development agreement with the City that outlines the obligations of the applicant relating to, but not limited to, substandard street charges, storm water management park dedication, traffic improvements, pedestrian facilities, right-ol-way dedication, and contributions for public infrastructure. 3. At the time of platting, controlled access must be provided along Bandel Road, with the exception of the public road shown on the GDP, and also within 50' of the intersection with Bendel Road, consistent with an access study being completed for that roadway. At the time of platting, controlled access shall be provided along the right-of-way for the road labeled Yuture 65i8 Street,' consistent with an access study being completed for that roadway. When platted, the area shown as the'66' future access and utility easement` shall be dedicated as public right-of-way to the north property line. ............Conditions are continued on next page c.vUNCIL ACTION: Motion by: Second by: to: jr""Ilt ;, 3 7 Page 2/� RCA March 1 , 2000 4. Roadway names shown on the GDP may not meet the roadway naming standards of the LDM. The applicant shall coordinate with the City and Planning Department G1S staff to determine appropriate roadway naming designations. 5. In order to provide adequate water supply for this development, the development will either need to be timed so that the NW High Level Water System is available to this property concurrent with infrastructure improvements on -site. Or, a temporary booster pump station shall be installed by the developer to improve water service to the property and the station be removed at the time the NW High Level System is made available. Planning Staff Recommendation: See attached staff report dated February 4, 2000 Council Action Needed: 1. If the Council wishes to proceed with the general development plan as proposed, it should instruct the City Attorney to prepare a resolution, with findings, for Council approval. Attachments: 1. Staff Report dated February 4, 2000 2. Minutes of February 9, 2000 CPZC Meeting Distribution: 1. City Clerk 2. City Administrator 3. City Attorney 4. Planning Department File 5. McGhie & Betts, Inc. 5. Applicant: This item will be considered some time after 7:00 p.m. on Monday March 20. 2000 in the Council / Board Chambers in the Government Center at 151 4th Street SE. rct: f ROCHESTER Minnesota 1 15100 TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur REVISED 3115100 (o 5� DEPARTMENT OF PUBLIC WORKS 2010 Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507.281-6216 The Department of Public Works has reviewed the revised application for General Development Plan #149 on the Big DE (Hidden Oaks Valley) property. The following are Public Works comments on the proposal: Note: Revised comments are shown in bold, all others were included in our comments dated 212/00. Storrs Water Management must be addressed provided for this development. On -site detention is shown on the proposed GDP plan. Any on -site stormwater facilities serving 50 developable acres or less will remain private, and execution of a long term maintenance & ownership agreement will be required. All required private stormwater facilities must be constructed concurrent with the initial stages of development. 2. Controlled access must be provided along the right-of-way for the future 65" St NW, as determined by the City Engineer. Controlled access will also be required along Bandel Rd NW with the exception of the single proposed access right-of-way. Additional controlled access will be required for private driveways within 50 feet from the intersections of any new road(s) with W Ave NW, of Bandel Rd NW. 3. The connection shown as '66' Future Access & Utility Easement", between the north/south cul-de-sac should be shown as public right-of-way and dedicated at the time of platting. 4. Developer agrees to dedicate the needed right of way for 650 street NW, estimated to be 120.00 feet total (60 feet each side of centerline).The required right-of-way shall be reserved with the first phase of this development. Dedication shall be outlined in the Development Agreement. CITE M PNGOP 149Rev3-00. doc lob ROCHESTER Minnesota 3/15,00 TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DEPARTMENT OF PUBLIC WORKS 201 4' Street SE Room 108 Rochester, MN 55904.3740 507-287-7800 FAX — 507-281-6216 5. Pedestrian facilities will be required along both sides of all new public roads abutting this property, and along all the east side of Bandel Rd NW. A 10 foot bituminous bike path may be required, along the east side of Bandel Rd NW. 6. Specific routing of sanitary sewer lines will be reviewed further during the platting stages. 7. Execution of a City / Owner Contract will be required prior to construction of public infrastructure. 8. The applicant shall enter into a development agreement with the City that outlines the obligations of the applicant relating to, but not limited to, substandard street charges, stormwater management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, and contributions for public infrastructure. 9. The amended access location from the south to the future alignment of 65 h St NW addresses Public Works prior comment. The aliqRFF16Rt Of the +LW - The following charges/fees are applicable for the development of the property (rates are subject to annual review and change): Sanitary Sewer Availability Charge (SAC) @ $1605.50 per developable acre. Water Availability Charge (WAC) @ $1605.50 per developable acre. •3 A proportional share of the costs to reconstruct Bandel Road NW. Sanitary Sewer & Water Connection Charges for the frontage along Bandel Road. •S Traffic Signs as determined by the City of Rochester Traffic Division. C:VTEMP\G OP 149Rev3-00.doc ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS OR SE ROCHESTER MN 55904-4744 TO: City Planning and Zoning Commission ADMINISTRATION/ 507/285.8232 PLANNING GI&ADDRESSING/ 5071285-8232 FROM: Mitzi A. Baker, Planner MAPPING NouslNGrrIRA 507/285-8224 DATE: February 4, 2000 BUILDING CODE 5071285.8213 WEUJSEPnc 507/285-8345 FAX 507/287-2275 RE: General Development Plan #149 to be known as Hidden Oaks Valley Planning Department Review: Appllcant/Owner: Consultants: Summary: Big DE Development PO Box 247 Byron, MN 55920 McGhie & Betts, Inc. 1648 Third Ave. SE Rochester, MN 55904 This property is located east Bandel Road NW, near 650 St. NW. A GDP for this property was approved by the County in May 1999 that included 160 acres. The large lots shown at the very northern and northeastern portions of the property have been platted in the County. When the County approved the GDP, the alignment of a future collector road had not been studied. ROCOG has since initiated the process to amend the Long Range Thoroughfare Plan to identify a future collector road extending east from Bendel Rd. NW at W St. NW to 181° Ave. NW. This GDP identifies the future alignment of this roadway, as it will be planned through this property and includes approximately 101.5 acres of land. Environmental Review: At the time the County reviewed the GDP for this property, it was noted that an Environmental Assessment Worksheet (EAW) would need to be completed for the development of this property. in accordance with the Minnesota Rules, 4410.4300 subp. 36, the proposed development of this property would require preparation of a Mandatory Environmental Assessment Worksheet since it consists of the conversion of 80 or more acres of agricultural land to a more intensive land use, i.e. residential and potentially commercial development. At this time, an EAW has not bee submitted to the Planning Department for this property �t� Staff Suggested Findings and Recommendation: Paragraph 61.215 of the Rochester Zoning Ordinance and Land Development Manual lists the criteria for approval of a general development plan (see attached section from the newly adopted regulations, which became affective May 15, 1999. Criteria A. The proposed land uses are generally in accord with the adopted Comprehensive Plan and zoning map, or that the means for reconciling any differences have been addressed. A GDP may be processed simultaneously with a rezoning or plan amendment request. The portion of the GDP showing low density residential development is consistent with the Rochester Urban Service Area Land Use Plan designation for this area which is "low density residential". The portion of the site labeled "future commercial development" is not consistent with the Land Use Plan. Criteria B. The proposed development, including its lot sizes, density, access and circulation are compatible with the existing and/or permissible future use of adjacent property. The density and lot sizes for the residential portion of the property appear consistent with the land use designation and the R-f zoning of the property already annexed into the City. The GDP should be revised to reflect the future re -alignment of Bendel Rd. NW showing a 90° intersection with the future collector road (labeled 650 St. NM. Pedestrian facilities also need to be reflected on the Plan and should be shown along Bendel Rd. NW and the future collector road. Sidewalk will also be required along both sides of all new roads. It should be noted that the future collector road will not likely be named 6e St. NW and should not be shown as such on the GDP. A portion of the GDP is labeled "future single family development 18-54 lots" The ability to serve this area with municipal services will impact the density. A cul-de-sac within this area will need to be platted with right-of-way to the north property line at the time of platting. Criteria C. The mix of housing is consistent with adopted Land Use and Housing Plans. The development density is consistent with a Low Density Residential land use designation of the Land Use Plan and is consistent with the Housing Plan and the standards for the physical and social environments of residential neighborhoods. The whole GDP, including that portion already platted in the County, provides for varied lot sizes for single family detached homes. Criteria D. The proposed plan makes provisions for planned capital improvements and streets reflected in the City of Rochester's current 6-Year Capital Improvement Program, adopted Thoroughfare Plan, the ROCOG Long -Range Transportation Plan, Official Maps, and any other public facilities plans adopted by the City. Street system improvements required to accommodate proposed land uses and projected background traffic are compatible with the existing uses and uses shown in the adopted Land Use Plan for the subject and adjacent properties. goy The GDP identifies a needed future collector road that will extend east from Bendel Rd. NW, at 650 St. NW, to 18i° Ave. NW. ROCOG has initiated the process to amend the Long Range Thoroughfare Plan to identify this collector road. The GOP will need to be revised to identify a pedestrian system along both Bendel Rd. NW and 65" St. NW. Criteria E. On and off -site public facilities are adequate, or will be adequate if the development is phased in, to serve the properties under consideration and will provide access to adjoining land in a manner that will allow development of those adjoining lands in accord with this ordinance. Street system adequacy shall be based on the street system's ability to safely accommodate trips from existing and planned land uses on the existing and proposed street system without creating safety hazards, generating auto stacking that blocks driveways or intersections, or disrupting traffic flow on any street, as identified in the traffic impact report, if required by Section 61.523(C). Capacity from improvements in the first 3 years of the 6-year CIP shall be included in the assessment of adequacy. A portion of the GDP is labeled 'future single family development 18-54 lots" A cul-de-sac within this area will need to be platted with right -of --way to the north property line at the time of platting. The GDP should be revised to reflect the future re -alignment of Bandel Rd. NW showing a 900 intersection with the future collector road (labeled 6e St. NW). Pedestrian facilities also need to be reflected on the Plan and should be shown along Bendel Rd. NW and the future collector road 2. Utilities are now available to directly serve the area of the proposed land use, or that the City of Rochester is planning for the extension of utilities to serve the area of the proposed development and such utilities are in the first three years of the City's current 6-Year Capital Improvements Program, or that other arrangements (contractual, development agreement, performance bond, etc.) have been made to ensure that adequate utilities will be available concurrently with development. If needed utilities will not be available concurrent with the proposed development, the applicant for the development approval shall stipulate to a condition that no development will occur and no further development permit will be issued until concurrency has been evidenced. Sewer is available at Bendel Rd. NW and will be extended to serve the area of the Plan which shows urban sized single family lots. The area lying north and east of these lots may need to be served by another line which would be extended to this property from the VOA property located south and east of this site (at the intersection of 550 St. NW and 1r Ave. NM. Water service to the site is currently limited. In order to provide adequate pressure for domestic use, the Northwest High Level Water System will need to be extended to this property from the Orchard Ridge development on the west side of TH 52. An alternate option, approved by RPU Water, is the installation of a temporary booster pump station that would be removed at the time the higher pressure from the NW High Level System is made available. (10 3. The adequacy of other public facilities shall be based on the level of service standards in Section 64.130 and the proposed phasing plan for development. The GDP proposes a storm water detention facility within the area labeled as "future open space". The location, size and design of these facilities will require further review. Detailed construction plans will need to be approved for all infrastructure improvements. The GDP will need to be revised to identify pedestrian facilities along 8andel Rd. NW and the future collector road. Sidewalk will be required along both sides of all new roadways. The design of the single family urban lots and roads shown along the south property boundary results in a 985' long block with no mid -black pedestrian connections. A 30' pedestrian easement should be provided within this block to provide for pedestrian connections between this development and future development on the adjacent property, consistent with Section 64.227, A of the LOU Re -alignment of Bendel Rd. NW to intersect with the future collector road at 900 should also be reflected on a revised Plan. A 40 acre parWschool site is located south and east of this site. Park dedication requirements for this development should be met via cash dedication in lieu of land. Criteria F. The drainage, erosion, and construction in the area can be handled through normal engineering and construction practices. or that, at the time of land subdivision, a more detailed investigation of these matters will be provided to solve unusual problems that have been identified. The GDP proposes a storm water detention facility north of the area that identifies urban single family lots. The location, size and design of this facility will require further review. Criteria G. The lot, block, and street layout for all development and the lot density for residential development are consistent with the subdivision design standards contained in Section 64.100 and compatible with existing and planned development of adjacent parcels. The design of the single family urban lots and roads shown along the south property boundary results in a 985' long block with no mid -block pedestrian connections. A 30' pedestrian easement should be provided within this block to provide for pedestrian connections between this development and future development on the adjacent property, consistent with Section 64.227, A of the t-DM. A portion of the GDP is labeled "future single family development f 8-54 lots" The ability to serve this area with municipal services will impact the density. A cut -de -sac within this area will need to be platted with right-of-way to the north property line at the time of platting. The GDP will need to be revised to eliminate the "future commercial development' designation since the property is not designate for commercial uses on the Land Use Plan. The other option is to label that area for 'non- residential uses permitted in a low density land use designation" since that tit location may meet the site location criteria for some non residential uses in the low density residential zoning districts. An open space area was shown on the original GDP for this property, in part because of development limitations dictated by topography and limited ability to serve that area with City services. The original GDP did not include the future collector road, now identified on the Plan. Staff questions whether the area designated for "future open space" is an appropriate designation given the infrastructure facilities that will abut the property in the future. The applicant and consultant should consider the infrastructure planned to abut this property in the future and determine whether development of a portion of that property would be possible as a result of this change. Staff Recommendation: Staff has reviewed this GDP according to the applicable regulations and criteria and recommends the following conditions or modifications: t. The GDP be revised to: • Identify the future alignment of Bandel Rd. NW with a 90' intersection with the future collector road; • Provide a 30' wide mid -block pedestrian connection along the south side of the most southerly east -west roadway; • Re-4abel the area currently shown for "future commercial development". That area shall either be labeled "non residential uses permitted within a low density residential land use designation" or "low density residential", consistent with the Land Use Plan designation for this property; • Identify future pedestrian trails along the east side of Bandel Rd. NW and the south side of the future collector road; • Show the'66' Future Access and Utility Easement" as public right-of-way to the north property line, which will be dedicated at the time of platting; • Minimize access to the future collector road by re -aligning the most southerly east - west road so that it intersects with the stubbed roadway leading south from the future collector, at the extreme southeast comer of the property; The revised GDP shalt be filed with the Planning Department. Z The applicant shall enter into a development agreement with the City that outlines the obligations of the applicant relating to, but not limited to, stormwater management, park dedication, franc Improvements, pedestrian facilities, right-of-way dedication, and contributions for public Infrastructure. 3. At the time of platting controlled access must be provided along the right -of --way for the future 650 SL NW and also along Bandel Rd. NW, with the exception of the one public road access shown on the GDP. When platted, the area shown as the "66' Future Access and Utility Easement" shall be dedicated as public right-of-way to the north property line. 4. Roadway names shown on the GDP may not most the roadway naming standards of the LDM. The applicant shall coordinate with the City and Planning Department GIS staff to determine appropriate roadway naming designations. 5. in order to provide adequate water supply for this development, the development will either need to be timed so that the NW Nigh Level Water System is available to this property concurrent wii Infrastructure improvements on -site. Or, a temporary booster pump station shall be Installed by the developer to Improve water service to the property and the station be removed at the time the NW Nigh Level System is made available. 113 FROM: Planning Department, Transportation Division Cloy Prel Plat 99- 48 ; The final plat for this subdivision should have a no access restriction Bandel North included on the west side of Lot 1 of Block 1 and Lot 13 of Block 4, First Outlot B should be either dedicated as right of way or a condition should be included in the Development Agreement that will accompany development of this subdivision to he effect that if the City determines to proceed with the construction of 65 St Outlot B wiil be deeded to city for right of way purposes. The standard policy of the city is to require dedication of local and collector street right of ways as part of the plat approval process. City GDP 149 Hidden Oaks The main issue in regards to this General Development Plan is the Valley identification of a future corridor to allow for the extension of 65'" St. eastward from Bendel Road to 18`n Ave. The need for this corridor has been identified through on -going discussions and review of street systems needs in the area. The corridor addresses two key needs: 1. As a general rule of thumb, typically urban development intensities require collector and/or arterial streets to be providing on or about A mile spacings in order to provide an adequate amount of major street capacity (thus relieving traffic from local streets) and to provide adequate overall connectivity. Prior to this time north of 55'" St. there have been no major east -west streets planned. In part this was a response to the thought that urban intensity development would not extend north of where a 65'n St. extension would be located. However, with the urban growth boundary expansion being discussed it appears that urban intensity development will extend further north and infrastructure accommodations need to be planned for. 2. A second concern is that with a planned overpass of TH 52 at 65'" St. envisioned as the minimum improvement at that intersection, there is the potential for additional traffic from the west side of TH 52 being funneled into the intersection of the Bendel Rd/East Frontage Rd and 55 St. The extension of 651n St. to 181n Ave. will reduce this impact and relieve the level of congestion that would otherwise occur there by providing for a better overall dispersion of traffic throughout this area. ROCOG has initiated the process to amend the Long Range Thoroughfare Plan to reflect the extension of 65'11 St, as a collector street between Bendel Road and 18' Ave. The City has retained the firm of McGhie & Betts to evaluated alternative alignments for the 651n St. corridor. Their preliminary analysis has been reviewed with the staffs of City and County Public Works, MnDOT and Planning's transportation staff. Of the alternatives evaluated, which included corridors that would have went south of the Hidden Oaks area, the corridor reflected on the plan appears to provide the most logical location in terms of road alignment, function and minimizing the division of current property ownerships. When this alignment leaves the Hidden Oaks site heading eastward there are some alternative options which are being reviewed with landowners, which include the School District and Park Department on a 40 acre site immediate)y to the southeast. u� The one change or modification to the General Development Plan that is recommended would be for the GDP to reflect the future need to align Bandel Road in a direct north -south alignment along the west property line all the way to the proposed 65'" St. alignment. This realignment is recommended in order to create a cleaner, 900 intersection with the future 65"' St. and a potential extension of Bendel Road to the north and to i provide additional spacing between the end of any bridge structure over the highway and the first intersecting street. t'. N_ we pledye, we deliver January 28, 2000 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: General Development Plan #149 by Big DE Development to be known as Hidden Oaks Valley, which is the Bandet North area. Dear Ms. LaPalm: Our review of the referenced general development plan is complete and our comments follow: 1. The property may be subject to the water availability fee, connection fees or assessments. The Land Development Manager (507-281-6198) at the Public Works Department determines the applicability of these fees. 2. The majority of this property is serviceable from the Northwest High Level Water System, which is currently available approximately one mile to the west at the North Park Water Tower. There are preliminary plans however to extend this water system to the east with the Orchard Ridge Development and a feasibility study has been prepared by the City Public Works Department to bring it the balance of the way to serve this area. 3. The other option that has been discussed and approved by us is the installation of a temporary booster pump station by the developer to provide adequate pressure for domestic use and a limited amount of water available for fire protection. This would then be removed at the time the higher pressure from the NW High Level System was made available. 4. We will work with the applicant's engineering firm to develop the necessary water system layout to serve this area. Please contact us at 507-280-1600 if you have questions. Very truly yours, p Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention McGhie & Betts, Inc. Big DE Development Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 (1" ALL-AWMG CRY `!V, ROCHESTER DATE: January 28, 2000 TO: Suzanne LaPalm, Planning From: Lyle Felsch, Deputy Chief �9j YFDyCGU SS.... DAVID A. KAPLER, Chief Rochester Fire Department 201 4th Street SE, Room 10 Rochester, MN 55904-3726 (507)285-8072 FAX #(507)285-8256 Subj: General Development Plan 99-149, Hidden Oaks Valley., located east side of Bandel North First Subd, in cascade Township adjacent to the City of Rochester The majority of this project is outside of the City of Rochester and will receive fire protection as contracted with Cascade township. The portion within the city is beyond the 4 minute fire response standard of the Rochester Fire Department and will will add 66 single family residential lots on 28.66 to the in -city response area of the Rochester Fire Department The following are the requirements of the fire code: An adequate water supply shall be provided for fire protection including hydrants properly located and installed in accordance with the specifications of the Water Division. Hydrants shall be in place prior to commencing building construction. The submittal does not address water supplies for the township portion, so it is assumed fire protection water will be tanked to the site by the fire department. Due to the close proximity to the Bandel Water tank (not a tower), the portion within the city presently has marginal water pressures and booster pump(s) may be necessary to insure adequate fire protection water supplies. Refer to comments from Donn Richardson, RPU Water Division. Fire department, access streets and roadways shall be as provided in accordance with the fire code, RCO 31 and the Zoning Ordinance and Land Development Manual including approved cul-de-sac dimensions and street widths. All fire department access roadways shall be serviceable prior to and during building construction. 3. All street, directional and fire lane signs must be in place prior to occupancy of any residential buildings. r. Page 7 City Planning and Zoning Commission !Minutes Heanng Date: February 9, 2000 PUBLIC HEARINGS: General Development Plan #149 by Big DE Development to be known as Hidden Oaks Valley. The County approved a GDP for this property in May 1999 that included 160 acres of land, a portion of which would be developed in the City and a portion which would be developed In the County. That GDP also includes an area that may be developed either in the City or County depending on the availability of City services it the future. The GDP now Includes an allenmant fnr n enllar+nr rnnrl ti,.i ,,.ai e..�....,i ... 110 The property is located east of Bandel Road within Sections 4 and 9 Cascade Township Ms. Baker presented the General Development Plan staff report, dated February 4, 2000, to the Commission. The Staff report is on file at the Rochester -Olmsted Planning Department. Ms. Baker presented a map of the GDP and stated that the County approved a GDP for a portion of the property last year. She stated that at that time, the future alignment of a Collector or Arterial road that will connect from Sande( Road to 180 Avenue NW hadn't been established and it prompted the City to have McGhie & Betts to look at that alignment. Alternative alignments were presented to ROCOG and City and County staff, and it appears as though the alignment of the portion of the roadway through the proposed GDP has been pretty much determined. Ms. Baker reminded the Commission they will need to make separate motions for the GDP and plat. Ms. Baker referred to the staff -suggested findings and stated that staff recommends approval subject to five conditions. She explained that number 1 is a list of items that need to be changed on the GDP and the applicant's consultant is aware that it will be recommended that the Council not take action on the GDP or plat until these revisions are submitted to staff. Ms. Baker suggested rewording condition number 3 to state, "At the time of platting, controlled access must be provided along Sande] Road, with the exception of the public road shown on the GDP, and also within 50' of the intersection with Bendel Road. At the time of platting, controlled access shall be provided along the right-of-way for the road labeled "future 65" Street," consistent with an access study being completed for that roadway, and when platted, the area shown as the fib' future access and utility easement shall be dedicated as public right- of-way to the north property line." She pointed out the reason for this is a study will determine where the access point should be along the future roadway and controlled access should be provided consistent with what the study determines, which she has discussed with the applicant. Mr. Werven asked if an EAW has been submitted for the property. Ms. Baker answered no, and explained that the development triggers a mandatory EAW, so that will need to be done in the future. IN Page 8 City Planning and Zoning Commission :Minutes Hearing Date: February 9, 2000 Mr. Quinn referred to the last bullet on number 1 and asked that the change be pointed out on the map. Ms. Baker explained this, and stated that the consultant is aware of that condition. She also pointed out where the 66' future access and utility easement will need to be shown as public right-of-way. Ms. Schultze asked if there was any discussion of looping the road and eliminating a cul-de-sac on the east. Ms. Baker stated there was not any discussion on that issue. Harvey Ratzloff, the applicant, addressed the Commission and made himself available for questions. Representing the applicant, Bill Tointon McGhie & Betts, Inc. addressed the Commission. He presented a color map showing the development, and explained that the portion in the County will be developed as suburban subdivision. The applicant agreed with staff to leave the portion in the middle vacant from development because they don't know if City services will be extended. He explained how sewer can be extended to serve this property. Mr. Tointon stated that an EAW has been prepared and will be submitted to the Planning Department this week. He noted that his firm was retained by the City to prepare some alternative routes for 65"' Street from Bendel Road to 18'h Avenue, and the alignment of 65" Street through the Big De development is fairly well fixed, so they can proceed with platting. Mr. Tointon referred to the conditions, and stated they have several issues to raise: Regarding the second bullet on number 1 - their concern is if they accommodate that 30' strip for a mid -block sidewalk, there will be safety issues with the grade, noting it is currently 8%. He suggested they move the pedestrian traffic, which he pointed out on the map. 2. Regarding the third bullet on number 1 — labeling the future commercial development. He explained that no matter what this area becomes, there is opportunity for commercial use on the property and the condition indicates they should relabel it to "Low Density Residential." He suggested they should put in parentheses "potential future commercial use," which would inform buyers of lots in the development to be aware of the possibility of commercial uses on that comer parcel. 3. Regarding the 5" bullet on condition number 1 - Mr. Tointon stated that under the approved County GDP, they left this as an easement for utilities to come through from the north and left an access corridor in case it is developed under City standards. He commented they should leave the plan the way it is currently. 4. Regarding condition number 3 — He understands that the controlled access would be designated when they finish the study of 65 h Street, and he asked if there would be access to Sandal Road. Page 9 City Planning and Zoning Commission Minutes Hearutg Date: February 9, 2000 Ms. Baker stated that the way it is worded, access to Bandel Road would be limited at the one public roadway shown on the GDP. Mr. Tointon requested that be determined when the study is completed on 65' Street, and have the condition state that. Mr. Tointon presented a map of the plat. Regarding the pedestrian way to the south, they would like to promote the one going to the north that goes to the open space and they would have a connection to the open space in the far north. He stated his clients are willing to dedicate the right-of-way of 650 Street, and Mr. Freese has told them if the applicants along the route are willing to dedicate the route, there would be no charge for the construction of the roadway, since it is a major road system. Mr. Tointon commented they are in agreement with the other conditions, and they will make their revisions before the Council meeting. He added that there is a provision -in Section 64.227 of the Land Development Manual where the need for mid -block sidewalks can be waived due to topographic conditions. Ms. Schultze ask if adding "if grade appropriate" to the condition, would be acceptable. Mr. Tointon stated that would be acceptable to Mr. Ratzloff and himself. Ms. Baker suggested a condition that would require the mid -block pedestrian connection "unless found unfeasible by the City Engineer due to topographic constraints." Mr. Brede asked if the green area shown is potential parkland. Mr. Tointon explained that part of it will probably be developed, and part will remain as open space. The Park Department most likely will not accept that as a public park. Ms. Schultze referred to the 66' future access easement, and stated since they do not know yet what will happen it might make sense to show it. Mr. Tointon stated it is labeled as a potential future access. He suggested rewording to say it be dedicated if platted in the City. Ms. Baker noted that to be consistent with what staff recommended in the County's review, the future right-of-way should be shown as right-of-way that will be dedicated in the platting stages of roadway. They feel it should be shown as road right-of-way all the way to the north property line, and if it develops in the County, the County has made the decision that the access easement is acceptable. She stated that it is staffs recommendation that it be revised as stated in the report Ms. Schultze commented that she feels it would be in the best interest of the City to have it shown as right-af-way. Mr. Tointon stated if it were platted in the City, it would not be a 66' roadway, so there need to be changes made to make it a City -style development. He suggested adding that if it is platted in the City, it has to be a connected roadway. Discussion ensued regarding the area !abed "future commercial development." ( Page 10 City Planning and Zoning Cornmission Minutes Hearing Date: February 9, 2000 Ms. Baker referred to the labeling of the "future commercial development," and stated that staff is comfortable with it being labeled with an existing land use of Low Density Residential and have in parentheses "potential future commercial use." She noted that at the intersection of those types of roadways, you can have non-residential uses and commercial uses in the residential zoning districts. Terry Peterson, 6420 Sande] Road NW, addressed the Commission. He pointed out his property on the map, and asked if it was going to be annexed into the City. Ms. Baker stated that at this time, the property is not 100% surrounded by the City, so the City couldn't take action for annexation. She explained that typically, annexation occurs when the property owner requests it, but if the property becomes 100% surrounded in the future, the City may take a look at whether it would be beneficial to annex the property. Mr. Peterson asked what the plans are for the property between his and Bendel Road. Mr. Ratzloff readdressed the Commission, and stated they don't know at this time. They are trying to let the people know that there is potential for some different uses in that area other than single family residential. He stated they will work with Mr. Peterson on that. Mr. Tointon pointed out there is a condition on the GDP that talks about the need to connect the road to the south. As they have been studying the future 65`" Street route, they have determined that the connection to 65" out of Bandel North needs to be in a particular location, which he pointed out on the map. He pointed out the connections that should be made and recommended that the condition, the last bullet on number 1, should be changed. Discussion ensued. Mr. Reiter stated that what Mr. Tointon has described, which creates a common intersection, will meet the intent of what the staff is attempting to accomplish in terms of access control. He commented that staff wants to see only two connections instead of three. With no others wishing to speak, Ms. Petersson closed the public hearings for both the preliminary plat and the GDP. Ms. Schultze made a motion to approve General Development Plan #149, to be known as Hidden Oaks Valley, with staff -suggested findings and conditions as modified: Add to the second bullet on condition number one "unless determined to be topographically unfeasible by the City Engineer;" bullet 3 of condition number 1 to state, "Relabel the area currently shown for commercial development. That area shall be labeled existing land use 'Low Density Residential' (potential future commercial use permitted within "Low Density Residential" land use designation)." Mr. Tointon noted that because of the possibility of that portion of property being rezoned in the future, that rather than tie it to any land use, it be labeled as existing "Low Density Residential" with "potential future commercial use." He stated he wants to make sure they don't deceive people who buy lots. J Page I I City Planning and Zoning Commission Minutes Hearing Date: February 9, 2000 Ms. Baker explained that the language Mr. Tointon proposed is acceptable. She pointed out that if a land use plan amendment and zone change are requested, a revision to the GDP may be required. Ms. Schultze continued with her motion, adding to the 5t' bullet of condition number 1, "If platted within the City;" the 6w bullet of condition number 1 "limiting accesses to the Collector road to two intersections in the southeast corner that will be platted with subdivision lots;" condition 3 to state, "At the time of platting, controlled access must be provided along Bendel Road, with the exception of the public road shown on the GDP, and also within 50' of the intersection with Bandel Road, consistent with an access study being completed for that roadway. At the time of platting, controlled access shall be provided along the right-of-way for the road labeled 'future 651° Street,' consistent with an access study being completed for that roadway. When platted, the area shown as the'66' future access and utility easement' shall be dedicated as public right-of-way to the north property line." The motion was seconded by Mr. Slaver, and carried 7.0. Conditions: 1. The GDP be revised to: • Identify the future alignment of Bandel Rd. NW with a 900 Intersection with the future collector road; • Provide a 30' wide mid -block pedestrian connection along the south side of the most southerly east -west roadway, unless determined to be topographically unfeasible by the City Engineer; • Relabel the area currently shown for commercial development. That area shall be labeled existing land use "Low Density Residential" (potential future commercial use permitted within "Low Density Residential" land use designation). • Identify future pedestrian trails along the east side of Bandel Rd. NW and the south side of the future collector road; • Show the "66' Future Access and Utility Easement" as public right-of-way to the north property line, which will be dedicated at the time of platting, if platted within the City; • Minimize access to the future collector road by re -aligning the most southerly east -west road so that it intersects with the stubbed roadway leading south from the future collector, or so that it intersects with the northisouth roadway located north of the future collector, and, at the extreme southeast corner of the property, limiting accesses to the Collector road to two intersections in the southeast corner that will be platted with subdivision lots; The revised GDP shall be filed with the Planning Department. Z The applicant shall enter into a development agreement with the City that outlines the obligations of the applicant relating to, but not limited to, storm water management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, and contributions for public infrastructure. 3. At the time of platting, controlled access must be provided along Bandel Road, with the exception of the public road shown on the GDP, and also within 50' of the 19/9 Page 12 City Planning and Zoning Cotnmission Minutes Hearing Date: February 9, 2000 intersection with Bendel Road, consistent with an access study being completed for that roadway. At the time of platting, controlled access shall be provided along the right-of-way for the road labeled 'future 65t° Street,' consistent with an access study being completed for that roadway. When platted, the area shown as the '66' future access and utility easement' shall be dedicated as public right-of-way to the north property line. 4. Roadway names shown on the GDP may not meet the roadway naming standards of the LDM. The applicant shall coordinate with the City and Planning Department G1S staff to determine appropriate roadway naming designations. 5. In order to provide adequate water supply for this development, the development will either need to be timed so that the NW Nigh Level Water System is available to this property concurrent with infrastructure improvements on -site. Or, a temporary booster pump station shall be installed by the developer to improve water service to the property and the station be removed at the time the NW High Level System is made available. Ms. Baker clarified that condition number 6 on the preliminary plat should state, "Parkland dedication for this property shall be met via cash in lieu of land." Ms. Schultze moved to approve Preliminary Plat #99-48, to be known as Bandel North Subdivision, with staff -suggested findings and conditions, with the 40, bullet of condition number 1 modified to add, "unless determined to be topographically unfeasible by the City Engineer," and condition 6 modified as stated above by Ms. Baker. Mr. Staver seconded the motion, which carried 7.0. Conditions: f. The Plat be revised as follows: • Outlot "B" shall be shown as right-of-way • Controlled access be provided along Bandel Rd. NW and along the westerly 50' of the south property line of Lot 13, Block 4; along the westerly 50' of the north property line of Lot 1, Block 1 and along both sides of the collector road (currently shown as Outlot B). • A 20' utility easement shall be provided between two of the lots within Block 4, as requested by RPU Water Division in the attached memo dated January 28, 2000. • A 30' easement shall be provided for a mid -block pedestrian connection along the south side of the road labeled "66"' St. NW", between Bandel Rd. NW and the road labeled "26`" Ave. NW," unless determined to be topographically unfeasible by the City Engineer. • Roadway names shall be revised and the future collector road shall be named with names and roadway types approved by the City and Planning Department GIS Division. Page l3 City Planning and Zomng Cotntnisston Minutes Hearing Date: February 9. 2000 (al3 ' A. storm water management must be provided for this development. Any facility serving 50 or less developable acres will remain private and will require execution of long term maintenance agreements and easements. j 3. Easements for off site utilities and a temporary turn -a -round at the east end of "66a' St. NW" shall be executed prior to recording the Final Plat Documents for this property. 4. In addition to construction of sidewalk along both sides of all new public roads, a f 0' wide bituminous pedestrian facility is required along Bandei Rd. NW. 5. The applicant shall enter into a development agreement with the City that outlines the obligations of the applicant relating to, but not limited to, storm water management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, and contributions for public infrastructure. 6. Parkland dedication for this Mr. Brede asked if Mr. Tointon replied operate. shall be met via cash in lieu of land are a lot of booster pumps in the City. are not a lot of them,, fnd he provided an explanation of how they Wedgewood Hills Subdivisions. Ms. Baker presented the staff report, deAd February 4, 2000, to the Commission. The staff report is on file at the Rochester-OlmstrgdNlanning Department. Ms. Baker presented a map and exp fined t location, noting the property consists of just under 80 acres to be developed wit law dense residential uses. The number of lots in the south 40 acres will depend on the tension of \-d nd water. She stated that staff is again recommending mid -block pedest " n connectiohe revised Subdivision Regulations contain specific criteria for when a mid -block ons should be required. The topography on this site may po some challenroviding those, so similar language can be included to state "Mid -block nnections be unless determined to he unfeasible by the City Engineer,due to topo raphic constrainker explained that the applicant is also proposing a Substantial and Alteration ani d out the area on the map that will need to be re -graded. She ated they are not g t haul material off -site and there will not be any grades steeper an 3:1 when finishBa r commented that the knob of the hill will be removed, leavin oiling terrain, and she pointed out the area where the fill will be deposited, stating that areas of hydric soils will need to be evaluated before any filling takes place. She explained that staff recommends approval subject to 7 conditions and added an 8' REQUEST FOR COUNCIL ACTION MEETING DATE: 3A-00 GENDA SECTION: ORIGINATING DEPT: CONTINUED - PUBLIC HEARINGS PLANNING ITEM DESCRIPTION: Type III, Phase II, Preliminary Plat #99-48 to be known as IPREPAREDBY: Sandal North First Subdivision. . Baker, March i 6, 2000 NOTE: This Plat was previously continued to allow the applicant additional time to submit a revised GDP and Preliminary Plat. A revised Plat, addressing some of the revisions, was submitted to the Planning Department on March 8, 2000. In a recent discussion with the consultant, staff was informed that the revisions should have included dedication of right-of-way for the future collector or arterial road and that the consultant would submit another revision reflecting that dedication. Another revised Plat was submitted on March 16, 2000. The future collector or arterial road right-of-way dedicated with this plat is a partial dedication of the right-of-way needed. Although this is considered partial dedication, this will be a regional roadway that will need to be coordinated and planned for by the Public agencies with cooperation from property owners. Some of this right-of- way may need to be acquired through means other than dedication during platting. Since this is not a roadway that is necessary to serve this development, at this time, and since it will be a regional roadway coordinated by Public agencies which will likely involve other types of right-of-way acquisition, staff suggests that partial right-of-way dedication can be accepted. In response to the revised Plat, staff recommends revising the conditions that were recommended by the Planning Commission. The revised changes are identified with stfiitethmagq text for text to be deleted and underlined text for text to be added. ity Planning and Zoning Commission Recommendation: The Planning Commission considered this preliminary plat at a public hearing on February 9, 2000. The Planning Commission found that this preliminary plat needs to be modified to conform to the criteria listed in the Land Development Manual and recommends approval of this preliminary plat subject to modifications and conditions. The Planning Commission recommended approval of Preliminary Plat #99-40, subject to the following modifications and conditions. i. The Plat be revised as follows: - OW1106 I'M,. shall he shown as FiSh! Of way N WAfGaGiblg by the City rRg*FIQQN • Roadway names shall be revised and roadway types approved by the City and Planning Department GIS Division prior to f final plat submittal, per the attached GIS memo dated March 15, 2000. 2. Storm water management must be provided for this development Any facility serving 50 or less developable acres will remain private and will require execution of long term maintenance agreements and easements. -. Lj� ��// / Z2 C 1p'�c fn;.":7eS OAL YIPUC CONDITIONS ARE CONTINUED ON THE NEXT PAGE a � I"r f- '4- P re v "0'41 6 D" COUNCIL ACTION: Motion by Second by: ro;-__J��' U Page 2 RCA l p,6.(J / 1/ _ 03/16/00 3. Easements for off site utilities and a temporary turn -a -round at the east end of `Bandel Drive" shall be executed prior to recording the Final Plat Documents for this property. 4. In addition to construction of sidewalk along both sides of all new public roads, a 10' wide bituminous pedestrian facility is required along Bendel Rd. NW. 5. The applicant shall enter into a development agreement with the City that outlines the obligations of the applicant relating to, but not limited to, storm water management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, and contributions for public infrastructure. 6. Parkland dedication for this property shall be met via cash in lieu of land. 8. 9. The applicant shall provide the necessary watermain extension between Lot 3 and Lot < Block 5 as required by RPU Water division. Council Action Needed: The Council may approve, approve with conditions, or deny the land subdivision permit. The Council must make findings of fact as a basis for the decision. Attachment: 1. Staff Report dated February 4, 2000 2. Minutes of February 9, 2000 CPZC Meeting Distribution: i. City Administrator 2. City Clerk 3. City Attomey 4. Planning Department File 5. Planning Department, GIS Division 6. Applicant: This item will be considered sometime after 7:00 p.m. on Monday March 20, 2000, in the CouncillBoard Chambers at the Government Center, 151 4th Street SE. 7. McGhie & Betts, Inc. / I�Eu�sED 3•Ib`00 b tm i r e! �ti IJ at 1•l j/ter/.f/ :'n's_-- .. •rrr I�ti. , �� tier;.;tt.•.. �l7 r , . D V r PC M ! � 1 (�J I \Il %E 11 Al it ' II 0 PLAT REFERRAL RESPONSE DATE: 3-15-2000 TO: Suzanne LaPalm FROM: Planning Dept. Addressing Staff CC: RE: BANDEL NORTH FIRST PP REVISED A review of the preliminary plat has turned up the following address related issues: Roadway designations: 26 Avenue NW: The position of this roadway falls between the 28`" and 291" grid lines, certainly not the 26" grid line. The future configuration for this roadway, beyond the scope of this plat, leaves some doubt as to the roadway type that should be applied. RECOMMENDATION: Designate the roadway as 28 Avenue NW. For now, the roadway designation will be established to reflect the information supplied to our staff by McGhie and Betts regarding proposed plans for the Goodman property. The short north / south future configuration of the roadway and the proximity to the 28" grid suggests the designation to be 28 Avenue NW. This recommendation has been presented to staff at McGhie and Betts for incorporation into the final plat. i ROCHESTER Minnesota 3rt5;00 TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur *REVISED* 3/15/00 iaq DEPARTMENT OF PUBLIC WORKS 201 4" Street SE Room 108 Rochester, MN 55904-3740 507.287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the requested application for a Preliminary Plat 9948 on Bandel North First Subdivision (Big DE Development ro ert . The following are the Public Works comments on the proposal: NOTE: Revisions to our comments on 212/00 are indicated in BOLD: Storm Water Management must be provided for this development. As shown on the Preliminary Plat, a detention pond is proposed for this development. If this facility is to serve 50 or less acres, it will remain private, and execution of a Declaration for long term private maintenance and ownership will be required, as well as, dedication of easements le the Sity for maintenance and repair. 2. A City / Owner Contract must be executed prior to development of this property, to address the construction of all public infrastructure and utilities to serve this subdivision. 3. Easements for off site utilities, needed to serve this development, will be required prior to recording the final plat. 4. A temporary tum-around, and associated easement will be required at the eastern end of W S' NIN Bandel Dr NW. 5. Pedestrian facilities shall be located and constructed along all public roadways, including within and abutting the plat (including Bandel Road) consistent with City standards, concurrent with this development. Pedestrian facilities along the east side of Bendel Rd NW shall consist of a 10 foot wide bituminous pedestrian path. Execution of a Pedestrian Facilities Contribution Agreement is recommended for facilities required along Bendel Road NW. C:\TEMP\PP9948Ftev3-00AOC fP ROCHESTEIZ Minnesota 3i 15:'00 DEPARTMENT OF PUBLIC WORKS 2010 Street SE Room 108 TO: Consolidated Planning Department Rochester, MN 55904-3740 2122 Campus Drive SE 507-287.7800 Rochester, MN 55904 FAX — 507.281-6216 FROM: Michael J. Nigbur Dedication of controlled access is required on the Final Plat, along the west lot line of Lot 13, Block 4 & Lot 1, Block 1. Additionally, access control on these two lots shall extend easterly 50 feet from the Bandel Rd NW ROW. 7. The applicant shall enter into a development agreement with the City that outlines the obligations of the applicant relating to, but not limited to, stormwater management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, and contributions for public infrastructure. 8. 0, (it'ssouth of @5u' 51 NVIV). Too many roads are named "Bandel ", which can be confusing. 9. The required right-of-way necessary for construction of the future collector / arterial (65th St NW), shown as Outlot B on the preliminary plat, shall be reserved with the first phase of this development. Dedication shall be outlined in the Development Agreement. C:1TEM P\P P9948Rev3-00. doc ROCHESTER Minnesota 3! 15- 00 TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur (3( DEPARTMENT OF PUBLIC WORKS 2010 Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507.281-6216 10.The size of the returns should be reviewed at Bandel Road so that a design vehicle can turn right without crossing the centerline. The culverts at this intersection should be extended beyond the ROW so that future pedestrian facilities can be installed. 11. Capacity improvements will be needed on Bandel Road to serve this development, including left and right turn lanes. The property may be subject to a Substandard Street Capacity Charge as established by the Council in conjunction with future improvements to Bandel Road. The following charges/fees are applicable for the development of the property: Sanitary Sewer Availability Charge (SAC) @ $1605.50 per developable acre. Water Availability Charge (WAC) @ $1605.50 per developable acre. A proportional share of the costs to reconstruct Bandel Road NW. Sanitary Sewer & Water Connection Charges for the frontage along Bandel Road. •:• Traffic Signs as determined by the City of Rochester Traffic Division; (3) Stop Signs (1) Speed Limit Sign (1) Trunks Prohibited Sign (9) Street Name Signs C 1TEMPIP P9948Rev3.00.doc "r w-, we pledge. we deriver March 10, 2000 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: REVISED 3/8/00 Type III, Phase II, Preliminary Plat 499-48 by Big DE Development to be known as Bandel North First Subdivision. Dear Ms. Baker: Our review of the referenced preliminary plat is complete and our comments follow: A 20' public utility easement has been shown between Lots 3 and 4, Block 4 as previously requested for a water main to serve the unplatted land to the northwest of this plat. The actual water main within this easement however is not shown on this submittal nor are the previous revisions that were sent to the applicant's engineering firm on the proposed water system layout incorporated. 2. The balance of the previous comments will still apply to this submittal. Please contact us at 507-280-1600 if you have questions. Very truly you((rss,��� "-AA WU� Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher. Fire Prevention Bureau Rochester Public Utilines, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DRIVE SE ROCHESTER, MN 55904 FAX (507) 287-2275 Date: March 9, 2000 To: Agencies Indicated Below From: Suzanne LaPalm, Planning Department Subject; REVISED 3-8-00; Type III, Phase II Land Subdivision Permit (Preliminary Plat) #99-48 by Big DE Development to be known as Bandel North First Subdivision. The Plat proposes to subdivide 28.66 acres of land into 66 single family residential lots and three Outlots. The Plat also dedicated right of way for four new public roads. The property is located along the east side of Bandel Road NW, adjacent to the City of Rochester water tower site. If you have any comments or concerns, please contact Mitzi Baker at 285-8232 or e-mail, baker. mitzitiuCo. olmsted.mn.us, by March 15, 2000. Your cooperation and assistance is greatly appreciated, City Aaencles 1. Public Works Richard Freese 2. Fire Oepanment Lyle Felsch 3. RPU Water Division Donn Richardsan 4. Park & Recreation Denry Stolz 5. Transportation Planner U-5 L'Dcs� -Il'� &V 4 LA T. e County Agencles S. Public Works 7. GiS Division Other' Aaencles a. Us West Dean Erdmann a s toe a L a ta_4—i Zv%-S , 11 ct AS u fte% V'So fa_1oca�iar. eos*S, LL)t C'E�ui et- cr.Y, kx9&# +70AcJ X;Zo e-aS e-e^ d-.%+ ex 1 01, q /Th � v�nr � Si d I�Q,-1 d-r +ct L.�c.4 - J_s -in 4ti, 54 r V t 4/I1 off' +4 Q are= , NOTE: CITY PUBLIC WORKS DEPARTMENT, CITY ENGINEER: PLEASE INDICATE IF THE STREET IDENTIFICATION IS CORRECT IF THE ATTACHED IS A PLAT. 2—'08-200 ''0:35AM FA (3� t \\ \\ 1 \ \ 1 t a A ry ♦ tea, A [..t, as i9! leer. Y � orb xv � eW x..weae Gus+..r, .ia.e N.rt4 � deiros u suurb to sane. bee 'I'Y aW m.tA LLe.. aMO1 4eL Ve.a.. ]oaY W a.0ev .l wYeta Y wsv.e [eee, s✓tip re.l; 1Lvee S..H li a,.e. a Wyse !a s web hs[ X Q. tb (es� Y 1ae e..m Iry Y.x .o.,l w hell of aH .Ra�l Over: amod 9oel! m d.{.ea >D nbrea 1, .eemd. feLL .iy sW .w1Y Lbw 151LOi !ed Y Lb. wuehws er.ee tha.ef, [2ev ll..ei a daps. as nWxv I, ..ed. �sl 14a.N Na b tlY pwa e< 1spe�, c .taws 2iaa .eaex . o I BANOEL NORTH FIRST SRE DATA SUMMARY TOTAL ACREAGE 26.66 ACREAGE DEVOTED TO PUBLIC USE *4.5 NUMBER OF LOTS E6 R-1 ZONE NUMBQ OF OVROTS (7.Oa ACRES) 3 1 a 66tk STREET N.W. t it a e w � D2 Rl i i 10 i-_-a kiJUHESTER,frj 3 A� Vs r �R 7 TED•AUGUSZ'S•� ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 ADMINISTRATION/ 507/285-8232 PLANNING TO: City Planning and Zoning Commission M avDNc ESSING/ 507/285-8232 HOLSINWIRA 507/285-8224 FROM: Mitzi A. Baker, Senior Planner BUILDING CODE 5071285.8213 WELLlSEPTIC 507/285-8345 DATE: February 4, 2000 FAX 507/287-2275 RE: Type III, Phase II Land Subdivision Permit (Preliminary Plat) #99-48 by Big DE Development to be known as Bandel North First Subdivision. The Plat proposes to subdivide 28.66 acres of land into 66 single family residential lots and three Outlots. The Plat also dedicated right of way for four new public roads. The property is located along the east side of Bandel Road NW, adjacent to the City of Rochester water tower site Planninq Department Review: Applicant/Owner: Big DE Development PO Box 247 Byron, MN 55920 SurveyorslEngineers: McGhie & Betts, Inc. 1648 Third Ave. SE Rochester, MN 55904 Referral Comments: Rochester Department of Public Works; Planning Department Transportation Division; Rochester Park & Rec. Dept.; RPU Water Division; Rochester Fire Department; Planning Department, GIS Division Report Attachments: 1. Land Development Manual Excerpts 2. Referral Comments (5 Letters) 3. Copy of Preliminary Plat Development Review: Location of Property: This plat is located east of Bandel Rd., south of 65" Y#►PPI Zoning: The property is zoned R-1 (Mixed Single Family). Proposed Development: This development consists of 28.66 acres to be subdivided into 66 lots for single family residential development and 3 Outlots. �� AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 February 4, 2000 Streets: The plat proposes to dedicate right-of-way for three (3) new roads and will also dedicate right-of-way for Bandel Road. Outlot B on the Plat is the planned alignment for a future collector road. The Plat will need to be revised to dedicate the right-of-way for this roadway. Roadway named need to be revised. The applicant will need to coordinate with the City and Planning Department GIS staff to determine appropriate names. Utilities: Sewer is available at Bandel Rd. NW and will be extended to serve this Plat. Water service to the site is currently limited. In order to provide adequate pressure for domestic use, the Northwest High Level Water System will need to be extended to this property from the Orchard Ridge development on the west side of TH 52. An alternate option, approved by RPU Water, is the installation of a temporary booster pump station that would be removed at the time the higher pressure from the NW High Level System is made available. Sidewalks: In accordance with current City policy, sidewalk is required along the streets being dedicated in this plat. A 10' pedestrian trail will also be required along the east side of Bendel Rd. NW. Drainage: The property generally drains to the north. The Plat labels a "detention pond area" in the northerly portion of Outlot A. Storm sewer is proposed to capture and convey run off, from a majority of the site, to Outlot A. A small portion of the property drains to the southwest. That run off is proposed to be captured by storm sewer which will extend to Bandet Road. Specific grading and drainage plans will need to be reviewed and approved by the City prior to submittal of a Final Plat application. Wetlands: Minnesota Statutes require that all developments be reviewed for the presence of wetlands or hydric soils. There do not appear to be hydric soils on this portion of the property according to the Soils Survey. Spillover Parking: The spillover parking requirements for this development would be 79 parking spaces. The proposed roadways should be adequate to accommodate the required spillover spaces. Parkland Dedication: The Park & Recreation Department recommends that dedication requirements be satisfied by cash in lieu of land. There is a 40 acre Park/School property Page 3 February 4, 2000 General Development Plan: southeast of this property. This property is included within the Hidden Oaks Valley GDP which is being reviewed concurrent with this Plat. Staff Review and Recommendation: The Planning staff has reviewed this preliminary plat request under the provisions of LOM Sections 61.225 (effective 5/15/199). In order to meet the criteria, approval of this plat should require the following conditions or modifications: 13q The Plat be revised as follows: • Outlot °B" shall be shown as right-of-way • Controlled access be provided along Sandal Rd. NW and along the westerly 50' of the south property line of Lot 13, Block 4: along the westerly 50' of the north property line of tot 1, Block 1 and along both sides of the collector road (currently shown as Outlot B). • A 20' utility easement shall be provided between two of the lots within Block 4, as requested by RPU Water Division in the attached memo dated January 28, 2000. • A 30' easement shall be provided for a mid -block pedestrian connection along the south side of the road labeled '660 St. NW" between Bandel Rd. NW and the road labeled "26f8 Ave. NW". • Roadway names shall be revised and the future collector road shall be named with names and roadway types approved by the City and Planning Department G1S Division. 2. Stormwater management must be provided for this development. Any facility serving 50 or less developable acres will remain private and will require execution of long term maintenance agreements and easements. 3. Easements for off site utilities and a temporary turn -a -round at the east end of 11660 St. NW 'shall be executed prior to recording the Final Plat Documents for this property. 4. In addition to construction of sidewalk along both sides of all new public roads, a 10' wide bituminous pedestrian facility is required along Bendel Rd. NW. 5. The applicant shall enter into a development agreement with the City that outlines the obligations of the applicant relating to, but not limited to, stormwater management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, and contributions for public infrastructure. 6. Parkland dedication for this property shall be me via cash in lieu of land. `Staff recommends that the City Council not take action an this Plat until the GDP for this property and this Preliminary Plat have been revised and revised plans have been riled with the Planning Department. Page 4 February 4, 2000 REMINDER TO APPLICANT: • This Plat is subject to the Subdivision regulations which became effective May 15, 1999. Approved construction plans and an executed Development Agreement will need to be submitted with the final plat application, if the developer wishes to record the Plat prior to completion of improvements. • Prior to development, the property owner will need to execute a City Owner Contract that requires the developer to construct the public roadways and utilities. CRITERIA FOR LAND SUBDIVISION PERMIT (PRELIMINARY PLAT) Effective May 15, 1999 61.225Findings for Land Subdivision: The Zoning Administrator, Commission or Council shall approve a development permit authorizing a land subdivision if all of the following findings with respect to the proposed development are made: A. The proposed land subdivision conforms to all relevant requirements of this ordinance and variances have been granted to permit any nonconformance. S. That the proposed water system and sanitary sewer system are adequate to serve the normal and fire protection demands of proposed development and to provide for the efficient and timely extension to serve future development. C. That the plan for soil erosion and stormwater management meets the adopted standards of the City of Rochester and is consistent with the adopted Stormwater Management Plan or adopted drainage or stormwater policies. D. That the vehicular and non -motorized system is consistent with adopted transportation plans and is consistent with the street layout standards listed in Section 64.120 and traffic service standards in Section 61.526. E. That the lot and block layout provide for safe and convenient vehicular, service and emergency access, efficient utility service connections, and adequate buildable area in each lot for planned uses. F. That the proposed land subdivision has taken into account the current 6-Year and other Long - Range Capital Improvements Programs and the elements listed therein in the design of the subdivision. G. That the proposed subdivision, if in a residential zoning district, -addresses the need for spillover parking consistent with the requirements of Section 63.426. H. That right-of-ways and easements of adequate size and dimension are -provided for the purpose of constructing the street, utility, and drainage facilities needed to serve the development. I. That the proposed parks, trail thoroughfares and open space dedications are consistent with adopted plans, policies and regulations. Page 5 February 4, 2000 J. That the proposed subdivision will not have off -site impacts on the street, drainage, water or wastewater systems that exceed adopted standards. K. That the proposed subdivision will not have adverse impacts on the safety or viability of permitted uses on adjacent properties. L. That the proposed land subdivision is designed in such a manner as to allow for continued development in an efficient manner on adjacent undeveloped lands; M. That the soils, topography and water tables have been adequately studied to ensure that all lots are developable for their designated purposes. N. That the proposed land subdivision is consistent with the standards of the City's adopted Comprehensive Plan. O. That any land located within Zone A as shown on the currently adopted Flood Boundary and Floodway Maps of the Flood Insurance Study, Rochester, Minnesota, prepared by the Federal Emergency Management Agency, is -determined to be suitable for its intended use and that the proposed subdivision adequately mitigates the risks of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, or any other Floodplain related risks to the health, safety or welfare of the future residents of the proposed subdivision in a manner consistent with this ordinance. r FROM: Planning Department, Transportation Division City Prel Plat 99- 48 Bandel North First The final plat for this subdivision should have a no access restriction included on the west side of Lot 1 of Block 1 and Lot 13 of Block 4. Outlot B should be either dedicated as right of way or a condition should be included in the Development Agreement that will accompany development of this subdivision to the effect that if the City determines to proceed with the construction of 651h St Outlot B will be deeded to city for right of way purposes. The standard policy of the city is to require dedication of local and collector street right of ways as part of the plat approval process. City GDP 149 The main issue in regards to this General Development Plan is the Hidden Oaks identification of a future corridor to allow for the extension of 651h St. Valley eastward from Bendel Road to 18'h Ave. The need for this corridor has been identified through on -going discussions and review of street systems needs in the area. The corridor addresses two key needs: 1. As a general rule of thumb, typically urban development intensities require collector and/or arterial streets to be providing on or about Aa mile spacings in order to provide an adequate amount of major street capacity (thus relieving traffic from local streets) and to provide adequate overall connectivity. Prior to this time north of 551" St. there have been no major east -west streets planned. In part this was a response to the thought that urban intensity development would not extend north of where a 65th St. extension would be located. However, with the urban growth boundary expansion being discussed it appears that urban intensity development will extend further north and infrastructure accommodations need to be planned for. 2. A second concern is that with a planned overpass of TH 52 at 65`h St. envisioned as the minimum improvement at that intersection, there is the potential for additional traffic from the west side of TH 52 being funneled into the intersection of the Bendel Rd/East Frontage Rd and 55'h St. The extension of 651h St. to 18'h Ave. will reduce this impact and relieve the level of congestion that would otherwise occur there by providing for a better overall dispersion of traffic throughout this area. ROCOG has initiated the process to amend the Long Range Thoroughfare Plan to reflect the extension of 65 h St. as a collector street between Bendel Road and 181h Ave. The City has retained the firm of McGhie & Betts to evaluated alternative alignments for the 651h St. corridor. Their preliminary analysis has been reviewed with the staffs of City and County Public Works, MnDOT and Planning's transportation staff. Of the alternatives evaluated, which included corridors that would have went south of the Hidden Oaks area, the corridor reflected on the plan appears to provide the most logical location in terms of road alignment, function and minimizing the division of current property ownerships. When this alignment leaves the Hidden Oaks site heading eastward there are some alternative options which are being reviewed with landowners, which include the School District and Park Department on a 40 acre site immediately to the southeast. we pledge, we deliver January 28, 2000 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: REVISED Type III, Phase II, Preliminary Plat 0#99-48 by Big DE Development to be known as Bandel North First Subdivision. Dear Ms. LaPalm: Our review of the referenced preliminary plat is complete and our comments follow: 1. This property is serviceable from the Northwest High Level Water System, which is currently available approximately one mile to the west at the North Park Water Tower. There are preliminary plans however to extend this water system to the east with the Orchard Ridge Development and a feasibility study has been prepared by the City Public Works Department to bring it the balance of the way to serve this area. 2. The other option that has been discussed and approved by us is the installation of a temporary booster pump station by the developer to provide adequate pressure for domestic use and a limited amount of water available for fire protection. This would then be removed at the time the higher pressure from the NW High Level System was made available. 3. A 20' public utility easement is needed between 2 of the lots in Block 4 for a water main to serve the unplatted land to the northwest of this plat. We previously sent review comments to the applicant's engineering firm on the actual alignment of this water main and with other comments on the proposed water system layout. These previous comments will still apply to this submittal. Please contact us at 507-280-1600 if you have questions. Very truly yours, R Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Bureau McGhie & Betts, Inc. Big DE Development Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280.1540 facsimile 507-280-1542 park a recreation ROCHESTER PARK AND I CREATION DEPARTMENT 201 FOURTH STREET SE ROC14ETER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: November 29, 1999 TO: Suzanne LaPalm Planning RE: Bandel North First Subdivision Preliminary #99-48 Acreageof plat.......................................................... 28.66 acres Number of dwelling units ............................................. 66 units Densityfactor............................................................ .0244 Dedication............................................................... 1.61 acres Fair market value of land ............................................. The Park and Recreation Department recommends that dedication requirements be met via cash in lieu of land. Schmidt Park, 40 acre site jointly owned by City/School District is located SE of the plat. Is Outlot A intended to be public or private and is the purpose of the outlot stormwater detention? N:\PARK\DSTOTZ\1999\DEDICATI\NN 2999\RWOSI. HILLS NORTH.DOC REQUEST FOR COUNCIL ACTION MEETING- V / DATE: AGENDA SECTION: ORIGINATING DEPT: ITEM NO. NTINUED PUBLIC [-I.E.aRIlVGS PLANNING .3 ITEM DESCRIPTION: Type III, Phase I, Final Plat #00-08 to be known as Yate's First PREPARED BY: Subdivision. The Plat proposes to subdivide approximately one acre of land into Theresa Fogarty, three lots for single family dwellings. Located west of 23f0 Avenue SW and south of Planner 5'hStreet SW. / 3 NOTE March 16, 2000 Planning Department Review and Recommendation: 1. See attached staff report dated March 2, 2000, revised March 16, 2000. Council Action Needed: 1. The Council may approve, approve with conditions, or deny the land subdivision permit. The Council must make findings of fact based on the criteria included in the staff report. A motion to deny must include supporting reasons for a conclusion that at least one of the fifteen findings ` for denial in paragraph 61.225 can be made. Distribution: 1. City Administrator Af� Dew 2. City Clerk 3. City Attorney 4. Planning Department File 5. Planning Department, GIS Division alt c, 4* 10 6. Applicant: This item will be considered sometime after 7:00 p.m. on M nda , March�6, in the Council Chambers at the Rochester / Olmsted County Government Center. 7. Gregory G. Griffin (GGG) COUNCIL ACTION: Motion br second by: to. TO: Rochester Common Council ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 ADMINISTRATION/ 507/285-8232 PLANNING GIS/ADDRESSING/ 507/285.8232 MAPPING HOUSINGYIRA 507/285-8224 FROM: Theresa Fogarty, Planner BUILDING CODE 507/285-8213 WELL/SEPTIC 507/285-8345 DATE: March 1, 2000 REVISED: March 1ffAE000 507/287.2275 RE: Type III, Phase I, Final Plat #00.08 to be known as Yate's First Addition. The Plat proposes to subdivide approximately 1 acre of land into three lots for single family dwellings. The parcel to be subdivided is legally described as Lot 22, Hillcrest Subdivision less the west 150 feet thereof and is located west of 23rd Avenue SW and south of 5' Street SW. Planning Department Review: Applicants/Owners: Surveyors ! Engineers: Bertha Yates 501 SW 23r0 Avenue Rochester, MN 55902 GGG (Geoffrey G. Griffin) 241 North Winona Street Chatfield, MN 55923 Referral Comments: 1. Rochester Public Utilities - Water Division 2. Planning Department, Addressing Staff 3. Rochester Public Works 4. Rochester Park & Recreation Report Attachments: 1. Referral Comments (4 ) 2. Copy of Final Plat 3. Vicinity Map Plat Data: Location of Property: The property is located west of 23r° Avenue SW and south of 5" Street SW. Existing Zoning: The property is zoned R-1 (Mixed Single Family) district on the City of Rochester Zoning Map. Proposed Development: This development consists of approximately one acre of land to be subdivided into 3 lots for single family dwellings. There is an existing home on Lot 1. �� AN mi PAS nOo Qn 1M1 vJAcmousnvc Ac nu c 01 nvco Page 2 15 Final Plat 00-08 Yate's First Subdivision March 16, 2000 Roadways: This plat does not dedicate the right-of-way for any new public streets. The Plat does however, dedicate right-of-way for the existing roadways 5" Street SW and 23'° Avenue SW. The Planning Department Addressing Staff have indicated there may be a problem with the designation of 23'0 Avenue SW, as illustrated in this plat. The existing 23' Avenue Sw will connect to a future roadway in the Cook / Thompson GDP whose roadway designation is unknown at this time. Additionally, a roadway designated as 23' Avenue SW exists nearby. These two roadways (both 23rtl Avenue SW) will not connect. The potential for emergency response confusion will be created. When more information regarding the designation of the future roadway is available, a decision regarding the appropriate designation will be made and documentation will be created to change all plats affected. At this time, it is recommended to leave 23f0 Avenue SW as indicated on the proposed final plat. Wetlands: The Soil Survey and National Wetland Indicator maps were reviewed for the presence of wetlands. These maps do not indicate the presence of wetlands or hydric soils on this site. Public Utilities: Water and sewer are available to serve this subdivision. Pedestrian Facilities: Pedestrian facilities are required for this development along the entire frontage of 5" Street SW and 2V Avenue SW. Since 23r° Avenue SW is planned to be reconstructed in the next 3 - 5 years, the owner will need to execute a Pedestrian Facilities Agreement or make a contribution toward the future sidewalk costs in lieu of installing the sidewalk concurrent with the development of the lots. Drainage: Storm Water Management must be addressed for this development and a stormwater management fee will apply, if on -site detention is not provided. Spillover Parking: As per Section 63.426 of the LDM, all residential development must provide spillover parking for service vehicles and visitors. This development requirement 3.6 spillover parking stalls. It appears as though the additional parking can be accommodated on the roadways and most likely within private driveways, as well. Parkland Dedication: The City Park and Recreation Department recommends that dedication requirements be met via: Cash in lieu of land in the amount of $850. Payment is due prior to recordation of the plat. Page 3 inal Plat 00-08 Yate's First Subdivision March 16, 2000 General Development Plan: According to Section 61.211, Paragraph 1 of the Land Development Manual: A General Development Plan shall not be required for any portion of an area for which a general development plan has previously been approved by the Council or where the Zoning Administer determines that new proposed streets need not continue beyond the land to be subdivided in order to complete an appropriate street system or to provide access to adiacent property. Since the property is adjacent to a road right-of-way along 23" Avenue SW and located adjacent to developed property which there will not be a roadway connection to, staff determined that a GDP would not be required for this property. PI-eliminary Plat: There is no preliminary plat for this property. Since no right-of-way is being dedicated, a preliminary plat is not necessary. Staff Recommendation: The Planning Staff has reviewed this final plat in accordance with the Rochester Zoning Ordinance and Land Development Manual, Section 61.225 and would recommend approval contingent upon the execution of an approved development agreement. REMINDER TO APPLICANT. Prior to development, the property owner will need to execute a City Owner Contract for construction of the utilities. This Plat is subject to the Subdivision regulations which became effective May 15, 1999. Approved grading, drainage and construction plans and an executed Development Agreement will need to be submitted with the final plat application, if the applicant intends to record the final plat documents prior to completion of infrastructure improvements. Page 4 Final Plat 00-08 Yate's First Subdivision March 16, 2000 CITY OF ROCHESTER ZONING ORDINANCE AND LAND DEVELOPMENT MANUAL EXCERPTS 61.225 Finding for Land Subdivision: The Zoning Administrator, Commission or Council shall approve a development permit authorizing a land subdivision if all of the following findings with respect to the proposed development are made: A. The proposed land subdivision conforms to all relevant requirements of this ordinance and variances have been granted to permit any nonconformance. B. That the proposed water system and sanitary sewer system are adequate to serve the normal and fire protection demands of proposed development and to provide for the efficient and timely extension to serve future development. C. That the plan for soil erosion and stormwater management meets the adopted standards of the City of Rochester and is consistent with the adopted Stormwater Management Plan or adopted drainage or stormwater policies. D. That the vehicular and non -motorized system is consistent with adopted transportation plans and is consistent with the street layout standards listed in Section 64.120 and traffic service standards in Section 61.526. E. That the lot and block layout provide for safe and convenient vehicular, service and emergency access, efficient utility service connections, and adequate buildable area in each lot for planned uses. F. That the proposed land subdivision has taken into account the current 6-Year and other Long -Range Capital Improvements Programs and the elements listed therein in the design of the subdivision. G. That the proposed subdivision, if in a resident zoning district, -addresses the need for spillover parking consistent with the requirements of Section 63.426. H. That right-of-ways and easements of adequate size and dimensions are -provided for the purpose of constructing the street, utility, and drainage facilities needed to serve the development. I. That the proposed parks, trail thoroughfares and open space dedications are consistent with adopted plans, policies and regulations. J. That the proposed subdivision will not have off -site impacts on the street, drainage, water or wastewater systems that exceed adopted standards. K. That the proposed subdivision will not have adverse impacts on the safety or viability of permitted uses on adjacent properties. L. That the proposed land subdivision is designed in such a manner as to allow for continued development in an efficient manner on adjacent undeveloped lands. M. That the soils, topography and water tables have been adequately studied to ensure that all lots are developable for their designated purposes. Effective May 15, 1999 Y7/ Page 5 U Final Plat 00-08 Yate's First Subdivision March 16, 2000 N. That the proposed land subdivision is consistent with the standards of the City's adopted Comprehensive Plan. O. That any land located within Zone A as shown as on the currently adopted Flood Boundary and Floodway Maps of the Flood Insurance Study, Rochester, Minnesota prepared by the Federal Emergency Management Agency, is -determined to be suitable for its intended use and that the proposed subdivision adequately mitigates the risks of Flooding, inadequate drainage, soil and rock formations with severe limitation for development, severe erosion potential or any other Floodplain related risks to the health, safety or welfare of the future residents of the proposed subdivision in a manner consistent with this ordinance. 61.226 Conditions on Approvals: In considering an application for development permit to allow a land subdivision, the approving body shall consider and may impose modification or conditions to the extent that such modifications or conditions are necessary to insure compliance with the criteria of Section 61.225. Effective May 15, 1999 i L— — s� ff i _ HAON MS @AV P103 � No x 3 0;;'I El—��- 7C S CO *I I C\2 I I. w E rll IIN Ey rI Im E wl t�Chi ZI I' a0 zl II^ I [ l'SBZ I I I I I rn I M lZ.ti4.00f� I C 1 I 00 a Cy J L, �00_09 J AO_09 . J Z m o m ,Y. 1O'LLf10 ,9-O'8l£ 3..LZ,ti-V.00S o; V �e ^ I iV r. r- < OD OD 3, ZZ:.CGS ,30'ZZE = Swl CO Z72 = ta; t t i r U— IS M f6D H � >1 V z N Z w ti O N v N U ❑❑ m m N U 7 lA ❑ N ❑ X N m V ❑ ° ammmU CL xxx��� a N L O T r V O a x w L a W w III ROCHESTER Minnesota 29/00 TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DEPARTMENT OF PUBLIC WORKS 201 4" Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281.6216 The Department of Public Works has reviewed the requested application for Final Plat #00-08 on the Yate's First Addition property. The following are Public Works comments on the proposal: Storm Water Management must be addressed for this development, and a stormwater management fee will apply if on -site detention is not provided. 2. Pedestrian facilities are required for this development along the entire frontage of 5d' St SW and 23 d Ave SW. Since 23`d Ave SW is planned to be reconstructed in the next 3 to 5 years, the owner should execute a Pedestrian Facilities Agreement, or make a contribution toward the future sidewalk costs. The owner shall provide a 20 foot wide temporary construction easement for the planned reconstruction of 231d Ave SW, along the westerly right-of-way of 23" Ave SW, through a separate easement document. The owner will be required to make a Substandard Street Reconstruction Charge contribution toward the future reconstruction of 23rd Ave SW. 5. The applicant shall enter into a development agreement with the City that outlines the obligations of the applicant relating to, but not limited to, stormwater management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, and contributions for public infrastructure. 6. Any new building sites shall be graded to conform to the proposed street grades / sections for the future reconstruction of 23`d Ave SW & 5d' St SW. C \TEMPIFP#00-08.doc ( �- ROCHESTER Minnesota 2129/00 DEPARTMENT OF PUBLIC WORKS 201 4" Street SE Room 108 TO: Consolidated Planning Department Rochester, MN 55904-3740 2122 Campus Drive SE 507.287.7800 Rochester, MN 55904 FAX - 507-281-6216 FROM: Michael J. Nigbur The following charges/fees are applicable for the development of the property: •:• There are Sewer & Water Connection Charges, as well as, Water Availability Charges pending on this property that are due at the time of service connection. A Utility Connection Agreement must be executed for this property. •:• Substandard Street Reconstruction Charge for 23rd Ave SW @ $30.00 per foot of frontage. ❖ Substandard Street Sidewalk Charge @ $9.00 per foot of frontage Stormwater Management fees @ $1,983.50 per acre, in on -site detention is not provided. C:\TEMP\FP#00-08.doc 1,53 ROCHESTER PARK AND (._CREATION DEPARTMENT 201 FOURTH STREET SE ROCHETER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: March 1, 2000 TO: Suzanne LaPalm Planning RE: Yates First Addition Acreage of plat.......................................................... 1.0 a Number of dwelling units ............................................. 3 Density factor............................................................ .0244 Dedication............................................................... .05 a Fair market value of land ............................................. $17,0001a The Park and Recreation Department recommends that dedication requirements be met via: Cash in lieu of land in the amount of $850 (.05a x $17,0001a). Dedication is required for only the increase in the number of possible dwelling units. Payment due prior to recordation of the plat. Applicant: Bera:a Yates 501 23 Avenue SW N:\PARK\DSTOTZ\2000\DEDICATION\SW 2897\YATES 1ST.DOC REQUEST FOR COUNCIL ACTION MEETING DATE: 3-20-00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING ITEM DESCRIPTION: Zone Change Petition #00-02 by Payne Company to amend the zoning PREPARED BY: district for 5.93 acres of land located along the south side of Viola Road NE (CSAH 2), east Brent Svenbv, of Century Hills Drive NE. The applicant is proposing to change the zoning designation Planner from the R-1 (Mixed Single Family) District to the R-1X (Mixed Single Family Extra) District. March 13, 2000 City Planning and Zoning Commission Recommendation: The City Planning and Zoning Commission held a public hearing on February 23, 2000, to consider a zone change request to rezone 5.93 acres from the R-1 (Mixed Single Family) to the R-1X (Mixed Single Family Extra). The Commission reviewed the zone change request based on the criteria as included in the staff report and recommended approval, with staff suggested findings. Ms. McGowan made a motion to approve Zoning District Amendment #00-02 by Payne Company, based on staff. suggested findings. Mr. Stever seconded the motion. The motion carried 6-0. Planning Staff Recommendation: See attached staff report dated February 18, 2000. ncii Action Needed: 1. The Council may approve or deny this petition. The Councll's:decision must be supported by findings. based on the criteria list in the staff report If. the Council wishes to proceed -with the:zone:chang-e:as petitioned„iCshould. instruct the City Attorney to prepare an ordinance that can be adopted. supported by findings of fact and conclusions of law. ' I Attachments: 1 Staff Report dated February 18, 2000 2. Minutes of February 23, 2000 CPZC Meeting 3. Distribution: 1. City Clerk 2. City Administrator 3. City Attorney: Legal Description attached 4. Planning Department File 5. Planning Department— GIS 5. Applicant: This item will be considered some time after 7:00 p.m. on Monday, March 20, 2000 in the Council I Board Chamber at the Rochester - Olmsted Government Center Building 6. Yaggy Colby Associates elf wUNCIL ACTION: Motion by: Seconded by to: _ 1 ( `7-0- � �lr 3JNdHJ3NO2 4p{e EMIIIH i'; g�:3{VLO53NNIW`d3 3HJOM !��1�: ; QaIH153WOHNM01 SIIIH Abf11N3J111I911 ; (! i 1 r- J INI v a / Una lN3Wd0l3A30 N3N3J 35uu<11 1 S-llIH Asn-LN3:) Ili �rl�!I3 (59 ,. TO: City Planning and Zoning Commission ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904.4744 ADMINISTRA71CW 507/285-8232 PLANNING GISIADDRESSING/ 5071285-8232 MAPPING HOUSINGMRA 5071285-8224 FROM: Brent Svenby, Planner BUILDING CODE 507/285.8213 WEWSEPTIC 507/285-8345 DATE: February 18, 2000 FAX 507/287.2275 RE: Zoning District Amendment #00-2 by Payne Company to amend the zoning district for 5.93 acres of land located along the south side of Viola Road NE(CSAH 2), east of Century Hills Drive NE The applicant is proposing to change the zoning designation from the R-1 (Mixed Single Family) District to the R-IX (Mixed Single Family Extra) District. Planning Department Review: Petitioner/Owner: Payne Company 1700 Northwood Drive NE Rochester, MN 55903 Location of Property: The site is located along the south side of Viola Road NE, east of Century Hills Drive NE. Requested Action: The petitioner is requesting that the property in question be rezoned from the R-1 (Mixed Single Famiiy) to the R-1X (Mixed Single Family Extra) district. Existing Land Use: This property is vacant land that is zoned R-1 (Mixed Single Family). A portion of the property is in Olmsted County and has been petition to be annexed. Proposed Land Use: The applicant would like to develop this site with townhomes. The approved GDP for Century Hills does indicate this property being developed for townhomes. Townhome developments were a conforming and permitted use in the R-1 zoning district prior to the City's decision in October of 1998 to remove all townhouse, duplex and accessory apartment uses from the R-1 zone. The City then added the R-1x district �� AN EQUAL CPPORTUNITYlAFFIRMATIVE ACrON EMPLOYER Page 2 Zone Change 00-02 February 18, 2000 as the most restrictive zoning allowing townhouse development. A neighborhood meeting was held on February 10, 2000 to discuss this project with area residents and landowners. Adjacent Land Use and North: Across Viola Road is Century High Zoning: School zoned R-1. South: The property is zoned A-4 (Agricultural Urban Expansion) district on the Olmsted County Zoning Map. East: The property is currently petitioned to be annexed into the City of Rochester and will be zoned R-1. West: Across Century Hills Drive, is a townhome development zoned R-1 x in the City of Rochester. Transportation Access: Access to this property would be 215' Street NE once the roadway is platted. Referral Comments: 1. Planning Department — Transportation 2. Planning Department — Wetlands 3. RPU Water Division 4. RPU Operations Division S. Minnesota Department of Transportation 6. City of Rochester Public Works Department 7. Fire Department Report Attachments: 1. Location Map 2. General Development Plan Map 3. Referral Comments 4. Neighborhood Meeting Summary Analysis for Zoning District Amendment., Under the provisions of Paragraph 60.338 of the Rochester Land Development Manual, the Commission shall recommend for approval and the Council shall approve, an application requesting an amendment to the zoning map if the amendment satisfies the following criteria: Gq (�W Page 3 / Zone Change 00-02 February 18, 2000 1) The criteria of this subdivision apply to those amendments to the zoning map filed by formal petition. An amendment need only satisfy one of the following criteria: a) The area, as presently zoned, is inconsistent with the policies and goals of the Comprehensive Plan; b) The area was originally zoned erroneously due to a technical or administrative error; c) While both the present and proposed zoning districts are consistent with the Plan, the proposed district better furthers the policies and goals of the Comprehensive Plan as found in Chapters 2-and 3 of the Rochester Urban Service Area Land Use Plan, Chapter 3 of the Housing Plan, and Chapter 10 of the ROCOG Long Range Transportation Plan; or d) The area has changed or is changing to such a degree that it is in the public interest to rezone so as to encourage development or redevelopment of the area. The proposed R-1x zone better furthers the policies of the Comprehensive Land Use Plan by promoting a mixture of low -density land uses. At the time the GDP was approved for the property, townhome developments were a permitted use in the R-1 zoning district. Since the approval of the GDP, townhome developments have been removed from the R-1 zoning district and the R-1x zoning district was created allowing townhome developments. 2) The criteria of this subdivision also apply to those amendments to the zoning map filed by formal petition. However, an amendment must satisfy all of the following criteria: a) the permitted uses allowed within the proposed zoning district will be appropriate on the subject property and compatible with adjacent properties and the neighborhood; and b) the proposed amendment does not Involve spot zoning. (Spot Zoning involves the reclassification of a single lot or several small lots to a district which is different than that assigned to surrounding properties, for reasons inconsistent with the purposes set forth in this ordinance, the state enabling legislation, or the decisions of courts in this state). The permitted uses in the R-ix zoning district will be appropriate on the subject property and compatible with adjacent properties and the neighborhood. The proposed amendment does not involve spot zoning since it is consistent with the policies of the Comprehensive Ptah. Staff Recommendation: Based on the above -mentioned findings, it would appear that this zoning district amendment would meet the above criteria. Staff would recommend approval of this request. ROCHESTER Minnesota 2/7/00 TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DEPARTMENT OF PUBLIC WORKS 2010 Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the application for ZONE #00- 02,on the Payne Company (Century Hills) property. The following are Public Works comments on the proposal: There is currently only one access available to Viola Road. The projected trip generation exceeds 1,200 trips that would be allowed with a single access. eau CATEMP20NE#00-02.doc EXPIX4CR! / ���' Ai[MiT4 CTS 3JPY EYCR9 February 15, 2000 Ms. Mitzi Baker Rochester -Olmsted Planning Department 2122 Campus Drive SE Rochester, MN 55904 0 LANOSCAPE ARCXITECT! RE: Summary —Neighborhood Meeting PLANNER! Century Hills Townhomes Third Zone Change Dear Ms. Baker: A neighborhood meeting was held February 10, 2000 at Yaggy Colby Associates' office regarding the Century Hills Townhomes Third zone change application. Four neighbors were in attendance as well as Mr. Roger Payne, Mr. David Schwartz and myself (please see attached sign -in sheet). The layout and zone change areas were discussed, as well as individual neighbor concerns. There were questions regarding where 21'A Street NE would go to the east in the future, and the connection of Century Hills Drive NE south to the access road connecting to East Circle Drive. These two streets and the connections to adjacent properties were shown on the General Development Plans for both Century Hills and Shannon Oaks at the meeting. There was also some discussion regarding a Box -Elder tree that will be removed by the ROCHESTER OFFICI first phase of the development (the five buildings on the west side). 717 Third Avenue 5 Overall, the neighbor's opinion of the project was good and the park was favorably received. Rochester, MN 55904 Sincerely, 507-288-6464 r-YAGGY COLB�SOCl/ATES Fax 507-288-505! Denny Christopherson Project Manager MASON CITY OFFICE DC 515-424.634, YCA #6890 Attachment Fax 515-424. cc Roger Payne 717 THIRD AVENUE SOUTHE.JST - ROCHt_ _R. MINNESOTA 55904 - (307) '88-1,4Ga - F,\X i5,,...18-5058 MEETING - ATTENDANCE SHEET DATE: /q.,Z oo TIME: v 0 PROJECT ;#: �o891J BY: &ztg�� CC:1� LOCATION: / I�eN• PROJECT: e�^� `J /�;1�5 7&,vt ok.1e5 3^9 SUBJECT: TO TAKE: ATTENDEES: NAME: YAGGY DCOLBY ASSOCIATES E�C- PCHITEC'; SL W1 t`4Y - PL>\%E:: L ARCH UCTi edeld AFFILIATION: PHOINE \O.: %tkrnLJ tM4At hUQAl l a$ 8- 517 6 4yticcv. 215 NORTH ADA.MS - MASON CITY, IOWA 50401 - (515) 424-6541 - FAX (515 4Z4-0551 EQUAL OPPORTUNITY EMPLOYER Page 3 City Planning and Zoning Commission Minutes Hearing Date: February 23, 2000 Avenue NW a the south side of 65"' Street N and the proposed phasing of the development. 13. Staff may recoNnntend additional conditi when the GDP is heard at the Council. PUBLIC HEARINGS. Ms. Petersson moved Ircontinue P urinary Plat #00-01, to be known as Northern Heights East Commegral Park, to the rch 22, 2000 meeting. Mr. Quinn seconded the motion, which cam 7-0. Mr. Svenby presented the staff report, dated February 18, 2000, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Mr. Svenby explained the location and noted this is a request to change the zoning district to R- 1 x. He pointed out that the approved Century Hills GDP shows this area for low -density townhomes or condos. Mr. Svenby stated that a portion of the property is within the City limits and the applicant has petitioned to annex the remainder of the land to the east. He explained that the applicant would like to develop the property with townhomes, which were a permitted use in the R-1 district prior to October 1998 when townhomes were removed from the R-1 district and the R-1x district was created. He referred to the staff -suggested findings to the criteria and noted that staff recommends approval based on those findings. Ms. Petersson left the room at this time. Representing the applicant, Wade Dumond, Yaggy Colby Associates, addressed the Commission and made himself available for questions. With no one wishing to address the Commission, Mr. Suk closed the public hearing. Ms. McGowan moved to approve Zoning District Amendment #00-02, by the Payne Company, based on staff -suggested findings. Mr. Slaver seconded the motion, which carried 6-0. Page 9 City Planning and Zoning Conarrussion Knutes Hearing Date: February 23, 2000 The proposed R-Ix zone better furthers the policies of the Comprehensive Land Use Plan by promoting a mixture of low -density land uses. At the time the GDP was approved for the property, townhome developments were a permitted use in the R-1 zoning district. Since the approval of the GDP, townhome developments have been removed from the R-1 zoning district and the R-1x zoning district was created, allowing townhome developments. 2. The permitted uses in the R-Ix zoning district will be appropriate on the subject property and compatible with adjacent properties and the neighborhood. 3. The proposed amendment does not involve spot zoning since it is consistent with the policies of the comprehensive Plan. Ms. Petersson returned to the Mr. Svenby presented the staff report, report is on file at the Rochester-Olms Mr. Svenby explained the location an t� plat consists of one lot and one outl e o pointed out that the applicant will d ype I a final plat, at which time each tow me will Representing the applicant, V Commission. He stated they location and size. He noted t grading and the Park Departr playground. Mr. Dumond not in the next month or so. Mr. Slaver stated he is a little aware an egress will be crest in and out. He commented tt entry to Emerald Hills and thi Mr. Dumond stated they to be constructed this sut initially, and then plat the constructed. February 17, 2000, to the Commission. The staff nning Department. plat will dedicate one roadway. He noted the will be parkland dedicated to the City. He `[mance Residential for the property and then be platted on a separate lot. imond, Yaggy Associates, addressed the et with Denny S and he is in agreement with the park work with the PaAftipartment regarding drainage and I supply them with Us for the ball diamonds and the Performance Re ntial application will be submitted �tcemed about the primary a of Century Hills Drive. He is to East Circle Drive, but note re will still only be two ways Century Hills Drive could get v usy and it is across from an is entry for Century High Schoo ibmitted the construction plans tXthther c Works for 21" Street He noted they will probably onlyat the first five units ling units and park next year aftconnection is 67 MEETING 1 j REQUESTFOR COUNCIL ACTION DATE 3-20-00 IENDASECTION: ORIGINATING DEPT. ITEM NO. PUBLIC HEARINGS PLANNING S _S ITEM DESCRIPTION: Preliminary Plat #00.02 by Payne Company to be known as Century PREPARED BY: Hills Townhomes Third. The Plat proposes to subdivide 13.14 acres of land into 1 lot for a Brent Svenby, future townhome development and 1 outlot to be developed as a park. The property is Planner located along the south side of Viola Road NE (CSAH 2), east of Century Hills Drive NE. March 13, 2000 City Plannina and Zoning Commission Recommendation: The City Planning and Zoning Commission held a public hearing on February 23, 2000 to consider this preliminary plat for the property. The proposed subdivision consists of 13.41 acres to be subdivided into 1 lot for a future townhome development and 1 outlot to be developed as a park. The Planning Commission found that this preliminary plat conforms to the criteria listed in the Land Development Manual and recommends approval of this preliminary plat with the following modifications or conditions: 1. Storm water management must be provided for this development. 2. The applicant shall enter into a development agreement with the City that outlines the obligations the of applicant relating to, but no limited to, stormwater management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, and contributions for public infrastructure. A temporary turnaround must be provided at the east end of 21" Street NE. 4. Pedestrian facilities along the east side of Century Hills Drive and the south side of Viola Road must be constructed concurrent with this development. The pedestrian facility along the south side of Viola Road must be a 10 foot bituminous path and designed to accommodate an eastlwest pedestrian crossing of Century Hills Drive at the normal stop bar location. 5. The final plat documents must dedicate controlled access along Viola Road (CSAH 2) and Century Hills Drive. 6_ The developer agrees that this subdivision will have an impact upon the City's needs for parkland and that ' dedication of Outlot A will fulfill the dedication obligation of this plat 7. The development agreement for this plat shalt include requirements and agreements for the developer to construct the secondary access to East Circle Drive concurrent with the development of this property_ Motion by Petersson to approve Preliminary Plat #00-02 to be known as Century Hills Townhomes Third, with the staff suggested conditions; seconded by Staver. The motion carried 7-0. „ ...s. ..de' C'ouftcitA"coon Need .. r�'Y/��r+11 Nr'i/ �i'�" ~?.Y. ...rpyy{,g4 • •..etVlia-�„a..'.i.1♦ 1) The Councii'mayapprove, approvmWitt*conditrons'ocdett' th�iand'subdrvisl"ctrpermitr The CounciCmustmake.ftndtn%s of"factbased:omthe cdteriaihcluded_in theestaf lreparlL Amottoritexdan mustlbclijdiwsup tlhs asoniifor:aiconndustoifthiiatleast!onoof= the:fiitbere rdi`ng fo deniai.imP2FagFaptgW-22W atW' -M` IUNCIL ACTIO : Motion br Second er_A t r to: GL1i � 'j_o t7�a�' .LN3WdOl3A3a iUN39 Q0 z SIIIH Amn1N3D 4!I ,ill l Fi la',;c OfPARFNEM r Mol UI mJ Ilk �. _m.._.._., ..,m—_._.._,._�. ---$#-V. rschft CENTURY HILLS TOWNHOMES THIRD f ROCHESiER 1NFNNFSOTA d PRELIMINARY PLAT IN / IID r &V (;RESTER. NrY JF'.......... yPP G'QA Ten•A UGU>T•� ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 ADMINISTRATION/ 5071285-8232 PLANNING GISIADDRESSINGf 507/285-8232 TO: City Planning and Zoning Commission MAPPING HOUSINGlHRA 5071285-8224 FROM: Brent Svenby, Planner BUILOING CODE 507/285-8213 WELUSEPnC 507/285-8345 FAX 507/287-2275 DATE: February 17, 2000 RE: Type III, Phase II, Land Subdivision Permit #00-02 (Preliminary Plat) to be known as Century Hills Townhomes Third. Planninq Department Review: Applicant/Owner: Payne Company 1700 NE Northwood Drive Rochester, MN 55906 SurveyorslEngineers: Yaggy Colby Associate 717 3 d Avenue SE Rochester. MN 55904 Referral Comments: RPU Operations Division RPU Water Division Rochester Park & Rec. Planning Dept. -Transportation Staff Planning Dept. — Wetlands Planning Dept. - Addressing MnlDOT Rochester Fire Department Rochester Public Works Department Report Attachments: 1. Land Development Manual Excerpts 2. Referral Comments (5letters) 3. Location Map 4, Copy of approved GDP 5. Copy of Preliminary Plat Dlevelonment Review: Location of Property: The property is located south of Viola Road (CSAH 2), east of Century Hills Drive NE. Zoning: The western portion of the property is zoned R-1 (Mixed Single Family) district on the City of Rochester �� AN EQUAL OPPORTUNITWAFFIRMATIVE ACTION EMPLOYER Page 2 Century Hills Townhomes V February 17, 2000 Proposed Development: Zoning Map. The eastern portion of the property has been petitioned to be annexed into the City. The applicant has filed a zoning district amendment on Lot 1 to the R-tx (Mixed Single Family Extra) district. This development consists of 13.14 acres of land to be subdivided into 1 lot and 1 outlot. The lot is proposed to be developed with townhomes and the outlot will be dedicated to the City as parkland. The applicant will need to go through the Performance Residential development process in order to develop the townhomes. Streets: This plat dedicates right-of-way for one roadway. The roadway "Z1" Street NE', is the east -west street. This roadway will continue to the east once the adjacent property is developed. This street is designed with a 60' right-of-way with a 37' surface. Public Works has commented that when the townhome development is proposed, the private roadways and public roadways intersecting 21 v Street NW will need to line up across from each other at 90- degree angles or be separated by 200 feet. Sidewalks: In accordance with current City policy, sidewalk is required along both sides of all of the new streets in the subdivision. Drainage: The elevations of this site range from 1,254' in the northeast corner of the plat to 1,236' in the southwest corner of the plat. The property drains in a southwesterly direction. A drainage report and grading plan will have to be approved prior to final plat approval. Wetlands: The Soil Survey and National Welland Indicator maps were reviewed for the presence of wetlands. The maps do not indicate the presence of wetlands on this property. Public Utilities:- Water and sewer services are installed within the proposed right-of-way of 21" Street NE Spillover Parking As per Section 63.426 of the I -DM, all residential development must provide spillover parking for service vehicles and visitors- Parking requirements will be reviewed when a townhome development is proposed for the property. Parkland Dedication: GutlotA on the plat is proposed to ba-dedicate to the City. This dedication of 5.9 acres will meet the dedication requirements of this plat plus the deferred dedication requirements for Century Hills 1 ", Zn°, V, I7! In Page 3 Century Hills Townhomes 3r0 February 17, 2000 General Development Plan: CIC 154 and CIC 158. The Council approved an amended General Development Plan for this property in June 1998. This plat is generally consistent with the approved GDP. Staff Review and Recommendation: Section 61.225 of the Land Development Manual lists the criteria which must be considered by the Planning Commission and the Council when reviewing a land subdivision permit application. In addition, Section 61,226 lists the findings which must be made for the denial of a land subdivision permit. These sections are attached for your information_ The Planning staff has reviewed this preliminary plat request under the provisions of LDM Sections 61.225 and 61,226. The staff recommends that the following modifications or conditions be imposed on this preliminary plat in order to insure that the above -mentioned criteria are met: 1. Storm water management must be provided for this development 2. The applicant shall enter into a development agreement with the City that outlines the obligations of the applicant relating to, but no limited to, stormwater management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, and contributions for public infrastructure. 3. A temporary turnaround must be provided at the east end of 21" Street NE. 4. Pedestrian facilities along the east side of Century Hills Drive and the south side of Viola Road must be constructed concurrent with this development The pedestrian facility along the south side of Viola Road must be a 10 foot bituminous path and designed to accommodate an east/west pedestrian crossing of Century Hills Drive at the normal stop bar location. 5. The final plat documents must dedicate controlled access along Viola Road (CSAH 2) and Century Hills Drive. 6. The developer agrees that this subdivision will have an impact upon the City's needs for parkland and that dedication of Outtot A will fulfill the dedication obligation of this plat T. The development agreement for this plat shall Include requirements and agreements for the developer to construct the secondary access to last Circle Drive concurrent with the development of this property. REMINDER TO APPUCANT.• • This plat is subject to the Subdivision regulations which became effective May 15, 1999. Approved construction plans and an executed Development Agreement will need to be submitted with the final plat application, if the developer wishes to record the Plat prior to completion of improvements. • Prior to development, the property owner will need to execute a City Owner Contract that requires the developer to construct the public roadways and utilities. CITY OF ROCHESTER ZONING ORDINANCEAND LAND DEVELOPMENT MANUAL EXCERPTS 61.225 Findings for Land Subdivision: The Zoning Administrator, Commission or Council shall approve a development permit authorizing a land subdivision if all of the following findings with respect to the proposed development are made: A. The proposed land subdivision conforms to all relevant requirements of this ordinance and variances have been granted to permit any nonconformance. B. That the proposed water system and sanitary sewer system are adequate to serve the normal and fire protection demands of proposed development and to provide for the efficient and timely extension to serve future development. C. That the plan for soil erosion and stormwater management meets the adopted standards of the City of Rochester and is consistent with the adopted Stormwater Management Plan or adopted drainage or stormwater policies. 0. That the vehicular and non -motorized system is consistent with adopted transportation plans and is consistent with the street layout standards listed in Section 64.120 and traffic service standards in Section 61.526. E. That the lot and block layout provide for safe and convenient vehlcular, service and emergency amass, efficient utility service connections, and adequate buildable area in each lot for planned uses. F. That the proposed land subdivision has taken into account the current 6-Year and other Long -Range Capital Improvements Programs and the elements listed therein in the design of the subdivision- G. That the proposed subdivision, if in a residential zoning district, -addresses the need for spillover parking consistent with the requirements of Section 63.426. H. That right-of-ways and easements of adequate size and dimension are -provided for the purpose of constructing the street, utility, and drainage facility needed to serve the. development 1. That the proposed parks, trail thoroughfares and open space dedications are consistent with adopted plans, policies and regulations. J. That the proposed, subdivision will not have off -site impacts on the street, drainage, water or wastewater systems that exceed adopted standards. * That the proposed subdivision will not have adverse impacts on the safety or viability of permitted uses on adjacent properties. L That the proposed land subdivision is designed In such a manner as to allow for continued. development In an efficient manner on adjacent undeveloped lands: Efffective May 15, 1999 M. That the soils, topography and water tables have been adequately studied to ensure that all lots are developable for their designated purposes. N. That the proposed land subdivision is consistent with the standards of the City's adopted Comprehensive Plan. Q. That any land located within Zone A as shown on the currently adopted Flood Boundary and Floodway Maps of the Flood Insurance Study, Rochester, Minnesota, prepared by the Federal Emergency Management Agency, is -determined to be suitable for its intended use and that the proposed subdivision adequately mitigates the risks of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, or any other floodplain related risks to the health, safety or welfare of the future residents of the proposed subdivision in a manner consistent with this ordinance. 61.226 Conditions on Approvals: In considering an application for a development permit to allow a land subdivision, the approving body shall consider and may Impose modifications or conditions to the extent that such modifications or conditions are necessary to insure compliance with the criteria of Section 61,225. Effective May 15, 1999 ROCHESTER Minnesota 2/14/00 TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur 107� DEPARTMENT OF PUBLIC WORKS 2010 Street SE Room 108 Rochester, MN 55904-3740 507.287-7800 FAX — 507.281-6216 The Department of Public Works has reviewed the requested application for a Preliminary Plat 00-02 on Century Hills Townhomes Third Payne Company) property. The following are the Public Works comments on the proposal: 1. Storm Water Management must be provided for this development. 2. A City / Owner Contract must be executed prior to development of this property, to address the construction of all public infrastructure and utilities to serve this subdivision. 3. A temporary turn -around will be required at the eastern end of 21st St NE 4. Pedestrian facilities shall be located and constructed concurrent with this development, along all new public roadways, the east side of Century Hills Dr, and the south side of Viola Road (as shown on the preliminary plat, facilities along the south side of Viola Road will be a 10 foot bituminous path instead of a concrete sidewalk). 5. The applicant shall enter into a development agreement with the City that outlines the obligations of the applicant relating to, but not limited to, stormwater management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, and contributions for public infrastructure. 6. Private and public roadways intersecting 21st St NE shall either lineup across from each other at 90 degree angles, or be separated by 200 feet. C.1TE MP\PPoF00-02. doc ROCHESTER Minnesota 2/l4roo TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DEPARTMENT OF PUBLIC WORKS 201 40 Street SE Room 108 Rochester, MN 55904-3740 507-287.7800 FAX — 507-281-6216 The 10 foot bituminous pedestrian path, and the 5 foot concrete sidewalk along the east side of Century Hills Drive shall be designed to accommodate a east I west pedestrian crossing of Century Hills Drive at the normal stop bar location. Charges & fees for the following are applicable for the development of this property: J9218 "Silver Creek Trunkline Sanitary Sewer' 13.14 acres @ $1,403.17 per acre = $18,437.65 485 feet @ $46.00 per foot = $22.310.00 (This amount will be deducted from the remaining pre -paid balance) J9288 "High Level Water Tower in NE Area" 13.14 acres @ $1,021.46 per acre = $13,421.98 plus 7.5% interest from 514/98 ❖ J9379 "Trunk Watermain to New High Level Water Tower" One-half of remaining balance of $39,692.93 = $19,846.47 plus 7.5% interest from 5/4198 (Note: the remaining principal of $19,546.46 plus 7.5% interest from 5/4198, will be charges to the future development immediately south of Century Hills 3rd Townhomes) Traffic Signs as determined by the City of Rochester Traffic Division. CATEMPWP#D0-02.doc TRANSPORTATION S1. v� ABASE -1998 FEBRUARY 2000REFERRACS (071 ' I City Cond Use 00-2 No comment Willow Creek Golf Course City I P1 No comment RascUDoR•k- City Fin Plat 99.8 No comment Spruce Meadows City Prc1 Plat 00.4 No comment Orchard Hills 4 City Prel Plat 00-3 No comment Emerald Hills Second City Prel Plat 00.2 Cent Hills Townhomes3 The final plat documents should reflect dedication of access control along Viola Rd and Century Hills Drive City ZC 00-2 No comment Payne Co City Annex 00.5 No comment Payne Co t, . r park & recrea!ion ROCHESTER PARK AND RECREATION DEPARTMENT- 201 FOURTH STREET SE ROCHETER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: Febr .ary 1, 2000 TO: Suzanne LaPalm Planning RE: Century Hills Townhomes 3rd Preliminary Plat #00-02 Number of dwelling units ............................................. Density factor........................................................... Dedication............................................................... 30 units .0244 .73 acres The Park and Recreation Department recommends that dedication requirements be met via: Dedication of the 5.9 acreOutlot A will meet dedication requirement for this plat plus meet the deferred dedication requirements for Century Hills 1A, 2nd. 3d, CIC 154 and CIC 158. Applicant Payne Company 1700 NoM1hwood Drive NE \\City_of_rochester\cityha11\PARK\DSTOTZ\2000\DEDICAT10N\NE 2896\CENTURY HILLS TOWN 3RD.DOC Page 9 City Planning and Zoning Commission Minutes Hearing Date: February 23, 2000 The propos -1x zone better furthers the s of the Comprehensive Land Use Plan by promo a mixture of low -de d uses. At the time the GOP was approved for the erty, townho iopments were a permitted use in the R-f zoning district. Sinc a appr he GDP, townhome developments have been removed from the R-f z in ct and the R-Ix zoning district was created, allowing townhome dev nts, Z The perlandc the R-fx 'ng district will be appropriate on the subject propertible with adja properties and the neighborhood. 3. The prodment does not involve spot zoning since it is consistent with the pollomprehensive Plan. Type 111, Phase II Land Subdivision Permit (Preliminary Plat) #00-02 by Payne Company to be known as Century Hills Townhomes Third The Plat proposes to subdivide approximately 13.14 acres of land into 1 lot for a future townhome development and 1 outlot to be developed as a park The property is located along on the south side of Viola Road NE (CSAH 2) east of Century Hills Drive NE Ms. Petersson returned to the meeting. Mr. Svenby presented the staff report, dated February 17, 2000, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Mr. Svenby explained the location and stated the plat will dedicate one roadway. He noted the plat consists of one lot and one outlot. The outlot will be parkland dedicated to the City. He pointed out that the applicant will do a Type I Performance Residential for the property and then a final plat, at which time each townhome will most likely be platted on a separate lot. Representing the applicant, Wade Dumond, Yaggy Colby Associates, addressed the Commission. He stated they have met with Denny Stotz and he is in agreement with the park location and size. He noted they will work with the Park Department regarding drainage and grading and the Park Department will supply them with plans for the bail diamonds and playground. Mr. Dumond noted that the Performance Residential application will be submitted in the next month or so. Mr. Slaver stated he is a little concerned about the primary entry of Century Hills Drive. He is aware an egress will be created to East Circle Drive, but noted there will still only be two ways in and out. He commented that Century Hills Drive could get very busy and it is across from an entry to Emerald Hills and the bus entry for Century High School. Mr. Dumond stated they have submitted the construction plans to Public Works for 21" Street to be constructed this summer. He noted they will probably only final plat the first five units initially, and then plat the remaining units and park next year after the other connection is constructed. ($'Page 10 City Planning and Zoning Commission Minutes Hearing Date: February 23, 2000 Mr. Quinn asked if condition number 7 refers to the dotted line shown across the park area on the plat map. Mr. Dumond explained that it refers to the Development Agreement that is being worked out with Century Hills 4`' Subdivision. It is being worked out with Public Works to provide that access point. Mr. Dumond referred to condition number 4, and noted that in previous townhome developments to the west, the requirement was that the trail be graded, not that it be a bituminous path, so the applicant would like to request that be changed. Mr. Svenby stated he can look into that issue and address it before the Council meeting. Mr. Dumond noted the ordinance has changed since the previous developments were platted. Mr. Suk commented that it looks as like they would fall under the rules of the current ordinance that says it must be bituminous. With no others wishing to speak, Mr. Suk closed the public hearing. Ms. Petersson moved to approve Preliminary Plat #00-02, to be known as Century Hills Townhomes Third, with staff -suggested conditions. Mr. Staver seconded the motion. The motion carried 7-0. Conditions: 1. Storm water management must be provided for this development. 2. The applicant shall enter into a development agreement with the City that outlines the obligations of the applicant relating to, but no limited to, stormwater management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, and contributions for public infrastructure. 3. A temporary turnaround must be provided at the east end of 21" Street NE. 4. Pedestrian facilities along the east side of Century Hills Drive and the south side of Viola Road must be constructed concurrent with this development The pedestrian facility along the south side of Viola Road must be a 10 foot bituminous path and designed to accommodate an east/west pedestrian crossing of Century Hills Drive at the normal stop bar location. 5. The final plat documents must dedicate controlled access along Viola Road (CSAH 2) and Century Hills Drive. 6. The developer agrees that this subdivision will have an impact upon the Clty's needs for parkland and that dedication of Outlot A will fulfill the dedication obligation of this plat. 7. The development agreement for this plat shall include requirements and agreements for the developer to construct the secondary access to East Circle Drive concurrent with the development of this property. AGENDA REQUEST FOR COUNCIL ACTION PUBLIC HEARINGS TING DEPT: PLANNING MEETING ' g / DATE 3-20-00 :M NO. F, .( ITEM DESCRIPTION: Preliminary Plat i#00-03 to be known as Emerald Hills Second PREPARED BY: Subdivision Mitzi A. Baker, March 10, 2000 City Planning and Zoning Commission Recommendation: The Planning Commission considered this preliminary plat at a public hearing on February 23, 2000. The Planning Commission recommended approval of Preliminary Plat #00-03, subject to the following modifications and conditions. Motion carried 7-0. 1. Outlot A shall be revised to be a minimum of 30 feet in width and shall include a trail or sidewalk to be constructed by the applicant. 2. Any necessary easements outside of the Plat that may be needed for utilities, drainage or temporary turn -around be provided prior to or concurrent with final plat recording. 3. The applicant shall enter into a development agreement with the City that outlines the obligations of the - applicant relating to, but not limited to, stormwater management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, infrastructure improvements and contributions for public. infrastructure. The cul-de-sac on "Kathleen Lane NE" shall be signed "No Parking - Fire Cane" since the diameter is not sufficient to provide the needed turn -around radius with parking ar the cul-de-sac radius shall be increased to allow for both parking an the needed turn -around radius. 5. Additional hydrant(s) be provided as required by the Fire Department and RPU Water division. 6. Parkland dedication for this plat shall be met via a reduction in existing dedication credits (2.63 acres) from the 1996 dedication of 5.0 acres when the Century High School Site was purchased. Council Action Needed: 1. The Council may approve, approve with conditions, or deny the land subdivision permit. The Council must make findings of fact as a basis for the decision. COUNCILACTION: mobonbr. Second bto: W G I CGNT%A y fF�ut} st+loot Q w Jm: ��- O� }Vz G �--__�i 1�1�i_-�_.-. r-. yy i8� �I p ' lYld kSYNl. 'dd - e � NOISInlaB(1S aNOJ35 SIIIH 01b'l13W3 A y s L~ C j N i I 100HOS' HJIH AH N30 f �';I-AV-'iil v� r All /, 1 at n � art. \ r; N N T. 1 1 4 A � 3f,' 19s TO: City Planning and Zoning Commission FROM: Mitzi A. Baker, Senior Planner DATE: February 17, 2000 ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS OR SE ROCHESTER MN 55904-4744 ADMINISTRATION/ 507/285-8232 PLANNING GIS/ADDRESSING/ 507/285-8232 MAPPING HOUSINGIHRA 507/285-8224 BUILDING CODE 507/285-8213 WELUSEP11C 5071285.8345 FAX 5071287.2275 RE: Type III Phase 11 Land Subdivision Permit (Preliminary Plat) #00-03 by Fred Schmidt to be known as Emerald Hills Second Subdivision. The Plat proposes to subdivide approximately 15.54 acres of land into 42 lots for single family development and 1 Outlot. The Plat also proposes to dedicate right-of-way for three new public roads. The property is located north of Century High School and west of Cassidy Drive NE. Planning Department Review: Applicant/Owner. Fred Schmidt 3200 SE W Ave. Rochester, MN 55904 Surveyors/Engineers: Yaggy Colby Associates 717 Third Ave. SE Rochester, MN 55904 Referral Comments: 1. Rochester Department of Public Works 2. Rochester Park & Rec. Dept. 3. Rochester Fire Prevention 4. RPU Water Division Report Attachments: 1. Land Development Manual Excerpts 2. Referral Comments (4 Letters) 3. Copy of Proposed Emerald Hills General Development Plan 4. Copy of Preliminary Plat Development Review: Location of Property: This plat is located north of Century High School, east of East Circle Drive. Zoning: Most of this property is in the City and is zoned R-1 AN EQUAL OPPORTUNrrY/AFFIRMATIVE ACTION EMPLOYER Page 2.. February 17, 2000 (Mixed Single Family). Proposed Development: This development consists of 15.54-acres to be subdivided into 42lots for single family residential development and one Outlot. Streets: The plat dedicates right-of-way for three (3) public roadways including one cul-de-sac. Utilities: Sanitary sewer and water lines will be extended from their present ends within Emerald Hills Subdivision and the School property. This development will be served by a private lift station, which was installed with Emerald Hills Subdivision. Sidewalks: In accordance with current City policy, sidewalk is required along the streets being dedicated in this plat Drainage: The elevations range from 1,234' in the southeastern portion of the Plat to 1,170' in the northwest comer of the Plat. The property generally drains to the northwest. Storm sewer is proposed within this plat to capture runoff. Two outlets are proposed at the western boundary of the Plat. The adjacent property to the west is also part of the Emerald Hills GDP and will be platted for single family development in the future. A stormwater pond located north and west of this plat for stomwater detention which will handle the drainage from this plat. Wetlands: Minnesota Statutes require that all developments be reviewed for the presence of wetlands or hydric soils. There do not appear to be hydric soils within this plat. Spillover Parking: The spillover parking requirements for this development would be approximately 50 parking spaces. The proposed roadways should be adequate to accommodate the required spillover spaces. Parkland Dedication: Parkland dedication for this plat should be met through a reduction of existing dedication credits from the 1996 dedication of 5 acres when the Century High School site was purchased. General Development Plan: This property is included within the Emerald Hills General Development Plan which was originally approved irr 1996 and amended in 1999. Page 3 February 17. 2000 Staff Review and Recommendation: The Planning staff has reviewed this preliminary plat request under the provisions of LDM Sections 61.225 (effective 5/151199). In order to meet the criteria, approval of this plat should require the following conditions or modifications: 1. Outlot A shall be revised to be a minimum of 30 feet in width and shall include a traitor sidewalk to be constructed by the applicant. 2. Any necessary easements outside of the Plat that maybe needed for utilities, drainage or temporary turn -around be provided prior to or concurrent with final plat recording. 3- The applicant shall enter into a development agreement with the City that outlines the obligations of the applicant relating to, but not limited to, stormwater management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, infrastructure improvements and contributions for public infrastructure. 4. The cul-de-sac on "Kathleen Lane NE" shalt be signed "No Parking —Fire Lane" since the diameter is not sufficient to provide the needed tum-around radius with parking or the cul-de-sac radius shall be increased to allow for both parking an the needed turn- around radius:. 5. Additional hydrants) be provided as required by the Fire Department and RPU Water division. 6. Parkland dedication for this plat shall be met via a reduction in existing dedication credits (2.63 acres) from the 1996 dedication of 5.0 acres when the Century High School Site was purchased. REMINDER TO APPLICANT: •, Prior to development, the property owner will need to execute a City Owner Contract for construction of the public roadways and utilities. e, This Plat is subject to the Subdivision regulations which became effective May 15, 1999. Approved grading, drainage and construction plans and an executed Development Agreement will need to be submitted with the final plat application if the applicant Intends to record the final plat documents prior to completion of infrastructure improvements. i go? (q � Page 4 February 17, 2000 CRITERIA FOR LAND SUBDIVISION PERMIT (PRELIMINARY PLAT) Effective May 14 1999 61.225Findings for Land Subdivision: The Zoning Administrator, Commission or Council shall approve a development permit authorizing a land subdivision if all of the following findings with respect to the proposed development are made: A. The proposed land subdivision conforms to all relevant requirements of this ordinance and variances have been granted to permit any nonconformance. B. That the proposed water system and sanitary sewer system are adequate to serve the normal and fire protection demands of proposed development and to provide for the efficient and timely extension to serve future development. C. That the plan for soil erosion and stormwater management meets the adopted standards of the City of Rochester and is consistent with the adopted Stormwater Management Plan or adopted drainage or stormwater policies. D. That the vehicular and non -motorized system is consistent with adopted transportation plans and is consistent with the street layout standards listed in Section 64.120 and traffic service standards in Section 61.526. E That the lot and block layout provide for safe and convenient vehicular, service and emergency access, efficient utility service connections, and adequate buildable area in each lot for planned uses. F. That the proposed land subdivision has taken into account the current 6-Year and other Long - Range Capital Improvements Programs and the elements listed therein in the design of the subdivision. G. That the proposed subdivision, if in a residential zoning district, -addresses the need for spillover parking consistent with the requirements of Section 63.426. H. That right-of-ways and easements of adequate size and dimension are -provided for the purpose of constructing the street, utility, and drainage facilities needed to serve the development. 1. That the proposed parks, trail thoroughfares and open space dedications are consistent with adopted plans, policies and regulations. J. That the proposed subdivision will not have off -site impacts on the street, drainage, water or. - wastewater systems that exceed adopted standards. K. That the proposed subdivision will not have: adverse impacts on the. safety or viability of permitted uses on adjacent properties.. L. That the proposed land subdivision is designed in such a manner as to allow for continued development in an efficient manner on adjacent undeveloped lands; M. That the sots, topography and water tables have been adequately studied to ensure that all lots are developable for their designated purposes. Page 5 February 17, 2000 N. That the proposed land subdivision is consistent with the standards of the City's adopted Comprehensive Plan. O. That any land located within Zone A as shown on the currently adopted Flood Boundary and Ficodway Maps of the Flood Insurance Study, Rochester, Minnesota, prepared by the Federal Emergency Management Agency, is -determined to be suitable for its intended use and that the proposed subdivision adequately mitigates the risks of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, or any other floodplain related risks to the health, safety or welfare of the future residents of the proposed subdivision in a manner consistent with this ordinance. i� park s recreation DATE: February 1, 2000 TO: Suzanne LaPalm Planning ROCHESTER PARK AND RECREATION DEPARTMENT 201 FOURTH STREET SE ROCHETER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM RE: Emerald Hills 2r" Preliminary Plat #00-03 Number of dwelling units ............................................. 42 units Density factor............................................................ .0244 Dedication............................................................... 1.02 acres Fair market value of land ............................................. NA The Park and Recreation Department recommends that dedication requirements be met via: Reduction in existing dedication credits (2.63 acres) from the 1996 dedication of 5.0 acres when the Century High School site was purchased. My interpretation of Section 64.227 Trail Thoroughfares and Sidewalk section of the revised LDM is that the applicant is to dedicate a 30' wide access to the school site (Outlot A) with the trail or sidewalk to be constructed by the applicant. Applicant Fred Schmidt 3200 60 Ave SE Rochester Mn 55904 i ROCHESTER Minnesota ?n 0/00 TO: Consolidated Planning Department 2122 Campus Drive SE - Rochester, MN 55904 FROM: Michael J. Nigbur DEPARTMENT OF PUBLIC WORKS 201 40 Street SE Room 108 Rochester, MN 55904-3740 507-287.7800 FAX — 507-281-6216 The Department of Public Works has reviewed the requested application for a Preliminary Plat 00-03 on Emerald Hills Second Subdivision (Fred Schmidt) property. The following are the Public Works comments on the proposal: 1. Storm Water Management will be provided for this development by detention facilities that were required for Emerald Hills First Subdivision. 2. A grading plan for this phase of Emerald Hills must be submitted and approved. 3. A City / Owner Contract must be executed prior to development of this property, to address the construction of all public infrastructure and utilities to serve this subdivision. 4. The applicant shall enter into a development agreement with the City that outlines the obligations of the applicant relating to, but not limited to, stormwater management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, and contributions for public infrastructure. 5. Outlot A is shown on the plat with a width of 20 feet. A 5 foot utility easement is needed on both side of the Outlot. 6. Pedestrian facilities shall be located and constructed concurrent with this development, along both sides of all public roadways. Charges & fees for the following are applicable for the development of this property: •:• Sewer Availability Charge (SAC) @ $1605.50 per acre :• J9288 "High Level Water Tower in Northern Heights Area" @ $1,021.46 per acre, plus 7.5% interest from 514/98 :• Traffic Signs as determined by the City of Rochester Traffic Division. 4 Street Name Signs 1 Street Ends Sign CATEMP1PPp00-03Aoc ROCHESTER DATE: February 10, 2000 TO: Suzanne LaPalm, Planning FROM: Lyle Felsch, Deputy Chief f 4�CC 0.�1'GU3S•.•• DAVID A. KAPLER, Chief Rochester Fire Department 201 4th Street SE, Room 10 Rochester, MN 55904.3726 (507)285-8072 FAX #(507) 285-8256 SUBJECT: Type III, Phase 11 Land Subdivision Preliminary Plat #00-03, Emerald Hills Second, located north of century High School and west of Cassidy Dr NE. This project is beyond the 5 minute fire response standard and is adding 42 residential lots on 15.54 acres, to the fire protection area of the Rochester Fire Department. With that regard the fire code has the following requirements: An adequate water supply shall be provided for fire protection including hydrants properly located and installed in accordance with the specifications of the Water Division. Hydrant shall be in place prior to commencing building construction. There appears to be a required hydrant missing along Colleen Street NW between lots 21 and 22. 2. Fire department, access streets and roadways shall be as provided in accordance with the fire code, RCO 31 and the Zoning Ordinance and Land Development Manual including approved cul-de-sac dimensions and street widths. All fire department access roadways shall be serviceable prior to and during building construction. The cul-de-sac on Kathleen drive is not large enough to allow parking around it's perimeter. A diameter of at least 96' is necessary to provide sufficient turn -around radius with parking. If constructed as drawn, this cul-de-sac must be posted "No Parking — Fire Lane". 3. All street, directional and fire lane signs must be in place prior to occupancy of any residential buildings. 4. All buildings are required to display the proper street address number on the building front, which is plainly visible and legible from the street fronting the property. c: Donn Richardson, RPU, Water Division Yaggy Colby Assoc., 717 To Avenue SE, Rochester, Mn. 55904 Fred Schmidt,3200 60"' Ave. SE, Rochester, Mn. 55904 _-7 h!m platted. Mr. Suk commented that it oks as like they would fall un er the rules of the current ordinance that says it must bituminous. With no others wishing to spea Mr. Suk clos the public hearing. Ms. Petersson moved to approve relimina Plat #00-02, to be known as Century Hills Townhomes Third, with staff -s gges d conditions. Mr. Staver seconded the motion. The motion carried 7-0. Conditions: 1. Storm water management 2. The applicant shall enter i outlines the obligations 91 stormwater managemeqf, facilities, right-of-way e 3. A temporary turnar< 4. Pedestrian facilities 5. C� 7 side of Viola Road The pedestrian fa bituminous path , crossing of Cen h The final plat d cu (CSAH 2) and ens di ust be provided for this development, to a develop ent agreement with the City that the applicant r ating to, but no limited to, park dedication, ffic improvements, pedestrian cation, and contri tions for public infrastructure. yhd must be provided at t east end of 215t Street NE. Along the east side of Centu Hills Drive and the south lust be constructed concurre with this development. 'ty along the south side of Viola oad must be a 10 foot ( designed to accommodate an a t/west pedestrian Hills Drive at the normal stop bar I cation. ents must dedicate controlled acce along Viola Road ry Hills Drive. The develop r agrees that this subdivision will have an im#qc needs for p�rkland and that dedication of Outiot A will fulfill obligat Thion f this plat. e deve pment agreement for this plat shall include requires agreem nts for the developer to construct the secondary accc Circle rive concurrent with the development of this property. upon the City's dedication and East Type III Phase If Land Subdivision Permit (Preliminary Plat) #00-03 by Fred Schmidt to be known as Emerald Hills Second Subdivision. The Plat proposes to subdivide approximately 15.54 acres of land into 42 lots for single family development and 1 Outlot. The Plat also proposes to dedicate right-of-way for three new public roads. The property is located north of Century High School and west of Cassidy Drive NE. Mr. Svenby presented the staff report, dated February 17, 2000, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. r r ..r r c a; Ginn l 1. ok\ \Sa;c6 3 Sfim3tes ...� .; : n r=-.,• —_ ....... ....-. cad ' Mr. Svenby explained the location and presented a map of the approved GDP, pointing out the area that has already been platted. He stated the proposed plat consists of 15.54 acres to be divided into 40 lots for single family residential development, including one outlot. Mr. Svenby reviewed the roadways and utilities, and commented that staff recommends approval with the six conditions listed in the report. Mr. Quinn asked if the only access in and out is off of Cassidy Drive Mr. Svenby stated that currently it is. He explained that the ordinance limits the number of lots to 120 on one access, and the City Engineer has the authority to waive that requirement. He noted that this plat will bring the total number of lots in this subdivision to 84. Mr. Staver asked if is there a threshold that will make the intersection become signalized. Mr. Svenby stated that when certain warrants are met, options such as signalization are considered, but that wouldn't be addressed until the warrants are met. Mr. Burke asked if it is common to have a private lift station. Mr. Dumond explained that typically those are always private. In this case the developer worked out an arrangement with Public Works for some extra land to be dedicated, as well as some money for maintenance. The reasoning for this agreement is that the developer probably didn't want to have the requirement of a homeowners association for maintenance. Mr. Dumond stated they are in agreement with the conditions and he is available for questions. He noted that regarding the number of units with only one access, this GDP was approved prior to the new ordinance that contains the 1200 trips per day stipulation. He commented that it will probably be a long time before the roadway is extended to the north, but they will work this issue out with Public Works. Mr. Burke noted that staff is recommending a 30' wide outlot instead of 20', and he asked if that is considered parkland. Mr. Dumond stated that some credit can be used, but he doesn't think it is part of the parkland credits. He noted that the green space will be taken over by the City at some point. With no others wishing to speak, Mr. Suk closed the public hearing. Mr. Burke made a motion to approve Preliminary Plat #00-03, with staff -suggested findings and conditions. Ms. Petersson seconded the motion, which carried 7-0. Conditions: 1. Outlot A shall be revised to be a minimum of 30 feet in width and shall include l 1l Ann I. <; P \A March 3 %hnures a trail or sidewalk to be constructed by PP the applicant lq5 / 2. Any necessary easements outside of the Plat that may be needed for utilities, drainage, or temporary turn -around be provided prior to or concurrent with final plat recording. 3. The applicant shall enter into a development agreement with the City that outlines the obligations of the applicant relating to, but not limited to, stormwater management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, infrastructure improvements, and contributions for public infrastructure. 4. The cul-de-sac on "Kathleen Lane NE" shall be signed "No Parking — Fire Lane" since the diameter is not sufficient to provide the needed turn -around radius with parking or the cul-de-sac radius shall be increased to allow for both parking and the needed turn -around radius. 5. Additional hydrant(s) be provided as required by the Fire Department and RPU Water division. 6. Parkland dedication for this plat shall be met via a reduction in existing dedication credits (2.63 acres) from the 1996 dedication of 5.0 acres when the Century High School site was purchased. Mr. Svenby presentedNip staff report, dated,fC`ebruary 17, 2000, to the Commission. The staff report is on file at th ochester-Olm�(ed Planning Department. Mr. Svenby explained the prope loc ion and noted there is a GDP that was approved for the property in 1995. He stated plat consists of 12.45 acres to be divided into 8 lots for single family residential dev o ent. He pointed out that a home already exists on lot 3. Mr. Svenby referred to t criteria nd staff suggested findings, noting approval is recommended with the seve conditions lis d in the report. Ms. Petersson noted that conditions 2 and 4 stated Y-.ox Chase Road SE," which should be changed to "Fox Chas Mr. Staver asked if Fox Drive. id SW." ase Road will terminate in a cukde-sue or extend to Gates Mr. Svenby explaine that it will eventually end in a cul-de-sac, which he pointed out on the map. He also r erred to a lot that Mr. Younge doesn't own and noted that in 1995, Mr. Younge petitio ed to vacate Gates Drive in that area, but the vacation will not be recorded until the area is developed and the new right-of-way dedicated. Representing the applicant, Wade Dumond of Yaggy Colby Associates, addressed the Commission, and stated that in regard to the vacation of Gates Drive, it will become II_F I< t lcnn'L:: on, General Development Report for Ripley Property in Section 17 of Cascade Township Rochester, Minnesota Prepared for: BBB Development, Inc. PO Box 247 Byron MN 55920 Prepared by: McGhie & Betts, Inc. 1648 Third Avenue SE Rochester, MN 55904 507-289-3919 November 8, 1999 Revised January 31, 2000 J*em S - 7 3,do- p ,a9"##. General Development Plan For Ripley Property Page 1 1.0 INTRODUCTION This report has been prepared in accordance with the requirements of Appendix B-1, Item E, of the Informational Supplement to the Zoning Ordinance and Land Development Manual, as adapted by the City of Rochester January 8, 1992, and as amended by Ordinance in May of 1999. A General Development Plan (GDP) is required for this site in accordance with Section 61.211 for any site where the eventual platting of the property involves approval of a Type III Land Subdivision permit. This report is intended to provide a descriptive narrative of the attached GDP prepared by McGhie & Betts, Inc., of Rochester, Minnesota. It should be noted that this site, in part, was jointly planned with the "Weatherstone" project to the south. The access from 501" Avenue NW, access spanning along 50`" Avenue NW, the drainage and storm sewer system, bike trail connections and parkland, and sanitary sewer service were planned in conjunction with "Weatherstone." The 1978 Land Use Plan for the City of Rochester indicates that this site lies outside the Urban Service Area. However, the updated 1995 Olmsted County Land Use Plan (Exhibit A) designates this site in the 25 year Urban Service Area. In addition, the sewer service study for Phase II of the Northwest Sanitary Sewer Trunkline included this site in the service area as did the 1993 study of the Northwest High Level Water Study prepared by McGhie & Betts, Inc., for the City of Rochester (See Exhibit B for service map). A Traffic Analysis has been prepared by Benshoof & Associates for the Weatherstone project which incorporates the traffic volumes from the Ripley site with the assumption that the Ripley GDP will be fully built -out in the year 2003. In a discussion with Mr. Charles Reiter. It was concluded that a combined or joint traffic MCGHIE & BETTS, INC. General Development Plan For Ripley Property Paoe 2 study would be acceptable and perhaps a more desirable route to identify issues related to traffic operations. The future project area consists of approximately 122 acres. As proposed, the development will contain 368 single family detached lots for a density of 3.02 lots per acre. 2.0 BACKGROUND This site has historically been in row crop production with some pastureland. The farmstead is still located on the site and has, over the years, also been used to raise livestock. In 1993, a water study was completed for the City of Rochester which included the majority of this site in the service area of the Northwest Highland Water Tower located just to the north of the North Park Development. Prior to 1993, the City completed a sanitary sewer trunkmain study that also included this property in the service district. The applicants filed a petition for annexation of Phase I which included approximately 38 acres, in October of this year. To date, the Cascade Town Board has voted to not object to the annexation. The Planning and Zoning Commission and City Council have both approved the annexation. 3.0 SITE ANALYSIS 3.1 Location The property lies in the north half of Section 7 of Cascade Township and is adjacent to the north property boundary of Weatherstone. 50'" Avenue NW is on the easterly boundary of the site and 65ih Street NW forms the northerly boundary. MCGHIE & BETTS, INC. General Development Plan For Ripley Property Page 3 The site is continuous with the Douglas Trail on the southeast boundary of the site. Undeveloped agricultural land lies to the west-northwest of the site. 3.2 Site Characteristics Elevations on the site range from 1060 in the southwest corner to 1180+ in the northeast corner. There are several defined drainageways on the site that direct the surface drainage from north to south and then along the Douglas Trail to 50th Avenue NW through the Weatherstone project. 3.3 Wetlands Four wetlands have been identified and delineated on the site in accordance with the 1987 Corps of Engineers Wetland Delineation Manual. Wetlands A and B are the largest wetlands on the site and have higher degrees of function and value than Wetlands C and D. Wetlands C and D are both Type 2, Wet meadow wetlands severely impacted by agricultural activities. Wetland B on -site is 3.75 acres and is a mix of Type 2, Wet meadow, Type 3, Shallow marsh, and Type 6, Shrub swamp wetland. Wetland B continues onto the property to the south and has been impacted by agricultural tiling. Wetland A is approximately 2.2 acres and has been impacted by grazing activities and ditching. Wetland A is a mix of Type 2, Wet meadow, Type 3, Shallow marsh, and Type 7, Wooded swamp. Additional review of Wetland A is being completed in conjunction with the Department of Natural Resources, to make a calcareous fen determination. If Wetland A is a calcareous fen, additional protection measures may need to be formulated to meet the requirements of the Wetland Conservation Act. The development plans have been revised to avoid the majority of Wetlands A and B. All wetland impacts will be mitigated on the site within the vicinity of Wetlands A and B to create somewhat of a corridor for wildlife, storm water treatment, and recreational opportunities. MCGHIE & BETTS, INC. General Development Plan For Ripley Property Page 4 3.4 Soils The 125 acre Ripley Property lies at the headlands of the Kings Run subwatershed of the South Zumbro River Watershed. The terrain is characterized as a landscape of dissected glacial till with waterways and drainage swales that discharge to a ditched and drained waterway along Douglas Trail that was formerly a meandering perennial streams before the construction of the railroad grade in the late 1800's. Glacial till and alluvium underlay the deep soils on the site. The glacial deposits fill a buried bedrock valley where depth to bedrock exceeds 100 feet over the entire site and bedrock is not encountered at a depth of over 200 feet on the east half of the property 3.5 Land Use and Zoning The site, upon annexation, will come into the City as R-1 (mixed use residential) zoned property which will permit the use of the site for single family detached housing. There will not be a need to change the land use. 3.6 Utilities 3.6.1 Sanitary Sewer A 12 " sanitary sewer is currently located on the west side of 50`h Avenue NW opposite 57`h Street NW. This sanitary line will be extended northerly along 50th Avenue to serve Ripley. Sewer is also available in 6151 Street NW and is deep enough to service this site. MCGHIE & BETTS. INC. General Development Plan For Ripley Property Page 5 3.6.2 Watermain There is an existing 12" watermain on the west side of 50'h Avenue NW opposite 571h Street NW. This main will be extended through Weatherstone and into the Ripley site. 3.6.3 Storm Sewer No storm sewer system exists. Surface drainage is either directed to the ditch of 501h Avenue NW and south to culverts under 50" Avenue near 571h Street which empty into the detention basins of White Oaks or the surface runoff flows southerly across Weatherstone to the drainageway along the Douglas Trail. 3.6.4 Access Currently, access from the site is by private driveway to 501h Avenue NW. The GDP proposes several public roadways throughout the development and two will intersect with 50" Avenue NW. 4.0 PROPOSED GENERAL DEVELOPMENT PLAN 4.1 Project Description and Scope The attached GDP (Exhibit C) shows conceptually the proposed street pattern, parkland, detention basin and open space area, access to the adjoining roadway system, and the general lot pattern for Phase I. All of the site will be used for single family detached housing with appropriate densities as shown on the plan. 4.2 Access/Traffic Circulation MGGHIE & BETTS. INC. General Development Plan For Ripley Property Paae 6 There are several public road access points to 651" Street and 501" Avenue NW. Access to these two roadways shall be limited to public streets only. The multiple access points will prevent local streets from being over capacity. One roadway along the south property line is proposed to be shared between this site and Weatherstone. There are ample numbers of roadway connections to the adjoining roadways to provide a more even distribution of traffic. The east -west roadway through the middle of the site will be classified and function as a major local street. This roadway will be designed to accommodate traffic from future development to the west. The spacing of access roadways to 65`" Street NW and 50`" Avenue NW has been designed to accommodate turn lanes. 4.3 Pedestrian Circulation The plan proposes a trail connection from the public parkland area located in the central part of the site to the public parkland, open space, and trail connection to the Douglas Trail in Weatherstone. A 5' wide sidewalk is planned along the west side of 50`" Avenue NW. Sidewalks will also be constructed in the public street right of way. The right of way with the major local street is sufficient to accommodate pedestrian traffic or walkways. MCGHIE & BETTS. INC. General Development Plan For Riolev Property Paoe 7 4.4 Storm Water Management Storm water detention is proposed on -site to contain the increase in the ten- year (Q10) and 100 year (Q100) on a post development basis. There are two detention ponds planned and they are located on either side of wetland 'B' in the south central part of the site. Each pond will treat drainage from approximately 50 acres of developed area of the site. The pond west of Wetland 'B' would capture the drainage from the northwest part of the site. The pond east of Wetland 'B' would capture the drainage from the northeast part of the site. Some drainage from the far east part of the site would be piped to the 501h Avenue NW ditch and flow south. The developer would pay the stormwater management fee for this part. The two detention ponds are not intended to act as a regional facility. 4.5 Utilities 4.5.1 Sanitary Sewer Public sanitary sewer will be extended from either 571h Street or 615t Street NW to the site or will be extended from sewer in Weatherstone. All of the sanitary sewer is proposed to be gravity flow. The minimum diameter of the pipe shall be 8". 4.5.2 Watermain This site will be served with the high level water system. The high level system is necessary to serve access over the 1100 elevation. Connection to the inplace 12" watermain will occur at 57th Street or 61't Street NW. MCGHIE & BETTS. INC. General Development Plan Far Ripley Property Page 8 4.1.3 Storm Sewer System As previously stated, the site will contain two detention basin to detain the increase in runoff from the Q,o and Q,00 streams. Storm sewer pipe will be used to connect the surface runoff and direct it to the detention basin. Approximately 13 acres of the eastern part of the site does not drain towards the ponds and the run-off will be directed to the 50"' Avenue NW ditch. The developer intends to pay the stormwater management fee for this part. Temporary and permanent sedimentation basins will be constructed. 4.1.4 Electrical service Electrical service will be provided by Rochester Public Utilities. Service to this site will be from the lines to service Weatherstone. The electrical service within the subdivision will be underground. 4A.5 Natural Gas Service Currently there is a high-pressure gasmain in 571h Street NW in the White Oaks Development. This line will be extended to serve Weatherstone. This main could be extended in 50"' Avenue NW to serve the Ripley site. 4.2 Floodplain The site does not contain any regulatory flooding or 100-year flood boundary. MCGHIE & BETTS. INC. General Development Plan For Ripley Property Pape 9 4.3 Parkland The site contains an 8 acre park in the south central portion of the site. There are multiple access points to the park. As previously stated, there will be a pedestrian trail system to connect this park to the public park in Weatherstone. 4.4 Well Abandonment/Demolition The farmstead and out buildings will need to be demolished when Phase II is constructed. All existing private wells must be properly abandoned in accordance with the County and State regulations. 4.5 Phasing The project will be completed in 5 — 6 phases. The first phase is indicated on the plan. The timing of the future phases has yet to be determined. 5.0 ENVIRONMENTAL REVIEW PROCESS The Minnesota Environmental Quality Board, through the Minnesota Policy Act, establishes criteria and thresholds for mandatory Environmental Assessment Worksheets (EAW). Based on the Minnesota Environmental Quality Board's Environmental Review Program, there is a requirement for a mandatory EAW for phased or cumulative activities that convert 80 acres or more of agricultural land to a more intense use. It is our understanding that an EAW must be accepted by the City (RGU) prior to approval of the final plat. MCGHIE & BETTS, INC. General Development Plan For Ripley Property. Page 90 6.0 CRITERIA FOR APPROVAL OF GENERAL DEVELOPMENT PLAN In approving a General Development Plan, the Commission and Council will review the plan for compliance with the criteria for approval listed in Section 61.215 which became effective May 15, 1999. The seven (7) criteria are listed below and are followed by our responses as to compliance: Criteria A: The proposed land uses are generally in accord with the adopted Comprehensive Plan and Zoning Map, or that the means for reconciling any differences have been addressed. A GDP may be processed simultaneously with a rezoning or plan amendment request. This property lies beyond the boundaries of the Rochester Urban Service Area Land Use Plan. However, it is a part of the 25 year Urban Service Area for the City on the 1995 Olmsted County Land Use Plan. Land use designation for this site would be low density residential which makes the proposed project compatible with the land use. A land use plan amendment and zone change will not be necessary. Criteria 6: The proposed development, including its lot sizes, density, access and circulation are compatible with the existing and/or permissible future use of adjacent property. The density of the development as proposed is consistent with a low density residential land use in the R-1 zoning district. MCGHIE & BETTS. INC. General Development Plan For Ripley Property Page 11 The proposed vehicular circulation system provides for a major local street, multiple access points to the perimeter road system, access to the adjacent undeveloped land, and connections to proposed roadways in Weatherstone. A pedestrian trail system is proposed to connect public parkland in the Ripley site with the public parkland in Weatherstone and to the Douglas Trail. Criteria C: The mix of housing is consistent with adopted Land Use and Housing Plans. The development is a low density residential housing project that will have a variety of housing styles. The density and style of housing is consistent with the Land Use and Housing Plans. Criteria D: The proposed plan makes provisions for planned capital improvements and streets reflected in the City of Rochester's current 6-year Capital Improvement Program, adopted Thoroughfare Plan, the ROCOG Long -Range Transportation Plan, Official Maps, and any other public facilities plans adopted by the City. Street system improvements required to accommodate proposed land uses and projected background traffic are compatible with the existing uses and uses shown in the adopted Land Use Plan for the subject and adjacent properties. Street system improvements in this area will include the upgrading of 50"' Avenue NW north of 5"' Street NW. The developers of White Oaks have already paid a substantial street contribution fee toward the upgrading of 507" avenue NW and the developers of Weatherstone have petitioned the MCGHIE & BETTS. INC. General Development Plan For Rioley Property Paoe 12 City for improvements to 5dh Avenue NW The developers of the Weatherstone project will also pay the substandard road contribution fee as will the developers of the Ripley project. This is a unique situation in that most of the adjacent property owners along 501" Avenue NW are currently interested in developing and paying their respective share of the cost to upgrade 5e Avenue NW. It was discussed with the Weatherstone project that development along this corridor be limited so that traffic volumes on 50t" Avenue NW does not exceed 3,000 vehicular trips per day until it is reconstructed. As previously indicated, the development of the Ripley site will be phased. Criteria E: On and off -site public facilities are adequate, or will be adequate if the development is phased in, to serve the properties under consideration and will provide access to adjoining land in a manner that will allow development of those adjoining lands in accord with this ordinance. 1. Street system adequacy shall be based on the street system's ability to safely accommodate trips from existing and planned land uses on the existing and proposed street system without creating safety hazards, generating auto stacking that blocks driveways or intersections, or disrupting traffic flow on any street, as identified in the traffic impact report, if required by Section 61.523(c). Capacity from improvements in the first 3 years of the 6-year CIP shall be included in the assessment of adequacy. Currently, 5e Avenue NW can handle a maximum of 3, 000 vehicular trips per day. Development along this corridor will exceed this current capacity and, therefore, 50`h Avenue NW will have to be upgraded to a collector road. Substantial street fees will pay a portion of this cost. MCGHIE & BETTS, INC. General Development Plan For Ripley Property Pace 13 it will be necessary to phase the development along this corridor so that 50'h Avenue does not exceed 3,000 vehicular trips per day until it is reconstructed. Utilities are now available to directly serve the area of the proposed land use, or that the City of Rochester is planning for the extension of utilities to serve the area of the proposed development and such utilities are in the first three years of the City's current 6-Year Capital Improvements Program, or that other arrangements (contractual, development agreement, performance bond, etc.) have been made to ensure that adequate utilities will be available concurrently with development. If needed utilities will not be available concurrent with the proposed development, the applicant fort he development approval shall stipulate to a condition that no development will occur and no further development permit will be issued until concurrency has been evidenced. Utilities are available to serve this development. Sanitary sewer and watermain are in place in 50`" Avenue NW and in the future will be available in Weatherstone. 1. The adequacy of other public facilities shall be based on the level of service standards in Section 64.130 and the proposed phasing plan for development. There are adequate public utilities available to the site. The public utilities, streets, and storm water management facilities within the site shall be sized in accordance with the standard requirements of the City. An 8 acre public park is planned for this site. This will be of adequate size to serve the entire Ripley site. Criteria F: The drainage, erosion, and construction in the area can be handled through normal engineering and construction practices, or that at the time of land subdivision, a more MCGHIE & BETTS, INC. General Development Plan For Riolev Prooertv Page 14 detailed investigation of these matters will be provided to solve unusual problems that have been identified. The design of the storm water facilities, erosion control, and sedimentation basins will be designed in accordance with the standard requirements of the City of Rochester. Grading and drainage plans shall be submitted to the City for each phase of the project. Criteria G: The lot, block, and street layout for all development and the lot density for residential development are consistent with the subdivision design standards contained in Section 64.100 and compatible with existing and planned development of adjacent parcels. The density, lot pattern, and street layout are consistent with the standards for R-1 zoning and are compatible with the surrounding area. Roadway connections are planned to extend to the adjoining properties. MCGHIE & BETTS, INC. t4 -4� - P"A.. -tz -iN Cl 9F (AUV-11-1'JL-"d 11: cl CCNb"L)U' : Hzbu'-. c.- coo iail r..a Ja IFBENSHU017 & ASSOCIATEo, INC. TRANSPORTATION ENGINEERS AND PLANNERS 10417 EXCELSIOR GOULEVARD, BUTTE TWO / NOP10N9, MN 66343 / (812) 238-1 ae7 / FAX (612) 238-1671 November 11, 1999 refer to file: 99-101 MEMORANDUM TO: William Tointon, McGhie & Betts, Inc. FROM: Edward F. Terhaar RE: Traffic Analysis for Proposed Residential Development on Ripley Property PURPOSE This memorandum presents the results of our traffic analysis for the proposed residential development on the Ripley property in Rochester, MN. The proposed site is located in the southwest quadrant of the 65" Street NW/50" Avenue NW intersection. The items of particular interest that are examined in this document are: • The impacts of the proposed development at the intersection of T.H. 52/65' Street NW • The traffic volume increases expected on 65° Street NW This report supplements the analyses presented in our November 5, 1999 report for the Weatherstone development. BACKGROUND Pro22scd Dcvclo mcnt Characteristics The development is currently proposed to consist of 393 single family dwelling units. Access will be provided via three locations on 65" Street NW and two locations on V Avenue NW. For the purposes of this report, we have assumed that all of the development will be in place by 2003, which is a very aggressive construction schedule and therefore represents a conservatively high traffic generation estimate. Mr. William Tointon -2- November 11, 1999 Current Conditions To date, the majority of the residential development has occurred south of the Ripley property. Large residential developments have been constructed east of 5V Avenue NW north of 55° Street. There currently are three main residential neighborhoods in the area: one located immediately cast of 50' Avenue NW at 570 Street NW, one in the southeast quadrant of the 50' Avenue NW/55" Street NW intersection, and one located just west of the southwest quadrant of the 50" Avenue NW/55'° Street NW intersection. Other areas around the proposed site currently consist mainly of open land. Roadway Characteristics The roadway of concern for this development is 65'h Street NW. 65th Street is a local township street that extends west from T.H. 52. it is a two lane roadway without shoulders. 65th Street intersects T.H. 52 at grade and is controlled by stop signs. Recently, this intersection was converted from full access to right tutus only. Aligned opposite 65th Street east of T.H. 52 is Bandcl Road. Bandel Road changes alignment to north and south, forming an east frontage road along T.H. 52 from 65th Street southward past 55th Street. Other Developments Several changes are expected to take place in the future that will increase traffic in the surrounding area. Approximately I,012 single family traits and 558 townhouse units are expected to be completed in the area by 2003. The placement of these new units can be divided into ten areas. The numbers are as follows: • 112 single family units in White Oaks • 177 single family units in north North Park • 41 single family units in cast North Park • 58 single family units in west North Park • 100 single family units west of Orchard Ridge • 220 single family units in Orchard Ridge • 150 single family units west of 50th Avenue NW and north of 55'h Street NW • 110 single family units west of 300 Avenue NW and south of 55'h Street NW • 44 single family units in the Seeger property, located south of the Douglas Trail, north of 55'h Street, and west of 501° Avenue • 558 townhouse units and a 4,000 square foot day care center in the Weatherstone development, located north of the Douglas Trail and west of 50 h Avenue The amount of development assumed to occur by 2003 is aggressive and therefore, from a traffic analysis standpoint, is conservatively high. Mr. William Tointon -3- November 11, 1999 TRAFFIC FORECASTS Trio Generation Trip generation rates for the proposed development scenarios were estimated using information published by the Institute of Transportation Engineers (ITE). The trip generation numbers are presented in terms of trip ends. This represents one trip either into a development or one trip out of a development. Therefore, one vehicle that enters and exits a development would be counted as two trip ends. The trip generation for the proposed development is presented in Table 1 below. All the trips to and from this development are expected to be new trips. Table 1 Trip Generation for the Proposed Development Land Use Size Daily T--riv Ends AM Peak Hour Trio Ends In Trip Ends Out[Trip PM Peak Hour Ends In Trip Ends Out Single amil 393 units 3,761 74 221 1 254 143 Trip Distribution For the trips generated by the residential development on the Ripley property, an estimation of directional distribution was based upon previous studies done in this area. With this base, the percentages were adjusted to reflect the changes to the 65t° Street NW access at T.H. 52. The expected trip generation percentages for the development on the Ripley property are as follows: • 2.5 percent to/from the west on 65'n Street 7.5 percent from the cast on 65`h Street • 45.5 percent to the east on 65`h Street • 75 percent from the east on 55'h Street 9 37 percent to the east on 55i° Street • 15 percent to/from the south on 50te Avenue For each of the other residential developments, these percentages were adjusted depending on the location of the development relative to 55 a or 65`h Streets. The percentages for each scenario were applied to the trips generated by the proposed development to determine the volume increases for each intersection during each time period- I'U'V-11-17y7 ♦a ct SEIJSHuuV A HSSUC. 612 27A 1671 P.05/oe Mr. William Tointon -4- November 11, 1999 Traffic Volumes The intersection traffic volumes for the T.H. 52/65 ° Street NW were developed for three scenarios: 1999 Existing levels, 2003 No Build, and 2003 Post Development. Forecasts were developed for the a.m. and p.m. peak hours for all scenarios. The volumes at the intersection are based on counts conducted for a previous project in the area. These counts were adjusted to account for development that has occurred since they were recorded. The 2003 No Build scenario accounts for increases in traffic due to the specific developments in the general area described earlier. With no other development currently being planned, no other background traffic was assumed. Using the generation rates established by ITE, the traffic from each development was estimated and distributed according to the percentages mentioned above. Adding this to the existing counts resulted in 2003 No Build turn movements during both the a.m. and p.m. peak hours_ The traffic expected from the proposed development was added to the 2003 No Build counts to produce 2003 Post Development traffic volumes. The resultant a.m. and p.m. peak hour traffic volumes for each of the intersections are shown in Tables 2 and 3, respectively. Table 2 Weekday A-M. Peak Hour Volumes at T.H. 52165" Street NW Intersection Northbound Southbound I estbound Eastbound Left Thru ight Left I Thru IRight I Left I Thru I Right I Left I That I Right T.H.52/65 St 1999 Existing n/a 619 18 n/a 1327 9 n/a n/a 13 n/a Wit 27 2003 No Build n/a 681 IS n/a 1460 33 n/a n/a 13 n/a n/a 186 2003 Post Development n/a 681 18 n/a 1460 38 n/a n/a 13 n/a n/a 286 NIA _ N... A—U—M. �r- Table 3 Weekday P.M. Peak Hour Volumes at T.H. 52/65t° Street NW Intersection Northbound Southbound Westbound Eastbound Left Thru Right Left iThruiRight Left I Thru I Risht Left Thru Right T.H. 52165 St 1999 Existing n/a 1541 6 n/a 921 1 n/a n/a 23 n/a n/a 31 2003 No Build n/a 1695 6 n/a 1013 78 n/a n/a 23 n/a n/a I43 2003 Post Development n/a 1695 6 n/a 1013 97 n/a n/a 23 n/a n/a 208 NIA- Net Anlisle P Nuv-11-17T7 11: da SENSHUur � HeSuC. bid cat] lb'l I -Ubl OCJ Mr. William Tointon 5_ November 11, 1999 TRAFFIC ANALYSIS The T.H. 52/65`s Street intersection was analyzed to determine the effect of the proposed development on traffic operations. In order to better understand how the intersection operates from an overall traffic capacity standpoint, capacity analyses were performed using the methodology presented in the Highway Capacity Manual. A capacity analysis is a way to determine how well or poorly an intersection is operating. Capacity analysis results are presented in terms of level of service, which ranges from A to F. Level of service A represents the best intersection operation, with very little delay for each vehicle using the intersection. Level of service F represents the worst intersection operation, with excessive delay. Weekday AM Peak Hour Using existing volumes, geometries, stop control and right turn only access, all movements at the intersection of T.H. 52/65a' Street NW operate at a level of service C or better during the weekday a.m, peak hour. With existing geometries and stop control, the eastbound right turn movement drops to level of service D under 2003 No Build conditions during the a.m. peak hour. All other movements operate at level of service B or better. Under 2003 Post Development conditions with existing geometries and stop control, the eastbound right turn movement drops to level of service F. All other movements remain at level of service B or better. Table 4 Level of Service Results for A.M. Peak Hour T.H. 52/04 Street minor leg stop control Scenario Eastbound ripht turn Westbound right turn 1999 Exist'Existina C B 2003 No Build D B 2003 Post -Development F B Wimkda.X PM Peak Hour Using existing volumes, geometries, stop control, and right turn only access, all movements at the intersection operate at a level of service C or better during the weekday p.m. peak hour. With existing geometries and stop control, all movements at the intersection continue to operate at a level of service C or better during the weekday pm. peak hour under both the 2003 No Build and 2003 build. NUV-11-1�99 11:G3 Mr. William Tointon nEFISHOUF a HSSUC. 612 e38 1671 P.07/08 November 11, 1999 Table 5 Level of Service Results for P.M. Peak Hour T.H. 52/651h Street (Minor lop stnn rnntrnh Scenario Easthound right turn Westbound ri t turn 1999 Existin B C 2003 No Build T C C 2003 Post -Development I C C As described above, the eastbound right turn movement is expected to experience increased delay, especially during the am. peak hour. The increased delay is due to the expected increase in the eastbound right turn volume, combined with the heavy southbound through movement in the am. peak hour. Delays for the eastbound right tum are lower during the pm. peak hour, mainly due to the lower southbound through volume during that time period. The attractiveness of the eastbound right turn movement will continue to increase as congestion builds on 550' Street west of West Circle Drive. Some motorists may find it easier to use 65'h Street to access southbound T.H. 52 instead of 55 h Street. Volumes will also continue to increase as land north and west of 650' Street and 50`b Avenue develops. Weekday Daily Tra`f it Volumes For the weekday daily traffic volumes, the volumes on 65'h Street NW were examined to determine the expected increase in traffic due to the proposed development. Existing volumes on 65`hStrcct immediately west of T.H. 52 were estimated based on the p.m. peak hour count data These volumes were adjusted to account for the right turn access change recently implemented at T.H. 52. The traffic volume on 65'h Street NW immediately west of T.H. 52 is estimated at 400 vehicles per day, Using trip generation information published by M, the traffic for the proposed development and the other developments in the area was estimated The distribution used for the a.m. and p.m. peak hours was used to determine the amount of traffic in this location. Table 6 shows the expected daily counts for all scenarios. Table 6 Weekday Daily Volumes for 6510 Street NW Immediately West of T.H. 5Z Scenario Total Daily Volume 1999 Existia 400 2003 No Build 2,290 2003 Past Deveio meet 31130 ruv-11-1999 11=24 SENSHOOF c PSSOC. e12 238 1671 P.08"O8 Mr. William Tainton .7. November 11, 1999 As shown, daily volumes on 65t° Street will increase if all of the development used in this report occurs by the year 2003. The 2003 Post Development volumes is slightly higher than the asstuned capacity of 3,000 vehicles per day for a major local street. The volumes and operation of this street should be monitored to determined if and when improvements become necessary. CONCLUSIONS Based upon the analyses presented in this report, we have developed the following conclusions: • The 393 single family dwelling units assumed to be in place by 2003 are expected to generate 3,761 daily trip ends, 295 trip ends during the weekday am. peak hour, and 397 trip ends during the weekday p.m. peak hour. During the weekday am. peak hour, all movements at the intersection of T.H. 521650 Street NW operate at a level of service C or better under 1999 Existing conditions. Under the 2003 No Build conditions, the eastbound right turn falls to level of service D with existing stop control. Under 2003 Post Development conditions, the eastbound right turn falls to level of service F with existing stop control. • During the weekday p.m. peak hour, all movements at the intersection of T.ii_ 52165 Street NW operate at a level of service C or better with 1999 Existing characteristics. Under the 2003 No Build and Post Development scenarios, all movement continue to operate at level of service C or better. • The attractiveness of the eastbound right turn movement will continue to increase as congestion builds on 55tb Street west of West Circle Drive. Some motorists may find it easier to use 65 h Street to access southbound T.H. 52 instead of 551, Street. Volumes will also continue to increase as land north and west of 65t° Street and 50ta Avenue develops. Daily volumes on 65 h Street will increase if all of the development used in this report occurs by the year 2003. The 2003 Post Development volumes is slightly higher than the assumed capacity of 3,000 vehicles per day for a major local street. The volumes and operation of this street should be monitored to determined if and when improvements become necessary. TOTAL P.08 e� �E j�'�%�;��;� f .fzj tl { McGhie Betts, Inc. Consulting Engineers i — Land Surveyors Planners 1648 Third Avenue S.E., Rochester, MN 55904 507-289-3919 Fax 507-289-7333 1604 Riverview Lane, Northfield, MN 55057 507-645-0964 Fax 507-645-2842 February 21, 2000 Mr. Brent Svenby Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 RE: Ripley Property Dear Mr. Svenby: In accordance with Section 5 (B) of the amended zoning ordinance, we are submitting on behalf of the applicant,Development, a copy of the minutes of the Neighborhood Informational Meeting, which was held on February 15, 2000, 6:30 P.M. at the Christ Community Church in Rochester, Minnesota. An attendance list is also enclosed for your reference. It is noted that the minutes generally document the discussion, comments and questions. However, because of the nature if this project, we have attempted to document all of the questions and comments of the attendees. If you have any questions, please call me. Very truly yours, McGhie & Betts, Inc. avv&0i `Y1itaF� Andrew J. Masterpole, ASLA AJM/bed Attachment PC Harvey Ratzloff Joel Bigelow Wayne Brehmer K. M. McGhie, PE. LS, 1904-1975 William E. Tolnton, CET, President James E. Swanson, LS, Vice President David L. Morrill, PE, Vice President Douglas N. Seas, PE. LS, Vice President Andrew J. Masterpole, ASLA Larry J. Shannon, LS Michael E. Gowm, PE, LS Mark E. Sevenson, LS Daniel J. Zemke, PE Gregory R. Bond, PE Minutes of the Neighborhood Informational Meeting for Ripley Property in Section 7 of Cascade Township, Rochester, Minnesota m February 15, 2000, 6:30 P.M. at Christ Community Church In Attendance: See attached list. Purpose: The purpose of the meeting was to introduce the proposed project to the neighborhood and to answer questions and document concerns or issues that may need further investigation or consideration. General Discussion: Mr. Andy Masterpole of McGhie & Betts, Inc., and Harvey Ratzloff of BBB Development, LLC, made a brief presentation on the proposed project. The presenters explained the types of housing; density; public parkland space and trail system; wetlands; storm water management; vehicular and pedestrian circulation; phasing; and sale price ranges of the homes. The development process was also reviewed and it was noted that the developer has made an application for a General Development Plan. Specific plats and plans will be completed on a phase -by -phase basis and submitted to the City for review and approval. Attendees were informed that public hearings are scheduled at'the Planning and Zoning Commission on February 23, 2000, and at the Common Council on March 20. 2000. It was noted that the City Planning and Zoning staff and City Clerk would be responsible to notify the affected neighbors of these meetings in accordance with the Land Development Manual and Zoning Ordinance. Question/Comments by Attendees: Q 1: Where will the construction traffic go? A 1: It will probably come up 5V' Ave. NW and enter the development from the shared access with Weatherstone or the next access north of that - whichever is built first. Q 2: Will there be a traffic light at 50`h Ave. & 55`h St.? A 2: That decision is up to the City Public Works Department. It is likely there will be one there if this area develops as planned. Q 3: Have we studied the grades along the north property line in relation- ship to existing 65'h SO A 3: A preliminary grading plan will be prepared by McGhie & Betts, Inc., and reviewed by City Public Works. Q 4: How are the wetlands defined? Can you fill them? A 4: The wetlands are defined by determining: 1) if the soils are hydric. 2) if the area is wet (above grade or below grade to 12") part or all of the year. 3) if the vegetation growing is adapted to wet conditions. They can be filled, but must be replaced at a 2:1 ratio. Q 5: What is the size of the park? How much is usable park area? A 5: The park has approximately 6 acres of usable park area. It is a part of a much larger open space corridor consisting of wetlands and storm water detention ponds. Q 6: Will there be a parking lot in the park? A 6: That will be determined by the Park Department. Q 7: Who pays for park design/amenities? A 7: The developer is responsible to pay for the park in either the form of donating land or paying cash. The developer is doing both on this project and the fees would be used for the park amenities. Q 8: What would the price of homes be in this subdivision? A 8: There would be two different price ranges: 1) $160,000 to Golfview price range 2) $175,000 to $200,000 Q 9: How were the access points determined along 50th Ave. ? A 9: McGhie & Betts, Inc. worked with the Public Works and Transportation Planning staff to determine the best location for access to 50`h Ave. They generally like to see a 600' separation between access points along a collector or aerial road. There was a general discussion of the Weatherstone project and it's relationship to the Ripley property. Harvey Ratzloff also reviewed the Kingsbury General Development Plan with the neighbors. ATTENDANCE ROLL NEIGHBORHOOD INFORMATION MEETING RIPLEY PROPERTY DEVELOPMENT FEBRUARY 15, 2000 AT 6:30 P.M. AT CHRIST COMMUNITY CHURCH ROCHESTER, MINNESOTA NAME ADDRESS PHONE NO./FAX NO. NV d U e N o ao a � 2. �y/D &5 t S7` 3. 4 y 4�{ 9 T• IPEsr. ENE hNS D GAeo'voco .2 790 5. .-'j Nei 6413;c Rs 57i$ 4A-A;: -45TE '� t3iLL 06A- PCC14ES T EQ =8q 6. Jr 7d, 7 6 �Y r f . - 1/✓ r-e- 12( r 7. n �i G tss- sv�� �� zPY-G 79— s. Llu j t- ku-j ( Av-L I - W O S 9. D r ,`ate zzL gr�- O-N-J- Z�vvf 10. 11. 12. 13. 14. 15. 16. REQUEST FOR COUNCIL ACTION MEETING DATE: -20-00 AGENDA SECTION: ORIGINATING DEPT: NO. PILBLIC HEA LNGS PLA2'NING W I 1EP4RE ITEM DESCRIPTION: General Development Plan #144 by BBB Development, LLC to be ARED BY:known as Ripley Property. The plan proposes to develop 122 acres with single family ent Svenbv,detached homes. The development would be served with new public roadways and wouldPlanner j include a public park. The property is located west of 501h Avenue NW and south of 651h Street NW. March 14, 2000 "Since the funding for improvements to 50`h Avenue NW have not been determined and the conditions placed on the adjacent GDP, staff would recommend the adding the following condition or, of this GDP is contingent upon 50" Avenue NW north of 55"' Street NW being upgraded to an Arterial standar Prior to approval for any development activity on this property, there shall be a commitment by the affected pates to improve 50 Avenue N& to aamAftemaLstandar9 City Planning and Zoning Commission Recommendation: On February 23, 2000 the City Planning and Zoning Commission reviewed this General Development Plan. Andy Masterpole, McGhie & Betts, Inc., addressed the Commission. He explained the development and indicated they were in agreement with the conditions. He also indicated that they are working with the DNR to determine if wetland A is a calcareous fen and more information should be known in a couple of weeks. Neighbors had concerns with the amount of traffic that all of the proposed developments in the area will bring to area. T` 3 Commission reviewed this proposal according to the criteria listed in Paragraph 61.215 of the Zoning Ordinance and id Development Manual. Mr. Burke made a motion to approve General Development Plan #144, to be known as Ripley Property, with staff• suggested findings and conditions. Ms. McGowan seconded the motion. The motion carried 4-3, with Mr. Werven, Mr. Staver, and Ms. Petersson voting nay. Conditions: 1. Storm water management must be provided for this development. Any ponds serving 50 developable acres or less will remain private and a declaration for long term private maintenance and ownership will be required, as well as, easements to the City to allow maintenance and repairs. All facilities must be constructed concurrent with development. 2. When platted, controlled access6 must be provided along the entire length of 50'h Avenue NW and 65'h Street NW, except for the street accesses that are approved on the GDP. In addition, 60 feet of right-of-way shall be dedicated for both 501' Avenue Wand 65'h Street NW. 3. Right and/or left turn lanes will be required for all entrances along 50'h Avenue NW and 651h Street NW 4. The development must be phased so that 50'h enue NW, north of 57S e�et NW, does not exceed approximately 3,000 average daily trips before it isvpgreded. A contribution will be required for the reconstruction of 50'h Ave. NW and 65'h St. NW. The City is currently considering a Traffic Improvement District in this area for improving 50'h Ave. NW and 65f" St. NW and establishing the developers proportional share of the cost. COUNCIL ACTION: Motion by: A=L second by: to: w/y Page RCA t_l )�j� March 14, 2000 i 5. The northerly most roadway connection to 50t° Avenue is shown to straddle two properties. Wha11 this is platted, partial dedication of the right-of-way will not be acceptable. The plat will either need to be signed by multiple property owners or the roadway will need to be shifted entirely on the Ripley property. 6. The applicant shall enter into a Development Agreement with the City that outlines the obligations of the applicant relating to, but not limited to, storm water management; park dedication; traffic improvements; pedestrian facilities; and contributions for public infrastructure, including contribution obligations toward traffic improvements in the area attributable to the development. A Wet/and Replacement Plan will be required for any wetland filling. The land upstream from wetland A must not be platted until the MN DNR has determined if the wetland is a calcareous fen. If it is a calcareous fen, the GDP Will need to be revised to accommodate a calcareous fen management plan if needed.-.. 8. The roadway connection to the northeast corner serving the two properties and adjacent roadway will need to be coordinated with staff and the developer to provide access through the best intersection geometrics at a future design stage utilizing review of site lines, grade of approaches, and sound engineering practices as the criteria. 9. At the time of platting, easements shall be provided for all needed off -site public utilities, including easements for the public street shown connecting to 50`h Ave. NW at the far southeast corner of the development. 10. Parkland dedication requirements shall be met through a combination of land and cash. 11. The property shall be investigated for the possibility of flood plain soils. Nigh water elevations will need to be addressed at the time grading and drainage plans are developed. 12. A revised GDP shall be filed with the Planning Department reflecting all required modifications, including identifying pedestrians facilities along the west side of 50'h Avenue NW and the south side of 65t' Street NW, and the proposed phasing of the development. 13. Staff may recommend additional conditions when the GOP is heard at the Council. Planning Staff Recommendation: See attached staff report dated February 18, 2000. Council Action Needed: 1. The Council may approve, approve with conditions, or deny the general development plan. The Council must make findings based on the criteria listed in Paragraph 61.215. ,, 2. If the Council wishes to proceed with the general development plan as proposed, it should instruct the City Attorney to prepare a resolution for Council approval. Attachments: 1. Staff Report dated February 18, 2000 2. Minutes of February 23, 2000 CPZC Meeting TO 02,0 j Minnesota Department of Natural Resources 2300 Silver Creek Road NE Rochester, lvfN 55906 (507)285-7421 March 9, 2000 Mr. Jeff Broberg, Vice President McGhie & Betts Environmental Services 1648 3r° Avenue Southeast Rochester, MN 55904 Dear Mr. Broberg: RE: RIPLEY PROPERTY WETLAND, FEBRUARY 22, 2000, MEETING WITH DNR The DNR appreciates the data you presented at the February 22 meeting of McGhie & Betts staff with DNR staff knowledgeable about fens. Upon further review of the information on the subject wetland, it has been determined a decision about whether the subject wetland is or is not a calcareous fen will not be able to be made until additional vegetation information from the site is available. Such vegetation information may not be available until June 1 or after. While pH and conductivity water chemistry characteristics of water samples taken from the site are within the range, which would characterize the site as a calcareous fen, other parameters suggested the contrary. Because of this uncertainty, the DNR staff believes that a judgment can't be made until the type of vegetation at the site can be determined. The DNR staff recognizes, as you pointed out at our February 22 meeting, that time is money and that the longer it takes to complete a plan for development the more the development will cost. Therefore, as Regional Environmental Assessment Ecologist Don Nelson suggested in his January 12, 2000, letter, consideration could be given to developing the property down gradient from the subject wet area as development in this area would not impact the wetland in question. If at this time the developer of the Ripley property wishes to proceed with development of all the property, then it's recommended a development plan be prepared which avoids any impact to the subject wetland. If impact to the wetland can't be avoided, and the developer still wants to proceed with development of all the property, then a management plan should be developed in accordance with the "Calcareous Fen Management Planning Guidance" document by the Department of Natural Resources, Division of Waters (of which you have been furnished a copy) with emphasis on the information requirements spelled out in Section V, "Calcareous Fen Management Plan DNR Information: 651-296-6157 • 1-888-646-6367 0 TTY:651-296-5484 • 1-800-657.3929 An Equal Opportunity Employer Printed 00 R Who Values Diver i[ 0eeY Paper Containing a VA Mr. Jeff Broberg, Vice President McGhie & Betts Environmental Services March 9, 2000 Page Two Components," of said document. Any development plan and calcareous fen management plan should be submitted to me at this office to initiate review and the appropriate Commissioner's approval process. At the February 22 meeting, it became apparent that there could possibly be a number of calcareous fens in the Rochester area and even southeast Minnesota. Consistent with the Commissioner of Natural Resources responsibility regarding calcareous fens the Department in coordination with local units of government as well as landowners and developers is committed to make the review and approval process associated with calcareous fen protection as efficient as possible. To conclude, we will let you know when DNR staff are able to visit the site to inspect the vegetation and will likely seek your help in gaining access to the property. Don't hesitate to contact me if you have any further questions about this matter. Very truL ours, )JAMES F. CO PER Regional Hydrologist DNR Waters JFC(dsl c: Steve Colvin Don Nelson Welby Smith Ery Berglund Jeanette Leete Bob Bezek H: UAMbmb@Mj&OI, wp} f TO: FROM: DATE: RE: City Planning and Zoning Commission Brent Svenby, Planner February 18, 2000 J..KO':NESTE R.,c203 f Ha' • J ORi TEO•A L'GC55'S'� ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 ADMINISTRATION/ 507/285-8232 PLANNING GIS/ADDRESSING! 5071285-8232 MAPPING HOUSING''HRA 507/285-8224 BUILDING CODE 507/285-8213 wELL'SEPTIC 5071285-8345 FAX 507/287-2275 General Development Plan #144 to be known as Ripley Property Planning Department Review: Applicant: Consultants: BBB Development, Inc. PO Box 247 Byron, MN 55920 McGhie 8 Betts, Inc 1648 Third Avenue SE Rochester, MN 55904 Size and Location: The area includes approximately 122 acres of land located south of 65'" Street NW, west of 50tb Avenue NW. The property is located just north of the W eatherstone GDP. Existing Land Use: The site is presently undeveloped. Proposed Use: The applicant is proposing to develop the area with single family detached homes. The GDP also includes a wetland/park corridor through the site and storm water detention ponds. Land Use Plan: This property is beyond the boundaries of the Rochester Urban Service Area Land Use Plan. It is, however, within the 25-year Urban Service Area for the City of Rochester on the Olmsted County Future Land Use Plan Map. Land Use Designations within this area are considered to be "Low Density residential". Zoning: The property is currently zoned A-3 (Agricultural) on the Olmsted County Zoning Map. The applicant has filed an annexation petition on 38.35 of the 122 acres. The annexation has been approved and the property �� AN EOUAL OPPORTUNRY/AFFIRMATIVE ACTION EMPLOYER i V "v q Page 2 General Development Plan February 18, 2000 is zoned R-1 (Mixed Single Family). Streets: The plan proposes two accesses to 50`h Avenue NW. Both of the accesses line up with the proposed accesses on the Graves GDP. The northern most access is shown half on the adjacent property. Coordination with the property owner will need to be worked out at the time of platting. Three public road accesses are provided to 651h Avenue NW. The development also provides accesses consistent with the Weatherstone GDP. Possible accesses are also shown to the property to the west. Sidewalks: Sidewalk will be required along both sides of all public roadways. A 5' sidewalk will be required along the west side of 50h Avenue and a 10' path along the south side of 651h Street NW. The developer is proposing a pedestrian trail system through the wetland/parkland corridor. The pedestrian trail will connect up the trail system in the Weatherstone. Drainage: The General Development Plan identifies existing topography. The property generally drains to the south through the existing wetland corridor. The plan proposes two storm water detention ponds in the south central portion of the property. According to the Olmsted County Zoning Map, flood plain soils existing on the property. These soils will need to be investigated and the grading and drainage plans will need to address the high water elevations. Detailed grading and drainage plans will be required when the property is platted or developed. Wetlands: Minnesota Statutes now require that all developments be reviewed for the presence of wetlands or hydric soils. According to the Olmsted County Soil Survey, hydric soils exist on the property. The GDP does show wetland areas and a wetland delineation has been completed for the property. A replacement plan will be required to be filed on any wetland filling that is proposed. The replacement plan will need to show how drainage affects the wetlands. There is a possibility that the wetland labeled A is a calcareous fen. The Minnesota Department of Natural Resources will determine this spring if it is a calcareous fen. If it is, a calcareous fen management plan will need to be developed for the site. This may change the layout of the GDP in that area. Public Utilities: Sanitary sewer and water lines will need to be extended from their present ends in 50th Avenue NW to accommodate this development. Parkland Dedication: The park and recreation department recommends Page 3 /f 45 General Development Plan Q�V February 18, 2000 that the parkland dedication requirements for this development be met through a combination of cash and land. Environmental Review: In accordance with Minnesota Rules, 4410.4300 subp. 36, the proposed development of this property will require preparation of a Mandatory Environmental Assessment Worksheet since it consist of the conversion of 80 or more acres of agricultural land to a more intensive land use, i.e. residential development. Referral Comments: 1. Rochester Public Works 2. Planning Dept. Transportation Division 3. John Harford, Planning Dept. & Wetlands LGU 4. Olmsted County SW CD 5. RPU Water Division 6. Park and Recreation Department 7. Fire Department 8. RPU Operations Division 9. Planning Department Addressing Division 10. MnDOT Report Attachments: 1. Location Map 2. Reduced Copy of General Development Plan Maps 3. Referral Comments (7) 4. Proposed General Development Plan Narrative 5. MN DNR Letter Summary: This GDP includes approximately 122 acres of land to be developed with low density residential development. Roadway connections are shown to 50i° Avenue NW and 650 Street NW. Both of these roadways will need to be upgraded to collector or arterial street standards. Currently 500 Avenue is designed to carry approximatelt3,000 vehicle per day. With the proposed developments along 50"' Avenue, from 55 Street to 65th Street, phasing of the developments to limit a total of 3,000 trips on 50"' Avenue is necessary until 50`" Avenue is reconstructed to provide additional capacity, There is a possibility that Wetland A is a calcareous fen. The Minnesota Department of Natural Resources will evaluate the site once sufficient vegetation is available in the spring. If this wetland is found be a calcareous fen, a calcareous fen management plan would need to be developed for the site. According to the Olmsted County Zoning Map, flood plain soils existing on the property. These soils will need to be investigated and the grading and drainage plans will need to address the high water elevations. A trail system is proposed within the wetland/park corridor that will be eligible for some Parkland Dedication credits. A 5' sidewalk will be required along the west side of 50"Avenue NW and a 10' trail along the south side of 65"' Street NW. The GDP will need to be revised to identify these trails. oq� / Page a General Development Plan February 15, 2000 Staff Suggested Findings and Recommendation: Paragraph 61.215 of the Rochester Zoning Ordinance and Land Development Manual lists the criteria for approval of a general development plan (see attached section from the newly adopted regulations, which became affective May 15, 1999). Criteria A. The proposed land uses are generally in accord with the adopted Comprehensive Plan and zoning map, or that the means for reconciling any differences have been addressed. A GDP may be processed simultaneously with a rezoning or plan amendment request. This property is beyond the boundaries of the Rochester Urban Service Area Land Use Plan. It is however, within the 25-year Urban Service Area for the City of Rochester on the Olmsted County Future Land Use Plan Map. Land use designations within this area are considered to be "Low Density Residential" Criteria B. The proposed development, including its lot sizes, density, access and circulation are compatible with the existing and/or permissible future use of adjacent property. The density of the proposed development is consistent with a low density residential land use designation and the R-f zoning district. The proposed vehicular systems provide for the connection to adjacent properties. A 10' trail will be required along the south side of 650 Street NW and a 5'sidewalk along the west side of 50f8 Avenue NW The GDP will need to be revised to identify these trails. Criteria C. The mix of housing is consistent with adopted Land Use and Housing Plans. The development density is consistent with a low density residential land use designation of the Land Use Plan and is generally consistent with the Housing Plan by providing different densities and styles of housing. Criteria D. The proposed plan makes provisions for planned capital improvements and streets reflected in the City of Rochester's current 6-Year Capital Improvement Program, adopted Thoroughfare Plan, the ROCOG Long -Range Transportation Plan, Official Maps, and any other public facilities plans adopted by the City. Street system improvements required to accommodate proposed land uses and projected background traffic are compatible with the existing uses and uses shown in the adopted Land Use Plan for the subject and adjacent properties. Street system improvements within the immediate area which may be needed to accommodate the proposed land use and projected background traffic include upgrading 5d° Avenue NW, from 5e' St. NW to 65f° St. NW, to a arterial roadway and the eventual upgrading of 65" Street to a collector roadway. Funding for these projects will need to be determined, since they are not reflected in the current 6-year C1P or other plans. it will be necessary to limit development along the corridor so that 5d° Avenue NW does not exceed approximately 3,000 vehicles per day until the roadway is reconstructed. Adequate right of way will need to be provided along 5e Avenue and 6e Street to provide for the future upgrading of these corridors to collector or arterial street standards. The City is considering the establishment of a Transportation Improvement District in this area for improving 50'° Avenue and 65" Street. Page 5 Or} General Development Plan February 18, 2000 The Long Range Bicycle Plan identifies Neighborhood Connector trails along 5e Avenue and 65'" Street. The GDP will need to be revised to identify a 5'sidewalk along 56° Avenue and a 10' pedestrian trail along 65m Street. Criteria E. On and off -site public facilities are adequate, or will be adequate if the development is phased in, to serve the properties under consideration and will provide access to adjoining lard in a manner that will allow development of those adjoining lands in accord with this ordinance. Street system adequacy shall be based on the street system's ability to safely accommodate trips from existing and planned land uses on the existing and proposed street system without creating safety hazards, generating auto stacking that blocks driveways or intersections, or disrupting traffic flow on any street, as identified in the traffic impact report, if required by Section 61.523(C). Capacity from improvements in the first 3 years of the 6-year CIP shall be included in the assessment of adequacy. It will be necessary to limit (phase development along the 5e Avenue NW corridor so that traffic volumes on 50` Avenue do need exceed 3,000 vehicles per day until it is reconstructed. 500 Avenue is currently designated as a local residential street and has a capacity of approximately 3,000 vehicles per day. Development along this corridor, including this proposal development, will exceed the capacity of the existing roadway. Adequate right of way will need to be provided along 55'" Avenue and 650 Street to provide for the future upgrading of these corridors to collector or arterial street standards. The City is considering the establishment of a Transportation Improvement District in this area for improving 50t° Avenue and 65° Street. 2. Utilities are now available to directly serve the area of the proposed land use, or that the City of Rochester is planning for the extension of utilities to serve the area of the proposed development and such utilities are in the first three years of the City's current 6-Year Capital Improvements Program, or that other arrangements (contractual, development agreement, performance bond, etc.) have been made to ensure that adequate utilities will be available concurrently with development. If needed utilities will not be available concurrent with the proposed development, the applicant for the development approval shall stipulate to a condition that no development will occur and no further development permit will be issued until concurrency has been evidenced. Utilities will need to be extended to serve this development. Water and sewer are available within 500 Avenue NW and in the future will be available in Weatherstone. 3. The adequacy of other public facilities shall be based on the level of service standards in Section 64.130 and the proposed phasing plan for development. The GDP proposes storm water detention ponds on the property. The location, size and design of these facilities will need to be approved by the City. According to the Olmsted County Zoning Map, flood plain soils existing on the property. These soils will need to be investigated and the grading and drainage plans will need to address high water elevations. Page / General Development Plan February 18, 2000 The Long Range Bicycle Plan identifies Neighborhood Connector trails along 5d" Avenue and 6e Street. The GDP will need to be revised to identify a 5'sidewalk along 500 Avenue and a 10' pedestrian trail along 6f Street. The proposed 6.06 acre park area will meet a portion of the parkland dedication requirements. The remainder of the parkland dedication requirements will be cash in lieu of land and/or credits toward the dedication requirements by grading and constructing the internal trail system. Criteria F. The drainage, erosion, and construction in the area can be handled through normal engineering and construction practices, or that, at the time of land subdivision, a more detailed investigation of these matters will be provided to solve unusual problems that have been identified. Detailed grading and drainage plans will need to be submitted to the City for review and approval. The design and placement of storm water ponds within this development will need to be consistent with what the City has identified for a regional facility. According to the Olmsted County Zoning Map, flood plain soils exist on the property. These soils will need to be investigated and the grading and drainage plans will need to address high water elevations Criteria G. The lot, block, and street layout for all development and the lot density for residential development are consistent with the subdivision design standards contained in Section 64.100 and compatible with existing and planned development of adjacent parcels. Proposed roadways provide connections to adjacent properties and allow for the continued growth and development of those properties. The proposed connection to the properties and roadways in the northeast comer will need to be reviewed in the future utilizing review of site lines, grade of approaches and sound engineering practices as the criteria. The proposed densities are compatible with existing and planned development of adjacent properties. Recommendation: Based on the above criteria Staff would recommend approval of this General Development Plan subject to the following conditions or modifications in order to assure compliance with the Rochester Zoning Ordinance and Land Development Manual: 1. Storm water management must be provided for this development. Any ponds serving 50 developable acres or toss will remain private and a declaration for long term private maintenance and ownership will be required, as well as, easements to the City to allow maintenance and repairs. Alf facilities must be constructed concurrent with development. 2. When platted, controlled access must be provided along the entire length of 50" Avenue NW and 65`" Street NW, except for the street accesses that are approved on the GDP. In addition, 60 feet of right of way shall be dedicated for both 5e Avenue NW and 65"" Street NW. 3. Right and/or left turn lanes will be required for all entrances along 50'" Avenue NW and 65' Street NW. Page 7 D� General Development Plan February 18, 2000 4. The development must be phased so that 50'" Avenue NW, north of 55`" Street NW, does not exceed approximately 3,000 average daily trips before it is upgraded. A contribution will be required for the reconstruction of 50`° Ave. NW and 650 St. NW. The City is currently considering a Traffic Improvement District in this area for improving 50'" Ave. NW and 6e St. NW and establishing the developers proportional share of the cost. 5. The northerly most roadway connection to 50'" Avenue is shown to straddle two properties. When this is platted, partial dedication of the right of way will not be acceptable. The plat will either need to be signed by multiple property owners or the roadway will need to be shifted entirely on the Ripley property. 6. The applicant shall enter into a Development Agreement with the City that outlines the obligations of the applicant relating to, but not limited to; storm water management; park dedication; "Me improvements, pedestrian facilities; contributions for public infrastructure, including contribution obligations toward traffic improvements in the area attributable to the development. 7. A Wetland Replacement Plan will be required for any wetland filling. The land upstream from wetland A must not be platted until the MN DNR has determined if the wetland is a calcareous fen. if it is a calcareous fen, the GDP will need to be revised to accommodate a calcareous fen management plan if needed. 8. The roadway connection to the northeast comer serving the two properties and adjacent roadway will need to be coordinated with staff and the developer to provide access through the best intersection geometries at a future design stage utilizing review of site lines, grade of approaches and sound engineering practices as the criteria. 8. At the time of platting, easements shall be provided for ail needed off site ublic utilities, including easements for the public street shown connecting to W' Ave. NW at the far southeast corner of the development. 10. Parkland dedication requirements shall be met through a combination of land and cash. 11. The property shall be investigated for the possibility of flood plain soils. High water elevations will need to be addressed at the time grading and drainage plans are developed. 1Z A revised GDP shall be riled with the Panning Department reflecting all required modifications, including identifying pedestrians facilities along the west side of 5e Avenue NW and the south side of 65'" Street NW and the proposed phasing of the development. 13. Staff may recommend additional conditions when the GDP is heard at the Council. �(o TRANSPORTATION STAFF DEVELOPMENT APPLICATIONS REVIEW DATABASE - 1998 Jurisdiction Anntication r,.............. median opening is important to the success of the development , to consider the trip generation characteristics of the uses that will go into this commercial are and to limit the overall intensity of trip generation from the commercial at order to insure that the capacity of the intersection to handle left Cumin affic to i and from 26" St will not be exceeded over the long term. If future a ent or delay/congestion problems develop at the intersection, the likely ution to be considered would be closure of the median to limit left turns of the site onto westbound Circle Drive. The establishment of a trip generation cap or limit ca a handled through a development agreement. Similar restrictions have en applied in development agreements for proposed commercial develop along the East Frontage Rd of 52. There are two possible avenues open the applicant that can be followed in er to complete the necessary analysi ark to determine if a trip generation cap n to be established and what th otal trip generation level should be: 1. On Itemative would be the developer to have a Traffic Impact Repo ompleted that uld investigate the capacity issues related to the intersec n of 26" S nd East Circle Drive. If the developer desires to have a f lat a development agreement inplace within a two to three month time this would be the preferred avenue to pursue. 2. A second ems a available would be to participate in and await the results a traffic ineering study that Olmsted County has contracted for t repare an ove I Traffic and Access Management Plan for East a est Circle Drive. a goal of this plan is to develop a plan for traffic gement improvemen (addressing issues of future signal location and spacing, median treatme including potential closures, local road system connections, and possib trip generation limits in certain development areas) that will pe the corridor to operate at average speeds of 4045 MPH with reasons progression and signal cycle lengths. Preliminary project organizat and data collection for the projection has been started already. We ect the consultant to begin their work in earnest in March. It is anticip d to be a five to six month project given the scope of the corridor begin s ied. If the applicant is willing to await the results from tudy before a final development agreement is adopted, this is an option ava ble. It is possible under this approach that one or two initial uses co be considered for development in the interim period if they were traffic generators such as an office or business service use. City GDP 144 The proposed development layout appears to be consistent with the parameters we Ripley have established for access locations along 50" Ave and 65" St in our discussions with this developer and other property development interests along the corridor. Adequate right of way will need to be provided along both 50" Ave and 65' St to provide for the future upgrading of these corridors to collector or arterial street standards. At the time of platting the dedication of access control will be expected along all private lots fronting on 50" Ave or 65" St. Both corridors are also identified for trail development on the Long Range Bicycle Plan. This trail will be developed as part of the reconstruction of these corridors. Financing the upgrading of 50" Ave and 65" St is an issue that is under study and affects not only this development but others along the corridors as well. Amon 4� TRANSPORTATION STAFF �t t DEVELOPMENT APPLICATIONS REVIEW DATABASE - 1998 Ju the concepts being looked at is the ability to use Tax Increment Funding from a portion of the Weatherstone development, adjustments to the substandard street fee, and city seeking federal an&'or state funds to support the upgrading. Until these issues are resolved, traffic volumes on 50ih Ave should be limited to approximately 3000 vehicles per day, which is the capacity standard for a major local street. This may require development of a phasing plan to reduce the immediate impact to 50t° Ave prior to the time the reconstruction project is comitleted. Cond Use 00-2 No comment Willow Creek f Course City P No comment Roscoe's City Fin Plat 99-8 ent Spruce Meadows City Prel Plat 00.4 No comment Orchard Hills 4 City Pre] Plat 00-3 No comment Emerald Hills Second City Prel Plat 00-2 a final plat documents should retlect dedica of access control along Viola Cent Hill Rd and Century Hills Drive To es 3 City 00-2 No comment Payne Cc Ci Annex 00-5 No comment Payne Co �&� ROCHESTER Minnesota 2rt a/0o TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur *REVISED 2/14/00* DEPARTMENT OF PUBLIC WORKS 201 40 Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the revised application for Revised General Development Plan #144 on the BBB Development. LLC (Ripley) property. The following are the Public Works comments on the proposal: Note: New comments are shown in bold. Storm Water Management must be addressed for this development. Detention facilities that serve 50 or fewer acres will remain private, and a Declaration for long term private maintenance and ownership will be required, as well as, easements to the City to allow maintenance and repairs. A regional storm water basin is identified in the City's plan at the south and west side's of the development. Facilities must be constructed concurrent with development. 2. Controlled access must be provided along the entire length of 500 Ave NW & 65`' St NW, with the exception of the street accesses that are approved on the GDP. 3. Bus stop locations will be determined based on the final approved site layout. 4. Right or left turn lanes will be required for all entrance off of 50th Ave NW, and 65th St NW. 5. The right-of-way dedicated for 50th Ave NW shall be 60 feet wide. C:STEMPSG DP 1"ReQ-00, doc ROCHESTER C�43 Minnesota 2/ t 4/ 00 TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DEPARTMENT OF PUBLIC WORKS 2010 Street SE Room 108 Rochester, MN 55904.3740 507-287.7800 FAX — 507-281-6216 The capacity of 50"' Ave NW is limited to 3000 trips. No additional trips shall be allowed until 50`h Ave NW is reconstructed to provide additional capacity. The City is considering the establishment of a Transportation Improvement District in this area for improving 501h Ave NW & 65h' St NW, and establishing the developers proportional share of the cost to reconstruct and add capacity to 50th Ave NW & 65th St NW. Pedestrian facilities shall be constructed concurrent with this development, consistent with City Standards, along both sides of all new public roadways, and along the south side of 65°i St NW and the west side of 50th Ave NW. 8. Easements shall be provided for all needed off site public utilities, including easements for the public street shown connecting to 50`h Ave NW at the far southeast comer of the development. 9: Routing of sanitary sewer lines will be reviewed further in the platting stages. 10. Execution of a City / Owner Contract will be required prior to construction of public infrastructure. 11. The deed dedicating the parkland to the city should include the two accesses that are shown on the revised GDP plan. 12.The north / south street in Phase 1 should have 56 feet of ROW instead of 50 feet as shown on the plan. 13.The 10 foot bituminous trail needs to extend to the trail facility planned on 65th St NW, as opposed to terminating at the proposed internal street as shown on the plan. CATEMPNGDP 144Rev2-00.doc �� ROCHESTER Minnesota 2/14/00 TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DEPARTMENT OF PUBLIC WORKS 201 4' Street SE Room 108 Rochester, MN 55904.3740 507-287.7800 FAX — 507-281-6216 14. The GDP shall show how the Kerwin property will connect to the public street system to avoid additional accesses to 50th Ave NW or 65th St NW. The following charges/fees are applicable for the development of the property (rates are subject to annual review and change: Sanitary Sewer Availability Charge (SAC) @ $1605.50 per dev. acre. :• Water Availability Charge (WAC) @ $1605.50 per developable acre. •:• Traffic Signs as determined by the City of Rochester Traffic Division. :• Storm Water Management Fee for regional participation (participation at City's discretion) of $1983.50 per acre, for all areas of the development where on -site detention is not provided. •:• A proportional share of the cost of reconstructing 50`h Ave NW and 650 St NW Q: TEMP1GOP144Rev2-00.doc DATE: TO: SUBJECT: C�( 5 ROCHESTER PARK AND RECREATION DEPARTMENT MEMORANDUM February 17, 2000 Suzanne LaPalm Planning GDP #99-144 Ripley Property 'REVISED FEB 15'00" The 122 acre proposed development will have a parkland dedication requirement of approximately 9.0 acres. The exact dedication determination will be made as the number of dwelling units is known. Dedication to be in the form of a combination of land and cash in lieu of land. The areas designated as wetland and those designated as wetland replacement area should not be considered as meeting any of the dedication requirement. The linear corridor of land located southerly and easterly of the central wetland area should not be considered as meeting any portion of the dedication requirement. This area is separated from the useable portion of the park site by the wetland area and sized such that no practical neighborhood park use can occur on the property. The proposed 6.06 acre park area shown on this lastest revision will meet dedication standards and provide the majority of the dedication requirement The trail corridor leading from the Weatherstone Development to the south should also qualify as meeting a portion of the dedication requirement. The applicant should be extended cash in lieu credits toward the dedication requirement by grading and constructing the internal trail system. At a minimum the applicant should be required to accommodate the internal trail system in the project grading plan. \\CITY OF ROCHESTER\CITYHA6L\PARK\OSTOTO\I000\OEDICATIONVM 2396\RI?L '. 3DP.DOC we p<edfe, we deliver February 4, 2000 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: REVISED: General Development Plan #99-144 by BBB Development, LLC to be known as the Ripley Property GDP. Dear Ms. LaPalm: Our review of the referenced general development plan is complete and our comments follow: 1. The property may be subject to the water availability fee, connection fees or assessments. The Land Development Manager (507-281-6198) at the Public Works Department determines the applicability of these fees. 2. This property is within the Northwest High Level Service Area, which is currently available at 6 1 " St. NW east of 50`h Ave. NW in White Oaks, but will be available to this property with the completion of the White Oaks Fourth Subdivision and the planned Weatherstone development. Preliminary computer modeling indicates adequate pressures and fire flows will be available through this area with the proper networking of the system. 3. Water mains in cul-de-sacs will need to be looped to prevent dead -ends and water mains will need to be stubbed out in a few locations to serve adjoining properties. We will work with the applicant's engineering firm to develop the necessary water system layout to serve this and adjoining areas. Please contact us at 507-280-1600 if you have questions. Very truly yours, 0644-I RLL Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention McGhie & Betts, Inc. BBB Development, LLC Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 o4'*7 , Application Number: J[(4 SSS+>Et No hydric soils exist on the site based on the Soil Survey Hydric soils exist on the site according to the Soil Survey. The property owner is responsible for identifying wetlands on the property and / submitting the information as part of this application. _✓ A wetland delineation has been carried out for the property and is on file with the Planning Department A wetland delineation is on file with the Planning Department and a No - loss, Exemption, or Replacement Plan has been submitted to the Planning Department. A wetland related application has been approved by the City. This plan incorporates the approved wetland plan. No hydric soils exist on the property based on the Soil Survey. However, due to the location in the landscape the property owner should examine the site for wetlands. The property owner is responsible for identifying wetlands. From John Harford Wetlands LGU Representative Oimstel-SWCD ID:507-280-2158 E9 14'00 14:29 v:.:'^3 .32 OLMSTED SOIL AND WATER CONSERVATION DISTRICT M I N N ESOTA L_qL__] SOIL A140 WATER CONSERVATION February 14, 2000 Olmsted County planning Attention: 9u2aane Lapahn 2122 Campus Drive Sl3 Rochester, MN 55904 Attention: Suzanne Lapalm DISTRICTS Re: Revised GDP #99-144 by 13BB Development known as Ripley property Refer to our comments dated December 7, 1999. T485 IndW1191 Drive NW ROOM 102 ROW198rer, Mlnneeote 55p01 (607) 280-2850 The revised development plan dated February 1, 2000 shows street and road changes to avoid the wetland areas. The street just north of wetland "A" could be a concern because it is located very close and may be a problem If you have any questions please call 280-2850. Sincerely, �i Floyd Whitaker Project Coordinator F W/dm cc: David Kramer, Rochester Public Works AN EQUAL OPPORTUNITY EMPLOYER OLMSTED SOIL AND WATER CONSERVATION DISTRICT 1485 Industrial Dive NW Room 102 Rochester. Minnesota 55901 (507) 280-2850 MINNESOTA SOIL AND WATER CONSERVATION DISTRICTS December 7, 1999 Olmsted County Planning Attention: John Harford 2122 Campus Drive SE Rochester, MN 55904 Attention: John Harford Re: GDP #99-144 by BBB Development, LLC The Olmsted S WCD reviewed the above -mentioned GDP. Due to the irregular topography and steep slopes, which range from 2 to 18% erosion and runoff control measures must be installed and maintained during all phases of grading. We assume the applicant will participate in the City Storm Water Plan however temporary storm water treatment/sediment ponds will be needed on uplands to prevent impacts to downstream properties. Several wetland areas are located on this property. The wetland located northwest of the farmstead has several springs which keep this area saturated and is unsuitable for a building site therefore this area should be designated as an outlot or parkland. We recommend avoidance of all wetlands to the extent possible as outlined in the WCA rules. The Olmsted SWCD may have additional comments when preliminary plat and grading plans are available for review. Floyd Whitaker District Technician FW/dm cc: David Kramer, Rochester Public Works MINUTES OF THE CITY OF ROCHESTER PLANNING COMMISSION 2122 CAMPUS DRIVE SE ROCHES MN 55904 Minutes of\ebruary heduled me of the City Planning and Zoning Commission held on Wedne23, 2000, .00 p.m. in Room 104 of City Hall, 201 4th Street SE, Rochester,Members m Su hair; Ms. Mary Petersson, Vice Chair; Mr. Gerry Werven; Mr. Randy StaMcG an; Mr. Michael Quinn; Mr. James Burke Members Absent: Mr. ArdWrede; Ms. Christine Schultze Staff Present: Ms. SuzajFe Lamm; Mr. Brent Svenby '11t Staff Pres : Mr. Mar ker, Public Works ISTRATIVE SINESS: Ms. McGn made a motion to apprdkthe minutes of February 9, 2000. Mr. Stave econded the motion. The m tes from February 9, 2000 were ap ved unanimously. Ms. Pet�son made a motion to approve the a da with no changes. Mr. Sta seconded the motion. The motion ca d unanimously. CONTINUED ITEMS: General Development Plan #99-144 by BBB Development LLC to be known as the Ripley Mr. Svenby presented the staff report, dated February 18, 2000, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department, Mr. Svenby presented a drawing of the GDP and reviewed the location. He explained that the property consists of 122 acres to be developed for single-family detached housing. He reviewed the wetland corridor, storm water detention, and the trail system. Mr. Svenby explained access, and pointed out the property is zoned A-3 in the County, with a small portion in the City, which is zoned R-1. He stated the applicant is proposing to fill some of the wetlands, which will require approval of a replacement plan. The replacement will be done at a 2:1 ratio. He noted that wetland A is possibly a calcareous fen and the DNR will be checking into that once the ground thaws, probably in late May. if the wetland is a calcareous fen, the Page 2 City Planning and Zoning Commission Minutes Heann¢ Date: February 23. 2000 aa� applicant will need to do a Fen Management Plan, which is quite detailed. Mr. Svenby explained that calcareous fens are rare in Olmsted County. He referred to letter from Don Nelson of the DNR, which states he feels the project can move forward, but the area surrounding that wetland shouldn't be developed until it is determined if it is a fen and determined where the recharge area for that wetland is located. He reviewed the parkland. Mr. Svenby explained that this property, along with the other proposed GDPs in the area, has a condition attached to it that the developments be limited to a maximum of 3000 trips per day (total trips generated by all developments) along 50a' Avenue NW until the upgrading of the roadway occurs. He referred to the staff -suggested findings and stated that staff recommends approval with the 13 conditions listed on pages 34 and 35 of the packet. Gregory Kerwin, 6405 50" Avenue NW, asked about the roadway on the south end of his property. Mr. Svenby explained that the GDP shows the developers' concept of how they want to develop the property, and that roadway location was a recommendation of the City Engineer. He noted there is a condition that when they plat, the property owner needs to be in agreement with the roadway or the road will need to be shifted to the south in order to be totally on the applicants' land. Representing the applicants, Andy Masterpole, McGhie & Betts, Inc., addressed the Commission. He explained the development will contain 360 lots and noted that only the first phase of lots is shown on the plan. He stated the density will be approximately 3 units per acre. Mr. Masterpole commented that several revisions to the GDP have been made since it was originally submitted and those revisions were in response to input from public agencies, specifically in response to issues regarding 50" Avenue NW and 65"' Street NW. He pointed out that they are trying to work together on the developments in that area for access points. He commented that wetland A is potentially a calcareous fen, which is a calcium -rich ground water discharge area that could be the home of rare plant species. Mr. Masterpole explained that they have had a difficult time determining if this is a calcareous fen, and the DNR has told them they will make the determination within two weeks. He stated that if it is a fen, they will have to increase the buffer and do a Fen Management Plan. He noted there is an EAW for this development that is currently being completed. Mr. Masterpole reviewed the accesses to 50" Avenue, 65`" Street, and adjacent future developments. He explained that the wetland system ties into the Weatherstone development and the parks are connected by a trail. He pointed out the storm water management areas and reviewed the criteria, which he stated are met. Mr. Masterpole explained that they would have to have an agreement with the property owner for the road shown on the Kerwin property, or they would have to move it to the south. He indicated they are in agreement with the conditions and he noted that a neighborhood meeting was held. Mr. Masterpole made himself available for questions. Ms. Petersson referred to the development's distance from an existing fire station and asked what is planned to ensure public safety. She mentioned pending State legislation, which would require sprinkler systems in residences that are a certain distance from a fire station. Mr. Masterpole explained that the 41" Street fire station would serve this area, and the applicants will be working with the Water Department to have adequate pressure for hydrants. He stated he was not aware of legislation regarding sprinkling requirements. Pal Page 3 City Planning and Zoning Commission Minutes Hearing Dace: February 23. 2000 Ms. Petersson asked about schools for this area. Mr. Masterpole doesn't know what the plans are for schools, but he did read an article that showed the need is there for a school on the other side of Highway 52. Mr. Svenby explained that the School District owns some land on the east side of Highway 52, and they receive notice of all applications the Planning Department receives, although the Department usually receives no comments from them. Ms. Petersson mentioned a ground water study that Terry Lee had referred to that deals with recharge to our water supply. She stated she is very nervous about approving any type of development in an area that is potentially very sensitive. She commented that a calcareous fen is rare and can be the home to up to six endangered plan species, which cannot be replaced. She noted that in a fen, the water comes from below and the recharge area could be miles away. Ms. Petersson pointed out that a development that uses fertilizer could have an adverse impact on a calcareous fen, and she feels they need to be very aware of the possible impacts. Mr. Masterpole stated it is unlikely there are rare plants because the land has been farmed and pesticides have been used. He noted that we won't know if it is a fen for a couple more weeks, but it will have an impact on the surrounding area if it is, and the DNR is working on it currently. Mr. Quinn pointed out that a letter from the DNR states that the entire development doesn't need to be delayed until a determination is made, and he noted there is a condition that addresses the issue if it does turn out to be a calcareous fen. Mr. Masterpole commented that the ONR doesn't look at the fact that the land has been farmed or had pesticides used on it when they make the determination. Ms. Petersson stated that it can be restored to its natural state if it is a calcareous fen. Mr. Masterpole explained that if it is a fen, they will have to do a Fen Management Plan, which is quite detailed. Ms. Petersson asked why there are so many conditions on this development. Mr. Svenby explained that they are conditions that were needed. Neil Busacker, 5521 651" Street NW, addressed the Commission. He stated he received notification of the other meetings for developments in the area, but wasn't notified of the neighborhood meeting and is concerned. He is also concerned about the traffic that will be generated by the new developments. He suggested a recommendation to Kalmar and Cascade Townships that they upgrade some of the other roads that could be used to access these developments. Gregory Kerwin, 6405 50"' Avenue NW, readdressed the Commission. He asked if he could be annexed into the City and asked where he could go with questions about the roadway being reconstructed. Page 4 City Planning and Zotune Commission Minutes Hearing Date: February 23, 2000 aa3 ' Mr. Svenby explained that Public Works is still looking at the roadway design, but that questions could be addressed to either Mike Nigbur or Mark Baker at the City Public Works Department. He told Mr. Kerwin that if he wishes to have his property annexed into the City, he could discuss this with the Planning Department. Mr. Svenby noted the property will be designated for low - density residential development on the Land Use Plan. Lori Maidl, 6222 50u'Avenue NW, addressed the Commission. She lives adjacent to the Graves property that will be developed across 50'" Avenue from the Ripley GDP, and she would like the road that will cross 50'h Avenue to connect the Graves and Ripley properties to be moved to the south because the road would be only 27 feet from the front of her house. Mr. Quinn pointed out that roadway would be on her property, so if she doesn't agree to it, the roadway cannot be constructed. Ms. Maid[ expressed concerns about annexation and the costs that would be involved in owning 12 acres in the City. She stated she would be more comfortable with the road being further from the house. Ms. Maids also is concerned about the traffic on 50`" Avenue NW. Mr. Svenby explained that there is a condition placed on each of the developments along the 50`" Avenue NW corridor that allows a 3000-trips-per-day threshold (total trips generated from all developments) before development has to stop until the roadway is upgraded. Ms. Maid] stated she is concerned about the volume and type of traffic. Ms. Petersson asked where the traffic will go during the road upgrade construction. Mr. Svenby stated the road will still be open to traffic during the upgrade. Ms. Petersson asked if the Commission can make a recommendation to the Council that they really move the upgrade along. Mr. Svenby stated that can be included in the recommendation. He explained that the City is currently exploring funding sources. He noted that the location of the road Ms. Maidl referred to as being too close to her home was determined by Public Works and Planning based on the spacing requirements. He did not think the spacing requirements would allow the road being moved to the south. Ms. Maid[ stated she was told that the reason the road on the graves property road was located as such was because the road on the Ripley property was directly across 50'" Avenue. Mr. Svenby explained that the accesses to the entire 501' Avenue corridor were determined by spacing requirements. Ms. Maidl commented that she still has a hard time with the fact that this doesn't take into consideration the distance the road will be from her house. Mr. Sulk explained that she will have to reach an agreement with the developer before that road can be constructed, and if an agreement is not reached, there will be no road. Wqa e 5 City Planning and Zoning Commission Minutes Hearing Date: February 23, 2000 Mr. Burke noted it could be a T-intersection. Ms. Maid[ stated she has been told the road could be moved to the south. Mr. Masterpole noted he has tried to talk with Charlie Reiter of the Transportation Division about whether they could be flexible and possibly move the road 10' to the south. He hasn't yet been able to connect with Mr. Reiter to discuss it. Mr. Suk ask that he discuss this and address it before the GDP goes to the Council. Mr. Kerwin readdressed the Commission and stated he is concerned that his two driveways on 50`h Avenue will not meet the spacing requirements. Mr. Svenby explained that Public Works issues driveway access permits, but if they are existing driveways, he thinks they will be allowed to remain. Patt Kerwin, 6405 50'h Avenue NW, addressed the Commission. She states she has animals, including horses, and she will be surrounded by the City. She asked if she has to sell her animals. Mr. Suk told her she will not have to sell her animals or move, but sooner or later she will be surrounded by the City limits. Ms. Kerwin stated the animals would have to go through an awful lot with all the construction, and she would just be stuck. Bill Oswald, 5718 Lancaster Place NW, representing the Northwest Neighbors Association, addressed the Commission. He stated they feel a 9 acre park would be best. He asked that the Commission recommend the upgrades to 501" Avenue be initiated soon. He asked about schools and how they would check into the adequacy of school space for the new developments. Ms. Petersson suggested he contact the School Board. With no others wishing to speak, Mr. Suk closed the public hearing. Mr. Svenby pointed out that the neighborhood meeting was not a requirement, but was held voluntarily by the developer. Mr. Werven asked for clarification on the size of the park. Mr. Svenby explained that after Denny Stolz reviewed the revised layout of the GDP, he recommended parkland dedication of approximately 9 acres, including 6 acres of land and 3 acres cash in lieu of land. The 6 acre park ties in with the park on the Weatherstone development. Mr. Suk commented that the applicant is agreeable to the conditions and it appears there is a strong feeling that a recommendation ought to be made to the City Council that the 50`" Avenue NW upgrade be expedited. Page 6 City Planning and Zoning, Commission Minutes Hearing Date: February 23, 2000 aas' Mr. Burke moved to approve General Development Plan #144, to be known as the Ripley Property, with staff -suggested findings and conditions. Ms. McGowan seconded the motion. Ms. Petersson stated she will vote against this because of the possible calcareous fen area. and she feels they should wait for the DNR findings. Mr. Suk asked whether she feels condition number 7 would address her concern. Ms. Petersson answered no. Mr. Slaver commented that he is concerned that the development in that area is outpacing the infrastructure and may cause public safety problems. He noted that the City is struggling to find funding for things that need upgrading. Mr. Burke asked Mr. Svenby to explained what the time frame for the 50a' Avenue upgrade would be once it is formally approved. Mr. Svenby deferred the question to Mr. Baker. Mark Baker explained that he hasn't heard a time line, but it is one of the highest priority areas for the City at this time. He stated that when the upgrade would begin and how much of Win Avenue NW would be included have not yet been determined, but the area from 55t" Street to 65'" Street NW is the highest priority. Mr. Burke asked if it could be as long as two or three years before the upgrading is complete. Mr. Baker stated that is possible. Mr. Svenby pointed out that the current design of 50th Avenue can accommodate 3000 trips per day. Ms. Petersson commented that she would like to see Terry Lee's ground water studies before more development is initiated in this area. The motion carried 4-3, with Mr. Werven, Mr. Slaver, and Ms. Petersson voting nay. Conditions: 1. Storm water management must be provided for this development. Any ponds serving 50 developable acres or less will remain private and a declaration for long term private maintenance and ownership will be required, as well as, easements to the City to allow maintenance and repairs. All facilities must be constructed concurrent with development. 2. When platted, controlled access must be provided along the entire length of 5e Avenue NW and 6e Street NW, except for the street accesses that are approved on i aee City Planning and Zoning Commission Minutes Hearing Date: February 23.. 1-000 the GDP. In addition, 60 feet of right-of-way shall be dedicated for both 50'h Avenue NW and 65'h Street NW. 3. Right andlor left turn lanes will be required for all entrances along 501h Avenue NW and 65'h Street NW. d. The development must be phased so that 50'h Avenue NW, north of 55" Street NW, does not exceed approximately 3,000 average daily trips before it is upgraded. A contribution will be required for the reconstruction of Se Ave. NW and 65'h St. NW. The City is currently considering a Traffic improvement District in this area for improving 500' Ave. NW and 65'h St. NW and establishing the developers proportional share of the cost. 5. The northerly most roadway connection to 50`h Avenue is shown to straddle two properties. When this is platted, partial dedication of the right-of-way will not be acceptable. The plat will either need to be signed by multiple property owners or the roadway will need to be shifted entirely on the Ripley property. 6. The applicant shall enter into a Development Agreement with the City that outlines the obligations of the applicant relating to, but not limited to, storm water management; park dedication; traffic improvements; pedestrian facilities; and contributions for public infrastructure, including contribution obligations toward traffic improvements in the area attributable to the development. 7. A Wetland Replacement Plan will be required for any wetland filling. The land upstream from wetland A must not be platted until the MN DNR has determined if the wetland is a calcareous fen. If it is a calcareous fen, the GDP will need to be revised to accommodate a calcareous fen management plan if needed. 8. The roadway connection to the northeast corner serving the two properties and adjacent roadway will need to be coordinated with staff and the developer to provide access through the best intersection geometrics at a future design stage utilizing review of site lines, grade of approaches, and sound engineering practices as the criteria. 9. At the time of platting, easements shall be provided for all needed of( -site public utilities, including easements for the public street shown connecting to 501" Ave. NW at the far southeast corner of the development 10. Parkland dedication requirements shall be met through a combination of land and cash. 11. The property shall be investigated for the possibility of flood plain soils. High water elevations will need to be addressed at the time grading and drainage plans are developed. 1Z A revised GDP shall be filed with the Planning Department reflecting all required modifications, including identifying pedestrians facilities along the west side of 50'" Page 8 City Planning and Zoning Commission Minutes Hearing Date: February 23. 2000 00" Avenue NW and the south side of 65`" Street NW, and the proposed phasing of the development. 13. Staff may recommend additional conditions when the GDP is heard at the Council. PUBLIC HEARINGS: Ms. Petersson moved to coxInue Preliminary Ift #00-01, to be known as Northern Heights East Commercial Pa o the March 2 2000 meeting. Mr. Quinn seconded the motion, which carried T-0. District. Mr. Svenby presented the staff report, report is on file at the Rochester-Olms Mr. Svenby explained the location 1 x. He pointed out that the apprm townhomes or condos. Mr. Svenb and the applicant has petitioned to that the applicant would like to dev use in the R-1 district prior to':' district and the R-Ix district was criteria and noted that staff reco Ms. Petersson left the room at Representing the applicant, Commission and made him With no one wishing to 18, 2000, to the Commission. The staff Planning Fnoted this is a reqVst to change the zoning district to R- : entury Hills GDP ws this area for low -density ated that a portion of9 is property is within the City limits iex the remainder oft land to the east. He explained the property with town% roes, which were a permitted 1998 when townhomes %reremoved from the R-1 ad. He referred to the stuggested findings to the ds approval based on thos endings. time. Dumond, Yaggy Colby Associates, tilable for questions. the Commission, Mr. Suk closed the hearing. Ms. McGowan moved to a&rove Zoning District Amendment #00-02, he Payne Company, based on staff ggested findings. Mr. Staver seconded th otion, which carried 6-0. REQUEST FOR COUNCIL ACTION AQCNU/i Or- 1 1UN: PUBLIC HEARINGS ING DEPT: PLANNING MEETING as DATE 3-20-00 ITEM NO. f.- B 0 EM DESCRIPTION: Revised Final Plat #99-49 to be known as Orchard Ridge First PREPARED BY: Addition Mitzi A. Baker, March 16, 2000 Council Action Needed: 9. The Council may adopt a resolution approving the plat subject to conditions and modifications. Attachment: Staff Report dated March 16, 20000 Distribution: 1. City Clerk 2. City Attorney 3, Planning Department File 4. Planning Department, GIS Division 5. Applicant: This item will be considered sometime after 7:00 p.m. on Monday March 20, 2000, in the Council/Board Chambers at the Government Center, 151 4th Street SE. 6. GGG Engineering COUNCIL ACTION: Moron Second by: ORCHARD RIDGE FIRST ADDITION UNKATTM (Revised Final Plat) DEVIOUSLY APPROVED FINAL PLAT 0/°GEARD woss rrxsr ADDator+ d Approved by City Council October, 1999--- -------- ---------------------------------------- —--.----------------------------------.. _ i aenl nta°J Me�� — " y r•------ otma'r • i, �' '+ram _-» 9 e L G� ,, rMA 0 12 `I a � A to 24 n as z1 ' ` 20 le le IJ to� 1s e e x e ' lII u la ----�__•'A�-•w V le 191 Il 8 I e I to p C 17 14 l6 le 9 `� le lop R m m it . ouIILJ a 21 1t e a it ZY 1 oUTIGJ a i 20 to ° n ° e °I to e X 4 017 a II a z I I 15 14 a 2e 1 ` -- n 121 -------- --_-_--__ $ la + Ie t1 l 1e i 12 a ix I e # la ,� 1 a 14 ... 11.E M e 9 t II'' is "IQ i l Y la ; 1 D6 14 to `y U e ' S o e 16 a la 17 c. Itu O i' 1 ° e, to I e..]' to 0 .J aR• IW 4 t0 1 4 fl I 16 > e a to a to i, x ° ; 1 ' VOID I r i .. 12 4 i�1 '--..— 1 a _ __tea•____ �h III °tlnne = 9 * Qe£& na {��7 II a � I 1 II 9 • a e v ° a 10 V 3.3� e ', '•q- r ,y1lSZ.T /e�. rrr �—JNJR a 0/ S z =i Ci A3aT TO: Rochester Common Council FROM: Mitzi A. Baker, Planner DATE: March 16, 2000 µOC It ESTER. .Jt,.. SFr 7ED.AGGUSLA•P ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 ADMINISTRATION/ 507/285-8232 PLANNING GIS/ADDRESSING/ 5071285.8232 MAPPING HOUSINGIHRA 507/285.8224 BUILDING CODE 507/285-8213 wELUSEPTIC 507/285-8345 FAX 507/287.2275 RE: REVISED Final Plat #99.20 to be known Orchard Ridge First Addition. Planninq Department Review: ApplicanUOwner: K & P Properties, dba Orchard Ridge 601 360 St. SW Rochester, MN 55902 SurveyorslEngineers: GGG Engineering 241 N. Winona St. Chatfield, MN 55923 Referral Comments: 1. Rochester Department of Public Works 2. Rochester Park & Rec. Dept. 3. John Hanford, Wetlands LGU Report Attachments: 1. Referral Comments (3 Letters) 2. Location Map 3. Copy of Final Plat 4. Copy of Preliminary Plat Plat Data: Location of Property: The area includes approximately 73 acres of land located west of TH 52, south of 65'" St. NW and north of 55t° St. Estates Subdivision. Zoning: The property was annexed in 1998 and is zoned R-1 (Mixed Single Family). AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 Orchard Ridge First Addition March 16, 2000 Proposed Development: The City Council previously approved a Final Plat for this property in October 1999. The Plat previously approved for this property consisted of the same land area (73,24 acres) but platted 212 single family lots and 3 Outlots. The applicant has determined that it is to his advantage to only plat 100 of the single family lots at this time. All of the roadways within this development will be platted with this final plat, however. In addition to the roadways and 100 single family lots, this Plat includes 10 Outlots. Outlots B and C will not be developed in the future, Outlot B includes Wetlands and Outlot C will be used for drainage and stormwater management. The other Outlots will need to be re -platted in the future in order to subdivide them into single family lots. Roadways: The plat proposes to dedicate right-of-way for fourteen (14) new roadways, including four cul-de- sacs. The proposed roadway names are: Freedom Dr. NW, Freedom Lane NW (cul-de-sac), McIntosh Drive NW, Winesap Drive NW, Jonathon Drive NW, Jonathon Lane NW (cul-de-sac), Gala Lane NW (cul- de-sac), Hillsboro Drive NW (extension of existing rd.), Branch Lane NW (cul-de-sac), Branch Ave. NW, Blossom St. NW, Jonafree St. NW, and 390 Ave. NW. Sidewalks: The right-of-way and roadway widths appear consistent with the Rochester Zoning Ordinance and Land Development Manual. In accordance with current City policy, sidewalk is required along both sides of all of the new streets in the subdivision. Drainage: The property generally drains to the southeast. The development proposes storm sewer collection pipes that would transfer runoff to a stormwater detention pond located in the southern corner of the property. In addition, a natural drainage corridor running diagonally through the property will be maintained to convey stone water to the sotrmwater detention pond. Wetlands: Minnesota Statutes now require that all developments be reviewed for the presence of wetlands or hydric soils. The National Wetland Indicator Map was reviewed for this area and Wetlands or hydric soils were identified on the site. A wetland delineation has been filed with the LGU. An exemption has also been approved for this Plat. Public Utilities: Sanitary sewer will be extended from the Calvary Baptist Church site to the southeast. Watermain will be extended from the water tower, west of the Plat. 11 a33 a 3� Page 3 1 Orchard Ridge First Addition March 16, 2000 Spillover Parking: The spillover parking requirements for this development would be approximately 120 parking spaces. The proposed roadways should be adequate to accommodate the required spillover spaces. Parkland Dedication: The Park and Recreation Department recommends that dedication requirements be met via a combination of cash and land. General Development Plan Preliminary Plat: This property is included within the Orchard Ridge General Development Plan which was approved by the City Council on March 1, 1999. A preliminary plat was submitted and previously approved by the Council , in July 1999 with conditions as listed below: 1. The applicant agree to meet parkland dedication requirements through a combination of cash and land, as identified in a memo from the Rochester Park and Recreation Department dated May 17, 1999. 2. Storm Water Management must be provided for this development. Any pond serving less than 50 developable acres is considered private and must have a home owners association to control the ownership and maintenance. The Storm Water Facility in this Plat shall be constructed concurrent with the development of the subdivisions and shall be platted as an Outlot. If the facility meets the City's requirements, the pond and conveyance area (Outlets 8 & C) be dedicated to the City. If the facilities remain private, drainage easements must be provided over the Outlots. 3. Easements for off -site facilities must be provided. 4. Traffic from the proposed development taking access through Northpark roadways shall be limited to 100 homes until a roadway is extended to 551" Street providing a second ingress/egress for the previously platted and developed portions of the subdivision. Phasing and timing of this development including roadway connections will be reviewed further at the time final plats are proposed. 5. Additional right-of-way dedication for 6e Street within this preliminary plat shall be dedicated upon platting of the adjacent land or at the request of the City for a road improvement project. 6. Temporary tum-a-rounds must be provided where needed, these locations will be identified at the time of final plat. 7_ Construction vehicles shall use only 6e Street for access to the development. 6. The Applicant must receive approval from Cascade Township to temporarily close 6e Street NW, east of the proposed subdivision access to 6e Street, or by some other method acceptable to the City and the Township, restrict the use (by future owners of property within the Orchard Ridge subdivision) for that portion of 650 Street NW, between the subdivision access to 650 St. NW, and T.H. 52, until such time as Hillsborough Drive NW, and sewer service is extended by the adjacent property owner from Villa Road to the Orchard Ridge Plat Page 4 a35 Orchard Ridge First Addition March 16, 2000 or until MnDOT permanently addresses the at -grade intersection access issues at T.H. 52 and 651° Street NW. 9. The Applicant may not petition the City for an extension of Hillsborough Drive NW, as a city project any sooner than two years from the date of the approval of the preliminary plat for the Orchard Ridge Subdivision. Council Action on Previously Approved Final Plat: On October 4, 1999 the City Council approved a Final Plat for this property that included 73.24 acres of land, 212 single family lots and two Outlots with the following conditions or modifications: 1. Roadway names be modified as specified by the Planning Department Addressing Staff in a memo dated September 23, 1999. 2. Controlled access shall be provided extending south from 650 St. NW, along the east side of Freedom Drive NW approximately 100 feet. 3. The applicant agree to meet parkland dedication requirements by a combination of land and cash dedication as specified by the Rochester Park and Recreation Department dated September 9, 1999. 4. Storm water management must be provided for this development. The storm water facility shall be constructed concurrent with the development of the subdivisions and shall be platted as an outlot(s). The necessary legal documentation must be provided to convey the storm water facility to the City. 5. Easements for off site facilities must be provided which shall include utility as well as temporary turn -a -round easements as required by Rochester Public Works. 6. If cost sharing is required by MnDOT of the City for construction of a free flow right turn lane and/or acceleration land for eastbound to southbound traffic entering T.H. 52, the developer shall be responsible for a proportionate share of the construction cost. T The applicant shall provide a pedestrian system along 65`" St. NW. Planning Staff Recommendation: The Final Plat approved by the Council in October 1999 has not been recorded. The applicant has revised this Plat to subdivide only 100 single family lots with the other blocks platted as Out/ots. Those blocks will need to be re -platted in the future to subdivide for single family development. Staff has reviewed this revised Final Plat for Orchard Ridge First Addition dated March 2, 2000 and recommends the following conditions or modiffcatlons: 1. The Plat shall be revised to provide controlled access extending south from 65t° St. NW, along the east side of Freedom Drive NW approximately 150 feet. i a Page 5 Orchard Ridge First Addition March 16, 2000 2. The applicant agree to meet parkland dedication requirements by a combination of land and cash dedication as specified by the Rochester Park and Recreation Department dated September 9, 1999. 3. Storm water management must be provided for this development. The storm water facility shall be constructed concurrent with the development. if the facility meets the City's requirements, Outlot C and the conveyance area, Outlot B should be dedicated to the City. If the facilities remain private a long-term maintenance and ownership agreement prepared by the City must be executed, and a drainage easement over Outlots B and C must be conveyed. a. Easements for off site facilities must be provided which shall include utility as well as temporary turn -a -round easements as required by Rochester Public Works. 5. if cost sharing is required by MnDOT of the City for construction of a free flow right turn lane and/or acceleration lane for eastbound to southbound traffic entering T.H. 52, the developer shall be responsible for a proportionate share of the construction cost. 6. The applicant shall provide a pedestrian system along 650 St. NW. 7. The 6r St. NW right-of-way shall be dedicated upon filing of the Final Plat, or at the request of the City for a road improvement project, if a project precedes recording the final plat documents. 8. Temporary turn -a -rounds must be provided, with associated easements, at the easterly end of McIntosh Dr. NW, the easterly and westerly ends of Winesap Dr. NW, and Blossom St. NW adjacent to Lot 1, Block S. Additional temporary turn -a -rounds may be required for future phases of this development 9. The City is currently considering a Traffic Improvement District (TID) for this area. If a TID is adopted, development of this property may be subject to a Substandard Street Capacity Charge contribution requirement for 6e St NW, in addition to the standard Substandard Street Reconstruction Charge. 10. The developer is responsible for Traffic Capacity improvements to 65t° St. NW, including left and right turn lanes. ROCHESTER Minnesota 3,15 00 TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur a3? DEPARTMENT OF PUBLIC WORKS 201 41h Street SE Rcom 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the requested application for Final Plat #9920 on the Orchard Ridge First Addition property. The following are Public Works comments on this proposal: 1. Storm Water Management must be provided for this development. A stormwater detention pond is proposed on Outlot 'C' to serve this development. 2. The Storm Water Facility shall be constructed concurrent with the development of the initial phase of this development. If the facility meets the City's requirements, Outlot 'C' and the conveyance area, Outlot `B' should be dedicated to the City. If the facilities remain private a long-term maintenance and ownership agreement prepared by the City must be executed, and a drainage easement over Outlots `B' & 'C' must be conveyed. 3. Easements for off site facilities needed to serve the development must be provided by the Developer. 4. Development of this subdivision, and future re -plats of the Outlots, is limited to a total of 120 lots until a second access is provided. 5. The 65w Street right of way shall be dedicated upon filing of the Final Plat, or at the request of the City for a road improvement project, if a project precedes recording of the plat. 6. Controlled access shall be provided along 65 s Street and 150 feet south of the 65" Street right of way line along both the west & east sides of Freedom Drive NW. 7. Pedestrian facilities must be provided along both sides of all new public roadways and along the South side of 65"St NW 8. Temporary turn-arounds must be provided, with associated easements, at the easterly end of McIntosh Dr NW, the easterly and westerly ends of Winesap Dr NW, and Blossom St NW adjacent to Lot 1, Block 8. Additional temporary turn-arounds may be required for future phases of this development. I C:\TEMP\FP#99-20. doc A39 ROCHESTER Minnesota 1/15100 TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DEPARTMENT OF PUBLIC WORKS 201 4'" Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507.281-6216 9. A City / Owner Contract must be executed prior to development of this property to address the construction of all public infrastructure and utilities to serve this plat. 10. The applicant shall enter into a development agreement with the City that outlines the obligations of the applicant relating to, but not limited to, stormwater management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, and contributions for public infrastructure. 11. The City is currently considering a Traffic Improvement District for this area. If a TID is adopted, development of this property may be subject to a Substandard Street Capacity Charge contribution requirement for 65`h St NW, in addition to the standard Substandard Street Reconstruction Charge. 12. This development will require Traffic Capacity Improvements to 651s St including left and right turn lanes. 13. The applicant shall design and construct, to MnDOT standards, improvements to T.H. 52. as required by the traffic analysis prepared by the ROCOG Senior Transportation Planner. The following charges/fees are applicable for the development of the property: Sewer Availability Charge (SAC) @ $1605.50 per developable acre. Water Availability Charge (WAC) @ $1605.50 per developable acre. Traffic Signs as determined by the City of Rochester Traffic Division. Contribution for Sub -standard Street for the entire frontage of 650 St NW @ $30.00 per foot of frontage on 65t6 Street, plus a Capacity Contribution for the Traffic Improvement District. C `,TEMP\FP#99.20.00c 81Recrea�'0o Park and Recreation Department City of Rochester a-Zq 201 Fourth Street SE • Room 150 • Rochester, Mrl 55904 (507) 281.6160 • FAX (507) 281-6165 March 8, 2000 To: Suzanne LaPalm Consolidated Planning From: Rochester Paris and Recreation RE: Replat Orchid Ridge 1" Final Plat #99-20 Acreage......................................................................... 73.42 acres Number of Dwelling Units ............................................ 212 lots Dwelling Unit Density ................................................... 2.93 units/acre DensityFactor............................................................ .10 DedicationRequirement .............................................. 7.34 acres Fair Market Value of Land ........................................... a11,000 / acre The Rochester Park and Recreation Department recommends that the parkland dedication requirement for the plat be satisfied by: A combination of land dedication and cash in lieu of land. The land dedication to be in the form of at least 5.72 acres of deferred land dedication. The land to be dedicated is to be located generally east of Qutlot C and is to be dedicated at such time as the property is accessed via street or the Park Department wishes to begin development of the property. The land to be dedicated will be graded to meet dedication requirements and will not include any of the designated wetlands located east of Outlot C. The balance of the dedication (estimated to be 1.62 acres) to be in the form of cash in lieu of land due within one year of approval of the original plat. If the replatting of the 10 outlots at a later date creates dwelling units in excess of the originally proposed 212 units, additional parkland dedication may be required. ApplMMIt K & P Pmgwfifa W7 3e Strad SW Ev Application Number. 014e416L. Zt No hydric soils exist on the site based on a Soil Survey Hydric soils exist on the site according to the Soil Survey. The property owner is responsible for identifying wetlands on the property and / submitting the information as part of this application. A wetland delineation has been carried out for the property and is on file with the Planning Department A wetland delineation is on file with the Planning Department and a No - loss, Exemption, or Replacement Plan has been submitted to the Planning Department. / A wetland related application has been approved by the City. This plan incorporates the approved wetland plan. _ No hydric soils exist on the property based on the Soil Survey, However, due to the location in the landscape the property owner should examine the site for wetlands. The property owner is responsible for identifying wetlands. 14,`� Other qq FYni.,., #;,. From John Harford Wetlands LGU Representative REQUEST FOR COUNCIL ACTION MEETING t3-q( / DATE 3-20-00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLA\I RIVING �q ITEM DESCRIPTION: Preliminary Plat #00-04 to be known as Orchard Hills North PREPARED BY: Subdivision Mitzi A. Baker, March 10, 2000 City Planning and Zoning Commission Recommendation: The Planning Commission considered this preliminary plat at a public hearing on February 23, 2000. The Planning Commission recommended approval of Preliminary Plat #00-03, subject to the following modifications and conditions. Motion carried 7-0. 1. Storm water management must be provided for this development The storm sewer outlet at the west property line will need to be reviewed further along with detailed grading and drainage plans. j2. The Plat shall be revised change the roadway name to "Fox Chase Road Sw" 3. Parkland dedication requirements for this Plat shall be met via cash payment in lieu of land consistent with the attached memo from the Rochester Park and Recreation Department dated February 1, 2000. 4. The preliminary plat profits sheets do not include sidewalk. Consistent with adopted codes and policies, sidewalk will be required along both sides of Fox Chase Road SW. 5. A temporary turn around shall be provided at the easterly end of Fox Chase Dr. SW, untft the road is extended as shown on the GDP, and Gates Drive SW Is vacated. 6. Fire hydrants shall be relocated to be within the right-of-way, as specified by the Rochester Fire Department. 7. Relocation of any existing utilities shall be done at the developers expense. Council Action Needed. 1. The Council may approve, approve with conditions, or deny the land subdivision permit The Council must make findings of fact as a basis for the decision. COUNCILACTION: Motion by. Second by. ro: ` 7-c>. 4 0 P ►J ouaa v4a� i z� o w c 1 , 1 N �r 0 4 rp N V i O k NW Y7yy llsgu 77IH p�^� NN7d ZN3Wd073A3Q 76'?I.7N30 yp 9ON120A -JXIW i .1 g N 1Vld V10S3NNIW 'Mus3H3ov HiSON SIIIH CINVHDNO IN l ;19 gg 1 a 0 n � _ � L �5� � t n� c m JAI me .ZG.6E65£ TO: City Planning and Zoning Commission FROM: Mitzi A. Baker, Senior Planner DATE: February 17; 2000 RpCHES T£R. yrr •,/ r OR,T£D•A UGUSS•' a•• ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 ADMINISTRATION/ 5071285.8232 PLANNING GIS/ADDRESSING/ 507/285-8232 MAPPING HOUSING/HRA 507/285.8224 BUILDING CODE 507/285-8213 WSLUSEFMC 507/285-8345 FAX 507/287-2275 RE: Type III Phase 11 Land Subdivision Permit (Preliminary Plat) #00.04 by Michael Younge to be known as Orchard Hills North Subdivision. The Plat proposes to subdivide approximately 12.45 acres of land into 8 lots for single family development. The Plat also proposes to dedicate right-of-way for one new public road. The property is located north of Fox Chase Road SW, west of Gates Drive SW, Planning Department Review: ApplicantlOwner: Surveyors/Engineers: Referral Comments: Mike Younge Development 1765 SW Greenview Drive Rochester, MN 55902 Yaggy Colby Associates 717 Third Ave. SE Rochester, MN 55904 1. Rochester Department of Public Works 2- Rochester Park & Rec. Dept. 3. RPU Water Division 4. RPU Power Division 5. Rochester Fire Department 6. Planning Dept. Addressing Staff Report Attachments: 1. Land Development Manual Excerpts 2. Referral Comments (6 Letters) 3. Copy of Orchard Hills General Development Plan 4. Copy of Preliminary Plat Development Review: Location of Property: This plat is located north of Foxcroft North Second subdivision, west of 23t° Ave. SW and east of the �� AN EQUAL OPPORTUNT'/AFFIRMATIVE ACTION EMPLOYER i 0/ _ Page 2 February 17, 2000 Rochester Golf and Country Club. Zoning: The property is zoned R-1 (Mixed Single Family) district. Proposed Development: This development consists of 12.45 acres to be subdivided into 8 lots for single family residential development. There is an existing home located on Lot 3, Block 1. Streets: The plat dedicates proposes to dedicate the right-of- way for one public roadway, which is an extension of Fox Chase Road SW. Utilities: Utilities are available to serve the subdivision within the existing Fox Chase Road ROW. Some utilities already existing within the properly. Sidewalks: In accordance with current City policy, sidewalk is required along the roadway being dedicated in this plat. Drainage: Elevations on the property range from approximately 1180' in the northeast to 1120' in the southwest portion of the Plat. The property generally drains to the southwest. The plat proposes to capture stormwater and outlet it at the west property line. This proposed outlet and detailed grading and drainage plans will need to be reviewed further. Wetlands: Minnesota Statutes require that all developments be reviewed for the presence of wetlands or hydric soils. There do not appear to be hydric soils within this plat. Spillover Parking: The spillover parking requirements for this development would be 10 parking spaces. The proposed roadways should be adequate to accommodate the required spillover spaces. Parkland Dedication: There is no parkland included within the boundaries of this plat. The Park &. Recreation Department recommends that dedication requirements be satisfied by cash in lieu of land. General Development Plan: This property is included within a General Development Plan that was approved in 1995. The roadway alignments and lots are generally consistent with the approved GDP. Page 3 February 17, 2000 Staff Review and Recommendation: Section 61.225 of the Land Development Manual lists the findings which must be made by the Planning Commission and the Council when reviewing a land subdivision permit application. This section is attached for your information. The Planning staff has reviewed this preliminary plat request under the provisions of LDM Sections 61.225 (effective 51151199). The staff recommends that the following modifications or conditions be imposed on this preliminary plat in order to insure that the above -mentioned criteria are met: 1. Storm water management must be provided for this development. The storm sewer outlet at the west property line will need to be reviewed further along with detailed grading and drainage plans. 2_ The Plat shall be revised change the roadway name to "Fox Chase Road Sr'. 3.. Parkland dedication requirements for this Plat shall be met via cash payment in lieu of land consistent with the attached memo from the Rochester Park and Recreation Department dated February 1, 2000. 4. The preliminary plat proflle sheets do not include sidewalk. Consistent with adopted codes and policies, sidewalk will be required along both sides of Fox Chase Road SE_ 5. A temporary turn around shall be provided at the easterly end of Fox Chase Dr. SW, until the road is extended as shown on the GDP, and Gates Drive SW is vacated. 6. Fire hydrants shall be relocated to be within the right-of-way, as speciffed by the Rochester Fire Department. 7. Relocation of any existing utilities shall be done at the developers expense. REMINDER TO APPLICANT'• • Prior to development, the property owner will need to execute a City Owner Contract for construction of the public roadways and utilities. • This Plat is subject to the Subdivision regulations which became effective May fS, 1999. Approved grading, drainage and construction plans and an executed Development Agreement will need to be submitted with the final plat application if the applicant Intends to record the final plat documents prior to completion of infrastructure improvements. (I V' 1 Page 4 February 17, 2000 CRITERIA POR LAND SUBDIVISION PERMIT (PRELfMINARY PLAT) Effective May 15, 1999 61.225 Findings for Land Subdivision: The Zoning Administrator, Commission or Council shall approve a development permit authorizing a land subdivision if all of the following findings with respect to the proposed development are made: A. The proposed land subdivision conforms to all relevant requirements of this ordinance and variances have been granted to permit any nonconformance. B. That the proposed water system and sanitary sewer system are adequate to serve the normal and fire protection demands of proposed development and to provide for the efficient and timely extension to serve future development. C. That the plan for sail erosion and stormwater management meets the adopted standards of the City of Rochester and is consistent with the adopted Stormwater Management Plan or adopted drainage or stormwater policies. 0. That the vehicular and non -motorized system is consistent with adopted transportation plans and is consistent with the street layout standards listed in Section 64.120 and traffic service standards in Section 61.526. E. That the lot and block layout provide for safe and convenient vehicular, service and emergency access, efficient utility service connections, and adequate buildable area in each lot for planned uses. F. That the proposed land subdivision has taken into account the current 6-Year and other Long - Range Capital Improvements Programs and the elements listed therein in the design of the subdivision. G. That the proposed subdivision, if in a residential zoning district, -addresses the need for spillover parking consistent with the requirements of Section 63.426. H. That right-of-ways and easements of adequate size and dimension are -provided for the purpose of constructing the street, utility, and drainage facilities needed to serve the development I. That the proposed parks, trail thoroughfares and open space dedications are consistent with adopted plans, policies and regulations. J. That the proposed subdivision will not have off -site impacts on the street, drainage, water or wastewater systems that exceed adopted standards. K. That the proposed subdivision will not have adverse impacts on the safety or viability of permitted uses on adjacent properties. L. That the proposed land subdivision is designed in such a manner as to allow for continued development in an efficient manner on adjacent undeveloped lands; M. That the sous, topography and water tables have been adequately studied to ensure that all lots are developable for their designated purposes. Page 5 February 17, 2000 N. That the proposed land subdivision is consistent with the standards of the City s adopted Comprehensive Plan. O. That any land located within Zone A as shown on the currently adopted Flood Boundary and Floodway Maps of the Flood Insurance Study, Rochester, Minnesota, prepared by the Federal Emergency Management Agency, is -determined to be suitable for its intended use and that the proposed subdivision adequately mitigates the risks of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, or any other floodplain related risks to the health, safety or welfare of the future residents of the proposed subdivision in a manner consistent with this ordinance. M-O r r park 8 �eL'e8'Id0 DATE: February 1, 2000 ROCHESTER PARK AND R :REATION DEPARTMENT- 201 FOURTH STREET SE ROCHETER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM TO: Suzanne LaPalm Planning RE: Orchard Hills North Preliminary Plat #00-04 Number of dwelling units ............................................. 8 units Density factor............................................................ .0244 Dedication............................................................... .20 acres Fair market value of land ............................................. $25,000/acre The Park and Recreation Department recommends that dedication requirements be met via: Cash in lieu of land ApplkaM: Mke Ytwrga 1765 Grewmew Od" SW �\City_of_rochester\cityhall\PARK\➢STOT2\2000\1)EDICATION\SW 2897\0RCHAR0 HILLS NORTH.DOC ROCHESTEk Minnesota 2/10/00 TO: Consolidated Planning Department 2-122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DEPARTMENT OF PUBLIC WORKS 201 40 Street SE Room 108 Rochester, MN 55904-3740 507-287.7800 FAX — 507.281-6216 The Department of Public Works has reviewed the requested application for a Preliminary Plat 00-04 on Orchard Hills North Subdivision (Michael Youncle) property. The following are the Public Works comments on the proposal: 1. Storm Water Management needs to be addressed for this development. 2. A grading plan must be submitted and approved. 3. A City / Owner Contract must be executed prior to development of this property, to address the construction of all public infrastructure and utilities to serve this subdivision. 4. The applicant shall enter into a development agreement with the City that outlines the obligations of the applicant relating to, but not limited to, stormwater management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, and contributions for public infrastructure. 5. Pedestrian facilities shall be located along both sides of the public road, and constructed concurrent with this development. 6. A temporary turnaround is needed at the easterly extent of the proposed Fox Chase Or SW, until the road is extended as shown on the GDP, and Gates Dr SW is vacated. Charges & fees for the following are applicable for the development of this property: ❖ Sewer Availability Charge (SAC) @ $1605.50 per developable_ acre. ❖ Water Availability Charge (WAC) @ $1605.50 per developable acre •:• Traffic Signs as determined by the City of Rochester Traffic Division. ❖ Stormwater Management Fee @ $1983.50 per acre (base residential rate) CATEM"P#00-04.doc i Ne pledge, we de4ref February 2, 2000 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Type III, Phase II, Preliminary Plat #00-04 by Michael Younge to be known as Orchard Hills North Subdivision. Dear Ms. LaPalm: Our review of the referenced preliminary plat is complete and our continents follow: 1. The property may be subject to the water availability fee, connection fees or assessments. The Land Development Manager (507-281-6198) at the Public Works Department determines the applicability of these fees. 2. For maintenance purposes typically water mains for this type of development are located within the street pavement. To allow the existing water main to remain in the yard areas as shown; trees, retaining walls and other permanent landscaping must not be placed within 10' of the main. 3. The Fire Prevention Bureau will need to approve the 2 fire hydrants located farther away than typical from the street pavement. 4. We have provided the applicant's engineering firm with other comments on the proposed water system layout. Please contact us at 507-280-1600 if you have questions. Very truly yours, R Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Bureau Wade Dumond, Yaggy Colby Associates Mike Younge Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 G crryROCHESTER _. y9 7 �/� �A�rt lLAC GGSt•a•. ✓//GG/Z�LE,I4LCL DAVID A. KAPLER, Chief Rochester Fire Department 201 4th Street SE, Room 10 Rochester, MN 55904-3726 (507)285-8072 DATE: February 10, 2000 FAX #(507) 285-8256 TO: Suzanne LaPalm, Planning FROM: Lyle Felsch, Deputy Chief SUBJECT: Type III, Phase 11 Land Subdivision Preliminary Plat #00-04, Orchard Hills North, located north of Fox Chase Dr SW and west of Gates Dr. SW. This project is within the 4 minute fire response standard and is adding 8 residential home lots on 12.45 acres, to the fire protection area of the Rochester Fire Department. With that regard the fire code has the following requirements: 1. An adequate water supply shall be provided for fire protection including hydrants properly located and installed in accordance with the specifications of the Water Division. X' The two existing hydrants shown appear to be outside of the right -away must be relocated to within 10 feet of the roadway. All hydrants shall be in place prior to commencing building construction. 2. Fire department, access streets and roadways shall be as provided in accordance with the fire code, RCO 31 and the Zoning Ordinance and Land Development Manual including approved cul-de-sac dimensions and street widths. All fire department access roadways shall be serviceable prior to and during building construction. 3. All street, directional and fire lane signs must be in place prior to occupancy of any residential buildings. 4. All buildings are required to display the proper street address number on the building front, which is plainly visible and legible from the street fronting the property. c: Donn Richardson, RPU, Water Division Yaggy Colby Assoc., 717 3r° Avenue SE, Rochester, Mn. 55904 Mike Younge, 1785 Greenview Dr. SW, Rochester, Mn. 55902 a1;4r rpu :ue nfedye, we'ler'wer 507/280-1579 February 2, 2000 TO: Suzanne LaPalm, Planning Department FROM: Michael J. Engle, Supv. of Distribution Design Rochester Public Utilities SUBJECT: Type III Phase II Land Subdivision Permit (Preliminary Plat) #00-04 by Michael Younge to be known as Orchard Hills North Subdivision. The Plat proposes to subdivide approximately 12.45 acres of land into 8 lots for single family development. The Plat also proposes to dedicate right-of-way for one new public road. The property is located north of Fox Case Road SW, west of Gates Drive SW. RPU has electric facilities in place to serve the Mike Younge residence. If any of these facilities need to be relocated, it will have to be done at the expense of the developer. Sincerely, V--- Michael J. Engle ks Rochester Public Utilities, 4000 East River Road NE, Rochester, MN 55906.2813 telephone 507.280.1540 facsimile 507.280.1542 PLAT REFERRAL RESPONSE DATE: 2-10-00 TO: Suzanne LaPalm FROM: Planning Dept. Addressing Staff CC: RE: ORCHARD HILLS NORTH A review of the preliminary plat has turned up the following address related issues: Illustrated CHASE DRIVE is a continuation of FOX CHASE ROAD SW as platted in Foxcroft North Third. RECOMMENDATION: Change CHASE DRIVE to FOX CHASE ROAD SW. P' �,e 12 City Planning and Zoning Commission Minutes Hearing Date: February 23, 2000 Mr. Burke made a motion to approve Preliminary Plat #00.03, Sith staff -suggested findings and ditions. Ms. Petersson seconZthemot'whichcarried 7.0. Conditions: 1. Outlot A shallbesed to be a minimum th and shall include a trail or sidewalk to be co cted by the applic 2. Any necessary easement tside lbprovided lot that maybe needed for utilities, drainage, or temporary turn- and prior to or concurrent with final plat recording. I The applicant shall enter into a v ment agreement with the City that outlines the obligations of the appticant r ling t ut not limited to, stormwater management, park dedication, traIsshall impements, p estrian facilities, right-of-way dedication, infrastructure imprand contrib . ns for public infrastructure. 4. The cul-de-sac on 'ane NE" shall b igned "No Parking — Fire Lane" since the diameter is not o provide the nee !um -around radius with parking or the cut -de -sac rae increased to ali for both parking and the needed turn -around radius. 5. Additional hydre(s) be provided as required by the kDepartment and RPU Water division. 6. Parkland dedi/ation for this plat shall be met via a reducti'nexisting dedication credits 2.631cres from the 1996 dedication of 5.0 acres wh the Century High School site as nurchasad_ Type III Phase 11 Land Subdivision Permit (Preliminary Plat) #00-04 by Michael Younge to be Known as Orchard Hills North Subdivision The Plat proposes to subdivide approximately 12.45 acres of land into 8 lots for single family development The Plat also proposes to dedicate right-of-way for one new public road The property is located north of Fox Chase Road SW west of Gates Drive SW. Mr. Svenby presented the staff report, dated February 17, 2000, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Mr. Svenby explained the property location and noted there is a GDP that was approved for the property in 1995. He stated the plat consists of 12.45 acres to be divided into 8 lots for single family residential development. He pointed out that a home already exists on lot 3. Mr. Svenby referred to the criteria and staff -suggested findings, noting approval is recommended with the seven conditions listed in the report. Ms. Petersson noted that conditions 2 and 4 stated "Fox Chase Road SE,- which should be changed to "Fox Chase Road SW." Mr. Slaver asked if Fox Chase Road will terminate in a cul-de-sac or extend to Gates Drive. Page 13 C4 Planning and Zoning Commission Minutes Hearing Date: February 23, 2000 eN asp Mr. Svenby explained that it will eventually end in a cul-de-sac, which he pointed out on the map. He also referred to a lot that Mr. Younge doesn't own and noted that in 1995, Mr. Younge petitioned to vacate Gates Drive in that area, but the vacation will not be recorded until the area is developed and the new right-of-way dedicated. Representing the applicant, Wade Dumond of Yaggy Colby Associates, addressed the Commission, and stated that in regard to the vacation of Gates Drive, it will become effective when the road is platted to the area where the exception has access, He stated they are in agreement with the conditions. With no others wishing to be heard, Mr. Suk closed the public hearing. Ms. Petersson made a motion to approve Preliminary Plat #00-04, to be known as Orchard Hills North Subdivision, with staff -suggested findings and conditions. Mr. Burke seconded the motion, which carried 7-0. Conditions: I. Storm water management must be provided for this development The storm sewer outlet at the west property line will need to be reviewed further along with detailed grading and drainage plans. 2. The Plat shall be revised to change the roadway name to "Fox Chase Road SW'. 3. Parkland dedication requirements for this Plat shall be met via cash payment in lieu of land consistent with the attached memo from the Rochester Park and Recreation Department dated February 1, 2000. 4. The preliminary plat profile sheets do not include sidewalk. Consistent with adopted codes and policies, sidewalk will be required along both sides of Fox Chase Road SW 5. A temporary turn around shag be provided at the easterly end of Fox Chase Dr. SW, until the road is extended as shown on the GDP, and Gates Drive SW is vacated. 6. Fire hydrants shalt be relocated to be within the right-of-way, as specified by the Rochester F7re Department. 7. Relocation of any existing utilities shall be done at the ANNEXATION: REQUEST FOR COUNCIL ACTION MEETING DATE: AGENDA SECTION: CONTINUED ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS Public Works ra -/0 ITEM DESCRIPTION: Project Hearing: 'Reconstruct 7" Street NW from 46" Avenue PREPARED BY: NW west approximately 1250 feet' (J9594). D. Nelson This is a Hearing to consider the following local improvement project: Project No. 62074-00 J —9594 "Reconstruct 7"St NW from 46'" Avenue NW west approximately 1250 feet' The estimated costs are: Street Grading & paving $212,500 Curb & gutter 25,000 Storm sewer, subdrain 31,250 Sanitary sewer 26,400 Watermain 50,000 Sub -total $345,150 Engineering, Interest & Contingency 103,545 Total $448,695 This project has been requested by the developers of Diamond Ridge and Manorwood West. This project is proposed to be funded with Developer Contribution, Utility Funds and Tax Levy. COUNCIL ACTION REQUESTED: Adopt a resolution ordering the project to be made. Attch: Feasibility Report Budget & Assessment Schedule Map L.JUNCIL ACTION: Motion by: Second by: ( to:_yG If' '7_0' REPORT ON THE FEASIBILITY OF PROPOSED LOCAL IMPROVEMENT PROJECT Project No. 6207-4-00 J No. 9594 Honorable Mayor & Common Council City of Rochester, Minnesota A resolution proposing the following project : 'Reconstruct 7h Street NW from 46' Avenue NW west approximately 1250 feet' Public Works prepared the Engineers Feasibility Report. Feasibility Report We report the project is technically feasible and recommend it be constructed contingent on participation by the requesting developers. Property in the vicinity of this section of 7" St NW is being developed. Diamond Ridge development lies to the north and Manorwoods West to the south. In addition, there are three properties that contain a single-family dwellings with a combined 903 feet of street frontage along this section that currently lie outside the corporate limits of the city. The project would upgrade a narrow road with a poor pavement section in an area where traffic volumes are increasing due to development. The Project as proposed would involve the construction of a 36-foot wide urban bituminous street (concrete curb & gutter and storm drainage) with a structural design thickness adequate for the existing soils and projected traffic volumes. Construction would also include sanitary sewer and watermain. Sewer and water services will be stubbed to future parcels to the extent that the locations can be determined. The three existing residential dwellings would be eligible for connection consistent with the Water Quality Protection Program. The estimated costs of the Project, made without completed plans or survey are as follows: Street grading & paving $212,500 Conc. Curb & Gutter 25,000 Storm sewer, subdrain 31,250 Sanitary sewer 26,400 Watermain 50,000 Sub -total $345,150 Engineering, Interest & Contingency 113,545 Total $448,695 The estimated revenues of the Project are as follows: (1) Street Reconstruction: a. City Share: 50% of street costs Street 212,500 C&G 25,000 Storm & subdrain 31,250 Subtotal: 268,750 Engr, Cont, Int, 80,625 Total: 349,375 b. Street rate for developing properties: X .50 = $174,687.50 $174,687.50 / 2515.80 ft (total front footage of project) = $69.44 per foot Forbrook - Bigelow: $69.44 / ft X 745.02 ft = $51,734.19 Western Walls: $69.44 / ft X 867.16 ft = $60,215.59 Total: $111,949.78 c. Future substandard street charge: 903.62 ft X $30 = $27,108.60 (2) Water — watermain will run entire length of project. Developers to pay cost for their frontages. Potential Water connection charges for remaining properties for the remaining 903.62 ft could be realized in the future. Forbrook-Bigelow: 745.02 ft X $201 ft = $14,900.40 Western Walls: 867.16 ft X $20/ft = $17,343.20 Total: $32,243.60 (3) Sanitary Sewer -- Sewer will run from terminus MH near 46" Ave, 660 ft west to Manorwoods West connector street. Developers to pay cost for their frontages: Potential Sewer connection charges for remaining properties for the remaining 903.62 ft could be realized in the future. Forbrook-Bigelow: 280 ft X $20 = $5,600 Western Walls: 360 ft X $20 = $7,200 Total: $12,800 a4;6- (4) Revenue Summary: Forbrook Bigelow: $51,734.19 + $14,900.40 + $5,600 = $72,234,19 Western Walls: $60,215.78 + $17,343.20 + $7,200 = $84,758.98 Total Developer Contribution: $156,993.17 City Street Share: Total: $174,687.50 $331,680.67 The Public Works Department reports that the project is feasible contingent on the developers entering into contribution agreements for the costs outlined above. If the Council wishes to proceed, the Developers of Diamond Ridge and Manorwoods West are required to execute Contribution Agreements for the stated costs prior to the City Council authorization to schedule a Project Hearing for March 20, 2000 for the construction of this public improvement project. Doug Nelson Manager of Engineering BUDGET AND ASSESSMENT SCHEDULE FOR CONSTRUCTION CONTRACT Project No: 6207-4-00 J No: 9594 Date: February 3,2000 Description: "Reconstruct Ph Street NW from 461" Avenue west approximately 1250 feet' Construction Street Grading & Paving Curb & Gutter, Storm Drainage & Subdrain system Sanitary Sewer Watermain Engineering, Interest & Contingency Total Construction & Expense Distribution Street Construction contribution (Developers) San. Sewer & Watermain (Developers) Potential Sewer / Water Connection Charges City Share Street Costs City Share Sewer & Water TOTAL Make Initial Disbursement from P. I. R. Fund Project Contract Final Budget Cost Cost 212.500 $25,000 $31,250 $26,400 $50,000 $ 103 545 $448,695 $111 949.78 $45 043.60 $64 157.02 $174 687 50 $52 857 10 $448 695 FTT 11�1..�T'ii � l lii • : n: REQUEST FOR COUNCIL ACTION MEETING OL105 DATE: 3/20/00 AGENDA SECTION: ORIGINATING DEPT. ITEM NO. PUBLIC HEARINGS Public Works / jr, • rl ITEM DESCRIPTION: Project Hearing: 'Public Improvements to Sunset Ave, Rose PREPARED BY: Ave, and Harbor Parkway in Rose Harbor" J-9656 D. Nelson This is a Hearing to consider the following local improvement project: "Public Improvements to Sunset Ave, Rose Ave, and Harbor Parkway in Rose Harbor" Project No. 8701-8-97, J-9656 The estimated costs for this project are: I Street $126,600 Sanitary Sewer 137,712 Watermain 64,680 Storm sewer & Subdrain 172,098- Service Connections 26,400 Engineering, Interest & Contingency $158,247 TOTAL: $659,337 Total Estimated Funding Distribution: Special Assessments Frontage $626,587 Tax Increment Financing 32,750 City Share 0 Total: $659, 337 COUNCIL ACTION REQUESTED: Adopt a resolution ordering the project to be made. OUNCIL ACTION: Motion by: Second by: l to: REPORT ON THE FEASIBILITY OF A PROPOSED LOCAL IMPROVEMENT PROJECT FOR THE SANITARY SEWER, WATERMAIN AND ROADWAY CONSTRUCTION TO SERVE VACANT LANDS LYING IN ROSE HARBOR February 3,2000 Honorable Mayor & Common Council City of Rochester, Minnesota A resolution proposing the following project: Sanitary Sewer, Waterrnain, and Roadway to serve vacant lands within Rose Harbor. A petition has been filed with the City Clerk and approved by the City Council on January 3, 2000. Feasibilitv Report We report that this project is feasible and recommend its construction. The location of this project is within an area proposed for residential development. Development of the area has been very slow due to number of different owners of land within the project area. This project would allow the vacant properties to develop on public sewer, watermain and a new roadway. This project has not been budgeted for in the City's Capital Improvement Program. The costs of this project should be paid from assessments collected from the benefiting properties. The project consists of the construction of sanitary sewer, watermain, storm sewer, subdrain and an urban bituminous roadway with concrete curb & gutter to serve the vacant lots within a portion of Rose Harbor. As part of the cost estimates we have anticipated the presence of subsurface rock, which may increase the cost of construction. i -2- FEBRUARY 3, -100 The estimated costs of the project were developed without the benefit of construction plans, topographic survey, soil borings or other engineering information. The estimated costs are outlined as follows: LoriligiLe o Street Construction Street Construction 1700 $74.47 $126,600.00 Sanitary Sewer 1700 $81.01 $137,712.00 Watermain 1845 $35.06 $64,680.00 Storm Sewer & Subdrain 1760 $97.78 $172,098.00 Service Connections 33 800 $26,400.00 Sub Total Engineering/Contingency/Interest 30% TOTAL Total less service connections $527,490.00 $158,247.00 $685, 737.00 $659,337.00 The total assessable frontage for the project is estimated at 2840 front feet. We recommend that the necessary costs to be collected for this project be done so in accordance with the existing assessment and connection charge policies. There is not any City share for this project. This project is well short of the desired 60% guideline the Council desires for an economically feasible project. However, considering the number of different land owners in the area and the amount of construction needed, a City assessment project is the logical method to construct the needed infrastructure. For this project to proceed the petitioner should enter into an agreement for the proportionate share of the costs applicable for their property. Staff would recommend that the petitioner's costs be assessed over a 2 year period. The assessment term for the remaining parcels should be consistent with the current policies in effect. Submitted for your consideration: Michael igbur Land Development Manager i� L�,— Douglas Nelson, PE Engineering Manager 11 - 3 - FEBRUARY 3, 2000 BUDGET AND ASSESSMENT SCHEDULE FOR CONSTRUCTION CONTRACT Project No: Date (Orig.) J No: Description: Sanitary Sewer, Watermain, Storm Sewer. Subdrain and Roadway to serve vacant lots within Rose Harbor. Contract PProdeet Cost Summary Project Budget Cost Final Cost Roadway $126,600.00 Sanitary Sewer $137,712.00 Water Main $64,680.00 Storrs Sewer $172,098.00 Services $26,400.00 Subtotal $527,490.00 Engineenng/Cont.1 Interest $158.247.00 Total Construction & Expense $669,337,00 Total Assessable Frontage Undeveloped Property 2838.24 _ Total 2447.07 fiawara Water- Roadway• Project Assessment Rate $239.91$71.0orrr $166.31 Distribution To be presently collected 5567,i To be deferredipostponed City's Share $0.00 Tax Increment Financing _$321710.0 Municipal State Aid $0.00 Total $659,337.00 Revenue Sources Total Revenue Connecdon/Assessment Charge $626,587.00 Water Availability Charge $0.00 Sewer Availability Charge $0.00 Tax Increment Financing City Share $0.00 TOTAL $659,337.00 Make Initial Disbursement from P. I. R. Fund �ar000 �'J�u ��'r' ►� REQUEST FOR COUNCIL ACTION MEETING ;)IJ I / DATE: 3/20/00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS Public Works �► -'�, tteM DESCRIPTION: ASSESSMENT HEARING: "Public Improvements to Sunset Ave, PREPARED BY - Rose Rose Ave, and Harbor Parkway in Rose Harbor" J-9656 D. Nelson This is a Hearing to consider levying of the proposed assessments regarding the following public improvement project: "Public Improvements to Sunset Ave, Rose Ave, and Harbor Parkway in Rose Harbor" Project No. 8701-8-97, J-9656 The estimated costs for this project are: Street $126,600 Sanitary Sewer 137,712 Watermain 64,680 Storm sewer & Subdrain 172,098 Service Connections 26,400 Engineering, Interest & Contingency $158,247 TOTAL: $659,337 Total Estimated Funding Distribution: Special Assessments Frontage $626,587 Tax Increment Financing 32,750 City Share 0 Total: $659,337 Project Assessment Rate: $239.92/ft (Sewer & Water: $71.00/ft; Roadway: $168.91/ft) Assessment Period = 10 years The project is scheduled for construction in 2000. No payments of the assessments are required until the project is substantially completed. Assessment Notices (invoices) will be sent to the owners of the property abutting the project at that time. COUNCIL ACTION REQIUESTED: Adopt a resolution levying the proposed assessments. vJUNCIL ACTION: Motion by: second by: to: 7 -o REQUEST FOR COUNCIL ACTION AGENDA SECTION: ORIGINATING DEPT: REPORTS AND RECOMMENDATIONS CITY ADMINISTRATOR ITEM DESCRIPTION: NEIGHBORHOOD DEVELOPMENT COORDINATOR MEETING ;t? DATE: _'U 00 ITEM NO. -I PREPARED BY: S. KVENVOLD Jerry Dooley has served as the Neighborhood Development Coordinator for the past two years and has been paid through a Local Law Enforcement Block Grant. Mr. Dooley's contract expired on 311100 and it has been determined that this type of expenditure can no longer be legally paid by the federal grant funds. Mr. Dooley has indicated that efforts are underway to establish a Neighborhood Foundation by 1/1/01, which would be independent of the City of Rochester and would be seeking their own funding sources for a Director. Therefore, if Mr. Dooley's position is to be continued for the remainder of 2000, some action will need to be taken to extend the agreement with Mr. Dooley or formulate a new agreement and identify a funding source. The revenue from the alarm ordinance has been mentioned as a funding source; however, I believe that the Contingency Account would be the most appropriate funding source, if it is determined that the Neighborhood Development Coordinator position is to be continued to 12/31/00. COUNCIL ACTION REOUESTED: The Council should determine: If the Neighborhood Development Coordinator position is to be continued to 12/31/00. If so, the existing agreement should be extended or a new agreement formulated. The rate of compensation should be determined. Mr. Dooley was compensated at the rate of $17,000 per year or $1,417 per month for the past 12 months. 4. The necessary funds should be appropriated from the 2000 Contingency Account. COUNCIL ACTION: Motion CITY OF ROCHESTER, MINNESOTA FINANCE DEPARTMENT IWO MEMORANDUM DATE: March 16, 2000 TO: Stevan Kvenvold, City Administrator FROM: Bruce Atkinson, Assistant Finance Director SUBJECT: Neighborhood Development Coordinator The Council approved the extension of the agreement with Jerry Dooley as Neighborhood Development Coordinator on 3/1/99, for a one year period for an amount of $17,000, From 3/1/99 through today, Jerry Dooley has been paid $16,999,65, through the Local Law Enforcement Block Grant #3. $16,183 in funding remains available in that grant. There are no funds budgeted to fund Jerry Dooley's contract in the new LLEB grant, recently approved. It appears that in order to continue the agreement with Mr. Dooley, Council needs to take action to extend the agreement and specify a source of funding. Cc: 227-4117-Law Enforcement Block Grant #3 Finance Department Bruce Atkinson N: \FINANCE\B R UC E\W P DOC\PO LIC EE\L EBGRN7\DooleyExt.doc 03/16100 ACCOUNTS PAYABLE S C >; 9l / 57 Vendor: 230501 ^�partment: om Date: 3 99 .,,ru Date: 2 00 DATE SRC FND DEPT 2 29 00 1 227 4117 2 1 00 1 227 4117 12 28 99 1 227 4117 11 23 99 1 227 4117 10 29 99 1 227 4117 10 8 99 1 227 4117 9 28 99 1 227 4117 8 27 99 1 227 4117 7 30 99 1 227 4117 6 25 99 1 227 4117 6 4 99 1 226 4119 6 4 99 1 226 4119 5 25 99 1 227 4117 4 30 99 1 227 4117 3 23 99 1 227 4117 Name: DOOLEY GERALD R Address: 117'2'COLL9GE AVENUE City/ST: RED WING.,........ MN SUBLD GENL REFERENCE CHECK C OR J AMOUNT 11390 2461 FEB2000 97995 J4117 1,416.55 11390 2461 JANUARY 2000 97139 J4117 1,416.55 11390 2461 DECEMBER 99 95875 J4117 1,416.55 11390 2461 11/1-30/99 94836 1,416.68 11390 2461 10/1-10/31/9 93899 1,416.77 13090 2461 93297 135.00 11390 2461 9/1-9/30/99 92905 1,416.55 11390 2461 8/1-8/31/99 91859 1,416.70 11390 2461 7/1-7/31/99 90938 1,416.66 11390 2461 89949 1,416.66 12111 2461 NUSA5/26WISC 88987 387.60 13040 2461 J MCKNIGHT 88987 57.00 11390 2461 5/1-5/31/99 88951 1,416.66 11390 2461 4/1-4/30/99 88019 1,416.66 11390 2461 3/1-31/99 86994 1,416.66 1>;•JJ- 3J1•-�J- 10+9�3•oJ+ F7=A/R SCAN F8=VENDOR INQ F9=ALPHA SCAN TOTAL 17,579.25 a' `p REQUEST FOR COUNCIL ACTION MEE7NG DATE: 3/1199 CONSENT COORDINA,70R D-2- S �2_Z-7-�Iri> ,LG4S96 Jerry Dooley has a one-year contract with the City of Rochester to serve as the Neighborhood Development Coordinator. The current contract pays Mr. Dooley $14,000 for his services. The source of funding is a Local Law Enforcement Block Grant. Mayor Canfield requests that the City of Rochester enter into a new one-year contract with Mr. Dooley and that the payment for Mr. Dooley's services be increased to $17,000. The funding for the contract would come from a Law Enforcement Block Grant (#3) accepted by the City Council on 12/7/98. The amount of this grant was $61,424. COUNCIL ACTION REOUESTED: Request a motion authorizing the Mayor and City Clerk to execute a contract with Mr. Dooley for Neighborhood Development Coordinator duties in the amount of $17,000. 0- n 17,U91•- 24•= 7133.33r 7'J .3 • 3 3 � �¢•/;�ti�crt-v � ���� //.a.�rvr�z� OUNCIL ACTION: mcdon W. sewna W.. to: C97? AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF ROCHESTER, MINNESOTA AND GERALD R. DOOLEY THIS AGREEMENT, made and entered into this 14777Y day of H 1998, by and between the CITY OF ROCHESTER, a Minnesota municipal corporation, hereinafter referred to as "City", and GERALD R. DOOLEY, of Rochester, Minnesota, 55402, hereinafter referred to as "Coordinator." WHEREAS, the City is interested in obtaining the services of a neighborhood organization coordinator in the City of Rochester; and, WHEREAS, the Coordinator is able to provide professional services in the coordination of neighborhood associations; NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the City and Coordinator agree as follows: 1. Purpose Coordinator will provide professional consulting services to the City relating to the coordination of Rochester neighborhood organizations and City will pay Coordinator using funds from a federal grant. 2. Services to be Provided Coordinator will provide consulting services to the Mayor relating to the following goals: a) building and strengthening of neighborhoods through neighborhood organizations; b) locating and sharing the existence of public and private resources available for neighborhood groups, and assisting the groups' efforts to receive those resources; c) increase the effective and meaningful communications among neighborhood.groups and community resources; 01 Payment for Services City shall pay Coordinator the sum of $14,000 per year payable in equal installments on the 16th of each month beginning on March 16, 1998. 4. Term of Agreement This Agreement shall be effective for one year beginning on March 16, 1998, and may be renewed for additional time periods as mutually agreed to by the parties. Independent Contractor Nothing contained in construed as creating City and Coordinator. including workers' medical care, sick le or other benefits ava Coordinator or his agreement. lea Insurance this Agreement is intended or should be an employment relationship between the No tenure or any rights or benefits, compensation, unemployment insurance, ve, vacation leave, severance pay, PERA, lable to City employees, shall accrue to employees performing services under this Coordinator shall secure and maintain such insurance as Coordinator deems necessary or appropriate to protect himself from claims under Workman's Compensation, accidents, claims for bodily injury, death or property damage, or errors or omissions which may arise from the completion of the services contracted under this Agreement. 7. Records and Data Practices Pursuant to Minn. Stat., Section 16H.06, subd. 4, Coordinator agrees that the City, the State Auditor or Legislative Auditor as appropriate, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of Coordinator and involve transactions relating to the Agreement. Coordinator agrees to maintain these records for a period of three years from the date of termination of the Agreement. `r9 2 Merger and Modification it is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items referred to in this Agreement are incorporated or attached and are deemed to be part of the Agreement. Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an amendment and signed by the parties. 9. Default and Cancellation If Coordinator fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute default. Unless Coordinator's default is excused, the City may, upon written notice, immediately cancel this Agreement in its entirety. Coordinator may cancel this Agreement thirty days following City's receipt of written notice of such cancellation. 10. subcontracting and Assignment Coordinator shall notify the Mayor of any subcontracts entered into for the performance of any services contemplated under the Agreement. Coordinator shall be responsible for the performance of all subcontractors. 11. Nondiscrimination During the performance of the Agreement, Coordinator agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed or national origin be excluded from full employment rights in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. n CITY OF ROCHESTER, a Minnesota GERALD R. DOOLEY Municipal Corporation B At y 7 By CGl Its/'Mayor - } test �i�✓ Its City* Clerk Approved to Form jaw fQko'-s city AtZ6tney STATE OF MINNESOTA) ) ss COUNTY OF OLMSTED ) The foregoing instrument was acknowledged before me this /64�1 day of Wa(.- Yl , 1998, by Charles J. Canfield and Judy Scherr, the Mayor and City Clerk, respectively, of the City of Rochester, a "Minnesota municipal corporation on behalf of the corporation. Notary Public VpaPETS METrewl, pAY PUEUC - MIIiNE50TA OOOM EXON is& 31. 2000 4 STATE OF MINNESOTA) � ss COUNTY OF OLMSTED ) On this 1G� day of 1998, before me, a notary public within and for said county personally appeared Gerald R. Dooley personally known to me to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed on his own beh lf. ® VALIG.PETERSON � 1��� t OTi1RYPUBLIC - C4N4E" Notary Public My c mm. E=raz "A 3 REQUEST FOR COUNCIL ACTION ,PORTS AND RECOMMENDATIONS CITY ATTORNEY'S OFFICE rrEM DESCRIPTION: AMENDED FINDINGS OF FACT DOCUMENT FOR BITUMINOUS PLANT OPERATION IN THE RESTRICTED DEVELOPMENT CONDITIONAL USE PERMIT #98-05, FOR PROPERTY LOCATED SOUTH OF 40T" STREET S. W WEST OF TH 63 MEETING" 3 DATE: 20+00 ITEM NO. F- R PREPARED BY: At the March 6, 2000, Council meeting, the Council reviewed the bituminous plant operation portion of Mr. Kottschade's proposed Restricted Development Amendment to Conditional Use Permit #98-05. The Council "review" occurred as required by paragraph 11 of the March 31, 1999, Findings of Fact, Conclusions of Law and Order. That paragraph stated that "the Council should review that portion of the request concerning the operation of the bituminous plant no later than July of 2000." During the March 6" public hearing, there was considerable confusion as to the term "review." Did the Council intend the "review" to simply be an opportunity to receive a progress report on the bituminous plant's operation? Or, did the Council intend to provide a temporary conditional use permit for the bituminous plant to expire in July, 2000, but which may be further extended following a review of the plant's operations? After reviewing the various documents in my possession and in the possession of the Planning and Zoning Department, as well as listening to the audio tapes of the March 15, 1999, Council meeting, it is my conclusion that the Council's March 15, 1999, action was to grant a temporary conditional use permit the bituminous plant which would expire in July, 2000, but which may be renewed depending upon a liew of the plant's first year of operations. The audio tape contains a discussion among Council President Hunziker, Council Member Hansen and Attorney John Arnold which suggests the Council intended to approve the bituminous plant operation only for a specific time period to be followed by some decision in determining whether to extend the permit. For example, Council Member Hansen asks "if we could put a year, yearly, not yearly, but a time limit or a number of years so that we could go back and review it." Attorney John Arnold tells Council President Hunziker that "I understand it would expire. I guess what we'd like to see if we got to come back to the Council, that's fine at that time." He also states, "[i]t would be just to say it was a temporary permit that we could extend subject to its meeting its conditions." It is my opinion that the March 31, 1999, Findings of Fact document needs to be amended to accomplish three objectives. First, the document should state that the Planning Commission recommended denial of the proposed amendment (the document erroneously states the Commission recommended approval of the proposed amendment). Second, the document should note that the portion of the amendment to Conditional Use Permit #98-05 concerning the operation of the bituminous plant is a temporary permit which will expire on a specific date, but which may be extended based upon a review of the plant's operation. Third, the document should note the expiration date of the temporary permit is November 6, 2000 (which is the date agreed -upon at the March 6, 2000, Council meeting). WUNCIL ACTION: Motion by: second id % --o Wi Request for Council Action Page 2 March 20, 2000 At the conclusion of the March 20, 2000, council meeting, I indicated to the Council that there was no need for a Findings of Fact document in order to implement the change to the November 6, 2000, date. A simple resolution making that change should suffice. However, after reviewing all of the materials and discovering the need to amend the March 31, 1999, Findings of Fact document so that it more accurately reflects the Council's intent, I now believe there is a need for an amended Findings of Fact document. Accordingly, I have prepared an Amended Findings of Fact, Conclusions of Law and Order. The Amended Findings of Fact document is attached for your review. A number of documents are attached to this document including a partial transcript of that portion of the March 15, 1999, Council meeting audio tape which discussed the operation of the bituminous plant. On March 13, 2000, I sent a copy of this Request for Council Action along with the attachments to Attorney John Arnold so that he and his client are aware of my recommendation for an Amended Findings of Fact document. Council Action Requested If the Council agrees with the Amended Findings of Fact, Conclusions of Law and Order, it should move to adopt the document. BEFORE THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA In Re: Restricted Development Amended Amendment to Findings of Fact, Conditional Use Permit Conclusions of Law, #98-05 by and Order Franklin P. Kottschade On March 15, 1999, the City of Rochester Common Council conducted a public hearing, upon notice to the public, to consider the Planning and Zoning Commission's recommendation in response to a request by Franklin P. Kottschade (hereinafter "Applicant") for a Type III, Phase II Amendment to Restricted Development Conditional Use Permit #98-05. The amendment would allow the Applicant to expand a granular material processing area on the south side of Willow creek by approximately 9.42 acres and to add a portable bituminous drum mixer facility (hereinafter "Bituminous Plant"). The mining operation is generally located on a portion of the property bounded by 40"' Street S.W., Trunk Highway 63 South, 1 Vh Avenue S.W., (hereinafter referred to as "Site"). On January-27, 1999, the Planning and Zoning Commission conducted a public hearing and adopted a recommendation concerning the requested amendment. The Commission filed its findings and recommendation with the Common Council pursuant to Section 60.532(4) of the Rochester Code of Ordinances. This hearing resulted as required by R.C.O. §60.532(5). At the hearing, Attorney John Arnold and other persons representing the Applicant testified in favor of the Applicant's request. No one appeared in opposition to the request. i The Council adopted Findings of Fact, Conclusions of Law and Order which approved the Applicant's request subject to nine conditions. (This document was signed on March 31, 1999). In the Findings of Fact document, the Council included the following statement in its decision: Council member Hansen indicated that the Council should review that portion of the request conceming the operation of the bituminous plant no later than July of 2000. That review should come directly to the Council without payment of any application or filing fee. On March 6, 2000, the City of Rochester Common Council conducted a public hearing, upon notice to the public, to review the Bituminous Plant's operation. During the March 611 hearing, there was confusion and doubt about the scope and extent of the term "review" as it was found in the March 31, 1999, Findings of Fact document. Additionally, the Council determined that, since the Bituminous Plant had not yet begun its operation, there was a need for another review to occur in the future. In order to more adequately state the Council's March 31, 1999, decision and intent, and in order to remove all doubt from this process, the Council has determined it is appropriate to amend its March 31, 1999, Findings of Fact, Conclusions of Law and Order. Furthermore, the Amended Findings of Fact document will incorporate the Council's March 6, 2000, decision to extend that portion of the Restricted Development Amendment to Conditional Use Permit #98-05 relating to the Bituminous Plant to November 6, 2000. Accordingly, based upon the evidence presented at all of the public hearings, the Common Council of the City of Rochester does hereby make the following findings of fact, conclusions of law, and order. rN s. FINDINGS OF FACT 1. This matter is properly before the Common Council pursuant to R.C.O. §60.532(5) and Minn. Stat. §462.3595, subd. 2. 2. Franklin P. Kottschade applied for a Type III, Phase 11 Amendment to Restricted Development Conditional Use Permit #98-5 so as to allow for the following modifications to Permit #98-5: a) extension of the area designated for processing of granular materials by 9.4 acres to the west; b) addition of a bituminous batch mixing plant, the location of which would be limited to the most easterly part of the processing area and that includes the following: addition of traffic associated with the bituminous plant, processing of materials originating off -site as needed for producing and processing the bituminous and an extension of the hours/days of operation limitations for the bituminous plant from 7:00 am to 5:00 pm, Monday through Friday that currently applies to processing on -site to allow the plant to operate 7:00 am to 7:00 pm, Monday through Friday and on Saturdays as needed; c) modification of haul roads; and d) addition of stock pile locations 3. Multiple provisions of the Rochester Code of Ordinances apply in analyzing the request. 4. R.C.O. §61.146 lists the standards for conditional use permits and reads as follows: 61.146 Standard for Conditional Uses: The zoning administrator, Commission or council shall approve a development permit authorizing a conditional use unless one or more of the following findings with respect to the proposed development is made: 3 I FM 1) Provisions for vehicular loading, unloading, parking and for vehicular and pedestrian circulation on the site and onto adjacent public streets and ways will create hazards to safety, or will impose a significant burden upon public facilities. 2) The intensity, location, operation, or height of proposed buildings and structures will be detrimental to other private development in the neighborhood or will impose undue burdens on the sewers, sanitary and storm drains, water or similar public facilities. 3) The provision for on -site bufferyards and landscaping does not provide adequate protection to neighboring properties from detrimental features of the development. 4) The site plan fails to provide for the soil erosion and drainage problems that may be created by the development. 5) The provisions for exterior lighting create undue hazards to motorists traveling on adjacent public streets or are inadequate for the safety of occupants or users of the site or such provisions damage the value and diminish the usability of adjacent properties. 6) The proposed development will create undue fire safety hazards by not providing adequate access to the site, or to the buildings on the site, for emergency vehicles. 7) In cases where a Phase I plan has been approved, there is a substantial change in the Phase II site plan from the approved Phase I site plan, such that the revised plans will not meet the standards provided by this paragraph. 8) The proposed conditional use does not comply with all the standards applying to permitted uses within the underlying zoning district, or with standards specifically applicable to the type of conditional use under consideration, or with specific ordinance standards dealing with matters such as signs which are part of the proposed development, and a variance to allow such deviation has not been secured by the applicant. 5. R.C.O. §61.147 states that in considering an application for a development permit to allow a conditional use, the Council shall consider and may impose modifications or conditions to the extent they are needed to ensure compliance with the criteria provided by R.C.O. §61.146. a 6. R.C.O. §62.824 states that when reviewing a conditional use permit in any of the flood districts, the following factors, in addition to the standards of R.C.O §61.146, shall also be considered: 1) The danger to life and property due to increased flood heights or velocities caused by encroachments. 2) The danger that materials may be swept onto other lands or downstream to the injury of others. 3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary condition. 4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. 5) The importance of the services provided by the proposed facility to the community. 6) The need for a waterfront location for the facility. 7) The availability of alternative locations not subject to flooding for the proposed use. 8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. 9) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. 10) The safety of access to the property in times of flood for ordinary and emergency vehicles. 11) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. 12) Such other factors which are relevant to the purposes of Paragraph 62.800 5 Wqo 7. Other ordinances that apply to this request include Sections 62.1006 and 62.1010. 8. Following its January 27, 1999, public hearing, the Planning and Zoning Commission considered the testimony, applied the applicable criteria and recommended denial of the Applicant's request. 9. The Planning and Zoning Department staff had recommended approval of the Applicant's request subject to the following eight conditions: (1) Report dates included on the supplemental report do not coincide with report dates on file with the Planning Department. The Applicant shall correct dates or clarify with staff the reason for the discrepancies. Also, corrections to the report be made that refer to available access to Highway 63 since no permits have been issued by the Minnesota Department of Transportation for the mining/processing uses; (2) The Applicant shall provide proof of approval from the Minnesota Department of Transportation to utilize access directly to Highway 63 for this use; (3) Importation of materials for processing be limited only to that necessary for the bituminous batch plant/bituminous production; (4) All conditions, modifications or restrictions applied to conditional use permits previously approved remain in effect except for the extension of hours/days of operation applied to the bituminous plant which may operate from 7am- 7pm, Monday through Friday and on Saturdays as needed; (5) Additional signage and warning signals be utilized along 400 Street S.W., and Highway 63 to maximize safety and identify slow moving trucks within the area; (6) Access to 40"' Street S.W., east of Willow Creek, is temporary and direct access to Highway 63 for mining/processing uses has not been approved or issued by the Minnesota Department of Transportation. The Applicant shall identify alternative access routes and haul road accesses to public roadways that may be utilized if the current accesses shown on the Plan are not available for use in the future; 6 kiu (7) A wetland investigation shall be completed and approved for potions of the Site not previously field -reviewed by the local government unit and the Applicant shall obtain a No Loss Certificate, exemption or approved replacement plan prior to disturbing the area; (8) Revised plans be submitted to the Planning Department that correctly reflect previous approvals and that include any modifications required through this amendment. 10. At the March 15, 1999, Common Council public hearing, Attorney Arnold and the City Attorney mutually agreed that the seventh condition should be amended to read as follows: (7) Subject to the final result of any declaratory judgment action which may be filed concerning this issue, a wetland investigation shall be completed and approved for portions of the Site not previously field -reviewed by the local government unit and the Applicant shall obtain a No Loss Certificate, exemption or approved replacement plan prior to disturbing the area. 11. At the March 15, 1999, Common Council public hearing, Attorney Arnold testified iat the Applicant agreed to all eight conditions, including the seventh condition as amended, and agreed to a ninth condition that should read as follows: (9) When the bituminous plant is operating, other adjacent mining operations would not be operating so as to minimize truck traffic. 12. The Council adopted Findings of Fact, Conclusions of Law and Order, dated March 31, 1999, in order to memorialize its actions on March 15, 1999. A copy of this document is attached and identified as Exhibit A. The March 31, 1999, Findings of Fact document included the following statement: Council member Hansen indicated that the Council should review that portion of the request concerning the operation of the bituminous plant no later than July of 2000. That review, should come directly to the Council without payment of any application or filing fee. ri Aq�- 13. The Council conducted the "review" as described above at a public hearing held on March 6, 2000. During that hearing, there was considerable confusion among staff and Council Members as to what was meant by the term "review" as used in the March 31, 1999, Findings of Fact document. 14. Following the March 6, 2000, hearing, the City Attorney provided the Council with various documents which will allow the Council to determine correctly its intent with respect to the approval of the Bituminous Facility as well as the need for a review in July, 2000. 15. Specifically, the Council reviewed a transcript of relevant portions of the audio tape of the March 15, 1999, Council Meeting. A copy of the transcript is attached and identified as Exhibit B. That transcript indicates the Council intended to grant a temporary Restricted Development Amendment to Conditional Use Permit #98-05 with respect to the operation of a Bituminous Plant. Specifically, the temporary Restricted Development Amendment to Conditional Use Permit #98-05 would expire in July of 2000, but would be eligible for renewal or extension depending upon the Council's review of the operation of the Bituminous Plant and its effect upon the adjacent properties. 16. The Council also reviewed Attorney John Arnold's February 9, 2000, letter to Mitzi Baker. A copy of that letter is attached and identified as Exhibit C. In that letter, Attorney Arnold states that '[w]e are also requesting that the permit for the operation of the bituminous plant be extended to coincide with the length of time that the Restricted Development Conditional Use Permit #98-05 is in existence rather than having continued reviews." a BE 17. The Council also reviewed Michael Nigburs December 18, 1998, memo to the Consolidated Planning Department. A copy of that memo is attached and identified as Exhibit D. In that memo, Mr. Nigbur states that "[t]he various CUP Permits should be reviewed annually for conformance of the original conditions. Specifically the access to the site on 40t' Street was only approved as a temporary two year permit. Any activities utilizing this access should be subject to the terms (of the] temporary drive way (sic] permit. The expiration of the permit is July 20, 2000." 18. The Council also reviewed Mitzi Bakers handwritten notes to her copy of the March 15, 1999, Request for Council Action. A copy of her notes is attached and identified as Exhibit E. In her notes, Ms. Baker states, "approve till July 2000." 19. At the March 6, 2000, public hearing, the Council was unable to review the first year operation of the Bituminous Plant as the plant had not yet begun operations. According to Attorney Arnold's letter, the Bituminous Plant was not placed into operation during the 1999 construction season. See Exhibit C. The reason the Bituminous Plant had not yet begun to operate, according to Attorney Arnold, is that the Applicant had not yet satisfied condition #7 as amended. �0101 ► w IL1,606MR116rawlyin 1. This matter is property before the Common Council pursuant to R.C.O. §60.532 and Minn. Stat. §462.3595. E 2. The Council determines there is ambiguity and confusion concerning the use of the term "review" in the Council's March 31, 1999, Findings of Fact, Conclusions of Law and Order. This document memorializes the Council's decision reached at its March 15, 1999, meeting in response to the Applicant's request. 3. Accordingly, it is appropriate and useful for all parties concerned to adopt this Amended Findings of Fact, Conclusions of Law and Order in order to supersede the March 31, 1999, document and to resolve all doubt and confusion. 4. By a preponderance of the evidence presented, the Common Council determines that there is a legal basis to approve the amendment to Restricted Development Conditional Use Permit #98-05 to allow the expansion of a granular material processing area on the south side of Willow Creek by approximately 9.42 acres if the Applicant complies with the nine conditions described herein. 5. By a preponderance of the evidence presented, the Common Council determines that there is a legal basis to temporarily approve the amendment to Restricted Development Conditional Use Permit #98-05 to add a Bituminous Plant for a specific time period if the Applicant complies with nine conditions described herein. This temporary approval shall expire on November 6, 2000, but may be renewed or extended by the Council at that time following its review of the operation of the Bituminous Plant. The Council's decision on any renewal or extension of this temporary permit shall be guided by the criteria set out in R.C.O. §§61.146, 62.708, 62.824, 62.1006 and 62.1010 as well as the nine conditions described herein. 10 Kwo 6. By a preponderance of the evidence presented, the Council determines that the nine conditions and the temporary approval of the Bituminous Plant should be imposed, pursuant to Section 61.147, to ensure compliance with R.C.O. §§61.146, 62.708 and 62.824. The Common Council of the City of Rochester, pursuant to R.C.O. §§60.532(5), 61.146, 62.708, 62.824, 62.1006 and 62.1010 does hereby approve the amendment to Restricted Development Conditional Use Permit #98-05 so as to expand a granular material processing area on the south side of Willow Creek by approximately 9.42 acres subject to the nine conditions listed herein. The Common Council also temporarily approves the amendment to Restricted ^-velopment Conditional Use Permit #98-05 so as to add a portable bituminous drum mixer racility for a specific time period if the Applicant complies with nine conditions listed herein. This temporary approval shall expire on November 6, 2000, but may be renewed or extended by the Council at that time following its review of the operation of the Bituminous Plant. The Common Council also orders the rescission of its March 31, 1999, Findings of Fact, Conclusions of Law and Order which it adopted in response to Applicant's request. Dated at Rochester, Minnesota this day of March, 2000. Fot.zone\coaduee2.amd985.ia[ John Hunziker, President of the Rochester City Council 11 ME ON. c BEFORE THE COMMON COUNCIL CITY OF ROCHESTER, MINNES07A in Re: Restricted Develooment Amendment to Findings of Fact, Conditional Use Permit Conclusions of Law, #98-05 by and Order Franklin P. Kottschade On March 15, 1999, the City of Rochester Common Council conducted a public hearing, upon notice to the public, to consider the Planning and Zoning Commission's recommendation in response to a request by Franklin P. Kottschade (hereinafter "Applicant") for a Type III, Phase II Amendment to Restricted Development Conditional Use Permit #98-05. The amendment would allow the Applicant to expand a granular material processing area on the south side of Willow Creek by approximately 9.42 acres and to add a portable bituminous drum mixer facility. The mining operation is generally located on a portion of the property bounded by 40' Street S.W., Trunk Highway 63 South, 11' Avenue S.W.,(hereinafter referred to as "Site"). On January 27, 1999, the Planning and Zoning Commission conducted a public hearing and adopted a recommendation concerning the requested amendment. The Commission filed its findings and recommendation with the Common Council pursuant to Section 60.532(4) of the Rochester Code of Ordinances. This hearing resulted as required by R.C.O. §60.532(5). At the hearing, Attorney John Arnold and other persons representing the Applicant testified in favor of the Applicant's request. No one appeared in opposition to the request. i Based upon the evidence presented at both hearings, the Common Courul of the City -of Rochester does hereby make the following findings of fact, conclusions of law, and order. FINDINGS OF FACT This.matter is properly before the Common Council pursuant to R.C.O. §60.532(5) and Minn. Stat. §462.3595, subd. 2. 2. Franklin P. Kottschade applied for a Type III, Phase II Amendment to Restricted Development Conditional Use Permit #98-5 so as to allow for the following modifications to Permit #98-5: a) extension of the area designated for processing of granular materials by 9.4 acres to the west; b) addition of a bituminous batch mixing plant, the location of which would be limited to the most easterly part of the processing area and that includes the following: addition of traffic associated with the bituminous plant, processing of materials originating off -site as needed for producing and processing the bituminous and an extension of the hours/days of operation limitations for the bituminous plant from 7:00 am to 5:00 pm, Monday through Friday that currently applies to processing on -site to allow the plan to operate 7:00 am to 7:00 pm, Monday through Friday and on Saturdays as needed; c) modification of haul roads; and d) addition of stock pile locations 3. Multiple provisions of the Rochester Code of Ordinances apply in analyzing the request. 4. R.C.O. §61.146 lists the standards for conditional use permits and reads as follows: 61.146 Standard for Conditional Uses: The zoning administrator, Commission or council shall approve a development permit authorizing a conditional use unless one or more of the following findings with respect to the proposed development is made: 2 WOI ?) Previsions for vehicular leading, unloading, parking and for vehicular and cedestnan circulation on the site and onto adjacent public streets and ways will create hazards to safety, or will impose a significant burden upon public facilities. 2) The intensity, location, operation, or height of proposed buildings and structures will be detnmentai to other private development in the neighborhood or will impose undue burdens on the sewers, sanitary and storm drains, water or similar public facilities. 3) The provision for on -site bufferyards and landscaping does not provide adequate protection to neighboring properties from detrimental features of the development. 4) The site plan fails to provide for the soil erosion and drainage problems that may be created by the development. 5) The provisions for exterior lighting create undue hazards to motorists traveling on adjacent public streets or are inadequate for the safety of occupants or users of the site or such provisions damage the value and diminish the usability of adjacent properties. 6) The proposed development will create undue fire safety hazards by not providing adequate access to the site, or to the buildings on the site, for emergency vehicles. 7) In cases where a Phase I plan has been approved, there is a substantial change in the Phase II site plan from the approved Phase I site plan, such that the revised plans will not meet the standards provided by this paragraph. 8) The proposed conditional use does not comply with ail the standards applying to permitted uses within the underlying zoning district, or with standards specifically applicable to the type of conditional use under consideration, or with specific ordinance standards dealing with matters such as signs which are part of the proposed development, and a variance to allow such deviation has not been secured by the applicant. 5. R.C.O. §61.147 states that in considering an application for a development permit to allow a conditional use, the Council shall consider and may impose modifications or conditions to the extent they are needed in ensure compliance with the criteria provided by R.C.O. §61.146. 3 6. R.C.O §62,824 states that when renewing a ccrditicnal use permit in any Cf t:e ( locd districts, the following factors, in addition to the standards of R.C.0 §61.146, shall also de considered: 1) The danger to life and property due to increased flood heights or velocities caused by encroachments. 2) The danger that materials may be swept onto other lands or downstream to the injury of others. 3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary condition. 4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. 5) The importance of the services provided by the proposed facility to the community. 6) The need for a waterfront location for the facility. 1 0 7) The availability of alternative locations not subject to flooding for the proposed use. 8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. 9) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. 10) The safety of access to the property in times of flood for ordinary and emergency vehicles. 11) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. 12) Such other factors which are relevant to the purposes of Paragraph 62.800. a 7 Other ordinances that apply to this request ncluce Sectors 62.1006 and 62.1010. B. Following its January 27, 1999, public hearing, the Planning and Zoning Commission considered the testimony, applied the applicable criteria and recommended approval subject to the following five conditions: (1) Report dates included on the supplemental report do not coincide with report dates on file with the Planning Department. The Applicant shall correct dates or clarify with staff the reason for the discrepancies. Also, corrections to the report be made that refer to available access to Highway 63 since no permits have been issued by the Minnesota Department of Transportation for the mining/processing uses; (2) The Applicant shall provide proof of approval from the Minnesota Department of Transportation to utilize access directly to Highway 63 for this use; (3) Importation of materials for processing be limited only to that necessary for the bituminous batch plant/bituminous production; (4) All conditions, modifications or restrictions applied to conditional use permits previously approved remain in effect except for the extension of hours/days of operation applied to the bituminous plant which may operate from 7am- 7pm, Monday through Friday and on Saturdays as needed; (5) Additional signage and warning signals be utilized along 400 Street S.W., and Highway 63 to maximize safety and identify slow moving trucks within the area; (6) Access to 400' Street S.W., east of Willow Creek, is temporary and direct access to Highway 63 for mining/processing uses has not been approved or issued by the Minnesota Department of Transportation. The Applicant shall identify alternative access routes and haul road accesses to public roadways that may be utilized if the current accesses shown on the Plan are not available for use in the future; (7) A wetland investigation shall be completed and approved for portions of the Site not previously field -reviewed by the local government unit and the Applicant shall obtain a No Loss Certificate, exemption or approved replacement plan prior to disturbing the area; 5 �I' (8) Revised plans be submitted to the Planning Department that correctly reflect previous approvals and that include any modifications required through this amendment. 9. At the March 15' Common Council public hearing, Attorney Arnold and the City Attorney mutually agreed that the seventh condition should be amended to read as follows: (7) Subject to the final result of any declaratory judgment action which may be filed concerning this issue, a wetland investigation shall be completed and approved for portions of the Site not previously field -reviewed by the local government unit and the Applicant shall obtain a No Loss Certificate, exemption or approved: replacement plan prior to disturbing the area. 10. At the March 151 Common Council public hearing, Attorney Arnold testified that the Applicant agreed to all seven conditions, including the seventh condition as amended, and =greed to a ninth condition that should read as follows: (9) When the bituminous plant is operating, other adjacent mining operations would not be operating so as to minimize truck traffic. 11. Council member Hansen indicated that the Council should review that portion of the request concerning the operation of the bituminous plant no later than July of 2000. That review should come directly to the Council without payment of any application or filing fee. [GEORL01• 1. This matter is property before the Common Council pursuant to R.C.O. §60.532 and Minn. Stat. §462.3595. 6 2By a preponderance of the evidence presented, the Common Council determines that there is a legal basis to approve the amendment to Restricted Development Conditional Use Permit M98-05 to allow the expansion of a granular material processing area on the south side of Willow Creek by approximately 9,42 acres and to add a portable bituminous drum mixer facility if the Applicant complies with nine conditions, as amended. 3. By a preponderance of the evidence presented, the Council determines that the nine conditions should be imposed, pursuant to Section 61.147, to ensure compliance with R.C.O. §§61.146, 62.824, 62.708 and 62.824. The Common Council of the City of Rochester, pursuant to R.C.O. §§60.532(5), 61,146, 62.708, 62.824, 62.1006 and 62.1010 does hereby approve the amendment to Restricted Development Conditional Use Permit #98-05 so as to expand a granular material processing area on the south side of Willow Creek by approximately 9.42 acres and to add a portable bituminous drum mixer facility subject to the nine conditions listed above. Dated at Rochester, Minnesota this J /st- day of March, 1999. -_.a and.,&L.&md999.1a: _,W n Hunziker, President of the Rochester City Council 7 303 PARTIAL TRANSCRIPT OF MARCH 15, 1999 CITY COUNCIL MEETING E-4 AGENDA ITEM Key: JH: John Hunziker JA: John Arnold DH: Dennis Hansen TA: Terry Adkins MB: Mitzi Baker (during the public hearing, in response to information concerning "portability" of bituminous plant) JH: I appreciate hearing that because there was in amongst all the rest of the testimony, there was a notice made that a temporary use permit would give time to evaluate any concerns and if this is something that does go up in the summer and down at the end of summer, maybe that would be a feasible altemative if, I have no idea what to expect from the rest of the testimony, but it sounds like it is portable enough so it could be looked at year by year or something in that order. (following the closing of the public hearing) DH: How long is this permit for? MB: The Council should probably specify a date at which it expires along with your action. DH: The reason I ask is it, since this is a new project on the south side of town anyway, if we could put a year, yearly, not yearly, but a time limit on the number of years so that we could go back and review it and then just, if there's no problems, no harm, no foul, we just approve it for another consecutive amount of years. Just a thought. JH: Somebody brought up that something happens in July, 2000. What is that? MB: The temporary access at 40"h Street which has been negotiated with the City Public Works Department or the City does expire in 2000. JH: Could we look at this when that one expires just to see how things are going? Any problems with that? a DH: That's fine by me. JH: At least that way you would have two things coming up at the same time. DH: Right. And we'd have a year to see how it operates and maybe give it a go for maybe two years, whatever the case after that, 2, 3, 4, 5. JH: All right, so well revisit this operation in July, 2000. Is that right? OK. Anybody else? Everybody understands what we're doing. Nope? JA: Could I just inquire about this requirement. Would that be, I understand it would expire. I guess what we'd like to see if we got to come back to the Council tats fine at that time. We don't want to go through a whole new application process again and pay all the fees. 311-11: How would that --? 3A: It would be just to say it was a temporary permit that we could extend subject to its meeting its conditions rather than going through this whole process all over again. DH: I guess that is what I'd like to see instead of going hearing after hearing. JH: I think what we're looking for is a way to revisit this if there are concerns. Mr. Adkins or Ms. Baker? People are conferring. TA: Well, the concern being raised by the Planning Staff is that if there is no initial application, then there is no opportunity for the neighbors to speak on the issue if it just came back for a renewal. My response is that this Council is always free to set a matter on for public hearing whenever it wants to. You're not bound by the statutes or the Land Development Manual. So, with the understanding that the review will be in the form of a public hearing and if the applicant is willing to agree to that, I don't see why it could not be noted that this matter will be considered solely by the city council. JH: OK, is it possible ---? TA: Can we get Mr. Arnold's response to that first? JH: Please come forward. 3A: That's agreeable to us. The only thing we were concerned about here would be the having to make application fees all over again. 365- )H: I don't think thaYs the intent. ]A: The public hearing would be fine. DH: All I want it for is if somebody, there's a huge problem down the road, whether it be traffic or noise, whatever, we can readdress it and if the neighbors want to come up and say something, fine. If not, we just say it's a done deal, let's extend it for x amount of years. ]H: Is that reasonable? Mr. City Attorney? TA: Yes. 7H: OK. Everybody understands what we're doing. All right, then all those in favor signify by saying aye. Council: Aye. ]H: Opposed? Motion carries unanimously. E iMIT C LAW oRtcm DLrNLAP & SEEGER, P.A. ' &ONALD L SKEG33 33.TCN A. W9XSDtAD 2w sovM ARGAD WAY. 9Ur1•E iW PAULA. FL`tSM "WGrnw dANZ AUI012Vo DANIEL Z. 3ZRNVr Po BOX •iO JOHN R. ARNOLD ROCHZr=. IdUrAMYOTA MM-411 NY PCrSR C. 3AND8L7tt: PdLZPNONL lion i/69222 TINA L MOHR AUFTRZY A HANSON FAZ (WI) 2i "a xSNNErH A MOZN FAX lion =4612 WILLi" J. RYAN PAUL W. Hi' 1 RONCIT R. DUN AP DOUOIJdA. Wx0Z li(1161DM) Feaniary MITZI BAKER OLMSTED COLIN Y CONSOLIDATED PLAT NU';G 2122 CAMPUS DRIVE SE ROCHESTER MN 55904 RE: Restrictive Development Conditional t se Permit -98-u5 as Amended Franklin P. Konschade Dear Ms. Baker: VARY a DUNIAP WILIJAY P. vOtJWAR MAM A FC68i RZN D. 9CHL'LLat GADGORr J. GRIFrmin t4CRAM S. DM= EEC 0. LAR90N 9HAWN C. ZERE Of cawod FRANXLIN YICHALIS A.M. 3ANur EUM Our firm represents Mr. Kattschadc concemurg the abo%e referenced Restrictive Development CUP. On March 111. 1999, the Cummon Council appru%ed the amended Restrictive Development Conditional Use Permit. Paragraph 11 of the Findings of Fact specifically provided that the Council should review that portion of the permit concerning the operation of the biruminous plant "no later" than July 2000. It was also specifically provided that the review should come directly to the Council without payment of aay application or filing fee. We would like to have the Council review the operation of the bituminous plant at this time in preparation, for the 2000 construction season. rather than waiting until July 2000. i,jc hirltninaus plant was not put into operation durin; .hc 1099 c.-risclad to . SeasOC. AS A consequence, we are not sure what the revic%k would cnnsist of as there would be no operational history, but we believe that under the terms of the amendment it is necessary to have a review by the Council. Therefore w e are requesting that the matter be scheduled for a review before the Common Council at its earliest convenience. We are also requesting that the permit for the operation of the bituminous plant be extended to coincide with the length of time that the Restricted Development Conditional use Permit 198-05 is in existence rather than having continued reviews; 00. 0' 00 t5 .17 FkA 30 _ _S' 2' - I ;03 W / Page 2 February 9, 2000 As we discussed in our phone couversaticn. ''neing that zmb is not an appiicanon nor subject to a filing fee and merely a review �A c have adopted this format of requesting the review through your offices. Very truly-Y,curs. w wm JBA/ck cc Terry Adkins Franklin Kortschade t-: DUNLAP k SEgaF.x. PA- 20gallIBIT D ROCHESTER Minnesota 12/18/98 TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DEPARTMENT OF PUBLIC WORKS 201 4`° Street SE Room 108 Rochester, MN 55904-3740 507-287.7800 FAX — 507-281-6216 Public Works has reviewed the requested Conditional Use Permit Amendment #98-5 for the SJC Property. The following are the Public Works Comments on the proposal: Applicants requesting changes to approved Conditional Use Permits should be required to provide a detailed listing of items they are requesting to be modified. Items that the applicant may wish to have modified is not always apparent when staff members compare previously approved permits to the requested amendment. For example, the applicant has submitted text that states, in the introduction, a request to amend the CUP to allow the Bituminous Batch Mixing and not change the context of the approved CUP. However, it appears that the hours and days of operations have been expanded as outlined elsewhere in the text. There are currently three access points which serve the property and are currently being used. Only two of those locations are approved. The access adjacent to the bridge on 40'" Street must be permanently removed. A significant amount of material from the mining site is being tracked onto 401" Street. The 4r01° Street roadway must be swept routinely. The CUP amendments will result in an increased amount of traffic that was not considered in the original CUP requests. Additional signage and warning signals should be provided for the additional time periods of the operation of the Plant. The various CUP Permits should be reviewed annually for conformance of the original conditions. Specifically the access to the site on 400 Street was only approved as a temporary two year permit. Any activities utilizing this access should be subject to the terms temporary drive way permit. The expiration of the permit is July 20, 2000. o A phasing plan should be provided covering the new area included in the application. The original conditions of the CUP 98-5 shall remain in effect until an amendment to the CUP is approved. EXt3IEii e REQUEST )R COUNCIL ACTION MEETING DATE: 3-15-99 DEPT: / I ITEM NO. CO -PUBLIC ARING ZPLANNING ITEM DESCR1PTI Type III, ase II Amend ent to Restri d Developme Conditional PREPARED . Use Pednit #98 by Franklin . Kottschade expand a g ular material oeessing are Mitzi aker, on the'south ide of Wfllo reek by appr ximateiy 9.42 res and to a a portable anner bituminous drum mixer facility. The pr, arty is locate south of 40'" . SW, west of H. 63 and is zoned M-1 (Mixed Commerciiii-industrial). March 11, 1999 This item was previously scheduled for a public hearing but was continued to March 15, 1999 at the request of the applicant. The City Planning and Zoning Commission held a public hearing on January 27, 1999 to consider this zone change request. The Applicant and his representatives were present to address the Commission. Persons opposing the amendment also spoke and expressed concerns with traffic, safety, dust and odors. The Commission reviewed this request and considered the applicable criteria and considered the testimony provided during the meeting. The Commission discussed the proposal and recommended denial of the proposed amendment that would include adding a portable bituminous drum mix facility to the site. The Commission did not specify findings but did identify concerns with traffic, noise and smell and Incompatibility with the surrounding area. Please see the Commission minutes for more detail. The criteria which apply to reviewing this request are attached to the staff report and include Sections 61.146, 62.708, 62.824, 62.1006, 62.1010 of the Rochester Zoning Ordinance and Land Development Manual. Ms. Petersson made a motion to deny the amendment to Restricted Development Conditional Use Permit #98-5. aver seconded the motion. Motion carried 5.3, with Wiesner, Petersson, and DeWitz voting nay. Zoning Administrator's Action and Report: The City Clerk scheduled this Type III, Phase II, Restricted Development Conditional Use Permit for a public hearing as required by the Land Development Manual. Notice of the public hearing was published in the Friday, February 5, 1999, edition of the Rochester Post -Bulletin. Council Action Needed: 1. The Council shall hold a public hearing according to the procedures of Paragraphs 60,650 and 60.651 of the Zoning Ordinance. 2. If the Council wishes to proceed. A should instruct the City Attorney to prepare a resolution and findings of fact either approving, approving with conditions, or denying this request based upon the criteria of Sections 61.140, 62.708, 62.824, 62.1006, 62.1010 (these sections are attached to tlhe staff report). 0. � � Attachments: ^f 01T'vw`Q a { ,6-A } c...i� dpaa�U L ^cwvuw bK plum- 40. 1. Staff report dated March 11. 19. 99 OUNCILACTION: taoeonby: secmdby: to: Q urvP A4tt V f ,]i-evvy, cVuvcum;;, 4b 40i-ii� gl-- p T>W q Cn1d 'S 1 cur eel I rnadG 'a a ctdAia ar4 rw REQUEST FOR COUNCIL ACTION REPORTS AND RECOMMENDATIONS I PARK & RECREATION ITEM DESCRIPTION: MAYO CIVIC CENTER EXPANSION MEETING 311 DATE: 3 20 00 ITEM NO. F PREPARED BY: SUTHERLAND On March 14, 2000, bids were opened for the redesign of the Mayo Civic Center expansion project. Unlike last fall when we opened bids and were $3 million over the estimate, this time we were $1 million under projections. Although the project has been scaled back, it will still be a facility that meets the needs of the community and something we can all be proud of. The new bid allowed the Park Board to accept all of the alternates that were designed to bring the project in on budget, but are very important to how the facility works and looks. There is no question that TSP and CPMI earned their money on the redesign effort. This was a major undertaking and every aspect of the project was looked at for potential savings. It appears that the delay and redesign saved close to $3 million. On March 15, 2000, the Park Board, at a special meeting, approved the low bid from Market & Johnson and alternates #1, 3, 4, 5, 6B, 7 & S. The total with the alternates is $11,837,306. For this project to move forward, the Council will need to allocate $1,490,124 in additional funding to fully fund the project as bid. COUNCIL ACTION REOUESTED: Authorize the project to move forward and the City to add S1,490,124 to the project. COUNCIL ACTION: Motion by: Second Worn Memo To: Mayor and City Council From: Stevan E. Kvenvold Date: March 16, 2000 Subject: Mayo Civic Center Expansion In order to fully fund the Mayo Civic Center project as revised and currently bid, the City Council will need to appropriate $1,490,124 of additional funds. I have previously indicated to Roy Sutherland that I would recommend to the City Council that any additional funding needed to accomplish the Mayo Civic Center expansion project be appropriated from "excess" sales tax revenues. The City was allowed to collect sales tax revenues for the City Hall, Library and Fire Station building projects until 12/31 /98 even though the costs of these projects were paid for prior to the end of 1998. The City was left with approximately $3.4 million in "excess" sales tax revenues, minus any sales tax reimbursements to be paid to local industries for industrial purchases which were exempted from sales taxes by State law. It is recommended that the City Council appropriate $1,490,124 of these sales tax revenues to fully fund the bids for the proposed Civic Center expansion project. o,, Q�t1t RectO'�� 315 Park and Recreation Department City of Rochester 201 Fourth Street SE • Room 150 • Rochester, >IN 55904 (507) 281-6160 • FAX (507) 281-6165 MAYO CIVIC CENTER & ROCHESTER CIVIC THEATER NORTH EXPANSION BIDS MARCH 14, 2000 SUMMARY BID REVIEW Construction Rebid Fund Budget Mayo Civic Center Budget: Rochester Civic Theater Budget: Additional Authorization Requested from City Council: Maximum Funds Available for Construction: Lowest Responsive Base Bid: Recommended Alternates: 91 - Brick walls in lieu of precast: 93 - Add operable partition (P3 & P4) for classrooms: 44 - Adhesive attachment to EPDM roof: 45 - Exterior metal letters: 46 - B lighting control system: 97 - Elevator fit -up: #8 - Add clock tower: Total of Other Alternates: TOTAL OF BASE BID AND ALTERNATES: TOTAL FUNDS FOR CONSTRUCTION: AMOUNT OF ADDITIONAL CITY COUNCIL AUTHORIZATION ACTUALLY NEEDED: $9,075,447 $1,271,735 $2,500,000 $12,847,182 $11,195,000 $209,920 $165,424 $61,621 $22,850 $-963 $50,548 $132,906 $642,306 $11,837,306 $10,347,182 S1,490,124 03; 15 00 CPMI MEMORANDUM TO: Board of Park Commissioners Rochester Mayo Civic Center FROM: CPMI and TSP/ODELL DATE: 15 MARCH 2O00 RE: Mayo Civic Center Complex Improvements Project The bids for the project were received 14 March 2000. Five bids were received ranging from $11,195,000 to $12,267,000. Bids for eight alternates were received. Market & Johnson, Inc. is the apparent low responsive bidder. Their base bid is $11,195,000. The staff recommends Alternates 1, 3, 4, 5, 6B, 7 and 8 be accepted. The total bid with alternates is $11,837,306. A Summary of the lowest responsive bid and available funds is attached. Please advise of your approval. Thank you. Cc: Roy Sutherland Jim Ibister Steve Sorensen Paul Oberhaus Randy Westbrook 8221-1 1 1 REQUEST FOR COUNCIL ACTION MEETING gr I DATE: 3/20/2000 ;ENDA SECTION: ORIGINATING DEPT: IT ;;SOLUTIONS AND ORDINANCES CITY ATTORNEY, S OFFICE G ITEM DESCRIPTION: PREPARED BY: RESOLUTIONS AND ORDINANCES TERRY ADKINS G. 1. RESOLUTIONS y� A, .� �' G. 2. FIRST READING OF ORDINANCES, as appropriate. 'i G. 3. SECOND READING OF ORDINANCES (for adoption). a) An Ordinance Annexing to the City of Rochester Approximately 195.47 Acres of Land Legally Described as the Southwest Quarter of the Southeast Quarter of Section 19, the South Half of the Southwest Quarter of Section 20, and a Part of the West Half of the Southeast Quarter of Section 20, Township 107 North, Range 14 West, Olmsted County, Minnesota. Said Property Located South of Valleyhigh Road NW — West of Circle Drive. b) An Ordinance Annexing to the City of Rochester Approximately 40.17 Acres of Land Located in the Northeast Quarter of the Southwest Quarter of Section 20, Township 107 North, Range 14 West, Olmsted County, Minnesota. Said Property Located South of Va eyhigh Road NW — West of West Circle Drive. c) An Ordinance Annexing to the City of Rochester Approximately 40 Acres of Land Located in the Southwest Quarter of the Southwest Quarter of Section 4, Township 106 North, Range 13 West, Olmsted County, Minnesota. Said Property Located on the East Side of 40'' Avenue Southeast East of Eastwood Hills Second Subdivision. G.4. MISCELLANEOUS COUNCIL ACTION: Motion by: Second by: to: i n o a o 5 - a w w o N q n - w a O o 0 o a A r a o a p m o a 0 Z = y r N m O n nl m O Q N N N N H a 0 p o O p o p 0 o 0 C O p V y O a N O m m Z m a V VI m w m q m q m q m a p O O O O q O O O O O � N N Q � N N O O O O O q o_ ^' O m V c m O O Or S m � H a - a o a 0 a 0 p 0 p 0 q o C O O O O O n weN- Z m " a O o a O p O p O p O Z I O m O N a N N H H w a a a O O a Y a w w w w w a a a a a o a LL� O O O m O Y • Z 66 m m N m Q N VI P M p m N N m N a O O p O O m 2 m n m m m Q t V N N N N N a a a a a o ac ao m a a Q a O fl q N m v o N N H N N N a O O O O a a a O O m y H m N a N v e m p N q H a c m � x x x x X a7 a a 6 P Y Y v Q a n _ Y v O U l U C U 4Q ? = � U � Y N C - < 1 Y 21 319; t v CPM i MAYO CIVIC CENTER COMPLEX IMPROVEMENTS 3/14/00 TOTALS WITH ALTERNATES 1, 3, 4, 5, 6B, 7 & 8 Contractor Knutson Const. Weis Builders BASE 810 $12,267,000 $12,200,000 Alternate No.t Bock,n lieu of Pm t Alternate No.3 Cowable Pan. 3 d a Alternate No.4 Adhm At . Ro g Alternate No.5 EA Metal La et9 Alternate No.6B LevibontColm. Con Wy W119991 Alternate No.7 Elavna Flit Up Alternate No.8 Chet Ta TOTAL 316,000 250,000 156,000 146,000 65,000 60,000 21,500 20,000 -1,000 46,000 57,000 52,139 327.s2Q4 167.75 $13,108,500 $12,931,898 Alvin E. Benike $11,746,600 183,900 145,800 68,890 16,850 -950 50,750 202,150 $12,413,990 A.J. Lysne $11,740,000 141, 000 180,000 64000 20,000 Market & Johnson $11.195,000 209,920 165,424 61,621 22,850 -900 -963 62,000 50,548 140.000 132,906 $12,346,100 511,837,30fi BICTAB.xls/Bid Alts Page 1