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HomeMy WebLinkAbout07/07/2004_Regular• 0 CITY OF ROCHESTER COUNCIL AGENDA COD CHAMBERS G O r GOVERNMENT CENTER 151 4TH STREET SE MEETING NO: 16' JULY 7, 2004 REGULAR 7:00 P.M. PLEDGE CF ALL.EGUNCE PAGE 1-2 A) OPEN COMMENT PERIOD B) CALL TO ORDER C) LETTERS AND PETITIONS 3-4 D) CONSENT AGENDA/ORGANIZATIONAL BUSINESS 1) Approval of Minutes 5-6 2) Licenses, Bonds & Miscellaneous Activities 7-8 3) Approval of Accounts Payable 9-10 4) Fire Safety/Sprinkler Demonstration House 11-14 5) Promotional Appointment — Motor Operator — Rochester Fire Department 15-18 6) Promotional Appointment — Motor Operator — Rochester Fire Department 19-20 7) FY 2004 Local Law Enforcement Block Grant Program — Application and Acceptance of Funds 21-22 8) Permission to Accept Law Enforcement Grant Funds from Marshall Fields 23-24 9) Advertisement for Bids: Sanitary Sewer and Watermain to Serve the South Frontage Road of TH 14 East, J7726 25-26 10) Reconsider Residential Permit Parking Times, 8 % Avenue NW 200 Block 27-28 11) Advertise for Bids: (J4001) Rocky Creek Stabilization in the Vicinity of Cheval Lane NE 29-30 12) Amended Development Agreement — Bandel North 2"d & 3'd — Big De Development Company, Inc. 31-32 13) Revocable Permit: Independent School District #535 33-34 14) Pedestrian Facilities Agreement and Easement donation — a part of Lot 1, Block 1, J L Replat 35-36 15) Emergency Repair Project: (J6521) Emergency Storm Sewer Reconstruction in 6 h St SW from S. Broadway to 15t Ave SW • Council Agenda Wednesday, July 7, 2004 Page 2 of 3 37-38 16) Owner Contract — Sanitary Sewer Relocation in 1st St NW to accommodate the 1st Ave NW Pedestrian Subway crossing aka Mayo Clinic Project #21302 — J5144 39-40 17) Owner Contract — Sanitary Sewer & Watermain Extension to Northern Reserve along CSAH 22, and construction of Regional Storm Water Pond ZR-A4.4 — J9832 41-42 18) Contribution Agreement — Redeemer Evangelical Lutheran Church U.A.C., Inc. 43-44 19) Revocable Permit: Mayo Clinic Rochester — Eisenberg Tunnel Project -1st Avenue NW and 1st Street NW Right of Way 45-46 20) Development Agreement — Whispering Oaks — Forbrook Bigelow Development LLC 47-48 21) Advertise for Bids, Traffic Signal 5e Street NW at Chateau Road NW, J6004 49-50 22) Establish No Parking; George Gibbs Dr SW 51-52 23) Supplemental Agreement #6: Project #J2269 HWY 63 South/48th St. • and St. Bridget's Road 53-54 24) Establish One -Way Street; Harvest Moon Boulevard NW E) HEARINGS 55-56 1) Continued Hearing on Land Use Plan Amendment #04-02 by Marilyn Kastler to change from low density residential to commercial on property located on 48th Street S.W., west of TH63 and east of the Southern Woods Development. 57-58 2) Continued Hearing on Zoning District Amendment #04-06 by Marilyn Kastler to change the zoning from R-1 to B4 on property located on 48th Street S.W., west of TH63 and east of the Southern Woods Development. 59-60 3) Continued Hearing on General Development Plan #233 to be known as Waterfront Business Park by Marilyn Kastler 61-70 4) Final Plat #03-42 to be known as Century Hills Eighth Subdivision by Payne Company 71-80 5) Final Plat #04-23 to be known as Weidner Subdivision by Bruce Weidner 81-84 6) Utility Vacation Petition #04-09 by 19th Street Business Park West, LLC to vacate a part of the utility easement located along the south side of 191h Street N.W., east of West Circle Drive and west of 32n° Avenue N.W. 85-90 7) Annexation Petition #04-10 by Roger Carlsen and Mike Coats to annex land located along the north side of 19th Street N.W. and east of 50th Avenue N.W. 11 0 0 Council Agenda Wednesday, July 7, 2004 Page 3 of 3 91-94 8) Consider an Amendment to the 2004 CDBG Action Plan to Reallocate Up to $44,300 of Olmsted County HRA Flood Homes Activity for Emergency Rental Housing Payments Due to Loss of Section 8 Assistance Due to Reduction of Federal Funding. F) REPORTS AND RECOMMENDATIONS 95-114 1) Establishment of the Traffic Improvement District Program and Policies 115-118 2) Initiate Amendment to GDP #123 Southern Woods to Identify Access G) RESOLUTIONS AND ORDINANCES 119-120 H) TABLED ITEMS 1) OTHER BUSINESS J) ADJOURNMENT r REQUEST FOR COUNCIL ACTION MEETING DATE: 7/7/04 AGENDASECTION: OPEN COMMENT PERIOD Ah ORIGINATING DEPT: CITY ADMINISTRATOR ITEM NO. A _1W 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 fonun. • Questions posed by a speaker will generally be responded to in writing. • mot` lore � �7 jdlh NCIL ACTION: Motion by. Second b) to: REQUEST FOR COUNCIL ACTION MEETING DATE: 7n104 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY ADMINISTRATOR D-1-24 I DESCRIPTION: APPROVAL OF CONSENT AGENDA ITEMS PREPARED BY: G. NEUMANN This RCA lists all the items which have been included in the consent agenda for this meeting. The Council can approve the items with a single motion to approve. The Council President will allow the Councilmembers an opportunity t whether there are any of these items which you wish to have removed from the consent agenda approval and to have discussed and acted upon separately by the Council. The consent agenda for this meeting consists of the following RCAs: 1) Approval of Minutes 2) Licenses, Bonds & Miscellaneous Activities 3) Approval of Accounts Payable a Fire Safety/Sprinkler Demonstration House 5) Promotional Appointment— Motor Operator— Rochester Fire Department 6) Promotional Appointment— Motor Operator— Rochester Fin: Department 7) FY 2004 Local Law Enforcement Block Grant Program — Application and Acceptance of Funds 8) Permission to Accept Law Enforcement Grant Funds from Marshall Fields 9) . Advertisement for Bids: Sanitary Sewer and Watermain to Serve the South Frontage Road of TH 14 East, J7726 10) Reconsider Residential Permit Parking Times, 8 Yi Avenue NW 200 Block 11) Advertise for Bids: (J4001) Rocky Creek Stabilization in the Vicinity of Cheval Lane NE 12) Amended Development Agreement — Bendel North 2nd & 3`d — Big .De Development Company, Inc. 13) Revocable Permit: Independent School District #535 14) Pedestrian Facilities Agreement and Easement donation — a part of Lot 1, Block 1, J L Replat 15) Emergency Repair Project: (J6521) Emergency Storm Sewer Reconstruction in 6t" St SW from S. Broadway to 1st Ave SW 16) Owner Contract — Sanitary Sewer Relocation in 1st St NW to accommodate the 1st Ave NW Pedestrian Subway crossing aka Mayo Clinic Project #21302 — J5144 17) Owner Contract — Sanitary Sewer & Watermain Extension to Northern Reserve along CSAH 22, and construction of Regional Storm Water Pond ZR-A4.4 — J9832 18) Contribution Agreement — Redeemer Evangelical Lutheran Church U.A.C., Inc. 19) Supplemental Agreement #6: Project #J2269 HWY 63 South/48th St. and St. Bridget's Road 20) Revocable Permit: Mayo Clinic Rochester — Eisenberg Tunnel Project — 1st Avenue NW and 1st Street NW Right of Way COUNCIL ACTION: Motion by: Second by: to: TZ Request for Council Action • Page 2 July 7, 2004 21) Development Agreement —Whispering Oaks — Forbrook Bigelow Development LLC 22) Advertise for Bids, Traffic Signal 55"' Street NW at Chateau Road NW, J6004 23) Establish No Parking; George Gibbs Dr SW 24) Establish One -Way Street; Harvest Moon Boulevard NW COUNCIL ACTION REOUESTED: Motion to approve consent agenda items • is REQUEST FOR COUNCIL ACTION MEETING DATE: 7/7/04 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY CLERK _ ; L. DESCRIPTION: LICENSES, BONDS & MISCELLANEOUS ACTIVITIES PREPARED BY: DONNAJSCHOTT The following licenses, bonds and miscellaneous activities are submitted for the Council's approvals or disapprovals. All are pending departmental approvals, the required insurance, bonds, fees and all outstanding debts with the City of Rochester. BEER —TEMPORARY ON SALE 3.2% Olmsted County Fair PO Box 6607 Rochester, Mn. 55903 County Fair 8/1/04 thru 8/8/04 GAMBLING — TEMPORARY OFF -SITE PREMISE Lourdes Foundation (Circus World Bingo) 621 W Center St Rochester, Mn. 55902 Pull tabs at Ohnsted County Fair Olmsted County Fairgrounds Beer Tent 8/2/04 thru 8/7/04 • GAMBLING —TEMPORARY Bear Creek Longbeards 1005 Golfers Ct SE Rochester, Mn. 55904 Raffle 1/22/05 AT Kahler Hotel 20 2"d Ave SW SEWER & DRAINS Wenzel Mechanical, Inc. 1710 Alexander Rd. Eagan, W. 55121 �NCIL ACTION: Motion by: second by: to: () LICENSES, BONDS AND MISCELLNEOUS CITY ACTIVITIES PAGE 2 JULY 7, 2004 SOUND AMPLIFICATION Gay -Lesbian Community Services 190126`h Ave NW Rochester, Mo. 55901 Annual Pridefest 7117/04 8:00 am to 5:00 PM Central Park Julie Hammes 231016`s Ave NW Rochester, Mn. 55901 Summer Party with Band Bosman Bros 7/10/04 2:00 PM to 7:00 PM Olmsted County Fair PO Box 6607 Rochester, Mn. 55903 County Fair 8/1/04 thru 8/8104 0 • 0 REQUEST FOR COUNCIL ACTION MEETING DATE: 07-07-04 AGENDASECTION: ORIGINATING DEPT: ITEM NO: Letters and Petitions City Clerk D-2 I' DESCRIPTION: ADDENDUM to Licenses, Bonds, Miscellaneous Activities PREPARED BY: Judy Scherr The following additional licenses and submitted for your approval. DANCE —TEMPORARY Benito Olgvin and Guadalype Flores — dance at Graham Arena for Latin Community — July 11, 2004 — 7:00 PM to 1:00 AM MASTER INSTALLER Brian Holsten, Forest Lake, Minnesota SOUND AMPLIFICATION PERMIT First Church, Mobile Home Court, Park Lane (Marion Road) - Kutzky Park - July 10, 2004 OUTDOOR DINING PERMIT - RENEWAL Jaspers Alsatian Bistro, 14 Historic Third Street SW GAMBLING - TEMPORARY OFF -SITE American Legion Post #92 at Bear Creek Park, Highway 14 and Marion Road - Pull tabs on August 22, 2004 GAMBLING - TEMPORARY Church of the Resurrection, 1600 11t" Avenue S.E. — Pull tabs —August 8, 2004 COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 7/7104 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda Finance Department _A DESCRIPTION: PREPARApproval of Accounts Payable Dale Ma Respectfully request a motion to approve the following cash disbursements: Investment purchases of $11,494,575.97 Accounts payable of $1,910,127.46 Total disbursements $13,404,703.43 (Detailed listing of disbursements submitted separately.) • NCIL ACTION: Mouon by Second by. to: REQUEST FOR COUNCIL ACTION MEETING 1 DATE: 7/7/07 1 AGENDA SECTION: Aft Cosent ORIGINATING DEPT: Fire ITEM NO. DESCRIPTION: Fire Safety / Sprinkler Demonstration House PREPARED BY: Jeff Leland Fire Safety / Sprinkler Demonstration House specifications were sent to the 2 companies in the United States who manufacture Fire Safety / Sprinkler Demonstration Houses to obtain bids for the manufacture of a vehicle for the Rochester Fire department. Bids were opened on July 1, 2004 with one vendor responding to our request. • Mobile Concepts by Scotty - $55,422. The Fire Department recommends the City accept the bid of $55,422 from Mobile Concepts by Scotty. COUNCIL ACTION REQUESTED Approval of the bid with Mobile Concepts by Scotty for the purchase of a Fire Safety / Sprinkler Demonstration House and authorize the Mayor and City Clerk to execute any and all documents necessary • in furtherance of this agreement. / O do0 fC `.tc.� - r NCIL ACTION: Motion by: second by: to: Page 1 of 1 Spaeth, Terry From: Leland, Jeff Sent: Thursday, July 01, 2004 3:34 To: Spaeth, Terry Cc: Kapler, David; Felsch, Lyle Subject: RE: RCA on Fire Safety House We have a grant from FEMA to cover 70% of the cost. Our share (30%) will be partially covered by the sale of the old Fire safety house to Owatonna for $10, 000. If my math is correct, the city share of the Fire Safety house will be $16,626 (less the 10,000 from OWT) _ $6,626. I believe Steve K indicated that would be covered by funds remaining from 2003. Hope this helps. Rochester Fire Department Jeff Leland Administrative Services Manager jleland @ cl. rochester. mm us nao me ro your aaaress 000K... ----Original Message— From: Spaeth, Terry Sent: Thursday, July 01, 2004 2:57 PM To: Leland, Jeff Subject: RCA on Fire Safety House Click here to visit our website Rochester Fire Dept. 201 4th St. S.E. Rochester, MN 55904 tel: 507-285-8953 fax: 507-280-4721 mobile: 507-208-6034 Jeff, could you indicate to me what the funding source for the demo house is? I would like to indicate that to the Council. Thanks. Terry A. Spaeth, AICP Administrative Assistant City of Rochester Room 266, City Hall Rochester, MN. 55904 Phone: (507) 285-8082 Fax: (507) 287-7979 E-Mail: tspaeth@ci.rochester.mn.us E • 7r1 i7nnA REQUEST FOR COUNCIL ACTION MEETING DATE: 7/7/04 AGENDA SECTION: Organizational / Consent ORIGINATING DEPT: Human Resources ITEM NO. b M DESCRIPTION: Promotional Appointment - Motor Operator - PREPARED BY: Rochester Fire Department Linda ilsrud The termination of Tom Roetzler, Motor Operator, effective April 26, 2004 created a vacancy for the position of Motor Operator. The Fire Civil Service Commission has submitted the list of eligible candidates for the position of Motor Operator from the established eligibility roster and recommends the appointment of one of the two candidate to the position of Motor Operator. • COUNCIL ACTION REQUESTED: Promotional appointment of Firefighter Rod Steggerda to the position of Motor Operator in the Rochester Fire Department effective July 8, 2004. NCIL ACTION: Motion by. Second by: to: 11 Yv ALLABIERICA MY V,4f June 30, 2004 ROCHESTER ./%/�i.rc✓�e�ata FIRE CIVIL SERVICE COMMISSION NORB RYAN JOE POWERS JOHN WITHERS Honorable Council Members City Council City Hall Rochester, MN 55904 Dear Council Members: l F S'i v r�k�Il�G.a1 �.� J•c•` The termination of Tom Roetzler, Motor Operator, effective April 26, 2004 created a vacancy for the position of Motor Operator. We respectfully request that you make one (1) appointment to the position of Motor Operator from the following list of qualified candidates Rod Steggerda 2. Jeff Drew Fire Chief David Kapler desires to have the appointment effective July 8, 2004. Respectfully Submitted, Joe Powers Secretary Fire Civil Service Commission • • An EqualOpportunity Employer 0 r. June 30, 2004 TO: Fire Civil Service Commission FROM: Fire Chief David Kapler bAL SUBJECT: REQUEST TO PROMOTE no nana ro roach or..., DAVID A. KAPLER Fire Chief • Due to the recent termination of Motor Operator Tom Roetzler, and the. -retirement of Steve Richardt in May, there exists two vacancies in the Motor Operator ranks. I would likelto request the promotion bf two firefighters from the recently certified Motor Operator Eligibility Roster for appointment as soon as possible. Thank you. 201 4th Street SE, Room 10 • Rochester, MN 55904-3726 • (507) 285-8072 • FAX (507) 280-4721 REQUEST FOR COUNCIL ACTION MEETING DATE: 7/7/04 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Organizational / Consent Human Resources M DESCRIPTION: Promotional Appointment - Motor Operator - Rochester Fire Department PREPARED BY: Linda Gi srud The retirement of Steve Richardt, Motor Operator, effective May 31, 2004 created a vacancy for the position of Motor Operator. The Fire Civil Service Commission has submitted the list of eligible candidates for the position of Motor Operator from the established eligibility roster and recommends the appointment of the candidate to the position of Motor Operator. • COUNCIL ACTION REQUESTED: Promotional appointment of Firefighter Jeff Drew to the position of Motor Operator in the Rochester Fire Department effective July 8, 2004. NCIL ACTION: Motion by: second by: to: \`Q h1ftd ALL-AMERICA CRY Vv June 30, 2004 ROCHESTER .�i,�csze�atez FIRE CIVIL SERVICE COMMISSION NORB RYAN JOE POWERS JOHN WITHERS Honorable Council Members City Council City Hall Rochester, MN 55904 Dear Council Members: Ill L• \l bl :I h•' The retirement of Steve Richardt, Motor Operator, effective May 31, 2004 created a vacancy for the position of Motor Operator. We respectfully request that you make one (1) appointment to the position of Motor Operator from the following list of qualified candidates 1. Jeff Drew Fire Chief David Kapler desires to have the appointment effective July 8, 2004. Respectfully Submitted, Joe Powers Secretary Fire Civil Service Commission • • An EqualOpportunity Employer `1 / • June 30, 2004 TO: Fire Civil Service Commission FROM: Fire Chief David Kapler WL SUBJECT: REQUEST TO PROMOTE The hand to reach for.... DAVID A. KAPLER Fire Chief Due to the recent termination of Motor Operator Tom Roetzler, and the retirement Isof Steve Richardt in May, there exists two vacancies in the Motor Operator ranks. I would likeito request the promotion of two firefighters from the recently certified Motor Operator Eligibility Roster for appointment as soon as possible. Thank you. 201 4th Street SE, Room 10 • Rochester, MN 55904-3726 • (507) 285-8072 • FAX (507) 280-4721 REQUEST FOR COUNCIL ACTION MEETING DATE: 717/04 NDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda POLICE b_`"] ITEM DESCRIPTION: FY 2004 LOCAL LAW ENFORCEMENT BLOCK GRANT PREPARED BY: PROGRAM Application and Acceptance of Funds Roger Peterson The Local Law Enforcement Block grant (LLEBG) Program is administered by the Programs Office of the Bureau of Justice Assistance. Each year since 1996, Congress has appropriated funds to continue the program. The purpose of the LLEBG Program is to provide units of government with funds to underwrite projects to reduce crime and improve public safety. The Police Department is eligible to receive a Local Law Enforcement Block Grant in the amount of $17,916. This amount is less than last years amount of approximately $39,500. The Department of Justice has awarded the City this amount, pending final review of use for these funds. The purpose of the grant program is local crime prevention activities. Some of the local requirements for the receipt of the grant area as follows: The City as the grantee is to establish an Advisory Board to make a recommendation for the proposed use of funds. The Advisory Board is required to have representatives from at least the following: local law enforcement agency, local prosecutor's office, local court system, local public school, local non-profit group involved in crime prevention. The Advisory Board members for the grant are: • Chairman — Roger Peterson, Chief of Police Local Prosecutor — Dave Goslee, Deputy City Attorney Local Law Enforcement Representative — Gary Mulleneaux, Police Communications Manager Local Public School System Representative — Liz Jacobson, Dpt of Teaching, Families & Learning Local Court System — Chuck Kjos, Ohnsted County Court Administrator Local Non -Profit Group — Don Dallman, Rochester Ohnsted County Safety Council The City is also required to hold a public hearing to discuss the proposed uses of the funds It is respectfully requested the City match for postage and printing for neighborhood programs in addition to the local cash requirement for the grant which has typically been approximately 10% of the federal funding. It is also respectfully requested that the cash match be authorized from the Contingency Account. COUNCIL ACTION REQUESTED Approval to apply for and acceptanceta FY 2004 DOJ Local Law Enforcement Block Grant. Approval of the cash match from the contingency account. COUNCIL ACTION: Mosonby. Second by: to: REQUEST FOR COUNCIL ACTION MEETING 1 DATE: 7-7-2004 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. isConsent Agenda Police t 8 ITEM DESCRIPTION: PREPARED BY: Permission to accept law enforcement grant funds from Marshall Fields Steven Johnston Marshall Field's has awarded $1,300 to the Rochester Police Department through its Community Law Enforcement Grant Program for the purpose of purchasing digital camera equipment for the Investigations Division. There are no other costs associated with this grant. . COUNCIL ACTION REOUESTED: The Police Department requests a resolution to accept the $1,300 grant for the stated purpose. COUNCIL ACTION: MoBon Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 0/ 7/7/04 AGENDA SECTION: ORIGINATING DEPT: c Works M DESCRIPTION: Advertisement for Bids: Sanitary Sewer and Watermain to Serve PREPARED BY: the South Frontage Road of TH 14 East, J7726 J. Loehr -Al This is a request for a resolution to advertise for bids. The bids will be received until 11:00 AM at the office of the City Clerk on August 3, 2004 and considered by the City Council on August 16, 2004 for the following project: Project No. M4-11. J7726 "Sanitary Sewer and Watermain Extension to Serve the South Frontage Road of TH 14 East from the Knights of Columbus Easterly to the Hundred Acre Woods Development." The project is proposed to be funded from Sanitary Sewer and Watermain Connection Charges (Utility Connection Agreements), future charges to undeveloped land that is located adjacent to the project, Sales Tax Revenue appropriated to the Water Quality Protection Program, and since the south frontage road of TH 14 East has only one frontage that can be charged for sanitary sewer and watermain,'/: of the sewer and watermain cost along TH 14 is proposed to be funded from previously collected Water Availability Charges and Sewer Availability Charges. • COUNCIL ACTION REQUESTED: A resolution should be adopted authorizing the City Clerk to advertise for bids and conduct a bid opening on August 3, 2004 at 11:00 AM. Note to City Clerk: Advertise 3 times in the Post Bulletin and Construction Bulletin beginning July 9, 2004. Attachments: Notice of Bids Project Location Map NCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING 0i DATE: 7-7-04 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. ift CONSENT AGENDA Public Works h I 1 V M DESCRIPTION: Reconsider Residential Permit Parking Times, 8 1/2 Avenue NW PREPARED BY: 200 Block D. Kramer At the June 21, 2004 meeting, the city council approved amendments to RCO 138A pertaining to Residential Permit Parking Zones, along with changing the effective times in zones where the current effective time is only one or two hours at a time. One of the time changes was in Zone 8, on 81/2 Ave NW, from 2nd St to 3'd St. Because of a miscommunication, the city council approved an effective time of 7:00 AM to 3:00 PM Monday through Friday, when it was Councilmember Marcoux's intent that the effective time be 7:00 AM to 3:00 PM School Days. City Attorney Terry Adkins indicates to correct this, the council can reconsider their action. The effective time of 7:00 AM to 3:00 PM School Days would be consistent with the revised ordinance. The current effective time is 7:00 AM to 9:00 AM, School Days. A resident indicated in a phone conversation that their parking problem is due to Lourdes High School students, not downtown employees. • COUNCIL ACTION REQUESTED: Reconsider the city council's June 21, 2004 action to amend the Comprehensive Traffic and Parking Resolution, Section L — Residential Permit Parking, Zone 8, paragraph 2, which was approved as follows (to be effective September 1, 2004): 8 1/2 Ave NW, from 2nd St to Td St, both sides, from 7:00 AM to 3:00 PM, Monday through Friday To instead be approved as: 81/2 Ave NW, from 2nd St to 3`d St, both sides, from 7:00 AM to 3:00 PM, School Days Only. IFUNCIL ACTION: Mahon by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 07/07/04 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works EM DESCRIPTION: ADVERTISE FOR BIDS: (J4001) PREPARED BY: / Rocky Creek Stabilization in the vicinity of Cheval Lane NE [R. .tL Im/ p This is a request for a resolution to advertise for bids for the following project: Proiect: City Project No: SW-M201 (J4001) Rocky Creek Stabilization in the vicinity of Cheval Lane NE Protect Background Residents have reported significant localized channel erosion associated with the Rocky Creek between East River Road and the west line of River Court II Addition. Preliminary evaluation of selected sections of this stream section has been made in the past Significant erosion has occurred and is continuing at an accelerating rate. The proposed project will address the erosion in the noted segment of Rocky Creek between East River Road.and the west line of the subdivision. This project is included in the 2004-2009 Capital Improvement Program (item 12, page 60), funded by Storm Water Utility funds 13 i Llm; COUNCIL ACTION REQUESTED: A resolution should be adopted authorizing the City Clerk to advertise for bids and conduct a bid opening on August 11, 2004 at 11:00 AM. Note to City Clerk: Advertise 3 times in the Post Bulletin and Construction Bulletin beginning July 9, 2004. Attachments: Notice of Bids UNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 7/7/04 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda Public Works M DESCRIPTION: Amended Development Agreement — Bandel North 2 no & 3rd — PR PARED BY: Big De Development Company, Inc. LuT M. NigburA%/4 The Owners of the Big De Development, LLC and the City Staff have had discussions relating to amending the existing Development Agreement. The purpose of the amended agreement is to clarify certain terms of the existing agreement. The Owners also own land not included in the existing agreement that they would like to develop. The amended development agreement shall replace and supercede the terms and conditions of the existing development agreement. Staff recommends the Council approve the Amended Development Agreement. The Owners have executed the Amended Development Agreement. 1 4 r r ; 1! C ` Bandel Road O+edand Drive — ® - Area Added to Agreement Authorize the Mayor and City Clerk to execute the Bendel North 2"d & 3rd Amended Development Agreement with Big De Development Company, LLC. NCIL ACTION: Motion by-. Second Dy: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 7/7104 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works _ L3 ITEM DESCRIPTION: Revocable Permit: Independent School District #535 PREPARED BY: M. Nigbur Independent School District #535 has requested a Revocable Permit to allow the placement of storm sewer across City owned property to address a drainage problem at Churchill School. Independent School District #535 will pay for the construction, repair and maintenance of the new storm sewer. The storm sewer must be at a minimum depth of four feet and cannot have any manholes where it is located through the baseball field on City property. Staff has reviewed the request and would recommend in favor of granting a Revocable Permit. The owners have executed a Revocable Permit which includes the standard language for revocation and liability protection for the City. COUNCIL Authorize the Mayor and City Clerk to execute the Revocable Permit with Independent School District #535 to allow the placement of storm sewer across City owned property. ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION / MEETING DATE: 7/ 04 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works tl�— 14 EM DESCRIPTION: Pedestrian Facilities Agreement and Easement donation — a part PREPARED BY: of Lot 1, Block 1, J L Replat I( M. Nigbur Staff would offer the following Pedestrian Facility Agreement for consideration by the Council: • Daniel and Theresa Penz are the Owners of part of Lot 1, Block 1, J L Replat. The Owners have requested that a Pedestrian Facilities Agreement be approved to address their obligations for providing pedestrian facilities along the frontage of the Property abutting 31ti Avenue SE. • The Owners have also addressed their obligations for the additional right of way along 3nd Avenue SE with the execution of an Easement donating 7 feet of the subject property for right of way purposes. -T- I COUNCIL Adopt a Resolution authorizing the Mayor and City Clerk to execute a Pedestrian Facilities Agreement with Daniel and Theresa Penz and to accept the donated 7 feet of right of way alonq 3 d Avenue SE. COUNCIL ACTION: Motion Second 0 REQUEST FOR COUNCIL ACTION i MEETING DATE: 071 /04 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works b— is ITEM DESCRIPTION: Emergency Repair Project: (J6521) PREPARED BY: Emergency Storm Sewer Reconstruction in 6th St SW from S. Broadway R. Kelm to 1 at Ave SW This is a request for a resolution to adopt the following emergency repair project: Project: City Project No: 6206-3-04 (J6521) Emergency Storm Sewer Reconstruction in 6th St SW from S. Broadway to 1st Ave SW ProiectBackground After the heavy rains in the beginning of June, a storm sewer pipe in the middle of 6"' Street SW between S. Broadway and Is' Ave SW collapsed, creating a large hole in the street. Maintenance crews temporarily patched the street until further review of the cause could be completed. In the middle of June the stone and sanitary utilities in the street were televised to determine the cause of the collapse. The storm sewer line was observed to be a deteriorated Gay pipe laying 10ft deep cutting diagonally across the entire length of the block. The sanitary sewer crosses directly below and was found to be in good enough condition to be repaired by a slip lining process. This is a request to conduct an emergency storm sewer replacement, and street restoration project for that block of 6'" Street SW between Broadway and 1 at Avenue SW. This project will be funded by Storm Water Utility Funds. W W Y 1ii Se(T C kProject Location 17 * �. SOLME - FIELD " ".; , COUNCIL ACTION REQUESTED: . 1. Adopt a resolution accepting the project. COUNCIL ACTION: Motion by. Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 3'1' 7/7/04 AGENDA ECTION: NGCONSENTAGENDA ORIGINAPublioWorks IEPT: ITEZ�,` ((, I DESCRIPTION: Owner Contract — Sanitary Sewer Relocation in 1" St NW to accommodate the 1$' Ave NW Pedestrian Subway crossing, aka Mayo Clinic Project #21302 — J5144 Staff would offer the following Owner Contract project for consideration by the Council: BARED BY: M. Baker Mayo Clinic Rochester (Owner) & Knutson Construction, Inc. (Contractor) are requesting a City / Owner Contract J5144, consisting of "Sanitary Sewer Relocation in Vt St NW to accommodate the 1 w Ave NW Pedestrian Subway crossing, aka Mayo Clinic Project #21302". COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J5144 "Sanitary Sewer Relocation in 1't St NW to accommodate the 1a Ave NW Pedestrian Subway crossing, aka Mayo Clinic Project #21302". SPNCIL ACTION: Mobon by: second to: REQUEST FOR COUNCIL ACTION MEETING 5. 7/7/04 DATE AGENDA SECTION: Ilk CONSENT AGENDA ORIGINATING DEPT: Public Works DESCRIPTION: Owner Contract — Sanitary Sewer & Watermaln Extension to Northern Reserve along CSAH 22, and construction of Regional Storm Water Pond ZR-A4.4 — J9832 Staff would offer the following Owner Contract project for consideration by the Council: BARED BY: M. Baker ABBCO Construction Co. (Owner &Contractor) is requesting a City / Owner Contract J9832, consisting OP "Sanitary Sewer & Watermain Extension to Northern Reserve along CSAH 22, and construction of Regional Storm Water Pond ZR-A4.4". COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9832 "Sanitary Sewer & Watennain Extension to Northern Reserve along CSAH 22, and construction of Regional Storm Water Pond ZR-A4.4". 4rNCIL ACTION: Movon Second to: REQUEST FOR COUNCIL ACTION MEETING Al / DATE: 7/7/04 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works EM DESCRIPTION: Contribution Agreement— Redeemer Evangelical Lutheran PREPARED BY: Church U.A.C., Inc. � M. Baker Staff would offer the following Contribution Agreement for consideration by the Council: Redeemer Evangelical Lutheran Church U.A.C., Inc., is the Owner of real property described as Lots 5 & 6, Block 1, Hanson's Subdivision of Lot 60 Auditor's Plat'A', Olmsted County, Minnesota, together with Lots 66, 67, 68, & 69, Auditor's Plat'A', Olmsted County, Minnesota. The Owner has applied for an Incentive Development Plan application #03-66, to construct a building and parking lot expansion on the Property. The Owner has requested that a Contribution Agreement be approved to address its obligations regarding future improvements to 9t' St SE, 61i Ave SE, & 7`" Ave SE, including Pedestrian Facilities along said roadways. An Agreement has been drafted by the City and executed by the Owner. COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute a Contribution Agreement with Redeemer Evangelical Lutheran Church U.A.C., Inc, for Lots 5 & 6, Block 1, Hanson's Subdivision of Lot 60 Auditor's Plat'A', Olmsted County, Minnesota, together with Lots 66, 67, 68, & 69, Auditor's Plat 'A', Olmsted County, Minnesota ACTION: Motion by. Second by. to: REQUEST FOR COUNCIL ACTION MEETING DATE: A 717/04 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D - M DESCRIPTION: Revocable Permit: Mayo Clinic Rochester- Eisenberg Tunnel Project —1st Avenue NW and I" Street NW Right of Way. p PARED BY: M. Nigbur 1*zli Mayo Clinic Rochester has requested a Revocable Permit for the construction of a pedestrian tunnel within the right of way of 1 B' Avenue NW and 16` Street NW connecting the Eisenberg Building at Methodist Hospital with The Eisenberg Staff Parking Ramp. The ramp will be constructed at Mayo Clinic's expense. Staff has reviewed the request and would recommend in favor of granting a Revocable Permit. The owners have executed a Revocable Permit which includes the standard language for revocation and liability protection for the City. zs 1E Proposed Site Access and Tunnel Area 1st Street NW a COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the revocable permit with Mayo Clinic Rochester to allow the placement of a pedestrian tunnel within the right of way of 16` Avenue NW and 1 t Street NW. UNCIL ACTION: Motion by: Second by. to: REQUEST FOR COUNCIL ACTION MEETING DATE: AGENDA Consent Agenda ORIGINATING blip Works ITEM0.077�\ NEW ITEM DESCRIPTION• Development Agreement —Whispering Oaks - Forbrook Bigelow p PARED BY: Development, LLC I M. Nigbur7Hyl The Owners of the Forbrook Bigelow Development, LLC and the City Staff have had discussions relating to impacts on the public infrastructure resulting from the development of the Property. Based on the discussions, the content for a development agreement has been decided and a document has been created. The major items covered in the agreement include the following: • Storm Water Management • Dedication of ROW • Owner's payment of the development related charges including Storm Water Management, Sanitary Sewer Availability, Water Availability, and Substandard Street & Transportation Improvement District Charges. Staff recommends the Council approve the Development Agreement. The Owners have executed the Development Agreement. Authorize the Mayor and City Clerk to execute the Whispering Oaks Development Agreement with Forbrook Bigelow Development, LLC. ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: A1- 7-7-04 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works —2,) M DESCRIPTION: Advertise for Bids, Traffic Signal 55 Street NW at Chateau Rd p PARED BY: NW, J6004luf D. Kramer In 2003 the city entered into an agreement with Olmsted County for construction of a traffic signal at 55th St NW & Chateau Rd, along with realigning Chateau Rd to the east to line up with the existing Northwest Plaza entrance, and connection of Villa Rd NW between Chateau Rd NW and Longboat Rd NW. The agreement requires the city to construct these improvements in 2004. The overall project is broken into three components, based on funding source: J6004, the traffic signal and associated pavement modifications on 55St NW (CSAH 22) is included in the 2004 CIP, p. 40, item 6. The cost split is 50% city, 50% county, after first using remaining Northwest Plaza developer funds that were paid for future traffic signals (currently held by Olmsted County). The city's $250,000 funding comes from Municipal State -Aid. J7222, realign Chateau Rd NW from Villa Rd to 55t' St, and connect Villa Rd NW to Longboat Rd. This is included in the 2004 CIP, p. 32, item 8, with the city's $350,000 funding from tax levy. J7225, Northwest Plaza driveway improvements (south of the 55"' St ROW at this intersection). This is work on private property, not included in the city's CIP. This work is included in the project at the request of the Northwest Plaza developer, and to facilitate coordinated construction. This portion of the work will not be awarded unless the developer enters into an agreement to reimburse the city for these costs. • a �ESroNgLN v00 MLLA 0 �EIC LN NW CONNECTION Rrh IW ;11r PEAJ LNNW CHATEAU RO REALIGNMENT NEW TRAFFIC SIGNAL COUNCIL ACTION REQUESTED: Authorize advertising for bids to install traffic signal and construct street improvements, 550' Street NW at Chateau Rd NW, J6004, J7222, and J7225. NCIL ACTION: Motion by Second by. to: REQUEST FOR COUNCIL ACTION MEETING DATE 7- }/ 7-7-04 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D 2Z M DESCRIPTION: PREPARED BY: Establish No Parking; George Gibbs Dr SW F D. Kramer A short "No Parking" zone has been posted on George Gibbs Drive SW for some time. Public works maintenance crews have indicated the purpose of the No Parking zone is to prevent vehicles from parking over a sanitary sewer manhole, to allow emergency access to the manhole for sewer cleaning. was unable to locate any previous city council resolution establishing this No Parking zone. I� �y 7srsw Veterans Memorial •0 No Parkin Zon �' �o� o`� COUNCIL ACTION REQUESTED: Add paragraph 324 to Section B 'No Parking" of the Comprehensive Traffic and Parking Resolution, to read as follows: 324 George Gibbs Dr SW, from 175 feet to 210 feet, more or less, south of 7th St SW, on the east side near the sanitary sewer manhole, at all times. NCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works _Z M DESCRIPTION: Supplemental Agreement #6: Project # J2269 PR PARED BY: HWY 63 South / 48'" St. and St. Bridgets Road M. Easley << The Minnesota Department of Transportation contracted for improvements to Hwy 63 South, in Rochester, in 2003, and work continues. Improvements provide for the construction of an interchange at 48th St. S.W. and associated ramps and frontage roads. Work also provides for improvements to both 48v' St. S.W. and St. Bridget's Road, sections of which are City owned and maintained roadways. MNDOT and The City of Rochester have entered into a Municipal Cost Share Agreement for improvements to City owned facilities within the project limits of the HWY 63 contract. In recent months, lands bordered by HWY 63, 48"' St. S.E. and St. Bridget's Road have continued to move forward through the development processes of the City. Whereas, the Developer has requested certain changes of MNDOT and the City in the design and construction of City roadways and utilities adjacent to the development. The Department of Public Works has reviewed these changes and concur that the changes provide for better conveyance of water and flow of traffic to and from the proposed development. MNDOT has provided an Estimate of Cost to the City for the extra work associated with these alterations, and The City of Rochester has entered into a Development Agreement with the • Developer for reimbursement of City costs associated with Supplemental Agreement #6, Project # J2269, HWY 63 South. COUNCIL ACTION REQUESTED: Adopt a resolution authorizing payment of an additional $60,866.24 to MNDOT as part of the Municipal Cost Share Agreement. Project # J2269 HWY 63 South. NCIL ACTION: Motion by. Second by to: REQUEST FOR COUNCIL ACTION MEETING DATE: 53' 7-7-04 AGENDA SECTION: ORIGINATING DEPT: CONSENTAGENDA I Public Works DESCRIPTION: Establish One -Way street; Harvest Moon Boulevard NW ITEM NO. ,T PARED BY: D. Kramer, Harvest Moon Blvd NW has been constructed based on an approved design that is only wide enough for one-way traffic. This street was platted with Harvestview subdivision. The Harvestview final plat was approved by the city council April 21, 2003 with no condition or accompanying resolution that Harvest Moon Blvd be a one-way street. 55STNW COUNCIL ACTION REQUESTED: 57 IZ Add paragraph 15 to Section G "One-way Streets and Alleys" of the Comprehensive Traffic and Parking Resolution, to read as follows: 15 Harvest Moon Blvd NW, between 56tb St NW and Harvest Lake Dr NW, one-way northbound. -ACTION: Motion by Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 7-7-04 AGENDA SECTION: CONTINUED - PUBLIC HEARINGS ORIGINATING DEPT: PLANNING ITEM OP DESCRIPTION: Land Use Plan Amendment #04-02, by Marilyn Kastler. The Applicant PREPARED BY: proposing to develop approximately 23.90 acres with commercial uses. The Mitzi A. Baker, development will require amending floodplain boundaries and filling a portion of the Senior Planner pond on the property. The applicant has petitioned to change the land use designation for this property from "low density residential" to "commercial". A Zoning District Amendment and General Development Plan are being considered concurrent with this application. The property is located south of 48w Street SW, west of TH 63 and east of the Southern Woods Development. June 30, 2004 On June 21, 2004, the City Council continued this item to July 7, 2004 to provide additional time for the applicant to negotiate access to 48'h Street. Staff anticipates receiving a written waiver from the applicant to permit this application to be continued to August Z 2004. City Planning and Zoning Commission Recommendation: The Planning Commission held a public hearing on May 25, 2004 to consider this application. Ms. Wiesner moved to recommend approval of Land Use Plan Amendment #04-02 by Marilyn Kastler based on the future conditions as proposed by the developer and with the staff -recommended findings. Mr. Burke seconded the motion. The motion failed 4-4, with Mr. Ohly abstaining. Council Action Needed. f. The Council shall hold a public hearing. 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 should instruct the City Attorney to prepare a resolution supported by findings of fact and conclusions of law. Distribution: / 1. City Clerk 2. City Administrator 1. City Attorney: Legal Description attached 2. Planning Department File 3. GGG, Inc. 4. Applicant: This item will be considered some time after 7:00 p.m. on WEDNESDAY July 7, 2004 in the Council / Board Chamber at the Rochester - Olmsted Government Center Building ACTION: oNCIL n By: Seconded By: Action: Kvenvold, Steve From: Wheeler, Phil Wednesday, July 07, 2004 11:42 AM o: Adkins, Terry; Kvenvold, Steve Cc: Spaeth, Terry Subject: RE: Item F2 That works for me. We will talk to Geoff Griffin about what we would like to see in the finsihed product. By the way, Geoff assured me earlier today that he will have the extension letter from Ms. Kastler by tonight's meeting. - Phil -----Original Message ----- From; Adkins, Terry[mailto:tadkins@ci.rochester.mn.us] Sent: Wednesday, July 07, 2004 11:20 AM To: Wheeler, Phil; Kvenvold, Steve Cc: Spaeth, Terry Subject: RE: Item F2 The whole idea of our meeting last week was to give Penz some leverage in talking to Reynolds and Schulz about reaching a negotiated settlement. The leverage was the staff's unanimous recommendation to the Council to initiate an amendment to the GDP which would result in the City deciding, rather than Reynolds deciding, where to place the road through the Reynolds GDP. We wanted Penz to go back to Reynolds and say, "we had better agree as to how to resolve this matter on our own rather than let the Council and the Planning staff resolve it for us." Apparently, that strategy worked as we now have, at least preliminarily, some agreement between the parties. The worst step we could take is to follow through on our not -so - subtle threat to initiate an amendment to the GDP. We would give Reynolds et al every reason to believe nothing has been gained by a negotiated settlement. Instead, it would be preferable to table F-2 and give everyone time to "massage" the negotiated settlement so as to make everyone happy. I call it my, "don't worry, be happy" strategy. Terry REQUEST FOR COUNCIL ACTION MEETING DATE: 7-7-04 CONTINUED - PUBLIC BEAM NGS PLANNING =M utbUHIPTIUN: Zoning District Amendment 404-06 by Marilyn Kastler. The Applicant is proposing to develop approximately 23.90 acres with commercial uses. The applicant has petitioned to change the land use designation for this property from R-1 (Mixed Single Family Residential) to B-4 (General Commercial). A Land Use Plan amendment and General Development Plan are being considered concurrent with this petition. The property is located south of 48ei Street SW, west of TH 63 and east of the Southern Woods Development. Mitzi A. Baker, Senior Planner June 30, 2004 On June 21, 2004, the City Council continued this item to July 7, 2004 to provide additional time for the applicant to negotiate access to 48"' Street. Staff anticipates receiving a written waiver from the applicant to permit this application to be, continued to August 2, 2004. City Planning and Zonlna Commission Recommendation: The City Planning and Zoning Commission held a public hearing on May 26, 2004, to consider this petition. Ms. Wiesner moved to recommend approval of Zoning District Amendment #04-06 by Marilyn Kastler th the staff -recommended findings. Mr. Burke seconded the motion. The motion failed 4-4, with low Ohly abstaining. Council Action Needed: The Council should direct the City Attorney to prepare findings of fact reflecting the Councils decision on this zone change. If the Council approves this 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 for the property. Distribution: 1. City Administrator 1�ZpY 2. City Attorney: Legal Description attached 3. Planning Department File 4. GGG Inc. 5. Applicant: This item will be considered sometime after 7:00 p.m. on Wednesday July 7, 2004 in the CouncilBoard Chambers at the Government Center,151 4th Street SE. CIL ACTION: n By: Seconded By: Action: REQUEST FOR COUNCIL ACTION MEETING DATE 7 7 04 AGENDA SECTION: ORIGINATING DEPT: ITEM 1L0. CONTINUED - PUBLIC HEARINGS PLACING M DESCRIPTION: General Development Plan #233 to be known as Waterfront PREPARED BY: Business Park by Marilyn Kastler. The Applicant is proposing to develop approximately Mitzi A. Baker, 23.90 acres with commercial uses. The development will require amending floodplain Senior Planner boundaries and filling a portion of the pond on the property. A Land Use Plan Amendment and Zoning District Amendment are being considered concurrent with this application. The property is located south of 481h Street SW, west of TH 63 and east of the Southern Woods Development. June 30, 2004 On June 21, 2004, the City Council continued this item to July 7, 2004 to provide additional time for the applicant to negotiate access to 48fh Street. Staff anticipates receiving a written waiver from the applicant to permit this application to be continued to August 2, 200.4. City Planning and Zoning Commission Recommendation: The Commission held a public hearing to consider this item on May 26, 2004. Ms. Wiesner moved to recommend approval of General Development Plan #233 to be known as Waterfront Business Park by Marilyn Kastler with the staff -recommended findings and conditions. Mr. Burke seconded the motion. The motion failed 4-4,with Mr. Ohly abstaining. • Council Action Needed: 1. The Council could either approve or deny the GDP. The Council instruct the City Attorney to prepare findings supporting the decision. If the Council wishes to approve the GDP, the Council should instruct the CityAttorney to prepare findings and a resolution. Distribution: 1. City Administrator 2. City Attorney 3. Planning Department File 4. GGG, Inc. 5. Applicant: This item will be considered some time after 7:00 p.m. on WEDNESDAY July 7, 2004 in the Council / Board Chambers in the Government Center at 151 4th Street BE. CONCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 7-7-04 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING E / / M DESCRIPTION: Final Plat #03-42 by Payne Company to be known as Century PREPARED BY: ,,Is Eight Subdivision Brent Svenby, Planner June 30, 2004 Plannino Department Review. - See attached staff report dated June 30, 2004 recommending approval subject to the following modifications/conditions: 1. Parkland Dedication shall be met via the deferred land dedication as specified in the June 25, 2004 memorandum from Rochester Park and Recreation. 2. Prior to recording the final plat documents, the E911 Addressing and GIS Impact fees shall be paid as specified in the attached memorandum from the Planning Department GIS/Addressing staff dated June 22, 2004. 3. The Owner shall dedicate, prior to the recording of the final plat, a temporary drainage and access easement over the portion of the temporary stormwater facilities in which no easements have been dedicated. 4. The final plat documents shall not be recorded until the City has determined that the applicant has complied with the terms of the City -Owner Contract for J5123. /tio Ci,.d�. oeiGays .A, -TA, ouncil Action Needed: 1. A resolution approving the plat can be adopted. Distribution: 1. City Administrator 2. City Attorney 3. Planning Department File 4. Applicant This item will be considered sometime after 7:00 p.m. on Wednesday. July 7, 2004 in the Council Chambers at the Rochester / Olmsted County Government Center. 5. Yaggy Colby Associates COUNCIL ACTION: motion by. Second by. to: LJ z 0 0 m D F- U w V) J J_ D f-- Z W U Q311tlldNn � J �s".gn_a�ak 9"xxgqz��#9?aa9q�53qq�a"RgA�oES`=O565"":5"._e §48eS]GAS ni. Awn S13-- tl Rx Ftl: as®a R'RR's tltl R'9iaS SA9®R^q7'Jq S..x�eC%�7�==Ete3�g4�as.e a __ �q qn.. Egg a %aa $ g g aaa �� tlx 9 o x� � R a II aaa malsIIIIIIII bh S9 asaaa:,:k{q 31 a'e-§SE§gg$-a 's's§:aa M'Me"�CFg s sH _ is -ss h A§:tea§E��AYi<enbMAA is aR naaae w F'sax He_. xpr� as FA �_•.+...�. - FF.7AFFFF FR �'Xa�RAk RR9x:: x:.n 9 aaa i Md Rochester -Olmsted Planning Department 2122 Campus Drive SE — Suite 100 Rochester, MN 55904-4744 (507)285-8232 MEMORANDUM TO: City Council Members and Honorable Mayor Brede FROM: Brent Svenby, Planner DATE: July 7, 2004 RE: Item E-4 ITEM E-4 (Final Plat #03-42 Century Hills 8`° Subdivision) The 41" condition should be removed. According to the Public Works Department, the owner has complied with the terms of the City -Owner Contract for J5123. 1 TO: FROM: DATE: RE: ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904.4744 couxry or www.olmstedcounty.com/planning Rochester Common Council Brent Svenby, Planner June 30, 2004 Final Plat #03-42 to be known as Century Hills Eight Subdivision. Planning Department Review: AppiicanVOwner: Engineer: Referral Comments: Report Attachments: Plat Data: Location of Property: Zoning: Proposed Development: Roadways: Payne Company 1700 Northwoods Drive NE Rochester, MN 55906 Yaggy Colby Associates 717 Third Avenue SE Rochester, MN 55904 Rochester Public Works Rochester Fire Department Planning Dept. —Wetlands RPU —Water RPU —Operation Division Rochester Park Department Planning — GIS Division MnDOT 1. Referral Comments (4 Letters) 2. Copy of Final Plat 3. Copy of the GDP The property is located east of East Circle Drive and is part of the Century Hills Development. The plat allows for the continuation of.Century Valley Road NE and Century Hills Drive NE. The property is zoned R-1 (Mixed Single Family) district on the City of Rochester Zoning Map. This development is subdividing approximately 24.09 acres of land into 51 lots for single family development. This plat proposes to dedicate right-of-way for four roadways including the continuation of Century Hills BUILDING CODE 507/285-8345 • GIS/ADDRESSINGIMAPPING 5071285-8232 • HOUSINGMRA 5071285-8224 PLANNING/ZONING 5071285-8232 • WELL/SEPTIC 507/285-8345 FAX 5071287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 June 30, 2004 Drive NE and Century Valley Road NE. Pedestrian Facilities: Pedestrian facilities (concrete sidewalk) are required at the Owner's expense, along both sides of all new • public roadways within this Subdivision. Wetlands: The Soil Survey and National Wetland Indicator maps were reviewed for the presence of wetlands. No hydric soils exist on this site according to the Soil Survey. However, due to the location in the landscape, the property owner should examine the site for wetlands. Public Utilities: Public infrastructure plans have been approved for the development. Spillover Parking: The spillover parking requirements for this development would be 62 parking spaces. The proposed roadways, as well as individual driveways, should be adequate to accommodate the required spillover spaces. Parkland Dedication: The Rochester Park and Recreation Department recommends that the parkland dedication requirements for this plat be met via the deferred land dedication with the dedication to occur when the neighborhood park site located approximately 1,400 feet south of the plat and identified on the revised GDP as "future neighborhood park" is accessible via public street or when the City wishes to begin development of the park. • General Development Plan: The plat is consistent with the approved General Development Plan known as Century Hills General Development Plan. Preliminary Plat. The Preliminary Plat for this property was approved by the City Council February 2, 2004 subject to the following conditions/modifications: 1. Dedication of parkland shag be met via: the deferred land dedication with the dedication to occur when the neighborhood pads site located 1,400 feet south of the plat and identified on the approved GDP as "Yuture neighborhood park" is accessible via public street or when the City wishes to begin development of the park. 2. Pedestrian facilities (concrete sidewalk) shall be required, at the Owner's expense, along entire frontages of both sides of all new public roads within this Subdivision. 3. Due to the location of the property hydric soils maybe located on the property. The property owner is responsible for identifying wetlands on the property and submitting the information as part of the platting process. • Page 3 �S June 30, 2004 4. Stormwater Management must be provided for this development. A Stormwater Management fee will apply to any areas of the Property that do not drain to an existing privately constructed permanent detention facility built to serve this property. • 5. The plat shall be revised to provide access to the detention pond necessary easements dedicated. if the detention pond is going to be a public pond, the access shall be provided via an outlot with a minimum of 30 feet in width. If the pond is going to be a private pond, the access shall be provided via an easement with a minimum of 30 feet in width. The City Engineer shall approve the location of outlot or easement. 6. Prior to the submittal of the final plat the roadways labeled, as Streets A-D shall be given names that have been approved by the GIS/Addressing staff. 7. The applicant shall provide surety that guarantees the site will be fully restored after the completion of the excavation activity. Said surety must be provided prior to commencement of grading activities on the property. Staff Review and Recommendation: Staff has reviewed this final plat for compliance with the applicable regulations and recommends approval subject to the following conditlons/modiflcations. 1. Parkland Dedication shall be met via the deferred land dedication as specified in the June 25, 2004 memorandum from Rochester Park and Recreation. • 2. Prior to recording the final plat documents, the E911 Addressing and GiS Impact fees shall be paid as specified In the attached memorandum from the Planning Department GIS/Addressing staff dated June 22, 2004. 3. The Owner shall dedicate, prior to the recording of the final plat, a temporary drainage and access easement over the portion of the temporaryStormwater facilities in which no easements have been dedicated. 4. The final plat documents shall not be recorded until the City has determined that the applicant has complied with the terms of the City -Owner Contract for J5123. 0 L-4 u 1 M.,Yl Now 12 //,/,) / 9141— ROCHESTER H414-0� TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DATE: 6/30/04 0 DEPARTMENT OF PUBLIC WORKS 201 4'h Street SE Roam 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the application for Final Plat #03-42 for the proposed Century Hills Eighth Subdivision. The following are Public Works comments on this request: 1. A Development Agreement and a City -Owner Contract have been executed for this Property, and development is subject to the terms of the Agreement and Contract. 2. Temporary and permanent access and drainage easements have been dedicated for a portion of the proposed stormwater features proposed for this Subdivision. Dedication of a temporary drainage and access easement is required over the remainder of the temporary stormwater facilities prior to recording the Final Plat. • 3. The Plat shall not be recorded until it has been determined by the City that the applicant has complied with the terms of the City -Owner Contract for 15123, specifically related to the construction of Century Valley Rd NE and Century Hills Dr NE • Development charges and fees applicable to the development of this property are addressed in the Development Agreement and City -Owner Contract that have been executed for this Property, with the exception of ❖ Traffic Signs as determined by the City Engineer C:\Documents and Settings\plajgam\Local Settings\Temporary Internet Files\OLK3\FP03-42 Century Hills 8th Subd.doc "I.. park & recreation ROCHESTER PARK AND k"CREATION DEPARTMENT 201 FOURTH STREET SE ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6160 • FAX 507-281-6165 MEMORANDUM DATE: June 25, 2004 TO: Jennifer Gayness Planning RE: Century Hills 8'h Preliminary Plat 03-42 Acreageof plat.......................................................... 24.09 a Number of dwelling units ............................................. 51 units Densityfactor............................................................ .0244 Dedication............................................................... 1.24 a Fair market value of land ............................................. The Park and Recreation Department recommends that dedication requirements be met via: Deferred land dedication with dedication to occur when the neighborhood park site located 1,400' south of the proposed plat and identified on the revised GDP as 'future neighborhood park' is accessible via public street or when the City wishes to begin development of the park. • C:\nocuments and Settings\plajgarn\Local Settings\Temporary Internet Fi les\OWACENTURY HILLS 800C PrA • • • Rochester -Olmsted Planning Department GIS/Addressing Division 2122 Campus Drive SE Rochester. MN 55904-4744 Phone: (507) 285-8232 Fax: (507) 257-2275 FINAL PLAT REFERRAL RESPONSE DATE: June 22, 2004 TO: Jennifer Garness FROM: Randy Growden GIS/Addressing Staff Rochester -Olmsted County Planning Department CC: Pam Hameister, Wendy Von Wald; Peter Oetliker RE: CENTURY HILLS EIGHTH FINAL PLAT #03-42 UPON REVIEW OF THIS PLAT THE FOLLOWING FEES ARE REQUIRED TO BE PAID BEFORE THE PLAT IS RECORDED. THIS APPLIES TO ALL PLATS RECORDED ON OR AFTER JANUARY 1, 2004. E911 ADDRESSING FEE: $2040.00 (51 LOTS/ADDRESSES) GIS IMPACT FEE: $810.00 (51 LOTS/OUTLOTS) Notes: 1. Additional E911 Addressing fees may be required upon Site Plan review. 2. Final Plats must be legally recorded before request for address Applications are submitted to, E911 Addressing Staff-Rochester/01msted Cnnnty Planning nent_ A review of the final plat has turned up the following ADDRESS or ROADWAY related issues: 1. Upon review of CENTURY HILLS EIGHTH SUBDIVISION the GIS / Addressing staff has found no issues to bring forth at this time. �q c:ldocuments and settings\plajgarnVowl settingAtemporary int=et files\olk3lcenturyhillseighttdp#03-42.doc AO The hand to reach roc.. DAVID A. KAPLER Fire Chief DATE: June 23, 2004 TO: Jennifer Gayness, Planning FROM: R. Vance Swisher, Fire Protection Specialist SUBJ: Final Plat #03-42 to be known as Century Hills Eight Subdivision by Payne Company With regard to the above noted project plan, the fire department has the following requirements: 1. An adequate water supply shall be provided for fire protection inclpding hydrants properly located . and installed in accordance with the specifications of the Water Division. Hydrants shall be in place prior to commencing building construction. a) The minimum fire flow for this residential development area shall be no less than 1,000 gpm at 20 psi. 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. a) Minimum street width shall `not be less than 20 feet clear drivable width. • b) Streets less than 32 feet in width shall be posted "No Parking" on one side of the street. Streets less than 26 feet in width shall be posed "No Parking" on both sides of the street. c) Minimum cul-de-sac diameter shall not be less than 70 feet in diameter d) Cul-de-sacs less than 96 feet in diameter shall be posted "No Parking". 3. All street, directional and fire lane signs must be in place prior to occupancy of any 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 (e-mail only) Mark Baker— Rochester Public Works (e-mail only) Payne Company Yaggy Colby Associates (e-mail only) 0 REQUEST FOR COUNCIL ACTION MEETING DATE: 07-07-04 AGENDA SECTION: ORIGINATING DEPT: ITEF PUBLIC HEARINGS PLANNING EM DESCRIPTION: Final Plat #04-23 to be known as Weidner Subdivision by Bruce PREPARED BY: eidner. This Plat proposed to subdivide approximately 45,677 square feet into 2 lots. Theresa Fogarty, The property is located along the north side of 37th Street NW, west of Hollywood Video . Planner and east of Super American. The property is zoned B-4 General Commercial) and there already exists commercial development on the lots. June 30, 2004 Planning Department Review. - See attached staff report dated June 30, 2004, recommending approval with the following conditions: 1. Prior to recording the final plat: a. The final plat shall be revised as follows: Provide a public utility easement, at a width determined by Rochester Public Utilities - Water Division, for the existing water main the runs along the south side of both lots. b. The owner shall submit a site plan to the Building Safety Department for review of the existing buildings meeting the provisions of the MN State Building Code. Depending on the location of the buildings, additional information may be required regarding the fire resistive rating of the walls parallel to the new property line and openings in those walls. 2. A GIS Impact Fee and E911 Addressing Fee shall be assessed and must be paid prior to recording the final plat, per the June 23, 2004 memorandum from Rochester -Olmsted Planning Department - GIS Division. 3. Execution of a Pedestrian Facilities Agreement is required prior to recording the Final Plat, addressing the Owner's obligation for future pedestrian facilities along the frontage of 371h Street NW. Council Action Needed; 1. H the Council wishes to proceed, it should instruct the City Attorney to prepare a resolution with findings supporting their decision. Attachments: 1. Staff report, dated June 30, 2004. Distribution: 1. City Administrator 2. City Clerk 3. City Attorney 4. Planning Department File 5. Applicant: This item will be considered sometime after 7:00 p.m. on WEDNESDAY, July 7, 2004 in the Council Chambers at the Rochester / Olmsted County Government Center. 6. McGhie & Betts, Inc. OUNCIL ACTION: Motion ny Second by: to: M ,4t,£ZA0 N z w ; � �. � x Icy R w F o Z JK Gyp oaa —wm uvw m V �tYy@ ` C U L N Z U a W q 3 4ZACAO S 3 • .auc.w x o<� Or ! 9 RoCRESTER-OLMSTED PLANNING DEPARTMINT 2122 Campus Drive SE, Suite 00 IIl1'1lTL I/ll�� — Ilo..•�A,.��rAf TO: Rochester Common Council FROM: Theresa Fogarty, Planner DATE: June 30, 2004 RE: Final Plat #04-23 to be known as Weidner Subdivision by Bruce Weidner. This Plat proposed to subdivide approximately 45,677 square feet into 2 lots. The property is located along the north side of 37t' Street NW, west of Hollywood Video and east of Super American. The property is zoned B-4 General Commercial) and there already exists commercial development on the lots. Planning Department Review: Applicant/Owner: Bruce Weidner 5612 Park Place Edina, MN 55424 Surveyors/Engineers: McGhie & Betts • 1648 Third Avenue SE Rochester, MN 55901 Referral Comments: 1. Rochester Public Works Department 2. Planning Department —Addressing 3. Rochester Public Utilities — Water Division 4. Rochester Building Safety Report Attachments: 1. Referral Comments (4 Letters) 2. Copy of Final Plat 3. Location Map Plat Data: Zoning: The property is zoned B-4 (General Commercial) district on the City of Rochester Zoning Map. Proposed Development: The Plat proposes to subdivide approximately 45,677 square feet into 2 lots. Roadways: There are no new roadways being dedicated with this plat. BUILDING CODE 507/285-8345 • GIS/ADDRESSINGIMAPPING 5o7/285-8232 . HOUSING/HRA 507/285-8224 .•_.PLANNING20NING 5071285-8232 • WELLISEPTIC 507/285-8345 FAX 507/287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER ion.. • Page 2 ,y Final Plat #04.23 Weidner Subdivision June 30,2004 Pedestrian Facilities: Execution of a Pedestrian Facilities Agreement is required prior to recording the Final Plat addressing the Owner's obligation for future pedestrian facilities along the frontage of 37u Street NW. Wetlands: Minnesota Statutes now require that all developments be reviewed for the presence of wetlands or hydric soils. The Soils Survey does not indicate hydric soils within this Plat. Drainage: Any additional development or redevelopment of either parcel may require a Site Plan review and Grading and Drainage Plan review. Public Utilities: A public utility easement is required for the existing water main that runs along the south side of both lots. Spillover Parking: Parking for the development of each lot will be determined at the time of Site Plan Development Review. Parkland Dedication: The property will not be used for residential development, therefore there are no parkland • dedication requirements. Preliminary Plat. According to Section 61.221 of the Land Development Manual "A subdivision in which all proposed lots front on a platted or dedicated street right-of-way and no major changes to the right- of-way are proposed may be exempted from the requirements of this paragraph (Land Subdivision Permit). Planning Staff Review and Recommendation: Due to related charges and development items related to the subdivision of this property being previously met and paid, a Development Agreement is not required. The Planning Staff has reviewed the submitted final plat in accordance with the Rochester Zoning Ordinance and Land Development Manual, Section 61.225 and would recommend approval with the following condition: f. Prior to recording the final plat: a. The final plat shall be revised as follows: Provide a public utility easement, at a width determined by Rochester Public Utilities — Water Division, for the existing water main the runs along the south side of both lots. b. The owner shall submit a site plan to the Building Safety Department for review of the existing buildings meeting the provisions of the MN State Building Code. Depending on the location of the buildings, additional information may be • required regarding the fire resistive rating of the walls parallel to the new property line and openings In those walls. le qqq Page 3 ` Final Plat #04-23 Y Weidner Subdivision June 30, 2004 2. A GIS Impact Fee and E911 Addressing Fee shall be assessed and must be paid • prior to recording the final plat, per the June 23, 2004 memorandum from Rochester -Olmsted Planning Department - G1S Division. 3. Execution of a Pedestrian Facilities Agreement is required prior to recording the Final Plat, addressing the Owner's obligation for future pedestrian facilities along the frontage of 37 h Street NW. • 0 • ROCHESTER M;a TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DATE: 6/27/04 11 DEPARTMENT OF PUBLIC WORKS 201 4th Street SE Room 108 Rochester, MN 55904-3740 507-287.7800 FAX — 507-281-6216 The Department of Public Works has reviewed the application for Final Plat #04-23 for the proposed Weidner Subdivision. The following are Public Works comments on this request: 1. Proposed Lots 1 & 2 both have existing development. Any additional development or redevelopment of either parcel may review Site Plan review and Grading & Drainage Plan review. 2. Execution of a Pedestrian Facilities Agreement is required prior to recording the Final Plat to address the Owner's obligation for future pedestrian facilities along the frontage of 37th St NW. C:\Documents and Settings\plajgam\Local Settings\Temporary Internet Files\OLK3\FP04-23 Weidner Subdivision.doc -110XID '"A Rochester -Olmsted Planning Department GIS/Addressing Division 2122 Campus Drive SE Rochester, MN 55904-4744 Phone: (507) 285-8232 Fax: (507) 287-2275 FINAL PLAT REFERRAL RESPONSE DATE: June 23, 2004 TO: Jennifer Gamess FROM: Randy Growden GIS/Addressing Staff Rochester -Olmsted County Planning Department CC: Pam Hameister, Wendy Von Wald; McGhie and Betts Inc. RE: WEIDNER SUBDIVISION UPON REVIEW OF THIS PLAT THE FOLLOWING FEES ARE REQUIRED TO BE PAID BEFORE THE PLAT IS RECORDED. THIS APPLIES TO ALL PLATS ON OR AFTER JANUARY 1, 2004. .E911 ADDRESSING FEE: $ .00 ( LOTS/ADDRESSES) GIS IMPACT FEE: $320.00 (2 LOTS/OUTLOTS) Notes: 1. Additional E911 Addressing fees may be required upon Site Plan review. 2. Final Plats must be legally recorded before request for address Applications are A review of the final plat has turned up the following ADDRESS or ROADWAY related issues: NOTE: E911 ADDRESSING FEES ARE NOT REQUIRED FOR THIS PLAT DUE TO PRE EXISTING ADDRESSING. • • 0 • a ! i r we pAd ge, we de<iver June 22, 2004 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Final Plat #04-23 by Bruce Weidner to be known as Weidner Subdivision. Dear Ms. Gamess: Our review of the referenced final plat is complete and our comments follow: 1. A public utility easement is required for the existing water main that runs along the south side of both lots. Please contact us at 507-280-1500 if you have questions. Very truly y-(ou!r��s,����%��� • �9'Wl ��wbw�c� Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Bruce Weidner • McGhie & Betts, Inc. Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2913 telephone 507-280-1540 facsimile 507-280-1542 Memo To: Jennifer Gamess From: Ron Boose r� j Date: June 25, 2004 Subject: Final Plat #04-23, Weidner subdivision CC: Bruce Weidner McGhie & Betts, Inc. The proposed subdivision indicates that the newly created lots are already developed. The Minnesota State Building Code. contains numerous provisions regulating the distance buildings may be placed from a property line. There are also several variables involved in establishing that distance • such as the fire resistive rating of the walls parallel to the property line, openings in those walls, and the occupancy classification of the building. An accurate site plan indicating the position of all existing buildings will be necessary to determine if this subdivision will create a violation of the State Building Code. Depending upon the location of the buildings, further information may be required regarding the fire resistive rating of the walls parallel to the new property line and openings in those walls. The site plan should be submitted to either Randy Johnson or Brad Finseth in the Building Safety Department for review. 0 r REQUEST FOR COUNCIL ACTION i MEETING DATE: 07-07-04 AGENDA SECTION: ORIGINATING DEPT: ITEMAIC. PUBLIC HEARINGS PLANNING 6. M DESCRIPTION: Utility Vacation Petition #04-09, 19 Street Business Park West, PREPARED BY: C to vacate a part of the utility easement located on the north side of Lot 1, Theresa Fogarty, Block 1, 19`hStreet Business Park. The property is located along the south side of Planner 19`h Street NW, east of West Circle Drive and west of 32nd Avenue NW. June 30, 2004 Planning Department Recommendation: See attached staff report dated June 30, 2004. Staff is recommending approval of the vacation request, as submitted. 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 a portion of the vacation petition as recommended by staff. Attachments: 1. Staff Report dated June 30, 2004. Distribution: 1. City Administrator 2. City Clerk 3. City Attorney: Copy of legal description is attached 4. Planning Department File S. Applicant: This item will be considered by the Council sometime after 7:00 p.m. on WEDNESDAY, July 7, 2004 in the Council/Board Chambers at the Government Center, 151 4th Street SE.] 6. GGG Engineering61Uti"r NCIL ACTION: Motion by: Second by. to: I .-•�...y u�yyu u...L,y uWU 14WU L I I • I I 6L'tiL L, .29,10.00S 6 I aaw I 40" / m / .ow9 C 0 pnm I .uyi / o / 6zw V- . 1 1 <j / V<li =Wyk f W I OWV I pWZ <j 6+ O J 7J Z W W I W Q _ _ _ _ _ xi NC.± W > —I�<< ter.<a< c Y. N < J W a >00a3 W N 0.005 — — — — a_ o 'o J— y ,o0•ob—HLf10S— — LO N . p p LB'LL " N. d d a . • l0'09. d }y M,9£,94.005 o F N 00 ^„' z co-00 V) I I CID LJ I 6 I F c z -47 S CV dd 0 3 I Y F pp- zN •n n I I .J do ti o0 I w E- a I a z r $m a^ �. �e u J I o ooror HLaoH� • •sue ,86'49 ,t9•BOL ,08'*Ll M 0£,6Z.00S rrgT TV T.TITn i TO: FROM: ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 OONTV OF Rochester City Council www. olmstedcounty. com/plann in g Theresa Fogarty, Planner June 30, 2004 , Ii�iii�►O��i�►t hpfl+� I - RE: Utility Vacation Petition #04-09,19d' Street Business Park West, LLC to vacate a part of the utility easement located on the north side of Lot 1, Block 1,19thStreet Business Park. The property is located along the south side of 19th Street NW, east of West Circle Drive and west of 32nd Avenue NW. Planning Department Review: Petitioner(s): 19th Street Business Park West, LLC 3131 East River Road NE Rochester, MN 65906 Architect/ Engineer: GGG, Inc. 14070 Hwy 52 East Chatfield, MN 55923 Reason to Vacate: This easement was for a hydrant that has been moved to the east. A new easement has been recorded (Document #A-1002615) for the new location of the hydrant. The new recorded easement is located east of the 30' egress/ingress easement for 19th Street NW. Referral Comments: No objections received from referral agencies. Report Attachments: 1. Vacation Site Map 2. Location Map Staff Recommendation: Upon review of this request and the referral agencies having no objections, staff recommends approval of vacating the 27' wide public utility easement located on the north side of Lot 1, Block 1, 19th Street Business Park. BUILDING CODE 507/285-8345 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 507/285-8224 PLANNINWONING 507/285-8232 • WELL/SEPTIC 507/285.8345 FAX 507/287-2275 ...wN. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER r] REQUEST FOR COUNCIL ACTION (100,i MEETING DATE: 07-07-04 16: AGENDA SECTION: ORIGINATING DEPT: M NO. PUBLIC HEARINGS PLANNING M DESCRIPTION: Annexation Petition #04-10 by Roger Carlsen to annex approximately FPREPARI—EDBY: 74 acres of land located along the north side of 19thStreet NW and east of 50th Avenue eresa Fogarty, NW. The property is located in a part of the Northwest Quarter of Section 29 Cascade Planner Township. June 28, 2004 City Planning and Zoning Commisslon Recommendation: The City Planning and Zoning Commission reviewed this annexation request on June 23, 2004. The Commission found that this property is adjacent to the city limits and can be served by city services upon completion of the City of Rochester utility project #M1-07, J9751. The City Planning and Zoning Commission recommended approval of this annexation request on June 23, 2004 as a Consent Agenda Item. Planning Department Recommendation: See attached staff report, dated June 14, 2004. Minnesota Statutes now specify that the property taxes payable in the year an annexation is effective shall be paid to the Township. For the five years following the annexation, the City must make a cash payment to the Township equaling 90%, 70%, 50%, 30% and 10% of the Townships share of the taxes in the year the property was annexed. The Township Taxes on this property is $47.39. kk � i '9-' S 5£+l Rkk �h .. } W^ FNt3i .€` fv/ # Y j {Ps} Y - tl i 32ke' Y—' 2 Y 'n I✓. L... fi, tt!'G'%rk 5i AR �iPA'X'4ss � � �- %fi � s.A �4"Sr ib'V k .I S � tii_ Y BAN•"+ '�" i ryy!ff }£. € W.� Y5 � ''� 'V St i /�/+ I/� ��Jfp '3'� RCkY q i 0.YeT ;N WIL {'gyp: k{T '5k 3• R }'L i N.S�� S kfl g f � -�'�!� i,� �y :ixia'� k.",�•� �., iq #'��,-) �,. 2,x' s''�'s+"*,Kz.s's.�lt r�'�:y� '"`FL' �r rf� xi' } #'� :+• ;t L a 3 ��y +2i"X'� � � t'Yn!}y ; o louul'n` j"th hearin tl tGte CotTnCII ttr '' ,glib f WIS�es roceetltas �etl oped,atshotlld TTo t ns# c tee# a � c Pre ar�an or t ce�#4 ti adnp#ed am#I a�1111] edAo the �NlN= „,partinelttatl'AduIstratianflllnlclpax8r� dry djtstmesvA y'aun '. 1 1} .:e f +is"L�YA..' JE'ix'ii. � N' �i;"�n'N+a"`yt.h✓'"YY^�i...�'•S�iF�����:i}i'...SL �§ �.� y} e"' �F } Vi4 �:. ?Kf Vi r i Attachments 1. Staff report, dated June 14, 2004. Distribution: 1. City Administrator 2. City Clerk 3. City Attorney. Legal Description Attached 4. City Finance Director: Tax Information Attached 5. Planning Department File 6. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, July 7, 2004 in the Council Chambers at the Rochester / Olmsted County Government Center. 7. McGhie & Betts, Inc. NCILACTION: Motion by.- Second by: to: ANNEXATION EXHIBIT DESCRIPTION: SEE ATTACHED G CITY LIMITS E. 50' 1274.82 ;.w X, P*' .4 • I i SE 1 NW 1/, I • AREA TO BE NINEJ® N ;S54A REB� ST INW 697.41 Bg J SE COR NB SEC. ]5-107-14 � I� Dakota, Minnesota & Eastern Railroad I z _ h x x z77 W 7:77 T REVISED 105120104 SCALE 1 ` = Boo' FOR WEST 19 DEVELOPMENT, LLC B.Ur4 w °° °"•' SCALES 1• = 800' DRAWN BY: MMM 4410 19TH STREET N.W. `"°'�o=.�;'u� DAT£ O5/19/Oa ROCHESTER,MN 559a1ACCr. NO. 1112H /2653 Codd No2653ANNE2 FR£NO.r BK. PG. 11 ROCtIESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 COUNTY OF www.almstedcounty.com/planning TO: City Planning and Zoning Commission FROM: Theresa Fogarty, Planner DATE: June 14, 2004 RE: Annexation Petition #04-1.0 by Roger Carlsen to annex approximately 16.74 acres of land located along the north side of 19th Street NW and east of 50th Avenue NW. The property is located in apart of the Northwest Quarter of Section 29 Cascade Township. Planning Department Review: ApplicantslOwners: Roger Carlson 4410 NW 19' Street Rochester, MN 55901 ArchitectlEngineer: McGhie & Betts, Inc. 1648 Third Avenue SE • Rochester, MN 55904 Existing Land Use: This property is currently undeveloped land. Existing Zoning: The property is zoned A-4 (Agricultural Urban Expansion) District on the Olmsted County zoning map. Future Zoning: Upon annexation, the property will be zoned R-1 (Mixed Single Family Residential) district on the Rochester Zoning Map. Land Use Plan: This property is designated for "low density residential" uses on the Rochester Urban Service Area Land Use Plan. Adjacency to the Municipal The property is adjacent to the city limits along its Limits: northeastern boundary. Sewer & Water: This area is within the Northwest High Level System Area, which will be made available at the southeast corner of this property with the completion of the City of Rochester utility project #M1-07, J9751. It is anticipated that the water main will be extended from that location, west to 50u' Avenue NW with the future extension of le Street NW. 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. BUILDING CODE 507/285-8345 - GISIADDRESSINGWAPPING 5071285-8232 • HOUSING/HRA 5071285-8224 PLANNING/ZONING 507/285-8232 • WELL/SEPTIC 507/285-8345 FAX 507/287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 ; Annexation #04-10 Roger Carlson June 14, 2004 Townboard Review: Minnesota State Statutes require that the Townboard members receive a written notice, by certified mail, 30 days prior to the public hearing. The City Council will hold a public hearing on this item on July 7, 2004. The City Clerk has sent the certfied 30 day notice. Referral Comments: 1. Rochester Public Utilities - Water Division Report Attachments: Staff Recommendation: 1. Annexation / Location Map 2. Referral Comments (1 letter) This property is adjacent to the City limits and can be served by city services upon completion of the City of Rochester utility project #M1-07, J9751. The Planning staff recommends that the City proceed to adopt an ordinance annexing the property according to Minnesota Statutes 414.033, Subdivision 2(3). • • E roe pCedge, we deliver June 8, 2004 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Annexation Petition #04-10 by Roger Carlsen to annex 16.74 acres of land located along the north side of 19"' St. NW and east of 50h Ave. NW. Dear Ms. Gamess: Our review of the referenced petition is complete and our comments follow: 1. This area is within the Northwest High Level Water System Area, which will be made available at the southeast comer of this property with the completion of the City of Rochester utility project #Ml-07, 19751. It is anticipated that the water main will be extended from that location, west to 50th Ave NW with the future extension of 190'Street NW. Please contact us at 507-280-1500 if you have questions. • Very truly yours, 06-JA R Donn Richardson Water i ti C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Roger Carlsen Mike Coats • McGhie & Betts, Inc. 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 i DATE: 07-07-04 .aacwuh x, wrv: URIGINATING DEPT: ITEM NO. HEARINGS CITY ADMINISTRATION L'_ Kmend the 2004 Action Plan for the City of Rochester's Community I Theresa Fogarty, Development Block Grant (CDBG) Program CDBG Administrator June 30, 2004 The City of Rochester allocated, to the Olmsted County HRA, $44,300 of 2004 CDBG funding to assist with the cost of improvements for properties known as the Flood Properties. Due to a reduction of federal funding by the Department of Housing and Urban Development to the Olmsted County HRA in the Section 8 Assistance Program, and the possibility of 48 households losing their Section 8 Assistance, the Olmsted County HRA is requesting to reallocate up to $44,300 of the 2004 CDBG Flood Home Activity funding into an activity assisting a portion of the 48 households on the Section 8 Assistance Program that will be affected by the federal fund cuts.. Staff is recommending that the City of Rochester reallocate up to $44,300 of the Olmsted County HRA Flood Homes Activity as follows: 2004 Olmsted County HRA Section 8 Program. The Olmsted County HRA proposes to use up to $44,300 of CDBG funding to provide emergency rental housing payments in the form of a grant to households in the position of losing their Section 8 Assistance due to the reduction of federal funding by the Department of Housing and Urban Development for the Section 8 Program administered by the Olmsted County HRA. Emergency rental housing payments for each household may not exceed a period of three months. All households receiving CDBG assistance must reside within the City of Rochester, MN. Attachments: 1. Memorandum from Rochester -Olmsted PI a ning Distribution: 1. City Administrator 2. City Clerk 3. CDBG File /iP Department, dated June 17, 2004. ACTION: Motion by: Second by: to: ROCHESTER — OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DRIVE SE, SUITE 100, ROCHESTER, MN, 55904-4744 • PH: (507) 285-8232 FAX: (507) 287-2275 To: Mayor and Common Council From: Phil Wheeler, AICP, Planning Director Gary Lueders, Housing Division Supervisor Date: June 17, 2004 Re: Funding to Avoid Termination of Section 8 Assistance to 48 Households Due to changes in HUD practice with regard to administrative costs and rent assistance levels, the Olmsted County Housing and Redevelopment Authority is compelled to eliminate housing assistance payments to 48 households now receiving assistance. The changes were instituted by HUD in April and were made retroactive to January 1. The effect is to reduce HUD funding for rent assistance and associated administrative costs by $170,000 in 2004. While the changes remain in effect for 2005, the normal attrition in Section 8 units will enable us to restore housing assistance to 48 households (possibly the same households) in January. In response to this challenge, the OCHRA has notified the 48 tenants, their landlords, and the other agencies that provide support services that the tenants will lose Section 8 assistance effective August 1, 2004. We needed to make that notification by June 1 in order to limit the number of tenants affected. After discussing several options, the OCHRA decided to proceed with a last in, first out" • process for identifying the tenants who would be affected. The characteristics of the 48 households who will be affected is shown in the table below. Profile of the Households Facing Cuts in Section 8 Housing Assistance Attribute Count Percentage Total number of household residents 170 100% Age distribution: Under 5 51 30% 6-10 21 12% 11-17 28 17% Adults 18-30 28 16% 31-60 37 22% 61+ 5 3% Total households 48 100% with children present 39 81% with only one adult 33 69% with female household head 37 79% with disabled household head 12 26% with surname indicating limited English proficiency 27 57% with earned income (average earned income = $11,578) 16 33% With income from benefits (average = $7,955) 42 88% with income (average = $10,820, per capita = $3,055") 48 100% According to the 2000 US Census, Olmsted County per capita income in 1999 was $24,939 and median household income was $51,316. • [IF7jWilli t • There is no doubt that the loss of housing assistance would have a devastating impact on these households. In an effort to avoid that impact, the County Board has authorized us to seek alternative funding sources to cover the shortfall and has allocated $34,000 (equivalent to one of the five months) for this purpose from its contingency fund. The OCHRA has also re -allocated $34,000 of mortgage assistance funds, equivalent to a second month. Given the long history of City of Rochester support for affordable housing, we are hopeful that the City can also allocate $34,000, equivalent to a third month. We will seek other funding for the remaining 40% of the shortfall. Rochester has established two important goals through its comprehensive plans: providing for affordable housing and integrating affordable housing in the community. Section 8 assistance is particularly effective in meeting these goals, because it locates low income tenants in existing privately owned (usually market rate) rental housing. While Section 8 assistance does not directly increase the supply of rental housing, it does make rental housing units affordable to the families it serves. By using existing units, it effectively integrates low income tenants throughout the community. Especially in periods of relatively high vacancy rates, Section 8 assistance is a reasonable and effective way to meet affordable housing needs. If the Council supports this initiative, the earlier a commitment can be made the better. Each day of uncertainty increases the likelihood that.some of the households will be required to move. If the Council supports the funding but is unable to allocate funding from its general revenues, we would suggest reallocating CDBG funds from the 2004 • allocation for improvements to the flood homes. (This will delay needed improvements, but the CHIP reorganization now going on will result in rent revenues becoming available for flood home improvements.) Reallocating CDBG funds requires a public hearing by the Council. • Page 2 of 2 I 14 .4 �OZ5 • REQUEST FOR COUNCIL ACTION AGENUA stc I IUN: - ORIGINATING 1 dook REPORTS AND RECOMMENDATIONS I Administration DESCRIPTION: ESTABLISHMENT OF THE TRAFFIC DISTRICT PROGRAM AND POLICIES MEETING DATE: 7/ S KVENVOLD qS. On June 14, 2004, the City Council, meeting as a Committee of the Whole, considered the recommendations presented by the Transportation Funding Task Force. The Council considered the following policy questions relating to this matter and made the following recommendations for official adoption: 1: The City should consider the usage of up to 50% of the City's Municipal State Aid funds for usage on TID and interchange TID projects. 2. Any available federal funds or other non -City public funds would first be used to reduce the public expenses associated with a TID or interchange TID project. 3. The cost share for a TID project should be 75% developer funding, 25% public funding. 4. The City will require a funding commitment from 60% of the benefited property owners of a TID project prior to awarding a contract to accomplish the work. 5. The method for allocating costs of a TID project, whether it be based upon gross area, net • area, trip generation or some combination of each, will be determined individually for each TID. 6. Properties in the area of an interchange project will be assessed the equivalent cost of a signalized expressway intersection, with the amount of the assessment being determined by the proximity to the interchange. COUNCIL ACTION REQUESTED: Request a motion adopting the proposed resolutions establishing the Traffic Improvement District program and establisbhIrig the policy on the use of contribution agreements to,improve substandard streets. � -71, y/o y�I... ACTION: Motion by. Second by. t.; RESOLUTION ESTABLISHING TRAFFIC IMPROVEMENT DISTRICT PROGRAM WHEREAS, the United States faces a significant problem in maintaining existing public infrastructure (streets, roads, highways, bridges, pedestrian walkways, bike paths). In September, 2003, the American Society of Civil Engineers estimated that $1.6 trillion dollars were needed nationwide over a five-year time period to bring public infrastructure up to an acceptable state of repair and maintenance. This figure had increased by $300 billion since 2001 because of large growth and increased development; and, WHEREAS, the City of Rochester also faces a significant problem in maintaining its existing public infrastructure. The City has over 300 miles of local streets for which it is responsible for maintenance and repair. This network of local streets has been growing by eight to ten miles per year during the past five years. Currently, the City faces a backlog of unfunded street maintenance needs totaling about $26,500,000. The City's Public Works Director estimates that $210,000,000 will be needed to maintain the existing street system and the new streets added by new development over the next 20 years; and, WHEREAS, the City's Public Works Director projects that over the next 40 years, there • could be over $175,000,000 (or approximately 80 miles) in arterial and collector road construction and reconstruction needed to support new growth; and, WHEREAS, the City's infrastructure deficit is compounded by new development, its impact upon adjacent public streets and the City's future financial and engineering plans to improve the capacity of the adjacent public streets. The Minnesota Court of Appeals has recognized the fact that subdivision development places a great burden on municipal services including city streets. Middlemist v City of Plymouth, 387 N.W.2d 190, 193 (Minn. Ct. App. 1986). The City does not have the financial resources to upgrade or improve the available public infrastructure for each and ever new development proposed to be located somewhere within the City's boundaries; and, WHEREAS, the lack of adequate street and road facilities to handle the vehicular traffic generated by new development results in enormous societal costs in the form of environmental Pollution, energy consumption, increased energy costs, decreased economic productivity and a general decline in a citizen's quality of life as a person spends more and more time trying to get from here to there. In addition, emergency services suffer as traffic congestion and accessibility problems reduce response times; and, WHEREAS, Minnesota law addressing a city's ability to regulate development and subdivision activities is found in Minnesota Statutes, Chapter 462; and, A a? WHEREAS, Minnesota Statutes, Section 462.358, subd. 1a, states that "[t]o protect and �aromote the public health, safety, and general welfare, to provide for the orderly, economic, and fe development of land, ... and to facilitate adequate provision for transportation, water, sewage, storm drainage ... and other public services and facilities, a municipality may by ordinance adopt subdivision regulations establishing standards, requirements, and procedures for the review and approval or disapproval of subdivisions;" and, WHEREAS, Minnesota Statutes, Section 462.358, subd. 2a, states that "[t]he standards and requirements in the regulations may address without limitation: the size, location, grading, and improvement of lots, structures, public areas, streets, roads, trails, walkways, curbs and gutters, water supply, storm drainage, lighting, sewers, electricity, gas, and other utilities; ... and the protection and conservation of flood plains, shore lands, soils, water, vegetation, energy, air quality, and geologic and ecologic features;" and, WHEREAS, Minnesota Statutes, Section 462.358, subd. 2a states that "[t]he regulations may permit the municipality to condition its approval on the cdnstruction and installation of' sewers, streets, electric, gas, drainage, and water facilities, and similar utilities and improvements;" and, WHEREAS, Minnesota Statutes, Section 462.358, subd. 2a states that "[t]he regulations may permit the municipality to condition its approval on compliance with other requirements reasonably related to the provisions of the regulations and to execute development contracts embodying the terms and conditions of approval;" and, • WHEREAS, in response to and as authorized by the above -cited provisions of the Minnesota Statutes, the City of Rochester has adopted subdivision regulations. They can be found in Chapters 60-65 of the Rochester Code of Ordinances (commonly referred to as the "Land Development Manual'); and, WHEREAS, to facilitate the adequate provision of public facilities and services as authorized by Minnesota Statutes, Section 462.358, subd. la, the City adopted adequate public facilities standards as part of its adoption of the City's subdivision regulations. These standards are found in Sections 64.130 — 64.139 of the Rochester Code of Ordinances (R.C.O.). The City adopted these standards in May, 1999. A copy of these standards is attached, identified as Exhibit #A and incorporated herein; and, WHEREAS, adequate public facilities standards have been recognized as one of the most effective forms of growth management (Gary Pivo, Growth Management Planning & Research Clearinahouse Local Government Planning Tools, (Aug. 1992)). Adequate public facilities standards have been judicially approved in cases across the nation and in Minnesota (Matter of Golden v. Planning Board of Town of Ramapo, 30 N.Y.2d 359, 334 N.Y.S.2d 138, 285 N.E.2d 291, app. dismissed, 409 U.S. 1003 (1972); Woodbury Place Partners v. Town of Woodbury, 492 N.W.2d 258 (Minn. Ct. App. 1992), cert. denied, 113 S.Ct. 2929 (1993); Freundshuh v. City of Blaine, 385 N.W.2d 6 (Minn. Ct. App. 1986); Larsen v. County of Washington, 387 N.W.2d 902 (Minn. Ct. App. 1986); Ganpay v. Town of Hanover, 351 A.2d 0 64 (N.H. 1976); White, S. Mark. Ade uate Public Facilities Ordinances and Trans ortation • Management (American Planning Association, Planning Advisory Service Report No. 465, 1996); and, WHEREAS, the purpose of Adequate Public Facilities standards is: 1 • To economize on the costs of municipal facilities and services to carefully phase residential development with efficient provision of public improvements; 2. To establish and maintain municipal control over the eventual character Of development; 3. To establish and maintain a desirable degree of balance among the various uses of the land; and 4• To establish and maintain essential quality of community services and facilities; and, WHEREAS, by these adequate public facilities standards, the City seeks to regulate the timing and sequencing of development so that the provision of adequate public facilities required to accommodate the development growth occurs concurrently with the development growth. Put another way, these adequate public facilities standards require development be timed and sequenced in a manner consistent with the capacity of public facilities. The City's goal is to insure that public facilities are capable of supporting and servicing the proposed development's • physical area and designated intensity; and, WHEREAS, in addition to the adequate public facilities standards listed in R.C.O. §§ 64.130 — 64.139, the City's subdivision regulations also include adequate public facilities standards within the criteria provided for the City review of particular subdivision processes. Thus, a general development plan cannot be approved unless on and off -site public facilities are adequate, or will be adequate if the development is phased in, to serve the properties under consideration (see R.C.O. §61.215(5)). And, a preliminary plat (land subdivision) cannot be approved unless the proposed land subdivision takes into account the City's six -year Long - Range Capital Improvements Program (see R.C.O. §61.225(F)); and, WHEREAS, the City's subdivision regulations allow the City to impose a condition on its approval of a proposed development where the condition is needed to insure compliance with the subdivision regulations (see R.C.O. §61.226); and, WHEREAS, since the May, 1999, implementation of the City's adequate public facilities standards as part of the City's subdivision regulations, there have been developments submitted to the City for approval where the public facilities were inadequate. In these cases, one of three consequences occurred in the processing of the development applications; and, WHEREAS consequence #1 of the existence of inadequate public facilities is city approval of the p o�po ed development, but with a very restrictive condition attached to the City's • •approval. That condition restricts all development until such time as the Common Council eternvines there are adequate public facilities to accommodate the proposed development; and, WHEREAS, one example of consequence #1 is the following condition of approval placed upon the General Development Plan #180 (Prairie Crossing): Because on and off site public facilities are currently inadequate to handle the proposed development, the development must be phased -in in a ments manner consistent with the City's planned infrastructure improve. Specifically, there are no plans for sanitary sewer to serve the property within the first three years of the City's current six -year Capital Improvement Program. Further, no other arrangements have been made to ensure that adequate utilities will not be available concurrent with the proposed development. Additionally, there are no plans to reconstruct 65°i Street N•W., or Bendel Road to handle the additional traffic that this development will generate. As such, no development will occur and no further development permit will be issued until the Council determines public facilities are adequate to accommodate this development; and, WHEREAS, consequence #2 of the existence of inadequate public facilities is the City approval of the proposed development, but with a condition restricting the amount and extent of lopment to coincide with the level of adequate public facilities that currently exists or may r in the future; and, WHEREAS, one example of consequence #2 is the following condition of approval placed upon General Development Plan #142 (Weatherstone): The development shall be phased so that 50'h N.W., north of 55°i Street N-W., does not exceed approximately 3,000 average daily trips before it is upgraded; and, WHEREAS, consequence #3 of the existence of inadequate public facilities is the execution of development contracts (commonly referred to as development agreements) as specifically authorized by Minnesota Statutes, Section 462.358, subd. 2a. By these development agreements, the developer and the City voluntarily agree as to how much each entity should pay to bring the appropriate public facilities up to a level adequate to accommodate the proposed development; and, WHEREAS, the decision to enter into development agreements is completely voluntary and optional on each developer's part. Some developers have been willing to live with the adequate public facilities' conditions of approval found in consequences #1 and #2. Other developers, however, have chosen to help make inadequate public facilities adequate so as tc allow their proposed developments proceed as scheduled. To keep their developments on 0 schedule, some developers have decided to follow consequence #3; and, • WHEREAS, recently, there have been developers who have expressed an interest in development agreements for their proposed developments (consequence #3), but have also expressed concern about the amount of their financial contributions towards the improvement of the public facilities. They have indicated an interest in knowing in advance the scope and extent of the current public facilities, the scope and extent of improvements needed to those public facilities in order to accommodate future development and the costs associated with making public facilities adequate; and, WHEREAS, in response to the developers' call for more information on adequate public facilities and the costs that might be associated with development agreements, the City of Rochester Common Council wishes to establish Transportation Improvement Districts ("TID") in areas of the City where new development is likely to occur. The purpose of a TID is to designate a geographic area of the City with existing substandard streets that would need to be improved or replaced if new development were to occur within that area. For each TID, there would be notice and information to a developer as to the costs that are at stake and the manner in which the City believes the costs should be divided between the City and the developer should the developer voluntarily enter into a development agreement for that development. The TID seeks to equitably distribute the transportation improvement costs created by new development between those property owners who benefit from the transportation improvements and the City; and, WHEREAS, the recently=concluded Transportation Funding Task Force, which met to • discuss the City's growth -related transportation funding needs, supports the City's creation of a TID. Among the Task Force's 28 recommendations to the Common Council was a recommendation to create a TID as a tool to fund a portion of the growth in the City's street system attributable to new development. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Rochester that the City establish the TID program as follows: 1. For purposes of this resolution, the term "development" means any man-made change to improved or unimproved real estate including a change in use or the creation of a subdivision. The term "developer" means any person engaging in any development activity for which city approval is sought. 2. By an additional resolution, the Council may establish a TID for any geographic area of the City experiencing or anticipating new growth and substandard streets. The Council's determination of those areas experiencing or anticipating new growth will be based upon its review of the City's urban service boundaries and all other relevant factors that might reveal development trends over the next 40 to 50 years. The TID will be established after reviewing the growth areas containing substandard streets, the transportation system needs of the area based upon its land use plan and zoning classifications, and the amount of each area's vacant • • • 0 developable acreage. 3. In creating a TID, the Council will consider the following factors: A. The transportation system improvements necessitated by current or anticipated development in a particular geographic area of the City. B. The particular geographic area of the City that would be served by the TID improvements. C. The total costs for the necessary transportation improvements. D. The amount of the costs of the necessary transportation improvements to serve a particular geographic area that should be allocated to the development and to the City. E. The method of cost allocation that should be used to establish a proportional and equitable distribution of the transportation improvement project costs. 4. The additional resolution will establish a cost allocation for each TID. The cost allocation will be calculated as 75% of the costs of all the transportation projects within the TID. These costs will include, but will not be limited to, the costs of design and construction engineering services, acquisition of right-of-way and construction. The cost allocation will be made up of two cost components. A. A Substandard Street Reconstruction Cost ("SSRC"); and, B. A Substandard Street Capacity Cost ("SSCC"). The above two items will be added together based on the proposed street section cost for the transportation improvements needed in the TO area to establish the TID cost allocation. 5. An additional resolution will establish a cost allocation for each Interchange TID. The Interchange TID cost allocation will be calculated as a portion of the cost of the interchange that would equal the cost of a signalized expressway intersection that would be necessary to serve properties in the district. The City will assume the balance of the interchange project cost. Distance/proximity increments may be used to apportion the Interchange TO cost allocation with property closer to the interchange assuming a greater amount of the cost allocation. These costs will include, but will not be limited to, the costs of design and construction engineering services, acquisition of right-of-way and construction. The Interchange TO will be made up of two cost components: col \O0 A. A Substandard Street Reconstruction Cost ("SSRC"); and, • B. A Substandard Street Capacity Cost ("SSCC"). The above two items will be added together based on the proposed street section cost for the transportation improvements needed in the TO area to establish the TO cost allocation. 6. A. When the proposed TO serves an area zoned for low density residential uses, the SSRC and the SSCC are divided by the gross or net developable acres in the TO area. The result is a cost per acre that is the basis for the TO substandard street reconstruction and capacity cost allocation. B. When the proposed TO serves an area not zoned for low density residential uses, the SSRC and the SSCC are calculated differently. The SSRC is divided by the gross or net developable acres in the TO area. The SSCC is divided by the gross vehicle trips or the p.m. peak hour vehicle trips generated from the acres in the TID area. The result is a SSRC per acres and a SSCC per trip that is the basis for the TO substandard street reconstruction and capacity cost allocation. C. The City Council may, from time to time, elect to modify the basis for the TID cost allocation from net or gross developable acres to trips or vice versa • if the Council determines that the alternative basis for the TO cost allocation represents a more proportional or equitable distribution of costs. 7. A. For each TO area, 50% of the SSRC for the reconstruction of a roadway up to a 40-foot wide rural section street or the equivalent 36-foot wide urban street will be allocated to the City. Fifty percent of the SSRC equal to 50% of the cost of reconstructing a 40-foot wide rural section street or its equivalent urban section will be allocated to the developer. B. For each TO area, none of the SSCC for the construction of additional roadway and intersection capacity will be allocated to the City. The SSCC equal to 100% of the cost to construct additional roadway capacity up to a maximum 52-foot roadway width will be allocated to the developer. Additionally, the SSCC equal to 100% of the cost to construct additional intersection capacity regardless of the intersection width will be allocated to the developer. 8. The applicable development agreement will provide the details as to when these cost allocations are assumed by each party. The time for payment set forth in the development agreement is related to the timing of the impacts of construction of the development. In all cases the cost allocations must be assumed within three to five years of the development agreement's execution. • lb) 9. Revenue collected within a specific TID must be spent only within that TID. Revenue collected in excess of that ultimately needed in the respective TID must be refunded to the property owners in the TID at the time the TID is dissolved (It is the City's understanding that cost allocations will ultimately be bome by individual property owners). 10. The City may, from time to time, secure new or one-time revenue such as federal transportation funds or local option sales taxes for certain transportation projects within any particular TID or Interchange TID. The City will use these new revenues to reduce the City's cost allocation of that TID or Interchange TID. If after reducing the City's cost allocation to zero, the City will apply any remaining revenue to reduce the TID or Interchange TID cost allocations. In those cases where the State or County contributes to the funding of certain projects within any particular TID or Interchange TID, the City will use these State and County funds to reduce' the overall project cost for that TID or Interchange TID project before calculating the TID or Interchange TID cost allocation. 11. The City Council may from time to time elect to use Municipal State Aid System (MSAS) funds for TID or Interchange TID projects. In any given fiscal year the Council's use of WAS funds for TID or Interchange TID project(s) shall be limited to not more than 50% of that year's available MSAS construction account • allocation. In no case shall an individual TID or Interchange TID project be funded with more than 50% MSAS funds. 12. Prior to the award of a contract to construct a proposed TID or Interchange TID improvement, and by way of a contribution agreement executed by benefiting property owners, the City may require an initial, upfront commitment of at least 60% of the cost of a particular transportation project in a TID or Interchange TID. 13. The City Council may, from time to time, review and revise by resolution the TID cost allocation for any specific TID if the Council determines that prior TID cost allocation established by the City are inadequate to fund the remaining projects within the specific TID. Revised TID cost allocations will not apply to fully executed development agreements that address TID cost allocation. BE IT FURTHER RESOLVED that the City will not involuntarily impose any of the charges, fees, costs or costs allocations described in the TID program. Instead, any reference to or mention of any charge, fee, cost or costs allocation occurs solely for the use by potential developers and City staff in responding to proposed developments involving inadequate public facilities that might be made adequate by way of voluntary development agreements. BE IT FURTHER RESOLVED that this policy becomes effective as of July 8, 2004. 0 st PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS ATTEST: CITY CLERK APPROVED THIS DAY OF (Seal of the City of Rochester, Minnesota) Res20001Re501UTID DAY OF 2004. PRESIDENT OF SAID COMMON COUNCIL MAYOR OF SAID CITY 0. 0 • RESOLUTION ESTABLISHING POLICY ON USE OF CONTRIBUTION AGREEMENTS TO IMPROVE SUBSTANDARD STREETS WHEREAS, the United States faces a significant problem in maintaining existing public infrastructure (streets, roads, highways, bridges, pedestrian walkways, bike paths). In September, 2003, the American Society of Civil Engineers estimated that $1.6 trillion dollars were needed nationwide over a five-year time period to bring public infrastructure up to an acceptable state of repair and maintenance. This figure had increased by $300 billion since 2001 because of large growth and increased development; and, WHEREAS, the City of Rochester also faces a significant problem in maintaining its existing public infrastructure. The City has over 300 miles of. local streets for which it is responsible for maintenance and repair. This network of local streets has been growing by eight to ten miles per year during the past five years. Currently, the City faces a backlog of unfunded street maintenance needs totaling about $26,500,000. The City's Public Works Director estimates that $210,000,000 will be needed to maintain the existing street system and the new streets added by new development over the next 20 years; and, WHEREAS, the City's Public Works Director projects that over the next 40 years, there iuld be over $175,000,000 (or approximately 80 miles) in arterial and collector road nstruction and reconstruction needed to support new growth; and, WHEREAS, the City's infrastructure deficit is compounded by new development, its impact upon adjacent public streets and the City's future financial and engineering plans to improve the capacity of the adjacent public streets. The Minnesota Court of Appeals has recognized the fact that subdivision development places a great burden on municipal services including city streets. Middlemist v. City of Plymouth, 387 N.W.2d 190, 193 (Minn. Ct. App. 1986). The City does not have the financial resources to upgrade or improve the available public infrastructure for each and every new development proposed to be located somewhere within the City's boundaries; and, WHEREAS, the lack of adequate street and road facilities to handle the vehicular traffic generated by new development results in enormous societal costs in the form of environmental pollution, energy consumption, increased energy costs, decreased economic productivity and a general decline in a citizen's quality of life as a person spends more and more time trying to get from here to there. In addition, emergency services suffer as traffic congestion and accessibility problems reduce response times; and, WHEREAS, Minnesota law addressing a cty's ability to regulate development and subdivision activities is found in Minnesota Statutes, Chapter 462; and, WHEREAS, Minnesota Statutes, Section 462.358, subd. 1a, states that "[t]o protect and &mote the public health, safety, and general welfare, to provide for the orderly, economic, and safe development of land, ... and to facilitate adequate provision for transportation, water, sewage, storm drainage ... and other public services and facilities, a municipality may by • ordinance adopt subdivision regulations establishing standards, requirements, and procedures for the review and approval or disapproval of subdivisions;" and, WHEREAS, Minnesota Statutes, Section 462.358, subd. 2a, states that "[t]he standards and requirements in the regulations may address without limitation: the size, location, grading, and improvement of lots, structures, public areas, streets, roads, trails, walkways, curbs and gutters, water supply, storm drainage, lighting, sewers, electricity, gas, and other utilities; ... and the protection and conservation of flood plains, shore lands, soils, water, vegetation, energy, air quality, and geologic and ecologic features;" and, WHEREAS, Minnesota Statutes, Section 462.358, subd. 2a states that "[t]he regulations may permit the municipality to condition its approval on the construction and installation of sewers, streets, electric, gas, drainage, and water facilities, and similar utilities and improvements;" and, WHEREAS, Minnesota Statutes, Section 462.358, subd. 2a states that "[t]he regulations may permit the municipality to condition its approval on compliance with other requirements reasonably related to the provisions of the regulations and to execute development contracts embodying the terms and conditions of approval;" and, WHEREAS, in response to and as authorized by the above -cited provisions of the Minnesota Statutes, the City of Rochester has adopted subdivision regulations. They can be is in Chapters 60-65 of the Rochester Code of Ordinances (commonly referred to as the "Land Development Manual'); and, WHEREAS, to facilitate the adequate provision of public facilities and services as authorized by Minnesota Statutes, Section 462.358, subd. la, the City adopted adequate public facilities standards as part of its adoption of the City's subdivision regulations. These standards are found in Sections 64.130 — 64.139 of the Rochester Code of Ordinances (R.C.O.). The City adopted these standards in May, 1999. A copy of these standards is attached, identified as Exhibit #A and incorporated herein; and, WHEREAS, adequate public facilities standards have been recognized as one of the most effective forms of growth management (Gary Pivo, Growth Management Planning & Research Clearinghouse Local Government Planning Tools, (Aug. 1992)). Adequate public facilities standards have been judicially approved in cases across the nation and in Minnesota (Matter of Golden v. Planning Board of Town of Ramapo, 30 N.Y.2d 359, 334 N.Y.S.2d 138, 285 N.E.2d 291, app. dismissed, 409 U.S. 1003 (1972); Woodbury Place Partners v. Town of Woodbury, 492 N.W.2d 258 (Minn. Ct. App. 1992), cert. denied, 113 S.Ct. 2929 (1993); Freundshuh v. City of Blaine, 385 N.W.2d 6 (Minn. Ct. App. 1986); Larsen v. County of Washington, 387 N.W.2d 902 (Minn. Ct. App. 1986); Garipav v. Town of Hanover, 351 A.2d 64 (N.H. 1976); White, S. Mark. Adequate Public Facilities Ordinances and Transportation Management (American Planning Association, Planning Advisory Service Report No. 465, 1996); and, • 1r • WHEREAS, the purpose of Adequate Public Facilities standards is: 1. To economize on the costs of municipal facilities and services to carefully phase residential, commercial and industrial development with efficient provision of public improvements; 2. To establish and maintain municipal control over the eventual character of development; 3. To establish and maintain a desirable degree of balance among the various uses of the land; and 4. To establish and maintain essential quality of community services and facilities; and, WHEREAS, by these adequate public facilities standards, the City seeks to regulate the timing and sequencing of development so that the provision of adequate public facilities required to accommodate the development growth occurs concurrently with the development growth. Put another way, these adequate public facilities standards require development be timed and sequenced in a manner consistent with the capacity of public facilities. The City's goal is, to insure that public facilities are capable of supporting and servicing the proposed development's physical area and designated intensity; and, WHEREAS, in addition to the adequate public facilities standards listed in R.C.O. §§ K130 — 64.139, the City's subdivision regulations also include adequate public facilities andards within the criteria provided for the City review of particular subdivision processes. Thus, a general development plan cannot be approved unless on and off -site public facilities are adequate, or will be adequate if the development is phased in, to serve the properties under consideration (see R.C.O. §61.215(5)). And, a preliminary plat (land subdivision) cannot be approved unless the proposed land subdivision takes into account the City's six -year Long - Range Capital Improvements Program (see R.C.O. §61.225(F)); and, WHEREAS, the City s subdivision regulations allow the City to impose a condition on its approval of a proposed development where the condition is needed to insure compliance with the subdivision regulations (see R.C.O. §61.226); and, WHEREAS, since the May, 1999, implementation of the City's adequate public facilities standards as part of the City's subdivision regulations, there have been developments submitted to the City for approval where the public facilities were inadequate. In these cases, one of three consequences occurred in the processing of the development applications; and, WHEREAS, consequence #1 of the existence of inadequate public facilities is City approval of the proposed development, but with a very restrictive condition attached to the City's approval. That condition restricts all development until such time as the Common Council determines there are adequate public facilities to accommodate the proposed development; and, 0 WHEREAS, one example of consequence #1 is the following condition of approval placed is the General Development Plan #180 (Prairie Crossing): Because on and off site public facilities are currently inadequate to handle the proposed development, the development must be phased -in in a manner consistent with the City's planned infrastructure improvements. Specifically, there are no plans for sanitary sewer to serve the property within the first three years of the City's current six -year Capital Improvement Program. Further, no other arrangements have been made to ensure that adequate utilities will not be available concurrent with the proposed development. Additionally, there are no plans to reconstruct 651' Street N.W., or Bandel Road to handle the additional traffic that this development will generate. As such, no development will occur and no further development permit will be issued until the Council determines public facilities are adequate to accommodate this development; and, WHEREAS, consequence #2 of the existence of inadequate public facilities is the City approval of the proposed development, but with a condition restricting the amount and extent of development to coincide with the level of adequate public facilities that currently exists or may occur in the future; and, WHEREAS, one example of consequence #2 is the following condition of approval placed upon General Development Plan #142 (Weatherstone): • The development shall be phased so that 50"' N.W., north of 55t' Street N.W., does not exceed approximately 3,000 average daily trips before it is upgraded; and, WHEREAS, consequence #3 of the existence of inadequate public facilities is the execution of development contracts (commonly referred to as development agreements) as specifically authorized by Minnesota Statutes, Section 462.358, subd. 2a. By these development agreements, the developer and the City voluntarily agree as to how much each entity should pay to bring the appropriate public facilities up to a level adequate to accommodate the proposed development; and, WHEREAS, the decision to enter into development agreements is completely voluntary and optional on each developer's part. Some developers have been willing to live with the adequate public facilities' conditions of approval found in consequences #1 and #2. Other developers, however, have chosen to help make inadequate public facilities adequate so as to allow their proposed developments proceed as scheduled. To keep their developments on schedule, some developers have decided to follow consequence #3; and, WHEREAS, recently, there have been developers who have expressed an interest in development agreements for their proposed developments (consequence #3), but have also expressed concern about the amount of their financial contributions towards the improvement of • the public facilities. They have indicated an interest in knowing in advance the scope and extent l di of the current public facilities, the scope and extent of improvements needed to those public Wcilities in order to accommodate future development and the costs associated with making ublic facilities adequate; and, WHEREAS, in response to the developers' call for more information on adequate public facilities and the costs that might be associated with development agreements, the City of Rochester Common Council wishes to establish a policy on the Use of Contribution Agreements to Improve Substandard Streets ("UCASS"). The purpose of the UCASS policy is to address inadequate existing township or county roads abutting proposed subdivisions and the manner in which the roads can be made adequate should a developer and the City enter into a development agreement. This policy seeks to equitably distribute the transportation improvement costs created by new development between those property owners who benefit from the transportation improvements and the City. The UCASS policy differs from the TID policy by the types of streets covered. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of, Rochester that the City establish the UCASS policy as follows: 1. The policy on the Use of Contribution Agreements for the Improvement to Substandard Streets only applies to substandard streets. A "substandard street" includes the following: A. A roadway whose cross-section does not meet any of the minimum • requirements #1 through #4 or #5 through #8: (1) Two, 12-foot travel lanes; (2) Two, six-foot paved shoulders; (3) Separated walkway or bike path along one side of the roadway; and (4) A three -to -one maximum in -slope. M (5) Two, 12-foot travel lanes; (6) One, eight -foot parking lane; (7) Concrete curb and gutter; (8) Separated walkway or bike path along one side of roadway. B. A roadway that does not meet a minimum 40 miles per hour design speed criteria as applied to vertical curves, horizontal curves and intersection sight distances. C. Notwithstanding anything in this definition to the contrary, the following roadways are considered to be substandard as of the date of this resolution: 0 (1) 55t' Street N.W., from CSAH 22 to 50 h Avenue N.W. (2) 19"' Street N.W., from Valleyhigh Drive N.W., to CSAH 22. (3) 55"' Street N.W., from Highway 52 to County Road 133 (West River • Road). (4) 11t' Avenue S.W., from 48t' Street S.W., to 60"' Street S.W. (5) 60"' Street S.W., from 11"' Avenue S.W., to Highway 63. (6) 48t' Street S.W., from 11t' Avenue S.W., to Scenic Oaks Drive S.W. 2. This policy applies to any portion of a subdivision's frontage that abuts any substandard city street, township road, County State Aid Highway or State Trunk Highway. 3. Any substandard roadway that is reconstructed or otherwise improved pursuant to this policy will remain "substandard" until such time as each undeveloped or redeveloped parcel with frontage on the roadway has paid special assessments or entered into a Contribution or Development Agreement. 4. If a developer and the City are willing to enter into a Contribution Agreement to Improve Substandard Streets, the Agreement must include the following: A. The name of the property owner and that of the subdivision or development. B. The legal description of the property. C. The frontage dimension that abuts the substandard street. • D. The developable frontage dimension that abuts the substandard street. E. The following contribution rates (used for calculating the property owner's equitable share of the cost for the roadway and stone drainage improvements): (1) $80.00 per developable front foot for residential zoning. (2) $100.00 per developable front foot for commercial zoning. (3) $120.00 per developable front foot for industrial zoning. The above contribution rates are subject to an annual adjustment on August 1 reflective of changes in the ENR Construction Cost Index for Minneapolis, or as otherwise amended by the City Council. F. The following contribution rates (used for calculating the property owner's equitable share of the cost for the walkway or bike path improvements if designated on the official ROCOG Bikeway Plan): (1) $40.00 per developable front foot if the path is not graded. (2) $25.00 per developable front foot if path is graded. • • The above contribution rates are subject to an annual adjustment on August 1 reflective of changes in the ENR Construction Cost Index for Minneapolis. G. Any provision for the contribution of in -kind services or materials in lieu of monetary contributions for improvements consistent with the final plan. H. Any one or a combination of the following payment options: (1) Lump sum payment within 30 days of execution of the Contribution Agreement. (2) Up to two uniform annual payments with annual adjustment reflective of changes in ENR Construction Cost Index in Minneapolis. (3) Payment for up to two years on a per lot sold basis with annual adjustment in per lot cost reflective of changes in ENR Construction Cost Index for Minneapolis. All options require final and complete payments to occur within two years of the date of the execution of the Contribution Agreement. 5. The City will assign a project number (J Number) to each roadway improvement project at the time the first contribution agreement for the roadway is executed. The contributed funds will be credited to that J Number and will only be used for • that project. 6. The City will reconstruct the roadway section within three years of the date when all of the following events occurs: A. 100% of the road right-of-way is annexed and within the City's jurisdictional control either by easement or dedication. B. 60% of the abutting frontage along the roadway has a city approved General Development Plan or contribution agreement. C. The City Council determines that sufficient funds are available to complete the project. 7. This policy applies to all general development plans, meets and bounds surveys, site development plans, certificates of survey and all other types of land subdivisions that abut a substandard street. 8. This policy does not apply to plats filed before January 1, 1999, but does apply to all plats filed on or after that date except as noted in paragraph 10 of this policy. The contribution amount will be prorated to reflect the respective portion of the general development plan included in the plat. For example, if 60% of the general IS development plan has been previously platted and the developer now files a plat 1�a for the remaining 40% of the general development plan, then the contribution amount would be only 40% of the total contribution and the 60% would not be required to be paid by that developer unless a re -plat was subsequently filed with the City. 9. This policy would apply to areas that are re -platted if the re -plat increases the density of the development. The contribution amount will be prorated to reflect the respective portion of the re -platted area as compared to the entire general development plan area. For example, if 10% of the general development plan is to be re -platted, then the contribution amount would be 10% of the total contribution required to be paid by that developer for the entire general development plan. 10. This policy applies to those portions of a general development plan that has been previously approved by the City Council for land outside of the City's boundaries on the date this policy became effective, unless land within a portion of the general development plan is annexed, platted and recorded prior to January 10, 2001. BE IT FURTHER RESOLVED that the City will not involuntarily impose any of the contributions, charges, fees or costs described in the UCASS program. Instead, these contributions, charges, fees and costs are solely for the use of potential developers and City staff in responding to proposed developments involving inadequate public facilities that might be made adequate by way of voluntary development agreements. BE IT FURTHER RESOLVED that this policy becomes effective as of July 8, 2004. • BE IT FURTHER RESOLVED that by the adoption of this resolution the City Council does rescind and invalidate any previously adopted policy addressing substandard street improvements occurring by way of contribution agreements. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS ATTEST: CITY CLERK APPROVED THIS DAY OF DAY OF 2004. PRESIDENT OF SAID COMMON COUNCI MAYOR OF SAID CITY • eal of the City of ochester, Minnesota) ResMDO%RewluUCASS • is REQUEST FOR COUNCIL ACTION MEETING DATE- 7-7_OA AGENDA SECTION: ORIGINATING DEPT: REPORTS & RECOMMENDATIONS PLANNING EM DESCRIPTION: Initiate Amendment To GDP #123 Southern Woods, to Identify !PR!PAREtDB A Access July 1, 2004 Consideration of General Development Plan #233, Waterfront Business Park, raised the need for access to the parcel from 48 Street through property included in the Southern Woods GDP (#123). At the time the Southern Woods GDP was considered the existing Floodway and pond located south of the commercial parcel in Southern Woods were deemed a significant hindrance to future development to the degree that the need to provide access to that part of the Kastler property was not anticipated. At that time, the Kastlers did not suggest otherwise, and the Southern Woods GDP was approved without an access from 481h Street to the Kastler property (Waterfront GDP #233). It appears conditions have changed. There -is now a proposal to develop the existing pond via filling the water body, and a proposal to remove the site from the Floodway designation. Section 61.217 addresses amendments to General Development Plans. The following applies in this case: 61.217 2) Major Amendments: All other changes to an approved General Development Plan, whether initiated by the Common Council or the owner of property subject to the proposed changes in the General Development Plan, shall be processed as a Type III, Phase II application pursuant to Section 62.215. For any changes proposed by the Common Council, the owner of property subject to the General Development Plan shall be notified by the City a minimum of 30 days in advance of any hearings or actions which amend an approved General Development Plan. stdering changed conditions, and the need to provide access to the northern portion (pond area) of the Kastler property, ity should initiate an amendment to the Southern Woods GDP #123, to identify an access through the commercial property to the proposed Waterfront GDP. Attached are excerpts from the Rochester Zoning Ordinance and Land Development Manual that support requirements for access to adjacent properties. An amendment, if approved, should be contingent upon successful amendments to the Floodplain designation on the Kastler property such that the pond area is developable, once filled. COUNCIL ACTION REQUESTED: Initiate an amendment to the Southern Woods GDP #123, to identify an access extending south from 48th Street, through the property already zoned B-4 (General Commercial) to the proposed Waterfront Development/Kastler property. Distribution: 1. City Administrator 2. City Attorney 3. Planning Department File 4. GGG 5. Randy Reynolds 6. Jerry Schultz 7. Rick Penz This item will be considered some time after 7:00 p.m. on July 7, 2004 in the Council ! Board Chambers in the Government Center at 151 4th Street SE. UNCIL ACTION: Motion by: Second by. to: Page 2 ��� RCA July 1, 2004 Ordinance references regarding connectivity and requirements to provide access (and utilities) to other properties: 61.215 Criteria for approval of a GDP: 0 #2 - "access and circulation are compatible with the existing and/or permissible future use of adjacent property' #4 - "makes provisions for..... and streets reflected in .... adopted Thoroughfare Plan, ROCOG Long Range Transportation Plan, Official Maps, and other public facilities plans..." #5 - "On and off -site public facilities are adequate, or will be adequate ....to serve the properties under consideration and will provide access to adjoining land in a manner that will allow development of those adjoining lands..." #7 - '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. 64.124 Connectivity: Local streets shall be designed to discourage through traffic, minimize the length of streets, provide safe access to residences with minimal need for steep driveways and maintain connectivity between and through adjacent residential neighborhoods and to neighborhood commercial areas for autos, pedestrians, emergency vehicles, school buses, and other service vehicles. 64.128 Street Extensions - "Where necessary to give access to or permit the reasonable future subdivision of adjacent land, right-of- ways and improvements shall be extended to the boundary of the development." 64.136 Dedications Required: Development plans, construction plans, land subdivisions and site development plans shall identify needed right-of-way or easement locations necessary for the provision of utilities, drainage and vehicular or pedestrian circulation within the development and connecting to adjacent development which meet specified levels of service called for in adopted City plans and regulations. Easements shall be granted and right-of-way dedicated to the public by the applicant as part of the development approval process or through separate instrument, which shall be in a form approved by the City Attorney. Where feasible, subdivisions shall be designed so that access to a development is not solely dependent on a roadway or driveway that intersects with an expressway as designated on the Thoroughfare Plan; • • • • L REVISED GENERAL DEVELOPMENT PLAN SOOTMN ROODS SUBOM3ION SECTIONS 2e,35 ROCRESTER MWNSR7p ([YUMiC,?uf'Hn}Y M aru�Trta wex s —. � G iA (MIgI A SOVTi(AN MJp'JS MPO MOIT1p, weypq( le 04 rsrop pq{ Mmel, gmMN Cwn1A Ygnmla ____ fuenPn( f1Y REQUEST FOR COUNCIL ACTION MEETING DATE: 717104 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. RESOLUTIONS AND ORDINANCES CITY ATTORNEY'S OFFICE G M DESCRIPTION: PREPARED BY: SOLUTIONS AND ORDINANCES TERRYYAQKINS G. 1. RESOLUTIONS **ii G. 2. FIRST READING OF ORDINANCES, as appropriate. G. 3, SECOND READING OF ORDINANCES (for adoption). raAn Ordinance Amending And Reenacting Section 38.125 Of The Rochester Code Of ordinances, Relating To The Suspension Or Revocation Of A Rental Registration Certificate. b) An Ordinance Rezoning Approximately 1.12 Acres Of Property From The R-3 Zoning District To The B-1 Zoning District, And Amending Ordinance No. 2785, Known As The Zoning Ordinance And Land Development Manual Of The City Of Rochester, Minnesota. Said property is located on the South side of Valleyhigh Road NW and on the West side of Superior Drive NW. 04'9 c) An Ordinance Rezoning Approximately 39.54 Acres Of Property From The I Zoning District To The R-1 Zoning District, And Amending Ordinance No. 2785, Known As The Zoning Ordinance And Land Development Manual Of The City Of Rochester, Minnesota. Said property is located Weft of Marion Road SE, North of 30t' Street SE, and Northeast of Pinewood Road SE. • d) An Ordinance Annexing To The City of Rochester Approximately 34.9 Acres of Land Located In A Part of the Southeast Quarter of Section 13, Township 107 North, Range 14 West, Olmsted County, Minnesota. Said property is located East of Highway 63, South of 48"' Street NE, and North of Northland Place NE. e) T An Ordinance Annexing To the City Of Rochester Approximately 39.67 Acres of Land Located In The West Half Of The East Half Of The Northwest Quarter of Section 20, Township 107 North, Range 14 West, Olmsted County, Minnesota. Said Property is located on the North side of Valleyhigh Road NW, East of 50"' Avenue NW, and West of West Circle Drive. f) An Ordinance Amending And Reenacting Section 63.126 Of The Rochester Code Of Ordinances, Relating To The Placement Of Fences, Walls Or Hedges. G.4. MISCELLANEOUS '19NCIL ACTION: Motion by: second by: to: