HomeMy WebLinkAbout06/04/2001_RegularCITY OF ROCHESTER
COUNCIL AGENDA
COUNCILBOARD CHAMBERS
GOVERNMENT CENTER
151 4TH STREET SE
MEETING NO. 11
REGULAR
PAGE
(1-2) A) OPEN COMMENT PERIOD
B) CALL TO ORDER
C) LETTERS AND PETITIONS
JUNE 4, 2001
7:00 P.M.
(3-4) D) CONSENT AGENDAIORGANIZATIONAL BUSINESS
1)
Approval of Minutes
(5-6)
2)
Amendment to Billboard Ordinance/Cap Reduction when Multiple
Smaller Billboards are Replaced by a Larger Billboard of Equal
Square Footage
(7-8)
3)
Authorize the City Administrator and Rochester Airport Company the
Ability to Grant Easements to Developers Along Airport View Dr. SW
(9-14)
4)
Consideration of Public Utility Board Action
(15-16)
5)
License, Bonds & Miscellaneous Activities
(17-18)
6)
Approval of Accounts Payable
(19-22)
7)
Amendment of Airport & Park & Recreation Fund 2000 Budgets
(23-24)
8)
2001 Compensation and Benefits for Painters
(25-26)
9)
Wetland Delineation and Replacement Plan/Bigelow Enterprises,
Kingsbury Hills, Phase II
(27-32)
10)
Type III, Phase II, Restricted Development by 12t' Street Dental
(33-38)
11)
Annexation Petition by Joseph Postier, DDS to Initiate Orderly
Annexation of Approx..99 Acres Described as Lots 1, 2 and 3, Block
1, Rose Harbor Second Subdivision
(39-42)
12)
Council Initiated Annexation to Annex Approx. 165 Acres of Airport
Property Along South Side of the Airport
(43-44)
13)
U.S. Department of Housing & Urban Development, 2000 Public
Housing Drug Elimination Grant
(45-46)
14)
Request for Hearing/Assessment of Water Services Replacement
Charges
(47-48)
15)
Amendment to Owner Contract/Basic Construction in Kingsbury Hills
Subdivision
(49-50)
16)
Pedestrian Facility Agreement/Gerald & Vivian Strauss (Lot 12, Oak
Hills Subdivision)
(51-52)
17)
Owner Contract/Waterri,ain & Hydrant to Serve the Calvary
Evangelical Free Church
Council Agenda
June 4, 2001
Page 2
(53-54) 18) Owner Contract/Watermain & Hydrant to Serve the PEMSTAR
Building Addition on Lot 2, Block 1, Rochester Technology Park
(55-56) 19) Stormwater Management Agreements
(57-58) 20) Award of Contract/Traffic Calming on Fox Valley Drive from 23`d
Avenue SW to Salem Road
(59-60) 21) Advertise for Bids/Reconstruction of Cascade Street NW from 9'"
Avenue NW to 181' Avenue NW
(61-62) 22) Supplemental Agreement #1/Construction of Fox Valley Drive SW
(63-64) 23) Award of Contract/Restoration #4 Center Street Ramp
E) HEARINGS
(65-72) 1)
Continued Hearing/Zoning District Amendment Initiated by Rochester
Common Council to Establish Zoning Districts for Land Recently
Annexed to the City Located at the SE Quadrant of Bamber Valley
Road and Mayowood Road, North of Merrihills Drive SW
(73-92) 2)
Type III, Phase ll, Preliminary Plat to be Known as Fox Hill
Subdivision
(93-120) 3)
Preliminary Plat by R & L Partnership to be known as Scenic Oaks
Second Addition
(121-158) 4)
Preliminary Plat by Arcon Development to be Known as Boulder
Ridge
(159-166) 5)
Final Plat to be Known as Rose Harbor Estates Second
(167-176) 6)
Vacation Petition by Western Walls, Inc. to Vacate Northerly &
Easterly 8 Feet of Right -of -Way Platted as Rose Heights Drive
located South of Eastwood Road SE, North of Park Street & West of
Harbor Drive
(177-192) 7)
Restricted Development Conditional Use Permit by Olmsted County
HRA to Construct a Garage for the Purpose of Storing Maintenance
Equipment to be Used for Maintaining HRA Properties
(193-200) 8)
Annexation by R.L. Hexum & Associates on Behalf of Graham
Properties LTD to Annex Approx. 39.72 Acres West of St. Bridget
Road, East of TH 63 & South of 48'" Street SE
F) REPORTS AND RECOMMENDATIONS
(201-202) G) RESOLUTIONS AND ORDINANCES
H) TABLED ITEMS
1) OTHER BUSINESS
J) ADJOURNMENT
REQUEST FOR COUNCIL ACTION
MEETING
DATE: 6/4/01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
OPEN COMMENT PERIOD
CITY ADMINISTRATOR
A
ITEM DESCRIPTION: OPEN COMMENT PERIOD
PREPARED BY:
S.KVENVOLD
This agenda section is primarily for the purpose of allowing citizens to address the City Council on a topic of
their choice. The following guidelines apply:
• This section of the agenda may not be used as a forum to continue discussion on an agenda item which has
already been held as a public hearing.
• This agenda section is limited to 15 minutes and each speaker is limited to 4 minutes.
• Any speakers not having the opportunity to be heard will be first to present at the next Council meeting.
• Citizens may only use this forum to address the Council on a maximum of one time per month.
• Matters currently under negotiation, litigation or related to personnel will not be discussed in this forum.
• Questions posed by a speaker will generally be responded to in writing.
COUNCIL ACTION: Motion by. Second by: to:
REQUEST FOR COUNCIL ACTION
MEETING 3
DATE: 6/4/01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
CONSENT AGENDA
CITY ADMINISTRATOR
D-1-23
ITEM DESCRIPTION:
PREPAREACouncil
APPROVAL OF CONSENT AGENDA ITEMS
G. NEUM
This RCA lists all the items which have been included in the consent agenda for this meeting. The
approve all of the items with a single motion to approve. The Council President will allow the Councilmembers
an opportunity to state whether there are any of these items which you wish to have removed from the consent
agenda approval and to have them discussed and acted upon separately by the Council.
The consent agenda for this meeting consists of the following RCAs:
D-1. Approval of Minutes
D-2. Amendment to Billboard Ordinance/Cap Reduction when Multiple Smaller Billboards are Replaced by a
Larger Billboard of Equal Square Footage
D-3. Authorize the City Administrator and Rochester Airport Company the Ability to Grant Easements to
Developers Along Airport View Dr. SW
D-4. Consideration of Public Utility Board Action
D-5. License, Bonds & Miscellaneous Activities
D-6. Approval of Accounts Payable
D-7. Amendment of Airport & Park & Recreation Fund 2000 Budgets
D-8. 2001 Compensation and Benefits for Painters
D-9. Wetland Delineation and Replacement Plan/Bigelow Enterprises, Kingsbury Hills, Phase II
D-10. Type III, Phase II, Restricted Development by 12`h Street Dental
D-11. Annexation Petition by Joseph Postier, DDS to Initiate Orderly Annexation of Approx..99 Acres
Described as Lots 1, 2 and 3, Block 1, Rose Harbor Second Subdivision
D-12. Council Initiated Annexation to Annex Approx. 165 Acres of Airport Property Along South Side of the
Airport
D-13, U.S. Department of Housing & Urban Development, 2000 Public Housing Drug Elimination Grant
D-14. Request for Hearing/Assessment of Water Services Replacement Charges
D-15. Amendment to Owner Contract/Basic Construction in Kingsbury Hills Subdivision
D-16. Pedestrian Facility Agreement/Gerald & Vivian Strauss (Lot 12, Oak Hills Subdivision)
D-17. Owner Contract/Watermain & Hydrant to Serve the Calvary Evangelical Free Church
D-18. Owner Contract/Watermain & Hydrant to Serve the PEMSTAR Building Addition on Lot 2, Block 1,
Rochester Technology Park
D-19. Stormwater Management Agreements
D-20. Award of Contract/Traffic Calming on Fox Valley Drive from 23rd Avenue SW to Salem Road
D-21. Advertise for Bids/Reconstruction of Cascade Street NW from 9`h Avenue NW to 18`h Avenue NW
D-22. Supplemental Agreement #1/Construction of Fox Valley Drive SW
D-23. Award of Contract/Restoration #4 Center Street Ramp
COUNCIL ACTION REQUESTED:
Motion to approve consent agenda items.
COUNCIL ACTION: Mollon by: Second by: to:
REQUEST FOR COUNCIL ACTION
MEETING
DATE: 6/4/01
AGENDASECTION:
ORIGINATING DEPT:
ITEM NO.
CONSENT AGENDA
CITY ADMINISTRATOR
D_02
ITEM DESCRIPTION: Amendment to Billboard Ordinance - Cap Reduction when Multiple
PREPARED BY:
Smaller Billboards are Replaced by a Larger Billboard of Equal Square Footage
G. NELTMANN
The City's Billboard Ordinance placed a cap on the number of billboard signs in the community. The
ordinance also makes provision for the removal of an equal square footage of legal non-confornng sign area,
by owners of such signs, to erect a new advertising sign of equivalent sign area. In some cases this may result in
two or more smaller non -conforming billboards being removed in return for the ability to erect a new
conforming sign of equivalent sign square footage at a better location. The staff has assumed that in such an
instance the cap would be reduced by the number of billboards removed that exceed the one new billboard that
is erected. However, that does not appear clear in our ordinance. The staff would recommend that in instances
in which multiple non -conforming billboards are removed to obtain an equal square footage in a single new
billboard that the cap would be reduced accordingly.
For example, if three smaller billboards are taken down and replaced by a conforming new billboard with equal
the sign area of the three smaller billboards, then the cap should be reduced by two as there are two less
billboards in the community. There still would be the same square footage of billboard advertising but it would
be on a single conforming sign, rather than on three non -conforming billboards in this example. If the cap is not
reduced, it would allow sign companies to apply for permits to erect two new billboards, as there would be room
for two more under the cap due to the removal of the smaller billboards, with much larger square footage in
addition to the one new billboard that is replacing the smaller the billboards.
The staff is recommending that the Council initiate an amendment to the billboard ordinance to address this
situation. The language is listed below
Add clause (e) to subsection 5 of Section 65.510 to read as follows:
"(e) Multiple sign credits may be used to obtain a single sign permit for the erection of a single
advertising sign. The amount of the area of the new advertising sign may not exceed the area of
the nonconforming advertising signs the removal of which resulted in the issuance of the sign
credits. Furthermore, the number of the cap set forth in Section 63.224 (1) (e) shall be reduced
by the number of sign credits submitted to the zoning administrator, minus one, in order to
obtain the single sign permit for the new advertising sign. (For example, the use of three sign
credits to obtain one new sign permit will reduce the cap by two.)"
COUNCIL ACTION REQUESTED:
Approval to initiate an amendment to the billboard ordinance provisions in the zoning ordinance and refer this
matter to the Planning Commission.
COUNCIL ACTION: Motion by. Second by: to:
of more than 33 percent of the new replacement cost of the sign, the sign 41
must either be removed or brought within the requirements of this section.
Any sign which must be removed shall be removed within 60 days of the
date of receipt of notice from the Zoning Administrator. Any sign requiring
change, repair or maintenance to become conforming must be restored
within six months of the date of the need for restoration becomes apparent.
5) Any person or entity wishing to erect a new advertising sign that owns any
legal nonconforming advertising signs must remove an equal or greater
amount of legal nonconforming advertising sign area than the advertising
sign area of the new advertising sign(s) to be erected.
a) Once the advertising sign owner has furnished proof of the total area
of nonconforming advertising sign(s) removed and proof of removal of
the supporting structure, the owner will be issued a sign credit. This
sign credit must be furnished to the Zoning Administrator before a
sign permit to erect the new advertising sign(s) will be issued. The
sign permit shall allow the erection of a new advertising sign so long
as the number of the cap set forth in Section 63.224 1) e) is not
exceeded and the amount of area of the new advertising sign does
not exceed the area of the nonconforming advertising sign which was
removed.
b) The sign credit must be used to erect a new conforming advertising
sign within two years of the date of issuance or the credit will lapse. If
the sign credit lapses, the person or entity seeking to erect a new
advertising sign must remove an additional equal or greater amount of
legal nonconforming advertising sign area in order to erect a new
advertising sign. In addition, if the sign credit lapses, the number of
the cap set forth in Section 63.224 1) e) shall decrease by the number
of lapsed credits. However, the period of time during which an interim
ordinance on the erection of new advertising signs is in effect shall not
be counted in determining whether a sign credit has lapsed.
c) This replacement requirement applies to all persons or entities that
own legal nonconforming signs and wish to erect new advertising
signs until the person or entity no longer owns any more legal
nonconforming signs.
d) In addition, even if an advertising sign owner would otherwise qualify
to erect a new advertising sign pursuant to this subdivision, the
advertising sign owner may not erect the sign if doing so would cause
the number of the cap on advertising signs as set forth in Section
63.224 1 ee) to be exceeded.
6) If an addveertising sign has been removed as a result of public purchase or
condemnation initiated by the City of Rochester, then the sign owner will be
entitled to either financial compensation or a sign credit, but not both -
alternatives. Where the City is not otherwise legally obligated to pay
financial compensation, the City retains the right to designate whether the
sign owner will receive financial compensation or a sign credit.
PAGE 420
AUGUST 1. 2000
REQUEST FOR COUNCIL ACTION MEETING ? i
DATE: 6/3/01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
Consent
Rochester International Airport
D-3
ITEM DESCRIPTION: Authorize the City Administrator and the Rochester Airport Company
PREPARED By:
the ability to grant easements to developers along Airport View Drive S.W.
Steven W. Legve
The Rochester Airport Commission recommends and requests Council authorization to:
Authorize the City Administrator and the Rochester Airport Company the ability to grant easements from a
developers' leased property along Airport View Drive S.W. to Airport View Drive S.W. and then continuing on
Airport View Drive S.W. to CSAH 16. These easements will be required by most lenders for development
along Airport View Drive S.W.
There is a current development that needs an easement from its location onto Airport View Drive S.W., and
from Airport View Drive S.W., to CSAH 16; there will be additional developments in this area which will
need necessary access/ingress easements; and there should be one approval to cover all current and
future access easement requests so that development is not delayed until the next Council meeting at which
time the Council will approve the easement.
COUNCIL ACTION REQUESTED:
Adopt a Resolution authorizing the Mayor and City Clerk to execute any and all ingress/egress/access
easements linking private development occurring on or about the Rochester International Airport with city -
owned airport roads and CSAH 16 so long as the City Attorney approves the easements as to form and the
City Administrator and Airport Manager determine the easements are proper and appropriate for the
operation and development of the Rochester International Airport.
COUNCIL ACTION: Motion by: second by: W:
In
Meeting
REQUEST FOR COUNCIL ACTION Date 6/4/01
ENDA SECTION
ORIGINATING DEPT:
ITEM NO.
D'
Rochester Public Utilities
Reports & Recommendations
ITEM DESCRIPTION:
PREPARED BY:
Consideration of Public Utility Board Action
Kathy Wilson
The Rochester Public Utility Board has approved the following on May 30, 2001 and requests the
Common Council's favorable consideration:
to approve a resolution to approve a contract agreement with L.E. Meyers Company,
and that the Common Council authorize the Mayor and the City Clerk to execute the
agreement for Cascade Creek 16lkV Substation Construction — Contract 5. The
amount of the contract agreement to be $946,576.51 and L.E. Meyers Company
being lowest responsible bidder.
to approve a resolution to approve a contract agreement with Unibus, Inc., and that
the Common Council authorize the Mayor and the City Clerk to execute the
agreement for Cascade Creek Unit — Contract 4 Nonsegregated Phase Bus Duct.
The amount of the contract agreement to be $55,533.00 plus a contingency of 10%
($5,553.00) for a total approved amount of $61,086.00 and Unibus, Inc. being
lowest responsible bidder.
to approve a resolution to approve a purchase order agreement with Sebesta
Blomberg & Associates, Inc. for professional services for the Silver Lake Plant's
2001 boiler control upgrade. The amount of the purchase order agreement not to
exceed $102,590.00.
to approve a resolution to approve a contract agreement with Utilicorp United Inc.,
and that the Common Council authorize the Mayor and the City Clerk to execute the
agreement for services as defined in the Guaranteed Delivery Agreement. The
amount of the contract agreement to be $12.50 per MMBtu per month for a volume
of 200 MMBtu and a term of three years. The total value of the agreement is
$90,000.00.
to approve a resolution to approve a purchase order agreement with Stanley
Consultants for a cost of service study for the electric utility. The amount of the
purchase order agreement not to exceed $57,000.00.
to approve a resolution to approve a purchase order agreement with Morgan
Marketing Partners, Inc. for a customer survey. The amount of the purchase order
agreement to be $55,750./00.
GENERALMANAGER: J/31161f
COUNCIL ACTION: Motion by: Second by: to:
Agenda Item # 3. a .
SUBJECT:
PREPARED BY:
ITEM DESCRIPTION:
FOR BOARD ACTION
Meeting Date: 5/30/01
Consideration of B
Contract 5 for 161kV Substation Construction
Greg Woodworth 6�
Engineering Manager
The installation of the second combustion turbine requires extensive modification of the Cascade Creek
1611V substation in order to connect the new combustion turbine generator to the transmission system.
That substation construction will be completed under Contract 5.
Four large transmission/substation contractors were contacted and invited to bid the substation work
detailed in Contract 5. One contractor immediately declined to bid the project due to his already existing
workload. Three contractors attended the pre -bid conference on April 25. The Bums and McDonnell
Project Manager and RPU staff toured the worksites, explained the work to be completed and answered
questions regarding the project. Attendance at the pre -bid conference was required in order to submit a
responsible bid.
Three responsible bids were opened on Thursday, May 17, 2001. All bidders submitted Bid Bonds and
signed Addendums 1 and 2, as required in order to supply a responsible bid. The bids are listed below:
Bidder & Home Office Bid Amount
The L.E. Myers Co., Marshalltown, IA 946,576.51
Par Electrical Contractors, Inc., Des Moines, IA 1,228,301.85
Hooper Corporation, Madison, WI. 1,105,810.50
This work is budgeted to be completed in 2001 and early 2002. All three bids compare well with the
engineer's estimate of $1,010,000.
UTILITY BOARD ACTION REQUESTED:
It is recommended that the Board request the Common Council to approve a contract agreement with L.E.
Myers Company for $946,576.51 for Contract 5, Substation Construction.
9XIMwRa 5-24-01 VJYV�
GenUal Manager Date
ROCHESTER PUBLIC UTILITIES
FOR BOARD ACTION
Agenda Item# 3.b. Meeting Date: 5/30/01
SUBJECT:
PREPARED BY:
Cascade Creek Unit 2 - Contract 4
Nonsegregated Phase Bus Duct
Wally Schlink, Manager of Power Production
ITEM DESCRIPTION:
Cascade Creek Unit 2 is the new gas turbine installation project at the Cascade Creek substation.
The project as a whole has received approval from both the Utility Board and the City Council and we
are in the process of bidding and requesting approval for the individual contracts that will make up the
entirety of the project. This is Contract 4 of the Cascade Creek Unit 2 Gas Turbine Project
The project is set up in a multiple contract format with Bums & McDonnell providing architectural and
engineering services and RPU being the project manager. The scope of Contract 4 is to provide the
following material and perform the related service / start up work.
NONSEGREGATED PHASE METAL ENCLOSED BUS DUCT, 3 phase, 3 wire, rated 15kV,
3000 A continuous, 65KA RMS asymmetrical, and designed for a 65C rise above an ambient air
temperature of 40C.
The purpose of the nonsegregated bus duct is to provide the electrical connection between the
generator breaker and the generator step up transformer.
Bums and McDonnell developed the specification that was then distributed to potential bidders and
advertised as required. Bids were received and opened on May 10, 2001 and two (2) companies
responded to the bid request and submitted proposals. One of the bidders did not include a bid bond
as required and that bid was deemed non -responsive and the package was retuned to the bidder. The
remaining bid was reviewed for responsiveness and compliance with the technical specification.
The recommendation to award from Burns & McDonnell is attached. Bums & McDonnell
recommended award of the bid to Unibus, Inc., RPU staff concurs with this recommendation.
UTILITY BOARD ACTION REQUESTED:
Staff recommends that the Board approve a resolution requesting the Common Council to approve a
contract agreement with Unibus, Inc to provide the services and materials as defined in the bid
specification for a contract price of $55,533.00 plus a 10% contingency of $5,553.00 for a total
approved amount of $61,086.00
R' Z\Iitvlec{ S-zL1-01 W S,
Gebiral Manager 6ate
FOR BOARD ACTION
Agenda Item # 5 Meeting Date:
SUBJECT:
Professional Services — Boiler Control Upgrade 2001
PREPARED BY:
Wally Schlink, Manager of Power Production
ITEM DESCRIPTION:
5/30/01
in March 2001, the Utility Board approved a proposal from Novaspect, Inc. to upgrade all the Silver
Lake Power Plant boiler controls to modern, computer based digital controls. These controls provide
the safety and supervisory system for the steam generating units, as well as monitoring and operating
the combustion control process.
Due to the cutting edge technology being used and to assure a reliable, dependable and well installed
system, RPU staff believes it would be prudent and in the utility's best interests, to retain an
engineering services group to oversee the development and installation of the boiler controls upgrade
and to serve as an owner's representative to protect the interests of RPU during the process.
Sebesta Blomberg & Associates, Inc. has assisted RPU in the development and evaluation of the
boiler controls specification and has been involved in the project development early on in the project.
Staff would like to retain Sebesta Blomberg & Associated, Inc. to perform the service as the owner's
representation on a time and material basis for the duration of the project. They are experienced in
the installation of control systems and staff has been well satisfied with their performance during the
prior stages of this project.
Attached is a proposal from Sebesta Blomberg Associates estimating time and cost to perform the
requested services.
UTILITY BOARD ACTION REQUESTED:
Staff recommends that the Utility Board approve a resolution requesting the Common Council to
approve a purchase order contract with Sebesta Blomberg & Associates, Inc. to provide professional
services related to the boiler control upgrade project. All work will be performed on a time and
material basis with the total amount not to exceed one hundred two thousand five hundred ninety
dollars ($102,590.00)
gev�wecl 5-24—D I WY\�-
G s 'Is p '
neral Manager Date
CITY OF ROCHESTER LOCAL IMPROVEMENT PROPERTY LIST
OPTION 1 WATER SERVICE REPLACEMENTS - J9523, J9525, J9330
T,kM D-l4
06/01/01 PAGE 1
G -q-or Alot4 ,
7033 WATER
SERVICE REPLACEMENTS
- J9523, J9525, J9330 6 AVE SE, 7 AVE
SE, AND 1 ST SW
PAYERS NAME AND NAILING
ADDRESS
L E G A L D E
S C R I P T I O N
PROPERTY ID LOT BILK
_...VIN L & BEVERLY B BRANDT
NW1/4 NW1/4 SEC 33
105 15
55.33.22.043705
11020 COUNTY 3 RD SW
STEWARTVILLE MN
55976
SERVICE CONNECTION
1.000 EACH
800.00000000
800.00
TO BE ASSESSED
800.00
•• ARIES, MINNIE
ADDITION ••
PHEAB PAR & RANH KANG
N47 1/2FT S97 1/2FT
E76FT
74.36.33.000805 002
10 6TH AVE SE
LOTS 1 AND 2
ROCHESTER MN
55904
SERVICE CONNECTION
1.000 EACH
700.00000000
700.00
TO BE ASSESSED
700.00
•• AUDITOR'S PLAT A ••
MARY A BUSKER
N45FT LOT 46
SIB 7 AVE SE
ROCHESTER
MN
55904
SERVICE CONNECTION
1.000
EACH
800.00000000
800.00
TO BE ASSESSED
800.00
JENNIFER M HOISETH
S49FT LOT 48
832 7TH AVE SE
ROCHESTER
MN
55904
SERVICE CONNECTION
1.000
EACH
800.00000000
800.00
TO BE ASSESSED
800.00
ROSANNA M OLSON
W1/2 LOT 53 LESS
N60FT
852 7 AVE SE
THEREOF
---'iESTER
MN
55904
DICE CONNECTION
1.000
EACH
600.00000000
600.00
._ 3E ASSESSED
____________________________________
600.00
--------------- ____----------------------------
IM IEM & YOEUS MENG
LOT 55
854 7TH AVE SE
ROCHESTER
MN
55904
SERVICE CONNECTION
1.000
EACH
800.00000000
800.00
TO BE ASSESSED
800.00
PATRICK L BRITTAN
LOT 56
858 7TH AVE SE
ROCHESTER
MN
55904
SERVICE CONNECTION
1.000
EACH
800.00000000
800.00
TO BE ASSESSED
800.00
ROBERT B & THERESA E
GOODMAN
LOT 57
862 7TH AVE BE
ROCHESTER
MN
55904
SERVICE CONNECTION
1.000
EACH
800.00000000
800.00
TO BE ASSESSED
800.00
CATHRYN K & MARGARET
MCNAMARA
W131FT LOT 58
868 7 AVE SE
ROCHESTER
MN
55904
SERVICE CONNECTION
1.000
EACH
800.00000000
800.00
TO BE ASSESSED
800.00
_____________________________________-______...________...________._._____________
JOAN S & RAYMOND H MILANO
S52FT N104.6FT E132FT
LOT 59
825 7TH AVE BE
ROCHESTER
MN
55904
SERVICE CONNECTION
1.000
EACH
400.00000000
400.00
TO BE ASSESSED
400.00
64.01.31.001097 046
............................................
64.01.31.001100 048
------------------------------------------
64.01.31.001109 053
-------------------------------------
64.01.31.001112 055
------------------------------------
64.01.31.001113 056
64.01.31.001114 057
64.01.31.001117 058
--------------------------------------------
64.01.32.001123 059
v
CITY OF ROCHESTER LOCAL IMPROVEMENT PROPERTY LIST 06/01/01 PAGE 2
TAXPAYERS NAME AND MAILING ADDRESS L E G A L D E S C R I P T I O N PROPERTY ID LOT BLK
ALICE C RIESS S52FT N156.6FT E132FT LOT 59 64.01.32.001124 059
831 7TH AVE SE
ROCHESTER MN 55904
SERVICE CONNECTION 1.000 EACH 800.00000000 800.00
TO BE ASSESSED 800.00
'* EAST ROCHESTER ADDITION
AUDREY J SMITH
W85FT LOT 1 BLK 10
64.01.24.005628
001
010
624 71H AVE SE
ROCHESTER
MN
55904
SERVICE CONNECTION
1.000
EACH
700.00000000
700.00
TO BE ASSESSED
700.00
THOMAS J & CHERIE A
JENSEN
LOT 5 BLK 10
64.01.24.005633
005
010
614 7TH AVE SE
ROCHESTER
MN
55904
SERVICE CONNECTION
1.000
EACH
800.00000000
800.00
TO BE ASSESSED
800.00
JEFFREY R & KATHERINE
L
KUNZ
LOT 9 BLK 10
64.01.24.005637
009
010
611 8TH AVE SE
ROCHESTER
MN
55904
SERVICE CONNECTION
1.000
EACH
2O0.00000000
200.00
TO BE ASSESSED
200.00
------------------------------------------------------------------------------------------------------------------------------------
PEPE PAUL & AMY HEADLEE
LOT 2 BLK 11
64.01.23.005643
002
011
625 7TH AVE SE
ROCHESTER
MN
55904
SERVICE CONNECTION
1.000
EACH
800.00000000
800.00
TO BE ASSESSED
800.00
JOHN A HOFFMAN
E 1/2 LESS N9 1/2FT
LOT 10
64.01.23.005651
010
011
607 7TH AVE SE
BLK 11
ROCHESTER
MN
55904
SERVICE CONNECTION
1.000
EACH
800.00000000
800.00
TO BE ASSESSED
800.00
BRUCE W & PEGGY L BERNDT
LOT 6 BLK 18
64.01.23.005733
006
018
717 7TH AVE SE
ROCHESTER
MN
55904
SERVICE CONNECTION
1.000
EACH
800.00000000
800.00
TO BE ASSESSED
800.00
------------------------------------------------------------------------------------------------------------------------------------
GREGORY J KRAUS &
LOT 7 BLK 18
64.01.23.005734
007
018
711 7 AVE SE
ROCHESTER
MN
55904
SERVICE CONNECTION
1.000
EACH
800.00000000
800.00
TO BE ASSESSED
800.00
RICHARD R & SHARON K
KRAHN
LOT 10 BLK 18
64.01.23.005737
010
018
705 7TH AVE SE
ROCHESTER
MN
55904
SERVICE CONNECTION
1.000
EACH
800.00000000
800.00
TO BE ASSESSED
800.00
JULIE D BROWN
LOT 5 BLK 19
64.01.24.005745
005
019
716 7TH AVE SE
ROCHESTER
MN
55904
SERVICE CONNECTION
1.000
EACH
800.00000000
800.00
TO BE ASSESSED
800.00
LYLE S & KAY A MANLEY
LOT 8 BLK 19
64.01.24.005748
008
019
3424 WEST CLARISSE
TUCSON
AZ
85741
SERVICE CONNECTION
1.000
EACH
800.00000000
800.00
TO BE ASSESSED
800.00
CITY OF ROCHESTER
LOCAL IMPROVEMENT PROPERTY LIST
06/01/01
PAGE 3
TAXPAYERS NAME AND
MAILING ADDRESS
L E G A L D E
S C R I P T I O
N
PROPERTY ID
LOT
BLK
MICHAEL T & HEIDI A
TORGERSON
LOT 6 AND S1 1/2FT LOT 7 BLK
64.01.23.005786
C06
817 7TH AVE SE
23
--NESTER
MN 55904
VICE CONNECTION
1.000
EACH
800.00000000
800.00
.., BE ASSESSED
800.00
------------------------------------------------------------------------------------------------------------------------------------
MICHAEL D MCGOVERN
N48FT LOT 7 BLK 23
64.01.23.005787
007
023
811 7TH AVE SE
ROCHESTER
MN 55904
SERVICE CONNECTION
1.000
EACH
800.00000000
800.00
TO BE ASSESSED
____________________________________________________________________________________________________________________________________
800.00
** HAGGERTYS SUB
**
DAVID & LISA CHRISTENSEN
W125FT N44FT LOT 9 AND W125FT
74.36.33.008982
009
122 6 AVE BE
S6FT LOT 10
ROCHESTER
MN 55904
SERVICE CONNECTION
1.000
EACH
800.00000000
800.00
TO BE ASSESSED
800.00
BYRON PERRINE
N35FT LOT 12 & S 21FT
LOT 13
74.36.33.008985
012
206 9TH ST S
OLIVIA
MN 56277
SERVICE CONNECTION
1.000
EACH
800.00000000
800.00
TO BE ASSESSED
800.00
** KUTZKY'S ADDITION
(A.W.)
**
DAVID AND WENDY CHRISTIANSEN
LOT 18 BLK 1
74.34.44.011459
018
001
1147 1 ST SW
ROCHESTER
MN 55902
SERVICE CONNECTION
1.000
EACH
800.00000000
800.00
TO BE ASSESSED
800.00
- "3 K SCHULDT
LOT 22 BLK 1
74.34.44.011463
022
001
1 1ST ST SW
.._TESTER
MN 55902
SERVICE CONNECTION
1.000
EACH
2OC.00000000
200.00
TO BE ASSESSED
200.00
** D. P. MADDEN'S
ADDITION
**
CHRISTOPHER SAAM
LOT 4 BLK 2
64.01.33.012086
004
002
1147 7TH AVE SE
ROCHESTER
MN 55906
SERVICE CONNECTION
1.000
EACH
800.00000000
800.00
TO BE ASSESSED
800.00
** MORSE AND SARGEANT'S
ADDITION
**
ANNE C ROARK
LOT 8 BLK 45
64.01.22.015053
008
045
316 6 AVE SE
ROCHESTER
MN 55904
SERVICE CONNECTION
1.000
EACH
800.00000000
800.00
TO BE ASSESSED
800.00
------------------------------------------------------------------------------------------------------------------------------------
GEORGE F POUGIALES
W125FT LOT 1 BLK 52
64.01.22.015095
001
052
819 2ND ST SW
GEORGE F POUGIALES
ROCHESTER
MN 55902
SERVICE CONNECTION
1.000
EACH
800.00000000
800.00
TO BE ASSESSED
800.00
THOMAS H & TARA M MEILANDER
W125FT LOT 5 BLK 52
64.01.22.015099
005
052
3210 PINEWOOD RD SE
CITY OF ROCHESTER
LOCAL IMPROVEMENT
PROPERTY LIST
06/01/01
PAGE 4
TAXPAYERS NAME AND
MAILING ADDRESS
L E G A L
D E S C R I P T I O N
PROPERTY ID
LOT
BLK
ROCHESTER
MN 55904
SERVICE CONNECTION
1.000 EACH
800.00000000
800.00
TO BE ASSESSED
800.00
-----------------------------------
GEORGE R 8 DOROTHY
----------------
E PAULSEN
-------------------------------------------------------------
W125FT LOT 12 BLK
52
64.01.22.015106
012
-----------------
052
208 6TH AVE BE
ROCHESTER
MN 55904
SERVICE CONNECTION
1.000 EACH
600.00000000
600.00
TO BE ASSESSED
------------------------------------------------------------------------------------------------------------------------
600.00
" "-------'
** SUBDIVISION
LOT 90 **
RONALD W 8 JUDITH M
PORTER
LOT 22 BLK 2
64.01.31.021751
022
002
922 7TH AVE SE
ROCHESTER
MN 55904
SERVICE CONNECTION
1.000 EACH
1,200.00000000
1,200.00
TO BE ASSESSED
1,200.00
-----------------------------
JOHN R 8 MICHELLE S
------------------------------------------------------------------------------------------------------
POTTER
LOT 23 BLK 2
64.01.31.021752
023
002
918 7TH AVE SE
ROCHESTER MN 55904
SERVICE CONNECTION 1.000 EACH
TO BE ASSESSED
--------------------------------------
ROBERT JEFFREY KARNES
914 7TH AVE SE
ROCHESTER MN 55904
SERVICE CONNECTION 1.000 EACH
TO BE ASSESSED
--------------------------------------
BELINDA RUTH GROS2BACH
17 6TH AVE SE
ROCHESTER MN 55904
SERVICE CONNECTION 1.000 EACH
TO BE ASSESSED
-
---------------------- ---------------
LAUREL A FROELICH
19 6TH AVE SE
ROCHESTER MN 55904
SERVICE CONNECTION 1.000 EACH
TO BE ASSESSED
--------------------------------------
800.00000000 800.00
800.00
----------------------------------
LOT 24 BLK 2
800.00000000 800.00
800.00
** CITY LANDS 107-14-36 **
N50FT S150FT W108FT E141FT
SEC 36-107-14 LOT 7
--------------------------------- -----------
64.01.31.021753 024 002
74.36.33.026575
800.00000000 800.00
800.00
-------------------------------------------------------------
N50FT S100FT W108FT E141FT 74.36.33.026576
SEC 36-107-14 LOT 7
800.00000000 800.00
800.00
-------------------------------------------------------------
CITY OF ROCHESTER SUMMARY OF ASSESSMENT CALCULATIONS PAGE 5
OPTION 1 WATER SERVICE REPLACEMENTS • J9523, J9525, J9330
7033 WATER SERVICE REPLACEMENTS - J9523, J9525, J9330 6 AVE SE, 7 AVE SE, AND 1 ST SW
AL COST OF JOB
AL TO BE ASSESSED
TOTAL TO BE DEFERRED
TOTAL TO FUTURE
27,800.00
SERVICE
CONNECTION
29.000
EACH
$00.00000000
23,200.00
SERVICE
CONNECTION
2.000
EACH
700.00000000
1,400.00
SERVICE
CONNECTION
2.000
EACH
600.00000000
1,200.00
SERVICE
CONNECTION
1.000
EACH
400.00000000
400.00
SERVICE
CONNECTION
2.000
EACH
2O0.00000000
400.00
SERVICE
CONNECTION
1.000
EACH
1,200.00000000
1,200.00
r.
FOR BOARD ACTION
Item# 6 Meeting Date: 5/30/01
SUBJECT:
Guaranteed Delivery Agreement
Utilicorp United Inc.
PREPARED BY:
Wally Schlink, Manager of Power Production
ITEM DESCRIPTION:
Utilicorp United Inc., through its local distribution company Peoples Natural Gas, is the sole
provider of all transportation of natural gas for RPU's Silver Lake Power Plant (SLP). Currently all
transportation of gas is on an interruptible basis, which means that the flow of gas to the facility may
be interrupted at any time which directly impacts RPU's ability to generate electrical power in a safe
and dependable manner. RPU has experienced both winter and summer interruptions of gas supply to
SLP.
Due to the increased uncertainty of gas transportation in the increasingly volatile energy market, staff
wishes to enter into a Guaranteed Delivery Agreement with Utilicorp United Inc., for the firm
interstate transportation capacity volume to deliver 200 MMBtu to the SLP facility.
The term of the Agreement is for three years at a price of $12.50 per MMBtu per month.
The cost incurred by this Agreement will be passed on through the Unit Participation Agreement
with the Minnesota Municipal Power Agency.
UTILITY BOARD ACTION REQUESTED:
Staff recommends that the Board approve a resolution requesting the Common Council to approve a
contract agreement with Utilicorp United Inc., to provide the services as defined in the Guaranteed
Delivery Agreement for a contract price $12.50 per MMBtu per month for a volume of 200 MMBtu
and a term of three years. The total value of the Agreement is $90,000.00
Y'P-V ewed 5-Zy-0l WY�
neral Manager Date
Agenda Item # 8
SUBJECT:
PREPARED BY:
ITEM DESCRIPTION:
FOR BOARD ACTION
Meeting Date:
Electric Cost of Service Study
Curt Kraft, Director of Administration
5/30/01
The last time RPU had a cost of service study for the electric utility was in 1995. Since that time, many
changes have occurred in the community and at RPU. Some of the major items include the change from a
full to a partial requirements member of SMMPA, the accelerated growth of the city over the past four
years, issuance of debt to meet capital needs, return of generation that was under contract, and the
construction of new generation.
Due to all of these changes, staff feels it's very important to do an embedded electric cost of service study to
determine what changes in cost have occurred among customer classes since the last study. These costs
provide the basic information needed in determining rates.
As part of the study, RPU will receive the computer model used in the study for future internal use.
Five requests for proposals where sent out and four were returned. After reviewing the proposals, two
the firms were interviewed and a recommended firm was selected.
The 2001 budget for this item is $ 75,000
UTILITY BOARD ACTION REQUESTED:
It is recommended the Board request the Common Council to approve a purchase order agreement with
Stanley Consultants to provide a cost of service study for the electric utility. The amount of the
agreement not to exceed $57,000.00
/04114
Gen6k Manager Date
REQUEST FOR COUNCIL ACTION
MEETING I 9� 1�
DATE: 6/4/01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
CONSENT AGENDA
CITY CLERK
D - C
ITEM DESCRIPTION: LICENSES, BONDS & MISCELLANEOUS ACTIVITIES
PREPARED BY:
DONNA JSCHOTT
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.
BEER — ON SALE 3.2 % - TEMPORARY
Downtown Business Association
PO Box 416
Rochester Mn 55903
Blues Festival at Central Park 8/11/01
DANCE —TEMPORARY
ONeill's Pizza Pub
7 — 2nd St SW
Rochester MN. 55902
To Provide an Alternative Dance for the Hispanic Community 6/23/01
GAMBLING — RAFFLE
Pulmonary Hypertension Association
850 Sligo Ave
Silver Spring, MD 20907
Raffle at Radisson Hotel 9/7/01
150 S Bdwy
Rochester MN 55904
SOUND AMPLIFICATION
Downtown Business Association
PO Box 416
Rochester MN 55903
Blues Festival at Central Park 8/11/01
(Please Waive 8:00 Time Period)
COUNCIL ACTION: Motion by: Second by: to:
(� LICENSES, BONDS AND MISCELLANEOUS
PAGE 2
JUNE 4, 2001
Rochester Elks Lodge #1091
917 15'h Ave SE
Rochester MN 55904
Parking Lot Dinner & Dance
7/14/01 6:00 PM to 10:00 PM
(Please Waive 8:00 PM Time Period)
Julie McEachern
2907 Rose Dr SE
Rochester MN 55904
Graduation Party 6/3/01 2:00 PM to 5:00 PM
(Prior Approvals: M Marcoux, J McConnell, D Senjem, D Hanson)
Elizabeth Nhean
4504 22nd Ave NW
Rochester, MN 55901
i
of
Wedding —June 1, 2001 4:00 PM to 11:00 PM
(Prior Approvals & Waiver of 8:00 Time Period — M Marcoux, D Hanson, J McConnell, J Hunziker)
SIDEWALK — CEMENT
Market & Johnson
1652 Lakeshore Dr
PO Box 2769
LaCrosse Wi 54602
MISCELLANEOUS
MacAttack 5K Run & Walk 8/3/01
East and West Silver Lake Park
Rochester MN 55904
COUNCIL ACTION REQUESTED
A motion to approve or disapprove the above licenses and miscellaneous city activities.
•
0
REQUEST FOR COUNCIL ACTION
MEETING
DATE: 6/4/01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
A CONSENT AGENDA
CITY CLERK
D - 5
ITEM DESCRIPTION: LICENSES, BONDS & MISCELLANEOUS ACTIVITIES
PREPARED BY:
DONNA ISCHOTT
The following licenses, bonds and miscellaneous activities are submitted for the Council's approvals or
disapprovals. All are pending departmental approvals, the required insurance, bonds, fees and all outstanding
debts with the City of Rochester.
GAMBLING — TEMPORARY
Bamber Valley PTA
2001 Bamber Valley Rd SW
Rochester, Mn. 55902
Raffle 10/31/01
SIDEWALKS — CEMENT
Total Construction
26511 720" St
Hayfield, Mn 55940
SOUND AMPLIFICATION
Rochester Civic Music
201 4" St SE Rm 170
Rochester, Mn. 55904
Independence Day Concert 7/4/01 8:30 PM to 10:00 PM
Silver Lake Soccer Field
Down by the Riverside Concerts 7/8, 15, 22 &29 and 8/5, 12, & 19
Mayo Park 7:00 PM to 10:00 PM
(PleaseWaive 8:00 Time Restriction)
Tatia Wieck
532 Meadow Run Dr SW
Rochester, Mn. 55902
Back Yard Wedding
COUNCIL ACTION REQUESTED
A motion to approve or disapprove the above ANNDUM permits.
COUNCIL ACTION: Motion by: second by: to:
REQUEST FOR COUNCIL ACTION MEETING I -
DATE: 6/4/01
AGENDA SECTION:
�ConsentAgenda
ORIGINATING DEPT:
Finance Department
ITEM NO.
p.(o
ITEM DESCRIPTION:
PREPARED By.
Approval of Accounts Payable
Dale Martinson
Respectfully request a motion to approve payment of Accounts Payable
(submitted separately) in the amount of $2,862,578.72.
Less: Any exceptions
•
COUNCIL ACTION: Motion by: Second by: to:
• •; CQUISICIL ACTION MEETING (q
DATE: 06/04/01
ENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
Consent Agenda/Organizational Business
Finance
ITEM DESCRIPTION:
PREPARED BY:
Amendment of Airport & Park & Recreation Fund 2000 Budgets
B. Atkinson
1. On May 15, 2000, Council approved an amendment to the Airport Fund budget to include Rochester Airport
Company estimated revenues and expenditures. Due to an error in calculating the revised Rochester Airport
Company amounts, and to record significant unbudgeted activity occurring in 2000, it is necessary to officially
amend the 2000 budget for the Airport Fund as follows:
Revenues
MN DOT grants $26,253
Investment Income 99,117
Private Sources 9,042
Operating transfers 2.=
S137,312
Qtbar
Prior -Year Revenues $48,352
Budget Adjustment 143450
$191 802
Total Revenues and Other Sources 399 1d
Fxpenditures
Contractual Services $280,762
Transfer to Reserve -future projects 48 52
Total Expenditures and Other Use $379 114
The total 2000 Airport Fund budget is now $2,718,451.
2. Higher than expected usage caused various Park & Recreation divisions to exceed revenue estimates and
budgeted expenditure levels. In order that the Park & Recreation Fund does not exceed the legal level of
expenditure, as approved in the 2000 adopted budget, it is necessary to appropriate some surplus revenue to
cover expenditures for these divisions, as follows:
Mayo Civic Center $210,000
Golf 34,000
Pools 4,800
Recreation 2,300
Graham Arenas 30,000
Recreation Center 55,000
Plummer House 12-000
Total Revenues to be Appropriated
It is also necessary to appropriate $47,685 of surplus revenue over expenditures for Graham Arena in order
for the surplus to be transferred to CIP account 301-2964, Graham Arena Improvements.
Pannell Antinn Rea �e�ed: Approve amendment of the 2000 Airport and Park & Recreation Fund budgets as
detailed above.
COUNCIL ACTION: motion by: second by: to:
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REQUEST FOR COUNCIL ACTION MEETING o`J /
DATE: 06/04/01
Consent I Human Resources I D-6
REM DESCRIPTION: 2001 Compensation and Benefits for Painters rKr-r
Linda
Discussions with the three City of Rochester Painters has resulted in the following wage and benefit changes for the
period 1/01/01 through 12/31/01:
Employees include: Timothy Spratte, Painter 2
Thomas Griffin, Painter 1
Joseph Klavetter, Painter 1
Effective 1/01/01, above employees designated as Painter 1 will earn $22.48/hour.
Effective 1/01/01, the above employee designated as a Painter 2 will have his base salary remain at the 2000
level and he will receive a 3% lump sum payment which will not result in an increase in his base salary.
The Painters are eligible for eight (8) hour holidays on Christmas Eve and New Year's Eve in 2001.
City Painters assigned to the night shift during the period 4/15 through 10/15 will receive a lump sum payment of
750.00 on 8/31/01.
City Painters will be furnished overalls and laundering of overalls.
The City will continue to provide other benefits similar to previous years including: vacation, sick leave, paid
holidays, health, life and dental insurance, PERA, injury on duty, and funeral leave.
Safety shoe reimbursement available to the Painters in 2001 will amount to up to $110.00 depending on receipts
submitted.
Council Action Requested:
Request a motion adopting the wage and benefit provisions listed in this document.
REQUEST FOR COUNCIL ACTION
MEETING r
DATE: 6/4/01
AGENDASECTION:
ORIGINATING DEPT:
ITEM NO.
- CONSENT AGENDA
PLANNING
D1-1
,... -DESCRIPTION: Wetland Delineation and Replacement Plan — Bigelow Enterprises, Kingsbury
PREPARED 8 :
Hills, Phase II
John Harford, 'or
Pi
May 16, 2001
Wetland Delineation and Replacement Plan:
The applicant has proposed the filling of 1.8 acres Type 2 wetland on property located on property owned by Bigelow
Enterprises. The property is located south of 55`h St., NW and south of Kingsbury Hills subdivision west of
Wedgewood Hills subdivision, % mile west of 501h Ave., NW. The wetland is a drainageway that conducts surface
water and stormwater runoff from the surrounding farmland. The wetland will be filled for the construction of a roads
and residential lots.
The Technical Evaluation Panel reviewed the alternatives and found that they meet the minimum standards for
sequencing. The TEP agrees that avoidance of the wetlands is not feasible due to the configuration and location of the
wetland, existing road and utility system in the development to the north and topography. The applicant proposes
replacement with wetland creation of 1.2 acres, 0.1 acres of reestablished wetland vegetation (public value credits),
1.35 acres of public value credits (buffer around wetland), and 0.95 acres of new wetlands in a wetland bank located
in Dodge County within the Zumbro River watershed. The total wetland replacement is 3.60 acres. The TEP
recommended approval of the wetland replacement plan.
nnine Staff Recommendation:. The staff recommends approval of this replacement plan with four conditions:
i. that the applicant and wetland bank owner provide a Letters of Credit to the City, and that the applicant complete
the wetland rules replacement procedures by completing the purchase of credits and submittal of a wetland credit
withdrawal form.
2. that the applicant must submit a Declaration of Restrictions and Covenants for the created wetlands and the public
value credit wetlands.
3. that the applicant submit an annual monitoring report to the Planning Department following the July site
inspection for a period of up to five years as required by the wetland rules.
City Council Action:
1. If the council agrees it should pass a resolution approving the replacement plan.
Attachments:
1. Report from the applicant.
Distribution:
1. City Clerk
2. City Attorney
3. City Administrator's Office
4. Planning Department File
5. Applicant
—JUNCIL ACTION: Motion by: second by: to:
i
WETLAND CREDITS PURCHASE AGREEMENT
THIS AGREEMENT Is made on May 29, 2001, between Vivian Johnson
"ZumbroWetland Bank" (" Seller") and Joel Bigelow & Sons Ent. Inc.
(" Buyer"),
RECITALS:
A. Seiler is the owner of real property located in Dodge County,
Minnesota legally described as follows:
Southeast Quarter (S.E. 1 /4), of Section 30, Township 106 North,
Range 17 West (the "Property")
B. Seller has constructed on the Property wetlands In order to create
wetland credits for state and federal wetland credit banking purposes.
C. The Buyer desires to purchase wetland credits for use as
replacement wetlands under state and federal wetland replacement
requirements.
NOW, THEREFORE, for good and valuable consideration the parties agree
as follows:
1. STATE AND FEDERAL APPROVAL. Seller has obtained state and
federal approval of the wetlands restored on the Property as wetland
credits for deposit in state and federal wetland banks. Seller has
executed all necessary documentations for the approval of the Property
for wetlands permitted to be banked in accord with state and federal
rules,
2. MAINTENANCE OF WETLANDS. Seller is maintaining the Property as
wetlands in accord with state and federal requirements,
3. PURCHASE OF CREDITS. The Buyer will purchase .96 acres of type 2
wetland credits from Seller for the total purchase price of $6500,00. One
half of the total amount or $3250.00 shall be payable upon execution of this
purchase agreement. The balance of the purchase price shall be payable
upon approval of the LGU for Olmsted County.
4, TITLE TO THE PROPERTY. Seller shall retain fee title to the Property
and will transfer to the Buyer the minimum interest In the Property
permissible to transfer wetland credits attached to the Property.
5. MINNESOTA LAW TO GOVERN. This Agreement shall be governed by
Minnesota law.
i
REQUEST FOR COUNCIL ACTION MEETING a
DATE: 06-04-01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
CONSENTAGENDA
PLANNING
D- to
i i rin DESCRIPTION: Type III, Phase II Restricted Development #01-03 by 12 Street Dental.
PREPARED BY:
The applicant received approval for the expansion and renovation to the existing dental office
Brent Svenby,
which includes moving the parking lot to the south. The property is located in the southeast
corner of the intersection of 10t" Avenue SE and 121" Street SE (Highway 14).
Planner
May 30, 2001
On March 19, 2001 the Council held a public hearing on this item. Under the Council Action Needed section of the
RCA form, staff had listed that the applicant requested that the Council waive the need for a Final Plan phase as
allowed in Section 60.532, 6. In reviewing the resolution and the minutes from the meeting, the motion to approve
the restricted development didn't include waiving the final plan phase. All of the conditions of approval can be meet
prior to the issuance of building permits for the project.
60.532 Phase II Hearing Process: The Phase II Procedure shall be as set forth below:
6) 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.
The applicant has submitted building plans which are currently being reviewed. The site plan does include a
fence along the south property which starts at 4 feet high and transitions into a 6 foot high fence adjacent to the
back yard of the residential property to the south. The fence was a major issue discussed during the March 19,
2001 Council meeting.
Council Action Requested:
1. If the Council wishes to proceed, it should instruct the City Attorney to prepare a resolution waiving
the Final Plan phase for this project as allowed in Section 60.532, 6. Staff recommends approval of
waiving the Final Plan phase since the request meets the criteria included in Section 60.532,6.
Attachments:
1. RCA form from the March 19, 2001 Meeting
2. Minutes of March 19, 2001 Council Meeting
COUNCIL ACTION: Motionby: Second by: to:
REQUESWOR COUNCIL ACTION
MEETING
DATE: 03-19-01
AGEN A SEC ON:
O IGINAT G DEPT.
ITEM NO.
PU IC H ARIN
PLAN NG
L'
I M D CRIPTI 11, Ph se II stricte Devel ment 0%03 b 2 Stre Dental.
PREP RED
Ines s Iicant i pran pans' n and enovaf n to t existin dental fice whi
T resa F arty,
incl es mov' g thg t to t soul .Thep petty s locate In the utheast
/tion
Pla er
co er oft inters 10'h enue and Stre SE(Hi way 14 .
March 15, 2001
NOTE: Staff would recommend that the language "final approval" be stricken in condition 1 and be replaced with
"zoning certificate issuance".
City Planning and Zoning Commission Recommendation:
On February 28, 2001, the City Planning and Zoning Commission reviewed this request.
Ms. Weisner made a motion to recommend approval the Restricted Development Preliminary Plan #01-03 by 121h
Street Dental, with staff -suggested findings and conditions, changing the first bullet under condition 1 and
condition 5 to state that the sidewalk be only from the driveway north towards 121h Street. Mr. Stever seconded the
motion. The motion carried 7-1, with Mr. Quinn voting nay.
1. Prior to final approval, a revised site plan shall be submitted that indicates:
• A 5 foot sidewalk along 100' Avenue SE north of the new access driveway only.
• A standard driveway approach for the new access on 10fh Avenue SE.
• The sign being moved outside of the traffic visibility zone.
n t—The Gc<ltouureao 5 ii-fexisting acc�e� lint 5kaLl �c G' in R,te dl4cunf ii� f1 < back c V<wr �c d <•
+U 'TL..
t {� res.cu#4.. A fR; i'a✓y- $u•ti+i^. h
2. Any needed repairs or panel replacement to the existing pedestrian facilities abutting the property along 12=
Street SE (Highway 14) must be done at the owner's expense concurrent with this project. The Public Works
Department will inspect the condition of the sidewalk at the time of development to determine if repair or replace
is needed.
3. The existing access locations to 10'h Avenue SE and 12'h Street SE shall be closed.
4. Stormwater Management must be provided for the development. A Stormwater Management Fee will apply for
participation in the City's Regional Stormwater Management Plan, if on -site detention is not provided. Separate
grading and drainage plan approval is required prior to development.
5. Construction of a five (5) foot concrete sidewalk is required, concurrent with construction of the addition at the
owner's expense, along the entire frontage of 10'h Avenue SE north of the new access driveway only.
6. The applicant is required to upgrade the existing water service to the existing building from a V4 copper line to a
1 AS copper line and the water meter shall be increased to a 1' to accommodate the increased loading. The
applicant shall also abandon the existing water service line to the house shown at 1212 10'h Avenue SE per the
requirements of the Rochester Public Utilities Department.
7. Prior to the issuance of building permits, the applicant shall provide to the Planning Department information on
the exterior lighting that it complies with light standard "A"in Section 63.210 of the Zoning Ordinance.
17
COUNCIL ACTION: Motion dy: second by: to: �—
uJ
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CITY OF ROCHESTER, h' ESOTA
6098 rtegular Adjourned Meeting No. 6 — Marcn 19, 2001
31
Agenda
Item
•
Phil Wheeler, Planning Director, said that the property is zoned R-1. The minimum
property lot size for an R-1 is 6000 square feet. The GDP shows a different layout
but the underlying zoning permits a significant higher density than the development
proposes. A special district, from this perspective is in the public interest as it
protects the neighborhood establishing a tie between the general development plan
and the common open space, the special setbacks, the special architectural
controls, and by the reduced density from what the zoning ordinance allows.
Mitzi Baker, Planning Department, responded to a question from Council on the
alley. The alley separates the Cook and Thompson properties. The Thompson
representatives have shown support for the Klopp proposal and do intend in the
future to amend their portion of the GDP to tie into the roadway connections shown
and including the alley.
Councilmembers Evans moved, Hanson seconded, to approve the Special District
Zoning to be known as Fox Knob incorporating the findings on Page 86 of the
Request for Council Action. Ayes (4), Nays (2). Motion carried. Councilmembers
Marcoux and Senjem voted nay.
(Also see after E-9)
A Hearing on Amendment to Cook -Thompson General Development Plan #114 by
John Klopp to be known as Fox Knob.
Wishing to be heard was Shelia Sullivan, 2119 Baihly Summit Drive S.W. Ms.
Sullivan asked where are the residents to park if there is no parking on the streets.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Hanson moved, Evans seconded, to approve the Amendment to
Cook -Thompson General Development Plan #114 by John Klopp to be known as
Fox Knob with six conditions and instructed the City Attorney to prepare Findings of
Fact, Conclusions of Law, and Order. Ayes (4), Nays (2). Motion carried.
Councilmembers Marcoux and Senjem voted nay.
A Hearing on Type III, Phase II Restrictive Development Preliminary Plan #01-03
by 121s Street Dental proposing expansion and renovation located on property in,
southeast corner of the intersection of 10"' Avenue S.E. and 12'h Street S.E.
Wishing to be heard was Joseph Becker, 1418 21" Avenue N.E., one of the
partners in the dental office. They have been at the current location since 1965
are proposing expansion of the office to the south and east with parking to the
south. They will continue to operate in the same manner with the same hours.
Wishing to be heard was Eileen Ebertowski, 1216 Tenth Avenue S.E. Ms.
Ebertowski lives directly to the south of the dental office. She asked if the privacy
fence could be extended to six feet in height in the rear of her yard rather than four
feet to allow for more privacy. She was also concerned about the snow removal;
she doesn't want water in the back yard as it is low.
CITY OF ROCHESTER; NESOTA
Regular Adjourned Meeting No. 6 — Iwarch 19, 2001 6099
Agenda
Item
C-7
Wishing to be heard was James Kalis, 1226 Tenth Avenue S.E., next to Ms.
Ebertowski. He mentioned that the dental office would be putting in sidewalks to
the edge of their property line; will that cause sidewalks to be installed on the rest of
the street.
Richard Freese, Public Works Department, stated that at the Planning meeting staff
requested that the sidewalk be extended from 12th Street to the driveway entrance
of the dental office parking lot. It was indicated to the residents at that meeting that
the only way a sidewalk would be required was by petition or council initiation.
Wishing to be heard was Patty Wehrs, 1207 11'h Avenue S.E Her backyard line is
the dentist office parking lot on the east side. She was concerned about access to
their backyard from the dentist office as they have previously used the parking lot to
gain access.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Hanson moved, Evans seconded, to adopt Resolution No. 162-01
approving Restrictive Development Preliminary Plan #01-03 by 12t' Street Dental
with seven conditions adding a fifth bullet to the language of condition #1 to state
that the fence along the south line will be six feet. Ayes (6), Nays (0). Motion
carried.
A Hearing on Preliminary Plat #01-04 by Joel Bigelow and Sons Enterprises, Inc. to
be known as Kingsbury Hills Second located south of 551h Street N.W., west of
Kingsbury Hills Subdivision and Wedgewood Hills Development.
Wishing to be heard was Andy Masterpole, McGhie & Betts, on behalf of Joe
Bigelow. The GDP was approved last year. This is the second phase of 20.5
acres. There is currently a temporary access to 55'h Street. The main access will
not be built until the reconstruction of 55" Street. They are required to have a
secondary access to Wedgewood Hills. The supply of water flow is also an issue.
An adjoining property owned by the applicant will be developed later this year and
contain a watermain which will hook up to Wedgewood Hills to provide adequate
supply. He noted agreement with the conditions.
Having no one further wishing to be heard, President Hunziker closed the hearing
Councilmembers Stobaugh moved, Marcoux seconded, to approve Preliminary Plat
#01-04 by Joel Bigelow and Sons Enterprises, Inc. to be known as Kingsbury Hills
Second with five conditions and instructed the City Attorney to prepare Findings of
Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried.
A Hearing on Final Plat #01-07 by the City of Rochester to be known as Bridgeview
Addition located along the north side of 13'/s Street N.W. and along the west side
North Broadway.
Wishing to be heard was Ron Davis, 102 13 % Street NA Mr. Davis lives across
the street from the development. He and the neighbors are concerned with an
•
•
REQUEST FOR COUNCIL ACTION MEETING 3?j
DATE: 06-04-01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO,
CfINSENT AGENDA
PLANNING
D,
WEIVI DESCRIPTION: Annexation Petition #01.10 by Joseph Postier, DDS to initiate Orderly
PREPARED BY:
Annexation of approximately .99 acres of land legally described as Lots 1, 2 and 3, Block 1,
Theresa Fogarty,
Rose Harbor Second Subdivision. The properties are located south of Eastwood Road SE
Planner
(Co. Road 144) and north of Rose Heights Drive SE.
May 30, 2001
Planning Department Recommendafion:
See attached staff report, dated May 30, 2001.
As part of the Orderly Annexation Agreement, property taxes payable on annexed land shall continue to be paid to the
Town or Marion for the entire year in which the annexation becomes effective. If the annexation becomes effective on or
before August 1 of a levy year, based on the date specified in the order from the Minnesota Municipal Board, the City may
levy on the annexed areas beginning with that levy year. If the annexation becomes effective after August 1 of a levy year,
the Town may continue to levy on the annexed area for that levy year. Thereafter property taxes on the annexed land shall
be paid to the City.
Council Action Needed:
1. If the Council wishes to proceed as petitioned, it should instruct the City Attorney to
prepare an resolution to be adopted and transmitted to the MN Planning /Office of
Strategic and Long Range Planning.
2. The signed resolution and a copy of the Joint Resolution for Orderly Annexation (Marion
Area #2) should be transmitted to the MN Planning / Office of Strategic and Long Range
Planning by the City Clerk (attached is a filing fee for the application in the amount of $25).
The resolution and a copy of the Joint Resolution shall also be sent to the Town of Marion
and the Olmsted County Auditor/Treasurer.
Attachments
1. Staff report, date May 30, 2001.
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, June 4, 2001 in the Council Chambers
at the Rochester / Olmsted County Government Center.
7. McGhie & Betts, Inc.
11
COUNCIL ACTION: Motion by: Second by: to:
ANNEXATION EXHIBIT eq
DESCRIPTION:
LOTS 1, 2 & 3, BLOCK 1, ROSE SCALE 1 " = 100' HARBOR SECOND SUBDIVISION.
NORTH
EASTYYOOD GOLF COURSE
CITY OF ROCHESTER
CITY LIMITS--�',_______y
E A S T TV 0 0 D R O A D S. E.
�I -
I �
I
- � 1 2 3 4
R. H. E ? n d
� \ PROPOSED ANNEXATION AREA
/ � I
R 0 S_E H _E I G H_T 5
D R I V E S. E.
--7- T
it l
FOR :
DR. JOE POSTIER
2112 VIKING DRIVE N.E.
ROCHESTER, MINNESOTA
55901
�^" �^�. w° w:i'
°"mow �-�
"°" ",w.::„ .W„'
"'"""`"
S610E:. 1 r = 100' I 1
ORAYNrBs NJB°UC�ES r. ,':'F,TEO
„
OArF , ...
ACCT. No.: 7047/1153
c- No. 1153
free No.: BK. PG.
Exhibit "A"
Marion Township Orderly Annexation Area #2
r7 Annexation Area «
City Parcel 0 800 1600 2400 3200 Feet w E
Marion Township Parcel W�, „�
ROCHESTER-OLMSTED PLANNING DEPARTMENT
2122 Campus Drive SE, Suite 100 • Rochester, MIN 55904-4744
COUNTY OF
TO: City Council
FROM
DATE:
www.olmstedcounly.com/planning
Theresa Fogarty, Planner
May 30, 2001
oi�n�s�N'ii w+
fanou, �+■a '
RE: Annexation Petition #01-10 by Joseph Postier, DDS to initiate Orderly
Annexation of approximately .99 acres of land legally described as
Lots 1, 2 and 3, Block 1, Rose Harbor Second Subdivision. The
properties are located south of Eastwood Road SE (Co. Rd .144) and
north of Rose Heights Drive SE.
Planninq Department Review:
Applicants/Owners: Joseph Postier, DDS
Valhalla Professional Building
2112 Viking Drive NW
Rochester. MN 55901
Location of Property: The property is located along the south side of Eastwood
Road SE (CR144) and north of Rose Heights Drive SE.
Existing Land Use: This property is currently vacant platted residential lots.
Size: The property proposed for annexation is approximately .99
acres. The property is platted as Lots 1, 2 and 3, Block 1,
Rose Harbor Second Subdivision.
Existing Zoning: The property is zoned Low Density Residential 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.
Land Use Plan: This property is designated for"low density residential" uses
on the Rochester Urban Service Area Land Use Plan,
BUILDING CODE 507/285-8213 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 5071285-8224
PLANNINGrZONING 507/285-8232 - WELL/SEPTIC 5071285-8345
FAX 507/287-2275
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
Page 2
Annexation #01-10
May 31,2001
3'1
Adjacency to the Municipal All three lots are adjacent to the city limits along the north side
Limits: and along the south side.
Sewer and Water: Municipal sewer and water will be available to serve this area.
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:
Referral Comments:
Report Attachments:
Staff Recommendation:
Townboard review is not required for this annexation.
Not required.
1. Location Map
2. Marion Township Orderly Annexation Area #2 Map
Section 7, Paragraph (b) of the Joint Resolution for Orderly Annexation (Marion Area #2) between
the City of Rochester and Townboard of Marion allows any lands contained in the orderly
annexation area may be annexed to the City upon adoption of a resolution when a landowner abuts
the City limits and said landowner files a petition for annexation with the City. In such instance,
review by the Rochester Planning and Zoning Commission shall not be required prior to the City
acting upon said petition.
Staff recommends that the City adopt a resolution annexing the property.
REQUEST FOR COUNCIL ACTION
/
MEETING dq
DATE: 06-04-01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
^7NSENT AGENDA
PLANNING
I>- (;L
:M DESCRIPTION: Council Initiated Annexation #01-09 to annex approximately 165 acres
PREPARED BY:
of airport property located along the south side of the airport. The land is located in the
Theresa Fogarty,
E'/z, SW Y., Section 16 and also in the E'/,, NW Y, and the NW'/., NE'/. of Section 21 High
Planner
Forest Township.
May 31, 2001
City Planning and Zoning Commission Recommendation:
The City Planning and Zoning Commission reviewed this annexation request on May 23, 2001.
Mr. Burke moved to recommend approval of City Council Annexation #01-09. Ms. Wiesner
seconded the motion. The motion carried 8-0.
Planning Department Recommendation:
See attached staff report, dated May 17, 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 the property for 2000 are $287.14.
Council Action Needed:
1. 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
1. Staff report, date May 17, 2001.
2. Draft Minutes of the May 23, 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, June 4, 2001 in the Council Chambers
at the Rochester / Olmsted County Government Center.
7. McGhie & Betts, Inc.
COUNCILACTION: Motion by: second by to:
q° ANNL'XATION L#XHIBIT
N
DESCRIPTION:
SEE ATTACHED:
SCALE 1„ = 1000
S WM -
57 114 SL it
MR:
ACSG, INC.
800 WEST 5TH AVENUE
SUITE 102A
NAPERVILLE, IL 60563
�� ODI�FR
Sr 1/4 St 4-0-14
In
n
E%ISRNG CRIY LAIRS
r4S it 1
�q ROCHESTER
MUNICIPAL
J�
AIRPORT
T.H. NO. 30
PROPOSED ANNEXATION AREA
165 ACRES
95TH sT Sw
------------------
t
t
McGhie
c..Ak, Cmglnun
Dona
1648 JM A'E. S.E gxhulu, MN,
SCALE: 1 " = 1000,
DRAWN ar.• MES
B e tts, ine. 04TE: 4/2/01
Lana S.rvw.o
(ADD ND.: 9664ANEX
G,y
•
401liESTER-OLMSTED PLANNING DORTMENT
2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744
c0U,,. OF www.olmstedcounty.com/planning
TO: City Planning and Zoning Commission
FROM: Mitzi A. Baker, Planner
DATE: May 17, 2001
RE: City Council initiated Annexation #01-09 to annex approximately 165 acres
of airport property located along the south side of the airport. The land is
located in the E'/2, SW % Section 16 and also in the E Yz, NW'/4 and the NW
1/4, NE'/4 of Section 21 High Forest Township.
Planning Department Review:
Applicants[Owners:
Report Attachments:
SummarV & Recommendation:
City of Rochester, C/O City Administration
201 4th St. SE Room 108
Rochester, MN 55904-3740
1. Location Map
At the request of the Rochester International Airport, the City Council initiated annexation of this property on
May 7, 2001. The property includes approximately 165 acres, owned by the City. The property abuts the
city limits. An Ordinance maybe approved to annex this property per MS 4J4.033 Subd. 2 (9).
Staff recommends approval.
BUILDING CODE 5071285-8213 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 507/285-6224
PLANNING/ZONING 507/285-8232 • WELUSEPTIC 5071265-8345
FAX 507/287-2275
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
la,
Draft Minutes of the City Planning & Zoning Commission
Date of Hearing: May 23, 2001
Section 21 High Forest Township and was recently initiated by the City of
Rochester.
Mr. Staver asked what the property would be zoned, after being annexed.
Mr. Wheeler responded agricultural.
Mr. Burke moved to recommend approval of City Council Annexation #01-09. Ms.
Wiesner seconded the motion. The motion carried 8-0.
REQUEST FOR COUNCIL ACTION MEETING 3
DATE: 6/4/01
AGENDA SECTION: ORIGINATING DEPT: ITEM NO. ---]I
Consent Agenda Police D- (3
ITEM DESCRIPTION: U.S. Department of Housing and Urban Development, 2000 Public PREPARED BY:
Housing Drug Elimination Grant Roger Peterson
The Olmsted County Housing and Redevelopment Authority (OCHRA) has received funding from the U.S.
Department of Housing and Urban Development for a Drug Elimination Grant. The Ohnsted County Housing
authority has made contact with the Rochester Police Department, asking our Department to provide additional
law enforcement coverage. The cost of these additional officer hours will be reimbursed with the grant money
that OCHRA has received.
OCHRA has indicated that equipment such as cameras and/or radios for use by the police department could be
purchased through this grant.
COUNCIL ACTION REQUESTED: Approval for the Rochester Police Department to receive financial
reimbursement for additional hours worked by its members and miscellaneous equipment that may be
purchased.
COUNCIL ACTION: Motion by:_
Second by:
REQUEST FOR COUNCIL ACTION MEETING
DATE:
6/4/01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
CONSENT AGENDA
Public Works
v— {
ITEM DESCRIPTION: REQUEST FOR HEARING - ASSESSMENT OF WATER
PR PARED BY:
SERVICE REPLACEMENT CHARGES, J9523, 9525, AND
J9330.
M. Nigbur�o
The City Council adopted a resolution levying assessments for the following local improvement
projects:
Project No. 6307-2-99. J9523
"Street Reconstruction on 7' Avenue SE from 6tb Street SE to 12'h Street SE"
Assessments Adopted October 5, 1998
Project No. 6306-2-99; J9525
"Reconstruction of 6' Avenue SE from East Center Street to 4tt' Street SE"
Assessments Adopted November 17, 1998
Project No.6201-3-95, J9330
"Reconstruct 15t Street SW from 11t" Avenue SW to 16" Avenue SW"
Assessments Adopted November 17, 1997
During the construction of the above projects, the water services at several properties were found to
be constructed of lead or galvanized pipe. (Refer to attached property list.) According to the City of
Rochester's Watermain and Sewermain Replacement Policy adopted by the City Council on October
20, 1997, any lead or galvanized water services must be replaced with copper as part of watermain
replacement.
Cost of service replacement charges for water andlor sewer are billed directly to the property owner. If
the service replacement charge is unpaid, the City may levy the unpaid charge against the property as
a special assessment. Payment of this assessment is required over a period not to exceed five years.
Interest is charged 7.5% annually from the date the service replacement is billed to the property
owner.
Invoices were prepared for the listed property owners. Payment of the charges has now become
delinquent, and Public Works recommends that these property owners be assessed for the service
replacement charges consistent with the above referenced policy.
NOTE: Service Replacement Charges are assessed as J7033.
COUNCIL ACTION REQUESTED:
1. Adopt the resolution establishing an Assessment Hearing for July 2, 2001
COUNCIL ACTION: Motion by: second by: to:
CITY OF ROCHESTER LOCAL IMPROVEMENT PROPERTY LIST
OPTION 1 WATER SERVICE REPLACEMENTS - J9523, J9525, J9330
J�km P-14
06/01/01 PAGE 1
'q4l
70W WATER SERVICE REPLACEMENTS - J9523, J9525, J9330 6 AVE SE, 7 AVE SE, AND 1 ST SW
SAYERS NAME AND MAILING ADDRESS L E G A L D E S C R I P T I O N PROPERTY ID LOT SILK
MARVIN L & BEVERLY 8 BRANDT NWi/4 NW1/4 SEC 33 105 15 55.33.22.043705
11020 COUNTY 3 RO SW
STEWARTVILLE MN 55976
SERVICE CONNECTION 1.000 EACH 800.00000000 800.00
TO BE ASSESSED 800.00
___--------------- __------ _----------------------------------------------- ______--------- ___________________________________________
*' ARIES, MINNIE ADDITION
PHEAS PAR & RANN KANG
N47 1/2FT S97 1/2FT E76FT
74.36.33.000805
002
10 6TH AVE BE
LOTS 1 AND 2
ROCHESTER
MN
55904
SERVICE CONNECTION
1.000
EACH
700.00000000
700.00
TO BE ASSESSED
----------- _------
_-------------------------------
_-------------------------------
700.00
____________------------
_____________________
** AUDITOR'S
PLAT A
**
MARY A BUSKER
N45FT LOT 46
64.01.31.001097
046
818 7 AVE BE
ROCHESTER
MN
55904
SERVICE CONNECTION
1.000
EACH
800.00000000
800.00
TO BE ASSESSED
800.00
_...... ____________....................
_____
------------------------
JENNIFER M HOISETH
__-----------
__-------------------------------------------------
S49FT LOT 48
64.01.31.001100
048
832 7TH AVE SE
ROCHESTER
MN
55904
SERVICE CONNECTION
1.000
EACH
800.00000000
800.00
TO BE ASSESSED
800.00
_--------------------
__________________________________________
----------------------
ROSANNA M OLSON
_---------------------------
__-----------------
W1/2 LOT 53 LESS
N60FT
64.01.31.001109
053
852 7 AVE SE
THEREOF
[ESTER
MN
55904
fICE CONNECTION
1.000
EACH
600.00000000
600.00
iu BE ASSESSED
600.00
______________________
---------------------
IM IEM & YOEUB MENG
_---------------------------------------------------------------------------------
LOT 55
64.01.31.001112
055
854 7TH AVE SE
ROCHESTER
MN
55904
SERVICE CONNECTION
1.000
EACH
800.00000000
800.00
TO BE ASSESSED
800.00
___-------- _____________
--------------- __-------------------------------------------------------------------------------------------
PATRICK L BRITTAN
LOT 56
64.01.31.001113
056
858 71H AVE SE
ROCHESTER
MN
55904
SERVICE CONNECTION
1.000
EACH
800.00000000
800.00
TO BE ASSESSED
800.00
_________________________________________________________
------------------------
ROBERT B & THERESA E
__----------------------------------------
GOODMAN
LOT 57
64.01.31.001114
057
862 71H AVE SE
ROCHESTER
MN
55904
SERVICE CONNECTION
1.000
EACH
800.00000000
800.00
TO BE ASSESSED
------------------------------
800.00
_________--------
__________________________
---------------------------------------------
CATHRYN K & MARGARET
MCNAMARA
_------- __
W131FT LOT 58
64.01.31.001117
058
868 7 AVE BE
ROCHESTER
MN
55904
SERVICE CONNECTION
1.000
EACH
800.00000000
800.00
TO BE ASSESSED
800.00
___________________
-------------------------- __..............
JOAN S & RAYMOND H MILANO
_----------------------------------------------------------------------
S52FT N104.6FT E132FT
LOT 59
64.01.32.001123
059
825 7TH AVE SE
ROCHESTER
MN
55904
SERVICE CONNECTION
1.000
EACH
400.00000000
400.00
TO BE ASSESSED
400.00
CITY OF ROCHESTER
TAXPAYERS NAME AND MAILING ADDRESS
ALICE C RIESS
831 7TH AVE SE
ROCHESTER MN 55904
LOCAL IMPROVEMENT PROPERTY LIST
L E G A L D E S C R I P T I O N
S52FT N156.6FT E132FT LOT 59
SERVICE CONNECTION 1.000 EACH 800.00000000 800.00
TO BE ASSESSED 800.00
-------------------------------------------------------------------------
" EAST ROCHESTER ADDITION "•
06/01/01 PAGE 2
PROPERTY ID LOT BLK
64.01.32.001124 059
AUDREY J SMITH
W85FT LOT 1 BLK 10
64.01.24.005628
001
010
624 7TH AVE SE
ROCHESTER
MN
55904
SERVICE CONNECTION
1.000
EACH
700.00000000
700.00
TO BE ASSESSED
700.00
THOMAS J & CHERIE A
JENSEN
LOT 5 BLK 10
64.01.24.005633
005
010
614 7TH AVE SE
ROCHESTER
MN
55904
SERVICE CONNECTION
1.000
EACH
800.00000000
800.00
TO BE ASSESSED
800.00
JEFFREY R & KATHERINE L
KUNZ
LOT 9 BLK 10
64.01.24.005637
009
010
611 8TH AVE SE
ROCHESTER
MN
55904
SERVICE CONNECTION
1.000
EACH
2O0.00000000
200.00
TO BE ASSESSED
200.00
PEPE PAUL & AMY HEADLEE
LOT 2 BLK 11
64.01.23.005643
002
011
625 7TH AVE SE
ROCHESTER
MN
55904
SERVICE CONNECTION
1.000
EACH
800.00000000
800.00
TO BE ASSESSED
800.00
JOHN A HOFFMAN
E 1/2 LESS N9 1/2FT
LOT 10
64.01.23.005651
010
O11
607 7TH AVE SE
BLK 11
ROCHESTER
MN
55904
SERVICE CONNECTION
1.000
EACH
800.00000000
800.00
TO BE ASSESSED
800.00
BRUCE W & PEGGY L BERNDT
LOT 6 BLK 18
64.01.23.005733
006
018
717 7TH AVE SE
ROCHESTER
MN
55904
SERVICE CONNECTION
1.000
EACH
800.00000000
800.00
TO BE ASSESSED
800.00
-------------------------------------------------------------------------
GREGORY J KRAUS & LOT 7 BLK 18
711 7 AVE SE
ROCHESTER MN 55904
SERVICE CONNECTION 1.000 EACH 800.00000000 800.00
TO BE ASSESSED 800.00
RICHARD R & SHARON K KRAHN LOT 10 BLK 18
705 7TH AVE SE
ROCHESTER MN
55904
SERVICE CONNECTION
1.000 EACH
800.00000000
800.00
TO BE ASSESSED
800.00
.................................
JULIE D BROWN
__------------
__________________________
LOT 5 BLK 19
716 7TH AVE SE
ROCHESTER MN
55904
SERVICE CONNECTION
1.000 EACH
800.00000000
800.00
TO BE ASSESSED
800.00
LYLE S & KAY A MANLEY
LOT 8 BLK 19
3424 WEST CLARISSE
TUCSON AZ
85741
SERVICE CONNECTION
1.000 EACH
800.00000000
800.00
TO BE ASSESSED
800.00
------------------------------
64.01.23.005734 007 018
64.01.23.005737 010 018
-----------------------------------------
64.01.24.005745 005 019
64.01.24.005748 008 019
CITY OF ROCHESTER
LOCAL
IMPROVEMENT
PROPERTY LIST
06/01/01
PAGE 3
TAXPAYERS NAME AND
MAILING ADDRESS
L E G A L
D E S C R I P T I O N
PROPERTY ID
LOT BLK
MICHAE�Ll 1 8 HEIDI A
TORGERSON
LOT 6
AND S1 1/2FT
LOT 7 BLK
64.01.23.005786
006
81ZE SE
23
WE
MN 55904
'IC
1.000 EACH
800.00000000
800.00
iu dE ASSESSED
800.00
MICHAEL D MCGOVERN
N48FT
LOT 7 ELK
23
64.01.23.005787
007 023
811 7TH AVE SE
ROCHESTER
MN 55904
SERVICE CONNECTION
1.000 EACH
800.00000000
800.00
TO BE ASSESSED
800.00
'*
HAGGERTY$
SUB
DAVID 8 LISA CHRISTENSEN
W125FT N44FT LOT
9 AND W125FT
74.36.33.008982
009
122 6 AVE SE
S6FT
LOT 10
ROCHESTER
MN 55904
SERVICE CONNECTION
1.000 EACH
800.00000000
800.00
TO BE ASSESSED
800.00
BYRON PERRINE
N35FT
LOT 12 8 S
21FT LOT 13
74.36.33.008985
012
206 9TH ST S
OLIVIA MN 56277
SERVICE CONNECTION 1.000 EACH
TO BE ASSESSED
DAVID AND WENDY CHRISTIANSEN
1147 1 ST SW
ROCHESTER MN 55902
SERVICE CONNECTION 1.000 EACH
TO BE ASSESSED
K SCHULDT
1ST ST SW
.—ESTER MN 55902
SERVICE CONNECTION 1.000 EACH
TO BE ASSESSED
-------------------------
CHRISTOPHER SAAM
1147 7TH AVE BE
ROCHESTER MN 55906
SERVICE CONNECTION 1.000 EACH
TO BE ASSESSED
--------------------------------------
ANNE C ROARK
316 6 AVE SE
ROCHESTER MN 55904
SERVICE CONNECTION 1.000 EACH
TO BE ASSESSED
GEORGE F POUGIALES
$19 2N0 ST SW
GEORGE F POUGIALES
ROCHESTER MN 55902
SERVICE CONNECTION 1.000 EACH
TO BE ASSESSED
THOMAS H 8 TARA M MEILANDER
3210 PINEWOOD RD SE
800.00000000 800.00
800.00
** KUTZKY'S ADDITION (A.W.) **
LOT 18 BLK 1
800.00000000 800.00
800.00
-----------------------------
LOT 22 BLK 1
74.34.44.011459 018 001
---------------------------------
74.34.44.011463 022 001
200.00000000 200.00
200.00
** D. P. MADDEN'S ADDITION **
LOT 4 BLK 2 64.01.33.012086 004 002
800.00000000 800.00
800.00
ee MORSE AND SARGEANT'S ADDITION **
LOT 8 BLK 45 64.01.22.015053 008 045
800.00000000 800.00
800.00
_______________________________________________________________________________________
W125FT LOT 1 BLK 52 64.01.22.015095 001 052
800.00000000 800.00
800.00
-------------------
W125FT LOT 5 BLK 52
64.01.22.015099 005 052
r
CITY OF ROCHESTER
LOCAL IMPROVEMENT
PROPERTY
LIST
06/01/01
PAGE 4
TAXPAYERS NAME AND MAILING ADDRESS
L E G A L
D E S C
R I P T I O N
PROPERTY ID
LOT BLK
ROCHEST904
MN 551.0
SERVICE CONNECTION
SERVICE C
1.000 EACH
800.00000000
800.00
TO BE ASSESSED
_---------------------
800.00
---------------
GEORGE R & DOROTHY E
_------------
PAULSEN
__-----------------------------------------------------
W125FT LOT 12 BLK 52
64.01.22.015106
_________________________
012 052
208 6TH AVE SE
ROCHESTER
MN 55904
SERVICE CONNECTION
1.000 EACH
600.00000000
600.00
TO BE ASSESSED
___-----------------------------------------------------------------
600.00
---
-----------------------
___________________________________
RONALD W & JUDITH M PORTER
922 77H AVE SE
ROCHESTER MN 55904
SERVICE CONNECTION 1.000 EACH
TO BE ASSESSED
_____________________________________
JOHN R & MICHELLE S POTTER
918 7TH AVE SE
ROCHESTER MN 55904
SERVICE CONNECTION 1.000 EACH
TO BE ASSESSED
ROBERT JEFFREY KARNES
914 7TH AVE SE
ROCHESTER MN 55904
** SUBDIVISION LOT 90 **
LOT 22 BLK 2
1,200.00000000 1,200.00
1,200.00
---------------------------------------
LOT 23 BLK 2
800.00000000
LOT 24 BLK 2
64.01.31.021751 022 002
____________________________________________
64.01.31.021752 023 002
800.00
800.00
64.01.31.021753 024 002
SERVICE CONNECTION 1.000 EACH 800.00000000 800.00
TO BE ASSESSED 800.00
____________________________________________________________________________________________________________________________________
BELINDA RUTH GROSZBACH
17 6TH AVE SE
ROCHESTER MN 55904
'* CITY LANDS 107-14-36
N50FT S150FT W108FT E141FT
SEC 36-107-14 LOT 7
SERVICE CONNECTION
1.000 EACH
800.00000000
800.00
TO BE ASSESSED
800.00
___________________________________________________________________________
LAUREL A FROELICH
N50FT S100FT W108FT
E141FT
19 6TH AVE SE
SEC 36-107-14 LOT 7
ROCHESTER
MN 55904
SERVICE CONNECTION
1.000 EACH
800.00000000
800.00
TO BE ASSESSED
---------------- ____----------------------------
------------ ______________
800.00
74.36.33.026575
_________________________________________________
74.36.33.026576
CITY OF ROCHESTER SUMMARY OF ASSESSMENT CALCULATIONS PAGE 5
OPTION 1 WATER SERVICE REPLACEMENTS - J9523. J9525. J9330
WATER SERVICE REPLACEMENTS - J9523, J9525, J9330 6 AVE BE, 7 AVE SE, AND i ST SW
AL COST OF JOB
�,AL TO BE ASSESSED
TOTAL TO BE DEFERRED
TOTAL TO FUTURE
27,800.00
SERVICE
CONNECTION
29.000
EACH
800.00000000
23,200.00
SERVICE
CONNECTION
2.000
EACH
700.00000000
1,400.00
SERVICE
CONNECTION
2.000
EACH
600.00000000
1,200.00
SERVICE
CONNECTION
1.000
EACH
400.00000000
400.00
SERVICE
CONNECTION
2.000
EACH
2O0.00000000
400.00
SERVICE
CONNECTION
1.000
EACH
1,200.00000000
1,200.00
REQUEST FOR COUNCIL ACTION MEETING V '
DATE'. 614/01
AGENDA SECTION:
ORIGINATING DFPT:
ITEM NO
CONSENT AGENDA
Public Works
p -05
t t cM DESCRIPTION: AMENDMENT TO Owner Contract - Basic Construction in
FIR PARED BY:,/�
Kingsbury Hills Subdivision (J9684)
l M. Baker">
Background:
• A City -Owner Contract was executed by the City on December 12, 2000, whereby construction of the
project entitled `Basic Construction in Kingsbury Hills Subdivision - J9684", was approved.
• The Owner has requested that the contract be amended to add Fredrick & Marcia Krebsbach as
additional Owners for the project.
Staff would offer the following Owner Contract project for consideration by the Council:
• Joel Bigelow & Sons Enterprises, Inc. & Fredrick & Marcia Krebsbach (Owners) & Elcor Construction
(Contractor) are requesting an AMENDMENT to City / Owner Contract J9684 consisting of "Basic
Construction in Kingsbury Hills Subdivision".
COUNCIL ACTION REQUESTED:
Adopt a Resolution authorizing the Mayor and City Clerk to execute the AMENDED City / Owner
Contract for J9684 "Basic Construction in Kingsbury Hills Subdivision"
_ >UNCIL ACTION: Motion by: Second by: to:
AGENDA SECTION:
CONSENT AGENDA
ITEM DESCRIPTION:
REQUEST FOR COUNCIL ACTION
ORIGINATING DEPT!
Public Works
MEETING
DATE: 06 04/01
ITEM NO.
p-rb
Pedestrian Facility Agreement — Gerald & Vivian Strauss (Lot 12, PR PARED BY:
Oak Hills Subdivision) he M. Baker 43
Staff would offer the following Pedestrian Facility Agreement for consideration by the Council:
• Gerald & Vivian Strauss, are the Owners of land platted as Lot 12, Oak Hills Subdivision. The
Owners have requested that a Pedestrian Facilities Agreement be approved to address the Owners'
obligation for providing a five (5) foot wide concrete sidewalk along the entire frontage of the
Property abutting Oak Hills Dr SW,
COUNCIL ACTION REQUESTED:
Adopt a Resolution authorizing the Mayor and City Clerk to execute a Pedestrian Facilities Agreement
with Gerald & Vivian Strauss, for Lot 12, Oak Hills Subdivision.
(:OUNCIL ACTION: Motion by: Second by: to.
i
REQUEST FOR COUNCIL ACTION MEETING j'
DATE: 6/4/01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO
CONSENT AGENDA
Public Works
�� ( 7
ITEM DESCRIPTION: Owner Contract — Watermain & Hydrant to Serve the Calvary
A
PRE�ARED BY:
Evangelical Free Church (J9794)
Baker
Staff would offer the following Owner Contract project for consideration by the Council:
Calvary Evangelical Free Church (Owner) & Badger Excavating (Contractor) are requesting a City
Owner Contract J9794 consisting of "Watermain & Hydrant to Serve the Calvary Evangelical Free
Church".
i
C �
�3
em
xM' 3 4i.U5y 0 ,x
p.Me4.Y
COUNCIL ACTION REQUESTED:
Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9794
"Watermain & Hydrant to Serve the Calvary Evangelical Free Church"
COUNCIL ACTION: Motion by: Second by: to.
REQUEST FOR COUNCIL ACTION MEETING 6 i
DATE: 6/4101
AGENDA SECTION:
ORIGINATING DEPT:
FM NO
CONSENT AGENDA
Public Works
7D,t8
ITEM DESCRIPTION: Owner Contract - Watermain & Hydrant to Serve the Pemstar
PR PARED BY:
Building Addition on Lot 2, Block 1, Rochester Technology Park
M. Baker
r.laRn:3�
Staff would offer the following Owner Contract project for consideration by the Council:
Pemstar, Inc. (Owner) & Alvin E. Benike, Inc. (Contractor) are requesting a City / Owner Contract J9808
consisting of "Watermain & Hydrant to Serve the Pemstar Building Addition on Lot 2, Block 1, Rochester
Technology Park".
1
COUNCIL ACTION REQUESTED:
Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9808
"Watermain & Hydrant to Serve the Pemstar Building Addition on Lot 2, Block 1, Rochester Technology
Park"
k,OUNCIL ACTION: Motion by: Second by to:
REQUEST FOR COUNCIL ACTION MEETING 69"
DATE: 6/04/01
AGENDA SECTION!
ORIGINATING ❑EPT,
ITEM NO.
CONSENT AGENDA
Public Works
��(9
IT DESCRIPTION: STORMWATER MANAGEMENT AGREEMENTS
PR�PARED BY:
r�
M Baker W 1
The Department of Public Works has received a request on two (2) properties, to voluntarily
participate in the City's Regional Storm Water Management Plan (SWMP). This department
has reviewed the information for this property and has determined that there is support for
participation. The Owners of the following properties have requested voluntary participation in
the City's Plan, with the applicable participation fee as follows:
• Metro Pallet — Lot 2, Block 3, Airport Industrial Park
(SDP#01-34) $ 2,645.09
• Word of Life Church — 2610 Hwy 52 N
(SDP#01-18) $ 1,716.86
The Owners of these properties have already provided payment for their respective charges
These funds will be deposited upon acceptance by the Council for the property to participate in
the City's Plan.
COUNCIL ACTION REQUESTED:
Adopt a Resolution accepting voluntary participation by the above noted properties, in the
City's Regional Storm Water Management Plan.
a %jUNCIL ACTION: Motion by: Second by: to.
REQUEST FOR COUNCIL ACTION
MEETING
DATE:
150
06/04/01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
CONSENT AGENDA
PUBLIC WORKS
D.,P-Q
IT ESCRIPTION:
AWARD OF CONTRACT: (J9777)
PREPARED BY:
Traffic Calming on Fox Valley Drive from 23rd Ave SW to Salem Rd
R. Kelm
Bids were received and opened after 11:00 a.m., May 30, 2001 for the following local improvement project:
Project Number
M1-18 (J9777)
Project Name
Traffic Calming on Fox Valley Drive from 23rd Ave SW to Salem Rd
The following bids were received:
Total Bid
1. Winona Mechanical $ 95,111.09
2. Innovative Contractors Inc. $ 103,628.00
3. Elcor Construction $ 115,673.50
Engineers Estimate $ 69,443.00
Project Background
The existing 44' wide urban state aid street was constructed with sanitary sewer, watermain, storm sewer, sub
drain, and concrete curbing in 1991.
At the request of the property owners an informational meeting was held on February 22, 2001. A Project and
Assessment Hearing for this Project was conducted by the City Council on April 16, 2001. The City Council
approved the Project and directed Public Works staff to proceed with the Project.
Protect Recommendation:
The Public Works Department recommends the City Council reject the bids as they are $25, 666 (37%) over the
Engineer's Estimate. In conversations with the contractors it was felt the tight time period for construction
(completion by June 29, 2001) contributed to some of the increases. Public Works recommends we re -bid the
project changing the time period for construction from 4 weeks to 8 weeks.
5,
Project Location *_]__J--�
\/
COUNCIL ACTION REQUESTED:
Reject the bids for the contract, " Traffic Calming on Fox Valley Drive from 23rd Ave SW to Salem Rd " (J9777) and
authorize the City Clerk to readvertise for bids and conduct a bid opening on June 27, 2001 at 11:00 a.m.
COUNCIL ACTION: Motion by: Second by: to:
REQUEST FOR COUNCIL ACTION MEETING 1j1 '
DATE: 06/04/01
•
OJ•r 11� - J
.0�..3
ii �.� Lwvvuli • . aye Doi bPo® r
pmje•e
,• 5r
eac® �• ! Qf j i i'
y
�
1 i� 1 @• I ti/ •
�JC � Ji / a vOl_ fA •• L/
'�
.rue,l:auaa, r\„• �.� -�:. e_�.. :+5�.\\e, .'a .W s•La
• 11 of
Koielf]•
REQUEST FOR COUNCIL ACTION MEETING
DATE:
�t
6/4/01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
CONSENTAGENDA
Public Works
IT DESCRIPTION: Supplemental Agreement #1; Project M023 (J9651)
PI EPARED BY/
Construction of Fox Valley Drive S.W.
M. Easley
The plans provide for the construction of Fox Valley Drive S.W., from the existing roadway in
Baihly Heights to Foxcroft.
Steep road grades and increased traffic on Fox Valley Drive have heightened concerns for
public safety, in this residential neighborhood, and along a city park. An alternate design using
traffic calming measures has been developed.
The Engineer has prepared Supplemental Agreement #1; Project M023 (J9651) in the amount
of $39,463.34 to cover the cost of :
1. Construction of a 20 MPH roundabout on Fox Valley Drive
MnDOT has approved the design, and Public Works has reviewed the costs associated with
this work, and find them appropriate.
COUNCIL ACTION REQUESTED:
Adopt a resolution authorizing payment of Supplemental Agreement #1; In the amount of
$39,463.34; Project M023 (J9651) Fox Valley Drive S.W.
—JUNCIL ACTION: Motion by: second by: to:
REQUEST FOR COUNCIL ACTION
MEETING
DATE:
63
05/30/01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
Ih CONSENT AGENDA
PUBLIC WORKS
T.) -Q-J
IT ESCRIPTION:
AWARD OF CONTRACT: (J-2592) Restoration #4
PREPARED BY:
Center Street Ramp
D. Rossman
Bids were received and opened after 11:00 a.m., May 30, 2001 for the following local improvement project:
Project Number
8215-36-01 (J-2592)
Project Name
Restoration #4 Center Street Ramp
The following bids were received:
Total Bid
1. Paragon Constructors $ 363,892.00
2. Brent Anderson Associates, Inc. $ 324,265.00
Engineers Estimate $ 363,100.00
Project Background:
Downtown parking ramps undergo restoration nearly every five years. The Center Street Ramp has undergone
three previous restoration projects. This particular restoration project will include repair of expansion joints,
application of a waterproof sealant, exterior caulking, minor concrete repair and painting of beams and ceilings.
The specifications call for work to be done by September 30, 2001. No work will be allowed on certain dates, such
as those during the Watch Tower Convention, as all parking spaces must be accessible for customers during
these types of events.
Project Recommendation:
Staff recommends proceeding with the bid of Brent Anderson Associates, Inc.
COUNCIL ACTION REQUESTED:
Adopt a resolution awarding the contract of "Restoration #4- Center Street Ramp" (J-2592) to
Brent Anderson Associates, Inc., 7600 State Highway 65 NE, Fridley, MN, 55432-3524, (763) 784-8364.
COUNCIL ACTION: Motion by: Second by: to:
(q
L
REQUEST FOR COUNCIL ACTION MEETING
DATE: 6/4/01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
1.
ft Consent Agenda
Police
y�
ITE SCRIPTION:
PREPARED BY:
COPS in Schools Grant Program
Chief Peterson
Since 1992, the Police Department and the School District have participated in a School/Police
Liaison Program. The program started with one officer and has expanded to meet the needs of
the department and the district. There currently are four officers assigned to the program. The
School District has been paying 50% of actual costs for the program.
The primary focus of the School/Police Liaison Program has been to build positive relationships
between law enforcement and students, parents, staff and neighbors of the three public High
Schools. The program also has been focused on enhancing the safety of students and staff.
School Liaison Officers and School District staff have now identified student/staff concerns and
safety issues in the Middle Schools that could be effectively addressed by expanding the
School/Police Liaison Program.
The US Department of Justice has funding available, through the COPS in Schools grant
program, for establishing or expanding school resource officer programs. The grant program
provides up to $125,000 per officer over a three-year grant period. The total cost over three
years for salary and benefits for four additional officers would be approximately $670,000. The
COPS in Schools grant program would fund $500,000 and the City match would be
approximately $170,000.
The School District is interested in expanding the School/Police Liaison Program. The School
District has tentatively agreed to provide office space and office equipment, and to fund 50% of
the vehicle operating and school -related overtime costs for four additional officers. The School
District will also consider funding up to 50% of the total cost of the expanded program at the end
of the grant period. Any School District funding for the expansion of the School/Police Liaison
Program is dependent on the amount levied in the future for school security costs.
COUNCIL ACTION REQUESTED:
The Police Department requests permission to apply for funding of up to $500,000 from the COPS in
Schools grant program to allow the expansion of theSchool//PPolice Liaison Program by four officers.
�iP� Sr/�i-� • /r'E2kcc=ems -� ita�G �-'��'�is�
U /
COUNCIL ACTION: Motion by: Second by: to:
REQUEST FOR COUNCIL ACTION
MEETING
DATE: 6-4-01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
CONTINUED - PUBLIC HEARING
PLANNING
S ' l
_... DESCRIPTION: Zoning District Amendment #01-04 initiated by the Rochester
PREPARED BY:
Common Council to establish zoning districts for land recently annexed to
Mitzi A. Baker,
the City of Rochester located at the southeast quadrant of Bamber Valley
Senior Planner
Road and Mayowood Road, north of Merrihills Drive SW.
1�j to
May 30, 2001
SE Corner of Mayowood Road & Bamber Valley Road - Continued from May 21, 2001
On May 21, 2001, the City Council held a public hearing to consider establishing zoning districts for land in Rochester
Township that was annexed to the City in 2000. The City Council continued one portion of this hearing to June 2, 2001, to
allow for further consideration of the zoning for the property. The property located south of Mayowood Road, east of Bamber
Valley Road and north of Merrihills Drive, which was continued, involves two property owners. The Burham and the Close
families.
Staff contacted both property owners to inform them that the City Council continued the hearing to establish zoning for their
properties and to inquire about their preference for zoning between R-Sa or R-1. The Burnham's had returned a survey
response for R-1 zoning for their property, and prefer R-1 zoning. The Close's had not returned a survey response but said
that they would prefer R-1 zoning as well.
Additional Information:
Bamber Valley Road is designated as an "arterial" on the ROCOG Thoroughfare Plan and is forecast to accommodate
approximately 12,700 vehicles per day. Mayowood Road is designated as a "collector" and is forecast to accommodate
10 vehicles per day. As a comparison, average daily traffic on a local roadway should be between 300 - 1,500 vehicles
day.
The attached map identifies improvement plans for these two roadways, which include turn lanes within both roadways and
additional right-of-way acquisition and a raised median along Bamber Valley Road. Future development of the property would
not likely have access to Bamber Valley Road, and access to Mayowood Road would likely need to move to the east to avoid
conflicts with the planned turn lanes.
Sanitary sewer is available in Mayowood Road, and water is available along the west side of Bamber Valley Road.
Council Action Needed:
1. The Council should direct the City Attorney to prepare findings of fact reflecting the Councils
decision on this zone change. If the Council approves this zone change as petitioned, it should
instruct the City Attorney to prepare an ordinance that can be adopted supported by findings of fact
and conclusions of law to amend the Official Zoning Map for the City of Rochester.
COUNCIL ACTION:
Lion By: m Seconded By:1� Action: f-&A
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1620 Greenview Drive S. W, • Rochester. Minnesota 55902 • (507) 288-7700 • Fax (507) 288-4531
June 4, 2001
TO: City Council Members,
Tonight you are scheduled to decide on the zoning
for our property. It may be helpful for you to know
our feelings on the matter.
We love the neighborhood, as well as our
property. However, in the 19 yaars that we've lived
here, we've seen many changes. The bean field to the
north is now Waterford. The small elementary school
to the west has tripled in size. The three roads that
border our property are soon projected to handle
20,O00 vehicles a :ay.
To our knowledge, there is not another, lot in
Merrihills that bears any similarity to ours. We,
therefore, ask that our property be viewed differently
than the others. Actually, our first preference would
be an RIX classification, however. R1 (as the Planning
and Zoning Department has recommended) would be
agreeable to us.
WP respect and understand that our neighbors
prefer an RSA zoning, as eye would also, in their
positions. It is our hope that you, and they, wi11
understand and. support our wishes.
de:. ortfu.liynnsubmitted,
Jo and Carol Burnham
ROCHESTER - OLMSTED PLANNING DEPARTMENT
2122 CAMPUS DRIVE SE, SUITE 100, ROCHESTER, MN, 55904-4744
PH: (507) 285-8232 FAX: (507) 287-2275
To: Rochester Mayor and Common Council
From: Phil Wheeler, AICP, Planning Director
Date: June 4, 2001
Re: Burnham Property
The Council will consider zoning for the Burnham property tonight. The Burnham
property is located at the intersection of Mayowood Road and Bamber Valley Road. The
property is 3.6 acres in area, four -tenths of an acre under the range of property size
identified for neighborhood commercial uses. In other respects, it appears to meet the
locational criteria for neighborhood commercial uses, identified below:
• Located at the intersection of a collector and/or higher level streets.
• Having relatively flat terrain.
• Having good vehicular and pedestrian access.
• With a projected service area of at least 1,500 houesholds with a radius of one-half
to one mile.
• Having at least enough land area to serve the fully developed neighborhood at the
rate of 2.5 acres of land per 1,000 neighborhood households.
The property is separated by elevation differences and by its orientation from the
adjacent large lot development. Given its suitability for neighborhood commercial uses,
it is clearly at least suited for R-1 or R-1 x development.
Ken Moen, on behalf of at least some of the neighbors, has suggested as a planning
principle that platted land should not be resubdivided when annexed. In fact, that notion
is not accepted as a planning principle anywhere that I am aware of. However, there are
two planning principles directly applicable to the question of zoning for this property:
1. Accommodate the highest and best use of the property.
2. Ensure compatiblity with neighboring uses.
The compatibility principle constrains the first principle. It amounts to avoiding or
mitigating reasonably anticipated harm to neighboring properties. Ensuring compatibility
is not equivalent to avoiding any and all change, nor to guaranteeing that new
development have the same lot size, density, style of use, or use as abutting property. If
that were the case, no residential development would ever abut the commercial uses
that residents rely on. Townhouses would never be allowed to abut single family houses.
Fox Knob would never be allowed to abut Baihly Heights. In the Council's judgement, all
of these neighboring uses have been permitted consistent with the two principles
enumerated above.
Where there is no demonstrable harm from allowing a use and a density that is
consistent with the Plan, the Council should zone accordingly. Neither R-1 nor R-1x
generates a demonstrable harm to abutting properties. Therefore, the Council should
zone the Burnham property R-1.
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LAW OFFICES
DUNLAP & SEEGER, P.A.
RONALD L. SEEGER
MARY H. DUNLAP
MILTON A. ROSENBLA➢
206 SOUTH BROADWAY, SUITE 505
MARK E. FOSSE
PAULA. FINSETH
MARQUETTE BANEBUILDINO
KEN ➢. SCHUELER
DANIEL E. BERNDT
PO BOX 549
GREGORY J. GRIFFITHS
JOHN B. ARNOLD
ROCHESTER, MINNESOTA 55903-0549
MICHAEL S. DIETZ
PETER C. SANDBERG
SHARON C. ZEHE
TINA L. MOHR
TELEPHONE: (507) 288-9111
KARI STONELAKE-HOPKINS
KENNETH R. MOEN
AARON T. ALBOLD
WILLIAM J. RYAN
FAX: (507) 288 9342
CHRISTINA K. STEVENS
PAUL W. BUCHER
FAX. (507) 288-0812
ROBERT G. BENNER
DOUGLAS A. BOESE
THOMAS W. JACOBSON
ROBERT R. DUNLAP
of Counsel
WILLIAM P. VOLKMAR
(1915-1992)
A.M. "SANDY" KEITH
May 31, 2001
ROCHESTER CITY COUNCIL
201 4TH STREET SE
ROCHESTER MN 55904
Dear Members of the City Council:
I write on behalf of Dr. and Mrs. McKenna, 2040 Merrihills Drive S.W., and some of their
neighbors, in opposition to the City Council's recent decision by Resolution to rezone two lots
. located south of Mayowood Road and east of Bamber Valley Road to R-1. Your consideration
of the related ordinance will come before you on June 4, 2001. I enclose an enlarged version of
a portion of the plat map from Merrihills Subdivision for your background information. The
property in question is Lot 12 and the smaller unplatted portion northeast of it.
Our objection has several bases.
First, the vast majority of that property was already subdivided pre -annexation. I do not think it
too much to ask that when the City annexes property the previous boundaries for properties
already developed be respected with regard to zoning designation. That would mean that R-Sa
designation would be appropriate to this property. It was subdivided in 1957 and subsequently
developed according to the plat. Annexation should not mean that these neighbors have to fear
the consequences of substantially more development within already developed lots.
Secondly, the schematic that I submit indicates that the chief exposure for additional
development on this property affects Merrihills Drive, the principle access for all of Merrihills I
and II Subdivisions. Road improvement plans to the west and north eliminate the west side as an
access consideration, other than through Merrihills Drive. Access from the north appears is also
substantially affected, and it appears infeasible that R-1 scale dense development of the property
could occur without substantial impact on Merrihills Drive. Thus, R-Sa designation is the only
zoning that will not have significant impact on the nature of Merihills I and II development.
Some neighbors will appear at your continued hearing on Monday to express their opposition.
• This is a piece of property that did not receive any significant discussion at either the Planning
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Rochester City Council
Page 2
May 31, 2001
Commission or the Common Council. I certainly hope that you listen to the property owners
directly affected by this change in zoning designation on property that has already been
subdivided.
Sincerely,
7
Kenneth R. Moen
KRM/bap
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REQUEST FOR COUNCIL ACTION MEETING
DATE: 6-4-01
DA SECTION: ORIGINATING DEPT: ITEM NO.
PUBLIC HEARINGS PLANNING S -t;)—
ITEM DESCRIPTION: Type III, Phase II, Preliminary Plat #01-13 to be known as Fox PREPARED BY:
Hill Subdivision. This property is zoned SD-4 Fox Knob Mitzi A. Baker,
Special District. Senior Planner
May 31, 2001
Prior to the Planning Commission meeting, a revised plat was submitted to address the modifications required by the GDP
and additional modifications recommended by staff. Upon further review of the revised plat, staff recommends adding
the following to condition:
The final plat shall identify all right-of-way/roadway segments with a roadway name designation (see May 22,
2001 comments from Planning Department Addressing Staft).
City Planninq and Zoning Commission Recommendation:
The City Planning and Zoning Commission held a public hearing on May 9, 2001 to consider this preliminary plat. The
applicant submitted a revised plat prior to the meeting, which included most of the modifications recommended by staff.
The Planning Commission recommended approval of Preliminary Plat #01-13, subject to the following modifications
and conditions. Petersson moved, Slaver seconded, the motion carried 8-0.
1� The Plat shall be revised as follows:
a) The applicant (or consultant) shall review all intersection geometrics to determine if school bus, garbage
truck and emergency vehicles can make right turns without needing to back up, especially where center
islands are present. The applicant (or consultant) shall demonstrate to the City, the ability for such vehicles
to make turning movements without needing to back up. If necessary, the plat shall be revised to
accommodate said turning movements without requiring vehicles to back up.
2. The platting of partial width right-of-ways is prohibited except where the remainder of the necessary right-of-way
has already been platted, dedicated or established by other means (Sec. 64.128 of the LDM). This preliminary
plat shall either be revised to include dedication of the entire right-of-way for roadways, OR the remainder of the
necessary right-of-ways shall be dedicated or established by other means and provided to the City prior to Final
Plat application.
3. Easements necessary for infrastructure improvements outside of this plat, which are required for the
development of this property, must be provided to the City prior to development.
4. Conditions of the General Development Plan for this property still apply, applicable conditions must be met prior
to application for a Final Plat.
Council Action Needed:
1. The Council may approve, approve with conditions, or deny the land subdivision
permit. The Council must make findings of fact as a basis for the decision.
NCIL ACTION: Motion by: Second by:
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ROCHESTER
/V/inne3ota
WORKS
201 4"' Street SE Room 108
TO: Consolidated Planning Department Rochester, MN 55904-3740
2122 Campus Drive SE 507-297-7800
Rochester, MN 55904 FAX — 507-281-6216
FROM: Michael J. Nigbur
DATE: 5/25/01
The Department of Public Works has reviewed the application for REVISED Preliminary Plat #01-13 Fox
Hill on the Wynnwood Company property. The following are Public Works comments on the proposal
revisions to the preliminary plat:
1. Public Works concurs with the proposed preliminary plat revision.
2. Public Works has no other new comments on this proposal, as a result of the current
revisions.
C:ltemp\PP01-13 REVISED Fox HIII (GDP114 Fox Knob).doc
1(49 0
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: May 22, 2001
TO: Jennifer Garness
FROM: Planning Dept. Addressing Staff
CC:
RE: FOX HILL PRELIMINARY PLAT (REVISED) #01-13
A review of the preliminary plat has turned up the following ADDRESS and ROADWAY related
issues.
1. The roadway segments that lie north of Lot one Block one, and also south of Lot eleven Block one
need to be illustrated with their designation.
RECOMMENDATION: Illustrate both segments of roadway with FOX HILL PLACE SW.
ROCHESTER-OLMSTED PLANNING DEPA�MENT
2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744
COUNTY Of WWWolmsledcounty.com/planning
TO: City Planning and Zoning Commission
FROM: Mitzi A. Baker, Senior Planner
DATE: May 4, 2001
RE: Preliminary Plat #01-13 by Wynnwood Company to be known as
Fox Hill. The plat proposes to subdivide approximately 18.74
acres of land into 41 lots for single family development and five
Outlots and to dedicate right of way for Fox Valley Drive SW and
several new roadways within the subdivision. The property is
located south of Fox Valley Drive, east of the Foxcroft
developments and west of the Baihly Heights and Baihly
Woodlands developments.
Plannina Department Review:
ApplicantlOwner: John Klopp
Wynnwood Company
1530 Greenview Drive SW
Rochester, MN 55902
Designer: Christine Schultze, AIA
500 Eighth Ave. SW
Rochester, MN 55902
Engineer: Yaggy Colby Associates
717 Third Ave. SE
Rochester, MN 55904
Referral Comments: 1. Rochester Department of Public Works
2. Rochester Park & Rec. Dept.
3. Planning Dept. Addressing Staff
4. RPU Water Division
5. Rochester Fire Department
Report Attachments: 1. Land Development Manual Excerpts
2. Referral Comments (5 Letters)
3 Copy of Fox Knob General Development Plan
BUILDING CODE 507/285-8213 • GIS/ADDRESSAUG PI19111SU Ski Y PHWSING/HRA 507J285-8224
.vuaws PLANNING/ZONING 507/285-8232 • WELLISEPTIC 507/285-8345
FAX 507/287.2275
.w AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
11
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V Page 2
May 4, 2001
Development Review:
Location of Property:
The area includes approximately 18.54 acres of land
located south of Fox Valley Drive and between the
Foxcroft and Baihly Heights and Baihly Woodlands
developments.
Zoning:
The property is zoned SD-4 Fox Knob Special District
Proposed Development:
The plat proposes to develop 18.54 acres of land with
41 lots for single family development. Five Outlots
are also proposed.
Streets:
The Plat proposes to dedicate right-of-way for several
new roadways, including an alley, and also proposes
to dedicate right-of-way for Fox Valley Drive.
Roadway widths and designs were included as part of
the approved Special District and General
Development Plan for the property.
Several roadway names will need to be modified to
comply with roadway naming standards.
Right-of-ways will need to be modified to provide
rounded block corners to allow for 25' radii and walk
with ADA pedestrian ramps.
Utilities:
Utilities are available to serve the subdivision within
the existing Fox Valley Road right-of-way.
Sidewalks:
In accordance with current City policy, sidewalk is
required along all roadways being dedicated in this
plat, including those areas adjacent to outlots.
Drainage:
The plat incorporates storm sewer pipes that will
convey storm drainage to storm sewer in Fox Valley
Drive.
Detailed grading and drainage will need to be
approved prior to Final Plat application.
Wetlands:
Minnesota Statutes require that all developments be
reviewed for the presence of wetlands or hydric soils.
There do not appear to be hydric soils within this plat.
Spillover Parking:
The spillover parking requirements for this
development would be 49 parking spaces. The
proposed roadways, as well as individual driveways,
should be adequate to accommodate the required
spillover spaces.
Parkland Dedication:
Parkland dedication requirements for this
development should be met though cash in lieu of
land.
Page 3 •
May 4, 2001
•
General Development Plan:
This property encompasses the Fox Knob General
Development Plan (GDP) and Fox Knob Special
District (SD) that were recently approved by the City.
The Plat is generally consistent with the approved
GDP and SD.
Staff Review and Recommendation:
The General Development Plan for this property was approved in March subject to the following
conditions:
The applicant shall execute an amended Development Agreement with the City to
address changes to the proposed development plan for this property. The Agreement
shall include, but not be limited to: ownership and maintenance of Outlots; maintenance of
the alley; plantings within and maintenance of landscaped islands; parkland dedication;
construction and maintenance of pedestrian facilities along the frontages of all Outlots,
and the connection of Blocks 2 and 3 across the central court Outlot; and right-of-way
dedication, and infrastructure design and construction.
2. All Outlots included in the development shall be privately owned and maintained.
3. The applicant (or consultant) shall review all intersection geometrics to determine if school
bus, garbage truck and emergency vehicles can make right turns without needing to back
up, especially where center islands are present. The applicant (or consultant) shall
demonstrate to the City, the ability for such vehicles to make turning movements without
needing to back up.
4. The applicant shall provide a map and list of locations for "No Parking" within the
development.
5. Right-of-ways shall have rounded block corners to allow for 25' radii and walk with ADA
pedestrian ramps.
6. Park dedication requirement shall be met in the form of cash in lieu of land.
Preliminary Plat:
Section 61.225 of the Land Development Manual lists the findings which must be made by the
Planning Commission and the Council when reviewing a land subdivision permit application. This
section is attached for your information. This development is also subject to design standards
established as part of the Special District and General Development Plan approvals for the
property, including roadway design.
V� Page 4 •
May 4, 2001
At this time the preliminary plat needs to be modified. Staff suggests that revised plat and plan
sheets should be submitted to the Planning Department prior to action on the preliminary plat,
Staff recommends that the following modifications or conditions be imposed on this preliminary
plat in order to insure that the required criteria and standards are met:
The Plat shall be revised as follows:
a) Right-of-ways shall have rounded block corners to allow for 25' radii and walk with
ADA pedestrian ramps;
b) The Outlot located west of Lots 3-6, Block 2 shall be labeled orincluded as part of
Outlot 'A';
c) Roadway names shall be modified as specified by the Planning Department
Addressing Staff in the attached memorandum dated April 23, 2001;
d) The applicant (or consultant) shall review all intersection geometrics to determine
if school bus, garbage truck and emergency vehicles can make right turns without
needing to back up, especially where center islands are present. The applicant (or
consultant) shall demonstrate to the City, the ability for such vehicles to make
turning movements without needing to back up. if necessary, the plat shall be
revised to accommodate said turning movements without requiring vehicles to
back up.
2. The platting of partial width right-of-ways is prohibited except where the remainder of
the necessary right-of-way has already been platted, dedicated or established by other
means (Sec. 64.128 of the LDM). This preliminary plat shall either be revised to include
dedication of the entire right-of-way for roadways, OR the remainder of the necessary
right-of-ways shall be dedicated or established by other means and provided to the
City prior to Final Plat application.
3. Easements necessary for infrastructure improvements outside of this plat, which are
required for the development of this property, must be provided to the City prior to
development.
4. Conditions of the General Development Plan for this property still apply, applicable
conditions must be met prior to application for a Final Plat.
REMINDER TO APPLICANT:
Approved grading, drainage and construction plans and an executed Development
Agreement will need to be submitted with the final plat application if the applicant
intends to record the final plat documents prior to completion of infrastructure
improvements.
• Prior to development, the property owner will need to execute a City Owner Contract
for construction of the public roadways and utilities.
• The applicant must obtain any land use approval that is required by another
governmental entity with land use jurisdiction, in whole or in part, over this
development.
Page 5
• • ��
May 4, 2001
Excerpt from the Rochester Zoning Ordinance and Land Development
Manual
61.225 Findings for Land Subdivision:
The Zoning Administrator, Commission or Council shall approve a development permit
authorizing a land subdivision if all of the following findings with respect to the proposed
development are made:
1) The proposed land subdivision conforms to all relevant requirements of this
ordinance and variances have been granted to permit any nonconformance.
2) 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.
3) 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.
4) 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.
5) 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.
6)
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.
7) That the proposed subdivision, if in a residential zoning district, addresses the need
for spillover parking consistent with the requirements of Section 63.426.
8) That right-of-ways and easements of adequate size and dimension are -provided for
the purpose of constructing the street, utility, and drainage facilities needed to serve
the development.
9) That the proposed parks, trail thoroughfares and open space dedications are
consistent with adopted plans, policies and regulations.
10) That the proposed subdivision will not have off -site impacts on the street, drainage,
water or wastewater systems that exceed adopted standards.
11) That the proposed subdivision will not have adverse impacts on the safety or viability
of permitted uses on adjacent properties.
Page 6
May 4, 2001
12) 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.
13) That the soils, topography and water tables have been adequately studied to ensure
that all lots are developable for their designated purposes.
14) That the proposed land subdivision is consistent with the standards of the City's
adopted Comprehensive Plan.
15) That any land located within Zone A as shown on the currently adopted Flood
Boundary and Floodway Maps of the Flood Insurance Study, Rochester, Minnesota
prepared by the Federal Emergency Management Agency, is determined to be
suitable for its intended use and that the proposed subdivision adequately mitigates
the risks of flooding, inadequate drainage, soil and rock formations with severe
limitations for development, severe erosion potential, or any other floodplain related
risks to the health, safety or welfare of the future residents of the proposed
subdivision in a manner consistent with this ordinance.
61.226 Conditions on Approvals: In considering an application for a development
permit to allow a land subdivision, the approving body shall consider and may
impose modifications or conditions to the extent that such modifications or
conditions are necessary to insure compliance with the criteria of Section
61.225.
Page 5 • �� /
May 4, 2001
Excerpt from the Rochester Zoning Ordinance and Land Development
Manual
61.225 Findings for Land Subdivision:
The Zoning Administrator, Commission or Council shall approve a development permit
authorizing a land subdivision if all of the following findings with respect to the proposed
development are made:
1) The proposed land subdivision conforms to all relevant requirements of this
ordinance and variances have been granted to permit any nonconformance.
2) 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.
3) 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.
4) 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.
5) 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.
6) 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.
7) That the proposed subdivision, if in a residential zoning district, addresses the need
for spillover parking consistent with the requirements of Section 63.426.
8) That right-of-ways and easements of adequate size and dimension are -provided for
the purpose of constructing the street, utility, and drainage facilities needed to serve
the development.
9) That the proposed parks, trail thoroughfares and open space dedications are
consistent with adopted plans, policies and regulations.
10) That the proposed subdivision will not have off -site impacts on the street, drainage,
water or wastewater systems that exceed adopted standards.
11) That the proposed subdivision will not have adverse impacts on the safety or viability
of permitted uses on adjacent properties.
V Y Page 6 • •
1 May 4, 2001
12) 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.
13) That the soils, topography and water tables have been adequately studied to ensure
that all lots are developable for their designated purposes.
14) That the proposed land subdivision is consistent with the standards of the City's
adopted Comprehensive Plan.
15) That any land located within Zone A as shown on the currently adopted Flood
Boundary and Floodway Maps of the Flood Insurance Study, Rochester, Minnesota,
prepared by the Federal Emergency Management Agency, is determined to be
suitable for its intended use and that the proposed subdivision adequately mitigates
the risks of flooding, inadequate drainage, soil and rock formations with severe
limitations for development, severe erosion potential, or any other floodplain related
risks to the health, safety or welfare of the future residents of the proposed
subdivision in a manner consistent with this ordinance.
61.226 Conditions on Approvals: In considering an application for a development
permit to allow a land subdivision, the approving body shall consider and may
impose modifications or conditions to the extent that such modifications or
conditions are necessary to insure compliance with the criteria of Section
61.225.
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86 1 OCHESTEt
Winnejota
TO: Consolidated Planning Department
2122 Campus Drive SE
Rochester, MN 55904
FROM: Michael J. Nigbur
DATE: 4/18/01
DEPARTMENT OF PUBLIC
WORKS
201 4s' 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 #01-13 Fox Hill on the
Wvnnwood Company property. The following are Public Works comments on the proposal:
1. A Development Agreement has been executed for this property. The Development
Agreement must be amended to address changes to the proposed development plan
for this property that have been approved through the amended GDP.
2. Approval of Grading and Drainage Plans is required for this development, prior to
Final Plat submittal.
3. A City / Owner Contract must be executed prior to development of this property, to
address the construction of all public infrastructure and utilities to serve this
subdivision.
4. The Owner is required to construct pedestrian facilities, consistent with City
Ordinance, along the frontages of all new public streets within Fox Hill. Furthermore,
the construction and maintenance of sidewalk along the frontages of all Outlots, and
the connection across the central court Outlot'C', shall be the Owner's responsibility.
5. Preliminary Construction Plan comments will be provided separately to the
Developer's Engineer.
6. The Plat shall include all of the right-of-way for Fox Valley Drive, from Fox Knot Drive
to Fox Croft Subdivision, including all of the right-of-way for the Traffic Circle.
7. An easement is required from the abutting property Owner (Thompson Estate), for
the alley, eastern half of Fox Knol Drive and Fox Valley Drive to Bathly Heights
Subdivision.
Charges/fees applicable to the development of this property are addressed in the existing
Development Agreement, with the exception of:
• Contribution for Seal Coat Q $0.45 per square yard of public street surface.
S• Street signs as determined by the Traffic Division
C:Vemp\PP01-13 Fox HIII (GDP114 Fox Knob).doc
ROCHESTER PARK AND AREATION DEPARTMENT
201 FOURTH STREET SE R
ROCHESTER MINNESOTA 55904-3769
TELE 507-281-6160
FAX 507-281-6165
DATE: April 10, 2001
TO: Jennifer Garness
Planning
RE: Fox Hill
Preliminary Plat # #01-13
Number of dwelling units .............................................
Densityfactor............................................................
Dedication...............................................................
Fair market value of land .............................................
41 units
.0244
1.00 acre
$25, 000/a
The Park and Recreation Department recommends that dedication requirements be met via:
Cash in lieu of land.
During review of the GDP, the Park Department suggested that the outlots remain private. The
applicant has since indicated a preference to having the Outlots A, B and C become public
landscaped / open spaces. The Park Department's concerns regarding acceptance of the outlots are:
A. There is an existing 4.0 acre park is located 500' from the development
B. The City has avoided the acceptance of small lots / parcels that are less than 4.0 acres because
small outlots are considerably more expensive to maintain and also because the smaller parcels
do not meet the standard for qualification as dedicated parkland.
C. The expectations for the level of landscaping and maintenance of these outlots will significantly
exceed what is normally done in other neighborhood parks
D. The acceptance of the maintenance responsibilities for the small outlots will set a precedence
for other developments
The Park Department suggests that the outlots could be platted as outlots and deeded to the City
but that the homeowners association would be responsible for the landscaping and maintenance of
the outlots. The maintenance of the outlots could be included in the landscape maintenance
agreements that will be required for the maintenance of the landscaped mediums in the public street.
The outlots would be accessible by the general public but would be maintained to the standards set by
the homeowners association.
No parkland dedication credits should be extended for the outlots.
0:\DST0T2\2001\DEDICATI0N\SW 2897\FOX HILL 1ST.DCC
I- P-91,11 L_
we pledge, we deliver
April 5, 2001
Rochester -Olmsted
CONSOLIDATED PLANNING DEPARTMENT
2122 Campus Drive SE
Rochester, MN 55904-7996
REFERENCE: Preliminary Plat #01-13 by Wynnwood Company to be known as Fox Hill.
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. Anticipated static water pressures will range from the mid 30's PSI to the lower 40's PSI
within this area. We recommend that wherever the static pressures are below 40 PSI
(approximately above elevation 1210, which is a majority of this site) that 1 %2" copper water
services be installed from the main to the buildings to reduce the pressure loss from the pipe
at higher flow rates.
3. Minor revisions to the proposed water system layout are required. We have provided the
applicant's engineering firm with these comments.
Please contact us at 507-280-1600 if you have questions.
Very truly yours,
DMA 1'GGNtU�[.�
Donn Richardson
Water
C: Doug Rovang, RPU
Mike Engle, RPU
Mark Baker, City Public Works
Mike Glenzinski, City Public Works
Vance Swisher, Fire Prevention Bureau
Wade Dumond, Yaggy Colby Associates
Wynnwood Company
Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813
telephone 507-280-1540 facsimile 507-280-1542
11
AL4AMIUCA CrfY R4 CHE STER
.�iicrce.�o�a
DATE: April 13, 2001
TO: Jennifer Garness, Planning
FROM: Lyle Felsch, Deputy Chief
R{rFD•A l'GUSZ'��`
DAVID A. KAPLER, Chief
Rochester Fire Department
201 4th Street SE, Room 10
Rochester, MN 55904-3726
(507)285-8072
FAX #(507)285-8256
SUBJECT: Preliminary Plat #01-13 Fox Hill, located south of Fox Valley Drive, east of
Foxcroft, developments and west of Baihly Heights and Baihly Woodlands
Developments.
With regard to the above noted Preliminary Plat, the fire department has the following
requirements:
1. 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. Hydrants
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 and RCO 31.
The 25foot road width of Fox Hill with parking on one side does not meet the intent of the
Fire Code for a minimum 20' driving surface. If approved as submitted, this street should
be posted "No Parking — Fire Lane" on at least one side. Signage must be installed in
accordance with the specifications of the Public Works Department.
NOTE: The Fire Department will request the City Council require this street to be signed no
parking on both sides should parking become an obstruction to emergency vehicles.
All fire department access roadways shall be serviceable prior to and during building
construction.
3. All street directional and fire lane signs must be in place prior to occupancy of any
residential buildings.
4. All buildings are required to display the proper street address number on the building front,
which is plainly visible and legible from the street fronting the property. Number size must
be a minimum 4" high on contrasting background when located on the building and 3° high
if located on a rural mail box at the public road fronting the property. Reflective numbers
are recommended.
c: Donn Richardson, RPU, Water Division
Wynnwood, Company, 1530 SW Greenview Dr., Rochester, MN 55902
Yaggy Colby Associates, 717 3rd Avenue SE, Rochester, MN 55904
140 Page 6
City Planning and Zoning Commission Minutes
Hearing Date: May 9, 2001
k
5. Parkland Dedication shall b met via: Deferred land dedication with dedication of
a 4.0 acre neighborhood par as shown on the General Development Plan for this
plat. Dedication is to occur w en the park site is accessed via public street or the
Park Department wishes to be development a site.
6. No parking shall be allowed, at an tit
"481�',Street SW" and "Scenic View
Lane SW". No parking fire lane si
consistent with City policies.
7. The applicant shall ente to a devel(
ne nW"g either side of the entire length of
Sfrom 48'' Street SW to "Timberwood
must be posted along these roadways:
the obligations of th plicant relating ttb
management, par edication, traffic impr
islands, pedes n facilities, right-of-way d
infrastructu
agreement with the City that outlines
it not limited to; stormwater
tments, maintenance of landscape
ttcation, and contributions for public
Ms. Mitzi Baker presented the staff report, dated May 4, 2001, to the Commission. The staff
report is on file at the Rochester -Olmsted Planning Department.
Ms. Baker stated that she handed out a revised plat to the Commission, dated May 5, 2001,
prior to the meeting. She stated that the requested revisions had been made. Therefore, she
explained that staff recommended a) b) and c) of Condition Number 1 could be eliminated.
Ms. Baker stated that she had correspondence with Public Works, however, she was not able to
get confirmation if 1 d) had been addressed. Therefore, she recommended leaving Condition
Number 1 d) as a staff -recommended condition.
The applicant, Mr. John Klopp, who resides at 1020 Orchard Acres Lane SW, addressed the
Commission. He stated that he was present to answer any questions the Commission had. He
further indicated that Dale Allen and Christine Schultze were also available to answer questions.
Mr. Burke asked Mr. Klopp if he agreed with the staff -suggested conditions.
Mr. Klopp responded yes.
Mr. Dale Allen, of Yaggy Colby Associates, addressed the Commission. He stated that Outlot A
would be 1 outlot and would be owned and maintained by the association.
With no one else wishing to be heard, Ms. Petersson closed the public hearing.
Mr. Burke moved to recommend approval of Preliminary Plat #01-13 by Wynnwood
Company to be known as Fox Hill with staff -recommended conditions, eliminating 1 a) b)
Page 7 4F �,/'
City Planning and Zoning Commission Minutes r
Hearing Date: May 9, 2001
and c) of Condition Number 1. Mr. Ohly seconded the motion.
CONDITIONS:
1. The Plat shall be revised as follows:
a) The applicant (or consultant) shall review all intersection geometries to
determine if school bus, garbage truck and emergency vehicles can make right
turns .without needing to back up, especially where center islands are present.
The applicant (or consultant) shall demonstrate to the City, the ability for such
vehicles to make turning movements without needing to back up. if
necessary, the plat shall be revised to accommodate said turning movements
without requiring vehicles to back up..
2. The platting of partial width right-of-ways is prohibited except where the remainder of
the necessary right-of-way has already been platted, dedicated or established by . .
other means (Sec. 64.928 of theiDM). This preliminary pl,a4 shall either be revised to
necessary rigfit-of-ways shall ,be dedicated or established by other means avid
provided to the City prior#o Final Flat application. '
3. Easements necessary for infrastructure improvements,outside of this plat, which are
required for the development of this prope, must be provided to the City prior to rty
development.
4. Conditions of the General Development Plan for.this property still apply, applicable
conditions must be met prior to application for a Final Plat.
Discussion ensued regarding maintenance of and access to the outlots.
OTHER BUSINESS:
1.
Ms. Petersson reminded the CommissioneV q(the special meeting scheduled for May 16, 2001
at 4:00 p.m. to hear a presentation on DecdVh Edge Shale,
Ms. Baker explained that the presentatio o take approximately 1 %2 hours and that is was
for informational purposes only. She st ed th since the Commission would not be discussing
the issue, minutes would not be form taken.
ADJOURN:
Motion made by Mr. Bu a to adjourn, seco ded by Ms. Rivas. Ms. Petersson,
Chair, adjourned the eting at 7:50 p.m.
REQUEST FOR COUNCIL ACTION
MEETING .3
DATE: 06-04-01
AGENDA SECTION:
"' BLIC HEARINGS
ORIGINATING DEPT:
PLANNING
M DESCRIPTION: Preliminary Plat #01-14 by R & L Partnership to be known as Scenic
Oaks Second Addition. The Plat proposes to subdivide 22.60 acres of land into 35 lots for
residential development and 2 outlets. The plat also proposes right-of-way dedication for
three roadways. The applicant is also requesting approval for a Substantial Land Alteration
permit to allow for changing grades more than 10 feet in certain areas within the
development. The property is located along the south side of 48`h Street SW and west of
Scenic Oaks First Addition.
May 29, 2001
NOTE: The applicant submitted a REVISED Preliminary Plat addressing the staff suggested modifications stated
in the staff report, dated May 4, 2001. Based on the revised preliminary plat submitted, staff recommends the
removal of condition #1, except for Letter C from the conditions recommended by the City Planning and Zoning
Commission, Also, Planning staff and City Park and Recreation staff met with the applicant's representative and
agreed to the location of the mid -block connection being located south of Lot 10, Block 1(on Outlot AJ. Staff is
also recommending that revision of condition Number 6 "fire lane" by the Planning Commission be removed. The
conditions to be removed shall be shown in st4keeat.
City Planning and Zoning Commission Recommendation:
The City Planning and Zoning Commission held a public hearing on May 9, 2001 to consider this preliminary plat.
The applicant's representative, Mr. Mark Welch of GGG Engineering, addressed the Commission. Mr. Welch requested a
meeting with Planning staff and City Park and Recreation staff regarding the location of the mid -block connection, Mr.
Welch staled that there would a bituminous path along 48'h Street SW, a 1000 feet from the path to the last lot. Therefore,
he indicated that they wanted to move the path south of Lot 10.
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. Changing -the na,., ^Nee " Lane 501, avoiding dupiffiration of roadway naffies. K1e-hM-ge_is
required
b-�Ideat+fylAg the. 20' utility a ment-between Lots 20 ➢ 21 Gl...rk 2 as a Drainage and Utility EaSe r.nn.
c. Dedicating a utility easement along the north property line of Lot 1, Block 1 and Lots 1-6, Block 2.
d-4d tifying an 8" WatOF MaiR to sewe ;e adjacent
lonated,holthis the Fight of way of 48th StFO I _' ( 1 11 1 11 9 path OF On the ditGh area) or between
.1 O p
a—Becl' atl a 20' { oil i.e .. { between Lots a 4 n d Lots 19 4 19[ OI 6k 9 f0F Fequired 9[a«en Mnr
" p
Outlet shall be dedlGated to the City.
The meyis,ons shall be pFevided-to the-RlaRRin
City-G6UR611'
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 A and B shall be dedicated to
the City.
DUNCILACTION: Motion by: Second by: to:
ITEM NO.
F,-3
PREPARED BY:
Theresa Fogarty,
Planner
Page 2 qq
Preliminary kat
Scenic Oaks Second Subdivision
3. A temporary turn -around and associated easements is required at the southerly extent of Scenic Drive SW.
4. A Wetland Replacement Plan shall be completed due to the filling of the wetland corridor to be filled as part of the
road construction. The Wetland Replacement Plan shall be approved, prior to submittal of the final plat. In
addition, if the wetland area in "Outlot A" is drained due to the reconfiguration of the stormwater pond, the
applicant will need to replace any drained area.
5. Parkland Dedication shall be met via: Deferred land dedication with dedication of a 4.0 acre neighborhood park,
as shown on the General Development Plan for this plat. Dedication is to occur when the park site is accessed
via public street or the Park Department wishes to begin development of the site.
6. No parking shall be allowed, at any time, along either side of the entire length of "481h Street SW" and "Scenic
View Drive SW" from 481h Street SW" to "Timberwood Lane SW". No parking fire Iaae signs must be posted
along these roadways consistent with City policies.
7. 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.
Ms. Wiesner moved to recommend approval of Preliminary Plat #01-14 by R & L Partnership to be known as
Scenic Oaks Second Subdivision, with staff -suggested conditions except revising Condition 6 as described by Mr.
Svenby. Ms. Rivas seconded the motion. The motion carried 7-0.
Planning Department Recommendation:
See attached staff report, dated May 4, 2001.
Council Action Needed:
The Council may approve, approve with conditions, or deny the land subdivision permit. The
Council must make findings of fact based on the criteria included in the staff report. A
motion to deny must include supporting reasons for a conclusion that at least one of the
fifteen findings for denial in paragraph 61.225 can be made.
2. The Council should include a motion to adopt findings to support either approval or denial of
the proposed Substantial Land Alteration Activity.
Attachments:
1. Staff Report, dated May 4, 2001.
2. Minutes of the May 9, 2001 CPZC Meeting
Distributions
1. City Administrator
2. City Clerk n
3. City Attorney nW+JN D
4. Planning Department File
5. Planning Department, GIS Division
6. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, June 4, 2001
Rochester I Olmsted County Government Center.
7. GGG Engineering
in the Council Chambers at the
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FROM : Willow Ridge Dev./towel` Penz PHONE NO. : 5072820692 May. 30 2001 09:58AM Pl
_ Su/ B67 1665 P,ua
GGG In c. 17
Engineering Surveying & Planning
14070 Hwy S2 SE Chatfield, MN 55923
phone 647-867-1666
fax 507-867-166g
May 30, 2001
Consolidated Planning & Zoning
Attn: Brent Svenby
2122 Campus Drive SS
Rochester, M`i 55904
RE: Midblock Connection for Secnic Oaks Second Addition
Dear Brent,
1 submitted to Rochester Public Works a preliminary plan and profile drawing along with
grading limits for the proposed midblock connection which was discussed at our meeting on May
20 in the Bubble Room. They have since replied back via email that they will accept the path
were it was located but that it must be constructed during street construction. The main design
requirements shall be a 10' wide bituminous path with 2' shoulders and a grade not to exceed 8%
along any portion of the path.
As requested, this lettef is to verify that the developer prefers this location for a midblock
connection over the other option of splitting Block 1 in half and dedicating a 30' outlet to the
city,
Please feel free to call for further information or comments.
Sincerely,
Mark R. Welch Developer L Ti e
Design Lngineer
Post-Ir Fax Note 7671
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May 23, 2001
Rochester -Olmsted
CONSOLIDATED PLANNING DEPARTMENT
2122 Campus Drive SE
Rochester, MN 55904-7996
REFERENCE: REVISED: Preliminary Plat #01-14 by R&L Partnership to be known as Scenic
Oaks Second Addition.
Dear Ms. Fogarty:
Our review of the referenced preliminary plat is complete and our comments follow:
1. Minor revisions to the proposed water system layout are required. We previously provided
the applicant's engineering firm with these comments.
Please contact us at 507-280-1600 if you have questions.
Very truly yours,
"-JA PPn,S'
Donn Richardson
Water
C: Doug Rovang, RPU
Mike Engle, RPU
Mark Baker, City Public Works
Vance Swisher, Fire Prevention Bureau
FA
Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813
telephone 507-280-1540 facsimile 507-280-1542
t'
"e lMedje, rve deliver
507/280-1579
May 29, 2001
TO: Jennifer Garness, Planning Department
Rochester -Olmsted Planning Department
FROM: Michael J. Engle, Supv, of Distribution Design
Rochester Public Utilities
SUBJECT: Preliminary Plat ##01-14 by R&L Partnership to be known as Scenic Oaks Second
Addition. The plat proposes to subdivide 22.60 acres of land into 35 lots for
residential development and 2 outlots. The plat also proposes right-of-way
dedication for three roadways. The applicant is also requesting approval for a
Substantial Land Alteration permit to allow for changing grades more than 10 feet
in certain areas with the development. The property is located along the south
side of 48a' Street SW and west of Scenic Oaks First Addition.
RPU's Operations Division has reviewed this preliminary plat and would like it noted that a 10'
wide utility easement will be needed along the north property line of Lot 1, Block 1.
Sincerely,
Qn
Michael J. Engle
ks
Rochester Public Utilities, 4000 East River Road NE, Rochester, MN 55906-2813
telephone 507.280.1540 facsimile 507.280.1542 website www.rpu.org
ROCHESTER
Minnedota
TO: Consolidated Planning Department
2122 Campus Drive SE
Rochester, MN 55904
FROM: Michael J. Nigbur
DATE: REVISED 5/29/01
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 foi- reliminary
Plat #01-14,on the Scenic Oaks Second Addition property. The following are Public
Works comments on the proposal from 4/26101. New comments are indicated with
BOLD, while prior comments that have been addressed are shown with
1. Approval of Grading, Drainage & Construction Plans is required for this
development, prior to Final Plat submittal.
2. Stormwater Management for this subdivision will be provided by the
Stormwater facility located on Outlot W, Scenic Oaks First Addition.
3. Outlots 'A' & 'B' of Scenic Oaks Second Addition, as well as, Outlot W of
Scenic Oaks First Addition should be dedicated to the City.
4. Execution of a Development Agreement with the City is required, that outlines
the obligations of the applicant relating to, but not limited to; stormwater
management, park dedication, traffic improvements, pedestrian facilities,
right-of-way dedication, and contributions for public infrastructure.
5. 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.
6. 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. Note: Approval of
Scenic Oaks First Addition required construction of a 10 foot bituminous
pedestrian path along the entire frontage of 48w St SW.
7. Dedication of Controlled Access along 48th St SW is required as shown on
the preliminary plat.
C:\temp1PP01-14 REVISED Scenic Oaks 2nd Additlon.doc
i i to! -
ROCHESTER
/7'/innedota
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
8. A temporary turn -around, and associated easement is required at the
southerly extent of Scenic View Dr SW.
9. Extension of utilities is required to the west and south properties. An
alternative route for sanitary sewer through Outlots A & B, may be
required to serve the property to the west.
10. No parking should be allowed along 48" St SW, and along Scenic View Dr
SW from 481h St SW to Timberwood Ln Dr SW.
12. Preliminary Construction Plan comments will be provided separately to the
Developer's Engineer.
Charges/fees applicable to the development of this property will be addressed in the
Development Agreement, and will include:
to J9266 Airport Water Tower @ $1,298.94 per acre plus 7.5% interest from 3/6/95.
•8 Contribution for First Seal Coat @ $0.45 per square yard of roadway surface.
Traffic Signs as determined by the City of Rochester Traffic Division:
6 Street name Signs
1 Trucks Prohibited Sign
1 Stop Sign
4 No Parking Signs
C:Vemp1PP01-14 REVISED Scenic Oaks 2nd Addltion.doc
'v� ROcn> STER-OLMSTED PLANNING DEPaxI'VIENT as
FaocxES.....
-- IN4
2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 c°,•�ro^
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COUNTY or vmw.olmstedcounty.com/planning moo, 4
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ORA'r :AU CUBT'S 1
TO: City Planning and Zoning Commission
FROM: Theresa Fogarty, Planner
DATE: May 4, 2001
RE: Preliminary Plat #01-14 by R & L Partnership to be known as
Scenic Oak Second Addition. The plat proposes to subdivide
22.60 acres of land into 35 lots for residential development and
two outlots. The plat also proposes right-of-way dedication for
three roadways. The applicant is also requesting approval for a
Substantial Land Alteration permit to allow for changing grades
more than 10 feet in certain areas within the development. The
property is located along the south side of 48th Street SW and
west of Scenic Oaks First Addition.
Planning Department Review:
Applicant/Owner: R & L Partnership
3725 Enterprise Drive SW
Rochester, MN 55902
Surveyors/Engineers: GGG Engineering
14070 Highway 52 SE
Chatfield, MN 55923
Referral Comments: Rochester Public Utilities - Water Division
Rochester Public Utilities — Operations Division
Park and Rec. Department
Rochester Public Works Department
Planning Department - Addressing staff
Rochester Fire Department
Planning Department— Wetlands staff
Report Attachments: 1.
1.
2.
3.
4.
5.
Land Development Manual Excerpts
Referral Comments ( 7 letters)
Copy of Preliminary Plat / Location Map
Greenhaven General Development Plan
Copy of Substantial Land Alteration Map
Memo from GGG Engineering, dated April, 2001
BUILDING CODE 5071285-8213 - GIS/ADDRE5SING/MAPPING 507/285-8232 - HOUSING/HRA 5071285-8224
,....»e-...PLANNINGIZONING 507/285-8232 - WELUSEP71C 507/285-8345
FAX 507/287-2275
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
Page 2 103
Preliminary Plat #01-14
Scenic Oaks Second Subdivision
May 4, 2001
Development Review:
Location of Property: The property is located along the south side of 481h
Street SW and west of Scenic Oaks First Addition.
Zoning: The property is currently zoned R-1 (Mixed Single
Family) district on the City of Rochester Zoning Map.
Proposed Development: This development consists of 22.06 acres of land to be
developed into 35 lots for residential development and
two outlots.
Roadways: This plat proposes to dedicate right-of-way for three
new roadways. The first roadway labeled as "Scenic
View Drive SW" is 60' in width and intersects into the
existing "48th Street SW", to the north. The second
roadway is a cul-de-sac labeled "Timberwood Lane
SW" is 50' wide and intersects from "Scenic View Drive
SW" to the east. The third roadway is also a cul-de-
sac, labeled "Deerwood Lane SW" is 50' wide and
intersects from "Scenic View Drive SW" to the east.
The Planning Department— GIS staff recommend the
following revisions: To avoid duplication of roadway
names, change the name only of "Deerwood Lane
SW". No change is required for the roadway type and
directional.
A temporary turn -around and associated easement is
required at the southerly extent of Scenic Drive SW.
No parking shall be allowed along 48 h Street SW and
along Scenic View Drive SW from 48u' Street SW to
Timberwood Lane Drive SW.
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. As required with
approval of Scenic Oaks First Addition, a 10 foot
bituminous pedestrian path, is required, along the entire
frontage of 48t' Street SW.
Section 64.227 of the Land Development Manual
requires the dedication of trails needed to maintain
connectivity between and through subdivisions under
the following circumstance "Across any block
exceeding 800 feet in length. According to the
proposed preliminary plat, Block 1 exceeds the 800 feet
in length. Therefore, a mid -block connection (30' wide
outlot) is required.
1 O Page 3
Preliminary Plat #01-14
Scenic Oaks Second Subdivision
May 4, 2001
Drainage: This property generally drains to the southeast.
Stormwater Management shall be provided for this
development by the Stormwater facility located on
Outlot "A", Scenic Oaks First Addition.
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. A wetland replacement will be necessary due to
the proposed filling of the wetland corridor to be filled
as part of the road construction.
In addition, if the wetland area in "Outlot A" is drained
due to the reconfiguration of the stormwater pond, the
applicant will need to replace any drained areas.
Outlot A and B shall be dedicated to the City.
Public Utilities: Sanitary sewer and water lines will need to be extended
from their present ends to accommodate this
development to the west and south properties.
The 20' utility easement shown between Lots 20 & 21,
Block 2, labeled as Drainage Easement, shall be
identified as Drainage and Utility Easement.
A utility easement will need to be dedicated along the
north property line of Lot 1, Block 1 and Lots 1-6, Block
2.
An 8" water main must be stubbed to serve the
adjacent property to the west. The required water main
may be located within the right-of-way of 48rh Street SW
(under the bike path or in the ditch area) or between
Lots 1-3, Block 1 within a dedicated 20' easement.
A 20' utility easement is required between Lots 8 & 9
and 18 & 19, Block 2 for a required 8" water main loop
from Deerwood Lane SW cul-de-sac to Timberwood
Lane SW cul-de-sac.
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 42
spillover parking stalls. It appears as though the
additional parking can be accommodated on the
roadways and most likely within private driveways, as
well.
Page 4 •
Preliminary Plat #01-14
Scenic Oaks Second Subdivision
May 4, 2001
Parkland Dedication:
General Development Plan
Substantial Land Alteration:
E
The City Park and Recreation Department
recommends that dedication requirements be met via:
Dedication of the 4.0 acre neighborhood park, as
shown on the General Development Plan. Dedication
is to occur when the park is accessed via street or the
Park Department wishes to begin development of the
park.
This property is included within Greenhaven General
Development Plan, approved in September, 1998.
This application includes a request for approval of land disturbing activities defined as Substantial
Land Alteration according to Section 62.1101, B of the Rochester Zoning Ordinance and Land
Development Manual. This Section is part of the new "excavation ordinance". Section 62.1102 of
the ordinance allows the activity to be exempt from the requirement to submit a separate
conditional use permit application if the cut and fill work is provided during the Plat review and the
Council makes findings established in Section 61.1105.
This development includes a proposal for cut and fill work which involves a grade change of 10-
feet or more from the pre-existing grades for the construction of a roadway and proposed lots
meeting the city's grading standard. The area where grade is proposed to be changed, will occur
on the southern portion of the plat (Lots 10, Block 1, Lots 23, 24, 25, Block 2, and Outlots A and
6). The total amount of fill in the area of the substantial land alteration is 45,000 cubic feet.
The proposed grading does effect wetlands and the applicant is required to obtain a Wetland
Replacement Plan, if there are any wetlands that are being filled as a result of the grading
activities.
Section 61.146, 61.1102 and 62.1105 of the LDM is attached.
Staff Suggested Findings:
If the City Council approves the proposed substantial land alteration, staff recommends
the following findings to Section 61.1105 and 61.146 of the Rochester Zoning Ordinance
and Land Development Manual:
62.1105
1) The activity should not result in danger to life or property. The slopes on the site will be a
maximum of 3:1. The grading and drainage plans will need to comply with City standards and
be approved by the Rochester Public Works Department,
2) The grading plan for this project need to be approved by the Rochester Public Works
Department and it will document the extent of the work. All cut materials will be used to fill in
the low areas. Noise and dust control will need to comply with City standards.
3) The equipment conducting the grading work on the property will also be the equipment utilized
to move the earth. All material will be obtained from on -site or from the current construction
activity taking place on 481h Street, directly to the east of the area, which will minimize the
impact on the surrounding roads.
165
Page 5 /
Preliminary Plat #01-14
Scenic Oaks Second Subdivision
May 4, 2001
4) The proposed excavation work should not affect air quality. The applicant is proposing to fill
an area which is designated as wetlands. The applicant will need to obtain a Wetland
Replace Plan in order to fill the wetlands.
5) The proposed grading work should not adversely affect the scenic quality of Rochester.
There will not be any steep slopes or exposed rock faces. The natural topography of the area
is being regraded to provide adequate slopes for single family dwellings and constructing a
roadway meeting City standards.
6) The result of the proposed activity will be compatible with existing development and
development anticipated in the future. The finished result of the grading work will allow for
development that is consistent with the land use plan.
7) The grading will be confined to the property and should not affect the use and enjoyment of
adjacent properties. The duration of the excavation activity is expected to be completed
during one construction season.
6) The grading will take place during one construction season. There are homes in the
immediate area that will be visually affected by the grading activity for only short periods of
time during the grading process. Noise and dust control will need to comply with City
standards.
9) The grading and drainage will need to provide the property restoration and stabilization in
accordance with the adopted codes for the City of Rochester.
10) The grading and drainage plans will need to be reviewed and approved by the City.
Stormwater management will be required for the development.
11) The area of grading does contain wetlands. A Wetland Replacement Plan will be necessary
for the area that is filled as part of the road construction and grading activity.
12) The grading work is expected to be completed during one construction season. The duration
seems appropriate for this type of activity and the size of the project.
13) The Rochester Public Works Department will need to review and approve the grading and
drainage plan for this work. The plan must accommodate permanent and interim erosion and
sediment control.
14) Surety will need to be provided that guarantees the site will be fully restored after the
completion of the excavation activity. This surety can be provided through the owner -contract
process for this development. If grading is to occur prior to an owner -contract, a separate
surety will need to be provided.
15) The grading and drainage plan will need to be approved by the Rochester Public Works
Department prior to any grading on the property.
The Planning Staff would suggest the following findings for Section 61.146:
1) Not applicable.
2) Not applicable.
3) Not applicable.
Page 6
Preliminary Plat #01-14
Scenic Oaks Second Subdivision
May 4, 2001
4) The Rochester Public Works Department will need to review and approve the grading and
drainage plan for this work. This plan must accommodate permanent and interim erosion and
sediment control.
5) Not applicable.
6) Not applicable.
7) Not applicable
8) Not applicable.
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 i modifications:
1. The Plat shall be revised:
a. Changing the name "Deerwood" Lane SW, avoiding duplication of roadway
names. No change is required for the roadway type and directional.
b, Identifying the 20'utility easement between Lots 20 & 21, Block 2 as a Drainage
and Utility Easement.
c. Dedicating a utility easement along the north property line of Lot 1, Block 1 and
Lots 1-6, Block 2.
d. Identifying an 8" water main to serve the adjacent property to the west. The
required water main may be located within the right-of-way of 48'" Street SW
(under the bike path or In the ditch area) or between Lots 1-3, Block 1 within a
dedicated 20' easement.
e. Dedicating a 20' utility easement between Lots 8 & 9 and Lots f 8 & 19, Block 2
for a required 8" water main loop from Deerwood Lane SW cul-de-sac to
Timberwood Lane SW cul-de-sac.
f. Dedicating a 30' Outlot for the "mid -block connection", consistent with Section
64,227 of the LDM. The 30' Outlot shall be dedicated to the City.
The revisions shall be provided to the Planning Department prior to the Preliminary Plat
being presented to the City Council.
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 A and B shall be dedicated to the City.
3. A temporary turn -around and associated easements is required at the southerly
extent of Scenic Drive SW.
(O V Page 7 • •
Preliminary Plat #01-14
Scenic Oaks Second Subdivision
May 4, 2001
4. A Wetland Replacement Plan shall be completed due to the filling of the wetland
corridor to be filled as part of the road construction. The Wetland Replacement Plan
shall be approved, prior to the submittal of the final plat. In addition, if the wetland
area in "Outlot A" is drained due to the reconfiguration of the stormwater pond, the
applicant will need to replace any drained area.
5. Parkland Dedication shall be met via: Deferred land dedication with dedication of a
4.0 acre neighborhood park, as shown on the General Development Plan for this
plat. Dedication is to occur when the park site is accessed via public street or the
Park Department wishes to begin development of the site.
6. No parking shall be allowed, at anytime, along either side of the entire length of
"48i8 Street SW" and "Scenic View Drive SW" from 48`h Street SIN to "Timberwood
Lane SW'; must be posted.
7. 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.
Reminder to Applicant:
Prior to development, the property owner will need to execute a City I Owner Contract
for construction of all public infrastructure and utilities to serve this subdivision.
This Plat is subject to the Subdivision regulations which became effective May 15,
1999. Approved grading, drainage and construction plans will need to be submitted
with the final plat application, if the applicant intends to record the final plat
documents prior to completion of infrastructure improvements.
f
Page 6 • • ! Q�
Preliminary Plat #01-14
Scenic Oaks Second Subdivision
May 4, 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.
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
' 1 6 Page 9
Preliminary Plat #01-14
Scenic Oaks Second Subdivision
May 4, 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
Page 10 • • I /
Preliminary Plat #01-14
Scenic Oaks Second Subdivision
May 4, 2001
Land Development Manual Excerpts
Substantial Land Alteration
62.1102 Exempt Activities:
1) Except as required for a reclamation plan, which may be imposed on any of the following
activities as part of any required City permit or approval process, the provisions of these
Sections 62.1100 through 62,1113 shall not apply to the following activities:
a) The land area included within 15' or as reasonably defined by the City Engineer to allow soil
stabilization of the identified boundaries of a building submitted for a building footing and
foundation permit.
b) Stormwater management facilities or other public infrastructure approved by the City.
c) Excavations or blasting for wells, tunnels or utilities that have received all necessary
governmental approvals.
d) Refuse disposal sites controlled by other applicable City, State or federal regulations.
e) On -going cemetery (burial) operations.
f) Development activity for which a general development plan, subdivision pemrit or other Type
III approval has resulted in the review of the proposed cut and fill work and for which a
grading permit is required. To qualify for this exemption, the Council shall have made the
findings established in Section 62.1105.
g) Uses in the Central Development Core (CDC) District.
62.1105 Findings Necessary for Issuance of a Conditional Use Permit:
The City shall approve a conditional use permit authorizing an excavation activity only if all of the
following findings with respect to the proposed activity are made, in addition to those listed in
Section 61.146:
1) The activity will not result in a danger to life or property due to (1) steep or unstable
slopes, (2) unsafe access to the property, (3) excessive traffic, or (4) proximity to
existing or planned residential areas, parks and roadways;
2) Visual, noise, dust, and/or excessive on- or off -site environmental impacts on public
parks, roadways and residential areas can be adequately mitigated by the Applicant
and a fully detailed plan is submitted by the Applicant to demonstrate the mitigation
methods to be used, the cost of such mitigation, the source of funds for such
mitigation, and adequate legal assurance that all of such mitigation activities are
carried out;
3) The use of trucks and heavy equipment will not adversely impact the safety and
maintenance of public roads providing access to the site, or such impacts will be
mitigated;
4) The proposed use will not adversely affect air quality or ground water or surface water
quality;
((� Page 11
Preliminary Plat #01-14
Scenic Oaks Second Subdivision
May 4, 2001
5) The proposed use will not adversely affect the scenic quality of Rochester or the natural
landscapes, environment, wildlife and wildlife habitat; or if such effects are anticipated
to occur, the reclamation plan provides for adequate restoration of the site following
completion of the excavation activity;
6) The activity will be compatible with existing development and development
anticipated in the future, including other uses as shown in the Comprehensive Plan,
including but not limited to: patterns of land use, recreational uses, existing or planned
development, public facilities, open space resources and other natural resources;
7) The activity will not unduly affect the use and enjoyment of adjacent properties;
8) The site plan provides for adequate buffers and screening year-round from unsightly
features of the excavation operation;
9) The reclamation plan provides for adequate and appropriate restoration and
stabilization of cut and fill areas;
10) The excavation activity will not result in negative impacts on drainage patterns or
stormwater management facilities;
11) The proposed activity will minimize impacts on sinkholes, wetlands and other natural
features affecting ground water or surface water quality;
12) The intensity and the anticipated duration of the proposed excavation activity is
appropriate for the size and location of the activity;
13) Permanent and interim erosion and sediment control plans have been approved by the
City;
14) Surety has been provided that guarantees the site will be fully restored, after
completion of the excavation activity, to a safe condition, and one that permits reuse
of the site in a manner compatible with the Comprehensive Plan, neighborhood plans,
the Land Use Plan and applicable City policies.
15) The proposed activity complies with the requirements of the adopted building code.
61.146 Standards for Conditional Uses: The zoning administrator, Commission, or Council shall
approve a development permit authorizing a conditional use unless one or more of the following
findings with respect to the proposed development is made:
1) Provisions for vehicular loading, unloading, parking and for vehicular and pedestrian
circulation on the site and onto adjacent public streets and ways will create hazards to safety,
or will impose a significant burden upon public facilities.
2) The intensity, location, operation, or height of proposed buildings and structures will be
detrimental to other private development in the neighborhood or will impose undue burdens
on the sewers, sanitary and storm drains, water or similar public facilities.
3) The provision for on -site bufferyards and landscaping does not provide adequate protection
to neighboring properties from detrimental features of the development.
Page 12 0 • /r3
Preliminary Plat #01-14
Scenic Oaks Second Subdivision
May 4, 2001
4) The site plan fails to provide for the soil erosion and drainage problems that may be created
by the development.
5) The provisions for exterior lighting create undue hazards to motorists traveling on adjacent
public streets or are inadequate for the safety of occupants or users of the site or such
provisions damage the value and diminish the usability of adjacent properties.
6) The proposed development will create undue fire safety hazards by not providing adequate
access to the site, or to the buildings on the site, for emergency vehicles.
7) In cases where a Phase I plan has been approved, there is a substantial change in the Phase II
site plan from the approved Phase I site plan, such that the revised plans will not meet the
standards provided by this paragraph.
8) The proposed conditional use does not comply with all the standards applying to permitted
uses within the underlying zoning district, or with standards specifically applicable to the
type of conditional use under consideration, or with specific ordinance standards dealing
with matters such as signs which are part of the proposed development, and a variance to
allow such deviation has not been secured by the applicant.
61,147 Conditions on Approval: In considering an application for a development permit to allow a
Conditional Use, the designated hearing body shall consider and may impose modifications or
conditions to the extent that such modifications or conditions are necessary to insure compliance
with the criteria of Paragraph 61.146,
14
WETLAND COMMENTS FOR DEVELOPMENT APPLICATIONS
Application Number: -it .
No hydric soils exist on the site based on the Soil Survey
Hydric soils exist on the site according to the Soil Survey. The property
owner is responsible for identifying wetlands on the property and
/ submitting the information as part of this application.
A wetland delineation has been carried out for the property and is on file
with the Planning Department
A wetland delineation is on file with the Planning Department and a No -
loss, Exemption, or Replacement Plan has been submitted to the Planning
Department.
A wetland related application has been approved by the City. This plan
incorporates the approved wetland plan.
No hydric soils exist on the property based on the Soil Survey. However,
due to the location in the landscape the property owner should examine
the site for wetlands. The property owner is responsible for identifying
wetlands.
From John Harford
Wetlands LGU Representative
Iico GGG Inc.
Engineering Surveying & Planning
14070 Hwy 52 SE Chatfield, MN 55923
phone 507-867-1666
fax 507-867-1665
April 11, 2001
Rochester -Olmsted Planning Department
Attn: Brent Svenby
2122 Campus Drive SE
Rochester, MN 55904
RE: Substantial Land Alteration
Dear Mr. Svenby,
Our firm is currently designing the next phase of Scenic Oaks in southwest Rochester. This letter
shall serve as our application for a substantial land alteration, which can run concurrent with the
preliminary platting process. This project falls under Section 62.1102 (f) of the City of
Rochester Zoning Ordinance and Land Development Manual, which refers to the findings,
established in Section 62.1105.
We are requesting the substantial land alteration due to the depth and extreme existing slope of
the land being developed. It is necessary that we cross the valley for future development. In
order to design a road that meets city standards for grade, more than 10 feet of fill is required.
There are also lots near this valley which will require 10 feet of fill to meet city grading plan
standards. The total amount of fill in the area of the substantial land alteration is 45000 cubic
yards.
The following is our comments to the 15 findings in Section 62.1105.
1.) This project is not a danger to life or property since the area of grading isn't developed yet
and there is a large detention pond downstream of any runoff potential, which could leave the
site. In addition, all steep slopes (3:1 max) will be stabilized as required by city standards.
2.) Construction activities and the nuisances associated can be minimized to lessen the effect on
the few residents who have bought homes in Scenic Oaks First Addition which is the only
developed area in close proximity to the area of development.
3.) Public road access will not be compromised since all material will be from onsite or from the
current construction activity taking place on 48`h street directly to the east of the project site.
4.) Construction activities that will take place are common and pose no threat to air or water
quality at the site.
5.) The scenic quality and wildlife in the area will not be affected any more than a common
development.
6.) This development will provide for further development to the south and eventually west as
shown on the Greenhaven General Development Plan. Without this valley crossing-, u
development of the area will not be provided the necessary secondary outlet for em to
vehicles.
;.!L;; APR
I ?nni
q r 2
7.) Adjacent properties are currently residential or agricultural and 111continue to be as such
except for further development of the agricultural property.
8.) The area disturbed will be seeded as soon as grading is completed. This will be completed
during the same year as construction starts.
9.) Reclamation Plan — Not Applicable
10.) The stormwater pond directly downstream of the site will be protected by silt fence and
any other necessary erosion control methods. Should a problem occur, the same developer is
still under contract for the two-year maintenance of that stormwater pond.
11.) Disturbance of the wetland channel running through the site will be minimized.
12.) This site is not much different than any other land development in the Rochester area in
regards to the intensity and anticipate duration of the proposed excavation activity.
13.) An interim grading plan has been approved by the city and a complete grading plan will
be submitted in conjunction with construction plans, which will need to be approved by the
city.
14.) Surety will be provided in the city owner contract, which will guarantee the site, be
developed to city standards.
15.) This construction activity will/does comply with the requirements of the adopted building
code.
If you have any questions or comments, please feel free to call at any time.
Sincerely,
VAUM
Mark R. Welch
Design Engineer
Cc: R & L Partnership
d
APR 1 �nrn
up
Page 4
t (� City Planning and Zoning Commission Minutes
( Vn Hearing Date: May 9, 2001
4
1. Vehicles, equipment and materials
There shall be no outside storage i
2. Stormwater Management must be
apply for any additional imperviot
detention is not provided. 1
stored inside the garage when not in use.
!s, equipment or materials.
and a Stormwater Management fee may
resulting from this project, if onsite
Ms. Wiesner stated that she had worked with the land surveyor on other jobs, but not the
particular plat under discussion.
Mr. Brent Svenby presented the staff report, dated May 4, 2001, to the Commission. The staff
report is on file at the Rochester -Olmsted Planning Department.
Mr. Svenby explained that the applicant spoke with him regarding the location of the mid block
connection. He indicated that the applicant would like to meet with staff and the Park
Department on the location of the pedestrian connection. Therefore, he suggested that the
condition listed in the staff report merely indicate the need for a mid -block connection and not
state exactly where it would be located.
Mr. Svenby asked the applicant if he would submit a revised plat two weeks prior to the Council
meeting.
Mr. Svenby suggested revising Condition Number 6 listed in the staff report to state "No parking
shall be allowed, at any time, along either side of the entire length of "48,h Street SW" and
"Scenic View Drive SW" from 48" Street SW to "Timberwood Lane SW". No parking fire lane
signs must be posted along these roadways consistent with City policies."
The applicant's representative, Mark Welch of GGG Engineering, addressed the Commission.
He asked if parking would be allowed along the west side of Scenic View Drive.
Mr. Svenby responded that parking would not be allowed on both sides. He explained that the
same condition applied to Scenic Oaks First Subdivision.
Mr. Welch stated that there would be a bituminous path along 48a' Street. He explained that it
would be 1000 feet from the path to the last lot. Therefore, he indicated that they wanted to
move the path south of Lot 10.
Ms. Petersson asked Mr. Welch if he was willing to submit a revised plat, prior to the Council
meeting.
n
Page 5
City Planning and Zoning Commission Minutes
Hearing Date: May 9, 2001
Mr. Welch responded yes.
0 11
Discussion ensued regarding where the pedestrian path could be located.
Mr. Welch stated that he would be working with RPU to locate water mains between the two cul-
de-sacs.
With no one else wishing to be heard, Ms. Petersson closed the public hearing.
Ms. Wiesner moved to recommend approval of Preliminary Plat #01-14 by R & L
Partnership to be known as Scenic Oaks Second Addition, including a Substantial Land
Alteration permit, based on staff findings and conditions, except revising Condition 6 as
described by Mr. Svenby. Ms. Rivas seconded the motion. The motion carried 7-0.
CONDITIONS:
1. The Plat shall be revised:
a. Changing the name °Deerwood" Lane SW, avoiding duplication of roadway
names. No change is required for the roadway type and directional.
b. Identifying the 20'utility easement between Lots 20 & 21, Block 2 as a Drainage
and Utility Easement.
c. Dedicating a utility easement along the north property line of Lot 1,Block 1 and
Lots 1-6, Block 2.
d. Identifying an 8" water main to serve the adjacent property to the west. The
required water main may be located within the right-of-way of 48"' Street SW
(under the bike path or the ditch area) or between Lots 1-3, Block 1 within a
dedicated 20' easement. ,
e., Dedicating a 20' utility easement between Lots 8 & 9 and Lots 18 & 1% Block 2
for a required 8" water main loop from Deerwood Lane SW cul-de-sac Ito
Timberwood Lane SW cul-de-sac. '
f. Dedicating a 30' Outlot for the "mid -block connection'; consistent with Section
64.227 of the LDM. The 30' Outlotshall be dedicated to the City.
The revisions shall be provided to the Planning Department prior to the Prelin
Plat being presented to the City Council.
2. Pedestrian facilities are required along both sides of all new public roadwi
Including all outlots and shall be constructed, at Ownek's,expense, col
with this development. Outlots A and B shall be dedicated to the Ciii
3. A temporary turn around and associated easements is required of the sou
extent of Scenic Drive SW.
4. A Wetland Replacement plan shall be completed due to the filling of the w
corridor to be filled as part of the road construction. The Wetland_ Replect
Plan shall be approved, prior to the submittal of the final plat. In addition,
wetland area In "Outlot A" is drained due to the reconfiguration of the stoi
pond, the applicant will need to replace any drained area.
nary
is,
current,
herly
tland
Went
)ab Page 6
1 City Planning and Zoning Commission Minutes
Hearing Date: May 9, 2001
W
Parkland Dedication shall be met via: Deferred land dedication with dedication of
a 4.0 acre neighborhood park, as shown on the General Development Plan for this
plat. Dedication Is to occur when the park site is accessed via public street or the
Park Department wishes to begin development of the site.
6. No parking shall be allowed, at anytime, along either side of the entire length of
"489 Street SW" and "Scenic View Drive SW" from 48th Street SW to "Timberwood
Lane SW". No parking fire lane signs must be posted along these roadways
consistent with City policies. ,
7. 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.
Ms. Mitzi Baker presented the s ff report, dated May 4, 200yrto the Commission. The staff
report is on file at the Rochester- msted Planning Departnt.
Ms. Baker stated that she handed o a revised plat to Xe Commission, dated May 5, 2001,
prior to the meeting. She stated that t requested rVrsions had been made. Therefore, she
explained that staff recommended a) b) AQd c) of Cgilildlition Number 1 could be eliminated.
Ms. Baker stated that she had corresponde?
get confirmation if 1 d) had been addressed.
Number 1 d) as a staff -recommended condit
Public Works, however, she was not able to
ore, she recommended leaving Condition
The applicant, Mr. John Klopp, who resi/attiolaon2
rchard Acres Lane SW, addressed the
Commission. He stated that he was pre s any questions the Commission had. He
further indicated that Dale Al/Associates,
e Schultz ere also available to answer questions.
Mr. Burke asked Mr. Klopp ifwith the staff-sug sted conditions.
Mr. Klopp responded yes.
Mr. Dale Allen, of Yaggy Coladdressed the Com ' sion. He stated that Outlot A
would be 1 outlot and wouldand maintained by the ass iation.
With no one else wishinjfto be heard, Ms. Petersson closed the"public hearing.
Mr. Burke moved to roEommend approval of Preliminary Plat #01-13 by Wynnvrood
Comoanv to be knomfh as Fox Hill with staff -recommended conditions, eliminating_1 a b
REQUEST FOR COUNCIL ACTION
MEETING 4�'
DATE: 06-04-01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO. I
9
3LIC HEARINGS
PLANNING
cnl DESCRIPTION: Preliminary Plat #01-10 by Arcon Development to be known as Boulder
PREPARED BY:
Ridge. The plat proposes to subdivide approximately 52.96 acres into 78 lots for single family
Brent Svenby,
development, 2 lots for a townhouse development and 2 outlots. The Plat also includes the
Planner
dedication of right-of-way for three public roadways. The applicant is also requesting a Design
Modification to the requirements of Chapter 64 of the Rochester Zoning Ordinance and Land
Development Manual to not provide a mid -block pedestrian connection as required in Section
64.227. The applicant is also requesting approval for a Substantial Land Alteration permit to allow
for changing grades more than 10 feet in certain areas within the development. The property is
located along the east side of Bandel Road NW, and allows for the continuation of 251" and 28"
Avenue NW.
May 31, 2001
NOTE: The applicant submitted a REVISED Preliminary Plat addressing the staff suggested modifications stated
in the staff report, dated May 4, 2001. Based on the revised preliminary plat submitted, staff recommends the
removal of condition #1 from the recommended conditions from the CPZC. The conditions to be removed are
shown as stfikeeut. The applicant is also requesting a Design Modification to the requirements of Chapter 64 to
not provide a mid -block pedestrian connection as required in Section 64.227. The applicant is also requesting a
Substantial Land Alteration because of they are proposing to exceed a 10-foot vertical cut in four area and a 10-
foot vertical fill in five areas.
Upon further review of the plat, staff would recommend the following condition:
No parking shall be allowed along Bandel Road NW and on either side of Boulder Ridge Drive NW, from Bandel
4oad to 200 feet east. No parking fire lane signs must be posted along these roadways consistent with City
)olicies.
City Planning and Zoning Commission Recommendation:
The City Planning and Zoning Commission held a public hearing on May 9, 2001 to consider this preliminary plat.
Larry Frank of Arcon Development addressed the Commission. Mr. Frank stated that they were in agreement with the
conditions. Mr. Frank also stated that the providing the mid -block pedestrian connection to Bendel North First Subdivision
was not feasible because of the grades. He also stated that they are reviewing the wetland and will file for a no loss.
The Planning Commission found that this preliminary plat will conform with the applicable criteria with the following
conditions or modifications:
The Prat shall be revised;
Dedicating RGA866 Along the fFGF;tagO Bandel Road NW f0F the 60 foot
a. centFalled entiFe of exGept arsess
h. Te dedicated a 10 feet utility the frontage l3a"Clel Rear, l
easeFneRt along entire of
ra. An 20 fQQt 1138 W the limits the ftem
additional Utility eaSeMORt Shall PFGyided west of pFoperty
Ridge Lane u The applicant is to Install n
requked an
to deteFFRiAe the location Of the BaSeFROnt.
The be to the planning Department the being heard before th
FeViSieRS shall pFovided pFiGF pFelirninaFy plat
city GOUR611:
2. Pedestrian facilities are required along both sides of all new public roadways including along the road
frontage of Outlot A and B. A 10' wide bituminous pedestrian path Is required along Bandel Road.
COUNCIL ACTION: Moron by: second by: to:
Page 2 t�
Preliminary Plat
Boulder Ridge
3. Parkland Dedication shall be met via cash in lieu of land. Outlots A and B shall be dedicated to the City, with ...-
pedestrian path constructed at the Developer's expense, concurrent with construction through the City -Owner
Contract Process. The maximum finished grade for the pedestrian path shall not exceed 10%.
4. The Developer shall enter into a Development Agreement with the City of Rochester that outlines the obligations
of the applicant relating, but not limited to; storm water management; park dedication; traffic improvements;
pedestrian facilities; right of way dedication; turn lanes and contributions for public infrastructure.
5. The applicant shall complete a wetland delineation on the property and obtain the necessary permits for the
wetlands prior to submitting the final plat.
6. If the requirement of providing a mid -block pedestrian connection is not waived by the Council, the plat shall be
revised to provide a mid -block pedestrian connection from Boulder Ridge Drive NW to Outlot C in Bandel North
First.
Ms. Wiesner moved to recommend approval of Preliminary Plat #01-10 and Design Modification by Arcon
Development to be known as Boulder Ridge based on staff findings and conditions, except to eliminate
Conditions 5 and 7 listed on the staff report. Mr. Burke seconded the motion. The motion carried 7.0.
Planning Department Recommendation:
See attached staff report, dated May 31, 2001.
Council Action Needed:
1. The Council may approve, approve with conditions, or deny the land subdivision permit. The
Council must make findings of fact based on the criteria included in the staff report. A
motion to deny must include supporting reasons for a conclusion that at least one of the
fifteen findings for denial in paragraph 61.225 can be made. The resolution should also
include approval or denial of the Design Modification.
2. The Council should include a motion to adopt findings to support either approval or denial of
the proposed Substantial Land Alteration Activity.
Attachments:
1, Revised Staff Report, dated May 31, 2001.
2. Minutes of the May 9, 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, June 4, 2001
Rochester / Olmsted County Government Center.
7. McGhie & Betts, Inc.
in the Council Chambers at the
Preliminary Plat #01-10
Arcon Development
Boulder Ridge
500' Notification Distance
Ward 3 McConnell
05/02/01
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Minnesota
May 17, 2001
Mr. Brent Svenby
Consolidated Planning Department
2122 Campus Dr. S.E.
Rochester, MN 55904
RE: Exemption from Section 62.1101 B, (1) for `Boulder Ridge"
Land Surveying
Dear Mr. Svenby:
Urban - Land Planning
Section 62.1101 of the Rochester Code of Ordinances contains new standards for
Consulting - Civil Engineering Substantial Land Alteration projects. Phase I construction of Boulder Ridge will
result in exceeding a 10-foot vertical cut in four areas and a 10-foot vertical fill in
Geotechnical Engineering five areas highlighted in Exhibit "A". This project meets the definition of Section
Construction Material Testing 62.1101 2.a.l (d) where the cutlfill involves a grade change of 10-feet or more from
the pre-existing grades. Therefore, we are requesting an exemption.
Landscape Architecture
We have four areas of cut greater than 10' and five areas of fill greater than 10' feet.
Refer to Exhibit "A" for the approximate location and number assigned to each area.
The following is an approximate delineation of cubic yards cut and filled in their
respective locations.
Cut #1 involves a IW-20'-foot cut with (See Exhibit `B" for a cross section)
approximately 15,000 cubic yards of excavation in excess of the 10-foot vertical.
Cut # 2 involves a 10'-12' cut with approximately 1,040 cubic yards of excavation in
excess of 10-foot vertical.
Cut # 3 involves a 10'-14' cut with approximately 1,420 cubic yards of excavation in
excess of 10-foot vertical.
Cut # 4 involves a 10'-12' cut with approximately 100 cubic yards of excavation in
excess of 10-foot vertical.
Fill #5 involves a 10'-20' fill with approximately 6,600 cubic yards in excess of 10-
foot vertical.
Fill #6 involves a 10'-12' fill with approximately 640 cubic yards in excess of 10-
foot vertical.
1648 Third Avenue S.E. Fill #7 involves a 10%12' fill with approximately 180 cubic yards in excess of 10-
Rochester, MN 55904 foot vertical.
Tel. 507.289.3919
Fax. 507.289.7333
e-mail. mcghiebetts.com
Established 1946
Fill #8 involves a 10'-12' fill with approximately 110 cubic yards in excess of 10-
foot vertical.
Fill #9 involves a 10'-12' fill with approximately 145 cubic yards in excess of 10-
foot vertical.
Section 62.1101 AA provides for an exemption provided there are sufficient findings
made as contained in Section 62.1105. The following are suggested findings in
support of the request.
62.11051-15
The activity necessary to grade the portions in excess of 10-foot vertical
cut/fill will not result in unstable slopes or unsafe access and is not near
existing residential areas parks or roadways. The street gradients and side
slopes are in accordance with the standards for the City of Rochester. The
work is required to construct the public roadway or properly grade individual
buildings.
2. The grading plan will document the extent of the work. The excess cut and
fills are a very small part of the overall grading plan. The surrounding
properties are also in the process of being developed, therefore, the additional
noise, dust, etc. due to this increased cutifill will have a negligible effect on
the surrounding residential lots.
The equipment used to move the earth is the same type of equipment that will
be utilized to grade all of the roadways in the subdivision. There is not a need
for additional equipment to do the work, therefore, there would not be an
adverse effect on the existing road system to the site.
The additional grading will not adversely effect air quality. The cut/fill is not
near the ground water.
5. The grading will help create the future public roadway, which has been sited
to avoid wooded areas, steep slopes, natural landscapes, and wildlife
corridors.
6. The additional grading (in excess of 10-foot) is compatible with the existing
and future subdivisions in the area and are necessary to construct the public
roadway, ditches and back slopes of the future lots.
Grading is confined to the Boulder Ridge subdivision and not to the adjacent
properties. Therefore, it will not unduly effect the use of adjacent properties.
8. Grading will take place primarily within individual platted lots, with the
exception of #9 along the R.O.W. of Bandel Road N.W. and #3 just north of
the wetland area. All of these slopes will be restored after completion of
grading either by paving or re -seeding.
9. The grading plan will provide for proper restoration and stabilization in
accordance with the codes for the City of Rochester.
10. Grading of these areas are necessary to provide adequate drainage.
11. The area of grading does not contain sinkholes or wetlands and will not affect
the ground water or the subsurface water quality once restoration and
stabilization is completed.
12. The additional time necessary to complete the grading needed for the (nine)
10-foot cut/fill areas will be negligible when compared to the entire project.
13. Permanent and interim (during construction) erosion/sedimentation control is
provided for in the Grading Plan. The City will review and approve this
grading plan.
14. There are numerous permits including the grading approval and NPDS that
require the site to be fully restored to a safe condition. After the site is
graded, as per the approved grading plan, the site will be developed as single-
family homes and townhomes. These uses are compatible with the
Comprehensive Plan, neighborhood plans, and the Land Use Plan and all
applicable City policies.
15. The activity is not associated with the building code. Ordinance 62.1100 and
the standards in the Land Development Manual and on file with Public Works
shall apply to the design standards and construction process.
Yours very truly,
McGhie & Betts, Inc.
4A / M It -It
Kristi L. Clarke, Land Planner
KLC/klc
Pc. Dan Blake
Larry Frank
(� • . E Khib'lt
CUT CROSS SECTION:
SECTION A —A:
SCALE 1" = 40' H
1" = 5' V
: 1125
.,................:.......:........:.......:........................;........... .:.. .r. ..:.
1115
.. EXISTING GRfiDE
:
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1095..:.......:.......:.......:...... ... ....
ROPOSED GRADE
Soso: :............. :....... :........ .... .... .... .... ....
1085 : m . . . . . . .
...
...... 6.......2'0 40 60 80 100 120 140 160 180 200 220 240 260 280
DISTANCE (FT) FROM NORTH TO SOUTH OF X—SECTION LINE
FOR :
ARCON,INC
7625 METRO BLVD.
EDINA, MN
55439
McGhie
Betts, Inca
H. 1'=5
PG.
coal Na X—SECT
0
April 18, 2001
Mr. Brent Svenby
Consolidated Planning Department
2122 Campus Drive S.E.
Rochester, Minnesota 55904
0 t31
R o c h e s t e r RE: Design Modification for Boulder Ridge
M i n n e s o t a
Dear Mr. Svenby,
Land Surveying On behalf of our client, Arcon Development, we are requesting a design
modification for the requirement of a mid -block connection for the Boulder
Ridge Subdivision.
Urban — Land Planning The following reasons are given to support the request for the design
modification:
Consulting — Civil 1. The mid -block connection on the Bandel North First Subdivision was
Engineering completed with a finished elevation of approximately 26.0. The current
private street level of the townhome section of Boulder Ridge is
Geotechnical Engineering proposing a finished elevation at approximately 8.0. Given that the
existing mid -block in Bandel First North and the proposed private road
are only 40 feet apart, this results in a 40% grade change. (Refer to
•Construction Material attached map)
Testing We have redesigned the Boulder Ridge subdivision several times to try
to make the mid -block connection and the building elevations work
Landscape Architecture more smoothly. However, due to the lack of space and the existing
steep slopes on -site, we will be unable to re -grade the site to allow for a
meaningful mid -block connection at this location.
2. The mid -block connection from the north would connect a residential
subdivision on a public street to a higher density use of town homes on a
private street. This connection would not lead to any immediate public
open space.
Very truly yours,
McGhie & Betts, Inc.
�I to
Third Avenue S.E. - ti L. Clarke, Planner
1648 KLC/kic
Rochester, MN 55904
Tel. 507,289.3919 Attachment
Fax. 507.289.7333 Pc. Lary Frank, Arcon Development
m bir in c eh i eb elts-. c um Dan Blake, Centex
Established 1946
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ROCHESTER �33
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DEPARTMENT OF PUBLIC
TO: Consolidated PlanningDepartment p 201 4'" StreetreetSE Room tOB
2122 Campus Drive SE Rochester, MN 55904-3740
07-287-7800
Rochester, MN 55904 5-507-281-6
FAX — 507-261-6216
FROM: Michael J. Nigbur
5/29/01
The Department of Public Works has reviewed the application for the
Preliminary Plat #01-10.on the Boulder Ridge property. The following are Public orks
comments from 5-2-01, New comments are indicated in BOLD, while items from our
prior comments, that have been addressed by the revised plat, are shown with
1. Approval of Grading and Drainage Plans is required for this development,
prior to Final Plat submittal.
2. Execution of a Development Agreement with the City is required, that outlines
the obligations of the applicant relating to, but not limited to; stormwater
management, park dedication, traffic improvements, pedestrian facilities,
right-of-way dedication, and contributions for public infrastructure.
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, a 10 foot
wide bituminous pedestrian path is required along the entire frontage of
Bandel Rd NW.
5. Outlots 'A' & 'B' 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 maximum finished grade for the
pedestrian path shall not exceed 10%.
6. Preliminary Construction Plan comments will be provided separately to the
Developer's Engineer.
l
GMemp1PP01-10 REVISED Boulder Ridge Subd 5-23.doc
M ROCHESTER
Minneeola
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
_hA GR the plat as DRAINAGE 6ASEMIENT-6- If dedic;ated OR
that they will flg! be publiGly maintaiRecl.
10. Public Works staff concurs with the applicant's request to waive the mid -block
connection requirement to Bandel North First.
11. There should be no parking on Boulder Ridge Drive, from Bandel Rd to
200 feet east, and along the entire length of Bandel Rd
Charges/fees applicable to the development of this property will be addressed in the
Development Agreement, and will include:
s• Sewer Availability Charge (SAC) @ $1653.67 per developable acre
•: Water Availability Charge (WAC) @ $1653.67 per developable acre
Sanitary Sewer & Watermain Connection Charge for the Bendel Rd NW frontage
@ $73.13 per foot of frontage.
Stormwater Management @ $2043.01 per developable acre (if on -site detention
is not provided)
•e Substandard Rd / TID
•:• Contribution for First Seal Coat @ $0.45 per square yard of roadway surface.
Traffic Signs as determined by the City of Rochester Traffic Division:
1 Stop Sign
1 Trucks Prohibited Sign
8 Street Name Sign
12 No Parking Signs
C:ltemp\PP01-10 REVISED Boulder Ridge Subd 5-23.doc
hod 0 0
.w.."2MCA= ROCHESTER
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: May 24, 2001
TO: Jennifer Garness, Planning
FROM: Lyle Felsch, Deputy Chief
SUBJECT: Revised Preliminary Plat #01-10 Boulder Ridge, located on the east side
of Bandel Road NW, and the continuation of 25th and 28th Avenue NW.
With regard to the above noted preliminary plat, the fire department has the following
requirements:
1. 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. Hydrants shall be in place prior to commencing building construction.
NOTE: This plan does not show sufficient hydrants for this project. No hydrant
locations were noted along the length of Boulder Ridge Drive NW or in the cul-de-
sac of Boulder Ridge Lane NW.
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.
3. All street directional and fire lane signs must be in place prior to occupancy of any
residential buildings.
4. All buildings are required to display the proper street address number on the
building front, which is plainly visible and legible from the street fronting the
property. Number size must be a minimum 4" high on contrasting background when
located on the building and 3" high if located on a rural mail box at the public road
fronting the property. Reflective numbers are recommended.
c: Donn Richardson, RPU, Water Division
Arcon Development, 7625 Metro Blvd, Suite 350, Edina, MN 55439
McGhie & Betts, 1648 3rd Ave. SE, Rochester, Mn. 55904
►.
1 3(0 •
Rochester -Olmsted Planning Department
GISIAddressing Division
2122 Campus Drive SE
Rochester, MN 55904-4744
Phone: (507)285-8232
Fax: (507)287-2275
PLAT REFERRAL RESPONSE
DATE: May 23, 2001
TO: Jennifer Garness
FROM: Planning Dept. Addressing Staff
CC:
RE: BOULDER RIDGE (PRELIMINARY PLAT #01-10
SECOND REVISION)
A review of the preliminary plat has turned up the following ADDRESS and ROADWAY related
issues.
1. BANDEL RD NW not illustrated within plat.
RECOMMENDATION: Label the roadway as BANDEL RD NW.
2. Upon review of BOULDER RIDGE REVISED PRELIMINARY PLAT the GIS / Addressing
staff needs to emphasize that the official designation of all public and/or private roadways must have
approval of the GIS/E911 Addressing Staff. This is extremely important with this development due
to the number of private roadways.
3. In addition to the designation of the private roadways, supplementary Address Signage and the
incurred costs will be required to eliminate complicated or confusing addressing situations. This
signage must also be coordinated with the GIS/ E-911 Addressing Staff in cooperation with the
Rochester Fire Department. This signage will be determined at the time of address review.
rpu
we pledje, we deliver
April 24, 2001
Rochester -Olmsted
CONSOLIDATED PLANNING DEPARTMENT
2122 Campus Drive SE
Rochester, MN 55904-7996
REFERENCE: SECOND REVISION: Preliminary Plat 401-10 by Arcon Development to be
known as Boulder Ridge.
Dear Mr. Svenby:
Our review of the referenced preliminary plat is complete and our comments follow:
The easements and the water system layout within the townhome areas (Lot 1, Block 1 & Lot
1, Block 2) need to be revised. Slight alignment revisions to the layout in this area are
required which have not been addressed.
2. Other revisions to the proposed water system layout are required. We previously provided the
applicant's engineering firm with these comments.
Please contact us at 507-280-1600 if you have questions.
Very truly yours,
0644A R14-1
Donn Richardson
Water
C: Doug Rovang, RPU
Mike Engle, RPU
Mark Baker, City Public Works
Vance Swisher, Fire Prevention Bureau
13007
Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813
telephone 507-280-1540 facsimile 507-280-1542
0.0CHESTE
Iss ROCHESTER-OLMSTED PLANNING DEPARTMENT r Off. q'A//NM1FP
2122 Campus Drive SE, Suite 100 - Rochester, MN 55904.4744
CO U NTT OF www,olmstedcounty.com/planning �'•,
o•.
GRA T!•: D:A U GUS�'S
City Planning and Zoning Commission
FROM: Brent Svenby, Planner
DATE: May 31, 2001 (added SLA request)
RE: Preliminary Plat #01- 10 by Arcon Development to be known as
Boulder Ridge. The plat proposes to subdivide approximately
52.96 acres into 76 lots for single family development, 2 lots for a
townhouse development and 2 oultots. The Plat also includes the
dedication of right-of-way for three public roadways. The property
is located along the east side of Bandel Road NW, and allows for
the continuation of 25th and 28th Avenue NW.
Planning Department Review:
ApplicantlOwner: Arcon Development
7625 Metro Blvd. Suite 350
Edina, MN 55439
Surveyors/Engineers: McGhie & Betts, Inc.
1648 Third Avenue SE
Rochester, MN 55904
Referral Comments: RPU Water Division
RPU Operations Division
Park and Rec. Department
Rochester Public Works Department
Planning Department —Wetlands
Rochester Fire Department
Planning Department — GIS Addressing
Report Attachments: 1. Land Development Manual Excerpts
2. Referral Comments (7 letters)
3. Location Map
4. Copy of Preliminary Plat
5. Copy of the Amended Boulder Ridge GDP
6. Design Modification Request Letter
7. SLA Request letter
8. SLA Map
Development Review:
Location of Property: The property is located along the east side of Bendel
Road and allows the continuation of 251h Ave. NW.
Bandel Hills Third and Seventh subdivisions and the
BUILDING CODE 507/285-8213 - GIS/ADDRESSINGIMAPPING 507/285-8232 - HOUSINGIHRA 507/285-8224
PLANNING20NING 507/285-8232 - WELUSEPTIC 507/285-8345
FAX 5071287-2275
P AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
Page 2
o
Preliminary Plat #01-10
f
Boulder Ridge
May 31, 2001
Harvest View Baptist Church are located to the south.
Zoning:
Lot 1, Block 1 and Lot 1, Block 2 is zoned R-2 Low
Density Residential) district on the City of Rochester
Zoning Map. The remainder of the property is zoned R-
1 (Mixed Single Family) on the zoning map.
Proposed Development:
This development consists of 52.96 acres of land to be
subdivided into 76 lots for single family development.
Lot 1, Block 1 and Lot 1, Block 2 will be developed with
townhomes. Two outlots are shown on the plat. These
outlots will provide pedestrian connections.
Roadways:
This plat proposes to dedicate right-of-way for one
existing roadway and four new roadways.
The first roadway labeled "Boulder Ridge Drive NW" is
designed with 60' right-of-way with a 36' wide driving
surface. This roadway provides a connection from
Bandel Road NW all the way through the subdivision.
When the roadway Intersects with "251h Avenue NW"
the roadway name changes to "Boulder Ridge Lane
NW".
The second roadway labeled "28"Avenue NW" is
designed with 60' right-of-way with a 36' wide driving
surface. The roadway continues to the north into the
Bandel North First Subdivision.
The third roadway labeled "Granite Drive NW" will
continue southerly then northeasterly in future
development of the property. The roadway is designed
with a 60' right-of-way with a 36' wide driving surface.
The fourth roadway is "25`" Avenue NW" which
connects with the existing 25t° Avenue NW. The
roadway is designed with 66' of right-of-way with a
driving surface of 40 feet.
The plat also dedicates right-of-way for Bandel Road
NW.
Pedestrian Facilities: In accordance with current City policy pedestrian
facilities are required for this development along both
sides of all new public roads including along the road
frontage of Outlot A and B. A 10' wide bituminous
pedestrian path will also be required along the east side
of Bandel Road NW. Mid -block pedestrian connections
(outlot A and B) are also being provided. A condition of
approval on the GDP requires the applicant to provide a
pedestrian connection from Boulder Ridge Drive to
Outlot C in Bandel North First Subdivision. The
applicant has requested a design modification not to
provide the connection based on slopes.
Page 3
Preliminary Plat #01-10
Boulder Ridge
May 31, 2001
Drainage: The elevations of this property range from 1090' in the
northeast corner of the plat to approximately 1120' in
the center of the plat. The property falls to 1080' in the
southwest corner.
Grading and drainage plans will need to be approved by
the City Public Works Department prior to the submittal
of the final plat.
Storm water management will be required for this
development.
Wetlands: Minnesota Statutes now requires that all developments
be reviewed for the presence of wetlands or hydric
soils. Wetlands are indicated on the plat. The
applicant will need to complete a wetland delineation for
the property and obtain the necessary permits from the
Local Government Unit.
Public Utilities: Sanitary sewer and water lines will need to be extended
from their present ends to accommodate this
development. An additional 20' utility easement and an
8" water main stub out will be required to be installed
from the Boulder Ridge Lane NW cul-de-sac west to
the plat limits to provide service to the Harvest View
Baptist Church property. Coordination with the Church
is needed to determine which lot line they prefer this
stub out be placed.
The plan does not show sufficient fire hydrants for this
development. Coordination with the Fire Department is
needed to determine the location of the fire hydrants.
Construction plans will need to be approved prior to
submittal of the final plat.
Spillover Parking: As per Section 63.426 of the LDM, all residential
development must provide spillover parking for service
vehicles and visitors. This development requires 91
spillover parking stalls. It appears as though the
additional parking can be accommodated on the
roadways and most likely within private driveways, as
well.
Spill -over parking for the townhome development will
be reviewed with the performance residential
development site plan.
Parkland Dedication: The City Park and Recreation Department
recommends that dedication requirements be met via:
cash in lieu of land. Payment is due prior to the
recording of the final plat documents.
Outlots A & B will be dedicated to the City for
Page 4
Preliminary Plat #01-10
Boulder Ridge
May 31, 2001
pedestrian links. The applicant will be required to
grade, establish turf and install the sidewalks prior to
deeding to the City.
General Development Plan: This property is included within the Boulder Ridge
General Development Plan (GDP). A Type I
amendment to the GDP has been approved and this
preliminary plat is consistent with that GDP.
Design Modification:
The applicant is also requesting a design modification to the requirement of Chapter 64
(specifically 64.227) of the Rochester Zoning Ordinance and Land Development Manual. Section
64.227 requires mid -block pedestrian connections across any block exceeding 800 feet in length.
Section 64.227 Trail Thoroughfares and Sidewalks:
Trail thoroughfares and sidewalks are a vital element of the City's transportation system --
providing access throughout the City for pedestrians and bicyclists, reducing traffic
congestion, facilitating access to the transit system, and reducing emissions from
automobiles. Unless otherwise exempted by these regulations, all new development shall
provide sidewalk and trail thoroughfare improvements that are consistent with the City's
adopted Thoroughfare and Sidewalk, Bike Path and Pedestrian Facilities Plan.
A. In addition to trails designated in the City's adopted Plans, the City shall require
dedication of trails needed to maintain connectivity between and through
subdivisions under each of the following circumstances, except where unique
topographical conditions make the trails unfeasible:
1. Across any block exceeding 800 feet in length;
2. Between lots on a cul-de-sac or dead end street that abut a collector or arterial
road. No more than one trail shall be required per cul-de-sac; or
3. Across any block exceeding 600 feet in length which abuts a school or park site.
The subdivision to the north, Bendel North First, provides an outlot for a mid -block pedestrian
connection to this property as required by the Zoning Ordinance and Land Development Manual.
The connection would be through the townhome development on the property. A condition of
approval placed on the General Development Plan requires that the developer provide a public
pedestrian connection from Boulder Ridge Drive NW to Outlot C in Bendel North First if required
by the City at the time of development. The applicant's consultant has stated that the finished
elevation of the connection in Bandel North First and that of the proposed roadways for the
townhomes results in a 40% grade change. The City Public Works Department has stated that
the mid -block connection to Bendel North First should be waived based on the proposed grades.
The Commission and council should be discuss this pedestrian connection and decide if it
should be provided. There could possibly be a way to redesign the layout of the townhomes to
make the connection work.
Please see the attached excerpts from the LDM which outline the Design Modification provisions.
lq�L Page 5
Preliminary Plat #01-10
Boulder Ridge
May 31, 2001
Substantial Land Alteration
The applicant is also requesting approval of land disturbing activities defined as Substantial Land
Alteration according to Section 62.1101, B of the Rochester Zoning Ordinance and Land
Development Manual. Section 62.1102 of the LDM allows the City to consider a request for
excavation or substantial land alternation as part of a Type III application, such as a final plat,
subject to making findings established in Sections 62.1105 and 61.146 of the LDM.
This development includes a proposal for cut and fill work which involves a grade change of
10-feet or more from the pre-existing grades. The attached map labeled SLA Map identifies
the areas on the site where the existing grades are proposed to be altered by 10-foot or more.
This includes four areas of a cut greater than 10 feet and five areas of fill greater than 10 feet.
The attached letter from Kristi Clarke of McGhie and Betts, Inc. has identified the location
were the SLA is taking place.
Sections 61,146, 62.1102 and 62.1105 of the LDM are attached.
Staff Suggested Findings:
If the City Council approves the proposed substantial land alternation, staff recommends
the following findings to Sections 62.1105 and 61.146 of the Rochester Zoning Ordinance &
Land Development Manual:
62.1105
1) The activity should not result in danger to life or property. The slopes will be designed with a
maximum slope of 3:1. The grading and drainage plans will need to comply with City
standards and be approved by the Rochester Public Works Department.
2) The grading and drainage plan for this project needs to be approved by the Rochester Public
Works Department and it will document the extent of the work. All materials will be used to fill
in the low areas of the site. Noise and dust control will need to comply with City standards.
3) The equipment conducting the grading work on the property will also be the equipment utilized
in grading the roadways in the subdivision. All excess material will be used on the site or on
the adjacent property so no additional trucks will be necessary for the excavation work.
4) The proposed excavation work should not affect air quality or ground and surface water
quality.
5) The proposed grading work should not adversely affect the scenic quality of Rochester.
There will not be any steep slopes or exposed rock faces. The natural topography of the area
will be re -graded to provide adequate slopes for dwellings, roads and drainage.
6) The result of the proposed activity will be compatible with existing development and
development anticipated in the future. The finished result of the grading work will allow for
development that is consistent with the land use plan.
7) The grading will be confined to the property and should not affect the use and enjoyment of
adjacent properties. The duration of the excavation activity is expected to be completed this
year.
Page 6 N3
Preliminary Plat #01-10
Boulder Ridge
May 31, 2001
8) The grading activity will only take place during the construction of the roadways and buildings
pads that are planned for the site. The grading is expected to be completed this year.
9) The grading and drainage plan will need to provide the proper restoration and stabilization in
accordance with the adopted codes for the City of Rochester.
10) The grading and drainage plans will need to be reviewed and approved by the City.
Stormwater management will be provided for the development. The grading of these areas
will help provide the adequate drainage for the property.
11) The areas of grading does not contain sinkholes or wetlands and should not effect the ground
water or surface quality once restoration and stabilization is completed.
12) The grading work is expected to be completed during the first phase of development, which
should be completed this year. The duration seems appropriate for this type of activity and
the size of the project.
13) The Rochester Public Works Department will need to review and approve the grading and
drainage plan for this work. This plan must accommodate permanent and interim erosion and
sediment control.
14) Surety will need to be provided that guarantees the site will be fully restored after the
completion of the excavation activity. This surety can be provided through the owner contract
process for this development. If grading is to happen prior to the Owner Contract, a separate
means of surety will need to be provided.
15) The grading and drainage plan will need to be approved by the Rochester Public Works
Department prior to any grading on the property.
The Planning Staff would suggest the following findings for Section 61.146:
1) Not applicable
2) Not applicable
3) Not applicable
4) The Rochester Public Works Department will need to review and approve the grading and
drainage plan for this work. This plan must accommodate permanent and interim erosion and
sediment control.
5) Not applicable
6) Not applicable
7) Not applicable
8) Not applicable
ill4q
Page 7
Preliminary Plat #01-10
Boulder Ridge
May 31, 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. If the
CPZC wishes to forward this preliminary plat to the City Council at this time, staff recommends the
following conditions I modifications:
1. The Plat shall be revised:
a. Dedicating controlled access along the entire frontage of Bandel Road NW
except for the 60-foot access opening for Boulder Ridge Drive NW.
b. To dedicated a 10-foot utility easement along the entire frontage of Bandel Road
NW.
c. An additional 20-foot utility easement shall be provided to the west limits of the
property from "Boulder Ridge Lane NW". The applicant is required to install an
8" water main stub to the Harvest View Baptist Church property. Coordination
between the applicant, the Church and the RPU Water Division Is needed to
determine the location of the easement.
The revisions shall be provided to the Planning Department prior the preliminary
plat being heard before the City Council.
2. Pedestrian facilities are required along both sides of all new public roadways
including along the road frontage of Outlet A and B. A 10' wide bituminous
pedestrian path is required along Bandel Road.
3. Parkland Dedication shall be met via cash in lieu of land. Outlets A and B shall be
dedicated to the City, with the pedestrian path constructed at the Developer's
expense, concurrent with construction through the City -Owner Contract Process.
The maximum finished grade for the pedestrian path shall not exceed 10%.
4. The Developer shall enter into a Development Agreement with the City of Rochester
that outlines the obligations of the applicant relating, but not limited to; storm water
management; park dedication; traffic improvements; pedestrian facilities; right of
way dedication; turn lanes and contributions for public infrastructure.
6. The applicant shall complete a wetland delineation on the property and obtain the
necessary permits for the wetlands prior to submitting the final plat.
Page B
Preliminary Plat #01-10
Boulder Ridge
May 31, 2001
7 The-ease^:e^tg-apA^ •.ester -system tayeat wit#iR the tOWRheme afea may aeedte be
revise rmaRse_Resld^^t�„z,al Development
ilap-
8. If the requirement of providing a mid -block pedestrian connection is not waived by
the Council, the plat shall be revised to provide a mid -block pedestrian connection
from Boulder Ridge Drive NW to Outlot C in Bandel North First.
Reminder to Applicant:
Prior to development, the property owner will need to execute a City l 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.
1K,
'14/
Page 9
Preliminary Plat #01-10
Boulder Ridge
May 31, 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.
Page 10
Preliminary Plat #01-10
Boulder Ridge
May 31, 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.
0. That any land located within Zone A as shown as on the currently adopted Flood Boundary
and Floodway Maps of the Flood Insurance Study, Rochester, Minnesota prepared by the
Federal Emergency Management Agency, is -determined to be suitable for its intended use
and that the proposed subdivision adequately mitigates the risks of Flooding, inadequate
drainage, soil and rock formations with severe limitation for development, severe erosion
potential or any other floodplain related risks to the health, safety or welfare of the future
residents of the proposed subdivision in a manner consistent with this ordinance.
61.226 Conditions on Approvals:
In considering an application for development permit to allow a land subdivision, the approving
body shall consider and may impose modification or conditions to the extent that such
modifications or conditions are necessary to insure compliance with the criteria of Section 61.225.
Effective May 15, 1999
60.420 DESIGN MODIFICATIONS:
It is the intent of this ordinance to recognize that in certain instances it may be in the
public interest to provide an expedient method to modify the site design and public
facility standards of this ordinance as applied to certain types of development.
60.421 Purpose: The purpose of the design modification is to permit relief from the strict
application of ordinance standards where there is no defined hardship, the proposed
modifications will not result in identifiable loss of protection to adjacent properties, or
where the proposed development results in an improved design solution to a site design
problem and in doing so, still meets the intent of the site design or public facility
standards. Guidelines are provided for the approval authority to assess the Impact of
the proposed design modification.
This ordinance also provides for certain types of development identified as incentive
development and restricted development which, though not consistent with normal
zoning district standards, will be permitted in certain instances. These developments
are supported by the Land Use Plan, but may necessitate relaxation of certain design
standards in order to meet site constraints. Design modifications will be considered as
part of the normal review of these developments, subject to standards established in
this section.
60.422 Review of Design Modifications: Design modifications will be processed through
either the Type I or Type II review procedures, according to the guidelines established
in this section. Where a design modification request accompanies a permit or
certificate request that requires processing through a Type III review procedure, the
Page 11
Preliminary Plat #01-10
Boulder Ridge
May 31, 2001
request shall be considered by the Commission and Council as part of the Type III
review.
60.423 Guidelines for Approval: The following paragraphs identify specific policies or
standards for each type of design modification permitted by the Ordinance. The
approval authority shall consider these policies or standards in making the findings to
approve or deny a request for a design modification. In addition, the following
standards shall apply to all requests for Type II Design Modifications:
1) The burden shall be upon the applicant to show the design solution will result in an
improved use of land while preserving the purposes for which the original regulation
was enacted.
2) Any such modification shall consider the relationship of the development to its
surroundings and shall avoid creating any adverse effects due to noise, traffic
circulation, building height or bulk or lack of screening.
60.424 Specific Policies: The following paragraphs contain the guidelines applicable to
specific types of design modifications which shall be considered by the approval
authority.
9) Public Facility Standards:
a) Modification to the requirements of Chapter 64 may be approved as part of the
review of any General Development Plan, land subdivision permit or final plat
where the applicant can show by reason of exceptional topography or any other
physical condition that strict compliance with these regulations would cause
undue hardship or that such relief would not be a detriment to the public welfare
and would not impair the intent and purpose of the regulations.
62.1102 Exempt Activities:
1) Except as required for a reclamation plan, which may be imposed on any of the
following activities as part of any required City permit or approval process, the
provisions of these Sections 62.1100 through 62.1113 shall not apply to the following
activities:
a) The land area included within 15' or as reasonably defined by the City Engineer to
allow soil stabilization of the identified boundaries of a building submitted for a
building footing and foundation permit.
b) Stormwater management facilities or other public infrastructure approved by the City.
c) Excavations or blasting for wells, tunnels or utilities that have received all necessary
governmental approvals.
d) Refuse disposal sites controlled by other applicable City, State or federal regulations.
e) On -going cemetery (burial) operations.
Page 12
Preliminary Plat #01-10
Boulder Ridge
May 31, 2001
f) Development activity for which a general development plan, subdivision permit or
other Type III approval has resulted in the review of the proposed cut and fill work and
for which a grading permit is required. To qualify for this exemption, the Council shall
have made the findings established in Section 62.1105.
g) Uses in the Central Development Core (CDC) District.
62.1105 Findings Necessary for Issuance of a Conditional Use Permit:
The City shall approve a conditional use permit authorizing an excavation activity only if all
of the following findings with respect to the proposed activity are made, in addition to
those listed in Section 61.145:
1) The activity will not result in a danger to life or property due to (1) steep or
unstable slopes, (2) unsafe access to the property, (3) excessive traffic, or (4)
proximity to existing or planned residential areas, parks and roadways;
2) Visual, noise, dust, and/or excessive on- or off -site environmental impacts on
public parks, roadways and residential areas can be adequately mitigated by
the Applicant and a fully detailed plan is submitted by the Applicant to
demonstrate the mitigation methods to be used, the cost of such mitigation,
the source of funds for such mitigation, and adequate legal assurance that all
of such mitigation activities are carried out;
3) The use of trucks and heavy equipment will not adversely impact the safety and
maintenance of public roads providing access to the site, or such impacts will
be mitigated;
4) The proposed use will not adversely affect air quality or ground water or surface
water quality;
5) The proposed use will not adversely affect the scenic quality of Rochester or the
natural landscapes, environment, wildlife and wildlife habitat; or if such effects
are anticipated to occur, the reclamation plan provides for adequate restoration
of the site following completion of the excavation activity;
6) The activity will be compatible with existing development and development
anticipated in the future, including other uses as shown in the Comprehensive
Plan, including but not limited to: patterns of land use, recreational uses,
existing or planned development, public facilities, open space resources and
other natural resources;
7) The activity will not unduly affect the use and enjoyment of adjacent
properties;
6) The site plan provides for adequate buffers and screening year-round from
unsightly features of the excavation operation;
9) The reclamation plan provides for adequate and appropriate restoration and
stabilization of cut and fill areas;
('Go
/
/ Page 13
Preliminary Plat #01-10
Boulder Ridge
May 31, 2001
10) The excavation activity will not result in negative impacts on drainage
patterns or stormwater management facilities;
11) The proposed activity will minimize impacts on sinkholes, wetlands and other
natural features affecting ground water or surface water quality;
12) The intensity and the anticipated duration of the proposed excavation activity is
appropriate for the size and location of the activity;
13) Permanent and interim erosion and sediment control plans have been
approved by the City;
14) Surety has been provided that guarantees the site will be fully restored, after
completion of the excavation activity, to a safe condition, and one that permits
reuse of the site in a manner compatible with the Comprehensive Plan,
neighborhood plans, the Land Use Plan and applicable City policies.
15) The proposed activity complies with the requirements of the adopted building
code.
61.146 Standards for Conditional Uses: The zoning administrator, Commission, or Council
shall approve a development permit authorizing a conditional use unless one or more of
the following findings with respect to the proposed development is made:
1) Provisions for vehicular loading, unloading, parking and for vehicular and pedestrian
circulation on the site and onto adjacent public streets and ways will create hazards
to safety, or will impose a significant burden upon public facilities.
2) The intensity, location, operation, or height of proposed buildings and structures will
be detrimental to other private development in the neighborhood or will impose
undue burdens on the sewers, sanitary and storm drains, water or similar public
facilities.
3) The provision for on -site bufferyards and landscaping does not provide adequate
protection to neighboring properties from detrimental features of the development.
4) The site plan fails to provide for the soil erosion and drainage problems that may be
created by the development.
5) The provisions for exterior lighting create undue hazards to motorists traveling on
adjacent public streets or are inadequate for the safety of occupants or users of the
site or such provisions damage the value and diminish the usability of adjacent
properties.
6) The proposed development will create undue fire safety hazards by not providing
adequate access to the site, or to the buildings on the site, for emergency vehicles.
7) In cases where a Phase I plan has been approved, there is a substantial change in
the Phase II site plan from the approved Phase I site plan, such that the revised
plans will not meet the standards provided by this paragraph.
8) The proposed conditional use does not comply with all the standards applying to
permitted uses within the underlying zoning district, or with standards specifically
Page 14
Preliminary Plat #01-10
Boulder Ridge
May 31, 2001
applicable to the type of conditional use under consideration, or with specific
ordinance standards dealing with matters such as signs which are part of the
proposed development, and a variance to allow such deviation has not been
secured by the applicant.
61.147 Conditions on Approval: In considering an application for a development permit to
allow a Conditional Use, the designated hearing body shall consider and may impose
modifications or conditions to the extent that such modifications or conditions are
necessary to insure compliance with the criteria of Paragraph 61.146.
j 1, �,
park &
recreation
ROCHESTER PARK AND CREATION DEPARTMENT
201 FOURTH STREET SE
ROCHESTER MINNESOTA 55904-3769
TELE 507-281-6160
FAX 507-281-6165
MEMORANDUM
DATE: April 23, 2001
TO: Jennifer Garness
Planning
RE: Preliminary#01-10
Boulder Ridge (REVISED 407101)
Acreageof plat..........................................................
Number of dwelling units .............................................
Dwelling unit density ...................................................
Density factor............................................................
Dedication...............................................................
Fair market value of land .............................................
52.96 a
216 units
4.08 units/a
.0244
5.27 acres
$15,000 / acre
The Park and Recreation Department recommends that dedication requirements
be met via:
Cash in lieu of land with payment due prior to recordation of the final plat.
Assuming that Outlots A & B are to public,the applicant should be required to
grade,establish turf and install the sidewalks prior to deeding to the City.
APPLICANT:
Aroon Development
7625 Metro Bvld, Ste 350
Edna, MN 55439
0:\DSTOTZ\2001\DE➢ICATION\NW 2698\BOULDER RIDGE.DOC
rpu
e pledge, we deliver
507/280-1579
April 24, 2001
TO: Jennifer Gayness, Planning Department
Rochester -Olmsted Planning Department
FROM: Michael J. Engle, Supv. of Distribution Design
Rochester Public Utilities
0 I53
SUBJECT: REVISED Preliminary Plat #01-10 by Arcon Development to be known as
Boulder Ridge. The plat proposes to subdivide approximately 52.96 acres into 78
lots for single family development, 2 lots for a townhouse development and 2
outlots. The plat also includes the dedication of right-of-way for three public
roadways. The applicant is also requesting a Design Modification to the
requirements of Chapter 64 of the Rochester Zoning Ordinance and Land
Development Manual to not provide a mid -block pedestrian connection as
required in Section 64.227. The property is located along the east side of Bandel
Road NW, and allows
RPU's Operations Division has reviewed this revised preliminary plat and although it is outside
our service area at this time, we do intend to serve the total area in the future. We would also
like it noted that a 1 Oft. utility easement will be needed along the entire Bandel Road frontage.
Sincerely,
Michael J. Engle
ks
Rochester Public Utilities, 4000 East River Road NE, Rochester, MN 55906-2813
telephone 507.280.1540 facsimile 507.280.1542 website www.rpu.org
WETLAND COMMENTS FOR DEVELOPMENT APPLICATIONS
Application Number: ��Y UIC� -tol—ILA Q—jV'
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
All l�-~G
f
MINUTES OF THE
CITY OF ROCHESTER PLANNING COMMISSION
2122 CAMPUS DRIVE SE — SUITE 100
ROCHESTER MN 55904
Minutes of the regularly scheduled meeting of the City Planning and Zoning Commission held
on Wednesday, May 9, 2001, at 7:00 p.m, in the Council/Board Chambers of the Government
Center, 151 4th Street SE, Rochester, MN.
Members Present: Ms. Mary Petersson, Chair; Mr. Ardell Brede; Ms. Lisa Wiesner; Ms. Leslie
Rivas; Mr. Paul Ohly; Mr. Michael Quinn; and Mr. James Burke
Members Absent: Mr. Randy Staver, Vice Chair and Mr. John Hodgson
Staff Present: Ms. Jennifer Garness; Ms. Mitzi Baker; and Mr. Brent Svenby
Other City Staff Present: None
ADMINISTRATIVE BUSINESS:
Ms. Wiesner made a motion to approve the minutes of April 25, 2001, as
written. Mr. Burke seconded the motion. The minutes from April 25, 2001
were approved unanimously.
Ms. Wiesner made a motion to approve the agenda, as written. Mr. Burke
seconded the motion. The motion carried unanimously.
CONTINUED ITEMS:
Mr. Brent Svenby presented the staff report, dated May 4, 2001, to the Commission. The staff
report is on file at the Rochester -Olmsted Planning Department.
Mr. Svenby explained that the item was before the Commission at the first meeting in May and
that the applicant asked to continue the item, since the proposed preliminary plat was not
consistent with the approved general development plan. Since that time, the general
development plan has been amended to be consistent with the preliminary plat.
Mr. Svenby explained that Conditions 5 and 7 could be stricken from the conditions listed in the
staff report, relating to construction issues.
Mr. Svenby stated that the applicant indicated that they are willing to submit a revised plat, prior
to the Council meeting.
Paget 0 4r
City Planning and Zoning Commission Minutes
Hearing Date: May 9, 2001
Mr. Burke asked what the purpose was to have a pedestrian path in Bandel North First.
Mr. Svenby explained that the Outlot provides a pedestrian connection. He explained that the
Outlot in Bendel North First could possibly be subdivided and attached to the adjacent lots.
Discussion ensued regarding pedestrian facilities.
Discussion ensued regarding the reason for the water stub at the end of the cul-de-sac.
The applicant's representative, Larry Frank of Arcon Development, addressed the Commission.
He explained that the mid -block pedestrian connection was not feasible. He stated that a
wetland analysis had been done and that they would need to file for a no loss.
Mr. Burke asked if Mr. Frank agreed with the proposed conditions.
Mr. Frank responded yes.
Mr. Svenby asked if Mr. Frank was agreeable to submitting a revised plat two weeks prior to the
Council meeting.
Mr. Frank responded yes.
With no one else wishing to be heard, Ms. Petersson closed the public hearing.
Discussion ensued regarding where the bike path along Bandel Road would be located in
relation to possible wetlands on the property.
Ms. Wiesner moved to recommend approval of Preliminary Plat#01.10 and Design
Modification by Arcon Development to be known as Boulder Ridge based on staff
findings and conditions, except to eliminate Conditions 5 and l listed on the staff report.
Mr. Burke seconded the motion.
CONDITIONS:
1. The Plat shall be revised:
a: Dedicating controlled access along the entire frontage of Bandel Road NW
except for the 60-foot access opening for Boulder Ridge Drive NW.
b, To dedicated a 10-foot utiilty easement along, the entire frontage of Bendel
Road NW: -
c. An additional 20-foot utility easement shall be provided to the west limits of the
.property from "Boulder Ridge Lane` NW", The applicant is regtiiredtQ insta I an
Q'i water main stut ;to the Harvest View Baptist Chprch property, Coordinatlan
between'tlie applicant,
"the Church xnnd the RPU Water Dlvislon is needed to;'.
determine he location of the easement.
The revisions shall be provided to the Planning Department prior the preliminary
plat being heard before the City Council.
I`j
Page 3
City Planning and Zoning Commission Minutes
Hearing Date: May 9, 2001
2. Pedestrian facilities are required along both sides of all new public roadwat
including along the road frontage of Outlot A and B. A 10' wide bituminous
pedestrian path is required along Bandel Road.
3. Parkland Dedication shall be met via cash in lieu of land. Outlots A and B shall be
dedicated to the City, with the pedestrian path constructed at the Developer's
expense, concurrent with construction through the City -Owner Contract Process.
The maximum finished grade for the pedestrian path shall not exceed 10%.
4. The Developer shall enter into a Development Agreement with the City of
Rochester that outlines the obligations of the applicant relating, but not limited to;
storm water management; park dedication; traffic improvements; pedestrian
facilities; right of way dedication; turn lanes and contributions for public
infrastructure.
5. The applicant shall complete a wetland delineation on the property and .obtain the
necessary permits for the wetlands, prior to submitting the final plat.
6. If the requirement of providing a mid -block pedestrian connection is not waived by
the Council, the plat shalt be revised to provide a mid -block pedestrian connection
from Boulder Ridge Drive NW to Outlot C in Bandel North First.
PUBLIC HEARINGS:
Ms. Mitzi Baker presented the staff repXrt, dated
report is on file at the Rochester-OlmsteV Planni
Ms. Wiesner asked how old the project I
Ms. Baker responded that she was unsure.
Discussion ensued regarding imperviou i
Mr. Burke asked what the stormwater and
Ms. Baker responded that she
Works Department.
2001. to the Commission. The staff
would entail,
not answerXiat question and deferred it to the Public
With no one else wishing to heard, Ms. Peter on closed the public hearing.
Mr. Brede moved to recom end approval of Rest ted Development Preliminary Plan
#01.11 by Olmsted Coun HRA with staff recomme died findings and conditions. Ms,
Wiesner seconded the tion. The motion carried':
REQUEST FOR COUNCIL ACTION
1
MEETING
DATE 6-4-01
AGENDA SECTION:
PUBLIC HEARINGS
ORIGINATING DEPT:
PLANNING
ITEM NO.
SAS
i i eM DESCRIPTION: Final Plat #01-17 to be known as Rose Harbor Estates PREPARED BY:
Second I Brent Svenby,
May 31, 2001
Planning Department Review:
See attached Staff Report dated May 31, 2001.
The Planning Staff has reviewed the submitted final plat and would 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 ($3,200) 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.
3. Construction of pedestrian facilities are required along the public road frontages including Outlot A concurrent
with the development.
Council Action Needed:
A resolution approving the plat can be adopted.
Enclosures: (To be submitted separately to the City Clerk by the Planning Staff upon receipt from the applicant)
1. City Clerk's Copy of Applications
2. Recording(Treasurer/Auditor's Statement
3. Recording Fee
4. Title Opinion
5. 1 Original Plat Mylar
6. 3 Mylar Copies of Plat
Attachment.
Staff Report dated May 31, 2001.
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
Chambers at the Government Center, 151 4th Street SE.
5. McGhie & Betts, Inc.
June 4, 2001, in the Council/Board
COUNCIL ACTION: Motion by: Second by: to:
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ROCHESTER-OLMSTED PLANNING DEPARTMENT
2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744
�io+e?��imo
TO:
FROM
DATE:
RE:
0 0 0 M T Y O F w'Awolmstedcounty.comlplanning
Rochester Common Council
Brent Svenby, Planner
May 31, 2001
Final Plat #01-17 to be known as Rose Harbor Estates Second
Planning Department Review:
Applicant/Owner:
Surveyors/Engineers:
Referral Comments:
Report Attachments:
Plat Data:
Location of Property:
Western Walls, Inc.
604 11 th Avenue NW
Rochester. MN 55901
McGhie & Betts, Inc.
1648 3rd Avenue SE
Rochester, MN 55904
1. Park and Recreation Department
2. Fire Department
3. RPL1 Water Division
4. Rochester Public Works Department
1. Location Map
2. Copy of Final Plat
3. Referral Comments (4 Letters)
The property is located along the north side of Park
Street SE, west of Rose Avenue SE and south of
Eastwood Road SE.
Zoning: The property is zoned R-1 (Mixed Single Family)
district on the City of Rochester Zoning Map.
Proposed Development: This proposal is a replat of part of Rose Harbor
41h Addition, a plat originally approved in Marion
Township. This 7.01 acres property currently
contains 16 lots that were never built on. The
develop is proposing to replat these suburban sized
lots into 29 urban sized lots and one outlot for a
detention pond.
Streets: Since this proposal is a replat, there are no new
public streets to be dedicated as part of this plat. The
vacation of a portion of Harbor Parkway (Knollwood
Drive S�rioht-of-way is currently being considered _
BUILDING CODE 507/285-8213 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSINGtHRA 507/285-6224
PLANNING/ZONING 507/285-8232 • WELUSEPTIC 507/285-8345
FAX 507/2B7-2275
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
.w,w
Page 2
Rose Harbor Estates Second
May 31, 2001
Sidewalks:
In accordance with current City policy, pedestrian
facilities are required concurrent along both sides of
all of the streets within the subdivision.
Drainage: The site generally drains to the south. 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. These maps do not indicate the presence of
wetlands on this site.
Public Utilities: Water and sewer can be extended from their present
ends to serve this property. A 10-foot utility easement
is shown on the front of each lot.
Spillover Parking: The spillover parking requirements for this
development would be 35 parking spaces. The
platted roadways can 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 has stated that parkland dedication
should only be required for the increase in the
number of dwelling units as a result of replatting.
They recommend that this dedication be met via cash
in lieu of land in the amount of $3,200. Payment is
required prior to the recording of the final plat
documents.
General Development Plan
Preliminary Plat:
As this is an old, unbuilt County subdivision, there is
no General Development Plan for this areas.
No preliminary plat is required since this is a replat of an existing subdivision in which no new
roads are being platted. The old lots are being reconfigured for a size designed for individual
septic systems to a size designed for City services. Thus, the plat is going from 16 lots to 29 lots.
Planning Staff and Recommendation:
The Planning Staff has reviewed the submitted final plat and would recommend approval subject
to the following conditions:
W3
'(A Rage 3
Rose Harbor Estates Second
May 31,2001
1. The applicant agrees that this subdivision will have an impact upon the City's needs
for parkland and that dedication of cash ($3,200) 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.
3. Construction of pedestrian facilities are required along the public road frontages
including Outlot A concurrent with the development.
E
ROCHESTER
iY/inne6ota
TO: Consolidated Planning Department
2122 Campus Drive SE
Rochester, MN 55904
FROM: Michael J. Nigbur
DATE: 5/24/01
1GS
DEPARTMENT OF PUBLIC
WORKS
201 4 h Street SE Room 108
Rochester, MN 55904-3740
507-287-7800
FAX — 507-281-6216
The Department of Public Works has reviewed the requested application for
Final Plat #01-17 on the Rose Harbor Estates Second property. The following
are the Public Works comments on the proposal:
1. A Development Agreement has been executed for this property.
2. Construction of Pedestrian Facilities are required concurrent along the
public road frontages within this subdivision.
3. Execution of a City -Owner Contract will be required prior to
construction of the public street & utilities within this subdivision.
Charges/fees applicable to the development of this property are addressed in the
executed Development Agreement, with the exception of:
*o Contribution for First Seal Coat @ $0.45 per square yard of public roadway
surface.
❖ Traffic Signs as determined by the City of Rochester Traffic Division:
NONE
CAtemp\FP01-17 Rose Harbor Estates 2nd.doc
M17
park &
recreation
® ROCHESTER PARK AND AREATION DEPARTMENT
201 FOURTH STREET SE
ROCHESTER MINNESOTA 55904-3769
TELE 507-281-6160
FAX 507-281-6165
MEMORANDUM
DATE: May 22, 2001
TO: Jennifer Garness
Planning
RE: Final Plat #01-17
Rose Harbor Estates 2nd
Number of dwelling units' .............................................
Densityfactor............................................................
Dedication...............................................................
Fair market value of land .............................................
13 units'
.0244
.32 acres
$10,000/acre
1 Applicant is only responsible for dedication for the increase in the number of dwelling
units as a result of replatting of previously platted lot. The original plat had 16 lots and the
replat has 29 lots.
The Park and Recreation Department recommends that dedication requirements
be met via: Cash in lieu of land in the amount of $3,200 (.32 acres X $10,000) with
payment due prior to recordation of the final plat.
Applicant:
Western Walls
604 11 Ave NW
0:\DSTOTZ\2001\DEDICATION\SE 2695\ROSE HARBOUR EST 2ND.DOC
REQUEST FOR COUNCIL ACTION
MEETING �j�%
DATE: 06-04- I
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
PUBLIC HEARINGS
PLANNING
E— to
M DESCRIPTION: Vacation Petition #01-05 by Western Walls, Inc. to vacate the northerly
PREPARED BY:
and easterly 8 feet of the right-of-way platted as Rose Heights Drive adjacent to Lots 10,
Brent Svenby,
11, 12, 13 and 14 Block 1 Rose Harbor 2Id Subdivision and westerly and southerly 8 feet of
Planner
the right-of-way platted as Rose Heights Drive adjacent to Lots 5, 6, 7, 8, 9, and 10 Block 2
Rose Harbor 2nd Subdivision and the westerly and northerly 5 feet of the right-of-way
platted as Harbor Parkway adjacent to Lots 1, 2, 3, 5, 6, and 7 Block 10 Rose Harbor 4th
Addition and the easterly and southerly 5 feet of the right-of-way platted as Harbor
Parkway adjacent to Lots 1, 2, 3 and 14, Block 8 Rose Harbor 4rh Addition. The property is
located south of Eastwood Road SE, north of Park Street and west of Harbor Drive.
May 29, 2001
Planning Department Recommendation:
See attached staff report dated May 18, 2001 and May 23, 2001.
The Planning & Zoning Commission reviewed this vacation request at the May 23, 2001 meeting. The
Commission recommended approval of the vacation petition.
Ms. Rivas moved to recommend approval of Vacation Petition #01-05 by Western Walls, Inc. Mr.
Burke seconded the motion. The motion carried 8-0.
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 as recommended by the City
Planning and Zoning Commission.
Attachments:
1. Staff Reports dated May 181h and 23rd , 2001.
2. Minutes of the CP&ZC May 23, 2001 meeting.
Distribution:
1. City Administrator
2. City Clerk
3. City Attorney: Copy of legal description is attached
4. Planning Department File
5. Applicants: This item will be considered by the Council sometime after 7:00 p.m. on Monday, June 4, 2001, in the
Council/Board Chambers at the Government Center, 151 4'h Street SE, Rochester, MN.
A OD
—OUNCIL ACTION: Motion by: Second by: to:
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STREET VACATION EXHIBIT
VACATION DESCRIPTION (Harbor Parkway):
That port of HARBCR PARKWAY as dedicated on the plats of ROSE HARBOR 47a
ADDITION and ROSE HARBOR SECOND SUB—DIMSION, Rochester, Minnesota. described as
follows:
The westerly and northerly 5.00 feet of said HARBOR PARKWAY, adjoining Lots 1, 2, 3,
5, 6 and 7, Block 10, in said ROSE HARBOR 4TH ADDITION.
ALSO:
i'he easterly and southerly 5.00 feet of said HARBOR PARKWAY, which adjoins Lot 14
and also adjoins Lots 1, 2 and 3. all in Block 8 in said ROSE HARBOR 4lrl ADDITION -
SCALE 1" — 200
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I raft : I-- - score: 1" = 200'
WESTERN WALLS, L` c. mwv er NJB
604 11TH AVENUE NE McGhie Betts,inc. WE 2/06/01
ROCHESTER, MINNESOTA h° Len° s �""
Acsr. no.: 101J/0870 caea-nor 0670VAC
55901
a
16.a s<4 Aw< s.c n.e,.wd. uu. saso. soT_xssans flE wa : BK, PC.
STREET VACATION
VACATION DESCRIPTION (Rose Heights Drive):
The easterly and northerly 8.00 feet of
ROSE HEIGHTS DRIVE as dedicated on the
plat of ROSE HARBOR SECOND SUB —DIVISION,
Rochester, Minnesota, which adjoins Lots 10
thru 14 inclusive, all in Block 1 in said
ROSE HARBOR SECOND SUB -DIVISION.
and
The westerly and southerly 8.00 feet of
ROSE HEIGHTS DRIVE as dedicated on the
Plat of Rose Harbor Second Sub -Division,
Rochester, Minnesota, which adjoins Lots 5
thru 10 inclusive, all in Block 2 in said
ROSE HARBOR SECOND SUB -DIVISION
EXHIBIT
SCALE 1" = 200'
i
L OL ATTD
E. e r� 0 COUNT'r ROAD 144 L
—r`�3i h I i �1I3 LIG CIt,12 10N 1••
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rOR: SCAM t- - 200'
WESTERN HALLS, INC. JazPUMa or NJS
604 11TH AVENUE NE McGhie Betts,ltte. ah.: 2/06/01
ROCHESTER, MINNESOTA 'An0 w�""
ALYr. No.: t073/067SZQ
55901
wu se .N, it. e.d.. . w. awo. xr-aa-xn %tE Na: BK. PG.
ROASTER-OLMSTED PLANNING DEPAPMENT
2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744
eau.,, or www.olmstedcounty.com/planning
TE: May 23, 2001
TO: Rochester Planning & Zoning Commission
FROM: Brent Svenby, Planner
RE: Vacation Petition #01-05 by Western Walls, Inc.
The applicant met with staff from the Planning Department and the Public Works
Department this morning to discuss the petition. The discussion included the alignment
of the roadway and the right-of-way proposed to be vacated in Rose Harbor Second
Subdivision. In order to be equitable to all of the property owners along Rose Heights
Drive, the applicant has amended the original petition, petitioning 8 feet of the right-of-
way along the north side (Lots 10-14, Block 1) and 8 feet of right-of-way along the south
side (Lots 5-10, Block 2). All of these lots have been annexed. In the future, once the
remaining lots along Rose Heights Drive are annexed into the City, the property owners
could petition to vacate 8 feet of right-of-way adjacent to their lots.
The vacation petition will not affect the alignment of the roadways. On the lots, which
have not petitioned for the vacation of right-of-way, the width of the right-of-way from
the center of the road will be 33 feet instead of 25 feet or 28 feet.
Staff would recommend that vacation petition #01-05 be approved as amended.
BUILDING CODE 507/285-8213 - GIS/ADDRESSING/MAPPING 507/285-8232 - HOUSINGMRA 507/285.8224
.�.. w-
PLANNING/ZONING 507/285-8232 - WELL/SEPTIC 507/285-8345
FAX 507/287-2275
+m.�.
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
jjo'� WE',SMERN WALLS,4tNC.
604 1 1TH AVENUE NORTHWEST
SUITE 100
ROCHESTER, MINNESOTA 55901
Brent Svenby
Rochester Planning Department
2122 Campus Drive SE
Rochester, MN 55904
May 23, 2001
Dear Brent:
As a follow up to our meeting with yourself and Mike Nigbur from Public Works this morning we
would like to amend our vacation petition on the right of way for Rose Harbor 2"d on Harbor
Parkway. On lots 10 to 14, Block 1 we had requested a 16 foot vacation. We agreed to revise
this vacation to the 8 foot on the front of those lots and also add an 8 foot vacation on the front
of lots 5 through 10 Block 2.
Thank you for all your help.
Sincerely,
Robert DeWitz
03 '
Draft Minutes of the City Planning & Zoning Commission
Date of Hearing: May 23, 2001
Road SE, north of Park Street and west of Harbor Drive.
Ms. Petersson explained that the Commission received a revised memo from staff, prior
to the meeting, indicating that the applicant amended their petition and that staff
approved of the changes and recommended approval.
Ms. Rivas moved to recommend approval of Vacation Petition #01-05 by Western Walls,
Inc. Mr. Burke seconded the motion. The motion carried 8-0.
Page 1 of 1
RAE'STER-OLMSTED PLANNING DEPAPMENT
2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744
COO MTY Of www,olmstedcounty.com/planning
TO: City Planning and Zoning Commission
FROM: Brent Svenby, Planner
DATE: May 18, 2001
I,fii��lfl�c��.
RE: Vacation Petition #01-05 by Western Walls, Inc. to vacate the northerly
and easterly 16 feet of the right-of-way platted as Rose Heights Drive
adjacent to Lots 10, 11, 12, 13 and 14 Block 1 Rose Harbor 2"d
Subdivision and the westerly and northerly 5 feet of the right-of-way
platted as Harbor Parkway adjacent to Lots 1, 2, 3, 5, 6, and 7 Block 10
Rose Harbor 4Ih Addition and the easterly and southerly 5 feet of the
right-of-way platted as Harbor Parkway adjacent to Lots 1, 2, 3 and 14,
Block 8 Rose Harbor 4Ih Addition. The property is located south of
Eastwood Road SE, north of Park Street and west of Harbor Drive.
Planning Department Review:
Petitioner(s): Western Walls, Inc.
604 11rhAvenue NW #100
Rochester, MN 55901
Reason to Vacate: The applicant has indicated that by vacating these
portions of the roadways will assist in developing
these portions of the area because of the terrain.
Referral Comments:
Report Attachments:
Staff Recommendation:
Department of Public Works
1. Vacation Petition
2. Location Map
3. Referral Comment (1 letters)
Western Walls, Inc. has petitioned to vacate the northerly and easterly 16 feet of the
right-of-way platted as Rose Heights Drive adjacent to Lots 10, 11, 12, 13 and 14 Block
1 Rose Harbor 2nd Subdivision. The right-of-way was dedicated in 1957 but has never
been constructed except for the area adjacent to Lot 15, Block 1 and Lot 12, Block 2.
BUILDING CODE 507/285-8213 • GISIADDRESSING/MAPPING 5071285-8232 • HOUSING/HRA 5071285-8224
-.rweew PLANNING20NING 507/285-8232 • WELIISEPTIC 5071285-6345
FAX 507/267-2275
...yd.w
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
Vacation 0 1 -05 • • �%C� /
Western Walls
05/ 18101
Western Walls, Inc is also petitioning to vacate the westerly and northerly 5 feet of the
right-of-way platted as Harbor Parkway adjacent to Lots 1, 2, 3, 5, 6, and 7 Block 10
Rose Harbor 4t" Addition and the easterly and southerly 5 feet of the right-of-way platted
as Harbor Parkway adjacent to Lots 1, 2, 3 and 14, Block 8 Rose Harbor 41" Addition.
The right-of-way was dedicated in 1958 and has not been constructed.
Looking at the exhibits of the proposed vacation you will notice in some areas that the
right-of-way on the opposite side of the street is not proposed to be vacated. The lots
opposite of the lots where the right-of-way is proposed to be vacated have not been
annexed. By not vacating the right-of-way on the opposite side of the street, the future
construction and centerline location of the roadways will be affected. At this time it is
not appropriate to vacate the petitioned right-of-way. A more appropriate time would be
to wait until all of the lots adjacent to the right-of-way platted as Rose Heights Drive and
Harbor Parkway have been annexed and a vacation petition is submitted on all of lots.
That way an even roadway centerline and right-of-way can be maintained.
Staff would recommend that this vacation petition be denied.
�% ROCHESTER
/!'/innedota
TO: Consolidated Planning Department
2122 Campus Drive SE
Rochester, MN 55904
FROM: Michael J. Nigbur
DATE: 5/11101
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
Vacation #01-05 on the Western Walls (Rose Harbor) property. The following
are Public Works comments on the proposal:
Public Works -has concerns regarding this vacation relating to how it
will affect future construction and centerline roadway location.
Additional comments will be provided prior to or at the Planning
Commission Meeting.
C:\temp\VAC01-05 Western Walls ROW Ease.DOC
REQUEST FOR COUNCIL ACTION
MEETING 1907
DATE: 6-4-01
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
PUBLIC HEARINGS
PLANNING
_7
t i rM DESCRIPTION: Restricted Development Conditional Use Permit #01-11 by
PREPARED BY:
Olmsted County HRA to construct a garage for the purpose of
Mitzi A. Baker,
storing maintenance equipment to be used for maintaining HRA
Senior Planner
properties.'
May 30, 2001
City Planning and Zoning Commission Recommendation:
On May 9, 2001 the City Planning and Zoning Commission reviewed this request and recommended approval
subject to the following conditions. The motion carried 7-0.
1. Vehicles, equipment and materials shall be stored inside the garage when not in use. There shall be
no outside storage of vehicles, equipment or materials.
2. Storm water Management must a provided, and a Storm wafer Management fee may apply for any
additional impervious surface resulting from this project, if onsite detention is not provided.
_-)uncil Action Needed:
A. If the Council wishes to proceed, the Council should adopt a resolution, with findings and conditions,
approving the project.
B. The applicant is requesting waiver of the Final Plan phase, consistent with Section 60.532, 6 of the
Rochester Zoning Ordinance and Land Development Manual. The Council will need to consider the
findings necessary to waive the final plan (see attached). If the Council wishes to waive the final plan
phase, this waiver should be included in the motion.
Distribution:
1. City Clerk
2. City Administrator
3. City Attorney: Legal Description Attached
4. Planning Department File
5. Applicant: This item will be considered some time after 7:00 p.m. on Monday June 4, 2001 in the Council / Board
Chambers in the Government Center at 151 4th Street SE.
%,JUNCIL ACTION: Motion by: Second by: to:
Page 2
RGA
May 3�,�01
/
60.532 Phase II Hearing Process: The Phase II Procedure shall be as set forth below:
6) 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.
ROC`FIESTER-OLNISTED PLANNING DEPARMENT
2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744
C U U „, y OF www.olmstedcounty.com/planning
TO: City Planning & Zoning Commission
FROM: Mitzi A. Baker, Senior Planner
DATE: May 3, 2001
RE: Restricted Development Conditional Use Permit #01-11 by Olmsted
County HRA to construct a garage for the purpose of storing
maintenance equipment to be used for maintaining HRA properties.
Planning Department Review
Applicant: Olmsted County Housing &
Redevelopment Authority (OCHRA)
Attn: Mona Hoeft
2122 Campus Drive SE
Rochester, MN 55904-4744
Property Location: 1716 81/2 Street SE
Zoning: The property is zoned R-3 (Medium Density
Residential) on City of Rochester Zoning map.
Adjacent Zoning: This property abuts land on the west, south and
east that is zoned R-3 (Medium Density
Residential) and abuts 8 % Street to the north.
Summary of Proposal: The applicant is proposing to construct a 24' by 36'
garage to be used for storing maintenance
equipment and vehicles used for maintaining HRA
properties.
Referral Agency Comments: Rochester Public Works, See attached
Attachments: Location Map
Site Map
BUILDING CODE 507/285-8213 • GIS/ADDRESSING/MAPPING 5071285-8232 • HOUSINGIKRA 5071285-8224
PLANNING20NING 507/285-8232 • WELUSEPTIC 5071285-8345
FAX 507/287-2275
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AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
10 2 •
EXPLANATION OF APPLICATION AND REVIEW PROCEDURE:
The applicant is proposing to construct a 24' by 36' garage to be used for storing
maintenance equipment and vehicles used for maintaining HRA properties. Since the
equipment will be used off -site, as well as on -site, the use is defined as a contractors yard
which is not a permitted use in the R-3 zoning District.
The Restricted Development allows certain mixtures of land uses which are not allowed
within a given zoning district on a permitted or conditional basis 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. The regulations of this article
recognize and provide encouragement for innovation and experimentation in the
development of land that would otherwise not be possible under the zoning district
regulations established by this ordinance.
CRITERIA & ANALYSIS:
Sections 62.706 and 62.708 (1) of the Zoning Ordinance set forth the standards upon which
a Restricted Development Preliminary Plan is to be evaluated. The Council shall approve a
preliminary plan if it finds that the development has addressed and satisfied all of the
applicable criteria, or that a practical solution consistent with the public interest can be
incorporated into the final plan. Please see the attached excerpt from the Rochester Zoning
Ordinance and Land Development Manual for the applicable criteria.
The staff suggests the following findings for each of the 11 criteria on which the Preliminary
Development Plan is to be evaluated:
a) Capacity of Public Facilities: City sewer and water, and other utilities currently
serve the site.
b) Geologic Hazards: There are no known geologic hazards on the property.
c) Natural Features: There are no unique natural features on the property that have
been identified.
d) Residential Traffic Report: Access to the garage will be provided via the driveway
serving Homestead Green apartments, which has access to 8 '/z Street SE. The
additional traffic will be minimal, approximately 2-8 trips/day. Equipment stored on
site would also be used to maintain the grounds of the property where it is stored.
e) Traffic Generation Impact: The anticipated traffic will not cause the capacity of the
adjacent streets to be exceeded.
Height Impacts: This development should not impact the adjacent properties.
There is an existing fence along the south and east property lines of this
development. The garage is proposed to be approximately 14 feet in height.
g) Setbacks: The garage is proposed to be setback 20 feet from the south property
line and 27 feet from the east property line. The building appears similar to a
standard residential garage. The proposed setbacks are similar to, or in excess of,
those that would apply to a primary structure on the property.
h) Internal Site Design: Access to the garage will be provided via the driveway
serving the Homestead Green apartments.
Screening and Buffering: There is an existing fence along the south and east
property lines, adjacent to the proposed garage location.
jJ Ordinance Requirements: The proposed development includes adequate
amounts of off-street parking and loading areas
k) General Compatibility: The proposed use of the site does not significantly change
the appearance of the property. The character of the surrounding neighborhood
should not be affected by this proposed use. Equipment stored in the building will
be used on -site as well as off -site.
STAFF RECOMMENDATION:
Staff has reviewed this request in accordance with the applicable standards and provisions,
as included in this report. Based upon staff review and the analysis included above, staff
recommends approval of this application subject to the following conditions:
1. Vehicles, equipment and materials shall be stored inside the garage when not in
use. There shall be no outside storage of vehicles, equipment or materials.
2. Stormwater Management must a provided, and a Stormwa ter Management fee
may apply for any additional impervious surface resulting from this project, if
onsite detention is not provided.
Note - Waiver of Final Plan application
Section 60.532, 6 of the LDM allows the City Council to waive subsequent review phases in
a multi -phase review process if requested by the applicant, and upon making findings
consistent with that Section of the Ordinance.
The applicant has requested that the City Council waive the requirement for the Final Plan
review for this project to expedite construction of the project.
'0\ 4
Excerpt from the Rochester Zoning Ordinance & Land Development Manual
62.706 Standards for Approval, Preliminary Development Plan: The Council shall
approve a preliminary development plan if it finds that the development has
addressed 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 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:
1) Preliminary Development Plan Criteria:
a) Capacity of Public Facilities: The existing or future planned utilities in
the area are adequate to serve the proposed development.
b) Geologic Hazards: The existence of areas of natural or geologic hazard,
such as unstable slopes, sinkholes, floodplain, etc., have been identified
and the development of these areas has been taken into account or will be
addressed in the Phase II plans.
c) Natural Features: For developments involving new construction, the
arrangement of buildings, paved areas and open space has, to the extent
practical, utilized the existing topography and existing desirable vegetation
of the site.
d) Residential Traffic Impact: When located in a residential area, the
proposed development:
1) Will not cause traffic volumes to exceed planned capacities on local
residential streets;
2) Will not generate frequent truck traffic on local residential streets;
3) Will not create additional traffic during evening and nighttime hours on
local residential streets;
e) Traffic Generation Impact: Anticipated traffic generated by the
development will not cause the capacity of adjacent streets to be
exceeded, and conceptual improvements to reduce the impact of access
points on the traffic flow of adjacent streets have been identified where
needed.
f) Height Impacts: For developments involving new construction, the
heights and placement of proposed structures are compatible with the
surrounding development. Factors to consider include:
F]
193
1) Will the structure block sunlight from reaching adjacent properties
during a majority of the day for over four (4) months out of the year;
2) Will siting of the structure substantially block vistas from the primary
exposures of adjacent residential dwellings created due to differences
in elevation.
g) Setbacks: For developments involving new construction, proposed
setbacks are related to building height and bulk in a manner consistent with
that required for permitted uses in the underlying zoning district.
h) Internal Site Design: For developments involving new construction, the
preliminary site layout indicates adequate building separation and desirable
orientation of the buildings to open spaces, street frontages or other focal
points.
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.
A
Alk Alk
H oueing 6 Redevelopment Authority
RENTAL A5515TANCE • REHABILITATION HOME OWNER5HIP
April 10, 2001
Mitzi Baker
Olmsted County Planning Department
2122 Campus Drive SE
Rochester MN 55904
Dear Mitzi:
Enclosed you will find an application for a Type III Development Application
along with nine site plans and architect drawings.
The HRA is asking that the final approval be waived on this project in order to
expedite construction.
If you have any questions, please contact me at 287-1367.
Sincerely,
5Technician
Mona Hoeft
Rental Assistan
iLf i APR 12 2001 '
2122 Campus Drive S.E., Buite 100 • Rochester, MN 55904-4744
EQUAL HOUSING/EMPLOYMENT OPPORTUNITY
PHONE: 507-255-8224 • FAX: 507-287-2275
E
r.
ROCHESTER
Winnedota
TO: Consolidated Planning Department
2122 Campus Drive SE
Rochester, MN 55904
FROM: Michael J. Nigbur
DATE: 4/25/01
18-45
DEPARTMENT OF PUBLIC
WORKS
201 4�' 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 401-11 on the
Olmsted County HRA (1716 S%, St SE) property. The following are Public Works Comments on
the proposal:
1. Separate Grading Plan approval is required if grading for this project will involve
movement of more than 50 cubic yards of material.
2. Stormwater Management must be provided, and a Stormwater Management Fee will
apply for any additional impervious surface resulting from this project, if onsite detention
is not provided.
3. The Owner should contact Public Works to inspect the existing public pedestrian
facilities and curb abutting this property. Any needed repair work should be completed
concurrent with construction for this application.
The following charges/fees are applicable for the development of this property:
s• A Storm Water Management charge TBD, for any additional impervious surface, if on -
site detention is not provided.
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TYPE PHASE 11 DEVELOPMENT APP \TION
CITY OF ROCHESTER I
The undersigned hereby makes application for a Type III Development as regulated by Section 60.530 of the City of
Rochester Land Development Manual.
NME OF APPLICANT: Olmsted County HRA
ADDRESS OF APPLICANT: 2122 Campus Drive SE, Rochester, MN 55904
ADDRESS OF PROPERTY IF DIFFERENT THAN APPLICANT:
1716 8 1/2 Street SE, Rochester, MN 55904
TELEPHONE NUMBER: (home) (work) (507) 287-1367
SIGNATURE OF PROPERTY OWNER: n ti,&,
LEGAL 0
TYPE'OF APPLICATION' ". .
(Please check appropriate box),
Type III, Phase II, General Development Plari
Type ill, Phase II, Land Subdivision,Permit
Tvne III. Phase II. Zoning District Amendment
ve Development; PreliminaryPlan
1EASON FOR APPLICATION: (Attach additional pages if necessary) Build a contractors garage to
store equipment that will be used on site and other RRA sites. A contractors garage
is not allowed without a conditional use permit in a R-3. The garage store
snow blowers, lawn equipment, trucks, etc.
DATE: 44DI
or
See City of Rochester Zoning Ordinance and Land Development Manual Informational Supplement, Appendix B, for
submittal requirements.
Return Application to: I
Rochester -Olmsted Planning Department A�
2122 Campus Drive SE
Rochester, MN. 55904 J
Or
DISTRIBUTION:
Planning Department (blue copy)
City Clerk (white copy)
Applicant (yellow copy)
I Plat/Parcel #r 1
Form V920.3 Rev, 7/99
110 Page 3 110 i
City Planning and Zoning Commission Minutes
Hearing Date: May 9, 2001
2. Pedestrian facilitie re required along both sides of all new public
including along the ro frontage of Outlot A and B. A 10' wide
pedestrian path is requiX along Bandel Road.
3. Parkland Dedication shall b el
dedicated to the City, with the c
expense, concurrent with constr
The maximum finished grade for I
4. The Developer shall enter into a
Rochester that outlines the oiK
storm water m nt;,,pek di
us
via cash in lieu c d. Outlots A and B shall be
<pathc tructed at the Developer's
the City -Owner Contract Process.
path shall not exceed 10%.
greement with the City of
pplicant relating, but not limited to;
fic improvements; pedestrian
facilities; right of way cation• turn la g y , n and contributions for public
d
infrastructure,
5. The applicant, 11 complete a wetland delinea non the property and,obtain the
necessary mats for the wetlands prior to sub ing the final plat.
6. If the uirement of providing amid -block pedestr
the uncii, the plat shall be revised to provide a rr
f m Boulder Ridge Drive NW to Outlot C in Bandel
motion carried 7-0.
PUBLIC HEARINGS:
connection is not waived by
klock pedestrian connection
V First.
Restricted Development Preliminary Plan #01-11 by Olmsted County HRA to allow for the
construction of a garage and for storage of maintenance equipment that will be used for
maintenance of HRA properties. The property is located at 1716 8 % Street SE.
Ms. Mitzi Baker presented the staff report, dated May 3, 2001, to the Commission. The staff
report is on file at the Rochester -Olmsted Planning Department.
Ms. Wiesner asked how old the project was.
Ms. Baker responded that she was unsure.
Discussion ensued regarding impervious surface.
Mr. Burke asked what the stormwater management would entail.
Ms. Baker responded that she could not answer that question and deferred it to the Public
Works Department.
With no one else wishing to be heard, Ms. Petersson closed the public hearing.
Mr. Brede moved to recommend approval of Restricted Development Preliminary Plan
#01-11 by Olmsted County HRA with staff recommended findings and conditions. Ms.
Wiesner seconded the motion: The motion carried 7-0.
Page 4
City Planning and Zoning Commission Minutes
Hearing Date: May 9, 2001
Ar
1. Vehicles, equipment and materials shall be stored inside the garage when not in use.
There shall be no outside storage of vehicles, equipment or materials.
2. Stormwater Management must be provided, and a Stormwater Management fee may
apply for any additional impervious surface resulting from this project, if onsite
detention is not provided.
Ms. Wiesner state hat she had worked with the land surveyor on other joby�but not the
particular plat under cussion. r
Mr. Brent Svenby presen d the staff report, dated May 4, 2001, to th ommission. The staff
report is on file at the Roch ter -Olmsted Planning Department.
Mr. Svenby explained that the plicant spoke with him regardi the location of the mid -block
connection. He indicated that th pplicant would like to mee ith staff and the Park
Department on the location of the estrian connection. T refore, he suggested that the
condition listed in the staff report mer indicate the nee or a mid -block connection and not
state exactly where it would be located.
Mr. Svenby asked the applicant if he
meeting.
plat two weeks prior to the Council
Mr. Svenby suggested revising /roays
a listed in the staff report to state "No parking
shall be allowed, at any time, ala of th ntire length of "48`" Street SW" and
"Scenic View Drive SW" from 48to "Timb ood Lane SW". No parking fire lane
signs must be posted along thesconsistent 'th City policies."
The applicant's representative, f GGG Engine 'ng, addressed the Commission.
He asked if parking would be allhe west side of nic View Drive.
Mr. Svenby responded that &king would not be allowed on both 'des. He explained that the
same condition applied to enic Oaks First Subdivision.
Mr. Welch stated that ere would be a bituminous path along 48e St
He explained that it
would be 1000 feet m the path to the last lot. Therefore, he indicated t t they wanted to
move the path so9M of Lot 10.
Ms. Petersso/sked Mr. Welch if he was willing to submit a revised plat, prior t the Council
meeting.
REQUEST FOR COUNCIL ACTION MEETING /
DATE: 6-4-01
AGENDA SECTION:
3LIC HEARINGS
ORIGINATING DEPT:
PLANNING
ITEM DESCRIPTION: Annexation 01-08 by R.L. Hexum & Associates on behalf of Graham
Properties LTD to annex approximately 39.72 acres of land located west of St. Bridget
Road, east of T.H. 63 and south of 481h St. SE.
May 31, 2001
City Planning and Zoning Commission Recommendation:
ITEM NO.
le -19
PREPARED BY:
Mitzi A. Baker,
Senior Planner
,J,14.12�
The City Planning and Zoning Commission reviewed this annexation request on May 23, 2001. The Commission found that this
property is adjacent to the City limits and can be annexed. The Commission recommended approval 8-0.
Planning Department Recommendation:
See attached staff report dated May 17, 2001,
Property Taxes:
State 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 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. Township Taxes on the property for 2001 = $108.80 .
Council Action Needed:
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 Minnesota Municipal
Board.
2. The applicant is requesting that the City Council suspend the rules and have the second
reading of the Ordinance along with the first reading. The Council will need to inform the City
Attorney if the rules will be suspended.
Attachments:
1. Staff Report dated May 17, 2001
2. Property Tax Information
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
Rochester / Olmsted County Government Center.
7:00 p.m. on Monday, June 4, 2001 in the Council Chambers at the
COUNCIL ACTION: Motion by: Second
11
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ROPESTER-OLMSTED PLANNING DEPAITMENT of
2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 ••
J,
a a a„„ OF www.olmstedcounty.comlplanning
TO: Rochester Planning and Zoning Commission
FROM: Mitzi A. Baker, Senior Planner
DATE: May 17, 2001
RE: Annexation #01-08 by R.L Hexum & Associates on behalf of Graham
Properties LTD to annex approximately 39.72 acres of land located west
of St. Bridget Road, east of T.H. 63 and south of 48th Street SE. The
property is located in the Northeast Quarter of the Northeast Quarter of
Section 35 of Rochester Township.
Planning Department Review:
Applicants/Owners: R.L. Hexum & Associates Inc.
1002 North Broadway
Rochester, MN 55906
Cal Slatterly
Graham Properties LTD
20 2nd Street SW, Rm 219
Rochester, MN 55902
Location of Property: The property is located west of St. Bridget Road, south of 48u`
St. SE and east of T.H. 63.
Existing Land Use: The property is currently undeveloped agricultural land.
Size: The area to be annexed includes approximately 39.72 acres
of land.
Existing Zoning: This property is in the Rochester (Township) Special District
and is zoned A-4 (Agricultural — Urban Expansion) District.
Future Zoning: Upon annexation the property will be zoned R-1(Mixed Single
Family Residential) District.
Land Use Plan: This property is designated for "Low Density Residential' uses
on the Rochester Urban Service Area Land Use Plan.
Adjacency to the Municipal This property is adjacent to the City limits along its north and
Limits: west boundaries.
BUILDING CODE 507/285-8213 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 507/285-8224
. aPPLANNING20NING 507/285-8232 • WELUSEPTIC 507/265-8345
FAX 507/287-2275
w AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
Page 2
` I T May 17, 2001
Utilities: Services will need to be extended to serve this property.
General Development Plan: This property is not part of an approved GDP.
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 June 4, 2001. The City Clerk will send
the certified notice 30 days prior to that date.
Referral Comments:
Report Attachments:
Staff Recommendation:
Comments from: RPU Water Division; Rochester Public
Works; Olmsted County Environmental Resource Services
(see attached).
1. Referral Comments (3 letter)
2. Location Map
This property is adjacent to the City limits and utilities can be extended to serve this property.
Staff recommends that the City proceed to adopt an ordinance annexing the properties according to
Minnesota Statutes 414.033, Subdivision 2(3).
E
0 191
Mitzi Baker
Brent Svenby
Planning and Zoning
5-3-01
We hereby request the combing of the first and second readings by the City
Council as relates to our annexation proceeding .for the NE 1. of the .IVE X of
Section 35, Township 106 North Range, 14 west, Olmsted County, Minnesota
Res ectfutiy�i��
Thomas M. Hexum
4�
rpu.
we pledge, we delever
May 8, 2001
Rochester -Olmsted
CONSOLIDATED PLANNING DEPARTMENT
2122 Campus Drive SE
Rochester, MN 55904-7996
REFERENCE: Annexation 401-08 by R.L. Hexum and Associates on behalf of Graham
Properties LTD to annex 39.72 acres of land located west of St. Bridget Rd, east of TH 63 and
south of 48'h St. SE in the NE '/4 of the NE'/4 of Section 35, Rochester Township.
Dear Ms. Garness:
Our review of the referenced petition 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. This area is serviceable from the Intermediate Level Water System that was developed from
the Airport High Level Water System and is available for connection approximately 700'
south of 48`h St SW (approximately 150' north of Southern Woods Circle SW). This water
main must be extended through the developable portion of the commercial area designated
on the approved Southern Woods General Development Plan and across TH 63 to be
available for this area.
3. We will work with the applicant's engineering firm to develop the necessary water system
layout to serve this area.
Please contact us at 507-280-1600 if you have questions.
Very truly yours,
061AA RISC-'
Donn Richardson
Water
C: Doug Rovang, RPU
Mike Engle, RPU
Mark Baker, City Public Works
Vance Swisher, Fire Prevention
R.L. Hexum & Associates
Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813
telephone 507-280-1540 facsimile 507-280-1542
ROCHESTER 1A9
/Y/inne�ota
TO: Consolidated Planning Department
2122 Campus Drive SE
Rochester, MN 55904
FROM: Michael J. Nigbur
Date: 5/11/01
DEPARTMENT OF PUBLIC
WORKS
201 4 h Street SE Room 108
Rochester, MN 55904-3740
507-287-7800
FAX — 507-281-6216
The Department of Public Works has reviewed the requested application for
Annexation #01-08 on the R.L. Hexum Property. The following are Public Works
comments on the proposal:
This property can be served with municipal sewer & water.
C:ltemp\ANNX01-08 RL Hexum 48th St Area.doc
REQUEST FOR COUNCIL ACTION
MEETING p O f
DATE: 6/4/01
AGENDA SECTION:
SOLUTIONS AND ORDINANCES
ITEM DESCRIPTION:
RESOLUTIONS AND ORDINANCES
G. 1. RESOLUTIONS
ORIGINATING DEPT:
CITY ATTORNEYS OFFICE
G. 2. FIRST READING OF ORDINANCES, as appropriate.
G. 3. SECOND READING OF ORDINANCES (for adoption).
ITEM NO.
G
a) An Ordinance Rezoning Certain Property from the R-1 District to the R-3 District, and Amending
Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of
Rochester, Minnesota. Said Property Located North of Quarry Ridge Apartments — North of 2nd
Street NW — West of Highway 52.
n b) An Ordinance Annexing to the City of Rochester Approximately 59.97 Acres of Land Located in
�o a Part of the North Half of Section 7, Township 107 North, Range 14 West, Olmsted County,
Minnesota. Said Property Located West of 50th Avenue NW — South of 65th Street NW — North of
Douglas Trail.
G.4. MISCELLANEOUS
6
cOUNCILACTION: Mo5onby: second by: to: