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HomeMy WebLinkAbout08/06/2001_RegularCITY OF ROCHESTER AGENDACOUNCIL COUNCIILIBOA DCHAMBERS l U 0 GOVERNMENT CENTER 151 4T" STREET SE MEETING NO. 16 REGULAR PAGE (1-2) A) OPEN COMMENT PERIOD B) CALL TO ORDER C) LETTERS AND PETITIONS (3-4) 1) Petition to Extend Enterprise Road AUGUST 6, 2001 7:00 P.M. (5-6) D) CONSENT AGENDA/ORGANIZATIONAL BUSINESS 1) Approval of Minutes (7-8) 2) Skyway Repainting (9-10) 3) Bids for New Seating & Signage for Terminal Building Expansion (11-12) 4) FBO Lease Agreement (13-14) 5) Request to Set Public Hearing for Charter Amendments by Ordinance/RPU Budgeting Process (15-18) 6) Licenses, Bonds & Miscellaneous Activities (19-20) 7) Approval of Public Transportation Franchise to Arab Community Services (21-22) 8) Approval of Accounts Payable (23-24) 9) Approve Resolution Initiating the Process for the Sale of the City's General Obligation Revenue Refunding Bonds, Series 2001A (25-26) 10) Group Health Insurance Renewal (27-28) 11) LMCIT Liability Waiver Form (29-32) 12) Resolution Authorizing Statewide Mutual Aid (33-38) 13) Olmsted County Fire Department Mutual Aid Agreement (39-40) 14) Swing Street Jazz Ensemble Performance Contract (41-42) 15) Donation of In -Car Video System (43-50) 16) Orderly Annexation Petition by Donald and Carl Krahn to Annex Approx. 2.31 Acres Along Knollwood Drive SE (51-52) 17) Amendment to Resolution #270-82 Vacating a Drainage Easement on Lots 1-6, Block 2, The 12 Seas Subdivision (53-64) 18) Consideration of Public Utility Board Action Council Agenda August 6, 2001 Page 2 (65-66) 19) (67-68) 20) (69-70) 21) (71-72) 22) (73-74) 23) (75-76) 24) (77-78) 25) (79-80) 26) (81-82) 27) (83-88) 28) (89-90) 29) (91-92) 30) (93-94) 31) (95-96) 32) (97-98) 33) (99-100) 34) (101-102) 35) (103-104) 36) (105-106) 37) (107-108) 38) E) HEARINGS Assessment Agreements/Wi Street NW from 19t' Avenue NW to Valley High Drive NW Development Agreement/First Alliance Credit Union Development Agreement/People of Hope Church Owner Contract/Watermain Relocation at Mayo High School Owner Contract/Basic Construction in North Park Eleventh Owner Contract/Watermain & Hydrant to Serve the Longfellow Elementary School Building Addition Owner Contract/Watermain Relocation & Hydrant to Serve the RCTC Horticulture Building Addition Owner Contract/Watermain & Hydrant to Serve Lot 1, Block 2, Northview First Subdivision/Soderberg Building Stormwater Management Agreement Advertise for Bids/Sanitary Sewer Extension to Serve the Hart Farm Property Professional Engineering Services/Design of Bandel Road NW from 65t' Street NW to 55t' Street NW Reject Bids/Sanitary Sewer & Watermain to Serve Crocus Hills Area Request to Advertise Bids/Public Improvements to Serve Lots 23-32, Block 2, Sunnydale Subdivision Advertise for Bids/Sidewalk Replacement in Southwest Rochester Award of Contract/Concrete Curb & Gutter and Overlay in 20t' Street NW from 13'h Avenue NW to Valkyrie Drive NW Award of Contract/Curb, Gutter & Overlay on Green View Drive SW, Green View Place SW & Green Field Lane SW Advertise for Bids/Reconstruction of North Plant Road for Waste Reclamation Plant Parking Restriction Requested on 8t' Street SW/900 Block Parking Restriction Requested on Clearwater Road NW/5500 Block Bids for Administration Building HVAC Upgrade at WRP (109-110) 1) Giving Preliminary Approval to Issuance of Tax Exempt Health Care Facility Revenue Bonds on Behalf of Mayo Foundation (111-120) 2) Final Plat to be Known as Fox Hill Subdivision (121-128) 3) Final Plat to be Known as RC Properties Subdivision (129-144) 4) Amendment to General Development Plan Known as Southern Woods by Southern Woods Development LLC/Modify Type of Development Proposed in Southern Portion of GDP Council Agenda August 6, 2001 Page 3 (145-154) 5) Zoning District Amendment by Southern Woods Development LLC to Amend Zoning Map to Rezone 10.37 Acres from AG District to RAX District/South of 48t" Street SW and Southern Woods 3 d Addition & East of 11 m Avenue SW (155-168) 6) Type III, Phase III, Conditional Use Permit by City of Rochester Park & Recreation to Allow Placement of Fill & Construction in Floodway (169-172) 7) Utility Easement Vacation Petition by Lee, Galuska, Ketchum, Renn, Richards, Brevig, Fox, Will, Junge, Voldal & RitterNacate NW Bell Easement which is Approx. 20' x 927' on Lots 10-22, Block 3, Manor Woods O' Subdivision (173-180) 8) Annexation Petition by Forbrook-Bigelow Development to Annex Approx. 9.91 Acres South of 7t' Street NW and West of Manor Ridge Drive NW (181-190) 9) Zoning Ordinance Text Amendment to Section 65.510(5) Termination of Non -Conforming Signs (191-192) 10) Permit Parking Petition from 15t Street NW/1100 Block F) REPORTS AND RECOMMENDATIONS (193-194) G) RESOLUTIONS AND ORDINANCES H) TABLED ITEMS 1) OTHER BUSINESS J) ADJOURNMENT REQUEST FOR COUNCIL ACTION MEETING r DATE: 8/6/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. OPEN COMMENT PERIOD CITY ADMINISTRATOR A A 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. 'NCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING 3 / DATE: 8/6/01 07/18 . WED 07:55 FAX 612 57. 0805 cR HURNU FDN Icuuz RIVER RWGE DEVELOPMENT LLC. 1700 VALENTINE AVE. ARDEN HILLS MN. 55112 PiiONE (G 12) 282-2743 FAX (763) 574-1713 To: Ktd Baker, Planning Department City of Rochester From: Larry Pebblcs River Ridge Development, LLC Date: July is, 2001 Re: Willow Ridge— EnterpriseEVrizsion Dear Ms. Baker, Afmr our visit yesterday and per our conversation my firm, the developers on ibc 131 acre parcel known as Willow Ridge, would request that you submit for review before the City Council the proposal to cxtnd Enterprise Road from the western boundaries of our property to 1801 Street in order to fabilitate the requisite multiple access routes which would enable us to proceed with our GDP, rezoning and development agrc=mt with the City of Rochester. It is our belief and your position that until this road access is resolved and an EAw is peifornned, we can not adequately satisfy certain justified concerns raised by the staff and Planning Commission over our development proposal. ATotwithstandM& we continue to believe ours is a viable project and merits further pursuit with your support and our cooperation. Please let us know if there is anything farther we should do to resolve this 10 Street connection issue. We will be in touch with Chailie and Richard next week to discuss the various potential road extension options. Looking forward to working together with you and your staff on our project River Ridge Development cc: Brian Sullivan, RLK ICusisto REQUEST FOR COUNCIL ACTION MEETING DATE: 8/6/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY ADMINISTRATOR D-1-38 VI DESCRIPTION: PREPARED BY: APPROVAL OF CONSENT AGENDA ITEMS T. SPAETH 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. Skyway Repainting D-3. Bids for New Seating & Signage for Terminal Building Expansion D-4. FBO Lease Agreement D-5. Request to Set Public Hearing for Charter Amendments by Ordinance/RPU Budgeting Process D-6. Licenses, Bonds & Miscellaneous Activities D-7. Approval of Public Transportation Franchise to Arab Community Services D-8. Approval of Accounts Payable D-9. Approve Resolution Initiating the Process for the Sale of the City's General Obligation Revenue Refunding Bonds, Series 2001A D-10. Group Health Insurance Renewal D-11. LMCIT Liability Waiver Form _ D-12. Resolution Authorizing Statewide Mutual Aid D-13. Olmsted County Fire Department Mutual Aid Agreement — D-14. Swing Street Jazz Ensemble Performance Contract D-15. Donation of In -Car Video System D-16, Orderly Annexation Petition by Donald and Carl Krahn to Annex Approx. 2.31 Acres Along Knollwood Drive SE D-17. Amendment to Resolution #270-82 Vacating a Drainage Easement on Lots 1-6, Block 2, The 12 Seas Subdivision D-18. Consideration of Public Utility Board Action D-19. Assessment Agreements/19a' Street NW from 19t' Avenue NW to Valley High Drive NW D-20. Development Agreement/First Alliance Credit Union D-21. Development Agreement/People of Hope Church D-22. Owner Contract/Watermain Relocation at Mayo High School D-23. Owner Contract/Basic Construction in North Park Eleventh D-24. Owner Contract/Watermain & Hydrant to Serve the Longfellow Elementary School Building Addition D-25. Owner Contract/Watermain Relocation & Hydrant to Serve the RCTC Horticulture Building Addition D-26. Owner Contract/Watermain & Hydrant to Serve Lot 1, Block 2, Northview First Subdivision/Soderberg Building D-27. Stormwater Management Agreement INCILACTION: Motfanhy: second by: to: r X Request for Council Action Approval of Consent Agenda Items August 6, 2001 Page 2 D-28. Advertise for Bids/Sanitary Sewer Extension to Serve the Hart Farm Property D-29. Professional Engineering Services/Design of Bandel Road NW from 65 Street NW to 55t Street NW D-30. Reject Bids/Sanitary Sewer & Watermain to Serve Crocus Hills Area D-31. Request to Advertise Bids/Public Improvements to Serve Lots 23-32, Block 2, Sunnydale Subdivision D-32. Advertise for Bids/Sidewalk Replacement in Southwest Rochester D-33. Award of Contract/Concrete Curb & Gutter and Overlay in 200' Street NW from 13a' Avenue NW to Valkyrie Drive NW D-34. Award of Contract/Curb, Gutter & Overlay on Green View Drive SW, Green View Place SW & Green Field Lane SW D-35. Advertise for Bids/Reconstruction of North Plant Road for Waste Reclamation Plant D-36. Parking Restriction Requested on 8'' Street SW/900 Block D-37. Parking Restriction Requested on Clearwater Road NW/5500 Block D-38. Bids for Administration Building HVAC Upgrade at WRP COUNCIL ACTION REQUESTED: Motion to approve consent agenda items. REQUEST FOR COUNCIL ACTION MEETING DATE: 8/6/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA i CITY ADMINISTRATOR D oZ q DESCRIPTION: SKYWAY REPAINTING PREPARED BY: D. KNOt On June 18d' the Council approved entering into a contract with HGA for plans and specifications for the repainting of a number of the downtown skyway bridges. The plans and specifications are complete and staff is seeking authorization to solicit bids. At this time, we will proceed only with bids for the repainting of the 2"4 Street SW bridge (U.S. Bank Building to the 201 Building). The bridge will be sandblasted to bare metal and repainted with a system that should have a 20-year life. At the same time, we will install additional pigeon proofing and recaulk the connections to the adjacent buildings. The preliminary estimate for the cost of the project is $60,000 to $65,000. The City, BGD5 and Mayo will share the expense using the same cost -sharing ratio as was used for the initial construction The City's share of the cost will come from funds remaining from the downtown development district. The remaining bridges will be bid this winter for painting this spring. COUNCIL ACTION REQUESTED: Authorization to solicit bids for the repainting of the 2"d Street SW skyway bridge with the City Clerk to prepare the bid advertisements. L _ _NCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 8/6/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Rochester International Airport ✓ - 3 M DESCRIPTION: Bids for new seating and signage for terminal building expansion. PREPARED BY: Steven W. Legve The Rochester Airport Commission recommends and requests Council authorization to: 1. Accept the bid from William J. Office Furniture & Interiors for new seating at gates 3-4 of the terminal expansion. Bid $30,693.27 Funding: 90% Federal 10% Local 2. Accept the bid from Rochester Sign Service for new exterior signage on the terminal building. Bid $12,318.00 Funding: 90% Federal 10% Local Bid quotations attached. COUNCIL ACTION REQUESTED: Resolution authorizing the Mayor and the City Clerk to execute contracts with William J. Office Furniture & Interiors and Rochester Sign Service. JNCILACTION: motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 8/6/01 ' AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Rochester International Airport _ q M DESCRIPTION: FBO Lease Agreement PREPARED BY: Steven W. Legve The Rochester Airport Commission recommends and requests Council authorization to: Execute the FBO Amendment with Rochester Aviation to extend the agreement for 12 years to 2031. The FBO will rent from the Airport the new arrival/departure building and will construct a new hangar facility 20,000 sq. ft. at an agreed location. Rochester Aviation will return a portion of leased ground to the Airport for future development. Highlights of FBO extension attached. COUNCIL ACTION REQUESTED: Resolution authorizing the Mayor, the City Clerk and the Rochester Airport Company to execute the agreement upon review by the City Attorney. JNCIL ACTION: Motionby: Second by: to: J FUGHi1GHTS OF FHO LEASE EXTENSION AOREElv� Rochester Airport Commission July 26, 2001 1) )Landlord L==ementa. New ArtivaL/Depnrture Building 2) Rent Increase. $5,664.00 per month upon completion and occupancy of Arrival/Departure Building 3) Tenant Improvemenb. Ncw Hangar Facility (appmdmatrly 1.2 million) on mutually agreed location 4) Term — Extend 12 years to December 31, 2031 — New Hangar Facility lease continues additional 10 years to December 31, 2041, unless Lessor elccts to tcrmirude by buying New Hangar Facility at its then fair market value. 5) Premises_ Lessee returns a portion of leased apace to Lessor for Lasser's use (e.g. hangar) n REQUEST FOR COUNCIL ACTION MEETING DATE: 8/6/01 f AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda CHARTER COWMISSION D _ 9 N DESCRIPTION: Request to set public hearing for charter amendments by ordinance — PREPARED BY: ..� J budgeting process. Charter Commission The Charter Commission, upon the request of Rochester Public Utilities, proposes that the City Council amend Sections 15.07 and 15.09 of the Rochester Home Rule Charter. These subdivisions relate to the budgeting and contract approval processes at RPU. The proposed changes are as follows: SECTION 15.07. Contracts). Subdivision 1. The R public U utility € board in , in its sole discretion and as it deems necessary, may perform the following actions: (A) subject to Subd. 2, may acquire such real and personal property, or any interest therein; and raay (B) enter into such any contracts as iE—d08ITIS necessary; so long as the board's approved annual budget contains an appropriation to pay the contract amount, and (c) enter into any contract when the board's approved annual budget does not contain an appropriation to pay the contract amount so long as the contract amount is less than $100,000.00. letting of any job OF Work OF the autheFizing of any iRVGIVing in GOAtFaGt eF puFGhase an eXpeRditWice 8)(GeSS of $30,009.00, eveFy for the sale OF In and pmvisien PUFGhase of real aF peF69Ral PFOPeFty Bf a Value excess of $30,000.00, the fixing of any Gffi%�S sa!aFy shall first be by and oF empleyee's wages, authe�aed a duly by the before the boaFd have Fesolution passed mayeF and Gemmell GOUnGil, shall any right-er-aufhnrity tE) aGt theFee♦} 1d. 2. The public utility board, with authorization by resolution of the Common Council, may enter into a contract if the contract: (A) involves a capital appropriation which is not contained within the board's approved annual budget and exceeds the amount of $100,000.00; (B) involves the sale or purchase of real or personal property in an amount greater than $100,000.00; or (C) establishes any officer's salary or employee's wage. Subd. 3. All of the public utility board contracts must be drafted in the name of the City, signed by the mayor and attested by the city clerk. SECTION 15.09. (Procedures and Record). The R public JJ utility 14 board shall establish procedures and practices consistent with requirements of the Common Council and the 0 director of € finance to coordinate and integrate practices and procedures into the accounting system for general City government. The @ board shall provide for keeping records and accounts as may be necessary to show the financial conditions of the € electric and W water U utilities in accordance with legal requirements, generally accepted accounting principles and utility industry reporting requirements. The B board shall issue an annual report for the preceding year representing the financial condition of the R public U utility, provide for an annual audit as authorized by the Common Council, and prepare an annual budget to be approved by the Common Council upon recommendation of the board.. ICIL ACTION: Motion by: Second by: to: FA Request for Council Action Charter Commission Page 2 The proposed amendment to Section 15.07 was previously presented to the council at a committee of the whole meeting. The charter commission proposes to amend Section 15.09 so that the council would have reviewed and approved RPU's budget prior to the RPU board approving the contracts. COUNCIL ACTION REQUESTED: By motion, direct the City Clerk to publish notice of a public hearing to be held Monday, August 6, 2001, to consider the proposed amendment by ordinance. Following that hearing, the council may adopt the proposed ordinance upon affirmative vote of all members present. REQUEST FOR COUNCIL ACTION MEETING /5 DATE: 8/6/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY CLERK D - 6 N DESCRIPTION: LICENSES, BONDS & MISCELLANEOUS ACTIVITIES PREPARED BY: DONNA ISCHOTT The following licenses, bonds and miscellaneous activities are submitted for the Council's approvals or disapprovals. All are pending departmental approvals, the required insurance, bonds, fees and all outstanding debts with the City of Rochester. CIRCUS Farrow Amusement Company, Inc PO Box 6747 Jackson, Ms 39282 Olmsted County Fair at Fairgrounds 7/31/01 to 8/5/01 GAMBLING — PREMISE PERMIT RENEWAL Knights of Columbus 2030 Hwy 14 East Rochester, Mo. 55904 GAMBLING — TEMPORARY Rochester Ducks Unlimited Box 475 Rochester, Mn 55903 HEATING CONTRACTOR Harty Mechanical, Inc. 1015 2nd Ave NE Austin, Mn. 55912 Air Conditioning Associates Inc 689 Pierce Butler Route St. Paul, Mn 55104 MASTER INSTALLER Loren Mitch Elness 11839 68d' Ave NW Pine Island, Mn. 55963 INCIL ACTION: Motion by: Second by: to: r r. LICENSES, BONDS AND MISCELLANEOUS CITY ACTIVITIES PAGE 2 AUGUST 6, 2001 John B. Matthews 793 West Ivy Ave St Paul, Mn 55117 MASTER PLUMBER Buckman Plumbing Company, Inc. PO Box 11070 4338 Lyndale Ave N Mpls, Mn 55411 SIDEWALKS — CEMENT Advanced Concrete & Masonry 91020 Wyoming Ave Brooklyn Park, Mn 55445 SIGN INSTALLATION Topline Advertising 11775 Justin Circle #A Osseo, Mo. 55369 SOUND AMPLIFICATION The Rochester Track Club Holiday Inn Half Marathon & 5K Run 8/18/01 Bands to Play Along Route — Bear Creek & Mayo Civic Center Elim Bapstist Church 1815 37` St NW Rochester, Mn. 55901 0 Annual Community Appreciation Party 8/25/01 4:00 PM to 8:00 PM Church Grounds Zumbro Valley Mental Health Center 315 Elton Hills Dr NW Rochester, Mn 55901 Agency Picnic 8/16/01 Cooke Park 5:00 PM to 8:00 PM Holiday Inn South 1630 South Broadway Rochester, Mn 55904 End of Summer Party 8/24/01 8:00 PM to Midnight Holiday Inn Parking Lot (Please Waive 8:00 PM Time Period) MISCELLANEOUS Ellen Larson & Sandra Miller Block Party 8/11/01 Cul-De-Sac at End of 25`h St. SE Rochester, Mn. 55904 LICENSES, BONDS AND MISCELLANEOUS CITY ACTIVITIES PAGE 3 AUGUST 6, 2001 The Rochester Track Club Holiday Inn Half Marathon & 5K Run 8/18/01 Holiday Inn to Mayo Civic along Zumbro River Professional AIDS Network First Annual AIDS Walk 8/25/01 Silver Lake 6:00 AM to 4:00 PM Rochester, Mn. 55904 Juvenile Diabetes Research Foundation Walk to Cure Diabetes 9/15/01 University Center — Rochester 8:00 Am to 11:00 AM Rochester, Mn. 55904 National Night Out 8/7/01 Emerald Hills 6/30/01/ to 8/30/01 Rick Pederson 3303 Darcy Dr NE Rochester, Mn. 55906 COUNCIL ACTION REQUESTED A motion to approve or disapprove the above licenses and permits. REQUEST FOR COUNCIL ACTION MEETING DATE: 8/6/01 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: City Clerk ITEM NO. D _ 0111 A DESCRIPTION: Approval of Public Transportation Franchise to Arab Community PREPARED BY: Services Judy Scherr Omer Sbarif Abbas Abdalla, owner of Arab Community Services, is requesting approval of his application for a Public Transportation Franchise License in the City of Rochester. Mr. Abdalla currently is available to the Arab Community for transportation and other services such as shopping where interpretation of the language is needed. The transportation -for -hire services, for which Mr. Abdalla is paid, do not fall under the Limousine Licensing requirements of the State or the City Taxicab Franchise Ordinance. He currently operates two vehicles. It is recommended that the Council grant the Public Transportation Franchise and suspend the rules to give a first and second reading to the ordinance. COUNCIL ACTION REQUESTED A motion to approve the granting of a Public Transportation Franchise to Omer Sharif Abbas Abdalla DBA Arab Community Services for a three-year period running until December 31, 2004. OTC "e l'c��lu _ _ _'NCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING C� ( DATE: 8/6/01 AGENDA SECTION: Consent Agenda ORIGINATING DEPT: Finance Department ITEM NO. D, 9 d 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 $5,617,495.50. Less: Any exceptions INCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETINABY: DATE: 8 AGENDA SECTION: ORIGINATING DEPT: ITEM NO Consent Agenda/Organizational Business Finance Department I DESCRIPTION: Approve Resolution Initiating the Process for the Sale of the City's PREPARGeneral Obligation Revenue Refunding Bonds, Series 2001A Dale Ma The reduction in long term interest rates has created an opportunity for the City to complete a current refunding of our General Obligation Revenue Bonds of 1992. These existing bonds are callable on December 1, 2001, allowing us to pay them off completely with proceeds of a new bond issued at a lower interest rate. The resulting savings would be used to reduce the revenues required from the City's sewer utility that have been used to make the debt service payments on the 1992 bonds. Depending upon the actual low bid price received on the proposed bonds, we expect to see savings in annual debt service payments averaging over $73,000 per year, with a net present value benefit of over $600,000 after issuance costs. Complete recommendations and an analysis of this proposal has been prepared by our financial advisors, Springsted Incorporated, and have been provided to the council under separate cover. We are requesting authorization to proceed with setting the sale and authorizing Springsted to sell the bonds by a competitive negotiated sale in accordance with Minnesota statutes on September 5`�. Recommendations for award of sale would be brought to the council at that evening's meeting. Recommendation: Approval of resolution initiating the process for the sale of the City's $8,315,000 General Obligation Revenue Refunding Bonds, Series 2001A. (,. NCIL ACTION: Motion by second by: to: REQUEST FOR COUNCIL ACTION MEETING A5 / DATE: 8/6/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda Finance Department L),(O 'M DESCRIPTION: Group Health Insurance Renewal PREPARED BY: Jennifer King Corporate Benefit Services of America (CBSA) has provided renewal information regarding the group health insurance plan provided by the City of Rochester. Stop Loss insurance quotes were sent to 11 reinsurance companies and only 5 renewal quotes were provided to the City. The current reinsurer's quote, American Fidelity/Comrisk, indicated that the premium/administrative fees would increase by 40% to $337,540 with the maximum annual payout by the City increasing by 29% or to $7,989,163, The most favorable quote from ING/ReliaStar indicated that the premium/administrative fees would increase by 20% to $288,646 with the maximum annual payout increasing by 14% or to $7,096,235. The previous year's administration fees were$240,711 with the annual maximum payout set at $6,202,552. The increase in rates and funding is due to the high utilization that the plan has incurred during the previous year. Therefore, the City retains the majority of exposure for the cost of the plan due to it being self - insured. City staff recommends that the City Council accept the ING/ReliaStar quote for the excess risk insurance policy. COUNCIL ACTION REQUESTED: Approve and authorize the Mayor and City Clerk to sign the excess risk insurance contract with ING/ReliaStar Life Insurance Company. . _ _ JNCIL ACTION: motion by: Second by: to: Corporate B e fit Services of America, LEc. i Presents: (�11y IIh Ifol'f cs(cl Currcm Year Rcnc,val OfferH l September 1, 2001 Renewal ier Amer Fidl'ty - Comrisk Amer Fidl'ty - Convisk Renewal Offer H 4 •. -.. ._ ...... ,. S P gg -36112 k Spec/Agg -48112 , ING/Reliastar Medical Medical/Rx/Vision Spec/Agg -15112 Fixed Costs: Net of Commissions Net of Commissians Medical/Rx Specific Premium $225,000 Specific $225.000 Specific Net of Commissions Single $ 2.93 $ 7.85 $225.000 Specific FnmOy S 8.91 $ 18.38 S 4.25 $ 12.65 Aggregate Premium Composite $ 1.72 $ 2.15 $ 2.77 COSA/Aecnt Administrative Fee $ 11.00 $ 11.00 PPO/UR Administrative Fee $ 2.00 S 2.30 $ I 1.L00 0 Miscellaneous_ ee S - S S 0 Agercente Accommodation (BSAI S - $ - S - S Terminal Liability Specific and Aggregate S - S Aggregate Only $ - $ $ - Total Plied Costs Single S 17.55 $ 23.30 $ 20.32 Family S 23.63 $ 33.83 $ 2872 Variable fClaim) Costs: Expected Claims (80 % ) Single $ 208.48 $ 267.57 S 486.95 Family S 542.06 $ 695.70 $ 486,95 Maximum Claims Single S 260.60 S 334.46 $ 608.69 Family $ 677.58 S 869.63 $ 608.69 Total Expected Costs (Fixed + Expected Claims) Single S 226.03 S 290.87 $ 507.27 Family S 565.69 S 729.53 S 515.67 Total Maximum Costs fFixed + Maximum Claims Single $ 278.15 $ 357.76 $ 629.01 Family $ 701.21 $ 903.46 $ 637.41 Census Total 932 932 932 Single 323 323 323 Family 609 609 Ana ANNUAL COST PROJECTIONS Current Year Renewal Offer N 1 Ile newal Offer 0 4 Annual Premium $ 95,319.84 $ 188,793.24 98% $ 139,898.88 47% Annual Administrative Pecs $ 143,392.00 $ 148,747.20 2% $ 148,747.20 2% Total fixed Costs $ 240,711.84 $ 337,540.44 40% $ 288,646.08 20% Annual Claims (Attachment Point) S 5,961,840.24 S 7,651,623.00 28% $ 6,807,588.96 14% Annual Expected Costs 'fixed S 5,010,184.03 $ 6,458,838.84 29% $ 5,734,717.25 14% Coll, + 80%af1hs Allnehmew faint( 4nnual Maximum Costs 'Feed Cost, + Mafiawp Claiansl S 6,202,552,08 S 7,989,163.44 29% $ 7,096,235.04 14% PLEASE; SEE'f11E NEXT PAGE FOR CONTINGENCIES AND REQUIREMENTS NEEDED TO BIN,,MEN 'I'S NEEDED To RING 7/12/Ill 15:2j please Note: Neilbef C83A, its AQNiates, or the Slop Lou Carriers will be bound by any ppographicul errors and/or onto lypogrnphical errors and/or ondl REQUEST FOR COUNCIL ACTION MEETING DATE: 8/6/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda Finance Department D,( j —A DESCRIPTION: LMCIT Liability Waiver Form PREPARED BY: Jennifer King The League of Minnesota Cities Insurance Trust (LMCIT) has indicated that the City of Rochester must choose to waive or not to waive the statutory tort liability limits for this year's renewal of the liability insurance policy through the League of Minnesota Cities Insurance Trust. In previous years, the Council has considered providing additional liability coverage. The decision at that time was not to provide additional insurance above the statutory tort liability limits. Due to the increased cost of the additional coverage and the previous determinations of continuing to provide the statutory tort limits under the City's liability insurance policy, City staff recommends that the Council does not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. This recommendation would also include the South Zumbro Watershed Joint Powers Board liability policy provided by the LMCIT. COUNCIL ACTION REQUESTED: Approve the recommendation not to waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. Authorize the Mayor and City Clerk to sign the LMCIT Liability Coverage — Waiver Form for the City of Rochester LMCIT policy as well as the Waiver Form for the South Zumbro Watershed Joint Power Board policy. INCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING a� DATE: 8/6/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda Fire D _'';�_ ITEM DESCRIPTION: Resolution Authorizing Statewide Mutual Aid PREPARED BY: D. Kapler Every year areas of the state are affected by major storms or other disaster s uch as the 1997 floods, the 1998 tornadoes, the 1999 wildfires and the recent major commercial fire in Albert Lea. These incidents require the expedient delivery of many resources from around the State. Unfortunately, the State has never had a coordinated plan to locate and respond resources to such incidents in the past. This year, the Minnesota State Fire Chiefs Association in cooperation with the DEM and SFM implemented a new statewide fire and rescue mutual aid system called FIREMAP. As a member of the FIREMAP Planning Team, the League of Minnesota Cites recommends that cities adopt resolutions that will pre -authorize city departments to send aid to other local governments. This is especially important for fire and police resources who are most often asked to send personnel or equipment to active emergencies. It is not expedient to seek council approval at the time resources are needed. The attached resolution authorizes the Fire Chief and Chief of Police, or their designee, to send resources to another local government when an emergency exists. For non -emergency events, the resolution authorizes the Mayor, any member of the City Council, or the City Administrator to release City equipment or personnel to assist another local government. RECOMMENDED ACTION: • City Council approval of the attached resolution. U ACTION: Moeonby:)j3aA _ Second by: Y4iytiw to: V0 ti I not, . ROCHESTER FIRE DEPARTMENT MEMORANDUM DATE: June 26, 2001 TO: Stevan Kvenvold, City Administrator FROM: Dave Kapler, Fire Chief Q `K SUBJECT: MUTUAL AID RESOLUTION On July 1, 2001, a new MN Fire & Rescue Mutual Aid Plan will become effective. Currently, the Rochester Fire Department is a member of an Olmsted County Mutual Aid Association. This provides access to fire department resources within the County for extraordinary emergency events. As individual cities and the state population in general continue to grow at a steady pace, more and more communities are being impacted by major emergencies, i.e. fires, floods, tornadoes, etc. Effective July 1, 2001, a new MN F&RMA Plan will be in effect. This plan will provide a more organized and expedient response of the fire service to major events throughout the state. Local mutual aid agreements authorize fire departments to send resources to other partners of the agreement without further Council approval. To expedite the response of resources under the statewide plan, cities are encouraged to adopt local resolutions authorizing individual departments to send resources outside of the community when requested. Response is always voluntary on the part of the sending agency. The LMC has developed a resolution for cities to adopt for this purpose. A copy is attached. This resolution is applicable to all city departments. I request this to be scheduled for Council action as soon as possible. c: City Attorney :3 11 Resolution Authorizing Mutual Aid WHEREAS, the City Council finds that there are situations where another local government may need the assistance of our local govemment's personnel and equipment and it would be impossible or impractical for the City Council to meet to authorize sending such assistance; BE IT RESOLVED by the City Council that: q The Mayor ,'mem er�of the City Council, and the City Administrator are authorized to release City equipment and personnel as deemed necessary to assist another local govemment.'B%ctTt- , sty e'r d aiv$�, -leeabgovermne . This decision shall be made after considering at all times and in each case the internal needs of our local government in addition to the needs of the party requesting our local government's assistance. This action shall be considered to be an official act of the local government and all of the local government's policies regarding compensation, use of equipment, insurance etc. will apply. The Mayor, City Council, and City Manager or their designee shall recall the local government's equipment and personnel if it is needed in our local government, or if it is no longer' needed by the requesting local government or if the City Council orders that action. Adopted by the City Council on this day of Attest: (local official) Date: REQUEST FOR COUNCIL ACTION MEETING 33/ DATE: 8/6/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Fire 'D' 13 „ �M DESCRIPTION: Olmsted County Fire Department Mutual Aid Agreement PREPARED BY: D. Kapler Olmsted County Fire Departments are in the process of updating their Mutual Aid Agreement. The current Agreement was adopted in 1985. The new Agreement has been reviewed by the City Attorney and is attached. RECOMMENDED ACTION: Council approval of the attached Olmsted County Fire Department Mutual Aid Agreement. JNCIL ACTION: Motion by: second by: to: M OLMSTED COUNTY FIRE DEPARTMENTS MUTUAL AID AGREEMENT THIS AGREEMENT, made as of this _ day of _, by and between the City of Byron, City of Chatfield, City of Dover, City of Elgin, City of Eyota, City of Oronoco, City of Pine Island, City of Plainview, City of Rochester, City of St. Charles, City of Stewartville, and City of Zumbro Falls, Minnesota municipal corporations, and the Rochester Airport Company, a Minnesota corporation. Purpose This Agreement is made pursuant to Minnesota Statutes 471.59 which authorizes the joint and cooperative exercise of powers common to contracting Parties. The intent of this agreement is to make equipment, personnel and other resources available to each Party who has signed this Agreement upon its request to the other Parties who have signed the Agreement. Definitions "Party" means a local government or a non-profit organization that contracts with local governments. "Requesting Official' means the person designated by a Party who is responsible for requesting Assistance from other Parties. 3. 'Requesting Party" means a Party that requests assistance from other Parties, normally the fire department of the jurisdiction in which an incident requiring assistance occurs. 4. 'Responding Official' means the person designated by a Party who is responsible to determine whether and to what extent that Party should provide assistance to a Requesting Party. "Responding Party" means a Party that provides assistance to a Requesting Party. Procedure Request for Assistance. Whenever, in the opinion of a Requesting Official, there is a need for assistance from other Parties, the Requesting Official may call upon the Responding Official of any other Party to furnish assistance. 2. Response to Request. Upon the request for assistance from a Requesting Party, the Responding Official may authorize and direct its personnel to provide assistance to the Requesting Party. Whether the Responding Party provides assistance and, if so, to what extent shall be determined by the Responding Official. '. Recall of Assistance. The Responding Official may at any time recall such assistance when in his or her best judgment or by an order from the governing body of the Responding Party, it is considered to be in the best interests of the Responding Party to do so. 4. Command of Scene. The Requesting Party shall be in command of the emergency scene. The personnel and equipment of the Responding Party shall be under the direction and control of the Requesting Party until the Responding Official withdraws assistance. In the event an emergency occurs in or crosses the boundaries of more than one jurisdiction, a joint command of the affected jurisdictions should be established. Charges to the Requesting Party The Requesting Party agrees to compensate the Responding Party as specified in this Agreement and in other agreements that may be in effect between the Parties. Charges to the Requesting Party from the Responding Party shall be the actual expenses and at reasonable and customary rates for: Labor Force • Equipment • Transportation • Meals, Lodging, and Other Related Expenses • Invoice to the Requesting Party. Within 90 days of the return to the home work station of all labor and equipment of the Responding Party, the Responding Party shall submit to the Requesting Party an invoice of all charges related to the aid provided pursuant to this Agreement. The invoice shall contain only charges related to the aid provided pursuant to this Agreement. A Responding Party shall not charge for assistance provided to a Requesting Party of this Agreement for the first 24 hours of such assistance. However, a Requesting Party must replace all fire extinguishing materials consumed by each Responding Party. After 24 hours, the Requesting Party shall be responsible to pay for the actual and necessary costs of the Responding Party (ies) in providing such assistance. Discretionary Assistance Providing assistance is entirely at the discretion of the Responding Party. The agreement to provide assistance is expressly not contingent upon a declaration of a major disaster or emergency by the federal government or upon receiving federal funds. Workers Compensation F-;h Party shall be responsible for injuries or death of its own personnel. Each Party will intain workers compensation insurance or self-insurance coverage, covering its own ZI personnel while they are providing assistance pursuant to this Agreement. Each Party waives the right to sue any other Party for any workers compensation benefits paid to its own employee or volunteer or their dependents, even if the injuries were caused wholly or partially by the negligence of any other Party or its officers, employees, or volunteers. Damage to Equipment Each Party shall be responsible for damage to its own equipment. Each Party waives the right to sue any other Party for any damage to its equipment, even if the damage was caused wholly or partially by the negligence of any other Party or its officers, employees, or volunteers. Liability t. The Requesting Party agrees to indemnify and defend against any claims brought or actions filed against the Responding Party or any officer, employee, or volunteer of the Responding Party for injury to, death of, or damage to the Party of any third person or persons, arising from the performance and provision of assistance in responding to a request for assistance by the Requesting Party pursuant to this Agreement. 2. Under no circumstances, however, shall a Party be required to pay on behalf of itself and other Parties, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one Party. The limits of liability for some or all of the Parties may not be added together to determine the maximum amount of liability for any Party. 3. The intent of the subdivision is to impose on each Requesting Party a limited duty to defend and indemnify a Responding Party for claims arising within the Requesting Party's jurisdiction subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating these reciprocal duties to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. 4. No Party to this Agreement nor any officer of any Party shall be liable to any other Party or to any other person for failure of any Party to furnish assistance to any other Party, or for recalling assistance, both as described in this Agreement. 5. Failure to provide assistance will not result in liability to a Party. Merger This Agreement constitutes the entire agreement between the parties. No waiver, consent, modification of change of terms of this agreement shall bind either party unless in writing and signed by both parties. There are no understandings, agreements or representations, oral or written, not specified herein regarding this Agreement. 31 :xecution Each Party hereto has read, agreed to and executed this Mutual Aid Agreement on the date indicated. Dated at Rochester, Minnesota this _ day of 2001. CITY OF ROCHESTER, a Minnesota Municipal Corporation By Its Mayor Attest: Its City Clerk TATE OF MINNESOTA ) SS COUNTY OF OLMSTED ) The foregoing instrument was acknowledged before me this day of , 200_, by Charles Canfield and Judy Scherr, the Mayor and City Clerk, respectively, of the City of Rochester, a Minnesota municipal corporation on behalf of the corporation. Notary Public This Agreement was drafted by: Office of the City Attorney City Hall 201 Fourth Street S.E., Room 247 Rochester, MN 55904 k/mutuallo" AGENDA SECTION: REQUEST FOR COUNCIL ACTION CONSENT AGENDA I Civic Music Performance MEETING 1.17 DATE: D- Jq PREPARED BY: Steven Schmidt Rochester Civic Music's jazz ensemble, Swing Street, has been engaged to perform for a Midwest Grand Lodge Conference event at the Kahler Hotel on August 18, 2001. A contract governing the terms and conditions of the ensemble's performance has been prepared in consultation with the City Attorney. The contract has been approved as to content by Civic Music' General Manager and as to form by the City Attorney. ACTION REQUESTED: That a motion be adopted authorizing the Mayor and City Clerk to execute the contract dated July 3, 2001 by and between the City on behalf of Swing Street and the Grand Lodge of Minnesota. COUNCIL ACTION: Motion Second 51 [ `01 REQUEST FOR COUNCIL ACTION MEETING 4) ' DATE: 8/6/01 AGENDASECTION: Consent Agenda ORIGINATING DEPT: Police ITEM NO. D_ + 57 0 DESCRIPTION: Donation of In -Car Video System PREPARED By: Roger Peterson The Minnesota Department of Public Safety has donated an in -car video system to the Police Department for its participation in the Safe & Sober driving program. The approximate cost of the equipment is $4,000. COUNCIL ACTION REQUESTED: Approve acceptance of donated in -car video equipment from the MN Dept of Public Safety. COUNCIL ACTION: Mo9on by: second by: to: REQUEST FOR COUNCIL ACTION MEETING i3 DATE: 08-06- 1 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA PLANNING D _ ko "EM DESCRIPTION: Orderly Annnexation Petition #01-16 by Donald and Carl Krahn to PREPARED BY: inex approximately 2.31 acres of land located along Knollwood Drive SE. The property Theresa Fogarty, is platted and is legally described as Lots 4-7, Block 8 and Lot 4, Block 10, Rose Harbor Planner Fourth Subdivision. August 1, 2001 Planning Department Recommendation: See attached staff report, dated August 1, 2001. As part of the Orderly Annexation Agreement, property taxes payable on annexed land shall continue to be paid to the Town of Marion for the entire year in which the annexation becomes effective. If the annexation becomes effective on or before August 1 of a levy year, based on the date specified in the order from the Minnesota Municipal Board, the City may levy on the annexed areas beginning with that levy year. If the annexation becomes effective after August 1 of a levy year, the Town may continue to levy on the annexed area for that levy year. Thereafter property taxes on the annexed land shall be paid to the City. Councii Action Needed: 1. If the Council wishes to proceed as petitioned, it should instruct the City Attorney to prepare an resolution to be adopted and transmitted to the MN Planning /Office of Strategic and Long Range Planning. 2. The signed resolution and a copy of the Joint Resolution for Orderly Annexation (Marion Area #2) should be transmitted to the MN Planning / Office of Strategic and Long Range Planning by the City Clerk (attached is a filing fee for the application in the amount of $25). The resolution and a copy of the Joint Resolution shall also be sent to the Town of Marion and. the Olmsted County Auditor/Treasurer. Attachments 1. Staff report, dated August 1, 2001. Distribution: 1. City Administrator 2. City Clerk: Filing Fee Attached 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 at the Rochester / Olmsted County Government Center. __UNCIL ACTION: Motion bv: Second on Monday, August 6, 2001 in the Council Chambers qj 4b ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 cauwir OF TO: City Council www.olmstedcounty.com/planning FROM: Theresa Fogarty, Planner DATE: August 1, 2001 �NO�f7�ii�iOf►�'J RE: Orderly Annexation Petition #01-16 by Donald and Carl Krahn to annex approximately 2.31 acres of land located along Knollwood Drive SE. The property is platted and is legally described as Lots 4-7 Block 8, and Lot 4, Block 10, Rose Harbor Fourth Subdivision Planning Department Review: Applicants/Owners: Donald and Carl Krahn 2904 Knollwood Drive SE Rochester, MN 55904 Location of Property: The property is located along Knollwood Drive SE, south of Eastwood Road SE. Existing Land Use: This property is currently platted undeveloped land. Size: The property proposed for annexation is approximately 2.31 acres. Existing Zoning: The property is zoned R-1 (Residential) on the Olmsted County zoning map. Future Zoning: Upon annexation, the property will be zoned R-1 (Mixed Single Family Residential) district on the Rochester zoning map. Land Use Plan: This property is designated for "low density residential" uses on the Rochester Urban Service Area Land Use Plan. Adjacency to the Municipal Lot 4, Block 10 is adjacent to the city limits along its western, Limits: eastern and a portion of the southern boundaries. Lots 4-7, Block 8 are adjacent to the city limits along the western and southern boundaries. Sewer and Water: Municipal sewer and water will be available to serve this area. The Rose Harbor High Level Water System Service Area will be available for connection with the completion of the planned water quality protection project in this area. The owners are required to execute a Utility Connection Agreement prior to construction of any of these lots and will be required to construct sidewalk along their frontage at the time of development. BUILDING CODE 507/285-8213 • GI$/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 507/285-8224 PLANNING/ZONING 507/285-8232 • WELUSEPTIC 507/285-8345 FAX 507/287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 Annexation #01-16 August 1, 2001 Utilities: Pursuant to Minnesota Statutes 414.033 (subd.13), a municipality must notify a petitioner that the cost of electric utility service may change if the land is annexed to the municipality. A notice has been provided to the applicant. Townboard Review: Townboard review is not required for this annexation. Referral Comments: 1. Rochester Public Utility Department — Water Division 2. Rochester Public Works Department Report Attachments: 1. Annexation Map 2. Location / Marion Township Orderly Annexation Area #2 Map 3. Referral Comments (2 letters) Staff Recommendation: Section 7, Paragraph (b) of the Joint Resolution for Orderly Annexation (Marion Area #2) between the City of Rochester and Townboard of Marion allows any lands contained in the orderly annexation area may be annexed to the City upon adoption of a resolution when a landowner abuts the City limits and said landowner files a petition for annexation with the City. In such instance, review by the Rochester Planning and Zoning Commission shall not be required prior to the City acting upon said petition. Staff recommends that the City adopt a resolution annexing the property. 0 q� ROCHESTER /4/inneeota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur Date: 7/26/01 DEPARTMENT OF PUBLIC WORKS 201 4" Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the requested application for Annexation #01-16 on the Krahn Property (Lots 4 — 7. Block 8, & Lot 4, Block 10, Rose Harbor Second Subdivision). The following are Public Works comments on the proposal: There is a City project slated for spring 2002 that will provide sewer, water, and street reconstruction with curb & gutter to serve this property. The Owners are required to execute a Utility Connection Agreement prior to construction on any of these lots, and will be required to construct sidewalk along their frontage at the time of development.. QVempW,NNX01.16 Krahn Property Rase Harbor.doc we pled e, we a'Miler July 12, 2001 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Orderly Annexation #01-16 by Donald and Carl Krahn to annex 2.31 acres of land located along Knollwood Dr. SE described as Lots 4-7, Block 8 and Lot 4, Block 10, Rose Harbor Second Subdivision. Dear Ms. Gamess: Our review of the referenced petition is complete and our comments follow: This property is within the Rose Harbor High Level Water System Service Area, which will be available for connection with the completion of the planned water quality protection project in this area. Please contact us at 507-280-1600 if you have questions. Very truly yours, 06-AA �� Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Jim Loehr, 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 REQUEST FOR COUNCIL ACTION MEETING 1 1� DATE: 08-06-01 AGENDAS CTION: ORIGINATING DEPT: ITEM NO. Consent Agenda PLANNING D - 17 EM DESCRIPTION: Amendment to the resolution #270-82, vacating a drainage easement PREPARED BY: i Lots 1 — 6, Block 2, The 12 Seas Subdivision. Brent Svenby, Planner August 1, 2001 Planning Department Review: In 1982, Shopko Stores, Inc. petitioned to vacate a drainage easement on Lots 1-6, Block 2 of The 12 Seas subdivision. In the resolution adopted by the City Council, the description of the drainage easement is incorrect. Shopko had intended to vacate the entire drainage easement on Block 2. The easement is 40' wide on Lots 2-6 and on Lot 1 the easement is 40' wide on the eastern edge of the lot and widens to 70' on the western end. It was the intention at the time to vacate the entire drainage easement, not just an 80' wide section running through the block. Upon reviewing the information in the vacation file, staff believes that it was the intent of the applicant and that of the Council to vacate the entire drainage easement on Block 2. Staff would recommend that the Council amend the resolution adopted in 1982 to vacate the original drainage easement on Lots 1 - 6, Block 2 in its entirely. Council Action Requested: 1. To instruct the City Attorney to prepare an amendment to resolution number 270-82 vacating the entire original drainage easement on Lots 1-6, Block 2, The 12 Seas Subdivision. Distribution: 1. City Administrator 2. City Clerk 3. City Attorney: Copy of information submitted by Gregory Spoo regarding the vacation 4. Planning Department File '^UNCIL ACTION: Motion by: Second by: 10 0 0 u L_ _O W C •O O U U A d N t" d , i i9 4i:j ibb y p m �� •� ;'A¢jE g._ .s; °'dip" 9 Y..rrn Ybl Q-nA !f S, E Y? di ! i R Hai f' 'I I \y� I a4 -W M I ka a _sti. awl._ ' W , ry•--•�� •� I n� .� F 1 Y 1 1 �J/ y V ) r I l_ • V - V 1 1 1 W N Ld ! 'Pal ---- u N L u c u c •o .Q U O G c u ,o a O h a:W Meeting REQUEST FOR COUNCIL ACTION Date 8/6/01 AGENDA SECTION ORIGINATING DEPT: ITEM NO. b -I6 CONSENT AGENDA ROCHESTER PUBLIC UTILITIES ITEM DESCRIPTION: PREPARED BY: Consideration of Public Utility Board Action Kathy Wilson Page 1 of The Rochester Public Utility Board has approved the following on July 31, 2001 and requests the Common Council's favorable consideration: - to approve a resolution to approve a contract agreement with Stanley Consultants, Inc., and that the Common Council authorize the Mayor and the City Clerk to execute the agreement for professional engineering services for modifications and revisions to the Silver Lake Plant to provide steam to the Mayo Foundation. The amount of the contract agreement not to exceed $409,000.00. to approve a resolution to approve a contract agreement with Stanley Consultants, Inc., and that the Common Council authorize the Mayor and the City Clerk to execute the agreement for professional engineering services for installation of steam delivery pipeline to the Mayo Foundation. The amount of the contract agreement not to exceed $346,300.00. to approve a resolution to approve a purchase order agreement with Velan Valve Corporation for steam valves for Silver Lake Plant modifications for steam supply to the Mayo Foundation. The amount of the purchase order to be $164,132.00, and Velan Valve Corporation being lowest responsible bidder. - to approve a resolution to approve a contract agreement with Monitor Labs, Inc., and that the Common Council authorize the Mayor and the City Clerk to execute the agreement for a continuous emissions monitoring system (CEMS) for the new Cascade Creek combustion turbine — Contract 5. The amount of the contract agreement to be $284,015.00, and Monitor Labs, Inc. being lowest responsible bidder. to approve a resolution to approve a contract agreement with Peoples Natural Gas Company, and that the Common Council authorize the Mayor and the City Clerk to execute the agreement for large volume interruptible gas service for the Cascade Creek generation facility with services and rates as established by the agreement. to approve a resolution to approve a contract agreement with Peoples Natural Gas Company, and that the Common Council authorize the Mayor and the City Clerk to execute the agreement for interruptible transportation service for the Cascade Creek generation facility with services and rates as established by the agreement. COUNCIL ACTION: Motion by: Second by: to: Meeting REQUEST FOR COUNCIL ACTION Date Rochester Public Utilities --Page 2 of 2 to approve a resolution to approve a revised compensation amount to the contract agreement with Burns & McDonnell (00-19-E dated August 20, 2000), and that the Common Council authorize the Mayor and the City Clerk to execute the agreement for an increase in professional engineering services for the completion of the 161kV conversion of the Cascade Creek Substation. The amount of the revised contract agreement to be $460,000.00, which represents an increase of $80,000.00. to approve a resolution to approve a contract agreement with People's Cooperative Services, and that the Common Council authorize the Mayor and the City Clerk to execute the agreement for settlement agreement between the City of Rochester and People's Cooperative Services, Inc. for areas annexed July 1, 1998 through December 31, 1999. The amount of the contract to be $25,135.68 as an initial payment for the 24 services which pre-existed the annexations, and 8.5 mills/kWh for up to ten years for sales to post -annexation load. To adopt a revision to Section 14.03 of the Rochester Code of Ordinances to authorize the Mayor to issue a proclamation to meet a local civil defense emergency for the maintenance, protection or restoration of public utility services according to the language provided in the attached document prepared by the City Attorney's Office. GENERAL MANAGER: tlyt COUNCIL ACTION: Motion by: second by: to: FOR BOARD ACTION Agendaltem# 3 Meeting Date: 7/31/01 SUBJECT: Professional Services —Mayo Steam Supply Project Stanley Consultants, Inc. Wally Schliak, Manager of Power Production ITEM DESCRIPTION In June 2001, the Utility Board approved the project of supplying steam to the Mayo Clinic, Rochester, from the RPU Silver Lake Power Plant. RPU staff has been working on development of the project on several fronts. We have received verbal notification from the US Environmental Protection Agency that it has been determined that BACT review will not be required for the project. Therefore, we have submitted our permit application to the Minnesota Pollution Control Agency. We have developed preliminary design and routing of the steam system and have entered into negotiations for a steam supply agreement with the representatives from the Mayo Clinic. We received a letter of intent from the Mayo Clinic in January documenting their intent to enter into a contract to purchase steam supply from RPU as an intermediary step until final contract negotiations are complete. Earlier this month, we also received a letter of intent regarding Mayo's desire to have RPU provide project management services for the pipeline construction between SLP and the Prospect Plant. The recent letter is attached. To continue the project RPU must enter into a professional services agreement with an engineering firm to provide architectural and engineering services. The scope of that agreement will be to provide design and construction support services and to also provide resident project representative services for construction. Due to its length, only the first few pages of the agreement are attached to this request. The remainder of the agreement is available upon request and open to the public. Stanley Consultants, Inc. has been the engineering firm involved with the development of the project since 1997. They have developed the project design to its current level and are the A&E firm for Mayo on the Prospect Utility Plant portion of the project. RPU has been working with Stanley Consultants on the preliminary work on this project and are satisfied with their performance on the project. RPU will require A&E services on two parts of the project. Part One consists of the Silver Lake Plant Project, which includes the modifications and revisions to the Silver Lake plant. Part Two consists of the Steam and Condensate Project, which includes the installation of the steam delivery piping and condensate return systems that connect the two buildings. Stanley Consultants Inc. broke down their proposed professional services for each component separately along the project lines. General Manager Date FOR BOARD ACTION Agenda Item# 3. Meeting Date: 7/31/01 Attached are two proposals from Stanley Consultants estimating time and expenses to perform the requested services and a Standard form of Agreement for Professional Services. The value of these agreements was reflected in the project budget presented to the Board at the June 2001 meeting. The cost of the plant project, including Stanley's fees and RPU staff expenses, will be recovered through a capital recovery charge component in the steam price to Mayo, while the steam pipeline costs will be an immediate pass -through to Mayo during the construction process. UTILITY BOARD ACTION REQUESTED: Staff recommends that the Utility Board approve a resolution requesting the Common Council to approve two contracts with Stanley Consultants Inc. to provide professional services related to the Mayo steam supply project. All work will be performed on a time and material basis; Part One, the RPU Silver Lake Plant Project will not exceed $409,000.00, and Part Two, the Steam and Condensate Project will not exceed $346,300.00, with the total amount of the two parts not to exceed $755,300.00. 7 ,A a Gen al Manager ate FOR BOARD ACTION Agenda Item # 4.a. Meeting Date: 7/ 31/01 SUBJECT: Valve Procurement Contract Silver Lake Plant Modification — Mayo Steam Sale PREPARED BY: Wally Schlink, Manager of Power Production ITEM DESCRIPTION: The Mayo Steam Sale Project will require modifications to the Silver Lake Power Plant main steam system. The overview of the modification is to interconnect the four boiler main steam lines to allow the delivery of steam from any of the four units. The steam conditions of the four units include pressures and temperatures that range from 625 p.s.i.g. @ 800 ' F to 1350 p.s.i.g. @ 950 ° F. Temperatures and pressures of this level require specifically designed valves and are items that have delivery with long lead times. Due to these factors the purchase of the various valves need to be the initial purchase of the project materials. A bid specification was developed and issued to four'qualified valve -manufacturing firms in addition to the public solicitation. The bid opening was held June 18, 2001 and we received two bids. The bid packages were submitted to Stanley Consultants, Inc. for their review and recommendation to award. Stanley recommended award of the bid to Velan Valve Corporation based on their being the low bidder and complying with the terms of the bid specification. Staff concurs with the recommendation. Attached is the Bid Tabulation and Evaluation from Stanley Consultants and a copy of the bid submittal. UTILITY BOARD ACTION REQUESTED: Staff recommends that the Utility Board approve a resolution requesting the Common Council to approve a procurement contract with Velan Valve Corporation in the amount of $164,132 for the purchase of valves. RP,Q eRWe� `1-Z4-01 WY1�- A4-7 ,03- 0 G ral Mier tate FOR BOARD ACTION Agenda Item # 4, b . Meeting Date: 7131101 SUBJECT: Cascade Creek Unit 2 Contract 5 -- CEMS PREPARED BY: Joe Hensel, Manager Environment & Facilities ITEM DESCRIPTION: Continuous air emissions monitoring for nitrogen oxides (NOx) is a requirement of the Cascade Creek air quality permit. Plans and specifications for a continuous emissions monitoring system (CEMS)that would meet State and Federal technical and performance specifications were prepared by project engineer, Burns and McDonnell, and the bid package sent to six manufacturers. A bid opening was held July 13, 2001 and only one bid was received. The bid package was sent to the engineer for evaluation and recommendation. The bid was determined to be responsive to the technical specifications and the prices are in line with expected cost. Attached are a copy of the bidder's proposal and the letter of recommendation from Burns & McDonnell. Staff agrees with the recommendation of the engineer to award the contract to iMonitor Labs, Inc. The amount of the contract will reflect the base bid of $284,015. UTILITY BOARD ACTION REOUESTED: Staff recommends that the Utility Board approve a resolution requesting the Common Council to approve a contract in the amount of $284,015, with Monitor Labs, Inc., for a continuous emissions monitoring system for the Cascade Creek Combustion Turbine. R�U�e�ed �-ztrr-ol (.�rl�r Ged ral Manager Date 11 FOR BOARD ACTION Agenda Item# 5 Meeting Date: 7/31/C1 SUBJECT: Large Volume Interruptible Gas Sales Agreement and Interruptible Transportation Service Agreement with Energy One doing business as Peoples Natural Gas Company PREPARED BY: Wally Schlink, Manager of Power Production ITEM DESCRIPTION: The Cascade Creek Units 1 and 2 generation projects include the ability to bum natural gas in all the combustion turbines. There are several benefits to this configuration, both operational and financial. Peoples Natural Gas has extended a high-pressure natural gas supply to the site and work is in progress to install supply lines to both of the generating units, the existing Westinghouse gas turbine and the new Pratt & Whitney gas turbine. Gas service will be required in November 2001 for the existing unit and April 2002 for the new unit. Procuring the supply of gas will require RPU to put into place, agreements for the transportation and the sale of natural gas to the Cascade Creek facility. Included in the agreements are services for nominating and balancing gas for the facility. Peoples Natural Gas, as our local natural gas distribution company, provides the distribution network and the required services for our area. The services and agreement are identical to those in place for similar services at the Silver Lake Power Plant. UTILITY BOARD ACTION REQUESTED: Staff recommends that the Board approve a resolution requesting the Common Council to approve two agreements with Peoples Natural Gas to provide the transportation and sales services as defined in the agreements. Reviewe4 -1-_Lk-ai Wn- 7 9G O Gen ral Manager I 15ate 0-TOMA rZT0721TOW O► Agenda item# 6. Meeting Date: 7/31/01 SUBJECT: Amendment to an Existing Contract for Engineering Services Burns and McDonnell 161kV Conversion Project at Cascade Creek PREPARED BY: Greg Woodworth Engineering Manager ITEM DESCRIPTION: In August 2000 the Board approved an agreement with Bums and McDonnell Engineering for extensive substation Engineering Services for the design and procurement of equipment to both complete the 161kV conversion project and modify the Cascade Creek substation to allow the connection of the new combustion turbine to the 161kV transmission system. The existing compensation amount for the contract is $380,000. Bums and McDonnell is requesting an $80,000 increase in the authorized amount to $460,000 in order to complete their portion of the project. Staff believes this increase is justified due to both increased scope and unexpected complexity. Cascade Creek is our largest and most congested substation. Due to its location in the transmission system and its connection to the Byron Line it is critical that it remain in service. Because of this, the construction has to be done in a series of highly coordinated, detailed outages that must occur in a specific and very rigid sequence. The scheduling of these outages during the summer season makes it that much worse since the outage time has to be minimized. The work cannot be delayed into the winter months since that would affect the combustion turbine schedule and push more outside work into the winter months. At the beginning of this project, we expected to be able to get the work done in roughly eight to 10 outages. The project construction is being done in a series of roughly 25 tightly scheduled and rigidly ordered outages that require more intermediate design steps to keep the transmission system functioning and operational. This is roughly 25 percent of the additional fee. The other 75 percent is scope of work increases due either to changed project conditions or additional unanticipated work. Individual items are detailed in the attached July 18, 2001 letter from Bums and McDonnell For these reasons we request that the Board approve an increased authorized amount for the Bums and McDonnell engineering design contract. UTILITY BOARD ACTION REQUESTED: It is recommended that the Board request the Common Council to approve a revised compensation amount of $460,000 to the existing Bums and McDonnell agreement 00-19-E dated August 20, 2000. Frtwewedd -zy-d l WY1 1157 _ 7'�60 Ge al Manager Date FOR BOARD ACTION Agenda Item # 8 Meeting Date: 7/ 31/01 SUBJECT: Settlement Agreement with People's Co-op PREPARED BY: Walt Lorber, Director of Operations W n\i ITEM DESCRIPTION: Settlement terms for acquisition of electric service rights to 25 annexations have been agreed to by representatives of RPU and People's Co-op. The acquisition includes 1.175 square miles of new service territory and 24 pre-existing residential services. Settlement terms are nearly identical to the last settlement agreement between the parties: • 1.0 x gross annual revenue for pre-existing customers • 8.5 mills/kWh for new load for a period not to exceed ten years within a window of 13 years from annexation The agreement has been reviewed by the O'Brien & Wolf Law Firm and by the City Attorney. Upon approval by the Board and Council, RPU staff will: • Have the agreement executed by the Mayor • Submit a revised service area map to People's for signature and pay the $25,135.68 • Have the O'Brien Firm submit a petition to the MPUC for transfer of the area • Upon approval by the MPUC, close the interim service escrow account ($871,035.00) • Begin working with People's to transfer the customers • Calculate and pay compensation for new load from inception to the present • Add area into millrate payment program It is recommended that the Utility Board request the Common Council to approve the attached contract agreement with People's Cooperative Services for the acquisition of electric service rights to those annexations listed in Exhibit A of the agreement and to authorize the Mayor to sign the agreement. f - 7 d Gegoal Manager ate I ORDINANCE NO. AN ORDINANCE CREATING AND ENACTING SUBDIVISION 4 TO SECTION 14.03, AND AMENDING AND REENACTING SECTION 14.21 OF THE ROCHESTER CODE OF' ORDINANCES, RELATING TO A MAYORAL DECLARATION OF EMERGENCY. THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN: Section 1. Subdivision 4 to Section 14.03 of the Rochester Code of Ordinances is hereby created and enacted to read as follows: Section 2. Section 14.21 of the Rochester Coe of Ordinances is hereby amended and reenacted to read as follows: 14.21. Proclamation by Mayor. Subdivision 1. Whenever necessary to meet a civil defense emergency I�ef to prepare for an imminent civil defense emergency for which adequate regulations have not been adopted by the governor or the council, or to meet a local civil defense emergency the mayor may by proclamation promulgate regulations, consistent with applicable federal or state laws sf, regulations or ci ordinances respecting: A. Rpreoaration against air -raids; B. the sounding of air-raid alarms; C. the conduct of persons and the use of property during alarms; D. the repair, maintenance, and safeguarjding of essential public service; E. emergency health, fire, and safety regulations, trial drills or practice periods required for preliminary training; F. the maintenanceprotection or rest ration of ouplic utility services, and G. all other matters which are required tIo protect public safety, health and welfare in civil defense emergencies. Subd. 2. No regulation governing observation of alarms, or illumination during air attacks shall be adoF approved by the state director of civil defense. Subd.3. No person shall violation any pri proclamation provided for by this section. Any violation misdemeanor offense. Section 3. This ordinance shall be effective PASSED AND ADOPTED BY THE COMMON ROCHESTER, MINNESOTA, THIS DAY ATTEST: CITY CLERK APPROVED THIS DAY m (Sea] of the City of Rochester, Minnesota) a,d200rn14.21 ny aircraft, air attack, or take effect unless and after the date of its publication. COUNCIL OF THE CITY OF OF 2001. :NT OF SAID COMMON COUNCIL 2001. REQUEST FOR COUNCIL ACTION MEETING DATE: 08/06/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works I)—(9 �M DESCRIPTION: ASSESSMENT AGREEMENTS: 19 STREET NW FROM 19 PREPARED BY: AVENUE NW TO VALLEY HIGH DRIVE NW — J9723 M Nipbur On December 11, 2000, the City Council adopted a resolution levying assessments for the following local improvement. Proiect No. 6319-4-00, J9723 Curb, Gutter and Overlay on 19th Street NW from 191h Avenue NW to Valley High Drive. After December 11. 2000, two property owners of property abutting the project requested that the City replace the concrete sidewalk abutting 181h Street NW consistent with the project. The owner's further request that the Assessment Roll adopted December 11, 2000, for the assessments attributable to their respective property, be amended to include the cost associated with their sidewalk replacement request. Assessment Agreements have been prepared, signed, and notarized between the City and these two property owners. The property owners waive their right to contest the assessments for the sidewalk replacement and the amendment of the Assessment Roll. COUNCIL ACTION REQUESTED: 1. Authorize the Mayor and City Clerk to execute the Assessment Agreements. 2. Adopt the resolution amending the previously adopted Assessment Roll dated December 12, 2000. • wJNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING 61 DATE: 8/6/01 AGENDA SECTION: ORIGINATING DEPT! ITEM NO. CONSENT AGENDA Public Works D —O�D M DESCRIPTION: Development Agreement — First Alliance Credit Untion PRF;PARED BY: e M. Nigbur'VV4 The Owners of the First Alliance Credit Union and the City Staff have had discussions relating to amending the existing Development Agreement. The purpose of the amendment is to provide the City with access control along a portion of the private roadway. Staff recommends the Council approve the Development Agreement Amendment. The developers have executed the agreement. i 37th Street 4East er Road SERMCE CT NE COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the Development Agreement Amendment for the First Alliance Business Park INCIL ACTION: Motion by: Second by to. REQUEST FOR COUNCIL ACTION MEETING DATE: q / 8/6/01 AGENDA SECTION: ORIGINATING DEPT! ITEM NO. CONSENT AGENDA Public Works D -C;)- _M DESCRIPTION: Development Agreement — People of Hope Church PR PARED BY- M. Nigbur -OW The People of Hope Church, located West of West Circle Drive along Country Club Road, and City Staff have had discussions relating to impacts of the development of the property on the surrounding infrastructure. Based on our 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 abutting the development. • Dedication of right of way/easements. • Traffic Improvements including access control and signage. • Owners payment of the assessments, developmenticonnection related charges including SAC, WAC, connection charges, future pedestrian facility charges and Storm Water Management. Staff recommends the Council approve the Development Agreement. The Owner has executed the agreement. _�O a wXmwe onrm � 3 m 13 i bye YMM VlW GRXW 0 W Sp S a e s COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the Development Agreement for the People of Hope Church Property. 1NCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING %' DATE: 816/01 AGENDA SECTION: ORIGINATING DEPT! ITEM NO. CONSENT AGENDA Public Works D�ap2 W DESCRIPTION: Owner Contract — Watermain Relocation at Mayo High School (J9825) PR PARED BY: ' M. Baker Staff would offer the following Owner Contract project for consideration by the Council: Rochester Independent School District #535 (Owner) & Fraser Construction (Contractor) are requesting a City / Owner Contract J9825 consisting of "Watermain Relocation for the Mayo High School building addition". C ca o_ Q LJ1JJ1.yW_111LIJ N E of N v � o O 111J 0-6 U � c _rn Oy T COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9825, "Watermain Relocation for the Mayo High School building addition" _ _ JNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 15 8/6/01 AGENDA SECTION: ORIGINATING DEPT: I ITEM NO. CONSENT AGENDA Public Works D-;. 3 —M DESCRIPTION: Owner Contract — Basic Construction in North Park Eleventh PREPARED BY: (J9837) WrM. Baker Staff would offer the following Owner Contract project for consideration by the Council: Leslie Lurken (Owner) & Elcor Construction (Contractor) are requesting a City / Owner Contract J9837 consisting of "Basic Construction in North Park Eleventh". mm mm mm mm mm COUNCIL ACTION REQUESTED: A Adopt a Resolution authorizing the Mayor and City Clerk to execute the City I Owner Contract for J9837 "Basic Construction in North Park Eleventh" --JNCIL ACTION: motion by: Second by: m REQUEST FOR COUNCIL ACTION MEETING DATE 816/01 AGENDA SECTION: AGENDA ORIGINATING DEPT: ITEM NO. D—e� CONSENT Public Works '_M DESCRIPTION: Owner Contract — Watermain & Hydrant to Serve the Longfellow PARED BY - Elementary School Building Addition (J9827) M. Baker Staff would offer the following Owner Contract project for consideration by the Council: Rochester Independent School District #535 (Owner) & Market & Johnson, Inc. (Contractor) are requesting a City / Owner Contract J9827 consisting of "Watermain & Hydrant to Serve the Longfellow Elementary School Building Addition". G °wvsx x � o � 'n _ ryry m � M J U' COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City i Owner Contract for J9827, "Watermain & Hydrant to Serve the Longfellow Elementary School Building Addition" UNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING /? DATE: 8/6101 AGENDA SECTION- CONSENT AGENDA ORIGINATING DEPT, Public Works ITEM NO. —a S" D M DESCRIPTION: Owner Contract — Watermain Relocation & Hydrant to Serve the PR�PARED BY: RCTC Horticulture Building Addition (J9818) M. Baker Staff would offer the following Owner Contract project for consideration by the Council: Minnesota State Colleges & Universities (Owner) & Schroeder Leverington (Contractor) are requesting a City / Owner Contract J9818 consisting of "Watermain Relocation & Hydrant to Serve the RCTC Horticulture Building Addition". RCTC Horticulture Building Site City-0wnei Contract J9818' J S 3 �tl COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City ! Owner Contract for J9818, "Watermain Relocation & Hydrant to Serve the RCTC Horticulture Building Addition" JNCIL ACTION: Motion by: Second by. to: REQUEST FOR COUNCIL ACTION MEETING ?9 ' DATE: 8/6/01 AGENDA SECTION: ORIGINATING ❑EPT- ITEM NO. CONSENT AGENDA Public Works �—a (p M DESCRIPTION: Owner Contract — Watermain & Hydrant to Serve Lot 1, Block 2, PREPARED BY,pr Northview First Subdivision - Soderberg Building (J9822) M. Baker Staff would offer the following Owner Contract project for consideration by the Council: Dan Soderberg (Owner) & Fraser Construction (Contractor) are requesting a City / Owner Contract J9822 consisting of "Watermain & Hydrant to Serve Lot 1, Block 2, Northview First Subdivision (Soderberg Building)". i g �2� 3. r GG� Y Y COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9822, "Watermain & Hydrant to Serve Lot 1, Block 2, Northview First Subdivision (Soderberg Building)" 1NCIL ACTION: motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING 31 DATE: 816/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works M DESCRIPTION: STORMWATER MANAGEMENT AGREEMENT PREPARED BY: 'Sh 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: • ISD#535 Longfellow Elementary School (1615 Marion Rd SE) (SDP#01-20) $ 618.77 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. JNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING 0 DATE: 8/6/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO, CONSENT AGENDA Public Works D-'2-8 VI DESCRIPTION: ADVERTISE FOR BIDS: Sanitary Sewer Extension to serve the PREPARED BY: Hart Farm Property (J-9753). D. Nelson This is a request for a resolution to advertise for bids. The bids will be received until 11:00 AM at the office of the City Clerk on August 29, 2001 and considered by the Council on September 5, 2001, for the following project: Project No. M1-08, J-9753 Sanitary Sewer Extension from Greystone, westerly to the Hart Farm Property to serve undeveloped land along 18tb Ave SW This project was petitioned for by the benefiting property owners and will be paid from connection and availability fees. A Feasibility Report was prepared by Public Works Department and is attached. COUNCIL ACTION REQUESTED: A resolution should be adopted approving the Feasibility Report and authorizing the City Clerk to advertise for bids and conduct a bid opening on August 29, 2001 at 11:00 AM. Note to City Clerk; Advertise 3 times in the Post Bulletin and Construction Bulletin beginning August 10, 2001. JNCIL ACTION: Motion by: Second by: to: REPORT ON THE FEASIBILITY OF A PROPOSED LOCAL IMPROVEMENT PROJECT FOR THE SANITARY SEWER EXTENSION TO SERVE VACANT LANDS LYING BETWEEN 32NoSTREET SW AND 36TN STREET SW ALONG 18TN AVENUE SW Honorable Mayor & Common Council City of Rochester, Minnesota A resolution proposing the following project: Extension of Sanitary Sewer to serve vacant lands within the City's 20 year Urban Service Area lying along 18th Avenue SW between 32"d and 36`h Street SW. A petition has been filed with the City Clerk and forwarded to the Public Works Department by the City Council on October 4, 1999. Feasibility Report We report the above referenced project is feasible and recommend its construction. The location of this project is within an area proposed for both Residential and Commercial development. Development of the area is increasing due to the City's recent investment and construction of Phase I of a sanitary sewer trunkmain from TH 63 South westerly to serve the Greystone Development. Continued development interest within this area requires the Phase II and Phase III trunkmain construction. This project would allow the properties to develop on public sewer and watermain instead of though an interim private lift station. This project has not been budgeted for in the City's Capital Improvement Program. The costs of this project should be paid from connection and availability fees collected from the benefiting properties. The proposed project (Phase II & III) consists of the extension and installation of 10 inch sanitary sewer line currently located approximately 3200 linear feet East of 18`h Avenue SW. The sewer would be extended West through the existing natural ravine to 18`h Avenue SW (Phase II) and then 9roceed 1100 feet Southwesterly in the ravine (Phase III). The extension to the West of 18 avenue is needed to allow the petitioner to connect to the sanitary sewer. The total length of the Phase 1I & III sanitary sewer extension project is approximately 4075 feet excluding the 18`h Avenue roadway crossing. The abutting area served by the sewer extension is estimated at 120 buildable acres. The ultimate area served by the trunk main project in the sewer district sub -basin is estimated at 170 - 200 acres. g5 -\t,(wtir 1,2uul This report and the estimated costs for the project are prepared without the benefit of field surveys, soils boring or completed plans and specifications: Proiect Cost . Phase II &III Construction Items Units Cost/Unit Total Cost Street Construction Bit Pavement Removal SY 0 3 $0.00 Bituminous Base & Wearing Course - Tons 0 30 $0.00 Concrete Curb - LF 0 10 $0.00 Aggregate Base CY 0 15 $0.00 Clearing/Grubbing/Seeding/Restoration Lump 10000 $10,000.00 Utility Construction Manholes Catch Basin Aprons Hydrants F & I Sewer Pipe - LF F & I Watermain - LF F & I Storm Sewer - LF Utility Service Line(s) Sewer/Water Granular Backfill CY 8" X 4" Wye/Tee 18th Avenue Crossing Sub Total Engineering/Contingency/Interest 30% TOTAL Total less service connections REVENUE SOURCES Revenue Sources Connection/Assessment Charge Water Availability Charge Future Sewer Availability Charge Availablity Charges Applicable to Petitioner City Share TOTAL $24,000.00 $0.00 $0.00 $0.00 $150,775.00 $0.00 $0.00 $0.00 $0.00 $0.00 40000 $40,000.00 $224,775.00 $67,432.50 $292,207.50 $292,207.50 Total Revenue $35,403.51 $0.00 $ 96, 803.99 $100,000:00 $60, 000,00 $292,207.50 -3- AUOUti r 1, 2001 The total assessable frontage for the sewer project is estimated at 2050 front feet. However, according to the adopted policy there may be certain maximum payments, which would apply to some of the parcels. The Sewer Availability fee for each parcel is based upon $2500.00 per acre. The City's share, of $60,000 for the Project, includes oversizing of the pipes, unassessble frontage, and the extended financing cost resulting from the un-collected availability fees and connection charges after the project is completed. We recommend that the necessary costs to be collected for this project be done so in accordance with the existing connection charge policies and a $2500.00 per acre sewer availability fee for these Sewer Districts areas. The petitioner is requesting service prior to the orderly extension of sanitary sewer to his property so they may commence development immediately. We would recommend the petitioner pay their entire sewer availability fee prior to the commencement of sewer extension project. For this project to proceed the petitioner should enter into a development agreement. One of the components of the agreement shall be the collection of the proportionate share of the costs attributable to this project. This is estimated to be the Sewer Availability charge for 40 acres or $100,000 Though the City has an investment in the infrastructure in this area for this current project and the previous Phase I project, the City will recoup its total share of the project costs as additional lands, lying in the 170-200 acre sanitary sewer sub -district, develop and pay their availability charges. Submitted for your consideration: Michael J. Nigbur, LA Land Development Manager Douglas Nelson, PE Engineering Manager E r. -4- \1 (;I'S1 I.°lull BUDGET AND ASSESSMENT SCHEDULE FOR CONSTRUCTION CONTRACT Project No: Date (Orig.) J No: Description: Sanitary Sewer and Watermain extension to serve undeveloped land along 18'h Avenue SW Proiect Cost Summary Roadway Sanitary Sewer Water Main Storm Sewer Services Restoration 18th Avenue Crossing Subtotal Engineering/Cunt./ Interest Total Construction & Expense Project Connection Rate Distribution To be presently collected To be deferred/postponed City's Share Utility Share Municipal State Aid Total Revenue Sources Future Connection Charge Contract Project Budget Cost Final Cost $0.00 $174,775.00 $0.00 $0.00 $0.00 $10,000.00 $40,000.00 $224,775.00 $67,432.50 $292,207.50 $40.42 $100,000.00 $60,000.00 $0.00 $0.00 $292,207.50 Total Revenue $35,403.51 Z)O AL;(;L:.S 1 1, 2001 Sanitary Sewer Extension Approximately 4000 linear feet j Ending of Phase I Sewer ASO' -3 AT ROW4-(W-(:T W ST SW It! REQUEST FOR COUNCIL ACTION MEETING 91 11 DATE: 8/6101 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works 9 _:1A DESCRIPTION: Professional Engineering Services: Design of Bendel Road NW PREPARED BY: from 65th St NW to 55`h St NW (J-9815). D. Nelson The following project has been proposed for construction in 2002 and is included in the 2001 - 2006 Capital Improvement Program, item #25, page 34. Project No. M1-50, J-9815 "Reconstruct Bandel Road from 65th St NW to 55th St NW" SRF Consulting Group, Inc., Minneapolis, MN, proposes to provide Preliminary Design and Project Memorandum for $74,219,00; ($68,719.00 for their services plus $5,500.00 for soil borings and geotechnical evaluation). Final design plan and specification preparation will be contracted separately at a later date. SRF Consulting has been retained by the Minnesota Department of Transportation and Olmsted County to complete design efforts associated with TH52 interchange work at 751h St NW and overpass design at 65th St NW. As such, their involvement in this work has a direct impact on their qualifications and ability to timely complete the proposed work for Bandel Road area. Reconstruction of Bandel Road will be funded from Municipal State Aid funds and a Federal TEA-21 Grant of $500.000.00 COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to enter into a Professional Services Agreement with SRF Consulting Group, Inc. for Preliminary Design and Project Memorandum services in an amount not to exceed $74,219.00. INCIL ACTION: Motion by: second by: to. RO Reconstruct Bandel Road NW from 65th St to 55th St GEORO OWNINN 0.3 0 0.3 0.6 Miles IM E S REQUEST FOR COUNCIL ACTION MEETING l l DATE: 8/6/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO_ CONSENT AGENDA Public Works �.3Q _M DESCRIPTION: Reject Bids: Sanitary Sewer and Watermain to Serve the Crocus PREPARED 8Y: Hills Area, J9738lie J. Loehr Bids were received after 11:00 a.m., July 9, 2001 for the following local improvement project: Project No. MO-88, J9738 "Sanitary Sewer and Watermain to Serve the Crocus Hills Area." The following bids were received: 1. Elcor Construction $423,556.45 (low bid) 2. Winona Mechanical $452,891.00 3. Road Constructors $587,567.60 Engineer's Estimate $385,187.00 The Feasibility Report prepared for project J9738 and accepted by the City Council requires a construction cost of $267,425.00 for the project to be feasible under the Water Quality Protection Program (WQPP). This construction cost is necessary to maintain the per lot subsidy at or below the $15,000 maximum per lot subsidy provided in the WQPP. The Feasibility Report estimate was made prior to completed plans and surveys being made for the project. Since the bids significantly exceed the construction cost required to have the project deemed feasible under the WQPP, each Crocus Hills property owner cost would need to increase accordingly. If the Crocus Hills property owners desire to continue with the project, the costs for each property owner would increase from the Feasibility Report estimate of $19,228.00 to $33,011.50 (an increase of $13,783.50). On July 26, 2001 Public Works mailed each Crocus Hills property owner a letter explaining the project bids and the additional cost to each property owner based on the bids. The letter requested that the property owners contact Public Works if they desired to have the project proceed at an increased cost to each property owner. As of August 1, 2001 two Crocus Hills property owners contacted Public Works to indicate that they did not wish to proceed with the project. The Public Works Department recommends that the City Council reject the bids at this time. Public Works will review the scope of work to determine whether there is an alternative method of serving Crocus Hills at a cost consistent with the Feasibility Report. COUNCIL ACTION REQUESTED: 1. Adopt a resolution rejecting the bids for project J9738. Aft: Location Map .. JNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: q.:; 8/6/01 AGENDA SECTION: ORIGINATING DEPT! ITEM NO. CONSENT AGENDA Public Works D- 3 M DESCRIPTION: Request to advertise for Bids: Public Improvements to Serve Lots PREPARED BY• 23-32, Block 2 Sunnydale Subdivision, J9760 J. Loehr y This is a request for a resolution to advertise for bids. The bids will be received until 11:00 a.m. on Tuesday, September 11, 2001 at the office of the City Clerk and considered by the City Council on Monday, September 17, 2001 for the following project: Project No. M097, J9760 "Basic Construction to Serve Lots 23 through 32, Block 2 Sunnydale Subdivision". The estimated construction costs and expense of this project are as follows: Sanitary Sewer $154,600 Watermain 129,300 Service Connections 13,800 Sub -drain 23,400 Curb & Gutter/Street 41,750 Concrete Sidewalk 7,940 Bituminous Path 11,042 Sub -total $381,832 Engineering. Interest, Contingencies 114,550 Estimated Project Cost and Expense $496,392 • This Water Quality Protection Program project will be funded consistent with the funding sources outlined in the Feasibility Report prepared for the project. The Feasibility Report and funding sources were previously approved by the City Council. COUNCIL ACTION REQUESTED: A resolution should be adopted authorizing the City Clerk to advertise for bids and conduct a bid opening on September 11, 2001 at 11:00 AM, Attachment: Location Map Note to City Clerk: Advertise three times in the Post Bulletin and Construction Bulletin beginning August 17, 2001. UNCILACTION: Motion by: Second by: to: First Pentecostal Project Limits TmWY i< COLLEGE VIEW RO E 61 REQUEST FOR COUNCIL ACTION MEETING 4 � / 8/06/01 DATE: AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works p - 3;?, .._M DESCRIPTION: Advertise for Bids: (J9831) P FARED BY: Sidewalk Replacement in Southwest Rochester J1. Wellner This is a request for a resolution to advertise for bids for the following project: Project No. 2-2001 - Sidewalk Replacement in Southwest Rochester - J 9831 Project Background - The Department of Public Works inspects existing sidewalks on an on- going basis. Inspections are prompted by reported falls on the sidewalk, citizen complaint, and routine inspection. Sidewalk segments found to be defective based on a written set of criteria are marked and the abutting property is notified to make repairs as set forth in RCO Chapter 72. As a part of the notification to property owner, the property owner is given three options; (1) conduct the repair themselves, (2) hire a licensed contractor, or (3) have the City complete the work at a defined repair rate. Because of the difficulty in arranging for and contract with private contractors and the convenience and reasonable cost of the city -completed repair, many property owners opt for the city repair option. The backlog for the city concrete crew of sidewalk repairs resulting from the inspections in 1999 and 2000 is large and the City crew will not complete the current backlog until near the end of 2002. Staff continues to believe that the use of city staff to make needed repairs to sidewalks is the best alternative. The huge response by the property owners in selecting the city staff to complete the sidewalk repairs confirms this belief. However staff believes that the huge backlog resulting in up to 3 years delay in sidewalk repair is not acceptable. Staff also believes that curtailing routine inspections is not in the City's best interest. Therefore, staff recommends contracting with an independent contractor to complete a portion of sidewalk repair backlog allowing response time to be reduced to less than 1 year and to allow the return to routine inspections of existing sidewalks. This project is the repair of sidewalks in the southwest quadrant of Rochester. The estimated construction cost for the project is $ 157,639,40. Of the total cost, $101,722.14 will be recovered through bills to the property owners based on the rates provide in the original repair notification. The remaining amount is City share of the corner lot costs, city warrantee contribution, public property frontages and handicap ramp work. Staff recommends advertising this project for bid. COUNCIL ACTION REQUESTED: A resolution should be adopted authorizing the City Clerk to advertise for bids and conduct a bid opening on August 29, 2001 at 11:00 AM. Note to City Clerk; Advertise 3 times in the Post Bulletin and Construction Bulletin beginning August 10,2001. ....JNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE Ovi 08/06/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENTAGENDA PUBLIC WORKS M DESCRIPTION: AWARD OF CONTRACT: (J9610) PREPARED BY: Concrete Curb & Gutter and Overlay in 20th Street NW from 13th R. Kelm Avenue NW to Valkyrie Drive NW R.r Bids were received and opened after 11:00 a.m., July 18, 2001 for the following local improvement project: Project Number 6220-4-00,(J9610) Proiect Name Concrete Curb & Gutter and Overlay in 20th Street NW from 13th Avenue NW to Valkyrie Drive NW The following bids were received: Total Bid 1. Rochester Sand & Gravel $ 151,671.40 2. Road Constructors Inc. $ 156,898.25 Engineers Estimate $ 138,503.50 Project Background This project will involve the placement of concrete curb/gutter, bituminous street construction, storm sewer modifications, and associated sidewalk repairs. The existing street was constructed with bituminous curbing in 1964 and additions were made in 1977. The project feasibility report and assessments were approved during the November 20, 2000, City Council meeting. The project, engineering and construction will be funded with Special Assessments and General Street Resurfacing funds (J-2200). The Special Assessments account for 19.3% of the total project costs. Project Recommendation: The Public Works Department recommends the City Council proceed with an award to the low bidder. NU �U Project Location n aT \ I � ♦ qt COUNCIL ACTION REQUESTED: Adopted a resolution awarding the contract, " Concrete Curb & Gutter and Overlay in 20th Street NW from 13th Avenue NW to Valkyrie Drive NW " (J9610) to Rochester Sand & Gravel. UNCIL ACTION: motion by: Second by: to: BUDGET AND ASSESSMENT SCHEDULE FOR CONSTRUCTION CONTRACT Proiect No: 6220-04-00 Date: Julv 19 2001 J No: 9610 Description: 20TH STREET NW FROM 13TH AVENUE NW TO VALKYRIE DRIVE Feasibility' Cost Engineer Estimate Cost Contract Cost Final Cost Construction: Grading & Paving,Curb & Gutter $127 000.00 $112 161.00 $123 819.95 Sidewalk Replacement $5 100.00 $4 239,50 $4 618A5 Storm Sewer Repairs/Upgrades $29,000.00 $22,103.00 $23,133.00 Sub Total $161,100.00 $138,503.50 $151,571.40 En ineerin , Interest contingencies 30% $48 330.00 $41 551.05 $45,471.42 TOTAL 1 $209,430.001 $180.054.551 $197,042.82 Distribution: Special Assessments - Frontage $35 938.95 $35 938.95 $35 938.95 Special Assessments - Sidewalk $2 083.56 $2 083.56 $2 083.56 City Street Share $171 407.50 $142 032.05 $159 020.32 TOTAL $209,430.00 $180,054.55 $197,042.82 Distribution Percentages: Special Assessments t8.2% 21.1% 19.3% City Street Share 81.8% 78.9% 80.7% TOTAL 100.0%1 100.0%1 100.0% Notes: 1. Public Information Meeting Make Initial Disbursement from P. I. R. Fund File name = estimateals print date: 71IM001 REQUEST FOR COUNCIL ACTION MEETING DATE 08/06/01 ENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA PUBLIC WORKS D-3q .M DESCRIPTION: AWARD OF CONTRACT: (J9541) PREPARED BY: Curb, Gutter & Overlay on Green View Drive SW, Green View Place R. Kelr14�-, SW, and Green Field Lane SW Pk — U Bids were received and opened after 11:00 a.m., August 1, 2001 for the following local improvement project: Project Number 7104-99 (J9541) Protect Name Curb, Gutter & Overlay on Green View Drive SW, Green View Place SW, and Green Field Lane SW The followino bids were received: Total Bid 1. Rochester Sand & Gravel $ 438,845.03 2. Elcor Construction $ 459,431.00 3. Road Constructors $ 468,152.95 Engineers Estimate $ 522,530.50 Proiect Background The project feasibility report and assessments were approved during the April 2, 2001, City Council meeting. The existing street was constructed with bituminous curbing in 1971,77 & 78. This project will involve the placement of concrete curb/gutter, bituminous street construction, storm sewer modifications, and associated sidewalk repairs. The project, engineering and construction will be funded with Special Assessments and General Street Resurfacing funds (J-2200). The Special Assessments account for 35.6% of the total project costs. Project Recommendation: The Public Works Department recommends the City Council proceed with an award to the low bidder. COUNCIL ACTION REQUESTED: Adopted a resolution awarding the contract, " Curb, Gutter & Overlay on Green View Drive SW, Green View Place SW, and Green Field Lane SW " (J9541) to Rochester Sand & Gravel. COUNCIL ACTION: Motion by: Second by: to: BUDGET AND ASSESSMENT SCHEDULE FOR CONSTRUCTION CONTRACT Project No: 7104-99 Date: August 1 2001 J No: 9541 Description: Curb, Gutter, & Overlay on Green View Drive SW, Green View Place SW, and Green Field Lane SW Feasibility' Cost Engineer Estimate Cost Contract Cost Final Cost Construction: Grading & Paving, Curb & Gutter $517 900.00 $449 731.50 $367 303.88 Sidewalk Replacement $5 400.00 $27 244.00 $25 196.15 Storm Sewer Repairs/Upgrades $20 000.00 $45 555.00 $46 345.00 Watermain Replacement Watermain Service Replacement Sanitary Sewer Sub Total $543,300.00 $522,530.50 $438,845.03 Engineering, Interest C $62703.66 $52661.40 TOTAL $608,496.00 $585,234.16 $491,506.43 Distribution: Special Assessments - Frontage $168 152.09 $168 152.09 168 152.09 Special Assessments - Sidewalk $6 826.45 $6 826.45 $6 826.45 Special Assessments - Service Replace Water Utility Funds Sanitary Sewer Utility Funds Ci Street Share $433 517.46 $410 . 27.4389 5. TOTAL $608,496.00 $585,234255.62 16 $491,506316 Distribution Percentages: Special Assessments 28.8% 29.9°% 35.6% Ci Street Share 71.2°% 70.1 °% 64.4°% TOTAL loo.0%1 100.0% 100.0°% Note: 1. Public Information Meeting Make Initial Disbursement from P. L R. Fund Poe name • pnm IM01 a.xls eaa: uraaat REQUEST FOR COUNCIL ACTION MEETING DATE: (or ' 08/06/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D - 3 5 ,, "A DESCRIPTION: ADVERTISE FORBIDS: (J4365) PREPARED BY: Reconstruction of North Plant Road For Waste Reclamation Plant R. Kelm,,,. This is a request for a resolution to advertise for bids for the following project: Project Number 9207-99 (J4365) Project Name Reconstruction of North Plant Road For Waste Reclamation Plant Project Background The investigation work on the Landfill and Sludge Lagoon remediation project (J4362, line 1, page 48 in the 1998-2003 CIP) resulted in the following addition of road reconstruction work. A section of concrete pavement on the north plant road was severely cracked and settled as a result of being built on what is now known to be the old landfill site. Proper concrete road remediation work was added to the original Landfill and Lagoon project. After the Contractor completed excavation and subgrade correction measures, Public Works halted the completion by the Contractor. The gravel base was allowed to settle until no further visible settlement was found (approx. 1 '/_ -2 years). Project costs to complete the paving operations were withheld from the original contract amount and the Contractor was relieved from that obligation. The road section concrete paving operations are now prudent to request an advertisement of this work. This project is to be funded with the remaining funds previously withheld by (J4362). Project Location G� 'o i Sta L� ..-i•. i niiiiiui SV ZP AIM i — �sy�'�. ::. � �'Ea Yv} to `1 • COUNCIL ACTION REQUESTED: A resolution should be adopted authorizing the City Clerk to advertise for bids and conduct a bid opening on August 29; 26 1`: at 11:00 AM. Note to City Clerk; Advertise 3 times in the Post Bulletin and Construction Bulletin beginning August 6, 2001. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT.: Public Works-o ITEM NO. =M DESCRIPTION: Parking Restriction requested on 8"' Street SW / 900 block PREPARED BY:� j �K D. Rossman The City has received a request to install "No Parking from 9:00 am to 10:00 am" on 8" Street SW. The request came thru the Mayor's office. It was followed up with a postal survey to determine the level of support. The residents state that All Day parking by employees and contractors is filling up all the available parking spaces. This type of parking restriction is inplace on several blocks to the north of 8th Street, and the residents think it would work just fine for them also. The petition has the following support amongst the abutting property owners or residents: Block street/row postal survey # of owners % in favor Width For Against 8" Street SW / 900 block 30.5/75 3 0 6 50 % This is a local residential street. Traffic volumes are estimated at less than 200 vehicles per day. This request has been discussed with the City Police. This is their response. "We do have a problem with these types of requests because it means that parking control has to be in several places at one time. In order to have an impact on the problem we have to have consistent enforcement.' The one -hour time span does not give them sufficient time for enforcement of all these early morning zones if their people happen to be called to go to another spot. Therefore, they would like to see a gradual conversion of all the streets in this area that have the 9am to 1 Oam restriction to the Permit Parking 8:00am to 4:00 pm Monday thru Friday. Staff would recommend in favor of the petition, with the idea that the entire neighborhood be contacted and converted to the Permit Parking Zone. COUNCIL ACTION REQUESTED: Adopt the prepared resolution amending section B "No Parking Zones" of the Comprehensive Traffic and Parking Resolution Book as follows; Add paragraph (169.4) 8' Street SW / on both sides of the street, from Ninth Avenue to Tenth Avenue, from 9:00 am to 10:00 am Monday thru Friday. Amend Paragraph (178.7) 10`h Avenue SW on both sides of the street, from Sixth Street to Eighth Street, from 9:00 am to 10:00 am Monday thru Friday. !UNCIL ACTION: Motion by: Second by: to: 7STSW 8 STSW REQUEST FOR COUNCIL ACTION MEETING (OJ DATE: 8-6-01 AGENDA SECTION: ORIGINATING DEPT.: CONSENTAGENDA IPublic Works 1A DESCRIPTION: Parking Restriction requested on Clearwater Rd NW / 5500 block ITEM NO. spa D-37 PREPARED BY: 3iL D. Rossman The City has received a request to restrict parking on one side of Clearwater Road from Whalers Lane NW to 55" Street. The reason is to allow a right -turning vehicle to bypass a thru or left -turning vehicle waiting at the stop sign at 551" Street. The request came thru the Mayor's office. It was followed up with a postal survey to the abutting property owners to obtain their opinion. The following chart shows their responses and the data for the street Block street/row postal survey # of owners % in favor Width For Against Clearwater Road NW 36 /66 0 2 2 0 % This is a local residential street. Traffic volumes are 600 vehicles per day. However, during the peak times there is some delay to the thru and left -turning vehicles, which can add delay to the right -turning vehicles. In addition, there are times when the Church located to the north of the Harborage subdivision will generate a peak traffic demand on this approach. One resident wrote back stating that the restriction would just push the parking up to the Clearwater — Whalers Lane intersection. This may be correct, but the restriction proposed will create sufficient room for the right -turning vehicle to escape. The second resident responded to the area council member. Staff would recommend in favor of the request and would place the restriction on the west side of the street. A restriction on the west side does not directly affect either resident. Both will still have front door parking. COUNCIL ACTION REQUESTED: Adopt the prepared resolution amending section B "No Parking Zones" of the Comprehensive Traffic and Parking Resolution Book as follows: Add paragraph (303.4) Clearwater Road NW / on the west side of the street, from 55 h Street to Whalers Lane NW, at all times. INCIL ACTION: motion Second W r -pArFKIAJ 1 T.254r,��j" Ike„grWR4r 7d Nbi 'u + REQUEST FOR COUNCIL ACTION MEETING 10 DATE: 8/06/01 AGENDA SECTION: ORIGINATING DEPT: I ITEM NO: nsent Agenda Water Reclamation Plant EM DESCRIPTION: Bids for the Administration Building HVAC PREPARED BY: Upgrade at the WRP Lyle J. Zimmerma 1 The HVAC air handling unit at the Water Reclamation Plant is approximately 20 years old, no longer serviceable, and needs replacement. At the time the 2001 Budget was developed it was assumed this work could be done under building maintenance in the operating budget. As the project was designed it was discovered that other equipment needed replacement to bring the system up to current codes. In addition, other changes where made to separate the air handling in the plant's laboratory to prevent odors and fumes from migrating throughout the building. Because the size and scope of the project changed this work will be done as a capital improvements project and paid for out of retained earnings. Bids were received on July 27, 2001 as follows: Rochester Plumbing and Heating $171,355.00 Tessier's Inc. $169,000.00 HiMEC, Inc. $151,500.00 The Engineer's estimate was $132,391. Council Action Requested: It is requested that HiMEC, Inc. of Rochester, Minnesota be awarded a contract for $151,500 to complete the Administration Building HVAC Upgrade project at the Water Reclamation Plant. COUNCIL ACTION: Motion by: Second by: To: ENDA Public Hearings REQUEST FOR COUNCIL ACTION uKIUINATING DEPT: Finance Department M DESCRIPTION: Giving Preliminary Approval to the Issuance of Tax Exempt Care Facility Revenue Bonds on Behalf of Mayo Foundation MEETING 1 Dr DATE: 8/6/01 .01( Dale Martinson The purpose of this hearing is to consider a proposal from Mayo Foundation that the City issue tax exempt revenue bonds in an approximate aggregate principal amount of up to $250,000,0o0 ($2ax million). They are requesting preliminary approval at this time with final approval scheduled for the 50 August 20d' council meeting. The requested financing would be used to a) continue their "Practice Integration Project" (Gonda, and expansion/remodeling of existing facilities in downtown Rochester), b)acquisition and construction of a parking ramp at 3`d Avenue NW and I't Street NW, and c) expansion of the Corporation's steam capacity facilities at 233 3`d Street NW (RPU/Mayo Project). If approved at the hearing, these bonds would be considered "limited obligations" of the City. Repayment of the bonds and any interest on the bonds would be payable solely from the revenue pledged by Mayo Foundation for repayment. No bondholder could ever require the City to use its taxing powers to repay the bonds. We would, again, obtain "issuers" bond counsel, separate from Mayo's bond counsel to protect the City's interest in this financing. This issue would also cause the City to exceed the $10 million annual limit on issuance of "bank qualified" tax exempt debt. The City will therefore require an agreement that would specify reimbursement to the City for any higher interest costs we might incur for non -bank qualified debt in the issuance of bonds for our own capital improvements, or for the refunding bonds called for elsewhere on this agenda. The preliminary application is on file with the office of the City Clerk. A representative from Mayo Foundation will be available at the hearing to address any questions that may be raised. Recommendation: Adopt the attached resolution giving preliminary approval to the issuance of tax-exempt revenue bonds on behalf of Mayo Foundation and authorizing preparation of necessary documents. C( '1IL ACTION: Motion by. Second 19 7-o REQUEST FOR COUNCIL ACTION MEETING t �l B-6-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARING PLANNING a :M DESCRIPTION: Final Plat #01-13 to be known as Fox Hill Subdivision. PREPARED BStnior Y: Mitzi A. Baker, August 1, 2001 Staff Recommendation: The Planning Staff has reviewed the submitted final plat and recommends approval subject to the following conditions: 1. Within thirty (30) days of final plat approval, the applicant shall provide the Planning Department with the names of the members of the Architectural Review Committee. individuals named to the Committee shall be appointed to serve for no less than one year. 2. Prior to recording the final plat documents, the remainder of the necessary right-of-ways (i.e. Fox Knoll Drive SW) shall be dedicated or established by other means and provided to the City. 3. "No Parking" zones shall be posted as identified on the Yaggy Colby Associated drawing "G" dated May 20, 2001, which has been reviewed by the Rochester Public Works Department. 4. Parkland dedication shall be met via cash in lieu of land in the amount of $18,250, as identified in the June 29, 2001 memorandum from Rochester Park and Recreation. 5. The following documents shall be recorded concurrent with the final plat documents (mylars) with recording fees paid by the applicant: 'Articles of incorporation of Fox Hill Neighborhood Association" "Declaration of i Fox Hill Neighborhood Association", "Bylaws of Fox Hill Neighborhood Association", "Declaration of Covenants, Restrictions and Conditions of Fox Hill Subdivision". Council Action Needed: 1. if the Council wishes to proceed a resolution approving the plat can be adopted. Attachment: 1. Staff Report dated August 1, 2001 Distribution: 1. City Clerk 2. City Attorney 3. Planning Department File 4. Applicant: This item will be considered sometime after 7:00 p.m. on Monday August 6, 2001, in the Council/Board Chambers at the Government Center, 151 4th Street SE. 5. Christine Schultze 6. Yaggy Colby Associates JNCIL ACTION: Motion by: Second by: Wes. to: h w 7_o. ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 CQ„„T, OF www.olmstedcounty.com/planning TO: City Planning and Zoning Commission FROM: Mitzi A. Baker, Senior Planner DATE: August 1, 2001 fNw�al�lh�� � uvtrY� RE: Final Plat #01-13 to be known as Fox Hill. The Plat proposes to subdivide approximately 16.66 acres of land to dedicate right-of- way for new public roadways and lots for single family development. The property is located in the Fox Knob Special District, located south of Fox Valley Drive SE, east of the Fox Croft subdivisions and west of the Baihly Heights and Baihly Woodlands Subdivisions. Planning Department Review: Applicant/Owner: Designer: Engineer: Referral Comments: Report Attachments: Development Review: Location of Property: John Klopp Wynnwood Company 1530 Greenview Drive SW Rochester. MN 55902 Christine Schultze, AIA 500 Eighth Ave. SW Rochester, MN 55902 Yaggy Colby Associates 717 Third Ave. SE Rochester, MN 55904 1. Rochester Department of Public Works 2. Rochester Park & Rec. Dept. 1. Referral Comments 2. Copy of Final Plat The area includes approximately 16.66 acres of land located south of Fox Valley Drive and between the Foxcroft and Baihly Heights and Baihly Woodlands BUILDING CODE 507/285-8213 • GIS/ADDRESSIIY49l AVPIl}�i tbii 285-8232 • HOUSING/HRA 507/285-B224 . ow- PLANNING/ZONING 507/285-8232 • WELUSEPTIC 507/285-8345 ^L� FAX 50W287-2275 (v AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 August 1, 2001 Zoning: The property is zoned SD-4 Fox Knob Special District Proposed Development: This plat proposes to subdivide approximately 16,66 acres of land into 30 lots for single family development and four (4) outlots. This final plat includes most of the land included in the preliminary plat, with the exception of eleven (11) lots and the alley located along the eastern boundary of the Special District and preliminary plat. Streets: The Plat proposes to dedicate right-of-way for several new roadways, and a portion of right-of-way for Fox Valley Drive. Roadway widths and designs were included as part of the approved Special District and General Development Plan for the property. Utilities: Utilities are available to serve the subdivision within the existing Fox Valley Road right-of-way. Construction plans have been approved. Sidewalks: In accordance with current City policy, sidewalk is required along all roadways being dedicated in this plat, including those areas adjacent to outlots. Drainage: The plat incorporates storm sewer pipes that will convey storm drainage to storm sewer in Fox Valley Drive. A grading plan has been approved for this plat. Wetlands: Minnesota Statutes require that all developments be reviewed for the presence of wetlands or hydric soils. There do not appear to be hydric soils within this plat. Spillover Parking: The spillover parking requirements for this development would be 36 parking spaces. The proposed roadways, as well as individual driveways, should be adequate to accommodate the required spillover spaces. Parkland Dedication: Parkland dedication requirements for this development should be met though cash in lieu of land. General Development Plan: This property is part of the Fox Knob General Development Plan (GDP) and Fox Knob Special District (SD), approved by the City. The Plat is generally consistent with the approved GDP and SD. 113 Page 3 August 1, 2001 Preliminary Plat: The Preliminary Plat for this property was approved in June 4, 2001, subject to the following modifications or conditions: 1, The platting of partial width right-of-ways is prohibited except where the remainder of the necessary right-of-way has already been platted, dedicated or established by other means (Sec. 64.128 of the LDM). This preliminary plat shall either be revised to include dedication of the entire right-of-way for roadways, OR the remainder of the necessary right-of-ways shall be dedicated or established by other means and provided to the City prior to Final Plat application. 2. Easements necessary for infrastructure improvements outside of this plat, which are required for the development of this property, must be provided to the City prior to development. 3. Conditions of the General Development Plan for this property still apply, applicable conditions must be met prior to application for a Final Plat. 4. The final plat shall identify all right-of-way/roadway segments with a roadway name designation (see May 22, 2001 comments from Planning Department Addressing Staff). Staff Review and Recommendation: Staff has reviewed this Final plat for compliance with the applicable regulations and recommends approval subject to the following conditions/modifications: 1. Within thirty (30) days of final plat approval, the applicant shall provide the Planning Department with the names of the members of the Architectural Review Committee. Individuals named to the Committee shall be appointed to serve for no less than one year. 2. Prior to recording the final plat documents, the remainder of the necessary right-of- ways (i.e. Fox Knoll Drive SW) shall be dedicated or established by other means and provided to the City. 3. "No Parking" zones shall be posted as identified on the Yaggy Colby Associated drawing "G" dated May 20, 2001, which has been reviewed by the Rochester Public Works Department. 4. Parkland dedication shall be met via cash in lieu of land in the amount of $18,250, as identified in the June 29, 2001 memorandum from Rochester Park and Recreation. 5. The following documents shall be recorded concurrent with the final plat documents (mylars) with recording fees paid by the applicant: 'Articles of Incorporation of Fox Hill Neighborhood Association" "Declaration of Fox Hill Neighborhood Association", "Bylaws of Fox Hill Neighborhood Association", "Declaration of Covenants, Restrictions and Conditions of Fox Hill Subdivision". REMINDER TO APPLICANT., Parkland dedication fees must be paid prior to recording of final plat documents. 1V1d ANYMN11Hd v3Os3NNWRS3HDOa 111H XOJ I N £ a $ _qE"s:£ a B!agEaENEY sVl�o. sLa o'CEI.a.F1'�yR �X E p iL€YRoy$ S d o3 '� Eb{a�. EECX: fi N g� FSonLEoa Pa £¢o Y o Fa �g �9o.c azm'on `oX � }2 4 { ! \ \(auld isle \is !i u ; \ \ / � \ \ } { � | ( . )� "V7 | \) § � <--Z �F�4�; iyyt- ?d9 � •1 G I�I� �E� €.C6 4g4g jai 8 yy[= 3333 �P- 8 x jov��3�;j hill. � 3E 863 iF� ] V�p•{ SLd 4-- z z O 0311VIdNn N v I�q N 0 �O. GOI�b Q • Y 17 y .yv t p p1 \\ mYO1dN f Y 1f1 J 1'l1Y mx'N4 Vu bnl A \ 0n n tY Q Y O n mom` l5'f4£ ,IZ,Lt.fiLt soap qN �mn°�ly r 8,110 0 i' .�arct2.00 ry bo PN Yi�a!m A 3 �aa rct2ia i v\ :a,�c9Z,ZZ19Z � JcrcUU, •�� \ .u7 n'i -y •e t£9af . a. .tc.11.Ut I.n 96 N _ tfap' .ISnul il.lttlkl.... A t N r p,41 x d MS 3nN3AV %03 A3N0 2 {\-- EN ml axnoo aor. — i a B - rnl EY ` Yq Ml .I 0L tea' o l ,."_ I "' "'' � o "+ a ��� ,• O _N � Y i R CIO li tYl E ~ Q ' � x Auto fi � ,•�'�� d �Tn A1L Z I i .WSL4t1 q MS 30V1d 111H %07J B 11� 9 E' N e / Mop 1p{pl O«1 bN� Tlll i, Z9'4LL .90.2L.69£ o -' R om mo � 0311vidnn ic6pp E a 0 OCHESTER i'V/innedota DEPARTMENT OF PUBLIC WORKS 201 4s' Street BE 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: 7/20/01 The Department of Public Works has reviewed the application for Final Plat #01-13 Fox Hill on the Wynnwood Company fu/o GDP#114) property. The following are Public Works comments on the proposal: 1. An AMENDED Development Agreement has been executed for this property. 2. 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. 3. The Owner is required to construct pedestrian facilities, consistent with City Ordinance, along the frontages of all new public streets within Fox Hill. Furthermore, the construction and maintenance of sidewalk along the frontages of all Outlots, and the connection across the central court Outlot'D', shall be the Owner's responsibility. 4. "No Parking' zones shall be as identified on the Yaggy Colby Associates Drawing 'G', dated 5/20/01. Charges/fees applicable to the development of this property are addressed in the existing Development Agreement, with the exception of: Contribution for Seal Coat @ $0.45 per square yard of public street surface. Street signs as determined by the Traffic Division 10 Street Name Signs 16 No Parking Signs 1 Stop Sign 1 Street Ends Sign C:ltemp1FP01-13 Fox Hill (GDP 114 Fox Knob).doc ROCHESTER PARK AND AREATION DEPARTMENT 201 FOURTH STREET SE ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 DATE: June 29, 2001 TO: Jennifer Garness Planning RE: Fox Hill Final Plat # #01-13 Number of dwelling units ............................................. 30 units Density factor............................................................ .0244 Dedication............................................................... .73 acres Fair market value of land ............................................. $25,0001a The Park and Recreation Department recommends that dedication requirements be met via: Cash in lieu of land in the amount of $18,250 (.73 a x $25,0001acre) with payment due prior to recordation of the plat. Applicant: Wynwood Co 1530 Greenview Drive SW 0:\DST0TZ\2001\1)EDICATI0N\SW 2897\FOX HILL 1ST.DOC REQUEST FOR COUNCIL ACTION MEETING rpZ DATE 8-6-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING S s3 M DESCRIPTION: Final Plat #01-30 to be known as RC Properties PREPARED BY: Subdivision Brent Svenby, August 2,2001 Planning Department Review: See attached Staff Report dated August 2, 2001. The Planning Staff has reviewed the submitted final plat and would recommend approval subject to the following conditions: 1. Stormwater management must be provided. Grading and drainage plans will be required for review and approval at the time development is proposed on Lot 2, and a Stormwater Management fee will apply if on -site detention is not provided, for any new areas of impervious surface associated with the development of this property. 2. Prior to the submittal of the final plat documents, the applicant shall work with the Rochester Public Utilities to identify all necessary easements for future watermain to serve Lot 2. The applicant shall either revise the final plat to add the easements or grant them with a site development plan whichever is deemed acceptable by Rochester Public utilities. 3. The plat shall be revised to include the existing utility easement for the existing trunk relief line sewer that crosses the southerly edge of Lot 2. Council Action Needed: 1. A resolution approving the plat can be adopted. Enclosures: (To be submitted separately to the City Clerk by the Planning Staff upon receipt from the applicant) 1. City Clerk's Copy of Applications 2. Recording(Treasurer/Auditor's Statement 3. Recording Fee 4. Title Opinion 5. 1 Original Plat Mylar 6. 3 Mylar Copies of Plat Attachment. Staff Report dated August 2, 2001. Distribution: 1. City Attorney 2. Planning Department File 3. Planning Department — GIS 4. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, August 6, 2001, in the Council/Board Chambers at the Government Center, 151 4th Street SE. 5. McGhie & Betts, Inc. COUNCIL ACTION: Motion by: Second by: to: 3 �i�n� utf L_[. - .IL . / . 0 gi d 1� ilk S 6 Hill i 15 g S[. � � a� 15p� [■9 ! a � j � ! 9 tBl a i A -S g ai � jB3 ..._ ._.. ..._. M 1tX= N ..... .. _zz __._ l �ib3M,_WIMN iS l8h tnK ` O iY 1 -i y„a 0 C L �� o q • -------- N W` {B`LBI Rruz Cd M .�G£8p MRLAD S A n n N !�I JUL 2 4 2001 l U a r i ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 0 0 0 N T Y OF www.cimstedcounty.com/planning TO: Rochester Common Council FROM: Brent Svenby, Planner DATE: August2,2001 RE: Final Plat #01-30 to be known as RC Properties Subdivision Planning Department Review: Applicant/Owner: Surveyors/Engineers: Referral Comments: Report Attachments: Plat Data: Location of Property: Zoning: Proposed Development: RC Properties, Inc. Attn: Roger Carlsen PO Box 143 Kasson, MN 55944 McGhie & Betts, Inc. 1648 Third Ave. SE Rochester. MN 55904 1. RPU Water Division 2. RPU Operations Division 3. Rochester Public Works 4. Rochester Fire Department 5. Rochester Public Works Department 6. Planning Dept. - Wetlands 1. Referral Comments ( 3 Letters) 2. Location Map 3. Copy of Final Plat own yV u UNION This plat is located along the south side of 7'h St. NW. east of 11thAvenue NW. The property is zoned M-1 (Mixed Commercial - Industrial). The property is being re -subdivided to divide one lot into two. Currently the Ye Olde Butcher Shoppe is on the northern portion of the site. Streets: There are no new roadways beinm dedicated with this Plat. The Lot 1 is served from 7 Street NW. There is a recorded access easement which provides access to Lot 2. The easement runs along the property to the east. BUILDING CODE 507/285-8213 • GIS/ADDRESSINGIMAPPING 5071285-8232 • HOUSING/HRA 507/265-8224 w� PLANNING/ZONING 507/285-8232 • WELUSEPTIC 507/265-8345 FAX 507/287-2275 «yww AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 August 2, 2001 Drainage: Grading and drainage information for this re -plat was reviewed by the Rochester Public Works Department prior to plat submittal. Grading and Drainage issues will need to be reviewed and approved prior the approval of any future development that is proposed on the site. 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: Execution of a city -Owner Contract and dedication of applicable utility easements will be required if the extension of public watermain and/or the addition of hydrant(s) is required for the development on Lot 2. Spillover Parking: Parking requirements for this property will be reviewed at the time specific development is proposed on Lot 2. Parkland Dedication: No parkland dedication is required for this plat. General Development Plan: There is no General Development Plan for this plat. Preliminary Plat: There was not a preliminary plat for this property. No new right-of-way is being dedicated with this Plat and there is not a need to provide connections through this plat to adjacent properties. Planning Staff and Recommendation: The Planning Staff has reviewed the submitted final plat and would recommend approval subject to the following conditions: 1. Stormwater management must be provided. Grading and drainage plans will be required for review and approval at the time development is proposed on Lot 2, and a Stormwater Management fee will apply if on -site detention is not provided, for any new areas of impervious surface associated with the development of this property. 2. Prior to the submittal of the final plat documents, the applicant shall work with the Rochester Public Utilities to identify all necessary easements for future watermain to serve Lot 2. The applicant shall either revise the final plat to add the easements or grant them with a site development plan whichever is deemed acceptable by Rochester Public utilities. 3. The plat shall be revised to include the existing utility easement for the existing truck relief line sewer that crosses the southerly edge of Lot 2. Note: The property is subject to development charges, outlined in the memo dated August 1, 2001 from the Rochester Public Works Department, which are due prior to%oncurrent with insurance of any connection permits for sewer and water to serve this subdivision. 1a s JA1 ROCHESTER i'V JinnaJota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DATE: 8/1/01 REVISED 8/1/01 Added Comment 46 DEPARTMENT OF PUBLIC WORKS 201 4t' 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 #01-30 on the RC Properties Subdivision (Renlat of Lots 4 & 100, & p/o Lot 2 in Auditor's Plat `B'). The following are Public Works comments on the proposal: 1. Grading & Drainage Plan review & approval will be required during the review process for development of proposed Lot 2, Block 1. A Storm Water management Charge will apply, if on -site detention is not provided, for any new areas of impervious surface associated with the development of this property. 2. The Owner is required to submit to Public Works and to Planning, a copy of an access easement for Lot 2, Block 1. 3. Execution of a City -Owner Contract, and dedication of applicable utility easement(s) will be required if the extension of public watermain and or the addition of hydrant(s) is required for development of this property. 4. The Development charges identified below are due prior to / concurrent with issuance of any connection permits for sewer & water to serve this subdivision. 5. There will be charges associated with reconstruction of 71s St NW that will be applicable to Lot 2, as well as, Lot 1 of this Subdivision. 6. Note: there is an existing trunk relief line sewer that crosses the southerly edge of Lot 2. The easement for this utility needs to be shown on the Final Plat. This comment had been inadvertently omitted from our original comments. Charges/fees applicable to the development of this property include the following (Note: The rates below are adjusted August 1" each year. The Owner will be responsible for payment of the applicable charges based on the rates in place at the time of payment.): Water Availability Charge (WAC) for Lot 2, Block 1@ $1653.67 per acre Sewer Availability Charge (SAC) for Lot 2, Block 1 @ $1653.67 per acre Sanitary Sewer Connection Charge for Lot 2, Block 1 (if connection is made to the south) @ $41.63 per foot of frontage Stormwater Management, if on -site detention is not provided = TBD 4• Future Assessments / Charges for 7"' St NW reconstruction applicable to Lot 1, and Lot 2 of this Subdivision. C:9emp%FP01-30 RC Properties Subd.doc rpu we pledge, we deliver August 1, 2001 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Type III, Phase I, Final Plat #01-30 by RC Properties to be known as RC Properties Subdivision, Dear Ms. Gayness: Our review of the referenced final plat is complete and our comments follow: Water service to this property is only available along 71h St. NW. A water main extension will more than likely be needed to serve the proposed Lot 2, Block I along with a public utility easement. This should be addressed now as it may affect the adjacent lots. Please contact us at 507-280-1600 if you have questions. Very truly yours, rs^.� ".,A 1 `�lo '. , Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention raI Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 14 • J, XOCHH.-L ET EAR. 1if Y`P ALI-AWMCA CRY ROCHESTER - ti DAVID A. KAPLER, Chief Rochester Fire Department 201 4th Street SE, Room 10 Rochester, MN 55904-3726 (507)285-8072 FAX 1f(507) 285-8256 DATE: July 31, 2001 TO: Jennifer Garness, Planning FROM: Lyle Felsch, Deputy Chief SUBJECT: Final Plat #01-30, RC Properties Subdivision, located south of 71h Street NW and east of 11th Avenue NW. With regard to the above noted general development plan, the fire department has the following requirements: An adequate water supply shall be provided for fire protection including hydrants properly located and installed in accordance with the specifications of the Water Division. Hydrants shall be in place prior to commencing building construction. 2. Emergency vehicle access roadways shall be serviceable prior to and during building construction. 3. All buildings are required to display the proper street address number on the building front, which is plainly visible and legible from the street fronting the property. Number size must be a minimum 4" high on contrasting background when located on the building and 3" high if located on a rural mail box at the public road fronting the property. Reflective numbers are recommended. c: Donn Richardson, RPU, Water Division RC Properties, Inc. Box 143, Kasson, MN. 55944 McGhie & Betts, Inc., 1648 3rd Avenue SE, Rochester, MN 55904 REQUEST FOR COUNCIL ACTION r' Tc7 aayl73NJ N9J e F PUBLIC HEARINGS ORIGINATING DEPT: PLANNING M DESCRIPTION: Amendment to General Development Plan # 123, known as Southern ..moods, by Southern Woods Development LLC. The amendment proposes to modify the type of development proposed in the southern portion of the GDP, including roadway alignment and identification of townhome style development and R-IX (Mixed Single Family Extra) district, The property is located south of 48th Street SW and Southern Woods Third Additinn_ and wasf of 11th Avpnue SW MEETING 10 1 DATE: 08-06-01 ITEM NO. PREPARED BY: Theresa Fogarty, Planner .'-� August 1, 2001 City Planning and Zoning Commission Recommendation: On July 11, 2001, the City Planning and Zoning Commission reviewed the Amendment to General Development Plan #123. The Commission reviewed this proposal according to the criteria listed in Paragraph 61.215 of the Zoning Ordinance and Land Development Manual. Mr. Staver moved to recommend approval of Amendment to General Development Plan #123, Known as Southern Woods, by Southern Woods Development LLC based on staff findings and condition. Mr. Quinn seconded the motion. The motion carried 8-0, with Mr. Ohly abstaining. Condition: 1. Previously imposed conditions of approval continue to apply to this General Development Plan and the proposed amendment. running Staff Recommendation: See attached staff report dated July 6, 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. 2. 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. Attachments: 1. Staff Report dated July 6, 2001. 2. Minutes of July 11, 2001 CPZC Meeting Distribution: 1. City Clerk 2. City Administrator 3. City Attorney 4. Planning Department File 5. Applicant: This item will be considered some time after 7:00 p.m. on Monday, August 6, 2001 in the Council / Board Chambers in the Government Center at 151 4th Street SE. 3G Engineering e COUNCIL ACTION: Morn by: Second bs to: W Zone Change #01-07 GDP Amendment #97-123 Southern Woods Subdivision 1,000' Notification Distance Ward 1 Hanson 06/14/01 4,e sW \ it ROAC f l3( REVISED GENERAL DEVELOPMENT PLAN SOUTHERN WOODS SnDPMIDN SWnONS 26.O5 ROCHESM ]ONNSMP REVISE wum x sauranx xvms n.no xownox ..<nap �., m..xx.e.e p.i m..roi. dn,.�.a wnniy, uwrem �'� r a��nG G G nluw r 11 Rot.nESTER-OLNISTED PLANNING DEP. ,,.MENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 CC U„T y OF www.olrnstedcounly.com/planning TO: City Planning and Zoning Commission FROM: Theresa Fogarty, Planner DATE: July 6, 2001 RE: Amendment to General Development Plan #123 known as Southern Woods Planning Department Review: Applicant/Owner: Southern Woods Development LLC 3552 West River Parkway Rochester, MN 55901 ...00NESTEN•Ar. 114 TED•A UGUSK Designers: GGG, Inc. 14070 Highway 52 SE Chatfield, MN 55923 Size and Location: The proposed amendment includes approximately 17.6 acres of land, located south of 48` Street SW and Southern Woods Third Addition and east of 111" Avenue SW (County Road 147). The entire General Development Plan encompasses approximately 119 acres of land. Existing Land Use: The site is presently undeveloped land. Proposed Use: The proposed GDP amendment encompasses approximately 17.6 acres of land. The approved GDP shows 37 single family lots while the proposed amendment is to have lots for 2 unit - townhomes and 11 lots single family detached dwellings. Land Use Plan: This property is identified for "Low Density Residential" uses on the Rochester Urban Service Area Land Use Plan Map. Zoning: The property is zoned R-1 (Mixed Single Family Residential) district on the City Zoning Map in the NW and SW portion of the property and AG (Agricultural) district on the City Zoning Map in the SE portion of the property. The applicant has filed a zoning district amendment to rezone a portion of the property from AG to R-1 x (Mixed Single Family Extra) zoning district. BUILDING CODE 5071285-8213 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSINGMRA 5071285-8224 •«rawwr« PLANNING/ZONING 507/285-8232 • WELUSEPTIC 507/285-5345 Q7D FAX 507/287-2275 01 AN EOUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 • • Amended GDP #123 July 6, 2001 Roadways: The Plan proposes to change the roadway alignment along the western portion of the amended GDP request. The roadway will continue to provide access to 11v' Avenue SW (County Road 147), but will align further to the south. Pedestrian Facilities: In accordance with City policy, pedestrian facilities are required along both sides of all new street within the development. A Development Agreement has been executed for this property. Drainage: The approved General Development Plan identifies storm sewer collection points and sediment and detention ponds on the site. The property generally drains 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. An Environmental Assessment Worksheet (EAW) was previously submitted with the General Development Plan for Southern Woods. The EAW indicated highly erodable soils and wetlands. All wetland issues were addressed through previous plats. Public Utilities: The area of the proposed amendment is within the Airport High Level Water System Area, which is available for connection at the previously planned intersection with 11'h Avenue SW. The watermain in the cul-de-sac street must be looped. Parkland Dedication: Parkland dedication is addressed in the executed Development Agreement. Referral Comments: 1. Rochester Public Utilities - Water Division 2. Rochester Public Works Department 3. Rochester Fire Department 4. Olmsted County Environmental Services Report Attachments: 1. Referral Comments (4 letters) 2. Location Map 3. Approved GDP Map 4. Proposed GDP Map 5. Findings of Fact — Conditions of Approval for General Development Plan ✓ Page 3 • • Amended GDP #123 July 6, 2001 Summary: This General Development Plan (GDP) amendment encompasses approximately 17.6 acres of land. A zoning district amendment has also been filed for a portion of this property. The zoning district amendment is only for 10.37 acres of the 17.6 acres. The Rochester Urban Service Area Land Use Plan designates this property as appropriate for "Low Density Residential' types of uses. The applicant is proposing to amend the approved GDP to modify a roadway alignment and access location to 11'h Avenue SW and also to identify approximately 10.37 acres for townhome development. 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 as follows: 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 a low density residential development, which is consistent with the land use designation on the Rochester Urban Service Area Land Use Plan. A Zoning District amendment is being considered for a portion of this property, concurrent with this GDP. If the amendment is approved, the types of land use proposed within the GDP would be consistent with the land use designation and zoning 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. This GDP proposes a low density residential development, which is consistent with the land use designation on the Rochester Urban Service Area Land Use Plan. A Zoning District amendment is being considered for a portion of this property, concurrent with this GDP. If the amendment is approved, the types of land use proposed within the GDP would be consistent with the land use designation and zoning for the property. The density of the proposed development is consistent with a low density residential land use designation. The proposed vehicular system is compatible with the existing properties. Criteria C. The mix of housing is consistent with adopted Land Use and Housing Plans. The development density is consistent with the low density residential land use designation of the Land Use Plan and is generally consistent with the Housing Plan by providing different densities and styles of housing. Page 4 • • ' �� Amended GDP #123 July 6, 2001 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. Access to the site will be provided from 11 'h Avenue SW (County Road 147). The adopted ROCOG Thoroughfare Plan designates 11t" Avenue SW (County Road 147) as a collector roadway. 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. Street system adequacy shall be based on the street system's ability to safely accommodate trips from existing and planned land uses on the 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. The two roadways proposed are being designed as local residential Streets, which is adequate to handle the anticipated traffic from the development. The roadway serving the development does have access to 11f6 Avenue Sw (County Road 147) which is designated as a collector roadway on the ROCOG Thoroughfare Plan. A collector roadway is designed to carry higher volumes of traffic and it appears that the roadway is adequate to accommodate the additional traffic anticipated to be generated by this development. 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 concurrency has been evidenced. Utilities are now available or will be extended to serve this property. 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. A Development Agreement has been executed for this property. (3(P Page 5 Amended GDP #123 July 6, 2001 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. Detailed grading and drainage plans will need to be submitted to and approved by the City prior to platting. Public Works will need to review grading and drainage plans for this property in more detail at the platting stage. 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 and density appear to be generally consistent with the land use and the proposed zoning for this property. Staff Recommendation: Based upon the above mentioned criteria, the staff would recommend approval of the proposed amended General Development Plan, subject to the following conditions: 1. Previously imposed conditions of approval continue to apply to this General Development Plan and the proposed amendment. 0 • FINDINGS OF FACT Conditions for Approval General Development Plan f) `The lot, block and street layout is provisions of 64.100. 5. The Planning and Zoning Commission determined that General Development Plan #123 satisfied the requirements of R.C.O. 561.215, if the following conditions were imposed: a) The proposed GDP be revised to show an additional 100 x loo area of park land adjacent to Outlot B which is outside of the floodway. b) The GDP be revised to show a total of 50 feet right of way on County Road 147 as required by Olmsted County Public Works. c) The Trunk Highway 63 Official Map be incorporated into the GDP to identify the area subject to official map provisions of Minn. Stat. 5462.359. d) The interior loop street should be designated to accommodate school and City transit buses. e) The existing pond in the commercial area be shown on the GDP. f) The southerly roadway providing access to County Road 147 be included in Phase II of the development. g) Sanitary sewer and watermain should be extended along County Road 147 to the south property line. h) Roadway and utilities should be provided to allow access to adjacent property at approximately Lot 19, Block 5. i) The design of the north -south street, which appears to be located within a natural drainageway, shall be evaluated to verify that it will comply with the City design standards. 6. The Rochester Common Council concurs with and adopts as its own the Findings of Fact reached by the Planning and Zoning Commission. CONCLUSIONS OF LAW 1. R.C.O. 561.215 provides that the Council shall approve a general development plan if the following criteria are satisfied: a) The proposed land uses are generally in accord with the adopted Land Use Plan and zoning map, or that the means for reconciling any differences have been addressed; 9 ROCHESTER /V/inne6ota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DATE: 6/28/01 DEPARTMENT OF PUBLIC WORKS 201 4h 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 #123, on the Southern Woods property. The following are Public Works comments on the proposed revisions to the GDP: 1. Public Works has no objection to the proposed GDP revisions, subject to the terms of the executed Development Agreement for this property. C:\temp\GDP123 REVISED Southern Woods 6-01.doc J,yOCNEETE R, t11t9q ROCHESTER AL4AMEAICA CRY ,{ Ai TC O.AVGVST"` DAVID A. KAPLER, Chief Rochester Fire Department 201 4th Street SE, Room 10 Rochester, MN 55904-3726 (507)285-8072 FAX #(507) 285-8256 DATE: June 19, 2001 TO: Jennifer Garness, Planning FROM: Lyle Felsch, Deputy Chief SUBJECT: Zoning District Amendment #01-07, and Amendment to GDP #123, Southern Woods Development LLC, located south of 48th Street SW and Southern Woods 3rd Addition and east of 11 Avenue SW. With regard to the above noted general development plan, the fire department has the following requirements: 1. An adequate water supply shall be provided for fire protection including hydrants properly located and installed in accordance with the specifications of the Water Division. The hydrant locations shown appear acceptable and must be in place prior to commencing building construction, 2. Fire department, access streets and roadways shall be as provided in accordance with the fire code, RCO 31 and the Zoning Ordinance and Land Development Manual including approved cul-de-sac dimensions and street widths. All fire department access roadways shall be serviceable prior to and during building construction. 3. All street, directional and fire lane signs must be in place prior to occupancy of any residential buildings. All buildings are required to display the proper street address number on the building front, which is plainly visible and legible from the street fronting the property. Number size must be a minimum 4" high on contrasting background when located on the building and 3" high if located on a rural mail box at the public road fronting the property. Reflective numbers are recommended. c: Donn Richardson, RPU, Water Division GGG Engineering, 14070 Hwy 52 SE, Chatfield Mn. 55923 Southern Wood Dev. LLC , 3552 W. River Parkway, Rochester, Mn. 55901 rpu we pledge, we deliver June 28, 2001 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Amendment to General Development Plan #123 by Southern Woods Development LLC known as Southern Woods. Dear Ms. Gamess: Our review of the referenced amendment to the general development plan is complete and our comments follow: The revised area is within the Airport High Level Water System Service Area, which is available for connection at the previously planned intersection with I Vh Ave. SW. 2. The water main in the cul-de sac street must be looped. Please contact us at 507-280-1600 if you have questions. Very truly yours, 0644f� (. 0^.. I Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Southern Woods Development LLC GGG Inc. Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 FA Date: June 25, 2001 To: Jennifer Garness, Rochester -Olmsted Planning Department From: Terry Lee, Olmsted County Environmental Services RE: Amendment to General Development Plan #123, Known as Southern Woods Plan Review The Decorah Edge Groundwater Recharge Area is present within the northern part of the parcel. This assessment is based on information derived from the Olmsted County Geological Atlas, construction logs from a nearby well (4409455) and bedrock mapping using ArcView coverages of the two -foot contour lines. The Decorah shale is mapped at 1105 to 1062 feet in elevation and the underlying Glenwood shale at 1030 to 1035 feet in elevation. More accurate bedrock elevations may be available from borings completed on or near the site. In this hydrogeologic setting, water discharges from the upper aquifer through soils overlying the Decorah shale before recharging the underlying aquifer. Developments in this setting have the potential to interrupt these groundwater recharge processes and associated high water tables may create structural problems. General development recommendations for the Decorah Edge setting should be considered for this site. 0 950 1,900 3,800 Feet GDP # 123 Southern Woods Bedrock Geology Prosser -- Cummingsville Decorah M, General Development Recommendations for the Decorah Edge Groundwater Recharge Area 1. Require the delineation of wetlands and high water table conditions using a First Order Soil Survey or the multi -spectral `wetness' maps. 2. Retain the vegetation and existing soils on the site. Limit the extent of grading that can occur where the Decorah shale is the first encountered bedrock. The blue and green areas on the multi -spectral maps indicate near surface water conditions. It is important to keep the existing soils and vegetation in place in order to protect the groundwater recharge regime. If areas do become disturbed, encourage the planting of appropriate native vegetation. 3. Preserve the unique hydric features (springs, seeps, and wetlands) of the site. Incorporate these featues into common or public open space, linear parks and/or trailways. . 4. Require vertical and lateral setbacks to minimize the disruption of groundwater recharge. Where the Decorah shale is the first encountered bedrock,• maintain a one -foot vertical setback for structures to the seasonal high water table. in head and side slope areas, development on the Decorah shale should be avoided and a 75-foot lateral setback should be maintained above the Cummingsville- Decorah contact and below the Decorah -Platteville contact. 5. In areas where the Decorah shale does become disturbed, require that the intercepted recharge water be reinfiltrated to minimize disruption of the recharge process. Reinfiltration should mimic natural recharge processes where feasible. 6. Require clay plugs to be installed in utility trenches as a means of maintaining dispersed groundwater recharge flows. Trenches may inadvertently serve as subdrainage channels. Page 13 ( City Planning and Zoning Commission Minutes Hearing Date: July 11, 2001 PUBLIC HEARINGS: AND Amendment to General Development Plan #123, known as Southern Woods by Southern Woods Development LLC. The amendment proposes to modify the type of development proposed in the southern portion of the GDP, including roadway alignment and identification of townhome style development and R-IX (Mixed Single family Extra) district. The property is located south of 487 Street SW and Southern Woods Third Addition, and east of 11` Avenue SW (County Road 147). Ms. Theresa Fogarty presented the Zoning District Amendment and General Development Plan staff reports, dated July 6, 2001, to the Commission. The staff reports are on file at the Rochester -Olmsted Planning Department. Ms. Fogarty explained that the property is zoned agricultural because it came in with the Willow Creek Sewer line when annexed. Ms. Fogarty showed the differences of the original general development plan and proposed general development plan on the overhead projector. Mr. Jerry Schultze, of 61216 265th Avenue, Mantorville, MN, addressed the Commission. He stated that Randy Reynolds is his partner in Southern Woods Development LLC. He stated that he was present to answer any questions the Commission may have. Mr. Burke asked if he approved of the staff recommendation. Mr. Schultze responded yes. With no one else wishing to be heard, Ms. Petersson closed the public hearing. REQUEST FOR COUNCIL ACTION MEETING q55 / DATE: 08-06-011 AGENDA PUBLIC HEARINGS PLANNING DEPT: M DESCRIPTION: Zoning District Amendment #01-07 by Southern Woods Development LLC to amend the Zoning Map to re -zone 10.37 acres of land from the AG (Agricultural) district to the R-1X (Mixed Single Family Extra) district. The property is located south of 48th Street SW and Southern Woods Third Addition, and east of 11`h Avenue SW (County Road 147). A General Development Plan Amendment is being considered concurrent with this ITEM NO. C-5 PREPARED BY: Theresa Fogarty, Planner )+1 August 1,2001 City Planning and Zoning Commission Recommendation: The City Planning and Zoning Commission held a public hearing on July 11, 2001, to consider the zone change request by Southern Woods Development LLC to zone 10.37acres to the R-1X (Mixed Single Family Extra) district. The Commission reviewed the zone change request based on the criteria as included in the staff report and recommended approval, with staff suggested findings. Mr. Staver moved to recommend approval of Zoning District Amendment #01-07 by Southern Woods Development LLC based on staff -suggested findings. Mr. Quinn seconded the motion. The motion carried 8.0, with Mr. Ohly abstaining. Planning Department Recommendation: See attached staff report dated July 6, 2001. Council Action Needed: 1. The Council may approve or deny this petition. The Council's decision must be supported by findings based on the criteria listed in the staff report. If the Council wishes to proceed with the zone change as petitioned, it should instruct the City Attorney to prepare an ordinance that can be adopted supported by findings of fact and conclusions of law. Attachments: 1. Staff Report dated July 6, 2001 2. Minutes of the July 11, 2001 CPZC Meeting Distribution: 1. City Clerk 2. City Administrator 3. City Attorney: Legal Description attached 4. Planning Department File 5. Planning Department - GIS 6. Applicant: This item will be considered sometime after 7:00 p.m. on Monday at the Rochester I Olmsted County Government Center. GGG Enginerring August 6, 2001 in the Council Chambers COUNCIL ACTION: Motion bv:A�ja_".-- _ _ _ second Zone Change #01-07 GDP Amendment #97-123 Southern Woods Subdivision 1,000' Notification Distance Ward 1 Hanson 06/14/01 '1o4* SW ROAD REVISED GENERAL ➢EVELOPMENT PLAN SOUTHERN Hoops SVBDMSION SECTIONS 26.35 ROCHES= mwNSHrp lruuu.M mmrin w sn�n,rw .cm rrxra. -___ _ `!� � � rer>e..�l •— _ Wllol h SPI1MCMh 1gW5 MRO 1M11P1, aearaM to ur rµprN Mrl uxrof, u'n.IN lent} Y�w�r� � ��' larwJlq � M✓M I41 n IM Srltixl Guvl.r M IN MM�rI Oxn� 4�.wn N�xwl� � � ��—y O�n� O Vrup� IYInIV ROCIRSTER-OLMSTED PLANNING DEP.4PIMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 CC Y „„ OF www.olmstedcounty.com/planning TO: City Planning and Zoning Commission FROM: Theresa Fogarty, Planner J� DATE: July 6, 2001 R/CHEST FR. ti.............. y�• :x DRa TED:AUGl S'i:: RE: Zoning District Amendment Petition #01-07 by Southern Woods Development LLC to amend the Zoning Map to re -zone 10.37 acres of land from the AG (Agricultural) district to the R-1x (Mixed Single Family Extra) district. The property is located south of 481h Street SW and Southern Woods Third Addition, and east of 11th Avenue SW (County Road 147). A General Development Plan Amendment is being considered concurrent with this request. Planning Department Review: Petitioner: Southern Woods Development 3552 West River Parkway Rochester, MN 55901 Consultant: GGG Inc. 14070 Highway 52 SE Chatfield, MN 55923 Location of Property: The site is located south of 481h Street SW and Southern Woods Third Addition and east of 11'h Avenue SW (County Road 147), Requested Action: The applicant requests this property be rezoned from AG (Agricultural) district to the R-1x (Mixed Single Family Extra) district. Existing Land Use: The property is undeveloped and has been cropped in the past. Proposed Land Use: A amendment to the Southern Woods General Development Plan is being considered for this property concurrent with this zone change request. Adjacent Land Use and North: Southern Woods Third Subdivision which is Zoning: zoned R-1 (Mixed Single Family Residential) District on the City of Rochester Zoning Map, BUILDING CODE 5071285-8213 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 507/285-8224 ^ _ PLANNINGIZONING 50W285-8232 • WELUSEPTIC 507/285-8345 FAX 5071287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 • • ZC 01-07 Southern Woods July 6, 2001 South: Vacant land located within the City of Rochester and zoned AG (Agricultural) District on the City of Rochester Zoning Map, West: Southern Woods Second Subdivision which is zoned R-1 (Mixed Single Family Residential) District on the City of Rochester Zoning Map. East: Vacant land zoned R-1 (Mixed Single Family Residential) district on the City of Rochester Zoning Map. Transportation Access: Access to this site would be from 11th Avenue SW (County Road 147). Wetlands: Minnesota Statutes now require that all developments be reviewed for the presence of wetlands or hydric soils. An Environmental Assessment Worksheet (EAW) was previously submitted with the General Development Plan for Southern Woods. The EAW indicated highly erodable soils and wetlands. All wetland issues were addressed through previous plats. Referral Comments: No referral comments Report Attachments: 1. Location I Proposed Zoning Map 2. Neighborhood Meeting notes Analysis for Zoning District Amendment: Under the provisions of Paragraph 60.338 of the Rochester Land Development Manual, the Commission shall recommend for approval and the Council shall approve, an application requesting an amendment to the zoning map if the amendment satisfies the following criteria: 1) The criteria of this subdivision apply to those amendments to the zoning map filed by formal petition. An amendment need only satisfy one of the following criteria: a) The area, as presently zoned, Is inconsistent with the policies and goals of the Comprehensive Plan; b) The area was originally zoned erroneously due to a technical or administrative error; c) While both the present and proposed zoning districts are consistent with the Plan, the proposed district better furthers the policies and goals of the Comprehensive Plan as found in Chapters 2 and 3 of the Rochester Urban Service Area Land Use Plan, Chapter 3 of the Housing Plan, and Chapter 10 of the ROCOG Long Range Transportation Plan; or 170 Page 3 • • ZC 01-07 Southern Woods July 6, 2001 d) The area has changed or is changing to such a degree that it is in the public interest to rezone so as to encourage development or redevelopment of the area. This property is located within the boundaries of the Rochester Urban Service Area Land Use Plan. Land Use Designations within this area are considered to be "Low Density Residential'. Rezoning this property to the R-1x (Mixed Single Family Extra) district is consistent with the land use plan and would serve to better further the policies and goals of the Comprehensive Plan and Housing Plan. Rezoning the property promotes the development of mixed densities and styles and also promotes the development of affordable housing. In addition, it is in the public interest to rezone the property to encourage development of the area and to encourage development of housing that will help meet the needs of the community. 2) The criteria of this subdivision also apply to those amendments to the zoning map filed by formal petition. However, an amendment must satisfy all of the following criteria: a) the permitted uses allowed within the proposed zoning district will be appropriate on the subject property and compatible with adjacent properties and the neighborhood; and b) the proposed amendment does not involve spot zoning. (Spot Zoning involves the reclassification of a single lot or several small lots to a district which is different than that assigned to surrounding properties, for reasons inconsistent with the purposes set forth in this ordinance, the state enabling legislation, or the decisions of courts in this state). The proposal will be appropriate on the subject property and compatible with adjacent properties and the neighborhood. The proposed amendment does not involve spot zoning since it is consistent with the policies of the Comprehensive Plan. Staff Recommendation: Based on the above -mentioned findings, it would appear that this zoning district amendment would meet the above criteria. • GGG Inc. • /51 Engineering Surveying & Planning 14070 Hwy 52 SE Chatfield, MN 55923 phone 507-867-1666 fax 507-867-1665 July 2, 2001 Mr. Brent Svenby Rochester — Olmsted Planning & Zoning 2122 Campus Drive SE Rochester, MN 55904 RE: Southern Woods revised General Development Plan neighborhood meeting Dear Mr. Svenby, On Thursday, the 28' of June, a neighborhood meeting was held for the revisions to the Southern Woods General Development Plan. Attached is a copy of the letter sent to neighbors in the area and the sign up sheet which was posted at the meeting. Nearly everyone present currently resides in Southern Hills with the exception of the Braun's who are selling their acreage to the developer. One other property owner was also present but declined signing in. He owns approximately 80 acres of land directly south of the general development plan. Jerry Schultz, one of the developers, was also present to answer questions. The main question that was asked was what type of units were going into the area being rezoned to R-IX. We explained that approximately 90% would be rambler type townhomes with an average base price of $165,000. The others will most likely have Ions. There will probably be 19 of the 48 townhomes, which will have full basements where practical. The meeting was held in the model townhome unit at 735 Southern Woods Circle SW. This model is very similar to the units proposed in the R-IX area. Another question asked was related to the covenants required on the single family lots. We assured them that they would be as strict or stricter than the current ones for Southern Woods First and Third which are very similar to the Southern Hills development. Single story homes will be required to have 1300 sq ft on the main floor and two story homes having 900 sq ft upstairs and 1000 sq ft down. All homes are required to have 25% of the front of the home to be stone, brick, or stucco, etc. No one present voiced a strong concern or opposition to the revised project. The biggest question was what was planned for the surrounding properties. Sincerely, r Mark R. Welch Design Engineer Page 13 0 • 153 City Planning and Zoning Commission Minutes Hearing Date: July 11, 2001 PUBLIC HEARINGS: Zoning District Amendment petition #01-07 by Southern Woods Development LLC to amend the Zoning Map to re -zone 10.37 acres of land from the AG (Agricultural) district to the R-1X (Mixed Single Familv Extra) district. The property is located south of 48` /n Street SW and Southern Woods Third Addition, and east of 11` Avenue SW (County Road 147). A General Development Plan Amendment is being considered concurrent with this request. FaiNI Ms. Theresa Fogarty presented the Zoning District Amendment and General Development Plan staff reports, dated July 6, 2001, to the Commission. The staff reports are on file at the Rochester -Olmsted Planning Department. Ms. Fogarty explained that the property is zoned agricultural because it came in with the Willow Creek Sewer line when annexed. Ms. Fogarty showed the differences of the original general development plan and proposed general development plan on the overhead projector. Mr. Jerry Schultze, of 61216 2651^ Avenue, Mantorville, MN, addressed the Commission. He stated that Randy Reynolds is his partner in Southern Woods Development LLC. He stated that he was present to answer any questions the Commission may have. Mr. Burke asked if he approved of the staff recommendation. Mr. Schultze responded yes. With no one else wishing to be heard, Ms. Petersson closed the public hearing. Mr. Staver'moved to'ecommerld apQoval of Amendment to Gener(,DeveloQment Plan, #123, known as Southern Woods b�r,SouthergWoods p�velop�rietj4LLt+;4ased,on`staff findings. Mr. Quinn seconded the motion The motion'ca1[ke�18 0 v�ith Mr Qhl$r 4 - abstaining:. REQUEST FOR COUNCIL ACTION MEETING 167 DATE: 08-06-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING G, _(0 :M DESCRIPTION: Type III, Phase III Conditional Use Permit #01.22 by the City of PREPARED BY: Chester Park and Recreation Department to allow for the placement of fill and Theresa Fogarty, construction in the floodway. The proposal is to replace the existing footbridge which Planner spans Silver Creek near its confluence with the South Fork of the Zumbro River. The project is located south of 7'h Street NE, east of Silver Lake Drive NE. August 1, 2001 City Planning and Zoning Commission Recommendation: On July 25, 2001 the City Planning and Zoning Commission reviewed this request to allow for filling within a Flood Prone area as part of a pedestrian bridge construction project. Mr. Burke moved to recommend approval of Type III, Phase III Conditional Use Permit #01-22 by the City of Rochester Park and Recreation Department with the staff -recommended findings. Mr. Staver seconded the motion. The motion carried 6-0. Planning Staff Recommendation: See attached staff report dated July 16, 2001. '^ouncll Action Needed . . 1. If the Council' wishes to proceed; it should instruct the City Attorney to prepare a resolution either approving; approving with conditions, or denying this request based on the criteria of Paragraphs 61.146, 62.824 and 62.860. Attachments: 1. Staff Report dated July 16, 2001 2. Draft Minutes of the July 25, 2001 CPZC Meeting Distribution: 1. City Clerk 2. City Administrator 3. City Attorney 4. Planning Department File 5. Applicant: This item will be considered some time after 7:00 p.m. on August 6, 2001 in the Council / Board Chambers in the Government Center at 151 4th Street SE. 6. WHKS & Company INCIL ACTION: Motion by: second by: to: g saa orj ° I x ns F- � gign S . g % i i 1 a5 ? A II I�IIII w � �E dw W gj �• IC. c h r3 -'rob N O� tit . i rt 1.4 g b o IV S i NY Si IIIIIIII ; {=g', nf3n 3w -i• is}_99 F iai a• �S•i L:. F { II; f ►� ICI - gaii{ BORROW M■N■■N ■ME ■■■■■n .U.Sm"VA �4■■ PIP mg�,��e ENNEN a y`' 2 jr aen if �,�s..`"'—�`�"'.,. `•.far_._ ti _ 14 s.•s-�,p�t..Fa,y ,�._.. r�b ti'y y ,✓ ?. 3��—�.F � �yS�—y-ly...�y ;S�.Y4�. ., C•�..n' ^�'ee2"�..�`—n� �. _l , ,.+F'�.v ..oz'`^.x y 9 T.s ry� I&o RoCkit.STER-OLNISTED PLANNING DEPArtiMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 C O U N TV OF www.olmstedcounty.com/planning TO: City Planning & Zoning Commission FROM: Theresa Fogarty, Planner 1'�' ' ��W�H�AO•v�� DATE: July 16, 2001 RE: Type III, Phase III Conditional Use Permit #01-22 by the City of Rochester Park and Recreation Department to allow for the placement of fill and the construction in the floodway. The proposal is to replace the existing footbridge which spans Silver Creek near its confluence with the South Fork of the Zumbro River. The project is located south of 7`h Street NE, east of West Silver Lake Drive NE. Planning Department Review: Applicant: City of Rochester Park and Recreation Department 201 Fourth Street SE Rochester, MN 55904 Engineer/Consultant: WHKS & Company 2905 South Broadway Rochester. MN 55904 Requested Action: The applicant is requesting a Type III, Phase III conditional use permit to allow for the placement of fill and construction in the floodway, to replace the existing pedestrian bridge. Location of Property: South of 7`h St. NE, east of West Silver Lake Drive NE Zoning: R-1 (Mixed Single Family) District Referral Comments: 1. No comments were submitted by the referral agencies Standards for Approval: Conditional use permits in the Flood Prone district are subject to the same standards as every conditional use (see Section 61.146), and some specific conditions related to the Flood Prone areas (Sections 62.824 and 62.860). BUILDING CODE 507/285-8213 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSINGIHRA 5071285-8224 PLANNINGIZONING 5071285.8232 • WELUSEPTIC 507/285-8345 FAX 507/287-2275 AN EQUAL OPPORTUNITYIAFFIRMATIVE ACTION EMPLOYER Page 2 of 5 Conditional Use Permit 44,022 Report Attachments: 1. Sections 61.146, 62.824 and 62.860 from the Rochester Zoning Ordinance and Land Development Manual. 2. Location Map 3. Engineers Certification Analysis: The applicant is proposing to place fill within the floodway and floodfringe to facilitate constructing a pedestrian bridge across the Silver Creek, just south of 7'h Street NE and east of West Silver Lake Drive NE. Planning Staff has reviewed this request in accordance with the provisions of Sections 61.146, 62.824 and 62.860 of the Rochester Zoning Ordinance and Land Development Manual. The staff finds that the proposal for the plan and cross section of the bridge show that the bridge is spanning the 100 year flood. The proposed abutments will cause less obstruction to the flow than the existing abutments and that reconstruction of the bridge will actually decrease the flood elevation for a short distance upstream. In addition, approximately the same of amount of fill will be removed from the floodplain area as a result of the demolition of the existing abutments as will be placed in the floodplain during the construction and scour protection of the new bridge abutments. Planning staff recommends approval of this conditional use permit, as submitted. Planning Commission Action Needed: Conditional use permits of this sort require Council approval. The Planning Commissior should review this item and make a recommendation to approve, approve with conditions, or deny this request to be forwarded to the Council (this is not a public hearing with the Planning & Zoning Commission). The Council will hold a public hearing at a later date. (lJl L Page 3 of 5 • 0 Conditional Use Permit #-01-22 61.145 Matters Under Consideration: The review of a conditional use is necessary to insure that it will not be of detriment to and is designed to be compatible with land uses and the area surrounding its location; and that it is consistent with the objectives and purposes of this ordinance and the comprehensive plan. 61.146 Standards for Conditional Uses: The zoning administrator, Commission, or Council shall approve a development permit authorizing a conditional use unless one or more of the following findings with respect to the proposed development is made: 1) provisions for vehicular loading, unloading, parking and for vehicular and pedestrian circulation on the site and onto adjacent public streets and ways will create hazards to safety, or will impose a significant burden upon public facilities. 2) The intensity, location, operation, or height of proposed buildings and structures will be detrimental to other private development in the neighborhood or will impose undue burdens on the sewers, sanitary and storm drains, water or similar public facilities. 3) The provision for on -site bufferyards and landscaping does not provide adequate protection to neighboring properties from detrimental features of the development. 4) The site plan fails to provide for the soil erosion and drainage problems that may be created by the development. 5) The provisions for exterior lighting create undue hazards to motorists traveling on adjacent public streets or are inadequate for the safety of occupants or users of the site or such provisions damage the value and diminish the usability of adjacent properties. 6) The proposed development will create undue fire safety hazards by not providing adequate access to the site, or to the buildings on the site, for emergency vehicles. 7) In cases where a Phase I plan has been approved, there is a substantial change in the Phase II site plan from the approved Phase I site plan, such that the revised plans will not meet the standards provided by this paragraph. 8) The proposed conditional use does not comply with all the standards applying to permitted uses within the underlying zoning district, or with standards specifically 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. Page 4 of 5 • Conditional Use Permit #-01-22 62.824 Conditional Use Permits - Standards for Approval: When deciding on Conditional Use Permits in any of the flood districts, the following factors, in addition to the standards of Paragraph 61.146 shall also be considered: 1) The danger to life and property due to increased flood heights or velocities caused by encroachments. 2) The danger that materials may be swept onto other lands or downstream to the injury of others. 3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary condition. 4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. 5) The importance of the services provided by the proposed facility to the community. 6) The need for a waterfront location for the facility. 7) The availability of alternative locations not subject to flooding for the proposed use. 8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. 9) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. 10) The safety of access to the property in times of flood for ordinary and emergency vehicles, 11) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. 12) Such other factors which are relevant to the purposes of Paragraph 62.800. 62.860 CONSTRUCTION STANDARDS IN THE FLOOD PRONE DISTRICT The requirements applicable in the Flood Fringe District, as defined in Section 62.840 shall apply in the Flood Prone District and, in addition, the deposition of any fill or spoil from dredging of sand and gravel operations, the construction of any structure, or the grading or paving of any areas shall require certification by a registered professional engineer or hydrologist that the following conditions have been met: 1) Fill deposited in the flood prone area shall be no more than the minimum amount necessary to conduct the use. 10 Page 5 of 5 • \\\\ Conditional Use Pemvt #-01-22 0 2) No net loss of capacity for surface storage of flood waters shall result from the activity. 3) The effect of such activities in the flood prone area shall not result in an increase in erosion potential on the site. P Ov L A R I S * G R O Ut6P� 8200 HUMeo LT AVENUE SOUTH . SUITE 302 . BLOOMINGTON, MN 55431 . 952.881.0878 . FAX: 952.881.0023 April 30, 2001 Mr. A] King WHKS & Co. 2905 South Broadway Rochester, MN 55904-5515 RE: Footbridge replacement - Silver Creek - Rochester, MN Dear Mr.King: As you are aware, the City of Rochester is planning to replace a footbridge which spans Silver Creek near its confluence with the South Fork of the Zumbro River. The City contracted with WHKS & Co. to develop plans and specifications, provide project staking, and construction observation and testing. WHKS & Co. in turn contracted with Polaris Group, Inc, to provide the hydraulic evaluation necessary for the floodplain permitting. This letter is meant to act as a technical attachment for both the "Application for a Permit to Work in Public Waters or Public Waters Wetlands" required by the State of Minnesota and the Type III, Conditional Use Permit required by the City of Rochester. Hydraulic Study The current Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) were developed by the U.S. Army Corps of Engineers and published in 1998. Attached is the FIRM panel showing the foot bridge location (just downstream of cross section A -A). The mapping shows the current footbridge within the regulatory floodway. The bridge will be reconstructed at the same location. A hydraulic study of this footbridge reconstruction was conducted using the HEC-2 model developed for the 1998 FIS. The HEC-2 models attached include the FIS model, the existing conditions model including new survey data and data from the existing bridge plans, and the proposed conditions model developed from the engineering drawings(dated 4/20/2001) for the bridge reconstruction. The results of the modeling are summarized in Table I and Table 2. The results indicate that the flood velocity and stage will generally decrease for the regional flood as a result of the bridge reconstruction. This is intuitively obvious given the fact that a 74-foot long bridge is being replaced with a 90-foot bridge. The results also indicate that the flood elevations for the existing and proposed conditions are slightly lower than Base Flood Elevations listed in the Flood Insurance Study. The Base Flood Elevations will not be modified by this study. Additionally, the results indicate that the proposed conditions flow velocity is equal to or lower than the existing flood flow velocity. State Permitting Z�En — It is our understanding that a State Protected Waters Permit will be required since the project involve o work within the banks of Silver Creek and involves construction of a bridge. State roles on permitted uses in the floodway state that the use "will not materially obstruct flood flows or increase velocities stages of the regional flood." (From Minnesota Rule 6120.5800, Subp.3.) Further, Minnesota Rules 6116.0231A6, states: (6) Footbridges and walkways: (a) Over watercourses. Must be designed to cause negligible backwater effects during floods. Must be securely anchored or otherwise capable of withstanding the dynamic forces of flowing water, ice and debris. Approaches must not be raised above adjacent flood plain lands. Based on our hydraulic evaluation, The proposed bridge replacement meets the above stated goals, and will lower the flood backwater elevation and the flood velocities slightly. Local Permitting According to 62.833 of the City of Rochester Zoning Ordinance and Land Development Manual, a bridge is a permitted use in the Floodway District after the issuance of a Type III Conditional Use Permit. Further, the fill for the abutments should be in conformance with Part 62.851 which states that the fill "shall be no more than the minimum amount necessary to conduct the Type III Conditional Use ..... Generally, fill shall be limited to that needed to grade or landscape for that use and shall not in any way obstruct the flow offload waters. " Additionally, part 62.853 states "...bridges within the floodway district shall be designed to minimize increases in flood elevations... " Further part 62.860 states that "no net loss of capacity from surface storage ofjlood waters shall result from the activity" and "The effect of such activities in the Flood Prone area shall not result in an increase in erosion potential on the site. " Based on our review and hydraulic evaluation, the proposed bridge meets each of the above requirements. The plan and cross section of the bridge show that the bridge is spanning the 100 year flood. The proposed abutments cause less obstruction to the flow that the existing abutments. As shown in the hydraulic model, the reconstructed bridge will actually decrease the flood elevation for a short distance upstream. In addition, the velocity (and therefore the erosion potential) is decreased through the bridge. It is our understanding that approximately the same amount of fill will be removed from the floodplain as a result of the demolition of the existing abutments as will be placed in the floodplain during the construction and scour protection of the new bridge abutments. Attachments Data attached to this letter includes: FIRM Map annotated with showing bridge location • I-MC-2 input files (floppy disk) and output files (bardcopy) for -the FIS-model, existing conditions model and proposed conditions model. Copies of plans for existing bridge and proposed bridge • Copies of the plan showing the of survey cross sections. Please contact me or Tom Johnson if you have any questions or need further information. Sincerely, Art Kalmes, P.E. 141 Table 1 Comparison of 100-year Flood Elevations Cross Section Number Cross Section Description 100- ear Flood Elevations FIS Table 5 Duplicate Effective Model Existing Conditions Model Proposed 90 foot long brid e 93.00 981.27 981.27 981.27 93.10 981.28 1 981.28 981.28 93.20 981.22 981.22 981.22 93.30 981.26 981.26 981.26 93.50 100 feet downstream of center of bridge - 981.22 981.22 94.45 - 981.16 981.20 94.50 downstream edge of bridge 981.15 981.17 981.21 94.55 upstream edge of bridge 981.30 981.18 981.22 94.60 - 981.19 981.23 94.80 100 feet upstream of center of bridge - 981.62 981.56 95:00 FIS Cross Section A 982.E 1 982.55 981.71 981.65 96.00 FIS Cross Section B 985.4 1 985.40 - 985.36 985.36 Table 2 Comparison of 100-year Flood Velocities _ -- Cross Section Number --- - -- -- _ Cross Section Description 100-year Flood Velocities in Channel FPS Duplicate Effective Model Existing Conditions Model Proposed 90 foot long brid e 93.00 1.8 1.8 1.8 93.10 1.8 1.8 1.8 93.20 2.9 2.9 2.9 93.30 2.5 2.5 2.5 93.50 100 feet downstream of center of bridge - 3.4 3.4 94.45 - 5.4 5.0 94.50 downstream edge of bride 6.3 5.4 5.0 94.55 upstream edge of bride 5.9 5.4 4.9 94.60 - 5.4 4.9 94.80 100 feet upstream of center of bridge - 3.5 3.5 95.00 FIS Cross Section A 5.2 5.9 5.9 96.00 FIS Cross Section B 8.1 8.1 8.1 l(X Draft Minutes of the City Planning & Zoning Commission Date of Hearing: July 25, 2001 REVIEW ITEM: Ms. Theresa Fogarty presented the staff report, dated July 16, 2001, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. She stated that the request would be heard before the City Council as a public hearing. Mr. Burke pointed out that the analysis states that "the pedestrian bridge across the Zumbro River" should be changed to "the pedestrian bridge across the Silver Creek." Ms. Fogarty stated that she would check the engineering report and that she would get it clarified prior to the City Council meeting. Mr. Burke moved to recommend approva(of Type lll, Phase III Conditional Use Permit #01-22 by the City of Rochester Park,and Recreation,Department with the . staff -recommended findings Mr Staver seconded the lrhqtlofijp,eymoUon eM REQUEST FOR COUNCIL ACTION MEETING 141 DATE: 08-06-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING 'EM DESCRIPTION: Utility Easement Vacation Petition #01-09 by Lee, Galuska, Ketchum, PREPARED BY: enn, Richards, Brevig, Fox, Will, Junge, Voidal and Ritter. The applicants are proposing Brent Svenby, to vacate a N. W. Bell Easement which is approximately 20' x 927' located on Lots 10 — 22, planner Block 3 Manor Woods 4th Subdivision. The properties are located north of 2nd Street NW and south of 2nd Place NW. August 1, 2001 Planning Department Recommendation: See attached staff report dated August 1, 2001. Council Action Needed: 1. Following the hearing, if the Council wishes to proceed, it should instruct the City Attorney to prepare a resolution to approve the vacation petition as submitted. Attachments: 1. Staff Report dated August 1, 2001. Distribution: 1. City Administrator 2. City Clerk 3. City Attorney: Copy of legal description is attached 4. Planning Department File S. Applicant: This item will be considered by the Council sometime after 7:00 p.m. on Monday, August 6, 2001, in the Council/Board Chambers at the Government Center, 151 4th Street SE. )UNCIL ACTION: Motion by: Second by: to: ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 CCU „TT OF www.olmstedcounty.com/planning TO: City Council FROM: Brent Svenby, Planner DATE: August 1, 2001 RE: Utility Easement Vacation Petition #01-09 by Lee, Galuska, Ketchum, Renn, Richards, Brevig, Fox, Will, Junge, Voldal and Ritter. The applicants are proposing to vacate a N. W. Bell Easement which is approximately 20' x 927' located on Lots 10-22, Block 3 Manor Woods 4rh Subdivision. The properties are located north of 2"d Street NW and south of 2"d Place NW. Planning Department Review: Petitioner(s): Reason to Vacate: Referral Comments: Report Attachments: Staff Recommendation: See attached sheet for the list of petitioners The petitioners are requesting to vacate a portion of an existing N.W. Bell easement recorded on Block 3 of Manor Woods 4th Subdivision. No objections to vacating this easement were received. 1. Vacation Petition 2. Location Map 3. Referral Comments - 1 letter The vacating of the this easement will release the rights of the City, it doesn't release the right of N.W. Bell to use the easement for their proposes. The applicant should work with N.W. Bell to have their rights to the easement release. Staff did not receive any objections to this vacation. Upon review of this request staff recommends approval of this vacation petition as requested. Staff would also suggest that the property owners consult with N.W. Bell on releasing its rights to the easement. 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I i z tf, 17 <W Wwo ho •-rj� wQ'J OQ3 rr N n p °,o 'o T I ioi 2Ql .Z __z6'Sbl-J I Jf z o O Z 'm : I o�az gw az ga ]' I If 1 J W I Q LL W 1 0 _. v A' CrN AJCV IIVIV: PUBLIC HEARINGS MEETING l 13 DATE: 08-06-01 ITEM NO. �F'-9 EM DESCRIPTION: Annexation Petition #01-15 by Forbrook-Bigelow Development to PREPARED BY: ..,Inex approximately 9.91 acres of land located south of 71h Street NW and west of Manor Theresa Fogarty, Ridge Drive NW. The property is located in the NW 1/. of Section 32 of Cascade Township. Planner July 31, 2001 REQUEST FOR COUNCIL ACTION ORIGINATING DEPT: PLANNING City Planning and Zoning Commission Recommendation: The City Planning and Zoning Commission reviewed this annexation request on July 25, 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 #01-15 by Forbrook-Bigelow Development. Mr. Brede seconded the motion. The motion carried 5-0. Planning Department Recommendation: See attached staff report, dated July 16, 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 $8.56. Council Action Needed. Following the public hearing, if the Council wishes to proceed as petitioned, it should instruct the City Attorney to prepare an ordinance to be adopted and transmitted to the MN Planning /Office of Strategic and Long Range Planning. Attachments 1. Staff report, dated July 16, 2001. 2. Draft copy of the minutes of the July 25, 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 Rochester / Olmsted County Government Center. 7. McGhie & Betts LINCIL ACTION: Motion after 7:00 p.m. on Monday, August 6, 2001 in the Council Chambers at the Second IRS MANNEXATION EXHIBIT PROPERTY DESCRIPTION: SEE ATTACHED. 1 S 81'41. 9'28" E P3 � N Y � Y m �^ N Y OO 9.91 ACRES SCALE 1" = 200' 7TH STREET NW 1 EXISTING -CITY j LIMITS i f � 1 en ' wLn I a � i Z I Z L..1 � a 5TH sT. niw� j � i o � S 8813-08" W 381.r7 NM 3 <mll']V) n ^ol n z "3: 3 '3Z r 1 SW CORNER NW I SEC 32-107�14 WMpV TR FORBROOK—BIGELOW DEV. P.O. BOX 247 BYRON, MINNESOTA 55920 JUN 2 9 2001 t seas 1' — 200' W-W opAw BY: NJ8 WE: 6/28/01 ACCT. W..: 1121 A/0048 rax Na. ,,,_ Poi No.: BK. PG. (w/ ROCIESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904.4744 CO„„,, OF www.olmstedcounty.com/planning TO: City Planning and Zoning Commission FROM: Theresa Fogarty, Planner 1*y DATE: July 16, 2001 ft...ssaL��.aa �aveai an ar��►I`;�rti1 RE:Annexation Petition #01-15 by Forbrook-Bigelow Development to annex approximately 9.91 acres of land located south of 7th Street NW and west of Manor Ridge Drive NW. The property is located in the NW'/4 of Section 32 of Cascade Township. Planning Department Review: Applicants/Owners: Forbrook-Bigelow Development P.O. Box 247 Byron, MN 55920 Location of Property: The property is located south of 7th Street NW and west of Manor Ridge Drive NW. Existing Land Use: This property is currently Lfdeveloped land. Size: The property proposed for annexation is approximately 9.91 acres of unplatted land. Existing Zoning: The property is zoned A-4 (Agricultural Urban Expansion) 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 eastern Limits: boundary. Sewer & Water: The North West High Level Water System service is available to this property at 7 Street NW. Municipal sewer and water can be served to this property. BUILDING CODE 507/285-8213 - 5071285-8232 - HOUSINGIHRA507/285-8224 PLANNING20NING 507/285-8232 - WELUSEPTIC 507/285-8345 FAX 5071287-2275 .wow AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 • • ' �� Annexation #01-15 July 16, 2001 Utilities: Pursuant to Minnesota Statutes 414.033 (subd. 13), a municipality must notify a petitioner that the cost of electric utility service may change if the land is annexed to the municipality. A notice has been provided to the applicant. Townboard Review: Minnesota State Statutes require that the Townboard members receive a written notice, by certified mail, 30 days prior to the public hearing. The City Council will hold a public hearing on this item on August 6 , 2001. The City Clerk has sent the certified 30 day notice. Referral Comments: 1. Rochester Public Utilities - Water Division 2. Rochester Public Works 3. Olmsted County Environmental Services Report Attachments: 1. Annexation / Location Map 2. 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 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). 119 rpu we pledge, we dePi�er July 9, 2001 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Annexation #01-15 by Forbrook-Bigelow Development to annex 9.91 acres of land located south of 7`h St. NW and west of Manor Ridge Dr. NW. Dear Ms. Gamess: Our review of the referenced petition is complete and our comments follow: 1. The property may be subject to the water availability fee, connection fees or assessments. The Land Development Manager (507-281-6198) at the Public Works Department determines the applicability of these fees. 2. North West High Level Water System service is available to this property at 71h St. NW. 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 you"L—� rs, Q6,OA Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Forbrook-Bigelow Development McGhie & Betts, Inc. Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 ROCHESTER �� Vinneaota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur Date: 7/13/01 DEPARTMENT OF PUBLIC WORKS 201 4th 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 #01-15 on the Fore brook -Bigelow (p/o NW 114 , Sect 32, Cascade) property. The following are Public Works comments on the proposal: This property can be served with City sewer & water. C:ltemplANNX01.15 Forebrook-Bigelow Sect 32 Cascade.doc Draft Minutes of the City Planning & Zoning Commission Date of Hearing: July 25, 2001 Mr. Brent Svenby presented the staff report, dated July 16, 2001, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Mr. Svenby explained that the applicant submitted a preliminary plat and amended general development plan on the same property. Mr. Burke moved to recommend 'approwai of Annekatio1. .n #01N5 by Forbrook ; . Bigelow Development. Mr. Bred& seconded the Mr. Staver asked how the Public Works Department determines the ability to serve proposed areas for annexation. Mr. Svenby explained that the City has done studies on the capacity of the sewer and water systems and also that RPU does modeling of the projects. Mr. Burke asked if staff knew of the projected sewer capacity. Mr. Svenby responded no and stated that he could check with Public Works. REQUEST FOR COUNCIL ACTION DASECTION: ORIGINATING DEPT: PUBLIC HEARINGS I PLANNING EM DESCRIPTION: Zoning Ordinance Text Amendment to Section 65.510(5) Termination of Non - Conforming Signs July 30, 2001 City Planning and Zoning Commission Recommendation: MEETING DATE: 8/6/01 t Q ITEM NO. S _' PREPARED BY: John Harford, Senior On June 4, 2001 the City Council initiated a text amendment to Section 65.510(5). A public hearing was held by the CPZC on July 11, 2001. This section of the ordinance covers the replacement of advertising signs. The proposed language states that 1) multiple signs credits can be used to obtain a single sign permit, and 2) the number of the cap will be reduced by the number of sign credits redeemed minus the one used for the new sign. The CP&ZC discussed the application and voted to approve the proposed text amendment. Planning Department Recommendation: See the attached staff report dated June 13, 2001. Staff recommends approval of the text amendment. Council Action Needed: The Council should pass an ordinance approving the text amendment. tachments: 1. Staff report dated June 13, 2001 and attachments. 2. Minutes of the CP&ZC meeting of January 10, 2001 3. RCA dated for the 6/4/01 council meeting Distribution: 1. City Clerk 2. City Attorney 3. City Administrator 4. Planning Department File IUNCIL ACTION: Mouon bv: _.IObav�J' second ve-h)5 "�) RO STER-OLMSTED PLANNING DEPAPMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 OOU„TT a, www.olmstedcounty.com/planning TO: CITY PLANNING AND ZONING FROM: JOHN HARFORD, SENIOR PLANNER DATE: JUNE 13, 2001 �1fi i►�� ling sa w...afl.caecc7� w�iiiiiifniiii RE: Text Amendment N01-07 initiated by the City Council, to amend Section 65.510 of the Rochester Zoning Ordinance and Land Development Manual. This Section addresses removal of advertising signs and advertising sign credits. Applicant: City Council Proposed Text Amendment: The City Council initiated a text amendment to Section 65.510 of the zoning ordinance that addresses advertising sign credits and how they are redeemed. Land Use Plan: The Land Use Plan does not specifically address this issue. Zoning: Currently, Sections 63.224(1) and 65.510 provide the standards for determining the number of advertising signs permitted within the city. Referral Comments: Those agencies responding had no comments. AnalVsis: The City's advertising sign provisions in the zoning ordinance placed a cap on the number advertising signs in the community, as specified in Section 63.224(1)(e). The ordinance also makes provision for the removal of legal non -conforming sign area by sign owners. Section 65.510(5) states that "any person or entity wishing to erect a new advertising sign that owns any legal nonconforming advertising signs must remove an equal or greater amount of legal non -conforming advertising sign area than the BUILDING CODE 507/285-8213 • GISIADDRESSINGIMAPPING 507/285-8232 • HOUSINGIHRA 507/285-8224 PLANNING20NING 507/285.8232 • WELUSEPTIC 507/285-8345 FAX 507/287-2275 „�,,,, AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER 0 0 10 advertising sign area of the new advertising sign(s) to be erected." These two parts of the ordinance, along with the location and size standards of Section 63.220, guide the Planning Department in the review of applications for and the issuing of advertising sign permits. The ordinance does not specifically recognize that advertising sign size and credits are connected when advertising sign credits are redeemed by a sign company. For example, if three non conforming smaller advertising signs are removed the sign company receives three credits that record sign size, number of faces, height, and lighting. In turn those sign credits are redeemed when a sign company applies for new sign permits. But in order to issue a sign permit, the credits must equal or be more than the proposed new sign, e.g., three sign credits for non -conforming signs that were each 200 square feet in area must be used to construct a new conforming sign that is 600 square feet in area. Staff follows Section 65.510(5)(b) that states "the sign permit shall allow the erection of a new advertising sign so long as the number of the cap set forth in Section 63.224 1)e) is not exceeded and the amount of area of the new advertising sign does not exceed the area of the nonconforming advertising sign which was removed". The staff has assumed that in such an instance the cap would be reduced by the number of advertising signs removed that exceed the new advertising sign that is erected. The ordinance does not clearly state that the cap can be reduced by redeeming multiple sign credits. It does state in Section 63.224(l)(e) that "the cap may be changed by resolution of the City Council". If the cap is not reduced, it would allow sign companies to apply for permits to erect new advertising signs, as in the example 2 more new signs, as there would be room for two more signs under the cap due to the removal of the three smaller advertising signs. These signs would exceed the original square footage of the three smaller signs. This outcome would be in conflict with the intent of the ordinance as stated in Section 63.221, and with the discussion by the Council recommending that the cap on advertising signs is to reduce the number of nonconforming signs over time, and to ensure that the signs that are constructed are meeting the minimum location standards of the ordinance. Staff Recommendation: Staff recommends that the CPZC and City Council amend Section 65.510 and add a clause as 65.510(5)(e) that reads as follows: e) Multiple sign credits may be used to obtain a single sign permit for the erection of a single advertising sign. The amount of the area of the new advertising sign may not exceed the area of the nonconforming advertising signs the removal of which resulted in the issuance of the sign credits. Furthermore, the number of the cap set forth in Section 63.224 (1)(e) shall be reduced by the number of sign credits submitted to the zoning administrator, minus one, in order to obtain the single permit for the new advertising sign. (For example, the use of three sign credits to obtain one new sign permit will reduce the cap by two.) M 9 9 Findings: The criteria that need to be addressed for a text amendment include: 1. Whether there is a public need for the amendment. 2. Whether the amendment will accomplish one or more of the purposes of this ordinance, the Comprehensive Plan or other adopted plans or policies; 3. Whether adoption of the amendment will be lawful. Findings could be as follows: I. There is a need for the city to provide a clear process for the issuance and redemption of sign credits and to make internally consistent the sections of the ordinance that cover credits and redemption of those credits. 2. The amendment will state specifically the requirements of the ordinance regarding the cap, the redemption of credits, and the number of advertising signs that are permitted in the city. The requirements for sign credit redemption will conform more closely with the purpose statement, preserving aesthetics and property values, and protecting the motoring public in addition to reducing the number of nonconforming signs. 3. The automatic reduction in the cap will make clear the number of advertising signs by requiring new signs to be accompanied by a sign credit or credits, making the issuance of sign permits consistent and fair, and the proposed change is considered reasonable and lawful. It has been reviewed by the City Attorney. Attachments: 1. RCA dated 6/4/01 2. Zoning Ordinance text— Sections 63.224 and 65.510 Vl i"( v r �- v6..L.�. .._.....,rah ...•—.w�.,ua.� 1) Permitted Number of Signs: The number of signs permitted on a site is as follows: a) In residential districts, any permitted nonresidential use shall be permitted one free standing sign and one other primary sign. If the use has frontage on more than one street, an additional primary sign may be permitted. Each sign may have an area equal to the maximum sign area permitted in the district. b) in nonresidential districts each use shall be permitted one free standing sign. In addition, one other primary sign is permitted for each 20 feet of frontage, subject to the regulation that the total area for all signs of a given sign type shall not exceed the maximum area for that sign type listed in the table in paragraph 63.225. c) Lots with no frontage or flag lots are subject to the same general regulations listed above, with the modification that the width of the lot at the building line shall be used instead of the frontage for determining the number of signs permitted. Signs for such lots may be placed on adjacent lots having frontage along a street. d) Advertising signs shall not count against the number of permitted signs, except if classified as a roof sign. e) There is established a limit on the number of advertising signs in existence in the City of Rochester. The limit shall be known as a cap. That cap shall equal the total number of advertising signs in existence at the time this ordinance is enacted, the seven issued but unused sign credits in existence at the time this ordinance is enacted and the fifteen sign permit applications pending but not yet acted upon at the time this ordinance is enacted. The cap may be changed by resolution of the City Council. No new advertising signs shall be erected within the City of Rochester if such new-sign(s) would cause the cap on the number of advertising signs to be exceeded. In addition to the restrictions outlined above, advertising signs which contain stacked multiple display faces are prohibited. 2) Construction Criteria for Signs: a) All permanent signs shall be constructed to meet Building Code standards for wind resistance and wind loads. Signs shall be rigidly suspended by means of fastening or support so as not to be free swinging nor a menace to persons or property. b) No sign shall be placed so as to obstruct or interfere with a window, doorway or fire escape, or with the traffic visibility zone requirements of this ordinance. PAGE 341 AUGUST 1, 2000 65.500 NONCONFORMING SIGNS: Whenever any nonconforming sign, or part thereof, is altered, replaced, converted, or changed, the entire sign must be brought into compliance with the provisions of this ordinance. No such sign shall be moved in whole or part to any other location where it would remain nonconforming. The maintenance and minor repair of such signs, however, is permitted. 65.510 TERMINATION OF NONCONFORMING SIGNS: The following guidelines shall govern termination and removal of nonconforming signs within the city after the effective date of this ordinance: 1) Signs which are now in existence and which were constructed in compliance with the terms of any prior ordinance of the City of Rochester or which were constructed in compliance with the regulations of some other public entity but became nonconforming upon the annexation of the sign location to the City, and which are not in compliance with the terms of this code are hereby designated as legal nonconforming signs and shall be subject to removal in accordance with this section. Signs which may be constructed as a result of any administrative appeal pending before the City Council at the time this ordinance is enacted shall also be considered legal nonconforming signs subject to removal in accordance with this section. a) Any advertising signs contained in an annexed area which conform to the current city ordinance regulating advertising signs at the time of annexation shall increase the number of the cap set forth in Section 63.224 1) e). b) Any signs in annexed areas which did not conform to the regulations of the public entity previously responsible for administering the location of the sign are deemed illegal and must be removed immediately upon notice to the sign owner. Any such signs which are advertising signs will not increase the number of the cap set forth in Section 63.224 1) e). 2) Whenever any nonconforming sign or part thereof, is altered, replaced, converted or changed, the entire sign must be brought into compliance with the provisions of this ordinance. No such sign shall be moved in whole or in part to any other location where it would remain nonconforming. The routine maintenance, repair or change of message of such signs, however, is permitted. 3) Termination by Abandonment: Any nonconforming sign, the use of which has been discontinued for a period of 180 consecutive calendar days, regardless of any intent to resume or not to abandon such use, shall be presumed to be abandoned and shall not thereafter be reestablished except in full compliance with this ordinance. 4) Termination by Damage or Destruction: If any nonconforming sign requires change, repair or maintenance which would constitute an expense L of more than 33 percent of the new replacement cost of the sign, the sign must either be removed or brought within the requirements of this section. Any sign which must be removed shall be removed within 60 days of the date of receipt of notice from the Zoning Administrator. Any sign requiring change, repair or maintenance to become conforming must be restored within six months of the date of the need for restoration becomes apparent. 5) Any person or entity wishing to erect a new advertising sign that owns any legal nonconforming advertising signs must remove an equal or greater amount of legal nonconforming advertising sign area than the advertising sign area of the new advertising sign(s) to be erected. a) Once the advertising sign owner has furnished proof of the total area of nonconforming advertising sign(s) removed and proof of removal of the supporting structure, the owner will be issued a sign credit. This sign credit must be furnished to the Zoning Administrator before a sign permit to erect the new advertising sign(s) will be issued. The sign permit shall allow the erection of a new advertising sign so long as the number of the cap set forth in Section 63.224 1) e) is not exceeded and the amount of area of the new advertising sign does not exceed the area of the nonconforming advertising sign which was removed. b) The sign credit must be used to. erect a new conforming advertising sign within two years of the date of issuance or the credit will lapse. If the sign credit lapses, the person or entity seeking to erect a new advertising sign must remove an additional equal or greater amount of legal nonconforming advertising sign area in order to erect a new advertising sign. In addition, if the sign credit lapses, the number of the cap set forth in Section 63.224 1) e) shall decrease by the number of lapsed credits. However, the period of time during which an interim ordinance on the erection of new advertising signs is in effect shall not be counted in determining whether a sign credit has lapsed. c) This replacement requirement applies to all persons or entities that own legal nonconforming signs and wish to erect new advertising signs until the person or entity no longer owns any more legal nonconforming signs. d) In addition, even if an advertising sign owner would otherwise qualify to erect a new advertising sign pursuant to this subdivision, the advertising sign owner may not erect the sign if doing so would cause the number of the cap on advertising signs as set forth in Section 63.224 1) e) to be exceeded. 6) If an advertising sign has been removed as a result of public purchase or condemnation initiated by the City of Rochester, then the sign owner will be entitled to either financial compensation or a sign credit, but not both alternatives. Where the City is not otherwise legally obligated to pay financial compensation, the City retains the right to designate whether the sign owner will receive financial compensation or a sign credit. PAGE 420 AUGUST 1, 2000 PAP a) If however, an advertising sign is removed by a public entity other than the City, the sign owner will not be entitled to a sign credit even though the sign owner may still qualify for financial compensation from the other public entity. b) Advertising signs which are taken as a result of purchase or condemnation where the sign owner does not receive a sign credit shall reduce the number of the cap set forth in Section 63.224 1) e) by the number of advertising signs purchased or condemned. 7) Persons or entities wishing to erect an advertising sign that do not own any legal nonconforming signs may purchase a sign credit from a current sign owner. However, even if a person or entity purchases a sign credit, that person or entity is not entitled to erect an advertising sign if doing so would cause the cap on advertising signs as set forth in Section 63.224 1) e) to be exceeded. 8) A sign credit may only be used in a location which meets all standards of this code. 9) Credits may be transferred between parties through legal means. PAGE 421 AUGUST 1, 2000 Page 14 City Planning and Zoning Commission Minutes Hearing Date: July 11, 2001 Development Plan. Mr. Svenby explained that he had not r the applicant. Therefore, he asked the He stated that he would speak with the Mr. I letter asking that the item be withdrawn from on to continue the item to the next meeting. prior to that meeting. Text Amendment #01-07 initiated by the City Council, to amend Section 65.510(5) of the Rochester Zoning Ordinance and Land Development Manual. This Section addresses removal of advertising signs and advertising sign credits. Mr. John Harford presented the staff report, dated June 13, 2001, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Mr. Hanford stated that he spoke with representatives from Tri-State and Delite and they have not expressed any concerns. He further indicated that City Administration and the City Attorney had reviewed the proposed language and do not have any concerns. Discussion ensued regarding how companies acquire and use sign credits. With no one else wishing to be heard, Ms. Petersson closed the public hearing. OTHER BUSINESS: 1., Storage Containers Mr. Hanford stated that he would address 2. As may be brought up with members issue Mr. Wheeler explained that, when the Council as a substantial land alteration, they also agre to make a clear distinction between a "quarry" later meeting. Rtubstantial o handle the G.A.C. Theatre excavation he Ordinance would need to be amended land alteration." Mr. Brede stated that, at the Commission's la meeting, a asked staff to research specific advertisements being placed on billboards nefir schools aN churches. He explained that the billboard in question had been changed after alking with th company. He further explained that the Supreme Court recently made a rul' g that any atte t to band them would be unconstitutional. Therefore, he indicated t t staff could cease heir research. REQUEST FOR COUNCIL ACTION MEETING J °J DATE: 8-6-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS Public Works S-4 ITEM Permit Parking Petition from 1" Street NW 1100 block PREPARED BY: a{I D. Rossma This is a Public Hearing to establish Permit Parking on 1" Street NW 1100 block. The residents have petitioned the City to establish Permit Parking on their street, to control all day parking during weekdays 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 the following support amongst the abutting property owners or residents: Block street/row # of signers postal survey # of owners % in favor Width For Against 1'Street NW / 1100 block 30/66 13 +1 2 22 64 % I I" Avenue NW / 10 block 36/66 0 +4 1 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. COUNCIL ACTION REQUESTED: Adopt the prepared resolution adding paragraphs (7) & (8) to permit parking zone #5 "Cascade Manor Neighborhood": of Section L "Permit Parking" of the Comprehensive Traffic And Parking Resolution on Book, to read: (7) First Street NW on both sides , from I I" Avenue NW to 12' Avenue NW, from 8:00 am to 4:00 pm, Monday thru Friday (8) Residents of I I " Avenue NW / 100 block are eligible for permits for Zone #5. Amend paragraph (35) of section B "NO Parking Zones' to eliminate the 1100 block. COUNCIL ACTION: Motion Second MA �M rnton o O N N T-- T T T � T r T 0 r N N T K7 -r -N- T I- <-•- r- Ln r'_- N ._�.._T. c r- c _. T T VI �- w �� r ,CN '- v Ln T O' T' T T r (Q .. n O N Lo N . N. .M- O O N N T v n T �- T r- N - N N _ .CN. lli _. cNV i (M N04 __.YV... i-o N CV N co O) C � r m N 04 N co M O 1 1 T N M MVCL M r N 7 � N - cn rCN- - N N T N Mqw Z co O O I O M IT 0 o Mo � � rT iw 3nr tt 0 Lo T n T Z* O ` N M N T T _r T._N N r M M r M T T T � T o t(i T T T rn r T � T � M O a N ea} N . r O CN o W N O N T O 04 N. T r N04 O T O N coT. N I to r o N N .' F to N � m 04N .O 04 r W. N T N� T O O 3 N N - b- F O ,N- T NNN: Tir A N N .N 04 ir " [07 04N 04 O a •N-- U -t.Mj. C. ^ pp co e} N N Cl) M M^ M N T C%l 7 T N T O N r O OTR O T O� M O e' N M T M T � M 00 � O T � r- N_....v CN V M T N N W tvOj N T o LO n o M r p cn 0... '-M T M n . v a)0 O O O O m�- _ rn r o � co T LO N .� co Ln p e no r N N n U) m }( `C Qi cu L C No O z a. �. �a �. Y ca o W o — 'x LJ a. a_ a 0 i L o J REQUEST FOR COUNCIL ACTION MEETING 193 DATE: 8/6/01 RESOLUTIONS AND ORDINANCES ORIGINATING DEPT: ITEM NO, CITY ATTORNEYS OFFICE G M DESCRIPTION: 1PREPARE6 RESOLUTIONS AND ORDINANCES G.1 G. 2. FIRST READING OF ORDINANCES, as appropriate. a) An Ordinance Rezoning Certain Property in Section 15 of the Rochester Township Recently Annexed to the City of Rochester from the H District to the I District, and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota. G. 3. SECOND READING OF ORDINANCES (for adoption). G. 4 a) An Ordinance Amending and Reenacting Section 64.133 of the Rochester Code of Ordinances, Relating to the Funding of Required Development Approvals. 1Dro ve b) An Ordinance Rezoning Certain Property from the R-1 District to the AG District, and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota. 165 Acres of Airport Property. 41,bpwo c) An Ordinance Annexing to the City of Rochester Approximately 40 Acres of Land Located in the Southwest Quarter of the Southwest Quarter of Section 13, Township 106 North, Range 14 West, Olmsted County, Minnesota. Said Property Located on East River Road NE West of Highway 63. MISCELLANEOUS INCIL ACTION: Motion bv: second INFORMATIONAL ITEMS 1) Committee of the Whole Meeting Minutes from Meetings of 06125101, 07109101, 07123101 and 07130101 COMMITTEE OF TF-tE WFtOLE ROOM 104, CITY FfAL.1_ J LtN E 25, 2001 4:15 P.M. P (f,E 2-74 1) Proposed No Swi.o 60.g ord'W"avze PERSONNEL-ADVISOP.Y COMMITTEE CITYADMIN. CONFERENCE ROOM WED N ESDAY,J LtN 6 27, 2001 12:00 NOON 9 yw r COMMITTEE OFTHE WHOLE ROOM 104, CITY HALL JULY 9, 2001 4-15 P.M. 1) presentation OF 2002 AuditT�pport (114) 2) Confined SpaceTtpscue Service (att/achment) / 7` .L.,t/s��-1+,.e.� i/rlLt /J 'ii " .a! vcF-ccc � - /lfs/+.iiaLL-aGG. �c^e.'/i'-f_. .G�r%•r�''�'r-.0 664 Cry-��t���k.�-F U t-� � � .-^ � / --_ • , µ. (15-16) s) Rgview State and County Fire Mutual Aid IZ(?quirements (attachment) -17 /!'�yygi�i mot. s-+IyJ % t T i/ __`°`"-�Yd" rs'.'y✓ •; a- e.?1a-v+'-�-� uorsua�x3 fou 1400JUG Hw9L Oita a06 gaaadojd s,sltoj uoa uo eurpaaao uo119puzuapuoa aK� uo �auao��tT Ralto aKa 1"oala uox �[t�nzuuaroa ariaaaw oil olquoOt" payola v (� ap2s")3091 aaagaHaow 40 garalpaus'Mto gaunoa A 'tv '48 IL AGANpH aria off. sp RauaoaUV 941ra aKU M04A uor tactztt�cauoa a.1*raaaw off, bkluaatu pasota v (L fewld—amu La oa Mqfoollom - asioli'R aff2 do 33a9.I t"oa "d %L-ah - otuagagu wauvoel 6�Ia IV FAGL COMMITTEE OF THE WHOLE. ROOM 1 of CITY HALL JULY 3o, Zooi 4:15 P.M. Continued Discussion of the Proposed No Smoking Ordinance ❖ The purpose of this continued discussion is to hear from the opponents to the proposed No Smoking Ordinance. Individuals wko have expressed an interest to 6e heard are Mark Andersen, Dennis Denzer and brenda Kiggott.