HomeMy WebLinkAbout04/17/2000_RegularCITY OF ROCHESTER
COUNCIL AGENDA
COUNCIUBOARD CHAMBERS
GOVERNMENT CENTER W -0$
151 4T" STREET SE
MEETING NO. 8
REGULAR ADJOURNED
PAGE
(1-2) A) OPEN COMMENT PERIOD
B) CALL TO ORDER
C) LETTERS AND PETITIONS
APRIL 17, 2000
7:00 P.M.
(3-) D) CONSENT AGE NDAIORGANIZATIONAL BUSINESS
1)
Approval of Minutes
(5-8)
2)
Request for Funding to Provide Sewer and Water to History Center ,
(9-10)
3)
Request for Funding for NLC Transportation Infrastructure and
Services Steering Committee Meeting
(11-12)
4)
Request to Reclassify a Vacant Library Associate I Position
(13-14)
5)
Establishment of Compensation for Fire Department Administrative
Services Manager
(15-16)
6)
Council Request to Initiate County Board Review of City Taking Over
Land Use Controls (Zoning Authority) within Marion Township Orderly
Annexation Area
(17-18)
7)
2000 Community Development Block Grant (CDBG) Award
(19-20)
8)
Joint Powers Agreement Between City and MPCA for Well Testing
Reimbursement
(21-22)
9)
Licenses, Bonds & Miscellaneous Activities
(23-24)
10)
Approval of Accounts Payable
(25-26)
11)
Approve the Low Bid for Hydraulic Sewer Rodding Machine
(27-28)
12)
Grant Application Approval for April 20 Disaster Drill
(29-32)
13)
Rochester Fire Department Preplan Assistant
(33-36)
14)
Wetland Fees
(37-48)
15)
Decision on Need for Environmental Impact Statement for Badger
Ridge Development
(49-52)
16)
Annexation by Ordinance Petition by Seneca Foods Corp. to Annex.
Approx. 175.09 Acres South of 20"' St. SE, East of Highway 63 and
North of Highway 52, in Section 13, Rochester Township
(53-54)
17)
Revocable Permit for Lot 1, Block 1, Plaza 41 Northwest
(55-56)
18)
Development Agreement/Fiksdal Property 2"d Street SW
Council Agenda
April 17, 2000
Page 2
(57-58)
19)
Owner Contract/North Park Tenth Subdivision
(59-60)
20)
Owner Contract/Wood Lake Park Second Subdivision/Phase II I
(61-62)
21)
Owner Contract/Spruce Meadows Subdivision
(63-64)
22)
Amend Owner Contract/Orchard Ridge First Addition/Phase 1
(65-66)
23)
Pedestrian Facility Agreements
(67-68)
24)
Advertise for Bids/Public Improvements to Sunset Avenue, Rose
Avenue, and Harbor Parkway in Rose Harbor
(69-70)
25)
Utility Connection Agreement/2711 Salem Road SE/Mr. & Mrs. John
C. Magnotto
(71-80)
26)
Feasibility Report for Trunkline Sanitary Sewer from the Willow Creek
Trunkline to Serve Marion Township
(81-82)
27)
Consideration of Bids/Trunkline Sanitary Sewer from the Willow
Creek Trunkline to Serve Marion Township
(83-84)
28)
Petition Requesting Feasibility and Engineering Studies for Sanitary
Sewer & Watermain in Osjor Well Association Area
(85-86)
29)
Award of Contract/Traffic Signals at Intersection of 2nd Street and 16"'
Avenue SW
(87-88)
30)
Award of Contract/Reconstruction of 12a' Avenue NE from 14t' Street
NE to End of Cul-de-sac
(89-90) 31) Acceptance of Bids for 2000 Season Supply of Bituminous Materials
(91-92) 32) Acceptance of Bids 2000 Season Supply of Ready -Mixed Concrete
(93-94) 33) Acceptance of Bids for 2000 Season Supply of Asphalt Materials
(95-96) 34) Acceptance of Bids for 2000 Season Supply of Aggregate Materials
(97-100) 35) Revocable Permit for Temporary Reserved Parking During Staybridge
Hotel Constructions
(101-102)
36)
3 7)
E) HEARINGS
(103-104)
1)
(105-112)
2)
(113-122)
3)
(123-126)
4)
(127-128) 5)
(129-130) 6)
Traffic Signal arld Parking Ramp Painting Bid Award
Final Plat to be Known as The Gardens
Final Plat to be Known as Eagle Ridge North Second Subdivision
Final Plat to be Known as North Park Tenth Subdivision
Vacation Petition by Rochester Pentecostal Church to Vacate 4 Foot
Utility Easement Lying on Easterly Side of Lot 24 and 194.97 Feet of
Lot 25 and Westerly Side of Lots 23 & 26 and 15.14 Feet of Lot 27, all
in Block 2, Sunnydale Subdivision
Establishment of Development District #15 and Tax Increment
Financing District #15-1 for Weatherstone Townhomes Housing
Project by Shelter Corporation
Improve 50"' Avenue NW and Extend Sanitary Sewer & Water
Service to Undeveloped Lands Along 500 Avenue NW
Council Agenda
April 17, 2000
Page 3
F) REPORTS AND RECOMMENDATIONS
(131-132) 1) City Administrator - Development Assistance Agreement for
Weatherstone Townhomes TIF Project
(133-134) 2) City Administrator- Temporary Bond Issuance of Housing Revenue
Bonds for Weatherstone Townhomes Project
(135-136) G) RESOLUTIONS AND ORDINANCES
H) TABLED ITEMS
1) OTHER BUSINESS
J) ADJOURNMENT
f
REQUEST FOR COUNCIL ACTION
MEETING
DATE: 4117 00
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
OPEN COMMENT PERIOD
CITY ADMINISTRATOR
A
_M DESCRIPTION: OPEN CONMIENT PERIOD
PREPARED BY:
S. KVEN-VOLD
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 forum.
• Questions posed by a speaker will generally be responded to in writing.
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_ _ UNCIL ACTION: Motion by: Sewed by: to:
REQUEST FOR COUNCIL ACTION MEETING
DATE: 4 1"
SECTION:
CONSENT AGENDA
__M DESCRIPTION:
APPROVAL OF CONSENT AGENDA ITEMS
ORIGINATING DEPT: I ITEM N
CITY ADMINISTRATOR I D-1-36
G. NELLANN
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 single motion to approve. The Council President will allow the Councilmembers
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. Request for Funding to Provide Sewer and Water to History Center
D-3. Request for Funding for NLC Transportation Infrastructure and Services Steering Committee Meeting
D-4. Request to Reclassify a Vacant Library Associate I Position
iD-5. Establishment of Compensation for Fire Department Administrative Services Manager
D-6. Council Request to Initiate County Board Review of City Taking Over Land Use Controls (Zoning
Authority) within Marion Township Orderly Annexation Area
eD-7. 2000 Community Development Block Grant (CDBG) Award
D-8. Joint Powers Agreement Between City and MPCA for Well Testing Reimbursement ,
D-9. Licenses, Bonds & Miscellaneous Activities
D-10. Approval of Accounts Payable
D-11. Approve the Low Bid for Hydraulic Sewer Rodding Machine
D-12. Grant Application Approval for April 20 Disaster Drill
D-13. Rochester Fire Department Preplan Assistant
D-14. Wetland Fees
D-15. Decision on Need for Environmental Impact Statement for Badger Ridge Development
D-16. Annexation by Ordinance Petition by Seneca Foods Corp. to Annex. Approx. 175.09 Acres South of 201h
St. SE, East of Highway 63 and North of Highway 52, in Section 13, Rochester Township
D-17. Revocable Permit for Lot 1, Block 1, Plaza 41 Northwest
D-18. Development Agreement/Fiksdal Property 2nd Street SW
D-19. Owner Contract/North Park Tenth Subdivision
D-20. Owner Contract/Wood Lake Park Second Subdivision/Phase III
D-21. Owner Contract/Spruce Meadows Subdivision
D-22. Amend Owner Contract/Orchard Ridge First Addition/Phase I
D-23. Pedestrian Facility Agreements
D-24. Advertise for Bids/Public Improvements to Sunset Ave., Rose Ave., & Harbor Parkway in Rose Harbor
D-25. Utility Connection Agreement/2711 Salem Road SE/Mr. & Mrs. John C. Magnotto
%,JUNCIL ACTION: Motion by: seo«,d by: to:
I
Request for Council Action
Approval of Consent Agenda Items
April 17, 2000
Page 2
D-26. Feasibility Report for Trunkline Sanitary Sewer from Willow Creek Trunkline to Serve Marion Township
D-27. Consideration of Bids/Trunkline Sanitary Sewer from Willow Creek Trunkline to Serve Marion Township
D-28. Petition Requesting Feasibility and Engineering Studies for Sanitary Sewer & Watermain in Osjor Well
Association Area
D-29. Award of Contract/Traffic Signals at Intersection of 2'd Street and 16'" Avenue SW
D-30. Award of Contract/Reconstruction of 12d' Avenue NE from 14d' Street NE to End of Cul-de-sac
D-31. Acceptance of Bids for 2000 Season Supply of Bituminous Materials
D-32. Acceptance of Bids 2000 Season Supply of Ready -Mixed Concrete
D-33. Acceptance of Bids for 2000 Season Supply of Asphalt Materials
D-34. Acceptance of Bids for 2000 Season Supply of Aggregate Materials
D-35. Revocable Permit for Temporary Reserved Parking During Staybridge Hotel Constructions
D-36. Traffic Signal and Parking Ramp Painting Bid Award
COUNCIL ACTION REQUESTED:
Motion to approve consent agenda items.
REQUEST FOR COUNCIL ACTION
MEETING
DATE: 4;11 00
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
CONSENT AGENDA
CITY ADb1INTSTRATOR
D — oZ-
_M DESCRIPTION: REQUEST FOR FUNDING TO PROVIDE SEWER .-VND WATER
PREPARED BY:
TO THE HISTORY CENTER
S. KVENVOLD
The Olmsted County Historical Society is requesting $75,000 from the City of Rochester to extend sewer and
water to the History Center (see attached).
I recommend your approval of this request, with the necessary funding appropriated from the Future
Construction Account (301-1994).
COUNCIL ACTION REQUESTED:
Request a motion granting $75,000 to the Olmsted County Historical Society for the connection of the History
Center to sewer and water facilities and appropriating the necessary funding from the Future Construction
Account(301-1994).
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IUNCIL ACTION: Motion by: Second by: to:
OLMSTED COUNTY HISTORICAL SOCIETY
April 11, 2000
Common Council
City of Rochester
201 Fourth Street SE
Rochester, MN 55904
Dear Council Members:
With the recent annexation of History Center property to the City of Rochester, and the near
completion of construction of Well 436 on land purchased from the Olmsted County Historical
Society, we are eagerly looking forward to obtaining city water and sewer service. This service
will eliminate a shortage of water pressure that has long existed at the History Center, as well as
enable us to hook up our fire suppression system in the museum. In addition, city sewer service
will replace a failing septic sewage system that we currently use.
The entire project is estimated to cost $75,000. This includes watermain and sanitary sewer
extension expenses as estimated by Yaggy Colby Associates, hookups to these services less
allowances provided by the Water Quality Protection Program, plus plumbing in the History
Center necessary for conversion to city water and sewer service.
We are indeed mindful and grateful for the wonderful support of the City of Rochester, along with
Olmsted County, in providing funding for re -roofing the History Center and installation of the
sprinkler system. And we are pleased that the Council has recognized the benefit to the city of
having a well -functioning museum complex offering a unique service to residents and visitors in a
park -like setting in the midst of a fast-growing urban area.
Therefore, on behalf of our membership, board of directors and staff, I respectfully ask the City
Council to consider an appropriation of $75,000 to the Olmsted County Historical Society for the
above -described city water and sewer project. While there are other smaller capital needs, we feel
this will be the last time in the foreseeable future that we will seek City support for a project of
this magnitude.
An early and favorable decision on your part will enable us to arrange immediately for engineering
studies and placement on a contractor's schedule so that the project can begin and be completed
in the year 2000. Thank you for your consideration of this request.
David M. ennington
President, Board of Directors
1195 WEST CIRCLE DRIVE SOUTHWEST • ROCHESTER, NN 53902 • PHONE 507,282.9447
11
ESTIMATE OF PROBABLE COSTS
WATERMAIN SANITARY SEWER AND EXTENSIONS
OLMSTED COUNTY, HISTORY CENTER
ROCHESTER, MINNESOTA
21-Mar-00
o'
1
F & 1 8" Watermain LF
290
$
25.00
$
7,250.00
2
F & 1 6" Watermain LF
60
$
25.00
$
1,500.00
3
F & 1 8" Gate Valve & Assembly EA
3
$
800.00
$
2,400.00
4
F & 1 6" Gate Valve & Assembly EA
2
$
600.00
$
1,200.00
5
F & 1 6" Hydrant EA
1
$
1,500.00
$
1,500.00
6
Watermain Fittings LBS
805
$
2.00
$
1.610.00
7
F & 1 1-1/2" Curb Stop & Box EA
1
$
325.00
$
325.00
8
F & 1 1-1/2" Water Service(Copper) LF
30
$
40.00
$
1,200.00
'
9
F & I Seeding ACRE
0.16
$
1,000.00
$
160.00
Watermain Project
Total
$
17,145.00
Cos
1 F & 1 6" Alternate Pipe Sewer
LF 700 $ 25.00
$
17,500.00
2 F & I Sanitary Manhole, Type 1
EA 2 $ 2.200.00
$
4,000.00
3 Connect to Ex. Manhole
LS 1 $ 600.00
$
600.00
4 F & I Seeding
ACRE 0.5 $ 1,000.00
$
500.00
Sanitary Project
Total
$
22,600.00
Total Watermain and Sanitary Project
$
39,745.00
Engineering, Legal, & Contingencies-30%
$
11,923.50
TOTAL ESTIMATED CONSTRUCTION COST
$
51,668.50
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CONSENT AGENDA
REQUEST FOR COUNCIL ACTION
CITY ADMINISTRATOR
MEETING /
DATE: 4.1 00
ITEM NO.
D-3
cM DESCRIPTION: REQUEST FOR FUNDING FOR THE NLC TRANSPORTATION PREPARED BY:
INFRASTRUCTURE AND SERVICES STEERING COMMITTEE MEETING S. KVEN-VOLD
The National League of Cities Transportation Infrastructure and Services Steering Committee will hold a
meeting in Rochester, Minnesota, June 22-25,2000.
The City of Rochester will host this meeting and incur approximately $12,000 in host costs (see attached).
COUNCIL ACTION REQUESTED:
Request a motion appropriating $12,000 from the 2000 Contingency Account (101-4972) for host costs
associated with the above referenced meeting. 0
. JUNCIL ACTION: Motion by: second by: to:
(-D
REQUEST FOR FUNDING FOR NATIONAL LEAGUE OF CITIES
TRANSPORTATION INFRASTRUCTURE AND SERVICES STEERING
COMMITTEE MEETING
This Steering Committee deals with policy formulation on transportation
issues dealing with highways, railroads, airports and waterways for National
League of Cities. This committee consists of 35 elected officials from
around the United States. Railroad related concerns were identified in
Washington DC as one of their top priorities.
They have selected Rochester, MN as their June 22-25, 2000 meeting site.
This means that Rochester will have some host city costs involved. I am
hereby requesting up to $12,000.00 for this meeting. This amount would
also cover reordering city logo bags and city pins, as our supply is almost
exhausted.
Expenses covered would be for some of their meals, and transportation to
those sites. This would include a dinner with City Councihnembers on
Thursday, June 22nd at the Plummer House. Friday, June 23`d at the Hubbell
House in Mantorville. (I realize that this is during Rochesterfest Parade —
that is why the out of city location.) It will also cover lunch and dinner on
Saturday, June 24d'.
The League of Minnesota Cities will also be contributing toward some of the
costs associated with this meeting.
If you have any questions, please feel free to contact me. We have a
tentative agenda developed at this point. As soon as it is finalized, I will be
sharing it with the Council and City Staff.
Marcia Marcoux, Steering Committee Member
Councilmember
288-4263
REQUEST FOR COUNCIL ACTION MEETING I I
DATE: 4 17 00
AGENDA SECTION:
CONSENT AGENDA
ORIGINATING DEPT:
CITY ADMINISTRATOR
ITEM NO,
'D, (�
�M DESCRIPTION: REQL``EST TO RECLASSIFY A VACANT LIBRARY ASSOCIATE
PREPARED BY:
I POSITION
S. KVENVOLD
The Library Director and Board are requesting that a vacant Library Associate I position be reclassified to a
Library Associate U position (see attached).
The job description has been revised to have the position assume additional responsibilities in employee
supervision as well as increased other administrative responsibilities.
COUNCIL ACTION REQUESTED:
Request a motion approving the reclassification of the vacant Library Associate I position to a Librar3oAssociate
II position.
...)UNCIL ACTION: Modon by: second by: to:
i9-
Human Resources
March 23, 2000
To: Stevan Kvenvold
From: Linda Gilsrud
Audrey Betcher and the Library Board are recommending that a vacant Library Associate I
(Audiovisual) position be upgraded to Library Associate II (Circulation Lead). Both
classifications are included in the AFSCME, Local #319 bargaining unit.
The job description has been revised to have the Library Associate II position assume additional
responsibilities that include providing direction for full-time, part-time and student employees
within the Circulation area as well as assisting in the budgeting process, circulation management,
and some administrative tasks.
The upgrade seems appropriate given the additional, higher level responsibilities. `1
A Library Associate II minimum wage rate for 2000 is $30,577 as compared to a Library
Associate I who earns $29,334 at the minimum wage rate (4.2% difference). The vacancy
occurred when an experienced Library Associate I terminated her employment for medical
reasons. She was paid at the top rate for a Library Associate I ($41,272) so the Library's
operating budget should not be impacted adversely by upgrading the position.
Please let Audrey or I know if you require further information.
Thank you.
cc: Audrey Betcher
Deb Coyle
REQUEST FOR COUNCIL ACTION
MEETING �
DATE: 4-17 00
ENDA SECTION:
CONSENT AGENDA
ORIGINATING DEPT:
CITY ADMINISTRATOR
_.A DESCRIPTION: ESTABLISHMENT OF COMPENSATION FOR FIRE
DEPARTMENT ADMINISTRATIVE SERVICES MANAGER
ITEM NO.
D-5
PREPARED BY:
S. KVENVOLD
A new position of Administrative Services Manager for the Fire Department was recently created to replace the
Assistant Fire Chief position held by David Stutz, who is retiring.
A group of individuals interviewed applicants for the new position and selected an individual named leffrev
Leland (see attached).
Since Mr. Leland's starting salary is above the midpoint of the salary range for his position, the City Council is
required to approve of the starting compensation.
I
COUNCIL ACTION REQUESTED:
Request a motion approving Mr. Leland's starting salary of $61,500, with the understanding that when Mr.
Leland reaches the maximum salary for his position, this will not be justification for seeking a reclassification of
the position.
--UNCIL ACTION: motion by: second
14
April 5, 2000
To: Stevan Kvenvold
From: Linda Gilsrud
The City wishes to offer an annualized salary of $61,500 to Jeffrey Leland to serve in the
position of Administrative Services Manager for the RFD.
The position is assigned to Management 1, Grade 7. The range is as follows for 2000:
Minimum
$42,193
Midpoint
$52,742
Maximum
$63,291
Other positions assigned to the grade include:
Assistant City Attorney 1 and 1 A
Assistant Director of Promotion and Marketing
Communications Coordinator (RPU)
Librarian 3
Assistant Director of Human Resources
Programmer/Analyst
Residential/Commercial Account Representative (RPU)
Risk Manager/Purchasing Officer
The salary range assignment is appropriate
r0
Mr. Leland reports that he is currently earning $56,700 as a Regional Coach for Gold Cross
Ambulance. The salary we wish to offer represents a 8.47% increase over his reported salary for
2000. He has been employed in his present position for approximately 4 years. Prior to his
current role he worked as a Staff Paramedic for Gold Cross.
In his present position, he has developed policy, performed risk management, been involved in
strategic planning and human resources issues, prepared and administered budgets and prepared
grants.
Please approve a request to pay a salary to Mr. Leland above our current range midpoint.
Cc: Dave Kapler
Deb Coyle
Consent Agenda
REQUEST FOR COUNCIL ACTION
ORIGINATING DEPT:
City Administrator
MEETING
DATE: 4 1 " 00
ITEM NO.
D-(0
9M DESCRIPTION: Council request to initiate County Board Re% iew of City taking over PREPARE
land use controls (zoning authority) within Marion Twp. Orderly Annexation Area T. Spaeth
Provisions contained in the Joint Resolution executed by Marion Township and the City of Rochester pertaining to the
Orderly Annexation Agreement Areas within Marion Township allow the City of Rochester to extend its municipal
planning and land use controls to those areas within the Orderly Annexation areas prior to annexation. The reason for
these provisions is to ensure that development occurring in those areas prior to annexation is consistent with the policies
and ordinance of the City of Rochester, and to not create an increased number of nonconformities within those areas
that the City will have to deal with in the future. Typically, when the City of Rochester takes over land use control
within a township area, it is zoned to the City zoning classification that most closely resembles the existing zoning
district within the township.
In this instance, Marion Township has agreed to extraterritorial zoning and subdivision control by the City of Rochester
by virtue of the executed joint resolution. Therefore, the City will now need to request that the Olmsted County Board
of Commissioners adopt a resolution agreeing to the City providing for land use controls within the orderly Annexation
Agreement Area within Marion Township.
It should be noted that the City could have required that all the property owners wanting City services to annex prior to
receiving the services. In that situation these lands may already have been in the City. n
COUNCIL ACTION REQUESTED:
Submit written request to the Olmsted County board of Commissioners to adopt a resolution agreeing to extraterritorial
land use control by the City of Rochester within the Orderly Annexation Agreement Area in Marion Township.
3UNCIL ACTION: anon«, by: sewnd by:
SECTION:
CONSENT AGENDA
EM DESCRIPTION:
REQUEST FOR COUNCIL ACTION
ORIGINATING DEPT:
CITY ADMINISTRATION
%1EE ING f �
DATE 04-17-00
ITEM NO.
PREPARED RY•
2000 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AWARD
Theresa Fogarty .
April 10, 2000
The City of Rochester has been advised that the Department of Housing and
Urban Development
(HUD) has awarded the sum of $606,000 for the City's 2000 CDBG Program.
This amount is $5,400 greater than the City and HUD estimated would be received last fall when the
Council approved the 2000 allocations. The additional $5,400 will be placed in
the City of Rochester
Park and Recreation Accessibility Improvement Program.
The City will need to officially accept the award of the 2000 CDBG Program and execute the Grant
Agreement with HUD.
The 2000 allocations are as follows:
PossAbilities of SE Minnesota $ 2.900 Ability Building Center
$ 9,300
Child Care Resource & Referral $ 23,400 Hiawatha Homes
$ 6,300
RADAR $ 2,900 SEMCIL
City Park & Recreation Dept. $ 46,100 Wing House
$ 13,600
$ 6,600
Samaritan Bethany Foundation $ 7,400 Bear Creek Foundation
$ 6,900
Zumbro Valley Mental Health $ 3,600 Senior Citizens Center
$ 20,800
Community Youth Mentorship $ 6,400 Olmsted County HRA
$ 60,100
Habitat for Humanity $ 32,200 ARC SE Minnesota
$ 3,900
Aldrich Memorial School $ 4,600 Camp Olson
$ 5,300
Community Housing Partner. $ 45,300 FACES
$ 13,400
Planning Dept. (City's Home $250,000 Planning Dept. (CDBG
$ 35,000
Rehab Program) Program Adm.)
I
I
i
Council Action Needed:
1. Accept the CDBG funding request award of $606,000 from the Department of Housing and
Urban Development and approve the Grant Agreement for 2000.
Distribution: f /i
1. City Administrator
2. City Clerk
3. City Attorney
4, Planning Department File
vJUNCIL ACTION: Motion by second by: to:
�
I
M
1/S
Meeting
REQUEST FOR COUNCIL ACTION Date 4 - 17- 00
AGENDA SECTION
ORIGINATING DEPT:
ITEM
CONSENT
ROCHESTER PUBLIC UTILITIE
TNO.
J 1 S
ITEM DESCRIPTION: JOINT POWERS AGREEMENT BETWEEN CITY AND MPCA FOR
PREPARED BY:
WELL TESTING REIMBURSEMENT
Joseph Hensel, RPU
The Common Council's favorable consideration is requested on the following:
to approve a Joint Powers Agreement between the City of Rochester and the
Minnesota Pollution Control Agency which will allow the MPCA to reimburse RPU
for the cost of an aquifer test conducted on municipal well #11, and that the Council
authorize the Mayor and City Clerk to execute said Joint Powers Agreement. The
amount of the Joint Powers Agreement shall not exceed $31, 947.00.
GENERAL MANAGER:
Y/13/00
COUNCIL ACTION: Motion by: second by: to:
REQUEST FOR COUNCIL ACTION
MEETING �+
DATE. 4 17 00 1
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
CONSENT AGENDA
CITY CLERK
D q
_J DESCRIPTION: LICENSES, BONDS & MISCELLANEOUS ACTIVITIES
PREPARED BY:
DONNA ISCHOTT
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.
MASTER INSTALLER
Duarte Helgerson
2424 13`d Ave NW
Rochester, Mn. 55901
SIDEWALKS —CEMENT
DP Concrete LLP
7161 90'd St. SE
Stewartville, Mn. 55976
'
Sorensen Bros., Inc.
PO Box 246
Albert Lea, Mn. 56007
SEWER & DRAINS
Chet Finley DBA Finley Excavating Inc.
510 5 h Ave SE
Stewartville. Mn. 55976
Komite Concrete
77997 280' St
Racine, Mn. 559567
MISCELLANEOUS STREET USE
American Diabetes Association
Bicycling Tour 6/3/00
Begin and End at Silver Lake
JNCIL ACTION: Motion by Sewnd by: to:
LICENSES, BONDS AND MISCELLANEOL S STREET L SE
PAGE 2
APRIL 17, 2000
Mayo 'Medical School. AMA Student Section
Race,'Walk for Charity 8/26/00
Silver Lake east Pavilion
Leukemia & Lymphoma Society
Evening Walk 9.22/00
Around Silver Lake Park
March of Dimes
Walk America 4/29/00
Beginning & Ending at Elks Lodge
Veterans of Foreign Wars
16-6"StSW
Rochester, Mn. 55902
Annual Buddy Poppy Sales Friday, May 12, 2000 & Saturday, May 13, 2000
COUNCIL ACTION ROUESTED
9:00 AM to 5:00 PM
A motion to approve oar disapprove the above licenses and miscellaneous street use.
REQUEST FOR COUNCIL ACTION MEETING 93
DATE: 4/17100
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
Consent Agenda
Finance Department
D _ l0
N DESCRIPTION:
PREPARED BY:
Approval of Accounts Payable
Dale Martinson
Respectfully request a motion to approve payment of Accounts Payable
(submitted separately) in the amount of $2,062,109.17.
Less: Any exceptions
UNCIL ACTION: Motion by: Second by: to:
REQUEST FOR COUNCIL ACTION
MEETING 0167
DATE: 4117100
.. _.M
Consent Agenda
: Approve
Finance Department
D-0
Jennifer King
The Public Works Department requests approval to accept the low bid from Flexible Pipe Tool Company
for one (1) Hydraulic Sewer Rodding Machine in the amount of $41,830.43 which includes tax. One other
bid was received for this item. Funding for this item has been budgeted in the 1999 and 2000 Equipment
Revolving budgets for $42,500.
COUNCIL ACTION REQUESTED:
Accept the low bid from Flexible Pipe Tool Company for one (1) Hydraulic Sewer Rodding Machine and
approve the purchase of this machine.
UNCIL ACTION: Motion
Second by: to:
REQUEST FOR COUNCIL ACTION MEETING R /
DATE: 4/17/00 11
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
CONSENT
Fire
D- I
M DESCRIPTION:
PREPARED BY:
Grant Application Approval for April 20 Disaster Drill
DC Dan Slavin
We would like to request grant money in the amount of $1,500 from the State of MN to cover expenses
incurred in an upcoming disaster drill scheduled for April 20. We would not be required to provide any match
with this grant.
COUNCIL ACTION REQUESTED
Approval to submit a grant application for funding of the April 20 disaster drill.
1UNCIL ACTION: Motion by: Second by: to:
REQUEST FOR COUNCIL ACTION
MEETING evi
DATE: 4i 17;'00
Consent
.. _.N DESCRIPTION:
ORIGINATING DEPT:
Human Resources
D-l3
Linda Gilsrud
As the result of injuries suffered during his employment, James P. Richardt, Rochester Fire Department, is
unable to perform the essential functions of a Motor Operator.
We are proposing that the position of Preplan Assistant (job description attached) be authorized for Mr.
Richardt. He is physically able and qualified to perform the essential functions of the position, Preplan
Assistant.
The Preplan Assistant position is to be authorized for Mr. Richardt only. Reauthorization would have to occur
when Mr. Richardt no longer holds the position.
?.A'�D
`i117I.a
Resolution authorizing the position of Preplan Assistant in the Rochester Fire Department for James P. Richardt.
)UNCILACTION: Mobonby: second
CITY OF ROCHESTER
PREPLAN ASSISTANT
FIRE DEPARTMENT
This is responsible work involving preplan inspections and providing administrative/clerical assistance in the
Fire Prevention Bureau and on special projects. Responsibilities include conducting surveys of commercial
buildings to gather pertinent data related to the development of preplans for the Operations Division.
conducting safety inspections of commercial and/or residential properties, keying data related to the New
World system and Tier II program, providing administrative/clerical support to the Fire Prevention Bureau
and performing other related duties as assigned. This work is performed under the direct supervision of the
Deputy Chief of Training and is reviewed through personal observation, discussion and analysis of records
kept.
'A. Conduct preplan surveys of commercial buildings
i. Gather personal and emergency contact information.
2. Identify building design and construction materials.
3. Identify hazards associated with the property.
4. Document hazardous materials and storage locations.
5. Map floor plans of the property.
6. Compile and enter preplan information in the computer.
B. Provide administrative/clerical assistance on special projects
1. Enter and update New World and Tier II data in the computer.
2. Conduct safety inspections of commercial and/or residential properties.
3. Gather and compile survey data for special projects.
4. Assist with filing of Fire Prevention Bureau documents.
C. Perform other related duties as assigned.
*ESSENTIAL JOB FUNCTIONS
MINIMUM RFQMEE.MENTS
Education and Eacdence
High school diploma or equivalent level of education. Four (4) or more years experience with the Rochester Fire
Department in any classification, including a minimum of two (2) years as a firefighter in the Rochester Fire Department.
Shall possess and maintain a valid Minnesota Class D driver's license
KNOWLEDGE. AHII.ITIES AND SUIS 3(
Knowledge of city, state and federal laws and ordinances pertaining to the prevention of fires.
Knowledge of the practices, procedures and techniques involved with fire prevention and fire safety.
Ability to maintain and submit accurate and concise inspections, surveys and reports.
Ability to contact building owners and to develop and maintain effective working relationships on inspection work and
regulatory matters.
Ability to communicate effectively both orally and in writing.
The majority of the workday is spent standing with some sitting and standing required.
Weight of objects to be lifted shall not exceed twenty (20) pounds on a frequent basis not fifty (50) pounds on
an occasional basis.
Climbing of stairs is sometimes required.
Simultaneous use of the hands, wrists and fingers is often required, as well as, repetitive movements of the
hands.
Audio, visual and verbal functions are vital aspects to performing this position.
Operation of a motor vehicle is essential. �
The majority of the workday is spent both in and outdoors with rare exposure to dust, fumes, noise, heat and
cold.
(A breakdown of the physical and environmental demands is available on the "Job Analysis of Physical and
Environmental Demands" at the Human Resources Department.)
3/ =
REQUEST FOR COUNCIL ACTION `.IEE71Nc
DATE: 4 1 T O0 %J
AGENDA SECTION:
ORIGINATING DEPT:
71TEM NO.
CONSENT AGENDA
PLANNENG
D _ (q
M DESCRIPTION: R'etland Fees
PREPARED BY:
John Ha c ford. Seni r
Plaor
nn
April 10, 2000
Wetland Fees:
Currently the fee structure for a variety of development related fees includes wetland applications and the associated
fees. The original resolution covering the fee structure was approved by the City Council in 1996. The fee structure
and location of wetland related fees was made an issue in a recent legal suit against the city. In order to avoid future
problems and legal interpretations applied to the location of the wetland fees the staff has proposed that the wetland
fees be re -adopted as a separate fee structure and that the wetland fees be removed from the zoning fees as adopted in
1996.
i
In addition, the proposed fee structure does not include "Sequencing Plan" and "Delineation Review". The reason for
removing these two items is to avoid future processing problems also. The issue in the legal suit had to do with the
" 60 day rule" and a wetland delineation on a property. These two processing options are not required as separate
actions under the state rules; they are part of the submittal information for replacement plans. Staff proposes that any
delineation or sequencing document be made part of an official application for a replacement plan or other application
as identified in the state rules. The city ordinance, Ch. 59 does not note that these two items be considered separate
ler the fee structure, and therefore, the staff proposal is not inconsistent with the ordinance.
Planning Staff Recommendation:.
1. The staff recommends approval of this amendment to the zoning fee and wetland fee structure.
City Council Action:
1. If the council agrees it should pass a resolution approving the revised fee structures for wetland and zoning.
Attachments:
1. Proposed Resolution.
2. Current fee structure.
Distribution:
1. City Clerk
3. City Attorney
4. City Administrator's Office
5. Planning Department File
6. Applicant
. JUNCIL ACTION: Mahon by second by: to:
I
3�
RESOLUTION
WHEREAS, Section 61700 of the Rochester Code of Ordinances provides that the
Common Council of the City or Rochester may from time to time by resolution establish and
amend a tee schedule for certain zoning actions: and.
WHEREAS. it is necessary to cover a portion of the costs for the administration of these
official controls by charging fees for the processing of various applications and certificates.
including wetland applications; and.
WHEREAS, the Wetland Conservation Act Rules, Chapter 8420, was adopted by
reference as Chapter 59 of the Rochester Code of Ordinances on Nov. 15, 1993: and,
WHEREAS, the City of Rochester established a fee structure for wetland applications
that was made part of the fee structure adopted with other zoning and development application
fees on August 20, 1996; and,
WHEREAS, the fee structure was mislabelled such that wetland fees were construed to
mean that they are zoning fees; and,
WHEREAS, wetland delineation and sequencing plans as separate applications create
review problems and inconsistencies with other state and federal rules:
NOW,THEREFORE, BE IT RESOLVED by the Common Council of the City of n
Rochester that the schedule of fees adopted on August 20, 1996 shall be amended to remove the
wetland fee schedule subsection and to create a separate fee schedule for wetland applications as
follows, and to become effective immediately upon adoption:
WETLAND CONSERVATION ORDINANCE CHAPTER 59 FEE SCHEDULE
Exception Determination $110
No -Loss Determination $110
Replacement Plan
Less than l acre of wetland silo
1-10 acres of wetland $550
1 1+ acres of wetland S800
Appeal S200
Banking Plan
Less than 1 acre of wetland S250
1-10 acres of wetland $550
1 1+ acres of wetland $800
Annual Monitoring Report S65
35
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REQUEST FOR COUNCIL ACTION
MEETING' J
DATE: 4-17-00 r
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
CONSENT AGENDA
PLANNING
D . 1 r
cM DESCRIPTION: Decision on the need for an Environmental Impact Statement for the
PREPARED BY:
Badger Ridge Development.
Brent Svenby
Planner
April 12, 2000
An EAW was prepared for the Badger Ridge development in February 2000 to determine the potential environmental effects
of this development that included 233 acres west of West Circle Drive, south of Valleyhigh Road NW.
The 30 day comment period on the EAW expired on April 5, 2000. Three comment letters were received (see attached).
Responses to the written comments from MCPA, MN DNR and MN Historical Society are enclosed.
Minnesota Rules require that a decision on this matter must be made by the RGU (Common Council) no later than 30 days
after April 5, 2000 (end of comment period).
Council Action Needed:
Adoption of a resolution setting forth the City's declaration on the EAW adequacy. The
resolution should include specific findings. This resolution will be transmitted by the Planning
Department to the Environmental Quality Board.
is
ichments:
1. Copy of April 12, 2000 memo from Planning Staff which includes a copy of the Badger Ridge EAW, comment letters
received and responses to the agency comments.
Distribution:
1. City Clerk
2. City Administrator
3. City Attorney
4. Planning Department File
5. Applicant: This item will be considered some time after 7:00 p.m. on Monday, April 17, 2000 in the Council/Board
Chambers at the Rochester -Olmsted Government Center Building
6. Yaggy Colby Associates
—UNCIL ACTION: Motion by: Second by: to:
TO: Rochester Common Council
FROM: Brent Svenby, Planner
DATE: April 12, 2000
n
R"Ten:nccst•-
ROCHESTER-OLMSTED
PLANNING DEPARTMENT
2122 CAMPUS DR SE
ROCHESTER MN 55904-4744
ADMINISTRATION/ 5071285.8232
PLANNING
GISIADDRESSING/
MAPPING
HOUSINGMRA
BUILDING CODE
WELL/SEPTIC
RE: Environmental Assessment Worksheet (EAW) for Badger RidgeAx
Background:
The 1973 Minnesota Environmental Policy Act, administered statewide through the
Environmental Quality Board, is the basis for the present Environmental Review Program of the
State of Minnesota. Minnesota Rules 4410.0200 - .7900 were promulgated to administer the
mandates of the Policy Act, spell out the specific environmental review procedures, and define
when and how they must be employed. The intent of the environmental review program is
identify early the potential impacts of a project and provide time for the decision makers to
require that mitigative measures are incorporated into the project design before local permits are
granted.
The first level of environmental review under the program is known as an Environmental
Assessment Worksheet or "EAW". The specific content, environmental scope, and procedures
for an EAW are specified in Minnesota Rules. The rules mandate what type of projects must go
through the EAW process and who will act as the responsible unit of government to determine if
additional environmental review is necessary in the form of a much more detailed Environmental
Impact Statement or "EIS".
The Badger Ridge development project exceeds three mandatory EAW categories in that it will
eventually result in the permanent conversion of 80 or more acres of agricultural land to a more
intensive use, involves industrial, commercial and residential uses (Minnesota Rules 4410.4300
Subp. 14,19, and 36).
The rules assign the responsibility for the EAW preparation and determination of adequacy to
the local unit of government which is charged with the responsibility to approve or deny permits
for the project to proceed. In this case, the local responsible governmental unit would be the
Rochester Common Council.
EAW Process:
The Environmental Assessment Worksheet for Badger Ridge was transmitted to the
Environmental Quality Board on February 15, 2000. The Planning Department notified and
provided a copy of the EAW to the various state and federal agencies prescribed by Minnesota
Rules. Copies of the EAW were made available to the City Clerk, County Administrator, and
Public Library for public display, as well as a copy at the Planning Department. A press release
was made to the Rochester Post Bulletin which explained the procedures for submitting
comments.
507/285.8232
507/285-8224
507/285-8213
507/285-8345
507/287.2275
�� AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
.T4eM D-rs
q-(%-oo A endw
Revised 2/99
ENVIRONMENTAL ASSESSMENT WORKSHEET
Note to preparers: This form is available at www.mnplan.state.mmus. EAW Guidelines will be
available in Spring 1999 at the web site. The Environmental Assessment Worksheet provides information
about a project that may have the potential for significant environmental effects. The EAW is prepared by
the Responsible Governmental Unit or its agents to determine whether an Environmental Impact Statement
should be prepared. The project proposer must supply any reasonably accessible data for — but should not
complete — the final worksheet. If a complete answer does not fit in the space allotted, attach additional
sheets as necessary. The complete question as well as the answer must be included if the EAW is prepared
electronically.
Note to reviewers: Comments must be submitted to the RGU during the 30-day comment period following
notice of the EAW in the EQB Monitor. Comments should address the accuracy and completeness of
information, potential impacts that warrant further investigation and the need for an EIS.
1. Project title Badger Ridge Subdivision
2. Proposer Hamilton Real Estate
Contact person Mac Hamilton
Title
Address Suite 100 Riverside Buildin
City, state, ZIP Rochester, MN 55904
Phone 507-281-1002
Fax
E-mail
4. Reason for EAW preparation (check one)
EIS scoping X Mandatory EAW
Proposer volunteered
3. RGU City of Rochester
Contact person Brent Svenbv
Title Planner
Address 2122 Campus Drive SE
City, state, ZIP Rochester, MN 55904
Phone 507-285-8232
Fax 507-287-2275
E-mail
Citizen petition RGU discretion
If EAW or EIS is mandatory give EQB rule category subpart number and subpart name: subpart 14.
Industrial. Commercial and Institutional Facilities subpart 19 Residential Development and subpart
36. Land Use Conversion.
5. Project location County Olmsted
City/Township City of Rochester
Part of the W 'h of the SE V. , part of the S '/s of the SW '''/, and part of the NE '/ of the SW %, of
Section 20, Township 107 North, Range 14 West, Olmsted County and Part of the SE '/. of the SE '/. of
Section 19, Township 107 North, Range 14 West, Olmsted County, Minnesota.
Attach each of the following to the EAW;
Figure 1: County map showing the general location of the project;
Figure 2: U.S. Geological Survey 7.5 minute, 1:24,000 scale map indicating project boundaries
(photocopy acceptable);
Figure 3: Site plan showing lots, roads, and stormwater facilities
Figure 4: Soils Map
6. Description
a. Provide a project summary of 50 words or less to be published in the EQB Monitor.
The proposed Badger Ridge development includes approximately 233 acres. Approximately 50
acres is proposed to be developed with commercial/industrial types of uses, 40 acres developed with
medium density development and the balance being proposed as low density residential
Page l of I
development. Development will include extending utilities and building new roads, stormwater,
pedestrian and park facilities.
b. Give a complete description of the proposed project and related new construction. Attach additional
sheets as necessary. Emphasize construction, operation methods and features that will cause physical
manipulation of the environment or will produce wastes. Include modifications to existing
equipment or industrial processes and significant demolition, removal or remodeling of existing
structures. Indicate the tithing and duration of construction activities.
The proposed Badger Ridge development includes approximately 233 acres and proposes
approximately 50 acres designated for Mixed Commercial -Industrial (M-1 zoning), 40 acres
designated for Medium Density (R-3 zoning), with the balance being proposed as low density
residential development (R-2 zoning) and open space. Construction will include the removal of the
existing homestead; grading of the sire for roads and building pads; installation of water, sewer and
other utilities, construction ofstormwater detention facilities, roads, houses and buildings. The
steeper sloped areas will be preserved for open space.
Construction equipment will temporarily emit noise and dust. Erosion and sedimentation may
occur during soil disturbance on the site. Detailed grading, erosion control and construction plan
will need to be submitted to and approved by the City prior to starting development activities.
The first phase will include approximately the construction of 164 residential units and the
development of the commercial lots. Construction is proposed for 2000, Future development will be
phased depending upon sales and market conditions.
c. Explain the project purpose; if the project will be carried out by a governmental unit, explain the need
for the project and identify its beneficiaries.
The project purpose is to create affordable housing within the City of Rochester along with
additional land available for commercial development.
d. Are future stages of this development including development on any outlets planned or likely to
happen? _Yes _X_No
If yes. briefly describe future stages, relationship to present project, timeline and plans for
environmental review.
e. Is this project a subsequent stage of an earlier project? _Yes X No
If yes, briefly describe the past development, timeline and any past environmental review.
7. Project magnitude data
Total project acreage 233 acres
Number of residential units: unattached attached approximately 490 maximum units per building
Commercial, industrial or institutional building area (gross floor space): total square feet 900.000
square feet of commercial development
Indicate areas of specific uses (in square feet)
Office 340,000
Manufacturing
Retail 110,000
Other industrial
Warehouse 450,000
Institutional
Light industrial
Agricultwal
Other commercial (specify)
Building height Max. 50 feet If over 2 stories, compare to heights of nearby buildings
Page 2 of 11
8. Permits and approvals required. List all known local, state and federal permits, approvals and
financial assistance for the project. Include modifications of any existing permits, governmental review of
plans and all direct and indirect forms of public financial assistance including bond guarantees, Tax
Increment Financing and infrastructure.
Unit of Government
Type of Application
Status
MPCA
State Disposal System Permit
To be applied for
National Pollutant Discharge Elimination
To be applied for
System (NPDES Storm Water Run-off)
Sanitary Sewer Extension and/or change permit
To be applied for
MN Dept. of Health
Water Main Extension Permit
To be applied for
Well maintenance or abandonment pennit
To be applied for
City of Rochester/i
Annexation
In process
Planning
Local Govemment
Wetland Delmeation/Certifrcate of Wetland Exemption
To be applied for
Unit (LGU)
(No Net Loss)
Olmsted Countv
Well Sealing Permits
To be applied for
City of Rochester
Comprehensive Plan .Amendment
In process
Rezoning
In process
General Development Plan
In process
Traffic Impact Study
In process
Preliminary Plat Approval
To be applied for
Final Plat Approval
To be applied for
Owner Contract-Street/Public Utilities
To be applied for
Sewer and Water Connection Permits
To be applied for
Grading Plan Approval/Permit
To be applied for
Storm Water Quality Permits
To be applied for
Site Development Plan
To be applied for
Demolition Permit
To be applied for
Building Permits
To be applied for
Uniform Fire Code Compliance review
To be applied for
Occu anc Permits
To be applied for
9. Land use. Describe current and recent past land use and development on the site and on adjacent lands.
Discuss project compatibility with adjacent and nearby land uses. Indicate whether any potential
conflicts involve environmental matters. Identify any potential environmental hazards due to past site
uses, such as soil contamination or abandoned storage tanks, or proximity to nearby hazardous liquid or
gas pipelines.
The current land use is agricultural. The proposed development is entirely in the 25-Year Urban
Service Area for the City of Rochester. The Land Use Plan designates this area mostly with low density
residential with some medium density residential and commercial in the northeast corner of the
development. Annexation, land use amendment and zone change applications have been submitted for
City review to allow for low density residential, medium density residential and mixed commercial -
industrial Zoning of the property. To our knowledge, two underground storage tanks have existed on the
property.
A portion of the property to the south, in the City of Rochester, is zoned M-1 (Mixed Commercial -
Industrial) which allows for commercial and industrial uses and zoned R-2 (Low density Residential).
This property has not been developed yet but does have an approved General Development Plan. The
remaining of the property to the south is currently in Olmsted County and used for agricultural
purposes. Land to the north and east is also in Olmsted County and used for agricultural purposes.
Land to the east, across West Circle Drive, is in the City of Rochester and is zoned for industrial uses.
Page 3 of 11
10. Cover types. Estimate the acreage of the site with each of the following cover types before and after
development:
TYPE
BEFORE
AFTER
—Types 1-8 wetlands
5
4.5
Wooded/forest
0
0
Brush/Grassland
45
30
Cropland
233
0
Lawn/landscaping
0
152.5
Im ervious surfaces
0
42
Other -Ponds
0
4
TOTAL
233
233
If Before and After totals are not equal, explain why:
11. Fish, wildlife and ecologically sensitive resources
a. Identify rish and wildlife resources and habitats on or near the site and describe how they would be
affected by the project. Describe any measures to be taken to minimize or avoid impacts.
The existing wildlife habitat includes open grassed meadow, agricultural cropland, roadway ditches,
drainage witvs and grassed slopes. This type of habitat is populated primarily by birds, both ground
nesting and tree nesting, deer, small game, rodents, and raptors.
The proposed development will change the available wildlife habitat by alteration of the vegetation
comm tin ities front open grassland to lawns, parking lots, houses, buildings and roads. More noise,
light and glare will be emitted by the proposed development. During construction, the construction
activity will cause disturbance to the immediate area and some temporary loss of habitat. Minimal
clearing of trees will be required to allow for construction of the project. Measures will be
incorporated in the plans to restore all disturbed areas, including seeding, mulching, and planting and
relocating trees.
b. Are any state -listed (endangered, threatened or special concern) species, rare plant communities or
other sensitive ecological resources such as native prairie habitat, colonial waterbird nesting colonies
or regionally rare plant communities on or near the site? Yes x No
The Olmsted, Minnesota County Biological Survey Map (1997) does not indicate any sensitive
ecological resources on the property. Don Nelson from the Minnesota Department of Natural
Resources has been contacted regarding this property and a review of the Minnesota Natural Heritage
database is in process.
If yes, describe the resource and how it would be affected by the project. Indicate if a site survey of the
resources has been conducted and describe the results. If the DNR Natural Heritage and Nongame
Research program has been contacted give the correspondence reference number: Describe
measures to minimize or avoid adverse impacts.
Page 4 of I I
12. Physical impacts on water resources. Will the project involve the physical or hydrologic alteration
— dredging, filling, stream diversion, outfall structure, diking, and impoundment — of any surface
waters such as a lake, pond, wetland, stream or drainage ditch? _X_Yes —No
If yes, identify water resource affected and give the DNR Protected Waters Inventory number(s) if the
water resources affected are on the PWI. Describe alternatives considered and proposed mitigation
measures to minimize impacts.
Two existing waterways will be diked to provide storm water ponding. These sites will have permanent
pools at least 3' deep. All work will be done in accordance with MPCA permit standards and BMP's.
13. Water use. Will the project involve installation or abandonment of any water wells, connection to or
changes in any public water supply or appropriation of any ground or surface water (including
dewatering)? _X_Yes _No
If yes, as applicable, give location and purpose of any new wells; public supply affected, changes to be
made, and water quantities to be used; the source, duration, quantity and purpose of any
appropriations; and unique well numbers and DNR appropriation permit numbers, if known. Identify
any existing and new wells on the site map. If there are no wells known on site, explain methodology
used to determine.
Two wells exist on the old farmstead site in the northeastern portion of the site. No unique well number
is known. The wells are not registered with the Olmsted County Well Index. The age or depth of the
wells are unknown. The abandoned wells will need to be sealed in accordance to Minnesota
Department of Health standards and the Olmsted County Water Well and Water Supply Ordinance by
a Minnesota Licensed water well contractor.
The project will be connected to the City of Rochester municipal water supply system that is designed
and operated to serve the water demands for potable water and fire protection in the City. The Cityof
Rochester System is operational by Rochester Public Utilities and operates under MN DNR
Appropriations Permit number 795076.
14. Water -related land use management district. Does any part of the project involve a shoreland
zoning district, a delineated 100-year flood plain, or a state or federally designated wild or scenic river
land use district? Yes X No
If yes, identify the district and discuss project compatibility with district land use restrictions.
15. Water surface use. Will the project change the number or type of watercraft on any water body?
_Yes _X_No
If yes, indicate the current and projected watercraft usage and discuss any potential overcrowding or
conflicts with other uses.
16. Erosion and sedimentation. Give the acreage to be graded or excavated and the cubic yards of soil to
be moved: 207 acres; cubic yards to be determined. Describe any steep slopes or highly erodible soils
and identify them on the site map. Describe any erosion and sedimentation control measures to be used
during and after project construction.
The grading and erosion control plan will need to be approved by the City prior to any grading
activities taking place for the development. The control of sedimentation and erosion will be subject to
MPCA Permits for Storm Water Discharge from construction sites. The MPCA standards require the
design and implementation of an erosion and sediment control plan and a post -completion water
management plan. The site grading will be accomplished in several phases likely not exceeding 50
acres at any one time and occurring over a period of 4 to 6 years. All topsoil will be salvaged and
reused as final cover over the finished grading. Temporary erosion control, including diking, silt
Page 5 of 11
fences, hav bale check dams and other best management practices will be used to minimize and control
erosion. Tracking of soil from soil from vehicles will be controlled by installation of a vehicle
stabilization entrance to%xii from the site. Sweeping and/or watering may also be used as necessary
to control dust and dirt generated by site work.
Any post construction erosion and sedimentation will be controlled by maintenance of vegetation and
landscaping materials. Also the stormwater drainage ways and the stormwater detention ponds will
provide some settling of suspended solids and will release surface water runoff at controlled rates to
minimize erosion downstream from the project site.
17. Water quality: surface water runoff
a. Compare the quantity and quality of site runoff before and after the project. Describe permanent
controls to manage or treat runoff. Describe any stormwater pollution prevention plans.
The city of Rochester will require compliance with the proposed City Stormwater Management Plan.
Under this plan, the developer may either handle storm water management on -site, if determined
feasible; the applicant may voluntarily contribute toward the City's Regional Stormwater
Management, If the developer contributes towards regional facilities, the City will collect the
necessaryfees to be used toward the construction of the regional facilities.
The development proposes ponds located in the far south end of the existing waterways to provide
sediment removal and storm water detention for the proposed development and enhance water quality.
The ponds are shown on Figure C. Grading and erosion control plans will conform to City of
Rochester requirements and meet NIPCA NPDES storm water permit requirements for construction
activity.
These ponds will limit the run-off volume from the 10 and 100-Year storm to be no greater than from
the existing non -developed site as required by the City of Rochester, Zoning Ordinance. Sediment
removal and sediment storage of the ponds will be designed to meet the City of Rochester Surface
Water Management Plan requirements. The pond outlets will discharge in the natural waterways to
the south. There is a South Zumbro Watershed Joint Powers Roard floor! control structure
immediately southwest of the site.
b. Identify routes and receiving water bodies for runoff from the site; include major downstream water
bodies as well as the immediate receiving waters. Estimate impact runoff on the quality of receiving
waters.
Run-off from the development will flow to the existing pond in Hartman Farms. The pond outfalls
flows in the natural waterways south to Hartman Farms and then flowing to Cascade Creek.
Temporary erosion control and best management practices will be incorporated into thefinal plans to
minimize erosion and sediment transport from the development. The City of Rochester will require the
project to meet city standards for the control ofsurface water quantity and quality based on the
Rochester Surface Water Management Plan.
18. Water quality: wastewaters
a. Describe sources, composition and quantities of all sanitary, municipal and industrial wastewater
produced or treated at the site.
The project will generate domestic sewage wastewater that will be discharged 10 the sanitarysewer
and treated at the Rochester Municipal Water Reclamation Plant. The 50 acre Commercial/Industrial
Zone is proposed to include 340,000 sq. ft. of office development, I10,000 sq. ft. of retail development
and 450,000 sq. ft. of warehouse development. The wastewater stream will be mostly domestic type
waste. Total wastewater flow is estimated at 513,375 gal/day.
b. Describe waste treatment methods or pollution prevention efforts and give estimates of composition
after treatment. Identify receiving waters, including major downstream water bodies, and estimate the
discharge impact on the quality of receiving waters. If the project involves on -site sewage systems,
Page 6 of 11
discuss the suitability of site conditions for such systems.
The project will only generate sewage that will be treated by the Rochester Water Reclamation Plant
which discharges to the South Branch of the Zumbro River in Northwest Rochester.
c. If wastes will be discharged into a publicly owned treatment facility, identify the facility, describe
any pretreatment provisions and discuss the facility's ability to handle the volume and composition of
wastes, identifying any improvements necessary.
Project wastewater will be treated by the Rochester Water Reclamation Plant. According to the
population growth projection made in the Rochester Wastewater Master plan, published in 1996, the
Rochester Water Reclamation Plant has adequate capacity to receive the project wastewater without
:he need for unscheduled improvements of the treatment plant. The proposed development will be
served by an extension of the 17" Street NW Trunk Line Sanitary Sewer. Mr. Doug Nelson, Assistant
City Engineer, was contacted in regards to the capacity of the existing sewer in I-0 St. NW to
accommodate the proposed increased flow from the proposed development. Mr. Nelson indicated the
19" St. sewer has adequate capacity. This sewer discharges to the City of Rochester Water
Reclamation Plant, which provides wastewater treatment prior to discharge to the Zumbro River. Nc
immediate improvements are proposed to the Water Reclamation Plant or required to serve this
project.
d. If the project requires disposal of liquid animal manure, describe disposal technique and location and
discuss capacity to handle the volume and composition of manure. Identify any improvements
necessary. Describe any required setbacks for land disposal systems.
Not applicable
19. Geologic hazards and soil conditions
a. Approximate depth (in feet) to ground water: 1-2 feet minimum greater than 5 feet average
to bedrock: 3 '/z feet minimum greater than 5 feet average
Describe any of the following geologic site hazards to ground water and also identify them on the site
map: sinkholes, shallow limestone formations or karst conditions. Describe measures to avoid or
minimize environmental problems due to any of these hazards.
The Geologic Atlas for Olmsted County pollution sensitivity sheet indicates the ground water sensitivity
rating to pollution to be high -moderate at the lower elevations to low -moderate and low at the higher
elevations. The low -moderate and low rating at the higher elevations is due to the underlying shale
layer above the St. Peter sandstone formation, which protects the lower aquifer. Bedrock is exposed or
close to the surface on the steeper slopes above elevation 1070. The existing farmstead wells will be
abandoned prior to development of the property in accordance with the Minnesota Department of
Health Well Cade. The Sinkhole and Sinkhole Probability Map in the Olmsted County Geologic Atlas
indicates that this area has low probability forsinkholes, In addition, no sinkholes have been found on
the site.
No potential site hazards are known to exist in the vicinity of the project. Soil borings will be
completed before the completion offinal plans for the project to assess site specific soil, bedrock, and
ground water conditions.
b. Describe the soils on the site, giving NRCS (SCS) classifications, if known. Discuss soil granularity
and potential for groundwater contamination from wastes or chemicals spread or spilled onto the soils.
Discuss any mitigation measures to prevent such contamination.
Soil Class
I Soil Description
H dric Class
Acres
19
Chaseburg Silt Loam
Flood lain soils 1
6.9
42E
Salida Gravelly Sandy Loam 12-35% slope, highly
erodible
Other
l
Page 7 of 11
Soil Class
Soil Description
H dric Class
Acres
99C
Racine Silt Loam, 6-12%slope, highly erodible
Other
2.3
99D2
Racine Loam, 12-18%, eroded
Other
.4
176
Garwin Silty Clay Loam
Hvdric Soils
1.3
203
Joy Silt Loam, 1-4 Sloe
Other
.l
ort B on Silt Loam, 1-5% slo e, hi hl erodible
Other
56.5
ort B on Silt Loam, 5-9% slo e, hi hl erodible
Other
34.4
indstrom Silt Loam, 2-6% sloe
Other
29.2
Q
indstrom Silt Loam, 6-15% slo e, hi hl erodible
Other
2
imula Silt Loam, 6-12% slo e, hi hl erodible
Other
53.4
imula Silt Loam, 12-18% slo e, hi hl erodible
Other
7.5
tter Silt Loam, channeled
Hydric and
Flood lain
472C
Channahon Loam, 6-12%slope, highly erodible
Other
3
473D
Dorerton Loam, 12-25% slope, highly erodible
Other
6.9
477B
Littleton Silt Loam, 14% sloe
Other
14
484E
E ota Loamy Sand, 12-25% slope, highly erodible
Other
1.9
898F
Brodale-Bellechester Complex, 25-60% slope,
highly erodible
Other
1.6
973D
Brodale-sogan Complex, 12-25% slope, highly
erodible
Other
6
20. Solid wastes, hazardous wastes, storage tanks
a. Describe types, amounts and compositions of solid or hazardous wastes, including solid animal
manure, sludge and ash, produced during construction and operation. Identify method and location of
disposal. For projects generating municipal solid waste, indicate if there is a source separation plan;
describe how the project will be modified for recycling. If hazardous waste is generated, indicate if
there is a hazardous waste minimization plan and routine hazardous waste reduction assessments.
Post development waste generated at the site will be household and commercial municipal waste and
will be disposed at the Olmsted County Waste to Energy Facility. Rochester solid waste haulers offer
curbside collection for recycling. Demolition debris and construction waste maybe recycled or
disposed at private facilities that are permitted by the Minnesota Pollution Control Agency.
b. Identify any toxic or hazardous materials to be used or present at the site and identify measures to be
used to prevent them from contaminating groundwater. If the use of toxic or hazardous materials will
lead to a regulated waste, discharge or emission, discuss any alternatives considered to minimize or
eliminate the waste, discharge or emission.
No toxic or hazardous materials are proposed to be used on the project site other than that used
during the construction process.
c. Indicate the number, location, size and use of any above or below ground tanks to store petroleum
products or other materials, except water. Describe any emergency response containment plans.
Two underground storage tanks are known to exist on the property, one for diesel fuel and the other
one for gasoline. The storage tank will be removed when the house is demolished. The proposed
zoning of the property does allow for business selling fuel. Any proposed business selling fuel will
need to comply with local, state and federal regulations.
21. Traffic. Parking spaces added 1 958 Existing spaces (if project involves expansion) Wit
Estimated total average daily traffic generated 15519 . Estimated maximum peak hour traffic
generated (if known) and time of occurrence 2,309 vehicles/hour, 4-6 p.m. peak.
Provide an estimate of the impact on traffic congestion on affected roads and describe any traffic
improvements necessary. If the project is within the Twin Cities metropolitan area, discuss its impact
Page 8 of 11
on the regional transportation system.
C S.A.H. 22 (West Circle Drive) has recently been upgraded to a four -lane divided expressway in
1998. This is consistent with the adopted Olmsted County/City of Rochester Thoroughfare Plan. Left
and right turn lanes have been constructed at all existing major intersections. Future intersections
will be anahzed to determine whether turn lanes should be added at the time ofconstruction. Signal
systems will be installed as they becomejustifed.
Based on the Traffic Impact Study done for the proposed development, the amount of traffic generated
at full build -out of the development will exceed the capacity of Valleyhigh Road and 50" Avenue NIV
50`fi Avenue NW is designated, as a collector on the adopted Long Range Thoroughfare Plan of the city
and the roadway will need to be upgraded to that standard. Currently Valleyhigh Road is a 2-lane
road and will need to be upgraded to an arterial roadway with turn lanes and signals at thefrst
intersection west of CSAH 22.
22. Vehicle -related air emissions. Estimate the effect of the project's traffic generation on air quality,
including carbon monoxide levels. Discuss the effect of traffic improvements or other mitigation
measures on air quality impacts. Note: If the project involves 500 or more parking spaces, consult
EA Guidelines about whether a detailed air quality analysis is needed.
Air quality impacts from the development generates traffic are anticipated to remain within the
Minnesota Pollution Control Agency (MPCA) Guidelines. The one hour MPCA standard for carbon
monoxide is 30 parts per million. Given the location of the proposed development on the fringe of the
City, with greater open space, less traffic congestion and lower building mass than found in the
downtown area, suggests that maintenance of the traffic air quality standards will not be an issue and
that the required ISP should provide a sufficient basis for addressing air quality concerns. A recent
study in downtown Rochester found that the maximum excepted I -hour CO concentration for the year
2015 in the PM Peak Hour would be 12.0 ppm, well below the one hour standard of 30 ppm.
23. Stationary source air emissions. Describe the type, sources, quantities and compositions of any
emissions from stationary sources of air emissions such as boilers, exhaust stacks or fugitive dust
sources. Include any hazardous air pollutants (consult EA IV Guidelines for a listing) and any
greenhouse gases (such as carbon dioxide, methane, nitrous oxide) and ozone -depleting chemicals
(chloro-fluorocarbons, hydrofluorocarbons, perfluorocarbons or sulfur hexafluoride). Also describe
any proposed pollution prevention techniques and proposed air pollution control devices. Describe the
impacts on air quality.
Stationary sources of air emissions will occur at the project site during demolition of existing
structures and construction activities.
Demolition of the existing homestead will be followed by construction of the development. The project
will be developed in phases with a total build -out in approximately 4 to 6years. Thephasing ofthe
development will depend on the market far housing and commercial properties.
24. Odors, noise and dust. Will the project generate odors, noise or dust during construction or during
operation? _X_Yes _No
If yes, describe sources, characteristics, duration, quantities or intensity and any proposed measures to
mitigate adverse impacts. Also identify locations of nearby sensitive receptors and estimate impacts on
them Discuss potential impacts on human health or quality of life. (Note: fugitive dust generated by
operations may be discussed at item 23 instead of here.)
Diesel odors will be emitted by construction equipment during the development of the project. No
other odors are anticipated during the construction.
Earth moving equipment and carpentry tools will emit noise during daylight hours. These noise
impacts will be temporary during the construction of the development. Post development noise will be
noises typically associated with occupancy ofresidential dwelling and commercial and industrial uses.
Page 9 of 11
Dust may be generated during the site grading. Dust will be controlled by sprinkling with water or
other suppressants. The construction period will be ofshort duration. Working hours will be limited
to between 7:00 a.m. and 6.60 p.m. Equipment will be monitored to assure mufflers and noise
shielding are in place.
25. Nearby resources. Are any of the following resources on or in proximity to the site?
Archaeological, historical or architectural resources? _Yes _X No
Prime or unique farmlands or land within an agricultural preserve? _X_Yes No
Designated parks, recreation areas or trails? _Yes _X_No
Scenic views and vistas? _Yes _X_No
Other unique resources? Yes X No
If yes, describe the resource and identify any project -related impacts on the resource. Describe any
measures to minimize or avoid adverse impacts.
Prime soils exist on the site, however, this area is zoned A-4 (Agricultural Urban -Expansion) District
on the Olmsted County Zoning Map and within the City of Rochester Urban Service Area where urban
development is anticipated and its loss is replaced with the benefits of compact development on urban
services. This area is ident fed for urban development since the adoption of the Olmsted County Land
Use Plan in 1978 and City of Rochester Urban Service Area Land Use Plan in 1980.
26, Visual impacts. Will the project create adverse visual impacts during construction or operation? Such
as glare from intense lights, lights visible in wilderness areas and large visible plumes from cooling
towers or exhaust stacks? X Yes No
If yes, explain.
Lights from vehicles and buildings may deter wildlife use of the site.
27. Compatibility with plans and land use regulations. Is the project subject to an adopted local
comprehensive plan, land use plan or regulation, or other applicable land use, water, or resource
management plan of a local, regional, state or federal agency?_X_Yes _No.
If yes, describe the plan, discuss its compatibility with the project and explain how any conflicts will
be resolved. If no, explain.
The project is consistent with the Olmsted County Land Use Plan and the Rochester Urban Service
Area Land Use Plan as being developed with urban development. The project developer has proposed
designating an area for "commercial" and "medium density residential" larger than what the plan
designates. If the land use plan amendments are approved, the proposed development would be
consistent with the adopted plans. The development will need to be developed in conformance with the
City of Rochester Zoning Ordinance and Land Development Manual.
28. Impact on infrastructure and public services. Will new or expanded utilities, roads, other
infrastructure or public services be required to serve the project? _X_Yes _No.
If yes, describe the new or additional infrastructure or services needed. (Note: any infrastructure that is
a connected action with respect to the project must be assessed in the EAW; see EA Guidelines for
details.)
Based upon the Traffic Impact Study prepared for the development, this development in conjunction
with the anticipated development of other properties in the travelshed of Yalleyhigh Road will require
the upgrading of Valleyhigh Road to fully accommodate future traffic demands. While there is
available capacity in the existing roadway system to accommodate some development generated
traffic, full build -out of the Badge Ridge site would cause the traffic volumes to exceed the capacity of
the existing roadway. Yalleyhigh Drive will likely need to be expanded to four lanes with turn lanes
and installation of traffic management measures such as signals is likely to be needed. The first
Page 10 of 11
entrance, west of West Circle Drive, has inadequate sight distance for eastbound traffic approaching.
A decision will need to be made whether this problem should be corrected immediately. If it is, one
option to consider, as part of this project to improve capacity on an interim basis would be to
construct a center two-way left turn lane as part of the part. While not required solely by this
development, this development and others will require upgrading of 501h Ave from its current status
also. A number of other improvements/modifications will be required to the adjacent roadways. The
upgrading of these facilities would be consistent with the current Long Range Thoroughfare Plan of
the city and will be needed to servefuture growth within the designated urban growth boundary and
not simply to serve this development.
29. Cumulative impacts. Minnesota Rule part 4410.1700, subpart 7, item B requires that the RGU
consider the "cumulative potential effects of related or anticipated future projects" when determining
the need for an environmental impact statement. Identify any past, present or reasonably foreseeable
future projects that may interact with the project described in this EAW in such a way as to cause
cumulative impacts. Describe the nature of the cumulative impacts and summarize any other available
information relevant to determ ning whether there is potential for significant environmental effects due
to cumulative impacts (or discuss each cumulative impact under appropriate dem(s) elsewhere on this
form).
.ill phases of the proposed Badger Ridge development are included in this EAW.
30. Other potential environmental impacts. If the project may cause any adverse environmental impacts
not addressed by items 1 to 28, identify and discuss them here, along with any proposed mitigation.
31, Summary of issues. Do not complete this section if the EAW is being donefor EIS scoping; instead,
address relevant issues in the draft Scoping Decision document, which must accompany the EAW. List
any impacts and issues identified above that may require further investigation before the project is
begun. Discuss any alternatives or mitigative measures that have been or may be considered for these
impacts and issues, including those that have been or may be ordered as permit conditions.
Traffic Impacts — Traffic Impact Study prepared for the development indicates that improvements are
necessary to the adjacent roadways inorder to accommodate the anticipated traffic volumes. Some of
this improvements will be required before the at the time the property is development and others will
happen will adjacent properties develop. The upgrading of these facilities would be consistent with the
current Long Range Thoroughfare Plan of the city and will be needed to serve future growth within the
designated urban growth boundary and not simply to serve this development.
RGU CERTIFICATION. The Environmental Quality Board will only accept SIGNED Environmental
Assessment Worksheets for public notice in the EQB Monitor.
I hereby certify that:
• The information contained in this document is accurate and complete to the best of my
knowledge.
• The EAW describes the complete project; there are no other projects, stages or components
other than those described in this document, which are related to the project as connected
actions or phased actions, as defined at Minnesota Rules, parts 4410.0200, subparts 9b and 60,
respectively.
• Copies of this EAW are being sent to the entire EQB distribution list.
SignatureDate Zlly/aL)
Title "NC l-
Environmental Assessment Worksheet was prepared by the staff of the Environmental Quality Board at
Minnesota Planning. For additional information, worksheets or for EAW Guidelines, contact:
Environmental Quality Board, 658 Cedar St., St. Paul, MN 55155, 651-296-8253, or
www. mnp lan. s tate. inn. us
Page i l of 11
::
BADGER RIDGE SUBDIVISION - ROCHESTER, MN.
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BADGER RIDGE SUBDIVISION — ROCHESTER, MN.
USGS MAP — FIGUREZ
e
z
BADGER PROPERTY t
D =_-SART OF SEC70, T107N, R14W 1 �'
ROCHESEER, OIMSTED COUNTY, MINNESOTA
GENERAL DEVELOPMENT PLAN
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BADGER
RIDGE SUBDIVISION - ROCHESTER, MN.
SCS SOILS MAP - FIGURE
Badger Ridge EAW
On March 6, 2000, the notice of availability was published in the EEOB Monitor. The 30-day
comment period expired on April 5, 2000, The following comments were received regarding this
EAW
1. Minnesota Department of Natural Resources (see attached)
2. Minnesota Pollution Control Agency (see attached)
3. Minnesota Historical Society (see attached)
Rochester's Responsibilities in the Process:
Under Minnesota Rules the City of Rochester is the responsible governmental unit (RGU) to
determine the need for further environmental review of a project by preparation of an
Environmental Impact Statement (EIS). The decision facing the City is whether a project has the
potential for significant environmental effects and compare the impacts that may be expected to
occur from the project with four criteria outlined in the rules (and listed below).
This report could act as a record of the findings made by the City and a basis for the decision
that is made. The City must make either a negative or a positive declaration. If a negative
declaration is made on the need for an EIS, then the City must notify all persons or agencies that
originally received copies of the EAW. The Environmental Quality Board shall publish the
decision in the EQB Monitor.
If a positive declaration is made, meaning an EIS must be prepared, then it should include the
scope of what specific issues must be addressed in the Environmental Impact Statement. A
positive declaration should include the time, date and location of the public meeting to discuss
the scope of the EIS. r `
Response to Comments:
Under the environmental review process, the RGU's record must provide written response to
substantive comments received during the EAW comment period. In this instance we received
written comments from those agencies listed above.
The comments received generally related to:
1. Additional Environmental Review
2. Wetlands
3. Erosion Control/Water Quality
4. Request for Photographs
Please see the attached letter from Yaggy Colby Associates dated April 11, 2000 for responses
to the concerns and issues raised by MN DNR and MCPA.
Response to the request for photographs: Photographs were sent to the MN Historical
Society on Tuesday, April 4, 2000.
Criteria for Determining Significant Environmental Effects:
In deciding whether a project has the potential for significant environmental effects, the City must
consider the following factors as outlined in Minnesota Rules 4410.1700 subp. 7:
A. Type, extent, and reversibility, of environmental effects;
B. Cumulative potential effects of related or anticipated future projects;
�b 3
Badger Ridge EAW
C. The extent to which the environmental effects are subject to mitigation by ongoing public
regulatory authority; and
D. The extent to which environmental effects can be anticipated and controlled as a result of
other available environmental studies undertaken by public agencies or the project proposer,
including other EIS's.
Findinas:
The Planning Staff recommends that based on the following findings that the City makes a
negative declaration on the need for an EIS for the Badger Ridge and that the project does not
have the potential for significant environmental effects:
1. The anticipated environmental effects of this project are found to be the same as those
experienced with any residential or commercial development in the City of Rochester. This
site has no unique environmentally sensitive features which warrant more detailed
investigations.
2. Water quality of surface waters from the runoff or waste waters from the site should not be
significantly degraded because of this project. Erosion and water quality of runoff will be
controlled by the installation of stormwater detention ponds and sediment traps. The
Rochester Zoning Ordinance and Land Development Manual provides for an ongoing
regulatory authority of the City over erosion control practices. Wastewater from this project
will be treated at the City of Rochester Wastewater Treatment Plant which is capable of
accepting the estimated amounts of wastewater generated by this project.
3. The potential for groundwater contamination is found to be reduced by the use of a
stormwater collection system which employs detention basins as compared to the existing
unrestricted overland flow in the property's present state. Spills on the ground surface will
have the potential to be intercepted in the stormwater detention areas before they leave the
property.
4. The anticipated cumulative loss of agricultural lands within the urban service area of the City
of Rochester (where sewer and water service is available) to urban land uses is an
anticipated effect of the orderly growth of the City. Land use policies direct development to
growth centers such as Rochester to reduce the pressure on agricultural lands in the
outlying area to be converted to residential uses. The more efficient use of land for
residential and commercial purposes where increased densities can be realized because of
sewer and water availability is expected to help conserve truly prime agricultural areas.
5. Dust and noise, which will be generated because of the construction of this project, will be
no more than typical for any residential or commercial development. The City of Rochester
has a noise ordinance which will protect nearby residents from unreasonable noise from
10:00 p.m. to 7:00 a.m. Methods for controlling dust will need to be implemented by the
developer. Detailed grading and drainage plans will need to be approved by the City prior to
construction and will need to incorporate erosion control measures.
This property is within the City of Rochester 25 year Urban Service Area according to the
Olmsted County Land Use Plan. Cumulative effects of development within the Urban
Service Area will include the loss of prime farmland and wildlife habitat. The loss of
terrestrial habitat and prime farmland caused by this development should actually help the
efforts to retain more significant habitats and farmlands in less developed areas of the
County by removing residential pressures and concentrating them in planned areas where
the density of development creates a more efficient use of land.
4
Badger Ridge EAW
ATTACHMENTS:
1. Badger Ridge EAW
2. Letter from Minnesota Department of Natural Resources
3. Letter from Minnesota Pollution Control Agency
4. Letter from Minnesota Historical Society
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ARCR1rCCT1
44100
April H, 2000
Brent Svenby
Olmsted County Planning
2122 SE Campus Drive
Rochester, MN 55904
RE: Badger Ridge
Dear Brent:
The following are our responses to comment letters:
MPCA LETTER
SURVEYORS
LANIILAl6 ARCIITICTI
li.ANKCRI
Item i l — The only wetland affected by the subdivision will be in Phase III. This area will be
kept in the back yards where possible. If the wetlands is affected by the street construction, it will
be replaced as required. The ponds are not disturbing wetlands. `.
Item 12 — The two detention ponds will be sized as per the Rochester Surface Water Management
Plan and will have standing water to allow water quality treatment. The ponds will be sized to
retain the QI00 without exceeding to pre -developed Qioo. The ponds will be maintained as
necessary during construction.
Item 16 — The development of the subdivision will occur in phases. Individual parcels in the R-3
and M-i areas will also be required to have their own sediment traps and other BMP's. The
Rochester Grading Plan requirements will also be in effect during construction.
Item 20 — The two tanks will be removed by a licensed contractor and the necessary testing and
paperwork will be completed.
Item 29 — No response necessary.
DNR LETTER
Item 11 — No comment needed.
Item 12 -The only wetland affected by the subdivision will be in Phase III. This area will be kept
in the back yards where possible. If the wetlands is affected by the street construction, it will be
replaced as required. The ponds are not disturbing wetlands.
Please call if you have any questions.
Sincerely,
YAGGY COLBY ASSO �` °TES
William S. Anderson, PE
WSA:bsd
YCA #6753
:E:
717 Third Avenue SE
Rochbhr, MN 55904
µ3'
Minnesota Pollution Control Agency
March 15, 2000
Mr. Brent Svenby, Planner
City of Rochester
2122 Campus Drive Southeast
Rochester, Minnesota 55904
RE: Badger Ridge Subdivision Development Environmental Assessment Worksheet (EAW)
Dear Mr. Svenby:
Thank you for the opportunity to comment on the Badger Ridge Subdivision Development EAW, in the
city of Rochester, Olmsted County. Based on the information contained in the EAW, the Environmental
Review staff believes that significant effects related to Minnesota Pollution Control Agency (MPCA)
may occur as a result of the project.
r
Therefore, the preparation of an Environmental Impact Statement (EIS) may be warranted to address the t
cumulative environmental effects that result from this project and any impacts that may result due to the
proximity of this project to the Weatherstone Development Project. Also to be considered are the
comments listed below:
Item 11: Fish, wildlife and ecologically sensitive resources: The information supplied shows the loss
of one half acre of wetlands but has no mention of replacement or mitigation plans for that loss. The
EAW also does not mention the need for a 401 certification.
Item 12. Physical Impact on Water Resources: The addition of 42 acres of impervious surface will
permanently affect the hydrology of the area. Since the EAW does not mention the water quality and
quantity performance criteria of the proposed detention ponds, it is important that the design of the
stormwater system not impair the functionality and long term water quality in the Hartman Farms pond
nor the stability of any natural drainage -ways. In addition, maintenance and cleanout of the ponds should
be conducted during each phase of the development of this area.
The figures supplied also do not show pond dimensions/shape or design and/or the location of any
regional pond location if this option is excersized.
Item 16. Erosion and Sedimentation: All site grading efforts have a significant potential for erosion
and sedimentation since much of the native soils will be displaced and the underlying highly erodible
parent sub -soils will be exposed. It is important to ensure that the project owner hold the National
Pollutant Discharge Elimination System construction stormwater permit throughout all phases of the
development and that persons or companies be specifically designated the task of installing and
maintaining all erosion and sediment control best management practices. It is also important to note that
these controls should be in place before grading starts.
520 Lafayette Rd. N.; St. Paul, MN 55155.4194; (651) 296.6300 (Voice); (651) 262-5332 (TTY)
Regional Offices: Duluth • Brainerd • Detroit Lakes • Marshall • Rochester
Equal Opportunity Employer • Pnmed on recycled paper containing at least 20% fibers from paper recycled by consumers.
Mr. Brent Svenby
Page Two
The EAW states: "grading... likely not exceeding 50 acres at any one time." It should be noted that
opening up a 50 acre area could make it very difficult to control erosion. While not required, phasing
should be scheduled to opening areas on the order of about 20 acres at any one time (or plan on stepping
up minimum control efforts, sometimes by a considerable degree).
Item 20. Solid wastes, hazardous wastes, storage tanks: The MPCA does not have a record of these
tanks. If the Underground Storage Tanks (USTs) were <1,100 gal. and used at a residential or farm
setting, then we would not have needed a registration, or any demonstration of operational controls.
The State Fire Marshal's Office, however, requires that all tanks out of service for I year, need to be
permanently closed or removed, or filled in place with inert solid other than sand as pre -approved by the
state fire marshall's authority. This is regardless of type use/setting. Furthermore, if any contamination
may be evidenced in the required UST closure process, release reporting may be required. If any
contamination is encountered during the removal of these tanks, then the State Duty Officer needs to be
immediately notified at 1-800-422-0798.
Item 29. Cumulative impacts: As noted, this development will exceed capacities of existing roadways
(along with neighboring development) and will have the secondary effect of adding more impervious
surfaces through necessary Valleyhigh road upgrades. Additional stormwater concerns will be generated
by this project that will have to subsequently be managed by the city of Rochester.
We look forward to receiving the required responses to our comments, and your decision on the need for
an EIS. If you have any questions regarding our comment letter, please contact me at (651) 297-8236
C Sincerely, o
Denise Leezer
Project Manager
Operations & Planning Section
North and South District
DL:sjs
cc: Dave Morrison, SD/RO, Rochester
'{5
Minnesota Department of Natural Resources
i1H1 Lafayette Road
St. Pau1.'1linncsota 55155-40
March 31, 2000
Brent Svenby, Planner
City of Rochester
2122 Campus Drive SE
Rochester, Minnesota 55904
Re: EAW for Badger Ridge Subdivision
Dear Mr. Svenby:
The Minnesota Department of Natural Resources (MDNR) has reviewed the above -referenced
document and provides the following comments for your consideration.
Item 11. Fish, wildlife and ecologically sensitive resources
Contrary to statements in the EAW, this project will result in a loss of wildlife habitat, not simply
the conversion one type of habitat to another. Parking lots, houses, buildings and roads represent
a net loss in wildlife habitat for the species currently using this area. The proposed development
contributes to the cumulative loss of wildlife habitat as the city of Rochester continues to grow.
A search of the MDNR Natural Heritage database found no records of listed elements within a
one mile radius of the project site.
Item 12. Physical impacts on water resources
The EAW states that existing waterways will be diked to provide stormwater ponding. It is
unclear if there are wetlands adjacent to these waterways that will be inundated by the ponds.
The EAW included no map of wetlands, but we expect that wetlands would be found in the low
areas on the property along the natural drainageways. We strongly recommend that existing
wetlands not be used for stormwater ponds. Stormwater detention ponds should be constructed
in adjacent upland areas for treatment of stormwater prior to discharge into existing wetlands.
Thank you for the opportunity to review this document. Based on the information provided, we see
no need for further environmental review on the project. We look forward to receiving your Record
of Decision and responses to comments. Minnesota Rules part 4410.1700, subparts 4 & 5, require
DNR Information:651-296-6157 a 1-888-646-6367 a TIY:651-296-5494 • 1-800-657-3929
An Equal Cppostututy Employer Primed on Recycled Paper ComaWlq a
Who Values Diversity 0 Minimum o110% Pos-Consumer Waste
4(,p
you to send us your Record of Decision within five days of deciding this action. Please contact Ken
Wald of my staff at (651) 296-4790 if you have questions regarding this letter.
Sincerely,
Thomas W. Balcom, Supervisor
Environmental Planning and Review Section
Office of Management and Budget Services
c: Joe Oschwald
Con Christianson
Larry Nelson
Don Nelson
Jon Larsen, EQB
Russ Peterson, US F&WS
Mac Hamilton, Hamilton Real Estate
Badger Ridge let.wpd
000209-t
1
MINNESOTA HISTORICAL SOCIETY
March 17, 2000
Mr. Brent Svenby
City of Rochester
2122 Campus Drive SE
Rochester, MN 55904
Re: EAW - Badger Ridge Subdivision
Rochester, Olmsted County
SHPO Number: 2000-1518
Dear Mr. Svenby:
Thank you for providing this office with a copy of the Environmental Assessment Worksheet for
the above -referenced project. It has been reviewed pursuant to responsibilities given to the
Minnesota Historical Society by the Minnesota Historic Sites Act and the Minnesota Field '
Archaeology Act and through the process outlined in Minnesota Rules 4410.1600.
In order to fully assess the adequacy of the response to question 25a, we request that you
submit photographs of any buildings in the project area which were built before 1950.
Contact our office at 651-296-5462 with questions or concerns.
Sincerely,
Dennis A. Gimmestad
Government Programs & Compliance Officer
`_.
S45 KELLOGG BOULEVARD WEST; SAINT PAUL. MINNESOTA.i5108-1906 /TELEPHONE: 651-296.6126
REQUEST FOR COUNCIL ACTION
MEETING
DATE: 04-j?-00
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
CONSENT
PL.VN-.NNG
�
D—I {O
M DESCRIPTION: Annexation by Ordinance Petition #00-04 by Seneca Food Corporation
PREPARED BY:
to annex approximately 175.09 acres of land located south of 20" Street SE, east of
Theresa Fogarty,
Highway 63 and north of Highway 52, in Section 13, Rochester Township.
Planner
April 13, 2000
City Planning and Zoning Commission Recommendation:
The City Planning and Zoning Commission reviewed this annexation request on April 12, 2000. The Commission found that this
property is adjacent to the city limits and can be served by City services. The Planning Commission therefore recommends approval of
this request.
Motion by Petersson to approve Annexation #00-04 by Seneca Food Corporation, seconded
by Staver. The motion carried 6-0.
Planning Department Recommendation:
See attached staff report, dated April 4, 2000,
Planning Deoartment Recommendation:
Minnesota Statutes now specify that the property taxes payable in the year an annexation is effective shall be paid to the Township.
For the five years following the annexation, the City must make a cash payment to the Township equaling 90%, 70%, 50%, 30% and
10% of the Townships share of the taxes in the year the property was annexed. The Township Taxbs on this property foi'1999 is
$1,049,02.
Council Action Needed:
1. Following the public hearing, if the Council wishes to proceed as petitioned, it should
instruct the City Attorney to prepare an ordinance to be adopted and transmitted to the MN
Planning /Office of Strategic and Long Range Planning.
Attachments:
1. Staff Report, dated April 4, 2000.
Distribution:
1. City Administrator
2. City Clerk
3. City Attorney: Legal Description Attached
4, City Finance Director. Tax Information Attached
5, Planning Department File
6. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, April 17, 2000 in the Council Chambers at the
Rochester / Olmsted County Government Center,
7. McGhie & Betts, Inc.
COUNCIL ACTION: Motion by: Second by: to:
LINE NWI
ANNEXA7'I0N "°��904A
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ROCHESTER, MINNESOTA
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IIESTER-OLMSTED
PLANNING DEPARTMENT
2122 CAMPUS DR SE
ROCHESTER MN 55904.4744
ADMINISTRATION/ 507/285-8232
PLANNING
TO: City Planning and Zoning Commission MAPPIINGESSING 507/285.8232
HOUSINOMRA 507/285-8224
FROM: Theresa Fogarty, Planner BUILDING CODE 5071285-8213
WELUSEPTIC 5071285-8345
DATE: April 4, 2000 FAX 5071287-2275
RE: Annexation Petition #00-04 by Seneca Food Corporation to annex
approximately 175.09 acres of land located south of 20th Street SE, east of
Highway 63 and north of Highway 52, in Section 13, Rochester Township.
Planning Department Review:
Is
ApplicantslOwners: Seneca Food Corporation
1217 V Avenue SE
Rochester, MN 55904
Location of Property: The property is located south of 20'" Street SE, east of
Highway 63 and north of Highway 52.
Existing Land Use: This property is vacant and undeveloped land.
Size: The property proposed for annexation is approximately
175.09 acres of unplatted land.
Existing Zoning: The property is zoned A-4 (Agricultural Urban Expansion)
District on the Olmsted County zoning map. The floodway
and flood fringe overlay zoning district also apply to this
property.
Future Zoning: Upon annexation, the property should be place in a
"Holding" Zone. The applicant may want to file a Zoning
District Amendment for future use of the property.
Land Use Plan:
According to the Rochester Urban Service Area Land Use
Plan, this parcel is shown as being designated for "Industrial'
on the westerly and southern portions of the land proposed for
annexation and "Medium Density" on the easterly and
northerly portion.
• General Development Plan:
A General Development Plan was approved for this area in
August of 1998.
—Adjacency to the Municipal
The property is adjacent to the city limits along its
lz�
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
Page 2
r )April 4, 2000
Limits: northern/westerly and its northernieasterly boundaries
Sewer & Water: Main Level Water System service is available to this property.
Thoroughfare Plan: As development or re -use of this property proceeds, it should
be noted from a transportation perspective that the city will be
interested in working with the owner or future developers
regarding the alignment of Td Avenue SE, and the bike trail
along Willow Creek.
Wetlands: There are potentially substantial areas of wetland and
floodplain located on this property. The applicant should plan
on completing a wetland delineation early in the development
process in order to determine the developable portion of the
site and what areas to avoid.
Townboard Review: Minnesota State Statutes 414.033, Subd. 5, states that "Within
90 days from the date of service, the town board or the
municipal council of such abutting municipality may submit
written objections to the annexation to the board and the
annexing municipality. Upon receipt of such objections, the
board shall proceed to hold a hearing and issue its order in
accordance with section 414.031, subdivisions 3 and 4. If
written objections are not submitted within the time specified
in this section and if the municipal council determines that
property proposed for annexation is now or is about to
become urban or suburban in character, it may by ordinance
declare such land annexed to the municipality".
The Annexation Petition was filed on January 31, 2000 and is
scheduled for Council Action at their April 17, 2000 meeting.
To date, no objections have been received by the Rochester
Townboard.
Report Attachments: 1. Annexation Map
2. Location Map
3. Referral Comments ( letters)
Staff Recommendation:
• This property is adjacent to the City limits and can be served by city services upon extension of
the sanitary sewer and water lines from their present ends. The Planning staff recommends
that the City proceed to adopt an ordinance annexing the property according to Minnesota
Statutes 414.033, Subdivision 2 (5).
• Staff also recommends that upon annexation to the City, this property be zoned H-Holding
District.
REQUEST FOR COUNCIL ACTION MEETING 53
DATE: 4/17/00
AGENDA SECTION:
CONSENT AGENDA
EM DESCRIPTION:
Block 1
ORIGINATING DEPT! ITEM NO.
Public Works ,) -/Pl
PREPARED BY: P_
M. Nigbur '0"44
The Owner of Lot 1, Block 1 Plaza 41 Northwest has asked the City of Rochester for a Revocable
Permit to place a nonstandard Storm Sewer pipe within a City Drainage Easement. The placement of
the Storm Sewer Pipe allows the Owner to fill in an existing drainage ditch and utilize the area for
driveway purposes. Staff's concern with the placement of this pipe is the potential failure within the first
5 years.
Staff has reviewed the request and would recommend in favor of granting a Revocable Permit for a 5
year period. In addition to the standard conditions the permit should also state the following:
• The permit is valid for a 5 year period
• The Owner shall provide a bond for this 5 year term for the correction or removal of the Storm
Sewer Pipe in the event of failure.
• The Pipe installed shall include an aluminized coating.
• If at the end of the 5 year term the facility is in a condition acceptable to the Public Works
Department the Storm Sewer Pipe will become a part of the City s infrastructure.
31st Avenue NW
N
n
Storm Sewer k
Pipe f
COUNCIL ACTION REQUESTED:
41st Street NW
Direct the City Attorney to prepare a revocable permit to allow the placement of a non-standard Storm
Sewer Pipe within a Drainage Easement along Lot 1, Block 1 Plaza 41 Northwest.
— DUNCIL ACTION: Motion bv: Second bv: to:
REQUEST FOR COUNCIL ACTION MEETING E545"
DATE: 4/17/00
AGENDA SECTION:
CONSENT AGENDA
t t cM DESCRIPTION: Development Agreement —
ORIGINATING DEPT: ITEM NO.
Public Works D • ( Q
Street SW. PREPARED BY: k,
M. NigburO*
The Owners and Developers of the Fiksdal Property, Joe Powers and City Staff have had discussions
relating to construction of the project 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:
• Access and access restrictions for the property.
• Dedication of new alley right of way.
• Construction of a new rerouted alley and associated infrastructure.
• Payment of other development related charges including SAC, WAC, Street
Reconstruction charges, and participation in the City s Storm Water Management
Plan.
• Perpetual maintenance of the rerouted alley by the Owner/Developer
Staff recommends the Council approve the Development Agreement. The developers have executed
the agreement subject to the receipt of permit parking along 12'hAvenue and 1 st Street.
COUNCIL ACTION REQUESTED:
Authorize the Mayor and City Clerk to execute the Development Agreement with Fiksdal Motel of
Rochester, LLC & Rochester Suites Hotel, LLC [Staybridge and Fiksdal Owner] and Joseph and Sandra Powers,
Husband and wife [Canadian Honker Restaurant Owner
k,JUNCIL ACTION: Morton bv: second by: to:
REQUEST FOR COUNCIL ACTION MEETING 51 ,,
DATE: 4/17/00
AGENDA SECTION:
CONSENT AGENDA
ORIGINATING DEPT:
ITEM DESCRIPTION: Owner Contract — North Park Tenth
Public Works
ITEM NO.
D -/i
PREPARED BY:
I. Baker'
Staff would offer the following Owner Contract project for consideration by the Council:
• North Park Tenth Subdivision - Mr. Leslie Lurken (Owner) & S. L. Contracting (Contractor) are
requesting a City / Owner Contract J9663 consisting of "Basic Construction to Serve North Park
Tenth Subdivision".
Note: Final Plat approval for North Park Tenth Subdivision is also scheduled for consideration by
the Council at the April 17' meeting.
COUNCIL ACTION REQUESTED:
Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9663
"Basic Construction to Serve North Park Tenth Subdivision", contingent on approval of the North Park
Tenth Subdivision Final Plat.
COUNCIL ACTION: Motion by: second by:
REQUEST FOR COUNCIL ACTION
AGENDA SECTION: ORIGINATING DEPT:
CONSENT AGENDA Public Works
,, :MDESCRIPTION:
owner Contract - Wood Lake Park Second Subdivision -
Phase III. (J9670)
MEETING 51
DATE: 4/17/00
ITEM NO.
D-;to
PReARED BY: Z'L
M. Baker +,b
Staff would offer the following Owner Contract project for consideration by the Council:
• Wood Lake Park Second Subdivision, Phase III - Wood Lake Land Enterprises LP (Owner) & Bob
Braaton Construction (Contractor) are requesting a City / Owner Contract J9670 consisting of
"Public Improvements in Wood Lake Dr SE & 35" St SE to Serve Lot 4, Block 1, Lots 1 & 2, Block
2, Lots 1 & 2, Block 3, and Lots 3 & 4, Block 4, all in Wood Lake Park Second Subdivision".
MSTSE
" . V4000 LACE DR SE - 1�
O
- 35STSE. _- -
SW -....y w
OMLTON- SW .. -
OW BEND.
COUNCIL ACTION REQUESTED:
i1
Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9670
"Wood Lake Park Second Subdivision - Phase III"
- )UNCIL ACTION: Motion by: Second
REQUEST FOR COUNCIL ACTION
AGENDA SECTION:
CONSENT AGENDA
I FM DESCRIPTION: Owner Contract —
ORIGINATING DEPT:
Public Works
s Subdivision (J9619)
MEETING
DATE: 4/17100
ITEM NO.
D -W�11- I
PREPARED BY:&*U
V. Baker 4S .
Staff would offer the following Owner Contract project for consideration by the Council:
• Spruce Meadows Subdivision - Mr. Arnold Bomgaars (Owner and Contractor) is requesting a City /
Owner Contract J9619 consisting of "Basic Construction to Serve Spruce Meadows Subdivision".
amy,
i
i
usrse
law
tll
Tug
c
COUNCIL ACTION REQUESTED:
I)
Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9619
"Basic Construction to Serve Spruce Meadows Subdivision"
%.OUNCIL ACTION: Motion by: Second by: to:
REQUEST FOR COUNCIL ACTION
MEETING l 3 11�
DATE: 4/17'00
AGENDA SECTION:
CONSENT AGENDA
.. EM DESCRIPTION:
(J9672)
Background:
ORIGINATING DEPT: ITEM NO.
Public Works .D-a.7-
Orchard Ridqe First Addition -Phase
PREPARED BY:
V. Baker
On April 3, 2000 the Council adopted a resolution authorizing the Mayor and City Clerk to execute a
City I Owner Contract for J9672 "Basic Construction to serve Lots 6-8, Block 2, Lots 1-7, Block 3,
Lot 4, Block 4, Lots 1-16, Block 5, Lots 1-1 3, Block 6, Lots 1-8, Block 7, Lots 1-8, Block 8, Outlot C,
including 65t` St NW, and Freedom Or NW from 65" St NW to Outlot D, all in Orchard Ridge First
Addition. Staff has learned that the Lot & Block description submitted by the Owner's consultant for
the City I Owner Contract does not correspond with the Lot & Block designation assigned on the
Final Plat of Orchard Ridge First Addition. What had been described as Lots 1 -16, Block 5 has
been re -named Lots 14 - 29, Block 4. Therefore, the Lot & Block description indicated in the
contract needs to be amended.
Staff would offer the following Amended Owner Contract for consideration by the Council:
Orchard Ridge First Addition - Phase I - K & P Properties (Owner) & Elcor Construction
(Contractor) are requesting a City / Owner Contract J9672 consisting of basic construction to serve
that part of Orchard Ridge First Addition described as Lots 6-8, Block 2, Lots 1-7, Block 3 Lot 4,
Block 4, Lots 14-29, Block 4, Lots 1-13, Block 6, Lots 1-8, Block 7, Lots 1-8, Block 8, Outlot C,
including 65^ St NW, and Freedom Dr NW from 65'" St NW to the southerly point of Lot 4, Block 4.
L
� s
e,
I
y,. jp'A t6
COUNCIL ACTION REQUESTED:
Adopt a Resolution authorizing the Mayor and City Clerk to execute the Amended City / Owner
Contract for J9672 "Basic construction to serve Lots 6-8, Block 2, Lots 1-7, Block 3, Lot 4, Block 4,
Lots 14-29, Block 4, Lots 1-13, Block 6, Lots 1-8, Block 7, Lots 1-8, Block 8, Outlot C, including 65"'
St NW, and Freedom Dr NW from 65' St NW to the southerly point of Lot 4, Block 4, all in Orchard
Ridge First Addition".
_OUNCIL ACTION: Motion by: Second
REQUEST FOR COUNCIL ACTION
AGENDA SECTION:
CONSENT AGENDA
.. -M DESCRIPTION: Pedestrian Facility Agreements
ORIGINATING DEPT:
Public Works
MEETING I(J;0— 1-1
DATE: 4/17/00
ITEM NO.
D-;23
PREPARED BY:
M. Baker I
Staff would offer the following Pedestrian Facility Agreements for consideration by the Council:
• Valley Golf, Inc. — The Owner has requested that a Pedestrian Facilities Agreement be approved to
address the Owner's financial obligation with regard to construction of a ten (10) foot wide
bituminous pedestrian path along the Owner's frontage of 11"' Ave SW.
• Western Walls, Inc. — The Owner has requested that a Pedestrian Facilities Agreement be
approved to address the Owner's obligation related to the timing for construction of pedestrian
facilities along 7"' St NW, within Diamond Ridge Seventeen Subdivision, as well as, the Owner's
financial responsibility to provide the required facilities.
I
COUNCIL ACTION REQUESTED:
Adopt a Resolution authorizing the Mayor and City Clerk to execute the above referenced Pedestrian
Facility Agreements.
—JUNCIL ACTION: Motion by: second
REQUEST FOR COUNCIL ACTION
MEETING
DATE: 4/17/00
AGENDA SECTION:
ORIGINATING DEPT:
Public Works
ITEM NO.
D - 3q
CONSENT AGENDA
cM DESCRIPTION: ADVERTISE FOR BIDS. "Public Improvements to Sunset Ave,
PREPARED BY:
Rose Ave, and Harbor Parkway in Rose Harbor" J-9656
D. Nelson
This is a request for a resolution to advertise for bids for the following 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
COUNCIL ACTION REQUESTED:
Adopt a resolution authorizing the City Clerk to advertise for bids and conduct a bid opening.
..JUNCIL ACTION: Motion by: second by: to:
REQUEST FOR COUNCIL ACTION MEETING
DATE:
(D1 i
4117100
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
CONSENT AGENDA
Public Works
D -;S
EM DESCRIPTION: Utility Connection Agreement: 2711 Salem Road SE
PREPARED BY:
Mr. and Mrs. John C. Magnotto
1pf J. Loehr
Mr. and Mrs. John C. Magnotto request permission from the City to connect their property located at
2711 Salem Road SW, Plat 5127 Parcel 003100, to the public sanitary sewer and watermain systems.
The property is subject to Sanitary Sewer and Watermain Connection Charges, a Sewer Availability
Charges and a Water Availability Charge for the benefit received by the property from the public sewer
and water systems. The amount of charges attributable to the property are as follow:
Sanitary Sewer and Watermain Connection Charge
....... .... .......1-1Q acre maximum connection charges $16,320.00
Sewer Availability Charge 1.50 acres x $1,500 per acre 2,250.00
Water Availability Charge 1.50 acres x $1 500 per acre 2,250.00
Amount of Charges Attributable to the Property $20,820.00
Credit for Excessive Length Sewer Service - 3,501.00
Charges Attributable to the Property $17,319.00
A Utility Connection Agreement between the City of Rochester and the Magnotto's is prepared. Mr.
and Mrs. Magnotto have reviewed and signed the Agreement. The Agreement requires the owner to
pay to the City $17,319.00 within 30 days of receipt of written notice (invoice) for payment of the
charges.
The Department of Public Works will invoice Mr. and Mrs. Magnotto after the Utility Connection
Agreement is signed by the Mayor and City Clerk. Payment of the charges are required within 30 days
of written notice of the charges.
In the event the owner fails to pay the amount of $17,319.00 within 30 days of written notice, the City
shall assess this amount against the property as an unpaid charge, with payment required over a
period of one year. Interest will be charged at 7.5% annually on the unpaid balance.
COUNCIL ACTION REQUESTED:
1. Authorize the Mayor and City Clerk to enter into the Utility Connection Agreement.
Aft: Utility Connection Agreement
DUNCIL ACTION: motion by: second by: to:
AGENDA SECTION:
CONSENT AGENDA
REQUEST FOR COUNCIL ACTION
ORIGINATING DEPT:
Public Works
MEETING "'021
DATE: 4/17100
ITEM NO.
D-ab
ITEM DESCRIPTION: Feasibility Report for Trunkline Sanitary Sewer from the Willow PREPARED BY:
Creek Trunkline to Serve Marion Township, J9598 �Y.&JJ, Loehr F
This is the Feasibility Report for the construction of a trunkline sanitary sewer to serve Marion
Township in a project described as follows:
Project No. M001. J9598
"Trunkline Sanitary Sewer from the Willow Creek Trunkline Sewer to Marion Road S.E. to Serve
Sewer Districts 16A, 16B, 16C and 16D in Marion Township"
The estimated construction costs and expense of this project are as follows:
Phase I (J9598)
Construction Cost
$ 747,233
Engineeringlinterest/Contingencies 298,893
Total Estimated Project Cost $1,046,126
The Marion Road trunkline sewer project is included in and listed on page 354 of the 2000 Capital
Budget.
Phase II (20°" Street SE Sub-Trunkline Sanitary Sewer)
Construction Cost $ 369,538
Engineering/interest/Contingencies 147,815
Total Estimated Project Cost $ 517,353
Phase III (Badger Run Sub-Trunkline Sanitary Sewer)
Construction Cost $ 969,231
Engineering/interest/Contingencies 387,692
Total Estimated Project Cost $1,356,923
Combined Estimated Proiect Costs for Phases I. II and III
Construction Cost $2,086,002
Engineering/interest/Contingencies 834,400
Total Estimated Project Cost $2,920,402
The projects are proposed to be funded from sales tax eligible Sewer Availability Charges (SAC)
included in future Utility Connection Agreements, 707 Fund — Sewer Utility for project costs that we
don't anticipate will be recovered and internal borrowing from 707 Fund — Sewer Utility to be recovered
from Sewer Availability Charges (SAC) included in future Developer Agreements and/or City -Owner
Contracts.
COUNCIL ACTION REQUESTED:
1. Adopt a resolution accepting the Feasibility Report.
. %)UNCIL ACTION: Motion by: Second by: to:
REPORT ON THE FEASIBILITY OF PROPOSED 173
LOCAL IMPROVEMENT PROJECT
MARION ROAD - TRUNKLINE SANITARY SEWER
April 12, 2000
Honorable Mayor & Common Council
City of Rochester, Minnesota
Petitions for sanitary sewer and watermain to serve properties in Marion Township were previously
presented to the City Council for consideration. The installation of this trunkline sanitary sewer is
necessary to serve the properties in Marion Township that are included in these petitions. With the
construction of future sub-trunkline sewers in 20th Street SE and along Badger Run, this trunkline sewer
will initially serve sewer districts 16A, 16B, 16C and 16D. These districts are within the current Urban
Service Area. This trunkline sewer is designed to serve an additional 2,600 acres that are outside the
current Urban Service Area.
Developed properties affected by the trunkline sanitary sewer project are eligible to participate in the
City of Rochester Water Quality Protection Program adopted by the City Council on December 21, 1999.
Feasibility Resort ,
We report that the above referenced project is feasible and recommend its construction. This trunkline
sewer project is proposed to be constructed within existing undeveloped properties or in Olmsted County
Marion Road right-of-way. Easement acquisition is required for the construction of this project.
A majority of the septic systems and wells within the trunkline sewer district were constructed prior to
the State of Minnesota and Olmsted County having any requirements or standards for construction of
septic systems and wells. The lots are typically under''/l acre in size and are unable to absorb the nitrates
created from the septic systems. There is an increasing threat of contamination to the City of Rochester's
ground water supply as the existing septic systems and wells begin to fail. This project would facilitate
the extension of sanitary sewer mains within the petition areas to allow property owners of developed
lots to connect to public sanitary sewer rather than replacing their old septic systems when they fail. The
proposed project will also provide for future extension of sanitary sewer mains to serve undeveloped
property within the trunkline sewer district.
The proposed project for Phase I consists of constructing a 27-inch trunkline sanitary sewer line and a
21-inch trunkline sanitary sewer at the following locations:
I. 27" sewer from an existing trunkline sanitary sewer located at the Southwest comer of
MacQuillan Field then east along the south line of MacQuillan Field to the eastside of
Marion Road S.E.
2. 27" sewer along the north side of Marion Road S.E. to a point 200+ feet west of the Marion
Road S.E. bridge.
3. 21" sewer from Marion Road S.E. to the south along the 30th Avenue S.E. alignment to the
intersection of 22nd Street S.E.
e74
The estimated construction costs and expenses for the project made without completed plans or survey
are as follows:
Phase I Willow Creek Trunkline Sewer to Marion Road and 30th Avenue $ 747,233
Engineering, Interest, Contingencies and AUAR 298,893
Estimated Cost for Phase I $1,046,126
The proposed project for Phase II consists of constructing a 21-inch sub-trunkline sanitary sewer line at
the following locations:
1. 21-inch sewer from a 27-inch trunkline sanitary sewer constructed in Phase I at the eastside
of Marion Road SE at 20th Street SE easterly on 20th Street to a point 200 feet east 37th
Avenue SE.
The estimated construction costs and expenses for the future 20th Street SE sub-trunkline sewer project
made without completed plans or surveys are are follows:
Phase II Sub-Trunkline Sewer in 20th Street from Marion Road to Bear Creek $ 369,538
Engineering, Interest and Contingencies 147,815
Estimated Cost for Phase 11 $ 517,353
The proposed project for Phase III consists of constructing a 21-inch sub-trunkline sanitary sewer line at`
the following locations:
1. 21-inch sewer from a 21-inch trunkline sanitary sewer constructed in Phase I at the
intersection of 30th Avenue SE at the 22nd Street SE intersection southerly on 30th Avenue
to Badger Run.
2. Then a 21-inch sewer southerly along Badger Run to 30th Street SE.
3. Then 8-inch sewer from the Badger Run sub-trunkline sewer to serve the following
subdivisions:
Rose Haven
Kahoun's Subdivision
Thomas Subdivision
Vandal's Subdivision
The estimated construction costs and expenses for the future Badger Run sub-trunkline sewer project
made without completed plans or surveys are are follows:
Phase III Sub-Trunkline Sewer in Badger Run from 30th Avenue to 30th Street $ 969,231
Engineering Interest, Contingencies and AUAR 387,692
Estimated Cost for Phase III $1,356,923
Estimated Construction Costs and expenses Cost for Phase I, II and III $2,920,402
The estimated project costs for Phases I, II and III include an amount of 10% of the estimated
construction costs to conduct an Alternative Urban Area Review (AUAR). The AUAR process is an
altemative to the traditional Environmental Assessment Worksheet (EAW). The Minnesota Pollution
Control Agency (MPCA) will issue a permit for the construction of the Marion Trunkline Sewer, 20th
Street Sub-Trunkline Sewer and the Badger Run Sub-Trunkline Sewer with the condition that the City
completes an AUAR defined by Minnesota Rules, Chapter 4410.3610.
is
The project costs are proposed to be recovered according to the attached Finance Department Statement
on Funding — WQPP Projects.
We recommend that the necessary funding to construct the Marion Road trunkline sanitary sewer be
done so in accordance with the Finance Department Statement on Funding — WQPP Projects and the
Water Quality Protection Program.
Submitted for your consideration:
M.
Protection Program
Project
Doug Nelson, PE
Manager of Engineering
r,
TPFinance Dept Statement on Funding -WQPP Projects
Sewer and water projects undertaken as part of the City's Water Quality Protection Program
(WQPP) will be funded by a combination of sources depending upon the ultimate repayment
source for the expenditure as defined in the program. Sources include sales tax revenues, sales
tax bonds, internal borrowing, general obligation special assessment bonds, and available sewer
and water access charge reserves.
Sales Tax Eligible Expenditures -
Sales Tax Revenues / GO Sales Tax Revenue Bonds
For those expenditure items or proportionate shares that are eligible for sales tax funding under
the WQPP, the funding would be sales tax revenues, if available. If insufficient sales tax
revenues exist at the time of contract award, proceeds from GO sales tax revenue bonds
authorized under the sales tax extension legislation, would be the source of funding with
repayment from sales tax revenues. Eligible items for developed property include:
• Water Service Connection Allowance
$750/lot
• Sewer Service Connection Allowance
$750/lot
• Water Service Lateral Allowance
$1,000/lot
• Sewer Service Lateral Allowance
$1,000/lot
• Well Closure Allowance
$1,000/lot
• Septic System Closure Allowance
$1,000/lot
• Sewer availability charges (SAC)('�
$1,500/lot
• Water availability charges (WAC)t')
$2,000/lot
i�
• Caps - Amount over maximum sewer and water connection charges per lot - (maximums set
at $8,160 up to 1/2 acre, $8,160 + $.1873/sq. ft. between 1/2 and 1-1/2 acres and $16,320 for
lots over 1-1/2 acres)
• The unpaid interest that accrues from date
of project expenditure until the end of the three
year sign-up grace period.
Note: (1) SAC and WAC collections are used to pay for trunkline sewer and water tower
transmission mains.
Connection Charge Eligible Expenditure -
Temporary Internal Borrowing / GO/SA Bonding
For the portion of project costs that will ultimately be repaid through connection charges to
property owners, the City intends to borrow internally for cash flow purposes. Once the three
year window for sign-up in the program has expired, we would anticipate issuing GO special
assessment bonds for this portion of project costs since, by then, we will have a known level of
participation in the program. Any portions not covered by future special assessment payments
would be the responsibility of the respective water and sewer utilities in proportion to original
costs. Amounts collected under new connection agreements signed after the issuance of bonds
would be turned over to the utility, or used to reduce the utilities' payments on the bonds.
Undeveloped Property Trunkline Sewer, trunk water or water Tower Costs -
SAC and WAC Reserves / Internal Borrowing
The City will first utilize sales tax monies for those developed properties share of SAC and
WAC charges. For undeveloped areas, the City will borrow internally from either the sewer
utility or other cash reserves in an amount equal to that which we calculate recoverable from
future development based upon current SAC and WAC rates. Once these undeveloped areas
develop, SAC and WAC charges paid by developers will repay internal loans plus interest and
replenish existing fund reserves. Any costs not recovered at this point will be charged directly to /)
the sewer enterprise for trunkline sewer projects or water enterprise for trunk water and water
tower projects. We anticipate internal borrowing of approximately $5.0 million for this purpose.
Project, No MOO I, J9598 (Phase I):
Applying the funding plans and WQPP guidelines noted above, the following provides sources
and uses of funds for this specific project.
Total Project Uses (Engineer's Estimate):
Project Sources:
Sales Tax Eligible SAC Charges
Marvale Addition and Whynaught Subdivison $ 93,000
South Side Marion Road S.E. 16,500
22"d Street S.E. (Samelian's Subdivision) 22,500
Total Sales Tax Funding
Undeveloped Property Share -
Direct Charge (707 Fund — Sewer Utility) $ 300,000
Internal Borrowing (707 Fund — Sewer Utility) 614,126
Total Undeveloped Property Share
Total Project Sources:
$ 1.046,126
$ 132,000
914,426
$ 1,046,426
0
Future 201h Street S.E. Sub-Trunkline Sanitary Sewer (Phase II)
Applying the funding plans and WQPP guidelines noted above, the following provides sources
and uses of funds for this specific project.
Total Project Uses (Engineer's Estimate):
Project Sources:
Sales Tax Eligible SAC Charges
200' Street S.E. $ 18,000
Nelson's Subdivision 27,000
Christopher Courts Subdivision 34,500
Total Sales Tax Funding (Phase II)
Undeveloped Property Share -
Available SAC Reserves
Internal Borrowing (707 Fund — Sewer Utility) $437,853
Total Undeveloped Property Share
Total Project Sources:
$ 517,353
79,500
$ 437,853
$ 517,353
8 Future Badger Run Sub-Trunkline Sanitary Sewer (Phase III)
Applying the funding plans and WQPP guidelines noted above, the following provides sources
and uses of funds for this specific project.
Total Project Uses (Engineer's Estimate):
Project Sources:
Sales Tax Eligible SAC Charges
Rose Haven Subdivision
$ 34,500
Cedar Park Subdivision
9,000
Kahoun's Subdivision
33,000
Crystal Springs Subdivision Area
79,500
Thomas Subdivision Area
55,125
Vandal's Subdivision Area
55,500
Total Sales Tax Funding (Phase III)
Undeveloped Property Share -
Available SAC Reserves
Internal Borrowing (707 Fund — Sewer Utility) $1,090,298
Total Undeveloped Property Share
Total Project Sources:
1 356 923
$ 266,625
$ 1,090,298
$ 1,356,923 10
Combined Trunkline and Sub-Trunkline Sanitary Sewer (Phases I, II and 1I1)
Applying the funding plans and WQPP guidelines noted above, the following provides sources
and uses of funds for this specific project.
Total Project Uses (Engineer's Estimate):
Project Sources:
Sales Tax Eligible SAC Charges
Total Sales Tax Funding
Undeveloped Property Share -
Direct charge (707 Fund — Sewer Utility)
Internal Borrowing
Total Undeveloped Property Share
478,125
$ 300,000
1142.277
$ 2,920.402
$ 478,125
$ 2,442,277
Total Project Sources: L 2,920,402
BUDGET AND ASSESSMENT SCHEDULE
FOR CONSTRUCTION CONTRACT
Project No: M0001 Date (Orig.) 04/12/2000
J No: 9598
Description: Phase I Trunkline Sanitary Sewer in Future 20' Street SE Alignment from the
Willow Creek Trunkline Sewer to Marion Road SE
Phase 11 Sub-Trunkline Sanitary Sewer in 20' Street SE from Marion Road to a
Point 200 feet East of 37' Avenue SE
Phase III Sub-Trunkline Sanitary Sewer in Badger Run from 30' Avenue SE to
30"' Street SE
Construction
Sanitary Sewer
Engineering/Interest/Contingency
Total Construction & Expense
Cost Distribution
Sales Tax Eligible SAC Charges
Undeveloped Property Share
707 Fund — Sewer Utility
Internal Borrowing
707 Fund — Sewer Utility
(Recovered from Future SAC Charges)
TOTAL
Make Initial Disbursement from P. L R. Fund
Project Contract Final
Budget Cost Cost
$2,086,002
834,400
$2,920,402
478,125
300,000
2,142, 277
$2,920,402
?q
REQUEST FOR COUNCIL ACTION MEETING
DATE
V '
4/17/00
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
CONSENT AGENDA
Public Works
,D -a. %
EM DESCRIPTION: Consideration of Bids: Trunkline Sanitary Sewer from the Willow
PREPARED BYi•
Creek Trunkline to Serve Marion Township, J9598
,
r
J. Loehr
Bids were received and opened after 11:00 a.m., March 22, 2000 for the following local improvement
project:
Project No. M001. J9598
"Trunkline Sanitary Sewer from the Willow Creek Trunkline Sewer to Marion Road SE to Serve
Sewer District 16A, 16B, 16C and 16D in Marion Township"
The following bids were received:
1. Arcon Construction $ 747,233.43 (Low Bidder)
2. S.J. Louis $ 790,893.48
3. Elcor Construction $ 824,278.50
4. Barbarossa & Sons $ 883,749.10
5. A-1 Excavating $ 906,973.88
6. Kenko, Inc. $ 924,224.00
7. Richard Knutson Company $ 977,396.03
8. Swenke Company $1,033,270.25
9. Road Constructors $1,046,672.20
10. Lametti & Sons $1,240,619.65
11. Winona Excavating $1,245,619.72
Engineers Estimate $1,015,193.20
The project is proposed to be funded from Sewer Availability Charges (SAC) included in future Utility
Connection Agreements, Developer Agreements and/or City -Owner Contracts.
COUNCIL ACTION REQUESTED:
1. If the Council wishes to proceed a resolution could be adopted awarding the contract to Arcon
Construction under the following conditions:
a. Receipt by the City of Rochester of an MPCA permit for construction of the project.
b. Notice to proceed from the Department of Public Works
Aft: Location Map
. OUNCIL ACTION: Motion by: Second by to:
AGENDA SECTION:
REQUEST FOR COUNCIL ACTION
ORIGINATING DEPT:
CONSENT AGENDA Public Works
:M DESCRIPTION: Petition Requesting Feasibility and Engineering Studies for
Sanitary Sewer and Watermain in Osjor Well Association Area
MEETING 83
DATE: 4/17/00
ITEM NO.
1) -a$
PREPARED By:
Za-f J. Loehr
A petition has been received from owners of property in the Osjor Well Association Area requesting that
the City of Rochester conduct Feasibility and Engineering studies for the extension of sanitary sewer
and watermain to serve the Area.
The petition is signed by 28 of 40 owners of property that contain a single-family residential dwelling
and are affected by the project. There is 1-vacant lot in the Area.
This petition is presented to the City subsequent to an informational meeting held on January 18, 2000.
The meeting was conducted jointly by the Haverhill Town Board and Rochester Public Works Staff to
provide information regarding the City of Rochester Water Quality Protection Program adopted by the
City Council on December 21, 1998,
Based on the petition, at the completion of the Feasibility and Engineering studies, the City and
property owners will meet to discuss the project design and associated costs. Upon completion of the
joint meeting the Association may desire to submit a second petition if a 2/3 majority of the Association
sign a petition for the City to initiate a public sanitary sewer and watermain extension project to serve
the Area.
The Osjor well Association Area is eligible to participate in the City of Rochester Water Quality"
Protection Program, if funds are available for this Area. The Osjor Area will not be placed on the WQPP
priority list until a second petition is received requesting that the City initiate a project to extend public
sanitary sewer and watermain to the Area.
The lots located within the Osjor Well Association Area are currently outside the City. Therefore, an
Orderly Annexation Agreement between the City and Haverhill Township is required prior to the City
initiating a sanitary sewer and watermain extension project to serve lots with the Osjor Well Association
Area.
COUNCIL ACTION REQUESTED:
1. A motion referring the petition from the residents in the Osjor Well Association Area to the
Department of Public Works for preparation of Feasibility and Engineering studies to determine
whether the extension of sanitary sewer and watermain to serve the Area is feasible.
Attachments: Osjor Well Association Area Map
Osjor Well Association Area Petition
uOUNCIL ACTION: Motion
Second by
Osjor Well
Association Area
IQ Owners that Si�ned Petition 0
REQUEST FOR COUNCIL ACTION
MEETING
DATE:
SS
04/17/00
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
CONSENT AGENDA
PUBLIC WORKS
0
_M DESCRIPTION:
Award of Contract: "Traffic Signals at Intersection of 2nd
PREPARED BY:
Street and 16th Avenue SW" (J6394)
R. Kelm
Bids were received and opened after 11:00 a.m., April 12, 2000 for the following local improvement
project:
SAP 159-106-15
Project No. 9869 (J6394)
"Traffic Signals at Intersection of 2nd Street and 16th Avenue SW".
The following bids were received:
Total Bid
1. Winkles Electric $ 144,436.28
2. Neitz Electric $ 148,443.60
Engineers Estimate $132,447.50
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).
The Total Cost is listed as $120,000.
The Public Works Department recommends the City Council proceed with an award to the low bidder.
COUNCIL ACTION REQUESTED:
Adopted a resolution awarding the contract, "Traffic Signals at Intersection of 2n° St and 161° Ave SW"
(J6394) to Winkles Electric.
UNCIL ACTION: Motion by: second by: to:
I�
N
Traffic Signals at Intersection of 2nd Street and 16th Ave SW
Project No. 9859 (J6394)
SAP 159-106.15
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500 0 500
Feet
REQUEST FOR COUNCIL ACTION
MEETING
DATE
V17/00
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
CONSENT AGENDA
PUBLIC WORKS
D -3p
:M DESCRIPTION:
Award of Contract: "Reconstruction of 12th Avenue N.E.
PREPARED BY:
from 14th Street N.E. to End of Cul-de Sac" (J9542)
R. Kelm
Aa
Bids were received and opened after 11:00 a.m., April 12, 2000 for the following local improvement
project:
Project No. 6312-1-99, (J9542)
"Reconstruction of 12th Avenue N.E. from 14th Street N.E. to End of Cul-de Sac".
The fallowing bids were received:
Alternate Bid
Base Bid Watermain Total Bid
1. Rochester Sand & Gravel $ 96,270.28 $ 40,063.00 $ 136,333.28
2. Road Constructors $ 107,775.55 $ 47,186.95 $ 154,962.50
Engineers Estimate $ 91,505.50 $ 44,168.00 $ 135,673.50
The project will be funded with Special Assessments, General Street Reconstruction Funds anti Water
Utility Funds. '
The project hearing was held on January 20, 1999.
The Public Works Department recommends the City Council proceed with an award (including alternate
bid) to the low bidder.
COUNCIL ACTION REQUESTED:
Adopted a resolution awarding the contract, "Reconstruction of 12th Avenue N.E. from 14th Street N.E.
to End of Cul-de Sac" (J9542) to Rochester Sand & Gravel.
)UNCIL ACTION: Motion by: Second by: to:
m
RECONSTRUCT 12TH AVENUE N.E.
FROM 14TH STREET N.E. NORTH TO END OF CUL-DE-SAC
Project No. 6312-1-99
J. 9542
39
REQUEST FOR COUNCIL ACTION
MEETING /
DATE: 4117/00
AGENDA SECTION:
CONSENT AGENDA
ORIGINATING DEPT:
ITEM DESCRIPTION: Acceptance of bids for the 2000 Season Su
Materials
Public Works
ITEM NO.
,D - 3/
PREPARED Bl
K. Harms
The Rochester Public Works Department has received bids for the 2000 Season Supply of
Bituminous Materials. The Public Works Department has reviewed these bids and recommends the
following:
ITEM 1 2340 Bituminous Mixture, F.O.B., Accept Bid offered by Rochester
Sand and Gravel
ITEM 2 2340 Bituminous Mixture, Type 41, Laid, Accept Bid offered by
Rochester Sand and Gravel
ITEM 3 Drive over Curb and Gutter, Remove and Replace, Accept Bid
offered by Rochester Sand and Gravel
ITEM 4 B6-18 Curb and Gutter, Remove and Replace, Accept Bid
accept Bid offered by Rochester Sand and Gravel
ITEM 5 B6-24 Curb and Gutter, Remove and Replace, Accept Bid
offered by Rochester Sand and Gravel
ITEM 6 Sod, furnish and install, Accept Bid offered by Rochester Sand
and Gravel
ITEM 7 Haul Mixture to Points in City, Accept Bid offered by Rochester
Sand and Gravel
$20.001Ton
$23.66/Ton
$25.35/LF
$20.35(LF
$27.85/LP
$6.30/SY
$144.001100 ton
ITEM 6 Sod, furnish and install, is tied to the concrete curb and gutter construction activities. As such,
it is awarded to the firm that gets the concrete work.
ITEM 7 Haul Mixture to Points in City, is an item that allows the city the option of having bituminous
mix (item #1) hauled instead of using city trucks, for a "city run" project.
COUNCIL ACTION REQUESTED:
Adopt a resolution authorizing the acceptance of bids for the 2000 Season Supply of Bituminous
Materials as noted above.
COUNCIL ACTION: motion by: Second
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REQUEST FOR COUNCIL ACTION
AGENDA SECTION:
CONSENT AGENDA
ITEM DESCRIPTION: Acceptance of bid for the
Concrete
ORIGINATING DEPT:
Public Works
MEETING R I
DATE: 4/17/00
ITEM NO.
D - 3a.
Ready -Mixed I PREPARED BY
K. Harms
The Rochester Public Works Department has received bids for the 2000 Season Supply of Ready -
Mixed Concrete from Rochester Ready Mix and Leitzen Concrete. Attached are the bid prices
submitted by each firm for the bid items. Leitzen Concrete bid did not include a bidders bond and as
such we considered a non -responsive bid.
The Public Works Department has reviewed these bids and recommends the following:
Accept Bids offered by Rochester Ready Mix.
Item No. Description Est. Quantities Unit Unit Cost
1. Concrete 350 CY $72.90
Mix No. 3A32
2. High Early Concrete 50 CY $81.40
Mix No. 3A32
(with 30% additional cement)
3. Exposed Aggregate Concrete 25 CY $76.90
Mix No. 3A36C
The Street Maintenance Division will use these concrete materials for the replacement of pedestrian
ramps, sidewalks, and curb and gutter repair.
COUNCIL ACTION REQUESTED:
Adopt a resolution authorizing the acceptance of bids for the 2000 Season Supply of Ready -Mixed
Concrete to Rochester Ready Mix.
COUNCIL ACTION: Motion by: Second by: to:
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REQUEST FOR COUNCIL ACTION MEF ING a3
DATE: 4/17/00
AGENDA SECTION:
CONSENT AGENDA
ORIGINATING DEPT:
Public Works
ITEM DESCRIPTION: Acceptance of bids for the 2000 Season Supply of Asphalt
Materials
ITEM NO.
D - 33
PREPARED Bl
K. Harms
The Rochester Public Works Department has received bids for the 2000 Season Supply of Asphalt
Materials. The Public Works Department has reviewed these bids and recommends the following:
ITEM 1 — Rapid Cure Cutback Ashalt, RC-800, Accept Bid offered by Koch Materials Company
at a unit price of $1.0673/Gal
ITEM 2 — Cationic Asphalt Emulsion, CRS•2, Accept Bid offered by Koch Materials Company
at a unit price of $0.7973/Gai
ITEM 3 — Cationic Ashalt Polymer Modified Emulsion, CRS-2P, Accept Bid offered by Koch Materials
Company at a unit price of $0.9973/Gal
COUNCIL ACTION REQUESTED:
Adopt a resolution authorizing the acceptance of bids for the 2000 Season Supply of Asphalt
Materials as noted above.
COUNCIL ACTION: Motion by: second
to:
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REQUEST FOR COUNCIL ACTION MEET,NG 445,
DATE: 4/17/00
AGENDA SECTION:
CONSENT AGENDA
ORIGINATING DEPT: ITEM NO.
Public Works D- 3q
i i'EM DESCRIPTION: Acceptance of bids for the 2000 Season Supply of Aggregate PREPARED BY
Materials
K. Harms
The Rochester Public Works Department has received bids for the 2000 Season Supply of Aggregate
Materials. The Public Works Department has reviewed these bids and recommends the following:
ITEM 1A Washed Sand, F.O.B. Accept Bid offered by Builders Sand & Gravel $3.16/Ton
ITEM 1 B Washed Sand, Delivered, Accept Bid offered by Shamrock Enterprises $5.06/Ton
ITEM 2A Pit Run Gravel, F.O.B., Accept Bid offered by Builders Sand & Gravel $2.32fron
ITEM 2B Pit Run Gravel, Delivered, Accept Bid offered by Builders Sand & Gravel $4.32fron
ITEM 3A 3/4" Crushed Rock Base, F.O.B., Accept Bid offered by Milestone Materials $4.20fron
ITEM 3B 3/4" Crushed Rock Base, Delivered, Accept Bid offered by Shamrock Enterprises MIO/Ton
ITEM 4A 6" Oversized Rock, F.O.B., Accept Bid offered by Milestone Materials
ITEM 4B 6" Oversized Rock, Delivered, Accept Bid offered by Shamrock Enterprises
ITEM 5A Pea Gravel, F.O.B., Accept Bid offered by Milestone Materials
ITEM 5B Pea Gravel, Delivered, Accept Bid offered by Shamrock Enterprises
COUNCIL ACTION REQUESTED:
$3.95/Ton
$5.90/Ton
$11.03/Ton
$12.59fron
Adopt a resolution authorizing the acceptance of bids for the 2000 Season Supply of Aggregate
Materials as noted above.
%,OUNCIL ACTION: Motion by: Second by: to:
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REQUEST FOR COUNCIL ACTION MEETING q0?
DATE: 4/17/00
AGENDA SECTION:
CONSENT AGENDA
i t EM DESCRIPTION: Revocable Permit for Temporar
Staybridge Hotel Constructions.
ORIGINATING DEPT: ITEM NO.
Public Works I r.)- 36
PREPARED BY:
,,a D. Rossman
The owners of the Staybridge Hotel / Rochester Suites have asked the City to reserve on -street parking
during the construction of the hotel. This reservation of parking spaces is intended to benefit the
Canadian Honker Restaurant that will in exchange allow a portion of its parking lot to be used for
construction staging. Unlike most construction projects in congested area, the public right of way cannot
be used for construction purposes as a result of the lot configuration and street width. As a result of the
unique facts surrounding this request, the City Attorney's office recommends that the council issue a
revocable permit if it desires to grant the requested rights over public property.
Staff recommends that the revocable permit grant exclusive parking privileges over those parking spaces
located on the west side of 12' Avenue from 1" Street to 2nd Street, and also those located on south side
of First Street SW from 12' Avenue west a distance of 240 feet. All of these parking spaces abut
Canadian Honker property. The parking requested on 12' Avenue is presently metered parking of 90-
minute duration and the parking requested on First Street is unrestricted. The term of the revocable
permit shall be for 11 month. Staff recommends that the standard construction zone parking fee of
$2/space/day (a monthly fee of $425) be imposed as a condition of the permit. This fee is intended to
cover lost parking revenues only. f'
It is recommended that the following conditions be included in the permit in addition to the normal
revocable permit conditions:
1. The existing parking controls will be removed by the City.
2. These will be replaced with signs that read "Reserved Parking, for Use Only by Permit Holders."
3. The Canadian Honker Restaurant will be issued a series of dash permits for this location.
4. Normal enforcement will be provided to control use by non -permit holders.
5. The cost of this temporary parking is set at $2.00 /space /day to replace the lost meter revenue.
COUNCIL ACTION REQUESTED:
Adopt the prepared resolution authorizing the grant of a revocable permit to Canadian Honker for
reserved parking privileges as indicated above and subject to the standard revocable permit conditions
in addition to those identified above. Authorize the Mayor and City Clerk to execute the same.
6OUNCIL ACTION: motion by: Second by: to:
m
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I
12TH AV SW
13 OF 14 SPOTS
5 SPOTS
RONALD L SEZGER
MILTON A. ROSBNBLAD
PAULA. F248ER9
DANIEL E. BERNDT
JOHN B. ARNOLD
PETER C. SANDBERG
TINA L MOHR
JEFFREY A. HANSON
KENNETH R MORN
WR,LiAM J. RYAN
PAUL W. BUCHER
DOUGLAS A. BOESS
THOMAS W. JACOBSON
April 6, 2000
HAND DELIVERY
LAW OFFICES
DUNLAP & SEEGER, P.A.
= SOUTH Bit OADWAY, SUITE'W
MARQUIBTTZ BANX BUILDING
PO BOX 549
ROCHESTER, AMMOTA WM-OW
7TZ"HONX(sm) 288.9111
FAX (W7)288-930
FAX (W7) 2894812
RORERT R DUNLAP
(191&IM)
MIKE NIGBUR
CITY OF ROCHESTER PUBLIC WORKS
OLMSTED COUNTY GOVERNMENT CENTER
201 FOURTH ST SE, ROOM 108
ROCHESTER MN 55904
RE: Fiksdal Motel of Rochester/Rochester Suites Hotel,
Joe and Sandra Powers - City of Rochester Development Agreement and
Restricted Development Plan 98-6
Dear Mr. Nigbur:
MARY H. DUNLAP
WILLIAM P. VOLRMAR
MARK E. POSSE
KEN D. SCHUMER
GREGORY J. GRIFFI HS
MICHAEL S. DIETZ
ERIC D. LARSON
SHARON C. ZEHE
Or COUMMI
FRANKLIN MICHAELS
AJL'SANDr KEITH
We have previously discussed my requests for authorization to utilize on street parking during
the construction phase of the Staybridge Hotel. Please refer to my letter of February 16, 2000.
Specifically, we are asking for temporary restricted parking during the construction of the
Staybridge facility along the South side of First Street Southwest and West side of 12th Avenue
Southwest, adjacent to the Fiksdal/Staybridge property and the Canadian Honker property, as it
adjoins those streets. We have previously been given permission to park the construction
trailer for the project on the south side of First Street Southwest adjacent to the curb cut to the
Fiksdal parking lot.
Parking would be restricted during construction phase of the Staybridge Hotel which we
currently estimate to be 11 months from start to finish. Restricted parking areas would be used
by the Canadian Honker Restaurant for its customers. The loss of parking within its current
parking area is due to safety requirements regarding the construction of the parking ramp in
conjunction with the Staybridge Hotel.
The Staybridge Hotel owners have made arrangements for offsite parking for their employees
and construction personnel. They have also arranged for offsite staging areas for construction
materials. This was done to facilitate the availability of every available parking space to
provide parking facilities to Canadian Honker for its guests and employees. Staybridge
Page 2
April 6, 2000
through Fiksdal, is providing additional spaces for Canadian Honker employee parking within
its own parking facilities that are not disrupted by the construction.
We believe we have made every attempt to provide for offsite parking and onsite parking for
the Canadian Honker so as to not completely disrupt their business. However, because of the
safety requirements, it will be necessary to close certain portions of the Canadian Honker's
parking lot, and we could not come up with enough onsite parking to meet their needs.
We are requesting the City's cooperation with our request. This appears to be one of those infill
projects which the City is promoting through its new subdivision ordinance. In order to
facilitate this infill project, it will be necessary for the City to give us assistance on a temporary
basis.
Thank you in advance for your consideration.
Very o
Jo B. old
JARNOLDi. LRJLAPLAW'.com
JBA,Ick
cc Kurt Smith
Stevan Kvenvold
Robert Suk
DUNIAP a SEEGEE, PA
REQUEST FOR COUNCIL ACTION MEETING (61
DATE: 4/17/00
AGENDA SECTION:
CONSENT AJENDA
ORIGINATING DEPT: ITEM NO.
Public Works D- 9(w
ITEM DESCRIPTION: Traffic Signal & Parking Ramp Painting Bid Award
PREPARED BY:
D. Rossman
Bids were received on Wednesday April 12, 2000 for.' City Projects those being:
1. City Project No. (J-6399) "Year 2000 Traffic Signal Painting Program ". This project is listed on
page 327 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 Parking Ramp Painting" This project is the annual painting
of various items in the 5 City Parking ramps. This work is funded in the Parking Operating Budget.
The contract documents asked each bidder to provide an amount to be used for an early completion
bonus. This amount is also to be used as a penalty for failure to complete the work on time. The bids
received were:
VENDOR SIGNAL PAINTING RAMP PAINTING BONUS TOTAL
1. Wet Paint Inc.
$27,100
$21,271
$2,417
$50,788
2. Nickelson Painting
$,38,858
$14,100
$2,647
$55,605
Project Estimate
$25,700
$23,660
5% max
$ 44,360
COUNCIL ACTION REQUESTED:
Adopt the prepared resolution awarding the contract to Wet Paint of 2004 5' Avenue NE Rochester Mn.
55906, and authorize City officials to sign the contract.
COUNCIL ACTION: Motion by: Second by: to:
Meeting
REQUEST FOR COUNCIL ACTION Date 4/17100
AGENDA SECTION
CONSENT AGENDA
ORIGINATING DEPT:
ROCHESTER PUBLIC UTILITIES
ITEM NO.
D - -31
ITEM DESCRIPTION
PREPARED BY:
WAIVER OF SUBROGATION RIGHTS (Himec Mobile Crane Service)
Kathy Wilson
Rochester Public Utilities has issued a purchase order to Himec Mobile Crane Service for crane
services to remove the Silver Lake Plant Unit #4 rotor. The removal is scheduled for April 18, 2000.
Himec has requested a written waiver of subrogation rights from the City for any damages that
might be incurred in excess of Himec's insurance coverage. The rotor is valued at
$2,500,000.00, whereas Himec's coverage is $1,000,000.00. RPU has insurance coverage in
place for the excess and is willing to provide the waiver.
COUNC H. ACTION REQTTF.CTFD
Request a motion for the City Clerk and Mayor to execute a letter releasing claims and waiving
the City's subrogation rights against Himec Mobile Crane Service for damages in excess of
$1,000,000.00
COUNCIL ACTION: Motion by: Second by: to:
rpu
we pledge, we delver
April 1'), 2000
Attn: Dick Hiley
Himec Mobile Crane Service
1400 7`s Street NW
PO Box 4700
Rochester, MN 55903-4700
Dear Mr. Hiley:
Rochester Public Utilities issued purchase order #45-3976 for crane services in
accordance with you proposal dated April 5, 2000.
By this letter, Rochester Public Utilities acknowledges the limits of Himec's insurance
coverage of one million dollars ($1,000,000.00).
In the event that Himec causes damage to the rotor, the City of Rochester releases Himec
for any claim it may have against Himec arising out of the damage to the rotor, and
further waives its right of subrogation against Himec, only for any amount of damage in
excess of the insurance coverage.
We look forward to working with you on this project.
Sincerely,
LOW Walt Lorber, RPU
Terry Adkins, City Attorney
City Clerk
Chuck Canfield, Mayor
c: Lyle Papenfuss, C.O. Brown Insurance
Mike Fogerty, C.O. Brown Insurance
Rochester Public Utilities, 4000 East River Road NE, Rochester, MN 55906-2813
telephone 507.280.1540 facsimile507.280.1542 websitewww.rpu.org
REQUEST FOR COUNCIL ACTION MEETING 3
DATE 4-1-0
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
PUBLIC HEARINGS
PLANNLNG
.1CM DESCRIPTION: Final Plat #00-10 to be known as The Gardens
PREPARED BY:
Brent Svenby,
Plinnpr
April 12, 2000
Planning Department Review:
The applicant has requested that this plat be continued until the May 1, 2000 Council meeting.
Council Action Needed:
1. A motion to continue until the May 1, 2000 Council meeting.
EnCIOSUres: (To be submitted separately to the City Clerk by the Planning Staff upon receipt from the applicant)
1. City Clerk's Copy of Applications
2. Recording Statement
3. Treasurer/Auditor's Statement
4. Recording Fee
5. Title Opinion
6. 1 Original Plat Mylar
T. 3 Mylar Copies of Plat of
Attachment:
Distribution:
1. City Clerk
2. City Attorney
3. Planning Department File
4. Planning Department - GIS
5. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, April 17, 2000, in the Council/Board
Chambers at the Government Center, 151 4th Street SE.
6. Yaggy Colby Associates,
t,JUNCILACTION: Matonby: Second by: ro:
lob
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APR 1
RC.^ OER MASTED
�v A C CEPARTMENT
April 10, 2000
Mr. Brent Svenby
Rochester -Olmsted Consolidated Planning
2122 SE Campus Drive
Rochester, MN 55904
RE: Final Plat
The Gardens
Dear Mr. Svenby:
n
As owners of the property being platted as The Gardens, we hereby request that the plat not be
reviewed at the April 17, 2000 council meeting, but be continued to the May 1, 2000 council
meeting.
Thank you for your time and cooperation in this matter.
Sincerely,
SOUTN BROADWAY P?ARTNE&cALLC
1 �lyyGfd
Tom Hexum
TH:bd
YCA #6581
REQUEST FOR COUNCIL ACTION
MEETING �QS
DATE 4-17-00
AGENDA SECTION: I ORIGINATING DEPT:
PUBLIC HEARINGS - TABLED ITEM PLANNING
_.A DESCRIPTION: Final Plat #9941 to be known as Eagle Ridge North Second
Subdivision
April 12, 2000
ITEM NO.
E -a.
PREPARED BY:
Mitzi A. Baker,
This Plat was tabled by the City Council on September 20, 1999 at the request of the applicant. Staff re-
published for this hearing and also provided notice to property owners within 500 feet (with a minimum of 50
different owners being notified).
Council Action Needed:
If the Council wishes to proceed, a resolution approving this plat should be adopted.
Enclosures: (To be submitted separately to the City Clerk by the Planning Staff upon receipt from the applicant)
1. City Clerk's Copy of Applications
2. Recording Statement
3. Treasurer/Auditor's Statement
4. Recording Fee
5. Title Opinion
6. 1 Original Plat Mylar
7. 2 Mylar Copies of Plat
Attachment:
1. Copy of Plat
2. Letter from Yaggy Colby Associates
Distribution:
1. City Clerk
2. City Attorney
3. Planning Department File
4. Applicant: This item will be considered sometime after 7:00 p.m. on Monday April 17, 2000, in the CouncillBoard
Chambers at the Government Center, 151 4th Street SE.
5. Yaggy Colby Associates
,.%jUNCILACTION: bwconby: Second by: to:
11 I
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(02 W —
TO: Rochester Common Council
FROM: Mitzi A. Baker, Planner
DATE: April 12, 2000
e
ROCHESTER-OLMSTED
PLANNING DEPARTMENT
2122 CAMPUS DR SE
ROCHESTER MN
55904-4744
ADMINISTRATION/
5071285-8232
PLANNING
GISIADDRESSING/
507/285-8232
MAPPING
HOUSINGMRA
5071285-8224
BUILDING CODE
507/285-8213
WEWSEPTIC
5071285-8345
FAX
5071287-2275
RE: Final Plat #99-41 to be known Eagle Ridge North Second
Subdivision.
Planning Department Review:
Applicant/Owner:
Youn? Development Company
214 4 Street SW
Rochester, MN 55902
Surveyors/Engineers:
Yaggy Colby Associates
717 Third Ave. SE
Rochester, MN 55904
Referral Comments:
1. Park and Recreation Department (see attached)
2. Rochester Public Works (see attached)
Report Attachments:
1. Referral Comments (2 Letters)
2. Location Map
3. Copy of Final Plat
Plat Data:
Location of Property: This plat is located along Wimbledon Hills Drive,
south of Country Club Road.
Zoning: This property is zoned R-1 (Mixed Single Family)
district in the City of Rochester.
Proposed Development: This development consists of .87 acres to be
subdivided into 2 lots for single family residential
development.
Streets: There are no new roadways being dedicated with this
Plat.
Drainage: A drainage easement is provided along the north line
of Lot 1 of this plat to provide access to a stormwater
r,
�.n
PAN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
Page 2 to
April 12, 2000
pond located on the adjacent property,
Wetlands: Minnesota Statutes now require that all developments
be reviewed for the presence of wetlands or hydric
soils. The Soils Survey does not indicate hydric soils
within this Plat.
Public Utilities:
Utilities are available within Wimbledon Hills Drive
SW, adjacent to this Plat.
Spillover Parking: The spillover parking requirements for this
development would be 2 parking spaces. The
adjacent roadway should be adequate to
accommodate the required spillover spaces.
Parkland Dedication: The Park and Recreation Department recommends
that dedication requirements be met via a reduction of
.05 acres of land from parkland dedication credits
established for the applicant when Eagle Ridge Park
was dedicated April 22,1997.
General Development Plan: This property was originally part of the Wimbledon
Hills Planned Unit Development (PUD). This parcel
was re -zoned a few years ago to remove it from the
PUD district and zone it R-1 (Mixed Single Family)
district.
Preliminary Plat:
This Plat proposes to re -plat Outlot C of Wimbledon Hills Third Subdivision. A preliminary plat
was not required since no right-of-way is being dedicated.
Planninq Staff and Recommendation:
The Planning Staff has reviewed the submitted final plat and find that it is consistent with the
approved preliminary plat. The staff would then recommend approval subject to the following
conditions:
1. The applicant agree to meet parkland dedication requirements via a reduction of.05
acres of land from parkland dedication credits established for the applicant when
Eagle Ridge Park was dedicated April22,1997.
2. There is an existing private stormwater detention pond on the adjacent property to the
north. Property grading of this plat should address Storm Water Management for this
development.
3. Pedestrian facilities are required for this development along the entire frontage of
Wimbledon Hills Dr. SW, and Bunker Lane SW
ROCHESTER PARK AND F CREATION DEPARTMENT
201 FOURTH STREET SE
ROCHETER MINNESOTA 56904-3769
TELE 507-281-6160
FAX 507-281-6165
MEMORANDUM
DATE: March 1, 2000
TO: Suzanne LaPalm
Planning
RE: Eagle Ridge North Second
Final Plat #99-41
Acreageof plat..........................................................
Number of dwelling units .............................................
Densityfactor............................................................
Dedication...............................................................
.87 acres
2 units
.0244
.05 acres
If
The Park and Recreation Department recommends that dedication requirements
be met via:
Reduction in parkland dedication credits established for the applicant when Eagle Ridge
Park was dedicated April 22, 1997.
AppkW:
Youn.r Dvmk4erd
214 street SW
N:\PARK\DSTOTZ\1999\DEDICATI\SW 2897\EAGLE RIDGE N 2140.DOC
ROCHESTER
Minnesota
3l14/00
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 #99-41 on the Eagle Ridge North Second Subdivision (Younge
Development) property. The following are Public Works comments on the
proposal:
This proposed subdivision can not proceed until Wimbledon Hills Third
Subdivision is recorded.
There is an existing private stormwater detention pond on the r'
Wimbledon Hills property, immediately north of this property. Proper
grading of the plat should address Storm Water Management for this
development.
3. Pedestrian facilities are required for this development along the entire
frontage of Wimbledon Hills Dr SW, and Bunker Lane SW.
The following charges/fees are applicable for the development of the property:
4• NONE
CATEMP\FP899-41.doc
REQUEST FOR COUNCIL ACTION
AGENDA SECTION:
PUBLIC HEARNGS
ORIGINATING DEPT:
PLANNING
EM DESCRIPTION: Final Plat #99-50 to be known as North Park Tenth
Subdivision
April 12, 2000
Planning Department Review:
See attached Staff Report dated April 12, 2000.
Council Action Needed:
MEETING
DATE 4-1'-00 1
ITEM NO.
E-3
PREPARED BY:
BrentSvenbyl
1. If the Council wishes, a resolution approving the plat can be adopted.
EnC1O5ure5: (To be submitted separately to the City Clerk by the Planning Staff upon receipt from the applicant)
1. City Clerk's Copy of Applications'
2. Recording Statement
3. Treasurer/Auditor's Statement
4. Recording Fee
5. Title Opinion
6. 1 Original Plat Mylar
7. 3 Mylar Copies of Plat r,
Attachment:
Staff Report dated April 12, 2000.
Distribution:
1. City Clerk
2. City Attorney
3. Planning Department File
4. Planning Department - GIS
5. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, April 17, 2000, in the Council/Board
Chambers at the Government Center, 151 4th Street SE.
6. McGhie & Betts, Inc.
. OUNCIL ACTION: Mono, by: Second by: to:
REDUCED COPY
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TO: Rochester Common Council
FROM: Brent Svenby, Planner
DATE: April 12, 2000
pF.0.pEHE5TERSIIyyA � ��
OR'I TED:�CGp5T.5'.
ROCHESTER-OLMSTED
PLANNING DEPARTMENT
2122 CAMPUS DR SE
ROCHESTER MN
55904-4744
ADMINISTRATION/
507/285-8232
PLANNING
GIS/ADDRESSING/
507/285-8232
MAPPING
HOUSING/HRA
5071285-8224
BUILDING CODE
5071285-8213
wELusEPTIC
507/285-8345
FAX
507/287-2275
RE: Final Plat #99-50 to be known as North Park Tenth Subdivision.
Planning Department Review:
ApplicantlOwner:
Leslie Lurken
1027 7`" Street NW
Rochester, MN 55901
Surveyors/Engineers:
McGhie & Betts, Inc.
1648 3rd Avenue SE
Rochester, MN 55904
Referral Comments:
1. Park and Recreation Department
2. Planning Department - Wetland LGU
3. Planning Department — Transportation
4. Planning Department — Addressing
5. RPU Operations Division
6. RPU Water Division
7. Rochester Public works Department
Report Attachments:
1. Referral Comments (3 Letters)
2. Location Map
3. Approved GDP
4. Copy of Final Plat
Plat Data:
Location of Property: The property is located east of Savannah Drive NW,
northwest of Fairway Drive NW and north of North
Park Fourth and Sixth Subdivisions.
Zoning: This property is zoned R-1 (Mixed Single Family)
district in the City of Rochester.
• Proposed Development: This development consists of 12.23 acres of land to
be subdivided into 41 lots for single family residential
.n�� AN EQUAL OPPORTUNITYIAFFIRMATIVE ACTION EMPLOYER
(� O Page 2 -
a North Park 10th
April 12, 2000
development.
Streets: This plat dedicates right-of-way for four roadways.
The first roadway is the continuation of Savannah
Drive NW to Fairway Drive NW. This roadway is
designed with a 32' wide surface on 56' right-cf-way.
The second roadway is the continuation of Fairway
Drive NW. This roadway is designed with a 44' wide
surface on 70' right-of-way. This street will continue
to the north when the adjacent property is developed.
The third roadway, Portsmouth Drive NW, is a
north/south roadway and is shown to continue to the
north once the adjacent land is developed. The
roadway is designed with a 32' wide surface on 56'
right-of-way.
The fourth roadway, Knotting Hill Lane NW, is a cul-
de-sac off of Portsmouth Drive NW. This roadway is
designed with a 28' wide surface on 50' right-of-way.
The proposed streets meet the minimum standards
as outlined in the Thoroughfare Plan and the Land
Development Manual.
Sidewalks:
In accordance with current City policy, sidewalk is
required along both sides of all roadways.
Drainage:
The property generally drains to the southeast. The
applicant has requested to participate in the City's
Regional Stormwater Management Plan.
Wetlands:
Minnesota Statutes now require that all developments
be reviewed for the presence of wetlands or hydric
soils. The Soils Survey does not indicate hydric soils
within this Plat. The applicant received a Wetland
Exemption in 1993 for the North Park Development.
Public Utilities:
Water and sewer can be extended from their present
ends to serve this property. There is a 12" watermain
already in place within the right-of-way being
dedicated as "Savannah Drive NW" and "Fairway
Drive NW". A 10-foot utility easement is shown on
the front of each lot on the plat.
Spillover Parking:
This development requires 50 spillover parking
spaces. The right-of-way and road widths appear
adequate to meet this requirement.
Parkland Dedication:
There is no parkland included within the boundaries
of this plat. The Rochester Park and Recreation
Department recommend that the parkland dedication
requirement for this plat be satisfied by cash in lieu of
land in the amount of $15,000.
Page 3
North Park 10"'
April 12, 2000
General Development Plan: In 1990, the city approved an amended general
development plan, which included this property. The
proposed plat is generally consistent with the
approved General Development Plan.
Preliminary Plat:
A preliminary plat for this property was approved by the City Council on February 7, 2000 with the
following conditions:
1. 1. The applicant shall enter into a development agreement with the City the outlines the
obligations of the applicant relating to, but are not limited to, storm water
management, cash dedication in lieu of land for parkland, pedestrian facilities, traffic
improvements ($40 per lot for implementing a neighborhood traffic management
program (NTMP), etc.) and contributions for public infrastructure (SAC/WAC,
connection charges, etc.).
2. A temporary turnaround is required at the northern end of Portsmouth Drive NW.
Easements for this turnaround, as well as for any utilities located outside of the plat
boundary must be provided with the final plat.
3. The 20' utility easement for the 8" watermain loop between Lots 7 and 8, Block 4 must
be relocated to between Lots 8 and 9, Block 4 to provide for better water system
networking of this area.
4. The roadway designated as "61" Street NW" as renamed to "Savannah Drive NW".
Plannina Staff and Recommendation:
The Planning Staff has reviewed the submitted final plat and finds that it is consistent with the
approved preliminary plat. The staff would then recommend approval subject to the following
conditions:
1. The applicant agrees that this subdivision will have an impact upon the City's needs
for parkland and that dedication of cash ($15,000) in lieu of land will Milli the
dedication obligation of this plat. Payment of parkland dedication fee is required prior
to the recording of the final plat documents.
2. A easement for a temporary turn -around at the northern end of Portsmouth Drive NW
must be executed with the City Public Works Department prior to the recording of the
final plat
i
ROCHESTER
Minnesota
4r 11/ 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 requested application for Final
Plat #99-50 on the North Park Tenth Subdivision (Leslie Lurken propertvl. The
following are the Public Works comments on the proposal:
1. Storm Water Management must be provided for this development.
The Owner has requested to participate in the City's Regional
Stormwater Management Plan.
2. A temporary turn -around, and associated easement will be required at
the northern end Portsmouth Drive NW.
3. Pedestrian facilities shall be located along both sides of all public
roadways within the plat, consistent with City standards.
4. A Development Agreement has been executed for this property.
The following charges/fees are applicable for the development of the property:
4.
.•.
A*
Trunkline Sanitary Sewer (J9173) = $392.54 per acre x 12.20
acres, plus interest @ 7.5% from May 16, 1994 to April 17,
2000 = $6,915.50.
N.W. Water Tower (J9265) = $1154.67 per acre x 12.20 acres,
plus interest @ 7.5% from April 16, 1996 to April 17, 2000 =
$18,318.85.
Voluntary Stormwater Management Fee of $11,185.33.
Traffic Signs as determined by the City of Rochester Traffic
Division.
6 Street Name Signs 1 Stop Sign
1 Street Ends Sign
C:1TEM P\FP#99-50.doc
"IROCHESTER PARK AND RECREATION DEPARTMENT
201 FOURTH STREET SE
ROCHETER MINNESOTA 55904-3769
TELE 507-281-6160
FAX 607-281-6165
MEMORANDUM
DATE: March 28, 2000
TO: Suzanne LaPalm
Planning
RE: North Park 10"'
Preliminary Plat #99-50
Acreageof plat..........................................................
Number of dwelling units .............................................
Dwelling unit density ...................................................
Densityfactor............................................................
Dedication...............................................................
Fair market value of land .............................................
12.23 a
41 units
3.35 units/a
.0244
1.00 acres
$15,000
jI
The Park and Recreation Department recommends that dedication requirements be met
via:
Cash in lieu of land in the amount of $15,000 (to a x $15,000/acre) to be paid prior to
recording of the final plat.
Appllant
Loeb u,eoa,
IanT's" dNW
N:\PARK\DSTOTZ\2000\DEDICATION\NW 2898\NORTH PARK 10TH.DOC
;ISta0-SWI.0 1:0:507-280-2858 APR 05'00 12:03 N0.004 P.01
i 'V0
OUSTED SOIL AND WATER CONSERVATION DISTRICT
MINNESOTA
SOIL AND WATER CONSERVATION DISTRICTS
April 5, 2000
Olmsted County Plarming
Attention: Suzanne LaPalm
2122 Campus Drive SE
Rochester, MN 55904
Attention: Suzanne LaPalm
Re: ODl' Phase 1 Final Plat #99-30, North Park Tenth Subdivision
The Olmsted S WCD reviewed the plat known as North Park Tenth.
1e85 IndustrWl Dnvo NW
Room 102
Rochester, Minnesota 5590,
(507) 2W2850
Soils include:
Racine Silt Loam (99C di: 99D2). This moderately steep, well- drained soil is on side slopes along ,
long, narrow drainage ways. In some areas vary large boulders or a few cobblestones are on tho surface. `
This soil is poorly suited to building sits development and sanitary facilities because it is moderately St Local roads or Streets can be damaged as a result of low strength. cop.
Timula (322C, 6 to 12 percent slope). Timula is a sloping well -drained soil. Permeability is
moderate runoff is medium and erosion potential is high. This soil is well suited to building site and sanitary
facilities. Although slopes are a moderate concern and lateral seepage from drain fields are a hazard unless
design of drain fields over comes the slope,
Littleton Silt Loam (4778, 1 to 4%Slope). Littlam is very gently sloping somewhat It drained
soil. Permeability is moderate runoff is medium. Seasonal high water table is at a depth 1 to 3 feet.
Littleton is poorly suited for building site and most septic facilities due to wetness. Wetland inclusions may
be found in arms mapped as Littlaft soils.
This area has boon partially gaded and lots of fill has boen dumped on this parcel,
Erosion and runoff control measures must be inca
during all phases of development poratod into grading Place installed and maintained
There are no hydrie Solis mapped is the soil survey map but a wet arm was noticed along the proposed
"Fairway Drive" Street NW.
If you have any questions plesso call 280-2850.
Sin7!�wely,
Lan � Q'Liih
District Techr:!Ian
cc: David Kramer, Rochester Public Works
AN EQUAL OPPORTUNITY EMPLOYER
REQUEST FOR COUNCIL ACTION
MEETING
r a3 '
DATE: 94-1 +-00
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
PLBLIC HEARINGS
PLANNING
E -(4
_M DESCRIPTION: Vacation Petition #00-02 by Rochester Pentecostal Church to vacate a 4 foot
PREPARED BY:
utility easement lying on the easterly side of Lot 24 and 194.97 feet of Lot 25 and the westerly side of
Theresa Fogarty,
Lots 23 & 26 and 15.14 feet of Lot 27, all in Block 2, Sunnydals Subdivision. The property is located
Planner
north of Sheffield Lane SE, east of W Avenue SE (Co. Rd 109)
i
April 12, 2000
Planning Department Recommendation:
See attached staff report dated April 12, 2000.
Council Action Needed:
1. Following the hearing, if the Council wishes to proceed, it should
instruct the City
Attorney to prepare a resolution to approve the vacation petition as submitted.
Attachments:
1. Staff Report dated April 12, 2000.
Aee'- "
Distribution:
1. City Administrator
2. City Clerk
3. City Attorney: Copy of legal description is attached
4. Planning Department File
5. Applicant: This item will be considered by the Council sometime after 7:00 p.m
Council/Board Chambers at the Government Center, 151 4th Street SE.
on Monday, April 17, 2000, in the
COUNCIL ACTION: Motion by: Second by: to:
voPe ray_
locoo,
14 C-nor
ROCHESTER-OLMSTED
PLANNING DEPARTMENT
2122 CAMPUS DR SE
ROCHESTER MN 55904-4744
ADMINISTRATION/ 5071285.8232
PLANNING
TO: City Council GISIADDRESSINGr 507/285-8232
MAPPING
FROM: Theresa Fogarty, Planner HOUSING/HRA 5071285-8224
BUILDING CODE 507/285-8213
DATE: April 12, 2000 WELLBEPTIC 5071285-8345
FAX 5071287.2275
RE: Vacation Petition #00-02 by Rochester Pentecostal Church to vacate a 4
foot utility easement lying on the easterly side of Lot 24 and 194.97 feet
of Lot 25 and the westerly side of Lots 23 & 26 and 15.14 feet of Lot 27,
all in Block 2 Sunnydale Subdivision. The property is located north of
Sheffield Lane SE, east of 36' Avenue SE (Co. Rd 109)
Planning Department Review:
Petitioner(s): Rochester Pentecostal Church
Robert Kaske, Pastor
420 NE 11' Avenue
Rochester. MN 55906
Reason to Vacate: The petitioner is requesting to vacate a 4 foot utility
easement to allow for the future expansion to a
new church building to be constructed this year.
Referral Comments:
Report Attachments:
Staff Recommendation:
No concerns or objections received
1. Vacation Petition
2. Location Map
The property owner petitioned to vacate the easement to allow for the future expansion
to a new church building to be constructed this year. There were no concerns or
objections received from any of the referral agencies.
Upon review of this request and receiving no concerns or objections from any of the
referral agencies, staff recommends approval of this vacation petition.
Ism
AN EQUAL OPPORTUNITWAFFIRMATIVE ACTION EMPLOYER
REQUEST FOR COUNCIL ACTION MEETING (;07
DATE: 417 00
DA ShG I IUN:
PUBLIC HEARINGS
ORIGINATING DEPT: i ITEM NO.
CITY" ADMINISTRATOR I 'F— S
„ �M DESCRIPTION: Establishment of Development District # 15 and Tax Increment PREPARED BY:
Financing District # 15-1 for Weatherstone Townhomes Housing Project by Shelter T.SPAETH
Over the past several months, the staff has been meeting with the developer (Shelter Corporation) to facilitate the construction of a
100 unit affordable rental townhome project. As the Council is aware, the developer has requested the City to issue housing
revenue bonds for this project, and in addition is requesting TIF assistance from the City.
Weatherstone Townhomes is a proposed 100 unit townhome rental housing facility with 40 two bedroom townhomes and 60 three
bedrom townhomes to be located along the west side of 50th Avenue NW and 61st Street NW. The project is committing to rent
75% of the units to individuals whose income is at or below 50% of the median income and by renting 25% of the units to
individuals whose income is at or below 60% of the median income.
The two bedroom townhome units are 1000 square feet in size and the 3 bedroom units are 1200 square feet in size. Of the 100
units in the project, 45 of the units will be further subsidized by a tax credit allocation in conjunction with the bond issuance. The
monthly rents for the units are proposed to be as follows:
50% Tax Credit Unit Rents
50% Tax Credit Unit Rents
50% Rents (Non Tax Credit Units)
50% Rents (Non Tax Credit Units)
60% Tax Credit Unit Rents
60% Tax Credit Unit Rents
2 bedroom
$583
3 bedroom
$666
2 bedroom
$684
3 bedroom
$789
2 bedroom
S712
3 bedroom
$815
� . part of that process, a Tax Increment Financing District is being proposed to help write down some of the costs related to site
improvements. The developer is proposing to file for a 4-d tax classification rate on the units, ans at such rate , the project would
generate approximately $69,000 per year in new taxes. The developer has requested that the City provide 15 years of tax
increments to the project, on a "pay as you go" basis. This amounts to approximately $1.03 million in tax increments over the 15
year period, or approximately $10,300 / unit of TiF assistance.
The City is also looking into the possibility of collecting several additional years worth of increment to help defray the cost of
improvements to 504' Avenue NW. Under current TIF law, if the public improvement is necessary and "directly related" (in this
case, the upgrade to 50'" Avenue NW) to the project proceeding, it is considered within the TIF district, and increment could be
used for that purpose. These provisions may be subject to change under TIF legisaltion currently being considered by the State
Legislature.
It should also be noted that this TIF district is considered a "qualified" housing district, and therefore not subject to an LGA
HACA penalty or local contribution in lieu thereof.
The staff view is that the proposed City assistance is being recommended to secure the 100 affordable units. These units would
have very affordable rents in comparison to other new construction projects that are being proposed
Council Action Reauested:4'�
Adopt resolution approving Development District # 15 and Tax Increment Financing District Plan # 15-1.
...,UNCIL ACTION: Motion bv: Second by: to:
y�e4't £ - S
qd %ao Afe4j ,
FILE COPY
Development District No. 15
of the
City of Rochester, Minnesota
Including the
Development Program for the Development District
and
Tax Increment Financing District and Plan No. 15-1
April 17, 2000
This document was drafted by: Briggs and Morgan
Professional Association (JOM)
2200 First National Bank
Building
332 Minnesota Street
Saint Paul, Minnesota 55101
Tel: (651) 223-6600
Fax: (651) 223-6450
1132286.1
Section I.
Development District No. 15
and Its Development Program
Section 1.1. Definitions. The terms defined below, for
purposes of this Development District and Development Program and
for purposes of any Tax Increment Financing Districts and Plans
which may be now or hereafter established and approved within the
Development District, shall have the following respective
meanings, unless the context specifically requires otherwise. The
term "development" includes redevelopment, and the term
"developing" includes redeveloping.
"City" means the City of Rochester, Minnesota.
"Council" means the Common Council of the City, its
governing body.
"Company" means the developer of the Project, weatherstone
Townhomes.
"County" means Olmsted County, Minnesota.
"Development District" means Development District No. 15 of
the City established hereby, as the same may be amended.
"Development Program" means the Development Program adopted
herein for the Development District, as the same may be amended.
"Enabling Act" means Minnesota Statutes, Sections 469.124
through 469.134, as the same may be amended or supplemented.
"Project" means the acquisition and improvement of the
property within the Development District and the approximately
100 rental housing units and all related improvements to be'
completed, owned and operated by the Company within the
Development District, and including where applicable the related
and necessary public street and utility improvements (applicable
portion of 50'h Avenue).
"State" means the State of Minnesota.
"Tax Increment District" means any tax increment financing
district established pursuant to the Tax Increment Act now or in
the future within the Development District, and as the same may
be amended.
"Tax Increment Act" means Minnesota Statutes, Sections
469.174 through 469.179, as the same may be amended.
2132286.3. 1 - I
"Tax Increment Plans" means the respective tax increment
financing plans adopted pursuant to the Tax Increment Act for the
Tax Increment Districts, respectively, as the same may be
amended.
Section 1.2. Enabling Act Statutory Authority. Pursuant
to the Enabling Act, the City is authorized to exercise municipal
development district powers. It is the intention, of the City,
notwithstanding the enumeration of specific goals and objectives
in the Development Program, that the City shall have and enjoy
with respect to the Development District the full range of powers
and duties conferred upon the City pursuant to the Enabling Act,
the Tax Increment Act, and such other legal authority as the City
may have or enjoy from time to time.
Section 1.3. Statement and Finding of Public Purpose.• The
City finds that there is a need for development within the City
and the Development District to provide employment opportunities,
to improve the local tax base, and to improve the general economy
of the City and the State. The sound development of the economic
security of the people in the City depends upon proper
development of marginal and other property, which includes
property that meets any one of a number of conditions, including
properties whose values are too low to pay for the public
services required or rendered and properties whose lack of use or
improper use has resulted in stagnant or unproductive land that
could otherwise contribute to the public health, safety, and
welfare.
The City finds that in many cases such property cannot be
developed without public participation and assistance in forms
including property acquisition and/or write -down, proper
planning, the financing of land assembly in the work of clearance
or development, and the making or financing of various other
public and private improvements necessary for development. In
cases where the development of marginal and other property cannot
be done by private enterprise alone, the City believes it to be
in the public interest to consider the exercise of its powers, to
advance and spend public money, and to provide the means and
impetus for such development.
The City finds that in certain cases property within the
Development District would or may not be available for
development without the specific financial aid to be sought, that
the Development Program will afford maximum opportunity,
consistent with the needs of the City as a whole, for the
development of the Development District by private enterprise,
and that the Development Program conforms to the general plan for
the development of the City as a whole.
The City also finds that the welfare of the City and the
State requires the active promotion, retention, attraction,
1132286.1 1-2
encouragement, and development of economically sound industry and
commerce through governmental action for the purpose of
preventing the emergence of blighted and marginal lands and areas
of chronic unemployment. It shall also be the policy of the City
to facilitate and encourage such action as may be necessary to
prevent the economic deterioration of such areas to the point
where the process can be reversed only by total redevelopment.
Through the use of the powers conferred on the City pursuant to
the Enabling Act, promoting economic development may prevent the
occurrence of conditions requiring redevelopment and prevent the
emergence of blight, marginal land, and substantial and
persistent unemployment.
Section 1.4. Statement of Objectives. The City seeks to
achieve one or more of the following objectives with respect to
such property within the Development District as the City may
determine and in such circumstances and upon such terms as the
City may deem appropriate or necessary:
(a) To promote and secure the prompt development of
property within the Development District in a manner
consistent with the Land Use Plan for the Rochester Urban
Service Area.
(b) To secure the prompt development of property in
the Development District in order to (i) realize return on
presently existing public investment in public utilities,
streets, and other infrastructures; (ii) prevent the .
emergence of blight or blighting factors and (iii) promote
retention and expansion of the City's property tax base.
(c) To assist such prompt development through the
acquisition or write -down of certain interests in property
within the Development District which is not now in
productive use or in its highest and best use, to make or
defray the cost of soil corrections or other site
improvements on said property, and to construct or reimburse
for the construction of public improvements and other
facilities on or for the benefit of said property, thereby
promoting and securing the development of other land within
the Development District.
(d) Through the implementation of this Development
Program, to provide an impetus for residential development
desirable or necessary to accommodate increased population
within the City, including affordable housing.
(e) To promote and secure additional employment
opportunities within the City, and the diversification
thereof, and to prevent the loss of existing employment
opportunities, thereby preventing the loss of valuable'human
resources.
1132286.1 1-3
(f) To provide funding for an ongoing development
strategy and to prioritize the use of available resources.
(g) To implement and revise from time to time, as may
be deemed necessary or desirable, a consolidated and unified
Development Program and to finance the associated
development costs on a area -wide basis.
(h) To employ any of the powers of the City for the
benefit of the Development District in such cases and upon
such terms as the City may deem appropriate.
(i) To construct or acquire facilities deemed
desirable for the development of the Development District.
(j) To promote redevelopment of blighted or marginal
property.
Section 1.5. Boundaries of the Development District. The
property within the City which is hereby designated as and which
shall initially constitute the Development District is the
property described in Exhibit II -A attached to Section II hereof,
also shown on the map attached to Section II as Exhibit II-B.
The City finds that the Development District, together with the
objectives which the City seeks to accomplish or encourage with
respect to such property, constitutes a "development district"
within the meaning of Minnesota Statutes, Section 469.125,
Subdivision 9.
Section 1.6. Property Acauisition. The City may write down
or acquire such property, or appropriate interests therein,
within the Development District as the City may deem to be
necessary or desirable to assist in the implementation of the
Development Program.
Section 1.7. Estimated Development Costs. The Development
Program shall include the estimated public improvement and
development costs described in this Section. These costs are
anticipated to be made or incurred within the Development
District and financed in whole or in part by tax increment or
other available revenues of :the City.
The total of these development costs is estimated at up to
1001r of the tax increment to be generated by Tax Increment
Financing District No. 15-1 during its existence. These tax
increments are expected to be applied in direct or indirect aid
of the development activities described in this Section and in
Section 2.5 for such costs as site acquisition, improvement
and/or other preparation and development of building facilities.
The land within the Tax Increment District is expected to be
developed into approximately 100 rental housing units and various
1232286.1 1-4
related improvements (collectively, the "Project"), all to be
owned and operated by the Company. The budget for the Project,
which is also part of the budget for the Development Program and
the Tax Increment Financing Plan for Tax Increment Financing
District No. 15-1, is presently estimated as follows:
Weatherstone Townhomes Rental
Housing Project:
Land Acquisition $ 888,000
Site Preparation/Improvement,
Including Site Utilities 486,000
Building Construction 7,714,000
Public Utilities (Sewer & Water) 5,500
Project Interior Streets 987,875
Public Streets (50'h Ave. NW from
55`"' Street to northerly end of
Weatherstone Property) 516,450
Interest on Public Street and
Borrowing Costs 250,000
Administrative Expenses 169,000
Interest on TIF Indebtedness/Borrowing
Relating to Company On -Site Costs 500,000
Total Development Costs
and Maximum Amount of
Bonded Indebtedness $11,516,825
If bonding is required to finance the applicable portions of
the foregoing costs, the reasonable and customary expenses for
that bonding, such as capitalized interest, interest on the debt,
bond discount, and fiscal and legal fees, would be added to the
estimates listed above. Tax increment bonding and indebtedness
may include traditional general obligation or revenue bonding,
including interest -bearing "pay-as-you-go" financing or internal,
interest bearing City -financed borrowing. In practice, the
principal amount of pay-as-you-go tax increment indebtedness is
not expected to exceed $975,000 relating to the Company's on -site
costs and $516,450 relating to the related and necessary public
street and utility costs, respectively, and may be substantially
less.
The City intends to pay from available tax increment such
qualifying administrative costs as may be permitted by but
subject to the applicable limitations provided in the Tax
Increment Act, which currently is 10% of the total tax
increments.
The Council hereby finds that the Development Program, as
provided pursuant hereto, constitutes a "development program"
within the meaning of Minnesota Statutes, Section 469.125,
Subdivision 3.
1132286.1 1-5
Section II.
Tax Increment Financing District and Plan No. 15-1
(Weatherstone Townhomes Rental Housing Project)
Section 2.1. Statement of Obiectives. The objectives which
the City seeks to achieve through the implementation of this Tax
Increment District and Plan are set out in the Development
Program for the Development District, as provided in Section I
above.
Section 2.2. Development Program. The development program
which the City seeks to further through the implementation of
this Tax Increment District and Plan is the Development Program,
as provided in Section I above.
Section 2.3. Parcels to be Included in Tax Increment
Financing District No. 15-1. This Tax Increment District (the
"District") shall consist of the property described in the
attached Exhibit II -A. Attached hereto as Exhibit II-B is a map
which depicts the Development District and this Tax Increment
District, respectively.
Section 2.4. Parcels in Acquisition. The City may write
down or acquire real property, or interest therein, within this
Tax Increment District or elsewhere within the Development
District at the time or times as the City may determine to be
necessary or desirable to assist or implement development within
the Development District or the Tax Increment District.
Section 2.5. Development Activity Anticipated for Tax
Increment Financing District No. 15-1. The City anticipates
entering into suitable development agreement(s) with the Company
for the completion of the Project (approximately 100 rental
housing units and related improvements). The City anticipates
assisting the Company with its costs associated with the Project.
In consideration of the needed development, the City also
anticipates contributing assistance of the kind described in
Section 1.7 above to defray public development and improvement
costs expected to be incurred in assisting the Project.
Section 2.6. Estimated Public Improvement Costs. The
estimated public improvement costs and the amount of bonded
indebtedness (including interest thereon) to be incurred within
and for the benefit of the Development District are set forth in
the Development Program, including without limitation Section 1.7
above, but shall also include all other public costs provided in
the Development Program. General obligation and/or revenue tax
increment obligations, with interest in the 5% to 9% range, in
addition to the direct use of tax increments, or other borrowing
or available funds (including without limitation interest -bearing
1132286.1 2-1
City short-term or long-term loans, inter -fund transfers (both in
and out) and other assistance) may be used as required to finance
such costs. Additional sources of revenue derived from the
City's activities within the Development District under the
Enabling Act may also be used as permitted by law, if available.
Section 2.7. Estimated Net Tax Capacity. The City
estimates that upon completion of the Project the.captured net
tax capacity of the District will be $47,109. This estimate is
based on estimates that the original net tax capacity of the Tax
Increment District will not be more than $50 and that the total
tax capacity of the District upon completion of the Project will
be approximately $47,159 (using (1) the County Assessor's
preliminary market value estimate of $4,715,900 of the completed
Project and (2) the 114d" class rate of 1.009 for all of the
approximately 100 rental units, as indicated by the Company). If
all of the rental units were to have a 2.40t class rate, which is
not anticipated, the total tax capacity of the completed Project
would be approximately $113,182 and the captured tax capacity
would be approximately $113,061. The "base" value of the
District is negligible because the District Comprises 11.58 acres
of an 81.46 acre tax parcel, and that larger tax parcel has a
$35,400 limited market value.
Section 2.8. Type of Tax Increment District. This Tax
Increment District is a "housing district," within the meaning of
Minnesota Statutes, Section 469.174, Subdivision 11, because the
Project is an approximately 100 unit rental housing facility, and
the Company represents that at least 20a of the units will be
reserved for rental to persons whose annual income does not
exceed 50s of applicable area median income. Based on such
representations, the Tax Increment District would be a "qualified
housing district" within the meaning of Minnesota Statutes,
Section 273.1399, Subdivision 1(d), and would thus not give rise
to an LGA/HACA "penalty" pursuant to said Section. Such tax
increment assistance as may hereafter be approved by the Council
shall be used solely to finance the Project, as required by
Minnesota Statutes, Section 469.176, Subdivision 4d, and the
Project shall be required to meet the applicable income
limitations provided in Minnesota Statutes, Section 469.1761.
Section 2.9. Duration of Tax Increment District. Pursuant
to Minnesota Statutes, Section 469.176, Subdivision lb(5), no tax
increment will be paid from this Tax Increment District after 25
years from the date of receipt of the first increment.
Section 2.10. Impact on Taxing Jurisdictions. The impact
of this Tax Increment District on the affected taxing
jurisdictions is reflected in the City's anticipated need to
utilize the tax increments generated from this Tax Increment
District during the period described in Section 2.9 above for the
purposes of financing the public costs referenced in Section 2.6
1132286.1 2 -2
above, as the same may be amended, following which period the
increased assessed valuations will inure to the benefit of such
taxing jurisdictions.
For the payable 2000 property taxes, the respective tax
capacity rates and net tax capacities of these taxing
jurisdictions are set out in the following table, except that the
tax capacity rates below are payable 1999 rates tat the time of
preparation of this Tax Increment Plan, the payable 2000 tax
capacity taxes were not available.)
Taxing Jurisdiction
City of Rochester
Olmsted County
I.S.D. No. 535
Tax Capacity Rate
30.961%
47.138
59.386
137.485%
Tax Capacitv
$ 57,186,771
78,269,286
67,863,593
On the assumption that the estimated captured tax capacity
of this Tax Increment District would be available to the above
taxing jurisdictions without creation of this Tax Increment
District, the impact of this tax increment financing on the'tax
capacities of those taxing jurisdictions is relatively small, as
shown by comparing on a percentage basis the marginal effect on
tax capacity rates and by comparing the estimated $47,109 of
captured tax capacity to the foregoing tax capacities of each of
those jurisdictions, respectively.
On the alternate assumption, which has been found to be the
case, that none of the estimated captured tax capacity would be
available to these taxing jurisdictions without the creation of
this Tax Increment District, during the period of this District's
existence, there would be no effect on the above tax capacities,
but upon the expiration or earlier termination of this Tax
Increment District, each taxing jurisdiction's tax capacity would
be increased by the captured tax capacity, as it may be adjusted
over that time period.
Section 2.11. Reasonable Expectations. As required by the
Tax Increment Act, in establishing this Tax Increment District,
the determination has been made that the anticipated development
would not reasonably be expected to occur solely through private
investment within the reasonably foreseeable future and that
therefore the use of tax increment financing is deemed necessary.
In making this determination, and in making the other
determinations required by the Tax Increment Act or the Enabling
Act, reliance has been placed upon representations of the Company
(including its application to the City for tax increment
financing assistance) and upon various written reports, studies,
1132286.1 2 -3
and analyses prepared by City staff (which reports are hereby
incorporated herein to the same extent as though set forth in
full herein) and on the expense of developing the subject
property without public assistance and the perceived unlikelihood
of the Company locating this Project in the City without the
assistance.
Section 2.12. Certain Limitations. The City acknowledges
that this Tax Increment District is subject to the limitations
provided in Minnesota Statutes, Section 469.1763 ("Restrictions
on Pooling; Five -Year Limit"), as amended, which provisions
generally require that at least 800-. of the tax increment from the
Tax Increment District be spent on "activities" within the Tax
Increment District; that such eligible expenditures may be in the
form of direct payment, payment on certain bonds or similar
obligations, or payment on development agreements or similar
contracts; that the activity must have been completed and paid
for or the agreements entered into or the bonds issued prior to
five years after the certification of the Tax Increment District;
that beginning with the sixth year after certification at least
80a of the increment that remains after paying such eligible
expenses must not be used for a purpose other than to pay or to
reserve for payment on or defeasance of any such outstanding
bonds or contractual obligations; and when all of said bonds or
contractual obligations have been paid (or sufficient funds have
been reserved to discharge or defease the same), the Tax
Increment District shall be decertified.
As provided in Minnesota Statutes, Section 469.1763,
Subdivision 2(b), any other "housing project," as defined in
Minnesota Statutes, Section 469.174, Subdivision 11, would be
deemed to be an "activity" within this Tax Increment District
notwithstanding the fact that it might be located elsewhere.
In addition, and as indicated in the map published in
connection with advertising the initial Council public hearing on
this District, tax increments from this District are intended for
such uses within this Tax Increment District and/or the
Development District.
Section 2.13. No Qualifying Local Contribution or LGA/HACA
Reduction. Since this Tax Increment District is a "qualified
housing district" under Minnesota Statutes, Section 273.1399,
Subdivision 1(c), no LGA/HACA "penalty" or reduction applies, and
no election is made to make any qualifying local contribution
respecting this Tax Increment District.
Section 2.14. Tax Increment Accounts. Consistent with
Minnesota Statutes, Section 469.177, Subdivision 5, requiring
that "tax increment received with respect to any district shall
be segregated by the authority in a special account or accounts
on its official books and records or as otherwise established by
1132286.1 2-4
resolution of the authority to be held by a trustee or trustees
for the benefit of holders of the bonds," the City will account
for all increment from the District in one or more City accounts
and subaccounts, including the ability where deemed appropriate
to establish one or more accounts for the proper accounting and
implementation of the District and the portion of the Project to
be financed directly or indirectly with tax increment. The right
to make appropriate transfers in and out of such accounts is
hereby reserved, along with the right to make both external and
internal interest -bearing borrowings, whether long term or short
term, including transfers from other City funds to cash flow tax
increment obligations and other legitimate expenditures.
1132286.1 2 - rj
EXHIBIT II -A
Tax Increment Financing District No. 15-1
of the City of Rochester, Minnesota
This Tax Increment District consists of (1) the approximately
11.58 acres (the "Weatherstone Property") of the approximately
81.46 acre Olmsted County Tax Parcel No. CT 30 007101 (Cascade
Township - this property has recently been annexed to the City)
and (2) the right-of-way of 50"'' Avenue NW from 55 Street NW
north to the northernmost point of the Weatherstone Property.
The Tax Increment District is depicted by the map attached hereto
as Exhibit II-B. These 11.58 acres are described as follows:
That part of the Southeast Quarter and of the Northeast Quarter of Section 7, Township 107
North, Range 14 West, Olmsted County, Minnesota described as follows:
Commencing at the northeast comer of the Southeast Quarter of said Section 7; thence
South 00 degrees 14 minutes 04 seconds East, assumed bearing, along the east line of
said Southeast Quarter, 50.00 feet for the point of beginning; thence continue South 00
degrees 14 minutes 04 seconds East along said east line, 557,67 feet; thence South 89
degrees 45 minutes 56 seconds West, 497.45 feet; thence North 60 degrees 55 minutes 10
seconds West, 626.26 feet; thence North 29 degrees 04 minutes 50 seconds East, 140.00
feet; thence North 40 degrees 05 minutes 03 seconds East, 170.00 feet; theNorth 59
degrees 18 minutes 12 seconds East, 190.00 feet; thence South 82 degrees 19 minutes 39
seconds East, 165.00 feet; thence South 66 degrees 33 minutes 54 seconds East, 240.00
feet; thence North 79 degrees 09 minutes 51 seconds East, 120.00 feet; thence North 89
degrees 45 minutes 56 seconds East, 200.00 feet to the pant of beginning.
Containing 11.58 acres more or less.
1'32286.1
EXHIBIT II-B
Tax Increment Financing District No. 15-1 Within
Development District No. 15 of the City of Rochester
Location of Proposed TIF istrict
all
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1132286.1
REQUEST FOR COUNCIL ACTION
MEETING
DATE: 411 /00
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
PUBLIC HEARINGS
Public Works
6-- G
cM DESCRIPTION: PROJECT HEARING: "Improve 50th Ave NW and Extend
PREPARED BY: G
Sanitary Sewer & Water Service to undeveloped lands along 50th
D. Nelson
This is a Hearing to consider the following local improvement projec-
Project No. 6350.4-99 J-9578
"Improve 50th Ave NW and Extend Sanitary Sewer 8: Water Service to undeveloped lands along
50th Ave NW"
The estimated costs for this project are:
Roadway $1,218,500
Sanitary Sewer 4,000
Watermain 7,000
Engineering, Interest & Contingency $365,500
TOTAL: $1,595,000
For the project to move forward, we are recommending contributions from the benefiting propq( y
owners.
This project is proposed to be funded with Developer Contribution and tax levy funds. The property
owners of The Weatherstone, The Ripley, The Seeger, and The Hypoint properties will enter into a
contribution agreement covering their proportional share of the project construction costs as defined by
the Northwest Transportation Improvement District substandard street reconstruction and capacity
charges and dedicate the additional right-of-way necessary to construct the project.
Development / Contribution Agreements are being prepared for each owners signature.
COUNCIL ACTION REQUESTED:
Adopt a resolution ordering the project to be made, upon receipt of Development / Contribution
Agreements from the owners of The Weatherstone, The Ripley, The Seeger, and The Hypoint
properties.
Attch: Feasibility Report I °�
p Budget and Assessment Schedule
Ma
COUNCIL ACTION: Motion by: Second by: to:
REQUEST FOR COUNCIL ACTION
MEETING ( 3(
DATE: 4,1700
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
Reports & Recommendations:
CITY ADMINISTRATOR
F- I
r i rM DESCRIPTION: Development Assistance Agreement for Weatherstone Townhomes
PREPARED BY:
Tax Increment Financing Project
T.SPAETH
A Development Assistance Agreement between the City of Rochester and Weatherstone Townhomes Limited Partnership,
has been prepared, wherein the City will provide tax increment financing assistance to Shelter Corp. to facilitate the
construction of 100 townhome units, all of which would be receiving tax increment financing assistance from the City and
would be considered "affordable" units. The following are the key provisions of the proposed Development Agreement
between the City and Weatherstone.
Responsibilities of the Developer -Facility Construction / Value: The developer is responsible for the construction of a
100 unit townhome housing project, and shall have substantially completed the improvements by December 31, 2001. The
estimated value of the improvements on the property is approximately $11 million.
Responsibilities of the Developer -Provision for low to moderate income housine: The Development Agreement
stipulates that not less than 20% of the units would be available to individulas at or below 50% of the area median income
and that rents on said units shall be restricted to not exceed 301/o of the applicable income limitations for the "term" of the
TIF district.
Responsibilities of the City -Tax Increment Assistance: The City agrees to provide tax increment assistance to defray a
portion of the up front site development costs. The City will provide assistance to the developer in the form of i9tual tax
increments received minus eligible City administrative expenses such that Weatherstone will receive 15 years worth of
available tax increments, not to exceed $950,000 in principal. In this case, the City is also proposing to utilize several
additional years of tax increment revenues to help offse road improvements to 500' Avenue NW, which are necessary for
this project to proceed.
This approach is commonly known as a "pay as you go" tax increment assistance agreement. The City is not bonding or
funding the costs when they are incurred, but is providing the developer a repayment of a portion of the site improvements.
The assistance repayments are made over the term of the agreement with the actual tax increments received. The City
assistance to the developer is secured by a City Tax Increment Revenue Note in which the City commits to provide the
agreed upon assistance, but only with the tax increment revenues which are actually received. If the increments are less
than anticipated, then the assistance provided to the developer is less. If the increments are in excess of the amounts
estimated, then the assistance to the developer remains capped at the amount described above.
COUNCIL ACTION REQUESTED:
Adopt prepared resolution approving and authorizing the execution of a Development Assistance Agreement with
Weatherstone Townhomes Limited Lartnership.
V
wUNCIL ACTION: tenon«, by: second by: to:
4/11/00 Draft
Z-leM F—I
DEVELOPMENT
ASSISTANCE AGREEMENT
By and Between
THE CITY OF ROCHESTER, MINNESOTA
f_1IM
WEATHERSTONE TOWNHOMES LIMITED PARTNERSHIP
This document drafted by:
1157025.1
BRIGGS AND MORGAN (JOM)
Professional Association
2200 First National Bank
Building
332 Minnesota Street
St. Paul, Minnesota 55101
Tel: (651) 223-6600
Fax: (651) 223-6450
TABLE OF CONTENTS
ARTICLE I - Definitions ........................................ 1
Section 1.1. Definitions ................................. 1
ARTICLE II - Representations, Warranties and Covenants .........3
Section 2.1. Representations, Warranties and Covenants
by the City.................................3
Section 2.2. Representations, Warranties and Covenants
by the Company ..............................3
ARTICLE III - Completion of Improvements; Reimbursement of
Certain Costs .................................... 6
Section 3.1. Completion of Improvements by the Company... 6
Section 3.2. Reimbursement by City of Certain Costs ...... 6
Section 3.3. Release and Indemnification Covenants ....... 8
Section 3.4. Certificate of Completion ................... 9
ARTICLE IV - Events of Default ................................ 11
Section 4.1. Events of Default Defined .................. 11
Section 4.2. Remedies on Default ........................ 11
Section 4.3. No Remedy Exclusive ........................ 12
Section 4.4. No Additional Waiver Implied by One Waiver. 12
ARTICLE V - Additional Provisions .............................13
Section
5.1.
Titles of Articles and Sections............
13
Section
5.2.
Notices and Demands ........................13
Section
5.3.
Counterparts ...............................
13
Section
5.4.
Law Governing..............................13
ARTICLE VI - Termination of Agreement; Expiration; Limitation
on Assignments ...................................
14
Section
6.1.
The City's Option to Terminate .............
14
Section
6.2.
Expiration .................................
14
Section
6.3.
Effect of Termination or Expiration ........
14
Section
6.4.
No Third Party Beneficiaries ...............
14
Section
6.5.
Limitations on Transfer of Property
And Assignment of Agreement ................
14
EXHIBIT A - LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY........ A-1
EXHIBIT B - FORM OF TIF BOND ................................. B-1
EXHIBIT C - CERTIFICATE OF COMPLETION ........................ C-1
1157025.1
DEVELOPMENT ASSISTANCE AGREEMENT
THIS AGREEMENT is dated as of , 2000; is by and
between the City of Rochester, Minnesota and Weatherstone Townhomes
Limted Partnership; a Minnesota limited partnership and provides as
follows:
ARTICLE I
Definitions
Section 1.1. Definitions. As used in this Agreement, the
following terms have the following respective meanings:
"Administrative Expenses" means "administrative expenses," as
defined in Section 469.174, Subdivision 14, of the TIF Act, at any
time actually incurred by the City with respect to the TIF
District, subject to the 10% statutory maximum provided in
Section 469.176, Subdivision 3, of the TIF Act.
"Agreement" means this Development Assistance Agreement, as
the same may be amended.
"City" means the City of Rochester, Minnesota.
"Company" means Weatherstone Townhomes Limited Partnership, a
Minnesota limited partnership or permitted successors or assigns.
"Development Costs" means those costs which conform to the
costs set forth in the TIF Plan and which are incurred and to be
incurred by the Company in acquiring the Development Property and
in completing the Improvements.
"Development Property" means the real property described in
Exhibit A of this Agreement, being the property comprising the TIF
District, as originally established.
"Event of Default" means an event of default defined in
Section 4.1 of this Agreement.
"Improvements" means the approximately 100 rental housing
units to be constructed by the Company on the Development Property,
including all utility, site improvement, parking and related
improvements.
"Party" means either the Company or the City.
1157025.1 1
"Parties" means the Company and the City.
"Tax Increments" means those tax increments generated by the
Improvements which the City shall be entitled to receive and
retain, and which the City shall have actually received, from
Olmsted County from time to time from the TIF District pursuant to
the TIF Act; provided that the term "Tax Increments" shall
specifically not include any amounts of tax increment generated by
the TIF District which pursuant to the applicable terms of the TIF
Act (as it may exist or be amended from time to time) may be
required to be paid to or reserved for the State of Minnesota,
Olmsted County, or any other entity or official; and "Available Tax
Increments" means, as further defined in Section 3.2, the portion
of the Tax Increments which shall be available to pay the City's
obligations under the TIF Bond.
"Term" means the period beginning on the date of this
Agreement and ending (1) on December 31 of the year which is 25
years after the year in which the City first receives Tax
Increments from the TIF District, or (2) on such date (if any) as
the City shall have terminated this Agreement pursuant to its
terms, whichever shall occur earlier.
"TIF Act" means the Minnesota Tax Increment Financing Act,
that is, Minnesota Statutes, Sections 469.174 through 469.179, as
the same may be amended or supplemented.
"TIF Bond" means the tax increment revenue bond of the City in
the form of the attached Exhibit B, as further described in Section
3.2.
"TIF District" means the City's Tax Increment Financing
District No. 15-1 within its Development District No. 15, as the
same may be amended.
"TIF Plan" means the tax increment financing plan for the TIF
District, as provided in that certain City document entitled in
part "Development District No. 15 of the City of Rochester,
Minnesota," dated April 17, 2000, as the same may be amended.
"Unavoidable Delays" means any delay outside the control of
the Party claiming its occurrence which is the direct result of
strikes, other labor troubles, unusually severe or prolonged bad
weather, unavailability of materials, Acts of God, fire or other
casualty to the Improvements, litigation (including without
limitation bankruptcy proceedings) and which directly results in
delays; or acts of any federal, state or local governmental unit
which directly result in delays.
1157025.1 2
ARTICLE II
Representations, Warranties and Covenants
Section 2.1. Representations, Warranties and Covenants by the
City. The City represents and warrants that it is authorized to
enter into and perform its obligations under this Agreement. The
City is entering into this Agreement to achieve housing purposes.
Section 2.2. Representations, Warranties and Covenants by the
Company. The Company represents and warrants that:
(a) The Company is a limited partnership duly organized
in the State of Minnesota and in good standing under the laws
of the State of Minnesota, is not in violation of any
provisions of its organizational documents or the laws of the
State of Minnesota and is authorized to enter into and perform
its obligations under this Agreement.
(b) The execution and delivery of this Agreement, the
consummation of the transactions contemplated hereby and the
fulfillment of or compliance with the terms and conditions of
this Agreement are not prevented or limited by and will not
conflict with or result in a breach of any provision or
requirement applicable to the Company or of any provision of
any evidence of indebtedness, agreement or instrument of
whatever nature to which the Company is now a party or by
which it is bound.
(c) The Company, with respect to its construction,
operation and maintenance of the Improvements upon the
Development Property, will cause the same to occur in
accordance with this Agreement and all local, state and
federal laws and regulations (including without limitation
environmental, zoning, building code and public health laws
and regulations).
(d) The Company has received no notice or communication
from any local, state or federal official or body that any
activities of the Company respecting the Development Property
contemplated by this Agreement, including the construction of
the Improvements on the Development Property, may be or will
be in violation of any law or regulation.
(e) The Company will obtain, in a timely manner, all
required permits, licenses and approvals, and to meet, in a
timely manner, all requirements of all applicable local, state
and federal laws and regulations which must be obtained or met
1157025.1 3
before the Improvements may be lawfully constructed and
completed.
(f) The Company represents that the construction of the
Improvements on the Development Property within the reasonably
foreseeable future is conditioned on the assistance and
benefit to the Company provided for in this Agreement. It is
also the belief of the Company that the level and expected
duration of the cash flow assistance to be provided pursuant
to the TIF Bond are essential in order to make feasible the
financing of the Improvements, in part because of the
significant tenant income and rent restrictions which will
apply thereto.
(g) The Company represents that it owns the Development
Property or has entered into binding agreement(s) pursuant to
which the Company has the right to purchase the Development
Property. The Company represents and covenants (1) that
throughout the Term the TIF District will be a "qualified
housing district" within the meaning of Minnesota Statutes,
Section 273.1399, Subdivision 1(c); and (2) that the
Improvements shall without limitation continue to meet the
applicable income limitations provided in Minnesota Statutes,
Section 469.1761. The Company further covenants that
throughout the Term not less than 20% of the rental housing
units of the Improvements shall consist only of properties
which meet all of the requirements for low-income housing
credit under Section 42 of the Internal Revenue Code of 1986,
as amended through December 31, 1992 (the "Code"); provided
that it shall not be a requirement for purposes of this
Agreement that the Improvements, in whole or in part, actually
receive such federal assistance. In particular, the Company
covenants that throughout the Term that not less than 20% of
the units shall be occupied by individuals whose annual income
is 50% or less of area median gross income and that said units
shall be rent restricted (i.e., having gross rents not
exceeding 30% of the applicable imputed income limitation),
all within the meaning of Section 42(g) of the Code. On
February 1, 2002, and on February 1 every year thereafter, the
Company shall document to the reasonable satisfaction of the
City the Company's compliance with its obligations under this
Section 2.2(g). Such documentation shall at a minimum, in
addition to such other reasonable requirements of the City,
include verified income statements from applicable tenants,
the total number of rental units and proof of compliance with
the above rent restrictions, together with a signed
certification by the Company that it is in current compliance
1157025.1 4
with the requirements and obligations of this Section 2.2(g).
If, as has been requested by the Company, the City issues
conduit housing bonds to finance a portion of the costs of the
Improvements, and if as a result of the issuance of such bonds
the Company is required to file periodic income and/or rent
limitation compliance reports with the trustee for those
bonds, or others, the Company may include such reports as part
of its documentation and proof to the City that it is
complying with the above income and/or rent limitations, and
the City may also in its discretion require said documentation
to accompany the other proofs required pursuant to this
Section 2.2(g).
1157025.1 5
ARTICLE III
Completion of Improvements; Reimbursement
of Certain Costs
Section 3.1. Completion of Improvements by the Company.
Subject to Unavoidable Delays, the Company shall have substantially
completed the Improvements by December 31, 2001.
Section 3.2. Reimbursement by City of Certain Costs. The
Company hereby represents to the City that the Company will incur
and pay significant Development Costs. The City hereby agrees to
defray up to $950,000 of the Development Costs by issuing the TIP
Bond to the Company, as registered owner thereof, substantially in
the form of Exhibit B to this Agreement, the issuance of which TIP
Bond is hereby authorized and approved, subject to the following
conditions:
(1) The TIP Bond shall be dated, issued and delivered on
or as soon as practicable following the date of execution and
delivery of this Agreement, provided no Event of Default
shall have occurred and be at the time continuing.
(2) As conditions to such reimbursement of Development
Costs pursuant to the TIP Bond, the Company shall have
completed the Improvements and shall have submitted (from time
to time) such written proofs and other documentation as may be
reasonably satisfactory to the City of the exact nature and
amount of the particular Development Costs for which the
Company is seeking reimbursement, together with such other
information or documentation necessary to enable the City to
substantiate its tax increment expenditures and/or to comply
with its tax increment reporting obligations to the
Commissioner of Revenue, the Office of the State Auditor or
other applicable official. The documentation shall include
specific invoices for the particular work from the contractor
or other provider and shall include paid invoices, copies of
remittances and/or other suitable documentary proofs of the
Company's payment thereof. Without limitation, the Company
shall separately identify its costs for land acquisition, site
utilities and other site improvements, respectively. In
addition, the respective certifications of categories of
Development Costs may not exceed the applicable line item
budgets for those costs approved as a part of the TIP Plan, as
set forth in Section 1.7 of that certain City document
entitled in part "Development District No. 15 of the City of
Rochester, Minnesota," dated April 17, 2000.
1157025.1 6
(3) Subject to the provisions thereof, the TIF Bond
shall be payable on each February 1 and August 1, commencing
August 1, 2002, and continuing through the February 1, 2016
(the "Payment Dates"), in the respective amount or amounts
described in this subsection. The sole source of funds
available for payment of the City's obligations under this
Section and correspondingly under the TIF Bond shall be the
Available Tax Increments, being generally the Tax Increments
minus the then -unpaid Administrative Expenses of the City,
including without limitation the City's costs of establishing,
implementing and administering the TIF District. The amounts
payable on the TIF Bond on each Payment Date shall be limited
to the Available Tax Increments received by the City within
the preceding 6 months. The principal amount of the TIF Bond
shall be the lesser of $950,000 and the sum of the amounts
certified by the Company and accepted by the City pursuant to
Section 3.2(b). All payments made on the TIF Bond shall be
applied first to accrued and unpaid interest thereon and
second toward payment of the principal thereof. All amounts
of Tax Increments which are not Available Tax Increments are
not subject to this Agreement, and the City retains full
discretion as to any authorized application thereof, regard-
less of whether the Available Tax Increments are sufficient to
reimburse the Company in full for the above -described costs.
To the extent that the Available Tax Increments are
insufficient, through the final Payment Date, to pay all
amounts otherwise due on the TIF Bond, said unpaid amounts
shall then cease to be any debt or obligation of the City
whatsoever.
(4) The unpaid principal of the TIF Bond shall bear
simple, non -compounded interest at 6.00% per annum from the
date of execution of the Certificate of Completion. Interest
shall be computed on the basis of a 360-day year consisting of
12 months of 30 days each.
(5) The City shall not endeavor to issue the TIF Bond so
that the interest thereon shall be exempt from federal or
State income taxation, and the Parties accordingly anticipate
that the TIF Bond will be a "taxable" obligation.
(6) The TIF Bond shall be a special and limited revenue
obligation of the City and not a general or moral obligation
of the City, and only Available Tax Increments shall be used
to pay the amounts due on the TIF Bond.
(7) The City's obligation to make payments on the TIF
Bond shall be conditioned upon the requirement that there
1157025.1 7
shall not at the time have occurred and be continuing an Event
of Default; provided, however, that (unless the City shall
have terminated this Agreement) if such Event of Default shall
subsequently have been cured to the reasonable satisfaction of
the City, such unpaid obligations shall thereupon be
reinstated and thereby become due and payable.
(8) The TIF Bond shall be governed by and payable
pursuant to the additional terms thereof, as set forth in
Exhibit B. In the event of any conflict between the terms of
the TIF Bond and the terms of this Section 3.2, the terms of
the TIF Bond shall govern.
(9) Following any termination of this Agreement by the
City pursuant to Section 4.2 hereof, no further or unpaid
amounts of the TIF Bond shall then or thereafter be due and
payable by the City under this Section or the TIF Bond but
shall thereupon be extinguished.
Section 3.3. Release and Indemnification Covenants.
(a) The Company releases from and covenants and agrees
that the City and the governing body members, officers,
agents, including its independent contractors, consultants and
legal counsel, servants and employees thereof (hereinafter,
for purposes of this Section, collectively the "Indemnified
Parties") shall not be liable for and agrees to indemnify and
hold harmless the Indemnified Parties against any loss or
damage to property or any injury to or death of any person
occurring at, about or in connection with the Improvements, or
the Company's undertaking and completion thereof, or resulting
from any defect therein, except to the extent such loss, '
damage or death is caused by the negligence or other wrongful
acts of the Indemnified Parties.
(b) Except for any willful misrepresentation or any
willful or wanton misconduct or negligence of the Indemnified
Parties, the Company agrees to protect and defend the
Indemnified Parties, now and forever, and further agrees to
hold the aforesaid harmless from any claim, demand, suit,
action or other proceeding whatsoever by any person or entity
whatsoever arising or purportedly arising from this Agreement,
or the transactions contemplated hereby or the acquisition,
construction, installation, ownership, and operation of the
Improvements, provided, that this indemnification shall not
apply to the warranties made or obligations undertaken by the
City in this Agreement.
1157025.1 8
(c) All covenants, stipulations, promises, agreements
and obligations of the City contained herein shall be deemed
to be the covenants, stipulations, promises, agreements and
obligations of the City and not of any governing body member,
officer, agent or employee of the City.
(d) This Agreement shall not create nor be construed to
create any partnership, joint venture, agency, or employment
relationship between the Parties.
Section 3.4. Certificate of Completion.
(a) Promptly after completion of the Improvements in
accordance with the provisions of this Agreement, and upon
written request made to the City by the Company, the City will
execute the Certificate of Completion in the form attached
hereto as Exhibit C, which shall then be a conclusive
determination of satisfaction and termination of the
agreements and covenants in this Agreement with respect to the
completion of the Improvements. The following shall be
conditions precedent to the City's obligation to execute the
Certificate of Completion:
(i) There shall exist no Event of Default
hereunder, and the Improvements shall have been
completed in substantial conformity to the terms of
this Agreement;
(ii) The City shall have issued a Certificate
of Occupancy for all of the Improvements; and
(iii) The Company shall have complied with its
obligations under Section 2.2(h).
(b) If the City determines that it cannot execute the
Certificate of Completion, it shall, within 20 days after
written request therefor, provide a written statement
indicating in adequate detail why it cannot do so and also
indicating what measures or acts it will be necessary to be
taken or performed in order to permit execution of the
Certificate of Completion.
Section 3.5. Certain Public Improvements. The Company
represents, and the City concurs, that the widening and other
improvements to 50th Avenue NW from 55th Street to the northerly end
of the Development Property will be necessary for and related to
the Improvements. The City has in the TIF Plan budgeting up to
$516,450 for principal costs of these public improvements and an
additional maximum amount of $250,000 for interest on internal or
1157025.1 9
external debt incurred in the making and financing of those public
improvements. While the tax increment assistance to the Company
under this Agreement and the TIF Bond is limited to 15 years of
increment, the Term of this Agreement extends essentially
throughout the longer maximum statutory life of the TIF District,
and it is the City's intention to pay for a portion of the public
improvement costs from the Tax Increments which would be generated
after the years in which the Available Tax Increments are dedicated
toward payment of the TIF Bond. For this reason, it will be
necessary, and the Company hereby specifically agrees, to observe
and be bound by all limitations and provisions of this Agreement
throughout the entire Term, including without limitation, the
Company's obligations under Section 2.2(g), in order that the TIF
District may continue to qualify as a "qualified housing district,"
so that the City would then be entitled to devote such additional
Tax Increments in payment or partial payment of the costs
associated with said public improvements.
Nothing in this Section 3.5 is intended or shall be construed
as an obligation of the City to install those public improvements
or as any limitation on the City, should it proceed with those
public improvements, to finance the costs thereof other than
through the Tax Increments, whether by special assessment or
otherwise.
1157025.1 10
Section 4.1.
Events of Default
ARTICLE IV
Events of Default
Events of Default Defined
under this Agreement:
The following are
(a) There shall have occurred a failure in the
observance or performance of any covenant, condition,
obligation or agreement to be observed or performed under this
Agreement or any other agreement between the Parties
respecting the Improvements.
(b) There shall have occurred a failure in payment, when
due, of any property tax, special assessment, or other
governmental imposition respecting the Development Property,
subject to statutory or other legal rights to contest or defer
payment of the same.
(c) The filing of a petition in bankruptcy by or against
the Company under the United States Bankruptcy Code; or
failure by the Company within 90 days to have discharged any
execution, garnishment or attachment of such consequence as
would impair the ability of the Company to carry on its
operations respecting the Improvements; or the assignment by
the Company for the benefit of creditors; or the entry by the
Company into an agreement of composition with creditors or the
failure generally by the Company to pay its debts as they
become due.
An Event of Default shall also include any occurrence which would
with the passage of time or giving of notice become an Event of
Default as defined hereinabove.
Section 4.2. Remedies on Default. Whenever any Event of
Default occurs, in addition to all other remedies available to the
City at law or in equity, the City (1) may without notice suspend
its performance under this Agreement until it receives assurances
from the Company, deemed adequate by the City, that the Company has
cured its default and will continue its performance under this
Agreement, and (2) may, after provision of 60 days written notice
to the Company of the Event of Default, but only if the Event of
Default has not been cured within said 60 days, or if the Event of
Default cannot be cured within 60 days, the Company does not
provide assurances to the City reasonably satisfactory to the City
that the Event of Default will be cured as soon as reasonably
possible, terminate this Agreement, without further obligation
whatsoever hereunder to the Company. Without limitation of any
1157025.1 11
other remedy hereunder, if the Event of Default is a violation by
the Company of its obligations under Section 2.2(g), the Company
shall, if requested by the City in writing, repay all assistance
theretofore provided to the Company under the TIF Bond. Upon the
occurrence of any Event of Default, the Company shall reimburse the
City for all expenses and liabilities resulting therefrom,
including without limitation all reasonable attorney or consultant
fees.
Section 4.3. No Remedy Exclusive. No remedy herein conferred
upon or reserved to the either Party is intended to be exclusive of
any other available remedy or remedies, but each and every such
remedy shall be cumulative and shall be in addition to every other
remedy given under this Agreement or now or hereafter existing at
law or in equity. No delay or omission to exercise any right or
power accruing upon any default shall impair any such right or
power or shall be construed to be a waiver thereof, but any such
right and power may be exercised from time to time and as often as
may be deemed expedient.
Section 4.4. No Additional Waiver Implied by One Waiver. If
any agreement contained in this Agreement should be breached by
either Party and thereafter waived by the other Party, such waiver
shall be limited to the particular breach so waived and shall not
be deemed to waive any other concurrent, previous or subsequent
breach hereunder.
1157025.1 12
ARTICLE V
Additional Provisions
Section 5.1. Titles of Articles and Sections. Any titles of
the several parts, Articles and Sections of this Agreement are
inserted for convenience of reference only and shall be disregarded
in construing or interpreting any of the provisions hereof.
Section 5.2. Notices and Demands. Except as otherwise
expressly provided in this Agreement, a notice, demand or other
communication under the Agreement by either Party to the other
shall be sufficiently given or delivered if sent by first class
mail, postage prepaid, or delivered personally or telecopied; and,
(a) in the case of the Company, to Weatherstone
Townhomes Limited Partnership, c/o Shelter Corporation, Suite
880, 900 Second Avenue South, Minneapolis, Minnesota 55402,
Attention: Senior Vice President; and
(b) in the case of the City, to the City of Rochester,
Minnesota, at the Rochester City Hall, 201 4th Street SE,
Rochester, Minnesota 55904-3742, Attention: Administration.
or at such other address with respect to either such Party as that
Party may, from time to time, designate in writing and forward to
the other as provided in this Section.
Section 5.3. Counterparts. This Agreement may be executed in
any number of counterparts, each of which shall constitute an
original hereof.
Section 5.4. Law Governii
Agreement shall be governed and
laws of the State of Minnesota.
1. The Parties agree that this
construed in accordance with the
1157a25.1 13
ARTICLE VI
Termination of Aqreement; Expiration; Limitation
on
Section 6.1. The City's Option to Terminate. As provided and
under the conditions specified in Section 4.2, the City may
terminate this Agreement if an Event of Default shall have occurred
hereunder and be continuing. Nothing in that or in this Section
shall affect the City's right, should the City not so elect to
terminate this Agreement and as recourse against the Company, to
insist on performance hereunder by the Company.
Section 6.2. Expiration. This Agreement shall expire at the
end of the Term.
Section 6.3. Effect of Termination or Expiration. No
termination or expiration of this Agreement pursuant to the terms
hereof shall terminate (i) any rights or remedies of the City
arising hereunder due to an Event of Default occurring prior to
such termination or expiration or (ii) the provisions of Section
3.3 hereof.
Section 6.4. No Third Party Beneficiaries. There shall, as
against the City, be no third party beneficiaries to this
Agreement. More specifically, the City enters into this Agreement,
and intends that the consummation of the City obligations
contemplated hereby shall be, for the sole and exclusive benefit of
the Company, and notwithstanding the fact that any other "persons"
may ultimately participate in or have an interest in the
Improvements, the City does not intend that any party other than
the Company shall have, as alleged third party beneficiary or
otherwise, any rights or interests hereunder as against the City,
and no such other party shall have standing to complain of the
City's exercise of, or alleged failure to exercise, its rights and
obligations, or of the City's performance or alleged lack thereof,
under this Agreement.
Section 6.5. Limitations on Transfer of Property and
Assignment of Agreement. The Company covenants and agrees that
prior to the expiration or earlier termination of this Agreement,
except only by way of security for the purpose of obtaining
financing necessary to enable the Company to complete the Im-
provements (and any future expansion of the Company's operations on
the Development Property), the Company (except as so authorized)
has not made or created and will not make or create or suffer to be
made or created any total or partial sale, assignment, conveyance,
or lease (excepting month to month tenancies or tenant leases in
1157025.1 14
the Improvements), or any trust or power, or any transfer in any
other mode or form, of or with respect to this Agreement or the De-
velopment Property or any part thereof or any interest therein, or
any contract or agreement to do any of the same, without the prior
written approval of the City (which approval the City may not
unreasonably withhold). Notwithstanding the foregoing, the Company
may make such a transfer to an entity which it owns and controls,
provided that the Company covenants to continue such ownership and
control throughout the Term and that conditions (a), (b) and (c) in
this Section 6.5 below are complied with.
The City shall be entitled to require, except as otherwise
provided in the Agreement, as conditions to any such approval that:
(a) Any proposed transferee shall have the
qualifications and financial responsibility, in the reasonable
judgment of the City, necessary and adequate to fulfill the
obligations undertaken in this Agreement by the Company;
(b) Any proposed transferee, by instrument in writing
satisfactory to the City, shall, for itself and its successors
and assigns, and expressly for the benefit of the City, have
expressly assumed all of the obligations of the Company under
this Agreement and agreed to be subject to all the conditions
and restrictions to which the Company is subject unless the
Company agrees to continue to fulfill those obligations, in
which case the preceding provisions of this Section 6.5(b)(ii)
shall not apply; and
(c) There shall be submitted to the City for review and
prior written approval all instruments and other legal
documents involved in effecting the transfer of any such
interest in this Agreement or the Development Property.
1157025.1 15
IN WITNESS WHEREOF, the City and the Company have caused this
Agreement to be executed by their duly authorized representatives.
CITY OF ROCHESTER, MINNESOTA
to
UA
(SEAL)
Its
Its City Clerk
1157025.1 16
[Execution of this Development Assistance Agreement by Weatherstone
Townhomes Limited Partnership appears on the following page.]
1157025.1 17
Weatherstone Townhomes Limited
Partnership, a Minnesota Limited
Partnership
By_Weatherstone Townhomes
Inc.
Its General
Partner
1157025.1 18
[Execution Page to Development Assistance Agreement between the
City of Rochester, Minnesota, and the above -named Party.]
1157025.1 19
EXHIBIT A
LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY
The Development Property consists of the following property
located in the City of Rochester, Olmsted County, Minnesota:
1157025.1 A- 1
No. R-1
EXHIBIT B
FORM OF TIF BOND
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF OLMSTED
CITY OF ROCHESTER, MINNESOTA
TAXABLE TAX INCREMENT REVENUE
BOND OF 2000
(WEATHERSTONE TOWNHOMES LIMITED PARTNERSHIP HOUSING PROJECT)
(1] The City of Rochester, Minnesota (the "City"), hereby
acknowledges itself to be indebted and, for value received, hereby
promises to pay to Weatherstone Townhomes Limited partnership, a
Minnesota Limited Partnership, or its registered assigns (the
"Registered Owner"), but only in the manner, at the times, from the
sources of revenue, and to the extent hereinafter provided, the
Principal Amount of this Bond (as defined in paragraph [2] hereof)
and to pay interest on the unpaid portions of the Principal Amount
of this Bond at the rate of interest of six and no hundredths
percent (6.00%) per annum. Interest shall accrue from the date of
the Certificate of Completion (as defined in the Development
Agreement hereinafter described) and shall be computed on the basis
of a 360-day year consisting of 12 30-day months. This Bond is the
"TIF Bond" described and defined in that certain Development
Assistance Agreement, dated as of , 2000 (as the same
may be amended from time to time, the "Development Agreement"),
between the City and Weatherstone Townhomes Limited Partnership, a
Minnesota Limited Partnership, as the initial Company under the
Development Agreement. Each capitalized term which is used but not
otherwise defined in this Bond shall have the meaning given to that
term in the Development Agreement.
[2] The Principal Amount of this Bond shall be the lesser of
$950,000 and the sum of the amounts certified to the City by the
Company and acceptable to the City pursuant to Section 3.2(b) of
the Development Agreement.
(3] Subject to the terms hereof, amounts due on this Bond
shall be payable on each February 1 and August 1, commencing
1157025.1 B- 1
August 1, 2002, and continuing through the February 1, 2016 (the
"Payment Dates").
(41 On each Payment Date (or, if not a business day of the
City, the first business day thereafter) the City shall pay by
check or draft mailed to the person that was the Registered Owner
of this Bond at the close of the last business day of the City
preceding such Payment Date an amount equal to the lesser of
(1) the Available Tax Increments received by the City within the 6-
month period preceding said Payment Date and (2) the sum of (i) the
accrued and unpaid interest hereon and (ii) the aggregate amount of
the unpaid principal of this Bond. All payments made by the City
under this Bond shall be applied first to pay accrued and unpaid
interest on this Bond and second toward payment of principal
hereof.
[5) This Bond shall terminate and be of no further force and
effect on any date upon which the City shall have terminated the
Development Agreement, on the last Payment Date following payment
thereon of the Available Tax Increments then due, or on the date
that all amounts payable hereunder shall have been paid in full,
whichever occurs earliest.
(61 The City makes no representation or covenant, express or
implied, that the revenues described herein will be sufficient to
pay, in whole or in part, the amounts which are or may otherwise
become due and payable hereunder. Any amounts which have not
become due and payable on this Bond on or before the final Payment
Date shall no longer be a debt or obligation of the City
whatsoever.
(71 The City's payment obligations hereunder shall be further
conditioned on the Company's compliance with the terms and
conditions of the Development Agreement and on the fact that there
shall not at the time have occurred and be continuing an Event of
Default under the Development Agreement, and, further, if pursuant
to the occurrence of an Event of Default under the Development
Agreement the City elects to terminate the Development Agreement,
the City shall have no further debt or obligation under this Bond
whatsoever. Reference is hereby made to the provisions of the
Development Agreement for a complete statement of the obligations
of the Company and of the rights of the City thereunder, and said
provisions are hereby incorporated by reference into this Bond to
the same extent as though set out in full herein. The execution
and delivery of this Bond by the City, and the acceptance thereof
by the Company, as the initial Registered Owner hereof, shall
conclusively establish this Bond as the "TIF Bond" (and shall
1157025.1 B-2
conclusively constitute discharge of the City's obligation to issue
and deliver the same) under the Development Agreement.
(8] This Bond is not any obligation of any kind whatsoever of
any public body, except that this Bond is a special and limited
revenue obligation but not a general or moral obligation of the
City and is payable by the City only from the sources and subject
to the qualifications and limitations stated or referenced herein.
Neither the full faith and credit nor the taxing powers of the
City are pledged to or available for the payment of this Bond, and
no property or other asset of the City, save and except the above
referenced Available Tax Increments, is or shall constitute a
source of payment of the City's obligations hereunder.
(9] This Bond is issued by the City in aid of financing a
project pursuant to and in full conformity with the Constitution
and laws of the State of Minnesota, including Minnesota Statutes,
Sections 469.174 through 469.179, and including specifically but
without limitation Section 469.178, Subdivision 4, thereof.
(10] This Bond may be assigned but upon such assignment the
assignor shall promptly notify the City thereof in writing, and the
assignee shall surrender this Bond to the City either in exchange
for a new fully registered Bond or for transfer of this Bond on the
registration records for the Bond maintained by the City. Each
such assignee shall take this Bond subject to the foregoing
conditions and subject to all provisions stated or referenced
herein.
(11] This Bond has been issued as a taxable and not as a tax-
exempt obligation, and the City makes no representation, express or
implied, that the interest on this Bond is or may be excludable
from gross or taxable net income of the Registered Owner for income
tax purposes.
[12] IN WITNESS WHEREOF, the City of Rochester, Minnesota, has
caused this Bond to be executed by the manual signatures of its
Mayor and City Clerk, has caused the official seal of the City to
be omitted herefrom, as permitted by law, and has caused this Bond
to be issued and dated as of , 2000.
Mayor
1157025.1 B_3
City Clerk
1157025 .1 B _ 4
CERTIFICATION OF REGISTRATION
It is hereby certified that the foregoing Bond was as of the
latest date listed below registered in the name of the last
Registered Owner noted below, and that, at the request of said
Registered Owner of this Bond, the undersigned has as of said
applicable date registered this Bond as to principal and interest
on the Bond in the name of such Registered Owner, as indicated in
the registration blank below, on the books kept by the undersigned
for such purposes.
NAME OF REGISTERED DATE OF SIGNATURE OF
OWNER REGISTRATION CITY CLERK
Weatherstone Townhomes
Limited Partnership 2000
1157025.1
B-5
EXHIBIT C
CERTIFICATE OF COMPLETION
WHEREAS, the City of Rochester, Minnesota (the "City"), and
Weatherstone Townhomes Limited Partnership, a Minnesota
(the "Company"), have executed a Develop-
ment Assistance Agreement, dated as of , 2000 (the
"Development Agreement"), with respect to the completion by the
Company of certain improvements (the "Improvements"), more
specifically, approximately 100 units of housing on certain land
(the "Development Property") described in the Development
Agreement; and
WHEREAS, the Company has performed its obligation under the
Development Agreement to substantially complete the Improvements in
a manner deemed sufficient by the City to permit the execution of
this certificate pursuant to Section 3.4 of the Development
Agreement:
NOW, THEREFORE, this is to certify that the Improvements have
been completed on the Development Property in substantial
conformance with the terms of the Development Agreement.
CITY OF ROCHESTER, MINNESOTA
an
Dated: , 200
Its
1157025.1 C-1
REQUEST FOR COUNCIL ACTION
MEETING I3 3"-
DATE: 4 17 00
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
REPORTS & RECOMMENDATIONS
CITY ADMINISTRATOR
F —aoL
ITEM DESCRIPTION: TEMPORARY BOND ISSUANCE OF HOUSING REVENUE
PREPARED BY:
BONDS FOR WEATHERSTONE TOWNHOMES PROJECT
T.SPAETH
Weatherstone Townhomes, LLC, is proposing a 100 unit townhome rental housing facility with approximately
40 two bedroom townhomes and 60 three bedrom townhomes to be located along the west side of 501h Avenue
NW and 6151 Street NW. The Council had previously approved a preliminary bond issuance on December 6,
1999 and held a public hearing on February 23, 2000 to adopt a Resolution accepting the Housing Program for
this project.
At this time, the developer is requesting approval of a temporary bond issuance of multifamily housing revenue
bonds in the amount of $6,000,000. These bonds are an obligation of Weatherstone Townhomes, LLC and not
of the City of Rochester.
The housing revenue bonding is a part of the financing component of this development. The bonding allocation
of $6 million from the FHA expires in early May, and the developer needs to issue the bonds prior to that or will
lose out on that allocation. Since the tax credit and other financing aspects related to the permanent bond
issuance are not yet in place, the developer is requesting "temporary" bond issuance at this time. The permanent
bond issuance will take place later in the year.
it
COUNCIL ACTION REQUESTED:
Approval of Resolution for Temporary Housing Revenue Bond issuance of $6,000,000 to weatherstone
Townhomes, LLC.
COUNCIL ACTION: Moton by seed by: to:
REQUEST FOR COUNCIL ACTION
MEETING 136
DATE: 4/17/2000
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
)OLUTIONS AND ORDINANCES
CITY ATTORNEY'S OFFICE
G
TTEM DESCRIPTION:
PREPARED BY:
RESOLUTIONS AND ORDINANCES
TERRY ADKINS
G. 1. RESOLUTIONS
G. 2. FIRST READING OF ORDINANCES, as appropriate.
G. 3. SECOND READING OF ORDINANCES (for adoption).
An
a)� Ordinance Rezoning Certain Property From the R-1 District to the R-IX, and Amending
Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of
Rochester, Minnesota. Said Property South of Viola Road East of Century Hills Drive NE.
G.4. MISCELLANEOUS
•
4 UNCIL ACTION: Motion by: Second by: m: