HomeMy WebLinkAbout04/02/2001_RegularCITY OF ROCHESTER
COUNCIL AGENDA
COUNCIL/BOARD CHAMBERS
GOVERNMENT CENTER
151 4T" STREET SE
MEETING NO. 7
REGULAR
PAGE
(1-2) A) OPEN COMMENT PERIOD
B) CALL TO ORDER
C) LETTERS AND PETITIONS
O `' 0 7
April 2, 2001
7:00 P.M.
(3-6)
1)
Request for City Services — Graham Property - South '/2 Section 6,
Marion Township
(7-10)
2)
Request for Extension of Public Utilities and Road Patterns to Serve
the Morris Property in Section 13
(11-12)
3)
Request for Curb and Gutter Overlay on 15r Street SW
(13-14)
D)
CONSENT AGENDA/ORGANIZATIONAL BUSINESS
Approval of Minutes
(15-22)
1)
Quit Claim Deed for Strip of Land Adjacent to WR-6A Reservoir
(23-24)
2)
Advertise for Bids to Construct a New General Aviation Arrival and
Departure Building
(25-26)
3)
Advertise for Bids to Expand Lower Level Passenger Gates 3 and 4
(27-28)
4)
On Sale Intoxicating and Sunday Liquor for Sawatdee Thailand
Restaurant
(29-30)
5)
Licenses, Bonds & Miscellaneous Activities
(31-32)
6)
Approval of Accounts Payable
(33-34)
7)
Acceptance of 2001 Seasonal Supply for Bituminous Materials
(35-36)
8)
Acceptance of 2001 Seasonal Supply for Asphalt Materials
(37-38)
9)
Acceptance of 2001 Seasonal Supply for Ready -Mixed Concrete
(39-40)
10)
Acceptance of 2001 Seasonal Supply of Aggregate Materials
(41-42)
11)
Stop Violence Against Women Act (VAWA) Fund Grant
(43-44)
12)
Donation for Police Officer Trading Cards
(45-46)
13)
Honor Guard Donation
(47-48)
14)
COPS More 2001 Grant Application
(49-54)
15)
Consideration of Public Utility Board Action
(55-56)
16)
Owner Contract — Watermain & Hydrant to Serve Extended Stay
America —Lot 6, Block 1, Wood Lake Park - J9755
(57-58)
17)
Owner Contract — Basic Construction in South Park Sixth Subdivision
- J9774
Council Agenda
Page 2 of 3
AprU 2, 2001
(59-60) 18)
Pedestrian Facility Agreement — Dale G. Ragan Property (Norlight
Telecommunications Inc. — Lessee)
(61-62) 19)
Stormwater Management Agreement
(63-64) 20)
Development Agreement — Nova Inc. — 37th Street NW
(65-70) 21)
Feasibility Report for Cascade Street NW from 9th Avenue NW to 18`h
Avenue NW — J9612
(71-76) 22)
Feasibility Report for Sewer & Water Trunk Mains to Serve Vacant
Land in Portions of Sections 25, 26, 35, & 36, Rochester Township
(77-80) 23)
Feasibility Report for Sanitary Sewer and Watermain Extension to
Serve the Graham Property — J9795
(81-88) 24)
Feasibility Report for Sanitary Sewer and Public Improvements to
Serve Rose Harbor Subdivision Area —J 9749
(89-94) 25)
Feasibility Report for Sanitary Sewer and Watermain to Serve the
Thomas Subdivision Area — J9788
(95-100) 26)
Feasibility Report for Sanitary Sewer and Watermain to Serve the
Welch Subdivision Area — J9789
(101-102) 27)
Advertise for Bids — Curb, Gutter, and Overlay on 22"d Street NE from
7"' Avenue to 10`h Avenue & 7`h-10th Avenues NE from North Heights
Drive to 22"d Street NE and 21 Street NE — J9725
(103-104) 28)
Advertise for Bids — Curb, Gutter & Overlay on 19th Avenue NW from
19th Street NW to Valley High Drive — J9723
E) HEARINGS
(105-112) 1)
Continued Hearing on Vacation Petition #01-03 by Betty Blanchard
and Michelle Durigan to Vacate the Undeveloped Right -of -Way
Located West of Tenth Avenue SE - Affects the Properties of 435 and
435 %Z Tenth Avenue SE
(113-148) 2)
Continued Hearing on Type 111, Phase II Restrictive Development #00-
29 Preliminary Plan by Waste Management for a Transfer Station on
Property Located Along the East Side of 11th Avenue SW and South
of Tenth Avenue SW
(149-170) 3)
Revised Preliminary Plat #01-06 by Countryside Builders to be Known
as Stonehedge First Subdivision Located North of East Circle Drive,
East of the Deerhaven Development and West of Century High
School
(171-180) 4) Final Plat #00-40 by Ratzloff-Bigelow Development to be Known as
South Park Six located North of Pinewood Road SE, West of 22"d
Avenue SE and East of the Bikeway Trail
(181-188) 5) Final Plat #01-11 by First Alliance Credit Union to be Known as
Alliance Business Park First Replat Located Along the North Side of
37th Street NW and East of East River Road
(189-198) 6) Annexation by Ordinance Petition #01-06 by the People of Hope
Church on Land Located Along the North Side of Country Club Road
and West of West Circle Drive/CR22 and East of 45th Avenue NW
Council Agenda
Page 3 of 3
April 2, 2001
(199-204) 7) Local Improvement Project No. 7104-99 (J-9541) "Curb, Gutter and
Overlay on Green View Drive SW, Green View Place SW and Green
Field Lane SW
(205-206) 8) Proposed Assessment for Project No. 7104-99 (J-9541) "Curb, Gutter
and Overlay on Green View Drive SW, Green View Place SW and
Green Field Lane SW
(207-208) 9) Community Development Block Grant Program Amendment of the
1998 Action Plan
F) REPORTS AND RECOMMENDATIONS
(209-212) 1) Waste Management Transfer Station Development Agreement
(213-214) G) RESOLUTIONS AND ORDINANCES
H) TABLED ITEMS
1) OTHER BUSINESS
J) ADJOURNMENT
REQUEST FOR COUNCIL ACTION
MEETING
DATE: 4/2/01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
OPEN COMMENT PERIOD
CITY ADMINISTRATOR
A
M DESCRIPTION: OPEN COMMENT PERIOD
PREPARED BY:
S.KVENVOLD
This agenda section is primarily for the purpose of allowing citizens to address the City Council on a topic of
their choice. The following guidelines apply:
• This section of the agenda may not be used as a forum to continue discussion on an agenda item which has
already been held as a public hearing.
• This agenda section is limited to 15 minutes and each speaker is limited to 4 minutes.
• Any speakers not having the opportunity to be heard will be first to present at the next Council meeting.
• Citizens may only use this forum to address the Council on a maximum of one time per month.
• Matters currently under negotiation, litigation or related to personnel will not be discussed in this forum.
• Questions posed by a speaker will generally be responded to in writing.
JNCIL ACTION: Motion by: second by: to:
REQUEST FOR COUNCIL ACTION
MEETING 3
DATE: 4/2/01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
Letters and Petitions
City Clerk
C - I
DESCRIPTION: Request for City Services - South 1/2 Section 6, Marion Township
PREPARED BY:
Judy Scher r
Fred Schmidt is requesting that the City initiate a feasibility study for City services to serve the
Graham Property located in a part of the South %: of Section 6, Marion Township.
COUNCIL ACTION REQUESTED
A motion to adopt the prepared resolution directing the Public Works Department to prepare a
feasiblity study for City services to serve the Graham Property located in a part of the South % of
Section 6, Marion Township.
U
C JCIL ACTION: Motion by: second by: to:
March 7. 2001
Honorable Mayor and Common Council
City of Rochester
% Ms. Judy Scherr, City Clerk
201 SE 4`" Street, Room 135
Rochester, MN 55904
RE: Unplatted Lands in a part of the South Half of Section 6
Marion Township (Graham Property)
Dear Mayor and Council:
I propose to develop approximately 98 acres of land in Section 6 of Marion Township for
residential use with municipal sewer and water service from the City of Rochester.
The project will consist of 180 to 185 single-family lots.
The roadways within the project will be public and will access both TH 14 and Eastwood
Road. The east boundary is the west line of Eastwood Golf Course.
The site will be annexed to the City of Rochester.
This letter represents my formal petition for utility service from the City of Rochester to the
above described property.
Respectfully yours,
Fred Schmidt
cc: Mr. Stevan Kvenvold
Mr. Phil Wheeler
Mr. Richard W. Freese, P.E.
Land Consultants
REQUEST FOR COUNCIL ACTION MEETING '
DATE: 4/2/01
AGENDA SECTION:
Letters and Petitions
ORIGINATING DEPT:
City Clerk
ITEM NO.
Cl
I DESCRIPTION: Request for Extension of Public Utilities and Road Patterns to serve
PREPARABY-
the Morris Property in Section 13
Judy Sch
Lowell Penz is requesting the City to complete a feasibility study for the extension of sewer, water
and other utilities as well as road patterns to serve the Moms property in Section 13 of Cascade
Township.
COUNCIL ACTION REQUESTED
A motion to adopt the prepared resolution directing the Public Works Department of prepare a
1 , feasibility study for the extension of sewer, water and other utilities as well as road patterns to
serve the Moms property in Section 13 of Cascade Township.
NCIL ACTION: Motion by: Seoond by: to:
IN
Lowell Penz
3775 Willow Ridge Dr. SW
Rochester, MN 55902
Office (507) 285-5722
Fax (507) 536-2751
Rochester City Council
201 4th St. SE
Rochester, MN 55904
Attn: Richard Freeze
RE: Morris Property
SW1/4 SW 1/4 Section 13 and
SE 1/4 SW 1/4 Section 13 West of Trunk Hwy #63
Dear Richard,
26 March 2001
We request the city to do a feasibility study of Sewer, Water and Utilities, along with road
patterns in the area.
Any questions call me at the above listed telephone number.
Sincerely,
Lowell Penz
dlc/
CC: Ken Boyer
REQUEST FOR COUNCIL ACTION
MEETING
DATE: 4/2/01
AGENDA SECTION:
Letters and Petitions
ORGINATIN IG DEPT:
City Clerk
ITEM NO.
e ,3
1 DESCRIPTION: Request for Curb and Gutter Overlay on I st Street S.W.
PREPARED BY:
Judy Scherr
The Dorothy Day Hospitality House, located at 703 First Street S.W., is requesting that the City
proceed with a local improvement project to Overlay Curb and Gutter on First Street S.W. from
l Ith Avenue to 7th Avenue S.W.
COUNCIL ACTION REQUESTED
A A motion to adopt the prepared resolution instructing the Public Works Department to prepare a
feasibility report on "Curb and Gutter Overlay on l:t Street S.W. from 1 Ith Avenue to 71h Avenue
�v
I NCIL ACTION: Motion by: Second by: to:
PETITION FOR LOCAL IMPROVEMENT PROJECT
CITY OF ROCHESTER
We the undersigned owners of property in 1't Street SW
in Olmsted County, Township, Minnesota, do hereby
petition the Rochester City Council to construct the following
local improvement project:
Curb Gutter Overlay on l" Street SW
Commencing at: llth Ave SW
and Ending at: 7`h Ave SW
In the year: 2001
We are aware that as owners of property abutting this proposed
local improvement project, we are subject to special assessment
charges according to the City of Rochester's Comprehensive
Pavement Management Program.
Name (please print) Address Signature
REQUEST FOR COUNCIL ACTION
MEETING 13
DATE: 4/2/01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
CONSENT AGENDA
CITY ADMINISTRATOR
D-1 to D-28
4 DESCRIPTION: D-28
PREPARED BY:
APPROVAL
OF CONSENT AGENDA ITEMS
G. NEUMANN
This RCA lists all the items which have been included in the consent agenda for this meeting. The Council can
approve all of the items with a single motion to approve. The Council President will allow the Councilmembers
an opportunity to state whether there are any of these items which you wish to have removed from the consent
agenda
approval and to have them discussed and acted upon separately by the Council.
The consent agenda for this meeting consists of the following RCAs:
Approval of Minutes
D-1.
Quit Claim Deed for Strip of Land Adjacent to WR-6A Reservoir
D-2.
Advertise for Bids to Construct a New General Aviation Arrival and Departure Building.
D-3.
Advertise for Bids to Expand Lower Level Passenger Gates 3 and 4.
D-4.
On Sale Intoxicating and Sunday Liquor for Sawatdee Thailand Restaurant.
D-5.
Licenses, Bonds & Miscellaneous Activities,
D-6.
Approval of Accounts Payable
D-7.
Acceptance of 2001 Seasonal Supply for Bituminous Materials.
D-8.
Acceptance of 2001 Seasonal Supply for Asphalt Materials.
D-9.
Acceptance of 2001 Seasonal Supply for Ready -Mixed Concrete.
D-10.
Acceptance of 2001 Seasonal Supply of Aggregate Materials.
D-11.
Stop Violence Against Women Act (VAWA) Fund Grant.
D-12.
Donation for Police Office Trading Cards.
D-13.
Honor Guard Donation.
D-14.
COPS MORE 2001 Grant Application.
D-15.
Consideration of Public Utility Board Action.
D-16.
Owner Contract - Watermain & Hydrant to Serve Extended Stay America (Lot 6, Block 1, Wood Lake
Park) J9775
D-17.
Owner Contract - Basic Construction in South Park Sixth Subdivision - J9774
D-18.
Pedestrian Facility Agreement - Dale G. Ragan Property (Norlight Telecommunications Inc. - Lessee)
D-19.
Stormwater Management Agreement.
D-20.
Development Agreement - Nova Inc. - 37'h Street NW
D-21.
Feasibility Report for Cascade Street NW from 9`h Avenue NW to 18"i Avenue NW - J9612.
D-22.
Feasibility Report for Sewer & Water Trunk Mains to Serve Vacant Land in Portions of Sections 25, 26,
35, 36, Rochester Township
D-23.
Feasibility Report for Sanitary Sewer and Watermain Extension to Serve the Graham Property - J9795.
D-24.
Feasibility Report for Sanitary Sewer and Public Improvements to Serve Rose Harbor Sub. Area -
J9749.
D-25.
Feasibility Report for Sanitary Sewer and Watermain to Serve the Thomas Subdivision Area - J9788.
D-26.
Feasibility Report for Sanitary Sewer and Watermain to Serve the Welch Subdivision Area - J9789.
D-27.
Advertise for Bids - Curb, Gutter, and Overlay on 22"d Street NEW from 7th Avenue to 10`h Avenue and
7d'-10`h Avenues NE from North Heights Drive to 22nd Street NE and 21s` Street
D-28.
Advertise for Bids - Curb, Gutter, and Overlay on 19d' Ave. NW from 19th Street NW to Valley High Dr
NCIL ACTION: Mobon by: Second by: to:
1y
Page two
Council Action Requested
Motion to Approve Consent Agenda Items.
REQUEST FOR COUNCIL ACTION
MEETING I
DATE: 4/2/01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
CONSENT
ADMINISTRAION
D -
DESCRIPTION: QUIT CLAIM DEED FOR STRIP OF LAND ADJACENT TO WR-
PREPARED BY:
6A RESERVOIR
G. NEUMANN
This matter was reviewed and approved by the South Zumbro Watershed Joint Powers Board in 2000. The
property -owner involved now wants to proceed on this matter.
The Joint Powers Board was requested to provide a Quit Claim Deed for two strips of property that are not
utilized for the WR-6A Reservoir, but for which the Board at one time held title. This involved a very confusing
land acquisition and transfer associated with the WR-6A land acquisitions. In essence, what the Board has
agreed to Quit Claim is no longer property to which the Board or the City has any claim.
The title to the affected strips of land were recorded in the name of the City. As a result, City approval to
provide the Quit Claim deed is also required.
COUNCIL ACTION REQUESTED:
Approval to grant a Quit Claim Deed to Willow Creek Golf Course, contingent upon any lands in the area
subject to Quit Claim not being within the reservoir site area.
( NCIL ACTION: Motion by: second by: to:
16
Memo
To: South Zumbro Watershed Joint Power Board
From:Terry Spaeth
Date: 04/05/00
Re: Request for Quit Claim Deed to Willow Creek Golf Course
Staff received a request by William Ryan on behalf of Willow Creek Golf Course to
convey 2 small strips of property from the City to Willow Creek Golf Course in order
to clear up a title problem that currently exists. (See attached letter from William
Rya n ).
The City Attorney and other staff do not know of any reason this quit claim deed
cannot or should not be given.
Staff recommends this item be forwarded to the City Council for action to approve
execution of said quit claim deed.
• Page 1
RONALD L. SEEGER
MILTON A. ROSENBLAD
PAUL A. FIINSETH
DA.NIEL E. BERNDT
JOHN B. ARNOLD
PETER C. SANDBERG
TINA L MOHR
JEFFREY A. HANSON
KENNETH R. MOEN
W1i.I LAM J. RYAN
PALL W. BUCHER
DOUGLAS A. BOESE
THOMAS W. JACOBSON
February 1, 2000
LAW OFFICES
DUNLAP & SEEGER, P.A.
206 SOUTH BROADWAY,, SUITE 505
MARQUETTE BANK BUILDING
PO BOX 549
ROCHESTER, MINNESOTA 55903.0549
TELEPHONE: (507) 288-9111
FAX' (507) 288.9342
FAX (507) 288-0812
Gary Neumann
Assistant City Administrator
201 Fourth Street SE, Room 266
Rochester, NN 55904
ROBERT R. DUNLAP
(1915-1992)
Re: Willow Creek Golf Course of Rochester, Inc.
Our File No. 90-6562
Dear Garv:
MARY H. DUNLAP
WILLL4-Ni P. VOLKMAR
MARK E. FOSSE
KEN D. SCHUELER
GREGORY J. GRIFFITHS
MICHAEL S. DIE=
ERIC D. LARSON
SHARON C. ZEHE
o1 COW WA
FRANKLIN MICHAEL9
A.M.'SANDY' KEITH
We represent Willow Creek Golf Course of Rochester, Inc. I am writing at the suggestion of
Dave Goslee about a title issue that has arisen that invokes the City. I believe that You are
already, familiar with this particular issue, but some background may be in order.
The issue involves a couple of thin strips of property (one 70 feet wide and the other 100 feet
wide) along the southeast side of Willow Creek Golf Course. The strips were originally deeded
by Sandage Companies to the City and County in 1986 as part of the acquisition of property in
that area for flood control purposes. For some reason, Sandage again deeded the strips to the
City and County in March, 1987, and the City and County deeded the strips back to Sandage in
April, 1987. Sandage then deeded the strips to Valley Golf (our client's predecessor) in 1989. In
1993, Sandage again conveyed the strips to the South Zumbro Watershed Joint Powers Board.
Since Sandage had previously deeded the strips to Valley Golf, however, it had nothing to deed
to the Joint Powers Board. It is this deed that constitutes a cloud on our client's title.
We discovered this issue only recently when Dave Kramer at Public Works objected to a grading
plan for a new 9-hole golf course that our client intends to construct across this property.
I
i
Gary Neumann
Page 2
February 1, 2000
The purpose of this letter is to request that the City provide a Quit Claim Deed covering these
strips to Willow Creek Golf Course of Rochester, Inc. to remove the cloud on its title.
I have discussed this in some detail with Dave Goslee, and he is familiar with all these
circumstances. Please contact Dave or me if you should have any questions or if you need any
additional information.
,I__.� r..�.�
t uank YOU avi your cooperation.
Sincerely,
William J. Ryan
WJR:kas
cc: David M. Goslee
DUNLAP & SEEDER, P.A.
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
DATE: April 5, 2000
TO: Gary Neumann
FROM: David M. Goslee — Deputy City Attorney= t��
SUBJECT: Ryan's Request of February 1, 2000 Re: Willow Creek Reservoir
Thank you for the opportunity to comment on Bill Ryan's request for a quit claim deed for a
portion of the property that the JPB received from Duane Sandage as part of the Willow Creek
Reservoir project. I believe that the City, as the successor to the JPB's ownership of this
property, should grant Ryan's request to finally resolve the cloud on this title.
According to discussions with Public Works and the documents supporting this property
quisition, title problems are evident for the 70 foot wide strip located along the southern
--undary of the SE 1/4 of the SE 1/4 of Section 27 and the 100 foot wide strip located along the
eastern boundary of the NW 1/4 of the NE 1/4 of Section 34. As I understand it, these lands
were not needed for the reservoir construction, but were uneconomic remnants that the JPB
would have paid for even if they weren't acquired. This was the sole reason they were included
in the property acquisition.
Condemnation was threatened prior to March of 1987 and, as a means of resolving the
acquisition, Sandage executed a quitclaim deed to the JPB using a "draft" property description.
The right of way agent's intent was to hold that deed until a legal description could be drafted by
the engineering consultant, and a replacement deed was provided. Inadvertently that "draft"
deed was recorded. To resolve the problem resulting from the inadvertent recording, the right of
way agent proposed that the JPB deed the property back to Sandage and have Sandage
execute a new deed with the preferred legal description. An error in the timing of the execution
and filing of these deeds resulted in the JPB deeding nearly the entire property back to
Sandage.
This last error was discovered in 1993 and this office negotiated a new conveyance from
Sandage. We discovered, however, that in 1989 Sandage had conveyed the strips of land
described above to Valley Golf. Thus, when Sandage quitclaimed these lands to the JPB, it had
no interest to convey and the JPB received nothing thereby. Valley Golfs rights are superior to
se held by the JPB. Valley Golf also modified the golf course layout to use these lands in its
arse design.
6720
It was previously determined that since this property is of no apparent utility to the flood control
project, that it was not worth going to court in order to clear title or seek monetary damages. The
JPB's damages were expected to be less than the costs of litigating the matter. The City's
action in quitclaiming its interest in these strips of land to Valley Golf, the City being the
successor in interest to the JPB, will remove the cloud on the title and is consistent with this prior
determination not to litigate the issue.
Please contact me if you have any questions concerning this memo.
ps',Sandage \neuma.^.n. 2000
f
MINUTES
SOUTH ZUMBRO WATERSHED JOINT POWERS BOARD
WEDNESDAY, APRIL 19, 2000
ROOM 320, CITY HALL
A meeting of the South Zumbro Watershed Joint Powers Board was called to order by
Chairperson Carol Kamper on Wednesday, April 19, 2000, at 4:00 p.m. in Room 320 at
City Hall.
MEMBERS PRESENT: Carol Kamper, Paul Wilson, Jeff Thompson, John Hunziker,
Jean McConnell, Walter Stobaugh
OTHERS PRESENT: Mayor Canfield, Gary Neumann, Terry Spaeth, Denny Stotz,
Dave Goslee, Kelly Evans - City of Rochester; Jim Foote, Mike
Cousino, Gene Mossing - Olmsted County; Rob Romocki -
NRCS; Dave Copeland - OSWD; Mr. And Mrs. O'Neill
Gary Neumann explained that the Board acquired title to a sizeable parcel of land owned
by Sandage Companies for the WR-6A Reservoir. Neumann stated that the deed was
improperly recorded which resulted in the Board not having title to some small strips of
land. He explained that due to this, the title to the small strips of land were reverted to
Sandage and Sandage conveyed it to Valley Golf even though the Board paid for all of the
land including the small strips. Neumann noted that it has been determined that the
strips of land are not needed and since we do not have title to them, it is recommended
that the Board provide a Quit Claim Deed covering these strips of land to Willow Creek
Golf Course.
Chuck Canfield inquired as to why we are not selling these strips to Willow Creek Golf
Course. Neumann explained that the title to these strips is disputed and staff does not
feel that we have legal claim to the land. He noted that Willow Creek Golf Course would
like to have the title cleared on their end and that is why they are requesting that these
strips be quit claim deeded to them.
Jean McConnell moved, Paul Wilson second approval to provide a Quit Claim
Deed of the Board's interest in the 70 foot wide strip located along the
southern boundary of the SE 114 of the SE 114 of Section 27 and the 100 foot
wide strip located along the eastern boundary of the NW 114 of the NE 114 of
Section 34 to Willow Creek Golf Course of Rochester, Inc, This motion is
contingent on the fact that none of the land being quit claimed is in the fenced
area and if the above described land is in the fenced area, it should be quit
claimed back to the Board, Motion approved.
REQUEST FOR COUNCIL ACTION MEETING
DATE: 4/2/01 ��
Consent
SCRIPTION: Advertise for bids to construct a new
departure building.
ORIGINATING DEPT:
Rochester International Airport
Fhe Rochester Airport Commission recommends and requests Council authorization to:
11 CIYI
PREPARED BY:
Steven W. Legve
Advertise for bids to construct a new General Aviation arrival and departure building at the Rochester
International Airport. (J6965)
This project is in the current CIP.
Project Funding: 60% State
40% Local
COUNCIL ACTION REQUESTED:
Resolution authorizing the Mayor and the City Clerk to advetise for bids.
CO IL ACTION: Motion by: second
REQUEST FOR COUNCIL ACTION MEETING
DATE: 4/2/01
GENDA SECTION:
Consent
ORIGINATING DEPT:
Rochester International Airport
ITEM NO.
- 3
D
E SCRIPTION: Advertise for bids to expand lower level passenger gates 3 and 4.
PREPARED BY:
Steven W. Legve
,le Rochester Airport Commission recommends and requests Council authorization to:
Advertise for bids to expand lower level passenger gates 3 and 4 at the Rochester International
Airport. (J6970)
This project is in the current CIP.
Project Funding: 90% Federal
10% Local
'OUNCIL ACTION REQUESTED:
esolution authorizing the Mayor and the City Clerk to advertise for bids.
:O IL ACTION: Motion by: second by: to:
REQUEST FOR COUNCIL ACTION
MEETING %
DATE: 4/2i01 , 7
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
CONSENT AGENDA
CITY CLERK
-
M DESCRIPTION: ON SALE INTOXICATING AND SUNDAY LIQUOR FOR
PREPARED BY:
SAWATDEE THAILAND RESTAURANT
DONNA J SCHOTT
Application for an On Sale and Sunday Intoxicating Liquor License has been received from Dyna Khoeun.
The name of the business is Sawatdee Thailand Restaurant located at 1123 Civic Center Dr NW. They currently
hold an On Sale 3.2% Beer License.
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 been returned satisfactorily.
COUNCIL ACTION REQUESTED
A motion to approve or disapprove the On Sale and Sunday Intoxicating Liquor License for Sawatdee Thailand
Restaurant.
INCIL ACTION: Motion by: Second by: to.
REQUEST FOR COUNCIL ACTION
MEETING
DATE: 4/2/01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
CONSENT AGENDA
CITY CLERK
1 i
I DESCRIPTION: LICENSES, BONDS & MISCELLANEOUS ACTIVITIES
PREPARED IS
DONNAISCHOTT
The following licenses. bonds and miscellaneous activities are submitted for the Council's approvals or
disapprovals. All are pending departmental approvals, the required insurance, bonds, fees and all outstanding
debts with the City of Rochester.
GAMBLING — TEMPORARY
Trout Unlimited — Hiawatha Chapter
355 Forrest Ln N
Elgin, Mn 55932
Raffle 4/28/01 AT
Radisson Centerplace Hotel
150 S Bdwy
Rochester Mn 55904
Please Waive 20 Day Waiting Period
Church of St Pius X
1315 120i Ave NW
Rochester Mn 55901
Raffle 5/18/01 AT
St Pius X School
1205 12`h Ave NW
Rochester Mn 55901
HEATING CONTRACTOR
Service Pros Plumbing & Heating
3800 10th Ave SW
Rochester Mn 55902
MASTER INSTALLER
Mark L Nelson
3800 10d' Ave SW
Rochester. Mn. 55902
C ICIL ACTION: Motion by: Second by: to:
30 LICENSES, BONDS AND MISCELLANEOUS
PAGE 2
APRIL 2, 2001
MASTER PLUMBER
Service Pros Plumbing_ & Heating
3800 10 h Ave SW
Rochester Mn 55902
SOUND AMPLIFICATION
The Salvation Army
Open Air Meeting
Peace Plaza 5/23/01 11:00 am to 11:30 AM
MISCELLANEOUS
Pax Christi Peace Group
Walking Stations of the Cross 4/13/01
Rochester Downtowm Area Beginning at Government Center
American Diabetes Association
715 Florida Ave S
Golden Valley, Mn 55426
Tour de Cure Bicycle Ride 6/2/01
The Salvation Army
Open Air Meeting
Peace Plaza 5/23/01 11:00 am to 11:30 AM
COUNCIL ACTION REQUESTED
A motion to approve or disapprove the above licenses, bonds and miscellaneous city activities.
REQUEST FOR COUNCIL ACTION
MEETING 3
DATE: 4/2/01
AGENDA SECTION:
Consent Agenda
ORIGINATING DEPT:
Finance Department
ITEM NO.
D ,
M DESCRIPTION:
Approval of Accounts Payable
PREPARED BY:
Dale Martinson
Respectfully request a motion to approve payment of Accounts Payable
(submitted separately) in the amount of $3,787,623.44.
Less: Any exceptions
NCIL ACTION: Motion by: second by: to:
REQUEST FOR COUNCIL ACTION
MEETING 3� /
DATE: 4/2/01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
Consent Agenda
Finance Department
L )
I DESCRIPTION: Acceptance of 2001 Seasonal Supply for Bituminous Materials
PREPARED BY:
Jennifer King
The Rochester Public Works Department has received bids for the 2001 SEASON SUPPLY OF
BITUMINOUS MATERIALS that were sent to the following: Shamrock Enterprises, and Rochester
Sand & Gravel. The Department reviewed these bids and recommends that Rochester Sand & Gravel
be awarded the bid:
ITEM 1 2350 Bituminous Mixture LVWE 45030 Wear FOB Plant loaded in City Trucks $19.50/ton
Est. Qty 6000 tons, Accept bid offered by Rochester Sand & Gravel.
ITEM 2 2350 Bituminous Mixture LVWE 35030 Delivered, laid and rolled into place. $22.47/ton
Est. Qty 15,000 tons, Accept bid offered by Rochester Sand & Gravel.
ITEM 3 2350 Bituminous Mixture MV WE35035 Delivered, laid and rolled into place. $22.47/ton
Est. Qty 15,000 tons, Accept bid offered by Rochester Sand & Gravel.
ITEM 4 Drive over Curb and Gutter, Remove and Replace, Est. Qty 1500 LF $25.00/LF
Accept bid offered by Rochester Sand & Gravel.
ITEM 5 136-18 Curb and Gutter, Remove and Replace, Est. Qty 200 LF $25.00/LF
Accept bid offered by Rochester Sand & Gravel.
ITEM 6 136-24 Curb and Gutter, Remove and Replace, Est. Qty 1500 LF $25.00/LF
Accept bid offered by Rochester Sand & Gravel.
ITEM 7 Sod, furnish and install 3878 Type C, Salt Resistant, Est. Qty 500 SY $5.00/SY
Accept bid offered by Rochester Sand & Gravel.
ITEM 8 Haul Mixture to Points in City, 100 Ton estimated x 3.2 mile to plant x 0.45 Bid $144.00/ton
Accept bid offered by Rochester Sand &Gravel.
COUNCIL ACTION REQUESTED:
Adopt a resolution authorizing the acceptance of bids for the 2001 SEASON SUPPLY OF
BITUMINOUS MATERIALS from Rochester Sand & Gravel and authorizing the Mayor & City Clerk
to sign a contract with Rochester Sand & Gravel for the above named supplies and services.
INC IL ACTION: Motion by: second by to:
REQUEST FOR COUNCIL ACTION
MEETING �,3
DATE: 4/2/01
AGENDA SECTION:
Consent Agenda
ORIGINATING DEPT:
Finance Department
ITEM NO.
-D — 9
A DESCRIPTION: Acceptance of 2001 Seasonal Supply for Asphalt Materials
PREPARED BY:
Jennifer King
The Rochester Public Works Department has received bids for the 2001 SEASON SUPPLY OF
ASPHALT MATERIALS from Koch Materials Company and Marathon Ashland Petroleum LLC.
Attached are the bid prices submitted by each firm.
Item No. Descrintion Koch Materials Marathon Ashland
1. Rapid Cure Cutback Asphalt $1.0506 No Bid
RC-800 an estimated 12,000 gals
2. Cationic Asphalt Emulsion .7506 .7600
CRS-2P an estimated 37,500 gals,
price per gallon.
3. Cationic Asphalt Polymer Modified .9506 No Bid
Emulsion CRS-2P an estimated 37,500
gallons, price per gallon.
The Public Works Department has reviewed these bids and recommends the following:
Accept Bids offered by Koch Materials Company.
COUNCIL ACTION REQUESTED:
Adopt a resolution authorizing the acceptance of bids for the 2001 SEASONAL SUPPLY of Asphalt
Materials from Koch Materials Company and authorizing the Mayor & City Clerk to sign a contract
with Koch Materials Company for the above named supplies and services.
REQUEST FOR COUNCIL ACTION
MEETING // ?
DATE: 4/2/01
AGENDA SECTION:
Consent Agenda
ORIGINATING DEPT:
Finance Department
ITEM NO.
d DESCRIPTION: Acceptance of 2001 Seasonal Supply for Ready -Mixed Concrete
PREPARED BY:
Jennifer King
The Rochester Public Works Department has received bids for the 2001 SEASON SUPPLY OF
READY -MIXED CONCRETE from Rochester Ready Mix and Leitzen Concrete. Attached are the bid
prices submitted by each firm for the bid items. The bid from Leitzen Concrete bid did not include a Bid
Bond.
The Public Works Department has reviewed these bids and recommends the following:
Accept Bids offered by Rochester Ready Mix.
Item No. Description Est. Ouantities Unit Unit Cost
1. Concrete Mix 350 CY $79.50
No. 3A32
2. High Early Concrete 50 CY $88.00
Mix No. 3A32
(with 30% additional cement)
3. Exposed Aggregate Concrete 25 CY $83.50
Mix No. 3A36C
The Street Maintenance Division will use these concrete materials for the replacement of pedestrian
ramps, sidewalks, and curb and gutter repair.
COUNCIL ACTION REQUESTED:
Adopt a resolution authorizing the acceptance of bids for the 2001 SEASON SUPPLY OF READY -
MIXED CONCRETE from Rochester Ready Mix and authorizing the Mayor & City Clerk to sign a
contract with Rochester Ready Mix for the above named supplies and services.
REQUEST FOR COUNCIL ACTION MEETING 3�
DATE: 4/2/01
AGENDA SECTION:
Consent Agenda
ORIGINATING DEPT:
Finance Department
ITEM NO.
I J — !
iA DESCRIPTION: Acceptance of 2001 Seasonal Supply of Aggregate Materials
PREPARED BY:
Jennifer King
The Rochester Public Works Department has received only one bid proposal for the 2001 SEASON
SUPPLY OF AGGREGATE MATERIALS. Bids were sent to Shamrock Enterprises, Builders Sand
& Gravel, Milestone Materials, Paulson Rock Products and Wabasha Sand & Gravel, with Milestone
Materials of Onalaska, WI. being the only bidder to return a bid proposal.
Item 1A Washed Sand — Est. Qty 4000 Tons
@ $5.48/ton
FOB Pit — Loaded into City Trucks
113 Delivered to points in the City
@ $8.13/ton
Item 2A Pit Run Gravel - Est. Qty 500 Tons
@ $4.05/ton
FOB Pit - Loaded into City Trucks
2B Delivered to points in the City
@ $6.70/ton
Item 3A '/," Crushed Rock Base— Est. 2500 Tons
@ $4.51/ton
FOB Quarry — Loaded into City Trucks
3B Delivered to points in the City
@ $7.16/ton
Item 4A 6" Oversize Rock — Est. Qty 600 Tons
@ $4.25/ton
FOB Quarry — Loaded into City Trucks
413 Delivered to points in the City
@ $6.90/ton
Item 5A "Pea Gravel' for Aggregate Street Sealing - Est. Qty 1700 Tons
FOB Quarry — loaded into City Truck
@ $11.63/ton
513 Hauled & Delivered to: 400 W River Parkway, Rochester
@ $14.33/ton
COUNCIL ACTION REOUESTED:
Adopt a resolution authorizing the acceptance of bids for the 2001 SEASON SUPPLY OF
AGGREGATE MATERIALS from Milestone Materials, Div of Mathy Construction Co., Onalaska, WI
and authorizing the Mayor and City Clerk to sign a contract with Milestone Materials for these supplies
and services.
REQUEST FOR COUNCIL ACTION MEETING L�
DATE: 4/2/01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
Consent Agenda
Police
IJ — ( l
DESCRIPTION: Stop Violence Against Women Act (VAWA) Fund Grant
PREPARED BY:
Roger Peterson
The Police Department has been participating in the Minnesota Model Protocol Project since November 1997. The purpose of
this project is to establish a protocol process for the investigation and prosecution of sexual assault cases in the State of
Minnesota. As a part of that project, the Olmsted County/Rochester Community Sexual Assault Interagency Council (SAIC)
was formed.
In May 1998, April 1999 and April 2000, the Council approved the acceptance of VAWA (Violence Against Women Act) grants
to fund a SAIC coordinator position. These grants also funded administrative costs related to this project, including the
evaluation of the protocol development process.
The Police Department contracted with the Wilder Research Center of St. Paul, Minnesota, to evaluate the first two phases of
the protocol development process. The Wilder Research Center has provided an Independent Contractor Agreement
(evaluation contract) detailing the services it will provide to the SAIC during the next phase (2000 - 2001) of the project. The
proposed cost of these services, $3,550, will be covered by the VAWA grant. The City Attorney's Office has reviewed and
approved the evaluation contract provided by Wilder Research Center.
COUNCIL ACTION REQUESTED: The Police Department requests that the Council authorize the Mayor and City Clerk to
sign the Independent Contractor Agreement with the Wilder Research Center.
NCIL ACTION: Motion by: second by: to:
REQUEST FOR COUNCIL ACTION
MEETING J
DATE: 4/2/01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
Consent Agenda
Police
C) , I
A DESCRIPTION: Donation for Police Officer Trading Cards
PREPARED BY:
Roger Peterson
The officers of the Rochester Police Department have in previous years particiapted in an officer tradining card
program. The Wells Fargo Bank Minnesota would like to donate $3,030.00 to pay for the expense of having the
cards printed for the year 2001.
COUNCIL ACTION REQUESTED:
Approve acceptance of $3,030.00 from Wells Fargo Bank Minnesota to pay for printing of Rochester Police
Department officer trading cards. Appropriate funds to 4110-11130.
1NCIL ACTION: Motion by: second by: to:
REQUEST FOR COUNCIL ACTION MEETING I5
DATE: 4/2/01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
Consent Agenda
Police
�) — i
A DESCRIPTION: HONOR GUARD DONATION
PREPARED BY:
Roger Peterson
The Rochester Olmsted County Safety Council has donated S 1000 to the Rochester Police Department Honor
Guard for assistance in paying for training.
COUNCIL ACTION REQUESTED:
Approval for the Rochester Police Department Honor Guard to accept a $1,000 donation from the Rochester
Olmsted County Safety Council for training expenses.
Appropriate to 4110-12140.
INCIL ACTION: Motion by: second by: to:
REQUEST FOR COUNCIL ACTION
MEETING 7
DATE: 4/2/01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
Consent Agenda
Police
D . `�
M DESCRIPTION: COPS MORE 2001 GRANT APPLICATION
PREPARED BY:
Roger Peterson
The U.S. Department of Justice has made funds available under the COPS MORE 2001 Grant. The funding is
intended to improve police -citizen cooperation and communication, to facilitate the restructuring of agencies to
allow for the fullest use of department and community resources, promote the effective flow and use of
information from both within and outside of an agency, and improve law enforcement responsiveness to
members of the community.
The COPS MORE 2001 Grant is a technology/equipment based grant. The Department requests permission to
apply for COPS MORE 2001 grant funds to finance the development and implementation of a document
imaging system to enhance our records management system. Document imaging means taking our paper -based
documents and converting them into computer -based documents. The images can be shared by several users
simultaneously, can be integrated with other systems and can be indexed for easy retrieval. Imaging would help
eliminate some of the costly burdensome tasks and keep the officers focused on the task of public safety.
The COPS MORE 2001 grant requires a cash match of at least 25% of the total project cost. The cost to
develop and implement a document imaging system would not exceed $500,000. Cost to the City would not
exceed $125,000.
/ 1 y q / L
J6 2 A: l> ,N�-e�i-r. -r� �"�T- - a� ,�C'?t
7lwtcva�
Xs / 2So-3oc"fi e Ee �J �. ut.� ,�.i u '—
COUNCIL ACTION REQUESTED:
The Police Department requests permission to apply for funding through the COPS MORE 2001 Grant
Program. Approved grant requires a resolution authorizing execution of agreement.
INCIL ACTION: Motion by: second by: to:
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
Rochester Public Utilities
ITEM DESCRIPTION:
Consideration of Public Utility Board Action
Z4
Meeting
Date 4/2/01
ORIGINATING DEPT: I ITEM NU'-_„ t5
Reports & Recommendations I 1
PREPARED BY:
Kathv Wilson
The Rochester Public Utility Board has approved the following on March 27, 2001 and requests the
Common Council's favorable consideration:
to approve a resolution to approve a contract agreement with Novaspec, Inc., and
that the Common Council authorize the Mayor and the City Clerk to execute the
agreement for furnishing and installing boiler controls at the Silver Lake Plant. The
amount of the contract agreement to be $2,965,103.00 plus a contingency of 5%
($148, 255.00) for a total approved amount of $3,113,358.00 and Novaspec, Inc.
being lowest responsible bidder.
to approve a resolution to approve payment of an invoice from the Minnesota
Pollution Control Agency for the 2001 Emission Fee — Silver Lake Plant. The
amount of the payment to be $73,299.40.
S'y,2a�
GENERAL MANAGER:
3/AS/G'(
^')UNCIL ACTION: Motion by: Second by: to:
E)U
FOR BOARD ACTION
Agenda Item # 3. a. Meeting Date: 3/27/01
SUBJECT:
SLP Boiler Controls 2001
PREPARED BY:
Wally Schlink, Manager of Power Production
ITEM DESCRIPTION:
The four (4) generating units at Silver Lake Power Plant were put into commercial operation
between August 1949 and December 1969. The original boiler controls and flame supervisory
systems contain technology that was standard for that era and complied with the code requirements
that were in effect at that time. In the 32 years since the last unit went into service, there have been
major revisions in the codes that define safe and efficient controls for high-pressure steam generating
units. In addition, the development of technology now allows monitoring and safety systems that
couldn't have been imagined 32 years ago.
Due to the age and technology of the existing control systems, they no longer provide a satisfactory
or acceptable level of safety, efficiency, reliability or maintainability for proper operation of the units
located at Silver Lake.
The existing boiler control systems have been recommended for replacement by our machinery
insurer, Hartford Steam Boiler, engineering consultants Bums & McDonnell and by UPA in an
operating review report. Our insurance rate for 2001, recently approved by the Board, was negatively
impacted by a boiler excursion on Unit 3 in 2000 that had the potential to be catastrophic in nature.
This excursion is one of many incidents that have the potential for serious consequences. These
incidents would be prevented by upgraded boiler controls.
There are also improvements in reliability and efficiency anticipated, albeit these are secondary
benefits and not primary justification for the project.
Staff has been investigating upgrades to the boiler control systems and has been committed to
upgrading to a system that provides the safety and operational features that will take full advantage
of modem technology. The primary goal of the project is to replace the aging pneumatic and relay -
based controls with highly reliable, state of the art, integrated control solution.
The scope of the project includes removal of all existing controls, installation of modem digital
computer based Flame Safety Supervisory Systems (FSSS) and Combustion Control Systems (CCS)
which provides combustion supervisory and controls all aspects of combustion and ancillary
operations occurring on the units. The. project also includes revising the boiler burners to meet
National Fire Protection Agency and insurance requirements for safe operation.
x�4 3 1A, O
Ge Manager Date
5.1 -
FOR BOARD ACTION
Agenda Item# 3.a. Meeting Date: 3/27/01
A specification was developed along with a detailed instrument database. A drawing package was
assembled and the complete package was distributed to i l potential bidders. A pre -bid meeting was
held at the Silver Lake Power Plant on March 1, 2001, All bidders had the opportunity to review the
bid package, tour the site and ask questions or request clarifications concerning the project. Eleven
(11) potential bidders attended the pre -bid meeting.
The project was broken down into four (4) sub -projects for bidding purposes, a combined bid that
included all four of the sub -projects and then five (5) options to the bid package. Bids were opened
on March 14, 2001 and we received only one bid for the project. We anticipated a minimum
response to the bid due to the extremely complex nature of the project, the aggressive schedule and
the current high level of demand for the electrical and mechanical subcontractors required for the
project. For this reason, we retained Sebesta Blomberg & Associates to review the specification to
assure that it was a fair and impartial document, that the schedule was reasonable and to allow the
maximum participation in the bid process. After the pre -bid meeting we extended site accessibility
to allow all potential bidders and their sub -contractors virtually unlimited access to the SLP site.
Copies of the bid package were sent to our owner's representative, Sebesta Blomberg & Associates
Inc., for evaluation and recommendation to award. A bid matrix and the results of the bid evaluation
are attached and staff concurs with the results. The bid received was within 5% of the project budget
amount.
Staff will make a presentation on the project.
UTILITY BOARD ACTION REOUESTED:
Staff recommends that the Utility Board approve a resolution requesting the Common Council to
approve a contract with Novaspec Inc. for the turnkey project consisting of furnishing and installing
boiler controls as defined in the specification and bid documents. Staff further recommends that the
resolution include a 5% contingency to handle unanticipated changes required to complete a fully
functional system. The cost of the contract is $2,965,103.00; the 5% contingency totals $148,255.00
for a total approved amount of $3,113,358.00
General Manager Date
5�
rp!; _
.r psjt. me Sel.irr
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 contract agreement with Novaspec,
Inc., and that the Common Council authorize the Mayor and the City Clerk to execute the
agreement for
Furnishing and Installing Boiler Controls
Silver Lake Plant
The amount of the contract agreement to be $2,965,103.00 plus a contingency of 5% ($148,255.00)
for a total approved amount of THREE MILLION ONE HUNDRED THIRTEEN THOUSAND,
THREE HUNDRED FIFTY-EIGHT AND 00/100 DOLLARS ($3,113,358.00) and Novaspec, Inc.
being lowest responsible bidder.
Passed by the Public Utility Board of the City of Rochester, Minnesota, this 27`s day of March,
2001.
P sident
Secretary
53
rpu
we
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 payment of an invoice from the
Minnesota Pollution Control Agency for
2001 EMISSION FEE — SILVER LAKE PLANT
The amount of the payment to be SEVENTY-THREE THOUSAND TWO HUNDRED NINTY-
NINE AND 40/100 DOLLARS (S73,299.40).
Passed by the Public Utility Board of the City of Rochester, Minnesota, this 27th day of March,
2001.
P sident
Secretary
REQUEST FOR COUNCIL ACTION
MEETING
S ✓ 1�
DATE:
4/2/01
AGENDA SFCTION:
ORIGINATING DFPT:
ITEM NO. /
CONSENT AGENDA
Public Works
�fJ
M DESCRIPTION: Owner Contract — Watermain & Hydrant to Serve Extended Stay
PREPARED BY:
America (Lot 6, Block 1, Wood Lake Park J9775)
M. Baker
Staff would offer the following Owner Contract project for consideration by the Council:
ESA Minnesota, Inc. (Owner) & Bob Braaten Construction Co. (Contractor) are requesting a City /
Owner Contract J9775 consisting of "Watermain & Hydrant to Serve Extended Stay America (Lot 6,
Block 1, Wood Lake Park)"
6 mded Stay anenu
W, 91, Wood Lake Pak Wood Lake Dr SE
I.— J9775
COUNCIL ACTION REQUESTED:
Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9775
"Watermain & Hydrant to Serve Extended Stay America (Lot 6, Block 1, Wood Lake Park)".
NCIL ACTION: Motion by: second by: to:
REQUEST FOR COUNCIL ACTION MEETING
DATE:
4/2/01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO. ^�
t
CONSENT AGENDA
Public Works
1✓ `
I DESCRIPTION: Owner Contract — Basic Construction in South Park Sixth
PREPARED BY:
Subdivision (J9774)
M. Baker
Staff would offer the following Owner Contract project for consideration by the Council:
Ratzloff — Bigelow Development (Owner) & Elcor Construction (Contractor) are requesting a City /
Owner Contract J9774 consisting of "Basic Construction in South Park Sixth Subdivision"
/ South Pa — ---------
Owner Contract J9774
FP#00-40
Pinewood Ra
h
COUNCIL ACTION REQUESTED:
Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9774
"Basic Construction in South Park Sixth Subdivision"
NCIL ACTION: motion by: second by: to:
REQUEST FOR COUNCIL ACTION MEETING Y /
DATE: 4/2/01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO
_r
CONSENT AGENDA
Public Works
��7XV
V
t
:M DESCRIPTION: Pedestrian Facility Agreement — Dale G. Ragan Property (NorlighPARED
PRE BY: P2^
Telecommunications, Inc. - Lessee)
M. Baker r� ]
Staff would offer the following Pedestrian Facility Agreement for consideration by the Council:
• Dale G. Ragan is the Owner, and Norlight Telecommunications, Inc., is the Lessee of part of Lot 4,
Block 2, Eastgate Commercial Park First Subdivision. The Owner & Lessee have requested that a
Pedestrian Facilities Agreement be approved to address the Owner & Lessee's obligations for
providing a ten (10) foot wide bituminous pedestrian path along the entire frontage of the Property
abutting Eastwood Rd SE.
ficI11Qt
cn
W
Eastwood Rd SE
COUNCIL ACTION REQUESTED:
Adopt a Resolution authorizing the Mayor and City Clerk to execute a Pedestrian Facilities Agreement
with Dale G. Ragan (Owner) & Norlight Telecommunications, Inc. (Lessee) for part of Lot 4, Block 2,
Eastgate Commercial Park First Subdivision.
NCIL ACTION: Motion by: Second by to:
REQUEST FOR COUNCIL ACTION MEETING 61
DATE: 4/2/01
AGFNDA SECTION:
ORIGINATING DEPT:
ITEM NO.
-51
CONSENT AGENDA
Public Works
`9
0 DESCRIPTION: STORMWATER MANAGEMENT AGREEMENT
PREPARED BY:
M. Baker r''�
The Department of Public Works has received a request on one (1) property, to voluntarily
participate in the City's Regional Stormwater Management Plan. This department has
reviewed the information for this property and has determined that there is support for
participation. The Owner of the following property has requested voluntary participation in the
City's Plan, with the applicable participation fee as follows:
• Mayo Foundation (SDP#00-94)
(p/o 800 & 900 Blocks, 2nd St SW parking lot) $ 3,546.05
The Owner of this property has already provided payment for its respective charges. These
funds will be deposited upon acceptance by the Council for the property to participate in the
City's Plan.
COUNCIL ACTION REQUESTED:
Adopt a Resolution accepting voluntary participation by the above noted property, in the City's
Regional Stormwater Management Plan.
NCIL ACTION: Motion by second by: to:
REQUEST FOR COUNCIL ACTION MEETING
DATE:
CO�
4/2/01
AGENDA SECTION-
CONSENT AGENDA
ORIGINATING ❑EPT-
Public Works
=M DESCRIPTION: Development Agreement — Nova Inc. — 37' Street NW
ITEM NO O
-a
PREPARED BY: Pyu
M. Nigbur
The Developers of a portion of the Shopko Property, located East of HWY 63 and North of 371h Street
NE, and City Staff have had discussions relating to impacts of the project on the surrounding
infrastructure. Based on the discussions, the content for a development agreement has been decided
and a document has been created. The major items covered in the agreement include the following:
• Pedestrian facilities within and abutting the development.
• Dedication of right of way for interior streets.
• Traffic Impact Report preparation
• Off -site real estate acquisition for roadway extensions.
• Payment of development/connection related charges including SAC, WAC, Storm
Water Management, and Area Street Improvements.
Staff recommends the Council approve the Development Agreement. The developer has executed the
agreement.
�k
A
,it
COUNCIL ACTION REQUESTED:
Authorize the Mayor and City Clerk to execute the Development Agreement for Nova Inc. in the Shopko
North area.
NCILACTION: Motion by: second by: to:
i
REQUEST FOR COUNCIL ACTION MEETING ��
DATE: 412/01
AGFNDA SFCTION:
CONSENT
ORIGINATING DFPT'
Public Works
ITFM NO� I
A DESCRIPTION: Feasibility Report for: Cascade Street NW from 9th Avenue NW to
PREPARED BY:
18th Avenue NW (J-9612)
D. Nelson C✓
This is a Feasibility Report for the following local improvement project:
Project Number
M009, (J9612)
Project Name
Concrete Curb and Gutter in Cascade Street NW from 9th Avenue NW to 18th Avenue NW
Project Background
The existing street was constructed with bituminous curbing in phases from 1954 to 1958. Cascade
Street has very little aggregate base and poor sub -base soils, making a rehabilitation effort not the
preferred course of action. Rather a reconstruction of the entire street is needed to adequately construct
the base and sub -base sections, provide proper drainage, and maintain existing sidewalk and boulevard
grades. A reconstruction of Cascade Street would involve the following costs:
Estimated Project Costs
Grading & Paving, Curb & Gutter $470,000
Storm Sewer Repairs/Upgrades $125,000
Engineering, Interest, Contingencies $119,000
Total $714,000
Project Cost Distribution
Special Assessments — Frontage ...............$ 85,792.95
Special Assessments — Sidewalk ...............$ 1,894.58
City Funds .................................................. $ 626,312A7
Total............... ...................... ................. ...... $ 714,000.00
Recommendation
We report the project is not feasible as a concrete curb and gutter and overlay project. It is feasible to
reconstruct Cascade Street, but we do not recommend its construction at this time due to the cost of the
project and the proposed assessments. We do recommend a maintenance effort of surface milling and
a bituminous overlay in 2001. This would be at no cost to the abutting property owners. The overlay
should last 7 to 10 years at which time a complete street reconstruction project would be needed.
COUNCIL ACTION REQUESTED:
Adopt a resolution receiving the Feasibility Report.
Attach: Map, Feasibility Report,
NCIL ACTION: motion by: Second by: to:
f✓ /)
�K J p az.i'^-i
J q
REPORT ON THE FEASIBILITY OF A PROPOSED
LOCAL IMPROVEMENT PROJECT FOR:
PROJECT NO. M0009 J 9 6 1 2
CASCADE STREET NW FROM 9TH AVENUE NW TO
18 T H AVENUE NW
March 28, 2001
Honorable Mayor & Common Council
City of Rochester, Minnesota
A resolution proposing certain request for the following project:
Concrete Curb & Gutter and Overlay in Cascade Street NW from 9th Avenue NW to I Sth
Avenue NW, was referred to the Public Works Department for preparation of the
Engineers Feasibility Report.
Feasibilitv Report
We report the project is not feasible as requested: Construct concrete curb and gutter and
provide an overlay to Cascade Street from 91h Ave NW to 181h Ave NW. The existing
street section is not capable of being modified to allow for the placement of concrete curb
and gutter without a major reconstruction of the street.
Built in phases from 1954 to 1958, Cascade Street has very little aggregate base material.
In some areas the aggregate base is less than 3 inches, compared with a normal
requirement of 8 to 10 inches. Additionally, the sub -base soils; underneath the aggregate
base, are very poor and should be removed and replaced. Cascade Street has received
numerous overlays through the years, such that several blocks have 7 to 9 inches of
bituminous. It has been these overlays that have carried the street loadings.
It is not possible to lower the elevation of the existing street centerline and provide
adequate street drainage to a new concrete curb and gutter facility, while maintaining the
existing sidewalk and boulevard cross-section.
According to the City's Comprehensive Pavement Management Strategy (CPMS) the
most cost-effective strategy for this street, which has a Pavement Condition Index (PCI)
rating of 28, is reconstruction.
Another option would be to provide an edge mill and a 1 ''/2" bituminous overlay until a
reconstruction is possible. An overlay should provide 7 to 10 years additional street life
before a reconstruction is necessary.
Therefore. we do not recommend the construction of new concrete curb and gutter and an
overlay.
We do recommend that in 2001 we edge mill and provide a bituminous overlay to the
street. This would be at no cost to the abutting property owners.
- 2 - 5L t act 1 28, 2001
If Cascade Street was Reconstructed the following would be the project costs:
Project
Cost
Construction:
Gradna & Patin Curb & Gutter
$465000.00
Sidewalk Replacement
$5000.00
Storm Sewer Re airs/U rades
$125000.00
Walermain Replacement
$0,00
Waterman Sertice Replacement
sanitary Sewer
$0.00
Sub Total
S595 0o0.00
En 'neenn . Interest, Contin encies 20%
$119000.00
TOTAL 1
3714.000.00
Assessment Distribution:
This project was initiated and slightly less than half supported at the October 13, 1999 public
meeting. A second meeting was held on October 24, 2000 with enough neighborhood support to
request council action for the project. The property owners were presented with the curb and
gutter assessment rates for the year 2000 at both meetings as that was the "desired" course of
action. Therefore the cost of street rehabilitation, as established by City Council Policy, for the
year 2000 is shown below even though the construction cost numbers reflect a Reconstruction
effort:
Residential Zones.............$15.00 per assessable foot
Commercial Zones ...........$22.50 per assessable foot
Residential corner lot assessments are based on the length of the short side of the lot plus any
length greater than 120 feet on the long side if the long side is reconstructed.
Year
Total
Curb Gutter Overlay Rates
2000
feet
I Cost
Residential Zones
$15.00
5,719,53
$85,792.95
Commercial Zones
$22.50
$85,792.95
Subtotal
Replacement sidewalk is assessed by the square foot of sidewalk replaced and is assessed
directly to the abutting property owner at the following rates:
4" Sidewalk (residential) ........................ ......................... $5.00 per square foot
5" Sidewalk (commercial)...............................................$5.75 per square foot
6" Sidewalk (at residential drive approaches).................$6.50 per square foot
7" Sidewalk (at commercial drive approaches)...............$7.00 per square foot
6" Cone. Drive Approach (residential) ............................ $30.00 per square yard
Residential corner lot sidewalk assessments are based on the replacement length of the short side
of the lot plus half the quantity on long side if the long side is replaced.
Sidewalks
2000
s . k
sq. ft
Total
Coat
4" Sidewalk (residential)
$5.00
93115
$4,655.75
5' Sidewalk (commercial)
6` Sidewalk (at residential drive approaches
$5.75
$6.50
28.25
_ $183.63
7" Sidewalk (at commercial drive approaches
_ _-
Subtotal -
_ $7.00 -
— _
--
$4,839.38
credit for long side & warantee _ _
- -
_
($2,944.80j
Subtotal
$1,894.58
�y
—3—
Project Distribution:
Distribution:
Special Assessments - Frontage
_
$85 792.95
Special Assessments - Sidewalk
$1,894.58
Special Assessments - Service Replace
Water Utility Funds
$0.00
Sanita Sewer UtilityFunds
$0.00
City
i Street Share
$626,312.48
TOTAL
$714,000.00
Submitted for your consideration:
Russell Kelm, PE
Design Engineer
G�b�fiat
Douglas Nelson, PE
Engineering Manager
b1:\RCi 128, 2001
4— ALtut. 128, 2001
CONCRETE CURB &; GUTTER AND OVERLAY IN
CASCADE STREET NW FROM 9TH AVENUE NW TO 18TH AVENUE NW
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REQUEST FOR COUNCIL ACTION MEETING
DATE:
4/02/01
AGENDA SECTION: ORIGINATING DEPT: ITEM NO. ; —
CONSENT AGENDA Public Works ll \J
M DESCRIPTION: Feasibility Report for Sewer & Water Trunk Mains to Serve PREPARED BY:
Vacant land in Portions of Sections 25, 26, 35 & 36, Rochester �A Wellner
This feasibility report is for the construction of trunk water main and trunk sanitary sewer to serve
vacant land in portions of Sections 25, 26, 35 and 36 of Rochester Township. The petition was
received by the Council on March 19, 2001 and referred to Public Works. The attached report was
prepared for the City Council on the feasibility of the requested trunk sanitary sewer and trunk water
main.
The estimated costs of the project, J-9799 are as follows:
Sanitary Sewer $620,360
Water Main $264,290
Total Project Cost $884,650
This project is not in the City s 2001 Capital Improvement Program. The costs will be collected through
special assessments and Sewer Availability Charges plus RPU share as follows:
Future Sewer Availability Charges for Parcels
Not Controlled by the Developer
$177,246.00
Assessed Developer Contribution for Sewer
$443,114.00
Assessed Developer Contribution for Phase 1
Water Main Construction
$146,242.00
RPU Share
$118,048.00
TOTAL
$884,650.00
Staff reports that this project is feasible and should by initiated after.
1. The petitioner petitions for reg4: a annexation of the property served by the project
2. The petitioner enters into a Development Agreement to, among other thing, pay the
contributions set forth in the Feasibility Report;
3. The petitioner prepares and submits a General Development Plan for the property served by
the project.
COUNCIL ACTION REQUESTED:
1. Adopt a resolution accepting the Feasibility Report.
2. Adopt a resolution authorizing the Mayor and Clity Clerk to execute a Professional Services
Agreement with Yaggy Colby Associates for preparation of plans and specifications for the
Project.
INCILACTION: Motion by: second by: to:
REPORT ON THE FEASIBILITY OF A PROPOSED
LOCAL IMPROVEMENT PROJECT FOR WATER
MAIN AND SANITARY SEWER TRUNK MAIN
EXTENSION TO SERVE VACANT LANDS IN
PORTIONS OF SECTIONS 25, 26, 35 & 36 OF
ROCHESTER TOWNSHIP.
March 28, 2001
Honorable Mayor & City Council
City of Rochester, Minnesota
The Public Works Department has received a request to prepare a Feasibility Report to serve the 80-acre
North half of the Northeast Quarter Section 35, Rochester Township, owned by Graham Properties Limited
Partners. In addition to the 80-acre parcel for which this report was requested, the petitioner also has interest
in approximately 200 acres north of the 80-acre parcel and within the study area.
The following represents the Public Works Department's analysis of the constructability, cost and economic
viability of the project.
Feasibility Report
We report that this project is feasible. The sanitary sewer trunk main proposed will serve the 80 acre parcel
requesting service and the 200 acres north of the requested parcel all controlled by the petitioner. A total o-
440 acres of land in Sections 25, 26, 35, and 36 can be served with gravity flow by the project.
Approximately half of the 440 acres to be served by the trunk sewer main are within the existing Rochester
corporate limits. The parcels outside the City are within the City's 25-year Urban Service Area.
Trunk water main to the serve the 440 acres of land served by the proposed sanitary sewer is discussed in the
report. A portion of this trunk water main will be part of the project and the remaining portion will be
constructed concurrent with the development of other property within the 440 acres.
Sewer Service
The 80-acre parcel requesting service can be served by gravity sewer service and this gravity sewer will also
provide the trunk sanitary sewer service to the total 440-acre area. The sanitary sewer trunk sewer will begin
at the existing trunk sewer located on the west side of TH 63 approximately 1,000 feet south of 40' Street
SW. A 15-inch sanitary sewer main will installed in a new 24-inch steel casing pipe under TH 63 near the St.
Bridget Road SE intersection. The 15-inch sanitary sewer will continue southerly following the existing
drainage -way. In line with 45" Street SE, the sanitary sewer will branch easterly and southerly. The easterly
branch will be 10-inch and the southerly branch will be 12-inch. The easterly branch will be routed to St.
Bridget Road SE and serve 35-acres east of St. Bridget Road SE. The southerly branch will continue up the
drainage -way to 48" Street SE and will branch easterly and southerly. The easterly branch will be 10-inch and
will be routed to St. Bridget Road SE and will serve 115 acres east of St. Bridget Road SE. The southerly
branch will continue as 12-inch sewer up the drainage -way to the south line of Section 26, which is the north
line of the 80-acre parcel requesting service. At that location an 8-inch sewer main will be constructed
easterly to St. Bridget Road to serve the parcel east of St. Bridget Road. The routing of the sewer mains wits
J•9799 - 2 - MARCH 28, 2001 �3
be coordinated with the petitioner's development plan to minimize future conflict with development and
maximize the direct benefit of the trunk sewer.
Water Service
Trunk water main to serve the 440 acres described in this report will be constructed in phases. The first phase
is the construction of a 12-inch water main from Southern Woods Subdivision located south of 40" Street SW
and west of TH 63, easterly to TH 63 with a 12-inch water main, then under TH 63 in a 24-inch casing. The
12-inch water main will continue easterly approximately 900 feet and an 8-inch water main will branch
southerly to the parcel requesting service. This water main will be connected to the pressure -reduced Airport
Water Tower System that presently serves Southern Woods and other developments west of the property. The
future phases will construct 12-inch water main southerly from the existing trunk water main at Garden Place
SE. The Garden Place SE water main is part of the Main Level water system supplied by the Willow Heights
ground storage Main Level reservoir. The 12-inch Main Level water main will be routed southerly toward
48" Street SE. During these future phases, the 12-inch Airport System water main constructed in Phase 1 will
be continued northerly. Near 48' Street SE the two 12-inch water mains will be connected at a future booster
station. The construction of these future water main phases may be in one or more construction stages.
However for this report, this future water main construction will be considered as Phase 2. Phase 2 water
main will be constructed by the petitioner concurrent with the development of the parcels through which it is
routed. A booster pump site approximately %. acre in size and nearly square in shape lying north of 48'" Street
SE will need to be provided by the developer.
'his project is not included in the City's 2001-2006 Capital Improvement Program.
J-9799
7q
-3-
MARCH 28, 2001
The estimated costs of the project, sanitary sewer trunk main and Phase I water main, made without
completed plans or survey are as follows:
24" Casing Pipe
500 L.F.
$125,000
15" Sanitary Sewer
2,150 L.F.
$86,000
12" Sanitary Sewer
2,700 L.F.
$94,500
10" Sanitary Sewer
2,800 L.F.
$89,600
8" Sanitary Sewer
1,000 L.F.
$28,000
Manhole
31 Each
$62,000
12" Water Main
2,400 L.F.
$84,000
8" Water Main
600 L.F.
$15,000
Hydrants
1 Each
$1,800
Valves
6 Each
$6,000
Fittings
2,000 lb,
$12,000
Road Restoration
1 L.S.
$5,000
Turf Restoration
10,400 L.F.
$41,600
Dewatering
1 L.S.
$30,000
Engineering and Contingencies
1224 150
Project Cost
$884,650
The proposed project includes the sanitary sewer trunk mains required to serve the 440-acre area plus Phase 1
of the trunk water mains. The cost for the sanitary sewer trunk main work is estimated at $620,360. The cost
for the Phase I water mains is $264,290. The Phase 2 water main plus the booster station will be construct,
as other properties in the area develop and are not included in this report.
The total area served by the proposed sewer trunk main project is approximately 440 acres. Of the total
approximately 280 acres are controlled by the petitioner requesting service and 160 acres are controlled by
others. The total cost for sewer trunk mains is $620,360. In addition, the 1996 Sewer Collection System
Master Plan identified future capacity limitations in the sewer trunk main downstream of this project. The
sewer trunk main upgrade/replacement component (40% _ $661.88/acre) of the standard $1,653.67/acre SAC
should also be charged against the properties served by this project.
The City is unable to determine at this time the amount of frontage that could be required to pay sewer
connection charges. Therefore, the City proposes that the entire sanitary sewer trunk main project cost of
$620,360 be collected by Sewer Availability Charges of $2,215.57 per developable acre, assuming that 280
acres of the 440 acres are developable. The total Sewer Availability Charge, including future downstream
improvements to the existing sewer trunk main and for the properties served by the Sewer trunk main project
would be $2,877,45 per developable acre. The petitioner's share of the project equals 71.4% of the sewer
trunk main project cost. This meets the Council's guideline of 60% funding of the project cost at the time the
project is initiated by the City.
The Phase I water main construction includes a crossing of TH 63 and 2,400 linear feet of 12-inch water
main. Rochester Public Utilities generally pays the costs of major roadway crossing and the oversizing cost of
pipe over 8-inch. Based on this policy, the total cost to RPU is $118,048. During the development of the
parcels through which the Phase 2 water main is needed, the developer will construct the required 12-inch
J-9799 - 4 - MARCH 28, 2001
water main and RPU will pay oversizing costs. The boaster station will be constructed in the future by RPU
on a '/4 acre parcel provided by the developer.
The petitioner should contribute an amount equal to the difference between the Phase I water project cost and
the total of the $118,048 RPU share. Therefore the petitioner's contribution for Phase 1 water main
construction is $264,290-$118,048 or $146,242, which is 55.3% of the project cost.
The estimated costs of the project developed by staff, made without completed plans or survey, are as follows:
Project Cost Summary
Project Budget
Roadway
$0.00
Sanitary Sewer
$620,360.00
Water Main
$264,290.00
Storm Sewer
$0.00
Services
$0.00
Total Construction & Expense
$884,650.00
Revenue Sources
Total Revenue
Future Sewer Availability Charges for Parcels not
Controlled by Petitioner
$177,246.00
Assessed Petitioner Contribution for Sewer
$443,114.00
Assessed Petitioner Contribution for Phase I Water
Aain Construction
$146,242.00
APU Share
$118,048.00
TOTAL
$884,650.00
A Water Availability Charge at the current rate of $1,653.67 per acre will be charged against each developable
acre served by the project. A Sewer Availability Charge of $2,877.45 per acre will be charged against each
developable acre served by the project. No Sewer Service Connection Charges will be charged against
property served by this project.
The petitioner should be required by the City Council to agree to annex to the City all property served by this
proposed project. Additionally, petitioner should be required by the City Council to enter into a Development
Agreement for the property served by this project before the City Council initiates the project. The
Development Agreement should levy the project costs attributable to the petitioner's 280 acres as Special
Assessments for a period of five (5) years or until the property is sold, whichever occurs first. The
Development Agreement should require the petitioner to dedicate all applicable utility easements across
property they control.
Submitted for your consideration:
ohn H. Wellner, PE
Infrastructure Manager
Richard W. Freese, PE
City Engineer
LLOW SEND
WI
1 is
Phase 2 Water Main
Phase 1 Water Main
Service Area
Sw
Limits
LutIVE I Q
/I
REQUEST FOR COUNCIL ACTION
MEETING
77�
DATE:
4/2/01
AGENDA SECTION:
CONSENT AGENDA
ORIGINATING DEPT:
M DESCRIPTION: reasioutty Keport Tor aannary sewi
Serve the Graham Property, J9795
Public Works
ITEM NO.
-)3
to PREPARED BY:
1, %( J. Loehr
This is the Feasibility Report for the construction of a sanitary sewer and watermain project to serve the
Graham property in a project described as follows:
Project No. M1-34, J9795
"Sanitary Sewer and Watermain Extension to Serve the Graham Property in Section 6 of Marion
Township."
The estimated construction costs and expense of this project are as follows:
Construction Cost $ 87,700
Engineering/Interest/Contingencies 26,310
Total Estimated Project Cost $ 114,010
The project is proposed to be funded from future Sewer Availability Charges (SAC) included in future
Developer Agreements and/or City -Owner Contracts, and Rochester Public Utility share for watermain
crossing.
Fred Schmidt submitted a petition to the City for the construction of this project. This petition was
submitted to the City Council for your consideration on April 2, 2001.
COUNCIL ACTION REQUESTED:
Adopt a resolution accepting the Feasibility Report.
Attachments: Feasibility Report
Map
JNCIL ACTION: Motion by: Second by:
REPORT ON THE FEASIBILITY OF PROPOSED
LOCAL IMPROVEMENT PROJECT
SANITARY SEWER AND WATERMAIN EXTENSION
TO SERVE THE GRAHAM PROPERTY IN
SECTION 6 OF MARION TOWNSHIP
March 27, 2001
Honorable Mayor & Common Council
City of Rochester, Minnesota
A petition for a sanitary sewer and watermain extension project to serve the Graham property located in
section 6 of Marion Township will be presented to the City Council on April 2, 2001 for their
consideration. The extension of sanitary sewer and watermain to the Graham property, that is located
north of Eastwood Road SE and south of TH 14 East, will allow the property to develop with public
sanitary sewer and watermain. The Graham property is located outside the City of Rochester corporate
limits, but abuts the City limits and is located within the City of Rochester Urban Service Area.
The petitioner for the project, Fred Schmidt, indicates that he will petition for annexation of a portion of
the Graham property to the City of Rochester in the near future. In addition the petitioner plans to
commence development of the property in 2001.
Feasibility Report
We report that the above referenced project is feasible and recommend its construction. The extension of
public sanitary sewer and watermain to the Graham property will be located within existing City of
Rochester and/or State of Minnesota right of ways. Easement acquisition is not required for the
construction of this project.
The proposed project consists of constructing an 8" sanitary sewer and 8" main level watermain at the
following location:
1. 8" sanitary sewer is located on the north side of TH 14 East right of way at 21 st Avenue SE.
An extension of this 8" sanitary sewer under TH 14 is required. This extension requires that
a 20" steel casing be installed under TH 14 and then an 8" sanitary sewer line be installed
within the casing pipe.
2. 8" watermain is located on the north side of TH 14 East right of way at 21 St Avenue SE. An
extension of this 8" watermain under TH 14 is required. This extension requires that a 20"
steel casing be installed under TH 14 and then an 8" watermain line be installed within the
casing pipe.
Availability of sanitary sewer and watermain to serve the Graham property:
This project proposes that the Graham property be served from an existing 8" sanitary sewer line that is
located on the north side of TH 14 East. This 8" sewer line flows northwesterly to an existing 33"
trunkline sanitary sewer. Therefore, an extension of trunkline sanitary sewer is not required to serve the
Graham property.
This project proposes that approximately 20 acres of the Graham property in the low-level water service
area be served from an existing 8" watermain that is located on the north side of TH 14 East. The
remainder of the Graham property that is located in the high-level water service area can be served from
the southeast corner of the property after a high level watermain is constructed to that location in
conjunction with the Rose Harbor Area sanitary sewer and watermain project scheduled for construction
in 2001.
The Graham property that is located in the high-level water serve area will also receive service from a
new 500,000-gallon water tower that will be constructed in the Rose Harbor Area in 2001. The City is
currently under contract for the construction of this water tower.
The estimated construction costs and expenses for the proiect made without completed plans or survey
are as follows:
Jack & Auger 20" Steel Casing (sanitary sewer) 100 feet x $ 250 per foot $ 25,000
8" sanitary Sewer 170 feet x $ 75 per foot 12,750
Manholes 2 mh x $1,800 per manholes 3,600
Sub -Total Sanitary Sewer $ 41,350
Jack & Auger 20" Steel Casing (watermain) 100 feet x $ 250 per foot $ 25,000
8" watermain 170 feet x $ 75 per foot 12,750
Gate valves & fittings 5,000
Hvdrants & leads 1 hvd x $3.600 per hydrant 3,600
Sub -Total Watermain $ 46,350
Sub -Total Sanitary Sewer and Watermain $ 87,700
Engineering, Interest & Contingencies 26,310
Estimated Cost for Sanitary Sewer and Watermain $114,010
The project is to be funded as follows:
Rochester Public Utility share for watermain crossing $ 60,255
Sewer Availability Charges (SAC) $ 53,755
Estimated Project Cost $114,010
Sewer Availability Charges will be recovered from lands located within the sanitary sewer service area,
as shown on the attached map, as the areas develop. The petitioner of the project, Fred Schmidt, is
required to enter into a Development/Assessment Agreement with the City of Rochester prior to the City
awarding a contract for the project. The terms and conditions of this Agreement are pending, however,
the Agreement will ensure that a significant portion of the project's sanitary sewer costs will be
recoverable within a specified period of time through Sewer Availability Charges.
The petitioner is responsible for the extension of public sanitary sewer and watermain within the Graham
property proposed for development at this time. The petitioner is responsible for the extension of public
sanitary sewer and watermain to the adjoining portions of the Graham property along the south side of
Eastwood Road.
Since the Graham property is currently outside of the City of Rochester corporate limits, the petitioner
will also be required to petition for annexation of the property and enter into a Development Agreement
with the City prior to the City Council's award of the contract to construct this project.
Submitted for your consideration:
James M. Loehr,
Water Quality Protection Program
Project Manager
Richard W. Freese, P.E.
City Engineer
BUDGET AND ASSESSMENT SCHEDULE
FOR CONSTRUCTION CONTRACT
Project No: M1-34 Date (Orig.) 03/27/2001
J No: J9795
Description: "Sanitary Sewer and Watermain Extension to Serve the Graham Property in
Section 6 Marion Township'.
Project Contract Final
Budget Cost Cost
Construction Phase I
Sanitary Sewer
Watermain
Engineering/interest/Contingency
Total Construction & Expense
Cost Distribution
Future SAC Charges
Rochester Public Utility Share
Watermain Crossing
TOTAL
Make Initial Disbursement from P. I. R. Fund
$ 41,350
$ 46,350
$ 53,755
$ 60,255
$ 114,010
REQUEST FOR COUNCIL ACTION MEETING
DATE: 4/2/01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
CONSENT AGENDA
Public Works
-0
M DESCRIPTION: Feasibility Report for Sanitary Sewer and Public Improvements to
PREPARED BY:
Serve Rose Harbor Sub. Area, J9749
J. Loehr P
This is the Feasibility Report for the construction of sanitary sewer serve the Rase Harbor Subdivision
Area and public improvements to serve undeveloped lands in the Rose Harbor Subdivision Area in a
project described as follows:
Proicct No. M1-05, J9749
"Sanitary Sewer Extension to Serve the Rose Harbor Subdivision Area and Public
Improvements to Serve Undeveloped Property Located in the Rose Harbor Subdivision Area."
The estimated construction costs and expense of this project are as follows:
WQPP Project Area $1,364,290
Western Walls Petition Area 474,665
Sub -Total $1,838,955
Engineering/InteresUContingencies 551687
Total Estimated Project Cost $2,390,642
The Rose Harbor Subdivision WQPP Project Area sanitary sewer extension project is included in the
2001 Capital Budget.
The Western Walls Petition Area is not included in the 2001 Capital Budget. However, the Department
of Public Works recommends that the WQPP project and the Western Walls petition public
improvement project be combined as one project.
The Rose Harbor Area is currently outside the City limits. An Orderly Annexation Agreement between
the City and Marion Township is finalized. Annexation of the WQPP project area will occur no earlier
than January 1 of the year 5-years after public sanitary sewer project is substantially completed to
serve the area.
The project is proposed to be funded from sewer and water connection charges (Utility Connection
Agreements), Rochester Public Utility for watermain replacement and oversized watermain, special
assessments to lots within the Western Walls petition area, Sales Tax supported Water Availability
Charges for trunk watermain costs, and Sales Tax revenue appropriated to the Water Quality
Protection Program for rate caps and per lot caps.
COUNCIL ACTION REQUESTED:
1. Adopt a resolution accepting the Feasibility Report.
2. Adopt a resolution establishing a Project Hearing for May 7, 2001.
Attachments: Feasibility Report
Location Map
1NCIL ACTION: Motion by: Second by: to:
FA
REPORT ON THE FEASIBILITY OF PROPOSED
LOCAL IMPROVEMENT PROJECT
TO SERVE ROSE HARBOR SUBDIVISION AREA.
March 20, 2001
Honorable Mayor & Common Council
City of Rochester, Minnesota
Water Quality Protection Program Petition
A petition for sanitary sewer to serve the Rose Harbor Subdivision Area was forwarded by the City
Council at their meeting of March 29, 1999 to the Public Works Department for the preparation of a
Feasibility Report. The petition was checked and found to be in proper form and was signed by 33 of 54
property owners of lots containing a single-family residential dwelling. This represents 61.1 percent of the
single-family residential lots within the Rose Harbor Area that are eligible to participate in the City of
Rochester, Water Quality Protection Program adopted by the City Council on December 21, 1999. The
Rose Harbor WQPP Project Area also includes 37 undeveloped single-family residential lots.
Western Walls Petition
A petition for sanitary sewer, watermain, storm sewer, sub -drain, street construction and curb & gutter
was forwarded by the City Council at their meeting of March 19, 2001 to the Department of Public Works
for the preparation of a Feasibility Report. This petition was received from Bob DeWitz requesting that
the City construct public improvements to serve undeveloped lots owned by Western Walls that are
located adjacent to the Rose Harbor WQPP project area. In addition to Western Walls lots, there are 15
undeveloped lots that are affected by Mr. DeWitz's petition, as these lots are located within the area that
Mr. Dewitz petition represents.
Feasibility Report
Water Quality Protection Program Project Area
We report that the above referenced Water Quality Protection Program project is feasible and recommend
its construction. The location of this project is within an area of existing single-family residential
development that currently lacks public sanitary sewer. The Area is currently served by the public water
system that was purchased by the City from REA a number of years ago. A majority of the septic systems
this Area were constructed prior to the State of Minnesota and Olmsted County having any requirements
or standards for construction of septic systems. The lots are typically under % acre in size and are unable
to absorb the nitrates created from the septic systems. There is an increasing threat of contamination to the
City of Rochester's groundwater supply as the existing septic systems begin to fail. This project would
allow property owners of lots containing existing single-family residential dwellings to connect to the
public sanitary sewer system rather than replacing their old systems when they fail. This project also
allows the undeveloped single-family residential lots to develop with public sanitary sewer and
watermain.
The proposed project consists of the installation of 8-inch sanitary sewer lines, replacement of existing
watermain with new 8-inch watermain lines (requested by RPU), and sanitary sewer and water service
connections throughout the Rose Harbor WQPP Project Area. The Department of Public Works also
proposes to construct storm sewer in Harbor Drive SE as the area lacks a storm sewer system, and to
construct concrete curb & gutter to facilitate surface water drainage to the proposed storm sewer.
The WQPP petition does not include a request for concrete curb &r gutter. However, the WQPP
Project Manager conducted a design meeting for the Rose Harbor Area property owners on March , 2001.
The WQPP Project Manager informed the property owners in attendance of the City's desire to construct
concrete curb & gutter in the Rose Harbor Area.
The costs of this \VQPP project are proposed to be recovered through sanitary sewer and watermain
connection charges (Utility Connection Agreements), sales tax revenue appropriated to the City of
Rochester, Water Quality Protection Program, for existing single-family residential lots that contain a
dwelling, storm sewer area charges to undeveloped parcels, curb and gutter charges, and Rochester Public
Utility share for watermain replacement.
Applicable Connection Charge Rates and per Lot Caps
Since the Rose Harbor Subdivision Area petition was received prior to August 1, 1999, the date that the
Water Quality Protection Program rates and per lot caps were adjusted by the change in the Engineering
News Record Construction Cost Index as measured in the Minneapolis/St. Paul area during the preceding
calendar year, the Department of Public Works recommends that the sanitary sewer connection charges
for this project be based on the connection charge rates and per lot caps in affect at the time the petition
was received by the City as follows:
• Maximum sanitary sewer connection charge rate of $37.74 per foot of frontage.
• Maximum sanitary sewer and water connection charge rate of $66.30 per foot of frontage.
Maximum sewer charge per lot cap for a developed lot that contains a habitable single family
dwelling unit shall be as follows:
1) maximum $4,313. 14 per lot for any developed lot 1/2 acre or less.
2) $4,313.14 per lot, plus $0.099016 per square foot for any developed lot greater than '/,
acre up to 1-1/2 acre.
3) maximum $8,626.28 per lot for any developed lot 1-1/2 acre or larger.
Concrete Curb & Gutter
The lots within the WQPP petition area are subject to charges for concrete curb & gutter based on the
actual cost to construct the concrete curb & gutter. The estimated curb & gutter rate is $1 1.70 per foot of
chargeable frontage.
If the City Council determines that concrete curb & gutter will not be constructed within the WQPP
petition area, then the properties within the area will not be subject to charges for concrete curb & gutter.
Western Walls Petition Project Area
We report that the above referenced petition project is feasible. The project includes the construction of
sanitary sewer, watermain, storm sewer, sub -drain, street construction and curb & gutter. The project is
within an area of existing single-family residential development.
The costs for this project area are proposed to be fully recovered from assessments against the
undeveloped lots abutting the project area.
Availability of sanitary sewer and watermain to serve the project areas:
Public sanitary sewer is currently available in Rose Drive at the west edge of Rose Harbor Subdivision.
The WQPP project area and the Western Walls' petition area can be served by existing trunkline sanitary
sewer, therefore the extension of sub-trunkline sanitary sewer is not required.
i
Public watermain is currently available to serve both project areas. However, 4,260 feet of watermain will
be replaced with a 12-inch trunk watermain to serve the entire southeast service area including Rose
Harbor Subdivision.
The City is currently under contract for the construction of a new 500,000-gallon water tower to serve the
southeast service area (Rose Harbor site). This water tower will serve the water needs for the entire
southeast service area.
The estimated construction costs and expenses of the project made without completed plans or
survey are as follows:
WQPP Proiect Area Estimated Cost
Sanitary Sewer $ 533,597
Watermain (trunk watermain and replacement) 712,131
Sewer and Water Service Connection Stub -outs 174,522
Storm Sewer 211,055
Concrete Curb & Gutter 142,272
Estimated Cost for WQPP Project Area $ 1,773,577
Western Walls Petition (Developer Expenses)
Estimated Cost
Street Construction (includes excavation, base, curb & gutter, street paving)
$ 147,843
Sanitary Sewer
117,130
Watermain
139,204
Storm Sewer
28,028
Service Connections
56,160
Rock Excavation
128,700
Estimated Project Costs for Western Walls Petition
$ 617,065
Estimated Proiect Costs for WQPP Area and Western Wall's Petition Estimated Cost
Estimated Cost for WQPP Project Area $ 1,773,577
Estimated Project Costs for Western Walls Petition 617,065
Estimated Project Costs for WQPP Area and Western Wall's Petition $ 2,390,642
The estimated Droiect costs for the WOPP Area and Western Walls Petition Area Estimated Cost
are oronosed to be funded as follows:
Utility Connection Agreements
$ 482,905
Curb & Gutter Charges in WQPP Project Area
106,447
Developer Assessments (Western Walls Petition)
617,065
Storm Sewer Area Charge (per lot charge)
105,534
RPU (Watermain Replacement)
64,350
WQPP Trunk Watermain (transfer to project J9604)
505,673
Sales Tax Revenue (see below)
508,668
Estimated Project Costs
$2,390,642
F,
FA
Amount of sales tax revenue required for the Protect Estimated Cost
Sales Tax (Rate Cap and per Lot Cap) $ 468,168
Sanitary Sewer Service Connection Stub -outs (54 lots x $750) 40,500
Estimated Amount of Sales Tax Funding Required for Construction of Project $ 508,668
Estimated additional sales tax revenue required for work on private property
Of the 91 lots within the project area 54 lots contain a single-family residential dwelling. These lots are
eligible for Allowances through the Water Quality Protection Program as follows:
Amount of sales tax revenue required for the Proiect
Sewer Service Lateral 54 lots x $1,000 per lot
Septic Closure 54 lots x $ 500 per lot
Estimated Amount of Sales Tax Revenue Required for Allowances for Work on
Private Property
Estimated sales tax revenue required for construction of Proiect and Allowances
Estimated Amount Sales Tax Revenue for Construction of the Project
Estimated Amount of Sales Tax Revenue Required for Allowances
Estimated Amount of Sales Tax Revenue Required for Construction of the Project
and Allowances for Work on Private Property
Estimated Cost
$ 54,000
27,000
$ 81,000
Estimated Cost
$ 508,668
81,000
$ 589,668
We recommend that the necessary funding to construct sanitary sewer, watenttain and service connections
in the Rose Harbor Subdivision WQPP Project Area be done so in accordance with the City of
Rochester's existing sanitary sewer connection charge policies and the Water Quality Protection Program.
Property owners that desire to participate in the Water Quality Protection Program and the benefits
contained therein, are required to:
l . Enter into a Utility Connection Agreement with the City within three (3) years of the date the
City initiates the project.
2. Connect the existing single-family residential dwelling or existing developed commercial
property to the public sewer and water systems within five (5) years of the date of project
initiation.
3. Consent to annexation of their property consistent with the conditions of an Orderly Annexation
Agreement between the City and Rochester Township, or to the City initiated annexation of the
Area as is currently proposed by the City.
We recommend that the necessary funding for the Western Walls Petition Area be recovered through
special assessments against each lot with the petition area. Each lot will be assessed at the completion of
the project on a "per lot" basis. Payment of the "per lot" assessments will be deferred for a period not to
exceed December 1, 2003, but must be paid at the time a lot is connected to City sewer and water, sold, or
transferred. Interest will accrue at 7.5% simple interest, from the date the original assessment roll is
adopted for project J9749 to the date the assessments and accrued interest are paid. No connection to the
City sanitary sewer and watermain systems will be permitted until the assessment, plus accrued interest,
relative to that lot are paid.
Developer/Assessment Agreements will be executed between Western Walls and the City prior to a
contract being awarded for construction of the project.
r
Submitted for your consideration:
M.
Protection Program
Project
BUDGET AND ASSESSMENT SCHEDULE
FOR CONSTRUCTION CONTRACT
Project No: M1-05
J No: 9749
Date (Orig.) 03/20/2001
Description: "Sanitary Sewer Extension to Serve the Rose Harbor Subdivision Area and Public
Improvements to Serve Undeveloped Property Located in the Rose Harbor Subdivision
Area."
Construction
WQPP Project Area
Sanitary Sewer & Watermain
Service Connections
Storm Sewer
Concrete Curb & Gutter
Western Walls Petition Area
En eineeri ne/I nterest/Contin¢encv
Total Construction & Expense
Cost Distribution
Anticipated Utility Connection Agreements
Sales Tax Funding
Special Assessments
(Western Walls Petition Area)
Storm Sewer Charges
Water Quality Protection Program
Trunk Watermain (transfer to J9604)
Water Department Share
Watermain Replacement
TOTAL
Make Initial Disbursement from P. I. R. Fund
Project Contract Final
Budget Cost Cost
$ 958,252
134,248
109,440
474.665
$2,390.642
$ 589,352
508,668
617.065
505,673
64,350
$2,390,642
i
Western Walls Petition
estern Walls Petition WQ_ P�d
L� iiii�i�iii
Western Walls Petition
WQPP Projec
WQPP
WQPP Project
cr
REQUEST FOR COUNCIL ACTION MEETING
DATE:
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
CONSENT AGENDA
Public Works
�D �a
if DESCRIPTION: Feasibility Report for Sanitary Sewer and Watermain to Serve the
PREPARED BY:
Thomas Subdivision Area, J9788
de J. Loehr
This is the Feasibility Report for the construction of sanitary sewer and watermain serve the Thomas
Subdivision Area in a project described as follows:
Project No. M1-27, J9788
"Sanitary Sewer and Watermain Extension to Serve the Thomas Subdivision Area."
The estimated construction costs and expense of this project are as follows:
Sanitary Sewer and Watermain $ 363,505
Service Connections 45,000
Sub -Total $ 408,505
Engineering/Interest/Contingencies 122,551
Total Estimated Project Cost $ 531,056
The Thomas Subdivision sanitary sewer and watermain extension project is included in the 2001
Capital Budget and is tentatively scheduled for construction in 2002.
The Thomas Subdivision Area is currently outside the City limits. An Orderly Annexation Agreement
between the City and Marion Township is finalized. Annexation of the Thomas Subdivision Area will
occur no earlier than January 1 of the year 5-years after public sanitary sewer and watermain project is
substantially completed to serve the area.
The project is proposed to be funded from sewer and water connection charges (Utility Connection
Agreements) and Sales Tax revenue appropriated to the Water Quality Protection Program for rate
caps and per lot caps.
The WQPP Project Manager, the Assistant City Administrator and members of the Marion Town Board
conducted an informational meeting for the Thomas Subdivision Area property owners on February 22,
2001. This meeting was held to review the Water Quality Protection Program and respond to any
questions that the property owners had regarding the WQPP.
COUNCIL ACTION REQUESTED:
1. Adopt a resolution accepting the Feasibility Report.
2. Adopt a resolution establishing a Project Hearing for May 7, 2001.
Attachments: Feasibility Report
Location Map
INCIL ACTION: Motion by: Second by: to:
�0
REPORT ON THE FEASIBILITY OF PROPOSED
LOCAL IMPROVEMENT PROJECT
TO SERVE THE THOMAS SUBDIVISION AREA.
March 20, 2000
Honorable Mayor & Common Council
City of Rochester, Minnesota
A petition for sanitary sewer and watermain to serve the Thomas Subdivision Area was forwarded by the
City Council at their meeting of May 17, 1999 to the Public Works. Department for the preparation of a
Feasibility Report. The petition was checked and found to be in proper form and was signed by 22 of 33
property owners of lots containing a single-family residential dwelling. This represents 66.7 percent of
the single-family residential lots within the Thomas Subdivision Area that are eligible to participate in
the City of Rochester, Water Quality Protection Program adopted by the City Council on December 21,
1999. The Thomas Subdivision Area also includes 6 undeveloped single-family residential lots.
Feasibility Reoort
We report that the above referenced project is feasible and recommend its construction. The location of
this project is within an area of existing single-family residential development and existing commercial
development that currently lacks public sanitary sewer and watermain. A majority of the septic systems
and wells within the Area were constructed prior to the State of Minnesota and Olmsted County having
any requirements or standards for construction of septic systems and wells. The lots are typically under
/, acre in size and are unable to absorb the nitrates created from the septic systems. There is an
increasing threat of contamination to the City of Rochester's ground water supply as the existing septic
systems and wells begin to fail. This project would allow property owners of lots containing existing
single-family residential dwellings and developed commercial lots to connect to public sanitary sewer
and water systems rather than replacing their old systems when they fail. This project also allows the
undeveloped single-family residential lots to develop with public sewer and watermain
The costs of this project are proposed to be recovered through sanitary sewer and watermain connection
charges (Utility Connection Agreements), sales tax revenue appropriated to the City of Rochester, Water
Quality Protection Program for existing single-family residential development.
The proposed project consists of the installation of an 8-inch sanitary sewer lines, 8-inch watermain
lines, and sanitary sewer and water service connections throughout the Thomas Subdivision Area.
Public sanitary sewer will be available at the west edge of the Thomas Subdivision Area after the Badger
Run Trunkline sanitary sewer is constructed in late 2001 and/or early 2002. Sanitary sewer will be
extended from that location to serve Thomas Subdivision Area.
Watermain is currently available at the intersection of 30th Avenue SE and Marion Road SE. Trunk
watermain will be extended from that location to serve the Thomas Subdivision Area and other
subdivisions in Marion Township that are located between 30th Avenue and the Thomas Subdivision
Area that have requested the extension of public sanitary sewer and watermain through the City of
Rochester Water Quality Protection Program Area.
Applicable Connection Charge Rates and per Lot Caps
Since the Thomas Subdivision Area petition was received prior to August I, 1999, the date that the
Water Quality Protection Program rates and per lot caps were adjusted by the change in the Engineering
News Record Construction Cost Index as measured in the Minneapolis/St. Paul area during the preceding
calendar year, the Department of Public Works recommends that the sanitary sewer and watermain
connection charges for this project be based on the connection charge rates and per lot caps in affect at
the time the petition was received by the City as follows:
• Maximum sanitary sewer and water connection charge rate of $66.30 per foot of frontage.
• Maximum sewer and water connection charge per lot cap for a developed lot that contains a
habitable single family dwelling unit shall be as follows:
1) maximum $8,160 per lot for any developed lot 1/2 acre or less.
2) $8,160 per lot, plus $0.19 per square foot for any developed lot greater than %z
acre up to 1-1/2 acre.
3) maximum $16,320 per lot for any developed lot 1-1/2 acre or larger.
The estimated construction costs and expenses of the project made without completed plans or survey are
as follows:
Sanitary Sewer and Watermain
Sewer Service Connection Stub -Outs $750 per service x 39 services
Water Service Connection Stub -out $750 per service x 39 services
Estimated Cost of the Project
The estimated project costs are proposed to be funded as follows:
Utility Connection Agreements
Sales Tax Revenue (see below)
Estimated Project Costs
Amount of sales tax revenue required for the Project
Sales Tax (Rate Cap and per Lot Cap)
Sales Tax (Sewer Service Stub -Out Allowances) 33 services x $750/serv.
Sales Tax (Water Service Stub -Out Allowances)33 services x $750/serv.
Estimated Amount of Sales Tax Funding Required for Construction of Project
$ 472,556
$ 29,250
$ 29,250
$ 531,056
$ 318,155
$ 212,901
$ 531,056
$ 163,401
$ 24,750
$ 24,750
$ 212,901
t
Estimated additional sales tax revenue required for work on private property
Of the 39 lots within the project area 33 lots contain a single-family residential dwelling. These lots are
eligible for Allowances through the Water Quality Protection Program as follows:
Sewer Service Lateral
33 lots x $1,000 per lot
$
33,000
Water Service Lateral
33 lots x $1,000 per lot
$
33,000
Well Closure
33 lots x $1,100 per lot
$
33,000
Septic Closure
33 lots x $ 500 per lot
$
16,500
Estimated Amount of Sales Tax Revenue Required for Allowances for Work on
$
115,500
Private Property
Estimated sales tax revenue required for construction of Proiect and Allowances
Estimated Amount Sales Tax Revenue for Construction of the Project $ 212,901
Estimated Amount of Sales Tax Revenue Required for Allowances $ 115,500
Estimated Amount of Sales Tax Revenue Required for Construction of the $ 328,401
Project and Allowances for Work on Private Property
We recommend that the necessary funding to construct sanitary sewer, watermain and service
connections in the Thomas Subdivision Area be done so in accordance with the City of Rochester's
existing sanitary sewer and watermain connection charge policies and the Water Quality Protection
Program. Property owners that desire to participate in the Water Quality Protection Program and the
benefits contained therein, are required to:
I . Enter into a Utility Connection Agreement with the City within three (3) years of the date the
City initiates the project.
2. Connect the existing single-family residential dwelling or existing developed commercial
propem to the public sewer and water systems within five (5) years of the date of project
initiation.
3. Consent to annexation of their property consistent with the conditions of an Orderly Annexation
Agreement between the City and Rochester Township, or to the City initiated annexation of the
Area as is currently proposed by the City.
Submitted for your consideration:
Writer Q ality Protection Program
Project anager
93
BUDGET AND ASSESSMENT SCHEDULE
FOR CONSTRUCTION CONTRACT
Project No: M 1-27 Date (Orig.) 03/20/2001
J No: 9788
Description: Sanitary Sewer & Watermain Extension to Serve the Thomas Subdivision Area
Project Contract Final
Budget Cost Cost
Construction
Sanitary Sewer & Watermain
Service Connections
Engineering/interest/Contingency
Total Construction & Expense
Cost Distribution
Anticipated Utility Connection Agreements
Sales Tax Funding
TOTAL
Make Initial Disbursement fromP. 1. R. Fund
S 363,505
45,000
122.551
S 318,155
212.901
�\ Y�
Badger Run \
Trunkline Sewer \
Thomas Court Area
North of Line J
Welch Court Area
South of Line
Lots Served by
Sewer & Water Services
Placed Under Marion Road
Sanitary Sewer &
Watemrain
III
REQUEST FOR COUNCIL ACTION MEETING
DATE:
4/2/01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
&
CONSENT AGENDA
Public Works
' �,
D
d DESCRIPTION: Feasibility Report for Sanitary Sewer and Watermain to Serve the
PREPARED BY:
Welch Subdivision Area, J9789
J. Loehr
This is the Feasibility Report for the construction of sanitary sewer and watermain serve the Welch
Subdivision Area in a project described as follows:
Project No. M1-28. J9789
"Sanitary Sewer and Watermain Extension to Serve the Welch Subdivision Area."
The estimated construction costs and expense of this project are as follows:
Sanitary Sewer and Watermain $ 302,107
Service Connections 26,538
Sub -Total $ 328,645
Engineering/Interest/Contingencies 98,594
Total Estimated Project Cost $ 427,239
The Welch Subdivision sanitary sewer and watermain extension project is included in the 2001 Capital
Budget and is tentatively scheduled for construction in 2002.
The Welch Subdivision Area is currently outside the City limits. An Orderly Annexation Agreement
between the City and Marion Township is finalized. Annexation of the Welch Subdivision Area will occur
no earlier than January 1 of the year 5-years after public sanitary sewer and watermain project is
substantially completed to serve the area.
The project is proposed to be funded from sewer and water connection charges (Utility Connection
Agreements) and Sales Tax revenue appropriated to the Water Quality Protection Program for rate
caps and per lot caps.
The WQPP Project Manager, the Assistant City Administrator and members of the Marion Town Board
conducted an informational meeting for the Welch Subdivision Area property owners on February 22,
2001. This meeting was held to review the Water Quality Protection Program and respond to any
questions that the property owners had regarding the WQPP.
COUNCIL ACTION REQUESTED:
1. Adopt a resolution accepting the Feasibility Report.
2. Adopt a resolution establishing a Project Hearing for May 7, 2001.
Attachments: Feasibility Report
Location Map
t,%jJNCIL ACTION: Motion by: Second by: to:
q�
I
REPORT ON THE FEASIBILITY OF PROPOSED
LOCAL IMPROVEMENT PROJECT
TO SERVE THE WELCH SUBDIVISION AREA.
March 20, 2000
Honorable Mayor & Common Council
City of Rochester, Minnesota
A petition for sanitary sewer and watermain to serve the Welch Subdivision Area was forwarded by the
City Council at their meeting of May 17, 1999 to the Public Works Department for the preparation of a
Feasibility Report. The petition was checked and found to be in proper form and was signed by 7 of 15
property owners of lots containing a single-family residential dwelling. This represents 46.7 percent of
the single-family residential lots within the Welch Subdivision Area that are eligible to participate in the
City of Rochester, Water Quality Protection Program adopted by the City Council on December 21,
1999. The Welch Subdivision Area also includes 3 developed commercial properties and 5 undeveloped
single-family residential lots.
Feasibility Report
We report that the above referenced project is feasible and recommend its construction. The location of
this project is within an area of existing single-family residential development and existing commercial
development that currently lacks public sanitary sewer and watermain. A majority of the septic systems
and wells within the Area were constructed prior to the State of Minnesota and Olmsted County having
any requirements or standards for construction of septic systems and wells. The lots are typically under
h acre in size and are unable to absorb the nitrates created from the septic systems. There is an
increasing threat of contamination to the City of Rochester's ground water supply as the existing septic
systems and wells begin to fail. This project would allow property owners of lots containing existing
single-family residential dwellings and developed commercial lots to connect to public sanitary sewer
and water systems rather than replacing their old systems when they fail. This project also allows the
undeveloped single-family residential lots to develop with public sewer and watermain
The costs of this project are proposed to be recovered through sanitary sewer and watermain connection
charges (Utility Connection Agreements), sales tax revenue appropriated to the City of Rochester, Water
Quality Protection Program for existing single-family residential development and developed
commercial property.
The proposed project consists of the installation of an 8-inch sanitary sewer lines, 8-inch watermain
lines, and sanitary sewer and water service connections throughout the Welch Subdivision Area.
Public sanitary sewer will be available at the west edge of the Welch Subdivision Area after the Badger
Run Trunkline sanitary sewer is constructed in late 2001 and/or early 2002, and sanitary sewer is
constructed to serve the Thomas Subdivision Area located north of the Welch Subdivision Area.
Watermain is currently available at the intersection of 30th Avenue SE and Marion Road SE. Trunk
watermain will be extended from that location to serve the Welch Subdivision Area and other
subdivisions in Marion Township that are located between 30th Avenue and the Welch Subdivision Area
that have requested the extension of public sanitary sewer and watermain through the City of Rochester
Water Quality Protection Program Area.
qq
Applicable Connection Charge Rates and per Lot Caps
Since the Welch Subdivision Area petition was received prior to August 1, 1999, the date that the Water
Quality Protection Program rates and per lot caps were adjusted by the change in the Engineering News
Record Construction Cost Index as measured in the Minneapolis/St. Paul area during the preceding
calendar year, the Department of Public Works recommends that the sanitary sewer and watermain
connection charges for this project be based on the connection charge rates and per lot caps in affect at
the time the petition was received by the City as follows:
• Maximum sanitary sewer and water connection charge rate of $66.30 per foot of frontage.
• Maximum sewer and water connection charge per lot cap for a developed lot that contains a
habitable single family dwelling unit shall be as follows:
1) maximum $8,160 per lot for any developed lot 1/2 acre or less.
2) $8, I60 per lot, plus $0. 19 per square foot for any developed lot greater than %z
acre up to 1-1/2 acre.
3) maximum $16,320 per lot for any developed lot 1-1/2 acre or larger.
The estimated construction costs and expenses of the project made without completed plans or survey are
as follows:
Sanitary Sewer and Watermain
Sewer Service Connection Stub -Outs $750 per service x 23 services
Water Service Connection Stub -out $750 per service x 23 services
Estimated Cost of the Project
The estimated project costs are proposed to be funded as follows:
Utility Connection Agreements
Sales Tax Revenue (see below)
Estimated Project Costs
Amount of sales tax revenue required for the Protect
Sales Tax (Rate Cap and per Lot Cap)
Sales Tax (Sewer Service Stub -Out Allowances) 18 services x $750/serv.
Sales Tax (Water Service Stub -Out Allowances) 18 services x $750/serv.
Estimated Amount of Sales Tax Funding Required for Construction of Project
$ 392,739
$ 17,250
$ 17,250
$ 427,239
$ 236,356
$ 190,883
$ 427,239
S 163,883
$ 13,500
$ 13,500
$ 190,883
i
Estimated additional sales tax revenue required for work on private property
Of the 21 lots within the project area 15 lots contain a single-family residential dwelling and 3 lots are
developed commercial properties. These lots are eligible for Allowances through the Water Quality
Protection Program as follows:
Sewer Service Lateral
18 lots x $1,000 per lot
$
18,000
Water Service Lateral
18 lots x $1,000 per lot
$
18,000
Well Closure
18 lots x $1,100 per lot
$
18,000
Septic Closure
18 lots x $ 500 per lot
$
9,000
Estimated Amount of Sales
Tax Revenue Required for Allowances for Work on
$
63,000
Private Property
Estimated sales tax revenue required for construction of Project and Allowances
Estimated Amount of Sales Tax Revenue for Construction of the Project $ 190,883
Estimated Amount of Sales Tax Revenue Required for Allowances $ 63,000
Estimated Amount of Sales Tax Revenue Required for Construction of the $ 253,883
Project and Allowances for Work on Private Property
We recommend that the necessary funding to construct sanitary sewer, watermain and service
connections in the Welch Subdivision Area be done so in accordance with the City of Rochester's
existing sanitary sewer and watermain connection charge policies and the Water Quality Protection
Program. Property owners that desire to participate in the Water Quality Protection Program and the
benefits contained therein, are required to:
I . Enter into a Utility Connection Agreement with the City within three (3) years of the date the
City initiates the project.
2. Connect the existing single-family residential dwelling or existing developed commercial
property to the public sewer and water systems within five (5) years of the date of project
initiation.
3. Consent to annexation of their property consistent with the conditions of an Orderly Annexation
Agreement between the City and Rochester Township, or to the City initiated annexation of the
Area as is currently proposed by the City.
Submitted for your consideration:
M. koehr,
Q ality Protection Program
Manager
Q�
r
BUDGET AND ASSESSMENT SCHEDULE
FOR CONSTRUCTION CONTRACT
Project No: M I-28
J No: 9789
Date (Orig.) 03/20/2001
Description: Sanitary Sewer & Watermain Extension to Serve the Welch Subdivision Area
Construction
Sanitary Sewer & Watermain
Service Connections
Engineering/Interest/Contingency
Total Construction & Expense
Cost Distribution
Anticipated Utility Connection Agreements
Sales Tax Funding
TOTAL
Make Initial Disbursement fromP. 1. R. Fund
Project Contract Final
Budget Cost Cost
07
$ 236,356
190,883
RICH
9.5
Badger Run
Trunkline Sewer
Thomas Court Area I
North of Line J
Welch Court Area
South of Line
Lots Served by
Sewer & Water Services
Placed Under Marion Road
TT
Sanitary Sewer &
Watermain
REQUEST FOR COUNCIL ACTION
MEETING
DATE:
Uf
04/02/01
AGENDA SECTION:
CONSENT AGENDA
ORIGINATING DEPT:
ITEM NO.
a
Public Works
D
A DESCRIPTION: ADVERTISE FOR BIDS: (J9725)
PREPARED BY:
Curb, Gutter, and Overlay on 22nd St NE from 7th Ave to 10th Ave, and
R. Kelm
7th - 10th Ave's NE from N. Heights Dr to 22nd St NE and 21 st Street
This is a request for a resolution to advertise for bids for the following project:
Project Number
6222-1-00 (J9725)
Project Name
Curb, Gutter, and Overlay on 22nd St NE from 7th Ave to 10th Ave, and 7th - 10th Ave's NE from N.
Heights Dr to 22nd St NE and 21st Street
Project Background
At the request of the property owners informational meetings were held on October 18, and November
26, 2000. Based on the response from the two meetings, both project and assessment hearings were
held at the December 11, 2000 council meeting.
AIM
Project Location
•.
$� �,,k
\'�+�vtr /✓Tl�t�
11,E 4sp.yhlt�� � qyt N,
P
COUNCIL ACTION REQUESTED:
A resolution should be adopted authorizing the City Clerk to advertise for bids and conduct a bid opening
on May 2, 2001 at 11:00 AM.
Note to City Clerk; Advertise 3 times in the Post Bulletin and Construction Bulletin beginning April 10,
2001.
COUNCIL ACTION: Motion by: Second by: to
REQUEST FOR COUNCIL ACTION
MEETING
DATE:
04/02/01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
CONSENT AGENDA
Public Works
) l Xu
M DESCRIPTION: ADVERTISE FOR BIDS: (J9723)
PREPARED BY:
Curb, Gutter, & Overlay on 19th Ave NW from 19th St NW to
R. Kelm �n
Valley High Drive
This is a request for a resolution to advertise for bids for the following project:
Project Number
6319-4-00 (J9723)
Project Name
Curb, Gutter, & Overlay on 19th Ave NW from 19th St NW to Valley High Drive
Proiect Background
The project feasibility report and assessments were approved during the December 11, 2000, City
Council meeting.
The project, engineering and construction will be funded with Special Assessments and General Street
Resurfacing funds (J-8308 & J-2201).
This project will involve the placement of concrete curb/gutter, bituminous street construction, storm
sewer modifications, and associated sidewalk repairs.
,S f`v,>• I r fri
Project Location
_ r r
Gqt �\
�.Jy.pq�rjgq�y fi(fW�p �.3 t ..� Yr �1lY
•fir i
.�j'.
I `,.•��•�E {Yn'�11 A
�* ti
�..� --wi � �i a �'M [! • 4
f^I
� ; _rt .. q'j f
COUNCIL ACTION REQUESTED:
A resolution should be adopted authorizing the City Clerk to advertise for bids and conduct a bid opening
on May 1, 2001 at 11:00 AM.
Note to City Clerk; Advertise 3 times in the Post Bulletin and Construction Bulletin beginning April 10,
2001.
COUNCIL ACTION: Motion by: Second by: to:
REQUEST FOR COUNCIL ACTION
MEETING
DATE 4-2-01
AGENDA SECTION:
CONTINUED - PUBLIC HEARING
ING DEPT: ITEM O.
PLANNING
:M DESCRIPTION: Vacation Petition #01-03 by Betty Blanchard and Michelle Durigan to PREPARED BY:
vacate the undeveloped right of way of the north half of 51h Street SE lying adjacent Mitzi A. Baker,
to the southerly line of Lot 2, Block 39, Morse & Sargeant's Addition to East Senior Planner
Rochester. The property is located west of 101h Avenue SE and affects the
properties at 435 and 435 '/2 101h Avenue SE.
March 29, 2001
Planning and Zoning Commission Recommendation:
The Planning & Zoning Commission reviewed this vacation request at the on March 28, 2001 and recommends
approval subject to the following:
1. The applicants re -dedicate a drainage and maintenance easement for those areas of the vacation description
lying outside of the footprint of the house, and
2. An access easement be recorded for the private driveway access located within the existing right-of-way or
the deed for that portion of the vacated right-of-way shall be attached to the parcel which receives access
from said driveway.
3. The above documents shall be provided to the City prior to recording the resolution to vacate right-of-way and
shall be recorded simultaneous with the resolution, with the applicant(s) paying the fees for recording the two
additional documents.
Council Action Needed:
1. Following the hearing, if the Council wishes to proceed, it should instruct the City
Attorney to prepare a resolution to approve the vacation petition with a stipulation
that the resolution shall not be recorded until the applicant has provided the
necessary documents outlined in the staff report, and as stated in this RCA.
Attachments:
1. Staff Report dated March S, 2001.
2. Map
y'r k
COUNCIL ACTION: Motion by: Second by:
MOF`^AGE LOAN INSPECT'14
LEGAL DESCRIPTION:
u
u
4
zl
THE WEST 45 FEET OF LOT 2, BLOCK 39, MORSE & SARGEANT'S ADDITION
TO EAST ROCHESTER, OLMSTED COUNTY, MINNESOTA
T(APPEARS TO BE VACATED)
TO 6r< VACA7'T{;Z
h
33
i4
33
SCALE:
1 "=30'
c
�I FEB 2 7 2001
L
"U.E' = UTILITY EASEMENT ROCHESTERO' V.�iED
PLANNING OEPAr^,TMENT
��0= FOUND MONUMENT -----•------..._-.
NOTE IRS INSPECTION WAS PREPARED FOR IDENTIFICATION PURPOSES ONLY FOR THE MORTGAGEE IN CONNECTION WITH A NEW MORTUG£ AND IS NOT
INTENDED OR REPRESENTED TO BE A LAND OR BOUNDARY SURVEY. THE PROPERTY DIMENSIONS SHOWN ARE PLATTED OR DESCRIBED DIMENSIONS
AND WERE NOT FIELD VERIFIED. NO PROPERTY CORNERS WERE SET. DO NOT USE FOR THE ESTABLISHMENT OF ANY FENCE, BUILDING, OR OTHER
IMPROVEMENT LINES. NO RESPOHSIMUTY IS MENDED HEREIN TO THE PRESENT OR FUTURE LANDOWNER OR OCCUPANT.
:NDER: WELLS FARGO CLIENT: ROCHESTER TITLE & ESCROW
DYER: JOHN M. SCHEUER 2 Inc.LIENT FILE NO: 38792
70PERTY ADDRESS: DATE OF INSPECTION: 02-10-01
435 112 1OTH AVENUE SE MORTGAGE SURVEYS BY: MARK SEVERTSON
ROCHESTER, MN 55904 609 3rd Avenue SE M S 2 ACCOUNT NO: 01005
Stewnrtvi[IA MKI F5Q7F
ROCHESTER-OLDISTED PLANNING DEPARTMENT
2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744
ca YMT♦ OF
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Cl1•xl�C H{:STF,R.,1f/1'1f
Ra TFD:,a L'GC yT•
TO: City Planning and Zoning Commission
FROM: Mitzi A. Baker, Planner
DATE: March 8, 2001
RE: Vacation Petition #01-03 by Betty Blanchard and Michelle Durigan
to vacate the undeveloped right of way of the north half of 5th
Street SE lying adjacent to the southerly line of Lot 2, Block 39,
Morse & Sargeant's Addition to East Rochester. The property is
located west of 10th Avenue SE and affects the properties at 435
and 435'/2 loth Avenue SE.
Planning Department Review:
Petitioner(s):
Reason to Vacate:
Referral Comments:
Report Attachments:
Staff Recommendation:
Betty Blanchard
400 2nd Street SW Apt 106
Kasson MN 55944
Michelle Durigan
435 101h Ave. SE
Rochester, MN 55904
Existing dwelling encroaches into right-of-way.
1. Rochester Public Works
1. Location Map
The roadway proposed for vacation is platted but not built. A portion of an existing
dwelling encroaches into the right-of-way. Access to the dwelling that encroaches into
the right-of-way is via a private driveway located within the right-of-way. Upon vacating
the right-of-way, the property will not have access to a public road unless an easement
is executed or the deed to the portion of right-of-way being vacated adjacent to the
Durigan property is transferred to the other property owner. Staff recommends
approval of the vacation subject to the following:
BUILDING CODE 5071285-8213 • GIS/ADDRESSING/MAPPING 5071285-8232 • HOUSING/Hi 5071285-8224
M.d.... PLANNING20NING 507/285-8232 • WELUSEPTIC 507/285-8345
�y FAX 5071287-2275
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
10
ONOW01
1. The applicants re -dedicate a drainage and maintenance easement for those areas
of the vacation description lying outside of the footprint of the house, and
2. An access easement be recorded for the private driveway access located within the
existing right-of-way or the deed for that portion of the vacated right-of-way shall be
attached to the parcel which receives access from said driveway.
3. The above documents shall be provided to the City prior to recording the resolution
to vacate right-of-way and shall be recorded simultaneous with the resolution, with
the applicant(s) paying the fees for recording the two additional documents.
8
IG
ROCHESTER
Minnesota
TO: Consolidated Planning Department
2122 Campus Drive SE
Rochester, MN 55904
FROM: Michael J. Nigbur
DATE: 3/2/01
DEPARTMENT OF PUBLIC
WORKS
2010 Street SE Room 108
Rochester, MN 55904-3740
507-287-7800
FAX — 507-281-6216
The Department of Public Works has reviewed the requested application for
Vacation #01-03 on the Betty Blanchard Property (435 10th Ave SE) property.
The following are Public Works comments on the proposal:
Public Works has no objection to granting the request, subject to the
applicant obtaining a deed or easement to address the driveway
access to this property, and subject to rededication of a Drainage &
maintenance Easement for those areas of the vacation description
lying outside of the footprint of the house.
C:\temp\VAC01-03 Blanchard 435 loth Ave SE.DOC
i
Draft Minutes
City Planning &Zoning Commission
Meeting Date: March 28, 2001
Ms. Mitzi Baker presented the staff report, dated March 8, 2001, to the Commission.
The staff report is on file at the Rochester -Olmsted Planning Department.
Mr. Hodgson moved to recommend approval of Vacation Petition #01.03 by Betty
Blanchard and Michelle Durigan, with staff -suggested conditions. Mr. Brede seconded
the motion. The motion carried 7-0.
CONDITIONS:
1. The applicants re -dedicate a drainage and maintenance easement for those areas of
the vacation description lying outside of the footprint of the house, and
2. An access easement be recorded for the private driveway access located within the
existing right-of-way or the deed for that portion of the vacated right-of-way shall be
attached to the parcel which receives access from said driveway.
3. The above documents shall be provided to the City prior to recording the resolution
to vacate right-of-way and shall be recorded simultaneous with the resolution, with
the applicant(s) paying the fees for recording the two additional documents.
/01 12:09 FAX 507 287 2275 ROCK OL?I PL:INNING DEPT. CTY :WliIN. 2002
MEETING + �
REQUEST FOR COUNCIL ACTION DATE: 4-02-01
___JJ
ENDA SECTION: ORIGINATING DEPT: ITEM ND.
PUBLIC HEARINGS — Continued Hearing PL? I� `tII`IG ��
ITEM DESCRIPTION: Type III, Phase 11 Restrictive DevelO'Prn t #00-29 Preliminary Plan by
Waste Management to permit the construction of a 7,140 square foot transfer station. The
transfer station would accept mixed municipal solid waste and recyclable as well as some
industrial and demolition debris type waste. The property is located along the east side of
11'" Avenue SW and south of 101" Avenue SW.
March 29, 2001 NEE:Co�rwQ Qepcuwtaiy c�. e or. A- "
REPAIRED BY:
Brent Svenby,
Planner
r
This proposal was originally scheduled be`ore you on November 20, 2000. The proposal has been continued a number of
times to allow the applicant time to work with the City Public Works Department and they were waiting the awarding of the
contract to operate the County Recycling Center. Staff of the Planning Department and Public Works Department did meet
with the applicant and their attorney numerous times to discuss a development agreement for the proposed development.
Earlier draft versions of the development agreement provided a means to insure that the applicant would pay for the
necessary improvements to 11'n Avenue SW and LC Drive SW to insure that there would be adequate public facilities to
accommodate the proposed development. The final version of the draft agreement does not contain any provisions that the
applicant provide the necessary improvements to insure adequate public facilities. The City Engineer estimates that
correcting pavement conditions and properly aligning the intersection of 11 Ave. SW and CSAH 16 in order to provide
adequate public facilities will cost $646,600. The substandard street charge that the developer would paid is 8.9% of this
cost, with the balance being paid by the City. The improvement:; necessary to these roadways are not included in the City's
six -year capital improvement program. See the attached memo from Phil Wheeler regarding adequate public facilities
requirements.
The first criteria found in the Section 62.708 of the City of Rochester Zoning Ordinance and Land Development Manual
addresses if there is adequate public facilities to accommodate the proposed development. The motion by the CPZC on this
-posal required that conditions 5b and 5c be resolved between the applicant and the City. These conditions were
tressed in earlier versions of the drafted development agreement but since have been removed.
Based on the information above, staff would suggest that the Common Council consider denying the request unless the
applicant is willing to commit to upgrading the public facilities to meet the adequate public facilities standards.
The applicant has requested that the final plan review be waived.
City Planning and Zoning Commission Recommendation:
The City Planning and Zoning Commission held a public hearing on October 25, 2000 to consider this restricted development
preliminary plan.
The applicant submitted a revised plan prior to the CPZC meeting addressing some of issues raised in the staff report. Staff
recommended approved of the plan subject to the conditions listed in a memo dated 10/25/00.
Dan Berndt, Dunlap and Seeger, addressed the Commission. Mr. Berndt stated that the applicant is agreeable to the staff -
recommended conditions, with some minor modifications, listed in the memo dated October 25, 2000 by Brent Svenby with
the exception of 5B, 5C and 9B.
The Planning Commission reviewed this request according to the applicable criteria and standards in the LDM. The
Commission found that this request is consistent with those criteria, subject to the following modifications or conditions:
1. Execution of a Development Agreement is required prier to the approval of the Restricted Development Final
Plan.
2. A City I Owner Contract must be executed prior to the installation of public utilities to serve the site which shall
include dedicating a 20' utility easement. Construction plans and specifications must be prepared by the
Owner's engineer and shall be in conformance with City standards and subject to City approval. The site plan
shall be revised to indicate the located of the utility easement.
COUNCIL ACTION: Motion by: seomd by: to:
1
Page 2
RCA 666
March 29, 2001
3. Stormwater quantity and quality management must be provided on the site. The City will not permit the dii
discharge of site runoff to the City storm sewer system. Approval of a Grading and Drainage Plan is requir
prior to the issuance of building permits.
4. Execution of a Pedestrian Facilities Agreement is required to address Owner's future obligation for pedestrian
facilities along 10`h and 11'h Avenues SW. Owner agrees to dedicate a 10.00 wide pedestrian facility easement
along entire 111h Avenue frontage of the property.
5. In order to address the inadequacies of the public facilities as described above, the Public Works and Planning
staff recommends the following conditions:
5a. Owner shall be required to pay a Substandard Street Reconstruction Charge
5b. Owner shall be required to escrow funds in a sufficient amount to cover the Owner's proportional share of
the City's cost of rehabilitation of those segments of 11`h Avenue SW south of the northern intersection of
10`h Avenue and 111h Avenue SW that deteriorate and are deemed by the City Engineer to be in need of
repair. Funds shall be escrowed for a period not to exceed ten (10) years.
5c. The existing substandard intersection of 11`h Avenue and County Road 16 shall be permanently closed and
the necessary safety improvements to the intersection of 11u' Avenue SW and LC Drive SW shall be
constructed prior to any future approval by the City of an increase in the City authorized capacity of the
Transfer Station facility. In addition, the south end of 11'h Avenue shall be cul-de-saced and sufficiently
signed as a dead end. Alternatively, the Owner may make a contribution to the City for the entire cost of
closing the intersection of 11'h Avenue SW and County Road 16 and constructing a cul-de-sac with
appropriate street signage identifying LC Drive SW as the new extension of 111h Avenue SW.
6. Owner shall grant controlled access to the City for the entire frontage of 11"' Avenue SW except for the sinj
access location shown on the Site Plan.
7. Owner shall indicate on the Plan the onsite traffic circulation pattern that shows a vehicle path from the time
they enter the site until the time the leave the site. The revised plan shall show how internal circulation between
Owner's existing and proposed site will be accomplished by this Plan. The scale location shall be such that
vehicles entering the site will not que back beyond the entrance gate at any time.
8. The MPCA Permit Application For The Rochester Transfer Station Rochester Minnesota prepared for Waste
Management by Liesch Associates, Inc. dated August 2000 shall be incorporated in its entirety as a condition of
the City approval of the Restricted Development Preliminary Plan #00-29. The subsequently issued MPCA Permit
and any associated conditions of that Permit shall be incorporated in its entirety as a condition of the City
approval of the Restricted Development Preliminary Plan #00-29.
9. The following modifications or addition to the MPCA Permit Application For The Rochester Transfer Station
Rochester Minnesota prepared for Waste Management by Liesch Associates, Inc. dated August 2000 shall be
included as conditions of the City approval of the Restricted Development Preliminary Plan #00-29:
a. page 2; Section 2.2.2; Modify sentence #8 to read; Stormwater will not flow directly into the City of Rochester
storm sewer system, but will flow into onsite private stormwater quantity and quality management facilities
approved by the City and constructed by the Owner.
b, page 4; Section 2.4; Modify the first sentence of the second paragraph to read; A Stormwater Pollution
Prevention Plan shall be prepared and submitted to the City for review and approval prior to the issuance of
building permits to account for operations at the proposed facility and regular inspections will be condlin+Pd
to prevent stormwater run-off and/or run-on problems.
c. page 5; Section 2.5; Modify the third sentence of the second paragraph to read; The driveways, parking areas
and storage areas will be maintained consistent with City Code.
Page 3
RCA
March 29. 2001
page 5; Section 2.5; Add the following as paragraph three; The normal waste collection and transfer vehicle
e. page 6; Section 2.8; Modify the sixth sentence of the second paragraph to read; Typically, wastes would
remain on -site for less than 24 hours, except if shorter periods are specified in Section 3.5 of the Permit
Application or extreme weather conditions or other contingency situations proceeding a weekend or holiday.
f. page 7; Section 3.2; Add this third sentence to the first paragraph to read;
recycling materials. They will move the recyclable containers outside the fenced area on the weekends.
g. page 8; Section 3.4; Add this sentence to the end of the second paragraph to read; No wastes shall be
including transfer trailers at the loading dock. The transfer vehicles located at the loading dock shall be
emptied within a 24 hour period.
h. page 8; Section 3.5; Modify the first bullet of the first paragraph to read; Solid waste and demolition
debristindustrial waste to be processed or temporarily stored in a designated processing or storage area that
is visually screened and is designed to retain wind blown trash from the public's view.
i. page 9; Section 3.5.2: Add the following sentences to the end of paragraph 1; There shall be no grinding or
mixing of waste on the site and no crushing of concrete or similar material shall be permitted at the facility.
The facility will not accept contaminated soil or asbestos containing materials.
j. page 9; Section 3.5.3; Modify the first sentence of the first paragraph to read; Recyclable will be stored in
the designated areas acceptable to Public Works and the applicant.
k. page 9; Section 3.6; Modify the second sentence of the first paragraph to read; Fencing and litter pickup
within and outside of the facility and along 111b Avenue SW, LC Drive SW,
10I" Avenue SW and County Road
16 will be conducted as necessary, but at a minimum, on a weekly basis in order to minimize wind-blown
Fitter and the site shall be managed to control the release of waste materials within the operator's property.
1. page 10; Section 3.7; Modify the fifth sentence of the first paragraph to read; The proposed facility would
utilize dry cleanup methods in order to minimize the introduction of water into the MSW and there shall be no
m. page 11; Section 3.10; Add the following sentence to the end of paragraph four; City and County officials
shall be allowed to inspect the facility and operating records of the facility with a 24 hour notice, at any time
to assure compliance with the conditions of the Restricted Development Plan,
n. page 12; Section 3.13; Modify the first sentence of the first paragraph to read; The annual report will be
certified by the Operator and a copy will be submitted to the MPCA, the City Public Works Director and the
County Public Works Director.
o. page 13; Section 4.1; Modify the third sentence of the second paragraph to read; This plan will be amended
and submitted to the MPCA, the City of Rochester Public Works Director, and the County of Olmsted Public
Works Director prior to any change in the management practices or wastes to be received.
10.The applicant shall provide information to the Rochester Public Utilities - Water Division, on the projected water
use, along with the planned fire service providing adequate water quality prior to the issuance of building
permits.
Page 4
RCA vv
March 29, 2001
11. Prior to the issuance of building permits, the applicant shall provide the Planning Department with copies of the
required and approved permits from the MPCA to operate the Transfer Station.
12.The future additions shown on the site plan shall be reviewed through the Type III, Phase II Restricted
Development process. Final site plans, including building elevations and floor plans will be required in the
future.
13.The applicant shall provide lighting information at the time of building permit application. The lighting plan will
need to meet Lighting Standard D.
14. No outside storage of construction and demolition debris waste shall be allowed on the site
15.The landscaping shown on the eastern property boundary be moved out of the 10 foot utility easement.
16. Since a revised plan was submitted today, staff may recommend additional modifications/conditions prior to the
Council meeting, once other stafflagencies have additional time to review the revisions.
Mr. Brede made a motion to approve Restricted Development Preliminary Plan #00-29 by Waste Management with
staff -suggested conditions modified by Mr. Brendt, delaying conditions 513, 5C and to allow the facility to operate
within the limits of their MPCA license in Condition number 9B. Mr. Burke seconded the motion. The motion
carried 4-3 with Mr. Werven, Ms. Schultze and Ms. Petersson voting nay.
Council Action Needed:
1. If the Council wishes to proceed, it should instruct the City Attorney to prepare a resolution either approving, approving
with conditions, or denying this request based upon the criteria included in the staff report
2. The applicant has requested the Council waive the need for a Final Plan phase for this project as allowed in Section
60.532, 6 which is attached.
1. Staff Rerort dated Octob€r 20, 2000
2. Memo Dated October 25, 2000 to the CPZC
3. Minutes of the October 25, 2000 CPZC Meeting
4. Memo from Phil Wheeler Dated March 27, 2001
Distribution:
a �!
C
.0 ec
1. City Clerk
2. City Administrator
3. City Attorney
4. Planning Department File
5. Applicant: This item will be considered some time after 7:00 p.m. on Monday, April 2, 2001 in the Council/Board
Chambers in the Government Center at 151 4th Street SE.
6. A.B. Systems, Inc.
7. John Arnold, Dunlap and Seeger, PA y V // y
q CGS z•rr, �
E16 r '�
oo vb `
PERMIT APPLICATION
FOR THE ROCHESTER TRANSFER STATION
ROCHESTER, MINNESOTA
Prepared for:
ROCHESETER TRANSFER STATION, A DIVISION OF
WASTE MANAGEMENT
Prepared by:
LIESCH ASSOCIATES, INC.
13400 15TH AVENUE NORTH
PLYMOUTH, MINNESOTA 55441
(763) 559-1423
AUGUST 2000
PROJECT NUMBER: 59042.00
"I certify under penalty of law that this document and all attachments were prepared under my
direct supervision in accordance with a system designed to assure that qualified personnel properly
gather and evaluate the information submitted. Based on my inquiry of the person or persons who
manage the system, or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate and complete."
e, P
No.
Table of Contents
1.0 INTRODUCTION...............................................................................................................I
1.1 SCOPE AND PURPOSE OF THIS REPORT......................................................................1
1.2 SITEBACKGROUND................................................................................................... I
2.0 FACILITY DESCRIPTION AND DESIGN.......................................................................2
2.1
GENERAL..................................................................................................................2
2.2
SITE CONSIDERATIONS..............................................................................................2
2.2.1 Zoning..........................................................................................................2
2.2.2 Topography and Hydrogeology...................................................................2
2.2.3 Existing Regional Improvements and Land Use.........................................3
2.3
FACILITY LAYOUT AND OPERATIONS SUMMARY......................................................3
2.4
RUN-OFF CONTROL..................................................................................................4
2.5
TRAFFIC PATTERNS AND VEHICLES INTENDED TO USE SITE.....................................4
2.6
ACCEPTABLE AND UNACCEPTABLE WASTE TYPES...................................................5
2.7
ULTIMATE DISPOSITION OF TRANSFERRED WASTES.................................................6
2.8
TEMPORARY SITE STORAGE CAPACITY.....................................................................6
2.9
ON -SITE RECYCLING................................................................................................7
3.0 FACILITY
OPERATION AND MAINTENANCE PLAN................................................7
3.1
GENERAL..................................................................................................................7
3.2
HOURS OF OPERATION......................................................................................7
3.3
FACILITY ACCESS...............................................................................................8
3.4
FACILITY EQUIPMENT.......................................................................................8
3.5
LOADING, UNLOADING, AND HANDLING.....................................................8
3.5.1 MSW............................................................................................................9
3.5.2 Construction and Demolition Debris...........................................................9
3.5.3 Recyclables..................................................................................................9
3.5.4 Wastes Industrial..........................................................................................9
3.5.5 Facility Egress..............................................................................................9
3.6
NUISANCE CONTROL.................................................................................................9
3.7
FACILITY MAINTENANCE..........................................................................................9
3.8
SECURITY................................................................................................................10
3.9
OPERATOR TRAINING..............................................................................................10
3.10
INSPECTION.............................................................................................................10
3.11
SAFETY AND EMERGENCY PROCEDURES.................................................................11
3.12
OPERATING RECORD...............................................................................................11
3.13
ANNUAL REPORTING...............................................................................................12
4.0 INDUSTRIAL SOLID WASTE MANAGEMENT PLAN...............................................13
4.1 GENERAL................................................................................................................13
4.2 PROCEDURES FOR RECEIVING INDUSTRIAL WASTE..............................13
4.3 RECEIPT OF UNACCEPTABLE INDUSTRIAL WASTES...............................13
4.4 SPECIAL INDUSTRIAL WASTE CONSIDERATIONS.....................................................14
4.5 CONTACTS AND TELEPHONE NUMBERS..................................................................14
5.0 CLOSURE PLAN..............................................................................................................15
5.1 GENERAL................................................................................................................15
5.2 NOTIFICATION OF FINAL. CLOSURE..........................................................................15
5.3 CLOSURE SCHEDULE...............................................................................................15
5.4 CLOSURE PROCEDURES...........................................................................................15
5.5 CERTIFICATION OF FINAL CLOSURE........................................................................16
5.6 DEED NOTATION.....................................................................................................16
5.7 CLOSURE COST ESTIMATE......................................................................................16
5.8 AMENDMENT OF CLOSURE PLAN............................................................................16
6.0 CONTINGENCY ACTION PLAN...................................................................................17
6.1 GENERAL................................................................................................................17
6.2 EVENTs REQUIRING CORRECTIVE ACTION..............................................................17
6.2.1 Vandalism..................................................................................................I s
6.2.2 Fire.............................................................................................................18
6.2.3 Explosions..................................................................................................18
6.2.4 Maintenance Downtimes...........................................................................19
6.2.5 Premature Closing......................................................................................19
6.3 AMENDMENT OF CONTINGENCY PLAN....................................................................20
1.0 INTRODUCTION
1.1 SCOPE AND PURPOSE OF THIS REPORT
The purpose of this report is to fulfill the requirements of Minnesota Solid Waste Rules
7001.3300 and 7001.3400 for issuance of a solid waste management facility permit for the
Rochester Transfer Station to be operated by Waste Management. Waste Management has
retained Liesch Associates, Inc. (Liesch) to prepare a transfer station permit application for
submittal to the Minnesota Pollution Control Agency (MPCA).
This application proposes to permit the transfer facility to accept up to 75,000 tons per year or
6,250 tons per month of mainly mixed municipal solid waste (MSW) and recyclables, as well as
some industrial and demolition debris type waste.
The major components of this permit application are the facility description, an operations and
maintenance plan, a closure plan, contingency action and emergency response plan, an industrial
solid waste management plan, and the MPCA permit application form and checklists (refer to
Appendix A). The MPCA permit application form contains similar information presented within
this report, but in a condensed form. The facility description contains information such as site
description and proposed facility layout and use. The operations plan details items such as
personnel, site safety and security, noise/dust/odor control, litter control, traffic flow, and
stormwater control. Although the proposed site has an indefinite lifetime, the closure plan
details closure procedures should operations be discontinued. The emergency response and
contingency action plan detail procedures to be used in the event of an emergency or unexpected
event.
1.2 SITE BACKGROUND
The proposed transfer facility property is owned by Waste Management and the transfer facility
would be operated by Waste Management. The proposed transfer station would have an address
of:
Rochester Transfer Station.
6670 11th Avenue SW
Rochester, Minnesota 55902
The proposed transfer station site is located on an approximately I -acre parcel of land in Section
3, T105N, R14W, City of Rochester, Olmsted County, Minnesota. A Site Location Map is
August 2000 Page t
LIESCH ASSOCIATES, INC.
Hydrogeologists • Engineers • Environmental Scientists
presented in Appendix B Figure 1. The proposed transfer station would be situated adjacent to
Waste Management's Minnesota Waste Vehicle Maintenance and Storage Facility. General
facility information is summarized and provided in Appendix C, Table 1.
2.0 FACILITY DESCRIPTION AND DESIGN
2.1 GENERAL
The facility permit application form, included in Appendix A, contains relevant information
regarding the facility size, location, type, current land use, buildings and structures, and
operations. Engineering Plans for design of the transfer station facility prepared by A and B
Systems, Inc. are being submitted along with this permit application document to the MPCA for
review and approval.
2.2 SITE CONSIDERATIONS
2.2.1 Zoning
The site is zoned and located within an established industrial area, which makes the existing
transfer operation a good fit with regards to use of the property. The subject property is bounded
by Tru-Green Chemlawn and Novandex to the north; by D and B Mini Storage and City Wide
Insulation to the south; by loth Avenue SW to the east; and by Waste Management's Minnesota
vehicle storage and maintenance facility to the west.
2.2.2 Topography and Hydrogeology
The topography at the site may be characterized as moderately sloped terrain. The site would be
graded in a manner that surface water would flow away from the proposed building in all
directions. Surface drainage in the area is generally west towards Willow Creek. The site is
approximately one -mile southeast of Willow Creek. There are no wetlands, streams, springs,
lakes, or ponds on or near the site. Surface water run-off from the property is proposed to be
regulated through an existing NPDES general sormwater permit for the adjacent Minnesota
Waste Vehicle Storage and Maintenance Facility. The Stormwater Pollution Prevention Plan for
the existing NPDES permit would be updated accordingly to include the proposed operations at
the transfer facility. Stormwater will flow into the City of Rochester storm sewer system. The
Hydrologic Investigations Atlas for the site area indicates that the site is underlain by the Galena
bedrock formation (dolostone and limestone with layers of shale and shaly limestone present).
The depth to bedrock is estimated to be 20 to 120 feet. The near surface deposits consist of
glacial outwash and alluvium overlying sand and glacial till. Groundwater is estimated to be 20
August 2000 page 2
LIESCH ASSOCIATES, INC.
Hydrogeologists • Engineers • Environmental Scientists
to 70 feet below ground surface in the vicinity of the proposed facility. No karst features, such as
sinkholes, are known to exist on -site.
2.2.3 Existing Regional Improvements and Land Use
A list of adjacent property owners is included in Appendix A with the Permit Application form.
The adjacent land is developed as industrial property. Highway 63 would be the typical route to
the facility.
Well logs for wells in the vicinity of the site are contained in Appendix D. In general, there are
49 total wells within approximately 1 mile of the site with 40 domestic supply wells, five
industrial wells, three monitoring wells, and one other. The Rochester Municipal Airport is
approximately one -mile southwest of the proposed facility. The City of Rochester is located
approximately five miles to the north of the site. There are no county or state parks and
recreational areas within 1 mile of the facility.
2.3 FACILITY LAYOUT AND OPERATIONS SUMMARY
The proposed transfer station layout is shown in Appendix B, Figure 2. In general, incoming
refuse vehicles enter through the west overhead door and exit through the same door. Transfer
trailers picking up waste loads at the facility enter by backing in through the building's southwest
overhead door and exit through the same door. Prior to entering the transfer station, the refuse
vehicles and trailers will be weighed in at a scale located on site. The refuse vehicles and trailers
unload in the waste tipping area where the load will be inspected by the facility operator.
The MSW would be placed in a transfer trailer by a front-end loader. The MSW would be
compacted in the transfer trailer using an stationary compactor sitting on a pedestal. When a full
load is obtained, the trailer is transported to an appropriate waste disposal facility. All transfer
trailers will be equipped with tarps to cover the waste to prevent blowing litter.
Recyclable materials would also be received at the facility. The various types of recyclables
proposed to be received at the facility would be unloaded in the appropriate storage areas within
the transfer facility as shown in Appendix B, Figure 2. Storage practices for the recyclable
material avoids any contact with MSW. Vehicles delivering recyclables use the same entrances
and exits as the refuse vehicles and the gated entrance at the west side of the recyclables storage
area. The recyclables are then loaded into the transfer trailers and directly hauled to Waste
Management's LaCrosse or St. Paul material recovery facilities. The recyclables are weighed at
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both the transfer station and the material recovery facilities. Tires and appliances are accepted
/ and stored on -site until a full load is obtained (approximately one week for appliances and two
weeks for tires), at which time they are transported to an appropriate processing or disposal
facility. No more than 500 tires and 25 appliances will be stored on -site at a given time. No yard
waste is transferred at the site. Special provisions will be made, if necessary, to handle appliances
or bulky items delivered to the transfer station. The facility currently does not anticipate
receiving a significant quantity of tires, appliances, or bulky items.
The proposed throughput capacity for this transfer facility is approximately 200 tons per day and
is not to exceed 75,000 tons per year. This capacity does include recyclables, which are
delivered to the facility and then transferred to a processing facility. The facility is proposing to
accept an annual tonnage of 12,000 tons of recyclables.
2.4 RUN-OFF CONTROL
Run-off from the facility will be controlled in accordance with Waste Management's adjacent
site's NPDES General Stormwater Management Permit. The facility proposes to incorporate the
Transfer Station property into the existing NPDES permit for the adjacent Minnesota Waste
Vehicle Storage and Maintenance Facility. The driving surfaces on -site are bituminous and
packed gravel, and the site will be graded for stormwater to drain away from the transfer station
facility.
The existing Stormwater Pollution Prevention Plan would be updated accordingly to account for
operations at the proposed facility and regular inspections will be conducted to prevent
stormwater run-off and/or run-on problems. If problems are found, they will be immediately
corrected, and action will be taken to prevent a future occurrence.
2.5 TRAFFIC PATTERNS AND VEHICLES INTENDED TO USE SITE
Approximately 15 packer trucks and four roll -off waste hauling vehicles are expected to use the
transfer facility daily. These averages may be exceeded on any given day. To haul away MSW,
recyclables, and other demolition debris/industrial waste, transfer vehicles will leave the facility
at an average rate of approximately 15 to 20 per day. The site operator will not accept MSW
from vehicles that do not meet the requirements of MN Rule 7035.0800, subps. 2 and 3, and all
vehicles transporting waste from the facility will meet the above rule requirement. The impact
on traffic due to the additional proposed throughput capacity requested as part of this application
would be minimal.
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The site entrance and exit for refuse collection and recycling vehicles is at the south entrance off
of 1 Ith Avenue SW. Transfer trailers will also enter and exit the site at the south entrance off of
IIth Avenue SW. The driveways and parking areas are packed gravel, or paved, and will be
maintained. Traffic patterns of vehicles utilizing the site are illustrated in Appendix B, Figure 3.
The site has sufficient area to allow for the safe passage of all vehicles. Site operators will also
be directing traffic on -site.
2.6 ACCEPTABLE AND UNACCEPTABLE WASTE TYPES
Wastes accepted at the facility are proposed to include the following:
• MSW
• Recyclables
• Construction and demolition debris waste
• Industrial waste
It is proposed that the industrial waste accepted at the facility would be wastes such as empty
pesticide containers and spilled non -hazardous materials. The pesticide containers and spilled
non -hazardous materials would be handled and transferred with the MSW waste and transferred
off -site within 24 hours.
Those wastes specifically excluded from the transfer station are:
1) Waste containing polychlorinated biphenyls at a concentration greater than 50 ppm
2) Rendering and slaughterhouse wastes
3) Wastes that could spontaneously combust or that could ignite other waste because
of high temperatures
4) Ash from incinerators, resource recovery facilities and power plants
5) Sludges, including ink sludges, lime sludge, wood sludge, and paper sludge
6) Spent -activated carbon filters
7) Hazardous wastes categorized according to Minnesota Statutes, Chapter 115B and
116, and Minnesota Rules, Chapter 7045, or wastes that have not been evaluated
pursuant to parts 7045.0214 to 7045.217.
8) Sewage sludge, septic tank pumpings, sewage sludge compost, or sewage unless it
has been treated by a process to significantly reduce pathogens pursuant to parts
7040.0100 to 7040.4700 or 7035.2835
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9)
Infectious wastes
10)
Radioactive wastes
11)
Wastes containing free liquids
12)
Free liquids
2.7 ULTIMATE DISPOSITION OF TRANSFERRED WASTES
Wastes may be transferred to the following potential waste disposal facilities:
• Olmsted County -Incinerator (MSWWas per contractual agreement)
• Kallmar Landfill, Rochester, Minnesota (Sanitary Landfill)
• Central Disposal Landfill, Lake Mills, Iowa (Sanitary Landfill)
• Timberline Trail RDF, Bruce Wisconsin (Sanitary Landfill)
It should be understood that Waste Management is under contract with Olmsted County at this
time to deliver municipal solid waste generated within the County to the Olmsted County
Incinerator or directly to the Kallmar Landfill as by-pass. Therefore, Waste Management will
honor this contract for municipal solid waste generated within the county. Municipal solid waste
would be diverted from these facilities only if they were rendered inoperable at the same time.
Waste Management may also transfer waste at this facility that had been generated within
neighboring counties. Ultimate deposition of these wastes will be at either the Central Disposal
Landfill or the Timberline Trail RDF.
Other disposal sites may be used, as appropriate. Only solid waste management facilities
licensed by the appropriate regulatory agencies will be utilized.
2.8 TEMPORARY SITE STORAGE CAPACITY
This section addresses temporary storage of MSW, industrial waste, demolition debris waste, and
recyclables.
No wastes will be permanently stored on -site. Temporary storage volumes will be kept to a
level, which will not impede facility operations. The transfer station has an approximately
80 foot x 80 foot MSW tipping area and an attempt will be made to remove all putrescible and
industrial waste from the facility on a daily basis. Stored waste must be kept inside on the
tipping floor or in an enclosed container at all times. The tipping floor would be within an
enclosed area where no precipitation would come into contact with the waste. Typically, wastes
would remain on -site for less than 24 hours, except during extreme weather conditions or other
contingency situations.
Additional and longer -term storage is proposed for recyclables. On -site storage of rccyclables
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Hydrogeologists • Engineers • Environmental Scientists
obtained for this activity in accordance with the Minnesota Statutes. Waste tires are delivered to
a tire recycling facility in Rochester, Minnesota. \
Special provisions will be made when bulky items and appliances come in for temporary storage
so that storage does not impede daily operations. No more than 25 appliances will be stored on -
site. Bulky items and appliances will be removed as needed. Again, the facility does not expect
to receive many of these items.
2.9 ON -SITE RECYCLING
Recycling currently consists primarily of delivery of commingled recyclables. Recyclables
consist of mixed paper loads (cardboard, newspaper, and office paper) and commingled
recyclables such as glass, plastic, tin, etc.
Additional recyclable materials may be accepted on a basis for transfer. As previously stated,
recyclables are delivered to Waste Management's LaCrosse and/or St. Paul material recovery
facilities.
Yard waste would not be transferred from the site and no on -site composting is proposed at the
facility.
3.0 FACILITY OPERATION AND MAINTENANCE PLAN
3.1 GENERAL
This section of the Facility Operation and Maintenance Plan (O&M Plan) is intended to meet the
requirements of the following Minnesota Rules (MR):
• MR Part 7001.3300, subp. P
• MR Part 7001.3400, subp. A (1) through (15)
• MR Part 7035.2865, subp. 4
3.2 HOURS OF OPERATION
The facility would be open for receiving wastes from 5:00 a.m. - 7:00 p.m. Monday through
Saturday. The facility would receive wastes from the general public from 8:00 a.m. — 4:00 p.m.
Monday through Friday.
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A trained operator would be on duty at all times the transfer facility is open. However, the
/ operator may close the facility earlier where weather or volumes received warrant discontinuing
operation of the facility. The transfer facility would be locked and access denied during all non -
operating hours. An exception will be made to this for specially scheduled loads, which would
arrive or leave outside of normal operating hours. Such vehicles would be unloaded only if an
operator and all other personnel necessary to carry out operations in conformance with the
facility permit are present.
3.3 FACILITY ACCESS
The site would be accessed by waste hauling vehicles via the south gate (main entrance) off I Ith
Avenue Southwest. All waste vehicles must be inspected and weighed at the scalehouse located
on site. Access would be maintained to the recycling areas as well as to the MSW tipping area
whenever the facility is operational.
3.4 FACILITY EQUIPMENT
Equipment proposed for routine use at the facility includes the following or equivalent
equipment:
• 110 cubic yard transfer trailers
• Front end loader
• Roll -off boxes and dumpsters
• 43 cubic yard front loaders (Commercial)
• 41 cubic yard front loaders (Residential)
Other equipment is available through other Waste management sites or rental and purchase, if
needed.
3.5 LOADING, UNLOADING, AND HANDLING
All materials would be kept in the tipping floor area and/or containerized unless they are being
loaded or unloaded, with the following exception:
• Solid waste and demolition debris/industrial waste to be processed or temporarily
stored in a designated processing or storage area
All waste and recyclables received and transferred will be quantified by weight for site records.
The amount of waste managed will be accounted for on a daily basis to assure that the facility
does not exceed its proposed annual capacity of 75,000 tons.
As explained in Section 2.7, wastes generated outside Olmsted County will be transferred to
other facilities outside the County (Central Disposal and Timberline Trails). All drivers
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delivering waste to the fac; _ will be required to declare the geograF origin of the waste, with
each load being weighed on the scale prior to tipping. In this way, wastes generated outside of
Olmstead County are assured to be delivered to facilities outside the County, and wastes
generated within the County will be delivered to the incinerator or the Kallmar Landfill.
3.5.1 N1SW
All NNW and putrescible industrial waste will be directed to the tip area, as shown in Appendix
B, Figure 2. The waste would then be unloaded on the concrete tipping area. Typically, few
recyclables arc extracted from the MSW, as this waste comes from residential areas already
practicing source separation. Wastes will be transferred on a daily basis.
3.5.2 Construction and Demolition Debris
Construction and demolition debris and non-putrescible industrial waste will be directed to the
tipping floor area and separated from the MSIt' for transfer.
3.5.3 Recyclables
Recyclables will be stored in the designated areas within and adjacent to the building (refer to
Appendix B, Figure 2), and delivered to Waste Management's LaCrosse and/or St. Paul's
material recovery facility. Recyclables will be direct -loaded into transfer trailers using a front-
end loader. Batteries will be stored in a dedicated area when received.
3.5.4 Wastes Industrial
Minimal industrial wastes are expected to be delivered to this facility. Industrial wastes will be
stored in enclosed trailers and/or on the tipping floor until transferred. Special handling and
storage requirements are further identified in the Industrial Solid Waste Management Plan for
this facility (Section 4.0).
3.5.5 Facility Egress
Vehicles will exit via the main entrance of the transfer facility (Refer to Appendix B, Figure 3).
3.6 NUISANCE CONTROL
Waste will be containerized as much as possible at the site. The tip floor will be scraped or
swept daily to minimize dust and disease vectors. Fencing and litter pickup will be conducted as
necessary, but at minimum, on a weekly basis in order to minimize wind-blown litter.
3.7 FACILITY MAINTENANCE
Maintenance procedures will include regularly scheduled maintenance of equipment according to
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manufacturer's specifications. Access ways will be swept and potholes or other damage repaired
as necessary. The facility will be thoroughly cleaned on an as -needed basis, and all residuals will
be disposed of properly. The tipping floor will be cleaned monthly at a minimum. The proposed
facility would utilize dry clean up methods in order to minimize the introduction of water into
MSW.
3.8 SECURITY
The entrance gates and buildings will be locked when the transfer facility is closed. No
trespassing signs will be located near the site entrance.
3.9 OPERATOR TRAINING
Personnel training will be recorded in the facility operating record, and dates and types of
training will be included in the Annual Operating Report. At present no MPCA training program
is established for transfer station operations so training is implemented by the Owner.
New employees will be subject to an on-the-job training program, and will be trained within
six months of employment. Training updates are conducted routinely, addressing all procedures
and requirements. If an MPCA operator certification program is created for transfer station
operators, a new training schedule utilizing the MPCA program will be developed and
implemented.
Copies of the approved Contingency Plan, Emergency Response Plan, Operation and
Maintenance Plan, Industrial Solid Waste Management Plan, and Closure Plan will be available
at the facility at all times for use by the operator and facility personnel. Employees will be
trained on the application of these plans.
3.10 INSPECTION
Inspections will be conducted by the facility manager and necessary actions taken to maintain a
clean, safe, and secure site. A copy of the inspection form and self -inspection checklist used by
Waste Management for transfer stations is included in Appendix E. A summary of the type of
inspections to be performed and their respective frequency is included in Appendix A, Table 2.
In addition, informal daily inspections will be done as a "trouble -shooting" measure.
A log of inspections will be maintained in the facility operating record. The log will include the
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name of the inspector, the date and time of inspection, observations made, the items inspected,
and the date and nature of repairs. This information will be summarized in annual reports
submitted to the MPCA.
3.11 SAFETY AND EMERGENCY PROCEDURES
An operator who is qualified to implement and monitor site safety procedures will be on duty at
all times. An Emergency Response Plan for this facility is included in Appendix F.
3.12 OPERATING RECORD
An operating record for the facility will be maintained. The information will include:
• Description and quantity of all incoming waste, according to the following
categories:
• MSW
• Industrial waste
• Demolition/construction waste
• Recyclables
• Other
• Origin of each incoming load, including deliverers name, address, and telephone
number;
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Hydrogeologists - Engineers • Environmental Scientists
• Description and quantity of each outgoing load, according to the following
l categories:
• Transfer waste
• Recyclables
• Destination of each outgoing load
• Amounts and types of industrial wastes received
• Summary reports and details for corrective actions
• Records and results of inspections
• Records of all equipment maintenance
Records for the above information will be maintained for at least five years following closure of
the facility and will be made available for inspection by the MPCA, Olmsted County, and the
City of Rochester.
3.13 ANNUAL REPORTING
The Annual Operating Report will be submitted by February 1st of each year for the previous
calendar year. The information to be reported will be as specified in MR Part 7035.2585 and
includes:
• Personnel training documentation
• Monthly summary of waste types and quantities accepted and transferred, with their
origins and destinations, respectively
• Summary of inspections and maintenance
• Assessment of the closure and contingency action plans
The annual report will be certified by the Operator and a copy will be submitted to the MPCA.
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4.0 INDUSTRIAL SOLID WASTE MANAGEMENT PLAN
4.1 GENERAL
Industrial wastes are not generally accepted at the transfer station. Those wastes specifically not
to be accepted at the transfer station were detailed in Section 2.6 of this Application.
The determination of unacceptable waste will be made by a trained site operator. It is the policy
of Waste Management, hereinafter referred to as the Operator, that all requests for transfer of
non -hazardous industrial wastes through the transfer station, hereinafter referred to as the facility,
will follow the procedures for evaluation, handling, and disposal identified in this plan. This
plan will be amended and submitted to the MPCA whenever the management practices or wastes
identified have changed.
4.2 PROCEDURES FOR RECEIVING INDUSTRIAL WASTE
The operator will notify haulers of what wastes are acceptable at the facility. Persons or
companies intending to deliver industrial wastes to the transfer facility will be required to
complete the waste inventory and certification forms (refer to Appendix G). Only wastes
non -hazardous and which are pre -approved will be accepted. The waste is inspected by facility
personnel to verify that the volume and type of material delivered is properly recorded.
4.3 RECEIPT OF UNACCEPTABLE INDUSTRIAL WASTES
Receipt of industrial wastes, which are specifically not accepted at the transfer facility, may
occur. The materials will be handled as follows:
1) The responsible transporter will be instructed to remove the industrial waste from the
transfer station. The responsible parry will be advised that the Waste Management
Transfer Station cannot accept the waste, and a load rejection form (refer to Appendix
G) will be completed.
2) If the party responsible for depositing the industrial waste cannot be identified, the
facility operator will take steps required to isolate and remove the waste from the
transfer station. A list of facilities, which handle industrial waste, will be maintained at
the transfer station. These facilities will be contacted to aid in the disposal of the
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Hydrogeologists • Engineers • Environmental Scientists
industrial waste.
4.4 SPECIAL INDUSTRIAL WASTE CONSIDERATIONS
The transfer station expects to handle a very small quantity of industrial waste. Waste generators
will be notified through billings and upon entering the facility of products not accepted at the
transfer station. The facility operator will have the authority to reject loads based on content.
4.5 CONTACTS AND TELEPHONE NUMBERS
In the event that questions or problems arise related to industrial wastes, several outside agencies
may be consulted. The following list of agencies and telephone numbers will be maintained at
the site:
Aizen
Minnesota Technical Assistance Program
MPCA (Rochester Office)
Olmsted County Solid Waste Department
Phone Number
612-627-4646
507-285-7343
507-252-8508
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Page 14
5.0 CLOSURE PLAN
5.1 GENERAL
Upon termination of transfer operations at this facility, the operator is obligated to appropriately
close the facility.
The contact office after closure is:
Mr. Troye Healey
Waste Management
6670 11th Ave. SW
Rochester, Minnesota 55902
5.2 NOTIFICATION OF FINAL CLOSURE
Final closure will begin within 30 days after receiving the last shipment of waste. The final
closure process will, at a minimum, include the following preliminary notifications:
• The MPCA Commissioner will be notified 90 days before closure activities begin.
• A closure notice will be posted 60 days prior to closing. Date of closure and
alternate disposal sites will be indicated.
• A notice of closure will be published in a local newspaper 30 days prior to closure.
A copy will be sent to the MPCA Commissioner.
5.3 CLOSURE SCHEDULE
There is currently no planned closure date for the proposed facility. It is anticipated that actual
closure will take between 30 and 60 days.
5.4 CLOSURE PROCEDURES
At final closure, all waste or waste residue will be removed from the facility to appropriate
processing or disposal facilities. The facility and tipping areas will be washed down and treated
with vector prevention measures. Equipment will be salvaged or reused to the extent possible.
Buildings may have future use for other purposes. The fence around the facility perimeter will
remain intact for security reasons until the site is redeveloped. This will discourage unauthorized
entrance upon or use of the site by the public.
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5.5 CERTIFICATION OF FINAL CLOSURE
Upon completion of activities for Final Closure, a closure documentation report, signed by the
Owner and a professional engineer registered in the State of Minnesota, stating that the entire
facility has been closed in accordance with approved plans and specifications, will be submitted
to the MPCA.
5.6 DEED NOTATION
The Owner will record a notation on the deed to the property, or on some other instrument
normally examined during a title search. The notation will, in perpetuity, notify any potential
purchasers of the property of any special conditions or limitations for use of the site. The
notation will include record drawings for the facility. A copy of the notation carrying the County
Recorder's seal will be included with the final closure certification.
5.7 CLOSURE COST ESTIMATE
A summary of estimated closure costs for the proposed facility is included in Appendix C, Table
3. The cost estimates are made using 2000 prices.
Closure cost estimates will be updated to reflect any changes in design, closure plans, or site
conditions.
5.8 AMENDMENT OF CLOSURE PLAN
If appropriate, an updated closure plan will be prepared and submitted to the MPCA for
approval, with the Annual Operating Report, no later than February 1 st for the previous year.
The update will address any change in the operating plan or facility design affecting closure
procedures or any change that affects the expected year of closure. The update will also address
inflation in relation to closure costs and any new items that affect closure costs.
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6.0 CONTINGENCY ACTION PLAN
6.1 GENERAL
This section of the report presents the Contingency Plan for the proposed Rochester Transfer
Station in Rochester, Minnesota, in accordance with MR 7035.2615.
The purpose of this plan is to:
• Identify potential occurrences at the facility such as natural disasters, vandalism,
accidents, or failure of design features that could lead to release of contaminants and
endanger human health and the environment.
• Identify the management chain -of -command authorized to respond to contingency
situations.
• Establish the sequence and timing of response actions that would minimize hazards
to human health and the environment.
• Identify equipment needed to remediate each occurrence.
• Identify any possible prior arrangements to be made with contractors in order to
assure timely and effective response action.
• Estimate the costs associated with response actions.
Section 6.2 identifies the types of potential occurrences at this proposed transfer facility, which
are addressed in this contingency action plan. It also describes contingent corrective action
procedures, including the sequence and timetable, to be followed in case any of the events occur.
Finally, it presents estimated costs for the identified contingency actions. Section 6.3 addresses
plan amendment procedures.
A copy of this plan will be kept at the facility at all times for reference by on -site and operations
personnel and regulatory inspection personnel.
6.2 EVENTS REQUIRING CORRECTIVE ACTION
Many of the contingency events to be discussed in the following section may require an
emergency response. An Emergency Response Plan has been prepared and is included in
Appendix F. In the event of an emergency at the site, the facility manager will assume
responsibility to take the actions necessary to minimize hazards and correct problems. The
chain -of -command for contingency or emergency events at the site is as follows: employee
reports to the facility operator who reports to the general manager (Mr. Troye Healey) who
reports to the corporate risk manager.
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6.2.1 Vandalism
Vandalism could possibly affect the site security system, or the equipment, resulting in the need
for repairs. Also, incidental damage, such as broken windows on the office trailer, may occur.
Generally, vandalism will not cause a loss of a piece of machinery, but will only result in the
need for repairs. The Owner has access to additional end loaders, bobcats, and transfer trailers
when needed. The actions listed below assume a case in which the most expensive piece of
equipment must be replaced and some incidental damage must be repaired. The sequence of
events would be:
• Detennine extent of damage - 1 hour
• Arrange for equipment replacement - 1 day
• Repair incidental damage - 1 day
The estimated cost is approximately $3,000 for incidental damages.
6.2.2 Fire
Fires will first be assessed and, if feasible, will be responded to with on -site extinguishers, such
as an equipment fire. The facility will also be equipped with an on -site dry fire extinguishing
system. The fire department will be called immediately if the fire cannot be contained to its
starting point and fought with fire extinguishers. Follow-up to extinguishing the fire includes
repair of all damage and removal of all waste.
• Extinguish fire and assess damage - 1 day
• Repair damage and clean area affected - 1 week
• Remove all waste created by fire - 1 day
• Report to MPCA
The estimated cost to repair one damaged building, clean up the affected area, and dispose of any
waste is estimated at $5,000.
6.2.3 Explosions
If an explosion occurs at the site, the first step taken will be to assure that no injuries occurred to
site personnel. If a worker was injured, need for an ambulance will be assessed. If a fire is
associated with the explosion, site personnel will attempt to extinguish it only if it is determined
that no further explosions on the site are possible. If injuries occur, if the fire cannot be
contained, or if another explosion is possible, the fire department will be called immediately.
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Hydrogeologists • Engineers • Environmental Scientists
Follow-up to the explosion includes repair of all damage and removal of all waste created.
• Emergency measures to secure site and extinguish fire - 1 day
• Repair damage and clean affected areas - 1 week
• Remove all waste created - 1 day
• Report to MPCA
The estimated cost to repair one damaged building, clean up the affected area and dispose of any
waste is estimated at $5,000.
6.2.4 Maintenance Downtimes
If, for any reason, the facility cannot accept waste or other material, whether scheduled or
unscheduled, primary customers will be notified, and any refuse trucks arriving at the gate will
be turned away.
6.2.5 Premature Closing
If the facility is required to close prematurely, procedures described in Section 5 of this report
will be followed. The estimated closure cost is approximately $5,000 as indicated in Appendix
C, Table 3. It will take approximately 30 to 60 days to complete closure operations.
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6.3 AMENDMENT OF CONTINGENCY PLAN
As part of the annual report, the adequacy of the contingency plan will be evaluated and, if
applicable, an updated contingency plan will be prepared and submitted to the MPCA for
approval. The update will address any construction, design, operation or maintenance changes of
the facility. It will also address inflation and any unacceptable releases or failures, which occur
at the facility in relation to revised procedures and costs.
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Hydrogeologists • Engineers • Environmental Scientists
CdPy SC'A!2/d YP �6d ate`'
This is a revision to the 3114101 Draft Development Agreement for the Waste Management
Transfer Station and does not constitute an Official Document of the City of Rochester until
approved as to form by the City Attorney and authorized by the Rochester City Council for
execution by the Rochester Mayor and City Clerk.
DRAFT
DEVELOPMENT AGREEMENT
Waste Management Transfer Station
3/19/00
THIS AGREEMENT, is made as of this _ day of , 2001, by and between Waste
Management (hereinafter the "Owner"). and the City of Rochester, a Minnesota municipal
corporation (hereinafter the "City").
WHEREAS. the Owner owns and desires to develop properties within Olmsted County,
Minnesota (hereinafter referred to as the "Project' and i or the "Property") described and shown
on "Exhibit A": and,
WHEREAS. Owner and City agree that a Development Agreement will serve to facilitate the
orderly and efficient development of the Property to the mutual benefit of the Owner, and the
City; and.
WHEREAS. Owner Acknowledges that the Property may impact the adjacent, and in some cases,
inadequate public infrastructure; and.
WHEREAS. the City has outlined certain public improvements and/or facilities which in part
provide needed infrastructure for the development of the Property; and,
WHEREAS. Owner desires to begin the Project prior to many of the necessary improvements to \
the existing infrastructure being in place: and.
WHEREAS. City agrees to allow the development to proceed subject to the execution of an
agreement that addresses the impacts of the Project on the public infrastructure; and
WHEREAS. Owner has submitted to the City an application for a Type lll, Phase II, Restrictive
Development 00-29 Preliminary Plan for development of the Property; and
WHEREAS, Owner requests that the Development Agreement address an operating scenario for
the Transfer Station such that Owner may operate the facility as a Transfer Station for recyclables
and municipal solid waste.
NOW, THEREFORE, in consideration of the mutual benefits to the parties set forth herein, and
other good and valuable consideration. the adequacy of which is hereby acknowledged, Owner
and City agree as follows:
I. OWNER'S OBLIGATIONS.
Annexation. None
2. City/Owner Contract. Owner or its successors who own the Property will execute a
"City/Owner Contract" with the City prior to the commencement of construction, by the
Owner on their respective property, of any public infrastructure associated with local
roadways and/or utilities, (including but not limited to public roadways, watermain, sanitary
sewer or storm sewer) to serve the Project or the grading of the Property. A Grading Plan is
required for the Project. All improvements authorized for construction in the City/Owner
Contract will be paid for by the Owner.
3. Stormwater. Owner acknowledges the development of the property necessitates the need for
stormwater management due to the increase in stormwater run-off rate, the possible
degradation of the stormwater quality and the increase of impervious area within the Project.
a. Owner is responsible to design and construct the Project to effectively manage
the quantity and quality of the existing stormwater runoff from the Property
and mitigate any increase in the stormwater runoff generated by the
development of the Property. This obligation also applies during the
construction phase of the Project.
E
b. The Owner will not be permitted to directly discharge existing stormwater
/ runoff from the Property and any increase in the stormwater runoff generated
by the development of the Property directly to the City's storm sewer system.
c. The Owner must submit a Grading Plan and Drainage Report to the City for
review and approval prior to the issuance of building permits for the
development of the Property.
d. Owner shall construct and regularly maintain the stormwater management
pond(s) approved by the City in a manner consistent with the design of the
pond(s) as reflected on the approved Grading and Drainage Plan for the
Property.
4. Substandard Streets. Owner acknowledges the Project is subject to the City's Substandard
Street Policy.
a. Owner acknowledges the Property is subject to the Substandard Street
Reconstruction Charge along the entire frontages of I Vh Avenue SW and 10"'
Avenue SW. The current industrial rate (8/l/00 through 7/3 1/0 1) for the
Substandard Street Reconstruction Charge is $61.80 per front foot. The total
estimated charge for the 645.17 feet of Property frontage on 11`h Avenue and
the 284.00 feet of Property frontage on 10"' Avenue SW is $57,422.70.
b. Owner agrees to make the entire payment for the Substandard Street
Reconstruction Charge for the entire Property frontage along 10 and I Vh
Avenues SW within 30 days of invoicing after approval of Restricted
Development #00-29 by the City.
Traffic Improvements. Owner acknow9edges the development of the Property creates the
need for additional improvements to the existing public roadway infrastructure. Owner
understands the City's Land Development Manual may require a Traffic Impact
Report Analysis. In lieu of providing said report Owner agrees to the following traffic
improvements:
♦ Owner agrees that access to the site must be limited, by the conditions that
follow, due to existing roadway widths, weight carrying capacity and geometry
along the I I'h Avenue SW corridor between 48th Street and County Road 16 in
the vacinity of the Property.
a. Owner agrees to grant controlled access along I I`h Avenue SW except for the
exit only access point serving the Property as shown on the approved site plan.
b. Owner agrees to grant controlled access along 10"' Avenue SW except for the
two (2) access points serving the Property as shown on the approved site plan.
c. Owner agrees to restrict their use of 10'h Avenue SW to only that portion of
10`h Avenue SW abutting the Property.
d. Owner agrees to limit their use of 11"' Avenue SW north of the Property to
only those waste collection vehicles owned, leased or contracted for use by the \
Owner, that are making a weekly collection of mixed solid waste and/or
recyclable materials from those areas within the City of Rochester south of 40"'
Street Sib', west of TH 63 and east of County Road 8.
e- Owner shall dedicate, at no cost to the City, fifty (50) feet of right-of-way
along the centerline of the 11"' Avenue SW corridor across the Property. See
Exhibit B.
f. Owner agrees to grant to the City and without cost to the City, temporary
construction easements for the future reconstruction of I I`h Avenue SW and/or
10"' Avenue SW, if necessary as determined by the City Engineer. Owner
agrees to grant temporary construction easements within 30 days of written
request from the City Engineer to Owner.
g. Owner agrees to pay for traffic control signs including, but not limited to, stop
signs and no parking lying within and adjacent to the Property.
h. Owner agrees that it their sole cost and expense to design and construct to City
standards a northbound right turn lane at the northern intersection of 10"'
Avenue and I I"' Avenue SW to provide safe access to and from the Property.
The design and construction of the right turn lane shall be subject to the review
and approval of the City Engineer and shall be completed prior to the
commencement of Owner's operation of the Transfer Station facility.
6, Sanitary Sewer & Watermain Connection Charges: Owner and Cih agree the Project
Property is subject to water availability and water connection charges. Owner agrees to
obtain the necessary permits and have the required inspections performed in associated with
the closure of the existing private well on the Property. Owner agrees to close the existing
well prior to the eommencement 4 pLfati fth-• of fiSH .. thO PFOPeFlt 1/1i2010
to assure that there is ne a lesser opportunity for contamination of the City's ground water
supply resulting from the operation of the transfer station.
a. Owner agrees to execute a Utility Connection Agreement with the City,
attached as `Exhibit B". The Proverty is eligible for Allowances totaling
$2 750 under the Citv's Water Ouality Protection Program for closure of the
existing well and connection to the city water system.
b. Owner agrees that it is their sole cost and expense to design and construct
storm sewer, water service and sewer service improvements to and on the
Property per plans approved by the City Engineer.
Owner and City agree that the Property is subject to a Water Tower
Availability Charge 11 bAC) for City Project J9266 in the amount of $1,298.94
per acre plus 7.5% interest from 3/6/95. As of 11/8/2000 the total estimated
Tower Charges for the Property is $7,167.12. Owner shall receive $5,555,91
in Water Ouality Protection_ Program Allowances as a credit toward the WAC .
Owner agrees to pay the Charles for the Property within thirty (30) days of
invoicing by the City after approval by the City of a City / Owner Contract
d. Owner and City agree that the Propem is subject to a Watermain Connection
/ Charge for I I" Avenue SW J9305 in the amount of $11,211.55 plus 7.5%
interest from 3/6/95. The property frontage affected by this project equals
645.15 feet. As of 11/8/2000 the total amount for City Project J9305 plus
interest is $15,984.90. Owner agrees to pay the Charges for the Property within
thirty (30) days of invoicing by the Citv after approval by the City of a City /
Owner Contract.
Owner and City agree that the Property is subject to a Watermain Connection
Charge and water service lateral for 10th Avenue SW J9482 in the amount of
$10,884.43 plus 7.5% interest from I/Y2000. The property frontage affected
by this project equals 283 feet. As of 11/8/2000 the total amount for City
Project 19482 plus interest is $11,577.75. Payment is due at the time of closure
of the existing well and connection to the Citv water system, but not later than
I/I/2010.
7. Pedestrian Facilities.
8. Permits.
a. Owner agrees to execute a Pedestrian Facilities Agreement, attached as
"Exhibit C" to address the Owner's obligation for providing pedestrian
facilities in the future along the 10`" Avenue SW and l Vh Avenue SW frontages
of the Property.
b. Owner agrees to dedicate a 10.00 wide pedestrian facility easement along
entire I Ix Avenue frontage of the Property prior to the issuance of building
permits.
a. Owner understands that it is their sole responsibility to obtain all of the
necessary permits for the proposed construction within the Property.
b. The MPCA Permit Application For The Rochester Transfer Station Rochester
Minnesota prepared for Waste Management by Liesch Associates, Inc. dated
August 2000 and all associated and amended conditions shall be incorporated
in its entirety as a condition of the City approval of the Restricted Development
o..,T Plan 400-29. The subsequently issued MPCA Permit and any
associated conditions of that Permit or any future MPCA permit to operate the
transfer station shall be incorporated in its entirety as a condition of the City
approval of the Restricted Development Preliminary Plan #00-29.
c. Owner shall provide the Planning Department with copies of the required and
approved permits from the MPCA to operate the Transfer Station prior to the
issuance of building permits.
d. The future additions shown on the site plan shall be reviewed through the Type
III. Phase II Restricted Development process. Final site plans. including
building elevation and floor plans will be required for future additions.
e. Owner agrees to apply for a Wastewater Discharge Permit as maybe required
by Chapters 76 and 76A of the City's Code of Ordinances for wastewater
discharges from the Property into the City's sanitary sewer prior to the issuance
of building permits.
9. Conditions of Aynroval.
a- Owner agrees with the specific conditions, as approved by the City Council, for
the Restricted Development 400-29, Conditional Use Permit OR Site Plan of
the Project. Owner further agrees that no required site feature specified by the
City Council, through the review process, will be modified without City
Council review and approval.
10. Assessment for Non -Payment In the event Owner fails to make payment according to
terms of the Agreement, the City may assess the unpaid amount, plus interest at a rate of
75%, against the Property for a term not to exceed one (I) year. Owner agrees to waive its
rights to a special assessment hearing as provided in Minnesota statutes Chapter 429 and
further waives all rights to file an appeal of the charges/special assessments costs and benefits
in a court of law. Owner also agrees the City may also initiate an action for specific
performance if the charges are not paid within the time provided.
11. Charge Rate Adjustment. These rates/charges identified in paragraph 4 of this document
will be adjusted annually on August I of each year based on the change in the Engineering
News Record Construction Cost Index as measured in the Minneapolis / St. Paul area during
the preceding twelve-month period.
12. Recording Fee. Purchaser agrees to pay a document preparation and recording fee for the
development of this document in the amount of $62 25 payable to the City of Rochester upon
execution by the Owner.
II. CITY'S OBLIGATIONS.
1. The City agrees to accept the dedicated and donated portions of the Property and easements
outlined herein.
H
X. The City agrees to maintain 1 l'h Avenue SW and LC Drive SW in a condition suitable for
Owner's proposed development of the Property.
III. GENERAL PROVISIONS.
/ I. Waiver and Amendment. This agreement will not be altered, modified, supplemented, or
amended in any manner whatsoever except by written agreement signed by both parties.
2. Entire Agreement. This agreement constitutes the entire agreement between the parties.
There are no understandings, agreements, or representations, oral or written, beyond those
specified in this agreement.
3. Successors and Assigns. The obligations set forth in this document will apply to the Owner,
its successors or assigns.
4. Ordinances. Except as otherwise expressly provided herein, the Owner and the City
acknowledge that they will remain subject to all applicable City ordinances, policies, and
other governmental regulations.
5. Force Maieure. If either party fails to perform under this Agreement because of any delays
caused by fire, flood, explosion, hurricane, earthquake, tornado, wind storm, heavy rain
storm, unusually inclement weather. or other casualty, strikes, walk -outs, labor disputes,
governmental laws or regulations. unavailability of labor or materials, contractor delays, or
other similar causes beyond either party's control, performance by such party will be
extended for the period of time attributable to such causes.
6. Governing Law. This Agreement will be governed by and construed in accordance with the
laws of the State of Minnesota.
Notices. Any notice or election herein required or permitted to be given or serviced by any
party hereto upon the other will be in writing and delivered in person, by facsimile,
recognized overnight delivery service (i.e., Federal Express, UPS, etc.), or sent by United
States certified or registered mail. postage prepaid, addressed as follows:
If to Owner
Attention:
Facsimile No.:
MN
If to the City: City of Rochester
Attention: Michael J. Nigbur
Rochester Public Works Department
201 4'h Street SE
Rochester, MN 55904
Facsimile No.: 507/281-6216
Any such communication, if mailed as provided herein, will be deemed to have been received
on the expiration of four (4) business days after mailing. Any such communication, if sent by
recognized overnight delivery service (i.e., Federal Express, UPS, etc.) will be deemed to
have been received on the first business day after the communication is sent by such means.
Any communication personally delivered or sent by facsimile will be deemed to have been
given upon delivery thereof in the manner above provided on the date delivered. If the last
day of a period within which either party is required or allowed to provide a notice, demand.
offer, election. acceptance or other communication hereunder should fall upon a Saturday.
Sunday or legal holiday then, the nest full business day will be included in such period and
such notice, offer, demand, request or communication may be made and given on such next
full business day.
Dated this _day of , 2001.
1 IN WITNESS WHEREOF, the parties set their hands and seals as of the date and year first above
written.
CITY OF ROCHESTER, a Minnesota Waste Management
Municipal Corporation
Its Mayor
Attest:
Its City Clerk
STATE OF MINNESOTA)
) ss
COUNTY OF OLMSTED )
By:
President
By:
Vice -President
The foregoing instrument was acknowledged before me this day of
2001, by Charles Canfield and Judy Scherr, the Mayor and acting City Clerk,
respectively, of the City of Rochester, a Minnesota municipal corporation, on behalf of the
corporation.
Notary Public
STATE OF MINNESOTA)
) ss
COUNTY OF OLMSTED )
The foregoing instrument was acknowledged before me this _ day of 2001,
by and
the and
respectively. who acknowledged that they were authorized to execute this Agreement
Notary Public
0
EXHIBIT A
DRAWING OF PROJECT PROPERTY
To be provided by City at a later date.
m
I
UTILITY CONNECTION AGREEMENT
This AGREEMENT, made this day of , 2001, by and
between WASTE MANAGEMENT, (hereinafter referred to as "Owner"), and the City of
Rochester, a Minnesota municipal corporation (hereinafter referred to as "City"),
WITNESSETH:
WHEREAS, Owner owns certain real property located in the City of Rochester,
Olmsted County, Minnesota described as follows:
Lots I, 4 and 5 of Block 2, Airport Industrial Park Subdivision
(hereinafter referred to as "the Property"); and,
WHEREAS. Owner has agreed to connect the Property to the public water system; and,
WHEREAS: Property is located within the corporate limits of the City; and,
WHEREAS, City is willing to grant permission to the Owner to connect the Property to the
public water system under the terms and conditions set forth herein.
NOW, THEREFORE. in consideration of the mutual premises set forth, it is agreed between
the parties as follows:
I . City grants the Owner permission to connect the Property to the public water system.
2. Owner acknowledges that the Property is subject to a Water Connection Charges for
I I" Avenue SW (J9305) and 10" Avenue SW (J9482), and a Water Availability
Charge (9266) for the benefit received from the public water system. The estimated
amount of Charges attributable to the Property are as follows:
I I" Avenue SW Water Connection Charges (estimated charges)
645.15 feet x $14.8703 per foot = $9.593.57 plus interest at 7.5% from
3/6/95 until the date paid.
10"i Avenue SW Water Connection Charges (estimated charges)
283.00 feet x $11.7504 per foot = $8.985.38 plus interest at 7.5% from
1/3/00 until the date paid.
Water Availability Charge (estimated charge)
Lot I; 1.40 acres x $1.298.94 per acre plus interest at 7.5% from 3/6/95 \
until the date paid.
Lot 4; 1.27 acres x $1,298.94 per acre plus interest at 7.5% from 3/6/95
until the date paid.
Lot 5; 1.20 acres x $1.298.94 per acre plus interest at 7.5% from 3/6/95
until the date paid.
4. The actual amount of Water Connection Charges and Water Availability Charges
attributable to the Property will be calculated by the City at the time of payment. Owner agrees to
accept and pay the actual amount of Water Connection Charges and the actual amount of Water
Availability Charges.
5. Payment of the I I"' Avenue SW Water Connection Charges and Water Availability
Charges attributable to the Property shall be made within 30 days of invoicing by the City after
approval of a City / Owner Contract to connect the Owner's Project to the I 1 " Avenue watermain. If
payment is not made pursuant to the Development Agreement, the Owner agrees to have the non-
payment of the connection charges and availability charges considered delinquent pursuant to
Rochester Code of Ordinances. Chapter 28. and assessed against the Property as "unpaid charges" as
therein provided.
6. Payment of the 10"' Avenue SW Water Connection Charges and Water Availability
Charges attributable to the Property shall be made within 30 days of invoicing by the City after
closure of the existing private well and connection of the Property to the City water system, but no
later than 1/31/2010. If payment is not made pursuant to the Development Agreement, the Owner
agrees to have the non-payment of the connection charges and availability charges considered
delinquent pursuant to Rochester Code of Ordinances.. Chapter 28, and assessed against the Propem
as "unpaid charges" as therein provided.
7. The sale or transfer of the property will not require immediate payment in full, providing
the "unpaid charges" payment obligations are legally transferred to or otherwise assumed by the
12
new owner or owners. Owner shaI I provide written evidence of the assumption of this obligation
immediatelc upon closing or Owner shall remain personally liable for any amounts specifically
identified herein.
8. If Owner breaches paragraph 6 of the Agreement by failing to make connection to the
public water system and closing the septic system by January I, 2010, this Agreement shall be
considered to have been made under the provisions of the City's special assessment policy and the
City shall be entitled to levy a supplemental charge consistent with that policy. The amount of the
supplemental charge attributable to this Property is $5,555.90, plus 7.5% simple interest from the
date of this Agreement to January 1, 2010. Owners shall receive credit for any amounts paid prior to
January 1, 2010, under the Utility Connection Agreement.
9. Owner hereby waives notice and hearing as to the levying of the connection charges and
availability charges proposed herein, including the supplemental charges (referred to in paragraph 8
above), and agrees to pay these amounts and not contest the validity of the charges when levied,. in
any subsequent judicial proceeding.
10. The City has determined that the developed Property is eligible to participate in the
City's Water Quality Protection Program adopted on December 21, 1998. Under this Program the
Property is eligible to receive certain. Allowances for public and private improvements to connect the
Property to the public water system.
a. The Allowances for public improvements will reduce the amount owed by the Owner to
the City. The amount of Allowances are the actual cost not to exceed the following limits:
Pubic Improvements
Water Availability Charge $1,298.94 per lot plus interest from 3/6/95 until
the date paid.
b. The Allowances for private work will be paid by the City directly to the Owner's licensed
contractor(s). pursuant to the terms and conditions of the Water Quality Protection Program Policies.
The amount of Allowances are the actual cost not to exceed the following limits:
Private Improvements
Water Service Lateral $1,000
Water Service Connection $750
Well Closure $1,000
13
c. The Allowances for public improvements will not be reduced from the amount owed by \
the Owner to the City and the Allowances for private work will not be paid by the City to the
Owners licensed contractor(s) until every item of work on the Property is completed.
11. The obligations of the parties hereunder shall bind their heirs, successors and assigns,
and shall be deemed a covenant running with the property.
Dated at Rochester, Minnesota this day
OWNER
m
CITY OF ROCHESTER
3M
WASTE MANAGEMENT ITS MAYOR
ITS CITY CLERK
STATE OF MINNESOTA)
) SS
COUNTY OF OLMSTED)
On the day of 2001, of
Waste Management, personally appeared before me and acknowledged they executed the foregoing
as their own free act and deed.
Notary Public
STATE OF MINNESOTA)
) SS
COUNTY OF OLMSTED)
The foregoing instrument was acknowledged before me on this day of
2001, by Charles J. Canfield and Judy K. Scherr, the Mayor and City Clerk.
respectively, of the City of Rochester, a Minnesota municipal corporation, on behalf of the
corporation.
Notary Public
14
5
EXHIBIT C
PEDESTRIAN FACILITIES AGREEMENT
THIS AGREEMENT, made as of this _ day of . 2001, by Waste Management.
hereinafter referred to as "Owner," and the City of Rochester, a Minnesota municipal
corporation. hereinafter referred to as "City."
WHEREAS, the Owner owns and desires to develop properties within Olmsted County,
Minnesota, described on the preceding Exhibit A and hereinafter referred to as "Project";
WHEREAS, Owner and City agree that a Pedestrian Facilities Agreement will serve to facilitate
the construction of required pedestrian facilities to serve the Project, to the mutual benefit of the
Owner, adjoining property owners and the City; and,
WHEREAS, there exist practical difficulties that have been acknowledged by the Owner and the
City, that hamper the immediate construction of the required pedestrian facilities concurrent with
the development of the Project.
NOW, THEREFORE, in consideration of the mutual benefits to the parties set forth herein, and
other good and valuable consideration, the adequacy of which is hereby acknowledged, Owner
and City agree as follows:
OWNER'S OBLIGATIONS
I. The Owner agrees that the following pedestrian facilities are required to serve the Project and
may not practically be constructed concurrent with development:
A five (a) foot wide concrete sidewalk along the frontage of 10°i Avenue SW abutting
the Property.
A ten (10) foot wide bituminous pedestrian path alone the entire frontage of IP"
Avenue SW abutting the Property.
2. The Owner agrees that it is at the sole discretion of the City to determine when the required
pedestrian facilities wilt be constructed, and to determine when payment for said facilities
will be required of the Owner. The City agrees that the pedestrian facilities to serve the
Property will be constructed by the City consistent with the pedestrian plan for the general
area of the Property and at a time concurrent with the construction of other pedestrian
facilities along I Vh Avenue SW and/or 10°i Avenue SW necessary to serve other property
within the general area of the Property.
3. A. The Owner agrees to have all costs associated with providing the required pedestrian
facilities, described in 41 above, levied against the Property, as a special assessment, payable
over a period of time not to exceed one (I) year.
OR
B. Upon notice by the City of a proposed Pedestrian Facilities construction project, the
Owner may coordinate. with City staff, to privately contract to have the required facilities
15
constructed. at the Owner's own expense, within a timeframe that is acceptable with City
Engineer. \
4. The Owner agrees that if the required pedestrian facilities are to be constructed under the
terms of 43B above. and completion of the work is not completed within the time agreed
upon by the City, the City may complete the work and assess all applicable charges under the
terms of 93A above.
If the required pedestrian facilities are constructed under the terms of #3A above, the Owner
agrees to waive any and all legal rights it may have to contest the levying of assessments for
the agreed upon required pedestrian facilities, and furthermore, that the validity of said
assessments will not be contested.
6. The Owner hereby grants to the City a temporary construction easement, of reasonable width,
for the construction of the pedestrian facilities within the right-of-way.
CITY'S OBLIGATIONS:
The City agrees to allow the Owner to proceed with the development of the Property subject to
the provisions of this Agreement, and compliance with all other applicable City Codes, Ordinance
provisions, and any other Agreements between the City and the Owner, which pertain to this
Property.
GENERAL CONDITIONS:
1. This agreement shall not be waived, altered, modified.. supplemented, or amended in any
manner whatsoever except by written agreement signed by both parties.
Z. This agreement constitutes the entire agreement between the parties pertaining to pedestrian
facilities for the Project. There are no understandings, agreements, or representations, oral or
written, beyond those specified in this agreement.
3. The obligations set forth in this document shall run with the land and shall apply to the
Owner, his/her heirs, his/her successors or assigns.
4. This agreement shall survive closing.
5. The Owner and the City are subject to other regulations. ordinances and policies in effect
including, but not limited to: zoning ordinance, grading ordinance, drainage policies, building
code requirements, substandard street charges and parkland dedication.
6. This agreement is subject to the approval of the Rochester City Council.
W1
Dated this _ day of . 2001.
IN WITNESS WHEREOF, the parties set their hands and seals as of the date and year first above written.
City of Rochester, a Minnesota
Municipal Corporation
By
Its Mayor
Its City Clerk
STATE OF MINNESOTA)
) SS
COUNTY OF OLMSTED )
Waste NIanagement
By
President
By
Vice -President
The foregoing instrument was acknowledged before me this day of
2001, by Charles Canfield and Judy Scherr, the Mayor and City Clerk, respectively, of the City of
Rochester, a Minnesota municipal corporation, for and on behalf of the municipal corporation.
Notary Public
STATE OF MINNESOTA)
)SS
COUNTY OF OLMSTED )
The foregoing was acknowledged before me this _ day of , 2001, by
personally known to me to be the persons who executed the
foregoing instrument and acknowledged that they executed the same as their free act and on their own behalf.
THIS INSTRUMENT DRAFTED BY
Rochester Public Works Office
201 4`h St SE, Room 108
Rochester. Minnesota 55904
Notary Public
17
EXHIBIT B
UTILITY CONNECTION AGREEMENT
This AGREEMENT, made this day of , 2001_, by and
between WASTE MANAGEMENT, a Corporation (hereinafter referred to as "Owner"), and the
City of Rochester, a Minnesota municipal corporation (hereinafter referred to as "City"),
WITNESSETH:
WHEREAS, Owner owns certain real property located in the City of Rochester,
Olmsted County, Minnesota described as follows:
(hereinafter referred to as "the Property"); and,
WHEREAS, Owner has requested permission from the City to connect the Property to the
public water system; and,
WHEREAS; Property is located outside the corporate limits of the City; and,
WHEREAS, City is willing to grant permission to the Owner to connect the Property to the
public water system under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual premises set forth, it is agreed between
the parties as follows:
3. City grants the Owner permission to connect the Property to the public water system.
4. Owner acknowledges that the Property is subject to a Water Connection Charges for
I I"' Avenue SW (J9305) and 10"' Avenue SW (J9482), and a Water Availability
Charge (9266) for the benefit received from the public water system. The estimated
amount of Charges attributable to the Property are as follows:
I I th Avenue SW Water Connection Charges (estimated charges)
645.15 feet x $14.8703 per foot = $9.5 33.57 plus interest at 7.5% from
3/6/95 until the date paid.
18
10°i Avenue SW Water Connection Charges (estimated charges)
/ 283.00 feet x $31.7504 per foot = $3,985.38 plus interest at 7.5% from
1/3/00 until the date paid.
Water Availability Charge (estimated charge)
Lot 1; 1.40 acres x $1,298.94 per acre plus interest at 7.5% from 3/6/95
until the date paid.
Lot 4; 1.27 acres x $1,298.94 per acre plus interest at 7.5% from 3/6/95
mail the date paid.
Lot 5; 1.20 acres x $1,298,94 per acre plus interest at 7.5% from 3/6/95
until the date paid.
4. The actual amount of Water Connection Charges and Water Availability Charges
attributable to the Property will be calculated by the City at the time of payment. Owner agrees to
accept and pay the actual amount of Water Connection Charges and the actual amount of Water
Availabilit} Charges.
5. Payment of the I 1 "' Avenue S`rV Water Connection Charges and Water Availability
Charges attributable to the Property shal I be made within 30 days of invoicing by the Cityafter
approval of a City / Owner Contract. If payment is not made pursuant to the Development
Agreement. the Owner agrees to have paN ment of the connection charges and availability charges
considered delinquent pursuant to Rochester Code of Ordinances, Chapter 28, and assessed against
the Propem as "unpaid charges" as therein provided.
6. Payment of the 10°i Avenue SW Water Connection Charges and Water Availability
Charges attributable to the Property shall be made within 30 days of invoicing by the City after
closure of the existing private well and connection of the Property to the City water system, but no
later than l l31/2010. If payment is not made pursuant to the Development Agreement, the Owner
agrees to ha%e payment of the connection charges and availability charges considered delinquent
M
pursuant to Rochester Code of Ordinances, Chapter 28. and assessed against the Property as "unpaid
charges' as therein provided.
7. The sale or transfer of the property will not require immediate payment in full, providing
the "unpaid charges" payment obligations are legally transferred to or otherwise assumed by the
new owner or owners. Owner shall provide written evidence of the assumption of this obligation
immediately upon closing or Owner shall remain personally liable for any amounts specifically
identified herein.
8. If Owner breaches paragraph 7 of the Agreement by failing to make connection to the
public water system and closing the septic system by January 1, 2010, this Agreement shall be
considered to have been made under the provisions of the City's special assessment policy and the
City shall be entitled to levy a supplemental charge consistent with that policy. The amount of the
supplemental charge attributable to this Property is $5,555.90, plus 7.5% simple interest from the
date of this Agreement to January 1, 2010. Owners shall receive credit for any amounts paid prior to
January 1, 2010, under the Utility Connection Agreement.
9. Owner hereby waives notice and hearing as to the levying of the connection charges and
availability charges proposed herein, including the supplemental charges (referred to in paragraph 8
above), and agrees to pay these amounts and not contest the validity of the charges when levied, in
any subsequent judicial proceeding.
10. The City has determined that the developed Property is eligible to participate in the
City's Water Quality Protection Program adopted on December 21, 1998. Under this Program the
Property is eligible to receive certain Allowances for public and private improvements to connect the
Property to the public water systern.
a. The Allowances for public improvements will reduce the amount owed by the Owner to
the City. The amount of Allowances are the actual cost not to exceed the following limits:
Pubic Improvements
Water Availability Charge $1,298.94 per lot plus interest from 3/6/95 until
the date paid.
20
b. The Allowances for private work will be paid by the City directly to the Owner's licensed
contractor(s). pursuant to the terms and conditions of the Water Quality Protection Program Policies.
The amount of Allowances are the actual cost not to exceed the following limits:
Private Improvements
Water Service Lateral $1,000
Water Service Connection $750
Well Closure $1,000
c. The Allowances for public improvements will not be reduced from the amount owed by
the Owner to the City and the Allowances for private work will not be paid by the City to the
Owner's licensed contractor(s) until every item of work on the Property is completed.
11. The obligations of the parties hereunder shall bind their heirs, successors and assigns,
and shall be deemed a covenant running with the property.
Dated at Rochester, Minnesota this
OWNER
m
WASTE MANAGEMENT
STATE OF MINNESOTA)
) SS
COUNTY OF OLMSTED)
day
CITY OF ROCHESTER
BY
ITS MAYOR
BY
ITS CITY CLERK
On the day of 1 , Waste Management,
aCorporation, personally appeared before me and acknowledged they executed the foregoing as their
own free act and deed.
Notary Public
STATE OF MINNESOTA)
) SS
COUNTY OF OLMSTED)
The foregoing instrument was acknowledged before me on this day of
21
2001, by Charles J. Canfield and Judy K. Scherr. the Mayor and City Clerk,
respectively. of the City of Rochester, a Minnesota municipal corporation, on behalf of the
corporation.
Notary Public
22
!f7"
ROCHESTER - OLMSTED
PLANNING DEPARTMENT
2122 CAMPUS DRIVE SE, ROCHESTER, MN, 55904-4744
PH: (507) 285-8232 FAX: (507) 287-2275
To: Rochester Mayor and Common Council
From: Philip H. Wheeler, AICP, Planning Director
Date: March 27, 2001
Re: Adequate Public Facilities Requirements
At your April 2, 2001 meeting, you will be considering an application for a restricted
development for a solid waste recycling and transfer station. One of the key issues with
this application is the adequacy of 111h Avenue S.W. to handle the weight and number of
vehicles that this use will generate.
On the basis of advice from the City Engineer, we believe that the impact of the proposed
use will damage the road surface on I Ith Avenue SW and LC Drive. The City Engineer
estimates that 11`h Avenue SW is presently built to at most a 7 ton standard. The vehicles
serving this use require a nine- or ten- ton road design. Correcting pavement conditions
and properly aligning the intersection of I Ith Avenue SW with CSAH 16 in order to serve
this use will cost $646,600. With a substandard street charge, the developer would pay
8.9% of this cost, with the balance ($588,406) paid by the City. None of this cost has
been included in the City's six -year capital improvements program.
Our ordinance provides the means for the Council to address a discrepancy between a
proposed use and the street serving it through the application of Adequate Public Facility
Standards. If the public facilities serving a site are not adequate, the Council has the
option of either requiring the applicant to upgrade the facilities or denying the requested
use. Choosing either of these options has the effect of directing uses with special public
facility requirements to sites with adequate public facilities. In this case, such an approach
would result in the use locating in one of the industrial parks in the community with
pavements capable of handling nine -ton or ten -ton loads. Ignoring these options is
equivalent to allowing private developers either to damage public facilities or to
determine the location and timing of the City's capital expenditures, would constitute
unsound urban development and would set a precedent damaging the City's ability to
direct growth to areas with services in place that result in lower public costs.
Unless the deficiencies in the street system serving this use are corrected, Planning staff
recommends that the Council deny the requested use.
r.
ROCHESTER ZONING ORDINACE
AND LAND DEVELOPMENT MANUAL
EXCERPT
60.532 Phase II Hearing Process: The Phase II Procedure shall be as set forth
below:
�) The Council shall have the power to waive subsequent review phases in a
multi -phase review process if requested by the applicant upon findings that:
a) The information considered during the Phase II Hearing Process is sufficient in
nature to demonstrate compliance with all the requirements set forth in this
ordinance.
b) That waiver of the subsequent review phases will not interfere with the purposes
and intent of this ordinance.
c) That the applicant has provided assurance that all conditions or modifications
attached to approval of the project will be met. This assurance shall include, but
shall not be limited to, the filing of revised plans, the provision of necessary
bonds or other surety to cover the completion of projects, or the filing of
necessary legal documents.
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TO: City Planning and Zoning Commission
FROM: Brent Svenby[Theresa Fogarty, Planning Department
DATE: October 25, 2000
0.p CHESTER•:tl/,�,
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TED•AUGGST•�
ROCHESTER-OLMSTED
PLANNING DEPARTMENT
2122 CAMPUS DR SE
ROCHESTER MN 55904-4744
ADMINISTRATION/ 507/285-8232
PLANNING
GIS/ADDRESSING/
MAPPING
HOUSING/HRA
BUILDING CODE
WELUSEPTIC
FAX
507/285-8232
507/285-8224
507/285-8213
5071285-8345
507/287-2275
RE: Type III, Phase II Restrictive Development #00-29 Preliminary Plan by Waste
Management to permit the construction of a 7,140 square foot transfer station. The
transfer station would accept mixed municipal solid waste and recyclable as well as
some industrial and demolition debris type waste. The property is located along the
east side of 11`h Avenue SW and south of 1o`h Avenue SW.
REVISED STAFF RECOMMENDATION:
The applicant, applicant's consultant and attorney have met with staff from the City Public
Works Department and Planning Department to discuss and resolve the issues that were
raised during the review of the proposal. The colors and materials used in the building
would be the same or similar to the existing building located on Lot 1. The following is
additional information on the public facilities (roadways) in the area.
There exists inadequate public facilities to serve the proposed development. The existing
24-foot width with minimum shoulders and load carrying capacity of less than 9 tons on 11`h
Avenue SW between County Road 16 and 601h Street SW is inadequate for the proposed
daily use by 35 or more fully loaded refuse hauling vehicles. The existing distance between
the intersection of 1 Vh Avenue / County Road 16 and the TH 63 ramps is substandard for
intersection spacing and does not provide a sufficient level of safety. This roadway section
was previously a rural township gravel road with a roadbed that failed every spring. Over
the past several years City Public Works Department Street Division crews have added
approximately two feet of fill to each side of the street and added a two (2) inch overlay of
recycled cold mix millings and a two inch overlay of two (2) inch bituminous hot mix. These
improvements are temporary in nature and were intended to provide approximately 5-7
years of service as a 7-ton road. The road would then be reconstructed as a 9 or 10 ton, 36
foot wide road with paved shoulders and adjacent pedestrian facilities.
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
MnDOT, Olmsted County and the City of Rochester have had recent discussions related
to the reconstruction of the existing TH 63 interchange with County Road 16. It is
anticipated that the interchange would be reconstructed in the next ten (10) years. The
ramp intersections with County Road 16 will be moved further away from the bridge
structure to improve sight lines, stopping sight distances and vehicle storage between
ramps. This relocation of the ramps will necessitate the closure of the 11'h Avenue SW
intersection with County Road 16, The 11'h Avenue corridor would be rerouted onto LC
Drive SW to its current intersection with County Road 16. The intersection of 111h
Avenue and LC Drive would be reconstructed from a T-intersection to a minimum 25
MPH curvilinear alignment. The south end of 11 `h Avenue SW would end in a cul-de-sac
just north of County Road 16.
Based on the information contained in the MPCA Permit application, discussions
with the applicant and a revised site plan submitted today, staff would recommend
approval with the following conditions:
1. Execution of a Development Agreement is required prior to the approval
of the Restricted Development Final Plan.
2. A City / Owner Contract must be executed prior to the installation of
public utilities to serve the site which shall include dedicating a 20' utility
easement. Construction plans and specifications must be prepared by the
Owner's engineer and shall be in conformance with City standards and
subject to City approval. The site plan shall be revised to indicate the
located of the utility easement.
3. Stormwater quantity and quality management must be provided on the
site. The City will not permit the direct discharge of site runoff to the City
storm sewer system. Approval of a Grading and Drainage Plan is required
prior to the issuance of building permits.
4. Execution of a Pedestrian Facilities Agreement is required to address
Owner's future obligation for pedestrian facilities along 10'h and 11'h
Avenues SW. Owner agrees to dedicate a 10.00 wide pedestrian facility
easement along entire 11'h Avenue frontage of the property.
5. In order to address the inadequacies of the public facilities as described
above, the Public Works and Planning staff recommends the following
conditions:
5a. Owner shall be required to pay a Substandard Street
Reconstruction Charge
5b. Owner shall be required to escrow funds in a sufficient amount to
cover the Owner's proportional share of the City's cost of
rehabilitation of those segments of 111h Avenue SW south of the
northern intersection of 10`h Avenue and 111h Avenue SW that
deteriorate and are deemed by the City Engineer to be in need of
repair. Funds shall be escrowed for a period not to exceed ten
(10) years.
5c. The existing substandard intersection of 111h Avenue and County
Road 16 shall be permanently closed and the necessary safety
improvements to the intersection of 111h Avenue SW and LC Drive
SW shall be constructed prior to any future approval by the City
of an increase in the City authorized capacity of the Transfer
Station facility. In addition, the south end of 11`h Avenue shall be
cul-de-saced and sufficiently signed as a dead end. Alternatively,
the Owner may make a contribution to the City for the entire cost
of closing the intersection of 111h Avenue SW and County Road 16
and constructing a cul-de-sac with appropriate street signage
identifying LC Drive SW as the new extension of IVh Avenue SW.
6. Owner shall grant controlled access to the City for the entire frontage of
11'h Avenue SW except for the single access location shown on the Site
Plan.
Owner shall indicate on the Plan the onsite traffic circulation pattern that
shows a vehicles path from the time they enter the site until the time the
leave the site. The revised plan shall show how internal circulation
between Owner's existing and proposed site will be accomplished by this
Plan. The scale location shall be such that vehicles entering the site will
not que back beyond the entrance gate at any time.
8. The MPCA Permit Application For The Rochester Transfer Station
Rochester Minnesota prepared for Waste Management by Liesch
Associates, Inc. dated August 2000 shall be incorporated in its entirety as
a condition of the City approval of the Restricted Development Preliminary
Plan #00-29. The subsequently issued MPCA Permit and any associated
conditions of that Permit shall be incorporated in its entirety as a
condition of the City approval of the Restricted Development Preliminary
Plan #00-29.
9. The following modifications or addition to the MPCA Permit Application
For The Rochester Transfer Station Rochester Minnesota prepared for
Waste Management by Liesch Associates, Inc. dated August 2000 shall be
included as conditions of the City approval of the Restricted Development
Preliminary Plan #00-29:
A. page 2; Section 2.2.2; Modify sentence #8 to read; Stormwater will
not flow dir_ ectly into the City of Rochester storm sewer system, but
will flow into onsite private stormwater quantity and quality
Owner.
B. page 4; Section 2.3; Modify the first sentence of the fifth paragraph
to read; The proposed throughput capacity of the facility is
approximately 200 tons per day and is not to exceed 75,000 tons per
rr•1
of
day. The City's approval of additional operating capacity for MSW
C. page 4; Section 2.4; Modify the first sentence of the second
paragraph to read; The A Stormwater Pollution Prevention
Plan shall be prepared and submitted
to the City for review and approval prior to the issuance of building
permits to account for operations at the proposed facility and
regular inspections will be conducted to prevent stormwater run-off
and/or run-on problems.
D. page 5; Section 2.5; Modify the third sentence of the second
paragraph to read; The driveways, aad parking areas and storage
areas are packed gravel, or to be paved, and will be maintained in a
reasonably dust -free condition.
€-.-. page 5; Section 2.5; Add the following as paragraph three;
F. page 6; Section 2.8; Modify the sixth sentence of the second
paragraph to read; Typically, wastes would remain on -site for less
than 24 hours, except if shorter periods are specified in Section 3.5
of the Permit Application or extreme weather conditions or other
contingency situations.
G. page 7; Section 3.2; Add this third sentence to the first paragraph to
read; Owner agrees to make an application to the MPCA to add
of recycling materials.
H. page 8; Section 3.4; Add this sentence to the end of the second
paragraph to read; No wastes shall be stored in equipment
I. page 8; Section 3.5; Modify the first bullet of the first paragraph to
read; Solid waste and demolition debris/industrial waste to be
processed or temporarily stored in a designated processing or
storage area that is visually screened and is designed to retain wind
blown trash from the public's view.
�. page 9; Section 3.5.2: Add the following sentences to the end of
K. page 9; Section 3.5.3; Modify the first sentence of the first paragraph
to read; Recyclables will be stored in the designated areas within or
adjacent-te the building ... facility.
L. page 9; Section 3.6; Modify the second sentence of the first
paragraph to read; Fencing and litter pickup within and out
and County Road 16 will be conducted as necessary, but at a
minimum, on a weekly basis in order to minimize wind-blown litter
M. page 10; Section 3.7; Modify the fifth sentence of the first paragraph
to read; The proposed facility would utilize dry cleanup methods in
order to minimize the introduction of water into the MSW and there
shall be no discharges from the facility to the Cit 's sanitary sewer
City's Code of Ordinances.
N. page 11; Section 3.10; Add the following sentence to the end of
paragraph four; City and County officials shall be allowed to inspect
O. page 12; Section 3.13; Modify the first sentence of the first
paragraph to read; The annual report will be certified by the
Operator and a copy will be submitted to the MPCA, the City Public
Works Director and the County Public Works Director.
P. page 13; Section 4.1; Modify the third sentence of the second
paragraph to read; This plan will be amended and submitted to the
MPCA, the City of Rochester Public Works Director, and the County
of Olmsted Public Works Director when eve prior to any change in
the management practices or wastes to be received. identified
rahanged.
10. The applicant shall provide information to the Rochester Public Utilities -
Water Division, on the projected water use, along with the planned fire
service providing adequate water quality prior to the issuance of building
permits.
11. Prior to the issuance of building permits, the applicant shall provide the
Planning Department with copies of the required and approved permits
from the MPCA to operate the Transfer Station.
12. The future additions shown on the site plan shall be reviewed through the
Type III, Phase 11 Restricted Development process. Final site plans,
including building elevations and floor plans will be required in the future.
13. The applicant shall provide lighting information at the time of building
permit application. The lighting plan will need to meet Lighting Standard
D.
14. No outside storage of construction and demolition debris waste shall be
allowed on the site.
15. The landscaping shown on the eastern property boundary be moved out
of the 10 foot utility easement.
16. Since a revised plan was submitted today, staff may recommend
additional modifications/conditions prior to the Council meeting, once
other stafflagencies have additional time to review the revisions.
TO: City Planning & Zoning Commission
FROM: Theresa Fogarty, Planner
DATE: October 20, 2000
p"C IIES! E R•li/, I)
r
ka TED.p
ROCHESTER-OLMSTED
PLANNING DEPARTMENT
2122 CAMPUS DR SE
ROCHESTER MN 55904-4744
ADMINISTRATION/
5071285-8232
PLANNING
G I S/ADDRE SSI N G1
5071265-8232
MAPPING
HOUSING/HRA
5071285-8224
BUILDING CODE
507/285-8213
WELUSEPTIC
507/285-8345
FAX
5071287-2275
RE: Type III, Phase II Restrictive Development #00-29 Preliminary Plan by
Waste Management to permit the construction of a 7,140 square foot
transfer station. The transfer station would accept mixed municipal
solid waste and recyclable as well as some industrial and demolition
debris type waste. The property is located along the east side of 11"
Avenue SW and south of 10" Avenue SW.
Planning Department Review
Applicant:
Waste Management Systems
6670 SW 11" Avenue
Rochester. MN 55902
Consultant: A.B. Systems
209 Woodlake Drive SE
Rochester, MN 55904
Property Location and Size: The lot size is approximately one acre, located
along the east side of 11'h Avenue SW and south of
101" Avenue SW. The plan shows all three lots
owned by Waste Management and the existing
buildings and site design.
Zoning: The property is zoned M-1 (Mixed Commercial -
Industrial) district. The property is also within the
Airport Zoning District "C.
�� AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
I O 0/ 0/00
Page 2
Restricte
d Development
Conditional Use Permit #00-29
Adjacent Land Use:
North: The Waste Management Vehicle Storage
and Maintenance Facility. This property is zoned
M-1 (Mixed Commercial -Industrial) on the City of
Rochester Zoning Map. This property is also within
the Airport Zoning District "C".
South: This property is zoned M-1 (Mixed
Commercial -Industrial) on the City of Rochester
Zoning Map and is also within the Airport Zoning
District "C".
East: This property is zoned M-1 (Mixed
Commercial -Industrial) on the City of Rochester
Zoning Map and is also within Airport Zoning
District "C". Some lots are vacant and some lots
have commercial buildings.
West: This property is zoned Agricultural on the
Olmsted County zoning map and is currently
vacant. This property is also within the Airport
Zoning District "C".
Public Utilities:
Water mains connecting to and including any fire
hydrants need to be within a 20' minimum public
utility easement.
If domestic water supply is needed for this building,
information on the projected water use, is
necessary, along with the planned fire service to
provide adequate water quality.
Roadways/Pedestrian Facilities: There are inadequate public street facilities (11`h
Avenue SW and possibly 10" Avenue SW) to
handle fully loaded solid waste vehicles with
unlimited number of loads and load weights utilizing
this facility.
Pedestrian facilities are required along the entire
frontage of 111" Avenue SW and 10' Avenue SW.
Summary of Proposal:
The applicant is proposing 7,140 square foot building to be used as a transfer facility. The
transfer facility will accept up to 75,000 tons per year or 6,250 tons per month of mainly
mixed municipal solid waster (MSW) and recyclables, as well as some industrial and
demolition debris type waste. Tires and applignces will be accepted and stored on -site until
a full load is obtained (approximately one week for appliances and two weeks for tires). No
more than 500 tires and 25 appliances will be stored on -site at a given time. No yard waste
will be transferred to this site.
o, 3 13
Page 3
Restricted Development
Conditional Use Permit #00-29
Access to this site is proposed from Highway 63 to 11"1 Avenue SW. The site entrance and
exit for refuse collection and recycling vehicles is at the south entrance off of 11th Avenue
SW. The driveways and parking areas will be maintained as packed gravel, or paved.
Approximately 15 packer trucks and four roll -off waste hauling vehicles are expected daily.
The facility would be open for receiving waste from 5:00 a.m. - 7:00 p.m., Monday through
Saturday. The facility would receive waste from the general public from 8:00 am - 4:00 pm,
Monday through Friday. Approximately 15 to 20 transfer vehicles will leave the facility daily
hauling away the MSW, recyclables and other demolition debris/industrial waste.
Referral Agency Comments: 1. Rochester Public Works
2. Rochester Public Utilities - Water Division
Attachments: Location Map
Site Plans
Referral Comments (2 letters)
Development Narrative
EXPLANATION OF APPLICATION AND REVIEW PROCEDURES:
The applicant is proposing to develop a waste management transfer facility in the M-1
(Mixed Commercial -Industrial) zoning district. Since waste management transfer facilities
are not a permitted use in the M-1 zoning district, the applicant has proposed the
development by proceeding through the Restricted Development provisions.
The Restricted Development provisions of the Zoning Ordinance and Land Development
Manual (Section 62.700) recognize that certain land uses which are generally not allowed
within a given zoning district can, if regulated, "serve both the public interest and allow a
more equitable balancing of private interests than that achieved by strict adherence to
standard zoning regulations". This application requires a two-step review process,
consisting of a preliminary plan and a final plan. The preliminary plan phase follows the
Type III, Phase Il, procedure with a hearing before the Planning Commission and a hearing
before the Council. The applicant has requested that the final plan review procedure
be waived.
STAFF ANALYSIS:
When evaluating the preliminary development plan, the criteria included in Sections 61.146
and 62.708 of the LDM shall be considered (see attached).
The Planning Staff would suggest the following findings to the criteria found in Section
62.708, in regard to the proposed request:
A. Capacity of Public Facilities: The existing public street facilities (11" Avenue SW and
Possibly 10'" Avenue SW) may be inadequate to handle fully loaded solid waste vehicles
utilizing the facility. The property will be subject to a Substandard Street Reconstruction
nL..-.... i..- a6- [.....J...... __ 1 4th A—_ .- 01A1 --A .-..... -I-- "_ _..61...d a,. - C..a.. r.. 7-fr.-
11
10/20/00
13 Page 4
11 Restricted Development
Conditional Use Permit #00-29
B. Geologic Hazards: No natural or geological hazards have been identified on this
property. Currently the site is undeveloped
C. Natural Features: The site is characterized as moderately sloped terrain The site
run-off is proposed to be regulated through an existing NPDES general stormwater
permit for the adjacent Waste Vehicle Storage and Maintenance Facility Stormwater
will flow into the City of Rochester storm sewer system
D. Residential Traffic Impact: The proposal is not located in a residential area.
E. Traffic Generation Impact:
sufficent area to allow for the safe passage of all vehicles Approximately 15 trucks and
four roll -off waste hauling vehicles are expected to use the facility daily approximately
will generate frequent truck traffic on 11'h Avenue SW which is designated as a
.'collector" roadway on the adopted Thoroughfare Plan The property is subject to a
Ci IhCfnnrinrrf Cfrcaf Rcrnn efn 11finn r`hnr— r f +k. fr...J...... — I Ith A--- CIA/ —A
F. Height Impacts: Subiect to the underlying M-1 (Mixed Commercial -Industrial) district
G. Setbacks: The setbacks proposed for the front, rear and sideyards are consistent with
the minimum setbacks for buildings within the M-1 district
H. Internal Site Design:
area to allow for the safe passage of all vehciles.
I. Screening and Buffering: According to the zoning standards applicable to uses within
landscaping requirements for the transfer station on Lot 5 with canopy trees along the
frnnfnne of I Ith A. r-- C1AI —A ter. o;r kf f^n1 .. L..,7..1:..6 t....... 1...... 8....... f —A .. ,46
J. Ordinance Requirements: The applicant's consultant used the ordinance
requirements in the M-1 (Mixed Commercial -Industrial) zoning district The setbacks,
exterior lighting, sign regulations and landscaping requirements appear to be consistent
with said requirements.
K. General Compatibility: This development is proposed on land that is zoned M-1
Nixed Commercial -Industrial) and is zoned appropriate for commercial and industrial
uses.
r
0 205 133
Page 5
Restricted Development
Conditional Use Permit #00-29
In addition to the standards in Section 62.708, the Commission and Council must
consider the standards for Conditional Uses, Section 61.146.
61.146 Standards for Conditional Uses: The zoning administrator, Commission or
Council shall approve a development permit authorizing a conditional use unless
one or more of the following findings with respect to the proposed development is
made:
(1) Provisions for vehicle loading, unloading, parking and for vehicular and
pedestrian circulation on the site and onto adjacent public streets and ways will
create hazards to safety, or will impose a significant burden upon public facilities.
Pedestrian facilities are required along the entire frontage of 11" Avenue SW
solid waste vehicles utilizing the facility. The property will be subject to a
O k-+- ..1. A c1a.-f !.._ 1 .- !_...J --- -- 41 th A........ CM
Charge.
(2) The intensity, location, operation, or height of proposed buildings and structures
will be detrimental to other private development in the neighborhood or will
impose undue burdens on the sewers, sanitary and storm drains, water or
similar public facilities.
Airport zoning district. Dedication of the applicable utility easement is
necessary, prior to the construction of public watermain and hydrant(s) required
to serve this project.
(3) The provisions for one -site bufferyards and landscaping does not provide
adequate protection to neighboring properties from detrimental features of the
development.
This proposal will be providing 17,000 square feet of landscaping with canopy
trees along the frontage of 111" Avenue SW and an eight foot chainlink fence
along the rear lot line meeting the landscape reauirements of the M-1 zoning
district.
(4) The site plan fails to provide for the soil erosion and drainage problems that may
be created by the development.
Detailed grading and drainage plans will need to be reviewed and approved by
the City prior to the beginning of any construction activity. Storm water
management must also be provided if on site detention is not provided.
0l 0/00
Page 6
Restricted Development
Conditional Use Permit #00-29
(5) The provisions for exterior lighting create undue hazards to motorists traveling
on adjacent public streets or are inadequate for the safety of occupants or users
of the site or such provisions damage the value and diminish the usability of
adjacent properties.
The lighting plan will need to be reviewed and approved prior to issuing a
building permit.
(6) The proposed development will create undue fire safety hazards by not providing
adequate access to the site, or to the buildings on the site, for emergency
vehicles.
A planned fire service and final water main constructions plans will need to be
completed, conforming to the standards for City of Rochester requirements.
(7) In cases where a Phase I plan has been approved, there is a substantial change
in the Phase II site plan from the approved Phase I site plan, such that the
revised plans will not meet the standards provided by this paragraph. NA.
(8) The proposed conditional use does not comply with all the standards applying to
permitted uses within the underlying zoning district, or with standards specifically
applicable to the type of conditional use under consideration, or with specific
ordinance standards dealing with matters such as signs which are part of the
proposed development, and a variance to allow such deviation has not been
secured by the applicant.
This application is being considered through the Restricted Develooment
Conditional Use Permit process. The Property is zoned M-1. The applicant
used the standards applicable to the M-1 zoning district as a guide for the
Restricted Development Permit application. Since this use is not a permitted
STAFF RECOMMENDATION:
The Rochester Public Works Department has indicated that 111" Avenue SW and possibly
10' Avenue SW are inadequate to handle fully loaded solid waste vehicles with unlimited
number of loads and load weights utilizing this facility. Since this is an important issue that
needs to be resolved prior to the proposal moving forward, staff would recommend that this
application be tabled until the applicant is able to work with the Rochester Public Works
Department on a resolution to the inadequate public street facilities. The other option is that
the CPZC could recommend denial of the proposed based on the fact that there are
inadequate public street facilities to serve the proposed development.
l 3-5
62.706 Standards for Approval, Preliminary Development Plan: The Council shall
approve a preliminary development plan if it finds that the development has addresses and
satisfied all the criteria listed in Paragraph 62.708(1), or that a practical solution consistent
with the public interest can be incorporated into the final development plan, or a modification
for the unmet criteria has been granted as provided for in Paragraph 62.712.
62.708 Criteria for Type III Developments: In determining whether to approve, deny, or
approve with conditions an application, the Commission and Council shall be
guided by the following criteria:
Preliminary Development Plan Criteria:
A. Capacity of Public Facilities: The existing or future planned utilities in
the area are adequate to serve the proposed development.
B. Geologic Hazards: The existence of areas of natural or geologic
hazard, such as unstable slopes, sinkholes, floodplain, etc., have been
identified and the development of these areas has been taken into account
or will be addressed in the Phase II plans.
C. Natural Features: For developments involving new construction, the
arrangement of buildings, paved areas and open space has, to the extent
practical, utilized the existing topography and existing desirable vegetation
of the site.
D. Residential Traffic Impact: When located in a residential area, the
proposed development:
Will not cause traffic volumes to exceed planned capacities on local
residential streets;
2. Will not generate frequent truck traffic on local residential streets;
3. Will not create additional traffic during evening and nighttime hours
on local residential streets;
E. Traffic Generation Impact: Anticipated traffic generated by the
development will not cause the capacity of adjacent streets to be
exceeded, and conceptual improvements to reduce the impact of access
points on the traffic flow of adjacent streets have been identified where
needed.
F. Height Impacts: For developments involving new construction, the
heights and placement of proposed structures are compatible with the
surrounding development. Factors to consider include:
[ 3 b
Will the structure block sunlight from reaching adjacent properties
during a majority of the day for over four (4) months out of the year;
2. Will siting of the structure substantially block vistas from the primary
exposures of adjacent residential dwellings created due to differences
in elevation.
G. Setbacks: For developments involving new construction, proposed
setbacks are related to building height and bulk in a manner consistent with
that required for permitted uses in the underlying zoning district.
H. Internal Site Design: For developments involving new construction,
the preliminary site layout indicates adequate building separation and
desirable orientation of the buildings to open spaces, street frontages or
other focal points.
Screening and Buffering: The conceptual screening and bufferyards
proposed are adequate to protect the privacy of residents in the
development or surrounding residential areas from the impact of interior
traffic circulation and parking areas, utility areas such as refuse storage,
noise or glare exceeding permissible standards, potential safety hazards,
unwanted pedestrian/bicycle access, or to subdue differences in
architecture and bulk between adjacent land uses.
J. Ordinance Requirements: The proposed development includes
adequate amounts of off-street parking and loading areas and, in the case
of new construction, there is adequate landscaped area to meet ordinance
requirements.
K. General Compatibility: The relationship of the actual appearance,
general density and overall site design of the proposed development
should be compared to the established pattern of zoning, the character of
the surrounding neighborhood and the existing land forms of the area to
determine the general compatibility of the development with its
surroundings.
11
ROCHESTER
Minnesota
10/20/00
TO: Consolidated Planning Department
2122 Campus Drive SE
Rochester. MN 55904
FROM: Michael J. Nigbur
REVISED 10-20-00
DEPARTMENT OF PUBLIC
WORKS
2010 Street SE Room 108
Rochester, MN 55904-3740
507-287-7800
FAX - 507-281-6216
Public Works has reviewed the requested Restricted Development Preliminary Plan #00-29 by
Waste Management (Airport Industrial Park) property. The following are Public Works
Comments on the proposal:
1. Separate Grading & Drainage Plan approval is required prior to development for this
project.
2. Stormwater Management must be provided.
3. Execution of a City/Owner Contract, and dedication of the applicable utility easement is
necessary, prior to the construction of public watermain and hydrant(s) required to serve
this project.
4. Execution of a Pedestrian Facilities Agreement is required to address the Owner's
responsibility for providing pedestrian facilities along the entire frontage of 110 Ave SW
& 10 Ave SW.
5. There are inadequate public street facilities (1 lb Ave SW & possibly 106 Ave SW) to
handle fully loaded solid waste vehicles with unlimited number of loads and load weights
utilizing this facility.
6. Dedication of controlled access is required along the entire frontage of Wh Ave SW,
with exception of the new access location, as approved.
The following charges/fees are applicable for the development of this property:
:• There are Charges for Watermain Connection, and Water Availability that have a
"Future" status for J9266 & J9305. Charges for these project will be included in the
City -Owner Contract, and/or due upon invoicing by the City.
:• A Stormwater Management charge TBD, if on -site detention is not provided.
13� ROCHESTER
Minnesota
10/20/00
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 property is subject to a Substandard Street Reconstruction Charge of $61.80 per foot
of frontage on 11'° Ave SW, and may also be subject to a future Traffic Improvement
District Capacity Charge.
•: This property has previously been assessed for Trunk Sanitary Sewer Project 7207.
we pledge, we de6rer
October 3, 2000
Rochester -Olmsted
CONSOLIDATED PLANNING DEPARTMENT
2122 Campus Drive SE
Rochester, MN 55904-7996
REFERENCE: Type III, Phase II, Restricted Development, Preliminary Plan #00-29 by Waste
Management to permit the construction of a 7140 SF transfer station on the east side of I I"' Ave SW between
the 10 s Ave. SW intersections.
Dear Ms. Gamess:
Our review of the referenced Restricted Development Request 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 Fire Prevention Bureau will need to comment on the location of the proposed fire hydrant. Water
mains connecting to and including any fire hydrant are considered public and need to be within a 20'
minimum public utility easement. The owner is required to enter into a City Owner Contract with the City
of Rochester for the installation of the public water main. Contact the Land Development Manager (507-
281-6198) at the Public Works Department for details. Final water main construction plans will need to be
prepared by a civil engineer and conform to standard City of Rochester requirements.
3. If a domestic water supply is required for this building we would need information on the projected water
use to determine if a small diameter copper service is necessary, along with the planned fire service to
provide adequate water quality.
4. Additional valves are required for the layout shown, we will work with the applicant's engineering firm
with the revisions.
Please contact us at 507-280-1600 if you have questions.
Very truly yours,
064A R
Donn Richardson
Water
C: Doug Rovang, RPU
Mike Engle, RPU
Mark Baker, City Public Works
Vance Swisher, Fire Prevention Bureau
Geoffrey Griffin, GGG Engineering
A.B. Systems
Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813
telephone 507-280-1540 facsimile 507-280-1542
u O Page 12
1 City Planning and Zoning Commission Minutes
Hearine Date: October 25, 2000
subject to the closure of Woodland Drive SW access to Salem Road SW. (Fo
or
rification — the previous GDP proposed bulbing the frontage road to the
w (e it intersects with Woodland Drive SW, the current GDP proposes mg the
I on a road in its current location at this intersection).
10.In are\heDe the Decorah Shale is disturbed, the intercepted r rge water shall
be reto minimize any disruption of the recharge pro s, where possible.
11. Parklc n requirements for this development s be in the form of cash in
lieu o-
12.The pfrontag ad access to Salem Roa own west of the Henderson
propeequire ad 'onal review, approva nd permits:"The applicantwill
need t an applica to the City for a mit under Section 62.1100Excativities & Sub tial Land AI ion. If a permit is not approved for
the excavation activities or of permit
not obtained by the developer, t GDP
from the GDP.
13. Require the delineation of wetland
Order Soil Survey or the multi-s ral
as that for access to Salem Road are
be revised to eliminate this intersection
igh water table conditions' using a First
etness" maps.`
14. Retain the vegetation and exi g soils o e site. Limit the extent of grading that
can occurwhere the Decor hale is the 1 encountered bedrock. The blue and
green areas on the multi- ctral maps Indic near surface water conditions. It is
important to keep the a ng soils and veget n in place in order to protect the
groundwater recharge ime. If areas do beco disturbed, encourage the planting
of appropriate native getation.
15. Preserve the uni ydric features (springs, seeps, d wetlands) of the site.
Incorporate the eatures into common or public ope pace, linear parks and/or
trailways.
16. Require ve I and lateral setbacks to minimize the disru n of groundwater
recharge. ere the Decorah shale is the first encountered rock, maintain a one -
foot verti setback for structures to the seasonal high water le. In head and side
slope a s, development on the Decorah shale should be avoi and a 75-foot'
lateral tback should be maintained above the Cummingsville- rah contact and
belo a Decorah -Platteville contact."
17. In as where the Decorah shale does become disturbed, require tha a intercepted
r arge water be reinfiltrated to minimize disruption of the recharge Or ss.;
infiltration should mimic natural recharge processes where feasible
Require clay plugs to be installed in utility trenches as a means of malntMni
dispersed groundwater recharge flows. Trenches may inadvertently serve as
subdrainace channels.
Type III, Phase 11 Restrictive Development #00-29 Preliminary Plan by Waste Management
to permit the construction of a 7,140 square foot transfer station. The transfer station
would accept mixed municipal solid waste and recyclable as well as some industrial and
Page 13
City Planning and Zoning Commission Minutes
Hearing Date: October 25, 2000
Mr. Brent Svenby presented the staff report, dated October 20, 2000, and memo dated October
25, 2000, to the Commission. The staff report is on file at the Rochester -Olmsted Planning
Department.
Mr. Svenby stated that a meeting was held with the applicant, consultant, applicant's attorney,
staff from the Public Works Department, and himself on Friday, Tuesday, and today. The
following was revised on the site plan:
1. The proposed sign along 1 Vh Avenue was been removed.
2. The access point along 11'" Avenue was modified to an "exit only" driveway for the
site. The truck traffic will enter the site off of 10'" Avenue, which is where a weigh
station is being proposed to be located.
3. There will be two proposed detention ponds.
4. There will be additional landscaping with a fence being placed behind the
landscaping so that the landscaping would be adjacent to the road right-of-way.
5. Inserts will be placed on the fence to help screening the property.
6. Staff has asked that recycables be available to the public on the weekend.
Therefore, they propose to move the recycables outside of the gated areas for the
general use of the containers, while the facility is closed.
Mr. Svenby explained that, in the M-1 zoning district, there are no zoning classifications for a
transfer station. When reviewing the ordinance, it was determined that a transfer station is
classified as an area accessory use. Therefore, the correct procedure for this request is to go
through a restrictive development process.
Mr. Svenby stated that the applicant is not agreeable to all the conditions listed in the staff
report. Therefore, he indicated that the applicant's attorney would go through each of them.
Attorney Dan Berndt, of Dunlap and Seeger, addressed the Commission. He indicated that
Troy Healy, General Manager of the local facility, and Dan Regazio, Regional Manager were
also present to answer any questions.
Mr. Berndt stated that the MPCA permit has been applied for and approved, assuming City
approval.
Mr. Berndt stated that the present site for Waste Management is located on this parcel. Trucks
are parked there on a daily basis. He indicated that there are 16 trucks, which generate 32 trips
a day. Once the facility is operating, they anticipate that the number of trips to the facility would
increase from 32 trips to approximately 40 trips.
Mr. Berndt explained that the County is closing the County Incinerator from commercial haulers
at the end of December 2001.
Mr. Berndt stated that the applicant is agreeable to staff -recommended conditions (listed in the
memo dated October 25, 2000 by Brent Svenby) 1-5A and 6-9A, 9C, 9E, 9G (staff agreed to
Page 14
bb City Planning and Zoning Commission Minutes
Hearing Date: October 25, 2000
accept recycables being provided on weekends outside of the gate), 91, 9J, 9L, 9M, 90, 9P, and
10-16.
Mr. Berndt stated that all parties have agreed revise Condition 9D to indicate that they will
comply with City Code.
Mr. Suk asked if Mr. Berndt is implying the condition would state "will be maintained consistent
with City Code".
Mr. Berndt stated that all parties have agreed to revise 9F to indicating it would not apply on
days preceding a weekend or holiday.
Mr. Berndt stated that all parties have agreed to amend 9H to provide that it would not apply to
the transfer trailers.
Mr. Berndt stated that all parties have agreed to amend 9K to provide that recycables could be
stored in a designated area in a manner acceptable to the Public Works Department and
applicant.
Ms. Schultze asked if it could be modified to state "in designated areas acceptable to the Public
Works and the applicant."
Mr. Berndt stated that all parties have agreed that the City will give the applicant 24 hours notice
to have an opportunity to prepare for their visit, regarding Condition 9N.
Mr. Nigbur stated that 9H should read "The transfer vehicle located at the loading dock shall be
emptied within a 24 hour period."
Mr. Berndt agreed.
Mr. Nigbur stated that the pavement is not consistent with the Land Development Manual.
There is a contradiction occurring between what Code says and what is actually occurring. He
indicated that Code states that "areas should be paved with all weather dust free surfaces".
This would not be aggregate surfaces. However, Ms. Baker has indicated that planning staff
has been allowing some aggregate or gravel surfaces in certain locations.
Mr. Berndt asked that Condition 5B not be imposed. He indicated that the issue should be
resolved between the applicant and the City, or at the City Council meeting. They have agreed
that they will pay the substandard street fees. He explained that this would be a substitute for
the process of street assessment when a street is redone or reworked. He indicated that the
condition is actually asking for the applicant to escrow a fund to pay for repairs for the road until
the City has a chance to build it. He explained that this kind of condition has not been imposed
before.
Mr. Berndt stated that Condition 5C is likely to be worked out before the Council meeting. The
existing roadway that runs south and intersects with Airport Drive is too close to the exit off of
Highway 52 for cars going to the airport. He stated that he was informed that the State has
plans to redo the intersection and will probably move the access further west. He stated that
the condition suggests that they do not have the capacity to increase the use of their facility to
what it can handle because there is a safety issue at the corner. He explained that the addition
of four trucks a day would not cause a safety problem.
Page 15
City Planning and Zoning Commission Minutes
Hearing Date: October 25, 2000
I q3
Mr. Berndt stated he would like Condition 9B to not be imposed. He explained that their MPCA
permit provides that the facility can handle 200 tons per year. Public Works is stating that there
is an inadequate road so they do not want them to handle their approved 200 tons per year. He
stated that the reason it is an inadequate road is because the City does not have appropriate
funding in their budget. He indicated that he feels the existing roadway is sufficient to take on
their additional load. He also pointed out that there are no weight restrictions on the roadway.
He explained that the condition would be a true interference with the business. It would inhibit
their growth and marketability.
Mr. Berndt explained they would not receive waste from other areas that they already do not
serve that could be taken elsewhere. He explained that the surrounding areas have smaller
tipping fees than Rochester.
Mr. Berndt explained how their transfer vehicles work and how they would reduce truck traffic.
Discussion ensued regarding tipping fees.
Ms. Schultze asked if the MPCA permit considers road structures.
Mr. Berndt responded no.
Ms. Schultze asked how the number of tons is imposed.
Mr. Eric Casey, of Leash Associates, addressed the Commission. He stated that the MPCA has
a capacity requirement in each of their permits. He indicated that they discussed with the
MPCA, prior to submittal, what types of tonage they would be expecting. He explained that the
tonage is strictly by capacity of the facility.
Mr. Burke asked if the trucks currently parked at the site are empty.
Mr. Berndt responded that some trucks are parked full until the next morning. He indicated that
they do not have a recycling facility on the site at this time.
Mr. Harford explained that the County facility will still be open to the public. They are only
closing it to commercial haulers.
Mr. Ernie Moeller, residing at 910 Scenario Lane SW, addressed the Commission. He
expressed concern about losing additional buffer from the site. He questioned if additional
buffer would be required. He indicated that there presently is an odor problem. He also
expressed concern with regard to the property not being very well kept and safety on the road,
as there are no shoulders.
Mr. Glen Metz, of A. B. Systems, addressed the Commission. He showed the Commission and
audience the proposed screening on a map. He also indicated that the City has requested 10
feet to dedicate for a future sidewalk.
Mr. Nigbur recommended that he and the applicant work out 5B and 5C, prior to the Council
meeting. He explained that, without addressing conditions 5B and 5C, they would not be
addressing what happens beyond their property limits.
aU Page 16
City Planning and Zoning Commission Minutes
Hearing Date: October 25, 2000
Mr. Nigbur explained that the tonage restriction has nothing to do with the weight limitations of
the roadway. He stated that the current facility is not fully developed to the full 200 ton capacity.
He indicated that staff is of the belief that, since the site was not developed to its full capacity,
they should not be allowed to have the full 200 ton capacity at once. He indicated that they are
proceeding cautiously because there are no current transfer stations in the City of Rochester.
Therefore, they would like to define the process. If the facility performs appropriately based on
the conditional use permit, they will be allowed to expand. He also indicated that, if the applicant
is leaving waste in the trucks presently, it is not permitted in their permit.
Mr. Nigbur stated that they plan to have walkways in that area in the future. He explained that,
as part of new development in the City of Rochester, they are required to put sidewalks in
before the structures. They have offered to execute a pedestrian facility agreement. The
agreement would state that, once the times comes that Public Works deems it necessary to put
a facility in, they will put a fair share in or put the walkway in.
Mr. Dan Regazio, Regional Manager, addressed the Commission. He explained that the
addition was put on the drawing to plan for the future. He explained that the current building
could handle on a 8 or 9 hour shift 290 to 300 tons per day. He explained the entire process of
getting rid of the waste.
Mr. Glen Metz, of A. B. Systems, addressed the Commission. He explained that they felt they
should disclose on the plans what they may need to do later to avoid going through the process
again.
Ms. Schultze asked why the applicant would build a facility that can contain more tonage than
they have a MPCA permit for.
Mr. Regazio responded that their current MPCA permit is for 200 tons a day. He also explained
that they need adequate tip space in the facility. He indicated that they have the material off of
the floor within 24 hours.
Mr. Berndt stated that all the trucks would be stored inside. He explained that if they are not in
compliance with their permit, enforcement procedures would happen. Therefore, they do not
agree with Mr. Nigbur indicating that they cannot run the business to their full capacity because
they may violate one of the conditions.
Mr. Nigbur stated that the building size presented at this meeting is different than what they
received earlier this week in their discussions. He explained that restricted development
conditional use permits are done on a performance review. He explained that they go through
this process with a number of City projects.
Mr. Nigbur indicated that there is not another transfer station in the City of Rochester. He
indicated that there is one located out in the County on 60'" Avenue SW.
Ms. Schultze expressed concern with regard to not letting the facility operate to its full capacity if
the applicant is meeting the conditions set forth.
Mr. Werven stated that the facility is now letting trucks park there with waste inside, which is not
permitted. He expressed concern as to who would monitor the facility.
Page 17 • . 1 Y�
City Planning and Zoning Commission Minutes I
Hearing Date: October 25, 2000
Mr. Nigbur explained that his office would review the use annually and upon complaints from the
public.
With no one else wishing to be heard, Mr. Suk closed the public hearing.
Mr. Staver indicated that he did not feel comfortable giving the facility a cap on the amount of
tonage. He indicated that he felt it should operate at its capacity.
Discussion ensued regarding site criteria being used for other transfer stations.
Mr. Brede moved to recommend approval of Type III, Phase 11 Restrictive Development
#00-29 Preliminary Plan by Waste Management with staff -suggested conditions as
modified by Mr. Berndt, delaying Conditions 5B, 5C, and to allow the facility to operate
within the limits of their MPCA license in Condition Number 9B. Mr. Burke seconded the
motion.
Ms. Schultze stated that Mr. Nigbur and Mr. Berndt agreed that 5B and 5C could be left as
conditions and they would have discussions between now and the City Council meeting to work
out the details.
Mr. Werven commented that he felt the Commission should go with staffs recommendation as
they have put a great deal of time working on it. He indicated that they should leave Condition
9B as suggested by staff.
Ms. Schultze agreed with Mr. Werven. She indicated that she has some qualms about the
request, but agrees with Mr. Nigbur to proceed cautiously since no site criteria has been set.
She questioned if the Commission is comfortable passing a recommendation to the City Council
at this time.
The motion carried 4-3, with Mr. Werven, Ms. Schultze, and Ms. Petersson voting nay.
CONDITIONS:
1. Execution of a Development Agreement is required prior to the approval of the
Restricted Development_Final. Plan.
2. A City ! Owner Contract must be executed prior to the installation of public utilitie's to -
serve the site which shall include dedicating a 20' utility easement, ,Construction
plans and specifications must be, prepared by the Owner's engineer and shall be in
conformance with City standards and subject to City approval. The site plan shall be
revised to indicate the located of the utility easement.
`X
3. Stormwater quantity and quality management must be provided on the site The City'
will not permit the direct discharge of site runoff, to the City, storm sewer system
Approval of a Grading and Drainage an is required; prior to the issuance of 6uildmg
permits.,
4. Execution of a Pedestrian Facilities Agreement is required to address Owner's future
obligation for pedestrian facilities along 10t and ,11'" Avenues SW.. Owner agrees to
dedicate a 10.00 wide pedestrian 1.facility easement along entire 11th Avenue frontage
of the property.:.
Page 18
City Planning and Zoning Commission Minutes
Hearing Date: October 25, 2000
5. In order to address the inadequacies of the public facilities as described above, the
Public Works and Planning staff recommends the following conditions:
5a. Owner shall be required to pay a Substandard Street Reconstruction Charge
5b. Owner shall be required to escrow funds in a sufficient amount to cover the
Owner's proportional share of the City's cost of rehabilitation of those segments
of 1Vh Avenue SW south of the northern intersection of 10v' Avenue and 111'
Avenue SW that deteriorate and are deemed by the City Engineer to be in need of
repair. Funds shall be escrowed for a period not to exceed ten (10) years.
5c. The existing substandard intersection of 11'h Avenue and County Road 16 shall
be permanently closed and the necessary safety improvements to the
intersection of 11t' Avenue SW and LC Drive SW shall be constructed prior to any
future approval by the City of an increase in the City authorized capacity of the
Transfer Station facility. In addition, the south end of 1 Vh Avenue shall be cul-de-
saced and sufficiently signed as a dead end. Alternatively, the Owner may make a
contribution to the City for the entire cost of closing the intersection of 11'
Avenue SW and County Road 16 and constructing a cul-de-sac with appropriate
street signage identifying LC Drive SW as the new extension of 11`h Avenue SW.
6. Owner shall grant controlled access to the City for the entire frontage of 11°i Avenue
SW except for the single access location shown on the Site Plan.
7. Owner shall indicate on the Plan the onsite traffic circulation pattern that shows a
vehicles path from the time they enter the site until the time the leave the site. The
revised plan shall show how internal circulation between Owner's existing and
proposed site will be accomplished by this Plan. The scale location shall be such
that vehicles entering the site will not que back beyond the entrance gate at anytime.
8. The MPCA Permit Application For The Rochester Transfer Station Rochester
Minnesota prepared for Waste Management by Liesch Associates, Inc. dated August
2000 shall be incorporated in its entirety as a condition of the City approval of the
Restricted Development Preliminary Plan #00-29. The subsequently issued MPCA,
Permit and any associated conditions of that Permit shall be incorporated in its
entirety as a condition of the City approval of the Restricted Development Preliminary
Plan #00.29.
9. The following modifications or addition to the MPCA Permit Application For The
Rochester Transfer Station Rochester Minnesota prepared for Waste Management by
Liesch Associates, Inc. dated August 2000 shall be included as conditions of the City
approval of the Restricted Development Preliminary. Plan #00-29:
A. page 2; Section 2.2.2; Modify sentence #8 to read; Stormwater will not flowr'.
directly into the City of Rochester storm sewer system, but will flow into onsite
private stormwater quantity and quality management facilities approved by the
City and constructed by the Owner.
B. page 4; Section 2.4; Modify the first sentence of the second paragraph to .read; A
Stormwater Pollution Prevention Plan shall be prepared and submitted to the City
i
Page 19 • • 1 q
City Planning and Zoning Commission Minutes
Hearing Date: October 25, 2000
for review and approval prior to the issuance of building permits to account for
operations at the proposed facility and regular inspections will be conducted to
prevent stormwater run-off and/or run-on problems.
C. page 5; Section 2.5; Modify the third sentence of the second paragraph to read;,
The driveways, parking areas and storage areas will be maintained consistent with
City Code. -
D. page 5; Section 2.5; Add the following as paragraph three; The normal waste
a
Rochester south of 40th Street SW and west of TH 63 and east of County 8. -
E. page 6; Section 2.8; Modify the sixth sentence of the second paragraph to read;
Typically, wastes would remain on -site for less than 24 hours, except if shorter
periods are specified in Section 3.5 of the Permit Application or extreme weather
conditions or other contingency situations proceeding a weekend or holiday:
F. page 7; Section 3.2; Add this third sentence to the first paragraph to read; Owner
public use of the facility for dropoff of recycling materials. They will move the
recyclable containers outside the fenced area on the weekends.
G. page 8; Section 3.4; Add this sentence to the end of the second paragraph to read;
No wastes shall be stored in equipment overnight at the facility unless the
equipment is stored inside the facility except for the including transfer trailers at
the loading dock. The transfer vehicles located at the loading dock shall be.'
emptied within a 24 hour period.
H. page 8; Section 3.5; Modify the first bullet of the first paragraph to read Solid
waste and demolition debris/industrial waste to be processed or tern porarily
stored in a designated processing or storage area that is visually screened and is
designed to retain wind blown trash from the public's view.
I. page 9; Section 3.5.2: Add the following sentences to the end of paragraph 1;
There shall be no -grinding or mixing of waste on the site and no crushing of
J. page 9; Section 3.5.3; Modify the first sentence of the first paragraph to read,
Recyclable will be stored in the designated areas acceptable to Public Works and
the applicant..
K. page 9; Section 3.6; Modify the second sentence of the first paragraph to read;
Fencing and litter pickup within and outside of the facility and along 11"' Avenue
SW LC Drive SW. Wh Avenue SW and County Road 16 will be conducted as
lNage 20
City Planning and Zoning Commission Minutes
Hearing Date: October 25, 2000
L.
necessary, but at a minimum, on a weekly basis in order to minimize wind-blown
litter and the site shall be managed to control the release of waste materials within
the operator's property.
page 10; Section 3.7; Modify the fifth sentence of the first paragraph to read; The
proposed facility would utilize dry cleanup methods in order to minimize the
introduction of water into the MSW and there shall be no discharges from the
M. page 11; Section 3.10; Add the following sentence to the end of paragraph four;
the conditions of the Restricted Development Plan.
N. page 12; Section 3.13; Modify the first sentence of the first paragraph to read; The
annual report will be certified by the Operator and a copy will be submitted to the
MPCA, the City Public Works Director and the County Public Works Director.-
O. page 13; Section 4.1; Modify the third sentence of the second paragraph "to read;
This plan will be amended and submitted to the MPCA, the City of Rochester
Public Works Director, and the County of Olmsted Public Works Director
whenever prior to any change in the management practices or wastes to be
received. identified have n-hanged
10.The applicant shall provide information to the Rochester Public Utilities - Water
Division, on the projected water use, along with the planned fire service providing
adequate water quality prior to the issuance of building permits.
11. Prior to the issuance of building permits, the applicant shall provide the Planning
Department with copies of the required and approved permits from the MPCA to
operate the Transfer Station.
12.The future additions shown on the site plan shall be reviewed through the Type III,
Phase II Restricted Development process. Final site plans, including building
elevations and floor plans will be required in the future.
- r;r
13.The applicant shall provide lighting information at the time of building permit
application. The lighting plan will need to meet Lighting Standard D.
14. No outside storage of construction and demolition debris waste shall be allowed on
the site _ :.
15.The landscaping shown on the eastern property boundary be moved out of the.10' ,
foot utility easement.
16.Since a revised plan was submitted today, staff may recommend additional
modifications/conditions prior to the Council meeting, once other staff/agencies have
additional time to review the revisions.
i
REQUEST FOR COUNCIL ACTION
MEETING
DATE: 04-02-01
SECTION:
PUBLIC HEARINGS
ORIGINATING DEPT:
PLANNING
:3
M DESCRIPTION: Revised Preliminary Plat #01-06 by Countryside Builders to be known PREPARED BY:
Stonehedge First Subdivision. The plat proposes to subdivide approximately 35.60 acres Theresa Fogarty,
into 43 lots for single family development and three outlets. The Plat also includes the Planner
dedication of right-of-way for three public roadways. The property is located north of East
Circle Drive, east of Deerhaven Development and west of Century High School.
March 27, 2001
NOTE. Staff is recommending a revised preliminary plat be submitted prior to the council considering this
request. if a revised preliminary plat is not submitted and reviewed prior to this meeting, staff is
recommending that this request to continued until the April 16, 2001 Council meeting.
CitV Planning and Zoning Commission Recommendation:
The City Planning and Zoning Commission held a public hearing on March 28, 2001 to consider this preliminary plat.
Mr. Bob Larget, of Yaggy Colby Associates, addressed the Commission. He indicated that there is agreement with the
staff -suggested conditions, except for the following concerns:
• They are concerned with the requirement for controlled access along Stonehedge Drive.
• He stated that the Ordinance states that a driveway must not be closer than 75 feet of an intersection. He explained
that they have a problem meeting that standard. He asked if the Commission could waive that standards, with regard
to those particular lots.
• They would like condition number 4, listed in the staff report, to be removed. He stated that he spoke with Mr. Freese
with regard to providing additional right-of-way for the roadway. He indicated, that, through their conversation, it would
not be necessary.
Staff explained that they would need to file a request to waive the 75 foot standard from a driveway to an intersection for
the Commission to review that issue. It was suggested that he meet with staff prior to the Council meeting.
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 as follows:
a. Illustrating East Circle Drive as "East Circle Drive NE".
b. Designating the portion of roadway that lies along side of Lot 6, Block 4 as "Stonehedge Drive NE".
c. Indicating controlled access along the entire frontage of "Stonehedge Drive NE" except for the two (2)
access openings shown on the preliminary plat.
d. Removing the 20' utility easement shown between Lots 12 & 13, Block 2.
e. Widening the 22' utility easement shown between Lots 4 & 5 and Lots 10 & 11, Block 2 as stated in the
memo from the Rochester Public Utilities — Water Division, dated February 23, 2001.
f. Provide a 10' utility easement along the south side of Lot 10, Block 2, as requested by Qwest in their
memo dated February 15, 2001.
COUNCIL ACTION: Mobonby: Second
to:
Page 2 150
Revised Preliminary Plat
Stonehedge First Subdivision
2. Pedestrian facilities are required along both sides of all new public roadways, including all outlots and shall
constructed, at the Owner's expense, concurrent with this development. Outlots B and C shall be dedicates
the City and shall be constructed, at the Developers expense, concurrent with construction work through the
City -Owner Contract. In addition, grading of the bench for the pedestrian path along CSAH 22 is required to be
concurrent with this development.
3. Parkland Dedication shall be met via: Deferred land dedication with dedication to be met by future dedication of
the neighborhood park identified in the General Development Plan. Dedication is to occur when the park site is
accessed via public street or the Park Department wishes to begin development of the site.
4. The proposed street section for "Stonehedge Drive NE" shall be reviewed and approved by the City Engineer,
prior to final plat submittal. Additional right-of-way may need to be dedicated because of the medians.
5. No parking shall be allowed, at any time, along either side of the entire length of "Stonehedge Drive NE" and
must be posted "No Parking — Fire Lane".
6. The applicant shall enter to 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, maintenance of
landscape islands, pedestrian facilities, right-of-way dedication, and contributions for public infrastructure.
7. Storm water management must be provided for this development.
Mr. Ohly moved to recommend approval of Preliminary Plat #01-06 by Countryside Builders known as
Stonehedge First Subdivision, with staff -suggested conditions. Mr. Slaver seconded the motion. The motion
carried 7-0.
Planning Department Recommendation:
See attached staff report, dated March 21, 2001. �.
Council Action Needed.
The Council may approve, approve with conditions, or deny the land
Council must make findings of fact based on the criteria includec
motion to deny must include supporting reasons, for ail
fifteen findings for denial in paragraph 61225 can be made
Attachments:
1. Staff Report, dated March 21, 2001.
2. Draft minutes of the March 28, 2001 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. on Monday, April 2, 2001
Rochester / Olmsted County Government Center.
7. Yaggy Colby Associates
in the Council Chambers at the
/ 04/02/01 08:14 FAX 507 287 2275 ROCII-OLM PLANNING DEPT. + CITY CLERK Z 001/002
t
G
f
MEMORANDUM
TO: Mayor and Common Council
FROM: Theresa Fogarty, Planning Department
DATE: April 2, 2001
RE: E-3, Preliminary Plat 01-06 Stonehedge First Subdivision
The applicant has submitted a revised plat addressing staff recommended condition
number 1 (see revised plat, dated March 30, 2001), staff would recommend that condition
number 1 be removed.
04/ 2/01 08:14 FAX 507 287 2275 ROCH-OLM PLANNING DEPT. CITY CLERK IZO02/002
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�5 RC W-STER-OLNISTED PLANNING DEP MENT
2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744
000NTY OF
TO: City Planning and Zoning Commission
FROM: Theresa Fogarty, Planner
DATE: March 21, 2001
.or.uDc 1{ rsree,,t/Ttt.
P••�, .•
FD•AUGUST
RE: Preliminary Plat #01-06 by Countryside Builders to be known as
Stonehedge First Subdivision. The plat proposes to subdivide
approximately 35.60 acres into 43 lots for single family
development and three outlots. The Plat also includes the
dedication of right-of-way for three public roadways. The property
is located north of East Circle Drive , east of Deerhaven
Development and west of Century High School.
P/anninq Department Review:
Applicant/Owner:
Surveyors/Engineers:
Countryside Builders
17 NW Frontage Road
Byron, MN 55920
Yaggy Colby Associates
717 Third Avenue SE
Rochester, MN 55904
Referral Comments: Rochester Public Utilities - Water Division
Park and Rec. Department
Rochester Public Works Department
Planning Department - Addressing staff
Olmsted County Environmental Resource Services
Rochester Fire Department
Qwest
Report Attachments: 1. Land Development Manual Excerpts
2. Referral Comments ( 7 letters)
3. Copy of Preliminary Plat / Location Map
4. Plateau Estates General Development Plan
Development Review:
Location of Property: The property is located north of East Circle Drive , east
of the Deerhaven Development and west of Century
High School.
BUILDING CODE 507/285-8213 • GIS/ADDRESSINWMAPPING 5071285-8232 • HOUSING/HRA 5071285-8224
..»
PLANNING20NING 507/285-8232 • WELL/SEPTIC 5071285-8345
FAX 507/287-2275
((��
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
Page 2
Preliminary Plat #01-06
Stonehedge First Subdivision
March 21, 2001
Zoning: Outlot A is zoned R-1x (Mixed Single Family Extra) the
remaining land is zoned R-1 (Mixed Single Family)
district on the City of Rochester Zoning Map.
Proposed Development: This development consists of 35.60 acres of land to be
subdivided into 43 lots for single family development
and three outlots. Outlot A is likely to be developed
with townhomes.
Roadways: This plat proposes to dedicate right-of-way for the
continuation of "Stonehedge Drive NE" (previously
labeled Plateau Drive NE, changed by the City Council
3/5/01) and two new roadways.
The Planning Department — GIS staff recommend the
following revisions:
a. Illustrate East Circle Drive as "East Circle Drive NE
(C.S.A.H. 22)".
b. The portion of roadway that lies along side of Lot 6,
Block 4 needs to be designated as "Stonehedge
Drive NE"
Controlled access shall be provided along the entire
frontage abutting CSAH 22 (East Circle Drive NE) and
along the entire frontage of "Stonehedge Drive NE",
with the exception of the two (2) access openings
shown on the preliminary plat. No parking shall be
allowed, at any time, along either side of the entire
length of "Stonehedge Drive NE" and must be posted
"No Parking — Fire Lane". The proposed street section
for "Stonehedge Drive NE" shall be reviewed and
approved by the City Engineer, prior to final plat
submittal.
Pedestrian Facilities: In accordance with current City policy, pedestrian
facilities shall be constructed concurrent with this
development, at the Owner's expense, along the entire
frontage (including all outlots) of both sides of all new
public streets within this subdivision. In addition,
grading of the bench for the pedestrian path along
CSAH 22 is required to be concurrent with this
development.
Outlots B and C provides mid -block pedestrian
connections to the north. Outlots B and C shall be
dedicated to the city. Pedestrian facilities on Outlots B
and C, shall be constructed, at the Developer's
expense, concurrent with construction work through the
City -Owner Contract.
11
Jib
Page 3
Preliminary Plat #01-06
Stonehedge First Subdivision
March 21, 2001
Drainage: This property currently drains to the north and
northwest.
Stormwater Management shall be provided for this
development. Any on -site stormwater facilities serving
50 developable acres or less will remain private and
execution of a long term maintenance and ownership
agreement is required.
Grading and drainage plans will need to be approved by
the City Public Works Department prior to the submittal
of the final plat.
Wetlands: Minnesota Statutes now requires that all developments
be reviewed for the presence of wetlands or hydric
soils. The site was studied for wetlands and no
wetlands were found. However, the Decorah Edge
Recharge Area appears to be present on Lots 10. 11,
12, Block 2.
Public Utilities: Sanitary sewer and water lines will need to be extended
from their present ends to accommodate this
development.
The 20' utility easement shown between Lots 12 & 13,
Block 2 is not needed.
The 22' utility easement shown between Lots 4 & 5,
and Lots 10 & 11, Block 2 will need to be widened as
stated in the memo from Rochester Public Utilities —
Water Division, dated February 23, 2001.
Qwest is requiring a 10' utility easement along the
south side of Lot 10, Block 2.
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 52
spillover parking stalls. It appears as though the
additional parking can be accommodated on the
roadways and most likely within private driveways, as
well.
Parkland Dedication: The City Park and Recreation Department
recommends that dedication requirements be met via:
Deferred land dedication with dedication to be met by
future dedication of the neighborhood park identified on
the General Development Plan. Dedication is to occur
when the park site is accessed via public street or the
Park Department wishes to begin development of the
site.
General Development Plan: This property is included within the Plateau Estates
General Development Plan, approved in December,
2000.
Page 4
Preliminary Plat #01-06
Stonehedge First Subdivision
March 21. 2001
Preliminary Plat Staff Review and Recommendation:
Section 61.225 of the Land Development Manual lists the findings which must be considered by
the Planning Commission and the Council when reviewing a land subdivision permit application.
This section is attached for your information.
The Planning staff has reviewed this preliminary plat request for compliance with the Rochester
Zoning Ordinance and Land Development Manual including Section 61.225 of the LDM. The staff
recommends approval with the following conditions / modifications:
1. The Plat shall be revised:
a. illustrating East Circle Drive as "East Circle Drive NE".
b. Designating the portion of roadway that lies along side of Lot 6, Block 4 as
"Stonehedge Drive NE"
c. indicating controlled access along the entire frontage of "Stonehedge Drive NE"
except for the two (2) access openings shown on the preliminary plat.
d. Removing the 20' utility easement shown between Lots 12 & 13, Block 2.
e. Widening the 22' utility easement shown between Lots 4 & 5 and Lots 10 & 11,
Block 2 as stated in the memo from the Rochester Public Utilities — Water
Division, dated February 23. 2001.
f. Provide a 10' utility easement along the south side of Lot 10, Block 2, as
requested by Qwest in their memo dated February 15, 2001.
2. Pedestrian facilities are required along both sides of all new public roadways,
including all outlots and shall be constructed, at the Owner's expense, concurrent
with this development. Outlots B and C shall be dedicated to the City and shall be
constructed, at the Developer's expense, concurrent with construction work
through the City -Owner Contract. In addition, grading of the bench for the
pedestrian path along CSAH 22 is required to be concurrent with this development.
3. Parkland Dedication shall be met via: Deferred land dedication with dedication to
be met by future dedication of the neighborhood park identified on the General
Development Plan. Dedication is to occur when the park site is accessed via public
street or the Park Department wishes to begin development of the site.
4. The proposed street section for "Stonehedge Drive NE" shall be reviewed and
approved by the City Engineer, prior to final plat submittal. Additional right -of --way
may need to be dedicated because of the medians.
5. No parking shall be allowed, at anytime, along either side of the entire length of
"Stonehedge Drive NE" and must be posted "No Parking — Fire Lane".
6. 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, maintenance of landscape
islands, pedestrian facilities, right-of-way dedication, and contributions for public
infrastructure.
7. Stormwa ter management must be provided for this development.
Reminder to Applicant:
/97
Page 5
Preliminary Plat #01-06
Stonehedge First Subdivision
March 21. 2001
Prior to development, the property owner will need to execute a City I Owner Contract
for construction of all public infrastructure and utilities to serve this subdivision.
This Plat is subject to the Subdivision regulations which became effective May 15,
1999. Approved grading, drainage and construction plans will need to be submitted
with the final plat application, if the applicant intends to record the final plat
documents prior to completion of infrastructure improvements.
Page 6
Preliminary Plat #01-06
Stonehedge First Subdivision
March 21, 2001
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
15y ,
1 Page 7
Preliminary Plat #01-06
Stonehedge First Subdivision
March 21, 2001
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
ALLAAfERICA CM�
STER
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DAVID A. KAPLER, Chief
Rochester Fire Department
201 4th Street SE, Room 10
Rochester, MN 55904-3726
(507)285-8072
FAX #(507) 285-8256
DATE:
March 5, 2001
TO:
Jennifer Garness, Planning
FROM: Lyle Felsch, Deputy Chief
SUBJECT: Preliminary Plat #01-06 by Countryside Builders to be known as Stonehedge
First Subd, located north of East Circle Dr. (CR 22), east of Deerhaven
Apartments and west of Century High School
This project is beyond the 4 minute fire response standard of the Rochester Fire Department
according to the ISO rating system and is adding 43 residential lots on 35.6 acres, to the
city's fire protection area. With that regard the fire code has the following requirements:
An adequate water supply shall be provided for fire protection including hydrants
properly located and installed in accordance with the specifications of the Water
Division. Hydrant locations shown are acceptable and shall be in place prior to
commencing building construction.
2. Fire department, access streets and roadways shall be as provided in accordance with
the fire code, RCO 31 and the Zoning Ordinance and Land Development Manual
including approved cul-de-sac dimensions and street widths. All fire department access
roadways shall be serviceable prior to and during building construction.
The entire length of Stonehedge Dr. NE must be posted "No Parking — Fire Lane" along
its entire length on both sides, with signage in accordance with the specifications of the
Public Works Department.
3. All street, directional and fire lane signs must be in place prior to occupancy of any
residential buildings.
we pledge, we deliver
February 23, 2001
Rochester -Olmsted
CONSOLIDATED PLANNING DEPARTMENT
2122 Campus Drive SE
Rochester, MN 55904-7996
REFERENCE: Preliminary Plat #01-06 by Countryside Builders to be known as Stonehedge
First 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 20' utility easement between Lots 12 & 13, Block 2 is not needed, as we do not require
an 8" water main loop in this area.
3. The 22' utility easements shown between Lots 4 & 5 and Lots 10 & 11, Block 2 will need to
be widened where the sanitary sewer is extremely deep to provide more horizontal separation
between the sanitary sewer and the water main to allow for future maintenance of the sewer.
4. Major revisions to the proposed water system layout are required. We have provided the
applicant's engineering firm with these comments.
Please contact us at 507-280-1600 if you have questions.
Very truly yours,
"..�M 1 �u
Donn Richardson
Water
C: Doug Rovang, RPU
Mike Engle, RPU
Mark Baker, City Public Works
Vance Swisher, Fire Prevention Bureau
Wade Dumond, Yaggy Colby Associates
Countryside Builders
Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813
telephone 507-280-1540 facsimile 507-280-1542
10
PnrWF$TFR PARK Amin rRFATION DEPARTMENT
201 FOURTH STREET SE
ROCHESTER MINNESOTA 55904-3769
TELE 507-281 6160
FAX 507-281-6165
MEMORANDUM
DATE: February 21, 2001
TO: Jennifer Garness
Planning
RE: Stonehedge 1st
Preliminary #01-06
Number of dwelling units .............................................
Densityfactor...........................................................
Dedication...............................................................
43 units'
.0244
1.05 acres
' Dedication calculations for Outiot A not included at this time but will be done when the performance residential plat is
submitted for the outlot.
The Park and Recreation Department recommends that dedication requirements
be met via:
Deferred land dedication with dedication to be met by future dedication of neighborhood
park identified on GDP. Dedication to occur when the park site is accessed via public street
or the Park Department wishes to begin development of the site.
Applicant:
Countryside Builders
17 NW Frontage Road
Byron MN 55920
1\CITY_OE_ROCHESTER\CITYHP.LL\PARK\DSTOTZ\2001\DEDICATION\NE 2896\STONEHEDGE 1ST.DOC
'6V 10CHESTMZ
Minnesota
TO: Consolidated Planning Department
2122 Campus Drive SE
Rochester, MN 55904
FROM: Michael J. Nigbur
DATE: 3/2/01
DEPARTMENT OF PUBLIC
WORKS
201 4" Street SE Room 108
Rochester, MN 55904-3740
507-287-7800
FAX — 507-281-6216
The Department of Public Works has reviewed the application for Preliminary Plat #01-
06,on the Stonehedge First Subdivision property. The following are Public Works
comments on the proposal:
1. Approval of Grading and Drainage Plans is required for this development.
2. The applicant shall enter into a development agreement with the City that
outlines the obligations of the applicant relating to, but not limited to;
stormwater management, park dedication, traffic improvements, maintenance
of landscape islands, pedestrian facilities, right-of-way dedication, and
contributions for public infrastructure.
3. A City / Owner Contract must be executed prior to development of this
property, to address the construction of all public infrastructure and utilities to
serve this subdivision.
4. Pedestrian facilities shall be constructed concurrent with this development, at
the Owner's expense, along the entire frontage (including Outlots) of both
sides of all new public streets within this subdivision. In addition, grading of
the bench for the pedestrian path along CSAH 22 is required concurrent with
development.
5. Outlots 'B' & 'C' should be dedicated to the City, with the pedestrian path
links constructed at the Developer's expense, concurrent with construction
through the City -Owner Contract process.
The proposed street section for Stonehedge Drive shall be reviewed and
approved by the City Engineer, prior to Final Plat submittal.
7. Preliminary Construction Plan comments will be provided separately to the
Developer's Engineer.
C:ltemp1PP01-06 Stonehedge 1st Subd.doc
10CHESTA
Minnesota
TO: Consolidated Planning Department
2122 Campus Drive SE
Rochester, MN 55904
FROM: Michael J. Nigbur
DEPARTMENT OF PUBLIC
WORKS
201 40 Street SE Room 108
Rochester, MN 55904-3740
507-287-7800
FAX — 507-281-6216
8. Controlled Access shall be provided along the entire frontage of this
subdivision abutting CSAH 22. In addition, Controlled Access is required
along the entire frontage of Stonehedge Drive NE, with the exception of the
two (2) access openings shown on the preliminary plat.
9. No parking should be allowed at any time, along either side of the entire
length of Stonehedge Dr NE.
Charges/fees applicable to the development of this property will be addressed in the
Development Agreement, and include:
Sewer Availability Charge (SAC) @ $1653.67 per developable acre
Water Availability Charge (WAC) @ $1653.67 per developable acre
Watermain Connection Charge for the Circle Drive NE frontage = 152 ft x 37.13
per foot
Pedestrian Path Contribution for Circle Drive NE frontage @ $10.00 per foot x
767 feet of frontage
Stormwater Management (if on -site detention is not provided)
Contribution for First Seal Coat @ $0.45 per square yard of roadway surface.
Traffic Signs as determined by the City of Rochester Traffic Division:
10 Street name Signs 1 Speed Limit Sign
1 Trucks Prohibited Sign 1 Dead End Sign
16 No Parking Signs 1 Stop Sign
C:ltemp1PP01-06 Stonehedge 1st Subd.doc
Rochester -Olmsted Planning Department
GIS/Addressing Division
2122 Campus Drive SE
Rochester, MN 55904-4744
Phone: (507) 285-8232
Fax: (507)287-2275
PLAT REFERRAL RESPONSE
DATE: February 27, 2001
TO: Jennifer Garness
FROM: Planning Dept. Addressing Staff
CC:
RE: STONEHEDGE FIRST PRELIMINARY PLAT #01--6
A review of the preliminary plat has turned up the following ADDRESS and ROADWAY related
issues.
1. Reference to East Circle Drive is incorrect.
RECOMMENDATION: Illustrate East Circle Drive as EAST CIRCLE DRIVE NE (C.S.A.H. 22).
2. The portion of roadway that lies along side of Lot 6 Block 4 needs to be designated.
RECOMMENDATION: Designate this portion of roadway as STONEHEDGE DRIVE NE.
[�k a.�s� �aa .✓rc�...✓ ",� __ 2...i o�J.L-rev-mac ++s. B/5 azpy
4.
a -..A a fj_ s S, A'_X G 15 4C-1-P 24, /o/ .
RECOMMENDATION:'Roadway could be designated as something PLACE NE, from Stonehedge Drive NE to
where it ends in a cul-de-sac.
NOTE: Presently the portion of Stonehedge Drive NE that lies in Christ Our Rock Subdivision has a roadway
designation of Plateau Drive NE. The developer of this area along with the church wanted the platted roadway
PLATEAU DRIVE NE in Christ Our Rock Subdivision changed to STONEHEDGE DRIVE NE. This is in the
process of a Request for Council Action (RCA) to officially change the platted roadway name, and will be reviewed
at the Rochester City Council meeting on March 5, 2001. 315 /. 1
RC STER-OLMSTED PLANNING DEPAP :NT 1�
_122 CAMPUS DRIVE SE — SUITE 10u
ROCHESTER. MN 55904
PHONE (507) 285-8232
FAX (507) 287-2275
Date: February 15, 2001
To: Agencies Indicated Below
From: Jennifer Garness, Planning Department
Subject: Preliminary Plat #01-06 by Countryside Builders to be known as Stonehedge
First Subdivision. The plat proposes to subdivide approximately 35.60 acres
into 43 lots for single family development and three outfots. The Plat also
includes the dedication of right-of-way for three public roadways. The
property is located north of East Circle Drive, east of the Deerhaven
Department and west of Century High School.
This application is scheduled for consideration by the City Planning and Zoning Commission on March 14, 2001, in
the Council/Board Chambers of the Government Center, 151 4v' Street SE. In order for the Planning Department to
prepare a thorough review of this application, we would appreciate receiving your Comments by March 2,
2001. You may also appear at the meeting if you so desire. Your cooperation and assistance is greatly areciated.
if youou have comments, in addition to forwarding them to the Planning Department Please send a c pppreci
Countryside Builders
17 NW Frontage Road
Byron MN 55920
(507)775.2466
City Agencles
1.
Public Works
Richard Freese
2.
Fire Department
Lyle Felsch
3.
Crime Prevention
Robert Miller, Gov.Center
4.
RPJ Operations Division
Mike Engle
5.
RPU Water Division
Donn Richardson
6.
Park & Recreation
Denny Stotz
7.
Building Safety
Ron Boose
8.
City Attorney
Dave Goslee
9.
Downtown Dev. Dist,
Doug Knott
10.
City Administration
Terry Spaeth
11.
Susan Waughtal
Neighborhood Organizer
12.
Transportation Planner
13. John Harford, Planning Dept
Yaggy Colby Associates
717 Third Avenue SE
Rochester MN 55904
(507) 288-6464
County Agencies
Other Agencies
14. Health Department
18. School Board
Rich Peter
Jeff Kappers
15. Public Works
19. Peoples Natural Gas
16. GIS Division
Neal Clausen
17. Environmental Resource
-- o_as-t-...
- Don Ke-
Services
Tony Hill
all-
/
21. Charter
Communications
22. MN DOT
Dale Maul
23. Post Office
J Supervisor
/LfJio l IP 24. MN DNR
Jim Cooper
25. SWCD
2� /® 26. Peoples Coop
VVV Rick Wellik
NOTE: CITY PUBLIC WORKS DEPARTMENT, CITY ENGINEER: PLEASE INDICATE IF THE
STREET IDENTIFICATION IS CORRECT IF THE ATTACHED IS A PLAT.
ENVIRONMENTAL RESOURCE
SERVICES
2116 CAMPUS DRIVE SE
ROCHESTER MN 55904-4744
507/285-8339 FAX 507/280-4799
Date: March 2, 2001
To: Jennifer Garness
From: Tony Hill
RE: Preliminary Plat #01-06 - Stonehedge First Subdivision, Countryside
Builders
Preliminary Plat Review
Decorah Edge Groundwater Recharge Area: Based on available information,
the Decorah Edge Recharge Area does appear present on the site. Based on the
information the Decorah Edge setting is between 1170' to 1100' in elevation. This
assessment is based on information using the Olmsted County Geological Atlas, well
log data and bedrock mapping using ArcView coverages of the two -foot contour lines.
More accurate geologic information regarding the elevation of the Decorah Edge
contact may be available from borings completed near the
General development recommendations for the Decorah Edge setting should be
considered for this site.
Decorah Edge Recommendations
1. Delinatation of the Decorah Edge.
2. Limit the extent of grading that can occur where the Decorah shale is the first encountered
bedrock.
3. Develop vertical and lateral setbacks to minimize the disruption of groundwater recharge
where the Decorah shale is the first encountered bedrock.
4. In areas where the Decorah shale does become disturb, require that intercepted recharge
water be reinfiltrated to minimize disruption of recharge processes.
5. Clay plugs be installed in utility trenches as means of maintaining dispersed groundwater
recharge flows.
6. Preserve the unique hydric features of the site.
For more information or further assistance, please call 285-8982.
N'Nev
i
Draft Minutes
City Planning & Zoning Commission
Meeting Date: March 28, 2001
dedication of right-of-way for three public roadways. The property is located
north of East Circle Drive, east of the Deerhaven Development and west of
Century High School.
Ms. Mitzi Baker presented the staff report, dated March 21, 2001, to the Commission.
The staff report is on file at the Rochester -Olmsted Planning Department.
Ms. Baker explained that staff asked the consultant to present a revised preliminary plan
to the Planning staff, prior to the Council meeting.
Mr. Bob Larget, of Yaggy Colby Associates, addressed the Commission. He indicated
that he agreed with the staff -suggested conditions, except for the following concerns:
They are concerned with the requirement for controlled access along
Stonehedge Drive.
He stated that the Ordinance states that a driveway must not be closer than 75
feet of an intersection. He explained that they have a problem meeting that
standard. He asked if the Commission could waive that standard, with regard to
those particular lots.
They would like condition number 4, listed in the staff report, to be removed. He
stated that he spoke with Mr. Freese with regard to providing additional right-of-
way for the roadway. He indicated that, through their conversation, it would not
be necessary.
Ms. Baker asked Mr. Larget if he was asking the Commission to waive the 75 foot
standard from a driveway to an intersection. She explained that he would need to file a
request for such action at the Planning Department and that the Commission could not
review that issue until then. Therefore, she suggested that he meet with staff, prior to
the Council meeting.
With no one else wishing to be heard, Ms. Petersson closed the public hearing.
Mr. Ohly moved to recommend a
Builders to be known as Stonehi
Mr. Staver seconded the motion.
CONDITIONS:
1. The Plat shall be revised:
�T�
val of Preliminary Plat #01-06 by Countryside
First Subdivision, with staff -suggested conditions.
a. Illustrating East Circle Drive as "East Circle Drive NE".
b. Designating the portion of roadway that lies alongside of Lot 6, Block 4 as
c. Indicating controlled access along the entire frontage of "Stonehedge Drive
NE" except for the two (2) access openings shown on the preliminary plat.
d. Removing the 20' utility easement shown between Lots 12 & 13, Block 2.
e. Widening the 22' utility easement shown between Lots 4 & 5 and Lots 10 & 11,
Block 2 as stated in the memo from the Rochester Public Utilities — Water
Division, dated February 23. 2001.
f. Provide a 10' utility easement along the south side of Lot 10, Block 2, as
requested by Qwest in their memo dated February 15, 2001.
2. Pedestrian facilities are required along both sides of all new public roadways,
including all outlots and shall be constructed, at the Owner's expense, concurrent
with this development. Outlots B and C shall be dedicated to the City and shall be
constructed, at the Developer's expense, concurrent with construction work
through the City -Owner Contract. In addition, grading of the bench for the
pedestrian path along CSAH 22 is required to be concurrent with this development.
3. Parkland Dedication shall be met via: Deferred land dedication with dedication to
be met by future dedication of the neighborhood park identified on the General
Development Plan. Dedication is to occur when the park site is accessed via
public street or the Park Department wishes to begin development of the site.
4. The proposed street section for "Stonehedge Drive NE" shall be reviewed and
approved by the City Engineer, prior to final plat submittal. Additional right-of-
way may need to be dedicated because of the medians.
5. No parking shall be allowed, at anytime, along either side of the entire length of
"Stonehedge Drive NE" and must be posted "No Parking — Fire Lane".
6. 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, maintenance of landscape
islands, pedestrian facilities, right-of-way dedication, and contributions for public
infrastructure.
7. Stormwater management must be provided for this development.
REQUEST FOR COUNCIL ACTION
MEETING
/ 7/
DATE 4-2-01
AGENDA SECTION:
ORIGINATING DEPT:
ITEMNO. r
PUBLIC HEARINGS
PLANNING
- q
A DESCRIPTION: Final Plat #00-40 to be known as South Park SIX
PREPARED BY:
Brent Svenby,
March 29, 2001
Planning Department Review:
See Staff Report dated March 29, 2001
The Planning Staff has reviewed the submitted final plat. Staff would recommend approval of the final plat with the following
conditions/modifications:
1. The applicant agrees that this subdivision will have an impact upon the City's needs for parkland and that
dedication of cash ($7,800) in lieu of land will fulfill the dedication obligation of this plat. Payment of parkland
dedication fee is required prior to the recording of the final plat documents.
2. Outlot A shall be dedicated to the City.
Council Action Needed:
1. A resolution approving the plat can be adopted.
Attachment:
Staff Report dated March 29, 2001.
EnCIOSures: (To be submitted separately to the City Clerk by the Planning Staff upon receipt from the applicant)
1. City Clerk's Copy of Applications
2. Recordinglireasurer/Auditor's Statement, L
3. Recording Fee
4. Title Opinion
5. 1 Original Plat Mylar
6. 3 Mylar Copies of Plat
Distribution:
1. City Attorney
2. Planning Department File
3. Planning Department — GIS
4. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, April 2, 2001, in the Council/Board
Chambers at the Government Center, 151 4th Street SE.
5. McGhie & Betts, Inc.
COUNCIL ACTION: Moeonby: Second by: to:
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ROCHESTER-OLAISTED PLANNING DEPARTMENT
2122 Campus Drive SE. Suite 100 - Rochester. MN 55904-4744
co u"rr or
TO: Rochester Common Council
FROM: Brent Svenby, Planner
DATE: March 29, 2001
RE: Final Plat #0040 to be known as South Park Sixth.
Planninq Department Review:
Applicant/Owner:
Ratzloff-Bigelow Development
706 County Road 3 NW
Byron, MN 55920
Surveyors/Engineers:
McGhie & Betts, Inc.
1648 3 d Avenue SE
Rochester, MN 55904
Referral Comments:
1. Park and Recreation Department
2. Planning Department - Wetland LGU
•
3. Planning Department - Addressing
4. RPU Operations Division
5. RPU Water Division
6. Rochester Public Works Department
Report Attachments:
1. Referral Comments (3 Letters)
2. Approved GDP
3. Copy of Final Plat
Plat Data:
A •gl1CNEST �,,tl, t�
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Location of Property: The property is located along the north side of
Pinewood Road SE, west of 22n8 Avenue SE, north of
Dallman's First Subdivision.
Zoning: The property is zoned R-2 (Low Density Residential)
district on the City of Rochester Zoning Map.
Proposed Development: This development consists of 22.05 acres of land to
be subdivided into 32 lots for single family dwellings
and 1 outlot. Of the 32 lots, 28 are proposed to be
developed with townhomes and 4 with single family
detached dwellings.
Streets: This plat dedicates right-of-way for two streets. The
first street is "McQuillan Court SE". It is designed
with a 34' roadway on a 60' right-of-way. This
roadway is horseshoe shaped and has access to
BUILDING CODE 5071285-8213 - GI IADORESSING/MAPPING 5071285-8232 - HOUSING/HRA 507/285-8224
PLANNINGIZONING 507/285-8232 - WELUSEPTIC 507/285-8345
FAX 507/287-2275
we.
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
Page 2
South Park Six
March 29, 2001
Pinewood Road SE.
The second roadway is the dedication of the
Pinewood Road SE right-of-way. The right-of-way is
308.67' in length. This road is identified as a collector
on the Thoroughfare Plan.
The proposed streets meet the minimum standards
as outlined in the Thoroughfare Plan and the Land
Development Manual.
Sidewalks:
In accordance with current City policy, sidewalk is
required along both sides of all of the streets in the
subdivision.
Drainage:
The site is relatively Flat but does drain to the north.
Grading and drainage plans have been approved by
the City.
Wetlands:
Minnesota Statutes now require that all developments
be reviewed for the presence of wetlands or hydric
soils. The National Wetland Indicator Map was
reviewed for this area and identifies the possible
presence of wetlands. Based on a wetland
delineation study approved in 1993, wetlands exist on
the western portion of the site. The applicant
received a No Loss Determination on October 4,
2000. The homes will need to be elevated above the
100-year flood level.
Public Utilities:
Water and sewer can be extended from their present
ends in McQuillan Court SE to serve this property. A
10-foot utility easement is shown on the front of each
lot. The public improvement plans are approved for
this development.
Spillover Parking:
The proposed roadway appears to be adequate to
accommodate the required spillover spaces.
Additional spillover spaces will likely be
accommodated within the driveways.
Parkland Dedication:
There is no parkland included within the boundaries
of this plat. The Rochester Park and Recreation
Department recommends that the parkland
dedication requirement for this plat be satisfied by
cash in lieu of land in the amount of $7,800.
General Development Plan: The proposed final plat is consistent with the
approved amended South Park GDP.
Page 3
South Park Six
March 29, 2001
Preliminary Plat:
A preliminary plat for this property was approved by the City Council on October 2, 2000 with the
following conditions:
1. Storm water management must be provided for this development and constructed
concurrent with the development of this subdivision. A stormwater management fee
will apply to any areas of the development that do not drain to the detention facilities
constructed on Outlot A to serve this subdivision.
2. The developer agrees that this subdivision will have an impact upon the City's needs
for parkland and that the cash in lieu of land will meet this need. The cash in lieu of
land will need to be paid prior to the recording of the final plat.
3. Outlot A be dedicated to the City.
4. The applicant investigates the possibility of wetlands on the northern portion of the
property and completes the necessary applications prior to the submittal of the final
plat for South Park 6t11
.
5. The plat be revised to provide access to the pond area. This access shall be provided
via an Outlot dedicated to the City that is at a minimum 20 feet wide and graded by the
OwnerlDeveloper to accommodate vehicular traffic.
Planning Staff and Recommendation:
The Planning Staff has reviewed the submitted final plat and finds that it is consistent with the
approved preliminary plat. The staff would then recommend approval subject to the following
conditions:
1. The applicant agrees that this subdivision will have an impact upon the City's needs
for parkland and that dedication of cash ($7,800) in lieu of land will fulfill the dedication
obligation of this plat. Payment of parkland dedication fee is required prior to the
recording of the final plat documents.
2. Outlot A shall be dedicated to the City.
ROCHESTER PARK AND F&REATION DEPARTMENT
201 FOURTH STREET SE
ROCHESTER MINNESOTA 55904-3769
TELE 507-281-6160
FAX 507-281-6165
MEMORANDUM
DATE: March 22, 2001
TO: Jennifer Garness
Planning
RE: South Park 6"
Final Plat #00-40
Acreageof plat..........................................................
Number of dwelling units .............................................
Dwelling unit density ...................................................
Density factor............................................................
Dedication...............................................................
Fair market value of land .............................................
22.05 a
32
1.45 units/a
.0244
.78 acres
$10,000/acre
The Park and Recreation Department recommends that dedication requirements
be met via:
Cash in lieu of land in the amount of $7,800 (.78 acres X $10,000/acre) with payment
due prior to recordation of the plat.
Applicant:
Rratzloff/Bigelow Development
706 County 3 NW
Byron MN 55920
\\CITY OF ROCHESTER\CITYHALL\PARK\DSTOTZ\2000\DEDICATION\SE 2e95\SOUTH PARK 6TH.DOC
ROCHESTER
Minnesota
TO: Consolidated Planning Department
2122 Campus Drive SE
Rochester, MN 55904
FROM: Michael J. Nigbur
DATE: 3/26/01
1%v
DEPARTMENT OF PUBLIC
WORKS
2014 Street SE Room 108
Rochester, MN 55904-3740
507-287-7800
FAX — 507-281-6216
The Department of Public Works has reviewed the requested application for
Final Plat #00-40 on South Park Six property. The following are the Public
Works comments on the proposal:
1. A Development Agreement has been executed for this subdivision.
2. A City -Owner Contract has been drafted for this subdivision. Execution
of the Contract is required prior to construction on public infrastructure
to serve this development.
3. Outlot 'A' should be dedicated to the City.
Charges/fees applicable to the development of this property are addressed in the
executed Development Agreement with the exception of:
CMemffP00-40 South Park Six.doc
WETLAND COMMENTS FOR DEVELOPMENT APPLICATIONS
L( 0oa -4v �� ,
Application Number: �, ��
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.
_ Other or Explanation
From John Harford
Wetlands LGU Representative
REQUEST FOR COUNCIL ACTION
MEETING L a_9_rn L S I
AGENDA SECTION:
ORIGINATING DEPT:
ITEAO.
PUBLIC HEARING
PLANNING
M DESCRIPTION: Final Plat #01-11 to be known as Alliance Business Park
PRFirst
Replat.
March 29, 2001
Staff Recommendation:
The Planning Staff has reviewed the submitted final plat and recommends approval subject to the following conditions or
modifications:
1. Stormwater management must be provided. Grading and drainage plans will be required for review at the time
of individual lot development, and a Stormwater Management fee will apply if on -site detention is not
provided. N' /{, 1
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2. Prior to recording the final documents,
plat the applicant shall either execute
an amended Development
Agreement with the City of Rochester that includes provisions for restricting access along the west side of Lot
1, or a perpetual covenant shall be recorded restricting access along the southern 75 feet of said lot.
(3.Prior to submitting the final plat documents, the applicant shall revise the Plat to provide additional
easements for the extension of watermain to Lot 2, per the March 21, 2001 letter from RPU Water, if additional
,easements are deemed necessary by RPU Water division.
\ ,.l:e 2✓�-�.d��d rid :��//'1
Council Action Needed:
1 If the Council wishes to proceed a resolution approving the plat can be adopted.
Distribution:
1. City Clerk
2. City Attorney
3. Planning Department File
4. Planning Department GIS Division
5. McGhie & Betts, Inc.
6. Applicant: This item will be considered sometime after 7:00 p.m. on Monday April 2, 2001, in the Council/Board
Chambers at the Government Center, 151 4th Street SE.
NCIL ACTION: Motion by: Second by: to:
i�
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41 M E M O R A N D U M
DATE:
April 2, 2001
TO:
Mayor and Common Council
FROM:
Michael Nigbur
RE:
E — 5 Alliance Business Park
CC:
A clarification of condition number two is needed. The Condition was intended to
be for 75 feet of controlled access. This controlled access is typically measured
from the roadway. Therefore, to be consistent with the intent of the Land
Development Manual and the needs in this area staff would recommend
Condition # 2 be changed from 75 feet to 50 feet of controlled access.
ROCHESTER PUBLIC WORKS DEPARTMENT
LAND DEVELOPMENT SECTION
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ROCHESTER-OLMSTED PLANNING DEPARTMENT
A It 2122 Campus Drive SE. Suite 100 - Rochester, MN 55904-4744
couN rY ar
Rd TED:gL'CLSi.-
TO: Rochester Common Council
FROM: Mitzi A. Baker, Senior Planner
DATE: March 28, 2001
RE: Final Plat #01-11 to be known as Alliance Business Park First
Replat
Planninq Department Review:
Applicant/Owner:
Surveyors/Engineers:
Referral Comments:
Report Attachments:
Plat Data:
Location of Property:
Zoning:
Proposed Development:
Streets:
Drainage:
First Alliance Credit Union
501 SE 161h Street
Rochester, MN 55904
McGhie & Betts, Inc.
1648 Third Ave. SE
Rochester, MN 55904
1. RPU Water Division
2. Rochester Public Works
3. Rochester Fire Department
1. Referral Comments ( 3 Letters)
2. Location Map
3. Copy of Final Plat
This plat is located along the north side of 37v' St.
NW, east of East River Road.
The property is zoned B-4 (General Commercial).
The property is being re -subdivided to divide one lot
into two.
There are no new roadways being dedicated with this
Plat. This plat is served with a private roadway that
has access to East River Road and 371" Street.
Grading and drainage information for this re -plat was
reviewed by the Rochester Public Works Department
BUILDING CODE 507/285-8213 - GIS/ADDRESSINGJMAPPING 507/285-8232 - HOUSING/HRA 507/285-8224
. ,.., PLANNING20NING 507/285-8232 - WELL/SEPTIc 5071285-8345
FAX 507/287-2275
AN EQUAL OPPORTUNITYIAFFIRMATIVE ACTION EMPLOYER
Page 2
March 29, 2001
Wetlands: Minnesota Statutes now require that all developments
be reviewed for the presence of wetlands or hydric
soils. The Soils Survey does not indicate hydric soils
within this Plat.
Public Utilities:
Spillover Parking:
Parkland Dedication:
General Development Plan
Preliminary Plat.
Utilities are available to serve this property.
Parking requirements for this property will be
reviewed at the time specific development is
proposed.
No parkland dedication is required for this plat.
There is no General Development Plan for this plat.
There was not a preliminary plat for this property. No new right-of-way is being dedicated with this
Plat and there is not a need to provide connections through this plat to adjacent properties.
Planning Staff and Recommendation:
The Planning Staff has reviewed the submitted final plat and would recommend approval subject
to the following conditions:
1. Stormwater management must be provided. Grading and drainage plans will be
required for review at the time of individual lot development, and a Stormwater
Management fee will apply if on -site detention is not provided.
2. Prior to recording the final plat documents, the applicant shall either execute an
amended Development Agreement with the City of Rochester that includes provisions
for restricting access along the west side of Lot 1, or a perpetual covenant shall be
recorded restricting access along the southern 75 feet of said lot.
3. Prior to submitting the final plat documents, the applicant shall revise the Plat to
provide additional easements for the extension of watermain to Lot 2, per the March 21,
2001 letter from RPU Water, if additional easements are deemed necessary by RPU
Water division.
ROCHESTER
Minnesota
TO: Consolidated Planning Department
2122 Campus Drive SE
Rochester, MN 55904
FROM: Michael J. Nigbur
DATE: 3/27/01
DEPARTMENT OF PUBLIC
WORKS
201 4" Street SE Room 108
Rochester, MN 55904-3740
507-287-7800
FAX — 507-281-6216
The Department of Public Works has reviewed the requested application for
Final Plat #01-11 on Alliance Business Center First ReDlat property. The
following are the Public Works comments on the proposal:
1. A Development Agreement has been executed for this subdivision.
2. Dedication of controlled access should be dedicated by separate
document, along the southerly 75 feet of the west line of Lot 1, Block
1, Alliance Business Center First Replat.
Stormwater Management must be provided. Grading & Drainage Plans
will be required for review at the time of individual lot development, and
a Stormwater Management fee will apply if on -site detention is not
provided.
Charges/fees applicable to the development of this property are addressed in the
executed Development Agreement.
C:\temp%FP01-11 Alliance Business Park First ReplaLdoc
rP Vr - I
we pledge, we deliver
March 21, 2001
Rochester -Olmsted
CONSOLIDATED PLANNING DEPARTMENT
2122 Campus Drive SE
Rochester, MN 55904-7996
REFERENCE: Type III, Phase I, Final Plat 901-11 to be known as Alliance Business Park First
Replat.
Dear Ms. Garness:
Our review of the referenced final plat is complete and our comments follow:
1. Water service to this property is available either along the north side of 371h St. NW or along
the north side of Lot 2, Block 3 Alliance Business Park Subdivision. A water main or a
service extension (depending on building placement) is required to serve the proposed Lot 2,
Block 1 along with a possible easement. This must be addressed now as it may affect the
adjacent lots.
Please contact us at 507-280-1600 if you have questions.
Very truly yours,rs.�
06,JA
Donn Richardson
Water
C: Doug Rovang, RPU
Mike Engle, RPU
Mark Baker, City Public Works
Vance Swisher, Fire Prevention
First Alliance Credit Union
McGhie & Betts, Inc.
Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813
telephone 507-280-1540 facsimile 507-280-1542
i
Svenby Brent
From:
Kramer, David [dkramer@ci.rochester.mn.us]
Sent:
Friday, March 16, 2001 2:08 PM
To:
Brent Svenby (E-mail)
Cc:
'jswanson@mcghiebetts.com'
Subject:
Alliance Business Park First Replat
Brent,
We reviewed the lot layout provided by McGhie & Betts along with 1999 aerial
photography/contours, the construction plans for the private street Alliance Place NE, the grading
plan for Lot 2, Blk 2, Alliance Business Park (to the north), and the Domaille-Postier plat (to the
east).
The lot corner elevations for the proposed plat are currently established by the existing streets
(Alliance Place NE and 37'h Street NE) and by the adjacent development to the east (Energy
Products). The drainage pattern for the proposed plat is generally south to north.
The majority of the Energy Products site and some of the Domaille Buick site (to the east) drain
northwest to the proposed easterly plat limit. This drainage, along with the drainage from
proposed lot 1 and 2 will need to drain north. There is currently a 10' drainage easement in the
easterly 10' of the proposed plat, which is inadequate for construction of a surface or piped
drainage facility. There is a 5' utility easement in the westerly 5' of Domaille-Postier plat (to the
east) that includes "rights to conduct drainage and trimming on said easement", however, it
appears that the current Energy Products parking lot goes right to the property line and covers
this easement.
A drainage easement in the easterly 15' of the proposed plat would provide minimal width for a
drainage facility, and this 15' along with the 5' in the Domaille-Postier plat meet the current 20'
easement standard for this size of drainage area.
Based upon the above analysis (which should typically be required of the applicant prior to plat
submittal), we would concur with processing the referenced plat without an approved subdivision
grading plan, however, a drainage easement should be dedicated in the westerly 5' of the
easterly 15' of the proposed plat (for a total of 15' including the existing easement).
If the applicant wishes to submit a grading plan and drainage report that demonstrates drainage
patterns contrary to the above, we will gladly review it. In the absence of such plans, a drainage
easement should be required in the easterly 15' of the plat.
David F. Kramer, P.E.
Infrastructure Engineer
dkramereci. rochester.mn. us
507-287-2114
Department of Public Works
201 4th Street SE, Room 108
Rochester, MN 55904-3740
507-287-7800(phone)
507-281-6216(fax)
REQUEST FOR COUNCIL ACTION
MEETING ` V
DATE: 04--02-01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
PUBLIC HEARINGS
PLANNING
(F- b
A DESCRIPTION: Annexation by Ordinance Petition #01-06 by the People of Hope
PREPARED BY:
rch. The applicant has petitioned to annex approximately 29.67 acres of land located
Theresa Fogarty,
within a part of Sections 4 and 5 of Rochester Township along the north side of Country
Planner
Club Road and west Circle Drive / County Road 22.
March 29, 2001
City Planning and Zoning Commission Recommendation:
The City Planning and Zoning Commission reviewed this annexation request on March 28, 2001. The Commission found that this
property is adjacent to the city limits and can be served by City services. The Planning Commission therefore recommends approval of
this request.
Mr. Burke moved to recommend approval of Annexation Petition #01.06 by the People of Hope Church.
Mr. Brede seconded the motion. The motion carried 7-0.
Planning Department Recommendation:
See attached staff report, dated March 6, 2001.
Minnesota Statutes now specify that the property taxes payable in the year an annexation is effective shall be paid to the Township.
For the five years following the annexation, the City must make a cash payment to the Township equaling 90%, 70%, 50%, 30% and
10% of the Townships share of the taxes in the year the property was annexed. The Township Taxes on this property for 2000 is
$73.83.
'ouncil Action Needed:
1. Following the public hearing, if the Council wishes to proceed as petitioned, it should
instruct the City Attorney to prepare an ordinance to be adopted and transmitted to the MN
Planning /Office of Strategic and Long Range Planning.
Attachments dr-7'Elk
.
1. Staff report, dated March 6, 2001.
2. Draft Minutes of March 28, 2001 CPZC Meeting
Distribution:
1. City Administrator
2. City Clerk
3. City Attorney: Legal Description Attached
4. City Finance Director: Tax Information Attached
5. Planning Department File
6. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, April 2, 2001 in the Council Chambers at the
Rochester / Olmsted County Government Center.
l.__NCILACTION: Mouonby: second by: to:
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ENGINEERS - ARCHITECTS
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S URVEYORS-PLANNERS
LANDSCAPE ARCHITECTS
717 3RD AVENUE SE
ROCHESTER, MN 55904
507-288-646/
YA G G Y
MASO 515-424-0351
SIC-424-W51
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ROCHESTER-OLMSTED
PLANNING DEPARTMENT
2122 CAMPUS DR SE
ROCHESTER MN 55904-4744
ADMINISTRATION/ 507/285-8232
PLANNING
GIS/ADDRESSING/ 507/285-8232
MAPPING
HOUSING/HRA 507/285-8224
TO: City Planning and Zoning Commission
BUILDING CODE 507/285-8213
WELUSEPTIC 507/285-8345
FROM: Theresa Fogarty, Planner
FAX 507/287-2275
DATE: March 6, 2001
RE: Annexation by Ordinance Petition #01-06 by the People of Hope
Church. The applicant has petitioned to annex approximately 29.67 acres
of land located within a part of Sections 4 and 5 of Rochester Township
along the north side of Country Club Road and west of West Circle Drivel
County Road 22.
Planning Department Review:
ApplicantslOwners: People of Hope
1816 2n° Street SW
Rochester, MN 55902
Location of Property:
The property is located along the north side of County Club
Road and west of West Circle Drive / County Road 22.
Existing Land Use:
This property is currently undeveloped land.
Size:
The property proposed for annexation is approximately
29.67 acres of unplatted land.
Existing Zoning:
The property is zoned A-3 (Agricultural) District on the
Olmsted County zoning map.
Future Zoning:
Upon annexation, the property will be zoned R-1 (Mixed Single
Family Residential) district on the Rochester zoning map.
The future use of this property is construction of a church. A
church is a permitted use in the R-1 district meeting the
requirements Section 62.930, "Area Accessary Development -
Site Location Standards". The applicant will not need to file a
zone change petition, in the future, for the use of this property
as a church.
�� AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
Page 2
Annexation #01-06 People of , ,,,,,e Church
March 6, 2001
Land Use Plan:
Adjacency to the Municipal
Limits:
Sewer & Water:
This property is designated for "low density residential' uses
on the Rochester Urban Service Area Land Use Plan.
The property is adjacent to the city limits along its northern
and western (northerly) boundaries.
The Northwest High Level Water System service is available
to this property. Sanitary sewer and water is available to
serve the easterly portion of this property.
Utilities: Pursuant to Minnesota Statutes 414.033 (subd. 13), a
municipality must notify a petitioner that the cost of electric
utility service may change if the land is annexed to the
municipality. A notice has been provided to the applicant.
Townboard Review: Minnesota State Statutes require that the Townboard
members receive a written notice, by certified mail, 30 days
prior to the public hearing. The City Council will hold a public
hearing on this item on April 2, 2001. The City Clerk has sent
the certified 30 day notice.
Wetlands: Minnesota Statutes now require that all developments be
reviewed for the presence of wetlands or hydric soils. The
Soils Survey indicates that hydric soils exist on the site. The
property owner is responsible for identifying wetlands on the
property and submitting the information during the Site
Development Review process.
Referral Comments: 1, Rochester Public Utilities - Water Division
2. Rochester Public Works Department
3. Planning Department — Wetlands staff
4. Olmsted County Environmental Resource Services
Report Attachments: 1. Annexation Map / Location Map
2. Referral Comments (4 letters)
Staff Recommendation:
This property is adjacent to the City limits and can be served by city services upon extension of the sanitary
sewer and water lines from their present ends. The Planning staff recommends that the City proceed to
adopt an ordinance annexing the property according to Minnesota Statutes 414.033, Subdivision 2(3).
rTu..
we pledge, we deliver
February 22, 2001
Rochester -Olmsted
CONSOLIDATED PLANNING DEPARTMENT
2122 Campus Drive SE
Rochester, MN 55904-7996
REFERENCE: Annexation by Ordinance Petition #01-06 by People of Hope Church to annex
29.67 acres of land located along the north side of Country Club Road and west of 36u' Ave. NW
in a part of Sections 4 & 5, Rochester Township.
Dear Ms. Gamess:
Our review of the referenced petition is complete and our comments follow:
1. The property maybe 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 easterly one third of this property is within the Main Level Water System Area, which is
available within 361° Ave. NW. The static pressure will be approximately 63 PSI at elevation
1020.
3. Preliminary computer water system modeling indicates approximately 1600 GPM @ 20 PSI
is available for fire protection within 36`s Ave. NW.
4. The westerly two thirds of the property is within the Northwest High Level Water System
Area, which is available to the north within Manor View Dr. NW.
We will work with the applicant's engineering firm to develop the necessary water system
layout to serve this area.
Please contact us at 507-280-1600 if you have questions.
Very truly yours,
0644f� RIO&,
Donn Richardson
Water
C: Doug Rovang, RPU
Mike Engle, RPU
Mark Baker, City Public Works
Vance Swisher, Fire Prevention
Tom Glordano, People of Hope Church
11
Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813
telephone 507.280-1540 facsimile 507-280-1542
ROCHESTER 14'
Minnesota
TO: Consolidated Planning Department DEPARTMENT OF PUBLIC
2122 Campus Drive SE WORKS
Rochester, MN 55904 201 4" Street SE Room 108
Rochester, MN 55904-3740
507-287-7800
FAX — 507-281-6216
FROM: Michael J. Nigbur
Date: 2/27/01
The Department of Public Works has reviewed the requested application for
Annexation #01-06 on the People of Hope Church (p/o Sections 4 & 5, Rochester
Township) property. The following are Public Works comments on the proposal:
Municipal Sanitary Sewer and Water is available to serve the easterly
portion of this property.
C:\temptiANNX01-06 People of Hope Church Sects 4 5 Rochester.doc
iqb
WETLAND COMMENTS FOR DEVELOPMENT APPLICATIONS
Application Number: p� it
No hydric soils exist on the site based on the Soil Survey
1..,,�Hydric soils exist on the site according to the Soil Survey. The property
owner is responsible for identifying wetlands on the property and
submitting the information as part of this application.
A wetland delineation has been carried out for the property and is on file
with the Planning Department
A wetland delineation is on file with the Planning Department and a No -
loss, Exemption, or Replacement Plan has been submitted to the Planning
Department.
A wetland related application has been approved by the City. This plan
incorporates the approved wetland plan.
No hydric soils exist on the property based on the Soil Survey. However,
due to the location in the landscape the property owner should examine
the site for wetlands. The property owner is responsible for identifying
wetlands.
Other or Explanation
From John Harford
Wetlands LGU Representative
IQ%
ENVIRONMENTAL RESOURCE
SERVICES
2116 CAMPUS DRIVE SE
ROCHESTER MN 55904.4744
507/285-8339 FAX 5071280-4799
Date: March 2, 2001
To: Jennifer Garness
From: Tony Hill
RE: Annexation Petition #01-06 - People of Hope Church
Annexation Review
Decorah Edge Groundwater Recharge Area: Based on available
information, the Decorah Edge Recharge Area does appear present on the site.
Well logs from Rochester Public Utilities Well #26 (4401 2nd Street NW) indicate
that the Decorah Edge setting is between 1138' to 1068' in elevation. More
accurate geologic information regarding the elevation of the Decorah Edge
contact may be available from borings completed near the site.
If development is to occur on this site, we recommend that the landowner use the
following guidelines for the Decorah Edge Groundwater Recharge Area.
Decorah Edge Recommendations
1. Delineation of the Decorah Edge setting.
2. Limit the extent of grading that can occur where the Decorah shale is the first
encountered bedrock.
3. Develop vertical and lateral setbacks to minimize the disruption of groundwater
recharge where the Decorah shale is the first encountered bedrock.
4. In areas where the Decorah shale does become disturb, require that intercepted
recharge water be reinfiltrated to minimize disruption of recharge processes.
5. Clay plugs be installed in utility trenches as means of maintaining dispersed
groundwater recharge flows.
6. Preserve the unique hydric features of the site.
For more information or further assistance, please call 285-8982,
NW:
Draft Minutes
City Planning and Zoning Commission Meeting
March 28, 2001
Ms. Baker asked the Commission if they would like a presentation.
The Commission agreed to not have a presentation.
Mr. Burke moved to recommend approval of Annexation by Ordinance Petition #01-06 by
the People of Hope Church. Mr. Brede seconded the motion. The motion carried 7-0.
REQUEST FOR COUNCIL ACTION MEETING l F y '
DATE: 04/02/01
AGENDA SECTION: I ORIGINATING DEPT:
PUBLIC HEARINGS I Public Works
M DESCRIPTION: PROJECT HEARING (J9541)
Curb, Gutter & Overlay on Green View Drive SW, Green View
Place SW, and Green Field Lane SW
This is a Hearing to consider the following local improvement project:
Proiect Number
7104-99 (J9541)
Proiect Name
ITEM NO.
PREPARED BY:
R. Kelm nP"
t
Curb, Gutter & Overlay on Green View Drive SW, Green View Place SW, and Green Field Lane SW
Proiect Background
The existing street was constructed with bituminous curbing in 1971,77, &78.
At the request of the property owners an informational meeting was held on November 30, 2000. Their support for
a rehabilitation project resulted in this request for preparation of the Engineer's Feasibility Report.
Estimated Proiect Costs
Project
Cost
Construction:
Gradino & Paving,Curb & Guber
3517 900.00
Sidewalk Replacement
UAW 00
Storm Sewer Repairs/Upgrades
$20 00090
Watermain Replacement
$0.00
Watermain Service Replacement
Sanitary Sewer
Sub Tolal
$54330
Engineering Inlerest Contingencies 12%
$65 1960
TOTAL
$608490
Proiect Cost Distribution
Distribution:
Special Assessments - Fronta a
$168152.09
Special Assessments- Sidewalk
$6 826.45
Special Assessments - Service Replace
Water Utility Funds
$0.00
Sanitary Sewer Utility Funds
$0.00
City Street Share
$433517.46
TOTAL
$608,496.00
Assessment Period
All special assessments may be levied for a period of ten years with interest charged at a rate of 7.5% annually on
the unpaid balance, or they may be paid in full when levied.
COUNCIL ACTION REQUESTED:
Adopt the resolution ordering the project to be made.
COUNCIL ACTION: Motion
Second
0
0 � l
REPORT ON THE FEASIBILITY OF A PROPOSED
LOCAL IMPROVEMENT PROJECT FOR:
PROJ ECT NO. 71 04-99 J9541
CURB, GUTTER & OVERLAY" ON GREEN VIEW DRIVE
SW, GREEN VIEW PLACE SW, AND GREEN FIELD
LANE SW
February 14, 2001
Honorable Mayor & Common Council
City of Rochester, Minnesota
A resolution requesting the following project: Curb, Gutter & Overlay on Green View
Drive SW, Green View Place S%V, and Green Field Lane SW, was referred to the Public
Works Department in November, 1998 for preparation of the Engineers Feasibility
Report.
Feasibility Report
We report the project is feasible and recommend its construction in the year 2001 based
on the current condition of the street and participation by the abutting property owners.
The existing street was constructed with bituminous curbing in 1971,77, &78.
We recommend that the project be constructed and funded in accordance with the City's
Comprehensive Pavement Management Strategy (CPMS). The CPMS is an objective,
cost-effective program for the preservation, rehabilitation and reconstruction of the City's
infrastructure. The most cost-effective strategy at this time for this street, which has a
Pavement Condition Index (PCI) rating of 29, is rehabilitation.
Work typically will include the following
I . Removal of existing edges of the roadway and gravel base, boulevard sod
2. Construction of concrete curb and gutter, and driveway aprons
3. Storm sewer design considerations
4. Resurfacing of the entire street with bituminous asphalt.
5. Sidewalk sections reviewed for replacement.
6. Boulevard areas re -sodded.
This report and the estimated costs for the project are prepared without the benefit of field
surveys, soils boring or completed plans and specifications:
Project
Cost
Construction:
Grading & Paving, Curb & Gutter
$517,900,00
Sidewalk Replacement
$5,400.00
Storm Sewer Repairs/Upgrades
$20,000M
Watermain Replacement
$0.00
Watermain Service Replacement
Sanitary Sewer
$0.00
Sub Total
$543,300.00
Engineering, Interest, Contingencies 12%
$65,196.00
TOTAL
$608,496.00
20
- 2 - Fv nkon av 14, 2001
Assessment Distribution:
The cost of street rehabilitation, as established by City Council Policy, for the year 2001 will be
used for this project as follows:
Residential Zones.............$15.45 per assessable foot
Commercial Zones ...........$23.18 per assessable foot
Residential corner lot assessments are based on the length of the short side of the lot plus any
length greater than 120 feet on the long side if the long side is reconstructed.
Year
Total
Curb Gutter Overlay Rates
2001
1 feet
Cost
Residential Zones
$15.45
2,953.52
$45,631.88
Commercial Zones
$23.18
5,285.60
$122,520.21
Subtotal
Replacement sidewalk is assessed by the square foot of sidewalk replaced and is assessed
directly to the abutting property owner at the following rates:
4" Sidewalk (residential).................................................$5.15 per square foot
5" Sidewalk (commercial)...............................................$5.92 per square foot
6" Sidewalk (at residential drive approaches).................$6.70 per square foot
7" Sidewalk (at commercial drive approaches)...............$7.21 per square foot
6" Cone. Drive Approach (residential)............................$30.90 per square yard
Residential corner lot sidewalk assessments are based on the replacement length of the short side
of the lot plus half the quantity on long side if the long side is replaced. The long side credit
reflects the half dollar amount for all long side quantities.
2001
Total
Sidewalks
sq. It
Sq. ft
Cost
4" Sidewalk (residential)
$5.15
795.00
_$4,094.25
$11750.19
5" Sidewalk (commercial)
$5.92
295.64
6" Sidewalk (at residential drive approaches)
$6.70
32.50
$217.75
7" Sidewalk (at commercial drive approaches)
$7.21
106.00
$764.26
Subtotal
$6,826.46
credit for Long side
Subtotal
$6,826.45
Proiect Distribution:
Distribution:
Special Assessments - Frontage
$168 152,09
Special Assessments - Sidewalk
$6 826.45
Special Assessments - Service Replace
Water Utility Funds
$0.00
Sanitary Sewer Utility Funds
$0.00
,01y Street Share
$433,517.46
TOTAL
$608,496.00
Submitted for your consideration:
Russell Kelm, PE
Design Engineer
Douglas Nelson, PE
Engineering Manager
�o.
- 3 - FENBUARY 9,2001
Curb, Gutter & Overlay on Green View Drive SW, Green View Place SW, and Green
Field Lane SW
Project no. 7104-99 J9541
P:':.1'FUllif'IS\.I-rlt1.,J ..�9iil'.,1.)Ii IG DOf_5\ft,sibiLw Rcpo•i I X.
-4- FltI+BC.tltr 14, 2001
BUDGET AND ASSESSMENT SCHEDULE
FOR CONSTRUCTION CONTRACT
Project No: 7104-99 Date: February 14, 2001
J No, 9541
Description: Curb, Gutter, & Overlay on
Green View Drive SW, Green View Place SW, and Green Field Lane SW
Project
Cost
Contract
Cost
Final
Cost
Construction:
Grading & Paving, Curb & Gutter
$517 900.00
Sidewalk Replacement
$5,400.00
Storm Sewer Repairs/Upgrades
$20,000.00
Watermain Replacement
$0.00
Watermain Service Replacement
Sanitary Sewer
$0.00
Sub Total
$543,300.00
Engineering, Interest, Contingencies 12%
$65 196.00
TOTAL
$608,496,00
Distribution:
Special Assessments - Frontage
$168,152.09
Special Assessments - Sidewalk
$6,826.45
S ecial Assessments - Service Replace
Water Utility Funds
$0.00
Sanitary Sewer Utility Funds
$0.00
IC& Street Share
$433,517.46
TOTAL
$608,496,00
Note:
Make Initial Disbursement from P. I. R. Fund
REQUEST FOR COUNCIL ACTION MEETING
DATE: 04/02/01
AGENDA SECTION: ORIGINATING DEPT: ITEM NO.� rj
PUBLIC HEARINGS Public Works UX
M DESCRIPTION: ASSESSMENT HEARING: (J9541) PREPARED BY:
Curb, Gutter & Overlay on Green View Drive SW, Green View R. Kelm
Place SW, and Green Field Lane SW
/<
This is a Hearing to consider levying of the proposed assessments regarding the following public improvement
project:
Project Number
7104-99 (J9541)
Project Name
Curb, Gutter & Overlay on Green View Drive SW, Green View Place SW, and Green Field Lane SW
Estimated Project Costs
---
Project
Cost
_
Construction:
Grading & Pavmq Curb & Guder
$517 900.00
Sidewalk Replacement
$5400.00
Storm Sewer Repairs)Upgrades
$20 000.00
Walermain Replacement
s0.00
Walermain Service Replacement
Sanila Sewer
$0.00
Sub Total
$543.300.00
JlEngine.,irlq, Interest, Conlin ences 12%
$65 196,00
TOTAL
I $60a,496.00
Proiect Cost Distribution
Distribution:
Special Assessments - Frontage
$168 152.09
Spacial Assessments - Sidewalk
96 826.45
Special Assessments - Service Replace
Wale, Utility Funds
$0.00
Sanitary Sewer Utility Funds
$0.00
City Street Share
E433 517.46
TOTAL
$608,496.00
Assessment Period
All special assessments may be levied for a period of ten years with interest charged at a rate of 7.5% annually on
the unpaid balance, or they may be paid in full when levied. The project is scheduled for construction in 2001. No
payments of the assessments are required until the project is substantially completed. Assessment Notices
(invoices) will be sent to the owners of the property abutting the project at that time.
COUNCIL ACTION REQUESTED:
Adopt the resolution levying the proposed assessments.
Attach: Feasibility Report, Map, and Petition Letters.
JNCILACTION: Motion by: second
to:
REQUEST FOR COUNCIL ACTION
i
MEETING /'
DATE: 04-02-01
AGENDA SE
HEARINGS
ORIGINATING DEPT:
CITY ADMINISTRATION
_M DESCRIPTION:
Amend the 1998 Action Plan for the City of Rochester's Community Development
Block Grant (CDBG) Program
March 21, 2001
The City of Rochester proposes to reallocate the following CDBG funding:
From the 1998 Contingency Activity: An amount of $37,500 into
ITEM NO. a
PREPARED BY:
Theresa Fogarty,
CDBG Administrator
2001 Rochester Area Foundation. Provide $17,000 of CDBG funding to the Rochester Area
Foundation First Homes Program. The CDBG funding will be used to assist with the cost of
developing 875 affordable single family homes and 375 rental townhomes within the next five years.
2001 Olmsted County Historical Society. Provide $20,500 of CDBG funding to the Olmsted
County Historical Society. The CDBG funding will be used to replace entrance doors with power
operated entrance doors.
A balance of $22,294.86 will remain in the 1998 Contingency Activity for any existing or future CDBG
activities.
Council Action Needed.
1. Approve amending the1998 Action Plan for the Community Development Block Grant,
allocating $17,000 to the Rochester Area Foundation - First Homes Program 2001 Activity
and $20,500 into the Olmsted County Historical Society 2001 Activity.
Distribution:
1. City Administrator
2. City Clerk
3. CDBG File
wUNCIL ACTION: Motion by: second
REQUEST FOR COUNCIL ACTION
MEETINCOO 9
DATE: 4/2/01
AGENDA SECTION: I ORIGINATING DEPT:
REPORTS and RECOMMENDATIONS I Public Works
M DESCRIPTION: Waste Management
n Development Agreement
ITEM NO.
PREPARED BY:
R. Freese
Staff of the Planning Department and Public Works Department have meet with the Waste Management
representatives and their attorney numerous times to discuss a development agreement for the proposed
development. Earlier draft versions of the development agreement prepared by City staff provided:
I. A means to assure that the applicant would pay for the necessary improvements to 1 I th Avenue SW and
LC Drive SW to assure that there would be adequate public facilities to accommodate the proposed
development, and
2. A means to assure that the applicant contribute funds proportional to their projects impact necessary to
cover the City's extra -ordinary cost to maintain the current substandard condition of 1 Ith Avenue SW
until such time as the City planned, budgeted and reconstructed I I th Avenue SW to 9-ton standards, and
3. A limitation on the volume/weight of municipal solid waste that could be brought to the transfer station
for processing with a 10% increase allowed per year.
The final version of the draft agreement does not contain any provisions that the applicant provide funds for
interim maintenance of the substandard road, or funds for the necessary improvements to I Ith Avenue SW and
LC Drive SW to assure adequate public facilities are in place to accommodate the proposed development, or
limitations and phasing of waste loads. Waste Management was not willing to sign a Development Agreement
that included the three provisions stated above.
The City Engineer estimates that correcting the current substandard pavement conditions (width and load
capacity) and properly aligning the intersection of I I Avenue SW and CSAH 16 in order to provide adequate
public facilities will cost approximately $646,600. The Substandard Street Charge attributable to the I Ith
Avenue SW frontage of Waste Management is only 8.9% of this $646,600 cost, with the balance being paid by
the City. The public improvement to these roads necessary to support the proposed development by Waste
Management is not included in the City's Six -Year Capital Improvement Program.
The City staff has placed great reliance on the principles laid out in the subdivision regulations adopting
Ordinance regarding "adequate public facilities". Staff has over the past two years and some 70-development
agreements later consistently addressed the adequacy of public facilities necessary to serve a development
project. The following statements are found in the subdivision regulations adopting Ordinance:
I . In revising the subdivision regulations, the City is responding to a number of local issues that have
prompted the need for regulation, which are precipitated by rapid and often unplanned growth. These
include #3. Deteriorating infrastructure and a backlog of maintenance and repair work.
2. The ROCOG Long -Range Transportation Plan projects ... over a 20-year period ... a $54 million deficit.
3. The ROCOG Long -Range Transportation Plan establishes a policy that transportation infrastructure
should be paid for on a "user pays" basis. National reports and studies of infrastructure needs provides
for increased reliance on the "beneficiary pays principle" to finance public works at all levels of
government; and the promotion of developer financing of new infrastructure investments.
4. Channeling growth into efficient land use patterns significantly economizes public and private
expenditures.
5. Adequate public facility standards have been recognized as one of the most effective forms of growth
management.
6. The purpose of adequate public facility standards is: #4. To establish and maintain essential quality of
community services and facilities.
7. Development Agreements, which are expressly authorized by Minnesota Statute, can be used to balance
private expectations with community needs in the development agreement.
The City of Rochester Zoning Ordinance and Land Development Manual at Section 62.130, Adequate Public /
a 1 Facility Standards, states that "the requirements of this section supplement facility standards established in ... the
Long -Range Transportation Plan and other adopted facilities plans, and identiA the standards to be followed in
the establishment of infrastructure improvements associated with any development. Adequacy is defined in
terms of type, availability and capacity of pubic facilities." Section 64.133. Funding Required Improvements.
states "required improvements reasonably related to the subdivision shall be installed at the sole expense of t
applicant. Assessment of costs to the subsequent users or public participation may in certain instances be
applicable to a proposed project. The City Engineer sliall recommend to the City Council when such policies
may be applicable." The Substandard Street Reconstruction Charge contribution of only 8.9% of the project
costs attributable to Waste Management's frontage along 1 Ith Avenue SW and is unproportionally low when one
considers that each Waste Management collection vehicle is equivalent to the load impacts of at least 15
passenger cars. Further an 8.9% contribution from a development that creates this impact on the public
infrastructure is inconsistent with the fundamental principles upon which the adequate public facility, standard
was established and adopted by the City Council.
So what constitutes an applicant meeting the adequate public facilities test? Either:
I . adequate public facilities must be in place, or
2. adequate public facilities are planned by the City as evidenced by there inclusion in the first three years
of the City of Rochester's 6-Year Capital Improvement Program, or
3. the applicant agrees to mitigate the lack of existing or planned adequate public facilities through
contributions of in -kind services or payment of charges to the City to upgrade the inadequate public
facilities to an adequate standard.
The ROCOG Long -Range Transportation Plan and more particularly the ROCOG Thoroughfare Plan establishes
design standards for roads within the City of Rochester. The ROCOG Thoroughfare Plan indicates that the
geometric standards for a rural undivided road, such as I I th Avenue SW, would require a 24-foot wide road with
8-foot wide payed shoulders on each side and that the road be built to a 9-ton design. The existing average road
section for I Ith Avenue is 22 feet in width with 2-foot wide shoulders and a 5-7 ton load rating. This segme
I Ith Avenue SW will be added to the Municipal State Aid Street System in the foreseeable future. The road
when reconstructed to State Aid standards will need to meet the same design standards that currently exist in me
ROCOG Thoroughfare Plan. The estimated reconstruction cost of $646,600 is based on these standards.
Ultimately the City Council must answer the following two questions:
I. Does the proposed Waste Management Site Development Plan and the corresponding Development
Agreement meet the adequate public facility test?
2. What should be the result of an Site Development Plan application if the existing public facilities are not
adequate to serve the proposed development, or the City has not planned, budgeted or constructed the
adequate public facilities needed to serve the development project, or the applicant is unwilling to
mitigate the inadequacy of the public facilities that currently serve the property proposed for
development?
Please refer to the attached memo from Phil Wheeler regarding adequate public facilities requirements.
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COUNCIL ACTION REQUESTED: SjS5�, �� -y Cd2c 5 � -7 a,
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1. Determine the adequacy of I Ith Avenue SW and LC Drive SW to sufficiently and safely'handle the increase
in truck traffic and the increase in weight of the collection and transfer vehicles proposed for use by Waste
Management at the transfer station.
2. Based on the Council's determination of whether the applicant has meet the adequate public facilities test
approve or disapprove the Mayor and City Clerk executing the Waste Management Transfer Station
Development Agreement.
pz-�
ROCHESTER - OLMSTED
PLANNING DEPARTMENT
2122 CAMPUS DRIVE SE, ROCHESTER, MN, 55904.4744
PH: (507) 285-8232 FAX: (507) 287-2275
To: Rochester Mayor and Common Council
From: Philip H. Wheeler, AICP, Planning Director
Date: March 28, 2001
Re: Adequate Public Facilities Requirements
At your April 2, 2001 meeting, you will be considering an application for a restricted
development for a solid waste recycling and transfer station. One of the key issues with
this application is the adequacy of I I" Avenue S.W. to handle the weight and number of
vehicles that this use will generate.
On the basis of advice from the City Engineer, we believe that the impact of the proposed
use will damage the road surface on I I" Avenue SW and LC Drive. The City Engineer
estimates that I I" Avenue SW is presently built to at most a 7 ton standard. The vehicles
serving this use require a nine- or ten- ton road design. Correcting pavement conditions
and properly aligning the intersection of 11" Avenue SW with CSAH 16 in order to serve
this use will cost $646,600. With a substandard street charge, the developer would pay
8.9% of this cost, with the balance ($588,406) paid by the City. None of this cost has
been included in the City's six -year capital improvements program.
Our ordinance provides the means for the Council to address a discrepancy between a
proposed use and the street serving it through the application of Adequate Public Facility
Standards. If the public facilities serving a site are not adequate, the Council has the
option of either requiring the applicant to upgrade the facilities or denying the requested
use. Choosing either of these options has the effect of directing uses with special public
facility requirements to sites with adequate public facilities. In this case, such an
approach would result in the use locating in one of the industrial parks in the community
with pavements capable of handling nine -ton or ten -ton loads. Ignoring these options is
equivalent to allowing private developers either to damage public facilities or to
determine the location and timing of the City's capital expenditures, would constitute
unsound urban development and would set a precedent damaging the City's ability to
direct growth to areas with services in place that result in lower public costs.
Unless the deficiencies in the street system serving this use are corrected, Planning staff
recommends that the Council deny the requested use.
REQUEST FOR COUNCIL ACTION
MEETING (z;) 13
DATE: 04/02/01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
RESOLUTIONS AND ORDINANCES
CITY ATTORNEY'S OFFICE
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DESCRIPTION:
PREPARED BY:
K- SOLUTIONS AND ORDINANCES
TERRY ADKJS 1.
G. 1.
RESOLUTIONS
G. 2.
FIRST READING OF ORDINANCES, as appropriate.
G. 3.
SECOND READING OF ORDINANCES (for adoption).
a) An Ordinance Amending and Reenacting Section 62.273 of the Rochester Code of Ordinances,
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Relating to Accessory Buildings, Floor Area and Floor Area Definitions.
9 rY 9
b) An Ordinance Annexing to the City of Rochester Approximately 58.98 Acres of Land Located in a
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Part of the West Half of the Northeast Quarter of Section 19, Township 107 North, Range 13 West,
Olmsted County, Minnesota. The land is located North of the Emerald Hills Development South of
48th Street NE.
l
c) An Ordinance Rezoning Certain Property from the H District to the M-1 District, and Amending
Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of
Rochester, Minnesota. The land is located on the South Side of 19�h Street NW West of 32nd
Avenue NW East of West Circle Drive.
" 1.
MISCELLANEOUS
1NCILACTION: Motion by: second by: to: