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HomeMy WebLinkAbout10/02/2000_RegularCITY OF ROCHESTER COUNCIL AGENDA O f' COUNCILIBOARD CHAMBERS Qv GOVERNMENT CENTER 151 4TH STREET SE MEETING NO. 22 OCTOBER 2, 2000 REGULAR 7:00 P.M. PAGE (1-2) A) OPEN COMMENT PERIOD B) CALL TO ORDER C) LETTERS AND PETITIONS (3-4) 1) Petition for Sidewalk/Baihly Estates Drive SW Area (5-6) D) CONSENT AGENDAIORGANIZATIONAL BUSINESS 1) Approval of Minutes (7-8) 2) Proposed Department Head Classification Audit (9-18) 3) Proposed Amendment to Disorderly Use Ordinance (19-20) 4) Amendment No. 1 to Joint Powers Agreement Between the City and MnSCU for Roadway Improvements (21-22) 5) Funding for Master Action Plan for Youth (23-24) 6) Amendment to Development Agreement with MF Holdings Related to WSI Expansion Project (25-26) 7) Fire Station #3.Yaggy Colby Architects/Luken Architecture (27-30) 8) Consideration of Public Utility Board Action (31-32) 9) Housing Code Amendments (33-34) 10) Licenses, Bonds & Miscellaneous Activities (35-36) 11) On -Sale Intoxicating & Sunday Liquor License for Bon Buffet (37-38) 12) Resident Permit Parking Stickers (39-46) 13) Appointment of Election Judges for the 1117/00 General Election (47-48) 14) Approval of Accounts Payable (49-50) 15) Use of Mayo Clinic Facilities for Training Purposes for Rochester Fire Department (51-52) 16) Appointment/Firefighter/Fire Department (53-54) 17) Donation to City of Rochester Police Honor Guard (55-56) 18) Donation for ERU (57-58) 19) Contribution Agreement for 1239 2"d Street NW (59-60) 20) Transportation Revolving Loan Fund Application (61-62) 21) Street Improvement Contribution Agreement with Mayo Clinic Council Agenda October 2, 2000 Page 2 (63-64) 22) Revocable Permit for 3021 43`d Street NW (65-66) 23) Revocable Permit for 2425 52id Street NW (67-68) 24) Owner ContractlWatermain to Serve Salem Meadows Ph III (Buildings 6-12 & 20-28) (69-70) 25) Stormwater Management Agreements (71-72) 26) Proposal for Engineering Services for Sanitary Sewer and Watermain Extensions (73-74) 27) Request to Advertise for Bids/Water Tower in Southeast Service Area (75-76) 28) Request to Advertise for Bids/Trunk Watermain in Southeast Service Area (77-82) 29) Consideration of. Bids/Sanitary Sewer and Watermain to Serve 3010 Valleyhigh Drive NW (83-84) 30) Supplemental Agreement #1 and #2 Trunkline Sanitary Sewer in Marion Township E) HEARINGS (85-98) 1) Annexation Petition Initiated by City of Rochester to Annex, into the City, Properties in Rochester Township that are 100% Surrounded by the City (99-100) 2) 2001 Community Development Block Grant (CDBG) Appropriation (101-114) 3) Type III, Phase II, Amendment to Final Plan to Allow Building to be Used for Purpose of a Christian Bookstore/1617 Skyline Drive SW (115-128) 4) Zoning District Amendment by Ratzloff/Bigelow Development to Rezone Approx. 6.89 Acres from R-1 to R-2 to Allow Development of Townhomes/Pinewood Rd SE, W of 22"4 Ave SE & E of Bikeway Trail (129-140) 5) Type III, Phase II, Amendment to General Development Plan by Ratzloff/Bigelow Development Known as South Park (141-152) 6) Preliminary Plat by Ratzloff/Bigelow Development to be Known as South Park Six (153-164) 7) Type III, Phase 11, Zoning District Amendment to Rezone Approx. 2 Acres from R-1 to B-5 to Allow for Residential/Commercial Types of Uses/East Side of 11"' Avenue SE (County Road 1), North of Future Alignment of 20t' Street SE and West of Bear Creek (165-184) 8) General Development Plan to be Known as Spruce Meadows and Design Modification (185-200) 9) Type III, Phase 11, Amendment to Preliminary Plat Known as Valley Side Estates by Freedom Development & Consulting, LLC (201-214) 10) Type III, Phase 11, Land Subdivision Permit Preliminary Plat) by Randy Reynolds to be Known as South Pointe 6 Subdivision (215-230) 11) Preliminary Plat to be Known as Summit Pointe Second Subdivision Council Agenda October 2, 2000 Page 3 (231-252) 12) Type III, Phase Il, Land Subdivision Permit (Preliminary Plat) by MOG, LLC to be Known as Hart Farm Subdivision (253-258) 13) Type III, Phase I, Final Plat to be Known as Summit Pointe (259-270) 14) Type III, Phase I, Final Plat to be Known as Kingsbury Hills (271-284) 15) Final Plat to be Known as Emerald Hills Third Subdivision (285-294) 16) Vacation Petition by Western Walls to Vacate ROW and a Utility Easement in Rose Harbor Estates and Rose Harbor 4t' Subdivisions (295-312) 17) Annual Review of the Rural Service District Parcels (313-314) 18) Sanitary Sewer and Watermain to Serve the Crocus Hills Area (315-316) 19) Project Hearing for South Park Drainage Ditch Improvements (317-318) 20) Special Assessment Hearing for South Park Drainage Ditch Improvements F) REPORTS AND RECOMMENDATIONS (319-320) G) RESOLUTIONS AND ORDINANCES H) TABLED ITEMS 1) OTHER BUSINESS J) ADJOURNMENT REQUEST FOR COUNCIL ACTION MEETING DATE: 10/2/00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. OPEN COMMENT PERIOD CITY ADMINISTRATOR A ITEM DESCRIPTION: OPEN COMMENT PERIOD PREPARED, BY: S.KVENVLD 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. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING 3 DATE: 10/2/00 AGENDA SECTION: ORIGINATING DEPT: ITEM Letters and Petitions City Clerk Gl ITEM DESCRIPTION: Petition for Sidewalk - Baihly Estates Drive S.W. Area PREPJudy ABY A petition was received from the residents of Fox Valley Drive S.W. requesting that the Council initiate a sidewalk project for continuation of the sidewalk between Baihly Estates Drive S.W. and 23'a Avenue S.W. They noted that currently adults and children are forced into the street while walking in the neighborhood or trying to access Younge Park. COUNCIL ACTION REQUESTED A motion to refer the petition for a sidewalk project for continuation of the sidewalk between Baihly Estates Drive S.W. and 23 d Avenue S.W. to the Public Works Department for a feasibility study. COUNCIL ACTION: Motlon by: second by: to: 0 September 19, 2000 Mr. Richard Freese City Public Works Department 201 4th Street SE Rochester, MN 55904 Dear Mr. Freese, We are writing to request that a continuation of the sidewalk between Baihly Estates Drive SW and 23`d Avenue SW be constructed for the benefit of all that reside in this area. We believe that this is necessary for safety reasons. It would allow children safe access to Younge Park. Many adults use this section as part of their route while walking in the Baihly neighborhood. The current situation forces adults and children alike into the street and puts them in danger of oncoming traffic. Your help in this matter would be greatly appreciated. We look forward to hearing from you soon. Sincerely, ✓/ -l� �ex� Becky Britton 1825 Fox Valley Drive SW Neighborhood Representatives of Fox Valley Drive SW W U M L•. � Z a. vk 4 Ln `_ i ' v c� �— c o U C7 CY John Nordman 1924 Fox Valley Drive SW REQUEST FOR COUNCIL ACTION MEETING DATE: 10/2/00 AGENDASECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY ADMINISTRATOR D-1-30 ITEM 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. Proposed Department Head Classification Audit D-3. Proposed Amendment to Disorderly Use Ordinance D-4. Amendment No. 1 to Joint Powers Agreement Between the City and MnSCU for Roadway Improvements D-5. Funding for Master Action Plan for Youth D-6. Amendment to Development Agreement with MF Holdings Related to W SI Expansion Project D-7. Fire Station #3/Yaggy Colby Architects/Luken Architecture D-8. Consideration of Public Utility Board Action D-9. Housing Code Amendments D-10. Licenses, Bonds & Miscellaneous Activities D-11. On -Sale Intoxicating & Sunday Liquor License for Bon Buffet D-12. Resident Permit Parking Stickers D-13. Appointment of Election Judges for the 11/7/00 General Election D-14. Approval of Accounts Payable D-15. Use of Mayo Clinic Facilities for Training Purposes for Rochester Fire Department D-16. Appointment/Firefighter/Fire Department D-17. Donation to City of Rochester Police Honor Guard D-18. Donation for ERU D-19. Contribution Agreement for 1239 2"d Street NW \D-20. Transportation Revolving Loan Fund Application D-21. Street Improvement Contribution Agreement with Mayo Clinic D-22. Revocable Permit for 3021 43 d Street NW D-23. Revocable Permit for 2425 52"d Street NW D-24. Owner Contract/Watermain to Serve Salem Meadows Ph III (Buildings 6-12 & 20-28) D-25. Stormwater Management Agreements D-26. Proposal for Engineering Services for Sanitary Sewer and Watermain Extensions D-27. Request to Advertise for Bids/Water Tower in Southeast Service Area D-28. Request to Advertise for Bids/Trunk Watermain in Southeast Service Area D-29. Consideration of Bids/Sanitary Sewer and Watermain to Serve 3010 Valleybigh Drive NW D-30. Supplemental Agreement #1 and #2 Trunkline Sanitary Sewer in Marion Township COUNCIL ACTION REOUESTED: Motion to approve consent agenda items. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 10/2/00 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: CITY ADMINISTRATOR ITEM NO. D ..-W-), ITEM DESCRIPTION: PROPOSED DEPARTMENT HEAD CLASSIFICATION AUDIT PREPARED BY: S.KVENVOLD The Committee of the Whole reviewed the attached proposal to conduct a department head classification audit and recommend to proceed as proposed. Councilmembers Evans and McConnell indicated their opposition to the proposed study. COUNCIL ACTION REQUESTED: Request a motion authorizing the proposed department head classification audit and appropriating $10,000 from thee((2000 Contingency Account to fund the expenses associated with the study. �AiAj M cL�"� /� No M %> M� COUNCIL ACTION: Motion by Second by: to: REQUEST FOR COUNCIL ACTION i MEETING DATE: 10/2/00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY ADMINISTRATOR _ ?J ITEM DESCRIPTION: PROPOSED AMENDMENT TO THE DISORDERLY USE PREPARED BY: ORDINANCE S. KVENVOLD A landlord recently requested that the City's disorderly use ordinance be amended to allow a disorderly use notice to be issued to rental units whose tenants cause problems outside of the rental unit itself, but within the common areas of the licensed premises (see attached). The City Attorney's Office has prepared a proposed ordinance amendment incorporating the requested changes. COUNCIL ACTION REQUESTED: Request a motion approving the ordinance amendment as proposed. COUNCIL ACTION: Moton by: Second by: to: r. Memo To: Mayor and City Council From: Stevan E. Kvenvold /Ar( Date: August 3, 2000 Subject: Disorderly Use Ordinance Lee Scherer owns a number of rental units at 537 Northern Hills Drive. Some tenants or guests of other rental units at this address have been causing a disturbance in the parking lot or common areas of the building and since the disturbance is caused outside of a rental unit, a disorderly use cannot be issued. Mr. Scherer is requesting that the disorderly use ordinance be amended in order that a disorderly use citation can be issued to the unit whose tenants cause problems in the area outside of these units (see attached). Through a copy of this memo, I will request the City Attorney's opinion on whether the City Council may legally issue a disorderly use citation under the circumstances as requested by Mr. Scherer. If it is legally permissible, I will schedule this request for additional Council consideration. c: Terry Adkins Gary Neumann Roger Peterson Susan Legare-Gulden N r To: Honorable Mayor Canfield and The Rochester City Council Although my residence is not in the city of Rochester all of my rental property is. My concern is with the lack of law to address a situation such as when altercations happen outside of a rental unit in a condominium complex. Currently a disorderly citation cannot be issued to a landlord when his tenant or its guest are causing a disturbance in the common area such as the parking lot. This is preventing the Three Strikes rule from being used and the landlord responsible for renting to the trouble makers is never punished for his irresponsible actions. The law should be amended so a disorderly house citation can be issued to those units who's tenants or guests cause problems even if they are outside the unit up to 300 feet. I would appreciate any action you could take on this issue. Thanks i ���eee Scherer � v?A cc: Darrel Hildebrant Crime Prevention Steven Kvenvold City administrator (9--1 r- OFFICE OF THE CITY ATTORNEY MEMORANDUM DATE: September 11, 2000 TO: Stevan Kvenvold — City Administrator FROM: David M. Goslee —Deputy City Attorney1� SUBJECT: Revisions to RCO Ch. 38 You previously asked me to consider amendments to RCO Ch. 38 that would allow disorderly acts in common areas to be attributed to the units of the persons engaging in the misconduct. Following are my proposed changes relative to your request. The changes provide that disorderly use notices may identify both common areas and particular units on one form. That part of the disorderly use notice identifying misconduct in common areas may impact the entire complex, while the reference to misconduct in a particular unit impacts only that unit. I have also cleaned up a couple of areas that needed changing. Please call with any questions. Enclosure cc: Ron Boose Susan LeGare-Gulden Darrel Hildebrandt adidisorderly use changes 13 0 38, HOUSING CODE: REGISTRATION OF RENTAL UNITS 38.11 Failure to Register. Every person required to register a dwelling, apartment, or rooming unit offered for rent under the provisions of this chapter and who fails to do so, or who allows the property to be occupied when the registration certificate or right to receive such registration certificate is revoked or suspended, shall be guilty of a violation of this code. Each day that a property is rented out without a valid rental registration certificate on file for that property is a separate violation. A violation of this section shall be a misdemeanor punishable by up to a $7-90 $1000 fine, 90 days in jail, or both. 38.152 Conduct on Licensed Premises. Subdivision 1. Any rental property owner shall be responsible to take appropriate action against persons occupying specific units in the licensed premises or premises who conduct themselves in such a manner as to cause the premises to be disorderly in violation of the statutes or ordinances listed in Subdivision 2. For #rposes of this Chapter, the term "persons occupying the premises" shall include tenants as fined by Minn. Stat. § 566.18, and those persons on the licensed premises whose presence e tenant has invited or to which the tenant has acquiesced. Violations of this section apply to individual units within buildings or complexes containing multiple units when the conduct occurs within a unit. Violations of this section by persons occupying specific units that occur within a common area of the licensed premises shall apply both to the individual unit and to the common area of the licensed premises. Subd. 2. The following ordinances and statutes are applicable to this section: a) Section 85.01 of the Rochester Code of Ordinances prohibiting prostitution; b) Section 85.02 of the Rochester Code of Ordinances prohibiting indecent conduct; c) Section 85.04 of the Rochester Code of Ordinances prohibiting participation in a disorderly house; d) Minnesota Statutes Sections 617.23 through 617.299 prohibiting obscenity; • e) Section 85.10 of the Rochester Code of Ordinances prohibiting loud parties or gatherings or other unnecessary loud noises; f) Section 34.20-34.27 of the Rochester Code of Ordinances prohibiting overcrowding; g) Minnesota Statutes Sections 609.75 through 609.76 which prohibit gambling; h) Minnesota Statutes Sections 152.01 through 152.025 and Section 152.027, Subdivisions 1 and 2, which prohibit the unlawful sale or possession of controlled substances; i) Minnesota Statutes Chapter 340A which prohibits the unlawful sale, use or possession of alcoholic beverages; j) Minnesota Statutes Section 97B.021, 978.045, 609.66 through 609.67 and 624.712 through 624.716, which prohibit the unlawful possession, transportation, sale, or use of a weapon; k) Minnesota Statutes Section 609.72 which prohibits disorderly conduct; or, 1) Minnesota Statutes Sections 609.221, 609.222, 609.223, 609.2231, and 609.223 which prohibit assaults, except that domestic assaults, as the same are defined by state law, are not included herein. Subd. 3. The police or housing inspector shall be charged with the responsibility of enforcing Subdivision 2. Subd. 4. Upon determination by the police or housing inspector that the licensed premises were involved in a disorderly use, the police shall notify the license holder by regular mail of such violation and direct the license holder to take appropriate action to prevent further violations. Notice shall be effective if mailed to the license holder at that person's last known address. This and subsequent notices are collectively referred to as disorderly use notices. Subd. 5. If another instance of disorderly use on the premises occurs within twelve (12) months of an incident for which a prior disorderly use notice was given, the license holder shall be notified of the instance of disorderly use and shall also be required to submit a written report of appropriate actions taken by the rental property owner to prevent further disorderly use of the premises. This written report shall be submitted to the police within five (5) days of the notice of disorderly use of the premises and shall, in addition to the report of appropriate actions to be taken, detail all actions taken by the rental property owner in response to all notices of disorderly use of the premises within the preceding twelve (12) months. Failure to submit the written report as required herein shall be a basis for the imposition of sanctions a fie and the revocation or suspension of the license or right to receive the license for the specific unit or units located on the licensed premises as otherwise provided for in this chapter. Subd. 6a. If another instance of disorderly use of the premises occurs within twelve (12) rionths of two or more prior disorderly use notices, sanctions may be imposed and the license or right to obtain such license may be revoked or suspended for a specific unit or units located on the licensed premises. If the notice of violation has been issued with respect to a common area of a building or complex of buildings, then the license or right to obtain such license as to all units in such building or complex may be suspended or revoked. Subd. 6b. If another instance of disorderly use of the premises occurs within twelve (12) months of the expiration of a prior suspension issued pursuant to the provisions of this chapter, sanctions may be imposed and the license or right to obtain such license may be revoked or suspended for the specific unit or units located on the licensed premises. If the notice of violation has been issued with respect to a common area of a building or complex of buildings then the license or right to obtain such license as to all units in such building or complex may be suspended or revoked. Subd. 7. No suspension or revocation or other sanctions shall be imposed where one or more of the three required disorderly use notices were mailed or delivered to the landlord after the rental property owner has filed an unlawful detainer action with the district court for the particular unit or units identified in the disorderly use notice. Calls to police made by rental property owners shall not be considered incidents of disorderly use in the implementation of Section 38.152, subdivisions 4, 5, 6a, and 6b. The initiation of an unlawful detainer action shall qt be a bar to sanctions, however, unless the action is diligently pursued by the rental property ner. Notice of and a A copy and natise of the unlawful detainer action shall be delivered to the police department. A determination that the licensed premises have been involved in a disorderly use as described in Subdivision 2 shall be made upon a preponderance of the evidence. It shall not be necessary that criminal charges be brought to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action or the imposition of sanctions under this section Subd. 8. This section applies to all leases, whether written or oral, and a landlord may consider any tenant's conduct listed in 38.152(2) to be both a material breach of the lease and grounds for termination in any unlawful detainer action. Additionally, all written leases executed after August 31, 1995 shall contain a clause providing that conduct that violates which wsiild be vietative-of-Subdivision 2 sha# constitutes both a material breach of the lease and grounds for termination of such lease. Subd. 9. This ordinance is not intended to supersede criminal sanctions that may be applied to the individual who violates the statutes and ordinances listed in Subdivision 2. 38.153 License Suspension and Revocation. Subdivision 1. Upon a determination that a license or right to obtain such a license may be suspended or revoked, or that a fine or other sanctions may be imposed, a public hearing shall be held before a body to be known as the �ental Housing Complaint Board. The Rental Housing Complaint Board shall consist of the ommon Council member from the ward in which the licensed premises is located, the Common Council President, and the Mayor. All parties shall be afforded an opportunity to appear at such hearing after receiving reasonable notice. The notice shall state the time, place, and issues involved. At this hearing, rental property owners may present evidence of mitigating circumstances showing the absence of any need for a public hearing before the Council to consider the revocation or suspension of the license or right to receive such a license, or the imposition of fines or other sanctions. The Board shall in good faith hear and consider this evidence in making a determination to hold a public hearing. At the conclusion of the hearing, the Board shall make a recommendation to the Common Council regarding whether a need exists for a public hearing. The Board's recommendation must be submitted to the Common Council for its consideration. If the Council determines to call for a public hearing to consider the issue of suspension or revocation, or the imposition of a fine, the Council shall follow the procedures described in subdivision 2. Subd. 2. No suspension or revocation shall be effective until the rental property owner has been afforded an opportunity for a hearing under sections 14.57 to 14.70 of the Minnesota Administrative Procedure Act. Should the Common Council hold a public hearing pursuant to the recommendation of the Rental Housing Complaint Board, all parties shall be afforded an opportunity to appear at such hearing after receiving reasonable notice. The notice shall state the time, place, and issues involved. At this hearing, license holders may present evidence of mitigating circumstances which would allow a rental property to retain his or her license or the right to obtain such a license. The Common Council shall in good faith hear and consider this evidence in making a determination to revoke or suspend the license or right to receive a license, impose civil penalties, or impose other reasonable conditions based upon violations of this chapter. The Common Council may postpone or discontinue such proceedings if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use. Subd. 3. The Common Council reserves the right to impose any of the following sanctions for violations of Subdivision 38.152(2): a) suspend the license or right to receive a license for up to 60 days; or b) revoke the license or right to receive a license and establish the time period after which an application for a new certificate for the premises may be made; or c) impose a civil fine not to exceed an amount equal to one months' rent for each violation found as a result of the hearings; or d) impose other reasonable conditions intended to limit future incidents of disorderly use. Subd. 4. Upon expiration of the suspension or revocation period, a license holder shall pay to the City a reinstatement fee equal to one hundred dollars ($100) for the first each unit re - licensed and twenty dollars ($20) for each additional unit. I'J 38.154 Perspective Tenant Background Investigations, Subdivision 1. The Rochester Common Council has determined that there are persons residing in rental property in Rochester engaging in disorderly conduct which results in a hostile environment for other Rochester citizens living in or close to the rental property. It is the declared purpose and intent of this section to protect and preserve this city's neighborhoods and the public health, safety, welfare and morals of its citizens by providing a system at the local level for criminal history/background investigations prospective tenants. Subd. 2. Any owner of rental property may request that the Rochester Police Department conduct a criminal history/background investigation of a prospective tenant as provided under section 21.05, subd. 1. Such request shall be on a form approved or provided by the Rochester Police Department. The applicant shall pay an investigation fee as established by resolution of the Common council. (1406, 7/17/67; 1476, 12/16168; 1739, 12/13/73; 1750, 2119174; 1816, 8/18/75; 2238, 3116/82); 2315, 7/19/83; 2318, 8/1/83; 2318A, 8/9/83; 2765; 9/17/91; 2809, 4/20/92; 2812, 5/4/92; 2997, 8/8/95; 3000, 8/22/95; 3079, 3/4/97; 3174, 5/19/98; 3196, 1016/98; 3298, 12/6/99; 3350, 8/22/00) REQUEST FOR COUNCIL ACTION MEETING / DATE: 10/2/00� AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT CITY ADMINISTRATOR D _ t f ITEM DESCRIPTION: AMENDMENT NO. 1 TO JOINT POWERS AGREEMENT PREPARED BY: BETWEEN THE CITY AND MNSCU FOR ROADWAY IMPROVEMENTS G. NEUMANN In May of 1999 the City and MNSCU, on behalf of the Rochester Community and Technical College, entered into a Joint Powers Agreement for the design and construction of the new 23`d Avenue and other roadways. MNSCU staff recently contacted this office to advise us that Clause B (1), which places a maximum on MnSCU's contribution towards the roadways, will need to be amended. MNSCU is currently estimating that their costs will be in the range of $1,250,000, while this clause specifies a maximum of $1,000,000. The City staff recommends approval of Amendment No. 1 to the Joint Powers Agreement to specify a maximum contribution of $1,500,000. COUNCIL ACTION REQUESTED: Approval of Amendment No. 1 to the Joint Powers Agreement with MNSCU. COUNCIL ACTION: motion by: second by: to: The City has retained Bonestroo, Rosene, Anderlik and Associates, Engineers and Architects (BR -A) to design and provide the construction document drafting for new 23rd Avenue as well as the coordinated design and construction document drafting for the circulator roads (Project J9554) and Mayo Run Corridor Improvements (ProjectJ4890). 2. Construction services for the circulator roads through competitive bidding in conjunction with the construction of new 23rd Avenue. The circulator roads and 23rd Avenue will be built as a single project by the same contractor and will be contracted for under the same City construction contract. 3. Coordinated construction oversight and supervision services for the circulator roads will be provided by BRAA in conjunction with the City's work on new 23rd Avenue. B. MnSCU/RCTC will provide to City: 1. MnSCU/RCTC will pay City, as to the circulator roads, and subject to a maximum of One Million Dollars (51,000,000), unless otherwise amended, for the following: a. Preliminary design of all segments of the circulator roads, all as reflected in the Preliminary Design Report; b. Detail design of those segments of the circulator roads listed in the letter of MnSCU Associate Vice Chancellor for Facilities Allan Johnson to Michael Lynch of BRAA dated December 11, 1998, (Exhibit B) (hereinafter "Johnson letter"); C. Construction drawing services for those segments of the circulator roads listed in the Johnson letter; d. Competitive bidding services for the construction of those segments of the circulator roads listed in the Johnson letter, in conjunction and coordination with the City's construction of new 23rd Avenue and permissably as part of the same contract as new 23rd Avenue. e. Construction services to build those segments of the circulator roads listed in the Johnson letter in conjunction and coordination with the construction of new 23rd Avenue; and f. Construction oversight, review and inspection of the those segments of the circulator roads listed in the Johnson letter. 2. Consultation on a continuing basis during design and construction of the circulator roads with MnSCU/RCTC's master planning architect. REQUEST FOR COUNCIL ACTION MEETING DATE: 10/2/00 PYENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT CITY ADMINISTRATOR REVISED D-4 ITEM DESCRIPTION: AMENDMENT NO. 1 TO JOINT POWERS AGREEMENT PREPARED BY: BETWEEN THE CITY AND MNSCU FOR ROADWAY IMPROVEMENTS G. NEUMANN In May of 1999, the City and MnSCU, on behalf of the Rochester Community and Technical College, entered into a Joint Powers Agreement for the design and construction of the new 23 d Avenue and other roadways. MnSCU staff recently contacted this office to advise us that Clause B (1), which places a maximum on MnSCU's contribution towards the roadways, will need to be amended. MnSCU is currently estimating that their costs will be in the range of $1,250,000, while this clause specifies a maximum of $1,000,000. The City staff recommends approval of Amendment No. 1 to the Joint Powers Agreement to specify a maximum contribution of $1,300,000. COUNCIL ACTION REQUESTED: Approval of Amendment No. 1 to the Joint Powers Agreement with MnSCU. COUNCIL ACTION: motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING / DATE: 10/2/00� 1 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY ADMINISTRATOR ITEM NO. D 45 ITEM DESCRIPTION: FUNDING FOR MASTER ACTION PLAN FOR YOUTH PREPARED BY: G. NEUMANN A request has been received for $5,000 in contingency funding to assist in hiring a %Z-time coordinator for the Master Action Plan for Youth. An organizing committee is attempting to raise $30,000 from community agencies, groups and governmental organizations to fund the cost of the coordinator. The City Administrator has recommended that the $5,000 be provided. $CUSS u ( �" �J/��" C u. cJ COUNCIL ACTION REQUESTED: Approval of $5,000 in funding for the Master Action Plan for Youth from the Contingency Account. COUNCIL ACTION: Modon by: second by: to: REQUEST FOR COUNCIL ACTION 3' MEETING DATE: 10/2/0 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda CITY ADMINISTRATOR b- l0 ITEM DESCRIPTION: Amendment to Development Agreement with MF Holdings related to PREPARED BY: WSI expansion project T.SPAETH On August 7, 2000 the City Council held a public hearing related to a business subsidy for the WSI expansion project, wherein the Company is proposing to construct a 70,000 manufacturing facility in Rochester Technology Park under a lease agreement with MF Holdings (Weis Builders). A Development Agreement with MF Holdings was approved at that time. Since that time, MF Holdings had raised a concern about their inability to assign the Development Agreement to another party if so desired. Staffs concern related to this matter is to make sure that any assigned party have the ability to follow through with the obligations contained in the Development Agreement and Business Subsidy Agreement. An amendment to the Agreement that satisfies the Developer's and Staffs concerns has been proposed. The amendent would permit MF Holdings to assign the Agreement only with the written consent of the City, which the City will not unreasonably withhold. hi turn, the City in reasonable judgement may require documentation to ensure its satisfaction that the assignee has the ability to follow through with the obligations of the Agreement. Council Action Requested: Adopt resolution approving amended Development Agreement with MF Holdings for the WSI expansion project COUNCIL ACTION: Motion by: second by: to: rYl 6. Assignment of Agreement. MF Holdings may assign this Agreement only with the prior written consent of the City, which the City will not unreasonably withhold. However, it is recognized that this Agreement (e.g., paragraph 4 hereof) contains on -going obligations (and possible repayment obligations) as well as a reversionary interest of the City in the Property. In addition, there is a Business Subsidy Agreement between the City and MF Holdings related to this same WSI Project. Accordingly, the City may in its reasonable judgment, as a requirement to approval of any such assignment, be satisfied that the assignee ofNIF Holdings have the experience and necessary financial ability to discharge whatever obligations may remain to be satisfied under this Agreement (or the Business Subsidy Agreement), that the assignee assume such obligations in writing with the City, if requested by the City, and that, if deemed necessary by the City, MF Holdings also assign to that assignee, and that assignee expressly assume, the obligations of MF Holdings under the Business Subsidy Agreement. The intent of the foregoing limitations on assignment are intended only to provide reasonable assurance to the City that any remaining obligations of VIF Holdings under this Agreement and the Business Subsidy Agreement would be fulfilled and that, if applicable, such assignee shall have expressly assumed those remaining obligations for the benefit of the City. , 7. Miscellaneous. This Agreement shall be governed by the laws of the State of Ninnesota and may be executed in any number of counterparts, each of which shall constitute an original hereof and all of which shall constitute one in the same instrument. h,IF HOLDINGS, A Minnesota General CITY OF ROCHESTER, N NNESOTA Partnership M J.B. Weis. General Partner By Erik J. Weis, General Partner STATE OF AIINNESOTA ) ss. COUNTY OF OLMSTED ) By Charles J. Canfield, Its Mayor By Judy Kay Scherr, Its City Clerk (SEAL) The foregoing instrument was acknowledged before me this day of , 2000, by J.B. Weis and Erik J. Weis, the general partners of MF Holdings, a Minnesota general partnership, on behalf of said partnership. Notary Public 1191561.3 Consent Agenda REQUEST FOR COUNCIL ACTION DEPT: Administration MEETING DATE: 10/2/00 :M NO. lb' ITEM DESCRIPTION: Fire Station #3 - Yaggy Colby Architects/Luken Architecture PREPARED BY: Doug Knott Z)�— At the September 11, 2000 Committee of the Whole meeting, staff reviewed the architect selection process for a new fire station with the Council. The staff recommendation was to hire the Yaggy Colby firm in association with Luken Architecture for the project. Working with staff, Yaggy will develop a prototype design for neighborhood stations. They will also develop a preliminary construction cost estimate. Once the prototype has been reviewed and approved by the Council, Yaggy will proceed with detailed plans and specifications for a replacement for Station #3. The tentative location for the new station is the southwest corner of the Grand Reserve at Cascade Lake development. A final decision on station location will be needed from the Council by late fall or early winter. Yaggy's fee is $117,000 plus an estimated $3,000 in reimbursable expenses. The proposed contract has been reviewed by the City Attorney's office. Council Action Requested Approval to enter into a contract with Yaggy Colby Associates in the amount of $117,000 plus reimbursable expenses for the design work outlined in the Rochester Fire Station Request for Proposals. Authorization for the Mayor and Clerk to sign necessary documents. COUNCIL ACTION: motion by: second by i Meeting REQUEST FOR COUNCIL ACTION Date 10/2/00 iENDA SECTION CONSENT ORIGINATING DEPT: �cCh• �ub(rL (�+r �r l ITEM NO. D`6 ITEM DESCRIPTION: PREPARED BY: Consideration of Public Utility Board Action Kathy Wilson The Rochester Public Utility Board has approved the following on September 26, 2000 and requests the Common Council's favorable consideration: to approve a resolution to approve a purchase order agreement with Border States Electrical Supply/Cooper Power Systems for two 2,500 kVA distribution transformers. The amount of the purchase order agreement to be $43,920.00 and Border States Electrical Supply/Cooper Power Systems being lowest evaluated supplier. - to approve a resolution to approve an amendment to purchase order agreement #4500002284, dated 10-30-99, with Burmeister/Howard Industries for single phase padmount distribution transformers. The amount of the purchase order amendment to be $188,592.00. to approve a resolution to approve an amendment to purchase order agreement #4500002283, dated 10-30-99, with RESCO/Pauwels for three phase padmount distribution transformers. The amount of the purchase order amendment to be $237,654.00. to approve a resolution designating October 1 — 7, 2000 as Public Power Week in order to honor Rochester Public Utilities for its contributions to the community and to make its consumer -owners, policy makers, and employees more aware of Rochester Public Utilities' overall contributions to their well-being. GENERAL MANAGER: �u G"°* l t / I OUNCIL ACTION: Motion by: Second by: to: Agenda Item # 3 SUBJECT: PREPARED BY: ITEM DESCRIPTION: FOR BOARD ACTION Meeting Date CONSIDERATION OF BIDS DISTRIBUTION TRANSFORMERS Steven Cook Senior Electrical Engineer 9/26/00 On September 19, 2000, four responsible quotes were received to supply two 2500kVA distribution transformers with a secondary voltage of 277/480 volts. These two transformers are being purchased separately since they are needed as soon as possible in order to provide permanent service to the new Celestica facility currently under construction. The evaluation of quotes utilized the present value of the expected life cycle losses in order to arrive at the lowest evaluated costs. All transformers with evaluated costs within five percent of the lowest evaluated cost were then considered and the one with the lowest initial purchase price was selected as the recommended bidder. UTILITY BOARD ACTION REQUESTED: It is recommended that the Utility Board request Common Council approval of a purchase order agreement with Border States Electrical Supply/Cooper Power Systems for $43,920.00. R£�l'2lvcc� Q-ZZ-oo WY\ir, Geofal Manager Date FOR BOARD ACTION Agendaltem# 4 Meeting Date: 9/26/00 SUBJECT: PREPARED BY: ITEM DESCRIPTION: AMENDMENT TO PURCHASE ORDER FOR DISTRIBUTION TRANSFORMERS Steven Cook Senior Electrical Engineer On October 18, 1999, ten responsible bids were received to supply some or all three lots of distribution transformers, which contained 20 different types of distribution transformers. Contracts were awarded to the lowest evaluated bidder for each lot. The original bid documents have a provision allowing RPU to order additional units at a firm price through the end of 2000. Due to the high level of construction activity this year and expected in 2001, staff wishes to place a transformer order as quickly as possible to assure transformers are available as required by individual customer construction schedules. By ordering these transformers at the prices specified in the original purchase order, RPU gets better pricing by avoiding the escalation of copper pricing and inflationary pressures. The original purchase orders approved in the October 1999 Board meeting were: Item Bidder Bid 1-Phase Padmounts Burmeister/Howard Industries $84,659 3-Phase Padmounts RESCO/Pauwels $228,232 Staff is proposing to add the following items to the existing purchase orders: 1. Burmeister/Howard Industries for the following purchases: DESCRIPTION OTY UNIT PRICE SUB -TOTAL PM, I - phase, 15KVA, 120/240 22 $783.00 $17,226.00 PM, I - phase, 25KVA, 120/240 60 $971.00 $55,020.00 PM, I - phase, 37.5KVA, 120/240 60 $1,050.00 $63 000.00 PM, I - phase, 50KVA, 120/240 30 $1,185.00 $35,550.00 PM, I - phase, 75KVA, 1201240 12 $1,483.00 $17 796.00 VENDOR TOTAL $188,592.00 Fvat-eweA a-zz- op wvV� _f Gen al Manager Date Agenda Item i" - 5 SUBJECT: PREPARED BY: ITEM DESCRIPTION: FOR BOARD ACTION Meeting Date: PUBLIC POWER WEEK RESOLUTION Larry Koshire, General Manager 9/26/00 The American Public Power Association (APPA) has designated October 1 - 7, 2000 as Public Power Week. This is the fourteenth Public Power Week declared by APPA since 1987. The benefits a public power system brings to its community are as important today as they were a decade ago. APPA has noted that in 1987, private power companies were pushing to sell the federal power marketing administrations, and attacking public power's access to federal hydropower. They had a campaign against public power's tax-exempt financing, and were spreading misinformation about public power. APPA created Public Power Week to help its members communicate the goals of public power and build political support both locally and nationally. Today, with state and federal restructuring initiatives, many of the same issues and goals of Public Power Week are more important than ever. RPU is planning to thank and recognize its employees for supporting the utility. The public will be invited to an open house at the Service Center on Friday, October 6"' from 8:00 a.m. to 1:00 p.m. There will be informational displays in the parking area, Community Room and lobby. The theme for this year's recognition is "Public Power: An American Tradition That Works. " UTILITY BOARD ACTION REQUESTED: The Board is requested to approve the attached resolution and request that the Mayor and Common Council designate October 1 — 7, 2000 as Public Power Week. I Geneya Manager Da ROCHESTER REQUEST FOR COUNCIL ACTION MEETING 3 r DATE: 10/2/00 AGENDASECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA BUILDING SAFETY 6,9 ITEM DESCRIPTION: HOUSING CODE AMENDNNIENTS PREPARED BY: RON BOOSE This is a recommendation to amend the Housing Code, R.C.O. Section 35.21, to define the term `open area" as used in the code and to further identify and clarify items that are prohibited from being stored in open areas. Please refer to memo from Deputy City Attorney David Goslee. COUNCIL ACTION REQUESTED: Amend chapter 35 of the Rochester Code of Ordinances entitled Housing Code: Dwellings and Apartments, to include a definition of `open area" and further enumerate items that must be removed from open areas. COUNCIL ACTION: Motion by: second by: to: 5X OFFICE OF THE CITY ATTORNEY MEMORANDUM DATE: August 24, 2000 TO: Ron Boose — Director of Building Safety FROM: David M. Goslee — Deputy City Attorney SUBJECT: RCO Section 35.21 Redraft During our meeting yesterday I agreed to provide you with information on items that I am currently working on with your staff. One of those items is an amendment to RCO Section 35.21 that would appropriately define 'open area" as that term is used therein. The intent is to avoid claims that fenced yards and open but covered porches are not open areas. I have prepared the following draft after considering comments from Susan on your staff. 35.21. Open Areas. Subdivision 1. Open Area defined. Open area means that part of a residential lot or property that is not covered by an enclosed building or structure, regardless of whether the view from outside the property is shielded by a fence, vegetation or other structure. The term open area includes, but is not limited to, the yard, open porches, and areas under structures that are not entirely enclosed, such as a carport. Subdivision 2. All open areas and parts of premises shall be maintained and kept in a reasonably clean and neat condition. This requirement shall include the removal of dead trees and brush;, the removal of inoperable machines, appliances, fixtures and equipment se the removal of lumber piles and building materials not being used in actual construction on the premises unless such premises are being used by a business dealing in or requiring the use of such lumber and materials, and the storage of these materials for business use is allowed or permitted by ordinance; aad the removal of tin cans, broken glass, broken furniture, mattresses, box springs, boxes, crates, cardboard, tires, and other garbage and debris; and the removal of furniture and other items of the type not designed or intended to be stored outside or in such a manner that they are exposed to weather and climatic conditions. If you desire to proceed with this amendment it will be necessary for your department to prepare a Request for Council Approval (RCA) for submission at an upcoming council meeting. Please call with any questions. cc: Susan LeGare-Gulden REQUEST FOR COUNCIL ACTION MEETING 33 DATE: 10/2/00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY CLERK 1640 ITEM DESCRIPTION: LICENSES, BONDS & MISCELLANEOUS ACTIVITIES PREPARED BY: DONNA ISCHOTT The following licenses, bonds and miscellaneous activities are submitted for the Council's approvals or disapprovals. All are pending departmental approvals, the required insurance, bonds, fees and all outstanding debts with the City of Rochester. GAMBLING — TEMPORARY March of Dimes 609 151 Ave. SW Rochester, Mn. 55902 Raffle 11/16/00 AT Rochester Golf & Country Club 3100 W Country Club Rd. Rochester, Mn. 55903 MASTER INSTALLER Mark Vacura 1008 3rd St NW Dodge Center Mn 55927 SIDEWALK — CEMENT H & W construction Services, Inc. 5662 Jenni Ln White Bear, Mn 55110 SIGN INSTALLATION Corey Fromm DBA Fromm's Signs 3560 120" Ave NW Coon Rapids, Mn. 55433 COUNCIL ACTION REQUESTED A motion to approve or disapprove the above licenses. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING 3; DATE: 10/2/00 A SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY CLERK b _ r 11 tm DESCRIPTION: ON SALE INTOXICATING & SUNDAY LIQUOR LICENSE PREPARED BY: FOR BON BUFFET I DONNA J SCHOTT Application for an Intoxicating liquor and Sunday License has been received from Xiao Guo DBA Bon Buffet. The location of the restaurant will be at 1652 Hwy. 52 North, Hillcrest shopping Center Issuance of the license is pending all departmental approvals, insurance certificates and all required fees. Mr. Guo also holds a wine and 3.2 Beer License for China Garden at 1645 N. Bdwy., therefore the Investigative report will be waived. COUNCIL ACTION REQUESTED A motion to approve the application for Bon Buffet at 1645 Hwy. 52 North, Hillcrest Shopping Center. COUNCIL ACTION: Motion by: second REQUEST FOR COUNCIL ACTION MEETING 3q / DATE: 10/2/00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. , Consent Agenda City Clerk C> i ITEM DESCRIPTION: Resident Permit Parking Stickers Judy Scherr Recently the ordinance was amended to allow for residential permit parking stickers to be placed on the inside of the rear window where they could be easily viewed and unattainable to weather and theft. After residents applied the stickers it was discovered that nothing could be read through those windows with smoked glass. The new identification will be tags, in a vivid color, that will be secured on the bottom left of the rear license plate of the vehicle. These will be visible to be read by the paroling officers. The ordinance will need to be amended to allow that changes can be made by resolution in the future rather than amending the ordinance each time something occurs. It is requested that the ordinance receive a first and second reading to allow the tags to be affixed as soon as they are available. Language of the ordinance should read: "The permit issued shall be permanently affixed to a vehicle as provided for by resolution of the City Council." COUNCIL ACTION REQUESTED 1. Approve amending the ordinance for placement of Residential Permit Parking tags by resolution. 2. Give the ordinance a first and second reading. 3. Adopt a resolution requiring placement of Residential Permit Parking tags to be affixed to the rear vehicle license plate in the lower left side. COUNCIL ACTION: Motion by: second to: REQUEST FOR COUNCIL ACTION MEETING DATE: 10/2/00 AGENDASECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda City Clerk D _' 2 ITEM DESCRIPTION: Appointment of Election Judges for the November 7, 2000, General PREPARED BY: Election Judy Scherr The attached list reflects the roster of election judges for the November 7, 2000, Federal/State General Election. The Council is requested to approve the listing. COUNCIL ACTION REQUESTED A motion to approve the roster of election judges for the November 7, 2000, Federal/State General Election. COUNCIL ACTION: Motion by: Second by: to: 40 ELECTION JUDGES November 7, 2000 1-1 Ben Franklin Scho Penelope Ryno, Head Judge A 804 13th Avenue NE 288.1357 Linda jerdon, Co-Fkad Judge () 1634 8-1/2 Avenue SE 289-2915 Judith Thronson (D) 1638 8th Avenue SE 282-8420 Sue Naessens (D) 5804 26th Avenue NW 288-7605 Ruth Nevling (R) 223 9th Avenue SE 289-7415 Gloria Pankow () 2439 18-1/2 Avenue NW 282-3797 Beola Beistad (R) 2034 Pinewood Road SE 285-9056 1-2 Resurrection Catholic Phyllis Kirchner, Head judge (D) 2524 25th Avenue SE 289-2009 Jeff Gustafson, Co - Head Judge A 2404 5th Avenue SE 289-1713 Ewald Koepsel (I) 1750 Lakeview Drive SW 288-8644 Lillian Krahn (R) 1628 loth Ave SE 281-4498 John Hulsizer (R) 1404 8 112 Avenue SE 288-3475 John Grabko 9 959 16.1/4 Street SE 285-0754 Vera Ogren A 1415 10th Avenue SE 289-5811 1-3 Hawthome School BettyShimek, Head Judge (D) 1815 15th Street NW 288-4532 Marsha Degnan, Co -Head judge (1) 1509 8 1/2 Avenue SE 289-1225 Selma Koepsell (I) 1750 Lakeview Drive SW 288-8644 Mildred Moe () 411 Sunnydale Ln SE 282-8332 Elizabeth Witzeman (R) 1608 9th Avenue SE 289-5774 Lawrence Mason Q 481616th Ave NW Apt 115(Rochester) 536-2885 Donald Beck (IZ) 2615 25th Ave SE 282-1420 1-4 Golden Hill School Verna Knutson, Head Judge (D) 625 Zumbro Drive NW 282-4906 Peggy Cunderla, Co -Head Judge (R) 1243 6th Avenue SE 289-7924 Verdetta Maass (D) 1636 6th Avenue SW 282-0643 Gerald Posthumus A 2518 Mayfair Street SE 282-0286 Lee Bredeson (R) 1777 25th Avenue NW 285-0628 Marilyn Zygmunt (R) 3747 Wright Road SW 280-0176 Catherine Friese R 917 2nd St SW 280-8226 1-5 Rochester International Airoort David Wemecke, Head Judge A 2715 9th Avenue Lane NE 282-6564 Glenn Amundsen (i) 813 6th Street SE 282-7869 Warren (Bud) Folkert (D) 936 14th Avenue NE 282-8541 Mary Muller O 910 29th Street NW 289-3447 Page 1 Page 2 4 1-6 RochesterIntemational Airport Sat as above for 1.5 Rochester International Airport .T_16 M Amy Caucutt, Head judge (D) 716 28th Street NW 289-1327 Phyllis Brackenbury, Co -Head judge A 511 8th Street SW 289-2031 Darlene Wentworth (R) 614 19th Street NW 282-4044 Charles Tarpenning 9 1414 3rd Avenue SW 289-2829 Ann Sudman (D) 3840 IOth Ave SW 529-9437 David Dyson (R) 1012 Hickory Lane SW 292-0117 Helen Richardson 9 1652 2nd Avenue SE 288-3317 2-2 Folwell School Gordon Hoffmann, Head judge (D) 2850 Oakview Ct SE 288-6834 Gayle Hubbard, Go -Head judge (I) 4247 1st Street NW 282-3635 Eleanor Moore (D) 1400 14th Avenue NE 282-2465 Mark Stadtherr (I) 242123rd Avenue NW 281-3899 Suzanne Idso A 8401 Maple Valley Rd SW 289-2248 Rt rlson O 1408 14th Avenue NE 282-5126 G :iewatt () 2005 E Hwy 14, Lot 16 288-0013 2-3 B SherryNoser, Head judge A 408 18.1/2 Avenue SW 287-0780 Linda Kuehn, Co-I-Iead judge (R) 4102 14th Avenue NW 288-1674 Jason Borgscharz A 1256 17th Avenue NW # 4 292-0356 Joyce Markham () 961 Paxton Road SW 281-9734 RitaSahnon () 1926 Waterford Place SW 288-0084 Ella VanLanmgham () 1832 Lakeview Ct SW # 202 289-2668 Rodney Beistad (I) 2034 Pinewood Rd SE 285-9056 2-4 Harriet Bishop School Ada Spears, Head judge (19 3557 6th Street NW 282-0263 Carrie Olson, Co -Head judge (D) 3803 3rd Street NW 282-9908 Carmen Atkinson (D) 3803 3rd Place NW 289-8638 Dewaine SMmr (D) 1435 14th Avenue NE 288-8596 Lawrence Wehrs () 715 loth Avenue SW 282-1945 Jeff Wile 1852 17-1/2 St NW 280-6867 Doris P Summer (D) 2429 12th Ave NW 289-8026 0 Page 3 i 2-5 Harriet Bishop School Same list as above for 2-4 2-6 Bamber ValleySchool Same list as above for 2-3 3-1 Resurrection Evang. Luth. Church Mildred Scheer, Head Judge (IZ) 816 12th Street NW no phone Mabel Walbruch, Co -Head judge (D) 34 14th Avenue NE 282-1359 JoAnn Dubbels (D) 5831 51st Street NE 282-2991 Linda Hanson (R) 5408 Nicklaus Drive NW 282-4326 Roberta (Bobbie) Bailey () 822 26th Street NE 252-8575 Agnes Splittstoesser (R) 419 3rd Street NE (Stewartville) 533.8870 Harold Osborn (R) 303015e' Avenue NW 288.4141 3-2 St Luke's Episcopal Church Barb Mertz, Head judge (D) 1975 Waterford Place SW 289-3022 Donald Harrison Dewalt, Co -Head Judge (I) 1334 38th St NW 288-8246 Ann Gail (R) 1313 2nd Street NE 288-6076 Marion Heram (R) 3712 15th Avenue NW 288-7382 Arlene Johnson () 2100 Valkyrie Drive NW N 402 289-4328 Rebecca A Pierce (D) 825 Essex Parkway NW N 117 289-6802 Peder Dressel () 1509 Damon Q SE 282-4518 3.3 Sunset Terrace School Barb Feind, Head judge R 1806 18-1/2 Street NW 288-1551 Bonnie Dunlap () 2620 59th Street NW 281-0726 Dorothy Olson (D) 1911Viking DrNW N17 289.0894 Ken Reding (R) 1403 29th Street NW 289.6860 Emily Anderson () 2406 21st St NW 282.3452 Lucille Wehrs () 715 20th Avenue SW 282.1945 John Coggin () 1540 8th Avenue SE 289.4966 3-4 Rochester Covenant Church Bob Degnan, Head Judge (R) 1509 8-1/2 Avenue SE 289-1225 James Kocer, Co -Head judge (I) 4444 Meadow Lakes Dr NW 282-2673 Faith Lyon (D) 2105 Valley High Dr NW 289-1762 James Ronning N 4001 196 Avenue NW A 102 288-4023 Frank Lebeck (R) 718 2nd Avenue NW 282-1066 Katherine Strebbing () 9723 50th Ave NW, Oronoco, 55960 367-4720 Max Majorowicz O 2725 Riverside Ln NE 282-0841 l ' age 4 3-5 Rochester_ Covenant Chu Dc kowski, Head judge (R) 4110 Villa Road NW 282-4689 Ali ck, Co -Head judge (R) 4937 31ST Ave NW 288-8956 Bladwin (Bobbie) Lebeck (R) 718 2nd Avenue NW 282-1066 Virginia Swanson O 570 36th Street SW 292-9501 4-1 United WayBuildine Bob Daly, Head judge (R) 1517 Damon Ct SE 289-5158 Lucille Schemmel, CD -Head judge A 912 loth Street NW 289-4220 Edward Johnson (D) 5488 St. Marys Drive NW 285-1912 Josephine Kvittem (D) 512 4th Street SW, # 104 289-6369 Lorraine Deedrick 215 8-1/2 Ave NW 282-9001 Beth Hokngren Q 1701 loth St SE 529-8714 Anna Fahrman () 2926 110 Sma SE, Stewartville 533.9361 4-2 Maw Civic Auditorium Gerald Dubin, Head judge (D) 1557 8th Avenue SE 289-0913 RDlland Hanson, Co-head judge (D) 1620B 10th Avenue SE 289-3006 Elaine DePuy (D) 2035A Carnage Rd SW 289-8311 Marilyn Mddleton (D) 1911 Viking Dr NW # 28 252-9413 Ar bte (1) 22 North Broadway# 1603 281-1150 Lu Christianson A 50613d<Street NE 289-1767 Richard L McMaster (R) 1310 21st Ave NE 289-8786 4-3 Holmes School Bruce Snyder, Head judge () 4349 Cimarron Ct NW 252-8712 Delores Holland (D) 2205 2^d Street SW # 313 282-1314 AudreyFolkert X 936 14th Avenue NE 282-8541 Henry Pater (R) 20llVadngDrNW 289-7646 William Eaton () 11213rd Street SE 285-5774 Tern Penz (R) 2027 BaihlyHeights Dr SW 289-3551 Lois Quinn (D) 2223 Trolls Cc NW 288-6391 4-4 LondAgwSchool Ray Sibley, Head judge A 632 8th Street SW 289-8522 Bernard Tlougan, Co -Head judge (D) 915 16th Avenue NE 289-8383 Lois Christianson () 506 13th Street NE 289-1767 MymaKmening () 5531 Viola Road NE 282-2921 Mary Ann Ring (I) 3010 4th Avenue NW 289-3494 Gordon FPinzman O 920 22nd Street SE 280-8769 El chmich 2518 18th Avenue NW 282-4107 NCI 4-5 Long(ellowSchool Same list as above for Longfellow School 4-6 Holmes School Same list as above for Holmes School 5-1 Washington School Margaret Klobuchar, Head judge (I) 1839 34th Street NW 289-2814 Colleen Hesse, Co -Head Judge (D) 183718-1/2 Street NW 288-0339 Dawn Barre O 215 Elton Hills Dr NW N 36 288-2604 Shirley Kocer (is) 4444 Meadow Ickes Dr NW 282-2673 Rose Kelly (D) 16413rd Avenue NE 282-7363 Char Ellefson O 1636 6th Ave SW 288.2210 Elaine Parker () 1901261h Ave NW N 27 285-0309 5-2 Jefferson School Marlys Ohnstad, Head Judge (I) 6040 60th Avenue NW,Oronoco 288-2790 Clarence Zaborowski, QrHead Judge (D) 705 16th Avenue NE 281-4630 Patricia Pearson O 1005 8th Avenue NE 282-8921 Rosemary Mackey () 100711thAvenue NE 288-6077 Bette Fellows () 715 26th Street NW 282-6060 Judith Keller Taylor (D) 1524 Wilshire Dr NE 288-7395 MarkBilderback () 839 7th Avenue SE 282-7178 5-3 Kellogg Jr High School Eileen Towey, Head Judge (D) 1444 8-1/2 Avenue SE 288-6741 Duane Melvin, Co-head Judge (D) 1615 No Hgts Dr NE 288-5244 Jan Kirdey () 6335 West River Rd NW 282-6477 Gene Pearson () 1005 8th Avenue NE 282-8921 Noreen Skogen {) 715 15th Avenue NE 288-3755 Sharon Olsen (D) 1226 2nd St NE 289-8050 Jerry Ott () 1630111b Avenue NE 282-7776 5-4 Churchill School Nylene Thompson, Head judge (I) 13315th Street NE 288-7149 Methal Majorowim, Co- Head Judge (D) 2725 Riverside Lane NE 282-0841 LucyJulius (D) 2735 Riverside Ln NE 281-2135 Mary Ho () 6426 16th Avenue NW 289-4746 Vera Dougber Sept YES, Nov YES (I) 633 Woodhaven Q NE 252-1561 Darlene Aske () 4200 Simpson Road SE 280-6684 Jeannette Overkamp () 2721 CenturyQ NE 536-7537 Page 5 5- Page 6 5-5 X11ogg jr. I-Igh Schoo. Sat as above for Kellogg Jr. l-Lgh School 5-6 Churchill School Same list as above for Churchill School 6-1 Hoover School Karen Camey, Head Judge () 1461 Cascade Street NW 288-0615 Delores Smith, Cb-Head Judge (D) 2515 5th Avenue NW 288-1953 Robert Browning () 2501 17th Avenue NW 289-8641 Martha Sterner (D) 202 River Court NE 280-8679 Betty Cote (!) 22 North Broadway# 1603 281-1150 Sharon Priebe () 214 NE Union St, Chatfield MN 55923 867-3189 Jim Morton (R) 2841 Riverwood Ln NW 2SM604 6.2 Elton Hills School Becky Schuster, Head Judge O 619 Elton FT& Dr NW 282-7886 Art DePuy, Co -Head Judge (R) 2053A Carriage Rd SW 289-8311 Kathleen Evers (D) 625 19th Street NW 281-8242 Harold Stewart (1) 1535 Graham Court SE 289-5314 & son (R) 2715 Riverside Ln NE 282-8339 M 3agne (1) 1839B 36th Street NW 288-1686 Leah Koss () 103 Quarve Road SE 288-5636 6-3 John Adams High School Joanne Decker, Head Judge 2115 Parkwood fills Dr NE 529-1405 Fritz Trummer () 825Essex ParkwayNW#112 282-3968 Lavaun Postier () 8366 Co. Road 3 NW (Oronoco) 288-4796 Dolores Cleveland O 4016 Carol Lane NW 288-8107 Tracy Grove () 2506 18-1/2 Avenue NW # 6-209 292-0780 Ronald Lien () 1003 8th Avenue NW 289-5322 Ila Crawford - 2104 11th Ave NW () 2104 11th Ave NW 288-0887 6-4 Ga= School Dutch DeVries, Head Judge (I) 611 13th Avenue SE 282-6490 Liz Holmberg, Co -Head Judge (I) 2010 42nd Street NW 289-0301 Mary Lawler (D) 2333 15th Avenue NW 288-2525 Peg Parsons (D) 2607 5th Avenue NW 282-4013 Bill Born () 1414 45't Street NW 281-2560 Sheen Sovinski () 9377130th Avenue SE Chatfield, MN 55923 867-0062 So Severson (I) 3015 17th Ave NW 282-8084 REQUEST FOR COUNCIL ACTION MEETING q� DATE: 10/2/00 AGENDA SECTION: Consent Agenda GINAING DEPT: 7FinanceTDepartment ITEM NO. ITEM 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 $2,691,873.85. Less: Any exceptions COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 10/2/00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda Fire b _I ITEM DESCRIPTION: Use of Mayo Clinic facilities for Training Purposes for Rochester Fire PREPARED BY: Department Jeff LeLand Mayo Clinic has offered the use of their facilities for training purposes of the Rochester Fire Department. During October and November, firefighters will be using Mayo parking ramps to train in high-rise fire situations. Rochester buildings have expanded in heighth and the Fire Department trains to be prepared for any such emergencies. A release of liability with Mayo Foundation is requested by them. COUNCIL ACTION REQUESTED A motion to adopt the prepared resolution authorizing the Mayor and City Clerk to sign the required release documents from the Mayo Foundation for use of Mayo structures in fire fighting training. COUNCIL ACTION: Motion by: second REQUEST FOR COUNCIL ACTION MEETING 5'1 DATE: 10/2/00 AGENDA SECTION: Consent ORIGINATING DEPT: Human Resources ITEM NO. b_ ((o ITEM DESCRIPTION: Appointment - Firefighter - Fire Department PREPARED BY: L Gils The voluntary termination of James Brumfield resulted in a vacancy for the position of Firefighter. The Fire Civil Service Commission has submitted the top three (3) certified candidates for the position of Firefighter from the established eligibility roster and recommends the appointment of one (1) of the three (3) candidates to the position of Firefighter. Lyle Frederickson Matthew Palen Erik Propotnik COUNCIL ACTION REOUESTED: Appointment of Lyle Frederickson to the position of Firefighter in the Rochester Fire Department conditional upon successful completion of an indepth background investigation, medical and psychological examinations. REQUEST FOR COUNCIL ACTION A SECTION: ORIGINATING Consent I Police ITEM DESCRIPTION: Donation to City of Rochester Police Honor Guard MEETING 53 DATE: 10/2/00 ITEM NO. D-11q Roger Peterson The Past Exalted Rulers Association has donated $150 to the Police Department Honor Guard. Their wishes are that this money be used for purchasing Honor Guard clothing. COUNCIL ACTION REQUESTED: Request acceptance of $150 from the Past Exalted Rulers Association for the purpose of assisting the Rochester Police Honor Guard clothe the members of their unit. Request appropriation to 4110-13227. COUNCIL ACTION: Mown by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 10/2/00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda Police p_I a ITEM DESCRIPTION: Donation for ERU PREPARED BY. Roger Peterson The Rochester Police Department ERU has received a donation from Gary Gerega of a class III hitch, stabilizing tow bar arms, and brackets. These items will allow the ERU to safely tow trailers. Approximate value of these items is $350. COUNCIL ACTION REQUESTED: Approve acceptance of donation of trailer hitch and accessories from Gary Gerega. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: sq 10/2/00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENTAGENDA Public Works D-( ITEM DESCRIPTION: Contribution Agreement for 1239 2nd Street NW PREPARED BY:: R. Freese Y The property owner at 1239 2nd Street NW has requested that the City correct a street drainage problem that exists along the 2nd Street frontage of the property. To correct the drainage problem, the Public Works Department Street Division crew will need to remove and replace the existing gutter section along the frontage of the property westerly to 13th Avenue NW. Additionally, the existing driveway apron and a sidewalk section will need to be removed and reconstructed to match the new gutter flow line elevation. The Public Works Department has prepared a Contribution Agreement for Improvements to Substandard Streets that defines the obligations of the Owner and the City with respect to correcting the existing street drainage problem. The Contribution Agreement includes the following obligations: • City agrees to remove and replace existing gutter section with concrete curb and gutter at no cost to the Owner. • City agrees to remove and replace existing driveway apron and sidewalk section. • Owner agrees to pay to the City $1,025 for the removal and replacement of the driveway apron and sidewalk section within 30 days of invoicing. • Owner agrees to pay a proportional share of the cost to reconstruct 2nd Street NW in the future. The Owner has signed the Contribution Agreement. The Public Works Department recommends approval of the Contribution Agreement. COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute a Contribution Agreement for Improvements to Substandard Streets with the Owner of the property at 1239 2nd Street NW. GUUNCILACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 10/2/00 AGENDA SECTION: CONSENT AGENDA ITEM DESCRIPTION: Revolving Loan ORIGINATING DEPT: ITEM NO. Public Works 1 D -20 PREPARED BY: R. Freese The Minnesota Department of Transportation (MnDOT), Olmsted County and the City of Rochester have, over the past two years, jointly participated in the planning and development of an Environmental Assessment, Layout Plan and Preliminary Design for interchanges on TH 63 South at 40th and 48th Streets. The primary need for the project is to safely and efficiently serve the travel demands generated by the planned land use development of the project area. The agencies have identified the need to upgrade roadway capacity, control access and eliminate substandard street conditions along TH 63, 40th Street from 1 Sth Avenue to St. Bridget Road, 48th Street from 1Ith Avenue to St. Bridget Road, St. Bridget Road from 40th to 48th Street SE and portions of local access frontage roads from 40th Street to 36th Street. A preliminary cost estimate has been prepared for the project. The preliminary construction cost is estimated at $19,700,000 and the right-of-way cost is estimated to range from $7M to $10M. The three agencies have determined that there currently exists a shortfall of available Federal and State funds to adequately fund the final design, right-of-way acquisition and construction costs for the project. The estimated shortfall, identified by MnDOT as the local agencies share of the project cost, is estimated to range between $3.5M to $7M. The construction schedule for the project has been revised to reflect a project letting date of November 2002 for construction of the two interchanges and reconstruction of the other local City and County roads. MnDOT has encouraged the County Engineer and the City Engineer to jointly submit an application to MnDOT for a Transportation Revolving Loan Fund (TRLF) loan to assure that sufficient local funding is available to construct the project at the time of bid letting in November 2002. The TRLF loan application is for $7M and indicates that 50% of the loan amount is the City's share and 50% is Olmsted County's share. The City applied for and received a TRLF loan from MnDOT earlier this year for $5M to be used for the reconstruction of 50th Avenue NW from 65th Street to Valleyhigh Drive. The TRLF application does not, at this time, bind the City or County to accept the loan if approved by MnDOT. The Public Works Department recommends that the City Council approve a resolution authorizing the submittal of an application to MnDOT for a joint TRLF loan with Olmsted County for $7,000,000 for the possible City ($3.5M) and County ($3.5M) shares of the interchange improvements to TH 63 South at 40th and 48th Street and reconstruction of the adjacent local roadways. COUNCIL ACTION REQUESTED: Approve a Resolution authorizing the submittal of a Transprtation Revolving Loan Fund application to MnDOT in an amount of $3.5M City share and $3.5M County share for the interchange improvements to TH 63 South at 40th and 48th Street and reconstruction of the adjacent local roadways. uOUNCIL ACTION: Motion by: Second REQUEST FOR COUNCIL ACTION MEETING &' / DATE: 10/2/00 AGENDA SECTION: CONSENT AGENDA ITEM DESCRIPTION: ORIGINATING DEPT: Public Works ITEM NO. b - aZ kgreement with Mayo Clinic 1PREPARED R. Freese Public Works Department and Mayo Clinic staff have been working together over the past several years to coordinate public infrastructure projects and activities associated with the construction of the Gonda Building. The City and Mayo also entered into a City / Owner Contract J-9497 in August 1998 that provided for joint funding of the reconstruction of portions of 3rd Avenue NW, 2nd Street NW and 4' Avenue NW as concrete streets. Public Works Department staff and Mayo staff agree that there exists a need to reconstruct the five (5) blocks adjacent to the Mayo and Gonda Buildings including those portions of 3" Avenue SW from 2"d Street to Center Street, Center Street from 3" Avenue to 2nd Avenue and 2"d Avenue SW from Center Street to 2"d Street SW that have been disturbed by the building construction activity. The City Public Works Department staff and Mayo staff also agree that these there streets should be reconstructed as concrete streets. Mayo would like to proceed on the reconstruction of the east half of V Avenue SW from 2"d Street SW to Center Street this year so that the reconstruction is completed prior to a Spring 2001 opening of the lower floors of the Gonda Building. Public Works Department staff have indicated to Mayo that the City has not budgeted for this project in 2000 and furthermore, that if built as a publicly bid project, the City could not advertise, bid and award a project this year and have it completed by mid - November 2000. Mayo has offered to fund the reconstruction of the east half of 3'd Avenue SW from 2' Street SW to Center Street and utilize Doyle Conner Company of Rochester to perform the work as an amendment to City / Owner Contract J-9497. Public Works Department staff has prepared a Contribution Agreement for the Improvement to City Streets for review and approval by Mayo Clinic. The Contribution Agreement provides for the following cost share obligations of the parties (see attached Exhibit B from the Agreement): • The City shall be responsible for the cost of preparing engineering plans and specification and conducting construction inspection services for the reconstruction of the 5 blocks of streets. • Mayo shall be responsible for the cost of reconstructing the east half of 3n° Avenue SW from 2' Street SW to Center Street. • The City shall be responsible for the cost of reconstructing the west half of 3`d Avenue SW from 2"d Street SW to Center Street by a date mutually agreeable to the parties. • The City shall be responsible for 50% of the cost and Mayo 50% of the cost for reconstructing Center Street from 3'd Avenue to 2"d Avenue SW by a date mutually agreeable to the parties. • The City shall be responsible for the 25% of the cost and Mayo 75% of the cost for reconstructing 2' Avenue SW from Center Street to 2' Street SW by a date mutually agreeable to the parties. • Mayo's contribution under the Agreement is capped at $400,000. Mayo Clinic representatives have signed the Contribution Agreement. Public Works Department staff and Mayo staff recommend that Yaggy Colby Associates be retained by the City to prepare the design engineering plans and specifications. Public Works Department staff recommend that the Council approve the Requested Council Action items. COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute a Contribution Agreement with Mayo Clinic for the reconstruction of five (5) city blocks of streets adjacent to the Mayo and Gonda Building and to execute a Professional Services Agreement with Yaggy Colby for design engineering services and to amend the City / Owner Contract J-9497 to include the reconstruction of the east side of and Avenue SW from 2"d Street SW to Center Street by Mayo. COUNCIL ACTION: Motion by: second Exhibit B Cost Sharing Distribution for Concrete Street Reconstruction Street Segment Length Width Estimated Cost City Cost Share Mayo Cost Share 3rd Avenue SW from 2nd Street SW to Center Street 666 feet 52 feet $253,088 $126,544 (50%) $126,544 (50%) Center Street from 3rd Avenue to 2nd Avenue 430 feet 48 feet $159,852 $79,926 (50%) $79,926 (50%) 2nd Avenue SW from Center Street to 2nd Street SW 666 feet 52 feet $253,088 $63,272 (25%) $189,816 (75%) Construction Cost Subtotal $666,028 $269,742 $396,286 Engineering and Contingency $133,206 $133,206 $0 TOTALS 1 $799,234 $402,948 $396,286 REQUEST FOR COUNCIL ACTION MEETING DATE: 10/02/00 AGENDA SECTION: CONSENT AGENDA ITEM DESCRIPTION: ORIGINATING DEPT: ITEM NO. Public Works I D-aa PREPARED BY: Y_ r M. Nigbur r V ' Kline Roofing have asked the City of Rochester for a Revocable Permit to place a sign within a drainage easement on their property. The sign location is within an area previously approved for the placement of some storm sewer to fill in the existing ditch. The Owner's understand the need to maintain the easement area free and clear of obstructions. The Owners also understand the possibility of requiring removal of the sign at some future date at their cost if problems arise. Staff has reviewed the request and would recommend in favor of granting a Revocable Permit. In addition to the standard conditions the permit should also state the following: • The Owner agrees to restore any areas in the easement disturbed as part of their work to the satisfaction of the City. • The Owner agrees to pay the City of Rochester $61.00 for document preparation and recording. Authorize the Mayor and City Clerk to execute the revocable permit. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 10/02/00 AGENDA SECTION: CONSENT AGENDA ITEM DESCRIPTION: ORIGINATING DEPT: ITEM NO. Public Works b-A 3 PREPARED BY: M. Nigbur Robert and Barbara Egbert have asked the City of Rochester for a Revocable Permit to place a fence within an easement on their property The location of the fence is needed to enclose the Owners backyard for more privacy. The Owner's understand the need to maintain the easement area free and clear of obstructions. The Owner's also understand the possibility of requiring removal of the fence at some future date at their cost if problems arise. Staff has reviewed the request and would recommend in favor of granting a Revocable Permit. In addition to the standard conditions the permit should also state the following: • The Owner agrees to restore any areas in the easement disturbed as part of their work to the satisfaction of the City. • The Owner agrees to pay the City of Rochester $61.00 for document preparation and recording. Authorize the Mayor and City Clerk to execute the revocable permit L;OUNCIL ACTION: Motion by: second by: to: AGENDA SECTION: CONSENT AGENDA REQUEST FOR COUNCIL ACTION ORIGINATING DEPT: Public Works ITEM DESCRIPTION: Owner Contract — Watermain to Serve Salem [Buildings 6 — 12 & 20 — 28] (J9741) MEETING & I DATE: 1012/00 ITEM NO. Y -a� —J Staff would offer the following Owner Contract project for consideration by the Council: M. Baker Cottage Homesteads of Rochester, Inc. (Owner) & Kober Excavating (Contractor) are requesting a City / Owner Contract J9741 consisting of "Watermain to Serve Salem Meadows Ph III (Buildings 6 —12 & 20 — 28)". COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City J Owner Contract for J9741 "Watermain to Serve Salem Meadows Ph III (Buildings 6 —12 & 20 —28)" COUNCIL ACTION: Motion by: _ Second REQUEST FOR COUNCIL ACTION MEETING DATE: 10/2/00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENTAGENDA Public Works p—;5� ITEM DESCRIPTION: STORMWATER MANAGEMENT AGREEMENTS PRPARED BY: A -I' M. Baker I The Department of Public Works has received requests on two (2) different properties, to voluntarily participate in the City's Regional Stormwater Management Plan. This department has reviewed the information for these properties and has determined that there is support for participation. Owners of the following properties have requested voluntary participation in the City's Plan, with the applicable participation fee as follows: • Golden Corral (SDP#00-55) (p/o Lots 6, and all of Lot 7, Block 1, plaza 41 Northwest Subd) $14,889.67 • Care Free Mini Storage / Doug & Julie Steck (SDP#00-34) (2901 S Broadway Ave) $ 7,421.66 The Owners of these properties have already provided payment for their respective charges. These funds will be deposited upon acceptance by the Council for the properties to participate in the City's Plan. COUNCIL ACTION REQUESTED: Adopt a Resolution accepting voluntary participation by the above noted properties, in the City's Regional Stormwater Management Plan. GUUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING 11 11 DATE: 10l2l00 ar.ENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works p -aAISY: ITEM DESCRIPTION: Proposal for Engineering Services for Sanitary Sewer and PREPARED Watermain ExtensionsJ. Loe The City of Rochester received petitions from a number of subdivisions requesting that sewer and water be extended to serve the subdivisions. Previously the City Council authorized staff to develop Engineering Service Agreements for sanitary sewer and watermain extension projects to serve these subdivisions. The Department of Public Works is finalizing Agreements with four separate consulting engineering firms to provide engineering services for the following local improvement projects: Project No. M1-01, J9745 Consulting Engineer: Short Elliot Hendrickson &Associates (SEH) 'Badger Run Sub-Trunkline Sanitary Sewer from 30' Avenue SE to 30th Street SE to Serve Sewer Districts 16B and 16D in Marion Township." Project No. M1-02, J9746 Consulting Engineer: WHKS & Co. "Sanitary Sewer and Watermain to Serve the Elmcroft Subdivision Area." Project No. M1-03, J9747 Consulting Engineer: Yaggy Colby Associates "Sub-Trunkline Sanitary Sewer to Serve the Forest Hills Subdivision Area" Project No. M1-04, J9746 Consulting Engineer: Yaggy Colby Associates "Sanitary Sewer and Watermain to Serve the Forest Hills Subdivision Area." Project No. M1-05, J9749 Consulting Engineer: McGhie & Betts "Sanitary Sewer to Serve the Rose Harbor Subdivision Area." Project No. M1-06, J9750 Consulting Engineer: McGhie & Betts "Sanitary Sewer and Watermain to Serve the Rose Haven Subdivision Area." These consultants are capable of providing the desired level of Preliminary Project Analysis and Design Engineering Services. The Department of Public Works recommends that these consultants be initially retained to provide Preliminary Project Analysis for the respective projects. Compensation is proposed at the actual cost and expense fee structure. After the completion of the Preliminary Project Analysis and selection of design alternates and the scope of the projects are determined the Department of Public Works will negotiate Design Engineering Service Agreements with the consultants for the respective projects. Compensation for Design services is proposed at a "Lump Sum" amount as negotiated for each project. The "Lump Sum" amount will be based on the extent of engineering services required for the respective project. COUNCIL ACTION REQUESTED: 1. Adopt a resolution authorizing the execution of Engineering Service Agreements with the above referenced consultants to provide engineering services as follows: a. Preliminary Design Analysis (actual cost and expense fee structure). b. Design Services ("Lump Sum" as negotiated by the Department of Public Works and approved by the City Administrator). COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING ?3 11 DATE: 10/2/00 AGENDA SECTION: CONSENT AGENDA ITEM DESCRIPTION: Request to I Area, J9603 ORIGINATING DEPT: ITEM NO. Public Works I b -aq Tower in Southeast Service I PREPARED BY: J. Loehr I 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 November 14, 2000 and considered by the City Council on November 20, 2000 for the following project: Project No. M006, J9603 "Water Tower to Serve Southeast Service Area (Rose Harbor Site)" The estimated project costs are as follows: Water Tower $575, 000 Engineering, Interest, Contingencies & Site Acquisition 175,000 Estimated Construction Cost and Expenses $750,000 The project is proposed to be funded from the following sources: 1. Sales tax eligible Water Availability Charges (WAC) included in future Utility Connection Agreements. 2. J8201 previously collected WAC charges in the water tower service district. 3. Internal borrowing to be recovered from Water Availability Charges (WAC) included in future Developer Agreements and/or City -Owner Contracts. COUNCIL ACTION REQUESTED: A resolution should be adopted authorizing the City Clerk to advertise for bids and conduct a bid opening on November 14, 2000 at 11:00 AM. Note to City Clerk; Advertise 3 times in the Post Bulletin and Construction Bulletin beginning October 6, 2000. Aft: Location Map Notice of Bid COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING 75� � DATE: 10/2/00 _ =NDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works P-ag ITEM DESCRIPTION: Request to Advertise for Bids: Trunk Watermain in Southeast PREPARED ABY:Service Area, J9604J. LoeThis is a request for a resolution to advertise for bids. The bids will be received nttl 11:00 AM at te office of the City Clerk on October 31, 2000 and considered by the City Council on November 6, 2000 for the following project: Project No. M007, J9604 "Trunk Watermain in Southeast Service Area" The request to advertise for bids is for the Phase 4 portion of the trunk watermain project. Phase 4 consists of a 12" high level service watermain and a 12" intermediate level service watermain in the 30" Avenue SE right-of-way from 22n' Street SE to Pinewood Road SE, and a 16" high level service watermain and a 12" intermediate level service watermain in an easement from 20'" Street SE to Marion Road SE including a crossing of Marion Road. The other Phases of the project are shown on the attached map. The estimated project costs for Phase 4 of the trunk watermain project are as follows: Watermain $357,450 Engineering Interest, Contingencies 107,235 Estimated Construction Cost and Expenses $464,685 The project is proposed to be funded from the following sources: 1. Sales tax eligible Water Availability Charges (WAC) included in future Utility Connection Agreements. 2. J8201 previously collected WAC charges in the water tower service district. 3. Water Utility for oversize watermain costs. 4. Internal borrowing to be recovered from Water Availability Charges (WAC) included in future Developer Agreements and/or City -Owner Contracts. COUNCIL ACTION REQUESTED: A resolution should be adopted authorizing the City Clerk to advertise for bids and conduct a bid opening on October 31, 2000 at 11:00 AM. Note to City Clerk; Advertise 3 times in the Post Bulletin and Construction Bulletin beginning October 6, 2000. Att: Location Map Notice of Bid COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING liq DATE: 10/2/00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works ITEM DESCRIPTION: Consideration of Bids: Sanitary Sewer and Watermain to Serve 3010 Valleyhigh Drive NW, J9595 PREPARED BY: r J. Loehr Bids were received and opened after 11:00 a.m., September 19, 2000 for the folfowing local improvement project: Project No. 9918, J9595 "Sanitary Sewer and Watermain to Serve 3010 Valleyhigh Drive NW." The following bids were received: 1. Elcor Construction $ 104,524.00 Engineers Estimate $ 75,167.50 Even though the bid is 39% higher than the Engineer's estimate, the total estimated construction cost and expense of this project based on the bid is within the range of the estimated construction cost and expense of $121,173.00 as contained in the Feasibility Report. Bid Amount $ 104,524.00 Design Engineering Services 11,000.00 (estimated final design engineering cost) Construction Engineering Services 8,536.00 (proposed construction service amount) Construction Interest 2,100.00 (based on 3 months interest charge) Estimated Construction Cost & Expense $ 126,160.00 The project is proposed to be funded from sewer and water connection charges (Utility Connection Agreements), Sales Tax Revenue, future Developer and/or City -Owner Contract Agreements, and the Water Utility. This project involves the extension of sanitary sewer and watermain to serve 2 developed properties within the project Area. These developed properties are eligible to participate in the City of Rochester Water Quality Protection Program adopted by the City Council on December 21, 1998. The Department of Public Works received a proposal from Bonestroo Rosene & Anderlik to perform construction related engineering services for the project. Their proposal is for the actual cost to perform the construction related engineering services with a not to exceed $8,536.00 provision. COUNCIL ACTION REQUESTED: 1. If the Council wishes to proceed a resolution could be adopted awarding the contract to Elcor Construction. 2. Adopt a resolution authorizing a Construction Engineering Service Agreement with Bonestroo Rosene & Anderlik based on the actual cost with a not to exceed provision of $8,536.00. Attachments: Feasibility Report Location Map COUNCIL ACTION: Motion by: second by: to: 1� REPORT ON THE FEASIBILITY OF PROPOSED % LOCAL IMPROVEMENT PROJECT SANITARY SEWER AND WATERMAIN TO SERVE 3010 VALLEYHIGH DRIVE N.W. April 25, 2000 Honorable Mayor & Common Council City of Rochester, Minnesota A petition for sanitary sewer and watermain to serve 3010 Valleyhigh Drive N.W. was forwarded by the City Council at their April 19, 1999 meeting to the Public Works Department for the preparation of a Feasibility Report. The petition was checked and found to be in proper form and was signed by 1 of the 5 property owners of lots containing a single-family residential dwelling, a multi -family dwelling, or a commercial or industrial development. This represents 20 percent of the lots within proposed project area that are eligible to participate in the City of Rochester, Water Quality Protection Program adopted by the City Council on December 21, 1999, Feasibility Report We report that the above referenced project is feasible and recommend its construction. The location of this project is within an area of 2 lots that contain single-family residential dwellings, 1 lot that contains a multi -family residential dwelling and 2 lots that contains a commercial development that currently lack public sanitary sewer and watermain. The petitioner for the project owns the property containing the multi -family residential dwelling. The Fire Department has instructed the petitioner to install a fire sprinkler system within the dwelling or the property cannot be used for multi -family housing any longer. In addition the petitioner's property has a septic system that is inadequate and the owner is currently relying on a holding tank to provide for the dwellings sewage needs. The holding tank requires frequent pumping as the septic system (drain field) does not provide adequate service for the dwelling. The septic systems and wells within the Area were constructed prior to the State of Minnesota and Olmsted County having any requirements or standards for construction of septic systems and wells. The lots are less than 1-1 2 acres in size and are unable to absorb the nitrates created from the septic systems. There is an increasing threat of contamination to the City of Rochester's ground water supply as the existing septic systems and wells begin to fail. This project would allow the five property owners to connect their property to public sanitary sewer and water systems rather than replacing their old systems when they fail. The costs of this project are proposed to be recovered through sanitary sewer and watermain connection charges (Utility Connection Agreements), from Sales Tax Revenue appropriated to the City of Rochester, Water Quality Protection Program, and from the Water Utility (Valleyhigh Drive NW watermain crossing).. The proposed project consists of the installation of approximately 850 feet of 8-inch sanitary sewer and 110 feet of 8-inch watermain. Public sanitary sewer is currently available at the south end of the project limits and watermain is located within the Valleyhigh Drive ROW. Therefore, an extension of a trunkline sanitary sewer main or trunk watermain is not required to serve the project area. The estimated construction costs and expenses for the proiect made without completed plans or survey are as follows: Sanitary Sewer and Watermain $113,673 Sewer Service Connection Stub -Outs $750 per service x 3 services $ 3,750 Water Service Connection Stub -out $750 per service x 3 services $ 3.750 Estimated Cost of the Project $121,173 The estimated Project costs are proposed to be funded as follows: Utility Connection Agreements $ 60,814 Water Utility (water crossing of Valleyhigh Drive NW) $ 17,836 Sewer Availability Charges (SAC) (sewer crossing of Valleyhigh Drive NW) $ 7,785 Sales Tax Revenue (see below) $ 34.738 Estimated Project Costs $121,173 Amount of sales tax revenue required for the proiect construction Sales Tax (Rate Cap and per Lot Cap) $ 27,238 Sales Tax (Sewer Service Connection Stub -Out Allowances) $ 3,750 Sales Tax (Water Service Stub -Out Allowances) $ 3.750 Estimated Amount of Sales Tax Funding Required for Construction of Project $ 34,738 Estimated additional sales tax revenue required for work on private property The 5 - lots within the project area contain commercial or multi -family development. These lots are eligible for Allowances through the Water Quality Protection Program as follows: Sewer Service Lateral 5 lots x $1,000 per lot $ 5,000 Water Service Lateral 5 lots x $1,000 per lot $ 5,000 Well Closure 5 lots x $1,000 per lot $ 5,000 Septic Closure 5 lots x $ 500 per lot $ 2.500 Estimated Amount of Sales Tax Revenue Required for Allowances $ 17,500 For Work on Private Property Estimated sales tax revenue required for construction of Proiect and Allowances Estimated Amount of Sales Tax Revenue for Construction of Project $ 34,738 Estimated Amount of Sales Tax Revenue Required for Allowances $ 17,500 Estimated Amount of Sales Tax Revenue Required for Construction of Project $ 52,238 Allowances for Work on Private Property, and SAC & WAC We recommend that the necessary funding to construct sanitary sewer, watermain and service connections in the Valleyhigh Drive NW Area be done so in accordance with the City of Rochester's existing sanitary sewer and watermain connection charge policies and the Water Quality Protection Program. Property owners that desire to participate in the Water Quality Protection Program and the benefits contained therein, are required to: IN1 1. Enter into a Utility Connection Agreement with the City within three (3) years of the date the City initiates the project. 2. Connect the existing single family residential dwelling to the public sewer and water systems within five (5) years of the date of project initiation. Submitted for your consideration: 1/�. 4 Jame ebr, Project Manager Wate Qua 'ty Protection Program Doug Nelson, PE Manager of Engineering I U BUDGET AND ASSESSMENT SCHEDULE FOR CONSTRUCTION CONTRACT Project No: 9918 Date (Orig.) 03/15/2000 J No: 9595 Description: Sanitary Sewer & Watermain Extension to Serve 3010 Vallevhiqh Drive NW Project Contract Final Budget Cost Cost Construction Sanitary Sewer & Watermain $ 87,441 Service Connections 5.769 Encineering/lnterest/Contingency 27,963 Total Construction & Expense $ 121,173 Cost Distribution Anticipated Utility Connection Agreements Water Utility Sewer Availability Charges (SAC) Utility Connection Agreements Sales Tax Funding TOTAL Make Initial Disbursement from P. I. R. Fund $ 60,814 17,836 7,785 34,738 $ 121,173 O zz ¢w w� HQ 3� ax ¢w a � 3j w r� O REQUEST FOR COUNCIL ACTION MEETING 93 i DATE: 10/2/00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works p —3JB ITEM DESCRIPTION: Supplemental Agreement #1 and #2 Trunkline Sanitary Sewer in Marion Township, J9598 PREPARED J. LoeThe City previously entered into a contract with Arcon Construction for the construction of a tr sanitary sewer to serve Marion Township in a project described as follows: Protect No. M001, J9598 "Trunkline Sanitary Sewer from the Willow Creek Trunkline Sewer to Marion Road S.E. to Serve Sewer Districts 1 GA, 1613, 16C and 16D in Marion Township" SA #1: The plans and specifications provide for the construction of a trunkline sanitary sewer in an easement located along the north line of property located at 1745 Marion Road SE. When constructing the trunkline sewer in this easement an existing septic drain field was discovered. The septic system was not able to be maintained during the installation of the trunkline sewer, nor was the septic system able to be repaired after the installation of the trunkline sewer. The Department of Public Works determined that connection of this property to the trunkline sewer was necessary at this time. Public Works negotiated an amount of $660.00 as compensation to Arcon Construction for this work. SA #2: The plans and specifications also provide for the installation of the trunkline sewer at a stream crossing of Bear Creek. The City is currently completing the design of a trunk watermain that requires a stream crossing of Bear Creek adjacent to the trunkline sewer crossing. The Department of Public Works determined that it is appropriate to construct the trunk watermain stream crossing in conjunction with the trunkline sewer stream crossing to eliminate the added expense of a separate stream crossing for the trunk watermain. Public Works negotiated an amount of $13,400.00 as compensation to Arcon Construction for this work. COUNCIL ACTION REQUESTED: 1. Adopt a resolution authorizing payment of Supplemental Agreement #1 in the amount of $660.00. 2. Adopt a resolution authorizing payment of Supplemental Agreement #2 in the amount of $13,400.00. Attachments: Location Map Supplemental Agreement #1 Supplemental Agreement #2 %,,lUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING (] 5 / DATE: 10-02-00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. ----ILIC HEARINGS PLANNING e.1 i i r nn DESCRIPTION: Annexation Petition #00-12 initiated by the City of Rochester to annex, PREPARED BY: into the City of Rochester, properties in Rochester Township that are 100% surrounded by 'Theresa Fogarty, the City of Rochester. This annexation includes properties located within Sections 10, 11, Planner 14, 15, 16 and 23 of Rochester Township. September 25, 2000 City Planning and Zoning Commission Recommendation: The City Planning and Zoning Commission reviewed this annexation request on September 13, 2000 and found that the area proposed for annexation is 100% surrounded by the City of Rochester. Minnesota Statutes 414.033, Subdivision 2(2) allows a municipality to annex, by Ordinance, lands that are 100% surrounded by the municipality. The Planning Commission therefore recommends approval of this request. Ms. McGowan moved to recommend approval of the City Council Initiated Annexation #00-12, Seconded by Ms. Petersson. The motion carried 6-0. Planning Department Recommendation: See attached staff report, dated September 6, 2000. 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 property for 2000 are $108,371.70. Council Action Needed; 1. Following the public hearing, if the Council wishes to proceed as petitioned, it should instruct the City Attorney to prepare an ordinance to be adopted and transmitted to the MN Planning /Office of Strategic and Long Range Planning. The motion shall also include that all land included in this annexation be zoned "H - Holding" upon annexation. Attachments:`f 1. Staff report dated September 6, 2000. �[.�(i�tGr �✓�v�" 2. Minutes of September 13, 2000 CPZC Meeting Distribution: mc� 1. City Administrator 2. City Clerk 3. City Attorney: Legal Description Attached 4. City Finance Director: Tax Information Attached 5. Planning Department File 6. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, October 2, 2000 in the Council Chambers at the Rochester/ Olmsted County Government Center. COUNCIL ACTION: Motion by: Second by: to: FJ Page 1 of 1 Eileen From: BARTLESON (barties@sparc.isl.net) Sent: Monday, October 02, 2000 1:26 PM To: Dave Senjem; Jean McConnell; Marcia Marcoux Subject: city council meeting Dear Council Member: I am unable to attend the Council meeting tonight because 1 will be at work. I would like to express my deep concern about your proposal to forcibly annex Merrihills, my neighborhood. Merrihills is more than adequately served by the township. Residents are united in our desire to remain within the township. The city has acknowledged that because of large lot sizes you are unable to offer standard city services; yet you intend to tax us as if we received those services. Just because you feel you have the power to annex does not make it good public policy. Please listen to the citizens of my area. We are willing to negotiate but will resist annexation. Thank you for your consideration. JD and Barbara Bartleson 2303 Crest Ln SW 286-9230 10/2/00 TO: City Planning and Zoning Commission FROM: Theresa Fogarty, Planner DATE: September 6, 2000 I �Aulr�d�e■odd Apu67q AVEfi!/ ♦�`piilifl�WAVEgffl� ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 ADMINISTRATION/ 507/285-8232 PLANNING GIS7ADDRESSING/ 5071285-8232 MAPPING HOUSING/HRA 5071285-8224 BUILDING CODE 507/205-8213 WELUSEPTIC 5071205-6345 FAX 507/287-2275 RE: Annexation Petition #00-12 initiated by the City of Rochester to annex, into the City of Rochester, properties in Rochester Township that are 100% surrounded by the City of Rochester. This annexation includes properties located within Sections 10, 11, 14, 15, 16 and 23 of Rochester Township. Planning Department Review. Petitioners: City of Rochester Terry Spaeth, City Administration 201 SE 4' Street Rochester, MN 55904 Location of Property: The properties are located within Sections 10, 11, 14, 15, 16 and 23, Rochester Township. Existing Land Use: See Attachment A Size: The properties within Rochester Township proposed for annexation that are 100% surrounded by the City of Rochester, total 917.70 acres. Existing Zoning: See Attachment A Future Zoning: Upon annexation, all properties proposed for annexation should be placed in the "H" Holding Zoning. Public hearings will be scheduled at a later date to determine permanent zoning. Future Land Use Plan: See Attachment A Adjacency to the Municipal The properties are 100% surrounded by the City of Limits: Rochester. `-'� AN EOUAL OPPORTUNE Y/AFFIRMATIVE ACTION EMPLOYER Page 2 • . lL Annexation #00-12 September 7, 2000 Sewer & Water: Theses sites are within the Main Level, Golden Hill High Level and the Willow Heights High Level Water System 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. The City has provided notice to the affected property owners consistent with this requirement. 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 October 2, 2000. The City Clerk has sent the certified notice 30 days prior to that date. Referral Comments: Report Attachments: Staff Recommendation: 1. Rochester Public Utilities - Water Division 2. Rochester Fire Department 1. Annexation / Location Map 2. Attachment A 3. Referral Comments (2 letters) 4. Residents Comments ( 2 letters) The area proposed for annexation is 100% surrounded by the City of Rochester. Minnesota Statutes 414.033, Subdivision 2(2) allow a municipality to annex, by Ordinance, lands that are 100% surrounded by the municipality. The City may adopt an Ordinance annexing the area included in this petition under Minnesota Statutes 414.033, Subdivision 2(2). If the City wishes to proceed, staff recommends that the annexation become effective December 1, 2000 and that all land included in this annexation be zoned "H-Holding" upon annexation. I Page 3 �y Annexation #00-12 �! September 7, 2000 ATTACHMENT A o� E�XIStI �' '' Pro oSe�d �"" p Site #? SttetDescrt P„�,��> C EztstYnl�n "LaFri'd Us ~����=�.zs���..,�w��-• Us '��'_.-..�,_. a De;Ignatio Distrtc �_.�.��,_..-, pstnc �, 1 Institute Hills Residential Low Density RA -Rural H - Holding Residential Residential 2 Unplatted Agricultural Low Density A-3 - H - Holding Residential Agricultural 3 Merrihills Subdivision Residential Low Density RA - Rural H - Holding Residential Residential 4 Unplatted Residential Low Density RA - Rural H - Holding Residential Residential 5 Lenwood Heights Sub. Residential Low Density R-1 Low H - Holding Residential Density Residential 6 Unplatted Residential Low Density RA - Rural H - Holding Residential Residential 7 Merrihills 2nd Sub. Residential Low Density RA - Rural H -Holding Residential Residential 8 Unplatted Residential Low Density R-1 Low H - Holding Residential Density Residential 9 Unplatted Agricultural Low Density A-4 Agricultural H - Holding Residential Urban Expansion 10 Unplatted Residential Low Density RA - Rural H - Holding Residential Residential 11 Lamar Addition Residential Low Density RA - Rural H - Holding Residential Residential 12 Unplatted Residential Low Density RA - Rural H - Holding Residential Residential 13 Unplatted Agricultural Low Density A-4 Agricultural H - Holding Residential Urban Expansion 14 Unplatted Residential Low Density R-1 Low H - Holding Residential Density Residential 15 Woodland Hills Sub, Residential Low Density R-1 Low H - Holding Residential Density Residential 16 Unplatted Agricultural Low Density A-4 Agricultural H - Holding Residential Urban Expansion 17 Bamberwoods 1 °' Residential Low Density R-1 Low H - Holding Residential Density Residential 18 Forest Hillis Residential Low Density R-1 Low H - Holding Forest Hills 2n° Residential Density Forest Hills Yd Residential Forest Hills 4' Forest Hills 5' 19 Unplatted Agricultural Low Density A-4 Agricultural H - Holding Residential Urban Expansion /] Page 4 • . Annexation #00-12 ( September 7, 2000 ATTACHMENT A (Continued) it Site Descr pto ; La future ' , Land'Use"" Y Ezis in rat ro o e Zonm �Fxisfi 20 Unplatted Residential Low Density R-1 Low H - Holding Residential Density Residential 21 Elmcroft Subdivision Residential Low Density R-1 Low H - Holding Paradise Acres Residential Density Friedrichs Subdivision Residential Schwankes Subdivision Unplatted Lots 22 Unplatted Commercial Commercial HC-Highway H - Holding Commercial 23 Unplatted Agricultural Low Density A-4 Agricultural H - Holding Residential Urban Expansion 24 Unplatted Residential Low Density R-1 Low H - Holding Residential Density Residential 25 Southtown Subdivision Residential Low Density R-1 Low H - Holding Southtown 2n° Sub. Residential Density Southtown Heights Sub. Residential Neills Rapist ql Memo TO: Mayor and City Council From. Gary Neumann / r ,�J Date: September 29, 2000 Re: Annexation of Surrounded Area in Rochester Township The proposed annexation of an area of land that is completely surrounded in Rochester Township will be under consideration at the October 2, 2000, City Council meeting. This annexation has been proposed to be undertaken under Minnesota Statutes 414.033, the annexation by ordinance provisions. Annexations by ordinance are allowed to occur if one of four conditions stated in that section of the statutes is present. The relevant language is as follows: "Subdivision 2. Conditions. 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: (2) the land is completely surrounded by land within the municipal limits;" Specific findings do not appear to be required to annex land that is 100% surrounded by land that is within the municipal limits. However, it may be useful to list some of the rationale for this annexation, including the fact that it is 100% surrounded by the City. Some of this rationale could be cited in the ordinance approving the annexation if the Council decides to proceed. Some of the rationale for the annexation could be stated as follows: 1. The land to be annexed is 100% surrounded by land within the municipal corporate limits of the City of Rochester, Minnesota. The annexation of this land will eliminate an island of property within the City limits, will provide for the more efficient delivery of municipal services, and will reduce the potential for confusion in the delivery of services, particularly emergency services. 2. The land to be annexed is urban or suburban in character by virtue of being almost entirely developed in an urban/suburban manner with residential homes on lots of 19 Annexation of Surrounded Area in Rochester Township September 29, 2000 Page 2 various sizes. This area is not comprised of agricultural or vacant land uses but is almost entirely developed with residential homes on lots of various sizes. 3. The land to be annexed is currently receiving some services that the City provides and will receive additional City services upon annexation. Currently, the City provides the electric service to the developed properties within the area to be annexed, it is the provider of the fire response services, other than fire department emergency medical services, to this area under a contract with Rochester Township, the City Water Utility operates two water systems providing services to some of the area, and the City has provided parkland and other recreational services that are available to this surrounded area. Upon annexation the residents of the area will benefit from the all the services that the City provides to its residents. Some of the new services that the City will provide include: ➢ Police Service. Currently, the area is provided with Sheriff service. However, according to the Sheriff, response to calls from this area is provided from one of four patrol officers that cover the entire county who are stationed at night in each of the four small towns in the county that contract for service. The nearest responding unit would be from Stewartville, several miles away. Upon annexation, the area would be provided with City police service. The City has a much larger patrol force which covers a much smaller geographic area. This will provide for a more immediately available presence and a much quicker response time on average. ➢ Fire Department Emergency Response Service. The City is planning to construct a fifth fire station in the area of 40"' Street SW, which should provide a quick response time to this area. In addition, the emergency medical response teams of the Fire Department will also be providing service to this area, which they are not doing under the contract with Rochester Township. ➢ Water and Sewer Services. The City has discussed providing water and sanitary sewer services to the majority of this area on a subsidized basis under its Water Quality Protection Protection Program. The City has offered to subsidize the extension of watermain and sanitary sewer services under the WQPP to at least 60% of the homes in this area. The total City subsidy that will not be charged back to the property -owner if these projects proceed is estimated at $3 million. The City would also consider providing the maximum subsidy of up to $15,000 per developed lot to the other remaining developed lots; however, some of the property -owners on large lots may not choose to seek watermain and sanitary sewer services from the City due to the remaining cost that would be attributable to the property -owner after the City subsidy is deducted from the total cost. The City has received petitions for water and sanitary services from 135 homes in this surrounded area. 13 Annexation of Surrounded Area in Rochester Township September 29, 2000 Page 3 By providing the subsidy to install City utilities to remove many failing septic systems and wells in this area, the City hopes to ensure the safety of the aquifer and the water supply affecting this entire surrounded area and the City at -large. ➢ Additional Services. The City will provide all the services that it provides to its residents, including, but not limited to: street maintenance service, street lighting, and park and recreational facilities and programs. Several new neighborhood parks are planned for this area. 4. The annexation is necessary for public health, safety, and welfare reasons. The annexation will provide the opportunity for many of the residents of the immediate area to receive City water and sewer services. This will reduce the potential for contamination of the aquifer and the water supply because many obsolete or failing septic systems, which do not meet current codes, will be removed from service. It will provide improved critical emergency response services to the area, and it will provide for the efficient delivery of municipal services. 5. urban in character. Development plans have been approved or are proceeding for much of the land south of the surrounded area. There is a need to plan for the provision of municipal services to the surrounded area and the adjacent lands that are in process of developing. rp 0 we pledge, ve deliver August 25, 2000 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: City Council initiated Annexation #00-12 to annex properties in Rochester Township that are 100% surrounded by the City of Rochester located Sections 10, 11, 14, 15, 16 and 23. Dear Ms. Gamess: Our review of the referenced petition is complete and our comments follow: 1. These areas are within the Main Level, Golden Hill High Level or the Willow Heights High Level Water System Areas. Service is available at the outer limits of these properties. Please contact us at 507-280-1600 if you have questions. Very truly yours, 06-JA WM&I Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 ALL-MAW" ROCHESTER V'e -Z;1174�0.la DAVID A. KAPLER, Chief Rochester Fire Department 201 4th Street SE, Room 10 Rochester, MN 55904-3726 (507)285-8072 FAX #(507)285-8256 DATE: August 18, 2000 TO: Jennifer Garness, Planning FROM: Lyle Felsch, Deputy Chief SUBJECT: Annexation #00-12, Rochester Township areas surrounded by the City of Rochester. This area is currently is beyond the 4 minute fire response standard of the Rochester Fire Department. However, at the time of completion of proposed fire station No. 5 at 40th Street and Hwy 63 south, this area will be within the 4 minute response standard. Following annexation this area will begin receiving a full city, fire and rescue response and is subject to the requirements of the fire code as provided in RCO 55. q� MINUTES OF THE CITY OF ROCHESTER PLANNING COMMISSION 2122 CAMPUS DRIVE SE —SUITE 100 ROCHESTER MN 55904 Minutes of the regularly scheduled meeting of the City Planning and Zoning Commission held on Wednesday, September 13, 2000, 2000, at 7:00 p.m. in the Council/Board Chambers of the Government Center, 151 4th Street SE, Rochester, MN. Members Present: Mr. Jim Suk, Chair; Ms. Mary Petersson, Vice Chair; Ms. Diane McGowan; Mr, James Burke; Mr. Gerry Werven; and Mr. Randy Staver Members Absent: Mr. Ardell Brede; Mr. Michael Quinn; and Ms. Christine Schultze Staff Present: Ms. Jennifer Garness; Ms. Mitzi Baker; Ms. Theresa Fogarty; and Mr. Brent Svenby Other City Staff Present: None ADMINISTRATIVE BUSINESS: Ms. McGowan made a motion to approve the minutes of August 23, 2000, as written. Mr. Staver seconded the motion. The minutes from August 23, 2000 were approved unanimously. Ms. Staver made a motion to approve the agenda, moving hearing items C5 and C3 as the first items under Public Hearings. Ms. Petersson seconded the motion. The motion carried unanimously. ANNEXATION: City Council Initiated Annexation #00-12 to annex, Into the City of Rochester, properties { in Rochester Township that are 100% surrounded by the City of Rochester. This ,yJ'r annexation includes properties located within Sections 10, 11, 14, 15, 16 and 23 of Rochester Township. Mr. Suk explained that the annexation request is not a public hearing item and that no testimony would be taken from the audience. He indicated that the City Council would hear it as a public hearing item on October 2, 2000. He explained that those who wished to speak on the issue should attend that meeting. Ms. Theresa Fogarty presented the staff report, dated September 6, 2000, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Ms. Fogarty indicated that the City Council initiated the annexation at their August 7, 2000 meeting. Ms. McGowan moved to recommend approval of City Council Initiated Annexatiotd;#00 .. 12 seconded by Ms. Peterssom The motion carried 6.0. Page 2 0 City Planning and Zoning Commission Minutes ( 1 Hearing Date: September 13, 2000 A person from the audience expressed his dissatisfaction of individuals not being allowed to speak with regard to the annexation request. PUBLIC HEARINGS: Mr. Suk statecN Association with Council. he received a petition from individuals of the Aspen H eowner's signatures. He explained that the petition would be rwarded to the City Ms. Baker stated that th aF 2000, She explained that Street, which has previously Works Department is in the or not the removal of the coi the study in order to make a icant has asked that the request applicant has asked to remove a een shown on the general dev pletion stages of doing Zssii sit ec' n is feasible. She exec 'co endation to the C Mr. Suk asked if the applicant agreed khave the Ms. Baker responded yes. as i er 27, �e/abled until September 27, P6adway connection to 4a' pment plan. The City Public ility report to determine whether that staff needs the outcome of tabled until September 27, 2000. Mr. Suk stated that the Corgrinission received a memo from MnNOT, dated September 12, 2000, from staff. The memo ind' ates that the project would acquire p of the property or all of the property for the 2nd Strapt SW, TH 14, and Salem Road improve m nts. The memo is on file at the Rochester-OlmstedPlanning Department. Ms. Fogarty state hat she looked at an aerial photograph of the area question and found that MnDOT pla s on only taking some of the green space that is along a frontage road. The building will sf be located on the property. /staeport ogarty presented the staff report, dated September 8, 2000, to a Commission. is on file at the Rochester -Olmsted Planning Department. ated that the property was approved, in 1978, for a planned unit de lopment for ms and a dentist office. In April of 2000, the applicant petitioned to all office and . Only the office use was approved at that time. REQUEST FOR COUNCIL ACTION MEETING DATE: 10/2/00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS CITY ADMINISTRATOR e , a ITEM DESCRIPTION: 2001 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PREPARED BY: APPROPRIATION T. SPAETH Attached for your information is a copy of the tabulation of the individual Councilmember appropriation forms. It has been the past practice of the Council to fund those projects which received four or more votes. The total 2001 CDBG award is estimated at $600,000. On the attached tabulation form, we have included a column entitled "Four or More Votes Rounded." In this column, I have rounded to the nearest hundred the average amount based on the individual appropriation of Councilmembers. These appropriations totaled $309,300. The following is a summary of the recommended appropriations receiving four or more votes from Councilmembers: Public Service Requests Aldrich Memorial Nursery School $ 5,100 ARC Southeastern Minnesota $ 6,100 Channel One $ 3,200 Child Care Resource & Referral (CCRR) $ 30,700 Community Youth Mentorship Program $ 6,300 Family Action Collaborative (FACES) $ 13,300 NAMI Ohnsted County $ 4,300 Olmsted Community Action Program (CAP) $ 6,000 PossAbilities of Southern Minnesota $ 3,900 Rochester Area Disabled Athletics & Recreations (RADAR) $ 5,100 Barrier Removal/Rehab/Actiuisition/Econ. Development City Park & Recreation Department $ 39,300 Friends & Quarry Hill Nature Center $ 14,300 SE MN Center for Independent Living (SEMCIL) $ 16,400 Ability Building Center (ABC) $ 14,000 Ohnsted County HRA $ 13,600 Samaritan Bethany, Inc. $ 23,300 SE MN Center for Independent Living (SEMCIL) $ 28,600 Senior Citizens Services, Inc. $ 21,800 Zumbro Valley Mental Health Center, Inc. $ 11,800 Bear Creek Services Foundation $ 19,300 Hiawatha Homes Foundation, Inc. $ 22,900 TOTAL $309,300 There is $5,700 remaining to be appropriated Staff suggests that this amount be added to the City of Rochester Park & Recreation Department which would bring their total appropriation to $45,000. These appropriations are in addition to the $250,000 in the Citys Single Family Rehab Program and $35,000 for CDBG program administration. COUNCIL ACTION REQUESTED: /j � j l/i ( 4 Approval of the 2001 CDBG appropriations as described above. COUNCIL ACTION: Motion by: Second by: to: U) Z O Q_ a 0 CL a IL Q z Z_ F3 Z LL U N 9 9 9 a 0 a a 0 0 a w 1'f O N n m m � n n a A m A A w O p roroaa m min riomm W r n N A N N N I% O T O O 0 0 m 0 0 0 0 0 o m o ~ V N N K A < N D N Cal 1�1 CNl O O O O 0 0 0 S 0 S W o 0 e e 0 0 o 0 0 0 0 Z V O VI N m' m O< 10 W N 0 0 0 0 0 0 0 0 0 0 0 N O O O O O O N O O N o N N N N N^ G N G N IN R 0 a 9 a c o o m 9 9 O O a v o e n.0. w v m OR. n W p Z 0 O n n m N N n n n n o m m m m 0 A m g O m O m A m m fV Cf I� m A fV m m N 0 p 0 0 0 0 p 0 0 0 p 0 9 0 0 O O O N O 9 p O n N O O n O N 001 0 INm O N 9N iN�l � O O O O O O O O O O O O 0 0 0 0 Soo 0 0 0 0 00 0 PAN NRNVV RN x o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0a g 0 0 0 0000 0o n0$m 000`Ri_ O f N J 0 0 0 p O O O p m 0 0 m 0 m O O O O O O O 0 9 0 0 0 0 0 0 0 0 O o O O o O. 0 0 9 o O w O O O O O O O O c O O O O O O O"9 O O pp -j N N Y N N O N n N N p Cmi N N N N N N p N N O 0 0 2 X o 0 0 0 0 0 0 0 0 0 0 0 0 0 0$$ S 0 0 9 o N o 0 0 0 0 m 0 a O N N 0 0 m m 0 0 U Yl M N p III o Ip 17 N N N N N O N N m O N f C o o O O O O o O O o 0 O O C C 0p 0 0 0 0 0 o a o o O O N O O o o O O YI N y N N nl O V r Y Y b g N R R N N R R N o o a o 0 0 0 E 0 0 0 A Q o 0 0 0 0 0 0 0 Y o00 0 00 o g25 0 0 tp N N O N N m N n S N N Vm1 W x 0 0 t) NSm N N y O G S Sp 00 00000080 S OQ a O OO 6 O O o O p O a p pO ,O pSp O 9 p N O C N M N N N m m V N � N N N N N M N N N) �O N N N N M N N N N M N M N M N J J Q pZ y 6 O p cQ U J O J 0 m m O 'c 0 = O c m� E y� 5 Ua 0 V E U L�, < m c � m c m r $ a s e 0 .R a LL n c$ 1 p 8 m m m U 0 l'v N w 0 w °„ a E a 12 x c c t °� V A c E 8 m o x� ci —` m E m M 9 c a w W 2 E R m 9 u LL 5 N E. fll p E m O T Ip !a 5 g 2 v a m m m m i o m E m w 0: m 0 E c 0 m E m= m N c crY �. 2 m a U m b o 6 2 J SOU E T �O �'-9 ww a c L v&,� aU Q U W E 2< ' c `m m U m E 9 E- u Z c E E. E m 7 Q T J C1 N IG `m I) C en R fl n [R M w� m T REQUEST FOR COUNCIL ACTION MEETING (o I DATE: 10-02-00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. BLIC HEARINGS PLANNING e - 3 _M DESCRIPTION: Type III, Phase 11 Amendment to the Final Plan for the PUD R-40 to allow PREPARED BY: the building to be used for the purpose of a Christian Bookstore. Currently the use of the Theresa Fogarty building is restricted to uses which are considered "Office Uses". The building address is Planner 1617 Skyline Drive SW. September 26, 2000 City Planning and Zoning Commission Recommendation: On September 13, 2000, the City Planning and Zoning Commission reviewed this request to amend the final plan for the PUD R-40 to use the property for "Retail Trade", for the purpose of a Christian Book Store. Staff suggested to the City Planning and Zoning Commission that if they chose to amend the PUD R-40 that would allow a "Retail Trade" use, the following conditions should apply: 1. The use be approved for a Christian Bookstore only. 2. The use be limited to the following hours: Monday through Friday 9:00 a.m. - 8:00 p.m. Saturday 9:00 a.m. - 6:00 p.m. Sunday 11:00 a.m. - 5:00 p.m. Mr. Don Weinrich, the applicant, and the applicants representative, Mr. Mac Hamilton, addressed the Commission. Mr. Weinrich explained that the location is perfect for a Christian bookstore, as there are religious oriented people already finding their way to and from the neighborhood. The applicant is agreeable to staff suggested limitations of hours of operation. Mr. Jim Conway, a Remax Realtor and Ms. Fysk, the proposed proprietor of the Christian book stare, addressed the Commission. Ms. Fysk explained that her objective is to become more of a use to the community. Mr. Pat Capella, Ms. Mary Lou Capelle and Ms. Barbara McLeod residents of the Walden Townhomes, located directly west of the PUD, addressed the Commission. They stated they are not against Christian bookstores, but expressed concerns with renovation of the structure, signage, extended hours of operation, limited street access and lighting for customer security. Mr. McGowan moved to recommend denial of Type III, Phase II Amendment to Planned Unit Development R-40 based on staff -suggested findings. Mr. Werven seconded the motion. The motion carr. d 6-0. tt' 7�{ ce/vr�'`tr� tf/arr Staff -suggested findings are listed in the staff report. h e 47 ) Planning Department Review and Recommendation; • r�l�,� «K f See attached staff report, dated September 8, 2000. Council Action Needed. 1. The Council may approve, approve with conditions, or deny this request. If the Council wishes to proceed with the proposed amendment, it should instruct the City Attorney to prepare a resolution authorizing the changes to the approved plan. If the Council wishes to deny this amendment, it should instruct the City Attorney to prepare a resolution and findings of fact that support denial of the proposed amendment. COUNCIL ACTION: Mouanby:� l�`��LiT Second by: r 10 '-Walden 7own6mes �,9ssoeia{ion 1703-1711 'Walden. Lane S{W Torliesler, vbt'N SS9O2 September 29, 2000 to: Common Council of the City of Rochester,MN from: Walden Townhomes Association re: request for Amendment to PUD R-40 to allow the Weinrich Building, 1617 Skyline Dr. SW, to be used for the purpose of "retail trade" as a Christian book store when the building is restricted to uses considered 'office use' The homeowners at Walden Townhomes, 1703 - 1711 Walden Lane SW, wish to voice strong opposition to the proposed amendment for a usage category, at the Weinrich Building, to include 'retail trade'. Based on the findings of research done by city staff,".... this proposed 'retail trade' use for a Christian Book store is inconsistent with uses typically located in low density residential districts. Staff recommends that the use category is inappropriate for this location..." and, "according to the Land Development Manual, "retail trade' is not permitted in a low density residential district'. Based, also, on criteria cited by the City Planning Department for Type III Development, the attached fifteen criteria, compiled by the residents of Walden Townhomes, offer evidence that this council should deny the application for a change in zoning. We, the residents of Walden Townhomes, oppose this proposed change and implore you to uphold the previous two rulings, made in April, 2000 and in September 2000, to limit the use of the Weinrich Building to "office uses Sincerely, a& C 10 On April 3rd, 2000 a PUD Amendment was approved allowing the existing dental office at 1617 Skyline Dr. SW to be used for "office uses'. The request for other "business uses" was denied by the City Council. On September 13, 2000 a request to allow the building to be used as "retail trade" was brought forward. This request was denied by the Planning & Zoning Commission. based 1. adjacent land uses include churches, condo., & single family dwellings 2. "retail trade' is not compatible and is not permitted in a low density residential district (see Land Development Manual) 3. even a low traffic generator will plug an already congested Mayo access at both the 2nd St. and 6th St. intersections 4. will generate frequent truck traffic 5. will create additional traffic during evening hours 6. no buffer will be adequate to protect the privacy of our homes - i.e. interior traffic circulation & parking areas, utility areas such as refuse, noise, glare of incoming headlights, potential safety hazards,close proximity/adjacent land uses are incompatible 7. no off street parking that is not already occupied at peak times by three surrounding churches 8. loading areas directly aligned with view from townhomes 9. exit/entry driveway situated less than 30' from private drives of townhome owners 10. adverse impact of headlight glare upon every entrancelexit 11. inconsistent with requirements for zoning district in regard to signage and general retail trade appearance (posters in windows, window dressings for advertisement, banners when the new curriculum is in or semi-annual clearance is in progress) 12. store hours up to 9:00 am-9:00 pm seven days a week/heavy traffic at peak sales times 13. offensive security lighting for customers (cont.) ift 40 14. 50' proximity & clear view of "utility area" from raised 9ft. windows 15. puts neighborhood at risk for undesirable building occupants in the future I IN�D �1YY�p1y� I , ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 ADMINISTRATION/ 5071285-8232 PLANNING GIS/ADDRESSING/ 5071285-8232 MAPPING TO: City Planning and Zoning Commission HOUSING/HRA 5071265-8224BUILDING CODE 5071285-8213 FROM: Theresa Fogarty, Planner J wELIJSEPTIC 507285-8345 g Y� FAX 5071287-2275 DATE: September 8, 2000 RE: Type III, Phase II Amendment to Planned Unit Development R-40 to allow the building to be used for the purpose of a Christian Bookstore. Currently the use of the building is restricted to uses which are considered "Office Uses". The building address is 1617 Skyline Drive SW. Planning Department Review: Petitioners: Weinrich Properties Donald Weinrich 1617 Skyline Drive SW Rochester, MN 55902 Location: The property is located west of T.H. 52 and north of Skyline Drive SW. Referral Comments: No objections received from referral agencies. Attachments: Location Map Copy of Section 62.708 Original Resolution, dated July, 1978 Approved Amendment, Resolution, dated April, 2000 PUD Summary: The Planned Unit Development (PUD) Final Plan for this property was approved in 1978, which included five condominiums and a dentist office. When the PUD was approved by the City Council in 1978, one of the conditions specified that: "The dental clinic shall be used only for its intended use. Changes to the use of the building shall be subject to approval by the Planning Commission and City Council as an amendment to the PUD". On March 1, 2000 a PUD Amendment request was submitted to allow the existing dentist office to be used for other business and office uses. At their April 3rtl meeting, the City Council approved the PUD Amendment request allowing an existing dentist office to be used for "office uses" and denied the request for other "business uses". AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER ..ww `(�� Page 2 l6 1 PUD R-40 Amendment September 8, 2000 The adjacent land uses include churches, condominiums and single family dwellings. Aside from this PUD, the surrounding area is zoned R-1 (Mixed Single Family District). The applicant is now requesting approval to use the property for 'Retail Trade", for the purpose of a Christian Book Store. Use Categories: Sections 62.144 of the Rochester Zoning Ordinance and Land Development Manual (LDM) define 'Retail Trade" as follows: Retail Trade: Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. These establishments are characterized by the following: 1) they buy and receive as well as sell merchandise; 2) they may process some products, but such processing is incidental or subordinate to the selling activities; and 3) they predominantly sell to customers for their own personal or household use. Criteria. Analysis and Recommendation: According to Section 60,326 of the LDM, changes to a PUD, other than minor changes, shall be evaluated utilizing the applicable criteria for incentive or restricted developments. Section 62.708 includes the Preliminary Plan and Final Plan criteria for a Restricted Development, a copy of which is attached. Use Change: Since the request to change the use of the building does not include new construction, some of the criteria in Section 62.708 do not apply. The applicable criteria, in this case, are: • Residential Traffic Impact • Traffic Generation Impact • General Compatibility In measuring the general compatibility of the proposed uses to the surrounding neighborhood, staff researched the uses allowed within the low density residential zoning district. The use category 'Retail Trade" is not permitted within the low density residential zoning districts. The proposed "Retail Trade" Use for a Christian Book Store is inconsistent with uses typically located in the low density residential districts. Staff recommends that the use category "Retail Trade" is inappropriate for this location since uses within this category are not allowed within low density residential zoning districts. Staff recommends the following findings to these criteria: Residential Traffic Impact: Staff has reviewed the residential traffic impact and feel that the access to the Christian Book Store will be accessed from the frontage road along the east of this property and not from the existing neighborhood to the west. Traffic Generation Impact: Staff has reviewed the traffic generation impact and feel that a Christian Book Store will mostly likely be a low volume traffic generator. General Compatibility: According to the Land Development Manual, "Retail Trade" is not permitted in a low density residential district. loyPage 3 - _ ": PUD R-40 Amendment September 8, 2000 62,708 Criteria for Type III Developments: In determining whether to approve, deny, or approve with conditions an application, the Commission and Council shall be guided by the following criteria: 1) Preliminary Development Plan Criteria: a) Capacity of Public Facilities: The existing or future planned utilities in the area are adequate to serve the proposed development. b) Geologic Hazards: The existence of areas of natural or geologic hazard, such as unstable slopes, sinkholes, floodplain, etc., have been identified and the development of these areas has been taken into account or will be addressed in the Phase II plans. c) Natural Features: For developments involving new construction, the arrangement of buildings, paved areas and open space has, to the extent practical, utilized the existing topography and existing desirable vegetation of the site. d) Residential Traffic Impact: When located in a residential area, the proposed development: 1) Will not cause traffic volumes to exceed planned capacities on local residential streets; 2) Will not generate frequent truck traffic on local residential streets; 3) Will not create additional traffic during evening and nighttime hours on local residential streets; e) Traffic Generation Impact: Anticipated traffic generated by the development will not cause the capacity of adjacent streets to be exceeded, and conceptual improvements to reduce the impact of access points on the traffic flow of adjacent streets have been identified where needed. f) Height Impacts: For developments involving new construction, the heights and placement of proposed structures are compatible with the surrounding development. Factors to consider include: 1) Will the structure block sunlight from reaching adjacent properties during a majority of the day for over four (4) months out of the year; 2) Will siting of the structure substantially block vistas from the primary exposures of adjacent residential dwellings created due to differences in elevation. g) Setbacks: For developments involving new construction, proposed setbacks are related to building height and bulk in a manner consistent with that required for permitted uses in the underlying zoning district. h) Internal Site Design: For developments involving new construction, the preliminary site layout indicates adequate building separation and desirable orientation of the buildings to open spaces, street frontages or other focal points. r Page 4 i I PUD R-40 Amendment September 8, 2000 Screening and Buffering: The conceptual screening and bufferyards proposed are adequate to protect the privacy of residents in the development or surrounding residential areas from the impact of interior traffic circulation and parking areas, utility areas such as refuse storage, noise or glare exceeding permissible standards, potential safety hazards, unwanted pedestrian/bicycle access, or to subdue differences in architecture and bulk between adjacent land uses. j) Ordinance Requirements: The proposed development includes adequate amounts of off-street parking and loading areas and, in the case of new construction, there is adequate landscaped area to meet ordinance requirements. k) General Compatibility: The relationship of the actual appearance, general density and overall site design of the proposed development should be compared to the established pattern of zoning, the character of the surrounding neighborhood and the existing land forms of the area to determine the general compatibility of the development with its surroundings. 2) Final Development Plan Criteria: a) Public Facility Design: The design of private and public utility facilities meet the requirements and specifications which the applicable utility has adopted. b) Geologic Hazard: Engineering means to deal with areas of geologic hazard have been incorporated into the development plan or such areas have been set aside from development. c) Access Effect: Ingress and egress points have been designed and located so as to: 1) Provide adequate separation from existing street intersections and adjacent private driveways so that traffic circulation problems in public right-of-ways are minimized; 2) Not adversely impact adjacent residential properties with factors such as noise from accelerating or idling vehicles or the glare of headlights from vehicles entering or leaving the site. In addition, where the preliminary development plan identified potential problems in the operation of access points, plans for private improvements or evidence of planned public improvements which will alleviate the problems have been provided. d) Pedestrian Circulation: The plan includes elements to assure that pedestrians can move safely both within the site and across the site between properties and activities within the neighborhood area, and, where appropriate, accommodations for transit access are provided. e) Foundation and Site Plantings: A landscape plan for the site has been prepared which indicates the finished site will be consistent with the landscape character of the surrounding area. - lobPage 5 - -'`• PUD R-40 Amendment September 8, 2000 f) Site Status: Adequate measures have been taken to insure the future maintenance and ownership pattern of the project, including common areas, the completion of any platting activities, and the provision of adequate assurance to guarantee the installation of required public improvements, screening and landscaping. g) Screening and Bufferyards: The final screening and bufferyard design contains earth forms, structures and plant materials which are adequate to satisfy the needs identified in Phase I for the project. h) Final Building Design: The final building design is consistent with the principles identified in preliminary development plan relative to Height Impact, Setbacks, and Internal Site Design. Internal Circulation Areas: Plans for off-street parking and loading areas and circulation aisles to serve these areas meet ordinance requirements in terms of design. j) Ordinance Requirements: The proposed development is consistent with the requirements of the underlying zoning district for similar uses in regards to signage and other appearance controls, and with general standards such as traffic visibility and emergency access. (ab ��c 1--oa-0-3 RESOLUTION WHEREAS, Donald Robert Weinrich requests' an amendment to Planned Unit Development R-40 to allow an existing dentist office to be used for other business and office uses; and, WHEREAS, the City Planning and Zoning Commission, at its March 8, 2000, meeting, determined that the proposed amendment only as to office uses is appropriate and complies with the standards provided by Section 61.146 of the Rochester Code of Ordinances; and, WHEREAS, the Commission recommended denial of the applicant's request to allow the existing dentist office to be used for other business uses; and, WHEREAS, the Common Council concurs with the Commission's findings and recommendations; NOW, THEREFORE, BE IT RESOLVED by Common Council of the City of Rochester that Planned Unit Development R-40 is amended to allow an existing dentist office to be used for office uses. BE IT FURTHER RESOLVED that the hours of operation for the office uses will be 6:00 a.m., to 6:00 p.m., Monday through Saturday. BE IT FURTHER RESOLVED that the applicant's request to- allow the existing dentist office to be used for other business uses is denied. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS 3,ea DAY OF &IL�L 2000. SIDENT OF SA COMMON COUNCIL ATTEST: _C44d& CITY CLERK APPROVED THIS 49 DAY OF , 2000. MAYOR SAI CITY (Seal of the City of Rochester, Minnesota) , .'cne_'=%PUD.emendQ Page 2 City Planning and Zoning Comrnission Minutes Hearing Date: September 13, 2000 A person from the audience expressed his dissatisfaction of individuals not being skk with regard to the annexation request. Mr. Suk stated that he receive a petition from Association with 28 signatures. explained Council. to gals of the Aspen Homeowner's petition would be forwarded to the City 10 Ms. Baker stated that the applicant ha ed that the request be tabled until September 27, 2000. She explained that the appl' nt ha sked tc remove a roadway connection to 4a Street, which has previously beofshown on general development plan. The City Public Works Department is in the mpletion stages o Ding a feasibility report to determine whether or not the removal of the onnection is feasible. S explained that staff needs the outcome of the study in order to e a recommendation to the mmission. Mr. Suk asked ' e applicant agreed to have the item tab until September 27, 2000. Ms. Bake esponded yes. F aver movedto table Amendment to General Development n (GDP.) #170 known agleRidge to September 27,2000. Mr Burke seconded the'mo n. Themotionced 8-0. be used for the V restricted to uses Skyline Drive SW. Mr. Suk stated that the Commission received a memo from MnDOT, dated September 12, 2000, from staff. The memo indicates that the project would acquire part of the property or all of the property for the 2ie Street SW, TH 14, and Salem Road improvements. The memo is on file at the Rochester -Olmsted Planning Department. Ms. Fogarty stated that she looked at an aerial photograph of the area in question and found that MnDOT plans on only taking some of the green space that is along the frontage road. The building will still be located on the property. Ms. Theresa Fogarty presented the staff report, dated September 8, 2000, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Ms. Fogarty stated that the property was approved, in 1978, for a planned unit development for 5 condominiums and a dentist office. In April of 2000, the applicant petitioned to allow office and business uses. Only the office use was approved at that time. Page . • V City Planning and Zoning Commission Minutes Hearing Date: September 13, 2000 Ms. Petersson asked if the change would only allow a Christian bookstore. Ms. Baker stated that staff would like to limit the type of bookstore on the site. She explained that a general bookstore could generate a lot more traffic than a religious bookstore. Ms. Suk questioned if limiting the business to a Christian bookstore would be discriminatory. Ms. Baker responded that the Commission could change the description to a "religious bookstore". The applicant's representative, Mack Hamilton of 400 South Broadway, addressed the Commission. The applicant, Mr. Don Weinrich, also addressed the Commission at the same time. Mr. Hamilton stated that they are aware of the restrictions on the property. He stated that Mr. Weinrich's father developed the property 22 years ago to house his personal dental office. He explained that restricting the building to a dental office limits his marketability of the building. Mr. Hamilton stated that he realizes that there is a lot of resistance from the neighborhood to have a retail use on the property, as it is too broad of a nature. He stated that the building, as a dental office, had 23 employees in all. The dental office had 90 to 110 patients a day. Therefore, the traffic coming into the area would be reduced 60 to 70 cars per day. The traffic would come into the property from the frontage road. Mr. Weinrich explained that the location is perfect for a Christian bookstore, as there are religiously oriented people already finding their way to and from the neighborhood. Mr. Jim Conway, a Remax realtor, addressed the Commission. He explained that he is in a partnership with the transaction assisting Ann Fysk and Rob Hadorf in locating the bookstore at the Weinrich building site. Mr. Conway gave Ms. Fysk's religious background and Mr. Hadorrs background. Mr. Conway stated that the bookstore would enhance the neighborhood and that it is compatible. Mr. Conway stated that he spoke with Ms. Capella. He indicated that she is concerned about compatibility and what different types of retail sales could be placed in the building. He indicated that they are very interested in having a good relationship with the neighbors. Ms. Fysk explained that her objective is to become more of a use to the community. Mr. Slaver asked if the applicant is concerned with staffs suggested limitations on hours of operation. Mr. Conway responded that they would like the business to be open from 11:00 a.m. to 5:00 p.m. on Sundays. The other suggested hours are acceptable. Page 4 City Planning and Zoning Conunission Minutes Hearing Date: September 13, 2000 Mr. Pat Capelle and Ms. Mary Lou Capelle, of 1705 Walden Lane, addressed the Commission, Also, Barbara McLeod, the former President of the Walden Townhome Association, addressed the Commission with the Capelles. Mr. Capelle stated that he is the current President of the Walden Townhome Association. He stated that there are 5 units in the townhome. Mr. Capelle stated that they are not against Christian bookstores. He indicated that the main concern is having retail in the building. He expressed the following concerns: ➢ Noise from incoming and outgoing traffic. ➢ Lights from the building shining into the townhomes. The townhomes' decks overlook the building. Also, all his bedroom windows face the building. ➢ The lack of privacy, if the business is open evenings and weekends. ➢ Larger and lighted signs. ➢ If the bookstore doesn't work out, there is a potential for other retail business to be placed there. Mr. Suk stated that, if the request was approved, it would be a very restrictive use. Only that type of enterprise could be located there. Mr. Capelle expressed concerns with regard to religious materials. He also expressed concern with the applicant asking for another amendment to the PUD, since the Council denied a similar request in April 2000. Ms. Mary Lou Capelle stated that she was not fully aware of the intent of the meeting until 5:00 p.m. Therefore, she did not have time to gather a lot of information. She stated that she did not know that a purchase of the building was pending. Ms. Capelle expressed the following concerns: ➢ Renovation of the structure ➢ Signage ➢ Extended hours of operation ➢ Limited street access ➢ Lighting for customer security Ms. Capelle stated that the Weinrich building is 50 feet from the access into the townhomes. There is a buffer on the opposite side of the building. However, their patios overlook the roof of the Weinrich building and gain additional lighting from the building. Ms. Barbara Mcleod, of 1711 Walden Lane SW, addressed the Commission. She stated that her main concern is that, each time a request comes forward regarding the PUD restrictions, the requests get worse for the neighborhood. Mr. Suk closed the public hearing. Mr. Burke asked staff what restrictions there would be placed on the signage of the property. Page 5 City Planning and Zoning Commission Minutes Hearing Date: September 13, 2000 Ms. Fogarty responded that, if the applicant wanted to change the present signage on the property, they would have to request an additional amendment to the PUD, which would trigger another public hearing. Mr. Burke asked if the existing signage would be the maximum amount of signage they could have. Ms. Baker responded that the applicant could replace the same size and amount of signage that is presently there. Mr. Burke asked that, if the signs are not lit at the present time, the applicant could not add lighting to them now. Ms. Baker responded that he was correct. Ms. McGowan asked if the applicant proposes to put lighting in the parking lot. Ms. Baker responded that no proposals have been made to change the lighting in the parking lot. She explained that either a staff review or a public hearing would need to take place if it were changed. She indicated that, if the Commission feels that the lighting in the parking lot is an issue that should be reviewed publicly, she suggested that they specify so. She explained that there are minor amendments to PUDs that can be reviewed and approved by staff. Ms. McGowan asked if there is currently lighting in the parking lot. Ms. Capella responded that there is some lighting. However, there are no overhead lights, Mr. Suk stated that the public hearing has been closed and apologized for taking additional testimony. Mr. Burke asked if the signage on the property would be taken in the Highway 52 acquisition. Ms. Fogarty responded no. Mr. Hamilton responded no. Ms._McGowan moved to recommend denial of Type III, Phase II Amendment to Planned Uriit�Development R-40 based on staff -suggested findings'; Mr. Werven secondedShe motion: The motion, carried 6d6, IS (—hF by FINDINGS ^ ---� l Resddentlal Traffic Impact:. Staff has reviewed the residential tiraaffJc `Imp act and feel that the,. access to the Christian Book $tore:yriH be accessed from t 1e f[ontagR road. along the :east of this proPerty and not from the Qxisting neighborhood tq the west.. 2- Traffic Generation Impact: Staff has reviewed the traffic generations impact1. and feel that a Christian Book Store will mostly likely be a low volume traffic generatolr; 3. General Compatibility: According to the Land Development Manual; "Retail Trade" is Page 6 • • 1 City Planning and Zoning Commission Minutes Hearing Date: September 13, 2000 not permitted in a low density residential district. Mr. Brent enby presented the staff report, dated September 7, 2000, to the C staff report i on file at the Rochester -Olmsted Planning Department. Mr. 5venby slat that the side wall will not be higher than 14 feet. The st gi be the same heigh s the existing building. Mr. Slaver asked if all bt the landscaping requirements are currentlyjfeing met, Mr. Svenby responded Mr. Joe Bruggenthies, Vice Pr ident of Al's Specialty and addressed the Commission. He ade the following coma) ➢ The building would be us6q for cold ➢ It would house new units (r6creatiot ➢ The landscaping is up to cad ➢ The color of the building will be s c ➢ The building would enhance the i building and not in full view. Mr. Burke asked if the staff Mr. Joe Bruggenthies responded Mr. Staver asked if additional lig and building would and Greg Bruggenthies to the color of the other building as possible. rhood, as the stock would be put inside the would be involved. are acceptable. Mr. Joe Bruegenthies responc196 that there would be a secur, light. However, it would not hinder traffic and would not b very bright. It would not be use as a sales lot. Mr. Steve Kokal, of 811 rthland Lane NE, addressed the Comm sion. He indicated that he is not concerned about a building being proposed. He expressed ncems with regard to the upkeep, maintenance nd general appearance of the business. Mr. Svenby stated at the building would allow the applicant to move stor a items from outside to the b 'ding. He indicated that the Park and Recreation Departm t takes complaints with regard to oxious weeds and grass not being mown. Mr. Kokal opressed concern with regard to the present lighting of the business n\Highh ng the neig orhoods lighting system. Mr. aver stated that he used to live in the neighborhood and the entrance off of 63 is 0 of only two major entrances to Viking Hills Subdivision. Therefore, the businnts a rtain level of appearance for the entire subdivision. He agreed with the need tome of r REQUEST _ -)R COUNCIL ACTION MEETING DATE: 10-2-00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING ITEM DESCRIPTION: Zoning District Amendment #00-13 by RatzlofflBigelow Development. PREPARED BY: The applicant is petitioning to rezone approximately 6.89 acres from the R-1 (Mixed Single Brent Svenby, Family) to the R-2 (Low Density Residential) district to allow for the development of Planner townhomes. The property is located north of Pinewood Road SE, west of 22nd Avenue SE /� and east of the bikeway trail. /(� September 22, 2000 City Planning and Zoning Commission Recommendation: The City Planning and Zoning Commission held a public hearing on September 13, 2000, to consider a zone change request to rezone approximately 6.89 acres from the R-1 (Mixed Single Family) district to the R-2 (Low Density Residential) district. The applicant also submitted an amendment to the South Park General Development Plan and a preliminary plat, which are being reviewed currently with this proposal. The Commission reviewed the zone change request based on the criteria as included in the staff report and recommended approval, with staff suggested findings. Ms. Petersson made a motion to approve Zoning District Amendment #00-13 by RatzlofflBigelow Development with staff -suggested findings. Mr. Burke seconded the motion. The motion carried 6-0. j Planning Staff Recommendation: e attached staff report dated September 6, 2000. Council Action Needetl: 1. The Council may approve or deny thEs petition. The Coune)I's decision must be suppo4te4 by findings based on the criteria list in the Stag deport wti the Couitel� yrlshe;'�c proceed vrith the zone change 6s'pe06jried It should Instruct the City;,Atforttey'�o prepare an ojrtlinance that can be adopted sappofted by findings 'of fact, and conclusions oflaw. Attachments: 1. Staff Report dated September 6, 2000 t� z. Minutes of the September 13, 2000 CPZC Meeting ��. Distribution: 1. City Administrator 2. City Attorney: Legal Description attached 3. Planning Department File 4. Planning Department— GIS 5. Applicant: This item will be considered some time after 7:00 p.m. on Monday, October 2, 2000 in the Council ! Board Chamber at the Rochester — Olmsted Government Center Building 6. McGhie & Betts, Inc. COUNCIL ACTION: Motion by: Seconded by: to: tt iP 1W r rr::�cinm �N>f�a.�I�nrg�1 , ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 TO: CityPlanningand ZoningCommission ADMINISTRATION/ 507/285-8232 PLANNING GIS/ADDRESSING/ 507/285-8232 FROM: Brent Svenby, Planner MAPPING HOUSING/HRA 5071285-8224 BUILDING CODE 507/285-8213 DATE: September 6, 2000 WELUSEPTIC 507/285-8345 FAX 5071287-2275 RE: Zoning District Amendment #00-13 by Ratzloff/Bigelow Development to amend the zoning district for 6.89 acres of land located north of Pinewood Road SE, west of 22"d Avenue SE and east of the bikeway trail. The applicant is proposing to change the zoning designation from the R-1 (Mixed Single Family) District to the R-2 (Low Density Residential) District. Planning Department Review: Petitioner/Owner: Ratzloff/Bigelow Development 706 County Road 3 NW Byron, MN 55920 Consultant: McGhie 8 Betts, Inc. 1648 Third Ave. SE Rochester. MN 55904 Location of Property: The property is located north of Pinewood Road SE, west of 23 d Avenue SE and east of the bikeway trail. Requested Action: The petitioner is requesting to rezone approximately 6.89 acres from the R-1 (Mixed Single Family Residential) district to the R-2 (Low Density Residential) zoning district. Existing Land Use: The site is presently undeveloped and is designated for Low Density Residential development on the Rochester Urban Service Area Land Use Plan. Proposed Land Use: The applicant has submitted a General Development Plan and preliminary plat for this property that shows this site being developed for townhouses (as single attached dwellings) and 4 lots being developed as single family detached homes. The majority of the site, approximately 15.16 acres, is proposed to be platted as an outlot and dedicated to the City. A stormwater detention pond and wetlands are located within the outlot. V AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 I1 Zone Change 00-13 September 6, 2000 A neighborhood meeting was held on August 29, 2000 to discuss this project with area residents and landowners. Adjacent Land Use and North: The property immediately to the north is Zoning: being developed as a detention pond to handle the drainage from the development as well as upstream areas of South Park and South Park Fifth, South: The property to south is being developed with single family attached dwellings and is zoned R- 2 (Low Density Residential) in the City. East: The property to the east is zoned R-1 (Mixed Single Family) in the City. It is designated for Low Density Residential uses and the developed with single family detached homes. West: The property to the west is within the South Park GDP and is zoned R-1 (Mixed Single Family) City. Across the bike trail is property developed as the canine nature park and zoned R-3 (Medium Density Residential) in the City. Transportation Access: The lots have frontage onto a local residential street which intersects with Pinewood Road SE. Pinewood Road SE is designated as a collector street on the ROCOG Thoroughfare Plan. The is also a bike path on the west side of the property. Wetlands: Based on a wetland delineation study submitted and approved in 1993-1994 (#99-34), wetlands exist in the western portion of the site. Additional information is needed to determine if wetlands exist in the northern portion of the property. Referral Comments: 1. No objections regarding the rezoning were received. Report Attachments: Analysis and Staff Suaaested Findings: 1. Location Map 2. Proposed General Development Plan Map 3. Minutes of the neighborhood meeting The property is currently zoned R-1 (Mixed Single Family). The Rochester Urban Service Area Land Use Plan indicates this property as being designated for "Low Density Residential" types of uses. According to the accompanying GDP, the applicant is proposing to use the site for single family attached and detached housing. The R-2 zoning district is consistent with the Low Density Residential land use plan designation. Under the provisions of Paragraph 60.338 of the Rochester Land Development Manual, the Commission shall recommend for approval and the Council shall approve, an application requesting an amendment to the zoning map if the amendment satisfies the following criteria: r AO Page 3 Zone Change 00-13 September 6, 2000 1) The criteria of this subdivision apply to those amendments to the zoning map filed by formal petition. An amendment need only satisfy one of the following criteria: a) The area, as presently zoned, is inconsistent with the policies and goals of the Comprehensive Plan; b) The area was originally zoned erroneously due to a technical or administrative error; c) While both the present and proposed zoning districts are consistent with the Plan, the proposed district better furthers the policies and goals of the Comprehensive Plan as found in Chapters 2 and 3 of the Rochester Urban Service Area Land Use Plan, Chapter 3 of the Housing Plan, and Chapter 10 of the ROCOG Long Range Transportation Plan; or d) The area has changed or is changing to such a degree that it is in the public interest to rezone so as to encourage development or redevelopment of the area. The Rochester Urban Service Area Land Use Plan designates this property as appropriate for `low density residential' types of uses. The proposed zoning of the property to the R-2 (Low Density Residential) district would be consistent with the 'low density residential' land use designation. In addition, It would help further the policies and goals of the Comprehensive Plan and Housing Plan. Rezoning the property promotes the development of mixed densities and styles of housing. 2) The criteria of this subdivision also apply to those amendments to the zoning map riled by formal petition. However, an amendment must satisfy all of the following criteria: a) the permitted uses allowed within the proposed zoning district will be appropriate on the subject property and compatible with adjacent properties and the neighborhood; and The permitted uses allowed within the R-2 zoning district would be appropriate on the property and compatible with adjacent properties. b) the proposed amendment does not involve spot zoning. (Spot Zoning involves the reclassification of a single lot or several small lots to a district which is different than that assigned to surrounding properties, for reasons inconsistent with the purposes set forth in this ordinance, the state enabling legislation, or the decisions of courts in this state). Uses within the R-2 district would be appropriate on the subject property and would be compatible with adjacent properties and the neighborhood. The amendment to R-2 is consistent with the Rochester Urban Service Area Land Use Plan and would not be considered spot zoning. Staff Recommendation: The ability to consider the Zone Change and General Development Plan concurrently allows the City to consider this development proposal as a package. Based upon the accompanying General Development Plan for this site and the findings above, Staff recommends approval to rezone 6.69 acres from the R-1 (Mixed Single Family) to R-2 (low Density Residential). Planning Commission Action Required: The Planning Commission must make a motion to recommend approval or denial of this request. The Planning Commission must also make findings to support this recommendation. This recommendation will be forwarded to the City Council and heard at a later public hearing. Rochester Minutes of the Neighborhood Informational Meeting for South Park Sixth at Willow Creek Middle School on August 29, 2000 1a1 Minnesota In Attendance: See attached attendance list. Purpose: The purpose of the meeting was to introduce the proposed Land surveying townhome development on the balance of the South Park Sixth General Development Plan to the attendees and to answer questions and document Urban - Land Planning concerns or issues that may need further investigation and response. Consulting - Civil Engineering General Discussion: Geotechnical Engineering Mr. Tointon of McGhie &Betts, Inc., made a brief and informal introduction of Construction Material Testing the property and the development process. A copy of the General Development Plan, approved grading plan, and preliminary plat were Landscape Architecture presented for review. • It was noted that the intended use of the balance of developable property is 28 townhomes similar in style to those being constructed in South Park Fifth along Pinewood Road and 4 single family homes. The reason for the single- family homes is related to shoreland regulations in the Zoning Ordinance. It was further explained that the Outlot being created will contain wetlands and the storm water detention basin. Since the detention basin is considered a regional facility the outlot will be dedicated to the City of Rochester. Questions/Comments: Question 1: Will the Bear and Badge Creeks be cleaned out as a part of this project? The conveyance of water in the channel is affected by the trees, brush, and siltation in the creek. Response 1: The project will not clean out the channel areas of the two creeks. Normally the decision to clean a creek to improve the flow is up to the Department of Natural Resources and the Local Governmental Unit and sometimes the US Army Corp of Engineers. Question 2: Will the project regrade the existing drainage channel along the west property line in the proposed outlot? •1648 Third Avenue s.E. Rochester, MN 55904 Tel. 507.289.3919 Fax. 507.209.7333 e-mail. mcghiebetts.com Established 1946 Response 2: This would be a question of the City since the previous grading and construction of the channel was associated with other projects. Question 3: The culvert at Pinewood Road and McQuillian Trail is partially plugged. Will this be cleaned out? Response 3: This culvert will need to be cleaned out. Question 4: The traffic on Pinewood Road has increased dramatically and the people driving the road are doing so at a high rate of speed: What can be done about this? Response 4: This is a policing problem and should be presented to the Police Department now that Pinewood Road and portions of the property along Pinewood Road are in the City of Rochester. Question 5: Where will the sidewalk be along Pinewood Road? Response 5. A bikeway/sidewalk is planned along the north side of Pinewood Road outside of the roadway. Question 6: Gray sludge appears in the water at one residence. What is this caused by? Response 6: This seems to be an unusual problem and the Water Department should be contacted to see if the main lines need to be flushed or the problem is related to internal plumbing. Question 7: Will the townhomes have an association to maintain the site? Response 7. Yes. There will be an association with monthly fees paid to mow the lawns, remove snow, etc. Question 8: There are alot ragweed and other types of noxious weeds along the creek area and around the project site. Who will be responsible for control of the weeds? Response 8: Normally the Park Department is responsible for weed control and any citizen can contact that Department for assistance in controlling noxious weeds and tat! grasses. It should be noted that a number of the questions and concerns raised by the neighbors in attendance relate to issues the applicant does not have control over such as speeds of the traffic on Pinewood Road, improving the flow of the creeks through clean-up of the channels, quality of the water in the homes, etc. It would seem that the City, now that these residences are in the City, should attempt to address these issues. R o c h e s t e r M i n n e s o t a 1648 Third Avenue S.E. Rochester, MN 55904 Tel. 507.289.3919 Fax. 507.289.7333 e all. mcghiebette.wm Established 1945 ! Attendancetoll NEIGHBORHOOD MEETING PROJECT: SOUTH PARK SIXTH DATE: TUESDAY, AUGUST 29, 2000 TIME: 6: 30 P.M. PLACE: WILLOW CREEK MIDDLE SCHOOL ROCHESTER, MN I�3 NAME ADDRESS PHONE NOJFAX NO. 2. 3. n1L Zrr?- bS�S 7. 8. 9. 10. 11. 12. 13. Page 14 City Planning and Zoning Commission Minutes Hearing Date: September 13, 2000 easement. 12. Parkland dedica�trfrbo.e v19.001fred land dedication of land identified as the 3.8 acre park to be dedic a is accessed by public street or the City wishes egin development of the park. . 2K Mr. Brent Svenby presented the staff reports, dated September 6, 2000 and September 7, 2000, to the Commission. The staff reports are on file at the Rochester -Olmsted Planning Department. Mr. Svenby stated that the applicant has agreed with the findings listed in the zone change and general development plan. He indicated that the Commission would need to make three separate motions. The applicant is also in agreement with the conditions recommended on the preliminary plat. Mr. Slaver stated that there were several questions raised relating to drainage and grading issues at the neighborhood meeting. He stated that those questions were deferred to the City. He asked how the issues are dealt with. Mr. Svenby responded that any channel work within Bear Creek or Badger Run would need to be approved by the MN DNR and the Army Coorp of Engineers. Noxious weeds are handled by the Park and Recreation Department. Mr. Harvey Ratzloff, of 4402 6" Street NW, addressed the Commission. He stated that they plan to make an area available to the outlot. The area that would be used for an underground storm sewer will be widened to 25 feet. He stated that he agrees with the staff -suggested findings and conditions on all three applications. With no one else wishing to be heard, Mr. Sulk closed the public hearing. Ms. Petersson moved to recommend approval of Zoning District Amendment #00-13 by Ratzloff/Bigelow Development with staff -suggested findings. Mr. Burke seconded the motion. The motion carried 6-0. Page 15 City Planning and Zcning Commission Minutes Hearing Date: September 13, 2000 Z 1. The Rochester Urban Service Area Land Use Plan designates this property as appropriate for "low density residential' types of uses. The proposed zoning of the property to the R-2 (Low Density Residential) district would be consistent with the "low density residential" land use designation. In addition, It would help further the policies and goals of the Comprehensive Plan and Housing Plan. Rezoning the property promotes the development of mixed densities and styles of housing. 2. The permitted uses allowed within the R-2 zoning district would be appropriate on the property and compatible with adjacent properties. 3. Uses within the R-2 district would be appropriate on the subject property and would be compatible with adjacent properties and the neighborhood. The amendment to R- 2 is consistent with the Rochester Urban Service Area Land Use Plan and would not be considered spot zoning. Ms. Petersson moved to recommend approval of Amendment to General Development Plan #106 by Ratzloff/Bigelow Development known as South Park with staff -suggested findings and conditions. Mr. Burke seconded the motion. The motion carried 6-0. FINDINGS: Criteria A. This GDP proposes a low density residential development, which is consistent with the land use designation on the Rochester Urban Service Area Land Use Plan. A Zoning District amendment is being considered concurrent with this GDP. If the amendment is approved, the types of land use proposed within the GDP would be consistent with the land use designation and zoning for the property. Criteria B. The density of the proposed development is consistent with a low density residential land use designation. The proposed vehicular system is compatible with the existing properties. Criteria C. The development density is consistent with the low density residential land use designation of the Land Use Plan and is generally consistent with the Housing Plan by providing different densities and styles of housing. Criteria D. Access to the site will be provided from McQuillan Court SE, which Intersects with Pinewood Road SE. The adopted ROCOG Thoroughfare Plan designates Pinewood Road as a collector roadway. Criteria E. 1. The only roadway proposed, McQuillan Court SE is being designed as a local residential street which is adequate to handle the anticipated traffic from the development. The roadway serving the development does have access to Pinewood Road SE which Is designated as a lv •7 Page 16 City Planning and Zoning Commission Minutes Hearing Date: September 13, 2000 on the ROCOG Thoroughfare Plan. A collector roadway is designed to carry higher volumes of traffic and it appears that the roadway is adequate to accommodate the additional traffic anticipated to be generated by this development. 2. Utilities are now available to serve the area. Laterals from the utilities in Pinewood Road SE have been extended into McQuillan Drive SE. 3. There is a storm water detention pond shown on the northern portion of the property, which has been partially constructed. The detention pond will ultimately be designed as a regional stormwater management facility. For those areas that do not drain to the detention pond a stormwater management fee will be required. Sidewalk will be required on both sides of all new public roadways and a 5' sidewalk will be required along Pinewood Road SE. Criteria F. Public Works will need to review grading and drainage plans for this property in more detail at the platting stage. The detention pond will need to be sized to serve as a regional facility. Criteria G. The lot, block and density appear to be generally consistent with the land use and the proposed zoning for this property. CONDITIONS: 1. The GDP be revised to provide access to the pond area. This access shall be provided via an Outlot dedicated to the City that is at a minimum 20 feet wide and graded by the Owner/Developer to accommodate vehicular traffic. 2. Parkland dedication for this development shall be met via cash in lieu of land. 3. The applicant investigates the possibility of wetlands on the northern portion of the property and completes the necessary applications prior to the submittal of the final plat for South Park 6th. 4. Revised copies of the GDP be submitted to the Planning Department. Ms. Petersson moved to recommend approval of Preliminary Plat #00-40 by Ratzloff/Bigelow Development to be known as South Park Six with staff -suggested conditions. Mr. Burke seconded the motion. The motion carried 6-0. CONDITIONS: 1. Storm water management must be provided for this development and constructed concurrent with the development of this subdivision. A stormwater management fee will apply to any areas of the development that do not drain to the detention facilities constructed on Outlot A to serve this subdivision. I Page 17 City Planning and Zoning Commission Minutes Hearing Date: September 13, 2000 2. The developer agrees that this subdivision will have an impact upon the City's needs for parkland and that the cash in lieu of land will meet this need. The cash in. lieu of land will need to be paid prior to the recording of the final plat. 3. Outlot A be dedicated to the City. 4. The applicant investigates the possibility of wetlands on the northern portion of the property and completes the necessary applications prior to the submittal of the final plat for South Park 6a'. 5. The plat be revised to provide access to the pond area. This access shall be provided via an Outlot dedicated to the City that is at a minimum 20 feet wide and graded by the Owner/Developer to accommodate vehicular traffic. of Bear Creek. Ms. Mitzi Baker presented the staff reports are on file at the I Ms. Baker explained that the Commissio , dated Septe r 7, 2000, to the Commission. The msted Plan ' g Department. to make two separate motions. Ms. Baker stated that the only uses in the B- oning District that do not need a conditional use permit is a daycare facility. All other uses the 'strict would require a conditional use permit process, which would either be reviewe y staff \eaicn hearing would be held. Ms. Baker stated that 20'" Street a extended the future and connect with Marion Road. Ms. Petersson asked whersRhe access would be located. Ms. Baker responded A east portion of the property. Ms. Baker stated jj(at the applicant submitted a letter identifying some the restrictions of the property. Mr. Burke Aced if the extension of 20'h Street would be the responsibility of Nt a developer. REQUEST )R COUNCIL ACTION MEETING DATE: 10-2-0P AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING S _ JS ITEM DESCRIPTION: Type III, Phase II Amendment to General Development Plan #106 by PREPARED BY: RatzlofflBigelow Development known as South Park. The applicant is proposing to amend Brent Svenby, the approved GDP to allow for the development of townhomes. The property is located Planner north of Pinewood Road SE, west of 22"d Avenue SE and east of the bikeway trail. September 25, 2000 City Planning and Zoning Commission Recommendation: On September 13, 2000 the City Planning and Zoning Commission held a public hearing on this proposed amendment to the South Park General Development Plan. Mr. Harvey Ratzloff addressed the Commission. He stated that he agrees with the staff -suggested findings and conditions. The Commission reviewed this proposal according to the criteria listed in Paragraph 61.215 of the Zoning Ordinance and Land Development Manual. Ms. Petersson made a motion to recommend approval of the Amendment to General Development Plan #106, known as South Park, with staff -suggested conditions and findings. Mr. Burke seconded the motion. The motion carried 6- 0. Conditions: The GDP be revised to provide access to the pond area. This access shall be provided via an Outlot dedicated to the City that is at a minimum 20 feet wide and graded by the Owner/Developer to accommodate vehicular traffic. 2. Parkland dedication for this development shall be met via cash in lieu of land. 3. The applicant investigates the possibility of wetlands on the northern portion of the property and completes the necessary applications prior to the submittal of the final plat for South Park 6th. 4. Revised copies of the GDP be submitted to the Planning Department. Planning Staff Recommendation: See attached staff report dated September 7, 2000. Council Action Needed `ti w { M a q 1. The Council may approve, approve with conditions, okdeny the genaral'development plati:.,The'Council must make flndings based on the criteria listed fn paragraph 61.215 2. If the Council wishes to proceed.wlth tha general devslopment planes proposed,, it should Instruct the City Attorney to prepare a resolution for Council approvah:: m Vqke- 3F C P M 1pmz � a6L6k 4w FAZ,+r� COUNCIL ACTION: Motion by: second by: to: 0 41 Qr � E ai- > w f@f@ I ot - `aaraano NV JSA- s -'- _ T.,yg— � � o m � � m y 71 N 'yt�se Y 'P. / N If Ilk • _ I z unainaa samux , �`� f6WlUfi 6WMULL-.-L--' \ ra \ tt lia JS7z TO: FROM DATE: RE: City Planning and Zoning Commission Brent Svenby, Planner September 7, 2000 '�a,i�aD��ipCti Afees���� tf piiii �mia ♦�a�ry�10��mUIH 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 5071285-8213 WELUSEPTIC 5071285-8345 FAX 507/287-2275 Amendment to General Development Plan #106 known as South Park Planning Department Review: Applicant/Owner: Designers: Size and Location: Existing Land Use: Ratzloff-Bigelow Development 706 County Road 3 NW Byron, MN 55920 McGhie & Betts, Inc. 1648 3 d Avenue SE Rochester, MN 5504 The area includes approximately 22 acres of land, located north of Pinewood Road, east of the bike trail, and west of 22nd Avenue SE. The site is presently undeveloped land. The site has been rough graded and construction of the stormwater detention has begun. Proposed Use: The proposed GDP amendment encompasses approximately 22 acres of land- The approved GDP shows 26 single family lots while the proposed amendment is to have 28 lots for townhomes and 4 lots single family detached dwellings. Land Use Plan: This property is identified for "Low Density Residential" uses on the Rochester Urban Service Area Land Use Plan Map, Zoning: The property is zoned R-1 (Mixed Single Family) on the City Zoning Map. The applicant has filed a zoning district amendment to rezone the property from R-1 to R-2 (Low Density Residential) zoning district. Streets: The Plan proposes new roadway. The roadway is �� AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 is 11 General Development Plan September 7, 2000 Sidewalks: horseshoe shaped connecting to Pinewood Road SE. Sidewalks will be required along all new public roadways and along Pinewood Road SE. Drainage: The General Development Plan identifies existing topography. The elevations range from 1018' on the south adjacent to Pinewood Road SE to 1012' along the north property line. The property generally drains to the west and north. The property will be designed with stormwater collection pipes that will convey stormwater to the detention pond located north of the proposed lots. A stromwater management fee will apply to any areas that don't drain to the detention facilities constructed on Outlot A. Access to needed to be provided to the pond. Detailed grading and drainage plans will be required when the property is platted. Wetlands: Minnesota Statutes now require that all developments be reviewed for the presence of wetlands or hydric soils. The National Wetland Indicator Map was reviewed for this area and identifies the possible presence of wetlands. Based on a wetland delineation study approved in 1993, wetlands exist on the western portion of the site. Any filling of areas within the delineated wetland will require a wetland replacement plan be approved by the LGU. Additional information is needed to determine if wetlands exist in the northern portion of the property. Public Utilities: A 10" sanitary sewer line is located in Pinewood Road SE and laterals are extended into McQuillan Drive SE. Service connections were stubbed out to service this area. A 12" watermain is located in Pinewood Road SE and laterals are extended into McQuillan Drive SE. Parkland Dedication: There is no parkland included within the boundaries of this GDP. The Rochester Park & Recreation Department recommends cash dedication in lieu of land. Referral Comments: 1. Rochester Park & Rec. Dept. 2. RPU Operation Division 3. RPU Water Division 4. Planning Dept. Transportation staff 5. Planning Dept. John Harford 6. Planning Dept. Addressing Staff 7. Rochester Public Works Department 8. MnDOT Report Attachments: 1. Referral Comments (2 letters) M Page 3 General Development Plan September 7, 2000 2. Location Map 3. Approved GDP Map 4. Proposed GDP Map Summary: This General Development Plan (GDP) amendment encompasses approximately 22.05 acres of land. The property has recently been annexed into the City of Rochester. A preliminary plat and a zoning district amendment have also been filed for this property. The zoning district amendment is only for 6.89 acres of the 22.05 acres. The Rochester Urban Service Area Land Use Plan designates this property as appropriate for "Low Density Residential" types of uses. In 1999 Polaris Group completed a floodplain evaluation for Badger Run Creek and the GDP does show the floodway boundary is based on the study. The DNR area hydrologist did review the information submitted by the Polaris Group and concluded that the F000dway boundary shown on the GDP is accurate. The applicant will be sending FEMA a request for a Letter of Map Revision based on the filling of the site. A detention pond is being constructed in the northern portion of the property. This pond,will be designed as a regional pond. Staff Suggested Findings and Recommendation: Paragraph 61.215 of the Rochester Zoning Ordinance and Land Development Manual lists the criteria for approval of a general development plan (see attached section from the newly adopted regulations, which became affective May 15, 1999). Criteria A. The proposed land uses are generally in accord with the adopted Comprehensive Plan and zoning map, or that the means for reconciling any differences have been addressed. A GDP may be processed simultaneously with a rezoning or plan amendment request. This GDP proposes a tow density residential development, which is consistent with the land use designation on the Rochester Urban Service Area Land Use Plan. A Zoning District amendment is being considered concurrent with this GDP. if the amendment is approved, the types of land use proposed within the GDP would be consistent with the land use designation and zoning for the property. Criteria B. The proposed development, including its lot sizes, density, access and circulation are compatible with the existing and/or permissible future use of adjacent property. The density of the proposed development Is consistent with a low density residential land use designation. The proposed vehicular system is compatible with the existing properties. Criteria C. The mix of housing is consistent with adopted Land Use and Housing Plans. The development density is consistent with the low density residential land use designation of the Land Use Plan and is generally consistent with the Housing Plan by providing different densities and styles of housing. Criteria D. The proposed plan makes provisions for planned capital improvements and streets reflected in the City of Rochester's current 6-Year Capital Improvement Program, adopted Thoroughfare Plan, the ROCOG Long -Range Transportation (�5 i Page 4 le General Development Plan September 7, 2000 Plan, Official Maps, and any other public facilities plans adopted by the City. Street system improvements required to accommodate proposed land uses and projected background traffic are compatible with the existing uses and uses shown in the adopted Land Use Plan for the subject and adjacent properties. Access to the site will be provided from McQuillan Court SE, which intersects with Pinewood Road SE. The adopted ROCOG Thoroughfare Plan designates Pinewood Road as a collector roadway. Criteria E. On and off -site public facilities are adequate, or will be adequate if the development is phased in, to serve the properties under consideration and will provide access to adjoining land in a manner that will allow development of those adjoining lands in accord with this ordinance. Street system adequacy shall be based on the street system's ability to safely accommodate trips from existing and planned land uses on the existing and proposed street system without creating safety hazards, generating auto stacking that blocks driveways or intersections, or disrupting traffic flow on any street, as identified in the traffic impact report, if required by Section 61.523(C). Capacity from improvements in the first 3 years of the 6-year CIP shall be included in the assessment of adequacy. The only roadway proposed, McQuillan Court SE. is being designed as a local residential street which is adequate to handle the anticipated traffic from the development. The roadway serving the development does have access to Pinewood Road SE which is designated as a collector roadway on the ROCOG Thoroughfare Plan. A collector roadway is designed to carry higher volumes of traffic and it appears that the roadway is adequate to accommodate the additional traffic anticipated to be generated by this development. 2. Utilities are now available to directly serve the area of the proposed land use, or that the City of Rochester is planning for the extension of utilities to serve the area of the proposed development and such utilities are in the first three years of the City's current 6-Year Capital Improvements Program, or that other arrangements (contractual, development agreement, performance bond, etc.) have been made to ensure that adequate utilities will be available concurrently with development. If needed utilities will not be available concurrent with the proposed development, the applicant for the development approval shall stipulate to a condition that no development will occur and no further development permit will be issued until concurrency has been evidenced. Utilities are now available to serve the area. Laterals from the utilities in Pinewood Road SE have been extended into McQuillan Drive SE. 3. The adequacy of other public facilities shall be based on the level of service standards in Section 64.130 and the proposed phasing plan for development. There is a storm water detention pond shown on the northern portion of the property, which has been partially constructed. The detention pond will ultimately be designed as a regional stormwater management facility. For those areas that do not drain to the detention pond a stormwater management fee will be required. Page 5 General Development Plan September 7, 2000 Sidewalk will be required on both sides of all new public roadways and a 5' sidewalk will be required along Pinewood Road SE. Criteria F. The drainage, erosion, and construction in the area can be handled through normal engineering and construction practices, or that, at the time of land subdivision, a more detailed investigation of these matters will be provided to solve unusual problems that have been identified. Public Works will need to review grading and drainage plans for this property in more detail at the platting stage. The detention pond will need to be sized to serve as a regional facility. Criteria G. The lot, block, and street layout for all development and the lot density for residential development are consistent with the subdivision design standards contained in Section 64.100 and compatible with existing and planned development of adjacent parcels. The lot, block and density appear to be generally consistent with the land use and the proposed zoning for this property. Staff Recommendation: Based upon the above mentioned criteria, the staff would recommend approval of the proposed General Development Plan with the following modification(s): 1. The GDP be revised to provide access to the pond area. This access shall be provided via an Outlot dedicated to the City that is at a minimum 20 feet wide and graded by the Owner/Developer to accommodate vehicular traffic. 2. Parkland dedication for this development shall be met via cash in lieu of land. 3. The applicant investigates the possibility of wetlands on the northern portion of the property and completes the necessary applications prior to the submittal of the final plat for South Park 6th, 4. Revised copies of the GDP be submitted to the Planning Department. (3"? (3� ROCNESTER Minnesota 8/30/00 TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DEPARTMENT OF PUBLIC WORKS 20140 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 an amendment to General Development Plan #106 on the South Park property. The following are the Public Works comments on the proposal: Access to the pond area must be provided, via an Outlot dedicated to the City, that is at a minimum 20 feet wide, and graded by the Owner/Developer to accommodate vehicular traffic. C:%TEMPIGDP106 Amend 8-28.doc DATE: TO: FROM: • ROCHESTER PARK AND ISCREATION DEPAR ENT August 22, 2000 Jennifer Gamess Planning Denny Stotz MEMORANDUM SUBJECT: South Park GDP Ammendment (Drawing Dated 08110/00) Parkland dedication for the revised GDP to be in the farm of cash in lieu of land. REQUEST FOR COUNCIL ACTION MEETING lql ' DATE 10-2-00 -ENDASECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING (C ITEM DESCRIPTION: Preliminary Plat #00-40 by Ratzloff/Bigelow Development to be known PREPARED BY: as South Park Six. This Plat proposes to subdivide approximately 22.05 acres of land into Brent Svenby, 32 lots for low density residential development and 1 outlot. The plat also dedicates the Planner right of way for two public roadways including the extension of McQuillan Court SE. The property is located north of Pinewood Road SE, west of 22"a Avenue SE and east of the bikeway trail. September 25, 2000 City Planninq and Zonin_g Commission Recommendation: The City Planning and Zoning Commission held a public hearing on September 13, 2000 to consider this preliminary plat to allow for 32 lots for a law density residential development and 1 outlot. Mr. Harvey Ratzloff addressed the Commission and stated that he was in agreement with the conditions recommended by staff. The Planning Commission found that this preliminary plat conforms to the criteria listed in the Land Development Manual and recommends approval of this preliminary plat with the following modifications or conditions: 1. Storm water management must be provided for this development and constructed concurrent with the development of this subdivision. A stormwater management fee will apply to any areas of the development that do not drain to the detention facilities constructed on Outlot A to serve this subdivision. 2. The developer agrees that this subdivision will have an impact upon the City's needs for parkland and that the cash in lieu of land will meet this need. The cash in lieu of land will need to be paid prior to the recording of the final plat. 3. Outlot A be dedicated to the City. 4. The applicant investigates the possibility of wetlands on the northern portion of the property and completes, the necessary applications prior to the submittal of the final plat for South Park 6�h 5. The plat be revised to provide access to the pond aroa. This access shall be provided via an Outlot dedicated to the City that is at a minimum 20 feet wide and graded by the OwnerlDeveloper to accommodate vehicular traffic. Ms. Petersson moved to recommend approval of Preliminary Plat #0040 by Ratzloff/Biglelow Development to be known as South Park Six with staff -suggested conditions. Mr. Burke seconded the motion, The motion carries 6-0 / �etir�rLi T Council Action Needed. 1) The Council may approve, approve with conditions, or deny theaand subdivision permit. The Council must make findings of fact based on the criteria included in the staff report. A motion to deny must include supporting reasons for a conclusion that at least one of the fifteen findings for denial in Paragraph 61.225 can be made. den CP z?C rvx;n w� ahlKd� 4v COUNCIL ACTION: Motion by: Second by: to: / f r a r64 a) YJryJ i dO i 9 e n TO: FROM: DATE: RE: i City Planning and Zoning Commission Brent Svenby, Planner September 7, 1999 Bh,rc�� ••�f �.-ac4�1 •��iii,>inon , ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 ADMINISTRATION/ 5071265-8232 PLANNING GIS/ADDRESSING/ 507/285-8232 MAPPING HOUSING/HRA 5071285-8224 BUILDING CODE 5071285-8213 WELUSEPTIC 5071285-8345 FAX 5D7/287-2275 Type III, Phase II, Land Subdivision Permit #00-40 (Preliminary Plat) to be known as South Park Sixth Subdivision. Plannino Department Review: Applicant/Owner: Ratzloff-Bigelow Development 706 County Road 3 NW Byron, MN 55920 Surveyors/Englneers: McGhie & Betts, Inc. 1646 3r° Avenue SE Rochester. MN 5504 Referral Comments: RPU Operations Division RPU Water Division Planning Dept. — Transportation Staff Planning Dept. — John Harford Planning Dept — Addressing Staff MnDOT US West Park and Recreation Dept. Olmsted Co. SWCD Report Attachments: 1. Land Development Manual Excerpts 2. Referral Comments (5 letters) 3. Location Map 4. Copy of proposed GDP Amendment 5. Copy of Preliminary Plat Development Review: Location of Property: The property is located along the north side of Pinewood Road SE, west of 22nd Avenue SE, north of Daliman's First Subdivision. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 South Park Sixth September 7, 2000 Zoning: The property is zoned R-1 (Mixed Single Family) district on the City of Rochester Zoning Map. The applicant has filed an amendment to rezone the property from the R-1 zoning district to the R-2 (Low Density Residential) zoning district. Proposed Development: This development consists of 6.89 acres of land to be subdivided into 32 lots for single family dwellings and 1 outlot. Of the 32 lots, 28 is proposed to be developed with townhomes and 4 with single family detached dwellings. Streets: This plat dedicates right-of-way for two streets. The first street is "McQuillan Court SE". It is designed with a 36' roadway on a 60' right-of-way. This roadway is horseshoe shaped and has access to Pinewood Road SE. The second roadway is the dedication of the Pinewood Road SE right-of-way. The right-of-way is 308.67' in length. This road is identified as a collector on the Thoroughfare Plan. Sidewalks: In accordance with current City policy, sidewalk is required along both sides of all of the new streets in the subdivision. A 5 foot sidewalk will also be required along Pinewood Road SE. Drainage: The site is relatively flat but does drain to the north. Grading and drainage plans will need to be approved by the City prior to the submittal of the final plat. Wetlands: Minnesota Statutes now require that all developments be reviewed for the presence of wetlands or hydric soils. The National Wetland Indicator Map was reviewed for this area and identifies the possible presence of wetlands. Based on a wetland delineation study approved in 1993, wetlands exist on the western portion of the site. Any filling of areas within the delineated wetland will require a wetland replacement plan be approved by the LGU. Additional information is needed to determine if wetlands exist in the northern portion of the property. Public Utilities: Water and sewer can be extended from their present ends in McQuillan Court SE to serve this property. A 10-foot utility easement is shown on the front of each lot. Spillover Parking: As per Section 63.426 of the LDM, all residential development must provide spillover parking for service vehicles and visitors in addition to the required off- street parking. This additional parking may be provided either off-street or on -street. This development requires 27 spillover parking spaces. There appears to l Page 3 South Park Sixth September 7, 2000 be adequate areas to meet this requirement. Parkland Dedication: There is no parkland included within the boundaries of this plat. The Rochester Park and Recreation Department recommend that the parkland dedication requirement for this plat be satisfied by cash in lieu of land. General Development Plan: On August 16, 1999 the City approved an amendment to the South Park GDP which included the property on the north side of Pinewood road SE. The applicant has filed an amendment to the approved GDP to allow the property to be developed with townhomes and single family detached dwellings. This plat is consistent with the GDP amendment that was submitted for review. Staff Review and Recommendation: In 1999 Polaris Group completed a floodplain evaluation for Badger Run Creek and the GDP does show the floodway boundary is based on the study. The DNR area hydrologist did review the information submitted by the Polaris Group and concluded that the Floodway boundary shown on the GDP is accurate. The plat is located in Zone A of the Flood Insurance Rate Map. The applicant will be sending FEMA a request for a Letter of Map Revision based on the filling of the site. A detention pond is being constructed in the northern portion of the property. This pond will be designed as a regional pond Section 61.225 of the Land Development Manual lists the criteria which must be considered by the Planning Commission and the Council when reviewing a land subdivision permit application. In addition, Section 61.226 lists the findings which must be made for the denial of a land subdivision permit. These sections are attached for your information. The Planning Staff would recommend approval of this preliminary plat with the following conditions and/or modifications be imposed on this preliminary plat in order to insure that the above -mentioned criteria are met: 1. Storm water management must be provided for this development and constructed concurrent with the development of this subdivision. A stormwater management fee will apply to any areas of the development that do not drain to the detention facilities constructed on Outlot A to serve this subdivision. 2. The developer agrees that this subdivision will have an impact upon the City's needs for parkland and that the cash in lieu of land will meet this need. The cash in lieu of land will need to be paid prior to the recording of the final plat. 3. Outlot A be dedicated to the City. 4. The applicant Investigates the possibility of wetlands on the northern portion of the property and completes the necessary applications prior to the submittal of the final plat for South Park 6th 5. The plat be revised to provide access to the pond area. This access shall be provided via an Outlot dedicated to the City that is at a minimum 20 feet wide and graded by the OwnerlDeveloper to accommodate vehicular traffic. • 10 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. 1. That the proposed parks, trail thoroughfares and open space dedications are consistent with adopted plans, policies and regulations. J. That the proposed subdivision will not have off site impacts on the street, drainage, water or wastewater systems that exceed adopted standards. K. That the proposed subdivision will not have adverse impacts on the safety or viability of permitted uses on adjacent properties. L. That the proposed land subdivision is designed in such a manner as to allow for continued development In an efficient manner on adjacent undeveloped lands; Effective May 15, 1999 M. That the soils, topography and water tables have been adequately studied to ensure that ali lots are developable for their designated purposes. N. That the proposed land subdivision is consistent with the standards of the City's adopted Comprehensive Plan. O. That any land located within Zone A as shown on the currently adopted Flood Boundary and Floodway Maps of the Flood Insurance Study, Rochester, Minnesota, prepared by the Federal Emergency Management Agency, is -determined to be suitable for its intended use and that the proposed subdivision adequately mitigates the risks of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, or any other floodplain related risks to the health, safety or welfare of the future residents of the proposed subdivision in a manner consistent with this ordinance. 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 0 ROCHESTER Minnesota 8/29/00 TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DEPARTMENT OF PUBLIC WORKS 201 4" Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the requested application for a PP#00-40 # on the South Park Six (Ratzloff/Bigelow Development) property. The following are the Public Works comments on the proposal: 1. Grading and Drainage Plans must be approved prior to Final Plat submittal. 2. Stormwater Management must be provided. The preliminary plat indicates an on -site detention facility on a portion of Outlot A. Construction of the Stormwater Facilities shall take place concurrent with development of this subdivision. A Stormwater Management fee will apply to any areas of this development that do not drain to detention facilities constructed on Outlot A, to serve this subdivision. 3. A Development Agreement has been executed for this property. 4. Outlat A should be dedicated to the City. 5. The plat should include an Outlot access to the proposed pond, dedicated to the City, for maintenance. Charges/fees that are applicable to the development of this property have been addressed in the Development Agreement, with the exception of: Traffic Signs as determined by the City of Rochester Traffic Division. C:7EMP%PP#00-40.d0c recreation �ROCHESTER PARK AND &REATION DEPARTMENT 201 FOURTH STREET SE ROCHESTER MINNESOTA 65904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: August 30, 2000 TO: Jennifer Garness Planning RE: South Park 6th Prelim #00-40 Acreageof plat ......................................................... Number of dwelling units.. ........................................... Dwelling unit density ...........................:...................... Densityfactor........................................................... Dedication............................................................... Fair market value of land ............................................. 22.05 a 32 1.45 units/a .0244 .78 acres $10,000/acre The Park and Recreation Department recommends that dedication requirements be met via: Cash in lieu of land Applicant: RratziofffBigelow Development 706 County 3 NW Byron MN 55920 \\CITY OF ROCHESTER\ CITYHALL\PARK\DSTOT2\2000\DEDICATION\SE 2895\SOUTH PARK 6TH.DOC WETLAND COMMENTS FOR DEVELOPMENT APPLICATIONS Application Number: i nI . PU T X-40 IwL RL (��`A No hydric soils exist on the site based on the Soil Survey _1,�Hydric soils exist on the site according to the Soil Survey. The property owner is responsible for identifying wetlands on the property and submitting the information as part of this application. A wetland delineation has been carried out for the property and is on file with the Planning Department A wetland delineation is on file with the Planning Department and a No - loss, Exemption, or Replacement Plan has been submitted to the Planning Department. A wetland related application has been approved by the City. This plan incorporates the approved wetland plan. No hydric soils exist on the property based on the Soil Survey. However, due to the location in the landscape the property owner should examine the site for wetlands. The property owner is responsible for identifying wetlands. From John Harford Wetlands LGU Representative REQUEST FOR COUNCIL ACTION MEETING 6,3 DATE: 10-2-00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING _ r7 ITEM DESCRIPTION: Type III, Phase II Zoning District Amendment #00-12. The applicant is PREPARED BY: petitioning to rezone approximately 2 acres from the R-1 (Mixed Single Family) to the B-5 Mitzi A. Baker, (Residential Commercial) district to allow for the residentiallcommercial types of uses. Senior Planner The property is located along the east side of 11th Avenue SE (County Road 1), north of the future alignment of 201h Street SE and west of Bear Creek. September 22, 2000 City Planning and Zoning Commission Recommendation: The City Planning and Zoning Commission held a public hearing on September 13, 2000 to consider this zone change. The Commission reviewed the zone change request based on the criteria as included in the staff report and recommended approval, with staff suggested findings. Motion by Burke, seconded by Petersson to recommend approval Zoning District Amendment #00-06, with the finding suggested by Staff. Motion carried 6-0. Planning Staff Recommendation: a attached staff report dated September 7, 2000. ( Council Action Needed: If the Council wishes to proceed with the zone change as petitioned, it should instruct the City Attorney to prepare an ordinance that can be adopted supported by findings of fact and conclusions of law to amend the Zoning District,. Distribution: 1. City Clerk L 2. City Administrator 3. City Attorney: Legal Description attached 4. Planning Department File 5. Yaggy Colby Associates 6. Applicant: This item will be considered sometime after 7:00 p.m. on Monday October 2, 2000, in the Council/Board Chambers at the Government Center, 151 4th Street SE. UNCIL ACTION: Motion By: Seconded By: Action: F:4i tih NVId 1N3WdOl3A30 IVS3N3D € MAI s1 i e�o� 4I YIOS3NNIW'M31S3HDON c oa,? 1 { SMOGV3W 3DmIdS ,j j ! S[e3 i } � lI II a /Fi� �� yys�9 �ppp6 y�C pie ]p]piC gr 6� Y jai Jig jig eieS6SyY9 O � PYg¢Y¢+JY�tl6F j/Q!GCYB e R V `✓ C v ,C ti0 cz_ • a TO: City Planning and Zoning Commission FROM: Mitzi A. Baker, Senior Planner DATE: September 7, 2000 ynit4��iii►�1 H �ex P�ij�� ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 ADMINISTRATION/ 507/285-8232 PLANNING GIS/ADDRESSING/ 5071285-8232 MAPPING HOUSING/HRA 507/285.8224 BUILDING CODE 5071285.8213 WELUSEPTIC 5071285-6345 FAX 507/287-2275 RE: Type 111, Phase 11 Zoning District Amendment #00-12. The applicant is proposing to develop approximately 2 acres of land with uses that are permitted in the B-5 zoning district and the remaining with uses permitted in the R-1 zoning district. The applicant is also petitioning to rezone approximately 2 acres from the R-1 (Mixed Single Family) to the B-5 (Residential Commercial) district to allow for the residential/commercial types of uses. The property is located along the east side of 11"' Avenue SE (County Road 1), north of the future alignment of 20`h Street SE and west of Bear Creek. Planning Department Review: Petitioner: Arnold Somgaars 1530 Greenview Drive SW Rochester, MN 55902 Consultant: Yaggy Colby Associates 717 3 ° Ave. SE Rochester, MN 55904 Location of Property: This property is located along the east side of 11'h Ave. SE (CR 1), north of the future 2e St. SE extension. Requested Action: The applicant requests 2.0 acres be rezoned from R- 1 (Mixed Single Family) to B-5 (Residential Commercial). Existing Land Use: The property is currently undeveloped. A preliminary plat was approved for this property in April 1999 for a single family residential development. A final plat was approved for the northern portion of the property earlier this year. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER 16(o Page 2 September 7, 2000 Proposed Land Use: A General Development Plan is being considered concurrent with this rezoning petition. Adjacent Land Use and The property to the east is zoned R-1 (Mixed Single Zoning: Family) and is the location of Bear Creek. The property to the south is zoned R-3 (Medium Density Residential). Property west of 11t" Ave. SE is developed residentially in the R-1 district. Property to the north is zoned R-1. Transportation Access: The GDP (being considered concurrent with this application) proposes access to the property at two locations. The GDP proposes access along 2e St. SE and also from the residential roadway platted with Spruce Meadows subdivision. Wetlands: There do not appear to be hydric soils within this site. Neighborhood Meeting: A neighborhood meeting was held on August 29, 2000. A summary of the minutes is attached. Referral Comments: 1, Planning Department — Transportation 2. RPU Water Division 3. Rochester Fire Department 4. Olmsted County SWCD Report Attachments: 1. Location Map 2. Area Zoning Map 3. Referral Comments 4. Neighborhood Meeting Summary Analysis for Zoning District Amendment: Under the provisions of Paragraph 60.338 of the Rochester Land Development Manual, the Commission shall recommend for approval and the Council shall approve, an application requesting an amendment to the zoning map if the amendment satisfies the following criteria: 1) The criteria of this subdivision apply to those amendments to the zoning map filed by formal petition. An amendment need only satisfy one of the following criteria: a) The area, as presently zoned, is inconsistent with the policies and goals of the Comprehensive Plan; b) The area was originally zoned erroneously due to a technical or administrative error; c) While both the present and proposed zoning districts are consistent with the Plan, the proposed district better furthers the policies and goals of the Comprehensive Plan as found in Chapters 2 and 3 of the Rochester Urban Service Area Land Use Plan, Chapter 3 of the Housing Plan, and Chapter 10 of the ROCOG Long Range Transportation Plan; or d) The area has changed or is changing to such a degree that it is in the public interest to rezone so as to encourage development or redevelopment of the area. Proposed B-5: Re -zoning 2 acres of this property to the B-5 (Residential Commercial) district is consistent with the current land use designation for this r Page 3 September 7, 2000 (67 /11 property. in addition, re -zoning a portion of this property for Residential Commercial uses provides for a mix of land uses that can result in reducing the need for travel, thus reducing energy costs. 2) The criteria of this subdivision also apply to those amendments to the zoning map riled by formal petition. However, an amendment must satisfy all of the following criteria: a) the permitted uses allowed within the proposed zoning district will be appropriate on the subject property and compatible with adjacent properties and the neighborhood, and Proposed B-5: Uses within the B-5 Zoning District would be appropriate on the property and compatible with adjacent properties b) the proposed amendment does not involve spot zoning. (Spot Zoning involves the reclassification of a single lot or several small lots to a district which is different than that assigned to surrounding properties, for reasons inconsistent with the purposes set forth in this ordinance, the state enabling legislation, or the decisions of courts in this state). Proposed B-5: Rezoning 2 acres to the B-5 would be appropriate on the subject property and would be compatible with adjacent properties and the neighborhood. The amendment would be consistent with the Rochester Urban Service Area Land Use Plan, and would not be considered spot zoning. Staff Recommendation: Based on the findings above, staff recommends approval to rezone 2 acres from R-1 (Mixed Single Family) to B-5 (Residential Commercial). POINT OF CLARIFICATION: The B-5 district does not permit convenience retail uses or repair and maintenance shops. However, these are the ONLY two types of uses that could be proposed through the Restricted Development process. _ Ar ENGINEERS EYRVEY➢APS P CHITECTS jU� August 31, 2000 Ms. Mitzi Baker Rochester -Olmsted Planning Department 2122 Campus Drive SE Rochester, MN 55904 RE: Summary — Neighborhood Meeting Spruce Meadows General Development Plan & Zone Change LANDSCAPE ARCHITECTS PLANNERS Dear Mitzi: A neighborhood meeting was held August 29, 2000 at Yaggy Colby Associates' office regarding the Spruce Meadows General Development Plan and the proposed B-5 zone change area. Two individuals from the neighborhood were in attendance as well as Council Member Dennis Hanson. Mr. Arnold Bomgaars and myself were also in attendance (please see attached sign -in sheet). The layout and zone change were discussed, as well as individual neighbor concerns. The concerns revolved around the use of the B-5 zoning and if an access would be allowed from the B-5 area directly onto I Vh Avenue SE (County Road No. # 1). The concern regarding the B-5 use was directed mainly toward a convenience retail or gas station use. This is technically permitted, but as a restricted development and would require additional hearings before the planning commission and city council for site plan approval. Mr. Bomgaars is planning an office on this B-5 site and the neighbors did not have an objection to that or other uses that would generate less traffic than a convenience retail use. An office would also require a hearing before the planning commission to approve the site plan. ROCHESTER OFFH The second concern was access being directly onto 1Ith Avenue SE. The only access planned for this B-5 area is onto future 20th Street SE. The neighbors did not have an objection to the access 717 Third Avenue being along 20th Street SE. Rochester, MN 559i Other issues discussed were: buffering between the proposed single family homes and the B-5 area, lot size, when home building will begin, heavy traffic at the intersection of 11`" Avenue SE and 16 '/2 Street SE, a traffic light at the 20`s Street SE intersection, and possibly re-routing the 507-288-64 bus line out to I Vh Avenue SE from IO'h Avenue SE. This re-routing was requested as the bus currently goes through the adjacent residential area on lower level residential streets and would Fax 507-288-50 have less impact coming down 11's Avenue SE. Sincerely, YAGGY COLBY ASSOCIATES MASON CITY OFFII 515-424-63 Wade DuMond, Project Designer WCD Fax 5 -03 YCA #7160 LD2 cc Arnold Bomgaars i 48 1 g5q.� From: Charlie Reiter, Transportation Planning Division RE: SPRUCE MEADOWS — Zone Change 00-12; GDP 158, Design Modification The proposed B-5 zoning will permit a higher intensity of non-residential use to be developed on the site than allowed under R-1 zoning, although the types of uses are similar in nature. Notation #5 on the GDP regarding "B-5 Traffic" will become the limiting factor in terms of development intensity, since it is the intention of the applicant to only permit uses which would not exceed a threshold of 100 more peak hour directional trips or 1000 more daily trips than would be generated by the most intense use that could be developed under the current R-1 zoning. These thresholds are based on the language in the LDM which identify when a Rezoning Traffic Analysis needs to be completed. In analyzing the trip generation that could be achieved under existing R-1 zoning and the proposed B-5 zoning, it appears that the controlling condition will be the restriction of no more than 1000 additional daily trips generated for any proposed use above what can occur under R-1 zoning. Based on a site size of 2 acres and a non-residential Floor Area Ratio (FAR) of 0.06 for office uses in the R-1 District, the maximum trip generation for the site currently would be approximately 200 trips per day. Thus, for any use in the B-5 district, the size or intensity of development would be limited such that no more than 1200 trips per day would be expected. Under the B-5 zoning, which has a permitted FAR of 0.25, up to a maximum of 21,000+(- square feet of floor area could be developed, assuming parking, setbacks and landscape area requirements could be met. For an office use of that size, we would estimate trip generation as high as 750 trips per day, depending on the type of office use (medical -dental facilities would have this highest rate). Thus, an office use could be developed at a FAR 0.25 and meet the traffic restriction. We would expect that uses classified as Personal Services or Repair & Maintenance Shops would have similar or lower levels of trip generation and thus could also fully develop to a size of 21,000 if other site development standards were met. For other uses permitted in the B-5, the traffic cap will create a limitation the size of development that can occur. For a Day Care use, the size of the building would need to be limited to no more than 15,000 square feet in order to stay under the cap of no more than 1000 additional trips per day. For a Convenience Retail use, in order to stay under the daily cap of no more than 1000 additional trips, the use would need to be limited to only 2 Vehicle Fueling Positions lie, gas pumps) and 1,500 square feet of floor area. A convenience store larger in size would be expected to generate more than 1200 trips per day and thus would exceed the 1000 trip limitation. The west edge of proposed access point in the southeast corner of the property is estimated to be approximately 305 feet east of the right of way for 111h Ave SE. One concern relative to the design modification proposed would be to insure this access will not be blocked by queuing traffic on the future 201h St. Our 20 year traffic projection for 20'h St once constructed is for 10,g00 vehicles per day. Working through an analysis of expected westbound queuing that would be created by a signal at the intersection of 201h St and 111h Ave, we estimate that the peak hour queue length will be on the order of 175-200 feet, and thus it should not block the driveway. We also analyzed the level of service that would be expected at the intersection created by the proposed access location, which will be mirrored on the south side of the future 20'h St by a driveway serving a proposed 80 unit multi -family development. Based on projected traffic flows at these driveways the resulting Level of Service (a measure of congestion) should meet city standards for unsignalized street intersections. (^O Page 17 ►L� City Planning and Zoning Commission Minutes Hearing Date: September 13, 2000 2. The developer agre for parkland and that land will need to be p y> 4 4.The apPltcant inve property and comp mint 4n Annth Pnrlf. that this subdivision will have an cash In lieu of land will me id for to the recording of , f1n 5. The play be r ed to provide accei via an qpKt dedicated to the City the 0mtFer1DevaIopeF.to accommod permitted in the B-5 zoning district and the remaining with uses permitted In the R-1 Ms. Mitzi Baker presented the staff reports, dated September 7, 2000, to the Commission. The staff reports are on file at the Rochester -Olmsted Planning Department. Ms. Baker explained that the Commission would need to make two separate motions. Ms. Baker stated that the only uses in the B-5 Zoning District that do not need a conditional use permit is a daycare facility. All other uses in the district would require a conditional use permit process, which would either be reviewed by staff or a public hearing would be held. Ms. Baker stated that 20°i Street will be extended easterly in the future and connect with Marion Road. Ms. Petersson asked where the access would be located. Ms. Baker responded the east portion of the property. Ms. Baker stated that the applicant submitted a letter identifying some of the restrictions of the property. Mr. Burke asked if the extension of 20`^ Street would be the responsibility of the developer. Page ig City Planning and Zoning Commission Minutes Hearing Date: September 13, 2000 Ms. Baker responded that the long-term extension of 20r' Street would be a City project. She indicated that the development agreement would outline the responsibility of whether or not the applicant would have to construct it right away or there be a contribution for a delayed construction that the City would actually construct. Mr. Wade Dumond, of Yaggy Colby Association, addressed the Commission. He indicated that he agrees with the staff -suggested conditions, except for Condition Number 3 of the general development plan. He stated that 11t' Avenue SE is a County Road. He does not believe additional right-of-way is needed. He stated that he has tried to contact Mr. Nigbur regarding this, but he was not available. He stated that the Commission could leave it as a condition, but he is trying to work it out with Mr. Nigbur prior to the City Council meeting. With no one else wishing to be heard, Mr. Suk closed the public hearing. Mr. Burkeymoved to recommend approval of Zoning District Amendment #Qi)ti by Arnold Bomgaars wltb ste(f sgggOei64 ti at ngs Ms, etsrssop seconded the mgtiar. !hs motlOrt carried li-0 u FJNDINGS . R ga ,+�T,.zM d('� �S .:, r ." 7 vrX' � '.' •: �� , �7`q "r � i �.+H�'v x1� 1 . Proposed B-5Rg-zoning 2 acre$ of this property tq tfie B 5 (itestdent(al f€ttrnmeToie� dlstrlot Js Conststeot with the current land use designatign fof thus pro ,e T addiBQn,; a-zRiqJng a portion of this pi6pertji fair 0 Identlel, Gom eslitero_la� Lee providfour .A m"Ix oflard yujslgs than racing can result in Te the need #ot trar�ei ktrus T_�di�tr ,„ iry t, "y,1 %DyCyq}` •®•AY q;Wr/ "�R ..d Y A"a N Xgs y o S „yr1i4r Mq-O N ey 2 'ronoseil B-51 Uses.Wltf tlh 5, opino Oisriwe Ifs aPpr4PTP on��{II�s�. propertyaped cdrppatlhlg Mrith arl aeot!-lP,ioR a ' ' t-,.w'�k. S �A?r.i'y� t1y'.^ 1� WOW i F'r )'�'��fi�4Y`� '4Y E� T�Jh F"y ,h M'.'�i' V�"FtdA 3 Pmpased B-3ROO aq A rases the B 5.;*ou4d �p aPl3Topri?dg>�!! propert r�an�i viiqud Lae cotnpatiblevrltit adlecent properiles a>7d t#te peig�hsapri,, � , � A. The ar�e(Idmetlt vrguW,� ponsirte�f�v�rl�ththe Focl�ester Urban 5ervlce area ���,s , Mtr Burke rggved W.I., rccinme rd approval of Gener. l peVelopment ie11 i'>7511 by I{fpo tl Bomgaars to be knOW i as 5jpruce�Mgadgvvs and Desigd,M?dlflcatigp A 11, with e,4 suggested findings, ccpditior►sa apd vyltt the kriow1edge thatvpnitlQp Number Nii],r need to be 4larffted before the City bound rltenting I�r ri Stover seconded the mptiott {�9 ibe m�loe carried ,����„*,�"►lu� �„�� � � . �,�gz yq�� `�''d` ! d 4. FINDINGS FOR zrr .' Z x:y=i)n'9y'll' l +:, n1 a? -• d,�..,3A'%• f c, F:£ f , Cnterla A The proposed Land uses are generally itt accord With 31h0adopted„; comprehenslve Plan, "'Oetitlon to re zops 2 acres aFthis proper j► othe B 5 (Residential commerctal� zoning district It being cons lered„ concurrent with this GD►?�,� E ,s ="Ca, Criteria B. _ :Ttie lot sizes and densi for the single family portlon of the development. are viery similar to that of the existino single family subdiVlslon, Page 19 �(/rrr ♦♦♦ City Planning and Zoning Commission Minutes Hearing Date: September 13, 2000 An access to 20'" 5t. is propos requirements Chapter 64 of thi considered concurrent with th �f Criteria C. Mixing commercial uses, coml found in the B-5 district Is con Rd� Criteria D. This GDP accommodates thet the ROCOG Thereunhfarn Plzi rieveinnmant N Page 20 City Planning and Zoning Commission Minutes Hearing Date: September 13, 2000 10 form of cash in lieu of land , 2. Ths,GDP shall be revised as foliowsiand a revised Plan shall be filed_ with the Planning Department t � ai a .' � r � .-ry i .a 'i':? t s ..` •tss'S'... .`" ;' •�_f .. Pedestrian facilities shall be shown along 20"' St. SE, and along the cul`=de-sac with a connection,tp 1 AV-6, SE consistent with the attached enema from Rochester Public Works dated Augu t 29, 20D0, '. '{ 9 f The second potation orlAherGOP stating "B S pees re Writ ('tanning C.ommtsston & Council revi T; convenience retail use, repair & malptenance mops" shad beremo%hi fro gtlig,GDK (Those are ngtper estvses in the B-5.distri4t'but may tie proposed through tfaa Restricted Development a':t.. Id ®i Ms. Mitzi Baker presented the staff port, ted September 7, 2000, to the Commission. The staff report is on file at the Roches r-Oimste tanning Department. Ms. Baker explained that daycar facilities require onditional use permit in the M-1 Zoning District because certain locatio may not be appropn for this type of use. She explained that the daycare would be one f the first buildings to be nstructed in the development. REQUEST FOR COUNCIL ACTION MEETING (( / DATE: 10-2-00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING C-,' 8 I i em DESCRIPTION: General Development Plan #158 to be known as Spruce PREPARED BY: Meadows and Design Modification #00.11. Mitzi A. Baker, September 22, 2000 NOTE: Staff recommends that the first sentence of condition #3 should be deleted, as shown. City Planning and Zoning Commission Recommendation: The Planning and Zoning Commission held a public hearing on this item on September 13, 2000 and recommends approval subject four conditions and modifications. Burke moved to approve GDP 158 and Design Modification #00.11 with staff suggested findings and conditions and modifications with the understanding that condition #3 would be clarified prior to the Council meeting, Stever seconded the motion, which carried 6-0. 1. Parkland Dedication for the residential portion of this development shall be in the form of cash in lieu of land. 2. The GDP shall be revised as follows and a revised Plan shall be filed with the Planning Department. • Pedestrian facilities shall be shown along 206" St. SE, and along the cul-de-sac with a connection to 11v` Ave. SE consistent with the attached memo from Rochester Public Works dated August 29, 2000. • The second notation on the GDP stating 'B-5 uses requiring Planning Commission & Council review: convenience retail use, repair & maintenance shops" shall be removed from the GDP. (These are not permitted uses in the B-5 district, but may be proposed through the Restricted Development process). t"Ave:SE-and-Ze-S"E. Controlled access hall also be dedicated along both roadways. In addition, water main will need to be looped from the cul-de-sac to 200 St. SE. 4. Prior to final plat submittal, easements for the extension of any off site utilities must be executed with the City and the applicant shall enter into a Development Agreement with the City that outlines the obligations of the applicant relating to, but not limited to, substandard street reconstruction charges and Traffic improvement District charges, stormwatermanagement, park dedication, traffic improvements, pedestrian facilities, right-of- way dedication and contributions for public infrastructure. Council Action Needed: 1. If the Council wishes to proceed with the General Development Plan and Design Modification, it should instruct the City Attorney to prepare a resolution, with findings, for Council approval. Distribution:Q 1. City Clerk 2. City Administrator Attorney 3. City Aorney 4. Planning Department File 5. Planning Department, GIS Division 6. Yaggy Colby Associates 7. Applicant: This item will be considered some time after 7:00 p.m. on Monday October 2, 2000 in the Council i Board Chambers in the r-­ -mment Center at 151 4th Street SE. %.vJNCIL ACTION: Motion by: second by: to: I sPi1 111d 1N3WdO13A3(J 1V113N30 g s ° FI!€o°• V10S3NNIVV 'M3153HJOV SMOQV3V4 3:)nSdS r n V ._i Cj� , TO: City Planning and Zoning Commission FROM: Mitzi A. Baker, Planner DATE: September 7, 2000 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 507/2135-8213 WELUSEPTIC 5071265-8345 FAX 5071287-2275 RE: General Development Plan #158 to be known as Spruce Meadows and Design Modification #00-11. Planning Department Review: Petitioner: Arnold Bomgaars 1530 Greenview, Drive SW Rochester, MN 55902 Consultant: Yaggy Colby Associates 717 3 " Ave. SE Rochester, MN 55904 Location of Property: This property is located along the east side of 11" Ave. SE (CR 1), north of the future 20'' St. SE extension. Proposed Use: A portion of the property is proposed for single family development. The portion of the property adjacent to the future 20'" St. SE extension is proposed for uses in the B-5 District. Land Use Plan: The Rochester Urban Service Area Land Use Plan designates this property as suitable for "low density residential" types of development. Zoning: The property is currently zoned R-1 (Mixed Single Family). An application to re -zone a portion of his property to the B-5 (General Commercial) District is being considered concurrent with this GDP. Streets: The GDP proposes access to the property at two locations. The GDP proposes access along 20'" St. SE and also from the residential roadway platted with Spruce Meadows subdivision. Sidewalks: Pedestrian facilities will be required along the east AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Paget • ��� General Development Plan September 7, 2000 side of Spurce Meadows Dr., and around the cul-de- sac, with a pedestrian connection provided to 111" Ave. SE. Pedestrian facilities are also required along 11" Ave. SE and 20" St. SE. Drainage: At this time the applicant intends to participate in the City's Regional Storm Water Management plan for the residential portion of the development. The B-5 portion of the development may be developed with on -site detention or storm water management may be through participation in the City's plan. Detailed grading and drainage plans will also be required when the property is platted or developed. Wetlands: Minnesota Statutes now require that all developments be reviewed for the presence of wetlands or hydric soils. The original grading plan was approved for this property in 1993. At that time, the site was studied for wetlands and no wetlands were found except some that were exempted at the outlet of a storm sewer. Public Utilities: Services are available to serve this site. Sanitary sewer and water will be extended from the existing Spruce Meadows Subdivision. Water main will need to be looped from the cul-de-sac to 20" St. SE. Parkland Dedication: Parkland dedication for this development will need to be in the form of cash in lieu of land, for the residential portion of the development. Referral Comments: 1. Planning Dept. Transportation Division 2. Rochester Public Works 3. Rochester Park & Recreation 4. RPU Water Division 5. Rochester Fire Department 6. Olmsted County SWCD 7. Planning Department - GIS Division Report Attachments: 1. Copy of General Development Plan 2. Referral Comments (7) 3. Proposed General Development Plan Narrative Summary: A preliminary plat was approved for this property in April 1999 for a single family residential development (see attached approved preliminary plat). In February, 2000, a final plat was approved for a portion of the property. The portion of the property that was not included in that final plat is included in this GDP. The applicant is proposing to modify the development to complete the single family development with a cul-de-sac, instead of a through street to the future 20" St. SE, and also to develop 2 acres of the site (adjacent to the future 20 St. SE) with commercial uses in the B-5 (Residential - Commercial) district.. l 110 Page 3 • • General Development Plan September 7, 2000 Criteria & Staff Suggested Findings; Paragraph 61.215 of the Rochester Zoning Ordinance and Land Development Manual lists the Criteria for approval of a general development plan (see attached section from the regulations that became affective May 15, 1999). Criteria A. The proposed land uses are generally in accord with the adopted Comprehensive Plan and zoning map, or that the means for reconciling any differences have been addressed. A GDP may be processed simultaneously with a rezoning or plan amendment request. The proposed land uses are generally in accord with the adopted Comprehensive Plan. A petition to rezone 2 acres of this property to the B- 5 (Residential Commercial) zoning district is being considered concurrent with this GDP. Criteria B. The proposed development, including its lot sizes, density, access and circulation are compatible with the existing and/or permissiblefuture use of adjacent property. The lot sizes and density for the single family portion of the development are very similar to that of the existing single family subdivision. An access to 20a' St. is proposed that would not meet the spacing requirements Chapter 64 of the LDM. A Design Modification /s being considered concurrent with the GDP, to permit the access as proposed. Criteria C. The mix of housing is consistent with adopted Land Use and Housing Plans. Mixing commercial uses, compatible with residential uses, such as those found in the B-5 district is consistent with the Land Use Plan. Criteria D. The proposed plan makes provisions for planned capital improvements and streets reflected in the City of Rochester's current 6-Year Capital Improvement Program, adopted Thoroughfare Plan, the ROCOG Long -Range Transportation Plan, Official Maps, and any other public facilities plans adopted by the City. Street system improvements required to accommodate proposed land uses and projected background traffic are compatible with the existing uses and uses shown in the adopted Land Use Plan for the subject and adjacent properties. This GDP accommodates the future extension of 20rh St SE, as shown on the ROCOG Thoroughfare Plan. Criteria E. On and off -site public facilities are adequate, or will be adequate if the development is phased in, to serve the properties under consideration and will provide access to adjoining land in a manner that will allow development of those adjoining lands in accord with this ordinance. Street system adequacy shall be based on the street system's ability to safely accommodate trips from existing and planned land uses on the existing and proposed street system without creating safety hazards, generating auto stacking that blocks driveways or intersections, or disrupting traffic flow on any street, as identified in the traffic impact report, if required by Section 61,523(C). Capacity from improvements in Page 4 General Development Plan September 7, 2000 • 117r . the first 3 years of the 6-year CIP shall be included in the assessment of adequacy. Access to this property will be from Spruce Meadows Drive and 20'h St. SE. An access proposed from 20'h St. SE, to serve the commercial portion of the development, does not meet the access spacing standards of the Rochester Zoning Ordinance and Land Development Manual. A request for a Design Modification (waiver), to allow for an access that does not meet this spacing requirement, is being considered concurrent with this application. Additional information regarding street system adequacy, from Charlie Reiter, is attached to this report and is incorporated into this section of the report by reference. Utilities are now available to directly serve the area of the proposed land use, or that the City of Rochester is planning for the extension of utilities to serve the area of the proposed development and such utilities are in the first three years of the City's current 6-Year Capital Improvements Program, or that other arrangements (contractual, development agreement, performance bond, etc.) have been made to ensure that adequate utilities will be available concurrently with development. If needed utilities will not be available concurrent with the proposed development, the applicant for the development approval shall stipulate to a condition that no development will occur and no further development permit will be issued until concurrency has been evidenced. Services are, or will be available to serve this property. Water main will need to be looped from the cul-de-sac, southerly through the proposed B-5 area to connect Into the water main stub -out currently under construction within the future 20d' St. SE right-of-way. 3. The adequacy of other public facilities shall be based on the level of service standards In Section 64.130 and the proposed phasing plan for development. Pedestrian facilities will be required along 11'h Ave. SE and 20'h St. SE. Sidewalk will also be required around the cul-de-sac and a connection from the cul-de-sac to 110 Ave. SE will also be needed. Criteria F. The drainage, erosion, and construction in the area can be handled through normal engineering and construction practices, or that, at the time of land subdivision, a more detailed investigation of these matters will be provided to solve unusual problems that have been identified. Storm water management may be handled either through on -site detention or participation in the City's Storm Water Management Plan. At this time, the applicant has indicated interest In participation in the City's Plan. Detailed grading and drainage plans will be required when the property is platted or developed. Criteria G. The lot, block, and street layout for all development and the lot density for residential development are consistent with the subdivision design standards (1� Page 5 / General Development Plan September 7, 2000 contained in Section 64.100 and compatible with existing and planned development of adjacent parcels. An access proposed from 20ii' St. SE, to serve the commercial portion of the development, does not meet the access spacing standards of the Rochester Zoning Ordinance and Land Development Manual. A request for a Design Modification (waiver), to allow for an access that does not meet this spacing requirement, is being considered concurrent with this application. Design Modification Request. Section 64.143 of the Rochester Zoning Ordinance and Land Development Manual (LDM) identifies minimum spacing standards for streets and driveways for different roadway classifications. The future extension of 20" St. SE is classified as an Arterial roadway, which requires 480 feet between an intersecting roadway and a driveway. The applicant is requesting approval to allow their driveway access approximately 285 feet from the intersection of 2dh St. SE and CR 1. Criteria for Design Modification: Section 60.424, 9 a) Modification to the requirements of Chapter 64 may be approved as part of the review of any general development plan, land subdivision permit, or final plat where the applicant can show by reason of exceptional topography or any other physical condition that strict compliance with these regulations would cause undue hardship or that such relief would not be a detriment to the public welfare and would not impair the intent and purpose of the regulations. Recommendation: Design Modification: Attached to this report is a letter from the applicants consultant dated August 14, 2000 addressing this request for a Design Modification. The attached referral comment from Charlie Reiter also addresses this issue. it appears as though access to this property is somewhat limited by the location of the Boodplain for Bear Creek. Additionally, it does not appear as though approval of this Design Modification would be detrimental to the public welfare or would impair the intent and purpose of the Ordinance. According to the referral comment from Charlie Reiter, Planning Department Transportation Division, the projected peak hour queue length is not expected to block the proposed access to St. SE. GDP: Staff recommends the following conditions or modifications to assure compliance with the Rochester Zoning Ordinance and Land Development Manual and applicable criteria: i. Parkland Dedication for the residential portion of this development shall be in the form of cash In lieu of land. 2. The GDP shall be revised as follows and a revised Plan shall be filed with the Planning Department: Page 6 ) �✓ General Development Plan t ✓ September 7, 2000 Pedestrian facilities shall be shown along 201h St. SE, and along the cul-de-sac with a connection to ii'h Ave. SE consistent with the attached memo from Rochester Public Works dated August29, 2000. • The second notation on the GDP stating "B-5 uses requiring Planning Commission & Council review: convenience retail use, repair & maintenance shops" shall be removed from the GDP. (These are not permitted uses in the B-5 district, but may be proposed through the Restricted Development process). 3. At the time of platting, 50' of right-of-way shall be dedicated for 41h' Ave. SE and 20'h St. SE. Controlled access shaft also be dedicated along both roadways. In addition, water main will need to be looped from the cul-de-sac to 20'h St. SE. 4. Prior to final plat submittal, easements for the extension of any off site utilities must be executed with the City and the applicant shall enter into a Development Agreement with the City that outlines the obligations of the applicant relating to, but not limited to, substandard street reconstruction charges and Traffic Improvement District charges, stormwater management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication and contributions for public infrastructure. NOTE: Prior to development of this property, Site Development Plans will need to be submitted to the City and approved. This GDP review did not include detailed site plan review for compliance with all regulations applicable to permit issuance (i.e. lighting, recreation space, landscape areas, signage, etc). Page 7 General Development Plan September 7, 2000 Criteria for Approval of a General Development Plan In approving a General Development Plan, the Council shall make each of the following findings: A. The proposed land uses are generally in accord with the adopted Comprehensive Plan and zoning map, or that the means for reconciling any differences have been addressed. A GDP may be processed simultaneously with a rezoning or plan amendment request. B. The proposed development, including its lot sizes, density, access and circulation are compatible with the existing and/or permissible future use of adjacent property. C. The mix of housing is consistent with adopted Land Use and Housing Plans. D. The proposed plan makes provisions for planned capital improvements and streets reflected in the City of Rochester's current 6-Year Capital Improvement Program, adopted Thoroughfare Plan, the ROCOG Long -Range Transportation Plan, Official Maps, and any other public facilities plans adopted by the City. Street system improvements required to accommodate proposed land uses and projected background traffic are compatible with the existing uses and uses shown in the adopted Land Use Plan for the subject and adjacent properties. E. On and off -site public facilities are adequate, or will be adequate if the development is phased in, to serve the properties under consideration and will provide access to adjoining land in a manner that will allow development of those adjoining lands in accord with this ordinance. Street system adequacy shall be based on the street system's ability to safely accommodate trips from existing and planned land uses on the existing and proposed street system without creating safety hazards, generating auto stacking that blocks driveways or intersections, or disrupting traffic flow on any street, as identified in the traffic impact report, if required by Section 61.523(C). Capacity from improvements in the first 3 years of the 6-year CIP shall be included in the assessment of adequacy. 2. Utilities are now available to directly serve the area of the proposed land use, or that the City of Rochester is planning for the extension of utilities to serve the area of the proposed development and such utilities are in the first three years of the City's current 6-Year Capital Improvements Program, or that other arrangements (contractual, development agreement, performance bond, etc.) have been made to ensure that adequate utilities will be available concurrently with development. If needed utilities will not be available concurrent with the proposed development, the applicant for the development approval shall stipulate to a condition that no development will occur and no further development permit will be issued until concurrency has been evidenced. 3. The adequacy of other public facilities shall be based on the level of service standards in Section 64.130 and the proposed phasing plan for development. F. The drainage, erosion, and construction in the area can be handled through normal engineering and construction practices, or that, at the time of land subdivision, a more detailed investigation of these matters will be provided to solve unusual problems that have been identified. Page General Development Plan ./ September 7, 2000 G. The lot, block, and street layout for all development and the lot density for residential development are consistent with the subdivision design standards contained in Section 64.100 and compatible with existing and planned development of adjacent parcels. 60.420 DESIGN MODIFICATIONS: It is the intent of this ordinance to recognize that in certain instances it may be in the public interest to provide an expedient method to modify the site design and public facility standards of this ordinance as applied to certain types of development. 60.421 Purpose: The purpose of the design modification is to permit relief from the strict application of ordinance standards where there is no defined hardship, the proposed modifications will not result in identifiable loss of protection to adjacent properties, or where the proposed development results in an improved design solution to a site design problem and in doing so, still meets the intent of the site design or public facility standards. Guidelines are provided for the approval authority to assess the impact of the proposed design modification. This ordinance also provides for certain types of development identified as incentive development and restricted development which, though not consistent with normal zoning district standards, will be permitted in certain instances. These developments are supported by the Land Use Plan, but may necessitate relaxation of certain design standards in order to meet site constraints. Design modifications will be considered as part of the normal review of these developments, subject to standards established in this section. 60,422 Review of Design Modifications: Design modifications will be processed through either the Type I or Type ll review procedures, according to the guidelines established in this section. Where a design modification request accompanies a permit or certificate request that requires processing through a Type III review procedure, the request shall be considered by the Commission and Council as part of the Type III review. 60,423 Guidelines for Approval: The following paragraphs identify specific policies or standards for each type of design modification permitted by the Ordinance. The approval authority shall consider these policies or standards in making the findings to approve or deny a request for a design modification. In addition, the following standards shall apply to all requests for Type II Design Modifications: 1) The burden shall be upon the applicant to show the design solution will result in an improved use of land while preserving the purposes for which the original regulation was enacted. 2) Any such modification shall consider the relationship of the development to its surroundings and shall avoid creating any adverse effects due to noise, traffic circulation, building height or bulk or lack of screening. 60.424 Specific Policies: The following paragraphs contain the guidelines applicable to specific types of design modifications which shall be considered by the approval authority. i�� • • Page 9 General Development Plan September 7, 2000 9) Public Facility Standards: a) Modification to the requirements of Chapter 64 may be approved as part of the review of any general development plan, land subdivision permit, or final plat where the applicant can show by reason of exceptional topography or any other physical condition that strict compliance with these regulations would cause undue hardship or that such relief would not be a detriment to the public welfare and would not impair the intent and purpose of the regulations. .• iv EE�i-? €E ha �S"Salle j3 itr a /zi 1 a s 1Vld ANVNI� id VIOS3NNIV4`M _-`30M Y� NOISIAIGOnS SMOQVIW 3DnddS j , li ll.a as 1 3 p�• yk !� Y �} {iSf `YY77{{ ytiiii[ p � s Az w� Y�'v a iN 0 0 From: Charlie Reiter, Transportation Planning Division RE: SPRUCE MEADOWS —Zone Change 00-12; GDP 158, Design Modification The proposed B-5 zoning will permit a higher intensity of non-residential use to be developed on the site than allowed under R-1 zoning, although the types of uses are similar in nature. Notation #5 on the GDP regarding "B-5 Traffic" will become the limiting factor in terms of development intensity, since it is the intention of the applicant to only permit uses which would not exceed a threshold of 100 more peak hour directional trips or 1000 more daily trips than would be generated by the most intense use that could be developed under the current R-1 zoning. These thresholds are based on the language in the LDM which identify when a Rezoning Traffic Analysis needs to be completed. In analyzing the trip generation that could be achieved under existing R-1 zoning and the proposed B-5 zoning, it appears that the controlling condition will be the restriction of no more than 1000 additional daily trips generated for any proposed use above what can occur under R-1 zoning. Based on a site size of 2 acres and a non-residential Floor Area Ratio (FAR) of 0.06 for office uses in the R-1 District, the maximum trip generation for the site currently would be approximately 200 trips per day. Thus, for any use in the B-5 district, the size or intensity of development would be limited such that no more than 1200 trips per day would be expected. Under the B-5 zoning, which has a permitted FAR of 0.25, up to a maximum of 21,000+1- square feet of floor area could be developed, assuming parking, setbacks and landscape area requirements could be met. For an office use of that size, we would estimate trip generation as high as 750 trips per day, depending on the type of office use (medical -dental facilities would have this highest rate). Thus, an office use could be developed at a FAR 0.25 and meet the traffic restriction. We would expect that uses classified as Personal Services or Repair & Maintenance Shops would have similar or lower levels of trip generation and thus could also fully develop to a size of 21,000 if other site development standards were met. For other uses permitted in the B-5, the traffic cap will create a limitation the size of development that can occur. For a Day Care use, the size of the building would need to be limited to no more than 15,000 square feet in order to stay under the cap of no more than 1000 additional trips per day, For a Convenience Retail use, in order to stay under the daily cap of no more than 1000 additional trips, the use would need to be limited to only 2 Vehicle Fueling Positions (le, gas pumps) and 1,500 square feet of floor area. A convenience store larger in size would be expected to generate more than 1200 trips per day and thus would exceed the 1000 trip limitation. The west edge of proposed access point in the southeast corner of the property is estimated to be approximately 305 feet east of the right of way for 11'h Ave SE. One concern relative to the design modification proposed would be to insure this access will not be blocked by queuing traffic on the future 201h St. Our 20 year traffic projection for 20'h St once constructed is for 10,900 vehicles per day. Working through an analysis of expected westbound queuing that would be created by a signal at the intersection of 201h St and 11'h Ave, we estimate that the peak hour queue length will be on the order of 175-200 feet, and thus it should not block the driveway. We also analyzed the level of service that would be expected at the intersection created by the proposed access location, which will be mirrored on the south side of the future 20'h St by a driveway serving a proposed 80 unit multi -family development. Based on projected traffic flows at these driveways the resulting Level of Service (a measure of congestion) should meet city standards for unsignalized street intersections. ROCHESTER Minnesota 8/29/00 TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur M 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 General Development Plan 4158, Desi¢n Modification #00-11, & Zone #00-12 on the Spruce Meadows (Arnold Bomeaars) property. The following are Public Works comments on the proposal: 1. Development of this property should require platting. 2. Storm Water Management must be provided for this development. 3. Controlled access must be provided on the Final Plat, as shown on the GDP Plan. 4. The Developer shall dedicate 50 feet of ROW for 11'a Ave SE, and for 201' St SE. 5. Easements for the extension of and necessary off site utilities, will be required prior to Final Plat submittal. 6. Pedestrian facilities (concrete sidewalk) will be required along the east side of Spruce Meadows Dr SE, around the cul-de-sac, with an interconnecting pedestrian walk constructed west to connect with the pedestrian facility on 11'° Ave SE In addition, pedestrian facilities are required along the east side of 1 ls' Ave SE, and the north side of 20a' St SE. 7. Execution of a City -Owner Contract will be required prior to construction of public infrastructure. S. A revocable permit shall be required for the driveway access on 20t° St SE. 9. Prior to Final Plat submittal, the applicant shall enter into a Development Agreement with the City that outlines the obligations of the applicant relating to, but not limited to, substandard street reconstruction charges & Traffic Improvement District charges, stormwater management, park dedication, traffic improvements, pedestrian facilities, rigbt-of-way dedication, and contributions for public infrastructure. J C:ITEMP\GDP158.doc •0 0 ROCHESTER Minnesota 8/29/00 TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DEPARTMENT OF PUBLIC WORKS 201 4" Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The following charges/fees are applicable for the development of the property: Sanitary Sewer Availability Charge (SAC) @ $1653.67 per developable acre Water Availability Charge (WAC) @ $1653.67 per developable acre. A contribution to the SE TID. •:• Traffic Signs as determined by the City of Rochester Traffic Division. ti• Stormwater Management Charge TEID, if on -site detention is not provided. C:ITEMPIGDP158.doc i ROCHESTER PARK AND R__REATION DEPART ENT MEMORANDUM DATE: August 21, 2000 TO: Jennifer Garness Planning SUBJECT: Spruce Meadows General Development Plan Parkland dedication should be in the form of cash in lieu of land. Only the residential zoned areas of the GDP would be subject to parkland dedication requirements. N;\PARK\DSTOTZ\7000\DEDICATIDN\SE 2895\SPRUCE MEADOWS GDP.DOC (Or we pledge, we deliver August 29, 2000 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Type III, Phase III, General Development Plan #158 by Amold Bomgaars to be known as Spruce Meadows, Zoning District Amendment #00-12 and Design Modification # 00-11. Dear Ms. Gayness: Our review of the referenced submittal is complete and our comments follow: 1. The property may be subject to the water availability fee, connection fees or assessments. The Land Development Manager (507-281-6198) at the Public Works Department determines the applicability of these fees. 2. The water main must be looped from the cul-de-sac, southerly through the proposed B-5 area to connect into the water main stub -out currently under construction within the future 20a' St. SE right-of-way. 3. We will work with the applicant's engineering firm to develop the necessary water system layout to serve this area. Please contact us at 507-280-1600 if you have questions. Very truly yours,(rs• D,..� 064411 1 `��' SLI Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Yaggy Colby Associates Arnold Bomgaars Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 enu�n GGR6 AACHITEC TS 5➢RYEYCAS / August 14, 2000 Mr. Brent Svenby Rochester -Olmsted Planning Department 2122 Campus Drive SE Rochester, MN 55904 RE: Spruce Meadows Property GDP, Zone Change and Design Modification Dear Brent: LANDSCAPE ARCHITECTS Mr. Arnold Bomgaars is submitting applications for review of a general development plan (GDP), zone change from an R-1 to a B-5, and a design modification. The design modification requested under Section 60.424 paragraph 9a (Public Facility Standards), is for the driveway access onto future 20c' Street SE, which is shown as a future arterial on the thoroughfare plan. The access spacing standards provide for minimum separation between driveways and intersecting streets (Section 64.143). For an arterial classification, the spacing required between the intersection and the driveway access is 480 feet. The approved preliminary plat for this property has the street intersection, on future 20th Street SE, 250 feet from the intersection of CSAH #1 and 20th Street SE. Spruce Meadows will have 346 feet of frontage on future 20th Street SE with the area to the east classified as flood plain. A side slope will also need to be maintained on the east side of Spruce Meadows because of the flood plain, and this will require the driveway access to be further from the east property line. With only 346 feet of frontage, this property will not meet the required 480 feet separation. Given the adjacent property is flood plain, we are requesting that the edge of the driveway access be allowed at approximately 285 feet from the CSAH #1 right-of- way, which would provide approximately 325 feet between the intersection of CSAH #1 and the driveway intersection (centerlines). If you have any questions or need additional information, please call. Sincerely, YAG�G�Y(�C�OLLBBY ASSOCIATES �A*I Wade DuMond, Project Designer WCD YCA #7160 LD2 Attachments cc Richard Freese PLANNERS ROCHESTER OFFIC'. 717 Third Avenue 5 Rochester, MN 5590 507-288-646 Fax 507-288-505 MASON CITY OFFIC 515-424-634 Fax 515-424-035 SPRUCE MEADOWS GENERAL DEVELOPMENT PLAN Spruce Meadows is approximately 4.35 acres bounded by city property (future 20s' Street SE) to the south, l ls' Avenue SE (CSAH 41) to the west, Bear Creek and it's associated flood plain to the east, and Spruce Meadows Subdivision to the north. The following is a written summary of the General Development Plan (GDP) in accordance with Appendix B E-3. a) Topographic or soils conditions which, in the estimation of the applicant, may create potential problems in street, drainage, public utilities or building design and construction, and how these problems will be investigated further or engineered to overcome the limitations. The attached GDP shows the area under consideration. The entire site has been filled as part of an approved conditional use permit to fill a portion of the flood plain. These fill soils should not create any problems for the construction of the necessary improvements and buildings. b) Storm drainage problems which, in the estimation of the applicant, may result in costs that will exceed normal storm drainage costs. There should be no storm drainage problems which would result in costs above normal. c) Identification ofpotential off` site drainage problems. There should be no problems with off -site drainage created by this development. Applicant will most likely participate in the city's regional storm water management plan. d) Availability of utilities to serve the area under consideration. Utilities are available to serve this site. Sanitary sewer and water service are available from the existing Spruce Meadows Subdivision and will be stubbed through to the B-5 area. e) Identification of possible erosion problems which may arise in the estimation of the applicant. An area of steeper slopes is along the east side of the site. Erosion control measures will be provided when grading is performed in this area as well as in other areas of the property. f A general statement as to the possible phasing of any development activity to occur on the property under the control of the applicant. The project will begin with the single family area with the B-5 area will follow. MEETING REQUEST FOR COUNCIL ACTION DATE 10-2A AGENDA SECTION: ORIGINATING DEPT: ITEM NO, PUBLIC HEARINGS PLANNING el —9 ITEM DESCRIPTION: Type III, Phase II Amendment to Preliminary Plat #00-17 known as PREPARED BY: Valley Side Estates by Freedom Development & Consulting, LLC. The proposed Brent Svenby, amendment is to the roadway configuration in the northern portion of the proposed Planner development. The previously approved preliminary plat showed two cul-de-sacs while the proposed amendment is to have one looped roadway in the northern portion of the A� development. The property is located along the east side of 40th Avenue SE (County Road 144), east of Eastwood Hills Second Subdivision, September 22, 2000 City Planninq and Zoninq Commission Recommendation: The City Planning and Zoning Commission held a public hearing on September 13, 2000 to consider this amendment to the preliminary plat for the property. The proposed amendment is to the northern portion of the property. The Planning Commission found that this preliminary plat conforms to the criteria listed in the Land Development Manual and recommends approval of this preliminary plat with the following modifications or conditions: 1. The following revisions be make to the plat: ➢ The roadway being dedicated be named. The Planning Department Addressing Staff will need to be contacted regarding an appropriate name. The controlled access be labeled along 40th Avenue SE. ➢ Easements be dedicated for the public utilities located outside of the public street right of way. The minimum vidth of these easements shall be 20 feet. 2. The roadway intersection near the east edge of the plat must intersect perpendicular to the intersecting street. 3. The applicant is required to provide a watermain extension to the adjoining property to the north through Outfot B. Motion by Burke to approve amendment to Preliminary Plat #00-17 known as Valley Side Estates, with the :staff suggested conditions; seconded by Staver. The motion carried 6-0. {i��'tliatfon freQUeG1S .�W y i &+'"' kb r a J r *�. ez yry v.i.'.' wn N .y„x. �k'r'�•r-.ar4,lfm".� :. ;Y..- sr,'r (evAtj1. ,mom@¢ un iK l � � ve rov+ tAttt�i co dt lti i �►� ICI i 4 qnqit n Rat' {T�t� /yw��tt�tctl rnu��n��1 jilt 'l;�gf�c"� ��� � te�� ln�"ed'in ttte�staf# rei�� a G 3`d kl wx+.'rz � a X i aitt-' +l ft least lei motiono`den�t ust 1ncltiS up�ortlnaspns or a conclustonlh a ont3 of rF ttefl�fe�kl(,findin�8s _q�!'d'griaid?ara _11 Attachment >-d, 1. Staff Report dated September 8, 2000 2. Minutes of the September 13, 2000 CPZC Meeting )NCIL ACTION: Motion by: second by: to: :8F NW ',aa}s ayDob. �^' r9H6tl,a94.". 3QIS A3lWA nixasmS,S'nn..+r+�uvrunn� '.AR! JS1lX9YY YX8�ww11 ti e� e.. �L•.x.'ae'��' �, I n� I m 4 TO: City Planning and Zoning Commission FROM: Brent Svenby, Planner DATE: September 8, 2000 fMfi�m�,fTsw�i-wti w�rnm�'I�anrp�H , ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 ADMINISTRATION/ 5071285-8232 PLANNING GIS/ADDRESSING1 507/285-8232 MAPPING HOUSING/HRA 507/285-8224 BUILDING CODE 5071285.8213 WELUSEPTIC 507/285-8345 FAX 5071287-2275 RE: Type III, Phase II, Amendment to Land Subdivision Permit #00-17 (Preliminary Plat) known as Valley Side Estates. Planning Department Review., Applicant/Owner: Surveyors/Engineers: Referral Comments: Freedom Development & Consulting PO Box 1643 St. Cloud, MN 56302 Brown Herkenhoff, Inc. 118 12t° Avenue North St. Cloud, MN 56303 RPU Operations Division RPU Water Division Planning Dept. -Transportation Staff Planning Dept. — Wetlands Planning Dept. —Addressing MnIDOT Rochester Public Works Report Attachments: 1. Land Development Manual Excerpts 2. Referral Comments (4 letters) 3. Copy of GDP 4. Copy of the Approved Preliminary Plat 5. Copy of the proposed Amendment to the Preliminary Plat Development Review: Location of Property: The property is located along the east side of 40'" 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. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER 110 Page 2 • 1 Valley Side Estates September 8, 2000 Proposed Development: The applicant is amending the approved preliminary plat for the northern most 12.45 acres so that is consistent with the GDP. The amended plat is different from the approved plat in that the roadway pattern has changed. The approved preliminary plat has two roadways that are cul-de-sacs, while the amendment is to have only one roadway. Streets: This plat dedicates right-of-way for one new roadway. The right-of-way be dedicated for this roadway is 56 feet with a roadway surface of 32 feet. This roadway will need to be named. The roadway type of "place" and a directional of "SE" is also needed for the roadway name. The applicant will need to contact the Planning Department Addressing Staff for an appropriate name. 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 40th Avenue SE. Drainage: The elevations of this site range from 1,080' in the southern portion of the plat to 1.116' in the northeast corner of the plat. The property drains in a southerly direction. Outlot D on the Final Plat for Valley Side Estates is the location of the detention pond that will serve this development. This Outlot will be dedicated to the City. The drainage and grading plan will have to be approved prior to the submittal of the final plat for this area. Wetlands: The Soil Survey and National Wetland Indicator maps were reviewed for the presence of wetlands. The maps do not indicate the presence of wetlands on this property. Public Utilities: Water and sewer services will need to be extended to serve this development. The private lift station will need to be installed and maintained by the developer to serve 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 requirements for this portion of the development will be reviewed that the time the applicant submits a Performance Residential Development plan for approval. Parkland Dedication: Outlot C on the Final Plat for Valley Side Estates will be dedicated to the City for parkland purposes. Page 3 Valley Side Estates September 8, 2000 General Development Plan Staff Review: 0 A The Council approved a General Development Plan for this property on April 3, 2000. On September 6, 2000 the Council approved an amendment to the GDP which is consistent with the layout of this preliminary plat. Prior to the submittal of a final plat for this area, a Performance Residential Development (PRD) plan will need to be approved for the site. Approved construction plans and grading and drainage plans will also need to be approved prior to the submittal of the final plat. Care and maintenance agreements will also need to be recorded for the common areas. On May 15, 2000 the Council approved Preliminary Plat #00-17 known as Valley Side Estates with the 10 conditions listed below. The applicant entered into a Development Agreement with the City that addresses most of the conditions. The conditions not addressed in the Development Agreement were corrected on the Final Plat. 1. Storm water management must be provided for this development. The City has identified a regional pond on this property. The developer should participate in the City's Regional Stormwater Management Plan 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, stormwater 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 40th Ave. SE and a right turn lane installed. 6. A contribution will be required for future reconstruction of 40t' 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. Page 4 • Valley Side Estates September 6, 2000 7. The developer must grade the west side of the property to match the right of way grade prepared by the City for 40t8 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. 9, A 10' utility easement is needed along both sides of all public and private roadways. Additional 20' utility easement is needed to loop the water main in the northern cul-de- sacs for the required water main looping and a 20' 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. Recommendation The Planning staff has reviewed this preliminary plat request under the provisions of LDM Sections 61.225 (effective 5/15/199). In order to meet the criteria, approval of this plat should require the following conditions or modifications: 1. The following revisions be make to the plat: D The roadway being dedicated be named. The Planning Department Addressing Staff will need to be contacted regarding an appropriate name. ➢ The controlled access be labeled along 40`h Avenue SE. ➢ Easements be dedicated for the public utilities located outside of the public street right of way. The minimum width of these easements shall be 20 feet. 2. The roadway intersection near the east edge of the plat must intersect perpendicular to the intersecting street. 3. The applicant is required to provide a watermain extension to the adjoining property to the north through Outlot B. Page 5 (�3 Valley Side Estates September 8, 2000 CRITERIA FOR LAND SUBDIVISION PERMIT (PRELIMINARY PLAT) Effective May 15, 1999 61.225Findings for Land Subdivision: The Zoning Administrator, Commission or Council shall approve a development permit authorizing a land subdivision if all of the following findings with respect to the proposed development are made: A. The proposed land subdivision conforms to all relevant requirements of this ordinance and variances have been granted to permit any nonconformance. 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. L That the proposed parks, trail thoroughfares and open space dedications are consistent with adopted plans, policies and regulations. J. That the proposed subdivision will not have off -site impacts on the street, drainage, water or wastewater systems that exceed adopted standards. K. That the proposed subdivision will not have adverse impacts on the safety or viability of permitted uses on adjacent properties. L. That the proposed land subdivision is designed in such a manner as to allow for continued development in an efficient manner on adjacent undeveloped lands; M. That the soils, topography and water tables have been adequately studied to ensure that all lots are developable for their designated purposes. Page 6 114 Valley Side Estates September 8, 2000 N. That the proposed land subdivision is consistent with the standards of the City's adopted Comprehensive Plan. O. That any land located within Zone A as shown on the currently adopted Flood Boundary and Floodway Maps of the Flood Insurance Study, Rochester, Minnesota, prepared by the Federal Emergency Management Agency, is -determined to be suitable for its intended use and that the proposed subdivision adequately mitigates the risks of flooding, inadequate drainage, soil and rack 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. C1 ROCHESTER Minnesota 8/29/00 TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DEPARTMENT OF PUBLIC WORKS 2010 Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the application for Revised Preliminary 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. Public Works concurs with the proposed change to the Preliminary Plat, provided that the street intersection near the east edge of the amended area is perpendicular to the intersecting street. Charges/fees that are applicable to 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: 4 Street Name Signs CATEMP1PP#00-17 Revised 8-OO.doc TRANSPORTATION ' DEVELOPMENT APPLICATIONS REVIEW DATABASE - 1998 Jurisdiction Aaallcation I Comments at the intersection created by the 9roposed access location, which will be mirrored on the south side of the future 20 St by a driveway serving a proposed 80 unit multi -family development. Based on projected traffic flows at these driveways the resulting Level of Service (a measure of congestion) should meet city standards for unsignalized street intersections. City PRD 0-26 No comment Reynolds / , Southpointe City Final Plat 0-34 No comment Weatherstone City PRD 99-17 No comment Pinewood meadows City GDP 154 To clarify the restrictions on use types proposed as part of the GDP would suggest O&B the following language: Commercial Center "Uses allowed shall be limited to only those permitted uses in the B-4 District which are characterized by a AM Peak Hour distribution with a percentage of inbound trips at 70% or greater AND a percentage of PM Peak Hour outbound trips at 70% or greater. The current Institute of Transportation Engineers (ITE) Trip Generation Manual shall be the primary reference source for making this determination. Uses permitted shall be further limited to those permitted uses in the B4 District which have a typical trip generation rate of 125 trips per acre or less, as reported in the ITE Trip Generation Manual, or where the calculated trip generation based on the proposed site development plan will be less than 125 trips per acre." City Cond Use 0-24 No comment Knowledge Be innnin s City GDP 106 No comment Amendment South Park City Pre] Plat 0-17 Final glat should include platting of controlled access along frontage of property Valley Side on 40 Ave SE Estates City Prel Plat 0.40 No comment South Park 6 City C Use 0-23 No comment Bruggenthies City C Use 0-25 No comment Northern Valley Animal clinic City Prel Plat 0-39 On the final plat access control should be platted along the entire frontage of 18 Hart Farm Sub Ave except for the proposed opening of Hart Drive, and along the south side of lot 1, Block 1; and the north side of Lot 4, Block 3 A 10 foot easement for pedestrian facilities should be provided along 18,b Ave to allow future development of a trail or sidewalk along this corridor. City Pre] Plat 0-38 No comment Summit Pointe 2 City Fin Plat 0-41 Consistent with proposed site development plan for the property the final plat River Place should indicate controlled access and designated access openings along the frontage on 3rd Ave NW City Final Plat 0-02 No comment we plerlye, we deliver August 29, 2000 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Type III, Phase II, Amendment to Preliminary Plat #00-17 by Freedom Development & Consulting to be known as Valley Side Estates, Dear Ms. Gamess: Our review of the referenced preliminary plat is complete and our comments follow: 1. The general looped roadway concept is acceptable as shown. 2. The water system layout and the preliminary plans were not included in this submittal, so we are unable to make a complete review at this time. 3. Additional 20' public utility easements will be needed for any water main outside of the public street area, which would include additional on -site fire hydrants and any looping within Outlots A, B & D and the required water main extension to the adjoining property to the north through Outlet B. 4. Revisions to the proposed water system layout are required. We have provided the applicant's engineering firm with these comments. 5. Final construction plans will need to conform to standard City of Rochester Requirements. Please contact us at 507-280-1600 if you have questions. Very truly yours, 064A R14, Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Bureau Brown Herkenhoff, Inc. Freedom Development & Consulting LLC Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 ly a 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 31, 2000 TO: Jennifer Garness FROM: Planning Dept. Addressing Staff CC: RE: VALLEY SIDE ESTATES (AMENDED PRELIMINARY PLAT) A review of the preliminary plat has turned up the following address related issues: 1, The roadway illustrated as Valley Side Drive does not exist. RECOMMENDATION: Illustrate this roadway as TRUMPETER DRIVE SE. 2. The public roadway illustrated in this portion of Valley Side Estates needs to be designated. RECOMMENDATION: Name this roadway, use the roadway type PLACE, and directional of SE. NOTE: Due to the design of the roadways and buildings within this portion of Valley Side Estates the addressing will need to be looked at very closely by our staff. Therefore coordination of the building Site Plan or Grading Plans would need to be supplied to our staff as soon as possible. Page 8 • • l �q City Planning and Zoning Commission Minutes Hearing Date: September 13, 2000 • Mr. Anthony Asleson, of 1248 Baird Lane NE, addressed the Commission. He asked if the h t of the building would be the same height as the existing building. He so asked if there woul changes to the exterior lighting. Dr. Nigon st d that the new building would be the same heigh the existing one. He explained that, i ere would be additional lighting, it would he same type of lighting currently in place. With no one else heard, Mr. Sulpeosed the public hearing. Ms. McGowan moved to approve Valley Animal Clinic with the stal motion carried 5-0, with Mr. Burk CONDITION: Use Northern condition, seconded by Ms. Petersson. The br&to a conflict. The applicant pro e a connection from Viking Hills to the pelhwitrian trail along East Circle Drive bXAovIdlng the grading and construction of pedestri cilities of this property a]^ the entire west frontage of Alberta Drive NE or execute Mciestran Facilitlewftreement that will facilitate the installation of the sidewalk at a later date. Mr. Brent Svenby presented the staff report, dated September 8, 2000, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Mr. Suk asked if the Commission needs to act on the conditions listed on pages 55 and 56 of the staff report. Mr. Svenby responded that the conditions have been met. The developer has done a final plat on the entire 40 acres that was approved in August 2000 by the City Council. Mr. Suk asked for the applicant to come forward. The applicant or a representative for the applicant was not present. With no one else wishing to be heard, Mr. Suk closed the public hearing. Mr. Burke moved to recommend approval of Type III, Phase 11 Amendment to Preliminary Plat #00-17 known as Valley Side Estates by Freedom Development & Consulting, LLC with staff -suggested conditions. Mr. Staver seconded the motion. The motion carried 6-0. 0 Page 9 • 4 ` City Planning and Zoning Commission Minutes Hearing Date: September 13, 2000 1. The following revisions be make to the plat: ➢ The roadway being dedicated be named. The Planning Department Addressing Staff will need to be contacted regarding an appropriate name. ➢ The controlled access be labeled along 40th Avenue SE. ➢ Easements be dedicated for the public utilities located outside of the public street right of way. The minimum width of these easements shall be 20 feet. 2. The roadway intersection near the east edge of the plat must intersect perpendicular to the intersecting street. 3. The applicant is required to provide a watermain extension to the adjoining property to the north through Outlot B. Ms. Petersson le a Council/Board Chambers. Ms. Theresa Fogarty p ented the staff report, dated Septe er 6, 2000, to the Commission. The staff report is on file he Rochester -Olmsted Planni epartment. Ms. Petersson entered the Cou it/Board Chambers Ms. Suk asked if the conditions have en disc sed with the applicant. Ms. Fogarty responded yes. Mr. Bill Tointon, of McGhie & Betts, I ., addresse he Commission. He indicated that the applicant agrees with the staff-sug6sted conditions. owever, he asked that Condition Number 1 be incorporated into final plat for circulatioNeurposes. Ms. Fogarty stated that it vyduld be acceptable. With no one else wijKmg to be heard, Mr. Suk closed the public Ms. Petersson oved to recommend approval of Preliminary Plat #00- Randy Reynolds to known as South Pointe 6th Subdivision, with staff-suggeste onditions and with C dition Number 1 being addressed on the final plat. Mr. Burke sec ed the motion. a motion carried 6-0. REQUEST FOR COUNCIL ACTION MEETING a0I -`_ DATE: 10-02-00 AUENDA HEARINGS PLIGINATI�ING G DEPT: ITEM NO. —to ■ IIN DESCRIPTION: Type III, Phase 11, Land Subdivision Permit (Preliminary Plat) #00-37 by PREPARED BY: Randy Reynolds to be known as South Pointe 6'" Subdivision. This Plat proposes to Theresa Fogarty, subdivide approximately 9.90 acres of land into 15 lots for low density residential planner development and also dedicate right-of-way for two public roadways, including the extension of South Pointe Drive SW. The property is located between T.H. 63 and IIIh Avenue SW, south of 6011 Street SW and northeasterly from South Pointe Third and Fourth Subdivisions September 25, 2000 NOTE: A revised preliminary plat was submitted for review. The preliminary plat was revised taking 30' off the NW side of Lots 2, Block 1 and Lots 14, Block 3 and the end of South Pointe Lane SW. City Public Works indicated that a Development Agreement will need to be executed. No additional referral comments were received. The following condition / modification shall be included, if the City Council approves this preliminaryplat request: The Developer shall enter into a Development Agreement with the City of Rochester that outlines the obligations of the applicant relating to, but not limited to: storm water management; park dedication; traffic Improvements; pedestrian facilities; contributions for public infrastructure. City Planning and Zoning Commission held a public hearing on September 13, 2000 to consider this preliminary plat. Mr. Bill Tointon of McGhie and Betts, indicated that the applicant agrees with the staff -suggested conditions. However, he asked that Condition #1 be incorporated into the final plat for circulation purposes. Staff agreed to the request. The Planning Commission found that this preliminary plat will conform with the applicable criteria with the following conditions or modifications: 1. The Plat shall be revised to: a. Changing the designation of "South Pointe Lane SW" to "South Pointe Court SW". 2. Fire protection and domestic water needs for the unplatted areas with roadway frontage will need to be resolved with the Rochester Public Utility Department- Water Division prior to any utility construction. 3. Temporary turn-arounds and associated easements shall be executed with the City for the northwesterly extent of "South Pointe Drive SW" and "South Pointe Lane SW", prior to recording the final plat documents. 4. A temporary access from South Pointe 6'" to W Street SW shall be constructed, prior to development, to minimize the impact of construction related traffic on existing South Pointe residents. Ms. Petersson moved to recommend approval of Preliminary Plat #0037 by Randy Reynolds to be known as South Pointe (P Subdivision, with staff -suggested conditions and with Condition Number 1 being addressed on the final plat. Mr. Burke seconded the motion. The motion carried 6-0, lanninp Department Recommendation: 1. See attached staff report dated September 8, 2000. COUNCIL ACTION: Motion by: Second U SOUTH POINTE '0 2.Ac: R.0.R i \, a M......p \• Hre VUFUPROPOWD MMWT He 1.3 Ac. R.O.W. \ Zone D I v : Liff 28 \ rn 1 \ \ 20 1%22 I 25 I En .w \ I is 7 I.. CI�e1)o \ 5 PH iv I of -- a i 18 ,. .. '\ "= Ceaer , a u elopment Isry p/ A `4 _ 12 1; 10 i 1 • _.9' I a eo' e.u.>.. Z #0 7-IS-0D 8 Comma = GENERAL DEVELOPMENT McGhie Hetts,hr. r ^- —_ PLAN AMENDMENT r ' APPROVED eOC. HESTER-OLM'r- .I:�:.+ DEPARTMENT 2122 Cmv&�S DRIVE S.E. ROCHESTER. MN 55904-4744 �dii5►4�4u►��� pp..�l�u.a,►, !'��iivll�l•v1�I , ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 ADMINISTRATION/ 5071285-8232 PLANNING GIS/ADDRESSING/ 5071285.8232 TO: City Planning and Zoning Commission MAPPING HOUSING/HRA 507/285-8224 FROM: Theresa Fogarty, Planner BUILDING CODE 507/285.8213 WELL/SEPTIC 507/285-8345 DATE: September 8, 2000 FAX 5071287.2275 RE: Type III, Phase 11, Land Subdivision Permit (Preliminary Plat) #00-37 by Randy Reynolds to be known as South Pointe 6' Subdivision. This Plat proposes to subdivide approximately 9.90 acres of land into 15 lots for low density residential development and also to dedicate right-of-way for two public roadways, including the extension of South Pointe Drive SW. The property is located between T.H. 63 and 11'h Avenue SW, south of 60" Street SW and northeasterly from South Pointe Third and Fourth Subdivisions. Planninq Department Review: Applicant/Owner: Randy Reynolds 3552 West River Parkway Rochester, MN 55901 SurveyorslEngineers: McGhie & Betts, Inc. 1648 Third Avenue SE Rochester, MN 55904 Referral Comments: Park and Rec. Department Rochester Public Works Department Planning Department - Addressing staff Public Utilities - Water Division Olmsted SWCD Report Attachments: 1. Referral Comments (4 letters) 2. Copy of Preliminary Plat 3. South Pointe Approved Revised General Development Plan Development Review: Location of Property: The property is located between T.H. 63 and 11" Avenue SW, south of 60� Street SW and northeasterly from South Pointe Third and Fourth Subdivisions. �WM ZbC� AN EQUALOPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER .m.w �Vq Page 2 Preliminary Plat 00-37 South Pointe Sixth Subdivision September 6, 2000 Zoning: This proposed preliminary plat consists of two zoning districts: Block 1, Lots 1, 2, 3 and 4 and Block 2, Lots 1 through 3, are zoned R-1 (Mixed Single Family) district on the City of Rochester Zoning Map and Block 3, Lots 1 through 6 are zoned R-2 (Low Density Residential) district on the City of Rochester Zoning Map. Proposed Development: This development proposes to subdivide approximately 9.90 acres of land into 16 lots for low density residential development and also dedicates right-of-way for two public roadways, including the extension of South Pointe Drive SW. Roadways: This plat proposes to dedicate right-of-way for two new roadways. The first roadway that is named "South Pointe Drive SW" is designed with a 60' right-of-way and classified as a major local street. Temporary turn-arounds and associated easements are required at northwesterly extent of "South Pointe Drive SW". The second roadway named "South Pointe Lane SW". This roadway is designed with a 60' right-of-way. This roadway needs to be re -named to "South Pointe Court SW". There already exists a South Pointe Lane SW located in South Point Fourth and Fifth Subdivisions. Temporary turn-arounds and associated easements are required at the northwesterly extent of the currently named "South Pointe Lane SW". A temporary access from South Pointe 61' to 60`b Street SW should be constructed to minimize the impact of construction related traffic on existing South Pointe residents. Pedestrian Facilities: Pedestrian facilities are required along both sides of all roadways. A Development Agreement has been executed for this property. Drainage: The topography is moderately rolling with elevations from the SW corner of the proposed plat being 1230' , gradually increasing to 1244' to the NE corner. There is a hill that crest just above the center of this plat at 1246' and generally drains to the east and the west. Grading and drainage plans will need to be approved by the City Public Works Department prior to the submittal of the final plat. Storm Water Management must be provided for the development of this property. Page 3 Preliminary Plat 00-37 South Pointe Sixth Subdivision September 8, 2000 Wetlands: The Soil Survey and National Wetland Indicator maps were reviewed for the presence of wetlands, no potential wetlands are indicated on this site. According to the Soils Survey, hydric soils do not exist on this property. Public Utilities: Sanitary sewer and water lines will be extended from their present ends to accommodate this development. Fire protection and domestic water needs for the unpiatted areas with roadway frontage will need to be addressed prior to any utility construction. The property may be subject to the water availability fee, connection fees or assessments. 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 15 spillover parking stalls. It appears as though the additional parking can be accommodated on the roadways and most likely within private driveways, as well. Parkland Dedication: The Park R Recreation Department stated that dedication requirements be met via: Reduction in previously established parkland credits as a result of the dedication of South Pointe 3t° Outlot A. The applicant currently has 2.55 acres of credit remaining. General Development Plan: This property is included in the approved Revised South Pointe General Development Plan. The proposed preliminary plan is consistent with the Revised South Pointe General Development Plan. Staff Review and Recommendation: A REVISED preliminary plat was submitted on August 31, 2000. The revised preliminary plat was sent to the referral agencies requesting comments. Any comments received from the reviewing agencies will be reflected in the staff report for council action. Section 61.225 of the Land Development Manual lists the findings which must be considered by the Planning Commission and the Council when reviewing a land subdivision permit application. This section is attached for your information. The Planning staff has reviewed this preliminary plat request for compliance with the Rochester Zoning Ordinance and Land Development Manual including Section 61.225 of the LDM. The staff recommends approval with the following conditions I modifications: �65' ' a0(0 Page 4 Preliminary Plat 00-37 South Pointe Sixth Subdivision September 8, 2000 1. The Plat shall be revised: a. Changing the designation of "South Pointe Lane SW" to "South Pointe Court SW". 2. Fire protection and domestic water needs for the unplatted areas with roadway frontage wilt need to be resolved with the Rochester Public Utility - Water Division, prior to any utility construction. 3. Temporary turn -a -rounds and associated easements shall be executed with the City for the northwesterly extent of "South Pointe Drive SW" and "South Pointe Lane SW", prior to recording the final plat documents. 4. A temporary access from South Pointe 61h to 60" Street SW shall be constructed, prior to development, to minimize the impact of construction related traffic on existing South Pointe residents. Reminder to Applicant: Prior to development, the property owner will need to execute a City I Owner Contract for construction of all public infrastructure and utilities to serve this subdivision. This Plat is subject to the Subdivision regulations which became effective May 15, 1999. Approved grading, drainage and construction plans will need to be submitted with the final plat application, if the applicant intends to record the final plat documents prior to completion of infrastructure improvements. Page 5 • • /J[ Preliminary Plat 00-37 {� South Pointe Sixth Subdivision September 8, 2000 CITY OF ROCHESTER ZONING ORDINANCE AND LAND DEVELOPMENT MANUAL EXCERPTS 61.225 Finding for Land Subdivision: The Zoning Administrator, Commission or Council shall approve a development permit authorizing a land subdivision if all of the following findings with respect to the proposed development are made: A. The proposed land subdivision conforms to all relevant requirements of this ordinance and variances have been granted to permit any nonconformance. B. That the proposed water system and sanitary sewer system are adequate to serve the normal and fire protection demands of proposed development and to provide for the efficient and timely extension to serve future development. C. That the plan for soil erosion and stormwater management meets the adopted standards of the City of Rochester and is consistent with the adopted Stormwater Management Plan or adopted drainage or stormwater policies. D. That the vehicular and non -motorized system is consistent with adopted transportation plans and is consistent with the street layout standards listed in Section 64.120 and traffic service standards in Section 61.526. E. That the lot and block layout provide for safe and convenient vehicular, service and emergency access, efficient utility service connections, and adequate buildable area in each lot for planned uses. F. That the proposed land subdivision has taken into account the current 6-Year and other Long -Range Capital Improvements Programs and the elements listed therein in the design of the subdivision. G. That the proposed subdivision, if in a resident zoning district, -addresses the need for spillover parking consistent with the requirements of Section 63.426. H. That right-of-ways and easements of adequate size and dimensions are -provided for the purpose of constructing the street, utility, and drainage facilities needed to serve the development. 1. That the proposed parks, trail thoroughfares and open space dedications are consistent with adopted plans, policies and regulations. J. That the proposed subdivision will not have off -site impacts on the street, drainage, water or wastewater systems that exceed adopted standards. K. That the proposed subdivision will not have adverse impacts on the safety or viability of permitted uses on adjacent properties. L. That the proposed land subdivision is designed in such a manner as to allow for continued development in an efficient manner on adjacent undeveloped lands. Effective May 15, 1999 Page 6 Preliminary Plat 00-37 South Pointe Sixth Subdivision September 8, 2000 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 as on the currently adopted Flood Boundary and Floodway Maps of the Flood Insurance Study, Rochester, Minnesota prepared by the Federal Emergency Management Agency, is -determined to be suitable for its intended use and that the proposed subdivision adequately mitigates the risks of flooding, inadequate drainage, soil and rock formations with severe limitation for development, severe erosion potential or any other floodplain related risks to the health, safety or welfare of the future residents of the proposed subdivision in a manner consistent with this ordinance. 61.226 Conditions on Approvals: In considering an application for development permit to allow a land subdivision, the approving body shall consider and may impose modification or conditions to the extent that such modifications or conditions are necessary to insure compliance with the criteria of Section 61.225. Effective May 15, 1999 0 19 R- aq /., /Aff y 10 t 4 park & reoreatien DATE: August 22, 2000 TO: Jennifer Garness Planning RE: South Pointe 6th Prelim Plat #00-37 ROCHESTER PARK AND ACREATION DEPARTMENT-` 201 FOURTH STREET SE ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM Acreage of plat.......................................................... Number of dwelling units ............................................. Dwelling unit density ................................................... Density factor............................................................ Dedication............................................................... Fair market value of land ............................................. 9.90 acres 15 units 1.52 unitslacre .0244 .37 acres The Park and Recreation Department recommends that dedication requirements be met via: Reduction in previously established parkland credits as a result of the dedication of South Pointe 3rd Outlot A, The applicant currently has 2.55 acres of credit remaining. Applicant: Randy Reynolds 3552 West River Parkway Rochester N:\PARK\DSTOTZ\2000\DEDICATION\SW 2891\SOUTH POINTE GTH.DOC ROCHESTER pi Minnesota 8130/00 TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DEPARTMENT OF PUBLIC WORKS 201 4th 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 #00-37 on the South Pointe Sixth Subdivision property. The following are the Public Works comments on the proposal: 1. A Development Agreement has4en executed for this subdivision. 2. Temporary turn-arounds, and associated easements are required at the northwesterly extent of South Pointe Ln SW, and South Pointe Dr SW. 3. The Owner should construct a temporary access from South Pointe 6th to 60th St SW to minimize the impact of construction related traffic on existing South Pointe residents. 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 C:%TEMPVP#00-37.doc AID 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 30, 2000 TO: Jennifer Garness FROM: Planning Dept. Addressing Staff CC: RE: SOUTH POINTE SIXTH PRELIMINARY PLAT #00-37 A review of the preliminary plat has turned up the following address related issues: 1. South Pointe Lane SW has incorrect roadway designation illustrated on plat. RECONEVIEENDATION: Re -name roadway, change the roadway type to Court and include the directional of SW. There is already a South Pointe Lane SW located in South Point Fourth and Fifth. Page 9 • (2 j City Planning and Zoning Commission Minutes t J Hearing Date: September 13, 2000 CONDITIONS:. 1. The following revisions be m: y The roadway being dedica Staff will need to be conta LM to the lntetsecting,str r The applicant is re Ired to provide a waterrr to the north thr gh Outlot B. Y,- tr t e nston to the djolning property A. 1 Preliminary Plat #00-37 by Randy Reynolds to be known as South Pointe 6th Subdivision. This Plat proposes to subdivide approximately 9.90 acres of land into 15 lots for low_ density residential development and also to dedicate right of way for two public roadways including the extension of South Pointe Drive SW. The property is located between T H 63 S. and 11t Ave, SW, south of 60 th St. SW and northeasterly from South_ Pointe Third and Fourth Subdivisions. Ms. Petersson left the Council/Board Chambers. Ms. Theresa Fogarty presented the staff report, dated September 8, 2000, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Ms. Petersson entered the Council/Board Chambers. Ms. Suk asked if the conditions have been discussed with the applicant. Ms. Fogarty responded yes. Mr. Bill Tointon, of McGhie & Betts, Inc., addressed the Commission. He indicated that the applicant agrees with the staff -suggested conditions. However, he asked that Condition Number 1 be incorporated into the final plat for circulation purposes. Ms. Fogarty stated that it would be acceptable. With no one else wishing to be heard, Mr. Suk closed the public hearing. Page 10 0 • City Planning and Zoning Commission Minutes Hearing Date: September 13, 2000 CONDITIONS - s IT The Plat shall be revised^ -06Changing the designation of "South Pointe Lane SW" to,"$outh Pointe Court s, A r t'w£ t f r 2 proFire tection, and domestic water needs for the unplattesi areas with roadway frontage will need to be resolved witch the Rochester Public Utility Water, 11006n,. prior to any utility consiruotion t : x1 , a°ems 4 4F,S s FF <, +i.kY °Kk rx } r .k1 1%ZpS Telmp4,rary turn -a rounds and assocla,#es easenaer)fs shall ba executed whit the City for the northwesterly extent of,"8outh Poirtte Drlve SW" and "South Potts Lane 5W", prior to recording the figal p)at documerrtsR. * h �> `4 iLY > Jyn1 3 s r t .e x< xv r'� 1 YJ a i,k y.r*it A temporary access irom South Pointe .1 It, tits' Street 5W shell pe cpnstracted� prior to oevelopmen% to minimize the i aci4of construction related traffic A 4 'existing 5auth Qainte residents ,'�4 ,, ? , • k vY S'i+�.t Y k y_) i T •.. I V/ Ms. Mitzi Baker pyksented the staff report, dated September 8, 2000 o the Commission. The staff report is on file t the Rochester -Olmsted Planning Departm Ms. Baker showed a map the general development plan. a explained that the revisions indicated in the staff report Id need to be made prior to a Council meeting, if the Commission approves with sta uggested conditions. a indicated that the applicant would need to submit the revised prelimi plat by Monde f the next week. Mr. Suk asked if the consultant has agre to me the revisions on behalf of the applicant. Ms. Baker responded yes. She stated that, if consultant would not have agreed, staff would have recommended that the plat be tabled Mr. Burke asked if the Park Ms. Baker stated that the Park there was an outlot connecting since there was a public way agreed to maintain the pub' v tme is changing thei olici rtment agreed to maintain public open space to the a the Park Department would and the cul-de-sac. of maintaining cul-de-sacs, Mr. Burke asked how t proposed cul-de-sac would be maintained. ac in a previous plat as She indicated that, maintaining, they REQUEST FOR COUNCIL ACTION MEETING 91600�- DATE 10-2-00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING �': —1( i i ciA DESCRIPTION: Preliminary Plat #00-38 to he known as Summit Pointe Second PREPARED BY: Subdivision Mitzi A. Baker, September 28, 2000 NOTE: A revised preliminary plat has been submitted to include several revisions recommended by staff and the Planning Commission. As a result, staff recommends modifying the conditions recommended by the Planning Commission. Recommended modifications are shown as sitikeNhre1vigq text for text to be deleted and underlined text for text to be added. City Planninq and Zoninq Commission Recommendation; The Planning Commission considered this preliminary plat at a public hearing on September 13, 2000. The Planning Commission recommended approval of Preliminary Plat #00-38, subject to the following modifications and conditions. Motion carried 7.0. 1. The Preliminary Plat shalt be revised as follows, • A drainage easement shag be dedicated oveF all of outlet A., • 61tJ/ity easamant chail be dedia2ted QVQF Off U91ftles aut-AdeFrill between "d along the east Una of Lot 61, Block 1- A . . hafX he dedicated hatilimen I-nt6 - i The drainage easement located within Outlot C shall be reconfigured to Include the storm sewer outlet and to cover the endre delineated Wettand; A dFainage be the delineated fttlanda Is easement shag platted eveir nRl-gh: and 1Q, Block 1i The -east -west roadway7ocated fie Orfve and tha�hroafartfnrad kde sac, shall �e a %.7 bewidened-toa3ti rtghtaY-wa lCc% rR nw wLfc .-7,. • Roadway names shall be ) modified per the attached memo from the Ptanninn Department Addressin Staff dated September 21, 2000; • Outlet R =hall inelude a u0ty easement and to the Una to the fi-iii-iFe ivatei;maia north propeM, serve townhome ama, 2. A temporary turn around shall be provided at the northwesterly end of White Pine Drive NW. Prior to recording the final plat documents, an easement for the turn around shall be executed with the City. 3. After final plat approval, and recording, Outlot C shall be dedicated to the City. 4. A permanent turn around shall be constructed at the north end of 45" Ave. NW, at the applicantlowner's expense. 5. Parkland dedication for this subdivision shall be met via deferred land dedication, per the attached memo from Rochester Park and Recreation dated August 22, 2000. n� yy 4 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. %,UUNCIL ACTION: Motion by: second by: to: ao wo��H oo�,.:eid r 7 • 41�4� 'rglag rmyc ;IA-11 woad sano.4D ..::., ::�: as z ° s "} N: T►w (ii i 1 Mild jMMdVT865,Q Ttz=ja t �h•'J�••c� rLi � N a CO I 6 5pyntoll is q ao Y ~ 18 2D rla�l Ole TO: City Planning and Zoning Commission FROM: Mitzi A. Baker, Senior Planner DATE: September 8, 2000 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 507/285-8345 FAX 507/287-2275 RE: Preliminary Plat #00-38 by Arcon Development, Inc to be known as Summit Pointe Second. This Plat proposes to subdivide approximately 26.96 acres of land into 45 lots for low density residential development and 3 outlots. The plat also dedicates the right of way for new public roadways, including the extension of 47th Avenue NW and White Pine Drive NW. The property is located along the east side of 50`h Avenue NW and north of White Oaks Fourth Subdivision and North Park Ninth Subdivision. Planning Department Review., Applicant/Owner: Arcon Development, Inc. 7625 Metro Blvd. , Suite 350 Edina, MN 55439 Surveyors/Engineers: McGhie & Betts, Inc. 1648 Third Ave. SE Rochester, MN 55904 Referral Comments: 1. Rochester Department of Public Works 2. Rochester Park & Rec. Dept. 3. Wetlands LGU 4. RPU Water Division 5. Planning Department GIS Division 6. RPU Electric 7. Olmsted County SWCD Report Attachments: 1. Land Development Manual Excerpts 2. Referral Comments (7 Letters) 3. Copy of Summit Pointe (Graves Property) General Development Plan 4. Copy of Preliminary Plat Ual� AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 September 8, 2000 Development Review: Location of Property: Zoning: This plat is located east of 501h Ave. NW, north of North Park Ninth Subdivision and White Oaks 4h' Subdivision. The property is zoned R-1 (Mixed Single Family) district. Proposed Development: This development consists of 26.96 acres to be subdivided into 45 lots for single family residential development and three Outlots. Streets: The plat dedicates proposes to dedicate the right-of- way for four public roadways. These roadways include the northerly extension of White Pine Drive NW and 47'h Ave. NW as well as two cul-de-sacs. The Plat will need to be revised to identify roadway names for all roadways, widen the east -west road located between 470 Ave. and White Pine Dr. to 56' and also to re -design the cul-de-sac in the northeastern portion of the plat to accommodate emergency vehicles and trucks. Utilities: Utilities are available within the North Park and White Oaks developments to serve this Plat. The Plat will need to be revised to identify additional water main, hydrants and both utility and drainage easements. Sidewalks: In accordance with current City policy, sidewalk is required along the both sides of the roadways within the Plat. Drainage: Elevations on the property range from approximately 1100' in the north to 1060' in the southwest portion of the Plat. The property generally drains to the west. The plat proposes to utilize storm sewer to capture stormwater and outlet into Outlots A and C. This proposed outlet and detailed grading and drainage plans will need to be reviewed further. Wetlands: Minnesota Statutes require that all developments be reviewed for the presence of wetlands or hydric soils. This Plat does include delineated Wetlands. They are located primarily within Outlots A and C. Lots 18 and 19, located east of White Pine Drive NW, also include delineated Wetlands along the back of the lots. The applicant will need to determine if any filling of Wetlands will take place on the project and obtain appropriate permits from the LGU. Spillover Parking: The spillover parking requirements for this development would be 54 parking spaces. The proposed roadways should be adequate to 140 U11/`O Page 3 • September 8, 2000 accommodate the required spillover spaces. Parkland Dedication: The Park & Recreation Department recommends that dedication requirements be satisfied via deferred land dedication with dedication to occur when the park/open space/wetland area is accessed via street or the Park Department wishes to begin development of the park. General Development Plan: This property is included in the approved Graves Property/Summit Pointe General Development Plan. General Development Plan: The Planning and Zoning Commission recommended approval of the Graves GDP on February 9, 2000 subject to the following conditions. The City Council will consider this GDP on March 6, 2000. 1. Storm water management must be provided for this development. Any ponds serving 50 developable acres or less will remain private, and execution of long term maintenance and ownership agreements will be required. AM required private storm water facilities must be constructed concurrent with the initial stages of development. 2. The propertyshall be platted. When platted, the controlled access shall be provided along the entire length of 50Avenue NW and 6e Street NW, except for the one private road access, two public road accesses, and one future public road access, as shown on the GDP. When platted, controlled access will also be required within 50 feet from the Intersections of any roads with 5d" Avenue NW or 65fh Street NW. In addition, 60 feet of right-of-way shall be dedicated for both 5o'h Ave. NW and 65mh St. NW. 3. Right and/or left turn lanes will be required along 50m Ave. NW and 650 St. NW. 4. Traffic from the units lying to the east1south of the wetland and drainage way will primarily travel to the east and south through North Park to access 55fh St. NW, This portion of the development shall contribute $40 per dwelling unit toward a fund that will be dedicated to implementing the North Park neighborhood traffic management plan. 5. The development shall be phased so that traffic volumes on 5d' Ave. NW, north of 5e St. NW, do not exceed approximately 3 000 average daily trips until it is reconstructed. A contribution will be required for reconstruction of 5d Ave. NW, and 65mh St. NW Current City policy for substandard streets would require a contribution of $30 per foot of frontage along both roadways. The City is currently considering a Traffic Improvement District (TID) for this area. if a TID is adopted, development of this property may be subject to additional charges. 6. A Wetland Replacement Plan will be required for any wetland filling. Any necessary permits for said activity shall be secured prior to plat approval. In addition, the applicant or consultant shall consult the MPCA and Army Corps of Engineers regarding the use of the existing farm pond for storm water management as part of this development. If use of this facility is not approved by said agencies, the GDP will need to be revised to identify alternate area for storm water detention. 7. Park dedication requirement shall be met through a combination of land and cash. The grading plan for this property will need to include grading two moderately sloped areas for locating neighborhood play equipment and turf play fields, per the specifications of the Park & Recreation Department. 8, The applicant shall enter into a Development Agreement with the City of Rochester that outlines the obligations of the applicant relating to, but not limited to; storm water management; park dedication; traffic improvements; pedestrian facilities; contributions for public infrastructure, including contribution obligations toward traffic improvements in the area attributable to this project; and long term maintenance and ownership of landscape islands shown on the GDP within the cul-de-sacs, Page 4 September 8, 2000 9. The 30'access easement shown in Phase I shall be part of the outlet for the park/open space area and not an easement. 10. A revised GDP shalt be filed with the Planning Department reflecting all required modifications, including identifying pedestrian trails along the east side of 50" Ave. NW and the south side of 65!" St NW and widening the trail through the wetland(open space corridor to 10 feet. Staff Review and Recommendation: The Planning staff has reviewed this preliminary plat request under the provisions of LDM Sections 61.225 (effective 5/15/199). At this time, the Preliminary Plat needs to be revised to comply with the Rochester Zoning Ordinance and Land Development Manual. Staff has discussed these revisions with the consultant The consultant has agreed to submit a revised preliminary plat by September 18, 2000 incorporating these revisions, so that staff can review the document prior to the City Council meeting at which the preliminary plat would be scheduled and else re -distribute the plat to the referral agencies and receive their comments prior to completing a Request for Council Action (RCA). 1. The Preliminary Plat shall be revised as follows: • A drainage easement shall be dedicated over all of Oudot A; • Utility easement shall be dedicated over all utilities outside of the public right-of-way. Utility easements shall be dedicated between Lots 9 & 10, Block 1 and along the east line of Lot 9, Block 1. A drainage easement shalt be dedicated between Lots 17 and 18, Block 1, for the storm sewer. The drainage easement located within Outlot C shall be reconfigured to include the storm sewer outlet and to cover the entire delineated Wetland; • A drainage easement shaft be platted over the delineated Wetlands on Lots 18 and 19, Block 1; • The east -west roadway located between 474" Ave. NW and White Pine Drive, and the throat of the adjoining cul-de-sac, shall be widened to a 56'right-of-way; • Roadway names shall be identified for all roadways (several are currently un-named); • The design of the northeasterly cul-de-sac shall be modified to accommodate emergency vehicles and trucks; • Outlet B shall include a utility easement and watermain to the north property line to serve the future townhome area; • Hydrant locations shag be identified. 2. A temporary turn around shall be provided at the northwesterly and of White Pine Drive NW. Prior to recording the final plat documents, an easement for the turn around shall be executed with the City. 3. After final plat approval, and recording, Outlot C shall be dedicated to the City. 4. A permanent turn around shall be constructed at the north end of 45" Ave. NW, at the applicant/owner's expense. S. Parkland dedication for this subdivision shall be met via deferred land dedication, per the attached memo from Rochester Park and Recreation dated August 22, 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. AO( - 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 M. That the soils, topography and water tables have been adequately studied to ensure that all lots are developable for their designated purposes. N. That the proposed land subdivision is consistent with the standards of the City's adopted Comprehensive Plan, O. That any land located within Zone A as shown on the currently adopted Flood Boundary and Floodway Maps of the Flood Insurance Study, Rochester, Minnesota, prepared by the Federal Emergency Management Agency, is -determined to be suitable for its intended use and that the proposed subdivision adequately mitigates the risks of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, or any other floodplain related risks to the health, safety or welfare of the future residents of the proposed subdivision in a manner consistent with this ordinance. 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 If,� park & recreation ROCHESTER PARK AND E41CREATION DEPARTMENT DATE: September21, 2000 TO: Jennifer Gamess Planning 201 FOURTH STREET SE ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM RE: Summit Pointe Preliminary Plat #00-38 "REVISED' Acreage of plat.......................................................... 26.96 acres Number of dwelling units ............................................. 45 units Densityfactor............................................................ .0244 Dedication............................................................... 1.10 acres 1. The Park and Recreation Department recommends that dedication requirements be met via deferred land dedication with dedication to occur when the ± 35 acres of park / open space / wetland area shown in the GDP is deeded to the City. Dedication of land for park purposes to occur when the park area is accessed via street or the Parts Department wishes to begin development of the park. 2. The maintenance of the proposed landscaped islands should be addressed. Unless the maintenance of the islands is assigned to an association or assumed by the applicant, the Park Department recommends that they be removed from the plan. The Park Department is not able to assume maintenance for the islands. 3. The designation of all of Outlot C as drainage easement will preclude any of the outlot as qualifying for parkland dedication credits. The GDP indicated a corridor outside of the designated wetlands along the eastern side of the outlot. This corridor is to include a trail and eventually a neighborhood park. In order to qualify as dedicated parklands, these areas cannot be encumbered by a drainage easement or by a wetland designation. Applicant: Arcon Development 7625 Metro Blvd Sude 350 Edina, MN 55439 \\CITY OF ROCHESTER\CITYHALL\PARR\DSTOTZ\2000\DEDICATION\NW 2898\SUMMIT POINTE 2ND.DOC ROCHESTER Minnesota 9/27/00 TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur REVISED.9/21/00 ass DEPARTMENT OF PUBLIC WORKS 201 40'Street SE Room 108 Rochester, MN 55904-3740 507-287.7800 FAX — 507-281-6216 The Department of Public Works has reviewed the requested application for a Preliminary Plat #00-38 on the Summit Pointe Second Subdivision property. The following are the Public Works comments on the proposal: Note: The following are Public Works comments from 8131/00. New comments are indicated with bold, while previous comments that have been addressed by the revisions are indicated with sethr-eughr 1. A Development Agreement has been executed for this subdivision. 2. A temporary turn -around, and associated easement is required at the northwesterly extent of White Pine Dr NW. 3. The Owner/Developer is required to execute a long-term Ownership & Maintenance Agreement for Outlot A, and the landscape islands shown within the cul-de-sacs. 5. Outlot C should be dedicated to the City 6. A permanent tum-around should be constructed at the north end of 45`h Ave NW, at the Owner's expense. �. -•-ME , 8. The needs to be a drainage easement dedicated on the plat between Lots 17 & 18, Block 1, for the stormsewer shown on the plat. C:VTEMPVPP#00-38 Revised 9-00.doc ROCHESTER Minnesota 9/27/00 TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DEPARTMENT OF PUBLIC WORKS 201 4 h Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 LA Charges/fees applicable to the development of this property are addressed in the executed Development Agreement, with the exception of: ❖ Contribution for First Seal Coat @ $0.45 per square yard of roadway surface Traffic Signs as determined by the City of Rochester Traffic Division: C:%TEMP\PP#00-38 Revised 9-OO.doc E PLAT REFERRAL RESPONSE DATE: September 21, 2000 . " Pmi� a�z ffil lei R.3 \.3i� Rochester-Olmsted Planning Department GISlAddressing Division 2122 Campus Drive SE Rochester, MN 55904-4744 Phone: (507)285-8232 Fax: (507)287-2275 TO: Jennifer Garness FROM: Planning Dept. Addressing Staff CC: RE: SUMMIT POINTE SECOND A review of the preliminary plat has turned up the following ROADWAY related issues: 1. WHITE PINE CIRCLE is missing its directional. RECOMMENDATION: Add the directional of NW. 2. WHITE PINE PLACE is missing its directional. RECOMMENDATION: Add the directional of NW. 3. Roadway west of the intersection of White Pine Place and 47 Avenue NW is missing its designation. RECOMMENDATION: Label roadway as WHITE PINE PLACE NW. rPu:fr �; we pfeiye, we deliver August 28, 2000 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Preliminary Plat #00-38 by Arcon Development, Inc. to be known as Summit Pointe Second. Dear Ms. Gamess: 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. An additional 20' minimum public utility easement is required through Outlot B for an 8" water main loop needed to the property north of this plat. This water main should be located within the planned roadway connection shown on the GDP to serve the future townhome area. 3. Other 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 you"&� rs, ",4 Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Bureau McGhie & Betts, Inc. Arcon Development, Inc. l Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 + Page 10 City Planning and Zoning Commission Minutes Hearing Date: September 13, 2000 M CONDITIONS' rlpl.J 1. The Plat shall be revised:' �a Changing the designation of."S h Pot ane,SW" to "South Pointe Court°.; 1 SW Y. i.+J 2 Fire protection and dornesttc wa needs fthk;unplatted areas with roadway frontage will need to be res- d with the R 'hester Public Utility Water D1Vision,. prior to any utility const om 3 7emPora y turn a rids and associated �asWe ;hall be exec'ute�i wtth the " City for the no esterly extent of "South Pointe t3 ve SW" and"South ;Pointe Lane SW", r to recording the �lrl-Al plat documents, tarp access trom South Pointe 6w to W. Street hail cogstlnCted, t developmei ; to miniritize the impact Hof constructlo ated traffic air "r`,' " ' lstin South Pointe resider'' ' 6 y q 1`. 1"Tst•�rS�3- .` }•r ,,. YTax"�r ,. st7 er" � y � r� `}'^ t � z -�""k " ` a� , + � ry ' z of White Oaks Fourth Subdivision and North Park Ninth Subdivision. Ms. Mitzi Baker presented the staff report, dated September 8, 2000, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Ms. Baker showed a map of the general development plan. She explained that the revisions indicated in the staff report would need to be made prior to the Council meeting, if the Commission approves with staff -suggested conditions. She indicated that the applicant would need to submit the revised preliminary plat by Monday of the next week. Mr. Suk asked if the consultant has agreed to make the revisions on behalf of the applicant. Ms. Baker responded yes. She stated that, if the consultant would not have agreed, staff would have recommended that the plat be tabled. Mr. Burke asked if the Park Department is changing their policies of maintaining cul-de-sacs. Ms. Baker stated that the Park Department agreed to maintain a cul-de-sac in a previous plat as there was an outlot connecting the public open space to the cul-de-sac. She indicated that, since there was a public way that the Park Department would already be maintaining, they agreed to maintain the public way and the cul-de-sac. Mr. Burke asked how the proposed cul-de-sac would be maintained. Page 12 City Planning and Zoning Commission Minutes Hearing Date: September 13, 2000 per the attached memo from Rochester Park and Recreation dated August 22, 2000. 6. Landscape islands proposed within the cul-de-sacs shall be maintained by private care and maintenance agreement and/or a Homeowners Association: Ms. Ther The staff Ms. Fogarty sta a named "Lane sac. garty presented the staff report, dated September 6, 20094o the Commission. is on file at the Rochester -Olmsted Planning Departme Condition Number 1 a should be revised to ange 419w Avenue SW" to he stated that the consultant has indicat9d that it will end to a cul-de- Ms. Fogarty stated that the`gpplicant is not in agreement With a mid -block connection Mr. Bill Tointon, of McGhie & B s, Inc., addressed t Commission. He stated the applicant is concerned about the mid -block co ection (Conditi Number id listed in the staff report). He stated that they are not opposed to -black wal ays that go to open spaces, parkland, churches, schools, etc. However, they o not EXree that a mid -block walkway is needed because the street is 130 feet longer thalloA and because it is adjacent to a busy arterial street. He stated that having the mid -block nnection would increase the risk of liability. Mr. Tointon stated that the applicant ag 76es with a rest of the staff -suggested conditions. He stated that they are willing to revise thA plat as Ion as it does not hold up the process and they will not revise it to show the staff-sugfiested Conditio 1d. Ms. Baker stated that, if Mr. Toi!i 6n gives the Planning [impartment the revisions by the end of the week, they could stay on s9hedule for the City Council karing. Ms. Baker stated that Secfi 64.227 of the Zoning Ordinance r arding trail thoroughfares and sidewalks addresses the r quirements far a pedestrian facility _is lock connection. Mr. Suk asked i/theC mission would needadditional findings, if \approved the request without the mid-nection condition. Ms. Baker explarocess the applicant would need to go thrthe condition waived. With no ongo"else wishing to be heard, Mr. Suk closed the public hearing. REQUEST FOR COUNCIL ACTION MEETING 4 ', DATE: 10-02-00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. BLIC HEARINGS PLANNING e _ I ;).- ITEM DESCRIPTION: Type III, Phase II, Land Subdivision Permit (Preliminary Plat) #00-39 by PREPARED BY: MOG, LLC to be known as Hart Farm Subdivision. This Plat proposes to subdivide Theresa Fogarty, approximately 21.63 acres of land into 52 lots for low density residential development and Planner also to dedicate right-of-way for four public roadways. The property is located along the west side of IS th Avenue SW (Co. Rd 147), north of 40th Street SW and across from 36ei Street SW. September 27, 2000 NOTE: The applicant has submitted a REVISED Preliminary Plat addressing the staff suggested modifications stated in the staff report, dated September 8, 2000. Based on the revised preliminary plat submitted, staff recommends revisions to the conditions recommended by the Planning Commission. Recommended revisions are shown as skikeeut text for text to be deleted and underlined text for text to be added. City Planninq and Zoning Commission Recommendation: The City Planning and Zoning Commission held a public hearing on September 13, 2000 to consider this preliminary plat. Mr. Bill Tointon of McGhie and Betts, addressed the Commission. He explained that the applicant is not in agreement with a mid -block connection. Mr. Tointon stated that the applicant agrees with the rest of the staff -suggested conditions. The Planning Commission found that this preliminary plat will conform with the applicable criteria with the following conditions or modifications: A_c_* L�0 a 1. The Plat shall be revised: / AP r% a. Changing the de6ignation Ib Avenue w to a Named-!Dr.hq@-Sim b. Providing a 20' minimum public utility easement for the 8" watermain loop between Lots 16 and 17, Block 3 to the property to the south. each side of the pipe.- F-$-a, GenneGUng—"+aa' e. Change the designation of "Lone Oak Lane SW" to suggested "Hart Lane SW" or work with the Planning Department - G1S Division to determine a name for the roadway using "Lane SW'. f. Provide a 20'minimum public utility easement for the 8' watermain loop between Lots 16 and 17, now identiFed as Stock 4, to the property to the south as shown on the approved GDP. o A 10' Utility Easement shalt be platted abutting the pedestrian facility easement on the west side of Isth Ave. SW. 2. Stormwater Management must be provided. The Developer shall dedicate easements for the construction of off site stormwater detention facilities prior to submitting the Final Plat. 3. The Developer shall enter into a Development Agreement with the City of Rochester that outlines the obligations of the applicant relating to, but not limited to; stormwater management; parkland dedication; traffic improvements; pedestrian facilities; contributions for public infrastructure, including contribution obligations toward traffic improvements in the area attributable to this project. The Developer will be required to execute any necessary easements for the extension of off site utilities prior to submittal of the Final Plat. 4. Temporary turn -a -rounds and associated easements shall be provided at the northerly extent of the roadway currently named '190' Avenue SW" and the westerly extent of wHart Drive SW". COUNCIL ACTION: Motion by: Second by: to: Page 2 �%9� RCA a September 27, 2000 5. A right turn lane will be required from 180 Avenue SW (Co. Road 147) to Hart Drive SW. The Developeris responsible for all costs associated with development of the right turn lane. 6. Pedestrian facilities are required along both sides of all new roadways and a 10' pedestrian bituminous path along 18a' Avenue SW (Co. Road 147). 7. A 10' pedestrian facilities easement located along the westerly ROW of le Avenue SW (Co. Road 147) shall be dedicated and recorded prior to recording the final plat documents. The Final Plat document shall identify the recorded pedestrian facilities easement. 8. Parkland dedication be met via deferred land dedication of land identified as the 3.8 acre park to be dedicated at such time as the park is accessed by public street or the City wishes to begin development of the park. 9. The applicant shall grade and establish turf in the 30' access Outlot A located adiacent to Block 2. Lot 1. prior to deeding the outiot to the City. 10. There shall be NO PARKING on Hart Drive from le Ave. to Lone Oak Lane (approximately 150 feet). Ms. Petersson moved to recommend approval of Preliminary Plat #00-39 by MOG, LLC. to be known as Hart Farm Subdivision with staff -suggested conditions. Mr. Staver seconded the motion. The motion carried 5.1, with Mr. Burke voting nay. Planning Department Recommendation: See attached staff report, dated September 8, 2000. Attachments: 1, Staff Report, dated September 8, 2000. 2. Minutes of the September 13, 2000 CPZC Meeting. Distribution: ryay�v 1. City Administrator h1l 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, October 2, 2000, in the Council Chambers at the Rochester I Olmsted County Government Center. 7. McGhie 8 Betts, Inc. 0 ti q =' a 3` �li�°g{f$ii�fila Q e 3�����A=s�ga°g{i�g > �nl de�srv�e e�ejj���a� n'K."m a LZA Z 0 m OO A r.1W A P4 1 •as'sada Jill al iva' rrrrrrrr�a i o ' ! r3 idl€�a.111tl1'1i1iuJ 1 fro �� • ��,i j r 'jifiiiiiriJa a =z a I ;;H UZ I F� +1=11112114� arLm o N rill rx4jarrni TO: City Planning and Zoning Commission FROM: Theresa Fogarty, Planner J4- DATE: September 8, 2000 «MOENLi limag � r ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 ADMINISTRATION/ 507/285-8232 PLANNING GISIAD D RESSING/ 507/285-8232 MAPPING HOUSINGIHRA 507/285-8224 BUILDING CODE 507/285-8213 WELUSEPTIC 507/2B5-8345 FAX 507/287-2275 RE: Type III, Phase II, Land Subdivision Permit (Preliminary Plat) #00-39 by MOG, LLC to be known as Hart Farm Subdivision. This Plat proposes to subdivide approximately 21.63 acres of land into 52 lots for low density residential development and also to dedicate right-of-way for four public roadways. The property is located along the west side of 18t" Avenue SW (Co. Road 147), north of 40th Street SW and across from 36t" Street SW. Plannina Department Review: Applicant/Owner: MOG, LLC Merle Groteboer 140 Elton Hills Drive NW Rochester, MN 55901 Surveyors/Engineers: McGhie 8 Betts, Inc. 1648 Third Avenue SE Rochester, MN 55904 Referral Comments: 1. Park and Rec. Department 2. Rochester Public Works Department 3. Planning Department - John Harford, Wetlands Representative 4. Olmsted SWCD 5. Planning Department - Addressing staff 6. Public Utilities - Water Division 7. Public Utilities - Operations Division 8. Planning Department - Transportation staff 9. Olmsted County Public Works Department Report Attachments: 1. Referral Comments ( 9 letters) 2. Location Map 3. Copy of Preliminary Plat 4. Hart Farms Approved General Development Plan ..,., �5 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER aPage 2 • Preliminary Plat 00-39 Hart Farm Subdivision September 8, 2000 Development Review: Location of Property: 0 The property is located along the west side of 181" Avenue SW (Co. Road 147), north of 40" Street SW and across from 36" Street SW. Zoning: The City Council approved annexation of this property at their July 5, 2000 meeting. Upon MN Planning / Office of Strategic Long Range Planning approval for this annexation, the property will be zoned R-1 (Mixed Single Family Residential) district on the Rochester Zoning Map. Proposed Development: This development is subdividing approximately 21.63 acres of land into 52 lots for low density residential development and also proposes to dedicate tight -of - way for four public roadways. Roadways: This plat proposes to dedicate right-of-way for four new roadways. The first roadway dedicates 50' of roadway for "18" Avenue SW" with controlled access along 181" Avenue SW. A right turn lane will be required from 180 Avenue SW (Co. Road 147) to Hart Drive SW. The Developer is responsible for all costs associated with the construction of the right turn lane. The controlled access along 181" Avenue SW and along the south side of Lot 1, Block 1 and the north side of Lot 26, Block 3 must be dedicated on the Final Plat. The second roadway is named "Hart Drive SW". This roadway is designed with a 60' right-of-way and classified as major local street. This roadway provides access from 18`" Avenue SW to the two other roadways being dedicated at this time, "19" Avenue SW' and "David Lane SW" and includes controlled access along the south side of Lot 1, Block 1 ; and the north side of Lot 26, Block 3. A temporary turn -around and associated easements are required at the westerly extent of Hart Drive SW. The third roadway is a cul-de-sac named "David Lane SW". This roadway is designed with a 50' right-of-way with a 51' cul-de-sac radius. The fourth roadway named "19`" Avenue SW" is designed with a 56' right-of-way and extends north from "Hart Drive SW". "19'" Avenue SW" does not fit the addressing grid and needs to be revised to a "Named Drive SW". A temporary turn -around and associated easements are required at the northerly extent of the revised "Named Drive SW". / Page 3 • Preliminary Plat 00-39 Hart Farm Subdivision September 8, 2000 Pedestrian Facilities: Pedestrian facilities are required along both sides of all new roadways and al foot wide bituminous path is required along the westerly ROW of 18" Avenue SW (Co. Road 147). Section 64.227 of the Land Development Manual requires the dedication of trails needed to maintain connectivity between and through subdivisions under the following circumstance "Across any block exceeding 800 feet in length. According to the proposed preliminary plat, Block 1 exceeds the 800 feet in length. A mid -block connection (30' wide outlot) is required providing connection between "191 Avenue SW " and the 10' wide pedestrian easement along 181 Avenue SW. Staff is suggesting that the mid -block connection be placed somewhere in the area of Lots 6, 7, or 8 of Block 1. This area has the least change of topography ranging from 1246' to 1240' . Drainage: The topography is moderately rolling with elevations from the SE corner of the proposed plat being 1244' and 1236' from the SW corner, gradually dropping to the NW with 1246' from the NE comer to 1208' in the NW corner. Grading and drainage plans will need to be approved by the City Public Works Department prior to the submittal of the final plat. Associated easements for the construction of off site stormwater detention facilities will be required prior to final plat submittal. Storm Water Management must be provided for the development of this property. Wetlands: The Soil Survey and National Wetland Indicator maps were reviewed for the presence of wetlands. According to the Soils Survey, hydric soils do not exist on this property. McGhie and Betts Environmental Services, Inc. conducted an on -site investigation and found no evidence that wetlands exist on this site. Public Utilities: This area is within the Willow Heights High Level Water Services Area, available on the east side of 181 Avenue SW at the northeast corner of the property. A 20' minimum public utility easement is required for the 8' water main loop needed between Lots 16 and 17, Block 3 to the property to the south, as shown on the GDP. Easements for public utilities (watermain, sanitary sewer and storm sewer) must be at least 10 feet on each side of the pipe. Easements for the extension of off -site utilities must be executed prior to submitting the Final Plat. Page 4 • Preliminary Plat 00.39 Hart Farm Subdivision September 8, 2000 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 63 spillover parking stalls. It appears as though the additional parking can be accommodated on the roadways and most likely within private driveways, as well. Parkland Dedication: The Park & Recreation Department stated that dedication requirements be met via deferred land dedication of land identified as the 3.8 acre park to be dedicated at such time as the park is accessed by public street or the City wishes to begin development of the park. General Development Plan: This preliminary plat is included in the approved Hart General Development Plan. Staff Review and Recommendation; Section 61.225 of the Land Development Manual lists the findings which must be considered by the Planning Commission and the Council when reviewing a land subdivision permit application. This section is attached for your information. The Planning staff has reviewed this preliminary plat request for compliance with the Rochester Zoning Ordinance and Land Development Manual including Section 61,225 of the LDM. The staff recommends approval with the following conditions / modifications: 1. The Plat shall be revised. a. Changing the designation of'W Avenue SW" to a Named 'Drive SW". b. Providing a 20' minimum public utility easement for the 8' watermain loop between Lots 16 and 17, Block 3, to the property to the south. c. Indicate easements for public utilities (watermain, sanitary sewer and storm sewer) at a minimum 10' of each side of the pipe. d. Dedicate a 30' wide out/ot mid -block connection in the area of Lots 6, 7, or 8 of Block 1 connecting 019t° Avenue SW' to the 10' wide pedestrian easement along 18u' Avenue SW. Z Stormwater Management must be provided. The Developer shall dedicate easements for the construction of off site Stormwater detention facilities prior to submitting the Final Plat. 3. The Developer shall enter into a Development Agreement with the City of Rochester that outlines the obligations of the applicant relating to, but not limited to; storm water management; park dedication; traffic improvements; pedestrian facilities; contributions for public infrastructure, Including contribution obligations toward traffic improvements in the area attributable to this project. The Developer will be required to execute any necessary easements for the extension of off site utilities prior to submittal of the Final Plat. Page 5 S aye � Preliminary Plat 00-39 � 11r Hart Farm Subdivision September 8, 2000 4. Temporary turn -a -rounds and associated easements shall be provided at the northerly extent of the roadway currently name "19fh Avenue SW" and the westerly extent of "Hart Drive SW". 5. A right turn lane will be required from 1811 Avenue SW (Co. Road 147) to Hart Drive SW. The Developer is responsible for all costs associated with development of the right turn lane. 6. Pedestrian facilities are required along both sides of all new roadways and a 10' pedestrian bituminous path along 18" Avenue SW (Co. Road 147). 7. A 10'pedestrian facilities easement located along the westerly ROW of 180' Avenue SIN (Co. Road 147) shall be dedicated and recorded grigr to recording the final plat documents. The Final Plat document shall identify the recorded pedestrian facilities easement. 8. Parkland dedication be met via deferred land dedication of land identified as the 3.8 acre park to be dedicated at such time as the park Is accessed by public street or the City wishes to begin development of the park. Reminder to Applicant: Prior to development, the property owner will need to execute a City 1 Owner Contract for construction of all public infrastructure and utilities to serve this subdivision. This Plat is subject to the Subdivision regulations which became effective May 15, 1999. Approved grading, drainage and construction plans 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. aqV Page 6 • v� Preliminary Plat 00-39 Hart Farm Subdivision September 8, 2000 CITY OF ROCHESTER ZONING ORDINANCE AND LAND DEVELOPMENT MANUAL EXCERPTS 61.225 Finding for Land Subdivision: The Zoning Administrator, Commission or Council shall approve a development permit authorizing a land subdivision if all of the following findings with respect to the proposed development are made: A. The proposed land subdivision conforms to all relevant requirements of this ordinance and variances have been granted to permit any nonconformance. B. That the proposed water system and sanitary sewer system are adequate to serve the normal and fire protection demands of proposed development and to provide for the efficient and timely extension to serve future development. C. That the plan for soil erosion and stormwater management meets the adopted standards of the City of Rochester and is consistent with the adopted Stormwater Management Plan or adopted drainage or stormwater policies. D. That the vehicular and non -motorized system is consistent with adopted transportation plans and is consistent with the street layout standards listed in Section 64.120 and traffic service standards in Section 61.526. E. That the lot and block layout provide for safe and convenient vehicular, service and emergency access, efficient utility service connections, and adequate buildable area in each lot for planned uses. F. That the proposed land subdivision has taken into account the current 6-Year and other Long -Range Capital Improvements Programs and the elements listed therein in the design of the subdivision. G. That the proposed subdivision, if in a resident zoning district, -addresses the need for spillover parking consistent with the requirements of Section 63.426. H. That right-of-ways and easements of adequate size and dimensions are -provided for the purpose of constructing the street, utility, and drainage facilities needed to serve the development. I. That the proposed parks, trail thoroughfares and open space dedications are consistent with adopted plans, policies and regulations. J. That the proposed subdivision will not have off -site impacts on the street, drainage, water or wastewater systems that exceed adopted standards. K. That the proposed subdivision will not have adverse impacts on the safety or viability of permitted uses on adjacent properties. L. That the proposed land subdivision is designed in such a manner as to allow for continued development in an efficient manner on adjacent undeveloped lands. Effective May 15, 1999 Page 7 • Al � Preliminary Plat 00-39 Hart Farm Subdivision September 8, 2000 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. 0. That any land located within Zone A as shown as on the currently adopted Flood Boundary and Floodway Maps of the Flood Insurance Study, Rochester, Minnesota prepared by the Federal Emergency Management Agency, is -determined to be suitable for its intended use and that the proposed subdivision adequately mitigates the risks of flooding, inadequate drainage, soil and rock formations with severe limitation for development, severe erosion potential or any other floodplain related risks to the health, safety or welfare of the future residents of the proposed subdivision in a manner consistent with this ordinance. 61.226 Conditions on Approvals: In considering an application for development permit to allow a land subdivision, the approving body shall consider and may impose modification or conditions to the extent that such modifications or conditions are necessary to insure compliance with the criteria of Section 61.225. Effective May 15, 1999 aka- - , .•. - - . �, � _ . � = 7 z —TA—*JW0i 1] da 3 Lu. Ligj in i! maj zm fT PQ WIN d*to W. 7 - Ivx -N AIZISMld ..S)IZIVJ IaVH v v 0 H I FA O/ • ROCHESTER PARK AND *CREATION DEPARTMENT 201 FOURTH STREET SE ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: August 22, 2000 TO: Jennifer Garness Planning RE: Hart Farm 1" Preliminary Plat #00-39 Acreage of plat.......................................................... 21.63 acres Number of dwelling units ............................................. 52 units Dwelling unit density ................................................... 2.4 unitslacre Density factor............................................................ .0244 Dedication............................................................... 1.27 acres The Park and Recreation Department recommends that dedication requirements be met via: Deferred dedication of land with land identified as 3.8 acre park to be dedicated at such time as the park is accessed by public street or the City wishes to begin development of the park Applicant: MOG, LLC 140 Elton Hills Drive NW N:\PARK\DSTOTZ\2000\DEDICATION\SW 2597\HART FARMS 1ST.DOC CM ROCHESTER Minnesota 9/27/00 TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur Revised 9/20/00 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 Revised Preliminary Plat #00- 39, on the Hart Farms Subdivision (p/o GDP#157) property. The following are Public Works comments on the proposal: Comments below are from 8/30/00. New comments are indicated with bold, while comments that have been addressed by the revisions are indicated with StAkethFeugla. 1. Storm Water Management must be provided for this development. A Voluntary Stormwater Management Fee will apply to all areas of this proposed development that do not drain to the proposed detention facility. 2. Approval of Grading & Drainage plans are required prior to final plat submittal. 3. A City / Owner Contract must be executed prior to development of this property, to address the construction of all public infrastructure and utilities to serve this subdivision. 4. Prior to Final Plat submittal, the applicant shall enter into a Development Agreement with the City that outlines the obligations of the applicant relating to, but not limited to, substandard street reconstruction charges & Traffic Improvement District charges, stormwater management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, and contributions for public infrastructure. 5. Any necessary easements for the extension of off -site utilities must be executed prior to Final Plat submittal. 6. Temporary turn-arounds, and associated easements, are required at the northerly extent of 19a' St SW, and the westerly extent of Hart Dr SW. 7. Controlled access must be dedicated on the Final Plat, as shown on the Preliminary. 8. Easements for the construction of off site stormwater detention facilities will be required prior to Final Plat submittal. / C:%TEMP%PP#00-39 revised 9.00.doc ROCHESTER Minnesota 9/27/00 TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur a0s DEPARTMENT OF PUBLIC WORKS 201 4h Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 9. Pedestrian facilities (concrete sidewalk) will be required along both sides of all new public roads within this property, and a 10 foot wide bituminous path is required along the west ROW of 18'h Ave SW. 11. Easements for public utilities (watermain, sanitary sewer & storm sewer) must be at least 10 feet on each side of the pipe. Easements must be dedicated for this criteria even if the limits are beyond the plat. 12. Outlot A should be dedicated to the City. 13. The Owner will be required to grade and construct the mid -block pedestrian connection on Outlot A. 14. There should be No Parking on Hart Drive from 18'h Ave to Lone Oak Ln. 15. A 10 foot Utility Easement is needed abutting the Pedestrian Facility Easement on the west side of 18th Ave SW The following charges/fees are applicable for the development of the property (rates are subject to annual review and change): -e Sanitary Sewer Availability Charge (SAC) @ $2757.83 per developable acre (An up -front contribution of $103,000.00 is required as recommended in the feasibility report). Water Availability Charge (WAC) @ $1653.67 per developable acre. A Substandard Street Reconstruction Charge and Capacity Contribution to the SW TID, will be required for 186 Ave SW. Traffic Signs as determined by the City of Rochester Traffic Division. 4 Street Name Signs I Dead End Sign 2 Stop Signs 1 Trucks Prohibited Sign C:%TEMP%PP#00.39 revised 9-OO.doc i - r we pledge, we deliver September 25, 2000 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: REVISED: Preliminary Plat #00-39 by MOG, LLC to be known as Hart Farm Subdivision. Dear Ms. Fogarty: Our review of the referenced REVISED preliminary plat is complete and our comments follow: 1. A 20' minimum public utility easement is required for the 8" water main loop needed between Lots 16 and 17, Block 4 to the property to the south as shown on the approved GDP. This was a previous requirement that was not added to the revised submittal. 2. Other revisions to the proposed water system layout are required. We provided the applicant's engineering firm with these comments in our last review dated August 28, 2000. Please contact us at 507-280-1600 if you have questions. Very truly yours,�rs, p,.., 064A 1`��`r" kL Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Bureau Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 Im PUBLIC WORKS DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 507/285-8231 September 26, 2000 Jennifer Garness Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 Dear Jennifer: The Public Works Department has reviewed Preliminary Plat #00-39 by MOG, LLC to be known as Hart Farm Subdivision and has the following comments: • Right turn lane will be required from 181h Ave SW (Co. Rd. 147) to Hart Dr. SW. • Street sign and stop sign payment required. Sincerely, Michael Sheehan County Engineer MTS:ss t:lenginclockp lanzone. doc P Administration AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Building Maintenance Surveying and Mapping Engineering Highway Maintenance Parks S Agriculture Solid Waste E 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: September 25, 2000 TO: Theresa Fogarty FROM: Planning Dept. Addressing Staff CC: RE: HART FARMS SUBDIVISION (REVISED) A review of the preliminary plat has turned up the following roadway/address related issues: 1. Lone Oak Lane is already in use elsewhere in the county, and Emergency Responders have expressed a concern to avoid similar roadway names. RECOMMENDATION: Rename the roadway and use Lane SW. Suggesting the use of HART LANE SW. 11 Page 12. dql City Planning and Zoning Commission Minutes Hearing Date: September 13, 2000 per the attached memo fro Roch .ster Park and Recreation dated August 2212000.; 6. Landscape islands proposed hin the cul-de-sacs shall be maintained by private care and maintenance agree a and/or a Homeowners Association. Preliminary Plat #00-39 by MOG. LLC to be known as Hart Farm Subdivision This Plat proposes to subdivide approximately 21.63 acres of land into 52 lots for low density residential development and also to dedicate right of way for four public roadways The property is located along the west side of 18 Avenue SW (Co. Rd. 147) north of 40 Street SW, and across from 3,F 6 Street SW. Ms. Theresa Fogarty presented the staff report, dated September 8, 2000, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Ms. Fogarty stated that Condition Number to should be revised to change "19a' Avenue SW" to a named "Lane SW". She stated that the consultant has indicated that it will end to a cul-de- sac. Ms. Fogarty stated that the applicant is not in agreement with a mid -block connection. Mr. Bill Tointon, of McGhie & Betts, Inc., addressed the Commission. He stated the applicant is concerned about the mid -block connection (Condition Number 1 d listed in the staff report). He stated that they are not opposed to mid -block walkways that go to open spaces, parkland, churches, schools, etc. However, they do not agree that a mid -block walkway is needed because the street is 130 feet longer than Code and because it is adjacent to a busy arterial street. He stated that having the mid -block connection would increase the risk of liability. Mr. Tointon stated that the applicant agrees with the rest of the staff -suggested conditions. He stated that they are willing to revise the plat as long as it does not hold up the process and they will not revise it to show the staff -suggested Condition 1d. Ms. Baker stated that, if Mr. Tointon gives the Planning Department the revisions by the end of the week, they could stay on schedule for the City Council hearing. Ms. Baker stated that Section 64.227 of the Zoning Ordinance regarding trail thoroughfares and sidewalks addresses the requirements for a pedestrian facility mid -block connection. Mr. Sulk asked if the Commission would need additional findings, if they approved the request without the mid -block connection condition. Ms. Baker explained the process the applicant would need to go through to have the condition waived. With no one else wishing to be heard, Mr. Sulk closed the public hearing. ��j� TRANSPORTATION S7 5D DEVELOPMENT APPL. Jurisdiction AoolicatI DATABASE - 1998 Working through an analysis of expected westbound queuing that would be created by a signal at the intersection of 20's St and 11" Ave, we estimate that the peak hour queue length will be on the order of 175-200 feet, and thus it should not block the driveway. We also analyzed the level of service that would be expected at the intersection created by the ropcsed access location, which will be mirrored on the south side of the future 209 St by a driveway serving a proposed 80 unit multi -fain ly development. Based on projected traffic flows at these driveways the resulting Level of Service (a measure of congestion) should meet city standards for unsignalized street intersections. City PKD U-26 No comment Reynolds/ South ointe City Final Plat 0-34 No comment Weatherstone City PRD 99-17 No comment Pinewood City GDP 154 To clarify the restrictions on use types proposed as part of the GDP would suggest 0&B the following language: Commercial Center "Uses allowed shall be limited to only those permitted uses in the B-4 District which are characterized by a AM Peak Hour distribution with a percentage of inbound trips at 70% or greater AND a percentage of PM Peak Hour outbound trips at 70% or greater. The current Institute of Transportation Engineers (ITE) Trip Generation Manual shall be the primary reference source for making this determination. Uses permitted shall be further limited to those permitted uses in the B-4 District which have a typical trip generation rate of 125 trips per acre or less, as reported in the ITE Trip Generation Manual, or where the calculated trip generation based on the proposed site development plan will be less than 125 trips er acre." City Cond Use 0-24 No comment comment Amendment City Prel Plat 0-17 I Final plat should include platting of controlled access along frontage of property Valley Side on 40 Ave SE Estates City Prel Plat 0-40 No comment No comment City C Use 0-25 No comment Northern Valley Animal City Prel Plat 0-39 On the final plat access control should be platted along the entire frontage of 18"' Hart Farm Sub Ave except for the proposed opening of Hart Drive, and along the south side of lot 1, Block 1; and the north side of Lots$, Block 3 sr. A 10 foot easement for pedestrian facilities should be provided along 18t° Ave to allow future development of a trail or sidewalk along this corridor. City Prel Plat 0-38 No comment Summit Pointe r Page 13 City Planning and Zoning Commission Minutes Hearing Date: September 13, 2000 Mr. Burke moved to recommend approval of Preliminary Plat #00-39 by MOG, LLC to be known as Hart Farm Subdivision, with staff -suggested findms except CohditioftNumbe�:< 1 d, and with the condition that the applicant submit a design modificatlonapp)icatiorl before the City Council meeting The motion died due to a lack pf a second Y ' Ms, Petersson moved to recommend approval of Preliminary Plat #0049 Lid MGIG, ILL. C 30 , be known as Hart Farm Subdivision with staff suggested'rconditlons. Mr. Stavei'4 a seconded the motion: The motion carried 5-1g frith 1VIr 'Burke ...ae 4 s f a -'t_ > z# 4 r "1 ✓ � ? t 7 t CONDIT10NSz r �< ? c r y`4- �.,•= s fiea r. +w. t z° T..•f" 4�y R-4'' a rn i R ..F ! i.10. 5 Thq Plat shall be.revWa i".mJ'.. k, v p= �.,� b Changing the desigqnation of "19"'Auenuo S#AlrNarned'i c Providing a 20` mintmum pul)llip utt1 eassmenttof the "wat$rrnalq loll 3t befyireen Lots 16 and 17, Block 3, tprops xi. indicate easements for u�iflc ut�litlewatermn, �anitr�► s r ansto n v! ? )- S�•1�3-`^ i NA'" p e..>t R f y 4eter0r) at a minimum 9#P s eact alof #ha Pi#.fi^ �" " Ra Je .R'^.'•! s�+" x5rcdt�`•.f:' .f. .x. e: Drrftitb a 3 wide outl04,6lcl block connection in th$ area L�1 Blyck 1 connecting 9 Pyenue S , to,the 1 wide destrleLLnifare♦a .N � K Ak �+e�ntt4• t �jF �p•qA Y"fCS-.,3pi'.� -%i.. r)Y as4a•�f ur•5.�'�4.sti yv� Yx 'C a F '" ty. -`'i''"•Y'' 1nL B. s �'c: +` s -4' .u„ D ? t rw'i i '� '�, •�"!Lf x! ' < ! *is N 'sY -. x ! . Tr- v p ,�u. + . v P 5 StorrwmmuseprQdedTia 4 } z ' easements fps the l;ollrstctlon of off site stormwater detention facilttiesrir to subltiri6 Fal tat, �' �^ T" r s +C sH'r •CreG = j r }'ia 7 The Deyeiopex Shah dater, ]nth a bveoi pent �1Bfeent w�1i is l�;Tra�trN;,r� } 1;oiFnester Mat outtlnea the obllgat o of the aifpiican�Fel tl to, stow# +Hater manag¢R)enti park 0 gatlon traft]c itrlP!'4Veipe facilities contributions for puI 11 1(rira }ry,ciure lraciudirtg cant�ut�on Pb atio�;r s..v?'� x > k 6 } [ P a dw 3y noar� ,9irgv�ln#ltt$ fb tii !bytaba tQ 3h� #1 s �.°Ti'Pt� lnil� be required fo execltg a nec�ta easamai►ts for the g�ttenTr%n utilities priortbsubmiftal ° $ �]Pl .%r `� x ya r < i `f ,{;�y'' ya ♦4 7"it's �w� UsYul' f) ,ps ,.,,, .rr r �T i�->'• t V ..- � ys' s , � 'A� �".4%i%�1'�+,�e t v•"Cy q � ^� i r ¢ r r �� +� ur 7em crarlruri#-a�oundr and associatgd basemen shall no{r�tet�lx�axtleyr►d/dot}lii{a.�ryoad+rra+our�►rtrne 9 P�Xelaue� �+8 = elderlt Y� 71 �rA - 9 !4 tight turn lane will be required from 1$"';4v@hue SW /t;o road 1 ra 13 i` SW, The Developer. Is res onsibl1101 e f r all costs asaoc�iated v�dth d0% mrof t 1e P P Q ,pF a . right turn lane. �Yv..�"^. iQ, Pgdestrtan facilities are regulredalong both sideo>rtallrel+l rgadlnft p/pdeast,rfi. an bituminous patTN l along long d 3 Rbad A ,, Y 11. A 4 padestrian facilith ies easement located along the westerly RpLY ofi 1 e Keslpe SLY (Co: (toad 147j shall be dedicated and recorded flrlor tq recording th$pa1 Plat documents. The Final Plat document shall Identify the record¢d edestrlarl'= "' /)age 34 0 • �pLL City Planning and Zoning Commission Minutes Hearing Date: September 13, 2000 e Mr. Brent Svenby presented staff reports, dated S tember 6, 2000 and September 7, 2000, to the Commission. The staff re its are on file at t Rochester -Olmsted Planning Department. Mr. Svenby stated that the applicant he gre with the findings listed in the zone change and general development plan. He indicated t e Commission would need to make three separate motions. The applicant is also in ement with the conditions recommended on the preliminary plat. Mr. Stever stated that there were issues at the neighborhood meet He asked how the issues are de-c Mr. Svenby responded that a be approved by the MN DNR the Park and Recreation Dep sev al questions r ' ed relating to drainage and grading 3g He stated that th questions were deferred to the City. rth. cannel work within Bear Cree or Badger Run would need to the Army Coorp of Engineers. xious weeds are handled by Mr. Harvey Ratzloff, of 4J62 6" Street NW, addressed the Commission. Xe stated that they plan to make an area av ilable to the outlot. The area that would be used Nan underground storm sewer will be wi ned to 25 feet. He stated that he agrees with the sta uggested findings and conditio on all three applications. With no one elsekishing to be heard, Mr. Suk closed the public hearing. Ms. Petersson owed to recommend approval of Zoning District Amendment #O0-13 by Ratzioff/Bigel Development with staff -suggested findings. Mr. Burke seconded the motion. The 1Uoti9mcarried6-0 REQUEST FOR COUNCIL ACTION MEETING R53 % DATE: 10-2-00 AGENDASECTION: ORIGINATING DEPT: ITEM NO. "3LIC HEARINGS PLANNING r 3 i cM DESCRIPTION: Type III, Phase I Final Plat #00.06 to be known as Summit Pointe. The PREPARED BY: plat proposes to subdivide approximately 7.98 acres of land into 24 lots for single- Mitzi A. Baker, family residential development and one outlot, and also proposes to dedicate right -of- Senior Planner way for new public roadways. The property is located east of 501h Avenue NW, north of Savannah Drive and North Park Ninth Subdivision and includes the extension of Shetland Drive NW. September 27, 2000 Planning Department Review: See attached staff report dated September 27, 2000 with the following recommended conditions or modifications: 1. Easements for off -site utilities and a temporary turn -a -round must be executed with the City prior to recording the final plat documents. 2. Outlot "A" shall be dedicated to the City for access to the future park. No parkland dedication credits will be extended for the dedication of the Outlot. The applicant is responsible to grade the island within the cul-de- sac and establish turf within the island. No parkland dedication credits will be extended for the island. 3. Parkland dedication for this plat shall be me via deferred land dedication per the attached memo from Rochester Park and Recreation dated September 21, 2000. Dedication for park purposes shall occur when the park area Is accessed via a roadway or the Park Department wished to begin development of the park. Council Action Needed., 1. if the Council wishes to proceed, a resolution approving the plat can be adopted. r.A''Jt 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, October 2, 2000 in the Council Chambers at the Rochester / Olmsted County Government Center. 7. McGhie & Betts, Inc. COUNCIL ACTION: Motion by: Second by: to: 0 Eft� E-14 .I -i lj fig 11 owe OR i TO: City Planning and Zoning Commission FROM: Mitzi A. Baker, Senior Planner DATE: September 28, 2000 oiiiiltD�1I/ub� fpiviif�X"#, �a� n�f�I� - O��i ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 ADMINISTRATION/ 5071285-8232 PLANNING GIVADDRESSING/ 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 #00-06 to be known as Summit Pointe. The plat proposes to subdivide approximately 7.98 acres of land into 24 lots for single-family residential development and one outlot, and also proposes to dedicate right-of-way for new public roadways. The property is located east of 50Lh Avenue NW, north of Savannah Drive and North Park Ninth Subdivision and includes the extension of Shetland Drive NW. Plannina Department Review: Applicant/Owner: Arcon Development, Inc. 7625 Metro Blvd. , Suite 350 Edina, MN 55439 Surveyors/Engineers: McGhie & Betts, Inc. 1648 Third Ave. SE Rochester, MN 55904 Referral Comments: 1. Rochester Park & Rec. Dept. Report Attachments: 1. Land Development Manual Excerpts 2. Referral Comments 3. Copy of Final Plat Development Review: Location of Property: This plat is located east of 501h Ave. NW, north of North Park Ninth Subdivision. Zoning: The property is in the process of being annexed. Upon annexation to the City, it will be zoned R-1 (Mixed Single Family) district. AN EQUAL OPPORTUNITI4AFFIRMATIVE ACTION EMPLOYER �.a Page 2 Hypointe Subdivision September 28, 2000 Proposed Development: This development consists of 7.98 acres to be subdivided into 24 lots for single family residential development and one Outlot. Streets: The plat dedicates proposes to dedicate the right-of- way for two public roadways. One roadway is a northerly extension of Shetland Drive NW; the other is a cul-de-sac extending west from Shetland Drive NW. The cul-de-sac is designed with a large island that will be finished with landscape material. Utilities: Utilities are available within the North Park and White Oaks developments to serve this Plat. Sidewalks: In accordance with current City policy, sidewalk is required along the both sides of the roadways within the Plat. Drainage: Elevations on the property range from approximately 1130' in the east to 1080' in the west portion of the Plat. The property generally drains to the west. The plat proposes to capture stormwater and outlet it at the west property line. This proposed outlet and detailed grading and drainage plans will need to be reviewed further. Wetlands: Minnesota Statutes require that all developments be reviewed for the presence of wetlands or hydric soils. This plat appears to be located outside of a Wetland area. Spillover Parking: The spillover parking requirements for this development would be 29 parking spaces. The proposed roadways should be adequate to accommodate the required spillover spaces. Parkland Dedication: General Development Plan: Preliminary Plat: The Park & Recreation Department recommends that dedication requirements be satisfied via deferred land dedication. A General Development Plan (GDP) was approved for this property in March of this year. A preliminary plat was approved for this property in April 2000 with the following six conditions/modifications: 1. Storm water management must be provided for this development. The GDP indicated on -site detention would be provided. Stormwater facilities to serve this development must be constructed by the owner, concurrent with this subdivision. Any on -site stormwater facilities Page 3 Hypointe Subdivision September 28, 2000 serving 50 developable acres or less will remain private, and execution of a long term maintenance and ownership agreement will be required prior to final plat approval. 2. Easements for off -site utilities and a temporary turn -a -round must be, executed with the City prior to recording the final plat documents. 3. Outlot A" shall be dedicated to the City for access to the future park. The Outlot shalt be revised to be a minimum of 30' in width for the entire depth of the lot. No parkland dedication credits will be extended for the dedication of the Outlot. The applicant is responsible to grade the island within the cul-de-sac and establish turf within the island. No parkland dedication credits will be extended for the island. 4. Parkland dedication for this plat shall be me via deferred land dedication, which is to occur when the park/open space/wetland identified on the General Development Plan is deeded to the City. Dedication for park purposes shall occur when the park area is accessed via a roadway or the Park Department wished to begin development of the park. 5. The City is currently considering a Traffic Improvement District for this Area. If a TiD is adopted, development of this property may be subject to charges for the reconstruction of 50fb Ave. NW and 6e St. NW. Traffic from the units lying to the eastlsouth of the wetland and drainage way will primarily travel to the east and south through North Park to access 55' St. NW. This portion of the development shall contribute $40 per dwelling unit toward a fund that will be dedicated to implementing the North Park neighborhood traffic management plan. 6. The storm sewer shown to outlet west of the cul-de-sac must extend further to the west to allow for grading and installation of the trail shown on the General Development Plan. Staff 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. Easements for off -site utilities and a temporary turn -a -round must be executed with the City prior to recording the final plat documents, 2. Outlot "A"shall be dedicated to the City for access to the future park. No parkland dedication credits will be extended for the dedication of the Outlot. The applicant is responsible to grade the island within the cul-de-sac and establish turf within the island. No parkland dedication credits will be extended for the island. 3. Parkland dedication for this plat shall be me via deferred land dedication per the attached memo from Rochester Park and Recreation dated September 21, 2000. Dedication for park purposes shall occur when the park area is accessed via a roadway or the Park Department wished to begin development of the park. M"o park &r, ROCHESTER PARK AND PECREATION DEPARTMENT 201 FOURTH STREET SE ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: September 21, 2000 TO: Suzanne LaPalm Planning RE: Summit Pointe First Final Plat #00-06 Acreageof plat.......................................................... Number of dwelling units ............................................. Densityfactor............................................................ Dedication............................................................... 7.98 acres 24 units .0244 .59 acres 1. The Park and Recreation Department recommends that dedication requirements be met via deferred land dedication with dedication to occur when the t 35 acres of park / open space / wetland area shown in the GDP is deeded to the City. Dedication of land for park purposes to occur when the park area is accessed via street or the Park Department wishes to begin development of the park. 2. Outlot A which will serve as an access to the park / open space area should be deeded to the City once the grading and turf establishment is completed. No parkland dedication credits should be extended for the dedication of the outlot. 3. The storm sewer shown in the outlot should be extended westerly to allow for grading and installation of trail as indicated on the GDP. 3. The Park Department has agreed to accept responsibility for basic turf maintenance of the island shown in the middle of the cul de sac. The applicant should be required to grade and establish turf in the island. No parkland dedication credits should be extended for the island. Applicant: Arcon Development 7625 Metro Blvd Suite 350 Edina, MN 55439 N:\PARK\DSTOTZ\2000\DEDICATION\NW 2B98\SUMMIT POINTE 1ST.DOC REQUEST FOR COUNCIL ACTION MEETING dsj % DATE: 10-2-00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. 3LICHFARINGS PLANNING _rr( i i rM DESCRIPTION: Type III, Phase I Final Plat #00-16 to be known as Kingsbury Hills. The PREPARED BY: plat proposes to subdivide approximately 22.37 acres of land into 73 lots for Mitzi A. Baker, single-family residential development and one outlot, and also proposes to Senior Planner dedicate right-of-way for new public roadways. The property is located south of 55th Street NW, west of the Wedgewood Hills Subdivisions and 50d' Avenue NW. September 28, 2000 Planning Department Review., See attached staff report dated September 27, 2000 with the following recommended conditions or modifications: 1. Roadway names shall be modified as out lned in the attached memo from the Planning Department Addressing Staff dated September 21, 2000. 2. Parkland dedication requirements for this plat shall be met via cash In lieu of land In the amount of $24,030, with payment to be made prior to recording the final plat documents. 3. Utilities and easements needed to serve this plat from the Wedgwood development will be required prior to recording the final plat documents. Easements for a temporary turn -a -round must also be executed with the City prior to recording the final plat documents. ° 4. The applicant shall construct pedestrian facilities within Outlot A (in addition to both sides of all roadways) and shall dedicate said Outlot to the City. The applicant shall also construct a 10' bituminous path along the south side of 55`h St. NW. At the City's option, the Owner shall execute a Pedestrian Facilities Agreement to allow the construction of the pedestrian path along 550 St. NW at a future date. Council Action Needed: ' , o f, itC 1. If the Council wishes to proceed, a resolution approving the plat can be adopted. PdVi c G,1dRkai ,w- ativatic Utz X"a iop-/ ,f nrdca Distribution: d7 Y c Swc� con A,-C' �. 1. City Administrator G�?.O� A3 '���' 2. City Clerk 3. CityAttomey 7�uf 02� C4�- 4. Planning Department File v 5. Planning Department, GIS Division 6. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, October 2, 2000 in the Council Chambers at the Rochester / Olmsted County Government Center. F. McGhie & Betts, Inc. COUNCIL ACTION: Mobonby: second by: to: w A m I sr w I IJ N I m f 91 m - w I w I h w I m m Y G I I a wMOW a 44 N � � I k it w ml C I " � 2 h m m I �I ' � r N R R R IS, / msi !7 m w I f I ® — _�� _J I�Nsi R - 'It'N us wj h Pill 4 N rA o � � W sz L -] T i TO: City Planning and Zoning Commission FROM: Mitzi A. Baker, Senior Planner DATE: September 28, 2000 ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS OR SE ROCHESTER MN 55904-4744 ADMINISTRATION/ 507/285-8232 PLANNING GIS/ADDRESSING/ 5071285-8232 MAPPING HOUSING/HRA 507/285-8224 BUILDING CODE 507/285-8213 WELUSEPTIC 507/285-8345 FAX 507/287-2275 RE: Type III, Phase I Final Plat #00-16 to be known as Kingsbury Hills. The plat proposes to subdivide approximately 22.37 acres of land into 73 lots for single-family residential development and one outlot, and also proposes to dedicate right-of-way for new public roadways. The property is located south of 55th Street NW, west of the Wedgewood Hills Subdivisions and 50th Avenue NW. Planning Department Review: Applicant/Owner: Bigelow Enterprises 302 NW First Ave. PO Box 247 Byron, MN 55920 Surveyors/Engineers: McGhie & Betts, Inc. 1648 Third Ave. SE Rochester, MN 55904 Referral Comments: 1. Rochester Park & Rec. Dept. 2. Wetland LGU 3. Planning Department GIS Division 4. Olmsted Co. SWCD Report Attachments: 1. Referral Comments 2. Copy of Final Plat Development Review: Location of Property: This plat is located west of 50th Ave. NW and the Wedgewood Hills development and south of 5e St. NW. Zoning: The property is zoned R-1 (Mixed Single Family) district. �� AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 September 28, 2000 Proposed Development: This development consists of 22.37 acres to be subdivided into 73 lots for single family residential development and one Outlot. Streets: The plat dedicates proposes to dedicate the right-of- way for three new public roadways. Changes to roadway names will be necessary as outlined in the attached memo from the Planning Department GIS Division. Utilities: Utilities will be extended from the Wedgewood Hills development, located to the east. Sidewalks: In accordance with current City policy, sidewalk is required along the both sides of the roadways within the Plat. A pedestrian walkway will also need to be constructed on Outlot A. Drainage: This property currently drains to the northeast and the south. No on -site detention facilities are proposed with this development. At the GDP stage, the applicant informed staff that it is their intent to voluntarily participate in the City's Storm Water Management Plan and contribute toward a regional storm water facility. Concurrent with GDP approval for this property, the applicant received approval for a Substantial Land Alteration permit to alter the grades on this property by 10' or more. Wetlands: Minnesota Statutes require that all developments be reviewed for the presence of wetlands or hydric soils. Hydric soils were identified on the General Development Plan. A "no -loss" certificate has been issued for this plat. Spillover Parking: The spillover parking requirements for this development would be 88 parking spaces. The proposed roadways should be adequate to accommodate the required spillover spaces. Parkland Dedication: The Park & Recreation Department recommends that dedication requirements be satisfied via cash in lieu of land. Payment is require prior to recording the final plat documents. General Development Plan: The GDP for this property was approved on March 6, 2000. Preliminary Plat. Page 3 September 28, 2000 943 The Preliminary Plat for this property was approved in June, 2000, subject to the following modifications or conditions: 1. Parkland dedication requirements for this Plat shall be met via cash in lieu of land in the amount of $13,500.00 (per acre)which is due prior to recording the final plat documents for this Plat. 2. The owner shall contribute to the Traffic Improvement District (TID) at the rate established for the district by the City Council. If the TiD is not implemented, the applicant shall. a. Construct necessary turn lanes to serve the property, AND b. Pay the Substandard Reconstruction Charge, OR c. Provide construction work in lieu of cash payment as outlined in the Policy 3. Utilities and easements needed to serve this plat from the Wedgwood development will be required prior to recording the final plat documents. Easements for a temporary turn -a -round must also be executed with the City prior to recording the final plat documents. 4. The applicant shaft construct pedestrian facilities within Outlot A (in addition to both sides of all roadways) and shall dedicate said Outlot to the City. The applicant shall also construct a 10' bituminous path along the south side of 55f8 St. NW. At the City's option, the Owner shall execute a Pedestrian Facilities Agreement to allow the construction of the pedestrian path along 5!r St. NW at a future date. Staff Review and Recommendation: Staff has reviewed this final plat for compliance with the applicable regulations and recommends approval subject to the following conditions/modifications: 1. Roadway names shall be modified as outlined in the attached memo from the Planning Department Addressing Staff dated September 21, 2000. 2. Parkland dedication requirements for this plat shall be met via cash In lieu of land In the amount of $24,030, with payment to be made prior to recording the final plat documents. 3. Utilities and easements needed to serve this plat from the Wedgwood development will be required prior to recording the final plat documents. Easements for a temporary turn -a -round must also be executed with the City prior to recording the final plat documents. 4. The applicant shall construct pedestrian facilities within Outlot A (in addition to both sides of all roadways) and shall dedicate said Outlot to the City. The applicant shall also construct a 10' bituminous path along the south side of 55t° St NW. At the Cfty's option, the Owner shall execute a Pedestrian Facilities Agreement to allow the construction of the pedestrian path along 55m St. NW at a future date. ROCHESTER PARK AND F-;REATION DEPARTMENT 201 FOURTH STREET SE ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: September21, 2000 TO: Suzanne LaPalm Planning RE: Kingsburry Hills I" Final Plat #00-16 Acreage of plat.......................................................... 22.37 a Number of dwelling units ............................................. 73 units Density factor............................................................ .0244 Dedication............................................................... 1.78 acres Fair market value of land ............................................. $13,500Iacre The Park and Recreation Department recommends that dedication requirements be met via: cash in lieu of land in the amount of $24,030 (1.78 a x $13,500/acre) with payment to be made prior to recording of the final plat. Applicant Bigelow Enterprises P 0 Box 247 Byron, MN 55920 \\CITY OF ROCHESTER\CITYHALL\PARK\DSTOTZ\2000\DEDICATION\NW 2898\KI14GSBURY 1ST.DOC 0 z 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: September 21, 2000 TO: Jennifer Garness FROM: Planning Dept, Addressing Staff CC: RE: KINGSBURY HILLS A review of the final plat turned up the following ROADWAY issues: 1. KINGSTON COURT NW has been Illustrated incorrectly. RECOMMENDATION: Change KINGSTON COURT NW to KINGSBURY PLACE NW. 2. No roadway designation for the roadway lying west of the intersection of KINGSBURY STREET NW and 56 AVENUE NW. RECOMMENDATION: Illustrate this portion of roadway as KINGSBURY STREET NW. 3. No roadway designation for the roadway lying south of the intersection of illustrated KINGSTON COURT NW and 56 AVENUE NW. RECOMMENDATION: Illustrate this portion of roadway as 56 AVENUE NW. A review of the final plat has turned up the following ADDRESS related issues: 1. Supplementary Address Signage may be required to eliminate complicated addressing situations. This signage must be coordinated with the GIS / E-911 Addressing Staff in cooperation with the Rochester Fire Department. If required, this signage will be detemuned at the time of address review. a we pledge, xve delwfr 11 507/280-1579 September 22, 2000 TO: Jennifer Gayness, Planning Department Rochester -Olmsted Planning Department FROM: Michael J. Engle, Supv. Of Distribution Design Rochester Public Utilities SUBJECT: Type III, Phase I Final Plat #00-16 to be known as Kingsbury Hills. The plat proposes to subdivide approximately 22.37 acres of land into 73 lots for single- family residential development and one outlot, and also proposes to dedicate right-of-way for new public roadways. The plat also dedicates the right-of-way for new public roadways. The property is located south of 55th Street NW, west of the Wedgewood Hills Subdivisions and 50th Avenue NW. 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, 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 1 facsimile 507.280.1542 ' website www.rpu.org a OLMSTED SOIL AND WATER CONSERVATION DISTRICT 1485 Industrial Drive NW Room 102 Rochester, Minnesota 55901 (507)280-2850 MINNESOTA SOIL AND WATER CONSERVATION DISTRICTS Date: September 21, 2000 To: Jennifer Garness From: Tony Hill � RE: Final Plat Review — Kingsbury Hills Subdivision #00-16 Final Plat Review In response to the Final Plat application for Kingsbury Hills Subdivision, we found sever erosion problems currently taking place within the plat. Attached, please find a photo log of the current problems. The site does not appear to be in compliance with the Erosion Control Ordinance and the NPDES permit. Evidence of sediment leaving the site was witnessed on the south end of the plat. In addition, soil piles are located in the drainage ditch along 55th Street and the perimeter silt fencing on the north side of the plat has been completely removed. Sediment from the site appears to be impacting a drainageway that connects to Kings Run. District staff recommends that the developer and contractor work with the City of Rochester Public Works staff to correct these problems before approval. If you have any questions or comments, please call me at 280-2850. cc: David Kramer, Rochester Public Works 't k - ..gp. SO, 94 IS 1 PM �~ 55th ST. N.A. t re s araa N. r. p p A2N=ouar araarr JER t ,L t t t .I. A I�I M b � f aHq r eta q lion 1 r b V �.� }• t +�. ,� It'll�j� mill �•li IL y 11 l� L I t7 15- n�7; , w. r Ir O `• A I ro W C . ro a R � tv I N Y` I j�J/i�l I a q O a .3 OUMnOT 'A' » paYpBLar L7 1R►. � N 1 4 I o �itMM L L U N P L A T T E D r 1 b I My N a L' a © Y I h A • p, • I q b ,y a i I a w ~ I m C I O e •r N Y 4 ? I A ALL J REQUEST FOR COUNCIL ACTION MEETING 0 DATE 10-2- 0 ` 1 AGENDASECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING e, -1'5 i i rM DESCRIPTION: Final Plat #00-25 to be known as Emerald Hills Third PREPARED BY: Subdivision Brent Svenby, Planner September 27, 2000 Planning Department Review: The Planning Staff has reviewed the submitted final plat. Staff would recommend approval of the final plat with the following conditions/modifications: 1. Outlot A be dedicated to the City. 2. Parkland dedication for this plat shall be met via a reduction in the existing dedication credits (1.61 acres) from the 1996 dedication of 5.0 acres when the Century High School Site was purchased. The applicant agrees to grade and sod the 31.94' wide access between Lot 8, Block 1 and Lot 34, Block 2 to meet the standards of the Park and Recreation Department for access. 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. RecordinglFreasurer/Auditor's Statement Pul-� WO-4 . Aa. � 2. Recording Fee Q.w�R- 3. Title Opinion 4. 1 Original Plat Mylar 5. 3 Mylar Copies of Plat t;� AnG 4N�H� w..e( Attachment: NNw�—� q.y�vCq�LQ! ►! „ �( September 1. Staff Report dated 27, 2000. Distribution: 1. City Clerk �11 2. City Attorney 3. Planning Department File 4. Planning Department —GIS 5. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, October 2, 2000, in the Council/Board Chambers at the Government Center, 151 4th Street SE. 6. Yaggy Colby Associates COUNCIL ACTION: Motion by: Second by: to: Ndld 1N3Wd0._A34 a14 F jF LL L_IJ' UNPLATTED 0 c 269'13'33" 257.6 ' u p •� �LT<O 4 a i -a _o,ti �2 2fi9'134 a II 158 04 •��, OI +.� W16- � � I"'mow 8 8 I m m x 1 •, T l C]' z55 l 'y, f C LLEEN n»'.>k px.r COLLEEN p g ., LANE NE lv.0 a ».]. :>. St. NE !4 E'1 V1 i�7,iYY Y Y Ora ' ..a e Kwe Z 89'2947" 925.29 .v n....�...� .i ......-.._.._..........way.r o.e,.........._._. CENTURY HIGH SCHOOL �€ LOT 1 BLOCK 1 ` _ . 3 -As •. A ] 8 � ? i51 6 r...r �rr'sar•� +pla��:o�os�� ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 TO: Rochester Common Council ADMINISTRATION! PLANNING GIS/ADDRESSING! FROM: Brent Svenby, Planner MAPPING HOUSINGIHRA DATE: September 27, 2000 BUILDING CODE WELLISEPTIC FAX RE: Final Plat #00-25 to be known as Emerald Hills Third Subdivision. Planning Department Review: Applicant/Owner: Fred Schmidt 3200 SE 60" Ave. Rochester, MN 55904 Surveyors/Engineers: Yaggy Colby Associates 717 3rd Ave. SE Rochester, MN 55904 Referral Comments: 1. Park and Recreation Department 2. Planning Department- Wetland LGU 3. Planning Department — Transportation 4. Planning Department —Addressing 5. RPU Water Division 6. RPU Operations Division 7. Olmsted Co. SWCD 8. Rochester Public works Department Report Attachments: 1. Referral Comments (4 Letters) 2. Location Map 3. Copy of GDP 4. Copy of Final Plat 507/285-8232 507/285-8232 507/285-8224 507/285-8213 507/285-6345 507/287-2275 Plat Data: Location of Property: This plat is located north of Century High School, east of East Circle Drive and west of Darcy Drive NE. Zoning: The property is zoned R-1 (Mixed Single Family) in the City of Rochester. Proposed Development: This development consists of 28.44 acres to be subdivided into 42 lots for single family residential development and one Outlot. �� AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER r 1 t!1 Page 2 6 `f' Emerald Hills Third Subdivision September 27, 2000 Streets: The plat dedicates right-of-way for two (2) public roadways. The first roadway is "Colleen Lane NE", an east/west street, ending as a cul-de-sac. This street is designed with a 37' wide surface with a 66' right-of- way width. The cul-de-sac is designed with a 60' cul- de-sac bulb radius with a 45.5' radius to the back of the curb. The second roadway is "Rosemary Lane NE", a north/south roadway, ending as a cul-de-sac. This street is designed with a 37' wide surface with a 66' right-of-way width. The cul-de-sac is designed with a 60' cul-de-sac bulb radius with a 45.5' radius to the back of the curb. The proposed roadways meet the minimum standards as outlined in the Thoroughfare Plan and the Land Development Manual. Sidewalks: In accordance with current City policy, sidewalk is required along the streets being dedicated in this plat Drainage: The property generally drains to the north. Storm sewer is proposed within this plat to capture runoff. Two outlets are proposed which drain storm water to the eastern boundary of the Plat, which then drains north. The owner has voluntarily agreed to participate in the City's Regional Storm Water Management Plan for those areas that do not drain to an approved onsite storm water facility. Wetlands: Minnesota Statutes now require that all developments be reviewed for the presence of wetlands or hydric soils. According the Soil Survey, hydric soils appear to exist in the area covered by Outlet A. Public Utilities: The City has approved the construction plans for the public utilities being installed for this project. Spillover Parking: The spillover parking requirements for this development would be approximately 50 parking spaces. The proposed roadways should be adequate to accommodate the required spillover spaces. Parkland Dedication: Parkland dedication for this plat should be met through a reduction of existing dedication credits from the 1996 dedication of 5 acres when the Century High School site was purchased. Page 3 Emerald Hills Third Subdivision September 27, 2000 General Development Plan Preliminary Plat: This property is included within the Emerald Hills General Development Plan, which was originally approved in 1997 and amended in 1999. A preliminary plat for this property was approved by the City Council on July 17, 2000 with the following conditions: 1. The portion of the roadway that extends to the east from the intersection of Rosemary Lane NE and Colleen Lane NE must be labeled as Colleen Street NE. 2. OutlotA be dedicated to the City. 3. Parkland dedication for this plat shall be met via a reduction in the existing dedication credits (1.61 acres) from the 1996 dedication of 5.0 acres when the Century Nigh School Site was purchased. The 31.94' wide access between Lots 8 and 9 Block 1 must be graded to meet the standards of the Park and Recreation Department for access. Plannina Staff and Recommendation: The Planning Staff has reviewed the submitted final plat and finds that it is consistent with the approved preliminary plat. The staff would then recommend approval subject to the following conditions: 1. Outlot A be dedicated to the City. 2. Parkland dedication for this plat shall be met via a reduction in the existing dedication credits (1.61 acres) from the 1996 dedication of 5.0 acres when the Century Nigh School Site was purchased. The applicant agrees to grade and sod the 31.94' wide access between Lot 8, Block 1 and Lot 34, Block 2 to meet the standards of the Park and Recreation Department for access. 3 117 a�g ROCHESTER Minnesota 9/27/00 TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DEPARTMENT OF PUBLIC WORKS 2010 Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX— 507-281-6216 The Department of Public Works has reviewed the requested application for a Final Plat #00-25 on Emerald Hills Third Subdivision (Fred Schmidt) property. The following are the Public Works comments on the proposal: 1. A Development Agreement has been executed for this property. 2. Storm Water Management must be provided for this development. Charges & fees applicable to the development of this property are addressed in the Development Agreement, with exception of: •:• Traffic Signs as determined by the City of Rochester Traffic Division: 2 Street Name Signs 1 Dead End Sign C:\TEMP\FP#00-25. doc a1 • ROCHESTER PARK AND 111CREATION DEPARTME T � 201 FOURTH STREET SE ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: September21, 2000 TO: Jennifer Garness Planning RE: Emerald Hills T4 Final Plat #00-25 Acreage of plat.......................................................... 24.44 a Number of dwelling units ............................................. 42 units Density factor............................................................ .0244 Dedication............................................................... 1.20 a Fair market value of land ............................................. The Park and Recreation Department recommends that dedication requirements be met via: Reduction in existing dedication credits (1.61 acres) from the 1996 dedication of 5.0 acres when the Century High School site was purchased. At the applicants request, Outlot A is to be deeded to the City. The Outlot is a steeply wooded ravine. The applicant should be required to grade and sod the 31.94' wide access between Lot S Block 1 and Lot 34 Block 2. Applicant: Fred Schmidt 3200 60 Ave SE \\CITY OP ROCHESTER\CITYHALL\PARK\DSTOTE\2000\DEDICATION\NE 2896\EMERAL0 HILLS 3RD.DOC AD • WETLAND COMMENTS FOR DEVELOPMENT APPLICATIONS Application Number: ?id W �E)Q - 25 �KIEL No hydric soils exist on the site based on the Soil Survey Hydric soils exist on the site according to the Soil Survey. The property owner is responsible for identifying wetlands on the property and submitting the information as part of this application. A wetland delineation has been carried out for the property and is on file with the Planning Department A wetland delineation is on file with the Planning Department and a No - loss, Exemption, or Replacement Plan has been submitted to the Planning Department. A wetland related application has been approved by the City. This plan incorporates the approved wetland plan. No hydric soils exist on the property based on the Soil Survey. However, due to the location in the landscape the property owner should examine the site for wetlands. The property owner is responsible for identifying wetlands. • AI From John Harford Wetlands LGU Representative 4( OLMSTED SOIL AND WATER CONSERVATION DISTRICT 1485 Industrial Drive NW Room 102 Rochester, Minnesota 55901 (507) 280-2850 MINNESOTA SOIL AND WATER CONSERVATION DISTRICTS Date: September 21, 2000 To: Jennifer Garness From: Tony Hill 0 RE: Final Plat Review — Emerald Hills Third Subdivision #00-25 Final Plat Review in response to the Final Plat application for Emerald Hills Third Subdivision, we found severe erosion problems currently occurring within the plat. Attached, please find a photo log of the current problems. The site does not appear to be in compliance with the Erosion Control Ordinance and the NPDES permit. District staff have inspected the subdivision on numerous occasions and commented on the erosion problems at the site. Inspection reports with recommendations for improvements have been issued to the developer. Erosion problems continue at the site. Sediment is travelling to the storm sewer system where it could be impacting Silver Creek. District staff recommends placement of a wood fiber blanket along the south side of Block 1 where the rill erosion is occurring on the slope (see Photo 1). In addition, temporary seeding, mulching and silt fencing is recommend for the area that is currently experiencing the gully erosion (see Photo 2). Seeding and mulching should be conducted prior to October 1, 2000. In addition, we recommend that the developer and contractors work with the City of Rochester Public Works staff to correct these problems before approval. If you have any questions or comments, please call me at 280-2850. cc: David Kramer, Rochester Public Works C5 R F- � i� ;�i y �'•;l - u, y ! s `� 3' �•� ss' � ti� F x $ jf ' R .". •3 Fla stl � s�ii e•t; . t N001B a l 101 13 l 30 ZQ Z o oo� JJJ ♦YO l e--• : �: m 3 a r •am ., a 19 NVI n N33�10� x ....t.. x • tib an z SC W � •1 W N ^rr ^ � g J 0 M �M 8 xQ x i � 'n i t t . 4. 9�� ■ , N � • �l Ji O �--.v m K re • n C3 go it � q•, y 1g ....+. Q 'o e • o Q 4 LIJ ea z i i r � ex^ lqq m , _ � _—_ N M, M tr 8• i ^ um n [ _ W .f �p •' t �t4. C �5.�� F I .1 i 71 9 � , LL do 99l ^ Bg'qE'm l •ff,flb9L 7� .s o bIF . 6 7 0 a3LLYIdNn W cn REQUEST FOR COUNCIL ACTION MEETING 5' DATE: 10.2-00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. BLIC HEARINGS PLANNING � ../(P ITEM DESCRIPTION: Vacation Petition #00-11 by Western Walls to vacate ROW and a utility PREPARED BY: easement in Rose Harbor Estates and Rose Harbor 4s' Subdivisions. Mitzi A. Baker, Senior Planner September 27, 2000 The Rochester Planning and Zoning Commission reviewed this vacation petition on September 27, 2000 and recommends approval subject to a new public utility easement being dedicated prior to recording of this vacation petition. Council Action Needed: 1. If the Council wishes to proceed, a resolution approving the vacation can be adopted. 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, October 2, 2000 in the Council Chambers at the Rochester 1 Olmsted County Government Center. I COUNCIL ACTION: t&fim by: Sewnd by: to; TO: City Planning and Zoning Commission FROM: Theresa Fogarty, Planner •ZIY DATE: September 21, 2000 .OY.POC N ES TER •.LItd�1. Fy O'pd �/'Ep•A L' GU5h'S• �• ROCHESTER-OLMSTE❑ PLANNING DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 ADMINISTRATION/ 507/285-8232 PLANNING GISIADDRESSING/ 507/285.8232 MAPPING HOUSINGMRA 5071285-8224 BUILDING CODE 507/285-8213 VVELUSEP71C 5071285-8345 FAX 5071287-2275 RE: Vacation Petition #00-11 by Western Walls, Inc. to vacate a portion of a 10' wide utility easement located within Lots 1 and 2, Block 1, Rose Harbor Estates and also to vacate a portion of the street right-of-way platted in Rose Harbor 4" Subdivision, lying adjacent to Lots 1 and 2, Block 1, Rose Harbor Estates. Plannina Deaartment Review• Petitioner(s): Western Walls, Inc. 604 NW I Vh Avenue, Suite 100 Rochester, MN 55901 Reason to Vacate. A redesign of the intersection places the curb and sidewalk away from the property line, The petitioner would like to have the utilities located near the sidewalks. Referral Comments: Department of Public Works Rochester Public Utilities - Water Division Report Attachments: 1. Vacation Petition 2. Location Map 1 Proposed ROW / Utility Easement Vacation Exhibit 4. Proposed dedication of new Utility Easement Exhibit 5. Referral Comments - 2 letters Staff Recommendation: Upon review of this request staff recommends approval of this vacation petition subject to: 1. Anew 10' wide public utility easement shall be dedicated prior to recording of this vacation petition. -. -., „q„4- AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER IZ ASTREET VACATION EXHIBIT M SE CORNER LOT 2 DESCRIPTION: SEE ATTACHED. NO SCALE 8/23/00 v a. c&-4e-d EASEMEN VACATIQ N EXHIBIZ �q SE CORNER LOT 2 vat islow DESCRIPTION: SEE ATTACHED. NO SCALE 8/23/00 Vk. E. +iv k, lja.cu4-ed 1 V-11.UjLk. V 1 1L1�' 1 EASEMENT EXHIBIT e SE CORNER LOT 2 DESCRIPTION: SEE ATTACHED. NO SCALE 8/23/00 ROCHESTER Minnesota 9i 11/00 TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DEPARTMENT OF PUBLIC WORKS 201 4'h 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 Vacation #00-11 by Western Walls. Inc. on the Rose harbor Estates 4th Subd. property. The following are Public Works comments on the proposal: 1. Public Works has no objection to the requested vacation, provided that prior to approval, an easement document is executed for the proposed new description of the utility easement. C:NTEMRVAC#00-11. DOC rrul ,ee pteiye. we r/elliler September 12, 2000 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Vacation Petition #00-11 by Western Walls, Inc. to vacate a portion of a 10' utility easement located within Lots 1 & 2, Block 1 Rose Harbor Estates and also to vacate a portion of the street ROW platted in Rose Harbor 41h Subdivision adjacent to Lots 1 & 2, Block 1 Rose Harbor Estates. Dear Ms, Garness: Our review of the referenced petition is complete and our comments follow: 1 If either of the water curb boxes fall within the sidewalk area they will need to have a curb box cover installed per City detail plate #1-06. Please contact us at 507-280-1600 if you have any questions. Very truly yours, "440t 40c, Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Bureau McGhie & Betts, Inc. Western Walls, Inc. Rochester Public utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-290-1540 facsirnile 50711280.1542 City of Rochester, Minnesota Date: U"1 ro: Mayor and Common Council City Hall City of Rochester, Minnesota Petition to Vacate Public Right -of -Way or Utility Easement We, the undersigned, are the owners of the following described property located within the city of Rochester, Minnesota, and we constitute 50% or more of the owners of the property on the line of the public property herein described to be vacated: (Describe here or attach a separate list showing the legal description and full ownership of each adjoining parcel.) ,Owners Name (If in joint tenancy, both or all parties must sign) Legal Description y�nL4CL ff1C. Lo}j ' �j�oc� 4c Oarbror t 5+cL+�-s Je hereby petition the Common Council of the City of Rochester, Minnesota, to vacate Ll Is following described public property: �O' tt4, I,�-yt(,cCITtn7 w �h'in �UtS I" gk I ^OSr 4-rrbor ES4-e,4gS 4 -k Pc,( loner Q.r\ he S+re u2 o W0.1 Nor bof Par o )o-Ar, Q 1 r, Cos[ I-ia se Ackf tb r -t s r . The facts and reasons for such vacation are as follows: 1. 1n OYcier 'o rY.o_kx 0. So4er '1n�frSeAic,� r/ W4 W0v-icc 1 1 U i-o lea✓e I t +i r12ar �K-A- Stdewalt' r-5 \�r \ 5 .r, 4Q 4-Q S-4"�eis. 3. Fa #192"e Page 1 of 2 Your Petitioner respectfully requests that such proceedings as shall be necessary to accomplish this vacation be instituted as soon as possible. (00y //h /✓P NWT oc f 59D i Note: In cases where the property n re of P tioner Address is owned in joint tenancy, (Husband and wife, etc.) both owners must sign the Signature of Petitioner Address petition. Signature of Petitioner Address State of Minnesota County of (�1m s i �f On this C�L ,4b day of said County personally appeared Signature of Petitioner Address Signature of Petitioner Address /` , before me, a Notary Public within to me personally known to be t ersons described in and who executed the foregoing instrument and acknowledged said instrument to be (his her (their) free act and deed and that the facts set forth therein are true and correct to the best of (his) (her (their) knowledge. Distribution: I" JI -oluQ-* Date My Commission Expires City Clerk (white copy) Consolidated Planning (canary copy) Petitioner (goldenrod copy) Vacating Streets„ Alleys, And Utility Easements: Farm Number 1 Petition to Vacate Public Right -of -Way or Utility Easement Fond 01920-39 Sheet 2 of 2 Revised 3117180 REQUEST FOR COUNCIL ACTION MEETING�� DATE: 10-02-00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING S ►t 7 . DESCRIPTION. Annual Review of the Rural Service District Parcels PREPARED BY: Theresa Foga , Planner' September 25, 2000 City Planning and Zoning Commission Recommendation: The Rochester Code of Ordinances (Number 1466) as amended review of the Urban Rural Service Districts within the City of Rochester. The Rural Service District classification reduces the city portion of the mill rate to 17% of that for lands in the Urban Service District. Properties classified as Rural Service District are largely undeveloped and do not make use of many of the municipal services; therefore, the municipal tax levy on the property is reduced. In order to qualify for a Rural Service District classification, the property must: 1.be rural in character, 2. not be developed for commercial, industrial, or urban residential purposes 3. be part of a consolidated area five (5) acres in size, and 4. be either unused, or used for agricultural, forest, recreational, or quarrying purposes. Mr. Burke moved to approve the annual review of Rural Service District parcels as presented by staff. Mr. Stever seconded the motion. The motion carried 6-0. Additions: There are 11 properties to be added to the Rural Service District. These properties have been annexed since last year's review, and they meet the above listed criteria. They total approximately 667.49 acres and are found in "List A" -9 the attached staff report. eletions Properties that do not meet the Rural Service District qualification should be added to the Urban Service District. The properties to be deleted appear on "List B", "List C" and "List D" of the attached staff report. "List B" includes lands that were included in 25 plats. "List C" consists of 12 parcels that are less than 5 acres in size. "List D" contains 8 properties that are tax exempt. Planning Department Recommendation: See attached staff report dated, August 17, 2000. Council Action Needed: 1.If the Council wishes to designate the lands listed in "List A" of the attached staff report as Rural Service District, it should instruct the City Attorney to prepare an ordinance for adoption. 2.The Council should vote to suspend the rules and have the second reading of this ordinance on October 2, 2000. 3.If the Council wishes to transfer the parcels listed in "List B", "List C" and "List D" to the Urban Service District, It should instruct the City Attorney to prepare a resolution for adoption. Attachments: ^ o 1. Staff report dated, August 17, 2000. f1 Distribution: 1. City Administrator 2. City Clerk .City Attorney: Legal Descriptions Attached .Planning Department File COUNCIL ACTION: noon«, by: second by: to' i TO: City Planning and Zoning Commission FROM: Brent Svenby, Planner Theresa Fogarty, Planner DATE: August 17, 2000 ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 ADMINISTRATION/ 5071285-8232 PLANNING GIS/ADDRESSING/ 5071285-8232 MAPPING HOUSINGfHRA 507/285-8224 BUILDING CODE 5071285-8213 WELL/SEPTIC 5071285-8345 FAX 507/287-2275 RE: Annual Review of the Rural Service District (RSD)Parcels The Rochester Code of Ordinances (#1466) requires an annual review of the Urban and Rural Service property tax districts within the City of Rochester. The City Planning and Zoning Commission conducts this review and recommends to the Common Council any changes that may be necessary. The required hearing on additions to the RSD will be scheduled for October 2, 2000, before the City Council. A 30-day notification is required for the hearing. Properties classified as a Rural Service District are largely undeveloped and do not make use of many of the municipal services; therefore, the municipal tax levy on the property is reduced. In order to qualify for a RSD classification, a property must: 1. be rural in character; 2. not be developed for commercial, industrial or urban residential purposes; 3. be part of a consolidated area over five (5) acres in size; and 4. be either unused or used for agricultural, forest, recreational, nursery or quarrying purposes. Ordinance No. 1635 states that the Common Council may determine that certain platted pieces of land may remain eligible for RSD status. The Council must determine that these properties are still rural in character and not developed for urban residential, commercial or industrial purposes. Additions to the RSD List "A" includes the tracts of undeveloped lands annexed into the City since the last update to the Rural Service District list in 1999 until August 1, 2000. v� AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER mow. • • aqq Deletions from the RSD List "B" includes those plats that have been recorded in the last year. These lands should be removed from the RSD and added to the Urban Service District. List "C" includes those tracts of land which, because of their size (less than five acres), do not qualify for inclusion in the Rural Service District and should be removed. This list also includes parcels that no longer exist due to subdivision. List "D" includes tracts of land which are owned by the public or other tax-exempt entities. These lands should be removed from the RSD because they pay no property taxes. Attachments 1. List of properties in each category 2. Maps of all properties to be added to the RSD LIST "A" ANNEXATIONS 1. 18.53 acres located along the north side of 55" Street NW and the west side of 50' Avenue NW. 2. 39.22 acres located west of Southtown Heights Drive SW, east of Greystone Subdivision. 3. 38.35 acres located south of 6511 Street NW and along the west side of 50`h Avenue NW. 4. 40.31 acres located south of 55h Street NW and west of Wedgewood Hills Subdivision. 5. 54.4 acres located east of 50'h Avenue NW, south of 65`h Street NW and north of White Oaks Subdivision. 6. 40.17 acres located south of Valleyhigh Drive NW, west of Circle Drive. 7. 40 acres located along the east side of 40'h Avenue SE, east of Eastwood Hills Second Subdivision. 8. 175.09 acres located south of 2011 Street SE, east of Highway 63 South and north of Highway 52. 9. 6.40 acres located along the south side of Viola Road NE, east of Century Hills Drive NE. 10.49.91 acres located along the east side of 23rd Avenue SE and south of 28U' Street SE. 11.195.47 acres. located south of Valleyhigh Road NW, west of West Circle Drive. LIST "B" PLATTED LANDS 1. Century Hills 4' Subdivision 2. Diamond Ridge Sixteen 3. Diamond Ridge Seventeen 4. Emerald Hills Subdivision 5. Georgetowne Homes 6. Greystone 7. Hinderman Fitzgerald Subdivision 8. Lincolnshire North Third Subdivision 9. Manor West Eleventh Subdivision 10.Orchard Hills South First 11.Orchard Ridge First Addition 12.Pineridge Estates First 13.Rose Harbor Estates 14. South Park 4`h 15. South Pointe Fifth 16.Southern Wood First 17.Southern Wood 2nd 18.Spruce Meadows Subdivision 19.The Brittanys 20.The Gardens 21.The Homestead 22.Trailridge at4l" by R.E.T. 23.Wedgewood Hills Third 24.White Oaks Fourth Subdivision 25. Wimbleton Hills Third Subdivision ;6D • • LIST "C" PLAT & PARCEL NUMBERS TO BE REMOVED FROM RSD LIST Q5 ACRES & DO NOT MEET REQUIREMENTS FOR RSD PLAT PARCEL 5160 608 5282 102 5230 1914 5230 1913 5230 2002 5282 300 5140 3920 5240 3918 5240 5202 5072 903 5160 606 5140 3909 LIST "D" PLAT & PARCEL NUMBERS TO BE REMOVED FROM RSD LIST TAX EXEMPT LANDS p I kx .`PARCEI, . t k". ;�,I u , lvIiAORg'! :01141 E 5151 914 City of Rochester 5240 3800 City of Rochester 5240 3900 City of Rochester 5240 4000 City of Rochester 5240 4100 City of Rochester 5250 4702 City of Rochester 5250 4802 City of Rochester 5160 605 City of Rochester LIST A ANNEXATION #1 2 PAI W\ANNEIATIO N DE(ZCRIPTION• E LIST A TION /2 i THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 106 NORTH, RANGE 1 �u 14 WEST, OLMSTED COUNTY, MINNESOTA, CONTAINING 39.22 ACRES MORE OR LESS. � o 30TH I13 ST m N 89'13'40* E 1304.77 HTS Dwwkc , -->> z Z 3 LnNLn Q �- 1306.38 S 89'27'39" W C� \ S` mm CRY arts— -� SCALE 1 " = 600' — z o U N P L A T T E D I U -1 0 0 37TH ST J �mIJ w1�2 M 37TH ST 4 N IN rat: scar 1' - 600' ROCEESTER PROPERTIES a� e: BNC 1224 PIES 96th ST. SUrrE 2B LOW M Ghie BetS,lne. 0": 09/01/99 ' BLOOXINGTON, HINNESOTA A= m = 5139/923 55431 - _ — — __.. ftm r , aarauLm LIST A ANNEXATION /3 I I &S a sit ij I I I I 11 , ..4 t, J-...... I - I �Dq LIST A ANNEXATION 14 c ��y m m N r N 7 3o5—i d w C. m 2 C OEM LIST A ANE%ATION 15 R v G N G 7 Im i 3ot� BADGER PROPERTY E; i PART OF SEC:9.T70)N. R1 AN' �, ROCHESTER. OLMSTED CDVNTY. MINNESOTA If GENERAL DEVELOPMENT PLAN F�! =3 r 11110 111 mol I —�: Z� LIST A ANNEXATION 17 t_ 5 ANNEXAr UN �EXHIEIT F/"9 DESCRIPTION: SEE ATTACHED: SCALE 1 " = 600' 637.15 ��V O �Z 0 459.15 O 04 Co/den u' H coo off_. C 25TH ST M 175.0' vi 1311.( 28TH ST Q 4 F TH ST SE FUR : SENECA FOODS McGhie ROCHESTER, MINNESOTA 55904 0 0 0 LIST A ANN XATION 18 N 23RD ST 24TH v � W N = 25TH ST N =6TH ST t� 1311.59 zsOu SCALE, 1 " - 600, BettS,inc. DAMN M' 8 W C W,: 01/10/00 Lend Swrv."m A=.. No.: 2033/9599 ✓union G`I 2 LTH ! 7TH �-28 H Fa .tea z 0 CORNER SWI/4 D f�f avrry rv1 fXaNNV s+! S �! 1 V10MM" !il J abtHI S3WOHNMC b� �N 3 r- Z Z ■ ill 11 71 1 1 �■ 1 LIST A ♦0j 1 ANNEXATION #9 f r, st O W I-- C. m L d L Q Q K W U L Q N W LIST A ANNEXATION #10 I is a E a j T U m dto LN U O f r r L v L 0 x w U L Q cn LU L7 All I l LIST A ANNEXATION !II REQUEST FOR COUNCIL ACTION MEETING DATE: 3G /_,� 10/2/00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS Public Works <i —i8 ITEM DESCRIPTION: Hearings: Sanitary Sewer and Watermain to Serve the Crocus PREPARED BY: Hills Area, J9738 J. Loehr This is a Hearing to consider the following local improvement project: Project No. M088, J9738 "Sanitary Sewer and Watermain to Serve the Crocus Hills Area." The estimated construction cost and expense of this project are as follows: Sanitary Sewer and Watermain $ 196,145 Trunk Watermain 60,480 Service Connections 10,800 Sub -Total $ 267,425 Engineering/Interest/Contingencies 66,856 Total Estimated Project Cost $ 334,281 The feasibility of providing public sanitary sewer and watermain to the Crocus Hills Area is dependent on the property owners dedicating easements to the City, without cost, regardless of whether the property owner chooses to participate in the Water Quality Protection Program. The Crocus Hills Area sewer and water extension project is included in the proposed 2001 Capital Budget. Therefore, the project will be designed in 2000 with construction in 2001. The project funding is proposed from sewer and water connection charges (Utility Connection Agreements), Sales Tax revenue (per Lot Cap), and Water Availability Charges. The Crocus Hills Area is currently within the City of Rochester. Therefore, an Orderly Annexation Agreement is not required for this Area. COUNCIL ACTION REQUESTED: If the Council wishes to proceed a resolution could be adopted ordering the project to be made. Since the project was petitioned by 50% of the owners of property affected by the project a simple majority vote of the City Council is required for adoption. Attach: Map Feasibility Report. The Department of Public Works conducted a design meeting with the Crocus Hills property owners on September 29, 2000. There are a number of issues that Public Works would prefer to resolve prior to the Public Hearing. Therefore, the Department of Public Works respectfully requests that this Public Hearing be continued to October 16, 2000.. C,„ L<., Notices have been sent to the Crocus Hills property owners advising them that the Public Hearing is continued to October 16, 2000. COUNCIL ACTION: Motion Second to: REQUEST FOR COUNCIL ACTION MEETING 3(S DATE: 10/2/00 ar_PNDA SECTION: ORIGINATING DEPT: ITEM NO. Public Hearings. Public Works 61 443 ITEM DESCRIPTION: Project Hearing for South Park Drainage Ditch Improvements PREPARED BY: J2454. M. Nigbur Over the past several years the topic of drainage in the South Park area has been discussed amongst the City Staff, Council Members and the neighborhood. Pursuant to these discussions a solution has been formulated which addresses some of the neighborhood concerns for this drainage issue. To move this project forward the City has advertised for bids to construct this project, this project hearing is being held, the assessment hearing is being held, and we have asked the neighborhood residents to execute a contribution agreement. These agreements grant the City the rights to use the owners land for the project, accepts the assessments and accepts the project as the City's final financial participation (except for routine maintenance). To date we have received only 15 of the 26 agreements from the neighbors. We have also heard from 2 residents that they do not agree with this project. Based on this information Staff suggests that the Council proceeds with this Project Hearing. Jar COUNCIL ACTION REQUESTED:` Adoption of a resolution either approving or disapproving the Project for construction. COUNCIL ACTION: Motion by: Second by. to. a1� r +HISE ! pmse n :6' h If IOW ISOW % z CONCR:T QOW — , j I Imo_;.'___ 6'. a'. ro a xsc M[vr t 6' � ] ressce 7 ,/1'raa Cmrn Lr',�: &sC (a .:-aextNrnc r in• inv. CCKR s• ccN:.enc For construction and convenience the project will be divided into two phases. The phasing is intended to provide for staging construction and to achieve the designated completion dates. Description of Work Phase I (Station 3+38 to 19+11) work shall include: 1. Installation of a 36" HDPE storm sewer pipe. The new 36" pipe will connect the existing storm sews outlets draining from 201h Ave SE. The 36" pipe will drain to the inlet aprons of the 51" span storm sewer pipe at 24'h street SE. 2. Embankment Materials will be placed approximatelyl ft over the 36" pipe and sloped 3:1 to the existing ditch bottom 3. 1" sod will be place on all disturbed areas. Phase II (Station 19+11 to 23+70) work shall include: 1. Installation of a concrete ditch section the entire length. 2. 51" span storm sewer pipes will be installed at the bit path crossing 3. Reconstruction of the bit path crossing over the 51" span pipe. 4. 1" sod will be place on all disturbed areas. REQUEST FOR COUNCIL ACTION MEETING 3/7/ DATE: 10/2/00 ArQNDA SECTION: ORIGINATING DEPT: ITEM NO. Public Hearings. I Public Works ITEM DESCRIPTION: Special Assessment Hearing for South Park Drainage Ditch PREPARED BY: Improvements J2454. M. Nigbur This is an Assessment Hearing is to consider the levying of proposed assessments for the South Park Drainage Improvement Project. The estimated project construction costs and expenses are $107,000. We proposed to collect $26,000.00 through the assessment process. These assessments will be allocated on an individual lot basis with a maximum per lot charge of $1000.00. The remaining balance of the project cost not covered by the assessments are the City's obligation. The Assessment Spread = 5 year period. Staff would also request authorization to allow the execution of contribution agreements, by the Mayor and City Clerk, to potentially reduce the assessment amount if the project is completed under the estimated cost. COUNCIL ACTION REQUESTED: Adoption of a resolution levying of the Assessments, and allow the Mayor and City Clerk to execute Contribution Agreements. Note: the project is proposed to be completed in 2001. No payment of the assessments are required until the project is substantially completed. Assessment Notices (invoices) will be sent to the Owners of the property abutting the project upon the substantial completion of the project. COUNCIL ACTION: Motion by: Second by: to: it E-Z4 9/5/00 Michael J. Nigbur Rochester Public Works 201 4' St. SE Rochester, MN 55904 Dear Mr. Nigbur, We're in receipt of your letter of August 21, 2000 regarding the SOUTH PARK STORMWATER CONVEYANCE PROJECT. The solution that has been presented to us does not meet with our approval. We feel the solution will not adequately improve the drainage ditch, or its capacity to handle the current drainage problems we now face. We also feel that by signing the agreement, we leave ourselves solely responsible for the financial impact that the drainage ditch may have on us in the future. Sohn and X#y Hoffman 2415 201h Ave. SE Rochester, MN 55904 'NNlhl 'S31S=HOOM 20 :6 0 Z-100 00 301jj0 s',2 ] ij 1, L10 03A1333d REQUEST FOR COUNCIL ACTION j / MEETING f I_j DATE: 10/2/00 tl--r-MDA SECTION: ORIGINATING DEPT: ITEM NABY: )LUTIONS AND ORDINANCES CITY ATTORNEY'S OFFICE G ITEM DESCRIPTION: PREPARESOLUTIONS AND ORDINANCES TERRY G. 1. RESOLUTIONS G. 2. FIRST READING OF ORDINANCES, as appropriate. G. 3. SECOND READING OF ORDINANCES (for adoption). u' a) An Ordinance Rezoning Certain Property From the R-1 District to the R-2 District, and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of 1` the City of Rochester, Minnesota. Said Property Located East of Bandel Road NW North of Bandel Hills 3r° and 7" Subdivisions. l fib) An Ordinance Rezoning Certain Property from the R-1 District to the R-3 District, and from the R-1 District to the B-5 District and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota. Said Property Located on the North Side of 2nd Street SW/Country Club Road West of the Shorewood Development and 23rd Avenue East of Mayo Parking Lot (Del American). G. 4. MISCELLANEOUS r 1 � COUNCIL ACTION: Motion by: Second by: to: CITY OF ROCHESTER COUNCIL AGENDA COUNCILIBOARD CHAMBERS GOVERNMENT CENTER 151 4T" STREET SE MEETING NO.23 OCTOBER 16, 2000 REGULAR ADJOURNED 7:00 P.M. PAGE (1-2) A) OPEN COMMENT PERIOD B) CALL TO ORDER C) LETTERS AND PETITIONS (3-4) D) CONSENT AGENDAIORGANIZATIONAL BUSINESS 1) Approval of Minutes (5-6) 2) Resolution Requesting Additional Time for Comments STB DEIS and Corps Permit Process (7-8) 3) Purchase Flight Information Display System for Passenger Waiting Area at Rochester International Airport (9-10) 4) Change Order #5 with Alvin E. Benike, Inc. for Terminal Building Improvements (11-12) 5) Request Public Hearing to Consider Issuance of Abatement Order for Property at 509 - 9t' Avenue NW (13-14) 6) Request to Set Public Hearing for Charter Amendments by Ord inance/Redistricting (15-16) 7) Licenses, Bonds & Miscellaneous Activities (17-18) 8) Location Transfer for Route 52 Liqueurs, Wines and Ales/Off-Sale Intoxicating Liquor (19-20) 9) Off -Sale 3.2 Beer/Sam's Club (21-22) 10) Address Change for AFL-CIO Labor Club Bar/On-Sale Intoxicating Liquor - Club (23-26) ` 11) Currency Exchange License for Pawn America Minnesota LLC (27-28) 12) Set Hearing for Assessing Weed Removal, Tree Removal, Debris Removal, Snow Removal, Sidewalk Repair, Secure Property, Impound Towing, Sewer/Water (29-30) 13) Approval of Accounts Payable (31-32) 14) Library Assistant I/Information Services/Interlibrary Loans (33-36) -15) Appointments to Planning and Zoning Commission (37-38) 16) Appointment to Public Utility Board (39-40) 17) Construction Access Road for Quarry Ridge Project