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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 Proiect location Ise a ^7 Zv1 r p � f'^f" �-�.,�' � ,•try �...�"�Fi��� .. 3 J •! 1`; � a .... , � r `���.��`'. � � .;� �a '''�j � _8 i�# a ^�:: • sY • rwx r . r 4• ' .,R. _. t � ter• .`�� iR4, � 4 �4`I. t .�/ i •^""ii n Lt '` r�/ �-ait r 1 �� - > ...-.-'r'%:� - \V-- _ �.'�% r •. i.� `: (- ii s Sf �. .. ✓< F.li 1 it a;rj..� _ 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 lU•�" 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 August 2000 Page 3 LIESCH ASSOCIATES, INC. Hydrogeologists • Engineers • Environmental Scientists 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. August 2000 Page 4 LIESCH ASSOCIATES, INC. Hydrogeologists • Engineers • Environmental Scientists 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 August 2000 Page S LIESCH ASSOCIATES, INC. Hydrogeologists • Engineen - Environmental Scientists 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 August 2000 Page 6 LIESCH ASSOCIATES, INC. 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. August 2000 Page 7 LIESCH ASSOCIATES, INC. Hydrogeologists • Engineers • Environmental Scientists 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 August 2000 Page 8 LIESCH ASSOCIATES, INC. Hydrogeologists • Engineers • Environmental Scientists 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 August 2000 Page 9 LIESCH ASSOCIATES, INC. Hydrogeologists • Engineers • Envirorunentsl Scientists 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 August 2000 Page 10 LIESCH ASSOCIATES, INC. Hydrogeologists • Engineers • Environmental Scientists 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; August2000 Page II LIESCH ASSOCIATES, INC. 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. August 2000 Page 12 LIESCH ASSOCIATES, INC. Hydrogeologists • Engineers • Envimnmental Scientists 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 August2000 Page13 LIESCH ASSOCIATES, INC. 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 August2000 LIESCH ASSOCIATES, INC. Hydrogeologists • Engineers • Environmental Scientists 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. August2000 Page 15 LIESCH ASSOCIATES, INC. Hydrogeologists • Engineers • Environmental Scientists 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. August 2000 Page 16 LIESCH ASSOCIATES, INC. Hydrogeologists • Engineers • Environmental Scientists 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. August 2000 Page 17 LIESCH ASSOCIATES, INC. Hydrogeologists • Engineers • Environmental Scientists 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. August 2000 Page 18 LIESCH ASSOCIATES, rNC. 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. August 2000 Page 19 LIESCH ASSOCIATES, INC. Hydrogeologists • Engineers • Environmental Scientists 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. \1GRANrrE\PRJSV fly 9042\P=-rpcdoc August 2000 Page 20 LIESCH ASSOCIATES, INC. 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. U sw 1 Restricted Development #00-29 Waste Management Ile RO-6 e. Nfw-T A 1 ��� . .:�: �� .-�=�= ,® lI ' i / 2 x ;I .✓ ' ill �, , _.:.; —t I F21 WASTE MANAGEMENT 'xi Hill PROPOSED PACILM /Iyft = R0 ES k MINNMTA a r f fi.f 11 i1 � ;Ifl 9 WASTE MANAGEMENT Itl1 a a i11�1 PROPOSED FA�LiTY } Ppp1ESTER, MINNESOTA f } i - li�� C T + to TO: City Planning and Zoning Commission FROM: Brent Svenby[Theresa Fogarty, Planning Department DATE: October 25, 2000 0.p CHESTER•:tl/,�, 01 t.: h 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 ` `sue--'� / \ f 1s � .�' w^ � : ` ' �' (' I _ 1� le cl 19 1 �•/ • a + � L 1' 1 4} n I pl 11,IF�n III Ulaa- ;911F= 1Vld A2IVNIVNMNdI6 v10S3NNIw 'M31S3HOOV=sili}i NOISIAIOB(1S,1S2llj 3JO3H3NOlS _ U. f e �_r ',.,.� 153' MNVId 1N3WdOl3A3a 1V23NTD " 3 u ., y li1..}I r-Yi v�r� �r•r.v •�. ir.Yr I'.� � � � � h . � � 3� l053NNIw'a3153H70a *— LM I V! V�YI I / I y ^ 7 l .5Q-1k} 1j1 Gii 7Q1 4''1'IU / !/J 111 111 �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 R4 HEvz soa -a; _.__- � •. � -:_-- R�TFD.A�•.�p57•'•` D� ✓oG�rcr�eda�a DAVID A. KAPLER, Chief Rochester Fire Department 201 4th Street SE, Room 10 Rochester, MN 55904-3726 (507)285-8072 FAX #(507) 285-8256 DATE: 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 ($7,800) in lieu of land will fulfill the dedication obligation of this plat. Payment of parkland dedication fee is required prior to the recording of the final plat documents. 2. Outlot A shall be dedicated to the City. Council Action Needed: 1. A resolution approving the plat can be adopted. Attachment: Staff Report dated March 29, 2001. EnCIOSures: (To be submitted separately to the City Clerk by the Planning Staff upon receipt from the applicant) 1. City Clerk's Copy of Applications 2. Recordinglireasurer/Auditor's Statement, L 3. Recording Fee 4. Title Opinion 5. 1 Original Plat Mylar 6. 3 Mylar Copies of Plat Distribution: 1. City Attorney 2. Planning Department File 3. Planning Department — GIS 4. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, April 2, 2001, in the Council/Board Chambers at the Government Center, 151 4th Street SE. 5. McGhie & Betts, Inc. COUNCIL ACTION: Moeonby: Second by: to: I Z } } I� t J + S 1i C, 3 I � Y / y all b , o � n 0 m 0 i 4 i 41�rOV • g kq n° a O 5 � z WS w �b,:i r�.Ti�y b� b�if Eji2 j¢i�i �. WL N m �k gistum Siss 81 K M „9f,Of.10 N / 9S'fOB w•wR ur. v,n ,s., y 40100 L C K 4 , B� 5� n •�� ^ 1 / i - yi 1� �iyy • - �— o• wnvme TI" 1 i -� a•r. . � c j11 , j • tlMY 1 � �� 4Y \ t I• m Y « 1 j 1 1 I 0.tlf « • Y f W N N � e� P A•k s/ •.a N r � „� ems.+,•' ` ourLo� \ J ) 6 stl 4 ti J < R+ le —"��'�j"fekgN�= . s�i � . _,•moo ae,.;8 log p �o �F iE WIN Z n W< 3 „fZ,9V.10 S tlN }•� to = e iE�p N G#e•e q g�G E$lv umt•• 0 Jtl 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� r ri'• @q TEb:A VGUST 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 "4' j��X6tf ✓r Fp /1 y /, ��', 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� i 9{ 2 2 � Ali 1! '49nS 1i 3I.LS Od - a 11 11 I5 ➢90Q Q a � Ail Hill kgl 1 jjs a a, I S3a' !iv 71"ii8ia 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 H fill'(? �s r '3'1N GBON HSA18 ISV3 .4 kj limitIj FYI " Zq 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: s I PART OF �iE N 1/2, WA PART OF E NW 1/4, NT 1/4I ION 4D T 106 N, R 14 W OLMSTED COUNTY, MINNESOTA 5 34 132.00. W. R.O.W. 3STN AVE. N.w. 264.48 REC. (_ 264.56 MEAS. !�, a 0 200 400 B00 SCALE IN FEET MONUMENT4 o BENT 3' CO. MON. ° SET 1/2" REBARS W.�: O - SET.3/4" 'IRON PIPES ' ':a• � : , � A 2Z'17'59* • ,FOUND MONUMENTS R - 1272.12 '(PIPE, ROD, ETC...) to 'E,.citii L - 495,10 AKIN _ ' � x I �z rr 50.00 Beorings ore Minnesolo Stote Prone Grid �'- "4 AZimulhs mcosured to the right From Crid North. cl ` All monuments set hove o Iodic p cop stomped L.S. 22422, 2 21 - 24'32.52- R 1145.90 L 490.95 •ROIECT NUMBER 5751-97 1 HEREBY CERTIFY THAT THIS SURVEY, PLAN OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION µD THAT 1 AM A DULY )ATE OF SURVEY_ 11/05/97 REGISTERED LAND SURVEYOR UNDER THE LAWS' Ofl1 STATE OF MINNESO7I„ •URVEYED BY__R (\�L�\�\\ URVEYED FOR REDRC K RRK RR - �.%-I (a -Cii 9 ¢Z'L� -4-Z^Z DATE SHEET 1 OF 7 ENGINEERS - ARCHITECTS . 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 C -O L B Y ASSOCIATES 14 W 7E'U w+ z is m O2 m m❑ O J J J J U) Q O ILA N rx: 3 d r-+ E-" Q. M 2 C jA O _ p p C D C LL o E ° E m _m W ❑ W 2 12 CD 0 N N c0 co C O G� Of .�OCHEST. R.,y�A,N f 1 9 Ll I q ;q 1 , TED ALGti STD 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. Ndl'r • �l '' a �J �.%l�J�in.�/'`% �r�. /'C�/J�c° ;f'y'- �-�.i ild% 6PLi1 P_k eC COUNCIL ACTION REQUESTED: SjS5�, �� -y Cd2c 5 � -7 a, �Cfyl�� ct %rfr1 S -7, 2-7 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 G ` ; M 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, n F 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 `- 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: