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HomeMy WebLinkAbout08/07/2000_RegularCITY OF ROCHESTER COUNCIL AGENDA COUNCIL/BOARD CHAMBERS GOVERNMENT CENTER 151 4TH STREET SE MEETING NO. 15 REGULAR PAGE (1-2) A) OPEN COMMENT PERIOD B) CALL TO ORDER C) LETTERS AND PETITIONS DO-15 AUGUST 7, 2000 7:00 P.M. (3-4) D) CONSENT AGENDAIORGANIZATIONAL BUSINESS 1) Approval of Minutes (5-14) 2) Initiate Annexation by Ordinance Process for Area in Rochester Township that is 100% Surrounded (15-16) 3) Request for Funding Citizens to Stop the Coal Trains (17-24) 4) South Zumbro Watershed Surface Water Management Plan (25-26) 5) Extension of Joint Powers Agreement Between the City of Rochester and MHFA for Administration of Housing Tax Credit Program (27-28) 6) Change Order No. 1 MEC Construction, Inc. (29-30) 7) Change Order No. 3 Alvin E. Benike, Inc. (31-42) 8) Consideration of Public Utility Board Action (43-46) 9) Licenses, Bonds & Miscellaneous Activities (47-52) 10) Approval of Election Judges for Federal/State Primary Election to be Held on September 12, 2000 (53-54) 11) Approval of Accounts Payable (55-58) 12) 301 Projects (Fund)/Transfer of Unexpended Balance of Permanent Improvement Projects (59-60) 13) Closing of Tax Increment Projects/Funds 311, 314, 319 & 321 (61-62) 14) Authorize Agreement for Arbitrage and Rebate Monitoring Services (63-64) 15) LMCIT Liability Waiver Form (65-66) 16) Roadway Name Change/Estates Lane SW to Allegro Park Lane SW (67-68) 17) 2000 Committee on Urban Design and Environment Awards (69-70) 18) Continental Properties Development Agreement Amendment (71-72) 19) IBM Development Agreement Amendment (73-74) 20) Revocable Permit for Lot 1, Block 2, Circle Drive Corporate Park (75-76) 21) Owner Contract(Watermain to Serve 1808 — 3'd Avenue SE (77-78) 22) Owner Contract/Basic Construction to Serve Pinewood Hills First Subdivision (79-80) 23) Amend Owner Contract/Wedgewood Hills 3'd Sub., Phase 11 Council Agenda August 7, 2000 Page 2 (81-82) 24) Pedestrian Facility Agreement/Orchard Ridge First Subdivision (83-84) 25) Pedestrian Facility Agreement/Christ Our Rock Lutheran Church (85-86) 26) Feasibility Report/Rehab South Park Drainageway (87-92) 27) Award of Contract/Recoristruction of 9t' Avenue SW from 2"d Street SW to 4u' Street SW (93-94) 28) Award of Contract/Reconstruct 7w Street NW from 46t' Avenue NW, West Approximately 1,300 Feet (95-98) 29) Award of Contract/Concrete Curb & Gutter and Overlay Northern Hills Ct. NE from Northern Hills Dr. NE, West to Cul-de-sac (99-100) 30) Advertise for Bids/Concrete Curb & Gutter on Wh Avenue SE from 16-1/2 Street SE to 190 Street SE (101-102) 31) Request for Engineering Services/Pavement Resurfacing and Rehab. on T.H.63 (North Broadway) from 4"' St. to Northern Heights Drive (103-104) 32) Supplemental Agreement #1/23'd Avenue & 8-1/2 Street SE (105-106) 33) Supplemental Agreement #1/Bituminous Paving on 11t' Avenue SW (107-108) 34) Supplemental Agreement #2/Bituminous Paving on 11t' Avenue SW (109-110) 35) Bids Received for Parking Control Equipment (111-112) 36)} Revocable Permit for(May'yo Cic,Security Camer � 24Y"S J i��-o7 iG'Go SI'� 3 ) b tL�v . ✓ .�-�'i -e .. r E) HEARINGS (113-114) 1) Permit Parking Petition from Edison Neighborhood (115-124) 2) Business Subsidy Hearing/Development by MF Holdings and WSI, Inc. of Manufacturing Facility (125-132) 3) Final Plat to be Known as Christ Our Rock Subdivision (133-140) 4) Final Plat to be Known as Menards South Subdivision (141-146) 5) Vacation Petition by THE-G to Vacate Portions of Three Utility Easements to Facilitate Expansion of Wal-Mart North Store (147-150) 6) Project Hearing/Construct 26t' Street NW from West Circle Drive, West 500 Feet (151-152) 7) Assessment Hearing/Construct 26"' Street NW from West Circle Drive, West 500 Feet F) REPORTS AND RECOMMENDATIONS (153-154) G) RESOLUTIONS AND ORDINANCES H) TABLED ITEMS I) OTHER BUSINESS J) ADJOURNMENT REQUEST FOR COUNCIL ACTION MEETING DATE: 8MOO AGENDA SECTION: ORIGINATING DEPT: ITEM NO. OPEN COMMENT PERIOD CITY ADMINISTRATOR A I DESCRIPTION: OPEN COMMENT PERIOD PREPARED BY: S.KVENVOLD This agenda section is primarily for the purpose of allowing citizens to address the City Council on a topic of their choice. The following guidelines apply: • This section of the agenda may not be used as a forum to continue discussion on an agenda item which has already been held as a public hearing. • This agenda section is limited to 15 minutes and each speaker is limited to 4 minutes. • Any speakers not having the opportunity to be heard will be first to present at the next Council meeting. • Citizens may only use this forum to address the Council on a maximum of one time per month. • Matters currently under negotiation, litigation or related to personnel will not be discussed in this forum. • Questions posed by a speaker will generally be responded to in writing. r fj sn, /Hoer. _ � .s� t'zl,4 , 1 NCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 8/7/00 AGENDASECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY ADMINISTRATOR D-1-36 DESCRIPTION: PREPARED BY: APPROVAL OF CONSENT AGENDA ITEMS G. NEUMANN 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 -2. Initiate Annexation by Ordinance Process for Area in Rochester Township that is 100% Surrounded t-D-3. Request for Funding Citizens to Stop the Coal Trains CD 4. South Zumbro Watershed Surface Water Management Plan D-5. Extension of Joint Powers Agreement Between the City of Rochester and MHFA for Administration of Housing Tax Credit Program D-6. Change Order No. 1 NEC Construction, Inc. D-7. Change Order No. 3 Alvin E. Benike, Inc. D-8. Consideration of Public Utility Board Action D-9. Licenses, Bonds & Miscellaneous Activities D-10. Approval of Election Judges for Federal/State Primary Election to be Held on September 12, 2000 D-11. Approval of Accounts Payable D-12. 301 Projects (Fund)/Transfer of Unexpended Balance of Permanent Improvement Projects D-13. Closing of Tax Increment Projects/Funds 311, 314, 319 & 321 D-14. Authorize Agreement for Arbitrage and Rebate Monitoring Services ,,D-15. LMCIT Liability Waiver Form D-16. Roadway Name Change/Estates Lane SW to Allegro Park Lane SW D-17. 2000 Committee on Urban Design and Environment Awards -18. Continental Properties Development Agreement Amendment D-19. IBM Development Agreement Amendment D-20. Revocable Permit for Lot 1, Block 2, Circle Drive Corporate Park D-21. Owner Contract/Watermain to Serve 1808 - P Avenue SE D-22. Owner Contract/Basic Construction to Serve Pinewood Hills First Subdivision D-23. Amend Owner Contract/Wedgewood Hills and Sub., Phase H D-24. Pedestrian Facility Agrcement/Orchard Ridge First Subdivision D-25, Pedestrian Facility Agreement/Christ Our Rock Lutheran Church C VCIL ACTION: Motion by: Second by: to: Request for Council Action Approval of Consent Agenda Items August 7, 2000 Page 2 D-26. Feasibility Report/Rehab South Park Drainageway D-27. Award of Contract/Reconstruction of 9 h Avenue SW from 2" d Street SW to 4`h Street SW D-28. Award of Contract/Reconstruct 7`h Street NW from 46`h Avenue NW, West Approximately 1,300 Feet D-29. Award of Contract/Concrete Curb & Gutter and Overlay Northern Hills Ct. NE from Northern Hills Dr. NE, West to Cul-de-sac D-30. Advertise for Bids/Concrete Curb & Gutter on 10`h Avenue SE from 16-1/2 Street SE to 191h Street SE D-31. Request for Engineering Services/Pavement Resurfacing and Rehab. on T.H.63 (North Broadway) from 4`h St. to Northern Heights Drive D-32. Supplemental Agreement #1/23 a Avenue & 8-1/2 Street SE D-33. Supplemental Agreement #1Bituminous Paving on 11'h Avenue SW D-34. Supplemental Agreement #2Bituminous Paving on 11 h Avenue SW D-35. Bids Received for Parking Control Equipment D-36. Revocable Permit for Mayo Clinic Security Camera COUNCIL ACTION REQUESTED: Motion to approve consent agenda items. REQUEST FOR COUNCIL ACTION MEETING DATE: 8/7/00 AGENDASECTION: ORIGINATING DEPT: ITEM NO. CONSENT CITY ADMINISTRATOR b I DESCRIPTION: INITIATE ANNEXATION BY ORDINANCE PROCESS FOR PREPARED BY: AREA IN ROCHESTER TOWNSHIP THAT IS 100% SURROUNDED G. NEUMANN There is an area in Rochester Township that became 100% surrounded by annexations that occurred in 1998/99. State law permits cities to annex areas that are 100% surrounded by the adoption of a local ordinance. It has been City policy to annex by ordinance areas that are surrounded by the City. Annexing such areas into the City eliminates confusion that can arise over the delivery of services, including emergency service. In addition, municipal services are being provided to the area surrounding the area to be annexed. Over the last 20 years, there have been approximately 30 surrounded areas that have been annexed or are in the process of being annexed. Several of the subdivisions in this surrounded area have previously petitioned for City sanitary sewer and watermain services under the Water Quality Protection Program, including Forest Hills, Elmcroft, Southtown Heights, and Woodland. In the staff discussions with property -owners in those subdivisions, it was discussed that the City may consider permitting the property -owners to remain in the township for a few more years if an orderly annexation agreement could be reached with Rochester Township. As a result of those discussions, the City of Rochester offered in December of 1999 to enter into an orderly annexation agreement with Rochester Township that would permit this area to remain in Rochester Township until January 1 of 2004. Rochester Township is currently in the process of contacting property -owners in this surrounded area to determine if the Township should enter into an orderly annexation agreement with the City. The City previously advised Rochester Township that we needed to move forward on this matter or it would potentially delay the installation of sanitary sewer and watermain services to the four subdivisions mentioned above. The initiation of the annexation only starts the process. The Planning Commission will provide a recommendation on the matter and there will be public hearing before the Council at a later date, no earlier than September 18t6. Staff would recommend that the Council start this process by initiating the annexation of the 100% surrounded area and refer this matter to the Planning Commission. We would suggest that the proposed effective date of the annexation be December 1, 2000. The December 1, 2000 date would also allow the staff some time to provide information to the affected property -owners on the options available for the zoning of the affected areas under the City zoning ordinance. A separate hearing on the zoning of the affected area would be held at a later date. If the Council later proceeds to annex the property, it would be suggested that the properties be zoned in the H Holding Zone category until the permanent zoning can be established. COUNCIL ACTION REQUESTED: 1. A motion to initiate the annexation of the 100% surrounded area within Rochester Township as described in the legal description, to refer this matter to the Planning Commission, and to schedule a public hearing to consider the annexation for the Sept-emba=$, 2000 meeting. 2. Authorize staff to proceed to retain engineering services for the potential 2001 sanitary sewer and watermain projects in Forest Hills and Elmcroft (estimated cost of $100,000). C VCIL ACyyTION: Motion by:'t Second by: to:7�r�z lin, aiOlIMIL-I.r � f 7 Rochester Township 821 Paxton Road S.W. Rochester, MN 55902 July 10, 2000 Gary Neumann Assistant City Administrator 201 4`n Street S.E. Room 266 Rochester, MN 55904 Dear Gary: After reading your letter regarding the findings of extending City sewer and water to Merrihills, Bamberwood and the Oakledge area, the Rochester Townboard would like to comment on your conclusions and recommendations. We are extremely disappointed in your consideration to annex the above listed neighborhoods against their wishes with no added services beyond what they now have in the Township. Because the law says you can initiate annexation in a surrounded area does not mean it is good public policy to do so. With regard to orderly annexation agreements, our position remains the same, that the neighborhoods which previously signed petitions for the Water Quality Protection Program should each be negotiated on a separate basis. The reasons are twofold. First, the residents of Forest Hills, Elmcroft/Oak Hills and Southtown Heights signed their petitions with the understanding that they would receive a specific program under certain conditions with annexation within a described time frame. To change any part of their agreement after the Fact or to hold them hostage to situations in other neighborhoods is neither fair nor appropriate. Second, the Town board has not had the opportunity to meet with and canvass all of the residents of the "surrounded neighborhoods "for the direction they want to take on annexation. However, the residents who have met or been canvassed so far, do not want annexation and have asked the Townboard not to enter into any orderly annexation agreements with the City of Rochester. It would therefore be premature of the Townboard to even consider orderly annexation agreements for Lenwood, Merrihills, Bamberwood and Oakledge. In the meantime, the Townboard's position remains committed to negotiating orderly annexation agreements for the areas with previous petitions for the WQPP. Sincerely, Brenda Dicken, Chairman Rochester Townboard Cc: Jeannette Krom Gene Peters 3/13/2000 YCA #6768 MF SURVEYOR'S AFFIDAVIT I, Michael J. Fritz, a Land Surveyor licensed under the laws of the State of Minnesota, hereby certify that the attached EXHIBIT B describes the same property as shown on the attached EXHIBIT A, Rochester Township Orderly Annexation Area. Date Michael J. Fritz, ES 20703 STATE OF MINNESOTA ) ) SS COUNTY OF OLMSTED ) The foregoing instrument was acknowledged before me this ? day of% 2000, by Michael J. Fritz, LS 20703. BARBARA S. DICKHUT L J NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES 131.2005 This Instrument was prepared by: YAGGY COLBY ASSOCIATES 717 SE Third Avenue Rochester, MN 55904 PH: 507/288-6464 FAX: 507/288-5058 Notary Public, Olmsted County, MN My Commission Expires J ,S a 60 5 q 03/13/2000 YCA #6768 DR ROCHESTER TOWNSHIP ANNEXATION DESCRIPTION EXHIBIT "B" That part of the South Half of the Southwest Quarter of Section 10, the East Half of the Southwest Quarter of Section 11, the Northwest Quarter of the Northwest Quarter, and the South Half of Section 14, Section 15, the East Half of the Northeast Quarter and the Northeast Quarter of the Southeast Quarter of Section 16, the Northwest Quarter of the Northeast Quarter and the Northeast Quarter of the Northwest Quarter of Section 23, all in Township 106 North, Range 14 West, Olmsted County, Minnesota; Which also includes Bamberwod First Subdivision, Elmcroft Subdivision, Elmcroft Subdivision No. 2, Elmcroft Third Addition, Faulconers Subdivision, Forrest Hills Subdivision, Forrest Hills Second Subdivision, Forrest Hills Third Subdivision, Forrest Hills Fourth Subdivision, and Forrest Hills Fifth Subdivision, Friedrichs First Subdivision, Institute Hills Subdivision, LaMar, LaMar Re -Subdivision, Lenwood Heights, Merrihills Subdivision except Lot 1, Block 5 of said Subdivision, Merrihills Second Subdivision, Neills Replat, Paradise Acres, Schwanke's First Subdivision, Schwanke's Second Subdivision, Southtown Subdivision, Southtown Second Subdivision, Southtown Heights Subdivision, Southtown Heights Replat, Woodland Hills, and State Highway Monumentation Plats 55-MI, 55-M2, and 55-M3, according to the plats thereof on file at the County Recorder's Office, Olmsted County, Minnesota, described as follows: Beginning at the southwest comer of the Southwest Quarter of said Section 14; thence westerly 269 degrees 02 minutes 49 seconds azimuth along the south line of Bamberwood Subdivision and along the south line of the Southeast Quarter of Section 15, a distance of 2633.89 feet to the southwest comer of said Southeast Quarter; thence westerly 268 degrees 51 minutes 04 seconds azimuth along the south line of Merrihills Second Subdivision and along the south line of the Southwest Quarter of said Section 15, a distance of 847.42 feet to the west line of said Merrihills Second Subdivision; thence northerly 358 degrees 26 minutes 38 seconds azimuth along said west line 1299.81 feet to the southeast corner of Lot 9, Block 2 of said Merrihills Second Subdivision; thence westerly 272 degrees 49 minutes 38 seconds azimuth along the south line of said Lot 9, a distance of 365.35 feet to the southwest line of said Lot 9 and the southwesterly line of said Merrihills Second Subdivision; thence northwesterly 343 degrees 22 minutes 38 seconds azimuth along said southwesterly line 147.00 feet; thence northwesterly 95.64 feet along said southwesterly line on a nontangential line concave northeasterly, having a radius of 50.00 feet, a central angle of 109 degrees 36 minutes 00 seconds, and a chord azimuth of 308 degrees 10 minutes 38 seconds; thence westerly 272 degrees 58 minutes 38 seconds azimuth along said southwesterly line 212.30 feet; thence northerly 348 degrees 20 minutes 38 seconds azimuth along said southwesterly line 295.47 feet; thence northerly 10 degrees 27 minutes 38 seconds azimuth along said southwesterly line 238.22 feet; thence 315 degrees 57 minutes 38 seconds azimuth along said southwesterly line [a 305.96 feet to the southeasterly right-of-way line of Hillside Lane SW; thence southwesterly 270.22 feet along said southeasterly right-of-way line on a nontangential curve concave northwesterly, having a radius of 901.12 feet, a central angle of 17 degrees 10 minutes 53 seconds and a chord azimuth of 230 degrees 34 minutes 49 seconds; thence southwesterly 239 degrees 39 minutes 36 seconds azimuth along said southeasterly right-of-way line 127.56 feet to the southwesterly right-of-way line of Institute Road SW; thence northwesterly 331 degrees 44 minutes 36 seconds azimuth along said southwesterly right-of-way line 148.20 feet; thence westerly 268 degrees 51 minutes 36 seconds azimuth 511.90 feet to the east line of Lot 3, Block 6 of Merrihills Subdivision; thence southerly 178 degrees 30 minutes 58 seconds azimuth along said east line 160.00 feet to the south line of said Lot 3; thence westerly 269 degrees 42 minutes 58 seconds along said south line 415.53 feet to the westerly right-of-way line of Crest Lane SW; thence northerly 305.26 feet along said westerly right-of-way line on a nontangential curve concave westerly, having a radius of 477.46 feet, a central angle of 36 degrees 37 minutes 56 seconds, and a chord azimuth of 356 degrees 01 minutes 54 seconds; thence westerly 269 degrees 42 minutes 58 seconds azimuth 306.00 feet; thence northwesterly 315 degrees 42 minutes 58 seconds azimuth 417.60 feet to the south line of Bianco Estates; thence easterly 89 degrees 42 minutes 58 seconds azimuth 478.30 feet to the northwesterly right- of-way line of said Crest Lane SW; thence northeasterly 415.05 feet along said northwesterly right-of-way line on a nontangential curve concave southeasterly, having a radius of 299.49 feet, a central angle of 79 degrees 24 minutes 16 seconds, and a chord azimuth of 39 degrees 27 minutes 56 seconds; thence easterly 79 degrees 10 minutes 09 seconds azimuth along said northwesterly right-of-way line 228.00 feet to the southwesterly right-of-way line of Institute Road SW; thence northerly 11 degrees 03 minutes 20 seconds azimuth along said southwesterly right-of-way line 20.01 feet; thence northwesterly 514.20 feet along said southwesterly right-of-way line on a nontangential curve concave south, having a radius of 683.80 feet, a central angle of 43 degrees 05 minutes 05 seconds, and a chord azimuth of 290 degrees 45 minutes 20 seconds; thence westerly 268 degrees 58 minutes 27 seconds azimuth along said southwesterly right-of-way line 38.22 feet to the northwesterly corner of Lot 1, Block 5 of said Merrihills Subdivision; thence northwesterly 336 degrees 52 minutes 25 seconds azimuth along the northwesterly extension of the southwesterly line of said Lot 1, a distance of 35.62 feet to the center line of said Institute Road SW; thence westerly 268 degrees 58 minutes 27 seconds azimuth along said center line 56.71 feet; thence northwesterly 662.82 feet along said center line on a tangential curve concave northeasterly, having a radius of 716.80 feet and a central angle of 52 degrees 58 minutes 53 seconds; thence northwesterly 322 degrees 04 minutes 27 seconds azimuth along said center line 137.50 feet to the center line of County State Aid Highway No. 8 (Bamber Valley Road SW); thence northeasterly 128.59 feet along said center line on a nontangential curve concave southeasterly, having a radius of 5729.58 feet, a central angle of 01 degrees 17 minutes 09 seconds, and a chord azimuth of 44 degrees 13 minutes 52 seconds; thence northeasterly 44 degrees 52 minutes 27 seconds azimuth along said center line 1010.57 feet; thence northeasterly 816.09 feet along said center line on a tangential curve concave northwesterly, having a radius of 1217.68 feet and a central angle of 38 degrees 24 minutes 00 seconds; thence northwesterly 06 degrees 28 minutes 27 seconds azimuth along said center line 157.40 feet to the north line of the Northeast Quarter of Section 16 and the center line of County Road No. 125 (Mayowood Road SW); thence easterly 89 degrees 30 minutes 38 seconds azimuth along said north line and along said center line 143.70 feet; thence easterly 79 degrees 46 minutes 35 seconds azimuth along said center line 304.52 feet; thence easterly 79 degrees 40 minutes 30 seconds azimuth along said center line 279.49 feet; thence easterly 80 degrees 01 minutes 00 seconds azimuth along said center line 657.21 feet; thence easterly 81 degrees 41 minutes 00 seconds azimuth along said center line 348.58 feet; thence easterly 88 degrees 54 minutes 00 seconds azimuth along said center line 371.14 feet; thence easterly 95 degrees 45 minutes 00 seconds azimuth along said center line 459.35 feet to the center line of Woodcrest Lane SW; thence easterly 110 degrees 17 minutes 00 seconds azimuth along said center line 299.07 feet; thence easterly 109 degrees 44 minutes 49 seconds azimuth along said center line 375.35 feet to the northwest corner of Pine Ridge Estates First Subdivision, the center line of 18`s Avenue SW (County Road No. 147), and Point "A"; thence southerly 558.26 feet along said center line on a tangential curve concave westerly, having a radius of 3819.72 feet and a central angle of 08 degrees 22 minutes 26 seconds; thence southerly 19 degrees 55 minutes 12 seconds azimuth along said center line 408.20 feet; thence southerly 519.03 feet along said center line on a tangential curve concave easterly; having a radius of 1909.86 feet and a central angle of 15 degrees 34 minutes 15 seconds to the west line of the Northeast Quarter of Section 15; thence southerly 358 degrees 12 minutes 10 seconds azimuth along said west line 131.57 feet to the south line of Pine Ridge Estates Second Subdivision; thence easterly 88 degrees 51 minutes 02 seconds azimuth along said south line and along the south line of Lot 1, Block 2 of Pine Ridge Estates Fourth Subdivision 382.92 feet to the northwest corner of Lot 2 of said Block 2; thence southerly 178 degrees 51 minutes 03 seconds azimuth along the west line of said Block 2, a distance of 700.00 feet to the southwest corner of said Block 2; thence easterly 88 degrees 51 minutes 03 seconds azimuth along the south line of said Block 2 and the south line of the Northeast Quarter of said Section 15, a distance of 1297.31 feet to the east line of the west 350.00 feet of the East Half of said Northeast Quarter; thence northerly 178 degrees 07 minutes 17 seconds azimuth along said east line to the north line of the south 996.00 feet of said East Half; thence westerly 268 degrees 51 minutes 01 seconds azimuth along said north line 350.03 feet to the west line of said East Half, thence northerly 358 degrees 07 minutes 17 seconds azimuth along said west line 1606.29 feet to the center line of Woodcrest Lane SW; thence westerly 266 degrees 37 minutes 40 seconds azimuth along said center line 735.37 feet; thence westerly 62.30 feet along said center line on a tangential curve concave northerly, having a radius of 287.94 feet and a central angle of 12 degrees 23 minutes 46 seconds to said Point "A'; thence northerly 316.15 feet along the center line of said 18a' Avenue SW on a nontangential curve concave westerly, having a radius of 409.24 feet, a central angle of 44 degrees 15 minutes 48 seconds, and a chord azimuth of 349 degrees 25 minutes 40 seconds; thence northwesterly 327 degrees 17 minutes 46 seconds azimuth along said center line 47.62 feet to center line of said County Road No. 125; thence northwesterly 57 degrees 53 minutes 38 seconds azimuth along said center line 1009.66 feet to the east line of the Southwest Quarter of the Southeast Quarter of said Section 10; thence southerly 178 degrees 25 minutes 05 seconds azimuth along said east line (011'0� 820.04 feet to the north line of the Northeast Quarter of the Northeast Quarter of said Section 15; thence easterly 88 degrees 20 minutes 53 seconds azimuth along said north line 1318.31 feet to the southeast corner of said Section 10 and the southwest comer of Faulconers Subdivision; thence northerly 358 degrees 24 minutes 51 seconds azimuth along the west line of said Faulconers Subdivision and the west line of said Section 11 to the center line of said County Road No. 125; thence easterly along said center line to the northwest corner of the Minnesota Bible College Addition; thence southeasterly 335 degrees 27 minutes 08 seconds azimuth along the westerly line of said Minnesota Bible College Addition 250.85 feet; thence southerly 344 degrees 35 minutes 08 seconds azimuth along said west line 110.06 feet; thence southerly 359 degrees 10 minutes 08 seconds azimuth along said west line 67.00 feet; thence southerly 02 degrees 06 minutes 08 seconds azimuth along said west line 120.05 feet; thence southerly 12 degrees 56 minutes 08 seconds azimuth along said west line 160.03 feet; thence easterly 88 degrees 19 minutes 08 seconds azimuth along said west line 224.67 feet; thence southerly 178 degrees 29 minutes 08 seconds azimuth along said west line 1134.04 feet to the southwest comer of Minnesota Bible College Addition and the north line of the Northwest Quarter of the Northwest Quarter of said Section 14; thence easterly 89 degrees 22 minutes 08 seconds azimuth along said north line 821.30 feet to the northeast corner of Schulz First Subdivision and the east line of said Northwest Quarter of the Northwest Quarter; thence southerly 178 degrees 12 minutes 53 seconds azimuth along said east line and along the east lines of Forrest Hills Subdivision and Schulz First Subdivision 1317.46 feet to the south line of said Northwest Quarter of the Northwest Quarter and the north line of Meadow Hills Sixth Subdivision; thence westerly 269 degrees 23 minutes 38 seconds azimuth along said south line, said north line, and along the north line of Meadow Hills Fifth Subdivision 1307.47 feet to the west line of said Meadow Hills Fifth Subdivision and the west line of the Southwest Quarter of the Northwest Quarter of said Section 14; thence southerly 178 degrees 02 minutes 24 seconds azimuth along said west lines 468.03 feet to the easterly right-of-way line of Trunk Highway No. 52; thence southerly 161 degrees 25 minutes 29 seconds azimuth along said easterly right-of-way line 294.01 feet; thence continue southerly 622.02 feet along said easterly right-of-way line on a tangential curve concave easterly, having a radius of 3174.04 feet and a central angle of 11 degrees 13 minutes 42 seconds to the southwest corner of said Meadow Hills Fourth Subdivision and the north line of the Northwest Quarter of the Southwest Quarter of said Section 14; thence easterly 89 degrees 25 minutes 19 seconds azimuth along said north line and the south line of said Meadow Hills Fourth Subdivision and the south line of Meadow Hills Third Subdivision 618.33 feet to the west line of the east 366.00 feet of said Northwest Quarter of the Southwest Quarter; thence southerly 178 degrees 26 minutes 51 seconds azimuth 173.02 feet; thence easterly 89 degrees 25 minutes 19 seconds azimuth 150.02 feet; thence northerly 358 degrees 26 minutes 51 seconds 172.02 feet to the north line of said Northwest Quarter of the Southwest Quarter; thence easterly 89 degrees 25 minutes 19 seconds azimuth along said north line 604.65 feet to the northerly extension of the west line of Meadow Hills South Subdivision; thence southerly 175 degrees 13 minutes 47 seconds azimuth along said northerly extension of said west line 722.58 feet to the south line of said Meadow Hills South Subdivision; thence easterly 89 degrees 14 minutes 52 seconds azimuth along said south line 644.26 13 feet to the west right-of-way line of Oakridge Drive SW; thence northerly 358 degrees 25 minutes 03 seconds azimuth along said west right-of-way line 491.84 feet to the westerly extension of the north line of Lot 2 of Elmcroft Subdivision; thence easterly 88 degrees 25 minutes 00 seconds azimuth along said westerly extension of said north line 231.00 feet to the east line of Elmcroft Subdivision and the east line of the Northeast Quarter of the Southwest Quarter of said Section 14; thence southerly 178 degrees 25 minutes 00 seconds azimuth along said east lines 1089.50 to the northwest comer of Paradise Acres Subdivision and the northwest comer of the Southwest Quarter of the Southeast Quarter of said Section 14; thence easterly 89 degrees 29 minutes 03 seconds azimuth along the north line of said Paradise Acres Subdivision and its easterly extension thereof 1860.51 feet to the northwest corner of the 12 Seas Subdivision and the easterly right-of-way line of Trunk Highway No. 63; thence southerly 164 degrees 05 minutes 40 seconds azimuth along said easterly right-of-way line 109.14 feet; thence southerly 202.01 feet along said easterly right-of-way line on a nontangential curve concave westerly, having a radius of 23,148.31 feet, a central angle of 00 degrees 30 minutes 00 seconds, and a chord azimuth of 180 degrees 25 minutes 44 seconds; thence southerly 191 degrees 01 minutes 22 seconds azimuth along said easterly right-of-way line 409.43 feet; thence westerly 271 degrees 40 minutes 44 seconds azimuth along said easterly right-of-way line 40.00 feet; thence southerly 110.58 feet along said easterly right-of-way line on a nontangential curve concave westerly, having a radius of 23,038.31 feet, a central angle of 00 degrees 16 minutes 30 seconds, and a chord azimuth of 181 degrees 48 minutes 59 seconds; thence easterly 91 degrees 57 minutes 14 seconds azimuth along said easterly right-of-way line 40.00 feet; thence southerly 87.91 feet along said easterly right-of-way line on a nontangential curve concave westerly, having a radius of 23,078.31 feet, a central angle of 00 degrees 13 minutes 06 seconds, and a chord azimuth of 182 degrees 03 minutes 52 seconds; thence southerly 182 degrees 10 minutes 20 seconds azimuth along said easterly right-of-way line 34.01 feet; thence westerly 268 degrees 33 minutes 24 seconds azimuth 378.00 feet to the westerly right-of-way line of Trunk Highway No. 63; thence northerly 03 degrees 22 minutes 41 seconds azimuth along said westerly right-of-way line 89.08 feet to the center line of Oakridge Drive SW; thence westerly 269 degrees 33 minutes 01 seconds azimuth along said center line 510.99 feet to the northerly extension of the east line of Lots 6 and 7 of Friedrich's First Subdivision; thence southerly 178 degrees 31 minutes 01 seconds azimuth along said northerly extension of said east line 300.75 feet to the south line of said Lot 7; thence westerly 269 degrees 33 minutes 01 seconds azimuth along said south line and the south line of Lot 8 of said Friedrich's First Subdivision 251.96 feet to the east line of Schwanke's First Subdivision; thence southerly 178 degrees 31 minutes 01 seconds azimuth along said east line 75.01 feet to the south line of said Schwanke's First Subdivision and the south line of the Southeast Quarter of said Section 14; thence westerly 269 degrees 33 minutes 01 seconds azimuth along said south lines 331.25 feet; thence southeasterly 115 degrees 01 minutes 59 seconds azimuth 511.34 feet to a line 220.00 feet south of the south line of said Southeast Quarter; thence easterly 89 degrees 33 minutes 01 seconds azimuth along a line 220 feet south and parallel with said south line 318.70 feet; thence northerly 358 degrees 55 minutes 09 seconds azimuth 50.02 feet; thence easterly 87 degrees 51 minutes 34 seconds azimuth 170.07 feet; thence northeasterly 63 degrees 16 minutes 34 seconds azimuth 56.88 to the east line of the West Half of the Northeast Quarter of said Section 23; thence southerly 178 degrees 52 minutes 53 seconds azimuth along said east line 2495.80 feet to the south line of said West Half, thence westerly 269 degrees 43 minutes 24 seconds azimuth along said south line 189.06 feet to the westerly right-of-way line of Trunk Highway No. 63; thence northerly 01 degrees 49 minutes 22 seconds azimuth along said westerly right-of-way line 74.40 feet; thence northwesterly 24 degrees 50 minutes 08 seconds azimuth along said westerly right-of-way line 206.95 feet; thence northerly 02 degrees 09 minutes 23 seconds azimuth along said westerly right-of- way line 625.00 feet; thence easterly 92 degrees 09 minutes 35 seconds azimuth along said westerly right-of-way line 18.17 feet; thence northerly 358 degrees 25 minutes 32 seconds azimuth along said westerly right-of-way line 432.44 feet to the south line of Southtown Subdivision and the south line of the Northwest Quarter of the Northeast Quarter of said Section 23; thence westerly 269 degrees 36 minutes 57 seconds azimuth along said south lines 1265.68 feet to the southeast comer of the Northeast Quarter of the Northwest Quarter of said Section 23; thence westerly 269 degrees 28 minutes 22 seconds azimuth along the south line of Southtown Second Subdivision, the south line of Southtown Heights Replat, and the south line of said Northeast Quarter of the Northwest Quarter 1299.84 feet to the southwest corner of said Southtown Heights Replat; thence northerly 358 degrees 34 minutes 39 seconds azimuth along the west line of said Southtown Heights Replat, the west line of Southtown Heights Subdivision, and the west line of said Northeast Quarter of the Northwest Quarter 1310.56 feet to the northwest comer of said Southtown Heights Subdivision and the south line of the Southwest Quarter of said Section 14; thence westerly 269 degrees 13 minutes 40 seconds azimuth along said south line 1310.34 feet to the point of beginning, together with public right-of-ways adjacent to described property. Said tract contains 880.45 acres more or less. ALSO, that part of the East Half of the Southeast Quarter of Section 10, Township 106 North, Range 14 West, Olmsted County, Minnesota, lying south of the center line of Mayowood Road SW (County Road No. 25), except the parcel described as follows: Commencing at the southeast corner of said Section 10; thence northerly on an assumed azimuth 00 degrees 00 minutes 00 seconds azimuth along the east line of said Section 10, a distance of 910.00 feet; thence westerly 270 degrees 00 minutes 00 seconds azimuth 330.00 feet to the point of beginning; thence southerly 77 degrees 29 minutes 00 seconds azimuth 306.40 feet; thence northerly 03 degrees 28 minutes 00 seconds azimuth 201.00 feet; thence northwesterly 37 degrees 40 minutes 00 seconds azimuth 70.10 feet; thence northeasterly 30 degrees 56 minutes 00 seconds azimuth 2.95 feet; thence northwesterly 34 degrees 17 minutes 00 seconds azimuth 174.96 feet to the center line of County Road No. 125; thence northeasterly along said center line 227.62 feet; thence southeasterly 27 degrees 46 minutes 00 seconds azimuth 542.70 feet to the point of beginning. Said tract contains approximately 37.25 acres more or less. REQUEST FOR COUNCIL ACTION MEETING f S- DATE: 8n/00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY ADMINISTRATOR D . 3 DESCRIPTION: REQUEST FOR FUNDING CITIZENS TO STOP THE COAL PREPARED BY: TRAINS G. NEUMANN A new organization has recently been formed by various citizens and business persons in the community to assist the community in responding to the issuance of the Draft Environmental Impact Statement by the STB. The specific description of this group is as follows: "Citizens to Stop the Coal Trains is a new organization of community leaders dedicated to ensuring that safety and quality of life in the Rochester area is protected from the proposed coal trains. The issue of the coal trains will soon be decided by federal authorities, and our organization is marshalling resources to launch a campaign during the upcoming public comment period that will follow the Draft Environmental Impact Statement. Citizens to Stop the Coal Trains represents people from all facets of our community who are concerned about the unsafe and unhealthy impact increased rail traffic would bring. The group is co-chaired by John Wade and A.M. (Sandy) Keith." This organization is requesting $25,000 in funding from the City to pay some of the costs that they will incur. Additional funding is being requested from other sources. City and community involvement in the Surface Transportation Board Draft Environmental Impact Statement process has been an objective of the City government. It would appear that providing the requested funding to this organization would be consistent with that objective. COUNCIL ACTION REQUESTED: Approval to provide $25,000 to the Citizens to Stop the Coal Trains organization. 1' C ICIL ACTION: Motion by: Second by: to: l REQUEST FOR COUNCIL ACTION MEETING t DATE: 8/7/00 AGENDASECTION: ORIGINATING DEPT: ITEM NO. CONSENT CITY ADMINISTRATOR D _, t I DESCRIPTION: SOUTH ZUMBRO WATERSHED SURFACE WATER PREPARED BY: MANAGEMENT PLAN G.NEUMANN The Olmsted County Water Coordinator recently advised the City staff and the County Board that there is an opportunity to secure $40,000 in matching grant funding to develop a surface water management plan for the South Zumbro Watershed. The proposed plan would be modeled after and an extension of the Water Management Plan that the City of Rochester prepared. It will cover the remainder of the South Zumbro Watershed outside of the City of Rochester. The development of the plan will be useful to Olmsted County in meeting the new federal regulations issued by the EPA known as the "Total Maximum Daily Limit" (TMDL) requirements. These regulations impose significant new requirements on local governments relating to storm water management. The County has recently agreed to provide $20,000 in matching funds for the grant. The County has requested that the City provide an equal $20,000. The total project is estimated to cost $80,000. The rationale for City participation in the study is that the South Zumbro Watershed storm water flow is into the City of Rochester. Water quantity and water quality issues outside the City will affect the community. The staff is recommending that the City agree to participate in the study by providing $20,000 in matching funds. The staff has advised the County staff, however, that this participation should not assume any future funding by the City for construction of storm water facilities outside of the City limits. The City's new obligations under the TMDL will be potentially significant in terms of new costs for the City. Until that process is better determined, the City could not assess whether there would be sufficient funding or sufficient justification for City involvement in storm water facilities that are not located within the City limits. The main objectives that the County staff listed for the study were as follows: 1. Reduce peak flow capacities at new bridges and culverts, and extend the life of existing structures. 2. Assist the County in meeting the proposed federal and sfate Phase II Stormwater Rules. 3. Meet 100-year storm event designs for flood control and sediment reduction. 4. Assure downstream recreational waters such as Cascade and Chester Woods Lakes and Willow Creek Reservoir (WR-4) meet health standards for body -contact recreation. 5. Identify wetland restoration and enhancement areas. 6. Assure that the seven flood control reservoirs meet their designed life expectancies within the originally planned maintenance schedules. C XIL ACTION: Motion by: Second by: to: I Request for Council Action South Zumbro Watershed Surface Water Management Plan August 7, 2000 Page 2 The County staff has suggested that the South Zumbro Watershed Joint Powers Board would be a logical group to oversee the study. This office does not have any objections to that recommendation. COUNCIL ACTION REQUESTED: Approval to provide $20,000 from 301-2137 Develop Comprehensive Stormwater Management Plan Account to match Olmsted County funding for the South Zumbro Watershed Surface Water Management Plan. REQUEST FOR COUNTY BOARD ACTION AGENDA DATE: Julv 25. 2000 ITEM NO: PREPARED BY: Terry Lee, Water Coordinator and Mike Cousino, Public Works Director X DISCUSSION & DECISION ITEM INFORMATION ITEM: South Zumbro Watershed Integrated Surface Water Management Plan Background The Minnesota Board of Soil and Water Resources (BWSR) has awarded Olmsted County $40,000 in matching grant funding to develop a surface water management plan for the South Zumbro watershed. Staff request that $20,000 of the County's 2000 contingency fund be authorized for the required match. A similar request for $20,000 in matching funds has been made to the South Zumbro Joint Powers Board. The proposed plan will be modeled after the Rochester Surface Water Management Plan and will cover the remainder of the South Zumbro watershed — the area that lies outside of the Rochester Urban Service Area. As proposed, the objectives of the Plan will be to: 1. Reduce peak flow capacities at new bridges and culverts, and extend the life of existing structures. 2. Assist the County in meeting the proposed federal and state Phase II Stormwater Rules. 3. Meet 100-year storm event designs for flood control and sediment reduction. 4. Assure downstream recreational waters such as Cascade and Chester Woods Lakes and Willow Creek Reservoir (W R-4) meet health standards for body -contact recreation. 5. Identify wetland restoration and enhancement areas. 6. Assure that the seven flood control reservoirs meet their designed life expectancies within the originally planned maintenance schedules. If the project is approved and fully funded, a consulting firm will be hired to develop the plan. As proposed, the planning process will be overseen by the South Zumbro Joint Powers Board which consists of three County Board members, three Rochester City Council members and one Olmsted Soil and Water Conservation District member. If Dodge County elects to participate in the planning process, than a liaison from the county would be added to the Joint Powers Board. A technical advisory committee that would be comprised of the staff from participating departments and agencies would assist the Board. The project would begin in August 2000 and be completed in June 2001. ACTION REQUESTED Approval of the BSWR grant for the South Zumbro Watershed Surface Water Management Plan and authorization to expend $20,000 from the 2000 County contingency fund. CHALLENGE GRANT APPLICATION I. REFERENCE INFORMATION Applicant: Title of the proposed project: Project manager and title: Fiscal agent: Mailing address: Telephone and fax number. Email and/or web address: Total amount requested: Olmsted County South Zumbro Water Resources Management and Capital Improvement Plan Ted Lee Water Resources Coordinator Olmsted County 2116 Campus Drive SE, Rochester, MN 55904 (507) 285-8339, fax (507) 280-4799 lea terry(cDco.olmsted.mn.us $ 40,000 Will you accept less than the amount requested? Yes/No 11. PROJECT PURPOSE A'Water Resources Management and Capital Improvement Plan' will be developed for the South Zumbro Watershed to promote integration of multi -agency surface water management objectives with the planning, design, and construction of highway and bridge improvements. III. PROJECT SUMMARY The project is supported in the Olmsted County CLWP (1)as a specific action Rem, (2)as a priority watershed area, (3)as benefiting five priority lakes and reservoirs, and (4)laying the groundwork for implementing the priority resource management strategies. The information and plan will be utilized in setting surface water management project priorities for the participating counties, SWCDs, and townships. • Action Item: The 1998-2002 Olmsted County. CLWP identifies the project as a high priority action item (page 35): 'Support the development of a surface water runoff management plan for the South Zumbro watershed area within Olmsted County to ide" priority areas for implementing water and soil conservation practices'. • Priority Water Management Area: The South Zumbro watershed is identified as a high priority surface water management area (page 7). ' Within high priority watersheds ... special pollution prevention and landscape management measures will be taken (page8). • _-Priorliv Water Bodies: Five of the six high priority lakes and reservoirs inthecounty-are.in the -South Zumbro watershed. These include Silver Lake, Cascade Lake, Chester Woods lake, Zumbro Lake, and Willow Creek"Reservdr (page 9). • Priority Resource Management Strategies: The proposed project implements both of the priority Resource Management Strategies (page 10). " Pollution Prevention Strategy: To reduce the rate of nutrient losses and pollutant loadings into surface and ground water to no more than the natural system's ability to attenuate them (page 11). . Landscape Management Strateav: To preserve, restore, and enhance natural systems that provide water retention, nutrient cycling, pollutant degradation, bidogical diversity, and recreation (page 12). B. Desired Outcomefs): The Water Resources Management and Capital Improvement Plan will cover the 297 square mile South Zumbro watershed area that lies within Dodge and Olmsted Counties but outside of the Rochester 50-Year Urban Service Area (a similar plan has already been developed for the 81 square mile Urban Service Area). The primary strategy for both plans will be to protect and enhance natural stream corridors, drainages, and other hydrologic features. Implementation strategies will include (1) protecting and restoring sensitive areas such as wetlands, floodplains, focused groundwater recharge areas, steep slopes, wildlife habitats and natural communities; (2) provide peak flow reduction facilities to reduce bridge crossing capacities and minimize stream bank erosion, (3) establishing a buffer network in drainages; and (4) treating the quality of runoff in constructed basins and wetlands. In most of the South Zumbro watershed, road ditches now function as the 'headwaters" of the tributary streams — intersecting and redirecting upland drainages. The natural drainage system is dissected and constrained by culverts and bridges. These are also the points at which roadways are at greatest risk to flooding and where road safety is most compromised. The alteration of the natural hydrology by roadways is now so extensive that the distinction between transportation and water management has already become blurred. Implementing an integrated water and transportation plan will reduce runoff flow volumes and velocities, improve water quality, stabilize drainage and stream systems, reduce sediment and flooding damage in downstream areas, enhance wildlife habitat lower transportation construction and maintenance costs, and improve road safety. Figure 1. South Zumbro Watershed Area Showing the Major Surface Water Divides, South Zumbro Ewer and tts Tributaries, South and West Divides of the Rochester-Zumbro Aqul- Shed, and City of Rochester. Dodge County C. Actions: A project management team will be developed to guide the final project design, select a consultant, oversee project implementation, and assess project success. The team will include the following, or a designated representative of each: • South Zumbro Watershed Partnership Coordinator Dodge and Olmsted County Water Plan Cooniinators • Dodge and Olmsted County Soil and Water Conservation Districts Dodge and Olmsted County Natural Resource Conservation Service Dodge and Olmsted County Public Works • Rochester Public Works • Rochester-0Imsted Council of Governments Dodge and Olmsted County Township Representatives Minnesota Department of Natural Resources Waters Division Minnesota Board of Water and Sal Resources • Minnesota Department of Transportation Proiect Management: Plan and facilitate project management team meetings, involve communities located in the watershed and consider local priorities, coordinate project activities, develop a detailed -work plan and budget, oversee grant administration activities including local match, maintain project timelines, and prepare project activity and financial reports. Project Administration: (covered above) lnventory • Inventory all culverts and bridges in the 297 square mile project area. Information collected will include location (via GPS), type, size, condition, up and down stream ditch characteristics (including scouring). Budget numbers. are based on the estimate that then: are approximately 6 culverts and/or bridges per square mile in the project area. This translates to about 2,000 culverts and bridges. Education and Information: Conduct a hydrologic assessment of the catchment area for each bridge and culvert in the project area. information that wiii be considered in the Geographic Information System -based assessment includes characteristics of the soils, up and downstream slopes, land cover and land use, landscape setting, and property ownership. Planninn and Environmental Controls: • Using available data (.e. NWI, county infrared photos, and soil survey) select highest priority sites to conduct field inventories to assess the potential for developing ponds, wetlands, and native plantings. Sites well be prioritized based on their current inclusion in the Counties' current Capital Improvement Programs (CIPs), sufficiency rating of the culvert or bridge, engineering properties of the sorts, water flow volumes, potential benefits of mitigating upstream land use, and current land management. Property owners will be surveyed to assess their interest in project participation. • A Capital improvement Plan will be developed for the highest priority sites (minimum of five sites). A summary of proposed improvements will be included in the report and provided to the Public Works Department for consideration in developing project workplans. • The information from the inventory and assessment will be developed as a special section_of-the -rural- ransporiation plan that will be developed by the Rochester - Olmsted Council of Governments (ROCOG). Monitoring: (none) Land and Water Treatment: (none) D. Evaluation and Dissemination: Evaluation: The success of the project in achieving its desired outcomes will be assessed by the completion of the deliverable products — inventories, assessment, prioritization, preliminary design plans, and a Capital improvement Plan. f 3 Dissemination: Dissemination will occur through the distribution of the deliverable products noted above as well as maps and summaries. Regular progress reports will be prepared for the Dodge and Olmsted County Boards, Dodge and Olmsted County Soil and Water Conservation District Boards, Rochester -Olmsted Council of Governments, and the Rochester City Council. Reports and other information will be made available to any parties requesting copies — including other counties and municipalities. Information gathered and developed will be provided as a database and Geographic Information System coverage (Arclnfo), and will be posted on the Olmsted County Web Site. W. BUDGET CLWP Implementation Category CHALLENGE Grant Amount MATCH In -kind Cash Cash Source Project Management $2,000 Project Administration $1,000 Inventory $8,000 Olmsted and Dodge Counties & SWCDs Education & Information $5,500 $4,000 $1,500 Olmsted and Dodge Counties & SWCDs Planning & Environmental Controls $26,500 $8,500 $23,000 Olmsted and Dodge Counties & SWCDs Land & Water Treatment Monitoring Total $40,000 $15,500 $24,500 * It is expected that project costs will be divided between the two counties based on the percent of work completed in each county (approximately 80% Olmsted and 200/6 Dodge). V. PARTNERSHIPS Local cash and in -kind support for the project will come from Dodge and Olmsted Counties, Dodge and Olmsted Soil and Water Conservation Districts, and the Rochester -Olmsted Council of Governments (membership includes Olmsted County, City of Rochester, eighteen townships, six municipalities, and the Rochester School District). VI. REPORTING A. Funding Hlstnrr: This project has not yet received any funding. The Rochester Surface Water Management Plan and its subsidiary Wetlands Management Plan were funded by the City of Rochester and through a Minnesota Board of Water and Soil Resources Grant. B. Predomlinant CLWP Category: Planning & Environmental Controls C. Target Water Resource: The primary target water resource will be the individual drainages that flow from the priority culverts and bridges that are selected for developing a preliminary design. Because this work will occur in the headwaters area of the watershed, the entire South Zumbro River and its tributaries will ultimately benefit These tributaries and their impoundments include: Cascade Creek, Salem Creek, Badger Run, Bear Creek, Kings Run, Hadley Valley Creek, Silver Creek, Willow Creek, seven flood control reservoirs, Mayo Lake, Lake Zumbro, Cascade Lake, and Silver Lake.. 4 A 5t:G I ION: Consent Agenda REQUEST FOR COUNCIL ACTION ORIGINATING DEPT: City Administrator MEETING al�;- DATE: 8/7/00 ITEM NO. L7 —s— ESCRIPTION Extension of Joint Powers Agreement between the City of Rochester PREPARED BY: and MHFA for the administration of the Housing Tax Credit Program T. Spaeth There is presently a Joint Powers Agreement between the City of Rochester and the Minnesota Housing Finance Agency (MHFA) for the year 2000 Tax Credit program wherein the MHFA reviews and scores applications for housing tax credits based upon the City's Qualified Allocation Plan, and handles the compliance monitoring of those projects that are approved by the City. MHFA in return, will collect the application and scoring fees from the applicants to cover their expenses. The reason for this agreement is to provide a greater efficiency by having the applicants work directly with MHFA staff, rather than through the sub-allocators (such as City of Rochester) for application for tax credits and the day to day program administration. This arrangement has worked out well for the 2000 tax credits, and staff is seeking Council approval to extend the terms of the Joint Powers Agreement for the 2001 tax credits, with the same terms as the present agreement. COUNCIL ACTION REQUESTED: Adopt Resolution to approve an amendment extending the term of MHFA Housing Tax Credit Administration Joint Powers Agreement for 2001 and directing Mayor and City Clerk to execute amendment on behalf of the City of Rochester. NCILACTION: Motion by: second REQUEST FOR COUNCIL ACTION O? 7 MEETING DATE: 8/7/00 JENDA SECTION: ORIGINATING DEPT: ITEM N0, CONSENT AGENDA Rochester Airport D-% ITEM DESCRIPTION: PREPARED BY: Change Order No. I MEC Construction, Inc. Steven W. Legve The Rochester Airport Commission recommends and requests Council authorization to: Accept Change Order Request No. 1 for various smaller items that needed to be added to or subtracted from the Terminal Building ceiling project. (76959) A copy of the change order is attached. The original contract sum $75,818.00 The new contract sum $71,455.50 COUNCIL ACTION REQUESTED: Resolution authorizing the Mayor and City Clerk to execute the documents. UNCIL ACTION: Motion by: Second by: to: 0 'N6 July 11, 2000 Holabird and Root, LLP 400 South Broadway Rochester, MN 55904 Attn: Mike Clark MEC CONSTRUCTION, INC. 4410 NINETEENTH STREET NW ROCHESTER, MINNESOTA 55901 TELEPHONE 507/289-3221 FAX 507/282-1129 — D 'IUL 1.2 Pic HOLAb,nU RE: Rochester International Airport REQUEST FOR CHANGE ORDER Mike, We are awaiting approval on the following change order request and deducts offered on the above referenced project so that we may make our final request for payment. 1. Electrical changes date 5-9-00 ADD 1,237.50 2. Deduct for not installing 1 '/2 " galy. Iron DEDUCT (1,600.00) 3. Deduct for inconsistent texturing DEDUCT (4,000,00) Please review and let us know the status of a change order. Mich_ael E. Coats SM Construction, Inc. MEC/dlc/ REQUEST FOR COUNCIL ACTION O?q MEETING DATE: 8/7/00 , GENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Rochester Airport ITEM DESCRIPTION: PREPARED BY: Change Order No. 3 Alvin E. Benike, Inc. Steven W. Legve The Rochester Airport Commission recommends and requests Council authorization to: Accept Change Order Request No. 3 for various smaller items that needed to be added to the Terminal Building project. A copy of the change order is attached. Total amount recommended for change order no. 3 is $3,290.00 (J6942) COUNCIL ACTION REQUESTED: Resolution authorizing the Mayor and City Clerk to execute the documents. COUNCIL ACTION: Motion by: Second by: to: ATTACHMENT to CHANGE ORDER #3 1. Accept Proposal Request #8, Item #1, to revise finish of stainless steel. Add to the contract amount $0.00 2. Accept Proposal Request #9, Item #1, to provide lettering for tenant spaces. Add to the contract amount 51,862.00 3. Accept Proposal Request #10, Item #1, to revise HVAC distribution East Holding Area. Deduct from the contract amount $3,912.00 4. Accept Proposal Request #10, Item #2, to deduct material and labor for construction barrier in East Holding Area. Add to the contract amount $0.00 5. Accept Proposal Request #10, Item #3, to provide a new counter in the Vending Area. Add to the contract amount $863.00 6. Accept Proposal Request #11, Item 91, to provide light fixture support above existing restroom walls. Add to the contract amount 5336.00 7. Accept Proposal Request #AEB9, Item 41, to provide construction barrier and cooling in West Holding Area. Add to the contract amount $4,926.00 S. Accept Proposal Request #12, Item #1 to provide 18" stainless steel (SS) kickers in lieu of SS tubes around elevator. Deduct from the contract amount $1,347.00 9. Accept Proposal Request #12, Item #4 to provide one (1) type "H" luminaire, switch and receptacle in room #117. Add to the contract amount $166.00 10. Accept Proposal Request #12, Item #7 to provide lettering for the Transportation Booth. Add to the contract amount $396.00 11. Accept Proposal Request #AEB10, Item #1, to provide increased head room at glazing walls. Add to the contract amount $696.00 Total Addition to Contract Amount: $3,986.00 Michael J. Clark, Project Manager Holabird & Root, LLP Meeting REQUEST FOR COUNCIL ACTION Date 8/7/00 " ;ENDA SECTION ORIGINATING DEPT: ITEM NO. CONSENT AGENDA ROCHESTER PUBLIC UTILITIES D 8 ITEM DESCRIPTION: PREPARED BY: Consideration of Public Utility Board Action Kathy Wilson The Rochester Public Utility Board has approved the following on July 25, 2000 and requests the Common Council's favorable consideration: to approve a resolution to approve a contract agreement with Burns & McDonnell for professional engineering services for the completion of the 161kV conversion of the Cascade Creek substation. The amount of the contract agreement to be $350,000.00. to approve a resolution to approve Change Order No. 1 to the Cascade Creek Combustion Turbine agreement between Rochester Public Utilities and Turbo Power & Marine Systems, Inc. (d/b/a Pratt & Whitney Power Systems, Inc.) for additions totaling $91,650.00, bringing the equipment purchase price to $15,941,650.00. These additional dollars will come from monies set aside in the overall project dollars previously approved by the Board and Council, and will not increase the overall project costs. to approve a resolution to authorize the Mayor and the General Manager to execute and deliver the Minnesota Municipal Utilities Association's Mutual Aid Agreement and other such documents and agreements as may be necessary to qualify for Federal Emergency Management Agency (FEMA) reimbursement of mutual aid costs as specified in the resolution. GENERAL MANAGER: -JUNCIL ACTION: Motion by: Second by: to: FOR BOARD ACTION Agenda Item# 3 Meeting Date: 7/25/00 Contract for Engineering Services SUBJECT: 161kV Conversion at Cascade Creek PREPARED BY: Greg Woodworth 64 GA"% Engineering Manager ITEM DESCRIPTION: In an August 18, 1988 study presented to and approved by the RPU Board, the existing 115kV transmission system was to be converted to 161kV operation between 1989 and 2002. The original study called for expenditure of 2.33 million dollars between 2000 and 2002 for the final conversion of the Cascade Creek substation as well as the terminal equipment at two adjacent substations. The 2000 budget shows expenditure of 1.5 million dollars in the similar time period. The conversion project has generally been completed for lower capital costs than were forecast in the 1988 study. The installation of the second combustion turbine requires extensive modification of the 161kV substation at Cascade Creek in order to connect the new combustion turbine generator to the transmission system. The final conversion of the remaining 115kV system must be completed along with the turbine installation in order to avoid additional construction expenditures. Extensive engineering services are required to complete this project in the time frame required. Since Burns and McDonnell is providing engineering services on the new combustion turbine and has performed T&D project conversion design since the inception of the 16lkV conversion project they are the logical choice to provide these engineering services. The proposed engineering services contract would provide services on a time and material basis. The 347,300 estimate is based on a detailed and agreed -to scope of services. The project proposal, proposed contract for engineering services, a description of the services and the billing rates are attached. The agreement has been reviewed by the City Attorney's office. UTILITY BOARD ACTION REQUESTED: It is recommended that the Board request the Common Council to approve a contract agreement with Burns and McDonnell for $350,000 to provide professional engineering services per the attached proposal for the completion of the 161kV conversion of Cascade Creek Substation. , t ,��Li _ 7�0 �R&C Gen anger IDate FOR BOARD ACTION Agendaltem# 4 Meeting Date: 7/25/00 SUBJECT: PREPARED BY: Cascade Creek Unit 2 - Change Order No.1 Wally Schlink, Manager of Power Production ITEM DESCRIPTION: In May 2000 a contract was signed between the City of Rochester and Turbo Power & Marine Systems, Inc for the purchase of a Pratt & Whitney Twin Pac combustion turbine generator. Staff and RPU's consultant have been in the process of identifying and reviewing all points of interconnection and each individual sub -system in the assembly, as well as the method of balance of plant interconnection with the unit. Based on this review, certain additions are necessary to the success of the project. The items are: 1. Fire suppression system expansion 2. 13.8 kV ground fault detection 3. Single mode fiber optic communication 4. Hardware/software UO points for BOP 5. Software generation output limit The cost of the additions is $91,650.00 bringing the total contract price to $15,941,650.00; the project schedule will remain the same with the timely approval of this request. Attached is a copy of the change order to the original contract, subject to the terns & conditions of the original contract, for the five items we are requesting approval. Also attached is the evaluation and the recommendation for the Change Order from Burns & McDonnell, who have been retained as the engineer and architect representing RPU for the project. NOTE: Effective June 19, 2000 Turbo Power and Marine Systems, Inc. changed its name to Pratt & Whitney Power Systems, Inc. New contract documents will reflect that change. UTILITY BOARD ACTION REQUESTED: Staff recommends that the Board approve a resolution requesting the Common Council to approve Change Order No. 1 to the purchase contract agreement with Turbo Power and Marine Systems, Inc. for the additional items designated in attachment. The revised purchase contract agreement will be for a fine price of $15,941,650.00 Gener anager Date ROCHESTER PUBLIC FOR BOARD ACTION Agenda Item # 5 Meeting Date: 7/25/00 SUBJECT: Mutual Aid Agreement PREPARED BY: Larry Koshire, General Manager ITEM DESCRIPTION: The Federal Emergency Management Agency (FEMA) has recently changed their policy regarding reimbursement costs arising from a situation where a municipal utility assists another city or utility in a disaster situation. Their revision requires a prior written agreement between the parties in order for reimbursement to occur. FEMA's policy revision for public assistance is attached. The Minnesota Municipal Utilities Association (MMUA) is addressing this issue and is proposing an approach to accommodate this policy change. A copy of the MMUA letter explaining the situation and their approached is attached. This model has been used elsewhere and will satisfy the new FEMA policy. UTILITY BOARD ACTION REQUESTED: The Board is requested to approve the attached resolution authorizing execution of the MMUA Mutual Aid Agreement by the Mayor and General Manager for purposes of providing mutual aid during disaster situations. Gen' Manager ` Date PUBLIC UTILITIES //WAIJ A MLNNESOTR MUNIOPAI VTIVPES A554[Ln[ou 12805 Highway 55 • Suite 212 • Plymouth, MN 55441-3859 July 12, 2000 ! 1 JUL 14 2000 Dear MMUA Member: The Federal Emergency Management Agency (FEMA) will no longer reimburse costs arising from a city or municipal utility assisting another city/utility unless there is a prior, written agreement between the damaged party and the assisting party. This stipulation is contained in policy update 9523.6, Mutual Aid Agreements for Public Assistance, issued on August 17, 1999. The policy publication says it'Is applicable to all major disasters and emergencies declared on or after the publication date of this policy.,, The policy was published in the Federal Register, but not well publicized until this time. I have attached a copy of the policy here. There is no provision for reimbursement for mutual aid when there is no formal written agreement. FEMA Region 5 Director Dan Brown said that if an association member signs a blanket association agreement, that would cover any combination of members assisting another member, as long as they had all signed the association agreement. Brown said the new policy is designed to stop the practice of an assisting city helping another with no intention of seeking payment, until a federal disaster declaration is declared, and then making a claim. The second attachment is a model agreement drafted following discussion between the American Public Power Association, the National Rural Electric Cooperative Association and FEMA. This agreement is being used around the country. We believe that it will be honored by FEMA. FEMA officials have led us to believe that if a city signatory to this agreement receives mutual aid from another city which is signatory to the agreement, the city receiving mutual aid will be eligible for reimbursement by FEMA for the costs of labor and equipment received from the providing city. This, we are told, applies equally to other publicly owned entities, such as co-ops, county government, etc. We have tried to confirm that this agreement will satisfy FEMA rule requirements, but we urge you to satisfy yourself on this issue by discussing it with your city attorney as this is primarily a legal issue. Further, you should consider that as a city receiving or providing mutual aid, there might well be important considerations beyond FEMA reimbursement. For example, when mutual aid is actually requested of your city pursuant to the agreement, you may wish to conSrm at that time if the requesting city will reimburse your costs whether or not FEMA aid is provided to the receiving city, That and other legal issues under Minnesota law are not addressed in the agreement. We suggest that you talk to your city attorney on those points as well. WN Previously, most municipal utilities believed the traditional practice of help -your - neighbor made widespread implementation of a mutual aid agreement unnecessary. That has changed. A joint meeting of the MMUA Communications/Member Services Committee and the Mutual Aid Task Force was held June 22. The group endorsed the attached model agreement. And, the MMUA Board of Directors June 25 approved the association's involvement with mutual aid activities. MMUA has contacted a variety of municipal organizations in Minnesota, as well as FEMA offices in Minnesota and the regional office in Chicago. We are coordinating our efforts with APPA and other municipal associations in Minnesota MMUA envisions a more comprehensive mutual aid package to be developed, including help with radio communications in a disaster situation. It is important to note that the attached agreement does not obligate you or your city/utility to provide mutual aid — it merely clears the deck for receipt of FEMA reimbursement funds should you assist another city/utility, etc., and federal disaster assistance funds become available. The final attachment is a model resolution for use by your governing body. It authorizes participation in the MMUA Mutual Aid Program, directs execution of the Mutual Aid Agreement and establishes authority for setting rates for reimbursement. We urge you to consider adoption of the resolution by your utility's governing body. If your city is a statutory city and has a utility commission, the governing body would be the commission. If it is a statutory city without a commission, it is the city council. If your city is a charter city, you will have to review your charter to determine if the city council or a commission is the governing body or you may consider seeking approval of both. When the resolution is approved, please sign two copies of the Mutual Aid Agreement, date them and return one signed copy to me and keep one for your files. Also, please send a copy of the resolution as adopted. Sincerely, Steve Downer Associate Executive Director FEMA: ?ublic Assistance - Mutual Aid Agreements for Publle Assistance 9523.6 Mutual Aid Agreements for Public Assistance 1. Date Signed: August 17, 1999 2. Response and Recovery Policy Number: 9523.6 3. Title: Mutual Aid Agreements for Public Assistance hErP.'I/www.fema.gcV/r-ti-r/pai9523-6.1 ;�O 4. Purpose: This policy specifies criteria by which the Federal Emergency Management Agency (FEMA) will recognize the eligibility of costs under the Public Assistance Program incurred through mutual aid agreements between applicants and other entities. 5. Scope and Audience: This policy is applicable to all major disasters and emergencies declared on or after the publication date of this policy. This policy is intended for personnel involved in the administration of the Public Assistance Program. This policy applies to emergency work authorized under Sections 403, 407, and 502 of the Stafford Act. 6. Background: Many State and local governments and Private Nonprofit organizations formulate mutual aid agreements to provide emergency assistance to each other in the event of disasters or other crises. The conditions of the agreements may be to provide reciprocal services or to receive direct payment through specific labor and equipment rates outlined in the agreements. These agreements usually are written but, occasionally, are by understanding or are arranged after a disaster occurs. This policy addresses both written and unwritten mutual aid agreements. 7. Policy: A. Written Mutual Aid Agreements. FEMA will reimburse mutual aid agreement costs associated with emergency assistance provided all of the following conditions are met: 1. The assistance requested by the applicant is directly related to the disaster and is eligible for FEMA. assistance. 2. The mutual aid agreement is in written form and signed by authorized officials of the agreeing parties prior to the disaster. 3. The mutual aid agreement applies uniformly in emergency situations. The agreement must not be contingent upon a i -r n'1,1'I F'IMl1 9 Al dAA FEMA: Public Assistance - Mutual Aid Agreements for Public Assistance http:/lwww.fema.gt�vtr-n-dpa/4523_6. 32 0 declaration of a major disaster or emergency by the Federal government or on receiving Federal funds. 4. The providing entity may not request or receive grant funds directly. Only the eligible applicant receiving the aid may request grant assistance. 5. Upon request, the applicant must be able to provide FEMA with documentation that the services were requested. 6. Upon request, the applicant must be able to provide FEMA with documentation of services received and costs incurred. B. Reimbursement Under Provisions of Written Mutual Aid Amements. The agreement is treated as a contract, therefore, the labor and equipment rates outlined in the agreement are acceptable provided they are reasonable in terms and costs. 2. The labor force of the providing entity is considered contract labor. Therefore, straight time for the force account labor of the providing entity is an eligible expense. Straight time for the force account labor of the receiving entity is not an eligible expense and remains limited by 44 CFR 206.228(a)(4). 3. If the providing entity is staffed with volunteer labor, the value of the volunteer labor may be credited to the non -Federal cost share in accordance with the provisions of the Donated Resources policy (#9525.2). 4. If the agreement provides for an initial period of unpaid assistance before .the receiving entity reimburses the providing entity, assistance during that period may be credited to the non -Federal cost share under the provisions of the Donated Resources policy (49525.2). 5. If the agreement states that there is no cost to the applicant receiving the emergency assistance, assistance may be credited to the non -Federal cost share under the provisions of the Donated Resources policy (#9525.2). C. Reimbursement Without an Existing Written Mutual Aid Agreement. There are no provisions for reimbursement for mutual aid when there is no formal written agreement. D. Permanent Work. Long term use of these agreements is not FEMA: Public Assistance - Mutual Aid Agreements for Public Assistance hnpJ/www,femagov/r-n-r/pa19523_6.h1 expected. Temporary modification of the terms in the agreement to increase rate costs for work beyond emergency assistance, such as permanent repairs, will not be recognized by FEMA. Applicants must advertise and award competitive bid contracts for permanent repairs. E. Additional Requirements and Exceptions FEMA recognizes only mutual aid agreements that are between governments or PNPs in separate areas. FEMA does not recognize "mutual aid agreements" between agencies, departments or entities of the same town, county or State government. For example: A Public Works Department cannot arrange to be reimbursed for force account regular time in an emergency by developing a "mutual aid agreement" with the Water Department. 2. When there is a jurisdictional overlap, such as a county and city, with a long standing practice that each entity helps the other without reimbursement, limitations on eligibility of force account labor under 44 CFR 206.228(a)(4) applies to both entities. Normal procedures prevail., 3. There may be times when a providing entity is also an eligible applicant in its own right. When this occurs, there may be differences in eligible costs in the two capacities. For example, provisions governing mutual aid agreements are different from the Public Assistance Program reimbursement provisions for eligible applicants using their own resources to meet emergencies in their own jurisdictions. Appropriate records would be, needed to support any claims made. 4. Participants in mutual aid agreements may not mutually redirect their forces to assist other political entities in such a way as to circumvent the limitations of 44 CFR 206.228 (a)(4)• S. Supersession:Tbis policy updates and replaces previous public assistance policy documents on this subject. 9. Authorities:The Robert T. Stafford. Disaster Relief and Emergency Assistance Act, P.L. 93-288 as amended and the implementing regulations of 44 CFR 206. 10. Originating. Office: Infrastructure Division, Response and Recovery Directorate 11. Review Date: Two years from date of publication ' - rn.n nnllnn R-Al AST M MUTUAL AID AGREEMENT In consideration of the mutual commitments given herein, each of the Signatories to this Mutual Aid Agreement agrees to render aid to any of the other Signatories as follows: 1, Request for aid The Requesting Signatory agrees to make its request in writing to the Aiding Signatory within a reasonable time after aid is needed and with reasonable specificity. The Requesting Signatory agrees to compensate the Aiding Signatory as specified in this Agreement and in other agreements that may be in effect between the Requesting and Aiding Signatories. 2. Discretionary rendering of aid. Rendering of aid is entirely at the discretion of the Aiding Signatory. The agreement to render aid is expressly not contingent upon a declaration of a major disaster or emergency by the federal government or upon receiving federal funds. 3. Invoice. to the Rearectina Crory Within 90 days of the return to the homework station of all labor and equipment of the Aiding Signatory, the Aiding Signatory shall submit to the Requesting Signatory an invoice of all charges related to the aid provided pursuant to this Agreement. The invoice shall contain only charges related to the aid provided pursuant to this Agreement. 4, Charges to the Requesting Signatory story Charges to the Requesting Signatory from the Aiding Signatory shall be as follows: a. Labor force_ Charges for labor force shall be in accordance with the Aiding Signatory's standard practices. b, Equipment _ Charges for equipment, such as bucket trucks, digger derricks, and other special equipment used by the Aiding Signatory, shall be at the reasonable and customary rates for such equipment in the Aiding Signatory's location. c. Transportation- The Aiding Signatory shall transport needed personnel and equipment by reasonable and customary means and shall charge reasonable and customary rates for such transportation. d. Meals " e1S, lodp ng and other related expenses_ Charges for meals, lodging and other expenses related to the provision of aid pursuant to this Agreement shall be the reasonable and actual costs incurred by the Aiding Signatory. 5. Crmnterparts. The Signatories may execute this Mutual Aid Agreement in one or more counterparts, with each counterpart being deemed an original Agreement, but with all counterparts being considered one Agreement. 6, Fxecntinn_ Each parry hereto has read, agreed to and executed this Mutual Aid Agreement on the date indicated. Date ROCHESTER PUBLIC UTILITIES CITY OF ROCHESTER General Manager Mayor Return to: Minnesota Municipal Utilities Association 12805 Hwy, 55, Suite 212, Plymouth, MN 55441-38598 rpu,_ we oledie. we dearer RESOLUTION 41 WHEREAS, the City of Rochester, Minnesota ("City"), operates and maintains a municipal water and electric utility; WHEREAS, City wishes to cooperate with other cities, which own and operate utility systems and other publicly owned utility organizations ("Publicly Owned Utilities"); WHEREAS, City is a member of the Minnesota Municipal Utilities Association ("MMUA") and MMUA has developed a program to encourage and foster mutual aid between and among Publicly Owned Utilities in the event of disasters and emergencies; WHEREAS, the Federal Emergency Management Agency ("FEMA') has established a rule which provides that FEMA will reimburse mutual aid costs for a particular disaster or emergency only if mutual aid participants have signed a written agreement prior to that disaster or emergency; WHEREAS, prudent and appropriate charges should be established from time to time which may be paid to City for its provision of mutual aid services and which may be paid to other Publicly Owned Utilities, which may provide mutual aid assistance to City; NOW THEREFOR BE IT RESOLVED by the Public Utility Board of the City of Rochester, Minnesota, that the Common Council of the said City is requested to approve the following: The Mayor and General Manager are hereby authorized and directed to execute and deliver the MMUA Mutual Aid Agreement (attached hereto) and such other documents and agreements as may be necessary to implement City's participation in the MMUA Mutual Aid Program and to qualify for FEMA reimbursement of mutual aid costs. 2. The managing staff of the City's utility system(s) shall establish reasonable rates for reimbursement of its labor and equipment costs as contemplated in FEMA rules, and periodically revise such rates as necessary. 3. City will provide mutual aid assistance to other Publicly Owned Utilities if management determines (a) that the reliability and performance of City's utility system(s) and the public health and safety of City residents and customers will not be materially and adversely affected, (b) the other Publicly Owned Utility has executed the. MMUA Mutual Aid Agreement (or an agreement substantially similar in form and content) and (c) the other Publicly Owned Utility has established rates for reimbursement of City's labor and equipment costs which are reasonably comparable to those established by City. Passed by the Public Utility Board of the City of Rochester, Minnesota, this 25d' day of July, 2000. Presi t Secretary REQUEST FOR COUNCIL ACTION MEETING DATE: 8/7/00.3 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY CLERK r) -9 DESCRIPTION: LICENSES, BONDS & MISCELLANEOUS ACTIVITIES PREPARED BY: DONNAISCHOTT 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. CIRCUS Farrow Amusement Co., Inc. PO Box 6747 Jackson, Ms 39282 Carnival for Olmsted County Fair 7/31/00 thru 8/7/00 FIREWORKS John Marshall High School 1510 14" St NW Rochester, Mn. 55901 Fireworks For Home Team Touchdowns 9/1/00 to 11/10 and Graduation 6/8/01 GAMBLING — TEMPORARY Senior Citizens Services Center 121 N Bdwy Rochester, Mn. 55906 Raffle 9/13/00 AT Rochester Mayo Civic Center 30 Civic Center Dr. SE Rochester, Mn. 55904 (Prior Approvals J McConnell, W Stobaugh, M Evans, M Marcoux, D Senjem) Ruffed Grouse Society 146 Interlachen Ln NW Rochester Mn 55901 Raffle 9/14/00 AT Radisson Plaza Hotel 150 S Bdwy Rochester Mn 55904 C ICIL ACTION: Motion by: second by: to: L 4,LICENSES, BONDS AND CITY ACTIVITIES PAGE 2 AUGUST 7, 2000 Rochester Ducks Unlimited PO Box 475 Rochester Mn 55903 Raffle 9/7/00 AT National Guard Armory 1715 Marion Rd SE Rochester Mn 55904 HOUSE MOVERS Otting House Movers for Lois Rud 11640 275`h St E Lakeville Mn 55044 House Moved From 522-26 5"i Ave SE to Hayfield Roger Crews House Moving Rt 3 Box 145 Austin Mn 55912 House & Garage from 509 6t' St SE to Dodge County House Moved from 512 51h Ave SE to Dodge County ON SALE TEMPORARY LIQUOR Hiawatha Homes foundation 1530 Greenview Dr. SW Rochester Mn 55902 Fundraiser 10/13/00 AT Radisson Plaza Hotel 150 S Bdwy Rochester MN 55904 SEWER AND DRAIN Belair Excavating 2200 Old Hwy 8 New Brighton Mn 55112 Craig Ramaker DBA Carco Plumbing & Heating 523 7`h St NW Rochester Mn 55901 SIGN INSTALLERS Intall This! Awning and Sign Co. 5345 4`h St Brooklyn Center Mn 55430 LICENSES, BONDS AND CITY ACTIVITIES PAGE 3 AUGUST 7, 2000 SOUND AMPLIFICATION Java Dreams 415 S Bdwy Rochester, Mn 55904 Live Music Outside Bldg 8/2/00 6:00 PM to 8:00 PM (Prior Approvals by: J Hunziker, M Marcoux, M Evans, & D Hanson) Holiday Inn South 1630 S Bdwy Rochester Mn 55904 Live Band in their Parking Lot 8/25/00 7:00 PM to Midnight (Please Waive 8:00 PM Time Period) Elim Baptist Church 1815 37` St NW Rochester Mn 55906 Community Appreciation Party 8/12/00 4:00 PM to 6:00 PM Gay/Lesbian Community Services PO Box 454 Rochester Mn 55903 National Coming Out Day Celebration 10/11/00 Peace Plaza 3:30 PM to 6:30 PM AFL-CIO Central Labor Council 405 '/a S Bdwy Rochester Mn 55904 All -Union Picnic 8/27/00 11:00 AM to 3:30 PM Foster Arend Park The Rochester Area Family Y 709 1"Ave SW Rochester Mn 55902 Back to School Parking Lot Dance 9/8/00 7:00 PM to 9:00 PM Grades 6 thru 8 (Please waive 8:00 Time Period) Carol & Mark Ramler Anniversary Party 1918 Stonewall Ln SW Rochester Mn 55902 New Visions Band 9/16/00 6:00 PM to 8:00 PM SE Neighborhood Association Film, Games & Music 8/5/00 5:30 PM to 9:00 PM Slatterly Park (Prior Approvals: J. McConnell, D Hanson, M Marcoux, D Senjem) �S- �( LICENSES, BONDS & CITY ACTIVITIES PAGE4 AUGUST 7, 2000 MISCELLANEOUS CITY ACTIVITIES John Marshall High Homecoming Parade 9/29/00 1510 14" St NW Rochester Mn 55901 Rochester Track Club 8/19/00 Holiday Inn Half Marathon & 5K Promotion of Running & Fitness in Rochester Starting at Holiday Inn to bear Creek Bike Path Rochester Century High School 2525 Viola Rd NE Rochester Mn 55906 Annual Homecoming Parade 10/6/00 COUNCIL ACTION REQUESTED A motion to approve or disapprove the above licenses, bonds and city activities. REQUEST FOR COUNCIL ACTION MEETING DATE: 8/7/00� AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: City Clerk ITEM NO. „ JA DESCRIPTION: Approval of Election Judges for Federal/State Primary Election to be PREPARED BY: held on September 12, 2000 Judy Scherr The following list of individuals are scheduled to work as Election Judges at the Federal/State Primary Election to be held on September 12, 2000. Council approval is needed at this time. COUNCIL ACTION REQUESTED A motion to approve the election judges for the Federal/State Primary Election to be held on September 12, 2000. t NCIL ACTION: Motion by: Second by: to: Page 1 ELECTION JUDGES September 12, 2000 1-1 Ben Franklin School Beverly Debus, Head Judge (R) 1610 8th Avenue SE 289-6926 Judith Thronson, Co -Head Judge (D) 1638 8th Avenue SE 282-8420 Ruth Nevling A 223 9th Avenue SE 289-7415 Sylvia Viken () 2916 19th Avenue SE 288-4860 Beola Beistad (R) 2034 Pinewood Road SE 285-9056 Linda Jerdon () 1634 8-1/2 Avenue SE 289-2915 1-2 Resurrection Catholic Ch +*ch Phyllis Kirchner, Head Judge A 2524 25th Avenue SE 289-2009 Jeff Gustafson, Co -Head Judge (It) 2404 5th Avenue SE 289-1713 Ewald Koepsel (R) 1750 Lakeview Drive SW 288-8644 Lillian Krahn A 1628 loth Ave SE 281-4498 John Hulsizer (R) 1404 8 1/2 Avenue SE 288-3475 Vera Ogren (D) 1415 10th Avenue SE 289-5811 1-3 FIawt Betty Shimek, Head Judge (D) 1815 15th Street NW 288-4532 Marsha Degnan, Co -Head Judge (R) 1509 8 1/2 Avenue SE 289-1225 Selma Koepsell 1750 Lakeview Drive SW 288.8644 Mildred Moe () 411 Sunnydale Ln SE 282-8332 Patricia Jelincich () 102 2nd Street SE p 902 281-6392 George Hartog () 3019 Nelson Court SE 282-9975 1-4 Golde Verna Knutson, Head judge A 625 Zumbro Drive NW 282.4906 Peggy Cunderla, Co-head Judge (it) 1243 6th Avenue SE 289-7924 Gerald Posthumus (R) 2518 Mayfair Street SE 282-0286 Lee Bredeson (I) 1777 25th Avenue NW 285-0628 Marilyn Zygmunt 3747 Wright Road SW 280.0176 Catherine Friese 917 2nd St SW 280-8226 1-5Rochester Intemational A' port David Werrecke, Head judge (IZ) 2621 Tuxedo Lane NW 282-6564 Glenn Amundsen (IZ) 813 6th Street SE 282-7869 Warren (Bud) Folkert (D) 936 14th Avenue NE 282-8541 Mary Muller 910 29th Street NW 289-3447 1-6 Rochester International LWort same list as above for Rochester International Airport q Page 2 2.1 Edison School ^ ^aucurt, Head Judge A 716 28th Street NW 289-1327 Brackenbury, Co -Head Judge (D) 511 8th Street SW 289-2031 1. -S Tarpenning (R) 1414 3rd Avenue SW 289-2829 Ann Sudman A 3840 loth Ave SW 529-9437 David Dyson A 1012 Hickory Lane SW 292-0117 Helen Richardson A 1652 2nd Avenue SE 288.3317 2-2 Folwell School Mary Lynn Benson, Head Judge (lt) 974 16-1/2 Street SE 281-4282 Gordon Hoffmann, Co -Head Judge (D) 2850 Oakview Ct SE 288-6834 Gayle Hubbard (R) 4247 1st Street NW 282-3635 Edwm Haw A 1427 4th Avenue SW 288-1045 Eleanor Moore A 1400 14th Avenue NE 282.2465 Mark Stadtherr 242123rd Avenue NW 281-3899 2-3 Bamber ValleySchool SherryNoser, Head Judge (D) 408 18-1/2 Avenue SW 287-0780 Linda Kuehn, (I) 4102 14th Avenue NW 288-1674 Bix Stewart (R) 1535 Graham Ct SE 289-5314 Joyce Markham (} 961 Paxton Road SW 281.9734 Rita Salmon () 1926 Waterford Place SW 288-0084 Ella VanL=mgha n () 1832 Lakeview Ct SW k 202 289-2668 2-4 Harriet Bishop Schoo Arla Spears, Head Judge (R) 3557 6th Street NW 282-0263 Carmen Atkinson (D) 3803 3rd Place NW 289-8638 Dewaine Silker (D) 1435 14th Avenue NE 288-8596 Lawrence Wehrs () 713 20th Avenue SW 282-1945 Jeff Wile (R) 1852 17-1/2 St NW 280.6967 Doris P Summer (D) 2429 12th Ave NW 289.8026 2-5 Bamber Valley School same It as above for 2.3 2-6 Bamber Valley School same list as above for 2-3 L-1 no. —erection Evang, Luth. Church Mi icherr, Head Judge (IZ) 816 12th Street NW no phone M, albruch, Co -Head Judge (D) 34 14th Avenue NE 282-1359 JoAnn Dubbels A 583151st Street NE 282-2991 Linda Hanson (1) 5408 Nicklaus Drive NW 282-4236 Samantha Thomas () 820 Emerald Lane NW 252-5319 Roberta (Bobbie) Bailey O 822 26th Street NE 252-8575 N 3-2 St Luke's Episcopal Church Barb Mertz, Head Judge (D) 1975 Waterford Place SW 289-3022 Donald Harrison Dewalt, Co -Head judge A 1334 38th St NW 288-8246 Ann Gad (R) 1313 2nd Street NE 288-6076 Marion Heram (R) 3712 15th Avenue NW 288-7382 Arlene Johnson O 2100 Valkyrie Drive NW # 402 289-4328 Rebecca A Pierce A 825Essex ParkwayNW#117 289-6802 3-3 Sunset Terrace School Barb Feind, Head Judge (R) 1806 18-1/2 Street NW 288-1551 Bonnie Dunlap () 2620 59th Street NW 281-0726 Dorothy Olson A 19 11 Viking Dr NW #17 289-0894 Ken Reding (i) 1403 29th Street NW 289-6860 EmilyG Anderson O 2406 21st St NW 282-3452 Lucille Wehrs () 715 20th Avenue SW 282-1945 3-4 Rochester Covenant Church Bob Degnan, Head Judge (R) 1509 8-1/2 Avenue SE 289-1225 James Kocer, Co- Head judge A 3101 Valleyhigh Rd NW 282-2673 Faith Lyons A 2105 ValleyHighDrNW 289-1762 James Ronning A 3005 48th Street NW 288-4023 Frank Lebeck 718 2nd Avenue NW 282-1066 Katherine Strebbing () 9723 50th Ave NW, Oronoco, 55960 367-4720 3-5 Rochester Covenant Church Don Pankowski, Head judge (D) 4110 Viola Road NW 282-4689 Alice Einck, Go -Head judge (R) 4937 31STAve NW 288-8956 Bladwin (Bobbie) Lebeck 718 2nd Avenue NW 282.1066 Virginia Swanson O 570 36th Street SW 292-9501 4-1 United WayBuilding Bob Daly, Head Judge Lucille Schemmel, Co - Head Judge Edward Johnson Josephine Kvittem Lorraine Deedrick (I� Margie Haack 4-2 Mavo Civic Auditorium Gerald Dubin, Head Judge Rolland Hanson, Co-head judge Elaine DePuy Marilyn Middleton Arthur Cote Beth Holmgren (R) 1517 Damon Ct SE (D) 912 loth Street NW (D) 5488 St. Mar]/s Drive NW (D) 512 4th Street SW, # 104 215 8-1/2 Ave NW (} 1150 West Center St 289-5158 289-4220 285-1912 289-6369 282-9001 282-0564 1557 Sth Avenue SE 289.0913 (D) 1620B 10th Avenue'SE 289-3006 (D) 2035A Carriage Rd SW 289-8311 (D) 1911 Viking Dr NW # 28 252-9413 22 North Broadway# 1603 281-1150 (j 1701 10th St SE 529-8714 Page 3 4-3 Holmes School ° Snyder, Head Judge es Holland (D) 609 4th Avenue SE 282-1314 --.w..yFokrt x 93614thAvenue NE 282-8541 Henry Pater (R) 2011 Viking Dr NW 289-7646 William Eaton () 11213rd Street SE 285-5774 TerriPenz A 2027 Baihly Heights Dr SW 289-3551 4.4 Longfellow School Ray Sibley, Head Judge (D) 632 Sth Street SW 289-8522 Bernard Tlougan, Co- Head judge (D) 915 16th Avenue NE 289-8383 Lois Christianson () 506 13th Street NE 289-1767 Myrna Kroening () 5531 Viola Road NE 282-2921 Gordon Holzman () 920 22nd Street SE 280-8769 Dawn Barrie O 215 Elton FT& Dr NW N 36 288.2604 4-5 Longfellow School same list as above for 4-4 4-6 Holmes School . I-' st as above for Hohnes School 5-1 Washington School Margaret Klobuchar, Head judge (R) 1839 34th Street NW 289-2814 Colleen Hesse, Co -Head judge (D) 1837 18.1/2 Street NW 288.0339 ShideyKocer (A 3101 Valleybigh Rd NW 282.2673 Rose Kelly A 16413rd Avenue NE 282-7363 Virginia Swanson () 570 36th Street SW 292-9501 Char Ellefson () 11636 6th Ave SW 288-2210 5-2 Jefferson School Mans Ohnstad, Head judge (R) 6040 60th Avenue NW,Oronoco 288-2790 Clarence Zaborowski, Co -Head judge A 705 16th Avenue NE 281-4630 Patricia Pearson () 1005 8th Avenue NE 282-8921 RosemaryMackey () 100711thAvenue NE 288-6077 Bette Fellows () 715 26th Street NW 282-6060 Judith Keller Taylor A 1524 Wilshire Dr NE 288-7395 �-3 Kellogg T�gh School E 'owey, Head judge (D) 1444 8-1/2 Avenue SE E vlelvin, Co-head judge A 1615 No Hgrs Dr NE Richard L McMaster 1310 21st Ave NE Gene Pearson () 1005 8th Avenue NE Noreen Skogen () 715 15th Avenue NE Sharon Olsen (D) 1226 2nd St NE 288-6741 288-5244 289-8786 282.8921 288-3755 289-8050 �1 Page 4 6� Page 5 5-4 Churchill Schoo Nylene Thompson, Head Judge A 1331 5th Street NE 288-7149 Methal Ma orowicz, Co -Head Judge (D) 2725 Riverside Lane NE 282-0841 Lucy Julius A 2735 Riverside Ln NE 281-2135 Mary Ho O 6426 16th Avenue NW 289-4746 Mark Bilderback () 839 7th Avenue SE 282-7178 Elaine Schmidt (R) 2518 18th Avenue NW 282-4107 5.5 Kellogg Jr. Hgh School same as list above for 5-3 5.6 Churchill School same as list above for 5-4 6-1 Hoover School Karen Carney, Head Judge () 1461 Cascade Street NW 288-0615 Delores Smith, Co -Head Judge (D) 2515 5th Avenue NW 288-1953 RobertBrowning () 2501 17th Avenue NW 289-8641 Martha Sterner (D) 202 River Court NE 280.8679 Betty Cote (1) 22 North Broadway# 1603 281-1150 Sharon Priebe O 214 NE Union St, Chatfield MN 55923 867-3189 6-2 Elt Becky Schuster, Head Judge (R} 619 Elton Hills Dr NW 282-7886 Art DePuy, Co -Head Judge (ItJ 2053A Carriage Rd SW 289-8311 Kathleen Evers (D) 625 19th Street NW 281-8242 Harold Stewart (i1) 1535 Graham Court SE 289-5314 Rose Larson A 2715 Riverside Ln NE 282-8339 Marion Bagne (lZJ 1839B 36th Street NW 288-1686 6-3 TQhn Adamsgh School Joanne Decker, Head judge (R) 2115 Parkwood Hills Dr NE 529-1405 Fritz Tmmmer O 825 Essex ParkwayNW # 112 282-3968 Lavaun Postier 8366 Co. Road 3 NW (Oronoco) 288-4796 Dolores Cleveland (j 4016 Carol Lane NW 288-8107 Tracy Grove 2506 18-1/2 Avenue NW # 6-209 292.0780 Ronald Lien (j 1003 8th Avenue NW 289-5322 Dutch DeVries, Head judge (R) 611 13th Avenue SE 282-6490 Mary Lawler (D) 2333 15th Avenue NW 288-2525 Liz Holmberg (R) 2010 42nd Street NW 289-0301 Peg Parsons (D) 2607 5rh Avenue NW 282-4013 Bill Born () 1414 451h Street NW 281-2560 Sherri Sovinski (1 9377130rh Av ,,r CP Ck...CAA */MT S9011 vr7-nn41 REQUEST FOR COUNCIL ACTION MEETING DATE: BU�_3 AGENDA SECTION: Consent Agenda ORIGINATING DEPT: Finance Department ITEM NO, 6 _ 1 DESCRIPTION: Approval of Accounts Payable PREPARED BY: Dale Martinson Respectfully request a motion to approve payment of Accounts Payable (submitted separately) in the amount of $4,012,248.25. Less: Any exceptions 4CIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING 5� DATE: 08/07/00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA FINANCE D _ J M DESCRIPTION: 301 PROJECTS (FUND) - TRANSFER OF UNEXPENDED BALANCE OF PREPARED BY: rr.KMANENT IMPROVEMENT PROJECTS Dale Martinson Attached is a prepared resolution closing completed projects, or completed phases within specific projects, and authorizing transfers of the unexpended balances. The project funds were created and financed pursuant to City Charter, Section 11.10. The amount of funds transferred is broken down as follows: Airport $ 2,899.76 Parks 217.41 Sewer 8L Water 432,928.37 Traffic 2,534.74 Other 641,286.42 Net Funds Transferred $1,079,866.70 COUNCIL ACTION REQUESTED: Respectfully request a motion adopting the prepared resolution closing completed improvement projects, or completed phases within specific projects, and transferring unexpended balances pursuant to the City Charter, Section I I.10. JNCIL ACTION: Motion by: Second by: to: 15 p RESOLUTION WHEREAS, the Common Council has appropriated funds to the following projects: Project # Project Description Amount Aimort 6915 Grding u Base Wrk-Prvt Hgrs ( 39,549.76) Funds transferred to 16915 from 270-4272 (Airport Profit/Loss Acct) 39,549.76 6960 New Prec Apprch Pth Indicatr Lts 2,899.76 6961 OvrlySvcBldgLoteEWsideTrmnlBldg ( 6,924.96) Funds transferred to 16961 from 270-4272 (Airport Proflt/Loss Acct) 6,924.96 6964 Replace PCB Transformer 8t Standby Generator ( 1,877.17) Funds transferred to J6961 from 270-4272 (Airport Proflt/Loss Acct) 1,877.17 Subtotal 2,899.76 Parks 2924 Repl Fuel StorageTnks-P8xR Shop ( 390.00) Funds transferred to 12924 from ] 1994 (Future Construction) 390.00 2931 Slatterly Park Improvements 217.41 2936 Rose Harbor Park Development ( 436.00) Funds transferred to ]2936 from 12003 (Future Property Acquisition) 436.00 2957 Eastwood Park Development ( 403.48) Funds transferred to ]2957 from 12895 (S.E. Sector Park Acq & Develop) 403.48 2989 Homestead Park Development ( 5,325.74) Funds transferred to 12989 from ]2899 (Park Acquisition) 5,325.74 Subtotal 217.41 Sewer az Water 2086 Wtr Ln/Hydmt sry Fit Storge 20,545.91 2163 Csc Cr Tr Swr < 300'S 14St>7StNW 391,334.79 2165 Manholes - Meadow Park 21,047.67 Subtotal 432,928.37 Traffic 6291 RR Xing Imprvmnts-Var Lctns (trf fr]6384) ( 1,203.99) 6349 Mast arts — Signals — Various locations 519.53 6384 Intrcnt 6AvNW&CCDr RRuTrfcSgnl 3,219.20 Subtotal 2,534.74 Other 1970 LEC Total StationMappingSystem ( 308.71) 1972 Driving at Shooting Simulators 397.79 1978 Rebuild Police Peacekeeper .08 1995 Non -Pro] Right of Way/Easmnt ( 8,456.00) Funds transferred to 11995 from 12003 (Future Property Acquisition) 8,456.00 2036 Record Retention @ the Airport 1,247.36 2079 Rochester Civic Theatre Impr 80.20 2101 E91 1 Improvements 1.65 2626 Westem Digital — DTED 46.88 4883 Flood Control Program (trf to 312 Fund) 640,451.04 4887 Soil Conservatlon/Flood Ctrl outside City of Rochester (trf fr ]4883) ( 629.87) Subtotal 641,286.42 Net Funds Transferred $1.074,866.70 WHEREAS, the above listed projects have completed various phases and all costs of said improvements have been paid. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Rochester, Minnesota in compliance with the Charter of the City of Rochester, Minnesota, Section 11.10 that; ✓C--�O? 1. The above named funds shall be closed and the remaining balances in said funds shall be transferred to the following local improvement project funds: Protect # Protect Description Amount A1roort 4272 Accum Balance Airport Co. Oper 2,899.76 Park 2899 Park Acquisition 217.41 Sewer at Water 1994 Future Construction 20,545.91 707 Fund Sewer Utility Fund 412,382.46 Subtotal 432,928.37 Traffic 1994 Future Construction 2,534.74 Other 1994 Future Construction 1,418.37 2563 Western Digital project 321 Fund (from 12626) 46.88 312 Fund Flood Control Improvement - Sales Tax Fund 639,821.17 Subtotal 641,286.42 Net Funds Transferred $1.079,866.70 2. The following Is a transfer of funds from ] 1977 (LEC Communications Project) to J2087 (Central Mtce Facility Project) to reimburse funding previously borrowed. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Rochester, Minnesota that the following transfer amount be officially and formally accepted and approved. Protect # ProlecVTransfer Description Amount 1977 LEC Communications Project $(968,548.00) trf fir ] 1977 to ]2087 (Central Mtce Facility) 968,548.00 3. The Director of Finance Is hereby authorized and directed to put into effect the provision of this resolution as of July 31, 2000. Passed and adopted by the Common Council of the City of Rochester, Minnesota, this 7th day of August, 2000 Attest: City Clerk Approved this _ day of 2000 President of said Common Council Mayor of said City (Seal of the City of Rochester, Minnesota) REQUEST FOR COUNCIL ACTION MEETING DATE: 8RI AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA FINANCE D_(B DESCRIPTION: Closing of Tax Increment Projects -Funds 311,314,319 & 321 PREPARED BY: Dale Martinson Attached is a prepared resolution closing completed projects, or completed phases within specific projects, and authorizing transfers of the neccesary funding. The project funds were created and financed pursuant to City Charter, Section 11.10. The amount of funds transferred is $1,123.51. COUNCIL ACTION REQUESTED: Respectfully request a motion adopting the prepared resolution closing completed tax increment projects, or completed phases within specific tax increment projects, and authorizing the necessary fund transfers pursuant to the City Charter, Section 11.10. C ICIL ACTION: Motion by: Second by: to: 0 RES OLUT I ON WHEREAS, the Common Council has appropriated funds to the following projects: Project Number Project Description 314-2542 Textile Care Services 3-3 319-2560 TIF 7-1 Site Acquisition trf fnds to J2560 fr J2718(TI Dist 7-1 balances) 319-2561 Constr Street & utility - TIF Dist 7-1 trf fnds to J2561 fr J2718(TI Dist 7-1 balances) 321-2563 Western Digital project trf fnds to J2563 fr J2600(Repd Econ Dvlpmnt Loans) 311-2566 Central Park Redevelopment trf fnds to J2566 fr J2550(TIF balances) 319-2568 Pemstar Expansion - Phase 3 trf fnds to J2568 fr J2718(TI Dist 7-1 balances) Net Funds Transferred Amount 1,123.51 ( 1,568.00) 1,568.00 ( 1,113.25) 1,113.25 ( 8,328.03) 8,328.03 ( 817.50) 817.50 ( 147.42) 147.42 S 1,123.51 WHEREAS, the above listed projects have completed various phases and all costs of said improvements have been paid. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Rochester, Minnesota in compliance with the Charter of the City of Rochester, Minnesota, Section 11.10 that: 1. The above named projects shall be closed and the remaining balances in said projects shall be transferred to the following tax increment projects: Project Number Project Description Amount 314-2527 Marigold Food Expansion 2. The Director of Finance is hereby authorized and directed to put into effect the provision of this resolution as of July 31, 2000 1,123.51 Passed and adopted by the Common Council of the City of Rochester, Minnesota, this 7th day of August, 2000. President of said Common Council Attest: City Clerk Approved this _ day of Mayor of said City (Seal of the City of Rochester, Minnesota) 2000 REQUEST FOR COUNCIL ACTION CONSENT AGENDA A DESCRIPTION: Finance Department MEETING DATE: 8/7/00 D-14 Dale Martinson At the July 17th regular meeting, council authorized sale of $17.925 million of sales tax revenue bonds. Those bonds are subject to both new Securities and Exchange Commission (SEC) regulations on "continuing disclosure" and IRS regulations on "arbitrage monitoring and rebate." Penalties for non-compliance on an issue of this magnitude could be severe including the potential for fines from either agency, difficulty in remarketing this or future bond sales, and class action law suits by the holders of the bonds for their loss of tax-exempt status. The City's financial advisors, Springsted Incorporated, offer services to help assure compliance with both continuing disclosure and arbitrage and rebate monitoring. City staff believes that we should be able to handle the continuing disclosure requirements adequately with in-house resources. We do, however, believe that it is important to have some assistance with verifying arbitrage and rebate calculations and in assuring appropriate documentation. The services for arbitrage and rebate monitoring would cost the city $1,500 per year for this issue until such time as were able to meet one of the "spend -down rules" that grant us exception to most rebate liability. We anticipate this spend -down will occur in approximately 18 months. After that date, monitoring would continue for the life of the bonds at $400 per year. Given the exposure to the City for making an error in the arbitrage monitoring, I believe it is worth the requested fee on this issue to contract with Springsted Incorporated for those services, but to meet the continuing disclosure requirements with our own staff. RECOMMENDATION Authorize Mayor and City Clerk to execute agreement with Springsted, Inc. for arbitrage rebate monitoring services on the City's $17,925,000 G.O. Sales Tax Revenue Bonds. NCIL ACTION: Motion by: second by: _ _ to: REQUEST FOR COUNCIL ACTION MEETING �3 DATE: 8/7/00 AGENDA SECTION: Consent Agenda ORIGINATING DEPT: Finance Department ITEM NO. 1) _1 5 A DESCRIPTION: LMCIT Liability Waiver Form PREPARED BY: Jennifer King The League of Minnesota Cities Insurance Trust (LMCIT) has indicated that the City of Rochester must choose to waive or not to waive the statutory tort liability limits for this years renewal of the liability insurance policy through the League of Minnesota Cities. In previous years, the Council has considered providing additional liability coverage. The decision at that time was not to provide additional insurance above the statutory tort liability limits. Due to the increased cost of the additional coverage and the previous determinations of continuing to provide the statutory tort limits under the City's liability insurance policy, City staff recommends that the Council does not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. This recommendation would also include the South Zumbro Water shed Joint Powers Board liability policy provided by the LMCIT. COUNCEL ACTION REQUESTED: Approve the recommendation not to waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. Authorize the City Clerk and the Mayor to sign the LMCIT Liability Coverage — Waiver Form for the City of Rochester LMCIT policy as well as the Waiver Form for the South Zumbro Watershed Joint Powers Board policy. y f NCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING IQS DATE: 8-07-00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA PLANNING D -.I b DESCRIPTION: Roadway name change: Estates Lane S.W. to Allegro Park Lane S.W. PREPARED BY: Janice K. Chezick GIS Supervisor The plat for Country Club Estates contains a roadway designated as Estates Lane S.W. The Professional Skaters Association International, property owner of the lots located along this segment of roadway, is requesting to rename the roadway to Allegro Park Lane S.W. The Addressing/GIS staff of the Rochester -Olmsted Planning Department have no objections to a roadway name change for this roadway segment. There are six lots that abut Estates Lane S.W., Lots 1, 2, 3, 4, 5, and 6 of Block 1 of Country Club Estates. A new roadway sign of Allegro Park Lane S.W. will need to be erected at the intersection of this roadway and Country Club Road West. Recommendations of roadway identification changes are covered by Rochester Code of Ordinances, Chapter 31.32. Roadway name changes are covered by Rochester Code of Ordinances, Chapter 75.01. COUNCIL ACTION REQUESTED Adopt an Ordinance to change Estates Lane S.W., platted in Country Club Estates, to Allegro Park Lane S.W. 2. Direct the City Clerk to file a certified copy of the Ordinance with the County Recorder. Attachments: 1. Copy of map to identify location of roadway is attached. Distribution: 1. City Administrator 2. City Clerk 3. CityAttorney NCILACTION: Motion by: Second by: to: (die § 4 zRz§mt .• G ± 4 2w @m. §%| .w. I \} . p. .G � i C9Js� »: § A mi y* a *� ]i ® |ƒIg % •: 3! \ § r m / ! m•:= . \; SH 92� � � � O Z= Mom. A� (/� ] . . p t . _ it REQUEST FOR COUNCIL ACTION MEETING C ❑ATF- R_7_nn AGENDA SECTION: ORIGINATING DEPT: ITEMAGoslee, I CONSENT AGENDA PLANNING LM DESCRIPTION: 2000 Committee on Urban Design and Environment Awards. PRESa July 31, 2000 The Committee on Urban Design and Environment (CODE) will be holding their annual awards breakfast on October 31, 2000. CUDE would greatly appreciate assistance from the City Council in identifying potential award nominees from projects that have been completed in the past year. Awards categories include: ♦ NEW CONSTRUCTION This category includes new construction of architecturally significant or unique buildings that have been completed sometime after January 1999. ♦ REHABILITATION/RENOVATION/ADDITION This category focuses on rehabilitation or renovation projects done to existing buildings built before 1985. The category includes any exterior or interior remodeling, building additions, or other work which has an overall effect on the enhancement of the entire neighborhood or exhibits a creative use of space. Before and after pictures may be submitted with the nomination. ♦ SIGNAGE AND GRAPHICS This award is given for positive improvement by a company or individual for a contribution to the visual environment via signage or graphic design. ♦ LANDSCAPING This award recognizes significant or outstanding landscaping design around a project or building. ♦ INDIVIDUALWORGANIZATIONS This award is given to an individual or organization deserving recognition for an outstanding contribution to the quality of life in Rochester. ♦ PLANNING This award recognizes large scale projects whose design, function, and attention to detail results in a cohesive neighborhood and streetscape. ♦ CREATIVE INITIATIVE This award recognizes creative touches that improve the character and/or function of the neighborhood. Council Action Needed: The Council may put together a master list of nominees or send suggestions on an individual basis by August 161h The nominations may be mailed or e-mailed to CUDE c/o Sandra Goslee(goslee.sandi@co.olmsted.mn.us). Distribution: 1. City Clerk 2. City Administrator 3. City Attorney 4. Planning Department File 1NCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works 'D —' 6 I DESCRIPTION: Continental Properties Development Agreement Amendment PREPARED BY: R. Freese The City and Continental Properties, Inc. entered into a Development Agrement on January 6, 1999 for the Broadway Commons Development project on TH 63 at 25th Street South. The Development Agreement detailed the obligations of each party to the Agreement, In addition, the City entered into an Agreement with MnDOT for certain intersection improvements to TH 63 at 25th Street and 28th Street South. Continental Properties was responsible for the improvements to 25th Street SW lying west of TH 63. Construction plans and specifications were prepared by McGhie & Betts under contract to Continental for the improvements to 25th Street SW and the TH 63 West Frontage Road. The improvements were constructed in 1999 per the plan by Rochester Sand and Gravel under contract to Continental. MnDOT required the previous accesses to TH 63 at Meadow Hills Drive and Oak Hills Drive be closed by the City in exchange for the permit to construct the new traffic signal at 25th Street and TH 63. Shortly after the improvements to 25th Street and the West Frontage Road were com leted the City began receiving calls from residents of the area west of TH 63. The concerns were that the 25t9 Street SW and TH 63 West Frontage Road intersection improvements as constructed did not work. Additionally, I received several calls from the Tamarak Townhome Association that is located on the northwest corner of the intersection of 25th Street SW and the TH 63 West Frontage Road. The Association was concerned about the steep slopes in the boulevard along the frontage road and their driveways. Staff from the Public Works Department and McGhie & Betts investigated the complaints and determined that the improvements were constructed as designed by McGhie & Betts and as approved by the City and MnDOT. However, it was obvious in watching the traffic attempt to negotiate the new intersection that the turning radii and the pavement width did not meet the driver's expectations. Staff from Public Works and McGhie & Betts met to discuss design options and a new design has since been prepared by McGhie & Betts and reviewed and approved by the City. Rochester Sand and Gravel has submitted a cost proposal to the City and Continental for the additional work needed to correct the operational problems at this intersection. McGhie & Betts prepared the revised plans for the City. I have discussed the cost proposal with representatives of Continental. Initially they felt that they had met their obligations for the 25th Street SW intersection and TH 63 West Frontage Road improvements as outlined in the Development Agreement. However, they have subsequently agreed to pay $17,313.75 towards the cost of improvements to the east side of the frontage road. The improvements to the west side of the frontage road, primarily along the frontage of the Tamarak Townhomes would be the City's obligation and is estimated at $46,755. Rochester Sand and Gravel is currently under contract to Continental and began July 24 to complete these intersection modifications. Public Works staff would recommend to the City Council an Amendment to the Development Agreement with Continental Properties that provides for the sharing of the cost for the modification to the public improvements at 25th Street SW and TH 63 West Frontage Road. The City's share of the costs will come from J-2201, General Street Resurfacing, and will be paid to Continental at the completion of the work. I� L!i COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute an Amendment to the Development Agreement with Continental Properties that provides for the sharing of the cost related to the modification of the design and public improvements at 25th Street SW and TH 63 West Frontage Road and authorize the funding of the City share of the modifications from J-2201. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: '? / 8/7/00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D. A A DESCRIPTION: IBM Development Agreement Amendment PREPARED BY: R. Freese The City and IBM entered into a Development Agreement on April 3, 2000 for numerous items related to the sale the property north of IBM to Ryan Companies for development of the Rochester Marketplace project. IBM was obligated under the terms of the Agreement to dedicate to the City the right-of-way needed for the future construction by MnDOT and the City of the TH 52 West Frontage Road from 37th Street NW to the south line of IBM's property. The right-of-way dedication was to occur by July 1, 2000. IBM has requested an extension of the date for dedicating the frontage road right-of-way until February 1, 2001. IBM's consultant, Yaggy Colby, has experienced problems obtaining precise right-of-way limits from MnDOT to use in preparing the legal description necessary for the right-of-way dedication. Additionally, IBM and MnDOT have been discussing IBM's interest in preserving the integrity of their park as it relates to the grade separation between the frontage road and the north -south park road. MnDOT proposes to construct a stormwater pond in the southeast corner of the IBM property and the sizing of this pond is being discussed between IBM and MnDOT. The Public Works staff recommends that the City Council approve an Amendment to the Development Agreement with IBM to extend the date for dedicating the TH 52 West Frontage Road right-of-way until February 1, 2001. COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute a Amendment to the Development Agreement with IBM to extend the date for dedicating the TH 52 West Frontage Road right-of-way until February 1, 2001 I NCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING q3 DATE: 8/7100 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D - aD N DESCRIPTION: Revocable Permit for Lot 1 Block 2 Circle Drive Corporate Park PREPARED BY: M. Nigbur RC Properties Inc., owner of Lot 1 Block 2 Circle Drive Corporate Park has asked the City of Rochester for a Revocable Permit to allow the overhang of a building to be placed within a 15 feet Drainage Easement. The overhang will encroach approximately 4 feet. This encroachment does not impede the maintenance or use of the drainage easement area. Staff has reviewed the request and would recommend in favor of granting a Revocable Permit. In addition to the standard conditions the permit should also state the following: • The owner agrees to restore the drainage easement to a condition approved on the original grading plan prior to the completion of the construction. Valley Figh Drive Rn S � 3 arcle Drive COUNCIL ACTION REQUESTED: Direct the City Attorney to prepare a revocable permit to allow the placement of building overhang within a Drainage Easement on Lot 1 Block 2 Circle Drive Corporate Park NCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING ? � DATE: 817/00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D -al A DESCRIPTION: Owner Contract — Watermain to serve 1808 V Avenue SE PREPARED BY: M. Nigbur Staff would Offer the following Owner Contract project for consideration by the City Council: "Watermain to Serve 1808 3rd Avenue SE"- R.L. Hexum (Owner), & Elcor Construction (Contractor). 3rd Avenue SE a Pro COUNCIL ACTION REQUESTED: Adoption of a resolution authorizing the Mayor and City Clerk to execute the City Owner Contract for "Watermain to serve 1808 3rd Avenue SE" I NCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: ?110? 8/7/00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D -?Ae M DESCRIPTION: Owner Contract — Basic Construction to Serve Pinewood Hills First Subdivision (J9692) PREPARED M. Bak Staff would offer the following Owner Contract project for consideration by the Council: • Pinewood Hills First Subdivision — Schoenfelder's Southstar, Inc. (Owner) & Griffin Construction (Contractor) are requesting a City I Owner Contract J9692 consisting of "Basic Construction to Serve Pinewood Hills First Subdivision". ... ._....... -1 C y� , _MssE C � 1 I — � i Pfliavhotltilst SELdWtan --� _^�'^f,..l LLJ Ow J V3Aµ" ice' _y COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9692 "Basic Construction to Serve Pinewood Hills First Subdivision" I NCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 17 7100 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: ITEM NO. Public Works �a?� M DESCRIPTION: Amend Owner Contract; Wedgewood Hills 3rtl Subdivision Ph II PREPARED BY: rii (J9683) M. Baker �i Background: • The Owner and City entered into a City -Owner Contract on or about April 18, 2000, whereby the City authorized the construction of the project entitled 'Basic Construction to Serve Phase II of Wedgewood Hills 3rtl Subdivision (all of Block 3, & Outlot A) — J9683". • The Owner has requested that the area charged for Trunk Line Sewer, Water Tower, and Stormwater Management, be amended to exclude the acreage that will be City Park land. City Staff is agreeable to this requested adjustment to the acreage charged for this project. Staff would offer the following Amended Owner Contract for consideration by the Council: • Wedgewood Hills 3rtl Subdivision— Phase II —Leslie Lurken (Owner) & S. L. Contracting (Contractor) are requesting a First Amendment to City / Owner Contract J9683 `Basic Construction to Serve Phase II of Wedgewood Hills 3rtl Subdivision (all of Block 3, & Outlot A)". COUNCIL ACTION REQUESTED: • Adopt a Resolution authorizing the Mayor and City Clerk to execute the Amended City / Owner Contract for J9683 'Basic Construction to Serve Phase II of Wedgewood Hills 3`tl Subdivision (all of Block 3, & Outlot A)". JNCI L ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING S I DATE: 8/7/00 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: Public Works ITEM NO. I Z) d DESCRIPTION: Pedestrian Facility Agreement — Orchard Ridge First Subdivision PREPARED BY:p j' M. Baker �N� Staff would offer the following Pedestrian Facility Agreement for consideration by the Council: • K & P Properties, is the Owner of Orchard Ridge First Subdivision. The Owner has requested that a Pedestrian Facilities Agreement be approved to address the Owners' deferment of the 10 foot wide bituminous path along the entire frontage of 65' St NW, abutting the property until such time as 650" Street NW is reconstructed. Omhwd Rdw riot 8jbdWm COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute a Pedestrian Facilities Agreement with K & P Properties for Orchard Ridge First Subdivision. NCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENTAGENDA Public Works _ ID VI DESCRIPTION: Pedestrian Facility Agreement — Christ Our Rock Lutheran PREPARED BY: Church M. Baker Staff would offer the following Pedestrian Facility Agreement for consideration by the Council: • Christ Our Rock Lutheran Church of Rochester is the Owner of Lot 1, Block 1, Christ Our Rock Subdivision. The Owner has requested that a Pedestrian Facilities Agreement be approved to address the Owners' obligations with regard to providing a concrete sidewalk along the Owner's entire easterly frontage of Rocky Creek Dr NE, and a bituminous pedestrian path along the Owner's entire frontage on East Circle Drive. � t t 8 COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute a Pedestrian Facilities Agreement with Christ Our Rock Lutheran Church for Lot 1, Block 1, Christ Our Rock Subdivision. JNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING F�� DATE: 8/7/00 AGENDA SECTION: ORIGINATING DEPT: CONSENT AGENDA I PUBLIC WORKS :RIPTION: I Feasibility Report: 'Rehab South Park Drainageway" ITEM NO. D -at0 D. Nelson Public Works has determined that it is feasible to construct improvements to the following project Proiect Number 8316-98, (J-2454) Project Name "Rehab South Park Drainageway" Project Background: This project is included in the CIP, page 46, item #20. This project will involve the placement of a low flow drainage pipe, drainage structures, grading overflow ditch, and topsoil and sod. Project Funding: This estimated costs for this project ranges from $150,000 to $250,000 based on final project scope. The project, engineering and construction will be funded with Special Assessments and tax levy. Note to Council: This project was listed in the CIP at an estimated cost of $100,000 to be comprised of $20,000 in assessments and $80,000 from reserves. It has been discussed with affected property -owners that they would be requested to pay 20% of the increased cost estimate. The developers will be providing some fill material to reduce the cost. However, it appears that some additional city cost will likely be required. n„ The source of those funds has not been determined at this time, but will need to be identified prior to the award of bids. ' 4, COUNCIL ACTION REQUESTED: ,1. Adopt a resolution establishing a Project Hearing for Sept 18, 2000. 2. Adopt a resolution establishing an Assessment Hearing for September 18, 2000. 3. Adopt a resolution authorizing the City Clerk to advertise for bids and conduct a bid opening on September 13'hat 11:00 AM. JNCIL ACTION: Motion Second by: REQUEST FOR COUNCIL ACTION MEETING DATE: 9! 08/07/00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA PUBLIC WORKS D -oZ07 DESCRIPTION: Award of Contract: PREPARED BY: "Reconstruction of 9th Avenue SW from 2nd Street SW to 4th Street R. Kelm SW' (J9524) Bids were received and opened after 11:00 a.m., August 2, 2000 for the following local improvement project: Project Number 6309-3-99, (J9524) Proiect Name "Reconstruction of 9th Avenue SW from 2nd Street SW to 4th Street SW" The following bids were received: Total Bid 1. Rochester Sand & Gravel $ 161,104.14 2. Elcor Construction $ 205,608.76 3. Road Constructors $ 254,945.73 Engineers Estimate $ 170,263.94 Project Background: The project was authorized for bidding at the May 1, 2000, City Council meeting. The project, engineering and construction will be funded with Special Assessments, Water Utility Funds and General Street Resurfacing funds (J-8308 & J-2201). This project will involve the placement of concrete curb/gutter, bituminous street construction, storm sewer, sanitary, watermain and associated sidewalk repairs. Proiect Recommendation: 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, "Reconstruction of 9th Avenue SW from 2nd Street SW to 4th Street SW" (J9524) to Rochester Sand & Gravel. COUNCIL ACTION: Motion by: Second by: to: Concrete Curb & Gutter in Reconstruction of 9th Avenue SW from 2"d Street SW to 4`h Street SW Project No. 6309-3-99 J-9524 Report On Feasibility Of 91 Proposed Local Improvement Project Project No. 6309-3-99 J. 9524 Reconstruction of 9th Avenue SW from 2nd Street SW to 4th Street SW Date: March 20, 2000 Honorable Mayor & Common Council City of Rochester, Minnesota A resolution proposing certain request for"Reconstruction of 9th Avenue SW from 2nd Street SW to 4th Street SW" was referred to the Public Works Department on January 19, 2000 for preparation of the Engineer's Feasibility Report. Engineer's Report We report the project is feasible and recommend its construction. Record plans of the existing street are unavailable. Watermain construction in this section is dated 1887 and 1949. The entire length is due for resurfacing. We recommend that the project be constructed and funded in accordance with the City's Comprehensive Pavement Management Strategy (CPMS). The CPMS is an objective, cost-effective program for the preservation, rehabilitation and reconstruction of the City's infrastructure. The most cost-effective strategy at -iis time for this street, which has a Pavement Condition Index (PCI) rating of 20, is reconstruction. Work icludes grading, watermain, sewer, resurfacing of the street, the addition of concrete curb and gutter, sidewalk and appropriate storm water drainage structures. The property owners direct contribution for reconstruction is $30.00 per assessable foot (Residential), and $48.00 per assessable foot (Commercial) frontage. The estimated costs for the street reconstruction, made without completed plans or survey are as follows: Grading & Paving, Curb & Gutter $98,000 Sidewalk Replacement $7,000 Storm Sewer Repairs/Upgrades $10,000 Watermain Replacement $55,000 Sanita Replacement $30,000 Engineering, Interest, Contingencies $60,000 otal $260,000 aD Assessment Basis for Reconstruction The cost of reconstruction as established by City Council Policy is: $30.00 per assessable foot (Residential) $48.00 per assessable foot (Commercial) Estimated assessable Residential frontage (450.10') x $30.00 per foot $13 503 00 Estimated assessable Commercial frontage (520.80') x $48.00 per foot $24 998 40 Total frontage assessments $38 501 40 Assessment Basis for Service Replacement It is expected that water line services may be replaced as part of the project. Replacement of watermain is funded 100% by the Water Utility. However, the City of Rochester's Watermain and Sewermain Policy adopted by the City Council on October 20, 1997, requires than any lead or galvanized water services must be replaced with copper as part of watermain replacement. Cost of service replacement charges for water and/or sewer will be billed directly to the property owner. If the service replacement charge is unpaid the City may levy the unpaid charge against the property as a special assessment. Payment of this assessment is required over a period not to exceed 5 years. Interest is charged at 7.5% annually from the date the service replacement is billed to the property owner at the following rates: Water 5/8" - 1" $ 800 1 '/2"- 3" $1,000 Sewer 4"- 6" 1 $ 800 8" — 12" 1$1,200 The estimated assessable cost based on (2) properties in the area that may require a 1" water service connection is $1,600. Assessment Basis for Sidewalk Replacement Replacement sidewalk is assessed by the square foot of sidewalk replaced and is assessed directly to the abutting property owner at the following rates: 4" Sidewalk (residential) $5.00 per square foot 5" Sidewalk (commercial) $5.75 per square foot 6" Sidewalk (at residential drive approaches) $6.50 per square foot 7" Sidewalk (at commercial drive approaches) $7.00 per square foot " Sidewalk residential 1,053.21 SQ. FT $5.00 $5,266.04 Sidewalk commercial 0.00 SQ. FT $5.75 $0.00 " Sidewalk at residential drive approaches) 176.96 SQ. FT $6.50 $1,150.21 " Sidewalk at commercial drive approaches) SQ. FT $7.00 $0.00 Sub Total Sidewalk $6,416.25 Assessment Basis for Drive Approach — Extra Widths qlilf All drive approaches will be replaced (at the existing width) with a concrete drive approach meeting current esign standards. Additional width is assessed by the square yard and is assessed directly to the property _wner at the following rates: 6" Concrete Drive Approach (Residential) $31.68 per square yard 7" Concrete Drive Approach (Commercial) $34.95 per square yard Since the extra width of the drive approach upgrade is entirely at the property owner's request, only the rates are given. Total Estimated Funding Distribution " K )6--. Russell Kelm, PE Design Engineer Special Assessments — Frontage $38,501.40 Special Assessments — Sidewalk $6,416.25 Special Assessments — Service Replace $1,600.00 Water Utility Funds $58,310.00 Sewer Utility Funds $37,485.00 City Share $117,687.35 OTAL $260,000.00 Doug Nelson, PE Manager of Engineering REQUEST FOR COUNCIL ACTION MEETING DATE: q3 08/07/00 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: PUBLIC WORKS ITEM NO. .6-99?—$ cM DESCRIPTION: Award of Contract: PREPARED BY: "Reconstruct 71h St NW from 461h Avenue NW west approximately R. Kelm 1300 feet" (J-9594) Bids were received and opened after 11:00 a.m., August 4, 2000 for the following local improvement project: Project No. 6207-4-00 J —9594 "Reconstruct 7` St NW from 46'h Avenue NW west approximately 1300 feet" The following bids were received: Total Bid 1. Elcor Construction $ 490,476.45 2. Road Constructors $ 524,528.80 3. Rochester Sand & Gravel $ 531,978.55 4. Hessleton Construction $ 596,370.35 Engineers Estimate $ 584,860.50 Project Background: The project was authorized for bidding at the August 16, 1999 City Council meeting. This project has been requested by the developers of Diamond Ridge and Manorwood West. This project is proposed to be funded with Contribution Agreements, Connection Charges, and Tax Levy. This project was not included in the 2000 CIP. This project will involve the placement of concrete curb/gutter, bituminous street construction, storm sewer, sanitary, and watermain. Project Recommendation: 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, "Reconstruct 71h St NW from 46th Avenue NW west approximately 1300 feet" (J-9594), to Elcor Construction. UNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE I ig-- 08/07/00 AGENDA SECTION: CONSENTAGENDA ORIGINATING DEPT: PUBLIC WORKS ITEM NO. Daq M DESCRIPTION: Award of Contract: PREPARED BY: "Concrete Curb & Gutter and Overlay Northern Hills Court NE R. Kelm from Northern Hills Drive NE West to Cul-De-Sac" (J9622) Bids were received and opened after 11:00 a.m., August 2, 2000 for the following local improvement project: Project Number 6921-00, (J9622) Project Name Concrete Curb & Gutter and Overlay Northern Hills Court NE from Northern Hills Drive NE West to Cul- De-Sac The following bids were received: Total Bid 1. Elcor Construction $ 121,269.50 2. Rochester Sand & Gravel $ 123,693.34 3. Road Constructors $ 139,074.30 Engineers Estimate $101,176.00 Project Background: The project was authorized for bidding at the May 1, 2000, City Council meeting. The project, engineering and construction will be funded with Special Assessments and General Street Reconstruction Funds. This project will involve the placement of concrete curb/gutter, bituminous street construction, storm sewer, and associated sidewalk repairs. Project Recommendation: 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, "Concrete Curb & Gutter and Overlay Northern Hills Court NE from Northern Hills Drive NE West to Cul-De-Sac" (J9622) to Elcor Construction. 1NCIL ACTION: Motion by: second by: to: Report On Feasibility Of Proposed Local Improvement Project Project No. 6921-00 J. 9622 Concrete Curb & Gutter and Overlay Northern Hills Court NE from Northern Hills Drive NE West to Cul-De-Sac Date: March 20, 2000 Honorable Mayor & Common Council City of Rochester, Minnesota A resolution proposing certain petition requesting "Concrete Curb & Gutter and Overlay Northern Hills Court NE from Northern Hills Drive NE West to Cul-De-Sac" was referred to the Public Works Department on January 19, 2000 for preparation of the Engineer's Feasibility Report. Engineer's Report We report the project is feasible and recommend its construction. The existing street was constructed with bituminous curbing in 1970 and is due for resurfacing. We recommend that the project be constructed and funded in accordance with the City's Comprehensive Pavement Management Strategy (CPMS). The CPMS is an objective, cost-effective program for the preservation, rehabilitation and reconstruction of the City's infrastructure. The most cost-effective strategy at This time for this street, which has a Pavement Condition Index (PCI) rating of 36, is rehabilitation. Work icludes resurfacing of the street, the addition of concrete curb and gutter and appropriate storm water _rainage structures. The property owners direct contribution for rehabilitation is $15.00 per assessable foot (Residential), and $22.50 per assessable foot (Commercial) frontage. The estimated costs for the street rehabilitation, made without completed plans or survey are as follows: Grading & Paving, Curb & Gutter $100,000 Storm Sewer Repairs/Upgrades $ 15,000 Engineering, Interest, Contingencies 34,500 Total $149,500 �.9 Assessment Basis for Rehabilitation The cost of rehabilitation as established by City Council Policy is: $15.00 per assessable foot (Residential) $22.50 per assessable foot (Commercial) Estimated assessable Residential frontage 1,784.41' x $15.00 per foot $26,766.15 Estimated assessable Commercial frontage 0' x $22.50 per foot $0.00 Total frontage assessments $26,766.15 Assessment Basis for Sidewalk Replacement Replacement sidewalk is assessed by the square foot of sidewalk replaced and is assessed directly to the abutting property owner at the following rates: 4" Sidewalk (residential) $5.00 per square foot 5" Sidewalk (commercial) $5.75 per square foot 6" Sidewalk (at residential drive approaches) $6.50 per square foot 7" Sidewalk (at commercial drive approaches) $7.00 per square foot Estimated assessable 4" Sidewalk = 913.60 x $5.00 per square foot $4,568.00 Estimated assessable 5" Sidewalk = 0 x $5.75 per square foot Estimated assessable 6" Sidewalk = 21.20 x $6.50 per square foot $137.80 Estimated assessable 7' Sidewalk = 0 x $7.00 per square foot Total Sidewalk assessments $4,705.80 Assessment Basis for Drive Approach Upgrades -Extra Widths Upgrading of drive approach width is assessed by the square yard and is assessed directly to the property owner at the following rates: 6" Concrete Drive Approach (Residential) $31.68 per square yard 7" Concrete Drive Approach (Commercial) $34.95 per square yard Since the extra width drive approach upgrade is entirely at the property owner's request, only the rates are given. Total Estimated Funding Distribution Special Assessments — Frontage Special Assessments — Sidewalk City Share Total P-41IcL, Russell Kelm, PE Design Engineer $26,766.15 $4,705.80 $118,028.05 $149,500.00 Doug Nelson, PE Manager of Engineering REQUEST FOR COUNCIL ACTION MEETING q I DATE: 8/07/00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D.30 _.A DESCRIPTION: ADVERTISE FOR BIDS: PREPARED BY: "Concrete Curb & Gutter on 10th Avenue SE from 16 Y2 Street R. Kelm''�� SE to 19th St SE" (J9639) This is a request for a resolution to advertise for bids for the following project: Project Number 6310-2-00, (J9639) Project Name "Concrete Curb & Gutter on 10th Avenue SE from 16 Y2 Street SE to 19' St SE". Project Background: The project hearing and assessment hearing was held at the June 5, 2000 City Council meeting. The Council authorized the project to proceed. The project, engineering and construction will be funded with Special Assessments and General Street Resurfacing funds (J-8308 & J-2201). This project will involve the placement of concrete curb/gutter, reclaiming bituminous street, and associated storm sewer. COUNCIL ACTION REQUESTED: A resolution should be adopted authorizing the City Clerk to advertise for bids and conduct a bid opening on Septeriilie� (,'20)0 at 11:00 AM. Note to City Clerk; Advertise 3 times in the Post Bulletin and Construction Bulletin beginning August 7, 2000. NCIL ACTION: Motion by: Second by: to: Concrete Curb & Gutter on 10`h Avenue SE from 16'/i Street SE to 19 Street SE Project No. 6310-2-00 J9639 FT R 0J ECPSV-PRON963 J\DcsignMucs\rca-map.doc REQUEST FOR COUNCIL ACTION MEETING DATE: lot 8/07/00 AGENDA SECTION: ORIGINATING ❑EPT: ITEM NO. CONSENT AGENDA PUBLIC WORKS D - 31 A DESCRIPTION: Request for Engineering Services for: PREPARED BY: Pavement Resurfacing and Rehabilitation on RKelm ` Trunk Highway 63 (North Broadway) from 4th Street to Northern Heights Drive (J9217 Project Number 6300-N-00 (J9217) State Project 5510-74 Proiect Name "Pavement Resurfacing and Rehabilitation on Trunk Highway 63 (North Broadway) from 4th Street to Northern Heights Drive". Proiect Description The length of the state project on North Broadway (TH 63) from 4In Street to Northern Heights Drive is 1.49 miles. Resurfacing with 3" grind and overlay will include adjusting casting on the entire length. New curb and gutter, driveway aprons and sidewalk replacement is proposed for the entire length. The section from 4th to 6th street, and 8th to 12th street, will be widened to provide a continuous left turn lane. The project is proposed for construction in 2001. Project Cost Distribution The estimated cost of the project is $1,000,000 in the 2001 State Transportation Improvement Program (STIP) with 80% Federally funded and 20% Locally funded. The City and MnDOT will enter into a Cost Share Agreement for the non -Federal share of the final project costs. Proiect Assignment The City has agreed to provide the design engineering services for the state project. Bonestroo Rosene Anderlik & Associates (BRAA) has already completed the preliminary surveying and the Geometric Layout Plans for the project and has the design capabilities available to complete the design work by September 11, 2000. The City would not be able to complete the project in the required timeline due to current project workload. Staff recommends that authorization be approved to enter into a Professional Services Agreement for final design services with Bonestroo Rosene Anderlik & Associates (BRAA) for preparation of final plans. COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to enter into a Professional Services Agreement with Bonestroo Rosene Anderilk & Associates for surveying services for preparation of final plans in an amount not to exceed $46,750. NCIL ACTION: Motion by: Second by: to: State Project (SP 5510-74) City Project (6300-N-92) J-number (J9217) Street Improvements on No. Broadway from 4th Street North to Northern Heights Drive. REQUEST FOR COUNCIL ACTION MEETING (o3 DATE: 817100 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENTAGENDA Public Works 01- I DESCRIPTION: Supplemental Agreement #1; Project 6323-2-97 (J9402) PRPARED BY-V;i� 23rd Ave. & 81/2 St. S.E. M. Easley The plans provide for the construction of 23r' Ave. S.E., 8 '/2 St. S.E., Internal campus roads at the University Center, and Environmental improvements to the Mayo Run corridor. Contract administration and engineering on the project is being handled by a local Consultant.The project is a State Aid Project so during the course of construction, changes and revisions to the contract were discussed with Public Works staff and the State Aid Office. The Format used for execution of these revisions was the State of Minnesota, Work Order form. Supplemental Agreement # 1 was written to provide for the total of Work Orders #1-6 in the customary and usual manner that extra work is provided for on a typical City project. The Engineer has prepared Supplemental Agreement #1; Project 6323-2-97 (J9402) in the amount of $38,379.66 to cover the cost of MNDOT Work Orders #1-6. Work Orders: 1, Geotextile Fabric for subgrade stabilization. ($6,499.80). 2. Watermain extension to serve future facilities ($2,950.08). 3. Pond revisions required by permitting authority ($11,788.92). 4. Irrigation water service to Roudabouts ($7,702.86) 5. Lower watermain in conflict with new storm sewer ($6,900.00). 6. Reconstruct sanitary manhole ($2,538.00). Public Works have reviewed the cost associated with the work orders and find the cost reasonable to work of this nature. MNDOT Estimating has approved the costs where applicable. COUNCIL ACTION REQUESTED: Adopt a resolution authorizing payment of Supplemental Agreement #1 in the amount of $38,379.66 Project # 6323-2-97 (J9402) 23rd Ave. & 8'/2 St. S.E. t NCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: cos sr7/00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D . 3 3 d DESCRIPTION: Supplemental Agreement # 1; Project # 9711 (J9432) Bituminous Paving on 11th Ave. S.W. PREPARED BY:i_lc - M. Easley' (L The plans provide for the grading and paving of 11" Ave. S.W. from 48" St. S.W. south to the south addition line of Southern Hills Subdivision. The plans provided for the paving of this gravel road to a minimal width of 24' with 8' gravel shoulders. In recent years development along 11'" Ave. S.W. and the surrounding area has taken place and continues to grow. 11" Ave. S.W. is a major collector street. It was therefore determined to be in the Publics best interest to construct the roadway with future traffic needs in mind, and provide for the paving of bituminous to a 36' width. In addition the paved shoulders (6'wide on each side) will provide for safer pedestrian movements along this corridor. The Engineer has prepared Supplemental Agreement #1 Project # 9711 (J9432) in the amount of $33,042.40 to cover the cost of: 1. Paving of two 6' wide bituminous shoulders on 11'Ave. S.W. 2. Sawing and sealing joints in the new pavement. Costs for this work are calculated using the bid unit prices and the extension of the original quantity for bituminous paving, in accordance with specification. Public Works has verified that the unit bid prices were consistent with bid prices received on other projects of this nature. COUNCIL ACTION REQUESTED: Adopt a resolution authorizing payment of Supplemental Agreement #1 in the amount of $33,042.40 Project 9711 (J9432) 111" Ave. S.W. INCIL ACTION: Motion by: Second by: to: AGENDA SECTION: CONSENT AGENDA 41 DESCRIPTION: REQUEST FOR COUNCIL ACTION ORIGINATING DEPT: Public Works Agreement # 2; Project # 9711 MEETING 101 DATE: 8/7/00 ITEM NO. PREPARED BY: Bituminous Paving on 11th Ave. S.W. I M. Easley The plans provide for the grading and paving of 11" Ave. S.W. from 481, St. S.W. south to the south addition line of Southern Hills Subdivision. This project was awarded in the late summer of 1999 with intentions of completion in 1999. Work was coordinated with Olmsted County who was under contract to complete the initial grading of this section of I Vh Ave.S.W. The County contract work was henceforth delayed with utility conflicts and the final grading and paving work of this contract could not reasonably be accomplished prior to winter. During the course of winter and early spring the cost of fuel and bituminous oils substantially rose. It therefore, has become necessary, pursuant to contract provisions, to compensate the contractor for bituminous oils at the current market value. The Engineer has prepared Supplemental Agreement #2 Project # 9711 (J9432) in the amount of $25,665.29 to cover the cost of: Increase in PG asphalt oil costs from $105.00 / ton to $180.00 / ton. Increase in tack oil costs from $0.51 / gallon to $0.75 / gallon Public Works has reviewed these costs based on invoices from the bituminous materials supplier and calculated them using the percent of oil in the approved bituminous mix design and application rates governed by specification. These adjusted costs are inexpensive when compared to bituminous costs bid since oil costs rose. COUNCIL ACTION REQUESTED: Adopt a resolution authorizing payment of Supplemental Agreement #2 in the amount of $25,665.29 Project 9711 (J9432) 111h Ave. S.W. INCIL ACTION: Motion by: Second REQUEST FOR COUNCIL ACTION MEETING DATE: AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: Public Works ITEM NO. _ p —3 S �.A DESCRIPTION: Bids Received for Parking Control Equipment PREPARED BY: D. Rossman P� Bids were received August 2, 2000 for City Project 8215-35 2000 J-2574 "Upgrade Parking Ramp Revenue Control System" in three of the City's five Parking Ramps. This project is shown on page 345 of the year 2000 City budget. The bids received are as follows: Vendor Amount Equipment Brand & Model Don Harstad Company Inc. Base Bid $135,018 Integrated Controls Systems Intemational Option $ 50,197 Upgrade to Advanced Technology Total $ 185,215 McGann Associates, Inc Base Bid $ 109,509 Amano Model AGP-5210 Option $ 101,780 Upgrade to Advanced Technology Total $ 211,215 The base project includes acquisition and installation of Parking Ramp Revenue Control Equipment such as Fee Computers, Ticket Validators, Fee Display Units, Validation Software, Revenue Software and other miscellaneous items. This is basically the replacement of older wom out failing units, along with upgrading to new software & technology. The new equipment has the capability of managing the counting system in each ramp, along with the revenue, and the hotel validation. The advanced technology includes machine-readable tickets. This technology can either be bar-code system or magnetic stripe. This will be a labor saver, and will allow the Republic Parking Systems, Inc to discharge the customers in a shorter time. Republic recommends the use of the machine-readable tickets. Recommendation: Republic Parking Inc has the Integrated Controls Systems Intemational (ICSI) equipment inplace in other facilities in their company and highly recommends the product. ICSI equipment uses off the shelf equipment that is available from multiple vendors and is compatible with existing ticket dispensers. Staff has reviewed the bids received and recommends proceeding with the Advanced Technology of machine-readable tickets and awarding the contract to Don Harstad Company. COUNCIL ACTION REQUESTED: Adopt the prepare resolution accepting the bid of the Don Harstad Company including the advanced technology equipment and authorize City officials to sign the Contract. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING ( t j DATE: 8-7-00 AGENDA SECTION: ORIGINAT Public Works D_ ING DEPT.: ITEM NO. CONSENT AGENDA ?J� M DESCRIPTION: Revocable Permit for Mayo Clinic Security Camera PREPARED BY: n D. Rossmar The City has received a request from Mr. Mark Strelow of Mayo Clinic (266-8209) for a Revocable Permit for security camera and cable to be installed on the City's 3rd Street Ramp. The camera mounted in this location would provide Mayo the ability to remotely monitor the dock area of the newly constructed stabile Building located west of the ramp. Staff has reviewed the requests and would recommend in favor of the request. COUNCIL ACTION REQUESTED: Adopt the prepared resolution approving the request and adding paragraph (3) to section S "Revocable Permits" of the Comprehensive Traffic Resolution Book to read; (3) 3' street Ramp, a security camera and conduit for Mayo Clinic 200 First Street SW Rochester Minnesota, 55905 INCIL ACTION: Motion by: Second to: July 14, 2000 Mr. Dave Rossman Rochester Public Works City of Rochester 201 4ch Street S.E. Rochester, MN 55904 Dear Dave, Mayo Clinic 200 First Street SW Rochester, Minnesota 55905 507-284-2511 Facilities Project Services Per our discussions a couple of weeks ago on the phone, this is a formal request to install a camera on the Yd Street City Ramp. Mayo has currently occupied the Stabile Building to the West of the Ramp. This camera would be mounted on the West face of the ramp pointing toward the dock of the Stabile Building. Access to the dock of the Stabile is hidden from 3rd Street and there is concern for security. Mayo would bear all expenses for cable and conduit and would use existing routing as much as possib] to get to the security equipment in the mechanical room below. Mayo would extend the existing pow( circuit for existing Mayo security equipment (existing access gate). Thank you for this consideration. If you or others would like more information, please feel free to call me at (507) 266-8209. Please advise. Sincerely, Mark L. Strelow Mayo Clinic Communications Technology Services MLS/jw M/docs/mis/rossman71400 cc: Scott Oesterlin Dave Skare REQUEST FOR COUNCIL ACTION MEETING Consent Agenda I City Clerk DESCRIPTION: Request for Bids for Painting of Digester Gas Sphere at Water Reclamation Plant This is a request for approval to advertise for bids for the following project: Repainting of an existing, previously painted, 50-foot diameter steel methane gas storage sphere located at the Water Reclamation Plant. Sealed bids will be received by the City Clerk until 11:00 A.M., August 16, 2000. COUNCIL ACTION REQUESTED DATE: 8/ D- BI Judy Scherr A motion to adopt the prepared resolution requesting bids for Repainting of an existing, previously painted, 50-foot diameter steel methane gas storage sphere located at the Water Reclamation Plant. COUNCIL ACTION: Motion by: second to: REQUEST FOR COUNCIL ACTION MEETING DATE 16 8-7-00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS Public Works S — 1A DESCRIPTION: Permit Parking Petition from Edison Neighborhood PREPARED Atj� ti?, D. Ros This is a Public Hearing to establish Permit Parking on 9'n Avenue SW 1500 block. The residents have petitioned this so that they can park in front of their own homes without receiving a parking ticket. The area is shown on the attached map. This street is located within the Edison Neighborhood where Permit Parking has already been established in two locations. The petition has been reviewed as to meeting the requirements of R.C.O. #138 and staff finds that all conditions are met. The street requested is impacted heavily by all day parking Monday thru Friday from a source outside the neighborhood. There is a parking restriction inplace on the west side from 1 lam to noon, Monday thru Friday that was installed in 1992 to deal with the problem. This restriction would be removed. No parking at all is allowed on the east side. This is due to the narrow street width and this restriction will remain. The block involved is zoned for residential use. The following is the normal review data. Block streetlrow width # of signers # of buildings % signing 9th Avenue / 500 block 24/75 8 10 80 % All conditions are met, therefore staff would recommend in favor of the petition. r" 4 COUNCIL ACTION REQUESTED: Adopt the prepared resolution making the following changes to the Comprehensive Traffic & Parking Resolution Book: A) adding paragraphs (4) to Zone 96 (Edison Neighborhood) of section L "Residential Permit Parking to be effective from 8:00 am to 4:00 pm Monday thru Friday" (4) 9' Avenue SW / 500 block, on the west side of the street. B) delete paragraphs (173.1 and 173.2) of section B "No Parking Zones" which read: (173.1 and 173.2) 9' Avenue SW / 500 block, on the west side of the street, from 1 lam to noon, Monday thru Friday. COUNCIL ACTION: Motion by: second by: to: Zone 6- Edison Neighborhood I Ii �l IIi-� III eu1aw� �7Y! 720 l+e Ma:e eop Of 410 1x 7+9 —M Ill _.—._..— �----� e+x elf epe ele em _F_ e9 ex 70e 710 7+] exi Bte em ..1M 71e 7/ 70e aex eae me eel � all e1e e01 e10 a1 I flx !m !m elei eee of e:e: E °0 429 1tle; 171,1 _ 612 —_I I ee9 17 ]te_�a eall Tae all 119R+a� 611 !t S1 al 810 71 71e >02 Boo pp eta eta °19 all t° n a % 7x11, 711 70 rnwv 780 7m iYx 71e 71x 16f px em em 6PaIjFS-1. F — 71 �� ° ]+ 71] 71e 11° 716 1 7te lm -- 7m 1]0 7M ea ex 1a --- 7Y7 M et 61 732 m° I .... z— rnwv-___- LEGEND Proposed Permit Parking Existing Permit Parking 0 REQUEST FOR COUNCIL ACTION MEETING (((�_ DATE: 8/7/00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS CITY ADMINISTRATOR C_ _;2- 1 DESCRIPTION: BUSINESS SUBSIDY HEARING - DEVELOPMENT BY MF PREPARED BY: HOLDINGS AND WSI, INC. OF MANUFACTURING FACILITY G. NEUMANN The City staff has been working with WSI, Inc. and MF Holdings on a project that would lead to the construction of an approximate 70,000 sq. ft. manufacturing building in the City -owned Rochester Technology Park. WSI Industries, Inc. became the owner of the Bowman Tool and Manufacturing, Inc. business in 1999. Since that time, they have added approximately 25 new employees, bringing their total employees to 67. They have run out of room at their existing leased facility and need to expand. They are projecting that they may add 26 additional employees in future years. WSI Industries, Inc. has proposed to purchase 6.3 acres of land from the City in the Rochester Technology Park. On this parcel, MF Holdings (Weis Builders) would construct the 70,000 sq. ft. facility under a lease arrangement for at least 10 years. The City has proposed that MF Holdings purchase this property at a less than market rate price of $1 per square foot, approximately $275,000. This represents a reduction in price of approximately $275,000, which would represent a business subsidy by the City to WSI Industries, Inc. and MF Holdings. Under the business subsidy law adopted in 1999, there are requirements for a public hearing and documentation of the rationale for the business assistance. The purpose for the business subsidy in this instance is to secure the additional tax base that would be provided by the construction of the 70,000 sq. ft. facility and to achieve and secure further business development in the City -owned Rochester Technology Park. Staff believes that this project will be a good fit for the technology park that the City has developed and will be compatible with the existing and future businesses. Under terms of the business subsidy law, the reduction of $275,000 in the price of the land would be considered to be a "forgivable loan" and would need to be repaid by MF Holdings and WSI Industries in the event that they defaulted under the terms of the agreement and did not complete the facility as planned. As a development to secure tax base and further development in the City -owned Rochester Technology Park, the City is meeting purposes specified in the business subsidy law other than job retention or creation and is not establishing wage and job goals under the business subsidy provisions. The City has separately negotiated a Development Agreement with MF Holdings and WSI Industries, Inc. Under terms of this development agreement MF Holdings, as the owner of the building, is responsible, together with WSI Industries, for the retention of 66 full-time jobs for 2002, 2003, and 2004 and at least 78 full-time equivalent jobs from 2005 to and including 2011. WSI has indicated that the new jobs are anticipated to have an average annual wage plus benefits of $30,000. In the event that the existing jobs and the future new jobs are not created or retained, then repayment of a portion or all of the $275,000 reduction in price for the land can be required by the City. Since the building will be owned by MF Holdings, they are the signatory party to the agreements with the City. By a separate agreement with WSI Industries, Inc., MF Holdings will make arrangements for repayment provisions in the event the current and projected jobs are not retained or created. #hat 14 COUNCIL ACTION REQUESTED: 1. Adopt prepared resolution approving the agreements for the MF Holdings/WSI Industries, Inc. project. 2. Approve the business subsidy agreement with MF Holdings. 3. Approve the Development Agreement with MF Holdings. 4. Approve the purchase agreement with MF Holdings for the sale of the West 569 feet of Lot 1, Block 2 of Rochester Technology Park. NCIL ACTION: Motion by: second by: to: Me Exhibit A (c1`7 Notice of Public Hearing Relating to Proposed Business Subsidies for MF Holdings/WSI Industries Project NOTICE IS HEREBY GIVEN that the Common Council (the "Council") of the City of Rochester, Minnesota, will hold a public hearing on August 7, 2000, at a meeting of the Council beginning at approximately 7:00 p.m., Central Time, in the Council/Board Chambers located in the Government Center, 151 4`h Street SE, Rochester Minnesota, Rochester City Hall, on a proposed business subsidy for MF Holdings ("MF Holdings") under Minnesota Statutes, Sections I I6J.993 through I I6J.995 (the "Business Subsidy Law"). It is proposed that the City would sell approximately 6.3 acres of land to MF Holdings, which, under a certain Development Agreement with the City, would construct an approximately 70,000 square foot building on the land for lease to WSI Industries. As an inducement, the City would sell the land for one dollar per square foot less than its estimated market value, resulting in an estimated subsidy of approximately $275,000. Because the City would be entering into the Development Agreement in order to achieve business park development and tax base goals, no specific job and wage goals would be required under the Business Subsidy Law, but the City would impose certain job standards under its own discretionary policies. Copies of the Development Agreement, a proposed Business Subsidy Agreement between the City and MF Holdings and a summary of the terms of the subsidy are available at City Hall. All persons may appear at the public hearing and present their views orally or in writing on the proposed subsidy and on the proposal that no specific wage and job goals be required. 1191482.1 F Summary of the Terms of City of Rochester/MF Holdings Fitness Business Subsidy The City of Rochester proposes to enter into a Development Agreement with MF Holdings. The basic terms and description of the subsidy under the Development Agreement are that the City would sell to MF Holdings the approximately 6.3 acres of specified land for a purchase price of $1.00 per square foot less than the land's estimated market value, resulting in a subsidy of approximately $275,000, with the agreement that MF Holdings would complete on the land an approximately 70,000 square foot building and related facilities for lease to WSI Industries, Inc. The City believes that this assistance under the Development Agreement and/or related purchase agreement for the land would constitute a "business subsidy," which is defined in Minnesota Statutes, Section 1161993, Subdivision 3, to include a contribution of real property. The City estimates that the subsidy has a fair market value of $275,000. The proposed form of the Development Agreement is available for inspection at City Hall, as is the proposed Business Subsidy Agreement between the City and MF Holdings. 1191482.1 (Iq Business Subsidy Agreement This Business Subsidy Agreement (the "Agreement") is dated as of August 7, 2000, and is between the City of Rochester, Minnesota (the "City"), and MF Holdings, a Minnesota general partnership ("MF Holdings"). The City and MF Holdings recognize and agree that the City assistance to MF Holdings under that certain Development Agreement (the "Development Agreement"), dated as of August 7, 2000, between said parties is a "business subsidy" under Minnesota Statutes, Sections 116J.993 through 116J.995, as amended (the "Subsidy Law"), and is subject to the provisions thereof, including without limitation reporting requirements and five year commitment by MF Holdings. The basic terms and description of the subsidy under the Development Agreement are that the City would sell to MF Holdings the approximately 6.3 acres of specified land for a purchase price of $1.00 per square foot less than the land's estimated market value, resulting in a subsidy of approximately $275,000, with the agreement that MF Holdings would complete on the land an approximately 70,000 square foot building and related facilities for lease to WSI Industries, Inc. (the "WSI Facility"). Accordingly, it is agreed: (a) The estimated fair market value of the subsidy is $275,000. The type of the subsidy is contribution of property. The subsidy relates to MF Holdings's construction of the WSI Facility and lease thereof to WSI Industries, Inc. ("WSI"). (b) The public purposes of the subsidy are to further development of the business park and to increase the City's tax base. (c) For purposes of Section 1161994, Subdivision 3, of the Subsidy Law, the goals of the subsidy are MF Holdings' completion of the WSI Facility and MF Holdings' leasing thereof to WSI for at least five years after the "Benefit Date" of the subsidy, as defined in the Subsidy Law, which is hereby determined to be the date of the actual date of closing on the City's sale of the land to MF Holdings. (d) For purposes of the Subsidy Law, the subsidy is considered to be a forgivable loan to MF Holdings from the City. The City and MF Holdings agree that a material default by MF Holdings under this Agreement shall be a default under the Development Agreement to the same extent as though expressly stated therein and shall entitle the City to exercise any and all remedies the City may have upon such default under the terms of the Development Agreement, including without limitation applicable financial remedies/obligations. In addition, as required by Section I I6J.994, Subdivision 6, if MF Holdings is in default under this Agreement, subject to any remedial provisions of the Subsidy Law as may be applicable, MF Holdings shall be obligated to repay all of the assistance ($275,000) plus interest at the implicit price deflator, as defined under Minnesota Statutes, Section 275.70, Subdivision 2, 1191482.1 1A0 with (in order to avoid over -repayment) credit against such repayment liability for any repayments made under the Development Agreement. The subsidy is needed in order to induce MF Holdings to complete the WSI Facility in the City. MF Holdings covenants that it will continue to lease the WSI Facility to WSI for at least five years after the Benefit Date. (e) MF Holdings represents that it has no parent corporations. (f) MF Holdings represents that the following are all of the State of Minnesota and "local government agency" grants (other than the subsidy hereunder) to the WSI Facility: Grantor Value ($) Grantor Value ($) (g) MF Holdings represents that it is not in default on the date hereof on any subsidy agreement entered into by MF Holdings under the Subsidy Law. (h) The Cityhas determined after public hearingthat, forpurposes ofthe Subsidy Law and this Agreement, creation or retention of jobs is not a goal of this subsidy, and therefore no specific wage and job goals are required under this Agreement. (i) MF Holdings shall complete and file with the City from time to time the report in the form of the attached Exhibit A. The Subsidy Law provides that if MF Holdings does not make such reports, when due, the City must mail MF Holdings a warning within one week of the required filing date, and if, after 14 days after the postmark date of that warning, MF Holdings continues to fail to report, then MF Holdings is required to and shall pay the City a penalty of $100 for each subsequent day until the report is filed, up to a maximum of $1,000. MF Holdings shall file these reports with the City, in care of its Assistant Administrator, (1) on March 1 of each year, beginning with the March 1 immediately following the Benefit Date, and (2) within 30 days after the "Compliance Date," hereby defined to be the date which is two years after the Benefit Date. Each March 1 report shall report on the prior calendar year, and each other report shall report on the period since the last reporting period. 0) This Agreement is intended to be the "subsidy agreement" required by Section 1161994, Subdivision 3, of the Subsidy Law. In the event that any provision of this Agreement in inconsistent or in conflict with any provision of the Subsidy Law, and in the event that any provision of the Subsidy Law provides additional requirements, the provisions of the Subsidy Law shall apply and govern. In addition, MF Holdings agrees to provide the City with any additional information which may be required in order for the City to comply 1191482.1 2 (RI with its reporting requirements, as they may exist or be amended from time to time, under the Subsidy Law. (k) Nothing in this Agreement is intended to limit the terms of the Development Agreement. To the extent that provisions herein are more extensive or restrictive than any related term in the Development Agreement and to the extent said terms herein are required by the Subsidy Law, the provisions hereof shall govern. The above commitment of MF Holdings to lease the WSI Facility to WSI for at least five years from the Benefit Date is a requirement of the Subsidy Law (subject to procedures therein allowing relaxation or waiver of said requirement) and shall apply and govern. By the same token, however, said five year commitment shall not limit a longer commitment, if any, made by MF Holdings under the Development Agreement. IN WITNESS WHEREOF, the City and MF Holdings have duly executed this Agreement by their duly authorized representatives. CITY OF ROCHESTER, MINNESOTA By Its Mayor By Its City Clerk (SEAL) 1191482.1 MF HOLDINGS, A Minnesota General Partnership Lo J.B. Weis, General Partner Erik J. Weis, General Partner Development Agreement This Agreement is dated as of August 7, 2000; is by and between the City of Rochester, Minnesota (the "City"), and MF Holdings, a Minnesota general partnership (the "Developer"); and provides as follows: Recitals. (a) The City owns the real property (the "Property") described in the attached Exhibit A, has extensively improved and installed basic public infrastructures for the Property and has included the Property within its Development District No. 7. (b) The Developer has proposed to acquire the Property from the City, to construct on the Property an approximately 70,000 square foot building and related site improvements (the "WSI Project"), and to lease the WSI Project to WSI Industries, Inc. ("WSI") for its business use and occupancy. (c) As an inducement to the Developer to undertake and complete the above - described transactions, the City is selling the Property to the Developer for a purchase price which the City and the Developer hereby conclusively agree for purposes of this Agreement to be $275,000 less than the assumed and estimated fair market value of the Property. Said $275,000 is hereinafter referred to as the "Assistance." 2. Completion of WSI Project. Upon the City's sale of the Property to the Developer, the Developer shall proceed to construct and complete the WSI Project and lease the same to WSI. The Developer shall construct and complete the WSI Project in accordance with all applicable City Code requirements and other applicable law. 3. City's Reversionary Interest in the Property. The Property is transferred to the Developer with the express understanding and agreement that the Developer will construct the WSI Project on the Property and lease the WSI Project to WSI through the end of calendar year 2011. If by October 1, 2001, the Developer has not substantially completed the WSI Project, then the Property shall revert to the City, and the Developer will execute such deeds and other documents as may be necessary to revest title to the Property in the City. If the Developer elects to take out a construction loan for the purpose, but solely for the purpose, of constructing the WSI Project, the City will execute an appropriate subordination of this reversionary interest in the Property to the Developer's lender, provided that the City shall first have received the mortgage and other documents involved in that construction loan and shall have reasonably determined that the loan is sufficient, together with other funds demonstrated to be available to the Developer, to complete the WSI Project. Such financing to the Developer, however, shall not involve any other debt unrelated to the completion of the WSI Project. 1191561.1 (R3 4. Job Covenants: Possible Repayment of Assistance. The Developer hereby agrees that throughout the "Term" (hereby defined for purposes of this paragraph 4 to be the 2002 through 2011 calendar years, inclusive), as conditions to its retention of the Assistance hereunder. (a) WSI shall have maintained at the WSI Project at least 66 full-time equivalent jobs in each of the calendar years 2002, 2003 and 2004 and at least 78 full-time equivalent jobs in calendar year 2005 and in each subsequent calendar year to and including 2011 (collectively, the "Jobs"). (b) The determination of whether the Jobs have been maintained shall be made on an annualized weighted average basis. By January 31, 2003, and each January 31 thereafter throughout the Term, the Developer shall file (or cause WSI to file) a written report with the City which calculates and certifies the employment levels for the prior calendar year, together with sufficient data supporting those determinations. The Developer shall (or shall cause WSI to) supply such additional information as the City may reasonably request to substantiate or verify those determinations. (c) For each calendar year in which the number of Jobs is more than 50 but less than 66, said shortfall shall not constitute a default hereunder, but the Developer shall repay to the City an amount equal to A multiplied by B, where A equals 66 minus the number of Jobs actually maintained and B equals $1,718.75, which is 6.25% (one -sixteenth) of 10% of the Assistance. This paragraph 4(c) applies to the calendar years 2002, 2003 and 2004. (d) For each calendar year in which the number of Jobs is more than 50 but less than 78, said shortfall shall not constitute a default hereunder, but the Developer shall repay to the City an amount equal to A multiplied by B, where A equals 78 minus the number of Jobs actually maintained and B equals $982.14, which is 3.57% (one -twenty -eighty) of 10% of the Assistance. This paragraph 4(d) applies to calendar year 2005 and each subsequent calendar year to and including 2011. (e) If, in any single calendar year, the number of Jobs is 50 or less, said shortfall shall not constitute an Event of Default hereunder, but the Developer shall repay to the City $27,500 (10% of the Assistance). If the number of jobs is 50 or less in each year of any period of three consecutive calendar years, then the Developer shall repay to the City all of the Assistance which has not theretofore been repaid by the Developer. Any such repayments which the City shall require the Developer to make shall be made promptly upon written demand by the City. And the obligations under this paragraph 4 are imposed by the City in its own discretion and pursuant to its own policies and elective standards and not under or subject to the requirements of Minnesota Statutes, Sections 116J.993 through I I6J.995. 5. Filing. This Agreement shall be recorded against the Property, and the City shall pay any fees associated therewith. 1191561.1 2 [aj 6. Miscellaneous. This Agreement shall be governed by the laws of the State of Minnesota and may be executed in any number of counterparts, each of which shall constitute an original hereof and all of which shall constitute one in the same instrument. MF HOLDINGS, A Minnesota General CITY OF ROCHESTER, MINNESOTA Partnership QI M J.B. Weis, General Partner Erik J. Weis, General Partner STATE OF MINNESOTA ) ) ss. COUNTY OF OLMSTED ) By Charles J. Canfield, Its Mayor By Judy Kay Scherr, Its City Clerk (SEAL) The foregoing instrument was acknowledged before me this day of , 2000, by J.B. Weis and Erik J. Weis, the general partners of MF Holdings, a Minnesota general partnership, on behalf of said partnership. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF OLMSTED ) The foregoing instrument was acknowledged before me this day of , 2000, by Charles J. Canfield and Judy Kay Scherr, the Mayor and City Clerk, respectively, of the City of Rochester, Minnesota, on behalf of said City. Notary Public 1191561.1 REQUEST FOR COUNCIL ACTION MEETING 10[ DATE 8-7-00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING �- '-3 A DESCRIPTION: Final Plat #00- 21 to be known as Christ Our Rock PREPARED BY: Subdivision. Brent Svenby August2,2000 Planning Department Review: Staff has reviewed this final plat application and recommends approval subject to the following conditions or modifications: 1. Prior to the recording of the final plat documents (mylars), annexation #00-09 must be approved by MN Planning/Office of Strategic and Long Range Planning. 2. Prior to the issuance of building permits for the property, storm water management shall be approved for the property. If the applicant requests to participate in the City's Regional Stormwater Management Plan, said fees must be paid prior to the issuance of building permits. Council Action Needed., 1. If the Council wishes to proceed a resolution approving the plat can 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/Auditors Statement 4. Recording Fee 5. Title Opinion 6. 1 Original Plat Mylar 7. 3 Mylar Copies of Plat Attachment: 1. Staff Report dated August 2, 2000. Distribution: ! 7 1. City Attorney 4�I 2. Planning Department File 3. Planning Department —GIS 4. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, August 7, 2000, in the Council/Board Chambers at the Government Center, 151 4th Street SE. 5. Yaggy Colby Associates I NCIL ACTION: Motion by: Seoond by: to: 13k Final Plat #00-21 Christ Our Rock 1,100' Notification Distance Ward 5 Evans 07/25/00 --�— %'( National 2 Volleyball Z Center z Century High School Ili�rtr���� �UrJI Irp/I O�p�q�1�„p�pBl 1 . ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 TO: Rochester Common Council ADMINISTRATION/ 507/285-8232 PLANNING GISlADDRESSING/ 5071285-8232 FROM: Brent Svenby, Planner MAPPING HOUSING/HRA 507/285-8224 DATE: August 2, 2000 BUILDING CODE 507/265-8213 WELVSEPTIC 507/285-8345 FAX 507/267-2275 RE: Final Plat #00-21 to be known as Christ Our Rock Subdivision. Planninq Department Review: Applicant/Owner: Christ Our Rock Lutheran Church 942 9" Ave. NE Rochester, MN 55906 Surveyors/Engineers: Yaggy Colby Associates 717 Third Ave. SE Rochester, MN 55904 Referral Comments: 1. Planning Department - Wetland LGU 2. Planning Department — Addressing 3. Planning Department - Transportation 4. RPU Operations Division 5. RPU Water Division 6. MnDOT 7. Rochester Public works Department 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 the north/east side of CSAH 22/East Circle Drive. Zoning: The property is zoned R-1 (Mixed Single Family) district on the City Zoning Map. Proposed Development: The applicant is proposing to build a Church facility at this location. A residential collector road is proposed along the westerly side of the parcel, which will be aligned across from Rocky Creek Drive NE. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER we,w Page 2 o Christ Our Rock Subdivision August 2, 2000 Streets: The Plat proposes one new public roadway, Plateau Drive NE, that will serve this property and the abutting properties. This road is proposed as a residential collector with 80' of right-of-way and is aligned across CSAH 22/East Circle Drive from the existing Rocky Creek Drive intersection. Sidewalks: Sidewalk is required on both sides of Plateau Drive NE. A trail is also required along CSAH 22/East Circle Drive. Drainage: This site is relatively flat. The applicant has indicated that they will request to voluntary participation in the City's Regional Stormwater Management Plan. The grading and plan has been approved for this property. Wetlands: The Soil Survey and National Wetland Indicator maps were reviewed for the presence of wetlands. These maps do not indicate the presence of wetlands on this site. Public Utilities: Sanitary sewer is not currently available at the site to serve this property. There is an executed and approved development agreement for this property that allows the applicant to utilize a septic holding tank, initially, with a requirement for connection to the City's sanitary sewer system in the future. Water is available to serve this property. Spillover Parking: Spillover parking for this Plat will be evaluated when the site development plan for the development is submitted. Parkland Dedication: General Development Plan: Preliminary Plat: If this property develops with a church, as proposed, there would not be a requirement for parkland dedication. This property is included within the Christ Our Rock Lutheran Church GDP which was approved June 5, 2000. A preliminary plat for this property was approved by the City Council on June 5, 2000 with the following conditions: 1. Right and left turn lanes shall be required from CSAH 221East Circle Drive. 2. Storm Water Management must be provided for this property. 3. When platted, the entire 80'right-of-way for the public road shall be platted and controlled access shall be platted along the entire frontage of CSAH 22/East Circle Page 3 1 0-;iq Christ Our Rock Subdivision August 2, 2000 Drive and also along the new roadway from CSAH 22 northerly to a point 200 feet along the east side and 180 feet along the west side. 4. Pedestrian facilities must be constructed concurrent with development of this property along both sides of the new roadway and also along the frontage of CSAH 22/East Circle Drive adjacent to this property or execution of a pedestrian facilities agreement. 5. Easements for utility extension and a temporary turn -a -round will be required prior to recording the final plat documents (mylars). 6. Sanitary sewer and water service lines must be extended to the adjacent property lines. 7. The median traffic island is not needed. The Plat shall be revised to provide a 44 foot wide face to face section to be constructed along the entire length of Rocky Creek Drive NE and striped as a three lane section. Planning 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. Prior to the recording of the final plat documents (mylars), annexation #00-09 must be approved by MN Planning/Office of Strategic and Long Range Planning. 2. Prior to the issuance of building permits for the property, storm water management shall be approved for the property. If the applicant requests to participate in the City's Regional Stormwater Management Plan, said fees must be paid prior to the issuance of building permits. 1�0 ROCHESTER Minnesota 8/l/00 TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DEPARTMENT OF PUBLIC WORKS 201 4" Street SE Room 108 Rochester, MN 55904-3740 507.287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the requested application for Final Plat #00-21 on the Christ Our Rock Subdivision property. The following are Public Works comments on the proposal: 1. A Development Agreement has been executed for this property. Charges/fees that are applicable to the development of the property have been addressed in the Development Agreement, with the exception of: Traffic Signs as determined by the City of Rochester Traffic Division: C:ITEMP1FP#00-21.doc TRANSPORTATION STAFF (3( 7ULY 2000 City Rest Dev 0.20 No comment The Gardens City Fin Plat 00-21 No comment — access control and casement for walkway / trail consistent with Christ Our comments from preliminary plat. Rock City Fin plat 00-33 Development of Lot 2 may be subject to requirement for Traffic Impact Study Menards South dependin on the type and intensity of use. No traffic study required at this time County Cuse 00-13 Consideration should be given to installation of a bypass lane at the intersection of Ratfield 29"St and CSAH 36 to facilitate safety of left turning traffic from southbound Buddhist Marion Rd onto 29'" St. Bypass lane would be constructed along west shoulder of Temple Marion Road to allow through traffic to pass left turning traffic on the bypass lane, thus averting need for significant speed changes on the part of through traffic and providing left turning traffic the equivalent of a dedicated left turn lane. County Final Plat 00-2 No comment Oak Bluff City Final Plat 0-30 . Final plat should include indication of controlled access along frontage of Deerhaven CSAH 22 and 16th Ave except for designated access opening • Development agreement should address contributions for turn lanes and acknowledgment of future trail construction along frontage of property which may require possible easement area for completion. County C Use 0-12 Access point to CR 133 should be aligned with Kristen Drive on south side of Fitzpatrick West River Road City GDP Amend No comment 150— Valley Side County ZC 0-11 No comment Olmsted Co Bd City Final Plat 0-28 The long term traffic projections for Bandel Road indicate future volumes in the Crown Subd range of 10-12,000 ADT, which will require development of a collector type of street cross section. The Long Range Bicycle Facility plan also calls for development of a Neighborhood Connector Trail along this corridor, which will serve to connect residential areas to the north and east of the corridor with the main trail system developed along 55" St NW. In order to accommodate the improvements required for the projected traffic volumes and the development of a trail, a 50 foot corridor from the centerline will be needed. The proposed plat should indicate an additional 17 feet of right of way along Bandel Road or a combination of right of way and easement area for development of a trail that will equal the needed 17 feet. REQUEST FOR COUNCIL ACTION MEETING (3 3 DATE 8-7-00 AGENDA SECTION: ORIGINATING DEPT: ITEASvenby, PUBLIC HEARINGS PLANNING J DESCRIPTION: Final Plat #00- 33 to be known as Menards South PR Subdivision. B August 2,2000 Planning Department Review: The Planning Staff has reviewed the submitted final plat. The developer has executed a Development Agreement with the City for the final plat. The Council will act on the Development Agreement on August 7, 2000. If the Development Agreement is approved on August 7, 2000, staff would recommend approval of the final plat. Council Action Needed: 1. If the Council wishes to proceed a resolution approving the plat can 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. 3 Mylar Copies of Plat Attachment: 1. Staff Report dated August 2, 2000. Distribution: 1. CityAttomey 2. Planning Department File 3. Planning Department —GIS 4. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, August 7, 2000, in the Council/Board Chambers at the Government Center, 151 4th Street SE. 5. YaggyColby Associates PO vlbJ� WP INCIL ACTION: Motion by: Second by: to: Hill Final Plat #00-33 Menards South Subdivision 1,300' Notification Distance Ward 1 Hanson 07/25/00 Me0 f 19 � • i��ICJ17� . 11►► Car, .0, L( 40 Memorandum To: Mayor and Common Council From: Brent Svenby, Planning Department Date: 08/07/00 Re: Hearing Item E-4 - Final Plat #00-33 Menards South Since the Development Agreement is not on the agenda this evening, staff would recommend the following condition: 1. Prior to the recording of the final plat documents, the Development Agreement shall be approved by the City. in ]i � • ��1 �i I � I s :yy prp � R d 0311Vf dNn ppF S•F I a]1LV1dNn r------------ 3'n--tZ e f a i 3S L33tLLS H10f x ZGXF -r r--- __EWO _ 6$L9.8S____h 1— 1 lS'f8{ � .64,LS.8Sf N / A'n AI f 35 -7 3 a 9 +11 ,85,60.Ze1a 'ON e AVMHDIH NNfkil 4gpgl€s� f ��� �'FgQjg pA i ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 TO: Rochester Common Council ADMINISTRATION PLANNING GIS/ADDRESSING/ FROM: Brent Svenby, Planner MAPPING HOUSING/HRA DATE: August 2, 2000 BUILDING CODE WELL/SEPTIC FAX RE: Final Plat #00-33 to be known as Menards South Subdivision. Plannn_q Department Review: Applicant/Owner: Menard's Inc. 4777 Menard Drive Eau Claire, WI 54703 Surveyors/Engineers: Yaggy Colby Associates 717 Third Ave. SE Rochester, MN 55904 Referral Comments: 1. Planning Department- Wetland LGU 2. Planning Department — Addressing 3. Planning Department - Transportation 4. RPU Operations Division 5. RPU Water Division 6. Rochester Public works Department 7. Fire Department Report Attachments: 1. Referral Comments (3 Letters) 2. Location Map 3. Copy of Final Plat Plat Data: 507/285-8232 507/285-8232 5071285-8224 507/285-8213 5071285-8345 5071287-2275 Location of Property: This plat is located along the east side of South Broadway (TH 63), north of Highway 52 and south of the Shopko store. Zoning: The northern portion of the property is zoned B-4 (General Commercial) and the southern portion is zoned M-1 (Mixed Commercial -Industrial) district on the City Zoning Map. Proposed Development: The applicant is proposing to subdivide approximately 15.06 acres into two lots. The existing Menard's 7y�.,,..„,., `--'� AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER +ad-� Page 2 Menards South Subdivision August 2, 2000 Streets: store is located on Lot 1. Lot 2 would be developed in the future. No public roadways are being dedicated on the plat. Sidewalks: According to the development agreement, the applicant agrees to execute a Pedestrian Facility Agreement to allow the future construction of the required facilities along the East Frontage and the future roadway abutting Menards along the east property line. Drainage: This site is relatively flat. According to the development agreement, the purchaser of Lot 2 agrees to voluntarily participate in the City's Regional Storm Water Management Plan. Grading and drainage plans will need to be approved prior to development occurring on Lot 2. Wetlands: The Soil Survey and National Wetland Indicator maps were reviewed for the presence of wetlands. These maps do not indicate the presence of wetlands on this site. Public Utilities: Sewer and water services are available to the property. Additional public utility easements may be necessary for water system improvements in Lot 2, Block 1. These easements can be dedicated at the time the lot is developed. Spillover Parking: Spillover parking for this Plat will be evaluated when the site development plan for the development is submitted. Parkland Dedication: General Development Plan: Preliminary Plat; There are no parkland dedication requirements with this Plat. This property is not included within an approved General Development Plan. There is no preliminary plat for this property. Since no right-of-way is being dedicated, a preliminary plat is not necessary. Planning Staff and Recommendation: The developer has executed a Development Agreement with the City for this Plat. The Council will act on the Development Agreement on August 7, 2000. If the Development Agreement is approved on August 7, 2000, staff would recommend approval of the final plat. 120 139 ROCHESTER Minnesota 8/l/00 TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DEPARTMENT OF PUBLIC WORKS 201 4" Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the requested application for Final Plat ##00-33 on the Menards South Subdivision property. The following are Public Works comments on the proposal: A Development Agreement has been executed for this property. C:1TE M P\FP#00-33. d oc had • • .�McA= ROCHESTER �rraze�a�a DAVID A. KAPLER, Chief Rochester Fire Department 201 4th Street SE, Room 10 Rochester, MN 55904-3726 (507)285-8072 FAX #(507) 285-8256 DATE: August 1, 2000 TO: Jennifer Garness, Planning FROM: Lyle Felsch, Deputy Chief SUBJECT: Type III, Phase I Final Plat #00033, Menards South Subdvision, located along the east side of South Broadway, north of Highway 52 and south of Shopko South. This project is beyond the 4 minute fire response standard of the Rochester Fire Department and is adding 2 commercial lots on 15.06 acres, to the city's fire protection area. With that regard the fire code has the following requirements: An adequate water supply shall be provided for fire protection including hydrants properly located and installed in accordance with the specifications of the Water Division. Hydrants shall be in place prior to commencing building construction. 2. Fire department, access streets and roadways shall be as provided in accordance with the fire code, RCO 31 and the Zoning Ordinance and Land Development Manual including approved cul-de-sac dimensions and street widths. All fire department access roadways shall be serviceable prior to and during building construction. 3. All street, directional and fire lane signs must be in place prior to occupancy of any buildings. 4. All buildings are required to display the proper street address number on the building front, which is plainly visible and legible from the street fronting the property. Number size must be a minimum 4" high on contrasting background when located on the building and 3" high if located on a rural mail box at the public road fronting the property. Reflective numbers are recommended. c: Donn Richardson, RPU, Water Division Menards Inc., 4777 Menard Drive, Eau Claire, Wis. 54703 Yaggy Colby Associates, 717 3`d Avenue SE, Rochester, Mn. 55904 Amu. we 1itedge, we deliver August 1, 2000 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Type III, Phase I, Final Plat #00-33 to be known as Menards South Subdivision. Dear Ms. Garriess: Our review of the referenced final plat is complete and our comments follow: 1. The property may be subject to the water availability fee, connection fees or assessments. The Land Development Manager (507-281-6198) at the Public Works Department determines the applicability of these fees. 2. Additional public utility easements may be necessary for water system improvements in Lot 2, Block 1. These easements can be dedicated at the time this lot is developed. Please contact us at 507-280-1600 if you have questions. Verytruly yours, "MA f24 Q � Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Yaggy Colby Associates Menards, Inc. Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 REQUEST FOR COUNCIL ACTION MEETING DATE: 08-07-00 I AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING S . 6JBY: I DESCRIPTION: Vacation Petition #00-08 by THE-G to vacate portions of three utility PREPARED ments to facilitate expansion of the Wal-Mart North Store. The property is described Theresa Foas Lot 1, Block 1, Northwest Plaza Subdivision and is located south of 55'h Street NW, west Planne of T.H. 52. August 3, 2000 Planning Department Recommendation: See attached staff report dated August 3, 2000. Staff is recommending approval with the following recommendations / conditions: 1. The new utility easements be executed with the City, prior to the portions of the existing easements being vacated. 2. The applicant is responsible for any costs relating to the relocation of the existing utilities. Council Action Needed. 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 August 3, 2000. Distribution: y 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. on Monday, August 7, 2000, in the Council/Board Chambers at the Government Center, 151 4th Street SE. 6. McCombs Frank Roos Associates, Inc. ., JNCIL ACTION: Modon by: second by: to: i r 12657 6/28/00 �• _••�• „ JeuiLee300y # 4/ 4 Engineer7)Sg • Planning • Surve . / k� FFRA McCon6s F®nN Reos Asseclales,lac. a !t!!•tt V ' �ts ~t!t- ��--`�— TO BE VACATED lop WISAw, 15050 23rd Avenue North • Plymouth, Minnesota • 55447 phone 763/476-6010 - tax 763/476-8532 e-mail, mfroOmfra.com Nys�• �e e�Or►1win-uIff ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 ADMINISTRATION/ 5071285-8232 PLANNING GIS/ADDRESSING/ 507/285-8232 MAPPING TO: City Council HOUSING/HRA 507/285-8224 BUILDING CODE 507/285-8213 FROM: Theresa Fogarty, Planner WEL/BEPTIC 5071285-8345 FAX 507/287-2275 DATE: August 3, 2000 RE: Vacation Petition #00-08 by THE-G to vacate portions of three utility easements to facilitate expansion of the Wal-Mart north store. The property is described as Lot 1, Block 1, Northwest Plaza Subdivision and is located south of 55' Street NW, west of T.H. 52. Planning Department Review: Petitioner(s): THE-G Rochester Joint Venture 955 Executive Parkway, Suite 210 St. Louis, MO 63141 Consultants: McCombs Frank Roos Associates, Inc. Paul Pearson 15050 23`" Avenue North Plymouth, MN 55447 Reason to Vacate: The petitioner is requesting to vacate a portion of three utility easements allowing for expansion of the existing Wal-Mart building. Referral Comments: Rochester Public Utilities - Operations Division Rochester Public Utilities - Water Division Qwest Telephone Report Attachments: Staff Recommendation: 1. Vacation Petition 2. Location Map 3. Referrals (3 attached) The property owner petitioned to vacate the easement to allow for building expansion. �Ma YM �� AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER '` g New easement descriptions must be provided for the relocation of the fire hydrants and electrical service to accommodate the expansion of the existing store. The Rochester Public Works Department has reviewed and accepted the descriptions of the easement relocation. Staff recommends approval of this vacation petition subject to the following conditions: 1. The new utility easements be executed with the City, prior to the portions of the existing easements being vacated. 2. The applicant is responsible for any costs relating to the relocation of the existing utilities. REQUEST FOR COUNCIL ACTION MEETING (q'� DATE: 8/7100 AGENDA SECTION: ORIGINATING DEPT: PUBLIC HEARINGS Public Works jN DESCRIPTION: PROJECT HEARING: "Construct 26th St NW from W. Circle Dr IPREPARED BY:�.west 500 feet' (J-9658) son' This is a Hearing to consider the following public improvement project: "Construct 26th St NW from W. Circle Dr west 500 feet" (J-9658) Public Works has determined that it is feasible to construct this road and associated utilities to serve abutting properties and recommend its construction only if the two abutting property owners enter into agreements for payment of 100% of the Project costs. The estimated costs for this project are: Street Pavernertt $42,000 Concrete turn lane $36,400 Concrete curb $12,000 Sidewalk $25,000 Watermain $22,000 San. Sewer $30,000 Storm Serer $17,500 Subtotal $184,900 EngineerirxJ, Contingency, Interest $55,470 TOTAL $240,370 Funding for this project will be from executed Contribution Agreements with the abutting property owners, each agreeing to pay for 50% of the Project costs, including engineering design and construction inspection services. Additionally, Public Works has received a proposal from Yaggy Colby Associates to accomplish the design for this project. COUNCIL ACTION REQUESTED: "I 1. Adopt a resolution ordering the Project to be made. 2. Adopt a resolution authorizing the Mayor and City Clerk to enter into a Professional Services Agreemetn with Yaggy Colby Associates for design services. 3. Adopt a resolution authorizing the City Clerk to advertise for bids and conduct a bid opening on Sept 13, 2000 at 11:00 A.M. 'NCIL ACTION: Motion by: second by: to: April 18, 2000 Michael Nigbur City of Rochester Department of Public Works 201 SE 0 Street — Room 108 Rochester, MN 55904 Dear Mr. Nigbur: We, Hartman Farms, Inc., as owners of the property known as Circle 19 Plaza First, are hereby requesting a public improvement project for 26`" Street NW from its intersection with West Circle Drive to approximately 350 feet west, its proposed intersection with Deacon Drive NW. Thank you for your consideration on this matter. Sincerely HARTMAN FARMS, INC. David Hartman REPORT ON THE FEASIBILITY OF A 1fl PROPOSED PUBLIC IMPROVEMENT PROJECT FOR THE CONSTRUCTION OF 26TH ST NW FROM W.CIRCLE DR. WEST 500 FT. June 30, 2000 Honorable Mayor & Common Council City of Rochester, Minnesota A resolution proposing the following project: Construction of 26'h St NW from West Circle Drive west approximately 500 feet. A petition from Hartman Farms, Inc. has been filed with the City Clerk and forwarded to Public Works by the City Council on May 1, 2000 (resolution 263-00). Feasibility Report We report that this project is feasible and recommend its construction only if the two abutting property owners enter into agreements for payment of 100% of the Project costs. The location of this project is within an area proposed for commercial development. Construction of full access areas to West Circle Drive has been carefully controlled and limited. This access at 26'h St is the only full access to W. Circle Dr. from 19`h St NW to Valley High Drive. This project has not been budgeted for in the City's Capital Improvement Program. The costs of this project should be paid from contribution agreement fees collected from the benefiting properties. Hartman Farms, Inc. lies to the south and Hamilton properties to the north. (50 -2- JUNE 30, 2000 The estimated costs of the project, made without completed plans or survey are as follows: Street Construction Street Pavement SY 2800 15 $42,000.00 Concrete Turn Lane SY 520 70 $36,400.00 Concrete Curb LF 1000 12 $12,000.00 Sidewalk SF 5000 5 $25,000.00 Utility Construction F&I Watermain 550 40 $22,000.00 F&I Sanitary Sewer 600 50 $30,000.00 F&I Storm Sewer 500 35 $17,500.00 Sub Total $184,900.00 Engineering, Contingency, Interest 30% $55,470.00 TOTAL: $240,370.00 The Project may be constructed in one of two ways. Dave Hartman, one of the abutting property owners, has petitioned the City. The other abutting property owner, Verna Badger and / or Mac Hamilton has expressed interest in participating in the cost of constructing this Project, but has not petitioned for the Project at this time. If Hartman and Badger/Hamilton enter into an agreement between the two of them, the Project could be constructed under the current City/Owner Contract between the City and Hartman. Alternately, the City Council can set a Project Hearing and Assessment Hearing for August 7, 2000, and require that both Hartman and Badger/Hamilton execute (prior to 8/7/00) separate Contribution Agreements with the City for 50% of the Project costs respectively paid by each abutting property owner. The City Council could authorize the Project to be advertised as a City Project once both property owners execute the Contribution Agreements. Submitted f your consideration: W(Z0--.- DouglasNelson, PE Engineering Manager Richard W. Freese, PE City Engineer REQUEST FOR COUNCIL ACTION MEETING (91 DATE: 8/7/00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS Public Works -� A DESCRIPTION: ASSESSMENT HEARING: "Construct 26th St NW from W. PREPARED BY: Circle Dr west 500 feet' (J-9658) D. Nelson This is a Hearing to consider levying of the proposed assessments regarding the following public improvement project: "Construct 26th St NW from W. Circle Dr west 500 feet" (J-9658) The estimated costs for this project are: Street Pavernent -- $42,000 Condete turn lane - - $36,400' Concrete Curb $12,000 Sidewalk $25,000 Watenriain_._ . _ - $22,00011 San: Seder - $30,000' rm Sto-Server - - $17,500 $184,900' __. Contingency, Interest $55,4701; TOTAL ' $240;370'. Cost Distribution: Special Assessments: k COUNCIL ACTION REQUESTED: $240,370 Adopt a resolution levying the proposed assessments. NCIL ACTION: Motion by: second to: REQUEST FOR COUNCIL ACTION MEETING 14 � DATE: 8/7/2000 AGENDA SECTION: RESOLUTIONS AND ORDINANCES DESCRIPTION: RESOLUTIONS AND ORDINANCES ORIGINATING DEPT: ITEM NO. CITY ATTORNEY'S OFFICE I G G. 2. FIRST READING OF ORDINANCES, as appropriate, LVI G. 3, SECOND READING OF ORDINANCES (for adoption). 4' i{ a) An Ordinance Annexing to the City of Rochester Approximately 60 Acres of Land Located in a Part of the North Half of the Southwest Quarter of Section 22, Township 106 North, Range 14 West, Olmsted County, Minnesota. Said Property Located on the West Side of 181, Avenue Southwest North of 40`h Street Southwest Across from 36'' Street Southwest. ( b) An Ordinance Amending and Reenacting Section 138.05 of the Rochester Code of Ordinances, i Relating to the Display of a Residential Parking Permit. c) An Ordinance Amending and Reenacting Section 85A.19 of the Rochester Code of Ordinances, Relating to a Curfew for Juveniles. d) An Ordinance Creating and Enacting Section 66.101 of the Rochester Code of Ordinances, Relating to the Adoption of an Interim Ordinance Regulating the Placement of Telecommunications Facilities in Residential Zoning Districts Within the City. G. 4. MISCELLANEOUS" ti Ir 1 NCIL ACTION: motion Second to: