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HomeMy WebLinkAbout11/05/2001_RegularCITY OF ROCHESTER COUNCIL AGENDA COUNCIUBOARD CHAMBERS GOVERNMENT CENTER 151 4T" STREET SE MEETING NO. 22 November 5, 2001 Regular Adjourned 7:00 P.M. PAGE 1 A) OPEN COMMENT PERIOD B) CALL TO ORDER C) LETTERS AND PETITIONS 2-3 1. Petition for Extension of Sanitary Sewer — Thein Property and Estate Sections 8 and 9 of Marion Township. D) CONSENT AGENDA/ORGANIZATIONAL BUSINESS 1. Approval of Minutes 5-6 2. Appointment to Rochester Civic Music Board 7-16 3. Findings of Fact & Conclusions of Law Related to Road Constructors Inc. Status as a Responsible and Reliable Bidder for Future City Contracts 17 4. Settlement Agreement in Kenneth Middendorf v. City of Rochester Concerning Worker's Compensation Benefits 18 5. Amend Certain Provisions of the Rochester Code of Ordinances to Make the Fine Amounts Consistent With State Law 19-21 6. Licenses, Bonds & Miscellaneous Activities 22 7. Accounts Payable 23 8. Authorization to Complete Assessment of GASB 34 Impact 24 9. Resolution Accepting the Offer of the Minnesota Public Facilities Authority to Purchase a $2.5 Million GO Sales Tax Revenue Note of 2001 25-32 10. City Ordinance 106.A.18, 106A.21 Amendments 33-41 11. Consideration of Public Utility Board Action 42 12. Sole Source Procurement of Equipment: Sanitary Sewer Flow Monitoring Equipment 43 13. Professional Services for Rose Harbor Regional Stormwater Pond (J- 9868) 44 14. Removal of Traffic Semi-diverter 26t' Street & Northern Viola Lane NE 45 15. Parking Restriction on Technology Drive NW, 46-47 16. Diagonal Parking near Central Park. GryCouncil Meeting November 5, 2001 Page 2 48 17. 49 18. 50 19. 51 20. 52 21. 53 54 55 56 57 5B 59 60 61 62 E) 63-71 72-89 90-110 111-134 135-142 143-148 149 . 22. 23. 24. Truck Loading Zone Td Avenue SW/200 Block Land Acquisition — Storm Water Facilities to Serve Section 7 (J2468) Land Acquisition — Settlement for Forest Hills Sewer Project (J9748) Land Acquisition — Settlement for 50th Avenue NW (J9718) Real Estate — Settlement Agreement for Right of Way Acquisition for the Badger Run Sewer Project — (J9745) Development Agreement — Bandel Business Center Speed Zone Study 415t Street NW: TH 52 to CSAH 22 Owner Contract — Watermain & Hydrant to Serve Civic Drive Plaza — Jack Prow Property (J9829) 25. Advertisement for Bids, Demolition of Buildings at Eastwood Village, (J2068) 26. Stormwater Management Agreement 27. Owner Contract — Basic Construction to Serve the 37 h Street Theatres/ Shopko North Site (J9809) 28. Owner Contract — Basic Construction in Badger Ridge Second Subdivision (J9779) 29. Contribution Agreement — Brad & Lori Thatcher Property (Lots 1, 2, and 3, Block 1, Forest Hills 5"' Subdivision) 30. Bus Procurement Services Contract 31. Advertise of Bids for the Digester Gas Piping (J4382) and Hot Water Loop Piping (J4388) HEARINGS 1. Final Plat #01-10 by Arcon Development to be known as Boulder Ridge located along the east side of Bandel Road NW, south of Bandel North First Subdivision 2. Final Plat #01-44 by Carriage Homes XVII, Inc. to be known as Fox Ridge Townhomes First CIC #159 First Supplement located west and north of Meadow Lakes Drive NW and south of 3'd Street 3. Restricted Development Conditional Use Permit #98-05 located south of 40t' Street S.W., west of TH 63 and east of 11"' Avenue S.W. 4. Type 111, Phase I, Appeal #01-02 of the Rochester Zoning Board of Appeals denial to create a parcel through the Meets and Bounds Subdivision located at 218 Cheval Lane N.E. 5. Final Plat #01-45 by Rodney Younge to be known as Eagle Ridge Fifth Subdivision located along the east side of Aspen Place S.W. and Eagle Nest Lane S.W. at the end of 4"' Street S.W. 6. Final Plat #01-46 by THE Realty to be known as Northwest Plaza Fifth Subdivision located north of Rogan Shoes and south of Econo Foods in the Northwest Plaza Shopping Center 7. Final Plat #01-47 by Oppidan Investment Company to be known as Northwest Place Sixth Subdivision located north of Rogan Shoes and south of Econo Foods in the Northwest Plaza Shopping Center Gry Council Meeting November 5, 2001 Page 3 156-158 8. Vacation Petition #01-11 by Joseph and Wendy Postier and Western Walls, Inc. to vacate a platted right-of-way along Lot 1, Block 2, Rose Harbor 2"d Subdivision and along Lot 1, block 1, Rose Harbor 2"d Subdivision 159-166 9. Comprehensive Plan police n Affordable Housing and Diversity 167-171 10. City Initiated Text Amendment #01-11 to amend Section 61,211 of the Rochester Zoning Ordinance and Land Development Manual to add that an upzoning to the R-2 zoning district requires a General Development Plan 172 11. Enlargement of Development District No. 20, and Amend and Restate the Development Program and the Tx Increment Financing Plan for Tax Increment District No. 20-1 173 12. Establishment of Development District No. 22, adopt the Development program for the Development District and Establish the Development Distract Tax Increment Financing District No. 22-1 174 13. Issuance of Bonds for the Weatherstone Townhomes Apartments Project in the amount of of $9,000,000 and Phase II in the amount of $20,000,000 175-176 14. Proposed Establishment of Residential Permit Parking Zone #6 (Edison Neighborhood) on 8"' Avenue 400 Block, 10'hAvenue 600 & 700 Blocks, 7d' Street 900 Block, and 8h Street 900 Block S.W. F) REPORTS AND RECOMMENDATIONS 177 1. Development Assistance Agreement with Bigelow and Sons Enterprises Inc. for the single-family home construction in Kingsbury Hills Second Subd. 178-181 2. Amendments to RCO 107 - Gambling 182 G) RESOLUTIONS AND ORDINANCES H) TABLED ITEMS 1) OTHER BUSINESS J) ADJOURNMENT REQUEST FOR COUNCIL ACTION MEETING DATE: 11/5/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. OPEN COMMENT PERIOD CITY ADMINISTRATOR A ITEM DESCRIPTION: OPEN COMMENT PERIOD PREPARED BY: S. KVENVOLD This agenda section is primarily for the purpose of allowing citizens to address the City Council on a topic of their choice. The following guidelines apply: • This section of the agenda may not be used as a forum to continue discussion on an agenda item which has already been held as a public hearing. • This agenda section is limited to 15 minutes and each speaker is limited to 4 minutes. • Any speakers not having the opportunity to be heard will be first to present at the next Council meeting. • Citizens may only use this forum to address the Council on a maximum of one time per month. • Matters currently under negotiation, litigation or related to personnel will not be discussed in this forum. • Questions posed by a speaker will generally be responded to in writing. J COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11/5/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Letters and Petitions City Clerk ITEM DESCRIPTION: Petition for Extension of Sanitary Sewer - Thien Property and Estate - Sections 8 and 9 of Marion Township PREPARED BY: Judy Scherr A petition has been received from Yaggy-Colby Associates on behalf of Platinum Development Group and Dennis Thein for extension of sanitary sewer to serve the Dennis Thein property and the Thein Estate in Sections 8 and 9 of Marion Township. COUNCIL ACTION REQUESTED A motion to adopt the prepared resolution referring the petition for extension of sanitary sewer to Sections 8 and 9 of Marion Township (Thein property and estate) to the Public Works Department for a feasibility report. COUNCIL ACTION: motion by: Second by: to: ENGINEERS A RC N IT ECTS J 50N Y EY 0 R5 October 17, 2001 Ms. Judy Scherr, City Clerk City of Rochester LANDSCAPE ARCHITECTS 201 SE 4th Street PLANNERS Rochester, MN 55904 RE: Dennis Thein Property & Thein Estate Rochester, Minnesota Dear Judy: ROCHESTER OFFI( On the behalf of Platinum Development Group and Mr. Dennis Thein, we would like to request that the city council initiate a Project Feasibility Report for the extension of sanitary sewer to serve both the Dennis Thein Property and the Thein Estate in Sections 8 and 9, Marion Township. Platinum Development Group has an agreement to purchase the Thein Estate property. Sincerely, YAGGY COLBY ASSOCIATES Wade C. DuMond, ASLA Department Head of Land Development WCD YCA #7658 LD2 cc: Richard Freese Mark Hemann Don Staley Dennis Thein 717 Third Avenue Rochester, MN 559 507-288-64 Fax..,. _J8-50 MASON CITY OFFII 641-424-63 DELAFIELD OFFII 262-640-68 Equal Opportunity Fmployrr yaggy.com REQUEST FOR COUNCIL ACTION Meeting DATE: 11-05-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO: CONSENT AGENDA CITY ADMINISTRATOR D -1-31 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. , Appointment to Rochester Civic Music Board D-3. Findings of Fact & Conclusions of Law Related to Road Constructors Inc. Status as a Responsible and Reliable Bidder for Future City Contracts. D-4. Settlement Agreement in Kenneth Middendorf v. City of Rochester Concerning Worker's Compensation Benefits. D-5. Amend Certain Provisions of the Rochester Code of Ordinances to Make the Fine Amounts Consistent With State Law. D-6. Licenses, Bonds & Miscellaneous Activities D-7. Accounts Payable D-8. Authorization to Complete Assessment of GASB 34 Impact Resolution Accepting the Offer of the Minneosta Public Facilities Authority to Purchase a $2.5 Million GO Sales Tax Revenue Note of 2001. D-10. City Ordinance 106.A.18, 106A.21 Amendments D-11. Consideration of Public Utility Board Action D-12. Sole Source Procurement of Equipment:: Sanitary Sewer Flow Monitoring Equipment. D.13 Professional Services for Rose Harbor Regional Stormwater Pond (J-9868) D-14. Removal of Traffic Semi-diverter 26t' Street & Northern Viola Lane NE. D.15. Parking Restriction on Technology Drive NW. D.16. Diagonal Parking near Central Park. D-17. Truck Loading Zone P Avenue SW/200 Block. D-18, Land Acquisition — Storm Water Facilities to Serve Section 7 (J2468) D-19. Land Acquisition — Settlement for Forest Hills Sewer Sewer Project (J9748) D.20. Land Acquisition — Settlement for 50th Avenue NW (J9718) D.21. Real Estate — Settlement Agreement for Right of Way Acquisition for the Badger Run Sewer Project — (J9745) D-22. Development Agreement — Bandel Business Center D-23.' Speed Zone Study 41st Street NW: TH 52 to CSAH 22 D-24. Owner Contract — Watermain & Hydrant to Serve Civic Drive Plaza — Jack Prow Property (J9829) D.25. Advertisement for Bids, Demolition of Buildings at Eastwood Village, (J2068) D-26. Stormwater Management Agreement D-27. Owner Contract — Basic Construction to Serve the 37t' Street Theatres/ Shopko North Site (J9809) D-28. Owner Contract— Basic Construction in Badger Ridge Second Subdivision (J9779) 4629. Contribution Agreement — Brad & Lori Thatcher Property (Lots 1, 2, and 3, Block 1, Forest Hills 5th Subdivision) D-30. Bus Procurement Services Contract D-31. Advertise of Bids for the Digester Gas Piping (J4382) and Hot Water Loop Piping (J4388) REQUEST FOR COUNCIL ACTION J / MEETING DATE: 11/5/01 AGENDASECTION: ORIGINATING DEPT: ITEM NO. Organizational Business Mayor's Office ITEM DESCRIPTION: PREPARED BY: Appointment to Rochester Civic Music Board Mayor Canfield I hereby submit for your approval the following appointment to the Rochester Civic Music Board: Jackie Brown 2028 Cassidy Drive NE Ms. Brown will fill the vacancy created by the retirement of Mike Kelsey. The three year term will run to December 2003. COUNCIL ACTION: Motion by: Second by: to: flavor Chock Canfield M" 201 Ith Street SE - Room 281 All-AHERIC.0 T', Rochester, JIN 53904-3782 Monk-: (5071285-8080 Fax: 607)287-7979 CITY OF ROCHESTER VOLUNTEER APPLI::'ATION NAME: JRLt<ItY L'Y44\N ADDRESS: gxjb CT$h10y tet... P)G -- PHONE: sus .zs3-5037 HOME ;*-7-00 CO YOU RESIDE WITHIN P.00HESTER CITY LIMITS? YE3 V NO --,- PLACE OF EMPLOYMENT: tn,y,,,fbw&a— 0 I AM SEEKING VOLUNTAR',' SERVICE ON RL'CJj�jTC�"` e,IVI(/ Mdhlci BECAUSE: .1- WOULY WK,�-- A'J-_0?P017V1'Ty �(0 -4QU C — TIi3_" i'IOG j(vim--' C.eMMUNt?q 2� c4LJ37C1-, — uyI (i P'IIki1 C/ A5 _A4 7 _ Clpo'LTAIlly T9 _ i1nirJ(r- k 0+t0Deti >%"J*-C�ii g war N1`J _ T4� coMMVNIT ?TEASESE P—ROVV1 E BACKGROUND INFORMA'.IGN ;EDUCATION, SFEr_*AL IZirER STS, ACHIEVEMENTS, PREVIOUS EMPLOYMENT, COMMUNITY INVOLVE";ENT) A:tach additions.1 information, if desired. L RzzztV My 370k fl.ae. M001%1i,-� hlia7L'J uNtJv`1�71 10 1g5e) WtTt A PAO,- . tN P01.1TIG�L,_ A MINV`,, IN WOALC0 Ak) AAAl Wkl h1 tL ,yPyV� f�� 9 YcMS . S CL)Av\,u �J ANCrJItz� DATE SUBMITTED: q I v SIGNED: Return cc: Office Of th' — 201 4th Street SE Rochester, MN 5 904-3782 tttti- ttttttittitt t f. t t t t t t i t t t l t t t t t t t t l t t t i t t i•:fro#at*i#:-4I.t DATE OF APPOINTMENT: TERM EXPIRATION: OTHER DATA: REQUEST FOR COUNCIL ACTION MEETING DATE: 1115101 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda City Administrator T1 _ 3 ITEM DESCRIPTION: Findings of Fact & Conclusions of Law related to Road Constructors PREPARED BY: T. Spaeth Inc. status as a responsible and reliable bidder for future City contracts At the October 15, 2001 City Council meeting, the Council held a public hearing to consider Road Constructors Inc. status as a responsible and reliable bidder for future City contracts Upon review of the record, the City Attorney has prepared findings of fact and conclusions of law and order relating to said matter. Attached for the Council's review are the findings of fact prepared by the City Attorney. ATTACHMENTS: Copy of City Attorney prepared Findings of fact and Conclusions of law dated October 29, 2001. COUNCIL ACTION REOUESTED: The Council may adopt, modify or revise the findings of fact, conclusions of law and order as needed. A 0 ?-4 l �1 A4L N 1 COUNCIL ACTION: Motion by: Second by: to: OFFICE OF THE CITY ATTORNEY MEMORANDUM DATE: October 29, 2001 TO: Stevan E. Kvenvold — City Administrator el FROM: Terry L. Adkins — Rochester City Attorney SUBJECT: Findings of Fact for Road Constructors On October 15, 2001, the Council held a public hearing to consider Road Constructors' status as a responsible and reliable bidder for future City of Rochester public contracts. Following the hearing, the Council directed me to prepare draft Findings of Fact, Conclusions of Law and Order and to bring this document back to the Council for its review and consideration. As further instructed by the Council, I prepared the Findings document so as to (1) determine there was insufficient information currently available as to whether Road Constructors was a responsible and reliable bidder, and (2) extend for another year the one year probationary status of Road Constructors. I enclose that draft document for presentation to the Council. The Council may adopt, reject or modify the document as it pleases. Enclosure BEFORE THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA In Re: Road Constructors, Inc., Findings of Fact, Conclusions of Law, and Order On October 15, 2001, the Common Council of the City of Rochester held a public hearing, upon notice to the public, to consider whether Road Constructors, Inc., (hereinafter "RCI") is a reliable and responsible bidder for purposes of future City of Rochester public works contracts. At the public hearing, an attorney representing neighbors who live in the Foxcroft area of ochester testified concerning two cases of sewer backup that occurred during the summer of 2000. One case involved the Foxcroft area and another case involved the 13t' Avenue and 48"' Street N.W., area. RCI's legal representative also appeared and testified about the status of the litigation involving these sewer backup claims. The Council considered the information provided at the October 151h public hearing a copy of which is attached, incorporated herein by reference and identified as Exhibit A. The Council also considered a report issued by the Department of Public Works. That information is attached, incorporated herein by reference and identified as Exhibit B. Finally, the Council considered its September 18, 2000, Findings of Fact, Conclusions of Law and Order concerning the same issue. A copy of the September 18, 2000, Findings document is incorporated herein by reference, attached and is identified as Exhibit C. Based upon the evidence presented at the hearing, the Common Council of the City of Rochester does hereby make the following findings of fact, conclusions of law, and order. FINDINGS OF FACT 1. At the October 15, 2001, city council meeting, the issue of awarding future public contracts came before the Common Council pursuant to the state's and the city home rule charter's competitive bidding requirements. 2. Section 12.06 of the Rochester Home Rule Charter states that public contracts must be awarded "to the lowest reliable and responsible bidder." 3. At the October 15, 2001, council meeting, attorney Jeffrey Mintz, representing four claimants in the Foxcroft area of Rochester, appeared before the Council and stated that RCI was not a reliable and responsible bidder. The attorney based his claim on the lack of a settlement in these claims as well as other claims involving the Foxcroft area and the 13t' Avenue/48t' Street N.W., area. The attomey noted that on September 6, 2000, the Council considered this matter and, as a result of its public hearing, concluded that it will monitor, for a time period of one year, the manner by which RCI performs public work pursuant to public contracts awarded by the City of Rochester. 4. As the one year time period has expired, the Council concluded that there should be an opportunity for all interested parties, including RCI and its Insurer, to present information to the Council as to RCI's performance of public contracts during the past year. 5. Attorney Mintz stated that there are several claims pending from the sewer backup cases occurring during the summer of 2000. He stated that RCI was causing numerous delays in processing the litigation the majority of which were at the request of RCI's legal counsel. As an example, he stated RCI failed to produce all existing documents in response to a request for the production of all such documents. This resulted in one of many delays in moving the litigation through the process. He stated his clients are incurring significant costs and expenses in attempting to recover their damages. Yet, thus far, his clients are no closer to any settlement of the claims. As a result, he asked the Council to renew its one year monitoring of RCI's performance of the City of Rochester's public contracts. 6. Ken Moen, attorney for RCI, testified that this is an attempt to exert political pressure in pending litigation. He stated such an attempt is inappropriate in this forum and after left to the courts. He indicated the claims were the subject of several lawsuits. Those lawsuits are proceeding and the time spent thus far in prosecuting the case is not unusual for this type of case. In cases where there is a dispute as to damages and liability, one year's time without a settlement of the claims is typical. 7. Mr. Moen stated that RCI has obtained the required insurance coverage and the insurer has fulfilled its obligation by defending the City and RCI. As such, he stated, it is the insurer and not RCI that determines the strategy and legal responses in this litigation. He told the Council to let the litigation take its course. S. Mr. Moen indicated the Department of Public Works report indicated RCI performed well in some contracts and satisfactory in others. As such, there is no reason to continue this probationary period. Instead, he stated, the City should let the litigation process run its course. 9. In response to a question as to whether RCI is contacting the parties or its insurer in order to find a way to speed up the process, Mr. Moen stated that he routinely advises his clients to stay away from contacts with any of the parties involved in pending litigation. Any competent attorney will tell the client to avoid contact with parties, including the insurance company's attorney. It is in court and it is being handled. 10. Council member Marcoux indicated her frustration with RCI's decision not to contact its insurance company and ask for quick resolution of a claim that is the subject of extensive public attention. 11. Council member 5enjem noted that, when all goes well, RCI does a good job and there is no problem. But, when something goes wrong, there is a question whether RCI is doing all it could do to quickly process and resolve the claims. Mr. Moen stated the judicial system just doesn't work that efficiently and time is required where there is a dispute as to liability and damages. If there is a continuation of any probationary period, Mr. Moen asked that the scope be broadened to include other bidders. 12. Mac Hamilton appeared and stated that he is a party to many contracts in which RCI is a party. He has found RCI to be very helpful, effective and a contractor who delivers quality work. CONCLUSIONS OF LAW 1. This matter is properly before the Common Council pursuant to Section 12.06 of the City of Rochester Home Rule Charter. 2. This matter is also properly before the Common Council pursuant to numerous Minnesota court cases holding that cities enjoy reasonable discretion in determining the lowest responsible bidder and that the lowest bid is not necessarily the lowest responsible bidder. See e.q., Otter Tail Power Co. v. Village of Elbow Lake, 49 N.W.2d 197, 201 (Minn. 1951). 3. The Council concludes that it does not have the authority to determine the negligence claims present in this case. A city council does not have the responsibility or obligation to determine who is responsible for the June 1, 2000, sewage backup cases in the ea of 48th Street and 13'h Avenue N.W. Instead, these claims can only be resolved through the legal system. 4. The Council concludes, however, that it does have the authority to inquire as to the manner in which public work is performed by those who are awarded a public contract pursuant to the state's and city's competitive bidding laws. These considerations make up, at least in part, the phrase "the lowest reliable and responsible bidder" as used in Section 12.06 of the Rochester Home Rule Charter. Those to whom public contracts are awarded in order to perform public projects for the good and benefit of the general public are acting as agents for and on behalf of the City of Rochester and must be held to the high standard demanded by the citizens of Rochester. Any sub -standard method of operation or lack of good interpersonal skills reflects poorly on the City and the members of the Common Council. Any communication to the affected property owners as to what happened, what is being done and what can be expected to occur in the future, as limited in scope as it might be, is better than no communication at all. 5. Based upon the substantial amount of testimony received at the public hearing, the Common Council concludes there is a basis for concern as to the manner in which RCI responded to private citizens and city officials concerning the sewage backup incident occurring on June 1, 2000, in the area of 48th Street and 13'h Avenue N.W. Private property owners and city officials did not receive prompt and helpful information from RCI concerning the June 1st sewage backup incident. Furthermore, RCI has not made any effort to persuade its insurance company to quickly and effectively resolve these claims. 6. Based upon the substantial amount of testimony received at the public hearing, the Common Council determines that, although there is a basis for concern as to the manner in which RCI handled communications with private property owners and the City in response to this sewage backup and its contacts with its insurance company, there is insufficient evidence showing RCI to be an unreliable and irresponsible bidder. The testimony is unclear and equivocal as to RCI's demeanor and approach to the affected property owners. The affected property owners claim that RCI and its insurer failed to perform their public contract with the public's interest in mind when it ignored them and the damages to their home, failed to return phone calls, failed to provide helpful information, failed to physically appear and inspect the damage, failed to meet or discuss the incident with the City of Rochester Common Council, and failed to make good faith efforts to persuade its insurance company to quickly and efficiently resolve these claims. RCI claims that it satisfied those contractual obligations imposed by the City, including obtaining the necessary bond and insurance coverage, and tendering the affected )perty owners' claims to its insurer. RCI also claims that its response to requests for a public discussion of this incident were tempered by the filing of the claims and legal counsel's advice to avoid public statements. RCI's stated that once it receives claims for damages, the Insurer, rather than RCI, controls the handling, processing and resolution of the claims. If there was a lack of communication problem with affected property owners and the City, the problem rests with the Insurer rather than RCI. 7. Because of the Council's concern, the Council concludes that it will monitor, for a time period of one year, the manner by which RCI performs public work pursuant to public contracts awarded by the City of Rochester. The Council encourages RCI, and its insurer, to reexamine its method of dealing with the public and with City officials, and to determine ways to improve communication skills. The Council also encourages RCI, and its insurer, to make every `ort to resolve these claims as quickly and efficiently as possible so that the matter can come to a satisfactory conclusion. During the one year time period, the Council reserves the ability to revisit the issue of RCI's reliability and responsibility to perform public work on a particular public project should additional or new information be presented to the Council. ORDER The Common Council of the City of Rochester, pursuant to Section 12.06 of the Rochester Home Rule Charter, does determine that Road Constructors, Inc., is eligible to be the lowest reliable and responsible bidder for future public contract projects. The Council further orders that, for a time period of one year, it will monitor the manner by which RCI performs public work pursuant to public contracts awarded by the City of Rochester and reserves the right to revisit this issue upon presentation of additional relevant information. Dated at Rochester, Minnesota this day of November, 2001. John Hunziker, President of the Rochester City Council Fof.zone%Resp Bidder. Road02 • FOR COUNCIL ACTION DATE: AGENDA SECTION: ORIGINATING DEPT: ITEM NO. ,4SENT AGENDA CITY ATTORNEY'S OFFICE , ITEM DESCRIPTION: Approve Settlement Agreement in Kenneth Middendorf v City of PREPARED BY: J Rnchester concerning worker's compensation benefits TERRY ADKINS ZL41' On January 26, 1999, city employee Kenneth Middendorf sustained a personal injury within the scope of his city employment (thoracic and lumbar spine, right inguinal hernia and left knee conditions). From that date until December 26, 2000, the City paid the employee all applicable workers' compensation benefits. Since December 26 h, the City has refused to continue those payments contending that the employee could return to city employment in a different capacity. (The City wanted the employee to fill the Pre Plan Assistant position within the Fire Department.) The employee disagreed contending he was not able to return to city employment. Instead, he found a different job which paid considerably less than the Pre Plan Assistant position. The reduced salary of this different job exposed the City to a much higher amount of disability benefits for the employee. Both parties were headed towards a workers' compensation hearing. Instead, the parties reached a compromise settlement. By the terms of the settlement, the City will only pay the employee $10,000 for the benefits due since December 26b' (which is a 50% reduction of the claimed amount). Furthermore, any future workers' compensation benefits paid by the City to the employee will be I based on the salary of the Pre Plan Assistant position within the Fire Department dp-pite the fact that the employee will not fill that position. This is a "full, final and complete settlement" which precludes any future refits other than the future disability benefits discussed above and the medical expenses. I worked closely with Finance Department personnel in reaching this settlement. In my opinion, this is an appropriate settlement as it reduces the City's worker's compensation exposure and its financial obligations. I am especially pleased with the incorporation of the Pre Plan Assistant position for purposes of future workers' compensation disability benefits although the employee will not fill that position. I recommend approval of the Settlement Agreement. P�ted Council Action Requested Motion to adopt the resolution approving the Settlement Agreement in the case entitled Kenneth Middendorf v. City of Rochester and to authorize the Mayor, City Clerk and City Attorney to execute the Agreement and any other legal documents required to implement the resolution. COUNCIL ACTION: Moeon by: second by: to: MEETING DATE: 11 /5/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. ' --sent Agenda City Attorney's Office -D —,' it izi.I DESCRIPTION: Request to amend certain provisions of the Rochester Code of PREPARED BY: Ordinances to make the fine amounts consistent with state law. David Goslee State law has been amended to increase the amount of fines that may be imposed for the different levels of offenses. State law also authorizes cities to impose fines at this same level. Under state law, misdemeanors carry a maximum penalty of up to a $1000 fine and up to 90 days in jail, and petty misdemeanors carry a maximum penalty of a $300 fine. The provisions of the Rochester Code of Ordinances that provide for criminal penalties currently have maximum fines of $700 for misdemeanors and $100 for petty misdemeanors. The proposed ordinance would increase these fines to be consistent with those authorized by state law. This increase in maximum fine amounts is not likely to have a significant impact on the sentences imposed for ordinance violations. The judges in Olmsted County have adopted a fine and bail schedule that identifies a "standard disposition" for most of these violations. The opportunity to ask for a higher fine, however, is a prosecution tool that this office can use in the more egregious cases where a more significant penalty is appropriate. Cnuncil Action Requested: Adopt the prepared ordinance amending those provisions of the Rochester Code of Ordinances relating to imposition of criminal fines to increase the fines to an amount consistent with state law. UNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11/5/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY CLI?RK �\ ITEM DESCRIPTION: LICENSES, BONDS & MISCELLANEOUS AC HVITIES PREPARED BY: DONNA J SCHOTI' The following licenses, bonds and miscellaneous activities are submitted for the Council's approvals or disapprovals. All are pending departmental approvals, the required insurance, bonds, fees and all outstanding debts with the City of Rochester. FIREWORKS Lori Line Music 222 Minnetonka Ave Wayzata, Mn. 55391 Fireworks for Concert 12/23/01 AT Mayo Civic Center 30 Civic Center Dr SE Rochester, Mn. 55904 GAMBLING — PREMISE PERMIT Dover Firefighters Relief Assn. 311 West Park Dover, Mn. 55929 FOR Rochescheers Country Pub 320 1" Ave SW Rochester, Mn. 55902 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 Restaurant 7600 Hel erson Dr SW - Airport COUNCIL ACTION: Motion by: Second by: to: LICENSES, BONDS AND MISCELLANEOUS CITY ACTIVITIES PAGE NOVEMBER 5, 2001 Comfort Inn & Conference Center 1625 S Bdwy Riptide Bar & Grill 530 11" Ave NW Rookies Sports Grill & Bar 1517 16" St SW William T, McCoy post 92 American Legion 315 151 Ave NW Rochester, Mn. 55901 GAMBLING — TEMPORARY Rochester Area Disabled Athletics & Recreation 539 N Bdwy Rochester, Mn. 55906 Raffle 1/20/02 AT Mayo Civic Center — Ballroom 30 Civic Center Dr SE Rochester, Mn. 55904 Rochester Area Disabled Athletics & Recreation 539 N Bdwy Rochester, Mn. 55906 Raffle 2/23/02 AT R.A.D.A.R. Office Rochester Area Builders Inc. 3400 E. River Rd NE Rochester, Mo. 55906 Raffle 2/3/02 AT Mayo Civic Center 30 Civic Center Dr SE Rochester, Mn. 55904 Rochester Figure Skating Club 21 Elton Hills Dr NW Rochester, Mn. 55901 Raffle 1/21/01 Children's Place Nursery School 3307 55" St NW Rochester, Mn. 55901 Raffle 12/8 — 12/10/01 Rochester Area Family Y 709 15` Ave SW Rochester, Mn. 55902 Raffle 12/31/01 AT LICENSES, BONDS AND MISCELLANEOUS CITY ACTIVITIES PAGE NOVEMBER 5, 2001 Radisson Plaza Hotel 150 S. Bdwy Rochester, Mo. 55904 MASTER INSTALLER Craig Brogan 810 34'h Ave Ct NW Rochester, Mn. 55901 SEWER & DRAINS Bill Kraus PO Box 8361 Rochester, Mn. 55903 SOUND AMPLIFICATION Veterans Day Celebration Soldiers Field Memorial Soldiers Field Rochester, Mn. 55902 CITY ACTIVITIES Minnesota Bible College 920 Mayowood Rd SW Rochester, Mo. 55902 Live Drive Through Nativity Veterans Day Celebration Soldiers Field Memorial Soldiers Field Rochester, Mn. 55902 11/11/01 9:00 AM to 1:00 PM 11/30/thru 12/1/01 11/11/01 9:00 AM to 1:00 PM COUNCIL ACTION REQUESTED A motion to approve or disapprove the above licenses, bonds and miscellaneous city activities. REQUEST FOR COUNCIL ACTION h MEETING'' DATE: 11 /5101 AGENDA SECTION: Consent Agenda ORIGINATING DEPT: Finance Department ITEM NO. LJ _ I-1 ITEM 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 $4,524,107.84. Less: Any exceptions COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11/5/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Routine Business / Consent Agenda Finance Department ITEM DESCRIPTION: Authorization to Complete Assessment of GASB 34 Impact PREPARED BY: Dale Martinson To comply with "generally accepted accounting standards" in our financial reporting, we are required to implement the "GASB 34" pronouncement in our year-end 2002 statement. This pronouncement is clearly the most far-reaching and comprehensive change to our reporting standards that we have ever been required to comply with. We intend to request some money in the 2002 budget request for consulting assistance to address the many issues associated with reporting changes under the GASB 34. I contacted our current audit/consulting firm, Smith Schafer& Associates for a quote. Unfortunately, the impacts are so far- reaching, that we cannot get a solid quote until we have completed a thorough assessment and indicated just how we intend to address each of the many changes required. Decisions on how we implement have a significant impact on how much work will be involved to implement. Additionally, some of the decisions on this need to be made before we start our 2002 operations so transactions can be properly accounted for under the new rules. We received an estimate of $10,000 to $12,000 in audit consulting assistance just to complete the assessment portion. I have attached the "top level" item by item listing to give an idea of the scope of this project. This portion would assess the impacts, provide documentation of the decisions made for how we will comply, and provide a work plan with task assignments and timelines necessary to meet the reporting deadlines. The completed assessment would also help us determine what is reasonable for our own staff to try to accomplish versus what items would be more efficient to have completed by an outside firm or firms. I attempted to offer ways to reduce the cost of this assessment, but in reviewing the thousands of items that must be documented and addressed, I concede that this will take more time than I had originally thought. I believe this assessment is important to complete now, both to be sure we do not miss an important step in the conversion to the new reporting model, and also to document our decisions and reasoning on why we implemented it in the method we did. It will also help us get a better handle on the estimated full cost of implementation. As these additional services were not contemplated for 2001, we will need to request contingency funding for the estimated $10,000 to $12,000 cost. RECOMMENDED ACTION: Authorize additional professional services from Smith Schafer & Associates for a complete GASB 34 assessment with funding come from the Contingency Account. Ito W"re: U71001a.1 I,g4r-Yw�l was ! GC.4 A y7iP rpunc�� .SC�A�'/LF�y • J COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 1115101 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Routine Business / Consent Agenda Finance Department n 9 cV ITEM DESCRIPTION: Resolution Accepting the Offer Of the Minnesota Public Facilities PREPARED BY: Authority to Purchase a $2.5 Million GO Sales Tax Revenue Note of 2001 Dale Martinson The Department of Transportation(DOT) and the State Public Facilities Authority (PFA) have both approved the City's request for loan funding of the 50°' Avenue Project. However, the repayment sources of GO levy and MSA funding were determined not to be allowable for this loan due to State limitations on using State revenues (MSA) for State -issued debt without bonding bill authority. We are therefore proposing to shift $2.5 million of our GO sales tax bonding authority and its associated repayment to the 50tb Avenue Project and out of the Hwy 52 project. We would then utilize the tax levy and internal funding originally slated for this 50d' Avenue project to pay for this amount of the Hwy 52 project. The language used in the sales tax legislation is broad enough under "roadway improvements" to clearly give the council authority to use it on 50d' Avenue. The net result would not cost the City any more for either project and would allow 50d' Avenue to proceed in a timely manner. The costs would actually be much lower as the interest rate on this PFA loan is offered at 2.83%, or 1.5% below triple AAA municipal bond rates through 2021. They have estimated this rate will actually save the City taxpayers about $471,000 over issuing our own debt on this project. RECOMMENDED ACTION: Approve the attached resolution accepting the terms of the loan offered by PFA, issuing the GO Sales Tax Pledge, and authorizing execution of the associated documents. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11/5/01 AGENDA SECTION: Consent Agenda ORIGINATING DEPT: Police ITEM NO. ITEM DESCRIPTION: CITY ORDINANCE 106A.18, 106A.21 AMENDMENTS PREPARED BY: Roger Peterson It is requested that City of Rochester ordinances pertaining to dangerous and potentially dangerous dogs be amended as indicated on the attached documents. COUNCIL ACTION REQUESTED Approval of amendments to city ordinance 101A.18 and 106A.21. COUNCIL ACTION: motion by: second by: to: Chapter 106A —Animals 106A.18. Dangerous Dogs. Subdivision 1. Definitions. For the purposes of this ordinance, the terms defined in this section shall have the meanings given them. (a) "Dangerous dog" means any dog that has: (1) without provocation, inflicted substantial bodily harm on a human being on public or private property; or (2) killed a domestic animal without provocation while off the owner's property; or (3) been found to be potentially dangerous, and after the owner has been sent notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or other domestic animals. (b) 'Potentially dangerous dog" means any dog that: (1) when unprovoked, inflicts bites on a human or domestic animal on public or private property; or (2) when unprovoked, chases or approaches a person upon the streets, sidewalks or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or (3) has a known propensity, tendency or disposition to attack without provocation causing injury or otherwise threatening the safety or humans or other domestic animals. (c) 'Proper enclosure" means securely confined indoors or in an enclosure which has flooring that prevents digging, sides which prevent chewing or exit through them, secured with a covering which prevents escape and provides protection from the elements. This enclosure must be locked. A porch, patio, house, garage or other structure that cannot be locked or has walls, windows or doors that are not substantial enough to prevent the escape of the dog shall not be considered a proper enclosure. (d) "Owner" means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody or control of a dog. May 8, 1998 - update 313 Chapter 106A —Animals Subd. 2. Notice of Potentially Dangerous or Dangerous Dogs. If after an investigation conducted by an animal control officer or police officer, it is determined that a dog is potentially dangerous or dangerous according to the criteria described in 106A.18 Subd. 1 (a) or (b), the Animal Control Unit will serve a notice of intent to declare the dog potentially dangerous or dangerous dog on the owner of the dog in question. This notice shall inform the owner of this designation, the basis for the determination, the procedures for contesting the designation as described in Subd. 3 and the result of the failure to contest the designation as described in Subd. 4. Subd. 3(a). Contesting Declaration of Dangerous or Potentially Dangerous Dogs. If the owner of a dog has received a notice of intent to declare a dog as a potentially dangerous or dangerous dog, the owner may request that a hearing be conducted to determine whether or not such a designation is justified. This request must be made in writing and delivered to the supervisor of the animal control unit within 14 days of receipt of the notice of intent to declare a dog as potentially dangerous or dangerous. Subd. 3(b). Initial Review. Upon receipt of such request, the supervisor of the animal control unit will forward the request along with all necessary supporting documentation to the City Attorney. The City Attorney will make an initial review of the evidence surrounding the notice to determine if there is sufficient evidence supporting the designation to convene a hearing of the Animal Control Review Panel. If there is insufficient evidence supporting the designation, the City Attorney shall withdraw the designation and none of the requirements of this ordinance applying to dangerous or potentially dangerous dogs shall apply to the dog in question. If there is sufficient evidence that the Animal Control Review Panel could uphold the designation, the City Attorney will cause this notice to be brought to the attention of the Review Panel that will conduct the hearing. Subd. 3(c). Hearing Procedure. The Animal Control Review Panel will consist of the Council President, the council member representing the area of the City in which the owner resides, and a veterinarian. The panel will schedule a hearing and may call witnesses and review documents as needed to make a determination on the issue. Owners shall have the right to present evidence on their behalf and to cross-examine any witnesses. A simple majority of the members of the panel is necessary for a finding that the dog is either dangerous or potentially dangerous. The burden of proof is on Animal Control. A finding supporting a designation of dangerous or potentially dangerous dog must be proven by a preponderance of the evidence. The decision of the Animal Control Review Panel shall be in writing and shall indicate the reasons for the findings. A copy of the findings shall be provided to Animal Control and the dog owner. Subd. 3(d). Effect of Findings. If the panel finds there is sufficient basis to declare a dog as potentially dangerous or dangerous, that finding will serve as notice to the owner that the dog is in fact a potentially dangerous or dangerous dog and the owner must immediately May 8, 1998 -update 314 Chapter 106A—Animals comply with all applicable requirements of this chapter or immediately cause the animal to be humanely destroyed or removed from the City limits. Subd. 3(e). Appeal. If the owner of the dog disputes the decision of the Animal Control Review Panel, the owner shall have the right to appeal the decision to the Rochester City Council. The appeal must be filed with the City Clerk within 14 days of the panel's ruling. If the owner of the dog disputes the findings of the City Council, the owner may appeal to the Minnesota Court of Appeals as provided by state law. Subd. 3(f). Mayor to Appoint Veterinarian and Substitute Panel Members. The Mayor of the City of Rochester shall appoint a veterinarian to serve on the hearing panel on a voluntary basis. Such appointment shall continue in effect until the appointee resigns or is replaced by the Mayor. In the event the veterinarian is temporarily unavailable or has a personal interest in the outcome of the proceeding, the mayor may appoint another veterinarian to replace the initial appointee on the Panel. In addition, in the event the city council president or relevant councilmember is temporarily unavailable or has a personal interest in the outcome of the proceeding, the mayor may appoint other members of the city council or city staff to sit in their place. Subd. 4. Failure to Contest Notice of Intent to Declare. If the owner of a dog receives a notice from the Animal Control Unit of the intent to declare the dog as potentially dangerous or dangerous, and the owner fails to contest that notice within 14 days, the owner shall be considered as having forfeited the right to the hearing described in subd. 3 and as having consented to the designation of the dog as potentially dangerous or dangerous by default. The Animal Control Unit will then issue a declaration of dangerous or potentially dangerous dog to the owner and the owner must immediately comply with all applicable requirements of this chapter or cause the dog to be humanely destroyed or removed from the City. Subd. 5. Dangerous Dog Designation Review. Beginning six months after a dog is declared a dangerous dog, an owner may request annually that the Animal Control Review Panel review the designation. The owner must provide evidence that the dog's behavior has changed due to the dog's age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors. It the Animal Control Review Panel finds sufficient evidence that the dog's behavior has changed, the authority may rescind the dangerous dog designation. Subd. 6, Registration. No person may own, possess, keep, harbor, maintain or otherwise have a dangerous dog or a potentially dangerous dog in the City unless the dog is currently registered as provided in this section. Subd. 7. The City Clerk shall issue an annual certificate of registration to the owner of the dangerous dog or potentially dangerous dog if the owner presents sufficient evidence that: May 8, 1998 -update 315 Chapter 106A —Animals (a) a proper enclosure exists for the dangerous dog and all accesses to the premises are posted with clearly visible warning signs issued or approved by the Animal Control Unit, that there is a dangerous dog on the property; (b) a surety bond to be held by the City Clerk has been issued by a surety company authorized to conduct business in this state in a form acceptable to the City Clerk and the City Attorney in the sum of at least $50,000, payable to any person injured by the potentially dangerous/dangerous dog, or a policy of liability insurance has been issued by an insurance company authorized to conduct business in this state in the amount of at least $50,000, insuring the owner for any personal injuries inflicted by the potentially dangerous/dangerous dog; (c) the owner has paid the annual registration fee as provided for in this section; and C(d) the owner has had microchip identification implanted in the dangerous dog as ( required under Minn. Stat. §347.515. Subd. 7. Fees. The City may charge the owner an annual fee, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog or a potentially dangerous dog under this section. Fees may also be charged for signs that are designated as the official symbols for posting and may be purchased from the City Clerk. These fees shall be set by resolution of the City Council. Subd. 8. Tag. A dangerous or potentially dangerous dog registered under this section must have a tag, issued by the City Clerk, identifying the dog as dangerous. This tag must be affixed to the dog's collar. The collar must be worn by the dog at all times. Subd. 9. Seizure of Dangerous or Potentially Dangerous Dogs and Violations. An animal control officer or any police officer may immediately seize any dangerous or potentially dangerous dog and/or issue a citation to the owner of any dangerous dog or potentially dangerous dog if: (a) 14 days after the owner has received notice that the dog is potentially dangerous or dangerous, the dog is not validly registered under subdivision 6; or (b) the dog is not maintained in a proper enclosure; or May 8, 1998 -update 316 Chapter 106A—Animals (c) the dog is outside the proper enclosure and is not muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person; or (d) 14 days after the owner has received notice that the dog is dangerous or potentially dangerous, the owner does not secure the proper liability insurance or surety bond as required in 106A.18 subd. 5(b); or (e) after the owner has been notified that the dog is dangerous or potentially dangerous, the dog bites or attacks a person or domestic animal. Subd. 10. Confiscation and Destruction of Dangerous Dogs. If the owner of a dangerous dog is convicted of a crime for which the dog was originally seized, the court may order that the dog be confiscated and destroyed in a proper and human manner, and that the owner pay the costs incurred in the confiscating, confining, and destroying the dog. Subd. 11. Exemptions. Dogs may not be declared dangerous or potentially dangerous if the threat, injury or damage was sustained by a person; (a) who was at the time of injury committing or attempting to commit a willful trespass or other tort or crime upon the premises occupied by the dog; or (b) who was provoking, tormenting, teasing, abusing or assaulting the dog or who can be shown to have repeatedly, in the past, provoked, tormented, teased, abused or assaulted the dog; (c) who was committing or attempting to commit a crime. Subd. 12. Law Enforcement Exemption. The provisions of this section do not apply to trained dogs used by law enforcement personnel officials for police work. Subd. 13. Apprehension. Notwithstanding the provisions set forth in subdivisions 1 through 11, any animal control officer or any police officer is authorized and empowered to kill any animal which because of disease or viciousness constitutes an immediate threat to human life or safety or the life or safety of another domestic animal and cannot be safely taken up and impounded by other reasonable means. In such case, the owner shall be liable for any and/or all penalties provided by law. Subd. 14. Destruction of Dog in Certain Circumstances. Notwithstanding the provisions set forth in this chapter, a dog that inflicts substantial or great bodily harm (as those terms are defined in Minn. Stat. §609.02) on a human being without provocation may be destroyed in a proper and humane manner by Animal Control. Animal Control shall issue a notice of intent to May 8, 1998 -update 317 Chapter 106A —Animals destroy the dog to the dog's owner. The owner shall have three days from receipt of the notice to request a hearing before the Animal Complaint Review Panel. The owner shall have the burden of establishing that the exemptions in Subd. 11 apply to this incident, or that the dog would not otherwise be declared dangerous following a hearing conducted for that purpose. Subd. 15. Dangerous and Potentially Dangerous Dogs; Requirements (a) An owner of a dangerous or potentially dangerous dog shall keep the dog, while on the owner's property, in a proper enclosure. If the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person. The muzzle must be made in a manner that will prevent the dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration. (b) An owner of a dangerous or potentially dangerous dog must renew the registration of the dog annually until the dog is deceased. If the dog is removed from the jurisdiction, it must be registered as a dangerous or potentially dangerous dog in its new jurisdiction. (c) An owner of a dangerous or potentially dangerous dog must notify the animal control authority in writing of the death of the dog or its transfer to a new jurisdiction within 30 days of the death or transfer, and must, if requested by the animal control authority, execute an affidavit under oath setting forth either the circumstances of the dog's death and disposition or the complete name, address, and telephone number of the person to whom the dog has been transferred. (d) An animal control authority may require a dangerous or potentially dangerous dog to be sterilized at the owner's expense. If the owner does not have the animal sterilized, the animal control authority may have the animal sterilized at the owner's expense. (e) A person who owns a dangerous or potentially dangerous dog and who rents property from another where the dog will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal that the person owns a dangerous or potentially dangerous dog that will reside at the property. (f) A person who sells a dangerous or potentially dangerous dog must notify the purchaser that the animal control authority has identified the dog as dangerous or potentially dangerous. The seller must also notify the animal control authority in writing of the sale and provide the animal control authority with the new owner's name, address, and telephone number. 106A.20. Penalties. Unless otherwise specified, violations of this chapter are declared to be misdemeanor offenses and are punishable by a fine of up $1000 and/or 90 days in jail. 106A.21. Quarantine of Unvaccinated Animal. The owner of an animal that inflicts a bite on a human shall provide to animal control evidence that the animal is current on its May 8, 1998 - update 318 e- 3Z ,T Chapter 106A —Animals rabies vaccination. Animal Control may seize and hold such animal at the City's animal pound for a period of not less than 10 days if evidence of a current rabies vaccination is not presented or otherwise of record. The animal may be reclaimed by the owner upon payment of impounding and boarding fees. A animal not reclaimed under this subdivision within seven days may be disposed of and the owner is liable to the animal control authority for costs incurred in confining and disposing of the animal. May 8, 1998 - update 319 Meeting REQUEST FOR COUNCIL ACTION Date. 1110541 GENOA SECTION ORIGINATING DEPT: ITEM NO. Rochester Public Utilities D u / ITEM DESCRIPTION: PREPARED BY: Consideration of Public Utility Board Action Kathy Wilson The Rochester Public Utility Board has approved the following on October 30, 2001 and requests the Common Council's favorable consideration: to approve a resolution to approve a purchase order agreement with NGK-Locke, Inc. for insulators. The amount of the purchase order agreement to be $85,520.00 and NGK-Locke, hic. being lowest responsible bidder. to approve a resolution to approve a purchase order agreement with Thomas & Betts/Energy Product Sales for steel transmission structures. The amount of the agreement to be $105,074.00 and Thomas & Betts/Energy Product Sales being lowest responsible bidder. to approve a resolution to approve a contract agreement with L.E. Myers Company and that the Common Council authorize the Mayor and the City Clerk to execute the agreement for the 161kV Ql/Q2 Transmission Line Construction. The amount of the contract agreement to be $683,346.81 and L.E. Myers Company being lowest responsible bidder. to approve a resolution to approve a purchase order agreement with Alstom USA, Inc. for circuit breakers. The amount of the agreement to be $109,780.00 and Alstrom USA, Inc. being lowest responsible bidder. to approve a resolution to approve a purchase order agreement with Border States Electric/Cooper Power Systems for transformers. The amount of the purchase order agreement to be $33,912.00 and Border States Electric/Cooper Power Systems being lowest evaluated bidder. to approve a resolution to approve an amendment to the engineering services agreement with Bums and McDonnell (Contract 99-16-E dated December 20, 1999) for engineering services. The amount of the amendment to be $498,000.00 and the total amount of the contract not to exceed $1,698,000.00. to approve a resolution to approve a contract agreement with Ulteig Engineers, Inc. and that the Common Council authorize the Mayor and the City Clerk to execute the agreement for additional engineering services. The total amount of the contract agreement to be $493,000.00. GENERAL MANAGER: [[[ ��' COUNCIL ACTION: Motion by: Second by: to: Agenda Item # 3. a. SUBJECT: FOR BOARD ACTION Meeting Date: Consideration of Bids 161kV Polymer Post Insulators Steven J. Cook �' PREPARED BY: Senior Electrical Engineer ITEM DESCRIPTION: 10/30/01 On October 16, 2001, four responsible bids were received to supply 421, 161kV polymer post insulators for the upgrade of the Q1/Q2 transmission line. The Q1/Q2 transmission line is located between Silver Lake Substation and Chester Substation. The bids were opened and all bidders submitted bid bonds and met the requirements of the bid. The bids are listed below: Bidder Bid Amount NGK-Locke, Inc. $82,520.00 Border States Electric/Ohio Brass $83,802.15 Sediver, Inc. $88,410.00 MacLean Power Systems $111,038.75 UTILITY BOARD ACTION REQUESTED: It is recommended that the Board approve a purchase order agreement with NGK-Locke, Inc. for $82,520.00 for the purchase of 421 insulators. Rcv�2w�d 10-2.2-W WV\'4r GeTieral Manager /D Date z Agenda Item # 3. b . SUBJECT: PREPARED BY: ITEM DESCRIPTION: FOR BOARD ACTION Meeting Date: Consideration of Bids Steel Transmission Structures Steven J. Cook Senior Electrical Engineer 10/30/01 On October 9, 2001, two responsible bids were received to supply four steel transmission structures for the upgrade of the Q1/Q2 transmission line. The Q1/Q2 transmission line is located between Silver Lake Substation and Chester Substation. All bidders submitted bid bonds and met the requirements of the bid. The bids are listed.below: Bidder Bid Amount Thomas & Betts/Energy Product Sales $105,074.00 Valmont PolesBergstrom-Verbarg Co. $137,837.00 UTILITY BOARD ACTION REQUESTED: It is recommended that the Board approve a purchase order agreement with Thomas & Betts/Energy Product Sales for $105,074.00 for the purchase of four steel transmission structures. 14-N\:cwe8 10-Z3- O( Wh''�- 4W4 414- /O -d/ Ge#ral Manager Date r Agenda Item # 3. c . FOR BOARD ACTION Meeting Date: SUBJECT: Consideration of Bids 161kV Ql/Q2 Line Construction IREPARED BY: Steven J. Cook c4w Senior Electrical Engineer ITEM DESCRIPTION: 10/30/01 On October 18,2001, five responsible bids were received for the rebuild of the Q1 and Q2 transmission lines between Silver Lake Substation and Chester Substation. All bidders submitted bid bonds and met the requirements of the bid. The bids are listed below: Bidder and Home Office Hooper Construction Co., Madison, WI L.E. Myers Co., Marshalltown, IA MJ Electric, Inc., Iron Mountain, MI PAR Electrical Contractors, Inc., Des Moines, IA Donavan Construction, Little Canada, MN The work is expected to be completed by June 2002. UTILITY BOARD ACTION REOUESTED: Bid Amount $ 821,265.30 $ 683,346.81 $ 973,697.00 $1,042,727.51 $ 871,397.07 It is recommended that the Board approve a construction contract agreement with L.E. Myers Company for $683,346.81 for the Q1/Q2 transmission line construction project. R�v�ew�4 ID-23-0I WAf, Ga eral Manager /o-A3-0/ Date 3 Agenda Item # 3. d. SUBJECT: FOR BOARD ACTION Meeting Date: CONSIDERATION OF BIDS OUTDOOR CIRCUIT BREA PREPARED BY: Greg Woodworth /VV Engineering Manager ��( ITEM DESCRIPTION: 10/30/01 Five responsible bids were opened on Friday, October 19, 2001 for furnishing two outdoor power circuit breakers. These breakers will be used for the Q1/Q2 upgrade at Chester Substation. Alstom USA, Inc. is the lowest responsible bidder. Since RPU has purchased six of these breakers for previous projects, the purchase of additional spare parts is not necessary. UTILITY BOARD ACTION REQUESTED: It is recommended that the Utility Board request Common Council approval of a purchase order agreement with Alstom USA, Inc. for $109,780. gC,C-eWCL� 10-23-01 W11�, General Manager K%J D -2 6-0 Date PUBLIC UTILITIES 3� 1� FOR BOARD ACTION Agenda Item # 3. e. Meeting Date: 10/ 30/01 SUBJECT: CONSIDERATION OF QUOTES THREE PHASE PAD -MOUNTED AUXILLIARY TRANSFORMERS PREPARED BY: Neil Stiller Senior Electrical Engineer ITEM DESCRIPTION: On October 21, 2001, four responsible quotes were received to supply auxilliary transformers for the Cascade Creek Combustion Turbine 92 project. The specification requested a base price and specific delivery requirements. These were the principle basis for evaluation as stated in the specification. The specification called for no loss evaluation due to the specific project application. Vendor Manufacturer Lead Time Price Each Wesco ABB 6-7 Wks $26,100.00 Wesco ABB alternate 6-7 Wks $22,561.00 Resco Pauwels 12-14 Wks $18,644.00 Border States Cooper 10-12 Wks $16,956.00 Burmeister Howard Industries 14-16 Wks $13,677.00 Due to contract commitments with the balance of the combustion turbine #2 project, delivery schedule is very important. Therefore it is recommended to disqualify the Burmeister/Howard Industries quote due to non-compliance to specification. UTILITY BOARD ACTION REQUESTED: It is recommended that the Board reject the Burmeister/Howard Industries bid due to non-compliance to specification, and approve a purchase order agreement for $33,912.00 with Border States Electric/Cooper Power Systems as lowest evaluated bidder for three-phase pad -mounted auxiliary transformers. ReV�ewed 10-2Li-o1 WY,4- d� 2lvt tto�� r o 26-0/ Gen ral Manager r<d-L,) Date FOR BOARD ACTION Agenda Item# 4 Meeting Date: 10/30/01 SUBJECT: Bums and McDonnell — Additional Engineering Services for Cascade Creek Gas Turbine Unit 2 PREPARED BY: Wally Schlink, Manager of Power Production ITEM DESCRIPTION: In August of 1999 the Utility Board approved the Power Supply Plan, which accepted SMMPA's Contract Rate of Delivery and established Rochester as a partial requirements member of the agency. The Power Supply Plan also included the installation of a gas turbine as a primary source to meet the future capacity and energy growth of the Rochester electric system. In November 1999, RPU received a proposal from Burns and McDonnell to provide engineering design and field services for the gas turbine project. In December 1999, RPU staff brought the proposal forward to the Board and an agreement for Bums & McDonnell to provide engineering services on a time and material basis and a preliminary estimate of fees of $1,200,000 was approved at that meeting. We have been operating under this preliminary proposal throughout the development of the project. As in all preliminary estimates there were several assumption made based on the anticipated scope, project design, site conditions, specification development, schedule and resident engineering time required to complete the project. The scope of this project has varied greatly since the preliminary estimate. The successful supplier of the gas turbine was Pratt & Whitney, which requires multiple foundations instead of the single foundation of most turbine manufactures. In addition, the size of the project doubled from a 25-megawatt turbine generator to its current final capacity of 50 megawatts. The soil boring reports indicated extremely poor soil loading ratings at the site of 500 p.s.i. which required 150+ drilled and poured pier foundations for all major equipment. Attached is correspondence from Bums and McDonnell detailing the preliminary estimate sections that were inadequate to meet all the design and residential engineering requirements of the final project scope and the estimated additional costs to meet those requirements. After review and discussion with RPU staff, Bums and McDonnell agreed to limit the total of the additional engineering costs to $498,000, which would be a cap of $1,698,000 for the gas turbine project. The project has been set up in a multiple contract format with Burns & McDonnell providing architectural and engineering services and RPU being the project manager. RPU staff has been very pleased with the performance of Burns and McDonnell and feels that they have provided a quality service to the utility. Staff has also reviewed the additional cost requirements and attests that they are necessary and reasonable to bring the gas turbine project to a successful completion. The engineering Ge ral Manager Date �qc FOR BOARD ACTION Agenda Item # Meeting Date: Costs, as a percentage of the total project budget, is approximately 8.2%, which is reasonable and within customary engineering guidelines. RPU project staff will be in attendance to make a short presentation, discuss progress and overall costs of the gas turbine project and to answer any questions. UTILITY BOARD ACTION REQUESTED: Staff recommends that the Board approve a resolution requesting the Cornmon Council to approve additional engineering fees, not to exceed $498,000 under the terms of the existing engineering services agreement with Bums and McDonnell to provide professional engineering services as required for completion of the installation of the Cascade Creek gas turbine. General Manager Date �z/ i FOR BOARD ACTION Agenda Item # 5 Meeting Date: SUBJECT: Contract for Engineering Services Amendment Chester Substation Upgrade PREPARED BY: Greg Woodworth ITEM DESCRIPTION: 10/30/01 At the June 27, 2001 meeting the Board approved an agreement with Ulteig Engineers, Inc. to upgrade the 161kV Q1 Transmission Line, which connects Silver Lake and Chester Substations. A copy of the May 27, 2001 FBA is attached. Chester Substation is our interconnection point with Dairyland Power Cooperative. It consists of a Dairyland substation and an RPU substation that are separate fenced areas but are electrically connected. In early design meetings with Dairyland between July 9`a and August 10`h, we found that the upgrade could not be completed by May 1 as required in our contract with NSP if Dairyland had to accommodate the Q1 upgrade with design and construction in their part of the substation. In order to complete the Q1 upgrade in the time frame required, we will perform the required construction in our portion of the substation. Although this is a scope increase in the Ulteig design engineering contract it has no effect on the project budget! The work required is essentially the same; the only difference is who will be performing the work. In our original plan, Dairyland would be performing the engineering and construction to accommodate the upgrade and we would be paying Dairyland for completing the design and construction and procuring the required equipment to be installed and owned by them. Under the revised plan, Ulteig Engineers is performing the design, RPU is procuring the equipment directly, and a combination of RPU and contractor forces will be performing the construction and testing and RPU will own and control the modification. A copy of the modified contract is also attached. The changes to the contract are highlighted and Exhibit D is added to the contract. Exhibit D is a slightly modified form of the attached letter. UTILITY BOARD ACTION REQUESTED: It is recommended that the Board request the Common Council to approve a contract amendment with Ulteig Engineers, Inc on Contract 01-13-E dated July 2, 2001 to change the amount of the total contract from $400,000 to $493,000 to provide additional- professional engineering services per the attached letter dated September 27, 2001. �eWed M-zz-CA Wh9— Date UTILITIES REQUEST FOR COUNCIL ACTION MEETING DATE: 11 /5/01 - "NDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works 1) - U ITEM DESCRIPTION: Sole Source Procurement of Equipment: Sanitary Sewer Flow Monitoring Equipment. 7EPARED BY: D. Nelson'Pn' In March 1999, the City entered into a Professional Services Agreement for an analysis of its sanitary sewer system. The initial focus of this study was to determine the sources of infiltration and inflow of water into the sanitary sewer collection system and identify cost effective solutions to reduce I & 1. As a part of this study, it has become necessary to conduct long-term monitoring of sanitary sewer flow data and rainfall data for periodic updating of system hydraulic modeling. This will enable city staff to determine when pipe capacities are being exceeded or about to be exceeded and to determine remedies to correct these situations. Remedies could include construction of parallel sewer mains, increased maintenance efforts, lining of pipe, or other courses of action. The Public Works Department identified the need to construct and install 10 permanent sites for sanitary sewer flow monitoring, 4 permanent rainfall -monitoring sites, and a main data storage and analysis site at the Water Reclamation Plant. At the March 5, 2001 Council meeting, the City Council approved the Sole Source procurement of the initial 6 flow meters with Marsh-McBirney, Inc. Marsh-McBirney is the only manufacturer of radar -based flow monitors. We are requesting Sole Source procurement with Marsh-McBirney, Inc. for the remaining 4 flow meter sets at $58,072. The project has been included and approved in the 2001 Capital Improvement Program, Sewer and Water, Project #I, J-2179 and is funded by retained earnings from the Sewer Utility-4330. COUNCIL ACTION REQUESTED: Adopt a resolution authorizing the City to sole source purchase sanitary sewer flow monitoring equipment from Marsh-McBirney, Inc. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11/5/01 .NDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works 1) ITEM DESCRIPTION: Professional Services for Rose Harbor Regional Stormwater Pond PR PARED BY: (J-9868) k X D. Nelson V1-` Construction of regional stormwater pond be-p2.18 has been proposed to serve a portion of the Rose Harbor area. Waterway capacity problems currently exist from the Marion Rd area to the new development area within Rose Harbor. Construction of the pond is needed to alleviate these existing capacity problems as well as to mitigate the increased runoff from additional development. McGhie & Betts, Inc., proposes to provide preliminary engineering services for the analysis and design of the pond, as well as the waterways both upstream and downstream of the pond, on an hourly basis not to exceed $15,000.00. Staff recommends a professional services agreement be entered with McGhie & Betts, Inc. for preliminary engineering services. Funding for the preliminary engineering services will be from J2137, collected Stormwater Management Area Charges. COUNCIL ACTION REQUESTED: Authorize the Mayor and Clerk to sign a Professional Services Agreement with McGhie & Betts, Inc., for preliminary engineering design services associated with Rose Harbor Regional Stormwater Pond bc- p2.18, for an amount not to exceed $15,000.00 (J-9868). COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING 7/ DATE: 11-5-01 `^'ENDA SECTION: ORIGINATING DEPT: CONSENT AGENDA Public Works ;;] ITEM DESCRIPTION: n Removal of Traffic Semi-diverter 26 Street & Northern Viola Lane NE The City has received a request to remove this semi-diverter. The request has come thru the local Council member, Mac Evans. The Rochester Police Department has been actively enforcing the 261h Street NE Semi-diverter, but many violations occur. The Police Department receives calls for enforcement, but cannot be there at all hours. The calls come from the citizens of the neighborhood. They state they would like to see the semi-diverter removed. The semi-diverter was originally installed as a result of a petition from the neighborhood. There was concern that traffic from outside the neighborhood would use the street as a short cut to the CSAH 22 and to the commercial development along CSAH 22. The extension of Viola Heights Drive is being constructed this year. The concrete curb is going in this week. Soon there will be building permits authorized for the adjacent lots. This extension will provide a north exit from the neighborhood and may reduce the demand for sneaking out thru the 261h Street semi-diverter. Department Recommendation: The Department of Public Works recommends that the City Council order the traffic semi-diverter removed and the pavement replaced yet this year. .Semi-'diverter `, Cf) I 261H ST NE m - -- i rn z - rn ------_-__. p 1_.. i COUNCIL ACTION REQUESTED: Adopt the prepared resolution deleting paragraph (5) of Section M "Neighborhood Traffic & Parking Control' of the Comprehensive Traffic and Parking Resolution Book, which reads: (5) 26th Street NE east of Viola Heights Drive NE, an eastbound Semi-semi-diverter. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 7 2/21/01 A^�NOA SECTION: ORIGINATING ❑EPT: ITEM NO. CONSENTAGENDA Public Works ITEM DESCRIPTION: Parking Restriction on Technology Drive NW PREPARED BY: ,,,,--D. Rossman This is a recommendation to restrict parking on the south side of Technology Drive NW from Valleyhigh Drive to CSAH 22. This is a new roadway with a width of 36 feet, which normally would allow I lane in each direction and parking on one side in commercial or industrial areas. However, there is substantial truck traffic generated by the manufacturing and warehouse industries. In addition, there has been heavy parking occurring on both sides of the road. This issue has been discussed with representatives from Pemstar and Mayo Warehouse staff. Sufficient off-street employee parking is available. Staff recommends the a proval of the parking restriction. 1 Lti m 1 CfiiVfJtOf�DRIV!-N1N— --- \,t ` •. y 0— 2 CD it 7Z {v� r _ ---+A 1� I COUNCIL ACTION REQUESTED: Adopt the prepared resolution adding paragraph (320) to Chapter B "No Parking" of the Comprehensive Traffic and Parking Resolution Book to read: (320) Technology Drive NW on the south side from Valleyhigh Drive NW to CSAH 22 (West Circle Drive, at all time. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11-5-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works —/ ITEM DESCRIPTION: Diagonal Parking near Central Park PREPARED BY: �, J Rossman A request was received from Mr. Ken Zubay owner of the Broadstreet Restaurant to add Diagonal Parking in various locations. The following two locations have been studied. Both have parallel parking at this time, and the parking is very heavily used. Additional parking in this area is needed. The accident rate of the existing diagonal parking roads has been reviewed, and the rate is very similar to parallel parking sections. Staff has reviewed the geometric requirements for diagonal parking, and these two streets meet all the established criteria. Staff recommends in favor of the change. 1. First Avenue NW from 2ed Street to 3Id Street, west side of the road. Currently there is diagonal parking on the east side of this street and parallel on the west with one northbound traffic lane and two southbound traffic lanes. Eliminating one of the southbound traffic lanes and converting the parking to diagonal would gain approximately 10 additional spaces. The Mayo Clinic Parking Staff has reviewed the request and concurs. 2. Second Avenue NW / 200 block, cast side of the road. Currently there is parallel parking on both sides of the street and one lane of traffic in each direction. The pavement width is sufficient to convert one of the parking lanes to parallel and keeping the two traffic lanes. Approximately 10 parking spaces would be gained. The east side is recommended for diagonal parking. i COUNCIL ACTION REQUESTED: Adopt the prepared resolution amending the Comprehensive Traffic & Parking Resolution Book as follows: Amending paragraphs (10) and (11) of section A Angle Parking to read: 10) First Avenue NW, on the both sides from Second St. to Third Street NW. 11) Second Avenue NW, on the east side from Second to Third Street. COUNCIL ACTION: motion by: Second by: to: Zr M rru� ti14 o, w U Cl) MN 3AV ONZ raven REQUEST FOR COUNCIL ACTION MEETING w�-cNDA SECTION: CONSENT AGENDA ORIGINATING DEPT: ITEM DESCRIPTION: Truck Loading Zone 3`d Avenue SW/200 block Public Works DATE: 11-5-01 ITEM NO. _r-) --/% PREPARED BY: D. Rossman The City has received a request for a Truck Loading Zone to be used for trucks coming to the Mayo and the Gonda Loading docks. The request came from Mr. Michael Ziemann, Supervisor of Parking and Transportation for the Mayo Clinic (266-4854). The loading zone is needed for trucks staging near the docks. The request is for one space on the east side of 3`d Avenue SW, just south of 2"d Street. This area is presently used for metered parking. Truck Loading Zones are established in accordance with Section 134.14 of the Rochester Code of Ordinances, which reads: 134.14 Truck Loading Zones. No person shall park a vehicle, other than a commercial vehicle, in any space established by the Council as a truck -loading zone, and so signed and marked, during the hours when the regulations, applicable to such truck loading zones are effective. Commercial vehicles may park in designated truck loading zones for the purpose of loading and unloading commodities and for no other purpose, and such stops shall not be for a longer period of time than necessary to accomplish such purpose. In no case shall the stop for loading or unloading commodities exceed THIRTY MINUTES. Staff has reviewed the request and recommends its approval. ...... — - I ' L:j F 3Rn ST SW -- -) I -___.- COUNCIL ACTION REQUESTED: Adopt the prepared resolution adding paragraph (19) to Section D "Truck Loading Zones" of the Comprehensive Traffic and Parking Resolution Book, to read: (19) Third Avenue SW, on the east side of the street, from 2"d Street SW south a distance of 40 feet more or less, a staging area for the Mayo and Gonda Building, from 6:00am to 4:00pm, Monday -Friday. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: "'NDA SECTION: I ORIGINATING DEPT- I ITEM NO. REPORTS and RECOMMENDATIONS I Public Works I ITEM DESCRIPTION: Land Acquisition - Storm water facilities to serve Section 7 (J P PARA 2468) Lo M. The City Council previously authorized the creation of a storm water management district for Section 7 in Cascade Township. The City has also previously retained Bonestroo and Associates to perform a study for storm water management facilities to serve the area of Section 7 in northwest Rochester lying West of 50th Avenue NW and north of 55th Street NW. The study provided various options to manage the storm water runoff from future development. All of the options included the acquisition of land area for the construction of the stormwater facilities. Staff would request authorization to retain consultants for the real estate acquisition process for the storm water facilities. Staff also requests the authorization to negotiate and settle with the land owners for the needed land rights for a value not to exceed 15% of the appraised value. If negotiations do not progress Staff would also request authorization, at the direction of the City Administrator, to begin the 90 Day Quick Take eminent domain process. This process may be needed to maintain the current schedule to construct the project in 2002. Staff will continue to negotiate towards a settlement during the condemnation process. Concurrent with the acquisition process the design of the storm water basins will need to occur to provide construction in 2002. Staff would also request authorization to retain Bonestroo and Associates for the design for the storm water facilities. COUNCIL ACTION REQUESTED: 1. Adoption of a resolution authorizing the staff to retain consultants, negotiate/acquire the needed real estate at a value not to exceed 15% above the appraised value, and authorize the use of the 90 day "Quick Take" for land acquisition associated with the Section 7 Stormwater facilities project. 2. Authorize the Mayor and City Clerk to execute a Professional Service Agreement with Bonestroo for the design of the storm water facilities necessary to provide stormwater management for Section 7, Cascade Township COUNCIL ACTION: Motion Second to: REQUEST FOR COUNCIL ACTION MEETING DATE: AGENDA SECTION: CONSENT AGENDA ITEM DESCRIPTION: Land Acquisition - (J9748) ORIGINATING DEPT: ITEM NO_ Public Works D - PRPARED BY: ,;J ' M. Nigbur'`I%l City staff pursued acquisition of the needed property for the project using the state acquisition requirements. Based on the continued negotiations between the City and the Owner a preliminary settlement has been reached. The terms of the settlement include payment to the Owners. By settling the acquisition with the Owners the City and Owners have avoided the cost of condemning these properties. The following property Owners have agreed to provide the right of way in exchange for payment:: • Mr. Freetly - settlement amount $3,000 COUNCIL ACTION REQUESTED: Authorize the Payment for the needed land rights for the above referenced property owner COUNCIL ACTION: Motion by: Second by: Io: REQUEST FOR COUNCIL ACTION MEETING i / i A^�NOA SECTION: r�•rt>�i,ris�a�.m ORIGINATING ❑EPT: Public Works DATE: 11 /5/01 ITEM NO. ITEM DESCRIPTION: Lana Acquisition - 5ettiement Tor oU' Avenue Ivvv (uar1ts) PREPARED BY: , I,�f M. NigburM.�, City staff pursued acquisition of the needed property using the state acquisition requirements. Based on the continued negotiations between the City and the Owner a preliminary settlement has been reached. The terms of the settlement include payment to the Owners. By settling the acquisition with the Owners the City and Owners have avoided the cost of condemning these properties. The following property Owners have agreed to provide the right of way in exchange for payment:: • Mr. and Mrs. Kerwin settlement amount $23,000 (appraised value was $18,500) • Mr. and Mrs. Granrud settlement amount $53,300 (appraised value was $48,800) COUNCIL ACTION REQUESTED: Authorize the payment for the needed land rights for the above referenced property owners COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11/5/01 A^cNDA SECTION: ORIGINATING ❑EPT: ITEM NO. CONSENT AGENDA Public Works 0 ITEM DESCRIPTION: Real Estate — Settlement Agreement for Right of Way Acquisition 7PARED BY: for the Badger Run Sewer Project — J9745 M. Nigbur'r+bjl The City's WQPP project to extend sanitary sewer to serve portions of Marion Township required the procurement of easements. City staff pursued acquisition of the needed property using the state acquisition requirements. Based on the continued negotiations between the City and the Owner a preliminary settlement has been reached. The terms of the settlement include payment of $2,000 per average size acquisition and $2,500 for larger acquisitions. By settling on the acquisition cost with the Owners the City has avoided the cost of condemning these properties. The following property Owners have agreed to provide the easement in exchange for payment: • Mr. & Mrs. Shanahan $2000 • Mrs. Ramanauskas $2000 l I �') { ..I t Sewer Route I (_ i'r h •.1 gtyvSN CT Shanahan Rananuaskas COUNCIL ACTION REQUESTED: Authorize the payment for the needed easements for the above referenced property owners. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING 13 --NDA SECTION: ORIGINATING DEPT: CONSENT AGENDA I Public Works ITEM DESCRIPTION: Development Agreement — Bendel Business Center DATE: 11/5/01 ITEM NO. --1Z BARED BY, M. Nigbur �v The developers of Bendel Business Center, to be located West of Bendel 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, and signage. • Owner's payment of the assessments, development/connection related charges including SAC, WAC, 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. COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the Development Agreement for the Bendel Business Center with C & S Enterprises, inc. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11-5-01 Ar'rNDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works ITEM DESCRIPTION: Speed Zone Study 4151 Street NW: TH 52 to CSAH 22 EPARED BY: 0R. Freese The City Public Works has received a request from the Police Chief to have the speed zone reviewed on 41 street NW from TH52 to CSAH 22. Additionally Mn/Dot notified the City that the current speed limit of 30 M.P.H. was not the appropriate speed limit for this road. The City Council set the speed limit at 30 M.P.H. when the new road was opened several years ago. There has been substantial change in the roadway and the adjacent land use. A traffic signal has been added at one intersection, and an all -way stop at a second intersection. This would justify a review of the speed limit. The road is designated as a collector on the ROCOG Thoroughfare plan. It has two traffic lanes in each direction a center left -turn lane in the section from TH52 to 315t Avenue. Staff recommends that an official request be sent to Mn/Dot to have this speed zone reviewed. The Police Chief also requests that the existing speed limit of 30 M.P.H. be removed because it is not enforceable according to Mn/Dot. Staff recommends that a new interim speed limit be established of 40 M.P.H. until such time as the "official' speed study is completed. uA-y COUNCIL ACTION REQUESTED: 1) Adopt the prepared resolution requesting Mn/Dot to conduct a review of the existing speed zone on 41Street NW from TH52 to CSAH 22 2) Establish an interim speed limit of 40 M.P.H. on 41't Street NW from TH52 to CSAH 22. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING J s 4' DATE: 1115/01 A^�NDA SECTION: ORIGINATING DEPT, ITEM NO. CONSENT AGENDA Public Works �— ITEM DESCRIPTION: Owner Contract — Watermain & Hydrant to Serve Civic Drive PREPARED BY: Plaza — Jack Prow Property (J9829) M. Baker Background: Execution of a City -Owner Contract was authorized for this project at the August 20, 2001 Council meeting. The City has not executed the Contract authorized by Council on 8/20/01, because the Contractor has not submitted Bond & Insurance documentation for the project. At this time the Owner is requesting that the Contractor be changed from Rochester Construction Co., to Road Constructors, Inc Current Request: Staff would offer the following Owner Contract project for consideration by the Council: The Prow Company (Owner) & Road Constructors Inc. (Contractor) are requesting a City / Owner Contract J9829 consisting of "Watermain & Hydrant to Serve Civic Drive Plaza (Jack Prow Property)". The City is in receipt of Bonds and Insurance documentation for this project from the new contractor, Road Constructors, Inc. If Council approves this request, the previously authorized Contract can be discarded, as it is not executeed the City _I I Q� COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9829, "Watermain & Hydrant to Serve Civic Drive Plaza (Jack Prow Property)" COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11 /5101 �ENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works i ITEM DESCRIPTION: Advertisement for Bids, Demolition of Buildings at Eastwood PREPARED BY: Village, J2068 F J.',WellnerG District Court has authorized in Court File No. 55-C6-01-002937 the demolition of four 8-Plex buildings in the Eastwood Village. These four buildings are at the following addresses: 1950 8 % Street SE 2024 8'/2 Street SE 2032 8'/ Street SE 2048 8 Y2 Street SE Staff recommends the city demolish the four buildings and receive bids for the demolition of the four buildings and requests the council to order the advertising for these bids. COUNCIL ACTION REQUESTED: If the council wishes to proceed with the demolition of the four 8-Plex buildings in Eastwood Village at 1950, 2024, 2032 & 2048 8 % Street SE, a resolution to advertise for bids for building demolition should be adopted. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING 5-7 r DATE: 11 /5/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works L) -,:) ( 1- ITEM DESCRIPTION: STORMWATER MANAGEMENT AGREEMENT PREPARED BY: ". Baker y/ y The Department of Public Works has received a request on one (1) property, to voluntarily participate in the City's Regional Storm Water Management Plan (SWMP). This department has reviewed the information for this property and has determined that there is support for participation. The Owner has requested voluntary participation in the City's Plan, with the applicable participation fees as follows: Elmcroft Fourth Subdivision (Replat of Lots 20 & 21, Elmcroft 3`d) $3,189.83 The Owner has already provided payment for its respective charges. These funds will be deposited upon acceptance by the Council for the property to participate in the City's Plan. COUNCIL ACTION REQUESTED: Adopt a Resolution accepting voluntary participation by the above noted property, in the City's Regional Storm Water Management Plan. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING -5 , ' DATE: 1115/01 ^71VDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works 6 - :1 7 ITEM DESCRIPTION: Owner Contract — Basic Construction to Serve the 37 St PREPARED BY: i Theatres / ShopKo North Site (J9809) 11 F M. Baker + % Staff would offer the following Owner Contract project for consideration by the Council: GAC Theatres, LLC (Owner) & Rochester Sand & Gravel, a division of Mathy Construction, Inc. (Contractor) are requesting a City / Owner Contract J9809 consisting of "Basic Construction to Serve the 371h St Theatres (ShopKo North Site)". COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9809 "Basic Construction to Serve the 37t' St Theatres (ShopKo North Site)". COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11/5/01 er_FNDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works 7 ITEM DESCRIPTION: Owner Contract — Basic Construction in Badger Ridge Second PREPARED BY. Subdivision (J9779) M. Baker Staff would offer the following Owner Contract project for consideration by the Council: Badger Development II, LLC (Owner) & Road Constructors, Inc. (Contractor) are requesting a City / Owner Contract J9779 consisting of "Basic Construction in Badger Ridge Second Subdivision". a IihR Wyr M t M COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9779 "Basic Construction in Badger Ridge Second Subdivision ". COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11 /5101 I "^ENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda Public Works ITEM DESCRIPTION: Contribution Agreement — Brad & Lori Thatcher Property (Lots 1, PREPARED BY: P'V� 2, & 3, Block 1, Forest Hills 5th Subdivision) F M. Nigbur "`�Z► The Owners have indicated their intent to develop the property as a residential development, and have requested to enter into a Contribution Agreement with the City, to address their financial obligations for the paving of Edgewood Court SW, which is desirable to facilitate their proposed development. City Staff have prepared, and the Owner's have executed, a Contribution Agreement as discussed above, Staff recommends the Council approve the Contribution Agreement. I� "DEROSR M SW COUNCIL ACTION REQUESTED: XSTSW Authorize the Mayor and City Clerk to execute the Contribution Agreement for the Brad & Lori Thatcher Property (aka Lots 1, 2, & 3, Block 1, Forest Hills 5th Subdivision). COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING 11-05-01 DATE: Ar;FNnA SFCTION, ORIMNATINr; nFPT- PUBLIC WORKS ITFM N2 `I­� _ ] t_ , CONSENT AGENDA BUS PROCUREMENT SERVICES CONTRACT PRFPARFn RY- A KNAUER This is a request for approval to contract with First Transit of Cincinnati, Ohio to assist in a multi -year procurement of up to 28 buses over a 5 year period. (A summary of the proposed services is attached.) First Transit's proposal calls for assistance in development of the specifications and procurement documents and bid evaluation at a cost of $16,103. Pre -award and "Buy American' compliance audits would also be provided at a cost of $4,791 for a total cost of $20,894. The total cost of the procurement if all option buses are purchased is over 7 million dollars. PROCUREMENT PROCESS One task of the proposed contract calls for an evaluation of procurement options such as low bid versus an evaluated bid process. Staff at this time is favoring an evaluated bid process where points are given for qualifications, price, delivery schedule, use of components and seating capacity. (The criteria can vary but must be identified upfront.) This process provides for a two step submittal by the manufacturer with a final and best offer. St Cloud and Lacrosse recently used the evaluated bid process. Both indicated that they felt the process resulted in a better product at a better price and favorable delivery. FUNDING City currently has funding including approved State and federal grants and local share for the •The purchase of eight buses. The bid will call for the delivery of these eight buses with options for 20 additional. The option buses will be exercised as funding is secured. Price adjustments for future option buses will be based on the Producer Price Index for bus builders. Prior to any order for option buses changes in bus technology and features will be reviewed and handled on a change order basis. SCHEDULE The tentative schedule calls for bids the first part of February, 2002. At a minimum delivery of the first eight buses will be called for within 52 weeks or less. Option buses pending funding would be awarded 4 to 5 per year. CONSULTANT PROPOSALS Two proposals for this project were received. Based on their submittals First Transit has the most experience in procurement administration and the evaluated bid process. The firms were equal in inspection services. (This contract does not include inspection services at this time. That would be decided after award.) REQUESTED COUNCIL ACTION Adopt the prepared resolution approving a contract with First Transit for bus procurement services as per their proposal. UNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11/05/2001 .ENDA SECTION: ORIGINATING DEPT: ITEM NO: .-..nsent Agenda Water Reclamation Plant -- j ITEM DESCRIPTION: Advertise of Bids for the Digester Gas Piping (J-4382) PREPARED By: ��,1 and Hot Water Loop Piping (J-4388) Lyle J. Zimmerman Y The Water Reclamation Plant will be making modifications to the piping handling digester gas produced at the Water Reclamation Plant. These modifications will allow for more efficient use of the gas. Modifications will also be made to the hot water loop piping to Digesters No. 5 and No. 6 which will allow waste heat produced by the engine generators to be used in the digesters. In the future the engine generators will be turbo -charged and some preliminary work on the exhaust system will be included with these projects. Black & Veatch Corporation, consulting engineers, have completed a design for these improvement and have prepared bidding documents for this work. Council Action Requested: Approval to advertise for bids the 2001 Digester Gas and Heating Water Improvements for the Water Reclamation Plant. "OUNCIL ACTION: Motion by: Second by: To: REQUEST FOR COUNCIL ACTION MEETING DATE: 1115101 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. 0 CONSENT CITY ADMINISTRATOR D V 3Z ITEM DESCRIPTION: ORDERLY ANNEXATION AGREEMENT WITH MARION TOWNSHIP FOR CHESTER HEIGHTS PREPARED BY: G. NEUMANN The City staff previously provided a draft orderly annexation agreement to the Marion Township Board for the Chester Heights area. The intent of the agreement is to make provision for the annexation of the Chester Heights area without objection of Marion Township at such time as the boundary of the City of Rochester touches the Chester Heights area. Due to service inefficiencies the staff believes that the City would not be in a position where it would want to annex this area until other city services are in the immediate area. This proposed agreement closely follows previous agreements with Marion Township. Marion Township approved the agreement on October 23. The purpose of agreeing to the orderly annexation agreement at this time is that this will facilitate the efforts of the Chester Heights property owners to secure funding to correct a significant pollution problem that affects their drinking water supply and their homes. Several local government units have been cooperating to assist the property -owners in addressing this problem. The City has discussed reasonable terms under which the sewage flow from Chester Heights would be handled in the City's sanitary sewer lines and treatment plant at a significant savings to the property -owners. Marion Township has cooperated with the property -owners and with the City in their approval of the orderly annexation agreement. Olmsted County is cooperating in investigating funding for the project and other matters. Council Action Requested. Approval of the Orderly Annexation Agreement with Marion Township for the Chester Heights Area. COUNCIL ACTION: Motion by: Second by to: l Ll IGSTSE n n LAW OFFICES DuNLAP & SEEGER, P.A. RONALD L. SEEGER MARY H. DUNLAP MILTON A. ROSENBLAD 206 SOUTH BROADWAY, SUITE 505 WILLIAM P. VOLEMAR PAUL A. FINSETH MARQUETTE BANK BUILDING MARE E. FOSSE DANIEL E. BERND`r PO BOX 549 KEN D. SCHUELER JOHN B. ARNOLD ROCHESTER, MINNESOT.A 55903-0549 GREGORY J. GRIFFITHS PETER C. SANDBERG MICHAEL S. DIM TINA L. MOHR TELEPHONE. (507) 288.9111 SHARON C. ZEHE KENNETH R. MOEN KARI STONELAKE-HOPKINS W ILLIAM J. RYAN FAX' (507) 288.9342 AARON T. ALBOLD PAUL W. BUCHER FAX (507) 288-0812 CHRISTINA K STEVENS DOUGLAS A. BOESE ROBERT R. DUNLAP THOMAS W. JACOBSON (1915-1992) of Counsel AM. `SANDY" EEITH October 26, 2001 GARY NEUMANN ASSISTANT ADMINISTRATOR CITY OF ROCHESTER 201 — 4TH STREET SE ROCHESTER MN 55904 Dear Gary: Enclosed, please find the August 10, 1999, Resolution of the Marion Town Board of Supervisors establishing the Chester Subordinate Service District which has attached as Exhibit "A" a copy of the legal description with a map attached thereto for the Chester Subordinate Service District legal description in Marion Township, Minnesota. The Town Board at its continued meeting on Tuesday of this week approved the Orderly Annexation with the City with this legal description. If you have any questions in this matter, of course feel free to contact me. Thank you for your attention and assistance. Very truly yo iam P. Vo kmar --` WPV/jr Enclosure Cc: Roger Bjerke Gerald Campbell Jim Baier Janet Hoffmann Robert W. McIntosh BEFORE THE MINNESOTA MUNICIPAL BOARD OR ITS SUCCESSOR IN THE MATTER OF THE DESCRIPTION OF AN UNICORPORATED AREA IN MARION TOWNSHIP AS IN NEED OF ORDERLY ANNEXATION AND CONFERRING JURISDICTION OVER SAID AREA IN THE MINNESOTA MUNICIPAL BOARD OR ITS SUCCESSOR PURSUANT TO MINNESOTA STATUES §414.0325, Subd. 1 JOINT RESOLUTION FOR ORDERLY ANNEXATION (CHESTER HEIGHTS SANITARY SEWER DISTRICT AREA - MARION TOWNSHIP) WHEREAS, the City of Rochester (hereinafter "City") and Town of Marion (hereinafter "Town") agree that given the potential health threat from individual sewage treatment systems within the area designated in Exhibit A, there is a need for municipal sanitary sewer service; and WHEREAS, the City and Town agree that orderly annexation and the provision of municipal sanitary sewer service to areas needing such service would benefit the public health, safety and welfare of the entire community; and WHEREAS, the City and Town agree that there is a public need for the provision of City sewer in accordance with existing and future needs to promote the public health and safety by protecting the region's ground water supply and surface waters; and WHEREAS, the property described in the attached Exhibit A is presently urban or suburban in nature or about to become so, and the City is capable of providing public sanitary sewer facilities within a reasonable time; and WHEREAS, the provision of public sanitary sewer by the City can be provided if the process and timing of annexation is clearly identified and jointly agreed upon; and WHEREAS, the establishment of a process of orderly annexation of said lands will be of benefit to the residents and owners of said lands, and permit the City to make provision for a connection to the municipal sewer facilities in a planned and efficient manner; and WHEREAS, for the area designated in Exhibit A, the City and the Town desire to accomplish the orderly annexation of said area and the provision of municipal services in a mutually acceptable and beneficial manner without the need for a hearing before the Minnesota Municipal Board and, with the purpose of avoiding a dispute over the annexation of the property described in said Exhibit A, enter into this joint resolution for orderly annexation pursuant to Minnesota Statutes §414.0325, Subd. 1. NOW, THEREFORE, BE IT RESOLVED by the City of Rochester and the Town of Marion as follows: 0 1. The City and Town hereby designate that property situated in the Town of Marion, County of Olmsted, State of Minnesota, which is legally described on the attached Exhibit A, which is incorporated herein by reference, as in need of orderly annexation pursuant to Minnesota Statues §414.0325. For ease of reference, the area legally described in Exhibit A is shown on the attached map, Exhibit B. 2. The Town of Marion hereby withdraws any objections filed and agrees to not file any objections with the Minnesota Office of Strategic and Long -Range Planning ("State Planning"), concerning the City's desire or request to annex any of the property described on the attached Exhibit A, provided that the boundary of the corporate limits of the City has become contiguous at any point with the boundary of the Chester Heights Subordinate Sewer District described in Exhibit A. The Town of Marion further agrees that if it has filed any objections with the Minnesota Municipal Board or State Planning, to the annexation to the City of any of the property described in attached Exhibit A, the filing of this Joint Resolution with State Planning shall constitute sufficient notice of the withdrawal of the objections. 3. The lands designated in Exhibit A attached hereto shall be subject to future annexation to the City pursuant to the terms and conditions of this joint resolution and shall constitute the `orderly annexation area" otherwise described in this joint resolution. The City and Town agree that the area legally described in Exhibit A is designated as in need of orderly annexation and contains approximately acres. 4. Annexation under this joint resolution shall be initiated by the adoption of a resolution by the City upon the occurrence of the triggering event described in paragraph 2 above. No review by or recommendation from the City of Rochester Planning and Zoning Commission regarding the adoption of a specific annexation resolution is necessary, except as is hereinafter provided. The City may initiate annexation of any area designated in Exhibit A by submitting a resolution so providing, along with a copy of this Joint Resolution, to State Planning, the Town of Marion, and the Olmsted County Auditor/Treasurer. The resolution for annexation shall contain the boundary description of the area to be annexed and, pursuant to Minnesota Statutes Section 414.01, subd. 14 and Section 414.0325, subd. la, shall contain the City's estimates of the population and number of households contained in the area to be annexed and the estimate of electrical service cost differences at the time of annexation. The City and Town agree that no alteration of the stated boundaries is appropriate, that no consideration by State Planning is necessary, and that all terms and conditions for annexation of the area legally described in Exhibit A, or any portion thereof, are provided for in this Joint Resolution. Pursuant to Minnesota Statutes Section 414.0325, upon receipt of the City's resolution for annexation of the area described in Exhibit A, or any portion thereof, State Planning may review and comment, but shall, within thirty (30) days of receipt of said resolution, order the annexation of the area described in the resolution in accordance with the terms and conditions of this Joint Resolution. 5. Lands ordered annexed pursuant to this joint resolution shall not be subject to differential taxation as referenced in Minnesota Statutes §414.035. Property taxes payable on annexed land shall continue to be paid to the Town for the entire year in which the annexation becomes effective. If an annexation becomes effective on or before August 1 of a levy year, based on the date specified in the order from State Planning, the City may levy on the annexed area beginning with that same levy year. If the annexation becomes effective after August 1 of a levy year, the Town may continue to levy on the annexed area for that levy year. Thereafter property taxes on the annexed land shall be paid to the City. 2 6. The City shall, in appropriate circumstances, provide notification that the cost of electric utility service to the customers on the property subject to this joint resolution may change when the land is annexed to 0 City if and when the provider of electrical service is transferred from People's Cooperative Power sociation to Rochester Public Utilities. As of the date of this joint resolution, the estimate of the difference in overall electrical service costs between the two providers is minimal. A resolution of the City to annex certain property subject to this joint resolution, as referenced in paragraph 4, shall contain a cost estimate of any change in electric utility services, including rate changes and assessments resulting from the annexation. 7. Nothing in this joint resolution shall relieve the Town of its responsibilities for the regular and normal maintenance of the existing infrastructure of roads, drainage facilities, and street signs until the property described in the attached Exhibit A has been annexed into the City. 8. Disputes and Remedies. The City and Township agree as follows: a. Negotiation. When a disagreement over interpretation of any provision of this Joint Resolution shall arise, the respective City and Township will direct staff members as they deem appropriate to meet at least one time at a mutually convenient time and place to attempt to resolve the dispute through negotiation. b. Mediation. When the parties to this Joint Resolution are unable to resolve disputes, claims or counterclaims, or are unable to negotiate an interpretation of any provision of this Joint Resolution, the parties may mutually agree in writing to seek relief by submitting their respective grievances to non -binding mediation. C. Adjudication. When the parties to this Joint Resolution are unable to resolve disputes, claims or counterclaims, are unable to negotiate an interpretation of any provision of this Joint Resolution or are unable to agree to submit their respective grievances to non -binding mediation, either party may seek relief through initiation of an action in a court of competent jurisdiction. In addition to the remedies provided for in this Joint Resolution and any other available remedies at law or equity, in the case of a violation, default or breach of any provision of this Joint Resolution, the non -violating, non -defaulting, or non -breaching party may bring an action for specific performance to compel the performance of this Joint Resolution in accordance with its terms. 9. Modification/Amendment. This Joint Resolution shall not be modified, amended, or altered except upon the written joint resolution of the City and the Township duly executed and adopted by the City Council and Township Board of Supervisors and filed with State Planning. 10. Goveming Law; Severabilitv. This Joint Resolution for Orderly Annexation is made pursuant to, and shall be construed in accordance with the laws of the State of Minnesota. In the event any provision of this Joint Resolution is determined and adjudged to be unconstitutional, invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions of this Joint Resolution shall remain in full force and effect, and the parties hereto shall negotiate in good faith and agree to such amendments or modifications of or to this Joint Resolution or other appropriate actions as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties hereto. 11. Entire Agreement. The terms, covenant, conditions, and provisions of this Joint Resolution, including the present and all future attachments, shall constitute the entire agreement between the parties, superseding all prior agreement and negotiations, regarding the annexation area. This Joint Resolution shall be binding upon and inure to the benefit of the respective successors and assigns of the City and Town. 3 i 12. Effective Date: Termination. This resolution shall be effective immediately upon its adoption by the parties and its filing by the City and Town with State Planning. The obligations of the parties to one another ording to the terms of this resolution shall terminate at such time that the entire area designated in Exhibit A been annexed to the City, or at such time that the City and Town mutually agree in writing that this joint resolution shall be terminated. 13. Notices. Any notices required to be sent under the terms of this agreement shall be considered sufficient notice if mailed by first class U.S. mail to the City of Rochester, City Administrator's Office, 201 4"i Street SE, Rochester, MN 55904, and to the Town of Marion, Marion Town Clerk, 2850 Oakview Court SE, Rochester, MN 55904. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA THIS DAY OF ATTEST: 2001. PRESIDENT OF SAID COMMON COUNCIL CITY CLERK APPROVED THIS DAY OF 12001. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) PASSED AND ADOPTED BY THE TOWN OF , MINNESOTA, THIS DAY" OF ATTEST: TOWN CLERK Zone2000brder.annex.cheslerSSD, doc 200. CHAIRMAN OF TOWN BOARD EXHIBIT A CHESTER SUBORDINATE SERVICE DISTRICT MARION TOWNSHIP, MINNESOTA All of the S % of the SE % of Section 2, Township 106 North, Range 13 West, Olmsted Couni<. Minnesota, including all of Chester Heights; and All of the N % of the NE % of Section 11, Township 106 North, Range 13 West, lying North of the centerline of Through Highway No. 14, Olmsted County, Minnesota; and Beginning at the Northeast corner of the NW %< of Section 1 1, Township 106 North, Range 13. thence West 9 rods 4 feet, thence South 18 rods 4 feet, thence East 9 rods 4 feet to the East line of said NNV V,, thence 18 rods North along the East line of said NW % to the point of beginning; and also that part of the West 4 acres of the NE '/e of Section I , Township 106, Range 13, lying North of the railroad right-of-way in Olmsted County, Minnesota; and Commencing at the Northeast comer of the NW %,, thence South along the East line of the NW '/< to the intersection with the South line of the Chicago and Northwestem Railroad right-of- way for a point of beginning; thence continuing South along the East line of said NW '/. to the centerline of Through Highway No. 14; thence Northwesterly along the centerline of said Highway 565 feet; thence continuing Northwesterly along the centerline of said Highway 475 feet; thence Northeasterly 364.32 feet to the Southwesterly right-of-way line of the Chicago and Northwestern Railwav; thence Southeasterly along said railroad right-of-way 950 feet to the /4 point of beginning, all located in the NE' of the NW '/4 of Section 11, Township 106, Range 13 West, Olmsted County, Minnesota. That part of the NW % of Section 12, Township 106 North, Range 13 West, h ing South of the Chicago and Northwestern Railroad right-of-way and North of the centerline of Through Highway No. 14; less commencing at the intersection of the West line of the section and the centerline of Through Highway No. 14, then Southeasterly along said centerline 1,190 feet for a place of beginning, thence North 414.25 feet to the South right-of-wav line of the Chicago and Northwestern Railroad, thence Southeast along said South right-of-way line to the East line of said NW %, thence South along said East line 150.12 feet to the centerline of said Through Highway No. 14. thence Northwesterly along said centerline of Through Highway No. 14 to the place of beginning, all located in Section 12, Township 106 North, Range 13 West, Olmsted County, Minnesota; and The West 30 acres of the North 60 acres of the NW '/< of Section 12, Township 106 North, Range L3 West, lying North of the Chicago and Northwestern Railroad right-of-way, Olmsted County. Minnesota. REQUEST FOR COUNCIL ACTION MEETING 4{ > DATE: 11-05-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. "' IBLIC HEARINGS - Continued Item PLANNING z-_; „ �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 28th Avenue NW. November 1, 2001 Planning Department Review: See attached staff report dated November 1, 2001, recommending approval subject to the following modifications / conditions: 1. The applicant provide to the Public Works Department and the Planning Department copies of a private roadway easement to ensure adequate access to Lots 1-10, Block 1 and Lots 1.7, Block 4. The easement documents in recordable form shall be submitted with the final plat documents to the City for recording with the final plat documents 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 $55,950 will fulfill the dedication obligation of this plat has stated in the October 4, 2001 memo from the Rochester Park and Recreation Department. Outlot B shall be dedicated to the City after the applicant has graded, established turf and installed the sidewalk. 3. A temporary turn -a -round and associated easement shall be provided at the easterly end of Boulder Ridge Drive NW to the Public Works Department prior to recording the Final Plat documents. Council Action Needed: 1. A resolution approving the plat can be adopted. Distribution: 1. City Administrator 2. City Clerk 3. City Attorney 4. Planning Department File 5. Planning Department, GIS Division 6. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, November 5, 2001 in the Council Chambers at the Rochester / Olmsted County Government Center, 7. McGhie & Betts, Inc. F7 I U N C I L ACTI 0 N: mown by: Second by: to: M A' GOWZ- SO•Y1.Z0 Lriz _ . . .. S CYCIZ M ,I 9G21+� S 3 .g.o.zo S 7,y'6Y1 ; 0 .K +N cn b it �i y 3 ,$��•r � 41 f �OLceS R leis 00iow oo ka' N 28THI AVfHUE 31 \ y( r 6A !•I VI \ rit �- a6 4I \ WN \ \ \ m _.__\....� IIIl�� bra ' lei i w WIN L I • --- R ,, St� "-4 lit —1 I I iOri 1� [Vi4 a: i3ai+ve _ e q Ieva'or N O Y O M a an• M jI.TAN7 N M " W 0 tl 0 P. 1 3 0 4 tl [I yr ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 COUNTY OF www.olmstedcounty.com/planning TO: Rochester Common Council FROM: Brent Sveri Planner DATE: November 1, 2001 RE: Final Plat #01-10 to be known as Boulder Ridge Planninq Department Review: Applicant/Owner: Surveyors/Engineers: Referral Comments: Report Attachments: Plat Data: Arcon Development 7625 Metro Blvd. Suite 350 Edina, MN 55439 McGhie & Betts, Inc. 1648 Third Avenue SE Rochester, MN 55904 1. RPU Water Division 2. RPU Operations Division 3. Rochester Public Works 4. Rochester Fire Department 5. Rochester Public Works Department 6. Planning Dept. - Wetlands 1. Referral Comments ( 3 Letters) 2. Location Map 3. Copy of Final Plat lM�Wh�� �N�M-i�Oa-Alr Location of Property: The property is located along the east side of Bandel Road NW and south of the Bandel North Development. Zoning: Lots 1-10, Block 1 and Lots 1-7, Block 4 is zoned R-2 (Low Density Residential). Lots 1-6 Block 2 and Lots1-5, Block 3 is zoned R-1 (Mixed Single Family) on the City of Rochester Zoning Map. Proposed Development: This development consists of 27.41 acres of land to be subdivided into 11 lots for single family detached homes and 17 lots for single family attached homes. Two outlots are shown on the plat. Outlot A contains stormwater management facilities and wetlands. Outlot B will contain a mid -block pedestrian connection. BUILDING CODE 507/285-8213 - GISfADDRESSING/MAPPING 507/285.8232 - HOUBING/HRA 507/285-8224 PLANNING/ZONING 507/2B5-8232 - WELUSEPTIC 507/2B5-8345 FAX 507/287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 Boulder Ridge November 1, 2001 Streets: This plat proposes to dedicate right-of-way for one existing roadway and two new roadways. The first roadway labeled "Boulder Ridge Drive NW" is designed with 60' right-of-way with a 36' wide driving surface. This roadway will eventually provides a connection from Bendel Road NW all the way through the subdivision and intersect with 25th Avenue NW. The second roadway labeled "28th Avenue NW" is designed with 60' right-of-way with a 36' wide driving surface. The roadway continues to the north into the Bendel North First Subdivision. The plat also dedicates right-of-way for Bendel Road NW. Sidewalk: In accordance with current City policy pedestrian facilities including pedestrian ramps are required along both sides of all of the new roadways. The applicant has entered into a pedestrian facilities agreement to provide a 10' bituminous path along the east side of Bandel Road NW. Drainage: The grading and drainage plans have been approved by the City of Rochester Public Works Department. Wetlands: Minnesota Statutes now require that all developments be reviewed for the presence of wetlands or hydric soils. The applicant completed a wetland delineation and received an Exemption for the filling of a portion of the wetland. 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 $55,950. Payment is due prior to the recording of the final plat documents. The applicant will be required to grade, establish turf and install the sidewalk on Outlot B prior to deeding it to the City. General Development Plan: The proposed plat is consistent with the approved Boulder Ridge General Development Plan. Page 3 Boulder Ridge November 1. 2001 Preliminary Plat: A preliminary plat was approved for this property on June 4, 2001 with the following four conditions/modifications: 1. Pedestrian facilities are required along both sides of all new public roadways including along the road frontage of Outlet A and B. A 10' wide bituminous pedestrian path is required along Bandel Road. 2. Parkland Dedication shall be met via cash in lieu of land. Outiots A and 8 shall be dedicated to the City, with the pedestrian path constructed at the Developer's expense, concurrent with construction through the City -Owner Contract Process. The maximum finished grade for the pedestrian path shall not exceed 10%. 3. The Developer shall enter into a Development Agreement with the City of Rochester that outlines the obligations of the applicant relating, but not limited to; storm water management; park dedication; traffic improvements; pedestrian facilities; right of way dedication; turn lanes and contributions for public infrastructure. 4. The applicant shall complete a wetland delineation on the property and obtain the necessary permits for the wetlands prior to submitting the final 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 applicant provide to the Public Works Department and the Planning Department copies of a private roadway easement to ensure adequate access to Lots 1-10, Block 1 and Lots 1-7, Block 4. The easement document in recordable form shall be submitted with the final plat documents to the City for recording with the final plat documents 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 $55,950 will fulfill the dedication obligation of this plat has stated in the October4, 2001 memo from the Rochester Park and Recreation Department. Outlot 8 shall be dedicated to the City after the applicant has graded, established turf and installed the sidewalk. 3. A temporary turn -a -round and associated easement shall be provided at the easterly end of Boulder Ridge Drive NW to the Public Works Department prior to recording the Final Plat documents. ROCHESTER Minnesota DEPARTMENT OF PUBLIC TO: Consolidated PlanningDepartment WORKS P 201 4 Street SE Room 108 2122 Campus Drive SE Rochester, MN 55904-3740 Rochester, MN 55904 507-287-7800 FAX — 507-281-6216 FROM: Mark E. Baker DATE: 10/8101 The Department of Public Works has reviewed the application for Final Plat #01-10,on the Boulder Ridge property. The following are Public Works comments on this request: 1. A Development Agreement has been executed for this property. Charges/fees applicable to the development of this property are addressed in the Development Agreement, and City -Owner Contract for this property and include. Sewer Availability Charge (SAC) @ $1709.89 per developable acre Water Availability Charge (WAC) @ $1709.89 per developable acre Sanitary Sewer & Watermain Connection Charge for the Bandel Rd NW frontage @ $75.62 per foot of frontage. Trunk Watermain J9655 @ $18,000 lump sum Substandard Rd / TID J9860 @ 1917.04 per gross acre :• Contribution for First Seal Coat @ $0.47 per square yard of roadway surface. te Traffic Signs as determined by the City of Rochester Traffic Division: C:\WINNT\Profiles\plabsven\Temporary Intemet Files\01.1<931FP01-10 Boulder Ridge 5ubd.doc 40ROCHESTER PARK AND ROEATION DEPARTMENT 201 FOURTH STREET SE /G ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: October 4, 2001 TO: Jennifer Garness Planning RE: Preliminary #01-10 Boulder Ridge (REVISED 4/217/01) Acreage of plat.......................................................... Number of dwelling units ............................................. Dwelling unit density ................................................... Densityfactor............................................................ Dedication............................................................... Fair market value of land ............................................. 27.41 a 153 units 5.58 units/a .0244 3.73 acres $15,000 / acre The Park and Recreation Department recommends that dedication requirements be met via: Cash in lieu of land in the amount of $55,950 (3.73 acres X $15,000/a) with payment due prior to recordation of the final plat. Assuming that Outlot B is to be public property, the applicant should be required to grade,establish turf and install the sidewalks prior to deeding to the City. APPLICANT: Arcon Development 7625 Metro Bvld, Ste 350 Edina, MN 65439 0:\D9T0TZ\2001\DEDICATI0N\NW 289E\BOULDER RIDGE.DOC • 0 WETLAND COMMENTS FOR DEVELOPMENT APPLICATIONS Application Number: G � :t*1-10 L 4, t No hydric soils exist on the site based on the Soil Survey Hydric soils exist on the site according to the Soil Survey. The property owner is responsible for identifying wetlands on the property and submitting the information as part of this application. A wetland delineation has been carried out for the property and is on file with the Planning Department ,ZA wetland delineation is on file with the Planning Department and a No - loss, Exemption, or Replacement Plan has been submitted to the Planning Department. A wetland related application has been approved by the City. This plan incorporates the approved wetland plan. No hydric soils exist on the property based on the Soil Survey. However, due to the location in the landscape the property owner should examine the site for wetlands. The property owner is responsible for identifying wetlands. Other or Explanation From John Harford Wetlands LGU Representative November 5, 2001 E-Z Mayor and City Council Members City of Rochester RE: Final Plat Approval For Carriage Homes Dear Mayor and City Council Members: I worked for Carriage Homes as a Project Manager/Coordinator for 3+ years ending in 1998. My pay for services rendered was to be based on units completed (finished units). As of today, Carriage Homes owes me over $200,000.00 for services provided on the Meadowbrook project (Northwest Rochester off of 43`" St.). I have attached for your reference copies of the Arbitrator's Award and Judgment Summary (showing the Judgment docketed in Olmsted County) together with other supporting documentation. The reason I have been as yet unable to collect on this Judgment is because as Carriage Homes moves from project to project, they start up new corporate identities each time, running all new business through these new entities, apparently to prevent anyone from catching up to them. I know that these proceedings are not the proper forum in which for me to be trying to collect the amount due, but so far I have not been successful in pursuing my legal remedies. I wanted you to be aware of this situation, and I would deeply appreciate any help you might be in getting this matter resolved. Y rs truly, William S. Keehn General Contractor SD1030.1/010928:10221448 Judgment Summary First 55-C8-98-002426 Contract Date filed: 08/14/1998 WILLIAM KEEHN, CeAGE HOMES, INC., et al. : only creditors entered on ACVD with participant numbers are displayed. Entered: Docketed: at for $ 0.00 Debtors: 1 KEEHN, WILLIAM, Creditors: 000 Entered: 11/22/2000 Docketed: 12/13/2000 at 02:00 p.m. for $ 189,132.78 Debtors: 2 CARRIAGE HOMES, INC., 3 COTTAGE DEVELOPMENT COMPANY, Creditors: 1 KEEHN, WILLIAM, End of information SD1030.0/010928:10224957 Civil Disposition Inquiry Last 55-C8-98-002426 Contract Date filed: 08/14/1998 Title: WILLIAM KEEHN, 0vs. CARRIAGE HOMES, INC., et al. sposition: Closed Part.#/Debtor: MULT Name:Multiple Debtors Creditor(#'s N): 01 Comments:DOCKETED AGAINST CARRIAGE HOMES INC/COTTAGE DEVELOPMNT CO TRANSCRIBED TO STEELE,RICE,MOWER,CARVER,WASHINGTON COUNTIES Dates I Judgment Amounts Dispostn Judgment Docketed Time: 11/22/2000 11/22/2000 12/13/2000 200 * 2001 RATE = 6.00% -- Joint Debtors I 2 3 Next -Original- -Current Due- $ 189132.78 Judgment Principal $ 189132.78 $ Costs/Disbursements $ 10.00 $ Accrued Interest $ 1007.64 * 2001 Int. as of 09/28/2001 $ 8,425.477 Apply Current Year Interest -Yes No Yes $ 189,132.78 TOTAL JUDGMENT $ Total 2001 Interest Paid as of 07/13 198,575.90 $ 0.00 Executions Code:_ D A_dd/Update/Inquire/Return or efault Judgment Notice FC O1 02 03 04 06 07 11 12 Ryan & Grinde, Ltd. Attorneys at Law James P. Ryan, Jr. Paul H. Grinde Kristine L. Dicke Wayne L. Mehrkens Paul E. Deloughery January 23, 2001 a 407 lath street N.W. Post Office Box 6667 Rochester, Minnesota 55903.6667 COURT ADMINISTRATOR CIVIL DIVISION OLMSTED COUNTY GOVERNMENT CENTER 151 4TH STREET SE ROCHESTER MN 55904 (507) 282.8118 (507)282-2275 FAX rgattys@intonot.isi.net Toll Free 1-888-313-2088 RE: William Keehn v. Carriage Homes, Inc., et. al. Court File No. CS-98-2426 Our File No. 22/1066/98 Dear Court Administrator: The judgment in the above referenced matter was docketed in this court on December 13, 2000. At least 30 days have passed. To date, the judgment is not satisfied. Pursuant to Minn. Stat. Sec. 550.011, (a copy of which is. enclosed) please order the judgment debtor to mail by certified mail to the undersigned, who represents the judgment creditor, information as to the nature, amount, identity, and locations of all the debtor's assets, liabilities and personal earnings. If you have any questions or concerns, please feel free to contact me. Thank you. Very truly yours, RYAN & GRINDE, LTD. aul H. Grinde Attorney at Law PHG/tks Enclosure CC: Mr. Bill Keehn St. Charles Office: 313 West Sixth Street, P.O. Box 356, St. Charles, MN 55972-0356 AMERICAN ARBITRATION ASSOCIATION CONSTRUCTION INDUSTRY ARBITRATION TRIBUNAL In the Matter of the Arbitration between Re: 65 110 00065 00 William Keehn vs. Carriage Homes, Inc. and Cottage Development Company - Rochester, Minnesota ADMi1,11STRATOR: Jonathan B. Scherer 1, THE UNDERSIGN IM ARBITRATOR, having been designated in accordance with the Submission to arbitration entered into by the parties, and having been duly sworn and having duly heard the proofs and allegations of William Keehn ("Clsimane), and Carriage Homes, Inc. and Cottage Development Company ("Respondent') having failed to appear after due notice by mail in accordance with the Construction Industry Dispute Resolution Procedures of the American Arbitration Association, hereby, AWARD, as follows: Respondent shall pay to Claimant the sum of Out Hundred Thirty Eight Thousand One Hundred Seventy Nine Dollars and No Cents ($138,179.00) for unpaid claims on the following: Meadowbrook Phase I Meadowbrook Phase 11 Extras due to Keehn Respondent shall pay to Claimant attorney fees in the sum of Twenty Five Thousand Nine Hundred Twenty Seven Dollars and Sixty Seven Cents (S25,927.67). Respondent shall pay to Claimant pre judgment interest totaling S20,726.85 front January 12, 1998 through July 31, 2000. The Hudson claims are hereby denied. EXHIBIT M vC-�„ ^fit fi - --fi';ON 972490900E nr.t4ie \Cl n. _ 1 Re: 65 110 00065 00 William Keehn VS. Carriage Homes, Inc. and Cottage Development Company - Rochester, Minnesota Page 2 of 2 NO.0342 P, 5i The administrative fees and expenses of the American Arbitration Association ('tire Association") and the compensation and expenses of the arbitrator totaling S4,699.04 shall be borne by Respondent. Therefore, Respondent shall pay to Claimant the sum of S 1,149.04 representing that portion of Claimant's share of deposits previously advanced the Association. Respondent shall pay to Claimant post judgment interest on the above amounts at a rate of fi% per annum commencing 30 days from the date of this Award, till paid in full. The above sums are to be paid on or before 30 days from the date of this Award. This Award is in full settlement of all claims submitted to this Arbitration. All claims not expressly granted herein are, hereby denied. SIGNED: � irf �., DATED: Od Walt,B.Bo mnis A:b REQUEST FOR COUNCIL ACTION MEETING �,7 .' DATE: 11-5-01 AGENDASECTION: ORIGINATING DEPT: ITEM NO. -"'3LIC HEARINGS- Continued Item PLANNING-� t j �i4 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. November 1, 2001 The applicant has been laying sod on the areas in the first phase of the townhomes which previously had not been done. Sodding should be completed prior to the Council meeting on the 5 h. It also appears that the sidewalk has been constructed along Meadow Lakes Drive NW. Planning Department Review: See attached staff report dated November 1, 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 $29,640 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 documents assigning long-term maintenance of common lands and facilities shall be recorded concurrent with the final plat documents (mylars). 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. Staff suggests one condition of approval. See page 4 of the staff report. Distribution: p 1. City Administrator 2. City Clerk x ,. Pe Zz; �? cn 3. City Attorney P ti 4. Planning Department File 5. Planning Department, GIS Division 6. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, November 5, 2001 in the Council Chambers at the Rochester / Olmsted County Government Center. 7. South Eastern Engineering and Brand & Massey Surveying, Inc )UNCIL ACTION: Motion by: Second by. to: rn LO F- W LL � m Z (tJ Q W �_ F- �ZW m2w Zg-1 spa a _ nco o W m C)HLLL Z_ QZ LL 0 U L wie-wa �ami w ui�o-us u�.i .. i rwva H>t '+n••v+w a mm > xsot or M '� ' �. "�NI DNI833NI�N8 N2 3 Hy[lOS t.- z - Fo �.I � W oN N QW cEQ _ N ¢X Q W xm ms 2 MM 0 N n, --�- 1.. ,1 .,�f•� ,• Syr w,•, ]TH M ENGINEERING INC. w +eu ewi. o ne.e.w.r. �m eeew gym ROCHESTER-OLNISTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 Co h„ e, www.olmstedcounty.com/planning Rochester Common Council FROM: Brent Svenby, Planner DATE: November 1, 2001 RE: Final Plat #01-44 to be known as Fox Ridge Townhomes First CIC 159 First Supplemental Planninq Department Review: Applicant/Owner: Carriage Homes XVII Inc. 6750 Stillwater Blvd. North Stillwater, MN 55062 Surveyors/Engineers: Brand & Massey Surveying, Inc. 1009 W hitewater Avenue St. Charles, MN 55972 South Eastern Engineering, Inc. 40 161" Street SE, Suite D Rochester, MN 55904 Referral Comments: 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 Report Attachments: 1. Referral Comments ( 3 Letters) 2. Location Map 3. Copy of Final Plat 4. SLA Map 5. SLA Letter Plat Data: Location of Property: The property is located west and north of Meadow Lakes Drive NW and south of 3b Street NW. Zoning: The property is zoned R-1 X on the City of Rochester Zoning Map. Proposed Development: 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 • GIS/ADDRESSINGIMAPPING 507/286-8232 • HOUSING/HRA 507/285-B224 ..pevwPLANNING/ZONING 507/285-8232 • WELUSEPTIC 507/285-8345 FAX 507/287-2275 -�� AN EQUAL OPPORTUNITYIAFFIRMATIVE ACTION EMPLOYER Page 2 Fox Ridge Townhomes November 1. 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 $39,640. 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 IIIapplication, 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 Shakal 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. 11 Page 3 / C! Fox Ridge Townhomes November 1, 2001 Staff Suggested Findings: If the City Council approves the proposed substantial land alternation, staff recommends the following findings to Sections 62.1105 and 61.146 of the Rochester Zoning Ordinance & Land Development Manual: 62,1105 1) The activity should not result in danger to life or property. The slopes will be designed with a maximum slope of 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. Page 4 Fox Ridge Townhomes November 1. 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. Mannino Staff and Recommendation: The Planning Staff has reviewed the submitted final plat and would recommend approval subject to the following conditions: 1. The applicant agrees that this subdivision will have an impact upon the City's needs for parkland and that cash in lieu of land in amount of $29,640 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. Page 5 1 Fox Ridge Townhomes November 1, 2001 2. The documents assigning long-term maintenance of common lands and facilities shall be recorded concurrent with the final plat documents (mylars). 3. Construction of concrete sidewalk is required along the entire frontage of 2itl Street NW/Meadow Lakes Drive NW. Page 6 Fox Ridge Townhomes November 1, 2001 CITY OF ROCHESTER ZONING ORDINANCE AND LAND DEVELOPMENT MANUAL EXCERPTS 62.1102 Exempt Activities: 1 J 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_1 Fox Ridge Townhomes November 1, 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 waterquality, 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� November 1, 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 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 40 Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the requested application for 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: 4- 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:%WINN-RProfileslplabsven%Temporary Internet Files10LK931FP01-44 Fox Ridge Townhomes First Supplemental CIC 159.doc ROCHESTER PARK AND R14REATION DEPARTMENT! 201 FOURTH STREET SE ROCHESTER MINNESOTA 55904-3769 - TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: October 3, 2001 TO: Jennifer Gayness Planning RE: Final Plat #01-44 Fox Ridge Townhomes First CIC #159 Acreage of plat.. Number of dwelling units ............................................. Dwelling unit density ................................................... Density factor............................................................ Dedication............................................................... Fair market value of land ............................................. 14.97 a 64 units 4.28 units/a .0244 1.56 a $/a I'll va') The Park and Recreation Department recommends that dedication requirements be met via: 24�Lyo Cash in lieu of land in the amount of $2 with payment due prior to recordation of the final plat. Applicant: Carriage Homes XVII 5750 Stilwater Bvid North Stillwater, MN 55082 0:\DST0TZ\2001\DEDICATI0N\NW 2999\PDX RIDGE TKHMOMES.DOC I S� Memo 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 U you have any questions or concerns. Thank you 0 Page 1 South Eastern Engineering Inc. 40 160 Street, SE ♦ Suite D 1 Rochester, Mn 55904 Phone 507 287-0110 4 Fax 507 286-9188 4 Email seengr@sparc.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, I` 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.1(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 wilrbe 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 1±10 (see attached profile). Section 62.1102.I F 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 poljutlon :'lie J additional grading will not affect the air or water quality. SEP 2 5 20M 0 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. -YCxrruL, �0.k.o-� Pamela Shakal, P.E. enc cc Carriage Homes XVII REQUEST FOR COUNCIL ACTION MEETING DATE: 11-5-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING r -7' ITEM DESCRIPTION: Reconsideration of bituminous plant included in Restricted Development Conditional Use Permit #98-05, for property located south of 40'h St. SIN, west of T.H. 63. October 31, 2001 Planning Staff Recommendation: See attached staff report dated October 31, 2001. Council Action Needed: PREPARED BY: Brent Svenby, Planner If the Council wishes not to extend approval of the bituminous plant, it should direct the City Attorney to prepare Findings of Fact, Conclusions of Law and Order determining that there is no reason to extend the Amendment to CUP #98-05 based upon the applicant's decision not to request such an extension. Distribution: :ity Clerk :ity Administrator 3. City Attorney 4. Planning Department File 5. John Arnold 6. Applicant: This item will be considered sometime after 7:00 p.m. on Monday November 5, 2001, in the Council/Board Chambers at the Government Center, 151 4th Street SE. ACTION: tion By: Seconded By: Action: r DATE: TO: FROM RE: Summary: ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 C a U N T, OF www.olmstedcounty.com/planning October 31, 2001 Rochester Common Council Brent Svenby, Planner Restricted Development Conditional Use Permit #98-05, Reconsideration of Bituminous Processing Plant south of 40'h St. SW, west of TH 63 and east of 11'h Ave. SW. On March 15, 1999 the City Council approved an amendment to Restricted Development Conditional Use Permit #98-05, filed by Frank P. Kottschade, to allow for a bituminous batch mixing plant and associated haul roads and stockpiling on property located south of 40'h St. SW, west of TH 63 and east of 111h Ave. SW. The portion of the permit concerning the bituminous plant was approved temporarily with a requirement that it be reviewed at a public hearing in July 2000. The City Council held this hearing in advance on March 6, 2000 in response to a request filed by Mr. John Arnold. During the March 6, 2000 hearing, there was some confusion about the scope and extent of the term "review" as it was found in the March 21, 1999 Findings Document. In order to more adequately state the Council's March 31, 1999, decision and intent, and in order to remove all doubt from the process, the Council amended its March 31, 1999 findings of Fact, Conclusions of Law and Order. The Council also decided to extend that portion of the Permit relating to the Bituminous Plant to November 6, 2000. On November 6, 2000 the City Council held a public hearing on the operation of the bituminous Plant. At that time there was no operational history for the bituminous plant. At the November 6, 2000 hearing, the Council instructed the City Attorney to prepare a Resolution (#787-00) extending the approval of the bituminous plant until November 6, 2001. Resolution #787-00 is attached for your review. The property is served by a temporary driveway permit issued to SJC Properties, LLC on July 20, 1998 which serves the SJC Properties and Mr. Kottschade's land parcels. The Permit was set expire on July 20, 2000 but has been extended to November 6, 2001. Since the Permit is set to expire on November 6, 2001, SJC Properties, LLC has applied for a permanent driveway to 40'h Street SW to be located at the existing temporary access location approved In July 20, 1998. This permanent driveway request is currently being reviewed by the City. See the attached letters regarding the permanent driveway request. Recommendation: At this time, there is no operational history for the bituminous plant since it has not been put into use since the approval of the permit. Mr. Kottschade has contacted the Planning Department and has stated that he wishes not to extend the portion of the Permit relating to the Bituminous Plant since it has not been put into operation. In a letter addressed to the Mayor and City Council, BUILDING CODE 507/285-8213 - GIS/ADDRESSINGIMAPPING 507/285-8232 - HOUSING+HRA 507/285-8224 PLANNING20NING 507/285-8232 - WELLJSEPTIC 507/285-8345 FAX 507/267.2275 PP AN EQUAL OPPORTUNITYIAFFIRMATIVE ACTION EMPLOYER 10l31 /01 Page 2 of 2 dated October 17, 2001, Mr. Kottschade declines to request or accept an extension of the renewal of Amendment to Restrictive Development Conditional Use Permit #98-05 to allow for a bituminous plant. Staff recommends that the Council not extend the permit as requested by Mr. Kottschade, as it relates to the bituminous plant, and that if the applicant wishes to locate the bituminous plant on the property in the future, a request to amend to Conditional Use Permit #98- 05 shall be filed by the applicant. Staff suggest that the Council direct the City Attorney to prepare Findings of Fact, Conclusions of Law and Order determining that there is no reason to extend the Amendment to CUP #98-05 based upon the applicant's decision not to request such an extension. ATTACHMENTS; • Map • Resolution #787.00 • Latter dated October 17, 2001 from Mr. Kottschade • Letter dated October 17, 2001 from Michael J. Nigbur • Letter dated October 29, 2001 from John B. Arnold • Letter dated October 30, 2001 from Michael J Nigbur l? v .... .� w,. a.. c. u..v .tlle SV✓:. .._......., u, _ .�.. , ....�........ .. � �.;' ... .� Y ;uif:' . . .. RESOLUTION WHEREAS, on March 15, 1999, the Common Council of the City of Rochester approved an amendment to Restricted Development Conditional Use Permit #98-05, filed by Frank P. Kottschade, to allow for a bituminous batch mixing plant and associated haul roads and stockpiling on property located south of 40th Street S.W., west of TH 63 and east of 11t' Avenue S.W; and WHEREAS, as part of its approval of this amendment, the Council indicated it wanted to review the operation of the bituminous plant at a public hearing no later than July, 2000, to consider whether the permit should continue in effect beyond July, 2000; and, WHEREAS, this issue came before the Council at a public hearing on March 6, 2000, for clarification as to the Council's review of the operation of the bituminous plant; and, WHEREAS, on April 3, 2000, the Council adopted Amended Findings of Fact, Conclusions of Law and Order (a copy of which is attached) which accomplished the following: 1. Approved the amendment to Restricted Development Conditional Use Permit #98-05 so as to expand a granular material processing area on the south side of Willow Creek by approximately 9.42 acres subject to nine conditions. 2. Temporarily approved an amendment to Restricted Development Conditional Use Permit #98-05 so as to add a portable bituminous drum mixer facility for a specific time period if the Applicant complied with nine conditions. The temporary approval expired on November 6, 2000, but may be renewed or extended by the Council at that time following its review of the operation of the Bituminous Plant. 3. Rescinded the Council's March 31, 1999, Findings of Fact, Conclusions of Law and Order which it adopted in response to Applicant's request; and, WHEREAS, this issue came before the Council at a public hearing on November 6, 2000, and the Council concluded that the April 3, 2000, Findings of Fact, Conclusions of Law should be reaffirmed, except that the phrase "November 6, 2000," as it appeared in the second paragraph of the "Order', should be replaced with the phrase "November 5, 2001." NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that the April 3, 2000, Findings of Fact, Conclusions of Law be reaffirmed, except that the phrase "November 6, 2000," as it appeared in the second paragraph of the "Order', should be replaced with the phrase "November 5, 2001." PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS _&7;/ DAY OF_ 2000. &ESZINN-?�OM UID COMMON COUNCIL ATTEST: -� !� CITY CLERK APPROVED THIS Q� DAY OF ew,_ 2000 MAYOR q'F SAID�ITY (Sea] of the City of Rochester, Minnesota) Z0na20001CUP.Amind9805(2) BEFORE THE COMMON COUNCIL CITY OF ROCHESTER. MINNESOTA In Re: Restricted Development Amendment to Amended Conditional Use Permit Findings of Fact, #98-05 by Conclusions of Law, Franklin P. Kottschade and Order On March 15, 1999, the City of Rochester Common Council conducted a public hearing, upon notice to the public, to consider the Planning and Zoning Commission's recommendation in response to a request by Franklin P. Kottschade (hereinafter "Applicant") for a Type III, Phase it Amendment to Restricted Development Conditional Use Permit #98-05. The amendment would allow the Applicant to expand a granular material processing area on the south side of Willow ('rPek by approximately 9.42 acres and to add a portable bituminous drum mixer facility triereinafter "Bituminous Plant"). The mining operation is generally located on a portion of the property bounded by 40" Street S.W., Trunk Highway 63 South, 11' Avenue S.W., (hereinafter referred to as "Site"). On January 27, 1999, the Planning and Zoning Commission conducted a public hearing and adopted a recommendation concerning the requested amendment. The Commission filed its findings and recommendation with the Common Council pursuant to Section 60.532(4) of the Rochester Code of Ordinances. This hearing resulted as required by R.C.O. §60.532(5). At the hearing, Attorney John Arnold and other persons representing the Applicant testified in favor of the Applicant's request. No one appeared in opposition to the request. i The Council adopted Findings of Fact, Conclusions of Law and Order which approved the Applicant's request subject to nine conditions. (This document was signed on March 31, 1999). In the Findings of Fact document, the Council included the following statement in its decision: Council member Hansen indicated that the Council should review that portion of the request concerning the operation of the bituminous plant no later than July of 2000. That review should come directly to the Council without payment of any application or filing fee. On March 6, 2000, the City of Rochester Common Council conducted a public hearing, upon notice to the public, to review the Bituminous Plant's operation. During the March 6'" hearing, there was confusion and doubt about the scope and extent of the term "review" as it was found in the March 31, 1999, Findings of Fact document. Additionally, the, Council determined that, since the Bituminous Plant had not yet begun its operation, there was a need for another review to occur in the future. In order to more adequately state the Council's March 31, 1999, decision and intent, and in order to remove all doubt from this process, the Council has determined it is appropriate to amend its March 31, 1999, Findings of Fact, Conclusions of Law and Order. Furthermore, the Amended Findings of Fact document will incorporate the Council's March 6, 2000, decision to extend that portion of the Restricted Development Amendment to Conditional Use Permit #98-05 relating to the Bituminous Plant to November 6, 2000. Accordingly, based upon the evidence presented at all of the public hearings, the �ommon Council of the City of Rochester does hereby make the following findings of fact, :onclusions of law, and order. F FINDINGS OF FACT 1 This matter is properly before the Common Council Pursuant to p R.C.O. §60,532(5) and Minn. Stat. §462.3595, subd. 2. 2• Franklin P. Kottschade applied for a Type III, Phase It Amendment to Restricted Development Conditional Use Permit #98-5 so as to allow for the following modifications Permit #98-5: ons to a) extension of the area designated for processing of granular materials by 9.4 acres to the west; b) addition of a bituminous batch mixing plant, the location of which would be limited to the most easterly part of the processing area and that includes the following; addition of traffic associated with the bituminous plant, Processing of materials originating off -site as needed for producing and Processingthe bituminous and an extension of the hours/days of operation limitations for the bituminous plant from 7:00 am to 5:00 through Friday that currently applies to processing on -site to allow the plant to operate 7:00 am to 7:00 pm. Monday as needed; pm, Monday through Friday and on Saturdays c) modification of haul roads; and d) addition of stock pile locations 3• Multiple provisions of the Rochester Code of Ordinances apply in analyzing the equest. IIlows: 4• R.C.O. §61.146 lists the standards for conditional use permits and reads as 61.146 Standard for Conditional Uses: The zoning ,council shall approve a development permit authorizing a conditionaladministrator unless one oor r more of the following findings with respect to the proposed development is made: 3 / �/ 1) Provisions for vehicular loading, unloading, parkin pedestrian circulation on the site and onto adjacent g and for vehicular and Public streets and ways will create hazards to safety, or will impose a significant burden upon public facilities. 2) The intensity, location, operation, or height of proposed buildings and structures will be detrimental to other private development in the neighborhood or will impose undue burdens on the sewers, sanitary and storm drains, water or similar public facilities. 3) The provision for on -site bufferyards and landscaping does not provide adequate Protection to neighboring properties from detrimental features of the development. 4) The site plan fails to provide for the soil erosion and drainage problems that may be created by the development. 5) The provisions for exterior lighting create undue hazards to 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 motorists traveling adjacent Properties. The 6) adeqate Proposed ess to the s site, will create to the buildings undue fire on ths' safetyor hazards rg not providing 7) In cases where a Phase I plan has been a site, for emergency vehicles. the Phase II site plan from the approved approved, there is a substantial change in site lan plans will not meet the standards provided by this (paragraph such that the revised 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. 5. R.C.O. §61.147 states that in considering an application for a development P permit allow a conditional use, the Council shall consider and may impose modifications or conditions the extent they are needed to ensure compliance with the criteria provided by R.C.O. §61.146. i i 4 � i i I 6. R.C.O. §62.824 states that when reviewing a condit; ood districts, the following factors, in addition to the standards of IR.CIO use permit in any of the considered: §61.146, shall also be 1) The danger to life and property due to increased flood heights or velocities caused by encroachments. 2) The danger that materials may be swept onto other lands or downstream to the injury of others. 3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary condition. 4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. 5) The importance of the services community. provided by the proposed facility to the 6} The need for a waterfront location for the facility. �) The availability of alternative locations not Proposed use. subject to flooding for the 8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. 9) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. 10) The safety of access to the property in emergency vehicles. times of flood for ordinary and 11) The expected heights, velocity, duration, rate ofi transport of the flood waters expected at the site. rse, and sediment 12) Such other factors which are relevant to the purposes of Paragraph 62.800, 5 7. Other ordinances that apply to this request include Sections 62.1006 and 62.1010. 8. Following its Janua rY 27, 1999, public hearing, the Planning and Zoning Commission considered the testimony, pp applicable criteria and recommended denial of the Applicant's request. 9. The Planning and Zoning Department artment staff had recommended a Applicant's request subject to the following eight conditions: Pproval of the �1) Report dates included on the supplemental report do not coincide with report dates on file with the Planning Department. The Applicant shall correct dates or clarify with staff the reason for the discrepancies. Also, corrections to the report be made that refer to available access to Highway 63 since no permits have been issued by the Minnesota Department of Transportation for the mining/processing uses; (2) The Applicant shall provide proof of approval from the Minnesota Department of Transportation to utilize access directly to Highway 63 for this use; (3) Importation of materials for processing be limited only to that necessary for the bituminous batch plant/bituminous production; (4) All conditions, modifications or restrictions applied to conditional use permits previously approved remain in effect except for the extension of hours/days of operation applied to the bituminous plant which may operate from 7am- 7Pm, Monday through Friday and on Saturdays as needed; (5) Additional signage and warning signals be utilized along 401 Street S.W., and Highway 63 to maximize safety and identify slow moving trucks within the area; (6) Access to Street S.W., to Higig east of Willow Creek, is temporary and direct hway 63 for mining/processing uses has not been approved or issued by the Minnesota Department of Transportation. The Applicant shall identify alternative access routes and haul road accesses to public roadways that may be utilized if the current accesses shown on the Plan are not available for use in the future; 6 '(7) A wetland investigation shall be completed and approved for portions of the Site not previously field -reviewed by the local government unit and the Applicant shall obtain a No Loss Certificate, exemption or approved replacement plan prior to disturbing the area; (8) Revised plans be submitted to the Planning Department that correctly reflect previous approvals and that include any modifications required through this amendment. 10. At the March 15, 1999, Common Council public hearing, Attorney Arnold and the City Attorney mutually agreed that the seventh condition should be amended to read as follows: (7) Subject to the final result of any declaratory judgment action which may be filed concerning this issue, a wetland investigation shall be completed and approved for portions of the Site not previously field -reviewed by the local government unit and the Applicant shall obtain a No Loss Certificate, exemption or approved replacement plan prior to disturbing the area. 11. At the March 15, 1999, Common Council public hearing, Attorney Arnold testified that the Applicant agreed to all eight conditions, including the seventh condition as amended, agreed to a ninth condition that should read as follows: (9) When the bituminous plant is operating, other adjacent mining operations would not be operating so as to minimize truck traffic. 12. The Council adopted Findings of Fact, Conclusions of Law and Order, dated March 31, 1999, in order to memorialize its actions on March 15, 1999. A copy of this document is attached and identified as Exhibit A. The March 31, 1999, Findings of Fact document included the following statement: Council member Hansen indicated that the Council should review that portion of the request concerning the operation of the bituminous plant no later than July of 2000. That review should come directly to the Council without payment of any application or filing fee. 13. The Council conducted the "review" as described above at a public hearing held on March 6, 2000. During that hearing, there was considerable confusion among staff and Council Members as to what was meant by the term "review" as used in the March 31, 1999, Findings of Fact document. 14. Following the March 6, 2000, hearing, the City Attorney provided the Council with various documents which will allow the Council to determine correctly its intent with respect to the approval of the Bituminous Facility as well as the need for a review in July, 2000. 15. Specifically, the Council reviewed a transcript of relevant portions of the audio tape of the March 15, 1999, Council Meeting, A copy of the transcript is attached and identified as Exhibit B. That transcript indicates the Council intended to grant a temporary Restricted Development Amendment to Conditional Use Permit #98-05 with respect to the operation of a Bituminous Plant. Specifically, the temporary Restricted Development Amendment to Conditional Use Permit #98-05 would expire in July of 2000, but would be eligible for renewal or extension depending upon the Council's review of the operation of the Bituminous Plant and its effect upon the adjacent properties. 16• The Council also reviewed Attorney John Arnold's February 9, 2000, letter to Mitzi Baker. A copy of that letter is attached and identified as Exhibit C. In that letter, Attorney Arnold states that "[W]e are also requesting that the permit for the operation of the bituminous plant be extended to coincide with the length of time that the Restricted Development Conditional Use 'ermit #98-05 is in existence rather than having continued reviews." 8 to the terms [of the] temporary drive way [sic] permit. Specifically the access to the site on 40'h Street was only approved as a temporary two year permit. Any activities utilizing this access should be subject 2000." The expiration of the permit is July 20, 18• The Council also reviewed Mitzi Baker's handwritten notes to her copy of the March 15, 1999, Request for Council Action. A copy of her notes is attached and identified as Exhibit E. In her notes, Ms. Baker states, .,approve till July 2000." 19. At the March 6, 2000, public hearing, the Council was unable to review the first `--r operation of the Bituminous Plant as the plant had not yet begun operations. According to Attorney Arnold's letter, the Bituminous Plant was not placed into operation during the 1999 construction season. See Exhibit C. The reason the Bituminous Plant had not yet begun to operate, according to Attorney Arnold, is that the Applicant had not yet satisfied condition #7 as amended. 1 '17. The Council also reviewed Michael Nigbur's December 18, 1998, memo to the onsolidated Planning Department. A copy of that memo is attached and identified as Exhibit D. In that memo, Mr. Nigbur states that "[tlhe various CUP Permits should be reviewed annually for conformance of the original conditions. This matter is properly before the Common Council pursuant to R.C.O. §60.532 and Minn. Stat. §462,3595. 2. The Council determines there is ambiguity and confusion concerning the use of the term "review" in the Council's March 31, 1999, Findings of Fact, Conclusions of Law and Order. This document memorializes the Council's decision reached at its March 15, 1999, meeting in response to the Applicant's request. 3. Accordingly, it is appropriate and useful for all parties concerned to adopt this Amended Findings of Fact, Conclusions of Law and Order in order to supersede the March 31, 1999, document and to resolve all doubt and confusion. 4. By a preponderance of the evidence presented, the Common Council determines that there is a legal basis to approve the amendment to Restricted Development Conditional Use Permit #98-05 to allow the expansion of a granular material processing area on the south side of Willow Creek by approximately 9.42 acres if the Applicant complies with the nine conditions described herein. 5. By a preponderance of the evidence presented, the Common Council determines that there is a legal basis to temporarily. approve the amendment to Restricted Development Conditional Use Permit #98-05 to add a Bituminous Plant for a specific time period if the Applicant complies with nine conditions described herein. This temporary approval shall expire on November 6, 2000, but may be renewed or extended by the Council at that time following its review of the operation of the Bituminous Plant. The Council's decision on any renewal or extension of this temporary permit shall be guided by the criteria set out in R.C.O. §§61.146, 62.708, 62.824, 62.1006 and 62.1010 as well as the nine conditions described herein. 10 6. By a preponderance of the evidence presented, the Council determines that the ie conditions and the temporary approval of the Bituminous Plant should be imposed, pursuant to Section 61.147, to ensure compliance with R.C.O. §§61.146, 62.708 and 62.824, ORDER The Common Council of the City of Rochester, pursuant to R.C.O. §§60.532(5), 61.146, 62.708, 62.824, 62.1006 and 62.1010 does hereby approve the amendment to Restricted Development Conditional Use Permit #98-05 so as to expand a granular material processing area on the south side of Willow Creek by approximately 9.42 acres subject to the nine conditions listed herein. The Common Council also temporarily approves the amendment to Restricted Development Conditional Use Permit #98-05 so as to add a portable bituminous drum mixer ty for a specific time period if the Applicant complies with nine conditions listed herein. This temporary approval shall expire on November 6, 2000, but may be renewed or extended by the Council at that time following its review of the operation of the Bituminous Plant. The Common Council also orders the rescission of its March 31, 1999, Findings of Fact, Conclusions of Law and Order which it adopted in response to Applicant's request. Dated at Rochester, Minnesota this - day of April, 2000. 'of. zone\conCu,2. amd9B5. fof Jo Hunziker, President of the Qchester City Council 11 11 blow ALL-AAERICA CM ROCHESTER October 17, 2001 John Arnold SJC Properties, LLC Suite 505 206 Broadway South Rochester, MN 55904 RE. SJC Driveway to 40t8 Street Dear Mr. Arnold: tiVCHE>TER•tli\, II1:1). \l Gi 51.e•� DEPARTMENT OF PUBLIC WORKS 201 4th Street SE, Room 108 Rochester, MN 55904-3740 (507) 287-7800 FAX (507) 281-6216 Thank you for your October 11, 2001, letter regarding the status of any driveway permit issued to SJC Properties. After checking the official files of the Department of Public Works, I have found one temporary driveway/right of way permit ("Permit") issued to SJC Properties, LLC. The City issued this Permit on July 20, 1998, and was set to expire on July 20, 2000. The Permit noted its use by SJC Properties' and Mr. Kottschade's land parcels. I enclose a copy of that Permit for your review. Although there was never a formally executed extension of this Permit, the City has taken the position that the Permit was extended until July 20, 2001. Furthermore, that Permit was extended to November 6, 2001, because of the City Council's November 6, 2000, Resolution (#787-00) amending the April 3, 2000, Amended Findings of Fact, Conclusions of Law and Order, concerning the Restricted Development Amendment to Conditional Use Permit #98-05. If you or someone else on behalf of SJC Properties wishes to seek an extension or amendment of this Permit, or if there is a request for some other permit, please feel free to direct that request to the City. At this time, the City staff members believe a request for a further extension of this Permit beyond November 6, 2001, would be viewed favorably. If it is SJC Properties' decision not to renew or extend this Permit or to seek some other form of access, please review the Permit's restoration requirement found in condition #3. If you have questions regarding this issue please contact me. Michael J. Nigbur Land Development Manager Enclosure Cc: Stevan E. Kvenvold Phil Wheeler Terry Adkins An Eguo(Oppomnity Emproyn October 29, 2001 VIA HAND DELIVERY MIKE NIGBUR DEPARTMENT OF PUBLIC WORKS 201 FOURTH ST SE, ROOM 108 ROCHESTER MN 55904 RE: SIC Properties Permanent Driveway Permit 40th Street Southwest Dear Mr. Nigbur: Pursuant to our phone conversation of today's date, I informed you that SJC Properties is applying for a permanent driveway permit for its property located at the intersections of Highway 63 South and 40th Street Southwest. The location of the permit is at its current access on 40th Street Southwest. This is the same access as was previously permitted to SJC Properties under Conditional Use Permit #97-17. Tt is my understanding there is no separate permanent application form and that this letter serves as the permanent application. It is also my understanding that there is no separate application fee. It is the intention of SIC Properties to use the driveway perinit for the same activities as are permitted under Conditional Use Permit #97-17, Gravel Mining operation. Very truly yours, Mm B. Mhold / President SJC Properties LLC TOTAL P.02 Ail-AMERICA CITY ROCHESTER ta — October 30, 2001 John Arnold SJC Properties, LLC Suite 505 206 Broadway South Rochester, MN 55904 t.KO"f i T E P., �S 0. DEPARTMENT OF PUBLIC WORKS 201 4th Street SE, Room 108 Rochester, MN 55904-3740 (507) 287-7800 FAX (507) 281-6216 RE: SJC Driveway fo 40'h Street Dear Mr. Arnold: Thank you for your October 29, 2001, letter, regarding the request for a "permanent driveway" to 401h Street SW to be located at the existing temporary access location approved in July 20, 1998. As you are aware the City, State, and County have been working on plans over the last several years for the TH 63 improvements/modifications in the area as well as improvements to 40s' Street SW along the north side of the property that are needed to support existing and new development. Staff will review your request and will among other things determine if it is consistent with City's Official Street Map #12 as amended and the Minnesota Department of Transportation Layout Plan and Right -of -Way Map for the proposed improvements to TH 63 and 40th Street SW During Staff review of your permanent driveway permit request we will continue to honor the existing temporary driveway permit extension beyond the November 6, 2001 expiration date, with the conditions outlined in the original and extension permits. If you have questions regarding this issue please contact me. Michael J. Nigbur Land Development Manager Enclosure Cc: Stevan E. Kvenvold Phil Wheeler Terry Adkins Richard Freese An Equaf Opportunity Empfoyer FPANKLIN P. KOTTSCHADE 3800 HIGHWAY 52 NORTH ROC14ESTER MN 55901 PHONE 507-287-0909 FAX 501-288-0658 October 17, 2001 ' Rochester City Mayor Rochester Common Council City Ball 2010 St SE Rochester MN 55904 RE: Renewal of Amendment Restricted Development Conditional U%'e Permit #98-05 to allow for a Portable Bituminous Drum Mixer FacilitY Please be advised the applicant, Franklin p. Kottschade; declines to request or accept an extension of the above referenced permit. This action is a result of Mr, Kottschade's appearance before the Common Council on three occasions (March 15, 1999; Apri13, 2000; and November 6, 2000) for said permit, despite the fact the Portable Bituminous Drum Mixer Facility has never been activated, and yet must continue to seek extensions. Accordingly, Mr. Kottschade is of the opinion this constitutes Government harassment and accordingly declines to apply for an extension. Sincerely, ,.P 4 ranklin P.1Cottschade CC: Steven Kvenvold, City Administrator Terry Adkins, City Attorney / & i I TOTRL P.62 I REQUEST FOR COUNCIL ACTION MEETING /// DATE: 11/5/01 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPT: PLANNING DEPARTMENT ITEM NO. r it cM DESCRIPTION: PREPARED BY: Type III, Phase I (#01-02) Appeal of the Type III, Phase I (#01-20) Variance Denial Randy Klement PI2nn r November 1, 2001 Rochester Zoning Board o(Appeals Recommendation: On October 3, 2001, the Rochester Zoning Board of Appeals denied the variance request of the applicant, David Zitzmann, 218 Cheval Lane NE, Rochester. The property is zoned R-1 (Mixed Single Family Residential) zoning district. The applicant had requested to create a parcel through the Metes and Bounds subdivision process that will exceed the number of flag lots and/or lots with no frontage allowed in a subdivision The Rochester Zoning Board of Appeals denied the variance request based on staff findings. Council Action Requested: Approve or deny the variance appeal by the applicant based on the original staff report and attachments submitted to the Rochester Zoning Board of Appeals for their October 3, 2001 meeting. Attachments: 1. Copy of Variance Resolution and minutes of the October 3 d, 2001, Rochester Zoning Board of Appeals meeting, to be signed by the Zoning Board of Appeals Chairperson at their November 5, 2001 meeting. 2. Copy of Staff Report and all attachments submitted to the Rochester Zoning Board of Appeals, dated September 26, 2001. Distribution: 1. City Administrator 2. City Clerk 3. City Attorney 4. Planning Department File 5. Applicant: This item will be considered by the Council sometime after 7:00 p.m. on Monday, November 5, 2001, in the Council/Board Chambers at the Government Center,151 SE 4' Street. � COUNCIL ACTION: Motion by: Second by: to: r 7Yk,_ I11, PHASE I DEVELOPMENT APC( —CATION CITY OF ROCHESTER The undersigned hereby makes application for a Type III Development as regulated by Section 60.530 of the City of Rochester Land D - e -velopment Manual. NAME OF APPLICANT �14 V I D L I 1 Z M A N A) ADDRESS OF APPLICANT: C,He-11AL TELEPHONE NUMBER: (home) a19g 81 &7 (work) a8 / LY o 00 FAX NUMBER _(So?) a 01-Se206 E-MAIL (IF APPLICABLE)-& b GAYMEc. cn-ym ADDRESS OF PROPERTY IF DIFFERENT THAN APPLICANT'S ADDRESS: SIGNATURE OF PROPERTY OWNER: LEGAL DESCRIPTION: L v T- / Kt t) EQ 1/t i�/Ju D c l l U I S 1 oN `Tk AST --17 DATE: Respectfully Submitted, . &L)I D LI -M /4AIA) Zr, (Owner or Corporation) Submittal Instructions (see attached) Return Application to: DISTRIBUTION: Planning Department (white) City Clerk: (blue) Applicant: (yellow) (Address) Rochester - Olmsted Planning Department 2122 Campus Dr. SE Rochester, MN 55904 rr FORM%: 1920-30 Rev Me C J Cheval Lane N.E, is, 19°07'00" E� 124.98 20. 30' Utility Uti I icy d Drt°eway Easement Easement � o S�aOt P o 0 ° o n O N N a O O O z - c ° 0 S89007'00"E Vs S00°00'00" 2s r62.01 " 2S' Utility " Easement lcact S I a N r1 l0 r\ 102.02 Scale: i IMh - 60 Feet • Denotes Monument Set O Dandles Monument Found Location Map Scale t- a 3000' O O O O O O CA WIll CalleE PIAN Tract A: The North 205.00 feet excepting the most easterly 148.50 feet of Lot 1, and also the South 33.00 feet of the North 238.00 feet of the East 62.00 feet of said Lot 1, Riverview Second Subdivision, City of Rochester, Olmsted County, Minnesota; subject to a utility easement over the South 20.00 feet of the North 35.00 feet excepting the most easterly 148.50 feet of said lot. Tract B: Lot 1, Riverview Second Subdivision, City of Rochester, Olmsted County, Minnesota, excepting therefrom, the North 206.00 feet of said lot, and also excepting the South 33.00 feet of the North 238.00 feet of the East 62.00 feet of said lot; subject to a utility easement over the West 25.00 feet of the South 25.00 feet of the North 230.00 feet of said lot Driveway Easement: °' 00"W The East 30.00 feet of the North 230.00 feet of 2Lot 2, Riverview Second Subdivision, City of 3020 Rochester, Olmsted County, Minnesota. is Centarline of 20' Sanitary Sewer Easement, 8k 1-3 Pg 347 t' jl J• li �'I I j kl U 200I i CERTIFICATE OF SURVEY I hereby certlN Il Ns Rrmy'woo prepared by me a under my dreci superAllon and Mal I am o duly registered - lard surveyor under the lows of he Slate at Mlmesoki Reg, No. 15229 Cedric Schutz Odle Nov 7. 2000 ,ob Pis, 11919-00 A LAND CONSULTAMS a samaam MVed301 1418 Fiat M.enue N.E. Rochastes MMesolo 55906 507.2e8-8555 Arend Park O LL E N S PYG LAS CT C Location 218 Cheval Lane NE F2 ROCHESTER f{'/innelota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker Date: 10/23/01 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 a Appeal #01-02 on the David Zitzman (218 Cheval Ln NE) property. The following are Public Works comments on the proposal: Public Works would not object to approval of the appeal, provided that a Utility Connection Agreement is executed for "Parcel 'B"', prior to connection to City sewer and/or water. Said Agreement will address the applicable area charges for SAC & WAC, as well as, sewer & water connection charges C:%WINDOWS1Temporary Internet HeMOLK80224APPEAL01-02 Zttzman 218 Cheval Ln NE.doc rp.0 we pledge, we deliver October 24, 2001 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Type III, Phase I, Appeal #01-02 of the Rochester Zoning Board of Appeals denial on October 3, 2001, to create a parcel through the metes and bounds subdivision process that will exceed the allowed number of flag lots and or lots with no frontage. The property is located at 218 Cheval Ln. NE. Dear Ms Gamess: Our review of the referenced Variance Request is complete and we have no objections. Water service is available to this lot. Please contact us at 507-280-1600 if you have questions. Very truly yours, 0644A R Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 /iq SHARED DRIVEWAY AND BUILDING RESTRICTIONS DECLARATION AND AGREEMENT \ THIS AGREEMENT, made and entered into this � day of Ly 2001, by and between James E. Hinz and Cathy D. Hinz, husband and wife ("First Parties") and David Arthur Zitzmann and Sharon Lea Zitzmann, Husband and Wife ("Second Parties"). WHEREAS, First Parties are the owners of the following described tracts located and being in Olmsted County, Minnesota, to -wit: SEE Legal Description described as Tract 2-A and Tract 2-B, Attached. WHEREAS, Second Parties are the owners of the following described tract located and being in Olmsted County, Minnesota, to -wit: SEE Legal Description described as Tract 1-A and Tract 1-B, Attached. WHEREAS, there is a driveway located on Tract 2-A and Tract 2-B, as described on attached "DRIVEWAY EASEMENT', hereinafter referred to as the "Driveway Area." NOW THEREFORE, in consideration of the mutual promises contained herein, the undersigned owners agree as follows: The First Parties shall and hereby grants to all Parties, and future owners of the above -referenced Tracts, an easement over and across the Driveway Area for the purposes as hereinafter described. //Y 2. The traveled portion of the Driveway Area, hereinafter referred to as the "surfaced area", shall not exceed 18 feet in width and shall be centered at, or near, the center of the Driveway Area." This surfaced area shall be surfaced with bituminous material within two years of occupancy of either Tract 1-B or Tract 2-13. The cost of surfacing the surfaced area shall be shared equally by the owners of Tract 1-13 and Tract 2-B. 3. Only the surfaced area shall be used by all of the owners, their invites and guests for the purpose of ingress and egress to and from the above -described tracts, and only to gain ingress and egress to a single-family home, and associated structures. It is further agreed by all owners, and it shall be binding on all successors and assigns that Tract 1-B and Tract 2-B shall be used only for one single family home, and related structures, to be located on each said Tract. 4. No party shall make use of the Driveway Area, nor permit any invitee or guest to make use of the driveway area, so as to block the driveway area nor to interfere with the use of the driveway area by any other party or any invitee or guest. For example, no owner shall park, or allow an invitee or guest to park on the Driveway Area. 5. Road construction costs and maintenance, repair, replacement and improvement, including snow removal, shall be shared equally by the owners of Tract 1-B and 2-13. Unless agreed by the owners of Tract 1-B and Tract 2-13, no party shall be obligated to contribute to the cost of a road improvement which results in a driveway which is greater than four inches of bituminous overlay, or other substantially similar material. Administration of the maintenance responsibilities shall be determined by the owners of Tract 1-B and Tract 2-B.- X. 6. Unless the owners of Tract 1-B and Tract 2-B agree to haul the snow away, the snow which is removed from the surfaced area shall be placed within the Driveway Area. No snow shall be left on any other owner's driveway. 7. In the event that any party constructs a separate driveway, and elects to abandon the use of the Driveway Area, that owner's obligation to share in the expense of maintenance, repair, replacement and improvement shall not be effected thereby, absent mutual consent of the owners of Tract l -B and Tract 2-13. No portion of any easements granted herein shall be effected thereby. 8. Lawn maintenance within the Driveway Area located with Tract 2-A shall be the responsibility of the owner of Tract 2-A. Lawn maintenance within the Driveway Area located with Tract 2-B shall be the responsibility of the owner of Tract 2-B. 9. in the event of a dispute concerning the use of the driveway area of the costs of repair, maintenance, replacement or improvement, such dispute shalt be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The costs of enforcing the decision of the Arbitrator shall be bome by the owner against whom the arbitrator's decision is made. These agreements shall be binding on the parties hereto, heir successors and assigns and shall run with the land. James E. Hinz Cathy D. 1412 STATE OF MINNESOTA ) )ss COUNTY OF OLMSTED ) The foregoing instrument was acknowledged before me this day of.. 2001, by James E. Hinz and Cathy D. Hinz, Husband d Wife. NOTARIAL STAMP OR SEAL ` m . SIG'NATURE OF NOTARY UBLIC RUTH M. REESE 1��! NOTARY PUSLIGMINNESOTA t '�. MY COMMISSION EXPIRES I-01.2W5 Sharon Lea Zitzmann STATEOF )ss COUNTY OF Zkvnskp Xj The foregoing instrument was acknowledged before me this h9ftay of 2001, by David Arthur Zitzmann and Sharon Lea Zitzmann, husband and wife. NOTARIAL STAMP OR SEAL eft MAW K PMKOS♦- _ U �.� SIGNATUREofNbTARY PUBLIC f 'T ROCriESTER-OLMSTED PLANNING DEPAA TMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 C a U.. Y OF wwwAmstedcounty.com/planning TO: Rochester Zoning Board of Appeals FROM: Randy Klement, Planner {Z , DATE: September 26, 2001 1 RE: Variance (Type III, Phase 1), #01-20 Planning Department Review: APPLICANT: LOCATION OF PROPERTY: ZONING: REFERRAL AGENCY COMMENTS: ANALYSIS: David A. Zitzmann 218 Cheval Lane NE Rochester, MN 55906 ♦.��O61i jA�9�/ Lot 1, Less the East 148.50 feet of the North 35.30 feet, Riverview 2nd Subdivision R-1 (Mixed Single Family Residential Zoning District) Attached The applicant is proposing to create an additional lot through the Metes and Bounds subdivision process. The applicant's existing lot (that part of Lot 1, Riverview Second Subdivision) is approximately 54,788 square feet. The proposed subdivision will result in a 27,672 square foot parcel on the north side of the lot with the existing single family dwelling and a 27,116 square foot parcel on the south side of the lot, as indicated on the applicant's site plan. Access to the proposed south parcel will be from the driveway easement on the east side of Lot 2, Riverview Second Subdivision, as shown on the Adjacent Parcel to the West Site Plan. This lot was subdivided in December of 2000. According to Section 64.113(2) — Adequate Frontage Required of the City of Rochester Zoning Ordinance and Land Development Manual: Where a flag lot or lot with no frontage is proposed on an infill basis, the request shall be reviewed in light of the existing lot pattern and access pattern in the area to ensure it will not become recurrent in nature and that the number of such lots in a block is generally consistent with Section 64.11301fc1. BUILDING CODE 5071285-8213 • GISIADDRESSING(MAPPING 507/285-8232 • HOUSINGIHRA 507/285.8224 PLANNING/ZONING 507/285-8232 • WELUSEPTIC 507/285.8345 FAX 5071287-2275 emu. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER According to Section 64.113(1)(c) — Adequate Frontage Required of the City of Rochester Zoning Ordinance and Land Development Manual: Flag lots may be developed on a limited basis in subdivisions where individual development of each lot is contemplated and the Road Authority determines that no future street access through the property will be needed. The greater of one lot or 5 percent of the lots in a development may be flag lots. Flag lots may be used to better use irregularly shaped properties or sites with physical limitations, or to eliminate or reduce access to collector, arterial or expressway streets. Flag lots shall not be permitted where they will increase the number of lots that that take their access from major local, collector or arterial streets. Also, according to Section 64.113(1)(e) — Adequate Frontage Required of the City of Rochester Zoning Ordinance and Land Development Manual: On lots with no frontage the minimum easement width shall be equal to the minimum required driveway width plus four (4) feet. Requests for the creation of a lot with no frontage shall be accompanied by proposed or existing documents which provide proof of easement for access and utilities. Riverview Second Subdivision, which was platted in the County in the 1960's and has since been annexed into the City, consists of three (3) lots (see attached Riverview Second Subdivision Plat). Access to all three lots is off Cheval Lane, which is a private roadway. Cheval Lane also provides access to the eight (8) lots in Cheval Estates which was platted in the City in 1991 (see attached Cheval Estates Plat) and is located directly west of Riverview Second Subdivision. As stated above in Section 64.113(1)(c) of the zoning ordinance, the greater of one lot or 5 percent of the lots in a development may be flag lots. There are only three lots in the Riverview Second Subdivision and only one flag lot is allowed. Because Lot 2 of Riverview Second Subdivision was subdivided with a flag lot in 2000, no additional flag lots are allowed. The applicant requests the following: 1) a variance to allow for one additional flag lot or lot with no frontage in a subdivision. The Planning staff suggested findings are: EXCEPTIONAL CIRCUMSTANCES: There are no exceptional circumstances or conditions that apply to the applicant's property that may not apply generally to other properties in the same zoning district. However, the applicant could replat the proposed south parcel as one lot and be allowed to have that lot as a lot with no frontage. REASONABLE USE: The granting of this variance request is not necessary to allow for the reasonable use of the applicant's property. However, the applicant could replat the proposed south parcel as one lot and be allowed to have that lot as a lot with no frontage. Also, there is an existing driveway/access easement which allows for access to the proposed parcel. ABSENCE OF DETRIMENT: The granting of this variance request would not appear to be materially detrimental to the public welfare or detrimental to other property in the area. However, the granting of this variance request would be detrimental to the intent and purpose of the City of Rochester Zoning Ordinance and Land Development Manual. MIlVBvfUM VARIANCE: The minimum variances that would be necessary to alleviate the alleged hardship would be a variance to allow for an additional flag lot or lot with no frontage in a subdivision. This finding would not pertain in the case of denial. Attachments: 1. Copy of Application 2. Copy of Applicant's Proposed Site Plan 3. Copy of Shared Driveway and Building Restrictions Declaration and Agreement 4. Copy of Site Plan of Adjacent Parcel to the West S. Copy of Site Location Map 6. Aerial Photo of Riverview Second Subdivision and Cheval Estates Subdivision 7. Copy of Riverview Second Subdivision 8. Copy of Cheval Estates Subdivision 9. Copy of Referral Agency Comments 10. Copy of Findings for a Variance Reviewed by: f M Mr. Randy Klement, Planner Rochester Zoning Board of Appeals 2122 Campus Drive SE Rochester, MN 55404 Q September 24, 2001 N iL Re: Type III, Phase 1, Variance Request 901-20 — David Zitzmann N tL LLj Dear Mr. Klement: tLn The undersigned homeowners of Cheval Estates would like to express our r-I concern and oppositiorcRo the zoning variance requested by David Zitzmann of 218 Cheval Lane NE. We do not support subdividing a second parcel of land on Cheval Lane. The property next to the Zitzmanns, owned by Jim and Kathy Hinz, has already been subdivided and it does not have frontage road access. After meeting with Mitzi Baker and Theresa Fogarty of the City Planning and Zoning Department on June 12", it is our understanding that only one parcel of land in Cheval Estates is permitted to be subdivided on our street. You should also be aware that Cheval Lane is a private road and the homeowners have been granted an easement for driveway access to their properties. However, it is not clear that the property owners have the legal authority to expand their easement to include a new homeowner. Since the owners of the private road were not notified before the City granted the Hinz's permission to subdivide, the legal status of the easement has not been determined We understand that one concern of the City is emergency vehicle access to the back lots. We are also concerned about trash removal and how the additional homeowners will contribute to the maintenance of the road If you grant a variance to subdivide the property, will the City be responsible for road repair to our private roadway due to construction vehicles? We do not see any advantage to our Planned Unit Development by subdividing the property. This zoning ordinance is in effect to protect all the property owners and we ask that you protect our rights by denying the variance request. Sincere) Craig Q611ins, 120 Cheval Lane NE Kurt Hamann, 122 Cheval Lane NE .�_ 2r_�L Brian Flaen, 124 Cheval Lane NE i Ono, ,, n..Qan Tim Dunlap, 132 Che a1 Lane NE 45�� �_4 1� _� Ang arcia, 13 Ch 1 9 1e NE Gio i Speziali, 130 "1 Lane U. I -to [a TOMO, MelissarGarci a C su to peziali ROCHESTER-OLMSTED PLANNING DEPARTMENT -- 2122 CAMPUS DRIVE SE "-SUITE 100- I ROCHESTER, MN 55904 PHONE (507) 285-8232 FAX (507) 287.2275 Date: August 31, 2001 To: Agencies Indicated Below From: Jennifer Garness, Planning Department Subject: Type III, Phase I, Variance Request #01-20 by David Zltzmann to create a parcel through the Metes and Bounds subdivision process that will exceed the allowed number of flag lots andlor lots with no frontage. The property Is located at 218 Cheval Lane NE and is In the R-1 (Mixed Single Family) Zoning District. This application is scheduled for consideration by the Rochester Zoning Board of Appeals on October 3, 2001 at 7:00 p.m. in the Councii/Board Chambers, located at 151 4th Street SE. In order for the Planning Department to prepare a thorough review of this application, we would appreciate receiving your comments by September 26, 2001. You may also appear at the meeting If you so desire. Your cooperation and assistance is greatly appreciated. City Agencies County Agencies Other Agencies 1, Public Works 14. Health Department 17. School Board Richard Freese Rich Peter Jeff Kappers 2. Fire Department Lyle Felsch 3. Crime Prevention Darrel Hildebrant, Gov. Center 4. RPU Operations Division Mike Engle 5. RPU Water Division Donn Richardson 6. Park & Recreation Denny St= 7. Building Safety Ron Boose 8. CltyAttomey Dave Goslee 9. Downtown Dev. Dist. Doug Knott 10. City Administration Terry Spaeth 11. Susan Waughtal Neighborhood Organizer 12. Transportation Planner Charlie Reiter 13. John Harford; Planning Dept. 15. Public Works 16. GIS Division Randy Growden OK / Julie Schletty Oweet has no oblectdar assuming there are no relocation vests. 9/ 18. Peoples Natural Gas Neal Clausen JYC]�wes'it 20a'6harter Communications 21. MN DOT Dale Maul 22. Post Office Supervisor 23, MN DNR Jim Cooper 24. Soil Conservation Dept. Dave Copeland Floyd Whitaker 25. Peoples Coop Rick Wellik R According to Section 60,417 in the City of Rochester Zoning Ordinance and Land Development Manual, in tatting action on a variance request, the Board of Appeals shall make findings supporting the decision based on the following guidelines: 60.417 Findings for Variances: In taking action on a variance request, the approval authority shall make findings supporting the decision based on the following guidelines: 1) The approval authority may grant a variance to the provisions of this ordinance if it finds that: a) there are extraordinary conditions or circumstances, such as irregularity, narrowness, or shallowness of the lot or exceptional topographical or physical conditions which are peculiar to the property and do not apply to other lands within the neighborhood or the same class of zoning district; and b) the variance is necessary to permit the reasonable use of the property involved; and c) the variance will not be materially detrimental to the public welfare or materially injurious to other property in the area, is in harmony with the general purpose and intent of this ordinance, and will not adversely affect implementation of the Comprehensive Plan; and d) the variance as granted is the minimum necessary to provide reasonable economic use of the property. The extraordinary conditions or circumstances shall be found not to be the result of an action by the.applicant or property owners who have control of the property. In addition, the approval authority shall find that development of the parcel in question cannot be integrated with development of adjacent parcels under the same ownership in such a manner so as to provide for the reasonable economic use of the total site in a manner consistent with the provisions of this ordinance. 2) The Board may grant a variance to the literal provisions of this ordinance if it finds that: a) there has been substantial and detrimental reliance in good faith by an applicant who has received a permit or certificate issued in error by the administrative official charged with enforcement of this ordinance, and i b) the mistaken issuance of the certificate or permit is not the result of an action on the part of the applicant, the property owner, or any other person or party who has had control of the property, to provide misleading or incorrect information, or to knowingly withhold information necessary for the administrative official to accurately review the permit or certificate request. 3) The Board shall under no circumstances grant a variance that will allow a use otherwise not permitted within the zoning district or any variance of the elevation or levels for flood protection. 4) In granting a variance, the zoning administrator or the Board may impose such reasonable and appropriate conditions and safeguards as may be necessary to accomplish, to the extent possible under the circumstances, the purposes of the regulations or provisions which are to be varied or modified and to reduce or minimize potentially injurious effects of the variance upon adjoining properties, the character of the neighborhood, and the health, safety or general welfare of the community. A variance and any conditions and safeguards which were made a part of the terms under which the variance was granted are binding upon the applicant and any subsequent purchaser, heir, or assign of the property, and any violation ofa variance or its conditions and safeguards shall be a violation of this ordinance and punishable as such. l r. Page 3 City of Rochester Zoning Board of Appeals Hearing Date: October 3, 2001 Type III Phase I Variance Request #01-20 by David Zitzmann to create a parcel through the Metes and Bounds subdivision process that will exceed the allowed number of flag lots and/or lots with no frontage. The property is located at 218 Cheval Lane NE and is in the R-1 (Mixed Single Family) Zoning District. Mr. Klement presented the staff report dated September 26, 2001. The staff report is on file at the Rochester -Olmsted Planning Department. Mr. Klement stated that the purpose of the requirement in the Zoning Ordinance is primarily for new subdivisions and to prevent the number of flag lots with no road frontage. Mr. Haeussinger asked if the police and fire departments would have problems getting into the lots. Mr. Klement replied that when the adjacent lot was split, staff did not receive any negative comments from those departments. Mr. Haeussinger asked if Cheval Lane is a private Drive. Mr. Klement replied yes. Mr. Haeussinger asked how the access would be added if all of the neighbors did not agree. Mr. Klement replied that it is a private road and the maintenance of the road is incorporated into their covenants, and the Zoning Ordinance does not enforce their covenants. Mr. Ellis asked if the Metes & Bounds on the adjacent lot is completed. Mr. Klement replied yes. Mr. Haeussinger asked what is being looked at for the Metes & Bounds process. Mr. Klement replied lot size, and access to public roadways as well as other issues. Mr. Staver asked if it would be better to re -plat. Page 4 Gj City of Rochester Zoning Board of Appeals Hearing Date: October 3, 2001 Mr. Klement replied that it would be a more desirable approach, but the cost for the platting process is more than the cost of a variance. Mr. Slaver asked why it would be a more desirable approach to re -plat. Mr. Klement replied that splitting off a lot like this, it would be a more appropriate process then to request a variance. Mr. Staver asked if the same characteristics are looked at whether they go through a Metes & Bounds or re -platting process. Mr. Klement replied that is correct. Mr. Staver asked if there would be a public hearing at City Council if there would be an appeal. Mr. Klement replied that is correct. Mr. Staver opened the public hearing. Mr. David Zitzmann, of 218 Cheval Lane NE, addressed the Board. He stated that the sewer and water were run for these lots through the easement and made a loop into the water main on East River Road. It is an eight (8) inch water main that they paid for. He went on to state that he was told that there is an opening left for sewer and water in the last three lots. Mr. Ellis asked if there would be utilities going through the third lot. Mr. Zitzmann replied that he did not know. Mr. Ellis asked if there would be access where the dead end is. Mr. Zitzmann replied no. Mr. Staver asked if he would share a driveway with the other lots. Mr. Zitzmann replied yes, it is written up that way now. Mr. Ellis asked if there would be any issues for getting access on the private drive. Mr. Zitzmann replied no. Mr. Ellis asked if they had to renew the private agreement. Mr. Zitzmann replied no. He went on to state that for garbage hauling and fire protection there would not be a problem of access. Page 5 City of Rochester Zoning Board of Appeals Hearing Date: October 3, 2001 Mr. Haeussinger asked what kind of material the access road is. Mr. Zitzmann replied that it is crushed rock. Mr. Staver stated that the agreement states that the road needs to have an impervious surface within two (2) years. Mr. Jim Heinz, of 210 Cheval Lane, addressed the Board. He stated that the roadway was dedicated to the public by Mr. Hank Christianson. He went on to state that there would be one house per parcel when the area would be developed. Mr. Slaver asked if they had planned on including the new lots to share in the expenses of maintenance for Cheval Lane. Mr. Heinz replied that the cost of expenses are divided among the lots. Mr. Craig Collins, of 120 Cheval Lane, addressed the board. He stated that there are two separate agreements. He is concerned about where the road would be if there would be third lot added. He does not want a new road put in front of his house. Mr. Staver asked if there are any concerns as to who would pay for the upkeep of the road. Mr. Collins replied that there should be one agreement among the neighbors. Mr. Staver asked if there would be a driveway behind Mr. Collins property, and what would the setbacks be. Mr. Klement replied that any setback would be from the property line. There is no setback for a driveway. Mr. Slaver asked why a turn around was not created when Cheval Estates was platted. Mr. Klement replied that he did not know. Mr. Staver asked if there is no public right of way for that road. Mr. Klement replied correct. Ms. Sharon Zitzmann, of 218 Cheval Lane, addressed the board. She asked if the private lane and lot three have any relevance to the variance. Mr. Staver replied that it is not directly relevant. Page 6 City of Rochester Zoning Board of Appeals Hearing Date: October 3, 2001 Ms. Barbara Beaumont, of 122 Cheval Lane, addressed the board. She stated that the road does not go through there, because it is ten (10) feet short. She asked if the fire department had any response. Mr. Klement replied no. Ms. Kathy Heinz, of 210 Cheval Lane, addressed the Board. She stated that she is not against developing Cheval Estates, she would like to see the neighborhood stay how it is. Mr. Staver closed the public hearing. Ms. McCaleb asked if the three larger lots are part of the planned unit development. Mr. Klement replied no. Mr. Ellis asked who would require the plats of all the properties. Mr. Klement replied that he is not sure if it is required. Mr. Ellis asked what affect the variance has on the platting of this area in the future. Mr. Klement replied that it is a unique situation, and that he cannot answer that. Mr. Haeussinger stated that there has not been evidence submitted to grant the variance. Mr. Ellis stated that it appears that there is intent to re -plat the lots, and that this is the real issue. Mr. Haeussinger made a motion to deny Type III, Phase 1, Variance Request #01- 20 by David Zitzmann as'submitted with staff findings based on the exceptional circumstances and reasonable use. Mr. Ellis seconded the motion'. The motion carried 5-0. FINDINGS EXCEPTIONAL CIRCUMSTANCES: There are no exceptional circumstances or conditions that apply to the applicant's property that may not apply generally to other properties in the same zoning district. However, the applicant could replat the proposed south parcel as one lot and be allowed to have that lot as a lot with no frontage. REASONABLE USE: The granting of this variance request is not necessary to allow for the reasonable use of the applicant's property. However, the applica 0 Page 7 City of Rochester Zoning Board of Appeals Hearing Date: October 3, 2001 could replat the proposed south parcel as one lot and be allowed to have that lot as a lot with no frontage. Also, there is an existing driveway/access easement which allows for access to the proposed parcel. ABSENCE OF DETRIMENT: The granting of this variance request would not appear to be materially detrimental to the public welfare or detrimental to other property in the area. However, the granting of this variance request would be detrimental to the intent and purpose of the City of Rochester Zoning Ordinance and Land Development Manual. MINIMUM VARIANCE: The minimum variances that would be necessary to alleviate the alleged hardship would be a variance to allow for an additional flag lot or lot with no frontage in a subdivision. This finding would not pertain in the case of denial. ZONING BOARD OF APPEALS City of Rochester, Minnesota VARIANCE RESOLUTION DENIAL Variance Request #01-20 (David Zitzmann) WHEREAS, an application has been filed on behalf of the owners of the premises known as: Lott, Less the East 148.50 feet of the North 35.30 feet, Riverview 2nd Subdivision asking the Zoning Board of Appeals of the City of Rochester to grant a variance to the provisions of Sections 64.113(2), 64.113(1)(C), and 64.113(1)(e) of the City of Rochester Zoning Ordinance and Land Development Manual to create a parcel through the Metes and Bounds subdivision process that will axceed the allowed number of flag lots and/or lots with no frontage. WHEREAS, the matter of such variance has been reviewed by the Zoning Administrator who has submitted a report to the Zoning Board of Appeals in the Council/Board Chambers, 151 4th Street SE, Rochester, MN, at 7:00 p.m. on October 3, 2001, at which hearing all interested persons were given the opportunity to be heard. NOW, THEREFORE, be it resolved by the Zoning Board of Appeals of the City of Rochester as follows: FINDINGS OF FACT AND CONDITIONS: The premises described above is located in the R-1 (Mixed Single Family Residential) Zoning District. Mr. Haeussinger made a motion to deny Type III, Phase I, Variance Request #01-20 by David Zitzmann as submitted with staff findings based on the exceptional circumstances and reasonable use. Mr. Ellis seconded the motion. The motion carried 5-0. FINDINGS: EXCEPTIONAL CIRCUMSTANCES: There are no exceptional circumstances or conditions that apply to the applicant's property that may no apply generally to other properties in the same zoning district. However, the applicant could replat the proposed south parcel as one lot and be aflowedto have that lot as a lot with no frontage. }j t: I� a t REASONABLE USE: The granting of this variance request is not necessary to allow for the reasonable use of the applicant's property. However, the applicant could replat the proposed south parcel as one lot and be allowed to have that lot as a lot with no frontage. Also, the s an existing driveway/access easement which allows for access to the proposed parcel. ABSENCE OF DETRIMENT: The granting of this variance request would not appear to be materially detrimental to the public welfare or detrimental to other property in the area. However, the granting of this variance request would be detrimental to the intent and purpose of the City of Rochester Zoning Ordinance and Land Development Manual. CONCLUSION: The provisions of the Rochester Land Development Manual are hereby not varied as to the aforesaid premises to the extent necessary to create a parcel through the Metes and Bounds subdivision process that will exceed the allowed number of flag lots and/or lots with no frontage, according to the plans therefore dated "Received August 30, 2001, Rochester -Olmsted Planning Department". Denied by the Zoning Board of Appeals of the City of Rochester, Minnesota, on this 3rd day of October, 2001. This resolution was signed this _ day of Chair of said Zoning Board of Appeals Attest: Zoning Administrator Subscribed and sworn to before me this —day of 2001. Notary Public DISTRIBUTION: City Clerk (Original) (Certified Copy) (Copy of Staff Report) City Attorney (Certified Copy) Zoning Administrator (Certified Copy) Applicant (Certified Copy) DENIAL DO NOT RECORD 2001. REQUEST FOR COUNCIL ACTION MEETING DATE: 11-05-01 61*01 *3N PT TBLIC HEARINGS ORIGINATINt PLANNING zr—1,�r M DESCRIPTION: Final Plat #01-45 by Rodney Younge to be known as Eagle Ridge Fifth PREPARED BY: Subdivision. This Plat proposes to subdivide .77 acres of land into 2 lots for single family Theresa Fogarty, development. The property is located along the east side of Aspen Place SW and Eagle Nest Planner Lane SW and at the end of 4e' Street SW. October 31, 2001 Plannin-g Department Review: According to Section 61.221 of the Land Development Manual "A subdivision in which all proposed lots front on a platted or dedicated street right-of-way and no major changes to the right-of-way are proposed may be exempted from the requirements of this paragraph (Land Subdivision Permit). The Planning Staff has reviewed the submitted final plat in accordance with the Rochester Zoning Ordinance and Land Development Manual, Section 61.225 and would recommend approval subject to the following condition: 1. Development related charges associated with this development shall be due within 30 days, invoicing by the City, after Final Plat approval as indicated in the memorandum from the Rochester Public Works Department, dated October 24, 2001. 2. Construction of concrete sidewalk is required at the Owner's expense, along the entire westerly frontage of the property abutting Eagle Nest Lane SW and Aspen Place SW. Council Action Needed: 1. A resolution approving the plat can be adopted. Enclosures: (To be submitted separately to the City Clerk by the Planning Staff upon receipt from the Applicant) 1. City Clerk's Copy of Applications 2. Recording Statement 3. Treasurer/Auditor's Statement 4. Recording Fee 5. Title Opinion 6. 1 Original Plat Mylar 7. 2 Mylar Copies of Plat Attachments: 1. Staff report dated, October 31, 2001. 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 I Olmsted County Government Center. 7. Yaggy Colby Associates COUNCIL ACTION: Motion by: Second by: on Monday, November 5, 2001 in the Council Z 0 L I G l i;1Yd{2s � J iti �a #STgS� i g iss £pptg: ! y pi yggy F 1 d# dF 3dF s 0 y t it- if $ !a id a 3r ! 33I NOIS M IGEMS 6 m o� m Nt=-•LWOLL 0 ¢ NS 33tlld N3dSV q Q W N ti 13831"1IH m 0 0 1 9 r N 1 491! p 90'98 60,B9,f9 k MS X F V ISM 3-19V3 Final Plat #01-45 Eagle Ridge Fifth 600' Notification Distance Ward 2 Marcoux 10/24/01 L E SUMMER 9 ROCHESTER-OLnISTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 - Rochester, VIN 55904-4744 C O U N T Y O F www.olmstedcounly.com/planning TO: Rochester Common Council FROM: Theresa Fogarty, Planner DATE: October 31, 2001 �ii+i�•"'Crb !elrNl�!!t! �psoMion �liii r�I�rvlN RE: Final Plat #01-45 by Rodney Younge to be known as Eagle Ridge Fifth Subdivision. This Plat proposes to subdivide .77 acres of land into 2 lots for single family development. The property is located along the east side of Aspen Place SW and Eagle Nest Lane SW and at the end of 4th Street SW Planning Department Review: Applicant/Owner: Rodney Younge 4033 Echo Point Road Tower. MN 55970-6360 Surveyors/Engineers: Yaggy Colby Associates 717 Third Avenue SE Rochester. MN 55904 Referral Comments: Rochester Public Works Department Rochester Park & Recreation Department Rochester Fire Department Report Attachments: 1. Referral Comments (3 Letters) 2. Copy of Final Plat 3. Location Map Plat Data: Location of Property: This plat is located along the east side of Aspen Place SW and Eagle Nest Lane SW and at the end of 4a' Street SW. Roadways: There are no new roadways being dedicated with this Plat. Pedestrian Facilities: Pedestrian Facilities are required at the Owner's expense along the entire westerly frontage of the property abutting Eagle Nest Lane SW and Aspen Place SW. BUILDING CODE 507/2B5-B213 - GIS/ADDRESSING/MAPPING 5071285.8232 - HOUSING/HRA 507/285-8224 ..,.,.PLANNING/ZONING 507/285-8232 - WELUSEPTIC S071285-8345 FAx 507/287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER i Page 2 Eagle Ridge 5th Subdivision October 31, 2001 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. Drainage: Grading Plans for Eagle Ridge 4'" and 5th Subdivisions have been approved by the Rochester Public Works Department. Storm Water Management is addressed by previously constructed private detention facilities for the Eagle Ridge area. Public Utilities: Utilities are currently available to serve the property. The area included in this proposed subdivision is not covered by an existing Development Agreement. Developer related charges associated with this development shall be due within 30 days, invoicing by the City, after Final Plat approval as indicated in the memorandum from the Rochester Public Works Department, dated October 24, 2001. Spillover Parking: As per Section 63.426 of the LDM, all residential development must provide spillover parking for service vehicles and visitors. This development requires 3 spillover parking stalls. It appears as though the additional parking can be accommodated on the roadways and most likely within private driveways, as well. Parkland Dedication: The City Park and Recreation Department recommends that dedication requirements be met via: Reduction in credits previously established as a result of the 1997 dedication of the 6.04 acre park in the Eagle Ridge Subdivision. The applicant currently has 1.38 acres of dedication credits. Preliminary Plat: According to Section 61,221 of the Land Development Manual "A subdivision in which all proposed lots front on a platted or dedicated street right-of-way and no major changes to the right- of-way are proposed may be exempted from the requirements of this paragraph (Land Subdivision Permit). Planning Staff and Recommendation: The Planning Staff has reviewed the submitted final plat in accordance with the Rochester Zoning Ordinance and Land Development Manual, Section 61.225 and would recommend approval subject to the following condition: 1. Development related charges associated with this development shall be due within 30 days, invoicing by the City, after Final Plat approval, as indicated in the memorandum from the Rochester Public Works Department, dated October24, 2001. Page 3 Eagle Ridge 5th Subdivision October 31, 2001 2. Construction of concrete sidewalk is required at the Owner's expense, along the entire westerly frontage of the property abutting Eagle Nest Lane SW and Aspen Place SW. Reminder to Apolicant: Prior to development, the property owner will need to execute a City/ Owner Contract for construction of all public infrastructure and utilities to serve this subdivision. ROCHESTER WinneJo la TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DATE: 10/24/01 /Z71/ 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 #01-45 on the Eagle Ridge Fifth Subdivision property. The following are the Public Works comments on the proposal: The area included in this proposed subdivision is not covered by an existing Development Agreement. Development related charges associated with this development will be due within 30 days invoicing by the City, after Final Plat approval. 2. Construction of concrete sidewalk is required at the Owner's expense, along the entire westerly frontage of the property, abutting Eagle Nest Ln SW / Aspen PI SW. 3. Stormwater Management is addressed by previously constructed private detention facilities for the Eagle Ridge Area. Development Charges applicable to the development of this property include: •:• J8569 Baihly High Level Tower @ 0.77 acres x $1,225.50 per acre, plus 10 years interest @ 7.5% from 3/3/83, totaling=$1,651.37 J8072 Trunkline Sanitary Sewer to CCM @ 0.77 acres x $300 per acre = $231.00 C:IWINDOWS\Temporary Internet Files\0LKB022\FP01-45 Eagle Ridge 5lh Subd.doc ROCHESTER PARK AND R-'-.REATION DEPARTMENT ' 201 FOURTn STREET SE / ROCHESTER MINNESOTA 55904-3769 �7> TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: October 23, 2001 TO: Jennifer Garness Planning RE: Eagle Ridge 5th Acreageof plat.......................................................... .77 a Number of dwelling units............................................1 2 units Dwelling unit density ................................................... 2.59 units/a Density factor............................................................ .0244 Dedication............................................................... .05 acres The Park and Recreation Department recommends that dedication requirements be met via: Reduction in credits previously established as a result of the 1997 dedication of the 6.04 acre park in the Eagle Ridge Subdivision. The applicant currently has 1.38 acres of dedication credits. 0:\DST0TZ\2001\DEDICATI0N\SW 2897\EAGLE RIDGE S.DOC REQUEST FOR COUNCIL ACTION MEETING 7 DATE: 11-5-01 I`'I*NICHtR PT TBLIC HEARINGS ORIGINATING DEPT: ITEM NO. PLANNING _M DESCRIPTION: Final Plat #01-46 by THE Realty to be known as Northwest Plaza PREPARED BY: Fifth Subdivision. This Plat proposes to resubdivide part of Lot 3, Block 1, Northwest Brent Svenby, Plaza Subdivision into one lot for commercial development. The property is located north Planner of Rogan Shoes and south of Econo Foods in the Northwest Plaza Shopping Center November 1, 2001 Planning Department Review: See attached staff report dated November 1, 2001 recommending approval subject to the following modifications / conditions: 1. The applicant provide to the Public Works Department and the Planning Department copies of a private access easement to ensure that there is adequate access to the /of. The easement documents in recordable Form shall be submitted with the final plat documents to the City for recording with the final plat documents. 2. The owner shall payoff a proportional share of the current assessment balance for J9173 "Northwest Trunk Sanitary Sewer" attributable to Lot 3, Block 1, Northwest Plaza Subdivision prior to the recording of the final plat documents. The proportional share of the assessment balance shall be based on the area of the plat in relation to the total area for Lot 3, Block 1, Northwest Plaza. 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 p on Monday, November 5, 2001 in the Council . Z)UNCILACTION: Motion by: Second by: to: C. V1053NNWH3153HDO8 VZVld MN Sic obi 2 Ps as d 7 wm E� 1 � 3 g O Q m ro? g Ffa i) i N0018 IB9'Z8L Z 101 ,t�l,G l.a tC I T l / J I t~i I �NuI INIaaIi:_, are tl N H � le J CZ H e I f l 01 W if, 0 a 5 n Z n J m L N L F— �.' --L- w VZH Id YON 1 O .a N Z As 3 L o J 0�n LL— --_1— _i1 0 N — Z'GLZ ,SY Z,9LnA401 a311"mn I •� L:° � :e i E a eI Ef e ER � _ L Et Pa x {EF { 1_I E B e � w , tl t a c b � J �iaEggF 6 t f aj @ b ,#' , �.sFid /V ROCHESTER-OLMSTED PLANNING DEPARTMENT OY pOCHESTER:.r//41F 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 .c'�,••' • •row COUNTY OF OF www.olmstedcounty.com/planning �o,•• �iNrrwV An'••.. •.. OR'�TED.AU GUST'S TO: Rochester Common Council FROM: Brent Svenby, Planner DATE: November 1, 2001 RE: Final Plat #01-46 by THE Realty to be known as Northwest Plaza Fifth Subdivision. The applicant is requesting approval to re - Subdivide part of Lot 3, Block 1, Northwest Plaza Subdivision into one lot for commercial development. The property is located north of Rogan Shoes and south of Econo Foods in the Northwest Plaza Shopping Center. Planninq Department Review: Applicant/Owner: THE Realty 2127 innerbelt Business Center Drive, Suite 200 St. Louis, MO 63114 Surveyors/Engineers: Referral Comments: Report Attachments: Plat Data: Yaggy Colby Associates 717 Third Avenue BE Rochester, MN 55904 1. Rochester Public Works Department 2. Rochester Fire Department 1. Referral Comments (2 Letters) 2. Copy of Final Plat 3. Location Map Location of Property: This plat is located along the south side of 55ei Street NW, west of the West Frontage Road of Highway 52. The site is located north of Rogan Shoes and south of Econo Foods in the Northwest Plaza Shopping Center. Zoning: The property is zoned Arboretum Special District on the City of Rochester Zoning Map. Proposed Development: The applicant is proposing to re -subdivide a part of Lot 3, Block 1 Northwest Plaza Second Addition into 1 lot, Roadways: There are no new roadways being dedicated with this Plat. The applicant will need to provide BUILDING CODE 507/285-8213 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 507/205.8224 .�anw.. PLANNING/ZONING 5071285-8232 • WELUSEPTIC 507/285-8345 FAX 507/287-2275 AN EOUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER i Page 2 Northwest Plaza 5th Subdivision November 1, 2001 documentation that access is provided to the lot. 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. Drainage: Grading and Grading Plans have been approved for the development on the lot. Public Utilities: Utilities are currently available to serve the property. There is a current assessment balance for J9173 "Northwest Trunk Sanitary Sewer" on the property. The owner will be required to payoff a proportional share of the assessment balance, based on the area of the plat, in relation to the total lot area for Lot 3, Block 1, Northwest Plaza. Spillover Parking: General Development Plan: Preliminary Plat: Parking for the development was determined at the time of Site Development Plan Review. The development of the property is consistent with the approved plan for the Northwest Shopping Center. The property was originally platted in the 1992. The applicant is now proposing to re -subdivide the property. No new right-of-way is being dedicated as part of this replat. Planning Staff and Recommendation: The Planning Staff has reviewed this final plat in accordance with the Rochester Zoning Ordinance and Land Development Manual, and would recommend approval subject to the following conditions or modifications: 1. The applicant provide to the Public Works Department and the Planning Department copies of a private access easement to ensure that there is adequate access to the lot. The easement documents in recordable form shall be submitted with the final plat documents to the City for recording with the final plat documents. 2. The owner shall payoff a proportional share of the current assessment balance for J9173 "Northwest Trunk Sanitary Sewer" attributable to Lot 3, Block 1, Northwest Plaza Subdivision prior to the recording of the final plat documents. The proportional share of the assessment balance shall be based on the area of the plat in relation to the total area for Lot 3, Block 1, Northwest Plaza. Reminder to Applicant: Prior to development, the property owner will need to execute a City/Owner Contract for construction of all public infrastructure and utilities to serve this subdivision. i ylT ROCHESTER /P/inne9ota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DATE: 10/24/01 N DEPARTMENT OF PUBLIC WORKS 201 4" Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the application for the a Final Plat #01- 46 on the Northwest Plaza Fifth Subdivision property. The following are Public Works comments on this request: Grading & Drainage Plans have previously been approved based on the Final Site Plan submittal for the proposed development of this subdivision. 2. Execution of a City -Owner Contract is required if the extension of Public Watermain, and/or addition of Hydrant(s) is required for this development. 3. There is a current assessment balance for J9173 "Northwest Trunk Sanitary Sewer', attributable to Lot 3, Block 1, Northwest Plaza Subdivision, totaling $9,352.46. At a minimum, the Owner is required to payoff a proportional share of the assessment balance, based on the area of the proposed Northwest Plaza Fifth plat, in relation to the total lot area for Lot 3, Block 1, Northwest Plaza. C:\WINDOWS\Temporary Inlemet Files\0LKB0221FP01-46 Northwest Plaza 5th Subd.doc REQUEST FOR COUNCIL ACTION MEETING /`rCr% DATE: 11-5-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. DT T13LIC HEARINGS PLANNING _.A DESCRIPTION: Final Plat #01-47 by Oppidan Investment Company to be known as PREPARED BY: Northwest Plaza Sixth Subdivision. This Plat proposes to resubdivide part of Lot 1, Block Brent Svenby, 1, Erickson's Subdivision into one lot for commercial development. The property is Planner located north of Rogan Shoes and south of Econo Foods in the Northwest Plaza Shopping Center. November 1, 2001 Planning Department Review: See attached staff report dated November 1, 2001 recommending approval subject to the following modifications conditions: 1. The plat shall be revised to identify the portion of an existing 20' utility easement located within the northwesterly side of the plat. 2. The applicant provide to the Public Works Department and the Planning Department copies of a private access easement to ensure that there is adequate access to the lot. The easement documents in recordable form shall be submitted with the final plat documents to the City for recording with 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. on Monday, November 5, 2001 in the Council Chambers at the Rochester I Olmsted County Government Center. 7. Yaggy Colby Associates JUNUL ACTION: Mouon by: Second by: to: 0 6 e 1 ter,° I NOOIfl ,BO,CY. NOISIAloen5 VZtlld S MMHAON f �� va i f 6 d jjT{� p r T- a Y# y _� EMI ( F 0 2 W g � T � gg 8 d g :y. AI NVId DN1)I'dVd (INV 311S 3 e_ V10S3NNIW'S3lS3H:)ON ? NOISIAIasnS H1XIS VZVld 1S3MHAON ! i / R / a •'e x U � $o `1 z 0 NO n i f ` 5q F3 n ggSiS .iil I ROCHESTER-OLDISTED PLANNING DEPARTMENT uF,a°`•H-ESTER%I!,In.� 5 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 OA C U u N„ a , www.olmstedcounty.com/planning c�.. kp •. �'49 TEDAUGUST'' TO: Rochester Common Council FROM: Brent Svenby, Planner DATE: November 1, 2001 RE: Final Plat #01-47 by Oppidan Investment Company to be known as Northwest Plaza Sixth Subdivision. This Plat proposes to resubdivide part of Lot 1, Block 1, Erickson's Subdivision into one lot for commercial development. The property is located north of Rogan Shoes and south of Econo Foods in the Northwest Plaza Shopping Center. Plannin4 Department Review: Applicant/Owner: Oppidan Investment Company 5125 County Road 101 Minnetonka, MN 55345 Surveyors/Engineers: Yaggy Colby Associates 717 Third Avenue SE Rochester, MN 55904 Referral Comments: 1. Rochester Public Works Department 2. Rochester Fire Department 3. Rochester Public Utilities — Water Division Report Attachments: 1. Referral Comments (3 Letters) 2. Copy of Final Plat 3. Location Map Plat Data: Location of Property: This plat is located along the south side of 55`" Street NW, west of the West Frontage Road of Highway 52. The site is located north of Rogan Shoes and south of Econo Foods in the Northwest Plaza Shopping Center, just north of the proposed Northwest Plaza 51h Subdivision. Zoning: The property is zoned Arboretum Special District on the City of Rochester Zoning Map. Proposed Development: The applicant is proposing to re -subdivide a part of Lot 1, Block 1 Erickson's Subdivision into 1 lot. BUILDING CODE 507/285-8213 - GIS/ADDRESSING/MAPPING 507/2B5-8232 - HOUSING/HRA 507/286-8224 .-weww PLANNING/ZONING 5071285-8232 - WELL/SEPTIC 5071285-8345 FAX 507/287-2275 AN EOUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 Northwest Plaza 6" Subdivision November 1, 2001 Roadways: There are no new roadways being dedicated with this Plat. The applicant will need to provide documentation that access is provided to the lot. 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. Grading and Grading Plans will be reviewed at the Drainage: time a development plan is submitted for the property. Public Utilities: Utilities are currently available to serve the property. RPU-Water Division indicates that there is a portion of a 20' utility easement for a fire hydrant and water main within the northwesterly side of Lot 1, Block 1 that must shown on the plat. Spillover Parking: Parking for the development will be determined at the time of Site Development Plan Review. General Development Plan: The development of the property is consistent with the approved plan for the Northwest Shopping Center and the Arboretum GDP. Preliminary Plat: The property was originally platted in the 1992. In 1997 This portion of the property was replatted as Erickson's Subdivision. The applicant is now proposing to re -subdivide the property again. No new right-of-way is being dedicated as part of this replat. Planninq Staff and Recommendation: The Planning Staff has reviewed this final plat in accordance with the Rochester Zoning Ordinance and Land Development Manual, and would recommend approval subject to the following conditions or modifications: 1. The plat shall be revised to identify the portion of an existing 20' utility easement located within the northwesterly side of the plat. 2. The applicant provide to the Public Works Department and the Planning Department copies of a private access easement to ensure that there is adequate access to the /at. The easement documents in recordable fonn shall be submitted with the final plat documents to the City for recording with the final plat documents. Reminder to Applicant: Prior to development, the property owner will need to execute a City/ Owner Contract for construction of all public infrastructure and utilities to serve this subdivision. pu'_ 1!�4 we pledge, we deliver October 24, 2001 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Final Plat #01-47 by Oppidan Investment Company to be known as Northwest Plaza Sixth Subdivision. Dear Ms. Gamess: Our review of the referenced final plat is complete and our comments follow: 1. Our records indicate there is a portion of a 20' utility easement for a fire hydrant and water main within the northwestern side of lot 1, Block 1 that must be shown on the plat. Please contact us at 507-280-1600 if you have questions. Very truly your s, "W� Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Yaggy Colby Associates Oppidan Investment Company Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 ROCHESTER VV/innedota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DATE: 10/24/01 DEPARTMENT OF PUBLIC WORKS 201 4" Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the application for the a Final Plat #01- 47 on the Northwest Plaza Sixth Subdivision property. The following are Public Works comments on this request: 1. Grading & Drainage Plans will be reviewed at the time a development plan is submitted for this property. 2. Execution of a City -Owner Contract will be required, if the extension of Public Watermain, and/or addition of Hydrant(s) is required to develop this property. 3. An assessment for J9173 "Northwest Trunk Sanitary Sewer', has previously been paid for this property. C:\WINDOWS\Temporary Intemet Files\OLKB0221FP01.47 Northwest Plaza 6th Subd.doc REQUEST FOR COUNCIL ACTION MEETING DATE: 11-5-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING M DESCRIPTION: Vacation Petition #01-11 by Joseph and Wendy Postier and PREPARED BY: Western Walls, Inc, to vacate 8 feet of platted right-of-way lying westerly of Rose Theresa Fogarty, Heights Drive along Lot 1, Block 2, Rose Harbor Second Subdivision and 8 feet of Planner platted right-of-way lying easterly of Rose Heights Drive along Lot 1, Block 1, Rose Harbor Second Subdivision. The platted right-of-way is located south of Eastwood Road (Co. Road 144) along Rose Heights Drive. October 25, 2001 Planning Department Recommendation: See attached staff report dated October 3, 2001. Staff recommends approval of the vacation petition as submitted. The Planning & Zoning Commission reviewed this vacation request at the October 10, 2001 meeting. The Commission recommended approval of the vacation petition. Ms. Weisner moved to recommend approval of Vacation Petition #01-11 by Joseph and Wendy Postier and Western Walls, Inc. Mr. Staver second the motion. The motion carried 7-0. Council Action Needed: 1. Following the hearing, if the Council wishes to proceed; it should instruct the City Attorney to prepare a resolution to approve the vacation petition as recommended by the City Planning and Zoning Commission. Attachments: 1. Staff Report dated October 3, 2001. 2. Minutes of the CP&ZC October 10, 2001 meeting. Distribution: 1. City Administrator 2. City Clerk 3. City Attorney: Copy of legal description is attached 4. Planning Department File 5. Applicants: This item will be considered by the Council sometime after 7:00 p.m. on Monday, November 5, 2001, in the Council/Board Chambers at the Government Center, 151 4'a Street SE, Rochester, MN. 6. McGhie & Betts, Inc. :OUNCILACTION: Motonbx second /5 STREET VACATION VACATION DESCRIPTION (Rose Heights Drive): The westerly 8.00 feet of Rose Heights Drive as dedicated on the plat of ROSE HARBOR SECOND SUB-DMSION adjoining Lot 1, Block 2 and the easterly 8.00 feet of said Rose Heights Drive adjoining Lot 1, Block 1, all in said ROSE HARBOR SECOND SUB-DMSION, Rochester, Minnesota 0 EXHIBjT N SCALE 1° = 20C' e 6 _ COUN-fY ROAO 144 _�� • f —ram 4 I 5 �g 8 Fs ` T 1 I` 8' STRESI 1 9 L I V C K 1 1 VACATION I 3� --T 1_ —�— — (� ' ' I B S'10 EI' `TI 1, 12 I 13 14 i "I5 VACATION POSE FEIGHHTT1S DRIVE — �I 4 f �! I ` F10—F 11112 I 7 1 8 1 9 1 L JI BLOCK FOR WESTERN 'HALLS, INC. 604 11TH AVENUE NE ROCHESTER, MINNESOTA 55901 McGhie eenaWting tnglnaa. 1a4a 3rd SCAtE.• 1" = 200' ""7 ar Betts lnc. GATE : Lend Sury yw ACCT. NO. 507-280-39tg RLE NO. : NJB 1013 /06 70 I Cadd Na BK. PG. ROCHESTER-OLMSTED PLANNING DEPAniMENT l 2122 Campus Drive SE, Suite 100 F Rochester, MN 55904-4744 o a a X TV OF www.olmstedcounty.com/planning �gINlD a.4 A O 1..lI@ ■I�w_w_7�.ca.�rl1 lN�inrU'� ai��� F. TO: City Planning and Zoning Commission FROM: Theresa Fogarty, Planner DATE: October 3, 2001 RE: Vacation Petition #01-11 by Joseph and Wendy Postier and Western Walls, Inc. to vacate 8 feet of platted right-of-way lying westerly of Rose Heights Drive along Lot 1, Block 2, Rose Harbor Second Subdivision and 8 feet of platted right-of-way lying easterly of Rose Heights Drive along Lot 1, Block 1, Rose Harbor Second Subdivision. The platted right-of-way is located south of Eastwood Road (Co. Road 144) along Rose Heights Drive. Planning Department Review: Petitioner(s): Joseph and Wendy Postier 2112 Viking Drive NE Rochester, MN 55906 Western Walls 604 NE 110 Avenue Rochester, MN 55906 Architect / Engineer: McGhie & Betts, Inc. 1648 Third Avenue SE Rochester, MN 55904 Reason to Vacate: The right-of-way was dedicated years ago using design standards of a roadway meeting rural design standards. Urban roadway design standards will be used on the roadway when it is constructed. Referral Comments: No comments received. Report Attachments: 1. Vacation Petition 2. Location Map Staff Recommendation: In a previous vacation petition, the roadway right-of-way adjacent to other lots along this roadway was vacated. In order to be consistent with right-of-way width for this roadway, a vacation petition has been filed for these lots where the right-of-way has not been vacated. Staff recommends approval of the vacation petition BUILDING CODE 5071285-8213 • GIS/ADDRESSING/MAPPING 507/265-8232 • HOUSINGmRA 5071285-8224 ..w.e rw. PLANNING/ZONING 507/2B5-8232 • WELL/SEPTIC 507/285-B345 FAX 5071287-2275 AN EOUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 5 City Planning and Zoning Commission Minutes Hearing Date: October 10, 2001 RIGHT-OF-WAY VACATION: Vacation Petition #01-11 by Joseph and Wendy Postier and Western Walls, Inc. to vacate 8 feet of platted right-of-way lying westerly of Rose Heights Drive along Lot 1, Block 2, Rose Harbor Second Subdivision and 8 feet of platted right-of-way lying easterly of Rose Heights Drive along Lot 1 Block 1 Rose Harbor Second Subdivision. The platted right- lll��_ of -way is located south of Eastwood Road (Co. Road 144) along Rose Heights Drive. Ms. Wiesner moved to recommend approval of Vacation Petition #01 11 by Joseph and Wendy Postier and Western Wails, Inc Mr Staver seconded the motion. The motion rarriari7.n" ••:�' s�..! ,..�,."',�"'Y .,#r .# „ r..e..,_- Mr. Brent Svenby presen d the staff report, dated October 5, 20 , to the Commission. The staff report is on file at the chester-Olmsted Planning Deparyent. Mr. Svenby stated that the deve er had concerns with r rd to providing more retail space along 1" Street and also with the No uest to move the n entrance to the building at the corner of Broadway and 1" Street. - Ms. Wiesner asked if there was a height` pitatioryrn the CDC. Mr. Svenby responded no. Ms. Petersson asked how many parkingAa applicant was providing. Mr. Svenby responded 18. He Indi?led that, as des ned, they do not meet the Ordinance requirements. Therefore, the app' ant will either nee revise those spaces to meet the standards of the Ordinance or f for a variance. He st\entrance plicant did a parking study, as well as the City. H tated that Doug Knott, fristration, was present to answer any questions reg ing parking concerns. Mr. Staver asked why aff was recommending that the oved to the corner of 1" Street and Broadwa . Mr. Svenby res nded that one criteria for an incentive development is nting bonuses in exchange for' corporating features determined to be a public benefit. He ated that staff felt that it see d to be more of a public benefit to have the main focal point on corner of ist Street a Broadway. REQUEST FOR COUNCIL ACTION MEETING DATE: 11/5/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING 2� _ 9 ITEM DESCRIPTION: Comprehensive Plan Policy on Affordable Housing and Diversity PREPARED 8Y: Phil Wheeler, AICP, Plannine Director November 1, 2001 Background As part of its review and endorsement of the 2151 Century Partnership Community Strategic Plan for Diversity, the Rochester Common Council initiated the process of including two sections of that Plan in the City's Comprehensive Plan. The two sections include • policies addressing affordable housing and diversity;and • policies addressing environmental justice considerations in local infrastructure investment decisions. The plan refinement process will be separate and different for these two policy documents. The environmental justice policy will come through ROCOG before coming to the Planning and Zoning Commission and the Council. The Council directed staff to review the affordable housing and diversity policies with the Rochester Housing Council before initiating the hearing process. Staff have reviewed the affordable housing and diversity policy with the Housing Council and the Rochester Neighborhood Resource Center Board received their suggested revisions and support. The attached document incorporates their recommended changes. The Rochester Planning and Zoning Commission conductedd-a hearing on the proposed amendment at its regularly scheduled meeting of October 10, 2001, and voted unanimously to recommend adoption of the attached Comprehensive Plan amendment. Recommendation: The 21" Century Partnership correctly identified diversity as one of the seven key make or break issues that the community must address to succeed in the current century. Affordable housing is also a critical problem in this community. Segregation of affordable housing is a serious threat to the future of Rochester. Planning staff recommends your approval of this plan amendment. Distribution: 1. City Administrator 1 2. City Attorney 41 l, 3. Planning Department File COUNCIL ACTION: Motlonby: Second ROCHESTER - OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DRIVE SE, SUITE 100, ROCHESTER, MN, 55904-4744 PH: (507) 285-8232 FAX: (507) 287-2275 To: Rochester Planning and Zoning Commission From: Phil Wheeler, AICP, Planning Director Date: September 28, 2001 Re: Hearing on Comprehensive Plan Amendment Addressing Affordable Housing and Diversity As part of its review and endorsement of the 21" Century Partnership Community Strategic Plan for Diversity, the Rochester Common Council initiated the process of including two sections of that Plan in the City's Comprehensive Plan. The two sections include • policies addressing affordable housing and diversity;and • policies addressing environmental justice considerations in local infrastructure investment decisions. The plan refinement process will be separate and different for these two policy documents. The environmental justice policy will come through ROCOG before coming to the Planning and Zoning Commission for your review. The Council directed staff to review the affordable housing and diversity policies with the Rochester Housing Council before initiating the hearing process. We have reviewed the affordable housing and diversity policy with the Housing Council and the Rochester Neighobrhood Resouce Center Board received their suggested revisions and support. The attached document incorporates their recommended changes. Recommendation: The 2131 Century Partnership correctly identified diversity as one of the seven key make or break issues that the community must address to succeed in the current century. Affordable housing is of course also a critical problem in this community. Segregation of affordable housing is a serious threat to the future of Rochester. Planning staff recommends your approval of this plan amendment. COMPREHENSIVE PLAN POLICY ON AFFORDABLE HOUSING AND DIVERSITY The City of Rochester is suffering from a critical shortage of affordable housing (for the definition of this and other terms in italics, please see the glossary at the end of this document). Rental vacancy rates for market rate units were estimated at around 1-2% in the 1998 Housing Study prepared for the Olmsted County Housing and Redevelopment Authority. Preliminary data from the 2000 Census indicates an overall rental vacancy rate of 4% (which may include units under construction or already called for and therefore not truly on the market). By comparison, the national average rental vacancy rate from 2000 Census data is 6.8%. Many area employers need entry level and other lower paid employees to fill the jobs that they are creating. According to economic forecasters, the major impediment to the continued economic growth of the Rochester -Olmsted community is the critical shortage of affordable housing. The 218` Century Partnership Diversity Task Force Report discusses the need to increase the supply of affordable housing and the need to provide affordable housing in scattered locations throughout area communities. Some neighborhood groups have opposed affordable housing proposals based in part on concerns about increased traffic, increased crime, and adverse impacts on property values. Opposition to affordable housing in areas adjacent to established neighborhoods threatens to exclude affordable housing from newly developing areas. Such exclusion may result both in a shortage of affordable housing as well as in a community that is segregated by income class. Segregation by income class may lead to de facto segregation by race in our community. Continuing to curtail the supply of land for affordable housing in fringe locations will jeopardize the supply of affordable housing and will result in concentrating affordable housing in a few heavily impacted neighborhoods. Evidence from national studies confirms that scattered subsidized and other lower cost housing development does not adversely affect housing values in adjacent areas. On the other hand, studies indicate that segregating lower cost housing in a few neighborhoods clearly destabilizes those neighborhoods, leading to declining housing stock, declining performance in neighborhood schools, and other social problems. We are at a crossroads in our community. We can design our future to consist of integrated neighborhoods with an adequate supply of housing in a variety of price ranges. Or we can design our community to consist of concentrated pockets of lower cost housing isolated from the remainder of the community. The experience of other cities in the US clearly indicates that integration is the more desirable future. Dividing our community either by income or by race fosters inequity, isolation, barriers to communication, and ultimately divisiveness. Class segregation, even without corresponding race segregation, is inimical to the long term cohesiveness of our community and to our quality of life. A community that is not integrated ultimately will disintegrate. Recommendations: 1. THE CITY OF ROCHESTER: • support low income tax credit housing and other subsidized housing. • accommodate private development proposals that include townhouses, condominiums, apartments, and manufactured housing as part of neighborhood development areas. 16.12 FA • enforce minimum standards for housing and enforce such ordinances as the Disorderly Use Ordinance in order to address neighborhood concerns about crime and potential impacts on property values. • increase the supply of land zoned for lower cost housing, especially providing for mixtures of housing by style and cost. • provide for neighborhoods with housing that is integrated by income class as well as by race, through density bonuses and other incentives, for example. 2. AREA DEVELOPERS: • accommodate affordable housing up front as part of well -planned communities. • provide for affordable housing as an integrated part of neighborhood development plans • address concerns related to traffic and property values. 3. REAL ESTATE MARKETERS, LANDLORDS, AND OTHERS WHO PROVIDE GUIDANCE TO PEOPLE LOCATING IN OLMSTED COUNTY - provide accurate information to new or relocating residents about all neighborhoods, without making assumptions about the preferences those residents may have based on their race or income; avoid steering. • treat all housing customers equally • characterize all neighborhoods accurately. 4. NEIGHBORHOODS AND COMMUNITY MEMBERS: • Neighborhood groups should communicate to their members ➢ that lower income households are not equivalent to lower quality families ➢ that the "goodness" of a neighborhood is not measured by the price of its structures but by the character of its residents ➢ that the quality of a community is not measured by the degree to which it is exclusive. • Neighborhood groups need to focus neighborhood concerns about housing on legitimate issues that can be remedied (accommodating traffic without disrupting neighborhoods, ensuring good management of rental housing, and so on). • Neighborhoods and the community need to create a welcoming environment in all neighborhoods for persons of diverse ethnic and economic backgrounds. Measures of Effectiveness The following indicators should be relied on to measure the success of policy implementation: • For affordable housing, vacancy rates by price range for owner and renter occupied housing. • For the enforcement of minimum standards of housing and crime -free neighborhoods, crime, police calls, and housing violation data. /� • For segregation, the "dissimilarity index," adjusted to reflect population size and minority proportions in the community, representing the percentage of a minority population that would need to move to a different neighborhood in order to result in an even distribution of the population across the community. • Also for segregation, the concentration of minority population, which can be determined by calculating the weighted mean percentage of minority residents living in blocks with minority residents. For the student population in Rochester in 1998, blocks with any minority students averaged 39% minority students, as compared to a district average of 15%. • For segregating practices, records of complaints received by the Human Rights Commission related to suspected block -busting, redlining, and racial or other steering. Glossary For the purposes of this policy statement, the terms below have the following definitions: • "Affordable housing" means housing that, through subsidy or other means, costs no more than 30% of the household income of households earning 80% of the area's median income. • "Block -busting," a practice outlawed by the 1968 Fair Housing Act, means the practice of encouraging panic selling among the white majority by inducing fears of "neighborhood transition," and other code words for racial diversity in neighborhoods. • "Integrated" means including low income and other minority populations in roughly the same proportions as their proportions in the community, reflecting the goal that neighborhoods include diverse populations while avoiding concentrated poverty and racial segregation. • "Neighborhood" means an area with generally identifiable geographic boundaries roughly equivalent in size and population to the fully developed attendance area of an elementary school. • "Redlining" is the illegal restriction on mortgages in certain neighborhoods based on their racial composition. "Steering" is the practice of directing members of certain racial or income groups into or away from certain neighborhoods, regardless of eligibility for or interest in individual houses in other neighborhoods. High -income individuals may be directed away from certain neighborhoods even if they express interest in houses in mixed income, integrated neighborhoods. Low income or minority individuals may be directed away from certain neighborhoods even if they would qualify as purchasers of individual houses in those neighborhoods. I k Page 12 City Planning and Zoning Commission Minutes Hearing Date: October 10, 2001 Mr. Larson exp\ct ncern with having to build a wall and footings to shield the containers. He stated that id congestion and create a problem for trucks to maneuver around. Also, it would bhibitive for them to continue to use the storage containers they presently own.Ms. Petersson at Trademart was currently zoned. Mr. Larson responded BAHe stated that they did not receive an/perty. s they did not know that they were to obta%rtidential em. Ms. Rivas asked if there are homes to the south of the Mr. Larson responded no. Ms. Rivas asked how many contain rs Trademart owne Mr. Larson responded 70. He indicat that the ma' ity of them were painted. Ms. Rivas asked how purchasing 70 con ine ould be less expensive than constructing an additional warehouse. Mr. Larson explained that the additiona]Xarkouse would cost approximately $2 million. Mr. Robert DeWitz, of 604 11the A ue NW, chester MN, addressed the Commission. He explained that he had semi -trailer that are park in subdivisions while the houses are being constructed. He stated that th do not move the ailers often while constructing the subdivision. He stated that t y keep their lumber iN the trailer-. Mr. DeW itz a/iftherad been any complaints re ived over the years with regard to the trailers. Mr. Harford r. However, he indicated that pr sent text amendment would not address the tDeWitz uses. Ms Wiese` moved o continue City Inttiated Text Amend nt,#01 12 to October 24, 2001. ' M- Hod4son-seconded thb' otion...Ttie matt n came `T 0�' , Mr, l6rford asked the Commission to call him with any further sugge\tions Commission took a five-minute break. area developers neighborhoods and others to accomplish these goals. &q Page 13 City Planning and Zoning Commission Minutes Hearing Date: October 10, 2001 Mr. Phil Wheeler presented the staff report, dated September 28, 2001, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Mr. Wheeler stated that Mary Gorfine and Bill Boyne were present from the 21" Century Partnership to answer any questions. Ms. Wiesner asked if a proposal comes before the Commission or Council with the wording .'affordable housing", should it benefit the petitioner. Mr. Wheeler responded that the Commission would need to use their own judgment. Mr. Wheeler stated that the Plan talks about the desirability for providing for integration of affordable housing into higher value housing. He explained that it does not guarantee that the Council will approve affordable housing proposals that do so. However, it attempts to provide direction for the City to provide for neighborhoods with housing that is integrated by income class. Mr. Wheeler explained that the minority population in Rochester has doubled, while segregation has decreased. He stated that he thought it was due to the result of increased home ownership by the Asian minority population and the surge in rental housing, which has been scattered throughout the community. Currently, trends are good, but need to be monitored. Discussion ensued regarding neighborhoods concerned with the value of homes during developments. Mr. Burke asked if the Plan is a precursor to inclusionary zoning. Mr. Wheeler responded that the dispersion of rental housing and affordable housing appears to be such that we do not need to adopt inclusionary zoning. However, if we see a trend toward increased segregation, we may want to consider inclusionary zoning. Discussion ensued regarding inclusionary zoning. Ms. Mary Gorfine, of 2315 10'h Avenue NW, Rochester MN, addressed the Commission. She explained that, when the project began in 1996, there were over 800 Rochester and Olmsted County residents who participated in the process. Since then, there are many hundreds of other community members who are working on implementation of lots of 216' Century Partnership goals and recommendations, Ms. Gone stated that most reasonable people do not object philosophically to the concept that everyone should have access to safe and affordable housing. Implementing the process is completely different and difficult. Ms. Gorfine explained the connection between the social health of a community and the economic health. She stated that the shortage of affordable housing is an impediment to business expansion and ultimately an economic barrier to economic growth in a community. Ms. Gorfine stated that she has been soliciting endorsements from organizations and local units of government over the last year. She stated that almost everyone has endorsed the Diversity Plan. She explained that the amendment before the Commission was pretty much what was in the Diversity Plan. Page 14 City Planning and Zoning Commission Minutes i Hearing Date: October 10, 2001 With no one else wishing to be heard, Ms. Petersson closed the public hearing. Ms. Wiesner; moved to recommend approval of the, Comprehensive Plan Policy on Affordable, Housing and Diversity as drafted. Mr. Ohly;seconded the motion. The motion carried 7-0. The staff report is on Ms. Wiesner movec Anderson; 'inc. with at the Rochester -Olmsted Planning OTHER BUSINESS: 1. Development District #22_; Mr. Brent Svenby presented the Administrative Assistant of City, 28, Tn ?Fuq' ji Dy nrause- a onded. the motion. The memorandum from Terry Spaeth, Ms. Rivas moved to,recortimend that;Dev o\r,mo nt Dis#nct #22 and Tak increment Financing District #�22 1 is consistent w tches"ter Urban Service Area Land Use Plan. Mr. Staver seconded the motion Theon carried 7-0. 2. As may be brought up w Ms. Rivas asked if t;d: Ms. Petersson stateshe ADJOURN: Motion mad Chair, adjourned t Respectfully Submi issio wanted to discuss wh to talk about residential parking. ould circulate a -mails to deci a on a date and time. Hodgson to adjourn, seconded by . Rivas. Ms. Petersson, g at 9:55 P.M. Philip H. Whee er, AICP Ms. Mary Petersson, Chair jig REQUEST FOR COUNCIL ACTION MEETING /6' r DATE 11-05-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING 4E-_ /O ITEM DESCRIPTION: City Initiated Text Amendment #01.11, to amend Section 61.211 of PREPARED BY: the Rochester Zoning Ordinance and Land Development Manual. This Section addresses Brent Svcn,,, when a general development plan is required. Planner October 30, 2001 City Planning and Zoning Commission Recommendation: On October 10, 2001 the City Planning and Zoning Commission held a public hearing to review the proposed zoning text amendment. The Planning & Zoning Commission found that the proposed amendment meets the criteria outlined in Paragraph 60.336 (2) of the Land Development Manual and recommended approval of the proposed amendment. Stever moved to approve Text Amendment #01-11 with staff suggested findings. Seconded by Hodgson. The motion carried 5-1, with Ohly voting nay Planning Staff Recommendation: See attached staff report dated October 4, 2001. Council Action Needed: 1. If the Council wishes to proceed with the text amendment, it should instruct the City Attorney to prepare an ordinance that can be adopted. The Council's decision must be supported by findings based on the criteria listed in Paragraph 60.338 (2) of the Rochester Zoning Ordinance and Land Development Manual (see attached staff report). Distribution: 1. City Administrator 2. City Clerk 3. City Attorney 4. Planning Department File COUNCIL ACTION: Mown by: second by: to: T DATE: TO: FROM RE: ROCHESTER-OLNISTED PLANNING DEPA...MENT 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 C c U x *. OF www,olmstedcounty.com/planning October 4, 2001 Rochester Planning and Zoning Commission Brent Svenby, Planner lturin�_�ix► p"'W'ZManiut- NV,nwI Text Amendment #01-11, Initiated by the Rochester Planning and Zoning Commission Section 61.211 requires a General Development Plan for upzonings. The upzoning districts listed in the Ordinance include the R-1x, R-3, R-4, M-1, M-2, B-1 and B-4 but not the R-2 zoning district. Staff has required a General Development Plan be submitted for any application requesting the R-2 zoning district. This section should be amended to add that zoning property to the R-2 district requires a General Development Plan. Text Amendment: Section 61.211 to add that an upzoning to the R-2 zoning district requires a General Development Plan. The change is shown as underlined text in the following paragraph. 61.211 When a General Development Plan is Required: Approval of a General Development Plan shall be required for any site where the eventual platting of the property involves approval of a Type I II land subdivision permit. A General Development Plan also shall be required for land use plan amendments and for any upzoning to the R-1x, R2, R3, R4, M1, M2, B1, and B4 zoning districts and for the division of any land zoned as such. No Type III land subdivision permit shall be approved until a General Development Plan for the property has been approved. A General Development Plan is not required for Type I and II applications for which no TIR is required pursuant to Section 61.520 and no new street connections are necessary. FINDINGS & RECOMMENDATION: A decision must be supported by finding based on the criteria listed in Paragraph 60.338 (2) of the Zoning Ordinance as follows: a) whether there is a public need for the amendment; b) whether the amendment will accomplish one or more of the purposes of this ordinance, the Comprehensive Plan or other adopted plans or policies of the City of Rochester; BUILDING CODE 507/285-B213 - GIS/ADDRESSING/MAPPING 507/285-8232 - HOUSING/HRA 5071285-8224 ,..,-.-,.. PLANNING/ZONING 507/285.8232 - WELUSEPTIC 5071285.8345 FAX 507/287-2275 Z'C�7 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER c) whether adoption of the amendment will be lawful. Staff suggests that there is a public need for this amendment to make sure that the zoning regulations are consistent. The amendment will provide clarification of regulations and procedures for when a general development plan is required and this amendment will be lawful. Staff recommends approval of this text amendment. Page 9 City Planning and Zoning Commission Minutes Hearing Date: October 10, 2001 Discussion ensued reqardinq what meeting to continue the item to. Mr. Staver moved to continue Type lll, PP a II Incentive Development Preliminary Plan #00-35 by Rochester Development, Inc, t ovemb6r.14, 2001 to allow time for, discussions regarding parking, aestheti and entrance to be discussed. Also; for larger detailed drawings to be presente to he Commission. Ms: Rivas seconded the motion. The motion carried 7.0. City Initiated Text Amendment #01-11 to amend Section 61.211 of the Rochester Zoning Ordinance and Land Development Manual (LDM) to add that an upzoning to the R-2 zoning district requires a General Development Plan. Mr. Brent Svenby presented the staff report, dated October 4, 2001, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Ms. Wiesner stated that she would not participate in the discussion as a Commissioner, but would sit in the audience and participate as an interested party. Ms. Lisa Wiesner, of 3131 East River Road NE, Rochester MN, addressed the Commission. She explained that she did not participate as a Commissioner as she believes she will have a request regarding upzoning in the near future. Ms. Wiesner asked that, if the R-1 and R-2 zoning districts are both considered low density residential, why would staff require a general development plan for an upzoning. Mr. Svenby responded that the Ordinance currently does not require a general development plan for the R-1 zoning district. However, it is required for the-R-1x. He questioned why the R- 1x and R-2 zoning districts should be treated differently. Ms. Wiesner explained that she disagreed that a general development plan should be needed for the R-1x zoning district. Mr. Svenby responded that the R-ix zoning district allows a number of different uses. For example, manufactured home parks. When the Ordinance was revised a couple of years ago, the Council expressed concern regarding making adjacent property owners aware of potential development. Therefore, they added the requirement of general development plans in certain zoning districts. Mr. Svenby explained that the criteria that are used when reviewing general development plans, include if there are adequate public facilities to serve any potential uses on the zoning districts. Ms. Wiesner asked if it was being used more to protect what may be going in there and not based on the density. Mr. Svenby responded yes. With no one else wishing to be heard, Ms. Petersson closed the public hearing. Mr, Staves tp9ved to recomr ertd approval of CCity Initiated Texf Amendment #01 1 l to , amend Section 61:211 of tite Rochester Zonin Ordihance and'Land bevelo meet Manual Page 10 / City Planning and Zoning Commission Minutes Hearing Date: October 10, 2001 (LDM) with the staff -recommended findings. Mr. Hodgson seconded the motion. The motion carried 5-1 with Mr. Ohly voting nay and Ms. Wiesner abstaining. Mr. JohnVarford presented the staff report, dated October 1, 2001, to the staff repoNs on file at the Rochester -Olmsted Planning Department. The Mr. Harford s ted that the Park and Recreation Department questioneo warming sheds would fall underneath a definition of storage containers. He explained to Am that it wasn't his intent. Therefor he suggested that warming sheds at City park;OK added to the list of exclusions. Ms. Petersson agreec\with the change. Mr. Harford explained t\jve tion referred to under " Storage Containers in Residential Districts" and in the alteguage shouldrefer t ection 61.115 and not 61.115(3). Mr. Harford pointed outommission need todiscuss whether or not they wanted to allow storage containerestablishments ince exterior storage is not a permitted use for retail. Ms. Wiesner if they would be alto% Mr. Harford stated that staff could would be good for one year. Discussion ensued regarding scrrE Ms. Wiesner stated that the sugf/ Mr. Harford responded Ms. Wiesner expressed storage. / for is purposes. temporary use permit. He explained that the permit e containers and long-term maintenance. would be one way containers be enclosed in an 8 foot high wall. with people adding it. to the structure and using it as Mr. Harford stated at the unit would be temporary. How er, the masonry wall would not be. He explained that a use would be a permanent use there. a explained that a zoning certificate would a required and perhaps a building permit. Mr. Harford eklained that the intent is to screen the containers. regarding the site impact. Mr. Bur a asked if the containers would be required to be placed on a ved surface, if they receiv d a temporary permit. i REQUEST FOR COUNCIL ACTION MEETING DATE: 1115101 A SECTION: PUBLIC HEARINGS CITY ADMINISTRATOR I I _ / / ITEM DESCRIPTION: Establishment of Development District # 20 and Increment Financing District # 20-1 T.SPAETH BY: On October 1, 2001 the Council approved TIF District # 20-1 which provides for TIF assistance upon 21 lots in the Rose Harbor Estates 2nd & 3rd Subdivisions. The approved TIF Plan provides for $210,000 (21 lots x $10,000 / lot) in TIF assistance on an " up front" basis. As the Council members are aware, there have been complaints received about stormwater runoff on the lots located at the bottom of the hill in the Rose Harbor Estates area. The Olmsted County Board of Commissioners recently expressed this concern to City Administration staff. City Public Works staff is aware of the situation, and the plans are for future construction of a stormwater detention facility to be located on the south side of 15a' Street SE upon property that the City already owns. In order to facilitate the construction of these stormwater management facilities in a more timely fashion, the staff has suggested that the tax increment plan # 20-1 be amended to include TIF funds to be used for the necessary stormwater public improvements needed to alleviate the existing concerns and also to facilitate further development in this area. Public works staff has estimated that the necessary stormwater improvements will cost approximately $300,000. Based upon that estimate, the previously approved TIF Plan # 20-1 has been amended to include and additional $300,000 in the TIF Plan budget to provide for a funding mechanism for the needed stormwater management improvements. COUNCIL ACTION REQUESTED: Adopt the resolution approving the Development District # 20 and amended and restated Tax Increment Financing District Plan # 220-1 1" COUNCIL ACTION: Motion by: Second to: lj REQUEST FOR COUNCIL ACTION MEETING DATE: 1115101 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS CITY ADMINISTRATOR ITEM DESCRIPTION: Establishment of Development District # 22 and Tax Increment PREPARED BY: Financing District # 22-1 for the Kingsbury Hills 2"d 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 Kingsbury Hills Subdivision, in which 50 lots were selected for participation. The first phase consisted of 25 homes and now this 2"d phase is proposed to include the remaining 25 homes. The City is proposing to provide $10,000 per lot x 25 lots=$250,000 structured as an " up front payment' TIF project as previously agreed to by the Council for single family TIF projects participating in the First Homes program. The developer (Bigelow Enterprises) will be reimbursed the said amount at the time the home is sold to the eligible homebuyer. 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. There is no LGA penalty or local contribution requirement. COUNCIL ACTION REQUESTED: Adopt the resolution approving the Development District # 22 and Tax Increment Financing District Plan # 22-1 COUNCIL ACTION: Mown by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING iy DATE: 1115101 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS CITY ADMINISTRATOR r l 1� ITEM DESCRIPTION: PUBLIC HEARING FOR HOUSING REVENUE BONDS FOR PREPARED BY: WEATHERSTONE TOWNHOMES PROJECT (PHASES 1& 2) T. SPAETH Weatherstone Townhomes is requesting the City's assistance in financing their multi -family housing projects through the issuance of multifamily housing revenue bonds. The Phase I portion of Weatherstone Townhomes, consisting of 100 units (40 two bedroom and 60 three bedroom units) has nearly completed construction. In 2000, the City assisted Weatherstone in obtaining $7.5 million in housing revenue bonds. A portion of those bonds were tax exempt and the remainder were taxable bonds. Since that time, a larger allocation of tax exempt bonds have became available, and Weatherstone is seeking to refund the previous bond issuance and refinance the project to issue $9 million in tax exempt revenue bonds The developer is also seeking to finance the acquisition and construction of the Weatherstone Townhomes Apartments Phase II project, consisting of an approximately 160-unit multifamily rental housing development (with approximately 20 one -bedroom townhomes, 78 two -bedroom townhomes and 62 three -bedroom townhomes) and functionally related facilities, to be located at 50th Avenue NW and 61 st Street. The units will be rented to persons and families of low and moderate income. The maximum aggregate estimated principal amount of bonds or other obligations to be issued to finance this Project is $20,000,000. The Project will be initially owned by Weatherstone Townhomes Limited Partnership -- II. Shelter Corporation will be the initial manager of the Project. The bonds or other obligations if and when issued will be payable solely from revenues of the Project, and will not be backed by the full faith and credit of the City. COUNCIL ACTION REQUESTED: Motion by the Council to approve the multi -family housing program of the City of Rochester for the Weatherstone Townhomes project. (The resolution adopting the housing program will be included as part of the final bond resolution that will come to the Council in the near future.) P COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING 0 i DATE: 11-5-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS Public Works L — /z/ ITEM DESCRIPTION: Permit Parking Changes within the Edison Neighborhood PREPARED BY: D. Rosman This is a Public Hearing to establish Permit Parking on 5 blocks all located within Zone 6 (Edison Neighborhood). The City Police have recommended that five of these blocks be converted from the 1 hour No Parking from 9:00am to 10:00am to the Residential Permit Parking System. The reason being is that Police Staff is unable to patrol the area with the 1-hour restriction. The area is shown on the attached map. The survey results have been reviewed as to meeting the requirements of R.C.O. #138. Staff finds that only 8th Avenue / 400 meet the ordinance. Therefore this should be the only street converted. Block street/row width # Yes #No # of owners % in favor Notes 8th Avenue SW / 400 block 24/75 4 1 6 66 % (1) 10`h Avenue SW / 600 block 27/75 0 4 4 0 % I Od' Avenue SW / 700 block 27/75 2 1 7 29 % 71h Street SW / 900 block 26/75 0 1 4 0 % (1) 8`h Street SW / 900 block 30.5/75 3 0 6 50 % (1) A "No Parking At All Times" Restriction exists on one side due to width. This is to remain. COUNCIL ACTION REQUESTED: Adopt the prepared resolution adding paragraph (7) to Zone #6 (Edison Neighborhood) of section L "Residential Permit Parking" of the Comprehensive Traffic & Parking Resolution Book, to be effective 8:00 am to 4:00 pm Monday thru Friday" �elfrom 7) 8`h Avenue SW / 400 block, on the west side of the street. WUNCIL ACTION: Motion by: Second by: to: �� 0 was (D w+ 0) t €Z p a O � N y O c W o !a U c �N ! i Pa • • • IR a ± ; $ g 8 8 R : a R �• R .. R � � MS 34V 6 S e m N � n • n n » pn M63�V9 pp nn pC 8 - � � a • � � � w ' � r e e � M63AV L e e Y 9 e g o® co M631V6 "—r— -^pp n •- m am 51 �I N tD tD rli CD -_ Lf) I 03 _._ __... N O N t O" NCO uwi N (n ` N V Z f9 oa d O w o w a 0- za_ J N m I REQUEST FOR COUNCIL ACTION MEETING DATE: 1 i 7 7 / Reports & Recommendations: ORIGINATING DEPT: CITY ADMINISTRATOR ITEM DESCRIPTION: Development Assistance Agreement with Bigelow & Sons Enterprises PREPARED Inc. for the single family home construction in Kingsbury Hills Second Subd. I T.SPAETH A Development Assistance Agreement between the City of Rochester and Joel Bigelow & Sons Enterprises, Inc. has been prepared for the construction of owner occupied single family dwellings on 25 lots located in Kingsbury Hills Second 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 25 single family owner occupied homes on the 25 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 $250,000 in assistance. The assistance is to be provided "up front", and by that I mean that the City will pay Bigelow Enterprises $10,000 / lot (total $250,000) at the time that Bigelow Enterprises sells the completed home to an eligible homebuyer. COUNCIL ACTION REQUESTED: Council authorization for the execution of a Development Agreement with Joel Bigelow & Sons Enterprises, Inc. by the Mayor & City Clerk for the Kingsbury Hills Phase 2 Tax Increment Financing project IL - COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING i y DATE: (1 /5/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. RepWs & Recommendations City Clerk ITEM DESCRIPTION: Amendments to RCO 107 - Judy Scherr At the October 15, 2001, Council meeting staff recommended that the City Gambling Ordinance, RCO 107, be amended to clarify existing requirements and to conform to current State Statute. Current State Statute defines trade area as the boundaries of the City of Rochester and any city and township contiguous to such boundaries. (The City's current ordinance defines trade area as only the City of Rochester and any city contiguous to its boundaries.) A letter was sent on October 19d' to all holders of lawful gambling licenses notifying them of the proposed amendment and giving them notice that monthly expenditure reports must be received by the City detailing the expenditure of gambling gross profits. The letter also noted that 75 percent of expenditure of gross profits within the City of Rochester or trade boundaries must be adhered to. COUNCIL ACTION REQUESTED A motion to adopt the proposed language amendment to RCO 107 and instruct the City Attorney ✓/ to prepare the required ordinance. It is suggested that the ordinance be given a first and second v� reading at the November 5, 2001, meeting. COUNCIL ACTION: MoUonby: Second by: to: r ALL-AAIERICA CITY V,-e October 19, 2001 ROCHESTER .�ii�rreaa�a To: Organizations Holding Gambling Licenses in the City of Rochester: JUDY SCHERR, CMC City Clerk 201 4th Street SE, Room 135 Rochester, MN 55904-3742 (507) 285-8086 FAX #(507)285-8256 The City Council will be considering some proposed amendments to its current gambling ordinance on November 5th, 2001, to clarify existing requirements and to conform to current State Statute. A copy of the current ordinance and the proposed amendments are enclosed for your information. The City of Rochester's current ordinance does require that any organization holding lawful gambling licenses in the City of Rochester must expend 75 percent of its lawful purpose expenditures of gross profits within the trade area defined as the boundaries of the City of Rochester and any city and township contiguous to such boundaries. This trade area consists of the city of Rochester, the Townships of Haverhill, Marion, Cascade, Rochester and High Forest and the City of Stewartville since it abuts High Forest Township. Organizations have not been adhering to requirements of expenditure of funds or submission of monthly reports and we will be expecting conformance with the ordinance requirements in order to maintain the gambling license. Monthly distribution reports of expenditures must be submitted to the City Clerk's Office at the end of each month specifically showing where the monies have been expended. If you have any questions, please do not hesitate to contact the City Clerk's Office. Judy Scharr City Clerk Cc: Mayor and City Council Stevan Kvenvold, City Administrator Terry Adkins, City Attorney 2n •rnunl nnnnnvninv •Fmnlnvar IKj ORDINANCE NO. _ AN ORDINANCE AMENDING AND REENACTING SECTIONS 107.02 AND 107.03 OF THE ROCHESTER CODE OF ORDINANCES, RELATING TO THE EXPENDITURE OF GAMBLING GROSS PROFITS WITHIN THE CITY OF ROCHESTER. THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN: Section 1. Section 107.02 of the Rochester Code of Ordinances is hereby amended and reenacted to read as follows: 107.02. Reporting Requirements. Each organization licensed to engage in lawful gambling shall keep records of its gross receipts, quantities of free play, if any, expenses and profits for each single gathering or occasion at which gambling devices are operated or a raffle is conducted. All deductions from gross receipts for each single gathering or occasion shall be documented with receipts or other records indicating the amount, a description of the purchased item or service or other reason for the deduction, and the recipient. The distribution of profits shall be itemized as to payee, purpose, amount and date of payment. Each organization also shall keep records of the amount of its lawful purpose expenditures of gross profits derived from lawful gambling conducted or located within and without the city's trade area as required by section 107.03. Section 2. Section 107.03 of the Rochester Code of Ordinances is hereby amended and reenacted to read as follows: 107.03 Limitation on Expenditures. A licensed organization conducting lawful gambling within the city of Rochester must expend seventy-five percent (75%) of its lawful purpose expenditures faF lawful puipeses an of gross profits derived from lawful pwFpeses gambling conducted or located within the city's trade area. The city's trade area shall be defined as the boundaries of the city of Rochester and shall include any city and township contiguous to such boundaries.. Section 3. This ordinance shall be effective from and after the date of its publication. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF 20CHESTER, MINNESOTA, THIS DAY OF 2001. CHAPTER 107. GAMBLING 107. GAMBLING 107.01. State Gambling Law Adopted. Except as they may conflict with the provisions of this chapter, the provisions of Minnesota Statutes, Chapter 349, relating to the definition of terms, licensure, and restrictions of gambling are adopted and made part of this chapter as if set out in full herein. 107.02. Reporting Reguirements. Each organization licensed to engage in lawful gambling shall keep records of its gross receipts, quantities of free play, if any, expenses and profits for each single gathering or occasion at which gambling devices are operated or a raffle is conducted. All deductions from gross receipts for each single gathering or occasion shall be documented with receipts or other records indicating the amount, a description of the purchased item or service or other reason for the deduction, and the recipient. The distribution of profits shall be itemized as to payee, purpose, amount and date of payment. Each organization also shall keep records of the amount of its expenditures for lawful purposes expended within and without the city's trade area as required by section 107.03. 107.03 Limitation on Expenditures. A licensed organization conducting lawful gambling within the city of Rochester must expend seventy-five percent (75%) of its expenditures for lawful purposes on lawful purposes conducted or located within the city's trade area. The city's trade area shall be defined as the boundaries of the city of Rochester and shall include any city contiguous to such boundaries. 107.04 Hours of Lawful Gambling. Lawful gambling may occur in an intoxicating or non -intoxicating liquor establishment only during the time in which the intoxicating or non -intoxicating liquor may be sold or dispensed. 107.05 Investigation Fee. An organization applying for or renewing a gambling premises permit or a bingo hall license pursuant to Minn. Stat. §349.213, subd. 2, shall be assessed an investigation fee of $250.00. This section shall not apply to an application to conduct gambling exempt from licensing. (2009, 1/3/7.9; 2028, 3/5/79; 2218, 11/17/81; 2286, 2/23/85; 2391A, 11/20,84; 2425, 3/5/85; 2786, 12/19/91; 2990, 5/16/95) (next page should be 322) August 16, 1995 - Update 319 REQUEST FOR COUNCIL ACTION MEETING DATE+I/5/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. OLUTIONS AND ORDINANCES CITY ATTORNEYS OFFICE G ITEM DESCRIPTION: PREPARED BY: RESOLUTIONS AND ORDINANCES TERRY ADKINS ZU GA. RESOLUTIONS G. 2. FIRST READING OF ORDINANCES, as appropriate. G. 3..ECSECOND READING OF ORDINANCES (for adoption). T a) An Ordinance Amending and Reenacting Section 75.01 of the Rochester Code of Ordinances, Relating to the Designation of Aspen Lane S.W., Within the Aspens Plat as Aspen Place S.W.. bi ) An Ordinance Rezoning Approximately 2.62 Acres of Land From the R-1 and AG Districts to the M-1 District and Approximately 77.5 Acres of Land From the R-1, AG and M-1 Districts to the R-2 District, and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, Said Property Located West of St. Bridget Road East of Highway 63 and South of future 48'b Street SE Right of way. �... MISCELLANEOUS i I I 1 COUNCIL ACTION: Motion by: Second by: to: