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HomeMy WebLinkAbout07/02/2001_RegularCITY OF ROCHESTER COUNCIL AGENDA COUNCIL/BOARD CHAMBERS 1 GOVERNMENT CENTER 151 4T" STREET SE MEETING NO. 13 July 2, 2001 Regular 7:00 P.M. PAGE 1-2 A) OPEN COMMENT PERIOD B) CALL TO ORDER C) LETTERS AND PETITIONS 3-4 1) Petition for Improvement — Overlay on 6t' Street SE 5-6 D) CONSENT AGE NDAIORGAN IZATI ONAL BUSINESS 1) Approval of Minutes 7-8 2) Extension of Joint Powers Agreement Between the City of Rochester and MHFA for the Administration of the Housing Tax Credit Program 9-14 3) IBM Credit Union Skyway Connection Agreement 15-16 4) Request for a Public Hearing/Consider the Issuance of an Abatement Order for the Properties at 1950, 2024, 2032, 2048 8'/2 Street SE 17-18 5) Licenses, Bonds, and Miscellaneous Activities 19-20 6) Approval of Accounts Payable 21-22 7) Request to Schedule a Public Hearing/Consider Issuance of Tax Exempt Health Care Facility Revenue Bonds on Behalf of Mayo Foundation 23-24 8) Accept the Bid for the Biosolids Injector 25-38 9) Library Reorganization 39-40 10) Appointment to Rochester Civic Music Board 41-42 11) Permit #3473- Civic Music/Civic Center 43-50 12) Annexation Petition #01-14 by Graham Properties Limited Partnership to Annex 109.88 Acres of Land Located West of Eastwood Golf Course, South of Highway 14 and North of Eastwood Road SE 51-52 13) Determination by the Council Under Provisions Analogous to Section 60.150 Whether to Process an Excavation Activity Proceeding as Part of the GAC Theater Project Adjacent to the North Shopko Site as a Substantial Land Alteration 53-54 14) Local Law Enforcement Block Grant Program/Application and Acceptance of Funds 55-62 15) Consideration of Public Utility Board Action 63-64 16) Development Agreement — Spruce Meadows Qty Council Meeting July 2, 2001 Page 2 of 3 65-66 17) Development Agreement — Fox Hill 67-68 18) Owner Contract — Water Main & Hydrant to Serve Merchants National Bank, Norwest Plaza (J9800) 69-70 19) Owner Contract — Basic Construction In Fox Hill Subdivision (J9814) 71-72 20) Stormwater Management Agreements 73-74 21) Professional Services Agreement/Preparation of Addenda to the Rochester Surface Water Management Plan 75-76 22) Award of Contract/Reconstruction of Cascade Street NW from 9h Avenue NW to 18th Avenue NW (J9612) 77-78 23) Advertise for Bids/Curb, Gutter & Overlay on Green View Drive SW, Green View Place SW, and Green Field Lane SW (J9541) 79-80 24) Award of Contract/Traffic Calming on Fox Valley Drive from 23 d Avenue SW to Salem Road (J9777) 81-82 25) Traffic Signal at West Circle Drive & North Frontage Road TH 14 (J6381) 83-84 26) Parking Restriction /2nd Avenue SW/1400 Block 85-86 27) Parking Restriction/2100-2200 Blocks of 2nd Street SW E) HEARINGS 87-112 1) Final Plat #00-45/Century Hills Fifth Subdivision 113-118 2) Zoning District Amendment #01-08 Initiated by the Rochester City Council to Re -zone Approx. 165 Acres of Airport Property to the AG - Agricultural District 119-126 3) Final Plat #00-05 to be Known as Northern Heights North Fourth Subdivision 127-134 4) Final Plat #01-24 to be Known as Westway Manor Twinhomes Subdivision 135-140 5) Utility Easement Vacation Petition #01-08 by J & C Gardens, LLC/Located East of 11`h Avenue SE and North of 20th Street SE 141-148 6) City Council Initiated Right -of -Way Vacation #01-07 to Vacate the Alley Right-of-Way/Located West of TH 52, North of 1st Street NW, South of 2nd Street NW, and East of 18th Avenue NW 149-152 7) City Initiated Text Amendment #01-01 to Amend Section 64.133 of the Rochester Zoning Ordinance and Land Development Manual/Addresses Funding Required Improvements 153-160 8) Annexation by Ordinance Petition #01-11 by Morris Memorial LLC to Annex Approx. 40 Acres of Land/East of River Road NE and West of TH 63. 161-162 9) Special Assessment of Water Service Replacement Charges (J9523, J9525, and J9330) 163-164 10) Giving Host City Approval to the City of Oronoco in their Issuance of Revenue Obligations for a Project by Resurrection Evangelical Lutheran Church of Rochester City Council Meeting July 2, 2001 Page 3 of 3 F) REPORTS AND RECOMMENDATIONS 165-174 1) Carpet One Final Site Plan 175-176 2) Traffic Study 4th Avenue & 13ffi Street SE 177-178 G) RESOLUTIONS AND ORDINANCES H) TABLED ITEMS 1) OTHER BUSINESS J) ADJOURNMENT REQUEST FOR COUNCIL ACTION MEETING DATE: 7/2/01 AGENDASECTION: ORIGINATING DEPT: ITEM NO. OPEN COMMENT PERIOD CITY ADMINISTRATOR A _J 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. _ _ UNCIL ACTION: motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING 3 DATE: 7/2/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Letters and Petitions City Clerk n - I i i rn1 DESCRIPTION: Petition for Improvement - Overlay on 6th S4@ei S.E. PREPARED BY: A--& • Judy Scherr A petition was received from the property owners abutting Sixth Street S.E. requesting the Council to initiate an improvement project for the "Overlay of Sixth Street S.E.". COUNCIL ACTION REQUESTED A motion to adopt the prepared resolution referring the petition for "Overlay of Sixth Street S.E." to the Public Works Department for feasibility study. u%jUNCIL ACTION: Motion by: second by. to: PETITION FOR LOCAL IMPROVEMENT PROJECT CITY OF ROCHESTER We the undersigned owners of property in 6`° Ave SE in Olmsted County, Minnesota, do hereby petition the Rochester City Council to construct the following local improvement project: Overlay on 6`" Street SE Commencing at: and Ending at: In the year: We are aware that as owners of property abutting this proposed local improvement project, we are subject to special assessment charges according to the City of Rochester's Comprehensive Pavement Management Program. Name (please print) Address S natur 944 b LE SL R), �/ e, �I ,T k aS, D i� {��� A Ue S �GC� St- z1i' ' 17�JC�cB Al.NL'1'✓�rn A-e A E4'1n (star o S5l �i,F�cS� t�lutiiath r1de U-1h REQUEST FOR COUNCIL ACTION MEETING 5 DATE: 7/2/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY ADMINISTRATOR D-1 to D-27 . ,d DESCRIPTION: PREPARED By: APPROVAL OF CONSENT AGENDA ITEMS G. NEUMANN This RCA lists all the items which have been included in the consent agenda for this meeting. The Council can approve all of the items with a single motion to approve. The Council President will allow the Councilmembers an opportunity to state whether there are any of these items which you wish to have removed from the consent agenda approval and to have them discussed and acted upon separately by the Council. The consent agenda for this meeting consists of the following RCAs: D-1 Approval of Minutes D-2 Extension of Joint Powers Agreement Between the City of Rochester and MHFA for the Administration of the Housing Tax Credit Program D-3 IBM Credit Union Skyway Connection Agreement D-4 Request for a Public Hearing/Consider the Issuance of an Abatement Order for the Properties at 1950, 2024, 2032, 2048 8'/2 Street SE "131-5 Licenses, Bonds, and Miscellaneous Activities D-6 Approval of Accounts Payable D-7 Request to Schedule a Public Hearing/Consider Issuance of Tax Exempt Health Care Facility Revenue Bonds on Behalf of Mayo Foundation D-8 Accept the Bid for the Biosolids Injector D-9 Library Reorganization D-10 Appointment to Rochester Civic Music Board D-11 Permit #3473 —Civic Music/Civic Center D-12 Annexation Petition #01-14 by Graham Properties Limited Partnership to Annex 109.88 Acres of Land Located West of Eastwood Golf Course, South of Highway 14 and North of Eastwood Road SE D-13 Detemtination by the Council Under Provisions Analogous to Section 60.150 Whether to Process an Excavation Activity Proceeding as Part of the GAC Theater Project Adjacent to the North Shopko Site as a Substantial Land Alteration D-14 Local Law Enforcement Block Grant Program/Application and Acceptance of Funds D-15 Consideration of Public Utility Board Action D-16 Development Agreement — Spruce Meadows —D-17 Development Agreement — Fox Hill D-18 Owner Contract — Water Main & Hydrant to Serve Merchants National Bank, Norwest Plaza (J9800) D-19 Owner Contract — Basic Construction in Fox Hill Subdivision (J9814) D-20 Stormwater Management Agreements �D-21 Professional Services Agreement/Preparation of Addenda to the Rochester Surface Water Management Plan D-22 Award of Contract/Reconstruction of Cascade Street NW from 9d Avenue NW to 18d Avenue NW (J9612) L,JUNCIL ACTION: Motion by: second by: to: Request for Council Action Approval of Consent Agenda Items July 2, 2001 Page 2 D-23 Advertise for Bids/Curb, Gutter, & Overlay on Green View Drive SW, Green View Place SW, and Green Field Lane SW (J9541) D-24 Award of Contract/Traffic Calming on Fox Valley Drive from 23 d Avenue SW to Salem Road (J9777) D-25 Traffic Signal at West Circle Drive & North Frontage Road TH 14 (J6381) D-26 Parking Restriction/2 d Avenue SW/1400 Block D-27 Parking Restriction/2100-2200 Blocks of 2"d Street SW COUNCIL ACTION REQUESTED: Motion to approve consent agenda items. REQUEST FOR COUNCIL ACTION ►/ MEETING ` DATE: 7/2/01 AGENDA SECTION: Consent Agenda ORIGINATING DEPT: City Administrator ITEM NO. J - —.A DESCRIPTION Extension of Joint Powers Agreement between the City of Rochester PREPARED BY: and MHFA for the administration of the Housing Tax Credit Program T. Spaeth There is presently a Joint Powers Agreement between the City of Rochester and the Minnesota Housing Finance Agency (MHFA) for the year 2001 Tax Credit program wherein the MHFA reviews and scores applications for housing tax credits based upon the City's Qualified Allocation Plan, and handles the compliance monitoring of those projects that are approved by the City. MHFA in return, will collect the application and scoring fees from the applicants to cover their expenses. The reason for this agreement is to provide a greater efficiency by having the applicants work directly with MHFA staff, rather than through the sub-allocators (such as City of Rochester) for application for tax credits and the day to day program administration. This arrangement has worked out well for the past several years, and staff is seeking Council approval to extend the terms of the Joint Powers Agreement for the 2002 tax credits, with the same terms as the present agreement. COUNCIL ACTION REQUESTED: Adopt Resolution to approve an amendment extending the term of MHFA Housing Tax Credit Administration Joint Powers Agreement for 2002 and directing Mayor and City Clerk to execute amendment on behalf of the City of Rochester. . wUNCIL ACTION: Motion by Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 7/2/01 AGENDASECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda Administration D -3 ITEM DESCRIPTION: IBM Credit Union Skyway Connection Agreement PREPARED BY: Doug Knott O IBM Mid America Employees Federal Credit Union is the owner of the former Odd Fellows Building located at 23 2Id Street SW. They wish to connect their building to the skyway system. The proposed connection will occur at the rear of the building and would open into the concourse that runs between the Galleria and US Bank buildings. Our original skyway agreement with BGD5 obligates BGD5 to permit the connection provided that IBMCU has entered into a skyway connection agreement with the City. Among other things, the skyway agreement must provide for a connection fee and for the equitable sharing of operation and maintenance costs. BGD5 must also approve the location of the connection (which they have done). The agreement terms summarized below are consistent with the City's adopted skyway policies. 1) IBMCU must provide BGD5 and the City with a copy of the plans and specifications for the skyway connection for review and approval. 2) IBMCU will be charged a connection fee of $17,538.00. The fee is established by City policy and is based upon the Assessor's estimate of market value of the connected building times one and one-half percent. Upon collection, the fee is to be divided equally between the City and BGD5 (the same ratio as the original construction cost). 3) IBMCU will pay a pro-rata share of the operating and maintenance costs for the First Avenue and alley skyway bridges based upon the formula contained in the City skyway connection policy. 4)) The agreement will run for a term equal in length to the BGD5 skyway agreement. Council Action Requested 1) Adopt the prepared resolution approving the IBMCU skyway connection agreement and authorize signing by the appropriate officials. 2) Authorization for the Development District Administrator to review and approve IBMCU's connection plans. L,vUNCILACTION: Motion by: second by: to: are ida ling Patients ncounter street and iges on and yo downtown to ongoing fiction. 9ullding SW Hilton Bldg -Tff'III .. SW Hospital W CENTER ST ff Kehler CeriterSt Par ked°Peiking Ramp rr T : t .;: 3 iebens Rocheste N Marriott aPlummer N [us Bank L Downtown Bus Stop 201 ( Bldg. A c r @1L Op Ion Hilton Hotel t Une Wey C ace Marquettzn' ' BI dg Holiday 26d: Inn Sire! Park Chamber R8m =111 IM i e,a,ne. . � a June 13, 20t11 Mr. Doug Knott Development Administrator City Hall 201 4th Street Southeast, Room 266 Rochester,' Minnesota 55904 Re: IB\l Credit Union/IOOF Building HG1 Commission Number 1692-014-00 Dear Doug: 1CR I'I1:R'S DI ItB('I' DIAL '50-j 281-8632 Pursuant to our recent conversation regarding the IBM Credit Union GOOF) Building at the northeast comer of 1" Avenue and 2' Street Southwest, I am writing to confirm the intended use of the building with respect to the proposed skyway connection. The Owner intends to occupy the 2nd and 3rd floors at the south end of the building, about 1600 square feet on each level. The offices located on these floors will not have a direct business function with respect to the IBM Credit Union customer service business on the fast floor, and therefore will not require a direct interior connection. 'isle balance of the second floor, about 4,800 square feet, will be meeting space for lease. An existing access easement through the Brackenridge Skyway Plaza on the east will be maintained (copy attached). The first floor is presently occupied by 4 tenants, one of which is the IBM Credit Union. The leases on these spaces expire at various times within the nest five years. Until such time as the First floor can be remodeled, the skvwav connection to the first floor will be in the form of the existing south stairway leading directly to the street. The accessible route connecting the street and skcvway levels will be provided via the existing skyway system and the existing elevators within the network. As the tenant situation changes, and IBM Credit Union plans to occupy more of the building. Skyway connections and connection to all floors will be coordinated with your office to assure all conditions have been addressed. We respectfully request approval of a skyway connection from the City of Rochester. Please contact me if further information is required to process our request. Sincerely, GREEN AND ABRAHAMSON, INC. MA cc: -Taul Horgen, Steve Spohn, IBMCU Hal Henderson, HGA Ilamniel. Green and A6r3hamsan, Inc. 202 lst Avenue SW - suite 200 • Rochester, Minnesota USA 55902�3129 Te l e pe o me 507. 281. 8600 Facsimile 5 0 7 . 2 8 1 . 8 6 8 8 visit our Website-: www.h9a.com l�Chafoulias Companies June 6, 2001 City of Rochester Attn: Doug Knott 201 Fourth Street SE Rochester MN 55904 Re: IBM Credit Union Building 2nd Street SW and 1" Avenue SW Dear Mr. Knott: Pursuant to the agreements of BDG5 Limited Partnership with the City, BDG5 has been asked to consent to IBM Credit Union's application to access the Skyway directly from their building located at 2"d Street SW and 1" Avenue SW. Pursuant to our agreements with the City, we hereby consent to such connection by the IBM Credit Union, subject to the following: The fee is mandated by our agreements being paid by the Credit Union and distributed to BDG5 and the City of Rochester pursuant to such agreements. IBM Credit Union executing a Skyway Agreement. 3. IBM Credit Union agreeing to pay its proportionate share of the upkeep of the Skyway. If you need further information from me, please advise. BGDS Li d Partnership Gus A. Chafoulias Chafoulias Companies PO Box 249 Rochester, MN 55903 (507) 289-5556 Fax (507) 289-0238 i� Architecture i Engineering i Fi ann in9 May 16, 2001 Mr. Gus Chafoulias Chafoulias Companies P. O. Box 249 Rochester, Minnesota 55903 Re: IBM Credit Union Building 2nd Street SW and 1 st Avenue SW HGA Commission Number 1692-011-00 Dear Gus: WRITER'S DIRECT DLU (507 281-8601 On behalf of the IBM Mid America Employees Federal Credit Union, I am requesting your review and approval of a skyway connection for the IBM Credit Union building (formerly the International Order of Odd Fellows - IOOF - building) located at 2nd Street Southwest and 1" Avenue Southwest. The IBM Credit Union would like to open up the north wall on the second level to gain access to the skyway system. The opening would be directly across from the Eastwood Bank entry. In order to do so, the credit union understands that they must enter into a Skyway Connection Agreement with the City and gain your approval for the connection. In addition to other terms and conditions included in the Citv's Skyway Plan and Policy, and various individual skvwav agreements, the IB\I Credit Union understands the following provisions shall apply to parties desiring to make a skyway connection: 1. The connecting party will be responsible for reimbursement of a portion of the capital costs associated with constructing the skyway bridges. The reimbursement shall be based on an amount equal to 1 1 /2% of the connecting buildings estimated market value as determined by the County Assessor's records at the time the request for the connection is made. 2. The connecting party will be responsible for a pro rata share of the skyway bridge operating and maintenance costs. The pro rata share will be determined by dividing the gross square footage in the connecting party's building by the total gross square footage which can be served by the skyway bridges which most directly benefit the building. Hammel, Green and Abrahamson, Inc, 202 1st Arenue SW - Suite 200 • Rochester, Minnesota USA 55902-3129 Telephone 507.281.8600 Facsimile 507.281.8688 Visit our Website: Www-hila.com i�I Mr. Gus Chafoulias May 16, 2001 Page 2 We respectfully request your approval of the skyway connection and access. Sincerely, HAAM/MEL, GREEN j�AND � ABRAHAMSON, INC. Hal L. Henderson, AIA Principal cc: Paul Horgen, IBM Credit Union Steve Spohn, IBM Credit Union i Doug Knott, City of Rochester Steven Kvenvold, City of Rochester Mark Jasmin, HGA r.\ 1600\ 1692\011-00\comet-des\Conn\hlh l.doc;tab REQUEST FOR COUNCIL ACTION MEETING 1 5 / DATE: 7/2/01 AGENDASECTION: ORIGINATING DEPT: IT�O. Consent Agenda Building Safety ITEM DESCRIPTION: Request for a Public Hearing to Consider the Issuance of an PREPARED BY: Abatement Order for the Properties at 1950,2024,2032,2048-8 1/2 Street SE Ron Boose The Rochester Building Safety Department desires to commence an abatement action against the properties located at 1950-2024-2032-2048-8 %: Street SE in the City of Rochester. The properties appear to have been abandon and were placarded as unfit for human habitation on May 17, 2001. The county records identify the owner to be Mr. Pat L.arrison with a last known address of 1559 Wilshire Drive NE, Rochester, MN 55906. Minnesota Statues, Chapter 463 provides a procedure by which the owners of a property can be ordered to repair or remove conditions or structures that are determined to be hazardous. By statue a hazardous building or hazardous property means any building or property, which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health. This department believes that the properties currently meet this definition. The first step in this process is a determination by the council that the conditions amount to a hazardous building or hazardous property. This determination can be made following a public hearing at which public comment can be received. The council has used the public hearing process in previous abatement matters. The council will also have to consider what actions on the part of the owner will be sufficient to make the property non- hazardous and what amount time will be allowed for the owner to take these actions. COUNCIL ACTION REQUESTED Schedule a public hearing for July 16 2001, at which time the council will receive comment on the issue of whether the properties at 1950-2024-2032-2048-8 %2 Street SE in the Eastwood Village Apartment complex in Rochester are hazardous as defined by state law. Direct the City Clerk to publish notice of this hearing one time prior to the hearing and send notice to the owner at his address above. COUNCIL ACTION: Motion by: second REQUEST FOR COUNCIL ACTION MEETING II - DATE: 7/2/01 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: CITY CLERK ITEM NO. _ 1 1 CIA DESCRIPTION: LICENSES, BONDS & MISCELLANEOUS ACTIVITIES PREPARED BY: DONN.AJSCHOTT 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 — 3.2% OFF SALE Wal-Mart Stores, Inc DBA Wal-Mart Supercenter 41971 3400 55' St NW Rochester Mn 55901 DANCE — SINGLE Aviary Restaurant Malibu Mania Parking Lot Party 7/20/01 4320 HN�y 52 North Rochester, Mn. 55901 PLUMBING Precision Plumbing & Heating 845 22nd St SE Rochester, Mn 55904 SEWER & DRAINS Precision Excavating,Inc. 1909 Bear Ct SE Rochester, Mn. 55904 SOUND AMPLIFICATION Local 21 Hotel, Hospital, & Restaurant Union PO Box 847 Rochester, Mn 55903 Raffle Peace Plaza 7/9101 5:00 PM to 7:00 PM ....UNCIL ACTION: Motion by: second by: to: 1 " LICENSES, BONDS AND MISCELLANEOUS PAGE 2 July 2, 2001 5th Annul Juvenile Diabetes Golf Tournament 8/11/01 Northern Hills Golf Course Dinner & Music after Golf 6:30 PM to 10:00 PM 600 3')" St Ln NW Rochester Mn 55901 Khin Soue Wedding 7/6/01 4:00 PM to 10:00 PM 600 33`d St Ln NW Rochester, Mn 55901 Aviary Restaurant Malibu Mania Parking Lot Party 7/20/01 8:00 PM to 10:00 PM 4320 Hwy 52 North Rochester, Mn. 55901 (Please Waive 8:00 PM Time Period) Gay Lesbian Community Services Pridefest Celebration 7/21/01 9:00 AM to 6:00 PM Central Park Rochester, Mn. 55901 African American Community Committee Multi -Cultural Back to School Picnic 8/19/01 8:00 AM to 8:00 PM Eastwood Park Rochester, Mnn. 55901 MISCELLANEOUS Original Annual Toy Run 8/18/01 Marine Corps Toys for Tots Program Start at Harley Davidson (Hwy 14 E) to Wal-Mart S. (Hwy 63 S) Rochester, Mn 55904 Rochester Jaycees Kiddie Parade 7/4/01 10:00 AM Central Park Down I n Ave to YMCA Ironwood Springs Christian Ranch Wheelchair Race 7/7/01 5:00 pm to 8:00 PM Start & Finish at Lourdes High School COUNCIL ACTION REQUESTED A motion to approve the above licenses, bonds and miscellaneous City Activities. July 2, 2wl Rochester City Council Rochester, MN Dear Council Members, Best Western Soldiers Fielcl Tower & SllitP5 D-� I am writing you on behalf of the Best Western Soldiers Field and the Shady Hill Tree Top Lounge. The Tree Top Lounge is our third floor outdoor patio that is open Friday nights in the summer time (weather permitting) from 5:00 pm to 12-00 am. This summer we are having alive DJ play music at the Tree Top from 7:00 pm to 11:00 pm, and we would like to apply loran amplified noise permit for these times. The Tree Top Lounge will be open only until Labor Day weekend Thank you for your time and considerations! Sincerely, Mike Craft Bar Manager Shady Hill Grille & Tree Top Lounge Best Western Soldiers Field Tower & Suites /o ,ac RW-j • and t 1 noise_ eShRnfs o a ,m 401 6n S;reei 5_W Boches+e' Minoespts. (507) 258-2P77 Fax (50- VH2-2042 1-300-3H--2357 REQUEST FOR COUNCIL ACTION C�MEETING DATE: 7/2/01 AGENDA SECTION: Consent Agenda ORIGINATING DEPT: Finance Department ITEM NO. D .-6� ITVV 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 $2,903,220.02. Less: Any exceptions UNCIL ACTION: Motion by Second by: to: REQUEST FOR COUNCIL ACTION MEETING / DATE: 7/2/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. r Consent Agenda / Routine Business Items Finance Department , ZEM t t tzal DESCRIPTION: Request to Shedule a Public Hearing to Consider Issuance of Tax PREPARED By: Exempt Health Care Facility Revenue Bonds on Behalf of Mayo Foundation Dale Martinson The City received a request from representatives of Mayo Foundation to schedule and hold a public hearing at the City Council's regular meeting of August 6, 2001. The purpose of the hearing is to consider their proposal that the City issue tax exempt revenue bonds in an approximate aggregate principal amount of up to $250,000,000 ($250 million). The requested financing would be used to a) continue their "Practice Integration Project" (Gonda, and expansion/remodeling of existing facilities in downtown Rochester), b)acquisition and construction of a parking ramp at 3 d Avenue NW and I" Street NW, and c) expansion of the Corporation's steam capacity facilities at 233 3`d Street NW (RPU/Mayo Project). If approved at the hearing, these bonds would be considered "limited obligations" of the City. Repayment of the bonds and any interest on the bonds would be payable solely from the revenue pledged by Mayo Foundation for repayment. No bondholder could ever require the City to use its taxing powers to repay the bonds. We would, again, obtain "issuers" bond counsel,. separate from Mayo's bond counsel to protect the City's interest in this financing. This issue would also cause the City to exceed the $10 million annual limit on issuance of "bank qualified" tax exempt debt. The City will also require an agreement that would specify reimbursement to the City for any higher interest costs we might incur for non -bank qualified debt in the issuance of bonds for our own capital improvements. The preliminary application is on file with the office of the City Clerk. A representative from Mayo Foundation, will be available at the hearing to address any questions that may be raised. Recommendation: Adopt the attached resolution calling for a public hearing on August 6, 2001 to consider issuance of tax- exempt revenue bonds on behalf of Mayo Foundation and directing the City Clerk to publish notice of said hearing in the City's official newspaper. �,uUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 7/2/01 AGENDA SECTION: Consent Agenda ORIGINATING DEPT: Finance Department ITEM NO. a ITEM DESCRIPTION: Accept the Bid for the Biosolids Injector PREPARED BY: Jennifer King The Water Reclamation Plant requests that the one bid received from Ag-Chem for the Biosolids Injector be accepted by the City Council. The bid amount for the unit is $215,429.00. This unit was budgeted in the 2001 Equipment Revolving budget. This unit is a specialized piece of agricultural equipment and only one vendor is known to be able to meet the specifications and requirements necessary for this unit. COUNCIL ACTION REQUESTED: Accept the bid for the Water Reclamation Plant Biosolid Injector vehicle that was submitted by Ag-Chem. Authorize the Mayor and City Clerk to sign a contract for the purchase of this vehicle. T —,)UNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING d // DATE: 7/2/01 AGENDASECTION: Consent ORIGINATINGDEPT: Human Resources ITEM O. / ITEM DESCRIPTION: Library Reorganization PREPARED BY: Linda Gilsrud The Personnel Advisory Committee (PAC) met on June 27 to review the proposed Library organizational changes based on a Library task force's review of findings as reported in the Himmel and Wilson Study commissioned in 2000. The PAC recommends approval of the following Library organizational structure changes: -Add two additional FTEs (Clerk Typist and Automation Services Associate) -Approve reclassifications of present positions to create a Communications Manager, Volunteer and Training Assistant, and Automation Services Coordinator -Approve the review of two reclassifications based on job content evaluation results to come: Library Assistant 2, Reserves to Library Associate 1, Circulation Services Library Assistant 1, Acquisitions, to Library Assistant 2, Acquisitions/Public Services Council Action Requested: Request a motion approving Library organizational structure changes stated above as approved by the Personnel Advisory Committee COUNCIL ACTION: Motion by: Second by: to: �I 101 SECOND STREET SE ROCHESTER, MN 55904 507/285-8000 FAX 507/287-1910 Memo To: Stevan Kvenvold From: Audrey Betcher Date: June 12, 2001 Subject: Proposed Organizational Changes GGe/, In 2000 the Library asked Himmel and Wilson, Library Consultants, to www.arochestecmn.ushbrary look at a number of aspects of library service. With two administrative .` positions open (the Director and the Circulation Services Manager) the board felt that the structure of the organization should be looked at as part of the study. Upon completion of the report, the board asked a team of board and staff members to look over the organization structure recommendations and propose detailed changes. The committee recommendations are outlined below. Letters correlate the narrative with the spreadsheet. All proposed costs are shown as if the position was filled starting January 1, 2001. If all proposed changes had occurred on January 1, 2001, the total cost of the proposal in 2001, including estimated benefits, would be $12,505. New Authorized Positions: A. Create a Clerk/Typist position for the Office. Turn in unbenefitted hours to help pay for the position. B. Add a new position of Technical Associate at AFSCME Grade 7. With our expanding reliance on technology for both the public and staff, we need an additional staff person to work on the infrastructure. Additional Temporary Hours C. Add page hours for the Reader's Service Division. Downgraded Open Positions D. Downgrade Assistant Director position and hire a Head of Communications who will be responsible for public relations, marketing, and will be a liaison to the Friends and Foundation. E. The existing Library Associate lI position in Adult Services will be downgraded to a Library Assistant lI position in the Communications Department which will be responsible for volunteer and training coordination and will work 20 hours per week on a public desk. The volunteer coordination responsibilities were removed from, the Head of the Extension Division. F. Duties are being shifted in Technical Services resulting in a part-time Library Associate position downgraded to a part-time Library Aide U. Reclassifications G. At the time that the Library Associate I position in Readers Services opens,'that position would be reclassified to a Librarian I and additional duties of collection development would be added. H. In evaluating the correct placement of the Technical Associate position on the scale, it was determined that the Technical Coordinator position, which is currently at AFSCME Grade 7 was not classed properly. Human Resources recommended placement at RPEA, Management 1, Grade 2. I. Additional responsibility would be added to a Library Assistant H to manage the patron registration and overdues area. The position will be reclassified to a Library Associate I. J. Library Assistant I will be reclassed to a Library Assistant H to accomplish better distribution of workload. Change in Responsibility, but No Change in Classification K. The Circulation Services Manager retired at the top of the scale. The position will be filled, but a new hire will come in at a lower salary. L. The current Head of Extension will become the Head of Reader's Services. She gives up the Volunteer Coordination and Friends liaison _and picks up responsibility for the Fiction, Movies and Music desk. 2001 Budgeted Amount 2001 Propose( Costs A. Clerk Typist/Office (NEW), AFSCME, Grade 1, Step A/Propose turning in unbenefitted hours to fill this position 25,611 Library Assistant 20 hrs/wk, unbenefitted 14,801 Library Assistant new starting 7/1 , 20 hrs/wk, unbenefitted 3,877 B. Technical Associate/Automation NE 36457 C. Pages 312 hrs /NEW - for new Readers Services Division 2,075 D. Assistant Director current) vacant), RPEA, Management 1, Grade 9 64,843 Head of Communications, RPEA, Management 1, Grade 43,459 E. Library Assoc it downgraded to a Library Assistant It level 32,413 Volunteer and Training Coordinator, AFSCME, Grade 2 27,823 F. Library Assoc 702 hrs Downgraded to Library Aide II 442 hrs 8,396 3,509 G. Library Associate I, AFSCME, Grade 3 / At such time as the Library Associate position becomes vacant it is proposed to be reclassified to a Librarian I, AFSCME grade 5 ($33,067). This position would retain and expand responsibilities in Young Adult Services 35,413 35,413 Librarian I , AFSCME, Grade 5 H. Technical Coordinator currently at AFSCME grade 7, step F ($46,529); would move to step G $48,854 on 12/01101. 46,821 48,854 I. Library Assistant II currently at step D ($32,212)1Proposed reclassification to Library Associate I, step D ($34,975). This position, picks up the remaining duties of registration and overdues from the Library Associate I, Young Adult Services. - 31,633 34,975 J. Library Assistant I currently at AFSCME, Grade 1, Step C ($28,235), eligible for step increase on Aug 16/Proposed reclassification to Library Assistant II, step D $32,212 28,765 32,212 K. Circulation Services Manager current) vacant). 54,139 37,596 L. Librarian III 1 49,0391 49 039 t ORGANIZATIONAL TASK FORCE REVIEW OF HIMMEL & WILSON RECOMMENDATIONS RECOMMENDATIONS SERVICE POINTS ITEMS FOR FURTHER STUDY ROCHESTER PUBLIC LIBRARY - PROPOSED STRUCTURE ROCHESTER PUBLIC LIBRARY - EXISTING STRUCTURE ORGANIZATIONAL STUDY - STAFFING RESOURCES ROCHESTER PROFESSIONAL EMPLOYEES (RPEA) PAY GRID - 2001 AFSCME PAY GRID - 2001 30 ORGANIZATIONAL TASK FORCE REVIEW OF HIMMEL & WILSON RECOMMENDATIONS 1.2 Staffing levels in Automation Services should reflect the increasing importance of technology to the library. The division should be enlarged to include at least one additional full-time equivalent technician and a full- time web developer. Recommend a full-time technician at a Library Associate I pay level. 5.2 The Library should replace the current Assistant Director's position with a non -supervisory professional (MLS) position which could be characterized either as the "Training and Project Coordinator" or as the "Internal Affairs Coordinator". This individual filling this position would report to the Director and serve in a dual capacity of Project/Team Coordinator and Staff Training/Quality Service Coordinator. Have proposed a Library Assistant II level position which will handle coordination of library -wide activities with an internal focus including volunteers, training, general staff meetings, and the general staff manual. After much discussion we felt the coordination was the piece missing, not the training itself. The responsibility for the content will remain with Administrative Team and the individual divisions. 5.3 The supervisory position previously held by the current Acting Assistant Director should either be relocated to the Business Office or should be connected to the Director's office upon the incumbent's retirement. The position might be characterized as the "External Affairs Coordinator". A new job description should be written to include public relations, Friends liaison, Foundation liaison, and volunteer coordination. While the person filling this position would occasionally represent the library, the Library Director would continue to be the primary "face of the library" in the community. The External Affairs Coordinator would serve more in a behind -the -scenes coordination role. Have proposed moving the vacant Assistant Director position to the office as Head of Communications at a Rochester Public Employees Association (RPEA) Management 1, Grade 7 pay level. This position will handle coordination of activities with an external focus: Friends Liaison, Library Foundation Liaison, Planning/Coordination of Off -site Events, Programming Coordinator, PR/Marketing, Library Newsletter articles, etc. 5.4 The Library should merge the current Extension Services Division with the Adult Fiction/AV section into a structured Readers'/Media Services Division that includes Adult Fiction, Fiction Audiovisual, Young Adult, Bookmobile, 3l and all other extension services (deposit collections, etc.) The current Head of Extension Services position and the balance of the Extension staff would be moved to this Division. The deletion of Friends and volunteer activities from the Extension Head's duties would allow for a greater emphasis on young adult and outreach efforts. Have proposed creating a Readers Services Division which will combine the Fiction, Movies and Music Desk, Readers Advisory, Selection, and Young Adult functions from the Adult Services Division and the Bookmobile/Outreach Delivery functions. This new division will be headed by Kim Edson, Librarian III. 5.5 A "pure" Circulation Services Division should be created to include all materials check -in and shelving, all adult circulation, and adult registration. Have proposed creating a Circulation Division from the functions remaining in Adult Services: check-in/check-out, registration, overdues, and reserves. The vacant Circulation Services Manager position will be filled. 3a ORGANIZATIONAL TASK FORCE RECOMMENDATIONS The Organizational Task Force has been meeting since January and offers the following recommendations for your consideration. The cost of these recommendations for 2001 is $12,505 more than already budgeted. We figured on the high end in terms of insurance benefits and also that the positions would have been filled for the entire year. We worked within our resources to re -align priorities. This proposal does not solve all staffing issues, however we tried to fill the most pressing staffing issues in the most economical and efficient way possible. Remove volunteer and Friends Liaison activities from the current Extension division. Create a new Readers' Services Division. This division will provide selection and readers' advisory services for the adult fiction, young adult, feature film, and recorded music collections. Also included in this division are bookmobile services, homebound services, outreach deposit collection services, and programming for adults and young adults. The head of this division, Kim Edson, has overall responsibilities for the fiction, YA, feature film, recorded music, and bookmobile collections. Beth Warfield will select from the children's review magazines new children's books for the bookmobile, and Louise Moe will do the same for the bookmobile's adult nonfiction collection. The Readers' Services Division will be staffed by Kim Edson, Librarian III; Lynette Diekmann, Library Associate I; Kari Carlson, Library Associate I; 16 hours/week of Beth Befort, Library Assistant 11 from Technical Services; 6.5 hours of Sarah Waletzki, Library Associate I from Technical Services; 6 new page hours; and the existing bookmobile staff consisting of Marge Brumm, Library Associate I; Karyn Smith, Library Assistant I, Priv Domeier, Library Aide 11; Joan Runkle, Driver/Librarian; Ken Dose, Saturday Driver; and 18 hours of page staff. It is also recommended that the current Library Associate I position be upgraded to a Librarian I level when the position becomes vacant. Until that upgrade occurs, Beth Nienow will provide selection for the recorded music collection. Create a Circulation Division from the functions remaining in Adult Services: check- in/check-out, registration, overdues, and reserves. The vacant Circulation Services Manager position will be filled. Reclassify Deanna Hahn from a Library Assistant II to a Library Associate I since she will assume new duties overseeing the registration and overdues functions currently handled by Lynette Diekmann. At this time, we do not have enough staff to cover existing desk schedules, however it is our recommendation to move the check-out desk function to the circulation desk and to move three self -check machines to the current check-out desk location, which should allow fewer people to be scheduled to work the desk during slower times and make up the 33 deficit in this manner. Move the vacant Assistant Director position to the office as Head of Communications at a Rochester Public Employees Association (RPEA) Management 1, Grade 7 pay level. This position will handle Friends Liaison, Library Foundation Liaison, Planning/Coordination of Off -site Events, Programming Coordinator, PR/Marketing, Library Newsletter articles, etc. Marilyn Campbell, Library Associate I, currently does the majority of the desktop publishing and the proposal will have her position take on even more responsibility for this. To free up time for this, some duties will move to a new Library Assistant I position in the office. The hours for this will be covered by the current 20 hour temporary position and a 20 hour temporary position which was to start in July. The rationale for asking for a full- time authorized staff member is the type of duties being performed and the timelines necessary. The new Library Assistant I position will also have 10 hours/week at the Circulation Desk. The Library Associate II position will move to the office at a Library Assistant II level. This position will handle volunteer coordination, training coordination, general staff manual/meetings, and will have 20 hours/week at the Circulation Desk. The Himmel & Wilson study pointed out the need for more staff in the automation area, and our proposal includes a new Technical Associate position in Automation at an AFSCME Grade 7 pay level. The tasks for this position will include network and server troubleshooting and some web design. While reviewing the pay grade for this position it was determined that the Technical Coordinator position was in the wrong classification and should be reclassified to RPEA, Management 1, Grade 2. The currently vacant 13.5 hour Library Associate position in Technical Services will be filled at a Library Aide II level at 8.5 hours per week. The Library Assistant I in acquisitions will be reclassified to a Library Assistant II. This would make all Assistants in Acquisitions at the same classification and interchangeable so that each Assistant could work on books or AV items, whichever is needed. Some tasks in TS will be reallocated within existing TS staff to accommodate children's cataloging. Special projects and grants coordinated previously by the Assistant Director will be assigned based on the focus of the project. For example, a project dealing with special populations will be coordinated by Readers' Services. A library -wide project with an external focus will be coordinated by Communications. The Library Assistant I I position in the office will coordinate internal projects, although some projects may be coordinated by individual divisions. Who is "in charge" when the director is absent? This recognizes that, of course, the Director and Assistant Director have both been absent from the building at the same time in the past. Since there is no longer an Assistant Director position, the person in charge of the building is the senior AT member in the building and will determine who speaks for the organization with the understanding that the Head of Communications is the primary external contact. ORGANIZATIONAL TASK FORCE ITEMS FOR FURTHER STUDY Items discussed of interest that may need to be looked at in the future, but not as part of the organizational structure at this time; there was consensus that these seem to be process improvement rather than organizational structure: Materials Handling check -in shelving Children's fine payment/Children's circulation functions two areas that take a great deal of staff time need to be de-emphasized and made self-service: children's CD-ROM stations and PCs for wordprocessing. magazine processing/ordering potential for change with Reserves/ILL Philosophically agreed that all cataloging and processing should be in Technical Services. It is a resource issue that isn't as simple as it looks at first glance Computer Training Lab Items not checking out on the self -check machines Materials donation process The following matters will be referred to the Facilities Task Force as part of our recommendations: There was consensus that the check-out and circulation services desk function could happen at one desk with facility changes that would include making the self -checks more obvious, having a place for reserves, and making the entrance inviting. Discussed the philosophy of adding Children's pure circulation functions with the Adult circulation functions. This will require further study on the implications of staffing, layout, etc., and, if implemented, will require modifications to the circulation services desk. Location of word processing PCs. 35 ORGANIZATIONAL TASK FORCE REVIEW OF SERVICE POINTS After grouping functions together, we discussed service points. The service points currently existing in the main library: • Reference Desk (Information Services) • Magazine Room (Information Services) • Reference/Reader's Advisory/Circulation (Children's) • Check-out Desk (Adult Services) • Public Services Desk (Adult Services) • Fiction, Movies & Music Desk (Adult Services) • Bookmobile (Extension) With the new grouping of functions and discussing how resources would be allocated, the recommendation is to lower the number of service points by 1. The new allocation would be as follows: • Reference Desk (Information Services) - functions remain as existing. • Magazine Room (Information Services) - functions remain as existing. • Reference/Reader's Advisory/Circulation (Children's) - functions remain as existing. • Circulation Desk (Circulation) - Move all adult circulation functions to one desk and have self -checks where check-out desk is currently located. • Fiction, Movies & Music Desk (Readers' Services) - functions remain as existing. • Bookmobile (Readers' Services) - functions remain as existing 3�o � 1ON rvro ammm rnMOMrWovvVm nec nmmrn rlcVnW rnmrvlA Inmvrn f rv� rnrnoa+ron nmolnMrmnlnoe vW mrWn vrinmv rnv�m mo v v WtA Wolnmrein IA lnrnmnrorlAo mn vnrr nrvr vnMv mO M o NO W W NOrnVnlA NnmmOfOr 01AnmOrvNOlry Ar N1n lnNmmmlOAnm np> mm nVOV nV1[I IAA NOmM01 nmmpl 0� NWmO �D �Dbn r01 W r tOm A m �, rr Q 0 WtD O V wmmmM nNWAArV NWMO V m NVOA VoA WN NMAV oA r y � mvmnVOy Wrnn , rMWrNO�MN�n Wn AOimr Omw mi OIV VOAi No00 IAV V�WYi H� 0n OA W01 VCVVIANNUt00Wb VIwInr nen']VV mNnmm YMJW NIO NNmW N Q WOf ArNWO1NW OI CIO OIO VOi0001O Vh WWOOi NO�Yf O��D rO�rr m�O W Q� �yJ A �}VIAMr00 O�AOWVQIOVNNW IA NNrO OnrrY] OWV WW p�W mOf YAW WmAOi WAV V WrIAWrV N n WmV m mMW W 0 OMTA mN V N ~ WV NWIA OIAMN ny WAWONIAW r1A Oh OmOn NOIV OW NIAWW OIN N to WA VNmnnmO� �Y<VVNhNhWm nA nnvV WWAWW NNmN V�AWW V Q MN VVWVVIAN �OVANnLLi CiNn01W WNAW NWNW�1 VO O�W w AW OrWNIAm OINrWM on NM rMNN "NMV NNMW AWm n OIW nO r Or M,MN"WO OIOnNNWn rNWWrVmArrO Wr wwr, O�YION MoMN NWrWr 1 moM Anww N nN OAnWM001 NnV NnWOMmO�M WV mn Nmnv rnMWV Wmnnmcc NIA IAN 0000 VNNm mn 41[f W10AWW VV VVVIAVoow r' 0 0 > 0 z Q h a M CL,W r z z z z NNANO z ONmmnIN'i OVVOa�mw�o Qyp NWIA IA Q'nm WNWNWM"mi MO�W�MMVyAy�V'fWOrnm �ImAN aN ~OiW�AN ~TNn� JIND�AO p ~ N ~Om yWW wq YMi�Y nw w�I�OWnVNmmpyryWO OVVVVVVONNYIW wAN owm ZmVAO �hWAAW �VNhh UVIAhW N ZnNmmAAm ONnMV W o Z z z h- W ui Z z a O m O m C7 pQ w f U W w X OQ ~ W a R r Q AN og,vw NW rnWOlmoMomrnalA NV WN—M Owwol mmmm rnn W'A w w N wm WAND VrWNn NhOn NWnh Q W Wm OAWMOION WMmMnNn OrWNA00M,on OIOrNMIAA OfNV� w1A W nNlAmmnW nV V V V V V VIA mn NnnM ImAbWnW VhY1N VVhh r 6 VYi NOWWNWM �onOmmnaoinna Oar Oi tO AtO W�flA �1m OWrO f`r q V uJ AnOAmA001W WO NOMQ! nrmlAO MN W ~ OOnhnNm =WMWVONmOh ON NrM WboNo vm nNVn ng2mw o Nn VVhh VVNY Am WW NMMM ow r ANVMWrO V01r rNMO�MrrM WOo WrYV Nmoow MA Vr q4 nM 00 �_ no NNMWVhO� MyMVhNW OIM tDONVIA 1A00M OOWMVNVOr0 nW mm hhH OmOVVV bbhbV NQWn r0 W O y0y _ aa} �� p Z NW no NIA wwA �nnMvvvvv0 wo NMMM owwAF eVV10n 9 rN rNmvnwA rNMVNWAWTOr rr rN rNMV rNnVN rNnV rNMV i J Qan zZzzzz2 rrrrrrrr NN V1N V1N NNNN NN N Q QQ WWWWWWW �iii�:Eiffff if 0000 00000 0000 r-F- 37 2001 APPENDIX "B" Pay Job Description A B. C D E F G H Grd Start 6 mo 1 yr 2 yrs 3 yrs 4 yrs 5 yrs 6 yrs 1 Library Assistant 1 25,611 26,892 28,235 29,674 31,128 32,684 34,320 36,036 Clerk Typist 11 Library Assistant 11 27,823 29,216 30,675 32,212 33,819 35,510 37,286 39,149 III Library Associate 1 30,214 31,723 33,310 34,975 36,723 38,561 40,486 42,510 Account Clerk Sr. Clerk Typist Data Entry/Prog. Insurance Clerk IV Library Associate 11 31,494 33,067 34,721 36,457 38,280 40,193 42,203 44,315 Librarian I/Driver V' Secretary 1 33,067 34,721 36,457 38,280 40,193 42,203 44,315 46,529 Librarian I Account Technician V1 34,721 36,457 38,280 40,193 42,203 44,315 46,529 48,854 VII PC Support 36,457 38,280 40,193 42,203 44,315 46,529 48,854 51,299 Technician AFSCMELocal31901/31/001:15 PM 30 ._J / REQUEST FOR COUNCIL ACTION MEETINGATE:G AGENDA SECTION: ORIGINATING DEPT: CONSENT anizational Business Mayor's Office �.I DESCRIPTION: Appointment to Rochester Civic Music Board TE C. I D PREPARED BY: Mayor Canfield I hereby submit for your approval the following appointment to the Rochester Civic Music Board: Phyllis Berman 2224 Viking Drive NW Ms. Berman will fill the vacancy in the Sixth Ward. The three year term will run to December 2003. uOUNCIL ACTION: Motion by: Second by: El %laNm Chuck Canfield him 201 Ith Sued Ski Ro,)m 281 ut: aaeeu e ❑n Rochestet NIN > )904-3782 Phimr: (507- '85. 8080 ! n -i0i i 2S7.7979 CIT. OF ROCHESTER VOLUNTEER APPLICATION ADDRESS: PHONE: eus.oU5 soya ' a 939 DO YOU RESIDE WITHIN ROCHESTER CITY LIMITS? YES ✓ NO PLACE OF EMPLOYMENT: (.�.f\tPrC; �Ll\� � t�nfi--' I P.M, SEEKING VOLUNTARY SERVICE oN ( _y �-{c_; (., ) Z/,yt_� �jCiCij d e -F7 e Nr.4 c2 CA , ACHIEVEMENTS, PREVIOUS EMPLOYMEN'_, COMVUTNITY INVOLVEMENT; Attach additional info::Ration, if desired. (), q e, -�T-c(rn t:. lin Lie(so:vlOr f\ - }act c. r, -ot'C0-4r-e- r\"uxJr r;;, CLrY c! 75 ^c.i� i ram« SU_'.^-TTED:_SIGNED: Return to: Office of the Mayor 201 4th Street SE Rochester, MN 55904-3?°2 •♦*..**.*k..*****t1♦**v.,k***w**1v****I..*..***f*..*.**U*♦.**w*** DATE 0" A?PGiNTYE):T: TEPM X? ^_,HEP. DATA: REQUEST FOR COUNCIL ACTION MEETING DATE: _ -.z -vl AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT Civic Music I I �,d DESCRIPTION: PREPARED BY: PERMIT #3473 - CIVIC CENTER Steven Schmidt Rochester Civic Music will present the majority of its 2001/02 Riverside Live! events in the Mayo Civic Center Presentation Hall. Civic Music pays market rates for use of Civic Center facilities, $1,350 daily rental for performances and $100 daily rental for rehearsals during 2001/02. In addition, Civic Music pays prevailing market rates for required staffing including, but not limited to, IATSE stagehands and riggers, ushers and ticket takers, and ticket sellers. In addition, the department pays prevailing market rates to rent Civic Center equipment including, but not limited to, in-house sound systems and equipment, in-house theatrical lighting systems and instruments, pianos, and staging. The use of Civic Center facilities and equipment is governed by a permit document issued by the Board of Park Commissioners to be executed by the Executive Director of the Mayo Civic Center. Civic Music has added an addendum to Permit #3473 that calls for RCM to have exclusive rights to sell artist products including, but not limited to, recordings, compact discs, cassette tapes, souvenir books, novelties, etc. The provision calls for neither the Civic Center nor its Concessionaire(s) to benefit from the sale of any such artist products. The proceeds from the sale of such products help Civic Music defray the cost of programming events at the Civic Center. The document has been reviewed and approved as to content by Civic Music's General Manager and to form by the City Attorney. Action Requested: That the Council approve and the Mayor and City Clerk be authorized to execute Permit 93473, an agreement made by and between the Board of Park Commissioners and Rochester Civic Music. COUNCIL ACTION: Motion by: Second by to: REQUEST FOR COUNCIL ACTION MEETING ` DATE: 07-02-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. r'nNSENT AGENDA PLANNING �(�J I A DESCRIPTION: Annexation Petition #01-14 by Graham Properties Limited Partnership PREPARED BY: to annex 109.88 acres of land located west of Eastwood Golf Course, south of Highway 14 Theresa Fogarty, and north of Eastwood Road SE. Plannerj'Lj� June 28, 2001 Planning Department Recommendation: See attached 'staff report, dated June 28, 2001. As part of the Orderly Annexation Agreement, property taxes payable on annexed land shall continue to be paid to the Town of 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 $200). The resolution and a copy of the Joint Resolution shall also be sent to the Town of Marion and the Olmsted County Auditorrrreasurer. Attachments 1. Staff report, date June 28, 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, July 2, 2001 in the Council Chambers at the Rochester 1 Olmsted County Government Center. 7. McGhie & Betts, Inc. COUNCIL ACTION: Motion by: Second by: to: M�W� 0 A -e ' . r 1 I I $$ kR � 1 S1 S x � '} sl • � 1 v AL- —— x�.rx� . our Yal• [ I McGhie Betts,mc. CERTIFICATE OF SURVEY PART OF S. 1/6EC. 6-106-13 ROCHESTER-OLNISTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 • Rochester, 1 55904.4744 couxrr OF TO: City Council FROM DATE: www, olmstedcounty.com/planning Theresa Fogarty, Planner June 28, 2001 .OF; R�CHF.tiTE R.Jp.11f k,f Teo:.a i�c�s�• . RE:Annexation Petition #01-14 by Graham Properties Limited Partnership to annex 109.88 acres of land located west of Eastwood Golf Course, south of Highway 14 and north of Eastwood Road SE Planning Department Review: Applicants/Owners: Location of Property: Existing Land Use: Size: Existing Zoning: Future Zoning: Graham Properties Limited Partnership 20 Second Avenue SW Rochester, MN 55902 The property is located west of Eastwood Golf Course, south of Highway 14 and north of Eastwood Road SE. This property is currently undeveloped land. The property proposed for annexation is approximately 109.88acres. The property is zoned A-4 (Agricultural Urban Expansion) on the Olmsted County zoning map. Upon annexation, -the property will be zoned R-1 (Mixed Single Family Residential) district on the Rochester zoning map. L_an_ d_Use Plan;_- This property is designated for "low density residential" uses and "medium density residential' on the Rochester Urban Service Area Land Use Plan. The "medium density residential' designation is in the northwest portion and northeast portion of the site Adjacency to the Municipal Limits: The property is adjacent to the city limits along the its northerly, eastern and a portion of the southern boundaries. Sewer and Water: Municipal sewer and water will be available to serve this area. The Rose Harbor High Level Water System service will be available to the upper portions of this property and the Main Level Water System service is available to the lower portion of this property on the north side of Highway 14, adjacent to the NW corner. BUILDING CODE 507/285-8213 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 507/285-8224 �,..,,.,.PLANNING20NING 507/285-8232 • WELUSEPTIC 5071285-8345 FAX 507/287-2275 �.w AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 Annexation #01-14 June 28, 2001 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: Townboard review is not required for this annexation. Referral Comments: 1. Rochester Public Utility Department— Water Division 2. Rochester Public Works Department Report Attachments: 1. Annexation Map 2. Location / Marion Township Orderly Annexation Area #2 Map 3. Referral Comments (3 letters) Staff Recommendation: 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. 4 ROCHESTER Mnne3ota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur Date: 6/27/01 DEPARTMENT OF PUBLIC WORKS 2010 Street BE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-261-6216 The Department of Public Works has reviewed the requested application for Annexation #01-14 on the Graham Properties LP (p/o Sect 6, Marion) property. The following are Public Works comments on the proposal: 1. This property can be served by municipal sanitary sewer & water. C:llempNANNX01-14 Graham Properties LP Sect 6 Marion.doc rpu we pledge-, we deliver June 26, 2001 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Annexation #01-14 by Graham Properties Limited Partnership to annex 109.88 acres of land located west of Eastwood Golf Course, south of Hwy 14 and north of Eastwood Rd. SE. Dear Ms. Gamess: Our review of the referenced petition is complete and our continents 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. Rose Harbor High Level Water System service will be available to the upper portions of this property with the completion of the Rose Harbor Water Quality Protection Project. Main Level Water System service is available to the lower portion of this property on the north side of Hwy 14 adjacent to the NW comer. 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, ..,,��'' 061JA RSQQAA..V SLI Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention McGhie & Betts, Inc. Graham Properties, LP Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 REQUEST FOR COUNCIL ACTION MEETING DATE: 7-02-2001 aENDA SECTION:ORIGINATING CONSENT DEPT: Ilj— PLANNING ITEM NO. � - i3 PREPARED BY: Phil Wheeler, AICP ITEM DESCRIPTION: Determination by the Council under provisions analogous to Section 60.150 whether to process an excavation activity proceeding as part of the GAC Theater project adjacent to the North Shopko site as a planning Director substantial land alteration. June 27, 2001 Background: GAC, LLC, Inc., is applying for approval of excavation of the adjoining hillside associated with a proposed theater site. The determination of whether or not this excavation meets the definition of "substantial land alteration" is based on Section 62.1101 (2) a and 62.1101 (2) b, which distinguishes between "substantial land alteration" and "quarry." That distinction in "quarry" part is based on the height of exposed bedrock slopes. When a slope exceeds 25 feet in height, the site becomes a by ordinance definition. Administering this section of the ordinance requires making an interpretation of how slopes should be measured when they are separated by intervening benches,. Staff and the City Attorney are of the opinion that such cuts should be treated as one single cut whenever the overall slope exceeds a 3:1 slope. Furthermore, the City Attorney indicated that the ordinance definition of a "quarry" is satisfied when several cuts occur resulting in exposed rock face in excess of 25 feet in height. The City Attorney concluded that, despite the developer's attempt to "zig-zag" the cuts to the hillside, this excavation constituted a "quarry" and needed to satisfy all of the resulting requirements (zoning, neighborhood meetings, etc.). The proposed finished grade for the GAC Theater property consists of approximately 60 vertical feet of exposed bedrock separated by two, nearly horizontal benches, 10 feet in width. The benches interrupt the 60' vertical cut so that there are two 24 foot segments and one 12 foot segment interrupted by the two benches. The applicant's engineering firm, McGhie and Betts, Incorporated, has been proceeding with site design and grading plans under the Impression that staff has concurred with their interpretation that the proposed excavation is a substantial land alteration, because the height of individual exposed edrock faces is each under 25 feet. The applicant bases this impression on meetings they have had with the staff and on the ;suance of grading permits by the Public Works Department involving their review of the finished grade. While Planning staff does not recall having agreed to this interpretation of the relevant provisions of the Land Development Manual, the stiff did not identify the potential discrepancy and call it to the applicant's attention until well into the application process. Discussion Section 60.150 of the Land Development Manual states that "Where a landowner has, In good faith and in reliance upon a permit issued in error, begun construction, the matter shall be referred to the Council for disposition.' The "permit" referred to in this paragraph refers to permits related to administration of the Land Development Manual (LOM). Even though no LDM permits have been issued to this case, it is clear that the applicant had the impression that their proposal met applicable ordinance definitions, at least, and proceeded with their planning and site work under that impression. Planning staff arguably erred in failing to call to the attention of the applicant the fact that the excavation work being contemplated goes beyond the ordinance definition of "substantial land alteration." Recommendation If the Council concurs that there is grounds for treating this matter under the provisions of Section 60.150, it should direct the staff to continue processing the application for a "substantial land alteration." In addition, to avoid future similar problems, the Council should direct the staff to clarify the language of the sections of the ordinance distinguishing "quarry" from "substantial land alteration." Council Action Needed: 1. If it determines that there are grounds for proceeding under the provisions of Section 60.150, the Council should pass a motion directing the staff to continue processing the application for excavation work associated with GAC Theater as a "Substantial Land Alteration" and directing the Planning Department and City Attorney to prepare ordinance amendments clarifying the distinction between "quarry"and "substantial land alteration"in the Land Development Manual. COUNCIL ACTION: FBy:LMotion — Seconded By: Action'. REQUEST FOR COUNCIL ACTION MEETING 5 --5 / DATE: 7/2/01 AGENDA SECTION: ORIGINATING DEPT: ITEM O. CONSENT AGENDA POLICE .. ' I DESCRIPTION LOCAL LAW ENFORCMENT BLOCK GRANT PROGRAM PREPARED BY: Application and Acceptance of Funds Roger Peterson The Mayor and Police Department seek approval to apply for and accept a Local Law Enforcement Block Grant in the amount of $67,520. The Department of Justice has awarded the community this amount pending final application and review of the proposed use of these funds. The purpose of the grant program is local crime prevention activities. Some of the local requirements for the receipt of the grant are as follows: The City as the grantee is to establish an Advisory Board to make recommendations for the use of the grant funds. The Advisory Board Members for the grant are: Chairman - Roger Peterson, Chief of Police Local Prosecutor - Dave Goslee, Deputy City Attorney Local Law Enforcement Representative - Darrel Hildebrant Local Public School System Representative - Dennis Johnson Local Court System - Charles Kjos, Court Administrator Local Non -Profit Group - Don Dallman, Rochester Olmsted County Safety Council The City is also required to hold a public hearing to discuss the proposed use of the funds. cal match for the grant of approximately $7502 is required. Funding should be authorized the Contingency Account. COUNCIL ACTION REQUESTED: Approval to apply for and accept the Local Law Enforcement Block Grant award of approximately $67,520. Approval of the local match of approximately $7502. UNCIL ACTION: Mofion by: second by to: Meeting REQUEST FOR COUNCIL ACTION Date 7/2/01 3ENDASECTION ORIGINATING DEPT: IT O� CONSENT =.ochester Public Utilities ITEM DESCRIPTION: PREPARED BY: Consideration of Public Utility Board Action Kathy Wilson The Rochester Public Utility Board has approved the following on June 27, 2001 and requests the Common Council's favorable consideration: to approve a resolution to approve a contract agreement with Ulteig Engineers, and that the Common Council authorize the Mayor and the City Clerk to execute the agreement for professional engineering services for the transmission line Q1 upgrade and Eastside substation design. The amount of the contract agreement not to exceed $400,000.00, and Ulteig Engineers being lowest responsible bidder. - to approve a resolution to approve a purchase order agreement with Dakota Minnesota and Eastem Railroad Corporation for a license agreement for the transmission line Q1 upgrade. The amount of the purchase order to be $84,480.00. to approve a resolution to approve a purchase order agreement with United Conveyor Corporation for the purchase of a bottom ash paddle mixer/unloader. The amount of the purchase order agreement to be $44,060.00 and United Conveyor Corporation being sole source. to approve a resolution to approve a steam supply project between Rochester Public Utilities and the Mayo Clinic. Based on the engineer's cost estimate, the amount of the project to be $9,136,500.00. The expenses related to the Silver Lake Plant revisions ($4,410,850.00) will be recovered with a capital recovery charge built into the steam rate. The piping delivery system costs ($4,725,650.00) will be a pass .. through and billed directly to Mayo as the expenses are incurred. GENERAL MANAGER: / x� 4G/, /,I 3UNCIL ACTION: Motion by: Second by: to: 5 69 i FOR BOARD ACTION Agenda Item # 3 Meeting Date: 6/27/01 SUBJECT: Contract for Engineering Services Transmission Line Q I Upgrade and Eastside Substation PREPARED BY: Greg Woodworth <'uv Engineering Managers ` ITEM DESCRIPTION: In December, 2000 the Board approved an agreement with Xcel Energy to upgrade the 161kV Q1 transmission line connecting Silver Lake and Chester Substations. The agreement stated that NSP/Xcel would pay $1.87 million to RPU and we would upgrade Q1 in order to increase the capacity of the line. The upgrade was ordered by the Federal Energy Regulatory Commission (the FERC) as part of the NSP- New Centuries Energy merger that formed Xcel Energy. NSP paid RPU the $1.87 million on December 31" of last year. RPU planning studies have indicated for the last 10 years that additional substation capacity would be required to serve new load on the east side of Rochester. With the high rate of development and load growth in the Century High School area, a new substation is budgeted to be constructed along the current Q I route. We have sought three proposals from engineering firms to design the Q1 upgrade and the new eastsid substation. The three engineering firms contacted have all done work for RPU in the past. Th, engineering service proposals cover both the Q 1 upgrade and the design of the new substation. The estimated totals for the proposals ranged from $400,000 to $485,000. Ulteig Engineers of Minneapolis submitted the $400,000 proposal and has performed work for RPU since 1980. The proposed engineering services contract would provide services on a time and material basis. The $400,000 estimate is based on a detailed and agreed -to scope of services for both the line and the substation. The project proposal, proposed contract for engineering services, a description of the services, and the billing rates are attached. The agreement is the standard professional services agreement that we have used in the past and has been reviewed by the City Attorney's office. UTILITY BOARD ACTION REOUESTED: It is recommended that the Board request the Common Council to approve a contract agreement with Ulteig Engineers, Inc not exceed $400,000 to provide professional engineering services per the attached proposal for the Transmission Line Q 1 Upgrade and Eastside Substation design. 4 GaIe7 Ge ral Manager ate 57 FOR BOARD ACTION Agenda Item# 4 Meeting Date: 6/27/01 SUBJECT: License Agreement DME License for the Q 1 Upgrade PREPARED BY: Greg Woodworth Engineering Manager ITEM DESCRIPTION: 1611V transmission line QI is currently in the railroad right-of-way for roughly 95% of its current route from Silver Lake to Chester Substations. The Ql upgrade consists of demolishing the current line, reconstructing and reconfiguring the transmission lines in the existing railroad right-of-way in two phases. Due to the nature and extent of the changes to the transmission lines in the right-of-way, a new license is required. The DME's standard license fee is based on a per foot charge, which in this case calculates to S84,480. This is the usual and customary charge for this type of license. UTILITY BOARD ACTION REQUESTED: It is recommended that the Board request the Common Council to approve a license agreement with Dakota Minnesota and Eastern Railroad Corporation in the amount of $84,480 for the Q1 Transmission Line Upgrade. Ge ral Manager Date 5Y LICENSE AGREEMENT #052401 DAKOTA, NUWESOTA & EASTERN RAILROAD CORPORATION, hereinafter referred to as "Company", hereby licenses the City of Rochester acting through its Public Utility Board, hereinafter referred to as 'Licensee', subject to the terms and conditions hereinafter set forth, to construct, install, maintain and use an overhead Q1 power line, hereinafter referred to as 'Facility", upon and across the right- of-way and property and under or over the tracks of the Company near MP 44.4 to MP 48.9, Rochester, Minnesota, pursuant to request of the Licensee and in accordance with the plan and in the location shown in yellow on map dated May 24, 2001, attached hereto, made a part hereof, for the sole purpose of supplying electricity. The Company may, at its option and without liability to the Licensee, revoke this license at any time by giving written notice thereof to the Licensee if the Licensee shall violate or breach any of the following terms and conditions: The Licensee will procure all necessary public authority for the construction, installation, maintenance and use of said Facility and use said Facility in conformity with all requirements of public authority. 2. The Licensee will pay all taxes and assessments that may be levied or assessed against said Facility 3(a). Said Facility shall be constructed, installed and maintained by and at the expense of the Licensee, in a manner satisfactory to the Company. 3(b). The Company shall have the right at any time to judge the necessity of repairs to said Facility. The Licensee will, within ten (10) days after written notice, make all necessary repairs at its expense. 3(c). If, at any time the Company judges it necessary to change the location, elevation or method of construction or installation of said Facility, the Licensee will do so at its sole expense. 4. Right of entry will be granted by the Company's representative upon request from the Licensee or its contractor after the Company has received a copy of the Railroad Protective Liability Insurance Certificate from the Licensee or its contractor and has notified the Licensee or its contractor of approval for said insurance. Said insurance limits shall be $6,000,000.00 aggregate limit and $2,000,000.00 each occurrence. 5. The Licensee agrees to pay the Company $15.00 per protective train order, per day, issued by Company, for each train passing through or affected by said construction area when work performed by Licensee or its contractor is within scope stated herewith: A. Men, equipment, material, structures or any other obstructions are placed within 25 feet laterally of the centerline of track; B. Men, equipment, material, structures or any other obstructions working or placed at any distance vertically from top of rail of said track, within 50 feet laterally of the centerline of said track; C. Protective train orders shall be issued until completion of construction to the satisfaction of Company's Engineering Department. D. Work outside of 25 feet from track centerline will be covered by protective train order. 6. The Licensee or its contractor agrees to pay the Company the actual costs of flagging services work performed by the Company in manner stated herewith: A. Flagging services performed per day - $300.00 or actual expenses, incurred by Licensee; 5 I B. Flagging services required when men, equipment, material, structures or any other obstructions are placed within 25 feet laterally of the centerline of track; C. Flagging services required when men, equipment, material, structures or any other obstructions are working or placed at any distance vertically from top of rail of said track within 50 feet laterally of the centerline of said track; and D. Flagging services are required on days of active construction by Industry or others at said location. 7. The Licensee or its contractor agrees to notify the Engineering Department of the Company (605-697- 2,434) 48 hours prior to commencing any work on Company right-of-way. 8. In case of an emergency call 605497-2414. A copy of this agreement must be in the contractor's possession while performing work on job site and the contractor must be prepared to produce it upon proper demand. No work will be permitted if a copy is not available upon demand. 9. The Licensee assumes and agrees to protect, indemnify and hold harmless the Company, its officers, agents, employees, invitees and other licensees, from and against any and all claims, demands, suits, liability and expense by reason of loss or damage to any property whatsoever or injury to or death of any person whomsoever, from any cause whatsoever, arising or growing direct or indirectly out of said Facility. 10. This License is personal to the Licensee and is not assignable or transferable without the written consent of the Company. 1 I . For the privileges herein permitted, the Licensee shall pay to the Company a one-time fee of Eighty Four Thousand Four Hundred Eighty Dollars and no/100 ($84,480.00). IT' WITNESS WIIEREOF, this instrument is executed at Brookings, South Dakota this a } day of, r 2001. ATTEST: DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORA VP ransportanon & Engineering The undersigned, the Licensee mentioned in the foregoing License, ACCEPTS the same subject to the terms and conditions therein stated. CITY OF ROCHESTER By: Its Mayor By: Its City Clerk By: Its City Attorney M ROCBESTER PUBLIC UTILITIES Its General Manager (¢ \052401) /,aU FOR BOARD ACTION Agendaltem# 6 Meeting Date: 6/27/01 SUBJECT: Silver Lake Power Plant Purchase of Bottom Ash Paddle Mixer! Unloader PREPARED BY: Wally Schlink, Manager of Power Production ITEM DESCRIPTION: Bottom ash is one of the primary waste products remaining from the combustion process of burning coal. This ash is collected in special removal equipment in the boilers and transported into a central storage vessel where it is contained until it can be loaded into trucks and transported for disposal. Ash is fine in nature and must be mixed with water to contain the fugitive dust when transported. It is also susceptible to fugitive dust emissions during the unloading process. Environmental regulations and our operating permit require us to take steps to control fugitive dust emissions and bottom ash is included in that category. The specific equipment used to perform the unloading function and comply with the regulations is a paddle mixer ! unloader in which the ash is combined with water and conveyed into a discharge chute for transfer into the disposal vehicle. The existing unloader is the original equipment supplied with Unit I in 1949 and is no longer providing satisfactory service from either an operational or environmental perspective. Staff recommend the purchase and installation of a new paddle mixer / unloader from United Conveyer Corporation (UCC). RPU staff will install the equipment during the fall outage period. UCC is the original equipment manufacture of the bottom ash system and the sole source for the replacement component. UTILITY BOARD ACTION REQUESTED: Staff recommends that the Board approve a resolution requesting the Common Council to approve a purchase order with United Conveyor Corporation to provide the services and materials as defined in the proposal for a price of $44,060.00. Rev«ued u-lc�-o� wn�- - t alo Gen al Manager Date ( rr / Agenda Item # 7 SUBJECT: PREPARED BY: ITEM DESCRIPTION: FOR BOARD ACTION Meeting Date: Mayo Steam Sale Project Approval Wally Schlink, Manager of Power Production 6/27/01 The Mayo Foundation has been going through a period of tremendous growth and expansion of physical facilities in Rochester. Mayo's campus energy needs have grown concurrently with the physical expansion of their facilities. As early as 1989, the long-range utility supply plans have recognized the potential for a partnership between Mayo and RPU to supply steam from the Silver Lake Power Plant to the Mayo campus to meet the future energy requirements. In 1997, staff from both organizations started informal discussions on a potential steam sale project. With the construction of the Gonda Building and the continued growth of the campus, Mayo staff received approval this spring to begin formal negotiations for steam service. The project scope is comprised of the following main components: • Purchase and install valves, piping, meters, controls and steam conditioning equipment to interconnect the SLP units into a single steam supply line • Extend high pressure steam supply piping and condensate return piping from SLP to the Mayo Prospect Utility Plant • Purchase and install water treatment equipment and facilities • Enter into a professional services agreement to provide architectural and engineer services for the project. Preliminary engineering design and basic financial justification were presented to the Utility Board at the May 2001 meeting and the Board voiced its support of continuing with project development. RPU staff is working on several fronts addressing permitting, design, budget, contract language, physical installation and operating issues. The projected commercial date for the project is December 2002 to meet the winter heating demand. The critical path items at this time are environmental permitting, completing design engineering and completing a steam sale purchase contract. The engineer's cost estimate (attached) for this project totals $9,136,500 and includes the work at Silver Lake Power Plant and the steam piping and condensate delivery system. The expenses related to the Silver Lake Plant revisions ($4,410,850) will be recovered with a capital recovery charge built General Manager Date ■ FOR BOARD ACTION Agenda Item # 7 (cont. ) Meeting Date: 6/27/01 into the steam rate. The piping delivery system costs ($4,725,650) will be a pass through and billed directly to Mayo as the expenses are incurred. It is anticipated that outside funding will be procured in a form recommended by bond counsel, financial advisor or similar. UTILITY BOARD ACTION REQUESTED: It is recommended that the Board approve the identified scope of installing a steam supply system to the Mayo campus, including: 1. Project budget based on engineer's estimate 2. Investigation of financing options. Staff will return for approval of major purchases and contracts as required. ,�s/ D Date REQUEST FOR COUNCIL ACTION MEETING Co.S AGENDA SECTION. CONSENT AGENDA ITEM DESCRIPTION: ORIGINATING DEPT: Public Works Agreement — Spruce Meadows DATE: 7/2/01 ITFM MQ. _' �� PREPARED BY40 M. Nigbur r The Owner/Developer of the Spruce Meadows area, located along 11" Avenue SW, and City Staff have had discussions relating to impacts of the development of the remaining lands in the approved General Development Plan on the surrounding infrastructure. Based on the discussions, the content for a development agreement has been decided and a document has been created. The major items covered in the agreement include the following: • Pedestrian facilities within and abutting the development. • Dedication of right of way. • Traffic Improvements including access control, signage and trip limitations. • Construction of off -site improvements needed for the development of the property. • Owners payment of the assessments, development/connection related charges including SAC, WAC, and Storm Water Management. Staff recommends the Council approve the Development Agreement. The Owner has executed the agreement. i ls_ WN 0 20th Street COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the Development Agreement for the Spruce Meadows Development with Americanna Realty. COUNCIL ACTION: Motion by: second by. to. -� REQUEST FOR COUNCIL ACTION MEETING CO / / DATE: 7/2/01 AraFNDA SECTION: CONSENT AGENDA ITEM DESCRIPTION: reement — ORIGINATING DEPT- ITEM NO. Public Works D — 1 PREPARED BY: M- Nigbur The Owner/Developer of the Fox Hill area, located along Fox Valley Drive SW, and City Staff have had discussions relating to impacts of the development of the remaining lands in the approved General Development Plan on the surrounding infrastructure. Based on the discussions, the content for a development agreement has been decided and a document has been created. The major items covered in the agreement include the following: • Pedestrian facilities within and abutting the development. • Dedication of right of way. • Traffic Improvements including access control, signage and participation in the neighborhood traffic calming measures. • Declaration/maintenance agreement for the management of the openspace. • Owners payment of the assessments, development/connection related charges including SAC, WAC, and Storm Water Management. • City shall cancel all existing pending, deferred, and active assessments and replace them with those that are outlined in the agreement. Staff recommends the Council approve the Development Agreement. The Owner has executed the agreement. COUNCIL ACTION REQUESTED: (V Authorize the Mayor and City Clerk to execute the Development Agreement for the Fox Hill Development with John Klopp. COUNCIL ACTION: Motion by: second by. to. REQUEST FOR COUNCIL ACTION MEETING DATE: 7/2/01 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: Public Works ITEM NO. ) 8 J . ITEM DESCRIPTION: Owner Contract — Watermain & Hydrant to Serve Merchants PREPARED BY: er National Bank — Lot 4, Block 1, Northwest Plaza (J9800) M. Baker Staff would offer the following Owner Contract project for consideration by the Council: Merchants National Bank of Winona (Owner) & Fraser Construction (Contractor) are requesting a City / Owner Contract J9800 consisting of "Watermain & Hydrant to Serve Merchants National Bank (Lot 4, Block 1, Northwest Plaza Subdivision)". 551h ST N w s dry -own" cm ct J8 rch rtlwnie National nk COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9800. "Watermain & Hydrant to Serve Merchants National Bank (Lot 4, Block 1, Northwest Plaza Subdivision)" %.JUNCILACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING �' DATE: 7/2/01 AGENDA SECTION: ORIGINATING nEPT, ITEM NO, CONSENT AGENDA Public Works -- I ITEM DESCRIPTION: Owner Contract —Basic Construction in Fox Hill Subdivision PREPARED BY (J9814) M Baker Staff would offer the following Owner Contract project for consideration by the Council: Wynnwood Company (Owner) & Elcor Construction (Contractor) are requesting a City / Owner Contract J9814 consisting of "Basic Construction in Fox Hill Subdivision". E s Y d o U ° ti a a 44 � ro f COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9814 "Basic Construction in Fox Hill Subdivision" COUNCIL ACTION: Motion by: second by: to REQUEST FOR COUNCIL ACTION MEETING DATE: 7/2/01 AGENDA SFCTInN: ORIGINATING DFPT: ITEM NO. CONSENT AGENDA Public Works —a O ITEM DESCRIPTION: STORMWATER MANAGEMENT AGREEMENTS PREPARED By� l5 � M. Baker 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: • Rouhoff Commercial Building (Lot 2, Block 1, West Century First Replat) (SDP#01-29) $ 5,526.22 • Resurrection Evangelical Lutheran Church (p/o Lot 1, Block 1, Moehnke's First Subdivision (SDP#01-42) $ 1,227.03 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. COUNCIL ACTION: Motion by: second by to REQUEST FOR COUNCIL ACTION MEETING DATE: 7/2/01 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT• Public Works ITEM NO. ,-� ITEM DESCRIPTION: Professional Services Agreement for Preparation of Addenda to PREPARED BY: kJ . the Rochester Surface Water Management Plan B. Huberty In 1997, Rochester's Surface Water Management Plan (SWMP) was completed by the engineering firm Bonestroo, Rosene, Anderlik and Associates. At that time, coverage of the SWMP was limited to the core areas of the City and the immediately adjacent urbanizing areas in the 25-Year Urban Service Area. Since that time, additional geographic areas have been added to the Urban Service and Reserve Areas for which sewer service extension planning and construction is underway. As a result, the commensurate surface water management planning also needs to be completed. The three areas to be evaluated and added to the SWMP at this time are: 1) The Bear Creek Sewer Service Area, 2) The Northwest Territory Sewer Service Area, and 3) The Hadley Valley Sewer Service Area. The Bear Creek area surface water analysis is needed as part of the AUAR for Sewer Service District 16 in Marion Township. Because this analysis needs to be consistent with the 1997 SWMP, it was not included in the previously approved contract with Earth Tech to perform the AUAR. However. funds were earmarked in the Water Quality Protection Project (J9772) allotment for the completion of the AUAR to complete the Bear Creek SWMP addendum. The contract amount attributable to the Bear Creek portion of the project is $50,252. The completion of the SWMP is a corresponding project element to the sewer and water preliminary engineering analyses for Hadley Valley and Northwest Territory that are slated to begin in 2002. The contract amount for the Hadley Valley and Northwest Territory is $99,546 with funding to come from the Storm Water Management Voluntary Contribution fund (J2137). The SWMP contributions received from these developing areas will be directed back into J2137 to replace the funds used for these addenda. The Total Not to Exceed Cost for the entire contract is $149.798. We recommend that the Council authorize the Mayor and the City Clerk to execute a professional services agreement with Bonestroo, Rosene, Anderlik and Associates to prepare addenda to the Rochester Surface Water Management Plan: 1) to serve the Bear Creek Sewer Service Area in an amount not to exceed $50,252 (J9772) funded by the WQPP, and 2) to serve the Hadley Valley and Northwest Territory Sewer Service Areas in an amount not to exceed $99,546 funded by the Storm Water Management Voluntary Contribution fund (J2137). COUNCIL ACTION REQUESTED: Authorize the Mayor and the City Clerk to execute a professional services agreement with Bonestroo. Rosene, Anderlik and Associates to prepare addenda to the Rochester Surface Water Management Plan: . 1) to serve the Bear Creek Sewer Service Area in an amount not to exceed $50,252 (J9772) d funded by the WQPP, and 2) to serve the Hadley Valley and Northwest Territory Sewer Service Areas in an amount not to exceed $99,546 funded by the Storm Water Management Voluntary Contribution fund (J2137). COUNCIL ACTION: Motion by: second by: to: H:\stormwatcr\BRAAcontractRCA.doc REQUEST FOR COUNCIL ACTION MEETING 7-5 DATE: 07/02/01 AGENDA SECTION: i ORIGINATING DEPT: ITEM NO. CONSENT AGENDA PUBLIC WORKS '�GL i i cM DESCRIPTION: AWARD OF CONTRACT: (J9612) PR PARED BY: Reconstruction of Cascade Street NW from 9th Avenue NW to A R. Kelm 18th Avenue NW Bids were received and opened after 11:00 a.m., June 27, 2001 for the following local improvement project: Project Number M009 (J9612) Project Name Reconstruction of Cascade Street NW from 9th Avenue NW to 18th Avenue NW The following bids were received: Total Bid 1. Rochester Sand & Gravel $ 360,546.02 2. Road Constructors $ 368,157.50 Engineers Estimate $ 479,669.75 Proiect Background The project feasibility report and assessments were approved during the May 21, 2001, City Council meeting. The project, engineering and construction will be funded with Special Assessments and General Street Resurfacing funds (J-2200). This project will involve the placement of concrete curbigutter, bituminous street construction, storm sewer modifications, and associated sidewalk repairs. Proiect Recommendation: The Public Works Department recommends the City Council proceed with an award to the low bidder. Project Location - zi.! N rFvr h I �m 1H y. COUNCIL ACTION REQUESTED: Adopted a resolution awarding the contract, " Reconstruction of Cascade Street NW from 9th Avenue NW to 18th Avenue NW " (J9612) to Rochester Sand & Gravel, COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING / /( DATE: 07/02/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works ITEM DESCRIPTION: ADVERTISE FOR BIDS: (J9541) PREPARED BY: Curb, Gutter & Overlay on Green View Drive SW, Green View / R Kelm r Place SW, and Green Field Lane SW This is a request for a resolution to advertise for bids for the following project. Protect Number 7104-99 (J9541) Project Name Curb, Gutter & Overlay on Green View Drive SW, Green View Place SW, and Green Field Lane SW Protect Background The existing street'was constructed with bituminous curbing in 1971.77 & 78, At the request of the property owners an informational meeting was held on November 30, 2000. Their support for a rehabilitation project resulted in this request for preparation of the Engineer's Feasibility Report. A Project Hearing and Assessment Hearing were held by the City Council on April 2, 2001. The City Council subsequently authorized the project to be made and directed staff to complete the project design. Project Location I I COUNCIL ACTION REQUESTED: A resolution should be adopted authorizing the City Clerk to advertise for bids and conduct a bid opening on August 1, 2001 at 11:00 AM. Note to City Clerk; Advertise 3 times in the Post Bulletin and Construction Bulletin. COUNCIL ACTION: Motion by: second by to AGEN REQUEST FOR COUNCIL ACTION CONSENT AGENDA ORIGINATING DEPT: PUBLIC WORKS MEETING -)(-I' DATE: 07/02/01 ITEM NO. .b-aq M DESCRIPTION: AWARD OF CONTRACT: (J9777) PREPARED BY: Traffic Calming on Fox Valley Drive from 23rd Ave SW to Salem Rd R. Kelm !U` Bids were received and opened after 11:00 a.m., June 29, 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 $ 108,467.74 2. Elcor Construction $ 110,156.00 Engineers Estimate $ 79,267.00 Project Background The City Council approved the Project and directed Public Works staff to proceed on April 16, 2001. The original project bids were received May 30, and rejected at the June 4, 2001 City Council meeting because bids were (37%) over the Engineer's Estimate. Public works recommended re -biding, with twice the amount of construction time, for June 29, 2001. The existing 44' wide urban state aid street was constructed with sanitary sewer, watermain, storm sewer, sub drain, and concrete curbing in 1991. Project Recommendation: The Public Works Department recommends the City Council proceed with an award to the low bidder. Project Location I % xb COUNCIL ACTION REQUESTED: Adopt a resolution awarding the contract, " Traffic Calming on Fox Valley Drive from 23rd Ave SW to Salem Rd " (J9777) to Winona Mechanical. OUNCIL ACTION: Motion by: second by: to: Doug Nelson, P.E. Manager of Engineering 281-6151 (direct) 281-6216 (fax) • dnelson@ci.rochester.maus Memorandum TO: City Council Members From: Doug Nelson Date: June 29, 2001 Re: J-9777 Traffic Calming on Fox Valley Drive from 23rd Ave SW to Salem Rd 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. Bids were received from three contractors on May 30,2001. The Engineers Estimate was $69,443.00. The bids were 37% over the Engineer's Estimate and were rejected by the City Council on June 4, 2001. Based on feedback received from the contractors, they indicated one of the main reasons for the higher costs was the short timeframe to complete the project. As such, Public Works recommended we rebid the project and extend the completion date by several weeks. The Council authorized rebidding the project at the June 4, 2001 Council meeting. During review of the project as it was being rebid; quantities for some bid items were added or modified (i.e. insulation for water main, increased bituminous quantity over storm sewer pipe). This changed the Engineers Estimate to $79,267.00. Bids were received from two contractors on June 29, 2001. The low bidder was still 37% higher than the Engineers Estimate. Contractors prices remained relatively the same for both bid openings. Further discussions with the contractors stated that increasing the time did not significantly change their prices. They stated that maintaining the traffic and phasing of the work required an unusually high number of mobilizations for them and their subcontractors. For instance, the concrete subcontractor is required to mobilize a minimum of 8 times for this relatively small quantity project. We've required that traffic must be maintained at all times thus requiring the speed humps to be poured half at a time. Additionally, the bituminous prices are nearly double what we expected and three times the normal rate we are paying on other City projects. This is due to the small quantity and the number of mobilizations required. Each mobilization is a high cost item for contractors, normally spread out over larger quantities. We believe, based on this explanation and discussion with the contractors that these bids are "appropriate" for the type and nature of this work involving traffic calming projects. City of Rochester Public Works Department . DATE 06/29/01 C1 TY OF R 0 C H E S T ER PAGE 1 A 8 S T R A C T O F B I D S PR0777 M1-18 IFW TRAFFIC CALMING ON FOX VALLEY DRIVE S.W. FROM 23R0 AVE. S.W. TO SALEM ROAD S.W. ENGINEERS ESTIMATE 1 WINONA MECHANICAL 2 ELCOR CONSTRUCTION LINE APPROXIMATE UNIT UNIT UNIT NO. ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT STORM SEWER 1 TRENCH EXCAVATION FOR PIPE 241N S100.501 364.00 LIN FT 11.00 4004.00 12.45 4531.80 27.00 9828.00 & UNDER OFT TO 6FT DEEP 2 F&I 4 IN POLYSTYRENE INSULATION S100.510 384.00 SO FT 3.00 1152.00 2.00 768.00 2.00 768.00 3 FURNISH & INSTALL 121N REINFORCED S100.514 338.00 LIN FT 21.00 7098.00 23.50 7943.00 17.00 5746.00 CONCRETE PIPE CLASS 4 4 CONSTRUCT STRUCTURE TYPE 1 S100.540 8.00 STRUCTURE 1200.00 9600.00 1225.00 9800.00 1600.00 12800.00 OFT TO 6FT DEEP 5 CONSTRUCT STRUCTURE TYPE 4 (48") S100.540 1.00 STRUCTURE 1200.00 1200.00 1514.00 1514.00 1970.00 1970.00 0' - 6' DEEP 6 CONSTRUCT STRUCTURE TYPE 4 (48")- S100.540 1.00 STRUCTURE 1300.00 1300.00 1585.00 1585.00 2410.00 2410.00 6' TO 10' DEEP 7 CONSTRUCT STRUCTURE TYPE 4 (60")- S100.540 1.00 STRUCTURE 1900.00 1900.00 2728.00 2728.00 3140.00 3140.00 0' TO 6' DEEP 8 CONSTRUCT STRUCTURE TYPE 4 (60") S100.540 1.00 STRUCTURE 2000.00 2000.00 3363.00 3363.00 3800.00 3800.00 6FT TO 1OFT DEEP 9 ADJUST FRAME AND RING CASTING 2506.522 1.00 EACH 100.00 100.00 340.00 340.00 250.00 250.00 SUBTOTAL STORM SEWER 28354.00 32572.80 4071Z.00 GRADING & PAVING 10 REMOVE CONCRETE CURB 2104.501 109.00 LIN FT 7.00 763.00 5.10 555.90 30.00 3270.00 11 REMOVE BITUMINOUS PAVEMENT 2104.505 1110.00 SO YD 3.00 3330.00 1.75 1942.50 3.00 3330.00 12 SAWING BITUMINOUS PAVEMENT (FULL DEPTH2104.513 1115.00 LIN FT 5.00 5575.00 3.55 3958.25 5.00 5575.00 13 COMMON EXCAVATION 2105.501 10.00 CU YD 10.00 100.00 40.00 400.00 20.00 200.00 14 TOPSOIL BORROW (LV) 2105.525 47.00 CU YD 15.00 705.00 16.65 782.55 25.00 1175.00 15 AGGREGATE BASE (CV) CLASS 2 2211.503 32.00 CU YD 16.00 512.00 20.00 640.00 30.00 960.00 16 CONCRETE PAVEMENT (SPECIAL) 2301.604 444.00 SO YD 23.00 10212.00 42.78 18994.32 43.00 19092.00 17 BITUMINOUS STAMPING 2331.501 1.00 LUMP SUM 1500.00 1500.00 3561.00 3561.00 2200.00 2200.00 18 TYPE LV WEARING COURSE MIXTURE 2350.609 35.00 TON 55.00 1925.00 97.20 3402.00 100.00 3500.00 19 TYPE LV NON -WEARING COURSE MIXTURE 2350.609 69.00 TON 55.00 3795.00 97.20 6706.80 100.00 6900.00 20 41N CONCRETE WALK 2521.501 194.00 SO FT 4.00 776.00 4.29 832.26 3.90 756.60 21 CONC C AND G DESIGN B624 2531.501 377.00 LIN FT 12.00 4524.00 16.50 6220.50 20.00 7540.00 22 CONC C AND G DESIGN 8624 (MOD) 2531.501 41.00 LIN FT 22.00 902.00 20.90 856.90 24.00 984.00 23 CONCRETE MEDIAN (NOSE) 2531.503 36.00 SO YD 80.00 2880.00 55.86 2010.96 50.00 1800.00 24 TRAFFIC CONTROL 2563.601 1.00 LUMP SUM 3000.00 3000.00 10166.00 10166.00 3000.00 3000.00 25 PAVEMENT MESSAGE (SPECIAL) 2564.602 8.00 EACH 2O0.00 1600.00 1100.00 8800.00 750.00 6000.00 26 41N SOLID LINE YELLOW - EPDXY 2564.603 724.00 LIN FT 2.00 1448.00 1.10 796.40 .70 506.80 27 41N DOUBLE SOLID LINE YELLOW - EPDXY 2564.603 833.00 LIN FT 4.00 3332.00 2.20 1832.60 1.40 1166.20 28 12" SOLID LINE WHITE -EPDXY 2564.603 481.00 LIN FT 8.00 3848.00 5.50 2645.50 4.40 2116.40 29 SODDING TYPE SALT RESISTANT 2575.505 62.00 SO YD 3.00 186.00 12.75 790.50 6.00 372.00 SUBTOTAL GRADING & PAVING 50913.00 75894.94 70444.00 DATE 06/29/01 C I T Y O F R 0 C H E S T E R PAGE 2 A B S T R A C T O F 8 I D S PR0�777 M1-18 TRAFFIC CALMING ON FOX VALLEY DRIVE S.W. FROM 23RD AVE. S.W. TO SALEM ROAD S.W. ENGINEERS ESTIMATE 1 WINONA MECHANICAL 2 ELCOR CONSTRUCTION LINE APPROXIMATE UNIT UNIT UNIT NO. ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT GRAND TOTALS 79267.00 108467.74 111156.00 Page 1 of 1 Kvenvold, Steve From: Freese, Richard Sent: Monday, July 02, 2001 8:06 AM To: 'MLMarcoux@aol.com' Cc: Kvenvold, Steve; Nelson, Doug Subject: RE: Fox Valley Drive Traffic Calming Bid Here is the way I way I will answer that question. The total bid was $108,468. Of that amount $32,572 was for modifications to the existing storm sewer to accomodate the recommended traffic calming improvements. That leaves a balance of $75,894.94 that reflects the cost of the speck traffic calming "devices" to be constructed under the contract. Adding 9% for design and construction inspection puts the cost at $82,800. The neighborhood is assessed for 50% which equals $41,400 which is the Council approved assessment amount of $600 for the 69 property owners. -----Original Message ----- From: MLMarcoux@aol.com [mailto:MLMarcoux@aol.com] Sent: Monday, July 02, 2001 7:44 AM To: rfreese@cLrochester.mn.us Subject: Re: assessment Richard, Thanks for keeping me posted on the bids. Does your recommendation mean that the City is picking up the difference and the neighborhood assessment stays the same .... or is that number going to be reworked? Just so I know - in case I am asked. Marcia Marcoux 7/2/01 REQUEST FOR COUNCIL. ACTION MEETING 61 DATE: 7-2-01 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: Public Works ITTO.�� IlIMIDESCRIPTION: Traffic Signal at West Circle Dr (CSAH #22) & N. Frontage Rd PREPARED BY: TH 14 City of Rochester Project No. 9753 (J-6381) D. Rossman This project is in the City's Capital Improvement Program, item 14 on page 40. The intersection meets both warrant # 1 and Warrant #2 of the Mn MUTCD. The County Engineer has agreed to proceed with the project at this time with the provision that the new signal be interconnected and coordinated with the other 3 near -by traffic signals on CSAH 22. The project will be programmed for construction in 2002. Funding for the City share is Municipal State Aid Funds. Staff is requesting City Council approval of three items for this traffic signal project. 1. City -County Cooperative Agreement: A City -County Cooperative Agreement has been prepared that includes funding at 50% for both agencies, and adds the intersection to the standing City -County Traffic Signal Maintenance Agreement. 2. Engineering Services Agreement: An Engineering Services Agreement has been negotiated with the firm of Short Elliot Hendrickson Inc. (S.E.H.) for preparation of Plans & Specifications. Three firms were contacted for this work and S.E.H. is best able to meet the schedule and to provide the expertise needed for a project of the nature. COUNCIL ACTION REQUESTED: 1. Approve the City County Cooperative Agreement for City Project J-6381 and authorize the Mayor and City Clerk to sign the Agreement. 2. Approve an Engineering Service Agreement with Short Elliot Hendrickson INC of 3535 Vadnais Center Drive St. Paul Minnesota 55110-5196 and authorize the Mayor and City Clerk to sign the Agreement. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: Q-D / 7/2/01 AGENDA SECTION: ORIGINATING DEPT: ITq NO.AhM CONSENT AGENDA Public Works tV\ � 1 ESCRIPTION: Parking Restriction 2nd Avenue SW / 1400block PREPARED BY: D. Rossman The City has received a petition from 7 of the 12 residents in the 1400 block of this street, to modify the parking restriction on the west side of the street, by removing a portion of the restriction toward the south end. The restriction was installed in 1999 in response to a petition from the residents. The reason being was due to the street width, the traffic volume, and the amount of on street parking that is generated by the commercial businesses on the Eastside of the street. The pavement is 36 feet wide. The average daily traffic is around 1,800 vehicles per day. Parking was allowed along both sides of the street and was heavily used during business hours. The restriction installed reads " No Parking on Second Avenue SW on the west side of the street, from 14' Street to a point 600 feet south of 14th Street, during the hours of 8:00 am to 5:00 pm, Monday thru Saturday" Attached is a map, which shows the residents who signed the current petition. In addition, a postal survey was sent to the remainder of the 1400 block who did not sign the petition. No additional support has surfaced as a result of the postal survey. Therefore staff would recommend in favor of the residents request by removing the restriction only in front of houses # 1443 and 1449. • COUNCIL ACTION REQUESTED: Adopt the prepared resolution modifying paragraph (73) of section B "No Parking Zones' to read; (73) Second Avenue SW on the west side of the street, from 14`n Street to a point 500 feet, more or less south of 14th Street, during the hours of 8:00 am to 5:00 pm, Monday thru Saturday. ql%UNCIL ACTION: Motion by: Second by: lo. 2nd Ave SW: 1400 Black „ST SW 1208' 1 206 1409 1415� ", i � 14191 f 1425 1431 1437 ' 1443 -�-1 1449, t I ct 1 1 N Q N 0.06 0 0.06 Miles E REQUEST FOR COUNCIL ACTION MEETING DATE: 7-2-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSEN Public Works r� DESCRIPTION: Parking Restrictions: 2100 - 2200 blocks of 2nd Street SW PREPARED BY: I Rossmanr The City has received a request, from residents of Shorewood (2115 2"d Street SW), to restrict parking on the north side of 2"d Street SW (Country Club Road, CSAH 34), at the entrance to Shorewood. The reason being is for visibility, the traffic volume and speed, and the amount of on street parking occurring. The pavement on 2"d Street SW is 75 feet wide. This width allows two thru lanes in each direction, a center two-way left -turn lane along with a parking lane on both sides. The average daily traffic is around 8,900 vehicles per day. Parking is allowed along both sides of the street. Construction workers working on nearby buildings heavily use the street parking. Adjacent businesses have indicated a willingness to allow the workers to use their commercial lots, since this is a short-term problem. Staff would recommend in favor of the resident's request. In addition, staff recommends restricting parking in two turn lanes recently constructed for the Shorewood development. Staff also requests a resolution restricting parking on County Club Road from 23`d Avenue west to the City Limits. % COUNCIL ACTION REQUESTED: w \ Adopt the prepared resolution adding paragraph (.7-3) and (303.2) of section B "No Parking Zones" to read; (73) Second Street SW on the north side of the street, at all times at the following locations: a) From 23i° Avenue to a point 190 feet east of 23'd Avenue. b) From a point 60 feet west of the Shorewood driveway to a point 190 feet east of the driveway. (303.2) Country Club Road SW, on both sides of the street, from 23rtl Avenue west to the City Limits, at all times. UNCIL ACTION: Motion by: second by: to: L L BW cz IH T ro Mao ImAlam E REQUEST FOR COUNCIL ACTION MEETING v I DATE 7-2-0I AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARLNGS - Continued Item PLANNING E i i tnw ESCRIPTION: Final Plat #00-45 to be known as Century Hills Fifth PREPARED BY: Subdivision. Brent Svenby, Planner June 28, 2001 Planning Department Review: The City Council held a public hearing on this item on June 18, 2001. The item was continued so that some private roadway standards could be established for the secondary access which is required. See attached Staff Report dated June 28, 2001. 1. The applicant agrees that this subdivision will have an impact upon the City's needs for parkland and that the deferred dedication of land will fulfill the dedication obligation of this plat has stated in the June 6, 2001 memo from the Rochester Park and Recreation Department. n yt 2The fang age on the sign locate at the s condary access shall be modified to clearly identify that residential traffic, not just construction traffic, is permitted to use the secondary access. The Planning Department shall review and approve the language change to the sign. 3. That the secondary access is constructed to meet the following criteria: • The driving surface shall be paved within 200 feet of any public street intersection. • The driving surface shall be a minimum of 20 feet in width. • The design shall meet a 15 mile per hour design speed for sight and stopping distance. • The roadway shall contain adequate compacted aggregate base and surface to be passable throughout the year. u Prior to recording of the final plat documents, the applicant shall have the Public Works Department review and approve the secondary access roadway to ensure that the roadway meets the construction criteria. Council Action Needed: 1. A resolution approving the plat. 2. The Council should include a motion to adopt findings to support either approval or denial of the proposed Substantial Land Alteration Activity. 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 COUNCIL ACTION: Motion by: second by: to: NMI O QVId 1N3wdOl3A34 l I213jN3D +:3i; FFee3. )PA �• Ssiiy ���i;e _ � � _ it .I Fb� ��55. YlOS3NNlw'MS3HDO cF"r j •• is i i ?1i373I SITH,I niN3J��l j! e , 01 lax ml Ve M E M O R A N D U M DATE: July 2, 2001 TO: Mayo & Common Council FROM: Michael Nigbur :-6 Staff would request modifications to two of the conditions: 3. (first bullet) — The driving surface shall be pow4 maintained to minimize dust within 200 feet of the South end of Century Hills Drive NE. 4. Prior to the issuance of building permits, the applicant shall..... ROCHESTER PUBLIC WORKS DEPARTMENT LAND DEVELOPMENT SECTION O O m 1• ?a �e N� .tYtM f0 � n xaw O mb� .rtr[b m I_ yLRY VY J (n Vb� YI 1 .rcrrr .LK.= n gA I,-q = O N a ■ 1' s P Z .�iKM I 1LLLJ j•` Y m gq Y 0 V jNfi• mwl iL .rt,t�6 I 8 r I8 OI I� N Olbi I Jtr,a I a y b1 q m •n U s' je j'i :z}I i SlL �t g 3 j3� :• _• €' sigge eyj si� a 5�331 r `�yy Ykky�+k. s4-Cif [as,::RflsA as�aa! Easy ae@gg se sa ae ea@ a4aRYj'�Z=f [�xi y�LFr Y Z^ m O CY LfI aonn I l,C4.BSf m N M10 uamne � sysx3 m ,nnxra `� n O y p"N� H .lan,tl5a i �ti, • . -0 rNrT, �f 1,L1.BLl a31LY cfNn N ARCHITECTS June 5, 2001 Ms. Mitzi Baker Rochester -Olmsted Planning Department 2122 SE Campus Drive Rochester, MN 55904 RE: Substantial Land Alteration Century Hills 5E" Subdivision Rochester, Minnesota Dear Ms. Baker: V YAC COWY Af50C1 ACES LANDSCAPE ARCHITECTS This letter is to serve as a request for substantial land alteration approval for the above referenced final plat. The existing agricultural land will be regraded to be suitable for residential applications. Generally, the ravine will be filled to match existing grades on either side of the ravine. All graded materials will stay on -site. The grading would be completed in summer 2001 as well as the street and utilities. Generally, the site will be graded to seven percent (7%) slopes or less, except for 3:1 slopes as noted on the plan, which will be stabilized with wood fiber blanket when seeded. Please call Denny Christopherson or me if you have any questions. Sincerely, -Y]AG� _GY/-COLLBBY, �ASSOCIATES Wade DuMond, ASLA Department Head of Land Development WD YCA #7161 LD2 Attachment: Grading Plan with 10' cuts and fills marked Cross-section PLANNERS ROCHESTER OFFI 717 Third Avenue Rochester, MN 55C. 507-288-6, Fax •8-5( MASON CITY OFFI 641-424-6: DELAFIELD OFFI 262-646-6E • Equal Oppomumip- Employer yagggmm N'v9d ONIGYND ` 6 � • ez„' �"Ili{ � 3153HJON NW �k z i N MS I� g¢^ 1 V SS111HIa niN3J i�Et S pd i e 'I � •� i r 3 i � K J V xn a d w I b a a CENTURY HILLS FIFTH ROCHESTER, MN 1�25 ROCHESTER-OLAISTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 • Rochester. MN 55904-4744 c a u".. OF www.olmstedcounty.com/planning Rochester Common Council FROM: Brent Svenby, Planner DATE: June 28, 2001 oF• wocxesrea::'�!t,�Ff. DR'�JED:ACGUSK •� RE: Final Plat #00-45 to be known as Century Hills Fifth Subdivision. Planning Department Review: ApplicantlOwner: Surveyors/Engineers: Referral Comments: Report Attachments: Plat Data: Location of Property: Zoning: Proposed Development: Streets: Payne Company 1700 Northwood Drive NE Rochester. MN 55906 Yaggy Colby Associates 717 3rtl Avenue SE Rochester, MN 55904 1. Park and Recreation Department 2. Planning Department - Wetland LGU 3. Planning Department - Addressing 4. RPU Operations Division 5. RPU Water Division 6. Rochester Public Works Department 1. Referral Comments (4 Letters) 2. Approved GDP 3. Copy of Final Plat 4. SLA Map 5. Land Development Manual Excerpts 6. Photos of Secondary Access The property is located east of East Circle Drive and south of Century Hills Lane NE and Century Hills TO and 4r" Subdivisions. This property is zoned R-1 (Mixed Single Family) district in the City of Rochester. This development consists of 13.66 acres of land to be subdivided into 34 lots for single family development. This plat proposes to dedicate right-of-way for three new roadways. The first would be a southerly extension of "Century Hills Drive NE". This roadway is designed with a 66' right-of-way. Execution Of a temporary tum-aiuurtd- BUILDING CODE 507/285-8213 • GISIADDRESSING/MAPPING 5071285-8232 • HOUSING/HRA 507/285-8224 ,.....aa.,.. PLANNING/7ONING 5071285-8232 • WELUSEPTIC 507/285-6345 D FAX 507/267-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER .wu. Page 2 Century Hills 5'6 Subdivision June 28, 2001 Sidewalks: easement is required for the proposed turn -around at the southerly end of "Century Hills Drive NE". The second roadway is an easterly extension of "Oakview Drive NE". This roadway is designed with a 60' right-of-way. The third roadway known as "Century Valley Road NE" intersects into "Oakview Drive NE". This roadway is designed with a 60" right-of-way. According to the approved Development Agreement Amendment #1 with the City and as required by the Land Development Manual, Section 64.127, Paragraph 10, the owner is required and has agreed to provide a secondary access suitable to serve the development by June 15, 2001. Staff is of the opinion that the secondary access is not suitable to serve the development. Please see the attached pictures, which were taken on Wednesday, June 13, 2001. In accordance with current City policy, sidewalk is required along both sides of all of the streets in the subdivision. Drainage: The topography of this plat indicates natural drainage to the southwest. The elevations range from about 1,240' on the northeastern portion of the plat to about 1,156' on the southwestern end. Grading and drainage plans do address all of the comments expressed by the Public Works Department and will be approved if the Substantial Land Alteration is approved. Wetlands: The Soil Survey and National Wetland Indicator maps were reviewed for the presence of wetlands. The maps do not indicate the presence of wetlands on this property. Public Utilities: Sanitary sewer and water lines will be extended from their present ends to accommodate this development. The public improvement plans are approved for this development. Spillover Parking: The proposed roadway appears to be adequate to accommodate the required spillover spaces. Additional spillover spaces will likely be accommodated within the driveways. Parkland Dedication: The owner of this proposed plat will be required to dedicate .83 acres of vacant land for dedication of parkland. The City Park & Recreation recommends that dedication requirements be met via: Deferred land dedication. Land to be dedicated at the future Page 3 Century Hills 5ffi Subdivision June 28, 2001 site of the neighborhood park located south of this plat. General Development Plan: The proposed final plat is consistent with the approved Century Hills GDP. 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. D This development includes a proposal for 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 two areas of fill greater than 10 feet on lots 3 & 4 and Lots 9 & 10, Block 4. The attached letter from Wade DuMond of Yaggy Colby Associates has identified the location were the SLA is taking place. All graded materials will stay on -site and the grading work will be completed this summer. Sections 61.146, 62,1102 and 62.1105 of the LDM are attached Staff Suoaested Findings: If the City Council approves the proposed substantial land aftemation, 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 two 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 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. �! Page 4 Century Hills 5'h Subdivision June 28, 2001 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. 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 Page 5 Century Hills 5" Subdivision June 28,2001 8) Not applicable Preliminary Plat: A preliminary plat for this property was approved by the City Council on December 11, 2000 with the following conditions: 1. The Plat shall be revised: a. Providing an additional utility easement along the north side of Lot 3, Block 5 according to the memo from Rochester Public Utilities - Water Division, dated November 2, 2000. 2. Dedication of parkland be met via cash in lieu of land, with payment due prior to recording the final plat, as recommended by the City Park & Recreation Department in the attached memo, dated October 24, 2000. 3. Temporary turn -a -rounds and associated easements shall be provided for the proposed turn -around at the southerly end of Century Hills Drive NE prior to recording the Final Plat documents. 4. Stormwater Management must provided. 5. Prior to the approval of the final plat of Century Hills Fifth Subdivision, the secondary access must be passable for the residents of Century Hills. Planning Staff and Recommendation: A condition placed on the preliminary plat states that the secondary access must be passable for the residents of Century Hills prior to the approval of the final plat of Century Hills Fifth Subdivision. This condition on the preliminary has not been met. Also in the Agreement Amendment # 1 to the Development Agreement for Century Hills the owner's obligations included completion of the secondary access to serve the development by June 15, 2001. Staff took pictures of the secondary access on Wednesday June 13, 2001 and finds that the access does not appear to be suitable for the use by the residents of Century Hills and does not meet the intent of the ordinance (pictures are attached). Also a sign posted at the entrance states that it's to be used by construction traffic only. According to Section 64.127, Paragraph 10 of the City of Rochester Zoning Ordinance and Land Development Manual a secondary access is required for any low density residential development that is projected to generate more than 500 average daily trips. Where secondary access is not constructed as part of the initial phase of development, the secondary access shall be provided before the City authorizes any construction that would be projected to generate traffic in excess of 1,200 average daily trips. So far the permitted development of Century Hills is broken-down like this: q'/ Subdivision Name Number of Lots Average Daily Trips Hills First 23 230 10 trips/lot) -Century Hills Second 20 200 -Century -Century Hills Third 47 470 Page 6 Century Hills 5" Subdivision June 28, 2001 -Century Hills Fourth 27 270 Hills Townhomes 16 120 7.5 tri stlot -Century -Century Hills Townhome Supplemental 20 150 Centu Hills Townhomes Second 12 90 -Century Hills Townhomes Third 20 150 185 total # of lots 1,680 average daily trips from the development The City Council held a public hearing on this item on June 18, 2001. The item was continued so that some private roadway standards could be established for the secondary access which is required. The Public Works Department has established the following criteria for the construction of the secondary access roadway: • Paved surfacing along private secondary access within 200 feet of any public street intersection. • Driving surface width a minimum of 20 feet wide. • Must meet a 15 mile per hour design speed 1 for sight and stopping distance • Contain adequate compacted aggregate base and surface to be passable throughout the year. The Planning Staff has reviewed the submitted final plat and finds that it is consistent with the approved preliminary plat. The staff would then recommend approval subject to the following conditions: 1. The applicant agrees that this subdivision will have an impact upon the City's needs for parkland and that the deferred dedication of land will fulfill the dedication obligation of this plat has stated in the June 6, 2001 memo from the Rochester Park and Recreation Department. 2. The language on the sign located at the secondary access shall be modified to clearly identify that residential traffic, not just construction traffic, is permitted to use the secondary access. The Planning Department shall review and approve the language change to the sign. .3.—That-thesecondary-access-is-constructed-to meet -the following criteria: • The driving surface shall be paved within 200 feet of any public street intersection. • The driving surface shall be a minimum of 20 feet in width. • The design shall meet a 15 mile per hour design speed for sight and stopping distance. • The roadway shall contain adequate compacted aggregate base and surface to be passable throughout the year. 4- Prior to recording of the final plat documents, the applicant shall have the Public Works Department review and approve the secondary access roadway to ensure that the roadway meets the construction criteria. Page 7 Century Hills 5'" Subdivision June 28, 2001 CITY OF ROCHESTER ZONING ORDINANCE AND LAND DEVELOPMENT MANUAL EXCERPTS 62.1100 EXCAVATION ACTIVITIES & 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 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 61.146: 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; I Uu Page 8 Century Hills 5'" Subdivision June 28, 2001 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; 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. Page 9 Century Hills 5" Subdivision June 28, 2001 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 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. il V�o WOCHESTER PARK AND &EATION DEPARTMENT rochester 201 FOURTH STREET SE ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: June 6, 2001 TO: Jennifer Garness Planning RE: Century Hills 5th Final Plat #00-45 Acreage of plat.......................................................... 13.66 acres Number of dwelling units ............................................. 34 units Dwelling unit density ................................................... 2.49 units/acre Density factor............................................................ .0244 Dedication............................................................... .83 units Fair market value of land ............................................. $14,000/acre The Park and Recreation Department recommends that dedication requirements be met via: Deferred land dedication. Land to be dedicated at site of neighborhood park / open space located south of this plat and identified on the GDP as open space. Applicant: Payne Company 1700 Northwood Drive NE 0:\➢ST0TZ\2000\DEDICATI0N\NE 2B96\CEN HILLS STH.DOC ALL-VAUCACM RpCHESTER vzizrce�a�a DATE: June 12, 2001 TO: Jennifer Garness, Planning FROM: Lyle Felsch, Deputy Chief µpCNEETCR.; R'�rE D.ACDC 03 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: Final Plat #00-45 Century Hills 5th Subdivision, located east of East Circle Drive and south of Century Hills Lane NE. With regard to the above noted general development plan, 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. 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. Emergency vehicle 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 Roger Payne, 1700 NE Northwood Dr., Rochester, MN. 55906 Yaggy Colby Assoc., 717 3rd Ave SE, Rochester, MN 55904 N ROCHESTER Knixedola TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DATE: 6/13/01 DEPARTMENT OF PUBLIC WORKS 20140 Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the requested application for Final Plat #00-45 on the Century Hills Fifth Subdivision (Payne Company) property. The following are the Public Works comments on the proposal: 1. There is an executed Development Agreement for this property. Charges/fees applicable to the development of this property are addressed in the Development Agreement, and include: Trunkline Sanitary Sewer (J9218) @ $1403.17 per acre (no interest based on prepaid contribution). High Level Water Tower in Northern Heights Area (J9288) @ $1021.46 per acre plus interest @ 7.5% from May 4, 1998 •:• A Stormwater Management Fee @ $2043.01 per acre (rate through 7/31/01), for any area of this property that does not drain toward a detention facility, constructed by the Owner, to serve this property. •:• Traffic Signs as determined by the City of Rochester Traffic Division: 4 Street name Signs 1 Street Ends Sign 4 Stop Signs CMempTP00-45 Century Hills 5th.doc rpm .- --) � - IV. pledge, we delirer June 8, 2001 Rochester -Olmsted #A lb /0-5 CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Final Plat #00-45 and a Substantial Land Alteration Permit by Payne Company to be known as Century Hills Fifth. Dear Ms. Gamess: Our review of the referenced final plat and substantial land alteration permit is complete and we have no objections. The final utility plans have been approved. Please contact us at 507-280-1600 if you have questions. Very truly yours, 06-OA S, Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906.2813 telephone 507-280-1540 facsimile 507-280-1542 I ob �� N'Vld 1N3wdOl3A341\'y3•N3� ` e - � • LI ':S '? j ijSiFi �1053Nv;ry 'r 31S3H..0 m 9 + o ! Hill ; =illH ,ld (11N3���•_:� _ :�ji ! t liili ti ice?`— ✓, :.;�. r 11 en a r 1 s S.� 'SY I.•T�It/I t � die -'.s� Yr .,. �Isi 1 •� �yy��yy� � ,r1 r 22 w �- � (� v f� �.�/' � .:���, � �J ��i 1 ��- ry yc r yc � .a P'T �4� lw )ri � ; :. Y i � 'r: �j E p p/Wp fy4i �f21�lu�ti Fv`a��r�'u P';3��F � w�� � ds �� fr N �5� C �H �� .� ,SC��°�' '� 3, �;�, � �. ��i' f Y �'�� �r 44f � •`rµ�r y � '! tat . FfF ! Zr `'� J�JYs���� � . —. � , �„ s F 4. . ',i ,� � �tj _. � s REQUEST FOR COUNCIL ACTION MEETING i DATE: 7-2-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING ITEM DESCRIPTION: Zoning District Amendment #01-08 initiated by the PREPARED BY: Rochester City Council to re -zone approximately 165 acres of Airport Mitzi A. Baker, property to the AG — Agricultural District. The land is located in the E 1/2, SW Senior Planner 1b Section 16 and also in the E'/2, NW'/. and the NW Y., NE'/. of Section 21 High Forest Township and was recently annexed by the City of Rochester June 27, 2001 NOTE: When this property was annexed, it was not placed in the H-Holding zone, but rather defaulted to the R-1 Zoning District. This zone change, is therefore, from the R-1 (Low Density Residential) district to the AG (Agricultural) district. City Planning and Zoning Commission Recommendation: The City Planning and Zoning Commission held a public hearing on June 13, 2001, to consider this petition. Motion by Rivas, seconded by Brede to recommend approval of Zoning District Amendment #01-08, with the finding suggested by Staff. Motion carried 7-0. fining Staff Recommendation: �U� attached staff report dated June 8, 2001. Council Action Needed: 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 Zoning for the property. Distribution: 1. City Clerk 2. City Administrator 3. City Attorney: Legal Description attached 4. Planning Department File 5. Applicant: This item will be considered sometime after 7:00 p.m. on Monday July 2, 2001, in the Council/Board Chambers at the Government Center, 151 4th Street SE. L�' rj p UNCIL ACTION: Motion By: Seconded By: Action: 0 N Q a a 0 U. cm z z 0 N c7 Q O W O a 0 oc a ROCISTER-OLbISTED PLANNING DEP.410bIENT 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 G O U %T V OF www.olmstedcounly.com/planning TO: City Planning and Zoning Commission FROM: Mitzi A. Baker, Senior Planner DATE: June 8, 2001 �pCVIE 5TER ,rlr �1� L ✓� A .• Ba TED•A UGUST RE: Zoning District Amendment #01-08 initiated by the Rochester City Council to re -zone approximately 165 acres of Airport property from H- Holding to the AG — Agricultural District. The land is located in the E'/2, SW'/. Section 16 and also in the E'/z, NW'/4 and the NW Y., NE'/. of Section 21 High Forest Township and was recently annexed by the City of Rochester. Planning Department Review: AppiicantslOwners: City of Rochester, C/O City Administration 201 41h St. SE Room 108 Rochester, MN 55904-3740 Location of Property: The property is located in the E %, SW '% Section 16 and also in the E %, NW '/. and the NW %, NE '% of Section 21 High Forest Township. Requested Action: The City Council initiated zoning this property AG - Agricultural District. Existing Land Use: Agricultural Proposed Land Use: Airport buffer and agricultural uses. Report Attachments: 1. Location Map & Area Zoning Map Analysis for Zonina District Amendment: Under the provisions of Paragraph 60.338 of the Rochester Land Development Manual, the Commission shall recommend for approval and the Council shall approve, an application requesting an amendment to the zoning map if the amendment satisfies the following criteria: BUILDING CODE 5071285-8213 - GIS/ADDRESSING/MAPPING 507/285-8232 - HOUSING/HRA 5071285-8224 ,.,., PLANNING1ZONING 507/285-8232 - WELUSEPTIC 507/285-8345 FAX 5071287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 • • June 8, 2001 1) The criteria of this subdivision apply to those amendments to the zoning map filed by formal petition, An amendment need only satisfy one of the following criteria: a) The area, as presently zoned, is inconsistent with the policies and goals of the Comprehensive Plan; b) The area was originally zoned erroneously due to a technical or administrative error; c) While both the present and proposed zoning districts are consistent with the Plan, the proposed district better furthers the policies and goals of the Comprehensive Plan as found in Chapters 2 and 3 of the Rochester Urban Service Area Land Use Plan, Chapter 3 of the Housing Plan, and Chapter 10 of the ROCOG Long Range Transportation Plan; or d) The area has changed or is changing to such a degree that it is in the public interest to rezone so as to encourage development or redevelopment of the area. This property is not included in the Rochester Urban Service Area, according to the Rochester Land Use Plan or the Olmsted County Land Use Plan. The Olmsted County Land Use Plan designates this property as "Resource Protection Area". The Rochester International Airport owns the property, which is identified on the Airport Master Plan. Use of the property is planned to be agricultural in nature, consistent with the Olmsted County Land Use Plan designation as "Resource Protection Area". The property was recently annexed to the City. 2) The criteria of this subdivision also apply to those amendments to the zoning map filed by formal petition. However, an amendment must satisfy all of the following criteria: a) the permitted uses allowed within the proposed zoning district will be appropriate on the subject property and compatible with adjacent properties and the neighborhood; and Uses permitted in the AG- Agricultural District in the City of Rochester will be appropriate on the subject property, and should be compatible with adjacent properties in the area. b) the proposed amendment does not involve spot zoning. (Spot Zoning involves the reclassification of a single lot or several small lots to a district which is different than that assigned to surrounding properties, for reasons inconsistent with the purposes set forth in this ordinance, the state enabling legislation, or the decisions of courts in this state). This zoning district amendment does not involve spot zoning. Staff Recommendation: Staff recommends approval to zone approximately 165 acres of land, included in this petition, AG — Agricultural District. Page S � � 7 City Planning and Zoning Co•ssion Minutes 4P Hearing Date: June 13, 2001 i approximately 165 acres of Airport property from H-Holding to the AG — Agricultural and the NW 114, NE 114 of Section 21 High Forest Township and was recently annexed by the City of Rochester. Mr. Svenby presented the staff report, dated June 8, 2001, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. The property consists of 165 acres and was recently annexed to the City of Rochester. Mr. Burke asked if there is any special zoning with relation to the flyaway area, specifically any restrictions on zoning relating to that need to be addressed at this time. Mr. Livingston addressed the Commission and explained the airport zoning overlay district. Any development that may occur will be required to meet the standards of both City's zoning regulations and the Airport Zoning regulations with the most restrictive being enforced. With no one wishing to be heard, Ms. Petersson closed the public hearing. REQUEST FOR COUNCIL ACTION MEETING 1 �� DATE 7-2-01 SECTION: I ORIGINATING DEPT: PUBLIC HEARINGS PLAMNTING _M DESCRIPTION: Final Plat #00-05 to be known as Northern Heights North Fourth Subdivision June 28, 2001 Planning Department Review: See attached Staff Report dated June 28, 2001. ITEM NO. E - 3 tEPARED BY: Brent Svenby, 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 ($5,265) 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. The applicant is required to install and pay for the construction of the cut -de -sac bulb at the southerly extent on Glady Lane NE on the park property, per the agreement with the Parks Department. 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 June 28, 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, July 2, 2001, in the Council/Board Chambers at the Government Center, 151 4th Street SE. 5. Yaggy Colby Associates. COUNCIL ACTION: VctonW Second M a _ -— NVId 1N3WdOl3n3Q IV2 Old 1 I t : j , lkW�I 2 o?urr nn =W n N '3'N 'ba S}N•J13N MM v � Q a i I c� I W I. NO/S//VO80S u MOHSVO X VINVOO MEN iSFj" E 37 ie i z s t. Elief dl F t4 iF .Si f} z a p p F.9E •?[ a SI NFk •r292Y1 yt tli tat' f=�rt-5€^I EI S I J ra.is fIjq(al;ia 17 5i tR qq i i ti s O ��Aditir;(� In -t = i Fy ra tas..E its ?q al it !I 5t FIS f it ;!� �,� I �=:ti �9�'lk 3��•fff��ty lfeat�ik ii� � �� � F ,l� � � {} IS� ae 1="bi � 31 t:r a' f��it]ir61E�Fa� � f[.•1{ '� •t �i � _ € e S! Z 12 [°adda-iSelk'�:�ti �' lsa•- YY •it s � Y t � S� ��� (F'S 'i {€{'' •�Sa 3itI.i €5=+ €-J{a k,gti .1€ � r a [[+ a { � V s E J°i�3a_e3 Si i1_ii sar=�F.r:ka:l.e3:Fi ? ¢P_ i ! N u„ fats F— Z S K (� W y1 0 w x L U N _ h� �� sly��y Nss�lio 0 p+!mLLJ Y' R"E95'S +�ee.6t uOL L--_-- _ --'I _ ma » :3 T— R �sra a� aaai�ia O / . em JO d+ Icei� Y Zr.�e �=m� 4riii�iis"c /}r k 3N 3NVl AOVl9 Z M /!' N 5a . r7 1 L YF _ , =C .YFa fiti ift, wa ww vm emi »¢ p i1t E fL Lf162? �nm. 3 40j�€8 • I {t � j,�t 4 ''S s ,� L o oe tl08 S OaIHl lilONgn � m �/ 4 LJ.<° \ \;•€�a,9ozsz S1H 13H N H1?10N; K !E _ °ens �� `�3� / ; ' �5 �� - — ` m 5 'i aens Hie S1H� 4S- 1� w �--'^ �a 1SV3 S1H913H'N JGG TO: ROCHESTER-OLbISTED PLANNING DEPARTNIENT 2122 Campus Drive SE. Suite 100 - Rochester, MN 55904-4744 CC V N T Y OF www.olmstedcounly.com/planning Rochester Common Council Brent Svenby, Planner DATE: June 28, 2001 nt. RO C H E ...... tirrh if '• i fG .. R'V TEO..a 11GU5Z' RE: Final Plat #00-05 by Arnold Bomgaars to be known as Northern Heights North Fourth. The plat proposes to subdivide approximately 5.55 acres into 16 lots for single family development. The Plat also includes the dedication of right-of-way for one public roadway. The property is located east of Rocky Creek Drive NE and south of Raechel Place NE and allows for the continuation of Glady Lane NE. Planning Department Review: Applicants/Owners: Americana Realty, Inc. Arnold Bomgaars 1530 Greenview Drive SW Rochester, MN 55902 Surveyors I Engineers: Yaggy Colby Associates 717 Third Avenue SE Rochester, MN 55904 Referral Comments: 1. Rochester Park & Recreation 2. Rochester Public Works Department 3. RPU — Water Division 4. Planning Dept. - Wetlands Report Attachments: 1. Referral Comments (2) 2. Copy of Final Plat 3. Copy of approved General Development Plan Plat Data: Location of Property: The property is located east of Rocky Creek Drive NE and south of Viola Heights Drive NE and allows for the continuation of Glady Lane NE. Existing Zoning: The property is zoned R-1 (Mixed Single Family) district on the City of Rochester Zoning Map. Proposed Development: This development consists of approximately 5.55 acres of land to be subdivided into 16 lots for single family dwellings BUILDING CODE 5071285-8213 • GIS/ADDRESSING/MAPPING 5071285-8232 • HOUSING/HRA 507/285-8224 PLANNING/ZONING 507/285-8232 • WELUSEPTIC 507/285-8345 FAX 5071287-2275 AN EQUAL OPPORTUNITYIAFFIRMATIVE ACTION EMPLOYER Page 2 Final Plat 00-36 Northern Heights North Fourth June 28,2001 03 Roadways: The plat dedicates right-of-way for one new roadway. This roadway, labeled "Glady Lane NE", is a southerly extension of Gladly Lane NE. This roadway is designed with a 56' right-of-way with a 33 foot driving surface. The road ends as a cul-de-sac with the bulb of the cul-de-sac on park property. Wetlands: The Soil Survey and National Wetland Indicator maps were reviewed for the presence of wetlands. These maps do not indicate the presence of wetlands or hydric soils on this site. Public Utilities: Water and sewer can be extended from their present location. The public improvements plans have been approved by the City for the project. Pedestrian Facilities: In accordance with current City policy, sidewalk is required along both sides of all of the streets in the subdivision. Drainage: The grading and drainage plan has been approved for this plat. The property generally drains to the east and west property boundaries then drains to the south. 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 20 spillover parking stalls. Additional spillover spaces will likely be accommodated within the driveways. Parkland Dedication: The City Park and Recreation Department recommends that dedication requirements be met cash in lieu of land in the amount of $5,265 payable prior to recording the plat. General Development Plan: This property is included within the Northern Heights North General Development Plan (GDP). The plat is consistent with the approved GDP for the property. Preliminary Plat: A preliminary plat for this property was approved by the City Council on April 3, 2000 with the following conditions: 1. The Plat shall be revised to: 1) Change the roadway labeled Raechel Place NE to Viola Heights Drive NE; 2) Relocate the 20 foot public utility easement between Lots 8 & 9, Block 2 to Lots 9 & 10, Block 2; and 3) Provide controlled access along the entire frontage road of East Circle Drive (CSAH 22). 2. The applicant shall enter into a development agreement with the City that outlines the obligations of the applicant, relating to, but not limited to, stormwater management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, and contributions for public infrastructure. The Development Agreement shall also outline the 1a� Page 3 / Final Plat 00-36 Northern Heights North Fourth June 28, 2001 developer's responsibility for design, engineering, and construction of the temporary turn- around indicated on the City Park land at the southerly end of Glady Lane NE, and a 10' bituminous path long East Circle Drive (CSAH). Staff Recommendation: The Planning Staff has reviewed the submitted final plat and finds that it is consistent with the approved preliminary plat that relates to this final plat. The staff would then recommend approval subject to the following conditions: 1. The applicant agrees that this subdivision will have an impact upon the City's needs for parkland and that dedication of cash ($5,265) 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. The applicant is required to install and pay for the construction of the cul-de-sac bulb at the southerly extent on Glady Lane NE on the park property, per the agreement with the Parks Department. 0 1 dJ' RocxESTEx Minnedola TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DATE: 6/26/01 DEPARTMENT OF PUBLIC WORKS 201 41' 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 Final Plat #00-05,on the Northern Heights North Fourth Subdivision property. The following are Public Works comments on the proposal. 1. A Development Agreement has been executed for this property. 2. Execution of a City -Owner Contract is required prior to construction of public infrastructure to serve this subdivision. 3. Per Agreement with the Parks Department, the Owner is required to include construction of the cul-de-sac bulb at the southerly extent of Glady Ln NE (on City Park Property). 4. Five (5) foot wide sidewalk should be required along Glady Ln NE since this will be used to access the park. Charges/fees applicable for the development of the property are addressed in the Development Agreement, and include: Sewer Availability Charge (SAC) @ $1653.67 per acre (rate is adjusted August is' each year, and is only valid if the City -Owner Contract for this project is approved by Council prior to 8/1/01). J8680 Rocky Creek Channel Improvement @ $394.6768 per acre plus 10 years interest @ 7.5% J9288 High Level Water Tower in Northern Heights Area @ $1,021.46 per acre plus interest @ 7.5% from May 4, 1998 > Stormwater Management @ $572.04 per acre (28% water quality portion only, the rate is adjusted August is' each year, and is only valid if the City -Owner Contract for this project is approved by Council prior to 8/1/01). Traffic Signs as determined by the City of Rochester Traffic Division: NONE C:ltemplFP00-05 Northern Heights North Fourth Subd.doc 10 ROCHESTER PARK AND FdbREATION DEPARTMENT 201 FOURTH -STREET SE ROCHETER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: June 21, 2001 TO: Suzanne LaPalm Planning RE: Northern Heights North 41i Preliminary Plat # 00-05 Acreageof plat.......................................................... Number of dwelling units ............................................. Dwelling unit density ................................................... Density factor............................................................ Dedication............................................................... Fair market value of land ............................................. 5.55 acres 16 units 2.88 units/acre .0244 .39 acres $13,500/acre The Park and Recreation Department recommends that dedication requirements be met via: Cash in lieu of land in the amount of $5,265 payable prior to recording of the plat . The temp turn around shown at the end of Glady Lane NE is located on city parkland. During the January 1996 revision of the Northern Heights North GDP Park staff met with the applicant where it was agreed that the applicant would be allowed to construct the required street turn around on park property. The Park Department along with Public Works was to approve the size and design of the turnaround. The applicant was to install and pay for the turn around as part of the subdivision street construction. Applicant: Arnold Bomgaars 1530 Greenview Drive SW REQUEST FOR COUNCIL ACTION MEETING J DATE 7-2-01 AGENDA SECTION: ORIGINATING DEPT: ITEM . PUBLIC HEARINGS PLANNING ITEM DESCRIPTION: Final Plat #01-24 to be known as Westway Manor PREPARED BY: Twinhomes Subdivision Brent Svenby, i June 28, 2001 Planning Department Review: See attached Staff Report dated June 28, 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 ($195) 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. The applicant is required to construct a 5 foot concrete sidewalk along the entire frontage of 71h Street concurrent with the development of this property. 3. Prior to submitting the final plat documents, the applicant shall revise the Plat to: • Identify lots and block. • Dedicate an additional 5 feet utility easement on the west side and on the east side of the existing 10' utility easement. Council Action Needed: 1. A resolution approving the plat can be adopted. Enclosures: (To be submitted separately to the City Clerk by the Planning Staff upon receipt from the applicant) 1. City Clerk's Copy of Applications - 2. Recording/Treasurer/Auditor's Statement W 3. Recording Fee 11 4. Title Opinion (desI 5. 1 Original Plat Mylar / • i l/rJ �^ ,� 6. 3 Mylar Copies of Plat r" aQ. Attachment: t•� Q'"""P� / Staff Report dated June 28, 2001. -U B/ Distribution: 1. City Attorney�� 2. Planning Department File Department GIS 3. Planning — 4. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, July 2, 2001, in the Coun/Board Chambers at the Government Center, 151 4th Street SE. ,d, 5. Brand & Massey Surveying, Inc. COUNCIL ACTION: Motion by: second by:: "` - Final Plat Westway Manor Twinhomes 1,000' Notification Distan Ward 2 Marcoux 06/20/01 r� rh eq 14 Iu K ogKo r�� MINN�Sn rA I 13() ROCHESTER-OLNISTED PLANNING DEPARTNIENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 C U U M T Y OF www.oirnstedcounty.com/planning Rochester Common Council FROM: Brent Svenby, Planner DATE: March 28, 2001 ff�iws�a-mom. nsn"v� RE: Final Plat #01-24 to be known as Westway Manor Twinhomes Subdivision Planning Department Review: Applicant/Owner: Bigelow Enterprises Inc. 706 County Road 3 Byron, MN 55920 Surveyors/Engineers: Brand & Massey Surveying, Inc. 1009 W hitewater Avenue St. Charles, MN 55972 Referral Comments: 1. RPU Water Division 2. RPU Operations Division 3. Rochester Park and Recreation Dept. 4. Rochester Public Works 5. Rochester Fire Department 6. Planning Dept. Wetlands 7. Planning Dept. GIS Addressing Report Attachments: 1. Referral Comments ( 3 Letters) 2. Location Map 3. Copy of Final Plat Plat Data: Location of Property: This plat is located along the north side of 71h St. NW, east of 341" Avenue Court NW and south of Highway 14. Zoning: The property is zoned R-3 (Medium Density Residential) on the City Zoning Map. Proposed Development: The property is being re -subdivided to divide one lot into two. Streets: There are no new roadways being dedicated with this Plat. Drainage: Grading and drainage information for this re -plat was reviewed by the Rochester Public Works Department BUILDING CODE 507/285-8213 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 507/285-8224 PLANNING20NING 5071285-8232 • WELVSEPTIC 507/285-8345 FAX 507/287-2275 AN EOUAL OPPORTUNITY!AFFIRMATIVE ACTION EMPLOYER Page 2 Westway Manor Twinhomes Subdivision June 28, 2001 required for individual lot development If earthwork exceeds 50 cubic yards. Wetlands: Minnesota Statutes now require that all developments be reviewed for the presence of wetlands or hydric soils. The Soils Survey does not indicate hydric soils within this Plat. Public Utilities: Utilities are available to serve this property. The property Is subject to development charges that are due when connection permits for sewer and water is issued for the property. 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 3 spillover parking stalls. Additional spillover spaces will likely be accommodated within the driveways. Parkland Dedication: The City Park and Recreation Department recommends that dedication requirements be met cash in lieu of land in the amount of $195 payable prior to recording the plat. General Development Plan: The General Development Plan, approved in 1978, shows this property being zoned R-3. Preliminary Plat: There was not a preliminary plat for this property. This plat is a re -plat of Lot 26, Block 4, Westway Manor First Subdivision with no new right-of-way being dedicated. Planning Staff and Recommendation: 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 ($195) 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. The applicant is required to construct a 5 foot concrete sidewalk along the entire frontage of 7a' Street concurrent with the development of this property. 3. Prior to submitting the final plat documents, the applicant shall revise the Plat to: • Identify lots and block. • Dedicate an additional 5 feet utility easement on the west side and on the east side of the existing 10' utility easement in the easterly part of the lot. 131 0 • �3?- ROCHESTER /!'/innaJola TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DATE: 6/26/01 DEPARTMENT OF PUBLIC WORKS 201 4" Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the application for Final Plat #01-24 on the Westwav Manor Twinhomes Subdivision (Replat of Lot 26, Block 4, Westway Manor 1" Subd). The following are Public Works comments on the proposal: 1. Grading Plan approval is not required for this plat, however, a grading permit will be required for individual lot development if earthwork exceeds 50 cubic yards. 2. Construction of 5 foot wide concrete sidewalk is required along the entire frontage of 7t° St NW, concurrent with construction for this plat. 3. The existing 10 foot wide utility easement over part of the easterly lot should be rededicated as a 20 foot wide utility easement. 4. The lots and block are not identified on the Final Plat. S. The Development charges identified below are due prior to / concurrent with issuance of any connection permits for sewer & water to serve this subdivision. Charges/fees applicable to the development of this property include the following (Note: The rates below are adjusted August 1" each year, and only valid if paid prior to 8/l/01): :• Water Availability Charge (WAC) @ $1653.67 per acre X 0.26 acres = $429.95 S• Watermain Connection Charge @ $37.13 per foot of frontage X 230 feet = $8,539.90 i Stormwater Management, if on -site detention is not provided @ $2043.01 x 1.40 Land Use factor x 0.26 acres = $743.66 :• Note: Development charges have previously paid on this property for J8687, which included Sanitary Sewer Connection Charges, and also J8619 for trunkline sewer availability C:ltemp\FP01.24 Westway Manor Twinhomes Subd.doc 1J--) 0 ROGHt31 ER PARK AND ISCREATION DEPARTMENT `A� Cl111�TU CT�CCT CC V• •VV\l\•\ V\\l•�•...\VV ROCHES T ER MINNESO T A 65904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: June 27, 2001 TO: Jennifer Garness Planning RE: Westway Manor Lot 26 Block 4 Replat Final Plat #01-24 Number of dwelling units ............................................. Density factor............................................................ Dedication............................................................... Fair market value of land..... ................. ...................... 1" .0244 .0244 acres $8, 000 'applicant only responsible for the increase in number of dwelling units as a result of the re -subdivision The Park and Recreation Department recommends that dedication requirements be met via: Cash in lieu of land in the amount of $$195 (.0244 a x $8,000 /acre) with payment due prior to recordation of the final plat. Applicant: Bigelow Enterprises 706 County Road 3 NW Byron MN 55920 0:\DSTOTZ\2001\DED:CP.TION\NW 2898\WESTWAY MANOR RESUS.DOC REQUEST FOR COUNCIL ACTION MEETING DATE: 07-02-01 AGENDA SECTION: ORIGINATING DEPT: ITEM O. PUBLIC HEARINGS PLANNING : S .M DESCRIPTION: Utility Easement Vacation Petition #01-08 by J 6 C Gardens, LLC. The PREPARED BY: applicants are proposing to vacate approximately 3' wide x 72' portion of an existing public utility Theresa Fogarty, easement located along Lot 1, Block 1, The Willows. The property is located east of 11`h Avenue SE Planner and north of 201" Street SE. The easement was recorded by separate document, prior to recording �� the final plat known as "The Willows". June 28, 2001 Planning Department Recommendation: See attached staff report dated June 28, 2001. 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 submitted. Attachments: 1. Staff Report dated June 28, 2001. a �T Distribution: 1. City Administrator 2. City Clerk 3. City Attorney: Copy of legal description is attached 4. Planning Department File 5. Applicant: This item will be considered by the Council sometime after 7:00 p.m. on Monday, July 2, 2001, in the Council/Board Chambers at the Government Center, 151 4th Street SE. 6. GGG Engineering COUNCIL ACTION: Motion by: second by: to: 13LO rn a n t3 M -U,sjZw a N3p3Sb3 h 3.9p.9ZFIN 4A0 c O� UNITS 17 NRI. ROCHESTER-OLDISTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 C 0 0 „„ OF www.olmstedcounty,com/planning TO: City Council FROM: Theresa Fogarty, Planner DATE: June 28, 2001 AF. R�G}7ESTEk.•Lft'/ �f z' Rq rED•q I:GI'ST' RE: Utility Easement Vacation Petition #01-08 by J & C Gardens, LLC. The applicants are proposing to vacate approximately 3' wide x 72' portion of an existing public utility easement located along Lot 1, Block 1, The Willows. The property is located east of 11th Avenue SE and north of 201h Street SE. The easement was recorded by separate document, prior to recording the final plat known as "The Willows". Planning Department Review: Petitioner(s): J & C Gardens, LLC 937 371h Avenue NW Rochester. MN 55901 Reason to Vacate: The petitioner is requesting to vacate a portion of an existing power line easement recorded May 27, 1968, because constructed garages encroach into the easement. Referral Comments: Report Attachments: Staff Recommendation: 1. Rochester Public Works 1. Vacation Petition 2. Location Map 3. Referral Comments - 1 letter Upon review of this request staff recommends approval of this vacation petition. This utility vacation request does not include the utility easement dedicated on "The Willows" plat, only a 3' wide x 72' portion of the May 27, 1968 recorded powerline easement. BUILDING CODE 5071285-8213 - GIS/ADDRESSING/MAPPING 507/285-8232 - HOUSING/HRA 507/285-8224 PLANNING20NING 507/285-8232 - WELUSEPTIC 507/285-8345 FAX 507/287.2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER 1Y ROCHESTER itneeota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DATE: 6/27/01 DEPARTMENT OF PUBLIC WORKS 201 40 Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the requested application for Vacation #01-08 by J & C Gardens (along 1-1, B1, The Willows). The following are Public Works comments on the proposal: 1. Public Works has no objection to approving the request to vacate a portion of the May 27, 1968 power line easement, with the understanding that the vacation does not involve the overlapping utility easement dedicated on the plat. CMempWAC01-08 JC Gardens The Willows.DOC REQUEST FOR COUNCIL ACTION MEETING ' l AULNUA JCL I IVN: PUBLIC HEARINGS ORIGINATING DEPT: PLANNING DATE: 07-02-01 ITEM NO. M DESCRIPTION: City Council Initiated Right -of -Way Vacation #01-07, to vacate PREPARED BY: the alley right-of-way located adjacent to the lots 1-5 and 12-16, Block 3 West Theresa Fogarty, Zumbro Addition. This is a platted and undeveloped alley located west of T.H. 52, Planner north of 1" Street NW, south of god Street NW and east of 181h Avenue NW. 1 June 28, 2001 Planning Recommendation: See attached staff report dated June 7, 2001. Staff recommends approval of the vacation petition subject to the following: 1. Retaining a utility easement over the entire area being vacated. The Planning & Zoning Commission reviewed this vacation request at the June 13, 2001 meeting. The Commission recommended approval of the vacation petition. Ms. Rivas moved to recommend approval of the City Council Initiated Right -of -Way Vacation #01- 07, as recommended by staff. Mr. Ohly second the motion. The motion carried 7-0. 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 Report dated June 7, 2001. 2. Minutes of the CP&ZC June 13, 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, July 2, 2001, in the Council/Board Chambers at the Government Center, 151 41h Street SE, Rochester, MN. COUNCIL ACTION: Motion by: second iH� a RASTER-OLDISTED PLANNING DEPA NIENT 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 C o u M+Y OF www.olmstedcounty.com/planning TO: City Planning and Zoning Commission FROM: Theresa Fogarty, Planner DATE: June 7, 2001 04 .tyOCif EST ¢R.Aq.Y1 D AUC. P,ST'° RE: City Council Initiated Right -of -Way Vacation #01-07, to vacate the alley right-of-way located adjacent to Lots 1-5 and 12-16, Block 3, West Zumbro Addition. This is a platted and undeveloped alley located west of T.H. 52, north of 15t Street NW, south of 2nd Street NW and east of 18th Avenue NW. Planning Department Review: Petitioner(s): City of Rochester 201 4'h Street SE Rochester. MN 55904 Reason to Vacate: Platted alley was never constructed. The City Council approved vacating the alley right-of-way adjacent to Lots 6, 7 and lots 10, 11, Block 3, West Zumbro Addition, at their May 21, 2001 meeting. At this same meeting, the City Council initiated vacating the remaining alley right-of-way adjacent to Lots 1-5 and 12-16, Block 3, West Zumbro Addition. Referral Comments: Department of Public Works Rochester Public Utilities - Operations Division - - - Report Attachments: 1. Location Map 2. Referral Comment (2 letters) Staff Recommendation: The 14' alley was platted in 1915 but has remained undeveloped. Rochester Public Utilities -Operations Divisions and the Rochester Public Works Department have no objections to vacating the alley right-of-way subject to retaining a utility easement over the proposed area to be vacated. Staff recommends approval of the vacation petition subject to retaining a utility easement over the entire area being vacated. BUILDING CODE 5071285-8213 - GIS/ADDRESSINGRdAPPING 5071285-8232 - HOUSING/HRA 507/285-8224 PLANNING20NING 507/285-8232 - WELUSEPTIC 507/285-8345 FAX 507/287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER i ROCHESTER Minnejota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DATE: 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 requested application for Council Initiated Alley Right -Of -Way Vacation #01-07 abutting Lots 1-5 & 12-16, Block 3 West Zumbro Addition. The following are Public Works comments on the proposal: 1. Public Works has no objection to granting this request. The rights for a utility easement should be retained. C:%temp\VAC01-07 Council Initiated Alley B3 West Zumbro.DOC rpu r pledge, we deliczr 507/280-1579 May 29, 2001 TO: Jennifer Gamess, Planning Department Rochester -Olmsted Planning Department FROM: Michael J. Engle, Supv. of Distribution Design Rochester Public Utilities SUBJECT: City Council Initiated Right -of -Way Vacation #01-07, to vacate the alley right-of- way located adjacent to Lots 1-5 and 12-16, Block 3 West Zumbro Addition. This is a platted and undeveloped alley located west of T.H. 52, north of I" Street NW, south of 2nd Street NW, and east of 18d' Avenue NW. RPU's Operations Division has an overhead power line located in this alley. We have no objection to the alley being vacated as long as it remains as a utility easement. 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 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, June 13, 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. Leslie Rivas; Mr. Paul Ohly; Mr. John Hodgson; Mr. Michael Quinn; and Mr. James Burke Members Absent: Mr. Randy Staver, Vice Chair and Ms. Lisa Wiesner Staff Present: Ms. Theresa Fogarty; Mr. Ron Livingston; Mr. Greg Wise; and Mr. Brent Svenby Other City Staff Present: None ADMINISTRATIVE BUSINESS: Mr. Burke made a motion to approve the minutes of May 23, 2001, as written. Mr. Quinn seconded the motion. The minutes from May 23, 2001 were approved unanimously. Mr. Quinn made a motion to approve the agenda, moving Item C-5 Land Use Amendment #01-03 & Zoning District Amendment #01-06 and Item C-6 General Development Plan #164 to be considered first under the Public Hearings. Ms. Rivas seconded the motion. The motion carried unanimously. Mr. Svenby stated that item C-1, Type III Phase I Conditional Use Permit #01-14 and Variance #01-09 by Mayo Foundation had been withdrawn. Therefore, no action would need to be taken. RIGHT-011 VACATION: City Council-Initiated-Right=of=WaYVacation #01-07, to vacate the alley right-of-way located adiacent to lots 1-5 and 12-16, Block 3 West Zumbro Addition. This is a slatted y( and undeveloped alley located west of T.H. 52, north of 1" St. NW, south of Z" St. NW ITS' and east of 18 Ave. NW. Mr. Svenby presented the staff report, dated June 7, 2001, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Mr. Svenby explained that the City Council approved vacating the alley right-of-way adjacent to Lots 6, 7, 10 and 11, Block 3, West Zumbro Addition at their May 21, 2001 meeting. At this same meeting, the City Council initiated vacating the remainder of the alley to the west. Mr. Burke asked why the entire alley wasn't vacated at the same time when Lots 6, 7, 10 and 11 were vacated. Mr. Svenby explained that the previous application only included property owned by the petitioner's Addition. It was through that review process it was determined that the Page 2 City Planning and Zoning Co •sion Minutes !! LL 111 Hcaring Date: June 13, 2001 i remainder of the platted right-of-way was not needed, but a utility easement will be maintained over the alley right-of-way because there are utilities located in the alley right-of-way. Mr. Burke asked if the alley right-of-way is split between the adjacent property owners. Mr. Svenby explained that the alley right-of-way would be split between the adjacent property owners and that the land did not need to be replatted. Ms. Rivas moved to recommend approval of the City Council Initiated Rightwof Vacation #01 07, as recommended lby.staff Mr Ohly econded "the mot on .he of o caned 7 0 i tE �i�LY�.v .yx<��b n + �& ^bry. Approval of.the vacation petition subject to retaining a:utility easement over.+t e:enti area being vacated; F, ,w+, �z� f,f e r�� s�fyr� r LL land from " w density residential" to " the same fro .1 (Mixed Sinale Famil, Mr. Svenby explained the locate of the property and the Wing districts that the applicant has requested. Staff is recommendin that this item be con � ued until July 11, 2001. Ms. Wendy Turi of 604 33rd Street S ddressed t Commission. She stated that she lives adjacent to the area of the zoning chan reque . Ms. Turi explained that the change in zoning would affect their area. The neighborhoo a o different concerns with the proposal. One is the change of zoning which would allow pos ly going from one to two homes in their backyard to having a potential of four to six homes. The other concern is regarding the a ronment. Thqre is evidence of wetlands and a lot of oak trees. The area is very erodable a96 with the develo ent of Greystone Subdivision, there is evidence of significant erosion. ere are also a numb of streams in the area that may be disturbed. Mr. Brede moved to con ue Land Use Plan Amendment 03 and Zoning District a Amendment #01-06 b iver Ridge Development, L.l to July 1; 2001 ;Mr seconded the motio The motion�carried 7 0.` z� REQUEST FOR COUNCIL ACTION MEETING 1 i 7 AGENDA PUBLIC HEARINGS 1NG DEPT: PLANNING M DESCRIPTION: City Initiated Text Amendment #01-01, to amend Section 64.133 of the Rochester Zoning Ordinance and Land Development Manual. This Section addresses funding required improvements. June 27, 2001 City Planning and Zoning Commission Recommendation: DATE: 7-2-01 ITEM NO. c-- Y7 PREPARED BY --.- Mitzi A. Baker, Senior Planner On June 13, 2001 the City Planning and Zoning Commission held a public hearing to review the proposed zoning text amendment. The Planning & Zoning Commission found that the proposed amendment meets the criteria outlined in Paragraph 60,338 (2) of the Land Development Manual and recommended approval of the proposed amendment. Hodgson moved to approved Text Amendment #01-01 with staff suggested findings. Seconded by Quinn. The motion carried 7-0. Planning Staff Recommendation: See attached staff report dated May 31, 2001, Council Action Needed: 1. If the Council wishes to proceed with the zone change as petitioned, it should instruct the City Attorney to prepare an ordinance that can be adopted. The Council's decision must be supported by findings based on the criteria listed in Paragraph 60.338 (2) of the Rochester Zoning Ordinance and Land Development Manual (see attached staff report). Distribution: 1. City Clerk 2. City Administrator 3. City Attorney: 1 4. Planning Department File . JUNCIL ACTION: motion by: Second by: to: 1 ROCAESTER-DLMSTED PLANNING DEPAUNT 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 cae„T, OF www.olmstedcounty.com/planning DATE: May 31, 2001 TO: Rochester Planning and Zoning Commission FROM: Mitzi A. Baker, Senior Planner na*-�'�iniA !c■r�idn■�r, �+m■n�ioi - �qun4l�nr y�i QN= RE: Text Amendment #01-01 Initiated by the Rochester Planning and Zoning Commission Chapter 64 of the Rochester Zoning Ordinance and Land Development Manual (LDM) includes provisions related to Adequate Public Facilities. One of the sections related to Adequate Public Facilities needs to be amended to provide clarification that it applies to "development" and not just the "subdivision" of land. Section 64.130 Adequate Public Facilities Standards, states that "the requirements of this section supplement ....identify the standards to be followed in the establishment of infrastructure improvement associated with any development'. The intent to interpret this provision more broadly is clear. Section 64.133, which is a sub -section of 64.130, needs to be amended to clarify that it applies to "development", and not just the "subdivision" of land. The primary author of the subdivision regulations has been consulted and agrees that the use of the word "subdivision" is too restrictive, and that the provision should be broadened to refer to development or development applications. Text Amendment: To amend Section 64.133 Funding Required Improvements, to clarify that this section applies to "development", not just the "subdivision" of land. 64.133 Funding Required Improvements: Required improvements reasonably related to the subd+visiGR development shall be installed at the sole expense of the applicant. Assessment of costs to subsequent users or public participation may in certain instances be applicable to a proposed project. The City Engineer shall recommend to the Council when such policies may be applicable. BUILDING CODE 507/285-8213 - GISIADDRESSINGIMAPPING 5071285.8232 - HOUSING/HRA 507/2B5.8224 ,.,�.... PLANNING/ZONING 507/285-8232 - wELUSEPTIC 507/285.8345 FAX 507/287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER s % 151 FINDINGS & RECOMMENDATION: A decision must be supported by finding based on the criteria listed in Paragraph 60.338 (2) of the Zoning Ordinance as follows: a) whether there is a public need for the amendment; b) whether the amendment will accomplish one or more of the purposes of this ordinance, the Comprehensive Plan or other adopted plans or policies of the City of Rochester; c) whether adoption of the amendment will be lawful. Suggested Findings: a) Staff suggests that there is a public need for this amendment to provide for clarification. b) Section 64.130 Adequate Public Facilities Standards, states that "the requirements of this section supplement ....identify the standards to be followed in the establishment of infrastructure improvement associated with any development. The intent to interpret this provision more broadly is clear. In addition, the primary author of the subdivision regulations has been consulted and agrees that the use of the word "subdivision" is too restrictive, and that the provision should be broadened to refer to development or development applications. Amending the Ordinance will accomplish one or more purposes of the Ordinance. c) The amendment will provide clarification of regulations and consistency, and this amendment will be lawful. Staff recommends approval of this text amendment. Page 6 0 • / City Planning and Zoning Commission Minutes Hearing Date: June 13, 2001 Text Amendment #01-01 initiated by the Rochester Planning and Zoning Commission, to amend Section 64.133 of the Rochester Zoning Ordinance and Land Development Manual. This Section addresses funding required improvements. Mr. Svenby presented the staff report, dated May 31, 2001, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Mr. Svenby explained that the proposed amendment to Section 64.133 of the Zoning Ordinance is basically replacing the word "subdivision" with the word "development". With no one wishing to be heard, Ms. Petersson closed the public hearing. Mr. Wis ecapped with the Commission information regarding the various parkin ituation: within the 'ty of Rochester. Mr. Wise explained that this information was also esented to the City Cou\ofRochester. uncil recommended that a committee be forme o study the parking in th.A committeeshed including City Planning Commissi members, Neighborhopresentatives, City Public Works sta , and local consulting companies. Mr. Wise explained that initially hN,,was reviewing residentia arking issues, anything from front yard parking on asingle-family t to parking lot7sesuggested artment buildings. Due to technical difficulties with the equip nt, Mr. that he continue his presentation at the next meeting. At that tim e I be able to present some pictures. The Commission members agreed to con er is issue at their June 27, 2001 meeting. 2. As may be brouqht up with memb Incentive Development #00-0 mown as River lace. Mr. Svenby presented the t n approved by the City Planning Corn sion and City Council last year. He explained at the plan approved did not have any windo in the stairwells and had stucco mater' on the dormers. One of the conditions for approv was that it be built as submitted. The plan that Xs submitted for the building permit had four windows added on eacFTgf the stairwells. is was thought to be a good idea because it would add some natural light1h the stairwells Also, the areas that were changed are the dormers and above the entryways from REQUEST FOR COUNCIL ACTION MEETING ` � DATE: 07-02-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING A DESCRIPTION: Annexation by Ordinance Petition #01-11 by Morris Memorial LLC to PREPARED BY: annex approximately 40 acres of land located east of East River Road NE and west of Theresa Fogarty, T.H. 63. The property is located in the Southwest Quarter of the Southwest Quarter of Planner /� Section 13 of Cascade Township. 7 June 28, 2001 City Planning and Zoninq Commission Recommendation: The City Planning and Zoning Commission reviewed this annexation request on June 27, 2001. The Commission found that this property is adjacent to the city limits and can be served by City services. The Planning Commission therefore recommends approval of this request. Ms. Wiesner moved to recommend approval of Annexation Petition #01-11 by Morris Memorial LLC. Ms. Rivas seconded the motion. The motion carried 9.0. Planning Department Recommendation: See attached staff report, dated June 20, 2001. Minnesota Statutes now specify that the property taxes payable in the year an annexation is effective shall be paid to the Township. For the five years following the annexation, the City must make a cash payment to the Township equaling 90%, 70%, 50%, 30% and 10% of the Townships share of the taxes in the year the property was annexed. The Township Taxes on this property for 2000 is $19.93. Council Action Needed: 1. Following the public hearing, if the Council wishes to proceed as petitioned, it should instruct the City Attorney to prepare an ordinance to be adopted and transmitted to the MN Planning /Office of Strategic and Long Range Planning. AttachmentsY"`I" 1. Staff report, dated June 2001. ,� es of the 6/27/01 2. Draft copy of CP&ZC minutes S _meeting. Distribution: y 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, July 2, 2001 in the Council Chambers at the Rochester / Olmsted County Government Center. COUNCIL ACTION: Motion by: second by: to: RO(.'FIESTER-OLbiSTED PLANNING DEPAAMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 C o u N r. OF www.olmstedcounty.com/planning TO: City Planning and Zoning Commission FROM: Theresa Fogarty, Planner �J- DATE: June 20, 2001 Rocxesree.,t�� fikp •.., ..J'�J QR'ITE D:aU GUST •:•. RE: Annexation Petition #01-11 by Morris Memorial LLC to annex approximately 40 acres of land located east of East River Road NE and west of T.H. 63. The property is located in the Southwest Quarter of the Southwest Quarter of Section 13 of Cascade Township. Piannina Department Review: Applicants/Owners: Location of Property: Existing Land Use: Size: Existing Zoning: Future Zoning: Land Use Plan: Adjacency to the Municipal Limits: Sewer & Water: Morris Memorial LLC 3775 Willow Ridge Drive SW Rochester. MN 55902 The property is located east of East River Road NE and west of T.H. 63. This property is currently undeveloped land. The property proposed for annexation is approximately 40 acres of unplatted land. The property is zoned A-3 (Agricultural) District on the Olmsted County zoning map. Upon annexation, the property will be zoned R-1 (Mixed Single Family Residential) district on the Rochester zoning map. This property is designated for "low density residential" uses on the Rochester Urban Service Area Land Use Plan. The property is adjacent to the city limits along its southern boundary. The Main Level Water System service is available to this property approximately 300' south the of the SW corner. Municipal sewer and water can be served to this property. BUILDING CODE 507/285-8213 • GIB/ADDRESSING/MAPPING 507/285-8232 • HOUSING]HRA 5071285-8224 .mow.. PLANNING/ZONING 5071285-8232 • wELUSEPTIC 507/285-8345 FAX 5071287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER ` �(1Page 2 . • L Annexation #01-11 June 21, 2001 Utilities: Pursuant to Minnesota Statutes 414.033 (subd. 13), a municipality must notify a petitioner that the cost of electric utility service may change if the land is annexed to the municipality. A notice has been provided to the applicant. Townboard Review: Minnesota State Statutes require that the Townboard members receive a written notice, by certified mail, 30 days prior to the public hearing. The City Council will hold a public hearing on this item on July 2, 2001. The City Clerk has sent the certified 30 day notice. Referral Comments: 1. Rochester Public Utilities - Water Division 2. Rochester Public Works 3. MN Department of Transportation Report Attachments: 1. Annexation / Location Map 2. Referral Comments (3letters) Staff Recommendation: This property is adjacent to the City limits and can be served by city services upon extension of the sanitary sewer and water lines from their present ends. The Planning staff recommends that the City proceed to adopt an ordinance annexing the property according to Minnesota Statutes 414.033, Subdivision 2(3). r uI .._ t 157 we olkdye, we 6elever June 13, 2001 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Annexation 901-11 by Moms Memorial LLC to annex 40 acres of land located east of East River Rd. NE & west of TH 63 in the SW %4, of the SW '/4, Section 13, Cascade Township. Dear Ms. Gayness: Our review of the referenced petition is complete and our comments follow: 1. The property maybe subject to the water availability fee, connection fees or assessments. The Land Development Manager (507-281-6198) at the Public Works Department determines the applicability of these fees. 2. Main Level Water System service is available to this property approximately 300' south of the SW corner. 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 yo "-JA Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Morris Memorial LLC Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 is� • 9 ROCHESTER WinneJoita TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur Date: 6/15/01 DEPARTMENT OF PUBLIC WORKS 201 4" Street BE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the requested application for Council Initiated Annexation #01-11 on the Morris Memorial LLC (SW 1/4 , SW '/4, Sect 13, Cascade Township) property. The following are Public Works comments on the proposal: 1. This property can be served with sewer & water. Public Works has no other comments on this request. CAtemp\ANNX01-11 Morris Memorial LLC Property.doc I D I 0\NNESO;q ti OP TRPaS June 5, 2001 0 Minnesota Department of Transportation District 6 2900 — 48ih St. NW Rochester, Minnesota 55901-5848 Jennifer Gamess Rochester -Olmsted Planning Department 2122 Campus Drive SE — Suite 100 Rochester, MN 55904 (507)280-2913 Subject: Annexation #01-11 by Morris Memorial LLC to annex approximately 40 acres of land located east of East River Road NE and west of TH 63. TH 63, CS 5510 Planning Log #01-05.06 Dear Ms. Garness: The Minnesota Department of Transportation (Mn/DOT) has completed its review of a proposal from Moms Memorial LLC to annex to the City of Rochester property west of TH 63 and east of East River Road NE. The proposed future use of this 40-acre parcel and adjoining properties for residential and other development was discussed in a predevelopment meeting held in the Rochester - Olmsted Planning Office on May 30, 2001 and attended by Mn/DOT. Mn/DOT recommends the primary access to future development of this property be onto East River Road NE, which would allow traffic to be directed to the currently signalized intersection at 37`t' Street NE. In response to the discussion of additional access or a future traffic signal on TH 63 at 4 1 " Street NE or elsewhere, Mn/DOT will review development concepts for this area of northeast Rochester according to access management principles for new urbanizing areas. No additional signals would be allowed on TH 63 unless warrants are met. If you have any questions about this annexation review, please contact Fred Sandal (507) 285-7369 or, Debbie Persoon-Bement at (507) 281-7777. Sincerely, �J Dale E. Maul Planning Director An Equal opportunity Employer Draft Minutes of the City Planning & Zoning Commission Date of Hearing: June 27, 2001 Cascade Township. Mr. Svenby presented the staff report, dated June 20, 2001, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Ms. Wiesner moved to recommend approval of Annexation #01-11 by Morris Memorial LLC. Ms. Rivas seconded the motion. The motion carried 9-0. REQUEST FOR COUNCIL ACTION MEETING I (P I AGENDA SECTION: Public Hearing ORIGINATING DEPT: Public Works �M DESCRIPTION: SPECIAL ASSESSMENT HEARING - ASSESSMENT OF WATER SERVICE REPLACEMENT CHARGES, J9523 9525 AND J9330. DATE 7%2 01 ITEM NO PREPARED BY M Nigbur This is a Hearing to consider the levying of the proposed assessments regarding the service line replacements associated with the following local improvement projects. Project No. 6307-2-99. 1 9523 "Street Reconstruction on 7 Avenue SE from 6"Street SE to 12`" Street SE" Assessments Adopted October 5, 1998 Proiect No. 6306-2-99, J9525 'Reconstruction of 6 Avenue SE from East Center Street to 4t" Street SE" Assessments Adopted November 17, 1998 Project No.6201-3-95, J9330 "Reconstruct 15 Street SW from 1 Vh Avenue SW to 16'" Avenue SW" Assessments Adopted November 17, 1997 Assessment Spread - 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 Assessment Rate — The Owners have been charged the standard rates for Service Line Replacements which include: $800 for one utility (sewer or water) and $1200 for two utilities (sewer and water) NOTE: Service Replacement Charges are assessed as J7033. COUNCIL ACTION REQUESTED: Adopt the resolution levying the proposed assessments. )UNCIL ACTION: Motion by: second by __ to 1 Lo -�) REQUEST FOR COUNCIL ACTION MEETING DATE: 7/2/01 nrENDA SECTION: ORIGINATING DEPT: ITEM N0. PUBLIC HEARINGS Finance C5 — D ITEM DESCRIPTION: PREPARED BY: Giving Host City Approval to the City of Oronoco, Minnesota in Their D. Martinson Issuance of Revenue Obligations for a Project by Resurrection Evangelical Lutheran Church of Rochester, Located in Rochester The City of Oronoco has been asked to issue conduit revenue bonds on behalf of a 501(C)(3) nonprofit agency for a project to be located in the City of Rochester. The proposed borrower is the Resurrection Evangelical Lutheran Church of Rochester, Minnesota ("Borrower"). Minnesota Statutes, Section 469.152 through 469.165 requires that the City approve of the City of Oronoco issuing such bonds if the monies are to be used for a project located within the City's boundaries. Monies from the bond issue would be used for a portion of the cost of constructing and equipping a 15,938 square foot addition to Borrower's elementary school and renovating and equipping 2,129 existing square feet at its location of 4520 19" Avenue N.W. in Rochester. The City does not participate in the issuance of these bonds, and is making no recommendation to the City of Oronoco to issue the bonds. The City would have no obligation whatsoever with respect to the bonds or the project. The City's bond counsel has reviewed the proposed resolution consenting to the issuance and has made minor amendments to further protect the City. City staff recommends approval of the proposed financing. Council Action Requested Adoption of the prepared resolution approving and consenting to acting as host city in the financing of the project for Rochester Evangelical Lutheran Church of Rochester, Minnesota. DUNCIL ACTION: Motion by Second by. to: REQUEST FOR COUNCIL ACTION MEETING DATE: 7/2/01 AGENDA SECTION: Reports and Recommendations ORIGINATING DEPT: Administration ITEM NO. F' ITEM DESCRIPTION: Carpet One Final Site Plan PREPARED BY: S. Kvenvold One of the City Council approval conditions on the final site plan for the proposed Carpet One store in the Arboretum Special District required the developers to acquire and dedicate a public easement to allow for the looping of a water main that would serve this project and provide the water pressure necessary to satisfactorily operate the fire sprinkler system. The developer has indicated that he is unable to secure the necessary easement from Cordual Properties and that he should not have to pay to acquire the easement. The developer is anxious to have the matter resolved in order that he may obtain a building permit. COUNCIL ACTION REQUESTED Some of the options available to the Council are: 1) Maintain the condition as currently imposed. The developer would then be required to proceed to attempt to obtain the easement from Cordual Properties. It is my understanding that Cordual would agree to convey the easement for $20,000 for the 12' by 79' foot easement required. This property would therefore cost approximately $21 per square foot for this relatively unusable property. 2) The Council could adopt a resolution deleting this condition from the first site plan for Carpet One. Since the water main looping is needed to provide adequate water service to the site, the City would be required to purchase the necessary easement. 3) The Council could agree to acquire the easement, through condemnation if necessary, with the developer paying the City's expenses, or the Council could agree to share in the acquisition expenses. COUNCIL ACTION: Mobonby: second by: to: l6? rib I& A.B. SYSTEMS, INC. / 209 WOOD I_A.KE OR. S.E. / ROCHESTER, MN 55904 / (507) 2B8-9397 Ge^era! Cnnaracl or Developer FAX (507] 2BB-5113 June 28, 2001 City of Rochester Mr. Stevan Kvenvold 201 4th Street S.E. City Hall, Room 266 Rochester, MN 55904 SUBJECT: Building Permit Carpet One 5139 West Frontage Highway 52 Road N.W. Rochester, MN 55901 A. B. Systems, Inc. Project 21-030.01 Dear Mr. Kvenvold: Mr. Kvenvold Fax 287-7979 A. B. Systems, Inc. is trying to obtain the final building permit for this project, and we are hereby sending by fax the related information. A hard copy will be sent by mail. 1. This project is located in the SD-1 Arboretum Special District. The Rochester City Council approved this project subject to eight (8) conditions. 2. The owner, builder, architect, and civil engineer have agreed to these conditions with the exception of a portion of Item No. 6, which requires a WATER MAIN UTILITY EASEMENT through an adjacent property. The property is presently owned by Cordual Establishment Inc. 3. Robert Ward, the Attorney representing Cordual, is not willing to grant the Water Main Utility Easement without compensation. 4. The easement consists of an area 12.19 feet wide x 78.93 feet long or approximately 962 square feet, which runs parallel with an existing sanitary sewer line easement. S. The owner, Darren Groteboer, does not feel that he should pay for an easement through an adjacent property which is not owned by him. He feels that the City of Rochester should have acquired this easement when the sanitary sewer easement was procured. I b7 The Rochester Utility Department is requiring that the water main be connected and looped to obtain higher water pressure and to prevent a dead end water line. The Utility Department is also asking the owner to pay for this looped water connection which will cost $4,070.00. The owner feels that the City of Rochester should participate in this cost. 6. My immediate problem obtaining a Zoning Certificate in order to obtain a building permit. Enclosed please find attachments for Items 1, 2, 3, 4, and 6. Pursuant to our telephone conversation of today, please review this with the Council on Monday, July 2, 2001 and advise me accordingly. Your assistance will be greatly appreciated. Sincerely, A. SYSTEMS, INC. ter Schuller President and CEO Enclosures PS/vmf c.c. Darren Groteboer '1P.29.7001 3:23PM H H SYSTEMS C(R,� REQUEST FOR COUNCIL ACTION MEETING 7i DATE 2-5-01 4GENDA SECTION: ORIG TING DEPT: ITEM NO. \\ PUBUGJMARINGS 1TEM DESCR PTION: Final Site Plan for Carpet One store in SD-1, Arboretum Special �• ,PREPARED BY: 'ta A Baker, \ District. \ \ January29, 2001 The Rochester Planning and Zoning Commission considered this application at a public hearing on January 10, 2001, The Commission considered and approved a Variance to the impervious surface coverage within the Shoreland Overlay District. The Commission recommends approval of the Final Site Plan, subject to the following conditions/modifications: Site and utility plans shall be revised to comply with comments from RPU Water dated November 21, 2000. . An additional hydrant shall be provided, per comments from Rochester Fire Department dated November 30, 2000. Separate grading drainage plan approval and permit are required prior to development. The applicant shall grade a 10' wide bituminous path within the property of this application along the south side of Kings Run Creek. The applicant shall coordinate with the Park Department on the location of the path. Prior to development, the Kings Run Corridor and pedestrian trail area shall be dedicated to the City or easements shall be dedicated covering these areas. ,5/. Additfonal easements may be required for drainage or utility purposes. Any easements necessary for the development of this property shall be executed prior to development. B. The extension of public watermain and/or the addition of hydrant(s) on -site will require the dedication of an. applicable easement, and the execution of a City -Owner Contract. Future additions are not approved with this application. if additions are pursued in the future, the applicant will need to submit an application to amend the approved Final Site Plan. Execution of Maintenance and Ownership Agreement is required for the proposed private stormwater treatment pond. Council Action Needed: 1- If the Council wishes to proceed, it should instruct the City Attorney to prepare a resolution approving the proposed Final Site Plan. ;OUNCILACTION: Moeou oy _ sea dby: to: • 7U'+.2s.2221 3:23?" F e eY57Et15 WATER MAIN UTILITY EASP—MENT THIS INDENTURE made this day of 20_, by and between CORD12L ESTABLISHMENT INC., a Minnesota corporation, hereinafter "Grantor", and the CITY OF ROCHESTER, a Minnesota municipal corporation, hereinafter"Grantee ". WITNESSETH: In consideration ofthe payment of ONE DOLLAR and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby dedicate to the public, and does hereby grant, bargain, sell, and convey to Grantee, a water main utility easement over, under, and across the following described land in the City of Rochester, Olmsted County, Minnesota, to wit: A permanent water main utility easement for construction and maintenance purposes, over, under, and across that part of the Northeast Quarter of the Northwest Quarter of Section 16, Township 107 North, Range 14 West, Olmsted County, Minnesota, described as follows: Beginning at the northwest comer of Lot 1, Block I, of THE ARBORETUM FIRST SUBDIVISION, according to the plat thereof on file at the County Recorder's office, Olmsted County, Minnesota; thence westerly on a Minnesota State Plane Grid Azimuth from north of 268 degrees 05 22 seconds along the westerly extension of the north line of said Lot I distance o(12.19 eet; thence southwesterly 210 degrees 39 minutes 22 seconds azimutK79.93 feet; theac. a .terly I I I degrees 59 minutes 22 seconds azimuth 12.57 feet thence northe�terty 30 degrees 00 minutes 39 seconds azimuth 79.62 feet to the easterly line of said Lot 1; thence northerly 13 degrees 04 minutes 28 seconds azimuth along said easterly line 4.17 feet to the point of beginning. Grantor does hereby covenant with Grantee that it has lawfully seized and possessed of the real estate above described, that is has a good and lawful right to convey the same, that the said real estate is free from all encumbrances, and that it will forever warrant and defend title thereto against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantors have caused these presents to be executed on the date and year f= above written. CORDUL ESTABLISHMENT INC. BY: ITS; STATE OF MINNESOTA ) ) SS COUNTY OF 7 Grantor On this day of 2001, before me, a notary .public within and for said county, personally appeared the proper officer of CORDUL ESTABLISHMENT INC., a Minnesota corporation, personally known to me to be the person described in and who executed the foregoing instrument on behalf of the corporation. Notary Public a UTILITY EASEMENTS PART OF THEN 1/2 OF SEC. 16, T107N, R14W OLMSTED COUNTY, MINNESOTA 0 50 100 2CO I i SCALE IN FEET e �EH PEDE57RW1 \ Fk. U0. U.E i EASEVENT ,04) O i O PARCEL. A U.E. = UTILITY EASEMENT UTILITY FASFVeNT DEf= T F'4'O I ti No Tqc� \ R - PARCEL B 6 ! 1 P.O.B.AAL 000 BANK EASE1 ! ` W� Z j COm Q J t7y z W / t'f V/ Ou o a m Q Z W o� Uj r z E— ,y O An unobstructed easement for the construction and maintenance of ell necessary overhead, underground or surfoce Publle uttllGes, including rights to conduct dro;nage and trimming an said easement. EBY CERTIFY THAT THIS SURVEY, PLAN OR ENOINEERS•ARCHITECTS PROJECT NUMBER 7031RT WAS PREPARED BY ME OR UNDER MY T SUPERVISION AND THAT I AM A DULY SURVEYORS • PLANNERS DATE OF SURVEY 4/4/2001ESTATEOFMINNES SED LAND SURVEYOR U THE LAWS LANDSCAPE ARCHITECTS k TA SURVf:YEp 9Y YCd 717 THIRD AVE. S.E. ROCHESTER, MN RUDE LICENSE EXPIRES 6130/02 507-266.6464 i SURVEYED FOR A B SYSTEMS, INC t` �-�— ��4TZ MASON CITY, IA 50401 D{.TE NUmgER 515-424-6344 t Sur i. 2e. 2o21 3 c 34Pr1 A E SYS I Er15 WARD & OEHLER, LTD. Attorneys at Law Robert T. Ward William Oohler Mav 25.2001 Mr. Peter Schuller A.B. Systems, Inc. 209 Wood Lake Drive S,E. Rochester, MN 55904 Dear Mr. Schuller: 1765 GREENVIEW DRIVE S.W. ROCHESTER, MINNESOTA 55902 Telophone f507) 2S5-5567 Facsimile(507)298-5589 Cordul Establishment Inc. is not willing to sign your proposed Water Main Utility Easement (copy attached) without compensation. Yours truly, W & OEHLER, LTD, Robert T. Ward RTW/dM O V t., •. ,tA4 C.•�H.N 1i'h,Il {��.PN1�4.LLLL �N�. bN4 �N,� SL-t-S ''d.LS i D ' 1 -35 ,oz ; 3 � d J iJl 1. CO. CUul G4n'i n D _+��-vu i �3 Project Name: Address: Applicant's Name: Company: Address: City, State, Zip: Phone: Fax Number; Comments ZA Action Form O.K. For Plan Check at Rochester 131 Zoning C 'fica�e De}t�e� Other K U�l„'MI V" /}I;,r (I)'I v Rochester -Olmsted Planning Department 2122 Campus Drive SE, Rochester MN 55904 (507)2S5-8232 No. 1 354 U ' (W- 7 Form fiM920-25 REQUEST FOR COUNCIL ACTION MEETING DATE: (_'3 7-2-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. r REPORTS RECOMMENDATIONS Public Works _.N DESCRIPTION: Traffic Study 4th Avenue & 131h Street SE PREPARED BY: D. Rossman Staff has completed a Traffic Study for the intersection of 4'h Avenue & 13`h Street SE. as requested by Carol Nassif of 1251 4'h Avenue SE (292-9725). Attached is a map of the area. The intersection study included the following items: 1. Visual Observation the intersection during the daytime hours and during the nighttime hours during the month following the request. Things to be observed are; a) Are all the traffic control signs of record inplace? Yes, the east -west approaches both have stop signs, which are in good condition. b) Is there a street light inplace and is it working? Yes, it is on the SW comer. c) Is the intersection visible on all approaches at a distance that drivers can stop? Yes, there are no visibility obstructions. d) Is there anything unusual about the intersection? No. 2. Accident History: There are four recorded traffic accidents at this intersection in the past 5 years. This is below the City —wide average for intersections with stop sign control. 3. Geometries: The intersection is at a 90-degree angle, which is normal. See the aerial photo. 4. Area Stop Pattern: Attached is a map showing the area Stop Pattern. 4' Avenue is a Thm Street from the cul-de-sac in the 1500 block to 121h Street. It is similar that way to 6`h Avenue, and 8'h Avenue SE. It would not be appropriate to reverse the Stop Pattern at this intersection since that would affect the East-West Stop Pattern in a negative manner. 5. Street Widths: 4'h Avenue has a 34-foot wide pavement on a 66-foot ROW. 13`h Street has a 29- foot wide pavement on a 66-foot ROW. 6. Sidewalks: There are sidewalks provided on portions of 4`h Avenue but none on 11' Street. Some future sidewalk may be warranted on 13'h Street. 7. Traffic Volumes: Both roadways have traffic volumes less than 1,000 cars per day. This is well within the range where the existing traffic control is adequate. 8. Expected traffic changes in near future: No changes are anticipated other than normal growth. F,.-....., COUNCIL ACTION REQUESTED: 1. Leave the Traffic Control as it is. 2. Or Reverse the Stop Sign Pattern to stop the North -South approaches instead of the East-West. 1UNCIL ACTION: Motion by: Second by: to: 15 ST SE ro!l 16 ST SE iOlasTm 12STSEOO 13 Si SE 13112STM 14 Sig �lz � 14 V2 ST SE N., 15STM IV- 11 rqTers eG4 e— -SI'll 'i, A V4- ei IV5� -� E 0- : 3 it p 5 1 J;- REQUEST FOR COUNCIL ACTION ENDA SECTION: SOLUTIONS AND ORDINANCES 11 EM DESCRIPTION: RESOLUTIONS AND ORDINANCES G. 1. RESOLUTIONS ORIGINATING DEPT: CITY ATTORNEY'S OFFICE G. 2. FIRST READING OF ORDINANCES, as appropriate. G. 3. SECOND READING OF ORDINANCES (for adoption). MEETING DATE: 7/2/2001 IT NO. G PREPARED BY: 00 a) An Ordinance Annexing to the City of Rochester Approximately 165 Acres of Land Located in a Part of the East Half of the Southwest Quarter of Section 16, the East Half of the Northwest Quarter and the Northwest Quarter of the Northeast Quarter of Section 21, Township 105 North, Range 14 West, Olmsted County, Minnesota. Said Property Located on the Southside of the Airport. G.4. MISCELLANEOUS t.OUNCIL ACTION: Motion by: second