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HomeMy WebLinkAbout12/17/2001_RegularCITY OF ROCHESTER `r p�✓ COUNCIL AGENDA COUNCIL/BOARD CHAMBERS GOVERNMENT CENTER 151 4T" STREET SE MEETING NO. 24 December 17, 2001 Regular Adjourned 7:00 p.m. PAGE 1 A) OPEN COMMENT PERIOD B) CALL TO ORDER C) LETTERS AND PETITIONS 2 D) CONSENT AGENDA/ORGANIZATIONAL BUSINESS 1. Approval of Minutes 3 2. Amendment to 2002 CDBG Allocation 4 3. City Council's Mileage Allowance 5-7 4. Amendment to Gambling Ordinance Sections 107.02 and 107.03 8-9 5. Licenses, Bonds, & Miscellaneous 10 6. Transfer of the On Sale Intoxicating Liquor License for Famous Dave's Restaurant 11 7. Blanket Civic Music Guest Arts and Small Ensemble Contract Signature Authority 12 8. ASCAP License Agreement for Local Government Entities 13 9. Change Order Skyway Bridge Painting Project 14 10. Accounts Payable 15 11, Wage Recommendation for 2002 — Non Bargaining Unit Employees 16-18 12. Approval of Cooperative Agreement with the Rochester Olmsted Council of Governments (ROCOG) for Transportation Planning Activities for 2002-2003 19-20 13. Roadway name change: Royal Lane N.W. to Royal Place N.W. 21-26 14, Orderly Annexation Petition #01-23 Thein Estates Property to annex approximately 238.72 acres of land located along the south side of Eastwood Road SE and east of Harbor Drive SE. 27 15. Development Agreement — Waste Management Property (Airport Industrial Park) 28 16. Permit Parking Petition from 3rd St SW/600 block, 7`h Avenue SW/300 block, and 4" Street SW/600 block 29 17. Riverside Central School Zone Safety Study Amendment 30 18. Professional Engineering Services: Design of 3`0 Ave SE from 4'h St SE to 121h St SE (J-2245) 31-32 19. Professional Engineering Services: Design of Regional Stormwater Ponds for area west of 50th Ave NW (J-2468) 33 20. Supplemental Agreement #1; Project 8316-98 (J-2454) Construction of Drainage Ditch and Storm Sewer in South Park 34 21. Supplemental Agreement #1: Project M1-18 (J9777) Fox Valley Drive SW 35 22. Supplemental Agreement #1 Project SW-M005 (J2465) Bamber Lake Area Pond 36 23. Pedestrian Facilities Agreement — Robnik, LLP 37 24. Pedestrian Facilities Agreement — Olmsted Medical Center 38 25. Stormwater Management Agreements 39 26. Owner Contract — Watermain to Serve Bandel Business Center (J9872) 40 27. Rochester City Lines/Route 6 Changes 41 28. Rochester City Lines Contract for 2002 P�u a. A- 14 ;,.;� G.-7, /— E) HEARINGS 42 1. Adoption of 2002 Tax Levy, 2002 Budget, and 2002-2007 CIP 43-44 2. Rochester Urban Service Area Land Use Plan Map Amendment #01- 06, by Western Walls, Inc. to amend the Plan from "Medium Density Residential' to "Commercial'. 45-55 3. Zoning District Amendment #01-13 by Western Walls, Inc, to rezone from the B-5 to the B-4. 56-77 4. Amendment to General Development Plan #155 by Western Walls, Inc. known as Grandville at Cascade Lake to change the commercial use in the southeast corner of the development. 78-89 5. Final Plat #01-51 by Hartman Farms, Inc. to be known as Superior Ridge. 90-95 6. Vacation Petition #01-13 by Marigold Foods, LLC, to vacate a portion of the alley in Block A. 96-101 7. Consider Local Improvement Project No. M1-30 (J9791_ "Sanitary Sewer and Watermain Extension to Serve the Southtown Heights Subdivision". F) REPORTS AND RECOMMENDATIONS 102 G) RESOLUTIONS AND ORDINANCES H) TABLED ITEMS 1) OTHER BUSINESS J) ADJOURNMENT REQUEST FOR COUNCIL ACTION MEETING DATE: 12/17/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. OPEN COMMENT PERIOD CITY ADMINISTRATOR A � 1 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. . JUNCIL ACTION: motion by: second by: to: REQUEST FOR COUNCIL ACTION oL Meeting DATE: 12-17-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO: CONSENT AGENDA CITY ADMINISTRATOR D -1-28 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. Amendment to 2002 CDBG Allocation D-3. City Council's Mileage Allowance D-4. Amendment to Gambling Ordinance Sections 107.02 and 107.03 D-5. Licenses, Bonds, & Miscellaneous D-6. Transfer of the On Sale Intoxicating Liquor License for Famous Dave's Restaurant D-7. Blanket Civic Music Guest Arts and Small Ensemble Contract Signature Authority D-8. ASCAP License Agreement for Local Government Entities D-9. Change Order Skyway Bridge Painting Project D-10. Accounts Payable 1611. Wage Recommendation for 2002 — Non Bargaining Unit Employees 2. Approval of Cooperative Agreement with the Rochester Olmsted Council of Governments (ROCOG) for Transportation Planning Activities for 2002-2003 D-13. Roadway name change: Royal Lane N.W. to Royal Place N.W. D-14. Orderly Annexation Petition #01-23 Thein Estates Property to annex approximately 238.72 acres of land located along the south side of Eastwood Road SE and east of Harbor Drive SE. D-15. Development Agreement— Waste Management Property (Airport Industrial Park) D-16. Permit Parking Petition from 3'd St SW/600 block, 7`h Avenue SW/300 block, and 4t" Street SW/600 block D-17. Riverside Central School Zone Safety Study Amendment D-18. Professional Engineering Services: Design of 3t Ave SE from 4th St SE to 12"' St SE (J-2245) D-19. Professional Engineering Services: Design of Regional Stormwater Ponds for area west of 50w Ave NW (J-2468) D-20. Supplemental Agreement #1; Project 8316-98 (J-2454) Construction of Drainage Ditch and Storm Sewer in South Park 1D-21. Supplemental Agreement #1: Project M1-18 (J9777) Fox Valley Drive SW D-22. Supplemental Agreement #1 Project SW-M005 (J2465) Bamber Lake Area Pond D-23. Pedestrian Facilities Agreement — Robnik, LLP D-24. Pedestrian Facilities Agreement — Olmsted Medical Center D-25. Stormwater Management Agreements D-26. Owner Contract — Watermain to Serve Bandel Business Center (J9872) ,-D-27. Rochester City Lines/Route 6 Changes _D-28. Rochester City Lines Contract for 2002 OUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING 3 DATE: 12/ 17. Consent Agenda ..—(DESCRIPTION Amendment to City Administrator ITEM NO. ^c;�, T. Spaeth The City recently received notice from HUD that the City's Year 2002 allocation is $629,000. We had estimated a $600,000 allocation at the time the public hearing was held. Therefore, there is an additional $29,000 available for appropriation under the CDBG program. The staff has the following recommendation for the $29,000 appropriation: $29,000 to the Rochester Park and Recreation Department for continuation of the park shelter accessibility modifications to meet the new ADA standards. Park & Rec. had requested $50,000 for this program, and was allocated $37,700 by the Council. The additional $29, 000 would facilitate the completion of these improvements within a shorter time frame. COUNCIL ACTION REQUESTED: Motion to approve appropriation of additional $29,000 to Rochester Park & Rec. for shelter accessibility modifications A Aa� � �-41 . JUNCIL ACTION: Motion by: __ second by: to: REQUEST FOR COUNCIL ACTION MEETING I DATE: 12/17/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT Administration T _ 3 �jd DESCRIPTION: CITY COUNCIL MILEAGE ALLOWANCE PREPARED BY: S. KVENVOLD The City's mileage reimbursement rate was recently increased from $.34 to $.36 per mile. I recommend that the City Council's mileage allowance also be increased to compensate forthe increased vehicle operating expenses. The current and proposed rates are as follows: Current Rate Proposed Rate Council President $105/month $110/month Council members $90/month $95/month COUNCIL ACTION REQUESTED: Request a motion approving the mileage allowances as requested, effective January 1, 2002. %,JUNCIL ACTION: motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 12/17/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda City Clerk D 4 I. -... DESCRIPTION: Amendment to Gambling Ordinance Sections 107.02 and 107.03 PREPARED BY: Judy Scherr Staff reviewed the monthly gambling reports submitted by organizations licensed for Lawful Gambling in the City of Rochester. Under the current City ordinance 75 percent of lawful purpose expenditures from the gross profits are required to be expended within the City's trade area (defined as the boundaries of the City of Rochester and any city and township contiguous to such boundaries). Current reports received from organizations were unclear that the distribution of funds was along the requirements of the ordinance. An amendment is proposed to the current RCO 107 to clarify language and to require reporting of lawful purpose expenditures from gross profits on forms prescribed by the City Clerk's Office. The current reporting mechanism will begin with the January 2002 reports. It is requested that the ordinance amendment be given a first and second reading to allow the ordinance to become effective prior to January 1, 2002. COUNCIL ACTION REQUESTED A motion to approve the amendment to RCO 107 clarifying language and requiring reporting on forms prescribed by the City Clerk and to instruct the City Attorney to prepare the required ordinance for adoption. ,,wJNCIL ACTION: Motion by: second by: to: 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 within the City of Rochester 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. Each licensee shall file a monthly report with the city clerk. This report shall contain the information identified herein and shall be written on a form provided by the city clerk. 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 within the City's trade area, seventy-five percent (75%) of its lawful purpose expenditures ef- from the gross profits derived from lawful gambling conducted or located at premises 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. IT PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS DAY OF 2001. ATTEST: PRESIDENT OF SAID COMMON COUNCIL CITY CLERK APPROVED THIS DAY OF MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) 2001. REQUEST FOR COUNCIL ACTION MEETING S DATE: 12/17/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA 7CITY CLERK T DESCRIPTION: LICENSES. BONDS & MISCELLANEOUS ACTIVITIES PREPARED BY: DONNA J SCHOTT The following licenses, bonds and miscellaneous activities are submitted for the Council's approvals or disapprovals. All are pending departmental approvals, the required insurance, bonds, fees and all outstanding debts with the City of Rochester. GAMBLING — TEMPORARY Elton Hills PTSA 1421 Elton Hills Dr. NW Rochester, Mn. 55902 Raffle 1 /24/02 & 2/21 /02 AT Elton Hills Elementary School American Heart Association 1500 1"Ave NE #200 Rochester. Mo. 55906 Raffle 2/23/01 AT Radisson Plaza Hotel 150 South Broadway GAMBLING — PREMISE PERMIT RENEWALS Rochester Juvenile Hockey association 2625 Hwy 14 West— Suite AB Rochester, Mn. 55906 PREMISES AT: Mugzee's 524 1 Ith Ave NW North Star Bar 503 North Broadway Holiday Inn South 1630 South Broadway CJ'S midtown Lounge 8 South Broadway UNCIL ACTION: Motion by: Second by: to: LICENSES, BONDS AND MISCELLANEOUS CITY ACTIVITIES / PAGE 2 DECEMBER 17, 2001 PREMISE PERMITS CONTINUED: Olmsted County Fairgrounds 16" St & 3rd Ave SE Bon's Buffet 1652 Hillcrest Shopping Center MISCELLANEOUS Dr. Martin Luther King Jr Con-unemorative March 1/21/02 Government Center to Mayo Civic Center JANUARY 1, 2002 RENEWALS Bus 1 Chickens I HVAC 115 Master Installer 170 Master Plumber 64 Motion Picture 30 Pawnbroker 3 Pigeons 4 Sewer & Drains 54 Sidewalks 82 Signs 27 Taxicabs 1 COUNCIL ACTION REQUESTED A motion to approve or disapprove the new and renewal licenses, bonds and miscellaneous activities. REQUEST FOR COUNCIL ACTION MEETING DATE: 12/17/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. 16 CONSENT AGENDA CITY CLERK D - 5 ITEM DESCRIPTION: LICENSES, BONDS & MISCELLANEOUS ACTIVITIES PREPARED BY: DONNA ISCHOTT The following ADDENDUM licenses, bonds and miscellaneous activities are submitted for the Council's approvals or disapprovals. All are pending departmental approvals, the required insurance, bonds, fees and all outstanding debts with the City of Rochester. GAMBLING — PREMISE PERMIT Olmsted County Hockey Association PO Box 476 Rochester, Mn 55903 PREMISE AT: Mugzee's Bar 524 11" Ave NW COUNCIL ACTION REQUESTED A motion to approve the above ADDENDUM license. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING Al DATE: 12/17/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY CLERK D (�; DESCRIPTION TRANSFER OF THE ON SALE INTOXICATING LIQUOR PREPARED BY: LICENSE FOR FAMOUS DAVE'S RESTAURANT DONNA 1 SCHOTT Application for the transfer of the On Sale Intoxicating Liquor License has been received from Rivervalley BBQ, Inc.for Famous Dave's BBQ Shack. Located at 431 161b Ave. NW. The name of The restaurant will remain as Famous Dave's BBQ Shack. The former corporation was D & D of Minnesota, Inc. The new corporation is requesting the transfer to be effective immediately. Transfer would be pending the required fees, insurance certificates, departmental approvals and any outstanding debts with the City of Rochester. A confidential investigative report has been returned satisfactorily. COUNCIL ACTION REQUESTED A motion to approve the transfer of the On Sale Intoxicating Liquor License from D & D of Minnesota, Inc. DBA as Famous Dave's BBQ Shack to Rivervalley BBQ, Inc. _ _tUNCIL ACTION: motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 12/17/2001 AGENDA SECTION: Consent ORIGINATING DEPT: MusicITEM ITEM DESCRIPTION: Blanket Civic Music Guest Arts and Small Ensemble Contract Signature ANO.Civic PREPAuthority Steve Each year Civic Music negotiates and behalf of the City between 30 and 50 contracts with guest artists who perform various services ranging from Down by the Riverside headliners and opening acts to Riverside Live! artists and Yule-Fest soloists to concert preview presenters. In addition, Civic Music prepares a number of contracts for community presenters to engage the department's small ensembles throughout the year. Civic Music's general manager is responsible for negotiating these contracts, within the limits of the funds made available for such purposes through the budget process approved by the Council. He reviews contracts generated by artists/agents/ managers and prepares, in consultation with the City Attorney, a City Addendum for each such agreement. In the case where the City issues contracts, the General Manager prepares these agreements in consultation with the City Attorney. To facilitate and expedite the execution of such agreements, Civic Music requests that the resolution that follows be adopted. Action Requested: Adopt a resolution granting the Mayor blanket authority to sign and the City Clerk to attest to Civic Music contracts that have been negotiated and/or prepared and approved as to content by Civic Music's general manager and approved as to form by the City Attorney. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 12/17/2001 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda Civic Music t t tm DESCRIPTION: ASCAP License Agreement for Local Government Entities PREPARED BY: Steven Schmidt Title 17 U.S.C. 106(4) established property rights for musical works and grants creators and owners of copyrighted musical works the exclusive right to perform or authorize the performance of their works publicly. Under copyright law, public performance means more than concerts. The law also governs music played over public address systems and even CD players and radios in an office environment. In the past, Civic Music has arranged for licenses for its performances on an event -by -event basis. The American Society of Composers, Authors and Publishers (ASCAP) has recently developed a "blanket license" agreement for local governments. Purchasing this license will shield the City from exposure to copyright infringement claims that could result from music being played over the public address system at the Civic Center as its crews set-up for events, when Civic Music staff plays CDs of artists it is contemplating booking at a meeting, when a City Hall custodian listens to a radio while mopping floors, when the Choral Arts Ensemble gives a performance in the City Hall rotunda, when music is played during open skating at the Recreation Center, when a pep band plays music during a playoff game at the Curt Taylor Arena, when Council views a video tape at a public meeting with a musical score, etc. Failure to purchase such a license could result in damages from a minimum of $750 for each work infringed plus attorney's fees and court costs. For a community the size of Rochester the current annual cost of such a license is $600/annum plus a percentage of gross revenues for events that generate more than $25,000 in ticket sales or sponsorship dollars. Funds to pay the annual fee currently exist in the Civic Music budget. The licensing agreement has been reviewed and approved as to content by the General Manager of Rochester Civic Music and as to form by the City Attorney. The agreement is the product of negotiation between the International Municipal Lawyers Association and ASCAP. Action Request: Resolution authorizing the Mayor to sign and the City Clerk to attest to a Local License Agreement for Local Government Agencies with The American Society of Composers, Authors and Publishers for the calendar year beginning January 1, 2002. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 12/17/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda Downtown Development n t t em DESCRIPTION: Change Order Skyway Bridge Painting Project PREPARED BY: Doug Knotty The City entered into a contract with Swanson and Youngdale in the amount of $71,500 for the painting of the 2nd Street SW skyway bridge. The structural steel on the bridge was sandblasted to bare metal and painted with a three -coat system that has a twenty-year warranty. The specifications called for a different painting system on the bridge decking. During construction it was determined that decking would also require full sand blasting and the three coat painting system if it was to achieve the same life as the structural steel. This resulted in an increase in labor and material cost in the amount of $3810. The project architect — HGA, reviewed the need for the change order and the cost of the work. With the exception of some minor clean up and touch up work the project is complete. Council Action Requested: "--+roval of Change Order #1 to the Swanson Youngdale skyway bridge painting contract in the amount 3810 with authorization for the mayor and Clerk to sign necessary documents. v,vUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING / + DATE: 12/17/01 AGENDA SECTION: Consent Agenda ORIGINATING DEPT: Finance Department ITEM NO. D - /0 _.A 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 $2,124,541.11. Less: Any exceptions _ -)UNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 12/ 17/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Human Resources „A DESCRIPTION: Wage Recommendation for 2002 - Non Bargaining Unit Employees PREPARED BY: Linda Gilsrud The Director of Human Resources recommends that City employees not covered by any collective bargaining agreement or meet and confer agreement be granted a 3% base rate adjustment effective 1/l/02. Included are: City Administration Police Department Secretary Fleet Mechanic Mechanic Assistant City Attorney's Office Secretary Legal Technician Senior Clerk Typist Prosecution Assistant Animal Control Officer Sr. Clerk Typist/Word Processor Accounting Clerk Civilian Evidence Coordinator City Hal Custodian Public Works Building Maintenance Worker Parking Meter Worker Fire Department Parking Technician Clerk Typist Traffic Aide* Secretary u�-man Resources man Resources Aide .,..:rk Typist Lib Building Maintenance Worker Building Maintenance Worker 3 Custodian RPl Assistant to General Manager Associate Engineering Technician/Drafter Record/Drafting Technician Results Technician Senior Engineering Technician The employees (excluding Fleet Mechanic, Mechanic Assistant, and Animal Control Officers) are eligible for consideration for merit increases of 0-2% based on his/her performance during the 12 months prior to his/her anniversary date up to the maximum of the pay range assigned so employees are allowed to advance through assigned pay ranges similarly to job titles assigned to seniority -based wage schedules. Council Action Requested: Resolution to grant a general wage increase and eligibility for merit increases effective 1/l/02. REQUEST FOR COUNCIL ACTION MEETING /G DATE12/17/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT CALENDAR PLANNING DEPARTMENT _M DESCRIPTION: Approval of Cooperative Agreement with the Rochester Olmsted Council of PREPARED BY: Governments (ROCOG) for Transportation Planning Activities for 2002- Phil Wheeler, AICP, 2003 Planning Director Attached is the Cooperative Agreement for planning services provided by the Rochester Public Works Department to the Rochester Olmsted Council of Governments (ROCOG). The Agreement is based on the ROCOG Transportation Planning Work Program. The work program calls for some $109,295 over a two-year period in services from the City to be reimbursed by ROCOG in part by federal transportation planning funds and Minnesota Department of Transportation funds, and by County levy funds. Except for dollar amounts and work program activities, the Agreement is virtually unchanged from previous years. COUNCIL ACTION: Mobon by: Second by to: COOPERATIVE AGREEMENT FOR TRANSPORTATION PLANNING SERVICES THIS AGREEMENT, entered into on , by the Rochester -Olmsted Council of Governments (hereinafter referred to as ROCOG), upon action by the ROCOG Policy Board, and entered into on December 17, 2001, by the City of Rochester (hereinafter referred to as the "City'), upon action by the Common Council of the City of Rochester. WITNESS: WHEREAS, the 1998 Transportation Equity Act for the 215' Century allows for the distribution of planning funds to certain designated urban areas for transportation planning and the planning and evaluation of transit projects; and WHEREAS, ROCOG, as the designated recipient for the Rochester metropolitan area, has entered into an agreement with the Minnesota Department of Transportation to receive planning funds In support of the TRANSPORTATION PLANNING WORK PROGRAM FOR THE YEARS 2002 AND 2003 or in said program as amended; and WHEREAS, ROCOG has been designated as the metropolitan planning organization for the Rochester urbanized area by the Governor of Minnesota; and WHEREAS, the City desires to provide various services to ROCOG for the purposes of assisting ROCOG with its transportation planning functions in accordance with the terms and conditions of this agreement. NOW, THEREFORE, the parties hereto mutually agree as follows: I. SCOPE OF WORK AND METHOD OF STUDY The City shall make available the staff of its Public Works Department, Transportation Division, to work with the Rochester -Olmsted Planning Department, under the direction of ROCOG's Executive Director, for the purpose of assisting in performing the transportation planning activities as described in the Calendar Year 2002-2003 ROCOG TRANSPORTATION PLANNING WORK PROGRAM for the Rochester -Olmsted Council of Governments, attached by reference hereto and made a part of this agreement and hereinafter referred to as TPWP. A. City Responsibilities: 1. Conduct certain technical transportation planning and/or programming activities as specified in the TPWP. 2. Provide necessary support services. 3. Provide necessary information to assist in developing the transportation planning portion of the TPWP. 4. Assist in fulfilling state and federal transportation planning requirements. B. ROCOG Responsibilities: 1. Coordinate and give general direction to city staff to assist in the timely completion of the work elements. 2. Furnish the City with such information and correspondence that is in the possession of ROCOG that is considered pertinent to the work to be performed. 3. Provide clerical and support services as needed. 4. Develop and submit all documentation and reports as may be needed to fulfill applicable state and federal transportation planning requirements. 5. Arrange meetings of ROCOG as needed to give input into the planning process and to evaluate completed work elements. Il. ADDITIONAL RESPONSIBILITIES The provisions of Sections II through VI of the "Agreement for the Distribution of Federal Highway Administration Funds" entered into by ROCOG and the Minnesota Department of Transportation shall apply to this agreement in all cases. III. PAYMENT A. The total cost for the work to be performed by the City from January 1, 2002, through December 31, 2003, shall not exceed the amount of $109,295 as identified in the 2002-2003 TPWP. The cost per year to be reimbursed by ROCOG shall not exceed $54,647.50. B. Over the period from January 1, 2002, through December 31, 2003, ROCOG shall be reimbursed from the federally funded share of TPWP support (administered by the Minnesota Department of Transportation) in an amount not to exceed $87,437; and from the Minnesota Department of Transportation funded share of TPWP support in the amount of $22,142, for performance of work to be done by the City of Rochester and paid for by Rochester -Olmsted Council of Governments, as described in the TPWP. Out of state travel can be reimbursed if approved in advance by ROCOG and the Minnesota Department of Transportation. C. The City shall submit its request for reimbursement in the form of invoices or requisitions to ROCOG, with copies as needed for the Minnesota Department of Transportation. The invoices or requisitions shall contain whatever details may be necessary for a proper audit in accordance with the provisions of Office of Management and Budget Circular A-128 and shall be signed by the supervisor of the Transportation Division of the City certifying that all of the items contained therein are true and correct. Final payment shall be made subject to approval by duly authorized representatives of ROCOG and the Minnesota Department of Transportation. IV. TERMINATION The work on these activities shall be completed and final requisition submitted within 30 days after the end of the calendar year. ROCHESTER-OLMSTED COUNCIL OF GOVERNMENTS Passed and adopted by the Rochester -Olmsted Council of Governments on this _ day of December, 2001. ATTEST: al Franklin Michaels, Chairman Philip H. Wheeler, AICP, Executive Director, ROCOG CITY OF ROCHESTER, MINNESOTA Passed and adopted by the Common Council of the City of Rochester this 17th day of December, 2001. ATTEST: Judy Scherer, Clerk 0 Chuck Canfield, Mayor REQUEST FOR COUNCIL ACTION MEETING % r DATE: 12-17-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA PLANNING -M DESCRIPTION: Roadway name change: Royal Lane N.W. to Royal Place N.W. PREPARED BY: Janice K. Chezick GIS Supervisor The plat for Royal Plaza contains a roadway designated as Royal Lane N.W. The final plat was approved with the roadway designation of Royal Place N.W. The recorded plat document identified the roadway designation incorrectly. The alignment of this segment of roadway necessitates the roadway type of "Place". The AddressinglGIS Staff of the Rochester -Olmsted Planning Department would recommend that Royal Lane N.W. be changed to the approved designation of Royal Place N.W. There are five lots that abut this segment of Royal Lane N.W.; Lots 1 and 2, Block 1 and Lots 1, 2, and 3, Block 2 located within Royal Plaza. As of the date of this RCA roadway signs have not been installed at any intersections. Roadway signs of Rorl Place N.W. will need to be installed at the intersections of this roadway with 181° Avenue N.W. and 55' Street N.W. Rochester Code of Ordinances, Chapter 31.32, covers recommendations for street identification changes. Rochester Code of Ordinances, Chapter 75.01, covers street name changes. COUNCIL ACTION REQUESTED: 1. Adopt an Ordinance to change Royal Lane N.W., platted in Royal Plaza, to Royal Place N.W. 2. Direct the City Clerk to file a certified copy of the Ordinance with the County Recorder. 3. Request motion to approve and include 15t and 2n° Reading on December 17, 2001. This request is based on the immediate need to install roadway signage, as soon as possible, to avoid confusion or delay to emergency responders and the general public, in addition to allow for the issuing of addresses for the construction process to occur. Attachments: 1. Copy of plat to identify location of roadway is attached. (Royal Plaza) Distribution: 1. City Administrator 2. City Clerk 3. City Attorney OUNCIL ACTION: Motion by: Second by: to: �f• C U. N W25'26' W I!:f I, II}. Ni'1 l 11 5 W26Y5" E—V..... .._�. �.�.. �ycbY t � nm� 75 I ,I - I f6 E i. till. Fill lit, eF•�. FEt REQUEST FOR COUNCIL ACTION MEETING DATE: 12-17-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. ('nNSENT AGENDA PLANNING ) _ /" / DESCRIPTION: Orderly Annnexation Petition #01-23 Thein Estates Property to annex PREPARED BY: approximately 238.72 acres of land located along the south side of Eastwood Road SE and Theresa Fogarty, east of Harbor Drive SE. The property is located in the North Half of the NE % and the NE Planner '/, of the NW'/. of Section 8 and the South Half of the NE'/, and the SE %of the NW 114 Section 8, Marion Township December 13, 2001 Planninq Department Recommendation: See attached staff report, dated December 11, 2001. As part of the Orderly Annexation Agreement, property taxes payable on annexed land shall continue to be paid to the Town of Marion for the entire year in which the annexation becomes effective. If the annexation becomes effective on or before August 1 of a levy year, based on the date specified in the order from the Minnesota Municipal Board, the City may levy on the annexed areas beginning with that levy year. If the annexation becomes effective after August 1 of a levy year, the Town may continue to levy on the annexed area for that levy year. Thereafter property taxes on the annexed land shall be paid to the City. Council Action Needed. If the Council wishes to proceed as petitioned, it should instruct the City Attorney to prepare an resolution to be adopted and transmitted to the MN PlanninglOffice of Strategic and Long Range Planning. The resolution shall also include that all land included in this annexation be zoned N - Interim" upon annexation. 2. The signed resolution and a copy of the Joint Resolution for Orderly Annexation (Marion Area #2) should be transmitted to the MN Planning / Office of Strategic and Long Range Planning by the City Clerk (attached is a filing fee for the application in the amount of $200). The resolution and a copy of the Joint Resolution shall also be sent to the Town of Marion and the Olmsted County Auditor/Treasurer. Attachments 1. Staff report, dated December 11, 2001. Distribution: 1. City Administrator 2. City Clerk: Filing Fee Attached 3. City Attorney: Legal Description Attached 4. City Finance Director: Tax Information Attached 5. Planning Department File 6. Applicant: This item will be considered sometime after 7:00 p.m. Chambers at the Rochester / Olmsted County Government Center. 7. Yaggy Colby Associates on Monday, December 17, 2001 in the Council COUNCIL ACTION: Motion by: Second by: to: 0 0 � 4 -� i RoCHESTER-OLNISTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 CC Y X T Y OF www.olmstedcounty.com/planning TO: Mayor and Common Council FROM: Theresa Fogarty, Planner DATE: December 11, 2001 Ifi��w!/�safiw�] /f:5iii��iri i=- RE:Orderly Annnexation Petition #01-23 Thein Estates Property to annex approximately 238.72 acres of land located along the south side of Eastwood Road SE and east of Harbor Drive SE. The property is located in the North Half of the NE'/4 and the NE % of the NW'/4 of Section 8 and the South Half of the NE'/4 and the SE 1/4 of the NW 1/4 Section 8, Marion Township Planning Department Review: Applicants/Owners: Dennis Thein 6001 Woodridge Court NE Rochester, MN 55906 Mark Hamann Platinum Development Group 604 Hunting Drive Sartell, MN 56377 Location of Property: The property is located along the south side of Eastwood Road SE and east of Harbor Drive SE. Existing Land Use: This property is currently undeveloped land. Size: The property proposed for annexation is approximately 238.72 acres. Existing Zoning: The City has extraterritorial zoning control over this property. The property is zoned 'Interim". Future Zoning: Upon annexation, the property will be zoned I (Interim) district on the Rochester zoning map. The applicant will need to file a zone change on this property prior to development of this property. Land Use Plan: This property is designated for "low density residential' uses on the Rochester Urban Service Area Land Use Plan. Adjacency to the Municipal The property is adjacent to the city limits along the its northern Limits: boundary. BUILDING CODE 507/285-8213 - GISIADDRESSING/MAPPING 507/285-8232 - HOUSING/HRA 507/285-B224 PLANNINGIZONING 507/285-8232 - WELL/SEPTIC 507/285-8345 FAX 507/287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 Annexation #01-14 December 13, 2001 Sewer and Water: Municipal sewer and water will be available to serve this area. The Rose Harbor High Level Water System service will be available to serve this property. Utilities: Pursuant to Minnesota Statutes 414.033 (subd.13), a municipality must notify a petitioner that the cost of electric utility service may change if the land is annexed to the municipality. A notice has been provided to the applicant. Townboard Review: Townboard review is not required for this annexation. Referral Comments: 1. Rochester Public Utility Department — Water Division 2. Rochester Public Works Department Report Attachments: 1. Annexation Map 2. Location / Marion Township Orderly Annexation Area #2 Map 3. Referral Comments (2 letters) Staff Recommendation: Section 7, Paragraph (b) of the Joint Resolution for Orderly Annexation (Marion Area #2) between the City of Rochester and Townboard of Marion allows any lands contained in the orderly annexation area may be annexed to the City upon adoption of a resolution when a landowner abuts the City limits and said landowner files a petition for annexation with the City. in such instance, review by the Rochester Planning and Zoning Commission shall not be required prior to the City acting upon said petition. Staff recommends that the City adopt a resolution annexing the property. ROCHESTER Mks TO: Consolidated Planning Department 2122 Campus Drive SE Rochester. MN 55904 FROM: Mark E. Baker Date: 12/10/01 OCR? DEPARTMENT OF PUBLIC WORKS 201 4" Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the requested application for Annexation #01-23 on the Thein Estates (S. side of Eastwood Rd SE) property. The following are Public Works comments on the proposal: This property can be served with municipal water. A sanitary sewer trunkline will need to be extended to serve this property. C:\Documents and Settings\plajgarn\Local Settings\Temporary Internet Fias\DLKYD\ANNX01-23 Thein Estate (S of Eastwood Rd SE).doc we pledge, we deliver December 7, 2001 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Orderly Annexation #01-23 Thein Estate Property to annex 238.72 acres of land located along the south side of Eastwood Rd. SE and east of Harbor Dr. SE. Dear Ms. Garness: Our review of the referenced petition is complete and our comments follow: 1. The property may be subject to the water availability fee, connection fees or assessments. The Land Development Manager (507-281-6198) at the Public Works Department determines the applicability of these fees. 2. Rose Harbor High Level Water System service is available to this property with approximate static pressures ranging from 35 PSI at elevation 1220 to 87 PSI at elevation 1100. 3. We recommend that homes built at or above the approximate elevation of 1214 to include larger water services to better accommodate the lower pressure. 4. We will work with the applicant's engineering firm to develop the necessary water system layout to serve this area. Please contact us at 507-280-1600 if you have questions. Very truly yours, 064A R Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Yaggy Colby Associates Platinum Development Group Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 REQUEST FOR COUNCIL ACTION MEETING DATE: '% " 12/17/01 AGENDA SECTION, ORIGINATING ❑EPT- CONSENT AGENDA Public Works t t cdl DESCRIPTION: Development Agreement — Waste Management Property (Airport Industrial Park) ITEM NO. _ ,h - /r/) PREPARED BY: M. Baker Waste Management of Minnesota is the Owner of property described as Lots 1, 4, and 5, Block 2, Airport Industrial Park, Olmsted County, Minnesota. The Owner and City Staff have had discussions relating to impacts of the development of the property on the surrounding infrastructure. Based on the discussions, a Development Agreement has been prepared and executed by the Owner. The major items covered in the Agreement include the following: • Pedestrian Facilities along loth & 11th Ave SW (by Exhibit). • Terms and timing for connection of the property to the City water system.(by Exhibit) • Storm Water Management • Owner's payment of the assessments, development/connection related charges including: Water Availability, Watermain Frontage for 10" & 11th Ave SW, Substandard Street & Transportation Improvements. COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the Development Agreement for the Waste Management of Minnesota Property. t,JUNCIL ACTION: Motion by Second by: to: REQUEST FOR COUNCIL ACTION MEET!n!G DATE: 12-17-01 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: Public Works :M DESCRIPTION: Permit Parking Petition from 3`° St SW/ 600 block, 7d' Avenue SW / 300 block, & 4 h Street SW/ 600 block ITEM NO. /! k; PREPARED BY: JJ .n D. RossmanY The City has received a petition from the residents of 3`° St SW/ 600 block, 7' Avenue SW / 300 block, and 4d' Street SW/ 600 block requesting the City to establish Permit Parking on their streets, to control all day parking during weekdays. The area is shown on the attached map. This petition is from within the Edison Neighborhood where Permit Parking has already been established on 17 blocks. The petition has been reviewed as to meeting the requirements of R.C.O. #138 and staff finds that all conditions are met. The petition is to add three streets to an existing zone. The requesting streets are impacted heavily by all -day parking, Monday thru Friday, from a source outside the neighborhood. There are "No Parking" restrictions on both the north side of 3`d street and the west side of 7`h Ave due to past petitions requesting these restrictions. These are to remain. The petition has been signed by 60 % of abutting property owners or residents: Block # of signers # of owners % signing Street/ RowWidth 3`d Street SW / 600 block 5 8 63 % 27/75 7`" Ave SW/ 300 block, 2 3 67% 24/30 & 4`b St SW/ 600 block 2 4 50% 40/90 625 015 B19 225 s.w 302 822 �3 814 i I y I 1 01 3}0i B19 Big 627 317 ` I B19 f 617 716 706 1 k628—� — �0 i 410518 ('— I I Staff would recommend in favor of the petition and would request a Public Hearing to be scheduled for January 7, 2002. COUNCIL ACTION REQUESTED: Adopt the prepared resolution calling for a public hearing on January 7, 2002 to consider establishing Residential Permit Parking, Zone #6 (Edison Neighborhood) on 3`d Street SW/ 700 block and 7`h Avenue SW / 300 block. and 4h Street SW/ 600 block. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 12-17-01 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: ITEM NO. Public Works 1) --/'7 ITEM DESCRIPTION: Riverside Central School Zone Safety Study Amendment Prepared By: The City of Rochester has received a request from Mr. Paul Bourgeois & Jeff Kappers, of Independent School District 535, to amend the School Zone Safety Study for Riverside Central Elementary School to include a temporary closure of 5th Avenue SE, from 5th Street to 6th Street, 3:15pm to 4:00pm, school days only. This would be enacted in order to create a safety zone for school bus loading. It would eliminate the double parking and loading activities on 5t" Avenue, which currently encourages students to walk between the school buses to reach their parents' vehicles. Pick-up and loading activities are allowed on the 6th Street side of the school, in the school parking lot, and on 5t" Street. This request has also been reviewed with and agreed upon by the City Police Department. The City of Rochester would provide the proper signs, and school district staff would be authorized to install and retrieve the signs. 1 ' I I .m= 6.ST SE --- - ------- L-L COUNCIL ACTION REQUESTED: Adopt the prepared resolution adding following paragraph to the Comprehensive Traffic and Parking Resolution Book Section Q "Temporary Street Closings" to read: 2) 5th Avenue SE/500 block to be closed each school day from 3:15pm to 4:00pm, with buses COUNCIL ACTION: Motion by Second by: to: REQUEST FOR COUNCIL ACTION MEETING 'C 1 DATE: 12/17/01 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT- Public Works ITEM NO. Z) —/ d DESCRIPTION: Professional Engineering Services: Design of 3 Id Ave SE from 41npR PARED BY: St SE to 12" St SE (J-2245). 7 D. Nelson�l The following project has been proposed for construction in 2002 and is included in the 2001 - 2006 Capital Improvement Program. Project: Rehabiliation of 3`d Avenue SE from 4th Street SE to 12th Street SE. (J-2245). Funding for the project will come from Federal funds and Municipal State Aid funds. At the August 20, 2001 Council meeting, the City Council approved Preliminary Design services with Yaggy Colby and Associates. We now recommend we enter into an engineering services agreement with Yaggy and Associates for Final Design Plan and Specification preparation. Yaggy Colby Associates, proposes to provide Final Design services on a Lump Sum basis of $40,000. COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to enter into a Professional Services Agreement with Yaggy Colby Associate, for Final Design on a Lump Sum basis of $40,000.00. . o!JINCIL ACTION: Motion by: second by to: REQUEST FOR COUNCIL ACTION MEETING I/ DATE: 12/17/01 AGENDA SECTION_ ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works \ „11.1 DESCRIPTION: Professional Engineering Services: Design of Regional PRPPARED BY: Stormwater Ponds for area west of 50th Ave NW (J-2468). ID Nelson The following project has been proposed for construction in 2002 and beyond and is included in the 2002 - 2007 Capital Improvement Program. Project: Construct Regional Stormwater Ponds for Cascade Township Section 7 Project Number: J-2468 Regional Stormwater ponds are needed in the Section 7 area to accommodate continued development action. Funding for the construction is from Storm water Management contributions. Bonestroo and Associates, proposes to provide Preliminary Design services at an hourly rate not to exceed $15,000.00. Final design plan and specification preparation will be addressed separately. COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to enter into a Professional Services Agreement with Bonestroo and Associates, for Preliminary Design Analysis services in an amount not to exceed $15,000.00. ..JUNCIL ACTION: Motion by: second by: to: Section 7 0.3 0 0.3 0.6 Miles �- — W Text Street Label = Parcel Boundary 0 S E REQUEST FOR COUNCIL ACTION MEETING DATE: 12/17/01 AGFNDA SFCTION- ORIGINATING DEPT- ITEM NO. CONSENT AGENDA Public Works —" M DESCRIPTION: Supplemental Agreement # 1; Project 8316-98 (J-2454) PREPARED BY: Construction of Drainage Ditch & Storm Sewer in South Park F M. Easley The plans provide for the installation of storm sewer pipes and drainage Swale in an easement, in the backyards of homes in the South Park Subdivision. The intent of the plans was to provide storm sewer to openly outlet into the drainage swale adjacent to the existing culvert pipe under 241" St. SE. The finished result was not acceptable for a private rear yard installation and the Engineer deemed it necessary to revise the storm sewer outlet and provide a direct connection to the existing culvert pipe. This restored the existing yard to preconstruction condition. The Engineer has prepared Supplemental Agreement # 1; Project 8316-98 (J-2454) in the amount $8,861.45 to cover the cost of compensation for extra work and material needed to complete the project. • COUNCIL ACTION REQUESTED: Adopt a resolution authorizing payment of Supplemental Agreement # 1; in the amount of $8,861.45; Project 8316-98 (J-2454) South Park Drainage Swale OUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING �y DATE: 12/17/01 AGFNDA RFCTION- ORIGINATING DFPT- NO. CONSENT AGENDA Public Works 717—.>7 ITEM DESCRIPTION: Supplemental Agreement# 1; Project M1-18 (J-9777) PRrARED BY: Fox Valley Drive SW 1J,M. Easley 0" The plans provide for traffic calming measure to be installed on Fox Valley Drive SW. The intent of the plans was for the installation of four concrete pavement speed tables to slow the traffic in the residential neighborhood. Certain design standard provisions were inadvertently left off the plans. The Engineer deems it necessary to construct the concrete pavement consistent with design standards utilized on similar paving projects. The Engineer has prepared Supplemental Agreement # 1; Project M1-18 (J-9777) in the amount of $5,179.90 to cover the cost of compensation for extra work and material needed to complete the project. COUNCIL ACTION REQUESTED: Adopt a resolution authorizing payment of Supplemental Agreement # 1; in the amount of $5,179.90; Project M1-18 (J-9777) Fox Valley Dr. SW — Traffic Calming COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 12/17/01 AGFNDA SFCTION: ORIGINATING DFPT- ITFM NO. CONSENT AGENDA Public Works ' -- ITEM DESCRIPTION: Supplemental Agreement #1 Project SW-M005 (J-2465) PREPARED BY: Bamber Lake Area Pond D Weber The plans provide for improvements to the detention structure on the N.W. corner of Circle Drive and Salem Road S.W., the plans further provide for turf establishment and erosion control as the final item of work. The proposal incorrectly represented work associated with items, seed mixture and erosion control. It was the intent of the plans to provide Seed Mixture 600 at 1.1 Acre instead 1.1 pound and Erosion Control Blanket Category 4 instead of Category 3. The Engineer has prepared Supplemental Agreement #1; Project SW -MOOS (J-2465) in the amount of $8,100.00 to cover the cost of: 1. Seed Mixture 600 at 1.1 Acre 2. Erosion Control Blanket Category 4 COUNCIL ACTION REQUESTED: Adopt a resolution authorizing payment of Supplemental Agreement # 1; in the amount of $8,100.00; Project SW-M005 (J-2465) Bamber Lake Pond COUNCIL ACTION: motion by: Second by: to: REQUEST FOR COUNCIL ACTION AGENDA SECTION: ORIGINATING DEPT: CONSENT AGENDA Public Works t t rill DESCRIPTION: Pedestrian Facilities Agreement — Robnik, LLP MEETING IK, DATE: 12/17/01 ITEM NO. PREPARED BY::,�,�p ti x M. Baker Staff would offer the following Pedestrian Facility Agreement for consideration by the Council: • Robnik, LLP is the Owner of part of the NE%, Section 26, Township 107 North, Range 14 West, Olmsted County, Minnesota, commonly known as Moody's Impound Lot. Through the permitting process for SDP#01-50 & SDP#01-78, the Owner has requested that a Pedestrian Facilities Agreement be approved to address the its obligation for providing a five (5) foot wide concrete sidewalk along the entire frontage of the Property abutting the East River Road NE. 7 vj Robnik LLP Propert �a s � COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute a Pedestrian Facilities & Driveway Approach Agreement with Robnik LLP for property in the NE'/,, Section 26, T107N, R14W, commonly known as Moody's Impound Lot. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING AGENDA SECTION: ORIGINATING DEPT: CONSENT AGENDA Public Works I I tM DESCRIPTION: Pedestrian Facilities Agreement — Olmsted Medical Cent( DATE: 12/17/01 ITEM NO_ j � PREPARED B) 7-L M. Baker Staff would offer the following Pedestrian Facility Agreement for consideration by the Council: Olmsted Medical Center is the Owner of art of Lot 18, Auditor's Plat'A', Olmsted County, Minnesota, having an address of 1650 4t St SE, Rochester MN, 55904. Through the permitting process for SDP#01-84, the Owner has requested that a Pedestrian Facilities Agreement be approved to address the its obligation for providing a five (5) foot wide concrete sidewalk along the entire frontage of the Property abutting the 191h Ave SE right-of-way. COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute a Pedestrian Facilities & Driveway Approach Agreement with Olmsted Medical Center for part of Lot 18, Auditor's Plat'A', Olmsted County, Minnesota. ii,uUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING >( i DATE: 12/17/01 AGENDA SECTION: nRIGINATING DEPT: ITEM Nn. CONSENT AGENDA Public Works J-'� - , a, -f-� M DESCRIPTION: STORMWATER MANAGEMENT AGREEMENTS PREPARED BY:I p� M. Baker The Department of Public Works has received a request on two (2) properties, to voluntarily participate in the City's Regional Storm Water Management Plan (SWMP). This department has reviewed the information for these properties and has determined that there is support for participation. The Owners of the following properties have requested voluntary participation in the City's Plan, with the applicable participation fees as follows: • The Amish Store (Lot 1, Block 1, Bandel Business Center & Access Drive) (SDP#01-86) $10,534.89 • RC Properties (Lot 2, Block 1, Circle Drive Business Center P) (SDP#01-87) $ 4,261.70 The Owners of these properties have already provided payment for its respective charges. These funds will be deposited upon acceptance by the Council for the property to participate in the City's Plan. COUNCIL ACTION REQUESTED: Adopt a Resolution accepting voluntary participation by the above noted properties, in the City's Regional Storm Water Management Plan. is 'OFOUNCIL ACTION: Motion by: Second by: to. REQUEST FOR COUNCIL ACTION MEETING l `� DATE: 12/17/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENTAGENDA Public Works t r-M DESCRIPTION: Owner Contract — Watermain to Serve Bandel Business Center PREPARED BYq (J9872) Pr M. Baker Staff would offer the following Owner Contract project for consideration by the Council: Kevin Duckett (Owner) & Zenke, Inc. (Contractor) are requesting a City / Owner Contract J9872 consisting of "Watermain to Serve Bandel Business Center'. � a m -4¢' ny, m N r •nw COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9872 "Watermain to Serve Bandel Business Center". t,uUNCIL ACTION: motion by: Second by: to: 7w „ ArFNnA REQUEST FOR COUNCIL ACTION MEETING 12-17-01 u . DATE : A// ORIMNATINr, nFPT- ITFM Nr). CONSENT AGENDA Public Works M , ROCHESTER CITY LINES/ ROUTE 6 CHANGES PRFPARFn RY- A KNAUER 4 This is a request to modify Rochester City Lines Route 6B and establish a demonstration Route 6D. MODIFICATIONS TO ROUTE 6B In April of this year major changes were made to Route 6 which serves the South Broadway, Td Avenue SE and Crossroads areas. The changes added service to Meadow Hills and a Park and Ride at Shopko South. The attached petition has been received from Crossroads riders requesting that the order of pick up on Route 6B be reversed to shorten their ride time to and from the downtown. The change will shorten the Crossroads residents ride time from 18 minutes currently to 11 minutes. The change is below the threshold that requires a hearing. The transit advisory has recommended approval. Exhibit A shows the proposed schedule and route map. ESTABLISHMENT OF DEMONSTRATION ROUTE 6D There is a request to look at more direct service to the Shopko Park and Ride to downtown and St Marys. Currently St Marys employees must transfer downtown. Its proposed to establish a 6 month demonstration Route 6D (direct) that would circulate between the South Broadway Shopko area, downtown and St Marys during peak hours. Mayo Clinic has agreed to sponsorthe route. The route will be open to the public. The transit advisory has recommended approval. Demonstration routes of 180 days or less duration are not subject to a hearing. Exhibit B shows the proposed schedule and route map. Staff recommends approval. The timing of implementation needs to be coordinated with some changes in the assignment of equipment and personnel. This coordination should be completed by the end of January. The sponsorship will cover the additional cost. REQUESTED COUNCIL ACTION Adopt the prepared resolution approving the proposed changes to Route 6 as described per Exhibits A and S. )UNCIL ACTION: Motion bv: second bv: to: REQUEST FOR COUNCIL ACTION �f� MEETING 1 7 01 DATE: Ar;FNnA SFCTICIN- ORIMNATINr, nFPT- PUBLIC WORKS ITFM NO. l�—, CONSENT AGENDA I ROCHESTER CITY LINES CONTRACT FOR 2002 PRFPARFn Ry. G A KNAUER This is a recommendation to approve the 2002 operations contract with Rochester City Lines. This contract provides funding for the regular route deficit. The contract maximum is $1,323,521 based on the estimated deficit. (Expenses less revenues.) This compares to a contract maximum of $1,187,541 in 2001. The 2002 contract includes increases for wages and fuel costs. The contract provides reimbursement for actual expenses less revenues. Some expenses are allocated based on hours or miles of operations. The contract is subject to an annual audit. The contract runs from 1/1/2002 through 12/31/2002. The contract is subject to the receipt of State and federal funds. REQUESTED COUNCIL ACTION Adopt the prepared resolution approving the following contract the 2002 contract with Rochester City Lines in the maximum amount of $1,323,521. REQUESTED COUNCIL ACTION Adopt the prepared resolution JNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: L 2117/01 GENDA SECTION: ORIGINATING DEPT, ITEM NO. CONSENT AGENDA Public Works D 'Z 9 ITEM DESCRIPTION: Real Estate — Settlement Agreement for Right of Way Acquisition PREPARED BY: for the Historical Center Stormwater Facility. J 2465 M. Nigbur As part of the City's project to construct a regional storm water management facility the City needed to acquire a portion of the History Center property. City staff pursued acquisition of the needed area of 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 $41,500. i � F Circle Drive N Historical Center Storm Water Facility;' __ yy co`bzssw l , Salem Road SW COUNCIL ACTION REQUESTED: Authorize the payment to the Historical Center in the amount of $41,500 and allow City staff to accept the Deed for the property. COUNCIL ACTION: Motion by: second by. to: REQUEST FOR COUNCIL ACTION MEETING DATE: 12/17/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS CITY ADMINISTRATOR j i awl DESCRIPTION: ADOPTION OF 2002 TAX LEVY, 2002BUDGET, AND 2002-2007 PREPARED BY: CIP S. KVENVOLD Although the Legislature adopted an amendment that does not require a Truth -In -Taxation public hearing for adoption of the 2002 tax levy and budget, both staff and Council have determined that a public hearing provides for an effective means of providing budget information and receiving public comments regarding the 2002 tax levy, budget and CIP. The recommended tax levy is $22,480,055 and the final budget is $126,433,495. COUNCIL ACTION REQUESTED: Approve resolutions to adopt the 2002 Property Tax Levy of $22,480,055; the 2002 Total Budget of $126,433,495 and the 2002-2007 Capital Improvements Progra ....UNCIL ACTION: Motion by: second by: to: CITY OF ROCHESTER, MINNESOTA Impact of Review and Adjustments to 2002 Recommended Program for Services Through December 11, 2001 Affected Department Page PLANNING AND ZONING - 101-4080 POLICE - 101-4110 AIRPORT OPERATIONS - 270-4270 FINANCE DEPARTMENT 14-Dec-2001 10:5321 AM Proposed 2002 Budget 39 OTHER EXPERT AND PROFESSIONAL SERVICES MEALS (NOT CONFERENCE7TRAINING RELATED) REGIS-CONF/TRAIN-IN ST/LOCAL 47 REGIS-CONF/TRAIN-IN STILOCAL 191 UTILITIES -ELECTRIC Operating Budget Change Total Budqet Chanqe 2002 Budqet 2001 Budqet Percent of Change Maximum 2002 Levy Recommended 2002 Levy Under maximum 2002 Levy Flname Dept B.. A*." 12114,7001 r, Tmrvrn.Pwr,niTl:cT1'nMp.,nnnPP,M�e!HP�wC1,nq.b�Pntlnnl.p-..pnn� Net Increase Account/Dept (Decrease) Tax Levy Total Budget $22,481,150 $126,434,590 11390 (500) (500) (500) 12130 (200) (200) (200) 12140 (2,000) (2,000) (2,000) 12140 7,000 7.000 7,000 12310 (5,395) (5,395) (5,395) $ (1,095) $ (1,095) $ (1,095) $ (1,095) $ (1,095) $ 22.480,055 $ 18,970,957 18.50 $ 23,224,131 $ 22,480,055 $ 744,076 $ (1,095) $ 126,433,495 $ 115,895,959 9.09 7-> REQUEST FOR COUNCIL ACTION MEETING DATE: 12-17-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS — Continued Item PLANNING rivl DESCRIPTION: Rochester Urban Service Area Land Use Plan Map Amendment #01- PREPARED BY: 06, by Western Walls, Inc. to amend the Plan from "Medium Density Residential" to Brent Svenby, "Commercial" on 2.69 acres. The property is located along the north side of 2"d Street and Planner along the west side of 23'd Avenue SW. The property is identified for residential commercial uses on the General Development Plan known as Grandville at Cascade Lake. December 13, 2001 City Planning and Zoning Commission Recommendation: The City Planning and Zoning Commission held a public hearing on November 14, 2001, to consider the Land Use Plan Amendment request for the property. The applicant is requesting to designate approximately 2.69 acres be designated for "Commercial" on the Rochester Urban Service Area Land Use Plan. The Commission discussed whether the area proposed to be designated "Commercial' is appropriate based on the criteria as included in the staff report. The Commission recommended approval, with the following findings. Ms. Wiesner made a motion to approve Land Use Plan Amendment #01-06 by Western Walls with the following 1 findings. Mr. Burke seconded the motion. The motion carried 7-1, with Mr. Quinn voting nay. a) The property has frontage on an arterial street, though it is not located at the intersection of a collector or other higher level street. The development agreement executed for the property requires that controlled access be dedicated along the entire frontage of the property adjacent to 2"d Street SW. This means that no access to be permitted to or from 2"d St. SW to this site. With the upgrade of 23`d Avenue SW that needs to occur for the park system and other development in the area, the property will have adequate access to support commercial uses at this location. b) The property has relatively flat terrain. c) With the upgrade of 23`d Avenue SW that needs to occur for the park system and other development in the area, the property will have good vehicular and pedestrian access to support commercial uses at this location. d) The property has a project service area population of approximately 4,649 households within a one mile radius of the property. This service population includes 3,308 existing residential units and 1,341 future residential units. e) While on its own this site does not have enough land area to serve the fully developed neighborhood at a rate of 2.5 acres of land per 1000 neighborhood households, when examined with respect to the adjacent 2"d Street SW commercial area as a whole this criterion will be met. Planning Staff Recommendation: See attached staff report dated November 9, 2001 wUNCIL ACTION: Motion by: Seconded by: to: Page 2 RCA December 13, 2001 Council Action Needed; 1. The Council may approve or deny this petition. The Council's decision must be supported by findings based on the criteria listed in the Land Use Plan (as included in the staff report). 2. If the Council wishes to proceed with the land use plan amendment as petitioned, it shoula instruct the City Attorney to prepare a resolution supported by findings of fact ano conclusions of law. Attachments: 1, Staff Report dated November 9, 2001 2. Minutes of the November 14, 2001 CPZC Meeting are attached to the LUPA RCA Distribution: 1. City Clerk 2. City Administrator 3. City Attorney: Legal Description attached 3. Planning Department File 4. Planning Department GIS 5. Applicant: This item will be considered some time after 7:00 p.m. on Monday, December 17, 2001 in the Council / Boarc Chamber at the Rochester — Olmsted Government Center Building 6. McGhie & Betts, Inc. w v/ r ROCHESTER-OLhISTED PLANNING DEPARTMENT `t ;K4c"esrFq. `'r'v}Fr 2122 Campus Drive SE, Suite 100 • Rochester, NIN 55904-4744 ' 4 C O U M T, C F„/F www.olmstedcounty.com/planning Memorandum To: Mayor and Common Council From: Brent Svenby, Rochester -Olmsted Planning Dept. Date: 12/13/01 Re: Requested information regarding past Land Use Plan Amendments The Council continued three applications filed by Western Walls, Inc. to the December 17, 2001 meeting in order to receive additional information from the Planning Department. The applications were for a land use plan amendment to the commercial designation, a zoning petition to the B-4 (General Commercial) zoning district and a GDP amendment to allow uses permitted in the B-4 zoning district on the property. The additional information requested was a review of similar applications (commercial land use plan amendments), description of commercial uses allowed in the B-5 and R-3 zoning districts and a review of 23`d Avenue SW designation (appropriate as a collector). Attached you will find a review of current land use plan amendments to the commercial designation and a description of commercial uses allowed in the B-5 and R-3 zoning districts. Please see the separate memo from Charlie Reiter regarding the designation of 23`d Avenue SW. BUILDING CODE 5071285-8213 - GISIADDRESSING/MAPPING 5071285-8232 • HOUSING/HRA 5071285.6224 .�,,,.. PLANNING/ZONING 5071285.8232 • WELL/SEPTIC 507/285-8345 FAX 507/287.2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Examples of petitions to amend the Rochester Urban Service Area Land Use Plan to the Commercial Designation. Petitions that met the criteria and were approved: • #98-5 John Benike - Along west side of Valleyhigh Dr, south of 191" St. — staff recommended approval #00-03 — Along west side of West Circle Drive, south of Celestica site, extra ROW acquired from County — This amendment would expand an area that had recently been designated for "commercial" uses. Petitions that met the criteria and were denied: Petitions that didn't meet the criteria but were approved: • #00-01 Badger Development, LLC - West of West Circle Drive, south of Valleyhigh Rd. — Did not have level terrain, otherwise met criteria #00-05 Quinstar - Along east side of CR 1, north of TH 52- Didn't meet criteria for access and only part of property had level terrain. • #00-06 Billman Orr - 34`" Ave. NW , west of Highway 52 - Didn't meet the intersection criteria but Council placed an upper trip generation limit on the property. • #00-08 R.L. Hexum & Assoc. -North of 48'" St. SW and west of TH 63 — Did not have level terrain, but staff , commission and council recognized other factors that would alter the natural terrain (i.e. improvements to TH 63 including an interchange at 48" St.) #97-5 Jerry Nelson - NW corner of 18" Ave. & 55" St. NW intersection — staff recommended denial due to the existing commercial land within the service area. #97-3 City of Rochester Initiated — Along 2nd St. SW, west of 19`" Ave. SW - Property located mid -block not meeting the intersection criteria but was viewed as having existing commercial uses on the property. • #97-2 Mathy Construction - North side of Country Club Rd, east of 23`d Ave. — Not at an intersection of a collector and higher order, but would access the northern extension of 23`d Ave. & staff recommended approval. • #97-1Carpenter & Torgenson - Along 1°' St. SW, east of 11`" Ave. SW - Property located mid -block not meeti2p the intersection criteria, but viewed as a continuation of commercial along 2 St. SW. #96-4 Fine Shelter — South of Highway 14, west of Crossroads Shopping Center - Didn't meet the intersection criteria, but was viewed as an extension of a larger commercial area (Crossroads). Petitions that didn't meet the criteria and were denied . #98-8 Cycle City — 60`" Street and Highway 63 - Access and interchange questions at 60'" Street. 0 #94-6 Franklin Kottschade — 40'" Street and Highway 63 - Locational criteria wasn't met. /7 C. COaIPARISON OF COMMERCIAL USES ALLOWED IN THE R-3 and B-5 ZONING DISTRICT Floor Site Use Use Detailed Area Hours of Sign Location Type Regulations Ratio Operation Regulation Requirement R-3Zoning District Office VAR 62.264(3) .125(I) 7am-10pm A J .20(111) Personal VAR 62.264(3) 1.125 7am-10pm A J I Service Convenience III 62.264(4) .10 (I) 6am-10pm A J,E Retail .15 III Medical II or 62.263(2) A D Facility III Funeral I .125 (I) 7am-11pm A C Homes .20(111) B-5 Zoning District Office II .25(11) 6am-10pm A E .50 III Personal II .25(11) 6am-10pm R E Service .50(111) Medical II .25(11) A J Facility ! .50 III Day Care I .25 (1) R i Facility .50 III i Funeral 11 25 (II) A Homes .50(111 (1) = Type I approval could be approved by staff (II) = Type II approval through a conditional use permit by the City Planning and Zoning Commission (111) = Type III approval through the Incentive Development process 62.263 Other Residential Uses: 2) 2) Nursing and Personal Care Facilities and Medical Facilities: Uses in residential districts are subject to the same General Zoning District regulations and setback regulations which apply to Area Accessory Developments in the same zoning district. The Zoning Administrator may authorize additions or expansions to existing developments consistent with the standards of paragraph 61.148 as a Type I development. 62.264 Nonresidential Uses: 3) 3) Office and Personal Services: Office and Personal Service developments may be considered a Type II use if they meet all standards except those for floor area and landscape area and are located on a lot at least 8,000 square feet in size with a floor area not exceeding 5,000 square feet. 4) 4) Convenience Retail: A Convenience Retail development may be considered as a Type II use if it meets all standards except those for floor area and landscape area and is located on a lot at least 8,000 square feet in size, with a floor area of not more than 4,000 square feet and not more than eight employees on the largest shift. In addition, all new convenience retail developments shall be located at least 1/4 mile from any existing convenience retail use and 1/2 mile from any existing neighborhood shopping center. Where the applicant wishes to request a variance from this requirement, the application shall be accompanied by a market study showing that an adequate market exists within 1 /2 mile of the proposed site to support such use. The information to be contained in the market study shall include: a) Identification of trade area; b) Determination of number of potential customers in the trade area; c) Determine a profile of the income levels of potential customers; d) Estimate consumer expenditures for products offered and the total retail demand for products in the trade area, e) Estimate Capture Ratio/Market Penetration; evaluate the competition; estimate market share using accepted methodology such as: fixed share method, unsatisfied demand, proportional method, total apportioning method; f) Apply Capture Ratio to Total Retail Demand to determine volume of business expected; g) Prepare a cash flow forecast to evaluate feasibility of the project. 63.250 SITE LOCATION STANDARDS This section describes the site location criteria identified in the Zoning District Tables of Chapter 62 for specific types of permitted or conditional use. 63.251 Purpose: Certain types of uses are found to be acceptable within given zoning districts only at certain sites which exhibit locational characteristics unique to the needs of the given use or site which are less desirable to develop and thus IV are granted more latitude in development options, or which, while being compatible with the predominant land uses permitted in the underlying zoning district, have traffic generation characteristics of a different nature which require special consideration in locating the use. The purpose of this section is to identify those locational restrictions necessary for certain types of permitted or conditional uses which will insure their compatibility with surrounding land uses. 63.252 Standards: The Site Locations Standards are as follows: 1) 1) Site Location "C": The use shall be located at the intersection of two arterial or higher order streets in an R-Sa, R-1, R-1x, R-2, or R-3 District. 2) 2) Site Location "D": Uses shall only be permitted to take access off of a major local or higher order streets. 3) 3) Site Location "E": Uses shall be located so as not to take access from or channel a majority of the traffic generated by the use onto a limited local or local residential street. If access to the site is to be provided from a frontage road, the frontage road must be a through road, or, if a dead end, its intersection must be with a nonresidential street or a collector or higher order street as defined by the Thoroughfare Plan. 4) 4) Site Location "J": The site provides direct access to a collector, arterial or expressway. 62.700 RESTRICTED DEVELOPMENT Certain mixtures of land uses which are not allowed within a given zoning district on a permitted or conditional basis can, if regulated, serve both the public interest and allow a more equitable balancing of private interests than that achieved by strict adherence to standard zoning regulations. The regulations of this article recognize and provide encouragement for innovation and experimentation in the development of land that would otherwise not be possible under the zoning district regulations established by this ordinance. 62.701 .approval Procedures for Restricted Developments: All types of Restricted Development are identified as Type I, I1 or III uses in Sections 62.720 through 62.760, and are processed according to the Type I, II or III Review Procedures accordingly. For Type III Restricted Developments, a two step review process consisting of a Preliminary Development Plan and a Final Development Plan shall be utilized. The Preliminary Development Plan shall be reviewed under the Type III Review Procedure, with a Phase II Hearing Process utilized. The Final Development Plan shall be reviewed under the Type HI Review Procedure, with a Phase III Hearing Process utilized. 1�i ROCHESTER-OLMSTED COUNCIL OF GOVERNMENTS 2122 CAMPUS DRIVE S.E. ROCHESTER, MN 55904-7996 PHONE 507-285-8232 FAX 507.287-2275 M E M O R A N D U M TO: City Council FROM: Charlie Reiter Senior Transportation Planner / Planning Dept DATE: December 13, 2001 RE: Information on Collector Streets and applicability of designation to 23rd Ave SW General Discussion of Collector Streets In thinking about street designation it is important to focus first on function and then on design. Collector streets in Rochester's street system have primarily two functions. First, collectors will generally serve to gather traffic from local streets within the interior of the area and deliver it to higher order streets such as arterials or expressways. Second, collector streets will provide for connectivity between adjacent areas, since all collectors are designed to intersect with two streets of equal or higher classification in the street system. This system connectivity is beneficial not only in terms of connecting adjacent areas but also in facilitating bus service through and emergency response service into areas, and to provide routes for pedestrians or bicyclists through areas along roads lower in volume then the arterial streets. Typical examples of lower volume collectors in the city are Northern Heights Drive, Memorial Parkway, Fox Valley Drive and Center Street. In addition to the system functions served by collector streets there is also an access function accommodated along these corridors. Generally in most cases private access is provided to adjacent properties, though it may be limited to a certain degree through minimum spacing requirements depending on expected traffic volumes. The designation of streets as collectors is based on whether or how well a roadway fulfills these functions in the hierarchy of the street system. It is only after the function has been considered and the designation identified that design comes into play. When street corridors are designated as collector streets there are minimum expectations in terms of right of way width and cross-section design that must be met in the case of new collector streets. It is important to keep in mind that there may be situations where the design standards for collectors may be applied to a local street, particularly where a single or limited number of high traffic generating uses are located on a street that is functioning primarily as an access or entrance road. Situations such as the entrance to Woodlake Park, 10 St SW on the south side of Crossroads Center and 16'h St NE on the north side of Silver Lake Shopping Center exemplify local streets that are designed like collector streets because of the significant access function they serve, but because they do not serve a connectivity function they have not been designated as collectors on the Thoroughfare Plan. Review of 23 d Ave In looking at the 23d Ave situation north of 2nd St it would be my conclusion the situation is one where the predominant roadway function is one of access and the connectivity function is very minor. Since all trips in this area (except for internal neighborhood travel) end up on 2nd St, the local street system, with multiple access points to 2nd St, does a good job in dispersing these 0 trips across multiple routes and the development of a collector street would not seem to serve a useful function. In addition, the current layout of land uses and streets illustrated in the preliminary plan for the Cascade Lake planning area (see attached) leaves very limited opportunity to develop a collector street system through the area, considering the potential location of a south beach recreation area for Cascade Lake, the very restricted level of connectivity that was provided through the Shorewood development, and the fact that any collector street corridor would likely need to tie into the local residential streets in the West Zumbro neighborhood for connectivity purposes. It appears the only possible scenario for development of a collector street would be to extend a corridor through the area identified on the photo as the Cascade Lake Recreation Area north of Shorewood. This corridor would tie into 2nd St NW and continue east to the Frontage Road. The cost of building this street under current plans would likely be at 100% public cost. The benefit of such a connection would seem to be the potential to re-route some Quarry Ridge traffic out of the West Zumbro neighborhood, but at the same time a drawback appears to be the potential to route some of the future traffic associated with the Cascade Lake Recreation Area through the neighborhood. Since traffic wants to reach 2nd St, it would seem that having multiple direct north -south connections to disperse traffic fulfills the functional needs of the area without development of an east -west collector corridor In conclusion, while the north approach to 2"d St may need to improved in the future to handle the access needs of abutting property, there appears to be limited need or opportunity to develop a collector street through the area between 2"d St SW and the West Frontage Road, and that the current street system pattern providing multiple local street accesses to 2"d St SW will serve the functional needs of the area. l L` V77 c .J rr ate`-9!I-M' JIL car r srT1 a' I.6417LF M',1-q5_ _ . o4 aoodg ii 3 y7j „dt �!� fidl AmWM44" OM uadp panJasab 351Jt fa ill? ,, .] •'.'` — r"^----.-sue „,ems .a- - c....a...l—.. '9nuwciZ v �! a , i•: "'�� Tic. Iz ri ps net Y r •' ��. WOWLZ ` ^ y r (,•i N J-� i .�S••1 ..g' fit.. . T�1 p L r ` , OWN C3 �r V d Az fo ct n it .{ � �N•• 1 .�. — .;f'.L +T�� 1, { - Zt 4VONE CHANGE EXHIBIT DESCRIPTION: SEE ATTACHED NORTH SCALE 1" = 100' =CR : WESTERN WALLS, INC. 604 11TH AVE. NW ROCHESTER, MN 55901 Ste!\ pp�.F N 87'34450 W 259.67 B5 TO B4 f 2.69 ACRES w s ss. it F h C O �COUN S COR SE 1 !4 SEC 33-107-14 W 7 SHOREWOOD SHOREWOOD RETAIL REPLAT SCALE 1" = 100, paawN ar JJJ Uft -wd PLmiu{ CemuWy - Cl.il -i1:: ;; ?��^^ Ww^el 1. ACCL NO.: 101311584 1 Codd Na 1584'0iJE i FJ( F N0. BK. PG. r..,.... m.an.an. P...mY. ,T:Oi..iA ROt STER-OLMSTED PLANNING DEPaxiMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 r�r��2\fi�mn! CC O„, y O f www.olrnstedcounty.com/planning TO: City Planning and Zoning Commission FROM: Brent Svenby, Planner DATE: November 9, 2001 RE: Rochester Urban Service Area Land Use Plan Map Amendment #01-06, by Western Walls, Inc. to amend the Plan from "Medium Density Residential" to "Commercial" on 2.69 acres. The property is located along the north side of 2nd Street and along the west side of 23`d Avenue SW. The property is identified for residential commercial uses on the General Development Plan known as Grandville at Cascade Lake Plannina Devartment Review: Petitioner: Western Walls, Inc. 604 11" Avenue NW Rochester, MN 55901 Property Owners: City of Rochester C/o City Administration 401 City Hall Rochester, MN 55904 Western Walls, Inc. 604 11"Ave. NW Suite 100 Rochester, MN 55901 Consultant: McGhie & Betts, Inc. 1648 3rd Avenue SE Rochester, MN 55904 Location of Property: The property is located along the north side of 2nd Street SW, west of 23`d Avenue SW and east of the Mayo surface parking lot. Requested Action: The applicant requests to amend the Rochester Urban Service Area Land Use Plan to designate approximately 2.69 acres of land for "commercial' uses. The property is currently designated for "medium density residential" uses. A Zoning District Amendment and an amendment to General Development Plan #155 are being considered concurrentwith this application. Existing Land Use: The property is currently used by the City of Rochester Park and Recreation Department as soccer fields. BUILDING CODE 507/285-8213 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HPA 507/285-8224 PLANNINGIZONING 5071285-8232 • WELLISEPTIC 507/285-8345 FAx 507/287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER �wv. Page 2 LUPA 01-06 Western Walls, Inc. November 9, 2001 Proposed Land Use: The applicant has also filed a zone change petition and an amendment to General Development Plan # 155 known as The Grandville at Cascade Lake to change the zoning on 2.69 acres from the residential commercial district to the general commercial district. No specific use is identified on the GDP, however, the highest intensity of use proposed on the property would be equal to that of a convenience retail use. Adjacent Land Use and East: Property to the east, across 23rd Ave., is zoned Zoning: B-4 (General Commercial) and R-3 (Medium Density Residential) and includes the Shorewood retail and senior housing development. South: Property to the south, across 2nd Street, is zoned PUD and R-1 (Mixed Single Family). Further to the west is the indoor tennis club which is zoned B- 4 (General Commercial). North: Property to the north which is included in GDP #155 is zoned R-3 (Medium Density Residential) and is proposed to be developed with multi -family dwellings. Beyond the GDP boundary, the property is zoned R-1 and is the location of on -going mining and the future Cascade Lake. West: Property to the west which is included in GDP #155 is zoned R-3 (Medium Density Residential) and is proposed to be developed with multi -family dwellings and a possible fire station. Beyond the GDP boundary, the property is zoned R-1 (Mixed Single Family) district and is the location of the Mayo surface parking facility. Transportation Access: Access to this property will be from 2V Ave. SW. No access will be permitted to or from 2ie Street SW to the site. It is expected a traffic signal may be warranted in the future, at the intersection of 23 d Avenue SW and 2nd Street SW, as development occurs. This location is consistent with general guidelines on signal spacing needed to maintain adequate traffic flow along the 2nd Street SW corridor. A Development Agreement has been executed between the developer and City for the development of this property. The Development Agreement outlines requirements for contribution toward a future traffic signal on 2nd St. SW and reservation of land for 23rd Ave. SW. Please see the traffic analysis prepared by Charlie Z-/� Page 3 w� LUPA 01-06 Western Walls, Inc. November 9, 2001 Reiter regarding transportation issues. Wetlands: A wetland delineation has been carried out for the property and is on file with the Planning Department, Neighborhood Meeting: A neighborhood meeting was held on October 29, 2001. A summary of the meeting is attached. Referral Comments: 1. Planning Department - John Hanford 2. Charlie Reiter - Senior Transportation Planner 3. Rochester Public Works 4. RPU - Water Division 5. RPU - Operations Division 6. Fire Department 7. Olmsted County Public Works Report Attachments: 1. Location Map 2. Land Use Plan Map 3. Referral Comments - see GDP Report 4. Neighborhood Meeting Summary Analysis: The Rochester Urban Service Area Land Use Plan identifies location criteria for "commercial' types of uses as follows: a) Located at the intersection of a collector street and/or higher level streets. b) Having relatively flat terrain. c) Having good vehicular and pedestrian access. d) With a projected service area population of at least 1,500 households with a radius of one-half to one mile. e) Having at least enough land area to serve the fully developed neighborhood at the rate of 2.5 acres of land per 1,000 neighborhood households. Staff Suggested Findings: a) The property has frontage on an arterial street, though it is not located at the intersection of a collector or other higher level street. The development agreement executed for the property requires that controlled access be dedicated along the entire frontage of the property adjacent to god Street SW. This means that no access to be permitted to or from fd St. SW to this site. The only access that will be permitted, will be from 23'd Ave. SW, a limited local street, which aligns with the access to Shorewood. b) The property has relatively flat terrain. Page 4 LUPA 01-06 Western Walls, Inc. November 9, 2001 c) The property has limited access to it. No access will be permitted to fd St. SW. Depending on the type of commercial development on the site the Level of Service of the intersection of 2 d St. SW and 2P Ave. SW may not met the standards in the Land Development Manual, which establishes a Level of Service CID as the threshold for intersection operations. Currently the intersection operation at a Level of Service B. According to the traffic analysis completed for the proposal, the additional traffic produced by the potential development drops the current Level of Service at the intersection to F. With the full build -out of Grandville at Cascade Lake and a signalized intersection, the Level of Service for the intersection meets the standards of the LDM. However, when other potential development is added, including lands north of Shorewood and a potential parking lot for a future Cascade Lake Recreation Area, the Level of Service for the southbound left turn drops to an FJF, which again fails to meet the standards of the Land Development Manual. d) The property has a project service area population of approximately 4,649 households within a one mile radius of the property. This service population includes 3,308 existing residential units and 1,341 future residential units. e) While on its own this site does not have enough land area to serve the fully developed neighborhood at a rate of 2.5 acres of land per 1000 neighborhood households, when examined with respect to the adjacent 2 d Street SW commercial area as a whole this criterion will be met. Staff Recommendation: The ability to consider the Zone Change, Land Use Plan Amendment and General Development Plan concurrently allows the City to consider this development proposal as a package. Based upon the accompanying General Development Plan for this site and the findings above, Staff suggested findings don't support amending the Land Use Plan. Findings to criteria a and c don't support the amending the Land Use Plan of the property from "medium density residential" to "commercial". The current zoning of the property does allow for some commercial uses. The B-5 zoning requires that purposed development proceed through a type 11 process which requires approval by the CPZC. Based on the fact that findings can not be made to support criteria a and c, staff recommends denial of the Land Use Plan amendment. Page 5 City Planning and Zoning Comn ssion Minutes Hearing Date: November 14, 2001 0 ANNEXATION: Mr. Brent Svenby pr,0661nted the staff report, dated NOVE staff report is on at the Rochester -Olmsted Planning 7, 2001, to the Commission. The Ms. Wiegis& moved to recommend approval ot.runy t,oun imnateg Nnnexaiion Ru i c Mr. Sisfer seconded the motion The motlon'carried 80 x PUBLIC HEARINGS: Rochester Urban Service Area Land Use Plan Map Amendment #01-06, by Western Walls, Inc to amend the Plan from "Medium Density Residential" to "Commercial" on 2.69 acres. The property is located along the north side of 2 no Street and along the west side of 23` Avenue SW The property is identified for residential commercial uses on the General Development Plan known as Grandville at Cascade Lake. AND Zoning District Amendment # 01-13 by Western Walls Inc to rezone approximately 2.69 acres from the B-5 (Residential Commercial) District to the B-4 (General Commercial) �C]Gil District The property is located along the north side of 2"° Street and along the west side of 23` Avenue SW The property is identified for residential commercial uses on the General Development Plan known as Grandville at Cascade Lake. MED Amendment to General Development Plan 0155 by Western Walls, Inc. known as Grandville at Cascade Lake The proposed amendment is the change the commercial use in the southeast corner of the development The approved plan allows for residential commercial uses. The petitioner wishes to amend the plan to identify the corner as being developed with uses permitted in the B-4 zoning district with a intensity of use 174 Page 6 City Planning and Zoning Commission Minutes Hearing Date: November 14, 2001 (� Mr. Brent Svenby presented the staff reports, each dated November 9, 2001, to the Commission. The staff reports are on file at the Rochester -Olmsted Planning Department. Discussion ensued regarding what types of uses are permitted in the B-5 zoning district. Mr. Quinn asked which type of uses would be permitted for the site in question in the B-5 zoning district. Mr. Svenby responded a medical facility, nursing home, daycare facility, and funeral home. Ms. Wiesner asked how the Shorewood development was zoned B-4, when it had a controlled access off of 2"d Street. Mr. Svenby responded that the property was rezoned in 1997 and gave a brief history. He explained that the Shorewood development has an access point onto 2"d Street. He further explained that the Zoning Ordinance had been revised since that rezoning. Ms. Wiesner asked if the City would be responsible for upgrading 23'd Avenue SW. Mr. Svenby responded that he did not know. Mr. Svenby responded that one condition that staff recommended on the general development plan, if the Commission feels the criteria is met, is that the applicant would need to amend the Development Agreement to include language on the improvements that would be required to 23`d Avenue SW. Ms. Wiesner asked if staff would have a different opinion on the proposal if the petitioner were to work with Public Works on the Development Agreement and the street were widened. Mr. Svenby responded that the proposal still would not meet the criteria for a land use plan amendment with regard to access. Mr. Quinn asked how large the parking lot would be. Mr. Svenby responded that it would hold approximately 200 cars. Ms. Petersson stated that the parking lot would make a larger impact than retail. Mr. Svenby explained that collector roads do not end in parking lots. Discussion ensued regarding uses allowed in the B-4 zoning district. The applicant's representative, Ms. Julie Leisen of 604 11th Avenue, Rochester MN, addressed the Commission. She explained that, when the property (Shorewood) was rezoned in 1997, it was done under the Land Use Plan adopted in 1978, which she explained is still in affect now. She handed out previous minutes of the City Planning and Zoning Commission dated July 9, 1997 and exhibit describing the restrictive covenants. Page 7 i is City Planning and Zoning Commission Minutes Hearing Date: November 14, 2001 Ms. Leisen stated that the City Planning and Zoning Commission minutes of July 9, 1997 state "when the land development manual was drafted, it was not the intention that they never have commercial on the middle of the block." It was further stated by Ms. Goslee that "Mr. Wheeler has mentioned this to Jeff Ellerbusch, who is handling the land use plan update, as a locational criteria that should be dropped." She stated that the locational criteria was never reviewed and dropped as was indicated. Ms. Leisen showed a map of the area and its current zoning. She explained that the proposed zone change is in relationship with what is currently zoned around it. Ms. Leisen stated that 23 d Avenue has a 66-foot right-of-way and is 36 feet wide. Therefore, it is already a larger street than what is normal for a residential area. She indicated that it was built with the intention of carrying commercial traffic. Ms. Leisen asked where the traffic counts came from. She stated that the level of service is fine, until the townhome development and parking lot traffic is considered. Ms. Leisen questioned the setback requirement of the access opening onto 23rd Avenue from the intersection of 2"d Street. Ms. Leisen stated that the Land Development Manual states streets get classified by the zoning administration in consultation with the City engineer. She questioned if the street was accurately described as a local street. She stated that Mr. Reiter showed both a signaled and non -signaled intersection. She also explained that, if a site is in the CIP, they could proceed as if it is there. She indicated that she knows that money has been collected to put in the signal. Ms. Leisen stated that the applicant does not have a problem revising the Development Agreement. However, to gain permission to change the Development Agreement, they would need to have approval for the zone change. Ms. Leisen stated that staff has mainly given that the land use plan amendment should be denied because it is not on an intersection of higher level streets. She explained that it is not good to limit it only to intersections, as per stated in the July 9, 1997 City Planning and Zoning Commission minutes. She stated that there are already commercial uses on the same road that are on low class intersections. Ms. Leisen stated that the east side of 2"d Street, east of 23'd Avenue, has a 100-foot right-of- way. This street is currently built with 5 lanes. The west side of 23`d Avenue was built as a 4 lane because it was a county road. However, they have acquired 100 feet right-of-way for the west side of 2"d Street which enables the left turn lane and same width of street that is built to the east of 23rd Avenue. Mr. Quinn stated that the intent is go from 23`d Avenue SW to West Circle Drive. Mr. Quinn stated that Mr. Reiter is stating that the roadway needs to be even wider so that there is a right -in right -out situation. This would enable people to slow down to make a right hand turn to the park or, if coming south on 23 d Avenue, to be able to enter in and accelerate in a lane going west onto 2"d Street. Ms. Wiesner questioned the reasoning of having a right turn lane into a lower hierarchy street. Page 8 • / ' City Planning and Zoning Com ston Minutes Hearing Date: November 14, 2001 Discussion ensued regarding the reasons for having a wider roadway. Ms. Leisen asked that all three applications be approved as the roadway is designed for more than a local street. Ms. Rivas asked if the entrance to Grandville on 2nd Street would be signalized. Ms. Leisen responded no. Ms. Rivas asked what the distance was from the entrance to the commercial parcel and the frontage road running east -west. Ms. Leisen responded that she did not know. Ms. Rivas asked Ms. Leisen if the applicant had given thought to appearance standards so that it may blend more with the appearance of the Shorewood complex and the Mayo Credit Union. Ms. Leisen responded that there isn't anything in place right now. Mr. Robert DeWitz, of 604 11'h Avenue NW, Rochester MN, addressed the Commission. He stated that, when he was on the Commission, the road classifications would be reviewed and changed because the intent was not disallow commercial in the middle of the block. Ms. Rivas asked Mr. DeWitz if he was concerned about being responsible for the necessary roadway improvements cost if the zone change is approved. To her, the roadway needs to be improved either way. Mr. DeWitz responded that he has already given up right-of-way. However, he believes it can all be worked out with the City. Mr. Svenby gave the history of the commercial uses along 2"d Street. He explained that the commercial uses shown on the land use plan adopted in 1978 were designated as such since the uses were already there. Therefore, some of the properties do not meet the locational criteria that were adopted with the Land Use Plan. Discussion ensued regarding Mr. Reiter's tables on page E13 of the staff report. Mr. Svenby indicated that the Commission would need to make findings if they were to approve the three requests. With no one else wishing to be heard, Ms. Petersson closed the public hearing. Mr. Staver asked if she was stating that the road would become a higher service level road. Therefore, the criteria would indicate that it would be located at an intersection of a higher -level street. Page 9 j City Planning and Zoning Commission Minutes • Hearin. Date: November 14, 2001 Ms. Wiesner responded yes. Mr. Slaver stated that it has flat terrain, good vehicular and pedestrian access. Mr. Burke seconded the motion. The motion carried 7-1 with Mr. Quinn voting na = Mr. Burke moved to recommend approval of Zoning District Amendment #_01 13 b Western Walls, Inc. based on the findings of the Land Use Plan Amendment and t11- lat`t upgrade of 23Id Avenue will reflect the requirements by staff that they are:on arr intersection of a collector street Mr. Slaver seconded the motion. The motioncaMe Mr. Svenby stated that the staff -recommended findings neither support approval or denial of the general development plan. Ms. Wiesner moved #155,by Western W. recommended findil 2. which permil 3'° Ave. OTHER BUSINESS: 1. I of as G a point which'alial Mr. Brent Svenby presented the staff repA, dated November 1, 2001, to the Commission. The staff report is on file at the Rochester-Oynskd Planning Department. Construction 507 282-7380 De" "z Co P•6 / -Mar 20 01 C5=04P 7y✓ EXHIBIT "B" Restrictive Covenant No portion of the Premises shall be used or occupied as a movie theater; theater-, bingo hall; a place of public assembly, except in connection with a restaurant or hotel; automobile repairs (mechanical or otherwise); bowling alley; sales or automobiles or other vehicles; street bar serving alcoholic beverages, except in connection with a restaurant or hotel; massage parlor, discotheque; dance hall; tattoo parlors; skating rink; off track betting establishment; amusement or game room, except in connection with a restaurant or hotel; so-called "flea market'; for industrial purposes; private or public nail facility; check cashing store; pool room; so-called "head shops"; night club; nothing herein shall prohibit Purchaser from presenting classes and demonstrations within the related to or use of any products sold from the Premises so long as some are incidental to Purchaser's primary retail use; gun range or gun shop; or use which ;mits offensive odors, fumes, dust or vapors, is a public or private nuisance, emits loud ;noise or sounds which are objectionable, except under controlled situations such as with a gas station; creates fire, explosive or other hazard, except under controlled situations such as with a gas station; warehouse, except as incidental to a retail business; adult bock store or store selling or exhibiting pornographic materials. If the City of Rochester agrees to a rezoning to B4 designation, the Seller would add funeral parlors to the iiv of restrictions. City Planning and Zoning Wission Minutes • Hearing Dave: July 9, 199 Ms. Goslee explained that the applicant is Mathy Construction Company and the property is located along the north side of 2nd Street SW, west of the West Zumbro Addition and east of 23rd Avenue SW. Mr. DeWitz pointed out that Mathy Construction Company purchases sand from his mining operation, and stated that does not constitute a conflict of interest. Ms. Goslee explained that the petitioner is requesting to amend the land use plan designation from "low -density residentiar to the "medium -density residential' (11.52 acres) and "commercial' (6.9 acres). The northern portion of the property would be the residential and the commercial along 2nd Street SW. Two single family homes are now located on the property, which was also the site of a driving range. The property is designated for "low -density residentiar types of uses on the Rochester Urban Service Area Land Use Plan and is proposed to be used for medium -density residential development and a neighborhood shopping center. Ms. Goslee explained the adjacent land uses and went over the transportation access, stating that the property has frontage on 2nd Street SW, which is labeled as an arterial street on the ROCOG Currently Held Valid Thoroughfare Plan. The applicant, is proposing to channel traffic through an internal driveway system leading off of an extension of 23rd Avenue SW at its intersection with 2nd Street SW. This extension of 23rd Avenue SW is also proposed to be used as a haul road for the mining operation. Ms. Goslee presented and explained a zoning map of the area. She pointed out that many of the properties that front along this stretch of 2nd Street SW are currently zoned and designated on the land use plan for commercial purposes, with the exception of the Brink's property. The other properties fronting along 2nd Street SW are primarily used for multiple family residential uses, as well as a mobile home park. The neighborhood that is found to the east of the proposed medium -density residential location is zoned a mixture of R-1 and R-2 zones used primarily for single family residences. Ms. Goslee went over the locational criteria and staff -suggested findings, as contained in the staff report. She noted that Staff recommends approval as submitted. Ms. Goslee commented that the area directly to the east of the proposed site never got redesignated on the land use plan as far as commercial. At some date, the Commission may want to initiate that change so the appropriate land use designation for that area is carried throughout that stretch of 2nd Street. Mr. DeWitt commented that when the land development manual was drafted, it was not the intention that they never have commercial on the middle of the block. He stated that should be brought up under "other business' to change that. Ms. Goslee explained that Mr. Wheeler has mentioned this to Jeff Ellerbusch, who is handling the land use plan update, as a locational criteria that should be dropped. Dan Berndt of the Dunlap and Seeger Law Office, 505 Marquette Bank Building, addressed the Commission. He stated that Mr. Steve Beech of Mathy Construction and Mr. Bill Tointon of McGhie and Betts are here also. He stated there are two pieces, each containing a house, within the proposed B-4 designation, that are owned by other individuals, Mrs. Wheelock and Mrs. Maxon. They have both signed the petitions for the land use plan and zone change. �-' City Planning and Zoning Cc ssion Minutes Hearing Date: July 9, 1997 - e� the needs of the population area. Mr. Bellinger pointed out that, conceptually, he likes the ✓r project. ti ts� CU Ms. Goslee added that later on in the land use plan amendment they discuss the concept of 1 frontage roads. In a way, this concerna ptual intel driveway system leading to 2nd Street SW isty y serving that purpose. It may not be called a frontage road, but is acting as that collector street. Ms. Baker clarified that the Commission needs to vote on the land use plan amendment first, otherwise the zoning wouldn't comply with the amendment. Mr. Patterson withdrew his earlier motion. Type III Phase 11 Land Subdivision Permit (Preliminary Plat) # e7 22 by Michael Yo nge to be known as Lincolnshire North Serond Subdivision consisting of 13.87 acres to be developed into 38 Iota forsingle family residential development The prooecy is located south of 48th Street NW west of 31 t Avenue NW ton the northern edges of the Lincolnshire and Arborglen Subdivisions), Ms. Goslee presented the staff report, dated July 2, 1997, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Ms. Goslee explained that the applicant is Michael Younge and the consutting firm is Yaggy Colby Associates. She indicated there are a number of referral comments in the packet. Ms. Goslee pointed out the location on a map of the Arboretum General Development Plan and explained that this development consists of 13.87 acres to be subdivided into 38 single family residential lots. The plat dedicates right-of-way for two streets, which Ms. Goslee outlined. In reference to utilities, Ms. Goslee stated that water service and sanitary sewer will extend from existing lines located in 35th Avenue NW and run down both proposed streets. An additional existing water line located in a 20' utility easement to the east of this plat will extend along the unnamed cul-de-sac. An existing 18' storm sewer fine win extend north through plat along 35th Avenue NW. The property generally drains in a southerly to northerly direction. Ms. Goslee noted that in the original general development plan, parts were noted as being REQUEST FOR COUNCIL ACTION MEETING DATE: 12-17-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS — Continued Item PLANNING _ I . DESCRIPTION: Zoning District Amendment # 01-13 by Western Walls, Inc. to rezone PREPARED BY: approximately 2.69 acres from the B-5 (Residential Commercial) District to the B-4 (General Brent Svenby, Commercial) District. The property is located along the north side of 2"d Street and along Planner the west side of 23`d Avenue SW. The property is identified for residential commercial uses on the General Development Plan known as Grandville at Cascade Lake. December 13, 2001 City Planning and Zoning Commission Recommendation: The City Planning and Zoning Commission held a public hearing on November 14, 2001 to consider this zone change. The Commission also reviewed a Land Use Plan Amendment and GDP amendment for the property. The Commission reviewed the zone change request based on the criteria as included in the staff report and recommended approval, with the following findings. Motion by Mr. Burke, seconded by Mr. Staver to recommend approval Zoning District Amendment #01-13, with the following findings. Motion carried 8-0. f. The Rochester Urban Service Area Land Use Plan designates this property as appropriate for "medium density residential' types of uses. A Land Use Plan amendment is being considered concurrent with this application. If the Land Use Plan amendment from "medium density residential" to "commercial' is approved, zoning the 2.69 acres of land to B-4 (General Commercial) would be consistent with a "commercial' land use designation. Z The B-4 zoning district allows a wide variety of uses, ranging from day care facilities to convenience retail which includes gas stations. Uses in the B-4 zoning district have specific site location requirements. Certain types of uses are found to be acceptable within given zoning districts only at certain sites which exhibit locational characteristics unique to the needs of the given use or sites which are less desirable to develop and thus are granted more latitude in development options, or which, while being compatible with the predominant land uses permitted in the underlying zoning district, have traffic generation characteristics of a different nature which require special consideration in locating the use. The purpose of the site location requirement is to identify those locational restrictions necessary for certain types ofpermitted uses which will insure their compatibility with surrounding land uses. Some of the uses permitted in the B-4 district would not be able to be located at this site because the site location requirement would not be met. With the upgrade of 2P Avenue SW that needs to occur for the park system and other development in the area, the property will have adequate access to support commercial uses at this location. 3. The amendment to B-4 would be consistent with the Rochester Urban Service Area Land Use Plan, if the Land Use Plan Amendment which is being considered concurrently is approved, and would not be considered spot zoning. J Cn� CPOC n, J� 8 Planning Staff Recommendation: Lv-PA See attached staff report dated November 9, 2001. . uUNCIL ACTION: Motion By: Seconded By: Action: Page 2 RCA December 13, 2001 Council Action Needed: If the Council wishes to proceed with the zone change as petitioned, it should instruct the City Attorney to prepare an ordinance that can be adopted supported by findings of fact and conclusions of law to amend the Zoning District. Attachments: 1. Staff Report dated November 9, 2001 2. Minutes of the November 14, 2001 CPZC Meeting are attached to the LUPA RCA Distribution: 1. City Clerk 1. City Administrator 2. City Attorney: Legal Description attached 3. Planning Department File 4, Applicant: This item will be considered sometime after 7:00 p.m. on Monday, December 17, 2001 in the Council/Board Chambers at the Government Center, 151 4th Street SE. 6. McGhie & Bettis, Inc. RO CSTER-OLMSTED PLANNING DEPAxiMENT 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 a a d e* r OF www.clmstedcounty.com/planning TO: City Planning and Zoning Commission FROM: Brent Svenby, Planner DATE: November 9, 2001 RE: Zoning District Amendment # 01-13 by Western Walls, Inc. to rezone approximately 2.69 acres from the B-5 (Residential Commercial) District to the B-4 (General Commercial) District. The property is located along the north side of 2nd Street and along the west side of 23rd Avenue SW. The property is identified for residential commercial uses on the General Development Plan known as Grandville at Cascade Lake. Plannino Department Review: Petitioner: Western Walls, Inc. 604 111h Avenue NW Rochester, MN 55901 Property Owners: City of Rochester C/o City Administration 401 City Hall Rochester, MN 55904 Western Walls, Inc. 604 11`hAve. NW Suite 100 Rochester, MN 55901 Consultant: McGhie & Betts, Inc. 1648 3 d Avenue SE Rochester, MN 55904 Location of Property: The property is located along the north side of 2"d Street SW, west of 23rd Avenue SW and west of the Mayo surface parking lot. Requested Action: The applicant is requesting to rezone 2.69 acres of land from the B-5 (Residential Commercial) to the B-4 (General Commercial). This property was rezoned to the B-5 district in 2000 when GDP #155 was approved. Existing Land Use: The property is currently used by the City of Rochester Park and Recreation Department as soccer fields. Proposed Land Use: The applicant has also filed a Land Use Plan amendment and an amendment to General BUILDING CODE 507/285-8213 - GIS/ADDRESSING/MAPPING 507/285-8232 - HOUSING/HRA 507/285-8224 PLANNING/ZONING 50W285-8232 - WELL/SEPTIC 507/285-8345 FAX 507/287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 • • ZC #01-13 Western Walls Inc. November 9, 2001 Development Plan # 155 known as The Grandville at Cascade Lake to change the commercial designation on 2.69 acres from the residential commercial to general commercial. No specific use is identified on the GDP, however, the proposed highest intensity of use on the property would be equal to that of a convenience retail use. Adjacent Land Use and East: Property to the east, across 23 d Ave., is zoned Zoning: B4 (General Commercial) and R-3 (Medium Density Residential) and includes the Shorewood retail and senior housing development. South: Property to the south, across 2nd Street, is zoned PUD and R-1 (Mixed Single Family). Further to the west is the indoor tennis club which is zoned B- 4 (General Commercial). North: Property to the north which is included in GDP #155 is zoned R-3 (Medium Density Residential) and is proposed to be developed with multi -family dwellings. Beyond the GDP boundary, the property is zoned R-1 and is the location of on -going mining and the future Cascade Lake. West: Property to the west which is included in GDP #155 is zoned R-3 (Medium Density Residential) and is proposed to be developed with multi -family dwellings and a possible fire station. Beyond the GDP boundary, the property is zoned R-1 (Mixed Single Family) district and is the location of the Mayo surface parking facility. Transportation Access: Access to this property will be from 23'd Ave. SW. No access will be permitted to or from 2nd Street SW to the site. It is expected a traffic signal ma dy be warranted in the future, at the intersection of 23' Avenue SW and 2nd Street SW, as development occurs. This location is consistent with general guidelines on signal spacing needed to maintain adequate traffic flow along the 2nd Street SW corridor. A Development Agreement has been executed between the developer and City for the development of this property. The Development Agreement outlines requirements for contribution toward a future traffic signal on 2nd St. SW and reservation of land for 23'd Ave. SW. Please see the traffic analysis prepared by Charlie Reiter regarding transportation issues. Page 3 ZC #01-13 Western Walls Inc. November 9, 2001 Wetlands: Neighborhood Meeting: Referral Comments: A wetland delineation has been carried out for the property and is on file with the Planning Department. A neighborhood meeting was held on October 29, 2001. A summary of the meeting is attached. 1. Charlie Reiter — Senior Transportation Planner 2. Planning Department - Wetlands 3. Rochester Public Works 4. RPU - Water Division 5. RPU - Operations Division 6. Fire Department 7. Olmsted County Public Works Report Attachments: 1. Location Map 2. Area Zoning Map 3. Referral Comments — see GDP report 4. Neighborhood Meeting Summary — see land use plan amendment report Anaiysis for Zoning District Amendment: Under the provisions of Paragraph 60.338 of the Rochester Land Development Manual, the Commission shall recommend for approval and the Council shall approve, an application requesting an amendment to the zoning map if the amendment satisfies the following criteria: 1) The criteria of this subdivision apply to those amendments to the zoning map filed by formal petition. An amendment need only satisfy one of the following criteria: a) The area, as presently zoned, is inconsistent with the policies and goals of the Comprehensive Plan; b) The area was originally zoned erroneously due to a technical or administrative error; c) While both the present and proposed zoning districts are consistent with the Plan, the proposed district better furthers the policies and goals of the Comprehensive Plan as found in Chapters 2 and 3 of the Rochester Urban Service Area Land Use Plan, Chapter 3 of the Housing Plan, and Chapter 10 of the ROCOG Long Range Transportation Plan; or d) The area has changed or is changing to such a degree that it is in the public interest to rezone so as to encourage development or redevelopment of the area. The Rochester Urban Service Area Land Use Plan designates this property as appropriate for "medium density residential" types of uses. A Land Use Plan amendment is being considered concurrent with this application. If the Land Use Plan amendment from "medium density residential" to "commercial' is approved, zoning the 2.69 acres of land toB-4 (General Commercial) would be consistent with a "commercial" land use designation. Page 4 ZC #01-13 Western Walls Inc. November 9. 2001 2) The criteria of this subdivision also apply to those amendments to the zoning map filed by formal petition. However, an amendment must satisfy all of the following criteria: a) the permitted uses allowed within the proposed zoning district will be appropriate on the subject property and compatible with adjacent properties and the neighborhood; and The B-4 zoning district allows a wide variety of uses, ranging from day care facilities to convenience retail which includes gas stations. Uses in the B-4 zoning district have specific site location requirements. Certain types of uses are found to be acceptable within given zoning districts only at certain sites which exhibit locational characteristics unique to the needs of the given use or sites which are less desirable to develop and thus are granted more latitude in development options, or which, while being compatible with the predominant land uses permitted in the underlying zoning district, have traffic generation characteristics of a different nature which require special consideration in locating the use. The purpose of the site location requirement is to identify those locational restrictions necessary for certain types of permitted uses which will insure their compatibility with surrounding land uses. Some of the uses permitted in the B-4 district would not be able to be located at this site because the site location requirement would not be met. According to the GDP submitted with this rezoning petition, the intensity of use would be equal to that of a convenience retail. in reviewing the site location requirement for convenience retail, this site will not meet the location requirement to locate a convenience retail store. b) the proposed amendment does not involve spot zoning. (Spot Zoning involves the reclassification of a single tot or several small lots to a district which is different than that assigned to surrounding properties, for reasons inconsistent with the purposes set forth in this ordinance, the state enabling legislation, or the decisions of courts in this state). The amendment to B-4 would be consistent with the Rochester Urban Service Area Land Use Plan, if the Land Use Plan Amendment which is being considered concurrently is approved, and would not be considered spot zoning. Staff Recommendation: The ability to consider the Zone Change, Land Use Plan Amendment and General Development Plan concurrently allows the City to consider this development proposal as a package. Based upon the accompanying General Development Plan and suggested findings to the criteria for a rezoning, Staff suggests that the findings don't support rezoning the property to the B-4 district. Also, if the Land Use Plan is not approved, the rezoning petition would need to be denied as the zoning would not be consistent with the Land Use Plan designation. The current zoning of the property does allow for some commercial uses. The B-5 zoning requires that purposed development proceed through a type it process which requires approval by the CPZC. Based on the fact that findings can not be made to support criteria a and c, staff recommends denial of the Land Use Plan amendment. 1, ) Minutes of the Neighborhood Informational Meeting for Land Use Plan Amendment and Zone Change on the 2.69-Acre Commercial (B-5) Parcel on Granville In Attendance: See attached attendance list. Purpose: The purpose of the meeting was to explain the application to change the land use to commercial and zone change to B-4 from the B-5 designation on 2.69-acre tract of commercial property in the Granville general development plan. General Discussion: Mr. Tointon of McGhie & Betts, inc., was present and made a brief and informal introduction of the request to change the zoning and land use and to also discuss the development process. Mr. Tointon explained that Western Walls is the applicant. They have current control over the property via the purchase agreement. It was explained that Del American and LeCesse Development originally controlled the commercial lot as a part of their development plan but since the time of approval by the city of Rochester Del American is no longer a part of the development team. When this occurred, Lecesse became uncertain as to how they would develop the commercial component of the site since they are basically residential developers and builders. They did not elect to exercise their option to own this parcel and Western Walls retained ownership through the purchase agreement. The zone change to a B-4 district will allow for a wider variety of uses. Mr. Tointon presented copies of the zoning ordinance relative to the B-4 and B-5 districts for the attendees to review. These sections of the code provided information on allowable uses, intensity of development, and appearance standards. Mr. Tointon noted that the zone change request would be consistent with the character of what has occurred along the 2nd Street corridor as the neighborhood has transitioned from residential uses to commercial. Mr. Tointon presented a rendition of the zoning map and noted all of the various zoning districts along the corridor. It was noted that signalization at 23rd Avenue S.W. will occur in the near future. Some of the previous developments along 2nd Street SW have contributed monetarily towards the construction cost of the signal. Ouestions/Comments Question 1: Mr. Gordon Schwacke who lives in Wimbledon Hills made several comments. He questioned whether the commercial parcel was or had been a part of a larger general plan when it was previously approved in the past and questioned the allowable uses versus the restrictive covenants. • 0 Response 1: Mr. DeWitz responded that the commercial parcel was approved with the general development plan for Granville approximately a year and half ago. The restrictive covenants prohibit certain uses even if they were allowable in the zoning ordinance. These restrictions were placed on the property by Western Walls. Question 2: Mr. Glen Miller who owns property across the street from the site questioned whether or not a billboard could be placed on the site. Response 2: Mr. DeWitz responded that billboards would be controlled by the zoning ordinance. Question 3: Mr. Schwacke questioned what would go on the former soccer fields. Response 3: Mr. Tointon indicated that at this time LeCesse has not designed this phase of the site but indicated that the use would be residential as it is zoned for R-3. Comment 1: Mr. DeWitz briefly explained the condemnation process that was occurring and the tri-party agreement with the City, LeCesse, and Western Walls. Question 4: Mr. Schwacke noted that since he has moved to Wimbledon Hills the traffic on 2nd Street has increased and wondered what measures would be taken to alleviate the situation. Response 4: Mr. Tointon indicated that the city is planning on installing a traffic signal at 23rd Avenue SW in the nearfuture. Traffic from various commercial facilities, such as, Mayo Credit Union, Shorewood, Corporate Gardens, Granville, and the new commercial area could access 2nd Street at the signalized intersection. Comment 2: Mr. Schwacke stated that he recognized this parcel was an infill area. However he is concerned that the 2.69-acre parcel could be split again. Response 2: Mr. DeWitz indicated that it was possible but not probable given the shape and size of the parcel with only one direct access to 23rd Avenue. Mr. Schwacke also indicated that he was concerned with appearance and orientation of structures and parking on the site. Mr. Tointon indicated that whatever final use was planned that a site plan would be developed and formally submitted to the Planning Department and Public Works for review and approval. He also noted that that Land Development Manual contains certain minimum standards and design criteria that must be adhered to when designing the site. Mr. DeWitz noted that most new developments along 2nd Street SW either met or exceeded the minimum standards of the ordinances. There being no other comments or questions Mr. Tointon closed the meeting at 8:20 PM with the notice that the Planning Commission would hold a public hearing on November 14th at the Government Center. The meeting would start at 7:00 PM but the agenda is not available until the Monday before the meeting. R o c h e s t e r M 1 n n e s o t a 1643 TAIm Avenue S.E. Rochester. MN 55904 Tel. 507.289.3919 Fes. 507.269.7333 e-mall. mcghiebens.com Established 1946 Attendance Roll Neighborhood Meeting for Proposed Zone Change to B-4 On 2.69 acre tract By Western Walls Inc. Along 2nd St. SW and 23rd Ave. SW Monday, October 29, 2001 6:30 PM Shorewood Place. Building 2205 NAME ADDRESS bewJz- 0. S PHONE NO./FAX NO. REQUEST FOR COUNCIL ACTION MEETING i) 6- DATE: 12-17-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS - Continued Item PLANNING DESCRIPTION: Amendment to General Development Plan #155 by Western Walls, PREPARED BY: Inc. known as Grandville at Cascade Lake. The proposed amendment is the change the Brent Svenby, commercial use in the southeast corner of the development. The approved plan allows for Planner residential commercial uses. The petitioner wishes to amend the plan to identify the corner as being developed with uses permitted in the B-4 zoning district, with a intensity of use equal to that a of a convenience retail use. The property is located along the north side of 2nd Street and along the west side of 23 d Avenue SW. December 13, 2001 City Planning and Zoning Commission Recommendation_ On November 14, 2001 the City Planning and Zoning Commission reviewed this amendment to the General Development Plan. The applicant's representative, Ms. Julie Leisen, addressed the Commission. She explained the proposed amendment and the rezoning of the Shorewood property (located to the east). The Commission reviewed this proposal according to the criteria listed in Paragraph 61.215 of the Zoning Ordinance and Land Development Manual and based on their recommendation to approve a land use plan amendment and zone change on the property, the Commission recommends approval of the proposed GDP Amendment. Ms. Wiesner made a motion to approve the amendment to General Development Plan #155, known as Grandville at Cascade Lake, with staff -recommended findings and conditions. Mr. Staver seconded the motion. The motion carried 8-0. ditions: 1. The GDP be revised to show: • Controlled access along the entire frontage of 2n6 Street SW and north along 23'd Ave. SW to a point which aligns with the access to the Shorewood development. • Pedestrian facilities be identified along 2nd St. SW and 23'd Ave. SW. • The intensity of use notation on the plan be replaced to say uses permitted in the 8-4 zoning district which meet the site appearance standards for the specific use. 2. This property shall be platted. Controlled access will need to be provided along fd St. SW and 2P Avenue SW. 3. The executed development agreement shall be amended to include to language on the obligation of the applicant relating to the necessary roadways improvements which would be required to accommodate higher commercial uses than what is permitted in the 8-5 zoning district. 4. The previous conditions of approval placed on the General Development Plan still apply to the development. Planning Staff Recommendation: Cpac mi See attached staff report dated November 9, 2001. Council Action Needed: 1. The Council may approve, approve with conditions, or deny the general development plan. The Council must make findings based on the criteria listed in Paragraph 61.215. 7 If the Council wishes to proceed with the general development plan as proposed, it should instruct the City Attorney to prepare a resolution for Council approval. COUNCIL ACTION: Motion by: second by: to: NOTTS, UTH TTIES TFIESA TOSERVE TIRSPRO OSE TO HL PROVIDED BY THE SAME S1TE1'T LL PROPOSED TO SERVE THE REST OF THE ORANDVII-1.E AT CASCADE LAKE DEVEIAPhhII:NN'f. INTENSITY OP Qom' Q7TENSTTY OP USE WEL EQUALTHAT OF A CONVENIENCE RETAIL USE US ACCESS WILL TO THE SrI I3 WE.L BE OFF OF 23.0 AVE. SW AND THE PROPOSED ROAD CONNECTING TEE REST OF THE GRANDVUI.E AT CASCADE LAKE DEVELOPMENT TO 230 AVE 5W.� a •6 GoMM0-4.1A - poire' . 13 pis S 5 tRaWOO >pVel-ofma4T- GENERAL DEVELOPMENT PLAN FOR ..�" COMMERCIAL PARCEL AT GRANDVILLE AT CASCADE LAKE e vsra._ 1 ENc> or FKW-Mann lGtL V = 60' ERN WALLS, INC pMWI )ry JJJ 11TH AVE. Nw ESTER. MN 6•rF • ]01I6/Ol 17V accr m rkr w ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 CC � HT T OF www.olmstedcounty.com/planning TO: City Planning and Zoning Commission FROM: Brent Svenby, Planner DATE: November 9, 2001 IM NO�s��s�*,■� wiffro"MR- Now RE: Amendment to the 2.69 acres located in the Southeast corner of General Development Plan #155 "Grandville at Cascade Lake". Plannina Department Review: Petitioner: Western Walls, Inc. 604 11th Ave. NW, Suite 100 Rochester, MN 55901 Property Owners: City of Rochester C/O City Administration 401 City Hall Rochester, MN 55904 Western Walls, Inc. 604 11th Ave. NW, Suite 100 Rochester, MN 55901 Consultant: McGhie & Betts, Inc. 1648 Third Ave. SE Rochester, MN 55904 Location of Property: The property is located along the north side of 2nd St. SW/Country Club Road, west of the 23rd Ave. SW intersection and the new Shorewood senior housing and commercial development. The Mayo shuttle parking lot is adjacent to the west of the site. Proposed Amendment: The proposed amendment to this approved General Development Plan #155 is only to the 2.69 acres located in the SE corner of the site. The amendment doesn't affect the remainder of the GDP. This application is a major amendment, as referenced in sub -paragraph 61.217(2) of the LDM, requiring reconsideration by the CP&ZC and City Council at public hearings. This amendment to the GDP only pertains to the 2.69 acres zoned B-5 (residential commercial). The remainder of the GDP, which was amended in BUILDING CODE 507/285-8213 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 507/285-6224 .wA1 PLANNING/ZONING 5071285-8232 • WELL/SEPTIC 507/285-8345 FA% 507/287-2275 �ww AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 General Development Plan November 9, 2001 September of this 2001, is not proposed to be changed with this application. Nothing is changing on the residential portion of the property. No specific use is identified on the 2.69 acre parcel. However, the GDP list the intensity of use on the property as that being equal to that of a convenience retail use. The applicant has also petitioned to rezone the property to the B-4 zoning district. In the B-4 zoning district, convenience retail has a site location requirement standard "E". By having a site location requirement "E", the use needs to be located so as not to take access from or channel a majority of the traffic generated by the use onto a limited local or local residential street. Twenty-third Avenue can be classified as a limited local roadway. It is anticipated the 23`d Avenue will eventually end into a parking lot for the Cascade Lake Recreation Area. Thus a convenience retail use would not be permitted at this site. According to the City of Rochester Zoning Ordinance and Land Development Manual the purpose of the site location standard is to identify those locational restrictions necessary for certain types of permitted uses which will insure their compatibility with surrounding uses. Land Use Plan: The Rochester Urban Service Area Land Use Plan was amended last September to designate this property as suitable for "medium density residential' use. This re -designation was approved at the same time as the original GDP. The applicant has filed a Land Use Plan Amendment to change the designation from "medium density residential' to the 'commercial' designation. Zoning: The portion of property which is effected by the application submitted is the property which is presently zoned B-5 (residential commercial). The applicant has filed a rezoning petition to rezone the land from the B-5 zoning district to the B-4 (general commercial) zoning district. The remainder of the property is zoned R-3 (medium density residential). The commercial portion of the project along 2nd Street in the southeast corner of the development is zoned B-5 (residential commercial). These districts were established last year at the time of consideration of the GDP. Streets: The GDP proposes to take access from the public street 23'd Ave. SW. No access will be permitted from 2"d St. SW (CSAH 34). The access from 23`d Ave. SW aligns with the access to the Shorewood development. The GDP also purposes to take Z; / Page 3 General Development Plan November 9, 2001 access to a private roadway within the residential development. Sidewalks: Pedestrian facilities will be required along 2nd St. SW in the form of a 10-foot wide bituminous pedestrian path, as well as typical city sidewalk along 23`d Ave SW. Drainage: According to the submittal, the methodology of storm water detention has not changed in the amended plan. The storm sewer system will collect surface storm drainage and direct it into the two, wet sedimentation ponds proposed in same general locations as shown on the approved plan. The shape of the ponds is slightly different, and as previously noted, still situated to far onto the City land. The wet ponds will drain to Cascade Lake. The previous plan showed four other potential detention areas in Phase it. Detailed grading and drainage plans will also be required when the property is platted or developed. Wetlands: A wetland delineation was previously carried out for the property. No wetlands exist, based on the on -site surveys conducted several years ago. Public Utilities: The purposed amended does change the routes of service for utilities. Services are, or will be, available to serve this property. Parkland Dedication: Since this is a commercial development, there are no parkland dedication requirements. Referral Comments: 1. Rochester Public Works 2. Rochester Park & Recreation 3. RPU Water Division 4. RPU Operations Division 5. Rochester Fire Department 6. Olmsted County Public Works 7. Planning Department - Wetlands B. MnDOT 9. Charlie Reiter — Senior Transportation Planner Report Attachments: 1. Location Map 2. Reduced Copy of Proposed Amended GDP 3. Reduced Copy of the Approved GDP 4. Referral Letters (6) 0 Page 4 General Development Plan November 9, 2001 Analysis: Note: This amendment is only to the 2.69 acres of land located in the SE corner of the development. The remained of the development is not affected by the application. No specific use is identified on the 2.69 acre parcel. However, the GDP list the intensity of use on the property as that being equal to that of a convenience retail use. The applicant has also petitioned to rezone the property to the B-4 zoning district. In the B-4 zoning district, convenience retail has a site location requirement standard "E". By having a site location requirement "E", the use needs to be located so as not to take access from or channel a majority of the traffic generated by the use onto a limited local or local residential street. Twenty-third Avenue can be classified as a limited local roadway. It is anticipated the 23rd Avenue will eventually end into a parking lot for the Cascade Lake Recreation Area. Thus a convenience retail use would not be permitted at this site. According to the City of Rochester Zoning Ordinance and Land Development Manual the purpose of the site location standard is to identify those locational restrictions necessary for certain types of permitted or conditional uses which will insure their compatibility with surrounding uses. The current zoning of the property, B-5 (Residential Commercial), does allow for commercial uses. According to the LDM the B-5 district is intended to provide for limited low intensity business uses that are located within residential areas, but in a manner which buffers the adjacent residential area from the effects of the commercial activities. The majority of the uses permitted in the B-5 zoning district requires approved through a type II conditional use permit. The applicant is a party to an executed Development Agreement for this property which specifies uses allowed in the commercially designated area of this development. The agreement specifies that the commercially designated property is limited to those uses allowed in the B-5 (Residential Commercial) zoning district. If the zoning of the property is changed from the B-5 to the B-4 zoning district, the executed Development Agreement will need to be amended. If the Agreement is not amended, there will be a breach of contract. Criteria & Staff Suggested Findings: Paragraph 61.215 of the Rochester Zoning Ordinance and Land Development Manual lists the Criteria for approval of a general development plan. The criteria and the staff suggested findings are as follows: Criteria A. The proposed land uses are generally in accord with the adopted Comprehensive Plan and zoning map, or that the means for reconciling any differences have been addressed. A GDP may be processed simultaneously with a rezoning or plan amendment request. A Land Use Plan amendment and Zoning District amendment are being considered concurrent with this GDP. if the amendments are approved, the land uses within the B-4 zoning district would be consistent with the land use designation for the property. However, some of the uses permitted in the B-4 zoning district will not be allow on the property because of the site location standards of certain uses will not be met. Page 5 General Development Plan November 9, 2001 Criteria B. The proposed development, including its lot sizes, density, accesses and circulation are compatible with the existing and/or permissible future use of adjacent property. A Land Use Plan amendment and Zoning District amendment are being considered concurrent with this GDP. If the amendments are approved, the land uses within the B-4 zoning district would be consistent with the land use designation for the property. Certain uses within the B-4 zoning district have site location standards, which may not be able to be met for this site. Criteria C. The mix of housing is consistent with adopted Land Use and Housing Plans Not applicable to commercial development. Criteria D. The proposed plan makes provisions for planned capital improvements and streets reflected in the City of Rochester's current 6-Year Capital Improvement Program, adopted Thoroughfare Plan, the ROCOG Long -Range Transportation Plan, Official Maps, and any other public facilities plans adopted by the City. Street system improvements required to accommodate proposed land uses and projected background traffic are compatible with the existing uses and uses shown in the adopted Land Use Plan for the subject and adjacent properties. Currently the traffic control at the intersection of 2nd St. SW and 23rd Ave. SW is a stop sign on the side street approaches to 2nd St. SW. The intersection currently operates at a level of service B. With the additional traffic as assumed in the traffic analysis, the Level of Service for the north approach drops from a Level of Service B to a Level of Service F. This does not meet the standards in the Land Development Manual, which establish Level of Service CID as the threshold for intersection operations. Assuming signalization does occur at the intersection of 2nd St. SW and 2p Ave. SW, the Level of Service for the intersection assuming full build -out of Grandville at Cascade Lake is found to meet standards in the Land Development Manual. However, when other potential development is added, including lands north of Shorewood and a potential parking lot for a future Cascade Lake Recreation Area, the Level of Service for the southbound left turn drops to an E/F, which again fails to meet the standards of the Land Development Manual. The addition of a separate southbound left turn lane would raise the Level of Service to meet the standards of the ordinance. A Development Agreement has been executed between the developer and City for the development of this property. The Development Agreement outlines requirements for the contribution toward a future traffic signal on 2nd St. SW and reservation of land for 23r6 Ave. SW. If the rezoning petition is approved, the development agreement will need to be amended to include to language on the obligation of the applicant relating to the necessary roadways improvements which would be required to accommodate higher commercial uses than what is permitted in the B-5 zoning district. �>y Page 6 • • / �� General Development Plan November 9, 2001 Criteria E. On and off -site public facilities are adequate, or will be adequate if the development is phased in, to serve the properties under consideration and will provide access to adjoining land in a manner that will allow development of those adjoining lands in accord with this ordinance. Street system adequacy shall be based on the street system's ability to safely accommodate trips from existing and planned land uses on the existing and proposed street system without creating safety hazards, generating auto stacking that blocks driveways or intersections, or disrupting traffic flow on any street, as identified in the traffic impact report, if required by Section 61.523(C). Capacity from improvements in the first 3 years of the 6-year CIP shall be included in the assessment of adequacy. Access to this property will be from 23'd Ave. SW, is a limited local street. Currently the traffic control at the intersection of 2"d St. SW and 23'd Ave. SW is a stop sign on the side street approaches to td St. SW. The intersection currently operates at a level of service B. With the additional traffic as assumed in the traffic analysis, the Level of Service for the north approach drops from a Level of Service B to a Level of Service F. This does not meet the standards in the Land Development Manual, which establish Level of Service CID as the threshold for intersection operations. Assuming signalization does occur at the intersection of 2"d St SW and 23'd Ave. SW, the Level of Service for the intersection assuming full build -out of Grandville at Cascade Lake is found to meet standards in the Land Development Manual. However, when other potential development is added, including lands north of Shorewood and a potential parking lot for a future Cascade Lake Recreation Area, the Level of Service for the southbound left turn drops to an E/F, which again fails to meet the standards of the Land Development Manual. The addition of a separate southbound left turn lane would raise the Level of Service to meet the standards of the ordinance. While the Level of Service analysis suggests that the delay and congestion levels with current the addition of a southbound left turn lane and a traffic signal would meet the standards in the ordinance, there is also a safety factor that must be considered when left turn traffic has to share a lane with through traffic under heavy traffic volumes, as occurs on the eastbound approach to the intersection. While the current level of 5-10 left turns during the peak hour does not create a significant level of traffic conflict, the future estimated level of 120-125 left turns sharing the inside of two eastbound lanes with a through movement of 525-550 vehicles per hour will create significant potential for conflict. Based on the findings of the traffic analysis, in order to support the development of higher intensity commercial use improvements to the intersection including a traffic signal and the addition of eastbound and southbound left turn lanes would be warranted. The ability to achieve this intersection design will require expanding the roadway surface in the northwest quadrant of the intersection to provide added width to the west side of north approach and along the north side of 2nd St SW This design will need further detailed engineering analysis before development is Page 7 General Development Plan November 9, 2001 permitted to insure that minimum standards for curves can be met and appropriate lane alignment through the intersection can be maintained. A Development Agreement has been executed between the developer and City for the development of this property. The Development Agreement outlines requirements for the contribution toward a future traffic signal on 2 d St. SW and reservation of land for 23'd Ave. SW. If the rezoning petition is approved, the development agreement will need to be amended to include to language on the obligation of the applicant relating to the necessary roadways improvements which would be required to accommodate higher commercial uses than what is permitted in the B-5 zoning district. 2. Utilities are now available to directly serve the area of the proposed land use, or that the City of Rochester is planning for the extension of utilities to serve the area of the proposed development and such utilities are in the first three years of the City's current 6-Year Capital Improvements Program, or that other arrangements (contractual, development agreement, performance bond, etc.) have been made to ensure that adequate utilities will be available concurrently with development. If needed utilities will not be available concurrent with the proposed development, the applicant for the development approval shall stipulate to a condition that no development will occur and no further development permit will be issued until concurrency has been evidenced. Services are, or will be available to serve this property. This development makes accommodations for construction of a trunkmain sanitary sewer through the site. The City has hired an engineer to design relocation of the existing trunkmain that dissects the future Lake. 3. The adequacy of other public facilities shall be based on the level of service standards in Section 64.130 and the proposed phasing plan for development. Pedestrian facilities will be required along Zd St SW in the form of a 10- foot wide bituminous pedestrian path, as well as typical city sidewalk along 23nd Ave S W. No stormwater management facilities are identified on this portion of the GDP. Stormwater management facilities are identified on the residential portion of the development. Criteria F. The drainage, erosion, and construction in the area can be handled through normal engineering and construction practices, or that, at the time of land subdivision, a more detailed investigation of these matters will be provided to solve unusual problems that have been identified. A storm sewer system will be designed for the site that will collect surface storm drainage and direct this drainage into the wet sedimentation basins that will attempt to clean the runoff before entering Cascade Lake. Detailed grading and drainage plans will also be required when the property is platted or developed. G� Page 8 0 • / General Development Plan ('%17 November 9, 2001 Criteria G. The lot, block, and street layout for all development and the lot density for residential development are consistent with the subdivision design standards contained in Section 64.100 and compatible with existing and planned development of adjacent parcels. Roadway design layout would need to be reviewed in further detailed at the time specific development is purposed to insure that minimum standards for curves can be met and appropriate lane alignment through the intersection can be maintained. At the time a specific use is proposed on the site, the site appearance standards of the LDM will need to be checked to determine if the proposed uses meets the standards of the LDM. A number of uses in the B-4 zoning district have a site location requirement "E". It appears that this site will not accommodate all of the uses listed in the B-4 zoning district. Recommendation: Note: This amendment is only to the 2.69 acres of land located in the 5E corner of the development. The remained of the development is not affected by the application. The previous conditions of approval still apply to the GDP. If the CPZC and Council decide that the 2.69 acre site meets the criteria for B-4 commercial zoning, Staff recommends the following conditions or modifications to assure compliance with the Rochester Zoning Ordinance and Land Development Manual and applicable criteria. i. The GDP be revised to show: Controlled access along the entire frontage of 2"d Street SW and north along 23 d Ave. SW to a point which aligns with the access to the Shorewood development. Pedestrian facilities be identified along 2"d St. SW and 23"d Ave. SW. The intensity of use notation on the plan be replaced to say uses permitted in the B-4 zoning district which meet the site appearance standards for the specific use. 2. This property shall be platted. Controlled access will need to be provided along 2"d St. SW and 23'd Avenue SW. 3. The executed development agreement shall be amended to include to language on the obligation of the applicant relating to the necessary roadways improvements which would be required to accommodate higher commercial uses than what is permitted in the B-S zoning district. 4. The previous conditions of approval placed on the General Development Plan still apply to the development. Rochester -Olmsted Planning Department 2122 Campus Drive SE — Suite 100 Rochester, MN 55904-4744 (507)285-8232 MEMORANDUM TO: City Planning & Zoning Commission / City Council FROM: Charles Reiter Senior Transportation Planner DATE: November 7, 2001 RE: Amendment to GDP #155 / Grandville at Cascade Lake Commercial Center The proposed amendment is for change in zoning for 2.69 acres of land from B-5 (Residential Commercial) to B-4 (General Commercial). In order to assess the impact of this rezoning on the street system in the vicinity of the site staff completed a Traffic Impact Analysis focusing on the operation of the 2n" St SW / 23" Ave SW intersection. The results of that analysis follow. The current intersection provides for a mixture of geometries on the four approaches to the intersection, as illustrated in Figure 1.On the east side of the intersection there are a total of six full lanes plus a parking/shoulder lane, with two through lanes in each direction, a center lane that serves westbound left rums, and a westbound right turn lane. On the west side of the intersection there are only four lanes (two through lanes in each direction), with a transition area in the center of the pavement that serves to narrow the pavement width from the six lane width east of the intersection to the four lane width west of the intersection. This results in eastbound left turns sharing the inside lane with through traffic on the west approach. The north and south approaches provide one lane in each direction, with the south approach also having extra width as the for parking which can serve to facilitate right toms along -side through or left tam movements. Figure 1 W NORTH t t t lrll]� `i-"I 1. Are. "•lI-I 77 (( jj �',Lumbine8i) IM] "'��Thru/Left C: T urrent Intersection Configuration 23W Ave S L Based on current peak hour traffic, we would estimate that daily traffic on 2"d St is about 10,500 - 11,500 vehicles per day. Currently peak hour volumes on the north and south approaches are very light, as shown in the following peak hour traffic data: SB Right SB Thru SB Left EB Left WB Right EB Thru WB Thru EB Right WB Left NB Left NB Thru NB Right In order to complete the analysis of future traffic operations with development, the following assumptions regarding future land use on the site and in the vicinity that would contribute traffic to 23 d Ave were made: On the site: • Convenience Retail Center with 12 Vehicle Fueling Stations • 4000 Square Foot Video Store • 12,000 Square Feet low intensity retail / office center In the vicinity of the site • Phase I of Grandville at Cascade Lake— 264 mixed townhouse/condo units • Phase II of Grandville at Cascade Lake— 150 mixed townhouse/condo units • Land north of Shorewood — 54 townhouse units • 200 space parking lot for Cascade Lake Recreation Area The traffic impact of the development associated with Grandville at Cascade Lake (residential and commercial areas) during the PM Peak Hour is estimated to be as follows: SB Right SB Thru SB Left EB Left WB Right EB Thru WB Thru EB Right WB Left NB Left NB Thru NB Right The impact of the additional traffic generated by the Grandville at Cascade Lake development was analyzed based on current traffic control at the intersection, which is stop sign control on the side street W approaches to 2nd St. With the additional traffic, the Level of Service' for the north approach drops from a Level of Service B to a Level of Service F. This does not meet the standards in the Land Development Manual, which establish Level of Service C/D as the threshold for intersection operations. We next analyzed Level of Service assuming traffic signalization at the intersection. Assuming signalization does occur, the Level of Service for the intersection assuming full build -out of Grandville at Cascade Lake is found to meet standards in the Land Development Manual. However, when other potential development is added, including lands north of Shorewood and a potential parking lot for a future Cascade Lake Recreation Area, the Level of Service for the southbound left turn drops to an E/F, which again fails to meet the standards of the Land Development Manual. The addition of a separate southbound left turn lane would raise the Level of Service to meet the standards of the ordinance. While the Level of Service analysis suggests that the delay and congestion levels with current the addition of a southbound left turn lane and a traffic signal would meet the standards in the ordinance, there is also a safety factor that must be considered when left turn traffic has to share a lane with through traffic under heavy traffic volumes, as occurs on the eastbound approach to the intersection. While the current level of 5-10 left turns during the peak hour does not create a significant level of traffic conflict, the future estimated level of 120-125 left turns sharing the inside of two eastbound lanes with a through movement of 525-550 vehicles per hour will create significant potential for conflict. The following chart illustrates commonly accepted thresholds for when a left turn lane should be provided, with the projected conditions at this intersection (marked with an X) indicating that a separate left turn lane should be provided. ?t� Values falling above the curves indicate that a left turn lane should be provided 1 344 Veh per lane estimated r 10 20 30 40 50 f Advancing volume - Left-Tum Volume (Design Hour Volumes) x naninet of through lanes in t See Attachment A for a description of Level of Service ratings A through F . 122 Left Turns Estimated %/ Based on the findings of this analysis, in order to support the development of higher intensity commercial use such as a convenience store and some associated retail/office use on the site, improvements to the intersection including a traffic signal and the addition of eastbound and southbound left turn lanes would be warranted. Figure 2 illustrates the ultimate layout of the intersection that is recommended if higher intensity retail use is proposed for the site: Figure 2New Thr Thru / Current Right Lune Turn becomes Lane Left Turr' lane 1 New roadway edge -'-. Existing roadway W - edge ��• Add ,Left .............. --''_. .Turn'---- `,lane Intersection Configuration 'to support High Intensity Commercial 23rd1Ave S NORTH t TWCLTL E The ability to achieve this intersection design will require expanding the roadway surface in the northwest quadrant of the intersection to provide added width to the west side of north approach and along the north side of tad St SW. This design will need further detailed engineering analysis before development is permitted to insure that minimum standards for curves can be met and appropriate lane alignment through the intersection can be maintained. It should also be noted that development of the site will also require further analysis of access spacing at the time a site development plan is submitted to determine the adequacy of proposed driveway locations relative to intersection queues and the handling of turns into the site. TABLE3 LEVEL OF SERVICE DESCRIPTION ATTACHMENT A SIGNALIZED INTERSECTION LEVEL UNSIGNALIZED INTERSECTION AVERAGE QUALITATIVEDESCRUPTION STOPPED OF RESERVE IMPACTON DELAY SERVICE CAPACITY MINOR STREET TRAFFIC PER VEHICLE DESIGNATION (PCPH) SECONDS - Good progression with condition of free flaw accompanied by low volumes and high speeds. - Major movements have low percentage of stops. < 5.1 A > 400 Little or no delay • Waiting vehicles will clear on one green phase. - Good progression with traffic moving fairly free, but operating speeds are beginning to be restricted somewhat by traffic. - More vehicle stops will be required than L.O.S.-A. 5.1 - 15.0 B 300 - 399 Short traffic delays - Waiting vehicles still will probably clear on one green phase. - Fair progression with traffic moving smoothly. - The number of vehicles stopping is significant at :vel, although many still pass through without 15.1 - 25.0 C 200 - 299 Average traffic delays ing. - Individual cycle failures (waiting for more than one green) may begin to appear. - Acceptable intersection operation during peak hours. - Congestion becomes noticeable, and traffic is flow with high V/C ratios. approaching unstable 25.1 - 40.0 D 100 - I99 Lang traffic delays - Drivers have little freedom to maneuver. - Many vehicles stop and proportion of vehicles not stopping declines. Individual cycle failures are noticeable. - Poor progression, high volumes, long queues. - At or beyond limit of acceptable delay. - 40.1 - 60.0 E 0.99 Very long traffic delays - Volumes are at, of near, capacity. - Individual cycle failures are frequent - Forced flow operation at low speeds where -1--mes are overcapacity. Volumes exceed capacity of each lane. Extreme delayswith :eptable to drivers with all vehicles stopping. > 60.0 F queuing causes congestion affecting all movements in the - Cycle failures are maximized. intersection V/C - Volume to Capacity. (PCPH) - Passenger Can Per Hour ROCHESTER Ksneeota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DATE: 11/2/01 DEPARTMENT OF PUBLIC WORKS 201 4h Street SE Room 108 Rochester, MN 55904.3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the application for an AMENDMENT to General Development Plan #155 Zone Change #01-13 & Land Use Plan Amendment #01-06 on the Grandville at Cascade Lake (fka — The Grand Reserve at Cascade Lake) property. The following are Public Works comments on the proposal to designate 2.69 acres for B-4 development: The applicant is a party to an executed Development Agreement for this property which specifies uses allowed in the commercially designated area of this development be limited to those allowed in the B-5 District as defined in the Land Development Manual. Trip generation from a B4 parcel can be significantly greater than from a B-5 parcel. The development of the parcel for a use such as a convenience store / gas station may impact the current street function of 23 a Ave and necessitate the need for access control, widening, turn lanes, and medians to mitigate the impacts of increased peak hour traffic impacts. The proposed LUPA, Zone change, and GDP Amendment are contrary to the agreed upon land use provisions in the executed Agreement, and should not be approved. C:\WINDOWS\Temporary Internet Files\OLKB022\GDP155 AMENDMENT Grandville at Cascade Lake - LUPA01-06 - ZONE01-13.doc s ROCHESTER PARK AND RECREATION Rochester, M1Y DEPARTMENT October 23, 2001 TO: Jennifer Garness Planning RE: Amendment #01-06 Land Use Plan Amendment #01-13 Zoning District Amendment to Grandville at Cascade Lake GDP #155 The 2.69 acres to be re -zoned is currently owned by the City of Rochester. The current use of the property is an unpaved parking lot and soccer fields. The 2.69 acres is included in a land exchange agreement between the applicant, the City and Lecesse Development Corporation. The Park Board has previously recommended approval of the land exchange. The Park and Recreation Department has no concerns / comments regarding the zoning, land use or GDP amendment requests. 11 A October 25. 2001 Jennifer Garness Planning Department Dear Jennifer: PUBLIC WORKS DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-474 5071285-8231 The Public Works Department has reviewed the General Development Plan #155 by Western Walls, Inc. and has the following comments: Access control shall be shown along 2nd St SW (CSAH 34). Sincerely, w� Michael Sheehan County Engineer MTS:ss t:lengindoc\pla nzone.doc 0 �.w+k Administration AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Building Maintenance Surveying and Mapping Engineering Highway Maintenance Parks & Agriculture Solid Waste rpm we pledje, we deliver October 31, 2001 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Amendment to General Development Plan #155 by Western Walls, Inc. known as Grandville at Cascade Lake to change the commercial use in the SE corner from residential commercial to B-4, with an intensity of use equal to that of a convenience retail use. Dear Ms. Gamess: Our review of the referenced general development plan is complete and our comments follow: 1. The Main Level Water System is available for connection on the east side of the site and must be extended through this area to serve the balance of the Grandville development. 2. We will work with the applicant's engineering firm to develop the necessary water system layout to serve this area. Please contact us at 507-280-1600 if you have questions. Very truly yours, 060A koc- Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention McGhie & Betts, Inc. Western Walls, Inc. Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 bftd AL4AAROCHESTER V,* .A"Sejata DATE: October 31, 2001 TO: Jennifer Garness, Planning FROM: Lyle Felsch, Deputy Chief SUBJECT: Zoning District Amendment #01-13, l O�HESTER•1��\ �/� 0. 1 OR.ITE O.a�•.G115T•.•` DAVID A. KAPLER, Chief Rochester Fire Department 201 4th Street SE, Room 10 Rochester, MN 55904-3726 (507)285-8072 FAX #(507)285-8256 Amend. to General Development Plan #155 Urban Service Area Amend #01-06, by Western Walls for property known as Grandville at Cascade Lake, located north of 2ntl Street SW and west of 23r0 Avenue SW. With regard to the above noted general development plan, the fire department has the following requirements: 1. An adequate water supply shall be provided for fire protection including hydrants properly located and installed in accordance with the specifications of the Water Division. Hydrants shall be in place prior to commencing building construction. 2. Streets and roadways shall be as provided in accordance with the fire code, RCO 31 and the Zoning Ordinance and Land Development Manual. Emergency vehicle access roadways shall be serviceable prior to and during building construction. 3. All street, directional and fire lane signs must be in place prior to occupancy of any residential buildings. 4. All buildings are required to display the proper street address number on the building front, which is plainly visible and legible from the street fronting the property. Number size must be a minimum 4" high on contrasting background when located on the building and 3" high if located on a rural mail box at the public road fronting the property. Reflective numbers are recommended. c: Donn Richardson, RPU, Water Division Western Walls, Inc. 604 11`n Avenue NW, Rochester, MN 55901 McGhie Betts, Inc, 1648 3r° Avenue BE, Rochester, MN 55904 REQUEST FOR COUNCIL ACTION MEETING / DATE: 12-17-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PI 1RLIC HEARINGS PLANNING I DESCRIPTION: Final Plat #01-51 by Hartman Farms Inc. to be known as Superior PREPARED BY: Ridge Townhomes CIC 182. The Plat proposes to subdivide 15.22 acres of land into 68 lots Brent Svenby, for a single family attached residential development. The development is proposed to be Planner served by one private roadway. The applicant is also requesting a design modification to Chapter 64 of the Rochester Zoning Ordinance and Land Development Manual to not provide a secondary access for a development that will generate more than 500 average daily trips and to allow a cul-de-sac that will generate more than 300 average daily trips. The property is located along the west side of Superior Drive NW, north of Heritage Place NW. December 12, 2001 Planning Department Review: See attached staff report dated December 12, 2001, recommending approval subject to the following modifications I conditions: 1. The documents assigning long-term maintenance of the common lands shall be recorded concurrent with the final plat documents (mylars). 2. The applicant agrees that the plat will have an impact on the City's needs for parkland and that dedication should be handled in the form outlined in the November 30, 2001 memorandum from the Rochester Park and Recreation Department. 3. The applicant shall receive approval, from the Planning Department Addressing Division, of the name for the private roadway prior to the recording of the flat plat documents (mylars). Staff recommends approval of the design modification. Council Action Needed. 1. A resolution approving the plat can be adopted. 2. The resolution should also include approval or denial of the Design Modification. 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, December 17, 2001 in the Council Chambers at the Rochester / Olmsted County Government Center. 7. Yaggy Colby Associates �.JUNCIL ACTION: Motion by: Second by: to: IN SAM 1 ru c � N rr1 .. aggn $� O e gg r O Y B A ohn�i p gg S nnnp N R �QKU w MN 133tl15 M19L rn. SRA4 -Y-Rx€ha ^9�a F�a:.Ag8 3d$��E'SS_�..R4�e•a-s aFSSFasa,-0 iii �$qq n I-R A yy Ax'aA pp RRA� xa k� g?E'88 Yca �8----- 6g FgE.ga:.c:ia?^:9M^ RGaA -:. �Aa= FSN i_..,."...A-Pax SR- N O N 1+ Y B�® 8g �� O LO't0* .6C.60192 G311VldNI I FROM: DATE: 1p ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 0 0 0 N T V OF www.olmstedcounly.com/planning Rochester Common Council Brent Svenby, Planner December 12, 2001 OF RUCK ESTER..7.. � y iO.. AG" .. "c R'4 TED•AU GUSH'" Final Plat #01-51 to be known as Superior Ridge Townhomes CIC 182 Planninq Department Review: Applicant/Owner: Surveyors/Engineers: Referral Comments: Report Attachments: Plat Data: Hartman Farms, Inc. 2310 Telemark Lane NW Rochester, MN 55901 Yaggy Colby Associates 717 Third Avenue SE Rochester, MN 55904 1. RPU Water Division 2. RPU Operations Division 3. Rochester Public Works 4. Planning Dept. — Addressing 5. Planning Dept. — Wetlands 6. Rochester Building & Safety 1. Referral Comments ( 4 Letters) 2. Location Map 3. Copy of Final Plat Location of Property: This plat is located along the west side of Superior Drive NW and north of Heritage Place NW. Zoning: The property is zoned R-2 (Low Density Residential). Proposed Development: This development proposes to subdivide approximately 15.22 acres of land into 68 lots for a townhome development and one common lot. The applicant has received approval for a site plan for the townhomes. Streets: The plat does not propose dedication of any new public right-of-way. The development has have access to a public roadway, Superior Drive NW. The development will be served by a private roadway. BUILDING CODE 507/285-8213 - GIS/ADDRESSING/MAPPING 507/285-8232 - HOUSING/HRA 5071285-8224 PLANNING20NING 507/285-8232 - WELUSEPTIC 507/285-8345 FAx 507/287-2275 T't�7 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 Superior Ridge Plat December 12, 2001 this plat. Wetlands: The Soil Survey and National Wetland Indicator maps were reviewed for the presence of wetlands. According to the Soil Survey, hydric soils do not exist on this property. Public Utilities: Utilities are available to serve this development. The public improvement plans have been approved of this development. Spillover Parking: Spillover parking requirements were reviewed at the time the performance residential development plan was approved. Parkland Dedication: The Park and Recreation Department recommends that dedication requirements be met via the deferred land dedication (1.66 acres) with land to be dedicated being a part of the 7.5 acre park indicated on the GDP. Dedication of land to occur when the park is accessed by a public street or when the Park Department wished to begin development of the park. General Development Plan: This property is included in the approved Hartman Farms GDP. Staff Review: The applicant is also requesting a design modification to the requirement of Chapter 64 (specifically 64.127 (9) & (10)) of the Rochester Zoning Ordinance and Land Development Manual. Section 64.127 (9) requires that cul-de-sac street serving a single family residential development be designed to serve development that is projected to generate no more than 300 average daily trips. Section 64.127 (10) requires a secondary access be provided for any low density residential development that is projected to generate more than 500 average daily trips. Section 64.127 9) Cul-de-sac, loop, circle and lane streets serving single family or duplex residential development shall be designed to serve development that is projected to generate no more than 300 average daily trips. 10) Secondary access will be required for any low density residential development that is projected to generate more than 500 average daily trips. Where secondary access is not constructed as part of the initial phase of development, the secondary access shall be provided before the City authorizes any construction that would be projected to generate traffic in excess of 1,200 average daily trips. The need for secondary access for non- residential development fronting on a collector or higher order street shall be determined based on a Traffic Impact Study. The development sits a top a ridge with relatively steep slopes surrounding the project boundary. The development consists of 68 townhome units. Each unit is projected to generate 7.5 trips per day which equals approximately 510 total trips per day from the development. This is approximately a 2% increase over the 500 average daily trips that require a secondary access. Since this is a marginal increase, it should not create adverse traffic problems. With the project surrounded by steep slopes, a significant amount of funds would need to be expended to alter the PUM Page 3 ' 3 Superior Ridge Plat December 12, 2001 land to provide for a secondary access. The Public Works Department recommends approval of the design modification due to topographic constraints and proposed interior roadway pattern. Staff would recommend approval of the design modification. Please see the attached excerpts from the LDM which outline the Design Modification provisions Preliminary Plat: This plat does not dedicate right-of-way for any new roadways. A Preliminary plat was not required for this Final Plat. Planning Staff Recommendation: The Planning Staff has reviewed this final plat in accordance with the Rochester Zoning Ordinance and Land Development Manual, and would recommend approval subject to the following conditions or modifications: 1. The documents assigning long-term maintenance of the common lands shall be recorded concurrent with the final plat documents (mylars). 2. The applicant agrees that the plat will have an impact on the City's needs for parkland and that dedication should be handled in the form outlined in the November 30, 2001 memorandum from the Rochester Park and Recreation Department. 3. The applicant shall receive approval, from the Planning Department Addressing Division, of the name for the private roadway prior to the recording of the final plat documents (mylars). Page 4 Superior Ridge Plat December 12. 2001 60.420 DESIGN MODIFICATIONS: It is the intent of this ordinance to recognize that in certain instances it may be in the public interest to provide an expedient method to modify the site design and public facility standards of this ordinance as applied to certain types of development. 60.421 Purpose: The purpose of the design modification is to permit relief from the strict application of ordinance standards where there is no defined hardship, the proposed modifications will not result in identifiable loss of protection to adjacent properties, or where the proposed development results in an improved design solution to a site design problem and in doing so, still meets the intent of the site design or public facility standards. Guidelines are provided for the approval authority to assess the impact of the proposed design modification. This ordinance also provides for certain types of development identified as incentive development and restricted development which, though not consistent with normal zoning district standards, will be permitted in certain instances. These developments are supported by the Land Use Plan, but may necessitate relaxation of certain design standards in order to meet site constraints. Design modifications will be considered as part of the normal review of these developments, subject to standards established in this section. 60.422 Review of Design Modifications: Design modifications will be processed through either the Type I or Type II review procedures, according to the guidelines established in this section. Where a design modification request accompanies a permit or certificate request that requires processing through a Type III review procedure, the request shall be considered by the Commission and Council as part of the Type III review. 60.423 Guidelines for Approval: The following paragraphs identify specific policies or standards for each type of design modification permitted by the Ordinance. The approval authority shall consider these policies or standards in making the findings to approve or deny a request for a design modification. In addition, the following standards shall apply to all requests for Type II Design Modifications: 1) The burden shall be upon the applicant to show the design solution will result in an improved use of land while preserving the purposes for which the original regulation was enacted. 2) Any such modification shall consider the relationship of the development to its surroundings and shall avoid creating any adverse effects due to noise, traffic circulation, building height or bulk or lack of screening. 60.424 Specific Policies: The following paragraphs contain the guidelines applicable to specific types of design modifications which shall be considered by the approval authority. 9) Public Facility Standards: a) Modification to the requirements of Chapter 64 may be approved as part of the review of any General Development Plan, land subdivision permit or final plat where the applicant can show by reason of exceptional topography or any other physical condition that strict compliance with these regulations would cause undue hardship or that such relief would not be a detriment to the public welfare and would not impair the intent and purpose of the regulations. IS1 Rochester -Olmsted Planning Department GISIAddressing Division 2122 Campus Drive SE Rochester, MN 55904.4744 Phone: (507)285-8232 Fax: (507) 287-2275 PLAT REFERRAL RESPONSE DATE: December 6, 2001 TO: Jennifer Garness FROM: Planning Dept. Addressing Staff CC: RE: SUPERIOR RIDGE FINAL PLAT # 01-51 A review of the final plat has turned up the following ADDRESS or ROADWAY related issues: 1. The private roadway accessing the plat has not been given a designation. RECOMMENDATION: Name the private roadway; verify it with our office, and use LANE NW to complete its designation. "•.UI 1 All(\IJH I'l i'l YITA 1(l Ai"d, 11'-il.�t II =1"II IN I1 rIH DUI '.]I K..L-STERZ PARK AND CREATION DEPARTMENT 201 FOURTH STREET SE $( ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: November 30, 2001 TO: Jennifer Garness Planning RE: Superior Ridge Final Plat #01-51 Acreageof plat.......................................................... Number of dwelling units ............................................. Dwelling unit density .................................................. Density factor............................................................ Dedication............................................................... Fair market value of land ............................................. 15.22 a 68 units 4.46 units/a .0244 1.66 a na The Park and Recreation Department recommends that dedication requirements be met via: Deferred land dedication with land to be dedicated being the 7.5 acre park indicated on the Revised Hartman Farm Inc GDP dated 04/09/01, Dedication of land to occur when the park is accessed by public street or when the Park Department wishes to begin development of the park. Applicant: Hartman Farms 2310 Telemark La NW O:\➢ST0TZ\20011DEDICATI0N\NW 2898\SUPERIOR RIDGE.DOC Rn�+hnctor R��ilrlinef � Memo To: Jennifer Gamess, Planning Department From: Randy S. Johnson Date: September 19, 2001 Re: Final Plat #01-51 by Hartman Farms Inc. to be known as Superior Ridge. The Plat proposes to subdivide to subdivide 15.22 acres of land into 68 lots for a single family attached residential development. The property is located along the west side of Superior Drive NW, north of Heritage Place NW. The above referenced Plat appears to indicate new construction that is regulated under the Building Code and will require building permits. Complete plans and specifications are required to be submitted for a building permits prior to construction. The proposed construction appears to consist of attached single-family dwellings (townhomes) on separate lots with property lines between the units. Please verify the following items: Separate utility services (i.e. sewer, water, gas, electric, etc.) are required to be provided to each dwelling unit. The utilities are not permitted to encroach onto or through the adjacent lots. The dwelling units are required to be provided with fire rated walls at property lines in accordance with the 1997 UBC Section 503. Please let me know if you have any questions or concerns. Thank you 0 Page 1 ROCHESTER gg M:� TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DATE: 12/10/01 DEPARTMENT OF PUBLIC WORKS 2010 Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the application for Final Plat #01-51 on the Superior Ridge. The following are Public Works comments on the proposal: 1. A Development Agreement has been executed for this property. 2. Execution of a City -Owner Contract will be required prior to the construction of public watermain and/or the addition of hydrant(s) to serve this property. Charges /fees applicable to the development of this property as addressed in the Development Agreement, and include: Sewer Availability Charge (SAC) @ $1709.89 per developable acre Water Availability Charge (WAC) @ $1709.89 per developable acre Storm Water Management— TBD, if onsite detention is not provided Street Signs as determined by the Traffic Division I Street Name Sign 1 Street Ends Sign 1 Stop Sign C:\Documents and Settings\plajgam%Local Settings\Temporary Internet FIIesQLK2FD\FP01-51 Superior Ridge.doc 0 0 ROCHESTER Minnesota 11/8/01 TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DEPARTMENT OF PUBLIC WORKS 2010 Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the requested design modification for the Superior Ridge Townhomes. Pursuant to Chaper 64.127 a culdesac is intended to serve up to 30 units and a secondary access is needed for development serving more than 500 trips. Based on our review of this project, the development sits atop a ridge with relatively steep slopes surrounding the project boundary. The project consists of 68 townhome units, which will generate less than 500 average daily trips. There does not appear to be any reasonable alternative to provide a secondary access to serve the development unless a significant amount funds were expended to alter the land. The Public Works Department suggests the Owner's pursue a Design Modification as found in 60.424 #9 and further recommends approval of the design modification due to topographic constraints and proposed interior roadway pattern. C:1wINMTProfiles\plabsven\Temporary Internet Files\01-1<931Superior Ridge Design Mod.DOC REQUEST FOR COUNCIL ACTION MEETING `16, DATE: 12-17-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING E �; I DESCRIPTION: Vacation Petition #01-13 by Marigold Foods, LLC, to vacate the PREPARED BY: portion of the alley adjacent to Lots 1 and 19 and the southerly 30 feet of Lots 2 Theresa Fogarty, and 18, Block A of Block A and B in the City of Rochester. The platted right -of- Planner way is east of North Broadway, south of 6th Street NE and west of 1st Avenue NE. December 11, 2001 Planning Department Recommendation: See attached staff report dated November 19, 2001. Staff recommends approval of the vacation petition as submitted. The Planning & Zoning Commission reviewed this vacation request at their November 28, 2001 meeting. The Commission recommended approval of the vacation petition. Ms. Weisner moved to recommend approval of Vacation Petition #01-13 by Marigold Foods, LLC. Mr. Ohly second the motion. The motion carried 9-0. 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 November 19, 2001. 2. Minutes of the CP&ZC November 28, 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, December 17, 2001, in the Council/Board Chambers at the Government Center, 151 4th Street SE, Rochester, MN. 6. Frederikson & Byron PA, Attorneys & Advisors COUNCIL ACTION: Motion by: Second by: to: Net it" -02-2001 12:12cm From-HUGHESBIU( I 6TH nuumnw. MpL. wcn � F.m \D RR SPIKF-1 L- Spratte 10 I ' (p.m.p 15194) If3 I — BLOCK I 9 w.e• R. Rleck 8 (yrcck( ISI93) E. F'raman wr I lPa rceW 7 13191) 1 N .1i I 5 16 1 monen Prop.niaa uw +y� tp..bv 15191) L F} I� 'a 9 5 '. 5 a � S 89'S8'SS" +21493961OS T-947 P.002/002 F-295 1 . t ST. NE. N 89047'24"E 125.00 ® FOr Ds 1JD OCT ......... IRora MONlIMF�.'r amt-(w w 66• _ m(..m.nY... pvw.R 1 1 :. � � • I 12 � I 13 •Kle P\13U'y.wmr .t 11 •fir IS parcel4 i 16 17 'O : L'.'. is I ONO-0-0 ' -n Iw-R1o11DINO Iw.Jaull{..+n.sr (kn. .nu. uN+ 593 h7 Ki ON AU Cl' al yiF(tty Glv 19 rs 00 —_ — S 018-VACATED STH ST. v a: 7 IK1:� Y]-mla(J)WUt;QR]fFJ<� Y� 6 t5 m 9 rEF.TNORTH parcel 3 I_ K I A.Nn 9.5 rE(:T FA r DFPRIOWRTr Ct KR LR g I I 5 t - ----- ---I "�—parcel2 --— � r o:•• 9 BLOCK 64 I W i 4 BLOCKS "A IN NEWS ALSO B IN TO ALSO a NORTHERiQf TO ROCH a W '. I I 2 BLOCK c O "B" CY5-(rula.ln�u t}18R 1 reFT o4rErT SF: 1' IRUN MUN I'MUNI � tOr1 .:Y(111 IIIY..I d e� • 'r7';;4o 1 Jr] O I I C ROCHESTER-OLMSTED PLANNING DEYAxfMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 CC U X T Y O F www.olmstedcounty.com/planning TO: City Planning and Zoning Commission FROM: Theresa Fogarty, Planner DATE: November 19, 2001 RE: Vacation Petition #01-13 by Marigold Foods, LLC to vacate a portion of the alley adjacent to Lots 1 and 19 and the southerly 30 feet of Lots 2 and 18, Block A of Block A and B in the City of Rochester. The platted right-of-way is east of North Broadway, south of 6th Street NE and west of 1st Avenue NE. Planning Department Review: Petitioner(s): Marigold Foods, LLC Attn: Christopher Thorpe, Chief Financial Officer Treasurer 2929 University Avenue SE Minneapolis, MN 55440 Advisors: Fredrikson & Byron PA, Attorneys and Advisors Mrs. Bonnie O,Malley, Senior Paralegal 1100 International Centre 900 Second Avenue South Minneapolis, MN 55402-3397 Reason to Vacate: In February, 1988, the City of Rochester entered into a Land Sale and Development Contract with Marigold Foods. As part of that agreement, the City agreed to vacate the public right-of-way to permit the development of the Project. Referral Comments: Report Attachments: Staff Recommendation: It has been recently discovered Marigold Foods constructed the building encroaching over the portion of the alley requested to be vacated. No comments received. 1. Vacation Petition 2. Location Map Staff didn't receive any objections to this vacation request. It doesn't appear that vacating this portion of the alley, requested by the applicant will have an adverse effect. Therefore, staff recommends approving this vacation petition, as submitted. BUILDING CODE 507/285-8213 • GISIADDRESSINGIMAPPING 5071285-8232 • HOUSING/HRA 5071285-8224 PLANNING20NING 507/285-8232 • WELUSEPTIC 507/285-8345 FAX 507/287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER . „ . • City of Rochester, Minnesota • �� Date: October 17, 2001 To: Mayor and Common Council City Hall City of Rochester, Minnesota Petition to Vacate Public Right -of -Way or Utility Easement We, the undersigned, are the owners of the following described property located within the city of Rochester, Minnesota, and we constitute 50% or more of the owners of the property on the line of the public property herein described to be vacated: (Describe here or attach a separate list showing the legal description and full ownership of each adjoining parcel.) Owners Name (If in joint tenancy, both or all parties must sign) Lenal Description Marigold Foods, LLC, a Delaware limited See attached Exhibit A liability company We hereby petition the Common Council of the City of Rochester, Minnesota, to vacate the following described public property: See attached Exhibit B The facts and reasons for such vacation are as follows: 1 On February 25, 1988 the City of Rochester entered into that certain Land Sale and Development Contract with Marigold Foods, Inc. with respect to property within Blocks 61 and 64 of the Original Plat of the Town of Rochester and also part of Block A of New Subdivision. As part of that agreement, the City agreed to vacate the public right—of—way to permit the development of the Project. 2 In reliance on the Land Sale and Development Contract with the City of Rochester, Marigold Foods constructed its building which we have recently discovered encroaches over the portion of the alley requested to be vacated as shown .on the -attached raw ng. 13 F. 91920-9e Page 1 of 2 4. Your Petitioner respectfully requests that such instituted as soon as possible. By: Note: In cases where the property is owned in joint tenancy, (Husband and wife, etc.) both owners must sign the petition. State of Minnesota ) Countyof Hennepin )} rA On this E day of October 2001 before me, a Notary Public within Christopher Thorpe, Chief Financial Officer,Treasurer of said County personally appeared Diasigold F--'=, , T r n na1 aware limited liability company —,to me personally known to be the persons described in and who executed the foregoing instrument and acknowledged said to accomplish this vacation be University Ave SE Chrirsfopher Thorpe Chief Financial Officer/Treasurer Signature of Petitioner Address Signature of Petitioner Address Signature of Petitioner Address Signature of Petitioner Address instrument to be (his) R)yj {(il W free act and deed and that the facts set forth therein are true and correct to the best of (his) f t O (Jhvb� knowledge, on behalf of the ompany. Distribution: NANCY L. TORELL �e Notary PuDgC frtlnnesam er comma rakr r.2" zms City Clerk (white copy) Consolidated Planning (canary copy) Petitioner (goldenrod copy) Notary Pubilic, Olmsted County Minnesota �'&,uUN �11 ?V05 Date My Commission Expires Vacating Streets, Alleys, And Utility Easements: Form Number 1 Petition to Vacate Public Right -of -Way or Utility Easement F t M7620.38 Sheet 2 of 2 Revised 3/17180 MINUTES OF THE CITY OF ROCHESTER PLANNING COMMISSION 2122 CAMPUS DRIVE SE — SUITE 100 ROCHESTER MN 55904 Minutes of the regularly scheduled meeting of the City Planning and Zoning Commission held on Wednesday, November 28, 2001, at 7:00 p.m. in the Council/Board Chambers of the Government Center, 151 4th Street SE, Rochester, MN. Members Present: Ms. Mary Petersson, Chair; Mr. Randy Staver, Vice Chair; Mr. John Hodgson; Mr. Michael Quinn; Mr. Paul Ohly; Mr. James Burke; Ms. Lisa Wiesner; Mr. Ardell Brede; and Ms. Leslie Rivas Members Absent: None Staff Present: Mr. Brent Svenby and Ms. Jennifer Garness Other City Staff Present: None ADMINISTRATIVE BUSINESS: Ms. Wiesner made a motion to approve the minutes of November 14, 2001, as written. Mr. Ohly seconded the motion. The minutes from November 14, 2001 were approved unanimously. Mr. Svenby stated that, under Other Business, the Commission should discuss a memo regarding the interpretation of the Zoning Ordinance regarding signs. Ms. Rivas made a motion to approve the agenda, adding a discussion item regarding the interpretation of the Zoning Ordinance regarding signs. Mr. Wiesner seconded the motion. The motion carried unanimously. VACATION PETITION: Mr. Brent Svenby presented the staff report, dated November 19, 2001, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Ms. Wiesner moved to recommend approval of Vacation Petition 401-13 by Marigold Foods LLC. Mr. Ohly seconded the motion. The motion carried 9-0. OTHER BUSINESS: 1. Proposed findings for the following: Rochester Urban Service Area Land Use Plan Map Amendment #01-06 by Western Walls, Inc. REQUEST FOR COUNCIL ACTION MEETING DATE: 12/17/01 AGFNDA SECTION: ORIGINATING ❑EPT: ITFM NO. PUBLIC HEARINGS Public Works G /% i t rM DESCRIPTION: Hearing: Sanitary Sewer and Watermain to Serve the Southtown Heights Subdivision Area, J9791 PREPARED BY: J. Loehr This is a Hearing for the City Council to consider the construction of the following local improvement project: Project No. M1-30, J9791 "Sanitary Sewer and Watermain Extension to Serve the Southtown Heights Subdivision Area." The estimated construction costs and expense of this project are as follows: Sanitary Sewer and Watermain $ 895,085 Service Connections 64,615 Sub -Total $ 959,700 Engineering/Interest/Contingencies 287,910 Total Estimated Project Cost $1,247,610 The Southtown Heights Area sewer and water extension project is included in the proposed 2002 Capital Budget. The Southtown Heights Area was annexed by the City of Rochester in 2000. The annexation of the Area was approved by the State Planning Agency in December 2000. The annexation became effective on January 1, 2001. Therefore, an Orderly Annexation Agreement with Rochester Township is not required. The project is proposed to be funded from sewer and water connection charges (Utility Connection Agreements), Sales Tax revenue and future Watermain Connection Charges that will be included in Developer/City-Owner Contract Agreements for new development that will occur in property adjacent to Southtown Heights. COUNCIL ACTION REQUESTED: If the Council wishes to proceed a resolution could be adopted ordering the project to be made. Since the project is petitioned by greater than 50% of the owners of property affected by the project, a simple majority vote of the Council is required for adoption. AKIIPL Attachments: Feasibility Report Location Map COUNCIL ACTION: motion by: Second by: to: REPORT ON THE FEASIBILITY OF PROPOSED LOCAL IMPROVEMENT PROJECT SANITARY SEWER & WATERMAIN TO SERVE THE SOUTHTOWN HEIGHTS SUBDIVISION AREA. November 13, 2001 Honorable Mayor & Common Council City of Rochester, Minnesota A petition for sanitary sewer and watermain to serve the Southtown Heights Subdivision Area was forwarded by the City Council at their meeting of April 19, 1999 to the Public Works Department for the preparation of a Feasibility Report. The petition was checked and found to be in proper form and was signed by 39 of 50 property owners of lots containing a single-family residential dwelling. This represents 78.0 percent of the single-family residential lots within the Southtown Heights Area that are eligible to participate in the City of Rochester, Water Quality Protection Program adopted by the City Council on December 21, 1998. The Southtown Heights Area also includes 6 undeveloped single-family residential lots. Feasibilitv Reoor t We report that the above referenced project is feasible and recommend its construction. The location of this project is within an area of existing single-family residential development that currently lacks public sanitary sewer and watermain. A majority of the septic systems and wells within the Area were constructed prior to the State of Minnesota and Olmsted County having any requirements or standards for construction of septic systems and wells. The lots are typically under %: acre in size and are unable to absorb the nitrates created from the septic systems. There is an increasing threat of contamination to the'City of Rochester's ground water supply as the existing septic systems and wells begin to fail. This project would allow property owners of lots containing existing single-family residential dwellings to connect to public sanitary sewer and water systems rather than replacing their old systems when they fail. This project also allows the undeveloped single-family residential lots to develop with public sewer and watermain The costs of this project are proposed to be recovered through sanitary sewer and watermain connection charges (Utility Connection Agreements), sales tax revenue appropriated to the City of Rochester, Water Quality Protection Program for existing single-family residential lots, and watermain connection charges for a watermain extension from Greystone development through 40 acres of undeveloped property lying between Greystone and Southtown Heights. The proposed project consists of the installation of 8-inch sanitary sewer lines, 8-inch watermain lines, and sewer and water service connections, to serve the Southtown Heights Subdivision Area Public sanitary sewer is currently available in the West Frontage Road of South Broadway at the southeast comer of Southtown Heights. Sanitary sewer will be extended from that location to serve Southtown Heights. Therefore, an extension of trunkline sanitary sewer is not required to serve the Southtown Heights Area. Main level watermain is currently available in the West Frontage Road of South Broadway at the southeast comer of Southtown Heights. This watermain can be extended to serve those Southtown Heights properties located in the main level service area (east 1/2 of Southtown Heights). High. level watermain is currently available in Greystone Subdivision that is located approximately 1300 feet west of Southtown Heights. This watermain must be extended to serve those Southtown Heights properties located in the high-level water service area (west 1/2 of Southtown Heights). This cost can be recovered as connection charges in the future as this 40-acre parcel develops. Applicable Connection Charge Rates and per Lot Cans Since the Southtown Heights Subdivision Area petition was received prior to August 1, 1999, the date that the Water Quality Protection Program rates and per lot caps were adjusted by the change in the Engineering News Record Construction Cost Index as measured in the Minneapolis/St. Paul area during the preceding calendar year, the Department of Public Works recommends that the sanitary sewer and watermain connection charges for this project be based on the connection charge rates and per lot caps in affect at the time the petition was received by the City as follows: Maximum sanitary sewer and water connection charge rate of $66.30 per foot of frontage. • Maximum sewer and water connection charge per lot cap for a developed lot that contains a habitable single family dwelling unit shall be as follows: 1) maximum $8,160 per lot for any developed lot 1/2 acre or less. 2) $8,160 per lot, plus $0.19 per square foot for any developed lot greater than '/2 acre up to 1-1/2 acre. 3) maximum $16,320 per lot for any developed lot 1-1/2 acre or larger. The estimated construction costs and expenses of the project made without completed plans or survey are as follows: Sanitary Sewer and Watermain $ 517,640 High -Level Watermain from Greystone 145,340 Sewer Service Connection Stub -Outs $750 per service x 56 services 42,000 Water Service Connection Stub -out $750 per service x 56 services 42,000 Roadway Restoration, Seed & Sod 428,155 Temporary Neighborhood Access Road 72,475 $1,247,610 The estimated project costs are proposed to be funded as follows: Utility Connection Agreements $ 457,416 Sales Tax Revenue (see below) 644,854 Watermain Connection Charges (new development) 145,340 Estimated Cost of the Project $1,247,610 Amount of sales tax revenue required for the Project: Sales Tax (Rate Cap and per Lot Cap) $ 569,854 Sales Tax (Sewer Service Stub -Out Allowances) 50 services x $750/sery 37,500 Sales Tax (Water Service Stub -Out Allowances) 50 services x $750/sery 37,500 Estimated Amount of Sales Tax Funding Required for Construction of Project $644,854 9 Gf Estimated additional sales tax revenue required for work on private property Of the 56 lots within the project area 50 lots contain a single-family residential dwelling. These lots are eligible for Allowances through the Water Quality Protection Program as follows: Sewer Service Lateral 50 lots x $1,000 per lot $ 50,000 Water Service Lateral 50 lots x $1,000 per lot $ 50,000 Well Closure 50 lots x $1,100 per lot $ 50,000 Septic Closure 50 lots x $ 500 per lot $ 25,000 Private Force 4 lots x $4,000 per lot $ 16,000 Estimated Amount of Sales Tax Revenue Required for Allowances $ 191,000 For Work on Private Property Estimated sales tax revenue required for construction of Project and Allowances Estimated Amount Sales Tax Revenue for Construction of the Project $ 644,854 Estimated Amount of Sales Tax Revenue Required for Allowances $ 191,000 Estimated Amount of Sales Tax Revenue Required for Construction of the Project and $ 835,854 Allowances for Work on Private Property We recommend that the necessary funding to construct sanitary sewer, watermain and service connections in the Southtown Heights Subdivision Area be done so in accordance with the City of Rochester's existing sanitary sewer and watermain connection charge policies and the Water Quality Protection Program. Property owners that desire to participate in the Water Quality Protection Program and the benefits contained therein, are required to: 1. Enter into a Utility Connection Agreement with the City within three (3) years of the date the City initiates the project. 2. Connect the existing single-family residential dwelling to the public sewer and water systems within five (5) years of the date of project initiation. 3. Statement of Annexation: The City of Rochester annexed the Southtown Heights Subdivision Area and other lands in Rochester Township that were 100% surrounded by the City. The Minnesota State Planning Agency approved the annexation in December 2000. The action taken by the State Planning Agency is currently being challenged in District Court by 12 property owners in the surrounded area. In addition the situation with regards to revisions to annexation laws in the legislation session will be uncertain until the session ends. Despite these uncertainties, the staff recommends that the City Council proceed to accept this Feasibility Report and authorize that the project be constructed. The City utility services are badly needed in this subdivision. We remain optimistic about the resolution of the uncertainties. In addition our Utility Connection Agreement language would require the owners to grant the City authority to annex the property in the future, should the State Planning Agency previous decision of the annexation be overturned. for your consideration: Approved: ' " / Protection Program Richard Freese, City Engineer Project BUDGET AND ASSESSMENT SCHEDULE FOR CONSTRUCTION CONTRACT Project No: MI-30 J No: 9791 Date (Orig.) 11/13/2001 Description: Sanitary Sewer & Watermain Extension to Serve Southtown Heights Subdivision Area Construction Sanitary Sewer & Watermain Service Connections High -Level Watermain from Grevstone Subd Roadway Restoration. Seed & Sod Temporary Neighborhood Access Road Construction Cost Engineering/Interest/Contingency Total Construction & Expense Cost Distribution Anticipated Utility Connection Agreements Watermain Connection Charges High Level Watermain from Greystone Future Development Sales Tax Funding TOTAL Make Initial Disbursement from P. I. R. Fund Project Contract Final Budget Cost Cost 959,700 287,910 $1,247,610 644 854 $1,247,610 N / fly I \ \ I y/ I y ol - a'-! SANITARY SEWER do WATER WHKS • a �` '- ";S � - TO SERVE THE SOUTHTOWN AREA REQUEST FOR COUNCIL ACTION MEETING /oz' DATE: 12/17/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. ""DLUTIONS AND ORDINANCE CITY ATTORNEY'S OFFICE G 11 Lv1 DESCRIPTION: PREPARED BY: RESOLUTIONS AND ORDINANCES TER DKINS G. 1. RESOLUTIONS G. 2. FIRST READING OF ORDINANCES, as appropriate. G. 3. SECOND READING OF ORDINANCES (for adoption). y!a a) An Ordinance Rezoning Certain Property From the H District to the M-1 District, and Amending 4�ctl`` Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota. Said Property Located on the East side of East River Road NE;'/4 Mile North of 37th Street NE; Adjacent to the RPU Office Center. b) An Ordinance Annexing to the City of Rochester a Portion of the Southwest Quarter of the Southeast quarter of Section 19, the Southwest Quarter of the Southwest Quarter of Section 20, the Northwest Quarter of Section 29, and the Northeast Quarter of Section 30, Township 107 North, Range 14 West, Olmsted County, Minnesota. Said Property Located on the East and West Sides of 50th Avenue NW; and North of 19th Street NW. c) An Ordinance Creating and Enacting Sections 62.2721, 62.2722 and 62.396, Amending and Reenacting Sections 60.200, 61.115, 62.390 and 62.395, and Repealing Section 62.272 of the Rochester Code of Ordinances Relating to Storage Containers. F� G.4. MISCELLANEOUS pD� VVUNCILACTION: Motion by: Second by: to: