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HomeMy WebLinkAbout01/03/2001_Annual0 • CITY OF ROCHESTER COUNCIL AGENDA O COUNCIL/BOARD CHAMBERS GOVERNMENT CENTER 151 4T" STREET SE MEETING NO. 1 ANNUAL MEETING WEDNESDAY, JANUARY 3, 2001 7:00 P.M. PAGE (1-2) A) OPEN COMMENT PERIOD B) CALL TO ORDER C) LETTERS AND PETITIONS (3-4) (5-6) (7-8) (9-10) (11-12) (13-14) (15-16) (17-24) (25-26) (27-28) D) 1) 2) 3) 4) 5) D) 6) 7) 8) 9) 10) 11) 12) 13) 14) (29-30) 15) (31-32) 16) (33-34) 17) (35-36) 18) (37-38) 19) �D> a a) ORGANIZATIONAL BUSINESS Address by President Hunziker Request a Motion Adopting the Following Prepared Resolutions Appointment to Committees by President Hunziker Address by Mayor Canfield Designation of Official Paper CONSENT AGENDA Approval of Minutes Establishment of Mayor, Council Salaries for 2001 Mayor Mileage Reimbursement Highway 14 Partnership Membership Extension of Jerry Dooley's Contract River's Edge HRA Housing Project Consideration of Public Utility Board Action Licenses, Bonds & Miscellaneous Activities Wine & 3.2% Beer License for The Sandtrap Indoor Golf Facility and Restaurant Approval of Accounts Payable Donations for Restoration of Sayers and Scovil Fire Engine Appointment to Planning and Zoning Commission Authorize Execution of Utility Connection Agreements Required for Water Quality Protection Program Special Parking Zone for Johnson Printing Company 1`1� 'O° Council Agenda Wednesday, January 3, 2001 Page 2 E) HEARINGS (39-60) 1) Preliminary Plat by Arnold Bomgaars to be Known as Spruce Meadows Second Subdivision (61-62) 2) Reduced Fare Program/Rochester City Lines (63-68) 3) Increase in ZIPS Fares F) REPORTS AND RECOMMENDATIONS (69-90) 1) City Administrator — Findings of Fact & Conclusions of Law Related to Appeal #00-04 of Variance Request #00-32 (91-92) G) RESOLUTIONS AND ORDINANCES H) TABLED ITEMS 1) OTHER BUSINESS J) ADJOURNMENT REQUEST FOR COUNCIL ACTION MEETING ( ' DATE: 1/ A SECTION: OPEN COMMENT PERIOD ITEM DESCRIPTION: OPEN COMMENT PERIOD ORIGINATING DEPT: IT CITY ADMINISTRATOR A S. KVENVOLD This agenda section is primarily for the purpose of allowing citizens to address the City Council on a topic of their choice. The following guidelines apply: • This section of the agenda may not be used as a forum to continue discussion on an agenda item which has already been held as a public hearing. • This agenda section is limited to 15 minutes and each speaker is limited to 4 minutes. • Any speakers not having the opportunity to be heard will be first to present at the next Council meeting. • Citizens may only use this forum to address the Council on a maximum of one time per month. • Matters currently under negotiation, litigation or related to personnel will not be discussed in this forum. • Questions posed by a speaker will generally be responded to in writing. uL)UNCILACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING 3 DATE: 1/', AGENDA SECTION: ORGANIZATIONAL BUSINESS ORIGINATING DEPT: ITEM I CITY ADMINISTRATOR D-1-5 ITEM DESCRIPTION: ORGANIZATIONAL BUSINESS FOR 2001 ANNUAL MEETING K. EVANS Following are the Council Organizational Business items which are normally handled at the Annual Council Meeting: D-1 Address by President Hunziker D-2 Request a motion adopting the following prepared resolutions: a) Resolution adopting the Roberts Rules of Order for the conduct of business by the Council; b) Resolution adopting the Rules and Regulations for Order of Business of the Council; c) Resolution establishing committees of the Common Council, prescribing their functions and duties, and providing appointment to members of subcommittees; d) Resolution adopting the order of succession to discharge the duties of the Councilmember-At- Large in the event of absence or disability. D-3 Appointment to Committees by President Hunziker D-4 Address by Mayor Canfield D-5 Designation of Official Paper Request a motion designating the Rochester Post -Bulletin as the official newspaper to publish the official printing and advertising of the City of Rochester for the official year commencing January 3, 2001, at the rate established by the statutes of the State of Minnesota for legal publications. COUNCIL ACTION: Motion by second REQUEST FOR COUNCIL ACTION MEETING DATE: 1/3/01 AGENDA CONSENT AGENDA APPROVAL OF CONSENT AGENDA ITEMS ORIGINATING DEPT: ITEM N CITY ADMINISTRATOR D-6-19 ra����iiu�00 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-6. Approval of Minutes D-7. Establishment of Mayor, Council Salaries for 2001 D-8. Mayor Mileage Reimbursement D-9. Highway 14 Partnership Membership D-10. Extension of Jerry Dooley's Contract D-11. River's Edge HRA Housing Project D-12. Consideration of Public Utility Board Action D-13. Licenses, Bonds & Miscellaneous Activities D-14. Wine & 3.2% Beer License for The Sandtrap Indoor Golf Facility and Restaurant D-15. Approval of Accounts Payable D-16. Donations for Restoration of Sayers and Scovil Fire Engine D-17. Appointment to Planning and Zoning Commission D-18. Authorize Execution of Utility Connection Agreements Required for Water Quality Protection Program D-19. Special Parking Zone for Johnson Printing Company COUNCIL ACTION REQUESTED: Motion to approve consent agenda items. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING 07 DATE: 1/3/01 AGENDA SECTION: CONSENT CITY ADMINISTRATOR I L)- q ITEM DESCRIPTION: ESTABLISHMENT OF MAYOR, COUNCIL SALARIES FOR 2001 S.KVENVOLD The adopted 2001 budget anticipated an increase of the elected officials' compensation by 3%. The annual compensation for the Mayor, Council President and Councilmembers will be as follows for 2001: Mayor $28,003 Council President $20,632 Councilmembers $16,147 COUNCIL ACTION REQUESTED: Request a motion establishing the 2001 annual compensation for the Mayor, Council President and Councilmembers as proposed above. COUNCIL ACTION: Motion by: second by: to: CONSENT REQUEST FOR COUNCIL ACTION ORIGINATING DEPT: CITY ADMINISTRATOR ITEM DESCRIPTION: MAYOR MILEAGE REIMBURSEMENT MEETING / DATE: 1/3/01 1 ITEM NO. 0-8 PREPARED BY: S.KVENVOLD In 1998, the members of the City Council agreed to establish a monthly mileage allowance rather than receiving reimbursements for actual miles driven. Mayor Canfield had indicated his desire to turn in his actual monthly mileage for reimbursement rather than receiving a pre -established amount. Mayor Canfield is now requesting the establishment of a monthly mileage allowance, retroactive for the year 2000. The Mayor averaged $150 per month for mileage reimbursement for the year 1999. He is requesting a mileage allowance of $145 per month for the year 2000 and $150 per month for the year 2001. COUNCIL ACTION REQUESTED: Request a motion establishing a mileage allowance for the Mayor of $145/month for 2000 and $150/month for 2001. COUNCIL ACTION: Motion by: second REQUEST FOR COUNCIL ACTION MEETING I I DATE: 1/3/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY ADMINISTRATOR D I ITEM DESCRIPTION: HIGHWAY 14 PARTNERSHIP MEMBERSHIP PREPARED BY: VOLD S. KVEN The City of Rochester has been a member of the Highway 14 Partnership in the years 1998, 1999 and 2000 at an annual cost of $5,000. The City has been requested to again be a member in the year 2001 and the membership fee remains at $5,000. The City's position has been that it supports the improvement to Highway 14 as long as it does not interfere with the priority or schedule for the improvement of TH52. COUNCIL ACTION REQUESTED: Request a motion transferring $5,000 from the 2000 Contingency Account for the 2001 Highway 14 Partnership membership. COUNCIL ACTION: Motion by: Second by: to: HIGHWAY 14 PARTNERSHIP MEMORANDUM TO: Gary Neumann, Asst. City Administrator FROM: Dan Scott, Highway 14 Partnership Treasurer DATE: October 16, 2000 RE: 2001 Assessment for Highway 14 Partnership The Highway 14 Partnership's program is funded through a general membership assessment of member cities. At its steering committee meeting October 12, 2000 in Owatonna, the Highway 14 Partnership approved the 2001 assessment policy, which is unchanged from last year. The 2001 membership assessment for Rochester is $5,000. Payments may be made out of your 2000 or 2001 budgets, but payments should be made by January 15, 2001. Please direct payment to: Dan Scott City of Mankato P. O. Box 3368 Mankato, MN 56002 Thank you for your continued support of the Highway 14 Partnership. If you have any questions about your Highway 14 assessment, please contact Kathleen Sheran at (507) 345-1290 or Corey Elmer at (651) 225-8840. cc: Marcia Marcoux, City Council REQUEST FOR COUNCIL ACTION MEETING r3 DATE: 1 /3/01 DA SECTION, CONSENT CITY ADMINISTRATOR D,rO ITEM DESCRIPTION: EXTENSION OF JERRY DOOLEY'S CONTRACT PREPARED BY: S. KVENVOLD Mayor Canfield has requested that Gerald Dooley's contract with the City of Rochester as the Neighborhood Coordinator be extended through the end of January, 2001 in order that Mr. Dooley can continue to provide assistance until the new Neighborhood Resource Center office is fully operational. A Neighborhood Resource Center Director has been hired and an office is being established in the United Way Building. Mr. Dooley's contract with the City expires 12/31/00. Mr. Dooley has been paid a sum of $1,416.55 per month. COUNCIL ACTION REQUESTED: Request a motion extending Mr. Dooley's contract through 1/31/01 and appropriating $1,416.55 from the 2001 Contingency Account to fund the services. REQUEST FOR COUNCIL ACTION MEETING / ✓ CONSENT ITEM DESCRIPTION: River's Edge HRA Housing Project ORIGINATING DEPT: Administration DATE: 1/3/01 ITEM NO. Z)-1( PREPARED BY: Doug Knott�' on July 17, 2000, the Rochester City Council agreed to sell the former Silver Lake Motel site to the HRA for the development of the River's Edge apartment complex. The Purchase Agreement contained a clause stating that the property would revert back to the City if the HRA did not start construction by April 1, 2001. The HRA needs a commitment from the Greater Minnesota Housing Fund in order to proceed with the project. The GMHA is expected to act on the HRA's application at the end of April. Gary Lueders of the HRA has requested an amendment to paragraph 7 of the Purchase Agreement changing the construction start date to August 1, 2001. CoUnW ACtiOn Requested Approval of an amendment to paragraph 7 of the River's Edge Purchase Agreement changing the construction start date from April 1, 2001 to August 1, 2001 with authorization for the Mayor and Clerk to sign the necessary documents. COUNCIL ACTION: Motion bv: second ((,9 To: Doug Knott, City Administration From: Gary Lueders, Housing Administrator Date: December 21, 2000 RE: Purchase Agreement — River's Edge Please change the date the Olmsted County Housing & Redevelopment Authority (OCHRA) needs to begin construction on this project from April 1, 2001 to August 1, 2001. The Rochester City Council approved at the July 17, 2000 meeting a purchase agreement pertaining to the transfer of title for the site from the City to the OCHRA. One of the conditions is as follows: "The HRA is obligated to start construction of River's Edge by April 1, 2001 at the latest and complete the work within one year of that date. If they don't proceed with the project, the property will revert to the City." The OCHRA is unable to meet this deadline due to unexpected delays in obtaining the needed funding from First Homes, Greater Minnesota Housing Fund (GMHF) and Minnesota Housing Finance Agency (MHFA). At least one funding agency, the GMHF, is concerned about this condition and has requested that it be changed. We remain optimistic that we will obtain the needed funding, based on comments made by staff of the funding agencies that have reviewed all aspects of the project. Following is a tentative schedule: Jan 1 - Feb 1 Applications submitted to First Homes, GMHF and MHFA. Feb 1 - May 1 Funding decisions by First Homes, GMHF, MHFA. Plans approved. Bidding documents prepared. May 1 — May 30 Obtain bids. Jun 1 —Jul 15 Sell Bonds Aug 1 —Apr30 Construction May 1 Ready for Occupancy ,? . Meeting REQUEST FOR COUNCIL ACTION Date 01/03/0 AGENDA SECTION ORIGINATING DEPT: ITEM NO. CONSENT ochester Public Utilities D —1CP -- ITEM DESCRIPTION: PREPARED BY: Consideration of Public Utility Board Action Kathy Wilson The Rochester Public Utility Board has approved the following on December 26, 2000 and requests the Common Council's favorable consideration: to approve a resolution to approve an insurance agreement with Hartford Steam Boiler Company for furnishing All Risk Property Insurance for a twelve month period commencing December 31, 2000 and expiring December 31, 2001. The amount of the twelve month premium effective December 31, 2000 to be 1 $200,208.00. to approve a resolution to approve an insurance agreement with the League of Minnesota Cities Insurance Trust for Commercial Automobile and General Liability Insurance for a twelve month period commencing December 31, 2000 and expiring December 31, 2001. The amount of the twelve month premium effective December 31, 2000 to be $100,924.00. r to approve a resolution to approve an insurance agreement with Associated Electric and Gas Insurance Services, Ltd. (AEGIS) for famishing Excess General Liability I Insurance for a twelve month period commencing December 31, 2000 and expiring _ December 31, 2001. The amount of the twelve month premium effective December ` 31, 2000 to be $42,177.00. 1 to approve a resolution to approve a purchase order agreement with L&L Substation for substation materials. The amount of the purchase order agreement to be $165,216.00 and L&L Substation being lowest responsible bidder. to approve a resolution to approve a 5% increase in water revenue rates effective January 4, 2001. t to approve a resolution to approve a Power Marketing Services Agreement with the Omaha Public Power District subject to final review by the General Manager and City Attorney, and that the Common Council authorize the Mayor and the City Clerk to execute the agreement. GENERAL MANAGER: 641 � �"'- /A/q'7/� (� COUNCIL ACTION: Motion by: Second by: to: r. Nr p"Odge, wt dalWer RESOLUTION BE IT RESOLVED by the Public Utility Board of the City of Rochester, Minnesota, that the Common Council of the said City is requested to approve an insurance agreement with Hartford Steam Boiler Company for furnishing the following insurance coverage: ALL RISK PROPERTY INSURANCE The insurance agreement to be for a twelve month policy period commencing December 31, 2000 and expiring December 31, 2001. The amount of the twelve month premium effective December 31, 2000 to be TWO HUNDRED THOUSAND TWO HUNDRED AND EIGHT AND N0/100 DOLLARS ($200,208.00). Passed by the Public Utility Board of the City of Rochester, Minnesota, this 26 h day of December, 2000. Pre4Oent Secretary rru�,_ We pU JO, we deliver RESOLUTION BE IT RESOLVED by the Public Utility Board of the City of Rochester, Minnesota, that the Common Council of the said City is requested to approve a purchase order agreement with L&L Substation for Substation Materials The amount of the purchase order agreement to be ONE HUNDRED SIXTY-FIVE THOUSAND TWO HUNDRED SIXTEEN AND 00/100 DOLLARS ($165,216.00) and L&L Substation being lowest responsible bidder. Passed by the Public Utility Board of the City of Rochester, Minnesota, this 26th day of December, 2000. President Secretary 1"D �-1 ✓� we /rQGye. we Celiver RESOLUTION BE IT RESOLVED by the Public Utility Board of the City of Rochester, Minnesota, that the Common Council of the said City is requested to approve a S% increase in water revenue rates effective January 4, 2001. Passed by the Public Utility Board of the City of Rochester, Minnesota, this 26`s day of December, 2000. resident iti t� z e LA) U J-M Secretary Agenda Item # 9 SUBJECT: PREPARED BY: ITEM DESCRIPTION: FOR BOARD ACTION Meeting Date: APPROVAL OF WATER RATE INCREASE Larry Koshire, General Manager 12/26/00 The Board considered the water operating budget as presented in draft form in November, which included the recommendation for a 4% increase in water rates effective January 4, 2001. The Board recommended that RPU provide a public notice that the Board would consider a water rate increase of up to 5% at its December 26, 2000 meeting. This notice has been provided, and we have received little feedback or concern. The attached spreadsheet document provides various rate increase scenarios for your review. Because of the low revenue produced by the water utility in relation to the capital expenditures, we are targeting cash reserves to support these capital expenditures as well as unknown future changes. Because of the unknown expenditures in the water quality program, we have internally considered setting aside a cash reserve to account for those capital needs as well as unexpected growth requirements in the community. A 5% increase would allow us to build towards those reserves, even in a wet year scenario. The draft budget recommended a 4% increase to maintain positive net income and a cash balance to support capital expenditures. The average residential water customer's bill is approximately $8.72. At a 4% increase, the average bill would be $9.07. At a 5% increase, the average bill would be $9.16. The 4% increase recommended in the preliminary budget for 2001 would not return cash reserves to the recommended level until 2003. Projections on the attached sheet indicate a 5% increase would return reserves to the recommended level sometime in 2002. By using the larger increase, reserves are returned to normal more quickly, and a planned construction reserve could then be started to help offset expenses of future infrastructure.investments. A marked up version of the Water Service (WTR) Rate Tariff showing a 5% adjustment is also attached for the Board's review and approval. UTILITY BOARD ACTION REQUESTED: 1. It is recommended that the Board request the Common Council to approve a 5% revenue increase in water rates effective January 4, 2001. 2. The Board is requested to approve a resolution to approve the Water Service (WTR) Rate Tariff effective January 4, 2001. I 'b l 00 eral Manager Date O w 10 m m A N (Jt N m m O W A O W+ m a m W 0 W + A N m W N m V N W N W a m 9y n y N ] n � p � • a G N y CO c 3 m O � u . m n on M O m V N m m + m N N A O OA1 4 N O f fn A �I O V p Y N V N N O m 7 m m m N N ~ O ( 7 wtpmN V N D 2 o n +A you N C + L1Nmuo N Z O 3 � Ot N OI N N N D x N o m W m c r J f0 fp m O m N { D A N O n A tmp O N O V O J j W O { O N N m N N O { m V O m N O N D A Z a m m N m A fp O V m`a,m o O m u + N N m W (O N m m N W N m Q N A V C R N O a W m o Como. o N 0 W N ra- { m a Tl 2 O m 1p UI N Lf m N w a m m a c O m V m A O N w m + N N m W ep N O C 9 y 'n 7 y N n fQ v n n%= m m n m y^ O u Z y ^ V S 9 v p. maw 3 m3 m= n m a � M O V V J O O j ❑ C m m N m m N o OI V O m 0 m N N N m a A Z O m V A (p (p N O J N N T lY IV N N m m O N Y O J N m _ O j m O O m V rn m m o m N D .a 2 w + O 0 rn rn rn a m m � + + N m m N w+ m A + N A V O v N Z O ^ 3 N � m umiom�u o O N m m N m N { a A O m m N W N N m m a m N N 0 O m Nm�+N w + +NmNm N m N m~ f0.1 .mP. (NJI p a e � n:y� e N w Si y $ O C V A V N V O V A N t0 O m v o m m a c m O W 10 m m A N D A 2 O O + N lT W m N O O m m A m m V u J d N m N+ N m m N (ml m m p Ilm IIaIm a m A Ia O N MN Y N N N m O m m O 71 1 { D Z 0 O �3 CPU, we p<eCye, we Gctve� RESOLUTION BE IT RESOLVED by the Public Utility Board of the City of Rochester, Minnesota, that the Common Council of the said City is requested to approve a Power Marketing Services Agreement with the Omaha Public Power District subject to final review by the General Manager and City Attorney, and that the Common Council authorize the Mayor and the City Clerk to execute the agreement for Power Marketing Services Agreement Omaha Public Power District Passed by the Public Utility Board of the City of Rochester, Minnesota, this 26 h day of December, 2000. lq3resident Secretary REQUEST FOR COUNCIL ACTION MEETING as DATE: 1 /3/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY CLERK D- ( 3 ITEM DESCRIPTION: LICENSES, BONDS & MISCELLANEOUS ACTIVITIES PREPARED BY: DONNA I SC" 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 SE MN Center for Independent Living 1306 7d' St NW Rochester Mn 55901 Raffle 2/1/01 Washington Elementary School PTA 1200 11 b Ave NW Rochester Mn 55901 Raffle 2/24/01 AT Kellogg Middle School 503 17d' St NE Rochester Mn 55906 Ben Franklin PTSA 1801 9 h Ave SE Rochester Mn 55904 Raffle 2/24/01 AND 515101 COUNCIL ACTION REQUESTED A motion to approve or disapprove the above licenses. t.JUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING R 7 DATE: 1 /3/01 CONSENT AGENDA CITY CLERK DEPT: ITEM DESCRIPTION: WINE & 3.2% BEER LICENSE FOR THE SANDTRAP INDOOR GOLF FACILITY AND RESTAURANT ITEM NO. D-14 DONNAJSCHOTT Application for a 3.2% On Sale Beer and Wine License has been received from Donald William McBumey. The name of the business is The Sandtrap which is an indoor golf facility and restaurant located at 1618 Highway 52 North. Rochester, Mn. 55901. The business will be operated with food and liquor like the outdoor golf courses in Rochester. Issuance of the license is pending all departmental approvals, insurance certificates and all required fees Completion of a confidential investigative report on the applicant has come back satisfactorily. COUNCIL ACTION REQUESTED A motion to approve the On Sale 3.2 Beer and Wine License for The Sandtrap. COUNCIL ACTION: Motion by: second REQUEST FOR COUNCIL ACTION MEETING 0 DATE: 1 /3/01 Consent Agenda I Finance Department Approval of Accounts Payable Respectfully request a motion to approve payment of Accounts Payable (submitted separately) in the amount of $1,954,303.94. Less: Any exceptions COUNCIL ACTION: Motion by: second by: to: L) Dale Martinson REQUEST FOR COUNCIL ACTION MEETING 3I / DATE: 1/3/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT Fire i) —(& ITEM DESCRIPTION: PREPARED BY: DONATIONS CHIEF KAPLER The following donations have been made for the Restoration of the Sayers and Scovil fire engine: Elmer LaBrash = $540.00 Nancy Duxbury- $200.00 John/Karen Theim = $20.00 COUNCIL ACTION REQUESTED Request a motion to accept the monetary donations for the restoration of the Sayers and Scovil fire engine. WUNCIL ACTION: Motion by: second REQUEST FOR COUNCIL ACTION AGENDA SECTION: ORIGINATING DEPT: Organizational Business mayor's office EM DESCRIPTION: Appointment to Planning and Zonina Commission MEETING 53 r DATE: 1/3/01 ITEM NO. D-1� PREPARED BY: I hereby submit for your approval the following appointment to the Planning and Zoning Commission: Lisa Wiesner 2924 16th Avenue NW Ms Wiesner will fill the expired term of James Suk. Her first three year term will run to December 31, 2003. IL ACTION: Motion by. Second by. to: RN Mayor Chuck Canfield had 201 4th Street SE - Room 281 Au-ANr.RICA Cm Rochester, N1N 55904-3782 1 VOLUNTEER APPLICATION NAME: b-' �. WiL1YLf-------------- ADDRESS: 21Z4 41" rV NFU -- PHONE: BUS.LQC'_}I� HOME V'4q-i2& DO YOU RESIDE WITHIN ROCHESTER CITY LIMITS^: YES X NO___ PLACE OF EMPLOYMENT:_.VpC,j� I P.M SEEKING VOLUNTARY SERVICE ON-Ybi1ftif% 4 *ZaW COY►1n*Am tl BECAUSE: rtlltfv(i '4DituI4 rN a1iA ft1nIN A&A 1,n i{rn vv%" Atr'rf. 11Wil/4 PLEASE PROVIDE BACKGROUND INFORMATION r D'vC:+,TION, SPEGIAL INTERESTS, ACHIEVEMENTS, PREVIOUS EMPLOYMENT, COMMUNITY INVOLVEMENT) Attach ad"4 tional information, if desired. _ fJ71 Ci 1��z kAtC Glti#trr�r�rr.. De lei _S�r� wux�f �duc�itlfw l �br (OWL. Ae .'boyale). i'.uri: rr��� ,('t�at�i�rtl�i_I nn' S �re��„ ��taa<LLt��ics� rno�ruvhax� TKMOIL F 1povtt V l2 > 1�1�ts, — -- - — DATE SUBMITTED: tG�3J — SIGNED: 4,5,1, Return to: Office of the Piayc;r 201 4thi Street SE Rochester, MN 5.5904-37?2 DATE OF APPOINTMENT: TERN EXPIRATION: OTHER DATA: J REQUEST FOR COUNCIL ACTION MEETING 3S DATE: 1 /3/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENTAGENDA Public Works D-(g t cnll DESCRIPTION: Authorize the Execution of Utility Connection Agreements PREPARED BY: Required for the Water Quality Protection Program, J8205 Aa-1 J. Loehr On December 21, 1998 the City Council adopted the Water Quality Protection Program (WQPP) to provide for safe, reliable and affordable public water supply and sewage disposal for existing homes located within the City of Rochester and to homes located in the townships surrounding the City that are not currently served by the public sewer and water systems. The Department of Public Works anticipates that up to 1500 properties will be served by the extension of public sanitary sewer and watermain within the next five years. Each of these 1500 property owners are required to enter into a Utility Connection Agreement prior to making connection to the public sewer and water systems, and for participation in the WQPP. Since the WQPP allows a property owner to enter into a Utility Connection Agreement anytime within three years of the date the City Council authorizes a project to be constructed, the Agreements for each property are presented to the City Council for approval as the Agreements are received and not necessarily grouped together and presented on a project by project basis. This procedure creates a delay of at least two to three weeks from the time a property owner signs an Agreement to the time the City Council authorizes the Agreement to be signed by the Mayor and City Clerk. The procedure also requires considerable paperwork for each Agreement that is presented to the City Council. The Department of Public Works feels that the delay and paperwork required for the execution of each Agreement can be eliminated if, the City Council authorizes the Mayor and City Clerk to execute any and all Utility Connection Agreements required for participation in the WQPP. The City Council authorization would be based on the following: 1. Each Utility Connection Agreement is consistent with the terms and conditions of the WQPP. 2. Final approval to execute each Utility Connection Agreement is made by the City Administrator or his authorized designee. COUNCIL ACTION REQUESTED: 1. Adopt a resolution authorizing the Mayor and City Clerk to execute any and all Utility Connection Agreements required for participation in the Water Quality Protection Program. . JUINCIL ACTION: Motion by: second by: to: AGENDA SECTION: CONSENT AGENDA A DESCRIPTION: REQUEST FOR COUNCIL ACTION Zone ORIGINATING DEPT: 111re MUTARR MEETING c7? DATE: 1-3-01 ITEM NO. -tq PREPARED BY: N,, D. Rossmar The City has received a request from Mr. Chuck Johnson of the Johnson Printing Company at 311 2"d Avenue NW (288-7788), to designate the parking in the alley west of their building for the specific use of the Johnson Printing Co. The location is shown on the attached map. This is a dead-end alley. The platted width is 18 feet. Johnson Printing is the only property that would use the alley for delivery. The property to the west is the Mayo power plant. The Mayo staff has no objection to this request. Staff would recommend a monthly fee of $20 / space for this parking. This is a situation is similar to alley parking in 3 other locations in the CBD when abutting property owners pay a fee for thew space. Mr. Johnson has agreed to this fee. Both the Police Department and the Fire Department have reviewed this request. Both departments have no objection to the request. COUNCIL ACTION REQUESTED: Adopt the prepared resolution amending paragraph (4.0) of section C "Special Parking Zones" (Zone A — General ) to read; (4.0) Alley behind 311 2nd Avenue NW, on the east side from 3`d Street to Civic center Drive (four spaces for the Johnson Printing Company.) at a monthly fee of $20 / space. _-)UNCIL ACTION: Motion by: second by: D � �� 9L D J Li �� 10 HR. PARKA Kehler C Inn and Suites 1 Ozmun Bldg. L�uI W s w J � Senio Citizens Q N Central Park Q ~ N Perw -Thaler House oking ° @ qa9 2 ST NW 10 HR..,. 1 J Sanlor enter I= D —__-- ❑ �w Rochester Methodistu �.. Days In 1. � > Heapltel V.... :. WCENTER ST: We Future , Kahler +� � Gonda r Perked i "j" CTlhei Building ,.+? M., Crmk Perh.r. Y. my.nc.unror ?y, No at bmPonrY.Ve.l.ntl s t r Can II ,• .u°..V dune.. e..atl u poet BUllsnn ..d th a.yo tla.m... :'-•`'wV�... , ! �.� V 1 7.. v,1 St SE +n G rpleca u., a Iehen lma ffwd G Ne W a iMrrba- Mayc Building Plummer ' Cmv Public I [us Pa Ion LibraryBa` kBurn Tr, S BW .,I q/�_.Downtown 201 Bldg _ y q Bldg. Bldg a Holiday ,seb� 3 1 O Hilton Hilton tiirM.r a r Bldg u*, 'a Hotela at m a < one Wa ® City He f t7 Government �$- Canter 4 ST us J,Y Bank acAt k �Rrtl.A Li r�r� Zo...Q o REQUEST FOR COUNCIL ACTION MEETING DATE: 1/3/01 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY COUNCIL ITEM NO. .D _, i) ITEM DESCRIPTION: FUNDING REQUEST FOR STOP THE COAL TRAIN ORGANIZATION PREPARED BY: M. MARCOUX The Stop the Coal Train organization is requesting $25,000 in funding from the City of Rochester for their continued efforts in public information relating to the proposed DM&E Railroad Expansion Project across southern Minnesota. This organization continues to provide valuable information to our citizens and keeps them interested and involved in the process. The source for this funding would be the 2001 Contingency Account. COUNCIL ACTION REQUESTED: Request a motion approving the request for $25,000 in funding for the Stop the Coal Train organization with funding from the 2001 Contingency Account. a1 a�- P COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION Meeting Date: 1 /3/2001 AGENDA SECTION: nsentAgenda/Organizational Business ORIGINATING DEPT: Finance ITEM NO. D-at ITEM DESCRIPTION: Banking Item PREPARED BY: Bruce Atkinson A. Designation of Depositories: This is a statutory requirement (MN Statute 118A.02) that must be accomplished at the beginning of each fiscal year. The proposed resolutions designate US (formerly First) Bank Rochester, Wells Fargo (formerly Norwest) Bank Rochester, Marquette Bank and Trust Company of Rochester and Rochester Bank and Trust Company as depositories of the public funds of the City of Rochester, Minnesota. While not depositories, the City maintains accounts with Merrill Lynch, Pierce, Fenner and Smith, Ltd., Inc., Dain Rauscher, Inc., Miller and Schroeder Financial, Inc., Wells Fargo Investment Services, Inc., US Bank Piper Jaffray and Hopwood, Morgan Stanley Dean Witter, Inc., and Miller, Johnson & Kuehn, Inc., for the purpose of investing in direct U.S. Government obligations or Federal Agency issues, commercial paper, banker's acceptances, and repurchase agreements or other investments authorized by the City's investment policy. B. Authorizing facsimile signatures and authority to initiate investments. Checks written against the City's General Account and Payroll Account at Wells Fargo Bank Rochester, and Rochester Public Utilities' account will bear facsimile signatures. The use of the signatures must be authorized through resolution by the Common Council. The transactions are covered by a forgery bond. Authority to initiate investments allowed under Minnesota Statutes 11 8A.01-1 18A.06, must also be adopted. C. Assignment of Securities: Sufficient securities have been pledged as collateral in lieu of a depository bond by Wells Fargo Bank Rochester and US Bank Rochester, to meet the requirements of Minnesota statutes. The prepared resolutions authorize the City Treasurer, or assign, to execute documents which pledge and release securities as collateral, and to accept collateral in lieu of a depository bond. REQUEST FOR COUNCIL ACTION MEETING DATE: 1 /03/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda Public Works 40— as ITEM DESCRIPTION: Annexation — 1901 Bamber Valley Road PREPARED BY: M. Nigbur The Owner of 1901 Bamber Valley Road executed a Utility Connection Agreement in June of 2000. This agreement includes specific provisions for the timing and cost of connection to the public infrastructure as well as annexation to the City. Pursuant to this agreement the property owner has already made connection to the City Watermain system. The annexation provision in the Agreement allows the City to initiate the annexation at any time and it will not be contested by the Owner. This property is entirely surrounded by City Limits and may be annexed by ordinance pursuant to Minnesota Statutes Section 414.033, subdivisions 2 (2). Staff would request the City Council initiate the annexation of the 1901 Bamber Valley Road property together with all public right-of-ways, easements, and roads within, abutting, and adjacent to the parcel. Salem Rcad 1901 Barber Valley R Bamber Vail Road „..�..� s G � ; 3 Ma (Mood Road '"Y°" LN WYp'F+CD RDM COUNCIL ACTION REQUESTED: Adoption of a resolution initiating the annexation of the 1901 Bamber Valley Road property together with all public right-of-ways, easements, and roads within, abutting, and adjacent to the parcel. COUNCIL ACTION: Motion by: _ _ second by: to: REQUEST FOR COUNCIL ACTION SG MEETING / DATE: 1-3-01 PT TRLIC HEARINGS PLANNING I DESCRIPTION: Preliminary Plat #0048 by Arnold Bomgaars to be known as Spruce Meadows Second Subdivision. The Plat proposes to subdivide approximately 4.35 acres of land into 6 lots low density residential development and 1 lot for development of uses permitted in the B-5 (Residential Commercial) zoning district. The plat also dedicates the right-of-way for the continuation of Spruce Meadows Avenue SE into a cul-de-sac. The property is located along the east side of 11'h Avenue SE (Co. Rd 1), north of the future alionment of 201" Street SE and west of Bear Creek. December 27. 2000 ITEM NO. 9-1 PREPARED BY: Theresa Fogarty, Planner NOTE: Staff recommends re -wording condition #6 to provide clarification. The word "address" should be replaced with "provide". City Planning and Zoning Commission Recommendation: The City Planning and Zoning Commission held a public hearing on December 13, 2000 to consider this preliminary plat. Mr. Wade Dumond, of Yaggy Colby Associates, addressed the Commission. He stated that the applicant is agreeable to the six (6) conditions listed in the staff report. 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: a. Changing the extension of the roadway to "Spruce Meadows Lane SE". 2. Dedication of parkland be met via cash in lieu of land, as indicated in the memo from the City Park and Recreation Department, dated November 27, 2000. 3. Outlot A shall be dedicated to the City and construction of the 10 foot bituminous pedestrian path on Outlot A shall be concurrent with the construction of this project. 4. Stormwater Management must be provided for this development. 5. The Developer shall enter into a Development Agreement with the City of Rochester that outlines the obligations of the applicant relating, but not limited to; storm water management; park dedication; traffic improvements; pedestrian facilities and contributions for public infrastructure. 6. The Developer shall address the looping of the 8" water main and installation of a gate and valve box as described in the memo from the Rochester Public Utilities -Water Division, dated November 21, 2000. Mr. Burke moved to recommend approval of the Preliminary Plat #00-48 by Arnold Bomgaars to be known as Spruce Meadows Second Subdivision with staff suggested conditions. Ms. Petersson seconded the motion. The motion carried 6-1, with Mr. Werven voting nay. Planning Department Recommendation: See attached staff report, dated December 6, 2000. - )NCIL ACTION: Motion Second Page 2 (/0 RCA T 11 Council Action Needed: The Council may approve, approve with conditions, or deny the land subdivision permit. The Council must make findings of fact based on the criteria included in the staff report. A motion to deny must include supporting reasons for a conclusion that at least one of the fifteen findings for denial in paragraph 61.225 can be made. Attachments: 1. Staff Report, dated December 6, 2000. 2. Minutes of the December 13, 2000 CPZC Meeting. Distribution: 1. City Administrator 2. City Clerk 3. City Attorney 4. Planning Department File 5. Planning Department, GIS Division 6. Applicant: This item will be considered sometime after 7:00 p.m Chambers at the Rochester! Olmsted County Government Center. 7. Yaggy Colby Associates l,. on Wednesdav, January 3, 2001 in the Council •• va itP �sa;� �I'1 [ Feb9�E P - ldld A21dNiWll321d • • ;� o�e�9�� V1OUNNIN'M31UHJOM PiPf1.: NOISIAIO9ns ONO:)3S SMOOd3W 3DnNdS s 2 e • L, 0 s bill ✓ / N ui • eu y 1m,or. a N •v m r N I ` %y 5 dd9 Qiism jkqd iN3WdOl3A30 1VN3N39 ' r V10S3NNIW'll31S3H00N r SMOGV3W 3DnNdS r 1 a,it e I --- c = N I O i W %J i Is • .Ok •4OCH F.STFR.'I iF V 2•. �O 'U CR'�TEti:,f U GUS'�" P ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 ADMINISTRATION/ 507/285-8232 PLANNING GIS/ADDRESSING/ 507/2B5-8232 TO: City Planning and Zoning Commission MAPPING HOUSING/HRA 507/265-8224 BUILDING CODE 5071285-8213 FROM: Theresa Fogarty, Planner,, WELUSEPTIC 507/2B5-8345 FAX 507/287-2275 DATE: December 6, 2000 RE: Preliminary Plat #00-48 by Arnold Bomgaars to be known as Spruce Meadows Second Subdivision. The Plat proposes to subdivide approximately 4.35 acres of land into 6 lots for low density residential development and 1 lot for development of uses permitted in the B-5 (Residential Commercial) zoning district. The plat also dedicates the right-of-way for the continuation of Spruce Meadows Avenue SE into a cul-de-sac. The property is located along the east side of 1 Vh Avenue SE (Co. Rd 1), north of the future alignment of 201h Street SE and west of Bear Creek. Planning Department Review: Applicant/Owner: Surveyors/Engineers: Referral Comments: Arnold Bomgaars 1530 Greenview Drive SW Rochester, MN 55902 Yaggy Colby Associates 717 31 Avenue SE Rochester, MN 55904 RPU Water Division Park and Rec. Department Rochester Public Works Department Rochester Fire Department Olmsted County SWCD Planning Department - Addressing staff Planning Department - Wetlands staff Planning Department - Transportation staff Report Attachments: 1. Land Development Manual Excerpts 2. Referral Comments (8 letters) 3. Copy of Preliminary Plat 4. Spruce Meadows General Development Plan AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER 144 Page 2 • • Preliminary Plat #00-48 Spruce Meadows Second December 7, 2000 Development Review: Location of Property: The property is located along the east side of 11'" Avenue SE (Co. Rd 1), north of the future alignment of 201" Street SE and west of Bear Creek. Zoning: The property is currently zoned R-1 (Mixed Single Family) district and B-5 (Residential Commercial) district on the City of Rochester Zoning Map. Proposed Development: This development consists of 4.35 acres of land to be subdivided into 6 lots for single family development and 1 lot for residential commercial uses. Roadways: This plat proposes to dedicate right-of-way for the continuation of one roadway labeled as "Spruce Meadows Avenue SE". This roadway is designed with a 50' right-of-way and a 52' cul-de-sac radius. Since the continuation of the roadway will not intersect into the future 20' Street SE, as indicated in the final plat of Spruce Meadows First Subdivision, but will be ending in a cul-de-sac, the roadway will need to be changed to "Spruce Meadows Lane SE". The applicant received a Design Modification to locate the access to Lot 7 approximately 285 feet from the intersection of the future 201" Street SE and 111" Avenue SE (Co. Rd 1). The location of the access from 20" Street SE to Lot 7 Is consistent with previous discussions with the Planning Department Transportation staff. If in the long term an unacceptable level of conflict occurs between access traffic from this plat and the proposed multi -family development on the south side of the future 201" Street SE and the through traffic on the future 20`" Street SE, a raised median may need to be considered to control the conflict. At this time the raised median is not anticipated, given projected future traffic levels, once 20`" Street SE is extended. Pedestrlan Facilities: In accordance with current City policy Pedestrian Facilities are required for this development. Outlot A shall be dedicated to the City and the developer shall construct the 10 foot bituminous pedestrian path on Outlot A, concurrent with construction of this project. Page 3 Preliminary Plat #00-48 Spruce Meadows Second December 7, 2000 Drainage: The topography of this plat is fairly level and indicates natural drainage to the east . The elevations range from about 1,014" along the western portion of the plat to about 1,012' along the eastern portion. The site does not appear to be in compliance with the City of Rochester's Erosion Control Ordinance. Gully erosion is currently taking place along the east side of the plat flowing towards Bear Creek. 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 this development. Wetlands: Minnesota Statutes now requires that all developments be reviewed for the presence of wetlands or hydric soils. The original grading plan was approved in 1993. At that time, the site was studied for wetlands and no wetlands were found except for an area at the outlet of the storm sewer which was exempt. Public Utilities: Sanitary sewer and water lines will need to be extended from their present ends to accommodate this development. The development of Lot 7 will require the looping of the 8" water main (with associated utility easements) from the proposed stub -out shown to connect into the existing stub -out within the future 20'" Street SE right- of-way. A gate valve and box is required south of the hydrant tee on the 8" stub -out. 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 8 spillover parking stalls. it appears as though the additional parking can be accommodated on the roadways and most likely within private driveways, as well. Spillover parking requirements for Lot 7 will be reviewed when development is proposed on the lot. Parkland Dedication: The City Park and Recreation Department recommends that dedication requirements be met via: Cash in lieu of land. General Development Plan: This property is included within the Spruce Meadows General Development Plan (GDP), approved October, 2000. Page 4 • • Preliminary Plat #00-48 Spruce Meadows Second December 7, 2000 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 i modifications: 1. The Plat shall be revised: a. Changing the extension of the roadway to 'Spruce Meadows Lane SE". 2. Dedication of parkland be met via cash in lieu of land, as indicated in the memo from the City Park and Recreation Department, dated November 27, 2000. 3. Outlot A shall be dedicated to the City and construction of the 10 foot bituminous pedestrian path on Outlot A shall be concurrent with the construction of this project. 4. Stormwater Management must provided for this development. 5. The Developer shall enter into a Development Agreement with the City of Rochester that outlines the obligations of the applicant relating, but not limited to; storm water management; park dedication; traffic improvements; pedestrian facilities; contributions for public infrastructure. 6. The Developer shall address the looping of the 8' water main and installation of a gate and valve box as described in the memo from the Rochester Public Utilities - Water Division, dated November 21, 2000. 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. Page 5 • • q / Preliminary Plat #00-48 Spruce Meadows Second December 7, 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 qq Page 6 • Preliminary Plat #00-48 Spruce Meadows Second December 7, 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 i TRANSPORTATION STAP DEVELOPMENT APPLICATIONS - 1998 2000 CITY SD 00-02 In regards to need for a traffic study, proposed use is estimated not to exceed the es 50 at which a TIR is required. No other comments CITY Prel Plat 00-48 Spruce Plat is consistent with discussions that have been held with applicant regarding access locations. It is anticipated that 20" St SE will be extended eastward in the Meadows 2 future consistent with the Long Range Thoroughfare Plan. In order to provide for minimization of conflict between the future traffic flow on 20t' St and traffic accessing Lot 7, the location of the access has been held as far east as possible. This should minimize conflict between traffic queues that will build at the intersection of 20'" St with 11 " Ave SE. It should be noted there will likely be an access for the multi -family development on the south side of 20" St also in this location. If in the long term an unacceptable level of conflict occurs between access traffic and the through traffic on the future 20'" St, a raised median would be a consideration to control this conflict, although at this time it is not anticipated that this would be needed given projected future traffic levels on 20'h St once extended. IN 50 0 ROCHESTER Minnesota 11/30/00 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 Preliminary #00-48 on the Spruce Meadows Second Subdivision. The following are Public Works comments on this proposal: 1. Grading & Drainage Plan approval is required for this subdivision. 2. Outlot A should be dedicated to the City. The developer should be required to construct the 10 foot bituminous pedestrian path on Outlot A, concurrent with basic construction for this project. 3. Execution of a Development Agreement is required to outline the Owner's obligations related to, but not limited to, Stormwater Management, Park Dedication, Traffic Improvements, Access Control, Pedestrian facilities, and Contributions for Public Infrastructure. 4. 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. Charges/fees applicable for the development of the property will be addressed in the Development Agreement, but will include: ❖ Sewer Availability Charge (SAC) @ $1653.67 per developable acre. Water Availability Charge (WAC) @ $1653.67 per developable acre. ❖ Stormwater Management Fee for participation in the City's Regional Stormwater Plan. Proportional Share of Infrastructure Charges Associated with 20'" St SE 11 C:\TEMP\PP#00.48.doc we pledge, we deliver November 21, 2000 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Preliminary Plat #00-48 by Arnold Bomgaars to be known as Spruce Meadows Second Subdivision. 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. The development of Lot 7 will require the looping of the 8" water main (with associated utility easements) from the proposed stub -out shown to connect into the existing stub -out within the future 20`h St SE right-of-way. 3. A gate valve & box is required south of the hydrant tee on the 8" stub -out. Please contact us at 507-280-1600 if you have questions. Very truly yours, 0644A R Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Bureau Arnold Bomgaars Wade Dumond, Yaggy Colby Associates Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 OROCHESTER PARK AND RAREATION DEPARTMENT 201 FOURTH STREET SE ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: November 27, 2000 TO: Jennifer Garness Planning RE: Preliminary Plat #00-48 Spruce Meadows 2ntl Acreageof plat.......................................................... 4.35 a Number of dwelling units ............................................. 6 units Density factor........................................................... .0244 Dedication............................................................... .15 acres Fair market value of land ............................................. $8,500/a The Park and Recreation Department recommends that dedication requirements be met via: Cash in lieu of land Applicant: Amie Bomgaars 1530 Greenview Drive SW OLMSTED SOIL ANRATER CONSERVATION DISTRICT 1485 Industrial Orive NW Room 102 Rochester, Minnesota 55901 (507) 280-2850 Fax (507) 280-2858 MINNESOTA SOIL AND WATER CONSERVATION DISTRICTS Date: November 28, 2000 To: Jennifer Garness From: Tony Hill RE: Preliminary Plat Review — Spruce Meadows 2nd Subdivision #00-48 Preliminary Plat Review In response to the Preliminary Plat application for Spruce Meadows 2nd Subdivision, we found erosion problems currently taking place within the plat and a lack of overall sediment control measures. The site does not appear to be in compliance with the City of Rochester's Erosion Control Ordinance. Gully erosion is currently taking place on the eastside of the plat flowing towards Bear Creek (Photo A). Furthermore, additional sediment control measures need to be installed at the site in order to prevent soil from washing into the creek. Rip -rap has been installed along the storm sewer outlet, however the entire upland area has not yet been stabilized (Photo B). 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 285-2850. cc: Arnold Bomgaars David Kramer, Rochester Public Works Denny Christopherson, Yaggy Colby Associates AN EQUAL OPPORTUNITY EMPLOYER v" , IN am E04 NT WETLAND COMMENTS FOR DEVELOPMENT APPLICATIONS Application Number: CAJ. No hydric soils exist on the site based on the Soil Survey Hydric soils exist on the site according to the Soil Survey. The property owner is responsible for identifying wetlands on the property and submitting the information as part of this application. A wetland delineation has been carried out for the property and is on file with the Planning Department A wetland delineation is on file with the Planning Department and a No - loss, Exemption, or Replacement Plan has been submitted to the Planning Department. A wetland related application has been approved by the City. This plan incorporates the approved wetland plan. No hydric soils exist on the property based on the Soil Survey. However, due to the location in the landscape the property owner should examine the site for wetlands. The property owner is responsible for identifying wetlands. From John Harford Wetlands LGU Representative • / Page 2 City Planning and Zoning Commission Minutes 67 Hearing Date: December 13, 2000 WN Ms. Baker explaine at the applicant changed the application to modify t equest. Therefore, staff has re Iished fora new public hearing to be held on WSmber 27, 2000. Also, revised notices hXthea n sent to referral agencies for commen Mr, Suk indicated that cant, Tom Hexum, asked to be he on the requests. The applicant, Tom Hexum, on behalf of the requests. Mr. Lloyd Johnson, of R. L. Hexum A the reason they resubmitted their plat from the M-1 designation to a resider lowland alone for borrow area for the ponds, wetland mitigation areas, and development would be essentially as that Lloyd Johnson, fjW R. L. Hexum Associates, speak es, addre d the Commission. He explained that to cha the western 35 acres of the development ;igna ' He indicated that they would leave the th in the area. They plan to restore it back to storation areas. He stated that the rest of the ally submitted. Mr. Johnson stated that there is only t of 45 es available of the 82 acres, after taking away highways that a/id range hig y plan, frontage roads, off ramp, and the upgrade of 48a' Street Mr. Suk asked if Mr. Jto attend the De ber 27, 2000 meeting. Mr. Johnson replied nindicated that Mr. He would be present at the meeting. Mr. Suk asked if one wished to be heard with regard to the rejWts. One individual stepped forwar t indicated that she would make her presentatio ' ;December 27, 2000. No one else a forward. Ms. Pete on moved to continue Land Use Plan Amendment #00-0, ' Zoning District Amen en #00-16 by R.L. Hexum &'Associates to December 27,200 Brede seco ed the motion. The motion carried 7-0.' ` AF Petersson moved to continue General Development Plan#159 by R.L. Hex rsociates to December 27, 2006. Mr. Brede seconded the motion. The motlod%ed -as. if W4 ✓� Page 3 • City Planning and Zoning Commission Minutes Hearing Date: December 13, 2000 Ms. Mitzi Baker presented the staff report, dated December 6, 2000, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Mr. Werven asked what staffs response was with regard to Tony Hill's comments on page 42 of the staff report. Ms. Baker responded that David Kramer, of the City Public Works Department, was listed on the memo as receiving a copy. She explained that the enforcement of the grading and erosion in the city is handled through the City Public Works Department. Mr. Werven expressed concern regarding no one following up on the comment made by Tony Hill. He questioned how the Commission should proceed, considering Mr. Hill's comments. Ms. Baker responded that, unless there was a severe occurrence that affects other properties that requires halting of any activity on the property, it is not relevant to the Commission's recommendation on the preliminary plat. She explained what the Commission looks for at the public hearings for preliminary plats. She stated that the Commission does not approve the grading plan. Mr. Burke asked why the comments made by Mr. Hill were included in the staff report. Ms. Baker responded that staff includes any comments made by referral agencies in the staff reports, unless they state that they have no objection. Ms. Schultze asked why Mr. Hill was not present if it was of concern to the Soil and Water Conservation District. She questioned if it is important to the Commission's review. She expressed concern with not being able to ask Mr. Hill questions. Ms. Baker responded that it is her opinion that his comments were not relevant to the Commission's review of the preliminary plat. Mr. Harford stated that, in the extreme, Mr. Hill's comments may make a difference in the design of a subdivision. If some grading work has been done and it appears that the design needs improvement, the Commission may want to look at a particular design for the preliminary plat before it goes to the final plat stage. However, in this particular case, he does not foresee Mr. Hill's comments making a difference on the design. Mr. Wade Dumond, of Yaggy Colby Associates, addressed the Commission. He stated that the applicant is agreeable to the six (6) conditions listed in the staff report. Mr. Dumond explained that the Soil and Water Conservation District reviews grading areas. However, the Public Works Department is responsible to address situations/comments. He stated that the comments have been forwarded to David Kramer and another staff person in Public Works Department. Mr. Burke asked if the final grading plan would address all of Mr. Hill's comments. Page 4 • •- City Planning and Zoning Commission Minutes Hearing Date: December 13, 2000 Mr. Dumond responded yes. With no one else wishing to be heard, Mr. Suk closed the public hearing. Mr. Burke moved to recommend approval of Preliminary Plat #00-48 by Arnold Bomgaars to be known as Spruce Meadows Second Subdivision with staff -suggested conditions. Ms. Petersson seconded the motion. The motion carried 6-1, with Mr. Werven voting nay. CONDITIONS: 1. The Plat shall be revised: a Changing the extension of the roadway to "Spruce Meadows Lane SE". 2. Dedication of parkland be met via cash in lieu of land, as indicated in the memo from the City Park and Recreation Department, dated November 27 2000. 3. Outlot A shall be dedicated to the City and construction of the 10 foot bituminous pedestrian path on Outlot A shall be concurrent with the construction of this project 4. Stormwater Management must provided for this development. 5. The Developer shall enter into a Development Agreement with the City of Rochester that outlines the obligations of the applicant relating, but not limited to; storm water management; park dedication; traffic improvements pedestrian facilities; contributions for public Infrastructure: 8. She Developer shall address the looping of the 8 . water main and installation of a �. gate and valve box as described in the memo from the Rochester Public Utilities - Water Division, dated November 21, 2000. , Mr. John Harford ented the staff report, dated November 27, 20 the Commission. The staff report is on file a Rochester Olmsted Planning Depart Mr. Harford stated that Harriet op School has an inte light on their sign. He explained that the light is to help with vandalifthHe also explaWO5 that some churches have gone through a variance process to allow si such instances. However, they suggest the staff report). indicated that staff is not concerned about be a few standards (which are referred to in Mr. Harford stated that heZar Commission to e a recommendation regarding standards that would adds of situations. He d that he would then come back to the Commission, with specific language t the Commission could take final action on the to REQUEST FOR COUNCIL ACTION MEETING 01-03-01 DATE: (D AGENDA N PUBLIC HEARINGS REDUCED ORIGINATING DEPT: PUBLIC WORKS ESTER CITY LINES ITEM NO. ?,-a PREPARED BY: A KNAUER W This is a hearing to consider expansion of the eligibility criteria for reduced fare benefits on Rochester City Lines regular route service. Under federal law transit systems receiving federal assistance must provide half -fare benefits to persons age 65 and older, persons with disabilities and persons with Medicare cards during off peak hours. Locally the half fare is 50 cents for a single ride or 10 rides for $4.00. Half fares are only honored during off peak times defined as 8:15 A.M. through 2:15 P.M. and after 6:45 P.M. weekdays and all day Saturdays. Currently Rochester City Lines uses proof of age, Medicare cards or ZIPS identification cards to identify eligible persons for half -fare benefits. However, not all persons with disabilities under the federal definition are Medicare card holders or ZIPS riders. It is proposed to modify the process for identifying eligible persons by including persons using visible mobility aids specifically wheelchairs and service animals and persons with an identification card issued by the Rochester Department of Public Works based upon an application attesting to the persons disability status. This modification is required to comply with U.S. DOT regulations. The Citizens Advisory on Transit has recommended approval of the change. REQUESTED COUNCIL ACTION Adopt the prepared resolution establishing the following criteria for determining eligibility for half -fare benefits during off-peak times on Rochester City Lines; Persons presenting proof of age 65 and older by drivers license or Minnesota Identification card. 2. Medicare card holders 3. ZIPS identification card holders 4. Persons using visible mobility aid devices specifically wheelchairs and service animals. 5. Persons with disabilities presenting an identification card issued by the Rochester Department of Public Works based on the U.S. Department of Transportation's criteria for persons with disabilities. UNCIL ACTION: Motion by: Second by: to: AGENDA N REQUEST FOR COUNCIL ACTION MEETING DATE: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PUBLIC WORKS l;-3 INCREASE IN ZIPS FARES PREPARED BY: A KNAUER r h This is a public hearing to consider the following increase in fares charged on ZIPS Dial- A -Ride. Urban Zone Suburban Zone Current Fares 8 rides for $10.00 5 rides for $10.00 Proposed Fares 5 rides for $10.00 no change If approved the above changes would go into effect January 29, 2001. The proposed fare increase is being recommended to offset the increase in operator rates effective in 2001. The operator's hourly rate will increase from $23.93 in 2000 to $33.00 in 2001. (Attachments A and B provide a history of the operator rates and comparisons with other communities.) This was the first substantial increase in the operator's rate since 1995. Even with the fare increase the local tax support was increased to fund the program. The last fare increase was in 1996. Attachment "C" provides a summary of fare changes since ZIPS was established. The fare increase should maintain a fare box ratio (revenues compared to cost) of 20% to 21% through 2002. The adopted transit program calls for a 20% farebox return ratio as a performance goal. ZIPS Dial -A -Ride is a mandated service under the Americans with Disabilities Act. The federal regulations specify minimums in regards to; service area, hours of service, service levels, eligibility and fares. The regulations recognize the more personal and direct aspects of door to door service. However, the fare cannot exceed twice the base fare charged on the regular route system. The current base fare on Rochester City Lines is $1.00. Therefore the maximum fare on ZIPS cannot exceed $2.00 without changing the fare on Rochester City Lines. The Citizens Advisory on Transit has recommended approval of the increase. A summary of fares in other selected cities is provided on Attachment "D" . REQUESTED COUNCIL ACTION Adopt prepared resolution approving a fare increase on ZIPS Dial -A -Ride from 8 rides for $10.00 o 5 rides for $10.00 for both urban and suburban service effective January 29, 2001. UNCIL ACTION: Motion by: Second by: �q ATTACHMENT A .S .U,00 O w 0) m rn rn N ZZZZ ONFP> 0 cn co en ❑wOwww w > O > > > > O ER—m r m W ❑ as-oc00 ufnj O 0 w W 0 0 0 U M 01 Q W J O J J O rn rn U)< J J Q Q Q Q Q Q o � Z w Ur 3: m U) CO U)NO O O U L) Q w wM0co(7C ' O ❑O nZ w w 2 5 S' w w cC w _Z 0= 2 2 2 m m x w w m_>>>> W W U > > Z ❑ > > W Lim Z _Sc = Q Z_ Z_ Z_ Z W W w w m m m m W W m W w W w m m 3: H F-m CC FCr [Cmm w w m mU Z UU) W W Z Z w w Z w Z Z Z Z Z Z J O O 0 0 O O O 0 0 0 0 0 0 0 0 0 O O O O O 0 0 0 0 0 000 O O r o O 0 0 0 00 O 0 0 0 00 Q m QI W O 01 cm 0 0) 0D7 41 O Ol M P < V V 'C cC O) r r r r r r ri r r r r r N N cV N N N N N VJ V) Vi Vi V3 69, V} 63 V� Vf V! 63 6% Vi V! W. Vi Vd V! V) V3 dj , J In m 0) r to f0 LO aI m 07 In In 10 m m V ll') In Ifi In N 0) 0) W m M O N 0 M M M 0 CC N m V m O O Q N m N c0 v V 'V <O c0 c0 c0 c0 O O N N N cli m M V N N N N N N N N M M QVI V; 613 Vl V) V) V9 V! 6. cA fR fA Vd Vi Vi Vf V3 Vd V9. V) Q U m m co fn m m co (n m m m m m cn U) w m V) w cn U) 0 0 cn m F- F- F- F- F- F- 0 N U) (n (nF- X wrt a:Xa ma w=w=Ir crux w xcr x ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 000 m U W H w F- W w F- F- W ❑ ❑ �... w ❑ ❑ ❑ W W w w w O Q Q Q¢ ❑❑¢ ❑❑❑Q QQ QQQ W cn ~ O 0 00 ZZF- ZZZF FF FFF Zm O 0 0 w w 0 w w W 0 00 coo Q w ❑w ❑ww xxw ❑xxxw ❑ www ❑oaa} ❑ww Z m Z m Z Z W W Z m w w W Z m Z Z m Z Z Z m m O M ..r m W O rnm N M mmm V' to m mmm m 0 O— m m m m m C to 0)m 0) m O N U-)m0 0o0 0) a) 0) morn 0)m0) rnmm0)rn MOm r- m03o o00 r r r r r r r r r r r r r W r r 0 r r N N N N 03 O 01 m r r N ATTACHMENT B - DIAL -A -RIDE COSTS / SOUTHERN MINNESOTA As of 2000 Most Recent Estimates Available The number of months reported varies. PER VEHICLE SYSTEM HOUR PER PASSENGER MOWER COUNTY $ 44.48 $ 7.69 THREE RIVERS $ 27.64 -$ 11.44 FAIRIBAULT $ 31.22 $ 4.46 LACRESENT $ 45.74 $ 11.23 NORTHFIELD $ 26.60 $ 3.84 RED WING $ 34.29 $ 5.53 SEMCAC $ 26.24 $ 4.40 STEEL COUNTY $ 26.83 $ 4.43 STEWARTVILLE $ 24.39 $ "_. 5.13 WINONA $ 19.22 $ 2.24 ROCHESTER $ 26.65 $ 7.23 DATA PROVIDED BY MNDOT. NOTE: COST PER PASSENGER IS EFFECTED BY POPULATION DENSITY, DISTANCE BETWEEN REQUESTS, ETC. vv ATTACHMENT C ZIPS DIAL -A -RIDE! FARE HISTORY DATE CHANGE ' JULY, 1976 ESTABLISHED FARE OF $.50 FOR SINGLE RIDE FEBRUARY, 1979 INCREASED FARE 10 RIDES FOR $5.50 OCTOBER, 1979 ESTABLISHED EVENING AND SATURDAY PASS 5 RIDES FOR $5.00 JANUARY, 1983 INCREASED FARE 10 RIDES $6.00 SEPTEMBER, 1986 INCREASED FARE 10 RIDES FOR $7.00 DECEMBER, 1991 ESTABLISHED NEW FARE ZONES: URBAN ZONE 10 RIDES $10.00 SUBURBAN ZONE 8 RIDES $10.00 JANUARY, 1996 INCREASED FARES ZONES: URBAN ZONE 8 RIDES $10.00 SUBURBAN ZONE 5 RIDES $10.00 0 0O � � D r Z r- o = `0 o m � p o (n m m z en <n en to cn to cn F» m m C30 r rl ma 0 n X —i nz m m 0 0 ! 0! !! 0 C o 0 0 0 cn 00 (nn m fA fA EA di di 4A EA _{ m N z cn o -n cNi X CA <-n vA to to to t» t» p a r D cTt O N O O :�4 N N O 0 0 to O O cn m 0 m Cl) c 0 -a m D -n CO D7 -n > ca m X z03 n o �c < x z z � m o Z z N CD 0 n 0 0 0 REQUEST FOR COUNCIL ACTION Reports & Recommendations ORIGINATING DEP City Administrator ITEM DESCRIPTION: Findings of Fact & Conclusions of Law related to Appeal # 00-04 of Variance Request #00-32 �� i MEETING DATE: 1 /3/01 ITEM NO. IC PREPARED BY: T. Spaeth At the December 18, 2000 City Council meeting, the Council considered an appeal to the Rochester Zoning Board of Appeals' denial of Mr. Frank Kottschade's variance request involving nine conditions of approval imposed upon the approval of General Development Plan # 151. Upon review of the record, the City Attorney has prepared findings of fact and conclusions of law and order relating to said appeal to variance request. Attached for the Council's review are the findings of fact prepared by the City Attorney. ATTACHMENTS: Copy of City Attorney prepared Findings of fact and Conclusions of law dated December 27, 2000 COUNCIL ACTION REQUESTED: The Council may adopt, modify or revise the findings of fact, conclusions of law and order as needed. %,uUNCIL ACTION: Motion by: second by: to: 20 OFFICE OF THE CITY ATTORNEY MEMORANDUM DATE: December 27, 2000 TO: Stevan E. Kvenvold — City Administrator FROM: Terry L. Adkins — Rochester City Attorney TLPS SUBJECT: Findings of Fact for Kottschade Appeal #00-04 of Variance Request #00-32 On December 18, 2000, the Council considered an appeal to the Zoning Board of Appeals' denial of Frank Kottschade's variance request involving nine conditions of approval imposed upon the approval of General Development Plan #151. The original variance request is identified as #00-32 and the appeal of the Zoning Board of Appeals' decision is identified as #00-04. Following the hearing, the Council instructed the City Attorney to prepare draft Findings of Fact, Conclusions of Law and Order and to bring this document back to the Council for its review and consideration. As further instructed by the Council, I prepared the Findings document so as to uphold the Zoning Board of Appeals' decision. I enclose that draft document for presentation to the Council. The Council may adopt, reject or modify the document as it pleases. Enclosure In Re: Appeal #00-04 by Franklin Kottschade BEFORE THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Findings of Fact, Conclusions of Law, and Order On December 18, 2000, the Common Council of the City of Rochester held a public hearing, upon notice to the public, to hear the appeal of Franklin Kottschade (hereinafter "Appellant") concerning a decision of the Rochester Zoning Board of Appeals denying Variance Request #00-32. The Variance Request occurred in response to the City Council's imposition of nine conditions upon its approval of the Applicant's General Development Plan #151. The ,pplicant requested a variance of either (1) the nine conditions of approval placed upon GDP #151, or (2) those provisions of the Rochester Code of Ordinances under which the Council imposed the nine conditions of approval upon GDP #151. On October 4, 2000, the Zoning Board of Appeals denied Variance Request #00-32. Appellant appealed the Zoning Board of Appeals' decision to the City Council. The appeal hearing came before the Council on November 20, 2000. At that time, the Council remanded the issue to the Zoning Board of Appeals since the Board failed to adopt findings of fact within the time frame required by Section 60.414 of the Rochester Code of Ordinances ("R.C.O."). On December 6, 2000, the Zoning Board of Appeals, following the remand, denied Variance Request #00-32 for a second time. The Council's December 181' hearing followed the Zoning Board of Appeals' December 61' action. i q� 11 At the December 18'h public hearing, the Applicant and William Tointon spoke in favor of the variance. Members of the city staff, including Senior Planner Baker, Planning Director Wheeler, Assistant City Administrator Neumann, Land Development Manager Nigbur and Public Works Director Freese spoke in favor of the Zoning Board of Appeals' decision to deny the variance. The Council considered all material submitted in its agenda packet (attached hereto and identified as "Agenda Record") and all material formally submitted into the record by the Applicant (attached hereto and identified as "Applicant's Record"). Based upon the evidence presented at the hearing, the Common Council of the City of Rochester does hereby make the following findings of fact, conclusions of law, and order. FINDINGS OF FACT 1. In early 2000, the Applicant submitted General Development Plan #151 (401h Street) (hereinafter "GDP #151") to the Council for approval. GDP #151 proposed low density residential development for the property located south of 40'h Street S.W., east of 11th Avenue S.W., and west of Highway 63 ("Site'). Agenda Record at 33-4. (The Site's legal description is found at Agenda Record at 12.) 2. The Council applied the criteria found at R.C.O. §61.215 in its analysis of GDP #151. Agenda Record at 40, 54-65. 3. On July 5, 2000, the Council adopted Findings of Fact, Conclusions of Law and Order concerning GDP #151. Agenda Record at 54-65. 2 4. By its July 5th action, the Council determined that GDP #151 satisfied the requirements of R.C.O. §61.215 if the Applicant satisfied the following nine conditions: A. The GDP should be revised to include the following: • 50 feet of right-of-way shown as being dedicated for 401h Street S.W., and 11th Avenue S.W., consistent with the adopted Thoroughfare Plan; • Pedestrian facilities along the east side of 11th Avenue S.W., and the south side of 40`h Street S.W., consistent with the adopted Thoroughfare Plan; • The site details (haul roads, stockpiles, proposed excavated ponds) of the approved conditional use permits covering this property and the adjacent properties; B. Stormwater management must be provided for this development C. Controlled access must be provided along the entire length of 40'h Street S.W., with the exception of the private street access that is shown across from Willow Heights Drive S.W., and along 11'h Avenue S.W., with the exception of the private roadway shown in the southwest corner of the GDP. The existing access immediately east of Willow Court S.W., must be closed upon construction of the private roadway. D. The applicant shall enter into a Development Agreement with the City that outlines the obligations of the applicant relating to, but not limited to, stormwater management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, SAC and WAC fees and contributions for public infrastructure improvements and contributions for future reconstruction of 40th Street S.E Current City policy for substandard street requires a contribution of $30.00 per foot of frontage for residential developments. The City may create a Transportation Improvement District in the area that may result in a capacity component being added to the substandard street reconstruction charge. E. If the development of this property occurs prior to the reconstruction of 40`h Street S.W., grading of this property must be compatible with the street profile and cross -sections being proposed for the 40th Street S.W., reconstruction in the Street Layout Plan. The private roadway connections to public streets must meet City intersection sight line standards. 3 �q M F. The applicant agrees to dedicate a total of 50 feet of right-of-way from the centerline of 40 Street S.W. This dedication must be provided with the first plat of this development or when the City notifies the owner that a roadway improvement project is programmed, whichever comes first. G. The applicant must agree to meet the parkland dedication requirement for this development in the form of cash in lieu of land. The development has a parkland dedication requirement of approximately 1.76 acres based on a maximum density of six units/acres. H. A revised GDP shall be filed with the Planning Department reflecting all required modifications. The private roadway running parallel to 401h Street S.W., be relocated on the GDP outside of the proposed street profile and cross sections for 401h Street S.W., as indicated on the preliminary plans prepared for 40th Street S.W., as reflected in the street plan of the City of Rochester's current 6-year Capital Improvement Program. Agenda Record at 59-61. 5. At the time the Applicant submitted GDP #151 to the City Council, he did not request a variance from any provision of the Rochester Code of Ordinances. In addition, he did not, as part of the review process for GDP #151, submit any conceptual development design drawings for the City's review or comment. 6. R.C.O. §60.734 permitted the Applicant to appeal the Council's July 5th Findings of Fact, Conclusions of Law and Order to District Court within 30 days of his receipt of the July 5th document. Agenda Record at 35. The Applicant did not exercise his right to appeal the Council's July 5`h decision. Agenda Record at 186-87. 7. On September 12, 2000, the Applicant filed Variance Request #00-32 seeking to vary either (a) the nine conditions of approval imposed by the Council on July 5, 2000, or (b) the ordinances under which the Council imposed the nine conditions which the Applicant listed and 4 / ,5- / ascribed as follows: A. 61.215(4),(5),(6),(7) (Criteria for Approval of General Development Plan) B. 64.230, et. seq. (Determining Right of Way Width) C. 64.133 (Funding Required Improvements) D. 64.134 (Dedication Required) E. 64.137 (Cost Sharing) F. 64.138 (Drainage Easements Required) G. 64.310 (Storm Water Run Off) H. 64.227 (Trail Thoroughfare and Sidewalks) 1. 64.122 (Street Design Features) J. 64.250 (Development Agreement with Regard to Street Easement and Right of Way Designations) K. 64.400, et. seq. (Park Land Dedication) L. 64.240 (Private Roadways) M. 64.220, et. seq. (Public Roadway and Trail Thoroughfare Design Standards) Agenda Record at 39. 8. On October 4, 2000, the Zoning Board of Appeals held a public hearing to onsider Applicant's Variance Request #00-32. Following the close of the hearing, the Board voted to deny Variance Request #00-32. The Board adopted findings of fact at its next meeting on November 1, 2000. These findings of fact were not adopted within 21 days of its public hearing as required by R.C.O. §60.414. Agenda Record at 26-7. 9. On October 26, 2000, the Applicant appealed the Zoning Board of Appeals' decision to the Common Council as provided for in R.C.O. §60.733(2). The matter came before the Council on November 20, 2000. Since the Applicant alleged a violation of, and since the facts indicated a lack of compliance with, R.C.O. §60.414, the Council remanded the matter back to the Zoning Board of Appeals for a new hearing and adoption of findings of fact within the required time period. Agenda Record at 201-06. s q(P 10. On December 6, 2000, the Zoning Board of Appeals held another hearing on Variance Request #00-32 and, following the hearing, denied the request. At its December 6t public hearing, the Board adopted findings of fact in support of its decision. Agenda Record at 11-6. Pursuant to the Applicant's October 26, 2000, appeal, the matter was returned to the Common Council. 11. The Council considered the Applicant's appeal on December 18, 2000. 12. At the December 4h public hearing, the Applicant's engineering representative, William Tointon, testified that he and members of his firm prepared two drawings depicting a "Before" and "After" comparison of the Applicant's proposed development on the Site. The "Before" drawing depicted a proposed development design of the Site prior to the Council's imposition of nine conditions on its approval of GDP #151. The "After drawing depicted the proposed development design of the Site after the Council's imposition of nine conditions on its approval of GDP #151. 13. Mr. Tointon stated that the "Before' drawing indicated 104 townhomes with two different styles: twinplexes and eight -unit townhomes. The "After' drawing indicated 26 townhomes. He stated that condition #1 (right of way needed for 40t' Street S.W.) and condition #5 (grading of the site to be compatible with the future elevation of 40t' Street S.W., and 11I' Avenue S.W.) had the greatest impact upon the amount of developable land on the Site. He stated that, following imposition of the nine conditions, there was insufficient depth on the Site to allow the construction of most of the "Before" drawing's 104 townhomes. 6 14. Mr. Tointon stated that, with respect to the "Before" and "After" drawings, "I can tell you that Mr. Masterpole in our office did design this project in accordance with the appropriate standards of your Land Development Manual and Zoning Ordinance." (The "Land Development Manual and Zoning Ordinance" are those portions of the Rochester Code of Ordinances addressing land use and zoning issues.) 15. In response to a question, Mr. Tointon agreed with the City Attorney's summary of Mr. Tointon's earlier testimony that Mr. Masterpole prepared the "Before" drawing in compliance with the provisions of the Land Development Manual. After being shown page 7 of the Council Agenda (which listed the 13 sections of the Land Development Manual that the Applicant sought to vary in Variance Request #00-32; See Agenda Record at 27-8;), the City Attorney asked how Mr. Masterpole could prepare the "Before" drawing in compliance with the Land Development lanual without complying with the 13 sections of the Land Development Manual for which the Applicant was now seeking a variance. Mr. Tointon stated, "[w]hat I said was that he prepared the illustrative map which is not the general development plan that was submitted to the City. This is not the plan that was submitted, this was a plan that was prepared to show how the site would, how the general development plan would be utilized." 16. In response to a question from the City Attorney, Mr. Tointon stated there was an alternative design concept involving access to the site not from 40"' Street or 11 h Avenue S.W., but from another access to the south. He stated this alternative involved securing several permits from the Department of Natural Resources and from other entities. He described the permit processes involved as being difficult, but indicated the Applicant had not attempted to secure any of the permits. He stated that acquisition of these permits would be required in order 7 rA to integrate development of the Site with the adjacent parcels (which are also owned by the Applicant). 17. In response to a question from the Assistant City Administrator, Mr. Tointon stated that the 'Before" and "After drawings have not been approved by the Planning Department and are "illustrative examples' of how they anticipate the development of the Site might occur with and without the nine conditions. 18. At the December 18, 2000, public hearing, the Applicant testified that he acquired the property in question in 1992. See also Agenda Record at 6. The Applicant also testified that the nine conditions of approval imposed by the City create for him an undue hardship since the conditions prevent him from receiving an economic return on his development property. Agenda Record at 7, 21. 19. The Applicant stated the estimated total development costs per unit for the "Before" drawing conception is $22,378. The estimated total development costs per unit for the "After" drawing conception is $89,511. In the "After drawing, the $89,511 figure increases to about $125,000 after including land value costs, transaction costs, developer overhead costs, legal expenses and developer profit. Based upon the "After' drawing conception of 26 units and the total cost of $125,000 per unit, the sale price of a townhome unit would be in the $500,000 - $600,000 range. This is based upon the "Five times" rule which states the selling price should be five times the land costs so as to allow for the improvement to be built upon the land. Agenda Record at 5, 226. 20. The Applicant provided real estate information showing the current retail market for townhomes. According to that information, the highest selling price for a townhome was a 55,000. Because the market would not allow a $500,000 - $600,000 sale price, the Applicant claimed he was unable to put his land to a reasonable use and, as such, incurred an undue hardship. Agenda Record at 5. 21. The Applicant stated he has current mining permits for this site. He stated that up front costs of $384,000 would be needed in order to open up the mining operation. Without a very large construction project, he stated it was not economically feasible to perform the mining operation. Agenda Record at 5-6. 22. The Applicant stated he is unaware of any developer who has experienced the imposition of conditions similar to those imposed in GDP #151. 23. In response to a question, Public Works Director stated that the listing of improvement items on Agenda Record 226 is driven by the configuration, size and frontage (out of the Applicant's property. The same computation used in determining the cost of public improvements for the Applicant's development is used for other developments. The actual configuration, size and frontage layout of the property determines the cost for each improvement requirement. 24. In response to a question, the Applicant stated that the development cost amount of $22,378 per unit under the "Before" scenario is on the high side of the retail market for townhomes. After adding in overhead costs, the figure of $22,378 becomes about $50,000. He stated that the application of the "Five Times" rule puts the selling cost of each unit at about $250,000 which starts to "price it out." 25. Council member Evans asked whether there was one or two conditions in particular which the Applicant found unduly burdensome in his desire to develop the site. The 9 a Applicant stated that the Council's 1999 adoption of a new subdivision regulation ordinance created this development problem for him and caused development problems in general for other developers. In particular, the Applicant stated that the use of development agreements caused "an unholy and unruly situation" and has resulted in an increase in the cost of housing in Rochester. The Applicant stated, "[c]an I point to one? The truth is they are all cumulative." The Applicant stated, "I am not asking for special favors for myself as a developer. I want to be treated no different than any other developer." 26. Throughout his testimony, the Applicant consistently requested a variance for all nine conditions. He never singled out any particular conditions nor did he discuss any alternatives to any of the conditions. 27. In response to a question from Council Member Evans, Senior Planner Baker stated that the "After" drawing's depiction, and the provision of only 26 townhome units, appeared to be unrealistic. She stated that the "After" scenario depicted the private right-of-way within the development to be 50 feet in width. She stated, "I don't recall ever seeing a 50 foot wide right of way shown for a private roadway serving a fairly low density development." 28. Senior Planner Baker indicated the "After" drawing depicted two styles of townhome units. She indicated there are other styles which might work in this development. 29. Senior Planner Baker indicated "Another thing that I think could be considered here is if there are other performance standards which are prohibiting a higher density from being achieved such as a setback, a landscape area, a recreation space, an off-street parking standard. Are there minimum variances to other standards that could be considered to achieve a density similar to 104 units or somewhere in that range without completely waiving what are 10 81 iinimum standards of our ordinance that other developers are subject to? ... Certainly seems there are other ways to take a look at this property." 30. Council Member Evans stated, "[w]e have a lot of things that come through here sometimes with even more conditions than nine on it and sometimes I wonder how developers can make them work but they always make them work." 31. Several council members indicated a desire to meet with the Applicant and city staff in an attempt to discuss and work out a possible compromise on applicable performance standards. It was pointed out that either the City or the developer can initiate an amendment to a general development plan. 32. Land Development Manager Nigbur stated that in 1992, when the Applicant purchased this property, all but three of the nine conditions ( and their underlying ordinance rovision) were in existence. He stated, "So, these are all things he should have been aware of as the buyer of the land." The three conditions are #D, #E and #l. 33. Senior Planner Baker stated, "[t]his property owner purchased the property in 1992. Effective January 1, 1992, we had many of these regulations already in place in very similar format to what we have today." She also stated, "[t]he granting of this variance request may be materially detrimental to the public welfare and may adversely affect the implementation of the comprehensive plan by not providing for dedication of lands for roadway improvements, providing for pedestrian facilities, providing for park land dedication, providing for stormwater management facilities, and providing for the extension of public utilities in compliance with minimum development standards and requirements of the adopted plans and ordinances of the city. ... Most of the conditions that were placed on this general development plan were simply 11 r. because the development itself did not meet the minimum design standards." Two members of the Zoning Board of Appeals made similar statements during the Zoning Board of Appeals' hearings. Agenda Record at 9. 34. R.C.O. §60.410 states that, pursuant to state law as found in Minn. Stat. §462.357, subd. 6, there is the opportunity "to vary the literal provisions of the ordinance ... by the creation of the variance procedure." 35. The Common Council reviewed the application for the variance and considered the criteria provided in §60.417. This ordinance provides that the Council may grant a variance to the provisions of the Land Development Manual if it finds that: a) there are extraordinary conditions or circumstances, such as irregularity, narrowness, or shallowness of the lot or exceptional topographical or physical conditions which are peculiar to the property and do not apply to other lands within the neighborhood or the same class of zoning district; and b) the variance is necessary to permit the reasonable use of the property involved; and c) the variance will not be materially detrimental to the public welfare or materially injurious to other property in the area, is in harmony with the general purpose and intent of the ordinance, and will not adversely affect implementation of the Comprehensive Plan; and d) the variance as granted is the minimum necessary to provide reasonable economic use of the property. 36. R.C.O. §60.417 also provides that extraordinary conditions or circumstances cannot be the result of an action of the applicant or property owner in control of the property. 37. R.C.O. §60.417 also provides that a variance cannot be granted if the development of the parcel in question can be integrated with the development of adjacent 12 03 arcels under the same ownership in such a manner so as to provide for the reasonable economic use of the total site in a manner consistent with the provisions of the ordinance. CONCLUSIONS OF LAW 1. This variance appeal is properly before the Common Council pursuant to R.C.O. §60.733. 2. R.C.O §60.410 of the Rochester Code of Ordinances does not provide for a variance from conditions of approval imposed upon a general development plan. Instead, a party seeking to contest the validity of the Council's imposition of any condition of approval placed upon a general development plan must utilize the appellate procedure provided for in R.C.O. §60.734 (appeal to district court). 3. The Zoning Board of Appeals correctly concluded that it lacked the authority to vary the conditions of approval imposed upon a general development plan. 4. R.C.O. §60.410 of the Rochester Code of Ordinances does provide for a variance from one or more of the ordinances which formed the basis for the Council's imposition of conditions upon GDP #151. 5. R.C.O. §60.417 provides the criteria in the analysis of a request for a variance. 6. Since the granting of a variance to the Applicant allows him to use the property in a manner forbidden by the applicable ordinances, he has a "heavy burden" to show he has satisfied all of the criteria provided in R.C.O. §60.417. See Luger v. City of Burnsville, 295 N.W.2d 609,612 (Minn. 1980). 13 7. Based upon a substantial amount, and a preponderance, of the testimony and evidence received at the December 18, 2000, public hearing, the Common Council determines that the Applicant failed to show that there are extraordinary conditions or circumstances peculiar to his property and which do not apply to other lands within the neighborhood or the same class of zoning district. The Applicant's generalization that the nine conditions placed upon GDP #151 made his proposed development economically unfeasible because of increased costs and decreased developable land does not satisfy his burden of proof as to extraordinary conditions or circumstances. The Applicant acquired this property in 1992 and there was no testimony that the property characteristics changed in any way since that time. Furthermore, the Applicant did not show any evidence that the City arbitrarily applied any provision of R.C.O. §61.215 (Criteria for General Development Plans) to some developers, but not to others. Instead, there is testimony that the ordinances which gave rise to the nine conditions are applied equally to all development occurring within the City. 8. Based upon a substantial amount, and a preponderance, of the testimony and evidence received at the December 18, 2000, public hearing, the Common Council determines that the Applicant failed to show that a variance is necessary to permit the reasonable use of his property. The Applicant has not provided any information to demonstrate how any of the ordinance provisions pursuant to which the nine conditions were imposed operate to prevent him from completing his proposed development. The Applicant's generalization that the nine conditions placed upon GDP #151 have a "cumulative" effect and make his proposed development economically unfeasible because of increased costs and decreased developable land does not satisfy his burden of proof. Economic considerations alone do not constitute an 14 gG- / idue hardship if reasonable use for the property exists under the terms of the ordinance. Minn.Stat. § 462,357, subd. 6(2), The Applicant's principal testimony on this point is the "After' drawing conception plan which shows a decrease in the depth of the lots, and a corresponding decrease in the number of townhome units which could be constructed, following implementation of the Council's nine conditions. However, there is evidence that there are other alternatives available to the Applicant, including a waiver of performance standards and other styles of townhomes, which might allow additional townhome units. There is also evidence that there is an alternative design involving access from the south. The Applicant did not provide any information as to why these alternatives are not feasible. There is also evidence that the comparison between the "Before" drawing and the "After' awing is unreliable. It was stated the "Before" drawing complied with all of the provisions of the Land Development Manual portion of the Rochester Code of Ordinances. Yet, the "Before' drawing does not consider those 13 ordinance provisions of the Land Development Manual upon which the Council relied in imposing the nine conditions of approval upon GDP #151 and which are now the subject of Applicant's variance request. The "Before" drawing is simply a depiction of a possible site design which can only occur if the 13 ordinance provisions at issue in Variance Request #00-32 are waived and no additional conditions are imposed. Furthermore, the Applicant stated that under the "Before' drawing scenario, the resulting sale price of $250,000 per townhome was on the high side of the current retail market and, as such, may not be marketable. In other words, even assuming the absence of the nine conditions, the Applicant believes he would have a difficult time selling his townhomes at a price is 3 that makes economic sense. Finally, the Applicant failed to show that he would like to use his property in a reasonable manner which is otherwise prohibited by the Rochester Code of Ordinances. There are potential alternatives available to the Applicant which may allow him to accomplish his development goals. There may be other minimal performance standards which could be varied to allow the Applicant to achieve his desired development goal. 9. Based upon a substantial amount, and a preponderance, of the testimony and evidence received at the December 18, 2000, public hearing, the Common Council determines that the Applicant failed to show that a variance will not be materially detrimental to the public welfare or materially injurious to other property in the area, the variance is in harmony with the general purpose and intent of this ordinance, and the variance will not adversely affect implementation of the Comprehensive Plan. The Applicant provided no information concerning the impact of this variance upon other property in the area. To the contrary, there was testimony that the granting of the variance would impede the goals of the Comprehensive Plan in terms of the dedication of lands for roadway improvements and the provision of pedestrian facilities, parkland, stormwater management facilities, and the extension of public utilities. 10. Based upon a substantial amount, and a preponderance, of the testimony and evidence received at the December 18, 2000, public hearing, the Common Council determines that the Applicant failed to show that the requested variance is the minimum necessary to provide reasonable economic use of the property. The Applicant has not provided any information to demonstrate how any of the objectionable ordinance provisions prevent him from completing his proposed development. The Applicant's generalization that the nine conditions 16 I 9% laced upon GDP #151 have a "cumulative" effect and make his proposed development economically unfeasible because of increased costs and decreased developable land does not satisfy his burden of proof. Economic considerations alone do not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Minn.Stat. § 462.357, subd. 6(2). The Applicant's principal testimony on this point is the "After" drawing conception plan which shows a decrease in the depth of the lots, and a corresponding decrease in the number of townhome units which could be constructed, following implementation of the Council's nine conditions. However, there is evidence that there are other alternatives available to the Applicant, including a waiver of performance standards and other styles of townhomes, which might allow additional townhome units. There is also evidence that the comparison between the "Before" drawing and the "After" drawing is unreliable. It was stated the "Before" drawing complied with all of the provisions of the Land Development Manual portion of the Rochester Code of Ordinances. Yet, the "Before" drawing does not consider those 13 ordinance provisions of the Land Development Manual upon which the Council relied in imposing the nine conditions of approval upon GDP #151 and which are now the subject of Applicant's variance request. The "Before" drawing is simply a depiction of a possible site design which can only occur if the 13 ordinance provisions at issue in Variance Request #00-32 are waived and no additional conditions are imposed. Furthermore, the Applicant stated that under the "Before" drawing scenario, the resulting sale price of $250,000 per townhome was on the high side of the current retail market and, as such, may not be marketable. In other words, even assuming the absence of the nine 17 FA conditions, the Applicant believes he would have a difficult time selling his townhomes at a price that makes economic sense. 11. Based upon a substantial amount, and a preponderance, of the testimony and evidence received at the December 18, 2000, public hearing, the Common Council determined that the Applicant failed to show that any extraordinary conditions or circumstances were not the result of the Applicant's action. There is uncontroverted evidence in the record indicating that ordinance provisions which support the imposition of six of the nine conditions of approval were in place and in effect prior to the time the Applicant acquired the property. A landowner who purchases property with actual or constructive knowledge that his desired use is not permitted by applicable ordinances is not entitled to a variance since any resulting hardship is self-inflicted. See Hedlund v. City of Maplewood, 366 N.W.2d 624 (Minn. Ct. App. 1985). 12. Based upon a substantial amount, and a preponderance, of the testimony and evidence received at the December 18, 2000, public hearing, the Common Council determined that the granting of the variance in this case does not promote the public health, safety, morals, or general welfare. If granted, the variance would deprive the public of lands needed for roadway improvements, the provision of pedestrian facilities, parkland, stormwater management facilities, and the extension of public utilities. 13. Based upon a substantial amount, and a preponderance, of the testimony and evidence received at the December 18, 2000, public hearing, the Common Council determined that Applicant's variance request is unreasonable. The Applicant could have approached City staff regarding his concerns with the nine conditions of approval in light of the "Before" and "After" drawings. The Applicant could have sought city staff assistance in working with 18 n Wormance standards the varying of which might accomplish Applicant's development goals. However, there is no evidence indicating the Applicant attempted to bring his concerns to City staff. Furthermore, there is no evidence indicating the Applicant sought an amendment to GDP #151 which could have accomplished his development goals by making changes to his development design or by seeking variances to performance standards. 14. Based upon a substantial amount, and a preponderance, of the testimony and evidence received at the December 18, 2000, public hearing, the Common Council determines that the Applicant failed to show that the development of the Site cannot be integrated with the development of adjacent parcels under the same ownership in such a manner so as to provide for the reasonable use of the total property in a manner consistent with the provisions of the Rochester Code of Ordinances. There is evidence that achieving such development integration ould be difficult because of the need for various state permits in crossing a creek and city permits to allow development within a flood area. However, a simple claim that "it can be done, but it wouldn't be easy' does not satisfy the Applicant's heavy burden to show compliance with this variance criteria. The Applicant simply has not provided sufficient information as to the economic plausibility or viability of development integration between the Site and the adjacent parcels. 15. Based upon a substantial amount, and a preponderance, of the testimony and evidence received at the December 18, 2000, public hearing, the Common Council determined that the Applicant failed to satisfy all of the criteria needed for the granting of a variance as required by R.C.O. §60.417 and, as such, the Council must deny Variance Request #00-32. 19 r. 16. Based upon a substantial amount, and a preponderance, of the testimony and evidence received at the December 18, 2000, public hearing, the Common Council determined that there is no legal basis to reverse the decision of the Zoning Board of Appeals and that such decision should be affirmed consistent with this Findings of Fact, Conclusions of Law, and 6-1 ORDER The Common Council of the City of Rochester, pursuant to R.C.O. §60.733, does hereby affirm the decision of the Zoning Board of Appeals in Appeal #00-04 and does hereby deny the variance requested by the Appellant from the (a) nine conditions of approval imposed upon the approval of GDP #151 and (b) provisions of the Rochester Code of Ordinances under which the Council imposed the nine conditions of approval upon GDP #151. Dated at Rochester, Minnesota this day of January, 2001. Fof.mnMVadance. Kotts00-04 20 John Hunziker, President of the Rochester City Council REQUEST FOR COUNCIL ACTION MEETING 1 DATE: 1/3/01 AGENDASECTION: ORIGINATING DEPT: ITEM NO. OLUTIONS AND ORDINANCES CITY ATTORNEY'S OFFICE G 1 ,P,' DESCRIPTION: PREPARED BY: RESOLUTIONS AND ORDINANCES TERRY ADKINS G. 1. RESOLUTIONS G. 2. FIRST READING OF ORDINANCES, aS appropriate. G. 3. SECOND READING OF ORDINANCES (for adoption). None Scheduled G.4. MISCELLANEOUS • OUNCIL ACTION: Motion by: Second by: to: