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HomeMy WebLinkAbout07/16/2001_RegularCITY OF ROCHESTER COUNCIL AGENDA COUNCIL/BOARD CHAMBERS GOVERNMENT CENTER 151 4T" STREET SE MEETING NO. 14 REGULAR ADJOURNED PAGE (1-2) A) OPEN COMMENT PERIOD B) CALL TO ORDER C) LETTERS AND PETITIONS JULY 16, 2001 7:00 P.M. (3-4) D) CONSENT AGENDA/ORGANIZATIONAL BUSINESS 1) Approval of Minutes (5-6) 2) Request Position Change at the Public Library (7-16) 3)— Funding for Development of South Zumbro Watershed Water Management Plan (17-22) 4) Refinance of Weatherstone Bond Issuance (23-28) 5) Weatherstone Phase 2 Preliminary Bond Resolution (29-30) 6) Resolution of Support for 2002 Housing Tax Credit Application by Weis Builders (31-32) 7) Resolution of Support for 2002 Housing Tax Credit Application by Podawiltz Development Corporation and Freedom Development (33-34) 8) Amendment to City TIF Policies Related to Application Fees (35-36) 9) Approval to Transfer $17,000 from City Park & Recreation Department Reserve Fund to City of Rochester's Community Development Block Grant Line of Credit (37-38) 10) Change Order #11 with Alvin E. Benike Inc. for Terminal Building Improvements (39-40) 11) Lease Agreement with Aerodrome Group, Inc. for Office Space in Terminal Building (41-42) 12) Lease Agreement with Aerodrome Group, Inc. for Office Space in Terminal Building (43-44) 13) Licenses, Bonds & Miscellaneous Activities (45-46) 14) Amend Ordinance 3402/Annexation of Airport Property (47-48) 15) Approval of Accounts Payable (49-50) 16)— Approving Resolutions Authorizing Interfund Advances for Various Approved Tax Increment Financing Projects (51-52) 17) Release of Liability Statement Council Agenda July 16, 2001 Page 2 (53-54) 18) Donation of Preliminary Breath Tester (55-56) 19) Approval to Enter into a State of Minnesota Operation NightCAP Grant (57-58) 20) Safe & Sober 2001 Grant Application (59-60) 21) Amendment to Stormwater Agreement with Salem Sound and Salem Point Homeowners Associations (61-62) 22) Highway Maintenance Agreement between Olmsted County and the City of Rochester (63-64) 23) Professional Services for Regional Stormwater Pond to Serve East Circle Drive NE Area (65-66) 24) Award of Contract/Bamber Lake Area Pond/Storm Sewer Improvements (67-68) 25) Development Agreement/Southem Hills Third (69-70) 26) Development Agreement/Northem Heights Village (71-72) 27) Owner Contract/Bamber Lake Area Pond Outfall System Improvements (73-74) 28) Owner Contract/Basic Construction in Summit Pointe Second (75-76) 29) Owner Contract/Watermain to Serve Lot 1, Block 1, Circle Drive Business Center (American Express) (77-78) 30) Owner Contract/Basic Construction in Kingsbury Hills Second (79-80) 31) Owner Contract/Basic Construction in Southern Hills Third Addition (81-82) 32) Pedestrian Facilities Agreement/Diocese of Winona (83-84) 33) Stormwater Management Agreement (85-86) 34) Contract Approval of Maintenance Agreement for ICON Pavement Management Software (87-88) 35) Proposal for Preliminary Project Analysis for Sanitary Sewer and Watermain to Serve Southport Subdivision Area (89-90) 36) Limited Parking Zone @ 815 4th Street SE (91-92) 37) Permit Parking Petition from 1st Street NW/1100 Block (93-94) 38) , State and County Agreements for Emergency Vehicle Preemption of Traffic Signals (95-96) 39) CY 2001 ZIPS Funding Contract/Olmsted County (97-98) 40) Bids for Control System Upgrade (Process Control Computer Replacement) at WRP E) HEARINGS (99-100) 1) Abatement Order for Property at 1950-2024-2032 and 2048 8-1/2 Street SE, Rochester, MN (101-108) 2) Annexation by Ordinance Petition by Gene Peters to Annex Approx. 7.87 Acres Along West Side of 18`" Avenue SW, North of 36'" St. SW Council Agenda July 16, 2001 Page 3 (109-126) 3) Amendment to General Development Plan Known as Hart Farms/Add Approx. 7.87 Acres Along North Side of Property (127-144) 4) Preliminary Plat by Gene Peters to be Known as Hart Farms North Subdivision (145-162) 5) Final Plat to be Known as Badger Ridge Third Subdivision (163-172) 6) Final Plat by Joel Bigelow and Sons Enterprises, Inc. to be Known as Southern Hills Third (173-184) 7) Final Plat to be Known as Summit Pointe Second (185-194) 8) Final Plat to be Known as Spruce Meadows Second (195-204) 9) Annexation by Ordinance Petition by Schaffenberger, Cassidy and Fogarty to Annex. 19.05 Acres North of Emerald Hills Development & South of 48t' Street NE F) REPORTS AND RECOMMENDATIONS (205-206) G) RESOLUTIONS AND ORDINANCES H) TABLED ITEMS 1) OTHER BUSINESS J) ADJOURNMENT REQUEST FOR COUNCIL ACTION MEETING I DATE: 7/16/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. OPEN COMMENT PERIOD CITY ADMINISTRATOR A ITEM DESCRIPTION: OPEN COMMENT PERIOD PREPARED BY: S. KVENVOLD This agenda section is primarily for the purpose of allowing citizens to address the City Council on a topic of their choice. The following guidelines apply: • This section of the agenda may not be used as a forum to continue discussion on an agenda item which has already been held as a public hearing. • This agenda section is limited to 15 minutes and each speaker is limited to 4 minutes. • Any speakers not having the opportunity to be heard will be first to present at the next Council meeting. • Citizens may only use this forum to address the Council on a maximum of one time per month. • Matters currently under negotiation, litigation or related to personnel will not be discussed in this forum. • Questions posed by a speaker will generally be responded to in writing. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING `/ DATE: 7/16/01 er;:NDASECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA 7CITY ADMINISTRATOR D-1-40 ITEM 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. Request Position Change at the Public Library D-3. Funding for Development of South Zumbro Watershed Water Management Plan D-4. Refinance of Weatherstone Bond Issuance D-5. Weatherstone Phase 2 Preliminary Bond Resolution D-6. Resolution of Support for 2002 Housing Tax Credit Application by Weis Builders D-7. Resolution of Support for 2002 Housing Tax Credit Application by Podawiltz Development Corporation and Freedom Development D-8. Amendment to City TIF Policies Related to Application Fees D-9. Approval to Transfer $17,000 from City Park & Recreation Department Reserve Fund to City of Rochester's Community Development Block Grant Line of Credit D-10. Change Order #11 with Alvin E. Benike Inc. for Terminal Building Improvements D-11. Lease Agreement with Aerodrome Group, Inc. for Office Space in Terminal Building D-12. Lease Agreement with Aerodrome Group, Inc. for Office Space in Terminal Building D-13. Licenses, Bonds & Miscellaneous Activities D-14. Amend Ordinance 3402/Annexation of Airport Property D-15. Approval of Accounts Payable D-16. Approving Resolutions Authorizing Interfund Advances for Various Approved Tax Increment Financing Projects D-17. Release of Liability Statement D-18. Donation of Preliminary Breath Tester D-19. Approval to Enter into a State of Minnesota Operation NightCAP Grant D-20. Safe & Sober 2001 Grant Application D-21. Amendment to Stormwater Agreement with Salem Sound and Salem Point Homeowners Associations D-22. Highway Maintenance Agreement between Olmsted County and the City of Rochester D-23. Professional Services for Regional Stormwater Pond to Serve East Circle Drive NE Area D-24. Award of ContractBamber Lake Area Pond/Storm Sewer Improvements D-25. Development Agreement/Southem Hills Third D-26. Development Agreement/Northem Heights Village D-27. Owner ContractBamber Lake Area Pond Outfall System Improvements COUNCIL ACTION: Motion by: second by: to: 4 Request for Council Action Approval of Consent Agenda Items July 16, 2001 Page 2 D-28, Owner Contract/Basic Construction in Summit Pointe Second D-29. Owner Contract/Watermain to Serve Lot 1, Block 1, Circle Drive Business Center (American Express) D-30. Owner Contract/Basic Construction in Kingsbury Hills Second D-31. Owner Contract/Basic Construction in Southern Hills Third Addition D-32. Pedestrian Facilities Agreement/Diocese of Winona D-33. Stormwater Management Agreement D-34. Contract Approval of Maintenance Agreement for ICON Pavement Management Software D-35. Proposal for Preliminary Project Analysis for Sanitary Sewer and Watermain to Serve Southport Subdivision Area D-36. Limited Parking Zone @ 815 4t' Street SE D-37. Permit Parking Petition from I" Street NW/1100 Block D-38. State and County Agreements for Emergency Vehicle Preemption of Traffic Signals D-39. CY 2001 ZIPS Funding Contract/Olmsted County D-40. Bids for Control System Upgrade (Process Control Computer Replacement) at WRP COUNCIL ACTION REQUESTED: Motion to approve consent agenda items. REQUEST FOR COUNCIL ACTION MEETING !�707 / DATE: 7/16/01 AGENDA SECTION: ORIGINATING DEPT: ITE­MN . Consent Administration b _ ;;i__ ITEM DESCRIPTION: Requested Position Change at the Public Library PREPARED BY: S. Kvenvold The Library currently has a vacancy in an authorized'/2 time permanent position and will have two temporary positions vacant in August. The Library is requesting authorization to make the 1/2 time position a full-time position and transfer the temporary hours salaries to the new full-time position to pay for the additional full-time hours. The overall cost of this proposal would be just slightly less than currently experienced and provide the Library with more stability in the positions than currently experienced. I recommend your approval of the request. I have briefly discussed this request with the members of the Personnel Advisory Committee and they have indicated their approval of the request as proposed. COUNCIL ACTION REQUESTED Request a motion authorizing the Library's 20 hour Library Assistant I position to be converted to a 40 hour position with the deletion of a temporary Library Aide II position and a temporary Page position. COUNCIL ACTION: Motion by: Second by: to: no 11 Kvenvold, Steve From: AUDREY BETCHER [AUDREY@rochester.lib.mn.us] Sent: Friday, July 06, 2001 3:41 PM To: skvenvold@ci.rochester.mn.us Subject: Readers Service Division openings Just this week we had an employee who is in an authorized/benefitted 20 hour position resign (Library Assistant 1). In August we will have a Library Aide 11 (18.5 hour) position and a page position opening (both are students going back to college). The Library Aide job has been difficult to fill and difficult to keep filled. The last person hired for the job stayed less than 6 months. Right now the position is being filled by a student who worked for us in the past who we could easily train because of previous experience to do the job for the summer. Please consider making the authorized position 40 hours. We would use temporary salary hours to make up the difference. Here are the numbers (all numbers show 2001 for the whole year): Current 2001 Budgeted Salary Pension Insurance Total Library Assistant 1 18018 2311 7014 27343 (20 hours) Temporary Hours 17360 1877' 19237 (42.5 hours) ------- $46,580 Proposed 2001 Salary Pension Insurance Total Library Assistant 1 26252 3368 7014 36634 (40 hours) Temporary Hours 8281 914 9195 (21 hours) ------ $45,829 Library Aide and Page Pension rates are not the same. Audrey Belcher, Director Rochester Public Library 101 2nd St SE Rochester, MN 55904 (507)285-8011 audrey@rochester.lib.mn.us www.ci.rochester.lib.mn.us/library REQUEST FOR COUNCIL ACTION MEETING 0*7 DATE: 7/16/01 [AGENDA SECTION:O. CONSENT C TYNADMINISTRATOR DEPT:IT6 N3 ITEM DESCRIPTION: FUNDING FOR DEVELOPMENT OF SOUTH ZUMBRO WATERSHED WATER MANAGEMENT PLAN G. NEUMANN At the 8/7/00 meeting the Council approved $20,000 in funding for a study of the stormwater and water quality of the South Zumbro Watershed area that lies outside of, but adjacent to, the City of Rochester. As is explained in the RCA from that meeting, a similar $20,000 from Olmsted County would be utilized to provide a total match for $40,000 in grant funds from BWSR. The total study was estimated to cost $80,000. This year 2000 grant request was not approved. However, County staff revised and resubmitted the request to BWSR this summer. The total cap on the BWSR grant amount was raised from $40,000 to $54,000. This $54,000 grant was approved, but it will require that the local matching funds increase to $54,000. The County approved $25,000 in matching funds on 7/10/01. The City is being requested to increase its approved funding from $20,000 to $25,000. Dodge County has been requested to provide the remaining $4,000. Staff recommends approval of the request. Water flow and water quality in this area that is being studied will have a significant impact on Cascade Lake. The study information should be useful to determine some of steps needed to improve water quality on that lake. COUNCIL ACTION REQUESTED: Approval to increase the funding from SZW Water Management Study from $20,00 to $25,000. COUNCIL ACTION: Motonby; second by: REQUEST FOR COUNCIL ACTION i f ,IN ACE )WATER MEETI DA : 817100 IT NO, PREPARED BY: G.NEUMANN e is an The Olmsted County Water Coordinator g gant funding to devthe ety lop staff surface atemanagement pand the County Board that lanrfor the opportunity to secure $40,000 in matching grant aftSouth Zumbro Watershed. The proposed plan would It modeledwill then anmainder extensi the South Zu Water bro Management Plan that the City of Rochester prep Watershed outside of the City of Rochester. The development of the plan will be useful to Olmsted County in meeting requirements. f eThese regulations tions impose the EPA known as the "Total Maximum Daily Limued by it" (TIvID) on local governments relating to storm water management. The County has significant new requirements) 000 in matching funds for the grant. The County has requested that the City recently agreed to provide provide an equal $20,000. The total project is estimated to cost $80,000. the The rationale for City participation in the study is that the South Zumbm Watershed storm water flow isThe staff City of Rochester. Water anayaacuality issues outside the City will matching funds. The is recommending that he CtYbgr eeo participate to in the study by providing m ff, however, that this participation should not assume any future funding by e staff has advised the County sta City for construction of storm water facilities outside of the City limits. The City's new obligations under the ermine TMDL will be potentially significant in terms of new costs for the City . Until that pcts�ustrficabetttiontfor CitI} the City could not assess whether there would be sufficient funding involvement in storm water facilities that are not located within the City limns. The main objectives that the County staff listed for the study were as follows: 1. Reduce peak flow capacities at new bridges and culverts, and extend the life of existing structures. 2. Assist the County in meeting the proposed federal and sfate Phase II Stormwater Rules. 3. Meet 100-year storm event designs for flood control and sediment reduction. 4. Assure downstreamecreational watersrds suchor as arcade ana Chester Woods Lakes and Willow Creek Reservoir (WR )e 5. Identify wetland restoration and enhancement areas. 6. Assure that the seven flood control reservoirs meet their designed life expectancies within the originally planned maintenance schedules. sawnd NCIL ACTION: MoNonby, 9 Request for Council Action South Zumbro Watershed Surface Water Management Plan August 7, 2000 Page 2 The County staff has suggested that the South Zumbro Watershed Joint Powers Board would be a logical group to oversee the study. This office does not have any objections to that recommendation. COUNCIL ACTION REQUESTED: Approval to provide $20,000 from 301-2137 Develop Comprehensive Stormwater Management Plan Account to match Olmsted County funding for the South Zumbro Watershed Surface Water Management Plan. �7 Z4 May 15, 2001 Mike Cousino 2112 Camput Drive SE Rochester, MN 55904 Dear Mike: RECEIVED MAY 18 20 OLMSTED COUN Y PUBLIC WORKS DEPT. One West Water Street Congratulations, the South Zumbro Watershed Stormwater & Capital Improvement Suite Zoo St. Paul, MN 55107 project Plan P ect has been selected to receive $54 000.00 from the Board of Water and Soil I ) 29) 3767 Resources' (BWSR) Local Water Planning Challenge Grant Program. The BWSR will be Fax15 receiving funds from the Legislative Commission on Minnesota Resources (LCMR) to for Field offices these grants, pending the Legislature approving the appropriation, which is expected to happen within the next few weeks. In the mean time it is important to proceed with Northern Region: developing the required detailed workplans and budgets and executing the grant agreement 394 S. Lake Avenue Roam 403 so the money can be sent as soon as it is appropriated to BWSR (sometime shortly after July Duluth, MN 55802 1, 2001). Please pay attention to the following important points: (218)723-4752 l=yirla. ,dv, ..Si- (3 Y 9 Fax (218) 723-4794 _ .. • The workplan must be a rpp Dyed by your BWSR Board Conservationist and received in" 3217 Bemidji Avenue N. the BWSR St. Paul office within 90 days of the date of this letter. If an approved Bemidji, MN 56601 workplan has not been received in that time period funding will be rescinded and the Fax ( 755-a235 5- Fax (219) 755-4201 reallocated to the next eligible project, $ P J 217 S. 7th Street • This grant requires one-to-one cash match: Suite 202 Brainerd, MN 56401-3560 O Eligible match costs are those directly incurred by project activities solely related (218) 828-2383 to carrying out the actions in the approved workplan. Fax (218) 828-6036 o Resolutions documenting your commitment to the match are required and must 1 Southern Region: submitted with the signed grant agreement. 261 Highway 15 S. New Ulm, MN 56073-8915 o Salaries of existing staff can only be used if the time they apply to the project is F2X ( 07) 35 4 Fax (507) 359-6018 back filled b a new position. Y 40-16th street SE o Overhead costs such as office space, utilities, etc. are not eligible as match. Suits A Rochester, MN 55904 Materials and information generated from this project are public. • $ P J Fax (285-7458 0- Fax (so7) zoo-2a7s A legal contract must be executed for an professional services in equal to or more $ Y P 9 than of $2,500. Box 267 1400 E. Lyon Street • A sample grant agreement is enclosed for your information and review. Marshall, MN 56258 (507) 537-6060 . Identify the Minnesota Future Resources Fund, administered by the LCMR, in any Fax (507) 537-6368 newsletter, signage or other project publicity. Metro Region: One West Water Street . Project progress reports are due quarterly with a final report required via LARS or I P $r P q Y P q Suite 250 other electronic reporting system. Please be committed to meeting the reporting St. Paul, MN 55107 requirements, past performance in this area has been a bit disappointing. (612) 282-9969 Fax (612) 297-5615 Thank you for your attention to the points in this letter. I encourage you to contact your Board Conservationists at your earliest convenience to discuss the workplan and budget that An equal opportunity employer (s)he will ultimately approve. Feel free to call me with any questions. Finally, we are Printed on recycled paper assembling an email list of grant recipients so look for email communication in the future. Sincerely R Water Planning Coordinator REQUEST FOR COUNTY BOARD ACTION / ��;ENDA DATE: July 10 2001 ITEM NO. t- REPARED BY: Mike Cousino, Public Works Director STATE ITEM OF BUSINESS WITH BRIEF ANALYSIS AND ACTION REQUESTED OF THE COUNTY BOARD: South Zumbro Watershed and NJF81 The Minnesota Board of Soil and Water Resources (BWSR) has awarded Olmsted County $54,000 in matching funding to develop a Stormwater Management Plan for the South Zumbro watershed. Staff request that $25,000 of the County's 2001 contingency fund be authorized for the required match. Similar requests for matching funding for this project have been made to the City of Rochester for $25,000 and Dodge County for $4,000. The proposed plan will be modeled after the Rochester Surface Water Management Plan and will cover the remainder of the South Zumbro watershed — the area that lies outside of the Rochester Urban Service Area. As proposed, the objectives of the Plan will be to: • Reduce peak flow capacities at new bridges and culverts, and extend the life of existing structures. • Identify wetland restoration and enhancement areas. • Assure the seven -flood control reservoirs meet their designated life expectancies within the originally planned maintenance schedules. • Assist the County in meeting the federal and state Phase II Stormwater Rules. A consulting firm will be hired to develop the plan. The planning process will be overseen by a Policy Advisory Committee comprised of member of the South Zumbro Watershed Joint Powers Board, with a liaison from Dodge County. A Technical Advisory Committee will be comprised of staff from participating department and local, state, and federal water and land resource agencies. The project will being in August 2001 and be completed in July 2003. Board Action Requested Approval of the 2001 BWSR Grant for the South Zumbro Watershed Stormwater & Capital Improvement Plan and authorization to fund $25,000 from the 2001 County Contingency Fund. Staff will be available to answer questions. t\brd agnda\ad mi n\szws dp2001 REVIEWED WITH ADDITIONAL MATERIAL PROVIDED: County Administrator ALL REQUESTS FOR COUNTY BOARD AGENDA TIME MUST BE IN THE COUNTY ADMINISTRATOR'S OFFICE BY THE MONDAY -OF WEEK BEFORE THE BOARD M WHEN MONDAY IS A HOLIDAY, THE PREVIOUS FRIDAY IS THE DEADLINE. �O2-12003 CHALLENGE GRANT APPLICATION 1. REFERENCE INFORMATION Applicant: Title of the proposed project: Project Manager & title: Fiscal Agent: Mailing Address: Telephone and fax number: Email address: Total amount requested: Improvement Plan Mike Cousino, Olmsted County Public Works Director (507) 285-8231 (507) 287-2320 cousino.mikefcDco.olmsted.mn.us $54 000 Match Category: Cash Match Only 2. PROJECT PURPOSE A "South Zumbro Stormwater and Capital Improvement Plan" will be developed that utilizes riparian buffers, rural section rain gardens, wetland restorations, stream bank erosion controls, and stormwater management for water quality and wildlife habitat improvement. 3. PROJECT SUMMARY A. Relationship to County Comprehensive Local Water Plan (CLWP) The project is supported in the Olmsted and Dodge County's CLWP (1) as specific action items, (2) as a priority watershed area, (3) as benefiting five priority lakes and reservoirs, and (4) providing the groundwork for implementing the priority resource management strategies. The information and plan will be utilized in setting stormwater management project priorities for the participating counties, SWCDs, and townships. • Action Item: The 1998-2002 Olmsted County CLWP identifies the project as a high priority action ite— (page 35): "Support the development of a surface water runoff management plan for the South Zumb watershed area within Olmsted County to identity priority areas for implementing water and soil conservation practices." The 1996-2005 Dodge County CLWP identifies the project as a priority action item (page 16): "Inventory, study, and protect wetlands which provide significant recharge to groundwater, reduce flooding, and reduce soil transport. Pursue enhancement and restoration of wetlands which could provide these qualities." Priority Water Management Area: The South Zumbro watershed is identified in the Olmsted County CLWP as a high priority surface water management area (page 7). "Within high priority watersheds... special pollution prevention and landscape management measures will be taken" (page 6). • Priority Water Bodies: Five of the six high priority lakes and reservoirs identified in the Olmsted County CLWP are in the South Zumbro watershed. These include Silver Lake, Cascade Lake, Chester Woods Lake, Zumbro Lake, and Willow Creek Reservoir (page 9). Priority Resource Management Strategies: The proposed project implements priority resource management strategies for both Olmsted and Dodge County. Olmsted County CLWP identifies pollution prevention strategies "to reduce the rate of nutrient losses and pollutant loadings into surface and ground water to no more than the natural system's ability to attenuate them " (page 11). Also, the landscape management strategy section of the County's plan is "to preserve, restore, and enhance natural systems that provide water retention, nutrient cycling, pollutant degradation, biological diversity, and recreation" (page 12). Dodge County CLWP identifies priority resource management strategies as to "provide incentives to landowners to implement best management practices for... stormwater management" (page 17). B. Desired Outcome(s): ` The alteration of the natural hydrology by roadways is now so extensive that the distinction between transportation and water management has already become blurred in the South Zumbro watershed. i most of the rural and suburban areas of the watershed, road ditches now function as the headwaters of the ibutary streams - intersecting and redirecting upland drainages. The natural drainage system is dissected and constrained by culverts and bridges. These are also the points at which roadways are at the greatest risk to flooding and where road safety is most compromised. Implementing an integrated water and transportation plan will reduce runoff flow volumes and velocities, improve water quality, stabilize drainage and stream systems, reduce sediment and flooding damage in downstream areas, enhance wildlife habitat, lower transportation construction and maintenance costs, and improve road safety. The Stormwater and Capital Improvement Plan will cover the 297 square mile South Zumbro watershed area that lies within Dodge and Olmsted Counties but outside of the Rochester 50-Year Urban Service Area (a similar plan has already been prepared for the 81 square mile Urban Service Area). The primary strategy for both plans is to protect and enhance natural stream corridors, drainages, and other hydrologic features in the watershed. By developing a comprehensive stormwater management plan in the watershed -urban, suburban, and rural stormwater issues can be addressed and strategies developed for controlling the quality and quantity of downstream runoff from multiple jurisdictions. This plan will be available as a model for other communities facing multi -jurisdictional stormwater issues and those developing stormwater management plans using the watershed approach. Implementation strategies for the plan will include: protecting and restoring sensitive areas such as wetlands, floodplains, focused groundwater recharge areas, steep slopes, wildlife habitats, and natural communities. The plan will focus on providing locations for flow reduction facilities to reduce flooding, prevent sediment damage, reduce bridge -crossing capacities, and enhance stormwater quality in the watershed. One of the primary goals of the project is the protection of downstream recreational waters in meeting their designated swimming, fishing, and boating objectives. Measurable project outcomes will include: (1) development of a Stormwater and Capital Improvement Plan; (2) hydrologic model of the watershed; (3) identification of areas for potential wetland banking restoration sites and peak flow reduction facilities; and (4) development of a multi -county stormwater management team. Figure 1. South Zumbro Watershed Area Showing the Major Surface Water Divides, South Zumbro River and Tributaries, South and West Divides of the Rochester-Zumbro Aqui-shed, and City of Rochester. �. Actions: / A project management team will be developed to guide the final project design, select a consultant, oversee project implementation, and assess project success. The team will include the following, or a designated representative of each: • Dodge and Olmsted County Water Plan Coordinators • Dodge and Olmsted County Public Works • Rochester Public Works • Rochester -Olmsted Council of Governments • Dodge and Olmsted County Township Representatives • Dodge and Olmsted Soil & Water Conservation Districts • Dodge and Olmsted Natural Resource Conservation Service • Minnesota Department of Natural Resources - Waters Division • Minnesota Board of Water and Soil Resources • Minnesota Department of Transportation Proiect Management Plan and facilitate project management team meetings, involve communities located in the watershed and consider local priorities, coordinate project activities, develop a detailed work plan and budget, oversee grant administration activities, maintain project timelines, and prepare project activity and financial reports. Education and Information: Conduct a hydrologic assessment of the catchment area for each bridge and culvert in the project area. Information that will be considered in the Geographic Information System -based assessment includes characteristics of the soils, up and downstream slopes, land cover and land use, landscape setting, and property ownership. Inventory • Identification of suburban and rural watersheds and hydrologic modeling of the study area. Delineation of the major and minor watersheds in relation to bridge crossings in the transportation network. Identification and hydraulic modeling of the priority bridge crossings in the watershed. Identification o potential wetland banking restoration sites and peak flow reduction facilities associated with the priority bridge crossings. Provide cost estimates of potential improvements to be included in the Counties' Capital Improvement Programs (CIP). Identification of implementation strategies for National Pollutant Discharge Elimination System (NPDES) Phase II requirements. Planning and Environmental Controls: • Using available data (i.e. National Wetland Inventory (NWI), county infrared photos, and soil survey) the highest priority sites will be selected for additional field assessments. These field inventories will assess the potential for developing ponds, wetlands, rain gardens, and native plantings. Sites will be prioritized based on their current inclusion in the Counties' 20 Year Capital Improvement Programs (CIPs) and integrated into their Transportation Plans. • A Stormwater Management Improvement Plan will be developed for the highest priority sites in the watershed. A summary of proposed improvements will be included in the report and provided to the Public Works Department for consideration in developing project workplans. In addition, the plan will include alternative financing mechanisms to achieve the implementation strategies. The information from the inventory and assessment will be developed as a special section of the rural transportation plan that will be developed by the Rochester -Olmsted Council of Governments (ROCOG). Monitoring: (none) Land and Water Treatment: (none) D. Evaluation and Dissemination: Evaluation: The success of the project in achieving its desired outcomes will be assessed by the completion of the deliverable products - inventories, assessment, prioritization, preliminary design plans, and a 5tormwater Management Plan for the watershed. Dissemination: Dissemination will occur through the distribution of the deliverable products noted above as well as maps and summaries. Regular progress reports will be prepared for the Dodge and Olmsted County Boards, Rochester -Olmsted Council of Governments, and the Rochester City Council. Reports and other information will be made available to any parties requesting copies - including other counties and municipalities. Information gathered and developed will be provided as a database and Geographic Information System coverage (Arclnfo), and will be posted on the Olmsted County Web Site. IV. BUDGET CLWP CATEGORY CHALLENGE GRANT AMOUNT MATCH In -Kind Cash Cash Source Project Management Education & Information $8,500 $2,000 Olmsted and Dodge Counties and City of Rochester Monitoring Inventory $14,000 $14,000 Olmsted and Dodge Counties and City of Rochester Planning & Environmental Controls $31,500 $38,000 Olmsted and Dodge Counties and City of Rochester Land & Water treatment dotal $54,000 1 1 $54,000 V. PARTNERSHIPS Local cash support for the project will come from Olmsted County ($25,000), Dodge County ($4,000), and the City of Rochester ($25,000). A collaborative partnership will be developed between Dodge and Olmsted Counties, and the Rochester Council of Governments (membership includes the City of Rochester, eighteen townships, six municipalities, Olmsted County, and the Rochester School District). VI. REPORTING A. Funding History: This project has not yet received any funding. The Rochester Surface Water Management Plan and its subsidiary Wetlands Management Plan were funded by the City of Rochester and through a Minnesota Board of Water and Soil Resources Grant. B. Predominant CLWP Category: Planning & Environmental Controls C. Targeted Water Resources: The primary target water resource will be the individual drainages that flow from the priority transportation networks. Because this work will occur in the headwaters area of the watershed, the entire South Zumbro River and its tributaries will ultimately benefit. These tributaries and their impoundments include: Cascade Creek, Salem Creek, Badger Run, Bear Creek Kings Run, Hadley Valley Creek, Silver Creek, Willow Creek, seven flood control reservoirs, Mayo Lake, Lake Zumbro, Cascade Lake, and Silver Lake. REQUEST FOR COUNCIL ACTION MEETING DATE: 7/16/01 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: CITY ADMINISTRATOR ITEM NO. D _ 4 ITEM DESCRIPTION: REFINANCE OF WEATHERSTONE BOND ISSUANCE PREPARED BY: T.SPAETH In 2000, the City issued a $7.45 multi family housing revenue bond to Weatherstone Townhomes Limited Partnership to facilitate construction of a 100 unit rental townhome project. Of that bond issuance, $5.6 million was tax exempt, and the remainder of the bonds were taxable bonds. Recent federal legislation permits an increase to the volume limit of tax exempt bonds for allocation within the State of Minnesota. Based upon this, MHFA has suggested to Weatherstone, that they refinance the existing bond issuance and obtain tax exempt bonds for the project. The existing Series "A" tax exempt bonds, and the existing Series "B" taxable bonds will be refunded and a new tax exempt issuance of approximately $7.85 million is proposed. These bonds are an obligation of Weatherstone Townhomes, LLC and not of the City of Rochester COUNCIL ACTION REQUESTED: Approval of Preliminary Resolution for Tax Exempt Multifamily Housing Revenue Bond issuance of $7,850,000 to Weatherstone Townhomes Limited Partnership. COUNCIL ACTION: Motion by: Second by: to: xV Corporate Office Regional r- 1ntoni ®Shelter Corporation 900 sccund.N,rnue Soulh 9311 SanPadn. So iic I)(1 Suile 3X0 Scm Anumu, TX 7S216 Miimeapoli'. \I\ ii402-1325 f1(0) 0121341-7SII0 Fan i'1015'-4-77i- June 29, 2001 F,c n12i 332.x2s4 Terry Spaeth City Administrator's Office 201 4`h Street Southeast, Room 266 Rochester, Minnesota 55904-3781 Subject: Refinancing Weatherstone Rental Housing Development Dear Terry, Last year the City of Rochester issued $6 million of tax-exempt housing revenue bonds and $1,093,000 of taxable housing revenue bonds to construct the one -hundred, rental Weatherstone Townhome development in northwest Rochester. At that time the taxable bonds were necessary because there was not sufficient tax-exempt bond allocadon. Now with the increased tax-exempt bond allocation available due to recently enacted federal legislation there is tax-exempt bond allocation available. We are proposing to refund the existing Series A tax-exempt bonds of $5,600,000 and the Series B taxable bonds of $1,093,000 with a new tax-exempt bond issue of approximately $7,850,000. The existing $400,000 of Series C tax-exempt bonds will remain outstanding and unchanged. Because the final bond underwriting has not been completed and that sometimes bond allocations are reduced, we are requesting an additional $3 million bond allocation. We are anticipating the bonds will be rated "AAA" and insured by MBIA or will be privately placed with an institutional investor. The preliminary sources and uses of funds are as follows: Sources of funds: New tax-exempt housing revenue bond $7,850,000 Uses of funds: Refund existing Series A tax-exempt bonds $5,600,000 Retire existing Series B taxable bonds 1,093,000 Debt Service Reserve Fund for the new bonds 540,000 Development related costs 325,000 Financing related costs 292,000 $7,850,000 Enclosed for your consideration is the Preliminary Bond Resolution drafted by Tony Stemburger of Briggs & Morgan and the bond allocation application. Thank you again for your cooperation. Please call me at 612-341-7800 if you have any questions. Sincerel Jay Jensen Senior Vice President 1. 2. CITY OF ROCHESTER, MINNESOTA Application for Industrial/Housing Development Bond Project Financing APPLICANT: a. Business Name: Weatherstone Townhomes b. Business Address: 900 Second Avenue South, Suite 880 Minneapolis, MN 55402 C. Business Form (corporation, partnership, etc.):Limited Partnership d. Parent Organization (if any): e. Authorized Representative: Jay Jensen Phone: (612) 341-7810 NAMES AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS: a. Lynn Carlson Schell — 50% b. Jay Jensen — 25% C. Garrett Carlson — 25% 3. GIVE BRIEF HISTORY OF BUSINESS (INCLUDING PAST OWNERSHIP DATA), DESCRIPTION OF NATURE OF BUSINESS AND PRINCIPAL PRODUCTS: Refinancing existing Weatherstone rental housing bonds and requesting an additional $3 million of tax-exempt bond allocation 4. PURPOSE OF REQUESTED FINANCING: a. New facility (describe): To refinance existing bonds b. Expansion (describe): C. Estimated Sources & Uses of Funds: Sources of funds: New tax-exempt housing revenue bond $7,850,000 Uses of funds: Refund existing Series A tax-exempt bonds $5,600,000 Retire existing Series B taxable bonds 1,093,000 Debt Service Reserve Fund for the new bonds 540,000 Development related costs 325,000 Financing related costs 292,000 $7,850,000 C�� City of Rochester, Minnesota Application for Industrial Development Bond Project Financing Page two 5. BOND ISSUE: a. Amount of Proposed Bond Issue: S 7,850,000 b. Proposed Date of Sale: September, 2001 C. Length of Bond Issue and Proposed Maturities: 35 year maturity d. Describe any Interim Financing Sought or Available: Not Applicable e. Describe Nature and Amount of any Permanent Financing in Addition to Bond Financing: None 6. HAVE YOU APPLIED FOR CONVENTIONAL FINANCING? a. Yes Describe: b. No Why Not? Refinancing existing bonds. 7. BUSINESS PROFILE: a. Are you located in the City of Rochester now? b. Number of employees in Rochester: i. Before this project: ii. After this project: C. Approximate annual sales: d. Length of time in business: in Rochester: e. Do you have plants in other locations? If so, where? f. Are you engaged in international trade? ul City of Rochester, Minnesota Application for Industrial Development Bond Project Financing Page three 8. NAMES OF: a. Underwriter: Dougherty & Company i. Has preliminary financial analysis by underwriter required by City been completed? Yes ii. Is underwriter's letter of commitment attached to this application? Refinancing existing bonds (NOTE that application is incomplete if either of the above is missing) b. Bond Counsel: Briggs and Morgan C. Corporate counsel: Kaplan d. Accountant: Berc & Fox, Ltd. C. Name and address of suggested trustee and paying agent? US Bank, Corporate Trust Services 9. FINANCIAL REFERENCES: a. Bank: Associated Bank b. Mortgage: Municipal Mortgage and Equity, LLC ("MuniMae') C. Other ID Bonds, if any (give name of Trustee): US Bank 10. HAVE YOU EVER BEEN IN BANKRUPTCY? DEFAULTED ON ANY BOND OR MORTGAGE COMMITMENT? No If so, give details: 11. WHAT IS YOUR TARGET DATE FOR: a. Construction start: October, 2000 b. Construction completion: October, 2001 City of Rochester, Minnesota Application for Industrial Development Bond Project Financing Page four 12. DO YOU HAVE PRELIMINARY APPROVAL OF ZONING AND CONSTRUCTION TYPE? Yes THE FOLLOWING QUESTIONS ARE APPLICABLE TO HOUSING REVENUE PROJECTS ONLY: 13. DOES YOUR PROJECT INVOLVE ACQUISITION, REHABILITATION, OR NEW CONSTRUCTION OF RESIDENTIAL UNITS? IN THE CASE OF ACQUISITION AND REHABILITATION, PLEASE INDICATE THE COST ALLOCATED TO EACH ACTIVITY. New construction 14. WHAT IS THE PROPOSED NUMBER AND SIZE OF UNITS IN YOUR PROJECT AND WHAT ARE THE CURRENT AND/OR PROPOSED RENTAL RATES? Refinancing existing bonds. 15. WHAT, IF ANY, OTHER STATE OR FEDERAL PROGRAMS WILL BE USED IN THE FINANCING OF THIS PROJECT AND TO WHAT EXTENT? Incorporated into the initial financing. REQUEST FOR COUNCIL ACTION MEETING OZ DATE: 7/16/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY ADMINISTRATOR D _ s ITEM DESCRIPTION: WEATHERSTONE PHASE 2 PRELIMINARY BOND PREPARED BY: RESOLUTION T.SPAETH Recent federal legislation permits an increase to the volume limit of tax exempt bonds for allocation within the State of Minnesota. Based upon this, Weatherstone Townhomes is proposing to submit a tax exempt housing revenue bond request to MHFA in the amount of $20 million to finance the 2nd phase of the Weatherstone Townhome development. The 2"d phase consists of 160 rental townhome units. The bond allocation requires that 20% of the housing units (32 units) must be affordable and occupied by families with incomes below 50% of the area median income. The bonds will be insured by FHA and will be "AAA" rated. These bonds are an obligation of Weatherstone Townhomes, LLC and not of the City of Rochester. A public hearing is required prior to final bond issuance. COUNCIL ACTION REQUESTED: Approval of Preliminary Resolution for Tax Exempt Multifamily Housing Revenue Bond issuance of $20,000,000 to Weatherstone Phase 2 Townhomes Limited Partnership. COUNCIL ACTION: Motion Second to: WIM July 10, 2001 Shelter Corporation Terry Spaeth City Administrator's Office 201 4'h Street Southeast, Room 266 Rochester, Minnesota 55904-3781 Subject: Weatherstone Phase II Rental Housing Development Dear Terry, Corporate Otlicc 900 Second 4vcnuc Snu1h Suite RSO %1inncupuhn.\I\ I612, 141-: 1f tll San Antonio Otlirc 5000 III it) %C e,[. Suuc ht10 San Autumn. TX 12101 511.77101 Fsa (,10) i'a. Enclosed is an application for Phase II of Weatherstone rental townhomes for tax-exempt housing revenue bonds in the amount of $20 million that is conditional upon a bond allocation from the Department of Finance. In researching an additional bond allocation for Phase 1, we learned there is a current bond allocation balance in excess of $70 million. These bonds will be insured by FHA and will all be rated "AAA" and be considered conduit bonds without any recourse to Rochester. The bond allocation will require that 20% of the housing units (32 units) must be affordable to and occupied by families with incomes below 50% of the Rochester area median income adjusted for family size. It is possible to create this affordable housing without any subsidy for three basic reasons: ➢ The market rate units are partially subsidizing the affordable units The tax-exempt bonds have a lower interest rate i Approximately $1 million of equity will be created through housing tax credits on the affordable housing units. The development received its Type II Conditional Use Permit from the Rochester Planning and Zoning Commission on June 27, 2001. Our hope would be to submit the bond allocation application to the Department of Finance in July so we would need City Council consideration of the Preliminary Bond Resolution in July. Enclosed are a site plan, unit designs, a Bond Application and a complete cash flow. Tony Stemberger will be sending you the Preliminary Bond Resolution. Thank you again for your cooperation. Please call me at 612-341-7800 if you have any questions. Sincerely, Jay Jensen Senior Vice President a� CITY OF ROCHESTER, MINNESOTA Application for Industrial(Housing Development Bond Project Financing I. APPLICANT: a. Business Name: Weatherstone Phase H Townhomes b. Business Address: 900 Second Avenue South, Suite 880 Minneapolis, MN55402 C. Business Form (corporation, partnership, etc.):Limited Partnership d. Parent Organization (if any): e. Authorized Representative: Jay Jensen Phone: (612) 341-7810 2. NAMES AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS: a. Lynn Carlson Schell — 50% b. Jay Jensen —12.5% C. Garrett Carlson —12.5% d. Jerry Nelson — 25% e. Roger Carlson — 25 % 3. GIVE BRIEF HISTORY OF BUSINESS (INCLUDING PAST OWNERSHIP DATA), DESCRIPTION OF NATURE OF BUSINESS AND PRINCIPAL PRODUCTS: To construct a 160 unit rental townhome development in North west Rochester as part of the Weatherstone General Development Plan. Twenty percent of the rental housing units will be affordable to and occupied by families with incomes below 50% of the area median income. 4. PURPOSE OF REQUESTED FINANCING: a. New facility (describe): To construct the development b. Expansion (describe): C. Estimated Sources & Uses of Funds: City of Rochester, Minnesota Application for Industrial Development Bond Project Financing Pagetwo Sources of funds: New tax-exempt housing revenue bond $18,900,000 Tar Credit Equity 1,000,000 BSPRA 1,550,000 Letter of Credit 320,000 Deferred Development Fee 2,200,000 $23,970,000 Uses of funds: Construction related costs $15,945,000 Financing Related Costs and capitalized interest 3,136,200 BSPRA 1,550,000 Gross Development fee 2,242,000 Misc development costs 91,800 Land Cost 1.005.000 $23,970,000 5. BOND ISSUE: a. Amount of Proposed Bond Issue: S 20, 000, 000 b. Proposed Date of Sale: November, 2001 C. Length of Bond Issue and Proposed Maturities: 40 year maturity d. Describe any Interim Financing Sought or Available: Not Applicable e. Describe Nature and Amount of any Permanent Financing in Addition to Bond Financing: None 6. HAVE YOU APPLIED FOR CONVENTIONAL FINANCING? a. Yes Describe: We have applied for conventional FHA financing. The availability of tax-exempt financing through the Minnesota Finance Department leverages federal resources which create 32 affordable housing units. b. No Why Not? City of Rochester, Minnesota Application for Industrial Development Bond Project Financing Page three 7. NAMES OF: a. Underwriter: Dougherty & Company i. Has preliminary financial analysis by underwriter required by City been completed? Yes ii. Is underwriter's letter of commitment attached to this application? To be provided (NOTE that application is incomplete if either of the above is missing) b. Bond Counsel: Briggs and Morgan C. Corporate counsel: Kaplan d. Accountant: Berc & Fox, Ltd. e. Name and address of suggested trustee and paying agent? US Bank, Corporate Trust Services 8. FINANCIAL REFERENCES: a. Bank: Associated Bank b. Mortgage: Municipal Mortgage and Equity, LLC ("MuniMae') C. Other ID Bonds, if any (give name of Trustee): US Bank 9. HAVE YOU EVER BEEN IN BANKRUPTCY? DEFAULTED ON ANY BOND OR MORTGAGE COMMITMENT? No If so, give details: 10. WHAT IS YOUR TARGET DATE FOR: a. Construction start: November, 2001 b. Construction completion: Spring, 2003 11. DO YOU HAVE PRELIMINARY APPROVAL OF ZONING AND CONSTRUCTION TYPE? Yes mor r City of Rochester. Minnesota Application for Industrial Development Bond Project Financing Page four THE FOLLOWING QUESTIONS ARE APPLICABLE TO HOUSING REVENUE PROJECTS ONLY: 12. DOES YOUR PROJECT INVOLVE ACQUISITION, REHABILITATION, OR NEW CONSTRUCTION OF RESIDENTIAL UNITS? IN THE CASE OF ACQUISITION AND REHABILITATION, PLEASE INDICATE THE COST ALLOCATED TO EACH ACTIVITY. New construction 13. WHAT IS THE PROPOSED NUMBER AND SIZE OF UNITS IN YOUR PROJECT AND WHAT ARE THE CURRENT AND/OR PROPOSED RENTAL RATES? Number Rent Size (SQ ft Market 1 BR 12 900 884 Affordable 1 BR 8 624 884 Market 2 BR 34 1175 1225 Affordable 2 BR 24 745 1225 Market 2 BR 20 1250 1352 Market 3 BR 1 62 1450 1522 TOTAL 1 160 14. WHAT, IF ANY, OTHER STATE OR FEDERAL PROGRAMS WILL BE USED IN THE FINANCING OF THIS PROJECT AND TO WHAT EXTENT? No subsidy funds are requested. Housing Tar Credits will be sold on the twenty percent affordable units. APPLICANT BY DATE. 0 Lo 0 j REQUEST FOR COUNCIL ACTION MEETING * DATE: 7/16/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda City Administrator D " b ITEM DESCRIPTION Resloution of Support for 2002 Housing Tax Credit Application by PREPARED BY. Weis Builders T. Spaeth Applications for 2002 Housing Tax Credits are due to the N4HFA by July 19, 2001. As part of the application process, an applicant must submit a local government Resolution of Support to apply for the allocation of tax credits. Weis Builders is proposing to apply for the 2002 allocation of housing tax credits to the City of Rochester. The applicant is proposing a 48 unit apartment project adjacent to the Georgetown Townhomes located at the corner of 55' Street NW and 26' Avenue NW to be known as Lincoln Homes. COUNCIL ACTION REQUESTED: Adopt Resolution of Support for a Housing Tax Credit Application for a 48 unit multi family housing project to be known as Lincoln Homes. COUNCIL ACTION: motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING 3 DATE: 7/16/01 AGENDASECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda City Administrator D ITEM DESCRIPTION Resloution of Support for 2002 Housing Tax Credit Application by PREPARED BY: Podawiltz Development Corporation and Freedom Development T. Spaeth Applications for 2002 Housing Tax Credits are due to the NIHFA by July 19, 2001. As part of the application process, an applicant must submit a local government Resolution of Support to apply for the allocation of tax credits. Podawiltz Development Corporation and Freedom Development are proposing to apply for the 2002 allocation of housing tax credits to the City of Rochester. The applicants are proposing a 35 unit rental townhome project to be known as Rolling Ridge Townhomes located in the 2"d phase of the Valley Side Estates development, east of 401' Avenue SE and south of TH 14. COUNCIL ACTION REQUESTED: Adopt Resolution of Support for a Housing Tax Credit Application for a 35 unit multi family housing project to be known as Rolling ridge Townhomes. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 7/16/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda City Administration .D _ g ITEM DESCRIPTION AMENDMENT TO CITY TIF POLICIES RELATED TO APPLICATION FEES PREPARED BY: T. Spaeth Recently, the staff reviewed a number of other Minnesota communities' TIF policies to see if our policies were in need of update. As part of our review, staff concluded that the City of Rochester's TIF policies were as comprehensive and advanced as (generally more so) other Minnesota communities. Staff feels there is one minor amendment to our policies related to the application fees that warrant an update at this time. Since we do not utilize Exclusive Negotiation Agreements in all cases, staff feels the existing language should be amended to the proposed language as indicated below. EXISTING LANGUAGE A $5, 000 application fee must be attached to the application. This fee is designed to cover a portion of the City's costs associated with evaluating the proposal. If warranted by the complexity ofthe proposal, additional deposits may be required as a condition of signing an Exclusive Negotiation Agreement. PROPOSED LANGUAGE ,000 application fee must be attached to the application. This fee is designed to cover the City's costs associated warn evaluating the proposal. In the event the City's actual costs exceed the application fee amount, the applicant may be required to reimburse these additional amounts. COUNCIL ACTION REQUESTED: Council authorization to amend existing TIF policy language related to application fees to the proposed language. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING 36 DATE: 07-16-01 AGENDASECTION: ORIGINATING DEPT: ITEM NO. QSENT AGENDA CITY ADMINISTRATION — l ITEM DESCRIPTION: Approval to transfer $17,000 from the City Park and Recreation PREPARED BY: Department Reserve Fund to the City of Rochester's Community Development Block Grant Theresa Fogarty, (CDBG) Line of Credit. Planner July 10, 2001 During March 26— March 28, 2001, the Department of Housing and Urban Development (HUD) completed an annual monitoring of the City of Rochester's Community Development Block Grant Program. During the monitoring, John Swanson, the HUD Representative discovered that installation of the a sprinkler system at the Quarry Hill Nature Center did not comply with the requirements of the CDBG program. Quarry Hill Nature center received CDBG funding in 1999 to upgrading the existing bathrooms for accessibility. Quarry Hill was also completing an addition to the center at the same time. When they requested a building permit for all the work (bathrooms & addition) they were informed that they had to install a sprinkler system. CDBG funding was used to cover the cost of $17,000 for the sprinkler system. The Department of Housing and Urban Development is requiring that the $17,000 be returned to the City's Line of Credit. The $17,000 will then be available for other eligible CDBG activities. The City Park and Recreation Department has agreed to provide the $17,000 from their reserve fund. It is proposed to "allocate" the $17,000 back to the Park and Recreation Department CDBG ADA Park improvements Activity. Council Action Needed: 1. Approve transferring $17,000 from the City of Rochester Park and Recreation Department Reserve Fund to the City of Rochester's Community Development Block Grant (CDBG) Line of Credit. Distribution: 1. City Administrator 2. City Clerk 3. CityAttomey )UNC1L. ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING 3? DATE: 7/ 16/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Rochester International Airport D - /0 ITEM DESCRIPTION: Change Order 411 with Alvin E. Benike Inc. for Terminal Building PREPARED BY: improvements. Steven W. Legve The Rochester Airport Commission recommends and requests Council authorization to: Execute Change Order # 11 with Alvin E. Benike Inc. for Terminal Building improvements. (J6942) This change order involves additional work to repair rain leader piping in six (6) canopy columns. The rain leader piping was damaged by ice and the addition of heat trace under Change Order #9 should eliminate the problem. This change order will result in a cost of $13,253.00 A copy of the change order is attached. COUNCIL ACTION REQUESTED: lution authorizing the Mayor and the City Clerk to execute the Change Order 411 documents. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING 3g DATE: 7/ 16/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Rochester International Airport crll DESCRIPTION: Lease agreement with Aerodrome Group, Inc. for office space in the PREPARED By: terminal building. Steven W. Legve The Rochester Airport Commission recommends and requests Council authorization to: Renew a lease agreement with Aerodrome Group, Inc. for 400 square feet of office space located on the Mezzanine Level of the Terminal Building. The agreement will be for four years commencing June 1, 2001. COUNCIL ACTION REQUESTED: Resolution authorizing the Mayor, the City Clerk and the Rochester Airport Company to execute the agreement with Aerodrome Group, Inc. ..JUNCILACTION: Motion by! Second by: to: REQUEST FOR COUNCIL ACTION MEETING q' DATE: 7/16/01 i AGENDA SECTION: ORIGINATING DEPT: ITEM NO. onsent Rochester International Airport 'D _ 10, ITEM DESCRIPTION: Lease agreement with Aerodrome Group, Inc. for office space in the PREPARED BY: terminal building. Steven W. Legve The Rochester Airport Commission recommends and requests Council authorization to: Execute a new lease agreement with Aerodrome Group, Inc. for 512 square feet of office space located on the Mezzanine Level of the Terminal Building. The agreement will be for four years commencing June 1, 2001. COUNCIL ACTION REQUESTED: Resolution authorizing the Mayor, the City Clerk and the Rochester Airport Company to execute the agreement with Aerodrome Group, Inc. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING �- J DATE: 7/ 16/01 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: CITY CLERK ITEM NO. D — 13 ITEM DESCRIPTION: LICENSES, BONDS & MISCELLANEOUS ACTIVITIES PREPARED By: DONNAJSCHOTT 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. FIREWORKS Melrose Pyrotechnics for Target Store 3827 Marketplace Dr NW Rochester, Mn 55901 Fireworks for Target Grand Opening 7/28/01 9:30 PM GAMBLING — TEMPORARY National Wild Turkey Federation Raffle 8/4/01 AT Rochester Elks Lodge #1091 917 15d' Ave SE Rochester, Mo. 55904 (Please Waiver 30 Day Waiting Period) HEATING CONTRACTOR Precision Plumbing & Heating 845 23rd St SE Rochester, Mn 55904 Pine Heating & Cooling 600 3`d St NE Pine Island, Mn 55963 MASTER INSTALLER Robert Bielke 845 23`d St SE Rochester, Mn. 55904 COUNCIL ACTION: motion by: Second by: to: LICENSES, BONDS AND MISCELLANEOUS CITY ACTIVITIES PAGE JULY 16, 2001 PAWNBROKERS National Pawn Co. North 10167`sSt. NW Rochester, Mn. 55901 Location Change from 1111 7'h St NW (Prior Approvals: D Hanson, M Marcoux, D Senjem, W Stobaugh, J Hunziker, D Senjem) SEWER & DRAINS Rochester Plumbing & Heating 2728 7" St NW Rochester, Mn. 55901 SOUND AMPLIFICATION Innsbruck Townhome Association 1530 50' St. NW Rochester, Mn 55901 National Night Out 8/7/01 5:00 PM to 10:00 PM (Please Waive 8:00 PM Time Period) MISCELLANEOUS Bob Nowicki US Peace Run 7/20/01 N. Bdwy, (Bike Path) to Soldiers Field Memorial, To Hwy 14 East Rochester Area La Leche League World Walk for Breastfeeding 8/4/01 Soldiers Field Park — Bike Paths Northwest Neighborhood Association National Night Out 8/7/01 6:00 PM TO 9:00 PM Neighborhood Picnic at Northpark Glendale Neighborhood Association Neighborhood Parade 8/7/01 6:00 PM to 7:30 PM Glendale Hills NE Plummer Neighborhood Association Block Party 9/9/01 2:00 PM to 3:00 PM Plummer Circle & Plummer Ln SW COUNCIL ACTION REQUESTED A motion to approve the above Licenses and Miscellaneous City Activities. r ~ REQUEST FOR COUNCIL ACTION MEETING DATE: 7/16/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY CLERK D - 13 EM DESCRIPTION: LICENSES, BONDS & MISCELLANEOUS ACTIVITIES PREPARED BY. DONNA ISCHOTT The following ADDENDUM licenses, bonds and miscellaneous activities are submitted for the Council's approvals or disapprovals. All are pending departmental approvals, the required insurance, bonds, fees and all outstanding debts with the City of Rochester. GAMBLING March of Dimes 609 151 Ave SW Rochester, Mn 55902 Raffle 11/8/01 AT Mayo Civic Center 30 Civic Center Dr SE Rochester, Mn 55904 Hiawatha Homes Foundation 1530 Greenview Dr SW Rochester, Mn 55902 Raffle 11/20/01 AT Mayo Civic Center 30 Civic Center Dr SE Rochester, Mn 55904 SEWER & DRAIN Johnson Excavating Rt 2, Box 344 Altura, Mn 55910 SOUND AMPLIFICATION Cross Winds Church 719 151 Ave NW Byron, Mn 55920 Outside Concerts 7/25/01 7:00 PM to 9:00 PM AT Mayo Civic Center SE Side (Please Waive 8:00 Time Period) NCIL ACTION: Motion by: Second by: to: LICENSES, BONDS & MISCELLANEOUS CITY ACTIVITIES (ADDENDUM) Page 2 July 16, 2001 SOUND AMPLIFICATION — CONTINUED Berean Community Church 1225 Elton Hills Dr NW Rochester, Mn 55901 2 Outdoor Christian Concerts at Church Parking Lot August 17, 2001 — 3:00 PM to 10:00 PM August 24, 2001 — 3:00 PM to 10:00 PM (Please Waive 8:00 Time Period) Peace Church East Side 1503 2A Ave NE Rochester, Mn 55906 Free Music Series on Church Lot 7/20/01, 8/17/01, 9/21/01, 10/19/01, 11/16/01 7:00 PM to 9:00 PM (Please Waive 8:00 Time Period) MISCELLANEOUS Olmsted Medical Center Road Running Race 9/22/01 Olmsted Community Hospital to Rochester Community College COUNCIL ACTION REQUESTED A motion to approve the above ADDENDUM licenses and permits. REQUEST FOR COUNCIL ACTION MEETING l DATE: 7/16/01 AGENDASECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda City Clerk D - 1 4 ITEM DESCRIPTION: Amend Ordinance 3402 - Annexation of Airport Property PREPARED BY: Judy Scherr The Ordinance 3402, adopted by the Common Council on July 2, 2001, annexing 165 acres of Airport Property to the City, stated that a public hearing had been held on June 4, 2001, on the annexation. Approval was under the consent agenda item on June 4, 2001. Under State Statute no public hearing is required when the City owns the property involved. The Ordinance will need to be amended deleting Section 3 referencing a public hearing. COUNCIL ACTION REQUESTED A motion to approve an amendment to Ordinance 3402 deleting Section 3 and a first and second reading be given on the amended ordinance. COUNCIL ACTION: Mouon bv: Second REQUEST FOR COUNCIL ACTION MEETING / 7 DATE: 7/16/01 AGENDA SECTION: Consent Agenda ORIGINATING DEPT: Finance Department ITSM NO. _ ,(/\,_ (cam „"N DESCRIPTION: Approval of Accounts Payable PREPARED By: Dale Martinson Respectfully request a motion to approve payment of Accounts Payable (submitted separately) in the amount of $1,633,399.09. Less: Any exceptions WUNCIL ACTION: Motion by: second by: to: C�- FINANCE DEPARTMENT x5s= MEMORANDUM DATE: July 16, 2001 TO: Mayor & City Council Members Stevan Kvenvold, City Administrator FROM: Dale Martinson, Director Of Finance SUBJECT: Addendum to Item D-16, Authorizing Interfund Advances for Various Approved Tax Increment Financing Projects The RCA in item D-16 listed all TIF projects for which we will likely be making additional advances after the July 315t deadline specified in the new legislation and thus require specific authorization by council resolution. The attached addendum to that RCA lists all projects for which we have made advances from other funds in prior years and have since received full or partial repayment. Our bond attorney states this may not be necessary, but suggests such ratification of past activity "to be safe" under a State Auditor review. We therefore recommend adoption of a resolution ratify past advances from various funds for approved tax increment projects as reflected in the attached list. City of Rochester Interfund Loans and Advances Authority Needed Ratifying Past Advances Already Under Repayment or Paid In Full District 2 Downtown TIF Bonds 1997 Transfer from Flood Control __= Paid In Full =__ Resolution 115-97. Dated 313/97 District 2 Various Advances Over Years Transfer from "Non-TIF' Interest Earnings on Downtown District __= Paid In Full Dated 3/13/1979 District 3-1 Pemstar Tax Increment Note 1994 Dated 2/23/1994 Advance from Flood Control Downtown Redevelopment $ 2,139,000 4 Years 5.50% Downtown Redevelopment $ 6,520,000 25 Years varies no greater than 9% Economic Development $ 1,500,000 25 Years 6.00% ict 3-2 Rochester Center for Independent Living Community Development Dated 6/5/1989 Advanced Property, Repayment to Future Property Acquisition Account District 7-1 Rochester Technology Park, et. al. Economic Development District 7 Taxable TIF Bonds of 1997 Resolution 110-97, Dated 3/3/1997 $ 200,000 25 Years 7.71% $ 2,669,380 25 Years 5.50% REQUEST FOR COUNCIL ACTION MEETING DATE: AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda/Organizational Business Finance Department D _ I / ITEM DESCRIPTION: Approving Resolutions Authorizing Interfund Advances for Various PREPARED 8Y: Approved Tax Increment Financing Projects Dale Martinson The 2001 Tax Bill recently enacted by the State legislature included a number of changes to Tax Increment Financing (TIF) law (Laws of Minnesota for 2001, First Special Session, Chapter 5, Article 15). Among them was a requirement for the City Council to approve an authorizing resolution before any monies are "transferred, advanced or spent, whichever is earliest" from other available City funds to pay for development or redevelopment expenses that may later become eligible for reimbursement through tax increment revenues. The City has, on several occasions, used its internal monies to pay for upfront development costs of a tax increment -eligible development on either a temporary or long term basis. When the amounts needed are small enough to be funded internally, this method is more efficient and less expensive than a public bond offering. In some cases, such as the recently approved affordable housing assistance, we are initially unsure of how much of the assistance will actually be used so determining an upfront bond size would be difficult. Additionally, we often utilize our own monies for preliminary costs such as consulting, appraisals or other costs we incur before we get a permanent TIF bond issued on a large project. If any such preliminary costs are to be eligible for subsequent TIF reimbursement, we now need to have an authorizing resolution in place prior to expenditures being made. Those resolutions must include terms of the loan or advance, including at a minimum, the principal amount, the interest rate and the maximum term. This requirement becomes effective for loans and advances made after July 31, 2001. Since the council has already approved a number of projects that are currently underway or receiving monies from internal advances, we need to obtain approving resolutions on those advances to continue activity beyond July 31". A summaryof those previously approved projects and their estimated terms are attached. Funding for these advances is recommended to be the Flood Control Fund. Any new projects, or even potential projects for which we expect to incur any costs that might later be eligible for TIF reimbursement will be brought forward for an approving resolution on a case -by -case basis. COUNCIL ACTION REQUESTED: Approve resolutions authorizing advances from other funds for the previously -approved tax increment projects as listed on the attached page. COUNCIL ACTION: Motion by: second by: to: r City of Rochester Interfund Loans and Advances Authority Needed Approved Projects Currently Underway As Of July 16, 2001 Advances to Come from The Flood Control Fund District Project Name Purpose Maximum Advance Maximum Term Interest Rate (if established) District 13-1 Rose Harbor Estates affordable housing $ 1,317,300 25 Years 6.50% District 14-1 Georgetown (PAYG) affordable housing $ 50,000 25 Years 6.50% (admin fees only) District 15-1 Weatherstone (PAYG) affordable housing $ 50,000 25 Years 6.50% (admin fees only) District 16-1 Celestica (Road Cost+ PAYG) Econ. Development $ 1,050,000 25 Years 6.50% Road Share + Admin Fees District 17-1 Diamond Ridge Homes affordable housing $ 400,000 25 Years 8.50% District 18-1 Valley Side Estates affordable housing $ 800,000 25 Years 6.50% District 19-1 Kingsbury Hills affordable housing $ 400,000 25 Years 6.50% Pemstar IV (PAYG) Econ. Development $ 50,000 20 Years 6.50% (admin fees only) Royal Management Project Redevelopment $ 50,000 25 Years 6.50% (PAYG) (admin fees only) s+ REQUEST FOR COUNCIL ACTION MEETING DATE: 7/16/01 DA SECTION: CONSENT AGENDA ORIGINATING DEPT: PARK & RECREATION ITEM NO. jJ ITEM DESCRIPTION: RELEASE OF LIABILITY STATEMENT PREPARED BY: ROY SUTHERLAND The Rochester Park and Recreation Department and its Adaptive Recreation Program are investigating the possibility of co -sponsoring an adaptive equestrian program at The Stables Arena, owned by Brad and Elise Nelson. In order to use their facility, the Nelsons have asked to have a release of liability statement provided to them. Karen Meyer, Adaptive Recreation Coordinator, has been communicating with Jenny King regarding this statement. Copies of email transmission are attached. ACTION REQUESTED OF COUNCIL: Approval of a release of liability statement to co-sponsor an adaptive equestrian program. COUNCIL ACTION: Mofmn by: semi by to: 6�_ Hi Jenny, Your assistance would be helpful in the matter of the Adaptive Recreation Equestrian Riding Program in which I co- sponsor along with Special Olympics. Our program has been given permission to use a private party's riding arena for the program or in other words, they are donating the use of their facility in order for us to hold the program. Volunteers will be trailering in their own equipment AND horses. Before we can make a complete Go of the program, the owner of the arena would like some sort of "statement" releasing him of liability. I know that there are issues with this as they are responsible to provide safe and adequate facilities and that they would be liable should their facility fall short of reasonable safety standards. My question is this, is there ANY WAY to ,,realease" them and provide them a statement indicating so, if they can show they have taken reasonable action to provide and maintain their facility? Karen Karen, You are correct in your comments. I do know that the League of Minnesota Cities Insurance Trust does not appreciate it when the City waives it's rights to subrogate against another party. I will forward your question to Terry Adkins and ask for his legal opinion on how and if this activity might go forward. JK Thank you Jenny. ..also would it be an option to add these people as additional insureds on our policy ( a rider)? Karen Karen, The City does not add others as additional insureds to the City policy. I have talked with Terry Adkins and he indicated that you would need to bring this forth before the City Council as an RCA if you wish to pursue approval getting a "release" for the other party since the Council only has the authority to do this. The language that I have typically seen used for activities of this nature is where each party covers their own negligence. You could also request that the Council approve the additional insured status for this one event only if you wish. Let me know if you have additional questions. REQUEST FOR COUNCIL ACTION MEETING %53 DATE: 7/16/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda Police 0) �1 ITEM DESCRIPTION: Donation of Preliminary Breath Tester PREPARED BY: Roger Peterson The MN Department of Public Safety would like to donate a PBT (Preliminary Breath Tester) to the Rochester Police Department. The donation of the PBT is for the RPD's assistance in the Operation NightCAP program, which is designed to arrest alcohol -impaired drivers. The approximate value of the PBT is $650. COUNCIL ACTION REQUESTED: Approval for the Rochester Police Department to accept the donation of a PBT from the MN Department of Public Safety. COUNCIL ACTION: Modon by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING SG DATE: 7/ 16/01 11 GM NG Consent Agenda Police DESCRIPTION. Approval to enter into a State of Minnesota Operation NightCAP Grant PREPAR Roger Peterson Officers from the Rochester Police Department have been asked to participate in a local alcohol saturation program designed to arrest impaired drivers. The State of Minnesota Department of Public Safety has a grant (Operation NightCAP) available to reimburse agencies for overtime expense up to S800. COUNCIL ACTION REQUESTED: The Rochester Police Department would like approval to enter into a contract with the MN Department of Public Safety for reimbursement of overtime expenses associated with the Operation NightCAP Grant. A resolution is required. COUNCIL ACTION: Motion by: sewndby:__ to: REQUEST FOR COUNCIL ACTION MEETING 50 7 DATE: 7/16/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda Police D _epo ITEM DESCRIPTION: Safe & Sober 2001 Grant Application PREPARED BY: Roger Peterson The Rochester Police Department is applying for Safe & Sober Community grant funding through the State of Minnesota Department of Public Safety, Office of Transportation. Our Department was approved funding from the State of Minnesota for this program for three years from 1998 to 2000. One of the conditions of accepting grant funds was that a department must continue with the additional traffic enforcement for one year without funding from the State of Minnesota. We have met that condition during FY 2001, and we are now eligible to once again participate in the Safe & Sober program. We are applying for $40,000 in the 2002 grant - $34,000 for overtime reimbursement and $6,000 for radars. The grant affords us the ability to purchase equipment at 50% of its cost with a local match of $6,000. COUNCIL ACTION REQUESTED: Approval to enter into an application for Safe & Sober grant funds and meet a local match of $6,000 through the purchase of radar units. COUNCIL ACTION: Moton by: second by: to: REQUEST FOR COUNCIL ACTION MEETING AGENDA SFCTION: CONSENT AGENDA ORIGINATING ❑FPT- Public Works DATE: 7/16/01 ITEM NO. it izM DESCRIPTION: Amendment to Stormwater Agreement with Salem Sound and PREPARED BY: Salem Point Homeowners Associations (J2465) R. Freese The City of Rochester Public Works Department, the Olmsted County Public Works Department, the Salem Sound Homeowner's Association (SSHA), which includes the Salem Point Homeowner's Association (SPHA), have been working cooperatively together over the past 24 months to address and resolve stormwater issues affecting the SSHA and property within the subdivision. The City Council authorized a study of the Bamber Lake Drainage Basin. The Study confirmed that initially the Basin contained approximately 350 acres of undeveloped agricultural land. The development of the SSHA property over the past 20 years has altered the natural flow of stormwater from the upland areas of the Basin to the Zumbro River. In addition, the construction of residential housing units, both in the City and in Rochester Township subdivisions, has increased the stormwater runoff quantity and reduced the stormwater quality within the Basin. The widening and reconstruction of CSAH 22 through the Basin has increased the stormwater runoff quantity and decreased the stormwater quality within the Basin. The City, the County and the Associations entered into an agreement dated December 11, 2000 that resolved the stormwater management issues affecting the Associations' property. One of the major points of the Agreement requires the Associations to fund the design and construction in 2001 of a stormwater bypass conveyance system from the enlarged stormwater management pond south of the Olmsted Historical Society to the Zumbro River. The Associations have entered into an agreement with Fraser Construction to construct the stormwater bypass conveyance sytem. The Public Works Department has determined that it would be in the City's interest to increase the size of the stormwater conveyance pipe from CSAH 25 to the river at this time for the purpose of providing stormwater conveyance facilities for undeveloped land in Sections 8 and 9 of Rochester Township (area west of 34In Avenue and north of CSAH 25) as it develops in the future. The cost of increasing the pipe size from 30 inches to 42 inches is $85,825, The Amendment to the Agreement provides for the City paying to the Association this incremental cost for oversizing the storm water conveyance pipe. In addition, the Association has requested that they receive reimbursements of up to $30,000 for the stormwater conveyance capacity constructed by the Associations to convey existing stormwater from the undeveloped drainage area in Sections 8 and 9 north of CSAH 25 and west of 34th Avenue SW in Rochester Township. The City would reimburse the Associations a portion of the Stormwater Management Charges paid to the City, for a period not to exceed 10 years from the date of the Amendment to the Agreement, related to conveyance facilities necessary to serve future development within Sections 8 and 9 north of CSAH 25 and west of 34th Avenue SW in Rochester Township upon annexation to the City. The Public Works Department recommends that the City Council authorize the Mayor and City Clerk to enter into an Addition to Agreement Dated December 11, 2000. The City Attorney's office has reviewed and approved the form of amendment. The SSHA and the SPHA have signed the Addition to the Agreement. Subsequent to the signing of the Addition to the Agreement by the Associations, two clarifications were required to the language of that document. The City Attorney's Office has prepared and the Associations have signed a Letter Agreement incorporating these changes. COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to enter into the Addition to Agreement Dated December 11, 2000 and the subsequent Letter Agreement with the Salem Sound Homeowner's Association and the Salem Point Homeowner's Association Agreement to manage stormwater runoff in the Bamber Lake Drainage Basin. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE ArFNDA SECTION, ORIGINATING DEPT, ITEM NO. CONSENT AGENDA Public Works D—a,( ITEM DESCRIPTION: Amendment to Stormwater Agreement with Salem Sound and PREPARED BY: Salem Point Homeowners Associations (J2465) R. Freese The City of Rochester Public Works Department, the Olmsted County Public Works Department, the Salem Sound Homeowner's Association (SSHA), which includes the Salem Point Homeowner's Association (SPHA), have been working cooperatively together over the past 24 months to address and resolve stormwater issues affecting the SSHA and property within the subdivision. The City Council authorized a study of the Bamber Lake Drainage Basin. The Study confirmed that initially the Basin contained approximately 350 acres of undeveloped agricultural land. The development of the SSHA property over the past 20 years has altered the natural flow of stormwater from the upland areas of the Basin to the Zumbro River. In addition, the construction of residential housing units, both in the City and in Rochester Township subdivisions, has increased the stormwater runoff quantity and reduced the stormwater quality within the Basin. The widening and reconstruction of CSAH 22 through the Basin has increased the stormwater runoff quantity and decreased the stormwater quality within the Basin. The City, the County and the Associations entered into an agreement dated December 11, 2000 that resolved the stormwater management issues affecting the Associations' property. One of the major points of the Agreement requires the Associations to fund the design and construction in 2001 of a stormwater bypass conveyance system from the enlarged stormwater management pond south of the Olmsted Historical Society to the Zumbro River. The Associations have entered into an agreement with Fraser Construction to construct the stormwater bypass conveyance sytem. The Public Works Department has determined that it would be in the City's interest to increase the size of the stormwater conveyance pipe from CSAH 25 to the river at this time for the purpose of providing stormwater conveyance facilities for undeveloped land in Sections 8 and 9 of Rochester Township (area west of 34'n Avenue and north of CSAH 25) as it develops in the future. The cost of increasing the pipe size from 30 inches to 42 inches is $85,825. The Amendment to the Agreement provides for the City paying to the Association this incremental cost for oversizing the storm water conveyance pipe. In addition, the Association has requested that they receive reimbursements of up to $30,000 for the stormwater conveyance capacity constructed by the Associations to convey existing stormwater from the undeveloped drainage area in Sections 8 and 9 north of CSAH 25 and west of 34th Avenue SW in Rochester Township. The City would reimburse the Associations a portion of the Stormwater Management Charges paid to the City, for a period not to exceed 10 years from the date of the Amendment to the Agreement, related to conveyance facilities necessary to serve future development within Sections 8 and 9 north of CSAH 25 and west of 34th Avenue SW in Rochester Township upon annexation to the City. The Public Works Department recommends that the City Council authorize the Mayor and City Clerk to enter into the Amendment to the Agreement. The City Attorney's office has reviewed and approved the form of Amendment. The SSHA and the SPHA have signed the Amendment to the Agreement. COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to enter into the Amendment of the Stormwater Agreement with the Salem Sound Homeowner's Association and the Salem Point Homeowner's Association Agreement to manage stormwater runoff in the Bamber Lake Drainage Basin. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING &r i DATE: 7/16/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D —az� ITEM DESCRIPTION: Highway Maintenance Agreement between Olmsted County and the City of Rochester PREPARED BY: D. Nelson The County of Olmsted has transmitted to the City the Annual Highway Maintenance Agreement for the period July 1, 2001 to June 30, 2002. The County will pay to the City $3,790.00 per mile for the maintenance of 11.31 miles of County highways located within the City of Rochester. This is a 9.25% increase over the previous years agreement. All other terms and conditions of the proposed Highway Maintenance Agreement are identical to the previous 12-month agreement. The City Public Works Department recommends approval of the new Agreement. COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to sign the attached Highway Maintenance Agreement for the period July 1, 2001 to June 30, 2002 with the County of Olmsted for the maintenance of 11.31 miles of County highways within the City of Rochester. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING 63 DATE: 7/16/00 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works ITEM DESCRIPTION: Professional Services for Regional Stormwater Pond to serve the PREPARED BY: East Circle Drive NE area. (J-9828) D. Nelson Construction of regional stormwater pond zr-p4.4 has been proposed to serve a portion of proposed Northern Heights Village subdivision, portions of future Stonehedge development, as well as existing development in the Glendale subdivision area. Waterway capacity problems currently exist from the proposed pond site west and north to 37t" St area. Construction of the pond is needed to alleviate these existing capacity problems as well as to mitigate the increased runoff from additional development. Yaggy Colby Associates proposes to provide preliminary engineering services for the analysis and design of the pond on an hourly basis not to exceed $15,000,00. Staff recommends a professional services agreement be entered with Yaggy Colby for engineering services. Funding for the preliminary engineering services will be from J2137, collected Stormwater Management Area Charges. The pond construction is anticipated to be funded primarily by ABSCO, the developer, as outlined in the executed development agreement. . tI �II,•� �, 6 -141 1 j t r Site { i171l f lr, / X 3 1 ZZZZ- COUNCIL ACTION REQUESTED: Authorize the Mayor and Clerk to sign a Professional Services Agreement with Yaggy Colby Associates for engineering design services associated with Stormwater Pond zr-p4.4, J-9828, for an amount not to exceed $15,000.00. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE &S- 07/16/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA PUBLIC WORKS C)—aq ITEM DESCRIPTION: AWARD OF CONTRACT: (J2465) PREPARED BY: /, J "Bamber Lake Area Pond / Storm Sewer Improvements" D. N2150r�� (l Bids were received and opened after 11:00 a.m., July 11, 2001 for the following local improvement project: Proiect Number SW-M005 Project Name "Bamber Lake Area Pond / Storm Sewer Improvements" Project Background This project will divert the surface water flows from the Bamber lake / Salem Sound area by channeling it into the existing County Pond on the corner of CSAH 22 and CSAH 25. Work will include enhancements to the pond, piping of the outflow to the west and south to the Zumbro river. Funding for the project will be from City Storm Water Management Funds, County funding, and Salem Sound I Point Association funding. ,t Project g ' Location � yl i \ t MI �yi i The following bids were received: Base Bid Alternate Bid 1 1. Fraser $ 213,140.15 $ 168,268.40 2. Road Constructors $ 247,797.03 $ 215,163.03 Engineers Estimate $ 238,503.50 $ 197,711.00 Project Recommendation: The Public Works Department recommends the City Council proceed with, Base Bid with Alternative #1 award to the low bidder. COUNCIL ACTION REQUESTED: Adopted a resolution awarding the contract, " Bamber Lake Area Pond / Storm Sewer Improvements " (J2465) to Fraser Construction for $168,268.40. JNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION &* MEETING DATE: 7/16/01 -^�NDA SECTION: ORIGINATING, ❑EPT: ITEM NO, CONSENTAGENDA Public Works p -as ITEM DESCRIPTION: Development Agreement — Southern Hills Third PREPARED BY: M. Nigbur b1z The Owner of land, which is a continuation of a development known as Southern Hills and is located West fo 111h Avenue SW and East of the Willow Creek Reservoir, and City Staff have had discussions relating to impacts of the project on the surrounding infrastructure. Based on the discussions, the content for a development agreement has been decided and a document has been created. The major items covered in the agreement include the following: • Pedestrian facilities within and abutting the development. • Dedication of right of way. • Owners payment of the assessments, development/connection related charges including SAC, WAC, Storm Water Management, and Area Street Improvements. Staff recommends the Council approve the Development Agreement. The Owner has executed the agreement. ...' Rz a � SIX�K WI lSW O 3 Southern Hills 3rd i? ``+b . - '+w^Ew. 1 tth Avenue SW f COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the Development Agreement for Southern Hills Third with Bigelow Enterprises. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING 0 DATE: 7/16/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D -a6 ITEM DESCRIPTION: Development Agreement — Northern Heights Village PREPARED BY: M. Nigbur The Owner/Developer of the Northern Heights Village area, located along Circle Drive NE, and City Staff have had discussions relating to impacts of the development of the property 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/property. • Construction of a Regional Storm Water Facility (the City shall provide the design) • 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, traffic signal charges, and possibly Storm Water Management. Staff recommends the Council approve the Development Agreement. The Owner has executed the agreement. HER i VAS IENE - ,l- � Regional Storm Water Facilitv Proiect Area ROCKY M COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the Development Agreement for the Northern Heights Village Property with ABBCO. COUNCIL ACTION: Motion by: Second by: to. REQUEST FOR COUNCIL ACTION MEETING it / DATE: 7/16/01 A^ONDA SECTION: ORIGINATING DEPT- ITEM NO CONSENT AGENDA Public Works D —O�L07 ITEM DESCRIPTION: Owner Contract — Bamber Lake Area Pond Outfall System PREPARED BY: Improvements (J9819) M. Baker V-4� Staff would offer the following Owner Contract project for consideration by the Council: Salem Sound Homeowners Association & Salem Point Homeowners Association, as (Owner) & Fraser Construction (Contractor) are requesting a City / Owner Contract J9819 consisting of `Bamber Lake Area Pond Outfall System Improvements'. Lake Area Pond Outfall System Improvements J9619 7-01 LJBamber I4 hLfM�.iOR 3 a Y COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9819 "Bamber Lake Area Pond Outfall System Improvements". COUNCIL ACTION: Motion by: Second by: to. REQUEST FOR COUNCIL ACTION MEETING 13 DATE: 7/16/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works L)—as ITEM DESCRIPTION: Owner Contract — Basic Construction in Summit Pointe Second PREPARED BY: (J9805) ]f(41. Baker Staff would offer the following Owner Contract project for consideration by the Council: Arcon Development (Owner) & Arcon Construction (Contractor) are requesting a City / Owner Contract J9805 consisting of "Basic Construction in Summit Pointe Second". ,yo00 .swifF'£.r.�R4 :Iwy�}l! iy,•i Q\C 4 ad �e.� ° ., U. MxnrMNa Ne' a Y ��xtx Mx Yy gWxiNNx �XW tlxWNN COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9805 "Basic Construction in Summit Pointe Second" COUNCIL ACTION: Motion by: second by, to REQUEST FOR COUNCIL ACTION i MEETING n / DATE: 7/16/01 —NDA SECTION: ORIGINATING DEPT: ITEM NO CONSENT AGENDA Public Works D ITEM DESCRIPTION: Owner Contract— Watermain to Serve Lot 1, Block 1, Circle Drive PREP RED BY: Business Center (American Express) (J9796) 1°' W Baker4 Staff would offer the following Owner Contract project for consideration by the Council: West Circle Drive LLC (Owner) & Road Constructors, Inc. (Contractor) are requesting a City / Owner Contract J9796 consisting of "Watermain to Serve Lot 1, Block 1, Circle Drive Business Center (American Express)". ��C�fC��f�4C51(ie99�,'H s¢ q �y-O 5'� Caplfa"��.(97I6ry Y 9 t ARxw COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9796, "Watermain to Serve Lot 1, Block 1, Circle Drive Business Center (American Express)" COUNCIL ACTION: Motion by: Second by: to. REQUEST FOR COUNCIL ACTION MEETING DATE: ?07 7/16/01 ^ NDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D-3c) 11 ITEM DESCRIPTION: Owner Contract — Basic Construction in Kingsbury Hills Second PREPARED BY: (J9770) UL'M. Baker Staff would offer the following Owner Contract project for consideration by the Council: Bigelow Enterprises, Inc. (Owner) & Elcor Construction (Contractor) are requesting a City / Owner Contract J9770 consisting of "Basic Construction in Kingsbury Hills Second Subdivision". ;;mot ems' C ram, 4A02 IN y 1: s 4 �G � '4 fi4 a. .. TI 5 COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9770 'Basic Construction in Kingsbury Hills Second" COUNCIL ACTION: Motion Second 0 REQUEST FOR COUNCIL ACTION MEETING DATE: 19 11 7/16/01 Ar=9=NDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D - 3 If ITEM DESCRIPTION: Owner Contract — Basic Construction in Southern Hills Third p PARED BY: Addition (J9783) . Baker Staff would offer the following Owner Contract project for consideration by the Council: Bigelow & Sons Enterprise (Owner) & Elcor Construction (Contractor) are requesting a City / Owner Contract J9783 consisting of "Basic Construction in Southern Hills Third Addition". a 'Sptith$i1F,H01s:3idw.�':• a **'` bfty pw 7er Cojitt J1;763', COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City ! Owner Contract for J9783 "Basic Construction in Southern Hills Third Addition" COUNCIL ACTION: Motion by: Second by: to REQUEST FOR COUNCIL ACTION MEETING gr DATE: 7/16/01 Art=NDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D— 3a. ITEM DESCRIPTION: Pedestrian Facilities Agreement — Diocese of Winona (E'/2, NE PREPARED BY: Y., NE'/., Section 18 T107N, R14W) M. Baker Staff would offer the following Pedestrian Facility Agreement for consideration by the Council: The Diocese of Winona is the Owner of land developed by the Holy Spirit Catholic Church @ 5455 50`h Ave NW. The Owner has requested that a Pedestrian Facilities Agreement be approved to address its obligation for providing a ten (10) foot wide bituminous pedestrian path along the entire frontages of the Property abutting 501h Ave NW, and 55th St NW. 4 �m C e ._... J .. L C i ee .1 ° k COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute a Pedestrian Facilities Agreement with the Diocese of Winona for the Holy Spirit Catholic Church site at 5455 50th Ave NW. COUNCIL ACTION: Motion by: Second by to: REQUEST FOR COUNCIL ACTION MEETING 0 � DATE: 7/16101 /ENDA SECTION: ORIGINATING DEPT ITEM NO. • CONSENT AGENDA Public Works D —33 ITEM DESCRIPTION: STORMWATER MANAGEMENT AGREEMENT PREPARED BY: c p l- M. Baker The Department of Public Works has received a request on one (1) property, 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 Owner of the following property has requested voluntary participation in the City's Plan, with the applicable participation fee as follows: • TGH LLC (p/o Lots 1, 2, 3, Block 3, Highland Addition) (SDP#00-86) $ 1,499.33 The Owner of this property has already provided payment for its respective charges. These • funds will be deposited upon acceptance by the Council for the property to participate in the City's Plan. COUNCIL ACTION REQUESTED: Adopt a Resolution accepting voluntary participation by the above noted property, in the City's Regional Storm Water Management Plan. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING S- / DATE: 7/16/01 erFNDA SECTION! CONSENT AGENDA ORIGINATING DEPT-. Public Works ITEM NO. 0 - 34 ITEM DESCRIPTION: Contract Approval of Maintenance Agreement for ICON Pavement PREPAREDBY: Management Software J. Wellner The Department of Public Works administers the city's street pavement using complex software called ICON. This computer program allows the electronic inventory of street pavements on a block by block basis, allows the tracking of pavement condition ratings, allows the projection of pavement conditions and the computer simulation of various maintenance and reconstruction scenarios, and much more. The City has millions of dollars invested in the city streets and proper management of this investment to maintain high service levels with the lowest annual expense requires the complex analysis provided by this ICON program. The Public Works has been using the ICON program for approximately 3 years and believes that it continues to be the must appropriated software tool for the City's pavement management. However, the software program is used only for this single function and the use support and software maintenance is not within the current training of IS staff. Therefore Public Works staff recommends the approval of an annual software maintenance agreement with the GoodPointe Technology Company in the amount of $2,100. COUNCIL ACTION REQUESTED: Resolution authorizing the Mayor and Clerk to sign the Maintenance Agreement with GoodPoint Technology. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING 8� DATE: 7116/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D _ 35 ITEM DESCRIPTION: Proposal for Preliminary Project Analysis for Sanitary Sewer and PREPARED BY: Watermain to Serve the Southport Subdivision Area, J9748 J. Loehr This is a proposal by Yaggy Colby Associates to provide Preliminary Project Analysis for the following local improvement project: Project No. M1-31, J9792 "Sanitary Sewer and Watermain Extension to Serve the Southport Subdivision Area." Yaggy Colby Associates is familiar with the proper preliminary project analysis required to design a successful sanitary sewer and watermain extension plan to serve a developed neighborhood such as Southport. Therefore, the Department of Public works recommends that Yaggy Colby Associates be retained by the City to provide Preliminary Project Analysis for this project. Compensation for the Preliminary Project Analysis is based on an actual cost and expense fee structure Yaggy Colby estimates "that this phase of the project will have a cost of approximately $22,000." After the completion of the Preliminary Project Analysis and selection of design alternates and the scope of the project is determined the Department of Public Works will negotiate a Design Engineering Service Agreement with Yaggy Colby for the project. Compensation for Design services is proposed at a "Lump Sum" amount as negotiated for the project. The "Lump Sum" amount will be based on the extent of engineering services required for the project. COUNCIL ACTION REQUESTED: 1. Adopt a resolution authorizing the execution of Engineering Service Agreements with Yaggy Colby Associates to provide engineering services as follows: a. Preliminary Design Analysis (actual cost and expense fee structure). b. Design Services ("Lump Sum" as negotiated by the Department of Public Works and approved by the City Administrator). Attachment: Location Map Yaggy Colby Associates Letter of Proposal COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE 91-0( AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: Public Works ITEM NO. D -3G ITEM DESCRIPTION: Limited Parking Zone @ 815 4" Street SE PREPARED BY: LLD. Rossmari� The City has received a request to install a 30-minute limit -parking zone along the north side of 4" Street SE to serve the new Texano Western Wear Store located at 815 4ih Street SE. The request came from Janice Williams property owner (281-1101) and Maria Salinois (280-1900) who operates the new store. The store hours are from 8:00 am until 9:00 pm all days of the week. Mrs. Williams states that the on - street parking is filled with vehicles owned by residents living nearby, but alternate locations are available for them. She states the customers of the store need the close parking to load goods. This is an arterial street. The parking along the north side of 4" Street is presently unrestricted. Staff has reviewed the request and would recommend in favor of the request. A Council resolution is needed to authorize the restriction. COUNCIL ACTION REQUESTED: Adopt the prepared resolution adding paragraph (29.4) to section H " Limited Parking (zone C- 30 minute limit) to read; (29.4) 4' Street SE on the north side of the street 60 feet more or less in front of the premise known as 415 4" Street SE, from 8:00 am to 9:00 pm all days. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING ` 1 / DATE: 7-16-01 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: Public Works ITEM NO. b - 307 ITEM DESCRIPTION: Permit Parking Petition from V Street NW 1100 block PREPARED BY: Rossman The City has received a petition from residents of 1" Street NW 1100 block requesting the City to establish Permit Parking on their street, to control all day parking. The area is shown on the attached map. This petition is from within the Cascade Manor Neighborhood where Permit Parking has already been established on seven blocks. The petition has been reviewed as to meeting the requirements of R.C.O. #138 and staff finds that it was short of the 60% required. Therefore a postal survey was conducted. Sufficient additional support was found thru the postal survey to meet the 60% criteria. In addition the petition was expanded to include those homes on the west side of 11 " Avenue NW / 10 block. There is No Parking allowed on 11'" Avenue in this area so these residents should be included in the adjacent Permit Parking area. The petition is to add a street to an existing zone. The street requested is impacted heavily by parking from a source outside the neighborhood. There is a "No Parking 6:00 am to 9:00 am and from 3:00 pm to 5:00 pm" restriction inplace on the south side due to street width. This is to be removed. The petition has signed by the following percentage of abutting property owners or residents: Block street/row # of signers postal survey # of owners % in favor width 1" Street NW / 1100 block 30/66 13 +3 26 62 % 11`" Avenue NW / 10 block N/A 0 +4 6 66% Staff would recommend in favor of the petition. The Police Department requests that all the streets in a Residential Permit Parking Zone have the same hours. For Zone 5 Cascade Neighborhood the enforcement hours would be 8:00am to 4:00pm Monday thru Friday. Staff would request a Public Hearing to be scheduled for August 6, 2001. COUNCIL ACTION REQUESTED: Adopt the prepared resolution calling for a public hearing on August 6, 2001 to consider establishing Residential Permit Parking Zone #5 (Cascade Manor Neighborhood) on 1" Street NW 1100 block from 8:00 am to 4:00 pm, Monday thru Friday, including the residents on the west side of 11' Avenue NW / 10 block. ^^UNCIL ACTION: Motion by: Second by: to: Cl) 0 I LO I- R, N CS,7- N N-ce) C., co CV3 C-i Nq O ems -CO I Ln in P, cn M C4 .04 C14 C14 CO cV N m cs N Ic C14 fz- N C14 V -M-- I-W - cn — It N 04 C.4 LO cn_ CO CO Ni LO . CN cn An m C) LO CD 0 co LO 0 P1 Of 0 0 co a C%l 0 04 N. C%4 0 (14 I CO 04 I m " 40 C%j N W 14 N 0 C4 j,� C-4 a 0) LU CC - N N LOy -cc LOC'4 4t�- 03 N" W N 7- 04 CC N I W)� C%4 C14 C-4 m N N. N 1. 04 ca M 04 NN In m N mC4 C4 N N� 1 N 0 N co to Cl) r. N, CM m m A W bi 0 co C% LO N C11 N --C-4 v In tn LO 8 Nr- LO LD W Z uj 0 IL CL 2 E CL uj LLI a. EL .j 0 cm co 1� REQUEST FOR COUNCIL ACTION MEETING q, / DATE: 7-16-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D -33 ITEM DESCRIPTION: State and County Agreements for Emergency Vehicle Pre- PREPARED BY: emption of Traffic Signals (J-6396) r}yx(_D. Rossman Cooperative agreements have been prepared that cover funding, maintenance and operation of the traffic signal emergency vehicle pre-emption (EVP) at 42 Mn/Dot Traffic Signals and at 22 Olmsted County Traffic Signals located within the City Limits. The agreements provide for approximately $220,000 of State funding and approximately $85,000 of Olmsted County funding to complete the work. The State Agreement is Number 81997R. The City is the lead agency for the work and will provide engineering services for design and inspection, construction plans and contract administration. The installation costs are to be split at each intersection according to the approach legs. The City share of $562,000 is funded in Project J-6396. Staff recommends approval of the agreements. COUNCIL ACTION REQUESTED: Adopt the prepared resolution approving Cooperative Agreements with the State of Minnesota and Olmsted County for " City Project No. 9955 (J-6396) "Traffic Signal Emergency Vehicle Pre-emption" and authorize the Mayor and City Clerk to sign the Cooperative Agreements. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING 07„16 Q1 i DATE: 5 AGENDA SECTION4 ORIGINATING DEPT: ITEM NO. CONSENT AGENDA PUBLIC WORKS D-39 CY 2001 ZIPS FUNDING CONTRACT I OLMSTED COUNTY PREPARED BY: A KNAUER r This is a request for the approval of a revised contract with Olmsted County for funding of 2001 ZIPS Dial -A -Ride. In December, 2000 a contract was sent to Olmsted County requesting $93,808 to support 2001 ZIPS Dial -A -Ride services. The contract was not approved by Olmsted County. Consequently, to make up for a portion of this shortfall the City established an "Agency Fare' effective July 2, 2001. The County has now agreed to fund the program based on its contribution in 2000 plus the first 6 months shortfall before implementation of the agency fare. The revised Olmsted County share is $68,377.00 It should be noted that the 2001 legislature has prohibited use of local property tax levy to support transit operations effective for the 2002 contracts. (Property tax levy can still be used to support capital projects.) The local levy will be replaced by the State by transferring 1.25% of the Motor Vehicle Excise Tax (MVET).) REQUESTED COUNCIL ACTION Adopt the prepared resolution approving a contract with Olmsted County for a portion of the local share in support of ZIPS Dial -A -Ride operations in 2001 for a maximum of $68,377. NCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING a� DATE: 7/16//01 ENDA SECTION: .sent A ends ORIGINATING DEPT: Water Reclamation Plant ITEM NO: r�o ITEM DESCRIPTION: Bids for Control System Upgrade (Process Control Computer Replacement) at the WRP PREPARED BY: Lyle J. Zimmerman Bids were received for the replacement of the Process Control Computer at the Water Reclamation Plant on July 6, 2001. Three electrical contractors held contract documents but only Foster Electric of Rochester submitted a bid. The bid was for $584,156. The Engineer's estimate was $578,428. Foster Electric is qualified to do the work and the proposed equipment appears to be in accordance with the specifications. Council Action Requested: Approval to award a contract for the Control System Upgrade to Foster Electric of Rochester, Minnesota for $584,156. COUNCIL ACTION: Motion by: Second by: To: REQUEST FOR COUNCIL ACTION MEETING v( ' DATE: 7/16/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Public Hearing Building Safety S — ITEM DESCRIPTION: Abatement Order for the Peepeterty at 1950-2024-2032 and 2048 8 1/2 PREPARED BY: Street SE, Rochester, MN PA_Y `�� Ron Boose The Rochester Building Safety Department has initiated abatement action against the properties located at 1950- 8 '/z Street SE, 2024-8 %Z Street SE, 2032-8 % Street SE and 2048 8'/2 Street SE in the City of Rochester. The properties appear to have been abandoned and were placarded as unfit for human habitation at 8AM on May 17 , 2001. The county records identify the owners to be Mr. Pat Larrison with a last known address of 1559 Wilshire Drive NE, Rochester, MN and Austin and Nancy Miller of Philadelphia, PA. Minnesota Statues, chapter 463 provides a procedure by which the owners of property can be ordered to repair or remove conditions or structures that are determined to be hazardous. By statute, a hazardous building or hazardous property is defined as any building or property, which because of inadequate maintenance, dilapidation, physical damage, unsanitary conditions, 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 at these properties meet the definition of hazardous building or hazardous property. The department recommends that you find the property hazardous as a result of the following: These buildings are four of ten, eight unit multi -family dwellings located at the Eastwood Village Apartment complex in Rochester, MN. The four buildings have been vacant since August of 1996. Throughout the years there has been frequent vandalism occurring to the buildings. Roofs are leaking, paint is severely peeling, exterior wood siding is rotting allowing vermin to enter, and foundation blocks are cracked. hiterior floors are water soaked and spongy, second floor ceilings are failing, walls are damaged, numerous windows are broken, and the window frames contain wood rot. There is a strong musty odor evident throughout all buildings. According to Rochester Public Utilities meters were removed and power physically turned off on January 10'b, 2001. Service technicians from People's Natural Gas removed gas meters in January of 1999. These properties pose a risk and fire threat to adjacent multi -family units in the complex. These vacant properties also pose a substantial risk to staff of the Rochester Police Department, Rochester Fire Department and Building Safety staff who may be required to enter the buildings in emergency and other situations. Public safety is a concern for tenants residing at Trail Ridge Apartment Complex to the east of Eastwood Village and citizens in this densely populated residential neighborhood. Recent court cases state that a municipality seeking abatement of public hazards must provide alternative actions that include an option other than demolition. If the council finds the buildings to be hazardous, we recommend that the following alternative actions be ordered to make the buildings non -hazardous: 1). All buildings must be scheduled for demolition and removal to eliminate the liability to the City of Rochester and its citizens. A demolition permit must be obtained within 30 days and the demolition itself must be completed within 60 days; or 2). The property owner must submit a detailed construction schedule, completion schedule, and required permits to the Building Official within 30 days, the work identified in the documents to include: COUNCIL ACTION: Mouon Second 10 Request for Council Action Eastwood Village Abatement Order 7/16/D1 a. Replace all affected areas of rotted wood siding. b. Replace all rotted wood windows. C. Repair roof leaks. d. Scrape and repaint, or replace, all exterior siding, windows and doors. e. Professionally exterminate buildings for vermin. f. Remove moldy carpet and carpet pad in all apartments bedrooms, living rooms, hallways and public areas. g. Repair holes in walls and ceilings in a good workmanlike manner. h. Remove excessive fire load materials, ie: broken furniture, mattresses and box springs. i. Replace rotted sections of flooring and sub -floors. j. Properly seal all open sewer lines. k. Remove excessive construction debris. 1. Remove inoperable appliances. M. Install adequate locks for entry doors to properly secure all buildings. n. Replace cracked foundation blocks. o. Replace all broken window panes, in window frames and patio doors. All work required to be completed under this alternative must be completed within 90 days unless such deadline is extended by the Building Official. COUNCIL ACTION REQUESTED; Following the public hearing, the council should determine whether the buildings at 1950-8 '%2 Street SE, 2024- 8 '/2 Street SE, 2032-8 '/2 Street SE and 2048-8 %2 Street SE in the City of Rochester are hazardous as defined by state law. If the buildings are found to be hazardous, the council should direct the city attorney to prepare findings of fact, conclusions of law, and order. The council may include any of the findings identified herein and other findings it determines appropriate. The council must also identify the actions needed, and the time within the property owner should take these actions. The council's approval should also authorize the city attorney to proceed to district court if its order is not complied with. REQUEST FOR COUNCIL ACTION MEETING /0 DATE: 07-16-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. LIC HEARINGS PLANNING r& - a, M DESCRIPTION: Annexation by Ordinance Petition #01-12 by Gene Peters to annex PREPARED BY: approximately 7.87 acres of land located along the west side of 181h Avenue SW, north of Theresa Fogarty 36r Street SW. Planner July 9, 2001 City Planninq and Zoning 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. Mr. Burke moved to recommend approval of Annexation Petition #01-12 by Gene Peters. Mr. Quinn seconded the motion. The motion carried 8-0, with Ms. Rivas abstaining. 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 $60.45. 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. Attachments 1. Staff report, dated June 20, 2001. 2. Minutes of the June 27, 2001, CPZC meeting G' 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 16, 2001 in the Council Chambers at the Rochester 1 Olmsted County Government Center. McGhie 8 Betts, Inc. COUNCIL ACTION: Motion by. Second by: to: to�,ANNE TION DESCRIPTIDN SEE ATTACHED 7.87��j," ACRES CITY 1 SO. LINE NW 1/4 FOR r GENE PETERS 3015 18TH AVE. SW ROCHESTER, MN 55902 z 0 L E, LINE NW 1/4 SE CORNER i NW 1 /4, SEC. 22-106-14 LIMITS 0 C) O EY- 4IB IT D' rK z-ly S� 1_ � y o �- o / �l o o � z 0 '-=o- - 0 i LILLIE I HALLI -PL_ 11 LLJ 2001 SCALE, .-1a..._ '400' ._..... .... .. DRA4N BYr JJJ McGhie Betts,lnc. DAiE r 05/02/01 Cones lS inp Co7i Mcrc Lon! S.r"yrs ACCT. NO, 6732/0120 a nnrrs 160 ]rtl AYE 5, C. Nochectm, N0. 55901 507-2B9-3919 CADD Na r 0 120ANNE ROCHESTER-OLMSTED PLANNING DEPARMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 COUNTY OF www.olmstedcounty.com/planning TO: City Planning and Zoning Commission FROM: Theresa Fogarty, Planner JJ DATE: June 20, 2001 RE: Annexation Petition #01-12 by Gene Peters to annex approximately 7.87 acres of land located along the west side of 18th Avenue SW, north of 36th Street SW. Planninq Department Review: Applicants/Owners: Gene Peters 3015 SW 181" Avenue Rochester, MN 55902 Location of Property: The property is located along the west side of 181" Avenue SW (County Road 147), north of 36ei Street SW. Existing Land Use: This property is currently undeveloped land. Size: The property proposed for annexation is approximately 7.87 acres of unplatted land. Existing Zoning: The property is zoned A-3 (Agricultural) District on the Olmsted County zoning map. Future Zoning: Upon annexation, the property will be zoned R-1 (Mixed Single Family Residential) district on the Rochester zoning map. Land Use Plan: This property is located outside the Rochester Urban Service Area Land Use Plan but is located within the Olmsted County 25 Year Urban Service Area for the City of Rochester on the Olmsted County Land Use Plan. The land use designation for this area is considered "low density residential' use. Adjacency to the Municipal The property is adjacent to the city limits along its southern Limits: boundary. BUILDING CODE 507/285-8213 • GISIADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 507/285-8224 w..PLANNING/ZONING 5071285-8232 • WELUSEPTIC 507/285-8345 FAX 507/267-2275 M,�.n. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER 03 ICPage 2 Annexation #01-12 June 21. 2001 Sewer & Water: The South West High Level Water System service will be available to this property with the development of Hart Farms to the south. Municipal sewer and water can be served to this property. Utilities: Pursuant to Minnesota Statutes 414.033 (subd. 13), a municipality must notify a petitioner that the cost of electric utility service may change if the land is annexed to the municipality. A notice has been provided to the applicant. Townboard Review: Minnesota State Statutes require that the Townboard members receive a written notice, by certified mail, 30 days prior to the public hearing. The City Council will hold a public hearing on this item on July 16, 2001. The City Clerk has sent the certified 30 day notice. Referral Comments: 1. Rochester Public Utilities - Water Division 2. Rochester Public Works Report Attachments: 1. Annexation I Location Map 2. Location Map 3. Referral Comments (2 letters) Staff Recommendation: This property is adjacent to the City limits and can be served by city services upon extension of the sanitary sewer and water lines from their present ends. The Planning staff recommends that the City proceed to adopt an ordinance annexing the property according to Minnesota Statutes 414.033, Subdivision 2(3). rpu µ.. we pledge, we deliver June 13, 2001 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Annexation Petition #01-12 by Gene Peters to annex 7.87 acres of land located along the west side of 181h Ave SW, north of 36`11 St. SW. Dear Ms. Garness: 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. South West High Level Water System service will be available to this property with the planned development of Hart Farms to the south. 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, 06-JA R. pn� 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 (do ROCHESTER /V/innesota 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 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 Annexation #01-12 on the Gene Peters (36Ih St SW & 18th Ave SW) property. The following are Public Works comments on the proposal: 1. This property can be served with City sewer & water. Public Works has no other comments on this request. C:\lemp1ANNX01-12 Gene Peters 36th 18th SW.doc 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 27, 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. Randy Slaver, Vice Chair; Mr. Ardell Brede; Ms. Lisa Wiesner; Ms. Leslie Rivas; Mr. Paul Ohly; Mr. John Hodgson; Mr. Michael Quinn; and Mr. James Burke Members Absent: None Staff Present: Ms. Mitzi A. Baker; Mr. Greg Wise; and Mr. Brent Svenby Other City Staff Present: None ADMINISTRATIVE BUSINESS: Mr. Quinn made a motion to approve the minutes of June 13, 2001, as written. Mr. Burke seconded the motion. The minutes from June 13, 2001 were approved unanimously. Ms. Wiesner made a motion to approve the agenda, as written. Mr. Slaver seconded the motion. The motion carried unanimously. ANNEXATIONS: Mr. Svenby presented the staff report is on file at the Rocheste 20, 2001, to the Commission. The staff 1 Department. 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. Rivas explained that she would abstain from the vote, due to conflict of interest. REQUEST FOR COUNCIL ACTION MEETING DATE:7-16-01 / AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING r 3 dl DESCRIPTION: Amendment to General Development Plan #157, known as Hart PREPARED BY: Farms. The amendment proposes to add approximately 7.87 acres of land along the north Brent Svenby, side of the property. The area being added is also being proposed as Hart Farms North Planner Subdivision preliminary plat. The General Development Plan is located along the west side of 18`h Ave. SW, west of 36'h St. SW. July 11, 2001 City Planning and Zoning Commission Recommendation: On February 14, 2001 the City Planning and Zoning Commission reviewed this General Development Plan. Bill Tointon, McGhie & Betts, Inc., addressed the Commission. He explained the proposed amendment to the Hart Farms GDP. He stated that they are in agreement with the conditions. During the hearing, the mid -block pedestrian connection to 18th Avenue SW was discussed. There is a pedestrian connection shown on the approved preliminary plat known as Hart Farms. According the City Council minutes and tape of the hearing, the mid -block pedestrian connection was not waived. The Commission reviewed this proposal according to the criteria listed in Paragraph 61.215 of the Zoning Ordinance and Land Development Manual. Mr. Burke made a motion to approve the amendment to General Development Plan #157 known as Hart Farms, with staff -suggested conditions, as revised in discussion and staff -suggested findings. Mr. Brede seconded the motion. motion carried 8-0, with Ms. Rivas abstaining. tditions: 1. At the time of platting, the applicant shall enter into a Development Agreement with the City of Rochester that outlines the obligations of the applicant relating to, but not limited to; substandard street reconstruction charges and Traffic Improvement District charge; storm water management; park dedication; traffic improvements; pedestrian facilities; right -of -dedication and contribution for public infrastructure, including the extension of sanitary sewer through the property. The Developer will be required to execute any necessary easements for the extension of off site utilities prior to submittal of the Final Plat. 2. The seven conditions placed on the approval of the original GDP still apply to the General Development Plan. 3. A Revised GDP be submitted to the Planning Department reflecting the following changes: • Identifying the outlot (pedestrian connection) to 18`h Avenue SW, which is south of the proposed amendment area. Q 3 . • P e. P.,� �t , Planning Staff Recommendation: See attached staff report dated June 22, 2001. Council Action Needed: 1. The Council may approve, approve with conditions, or deny the general development plan. The Council must make findings based on the criteria listed in Paragraph 61.215. If the Council wishes to proceed with the general development plan as proposed, it should instruct the City Attorney to prepare a resolution for Council approval. COUNCIL ACTION: Motion by: ACC f second by: to: .11 Al1 � 't � ;. � I I i. III - •i � a. RR W ' 1 I Aus s'rr urx nr —_— I , I s. AlUdOHd ,SW8VA lHVH v�aa HART FARMS' PROPERTY;;=_ -#- n TI t � \•, I I 1 Eli 21 O Eli Hr # n; I` tt \ I� I s t , _ _ Ca01tP'£ 11d0 Ip S rF ) � $JEJR /R I D\G/E AMENDED E1T a t GENERAL DEVELOPMENT PLAN eb' HART FARM SUBDNISION HART FARMS SUBDIVISION r P?P it 6 N t/2,SW 1/`. ROC:tir,STER-OLMSTED PLANNING DEPAniMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 C 0 U N T Y OF www.olmstedcounty.com/planning TO: City Planning and Zoning Commission FROM: Brent Svenby, Planner DATE: June 22, 2001 �I/i��lD�1y�10� WI!•enrlQyu�',� RE: Amendment to General Development Plan #157 known as Hart Farms Property Planninq Department Review: Applicant/Owner: Gene Peters 3015 18th Avenue SW Rochester, MN 55902 Consultants: McGhie 8 Betts, Inc. 1648 Third Ave. SE Rochester, MN 55904 Size and Location: The area includes approximately 7.87 acres of land located along the west side of 18'1' Avenue SW (Co. Road 147), north of 36th Street SW. Existing Land Use: This property is currently agricultural land. Proposed Use: The applicant proposes to add this land to the approved Hart Farm General Development Plan. The land is located north of the Hart Farm land and along 180' Avenue SW. This additional land allows for the continuation of Hart Lane SW and is proposed to be developed with 7 single family lots and one outlot. The outlot will be dedicated to the City for stormwater management proposes. Land Use Plan: This property is located within the boundaries of the Rochester Urban Service Area Land Use Plan. The land use designation for this area is "low density residential' use. Zoning: This property is currently zoned AG (Agricultural) on the Olmsted County Zoning Map. The property owner has petitioned to annex the property. Once annexed, the property will be zoned R-1 (Mixed Single Family). Streets: The GDP amendment proposes one public roadway which is the extension of Hart Lane to the north to provide a cul-de-sac with seven lots on it. BUILDING CODE 507/285-8213 • GIS/ADDRESSING/MAPPING 5071285-8232 • HOUSING/HRA 507/2B5-8224 PLANNINGIZONING 507/285-8232 • WELUSEPTIC 507/285-8345 FAX 507/287.2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER • • Page 2 �� General Development Plan #157 Hart Farms Amendment June 22, 2001 A 50' ROW for 18th Avenue SW will be requested to be dedicated at the time of platting. Controlled access must be dedicated along 18`h Avenue SW. Sidewalks: Sidewalks will be required along both sides of all public roadways. A 10' wide bituminous path will be required along the west ROW of 181h Avenue SW. A pedestrian facilities easement will be required along 181h Avenue SW for the pedestrian path. Drainage: The General Development Plan identifies existing topography. The property generally slopes to the north. Detailed grading and drainage plans will be required when the property is platted. Wetlands: Minnesota Statutes now require that all developments be reviewed for the presence of wetlands or hydric soils. According to the Soils Survey, hydric soils do not exist on this property. Public Utilities: This additional area is within the Willow Heights High Level Water Service Area, available on the east side of 18'h Avenue SW at the southeast comer of the property. The public improvement plans will need to be approved prior to the submittal of the final plat on this property. Parkland Dedication: Parkland dedication requirements for the proposed area added to the GDP should be met through cash in lieu of land. Referral Comments: 1. Rochester Public Works 2. Planning Dept. - Wetlands 3. Rochester Park & Recreation 4. RPU Water Division 5. RPU Operations Division 6. Olmsted County Public Works Dept. 7. Rochester Fire Dept. Summary: On September 6, 2000 the City Council approved the Hart Farms GDP #157. This proposal is to add approximately 7.87 acres of land to the GDP. This GDP amendment includes adding land for the development of single family residential lots and one additional outlot for stormwater management proposes. By including this land in the GDP, Hart Lane is able to be extended to the north. 11 Page l T General Development Plan #157 Hart Farms Amendment June 22, 2001 Staff Suggested Findings and Recommendation: Paragraph 61.215 of the Rochester Zoning Ordinance and Land Development Manual lists the criteria for approval of a general development plan (see attached section from the newly adopted regulations, which became affective May 15, 1999. Criteria A. The proposed land uses are generally in accord with the adopted Comprehensive Plan and zoning map, or that the means for reconciling any differences have been addressed. A GDP may be processed simultaneously with a rezoning or plan amendment request. This GDP proposes low density residential development. Once the annexation is approved the property will be zoned R-1. This is consistent with the land use designation for the property. Criteria B. The proposed development, including its lot sizes, density, access and circulation are compatible with the existing and/or permissible future use of adjacent property. The density and lot sizes for the development appear consistent with the Land Use Plan and the future rezoning of the property once the annexation is approved by the City and the MN Planning / Office of Strategic Long Range Planning. The proposed vehicular systems provide for the connection to adjacent properties. Criteria C. The mix of housing is consistent with adopted Land Use and Housing Plans. The development density is consistent with a Low Density Residential land use designation of the Land Use Plan. The GDP is consistent with the Housing Plan and the standards for the physical and social environments of residential neighborhoods. Criteria D. The proposed plan makes provisions for planned capital improvements and streets reflected in the City of Rochester's current 6-Year Capital Improvement Program, adopted Thoroughfare Plan, the ROCOG Long -Range Transportation Plan, Official Maps, and any other public facilities plans adopted by the City. Street system improvements required to accommodate proposed land uses and projected background traffic are compatible with the existing uses and uses shown in the adopted Land Use Plan for the subject and adjacent properties. In order to be consistent with the Long Range Bicycle Facility Plan accommodations are needed for a 10' wide bituminous path along the westerly ROW of 18t8 Avenue SW. A pedestrian facilities easement will be required along 18ei Avenue SW outside of the ROW. Criteria E. On and off -site public facilities are adequate, or will be adequate if the development is phased in, to serve the properties under consideration and will provide access to adjoining land in a manner that will allow development of those adjoining lands in accord with this ordinance. 1. Street system adequacy shall be based on the street system's ability to safely accommodate trips from existing and planned land uses on the Page 4 General Development Plan #157 Hart Farms Amendment June 22, 2001 existing and proposed street system without creating safety hazards, generating auto stacking that blocks driveways or intersections, or disrupting traffic flow on any street, as identified in the traffic impact report, if required by Section 61.523(C). Capacity from improvements in the first 3 years of the 6-year CIP shall be included in the assessment of adequacy. In order to be consistent with the Long Range Bicycle Facility Plan , accommodations are needed for a 10' wide bituminous path along the westerly ROW of 18t° Avenue SW A pedestrian facilities easement will be required along 18t" Avenue SW outside of the ROW. A secondary access will need to be provided before the City authorizes any construction that would be projected to generate traffic in excess of 1200 average daily trips through the one access to 18fb Avenue SW. Utilities are now available to directly serve the area of the proposed land use, or that the City of Rochester is planning for the extension of utilities to serve the area of the proposed development and such utilities are in the first three years of the City's current 6-Year Capital Improvements Program, or that other arrangements (contractual, development agreement, performance bond, etc.) have been made to ensure that adequate utilities will be available concurrently with development. If needed utilities will not be available concurrent with the proposed development, the applicant for the development approval shall stipulate to a condition that no development will occur and no further development permit will be issued until concurrenty has been evidenced. The area is within the Willow Heights High Level Water Service Area, available on the east side of 18t' Avenue SW at the southeast corner of the amendment property. Water and sewer will need to be extended to serve this development. Easements for the extension of off site utilities will be required prior to Final Plat submittal. 3. The adequacy of other public facilities shall be based on the level of service standards in Section 64.130 and the proposed phasing plan for development. Detailed construction plans will need to be approved for all infrastructure improvements prior to the submittal of a final plat on the property. A 10' w►de bituminous path will be required along the westerly ROW of 18v' Avenue SW. Criteria F. The drainage, erosion, and construction in the area can be handled through normal engineering and construction practices, or that, at the time of land subdivision, a more detailed investigation of these matters will be provided to solve unusual problems that have been identified. Storm Water Management must be provided for this development. Detailed grading and drainage plans will need to be submitted to the City for review and approval prior to the submittal of final plat for the property. rtS f' Page 5 General Development Plan #157 Hart Farms Amendment June 22, 2001 Detailed construction plans will need to be approved for all infrastructure improvements. Criteria G. The lot, block, and street layout for all development and the lot density for residential development are consistent with the subdivision design standards contained in Section 64.100 and compatible with existing and planned development of adjacent parcels. The lot, block layout and lot density for the development appear to be consistent with the Subdivision Design Standards. Specific lot and block layouts will be reviewed at the time the property is platted. The proposed densities are compatible with existing and planned development of other parcels in the area. Recommendation: Based on the above criteria, staff would recommend that the following conditions should be imposed in order to assure compliance with the Rochester Zoning Ordinance and Land Development Manual: 1. A 10' wlde bituminous path is required along the west ROW of 18'h Avenue SW. A pedestrian facilities easement will be required along 18'" Avenue SW for this pedestrian path. 2. At the time of platting, the applicant shall enter into a Development Agreement with the City of Rochester that outlines the obligations of the applicant relating to, but not limited to; substandard street reconstruction charges and Traffic Improvement District charge; storm water management; park dedication; traffic improvements; pedestrian facilities; right -of -dedication and contribution for public infrastructure, including the extension of sanitary sewer through the property. The Developer will be required to execute any necessary easements for the extension of off site utilities prior to submittal of the Final Plat. 3. The seven conditions placed on the approval of the original GDP still apply to the General Development Plan. 4. A Revised GDP be submitted to the Planning Department reflecting the following changes: • A 10' wide pedestrian path along 18"' Avenue SW • Identifying the outlot (pedestrian connection) to 18"' Avenue SW, which is south of the proposed amendment area. • Controlled access along the entire frontage of 18tb Avenue SW. NOTE: At the time of platting, temporary turn -a -rounds may be required. Prior to development, the property owner will need to execute a City Owner Contract for construction of the public roadways and utilities. The application must obtain any land use approval which is required by another governmental entity with land use jurisdiction, in whole or in part, over this development F ROCHESTER l'V/inne6ota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DATE: 6/15/01 p / 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 REVISED General Development Plan #157, on the Hart Farms (MOG. LLC) / Gene Peters properties. The following are Public Works comments on the original proposal from 7/26/00. New comments, based on the plan revision, are indicated with BOLD: 1. Storm Water Management must be provided for this development. A Voluntary Stormwater Management Fee will apply to all areas of this proposed development that do not drain to the proposed detention facility. 2. Controlled access must be provided as shown on the proposed GDP plan, along the right-of-way of 18th Ave SW, with the exception of the approved new road access across from 36"' St SW. Additional controlled access is required as indicated on the plan, along the frontage of the new access road and westerly lot lines of the proposed lots abutting Hart Drive SW lying east of 19" Ave SW. Controlled access is also required along the entire frontage of the Peters property, being proposed as Hart Farms North Subdivision. 3. The Developer(s) shall dedicate 50 feet of ROW for 18'" Ave SW. 4. Easements for the extension of off site utilities, and for the construction of off site stormwater detention facilities will be required prior to Final Plat submittal. 5. Pedestrian facilities (concrete sidewalk) will be required along both sides of all new public roads abutting this property, and a 10 foot wide bituminous path is required along the west ROW of 18'" Ave SW. A pedestrian facilities easement will be required along 18'" Ave SW for the required pedestrian path. 6. The 30 foot wide access to the Open Space in the northwest corner of the GDP property should be platted as an Outlot and dedicated to the City. 7. Specific routing of sanitary sewer and water lines will be reviewed further during the platting stages. C:\temp\GDP157 REVISED Hart Farms Gene Peters Properties.doc IN ROCHESTER Minnejota DEPARTMENT OF PUBLIC WORKS 2010 Street SE Room 108 TO: Consolidated Planning Department Rochester, MN 55904-3740 2122 Campus Drive SE 507-287-7800 Rochester, MN 55904 FAX — 507-281-6216 FROM: Michael J. Nigbur 8. Execution of a City -Owner Contract will be required prior to construction of public infrastructure. Prior to Final Plat submittal, the applicant shall enter into a Development Agreement with the City that outlines the obligations of the applicant relating to, but not limited to, substandard street reconstruction charges & Traffic Improvement District charges, stormwater management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, and contributions for public infrastructure. Said Development Agreement shall include the Peters property, and be executed by all parties. 10. Dedication of additional right-of-way may be required to accommodate the construction of Traffic Circle(s) along Hart Dr SW. The following charges/fees are applicable for the development of the property (rates are subject to annual review and change): •: Sanitary Sewer Availability Charge (SAC) @ $2,757.83 per developable acre (An up -front contribution of $100,000.00 is required as recommended in the feasibility report). ❖ Water Availability Charge (WAC) @ $1,653.67 per developable acre. :• A Substandard Street Reconstruction Charge and contribution to the SW TID, will be required for 180'Ave SW. •: Traffic Signs as determined by the City of Rochester Traffic Division. CMemp1GDP157 REVISED Hart Farms Gene Peters Properties.doc (I PUBLIC WORKS DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 507/285-8231 June 6, 2001 Jennifer Garness Consolidated Planning Department Dear Jennifer: The Public Works Department has reviewed Amendment to General Development Plan #157, known as Hart Farms and has the following comments: • Access approval letter was sent on 4118101, to David Morrill for access to CR 147. Conditions as follows: • Hart Drive shall line up with 361" Street SW. • A paved right turn lane is required. • Concrete curb and gutter shall not be constructed in the CR 147 Right of way. • Street and stop signs will need to be purchased from Olmsted County. Sincerely, h"qlr-) Michael Sheehan' County Engineer MTS:el LWMindodplenm &Am k.� Administration Building Maintenance AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Surveying and Mapping Engineering Highway Maintenance Parks 8 Agriculture Solid Waste 11 p we pledge, we deliver June 13, 2001 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Amendment to General Development Plan #157 known as Hart Farms to add 7.87 acres of land north of the property to be known as Hart Farms North Subdivision. Dear Ms. Gamess: Our review of the referenced general development plan is complete and our comments follow: 1. This area is within the Willow Heights High Level Water Service Area, which is available on the east side of 18th Ave SW at the southeast comer of the property. 2. 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, R Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention McGhie & Betts, Inc. Gene Peters Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 Rochester Minnesota Land Surveying Urban - Land Planning Consulting - Civil Engineering Geotechnical Engineering Construction Material Testing Landscape Architecture 348 Third Avenue S.E. Rochester, MN 55904 Tel. 507.289.3919 Fax. 507.289.7333 4( June 27, 2001 Mr. Brent Svenby Planner Consolidated Planning Department 2122 Campus Drive S.E. Rochester, Minnesota 55904 Re: Hart Farms Property (Peters Development) Dear Mr. Svenby: In accordance with our verbal communication of today and my 9:00 AM meeting this morning with Mr. Mike Nigbur of Public Works I am on behalf of our client, Mr. Gene Peters, responding to the conditions of approval for the Amendment of the General Development Plan #157 and Preliminary Plat #01-21 contained in the staff reports dated June 21, 2001, and received in our office June 25, 2001. Our client is generally in agreement with the conditions with the following exceptions: General Development Plan: Condition #4b: It is my understanding that during the council hearing on the preliminary plat and general development plan for Hart Farms (submitted by Mr. Groteboer) the issue of providing the mid -block pedestrian walkway was discussed. It was the opinion of the council that it would not be required due to the safety issues related to the traffic on 18th Avenue and the proper crossing would be at the main entrance to Hart Farms, which is called Hart Drive S.W. Although I was not in attendance of the Council Meeting at which this issue was discussed, Mr. Hanson, city alderman, contacted me the day following the meeting and indicated that the council would remove the outlot and need for the mid -block pedestrian path with final plat due to the issue of safety. Therefore we did not show the outlot on the amended general development plan. r e-mail. mcghiabetts.com Established 1946 1a0^t,, 0 Preliminary Plat: Condition #lb: Outlot A is being required to be dedicated to the city in its entirety after construction of the storm water basin. This basin will be capable of treating surface runoff from Hart Farms, Peters property, and lands to the south of the Hart Farms property. The Development Agreement will be the mechanism by which the developer will be required to dedicate the outlot for drainage and utility purposes. This was verified with Mr. Nigbur at today's meeting. THEREFORE, WE REQUEST THAT CONDITION lb BE ELIMINATED. Condition #2: The second sentence beginning with the words "The Developer shall dedicate easements...." SHOULD BE ELIMINATED. This request is based on the fact that the developers are constructing a storm water treatment facility on their property that will detain the rate of runoff from a post -development basis to the pre - development basis and therefore would not have any adverse affect on the downstream properties. Secondly, the drainage leaving the storm water basin travels in the natural drainage that exists today. Third, our client has no ability to secure any easements for utility purposes or drainage across another private property. The City is designing an extension of public utilities to serve this development as a public assessment project and will be securing the necessary easements for that project. Condition #7: According to Mr. Nigbur, the requirement for contribution of the public improvement projects to get public utilities to the site will be required as a part of the Development Agreement and not a separate contribution agreement. This is what was done through the development agreement with Mr. Groteboer on Hart Farms. THEREFORE, WE REQUEST THAT THIS CONDITION BE ELIMINATED AS IT ALREADY IS SO STATED IN CONDITION #3. Revisions to the plans: The attached revised General Development Plan and Preliminary Plat have been completed and resubmitted to satisfy the following conditions: General Development Plan: Condition #1: A 10-foot wide pedestrian easement is shown on the revised General Development Plan as directed by Mr. Nigbur. This also satisfies condition 4a. 123 Condition #4b: Controlled access is shown along 18th Avenue S.W. Preliminary Plat: Condition #la: Controlled access is shown along 18th Avenue S.W. Condition #lc: The 10-foot pedestrian easement is shown on the plat parallel to 18th Avenue S.W. The developer also agreed to execute a pedestrian facility agreement with the city for the construction of the future bike path along 18th Avenue S.W. We would appreciate your discussion of these changes with the Planning and Zoning Commission at the meeting this evening. Yours Very Truly, wMc'Ghie & Betts, Inc. William E. Tointon pc: Mr. Mike Nigbur Mr. Gene Peters IAq Page 2 City Planning and Zoning Commission Minutes Hearing Date: June 27, 2001 Mr. Svenby presented the staff report, dated report is on file at the Rochester -Olmsted PI: Ms. Rivas move 9-0. 7, PUBLIC HEARINGS: ?0, 2001, to the Commission. The staff Department. Mr. Svenby presented the staff report, dated June 22, 2001, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Mr. Svenby explained that the applicant submitted a revised general development plan to the Rochester -Olmsted Planning Department on June 27, 2001. Therefore, Conditions 4a and 4c could be stricken from the staff recommendation. Mr. Svenby explained that the applicant's representative, Bill Tointon, handed out a letter addressing the general development plan and preliminary plat. He stated that Mr. Tointon suggested language with regard to Condition 4b with regard to the pedestrian connection. He stated that it was not clear from the City Council minutes if the pedestrian facility outlot was waived in the preliminary plat stage. Therefore, he indicated he contacted the City Clerk and is awaiting a copy of the tape of the meeting. He suggested that the Commission leave the requirement on the GDP and that it would be resolved prior to the Council meeting. Mr. Staver asked if the comments made by Public Works should be included in the conditions listed in the staff recommendation. Mr. Svenby responded that the conditions were covered in the Hart Farms preliminary plat. The applicant's representative, Bill Tointon of McGhie and Betts, addressed the Commission. He explained that the amendment's purpose was to serve Hart Farm (which Merle Groteboer is developing) with sanitary sewer and storm sewer. He explained the advantages to both the applicant and adjacent developer. Mr. Tointon stated that the applicant agrees with the listed conditions. He further stated that they are already providing the pedestrian facilities easement on the plan. Therefore, he suggested that the second sentence in Condition number 1 be stricken. Page 3 City Planning and Zoning Commission Minutes I Hearing Date: June 27, 2001 Mr. Svenby stated that the entire Condition number 1 could be stricken, as it is shown on the revised plan. With no one else wishing to be heard, Ms. Petersson closed the public hearing. Mr. Burke moved to recommendf General Development Plan f, <. approval of Amendment to 0157, known as Hatt Farms, based on staff recommended conditions exceptto,'stnke Conditions 1; 4a, and 4c'as described by staff., Ms. Wiesner asked staff if Condition number 2 should also be stricken. Mr. Svenby responded no. Ms. Rivas explained that she would abstain from the vote, due to conflict of interest. Mr. Svenby presented the staff report, date une 21, 2001, to the Commission. The staff report is on file at the Rochester -Olmsted Flaking Department. Mr. Svenby explained that Mr. Tointon t with 'ke Nlgbur regarding the suggested conditions. Based on that meeting and revised t submitted today, he suggested that Condition 1 in Its entirety be stricken, le second a third sentences of Condition 2 be stricken, and Condition 7 be stricken entirely. MEETING 1r REQUEST FOR COUNCIL ACTION DATE 7-16-0 "' :NDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING f, ITEM DESCRIPTION: Preliminary Plat #01-21 by Gene Peters, to be known as Hart Farms PREPARED BY: North Subdivision. The plat proposes to subdivide approximately 7.87 acres of land into 7 Brent Svenby, lots for single family development and one outlot. The property is located along the west Planner side of 18'h Ave. SW, north of 36th St. SW. July 11, 2001 City Planning and Zoning Commission Recommendation: The City Planning and Zoning Commission held a public hearing on June 27, 2001 to consider this preliminary plat to allow for seven residential lots and one outiot. The Commission held a hearing on a GDP for this area. The applicant's representative, Bill Tcinton of McGhie & Betts, addressed the Commission and stated that the applicant agrees with the modified conditions. Mr. Tointon also stated that the Outlot would be dedicated tat he City for drainage and utilities. The Planning Commission found that this preliminary plat conforms to the criteria listed in the Land Development Manual and recommends approval of this preliminary plat with the following modifications or conditions: 1. Stormwater Management must be provided. 2. The Developer shall enter into a Development Agreement with the City of Rochester that outlines the obligations of the applicant relating to, but not limited to; substandard street reconstruction charges and Traffic Improvement District charge; storm water management; park dedication; traffic improvements; pedestrian facilities; right -of -dedication and contribution for public infrastructure, including the extension of sanitary sewer through the property. The Developer will be required to execute any necessary easements for the extension of off site utilities prior to submittal of the Final Plat. 3. Pedestrian facilities are required along both sides of all new roadways and a 10'pedestrian bituminous path along 18th Avenue SW (Co. Road 147) including Outlot A, at the expense of the developer.. 4. A 10'pedestrian facilities easement located along the westerly ROW of 18'h Avenue SIN(Co. Road 147) shall be dedicated and recorded prior to recording the final plat documents. The Final Plat document shall identify the recorded pedestrian facilities easement. 5. Parkland dedication be met via cash In lieu of land. 6. The final platting of this property is subject to the platting of the property to the south, to provide access. Ms. Wiesner moved to recommend approval of Preliminary Plat #01-21 by Gene Peters to be known as Hart Farms North Subdivision with staff -recommended conditions as modified. Mr. Burke seconded the motion. The motion carries 8-0, with Ms. Rivas abstaining. Council Action Needed: 1) The Council may approve, approve with conditions, or deny the land subdivision permit. The Council must make findings of fact based on the criteria included in the staff report. A motion to deny must include supporting reasons for a conclusion that at least one of the fifteen findings for denial in Paragraph 61.225 can be made. COUNCIL ACTION: Motion by: Secc000ndby: to: „� "Sw s CT H Azssa� MIEW9 sw II, J 6� h v 40 ST 1%, 507-289-7333 p.2 Jun U1 U1 U'/:55a MCGHIE&BETTS INC HART FARMS' PROPERTY y I' ro M O � J jj�� • Y' ,� r I . ale•-L_—.+I —� �_` YI f.TRr 11/ ♦{e,1 J �•JR„R -"I• =u ._7IA-AWM i& AMENDED ► tf a3 , GENERAL DEVELOPMENT PLAN e HART FARM SUBDIVISION i III HART FARMS wiSION I I IS t 1 7 f N l/»-Im- IPI a eyygqi 65$65$ p o epe cr W )• Q z z-�� -Q -p Z �i�• t W it �ri�—, Ha��il� � f � Iz a LL o� z � M .pt.f0.9Lp{d N rn c rr7 ab_(Tprrvo vl Mao — — — — — — --`—f t «_'M'S 9Nt114PYH f , At s 1 >.10 y SJE- a'T ss�-Ej4s'a 3 oE4goi{Ea=F=E� t sad � r�tEi��Y1���•rt a O mg NN gg z z 3',ai ¢ua r r ROLnrSTER-OLMSTED PLANNING DEPA,..MENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 C O Y X TV a. www.olmstedcounty.com/planning TO: City Planning and Zoning Commission FROM: Brent Svenby, Planner DATE: June 21, 2001 RE: Type III, Phase II, Land Subdivision Permit (Preliminary Plat) #01- 21 by Gene Peters, to be known as Hart Farms North Subdivision. The plat proposes to subdivide approximately 7.87 acres of land into 7 lots for single family development and one outlot. The property is located along the west side of 18th Ave. SW, north of 36th St. SW. Plannina Department Review: ApplicantlOwner: Gene Peters 3015 18u' Avenue SW Rochester. MN 55902 Surveyors/Engineers: McGhie & Betts, Inc. 1648 Third Avenue SE Rochester, MN 55904 Referral Comments: 1. Park and Rec. Department 2. Rochester Public Works Department 3. Planning Dept. - Wetlands 4. Planning Dept. - Addressing staff 5. RPU - Water Division 6. RPU - Operations Division 7. Rochester Fire Department Report Attachments: 1. Referral Comments (5 letters) 2. Location Map 3. Copy of Preliminary Plat 4. Proposed amendment to the Hart Farms General Development Plan Development Review: Location of Property: The property is located along the west side of 181" Avenue SW (Co. Road 147), north of 36`" Street SW and allows for the future extension of Hart Lane SW. Zoning: Once annexed, the property will be zoned R-1 (Mixed Single Family Residential) district on the Rochester Zoning Map. The annexation is scheduled to be heard before the City Council on July 16, 2001. Currently the property is zoned A-3 (Agricultural) on the Olmsted BUILDING CODE 507/285-8213 • GIS/ADDRESSING/MAPPING 5071285-8232 • HOUSING/HRA 5071285-8224 PLANNING/ZONING 507/285-8232 • WELL/SEPTIC 507/285-8345 FAX 507/287-2275 i'?O AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (37'� Page 2 Preliminary Plat 00-39 Hart Farm Subdivision June 21, 2001 Proposed Development: This development is subdividing approximately 7.87 acres of land into 7 lots for low density residential development and one outlot. Roadways: This plat proposes to dedicate right-of-way for two roadways. The first roadway dedicates 50' of right-of-way for "18`h Avenue SW". Controlled access along 18'h Avenue SW will need to be dedicated on the plat. The second roadway named "Hart Lane SW" is designed with 50' right-of-way and a 51' cul-de-sac radius. This roadway eventually intersects with Hart Drive SW to the south. Pedestrian Facilities: Pedestrian facilities are required along both sides of all new roadways and a 10 foot wide bituminous path is required along the westerly ROW of 181h Avenue SW (Co. Road 147). Drainage: The topography is moderately rolling. The lots will drain to the north into the outlot. Outlot A will be dedicated to the City stormwater management proposes. Grading and drainage plans will need to be approved by the City Public Works Department prior to the submittal of the final plat. Storm Water Management must be provided for the development of this property. Wetlands: The Soil Survey and National Wetland Indicator maps were reviewed for the presence of wetlands. There do not appear to be hydric soils within this plat. Public Utilities: This area is within the Willow Heights High Level Water Services Area, available on the east side of 18s' Avenue SW at the southeast corner of the property. Sanitary sewer will need to be extended from the north to serve this development. Easements for the extension of off -site utilities must be executed prior to submitting the Final Plat. Spillover Parking: As per Section 63.426 of the LDM, all residential development must provide spillover parking for service vehicles and visitors. This development requires 9 spillover parking stalls. It appears as though the additional parking can be accommodated on the roadways and most likely within private driveways, as well. Page 3 Preliminary Plat 00-39 Hart Farm Subdivision June 21, 2001 Parkland Dedication: General Development Plan The Park & Recreation Department stated that dedication requirements be met via cash in lieu of land with payment due prior to the recording of the final plat. This preliminary plat is included in the proposed amendment to the approved Hart General Development Plan. Staff Review and Recommendation: Section 61.225 of the Land Development Manual lists the findings which must be considered by the Planning Commission and the Council when reviewing a land subdivision permit application. This section is attached for your information. The Planning staff has reviewed this preliminary plat request for compliance with the Rochester Zoning Ordinance and Land Development Manual including Section 61.225 of the LDM. The staff recommends approval with the following conditions / modifications: 1. The Plat shall be revised to: a. Dedicate controlled access along the entire frontage 18tb Avenue SW (Co. Rd. 147). b. Provide a drainage and utility easement over all of Outlot A. c. Identify a 10' wide pedestrian facilities easement abutting the west right-of-way of 18t° Avenue SW (Co. Rd. 147). 2. Stormwater Management must be provided. The Developer shall dedicate easements for any drainage that leaves the property and flows across lands outside of the City. Said easements shall be dedicated prior to the submittal of the Final Plat. 3. The Developer shall enter into a Development Agreement with the City of Rochester that outlines the obligations of the applicant relating to, but not limited to; substandard street reconstruction charges and Traffic improvement District charge; storm water management; park dedication; traffic improvements; pedestrian facilities; right -of -dedication and contribution for public infrastructure, including the extension of sanitary sewer through the property. The Developer will be required to execute any necessary easements for the extension of off site utilities prior to submittal of the Final Plat. 4. Pedestrian facilities are required a/oy both sides of all new roadways and a 10' pedestrian bituminous path along 18 Avenue SW (Co. Road 147) including Outiot A, at the expense of the developer.. 5. A 10' pedestrian facilities easement located along the westerly ROW of 18`h Avenue SW (Co. Road 147) shall be dedicated and recorded prior to recording the final plat documents. The Final Plat document shall identify the recorded pedestrian facilities easement. 6. Parkland dedication be met via cash in lieu of land. r33 Page 4 Preliminary Plat 00-39 Hart Farm Subdivision June 21. 2001 7. Prior to Final Plat submittal, the Owner shall enter into a Contribution Agreement with the City to address the Owner's financial obligations regarding the construction of City project(s) to provide sewer and water to this property. B. The final platting of this property is subject to the platting of the property to the south, to provide access. Reminder to Appficant: Prior to development, the property owner will need to execute a City / Owner Contract for construction of all public infrastructure and utilities to serve this subdivision. The application must obtain any land use approval which is required by another governmental entity with land use jurisdiction, in whole or in part, over this development. This Plat is subject to the Subdivision regulations which became effective May 15, 1999. Approved grading, drainage and construction plans will need to be submitted with the final plat application, if the applicant intends to record the final plat documents prior to completion of infrastructure improvements. Page 5 Preliminary Plat 00-39 Hart Farm Subdivision June 21, 2001 CITY OF ROCHESTER ZONING ORDINANCE AND LAND DEVELOPMENT MANUAL EXCERPTS 61.225 Finding for Land Subdivision: The Zoning Administrator, Commission or Council shall approve a development permit authorizing a land subdivision if all of the following findings with respect to the proposed development are made: A. The proposed land subdivision conforms to all relevant requirements of this ordinance and variances have been granted to permit any nonconformance. B. That the proposed water system and sanitary sewer system are adequate to serve the normal and fire protection demands of proposed development and to provide for the efficient and timely extension to serve future development. C. That the plan for soil erosion and stormwater management meets the adopted standards of the City of Rochester and is consistent with the adopted Stormwater Management Plan or adopted drainage or stormwater policies. D. That the vehicular and non -motorized system is consistent with adopted transportation plans and is consistent with the street layout standards listed in Section 64.120 and traffic service standards in Section 61.526. E: That the lot and block layout provide for safe and convenient vehicular, service and emergency access, efficient utility service connections, and adequate buildable area in each lot for planned uses. F. That the proposed land subdivision has taken into account the current 6-Year and other Long -Range Capital Improvements Programs and the elements listed therein in the design of the subdivision. G. That the proposed subdivision, if in a resident zoning district, -addresses the need for spillover parking consistent with the. requirements ofSection63.426. H. That -right-of-ways and easements of adequate size and dimensions are -provided for the purpose of constructing the street, utility, and drainage facilities needed to serve the development. I. That the proposed parks, trail thoroughfares and open space dedications are consistent with adopted plans, policies and regulations. J. That the proposed subdivision will not have off -site impacts on the street, drainage, water or wastewater systems that exceed adopted standards. K. That the proposed subdivision will not have adverse impacts on the safety or viability of permitted uses on adjacent properties. L. That the proposed land subdivision is designed in such a manner as to allow for continued development in an efficient manner on adjacent undeveloped lands. 1357 Q/ Page 6 • • ,I alp Preliminary Plat 00-39 Hart Farm Subdivision June 21. 2001 M. That the soils, topography and water tables have been adequately studied to ensure that all lots are developable for their designated purposes. N. That the proposed land subdivision is consistent with the standards of the City's adopted Comprehensive Plan, O. That any land located within Zone A as shown as on the currently adopted Flood Boundary and Floodway Maps of the Flood Insurance Study, Rochester, Minnesota prepared by the Federal Emergency Management Agency, is -determined to be suitable for its intended use and that the proposed subdivision adequately mitigates the risks of flooding, inadequate drainage, soil and rock formations with severe limitation for development, severe erosion potential or any other floodplain related risks to the health, safety or welfare of the future residents of the proposed subdivision in a manner consistent with this ordinance. 61.226 Conditions on Approvals: In considering an application for development permit to allow a land subdivision, the approving body shall consider and may impose modification or conditions to the extent that such modifications or conditions are necessary to insure compliance with the criteria of Section 61.225. ROCHESTER t 9-7' Winneaota DEPARTMENT OF PUBLIC WORKS 201 4" Street SE Room 108 TO: Consolidated Planning Department Rochester, MN 55904-3740 2122 Campus Drive SE 507-287-7800 Rochester, MN 55904 FAX — 507-281-6216 FROM: Michael J. Nigbur DATE: 6/15/01 The Department of Public Works has reviewed the application for PP#01-21, on the Hart Farms North (Gene Peters) property. The following are Public Works comments on the proposal: 1. Grading, Drainage, and Construction Plan approval is required prior to Final Plat submittal 2. Storm Water Management must be provided for this development. A Voluntary Stormwater Management Fee will apply to any areas of this subdivision that, when graded, do not drain to the proposed detention facility. 3. Outot `A' should be designated as a Drainage & Utility Easement, and dedicated to the City. Drainage that leaves the plat and flows across lands outside of the City must be conveyed within easements dedicated to the public. 4. Dedication of Controlled Access shall be shown on the Final Plat, along the entire frontage of I8'" Ave SW. 5. Pedestrian facilities (concrete sidewalk) are required, at the expense of the Developer, along both sides of Hart Lane SW, within this subdivision, and a 10 foot wide bituminous path is required along the west ROW of 18`' Ave SW (including Outlot `A'). 6. Dedication of a 10' wide pedestrian facilities easement will be required abutting the 18d'Ave SW ROW, to accommodate the required pedestrian path. 7. Execution of a City -Owner Contract will be required prior to construction of public infrastructure. 8. Prior to Final Plat submittal, the applicant shall enter into a Development Agreement with the City that outlines the obligations of the applicant relating to, but not limited to, substandard street reconstruction charges & Traffic Improvement District charges, stormwater management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, and contributions for public infrastructure, including the extension of Sanitary Sewer through this property. C:\temp1PP01-21 Hart Farms North (Gene Peters).doc gag ROCHESTER /Y/inneeofa DEPARTMENT OF PUBLIC WORKS 201 4" Street SE Room 108 TO: Consolidated Planning Department Rochester, MN 55904-3740 2122 Campus Drive SE 507-287-7800 Rochester, MN 55904 FAX - 507-281-6216 FROM: Michael J. Nigbur 9. Prior to Final Plat submittal, the Owner shall also enter into a Contribution Agreement with the City to address the Owner's financial obligations regarding the construction of City project(s) to provide sewer & water to this property. 10. Preliminary Construction Plan comments will be provided separately to the Developer's Engineer. 11. Final Plat of this property is subject to the platting of the property to the south, to provide access. The following charges/fees are applicable for the development of the property (rates are valid through 7/31/01, and subject to annual review and change August 1" each year): Sanitary Sewer Availability Charge (SAC) @ $2757.83 per developable acre Water Availability Charge (WAC) @ $1653.67 per developable acre. A Substandard Street Reconstruction Charge and contribution to the SW TID, will be required for 18th Ave SW. d• Storm Water Management Charge — TBD, for any areas of this development that when graded, do not drain toward the proposed on -site detention facility. :• Traffic Signs as determined by the City of Rochester Traffic Division. NONE C:\temp\PP01-21 Hart Farms North (Gene Peters).doc ROCHESTER PARK AND I ;Wr ATION DEPARTMENT 201 FOURTH STREET SE q ROCHESTER MINNESOTA 55904-3769 + r TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: June 15, 2001 TO: Jennifer Garness Planning RE: Hart Farms North Preliminary Plat #01-21 Acreageof plat.......................................................... Number of dwelling units ............................................. Dwelling unit density ................................................... Densityfactor............................................................ Dedication............................................................... Fair market value of land ............................................. 7.87 acres 7 units 1.12 units/acre .0244 .17 acres $11,000 The Park and Recreation Department recommends that dedication requirements be met via: Cash in lieu of land with payment due prior to recordation of the final plat. Applicant: Gene Peters 3015 18 Avenue SW 0:\DST0T2\2001\DEDICATI0N\SW 2897\HART FARMS NO.DOC .#U1 PUBLIC WORKS DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-474, 507/285-8231 June 20, 2001 Jennifer Garness Planning Department Dear Jennifer: The Public Works Department has reviewed Final Plat #01-21 by Gene Peters, to be known as Hart Farms North Subdivison and has the following comments: • Access control shall be shown along 18th Avenue SW(Co. Rd. 147). Sincerely, l� Michael Sheehan County Engineer MTS:ss 0engindm1plenzone.doc Administration AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Building Maintenance Surveying and Mapping Engineering Highway Maintenance Parks 8 Agriculture Solid Waste II r�u li- we pledge, we deliver June 13, 2001 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Preliminary Plat #01-21 by Gene Peters to be known as Hart Farms North Subdivision. Dear Ms. Garness: Our review of the referenced preliminary plat is complete and our comment follows: 1. A 6" gate valve & box must be added at the south end of the water main extension. Please contact us at 507-280-1600 if you have questions. Very truly yours, 06-JUX - Q.--� � (14-1 Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Bureau Dave Morrill, McGhie & Betts, Inc. Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 1qi to Page 3 —City Planning and Zoning Commission Minutes Hearing Date: June 27, 2001 Mr. Svenby stated that the entir�Condition number 1 could be stricken, as it is shown on the revised plan. \ With no one else wishing to be he d, Ms. Petersson closed the public hearing. Mr. Burke moved to recommend app val of Amendment to General Devel erlt Plan. #157, known as Hart Farms based on taff4ecommended conditions ex t to strike Conditions i; 4a, and 46as described k staff:' ..;u. .' Ms. Wiesner asked staff if Condition numbe should aXto Mr. Svenby responded no. Ms. Rivas explained that she would abstain from a vott of interest. Preliminary Plat #01-21 by Gene Peters, to be known as Hart Farms North Subdivision The plat proposes to subdivide approximately 7 87 acres of land into 7 lots for single family development and one outlot. The property is located along the west side of 18v' Ave. SW. north of 36m St. SW. Mr. Svenby presented the staff report, dated June 21, 2001, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Mr. Svenby explained that Mr. Tointon met with Mike Nigbur regarding the suggested conditions. Based on that meeting and a revised plat submitted today, he suggested that Condition 1 in its entirety be stricken, the second and third sentences of Condition 2 be stricken, and Condition 7 be stricken entirely. Page 4 • • City Planning and Zoning Commission Minutes J Hearing Date: June 27, 2001 i Mr. Burke asked if Conditions 4 and 5 could be stricken. Mr. Svenby responded no and explained that those types of conditions are normally placed on preliminary plats. Mr. Quinn asked if the Outlot was the only land that would not be developed on. Mr. Svenby responded yes. Mr. Burke asked if the Outlot would be dedicated to the City. Mr. Svenby responded yes. The applicant's representative, Bill Tointon of McGhie and Betts, addressed the Commission. He indicated that the applicant agrees with the modified conditions. He explained that the Outlot would be dedicated entirely to the City for the purpose of drainage and utilities. With no one else wishing to be heard, Ms. Petersson closed the public hearing. Ms. Wiesner moved to recommend approval,of Prelirhlnary Plat #01 21 k y Gene Peters, to be known as Hart Farms North Subdivision based on staff recortiiner> ed co�dttio except to strike Condition 1 to its entiretyz�tiieaecond and thud sentencesof Con�i�rtton 2 be stricken, and Conoltion 7xbe stricken entrrely as described seconded the condition, s _..:;; :; . , .. ._ .; ; Ms. Rivas explained that she would abstain from the vote, due to conflict of interest. The motion carried8�0rRr�vas�abstanNMIN COITIO"NSr t vt r��, !�f` �ir v33'^'x.y ik r EQ d.# t -eq 'r" . w'r.' t']a . 14& �i`r! i. 2. F �'^'i ,p .0 •} r ;. 11 Stormwater Management must tbetprovirled F , � ; 1�G"&'>��u�Stit"kKTEk gp �* r<, - { u� 2 Thp Developer shall enter mto,a pevelopn ent Agreement fith t r .. Rochester that outllt es the obl atioas.,,,of the applicant relatting'tp b�u-ta P Ite to, su4stairdarc[streeT rjeVnstruc tqE charges aygcl Tra e imp ov charge,stormtvgatermanagement;;iiark�dedicati*pn;trafficmpo eme�tta- edestrian fppc1/11 1 s, ri `httaf dedication antl contributto�j.for ubhe ii�tras, r cturpCss NYC"' t<1i raiY tncludmg the exte sion of samtaQ s%ewe throug1l the prop ye,an M1wa be requtred to execute any nepessary egsemeiits for t 6, extendlap` 0ft3.t, u�ihties prior to subp1ttal of the" Linal; P "f �� ' ,rr s'{,KAtf„k5"..Y t #,i�*, sn '" E,Y 3 Pedestrian facilities are requtred along both sides of a11:ne roadwa s d Or Kt +�1."�a' fi3' roc Mask x pedestrian btumthoispat�*alongl8w,AvenueS{NtGosRoa'id4 frclyd gK�ult,+a A; at the expense offt developer 4<' 4q+ '�..n�.a Y Z ar Xrna«.yrc ,:, 4 A 1Q' pedestrian facilities easement located along the westerly ROWofB Avenue; SW.(Co Road147) sftall be dedicated and recorded rp for to regordinhlefnal plat'; documents ThJjldYinal Plat document.shalfldenti 'the recorded' edestnan� s; G Page 5 t City Planning and Zoning Commission Minutes Hearing Date: June 27, 2001 r: Ms. Baker explained th the staff report indicated the need for the item be tabled to July 11. 2001, because the appli t either needed to include an additional va ' nce request or be revised to comply with the s dards of the Ordinance. Since the ti a the memo was written, that particular issue has been olved. She suggested that the Q6mmission continue the item to July 11, 2001. She explained bVt new notices would not be ent to property owners. Ms, -Wiesner -stated -that -she -looked -at- property* -that -is -ad' cent -to -the property in discussion. She indicated that there is an access ea ment going th ugh this property to serve another parcel. She questioned how it would affec a prop os project if they were doing a substantial land alteration. Ms. Baker responded that the issue would need ,p discussed separately. She asked Ms. Wiesner to call her at the office. Ms. Wiesner -moved o continue T e III ase II ConRil Use, Perr ltt #01 i$ arwri'ly k yP Variance #0#' 13 by G A' C TFeatresrL to'Ju 11` Mrs Brede seconded the' ups� ara-�rYM, . ' .I on. The motion cart ad 9-0.��_ OTHER BUSINESS: 1. Mr. Wise reviewed his June 2001 staff report. This report is on file at the Olmsted Planning Departm t. Mr. Wise and the Comrr$sion discussed the following: • front ard par ng • circle ydrive ys • how muc uffering and screening should be required • visibility ones for driveways • pavin f all driveways and parking spaces • setb k requirements for single off-street parking spaces REQUEST FOR COUNCIL ACTION MEETING 1 qg� DATE 7-16-01 AUhNUA StG I IUN: PUBLIC HEARINGS ►lw S-5 „�M DESCRIPTION: Final Plat #01-26 to be known as Badger Ridge Third PREPARED BY: Subdivision I Brent Svenby, July 12, 2001 Planning Department Review: See attached Staff Report dated July 12, 2001. The Planning Staff has reviewed the submitted final plat and would recommend approval subject to the following conditions: 1. Prior to the recording of the final plat documents, a private access easement providing access for Lot 1 shall be recorded and the book and page number of the recorded easement shall be shown on the final plat mylars to be recorded. Concurrent with the access easement, a drainage easement needs to be provided for Lots 1 and 2 to convey their drainage to the easement at the SW corner of Lot 3. 2. Prior to submitting the final plat documents, the applicant shall revise the Plat to include the utility easement granted to Cwest Communications on Lot 5. 3. The applicant agrees that the replatting of 2.3 acres of B-1 zoned land will reduce the deferred parkland dedication that was required for Badger Ridge First Subdivision by 1.17 acres. 4. The applicant shall obtain a grading permit from Olmsted County prior to any grading work taking place within the right-of-way of CSAH 4. 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 Attachment.r Staff Report dated July 12, 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 Chambers at the Government Center, 151 4th Street SE. 5. Yaggy Colby Associates on Monday, July 16, 2001, in the Council/Board COUNCIL ACTION: Motion by: second by: to: um�l. ;Q 1 O Q I U LL L�u/ L]I cII W z m ss�, Ili 7d �O Jd iLi O ' i ilk %J 2� III 8'n$• tv ; ! — I v) N 3N80 2i0183df1S U— M • .00,OO.OBI - ". ! � onn .nn •.+'• w Ila Cie '14 ! Q-. T a �• wig Wn , arm, Q .addg 1 Ile l7 Y O I of w g tl I a-af�J ` 4 P I m I s- ° 4 d q 35616 27 632.75 _ \ a Z IT" KENOSHA DRNE_ N.W.---- c....._. n" _ \ I 40 Q to i�fur v, ' I m w Q it J I m V SOPYEYOAPRCHS LTECTS �(XJ/ June 27, 2001 Ms. Mitzi Baker Olmsted County Planning LANDSCAPE ARCHITECTS 2122 SE Campus Drive PLANNERS Rochester, MN 55904 RE: Substantial Land Alteration Badger Ridge Third Subdivision Rochester, Minnesota ROCHESTER OFF Dear Ms. Baker: 717 Third AYenu 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 top of the existing hill next to Superior Drive will be cut down and be used to level the site to more suitable grades. The materials will all stay on -site, except that some excess topsoil will be moved to the park land that is adjacent to the site. The grading would be completed in the summer of 2001. A permanent pond in the park will be graded as a part of the Business Center's work. The entire site will be re -seeded and the waterway lined with a wood fiber blanket. Please call if you have any questions. Sincerely, YA�G/G�Y%COLBY ASSOCIATES 71 William S. Anderson, PE WSA:bsd YCA #7382 Attachment: Grading Plan with 10' cuts marked Rochester, MN 55 507-288-6 Fa088-5 MASON CITY OFF 641-424-6 DELAFIELD OFF 262-646-6 i Equal Opportunity Emplo,<r yaggy.Eom r> E +� Qo 0 c5DJ ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 FROM: DATE: G4 CO U N TV OF www.olmstedcounty.com/planning Rochester Common Council Brent Svenby, Planner July 12, 2001 ��avay�Imp� F Final Plat #01-26 to be known as Badger Ridge Third Subdivision Planning Department Review: Applicant/Owner: Surveyors/Engineers: Referral Comments: Report Attachments: Plat Data: Location of Property: Badger Development LLC 400 South Broadway, Suite Rochester, MN 55904 Yaggy Colby Associates 717 Third Avenue SE Rochester, MN 55904 11 100 Riverside Building 1. RPU Water Division 2. RPU Operations Division 3. Rochester Park and Recreation Dept. 4. Rochester Public Works 5. Planning Dept. Wetlands 6. Planning Dept. GIS Addressing 7. Qwest 8. MnDOT 1. Referral Comments (4 Letters) 2. Location Map 3. Copy of Final Plat 4. SLA Map This plat is located along the south side of Valleyhigh Road (CSAH 4), west of Superior Drive NW, east of Kenosha Drive NW and north of Monroe Drive NW. Zoning: Lots 1, 2, and 3 are zoned B-1(Restricted Commercial) on the City Zoning Map. Lots 4, 5, and 6 are R-3 (Medium Density Residential) on the City Zoning Map. Proposed Development: The property is being re -subdivided to divide one lot into three lots for medium density residential development and three lots for commercial development. Streets: There are no new roadways being dedicated with this BUILDING CODE 5071285-6213 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA507/285-8224 -+��- PLANNING20NING 5D7/285-8232 • WELUSEPTIC 5071285-8345 FAX 507/287-2275 mw.w AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 Badger Ridge Third Subdivision July 12, 2001 Plat. Drainage: Grading and drainage information for this re -plat was reviewed by the Rochester Public Works Department prior to plat submittal. Since the applicant is requesting a substantial land alteration, the grading plan can not be approved until the SLA is approved. The applicant will also need to obtain a County permit for the grading work in the CSAH 4 right-of-way. A drainage easement needs to be provided for Lot 1 and 2 to convey their drainage to the easement at the SW corner of Lot 3. 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. Additional interior water system improvements and public easements will be required to adequately serve most of the lots. As the lots are developed, the applicant will need to coordinate with RPU to provide the required looping of the mains. Spillover Parking: As per Section 63.426 of the LDM, all residential development must provide spillover parking for service vehicles and visitors. Spill -over parking requirements will be reviewed when specific developments are proposed on a lot. Parkland Dedication: The City Park and Recreation Department recommends that with the replatting and zoning of lots 1, 2, and 3 being B-1, the amount of land dedication is reduced. The amount of the deferred land dedication should be reduced by 1.17 aces from what is required on the Badger Ridge Subdivision. General Development Plan: The property is consistent with the approved General Development Plan known as Badger Ridge. Substantial Land Alteration The applicant is also requesting approval of land disturbing activities defined as Substantial Land Alteration according to Section 62.1101, B of the Rochester Zoning Ordinance and Land Development Manual. Section 62.1102 of the LDM allows the City to consider a request for excavation or substantial land alternation as part of a Type III application, such as a final plat, subject to making findings established in Sections 62.1105 and 61.146 of the LDM. ➢ This development includes a proposal for grading work which involves a grade change of 10- feet or more from the pre-existing grades. The attached map labeled SLA Map identifies the Page 3 / 1 Badger Ridge Third Subdivision July 12, 2001 areas on the site where the existing grades are proposed to be altered by 10-foot or more. This includes two areas of grading greater than 10 feet on lot 5, Block 1. The attached letter from William Anderson of Yaggy Colby Associates has identified the location were the SLA is taking place. All graded materials will stay on -site, with some the material being moved to the parkland that is adjacent to the site. The grading work will be completed this summer. Sections 61.146, 62.1102 and 62.1105 of the LDM are attached. Staff Suggested Findings: If the City Council approves the proposed substantial land alternation, staff recommends the following findings to Sections 62.1105 and 61.146 of the Rochester Zoning Ordinance & Land Development Manual. 62.1105 1) The activity should not result in danger to life or property. The slopes will be designed with a maximum slope of 3:1. The grading and drainage plans will need to comply with City standards and be approved by the Rochester Public Works Department. 2) The grading and drainage plan for this project needs to be approved by the Rochester Public Works Department and it will document the extent of the work. Noise and dust control will need to comply with City standards. 3) The equipment conducting the grading work on the property will also be the equipment utilized in grading the roadways in the subdivision. All excess material will be used on the site or on the adjacent property so no additional trucks will be necessary for the excavation work. 4) The proposed excavation work should not affect air quality or ground and surface water quality. 5) The proposed grading work should not adversely affect the scenic quality of Rochester. There will not be any steep slopes or exposed rock faces. The natural topography of the area will be re -graded to provide adequate slopes for dwellings, roads and drainage. 6) The result of the proposed activity will be compatible with existing development and development anticipated in the future. The finished result of the grading work will allow for development that is consistent with the land use plan. 7) The grading will be confined to the property and should not affect the use and enjoyment of adjacent properties. The duration of the excavation activity is expected to be completed this year. 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. 11 Page 4 Badger Ridge Third Subdivision July 12, 2001 12) The grading work is expected to be completed during the first phase of development, which should be completed this year. The duration seems appropriate for this type of activity and the size of the project. 13) The Rochester Public Works Department will need to review and approve the grading and drainage plan for this work. This plan must accommodate permanent and interim erosion and sediment control. 14) Surety will need to be provided that guarantees the site will be fully restored after the completion of the excavation activity. This surety can be provided through the owner contract process for this development. If grading is to happen prior to the Owner Contract, a separate means of surety will need to be provided. 15) The grading and drainage plan will need to be approved by the Rochester Public Works Department prior to any grading on the property. The Planning Staff would suggest the following findings for Section 61.146: 1) Not applicable 2) Not applicable 3) Not applicable 4) The Rochester Public Works Department will need to review and approve the grading and drainage plan for this work. This plan must accommodate permanent and interim erosion and sediment control. 5) Not applicable 6) Not applicable 7) Not applicable 8)_ Not applicable _ Preliminary Plat: There was not a preliminary plat for this property. This plat is a re -plat of Lot 1, Block 6 Badger Ridge Subdivision with no new right-of-way being dedicated. Planninq Staff and Recommendation: The Planning Staff has reviewed the submitted final plat and would recommend approval subject to the following conditions: 1. Prior to the recording of the final plat documents, a private access easement providing access for Lot 1 shall be recorded and the book and page number of the recorded easement shall be shown on the final plat mylars to be recorded. Concurrent with the access easement, a drainage easement needs to be provided for Lots 1 and 2 to convey their drainage to the easement at the SW corner of Lot 3. 153 (5q Page 5 Badger Ridge Third Subdivision July 12, 2001 2. Prior to submitting the final plat documents, the applicant shall revise the Plat to include the utility easement granted to Owest Communications on Lot 5. 3. The applicant agrees that the replatting of 2.3 acres of B-1 zoned land will reduce the deferred parkland dedication that was required for Badger Ridge First Subdivision by 1.17 acres. 4. The applicant shall obtain a grading permit from Olmsted County prior to any grading work taking place within the right-of-way of CSAH 4. Page 6 Badger Ridge Third Subdivision July 12, 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: Th_e Ci_ty_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; f S� to _ Page 7 ..II���� Badger Ridge Third Subdivision July 12, 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 8 Badger Ridge Third Subdivision July 12, 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. tqg ROCHESTER Winn¢Jota DEPARTMENT OF PUBLIC WORKS 201 4" Street SE Room 108 TO: Consolidated Planning Department Rochester, MN 55904-3740 2122 Campus Drive SE 507-287-7800 Rochester, MN 55904 FAX —507-2B1-6216 FROM: Michael J. Nigbur DATE: 7109/01 The Department of Public Works has reviewed the application for Final Plat #01-26 on the Badger Ridge Third Subdivision (Reolat of Lot 1. Block 6. Badger Ridge 1" Subd). The following are Public Works comments on the proposal: 1. A Development Agreement has been executed for this property. 2. Based on the existing controlled access, Lot 1, Block 1, does not have any direct access to Valleyhigh Rd NW, or Superior Dr NW. Prior to plat approval, the applicant should be required to provide the Planning Department and the Public Works Department, a copy of a private easement that provides access to this lot. Execution of a City -Owner Contract will be required for individual lot development if said development involves the extension of public watermain and/or the addition of hydrant(s) S Charges/fees applicable to the development of this property have previously been addressed in the City -Owner Contract for Badger Ridge First Subdivision, and have been paid. C:\tern ffP01-26 Badger Ridge 3rd Subd.doc ROCHESTER PARK AND RGREATION DEPARTMENT rochester MEMORANDUM �-D DATE: July 5, 2001 TO: Jennifer Garness Planning FROM: Denny Stotz SUBJECT: Replatting Badger Ridge Block 6 Lot 1 The replatting and re -zoning of the 2.3 acres from R3 to 61 will reduce the deferred parkland dedication that was required for Badger Ridge 1s' by 1.17 acres. too f' u �,,.... we fledge, Ive deliver July 10, 2001 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: REVISED: Final Plat #01-26 by Badger Development LLC lI to be known as Badger Ridge Third Subdivision. Dear Mr. Svenby: Our review of the referenced final plat is complete and we have no objections. Our comments follow: 1. The perimeter public water system plans have been approved. 2. Additional interior water system improvements and public easements (especially the necessary east -west connection between Superior Dr. NW and Kenosha Dr. NW) will be required to adequately serve most of the lots. These can be created at a later date as these areas are developed and must be coordinated to provide the required looping of the water mains. Please contact us at 507-280-1600 if you have questions. Very truly yours, "4A (. D.. -L Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Badger Development LLC II Yaggy Colby Associates Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 V O t N `mrnd m p II l0 C m a 50 m oZ mo caEii E� d=O Q N p .O .+❑ orm Ec �$ :: WO u a�i�c10i� CL E » cn a c� a G .PTO Z m a°io$ Z >'a�v H Cry y R L O> o c S U 9 m m O. u N w�t� H a U) caE o o m m CO —° u.! n uno U3r3c` �r0o r�W°r c~`► Q. CLm C= Ow O C m°my0 rEU.0 CE�a CaT� v 0 O U c C m CD 4),� C LC' 0 10 'O '�j tL ui 4) m C ,N C 'O t6 = ram y a j oL�N C Z 05 l9 �Qw= > min Oam m rn - In N Q g- dt N m O C _ 0 N j a)O U 0 Ea O u e m A o my N m v A O o Y E v c c m A eq Lo O > a N N W.-m2o C n �O CO 7 N (n1-4 N�$Ty N 7 yap O in d CL m Ol G •� 15 Ny.mc; C C W 7 0 o mwvz a n�oEE o m U N R « 4 a FtU�ma } N m an d z r aY mU y ¢ u ° a o m m az.o 8 O o: b v C cam` O � G E cg oQ 7 0 0 n 8x F m F y D p N C O m O m O U U r zm Np' zE 3 m1 am 219 co if N N N N N dca- V 4 (S' c U o •N O p o o f am ap ¢ m o�i aai m ow _ T Y a. F25 Qco �M z8 cli vi .i vi O 0 Im `m N a N m O c c a a z c O uj z z z I 0 0 LU En J O t�4P..". n u 6 d 11 S �I V i / o !II e0 9e m�app SU4�RtipR aR�VE. � 5� Y_ os ra.s aacEy`o�d<a ~ of 9 cn-�at it ♦oe Ol�H GU I MCC Pp 2r'dC9Y m nn�^n c� CJoaoomV'•� u pdYt�o=oNM V •� ` q � C g q d ti N 0 p c N n � crnS i GgjEE c IN C/ _ Oi�� 'v eE�S�mngev , O 'V F.. ,IQ •.: •-' ON Sw'� a oaF�n�'EHo� O Y9 J�N�L'ep ]..R fie f Y P �• D�3 o1m5S eo ry� s r p 6�5 1 W Z N O 4 r y b S > v. e i E � N REQUEST FOR COUNCIL ACTION MEETING 14 ' DATE: 07-16-01 AGENDASECTION: ORIGINATING DEPT: ITEM NO. tLIC HEARINGS PLANNING <e-, —to ITEM DESCRIPTION: Final Plat #00-49 by Joel Bigelow and Sons Enterprises, Inc. to be PREPARED BY: known as Southern Hills Third. The plat proposes to subdivide approximately 21.40 acres Theresa Fogarty, into 36 lots for single family development and 2 outlots. The Plat also includes the Planner dedication of right-of-way for the continuation of 2 public roadways (Leslie Lane SW and Southern Hills Lane SW). The property is located west of 11a' Avenue SW (county Road 147), south of and west of the Southern Hills Subdivision and north of Southern Hills Second Subdivision. July 12, 2001 Planning Department Review: See attached staff report dated July 10, 2001 with the following recommended conditigns or modifications: U�A&tr.d,-ate 1. The grading and construction of the bituminous bike path on Outlot Avis required to be concurrent with the site grading and paving for this development, at the owners/ developers expense. 2. The Care and Maintenance Agreement for Outlot A shall be reviewed and approved by the Planning Department, prior to recording of the final plat. 3. Outlot B shall be dedicated to the City and the developer shall grade and establish the outlot to turf prior to deeding the outlot to the City, Control of this outlet may remain under the control of the association similar to Outlot A, if that is the applicant's preference. If the applicant's prefers to retain control of Outlot B by the homeowners association, Outlot B shall be included in the Care and Maintenance Agreement executed for Outlot A. 4. The applicant shall repair turf and trial damages that have occurred on the existing park. This restoration shall include the grading, erosion control and turf restoration of the park adjacent to Block 4, Lot 1, Block 4 Outlot B and Block 3, Lot 3. Council Action Needed: 1. A resolution approving the plat can be adopted. Distribution: ,,Tyli+11-Al 1. City Administrator 2. City Clerk 3. City Attorney 4. Planning Department File 5. Planning Department, GIS Division 6. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, July 16, 2001 in the Council Chambers at the Rochester / Olmsted County Government Center. 7. McGhie & Betts COUNCIL ACTION: Macon by; Second by: to: I �bya x 5p i S S e 13.� ;yes W z �2r �3 �.iiy SSieS Sfi €S1i 0 a y \ cn d • J ♦ y ^ • M'I 1 `2� �'_--may' - 4 mil/ • "�U' i i J `�,-f`" 1=�f n • t�:f� ,�p�E�•' �' 'o/'�t?b Y ,L/,b ♦y,�j� a i7 d 8 �'. �♦C �� dt � • x .K a a 3N-� u4�J d t KLR N .KKK f �tA U •K•Wc -fiH�/_ � � 'Gyl��y ♦+ �a 24venii• � y mwi ' mroiE J mvl w N'm g 99 3 (� r N nmn Ktit V a`>3•a.rlw X 6 a i� '� • Qy 0 }.M { Y wF1111 8 N KRm .KJ 1� {y "� e' Iriu Nil< M^KI f i N 3n Ib�j tl • .uay.m.o8 �aiA�aP; yy E ei'tK mx� 2 Z Y • r �tQ p4i / e1 ggl �tl 1 WN1 KLII y RSK I w m r..;`` © tt�fR>k�R � ��' • j b � a� � 9 �F ti • F� Z � y 11'NI � Nlli i W = ff w N ry�(`�.0 a mh, Y Lei b`I a''M.y\ ♦ = LfJLMN • \fib �I " +'� � q "`e • :' ` } F N rf�Y I -� m • irm U= M .N,Y%.CL NS L� b'l� ,dd+ �J•6,M' I I V oo•sf . O r�i PH1� 1 1' i'111iillii`11' 1 a�cn �l il?11�11�111jJ ji a rqt 1 IL fill � � �i�t�1�81)1111,11 � ,,may .•'`� � / / �l ° \X 9f . RL Zl it H J+ ! 11! N ` I w J ...r ±I f 'I �� r y i•• y � t '�� z • � e 1 11-.-. C 1 • I , .; 0 1� ilxtr 1 ,11 ifilf ROD ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 000„TV or www.olmstedcourty.com/planning TO: City Planning and Zoning Commission FROM: Theresa Fogarty, Planner DATE: July 12, 2001 RE: Final Plat #00-49 by Joel Bigelow and Sons Enterprises, Inc, to be known as Southern Hills Third. The Plat proposes to subdivide approximately 21.40 acres of land into 36 lots for low density residential development and 2 outlots. The plat also dedicates the right-of-way for the continuation of 2 public roadways (Leslie Lane SW and Southern Hills Lane SW). The property is located west of 11th Avenue SW, south and west of Southern Hills and north of Southern Hills Second. Planning Department Review: Applicant/Owner: Joel Bigelow & Sons Enterprises, Inc. 706 County Road 3 NW Byron, MN 55920 Surveyors/Engineers: McGhie & Betts, Inc. 1648 Third Avenue SE Rochester, MN 55904 Referral Comments: Park and Rec. Department Rochester Public Works Department Report Attachments: 1. Referral Comments (2 letters) 2. Copy of Final Plat 3. Copy of Preliminary Plat 4. Gerlach General Development Plan Development Review: Location of Property: The property is located west of 111h Avenue SW, south and west of Southern Hills and north of Southern Hills Second. BUILDING CODE 507/285-8213 - GIS/ADDRESSINGIMAPPING 507/285-8232 - HOUSING/HRA 5071285-8224 � .o.r PLANNING/ZONING 507/285-8232 - WELUSEPTIC 507/285-8345 47� FAX 507/287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER �v Page 2 Final Plat #00-49 Southern Hills 3rd July 12, 2001 Zoning: The property is currently zoned R-1 (Mixed Single Family) district on the City of Rochester Zoning Map. Proposed Development: This development consists of 21.40 acres of land to be subdivided into 36 lots for low density residential development and two outlots. Roadways: This plat proposes to dedicate right-of-way for the continuation of two roadways. The first roadway labeled "Leslie Lane SW" is designed with a 50' right-of-way and a 51' cul-de-sac radius. This roadway is a continuation of "Leslie Lane SW" from the south-east (Southern Hills 2nd). The second roadway labeled "Southern Hills Lane SW" is designed with a 50' right-of-way and a 51' cul-de-sac radius. This roadway is a continuation of "Southern Hills Lane SW" from the east (Southern Hills Subdivision). Pedestrian Facilities: In accordance with current City policy Pedestrian Facilities are required for this development along both sides of all new public roads including along the road frontages of Outlot A and Outlot B. A Development Agreement has been executed for this property. Outlot A shall not be dedicated to the City, but shall be managed and maintained by a homeowners association. The Care and Maintenance / Homeowners Association agreement shall be reviewed and approved by the Planning Department, prior to recording of the final plat. Outlot B shall be dedicated to the City and the developer shall grade and establish the Outlot B to turf prior to deeding the outlot to the City. The Park Department has no objection to having this outlot remain under the control of the association similar to Outlot A, if that is the applicant's preference. The applicant shall be required to repair turf and trail damages that have occurred on the existing park. This restoration should include the grading, erosion control and turf restoration of the park adjacent to Block 4, Lot 1, Block 4 Outlot B and Block 3, Lot 3. Drainage: The elevations of this property range from about 1190' / 1120' along the northern portion of the plat to about 1150' / 1160' along the southern portion. Grading and drainage plans have been approved by the City Public Works Department. Page 3 Final Plat #00-49 Southern Hills 3rd July 12, 2001 Drainage (continued): Storm Water Management will be provided for this development, as addressed in the executed Development Agreement. Wetlands: Minnesota Statutes now requires that all developments be reviewed for the presence of wetlands or hydric soils. The site was studied for wetlands and no wetlands were found . Public Utilities: Sanitary sewer and water lines will need to be extended from their present ends to accommodate this development. 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 44 spillover parking stalls. It appears as though the additional parking can be accommodated on the roadways and most likely within private driveways, as well. Parkland Dedication: The City Park and Recreation Department recommends that dedication requirements be met via: A reduction in previously established credits resulting from the dedication of a 3,87 acre neighborhood park to serve this subdivision. General Development Plan: This property is included within the Gerlach General Development Plan (GDP), revised and approved, November, 1997. Preliminary Plat Staff Review and Recommendation: A preliminary plat for this area was approved by the Council on March 19, 2001. The approval of the preliminary plat was subject to five (5) conditions: The conditions are listed below: 1. The Plat shall be revised: a. Widening the 20' utility easement, shown between Lots 7 & 8, Block 1, providing for a minimum of 10' of easement north of the proposed water main and south of the storm sewer. b. Indicating the entire 30' utility easement crossing Lots 7 & 8, Block 1 and Lots 1 & 2, Block 5. c. Widening the easement serving the storm sewer in Lots 1 & 2, Block 5 to a minimum of 20'. d. Widening the easement serving the sanitary sewer between Lots 3 & 4, Block 5 to a minimum of 20'. 2. Pedestrian facilities are required along both sides of all new public road Including along the road frontages and Outiot A and Outlot B. (�q i ` ?o Page 4 Final Plat #00-49 Southern Hills 3rd July 12, 2001 3. Outlot B shall be dedicated to the City and the developer shall grade and establish the outlot to turf prior to deeding the outlot to the City. 4. The grading and construction of the bituminous bike path on Outlot A is required to be concurrent with the site grading and paving for this development, at the owners/ developers expense. 5. The Care and Maintenance Agreement for Outlot A shall be reviewed and approved by the Planning Department, prior to recording of the final plat. 6. Stormwater Management must provided for this development. 7. The Developer shall enter Into a Development Agreement with the City of Rochester that outlines the obligations of the applicant relating, but not limited to; storm water management; park dedication; traffic improvements; pedestrian facilities; contributions for public infrastructure. Planning Staff Review and Recommendation: The Developer has executed an Amended Development Agreement, addressing the Storm Water Management fees, Substandard Street Reconstruction fees, and responsibilities of the Outlots with the City for this Plat. The Council will act on the Development Agreement on July 16, 2001. If the Development Agreement is approved on July 16, 2001, staff would recommend approval subject to the following conditions or modifications: 1. The grading and construction of the bituminous bike path on Outlot A is required to be concurrent with the site grading and paving for this development, at the owners/ developers expense. 2. The Care and Maintenance Agreement for Outiot A shall be reviewed and approved by the Planning Department, prior to recording of the final plat. 3. Outlot B shall be dedicated to the City and the developer shall grade and establish the outlot to turf prior to deeding the outlot to the City. Control of this outlot may remain under the control of the association similar to Outlot A, If that is the applicant's preference. If the applicant's prefers to retain control of Outlot B by the association, Outlot B shall be Included in the Care and Maintenance Agreement executed for Outlot A. 4. The applicant shall repair turf and trial damages that have occurred on the existing park. This restoration shall include the grading, erosion control and turf restoration of the park adjacent to Block 4, Lot 1, Block 4, Outlot B and Block 3, Lot 3. Reminder to Applicant: • Prior to development, the property owner will need to execute a City I Owner Contract for construction of all public infrastructure and utilities to serve this subdivision. • This Plat is subject to the Subdivision regulations which became effective May 15, 1999. Approved grading, drainage and construction plans will need to be submitted with the final plat application, if the applicant intends to record the final plat documents prior to completion of Infrastructure improvements. ROCHESTER PARK AND F ;REATION DEPARTMENT 201 FOURTH STREET SE �� t ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: July 5, 2001 TO: Jennifer Garness Planning RE: Final Plat #00-49 Southern Hills Third Acreageof plat.......................................................... Number of dwelling units ............................................. Dwelling unit density ................................................... Densityfactor.. ......................................................... Dedication............................................................... 21.40 acres 36 units 1.68 units/acre .0244 .88 acres The Park and Recreation Department recommends that dedication requirements be met via: reduction in previously established credits resulting from the dedication of 3.87 acre neighborhood park to serve the subdivision. Outlot A is part of a series of pathways intended to be used for utilities, pedestrian and golf cart access to the golf course. At the GDP approval it was decided that the outlots and paths would not be publicly owned but managed and maintained by a homeowners association. Outlot B provides pedestrian access to the neighborhood park. The Park Department would support acceptance of this outlot by the City. The outlot could then be maintained by the Park Department as part of the park. The applicant should be required to grade and establish the outlot to turf prior to deeding the outlot to the City. The Park Department has no objection to having this outlot remain under the control of the association similar to Outlot A g if that is the applicant's preference. The applicant should be required to repair turf and trail damages that have occurred on the existing park as a result of the work for this plat. This restoration should include the grading, erosion control and turf restoration of the park adjacent to Block 4 Lot 1, Block 4 Outlot B and Block Lot 3. 0:\➢ST0TZ\2001\DEDICATI0N\SW 2597\SO HILLS 3RD.DOC r. 17C3L- ROCHESTER Minnesota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904. FROM: Michael J. Nigbur DATE: 7/10/01 DEPARTMENT OF PUBLIC WORKS 201 0 Street SE Roam 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 #00-49 on the Southern Hills Third property. The following are Public Works comments on the proposal: 1. A Development Agreement has been executed for this property. Charges/fees applicable for the development of the property are addressed in the Development Agreement and City -Owner Contract prepared for this property, and include (rates are subject to annual review and change): d• Sewer Availability Charge (SAC) @ $1653.67 per developable acre. :• J9266 Airport Water Tower @ $1298.94 per developable acre, plus 7.5% interest from 3/6/95. :• Storm Water Management Fee @ $2043.01 per acre. A proportional Substandard Street Reconstruction Charge for 11'" Ave SW. • First Seal Coat Contribution Traffic Signs as determined by the City of Rochester Traffic Division: 2 Street Ends Signs C:ltemp\FP00-49 Southern Hills Third.doc REQUEST FOR COUNCIL ACTION MEETING 1 �� 7-16-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARING PLANNING (� _ /t _.., DESCRIPTION: Final Plat #00-38 to be known as Summit Pointe Second PREPARED BY: Mitzi A. Baker, Senior Planner July 12, 2001 Staff Recommendation: The Planning Staff has reviewed the submitted final plat and recommends approval subject to the following conditions or modifications: 1. Prior to recording the final plat documents (mylars), the applicant shall: a) Execute a long term Ownership and Maintenance Agreement for Outlet A, and for the proposed landscape islands that are proposed within the cul-de-sac bulbs. This agreement must be approved by and filed with the City (Rochester Public Works). b) Execute easements required at the northwesterly extend of White Pine Drive NW for a temporary turn- around. Concurrent with construction of improvements, the applicant shall construct the temporary turn- around at this location. 2. Outlet "B"shall be dedicated to the City. 3. Parkland dedication for this plat shall be me via deferred land dedication per the attached memo from Rochester -Jark and Recreation dated July 5, 2001. Dedication for park purposes shall occur when the park area is accessed via a roadway or the Park Department wished to begin development of the park. 4. The applicant shall construct a permanent turn -around at the north end of 45gh Ave. NW, at the Owner's expense. Council Action Needed: 1. if the Council wishes to proceed a resolution approving the plat can be adopted. Distribution: 1. City Clerk 2. City Attomey 3. Planning Department File 4. Planning Department GIS Division 5. McGhie & Betts, Inc. 6. Applicant: This item will be considered sometime after 7:00 p.m. on Monday July 16, 2001, in the Council/Board Chambers at the Government Center, 151 4th Street SE. COUNCIL ACTION: Motion by: second by: to: /9s el WH YI. via i1 v owl aom ram, O h O O U3 W y t CID^' ?? w oil O+ r,+ o �� + i •s.r' Jeers ' / " Jld 9JJ Y a,ue J.c.Js err a � � / '" m I � b �`� m �• t. 9 � h q / / r r r a �+� a , �`` as rnair, s� E•+ z S 9SHS 3i1S ,I 9 'R V A,oW;,A 00, "I pill (fill ti ROCHESTER-OLIMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 c n UN r Y OF www.olmsiedcounty.com/planning TO: City Planning and Zoning Commission FROM: Mitzi A. Baker, Senior Planner DATE: July 12, 2001 �wu��a�Amp� �a�NA tn�ae>• IN�w d\l♦.�scerl� RE: Final Plat #00-38 by Arcon Development to be known as Summit Pointe Second. The plat proposes to subdivide approximately 26.39 acres into 44 lots for single family development and 2 outlots. The Plat also includes the dedication of right-of-way for new public roadways, including the extension of 47th Avenue NW and White Pines Drive NW. The property is located along the east side of 50th Avenue NW and north of White Oaks Fourth Subdivision and North Park Ninth Subdivision. Planninv Department Review: Applicant/Owner: Surveyors/Engineers: Referral Comments: Report Attachments: Development Review: Location of Property: Zoning: Arcon Development, Inc. 7625 Metro Blvd. , Suite 350 Edina, MN 55439 McGhie & Betts, Inc. 1648 Third Ave. SE Rochester, MN 55904 1. Rochester Park & Rec. Dept. 2. 1. Land Development Manual Excerpts 2. Referral Comments 3. Copy of Final Plat This plat is located east of 501h Ave. NW, north of North Park Ninth Subdivision and White Oaks 4`h Subdivision. The property is zoned R-1 (Mixed Single Family) district. BUILDING CODE 5071285-8213 - GIS/ADDRESSING/MAPPING 507/2B5-8232 - HOUSING/HRA 5071285-8224 �w-wwPLANNING/ZONING 507/285-B232 - WELUSEPTIC 507/285-8345 FAX 507/287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER 0 Page 2 / July 12, 2001 Proposed Development: This development consists of 26.96 acres to be subdivided into 45 lots for single family residential development and three Outlots. Streets: The plat dedicates proposes to dedicate the right-of- way for four public roadways. These roadways include the northerly extension of White Pine Drive NW and 47"Ave. NW as well as two cul-de-sacs. Utilities: Utilities are available within the North Park and White Oaks developments to serve this Plat. Sidewalks: In accordance with current City policy, sidewalk is required along the both sides of the roadways within the Plat. Drainage: Grading and drainage plans have been approved for this development. Wetlands: This plan does include delineated wetlands. A wetland related application has been approved by the City. This plan incorporates the approved wetland plan. Spillover Parking: _ The spillover parking requirements for this development would be 53 parking spaces. The proposed roadways should be adequate to accommodate the required spillover spaces. Parkland Dedication: The Park & Recreation Department recommends that dedication requirements be satisfied via deferred land dedication. General Development Plan: This property is included in the approved Graves Property/Summit Pointe General Development Plan. Preliminary Plat: A preliminary plat was approved for this property in April 2000 with the following six conditions/modifications: 1. The Preliminary Plat shall be revised as follows: • The drainage easement located within Outlot C shall be reconfigured to include the storm sewer outlet and to cover the entire delineated Wetland; • The east -west roadway located between 47"' Ave. NW and White Pine Drive, and the throat of the adjoining cul-de-sac, shall be widened to a 56'right-of-way; • Roadway names shall be modified per the memo from the Planning Department addressing staff dated September 21, 2000; 2. A temporary turn around shall be provided at the northwesterly end of White Pine Drive NW. Prior to recording the final plat documents, an easement for the turn around shall be executed with the City. Page 3 July 12, 2001 3. After final plat approval, and recording, Outlot C shall be dedicated to the City. 4. A permanent turn around shall be constructed at the north end of 45In Ave. NW, at the applicantlowner's expense. 5. Parkland dedication for this subdivision shall be met via deferred land dedication, per the attached memo from Rochester Park and Recreation dated August 22, 2000. Staff Recommendation: The Planning Staff has reviewed this final plat in accordance with the Rochester Zoning Ordinance and Land Development Manual, and would recommend approval subject to the following conditions or modifications: 1. Prior to recording the final plat documents (mylars), the applicant shall: a) Execute along term Ownership and Maintenance Agreement for Outlot A, and for the proposed landscape islands that are proposed within the cul-de-sac bulbs. This agreement must be approved by and filed with the City (Rochester Public Works). b) Execute easements required at the northwesterly extend of White Pine Drive NW for a temporary turn -around. Concurrent with construction of improvements, the applicant shall construct the temporary turn -around at this location. 2. Outlot "B"shall be dedicated to the City. 3. Parkland dedication for this plat shall be me via deferred land dedication per the attached memo from Rochester Park and Recreation dated July 5, 2001. Dedication for park purposes shall occur when the park area is accessed via a roadway or the Park Department wished to begin development of the park. 4. The applicant shall construct a permanent turn -around at the north end of 45gh Ave. NW, at the Owner's expense. Igd ' Page 2 July 12, 2001 Proposed Development: This development consists of 26.39 acres to be subdivided into 44 lots for single family residential development and two Outlots. Streets: The plat dedicates proposes to dedicate the right-of- way for four public roadways. These roadways include the northerly extension of White Pine Drive NW and 47'h Ave. NW as well as two cul-de-sacs. Utilities: Utilities are available within the North Park and White Oaks developments to serve this Plat. Sidewalks: In accordance with current City policy, sidewalk is required along the both sides of the roadways within the Plat. Drainage: Grading and drainage plans have been approved for this development. Wetlands: This plan does include delineated wetlands. A wetland related application has been approved by the City. This plan incorporates the approved wetland plan. Spillover Parking: The spillover parking requirements for this development would be 53 parking spaces. The proposed roadways should be adequate to accommodate the required spillover spaces. Parkland Dedication: The Park & Recreation Department recommends that dedication requirements be satisfied via deferred land dedication. General Development Plan: This property is included in the approved Graves Property/Summit Pointe General Development Plan. Preliminary Plat: A preliminary plat was approved for this property in April 2000 with the following six conditions/modifications: 1. The Preliminary Plat shall be revised as follows: • The drainage easement located within Outlot C shall be reconfigured to include the storm sewer outlet and to cover the entire delineated Welland; • The east -west roadway located between 47 ° Ave. NW and White Pine Drive, and the throat of the adjoining cul-de-sac, shall be widened to a 56'right-of-way; • Roadway names shall be modified per the memo from the Planning Department addressing staff dated September 21, 2000; 2. A temporary turn around shall be provided at the northwesterly end of White Pine Drive NW Prior to recording the final plat documents, an easement for the turn around shall be executed with the City. ROCHESTER PARK AND AREATION DEPARTM T / 201 FOURTH STREET SE ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: July 5, 2001 TO: Jennifer Garness Planning RE: Final Plat #00-38 Summit Pointe 2"d Acreage of plat.......................................................... 26.39 a Number of dwelling units ............................................. 44 units Dwelling unit density ................................................... 1.67 units/a Densityfactor............................................................ .0244 Dedication............................................................... 1.07 acres Fair market value of land ............................................. NA The Park and Recreation Department recommends that dedication requirements be met via: Deferred land dedication with dedication to be met with a combination of the dedication of designated park areas located north of this plat and the grading and installation of the trail to be located on eastern side of Outlot B. The Park Department had previously agreed to extend dedication credits for the trail corridor if the applicant grades and installs the bituminous trail. Deferred land dedication should occur when the park area shown on the GDP is accessed via public street or the Park Department wishes to begin development of the park. Applicant: Arcon Development 7625 Metro Bvld Suite 350 Edina MN 55439 0:\DSTOTZ\2001\DEDICATION\NW 2898\SUMMIT POINTE 2ND.DOC In J ROCHESTER /i'/innedota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DATE: 7/10/01 DEPARTMENT OF PUBLIC WORKS 2010 Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the application for Final Plat 400-38 on the Summit Pointe Second Subdivision. The following are Public Works comments on the proposal: 1. A Development Agreement has been executed for this property. 2. A temporary tum-around, and associated easement is required at the northwesterly extent of White Pine Dr NW. 3. The Owner/Developer is required to execute a long-term Ownership & Maintenance Agreement for Outlot A, and for the proposed landscape islands that are proposed within the cul-de-sac bulbs. 4. Outlot 'B' is to be dedicated to the City. — — 5. A permanent tum-around should be constructed at the north end of 45tb Ave NW, at the Owner's expense. 6. A City -Owner Contract has been prepared for this project and executed by the Owner and Contractor. The Contract request will be scheduled for Council consideration at their 7/16/01 meeting. 43 Charges/fees applicable to the development of this property are addressed in the executed Development Agreement and City -Owner Contract for this proposed development. C:ltemp1FP00-38 Summit Pointe 2nd Subd.doc IB WETLAND COMMENTS FOR DEVELOPMENT APPLICATIONS Application Number: �L+ #ya-IE, C,-k z No hydric soils exist on the site based on the Soil Survey Hydric soils exist on the site according to the Soil Survey. The property owner is responsible for identifying wetlands on the property and submitting the information as part of this application. A wetland delineation has been carried out for the property and is on file with the Planning Department A wetland delineation is on file with the Planning Department and a No - loss, Exemption, or Replacement Plan has been submitted to the Planning partment. VZ'A wetland related application has been approved by the City. This plan incorporates the approved wetland plan. No hydric soils exist on the property based on the Soil Survey. However, due to the location in the landscape the property owner should examine the site for wetlands. The property owner is responsible for identifying wetlands. Other or Explanation From John Har£ord Wetlands LGU Representative REQUEST FOR COUNCIL ACTION MEETING 7-16-01 AGENDA PUBLIC HEARING ' _ ERITWO „�.A DESCRIPTION: Final Plat #01-25 to be known as Spruce Meadows Second July 12, 2001 Staff Recommendation: ITEM NO. 40c�-6 PREPARED BY: Mitzi A. Baker, Senior Planner The Planning Staff has reviewed the submitted final plat and recommends approval subject to the following conditions or modifications: 1. Parkland dedication for this plat shall be me via cash in lieu of land in the amount of $1,275 per the attached memo from Rochester Park and Recreation dated June 27, 2001. 2 Concurrent with basic construction for this project, the applicant shall construct a 10 foot bituminous pedestrian path on Outlot A. Outlot A shall be dedicated to the City. Council Action Needed: 1. If the Council wishes to proceed a resolution approving the plat can be adopted. Distribution: 1. City Clerk 2. City Attorney 3. Planning Department File 4. Planning Department GIS Division 5. Yaggy Colby Associates 6. Applicant: This item will be considered sometime after 7:00 p.m. on Monday July 16, 2001, Chambers at the Government Center, 151 4th Street SE. COUNCIL ACTION: Modon by: second by: in the Council/Board LOCATION Of IMPROVEMENT -ATION MAP ROCHESTER, MN ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 ��a►_ �AaaecFA COUNTY OF www.olmstedcounty.com/planning TO: City Planning and Zoning Commission FROM: Mitzi A. Baker, Senior Planner DATE: July 12, 2001 RE: Final Plat #01-25 by Arnold Bomgaars to be known as Spruce Meadows Second Subdivision. The plat proposes to subdivide approximately 4.35 acres into 7 lots for development and one outlot. The property is located along the east side of 11th Avenue SE (Co. Rd. 1) and north of the future alignment of 20th Street SE. Planninv Department Review: Applicant/Owner: Arnold Bomgaars 1530 Greenview Drive SW Rochester, MN 55902 Surveyors/Engineers: Yaggy Colby Associates 717 3rd Avenue SE Rochester. MN 55904 Report Attachments: 1. Copy of Final Plat 2. Referral Comments Development Review: Location of Property: The property is located along the east side of 11N Avenue SE (Co. Rd 1), north of the future alignment of 20`h Street SE and west of Bear Creek. Zoning: The property is currently zoned R-1 (Mixed Single Family) district and B-5 (Residential Commercial) district on the City of Rochester Zoning Map. Proposed Development: This development consists of 4.35 acres of land to be subdivided into 6 lots for single family development and 1 lot for residential commercial uses. Streets: The plat dedicates proposes to dedicate the right-of- way for one roadway, a cul-de-sac. BUILDING CODE 507/285-8213 - GIS/ADDRESSING/MAPPING 507/285-8232 - HOUSING/HRA 5071285-8224 o.� PLANNING/ZONING 5071285-8232 - WELL/SEPTIc 507/285-8345 ��FAX 507/287-2275 -6 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 July 12, 2001 Utilities: Utilities are available. Sidewalks: In accordance with current City policy Pedestrian Facilities are required for this development. Outlot A shall be dedicated to the City and the developer shall construct the 10 foot bituminous pedestrian path on Outlot A, concurrent with construction of this project. Drainage: Grading and drainage plans have been approved for this development. Wetlands: Minnesota Statutes now requires that all developments be reviewed for the presence of wetlands or hydric soils. The original grading plan was approved in 1993. At that time, the site was studied for wetlands and no wetlands were found except for an area at the outlet of the storm sewer which was exempt. Spillover Parking: The spillover parking requirements for this development would be 7 parking spaces for the residential lots. Roadways and driveways should be adequate to accommodate the required spillover spaces. Parking requirements for Lot 6, Block 1 will be determined at the time of development. That lot is zoned B-5 (Residential Commercial). Parkland Dedication: General Development Plan: Preliminary Plat: The Park & Recreation Department recommends that dedication requirements be satisfied via cash in lieu of land. This property is included in the approved Spruce Meadows General Development Plan. A preliminary plat was approved for this property in April 2000 with the following six conditions/modifications: 1. The Plat shall be revised: a. Changing the extension of the roadway to "Spruce Meadows Lane SE". 2. Dedication of parkland be met via cash in lieu of land, as indicated in the memo from the City Park and Recreation Department, dated November 27, 2000. 3. Oudot A shall be dedicated to the City and construction of the 10 foot bituminous pedestrian path on Outlot A shall be concurrent with the construction of this project. 4. Stormwater Management must provided for this development. Page 3 July 12, 2001 5. The Developer shall enter into a Development Agreement with the City of Rochester that outlines the obligations of the applicant relating, but not limited to; storm water management; park dedication; traffic improvements; pedestrian facilities; contributions for public infrastructure. 6. The Developer shalt address the looping of the 8" water main and installation of agate and valve box as described in the memo from the Rochester Public Utilities - Water Division, dated November 21, 2000. Staff Recommendation: The Planning Staff has reviewed this final plat in accordance with the Rochester Zoning Ordinance and Land Development Manual, and would recommend approval subject to the following conditions or modifications: 1. Parkland dedication for this plat shall be me via cash in lieu of land in the amount of $1,275 per the attached memo from Rochester Park and Recreation dated June 27, 2001. 2. Concurrent with basic construction for this project, the applicant shalt construct a 10 foot bituminous pedestrian path on Outlot A. Outlot A shall be dedicated to the City. REMINDER TO APPLICANT. Parkland dedication fees must be paid prior to recording final plat documents (mylars). EW O UO I W V I O LU V) V) O 0 Cw L V CL V) 6pill i�Si iIf �i{jr t=}9 dN� 6Z9�r \ fE 91 3 I I � � nr vA I ^A%Je K .. I rf 9 N )n q t\ Y96 eos nevrw aw M n 941 .0.91., CN O� _ Y$� N O I � vWi z I 0n j W > � I p O .91,91.Y9L lYYd TI lA3 I p. p iz _ I II I I f r / ROCHESTER PARK AND CREATION DEPARTMENT 201 FOURTH STREET SE ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: June 27, 2001 TO: Jennifer Garness Planning RE: Final Plat #01-25 Spruce Meadows 2nd Acreage of plat.......................................................... 4.35 a Number of dwelling units ............................................. 6units Density factor............................................................ .0244 Dedication............................................................... .15 acres Fair market value of land ............................................. $8,500/a The Park and Recreation Department recommends that dedication requirements be met via: Cash in lieu of land in the amount of $1,275 with payment due prior to recordation of the final plat. Applicant Arnie Bomgaars 1530 Greenview Drive SW (Ja_ ROCHESTER Winneaota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DATE: 7/9/01 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 #01-25 (had been PP#00-48) on the Spruce Meadows Second Subdivision. The following are Public Works comments on the proposal: 1. A Development Agreement has been executed for this subdivision. 2. Grading & Drainage Plans have been approved subject to the property participating in the City's Storm Water Management Plan. 3. Outlot A should be dedicated to the City. The developer is required to construct the 10 foot bituminous pedestrian path on Outlot A, concurrent with basic construction for this project. 4. A City / Owner Contract must be executed prior to development of this property to address the construction of all public infrastructure and utilities to serve this subdivision. Charges/fees applicable for the development of the property are addressed in the Development Agreement, and include (rates are adjusted August 1" each year, and are only valid through 7/31/01): •: Sewer Availability Charge (SAC) @ $1653.67 per developable acre. Water Availability Charge (WAC) @ $1653.67 per developable acre. B• Stormwater Management Fee for participation in the City's Regional Stormwater Plan (Note: Charges for the residential portion of this development will be included in the City -Owner Contract for this subdivision, while the charges for the commercial parcel (Lot 6, Block 1) will be calculated at the time of development review, and will be payable prior to development. Proportional Share of Infrastructure Charges Associated with 200, St SE Traffic Signs, as determined by the City Traffic Division C:\temp\FP01-25 Spruce Meadows 2nd Subd.doc 1�3 Rochester -Olmsted Planning Department GIS/Addressing Division 2122 Campus Drive SE Rochester, MN 55904-4744 Phone: (507) 285-8232 Fax: (507) 287-2275 PLAT REFERRAL RESPONSE DATE: June 27, 2001 TO: Jennifer Garness FROM: Planning Dept. Addressing Staff RE: SPRUCE MEADOWS SECOND A review of the final plat has turned up the following ADDRESS or ROADWAY related issues: 1. Upon review of SPRUCE MEADOWS SECOND the GIS / Addressing staff has found no issues to bring forth at this time, however please be aware that when this plat is recorded an RCA will be initiated to change the roadway type in SPRUCE MEADOWS from DRIVE to LANE. REQUEST FOR COUNCIL ACTION MEETING I9S ' DATE: 07-16-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. 3LIC HEARINGS PLANNING � - q it ctJl DESCRIPTION: Annexation by Ordinance Petition #01-13 by Schaffenberger, Cassidy PREPARED BY: and Fogarty to annex 19.05 acres of land located north of the Emerald Hills Development Brent Svenby, and south of 481h Street NE (County Road 124) in the North Half of the Northwest Quarter of Planner the Northeast Quarter of Section 19, Haverhill Township. July 9, 2001 City Planning and Zoning 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. Rivas moved to recommend approval of Annexation Petition #01.13 by Schaffenberger, Cassidy and Fogarty. Mr. Quinn 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 $2.20. 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. Attachments tN " 1. Staff report, dated June 20, 2001. 2. Minutes of the June 27, 2001, CPZC meeting Distribution: 1. City Administrator 2. City Clerk 3. City Attorney: Legal Description Attached 4. City Finance Director: Tax Information Attached 5. Planning Department File 6. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, July 15, 2001 in the Council Chambers at the Rochester / Olmsted County Government Center. 7. Yaggy Colby Associates COUNCIL ACTION: Motion by: second by: to: I • i t p - � � A•�s �St S� A- /y tysl �+FO CASSIDY PROPERTY ROCHESTER. MINNESOTA ANN TION MAP w ROCHESTER-OLMSTED PLANNING DEPA.,.MENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 �`,• COUNTY or www.olmstedcounty.com/planning �„'•, TO: City Planning and Zoning Commission FROM: Brent Svenby, Planner 0- DATE: June 20, 2001 RE: Annexation Petition #01-13 by Schaffenberger, Cassidy and Fogarty to annex 19.05 acres of land located north of the Emerald Hills Development and south of 48th Street NE (County Road 124) in the North Half of the Northwest Quarter of the Northeast Quarter of Section 19, Haverhill Township. Planninq Department Review: Applicants/Owners: Kathleen and John Schaffenberger Dorothy and Ralph Fogarty Eugene and Joanne Cassidy 3322 Oxford Lane NW Rochester, MN 55901 Location of Property: The property is located north of the Emerald Hills Development and south of 48" Street NW (County Road 124). Existing Land Use: This property is currently undeveloped land. Size: The property proposed for annexation is approximately 19.05 acres of unpiatted land. Existing Zoning: The property is zoned A-3 (Agricultural) District on the Olmsted County zoning map. Future Zoning: Upon annexation, the property will be zoned R-1 (Mixed Single Family Residential) district on the Rochester zoning map. Land Use Plan: This property is designated for "low density residential" uses on the Rochester Urban Service Area Land Use Plan. Adjacency to the Municipal The property is adjacent to the city limits along its southern Limits: boundary. BUILDING CODE 507/285-8213 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 507/285-8224 - .." PLANNING20NING 507/285-8232 • WELL/SEPTIC 507/285-8345 FAX 507/287-2275 Mn.N. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 Annexation#01-13SCF June 21, 2001 Sewer & Water: The westerly portion of this area is within the Northeast High Level Water System and the easterly portion is within the Main Level Water system, which is not currently available (with proper setup, this area may be temporarily served from the high level system, if need be). The property is planned to be served by municipal sanitary sewer from the north. The timing Utilities: for municipal sewer service extension, in part, Is dependent on development occurring adjacent to this property. 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 16, 2001. The City Clerk has sent the certified 30 day notice. Referral Comments: 1. Rochester Public Utilities - Water Division 2. Rochester Public Works Department 3. Olmsted County Environmental Resource Services Report Attachments: 1. Annexation I Location Map 2. Location Map 3. Referral Comments (3 letters) Staff Recommendation: This property is adjacent to the City limits and can be served by city services upon extension of the sanitary sewer and water lines as development occurs on the adjacent property. 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' rpu we pledge, ve delGver June 13, 2001 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 • «9 11 REFERENCE: Annexation Petition 901-13 by Scaffenberger, Cassidy and Fogarty to annex 19.05 acres of land located north of Emerald Hills and south of 48`h St. NE in the W %z of the NE %., Section 19, Haverhill Township. Dear Ms. Gamess: Our review of the referenced petition is complete and our comments follow: 1. The westerly portion of this area is within the Northeast High Level Water System with pressures ranging from the upper 80's PSI to over 95 PSI (approximately 95 PSI at Elev. 1135). In the areas over 95 PSI we would recommend that either the builder install pressure - reducing devices within each house or if the area is large enough a system pressure reducing station in the street could be installed by the developer. The easterly portion of the property (below approximate elevation 1080) is within the Main Level Water System, which is not currently available (with the proper setup, this area may be temporarily served from the high level system if need be). 2. Networking this area with adjacent properties is extremely important and we will work with the applicant's engineering firm to develop the necessary water system layout. Please contact us at 507-280-1600 if you have questions. Very truly yours, 06-OA P 14-1 Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Eugene Cassidy Yaggy Colby Associates Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 M ROCHESTER /V/innedota 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 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 Annexation #01-13 on the Scaffenberaer, Cassidy & Fogarty (NE 1/4 . Sect 19, Haverhill) property. The following are Public Works comments on the proposal: This property is planned to be served by municipal sanitary sewer from the north. The timing for municipal sewer service extension, in part, is dependant on development occurring adjacent to this property. CMempy+NNX01-13 Scaffenberger etal Sect 19 Haverhill.doc Date: June 11, 2001 To: Jennifer Garness From: Terry Lee RE: Annexation Petition #01-13 by Scaffenberger General DEVELOPMENT Plan Review Decorah Edue Groundwater Recharge Area : Is present within the south western part of the parcel ( please see attached map). This assessment is based on information using the Olmsted County Geological Atlas, well log data and bedrock mapping using ArcView coverages of the two -foot contour lines. The Decorah edge setting is estimated to be between I I32feet to 1170 feet in elevation on the site. More accurate geologic information regarding the elevation of the Decorah edge may available from borings completed on or near the site. General development recommendations for the Decorah Edge setting should be considered for this site. For more information or further assistance, please call 285-8982 ao� T c5 o a)W.SM-50(D E E w v 0 0 CLca 0 u FL t7 in co (1) U) ZF E:- 0 w z (D ci Fl Ci 0 a fl- Page 2 City Planning and Zoning Conunission Minutes Hearing Date: June 27, 2001 a&S 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. Rivas, moved to recommend approval of Annexati6f� Ntitiorr#0� 13 6y r Scaffenberger, Cassidy and Fogarty Mr Quinn, seconded theino��on 4The'moti rt' carried 9 0._" PUBLIC HEARINGS: Mr. Svenby p ented the staff report, dated June 22, 2001, to the report is on file Jqlhe Rochester -Olmsted Planning Department. Mr. Svenby explaineO,4the applicant submitted a revised ge Rochester -Olmsted I la 'ng Department on June 27, 2001. T could be stricken from the ff recommendation. 10 Mr. Svenby explained that the a licant's repres addressing the general developmdqplan and pi suggested language with regard to CbQdition 4b stated that it was not clear from the Cit ouncil waived in the preliminary plat stage. The ore, awaiting a copy of the tape of the meeting. requirement on the GDP and that it would be -W. StaVer askedii tfi-e comments made b�( Public listed in the staff recommendation. 5 The staff development plan to the )re, Conditions 4a and 4c ative, i I Tointon, handed out a letter nin plat. He stated that Mr. Tointon h gard to the pedestrian connection. He FFUtes if the pedestrian facility outlot was indicated he contacted the City Clerk and is Bested that the Commission leave the ad prior to the Council meeting. should be included in the conditions Mr. Svenby responded that the conjlftions were covered in tTk Hart Farms preliminary plat. The applicant's representative, JCl Tointon of McGhie and Betts, dressed the Commission. He explained that the amend nt's purpose was to serve Hart Far which Merle Groteboer is developing) with sanitary seyrer and storm sewer. He explained the a ntages to both the applicant and adjacent dev oper. Mr. Tointon stated that JKe applicant agrees with the listed conditions. He furl r stated that they are already provi ng the pedestrian facilities easement on the plan. There e, he suggested that the sjfcond sentence in Condition number 1 be stricken. REQUEST FOR COUNCIL ACTION MEETING ad 5 � DATE: 7/16/2001 ►\ AGENDA SECTION: ORIGINATING DEPT: ITEM NO. OLUTIONS AND ORDINANCES CITY ATTORNEY'S OFFICE G ITEM DESCRIPTION: PREPARED BY: RESOLUTIONS AND ORDINANCES TERRY ADKINS G. 1. RESOLUTIONS G. 2. FIRST READING OF ORDINANCES, as appropriate. G. 3. SECOND READING OF ORDINANCES (for adoption). a) An Ordinance Creating and Enacting Chapter 64F and Amending and Reenacting Section 60.327 of the Rochester Code of Ordinances Relating to the Establishment of the Historic Campus Special District. b) An Ordinance Creating and Enacting Section 13.45 of the Rochester Code of Ordinances, Relating to the Use of City Property. c) An Ordinance Rezoning Certain Property in Sections 10, 11, 14, 15, 16 and 23 of the Rochester Township Recently Annexed to the City of Rochester from the H District to the R-Sa, R-1 and B-4 Districts, and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota. dAn Ordinance Rezoning Certain Property in Sections 15 and 16 of the Rochester Township Recently Annexed to the City of Rochester from the H District to the R-1 District, and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota. G.4. MISCELLANEOUS COUNCIL ACTION: Motionby: second by: to: