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Home My WebLink About10/15/2001_RegularCITY OF ROCHESTER COUNCIL AGENDA O COUNCIL/BOARD CHAMBERS GOVERNMENT CENTER 151 4TH STREET SE MEETING NO. 21 October 15, 2ooi REGULARADJOURNED 7:00 P.M. PAGE 1 A. OPEN COMMENT PERIOD B. CALL TO ORDER C. LETTERS AND PETITIONS D. CONSENT AGENDA/ORGANIZATIONAL BUSINESS 1. Approval of Minutes 3-4 2. Renewal of Electric Utility Franchise Agreement with People's Co- op Power 5-6 3. Resolution of Support for Art Center Request for State Capital Bonding Funds 7 4. Public Hearing for Housing Revenue Bonds for Weatherstone Townhomes Project 8-9 5. Licenses, Bonds & Miscellaneous Activities 10 6. Set Hearing for Assessing Weed Removal, Snow Removal, Debris Removal, Tree Removal, Impound Towing, Secure Property, Water Service, and Sidewalk Repair 11 7. Renewal of Currency Exchange License - Pawn America Minnesota 12 8. Accounts Payable 13 9. Acceptance of Donations from Area Businesses 14-15 10. Schmidt Park Land Lease 16 11. Revision of City Ordinance 134.(4) 17 12. Donation for Police Department Honor Guard Unit 18-24 13. Feasibility Report for Curb, Gutter & Overlay on 7"' Ave SE from 16" St to 16 1 /2 St SE 25-30 14. Feasibility Report Curb, Gutter & Overlay on 6"' Ave SE from 16 1/2 St SE to End of Cul-de-Sac 31-35 15. Feasibility Report for Curb, Gutter & Overlay on 5"' Place NW from 16" Ave NW to Civic Center Drive NW 36 16. Professional Services Agreement: TH 52/65"' Street Access Study 37 17. Settlement Agreement: 204 33 d Street SW 38 18. Development Agreement - Boulder Ridge 39 19. Annexation of KR-6 Property Council Agenda October 15, 2001 Page 2 40 20. Permit Parking Petition from 80 Avenue SW/600 Block 41 21, Award Contract: 2"d Street SW Bike Trail from 23rd Avenue SW to West Circle Drive 42 22. Owner Contract - Hart Farm Subdivision (J9784) 43 23. Owner Contract - Fox Ridge Townhomes First CIC#159 First Supplemental (J98817) 44 24. Stormwater Management Agreements 45 25. Engineering Services for the Willow Creek Bike Trail Project (4945) 46 26. Owner Contract - Boulder Ridge Subdivision (J9845) 47 27. Real Estate - City Land Sale - Lot 3, Elton Hills Business Park 48 28. H/C Parking for Resident at 501-C 5"' Street SE E. HEARINGS 49-51 1. Final Plat #01-10 by Arcon Development to be Known as Boulder Ridge Located Along the East Side of Bendel Road NW, South of Bandel North First Subdivision 52-63 2. Medical Institutional Campus Special District - Mayo Medical Center Five Year (2001-2006) Plan Update Presentation 64-66 3. Determine Whether Road Constructors, Inc. May Be Considered Responsible Bidders for Future City of Rochester . Local Improvement Projects 67-75 4. Final Plat #01-02 by Badger Development ll, LLC to be Known as Badger Ridge Second Subdivision Located Adjacent to the Westerly Side of Badger Ridge Subdivision, South of Valleyhigh Road NW and East of West Circle Drive 76-85 5. Final Plat #01-43 by Curt Swedlund to be Known as Bandel Business Center Located Along the West Side of Bandel Road NW, East of Highway 52 and North of 591h Street NW 86-103 6. Final Plat #0144 by Carriage Homes XVII, Inc. to be Known as Fox Ridge Townhomes First CIC #159 Supplement Located West and North of Meadow Lakes Drive NW and South of 3rd Street 104-112 7. Annexation Petition #01-19 by Donald Untiedt to Annex Land Located South of Viola Road, East of the Century Hills Development and West of Haver Hills Subdivision 113-121 8. Annexation Petition #01-21 by Jerry Nelson to Annex Land Located North of 65"h Street NW, Along the West Side of TH 52 and North of Bandel North 1 Subdivision, Along the East Side of TH 52. 122-126 9. Vacation Petition #01-12 by Lynn Sobeck to vacate a five-foot utility easement located at 502 24t' Street SW 127-141 10. Continued Hearing on Vacation Petition #99-13 by Dan Meyer . and Mary Kay Thomas 142-147 11. Establishment of Rochester Economic Development Authority Council Agenda October 15, 2001 Page 3 (EDA 148 12. Establishment of a Tax Increment Financing District #21-1 for 24 Lots Within Valley Side Estates Subdivision F. REPORTS AND RECOMMENDATIONS 149 1. Amended and Restated Development Assistance Agreement with Lumber One, Avon Inc. for Valley Side Estates Subdivision 150 2. Development Assistance Agreement with Lumber One, Avon Inc. for the Single Family Home Construction in Valley Side Estates Subdivision 151 G. RESOLUTIONS AND ORDINANCES H. TABLED ITEMS I. OTHER BUSINESS J. ADJOURNMENT • REQUEST FOR COUNCIL ACTION MEETING DATE: 10/15/01 AGENDA SECTION: DEPT: ITEM NO. OPEN COMMENT PERIOD FORIGIN—INGAT DMINISTRATOR A TFEM 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. C NCIL ACTION: Motion by Second by: to: REQUEST FOR COUNCIL ACTION Meeting DATE: 10-15-01 ENDA SECTION: ORIGINATING DEPT: ITEM NO: CONSENT AGENDA CITY ADMINISTRATOR D -1-28 ITEM DESCRIPTION: PREPARED BY: APPROVAL OF CONSENT AGENDA ITEMS G. NEUMANN This RCA lists all the items which have been included in the consent agenda for this meeting. The Council can approve all of the items with a single motion to approve. The Council President will allow the Councilmembers an opportunity to state whether there are any of these items which you wish to have removed from the consent agenda approval and to have them discussed and acted upon separately by the Council. The consent agenda for this meeting consists of the following RCAs: D-1. Approval of Minutes D-2. Renewal of Electric Utility Franchise Agreement with People's Co-op Power D-3. Resolution of Support for Art Center Request for State Capital Bonding Funds DA. Public Hearing for Housing Revenue Bonds for Weatherstone Townhomes Project D-5. Licenses, Bonds & Miscellaneous Activities D-6. Set Hearing for Assessing Weed Removal, Snow Removal, Debris Removal, Tree Removal, Impound Towing, Secure Property, Water Service, and Sidewalk Repair D-7. Renewal of Currency Exchange License - Pawn America Minnesota D-8. Accounts Payable 10Acceptance of Donations from Area Businesses 0. Schmidt Park Land Lease D-11. Revision of City Ordinance 134.(4) D-12. Donation for Police Department Honor Guard Unit D.13 Feasibility Report for Curb, Gutter & Overlay on 7d' Ave SE from 16d' St to 16 112 St SE D-14. Feasibility Report Curb, Gutter & Overlay on 6"' Ave SE from 16 1/2 St SE to End of Cul-de-Sac D.15. Feasibility Report for Curb, Gutter & Overlay on 5d' Place NW from 16"' Ave NW to Civic Center Drive NW D.16. Professional Services Agreement: TH 52/65"' Street Access Study D-17. Settlement Agreement: 204 33 d Street SW D-18. Development Agreement - Boulder Ridge D-19. Annexation of KR-6 Property D.20. Permit Parking Petition from 8d' Avenue SW/600 Block D.21. Award Contract: 2Id Street SW Bike Trail from 23 d Avenue SW to West Circle Drive D-22. Owner Contract - Hart Farm Subdivision - D-23. Owner Contract - Fox Ridge Townhomes First CIC#159 First Supplemental D-24. Stormwater Management Agreements D.25. Engineering Services for the Willow Creek Bike Trail Project D-26. Owner Contract - Boulder Ridge Subdivision D-27. Real Estate - City Land Sale - Lot 3, Elton Hills Business Park D-28. H/C Parking for Resident at 501-C 5"' Street SE �NCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING 3 / DATE: 10/15/01 AGENDASECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY ADMINISTRATOR YD __ 2 17EM DESCRIPTION: RENEWAL OF ELECTRIC UTILITY FRANCHISE AGREEMENT PREPARED BY: WITH PEOPLE'S CO-OP POWER T. SPAETH In 1991, the City of Rochester approved an electric utility franchise with People's Cooperative Power Association for a five year term. The franchise expired in 1996 and was renewed for an additional five year period. That agreement expired in June, 2001. Since People's continues to serve some utility customers for a period of time after their annexation into the City, it is recommended that the renewal of the franchise be undertaken. RPU's staff has indicated they are not aware of any problems in the administration of the franchise, and they are supportive of a renewal of the existing franchise terms. A representative from People's has indicated he is not aware of any problems with the franchise agreement as written. COUNCIL ACTION REQUESTED: Approval to amend RCO 98 to provide a five year extension of the franchise with People's Cooperative power • Association, Inc. under the same terms and conditions. C UNCIL ACTION: Motion by: second by: to: rpu we pledge, we deliver DATE: October 11, 2001 TO: Terry Spaeth, Rochester Assistant City Administrator FROM: Walt Lorber, RPU Director of Operations Re: ELECTRIC FRANCHISE RENEWAL Rochester Code of Ordinances Chapter 98 Ordinance No. 3045 MEMORANDUM The five-year electric franchise granted to People's Cooperative Services for the operation of an electric utility within the corporate limits of Rochester expired on June 6, 2001. Since People's continues to periodically serve various customers after annexation for 1-2 years while RPU completes the process of acquiring service rights, a renewal of the franchise would be appropriate. RPU staff is not aware of any problems in the administration of the franchise. RPU supports a renewal of the existing franchise terms. c: Larry Koshire yi is • 0 Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 REQUEST FOR COUNCIL ACTION MEETING DATE: 10/15/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. AIL CONSENT CITY ADMINISTRATOR - I M DESCRIPTION: RESOLUTION OF SUPPORT FOR ART CENTER REQUEST FOR PREPARED BY: STATE CAPITAL BONDING FUNDS G. NEUMANN The Art Center Board has requested that the City Council adopt a resolution of support to allow an application for State bonding funds to be submitted for the construction of a new Art Center building. Funding remains to be secured in order for the proposed Art Center project to be constructed. The Art Center provides a valuable cultural resource for this area of the State that would be enhanced with the construction of a new expanded facility. Significant funds have already been secured from the City of Rochester and private donations for the construction project. The State bonding process provides matching funds for some projects that have a Statewide or regional impact. The Art Center has such an impact and the funds raised to date would provide the necessary funds to match any State funding that is secured. The Art Center Board has indicated that they would be requesting $2.3 million in State funding towards an estimated project cost that may exceed $8 million. This office would recommend approval of the resolution of support. We would recommend that this project be listed as the number two priority of the City, with the Public Safety Training facility being the number one priority. Council Action Requested. Approval of the resolution of support for the Art Center State bonding request as the number two priority of the City. COUNCIL ACTION: Motion by Second by: to: G/ Ffi October 12, 2001 Mr. John Hunziker President, Rochester City Council 2828 Mayowood Common Street SW Executive Officers Rochester, MN 55902 Jim Suk President Dear Mr. Hunziker: Paul Barton Vice President The Rochester Art Center (RAC) has actively continued its fundraising efforts Don Supalla toward its goal of $8.2 million to build a new Rochester Art Center. In addition to Treasurer the City's generous support of $3.1 million, RAC has raised $2.8 million from the Karel Weigel private sector, representing corporate, individual, and foundation gifts. Secretary Jack van Straacen Currently, RAC is awaiting word from two major foundations on the status of its Ex-officio President grant requests. RAC applied to the Bush Foundation for a $500,000 grant, with a Jameswalch decision due in November. RAC also applied to the Kresge Foundation for a Ex-officio Treasurer $450,000 grant and should know the outcome of that grant request by December 2001. Board Members The Art Center has $2.3 million left to raise and has decided to pursue state Robin Barlow funding for its project. There is a huge imbalance of Minneapolis/St. Paul art Sarah Christensen related capital projects vying for state dollars compared to out -state projects. A Darlene Drew listing of these projects follows: Minneapolis Planetarium-$30 million, Guthrie Pat Edwards Theatre-$35 million, Roy Wilkins Auditorium-$70 million, Como Park Linda Gilsrud Conservatory-$3 million, Perpich Center for the Arts-$ I million, Children's Theater Company-$12 million. These projects total $151 million in the Diana Henke metropolitan area alone. Diane Harrington Peg Mattke The RAC Board of Directors respectfully requests that the Common Council pass Carolyn Piepho a resolution in support of the Rochester Art Center's request of $2.3 million from Paul Scanlon the state bonding appropriations budget toward construction costs of the new Mike Schad Rochester Art Center. This request represents 28% of the total project costs. The Art Center provides a valuable cultural resource for all of Southeastern Minnesota Dave Senjem and has a statewide cultural impact. We feel that some state appropriation is Byron Stadsvold warranted to assist the local community and the private contributors in providing Yvonne Sterioff an enhanced cultural resource for the State of Minnesota. We sincerely request Sheryl Tesler your support. Sandra Weissler Paul Wilson RAC Board of Directors 4 • • Rochester Art Center • 320 East Center Street • Rochester, MN 55904 • 507-282-8629 • Fax 507-282-7737 REQUEST FOR COUNCIL ACTION 7/ MEETING DATE: 10/15/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY ADMINISTRATOR _. Lt I M DESCRIPTION: PUBLIC HEARING FOR HOUSING REVENUE BONDS FOR PREPARED BY: WEATHERSTONE TOWNHOMES PROJECT T. SPAETH On July 16, 2001, the Council approved a preliminary resolution to approve $20,000,000 in federal tax exempt housing revenue bonds for Phase 2 of the Weatherstone Townhomes Limited Partnership and for $9,000,0000 for Phase I of the Weatherstone Townhome project. As you may recall, Phase I had previously been approved for $7.5 million in housing revenue bonds, of which a portion were taxable bonds. At this time, the developer is proposing to refund that bond issuance, and refinance the project with the $9,000,000 in tax exempt bonds. The bonds will be insured by FHA and will be "AAA" rated. These bonds are an obligation of Weatherstone Townhomes, LLC and not of the City of Rochester. COUNCIL ACTION REQUESTED: Approval to call a public hearing for the issuance of up to $9,000,000 in tax exempt housing revenue bonds for • the Weatherstone Townhomes Phase I and $20,000,000 for Phase 2 of the project. UNCILACTION: Moeonby: second by: to: REQUEST FOR COUNCIL ACTION MEETING 8" DATE: 10/15/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY CLERK IM DESCRIPTION: LICENSES, BONDS & MISCELLANEOUS ACTIVITIES PREPARED BY: DONNAISCHOTT The following licenses, bonds and miscellaneous activities are submitted for the Council's approvals or disapprovals. All are pending departmental approvals, the required insurance, bonds, fees and all outstanding debts with the City of Rochester. GAMBLING — PREMISE PERMIT I Dover Firefighters Relief Assn. 311 West Park Dover, Mn. 55929 FOR Rochescheers Country Pub 320 1"Ave SW Rochester, Mn. 55902r�1i G Dover Firefighters Relief Assn 311 West Park Dover, Mn. 55929 FOR •Aviary Restaurant 4320 Hwy 52 North Rochester, Mn. 55901 Dover Firefighters Relief Assn (RENEWALS) 311 West Park Dover, Mn,. 55929 Crown Restaurant & Lounge 1408 2nd St SW Wright Stuff Restauranant 7600 Helgerson Dr SW - Airport Shady Hill Grill 401 6" St SW Comfort Inn & Conference Center 1625 S Bdwy Riptide Bar & Grill 530 1 ld' Ave NW CNkCIL ACTION: Motion by: Second by: to: LICENSES, BONDS AND MISCELLANEOUS CITY ACTIVITIES PAGE OCTOBER 15, 2001 HEATING CONTRACTOR . Alliant Heating & Air Conditioning 3650 Kennebec Dr Suite 1 Eagan Mn, 551122 PLUMBING Dakota Plumbing 3650 Kennebec Dr Suite 102 Eagan, Mn. 55122 SIGNS Leroy Signs, Inc. 6325 Welcome Ave N Minneapolis, Mn 55429 MISCELLANEOUS Rick Morland 1926 Cabernet Ln NW Rochester, Mn. 55901 FOR Rogers & VanKamp Wedding 10/27/01 5:00 PM to 6:00 PM • Horse & Buggy ride from Good Shepherd Church (559 201h St SW) to Best Western Motel — Apache Downtown Business Association PO Box 416 Rochester, Mn. 55903 Santa Claus Rescue & Carriage Rides 11/23/01 5:00 PM to 8:00 PM 100 First Ave Bldg. (Santa Rescue) Peace Plaza to Central Park (Carriage Rides) COUNCIL ACTION REQUESTED A motion to approve or disapprove the above licenses and miscellaneous city activities. E REQUEST FOR COUNCIL ACTION MEETING DATE: 10/15/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY CLERK D - 5 1W DESCRIPTION: LICENSES, BONDS & MISCELLANEOUS ACTIVITIES PREPARED BY: DONN.AJSCHOTT The following ADDENDUM licenses, bonds and miscellaneous activities are submitted for the Council's approvals or disapprovals. All are pending departmental approvals, the required insurance, bonds, fees and all outstanding debts with the City of Rochester. SIDEWALK — CEMENT Jim Cummings Concrete 53238 262 St. Austin, Mn. 55912 MISCELLANEOUS CITY ACTIVITIES Mayo One Helicopter Team Pictures 11///6/01 9:00 AM to 10:30 AM Soldiers Field Memorial Rochester, Mn. 55902 COUNCIL ACTION REQUESTED A motion to approve the above ADDENDUM licenses and permits. COUNCIL ACTION: Motion by Second by: to REQUEST FOR COUNCIL ACTION MEETING /O DATE: 10-15-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Gwent Agenda/Organizational Business City Clerk T I1W DESCRIPTION: Set Hearing for Assessing Weed Removal, Snow Removal, Debris Removal, PREPARED By. Tree Removal, Impound Towing, Secure Property, Water Service, and Sidewalk Repair Eileen Schneider This is a request to set a hearing for the assessing of unpaid bills for Weed Removal, Snow Removal, Debris Removal, Tree Removal, Impound Towing, Secure Property, Water Service and Sidewalk Repair. The hearing will be held on November 19, 2001. • COUNCIL ACTION REOUESTED A motion to approve the resolution setting a hearing on November 19, 2001 for assessing unpaid accounts for Weed Removal, Snow Removal, Debris Removal, Tree Removal, Impound Towing, Secure Property, Water Service, and Sidewalk Repair. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 10/15/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Ak Consent Agenda City Clerk 0 r 17 ITEM DESCRIPTION: Renewal of Currency Exchange License - Pawn America Minnesota PREPARED BY: LLC Judy Scherr Pawn America Minnesota LLC has made application to the State of Minnesota for renewal of their Currency Exchange License for 2002. In checking with the Police Department, no outstanding violations are current or have occurred in the past. The Police Department indicates that Pawn America Minnesota is very cooperative in working with them. I would recommend that the City of Rochester give its approval for the renewal of the license with the State of Minnesota for 2002. COUNCIL ACTION REQUESTED A motion approving renewal of the Currency Exchange License for Pawn America Minnesota LLC for 2002. t1 d C NCIL ACTION: motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING IoZ DATE: 10/15/01 AGENDA SECTION: Consent Agenda IGINAING DEPT: FFFinanceTDepartment ITEM NO. C/ M DESCRIPTION: Approval of Accounts Payable PREPARED BY: Dale Martinson Respectfully request a motion to approve payment of Accounts Payable (submitted separately) in the amount of $1,739,917.35. Less: Any exceptions • CMINCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING 13 � DATE: 10/15/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda Fire ITEM DESCRIPTION: PREPARED BY: ACCEPTANCE OF DONATIONS FROM AREA BUSINESSES DC Felsch The following donations have recently been given to the Rochester Fire Department: Target Corporation = $1,000 Home Depot = 26 Smoke Detectors (value = $287.94) Mayo Employees Credit Union = $158.00 These donations will be used to purchase Fire Safety Education materials, smoke detectors and smoke detector batteries provided at no charge for senior citizens, low income families and fire victims. • COUNCIL ACTION REQUESTED Request approval to accept the donations. C UNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING /Y DATE: 10/15/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Park and Rec .D /C A DESCRIPTION: PREPARED Y: Schmidt Park Land Lease D Stotz 123 �" Quotations were received for the two year lease of 35 acres of tillable land owned jointly by the City and School District. The Park Board has reviewed the quotations and recommends that a two year lease agreement with Randy Hart be approved by the Council. Quotations received: Randy Hart ................$88/acre/year Burt Patchin ...............$70/acre/year • Council Action Requested: Approval of a two lease agreement with Randy Hart for 35 acres of tillable land at the quoted rate of $88 per acre per year. NCIL ACTION: Motion by: second by: to: 9 REQUEST FOR COUNCIL ACTION MEETING /( / DATE: 10/15/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda Police ITEM DESCRIPTION: REVISION OF CITY ORDINANCE 134.10 (4) PREPARED BY. Roger Peterson Current city ordinance 134.10 (4) reads as follows "within ten feet of a fire hydrant". It is requested that this ordinance be changed to read "within ten feet of any fire hydrant located on or near any public street. To be measured by taking a direct line to the nearest street and measuring ten feet in either direction. All other fire hydrants will be measured as having a no parking zone within a ten foot circumference of the hydrant itself'. The requested revision has been reviewed by Lyle Felsch, RFD and Dave Rossman, City Traffic and approved. COUNCIL ACTION REQUESTED Approval of city ordinance 134.10 (4) revision. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING / 7 / DATE: 10/15/01 AGENDA SECTION: Consent Agenda ORIGINATING DEPT: Police ITEM NO. N DESCRIPTION: DONATION FOR POLICE DEPARTMENT HONOR GUARD UNIT PREPARED BY: Roger Peterson Rochester Eagles Club #2228 has donated $500.00 to the City of Rochester for the purpose of equipping the Honor Guard Unit. COUNCIL ACTION REOUESTED Approval to accept $500 donation for the Honor Guard Unit from Eagles Club 42228. COUNCIL ACTION: MoBonby: Second by. to: REQUEST FOR COUNCIL ACTION MEETING /v / DATE: 10/15/01 AGENDA SECTION: CONSENTAGENDA ORIGINATING DEPT: M DESCRIPTION: Feasibility Report and Request for Hearing for: Curb, Gutter & Overlay on 7th Ave SE from 16th Street to 16Y: Street SE (J9840) This is a Feasibility Report for the following local improvement project: Project Number 6307-2-02 (J9840) Project Name Curb, Gutter & Overlay on 7th Ave SE from 16th Street to 16'/a Street SE ITEM NO. D -- / 3 PREPARED BY: Kelm Project Background The existing street was constructed with bituminous curb in 1973. The roadway section has a Pavement Condition Index (PCI) rating of 75. A petition for said project was referred to Public Works at the May 1, 2001 City Council meeting. An informational meeting was held with the abutting property owners on October 9, 2001. Their support for a rehabilitation project resulted in this preparation of the Engineer's Feasibility Report and request for project and assessment hearing. Estimated Proiect Costs Feasibility Cost Construction: 2200 Bituminous Pavement Rehab w/ ci 0-58 $87,700.00 8307 Sidewalk Replacement $1 900.00 Storm Sewer Repairs/Upgrades $4 800.00 Sub Total $94 400.00 En ineerin Interest Contingencies 12% S11 328.00 TOTAL 5105,728.00 Project Cast Distribution Distribution: Special Assessments - Frontage 527 490.87 Special Assessments - Sidewalk $460.25 8307 Sidewalk Replacement 1 667, 75 2200 Bituminous Pavement Rehab w/ ci 0-59 $70 733.13 Storm Sewer Re airs/U Parades $5 376.00 TOTAL $105,728.00 P& 7e Recommendation We report the project is feasible as a concrete curb and gutter and overlay project and recommend its construction in 2002. COUNCIL ACTION REQUESTED: 1. Adopt a resolution receiving the Feasibility Report. 2. Adopt a resolution ordering a Project Hearing to be held for November 19, 2001. 3. Adopt the resolution ordering the preparation of the Assessment Roll. 4. Adopt the resolution ordering an Assessment Hearing for November 19, 2001. Attach: Feasibility Report, Map, Petition 1NCIL ACTION: Motion /9 REPORT ON THE FEASIBILITY OF A PROPOSED LOCAL IMPROVEMENT PROJECT FOR: CURB, GUTTER & OVERLAY ON 7TH AVE SE FROM 16 1/2 ST SE TO 16TH ST SE October 10, 2001 Honorable Mayor & Common Council City of Rochester, Minnesota A resolution proposing certain petition requesting the following project: Curb, Gutter & Overlay on 7th Ave SE from 1.6 1 /2 St SE to 16th St SE, was referred to the Public Works Department on May 1, 2001 for preparation of the Engineers Feasibility Report. Feasibility Report We report the project is feasible and recommend its construction in the year 2001 based on the current condition of the street and participation by the abutting property owners. The existing street was constructed with bituminous curb in 1973. We recommend that the project be constructed and funded in accordance with the City's Comprehensive Pavement Management Strategy (CPMS). The CPMS is an objective, cost-effective program for the preservation, rehabilitation and reconstruction of the City's infrastructure. The most cost-effective strategy at this time for this street, which has a Pavement Condition Index (PCI) rating of 75, is rehabilitation. Work typically will include the following 1. Removal of existing edges of the roadway and gravel base, boulevard sod 2. Construction of concrete curb and gutter, and driveway aprons 3. Resurfacing of the entire street with bituminous asphalt. 4. Sidewalk sections reviewed for replacement. 5. Boulevard areas re -sodded. This report and the estimated costs for the project are prepared without the benefit of field surveys, soils boring or completed plans and specifications: Feasibility Cost Construction: 2200 Bituminous Pavement Rehab w! ci 0-59 $87 700.00 8307 Sidewalk Replacement $1 900.00 Storm Sewer Repairs/Upgrades $4 800.00 Sub Total $94 400.00 ,EnaineerinS, Interest Contingencies 12°% $11 328.00 TOTAL $105.728,00 -2— OCT013 ak 10, 2001 Assessment Distribution: The cost of street rehabilitation, as established by City Council Policy, for the year 2002 will be used for this project as follows: Residential Zones ............ $15.98 per assessable foot Commercial Zones........... $23.97per assessable foot Residential corner lot assessments are based on the length of the short side of the lot plus any length greater than 120 feet on the long side if the long side is reconstructed. Curb Gutter Overlay Rates Year 2002 feet Total Cost Residential Zones $15.98 1,720.33 $27,490.87 Commercial Zones $23.97 Subtotal $27,490.87 Replacement sidewalk is assessed by the square foot of sidewalk replaced and is assessed directly to the abutting property owner at the following rates: 4" Sidewalk(residential).................................................$5.33 per square foot 5" Sidewalk (commercial)...............................................$6.12 per square foot 6" Sidewalk (at residential drive approaches).................$6.92 per square foot 7" Sidewalk (at commercial drive approaches)...............$7.46 per square foot 6" Cone. Drive Approach(residential)............................ $31.95 per square yard Residential corner lot sidewalk assessments are based on the replacement length of the short side of the lot plus half the quantity on long side if the long side is replaced. The long side credit reflects the half dollar amount for all long side quantities. Sidewalks 2002 sq. ft sq. ft Total Cost 4" Sidewalk residential $5.33 86.35 $460.25 T Sidewalk commercial $6.12 6" Sidewalk (at residential drive approaches) $6.93 7" Sidewalk at commercial drive approaches) $7.46 Subtotal $460.25 credit for Ion side Subtotal $460.25 Proiect Distribution: Special Assessments - Frontage $27 490.87 Special Assessments - Sidewalk $460.25 8307 Sidewalk Replacement $1 667.75 2200 Bituminous Pavement Rehab w1 ci 0-59 $70 733.13 Storm Sewer Re2airs/Upgrades $5 376.00 TOTAL $105,728.00 Submitted foryoyr consideration: Russell Kelm, PE Design Engineer Do glas Nelson, PE Engineering Manager V:��,PR(llh:ClSlf-PItOJ''.J9N-00`.,Uceitpt\Uoes �,ica;6biliry I:cport.UOC - 3 - OCrOBER 10, 2001 CONCRETE CURB & GUTTER AND OVERLAY ON 3RD STREET SE FROM 11TH AVE TO 13 '/2 STREET SE P:.VRO)F.('ISJ-PRC�J\J'18-0lgUccign�Urxc�,icacfbilitp Kcpom UOC — a — OCrOBER 10, 2001 a�/ BUDGET AND ASSESSMENT SCHEDULE FOR CONSTRUCTION CONTRACT Project No: 6307-2-02 Date: October 10 2001 J No: 9840 Description: Curb, Gutter 8 Overlay on 7lh Ave SE from 16th Street to 16% Street SE Feasibility Cost Engineer Estimate Cost Contract Cost Final Cost Construction: 2200 Bituminous Pavement Rehab w/ ci 0.59 $87,700.00 8307 Sidewalk Replacement $1,900.00 Storm Sewer Repairs/Upgrades $4,800.00 Sub Total $94 400.00 $0.00 $0.00 En ineerin Interest Contin encies 12% $11 328.00 $0.00 $0.00 TOTAL $105,728.001 $0.00 $0.00 Distribution: Special Assessments - Frontage $27 490.87 $27 490.87 $27 490.87 Special Assessments - Sidewalk $460.25 $460.25 $460.25 8307 Sidewalk Replacement $1,667.75 - 460.25 - 460.25 2200 Bituminous Pavement Rehab w/ ci 0-59 $70,733.13 - 27 490.87 -$27 490.87 Storm Sewer Repairs/Upnrades $5 376.00 $0.00 $0.00 TOTAL $105,728.00 $0.00 $0.00 Distribution Percentages: Special Assessments 26.44% #DIV/0! #DIV/01 Cit Street Share 73.56% #DIV/01 #DIV/01 TOTAL 100.0% #DIV/01 #DIV/01 Make Initial Disbursement from P. 1. R. Fund r.,reap.c; ts\�-veo/\.�rIH u11,1)n�i4rr\! )n� a\.I'c:mibility I<�p..rt UOC; a3 Page 4 of 4 / January 29, 2001 PETITION FOR LOCAL 'IMPROVEMENT PROJECT CITY OF ROCHESTER We the undersigned owners of property in A orJt esfe. k in Olmsted County, Township, . Minnesota, do hereby petition the Rochester City Council to construct the following local improvement project: 7n' Ave SE Commencing at rtk i and Ending at % L . We are aware that as owners of property abutting this proposed Iccal improvement project, we are subject to special assessment charges according to the City of Rochester's Comprehensive Pavement Management Program. Name (please print) h,_k- +-rI..A, ScW JrZt A, S-trruhIL I1%m lce tya�v� Address t&/�Q s (b 7soE 1i06 1 AvI.Sir Signature L `; Page 4 of 4 January 29, 2001 PETITION FOR LOCAL IMPROVEMENT PROJECT CITY OF ROCHESTER We the undersigned owners of property in ROC/1 ESfePin Olmsted County, Township, Minnesota, do hereby petition the Rochester City Council to construct the following local improvement project 7°i Ave SE tk Commencing at 1 S 2`. .S. E, r and Ending at ti a S(- • S • E . We are aware that as owners of property abutting this proposed local improvement project, we are subject to special assessment charges according to the City of Eochester's Comprehensive Pavement Management Program. Name (please print) Address Signature 63A t�" a.- �aC./cn�5;�)G �avr Wr'stroh 7b17 7tA Ave-Sf r,ZII�tltce Q. �um mi i,F "� ISt'-A W42! IIS/<u'j (�"-� 71, R, „iXule_ tTulu."A k\ L C1 lC 1._l N ila1 IL%A ; y ! REQUEST FOR COUNCIL ACTION MEETING DATE: as / 10/15/01 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: Public Works Feasibility Report and Request for Hearing for: ITEM NO. EMT 1)^/V PREPARED BY: Curb, Gutter & Overlay on 6th Ave SE from 16 1/2 St SE to End of R. Kel�^ Cul-de Sac (J9607) lu % This is a Feasibility Report for the following local improvement project: Project Number 6306-2-00 (J9607) Proiect Name Curb, Gutter & Overlay on 6th Ave SE from 16 1/2 St SE to End of Cul-de Sac Proiect Background The existing street was constructed with bituminous curb in 1977. The roadway section has a Pavement Condition Index (PCI) rating of 68. A petition for said project was referred to Public Works at the January 19, 2000 City Council meeting. An informational meeting was held with the abutting property owners on October 9, 2001. Their support for a rehabilitation project resulted in this preparation of the Engineer's Feasibility Report and request for project and assessment hearing. Estimated Proiect Costs Feasibility Cost Construction: 2200 Bituminous Pavement Rehab w/ ci 0-59 $42 000.00 8307 Sidewalk Replacement $2,000.00 Storm Sewer RePairwUPgrades $4 900.00 Sub Total $48 900.00 lEnSineering, Interest Contin encies 12% $5868.00 TOTAL $54,768.00 Proiect Cost Distribution Distribution: Special Assessments - Fronta a 49.24 Special Assessments -Sidewalk 85.11 8307 Sidewalk Replacement 1454.89 2$29490.76 2200 Bituminous Pavement Rehab w! ci 0-59Storm Sewer Re airs/U rades 88.00 TOTAL $54,768.00 3 ;1 1- Recommendation We report the project is feasible as a concrete curb and gutter and overlay project and recommend its construction in 2002. COUNCIL ACTION REQUESTED: 1. Adopt a resolution receiving the Feasibility Report. 2. Adopt a resolution ordering a Project Hearing to be held for November 19, 2001. 3. Adopt the resolution ordering the preparation of the Assessment Roll. 4. Adopt the resolution ordering an Assessment Hearing for November 19, 2001. Attach: Feasibility Report, Map, Petition JNCIL ACTION: Motion REPORT ON THE FEASIBILITY OF A PROPOSED LOCAL IMPROVEMENT PROJECT FOR: CURB, GUTTER & OVERLAY ON 6TH AVE SE FROM 16 1/2 ST SE TO END OF CUL-DE SAC October 10, 2001 Honorable Mayor & Common Council City of Rochester, Minnesota A resolution proposing certain petition requesting the following project: Curb, Gutter & Overlay on 6th Ave SE from 1.6 1 /2 St SE to End of Cut -de Sac, was referred to the Public Works Department on January 19, 2000 for preparation of the Engineers Feasibility Report. Feasibility Report We report the project is feasible and recommend its construction in the year 2002 based on the current condition of the street and participation by the abutting property owners. The existing street was constructed with bituminous curb in 1977. We recommend that the project be constructed and funded in accordance with the City's Comprehensive Pavement Management Strategy (CPMS). The CPMS is an objective, cost-effective program for the preservation, rehabilitation and reconstruction of the City's infrastructure. The most cost-effective strategy at this time for this street, which has a Pavement Condition Index (PCI) rating of 68, is rehabilitation. Work typically will include the following 1. Removal of existing edges of the roadway and gravel base, boulevard sod 2. Construction of concrete curb and gutter, and driveway aprons 3. Resurfacing of the entire street with bituminous asphalt. 4. Sidewalk sections reviewed for replacement. 5. Boulevard areas re -sodded. This report and the estimated costs for the project are prepared without the benefit of field surveys, soils boring or completed plans and specifications: Feasibility Cost Construction: 2200 Bituminous Pavement Rehab w/ ci 0-59 $42 000.00 8307 Sidewalk RePlacement $2 000.00 Storm Sewer Repairs/Upgrades $4 900.00 Sub Total $48 900.00 Interest Contingencies 12% 1 $5 868.00 1Engineerinq, TOTAL 1 $54,768.00 a --I — 2 — OCTOBER 10, 2001 Assessment Distribution: The cost of street rehabilitation, as established by City Council Policy, for the year 2002 will be used for this project as follows: Residential Zones ............ $15.98 per assessable foot Commercial Zones........... $23.97per assessable foot Residential corner lot assessments are based on the length of the short side of the lot plus any length greater than 120 feet on the long side if the long side is reconstructed. Curb Gutter Overlay Rates Year 2002 feet Total Cost Residential Zones $15.98 1,098.20 $17,549.24 Commercial Zones $23.97 Subtotal 1 $17,549.24 Replacement sidewalk is assessed by the square foot of sidewalk replaced and is assessed directly to the abutting property owner at the following rates: 4" Sidewalk(residential)................................................. $5.33 per square foot 5" Sidewalk (commercial)...............................................$6.12 per square foot 6" Sidewalk (at residential drive approaches).................$6.92 per square foot 7" Sidewalk (at commercial drive approaches)...............$7.46 per square foot 6" Conc. Drive Approach (residential)............................$31.95 per square yard Residential corner lot sidewalk assessments are based on the replacement length of the short side of the lot plus half the quantity on long side if the long side is replaced. The long side credit reflects the half dollar amount for all long side quantities. Sidewalks 2002 sq. It sq, ft Total Cost 4" Sidewalk residential $5.33 147.30 $785.11 5' Sidewalk commercial $6.12 6" Sidewalk at residential drive approaches) $6.93 7" Sidewalk at commercial drive approaches) $7.46 Subtotal $785.11 credit for long side Subtotal $785.11 Proiect Distribution: Distribution: Special Assessments - Frontage $17,549.24 Special Assessments - Sidewalk $785.11 8307 Sidewalk Replacement $1 454.89 2200 Bituminous Pavement Rehab w/ ci 0-59 $29 490.76 Storm Sewer Repairs/Upgrades $5 488.00 TOTAL $54,768.00 Submitted for your consideration: (1lau-a (&Z -- I - A". Russell Kelm, PE IYouglas Nelson, PE Design Engineer Engineering Manager P:\PROJECTSV-PROJ\J9607\Design\Dots\feasibility Report.DOC -4- OCTOBER 10, 2001 a9j BUDGET AND ASSESSMENT SCHEDULE FOR CONSTRUCTION CONTRACT Proiect No: 6306-2-00 Date: October 10 2001 J No: 9607 Description: Curb, Gutter & Overtay on 6th Ave SE from 16-1/2 Street S.E. to End of Cul-de Sac Feasibility Cost Engineer Estimate Cost Contract Cost Final Cost Construction: 2200 Bituminous Pavement Rehab w/ ci 0-59 $42,000.00 8307 Sidewalk Replacement $2 000,00 Storm Sewer RepaimUpgrades $4,900.00 Sub Total $0.00 En ineedn Interest Contingencies 12% $59000 $.00 $0.00 TOTAL 1 $54,768.001 $0.001 $0.00 Distribution: Special Assessments - Frontage $17 549.24 $17 549.24 $17 549.24 Special Assessments - Sidewalk $785.11 $785.11 $785.11 8307 Sidewalk Replacement $1,454,89 -$785.11 -$785.11 2200 Bituminous Pavement Rehab w! ci 0-59 $29 490.76 -$17 549.24 -$17 549.24 Storm Sewer Reoa!mAJoqrades $5 488.00 $0.00 $0.00 TOTAL $54,768.00 $0.00 $0.00 Distribution Percentages: Special Assessments 33.48% #DIV/01 #DIV/01 Ci Street Share 66.52% #DIV/01 #DIV/01 TOTAL 100.0% #DIV/01 I #DIV/01 Make Initial Disbursement from P. I. R. Fund P:\PROJECTSV-PROJU9607\Design\Docs\feasibility ReporLDOC PETITION FOR LOCAL IMPROVEMENT PROJECT CITY OF ROCHESTER We the undersigned owners of property in :'Gw EE,e 11 1 14 1'6cil, k/ Subdivision, in the City of Rochester, Minnesota, do hereby petition the Rochester City Council to construct the following local improvement project: commencing at and ending at in 199_. We are aware that as owners of property abutting this proposed project, we are subject to certain charges pursuant to the City of Rochester's Comprehensive Pavement Management Strategy. Name (please print) Address c . /_7`ll.,- C 5 1 \ i— r (1ilW 3/ / 10/15/01 REQUEST FOR COUNCIL ACTION MEETING DATE: AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D / Z) i i maid DESCRIPTION: Feasibility Report and Request for Hearing for: PIPARED BY: Curb, Gutter & Overlay on 5th Place NW from 16th Ave NW to ^ ,�R. Kelm � � Civic Center Drive NW (J9540) �1�' This is a Feasibility Report for the following local improvement project: Project Number 6205-4-99A (J9540) Project Name Curb, Gutter & Overlay on 5th Place NW from 16th Ave NW to Civic Center Drive NW Project Background The existing street was reconstructed with sanitary sewer in 1961. Since then several rehabilitation projects have added new concrete curb and gutter to portions of the street. The roadway section has a Pavement Condition Index (PCI) rating of 30. During a small project in October 1998 a request was made to complete the entire street segment. A survey of the existing owners indicated fair support at that time. Based on the result of that meeting a second meeting was held on October 9, 2001 with only one of the six owners present. The results from the meetings indicate support by the abutting property owners. Estimated Project Costs Construction: 2200 Bituminous Pavement Rehab w/ ci 0-59 5$4,920.00 8307 Sidewalk Replacement Storm Sewer Re airsN rades Sub Total En ineerin Interest Contin encies 12% TOTAL 1 $45,920.00 Project Cost Distribution Distribution: Special Assessments - Fronts a $7 240.62 Special Assessments - Sidewalk $0.00 8307 Sidewalk Replacement $560.00 2200 Bituminous Pavement Rehab wl ci 0-59 31 175.38 Storm Sewer Re airslU rades $6 944.00 TOTAL $45,920.00 Recommendation We report the project is feasible as a concrete curb and gutter and overlay project and recommend its construction in 2002. COUNCIL ACTION REQUESTED: 1. Adopt a resolution receiving the Feasibility Report. 2. Adopt a resolution ordering a Project Hearing to be held for November 19, 2001. 3. Adopt the resolution ordering the preparation of the Assessment Roll. 4. Adopt the resolution ordering an Assessment Hearing for November 19, 2001. Attach: Feasibility Report, Map COUNCIL ACTION: Motion 3.a- REPORT ON THE FEASIBILITY OF A PROPOSED LOCAL IMPROVEMENT PROJECT FOR: CURB, GUTTER & OVERLAY ON 5TH PLACE NW FROM 16TH AVE NW TO CIVIC CENTER DRIVE NW October 9, 2001 Honorable Mayor & Common Council City of Rochester, Minnesota A request proposing the following project: Curb, Gutter & Overlay on 5'h Place NW from 16 h Ave NW to Civic Center Drive NW, was referred to the Public Works Department on October 21, 1998, for preparation of the Engineers Feasibility Report. Feasibility Report We report the project is feasible and recommend its construction in the year 2002 based on the current condition of the street and participation by the abutting property owners. The existing street was reconstructed with sanitary sewer in 1961. Since then several rehabilitation projects have added new concrete curb and gutter to portions of the street. During a small project in October 1998 a request was made to complete the entire street segment. A survey of the existing owners indicated fair support at that time. Based on the result of that meeting a second meeting was held on October 9, 2001 with only one of the six owners present. The results from the meetings indicate support by the abutting property owners. We recommend that the project be constructed and funded in accordance with the City's Comprehensive Pavement Management Strategy (CPMS). The CPMS is an objective, cost- effective program for the preservation, rehabilitation and reconstruction of the City's infrastructure. The most cost-effective strategy at this time for this street, which has a Pavement Condition Index (PCI) rating of 30, is rehabilitation. Work typically will include the following 1. Removal of existing edges of the roadway and gravel base, boulevard sod 2. Construction of concrete curb and gutter, and driveway aprons 3. Resurfacing of the entire street with bituminous asphalt. 4. Sidewalk sections reviewed for replacement. 5. Boulevard areas re -sodded. This report and the estimated costs for the project are prepared without the benefit of field surveys, soils boring or completed plans and specifications: Feasibility Cost Construction: 2200 Bituminous Pavement Rehab wl ci 0-59 $34 300.00 8307 Sidewalk Replacement $500.00 Storm Sewer RepairstUpgrades $6 200.00 Sub Total $41 000.00 En ineerin ,Interest Conlin encies 12°� $4 920.00 TOTAL $45,920.00 33/ —2— OCTOBER 9, 2001 Assessment Distribution: The cost of street rehabilitation, as established by City Council Policy, for the year 2002 will be used for this project as follows: Residential Zones ............ $15.98 per assessable foot Commercial Zones........... $23.97per assessable foot Residential corner lot assessments are based on the length of the short side of the lot plus any length greater than 120 feet on the long side if the lonng side is reconstructed.Total Rates 2002 ' feet Cost Subtotal Rd iseplacement sidewalk is assessed by the square foot of sidewalk replaced anassessed directly to the abutting property owner at the following rates: 4" Sidewalk (residential) ...................... . .......................... $5.33 per square foot 5" Sidewalk (commercial) ............................................... $6.12 per square foot 6" Sidewalk (at residential drive approaches)................$6.92 p er square foot 7" Sidewalk (at commercial drive approaches).......... . Per square foot .....$31.95 per square yard 6" Conc. Drive Approach (residential) ....................... P q Residential corner lot sidewalk assessments are based on the replacement length of the short side of the lot plus half the quantity on long side if the long side is replaced. The long side credit . .,_ _ U_u A, 11— ummint fnr all long side quantities. Proiect Distribution: Russell Kelm, Ph Design Engineer E Engineering Manager P\PROJECTSU-PROJ\J9540\Design\Docs\feasibility Repod.DOC jq / - 3 - OCTOBER 9, 2001 CURB, GUTTER & OVERLAY ON 5TH PLACE NW FROM 16TH AVE NW TO CIVIC CENTER DRIVE NW P:IPROJECTSU•PROJU95400esign0ocsVeasibiltty RepoR.DOC 3s- - 4 - OCTOBER 9, 2001 BUDGET AND ASSESSMENT SCHEDULE FOR CONSTRUCTION CONTRACT Proiect No: 6205-4-99A Date'l October 9 2001 J No: 9540 Description: Curb, Gutter & Overlay on 5th Place NW from 16 Ave NW to Civic Center Drive Feasibility Cost Engineer Estimate Cost Contract Cost Final Cost Construction: 2200 Bituminous Pavement Rehab w! ci 0-59 $34 300.00 8307 Sidewalk Replacement $500.00 Storm Sewer RepairsJUpgrades $6 200.00 Sub Total $41 OD0.00 $0.00 Engineering, Interest, Contin encies 12% $4,920.00 $0.00 $0.00 TOTAL $45,920.001 $0.001 $0.00 Distribution: Special Assessments - Frontage $7 240.62 $7 240.62 $7 240.62 Special Assessments - Sidewalk $0.00 $0.00 $0.00 8307 Sidewalk Replacement $560.00 $0.00 $0.00 2200 Bituminous Pavement Rehab w/ c! 0.59 $31 175.38 -$7 240.62 -$7 240.62 Storm Sewer Repairs/Upgrades $6 944.00 $0.00 $0.00 TOTAL $45,920.001 so.001 $0.00 Distribution Percentages: Special Assessments 15.77% #DIV/01 #DIVIO! CityStreet Share 84.23% #DIV101 #DIVfO! TOTAL 100.0%j #DIV/01 #DIVf01 Notes: Notes,_..._,.,._,..._____..___ Make Initial Disbursement from P. 1. R. Fund P:TROJECTS\J-PROJU95401Design\Docs\feasibility Report.DOC REQUEST FOR COUNCIL ACTION MEETING 3( / DATE: 10/15/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works ITEM DESCRIPTION: Professional Services Agreement: TH 52/65 Street Access Study p PARED BY: R. Freese The City of Rochester and the Minnesota Department of Transportation have had numerous discussions over the past 3 years regarding the need for a new interchange on TH 52 at 65th Street NW to serve the current development and the projected urban along and north of 65ih Street NW. The City's 25-Year Urban Service Area was expanded by Olmsted County to include the area along TH 52 from 65"' Street to 90"' Street NW. The City staff continues to receive regular requests from landowners and developers in this area regarding future access to their property and to TH 52 at 65"' Street NW. The yet to be completed Land Use Plan and Zoning changes in this area are in some ways dependant on the access the property will have to TH 52. This issue of access to TH 52 at 65"' Street NW needs to be resolved as soon as possible. The Public Works staff in consultation with the ROCOG Senior Transportation Planner is recommending that the City retain the professional transportation planning and engineering services of SRF Consulting to prepare a thorough engineering evaluation of the proposed interchange at 65"i Street NW. SRF has been retained by Olmsted County and MnDOT to prepare the Environmental Assessment, Layout Plan and Final Design for the TH 52 / 75'h Street NW interchange and associated access roads and grade separations at 85"' Street and 65"' Street NW. The proposed TH 52 / 65'h Street NW Access Study scope of work would evaluate traffic data prepared by Charlie Reiter and determine potential benefits / impacts on TH 52 of an interchange at 65"' Street NW including the operational benefits / effects on the existing TH 52 / 55"' Street NW interchange. The scope of work would include the following key tasks: I. Data Collection / Base Mapping: To address the Level of Services deficiencies identified in the Circle Drive Access Management Study, SRF will collect peak hour turning movement counts at the TH 52 east and west ramp interchanges at 551h Street NW. 2. Alternatives Identification and Development: SRF will prepare concept geometric layouts for three interchange alternatives at 65'h Street NW that include; No Build, Partial Access (access to and from south TH 52); and Full Access (access to and from south and north TH 52). 3. Alternative Evaluations: SRF will review ROCOG trip generation forecasts for the project area and assign peak hour volumes to each alternative roadway system including key intersections along 75"' Street, 65"' Street and 55"' Street NW. Analyze traffic operations and levels of service for each alternative at all critical intersections and for all TH 52 mainline, merge, diverge and weave conditions. Summarize alternative evaluation results and refine concept alternatives. 4. Final Report: Prepare final report documenting needs, alternative identification and evaluations including project impacts and benefits and recommendations. The project approach is to involve MnDOT staff in each and every task seeking concurrence from Mri prior to moving ahead to the next step. Open discussion and presentation of the technical impacts and benefits to MnDOT as the alternatives are developed and analyzed should help both MnDOT and the City work cooperatively in the decision making process. Public Works staff recommends that the City Council authorize the Mayor and City Clerk to execute an Engineering Professional Services Agreement with SRF Consulting to conduct a TH 52 / 65'h Street NW Access Study for an amount not to exceed $53,000. COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute an Engineering Professional Services Agreement with SRF Consulting to conduct a TH 52 / 65'h Street NW Access Study for an amount not to exceed $53,000. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING 3 ( / DATE: 10/15/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works L) - 7 ITEM DESCRIPTION: Settlement Agreement: 204 33` Street SW PRj PARED BY: A„)r R. Freese The City of Rochester and Tom Brogan mutually seek to resolve dispute as to damages that occurred to Brogan's property located at 204 33`d Street SW. The City had constructed in 1998 a sanitary sewer trunkmain on land to the South and adjacent to Brogan's property. Brogan asserts that City's Project resulted in the deposition of sand and topsoil on his property during several heavy rainstorms that occurred during and after the City's Project. Brogan also asserts that the construction of the Greystone Subdivision and its associated storm water management pond contributed storm water runoff sediment and flows that contributed to the deposition of sand and topsoil materials on the Brogan's property. City asserts that the heavy rainstorms severely eroded the banks of the adjacent stream and the adjacent farmland to the Southwest of the property that contributed to the deposition of sand and topsoil on the Brogan property. The City asserts that the adjacent stream became clogged with tree branches, brush trimmings, lawn waste and other discarded household items and materials from owners of property West of the Brogan's property. Furthermore, the City asserts that the Greystone Subdivision storm water management pond showed no evidence as to have contributed to the deposition of sand and topsoil materials on the Brogan property. To resolve the dispute the City and Brogan do hereby agree as follows: 1. City agrees to reimburse Brogan $7,100 for the removal of sand and topsoil from the Brogan property and the reseeding of those disturbed areas. City agrees to reimburse Brogan within 30 days of Brogan providing documented evidence to the City Engineer that the work has been satisfactorily completed by Brogan's contractor and accepted and paid for by Brogan. 2. Payment by the City to Brogan shall constitute complete and total settlement of Brogan's claim against the City that City's Project and/or the Greystone Subdivision storm water management facilities may have contributed to the deposition of sand and topsoil on the Property. 3. City's decision to settle this matter does not constitute an admission by the City that City's Project and/or the Greystone Subdivision storm water management facilities may have contributed to the deposition of sand and topsoil on the Property. 4. Brogan agrees to hold the City harmless from any future claims or legal action by Brogan against the City regarding this matter. 5. This Settlement Agreement constitutes the entire agreement between the parties. There are no other understandings, agreements, or representations, oral or written, beyond those specified in this agreement. The City Administrator and the Public Works staff recommend that the City Council authorize the Mayor and City Clerk execute the Settlement Agreement with Tom Brogan in an amount of $7,100. COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk execute the Settlement Agreement with Tom Brogan in an amount of $7,100. COUNCIL ACTION: motion by: second M Settlement Agreement Whereas, the City of Rochester, hereinafter "City" and Tom Brogan, hereinafter `Brogan" mutually seek to resolve dispute as to damages that occurred to Brogan's property located at 204 33`d Street SW, hereinafter "Property", and Whereas, the City had constructed in 1998 a sanitary sewer trunkmain, hereinafter "Project" on land to the South and adjacent to the Property, and Whereas, Brogan asserts that City's Project resulted in the deposition of sand and topsoil on the Property during several heavy rainstorms that occurred during and after the Project, and Whereas Brogan also asserts that the construction of the Greystone Subdivision and its associated storm water management pond contributed storm water runoff sediment and flows that contributed to the deposition of sand and topsoil materials on the Property, and Whereas, City asserts that the heavy rainstorms severely eroded the banks of the adjacent stream and the adjacent farmland to the Southwest of the property which contributed to the deposition of sand and topsoil on the Property, and Whereas, City asserts that the adjacent stream became clogged with tree branches, brush trimmings, lawn waste and other discarded household items and materials from owners of property West of the Property,. and Whereas, City asserts that the Greystone Subdivision storm water management pond showed no evidence as to have contributed to the deposition of sand and topsoil materials on the Property, Now Therefore Be It Resolved that the City and Brogan do hereby agree as follows: 1. City agrees to reimburse Brogan up to $7,100 for the removal of sand and topsoil from the Property and the reseeding of those disturbed areas. City agrees to reimburse Brogan within 30 days of Brogan providing documented evidence to the City Engineer that the work has been satisfactorily completed by Brogan's contractor and accepted and paid for by Brogan. 2. Payment by the City to Brogan shall constitute complete and total settlement of Brogan's claim against the City that City's Project and/or the Greystone Subdivision storm water management facilities may have contributed to the deposition of sand and topsoil on the Property. 3. City's decision to settle this matter does not constitute an admission by the City that City's Project and/or the Greystone Subdivision storm water management facilities may have contributed to the deposition of sand and topsoil on the Property. 4. Brogan agrees to hold the City harmless from any future claims or legal action by Brogan against the City regarding this matter. This Agreement constitutes the entire agreement between the parties. There are no other understandings, agreements, or representations, oral or written, beyond those specified in this agreement. 6. This Agreement will be governed by and construed in accordance with the laws of the state of Minnesota. 1 J Dated this _ day of October 2001. IN WITNESS WHEREOF, the parties set their hands and seals as of the date and year first above written. CITY OF ROCHESTER, a Minnesota Municipal Corporation By Its Mayor Attest: Its City Clerk STATE OF MINNESOTA) ) ss COUNTY OF OLMSTED ) Property Owner: Tom Brogan am The foregoing instrument was acknowledged before me this day of October, 2001, 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 STATE OF MINNESOTA) ) ss COUNTY OF OLMSTED ) The foregoing instrument was acknowledged before me this _ day of October, 2001, by Tom Brogan, Property owner. Notary Public REQUEST FOR COUNCIL ACTION MEETING �0 DATE: 10/15/01 AGENDA SECTION: ORIGINATING DEPT! ITEM NO - CONSENT AGENDA Public Works -D —� ITEM DESCRIPTION: Development Agreement — Boulder Ridge PREPARED BY: F M. Nigbur VV",-/ The developers of Boulder Ridge, to be located East of Bandel Road NW, 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 within and abutting the development. • Dedication of right of way/easements. • Traffic Improvements including access control, turn lanes, and signage. • Owners payment of the assessments, development/connection related charges including SAC, WAG, connection charges, future pedestrian facility charges, TID/Substandard Street charges, and Storm Water Management. Staff recommends the Council approve the Development Agreement. The Owner has executed the agreement. SAGEWC Overland Drive r , ' I • i' _�-` -• 'ice ""''''� s #Pro 4.9 j ect z ! t r Bandel Road a� II CC �C a jj ZNl kYc l COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the Development Agreement for the Boulder Ridge Development with Arcon Development, inc. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING J / DATE: 10/15/01 AGENDA RECTION' ORIGINATING DEPT: ITEM NO - CONSENT AGENDA Public Works i i tM DESCRIPTION: Annexation of KR-6 property. PREPARED BY: f M. Nigburvl^— The City owns property, which was acquired for Flood Control purposes, surrounding the KR-6 reservoir. Staff desires this property to be annexed to allow the extension of public utilities to serve future development. We have received indications from surrounding property owners of their desire to develop their property. To be able to control our timing on the infrastructure improvements when installation is necessary and not have unreasonable delays staff would request the City Council initiate the annexation of the property. 50th Avenue i :.` m ix ;yg'x ; s KR 6 rope y f'' C Circle DriveKRA ^ T �, n I 4 i TH 14 + I COUNCIL ACTION REQUESTED: Adopt a resolution initiating the annexation of the KR-6 Reservoir property. GVUNCILACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 10-15-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works -h— -,)- C, ITEM DESCRIPTION: Permit Parking Petition from 8" Avenue SW / 600 block PREPARED BY: D. Rossmar The City has received a petition from the residents of 8 b Avenue SW / 600 block requesting 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 Edison Neighborhood where Permit Parking has already been established on six blocks. The petition has been reviewed as to meeting the requirements of R.C.O. 4138 and staff finds that all conditions are met. The petition is to add a street to an existing zone. The street requested is impacted heavily by all day parking Monday thru Friday from a source outside the neighborhood. There is a "No Parking" restriction on the east side of this street due to the pavement width. This is to remain. The petition has signed by the following percentage of abutting property owners or residents: Block street/row width # of signers # of owners % signing Notes 8d' Avenue SW / 600 block 24/75 8 10 80 % Staff would recommend in favor of the petition and would request a Public Hearing to be scheduled for November 5d' 2001. 730 �1726 720 it 716E i 6101i 616 622 725 7211, 715 COUNCIL ACTION REQUESTED: 1 714 702 I 609 I 615 619 I y 711 703 I 7011 Adopt the prepared resolution calling for a public hearing on November 5, 2001 to consider establishing Residential Permit Parking Zone #6 (Edison Neighborhood) on 81h Avenue SW / 600 block. COUNCIL ACTION: Motion by: second bv: to: REQUEST FOR COUNCIL ACTION MEETING DATE: q1 10/15/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA PUBLIC WORKS N DESCRIPTION: AWARD OF CONTRACT: (J4950) PREPARED BY: 2nd Street SW Bike Trail from 23rd Avenue SW to West Circle Drive j [ R. Kelm "' Bids were received and opened after 11:00 a.m., October 10, 2001 for the following local improvement project: Project Number 6202-3-98A (J4950) Proiect Name 2nd Street SW Bike Trail from 23rd Avenue SW to West Circle Drive The following bids were received: Total Bid 1. Road Constructors $ 156,435.50 2. Rochester Sand & Gravel $ 188,994.00 Engineers Estimate $ 150,855.00 Protect Background This project was included in the 1999 - 2004 Capital Improvement Program, pg 36, item #10. Budget for the project was approved at $95,000 in the CIP. This project was to be funded with a Department of Natural Resources "Cooperative Trail Grant" in the amount of $43,850, and city reserve funds of $51,400. The project's first bid opening on March 22, 2000 was rejected at the May 1, 2000 city council meeting. The recommendation at that time was to request a one year extension to the "Cooperative Trail Grant" and rebid the project in 2001. Protect Recommendation: The Public Works Department recommends the City Council proceed with an award to the low bidder. Project Location tJ ?s `' t r' r i t 4 � . COUNCIL ACTION REQUESTED: Adopted a resolution awarding the contract, " 2nd Street SW Bike Trail from 23rd Avenue SW to West Circle Drive " (J4950) to Road Constructors. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING 14— DATE: 10/15/01 AGENDA SECTION: ORIGINATING DEPT- ITEM NO. CONSENT AGENDA Public Works ITEM DESCRIPTION: Owner Contract — Hart Farm Subdivision (J9784) PTARED BY:lk� , M. Baker Staff would offer the following Owner Contract project for consideration by the Council: MOG, LLC & GP Development (Owners) & Elcor Construction (Contractor) are requesting a City / Owner Contract J9784 consisting of "Basic Construction in Hart Farm Subdivision". J�.Al v' . 1 V m .0 N a > .a O �U C C 33 CLL O zU COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9784 "Basic Construction in Hart Farm Subdivision" COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING 450 DATE: 10/15/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works b _ ,23 ITEM DESCRIPTION: Owner Contract — Fox Ridge Townhomes First CIC#159 First PREPARED BY: Supplemental (J9817) M. Baker Staff would offer the following Owner Contract project for consideration by the Council: Carriage Homes XVII, Inc. (Owner) & Heselton Construction (Contractor) are requesting a City / Owner Contract J9817 consisting of "Watermain & Hydrants to Serve Fox Ridge Townhomes First CIC#159 First Supplemental (aka Fox Ridge Townhomes 2)". mmmmmme B r 5 COUNCIL ACTION REQUESTED: ti Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9817 "Watermain & Hydrants to Serve Fox Ridge Townhomes First CIC#159 First Supplemental (aka Fox Ridge Townhomes 2)". COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 10/15/01 AGENDA SECTION: ORIGINATING ❑EPT! ITEM NO. CONSENT AGENDA Public Works 1) --,.,2 q III DESCRIPTION: STORMWATER MANAGEMENT AGREEMENTS PREPARED BY: M. Baker The Department of Public Works has received a request on three (3) properties, to voluntarily participate in the City's Regional Storm Water Management Plan (SWMP). This department has reviewed the information for these properties and has determined that there is support for participation. The Owners of the following properties have requested voluntary participation in the City's Plan, with the applicable participation fees as follows: • ISD#535 (John Marshall Storage Building) (SDP#01-71) $ 644.94 • Culver's Restaurant (ShopKo South Site) (SDP#01-64) $4, 331.41 • Hawkins Investments (Lots 8 & 9, and Outlot B, Valleyhigh 2nd Addition) (SDP#01-52) $1,487.18 The Owners of these properties have 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 properties, in the City's Regional Storm Water Management Plan. JNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING mi y5- 10/15/01 AGENDA SECTION: ORIGINATING DEPT: ITEM Nn. CONSENT AGENDA Public Works 7� c� _M DESCRIPTION: Engineering Services for the Willow Creek Bike Trail Project on P PARED BY: (J-4945) D. Nelson The Department of Public Works received a proposal from Yaggy Colby & Associates for engineering services for design of the Willow Creek Bike Trail Project (J-4945). The phase I work will include Preliminary Trail Alignment Concepts. This work will be charged on an hourly basis with an amount not to exceed $15,000. The Willow Creek Bike Trail will run from the Willow Creek Reservoir to Willow Creek Middle School. Several sections of the trail will be built under associated street projects scheduled for the area. The trail will be funded with City funds, flood control funds, and possibly Department of Natural Resources Grant. This project is included in the 2001 — 2006 CIP, pg. 42, item #22. COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the Engineering Services Agreement with Yaggy Colby & Associates engineering design services for the Willow Creek Bike Trail Project (J-4945) in an amount not to exceed $15,000. _ _ JNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING I DATE: �10/15/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works ! _ M DESCRIPTION: Owner Contract — Boulder Ridge Subdivision (J9845) PREPARED BY: M. Baker Staff would offer the following Owner Contract project for consideration by the Council: Arcon Development (Owner) & Arcon Construction (Contractor) are requesting a City / Owner Contract J9845 consisting of "Basic Construction in Boulder Ridge Subdivision". e .,.tea.., � e • COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9845 "Basic Construction in Boulder Ridge Subdivision" C NCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING ' DATE: 10/15/01 AGENDA SECTION: ORIGINATING DEPT: ITEM Nn. CONSENT AGENDA Public Works _M DESCRIPTION: Real Estate — City Land Sale — Lot 3, Elton Hills Business Park PREPARED BY: M. Nigbur The City staff has been in negotiations for one of the parcels of land the City owns in the Elton Hills Business Park. The Staff and Buyer have reached a preliminary agreement for the sale of the property. The conditions of the sale include: • Purchase price of $187,600 • No Billboards on the property. • No Adult Entertainment establishments • Zoning is M-1 • Access available to Northbrook Lane NW and Elton Hills Lane NW • Taxes prorated to Date of Closing. Elton Hills Drive. t r .1 - i- M 7"t 11j 12 ST NE ii C g 1 4, 16 1M ST NE COUNCIL ACTION REQUESTED: Adoption of a resolution authorizing the sale of Lot 3Elton Hills Business Park to Mark Ostien. --JNCIL ACTION: motion by: Second by: to: AGENDA SECTION: CONSENT AGENDA REQUEST FOR COUNCIL ACTION MEETING DATE: ORIGINATING DEPT: Public Works ITEM DESCRIPTION: WC Parking for Resident at 501-C 5`h Street SE ITEM NO. - Z:)`Q y8 ' 10-15-01 PREPARED BY: H D. Rossmar{U' The City has received a request from Mrs. Sarah Knutson (529-3867) of 501-C 5t" Street SE to designate a handicapped parking stall at her place of residence. This is needed to accommodate parking for her family. Her dwelling does not have off street parking, and the on - street spaces are often filled during the day. This area is presently unrestricted. There is a parking lane along with an 11-foot traffic lane. The parking lane has been widened to meet ADA requirements. Traffic volumes are 800 vehicles per day. This has also been reviewed by the City Police Department staff, who agree with the recommendation. Staff would recommend in favor of the request. COUNCIL ACTION REQUESTED: Adopt the prepared resolution making the following changes to the Comprehensive Traffic and Parking Resolution book: 1) Add paragraph (7) of section C "Special Parking Zones" (Zone A - General ) to read; (7) 5th Street SE, on the south side, (1 stall for handicapped parking) in front of the premise known as 501 c 5t" Street SE. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING 9 DATE: l 0-15-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PT BLIC HEARINGS PLANNING G M DESCRIPTION: Final Plat #01.10 by Arcon Development to be known as Boulder PREPARED BY: Ridge. The plat proposes to subdivide approximately 27.41 acres into 11 lots for single Brent Svenby, family development, 17 lots for a townhouse development and 2 outlots. The Plat also Planner includes the dedication of right-of-way for three public roadways. The property is located along the east side of Bandel Road NW, south of Bandel North First Subdivision and allows for the continuation of 28'h Avenue NW. October 11, 2001 Planninq Department Review: Staff accepted the Final Plat application without approved construction plans and grading and grading plans. The LDM requires that approved plans be submitted at time of final plat application. Staff accepted the application because the applicant's consultant stated that approved plans would be provided prior to a staff report being written on the plat. At this time no approved plans have been provided. In fact, required revisions on the grading and drainage plan haven't been submitted to the City Public Works Department for their review and approval. Council Action Needed: 1. Continue the item until the next Council meeting. Cc Distribution: 1. City Administrator 2. City Clerk 3. City Attorney 4. Planning Department File 5. Planning Department, GIS Division 6. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, October 15, 2001 in the Council Chambers at the Rochester! Olmsted County Government Center. 7. McGhie & Betts, Inc. INCIL ACTION: Moton by: Second by: to: M ,2£lLLO S SV,rt.ZO AI 3 s i ,! Znq BPZI+` ,st,p+.zo 5 U-611 5012 y r ; .� N y =•7 a .'+ �_ ff �9I yypp N B � E p Rglip REQUEST FOR COUNCIL ACTION AGENDA 5ECTION: PUBLIC HEARINGS ORIGINATING DEPT: PLAINNI EVG MEETING S2 DATE: 10-1 5-01 ITEMNt z_— 'EM DESCRIPTION: Presentation and Adoption of the Third Five Year Plan for the Medical PREPARED BY: Institutional Campus Special (Zoning) District for the Mayo Medical Center by the Mayo Jeff Ellerbusch, Foundation. Senior Planner October 9. 2001 City Planning and Zoning Commission Recommendation: On September 26, 2001 the City Planning and Zoning Commission hosted at a public hearing the required presentation by representatives of the Mayo Foundation on the next five-year plan update. The presentation of the plan and the potential construction project list was made by Mr. John Waugh, architect, from the firm of Ellerbe Beckett and Mr. Jack Jibben, Vice Chair of Project Services, for the Mayo Foundation. Each project on the list of 46 potential projects was described to the Commission. 25 of the projects on this five-year plan are new to the potential building program and 21 are carryovers from the previous planning document. The presentation referenced how each of the potential projects on the five-year plan was consistent with the existing master planning documents. The commission received no testimony from the public at the hearing. The Commission moved to recommend adoption of the third five-year plan based upon the finding of its consistency with the existing Special District Planning Documents, Mr. Burke made a motion, seconded by Mr. Quinn to recommend approval of the five-year plan update as presented. The motion carried 6-0. inning Staff Recommendation: The planning department staff finds that the potential projects in this third five-year plan are all consistent with the master plan documents. See staff report and attachments dated September 18, 2001. Council Action Needed: 1. As required by Ordinance #2726 — Chapter 64D Medical Institutional Campus Special District — the City Clerk will need to publish a notice of the Council hearing on this matter no later than October 5, 2001 in the Post Bulletin. 2. After presentation of the Five Year Plan to the Council at a public hearing, as required by Ordinance #2726, the Council shall approve the Five Year Plan unless it makes a finding that the proposed update is inconsistent with the master planning documents. The purpose of the Five Year Plan update, according to the special zoning district, is "to inform the City of projects which may have an impact on capital improvement programming and infrastructure needs". 3. If the Council wishes to proceed to approve this third Five Year Plan update, it should instruct the City Attorney to prepare a resolution for adoption finding the updated plan Is consistent with the Mayo Medical Center Master Plan as adopted in accordance with Ordinance #2726 — Medical Institutional Campus Special District. The resolution should adopt by reference the 42-page document titled Medical Institutional Campus Special District, Five Year Plan Update, June 21, 2001. 'UNCIL ACTION: Motion by: — Seconded Page 2 RCA Mayo Medical Center Five Year Plan Update October 9, 2001 53 Attachments: 1. Seven originally printed copies of the third Five Year Plan Update document, one for each council member. 2. Copy of the September 26, 2001 CP&ZC meeting minutes. 3. Copy of the Planning Department Report to the CP&ZC dated 9/18/01 including the project list from the 1996 —2001 five year plan (6 pages); a copy of the special district ordinance (15 pages); the original master plan document from March of 1991 (31 pages) and a photocopy of the third five year plan document (42 pages). Distribution: 1. City Clerk 2. City Administrator 3. City Attorney (A copy of the 1996 resolution is attached) 4. Planning Department File 5. Mayo Foundation Representatives — Jack Jibben, Steve Colbum; Ellerbe Beckett — John Waugh r Page 3 City Planning and Zoning Commission Minutes Hearing Date: September 26, 2001 A person from`iaie audience asked if there was any way to review the plans prior to the next m, Mr. Slaver explaine %alence t the applicant did hold a neighborhood meeting. The person from thindicated that they were unable to attend thaZeeti Mr. Svenby explained tha here were meeting packets located behind e Secretary. He also indicated that they could vik the following website for the agendas d staff reports: www.ci. rochester. mn.usloiannina Discussion ensued regarding w ther or not to open the pu hearing. The Commission agreed that the plans could chan and to wait to open th ublic hearing. Ms. Rivas moved to table Zoning trict Amend nt #01-11 and General Development Plan #166 by Rodney Younge to be own as adow Lakes until further notice. Mr. Burke seconded the motion. The mot n car ed 6-0. Mr. Brede stated that, for the record, hew d like to encourage the applicant to hold another neighborhood meeting. Mr. Staver stated that letter in the packet from Mr. Wise ked to continue the item to the October/ened ing. Mr. Sveopening the public hearing, then continuin he item. Mr. Stavpublic hearing and asked if anyone wished to eak with regard to the request. forward. Ms. ryas moved to continue Text Amendment #01.08, initiated by the Rochester P ning and Zoning Commission, to the Commission's October 10, 2001 meeting. Mr. rede seconded the motion. The motion carried. 6-0. `; Medical Institutional Campus Special District, 5-year plan update. Mr. Jeff Ellerbusch presented the staff report, dated September 18, 2001, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Mr. Ellerbusch explained that the Ordinance states that a public hearing must be held for Mayo to make an explanatory presentation of their five-year plan. Mr. Ellerbusch stated that the Commission must approve the Plan, unless found to be inconsistent with the Master Plan. The Plan, as submitted, is consistent with the Master Plan. Mr. Staver stated that John Hodgson, Ardell Brede, and himself work for Mayo but were not working on the project in any way. MI Page 4 City Planning and Zoning Commission Minutes Hearing Date: September 26, 2001 Mr. John Waugh, of Ellerbe Becket, addressed the Commission. Mr. Jack J ibben, Vice Chair of Project Services, addressed the Commission. He stated that he was present for questions, but would have Mr. Waugh give the presentation. Mr. Waugh stated that Cascade Creek was accidentally called Zumbro River in the booklet that was handed out. Mr. Waugh showed drawings of the original overlay zone, showing buffer zones. He explained that the zoned would not change. He stated that they had talked about extending some of the zones to overlay the Central Business District that is in Ordinance. However, it would be a separate series of hearings if they decided to do it. Mr. Waugh showed, and explained in detail, the following: (all statistics given were as of January 1, 2001) :• A drawing representing the property Mayo owns A drawing showing the employee distribution (He stated that there are employees outside of the boundaries as well as in rental property.) A drawing showing where employees are on peripheral facilities (250 employees at the beginning of year, currently approximately 600 employees) A drawing showing the provisional parking (He stated that they provide space for more than half of the employees downtown.) A drawing showing the patient parking (He stated that a parking ramp is being constructed north of the Kahler that will hold both patients and employees.) r A drawing showing the materials distribution, tunnels, and warehouses A drawing showing the number of dock positions A drawing showing the utility infrastructure (He explained what maintenance issues would be resolved.) Mr. Waugh stated that they had talked about having an underground subway connection. However, it does not make economic sense at this time. He discussed elevators that move both vertically and horizontally. Ms. Rivas stated that she could see the two campuses coming together in the long range. Mr. Waugh stated that the 1985 Master Plan proposed several scenarios moving everything downtown. He stated that, as the campuses grow together, there could be more quasi - institutional functions along 2nd Street (ex. Ronald McDonald House). Ms. Rivas asked what the capacity is of the Franklin heating station. Mr. Gibben explained that the heating station should have a significant amount of future capacity. Ms. Rivas asked if the station would be enlarged. Mr. Jack responded no. However, some replacements may occur. Mr. Brede asked if they had considered a monorail system. S$� Page 5 City Planning and Zoning Commission Minutes Hearing Date: September 26, 2001 Mr. Waugh stated that there had been some discussions and studies. Mr. Waugh showed a drawing of the framework of green space. Discussion ensued regarding parking ramps and landscaping. Mr. Brede asked if there would be any one-way streets. Mr. Waugh responded no. He explained that Third and Fourth Avenue is the main feed into the campus. Mr. Waugh explained that some renovations would occur in Methodist. Mr. Waugh pointed out potential projects on a map. Mr. Staver asked if there had been discussions with the City regarding the street in front of the Ganda building and the Kahler. He expressed concern with the entrances directly across from each other. Mr. Waugh responded that there had been numerous discussions regarding the west side but not east side. Mr. Quinn stated that lights were taken off of that corner and replaced with stop signs. He stated that he was not sure if the lights would go back up after construction. Discussion ensued regarding a pedestrian crossing. With no one else wishing to be heard, Mr. Staver closed the public hearing. Mr. Staver stated that the Commission needed to make a recommendation to the City Council whether the five-year plan is consistent with the Master Plan. He stated that staff indicated in the staff report that they feel it is consistent with the Master Plan. Mr. Burke moved to recommend that the Medical Institutional Campus Special District, 5- year plan update, is consistent with the Master Plan, as presented. Mr. Quinn seconded the motion. Ms. Rivas asked if the zoning would be changed. Mr. Ellerbusch explained that they would not be changing any boundaries. The motion carried 6-0. OTHER BUSINESS: Mr. Brent Svenby presented the Septembe/7, X001 memorandum from Terry Spaeth, Administrative Assistant of City Administr or's ce. ROUIESTER-OLAISTED PLANNING DEMiFNIENT 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 i -- CoU„.. OF wwWolmstedcounry.com/planning R� 1'FD•A UGL�S •.•` TO: Rochester Planning And Zoning Commission FROM: Jeff Ellerbusch, Senior Planneq�x DATE: September 18, 2001 RE: Mayo Medical Center Five Year Plan Update In March of 1991, the City of Rochester adopted a special overlay zoning district and regulations called the "Medical Institutional Campus Special District (Ordinance N2726). The special district, as adopted, has specific zoning boundaries that include the area in and around the downtown medical campus and also the St. Mary's Hospital property to the west. The special regulations of the district are applicable to only those properties in the ownership of the Mayo Foundation within the district boundaries. The underlying zoning regulations remain in place for properties not owned by Mayo and for the use of Mayo property not superseded by the special district regulations. The "Medical Institutional Campus Special District" incorporated the adoption of a master plan for the Central (downtown) campus and the St. Mary's area. To aid the City in its infrastructure and growth planning efforts, the special district ordinance also requires the submission and adoption of short-term, or five-year development plan documents prepared by Mayo. The five-year plans recount the changes in the previous five years and report Mayo's building plans for the next five years. The heart of the five-year plan document is a list of all potential development projects that the Mayo Foundation may undertake in the upcoming five years. If a project is to be permitted under the special zoning regulations, it must appear in the five-year plan. The first five-year plan was adopted on August 6, 1991 and the second five-year plan was adopted on August 5, 1996. Alt projects instituted by Mayo in the past five years were originally identified on the 1996 plan, therefore no update or modification to the five-year plan was necessary. The time limit on the plan has now expired, and the Mayo Foundation has prepared a new five-year plan that will run through 2006. The special district regulations state that the adoption process for a new or amended five-year plan must include public hearings before the City Planning and Zoning Commission and the City Council. Section 64D.300 of the special district ordinance requires the Mayo Foundation to make presentations an the plan updates to both the CP&ZC and the Council. The CPEtZC is responsible for making a recommendation to the Council. The five-year plan must be approved unless it is found to be inconsistent with the master plan. The projects in the new five-year plan are all consistent with the master plan document. Not all projects in the five-year plan will be constructed and there is carryover of projects between the present and new plans. Enclosed is a bound original copy of new five-year plan document. Attached is the project list from the 1996-2001 plan indicating projects that are carryovers on the new list. Also, for information purposes, a copy of the ordinance establishing the special district and the master plan document is attached. BUILDING CODE 5071285-8213 - GIS/ADDRESSING/MAPPING 5071285-8232 - HOUSING/HRA 507/285-8224 PLANNING/ZONING 5071285-8232 - WELL/SEPTIC 5071285-6345 FAX 507/287-2275 (((777 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER r Mayo Medical Center Five -Year Plan Update 9.0 Potential Projects The following pages contain a listing of potential Mayo projects which could occur within the Central and West Sub -Districts during the next five years. The list of potential projects is divided by probable function, either Medical, Parking or Support, and are assigned a number designation on the attached graphic illustration, which corresponds to an approximate location within either the Central Sub -District (Downtown Campus) or West Sub -District (Saint Marys Campus). With the changes that are occurring within the health care sector, there is no certainty that all of these potential projects will occur. 199 ,2oo'S� f 6 �5 rz 9.1 Mayo Medical Center Five -Year Plan Update 9.0 Potential Projects In The Central Sub -District (Downtown Campus) Medical * PC-1 Possible site of an Outpatient Surgery facility east of the Eisenberg Building. At PC-2 Continued renovations in the Methodist Hospital Charltoo, Eisenberg and Colonial Buildings for both Inpatient and Outpatient clinical functions, including potential of extending Nursing Unit bridging at Eisenberg to Floors 9, 10 and 11. PC-3 North horizontal expansion of the Charlton and Eisenberg Buildings for In-- and Out -Patient Functions. PC-4 Charlton vertical addition of three floors for Outpatient and Clinical Research activities which are closely related to adjacent functions in Eisenberg. PC-5 Planning will continue for Phase I of a Practice Integration Facility for Clinical Diagnostic Treatment procedures on the Damon site. The schedule for this building is uncertain and a.oJ begin within the next five years. It is intended that this facility will be functionally linked to the Charlton Building on at least two levels and to the Mayo Building on sgveral above -ground levels in addition to the Subway Level connection. The street level entrance at 1st Street Southwest, between 2nd and 3rd Avenues Southwest, will require study. Partial or full closure of Ist Street to traffic will be a future consideration. PC-6 The Ozmun East Building may be expanded three floors vertically for Administrative Support. c PC-7 The Baldwin Building has been designed for horizontal expansion to the west for Primary Care. PC-8 The Harwick Building may have a vertical six floor addition for Administrative Support. PC-9 Consistent with the Master Plan, major expansion of Research and Laboratory functions could occur on the block south of Hilton/Guggenheim. PC-10 Charter House may expand to accommodate a growing demand for Assisted Living with an adjacent facility. PC -II Infill of Northwest Mayo Courtyard for support is being studied. 9.2 9.0 Potential Projects In The Central Sub -District (Downtown Campus) - continued - Parking PC-12 Additional Primary Care patient parking may need to be provided near and with direct access to the Baldwin Building. A Potential ramp site is on the block south of Baldwin Building. PC-13 If employee parking is displaced by new construction, it will probably occur in a three -level expansion of the Ozmun Parking Ramp or on one of these potential sites: North of the Clinic View Motel or south of the Medical Science Building across 4th Street, or north of Ozmun West. Support y PC-14 Communications and material transport systems between the Central and West Sub -Districts are likely to be upgraded during the next five years. These lines now run under 2nd Street Southwest. Location and phasing considerations for these systems will require careful analysis. PC-15 Construction of a new campus Chiller Plant may be necessary to meet current needs and/or provide services for development of Clinical Facilities on the Damon site. This will most likely occur on the site north of Charter House. With this construction, a new buried utility connection under 4th Avenue Northwest, from the new plant to the existing utility loop, will be installed. PC-16 New subway construction may occur to provide a utility connection to the 201 Building, and subway connections to staff and RMH ramps. PC-17 Wayfinding improvement at Civic Center Drive/3rd and 4th Avenues to include gateway signage. 0 9.3 Y Mayo Medical Center Five -Year Plan Update 9.0 Potential Projects In The West Sub -District (Saint Marys Campus) Medical The Francis Building will continue to undergo extensive interior renovations to upgrade patient bed t PW-1 areas in close proximity to Mary Brigh. Bed areas in the Domitilla Building will undergo a phased renovation as Francis areas are completed, potentially as a Sub -Acute Care Facility and to provide patient amenities, educational facilities and support spaces. PW-2 Alfred/Joseph West renovations may occur for interim bed use, Out -Patient Surgery and Imaging (6th). PW-3 Diagnostic and Treatment Areas in Mary Brigh, if needed could expand east into the Marian Courtyard. PW-4 The Generose Building has the potential of horizontal or a two-story vertical addition. PW-5 The shuttle entrance will be renovated and possibly relocated to relieve congestion. PW-6 Consideration to partial or full enclosure of the Edith Graham Courtyard for patient and family functions may be considered. Landscape treatment of Sister Francis Courtyard may also be upgraded. PW-7 Outpatient Surgery may be relocated and consolidated in a Center. Parking PW-8 Potential of constructing a Patient/Employee North Parking Ramp on 2nd Street at 11th Avenue to respond to parking need on the Saint Marys campus. PW-9 If necessitated by demand for patient parking, the new Underground Visitor Ramp could expand vertically south of the new entry canopy. Support PW-10 The dock for Laundry and Facility Support may be relocated to the Service Building for better access for vehicles. 9.4 9.0 Potential Projects In The West Sub -District (Saint Marys Campus) - continued - PW-11 The central circulation spine which is now well established from the West Entry across the north of Mary Brigh, can be extended to the east, potentially as far as the Chapel, allowing shuttle and staff access with PW-16 and PW-8 projects. pC PW-12 Pedestrian skyway to Generose from Mary Brigh may occur as part of the original plan. PW-13 Skyway/subway connections are being considered across 2nd Street and/or 14th Avenue to provide safe, all-weather pedestrian connection. PW-14 Materials transport systems, pneumatic tube system/ETV between the Central and West Sub - Districts need renewal. This may be accomplished with or without a pedestrian and utility subway connection from Saint Marys campus to downtown campus. PW-15 Wayfinding improvements at the northwest corner of the campus will include gateway signage. 9.5 A i ffil" 4 1A I a A RCV� . .....ram . cull -VOCII — —.. .. I � do Val I-- i V iLr - O.10r6l, 1-i 0g, M) a U ..., . c . Sj'g dD. q) —ri E5 wia Q ro J-0 L.8 e.Pb LT a 080? C2 Cb 0 - �GC Ov. OCO: Lb VG 0 a U, J, �sx ..... If I of U 8 �°r�Q *S it ° eL r-L co, 3t ecr 10 ail r.3 F-L nm- TO! l0a Iffp caou 0 .1004 �,10000 no; cl P n 0 aa, au a caoc.p,cl 10. 0. a :A'6-A cup �6 100 � . 6. 0 OP W.001172%00 Lj AGENDA SECTION: I" —.IC HEARINGS REQUEST FOR COUNCIL ACTION ORIGINATING DEPT: CITY ADMINISTRATOR I t tm DESCRIPTION: Hearing to determine whether Road Constructors, Inc. maybe considered responsible bidders for future City of Rochester local improvement projects. MEETING lQ / DATE: 10/15/01 ITEM NO. PREPARED B` T. SPAETH On September 6, 2000 the Council held a public hearing to obtain comments or recommendations as to whether Road Constructors was a reliable bidder for the purpose of the Wellner Drive street construction project. Testimony was taken at the hearing and the Council closed the hearing. Based upon the testimony, the Council placed Road Constructors, Inc. on probation for a one (1) year period for the purpose of monitoring the company's performance as it related to local improvement projects. The Council previously received information from Public works regarding company performance on those projects. COUNCIL ACTION REQUESTED: The Council is requested to make a determination if Road Constructors, Inc. is to be considered a responsible bidder for City of Rochester local improvement projects. U, ,III /Lct,c*""Y t r- �s T I t" I Af 4-�f CUUNCIL ACTION: MoFlonby:— - _ Second by: to: \L Memorandum To: Stevan Kvenvold Richard Freese From: Doug Nelson Date: September 28, 2001 Re: Road Constructors, Inc. Probationary Period (4 Doug Nelson, P.E. Manager of Engineering 281-6151 (direct) 281-6216 (fax) dnelson@ci.rochester.mn.us Background: At the September 6, 2000 City Council meeting the City Council placed Road Constructors, Inc. (RCI) on probation for one year. From September 2000 to September 2001, Public Works has interfaced with RCI on several projects. These projects fall in one of three areas: a. City — Owner Contracts. Attachment 1, Dave Dwyer, City —Owner Contract Inspector, summaries the C-O contracts we have with RCI. Five new contracts were added / executed during this one year time period and are specifically evaluated. We have a total of 54 active C-O contracts with RCI. b. City Street Improvement Projects. Attachment 2, Mike Easley, Construction Superintendent, summaries the contracts we entered into with RCI this past year for city improvement projects. We interfaced with RCI on four contracts and have included an evaluation for each project. c. Water Quality Protection Program Projects. Attachment 3, Jim Loehr, WQPP Program Manager, summaries the two WQPP contracts executed with RCI this past year. Evaluations are included for both projects. Summary: From a Public Works perspective, RCI has generally performed Satisfactory this past year. They have performed as good or better than other contractors on City— Owner projects, satisfactory on City Street Improvement projects, and ' 'mall acceptable on WQPP projects. o.s Douglas A. Nelson, P.E. 3 Atchs Manager of Engineering City of Rochester .................. Public Works Department Summary of Road Constructor City/ Owner projects this past year September 28, 2001 We currently have 307 active City/ Owner projects; 48 of which are R.C.I. projects. 5 — projects R.C.I. projects added this past year 6 —projects completed and finaled We have not received Engineer's Certificates on 26 of the 48 projects. I have completed and sent out semi-final inspections on 9 of these, in hopes of initiating the process, Another 10 projects are nearing semi-final inspection stage and inspections will be made accordingly. Breakdown of projects: 17 - have not reached the Eng. Cert. or semi -acceptance stage. 9 - do not have Eng. Certificates, but have had acceptance inspections with punch -lists. 5 - have recently been claimed by R.C.I. to be completed, but need to be re -inspected. 8 - have had additional punch -list items addressed, but remain incomplete. 9 - have not shown any progress in completing the punch -list items. 48 — active R.C.I. projects Despite the relatively low number of finaled projects so far this season, R.C.I. has stepped up their efforts in completing their projects this past year. Road Constructor's punch -list foreman (Bruce McGowin) said it was his mission to complete all of the items this year on the 3 1 projects, which currently have punch -lists. The construction of detention ponds in a timely manner remains a problem. Detention Ponds are to be constructed before general excavation, including the installation of sewer, water, and storm sewer. The Detention ponds are not included in the City/ Owner Contract, but rather the Developer is issued a Grading Permit by the City to construct the detention ponds at the time the site is generally graded. It seems that the delays in constructing the detention ponds Road Constructors (and others) have been driven by the developer's desire to have the streets and lots completed first. REQUEST FOR COUNCIL ACTION MEETING 14 / DATE: 10-15-01 AV CIVuA or%, t tun: PUBLIC HEARINGS ►11► DEPT: ''-M DESCRIPTION: Final Plat #01-02 by Badger Development ll, LLC to be known as _..dger Ridge Second Subdivision. The Plat proposes to subdivide 18.92 acres of land into 75 lots for residential development and also proposes right-of-way dedication for three roadways. The property is adjacent to the westerly side of Badger Ridge Subdivision, south of Valleyhigh Road NW and west of West Circle Drive. October 10, 2001 Planning Department Review: ITEM NO. tEPARED BY: Brent Svenby, Planner See attached staff report dated October 10, 2001, recommending approval subject to the following modifications / conditions: 1. The applicant agrees that this subdivision will have an impact upon the City's needs for parkland and that cash in lieu of land in amount of $24,705 will fulfill the dedication obligation of this plat has stated in the October 3, 2001 memo from the Rochester Park and Recreation Department. Payment is due prior to the recording of the final plat documents. 2. The Developer shall execute a supplement to the Development Agreement with the City of Rochester that addresses changes in the Owner's obligations regarding Storm Water Management. Said supplement shall be executed prior to the recording of the final plat documents. 3. A temporary turn -a -round and associated easement shall be provided at the southerly end of Ashland Drive NW to the Public Works Department prior to recording the Final Plat documents. Council Action Needed: 1. A resolution approving the plat can be adopted. Distribution: 1. City Administrator 2. City Clerk 3. City Attorney 4. Planning Department File 5. Planning Department, GIS Division 6. Applicant: This item will be considered sometime after 7:00 p.m. Chambers at the Rochester / Olmsted County Government Center. 7. Yaggy Colby Associates �� 011*1 on Monday, October 15, 2001 in the Council JNCIL ACTION: Motion by: second by: to: >YI tj §0& r Is3 3i? � as Z 10 /Z n W U C) 0 cle W m � of? = 9r._ �GISB�q"p p�R �Yek4i@�9L��&4RR?�RR.. 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OF www.olmstedcounty.com/planning TO: Rochester Common Council FROM: Brent Sveri Planner DATE: October 10, 2001 RE: Final Plat #01-02 to be known as Badger Ridge Second Subdivision Planning Department Review: Applicant/Owner: Badger Development II, LLC 400 South Broadway #100 Rochester, MN 55902 Surveyors/Engineers: Yaggy Colby Associates 717 3 ° Avenue SE Rochester, MN 55904 Referral Comments: 1. RPU Water Division 2. RPU Operations Division 3. Rochester Public Works 4. Qwest 5. Planning Dept. — Wetlands 6. PlanningDept.—Addressing 7. Rochester Park and Recreation Report Attachments: 1. Referral Comments ( 2 Letters) 2. Location Map 3. Copy of Final Plat Plat Data: Location of Property: The property is located west of West Circle Drive and south of Valleyhigh Road NW. The plat allows for the continuation of Monroe Drive NW, Tomah Place NW and Ashland Place NW. Zoning: The property is zoned R-2 (Low Density Residential) in the City of Rochester. Proposed Development: This development consists of approximately 19.90 acres of land to be subdivided into 75 lots for single family residential development. Streets: This plat dedicates right-of-way for three new public roadways. BUILDING CODE 5071285-8213 - GIS/ADDRESSING/MAPPING 5071285-8232 - HOUSING/HRA 507/285-8224 ^•+d----- PLANNING20NING 507/285-8232 - WELUSEPTIC 507/285-8345 FAX 5071287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER II Page 2 Badger Ridge 2"0 Subdivision October 10, 2001 The first roadway is "Monroe Drive NW", a roadway that connects with Ashland Drive NW. This roadway is designed with a 37' wide surface with a 60' right-of- way width. The second roadway is "Tomah Drive NW", a north/south roadway ending at Monroe Drive NW. This roadway is designed with a 33' wide surface with a 56' right-of-way width. The third roadway is "Ashland Drive NW" a north/south roadway which will eventually continue into the Hart Farms GDP. This roadway is designed with a 37 wide surface with a 60' right-of-way width. Sidewalk: Sidewalks will be constructed along the public roadways. A 5 foot wide sidewalk will be constructed along Ashland Place NW and Monroe Drive NW. A 4 foot wide sidewalk will be constructed along Tomah Place NW. Drainage: The elevations of this site range from 1,080' in the southwest corner of the plat to 1,140' in the northeast portion of the property. The property generally drains to the southwest. A storm water management pond will be constructed southwest of the property. The grading plan has been approved by the City Public Works Department subject to possible revisions on Lots 1-7 and 15-18, Block 3 and Lots 1- 3, Block 4. Prior to the issuance of building permits on said lots, grading will need to be approved. 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: Sanitary sewer and water lines will be extended from their present ends to accommodate this development. The public improvement plans are approved for this development. Spillover Parking: As per Section 63.426 of the LDM, all residential development must provide spillover parking for service vehicles and visitors at a rate of 1.2 spaces per dwelling unit, in addition to the required off-street parking. This additional parking may be provided either off-street or on -street. This development requires 90 spillover parking spaces. The right -of - go' Page 3 Badger Ridge 200 Subdivision October 10, 2001 way and road widths appear adequate to meet this requirement. Parkland Dedication: The Rochester Park and Recreation Department recommends that the parkland dedication requirements for this plat be satisfied by cash in lieu of land. General Development Plan: The plat is consistent with the approved Badger Ridge General Development Plan. Preliminary Plat: A preliminary plat for this property was approved by the City Council on March 5, 2001 with the following conditions: 1. The Plat shall be revised: a. Providing an easement that is of adequate width for an 8" public water main needed between Lots 15 & 16, Block 1 for network looping according to the memo from Rochester Public Utilities - Water Division, dated January 25, 2001. b. Changing the name of the roadway labeled 'Tomah Drive NW" to 'Tomah Place NW". c. Changing the name of the roadway labeled "Ashland Drive NW" to "Ashland Place NW". 2. Dedication of parkland be met via cash in lieu of land, with payment due prior to recording the final plat, as recommended by the City Park & Recreation Department In the attached memo, dated February 2, 2001. 3. A temporary turn -a -round and associated easement shall be provided for a turn- around at the southerly end of Ashland Drive NW prior to recording the Final Plat documents. 4. Storm water Management must be provided. An off -site drainage easement shall be dedicated over the unplatted land to the southwest of this property for the outlet from the storm sewer running between Lots 15 & 16, Block 1. This outlet may need to be extended further off -site to prevent erosion on the adjacent slope. The Council also approved a design modification on this plat not to provide mid -block pedestrian connections. A substantial land alteration permit was also approved to allow the changing of grades more than 10 feet in certain areas. Plannino Staff and Recommendation: The Planning Staff has reviewed the submitted final plat and finds that it is consistent with the approved preliminary plat. The staff would then recommend approval subject to the following conditions: Page 4 73 Badger Ridge 2n° Subdivision October 10, 2001 1. The applicant agrees that this subdivision will have an impact upon the City's needs for parkland and that cash in lieu of land in amount of $24,705 will fulfill the dedication obligation of this plat has stated in the October 3, 2001 memo from the Rochester Park and Recreation Department. Payment is due prior to the recording of the final plat documents. 2. The Developer shall execute a supplement to the Development Agreement with the City of Rochester that addresses changes in the Owner's obligations regarding Storm Water Management. Said supplement shall be executed prior to the recording of the final plat documents. 3. A temporary turn -a -round and associated easement shall be provided at the southerly end of Ashland Drive NW to the Public Works Department prior to recording the Final Plat documents. ROCHESTER PARK AND F CREATION DEPART t ET 201 FOURTH STREET SE / ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: October 3, 2001 TO: Jennifer Garness Planning RE: Badger Ridge 2nd Final Plat # 01-02 Acreage of plat.......................................................... Number of dwelling units ............................................. Dwelling unit density ................................................... Density factor............................................................ Dedication............................................................... Fair market value of land ............................................. 18.92 acres 75 units 3.96 units/acre .0244 1.83 acres $13, 500/acre The Park and Recreation Department recommends that dedication requirements be met via: Cash in lieu of land in the amount of $24,705 with payment due prior to recordation of the plat. Applicant: Badger Ridge Development Suite 100, Riverside Bldg 400 S Broadway 0:\DSTOTZ\2001\DE➢ICATION\NW 2898\BADGER RIDGE 2ND.DOC ROCHESTER Minnesota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DATE: 10/8/01 DEPARTMENT OF PUBLIC WORKS 201 4" Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the requested application for Final Plat Request #01-02 on the Badger Ridge Second Subdivision property. The following are Public Works revised comments on the proposal: 1. A Development Agreement has been executed for this property. Execution of an Amendment to the Agreement is necessary to address changes in the Owner's obligations regarding Storm Water Management. 2. A temporary turn -around, and associated easement is required at the southerly end of Ashland Dr NW. Charges/fees applicable to the development of this property are addressed in the executed City -Owner Contract and the Development Agreement for this property. C:\WINNT\Profiles\plabsvenlTemporary Internet Files\OLK93\FP01.02 Badger Ridge 2nd.doc REQUEST FOR COUNCIL ACTION MEETING 71 DATE: 10-1-0 AGENDA SECTION: ORIGINATING DEPT: ITEM N0A PUBLIC HEARINGS PLANNING rEMDESCRIPTION: Final Plat #01-43 by Curt Swedlund to be known as Bandel Business PREPARCenter. This Plat proposes to subdivide 5.58 acres of land into 2 lots for development. Brent The plat dedicates right-of-way for Bandel Road NW. The property is located along the Pla west side of Bandel Road NW, east of Highway 52 and north of 59"Street NW. October 10, 2001 Planning Department Review: See attached staff report dated October 10, 2001, recommending approval subject to the following modifications 1 conditions: 1. The plat shall be revised to include: • The dedication of 60 feet of right-of-way width, west of the centerline of Bandel Road NW. • Controlled access along Bandel Road NW, except for access openings approved in the Development Agreement. • 10 foot wide utility easement along the entire east lot lines of Lots 1 and 2, Block 2. 2. Storm water management must be provided. Grading and drainage plans will be required for review and approval at the time of individual lot development and a Storm Water Management fee will apply if on -site detention is not provided. The grading of the individual lots shall match the proposed centerline profile and street cross-section for Bandel Road NW. 3. Execution of a City -Owner Contract is required prior to the construction of public infrastructure at the time of individual lot development, if the addition of hydrant(s), and/or the extension of public watermain to serve the lots. 4. Public utility easements shall be granted if on -site public watermains are required at the time development takes place on the individual lots. Council Action Needed: 1. A resolution approving the plat can be adopted. Distribution: 'i4lr„y t 1. City Administrator 2. City Clerk 3. City Attorney 4. Planning Department File 5. Planning Department, GIS Division 6. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, October 15, 2001 in the Council Chambers at the Rochester / Olmsted County Government Center. 7. Yaggy Colby Associates 1UNCIL ACTION: Motion by: Second by: ««� Y l% to: 11 65 ST NW E Final Plat #01-43 Bandel Business Center 900' Notification Distance Ward 3 McConnell 10/01/01 i 9. r e LLJ w LU 2 _ � c N777|\ w S 2 * c , ]� n ! ( \ l / § |; \ ! : || |! m \ q § L ¥G0�@ § \ § � \ \ 06, ROCHESTER-OLIMSTED PLANNING DEPARTbtENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 COY„„ OF www,olmstedcounty.com/planning TO: Rochester Common Council FROM: Brent Svenby, Planner DATE: October 10, 2001 RE: Final Plat #01-43 to be known as Bandel Business Center Planninq Department Review: Applicant/Owner: Surveyors/Engineers: Referral Comments: Report Attachments: Plat Data: Location of Property: Zoning: Proposed Development: Curt Swedlund 818 25u' Street SW Rochester, MN 55902 Yaggy Colby Associates 717 Third Ave. SE Rochester. MN 55904 1. RPU Water Division 2. RPU Operations Division 3. Rochester Public Works 4. Qwest 5. MnDOT 6. Planning Dept. — Wetlands 7. Planning Dept. — Addressing 1. Referral Comments ( 3 Letters) 2. Location Map 3. Copy of Final Plat This plat is located along the west side of Bandel Road NW, east of Highway 52 and north of 591" Street NW. The property is zoned B-4 (General Commercial) on the City of Rochester Zoning Map. The existing parcel is being platted into two lots. No specific development is currently proposed on either of the lots. Streets: There are no new roadways being dedicated with this Plat. The plat does dedicate 50 feet of right-of-way for Bendel Road NW. The plat will need to be revised to dedicate 60 feet of right-of-way for Bandel Road BUILDING CODE 507/285-8213 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 507/285-8224 moo..., PLANNING/ZONING 507/285-8232 • WELUSEPTIC 507/285-8345 FAx 507/287.2275 ,meow AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 Bendel Business Center October 10, 2001 NW. Controlled access will also need to be dedicated along Bandel Road NW except of any access openings approved in the Development Agreement. Sidewalks: A 10 foot wide bituminous path will be required along the entire frontage of the property abutting Bandel Road NW. The applicant has executed a pedestrian facilities agreement to provide this path. Drainage: Grading and drainage information for this plat was reviewed by the Rochester Public Works Department prior to plat submittal. Grading and Drainage plan review will be required at the time of individual lot development. Storm Water Management will need to be provided at time development occurs on the lots. 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 will be required if the extension of public watermain and/or the addition of hydrant(s) is required for the development on these lots. This area is within the Main Level Water System Area. If on -site public water mains are required when the property develops, public utility easements will need to be granted. Spillover Parking: Parking requirements for this property will be reviewed at the time specific development is proposed on the individual lots. Parking along Bandel Road NW will not be permitted. 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. Plannin�Staff and Recommendation and Recommendation: The Planning Staff has reviewed the submitted final plat and would recommend approval subject to the following conditions: 1. The plat shall be revised to include: • The dedication of 60 feet of right-of-way width, west of the centerline of Bendel Road NW. Page 3 Bandel Business Center October 10, 2001 • Controlled access along Bandel Road NW, except for access openings approved in the Development Agreement. + 10 foot wide utility easement along the entire east lot lines of Lots i and 2, Block 2. 2. Storm water management must be provided. Grading and drainage plans will be required forreview and approval at the time of individual lot development and a Stormwater Management fee will apply if on -site detention is not provided. The grading of the individual lots shall match the proposed centerline profile and street cross-section for Bandel Road NW. 3. Execution of a City -Owner Contract is required prior to the construction of public infrastructure at the time of individual lot development, if the addition of hydrant(s), and/or the extension of public watermain to serve the lots. 4. Public utility easements shall be granted if on -site public watermains are required at the time development takes place on the individual lots. r ROCHESTER Minnesota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DATE: 10/8/01 DEPARTMENT OF PUBLIC WORKS 20140 Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the requested application for Final Plat #01-43 on the Bandel Business Center property. The following are Public Works comments on the proposal: Execution of a Development Agreement is required for this property, to address the obligations of the applicant relating to, but not limited to; stormwater management, traffic improvements, pedestrian facilities, right-of-way dedication, access controlled, and contributions for public infrastructure. (W en<et,. W& 2. Storm Water Management must be provided and a Storm Water Management fee will be applicable to individual parcel development if on -site detention is not provided. 3. Grading and Drainage Plan review will be required at the time of individual lot development. The parcels shall be graded to match the proposed centerline profile and street cross -sections for Bandel Rd NW, which is scheduled for construction in 2002. 4. Execution of a City -Owner Contract will be required, prior to construction of public infrastructure at the time of individual lot development, if the addition of hydrant(s), and/or the extension of public watermain is required to serve these parcels. 5. Construction of Pedestrian Facilities are required at the Owner's expense, along the entire frontage of Bandel Rd. PACSa . �tftis 4.5,, r" 6. Dedication of access control is required on the Final Plat, with the exception of any access opening(s) approved in the Development Agreement for this property. CAWINDOW57emporary Internet Filesl0LKB022%FP01.43 Bandel Business Center.doc ROCHESTER Minnesota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DEPARTMENT OF PUBLIC WORKS 201 41" Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 7. Dedication of an additional 10 feet (60 feet total) of ROW, west of the centerline of Bendel Rd NW is required to be shown on the Final Plat. 8. No Parking will be permitted along the entire frontage of this property abutting Bandel rd NW. This property has previously been assessed, and paid its applicable charges for the J8475 Water Tower. Additional Development Charges applicable to the development of this property will be included in the Development Agreement, and will include: Sewer Availability Charge (SAC) @ $1709.89 per developable acre. •> Watermain Connection Charge @ $38.39 per foot of frontage on Bandel Rd x 652.08 feet = $25,033.35 •: Sanitary Sewer Connection Charge (southerly 452.08 feet) @ $43.05 per foot = $19,462.04 J9441 "Sanitary Sewer Extension in Bandel Rd" (northerly 200 feet) @ $40.28 per foot + 7.5% interest from 6/1 /98 Substandard Street Reconstruction Charge @ $51.12 per foot of frontage (based on a Commercial Land Use Designation) x 652.08 feet = $33,334.33 Storm Water Management — TBD, if on -site detention is not provided. F_ C:%WINDOWS%Tennporary Internet FllesIOLKB0221FP01.43 Bandel Business Center.doc .pr u we nIedje, we deliver 507/280-1579 October 3, 2001 TO: Jennifer Garness, Planning Department Rochester -Olmsted Planning Department FROM: Michael J. Engle, Supv. of Distribution Design Rochester Public Utilities rb SUBJECT: Final Plat #01-43 by Curt Swedlund to be known as Bandel Business Center. This Plat proposes to subdivide 5.58 acres of land into 2 lots for development. The plat dedicates right-of-way for Bandel Road NW. The property is located along the west side of Bandel Road NW, east of Highway 52 and north of 59a' Street NW. RPU's Operations Division has completed our review of the reference Final Plat and our comments follow: 1. RPU requests a 10' wide Utility Easement along the east lot lines of lots 1 and 2, block 1. Sincerely, Michael J. Engle mje Rochester Public Utilities, 4000 East River Road NE, Rochester, MN 55906-2813 telephone 507.280.1540 0 facsimile 507.280.1642 0 website www.rpu.org S �} rpU,''' we pledge, we deliver October 2, 2001 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Final Plat #01-43 by Curt Swedlund to be known as Bandel Business Center. Dear Ms. Garness: Our review of the referenced final plat is complete and our comments follow: 1. This area is within the Main Level Water System Area, which is available for connection along the east side of Bandel Rd. NW. Static water pressures range from approximately 42 PSI to 46 PSI at the existing grade. 2. Public utility easements will be needed if any onsite public water mains are required. These can be dedicated later, at the time the lots are developed. Please contact us at 507-280-1600 if you have questions. Very truly yours, �nI,,� 0614A 1"""`�"OA Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Curt Swedlund Yaggy Colby Associates Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 'I'Yil!(Irtr �In/rrl r/I/ll < �( erlq t.l / • ��. • .� ..� REQUEST FmR COUNCIL ACTION MEETING DATE: 10-15-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO, PUBLIC HEARINGS : �• PLANNING t6� — :M DESCRIPTION: Final Plat #01-44 by Carriage Homes XVII Inc., to be known as Fox PREPARED BY: ridge Townhomes First CIC # 159 First Supplemental. This Plat proposes to subdivide Brent Svenby, 14.97 acres of land into 64 lots for townhome development and 1 outlot. The property will Planner be served by private roadways. The applicant is also requesting approval of a Substantial Land Alteration permit to allow for changing grades more than 10 feet in certain areas within the development. The property is located west and north of Meadow Lakes Drive NW and south of 3rd Street. October 11, 2001 Planninq Department Review: See attached staff report dated October 11, 2001, recommending approval subject to the following modifications conditions: 1. an nt. 2. The applicant agrees that this subdivision will have an impact upon the City's needs for parkland and that cash in lieu of land in amount of $34,320 will fulfill the dedication obligation of this plat has stated in the October 3, 2001 memo from the Rochester Park and Recreation Department. Payment is due prior to the recording of the final plat documents. 3. The documents assigning long-term maintenance of common lands and facilities shall be recorded concurrent with the final plat documents (mylars). 4. Construction of concrete sidewalk is required along the entire frontage of 2nd Street NW/Meadow Lakes Drive NW. Council Action Needed: 1. A resolution approving the plat can be adopted. 2. The Council should include a motion to adopt findings to support either approval or denial of the proposed Substantial Land Alteration Activity. Distribution: 1. City Administrator 2. City Clerk 3. CityAttomey 4. Planning Department File 5. Planning Department, GIS Division 6. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, October 15, 2001 in the Council Chambers at the Rochester / Olmsted County Government Center. 7. South Eastern Engineering and Brand & Massey Surveying, Inc a; —1UNCIL ACTION: Motion by: 1`0'44"" i` Second by: 1" k"`?� to: \ t ! ? \� \ � 5 r- r. � � p8E., � p L. wte-ew (+ae) •v otm-aez uwi xa �� v c roew xn '+•tue•.e a •tw -- 'tc tam or = B 0 'JN] ONI2I33NION3 N7 tl3 HSIIOSOY= ISI jmul z - ? o _I ❑ u N w u 6 wX W 6 W mid," (tea) •v o m-taz Itxl vz '3N[ ONINKNION3 NH[ I HJf YVA9: k1:RYGGfIi-`1i�.�:47A;A] acvr<wr^ra±nrrari�w� ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 C o U„„ „ www.olmstedcounty.com/planning Rochester Common Council FROM: Brent Svenby, Planner DATE: October 11, 2001 l 51W--e W&%W W►+y�Iowa RE: Final Plat #01-44 to be known as Fox Ridge Townhomes First CIC 159 First Supplemental Planning Department Review: Applicant/Owner: Surveyors/Engineers: Referral Comments: Report Attachments: Plat Data: Location of Property: Zoning: Proposed Development: Carriage Homes XVII Inc. 6750 Stillwater Blvd. North Stillwater, MN 55082 Brand & Massey Surveying, Inc. 1009 W hitewater Avenue St. Charles, MN 55972 South Eastern Engineering, Inc. 4016.. Street SE, Suite D Rochester, MN 55904 1. RPU Water Division 2. RPU Operations Division 3. Rochester Public Works 4. Planning Dept. - Addressing 5. Rochester Public Works Department 6. Planning Dept. — Wetlands 7. Rochester Building and Safety 1. Referral Comments ( 3 Letters) 2. Location Map 3. Copy of Final Plat 4. SLA Map 5. SLA Letter The property is located west and north of Meadow Lakes Drive NW and south of 3rd Street NW. The property is zoned R-1X on the City of Rochester Zoning Map. This development consists of 14.97 acres of land to be subdivided into 64 lots for a towmhome development and one common lot. BUILDING CODE 5071285-8213 • GISIADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 507/2B5-8224 .„- PLANNING20NING 507/285.8232 • WELUSEPTIC 507/285-8345 FAX 507/287.2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER +m.e+ Page 2 Fox Ridge Townhomes October 11, 2001 Streets: There are no new roadways being dedicated with this Plat. The property has access from Meadow Lakes Drive NW. The roadways serving the townhomes will be private. Sidewalk: In accordance with current City policy pedestrian facilities including pedestrian ramps are required along both sides of all of the new roadways. Drainage: The grading and drainage plans have been approved subject to the approval of the Substantial Land Alteration. 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: The City has approved the public improvement (water main and sanitary sewer construction) plans for the subdivision. Spillover Parking: Spillover parking requirements were reviewed at the time the performance residential development plan was approved. Parkland Dedication: The Rochester Park and Recreation Department recommends that the parkland dedication requirements for this plat be met via cash in lieu of land in the amount of $34,320. Payment is due prior to the recording of the final plat documents. General Development Plan: The proposed plat is consistent with the approved Fox Ridge General Development Plan. Substantial Land Alteration The applicant is also requesting approval of land disturbing activities defined as Substantial Land Alteration according to Section 62.1101, B of the Rochester Zoning Ordinance and Land Development Manual. Section 62.1102 of the LDM allows the City to consider a request for excavation or substantial land alternation as part of a Type III application, such as a final plat, subject to making findings established in Sections 62.1105 and 61.146 of the LDM. This development includes a proposal for grading work which involves a grade change of 10- feet or more from the pre-existing grades. The attached map labeled SLA Map identifies the area on the site where the existing grades are proposed to be altered by 10-foot or more. The attached letter and map from Pam Shakai of South Eastern Engineering, Inc, has identified the location were the grading is taking place. Some of the material will be trucked off -site. The grading work will be completed in about 30 days. Sections 61.146, 62.1102 and 62.1105 of the LDM are attached. Page 3 Fox Ridge Townhomes October 11, 2001 Staff Suapested Findin-gs If the City Council approves the proposed substantial land alternation, staff recommends the following findings to Sections 62.1105 and 61.146 of the Rochester Zoning Ordinance & Land Development Manual: 62.1105 1) The activity should not result in danger to life or property. The slopes will be designed with a maximum slope of 4:1. The cut/fill areas are not adjacent to any areas planned parks or existing residential areas. The finished grading work will allow for townhomes to be constructed. The grading and drainage plans will need to comply with City standards and be approved by the Rochester Public Works Department. 2) The grading and drainage plan for this project needs to be approved by the Rochester Public Works Department and it will document the extent of the work. Noise and dust control will need to comply with City standards. 3) The equipment conducting the grading work on the property will also be the equipment utilized in grading the roadways in the development. Some of the material will be hauled from the site. Prior to material being removed from the site, the applicant shall submit a haul route plan to the City Engineer for review and approval. 4) The proposed excavation work should not affect air quality or ground and surface water quality. 5) The proposed grading work should not adversely affect the scenic quality of Rochester. There will not be any steep slopes or exposed rock faces. The natural topography of the area will be re -graded to provide adequate slopes for dwellings, roads and drainage. 6) The result of the proposed activity will be compatible with existing development and development anticipated in the future. The finished result of the grading work will allow for development that is consistent with the land use plan and the approved General Development Plan for the property. 7) The grading will be confined to the property and should not affect the use and enjoyment of adjacent properties. The duration of the excavation activity is expected to be completed in approximately 30 days. 8) The grading activity will only take place during the construction of the roadways and buildings pads that are planned for the site. The grading is expected to be completed in approximately 30 days. 9) The grading and drainage plan will need to provide the proper restoration and stabilization in accordance with the adopted codes for the City of Rochester. 10) The grading and drainage plans will need to be reviewed and approved by the City. Stormwater management will be provided for the development. The grading of these areas will help provide the adequate drainage for the property. 11) The area of grading does not contain sinkholes. 12) The grading work is expected to be completed in approximately 30 days. The duration seems appropriate for this type of activity and the size of the project. i r. Page 4 Fox Ridge Townhomes October 11, 2001 13) The Rochester Public Works Department will need to review and approve the grading and drainage plan for this work. This plan must accommodate permanent and interim erosion and sediment control. 14) Surety will need to be provided that guarantees the site will be fully restored after the completion of the excavation activity. This surety can be provided through the owner -contract process for this development. If grading is to occur prior to an owner -contract, a separate surety will need to be provided. 15) The grading and drainage plan will need to be approved by the Rochester Public Works Department prior to any grading on the property. The Planning Staff would suggest the following findings for Section 61.146: 1) Prior to material being removed from the site, the applicant shall submitted a haul route plan to the City Engineer for review and approval 2) Not applicable 3) Not applicable 4) The Rochester Public Works Department will need to review and approve the grading and drainage plan for this work. This plan must accommodate permanent and interim erosion and sediment control. 5) Not applicable 6) Not applicable 7) Not applicable 8) Not applicable Staff would recommend that prior to material being removed from the site, the applicant shall submit a haul route plan to the City Engineer for review and approval. Preliminary Plat: There was not a preliminary plat for this property. No new right-of-way is being dedicated with this Plat Planning Staff and Recommendation: The Planning Staff has reviewed the submitted final plat and would recommend approval subject to the following conditions: 1. The plat shall be revised to remove Lots 34, 35, 50 and 64 out of the 10' utility easement. Page 5 Fox Ridge Townhomes October 11, 2001 2. The applicant agrees that this subdivision will have an impact upon the City's needs for parkland and that cash in lieu of land in amount of $34,320 will fulfill the dedication obligation of this plat has stated in the October 3, 2001 memo from the Rochester Park and Recreation Department. Payment is due prior to the recording of the final plat documents. 3. The documents assigning long-term maintenance of common lands and facilities shall be recorded concurrent with the final plat documents (mylars). 4. Construction of concrete sidewalk is required along the entire frontage of 2"d Street NW/Meadow Lakes Drive NW. CS/ Page 6 Fox Ridge Townhomes October 11, 2001 CITY OF ROCHESTER ZONING ORDINANCE AND LAND DEVELOPMENT MANUAL EXCERPTS 62.1102 Exempt Activities: 1) Except as required for a reclamation plan, which may be imposed on any of the following activities as part of any required City permit or approval process, the provisions of these Sections 62.1100 through 62.1113 shall not apply to the following activities: a) The land area included within 15' or as reasonably defined by the City Engineer to allow soil stabilization of the identified boundaries of a building submitted for a building footing and foundation permit. b) Stormwater management facilities or other public infrastructure approved by the City. c) Excavations or blasting for wells, tunnels or utilities that have received all necessary governmental approvals. d) Refuse disposal sites controlled by other applicable City, State or federal regulations. e) On -going cemetery (burial) operations. f) Development activity for which a general development plan, subdivision permit or other Type III approval has resulted in the review of the proposed cut and fill work and for which a grading permit is required. To qualify for this exemption, the Council shall have made the findings established in Section 62.1105. g) Uses in the Central Development Core (CDC) District. 62.1105 Findings Necessary for Issuance of a Conditional Use Permit: The City shall approve a conditional use permit authorizing an excavation activity only if all of the following findings with respect to the proposed activity are made, in addition to those listed in Section 61.146: 1) The activity will not result in a danger to life or property due to (1) steep or unstable slopes, (2) unsafe access to the property, (3) excessive traffic, or (4) proximity to existing or planned residential areas, parks and roadways; 2) Visual, noise, dust, and/or excessive on- or off -site environmental impacts on public parks, roadways and residential areas can be adequately mitigated by the Applicant and a fully detailed plan is submitted by the Applicant to demonstrate the mitigation methods to be used, the cost of such mitigation, the source of funds for such mitigation, and adequate legal assurance that all of such mitigation activities are carried out; 3) The use of trucks and heavy equipment will not adversely impact the safety and maintenance of public roads providing access to the site, or such impacts will be mitigated; Page 7 Fox Ridge Townhomes " October 11, 2001 4) The proposed use will not adversely affect air quality or ground water or surface water quality; 5) The proposed use will not adversely affect the scenic quality of Rochester or the natural landscapes, environment, wildlife and wildlife habitat; or if such effects are anticipated to occur, the reclamation plan provides for adequate restoration of the site following completion of the excavation activity; 6) The activity will be compatible with existing development and development anticipated in the future, including other uses as shown in the Comprehensive Plan, including but not limited to: patterns of land use, recreational uses, existing or planned development, public facilities, open space resources and other natural resources; 7) The activity will not unduly affect the use and enjoyment of adjacent properties; 8) The site plan provides for adequate buffers and screening year-round from unsightly features of the excavation operation; 9) The reclamation plan provides for adequate and appropriate restoration and stabilization of cut and fill areas; 10) The excavation activity will not result in negative impacts on drainage patterns or stormwater management facilities; 11) The proposed activity will minimize impacts on sinkholes, wetlands and other natural features affecting ground water or surface water quality; 12) The intensity and the anticipated duration of the proposed excavation activity is appropriate for the size and location of the activity; 13) Permanent and interim erosion and sediment control plans have been approved by the City; 14) Surety has been provided that guarantees the site will be fully restored, after completion of the excavation activity, to a safe condition, and one that permits reuse of the site in a manner compatible with the Comprehensive Plan, neighborhood plans, the Land Use Plan and applicable City policies. 15) The proposed activity complies with the requirements of the adopted building code. 61.146 Standards for Conditional Uses: The zoning administrator, Commission, or Council shall approve a development permit authorizing a conditional use unless one or more of the following findings with respect to the proposed development is made: 1) Provisions for vehicular loading, unloading, parking and for vehicular and pedestrian circulation on the site and onto adjacent public streets and ways will create hazards to safety, or will impose a significant burden upon public facilities. 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 Page 8 Fox Ridge Townhomes October 11, 2001 undue burdens on the sewers, sanitary and storm drains, water or similar public facilities. 3) The provision for on -site bufferyards and landscaping does not provide adequate protection to neighboring properties from detrimental features of the development. 4) The site plan fails to provide for the soil erosion and drainage problems that may be created by the development. 5) The provisions for exterior lighting create undue hazards to motorists traveling on adjacent public streets or are inadequate for the safety of occupants or users of the site or such provisions damage the value and diminish the usability of adjacent properties. 6) The proposed development will create undue fire safety hazards by not providing adequate access to the site, or to the buildings on the site, for emergency vehicles. 7) In cases where a Phase I plan has been approved, there is a substantial change in the Phase II site plan from the approved Phase I site plan, such that the revised plans will not meet the standards provided by this paragraph. 8) The proposed conditional use does not comply with all the standards applying to permitted uses within the underlying zoning district, or with standards specifically applicable to the type of conditional use under consideration, or with specific ordinance standards dealing with matters such as signs which are part of the proposed development, and a variance to allow such deviation has not been secured by the applicant. 61.147 Conditions on Approval: in considering an application for a development permit to allow a Conditional Use, the designated hearing body shall consider and may impose modifications or conditions to the extent that such modifications or conditions are necessary to insure compliance with the criteria of Paragraph 61.146. ROCHESTER 99 Minnesota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DATE: 1018101 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 requested application for Final Plat #01-44 on the Fox Ridge Townhomes First CIC#159 First Supplemental property. The following are the Public Works comments on the proposal: 1. A Development Agreement has been executed for this property. 2. A City -Owner Contract has been executed for this development. 3. Construction of concrete sidewalk is required at the Owner's expense, along the entire frontage of 2nd St NW / Meadow Lakes Dr NW. Development Charges are addressed in the City -Owner Contract & Development Agreement for this property , with the exception of: ❖ Traffic Signs as determined by the City of Rochester Traffic Division. 8 Street Name Signs Plus "No Parking" signs on the curve of Meadow Lakes Dr. C:\WINNTProfileslplabsven%Temporary Internet Files10LK93\FP01-44 Fox Ridge Tovmhomes First Supplemental CIC 159.doc r ROCHESTER PARK AND R REATION DEPARTMENT 201 FOURTH STREET SE ROCHESTER MINNESOTA 55904-3769 60 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: October 3, 2001 TO: Jennifer Garness Planning RE: Final Plat #01-44 Fox Ridge Townhomes First CIC #159 Acreageof plat.......................................................... Number of dwelling units ............................................. Dwelling unit density ................................................... Densityfactor............................................................ Dedication............................................................... Fair market value of land ............................................. 14.97 a 64 units 4.28 units/a .0244 1.56 a $22,000/a The Park and Recreation Department recommends that dedication requirements be met via: Cash in lieu of land in the amount of $34,320 with payment due prior to recordation of the final plat. Applicant: Carriage Homes XVII 6750 Stillwater Bvld North Stillwater, MN 55082 0:\DST0TZ\2001\DEDICATI0N\1TW 2898\FOX RIDGE TWHMOMES.DOC To: Jennifer Gamess, Planning Department From: Randy S. Johnson Date: October 1, 2001 Re: Final Plat #01-44 by Carriage Homes XVII Inc. to be known as Fox Ridge Townhomes First CIC #1595 First Supplemental. This plat proposes to subdivide 14.97 acres of land into 64 lots for townhome development and 1 outlot. The above referenced Plat appears to indicate new construction that is regulated under the Building Code and will require building permits. Complete plans and specifications are required to be submitted for a building permits prior to construction. The proposed construction appears to consist of attached single-family dwellings (townhomes) on separate lots with property lines between the units. Please verify the following items: Separate utility services (i.e. sewer, water, gas, electric, etc.) are required to be provided to each dwelling unit. The utilities are not permitted to encroach onto or through the adjacent lots. The dwelling units are required to be provided with fire rated walls at property lines in accordance with the 1997 UBC Section 503. Please let me know if you have any questions or concerns. Thank you 0 Page 1 South Eastern Engineering Inc. 40 10Street, SE ♦ Suite D ♦ Rochester, Mn 55904 Phone 507 287-0110 1 Fax 507 286-9168 ♦ Email seengr@spare.isl.net July 23, 2001 Mr. Brent Svenby Rochester -Olmsted Planning Department 2122 Campus Drive S.E. Suite 100 Rochester, MN 55904-4744 RE: Exemption from Section 62.1101.2(a) for Fox Ridge Townhomes 1", CIC #159, 1" Supplemental Dear Mr. Svenby: The grading of the Fox Ridge Townhomes site will result in exceeding a 10 foot vertical cut in an area between the proposed Meadow Lakes Lane N.W. and Prairie View Place N.W. This project meets the definition of Section 62.1101.2.a.I(d) where the cut\fill involves a grade change of 10 feet or more from the pre-existing grades. The enclosed plan indicates the area of cut in excess of 10 feet. The raw cut volume is approximately 76,600 cubic yards. It is estimated that only 34,500 cubic yards of fill will be used on the site, thus the contractor will be required to dispose of 42,100 cubic yards of excavation off site. The maximum extreme cut would be approximately 20 feet and that would occur at approximately station I±10 (see attached profile). Section 62.1102.IF provides for an exemption provided there are sufficient findings made as contained in 62.1105. The following are suggested findings in support of the request: 62.1105(1-15) 1. The activity necessary to grade the portions in excess of 10 foot vertical cut will not result in unstable slopes or unsafe access. The maximum proposed finished grade on this site is 4:1. The area with the largest cut is in the interior of the property and thus will not create an unsafe access problem to the site. The closest this grading in excess of 10 feet, gets to developed property is 40 feet. The cut area is not adjacent to a public park or roadway. 2. The contractor will be required to meet the City's noise ordinance and will be responsible for obtaining permission to use haul roads. The Contractor will be responsible for minimizing dust on all haul roads and repair and clean up of haul roads when excavation is complete. (See attached excerpts from the Specifications.) 3. See the attached excerpt from the project specifications regarding public safety and convenience. 4. See attached excerpt from the project specifications regarding air and water pollution. The additional grading will not affect the air or water quality. S E P 2 5 2u(r. 5. The natural topography of the area will be re -graded to provide adequate slopes for townhomes, but the overall scenic quality will be maintained. Also, the contractor is required to seed and utilize erosion control mat on designated areas prior to building permits being issued. 6. The grading is compatible with the proposed adjacent neighborhood developments. 7. The grading will be confined to the Fox Ridge Townhome property and will not unduly affect the use and enjoyment of adjacent properties. 8. The grading activity will take place for the entire site for approximately 30 working days. The required buffer yards on the west, north and south will be installed prior to completion of this project. (See attached plan.) 9. The grading plan will provide for proper restoration and stabilization in accordance with the codes of the City of Rochester. 10. The grading will not result in negative impacts on the drainage patterns. The site will drain in four directions as the ungraded site does and will ultimately flow to twin ponds constructed in the first phase and sized to receive this runoff. 11. The area of grading does not contain sinkholes or wetlands and will not affect the groundwater or the subsurface water quality once restoration and stabilization is completed. 12. The grading of the entire site will take approximately 30 working days. This time frame is appropriate for the sized and location of this activity. 13. Permanent and interim (during construction) erosion\sedimentation control have been provided for in the grading plan. The city has approved the grading plan contingent upon the SLA. 14, The contractor is required to provide a performance bond for all of the work on the site. 15. The activity is not associated with the building code ordinance 62.1100 and the standards in the Land Developmental Manual and on file with Public Works shall apply to the design standards and construction process. Sincerely, South Eastern Engineering, Inc. Pamela Shakal, P.E. enc cc Carriage Homes XVII REQUEST FOR COUNCIL ACTION MEETING /41 L O," / DATE: 10-15-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PL.4I 1NING 4�E- „ EM DESCRIPTION: Annexation Petition #01-19 by Donald Untiedt to annex approximately PREPARED BY: 58.05 acres of land located south of Viola Road (CSAH 2), east of the Century Hills Theresa Fogarty, Development and west of Haver Hills Subdivision. The property is located in a part of the Planner South Half of the NW Y, and the North Half of the SW Y., Section 29 of Haverhill Township October 9, 2001 City Planning and Zoning Commission Recommendation: The City Planning and Zoning Commission reviewed this annexation request on September 26, 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 #01.19 by Donald Untiedt. Mr. Quinn seconded the motion. The motion carried 6-0. Planning Department Recommendation: See attached staff report, dated September 20, 2001. Minnesota Statutes now specify that the property taxes payable in the year an annexation is effective shall be paid to the Township. For the five years following the annexation, the City must make a cash payment to the Township equaling 90%, 70%, 50%, 30% and 10% of the Townships share of the taxes in the year the property was annexed. The Township Taxes on this property for 2000 is $47.40. Council Action Needed: 1, Following the public hearing, if the Council wishes to proceed as petitioned, it should instruct the City Attorney to prepare an ordinance to be adopted and transmitted to the MN Planning /Office of Strategic and Long Range Planning. Attachments 1. Staff report, dated September 20, 2001. 2. Draft copy of the minutes of the September 26, 2001, CPZC meeting Distribution: 1. City Administrator 2. City Clerk 3. City Attorney: Legal Description Attached 4. City Finance Director: Tax Information Attached 5. Planning Department File 6. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, October 15, 2001 in the Council Chambers at the Rochester / Olmsted County Government Center. 7. Yaggy Colby Associates COUNCIL ACTION: Motion by: Second by: to: 111;I'l 1a,4013 33 e g� .3 .f'11i� 3rrEE §°Sj;° J tt ddW NOIIVX3NNd V1053NNIW `d31S3KXN SNYO NONNYHS it g t t ggfI s f ! 05/ " ROCHESTER-OLbISTED PLANNING DEkRTMENT 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 c a u M TV OF www,olmstedcounty.com/planning TO: City Planning and Zoning Commission FROM: Theresa Fogarty, Planner DATE: September 20, 2001 ESTER_.yl.o. RE:Annexation Petition #01-19 by Donald Untiedt to annex approximately 58.05 acres of land located south of Viola Road (CSAH 2), east of the Century Hills Development and west of Haver Hills Subdivision. The property is located in a part of the South Half of the NW1/4 and the North Half of the SW1/4, Section 29 of Haverhill Township. Planninq Department Review: Applicants/Owners: Donald Untiedt P.O. Box 6881 Minneapolis, MN 55406 Location of Property: The property is located south of Viola Road (CSAH 2), east of the Century Hills Development and west of Haver Hills Subdivision. Existing Land Use: This property is currently undeveloped land. Size: The property proposed for annexation is approximately 58.05. 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 northern Limits: boundary and a portion of its western boundary. Sewer & Water: This area is within the North East High Level Water System Area, which will be available with the completion of Shannon Oaks First Subdivision. This property can be served with municipal sewer and water. BUILDING CODE 507/285.8213 - GIS/ADDRESSING/MAPPING 507/285-8232 - HOUSING/HRA 507/285-8224 .rww-PLANNING20NING 507/285-8232 - WELL/SEPTIC 507/285-8345 FAX 507/287-2275 bwr AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 r Annexation #01-19 September 20, 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 October 15, 2001. The City Clerk has sent the certified 30 day notice. Referral Comments: 1. Rochester Public Utilities - Water Division 2. Olmsted County Environmental Services Report Attachments: Staff Recommendation: 1. Annexation / Location Map 2. Referral Comments (2 letters) 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). CPUs,_ rve pledge, ve deliver September 11, 2001 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Annexation #01-19 by Donald Untiedt to annex 58.05 acres of land located south of Viola Rd. NE and east of the Century Hills Development. Dear Ms. Gayness: Our review of the referenced petition is complete and our comments follow: 1. The property maybe subject to the water availability fee, connection fees or assessments. The Land Development Manager (507-281-6198) at the Public Works Department determines the applicability of these fees. 2. This area is within the North East High Level Water System Area, which will be available to this property with the completion of the planned Shannon Oaks First Subdivision. 3. We will work with the applicant's engineering firm to develop the necessary water system layout to serve this area. Please contact us at 507-280-1600 if you have questions. Very truly yours, 06,JA (, o,..L Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Yaggy Colby Associates Donald Untiedt Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 Date: September 13, 2001 To: Jennifer Garness, Rochester -Olmsted Planning Department From: Khalid Mubarak, Olmsted County Environmental Services RE: Annexation #1-19, by Donald Untiedt at Section 29. Haverhill Township Plan Review The Decorah Edge Groundwater Recharge Area is present within the southern parts of the Parcel. This assessment is based on information derived from the Olmsted County Geological Atlas, construction logs from a nearby wells (#220778 , #220779) and bedrock mapping using ArcView coverages of the two -foot contour lines. The Decorah shale is mapped at 1116 to 1060 feet in elevation and the underlying Glenwood shale at 1096 to 1090 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. MM4 r > N (Q C C ` 0 O p a U o /d V IN 4 O N/ U Z � W � N m ` C Q 7 y U O m �cDE m c EU m E O o T C N O C W m N LL LO fM C 70 r Q M a) 0 c- >-. lljy 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 mufti -spectral `wetness' maps. 2. Retain the vegetation and existing soils on the site. Limit the e)dent 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 now 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 traiWays. 4. Require vertical and lateral setbacks to minimize the disrupdon of groundwater recharge. Where the Decorah shale is the first encountered bedrock, maintain a one4bot 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. Reinflitration should mimic natural recharge processes where feasible. 6. Require day plugs to be installed in utility trenches as a means of maintaining dispersed groundwater recharge flows. Trenches may Inadvertently serve as subdrainage channels. MINUTES OF THE CITY OF ROCHESTER PLANNING COMMISSION 2122 CAMPUS DRIVE SE —SUITE 100 ROCHESTER MN 55904 Minutes of the regularly scheduled meeting of the City Planning and Zoning Commission held on Wednesday, September 26, 2001, at 7:00 p.m. in the Council/Board Chambers of the Government Center, 151 4th Street SE, Rochester, MN. Members Present: Mr. Randy Staver, Vice Chair; Mr. Michael Quinn; Mr. James Burke; Mr. John Hodgson; Mr. Ardeli Brede; and Ms. Leslie Rivas Members Absent: Ms. Mary Petersson, Chair; Mr. Paul Ohly; and Ms. Lisa Wiesner Staff Present: Mr. Jeff Ellerbusch; Mr. Brent Svenby; and Ms. Jennifer Garness Other City Staff Present: None ADMINISTRATIVE BUSINESS: Mr. Burke made a motion to approve the minutes of September 12, 2001, as written. Mr. Brede seconded the motion. The minutes from September 12, 2001 were approved unanimously. Mr. Brede made a motion to approve the agenda, as written. Ms. Rivas seconded the motion. The motion carried unanimously. ANNEXATIONS: Mr. Brent Svenby presented the staff report, dated September 20, 2001, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Mr. Burke moved to recommend approval of Annexation #01-19 by Donald Untiedt. Mr. Quinn seconded the motion. The motion carried 6-0. Mr. Brent Svenby presented the staff The staff report is on file at the Roch( Mr. Quinn asked if the Commission annexation along with the comment dated September 21, 2001, to the Commission. rusted Planning Department. just a roving the annexation, or approving the ide by t Cascade Township Board. REQUEST FOR COUNCIL ACTION MEETING 1/3 DATE: 10-15-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING EM DESCRIPTION: Annexation Petition #01-21 by Jerry Nelson to annex approximately PREPARED BY: 198.21 acres of land located north of 651h Street NW, along the west side of T.H. 52 and Theresa Fogarty, north of Bandel North 1 Subdivision, along the east side of T.H. 52. The property is located Planner in a part of the South Half Y:, Section 4 and the SW 1/4 , Section 4 of Cascade Township, October 9, 2001 City Planning and Zoning Commission Recommendation: The City Planning and Zoning Commission reviewed this annexation request on September 26, 2001. The Commission found that this property is adjacent to the city limits and can be served by City services. The Planning Commission therefore recommends approval of this request. Ms. Rivas moved to recommend approval of Annexation Petition #01-21 by Jerry Nelson. Mr. Hodgson seconded the motion. The motion carried 6-0. Planning Department Recommendation: See attached staff report, dated September 21, 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 $354.81. Council Action Needed: 1. Following the public hearing, if the Council wishes to proceed as petitioned, it should instruct the City Attorney to prepare an ordinance to be adopted and transmitted to the MN Planning /Office of Strategic and Long Range Planning. Attachments 1. Staff report, dated September 21, 2001. 2. Draft copy of the minutes of the September 26, 2001, CPZC meeting Distribution: 1. City Administrator 2. City Clerk 3. City Attorney: Legal Description Attached 4. City Finance Director: Tax Information Attached 5. Planning Department File 6. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, October 15, 2001 in the Council Chambers at the Rochester / Olmsted County Government Center, 7. McGhie &Betts, Inc. � p COUNCIL ACTION: Motion by: second by: to: ANNEXATION EXHIBIT 75TH STREET NW 5 4 N 5 4 DESCRIPTION: SEE ATTACHED: 't NW CORNER SWI/4 UNPLA TED SEC4-1 7-14 •9 ea Sl Vl / MmgY 63i3 VI1LL. ANNEXATION AREA= ANNEXATION AREA= UNP ATTED 79,66 ACRES ni 118.55 ACRES 8 ti ,P 3 65TH S REET NW 5 4 8 9 En Vcx 9 10 ' w aVm EXISTING CITY LIMITS a p � � ' UMBEL IQM 1 ®i3 1 �1 SN 1 F'R'NELSON COMPANY 1201 MEADOWLAKE COURT 5 McGhie ROCHESTER, MNNESOTA C.PA*V E *., 55902 •nn w'n ...nn /ncn. SCALD 1' = 1000' mAw Bn JLF B e tts, Inc. PAr£ , 09-07-01 Lnm sl.�.ro-. ACCT. n¢2 3 1112B/0501 Dale Maul - Plan/Plat Reviews From: Dale Maul To: Internet:gamess.jennifier@co.olmsted.mn.us. Subject: Plan/Plat Reviews Annexation #01-21 by Jerry Nelson to annex approximately 198.1 acres of Land located north of 65th Street NW along the west side of T.H.52 and north of Bendel North subdivision, along the east side of T.H.52. Please be advised of the 75th Street interchange project with overpass at 65th St., frontage roads, and future overpass at 85th St. Please contact Kay in the Engineering Dept. or Charlie Rieter. Final Plat #01-42 by GAC Theaters, LLC to be known as Chateau Subdivision. Please remember access management guidelines in this urbanizing area. CC: Debra Persoon; Fred Sandal ROCHESTER-OLNISTED PLANNING DEPARTNIENT �f,aucxesreR.tr/ �" 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 `,• ' °, a0U„„ a! www.olmstedcounty.com/planning r6 TO: City Planning and Zoning Commission FROM: Theresa Fogarty, Planner DATE: September 21, 2001 RE: Annexation Petition #01-21 by Jerry Nelson to annex approximately 198.21 acres of land located north of 65th Street NW, along the west side of T.H. 52 and north of Bandel North 1st Subdivision, along the east side of T.H. 52. The property is located in a part of the South Half'/2, Section 4 and the SW 1/4., Section 4 of Cascade Township. Planninq Department Review. Applicants/Owners: Jerry Nelson 4909 NW 57th Street Rochester, MN 55901 Location of Property: The property is located north of 65111 Street NW along the west side of T.H. 52 and north of Bendel North 1s1 Subdivision and along the east side of T.H. 52 Existing Land Use: This property consists of cropland with one homestead dwelling located on the east side of T.H. 52. Size: The property proposed for annexation is approximately 198.21 acres with 79.66 acres located along the west side of T.H. 52 and 118.55 acres along the east side of T.H. 52. Existing Zoning: The property is zoned A-3 (Agricultural) District on the Olmsted County zoning map. Future Zoning: Upon annexation, the property will be zoned R-1 (Mixed Single Family) district on the Rochester zoning map. Land Use Plan: The property is designated for "low density residential" uses on the Rochester Urban Service Area Land Use Plan. BUILDING CODE 5071285-6213 - GIS/ADDRESSING/MAPPING 507/285.8232 - HOUSING/HRA 507/285.8224 .�,". PLANNINGIZONING 507/285-8232 - WELUSEPTIC 5071285-8345 FAX 507/287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 Annexation #01-21 September 21, 2001 Adjacency to the Municipal Limits: Sewer & Water: The property is adjacent to the city limits along its southerly boundaries on the west and east sides of T.H. 52. This area is within both the Main Level Water System Area and the Northwest High Level Water System Area. Lift stations will be necessary to service the property with sanitary sewer. Townboard Review: Minnesota State Statutes requires that the Townboard members receive written notice, by certified mail, 30 days prior to the public hearing. The City Council will hold a public hearing on this item on October 15, 2001. The City Clerk has sent the certified 30 day notice. Since this annexation request is over 60 acres, the Townboard or the abutting municipality has 90 days to submit written objections to the annexation to the board and the annexing municipality. Referral Comments: Report Attachments: Staff Recommendation: The Townboard of Cascade Township met on April 2, 2001 to considered this annexation petition request. At that meeting, the Townboard voted to not object to the annexation of this property to the City of Rochester with the following comments: "The developer to request from the City of Rochester, a minimum of 5 years moratorium on annexation of the surrounded property owners unless they petition for annexation. Also, lift station to be sized for this property annexation only." 1. Rochester Public Utilities — Water Division 1. Location / Annexation Map 2. Referral Comments ( 1 letter) 3. Cascade Townboard Action Form 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 5. 1 - r u,_ we pledge, we deliver September 12, 2001 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Annexation #01-21 by Jerry Nelson to annex 198.21 acres of land located north of 65`4 St. NW along the east and west sides of TH 52. Dear Ms. Gamess: Our review of the referenced petition is complete and our comments follow: 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. This area is within both the Main Level Water System Area and the Northwest High Level Water System Area. a. The Main Level System is available for connection approximately 900' south of the easterly tract at Bandel Rd. NW and must be extended north to serve the lower elevations of that tract. The High Level System is available for connection approximately 700' west of the westerly tract at 651h St. NW and approximately 900' south of the easterly tract at Bandel Rd. 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 yours, 0614A P Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention McGhie & Betts, Inc. Jerry Nelson Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 :ITY OF ROCHESTER, MiNW',JTA f le- ,' / r DATE: April 2, 2001 T0: Rochester -Olmsted Planning Department APR 5 200' 2122 Campus Dr. SE Rochester, MN 55904 RE: Report of Action by the Townboard of Cascade Township on the Petition to Annex 211 ± acres in Section.. 4 to the City of Rochester, Minnesota. The Townboard of Cascade Township met on April 2 zoos (date) and considered the petition of Jerry Nelson (name) to annex the above referred property to the City of Rochester, Minnesota. At that meeting, the Townboard voted to-(edP t) (not object) to the annexation of this property to the City of Rochester, Minnesota. The Townboard also voted to make the following comments: The developer to request from the City of Rochester, a minimum of 5 years moritorium on annexationof of the surrounded property owners unless they petition for annexation. Also, lift station to be sized for this property annexation only. Sincerely, rk of Cascade Township Note to Townclerk: Please return the blue copy of this form to the Rochester -Olmsted Planning Department, 2122 Campus Dr. SE, Rochester, MN 55904. Distribution: Consolidated Planning (canary copy) Townboard (blue copy) Annexation: Form No. 1e Townboard Action on Petition Fa 1:7070-75 Pe.&W MINUTES OF THE CITY OF ROCHESTER PLANNING COMMISSION 2122 CAMPUS DRIVE SE — SUITE 100 ROCHESTER MN 55904 Minutes of the regularly scheduled meeting of the City Planning and Zoning Commission held on Wednesday, September 26, 2001, at 7:00 p.m. in the Council/Board Chambers of the Government Center, 151 4th Street SE, Rochester, MN. Members Present: Mr. Randy Slaver, Vice Chair; Mr. Michael Quinn; Mr. James Burke; Mr. John Hodgson; Mr. Ardell Brede; and Ms. Leslie Rivas Members Absent: Ms. Mary Petersson, Chair; Mr. Paul Ohly; and Ms. Lisa Wiesner Staff Present: Mr. Jeff Ellerbusch; Mr. Brent Svenby; and Ms. Jennifer Garness Other City Staff Present: None ADMINISTRATIVE BUSINESS: Mr. Burke made a motion to approve the minutes of September 12, 2001, as written. Mr. Brede seconded the motion. The minutes from September 12, 2001 were approved unanimously. Mr. Brede made a motion to approve the agenda, as written. Ms. Rivas seconded the motion. The motion carried unanimously. ANNEXATIONS: Mr. Brent Svenby presented the staff r o dated September 20, 2001, to the Commission. The staff report is on file at the Roc ster- sted Planning Department. Mr. Burke moved to recomrg4d approval ckAnnexation #01-19 by Donald Untledt. Mr. Quinn seconded the mots .`The motion ca ied 6-O.'- Annexation #01-21 by Jerry Nelson to annex approximately 198.21 acres of land located north of 651Street NW along the west side of T.H. 52 and north of Bandel North 1 Subdivision along the east side of T H 52. The property is located in a part of the South Half'/: Section 4 and the SW'/a. Section 4 of Cascade Township. Mr. Brent Svenby presented the staff report, dated September 21, 2001, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Mr. Quinn asked if the Commission was just approving the annexation, or approving the annexation along with the comments made by the Cascade Township Board. Page 2 City Planning and Zoning Commission Minutes Hearing Date: September 26, 2001 Mr. Svenby responded that they would be recommending approval to the City Council. Mr. Burke asked if the developer is requesting a five (5) year moratorium. Mr. Svenby responded no. He explained that the Cascade Town Board asked for a five (5) year moratorium. Ms. Rivas moved to recommend approval of Annexation #01-21 by Jerry Nelson. Mr. Hodgson seconded the motion. The motion carried 6-0. Mr. Staver explained that the Commission re ived a letter from Yaggy Colby Associates asking that Zoning District Amendment #01-11 an' G eral Development Plan #166 by Rodney Younge be tabled to a date unknown. He dica d that the applicant agreed to waive the 60- day review rule. He explained to the aud' nce tha hey would republish when the applicant wanted to be put on the agenda, as well s sending tification cards. Ms. Rivas suggested that the Commis ion open the pub ' hearing to hear those that attended. Mr. Slaver stated that staff was not ing to present the ap ' tions as they could change. He stated that they would have a futur meeting that the public h ring would be opened. A person from the audience q Mr. Svenby explained that the property lines. He further exp A person from the audience Mr. Svenby stated that they t Department, at 507-285-82 who would be notified. :ation distance from the site in q that they must notify at least 50 whom they could contact to get put on call Jennifer Garness, of the is 500 feet from the v owners. list. Planning REQUEST FOR COUNCIL ACTION MEETING /(a DATE: 10-15-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING Lf EM DESCRIPTION: Utility Easement Vacation Petition #01-12 by Lynn Sobek to PREPARED By: vacate the 5 foot utility easement along the east side of Lot 4, Block 2, Meadow Theresa Fogarty, Hills Second Subdivision. The property is located at 502 SW 241b Street. Planner October 10, 2001 Planning Department Recommendation: See attached staff report dated October 10, 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 October 10, 2001. Ap Distribution: 1. City Administrator 2. City Clerk 3. City Attorney: Copy of legal description is attached 4. Planning Department File 5. Applicant: This item will be considered by the Council sometime after 7:00 p.m. on Monday, October 15, 2001, in the Council/Board Chambers at the Government Center, 151 4th Street SE. COUNCIL ACTION: Mo5on by: second by: to: (\j 0 co ante of all necessary over- L0 rr) i rights to conduct drainage 8802 3135�� 2 R`133p0 49.40 c "3 - IO UTILI Y EASE NIE T IC70 .: I 1tv 39 N 2 — o� • 106 6G (� fn r~7 ro 88-23'35" 263.00 20� 0p0 —� STREET S.W. 00 .v 0P�\5— IN, 23.00 80.00 80.00 80.00 op O ti> r--— O "j. O O --------—----------- O— — Or u D �0 a ;o 0 w Lu 2 Q 0 0 u� 2 - Lu r ' 33 33 U ' o -N r "M r n •I`7 n 2 ro 3 r�i > 4 t•'1 N W. 1. l0 rn N N N O Colni °Co M ro ' Co o m o m e coF.. r to _ F— IO'UTILITY 61 _ — In 33.00 33,00 EASEMENT= '--90.00--1-----B0.o0 .00� 12,IBLJC I 2690 23' 35" !4/TS S IST SUBD. N UNE MEADOW HILLS VIIS10N 66 — a: JM• C • . ro uN M 'he office of the County Recorder forSEP 2 1� o'clock hi. '- '1 ted Cou1 Recorder - .: I. C J • ROCHESTER-OLNISTED PLANNING DEPARThIENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 CC Y x„ OF www.olmstedcounty.coMplanning TO: City Council FROM: Theresa Fogarty, Planner DATE: October 10, 2001 RE: Utility Easement Vacation Petition #01-12 by Lynn 5 foot utility easement along the east side of Lot 4, Hills Second Subdivision. The property is located Planning Department Review: Petitioner(s): Lynn Sobek 502 SW 24th Street Rochester, MN 55902 UF. xUCHESTER•3,Iyd'F. c� r� mil' •••,y 'i TEn.aUGti�T. Sobeck to vacate the Block 2, Meadow at 502 SW 24Ih Street. Reason to Vacate: The petitioner is requesting to vacate the portion of the 5' utility easement located along the east side of Lot 4, Block 2, Meadow Hills Second Subdivision allowing the construction of a retaining wall to assist with supporting the foundation of an existing garage. Referral Comments: Report Attachments: Staff Recommendation: 1. No objections were received by the referral agencies. 1. Vacation Petition 2. Location Map Upon review of this request and the referral agencies having no objection, staff recommends approval of vacating the 5' utility easement along the east side of Lot 4, Block 2, Meadow Hills Subdivision. BUILDING CODE 5071285-8213 • GISIADDRESSINGIMAPPING 5071285-8232 • HOUSING/HRA 507/285-6224 PLANNING20NING 507/285-8232 - WELUSEPTIC 507/285.8345 FAX 5071287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER City of Rochester, Minnesota !^ Date: q' 2-( "0 i To: Mayor and Common Council City Hall City of Rochester, Minnesota Petition to Vacate Public Right -of -Way or Utility Easement We, the undersigned, are the owners of the following described property located within the city of Rochester, Minnesota, and we constitute 50% or more of the owners of the property on the line of the public property herein described to be vacated: (Describe here or attach a separate list showing the legal description and full ownership of each adjoining parcel.) Owners Name (If in joint tenancy, both or all parties must sign) Leaal Description LO k . 57 OC L Z 'rI P nA 4 i Sec-cy-A 5.�6 �,\ V � 5 We hereby petition the Common Council of the City of Rochester, Minnesota, to vacate the following described public property: The facts and reasons for such vacation are as follows: i. ter. 2. 3. Fp 01920-M Page 1 of 2 f a. Your Petitioner respectfully requests that such proceedings as shall be necessary to accomplish this vacation be instituted as soon as possible. Note: In cases where the property Signature of Petitioner Address is owned in joint tenancy, (Husband and wife, etc.) both owners must sign the Signature of Petitioner Address petition. Signature of Petitioner Address Signature of Petitioner Address State of Minnesota Signature of Petitioner Address County of 01 r.Saej On this 2-15 day of (}�.\CP,/ I -2cx-) I , before me, a Notary Public within said County personally appeared L� n - rl . '-_-)n�o C (r to me personally known to be the persons described in and who executed the foregoing instrument and acknowledged said instrument to be (his) (her (their) free act and deed and that the facts set forth therein are true and correct to the best of (his) er) (their) knowledge. r---- Distribution: Notary Pubm Minnesota nY;i UPM Sa 31,20m City Clerk (white copy) Consolidated Planning (canary copy) Petitioner (goldenrod copy) Notary Public, Olms%d County Minnesota 1 — 1)1_W Date My Commission Expires TFSEP 2 1 200i Vacating Streets, Alleys, And Utility Easements: Form Number 1 Petition to Vacate Public Right -of -Way or Utility Easement r Fart .CP39 Sheet 2 of 2 Revised W17/e0 REQUEST FOR COUNCIL ACTION MEETING/27. DATE: 10-15-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS — Continued Item PLANNING z�" Q :M DESCRIPTION: Vacation #99-13 by Dan Meyer and Mary Kay Thomas to vacate the PREPARED BY: foot utility easement along the common lot lines of Lots 14 and 15, Block 2, The Brent Svenby, Aspens, and the 5 foot utility easement along the south lot line of Lot 15. The properties Planner are located on the end of Aspen Lane SW, east of Highland Court SW. October 11, 2001 The Council continued this item because of a grading violation which took place on the property. The violation caused some problems on the adjacent property. The petitioner and adjacent property owner have contacted the City Public Works Department to say that they have reached an agreement to have the grading violation matters cleaned up. Planning Department Recommendation: See attached staff report dated September 27, 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 September 27, 2001 Distribution: 1. City Administrator 2. City Clerk 3. City Attorney: Copy of legal description is attached 4. Planning Department File 5. Applicant: This item will be considered by the Council sometime after 7:00 p.m. on Monday, October 15, 2001, in the Council/Board Chambers at the Government Center, 151 Street - 14th ��SE. ��,rU'�� l� /� re✓isecl c�z�c 11 �rj .� r�cl'"3��r -1,ti1 ` rP roitJ P, 'or {r (1Sct4trn� F c,� ,> UNCIL ACTION: Motion by Second by: to: Vacation #99-13 Dan Meyer & Mary Kay Thomas 200' Notification Distance Ward 2 Marcoux 09/13/01 �� ,� 1 set � ,� ►��' �;�. 'Q>`�B/ �„ 3 416t II ]Ij 1 •'QPl n 11509 i .SBB°43C7 f ' //5Q➢ M � B3 a/°G%JJ i; ij t, .• g, �.�°5�5 �a s,�� 4�i�y� � u F—MI?9 _ 1 s a 72R7— —&— i 1`• "". I gl �o � � � . 8 � �savaw�•e � � ` o sa' 80/,3 7? i 80 6 VINUMN siaqjam --a Uor 4 1M1 HMHDVV 3AUVAONNi LIJ CD V C\j 00 U m M -j U) Lo U.J a_ V) cn < LLJ C) 77—r--, 1301 `3 1� ROLHESTER-OLNISTED PLANNING DEPAKI MENT ., Ric"ESrER:'.,F 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 �`,• ' f c c a e r r a F www.olmstedcounty.com/planning ��.• ,' ..', TO: City Planning and Zoning Commission FROM: Brent Svenby, Planner DATE: September 27, 2001 RE: Vacation #99-13 by Dan Meyer and Mary Kay Thomas to vacate the 10 foot utility easement along the common lot lines of Lots 14 and 15, Block 2, The Aspens, and the 5 foot utility easement along the south lot line of Lot 15. The properties are located on the end of Aspen Lane SW, east of Highland Court SW. This item was previously continued indefinitely at the City Council's October 18,1999 meeting. Planning Department Review: Petitioner(s): Dan M er 1303 3 Avenue SW #3 Rochester, MN 55902 Mary Kay Thomas 1303 3td Avenue SW #1 Rochester, MN 55902 Property Description: The property is described as Lots 14 and 15, Block 2, The Aspens. These are vacant lots. Reason to Vacate: The petitioners are requesting the vacation of a 10- foot utility easement that runs along the common lines of Lots 14 and 15, as well as the vacation of a 5-foot utility easement that runs along the south line of Lot 15, in order to avoid any future encroachment upon these easements. Report Attachments: 1. Location Map 2. Parcel Map 3. Approved Grading Plan 4. Original Staff Report 5. Minutes of the October 18, 1999 Council Meeting Staff Review and Recommendation: BUILDING CODE 5071285-8213 • GIS/ADDRESSING/MAPPING 5071285-8232 • HOUSING/HRA 507/285-8224 ,.vsae.w PLANNING20NING 5071285-8232 • WELUSEPTIC 507/285-8345 FAX 507/287-2275 AN EQUAL OPPORTUNITWAFFIRMATIVE ACTION EMPLOYER Vacation 99-13 Lots 14 & 15, Block 2, The Aspens 09/27/01 This vacation petition was originally schedule before the City Council on October 18, 1999. At that time, the applicant requested that the petition be continued until such a time that the City approved a grading and drainage plan for the property. A grading and drainage plan was approved by the City Public Works Department on July 18, 2001. Staff recommends approval of the vacation petition subject to the following condition: 1. If the construction is different than the currently approved grading plan, a revised detailed grading plan shall be approved by the City of Rochester Public Works Department prior to the issuance of building permits. PW a a TO: Rochester City Council FROM: Sandra Goslee, Planner A DATE: September 15, 1999 Ase.rls+fit,■■+tA +�i■��n'ieiiCii� ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 ADMINISTRATION/ 507/285-8232 PLANNING GIS/ADDRESSING/ 507/285-8232 MAPPING HOUSING/HRA 507/285-8224 BUILDING CODE 5071285-8213 WELLISEPTIC 507/285-8345 FAX 507/287-2275 RE: Vacation Petition # 99.13 by Dan Meyer and Mary Kay Thomas to vacate the 10- foot utility easement along the common lines of Lots 14 and 15, Block 2, The Aspens, and the 5-foot utility easement along the south line of Lot 15. The properties are located on the end of Aspen Lane SW, east of Highland Court SW. Planning Department Review: Petitioners: Dan M er 1303 3 Avenue SW #3 Rochester, MN 55902 Mary Kay Thomas 1303 3"Avenue SW #1 Rochester, MN 55902 Property Description: The property is described as Lots 14 and 15, Block 2, The Aspens. These are vacant lots. Reason to Vacate: The petitioners are requesting the vacation of a 10-foot utility easement that runs along the common lines of Lots 14 and 15, as well as the vacation of a 5-foot utility easement that runs along the south line of Lot 15, in order to avoid any future encroachment upon these easements. Referral Comments: 1. RPU Operations Division 2. RPU Water Division 3. Rochester Public Works 4. Planning Department — Wetlands 5. US West Report Attachments: 1. Location Map 2. Parcel Map AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Vacation #99-10 Is July 21, 1999 Staff Review and Recommendation: 40 / Because the utilities serving Lots 14 and 15 run through the utility easements located along the front lines of these lots, the petitioners request that their common 10-foot utility easement and the 5-foot utility easement running along the south line of Lot 15 be vacated. They ask this to avoid any future encroachments on these easements. While Rochester Public Utilities and US West have noted that they have no objection to this matter, the Rochester Public Works Department has voiced concerns about this proposal. They state that there is a history of surface water drainage problems in this area resulting from The Aspens subdivision and these lots in particular. As a result, they believe that these easements may be needed in the future for drainage purposes. Public Works, therefore, requests that a detailed site grading/drainage plan that addresses and alleviates the historic surface water drainage problems should be submitted to Public Works for review prior to approval of this request. The Planning Staff supports Public Works' request and recommends that this application be tabled until the requested detailed site grading/drainage plan is reviewed by City staff. RtCHESTE� Minnesota 9/15/99 TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur l3 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 a Vacation Request #99-13 by Dan Meyer and Mary Kay Thomas. The following are the Public Works comments on the proposal: 1. There has been a history of surface water drainage problems resulting from the Aspen's Subdivision, and this lot in particular. Public works can not support the vacation request based on the information which has been received. Based on the past drainage problems, the utility easements may be needed in the future for drainage purposes. 3. A detailed site grading / drainage plan which addresses and alleviates the historic surface water drainage problems should be submitted to Public Works for review prior to approval of this request. C:%TEMPIVAC9913.doc vnu Ur Ut-HUUAL rhUUttJMN '- f [HE COMMON COUNCIL 5714 CITY OF ROCHESTE! INNESOTA Ren filar Adjourned Meeting No 22 — nrtnhar 1 A I qqq Agenda Item D-17 dopted Resolution No. 645-99 entering into an Asses/ee Agreement with star, a Limited Partnership, and Schoenfelders Sc, Inc. for Projec o. 971 9 (J-9577) "Sanitary Sewer and Watermain Extto Serve 22n venue S.E., 2 Avenue S.E., 25th Avenue S.E., and 26th A.E., SouthPinewoo oad SE.; Fairview Court S.E. North of PinRoad S. and inPinewood S.E, from Fairview Court S.E. to a Poiof 30t venue S.E. to Serve a Re nce Located at 3020 Pinewood RoadD-18 Approved amendm s to RCO Chapter 70 Concrete Sriveways, Curbs and Gutters, defining uirements of and for the contrsetting bonds and license fees by resolutio nd instruct the City Attomeypare the required ordinance for adoption. 0-19 Approved amendments to RCO apter 71 Curbs urb Cuts and Driveways to reference "approved specifications d establi g fees by resolution, and to Chapter 72 Maintenance and Repair ide s, to require notice by certified mail and authorizing work to be done by staff ssessed by the Common Council and instructed the City Attorney to prepa required ordinance for adoption. D-20 Approved amendments to RCO /Chr76 Su isionand Control of Sewers defining permit requirements anishing ins nce and license fees by resolution and instruct the City to prepare required ordinance for adoption. D-21 Adopted Resolution No. 6-99 authorizing payment of S I mental Agreement #2 in the amount of $ 4.00 for Project No. 6248-4-97 (J- 16) "Basic Construction in 48'" eet N.W., from 31"Avenue to 1550 fee est". D-22 I Adopted Resol n No. 647-99 adding Paragraph (2.4) to Sectiork"Passenger and Commo4f Loading Zones" of the Comprehensive Traffic and king Resolution ok, to read: A) First Avenue S.E.1400 Block on the west side of the street, pace on the side of the premise known as Amalgated Audi, #40 4'" ree S.E., all times, 15-minute limit. D-23/thdolp.tedResolutionNo. 648-99 authorizing the transfer a surplus of $75,096 from general fund to the CIP account J-2091, Purchase of Buses. Ayes (7), Nays (0). Motion carried. A Continued Hearing on Vacation Petition #99-13by Dan Meyer and Mary Kay Thomas to vacate 10-foot utility easement along common lines of Lots 14 and 15, Block 2 and 5-foot utility easement along south line of Lot 15. The applicants have asked that this item be continued indefinitely due to the unavailability of a contractor to fulfill the required grading and drainage information. Councilmembers Senjem moved, Stobaugh seconded, to table Vacation Petition �._ ORD OF OFFICIAL PROCEEDING F THE COiNIMON COJJNCIt J-("r CITY OF ROCHESTESINNESOTA 1-t'' Regular Adicurned Meeting No. 22 — October 18 1999 5 715 Agenda Item #99-13 by Dan Meyer and Mary Kay Thomas for an indefinite period of time. Ayes (7), Nays (0). Motion carried. A Tabled Hearing on Land Use Plan Amendment #99-4 by Klaxon Properties, Inc. on p\the ty located on the north side of 2n4 St/ee ., just west of TH Courtembers Marccux moved, Stobaugh sd, to remove t tem from the tAyes (7}, Nays (0). Motion carried. Wiso heard was Tim Trimble, Klaxon ies, St. is Park. Mr. Trimgain Id that Council they are willing for on alf the cost of a traffal at ' her the 190 or 23' Avenue itions allow for the greater flowffic ont econd Street from their pre o informed the Council c anotossible a mative that was just put tr th the Shorewooddevs. It woul flow a hookup with FirstW. and allow neighbors to comugh the Sho ood development to 23'a Avenue. Mr. Trimble saidthey have tried meet the neighborncerns of another access othe18o or 19th Ave es. Wishing to be heard was le ale, 1835 stStreet S.W. Mr. Hale told the Council that the streets in the a are to in to handle the traffic. There is a great need for a stop light at eithe 19" 2no Avenue intersection with Second Street S.W. Wishing to be heard was Gerald H 9 1go Avenue N.W. He is opposed to the project due to the increased traffi Mr. Imes stated that the traffic will come down the shortest and straighte route of N Avenue. Wishing to be heard was Sc Moon, 1811 and Street S.W. with Sargents Nursery. He was concern about the increas in traffic and the potential loss of parking near their busine . Traffic could be a blem over the next two years until the traffic signal is " talled. Wishing to be heard s Steven Dobson, 122 181h A nue S.W. Mr. Dobson thanked Klaxon for orking with the neighbors. He st d that there had to be another entrance er than 1 go or 20'" Avenue to han the traffic. Wishing to be and was Barb Olson, 7 18o Avenue S.W., ting the opposition by most of the n hbors. She also noted that everyone walks the neighborhood and they will a unable to do so with the increased traffic. Wishing t e heard was Dale Eckert, 1820 West Center Street. r. Eckert express his concern about the number of children in the neighb ood. They curren have only a small park and have to cross 190 Avenue to g ' access. He also id that the disabled individual in the neighborhood will be unab to use the stye to walk in. Wi ing to be heard was Matt Olson, 7 18o Avenue S.W. He asked if the ncil had looked at the 16 acres of property that the project is to be placed on and Kvenvold, Steve From: Kramer, David Sent: Friday, October 12, 2001 8:25 AM To: Kvenvold, Steve Subject: Vacation Petition, lots 14 and 15, Block 2, The Aspens Stevan I would recommend the vacation be approved with the following condition: "A revised detailed grading plan shall be approved prior to issuance of any building permits on the lots." David Kramer rpu air p6,dye, we deliver 507/280-1579 September 10, 1999 TO: Suzanne LaPalm, Planning Department FROM: Michael J. Engle, Supv. of Distribution Design Rochester Public Utilities SUBJECT: Vacation Petition #99-13 by Dan Meyer and Mary Kay Thomas to vacate the 10 foot utility easement along the common lot lines of Lots 14 and 15, Block 2, The Aspens, and the 5 foot utility easement along the south lot line of Lot 15. The properties are located on the end of Aspen Lane SW, east of Highland Court SW. RPU's Operations Division has reviewed this preliminary plat and has no objections. Sincerely, Michael J. Engle ks Rochester Public Utilities, 4000 East River Road NE, Rochester, MN 55906-2813 telephone 507.280.1540 facsimile 507.280,1542 rpu lqo ive pledge, we deliver September 8, 1999 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Vacation Petition #99-13 by Dan Meyer and Mary Kay Thomas to vacate the 10' utility easement along the common lot lines of Lots 14 and 15, Block 2 The Aspens and the 5' utility easement along the south line of Lot 15. Dear Ms. LaPalm: Our review of the referenced petition is complete and we have no objections. Please contact us at 507-280-1600 if you have any questions. Very truly your s, 06441� Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mike Nigbur, City Public Works Lyle Felsch, Fire Prevention Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DRIVE SE ROCHESTER, MN 55904 FAX (507) 287.2275 Date: September 3, 1999 To: Agencies Indicated Below From: Suzanne LaPalm, Planning Department Subject: Vacation Petition #99-13 by Dan Meyer and Mary Kay Thomas to vacate the 10 foot utility easement along the common lot lines of Lots 14 and 15, Block 2, The Aspens, and the 5 foot utility easement along the south lot line of Lot 15. The properties are located on the end of Aspen Lane SW, east of Highland Court SW. This application is scheduled for consideration by the City Council on September 20, 1999, at 7:00 p.m. in the Council/Board Chambers at the Government Center, 151 4" Street SE. In order for the Planning Department to prepare a thorough review of this application, we would appreciate receiving your comments by September 14• 1999. You may also appear at the meeting if you so desire. If you have comments, In addition to forwarding them to the Planning Department please send a copy to: Dan M! rer 1303 3 Avenue SW #3 Rochester MN 55902 Mary Kay Thomas 1303 Yd Avenue Sw #1 Rochester MN 55902 Your cooperation and assistance is greatly appreciated. City Agencies 1. Public Works Richard Freese 2. Fire Department Lyle Feisch 3. Crime Prevention Robert Miller, Gov.Center 4. RPU Operations Division Mike Engle 5. RPU Water Division Donn Richardson 6. Park & Recreation Denny Stutz 7. Building Safety Don Wee$ 8. City Attorney Dave Goslee 9. Downtown Dev. Dist Doug Knott 10. City Administration Terry Spaeth 11. Jetty Dooley Neighboorhood Organizer 12. Transportation Planner 13. John Hanford, Planning Dept. County Agencies Other Agencies 14, Health Department 17. School Board Rich Peter Eadene Wickre 15. Public Works 18. Peoples Natural Gas to. GIs Division Paul Curry 10, u5-West USW A-S fvo Dean Erdmann ob ez. i p„ S 20. Bresnan Communfig rh r i ions Hr 21. MN DOT Vct r Steve Alderson A 22. Post Office Supervisor 23. MN DNR Jim Cooper 24. SWCD 25. Peoples Coop Rick Wellik or �f 717/ff NOTE: CITY PUBLIC WORKS DEPARTMENT, CITY ENGINEER: PLEASE INDICATE IF THE STREET IDENTIFICATION IS CORRECT IF THE ATTACHED 13 A PLAT. REQUEST FOR COUNCIL ACTION AGENDA SECTION: ORIGINATING DEPT: PUBLIC HEARINGS CITY ADMINISTRATOR DESCRIPTION: PUBLIC HEARING FOR ESTABLISHMENT OF AN ECONOMIC DEVELOPMENT AUTHORITY MEETING l DATE: 10/15/01 " ITEM NO. PREPARED BY: G. NEUMANN The attached memo from Dale Martinson provides information on this matter. In brief form, development and redevelopment activities that are undertaken in communities typically fall under two sets of State authority; one for cities and one for Housing and Redevelopment Authorities. In some cases involving the issuance of bonds or how property can be owned and treated, the HRA authority is broader than the authority under city development authority. It has been that way for many years. A number of years back the legislature provided authority for cities to create an Economic Development Authority under which cities that may not have had a city HRA or may have had a countywide HRA could then exercise and utilize these broader development provisions that have been available to HRA's. When development activities are to be undertaken by the City for a specific project, the City staff checks with legal counsel on development matters to determine the best and most appropriate approach. In a number of instances over the years it has been brought to the staff s attention that the same objectives may have been able to be reached in a more simple fashion under the HRA or EDA statutes. Typically there were alternative approaches under city development authority provisions and we used the authorizations that were available to us and it was not a big problem. Instances can arise, however, such as the example provided in the Finance Director's memo, in which the issuance of bonds for the RPU steam project with Mayo would be significantly •better under the EDA statutes. This is the best example to date of why the City Council should go through the procedure to secure EDA authority in addition to the development authority that it already has. This office is recommending that the City Council adopt a resolution to establish an EDA to be comprised of the Rochester City Council. Under that approach the City Council will still have full control and oversight of any development or redevelopment decisions just as it does now. This broadening of the Council's authority is consistent with the State laws and would provide the Rochester City Council with the same authority that already exists in many cities in Minnesota which either have a City HRA or and EDA. With the recent reductions in the ability of tax increment financing as a development and redevelopment tool, there is an increased need for the City to have the most comprehensive development tools that the State provides authority for to be available to the City of Rochester. The Council is also requested to adopt by-laws for the EDA. There are two items to note in the resolutions establishing the EDA and the by-laws. The actions taken by the EDA will also require the approval of the City Council. While this requires a duplication of effort, this is necessary if we wish to have the provisions of the Charter relating to the veto provisions of the Mayor's office apply. This office believes that this appropriate as we are not, through the EDA vehicle, trying to change the authorities provided in the charter for decisions on major development projects. Second, officers of the EDA need to be specified and appointed annually. This office would suggest that three of the five officers be as follows: EDA President — City Council President John Hunziker; Secretary — City Clerk; Assistant Treasurer — Finance Director. The Council President and the Council will need to appoint a Vice -President and a Treasurer from among the members of the Council. CIL ACTION: Motion by: Second by: to: EDARCA page 2 10/15/01 J il. Adopt Prepared Resolution to establish the Rochester Economic Development Authority to be comprised of the seven members of the City Council and conferring upon it all of the same powers that EDA's have under law. //2. Adopt Resolution organizing the Rochester Economic Development Authority and making the appointments of the five officers as required in the by-laws. DATE: TO: FROM: SUBJECT: FINANCE DEPARTMENT MEMORANDUM September 10, 2001 Stevan Kvenvold, City Administrator Dale Martinson, Director of Finance Request to Proceed with Establishment of City EDA I am requesting the City establish an Economic Development Authority, or EDA with the members all being comprised of the City Council members. We have, on several previous occasions, looked at this option for various developments we were working on, but found other options that worked at the time. I believe it is important to have one in place for both immediate and future development reasons. An EDA essentially has two benefits. One, it provides the powers of both the Development Law and the HRA law in one authority, and two, it creates a second legal entity through which certain financing and property ownership can exist. As long as Council retains complete control by requiring all members be the City council members, it provides significant flexibility and efficiency to complete development activity as the council wishes. My latest desire for the establishment of an EDA is due to the need to finance the RPU/Mayo steam project. Our bond counsel has just opined that this project does not fit the definition of an RPU electric utility revenue bond. The financial advisor has suggested various alternatives, but the most saleable in the bond market might be one whereby a City EDA issues revenue bonds and the City pledges annual payments (presumably from revenues received through Mayo's steam payments) to the EDA for payments. Since Mayo is the City's largest employer, an economic development revenue bond would be an easy sell to the bond market. Gary Neumann noted other situations have previously arisen in which an EDA was considered as a potentially better development option. For example, we had discussed needing an EDA if we were to need to back apartments at the Silver Lake Motel property now that the county controls the HRA. Our bond attorney explains that establishing such an entity would take approximately a month with the publishing of a notice in the paper twice and an ordinance adoption. I would like to discuss this option with you and the Council at your earliest convenience so that we can start putting plans together for the RPU/Mayo steam financing as soon as possible. qEr BYLAWS OF THE ROCHESTER ECONOMIC DEVELOPMENT AUTHORITY ARTICLE I - THE AUTHORITY Section 1. Name of Authority. The name of the Authority shall be the "Rochester Economic Development Authority" (which may sometimes be referred to as the "EDA" or the "Authority"), and its governing body shall be called the Board of Commissioners (the 'Board"). The Board shall be the body responsible for the general governance of the Authority and shall conduct its official business at meetings thereof. Section 2. Seal of Authority. The Authority shall have an official seal, as required by Minnesota Statutes, Section 469.096, Subdivision 1. Section 3. Office of Authority. The offices of the Authority shall be the Rochester City offices. ARTICLE II - OFFICERS Section 1. Officers. The officers of the Authority shall be a President, a Vice - President, a Treasurer, an Assistant Treasurer, and a Secretary. The President, the Vice - President, and the Treasurer shall be members of the Board and shall be elected annually, and no Commissioner may be both President and Vice -President simultaneously. The Assistant Treasurer and the Secretary need not be members of the Board. Section 2. President. The President shall preside at all meetings of the Board. Except as otherwise authorized by resolution of the Board, the President and the Secretary (the Vice -President, in the Secretary's absence or incapacity) shall sign all contracts, deeds, and other instruments made or executed by the Authority, except that all checks of the Authority shall be signed by the Treasurer and Assistant Treasurer. At each meeting the President shall submit such recommendations and information as he or she may consider proper concerning the business, affairs, and policies of the Authority. Section 3. Vice -President. The Vice -President shall perform the duties of the President in the absence or incapacity of the President; and in case of the resignation or death of the President, the Vice -President shall perform such duties as are imposed on the President until such time as the Board shall select a new President. Section 4. Secretary. The Secretary shall keep minutes of all meetings of the Board and shall maintain all records of the Authority. The Secretary shall also have such additional duties and responsibilities as the Board may from time to time and by resolution prescribe. Section 5. Treasurer. The Treasurer shall have the care and custody of all funds of the Authority and shall deposit the same in the name of the Authority in such bank or banks as the Board may select. The Treasurer and Assistant Treasurer shall sign all orders and checks for 13345050 / r 6 the payment of money and shall pay out and disburse such moneys under the direction of the Board. The Treasurer shall keep regular books of accounts showing receipts and expenditures and shall render to the Board, at least annually (or more often when requested), an account of such transactions and also of the financial condition of the Authority. The Assistant Treasurer shall act as the Treasurer's agent and assistant to perform the above -described duties, subject to the Treasurer's approval thereof. Section 6. Additional Duties. The officers of the Authority shall perform such other duties and functions as may from time to time be required by the Board or the bylaws or rules and regulations of the Authority. Section 7. Vacancies. Should the office of President, Vice -President, Treasurer, Assistant Treasurer, or Secretary become vacant, the Board shall elect a successor at the next regular meeting, or at a special meeting called for such purpose, and such election shall be for the unexpired term of said officer. Section 8. Additional Personnel. The Board may from time to time employ such personnel as it deems necessary to exercise its powers, duties, and functions. The selection and compensation of such personnel shall be determined by the Board. ARTICLE III - MEETINGS Section 1. Regular Meetings. The regular meetings of the Board shall occur according to a meeting schedule, if any, adopted or revised from time to time by resolution of the Board. Section 2. Special Meetings. Special meetings of the Board may be called by the President or any two members of the Board for the purpose of transacting any business designated in the call. The call for a special meeting may be delivered at any time prior to the time of the proposed meeting to each member of the Board or may be mailed to the business or home address of each member of the Board at least two (2) days prior to the date of such special meeting. At such special meeting no business shall be considered other than as designated in the call, but if at least four members of the Board are present at a special meeting, any and all business may be transacted at such special meeting. Notice of any special meeting shall be posted and/or published as may be required by law. Section 3. Quoru.m. The powers of the Authority shall be vested in the Board. Four Commissioners shall constitute a quorum for the purpose of conducting the business and exercising the powers of the Authority and for all other purposes, but a smaller number may adjourn from time to time until a quorum is obtained. When a quorum is in attendance, action may be taken by the Board upon a vote of a majority of the Commissioners present. Section 4. Order of Business. At the regular meetings of the Board the following shall be the order of business: 1. Roll call. 2. Approval of the minutes of previous meeting. 1334505v1 2 3. Bills and communications. 4. Reports. 5. Unfinished business. 6. New business. 7. Adjournment. All resolutions shall be written or transcribed and shall be retained in the journal of the proceedings maintained by the Secretary. Section 5. Adoption of Resolutions. Resolutions of the Board shall be deemed adopted if approved by not less than a simple majority of all Commissioners present, unless a different requirement for adoption is prescribed by law. Resolutions may but need not be read aloud prior to vote taken thereon and shall be executed after passage by the President and attested by the Secretary. Section 6. Rules of Order. The meetings of the Board shall be governed by the most recent edition of Robert's Rules of Order. ARTICLE IV - MISCELLANEOUS Section 1. Amendments to Bylaws. The bylaws of the Authority shall be amended only by resolution approved by at least three of the members of the Board. Section 2. Fiscal Year. The fiscal year of the Authority shall coincide with the fiscal year of the City of Rochester. Adopted on October 15, 2001. 1334505YI REQUEST FOR COUNCIL ACTION MEETING f (/ DATE: 10/15/0 AGENDASECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS CITY ADMINISTRATOR /—_ /� r-id DESCRIPTION: Establishment of Development District # 21 and Tax Increment PREPARED BY: Financing District # 21-1 for the Valley Side Estates Single Family Housing Project T.SPAETH As part of "First Homes" program, the City has agreed to provide tax increment financing assistance for the purpose of providing a number of affordable owner occupied single family dwelling units in the City. One of the developments selected for participation in the "First Homes" program is the Valley Side Estates Subdivision. The developer had previously obtained approval for TIF assistance upon 50 lots in Valley Side Estates Subdivision. Only 32 of the lots were platted at the time that the Olmsted County Auditor was required to certify the TIF District, earlier this year, so the developer has not utilized 18 of the 50 lots that were previously part of TIF District # 18-1. At this time, the developer is proposing to re-establish the TIF District on the 18 lots that were previously not certified, along with an additional 6 lots, for a total of 24 lots proposed for TIF assistance. The proposed tax increment financing district is set up wherein eligible homebuyer will be required to meet required income limitations such that the TIF district will be a "qualified" TIF district. COUNCIL ACTION REQUESTED: Adopt the resolution approving the Development District # 21 and Tax Increment Financing District Plan # 21-1 Lea, 4ya4A6 dfC ;k . t,utJNCILACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 10/15/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Reports & Recommendations: CITY ADMINISTRATOR —A DESCRIPTION: Amended and Restated Development Assistance Agreement with PREPARED BY: Lumber One, Avon Inc, for Valley Side Estates Subdivision T.SPAETH In 2000, a Development Assistance Agreement between the City of Rochester and Lumber One, Avon, Inc. was executed. The Agreement related to the provision of TIF assistance by the City upon 50 lots located in the Valley Side Estates Subdivision. At the time the TIF District was required to be certified by the Olmsted County Auditor, the platting of only 32 of the 50 lots had been completed, and therefore the TIF District certification consisted of only those 32 lots. In order to be consistent with the certified TIF District, an amended and restated Development Assistance Agreement with Lumber One, Avon Inc. has been prepared for execution. This Agreement indicates assistance being provided upon only the 32 lots certified as part of TIF District # 18-1. COUNCIL ACTION REQUESTED: Council authorization for the execution of an amended and restated Development Assistance Agreement with Lumber One, Avon Inc. by the Mayor & City Clerk for the Valley Side Estates Tax Increment Financing project (.wvNCIL ACTION: Moeon by: second by: to: REQUEST FOR COUNCIL ACTION MEETING Ps �/ DATE: 10/15/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Reports & Recommendations: CITY ADMINISTRATOR t M DESCRIPTION: Development Assistance Agreement with Lumber One, Avon Inc. for PREPARED BY: the single family home construction in Valley Side Estates Subdivision T.SPAETH A Development Assistance Agreement between the City of Rochester and Lumber One has been prepared for the construction of owner occupied single family dwellings on 24 lots located in Valley Side Estates Subdivision. The Council previously approved establishment of a tax increment financing district in this subdivision. The major points within the Development Agreement are as follows: Responsibilities of the Builder: The builder is responsible for the construction of 24 single family owner occupied homes on the 24 lots within the TIF district. Commencing of construction activities is to take place by November 1, 2001 and be substantially completed by November 1, 2004. The homes must be sold to an eligible homebuyer that meets both the "First Homes" eligibility requirements, along with the City's income eligibility requirements to ensure that the TIF district remains a "qualified" housing district. City's Responsibility: The Council has agreed to provide a total of $240,000 in assistance. The assistance is to be provided "up front", and by that I mean that the City will pay Lumber One $ 10,000 / lot (total $240,000) at the time that Lumber One sells the completed home to an eligible homebuyer. COUNCIL ACTION REQUESTED: Council authorization for the execution of a Development Assistance Agreement with Lumber One, Avon Inc. by the Mayor & City Clerk for the Valley Side Estates Tax Increment Financing project WuNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING IS-1 DATE: 10/15/01 AGENDA SECTION: `SOLUTIONS AND ORDINANCES ORIGINATING DEPT: CITY ATTORNEY'S OFFICE M NO. -M DESCRIPTION: EPARED BY: EG RESOLUTIONS AND ORDINANCES RRY KINS G. 1. RESOLUTIONS G. 2. FIRST READING OF ORDINANCES, as appropriate. G. 3. SECOND READING OF ORDINANCES (for adoption). None Scheduled. G.4. MISCELLANEOUS LwwNCIL ACTION: Motion by: semnd by: to: