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HomeMy WebLinkAbout08/21/2000_RegularCITY OF ROCHESTER COUNCIL AGENDA COUNCIL/BOARD CHAMBERS V� _ GOVERNMENT CENTER V 151 4TH STREET SE MEETING NO. 16 REGULAR ADJOURNED PAGE (1-2) A) OPEN COMMENT PERIOD B) CALL TO ORDER C) LETTERS AND PETITIONS (3-4) 1) Petition for Curb and Gutter on 41h Avenue NW AUGUST 21, 2000 7:00 P.M. (5-6) D) CONSENT AGENDAIORGANIZATIONAL BUSINESS 1) Approval of Minutes (7-8) 2) Request to Set Hearing for Establishment of TIF Districts in Diamond Ridge, Valley Side Estates, and Kingsbury Hills Subdivisions •(9-10) 3) Revocable Permit/Canopy at Holiday Inn City Center Hotel (11-12) 4) Licenses, Bonds & Miscellaneous Activities (13-14) 5) On -Sale Intoxicating & Sunday Liquor License for Applebee's Neighborhood Grill & Bar (15-16) 6) Approval of Accounts Payable (17-20) 7) Promotional Appointment/Fire Captain/Fire Department (21-22) 8) Donation of the Use of Van (23-24) 9) Donation to City of Rochester Police Honor Guard (25-26) 10) Initiation of Vacation of 3'" Avenue NW (27-28) 11) Development and Contribution Agreement/Summit Pointe Development by Arcon Development, Inc. (29-30) 12) Development Agreement/Menards South Development by Menard, Inc. (31-32) 13) Development Agreement/Northern Heights North Townhomes Third & Northern Heights North 4t'/Americanna Realty (33-34) 14) Development Agreement/Weatherstone Development by White Oaks Development, Inc. (35-36) 15) Development Agreement/Willows Development/J & C Gardens, LLC (37-38) 16) Development Agreement/River Place Development/Sovereign Companies, LLC (39-40) 17) Owner Contract/Mayo Gonda Project Amendment (41-42) 18) Owner Contract/Basic Construction in Lincolnshire North 4t' Sub. . (43-44) 19) Owner Contract/Basic Construction in Valley Side Estates (45-46) 20) Owner Contract/Basic Construction in Summit Pointe Council Agenda August 21, 2000 Page 2 (4748) 21) Owner Contract/Basic Construction in Northern Heights North Townhomes Third Subdivision (49-50) 22) Owner Contract/Sanitary Trunkline Sewer to Serve Circle 19 Plaza/Phase I (Lots 2-9, Block 1 & Lots 1 & 2, Block 4) (51-52) 23) Stormwater Management Agreement/Prehn Building Sales 5812 Highway 52 North (53-54) 24) Pedestrian Facility Agreement/Clamshell Partners, LLC (55-56) 25) Request to Advertise for Bids/Sanitary Sewer and Watermain in Valleyhigh Drive (57-58) 26) Request to Establish Assessment Hearing/Reassessment of Special Assessments for 1615 - 1 e Avenue SE (59-60) 27) Award of Contract/Construct Wellner Drive NE from 315t Street NE to Rocky Creek Drive (61-62) 28) Supplemental Agreement to the Brick Paver Repair Contract in Peace Plaza/Palmer Soderberg, Contractor (63-64) 29) Parking Petition on 18"' Street SE from 2nd Avenue to 3rd Avenue (65-66) 30) Advertise for Bids/Operations Contract for ZIPS Dial -A -Ride (67-68) 31) Engineering Service Agreement/Integrated Technology (69-70) 32) Bids for Repainting Gas Sphere at Water Reclamation Plant E) HEARINGS (71-82) 1) Annexation by Ordinance Petition/City Council Initiated to Annex Properties within Cascade Township that are 100% Surrounded by the City/Properties within Sections 8 and 32, Cascade Township (83-102) 2) Type III, Phase II, Conditional Use Permit by IBM Corp. to Allow Substantial Land Alteration (Changing the Pre-existing Grades more than 10') for Grading Work Proposed on their Property (103-114) 3) Type III, Phase II, Preliminary Plat to be Known as Orchard Hills South Second Subdivision (115-126) 4) Final Plat to be Known as Weatherstone Subdivision CIC 166 (127-140) 5) Final Plat to be Known as Valley Side Estates (141-156) 6) Final Plat to be Known as the Willows and Variance #00-21 (157-164) 7) Type III, Phase I, Final Plat to be Known as Northern Heights North Townhomes Third Subdivision (165-176) 8) Type III, Phase I, Final Plat to be Known as Pinewood Hills First (177-184) 9) Official Street Map #12 Amendment F) REPORTS AND RECOMMENDATIONS (185-186) G) RESOLUTIONS AND ORDINANCES H) TABLED ITEMS 1) OTHER BUSINESS J) ADJOURNMENT REQUEST FOR COUNCIL ACTION MEETING I DATE: 8/21/00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. OPEN COMMENT PERIOD CITY ADMINISTRATOR A :1 ITEM 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. Al, COUNCIL REQUEST FOR COUNCIL ACTION MEETING 3 DATE: 8/21 /00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Letters and Petitions City Clerk C 1 t t em DESCRIPTION: Petition for Curb and Gutter on 4th Avenue N.W. PREPARED BY: Judy Scher• I A petition was received from residents on 4 h Avenue N.W. between Zumbro Dive and 31 Street N.W. requesting the City to initiate a local improvement project to install Curb and Gutters. COUNCIL ACTION REQUESTED A motion to adopt the prepared resolution requesting the Public Works Department to conduct a feasibility study for installation of Curb and Gutters on 4s' Avenue N.W. between Zumbro ]dive fee d 31 Street N.W. K 4uLJNC1L ACTION: Motion by: Second by: to: 4 AlGedo&Gwgiar Cumilanos29094i° Ave.N Rochester, Mn. 55901 (507)280-9388 NEIGHBORHOOD PETITION TO HAVE CURB AND GUTTERS INSTALLED ON 4TH AVE. N.W. BETWEEN ZUMBRO DR. AND 31sr. N.W. Dear Dave Nelson, These are the names and addresses of all the neighbors interested in getting the curb, gutters and resurfesed street between Zumbro Dr. and 3 0 Street North West. Name Address ()eon 1�, �(`��1�5 _ �yo� ���`'�t. J -zoo ��qq' rr�'J `-a ye) rN1A'0- JJMcU6sd A �•1�jl�alTu•� Ai,r, •!' �r � c. fri; K K t ISe n Sincerely, 1-0Y 14,w Z,%3 4-0'Art KW '2& -6j" 7 LP9 - ssY z sa-660Ce 3s— a2go Zfr•4 - c/to5� ............................ .00 M E M O R A N D U M DATE: August 21, 2000 TO: Honorable Mayor and Common Council. FROM: Michael Nigbur RE: Owner Contract Requests. D-17, 18, 1% 20, 211 & 22 CC: There have been some discussions regarding construction of sanitary sewer lines and adequacy of downstream protection. Based on these discussions the Public Works Staff would like to offer a condition on the above referenced Owner Contracts: As a condition of the Owner/Contract approval a sewer plug shall be installed at a location, designated by the City Engineer, prior to connection of new sanitary sewer lines to existing City sewer lines. These plugs shall only be removed at the direction of the City Engineer or his designee. This language will be added to the City's standard language found in the Owner/Contract and City Specifications on forthcoming projects. ROCHESTER PUBLIC WORKS DEPARTMENT LAND DEVELOPMENT SECTION REQUEST FOR COUNCIL ACTION MEETING DATE: 8/21/00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY ADMINISTRATOR D-1-32 i i cm 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 D-2. Request to Set Hearing for Establishment of TIF Districts in Diamond Ridge, Valley Side Estates, and Kingsbury Hills Subdivisions lo/-,D-3. Revocable Permit/Canopy at Holiday Inn City Center Hotel Q D-4. Licenses, Bonds & Miscellaneous Activities D-5. On -Sale Intoxicating & Sunday Liquor License for Applebee's Neighborhood Grill & Bar D-6. Approval of Accounts Payable D-7. Promotional Appointment/Fire Captain/Fire Department D-8. Donation of the Use of Van D-9. Donation to City of Rochester Police Honor Guard D-10. Initiation of Vacation of 3`d Avenue NW D-11. Development and Contribution Agreement/Summit Pointe Development by Arcon Development, Inc. D-12, Development Agreement/Menards South Development by Menard, Inc. D-13. Development Agreement/Northem Heights North Townhomes Third & Northern Heights North 4d'/Americanna Realty D-14. Development Agreement/Weatherstone Development by White Oaks Development, Inc. D-15. Development Agreement/Willows Development/? & C Gardens, LLC D-16. Development Agreement/River Place Development/Sovereign Companies, LLC D-17. Owner Contract/Mayo Gonda Project Amendment \D-18. Owner Contract/Basic Construction in Lincolnshire North 0 Sub. D-19. Owner Contract/Basic Construction in Valley Side Estates D-20, Owner Contract/Basic Construction in Summit Pointe D-21. Owner Contract/Basic Construction in Northern Heights North Townhomes Third Subdivision D-22. Owner Contract/Sanitary Trunkline Sewer to Serve Circle 19 Plaza/Phase I (Lots 2-9, Block 1 & Lots 1 & 2, Block 4) D-23. Stormwater Management Agreement/Prehn Building Sales 5812 Highway 52 North D-24. Pedestrian Facility Agreement/Clamshell Partners, LLC ---D-25. Request to Advertise for Bids/Sanitary Sewer and Watermain in Valleyhigh Drive COUNCIL ACTION: Mouon by: Second by: to: N Request for Council Action Approval of Consent Agenda Items August 21, 2000 Page 2 D-26. Request to Establish Assessment Hearing/Reassessment of Special Assessments for 1615 - 191" Avenue SE " \D-27. �$ Award of Contract/Construct Wellner Drive NE from 3 1 Street NE to Rocky Creek Drive D-28. Supplemental Agreement to the Brick Paver Repair Contract in Peace Plaza/Palmer Soderberg, Contractor 14 D-29. Parking Petition on 18d' Street SE from 2nd Avenue to 3'd Avenue D-30. Advertise for Bids/Operations Contract for ZIPS Dial -A -Ride 'D-31. Engineering Service Agreement/Integrated Technology D-32. Bids for Repainting Gas Sphere at Water Reclamation Plant COUNCIL ACTION REQUESTED: Motion to approve consent agenda items. REQUEST FOR COUNCIL ACTION MEETING DATE: 8/21/00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda City Administrator . ITEM DESCRIPTION Request to set a public hearing date for the establishment of Tax PREPARED BY: Increment Financing Districts in Diamond Ridge, Valley Side estates, and Kingsbury T. Spaeth Hills Subdivisions The City staff has been working with the developers of the Diamond Ridge, Valley Side Estates, and Kingsbury Hills Subdivisions housing projects to establish TIF districts in conjunction with the First Homes Program. These projects were selected by First Homes for financial assistance upon 25 lots in Diamond Ridge and 50 lots within the Kingsbury Hills Subdivision. I had previously prepared an RCA calling for a public hearing on the Valley Side Estates TIF project, which is another of the First Homes projects, in which 50 lots were approved for assistance from First Homes. The public hearing on that item was to be held on August 21, 2000. However, due to a delay in receiving TIF application information requested by staff, we were unable to publish notice as required. Staff is therefore requesting that this hearing be held on September 6, 2000. COUNCIL ACTION REQUESTED: Adopt resolution to set a public hearing date of September 6, 2000 to consider the establishment of Tax Increment Financing Districts for 25 lots within the Diamond Ridge 17s' Subdivision and 50 lots within Kingsbury Hills Subdivision. Adopt resolution amending Resolution N 441-00 ordering the public hearing to consider the establishment of a Tax Increment Financing district for Valley Side Estates to be held on September 6, 2000. COUNCIL ACTION: Motlonby: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 8/21/00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda City Administrator b 5 ITEM DESCRIPTION Revocable Permit - Canopy at Holiday Inn City Center Hotel PREPARED BY: T. Spaeth The City has received a request from HGA to install a canopy over the public sidewalk in front of the Holiday Inn City Center Hotel located at 220 South Broadway. The Land Development Manual allows for projections over a public sidewalk in the Central Development Core District provided a revocable permit is approved by the City Council. The proposed canopy extends 2'2" outward from the existing roof over the sidewalk. The proposed canopy would encroach to the curb line along South Broadway . The bottom of the canopy is approximately 10' above the sidewalk.. Public works staff has no objection to this request. COUNCIL ACTION REQUESTED Approval of a revocable permit for a projecting canopy attached to the Holiday Inn City Center Hotel at 220 South Broadway using the standard language and conditions. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING UA I t: tS/. AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY CLERK �_� t t tm DESCRIPTION: LICENSES, BONDS & MISCELLANEOUS ACTIVITIES PREPARE DONNAJSCHOTT 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. GAMBLING — TEMPORARY St. Francis of Assisi Church 1114 3`d St. SE Rochester, Mn. 55904 Raffle 10/1/00 Please Waive 30 Day Holding Period SIDEWALK — CEMENT Dan Tilford Concrete Inc. 2192 90'' Ave SE Eyota, Mn. 55932 MISCELLANEOUS CITY ACTIVITIES Struve Paint & Wallcovering 501 N Bdwy Rochester, Mn. 55906 Sidewalk Sale 8/22/00 to 8/26/00 COUNCIL ACTION REQUESTED A motion to approve the above licenses, bonds an miscellaneous city activities. COUNCIL ACTION: Motion Second REQUEST FOR COUNCIL ACTION MEETING DATE: 8/21/00 AGENDA SECTION: ORIGINATING DEPT: . CONSENT AGENDA CITY CLERK ITEM DESCRIPTION: LICENSES, BONDS & MISCELLANEOUS ACTIVITIES ED BY: jD0NNAJSCH0 TT The following ADDENDUM 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. SOUND AMPLIFICATION Rochester Track Club Holiday Inn One -Half Marathon & 5K Run 8/19/00 Neighborhood Band Between Cub Foods & Elks Club 8:00 AM to 10:00 AM (Prior Approvals: J McConnell, M Marcoux) SIDEWALKS — ASPHALT Sean Hemker Aphalt Patching 2624 40d' Ave SE Rochester, Mn. 55904 COUNCIL ACTION REQUESTED A motion to approve the above licenses. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING 15 DATE: 8/21/00 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: CITY CLERK ITEM NO. DESCRIPTION: ON SALE INTOXICATING & SUNDAY LIQUOR LICENSE PREPARED BY: FOR APPLEBEE'S NEIGHBORHOOD GRILL & BAR DONNA J SCHOTT Application for an Intoxicating On Sale Liquor and Sunday License has been received for Apple American Limited Partnership of Minnesota DBA Applebee's Neighborhood Grill and Bar. The location of the restaurant will be at 3794 Marketplace Dr NW . Issuance of the license is pending all departmental approvals, the required fees and insurance certificates. A confidential investigative report on the application has come back satisfactorily. COUNCIL ACTION REOUESTED A motion to approve the transfer of the On -sale Intoxicating and Sunday Liquor License for the new Applebee's Neighborhood Grill and Bar. %,vJNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING 1 J DATE: 8121100 AGENDA SECTION: Consent Agenda ORIGINATING DEPT: Finance Department ITEM NO. D - (0 t t rm 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 $1,295,460.90. Less: Any exceptions k.vUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING f 7 DATE: 8/21/00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Human Resources D,07 ITEM DESCRIPTION: Promotional Appointment - Fire Captain - Fire Department PREPARED BY: L Gilsru The Fire Civil Service Commission is submitting the top three (3) certified candidates for the position of Captain from the established eligibility roster and recommends the appointment of one of the three to the position of Captain. COUNCIL ACTION REQUESTED: Promotion of Motor Operator Charles Roberson to the position of Captain effective 8/22/00. COUNCIL ACTION: Motion by: second by: to: I$ begod AL4AMRRICA CITY qVI August 4, 2000 ROCHESTER FIRE CIVIL SERVICE COMMISSION HILLA CLINE GREG WALTERS NORB RYAN Honorable Council Members City Council City Hall Rochester, Minnesota 55904 Dear Council Members: The recent retirement of Captain Ken Middendorf, has created a vacancy for the position of Fire Captain. We respectfully request that you make one (1) appointment to the position of Captain from the following list of qualified candidates: 1. Charles Roberson 2. Kim Fanning 3. Kenneth Moyer Fire Chief David Kapler desires to have this appointment effective August 22, 2000. Respectfully Submitted, Norb Ryan Fire Civil Service Commission An Equd Opportunity Employer 9 ROCBESTER FIRE DEPARTMENT MEMORANDUM DATE: August 3, 2000 TO: Fire Civil Service Commission FROM: Chief Kapler aL SUBJECT: REQUEST TO PROMOTE CAPTAIN Due to the recent retirement of Captain Ken Middendorf, there exists a vacancy in the position of Captain. I request that we promote the next candidate on the Captain Eligibility Roster, Charles Roberson, to fill this vacancy. This promotion will create a vacancy in the position of Motor Operator. As soon as an eligibility list is established, we would like an appointment made to that position as well. Thank you. REQUEST FOR COUNCIL ACTION MEETING 0 DATE: 8/21/00 AGENDASECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda Police D B ITEM DESCRIPTION: Donation of the Use of Van PREPARED BY: Roger Peterson Clements Chevrolet would like to donate the use of one of their vans for transporting members of the Police Honor Guard to Camp Ripley September 10 —14, 2000. The purpose of this trip is to attend the Law Enforcement Memorial Association (LEMA) sponsored training camp. COUNCIL ACTION REQUESTED Accept donation of the use of a van from Clements Chevrolet to transport members of the honor guard to Camp Ripley for training. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING Q�3 DATE: 8/21/00 AGENDASECTION: ORIGINATING DEPT: ITEM NO. Reports and Recommendations Police D . - 1 ITEM DESCRIPTION: Donation to City of Rochester Police Honor Guard PREPARED BY: Roger Peterson The Rochester Eagles Club 2228 has donated $500 to the City of Rochester. Their wishes are that this money be used by the Rochester Police Honor Guard for clothing and equipment expenses. COUNCIL ACTION REQUESTED: Request acceptance of $500 from the Rochester Eagles Club 2228 for the purpose of assisting the Rochester Police Honor Guard clothe and equipment their unit. Request appropriation to 4110-13227. COUNCIL ACTION: Mouon by: Second by to: REQUEST FOR COUNCIL ACTION MEETING a S DATE: 8/21 /00 AGENDA SECTION: CONSENT AGENDA ITEM DESCRIPTION: ORIGINATING DEPT: ITEM NO. Public Works D--10 PREPARED BY: M. Nigbur The City has entered a purchase agreement with the Mayo Foundation for a portion of property abutting the 3' Avenue NW right of way lying directly South of Civic Center Drive. As part of this purchase agreement the City included land for the right of way of 3' Avenue which was thought to have been vacated. It turns out this vacation application was not submitted. Therefore, Staff would request the City Council to initiate the vacation of 3" Avenue NW to allow the completion of the land sale to the Mayo Foundation. The vacation of the roadway should include all of 3`' Avenue NW lying between Block 57 and Block 58 of the Original Plat of Rochester. As part of the vacation process the City should retain public utility easements for those facilities that currently reside with the right of way. '. COUNCIL ACT Initiate the Vacation of 3' Avenue NW lying between Blocks 57 & 58 of Original Plat of Rochester. �,JUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 8/2 1100 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: ITEM NO. Public Works D . ( ( ITEM DESCRIPTION: Development and Contribution Agreement — Development — by Arcon Development, Inc. PREPARED BY- M. Nigbur The Owners of the Summit Pointe Development, located East of 50' Avenue NW, and City Staff have had discussions relating to Platting of the property and impacts on the surrounding infrastructure. Based on the discussions, the content for a development agreement has been decided and a document has been created. The major items covered in the agreement include the following: • Platting of the property. • Traffic improvements/management including: controlled access along 501 Avenue and 65"1 Street, except for approved access locations, Pedestrian facilities, and participation in the contribution for 50'h Avenue and North Park Traffic Calming. • Grading to match the future 50" Avenue NW Profile. • Payment of development1connection related charges including SAC, WAC, Substandard Street, Park Dedication, and Storm Water District. • Maintenance of private Openspace. Staff recommends the Council approve the Development Agreement. The developers have executed the agreement. COUNCIL � Authorize the Mayor and City Clerk to execute the Development Agreement for the Summit Pointe Development . JUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 8 21/00 AGENDA SECTION: CONSENT AGENDA ITEM DESCRIPTION: Menard, Inc. ORIGINATING DEPT: ITEM NO. Public Works D _ ( a, — Uy PREPARED BY: M. Nigbur The Owners of the Menards South Development, located NE Quadrant of the TH 52 & TH 63 interchange, and City Staff have had discussions relating to Platting of the property and impacts on the surrounding infrastructure. Based on the discussions, the content for a development agreement has been decided and a document has been created. The major items covered in the agreement include the following: • Platting of the property. • Traffic improvements/management including: improvements to 281" Street & Frontage Road, drainage improvements, dedication of right of way for the TH52 Highway, and execution of a Pedestrian Facility Agreement. • Payment of development/connection related charges including SAC, WAC, and Storm Water Management participation. • City agrees to grade the East ditch line of TH 63. Staff recommends the Council approve the Development Agreement. The developers have executed the agreement. COUNCIL Authorize the Mayor and City Clerk to execute the Development Agreement for the Menards South Development . JUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING Z r DATE: 8/21 /00 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: ITEM NO. Public Works L) _ (3 ITEM DESCRIPTION: Development Agreement — Northern Heights North Townhomes PREPARED BY: Third & Northern Heights North 4th—Americanna Realty M. Nigbur The Owners of the Northern Heights North Townhomes 3" and Northern Heights 4`" Developments, located South of Circle Drive NE, and City Staff have had discussions relating to Platting of the property and impacts on the surrounding infrastructure. Based on the discussions, the content for a development agreement has been decided and a document has been created. The major items covered in, the agreement include the following: • Construction of pedestrian facilities. • Traffic improvements/management including: controlled access along Circle Drive NE, dedication of the remaining Rocky Creek right of way through the Development, and Parking Restrictions that may be needed within Northern Heights North Third Townhomes. • Payment of development/connection related charges including SAC, WAC, Rocky Creek Channel improvements, and participation in the City's Storm Water Management Plan. Staff recommends the Council approve the Development Agreement. The developers have executed the agreement. COUNCIL A Authorize the Mayor and City Clerk to execute the Development Agreement for the Northern heights North 3rd & 4'".Developments COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 33 8/21 /00 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: Public Works ITEM DESCRIPTION: Development Agreement — Weatherstone Development — White Oaks Development, Inc. ITEM NO. D-14 PREPARED BY: M. Nigbur The Owners of the Weatherstone Development, located West of 50' Avenue NW, and City Staff have had discussions relating to Platting of the property and impacts on the surrounding infrastructure. Based on the discussions, the content for a development agreement has been decided and a document has been created. The major items covered in the agreement include the following: • Platting of the property. • Traffic improvements/management including: controlled access along 50" Avenue except for approved access locations, Pedestrian facilities, and Construction of a Bus Shelter Pad (the City shall construct the shelter. • Grading to match the future 50' Avenue NW Profile. • Payment of development/connection related charges including SAC, WAC, Substandard Street, Park Dedication, and Storm Water District. • City shall construct a regional stormwater facility upstream of the development by 101112002 Staff recommends the Council approve the Development Agreement. The developers have executed the agreement. COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the Development Agreement for the Weatherstone Development COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING 3Lv AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: Public Works DATE: 8/21100 ITEM NO. 1)-tS ITEM DESCRIPTION: Development Agreement — Willows Development — J & C PREPARED BY: Gardens, LLC M. Nigbur The Owners of the Willows Development, located on 20th Street and 111h Avenue SE, and City Staff have had discussions relating to Platting of the property and impacts on the surrounding infrastructure. Based on the discussions, the content for a development agreement has been decided and a document has been created. The major items covered in the agreement include the following: • Construction of pedestrian facilities. • Payments for 20th Street SE Construction. • Traffic improvement including: controlled access along 20'h Street and 11'h Avenue, payment toward a future signalization of 20P street, construction of turn lanes, dedication of right of way for roadway and pedestrian facilities. • Payment of development/connection related charges including SAC, WAC, Substandard Roadway, Sewer connection, and participation in the City's Storm Water Management Plan. Staff recommends the Council approve the Development Agreement. The developers have executed the agreement. COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the Development Agreement for the Willows Development. . . JUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING 3'? DATE: 8/21 /00 AGENDA SECTION: CONSENT AGENDA ITEM DESCRIPTION: Companies, LLC — River ORIGINATING DEPT: ITEM NO. Public Works I)-%(o —Sovereign I PREPARED BY: M. Nigbur The Owners of the River Place Development, located on 3"Avenue NW lying South of Elton Hills Drive, and City Staff have had discussions relating to Platting of the property and impacts on the surrounding infrastructure. Based on the discussions, the content for a development agreement has been decided and a document has been created. The major items covered in the agreement include the following: • Platting of the property. • Traffic improvements/management including: controlled access along V Avenue except for approved access locations, and Construction of a Bus Shelter Pad (the City shall construct the shelter within 1 year of Occupancy). • Maintenance of and use of the abutting City right of way. • No Billboards on the property • Payment of development/connection related charges including SAC, WAC, and participation in the Storm Water Management Plan. Staff recommends the Council approve the Development Agreement. The developers have executed the agreement. COUNCIL Authorize the Mayor and City Clerk to execute the Development Agreement for the River Place Development t,UUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING 'Sq DATE: 8121 /00 AGENDA SECTION: CONSENT AGENDA ITEM DESCRIPTION: Background: ORIGINATING DEPT: Mayo Gonda Project Public Works ITEM NO. D -1 PREPARED BY: M. Nigburf Mayo Gonda Project — Mayo Foundation (Owner) & Hunt Electric Corporation (Contractor) are requesting a Fourth Amendment to City / Owner Contract J9497 'Relocation of Watermain and Storm Sewer; Construction of Temporary Roadway in Proposed New Alignment of 1' St SW between 3rd and 4t' Ave SW", to include additional work consisting of traffic signal work at Yd Ave SW & 18t St SW. COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9497 Fourth Amendment (Mayo Gonda Project) COUNCIL ACTION: Motion by: Second by: REQUEST FOR COUNCIL ACTION AGENDA SECTION: ORIGINATING DEPT: CONSENT AGENDA Public Works ITEM DESCRIPTION: Owner Contract — Basic Construction in Lincolnshire Noi Fourth Subdivision (J9652) MEETING q1 DATE: 8121/00 ITEM NO. D -1 i PREPARED BY: I" "� . M. Baker7 Staff would offer the following Owner Contract project for consideration by the Council: • Michael Younge Development, Inc. (Owner) & Road Constructors, Inc. (Contractor) are requesting a City / Owner Contract J9652 consisting of "Basic Construction in Lincolnshire North Fourth Subdivision". Q COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9652 "Basic Construction in Lincolnshire North Fourth Subdivision" ,. ° �; �`°`.=�` «2�,,,,� COUNCIL ACTION: Motion by: Second by to: REQUEST FOR COUNCIL ACTION MEETING DATE: �3 8/21/00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D — I ITEM DESCRIPTION: Owner Contract — Basic Construction in Valley Side Estates PREPARED BY: (J9706) M. Baker �3 Staff would offer the following Owner Contract project for consideration by the Council: • Lumber One Avon, Inc. (Owner & Contractor) is requesting a City / Owner Contract J9706 consisting of "Basic Construction in Valley Side Estates". I I ! l II ;E I, COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9706 'Basic Construction in Valley Side Estates' COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: qS- 8/21l00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENTAGENDA Public Works D-0040 1 ITEM DESCRIPTION: Owner Contract — Basic Construction in Summit Pointe (J9730) PREPARED BY: M. Baker Staff would offer the following Owner Contract project for consideration by the Council: • Arcon Development (Owner) & Arcon Construction (Contractor) are requesting a City / Owner Contract J9730 consisting of 'Basic Construction in Summit Pointe'. I i i 6.1 st St-1, ; ' L COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9730 "Basic Construction in Summit Pointe" COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 8 i/00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D -a.l ITEM DESCRIPTION: Owner Contract — Basic Construction in Northern Heights North PREPARED BY: Townhomes Third Subdivision (J9668) ""3 M. Baker Staff would offer the following Owner Contract project for consideration by the Council: • Arnold Bomgaars (Owner & Contractor) is requesting a City / Owner Contract J9668 consisting of "Basic Construction in Northern Heights North Townhomes Third Subdivision". l I tip t. 4 i COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9668 "Basic Construction in Northern Heights North Townhomes Third Subdivision" COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 4q 8/21 /00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D •o�eZ. ITEM DESCRIPTION: Owner Contract — Sanitary Trunkline Sewer to Serve Circle 19 PREPARED BY: Plaza — Ph I (Lots 2 - 9, Block 1, & Lots 1 & 2, Block 4) J9642 M. Baker Staff would offer the following Owner Contract project for consideration by the Council: • Hartman Farms, Inc. (Owner) & Friedrich Construction (Contractor) are requesting a City / Owner Contract J9642 consisting of "Sanitary Trunkline Sewer to Serve Circle 19 Plaza — Phase I (Lots 2 through 9, Block 1, and Lots 1 & 2, Block 4)". id it 1 t I 1 �1R1}SE ._ COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9642 "Sanitary Trunkline Sewer to Serve Circle 19 Plaza — Phase I (Lots 2 through 9, Block 1, and Lots 1 & 2, Block 4)" COUNCIL ACTION: motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING S( DATE: 8121 /00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENTAGENDA Public Works D -;Z3 ITEM DESCRIPTION: STORMWATER MANAGEMENT AGREEMENT — PREHN BUILDING SALES 5812 HWY 52 N PREPARED BY: M. Baker The Department of Public Works has received request for voluntarily participate in the City's Regional Stormwater Management Plan. This department has reviewed the information for the subject property, at 5812 Hwy 52 N, and has determined that there is support for participation. The Owner has submitted the applicable participation fee as follows: • Prehn Building Sales Building Bandel Road & Hwy 52 N $ 386.76 The funds will be deposited upon acceptance by the Council for the property to participate in the City's Plan. COUNCIL ACTION REQUESTED: Adopt a Resolution accepting voluntary participation by the above noted property, in the City's Regional Stormwater Management Plan. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 8121 /00 AGENDA SECTION: CONSENT AGENDA ITEM DESCRIPTION: ORIGINATING DEPT: Public Works — Clamshell Partners. LLC ITEM NO. D-a4 PREPARED BY: M. Baker Staff would offer the following Pedestrian Facility Agreement for consideration by the Council: Clamshell Partners, LLC is the Owner of Lot 13, Block 1, Westway Manor 3rd Subdivision. The Owner has requested that a Pedestrian Facilities Agreement be approved to address the Owner's obligations with regard to providing a four (4) foot wide concrete sidewalk along the entire north line of the Owner's property, and a ten (10) foot wide bituminous pedestrian path along the Owner's entire frontage on West Circle Drive. COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute a Pedestrian Facilities Agreement with Clamshell Partnership, LLC for Lot 13, Block 1, Westway Manor 3rd Subdivision. COUNCIL ACTION: motion by: Second REQUEST FOR COUNCIL ACTION MEETING 5� DATE: 8/21100 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENTAGENDA Public Works .� s ITEM DESCRIPTION: Request to Advertise for Bids: Sanitary Sewer and Watermain in PREPARED BY: �y� Valleyhigh Drive, J9595 J. Loehr W This is a request for a resolution to advertise for bids. The bids will be received until 11:00 AM at the office of the City Clerk on September 19, 2000 and considered by the City Council on October 2, 2000 for the following project: Project No. 9918, J9595 "Sanitary Sewer and Watermain Extension to Serve 3010 Valleyhigh Drive N.W." The estimated project costs and expense of this project are as follows: Sanitary Sewer and Watermain $ 87,441 Service Connections $ 5,769 Engineering/InteresUContingencies $ 27,963 Total Estimated Project Cost $121,173 The project is proposed to be funded from Utility Connection Agreements, Sales Tax Revenue appropriated for the Water Quality Protection Program, Water Utility share for a watermain crossing of Valleyhigh Drive NW, and Sewer Availability Charges for a sewer crossing of Valleyhigh Drive NW. The properties to be served are currently outside the City limits. However, the properties are 100% surrounded by the City and the City has initiated annexation proceedings for the properties. COUNCIL ACTION REQUESTED: A resolution should be adopted authorizing the City Clerk to advertise for bids and conduct a bid opening on September 19, 2000 at 11:00 AM. Note to City Clerk; Advertise 3 times in the Post Bulletin and Construction Bulletin beginning August 25, 2000. Gan,,m`% e�2 4yrntt!tc� a S loU fir, ynvuncr� Att: Map Notice of bid �u l `�`o G�7 �X 15fiis orr�a�t�/ aniP2 C47'ry 4 yr�t�lrn%' . �C%idK2�'�u a.�iit/7`/Z,l �l1ok l�%J-cJ y/,-tir,� Pev� cur�7l.t eni u` it 5 a7'_17�rerre �r ak+neX47`ed'kj _ ¢, t,UUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 8/21 /00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENTAGENDA Public Works �(o ITEM DESCRIPTION: Request to Establish Assessment Hearing: Reassessment of PREPARED BY:�L Special Assessments for 1615-19'" Avenue SE f J, Loehr A previous owner of 1615-19' Avenue SE became delinquent on payment of real estate taxes and special assessments previously levied against the property for project J8705 "Sanitary Sewer and Watermain, and weed removal. The property was subsequently forfeited by the owner to the State of Minnesota for nonpayment of real estate taxes and assessments. Kevin Guy purchased the tax forfeited property from the State of Minnesota at public auction. Kevin subsequently sold the property to Kanal Phang. At the time of closing Kevin provided an amount of $5,690.02 in an Escrow Account for payment of the delinquent assessments at the time of tax forfeiture. The amount of delinquent assessments attributable to the property are as follows: Principal Interest Total J8705 Basic Construction $ 3,913.39 $1,721.87 $5,635.26 Weed Removal $ 50.50 $ 4.26 $ 54.76 Delinquent Amount at Forfeiture $ 3,963.89 $1,726.13 $5,690.02 Olmsted County subsequently reimbursed the City $1,089.86 from the proceeds of the tax forfeited Property sale as follows: Reassess County Actual Forfeit. Reimburse Reassess J8705 Basic Construction $ 5,635.26 $1,035.10 $4,600.16 Weed Removal $ 54.76 $ 54.76 $ -0- Actual Amount of Reassessment $ 5,690.02 $1,089.86 $4,600.16 Eastwood Bank provided a check to the City, from the Escrow Account, of $5,690.02 for the amount of reassessment. An Assessment Agreement was previously prepared between the City of Rochester and Kanal Phang for reassessment of the delinquent assessments. Mr. Phang is not willing to sign the Assessment Agreement, even though funds are to pay the delinquent assessments. Therefore, the Department of Public Works is requesting that an Assessment Hearing be established to reassess the delinquent assessments. Upon successful reassessment of the delinquent assessments against the property the City will credit for the actual amount of reassessment $4,600.16 and refund an amount of $1,089.86 to Eastwood Bank for distribution consistent with the terms of the Escrow Account. COUNCIL ACTION REQUESTED: 1. Adopt a resolution stabling an Assessment Hearing for September 18, 2000 for reassessment of the delinquent assessments. C:UUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING 5 I DATE: 08/21 /00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA PUBLIC WORKS D�a ITEM DESCRIPTION: Award of Contract: PREPARED BY: "Construct Wellner Drive NE from 31st St NE to Rocky Creek Dr" �R. Kelm (J-9546). Bids were received and opened after 11:00 a.m., August 16, 2000 for the following local improvement project: Project Number 9820-99, (J9546) Project Name Construct Wellner Drive NE from 31st St NE to Rocky Creek Dr The following bids were received: Total Bid 1. Road Constructors $ 339,543.40 2. Elcor Construction $ 371,445.10 3. Rochester Sand & Gravel $ 389,979.53 Engineers Estimate $ 316,835.00 Project Background: The project was authorized for bidding at the July 17, 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 sidewalk. 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, " Construct Wellner Drive NE from 31st St NE to Rocky Creek Dr " (J9546) to Road Constructors. Q -47 9llA►. Po- y - %,vUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING (p t DATE: 8/20/00 " =NDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENTAGENDA Public Works D��g ITEM DESCRIPTION: Supplemental Agreement to the Brick Paver Repair Contract in PRE ARED BY: the Peace Plaza — Palmer Soderberg - Contractor Lf/ . Wellner a� On December 6, 1999 the City Council approved a contract with Palmer Soderberg to make repairs to the brick pavers in the Peace Plaza. During the preparations to complete the work, it was discovered that brick pavers that matched the color of the existing brick were not currently available. Brick pavers of the best color match available would still be significantly different in color and any brick paver replacement using the different colored brick would result in an aesthetically unsatisfactory repair. It was also noted that a large area of the semi -circle of brick at the Galleria entrance was in need of replacement. As an alternative, the full removal and replacement of the semi -circle of brick at the Galleria entrance using new brick and the use of brick salvaged during the semi -circle removal for the repairs required in the other portions of the Peace Plaza would not have the negative aesthetics associated with the spot repair with the new brick. The new brick are of a color that resembles the existing brick adequately, that when placed in an area separated by a gray concrete band of a width present in the Peace Plaza, the color difference is not noticeable. Palmer Soderberg agrees to remove and replace the brick paver semi -circle area at the Galleria entrance with new pavers and to conduct the repairs in the remaining portions of the Peace Plaza for an increase in the contract price of $8,875. COUNCIL ACTION REQUESTED: Approval of the Supplemental Agreement to Remove and Replace the Brick Pavers in the Semi -Circle at the Galleria Entrance in Peace Plaza. COUNCIL ACTION: Motion by: second by: to: CITY OF ROCESTER- Stipp. To Contract No. DEPARTMENT OF CITY ENGINEER No. SUPPLEMENTAL AGREEMENT Contractor Palmer Soderberg Fed. Project Project No.'s Dept. No. J Address 3201 E. River Road Rochester, MN 55906 Location Peace Plaza City Project No. This contract is amended as follows: Whereas, the intent of the Contract is to repair/replace brick pavers in the Peace Plaza with ;e brick pavers that match the existing pavers, and ° u Whereas, replacement pavers that match the existing pavers as far as the color of the brick .2 2 � were not available through ordinary sources, and w Whereas; in the opinion of city staff and the Contractor, the spot placement of the pavers with ,o b the `best' color match available will create an aesthetically unsatisfactory appearance, and �a Whereas the large semi -circle brick area at the Galleria entrance has a large number of a defective brick pavers, and ° p Whereas, the Contractor can supply pavers of a color match the will create an aesthetically y s satisfactory appearance if the large semi -circle brick area at the Galleria entrance were replaced in its entirety and salvaged brick used for spot repair in other areas, and. 3 a y -o .6 Now therefore, it is hereby mutually agreed that the Contractor shall: 1. Remove and replace the brick pavers in the semi -circle at the Galleria entrance c o ¢ ° new pavers. dEu o 2. Make repairs to other defective brick paver areas using brick salvaged from the t , th a a � removal of the area near the entrance. r ° w � 3. Compensation will be at a lump sum payment contract for a total price of $30,000. a o c o 4. The Contractor shall not make claim of a kind or character whatsoever for any other N s 3 e cost or expense that he may incur or that may be hereafter incurred as a result of the a w w work covered by this agreement. E C• Q W Q C Index item Class Quarter 1 Fund J County !L� Amount Requested $ 8,875.00 Original Contract Prev. Additions Total to Date $ Percentage -increase -decrease % Approved as to form acid execution Approved by Common Council Resolution -------------- Date -------------- Mayor ----- ----------------- City Attorney Attest _ -----_ --_---City_Clerk Dated B/10- _ _ 20 r Appt Dated MY/A 20 Dated_____ 20— Accepted by Contractor Approved City Engineer Dated20 Funds Av Director of! 1-CITY CLERK 2-CONTRACTOR 3-CITY ENGINEER 4-FINANCE DEPT. REQUEST FOR COUNCIL ACTION MEETING 8- 1-00 DATE: wlfi— AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works-a� ITEM DESCRIPTION: Parking Petition on 18' Street SE from 2" Avenue to 3d Avenue PREPARED BY: 72 D. Rossman The City has received a petition from residents of this block to remove parking on the south side of the street at all times. The request is due to the heavy traffic and congested parking on these streets during everyday normal conditions. The area is shown on the attached map. Block width # of signers # of units %signing 18 St. / 200 blk 30 / 50 4 8 50 % This is a local street. Traffic volumes are in the range of less than 1,000 vehicles per day. When vehicles are parked on both sides, then the remaining roadway width is 14' feet. Residents state they often meet opposing vehicles when in this area and one or the other must pull into a driveway or back out. 4 residents that live farther west and use 18th Street frequently also signed the petition. Staff has reviewed the area and recommends proceeding with the petition at this time. COUNCIL ACTION REQUESTED: Adopt the prepared resolution that adding following paragraph (222.45) to section B "No Parking Zones" to read; ( (222.45) 18" Street SE, on the South side, from 2nd Avenue to 3rd Avenue, at all times. %,%)UNCIL ACTION: Motion by: Second by: to: 383AV C W r d m LL 0 CO) 0 4 M E M O R A N D U M DATE: August 21, 2000 TO: Steve Kvenvold, City Administrator John Hunziker, City Council President FROM: David M. Rossman, Transportation Engineer a {L RE: Parking Petition 18' Street SE (Item b-29} D-Z� There is a request from the Property Owners that are opposed to this restriction to withdraw the RCA to allow time to work out a compromise. If that is OK with the Council, I will arrange a meeting and bring this back next meeting. REQUEST FOR COUNCIL ACTION MEETING �01-00 i DATE AGENDA SECTIOW ORIGINATING DEPT: PUBLIC WORKS ITEM NO. jb-30 CONSENT AGENDA „=,N ADVERTISE FOR BIDS / OPERATIONS CONTRACT FOR PREPARED BY: ZIPS DAIL-A-RIDE A KNAUER The current contractwith Rochester Transportation Systems Inc. for operation of the ZIPS Dial -A - Ride service expires on 12/31/2000. Approval is requested to advertise for bids for up to a five year contract for operation of ZIPS Dial - A -Ride. Bids would be due October 26, 2000. The proposed bid specifications call for a fixed rate per vehicle hour for the first two years with annual extensions for 3 additional years to be adjusted based on a price index. The vehicle hour rate includes all wages (drivers, dispatch and management), insurance, fuel, maintenance, tires and minor repairs. REQUESTED COUNCIL ACTION Adopt the prepared resolution authorizing advertisementof bids for operation of ZIPS Dial -A -Ride to be due at 11:00 a.m., October 26, 2000. UNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING " ? DATE: 8/21/2000 =ENDA SECTION: usent Agenda ORIGINATING DEPT: Water Reclamation Plant ITEM NO: b -3 ITEM DESCRIPTION: Engineering Service Agreement PREPARED BY: Integrated Technology Lyle J. Zimmerma The Water Reclamation Plant process control computer is 1980 vintage equipment and software. The equipment is obsolete and many spare parts are no longer available and changes to the software control programming is very difficult and expensive. The entire system needs to be replaced. Integrated Technology of Rochester has assisted the WRP with programming changes and keeping the existing computer system functioning for approximately 15 years. They know how the WRP operates and have developed or modified almost all of the process control strategies at the plant. Integrated Technology has worked with WRP staff to assess the requirements for a new process control computer system and has produced a work plan. The intent is to negotiate a professional technical services agreement with Integrated Technology to develop contract documents for the purchase of the required software, and bidding documents for furnishing and installing the computer hardware and local area communications network. Integrated Technology would also provide construction phase engineering services and would develop and tailor the software to meet the specific needs of the Water Reclamation Plant. Integrated Technology would be responsible for coordinating the entire computer replacement project including debugging the software after installation. The current CIP includes $1,480,000 for the replacement of the WRP process computer system including hardware, software, software development and professional technical services. Council Action Requested: It is requested that a professional technical services agreement be negotiated with Integrated Technology to coordinate the replacement of the WRP process control computer for a fee not to exceed $450,000. G� COUNCIL ACTION: Motion by: Second by: To: REQUEST FOR COUNCIL ACTION MEETING 69 / DATE: 8/21/00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Water Reclamation Plant 7- 3;' ITEM DESCRIPTION: Bids for Repainting the Gas Sphere at the Water Reclamation Plant PREPARED BY: Lyle Zimmerman Bids were received for the repainting of the Gas Sphere at the Water Reclamation Plant on August 16, 2000 as follows: P.L. Services $18,934 Central Sandblasting $22,050 Champion Coatings $26,800 TMI Coatings $29,900 Swanson & Youngdale $44,390 COUNCIL ACTION REQUESTED It is requested that P.L. Services be awarded a contract for repainting the gas sphere at the Water Reclamation Plant for $18,934. COUNCIL ACTION: Molon by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 08-21-00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. . T" LIC HEARINGS PLANNING G, _... DESCRIPTION: Annexation by Ordinance Petition #00-11 City Council Initiated to PREPARED BY: annex properties within Cascade Township that are 100% surrounded by the City of Theresa Fogarty, Rochester. The annexation includes properties within Sections 8, and 32, Cascade Planner Township. The annexation is proposed to become effective January 1, 2002. /7 August 16, 2000 NOTE: Staff has discovered that of the eight sites proposed for annexation, five are subject to the Orderly Annexation Agreement with Cascade Township, established in 1976. Therefore, sites # 2, # 3, # 4, # 5, and # 6 (Sections 9, 15, 21, 28, and 29 of Cascade Township), will not be included In this petition. The remaining sites # 1, # 7 and # 8 (Sections 8 and 32 of Cascade Township) will be processed as Annexation by Ordinance under this petition. City Planning and Zoning Commission Recommendation: The City Planning and Zoning Commission reviewed this annexation request on August 9, 2000. The Commission found that this property is adjacent to the city limits and can be served by City services. The Planning Commission therefore recommends approval of this request. Motion by Ms. McGowan moved to approve Annexation Petition #00.11 initiated by the City Council. Mr. Quinn seconded the motion. The motion carried 8.0. Planning Department Recommendation: lee attached staff report, dated April 18, 2000. At some future date, the staff would recommend that the City discuss the annexation of those remaining 100% surrounded orooerties within the Orderly Annexation Agreement areas with the Cascade i ownshio Board. Minnesota Statutes now specify that the property taxes payable in the year an annexation is effective shall be paid to the Township. For the five years following the annexation, the City must make a cash payment to the Township equaling 90%, 70%, 50%, 30% and 10% of the Townships share of the taxes in the year the property was annexed. The Township Taxes on the three sites will be calculated in August of 2001. Council Action Needed: 1. Following the public hearing, if the Council wishes to proceed, it should instruct the City Attorney to prepare an ordinance to be adopted for Sites #1, V, and #8 (Sections 8 and 32 of Cascade Township) and transmitted to the MN Planning /Office of Strategic and Long Range Planning. The motion shall also include that the Site #1 - 55' Street Estates Subdivision, be placed in H-Holding Zone, upon annexation to the City. Distribution: 1. City Administrator 2. City Clerk - MMB Check needs to be issued in the amount of $459.20 (91.84 acres) 3. City Attorney: Legal Descriptions to be provided by City Administration 4. City Finance Director: Tax Information to be calculated in August, 2001. f 5. Planning Department File S. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, August 21, 2000 in the Council Chambers at the Rochester I Olmsted County Government Center. COUNCIL Motion by: n Second by:— to: " ""' Gu+O G F nACTION: 'L Y, ''ri � ' duo . f V Mr � = 1JAJ i. /72 • 0 TO: City Planning and Zoning Commission FROM: Theresa Fogarty, Planner DATE: August 1, 2000 pvii, n■w ' ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 ADMINISTRATION! 5071285-8232 PLANNING GIS/ADDRESSING/ 507/265-8232 MAPPING HOUSING/HRA 507/265-8224 BUILDING CODE 507/285-8213 WELL/SEPTIC 507/2B5-8345 FAX 507/287-2275 RE: Annexation Petition #00-11 City Council Initiated to annex properties within Cascade Township that are 100% surrounded by the City of Rochester. The annexation includes properties within Sections 8, 9, 15, 21, 28, 29 and 32, Cascade Township. This annexation is proposed to become effective January 1, 2002. Planning- Department Review: Petitioners: City of Rochester Terry Spaeth, City Administration 201 SE 411 Street Rochester, MN 55904 Location of Property: The properties are located within Section 8, 9, 15, 21, 28, 29 and 32, Cascade Township. Existing Land Use! Site # 1: The property is currently a residential subdivision known as 5511 Street Estates Subdivision. Site # 2: The property is currently undeveloped land. Site # 3: The property is currently undeveloped land. Site # 4: The property is currently undeveloped land. Site # 5: The property is currently undeveloped land. Site # 6: The property is currently undeveloped land. Site # 7: The property is currently undeveloped land. Site # 8: The property is currently undeveloped land. Size: The properties proposed for annexation consist of eight sites that are 100% surrounded by the City of Rochester, totaling 330.52 acres. �V AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER t v 4 Memo To: Mayor & Common Council From:Terry Spaeth CC: Steve Kvenvold, Gary Neumann Date: 08/21/00 Re: Response to annexation related issues expressed by Ms. Marla Berg in letter in Council packet (Item E-1) dated August 1, 2000 In the Council packet under Item E-1 is a letter to the Council dated August 1, 2000 by Ms. Maria Berg. Ms. Berg expresses concern over annexation of the 55"' Street Estates Subdivision, and raised some issues. The purpose of this memo is to respond to those issues. Written Cap on Connection Charges At this point in time, there have not been any petitions for sewer and water extension filed for this area, nor has there been any feasibility studies done to determine the cost of extending those services to the properties in 55t' Street Estates. Ms. Berg's letter mentions a $35,000 cap verbally given by the City. I'm not sure where this figure was arrived at, but during the June 20, 2000 open house informational meeting, it was stated that in the Merrihills area (similar size lots to those in 551' St. Estates), the estimated cost of sewer and water extension to those lots would be in the range of $50,000. Utilizing the $15,000 maximum subsidy under the Water Quality Protection Program would still leave a financial burden of approximately $35,000 to the homeowner under that scenario. At this time, the 55t' St. Estates area may be in a similar situation to the Merrihills area, in which the remaining cost to the property owner would be too high to have a feasible project. In such cases, the City would not require the neighborhood to have City sewer and water. More discussion with the property owners would be needed before making a decision as to whether a project is needed and / or feasible. With the larger lot sizes in 55t' Street Estates, a replacement of the existing on site sewage treatment systems may be the most feasible alternative available. 0 Page 1 e Rezone 55 h Street Estates to RSa at the time of annexation Under the provisions of Paragraph 65.3502 of the City Zoning Ordinance & Land Development Manual, if the City initiates the annexation and it is shown for "low density residential" uses, the Council can zone the property to the R-1 zoning district; or may place the property in the "H" (Holding) zone if there is a question of whether R-1 may be appropriate for the area. In this case, the R-Sa zoning district may be appropriate for that area, based upon the preference of the property owners in the area. At the open house meeting, staff suggested that during the time between now and when the annexation becomes effective (January 1, 2002) that the property owners meet to decide whether they would like to have R-1 zoning, or whether they would like to have the R-Sa zoning to maintain the larger lot sizes presently found in the subdivision. A separate public hearing would need to be held related to the zoning of the property between now and January 1, 2002. Request that no additional roads be added to 55t' St. Estates The City has not proposed any additional roads in this subdivision. However, the 55"' St. Estates subdivision plat contains a number of platted easements between the existing lots. The purpose of those easements is to provide access if future resubdivision of the existing lots is desired in the future. Those easements were platted in the County under the County's development approval process. Keeping of horses Upon annexation to the City, the keeping of horses would be considered a nonconforming use; but it is allowed to remain (granfathered in) unless discontinued for a period of more than one (1) year. Ms. Berg's letter requests that the City to somehow change the ordinance in such a fashion to allow the keeping of horses as they presently can be under the existing county zoning regulations. (Under the County ordinance, the use is conforming and there may be one horse / acre of pasture.) If such a change to the ordinance is desired, it would require a formal text amendment to the zoning regulations, which requires public hearings before the Planning Commission and Council. Burning of brush The burning of brush in the City is only permitted in conjunction with a street construction project or subdivision development project as permitted by the Fire Chief under the provisions of R.C.O. 141. Other than that, only recreational fires (fires in a ring or pit less than 3 feet in diameter) are permitted within the City. Tall Grass Requirements • Page 2 4 Under the provisions of the revised tail grass ordinance, which became effective on July 1, 2000, the pasture areas on the lots are excluded from the tall grass ordinance requirements. The remainder of the property would be subject to the 10" height requirement, as well as the thistle and noxious weed control requirements. Again, any changes to that would need to go through the formal amendment process. I hope this answered or clarified the concerns raised by Ms. Berg. It seems that there may be certain issues raised, in which the City cannot just "OK" them without looking at the overall affect on the City and going through a formal amendment process if that is so desired. 0 Page 3 g--I U Memo To: Mayor and City Council From: Gary Neumann / Date: August 21, 2000 Re: 8/21/00 Public Hearing Item E-1 Annexation of Surrounded Areas - Existing and Potential Parkland One of the services that the City does provide to all areas within the City is to develop and maintain neighborhood parks to serve an area. The attached map #1 shows an existing neighborhood park immediately to the west of 55"' Street Estates adjacent to Fairway Drive and Hillsboro Drive. In addition, the attached Parkland Acquisition Map (Map #2) of the Park and Recreation Department indicates a potential for two additional parkland sites adjacent to Orchard Ridge and in the area of the NW Water Tower. The Orchard Ridge site would be a neighborhood park site. The NW Water Tower area site may be a larger more extensive park development area according to the Park and Recreation Department. Final plans for both sites have not been determined at this time. c: Roy Sutherland Denny Stotz �i wla�wwu MCk1i�cN pq NW i WINES,w pq NW IIL WNW DORSET z ; i3 � x C i Ysr Nw LLERS W �NW %STNW 22 sr rvw.. MWNW 14ap--ff / Y s p G➢ � � x a i %I IRW o T NW I TNW ^Y STNW ST YST Q YBTNW S W C. car" w Z Y V$ � STNW _ a I f Parkland Acquisition • Wedge Wood NW Tower Orchard Ridge• Alpha 41 *Properties PP Page 2 . �] Annexation #00-11 r August 1, 2000 i Existing Zoning: Site # 1: The property is zoned RA (Rural Residential) District on the Olmsted County zoning map. Site # 2: The property is zoned A-4 (Agricultural Urban Expansion) District on the Olmsted County zoning map. Site # 3: The property is zoned A-4 (Agricultural Urban Expansion) District on the Olmsted County zoning map. Site # 4: The property is zoned I (Industrial) on the Olmsted County zoning map. Site # 5: The property is zoned A-4 (Agricultural Urban Expansion) District on the Olmsted County zoning map. Site # 6: The property is zoned A-4 (Agricultural Urban Expansion) District on the Olmsted County zoning map. Site # 7: The property is zoned A-4 (Agricultural Urban Expansion) District on the Olmsted County zoning map. Site # 8: The property is zoned A-4 (Agricultural Urban Expansion) District on the Olmsted County zoning map. Future Zoning: Upon annexation, the properties should be zoned as follows: Site # 1: Placed in "H" Holding Zone. The property owners will be surveyed to determine a R-1 (Mixed Single Family) or RSa (Mixed Single Family Overlay) zoning district. Site # 2: Placed in R-1 (Mixed Single Family) Site # 3: Placed in "H" Holding Zone. Site # 4: Placed in "H" Holding Zone. Site # 5: Placed in "H" Holding Zone. Site # 6: Placed in "H" Holding Zone. Site # 7: Placed in R-1 (Mixed Single Family) Site # 8: Placed in R-1 (Mixed Single Family) Land Use Plan: Site # 1: This property is designated for "low density residential' use on the Rochester Urban Service Area Land Use Plan. Site # 2: This property is designated for "low density residential' use on the Rochester Urban Service Area Land Use Plan. Site # 3: This property is designated for "low density residential' use along the west portion of the site and "medium density residential' use along the east portion of the site on the Rochester Urban Service Area Land Use Plan. Site # 4: This property is designated for "Industrial" use on the Rochester Urban Service Area Land Use Plan. Site # 5: This property is designated for "Industrial" use on the Rochester Urban Service Area Land Use Plan. Site # 6: This property is designated for `Industrial' use on the Rochester Urban Service Area Land Use Plan. 14 Page 3 Annexation #00-11 August 1,2000 Land Use Plan (Continued): Site # 7: This property is designated for `low density residential" use on the Rochester Urban Service Area Land Use Plan. Site # 8: This property is designated for "low density residential" use on the Rochester Urban Service Area Land Use Plan. Adjacency to the Municipal The properties are 100% surrounded by the City of Limits: Rochester. Sewer & Water: Municipal water is available to serve all the areas. Utilities: Pursuant to Minnesota Statutes 414.033 (subd. 13), a municipality must notify a petitioner that the cost of electric utility service may change if the land is annexed to the municipality. Townboard Review: Minnesota State Statutes require that the Townboard members receive a written notice, by certified mail, 30 days prior to the public hearing. The City Council will hold a public hearing on this item on August 21, 2000. The City Clerk has sent the certified notice 30 days prior to that date. Referral Comments: No comments were received from any of the referrals agencies. Report Attachments: 1. Annexation ( Location Map Staff Recommendation: The affected properties are all adjacent to the City and can be served by city services upon extension of the sanitary sewer. The Planning staff recommends that the City proceed to adopt an ordinance annexing the affected properties according to Minnesota Statutes 414.033, Subdivision 2(2), to be effective January, 2002. Staff is also recommending that Sites # 1, # 3, # 4, # 5 and # 6 be placed in the "H" Holding zone. August 1, 2000 Subject: City Council Annexation #00-11 meetings on 8-9-00 and 8-21-00 City of Rochester, This letter addresses 55th Street Estates annexation meetings on August 9, 2000 and August 21, 2000 regarding City Council initiated Annexation #00-11 to annex properties in Cascade Township as known by the state of Minnesota as 55th Street Estates First Subdivision. References to the letter dated May 11, 2000 from Mayor Chuck Canfield with the subject `Letter to Residents of 100% surrounded properties in Cascade Township' will be referenced as the 'May 11, 2000 letter'. The Minnesota State Law statutes 414.033 'Annexation by ordiance' states that "A municipal council may by ordinance declare land annexed to the municipality and any such land is deemed to be urban or suburban in character or about to become so if the land is complete surrounded by land within the municipal limits." 1) The law does not state that the municipality must annex these properties. It states that it may annex these properties if the land is urban or suburban in character. 2) The homes and property in the 55th Street Estates area are not urban in character, but rather they are rural in character and have been since the 1970's. a) They have their own septic and private/shared wells. As noted in the May 11, 2000 letter, annexation to the city will not result in sewer or watermain improvement unless petitioned by the property owners. If at such a time there is a water quality problem, there have been great technological advancements made in the private septic treatment that would cost much less than the assessed cost of installing city sewer and water. Water quality in 55th Street Estates is not an issue. b) 55th Street Estates is also not urban in nature since we do not have city streets, curb and gutter, sidewalks or street lights. As noted in the May 11, 2000 letter, these improvements will also not be a part of annexation. Our urban neighbors make use of our neighborhood as an extended park to walk and run in. c) Horses are kept on the properties which also makes it rural in character. 3) Being annexed to the city gives 55th Street Estates residents no added benefits, but we will receive approximately a 9.5% increase in taxation as stated in the May 11, 2000 letter. Cascade Township has serviced our area very well and we are satisfied with this level of service. The largest annexation concern is future assessment of city water and sewer with our larger properties. The May 11, 2000 letter states there will be'limits on caps on the amounts of the connection charges or assessments'. However, since no written cap has been recorded, this statement has no meaning. At the open house on June 20, 2000 given by the city on this subject, a number of $35,000 cap was verbally given, but that number has been disputed at several meetings. This is a major financial concern. 0 ?7 , If annexation of 55th Street Estates does occur given the above objections, we would petition for the following: 1) A written statement of what the cap assessment amount for water and sewer is for the property owners if at such a time water and sewer is installed in 55th Street Estates. This would address the major concern we have with annexation. Even though sewer and water is not planned to be installed in 55th St. Estates at this time or in the near future, this could be a major financial concern and could affect how property owners would wish to zoned at annexation time. 2) Rezone 55th St. Estates to R-Sa district at the time of annexation given that cap assessment amount for water and sewer is addressed in # I above. Another major concern is having a neighborhood that have some very large lots mixed with smaller city lots that are allowed under the R-1 zoning district. By rezoning to R-Sa, this concern would be addressed and the character of this neighborhood would be maintained. 3) As part of being rezoned to R-Sa, we would request that no additional roads be added to the 55th St. Estates development. The current roads that exist in this neighborhood are very adequate and there is no need for more roads. When this development was originally platted, there was no surrounding development at that time, so future road easements were made part of the platting. Now that the surrounding developments exist and are platted, there in no longer any requirement for additional roads. 4) A change to the R-Sa zoning district to include the following: For lot sizes greater than 2 acres: a) Keeping of horses of not more than (1) horse per one (1) acre of property is allowed. b) Burning brush with a burning permit as allowed by Olmsted county. c) Grass taller than ten (10) inches in overall height is allowed to exist on the property except within fifteen (15) feet from the front (street) property line. This change is requested, as under the current city ordinances these are all disallowed: a) Keeping of the horses would be grandfathered in for those residents that currently have a horse, but not for those residents that would wish to purchase a horse in the future. b) It was not clear under the Fire Prevention ordinace Subd. 2 whether open brush burning was allowed or if permits would be given. c) Under city ordinace, grass over 10 inches in height is not allowed on the property. Respectfully submitted Marla K. Berg and illiam F. Berg 5900 Manor Ct. NW Rochester, MN 55901 a ,AL'A,MERK,f CITYCITY August 14, 2000 ROCHESTER Mr. Frederick Daly 216 75th Street NW Rochester, MN. 55901 Dear Mr. Daly: F yi.l H,Iti TF R�?4Af -b TERRY A. SPAETH Administrative Assistant City Administrator's Office 201 4th Street SE, Room 266 Rochester, MN 55904.3781 (507) 285-8082 FAX #(507)287-7979 As you are aware, there are a number of properties located within Cascade Township that have become 100% surrounded by the City of Rochester. Recently, the Rochester Common Council initiated annexation of those surrounded areas. The Minnesota Statutes pertaining to annexation allow a City to annex parcels that are 100% surrounded by the City by adopting an ordinance annexing the property. In this instance, several of the 100% surrounded properties are included in an Orderly Annexation Agreement between the City and Cascade Township that dates back to 1976. (It should be noted that the 55t' Street Estates Subdivision was excepted out of the Orderly Annexation Agreement as part of a 1977 amendment thereto.) Because these properties are within an Orderly Annexation Agreement area, the Minnesota Statute pertaining to annexation by ordinance is not applicable. Therefore, at the August 21" Council public hearing, the Council will only be taking action to annex those properties that are not subject to the Orderly Annexation Agreement. These properties are the 55 h Street Estates Subdivision area, and a small island of surrounded property in the Country Club Manor area. At some future date, the staff would recommend that the City discuss the annexation of those remaining 100% surrounded properties within the Orderly Annexation Agreement areas with the Cascade Township Board,. If you have any questions regarding this matter please feel free to call me at 285-8082. Respectfully, -�z /�' Terry A. Spaeth, CP Administrative Assistant C: Mayor & Common Council Stevan Kvenvold Gary Neumann Phil Wheeler BRAND & MA55EY SURVEYING, INC. REGISTERED LAND SURVEYORS hIINNESOTA & WISCONSIN JEFFREY BRAND, RLS RICHARD MASSEY, RLS 1009 WHITEWATER AVENUE • ST CHARLES. MN 55972 • PHONE (507) 932-3895 • FAX (507) 932-0121 i RURAL LAND SURVEYS • RESIDENTIAL LOT SURVEYS • GPS CONTROL SURVEYS - LAND SUBDIVISIONS • CONSTRUCTION SURVEYS • AS -BUILT S LOCATION SURVEYS CONSULTING SERVICES • LAND DESCRIPTIONS . TOPOGRAPHIC MAPPING • COMPUTER MAPPING • GEOGRAPHIC INFORMATION SERVICES ANNEXATION DESCRIPTION All of 55th STREET ESTATES FIRST SUBDIVISION except Lot 4 and Lot 6, Block 1, according to the plat therof on file at the County Recorders Office, Olmsted County, Minnesota. �O BRAND & MASSEY SURVEYING9 INC. REGISTERED LAND SURVEYORS MINNESOTA & WISCONSIN JEFFREY BRAND, RLS RICHARD HASSEY, RLS } 1009 WHITEWATER AVENUE • ST CHARLES, MN 55972 • PHONE (507) 932-3895 • FAX (507) 932-0121 RURAL LAND SURVEYS • RESIDENTIAL LOT SURVEYS • DIPS CONTROL SURVEYS • LAND SUBDIVISIONS • CONSTRUCTION SURVEYS • AS -BUILT d LOCATION SURVEYS ` CONSULTING SERVICES •LAND DESCRIPTIONS •TOPOGRAPHIC MAPPING •COMPUTER MAPPING •GEOGRAPHIC INFORMATION SERVICES I I a, ?I a IAI 4131211 _ummil ds e n NUNNd lwd1®���h' d 4 •ado p0�Qai mpug©o0WAN IH: a BRAND & MASSEY SURVEYING, INC. REGISTERED LAND SURVEYORS MINNESOTA & WISCONSCONSININ JEFFREY BRAND, RLS RICHARD MASSEY,, RLS 1009 WHITEWATER AVENUE • ST. CHARLES, MN 55972 • PHONE (507) 932.3895 • FAX (507) 932-0121 1 RURAL LAND SURVEYS • RESIDENTIAL LOT SURVEYS • GPS CONTROL SURVEYS • LAND SU SO IV IS IONS • CONSTRUCTION SURVEYS . AS-SUILT 5 LOCATION SURVEYS CONSULTING SERVICES • LAND DESCRIPTIONS • TOPOGRAPHIC MAPPING • COMPUTER MAPPING • GEOGRAPHIC INFORMATION SERVICES ANNEXATION DESCRIPTION Those parts of the Northwest Quarter of Section 32, Township 107 North, Range 14 West, Olmsted County, Minnesota, described as follows: Beginning at the northeast corner of MANOR WOODS WEST TENTH SUBDIVISION and the centerline of 7th Street N.W.; thence South 08 degrees 10 minutes 32 seconds West along the east line of said MANOR WOODS WEST TENTH SUBDIVISION 489.90 feet to a corner of said MANOR WOODS WEST TENTH SUBDIVISION; thence South 81 degrees 49 minutes 28 seconds East along said MANOR WOODS WEST TENTH SUBDIVISION and MANOR WOODS WEST EIGHTH SUBDIVISION 520.86 feet to a corner of said MANOR WOODS WEST EIGHTH SUBDIVISION; thence North 08 degrees 10 minutes 32 East along said MANOR WOODS WEST EIGHTH SUBDIVISION 489.90 feet to the south line of DIAMOND RIDGE FOURTEEN and the centerline of said 7th Street N.W.; thence North 81 degrees 49 minutes 28 seconds West along the south line of said DIAMOND RIDGE FOURTEEN 388.58 feet to the southwest corner of said DIAMOND RIDGE FOURTEEN; thence North 08 degrees 02 minutes 04 seconds East along the west line of said DIAMOND RIDGE FOURTEEN and DIAMOND RIDGE SIX 468.49 feet to the southerly line of DIAMOND RIDGE TWELVE; thence North 81 degrees 57 minutes 56 minutes West along said southerly line 375.00 feet to the northeast corner of Block 3, DIAMOND RIDGE SEVENTEEN; thence South 08 degrees 02 minutes 04 seconds West along the east line of said DIAMOND RIDGE SEVENTEEN a distance of 467.57 feet to the southeast corner of DIAMOND RIDGE SEVENTEEN and the centerline of 7th Street N.W.; thence South 81 degrees 49 minutes 28 seconds East along the north line of said MANOR WOODS WEST TENTH SUBDIVISION for a distance of 242.72 feet to the point of beginning. Together with Beginning at the southwest corner of Lot 8, Block 3, said MANOR WOODS WEST EIGHTH SUBDIVISION thence South 77 degrees 56 minutes 31 seconds East along the south line of said MANOR WOODS WEST EIGHTH SUBDIVISION 451.08 feet; thence South 02 degrees 09 minutes 04 seconds East a distance of 185.88 feet; thence North 83 degrees 48 minutes 34 seconds West a distance of 681.66 feet to the southeasterly line of said MANOR WOODS TENTH SUBDIVISION thence North 39 degrees 10 minutes 32 seconds East along said southeasterly line 88.42 feet; thence North 34 degrees 18 minutes 30 seconds East along said southeasterly line 114.68 feet; thence North 12 degrees 03 minutes 29 seconds East along said southeasterly line 65.03 feet to a corner of said MANOR WOODS WEST TENTH SUBDIVISION thence South 77 degrees 56 minutes 31 seconds East along said MANOR WOODS WEST TENTH SUBDIVISION 97.66 feet to the point of beginning. REQUEST FOR COUNCIL ACTION MEETING 931 DATE: 8-21-00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING 6 _C;L ITEM DESCRIPTION: Type III, Phase it Conditional Use Permit #00-19 by IBM Corporation PREPARED BY: to allow for a Substantial Land Alternation (changing the pre-existing grades more than Brent Svenby, 10') for the grading work proposed on their property. The property is located in the Mixed Commercial -Industrial district and is located west of T.H. 52, north of 26th Street NW. Planner August 16, 2000 City Planning and Zoning Commission Recommendation_ On July 26, 2000 the City Planning and Zoning Commission held a public hearing on this request. Burke moved to approval with 3 conditions suggested conditions and that findings could be made in support of the application. Brede seconded the motion, the motion carried 8-0. 1. The applicant shall provide the City with a financial security consistent with Section 62.11109, 1, t of the Rochester Zoning Ordinance and Land Development Manual. Security shall be provided with 30 days of approval of the Conditional Use Permit. 2. The applicant demonstrates to the Local Government Unit (LGU) wetlands representative if there were or weren't wetlands on site. If there were wetlands on the site, the applicant shall obtain of the necessary permits required under the Wetlands Conservation Act. 3. The applicant shall provide landscaping consistent with Section 62.1109, 2, g of the Rochester Zoning Ordinance and Land Development Manual. A landscaping plan shall be provided to the (Planning Department meeting the planting requirements. Council Action Needed: 1. If the Council wishes to proceed, It should instruct the City Attorney to prepare a resolution either approving, approving with conditions, or denying this request based upon the criteria included in the staff report. Attachments: 1. Staff Report dated July 21, 2000 2, Minutes of July 26, 2000 CPZC Meeting Distribution: 1. City Clerk 2.. City Administrator 3. City Attorney: Legal Description Attached 4. Planning Department File 5. Applicant: This item will be considered some time after 7:00 p.m. on Monday, August 21, 1999 in the Council/Board Chambers in the Government Center at 151 4th Street SE. 6. Yaggy Colby Associates (� N" I COUNCIL ACTION: Motion by: Second by: to: TO: City Planning and Zoning Commission FROM: Brent Svenby, Planner DATE: July 21, 2000 • nnu u�, ■n..�st���s an Avon lq I ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 ADMINISTRATION! 507/285-8232 PLANNING GIS/ADDRESSING/ 5071285-8232 MAPPING HOUSING/HRA 5071285-8224 BUILDING CODE 5071265-8213 WELL/SEPTIC 5071285-8345 FAX 507/287-2275 RE: Type III, Phase II Conditional Use Permit #00-19 by IBM Corporation to allow for a Substantial Land Alteration (changing the pre-existing grades more than 10') for the grading work proposed on their property. The property is located in the Mixed Commercial -Industrial district and is located west of T.H. 52, north of 26th Street NW. Planning Department Review: Applicant/Owner: Surveyors/Engineers: IBM Corporation 3605 Highway 52 North Rochester, MN 55901 Yaggy Colby Associates 717 Third Avenue SE Rochester, MN 55904 Requested Action: The applicant is requesting a Type III, Phase II Conditional Use Permit to allow for a substantial land alternation for grading work that involve changing the existing grades more than 10 feet. The applicant is also moving more than 100,000 cubic yards on the entire parcel. Location of Property: The property is located west of T.H. 52, north of 261" Street NW Zoning: The property is located in the M-1 (Mixed Commercial -Industrial) district. Referral Comments: 1. RPU — Operations Division 2. Rochester Public Works Dept. 3. Rochester Fire Dept. 4. RPU — Electric Division 5. Planning Dept. — Wetlands ,Mbf�p(py�r �Y AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER .w.u. r „ Page 2 • IBM July 21, 2000 Standards for Approval: Excavation activities are regulated by Section 62.1100 et seq. Conditional uses for Substantial Land Alternations are also subject to Section 61.146 and some additional standards specific to Substantial Land Alterations found in Section 62.1109. The City shall approve a conditional use permit authorizing an excavation activity if findings with respect to the proposed activity can be made as listed in Sections 61.146 and 62.1105 of the Rochester Land Development Manual. Report Attachments: 1. Excerpts from the Rochester Zoning Ordinance and Land Development Manual 2. Location Map 3. Grading Plan 4. Referral Comments (1 Letter) Analysis: This application includes a request for a Conditional Use Permit to allow for a Substantial Land Alteration within the M-1 (Mixed Commercial -Industrial) district. Substantial Land Alteration: IBM is doing grading work on their property as part of their transportation improvement project. A Conditional Use Permit for a Substantial Land Alteration is required for the grading work. The grading work consists of areas where the existing grade is changing more than 10 feet. All of the roadways being constructed are private roadways. A bridge is being constructed at the intersection of 371h Street NW and the future Highway 52 West Frontage Road. This location is the main entrance into the IBM property. The excavation for the bridge will require an excavation depth of about 20 feet. The improvements also include the construction of a perimeter road around the southwest side of the property and the reconstruction of the east perimeter road. There are areas in the roadway where the change in the existing grade is more than 10 feet. The applicant has indicated that the duration of the grading work will be approximately 60 days. No materials will be hauled to or from the site and all slopes and exposed areas will be sodded, seeded and mulched to prevent erosion. A detention pond is also being constructed east of the building. This pond only serves the IBM property. The areas where the existing grade is changing more than 10 feet: ➢ The bridge over the future frontage road. Requires excavation to a depth of about 20 feet (see attachments), ➢ Along the east perimeter road between stations 11+50 and 12+50 and between 20+00 and 20+50 (see attachments), ➢ Along the southwest perimeter road between stations 19+50 and 22+00 and between 23+50 and 25+00 (see attachments). Page 3 g� IBM July 21, 2000 Standards for Substantial Land Alteration Activities: Section 62.1109 lists the standards for substantial land alteration activities. The proposed grading work meets the standards except for the following two sections: Section 62.1109, 1, j) of the standards for substantial land alteration requires a 6' continuous security fence shall be provided around the entire perimeter of the property on which the substantial land alteration activity will take place. No fence is shown on the grading plan. The IBM property is pasted for no trespassing and is a secure site. Also the grading activity will take approximately 60 days to complete. Installation of a fence along the property boundaries would serve little purpose since the duration of the grading activity is a relatively short time and the property is a secure site. Section 62.1109, 2, g) of the standards for substantial land alteration requires that in addition to the required seeding, the site shall be landscaped. No landscaping is shown on the plans submitted. The applicant will need to revise their turf establishment plan to provide the required landscaping. Recommendation: Staff has reviewed this application for excavation activities and suggest that the application will meet the applicable Ordinances and that the Commission and Council can make findings in support of the application consistent with the Rochester Zoning Ordinance and Land Development Manual Section 62.1102 and 61.146 if the following conditions or modification are imposed: 1. The applicant shall provide the City with a financial security consistent with Section 62.1109, 1, 1 of the Rochester Zoning Ordinance and Land Development Manual. Security shall be provided with 30 days of approval of the Conditional Use Permit. 2. The applicant demonstrates to the Local Government Unit (LGU) wetlands representative if there were or weren't wetlands on site. If there were wetlands on the site, the applicant shall obtain of the necessary permits required under the Wetlands Conservation Act. 3. The applicant shall provide landscaping consistent with Section 62.1109, 2, g of the Rochester Zoning Ordinance and Land Development Manual. A landscaping plan shall be provided to the Planning Department meeting the planting requirements. �( tL Page 4 • U O IBM July 21, 2000 Land Development Manual Excerpts 61.145 Matters Under Consideration: The review of a conditional use is necessary to insure that it will not be of detriment to and is designed to be compatible with land uses and the area surrounding its location; and that it is consistent with the objectives and purposes of this ordinance and the comprehensive plan. 61.146 Standards for Conditional Uses: The zoning administrator, Commission, or Council shall approve a development permit authorizing a conditional use unless one or more of the following findings with respect to the proposed development is made: 1) Provisions for vehicular loading, unloading, parking and for vehicular and pedestrian circulation on the site and onto adjacent public streets and ways will create hazards to safety, or will impose a significant burden upon public facilities. 2) The intensity, location, operation, or height of proposed buildings and structures will be detrimental to other private development in the neighborhood or will impose undue burdens on the sewers, sanitary and storm drains, water or similar public facilities. 3) The provision for on -site bufferyards and landscaping does not provide adequate protection to neighboring properties from detrimental features of the development. 4) The site plan fails to provide for the soil erosion and drainage problems that may be created by the development. 5) The provisions for exterior lighting create undue hazards to motorists traveling on adjacent public streets or are inadequate for the safety of occupants or users of the site or such provisions damage the value and diminish the usability of adjacent properties. 6) The proposed development will create undue fire safety hazards by not providing adequate access to the site, or to the buildings on the site, for emergency vehicles. 7) In cases where a Phase I plan has been approved, there is a substantial change in the Phase II site plan from the approved Phase I site plan, such that the revised plans will not meet the standards provided by this paragraph. 8) The proposed conditional use does not comply with all the standards applying to permitted uses within the underlying zoning district, or with standards specifically applicable to the type of conditional use under consideration, or with specific ordinance standards dealing with matters such as signs which are part of the proposed development, and a variance to allow such deviation has not been secured by the applicant. 61.147 Conditions on Approval: In considering an application for a development permit to allow a Conditional Use, the designated hearing body shall consider and may impose modifications or conditions to the extent that such modifications or conditions are necessary to insure compliance with the criteria of Paragraph 61.146. 62.1102 FINDINGS NECESSARY FOR ISSUANCE OF CONDITIONAL USE PERMITS: The City shall approve a conditional use permit authorizing an excavation activity only if all of the following findings with respect to the proposed activity are made, In addition to those listed in Section 61.146: 1) The activity will not result in a danger to life or property due to (1) steep or unstable slopes, (2) unsafe access to the property, (3) excessive traffic, or (4) proximity to existing or planned residential areas, parks and roadways; Page 5 • • J� IBM (J J July 21, 2000 2) Visual, noise, dust, and/or excessive on- or off -site environmental impacts on public parks, roadways and residential areas can be adequately mitigated by the Applicant and a fully detailed plan is submitted by the Applicant to demonstrate the mitigation methods to be used, the cost of such mitigation, the source of funds for such mitigation, and adequate legal assurance that all of such mitigation activities are carried out; 3) The use of trucks and heavy equipment will not adversely impact the safety and maintenance of public roads providing access to the site, or such impacts will be mitigated; 4) The proposed use will not adversely affect air quality or ground water or surface water quality; 5) The proposed use will not adversely affect the scenic quality of Rochester or the natural landscapes, environment, wildlife and wildlife habitat; or if such effects are anticipated to occur, the reclamation plan provides for adequate restoration of the site following completion of the excavation activity; 6) The activity will be compatible with existing development and development anticipated in the future, including other uses as shown in the Comprehensive Plan, including but not limited to: patterns of land use, recreational uses, existing or planned development, public facilities, open space resources and other natural resources; 7) The activity will not unduly affect the use and enjoyment of adjacent properties; 8) The site plan provides for adequate buffers and screening year-round from unsightly features of the excavation operation; 9) The reclamation plan provides for adequate and appropriate restoration and stabilization of cut and fill areas; 10) The excavation activity will not result in negative impacts on drainage patterns or stormwater management facilities; 11) The proposed activity will minimize impacts on sinkholes, wetlands and other natural features affecting ground water or surface water quality; 12) The intensity and the anticipated duration of the proposed excavation activity is appropriate for the size and location of the activity; 13) Permanent and interim erosion and sediment control plans have been approved by the City; 13) Surety has been provided that guarantees the site will be fully restored, after completion of the excavation activity, to a safe condition, and one that permits reuse of the site in a manner compatible with the Comprehensive Plan, neighborhood plans, the Land Use Plan and applicable City policies. 14) The proposed activity complies with the requirements of the adopted building code. 62.1109 STANDARDS FOR SUBSTANTIAL LAND ALTERATION ACTIVITIES 1) OperationslPerformance Standards: The following minimum operation/performance standards shall apply to all other substantial land alteration activities unless otherwise specified: qo Page 6 • IBM July 21, 2000 a) Any topsoil removed from the surface and retained on the site shall be removed carefully and stockpiled in a manner to prevent erosion, for re -application to disturbed areas during reclamation. b) Hours of operation shall be limited to the hours of 7 a.m. - 10 p.m. for operational activities including blasting, dredging, excavation, processing and hauling. Hours and days of operation may be restricted by the Council for operations within 1,000 feet of any residential areas or operations that rely on residential roadways for access. c) To the extent possible, designated truck routes shall be used for all hauling as well as for all access to the site. All other routes and access shall be approved by the City Engineer. d) Stormwater runoff, erosion and sedimentation shall be controlled by a plan submitted to the City by the Applicant and approved by the City Engineer pursuant to Section 64.300 at seq. The Plan shall address the compatibility of the proposed use with the County Water Quality Plan and the City Stormwater Management Plan or adopted City drainage or stormwater policies applicable to the area. e) The Applicant shall provide signs on the property and along haul routes where deemed necessary to promote the safety and general welfare of the neighborhood and general area. Required signs may include, but shall not be limited to, "No Trespassing," "Trucks Hauling," "Danger," "Blasting" and others. Other signs may be required if necessary. f) Activities shall be phased to identify the sequence of operation. A new phase shall not begin until at least 50% of an active/current phase is reclaimed as per the reclamation plan and the City has verified the completion of the reclamation of the phase to the extent that it can be reclaimed. g) Operations shall maintain compliance with local and state standards for noise, dust and vibration. All equipment and machinery shall be operated and maintained in such a manner as to minimize dust, noise, and vibration. Access roads shall be maintained in a dust -free condition by surfacing or other treatment on a regular basis and as may be specified by the City Engineer. A water truck for the purposes of dust control may be required on -site. h) Adequate dust control methods shall be implemented. Roadways adjacent to the property shall be swept and cleaned on a regular basis and, in addition, when directed by the City Engineer as being necessary. 1) A performance bond or other financial security in an amount satisfactory to the City Engineer and in a form approved by the City Attorney shall be secured from the Applicant to ensure that all applicable standards are fully met during operation and to ensure proper reclamation of the site is completed In a timely manner. j) A 6' continuous security fence shall be provided around the entire perimeter of the property on which the substantial land alteration activity will take place. Additional fencing requirements may be imposed on portions of the site abutting residentially zoned or planned areas, parks, playgrounds, sidewalks, trails, schools, churches and other public facilities and gathering places. k) Required minimum distance of specific on -site activities from adjacent property zoned residential, commercial and industrial, when the proposed activity will exceed 24 months. Page 7 • I IBM July 21, 2000 Required minimum distance from adjacent property zoned: Residential Commercial Industrial Excavation area with an elevation change of greater than 10 feet 500' 100, 50' to vegetated stockpiles 500, 100, 50, to any non -vegetated stockpiles or loading points 750' 200' 50' to any processing 1000, 500, 100, to any blasting - from a developed property 1000, 500' 400' Provided, however, that if a 6'vegetated berm is constructed to screen the activity, which meets all applicable City standards and is approved by the City Engineer, the required minimum distance of specific on -site activities from adjacent property zoned residential, commercial and industrial when the proposed activity will exceed 24 months shall be as follows: Required minimum distance from adjacent property zoned: Residential Commercial Industrial excavation area with an elevation change of greater than 10 feet 250' 50, 50' to vegetated stockpiles 250' 50, 50, to any non -vegetated stockpiles or loading points 300' 100, 50, to any processing 1000, 200' 100, to any blasting - from a developed property 1000, 400' 400' If a sound barrier is constructed that is capable of reducing sound levels at the nearest residential lot line to a level meeting the performance standards of Section 63.650, the required distance from residential zones for crushing, processing, and blasting may be reduced to 500 feet. 1) Required minimum distance of specific on -site activities from adjacent property zoned residential, commercial and industrial, when the proposed activity will not exceed 24 months: Required minimum distance from Residential Commercial Industrial adjacent property zoned: Excavation area with an elevation 200' 50' 50' change of greater than 10 feet to vegetated stockpiles 200' 50' 50, to any non -vegetated stockpiles or 400' 100, 50' loading points to any processing 750' 250' 100, to any blasting - from a developed 750' 250' 400' property Provided, however, that if a 6'vegetated berm is constructed to screen the activity, which meets all applicable City standards, the required minimum distance of specific on -site activities from adjacent property zoned residential, i / Page 8 O` IBM July 21, 2000 commercial and industrial when the proposed activity will not exceed 24 months shall be as follows: Required minimum distance from adjacent property zoned: Residential Commercial Industrial Excavation area with an elevation change of greater than 10 feet 100' 50, 50, to vegetated stockpiles 100, 50' 50, to any non -vegetated stockpiles or loading points 200' 100, 50, to any processing 300' 100, 100, to any blasting - from a developed property 750' 400' 400' If a sound barrier is constructed that is capable of reducing sound levels at the nearest residential lot line to a level meeting the performance standards of Section 63.650, the required distance from residential zones for crushing, processing, and blasting may be reduced to 500 feet. m) Where a stockpile is visible from an arterial roadway or residential district, the height of a stockpile may be limited by the Council. In any case, the height of a stockpile may not exceed 50 feet for permanent stockpiles and 75 feet for temporary stockpiles in a non-residential district. n) Any lighting or signage, other than security signage, on the property shall meet the standards for the zoning district in which the activity is located. o) A Blasting Plan shall be submitted to the City Fire, Public Works and Planning Departments with proof of insurance in an amount as approved by the City Engineer and in a form as approved by the City Attorney. Such activity shall be conducted only by licensed, insured individuals or entities and in conformance with all applicable federal, state and local regulations. p) No excavation operation shall be conducted in such a manner as to permanently lower the water table of surrounding properties, except in quaternary deposits, nor shall such excavation activity cause the drainage of a Wetland without the applicant first obtaining an approved Wetland replacement plan. q) A weight scale may be required to be located at the site, and, if necessary, other restrictions may be imposed if roadways adjacent to the operations are not suitable for heavy truck traffic. A record of all truck load weights exiting the site must be maintained for no less than two (2) years as evidence of weight limit compliance and such records shall be available for inspection by the City Engineer. r) Where applicable, no excavation shall occur within 100 feet of a protected water body unless otherwise permitted by the MnDNR. Where excavation occurs on more than one side of a protected water body, a setback of 50' may be maintained on one side when a setback of 200' or more is maintained on the other, if approved by MnDNR and the City Engineer. s) A traffic analysis may be required by the City Engineer to determine the impacts of the truck traffic generated by the land alteration activity on the traffic safety and service levels of area roads and intersections in the vicinity of the site. 2) Reclamation Standards: The following minimum reclamation standards shall apply to substantial land alteration activities unless otherwise provided. However, the reclamation standards shall be consistent with the Grading Plan Checklist specified by the Public Works Department. Page 9 IBM July 21, 2000 • q,3 a) Topsoil. Topsoil capable of sustaining vegetative growth shall be provided and evenly spread on all disturbed areas. b) Timing. Disturbed areas shall be stabilized and seeded at the earliest possible time or, as specified, and any permits issued for the proposed use shall establish a schedule for stabilization and temporary and permanent seeding for the site. Progressive reclamation practices shall be utilized to continue to reclaim and stabilize disturbed areas prior to moving to a new phase. Seeding and planting shall occur during the appropriate seasons and times of year in accordance with published guidelines for this climate and region (MnDOT, DNR, SWCD guidelines). c) Drainage. Any alteration of the natural drainage system or public waters or jurisdictional Wetlands shall not adversely affect any other adjacent properties or public facilities. d) Slooe. 1) No site shall exceed 3 feet horizontal to 1 foot vertical incline over a distance of 30 feet The angle of repose shall be modified to a flatter angle, but not steeper angle, if it Is shown that the site will be unstable at 3:1 ratio or that vegetation cannot be established on the 3:1 slope. This provision may be waived or modified by the Council upon the recommendation of the City Engineer. 2) For all locations where water bodies are created, the slope of the bottom of the lake from water's edge shall not exceed 4:1 for a distance of 20' from waters edge and shall not exceed a depth of 10 ft. beyond that point for a distance of 20 ft.. The slope above the water's edge shall not exceed 3:1 for a distance of 20 feet from the water's edge. e) Water Bodies - Shaping and Enhancement. 1) Where water bodies are created, only freeform and natural form lakes will be allowed. in commercial and residential zones. All water bodies shall include variation of shoreline and depth and shall include curvilinear shorelines. 2) Where practical, the minimum size of water bodies fed by groundwater and not connected to streams shall be 5 acres, with a minimum average depth of 24 feet. Shallow water bodies may be considered where the Applicant can provide evidence that such water body will not result in poor water quality and that it will not result in a nuisance to the area. f) Erosion Control. 1) Use of silt fences, bale checks, sediment basins, and other similar structures and methods that require ongoing maintenance will generally not be accepted for long-term reclamation. The intent of final reclamation is to leave the site in a maintenance -free and stable condition. 2) Seeding shall be done in accordance with NRCS technical standards. 3) All exposed areas shall be seeded and stabilized with an appropriate seeding mixture so as to prevent erosion. Sodding or other erosion control methods or materials approved by the City Engineer may be required for highly erodible areas or in areas where seed growth cannot be established in a reasonable time period. 4) All equipment, stockpiles, debris, signs, silt fence and other erosion control structures shall be removed from the site after completion of the activity. Page 1014 • IBM July 21, 2000 5) Adjacent roadways shall be swept and cleared of loose or foreign materials resulting from the reclamation operations. 6) Erosion control measures shall be kept in place until permanent vegetation has been established on site and erosion is controlled. g) Revegetation. In addition to required seeding, the reclaimed site shall be landscaped. The applicant shall have the flexibility to arrange plant material to best suit the ultimate proposed use and design of the property, provided that: 1) At least 8 deciduous and 8 evergreen trees from the City's approved plant list, and consistent with the requirements of Section 63.150, are planted for each disturbed acre; and 2) At least 25 percent of required trees are planted within 30 feet of the perimeter of the site. h) Final reclamation of each phase of the operation shall be completed within six (6) months of completion of each phase of the operation. Extensions may be granted by the Zoning Administrator should the activity cease after September of any given year. No building permits shall be issued on the property prior to completion of reclamation of the site. Post -Reclamation Land Use 1) If the owner proposes to construct structures on the site as part of the post - reclamation land use activities, all of such uses shall be specified. 2) The owner shall submit all necessary documentation for such proposed uses, including but not limited to a Site Plan, an application for rezoning, an application for a building permit, or other required documentation necessary for approval of the proposed use on the reclaimed site. 3) If an exposed bedrock slope steeper than 3:1 is proposed post -reclamation in a Residential District, the Council may waive the otherwise applicable height and steepness standards (i) If the slope will be screened by a structure, permitted pursuant to subsections (a) and (b) above, (if) if safety features will be Incorporated into the site to minimize risk and (111) if sufficient financial assurances are provided by the owner/developer in an amount as determined by the City Engineer, and in a form approved by the City Attorney and the Finance Director, and provided to the City concurrently with the required Reclamation Plan. 4) Financial assurances shall be in the form of surety bonds, irrevocable letters of credit or cash bonds. Other alternatives providing adequate assurances may be considered by the City Attorney and Finance Director and, if approved, may be recommended to the City Council. J WETLAND COMMENTS FOR DEVELOPMENT APPLICATIONS" Application Number: Co — f-Oo i9 1& 0 hydric soils exist on the site based on the Soil Survey Hydric soils exist on the site according to the Soil Survey. The property owner is responsible for identifying wetlands on the property and submitting the information as part of this application. A wetland delineation has been carried out for the property and is on file with the Planning Department A wetland delineation is on file with the Planning Department and a No - loss, Exemption, or Replacement Plan has been submitted to the Planning Department. A wetland related application has been approved by the City. This plan incorporates the approved wetland plan. No hydric soils exist on the property based on the Soil Survey. However, due to the location in the landscape the property owner should examine the site for wetlands. The property owner is responsible for identifying wetlands. Other or Explanation From John Harford Wetlands LGU Representative We MEMO TO Rochester/Olmsted County Planning FROM Dale Allen P.E. DATE June 28, 2000 SUBJECT Substantial Land Alteration ENO] E��/RRSS/� ARCE9TS SURVEYORS LANDSCAPE ARCHITECTS PLANNERS IBM Transportation Improvements A conditional use permit is being requested for a substantial land alteration for the grading required as part of the IBM Transportation Improvement Project. This project includes reconstruction of the 371h Street entrance road to IBM. A bridge is being constructed at the intersection of the future TH 52 West Frontage Road. Excavation for the bridge will require an excavation depth of about 20 feet. The project also includes construction of a perimeter road around the southwest side of the IBM property and reconstruction of the east perimeter road. Excavation depths of greater than ten feet are required on the southwest perimeter road between station 19+50 and station 25+00 and on the east perimeter road between station 11 +50 and 12+50 and between station 20+00 and 20+50. The grading will not impact bordering properties. The grading will not require exporting or importing of grading materials. The grading project will not increase truck traffic on public roads. The grading duration will be approximately 60 days. Section 62.1106 of the Land Development Manual identifies information required for an assessment of existing/pre-alteration conditions. This information is provided below: a) Soil types -Soil boring information is shown on sheet 36 for the bridge construction. A cross-section at the bridge is also included showing the required excavation. b) Plan sheets C-11 through C-14 show grading contours for the new parking lot, east perimeter road, and the detention pond construction. Cross sections at the bridge at 37'h street are shown on sheet 1 and sheet 36. Cross sections for the southwest perimeter road are shown on sheets D-11 to D-26. c) Existing roads are shown on plan cover sheet. qg i 4 d) No existing public roads will be used for hauling with the exception of mobilizing equipment, e) IBM property is Zoned M-2, Industrial District. Nearest R-1 zoned property is located to the south of the IBM property about 1500 ft. from the construction. fl Major excavation has previously been completed on the property when the existing building sites were developed beginning in 1957. A recently approved grading plan and major land alteration permit has been approved for the Ryan Development located just north of 37`h Street. g) No wells exist on or in the vacinity of the excavations. No blasting will be required for the excavation. h) No floodway, floodplain or shoreland exist on the property. No wetland has been identified. i) No historic sites exist on the property. j) Existing and proposed utilities are shown on sheets C-11, C-12 and C-13. k) The only public facility on the site is watermain. The watermain is shown on sheets C-11, C-12, C-13 and D4. 1) No schools are located within 1,000 ft. of the site. m) Residential zoning(R-!) borders the IBM property to the south. The R-1 border is more than 1500 feet from the proposed construction. Mixed commercial industrial (M-1) borders the IBM property to the west and along the north with the exception of the Ryan development, now under construction, which has been rezoned to B-4 n) Adjacent properties have been rezoned. o,p) TH 52 improvements including the future construction of the West Frontage Road impact the site. The Bridge is designed for the future frontage road crossing of 37`6 street NW. The design of the project accommodates the proposed frontage road construction. q) No future public improvements are included in the City Capital Improvement Program that effect the site. r) No traffic report or traffic analysis has been completed. s) The present use of the site is for the IBM development laboratory and manufacturing facility. t) Previous use of the property prior to 1957 development of the site was for agricultural farmland. u) Current Zoning is M-2, Industrial District. The grading plan for this project has been submitted and approved by the city of Rochester Department of Public Works. The grading plan includes measures for erosion control, sediment control, and storm water management. VA s : 4 Section 62.1105 of the Land Development Manual lists findings necessary for issuance of a conditional use permit. Our response to the 15 findings statements are indicated below: 1) The grading will not create steep or unstable slopes or affect unsafe access to the property. Grading materials will not be hauled to or from the site. Residential areas are not in close proximity to the grading site. 2) The grading will conform to the standards of the City of Rochester Public Works. A grading plan and grading permit application has been submitted to the City for approval. Best management practices will be used to minimize noise and dust resulting from the grading operation. 3) The grading will not require trucks or heavy equipment to use public roads other than to mobilize equipment to the site. 4) Best management practices will be used to minimize noise and erosion from the site. Silt fences, and soil bermming will be used to control erosion from the site. 5) All grading will be completed within the IBM property boundaries. After grading is completed the site will be sodded or seeded and mulched to restore the area. 6) The proposed project conforms to land uses and zoning of the City of Rochester. 7) The grading will not affect the use and enjoyment of neighboring properties. 8) IBM will be doing extensive landscaping of the their property once the grading is complete. 9) All slopes and exposed areas of the development will be sodded, seeded and mulched to prevent erosion. 10) Surface drainage from the site will not be altered. As part of the grading a regional detention pond is being constructed to treat storm runoff east of the building site bordering TH 52. 11) No sinkholes or wetlands will be affected by the grading. 12) The grading will be completed over a two -month time frame. 13) A Grading plan, which includes interim erosion and sediment control, has been submitted to the City Dept. of Public Works for review and approval. Public Works Dept. has approved the grading plan. 14) Surety has not been required in the past for grading activities on private property. If required, a bond to the city will be provided. 15) The grading complies with the adopted building code requirements. t 00Page 3 City Planning and Zoning Commission Minutes Hearing Date: July 26, 2000 CONDITIONS: 1. Prior to the cons, ction of this development, the plicant must obtain approval( a grad1. and drainage plan for IWCidevelopment. The applicant must also address st m water manageemm for the project. 2. Any needed repairs or p el repla , lent to the existing sidewalk along 9'/� Street SE must be done a he ner's expense concurrent with this project. The Public Works Departm will inspect the condition of the sidewalk at the time of development to er ine if repair or replace is needed. 3. Prior to develop wit, a detailed hting plan, including illumination levels at the property lit s be submitted to a Planning Department for review. The Zi meet standard " A" in ction 63.210 of the Land Development 4. be revised to indicate the ty and number of plantings within the Mr. Quinn entered the meeting. PUBLIC HEARINGS: Type III Phase II Conditional Use Permit #00-19 by IBM Corporation to allow for a Substantial Land Alternation (changing the pre-existing grades more than 10') for the grading work proposed on their property. The property is located in the Mixed Commercial -Industrial district and is located west of T.H. 52 north of 26 Street NW. (public hearing) Mr. Brent Svenby presented the staff report, dated July 21, 2000, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Mr. Svenby stated that, since they are changing the existing grading of four areas more than 10 feet and are moving more than 100,000 cubic yards of material on the site, it triggers substantial land alteration. Mr. Suk asked if the Commission needed to recite the findings. Mr. Svenby responded that the Commission should include in their motion that the application will meet the applicable ordinances and that positive findings can be made in support of the application. Mr. Burke asked if the grading has already been altered by 10 feet. Mr. Svenby stated that the applicant should address that question. He indicated that it appears that most of the work is already completed on the site. Mr. Suk asked if staff thinks that this type of situation will occur more. M Page 4 City Planning and Zoning Commission Minutes Heating Date: July 26, 2000 0 to ' Mr. Svenby explained that this issue is usually taken care of at the GDP and preliminary plat stages. However, he indicated that the Public Works Department signed off on the grading permit. He explained that, after the Public Works Department signs off on the grading permit, it is sent to the Rochester Building and Safety Department for an actual permit. The Building and Safety Department then refers it to the Rochester -Olmsted Planning Department for final approval. He indicated that, it was at this stage, staff found that they were changing the existing grades by 10 feet or more and moving over 100,000 cubic yards of material. Therefore, a grading permit has not actually been issued. Mr. Svenby stated that staff did not issue a stop work order on the site, since they filed for a conditional use permit and the grading activity is not immediately adjacent to residentially developed areas. Mr. Quinn asked how they know exactly where the frontage road will be located. Mr. Svenby stated that it would be a private bridge serving the IBM site. The Ryan Development to the north went through a final plat on the property and platted the frontage road up to that bridge. Therefore, the alignment of where the frontage road will cross on IBM's property has been set. Mr. Werven asked if there is a precedent to this situation. Mr. Svenby responded that this issue would not become routine, since this issue is normally resolved at the platting stage. He indicated that, if IBM choose to plat their property and do a final plat, they could have asked for a waiver of these requirements. Mr. Wade Dumond, of Yaggy Colby Associates, addressed the Commission. He stated that he spoke with Dale Allen and he had indicated that IBM would be handling the issue. With no one else wishing to be heard, Mr. Sulk closed the public hearing. Mr. Burke asked if the Commission could approve the request with a statement indicated that they were not particularly fond of the timing of the request. Mr. Suk responded that they could approve it with the findings then add a statement to the approval. They could state that it is inconsistent with the intent. Mr. Burke moved to approve Type III, Phase II Conditional Use Permit #00-19 by IBM Corporation, with staff -suggested conditions and that findings could be made in support of the application. ` Mr. Brede seconded the motion The, motion carried 8-0. CONDITIONS: 1. The applicant shall provide the City with a financial security consistent with Section 62.1109, 1, 1 of the Rochester Zoning Ordinance and Land Development Manual Security shall be provided with 30 days of approvalof the Conditional Use Permit: 2. The applicant demonstrates to the Local dovern'ment Unit (LGU) wetlands r representative if there were or weren't wetlands on'site. _If.there were wetlands on the site, the applicant shall obtain of the necessary permits required und6r the Wetlands Page 5 • • l City Planning and Zoning Commission Minutes t Hearing Date: July 26, 2000 ns 3. The applicant shall provide landscaping consistent with Section 62.1109, 2, g of the Rochester Zoning Ordinance and Land Development Manual. A landscaping plan shall be provided to the Planning Department meeting the planting requirements. Mr. Brent Svenby Ner-Olmsted he staff report, dated July 21, 2000, to the Commission. The staff report is on file at Planning Department. Mr. Wade DumonColby Associates, addressed the Commission. He stated that the applicant is in agr'ate staff -suggested condition. With no one else wishing to be ffetard, Mr. Suk closed the`public hearing. Ms. Petersson moved to approve Ty Plat) #00-29 to be known as Orchard condition. Mr. Stayer seconded the CONDITION: 1. Parkland dedication requirements of land consistent with the attache Department dated July 3, 2000.,' OTHER BUSINESS: Lp South Second, with the staff -suggested N. ej motion carried 8-0. f this Plat shall be met via cash payment in lieu memo from1he Rochester Park and Recreation Ms. Petersson moved ty'approve the 20001 Planning Commission Budget, seconded by Mr. Staver. The motion carried 8-0. �ti, Mr. Slaver asked wpat the rental expense was for. Mr. Svenby responded that the rental expense was from the annual meeting. He in ated that the registratio and training expense was from one of the Commission members who ttended a workshop. Mr. Sve y stated that there is money in the budget for training and memberships. He explai d that, if the Commission wanted additional information as far as books and audiotapes of different planning issues, they should contact the Planning Department. REQUEST FOR COUNCIL ACTION MEETING 03 - DATE: 8-21-00 "^E:NDASECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING E- 3 ITEM DESCRIPTION: Type III, Phase II, Preliminary Plat #00-29 to be known as PREPARED BY: Orchard Hills South Second Subdivision. Mitzi A. Baker, August 15, 2000 City Plannin_q and Zoninq Commission Recommendation: The City Planning and Zoning Commission held a public hearing on July 26, 2000 to consider this preliminary plat. The Planning Commission recommended approval of Preliminary Plat #00-29, subject to the following modifications and conditions. Petersson moved, Staver seconded, the motion carried a-0. 1. Parkland dedication requirements for this Plat shall be met via cash payment in lieu of land consistent with the attached memo from the Rochester Park and Recreation Department dated July 3, 2000. Council Action Needed: 1. The Council may approve, approve with conditions, or deny the land subdivision permit. The Council must make findings of fact as a basis for the decision. Attachment: 1. Staff Report dated July 21, 2000. 2. Minutes of July 26, 2000 CPZC Meeting Distribution: 1. City Administrator 2. City Clerk 3. CityAttomey 4. Planning Department File 5. Planning Department, GIS Division 6. Applicant: This item will be considered sometime after 7:00 p.m. on Monday September 21, 2000, in the Council/Board Chambers at the Government Center, 151 4th Street SE. 7. Yaggy Colby Associates 4 COUNCIL ACTION: Mobon by: semnd by: to: 00a W-< A TO: City Planning and Zoning Commission FROM: Mitzi A. Baker, Senior Planner DATE: July 21, 2000 �%7i1M.bl�7 • . rN��j�r�vv� ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 ADMINISTRATION/ 5071285-8232 PLANNING GISIADDRES81NG/ 5071285-8232 MAPPING HOUSING/HRA 507/285-8224 BUILDING CODE 5071285-8213 WELVSEPTIC 507/285-8345 FAX 507/287-2275 RE: Type III, Phase II Land Subdivision Permit (Preliminary Plat) #00-29 by Michael Younge Development to be known as Orchard Hills South Second. The Plat proposes to subdivide 6.58 acres of land into 13 lots for single family residential development. The plat also dedicates the right-of-way for one new public roadway, the extension of Braeburn Lane SW. The property is located east of Foxcroft North Fourth Subdivision and north of Orchard Hills South First Subdivision. Planning Department Review: ApplicantfOwner: Mike Younge Development 1765 SW Greenview Drive Rochester, MN 55902 Surveyors/Engineers: Yaggy Colby Associates 717 Third Ave. SE Rochester, MN 55904 Referral Comments: 1. Rochester Department of Public Works 2. Rochester Park & Rec. Dept. 3. RPU Water Division 4. Rochester Fire Department 5. Olmsted County SWCD Report Attachments: 1. Land Development Manual Excerpts 2. Referral Comments (5 Letters) 3. Copy of Cook Thompson General Development Plan 4. Copy of Preliminary Plat Development Review: Location of Property: This plat is located north of Foxcroft North Fourth AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER �w.e. j O� Page 2 • 1+ Orchard Hills Second Subdivision July 21, 2000 Zoning: Proposed Development: subdivision and west of 23`d Ave. SW. The property is zoned R-1 (Mixed Single Family) district. This development consists of 6.56 acres to be subdivided into 13 lots for single family residential development. Streets: The plat proposes to dedicate the right-of-way for one public roadway,'Braeburn Lane SW", which is a cul- de-sac with a 56' wide right-of-way. Utilities: Utilities are available to serve the subdivision from Orchard Hills South First subdivision, which abuts the southern boundary of this plat. Sidewalks: In accordance with current City policy, sidewalk is required along both sides of the roadway being dedicated in this plat. Drainage: Elevations on the property range from approximately 1174' in the southeast to 1124' in the northeast portion of the Plat. The property generally drains to the north. The plat proposes to capture stormwater and outlet it at the north property line. Wetlands: Minnesota Statutes require that all developments be reviewed for the presence of wetlands or hydric soils. There do not appear to be hydric soils within this plat. Spillover Parking: The proposed roadway appears to be adequate to accommodate the required spillover spaces. Additional spillover spaces will likely be accommodated within the driveways. Parkland Dedication: There is no parkland included within the boundaries of this plat. The Park & Recreation Department recommends that dedication requirements be satisfied by cash in lieu of land. General Development Plan: This property is included within a General Development Plan for which an amendment was approved in the fall of 1999. At the time this preliminary plat was submitted, the applicant also submitted a Type I (staff review) amendment to the GDP to allow for slight modification of the roadway length and lot pattern. Page 3 • • Orchard Hills Second Subdivision July 21, 2000 Staff Review and Recommendation; The Planning staff has reviewed this preliminary plat request under the provisions of LAM Sections 61.225 (effective 5115/199). The staff recommends that the following modifications or conditions be imposed on this preliminary plat in order to insure that the above -mentioned criteria are met: 1. Parkland dedication requirements for this Plat shall be met via cash payment in lieu of land consistent with the attached memo from the Rochester Park and Recreation Department dated July 3, 2000. REMINDER TO APPLICANT., • Prior to development, the property owner will need to execute a City Owner Contract for construction of the public roadways and utilities. • This Plat is subject to the Subdivision regulations, which became effective May 15, 1999. Approved grading, drainage and construction plans and an executed Development Agreement will need to be submitted with the final plat application if the applicant intends to record the final plat documents prior to completion of infrastructure Improvements. •• ��� �§�a� t39P�; 1Vld AbVNIWl1321d v1053NN1W'N3153H]ON ` e HUONOD3S Hinos SIIIH (MVHDNO f �U £a,69£' i Fi ij ,a.'IZ,f L.E°5C f• ��l �^ r i� 17 8 ROCHESTER Minnesota 7/13/00 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 a Preliminary Plat #00-29 on the Orchard Hills South Second property. The following are the Public Works comments on the proposal: 1. A Development Agreement has been executed for this subdivision. Charges/fees applicable to the development of this property are addressed in the executed Development Agreement, with the exception of: :• Traffic Signs as determined by the City of Rochester Traffic Division: 2 Street Name Signs 1 Dead End Sign C:ITEMPIPP#00-29.doc ROCHESTER PARK AND #CREATION DEPARTMENT 201 FOURTH STREET SE ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: July 3, 2000 TO: Jennifer Garness Planning RE: Preliminary Plat #00-29 Orchard Hills South Second Acreage of plat.......................................................... Number of dwelling units ............................................. Dwelling unit density ................................................... Densityfactor............................................................ Dedication............................................................... Fair market value of land ............................................. 6.58 a 13 units 1.98 units/a .0244 .32 acres $25,000/acre The Park and Recreation Department recommends that dedication requirements be met via: Cash in lieu of land Applicant: Michael Ywnge Development 1765 Greenview Drive SW N:\PARK\DSTOTZ\2000\DEDICATION\SW 2897\ORCHARD HILLS SOUTH 2ND.DOC rpu r we pledge, rve deewer July 10, 2000 Rochester-Ohnsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Type III, Phase II, Preliminary Plat 400-29 by Michael Younge to be known as Orchard Hills South Second. Dear Ms. Garness: Our review of the referenced preliminary 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. Minor revisions to the proposed water system layout are required. We have provided the applicant's engineering firm with these comments. Please contact us at 507-280-1600 if you have questions. Very truly yours, 0644x (- Q- Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Bureau Wade Dumond, Yaggy Colby Associates Michael Younge Development Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 CITY OF ROCHESTER ZONING ORDINANCE AND LAND DEVELOPMENT MANUAL EXCERPTS 61.225 Findings for Land Subdivision: The Zoning Administrator, Commission or Council shall approve a development permit authorizing a land subdivision if all of the following findings with respect to the proposed development are made: A. The proposed land subdivision conforms to all relevant requirements of this ordinance and variances have been granted to permit any nonconformance. B. That the proposed water system and sanitary sewer system are adequate to serve the normal and fire protection demands of proposed development and to provide for the efficient and timely extension to serve future development. C. That the plan for soil erosion and stormwater management meets the adopted standards of the City of Rochester and is consistent with the adopted Stormwater Management Plan or adopted drainage or stormwater policies. D. That the vehicular and non -motorized system is consistent with adopted transportation plans and is consistent with the street layout standards listed in Section 64.120 and traffic service standards in Section 61.526. E. That the lot and block layout provide for safe and convenient vehicular, service and emergency access, efficient utility service connections, and adequate buildable area in each lot for planned uses. F. That the proposed land subdivision has taken into account the current 6-Year and other Long -Range Capital Improvements Programs and the elements listed therein in the design of the subdivision. G. That the proposed subdivision, if in a residential zoning district, --addresses the need for spillover parking consistent with the requirements of Section 63.426. H. That right-of-ways and easements of adequate size and dimension are —provided for the purpose of constructing the street, utility, and drainage facilities needed to serve the development. I. That the proposed parks, trail thoroughfares and open space dedications are consistent with adopted plans, policies and regulations. J. That the proposed subdivision will not have off -site impacts on the street, drainage, water or wastewater systems that exceed adopted standards. K. That the proposed subdivision will not have adverse impacts on the safety or viability of permitted uses on adjacent properties. L. That the proposed land subdivision is designed in such a manner as to allow for continued development in an efficient manner on adjacent undeveloped lands; Effective May 15, 1999 • s 1l3 M. That the soils, topography and water tables have been adequately studied to ensure that all lots are developable for their designated purposes. N. That the proposed land subdivision is consistent with the standards of the City's adopted Comprehensive Plan. O. That any land located within Zone A as shown on the currently adopted Flood Boundary and Fioodway Maps of the Flood Insurance Study, Rochester, Minnesota, prepared by the Federal Emergency Management Agency, is -determined to be suitable for its intended use and that the proposed subdivision adequately mitigates the risks of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, or any other floodplain related risks to the health, safety or welfare of the future residents of the proposed subdivision in a manner consistent with this ordinance. 61.226 Conditions on Approvals: In considering an application for a development permit to allow a land subdivision, the approving body shall consider and may impose modifications or conditions to the extent that such modifications or conditions are necessary to insure compliance with the criteria of Section 61.225. Effective May 15, 1999 0 Page S • • ` City Planning and Zoning Commission Minutes Hearing Date: July 26, 2000 Conservation Act. 3. The applicant shall provide landsc g consistent with Section 62.1109, 2, g of the Rochester Zoning Ordinance an d Development Manual. A landscaping plan shall be provided to the Plann' De ment meeting the planting requirements. Mr. Brent Svenby presented the staff report, dated July 21, 2000, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Mr. Wade Dumond, of Yaggy Colby Associates, addressed the Commission. He stated that the applicant is in agreement with the staff -suggested condition. With no one else wishing to be heard, Mr. Suk closed the public hearing. Ms. Petersson moved to approve Type III, Phase II Land Subdivision Permit (Preliminary Plat) #00-29 to be known as Orchard Hills South Second, with the staff -suggested condition. Mr. Stever seconded the motion. The motion carried 8-0, CONDITION: 1. Parkland dedication requirements for this Plat shall be met via cash payment in lieu of land consistent with the attached memo from the Rochester Park and Recreation, OTHER BUSINESS: to approve the Mr. Staver. The mot! Mr. Slaver asked what the rental Mr. Svenby responded that the rental the registration and training expense a workshop. was from the annual meeting. He indicated that one of the Commission members who attended Mr. Svenby stated that there is oney in the lkdget for training and memberships. He explained that, if the Commi on wanted additTknal information as far as books and audiotapes of different planning issues hey should contact a Planning Department. REQUEST FOR COUNCIL ACTION MEETING (r�' 8-21-00 AGENDASECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARING PLANNING E _4 —A DESCRIPTION: Final Plat #00-09 to be known as Weatherstone PREPARED BY: Subdivision CIC 166. Mitzi A. Baker, SeniorPlanne August 15, 2000 Staff Recommendation: The Planning Staff has reviewed the submitted final plat and recommends approval subject to the following conditions or modifications: 1. The applicant agrees to meet parkland dedication requirements via deferred land dedication consistent with the attached memo from the Rochester Park and Recreation Department dated August 9, 2000. Dedication is to occur when either park area is platted or the Park Department is ready to begin development of the park. 2. The Plat shall be revised to show controlled access along Weatherstone Dr. NW, within 200 feet of the intersection with 50'h Ave. NW. 3. A temporary turn around shall be provided at the northwesterly end of Weatherstone Drive NW. Prior to recording the final plat documents (mylars), the applicant shall execute associated easements for the turn around with the City. 4. Prior to recording the final plat documents (mylars), a Contribution Agreement shall be executed for this property. 5. Following recording of the final plat documents (mylars), the applicant shall 1) dedicate an easement(s) to the City for a bus stop location(s); and 2) dedicate Out/ot A to the City. Council Action Needed.- 1. !f the Council wishes to proceed a resolution approving the plat can be adopted. Attachment: 1. Staff Report dated August 16, 2000 Distribution: }, 1. City Clerk 2. City Attorney 0 3. Planning Department File �" Q 4. Planning Department GIS Division 5. Applicant: This item will be considered sometime after 7:00 p.m. on Monday September 21, 2000, in the Council/Board Chambers at the Government Center, 151 4th Street SE. 6. McGhie & Betts, Inc. llQ� C.xd a,<i. %,uUNCIL ACTION: Moeon by: second by: to: %wut O 64 Q; CJ W Z— m �— � a v Ewa Is 8� pia Tj , p ails a� l� al � =l �s a d rs$ 6' 7 JibP .!III 1I woyo ONE hot Q o, � .ly F b ri roy � •/ / oy n �V tl b •/ ,� n V +�jut i�tl4$ iM d� 4- Iy$Gp. a � 1 �i i f 1 ICU Ot .RpCHF-tiTEq.I//.A,l' tifG 2' :k Rq TEn:p iiGUS'1'" ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 TO: Rochester Common Council ADMINISTRATION/ 5071285-8232 PLANNING GISIADDRESSING/ 5071285-8232 FROM: Mitzi A. Baker, Planner MAPPING HOUSING/HRA 507/285-8224 BUILDING CODE 5071285-8213 DATE: August 16, 2000 WELUSEPTIC 507/285-8345 FAX 507/287-2275 RE: Final Plat #00-09 to be known as Weatherstone CIC 166 Subdivision Planning Department Review: Applicant/Owner: Surveyors/Engineers: White Oaks Development of Rochester, Inc. 1201 Meadowlark Ct. SW Rochester, MN 55902 McGhie & Betts, Inc. 1648 Third Ave. SE Rochester, MN 55904 Referral Comments: 1. Rochester Park and Recreation (see attached) 2. Rochester Public Works (see attached) 3. Rochester Fire Department (see attached) 4. Olmsted County SWCD (see attached) 5. Wetlands LGU (see attached) Report Attachments: 1. Referral Comments (5 Letters) 2. Location Map 3. Copy of Final Plat Plat Data: Location of Property: This plat is located west of 50th Ave. NW, north of the Douglas Trail. Zoning: The property is zoned R-2 (Low Density Residential). Proposed Development: This development consists of 22.50 acres to be subdivided for townhome style development, including 122 townhome lots, two common lots and one outlot. The Plat also proposes to dedicate right- of-way for 501h Ave. NW and also for anew roadway "Weatherstone Drive NW". �� AN EQUAL OPPORTUNITYIAFFIRMATIVE ACTION EMPLOYER Page 2 August 16, 2000 Streets: The Plat also proposes to dedicate right-of-way for 501h Ave. NW and also for a new roadway "Weatherstone Drive NW". "Weatherstone Drive" will be designed to incorporate traffic calming that may include physical modifications to the roadway such as narrowing of the roadway and a median at the intersection with 50" Ave. NW. The portion of "Weaterstone Drive" located at the south line of the property, includes only partial right- of-way dedication. The City expects to receive an executed Development Agreement with the owners of the property to the south Prior to the City Council meeting. This Development Agreement provides for the additional needed right-of-way also addresses a proposed stormwater pond. Utilities: Utilities can be extended to serve this property. Sidewalks: In accordance with current City policy, sidewalk is required along the streets being dedicated in this plat. Pedestrian facilities are also required along 50'h Ave. NW, which is planned for reconstruction in the near future. Drainage: The property generally drains to the south and east. Outlot A is planned for a stormwater detention pond, consistent with the GDP for this property. Wetlands: Hydric soils exist on the site according to the Soil Survey. The owner is in the process of receiving approvals related to Wetlands. Spillover Parking: Spillover parking for this Plat will be approximately 97 spaces which will be reviewed with an application for a Performance Residential Development Permit. Parkland Dedication: The Park & Recreation Department recommends that dedication requirements be satisfied by dedication of land (see attached referral comment). General Development Plan: This property is included within the Weatherstone GDP which was approved by the City Council in December 1999, and amended through a Type 1 application in March 2000, This Plat is consistent with the approved GDP, as amended. a� Page 3 August 16, 2000 Preliminary Plat. The preliminary plat for this property was approved by the Rochester Common Council in May 2000 subject to the following conditions or modifications: 1. The Plat shall be revised as follows: • To dedicate easements for all utilities with adequate width provided on both sides of the utilities to allow for access and maintenance of the utilities. • To dedicated an easement to the City for a Bus Stop site. • To provide controlled access along the entire length of 5dh Ave. NW, with the exception of the roadway opening for Weatherstone Drive. Controlled access shalt also be provided along Weatherstone Drive within 200 feet of the intersection with 5d"Ave. NW. 2. Traffic calming shall be incorporated in to this development, the design of which shall be approved by Rochester Public Works and the Planning Department Transportation Division. Additionally, the applicant shall provide bus stop locations per Rochester Public Works. 3. Weatherstone Drive, at the southeast corner of the Plat, provides for only partial right-of-way dedication. Prior to or concurrent with final plat submittal, the applicant shall provide documentation to the Planning Department demonstrating that Section 64.128 of the Rochester Zoning Ordinance and Land Development Manual will be met. This Section prohibits partial right of way dedication "except where the remainder of the necessary right-of- way has already been platted, dedicated or established by other means". 4. Storm water management must be provided for this development. The preliminary plat indicates a public detention pond being constructed by the developer (Outlot A). This detention facility must be constructed and sized to meet City requirements. Outlot A, containing the pond, shall be dedicated to the City. 5. Pedestrian facilities are required along both sides of all public roadways, including the west side of 5dh Ave. NW. Since 5e Ave. is being planned for reconstruction in the near future, execution of a Pedestrian Facilities Agreement will be required prior to recording the final plat. Said agreement will address the developer" obligation for the future construction of pedestrian facilities along 50eAve. NW. 6. The applicant agrees to meet parkland dedication requirements via deferred land dedication. Land to be dedicated is identified as a 8.5 acre park on the approved Weatherstone GDP. Dedication is to occur when either park area is platted or the Park Department is ready to begin development of the park. 7. Prior to submittal of a final plat application for this property, the applicant shall provide the LGU with additional information related to wetlands, including detail of the wetland area and boundary, and shall obtain any required permits from the LGU that may be necessary for this plat to proceed. 8. Prior to final plat submittal, the applicant shall execute a Development Agreement with the City that outlines the obligations of the applicant relating to, but not limited to, stormwater management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, and contributions for public infrastructure for the Weatherstone GDP and this Plat. 9. The development must be phased so that 5dh Ave. NW, north of 5516 St. NW, does not exceed approximately 3,000 average daily trips unless the Council has approved a public improvement project to upgrade 5dh Ave. NW. A contribution will be required for the i Page 4 August 16, 2000 l a3- reconstruction of 5d" Ave. NW, and 65the St. NW. The City is currently considering a Traffic Improvement District in this area for improving 5e Ave. NW, and 65h St. NW, and establishing the developers proportional share of the cost. Planning Staff and Recommendation: The Planning Staff has reviewed this final plat in accordance with the Rochester Zoning Ordinance and Land Development Manual, and would recommend approval subject to the following conditions or modifications: 1. The applicant agrees to meet parkland dedication requirements via deferred land dedication consistent with the attached memo from the Rochester Park and Recreation Department dated August 9, 2000, Dedication is to occur when either park area is platted or the Park Department is ready to begin development of the park. 2. The Plat shall be revised to show controlled access along Weatherstone Dr. NW, within 200 feet of the intersection with 50i" Ave. NW, 3. A temporary turn around shall be provided at the northwesterly end of Weatherstone Drive NW. Prior to recording the final plat documents (mylars), the applicant shall execute associated easements for the turn around with the City. 4. Prior to recording the final plat documents (mylars), a Contribution Agreement shall be executed for this property. 5. Following recording of the final plat documents (mytars), the applicant shall 1) dedicate an easement(s) to the City for a bus stop location(s); and 2) dedicate Outlot A to the city. Reminder to the applicant: Payment of parkland dedication fees and execution of easements for off site utilities, turn -a -rounds or right-of-way is required prior to recording the final plat documents. J�j ROCHESTER Minnesota 8/16/00 TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael I 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 application for Final Plat #00-09,on the Weatherstone CIC #166 property. The following are Public Works comments on the proposal: 1. A Development Agreement has been executed for this property. 2. A temporary turn around, and associated easement, will be required at the northwesterly end of Weatherstone Drive NW. 3. Outlot 'A' shall be dedicated to the City. 4. An easement needs to be dedicated to the City for the Bus Stop site(s). 5. A Contribution Agreement must be executed for this property. Charges/fees applicable for the development of this property are included in the Development Agreement, with the exception of:: Traffic Signs as determined by the City of Rochester Traffic Division. C:1TEMPTP#00-09.doc • ROCHESTER PARK AND RECREATION DEPARTMENT 201 FOURTH STREET SE ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: August 9, 2000 TO: Jennifer Garness Planning RE: Weatherstone CIC #166 Final Plat #00-09 Acreage of plat.......................................................... 22.5 a Number of dwelling units ............................................. 122 units Dwelling unit density ................................................... 5.42 unitsla Densityfactor............................................................ .0244 Dedication............................................................... 2.98 a The Park and Recreation Department recommends that dedication requirements be met via deferred dedication of land. Land to be dedicated is identified as 9.6 acre park on GDP. Dedication to occur when either park area is platted or Park Department is ready to begin development of the park. Appllcant: Weatherstone Development of Rochester 1201 Meadowlark CA SW N:\PARK\DSTOTZ\200D\DEDICATION\NN 2B98\KEATHERSTONE CIC 166 PINAL.DOC i WETLAND COMMENTS FOR DEVELOPMENT APPLICATIONS Application Number: V 1014- 11 L&_l l7� (J1w CIC l fob No hydric soils exist on the site based on the Soil Survey Hydric soils exist on the site according to the Soil Survey. The property owner is responsible for identifying wetlands on the property and as A wetland delineation has been carried out for the property and is on file with the Planning Department _✓ A wetland delineation is on file with the Planning Department and a No - loss, Exemption, or Replacement Plan has been submitted to the Planning Department. A wetland related application has been approved by the City. This plan incorporates the approved wetland plan. No hydric soils exist on the property based on the Soil Survey.. However, due to the location in the landscape the property owner should examine the site for wetlands. -The property owner is responsible for identifying wetlands. From John Harford Wetlands LGU Representative REQUEST FOR COUNCIL ACTION MEETING 10?1 DATE 5-21-00 AGENDA PUBLIC HEARINGS ORIGINATING DEPT: ITEM NO. PLANNING 6-- S �M DESCRIPTION: Final Plat #00-17 to be known as Valley Side Estates. PREPARED BY: Brent Svenby,� August17,2000 Planning Department Review: See attached Staff Report dated August 17, 2000. The developer has executed a Development Agreement with the City for this development. Staff would recommend approval subject to the following conditions or modifications: 1. The plat be revised to show the following: • Controlled access along 40h Avenue SE with the exception of the street accesses that are shown on the preliminary plat. • Controlled access along Valley Side Drive for a distance of 150 feet from the right-of-way intersection with 400 Avenue SE and along the west lot line of Outlot E, extending north from the southwest corner a distance of 127.07 feet. • Roadway names be changed as outlined in the memo dated August 16, 2000 from the Planning Dept. Addressing Staff. The Planning Dept. Addressing staff must approve all of the proposed roadway names within the plat. • The right-of-way being dedicated at the easterly end of Trumpeter Drive shall be squared off so that full right-of- way is being dedicated for Lot 37. 2. Prior to any development on the property, an access permit must be obtained from the Olmsted County Public Works Department. The sight distance needs to be adequate for operating speeds on 401h Ave. SE and a right turn lane installed. 3. The developer agrees that this subdivision will have an impact upon the City's needs for parkland and that dedication of Outlot C will fulfill the dedication obligation of this plat. The developer also agrees that no grading or removal of topsoil or trees from the designated park site will occur unless approved by the Park Department. 4. Temporary turnarounds shall be provided at the easterly ends of Trumpeter Drive and Eagle Drive. Prior to the recording of the final plat, the applicant shall execute associated easements for the turnarounds with the City. 5. This plat does not include the dedication of right-of-way consistent with the preliminary plat (Outlots A, E, F, G). The applicant shall plat and dedicate the proposed streets (as depicted on the preliminary plat) to the City of Rochester in the future or when the City formally requests dedication of the right-of-way, whichever comes First. Council Action Needed., 1. 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. Recording/Treasurer/Auditor's Statement 2. Recording Fee 3. Title Opinion 4. 1 Original Plat Mylar A 5. 3 Mylar Copies of Plat y COUNCIL ACTION: Motion by: second cap W 0 0 0 U 5�, =inal Plat #00-17 /alley Side Estates )00' Notification Distance +yard 4 Stobough )8/08/00 CO RD 144 SE +RBpR NTS Cr se w Ji J�E latl aJ-. dd 1 •t as tJj 1 11�� mISA N''JX[ ' M .tiAFX X' (50 €y€y€y€g€g€y€p€y€€€€€€€€€€€€€y€y€y€€€g€€€€€€€€€y€€ 9Eli it lVVl l]RLG{:Y993yyy✓1SF1^.1e�1 �.ys ii iei�?; q9 fee �yy i{i1i ia�:1� ff �i�����l�Jfffffif Jiff���if 3lf �€���� •'^^•••^!`R:pa.AJAP PRAAAaAPA ]IJJJ]}iif ll]J il))JJ]1111]Illil ]1FFSF x , e� W a• A�i RAABA�?? Yp!i pR A"7Sl A777 A9eC �JoasoRees!'7 r 0 p1 F ' ell i i W o I p! 9 ` I Lw' 1 n(♦ I _n ra I r' %4 V r��]srrr� A I i �t11 fl- QL__OOLI"A-1 r E I I ^l IP L__auL__J llitgrr- � -r.Rr A ♦ . A Ccl I P ---- � I a k1 8I I j 1 I I 1 1 � 1 I � I I 1 I I N hg __vu u.461RJ__ 1 9 'n•\ hh i y4f•I ' 1 pnC` ` ^ r� �J =l-.�11.i: �-'✓ [r_lnn--� All lam^ g 1 � \)v � ♦ � w,�, p�A ; �)� ^`�` `3�j A �. • p 13e � a 1 pR � s • 'h• � tdra` A�) ` < _ • A w` 1 .�' LR� i 9 ! 8 � t n y� A�>� )0yh/nyc�r? 'T.(� w �� ,p i • d i mKrlcnwj IiI@y A �i� \ y � ' 9" V 1 1 Q 1 I �7 I o ! t (3S 3 v WOI) "I am A1pq] t —aossn • .J]1rAo x— R iJi 1 v WOO) IN am "Me, J TO: Rochester Common Council FROM: Brent Svenby, Planner DATE: August 17, 2000 w 1.1� ♦o .:� i�oc�s7�sscrl� ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 ADMINISTRATION/ 5071285-8232 PLANNING GIS/ADDRESSING/ 507/285-8232 MAPPING HOUSING/HRA 507/285-8224 BUILDING CODE 507/285-8213 WELUSEPTIC 507/285-8345 FAX 507/287-2275 RE: Final Plat #00-17 to be known as Valley Side Estates. Planning Denartment Review.- Applicant/Owner: Freedom Development & Consulting PO Box 1643 St. Cloud, MN 56302 Surveyors/Engineers: Brown Herkenhoff,Inc. 118 12" Avenue North St. Cloud, MN 56303 Referral Comments: 1. Planning Department - Wetland LGU 2. Planning Department — Addressing 3. Planning Department - Transportation 4. RPU Operations Division 5. RPU Water Division 6. Olmsted County Public Works 7. Rochester Public works Department 8. Rochester Park and Recreation Dept. 9. Rochester Fire Department Report Attachments: 1. Referral Comments (6 Letters) 2. Location Map 3. Copy of Final Plat Plat Data: Location of Property: The property is located along the east side of 401" Avenue SE, east of Eastwood Hills Second Subdivision. Zoning: The property is zoned R-2 (Low Density Residential) district on the City of Rochester Zoning Map. Proposed Development: The Plat proposes to subdivide approximately 40.15 �� AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER I ✓� Page 2 ✓✓✓✓ Valley Side Estates August 17, 2000 acres of land into 37 single family lots and 8 outlots. The outlots will need to be replatted when development is proposed on them. Outlot C and D will be dedicated to the City. Streets: This plat dedicates right-of-way for two existing roadways and 4 new public roadways. The right-of- way being dedicated for the new public roadways vary in width from 60 feet to 50 feet. The plat also proposes to dedicate 60 feet of right-of- way for 40'h Avenue SE and 33 feet for the township roadway along the southern property line. Roadway construction plans have been approved for these roadways. Sidewalks: In accordance with current City policy, sidewalk is required along both sides of all of the new streets in the subdivision and a 10 foot bituminous trail is required along the east side of 40'h Avenue SE. Drainage: According to the approved Development Agreement, stormwater management facilities will be constructed by the applicant on Outlot D and will voluntarily participate in the City's Regional Storm Water Management Plan for those areas that do not drain to the permanent onsite stormwater ponds. The stormwater management facilities maybe developed as regional facilities. 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: Water and sewer services will need to be extended to serve this development. The public improvement construction plans have been approved for this phase of the development. Spillover Parking: As per Section 63.426 of the LDM, all residential development must provide spillover parking for service vehicles and visitors. The spillover parking for the single family lots require 44 spaces. The roadway widths and driveways should be adequate to provide spillover parking. Parkland Dedication: The Park and Recreation Department recommends that dedication requirements be met via dedication of land. Outlot C will qualify for 4.2 acres of dedication requirements and should be deeded to the City once the site is accessed via street or the Park Department is ready to begin development of the park. The Park and Recreation Department also recommends that no Page 3 Valley Side Estates August 17, 2000 General Development Plan: Preliminary Plat. grading or removal of topsoil from the designated park site occur. The Council approved a General Development Plan for this property on April 3, 2000. This plat is generally consisted with that portion of the GDP that reflects single family detached housing. A preliminary plat for this property was approved 6y the City Council on May 15, 2000 with the following conditions: 1. Storm water management must be provided for this development. The City has identified a regional pong on this property. The developer should participate in the City's Regional Stormwater Management by sizing and constructing the detention pond (Outlot D) to as a regional facility 2. The applicant shall enter into a development agreement with the City, prior to the submittal of the final plat, that outlines the obligations of the applicant relating to, but no limited to, sformwater management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, and contributions for public infrastructure. The development agreement must also outline the developer's responsibility for construction and maintenance of the private lift station, as well as, the owners financial responsibility for abandonment and removal of the lift station when connection to a public gravity trunk main is available 3. A temporary turnaround and easement must be provided at the east end of roadway on the north side of Lot 1, Block 2. Said easement and any easements required for off -site utilities must be executed with the City prior to the recording of final plat documents. 4. The developer agrees that this subdivision will have an impact upon the City's needs For parkland and that dedication of Outlot C will fulfill the dedication obligation of this plat. The developer also agrees that no grading or removal of topsoil or trees from the designated park site will occur unless approved by the Park Department. 5. Prior to the development, an access permit must be obtained from the Olmsted County Public Works Department. The sight distance needs to be adequate for operating speeds on 4e Ave. SE and a right turn lane installed. 6. A contribution will be required for future reconstruction of 400 Ave. SE. Current City policy for substandard street requires a contribution of $30.00 per foot of frontage. The City may create a Transportation Improvement District in the area, which may result in a capacity component being added to the substandard street reconstruction charge. Reconstruction of the public road along the south property line, to City standards, will be required at the owner's expense, concurrent with this development. 7. The developer must grade the west side of the property to match the right of way grade prepared by the City for 40f8 Avenue SE. 8. Prior to final plat submittal, the developer shall investigate the property for wetlands and obtain any necessary permits related to wetlands from the LGU. (33 1- isPage 4 Valley Side Estates August 17, 2000 9. A ten -foot utility easement is needed along both sides of all public and private roadways. An additional 20-foot utility easement is needed to loop the water main in the northern cul-de-sacs for the required water main looping and a 20-foot utility easement is needed to provide connections to the property to the north. 10. The planning Department— Addressing staff must approve all of the proposed roadway names within the plat and the directional SE added. The roadways not named on the plat also need to be named. 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. The plat be revised to show the following: • Controlled access along 400 Avenue SE with the exception of the street accesses that are shown on the preliminary plat. • Controlled access along Valley Side Drive for a distance of 150 feet from the right-of- way intersection with 40t' Avenue SE and along the west lot line of Outlot E, extending north from the southwest corner a distance of 127.07 feet. • Roadway names be changed as outlined in the memo dated August 16, 2000 from the Planning Dept. Addressing Staff. The Planning Dept. Addressing staff must approve all of the proposed roadway names within the plat. • The right-of-way being dedicated at the easterly end of Trumpeter Drive shall be squared off so that full right-of-way is being dedicated for Lot 37. 2. Prior to any development on the property, an access permit must be obtained from the Olmsted County Public Works Department. The sight distance needs to be adequate for operating speeds on 40ei Ave. SE and a right turn lane installed. 3. The developer agrees that this subdivision will have an impact upon the City's needs forparkland and that dedication of Outlot C will fulfill the dedication obligation of this plat. The developer also agrees that no grading or removal of topsoil or frees from the designated park site will occur unless approved by the Park Department. 4. Temporary turnarounds shall be provided at the easterly ends of Trumpeter Drive and Eagle Drive. Prior to the recording of the final plat, the applicant shall execute associated easements for the turnarounds with the City. 5. This plat does not include the dedication of right-of-way consistent with the preliminary plat (Outiots A, E, F, G). The applicant shall plat and dedicate the proposed streets (as depicted on the preliminary plat) to the City of Rochester in the future or when the City formally requests dedication of the right-of-way, whichever comes first. 0 0 ROCHESTER i3s Minnesota 8/16/00 TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DEPARTMENT OF PUBLIC WORKS 201 4t' Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the revised application for Final Plat #00- 17.on the Valley Side Estates (GDP #150 Property). The following are Public Works comments on the proposal. 1. A Development Agreement has been executed for this property. 2. Controlled access must be provided along the entire length of 401" Ave SE, with the exception of the street access that is shown on the Preliminary Plat. Additional controlled access for private driveways will be required within 150 feet from the right-of-way intersection of Valley Side Drive and 4& Ave SE, and along the west lot line of Outlot E, extending north from the southwest corner a distance of 120.07 feet. 3. The ROW at the easterly end of Trumpeter Dr should be squared off, and a temporary turn -around (with easement) provided. Charges/fees applicable for the development of the property are addressed in the Development Agreement with the exception of: -r Traffic Signs as determined by the City of Rochester Traffic Division: 6 Street Name Signs 2 Stop Signs 2 Dead End Signs C:\TEMRFP#00-17.doc t /_fw Ask Alk IM PUBLIC WORKS DEPARTME 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 507/285-8231 August 16, 2000 Jennifer Garness Planning Department Dear Jennifer: The Public Works Department has reviewed Type III, Phase I Final Plat #00-17 to be known as Valley Side Estates and has the following comments: Access permit will be required from Olmsted County Public Works Department to Eagle Drive with safe sight distance. Access control shall be shown along Co. Rd. 144. $175.00 per street sign and $50 per stop sign will be required. Sincerely, Michael Sheehan County Engineer MTS:ss LAengindoc%planzone. doc Administration AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Building Maintenance Surveying and Mapping Engineering Highway Maintenance Parks & Agriculture Solid Waste TRANSPORTATION STAFF (3? 1� DEVELOPMENT APPLICATIONS REVIEW DATABASE - 1998 -0) AUGUST 2000 City Fin Plat 00-17 Plat should indicate controlled access along frontage of 406 Ave except at public Valley View street openings and along Eagle Drive consistent with access openings established on General Development Plan. The road along the south side of the property is incorrectly labeled as CR 144. CR 144 designation follows 40d' Ave SE and then Eastwood Road west of 401' Ave. City Fin Plat 0-34 Plat should indicated controlled access along the frontage of 50 Ave consistent Weatherstone with general development plan for Weatherstone Ci[ Fin Plat 0-9 No comment Weatherstone CIC City Plat 0-36 No comment No His 3rd To me City GDP N 15N The order of magnitude in terms of trip generation for the pro sed Grand Grand Reserve Reserve development is approximately 2800 vehicles per d . This value is ved at by comparing the trip generation of a standard wnhouse development (32 trips per day for 400 units) which typically ass s a negligible percentage of tran or walking trips, with the trip generation of low rise apartment (2600 trips per for 400 units) which typically will as e a higher percentage of transit or wa trips along with a lower dwel ' g unit size. Given the proximity of this developm to the St Mary's area an a presence of convenient transit p generation to trend towards the service to downtown, a would expe�dlevemll*of lower level typical of an artmentolex. The overall trip generation of —2800 ADT compares with roj 1550 ADT if the property was developed with single family lings at 3+ units per acre Access to the site as pro ed shoul ovide adequate capacity to serve the proposed developmen ith the connec ' n of this development to 23rd Ave, and the future extensio f 23`d Ave as a collec street south of 2"d St into the Orchard Hills a oxcroft area, we would ex ct a traffic signal to be warranted at some po' the future as development occur nd volumes on the intersecting legs of 2 `Ave continue to grow. This location wo be consistent with general guidel' s on the signal spacing needed to maintain a uate traffic flow along the St SW corridor, being approximately %: mile west the TH 52 Frontage ad, and %a mile east of the next logical signal location to west, which would e the entrance to the Wimbledon Hills area. Signals will typica not be improved for installation until in can be demonstrated that warran a met or will be met within a year of installation. Thus, while no signal is progra for installation, we expect that development will create the conditions that w nt the installation of a signal in the future. To facilitate left and right turning traffic on and off of 2"d St in the future at unsignalized access locations, it is likely that conversion of 2"d St into a five lane section, with a center two-way left turn lane, similar to that found east of 23 d Avenue, will be needed at some time in the future. This is based in part on the expectation that the daily traffic on 2"d St will grow from a current level of approximately 8500 vehicles per day to approximately 15,000-16,000 vehicles per day over the next 20 years. The applicant should consult with the City and County Public Works Department to determine if any additional right of way to facilitate this conversion will be needed or whether it can be accomplished within the L- -park -&---- recreation • ROCHESTER PARK AND RICREATION DEPARTMENT 201 FOURTH S T REET SE ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 607-281-6166 MEMORANDUM DATE: August 9, 2000 TO: Jennifer Garness Planning RE: Valley Side Estates Final Plat # 00-17 Acreageof plat.......................................................... 40.15 a Number of dwelling units ............................................. est 162 units Dwelling unit density ................................................... 4.03 unitsla Densityfactor............................................................ .0244 Dedication............................................................... 3.95 a The Park and Recreation Department recommends that dedication requirements be met via: Deferred dedication of land. The park site shown on the approved the GDP (Outlot C) will qualify for 4.2 acres of dedication. No grading or removal of topsoil or trees from the designated park site should occur. The park site should be deeded to the City once the site is accessed via street or once the Park Department is ready to begin development of the park. Applicant; Freedom Development P 0 Box 1543 St Cloud MN 56302 N;\PARK\DSTOTZ\2000\DEDICATION\SE 2895\VALLEY SIDE EST IST FINAL.DOC Rochester -Olmsted Planning Department GISlAddressing Division 2122 Campus Drive SE Rochester, MN 55904-4744 Phone: (507)285-8232 Fax: (507)287-2275 PLAT REFERRAL RESPONSE DATE: August 16, 2000 TO: Jennifer Garness FROM: Planning Dept. Addressing Staff CC: Mike Wiebusch, Ed Kuisle RE: VALLEY SIDE ESTATES A review of the final plat has turned up the following address related issues: 1. EAGLE DRIVE. This roadway name can't be used as it is already in use elsewhere. Roadway is also missing a directional. RECOMMENDATION: Change the roadway name, and add the directional of SE. 2. EAGLE COURT. This roadway name can't be used as it is already in use elsewhere. Roadway is also missing a directional and the roadway type should be changed to Lane. RECOMMENDATION: Change the roadway name, change the roadway type to Lane and add the directional of SE. 3. TRUMPETER DRIVE. Has no directional. RECOMMENDATION: Add directional of SE. 4. Short roadway between Trumpeter Drive and Eastwood Road SE needs designation. RECOMMENDATION: Name roadway and give it the directional of SE. If this is part of Trumpeter Drive SE, it needs to be illustrated on the plat. 14 5. County Road 144 (401h Avenue SE). Needs to be illustrated with the E911 roadway as primary designation and county road as secondary. RECOMMENDATION: Illustrate as 40 Avenue SE (County Road 144). 6. County Road 144 (Eastwood Road SE). This is not County Road 144. RECOMMENDATION: Illustrate as Eastwood Road SE. NOTE: Three different addresses that are east of the intersection of 40 Avenue SE and Eastwood Road SE will need to be re -addressed due to the platting of Eastwood Road SE in this plat. REQUEST FOR COUNCIL ACTION MEETING [�� 6-21-00 '[ AGENDA SECTION: ORIGINATING DEPT: ITEAEB: PUBLIC HEARING PLANNING _M DESCRIPTION: Final Plat #100-35 to be known as the WIIIOwS and PRVariance #00-21. M August 15, 2000 Staff Recommendation: Variance: The suggested findings above provide support in favor of approval of the variance. Final Plat: Staff recommends the following conditions or modifications to assure compliance with the Rochester Zoning Ordinance and Land Development Manual and applicable criteria: 1. Parkland dedication for this development shall be met via a combination of land and cash in lieu of land as outlined in the August 10, 2000 memo from Rochester Park and Recreation. 2. Prior to recording the final plat documents (mylars), a petition to vacate an existing utility easement located on this property and not identified on the Plat, must be approved and recorded. 3. The Plat shall be revised to dedicate controlled access along 11" Ave. SE consistent with the access location approved by the County Engineer. 4. Prior to development, the applicant shall demonstrate, to the LGU, any fill or construction that will take place within the area indicated as hydric soil and potential Wetlands. Council Action Needed: 1. If the Council wishes to proceed a resolution approving the plat can be adopted. 2. If the Council wishes to proceed with the Variance request, the City Attorney should be directed to prepare a resolution and findings. , -for �nance reraeti" Attachment.,are -�pt in att�c�icd S%t {� I tT 1. Staff Report dated August 16, 2000 Distribution: 1. City Clerk 2. City Attorney 3. Planning Department File 4. Planning Department GIS Division 5. Applicant: This item will be considered sometime after 7:00 p.m. on Monday September 21, 2000, in the Council/Board Chambers at the Government Center, 151 4th Street SE. 6. GGG Engineering _JUNCiL ACTION: Motion by: second by: to: 5 Q N MM H J a z Z 74 M .�f � s^ A 11 b�g X d iz Ss C 5 g a as m, LC'b /'/ r n s '•1 � I I I . erg.,. ^' `T.Y" 'lY,—G AMb]OL_ _•—• _— � \`� � gs r..^,^ lwu^. •w..a % 'r T y ? J V <p' SE NT RO AD No.l) (COUNTY , J TO: Rochester Common Council FROM: Mitzi A. Baker, Senior Planner DATE: August 16, 2000 a�i�W pug Asu■■na ■o! ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 ADMINISTRATION/ 507/285-8232 PLANNING GIS/ADDRESSING! 507/285-8232 MAPPING HOUSING/HRA 507/285-8224 BUILDING CODE 5071285-8213 WELLISEPTIC 507/285-8345 FAX 507/287-2275 RE: Final Plat #00-35 to be known as The Willows Subdivision and Variance #00-21 to allow the development to exceed the residential density limit within the Shoreland District. Planning Department Review: ApplicantlOwner: J & C Gardens LLC 937 37 h Ave. NW 938 Rochester, MN 55901 Surveyors/Engineers: GGG Engineering 14070 Hwy 52 SW Chatfield, MN 55923 Referral Comments: 1. Rochester Public Works 2. Olmsted County Public Works 3. Wetlands LGU, John Harford 4. Rochester Park & Rec. 5. Olmsted County SWCD Report Attachments: 1. Referral Comments (5 Letters) 2. Location Map 3. Copy of Final Plat Plat Data: Location of Property: This plat is located east along the east side of 11t' Ave. SE, south of 20th St. SE. Zoning: This property is zoned R-3 (medium density residential). Proposed Development: A multi -family residential development is proposed on this property. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER +mww Page 2 August 16, 2000 Streets: This Plat dedicates right-of-way for 111h Ave. SE and also for the future extension of 201h St. SE. Drainage: Detailed grading and drainage plans have been reviewed and approved by the City for development of the property. The property is relatively level and has previously been filled. Wetlands: Minnesota Statutes now require that all developments be reviewed for the presence of wetlands or hydric soils. The Soils Survey indicates hydric soils on this property. This site has, however, previously been filled. Public Utilities: Spillover Parking: Parkland Dedication: General Development Plan: Variance Request: Utilities are available to serve this property. Parking requirements for this property will be reviewed at the time specific development is proposed. Rochester Park and Recreation recommends that parkland dedication for this development be met via cash in lieu of land in the amount of $12,780. There is not an approved General Development Plan for this property. Staff concluded that, aside from 20'h St. S6 which is identified on the Thoroughfare Plan and abuts the north line of this Plat, no new streets need to continue beyond the land to be subdivided in order to complete an appropriate street system or to provide access to adjacent property. In addition, according to the City Public Works Department, the north %2 of the right-of-way for the extension of 20'h St. has been acquired. Therefore, a General Development Plan was not required, consistent with Section 61.211 of the Rochester Zoning Ordinance and Land Development Manual. Section 61.301 of the Rochester Zoning Ordinance and Land Development Manual allows for the concurrent review of multiple applications. This Final Plat application also incorporates a request for a variance. The applicant is requesting a variance to Section 62.1004, 2,a of the Rochester Zoning Ordinance and Land Development Manual. a) Residential developments located within 300 feet of the Ordinary High Water Level of a take or stream shall not exceed a base density of 4 units/acre of land within the development (this is to include any portion of a proposed lot). Lands located beyond 300 feet of the Ordinary High Water Level will be subject to the underlying zoning district density requirements of the Land Development Manual. I t6l / Page 3 August 16, 2000 The applicant is proposing a multi -family residential development with a density of 7.7 units/acre within the Shoreland District. Section 62.1004 of the LDM limits the density within the Shoreland District to 4 units/acre. The applicant is requesting a 3.7 unit/acre variance. Criteria for Variance: Section 60.417 of the LDM states that in taking action on a variance required, the approval authority shall make findings supporting the decision based on specific guidelines, which are attached to this report. Staff suggests the following findings to the criteria of Section 60.416: a) This property is zoned R-3 Medium Density Residential. This District permits construction of 3-story multi -family buildings at a density of 32.67 units/acre. Topographic or physical limitations, which may affect this property, include delineated floodway and existing utilities that dissect the site. Due to municipal utilities installed on the site, and not located within recorded easements, this site has been re -designed to accommodate existing utilities. Options for site layout are somewhat limited due to the locations of existing utilities; b) The variance would not be necessary to permit the reasonable use of the property; c) Granting the Variance probably would not be detrimental to the public welfare or materially injurious to other property; d) The variance request is not necessary to provide reasonable economic use of the property. Extraordinary conditions or circumstances that may apply to this site are not the result of an action by the applicant or property owners who have control of the property. Preliminary Plat: There is no preliminary plat for this property. Right-of-way for 11t" Ave, being dedicated with this Plat includes dedication of an existing roadway. Right-of-way is being dedicated for the extension of 20x' St. SW, as identified on the Thoroughfare Plan. According to Public Works, the City already has control of the northern % of this right-of-way. Recommendation: Variance: The suggested findings above provide support in favor of approval of the variance. Final Plat: Staff recommends the following conditions or modifications to assure compliance with the Rochester Zoning Ordinance and Land Development Manual and applicable criteria: 1. Parkland dedication for this development shall be met via a combination of land and cash in lieu of land as outlined in the August 10, 2000 memo from Rochester Park and Recreation. 2. Prior to recording the final plat documents (mylars), a petition to vacate an existing utility easement located on this property and not identified on the Plat, must be approved and recorded. Page 4 August 16, 2000 3. The Plat shall be revised to dedicate controlled access along 111h Ave. SE consistent with the access location approved by the County Engineer. 4. Prior to development, the applicant shall demonstrate, to the LGU, any fill or construction that will take place within the area indicated as hydric soil and potential Wetlands. REMINDER TO APPLICANT. Parkland Dedication fee must be paid prior to recording the final plat documents (mylars). Excerpt from the Rochester Zoning Ordinance and Land Development Manual 60.400 MODIFYING ORDINANCE PROVISIONS 60.410 VARIANCE: The opportunity to vary the literal provisions of the ordinance is provided for as required in Chapter 462.357 (sub. 6) of the Laws of Minnesota by the creation of the variance procedure. When practical difficulties or unnecessary hardships unique to an individual property under consideration, and not mere inconvenience, would result from strict enforcement of the literal provisions of this ordinance, application may be made to vary or modify any regulation or provision of the ordinance, subject to the findings in paragraph 60.417, so that the spirit of the ordinance is observed and substantial justice is done. A variance is one remedy available where the zoning administrator has determined that no zoning certificate or development permit may be issued without varying or modifying the regulations or provisions of the ordinance. 60.411 Filing for a Variance: An application for a variance shall be submitted to the zoning administrator and shall include the appropriate application form completed in full, a legal description of the property, a site plan, a statement on the nature of the variance requested, and such other information as may be pertinent or required for appropriate action by the reviewing body. A fee, as established in Article 60.175, shall accompany the application submittal. 60.412 Procedure: Variance requests shall be considered under the Type III Review Procedure, with the Phase I Hearing Process used. The Board of Appeals shall be the hearing body. 60.413 Notice: Notice for a variance shall be sent to all owners of property who have land within 500 feet of, and to at least 50 property owners closest to, the parcel for which the proposed variance is being requested. 60.414 Decision: The Board of Appeals shall render a formal decision on an application within 21 days of the close of the public hearing on the application. The decision shall include findings of fact and conclusions based thereon, and shall include any conditions or terms to which issuance of the variance is subject. 60.415 Appeal: The procedure for appeal of a decision by the Board on a variance request shall be as set forth in Article 60.700. 10 / Page 5 / 111 August 16, 2000 60.416 Order: Within five (5) days following a decision by the Board the zoning administrator shall reduce the decision of the Board to written form, and a copy of the order shall be served upon the petitioner by first class mail. A copy of the order shall be filed with the County Recorder, and the cost of recording shall be paid by the applicant. The decision regarding a variance shall not become effective until the written order has been served upon the applicant. Approval of a variance request shall allow the zoning administrator to proceed with the processing of any permits or certificates required for development approval. 60.417 Findings for Variances: In taking action on a variance request, the approval authority shall make findings supporting the decision based on the following guidelines: 1) The approval authority may grant a variance to the provisions of this ordinance if it finds that: a) there are extraordinary conditions or circumstances, such as irregularity, narrowness, or shallowness of the lot or exceptional topographical or physical conditions which are peculiar to the property and do not apply to other lands within the neighborhood or the same class of zoning district; and b) the variance is necessary to permit the reasonable use of the property involved; and c) the variance will not be materially detrimental to the public welfare or materially injurious to other property in the area, is in harmony with the general purpose and intent of this ordinance, and will not adversely affect implementation of the Comprehensive Plan; and d) the variance as granted is the minimum necessary to provide reasonable economic use of the property. The extraordinary conditions or circumstances shall be found not to be the result of an action by the applicant or property owners who have control of the property. In addition, the approval authority shall find that development of the parcel in question cannot be integrated with development of adjacent parcels under the same ownership in such a manner so as to provide for the reasonable economic use of the total site in a manner consistent with the provisions of this ordinance. 2) The Board may grant a variance to the literal provisions of this ordinance if it finds that: a) there has been substantial and detrimental reliance in good faith by an applicant who has received a permit or certificate issued in error by the administrative official charged with enforcement of this ordinance, and b) the mistaken issuance of the certificate or permit is not the result of an action on the part of the applicant, the property owner, or any other person or party who has had control of the property, to provide misleading or incorrect information, or to knowingly withhold information necessary for the administrative official to accurately review the permit or certificate request. 3) The Board shall under no circumstances grant a variance that will allow a use otherwise not permitted within the zoning district or any variance of the elevation or levels for flood protection. Page 6 August 16, 2000 4) In granting a variance, the zoning administrator or the Board may impose such reasonable and appropriate conditions and safeguards as may be necessary to accomplish, to the extent possible under the circumstances, the purposes of the regulations or provisions which are to be varied or modified and to reduce or minimize potentially injurious effects of the variance upon adjoining properties, the character of the neighborhood, and the health, safety, or general welfare of the community. A variance and any conditions and safeguards which were made a part of the terms under which the variance was granted are binding upon the applicant and any subsequent purchaser, heir, or assign of the property, and any violation of a variance or its conditions and safeguards shall be a violation of this ordinance and punishable as such. 62.1000 SHORELAND DISTRICT: 62.1004 PHYSICAL LIMITATIONS 1) Lot Area and Width Regulations: a) The use of private sewage disposal systems and private water supply to serve any new development within the City of Rochester is subject to the requirements of Paragraph 64.132 of the Rochester Land Development Manual. In addition, the lot width requirements in Paragraph 62.1004(1,b) must be met. b) River/Stream segments must meet the underlying zoning district lot area requirements. In addition, the following lot width standards must be met: yyetlltg T i. �lgricuttural ; �; ,. ..< UFbanlTftbuta`r ...severed .,.�'.uii`sewered...z „ Urban(Trlbutartr; , Single 150' 75' 100, Duplex 225' 115' 150' Triplex 300' 150' 200' Quad 375' 190' 250' 2) Additional Special Provisions: b) Residential developments located within 300 feet of the Ordinary High Water Level of a lake or stream shall not exceed a base density of 4 units/acre of land within the development (this is to include any portion of a proposed lot). Lands located beyond 300 feet of the Ordinary High Water Level will be subject to the underlying zoning district density requirements of the Land Development Manual. c) Lots intended as controlled accesses to public waters or as recreation areas for use by owners of non -riparian lots may be platted as outlots. These lots do not need to meet the applicable lot area requirements, however, they must meet the minimum lot width standards set forth in this ordinance. lt�&uws�'-A -Ttl,4kk,V f; FINDINGS FOR THE VARIANCE OF THE WILLOWS' 60.417 A) there are extraordinary conditions or circumstances, such as irregularity, narrowness, or shallowness of the lot cr.exceptional topographical or physical conditions.which are peculiar to the property and do not apply to other lands within the neighborhood or the same class of zoning district.. This particular site is zoned R3 to which a unit density of 32.67 units/acre can be used after site capacity calculations. The total site area is about 7.4 acres with about 3 acres of buildable land. Within the buildable land area, there are two sanitary sewer lines; one of which is 13'-O" outside its dedicated easement, and one which does not have an easement at all. This second one is a large collector for SE Rochester. The owners, sellers, and land surveyors were unaware of these discrepancies. Our Information was based on recorded easements from which a Certificate Of Survey was drafted and signed. The discrepancy was realized when our civil engineer staked the site far soil borings. Locating the exact position of these sewer Gnes resulted in realignment of the buildings. In addition, the city no longer uses a 10'-0" wide sewer easement, but requires a 20'-0" wide easement As presently drawn, the revised plan will dedicate this width for loth sewer lines. 8) the variance is necessary to permit the reasonable use of the property involved... The number of units allowed for this R3 property would be 98. We have proposed 80. Shoreline densities are 4 unitsiacre. We are asking 7.7 unitstacre. The shoreline area is about 5.2 acres with AO units encroaching. No cross-reference to floor area or height is used. This means that if we were to relabel these 2-bdrm units into "efficiencies" wl dens or family rooms, the units per acre would be 5.38 (40 units X.70 / 5.2 acres). Or if the saes of the units were twice as large, but the some size building, the relic would be 20 units/ 5.2 acres = 3.85 unwacre. An R3 property Is designated to have higher densities than an R1. One more point a minimum lot in an R1 is 6000 sf; that means that an acre in R1 would allow 7.26 unitslacre. C) the variance will not be materially detrimental to the public welfare or materially injurious to other property In the area, is In harmony with the general purpose and intent of this ordinance, and will not adversely affect Implementation of the Comprehensive Plan... The parcel was previously zoned R3 - no change. The unit densities for an R3 is 32.67 unwacre. The property to the south is R3. The property to the north is R7 with a future arterial between the two. The property to the east is City owned R3. The property to the west is R2 with an existing arterial between the two. D) the variance as granted is the minimum necessary to provide reasonable economic use of the property. As stated above, size of buildings is not part of the shoreline density formula. The unit density is very dose to that of R1; which it too could be of substantial square footage per house. The extraordinary conditions or circumstances shall be found not to be the result of an action by the applicant or property owners who have control of the property. No. The sewer lines belong to the city and were part of a city project In addition, the approval authority shall find that development of the parcel in question cannot be integrated with development of adjacent parcels under the same ownership in such a manner so as to provide for the reasonable economic use of the total site in a manner consistent with the provisions of this ordinance. No, but Ithe land needed to be dedicated for the future arterial roadway were not required,,the ` unit densities would be lower, f ""' • 8!�}Ioo 3Dfi' rj{nD'itlirlL OFFSt} /—Sl_xcm%. Punm EWILDIW n mw , ■rr loan ,fin.-•� .. rs ~'s �® i ROCHESTER PARK AND RtCREATION DEPARTMENT 201 FOURTH STREET SE ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: August 10, 2000 TO: Jennifer Garness Planning RE: The Willows Final Plat #00-35 Acreageof plat.......................................................... Number of dwelling units ............................................. Dwelling unit density ................................................... Densityfactor............................................................ Dedication............................................................... Fair market value of land ............................................. 9.16 acres 80 units 8.7 units/acre .0178 1.42 acres $9,0001 acre The Park and Recreation Department recommends that dedication requirements be met via: Cash in lieu of land in the amount of $12,780 (1.42a X $9000/acre) with payment due prior to recordation of the plat. The Park Department recommends that the existing park easement to the City as shown on the GDP be released if so requested by the applicant. Applicant J & C Gardens, LLC 937 37° Ave NW Rochester MN 55901 ROCHESTER Minnesota 8/16/00 TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur 63- DEPARTMENT OF PUBLIC WORKS 2010 Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the application for Final Plat #00-35 and Variance #00-21 on The Willows property. The following are Public Works comments on the proposal. 1. A Development Agreement has been executed for this property. Charges/fees applicable for the development of the property are addressed in the Development Agreement with the exception of: Traffic Signs as determined by the City of Rochester Traffic Division: 1 Street Name Sign 1 Stop Sign C:1TEMPTP#00-35.doc WETLAND COMMENTS FOR DEVELOPMENT APPLICATIONS Application Number: L� &t t—,co-)S 0, ((,J, No hydric soils exist on the site based on the Soil Survey ��Hydric soils exist on the site according to the Soil Survey. The property owner is responsible for identifying wetlands on the property and A wetland delineation has been carried out for the property and is on file with the Planning Department A wetland delineation is on file with the Planning Department and a No - loss, Exemption, or Replacement Plan has been submitted to the Planning Department. A wetland related application has been approved by the City. This plan incorporates the approved wetland plan. No hydric soils exist on the property based on the Soil Survey. However, due to the location in the landscape the property owner should examine the site for wetlands. The property owner is responsible for identifying wetlands. From John Harford Wetlands LGU Representative (5S, PUBLIC WORKS DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 507/285-8231 August 16, 2000 Jennifer Garness Planning Department Dear Jennifer: The Public Works Department has reviewed Type III, Phase I Final Plat #00-35 to be known at The Willows and Variance #00-21 and has the following comments: Access permit has been approved with right turn lanes. Sincerely, Michael Sheehan County Engineer MTS:ss ViengindocVlanzone.doc 1 o. 5 Administration AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Building Maintenance Surveying and Mapping Engineering Highway Maintenance Parks R Agriculture Solid Waste AUCNUA Stt.I IUN: ---BLIC HEARINGS REQUEST FOR COUNCIL ACTION ORIGINATING DEPT: PLANNING MEETING tso� ' DATE: 08-21-00 ITEM NO. IE-�% i i cM DESCRIPTION: Type III, Phase 1, Final Plat #00-36 to be known as Northern Heights PREPARED BY: North Townhomes Third Subdivision. The plat proposes to subdivide approximately 6.15 Theresa Fogarty, acres of land into 32 lots for a townhome development and two common lots. The plat also Planner �� dedicates right-of-way for one new public roadway (Viola Heights Drive NE). The property is located along the west side of East Circle Drive and allows for the extension of Viola Heights Drive NE to Rocky Creek Drive. August 15, 2000 Planning Department Review: See attached staff report dated August 15, 2000 with the following recommended conditions or modifications: 1. Prior to recording the final plat: • Parkland dedication requirements shall be met via cash In lieu of land in the amount of $10,530. The Care and Maintenance Agreement for the common areas shall be reviewed and approved by the Planning Department. Council Action Needed. 1. 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. 2 Mylar Copies of Plat Distribution: 1. City Administrator 2. City Clerk 3. City Attorney 4. Planning Department File 5. Planning Department, GIS Division 6. Applicant: This item will be considered sometime after 7:00 p.m. Chambers at the Rochester / Olmsted County Government Center. 7. Yaggy Colby Associates COUNCIL ACTION: MoSon by: second by: on Monday, August 21, 2000 in the Council 11 I ^ - n W •I / / H Z r.� o m 6 1 C-j O ry� N Y� Ir ' / n• m �Y Z 4���t� .,.35 w b .ay ,• � ��.. \11 r0 ~ / ,3§ � `� /fir �•/°pi .y /,'�,M �u z o r O •t .-�'' o / OQ- ti ran \ Z Z / � y ce N 0 09.6Zf 1.t5.80bL1 W 00. / h yl aa VlUS'J,JNIW 'yJ1SJIIJUI vp== ?i Hl?lON S1HJ13H N 213H1 o=as:_ " - NVld 1N3WdOl3A30 lVi! J f�� I I 1 Qz TN 'b0 SIHO13H VIOA J Y YOYv� fl cr O y 1� J 1 ;. T lye 0, J\ v �r �I ry y ly Iz NO/Sl/VOB17S V = ° MOHSdO �.( VI NNOO (r„D TO: Rochester Common Council FROM: Theresa Fogarty, Planner DATE: August 15, 2000 s�{�.fme171.1tMONO, 1� ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 ADMINISTRATION/ 507/265-8232 PLANNING GIS/ADDRESSING/ 5071285-8232 MAPPING HOUSING1HRA 5071285-8224 BUILDING CODE 507/285-8213 WELLJSEPTIC 5071285-8345 FAX 507/287-2275 RE: Type III, Phase I, Final Plat #00-36 to be known as Northern Heights North Townhomes Third Subdivision. The plat proposes to subdivide approximately 6.15 acres of land into 32 lots for a townhome development and two common lots. The plat also dedicates right-of-way for one new public roadway (Viola Heights Drive NE). The property is located along the west side of East Circle Drive and allows for the extension of Viola Heights Drive NE to Rocky Creek Drive. Planning Department Review: ApplicantslOwners: Americana Realty, Inc. Arnold Bomgaars 1530 Greenview Drive SW Rochester, MN 55902 Surveyors t Engineers: Yaggy Colby Associates 717 Third Avenue SE Rochester, MN 55904 Referral Comments: 1. Rochester Park & Recreation 2. Olmsted County SWCD 3. Rochester Fire Department 4. Rochester Public Works Department Report Attachments: 1. Referral Comments (4) 2. Copy of Final Plat 3. Copy of approved General Development Plan Plat Data: Location of Property: The property is located along the west side of East Circle Drive and allows for the extension of Viola Heights Drive NE to Rocky Creek Drive. Existing Zoning: The property is zoned R-2 (Low Density Residential) District on the City of Rochester Zoning Map. �� AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 3 j Final Plat 00-36 ( � Northern Heights North Townhomes Third Subdivision August 16, 2000 Preliminary Plat: A preliminary plat for this property was approved by the City Council on April 3, 2000 with the following conditions: 1. The Plat shall be revised to: 1) Change the roadway labeled Raechel Place NE to Viola Heights Drive NE; 2) Relocate the 20 foot public utility easement between Lots 8 & 9, Block 2 to Lots 9 & 10, Block 2; and 3) Provide controlled access along the entire frontage road of East Circle Drive (CSAH 22). 2. The applicant shall enter into a development agreement with the City that outlines the obligations of the applicant, relating to, but not limited to, stormwater management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, and contributions for public infrastructure. The Development Agreement shall also outline the developer's responsibility for design, engineering, and construction of the temporary turn- around indicated on the City Park land at the southerly end of Glady Lane NE, and a 10' bituminous path long East Circle Drive (CSAH). Staff Recommendation: The Planning Staff has reviewed the submitted final plat and finds that it is consistent with the approved preliminary plat that relates to this final plat. The staff would then recommend approval subject to the following conditions: Prior to recording of the final plat: • Parkland dedication requirements shall be met via cash in lieu of land in the amount of $10,530. • The Care and Maintenance Agreement for the common areas shall be reviewed and approved by the Planning Department. REMINDER TO APPLICANT: • Prior to development, the property owner will need to execute a City Owner Contract for construction of the public infrastructure and utilities to serve this plat. 119 DATE: August 9, 2000 TO: Jennifer Gamess Planning ROCHESTER PARK AND RECREATION DEPARTMENT 201 FOURTH STREET SE ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM RE: Northern Heights North 3th Townhomes Final Plat #00-36 Acreage of plat.......................................................... Number of dwelling units ............................................. Dwelling unit density ................................................... Densityfactor............................................................ Dedication............................................................... Fair market value of land ............................................. 6.15 acres 32 units 5.21 units/acre .0244 .78 acres $13, 500/acre The Park and Recreation Department recommends that dedication requirements be met via: Cash in lieu of land in the amount of $10,530 payable prior to recording of the plat Applicant: Amold Bompars 1530 Greenview Drove SW N:\PARK\DSTOTZ\2000\➢EDICATION\NE 2896\NORTHERN HGHTS NO 3RD TWNHME.DOC ROCHESTER 1`3 Minnesota 8/16/00 DEPARTMENT OF PUBLIC WORKS 2010 Street SE Room 108 TO: Consolidated Planning Department Rochester, MN 55904-3740 2122 Campus Drive SE 507-287-7800 Rochester, MN 55904 FAX - 507-281-6216 FROM: Michael J. Nigbur The Department of Public Works has reviewed the application for Final Plat #00-36.on the Northern Heights North Townhomes Third Subdivision property. The following are Public Works comments on the proposal. 1. A Development Agreement has been executed for this property. Charges/fees applicable for the development of the property are addressed in the Development Agreement with the exception of: Traffic Signs as determined by the City of Rochester Traffic Division: C:ITEMP%FP#00-36. doc REQUEST FOR COUNCIL ACTION MEETING 1 `05 DATE: 08-21-00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. BLIC HEARINGS PLANNING IEF�-S ITEM DESCRIPTION: Type III, Phase I, Final Plat #00-15 to be known as Pinewood Hills First. PREPARED BY: The plat proposes to subdivide approximately 20.81 acres of land into 21 lots for single Theresa Fogarty, family residential development and 2 outlots. The Plat also dedicates right-of-way for one Planner new public roadway. The property is located along the east side of 23' Avenue SE, south of Pinewood Road and west of Dornack's Subdivision. J� August 16, 2000 Planning Department Review. See attached staff report dated August 16, 2000 with the following recommended conditions or modifications: 1. Parkland dedication of Outlot A be met as specified in the City Park and Recreation Department memo, dated August 3, 2000 and according to the executed Development Agreement. 2. Revise the final plat changing the roadway labeled "Ashley Lane SE" to "Valverde Lane SE" or work with the Planning Department - GIS Division to appropriately label the roadway. Council Action Needed: 1. 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. 2 Mylar Copies of Plat Distribution: 1. City Administrator 2. City Clerk 3. City Attorney 4. Planning Department File 5. Planning Department, GIS Division 6. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, August 21, 2000 in the Council Chambers at the Rochester! Olmsted County Government Center. 7. GGG Engineering COUNCIL ACTION: Motion by: Second by: to: pv`<z,VOpD 1,1r,1 0-W} F[i2ST +L I I I I qQ I p� I �a I I ce) I � I I v1 r I o I I I m I 'AA+I Csq I Y I n N •E co n i I � � y n N / I E en r cV E f + > > e f f + N � s i > > f > • N I a a > a u1 xeer 52Y6'E 650.56 ' •epm WTTaA NJOMY -� > > f f a > > DATE: TO: FROM: RE: E COUNTY OF August 21, 2000 Rochester Common Council Mitzi A. Baker Council Agenda Item E — 8 - REVISED Wur actiFE k..11, '• s.- ORq TF�D GGCgT� n ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 ADMINISTRATION/ 507/285-8232 PLANNING GIS/ADDRESSING/ 507/285-8232 MAPPING HOUSING/HRA 507/285-8224 BUILDING CODE 507/285-8213 WELUSEPTIC 507/265-8345 FAX 507/287-2275 The applicant filed a REVISED Final Plat with the Planning Department today and requests Council approval of the REVISED Plat. The Plat has been modified to re -label Outlot B to "Lot 7" and to change the roadway name. In addition, the Rochester Park and Recreation Department submitted a revised comment letter for this Plat. Staff recommends that this REVISED Final Plat, to be known as Pinewood Hills First Subdivision be approved subject to the following conditions or modification: 1. Parkland dedication for this subdivision sha!! be met via deferred land dedication, as specified in the Rochester Park and Recreation Department memorandum dated August 21, 2000. `'� AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER 49Msel a ;s�� � Fg 4us��9ygagR'�� E� 3I aY g jS'}}e�88,id; b 4��=#�� till o 0 d R r^�r^ v, y b qZ 4 s yyyyppppz s vy� Sg $yQ@yY_q cs� � C rF �g $$pss��te° gs3 ssp'II �1 "� s ps E:V s ips Co e p gE p IsgPg�ytyN39'3E g! sp� garF is$cag���s� $pqs� rgggSg y gi$`s�g; #a s[B Ff g _ apg� gpq Lgg� tE sqq Grp' SaH ap sQsQ p p g , pppgg4 ys+ g -$¢s pup S '•'SSE tpP �L 45�:YSSgr9 9S a gC sea9p Si{R±�y q ,°3 9[$3AF'pp ( gia"44 glppag31EN4S })$ Bgg4a1 SdjxP a 4 = 3§-iiiiris IT J t "SAA s p ill H°rg b �' 3qp : �gY3° $a /" 4� 1 qq 9 h �I i n 0''fl� L'"�� v'tj ✓..:.. � Y ,C, Ys" .tl � s f m w a CV _ 9 II i cvCNJ cv YPo xfS m I z$2a$} P I I CBI Z•- I I C7 �pl I �' •Yi I I .-1 -fir i' 1 ko r/S i I - � i xenrtst --�� F a i a M43M --� s a a o� Q — — I a a i�t p� r--- -- ~ h hg Sl : O a a is q s 6Zal p �6 •v ,M�Y,> / f�i i i 68 E K ___..,� � it c7 y }f�' a a a i i i i'} � fir• W8' ��` ��6 L— —— i s rr + a a a t • `-` y2 i co"I a a a a a i a a '� b 9�::: •.••.:.. — ....._ _i — -� , ..a sw! ui[ � , i A• , "j[c Iris-1� Awslotn ml+auxUwaw. ___ _, . " - .... uwux gMnuE elxq l� "�J UNP .ATMD a a a a a • i t � �•� i a a i A} 410 Rochester -Olmsted Planning Department GIS/Addressing Division 2122 Campus Drive SE Rochester, MN 55904-4744 Phone: (507)285-8232 Fax: (507)287-2275 PLAT REFERRAL RESPONSE DATE: August 21, 2000 TO: Jennifer Garness FROM: Planning Dept. Addressing Staff CC: Mike Wiebusch, Ed Kuisle RE: PINEWOOD HILLS FIRST (REVISED) A review of the final plat has turned up the following address related issues: NO COMMENTS. I ROCHESTER PARK AND RECREATION DEPARTMENT 201 FOURTH STREET SE ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: August 21, 2000 TO: Jennifer Garness Planning RE: Pinewood Hills 15t **REVISED** Final Plat # 00-15 Acreage of plat.......................................................... 20.81 a Number of dwelling units ............................................. 21 units Density factor............................................................ .0244 Dedication............................................................... .51 acres The Park and Recreation Department recommends that dedication requirements be met via: Deferred land dedication. Land to be dedicated is the neighborhood park as located on the approved GDP. The land should be dedicated at such time as the park is accessed via street or the park department wishes to begin development of the land. The park access is to be located south of Outlot B as per the approved GDP. Applicant: Schoenfelder's Southstar Inc 1652 Greenview Dr SW C:\TEMP\PINEWOOD HILLS 1ST REV.DOC OUINSTAR GENERAL DEVELOPMENT PLAN ram,,, YNE M {QT TOTAL LOTS - 147 OXIMATE ROAD = 12.941 L TOWNHOMES = loo _..... IERCIAL = 11.2 ACRES TOTAL WETLAND = 12.1 ACRES WETLAND AREA ---- FLOODWAY BOUNDARY ---- EXISTING CITY UNITS PINEWOOD HILLS 1st SUBDIVISION FINAL PLAT TO: Rochester Common Council FROM: Theresa Fogarty, Planner.)l DATE: August 16, 2000 �q::nii ou::i'ta �wtrci'�wn�sy ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS OR SE ROCHESTER MN 55904-4744 ADMINISTRATION/ 507/285-8232 PLANNING GIS/ADDRESSING/ 507/285-8232 MAPPING HOUSING/HRA 507/285-8224 BUILDING CODE 507/285-8213 WELUSEPTIC 507/285-8345 FAX 507/287-2275 RE: Type III, Phase I, Final Plat #00-15 to be known as Pinewood Hills First. The plat proposes to subdivide approximately 20.81 acres of land into 21 lots for single family residential development and 2 outiots. The Plat also dedicates right-of-way for one new public roadway. The property is located along the east side of 23rd Avenue SE, south of Pinewood Road and west of Dornack's Subdivision. Planning Department Review: Applicants/Owners: Schoenfelder's Southstar, Inc. 1652 Greenview, Drive SW Rochester, MN 55902 Surveyors I Engineers: GGG Engineering 10470 Highway 52 SE Chatfield, MN 55923 Referral Comments: 1. Rochester Public Utilities - Operations Division 2. Rochester Park & Recreation 3. Planning Department - Wetlands, John Harford 4. Olmsted County - SWCD 5. Rochester Public Works Department 5. Rochester Fire Department 7. Planning Department - GIS Division Report Attachments: 1. Referral Comments (7) 2. Copy of Final Plat 3. Copy of approved General Development Plan 4. Vicinity Map Plat Data: Location of Property: The property is located along the east side of 231 Avenue SE, south of Pinewood Road and west of Dornack's Subdivision. Existing Zoning: The property is zoned R-1 (Mixed Single Family Residential) district on the City of Rochester Zoning Map. `-'Y AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER IT Paget Final Plat 00-15 Pinewood Hills First Subdivision August 16, 2000 Proposed Development: This development consists of subdividing 20.81 acres of land into 21 lots for single family residential development and 2 outlots. Roadways: The final plat dedicates right-of-way for one roadway, labeled "Ashley Lane SE" and intersects 23rd Avenue SE along the east. This roadway is classified as a "local" street and is designed with a 56' right-of-way and a 50' cul-de-sac radius. "Ashley Lane SE" is unacceptable as there is already an "Ashley Lane SW". It is recommended that the roadway be changed to "Valverde Lane SE" as was indicated on the preliminary plat or work with the Planning Department - GIS Division to appropriately label the roadway. The owner has executed a contribution agreement with City Public works for 23r° Avenue SE. Wetlands: The Soil Survey and National Wetland Indicator maps were reviewed for the presence of wetlands. A wetland delineation report is on file with the Planning Department and the applicant received an exemption for the property in 1998. The final plat appears to conform with the GDP and wetland delineation submitted. The wetland must be avoided, as specified in the wetland exemption approved in 1998. Public Utilities: Sanitary sewer and water lines will be extended from their present ends to accommodate this development. A Development Agreement has been executed with the City Public Works Department. Pedestrian Facilities: The owner has executed a Development Agreement with the City and has agreed to provide pedestrian facilities along both sides of the entire frontage of Ashley Lane SE, including Pinewood Road SE, 23rd Avenue SE and 111n Avenue SE. Drainage: The topography is slightly rolling with 1050' in the NW direction and 1090' in the SE direction to about the center of proposed Outlot A. From the center of Outlot A in the SE direction, the topography becomes steeper ranging from 1090' to 1120' in the SE direction. Grading and drainage plans have been approved by the City Public Works Department for this final plat. Spillover Parking: As per Section 63.426 of the LDM, all residential development must provide spillover parking for service vehicles and visitors. This development requires 26 spillover parking stalls. It appears as though the additional parking can be accommodated on the roadways and most likely within private driveways for the single family homes. Page 3 Final Plat 00-15 Pinewood Hills First Subdivision August 16, 2000 117r 11 Parkland Dedication: The City Park and Recreation Department recommends that dedication requirements be met via: Deterred land dedication. Land to be dedicated is the neighborhood park as located on the approved GDP. The land should be dedicated at such time as the park is accessed via street or the park department wishes to begin development of the land. The applicant has indicated Outlet B will be replatted as a single family lot in the next phase, which is consistent with the GDP. General Development Plan: This property is included within the Quinstar General Development Plan, approved in 1999. The Plat is consistent with the approved GDP. Preliminary Plat: A preliminary plat for this property was approved by the City Council on May 15, 2000 with the following conditions: 1. The Development Agreement for this property must be executed with the City prior to the submittal of the final plat. 2. The easement between Lots 5 & 6, Block 1 and Lots 6 & 7, Block 1 be labeled utility and drainage easement and be a minimum of 20 feet. 3. The owner shall execute with the City a contribution agreement for 23r° Avenue SE, prior to the submittal of the final plat. 4. Outlot A shall be dedicated to the City. 5. Pedestrian facilities are required along both sides of the entire frontage of Valverde Lane SE, including Outlot A, and along the entire easterly right-of-way of 23W Avenue SE. 6. Remove grass walking trail indicated on Outlet A. Staff Recommendation: The developer has executed a Development Agreement with the City for this Plat. The Council will acted on the Development Agreement on July 17, 2000. If the Development Agreement is approved on July 17, 2000, staff would recommend approval subject to the following conditions or modifications: 1. Parkland dedication of Outlet A and Outlet B be met as specified in the City Park and Recreation Department memo, dated August 3, 2000 and according to the executed Development Agreement. 2. Revise the final plat changing the roadway labeled "Ashley Lane SE" to "Valverde Lane SE" or work with the Planning Department - GIS Division to appropriately label the roadway. REMINDER TO APPLICANT. • Prior to development, the property owner will need to execute a City Owner Contract for construction of the public infrastructure and utilities to serve this plat. r - raCrealion • ROCHESTER PARK AND RVICREATION DEPARTMENT 201 FOURTH STREET SE ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: August 3, 2000 TO: Jennifer Garness Planning RE: Pinewood Hills 15` Final Plat # 00-15 Acreageof plat.......................................................... 20.81 a Number of dwelling units ............................................. 21 units Densityfactor............................................................ .0244 Dedication............................................................... .51 acres The Park and Recreation Department recommends that dedication requirements be met via: Deferred land dedication. Land to be dedicated is the neighborhood park as located on the approved GDP. The land should be dedicated at such time as the park is accessed via street or the park department wishes to begin development of the land. Outlot B of the plat will be part of the proposed park for the subdivision. The applicant will given credits for .37 acres of dedication when the lot is deeded to the City. Applicant: Schoenfelder's Southstar Inc 1652 Greenview Dr SW N:\PARK\DSTOTZ\2000\DEDICATION\SE 2895\PINEWOOD HILLS 1ST.130C 0 rpu pledie, ve deliver 507l280-1579 August 7, 2000 TO: Jennifer Garness, Planning Department Rochester -Olmsted Planning Department FROM: Michael J. Engle, Supv. Of Distribution Design Rochester Public Utilities • 03 SUBJECT: Type III, Phase I Final Plat #00-15 to be known as Pinewood Hills First. The plat proposes to subdivide approximately 20.81 acres of land into 21 lots for single family residential development and two outlets. The plat also dedicates right-of- way for one new public roadway. The property is located along the east side of 23`d Avenue SE, south of Pinewood Road, and west of Dornack's Subdivision. RPU's Operations Division has reviewed this final plat and has no objection as it is outside our service area at this time. However, we do intend to serve the total area in the future. Sincerely, `��I i �4 Michael J. Engle ks c: W. Lorber T. Adkins, City Attorney Rochester Public Utilities, 4000 East River Road NE, Rochester, MN 55906-2813 telephone 507.280.1540 facsimile 507.280.1542 website www.rpu.org i WETLAND COMMENTS FOR DEVELOPMENT APPLICATIONS Application Number: zP tl tf�—!S C" owesrauE( " No hydric soils exist on the site based on the Soil Survey Hydric soils exist on the site according to the Soil Survey. The property owner is responsible for identifying wetlands on the property and A wetland delineation has been carried out for the property and is on file with the Planning Department _ A wetland delineation is on file with the Planning Department and a No - loss, Exemption, or Replacement Plan has been submitted to the Planning Department. A wetland related application has been approved by the City. This plan incorporates the approved wetland plan. No hydric soils exist on the property based on the Soil Survey. However, due to the location in the landscape the property owner should examine the -site for wetlands. The property owner is responsible for identifying wetlands. From John Harford Wetlands LGU Representative ROCHESTER Minnesota S/11/00 TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur The Department of Public Works has reviewed the requested application for the Pinewood Hills First (P/O Quinstar GDP#136 - was called Pinewood Me; property. The following are Public Works comments on the proposal: 1. A Development Agreement has been executed for this property. o Si DEPARTMENT OF PUBLIC WORKS 2010 Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 Charges & fees for this development are addressed in detail in the Development Agreement, with the exception of the following: Traffic Signs as determined by the City of Rochester Traffic Division: 2 Street Name Signs 1 Street Ends Sign C:ITEMPFP#00-15.d0c REQUEST FOR COUNCIL ACTION MEETING (T7 DATE: 8121 /00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Public Hearing Public Works 15,9 ITEM DESCRIPTION: Real Estate — Official Street Map # 12 Amendment PREPARED BY: M. Nigbur The City of Rochester and ROGOG staff are requesting a modification to the existing Official Street Map No. 12. The current Official Street Map No. 12 (OSM12) that was created was, in part, based on the TH63 Corridor Study that occurred in the mid 1990's. The corridor study discussed access limitations, roadway improvements needed and temporary modifications needed until final improvements were installed. The mapping of OSM12 included the anticipated area impacted from the corridor improvement project from 36th Street to 48th Street along the TH 63 corridor and included the 40th Street and 48th Street interchanges, a small portion of 40th Street lying West of TH 63, a small portion of 48th Street lying West of TH63, and the connection of 40th Street/48th Street/St Bridgets Road all lying East of TH 63. Secondly, the mapping for OSM12 included adequate land area necessary to accommodate alternative ramp designs at the 40th and 48th Street interchanges. The OSM 12 that was created had several benefits including: o Provided information to the abutting Owner of the approximate area that would be impacted by the 40th/48th Street interchanges. o Defined an approximate area that was to remain unencumbered for future right of way acquisition. Since the adoption of the OSM12 map a consultant was retained to provide more detailed design for the interchange work as well as more information related to other roadway work that may be needed to provide a good transportation network in the immediate area. The analysis by the consultant finalized the land area needed for the interchanges and expanded the boundaries of the project on the abutting roadways and associated right of way. The information developed by the consultant, together with information provided by the City, State, County, and landowners was consolidated and reviewed by the involved agencies. The compilation of information and the use of sound engineering provided the basis for the newly created Amended Official Street Map No. 12 (AOSM12). The AOSM12 includes an area from the TH52 to 48th Street interchanges along the TH63 corridor and includes the 40th and 48th Street interchanges, frontage road improvements and connections, Willow Creek Channel modifications, 40th Street lying West of TH 63 to the 18th Avenue SW intersection, 48th Street lying West of TH 63 to the 1 Ith Avenue SW intersection, and the connection of 40th Street/48th Street/St Bridgets Road/Garden Place all lying East of TH 63. These changes proposed as part of the AOSM 12 are specifically modifying the OSM12 for the right of way amounts and locations needed for the ultimate construction of the area roadways. Staff would respectfully request approval of the Amended Official Street Map No. 12. COUNCIL ACTION REQUESTED: Direct the City Attorney to prepare an Ordinance a ending the Official Street Map No. 12 COUNCIL ACTION: Motion by: Second by: to: (14 mnesota Statutes 1999, 462.359 Page 1 of 2 Minnesota Statutes 1999. Table of Chapters Table of contents for Chapter 462 462.359 Procedure for plan effectuation; official maps. Subdivision 1. Statement of purpose. Land that is needed for future street purposes and as sites for other necessary public facilities and services is frequently diverted to nonpublic uses which could have been located on other lands without hardship or inconvenience to the owners. When this happens, public uses of land may be denied or may be obtained later only at prohibitive cost or at the expense of dislocating the owners and occupants of the land. Identification on an official map of land needed for future public uses permits both the public and private property owners to adjust their building plans equitably and conveniently before investments are made which will make such adjustments difficult to accomplish. Subd. 2. Adoption. After the planning agency has adopted a major thoroughfare plan and a community facilities plan, it may, for the purpose of carrying out the policies of the major thoroughfare plan and community facilities plan, prepare and recommend to the governing body a proposed official map covering the entire municipality or any portion thereof. The governing body may, after holding a public hearing, adopt and amend the official map by ordinance. A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the municipality at least ten days prior to the date of the hearing. The official map or maps shall be prepared in sufficient detail to permit the establishment of the future acquisition lines on the ground. In unplatted areas a minimum of a centerline survey shall have been made prior to the preparation of the final draft of the official map. The accuracy of the future acquisition lines shown on the official map shall be attested to by a licensed land surveyor. After adoption, a copy of the official map, or sections thereof with a copy of the adopting ordinance attached shall be filed with the county recorder as provided in sections 462.351 to 462.364. Subd. 3. Effect. After an official map has been adopted and filed, the issuance of building permits by the municipality shall be subject to the provisions of this section. Whenever any street or highway is widened or improved or any new street is opened, or interests in lands for other public purposes are acquired by the municipality, it is not required in such proceedings to pay for any building or structure placed without a permit or in violation of conditions of a permit within the limits of the mapped street or outside of any building line that may have been established upon the existing street or within any area thus identified for public purposes. The adoption of an official map does not give the municipality any right, title, or interest in areas identified for public purposes thereon, but the adoption of the map does authorize the municipality to acquire such interests without paying compensation for buildings or structures erected in such areas without a permit or in violation of the conditions of a permit. Subd. 4. Appeals. If a land use or zoning permit or approval for a building in such location is denied, the board of http://www.revisor.leg.state.mn.us/stats/462/359.html 8/17/00 Minnesota Statutes 1999, 462.359 Page 2 of 2 appeals and adjustments shall have the power, upon appeal filed with it by the owner of the land, to grant a permit or approval for building in such location in any case in which the board finds, upon the evidence and the arguments presented to it, (a) that the entire property of the appellant of which such area identified for public purposes forms a part cannot yield a reasonable return to the owner unless such a permit or approval is granted, and (b) that balancing the interest of the municipality in preserving the integrity of the official map and of the comprehensive municipal plan and the interest of the owner of the property in the use of the property and in the benefits of ownership, the grant of such permit or approval is required by considerations of justice and equity. In addition to the notice of hearing required by section 462.354, subdivision 2, a notice shall be published in the official newspaper once at least ten days before the day of the hearing. If the board of appeals and adjustments authorizes the issuance of a permit or approval the governing body or other board or commission having jurisdiction shall have six months from the date of the decision of the board to institute proceedings to acquire such land or interest therein, and if no such proceedings are started within that time, the officer responsible for issuing permits or approvals shall issue the permit or approval if the application otherwise conforms to local ordinances. The board shall specify the exact location, ground area, height and other details as to the extent and character of the building for which the permit or approval is granted. HIST: 1965 c 670 s 9; 1976 c 181 s 2; 1986 c 444; 1995 c 254 art 3 s 8; 1998 c 324 s 9 Copyright 1999 by the Office of Revisor of Statutes, State of Minnesota. i http://www.revisor.leg.state.mn.us/stats/462/359.html 8/17/00 J�D I I I I I I I I a a m WF:tst F- a a 9Igy€ dC d V2ZNY i tlYtlYa J N w R �A Q � won $ a gg66 p 0 ZiN i p�3 93 cIF7 g� LLJ �s d ZLLJ C�yS$5$ aKzNo yYgb g� in 0 w 0 Z a w Q V U- L. 0 0 w 0 W Q >0° 6Ei,'I! r°.11i.E I c S � "aMo-nim y°Real$4-_AS A._'•:8-^R.. 88886gR8� a::A:,S S8�S .: $s ill; exR 8x R9:,°TsAg-.iA a.; v8iA_oCR g_.a °�zSR�::a s:'Sz a: acas�.c8 fie. sx: :ss 0 0 lam. n n �C 1i3 5 x^qa w 2- .,..� � � _•gam � I N \ate r � �iaeb6 Q arm LZetzLik 90'vtol ICNDII � Z W Ex ..� 3e1r02 ae loch 3 �� tr ._.. I o•SYB�� �S"d�5 i U � Y a st 9leW�'d�yhA17 '•`w� �. h� ALZ o laJ r )Y: �P£,fOASC Q YO� 0pp0 0p[[ m i b �f o' pp a,5eazg ,M,Po110'"'� w l O'R:3FF� 00* DS'i �Y eS y�Y,S, g:za�R ppSS a '20 Sa HAI 1p lG[OAO Z a [PR nR I o $s a ^ h nW o .61 f CN m O � --__---_--_ 7 5 e 3 illilt REQUEST FOR COUNCIL ACTION MEETING ( �5 DATE: 8/21/2000 AGENDA SECTION: OLUTIONS AND ORDINANCES RESOLUTIONS AND ORDINANCES G. 1. RESOLUTIONS ORIGINATING DEPT: I IT'. CITY ATTORNEY'S OFFICE G G. 2. FIRST READING OF ORDINANCES, as appropriate. G. 3. SECOND READING OF ORDINANCES (for adoption). a) An Ordinance Creating and Enacting Section 38.125, Amending and Reenacting Section 28.12, and Repealing Section 38.025 of the Rochester Code of Ordinances, Relating to the Suspension or Revocation of a Rental Registration Certificate. (1✓ .b) An Ordinance Amending and Reenacting Section 75.01 of the Rochester Code of Ordinances, Relating to the Designation of Estates Lane S.W., Platted in Country Club Estates, as Allegro Park Lane S.W. (Request Made to Suspend Rules). G.4. MISCELLANEOUS (nVU t I 46 Memorandum To: Stevan Kvenvold CC: Mayor and Councilmemb`ers From: Richard W. Freese �r Date: 08/21/00 Re: Revised Official Street Map #12 Amendment AGENDA ITEM # E-9 The owners of property in the northwest quadrant of the TH 63 / 48 h Street South interchange have requested a revision to the Official Street Map 412 Amendment #1. The revision is denoted on the attached Sheet 3 of the Official Map which is page 182 of the Council Agenda packet for the August 21, 2000 City Council meeting. The requested revision more clear defines a future frontage road connection across the Graham property between 48'" Street SW and the Kottschade property to the north and reduces the amount of land designated as future right-of-way. Public Works staff recommends approval and incorporation of the requested revision to the Official Street Map #12 Amendment #1 as denoted on the attached revised Sheet 3. e^. E x 5 f k,dt� �pFF na kaa or 0 0 ry � $ LLI fq ----- �a6S '----------.�— _ ILL i n I N n fa ry)�.CZ,LIABI I O z CL 09 W I Q .SZ,ZtaA�~ nh LL, o$ILL OB'091 . i.-. n$. �V)J n " Uxvzvm. n w" Lis -EwSNo ell NQ wgp� I a- " .m� /.BB_BR ui-aw uxm� u an �_ Cq1� Yy�� L 1 —�— R � s ,csk 1 L ��m.�l�jPII u �=$a:,ea:sa9e?eaesYss.:asa$$ �da«^9Y898RR69999FSA:9^_Yam 9' .YxsY.YR8t�y S^a$: Aq4 bR e•g fg3' l �\JA44.®----1 ----- I�� i a I I o of • • INFORMATIONAL ITEMS 1) Committee of the Whole Meeting Minutes from Meetings of 06112100 07110100, 07/17/00 and 07/24/00 STANDING COMMITTEE AGENDA . ROOM 104, CITY HALL JUNE 12, 2000 PERSONNEL ADVISORY COMMITTEE - 3:45 P.M. COMMITTEE OF THE WHOLE - 4:15 P.M. PAGE (1-5) 1) Discussion of the Bids for the Regional Recreation and Sports Facility (attachment) e 1�1 COMMITTEE OF THE WHOLE ROOM 104, CITY HALL JULY 10, 2000 4:15 P.M. 1) Presentation of 1999 Financial Report STANDING COMMITTEE AGENDA ROOM 104, CITY HALL JULY 17, 2000 COMMITTEE OF THE WHOLE - 4:15 P.M. 1) Funding for a Neighborhood Coordinator /Position/Mayor (Canfield 7 41, C/ 2) Interview Recommended Appointment of Director of Building Safety � IV t • COMMITTEE OF THE WHOLE ROOM 104, CITY HALL JULY 24, 2000 4:15 P.M. PAGE (1-6) 1) Review Results of Operation Twister Disaster Exercise (partial attachment - full document submitted separately) (7-9) 2) Review of TIF Policies Relating to First Homes Program (attachment) az