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HomeMy WebLinkAbout03/06/2006_RegularCITY OF ROCHESTER o� _ 115 J COUNCIL AGENDA V COUNCIL/BOARD CHAMBERS GOVERNMENT CENTER 151 4T" STREET SE h MEETING NO. 6 MARCH 6, 2006 REGULAR 7:00 P.M. PLEUGE OF ,LLECUSCE 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 5-10 2) Appointments for the Library Board 11-16 3) Authorizing Travel to Shihung City 17-18 4) City Hall Remodeling Bids 19-20 5) Resolution of Support for State Capital Bonding Funds for City/MNDOT Joint Maintenance Facility 21-22 6) Transfer of Location and Name Change for Pint's Pub 23-28 7) Licenses, Bonds and Miscellaneous Activities 29-30 8) Approval of Accounts Payable 31-32 9) Authorize Execution of Revised Banking Services Agreement with Wells Fargo, Inc., for Rochester Public Utilities 33-38 10) Capital Improvement Projects — Transfer of Funds 39-44 11) Consideration of Public Utility Board Action 45-46 12) Real Estate — Property Acquisition Authorization for the East Zumbro Interceptor Sewer (J2175) 47-48 13) Advertisement of Bids: East Zumbro River Sanitary Sewer Interceptor (J2175) 49-50 14) Purchase of Buses 51-52 15) Revocable Permit: Business signage at Lot 5, Block 1, Circle Drive Business Center 53-54 16) Contribution Agreements — Remediate Water Infiltration for Southwood Townhomes (J-6530) 55-56 17) Award of Contract: (J6530) Remediate Water Infiltration Southwood Townhomes Council Agenda y Monday, March 6, 2006 Page 2 of 3 57-58 18) Advertise for Bids: (J4610) 2006 Sidewalk Repair and Replacement in Various Locations 59-60 19) Advertise for Bids: (J4609) Construction of Public Sidewalk at Various Locations 61-62 20) Supplemental Agreement #7 Project #M3-29 (J7222) Chateau Road N.W. 63-64 21) Supplemental Agreement #1 Project #MO-74, (J9708) Overland Drive N.W. 65-66 22) Supplemental Agreement #1; Project #6255-4-99 (J9579) 55" St. N.W. 67-68 23) Supplemental Agreement #2; Project #6255-4-99 (J9579) 55" St. N.W. 69-70 24) Award of Contract: (J2588) Demolition of Buildings located at 300 15t Street NE 71-72 25) Development Agreement — Century Point Second 73-74 26) Advertisement of Bids: Extension of Sanitary Sewer from the REA Sub- Trunkline to Rochester Towne Club Development, J7745 27) Real Estate — Settlement for Right of Way Acquisition to purchase a portion of Cumulus media Rochester Property as Part of Cascade Lake Project 28) Award of Contract: (J6526) Storm Sewer Along 2"d Street S.W. along Grandville Frontage 29) Transfer of On Sale & Sunday Intoxicating Liquor License for the Two Dos Amigos Mexican Restaurants 30) Amendment of Ordinance No. 3747 Concerning City Elected Officials' Salaries 31) Change Order #1 / Revenue and Access Control Equipment for Parking Ramps E) HEARINGS 75-76 1) Continued Hearing on Land Use Amendment #05-07 by Prairie Crossing, LLC to amend Rochester Urban Service Area Land Use Plan to identify land for commercial use located west of TH 52 and north of 65th Street NW. 77-78 2) Continued Hearing on Zoning District Amendment #05-13 by Prairie Crossing, LLC to amend the Rochester Zoning Map to M-1 on land located west of TH 52 and north of 65`h Street NW. 79-80 3) Continued Hearing on General Development Plan #264 to be known as Prairie Crossing West, by Prairie Crossing, LLC 81-90 4) Amendment to General Development Plan #156 known as Boulder Ridge by Boulder Ridge Fifth Subdivision 91-108 5) Preliminary Plat #06-01 by Boulder Ridge Fifth Subdivision 109-126 6) Final Plat #04-43 by Tom Meilander to be known as Southern Meadows 127-140 7) Final Plat #04-04 by Reynolds Properties of Rochester, LLC to be known as Century Point Second Subdivision Council Agenda J Monday, March 6, 2006 Page 3 of 3 141-170 8) Type III, Phase I, Appeal #06-02 by Diane Maas appealing the decision of the Rochester Zoning Board of Appeals decision to deny requested variance number #06-02 to site location criteria for office use located at 715 East Center Street. 171-172 9) Annexation Petition #06-01 by Think Federal Credit Union to annex land located along the south side of Viola Road and along the west side of East Circle Drive in Haverhill Township. 173-174 10) Testimony on the Public Transportation Franchise business to be known as Continental Services. 175-180 11) Consider the Making of Local Improvement Project No. M6-01 (J-4609) "Construct Public Sidewalk at Various Locations 181-182 12) Proposed Assessments for Local Improvement Project No. M6-01 (J-4609) "Construct Public Sidewalk at Various Locations". 183-190 13) Consider the Making of Local Improvement Project No. 6207-4-05 (J-7743) "Reconstruction of 7th Street N.W. from 13th Avenue N.W. to Cascade Creek Bridge #55529°. 191-192 14) Proposed Assessments for Local Improvement Project No. 6207-4-05 (J-7743) "Reconstruction of 7th Street N.W. from 13th Avenue N.W. to Cascade Creek Bridge #55529". F) REPORTS AND RECOMMENDATIONS 193-194 1) Advertise for Bids: (J7743) 7th Street N.W. from 13th Ave NW to Cascade Creek Bridge #55529 G) RESOLUTIONS AND ORDINANCES 195-196 H) TABLED ITEMS 1) OTHER BUSINESS J) ADJOURNMENT Motion encumbering the remaining higher education sales tax funds, $11,329,420, for construction of permanent campus facilities for the U of M Rochester. CITY OF ROCHESTER COUNCIL AGENDA COUNCILIBOARD CHAMBERS GOVERNMENT CENTER 151 4TH STREET SE MEETING NO. 6 MARCH 6, 2006 REGULAR 7:00 P.M. pYnsE Or ALUMIANCIE 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 5-10 2) Appointments for the Library Board 11-16 3) Authorizing Travel to Shihung City 17-18 4) City Hall Remodeling Bids 19-20 5) Resolution of Support for State Capital Bonding Funds for City/MNDOT Joint Maintenance Facility 21-22 6) Transfer of Location and Name Change for Pint's Pub 23-28 7) Licenses, Bonds and Miscellaneous Activities 29-30 8) Approval of Accounts Payable 31-32 9) Authorize Execution of Revised Banking Services Agreement with Wells Fargo, Inc., for Rochester Public Utilities 33-38 10) Capital Improvement Projects —Transfer of Funds 39-44 11) Consideration of Public Utility Board Action 45-46 12) Real Estate — Property Acquisition Authorization for the East Zumbro Interceptor Sewer (J2175) 47-48 13) Advertisement of Bids: East Zumbro River Sanitary Sewer Interceptor (J2175) 49-50 14) Purchase of Buses 51-52 15) Revocable Permit: Business signage at Lot 5, Block 1, Circle Drive Business Center 53-54 16) Contribution Agreements — Remediate Water Infiltration for Southwood Townhomes (J-6530) 55-56 17) Award of Contract: (J6530) Remediate Water Infiltration Southwood Townhomes S�J s-1.�i�� �����----�k' <f /e -` � / + " Council Agenda Monday, March 6, 2006 Page 2 of 3 57-58 18) Advertise for Bids: (J4610) 2006 Sidewalk Repair and Replacement in Various Locations 59-60 19) Advertise for Bids: (J4609) Construction of Public Sidewalk at Various Locations 61-62 20) Supplemental Agreement #7 Project #M3-29 (J7222) Chateau Road N.W. 63-64 21) Supplemental Agreement #1 Project #MO-74, (J9708) Overland Drive N.W. 65-66 22) Supplemental Agreement #1; Project #6255-4-99 (J9579) 55th St. N.W. 67-68 23) Supplemental Agreement #2; Project #6255-4-99 (J9579) 55th St. N.W. 69-70 24) Award of Contract: (J2588) Demolition of Buildings located at 300 15t Street NE 71-72 25) Development Agreement — Century Point Second 73-74 26) Advertisement of Bids: Extension of Sanitary Sewer from the REA Sub- _�__�-_� Trunkline to Rochester Towne Club Development, J7745 E) HEARINGS 75-76 1) Continued Hearing on Land Use Amendment #05-07 by Prairie Crossing, LLC to amend Rochester Urban Service Area Land Use Plan to identify land for commercial use located west of TH 52 and north of 651h Street NW. 77-78 2) Continued Hearing on Zoning District Amendment #05-13 by Prairie Crossing, LLC to amend the Rochester Zoning Map to M-1 on land located west of TH 52 and north of 65`h Street NW. 79-80 3) Continued Hearing on General Development Plan #264 to be known as Prairie Crossing West, by Prairie Crossing, LLC 81-90 4) Amendment to General Development Plan #156 known as Boulder Ridge by Boulder Ridge Fifth Subdivision 91-108 5) Preliminary Plat#06-01 by Boulder Ridge Fifth Subdivision 109-126 6) Final Plat #04-43 by Tom Meilander to be known as Southern Meadows 127-140 7) Final Plat #04-04 by Reynolds Properties of Rochester, LLC to be known as Century Point Second Subdivision 141-170 8) Type III, Phase I, Appeal #06-02 by Diane Maas appealing the decision of the Rochester Zoning Board of Appeals decision to deny requested variance number #06-02 to site location criteria for office use located at 715 East Center Street. 171-172 9) Annexation Petition #06-01 by Think Federal Credit Union to annex land located along the south side of Viola Road and along the west side of East Circle Drive in Haverhill Township. 173-174 10) Testimony on the Public Transportation Franchise business to be known as Continental Services. 175-180 11) Consider the Making of Local Improvement Project No. M6-01 (J-4609) "Construct Public Sidewalk at Various Locations 181-182 12) Proposed Assessments for Local Improvement Project No. M6-01 (J4609) "Construct Public Sidewalk at Various Locations". Council Agenda Monday, March 6, 2006 Page 3 of 3 183-190 13) Consider the Making of Local Improvement Project No. 6207-4-05 (J-7743) "Reconstruction of 71h Street N.W. from 13`h Avenue N.W. to Cascade Creek Bridge #55529". 191-192 14) Proposed Assessments for Local Improvement Project No. 6207-4-05 (J-7743) "Reconstruction of 7`h Street N.W. from 13th Avenue N.W. to Cascade Creek Bridge #55529". F) REPORTS AND RECOMMENDATIONS 193-194 1) Advertise for Bids: (J7743) 7th Street N.W. from 13th Ave NW to Cascade Creek Bridge #55529 G) RESOLUTIONS AND ORDINANCES 195-196 H) TABLED ITEMS 1) OTHER BUSINESS J) ADJOURNMENT Cr ��—�.jn� 4�. 1y` L- REQUEST FOR COUNCIL ACTION MEETING DATE: 3/6/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. OPEN COMMENT PERIOD CITY ADMINISTRATOR A ITEM DESCRIPTION: OPEN COMMENT PERIOD PREPARED BY: S.KVENVOLD This agenda section is primarily for the purpose of allowing citizens to address the City Council on a topic of their choice. The following guidelines apply: • This section of the agenda may not be used as a forum to continue discussion on an agenda item which has already been held as a public hearing. • This agenda section is limited to 15 minutes and each speaker is limited to 4 minutes. • Any speakers not having the opportunity to be heard will be first to present at the next Council meeting. • Citizens may only use this forum to address the Council on a maximum of one time per month. • Matters currently under negotiation, litigation or related to personnel will not be discussed in this forum. • Questions posed by a speaker will generally be responded to in writing. / fit_ rt�` COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING 3 CONSENT AGENDA ITEM DESCRIPTION: APPROVAL ORIGINATING DEPT: CITY ADMINISTRATOR CONSENT AGENDA ITEMS DATE: 3/6/06 ITEM NO. D-1-26 G. NEUMANN This RCA lists all the items which have been included in the consent agenda for this meeting. The Coun :il can approve all of the items with a single motion to approve. The Council President will allow the Councilmembers an opportunity to state whether there are any of these items which you wish to have removed from the consent agenda approval and to have them discussed and acted upon separately by the Council. The consent agenda for this meeting consists of the following RCAs: 1) Approval of Minutes 2) Appointments for the Library Board 3) Authorizing Travel to Shihung City 4) City Hall Remodelling Bids 5) Resolution of Support for State Capital Bonding Funds for City/MNDOT Joint Maintenance Facility 6) Transfer of Location and Name Chagne for Pints Pub 7) Licenses, Bonds and Miscellaneous Activities 8) Approval of Accounts Payable 9) Authorize Execution of Revised Banking Services Agreement with Wells Fargo, Inc., for Rochester Public Utilities 10) Capital Improvement Projects—TransferofFunds 11) Consideration of Public Utility Board Action 12) Real Estate — Property Acquisition Authorization for the East Zumbro Interceptor Sewer (J2175) 13) Advertisement of Bids: East Zumbro River Sanitary Sewer Interceptor (J2175) 14) Purchase of Buses 15) Revocable Permit: Business signage at Lot 5, Block 1, Circle Drive Business Center 16) Contribution Agreements — Remediate Water Infiltration for Southwood Townhomes (J-6530) 17) Award of Contract: (J6530) Remediate Water Infiltration Southwood Townhomes 18) Advertuse for Bids: (J4610) 2006 Sidewalk Repair and Replacement in Various Locations COUNCIL ACTION: Motion by: Second by: to: Pag -3 2 March 6 2006 19) Advertise for Bids: (J4609) Construction of Public Sidewalk at Various Locations 20) Supplemental Agreement #7 Project #M3-29 (J7222) Chateau Road N.W. 21) Supplemental Agreement #1 Project #MO-74, (J9708) Overland Drive N.W. 22) Supplemental Agreement #1; Project #6255A-99 (J9579) 55t' St. N.W. 23) Supplemental Agreement #2; Project #6255-4-99 (J9579) 559, St. N.W. 24) Award of Contract: (J2588) Demolition of Buildings located at 300 VL Street NE 25) Development Agreement — Century Point Second 26) Advertisement of Bids: Extension of Sanitary Sewer from the REA Sub-Trunkline to Rochester Towne Club Development, J7745 COUNCIL ACTION REQUESTED: Motion to approve consent agenda items REQUEST FOR COUNCIL ACTION MEETING / DATE: 3r6,'06 AGENDA SECTION: Organizational Business ORIGINATING DEPT: Mayor's Office ITEM NO. b -C;L� _..I DESCRIPTION: Appointments to the Library Board PREPARED BY: Mayor Brede I hereby submit for your approval the following appointments to the: Library Board Judith Keller Taylor - will fill the expired term of Betty Hutchins. Her term will expire Jan. 2009. 1524 Wilshire Drive NE Farhan Hussein — will fill the expired term of Tonya Holt. His term will expire Jan. 2009. 2850 5"' St NW F PERSONAL INFORMATION Name J c(r-) i - C , j / Ward Address i� �4 5R �' ° < <' = Zip Code 5 r e Phone(H) (FA)O E-mail `c •, I Lv. 50 • qc,' How long have you been a resident of Rochester? 3 5 vd c Are you or any of your family members presently employed by the City of Rochester or serving on any of the City's advisory boards? Yes_ No X If yes, explain: Name of Employer Occupation: L, b ^cam Education: BL.iy'h ; -l.a v'I Ni/f [-A /.,fir-/W> & + n CommuniJty Service/Activities:�1VINA // 1. •I �iP� ✓ t ! J•1+A1 ��!'�.e !i{'I(iNl {:, lr Please list major responsibilities that you have had or currently have in a community project or organization or in your occupation: L. -. A,.._ I, I.,'J=. r . , r 17'" A. , ✓ ; //,, /0 4 Irk C n r-✓',+A1_1UVt r j3 �✓ r. Organization Memberships: ADDITIONAL INFORMATION Please indicate why you are interested in being appointed to an advisory board, and why you feel you are qualified to serve on the advisory board(s) previously indicated. 7 All 4r r'2-+'0 •n �/ly t.l: nt ,nVJrYlK LyI t ir1 -L%IL �,, OrAMy ,1-'�%�lHij � M1A✓:- �.�L �,•aste � �� i r� LhJi •5 'Ck ,' J hLG:mL � `, h,wr lac{•+fi� .�+yx h� IA• 'J�uL6I-;✓n {. 2K�',f:sAse iq !: � � W�r•�< Si�c.rcr Iu6/flMz ��Zil+f hi.✓ i Fegp 4r /i d 'Y What do you believe you could contribute if appointed to an advisory board? [ Gd,xhN if"A C-�- user's Pa. ,., t e{ V,'eo✓ L W I How do you believe you would benefit if appointed to a Board or Commission? Li'-.(-'� u/.�.:J< ilt 1, �C if✓wilo�C �i �7;: is /].'..:ati�S i.t /i li w_.,'/C rr. c_j 'h . • .. •, f _ J '. 1 . , _ -.— 1 t ., I 1 ' . _. (.. , : r . i ....� i i i L T .: i C _ . L � .. c r O y : r I am NOT available for Board/Commission meetings on the following evenings (circle): Monday Tuesday Wednesday Thursday Friday CONFLICT OF INTEREST Conflict of interest may arise by the participation in any activity, recommended action, or decision from which you receive or could potentially receive direct or indirect personal financial gain, or other personal interest. A conflict of interest may also occur if you hold a private or other public position in addition to your City advisory board which may interfere with your discharge of your City responsibilities. In accordance with these definitions, do you have any legal or equitable interest in any business, however organized, which in the course of your participation in a City advisory board, could give rise to a conflict of interest? Yes_ No If yes, please provide details on a separate sheet of paper. Do you own any real property located in Rochester, other than your residence, in which you have a legal or equitable interest which, in the course of your participation in a City advisory board, could give rise to a conflict of interest? Yes —No � If yes, please provide details on a separate sheet of paper. As a Board, Commission or Committee member, what issue(s) might cause conflict between civic responsibility and personal/professional interests? As required by City ordinance, if appointed to a City advisory board, you must complete a disclosure statement and file it with the City Clerk. You may attach a resume if you desire. The selection process will vary according to the number of applicants and vacancies, and may not include interviews with all candidates. Thank you for your interest in serving on an advisory board for the City of Rochester. Date: �T Si�gr attOr PERSONAL INFORMATION l Name Farhan HUssein m i Zip Code 55901 � Address_2850 5 St Nil — B 507-252-5665 (FAX)_507-252-5995 Phone(H)_507-202-7488 (�C Ceo//Ith 1 E-mail farhan(oaaa k12 mn.us S Cf G 2 How long have you been a resident of Rochester? 1 year Are you or any of your family members presently employed by the City of Rochester or serving on any of the City's advisory boards? Yes_ No _X_, If yes, explain: EXPERIENCE AND EDUCATION Name of Employer', Adam Abdulle Academy OccupationPrincipal Education BS MS and School Administration Degree Post -graduate degree) Community Service/Activities Charter school board member, volunteer for Somali community in Rochester and in Twin Cities. Please list major responsibilities that you have had or currently have in a community project or organization or in your occupation: I am one of the of founders and rinci al in Adam Abdulle Academ Civic/Professional Organization Memberships: NIA ADDITIONAL INFORMATION Please indicate why you are interested in being appointed to an advisory board, and why you feel you are qualified to serve on the advisory board(s) previously indicated. I am really interesting to serve library board so I can contribute my knowledge to the community. What do you believe you could contribute if appointed to an advisory board? the two cultures. How do you believe you would benefit if appointed to a Board or Commission? I will exercise my talents and contribute to the eo le as well. tvah7:P. 4if, C� 'b 1 *1 1 ff I am NOT available for Beard;Commission meetings on the following evenings (circle): Monday Tuesday Wednesday Thursday Friday CONFLICT OF INTEREST Conflict of interest may arise by the participation in any activity, recommended action, or decision from which you receive or could potentially receive direct or indirect personal financial gain, or other personal interest. A conflict of interest may also occur if you hold a private or other public position in addition to your City advisory board which may interfere with your discharge of your City responsibilities. In accordance with these definitions, do you have any legal or equitable interest in any business, however organized, which in the course of your participation in a City advisory board, could give rise to a conflict of interest? Yes_ No _X_ If yes, please provide details on a separate sheet of paper. Do you own any real property located in Rochester, other than your residence, in which you have a legal or equitable interest which, in the course of your participation in a City advisory board, could give rise to a conflict of interest? Yes _ No _X_ If yes, please provide details on a separate sheet of paper. As a Board, Commission or Committee member, what issue(s) might cause conflict between civic responsibility and personal/professional interests? As required by City ordinance, if appointed to a City advisory board, you must complete a disclosure statement and file it with the City Clerk. You may attach a resume if you desire. The selection process will vary according to the number of applicants and vacancies, and may not include interviews with all candidates. Thank you for your interest in serving on an advisory board for the City of Rochester. �� �_ n Date: �Jb 441 Si nature REQUEST FOR COUNCIL ACTION MEETING DATE: 3/6/06 AGENDA SECTION: ORIGINATING DEPT: O. CONSENT Administration IPREPARED DESCRIPTION: AUTHORIZING TRAVEL TO SHIHUNG CITY BY: IDENT I would like to request your approval to appropriate funds from the 2006 contingency account to travel to Shihung City, South Korea to officially formalize the partnership that we have been working on since the year 2002. Attached you will find the official request with the participants and costs. We will be signing the official documents and meeting with the cultural minister to finalize plans to bring the first ever Art Exhibit to Rochester from South Korea. There will also be a contingent from the Rochester Martial Arts Center going and will be performing their skills with martial arts groups from South Korea. I would also like to highlight the reasons for who will be attending representing Rochester. Dennis Hanson - City Council President Will sign the official documents Represented Rochester in 2002 Denise Sorum - Rochester Art Center Director Will meet with Cultural Minister to finalize art display John Eckerman - Rochester Area Chamber of Commerce Will be meeting with business leaders Represented Rochester in 2002 COUNCIL ACTION REQUESTED: Request a motion authorizing the travel to Shihung City and transfering $6,300 from the 2006 Contingency Account to fund the expenses. 1 1U v , Zk. 1 rT .V> /%C !ter .Gi.i / %� V L./••cC iL �-< `�K 6 sL4G1 V JNCILACTION: Mnuonby: Second by: to: ROCHESTER February 20, 2006 To: Mayor/Council From: Dennis Hans I would like to request your approval to appropriate funds from the 2006 contingency account to travel to Shihung City, South Korea to officially formalize the partnership that we have been working on since the year 2002. Attached you will find the official request with the participants and the costs. We will be signing the official documents and meeting with the cultural minister to finalize plans to bring the first ever Art Exhibit to Rochester from South Korea. There will also be a contingent from the Rochester Martial Arts Center going and will be performing their skills with martial arts groups from South Korea. I would also like to highlight the reasons for who will be attending representing Rochester: Dennis Hanson — City Council President Will sign the official documents Represented Rochester in 2002 Denise Sorum - Rochester Art Center Director Will meet with Cultural Minister to finalize art display John Eckerman - Rochester Area Chamber of Commerce Will be meeting with business leaders Represented Rochester in 2002 i �3 ewe _A,E,t, A ,T, RO CHE STER IF; OFFICIAL VISIT SHIHUNG CITY, SOUTH KOREA October 12 — 21, 2006 Attendees representing Rochester: Dennis Hanson — Rochester City Council Denise Sorum — Rochester Art Center John Eckerman — Rochester Chamber of Commerce Cost: Includes: airfare transportation meals lodging tours/meetings Dennis Hanson - $2,515.00 Denise Sorum - $2,515.00 John Eckerman - $1,265.00 (airfare to be paid by the Chamber) Total cost to the city: $6,295.00 �I:7Ci II Ardoll 1.. Brede _'1't -Id1 5n-eel Sr'. - Rrnuu 2S1 Rl,diesiun >I\' 3 19114-57,,S2 Phvn.: .,u-I 28,,-808U FaN: , ;1)7) _',S?_T�i;!i January 18, 2006 MAYOR CHUNG, CHONG HEUN 300 Jnaghyeon-Dong Siheung City, Gyeonggi-do Republic of Korea 429-701 Dear Esteemed Mayor Chung: We are very honored to receive your invitation to visit the city of Siheung to formally establish the Rochester-Siheung City Partnership. Your generosity and hospitality to our Rochester people in past visits to Siheung has been overwhelmingly gracious. We look forward to sending a delegation to your fine city in October 2006. The Rochester-Siheung relationship is the result of the mutual efforts of the leaders of both cities in the areas of sports, culture, the arts and commerce. We greatly enjoyed the presence of the Siheung Tug of War team competing in Rochester's International Tug of War Games in 2004. We also now have a citizen of Siheung, Mr. Park Chang Soon, as a business owner living here in Rochester. Continued preparations are well underway for the art display from Siheung to be shown at our Rochester Art Center in 2007. It greatly pleases us to see Siheung so determined to be involved in future exchanges between our two cities. Several officials from the city of Rochester plan a visit to Siheung this year. I truly hope to personally join them for the formal establishment of the Rochester- Siheung City Partnership. However, I am running for re-election this year as Mayor for the city of Rochester. If my election campaign should prevent me from visiting your city this year, I will appoint our council president, Mr. Dennis Hanson (who visited Siheung in 2000) to represent the city of Rochester on my behalf. I Mayor Chung, Chong Heun January 13, 2006 Page 2 In addition to elected officials we anticipate members of the following to visit the city of Siheung in October 2006: CITY OF ROCHESTER ROCHESTER AREA CHAMBER OF COMMERCE ROCHESTER ART CENTER KOREAN WAR VETERANS MARTIAL ART FITNESS CENTER CITIZENS OF ROCHESTER Mayor Chung, I wish to thank you once again for your cordial invitation to visit the city of Siheung. We will make continued preparations for this visit. Sincerely, Ardell F. Brede - Mayor CITY OF ROCHESTER \A .,. rri C r � a• .. Y Q, n DMZ and Freedom Bridge area XoreA Culture M'ArtiAl c4rts Tour INFO SESSION Friday, March 10, 7:00 pm Greetings: 1 invite you to join me on my 6th intriguing visit to Siheung, South Korea. GrandMaster Pan Gon Song will be our personal host as we go on exotic cultural tours, train with the masters, and witness amazing feats of martial arts skill. Sincerely, yredCGommefs - ?'our Host TOUR DATE: October 12-21, 2006 TOUR COST: $1265.00 per person plus airfare Includes: lodging, 2 meals per day, tours, transportation, martial arts training AIRFARE: Roundtrip airfare currently estimated at $1000,00 per person TOTAL COST: The estimated cost is $2265.00 including airfare. MEETING: Friday, March 10 at 7:00 pm — at the MAFCI in Rochester. The purpose of this meeting is to give you the information needed to help you make an informed decision on whether or not this trip is for you. We'll have a slide show of past Korea tours, taste Korean food, and gain insights on Korean culture. ACTIVITIES OF PAST TOURS Plans are underway for this October tour schedule of events. This list of activities from past tours will give you an idea of what this tour will be like. Traditional Korean Folk Village Shopping traditional open air markets Siheung City government center Training with martial arts masters Siheung Police Department Naksan Sah Temple near East Sea Shopping in martial arts supply stores DMZ and Freedom Bridge Buddhist Temple tours Dining with Shihung City officials Martial Arts Tournament Tee Sung LCD Computer Co. Sorak San Mountain tour Kukkiwon: World TKD Federation King Yi Sejong's ancient palace Korean War memorial King YI Sejong's ancient palace COMMENTS ON PAST TOURS "Probably the best vacation I ever had." "The shopping was awesome. The country gorgeous. The people were friendly." "By far the best trip of any that I have ever taken. Experiencing the culture, the friendliness of the local people, the quality martial arts training, and the gracious hospitality of our hosts were phenomenal." "Master Song and his associates rolled out the red carpet for us. We felt like royalty. They really go out of their way to make this an enjoyable trip for all.' "The community of Siheung is friendly and seems so safe day or night" "This is not a tourist attraction. You actually experience Korea." Martial Art Fitness Centers, Inc. • Rochester MN • 507-281-4335 REQUEST FOR COUNCIL ACTION MEETING i Z DATE: 3/6/06 A SECTION: UKIUINA i iNU i Consent I Administration DESCRIPTION: City Hall Remodelling Bids The City received the following quotes for the City Hall remodeling work: Benike $49,570 Construction Collaborative $53,499 Knutson $48,875 A. B. Systems $48,000 PREPARED BY: Doug Knott The architect's estimate was $49,050. This project is to remodel underutilized space in the lower level of City Hall for Public Works surveying and construction crews. The purpose of the project is to alleviate existing overcrowding due to the addition of GIS, stormwater and grading personnel over the past several years and to accommodate new staff approved in the 2006 budget. In addition, it includes relocation of the building maintenance office and storage area, minor modifications to the City Clerk's Office to convert records storage space to office space and reconfiguration of the records storage area in the basement. Funding will come from the City Hall maintenance account. COUNCIL ACTION REQUESTED Authorization to enter into a contract with A. B. Systems in the amount of $48,000 for City Hall remodeling with the Mayor and Clerk authorized to sign necessary documents on behalf of the City. JNCILACTION: Mobonby, second by: to: REQUEST FOR COUNCIL ACTION Consent Agenda DESCRIPTION Resolution of Support MnDOT Joint Maintenance Facility ORIGINATING DEPT: City Administration Capital Bonding Funds MEETING DATE: 3/6/06 PREPARED BY: T. Spaeth The Council previously approved a resolution indicating the City's capital bonding request priorities. Subsequent discussions and meetings with area legislators have prompted the City to submit a request for capital bond funds in the amount of $600,000 for planning and design of a City / MnDOT joint maintenance facility. The bonding funds would assist the City in helping to meet the schedule for project completion prior to the City needing to vacate the existing site under the agreement with OMC. Under the agreement with OMC, the City must vaca to the existing site no later than 12/31/2011. This office would recommend approval of a resolution of support and would recommend this project be the City's number four priority for State capital bonding funds. Council Action Requested: Adoption of a resolution of support for the Joint Maintenance Facility bonding request as the number four priority of the City. • COUNCIL ACTION: Motion by: seoond by: to: REQUEST FOR COUNCIL ACTION ASECTION: ORIGINATING DEPT: Consent Agenda City Clerk �,.I DESCRIPTION: Transfer of Location and Name Change for Pint's Pub MEETING /-0 DATE: 3/6/06 ITEM NO. PREPARED BY: Judy Scherr Todd Powers, owner of Pint's Pub, is requesting change in his business name and a transfer of location for the On -Sale Intoxicating Exclusive (street bar) Liquor License presently under the name of Pint's Pub. The operation will also transfer the current Sunday Liquor and Annual Dance Licenses. The new business name will be Whiskey Bones, Inc. dba Whiskey Bone's Roadhouse and the change in location for the license will be to 3820 Highway 63 North, the former Whiting's Nursery Building. Remodeling of the building to accommodate the new business is currently underway. Approval of the license is contingent upon a completed application form (no facility floor plan showing where liquor is to be served has been, payment of license fees, receipt of insurance certificates and issuance of a Certificate of Occupancy. COUNCIL ACTION REQUESTED A motion to approve the name change of the On -Sale Intoxicating Exclusive (street bar) Liquor License, Sunday License and Dance License for Pint's Pub to Whiskey Bones, Inc. dba Whiskey Bone's Roadhouse and location change to 3820 Highway 63 North contingent upon a completed application form, payment of license fees, receipt of insurance certificates and issuance of a Certificate of Occupancy. CONSENT AGENDA REQUEST FOR COUNCIL ACTION ORIGINATING DEPT: CITY CLERK ITEM DESCRIPTION: LICENSES, BONDS & MISCELLANEOUS CITY ACTIVITIES MEETING • " DATE: 3/6/06 PREPARED BY: DONNAISCHOTT The following licenses, bonds and miscellaneous activities are submitted for the Council's approvals or disapprovals. All are pending departmental approvals, the required insurance, bonds, fees and all outstanding debts with the City of Rochester. GAMBLING —TEMPORARY Hiawatha Chapter Wild Turkey Federation 3117 9th Ave NW Rochester, Mn. 55901 Raffle 3/31/06 AT Rochester Golf & Country Club 3100 Country Club Road NW Healing Spirit Metropolitan Community Church PO Box 6382 Rochester, Mn. 55903 Bingo 4/8/06 AT Senior Citizen Center 121 North Broadway Rotary Club of Rochester Foundation 111211`h Ave NE Rochester, Mn. 55906 Raffle 5/4/06 AT Ramada Conference Center 1517 16`h St SW GAMBLING — PREMISE RENEWAL Lourdes Foundation, hie. 621 West Center St Rochester, Mn. 55902 Bingo AT Circus World Bingo 2828 East Frontage Rd Hwy 52 North COUNCIL ACTION: MoOonby: second by: to: LICENSES, BONDS AND MISCELLANEOUS CITY ACTIVITIES PAGE MARCH 6, 2006 LIQUOR — ON SALE TEMPORARY Church of St. John the Evangelist 11 4°i Ave SW Rochester, Mn 55902 St. Patrick's Day Fundraiser 3/18/06 AT St. John's School Parish SEWER & DRAINS Tom Connaughty Construction PO Box 201, 311 Skyline Ave Eyota, Mn. 55934 SIGN INSTALLATION Innovative Signs 1106 10`h Sr SE Austin, Mn. 55912 SOUND AMPLIFICATION Rochester Public Utilities 4000 East river Rd NE Rochester, Mn. 55906 National Arbor Day Celebration Peace Plaza — Galleria Mall 4/28/06 11:00 AM to 1:30 PM SE MN Alliance of Peacemakers Peace Rally for the 3'd Anniversary of Iraq War Peace Plaza 3/18/06 1:30 PM to 2:00 PM MISCELLANEOUS Rochester Public Utilities 4000 East river Rd NE Rochester, Mn. 55906 National Arbor Day Celebration Peace Plaza — Galleria Mall 4/28/06 11:00 AM to 1:30 PM Paws & Claws Humane Society 1313 48" St NW Rochester, Mn. 55901 Fundraiser Walk for Homeless Animals 5/6/06 9:00 AM to 2:00 PM LICENSES, BONDS AND MISCELLANEOUS CITY ACTIVITIES PAGE 3 MARCH 6, 2006 OFF SALE INTOXICATING LIQUOR (Annual Renewals) A C Liquor, Inc DBA Andy's Liquor Alexandra D, Inc DBA Apollo Liquor Warehouse Andy's Crossroads Liquor, Inc I: BA Andy's Andy's Marketplace Liquor, Inc. Apollo I, DBA Peter's Liquors B & F Leasing, Inc. DBA Apollo Liquor & Smoke Shop Deanna, Inc. DBA Apollo Wine & Spirits Cost Plus Inc. DBA Cost Plus World Market Supervalu, Inc DBA Cub Foods Bear Creek Liquor RMT of Rochester, Inc. DBA Buckeye Liquor Dos's Liquor, Inc. Hy-Vee, Inc. DBA Hy-Vee Wine & Spirits Joe's Liquor, Inc. Plaza Liquor Sam's West, Inc. DBA Sam's Club #6427 SL Liquor, Inc. DBA Silver Lake Liquor CLUB ON SALE LIQUOR (Annual Renewal AFL-CIO Labor Club DBA Labor Club William T. McCoy Post 92 DBA American Legion Rochester Elks Lodge #1091 Fraternal Order of Eagles #2228 Columbus Building Association DBA Knights of Columbus NO LONGER IN BUSINESS Rochester Golf & Country Club VFW Post #1215 Whitlock Sonnenberg WINE (Annual Renewal) A & E Plus, Inc. DBA Dunn Bros Coffee Karla Sperry DBA Bilotti's Italian Restaurant Chardonnay LTD China Dynasty, Inc. LeeAnn Chin DBA Chin's Asia Fresh Restaurant OUT OF BUSINESS Chipotle Mexican Grill of Colorado, LLC DBA Chipotle Mexican Grill - Marketplace Chipotle Mexican Grill of Colorado, LLC DBA Chipotle Mexican Grill - Crossroads Daube's Bakery DBA Jasper's Alsatian Bistro & Wine Charles Brannon DBA Eastwood Grill Nghi B. Sam DBA Great China Restaurant Trips, Inc. DBA Hawthorne Suites of Rochester G.A.C. Development LLC DBA Hilton Garden Inn Dong Zeng LLC DBA Hunan Garden Restaurant Image of Rochester, Inc. DBA 63 Club India Garden, Inc. John Hardy's Bar-B-Cue, Inc. 29 Frontage Rd, Hwy 52 North John Hardy's Bar-B-Cue, Inc. 940 South Broadway DMS Patel LLC DBA John's Family Restaurant & Coffee Shop OUT OF BUSINESS La Familia Mexican Restaurant OUT OF BUSINESS PPE, Inc. DBA Leo's Pizza Palace LICENSES, BONDS AND MISCELLANEOUS CITY ACTIVITIES PAGE 4 MARCH 6, 2006 WINE RENEWAL CONTINUED The Noodle Shop Co. — Colorado, Inc DBA Noodles & Company Prescott's Grill, Inc. Rochester Bevflo, Inc DBA Residence Inn Rcchester Downtown Rochester Athletic Club, Inc. Roscoe's Rootbeer & Ribs, Inc. DBA Roscoe's North Three Happiness, Inc. DBA 3-H Restaurant JADCO LLC DBA Valentino's of Rochester Wong's Cafe, A General Partnership DBA Wong's Cafe OUT OF BUSINESS Wright Stuff Restaurant & Lounge Vandro's LLC DBA Zorba's Greek Restaurant ON SALE INTOXICATING LIOUOR (Annual Renewal) Amsterdam Apache Hospitality, Inc. DBA Ramada Hotel and Conference Center Apple American LMTD Partnership of Mn. DBA Applebee's Neighborhood Grill & Bar 3794 Marketplace Dr Apple American LMTD Partnership of Mn DBA Applebee's Neighborhood Grill & Bar 320 Apache Mall. Azteca Mexican Restaurant, Inc. Beetles Bar & Grill, Inc. Xiao Guo DBA Bon's Buffet Boomer's Lounge LLC Troy Nels Wing DBA The Break Room SRSA, Inc. DBA C.J.'S Midtown Lounge Creative Cuisine Inc DBA Broadstreet Cafe & Bar/Redwood Room Brothers Bar & Grill, Inc. Graf Family Investments DBA Buffalo Wild Wings Grill & Bar J & S Corporation DBA Canadian Honker Hospitality Honker Enterprises DBA Canadian Honker Restaurant Carlos O'Kelly's Mexican Cafe CMZ, Inc.DBA City Cafi Colonial Company DBA Colonial Lanes and Brass Lantern Restaurant The Phoenix Hotel LLC DBA LaQuinta Inn & Conference Center Crown Restaurant & Lounge Carpenter and Torgerson II Il DBA Courtyard by Marriott Ruben Leon' DBA Dos Amigo's Mexican Restaurant Dos Amigo's Mexican Restaurant #2 Rochester Bevflo, Inc. DBA Economy Inn & Executive Suites Rivervalley BBQ, Inc DBA Famous Dave's BBQ Shack Fiesta Mexicana Restaurant, Inc. DBA Fiesta Caf6 Bar Bramel, Inc. DBA Glynner's Pub GM Rochester LLC DBA Green Mill Hangar Bar & Grill, Inc. Rochester Bevflo, Inc DBA Holiday Inn Downtown Sonor Hotel Corporation DBA Holiday Inn South Hunan Chinese Restaurant of Rochester, Inc. J & M'S Family Restaurant Inc DBA Shady Hill Grill Jenpachi Japenese Steak House LLC Rochester Bevflo, Inc. DBA Kahler Hotel LICENSES, BONDS AND MISCELLANEOUS CITY ACTIVITIES �' 1 PAGE 5 MARCH 6, 2006 ON SALE INTOXICATING LIQUOR RENEWALS Murphy & Teal, Inc. DBA Kathy's Pub King's Crossing Bar & Grill Co. Inc. Rochester Bevflo, Inc. DBA Marriott Hotel Dooley's Inc DBA McMurphy's Sports Cafe/Aquarius Nightclub McGoon's Taxi Co Inc DBA McGoon's Entertainment & Restaurant Michael's Supper Club, Inc. DBA Michael's Restaurant MWC of Rochester DBA Mickey's Irish Saloon CJC Enterprises, Inc. DBA North Star Bar Hy -Pat Investment Inc. DBA O'Neill's Pizza Pub GMRI, Inc. DBA Olive Garden Italian Restaurant Outback Steakhouse/Midwest II, Limited Partnership DBA Outback Steakhouse Phnom Penh Restaurant & Lounge LLC MPLS Hotel Management DBA Radisson Plaza Hotel Recreation Lanes, Inc. GMRI, Inc. DBA Red Lobster #429 Powers Catering, Inc. DBA Rochester International Event Center Chili's of Minnesota Inc. DBA Romano's Macaroni Grill Rookies Sports Grill & Bar, Inc. McBumey LLC DBA The Sandtrap TAC I LLC DBA Metro, Tonic and Taylor's Restech Partners, Inc,. DBA TGI Friday's Timber Lodge Steakhouse, Inc. 3D and Beyond, Inc. DBA Ultra Lounge Victoria's of Minnesota DBA Victoria's Restaurant Chun X, Inc. DBA West Fire Grill Whiskey Bone, Inc. DBA Whiskey Bones Roadhouse Whistle Binkies LLC DBA Whistle Binkies Old World Pub Whistle Binkies on the Lake, Inc. Willow Creek Golf Course of Rochester, Inc. CONSUMPTION & DISPLAY (Annual Renewal) Pla-Mor Ballroom OTHER ANNUAL RENEWALS Sunday Liquor 69 On Sale 3.2% 41 Off Sale 3.2% 21 Dance 29 Bowling 2 COUNCIL ACTION REQUESTED A motion to approve the above NEW and RENEWAL license, bonds and miscellaneous City activities. u "141 REQUEST FOR COUNCIL ACTION A SECTION: ORIGINATING DEPT: Consent Agenda I Finance Department Approval of Accounts Payable Respectfully request a motion to approve the following cash disbursements: Investment purchases of $1,632,754.20 Accounts payable of $7 695,911.97 Total disbursements $9,328,666.17 (Detailed listing of disbursements submitted separately.) t,uUNCIL ACTION: Motion by: second by: to: MEETING a� DATE: 3/6/06 ITEM. V Dale Martinson REQUEST FOR COUNCIL ACTION MEETING / DATE: 3 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda/ Organizational Business Finance Department ITEM DESCRIPTION: Authorize Execution of Revised Banking Services Agreement with PREPARED BY: Wells Fargo, Inc. for Rochester Public Utilities Dale Martinson Staff is often reviewing current banking arrangements to determine if there are changes available that would benefit the organization. As interest rates have continued to climb, it was determined that changing the RPU regular bank account from a minimum balance account to a "sweep account" would provide significant additional earnings to them. The existing minimum balance arrangement is designed to offset fees, but the proposed new arrangement would move out any account balance each night and purchase investments that are legal for the City to hold. The bank would agree to repurchase these investments from us when we need the cash to make payments to vendors. With current rates, this will provide much more income than just what is needed to pay for account fees. This is especially a benefit to RPU with their balances tending to grow each month to a peak just before their purchased power payment is due. This new arrangement requires a new set of bank services agreements specifying just how the monies are to be transferred, the investments that can be purchased and the banks agreement to repurchase them from us. RECOMMENDED COUNCIL ACTION: Authorize execution of revised bank services agreements between Wells Fargo and the City on behalf of Rochester Public Utilities. COUNCIL ACTION: Motion by: Second by: to: AGENDA SECTION: REQUEST FOR COUNCIL ACTION ORIGINATING DEPT: FINANCE MEETING 33 / DATE: 3/6/06 ITEM NO. o- c� �M DESCRIPTION: Capital Improvement Projects - Transfer of Funds PREPARED BY: Dale Martinson Attached is a prepared resolution closing completed projects, or completed phases within specific projects, and authorizing transfers of the unexpended balances or transfers to fund project deficit balances. The project funds were created and financed pursuant to City Charter, Section il.lo. The total amount of funds transferred for these projects is broken down as follows: Park & Recreation $ 1,355.15 Streets 295,208.58 Pedestrian Facilities 39,490.30 Sanitary Sewer and Watermains 922,541.70 Other 29,764.18 Net Funds Transferred $ 1,288,359.91 The amount of funds transferred to fund active projects as listed in item two of the resolution include funds from the following categories: Street Funds $ 1,875,832.00 Sewer Availability Funds 2,219,000.00 Sewer Utility Funds 3,567,500.00 Storm Water Utility Funds 309,452.00 Pedestrian Facilities Funds 44,270.00 Airport Funds 36,814.80 General Fund Contingency 12,146.33 Other Project Funds 31,772.62 Sales Tax _ 413,230.92 Net Funds Transferred $ 8,510,018.67 COUNCIL ACTION REQUESTED: Respectfully request a motion adopting the prepared resolution closing completed improvement projects, or completed phases within specific projects, and transferring funds pursuant to the City Charter, Section 11.10; and to transfer the stated amounts to fund active projects listed in item # 2 below. — -)UNCIL ACTION: Motion by: second by: to: RESOLUTION WHEREAS, the Common Council has appropriated funds to the following projects: Project # Project Description Amount "arks & Recreation 2889 Valley Side Estate Park Development (584.84) Trf fnds fr J2895 (SE Park Dedication) to J2889 584.84 2886 Park & Rec Guidebook 1,355.15 Streets 7206 C&G Overlay 4 Av SE fr 4 St to 6 St 38,899.14 Trf fnds fr J8202 (Sewer Availability Fnds) to J7206 7,621.04 Return fnds to J8307 (Sidewalk Cnstr) fr J7206 (2,092.80) Return fnds to J2133 (Gen Sn/S Replacement) fr J7206 (5,600.00) Return fnds to J2200 (Street Rehab) fr J7206 (3B,827.38) 9172 Recon East River Road fr 37 St to City limits 86,736.25 9214 Recon East River Rd & 24 St NE fr Bdwy to 37th St 47,277.75 Trf fnds fr J8204 (Future Construction-Assmnts) to J9172/J9214 161,194.58 Pedestrian Facilities 4601 Repl S/W by Cntr St Ramp & WF Bank 18,544.72 Trf fnds fr J8204 (Future Construction-Assmnts) to J4601 14,163.22 4941 W Circle Dr Bike Trl fr 2 St SW to Bamber Valley Rd 6,782.08 9284 S/W Replacement #6-93, Downtown Area 0.28 9489 S/W Replacement #3-98, Various NE (0.33) Trf fnds fr J8307 (Sidewalk Construction -City Share) to J9489 0.33 Sanitary Sewer & Waterm_ain 2133 General Sn/S Main Replacement 922,541.70 9656 SUSwr/Wtr Improv to serve Rose Harbor (9,012.39) Trf fnds fr J2200 (Street Resurfacing) to J9656 9,012.39 9746 Sn/S W/M to serve Elmcroft Subd (4,806.16) Trf fnds fr J8202 (Sewer Availability Fnds) to J9746 2,403.08 Trf fnds fr J8201 (Water Availability Fnds) to J9746 2,403.08 9791 Sn/S W/M ext to serve Southtown Hts Subd (16.28) Trf fnds fr J8202 (Sewer Availability Fnds) to J9791 8.14 Trf fnds fr J8201 (Water Availability Fnds) to J9791 8.14 5� m SewerlStorm Water 4005 Cnstr Pond Kr-p2.1a @ 41 St NW (531,053.11) Trf fr 49650 (Storm Water Utility) to J4005 265,526.55 Trf fr J6501 (Storm Water Mgmt) to J4005 177,905.75 Trf fr J6502 (Cnstr Regnl Storm Water Facilities) to J4005 87,620.81 6516 Rehab Meadow Run Ditch (169,613.49) Trf fr 49650 (Storm Water Utility) to J6516 169,613.49 Basic Construction/Owner Contract Projects 5187 Trkln Sn/S & W/M Ext - West 19 Plaza (17,005.02) Trf fnds fr J8202 (Sewer Availability Fnds) to J5187 17,005.02 9652 BIC Lincolnshire North 4th Subd (29,504.00) Trf fr J6501 (Storm Water Mgmt) to J9652 29,504.00 9764 BIC Lincolnshire North 5th Subd (6,174.65) Trf fnds fr J8202 (Sewer Availability Fnds) to J9764 3,050.50 Trf fnds fr J8212 (SnIS Capacity Relief Fnds) to J9764 3,124.15 9832 BIC Northern Hts Village - O/C (19,483.24) Trf fnds fr J8202 (Sewer Availability Fnds) to J9832 9,936.46 Trf fnds fr J8201 (Water Availability Fnds) to J9832 9,546.78 Traffic Signals 6389 Traffic Signal @ CSAH 22 & H52 West Frtg Rd 29,764.18 Other 1981 Sales tax extension -campaign effort (1,066.55) Trf fnds fr 2005 Contingency to J1981 1,066.55 2019 Fire Safe Escape/Sprinkler Trailer (8,479.20) Trf fnds fr J1994 (Future Construction) to J2019 8,479.20 Total unexpended balances 1,288,359.91 WHEREAS, the above listed projects have been completed and all costs of said improvements have been paid. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Rochester, Minnesota in compliance with the Charter of the City of Rochester, Minnesota, Section 11.10 that: 1. The above named funds shall be discontinued and the total unexpended balances in said funds shall be transferred to the following local improvement project funds: 9L\R Project # ProjectDescd2tion Amount Park 2899 Future Park Acquisition (fr J2886) 1,355.15 Streets 2201 Street Resurfacing (trf tax levy fnds from J9172) 135,050.00 4844 MSAS Funds (trffrom J9172) 112,880.83 4844 MSAS Funds (trffrom J9214) 47,277.75 Pedestrian Facilities 4946 Bikeways 8307 Sidewalk Construction - City Share -- trf from J4601 8307 Sidewalk Construction - City Share -- trf from J9284 Sanitary Sewer & Watermain 7733 Sn/S 12 St fr WSIvrLkDr to 2 Av NW -- trf from J2133 Traffic Slanals 6308 Traffic Signal Replacement Program Total unexpended balances transferred 6,782.08 32,707.94 0.28 922,541.70 29.764.18 $ 1,288,359.91 2. The following is a summary of transfers that were recorded in 2005 based on documentation from various sources. These transfers do not result in the closure of specific projects. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Rochester, Minnesota that the following transfer amounts be officially and formally accepted and approved. Project Number Proiect Description Amount 1980 Trf fnds fr Gen Fnd Contingency to J1980 (DME Concern) 12,146.33 2247 Trffnds fr J9883 (50th Av NW) to J2247 (Hwy 52) 950,832.00 2247 Trf fnds fr 49631 (Sewer Fund) to J2247 (Hwy 52) 705,000.00 2273 Trf fnds fr J2200 (Street Rehab) to J2273 (Douglas Trail Brdgs) 450,000.00 2937 Trf fnds fr 422 (Sales Tax) to J2937 (RCTC Health Science Center) 153,053.17 2939 Trf fnds fr 422 (Sales Tax) to J2939 (UCR Football/Soccer Stadium) 26,477.75 ITRF Trf fnds fr J1005 (P&F Storage Fclty) to BU 49911 (ITRF Fund) 31,772.62 4008 Trf fnds fr 49650 (Storm Wtr Utility) to J4008 (Cnstr Pond Kr-p1.8c) 30,000.00 4008 Trf fnds fr J6501 (Storm Wtr Mgmt) to J4008 (Cnstr Pond Kr-p1.8c) 30,000.00 4604 Trf fnds fr 422 (Sales Tax) to J4604 (Salem Rd SW Bike Trl) 115,200.00 4607 Trf fnds fr J4606 (HC Ramps -Future) to J4607 (2005 Ped Ramps) 44,270.00 6505 Trf fnds fr 49650 (Storm Wtr Utility) to J6505 (Resolve Drainage Prblm Areas) 90,000.00 )/I 6523 Trf fnds fr 422 (Sales Tax) to J6523 (Wdlnd Dr SW SUS Ext fr Salem Hts Dr) 6528 Trf fnds fr 49650 (Storm Wtr Utility) to J6528 (Cnstr zrp2.5b) 6528 Trf fnds fr J6501 (Storm Wtr Mgmt) to J6528 (Cnstr zrp2.5b) 6529 Trf fnds fr 49650 (Storm Wtr Utility) to J6529 (St/S along 9 Av NW) 6530 Trf fnds fr 49650 (Storm Wtr Utility) to J6530 (Southwd Twnhms Wtr Issue) 6537 Trf fnds fr 49650 (Storm Wtr Utility) to J6537 (Pond #151-Salem His) 7708 Trf fnds fr J8212 (Sn/S Capacity Relief) to J7708 (Kings Run T/L Sn/S) 7708 Trf fnds fr 49631 (Sewer Fund) to J7708 (Kings Run T/L Sn/S) 7712 Trf fnds fr J8202 (Sewer Availability Chgs) to J7712 (Gravity Interceptor) 7733 Trf fnds fr 49631 (Sewer Fund) to J7733 (Sn/S 12 St fr WSIvrLkDr to 2 Av NW) 7739 Trf fnds fr 49631 (Sewer Fund) to J7739 (Cnstr Temp Lft Sta #4) 9578 Trf fnds fr 2200 (Pvmt Rehab) to 9578 (Recon 50 Av NW, N or 55 St) 46901 Trf fnds fr J6950 (Airport Future Cnstr) to BU 46901 (Airport Ops) - for NPDES Net Funds Transferred 118,500.00 22,345.00 22,345.00 51,200.00 32,000.00 31, 562.00 639,000.00 914,300.00 1,580, 000.00 1,854,000.00 94,200.00 475,000.00 36,814.80 $ 8,510,018.67 3. The Director of Finance is hereby authorized and directed to put into effect the provision of this resolution as of December 31. 2005 Passed and adopted by the Common Council of the City of Rochester, Minnesota, this 6th day of March, 2006. President of said Common Council City Clerk Approved this day of ,2006. Mayor of said City (Seal of the City of Rochester, Minnesota) Meeting REQUEST FOR COUNCIL ACTION Date. 3106106 kGENDA SECTION ORIGINATING DEPT: Consent Agenda ITEM 1 \NO. Rochester Public Utilities v ITEM DESCRIPTION: PREPARED BY: Consideration of Public Utility Board Action Kathy Wilson The Rochester Public Utility L,oard has approved the following on February 28, 2006 and requests the Common Council's favorable consideration: to approve a resolution to approve a proclamation declaring a local emergency, and that the Council consent to the Mayor's proclamation for Cascade Creek Unit 1 Gas Turbine Repair/Replacement - to approve a resolution to Contract During an Emergency that allows RPU staff to contract on behalf of the City for repair or replacement of the Cascade Creek Unit 1 Gas Turbine subject to the approval of the RPU General Manager and the City Attorney. to approve a resolution to approve the acquisition of the subject 48.96-acre site for $980,000.00 and, if possible, the purchase of the additional 1.36-acre site for $20,000.00, and authorize the Mayor and City Clerk to execute the Settlement Agreement defining the stated terms of the sale(s) for Settlement for Acquisition of Willard and Dorms Anderson Property for construction of RPU Electrical Substation. The amount of the Settlement Agreement to be ONE MILLION AND 00/100 DOLLARS ($1,000,000.00). (Note: At the City Attorney's request, the, Settlement Agreement was revised to a Purchase Agreement which the Anderson's subsequently signed.) GENERAL MANAGER: x// a,�t COUNCIL ACTION: Motion by: Second by: to: RV 1of2 FOR BOARD ACTION Agenda Item # 9. a. Meeting Date: SUBJECT: Declaration of Emergency Cascade Creek Unit 1 Gas Turbine Generator Fire PREPARED BY: Wally Schlink, Directc:• of Power Resources ITEM DESCRIPTION: 2/28/06 Cascade Creek Unit 1 Gas Turbine (CCGTI) suffered significant damage due to a fire in the generator section of the generating unit. The fire severely damaged the electrical windings and insulation to the point of rendering the unit inoperable until such time the major components are replaced or undergo major repairs. The utility contacted our insurance carrier and they conducted a site visit and physical inspection, reviewed the condition assessment reports from the original equipment manufacture and they agree with staff on the assessment of the condition. Staff also contracted Siemens, the OEM to disassemble, test and evaluate the condition of the unit and they agree with the staff assessment. The loss of this unit calls for immediate action to prevent a disaster from developing and creating a serious threat to the health and safety of people and may result in catastrophic loss if not immediately addressed. The Declaration of Emergency is requested based on the following conditions. • The CCGTI unit is the only unit in the RPU system that has the ability to "black start" or generate electrical power under outage conditions. This means if there is a major outage of the Rochester electrical system such as occurred in 1998, there are not any options to restore power to our community in the RPU system. During the 1998 outage, surrounding communities were without power for days, RPU was able to restore within hours based on the availability of CCGTI. • The RPU emergency restoration plan is centered on the ability of CCGTI being available to restore power during a blackout. • RPU has approximately 75 "life support" customers on our system that cannot tolerate extended electrical outages without endangering their health and safety. • RPU has the Mayo system hospitals and the Olmstead County facilities on our system and with that comes significant responsibility to minimize outage time. During the 1998 outage, St. Mary's Hospital was blacked out and unable to restore without outside assistance, endangering the health and welfare of the patients. • An extended electrical outage would present significant public safety issues with the loss of street and security lighting, loss of traffic signals, loss of many public and private services, r 3 �3 OC Gefi6ral Manager Date 2 of 2 FOR BOARD ACTION Agenda Item # 9.a. Meeting Date: 2/ 28/06 loss of supply of heat and/or air conditioning, potential loss of potable water and sanitary systems. • An extended electrical outage would present significant economic impact to the citizens negatively affecting their welfare. • An extended electrical outage would present significant potential of environmental damage due to loss of functionality of control devices such as oil separators, emission monitoring and control equipment, etc. UTILITY BOARD ACTION REOU?STED: Staff recommends that the Board requests that the Mayor issue a proclamation declaring an emergency due to the loss of CCGTI and that the declaration of emergency be in effect until the return to service of the unit, and that the Council consent to the Mayor's proclamation. General Manager Date 1 of 2 FOR BOARD ACTION Agenda Item it 9. b. Meeting Date: SUBJECT: Resolution to Contract During an Emergency Cascade Creek Unit 1 Gas Turbine Generator Fire PREPARED PY: Wally Schlink, Director of Power Resources ITEM DESCRIPTION: 2/28/06 Cascade Creek Unit I Gas Turbine (CCGTI) suffered significant damage due to a fire in the generator section of the generating unit. The fire severely damaged the electrical windings and insulation to the point of rendering the unit inoperable until such time the major components are replaced or undergo major repairs. Staff has previously recommended that a Resolution Declaring an Emergency because of the generator fire be approved by the Board and Council and the request for Resolution to Contract During an Emergency is predicated on that resolution receiving approval by the governing bodies. The 2 options available to RPU for restoration of the unit are 1.) the replacement of the unit with a used generator or 2.) the repair of the major existing generator components. Staff has taken a parallel approach to evaluating the preferred alternative for restoring the unit to service. We have solicited proposals for the repair of the unit from several firms and allowed as an alternative, the supply and installation of a used unit. Staff, along with our insurance company, will evaluate the condition, availability, schedule and appropriateness of the installation of a used unit along with the corresponding issues related to repairing the existing unit and requests approval to enter into an agreement with the organization that provides the best solution to return the CCGT1 to operational service in a timely and technically sound manner. Staff has taken this somewhat unique approach due to the huge number of variables that will determine the preferred method of restoration. These include results of technical testing that will determine repair scope, condition of used units, schedule of repairs or installation, availability of critical materials and components, technical evaluation of repair firms, availability of the highly skilled crafts to support restoration efforts, concurrence of our insurance company with our restoration methodology as well as other key variables. Staff anticipates the restoration of the existing equipment or the purchase and installation of a suitable used unit will cost approximately $2,000,000. Since the majority of this cost should be borne by our machinery insurance carrier, staff has involved the insurance company, their claims representative and insurance adjusters as well as their technical consultant throughout this process and they will have to concur with our decisions as being both technically and economically sound. i t� a d 3 Gq66ral Manager bate 0 r FOR BOARD ACTION Agenda Item# 9.b. Meeting Date: 2/28/06 UTILITY BOARD ACTION REQUESTED: Staff recommends that the Board recommends that the Common Council issue a Resolution to Contract During an Emergency that allows staff to contract on behaV of the City for repair or replacement of the Cascade Creek Unit I Gas Turbine subject to the approval of the RPU General Manager and the City Attorney. General Manager Date Agenda Item # 12. SUBJECT: PREPARED BY: ITEM DESCRIPTION: FOR BOARD ACTION Meeting Date: 2/28/06 Acquisition of Property for Electric racility Joseph S. Hensel, Director of Field Services The 2005-2030 Electric Infrastructure Plan identified the need for a power generation facility along with other power supply resources and DSM as lowest -cost approach to meet the RPU demand and energy requirements to the year 2030. The 2003 Electric System Planning Study identified the need for a new substation to serve the distribution load of the continued development on the west side of Rochester. In 2005 RPU staff, with the assistance of an engineering and environmental consultants, evaluated the general location for a multi -purpose electric facility and conducted a site screening study on several parcels of property in Cascade and Kalmar Townships, located between Rochester and Byron. Criteria used in the evaluation of the sites included: proximity to existing or proposed transmission routes, availability of natural gas, alternative fuels and fuel storage, land use and zoning, and various environmental, permitting and site suitability factors. A brief Power Point presentation will be presented at the Board meeting summarizing the Site Screening Study, with conclusions and recommendations. The preferred site is located in the SWIM of Section 30 Cascade Township in the southeast quadrant of tl. _ intersection of 60ei Avenue and 19a' Street NW. The parcel is approximately 50 acres. An independent appraisal has been performed and part of the report is provided for board review. RPU designated Mike Nigbur of Rochester Public Works as our agent in negotiations with the property owner. The owners, Willard and Donna Anderson, are willing sellers. An offer has been made and accepted by the Andersons (contingent on Board and Council approval). The total amount of the offer is $1,000,000. Mr. Nigbur will be attending the board meeting and available to answer questions regarding the negotiations. He has also prepared a draft Request for Council Action (RCA) that explains some of the details associated with the offer. A copy of the draft RCA is provided. Staff recommends that the Utility Board request Council approval of the resolution authorizing acquisition of the subject 48.96-acre site for $980,000.00 and, if possible, the purchase of the additional 1.36-acre site for $20,000.00, and authorize the Mayor and City Clerk to execute the Settlement Agreement defining the stated terms of the sale(s). Ge eral Manager 15ate REQUEST FOR COUNCIL ACTION MEETING DATE: 316/06 AGENDA SECTION: ORIGINATING DEPT: ITEM 0. CONSENT AGENDA Public Works. ITEM DESCRIPTION: Real Estate — Property Acquisition Authorization for the East PREPARED BY: Zumbro Interceptor Sewer (J2175) /1) JM. Nigbuf The City will be constructing an interceptor sewer from 37In Street NE to and through Cascade Creek Crossing at 13 1/2 Street NW. Based on the designs that have been developed, City staff pursued acquisition of rights for a permanent utility easement and a temporary construction easement. Based on the continued negotiations between the City and Alfred I. Anderson, III, the property owner of 2311 East River Rd NE (Part of Section 26, Township 107 North, Range 14), a preliminary settlement has been reached. The City agrees to pay to Alfred I. Anderson, III $2,300.00 as total compensation for the acquisition. �� N89'49't8'W NW COR. 68.31 TRACT -. N89-49'18-W •-.',� 38.78 ? I WILY LINE TRACT— P.O.B. P.S.E. P.O.C. T.C.E. -- SW COR. TRACT NW COR. FAST RIVER SURD. — N I INE TRACT ALFRED I. ANDERSON h KATHRYN JUNE ANDERSON TRUST TRACT DESCRIBED IN BOOK 3B7 OF DEEDS PAGE 315 S-LINE TRACT - S89-49.18-E `— P.O.B. 36.78 T.C.E. N-LINE EASTRIVER 589'49'18'E SUBDIVISION 68.31 ♦y.,...ns�...r�m.i,bWn3w...e.ev.11�nu.la3b IExd3.x3xaSm,x, Twxel+n 101 NoxVRp NM'.a.01,YH Lx.f/,Nba gYbeb9bktis S.�dad3bxa1bxl3x,IKa4a Rrr YlWYb,.natrY W miNdmatllnMdball.QYeb1 Ov.yxmL.93tl m„x 9R3 M 9eare+Mb d. bYa W Jm301 Y,B]a191J a0s6.rY 913. N Omnba NmOx M:3144 a wmdr, e�. dvpxo,LxbdvB 1WwSM2 dvdx.amxW,YBtlwMCWmIHdNnI1Mg11a31]1 x.tSbb.xlrulew.96.19bxb,,damb n.nbamngr.o,wrinea,n]Iwdaq W1 NpT W bb Mab.W 0,�dd1 s%I.,o S1TM%3'E M9A51bIdm3luRlMb aorf bebn 9FCA17 PITY,Iaby,NQ.CI.tlbrntlNbdI.IM3G.alYN. ME - IEYPORNi! WISfRnCinx FASDI911 rePerW,.b,9b.Ym.Y„am.n9n'rRNix3q PVMcaar P.ldM x6ca3.xExd3edon 18. TowM{ fOt R+S�x.P NYlbI WMe9Cnnl9. Yn�rawGcbd�ibs me - R]IxNiFNf :EYhA DSBFIIf Can,b,d'pab NH�w01Cln,btl Fwtp9vsmN4,,na9tlxptlm 4.4dbmtlbMabaN a9.xd cwy wrna.. m m,w bYq b 4odbrlmr a. M a 4xd Oba3e0 b Bm199T a obm. PP 914ONx,v9I9ASb, badddvtl x.ma., 9.w a,49,.Noln4wd.da.ex,bYn.Y 9oNxn Im ]W ab b3pb lma,W3fow9Goi.b 9Yama WDnnxMMjrrN,9L3RW13E 9]I 0 9D 1.1bw vwar93an9:xrs�..y ssr1NSE,93.nrdxp9.xsm,xx:mxb.xtr«13W.9w.0 ftmd wbxwl4mN xdnx.a�9bz 1,.o.rm'131nv, xnrlaao.Bxenw:9r,a 9v«•Irt. COUNCIL ACTION REQUESTED: Staff recommends approval of payment in the amount of $2,300.00 to Alfred I. Anderson, III for the needed utility rights on his property. Alfred Anderson will execute the necessary conveyance documents. COUNCIL ACTION: Motion by: second by: to REQUEST FOR COUNCIL ACTION MEETING DATE: 3/6/06 ­VDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works l ITEM DESCRIPTION: Advertisement of Bids: East Zumbro River Sanitary Sewer PREPARED BY: Interceptor, J2175 dAa J. Loehr 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 Tuesday. April 11, 20C3 and considered by the City Council on Monday, April 17. 2006 for the following project: Project No. 7700, J2175 "East Zumbro River Sanitary Sewer Interceptor from 37" Street NW to 13-1/2 Street NW". The East Zumbro River Interceptor project is included in the 2006 - 2011 Capital Budget, Sewer and Water, Page 60, Item No. 5. The project is necessary to provide relief to the existing 48" sanitary sewer interceptor that is located on the west side of the Zumbro River. The East Zumbro River Interceptor is the second phase of the trunkline sanitary sewer upgrade that begins at 37'" Street NW on the north end and extends to West Silver Lake Drive at 121" Street NE on the south end. The first phase of the project the 12" Street sanitary sewer bypass was constructed in 2005. The East Zumbro River Interceptor will also provide for future growth of the southerly one-half of the City The project is proposed to be funded by Sewer Utility Revenue Bonds, from reserves assigned to J8212 (previously collected Sewer Availability Charges for downstream capacity) and from Sales Tax appropriated to the Water Quality Protection Program (WQPP) as portions of WQPP Sales Tax receipts are intended to upgrade the existing trunkline sanitary sewer system. COUNCIL ACTION REQUESTED: A resolution should be adopted authorizing the City Clerk to advertise for bids and conduct a bid opening on April 11, 2006 at 11:00 AM. Note to City Clerk: Advertise 3 times in the Post Bulletin and Construction Bulletin beginning March 10, 2006. Attachments: Notice of Bids Project Location Map COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETII DATE: AGENDA ORIGINATING DEPT: ITEM NC CONSENT AGENDA PUBLIC WORKS I Cl\- PURCHASE OF BUSES PREPARED BY: A KNAUER, On March 13, 2002 bids were received for the purchase of up to twenty-eight (28) buses for the City of Rochester over a 5 year period. The City has to Fate taken delivery on 24 of these buses with 4 left on the option. The City currently has an approved grant for 1 bus and is working on the funding for the remaining 3. The CIP calls for 4 buses in 2006. The Gillig contract allows for the unit price to be adjusted based on the Producer Price Index. Since April, 2002 through September, 2005 the PPI for this category had increased almost 16%. (The PPI for October through January is still preliminary but would indicate an increase of almost 19% since April 2002.) The increase is due to demand for steel and heavy equipment. Staff and Gillig discussed this increase in the PPI index. Gillig agreed to a lesser amount based on capping the annual PPI escalation to no more than 5%. This amounts to approximately a 9.7% increase since the original award in April, 2002. The last bus order under this contract in January 2005 had a per unit cost of $288,223. The unit price under this order with all previously agreed change orders, extended warranty and PPI adjustment as capped is $299,943. Staff is preparing a grant to the FTA for the 3 remaining buses. Local share for the purchases is available. REQUESTED COUNCIL ACTION 1. Adopt the prepared resolution awarding a contract to Gillig Corporation for the purchase of up to four buses at a cost of $299,943 per unit. The order for 1 bus will be signed immediately with the remaining 3 buses to be ordered if and when the FTA funding is obtained. JNCIL ACTION: Motion by: Second by: [o: REQUEST FOR COUNCIL ACTION MEETING DATE: 3/6/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works b 15 E t cM DESCRIPTION: Revocable Permit: Business signage at Lot 5, Block 1, Circle PR PARED BY: Drive Business Center M. Nigbur7r K & F Properties LLC the Owners of Lot 5, Block 1, Circle Drive Business Center have requested the City issue a revocable permit for the placement of business signage within an existing utility easement. The electric conduit for the business signage will be placed within an existing drainage easement adjacent to said utility easement. The signage to be installed will announce the business of the tenant at said location. The face of the proposed sign is 10' by 6' 1.5' and located 25' above grade. Staff has reviewed the request and would recommend in favor of granting a Revocable Permit. The Owners have executed the Revocable Permit, which includes the standard language for revocation and liability protection for the City. •oRlau• CIRCLE DRIVE BUSINESS CENTER 9aoo'oo" wo 93 $� 9 2 ., a. L•2]z.N `4.1 P e. CW.Z 39950 xx .q --., -y gym^ l9'301C � l � 9990 1[ r 1 .r n I r I 5 Y, vIJ.Jgc9�TT-atl3aJ9 �,��g'/fi 1�1J®� ��� 2 1,. 6 w•"ter Sign Location _ 'S a ... ,. 4 1 t k gg t 89 z Sg ._.... �. 2 �k `11 IY� .w.r I z I .. it `^-�..•T.."."��� :G.� 11ioSia -- 3]]:13 x8 '1 OS' xRT09 9 t x6/9939 441 1s9.xi � Haue<m S .DY3546" 5.32 w]] t UI CIRCLE DRIVE Rl151NE55 CENTER SHEET NO. OF i COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the revocable permit with K & F Properties LLC, for the property described as Lot 5, Block 1, Circle Drive Business Center for the placement of business signage within existing utility and drainage easements on subject property. L.uUNCIL ACTION: Motion by: __ _ _ _ ___ Second by: to: REQUEST FOR COUNCIL ACTION MEETING 63 ' DATE: 3/6/06 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: ITEM NO. Public Works I (1_ ITEM DESCRIPTION: Contribution Agreements — Remediate Water Infiltration for PREPARED BY: Southwood Townhomes (J-6530) nJV1 NigburM,41 The owners of the Southwood Townhome property (Lots 1-4, Block 1, Southwood Replat) have encountered subsurface wa er drainage and infiltration difficulties that have plagued their units since their construction in 1983. The owners have requested assistance from the City to address these difficulties. The City Council directed staff to begin the engineering study and analysis needed to full define the issues, select possible remedies, and better define a project cost. The final costs to correct the difficulties at Southwood Townhomes have been determined and each owner has executed a Contribution Agreement outlining their portion of costs for completion of the project. There are four owners of the Southwood Townhome property that will benefit from the completion of the above project. Each owner will be responsible for 25% of the total cost of the project that has been determined to be $80,807.44. The owners may pay their share of the cost within 30 days of invoicing or allow the City to assess their share at a rate of 5.75% interest over a 20 year period. Owners will also be responsible for any construction related fees incurred outside the terms of the Contribution Agreement and any fees incurred that are not construction related. Adopt a Resolution authorizing the Mayor and City Clerk to execute the Contribution Agreements with the four owners of the Southwood Townhome property that will benefit from the project to mitigate the subsurface water drainage and infiltration previously experienced on their property (J-6530) COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: PUBLIC WORKS ITEM DESCRIPTION: Award of Contract: (J6530) Remediate Water Infiltration Southwood Townhomes Bids were received and opened improvement project: 1:00 a.m., on February Project Name & Number City Project No: M5-17 (J6530) Remediate Water Infiltration Southwood Townhomes DATE: �i 0310612006 ITEM NO. 7 PREPARED BY: D.Nelson� for the following local Project Background: During 2005 the City Council approved a Professional Engineering Services Agreement with McGhie & Betts, Inc., for engineering analysis, study and design services for the preparation of plans and specifications for a project to remediate the water infiltration concerns for Southwood Townhomes. The project is not included in the current 2006 -2011 Capital Improvement Program. It is intended that the project costs for all the work accomplished on the private property will be funded by the benefiting property owners. The followinq quotes were received: Total Bid 1. Blitz Construction ............................$ 90,214.90 2. Pember Excavating ...........................$ 98,338.45 3. Swanson Excavating .........................$ 104,591.24 4. Winona Mechanical ...........................$ 119,501.50 5. Elcor Construction .........................$ 131,812.00 Engineers Estimate................................S 100,961.00 Funding for the project will come from the property owners for their share ($62,928.90 plus design and construction management fees) and for the City Share from J-2200 ($27,286.00 plus design and construction fees). Protect Action: The Property Owner have signed agreements paying for the costs associate with the work on private property, as such, the Public Works Department recommends the City Council proceed with an award to the low bidder. COUNCIL ACTION REQUESTED: ({ Adopt a resolution awarding the contract, (J6530) "Remediate Water Infiltration Southwood Townhomes" to Blitz Construction. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 03/06/06 111NDA SECTION: ORIGINATING DEPT: ITEM NO. I Q CONSENT AGENDA Public Works ` v ITEM DESCRIPTION: Advertise for Bids: (J4610) PREPARED BY: 2006 Sidewalk Repair and Replacement in Various Locations. J. Wellner�/ This is a request for a resolution to advertise for bids for the following project: Proiect: City No. M6-04 (J4610) 2006 Sidewalk Repair and Replacement of public sidewalk in various locations. Proiect Background The Project to repair and replacement of public sidewalk at various locations was included in the City's 2006 — 2011 Capital Improvement Program, with a recommended 2005 construction. A portion of the costs of this project will be charged to abutting property owners and the remaining costs will be paid by general tax levy budgeted to fulfill the city's sidewalk maintenance obligations under current city policy. Annually the Department of Public Works inspects a portion of the public sidewalks within the city. Inspections are conducted pursuant RCO Chapter 72. These inspections are conducted in response to citizen complaint or reports of sidewalk falls. In addition, a portion of the city is designated for sidewalk inspection each year. Inspections are conducted keep the public sidewalks in repair and safe for pedestrians as set forth in Chapter 72. The owner of the property abutting a sidewalk with a safety defect is duly notified, advising the property owner of their responsibility to repair the sidewalk. The property owners are given the option to repair the sidewalk themselves, to hire a licensed contractor or to have the city complete the repairs. Should the property owner fail to make the required repairs with the 60-day time period set forth in Chapter 72, the city will then proceed to make the repairs. The city will then bill the property owner for any repairs made by the city. Although city forces complete a large number of sidewalk repairs each year, more sidewalk repairs fall to the city forces than can be completed with staff available. Whenever, the backlog of sidewalk repairs becomes large, staff requests that a public project be conducted by private contractor. The last such project was completed in 2002. The backlog has again grown so large that another sidewalk repair and replacement project is needed. A resolution should be adopted authorizing the City Clerk to advertise for bids and conduct a bid opening on April 12, 2006 at 11:00 AM. COUNCIL ACTION REQUESTED: Note to City Clerk: Advertise 3 times in the Post Bulletin and Construction Bulletin beginning March 17, 2006. Attachments: Notice of Bids COUNCIL ACTION: Motion (�t / REQUEST FOR COUNCIL ACTION MEETING DATE: 0 06/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D R ITEM DESCRIPTION: Advertise for Bids: (J4609) PR PARED BY: Construction of Public Sidewalk at Various Locations. Weiner This is a request for a resolution to advertise for bids for the following project: Project: City No. M6-01 (J4609) Construction of public sidewalk at various locations. Project Background The Project to construct public sidewalk at various locations was included in the City's 2005 — 2010 Capital Improvement Program, with a recommended 2005 construction. The costs of this project will be paid from assessment charges to abutting property owners. Project and Assessment Hearing is scheduled for this council meeting and if the council acts to proceed with the project and with the assessments the advertisement for bids should be considered as the next step in the project. A resolution should be adopted authorizing the City Clerk to advertise for bids and conduct a bid opening on April 12, 2006 at 11:00 AM. COUNCIL ACTION REQUESTED: Note to City Clerk: Advertise 3 times in the Post Bulletin and Construction Bulletin beginning March 17, 2006. Attachments: Notice of Bids PnUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 3/6/06 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: Public Works ITFM NO. - i i cM DESCRIPTION: Supplemental Agreement #7 Project # M3-29 (J7222) PRE.BY. Chateau Road N.W. M. Easley ;I �- The plans provided fo: the construction of Chateau Road N.W. from West Circle Drive to Villa Road. The plans further provided for storm sewer improvements associated with the roadway construction. During the course of storm sewer construction a solid rock formation was encountered at a shallow elevation. This rock was not anticipated and although it could be a)Cavated, it could not be used for bedding or backfilling of the storm sewer pipe. Additional materials were therefore needed to bed and backfill the storm sewer. The Engineer has prepared Supplemental Agreement #7 Project # M3-29, (J7222) in the amount of $2,634.80 to cover the cost of 1. The placement and compaction of 376.40 tons of granular material for bedding and backfill of the storm sewer. The Department of Public Works has reviewed costs associated with this agreement and find them typical to bid prices for granular materials. COUNCIL ACTION REQUESTED: Adopt a resolution authorizing payment of Supplemental Agreement # 7 in the amount of $2,634.80 Project # MO-29 (J7222) Chateau Road N.W. t,UUNCIL ACTION: Motion by. Second by. to: REQUEST FOR COUNCIL ACTION MEETING DATE: 3/6/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO.^ CONSENT AGENDA Public Works ITEM DESCRIPTION: Supplemental Agreement #1 Project #MO-74, (J9708) PR PARED BY: Overland Drive N.W. i M. Easley s. The plans provide for the construction of Overland Drive N.W. from 181h Ave. to '3andel Road. The plans further provide that temporary seeding of slopes and excavated soils may be required to comply with MPCA storm water permit regulations governing this project. The Engineer has determined it necessary to provide for the temporary seeding on the project, in areas susceptible to erosion. The special provisions for this project provided the unit cost for this work to be accomplished. Supplemental Agreement #1; Project # MO-74 (J9708) has been prepared in the amount of $5,525.00 to cover the cost of: 1. 17,000 Gallons of Rapid Soil Stabilization, Method 3 The Department of Public Works has reviewed this agreement with MNDOT, which has determined that the costs of this agreement are eligible for Federal and State Aid participation. COUNCIL ACTION REQUESTED: Adopt a resolution authorizing payment of Supplemental Agreement #1 in the amount of $5,525.00 Project # MO-74 (J9708) Overland Drive N.W. GuUNCIL ACTION: Motion by: second by. to: REQUEST FOR COUNCIL ACTION MEETING J ' DATE: 3/6/06 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: ITEM NO. Public Works I N ITEM DESCRIPTION: Supplemental Agreement #1; Project # 6255-4-99 (J9579) PREPARED BY: 55`h St. N.W. rut M. Easley,, . The plans provide for the construction of 55th St. N.W. from 52nd Ave. to 60'" Ave. N.W., as well as, the construction of a Bike Path along the south side of the roadway. During the course of Bike Path construction, soils were encountered that were both wet and unstable for the bike paths foundation. Efforts to dry the existing soils improved conditions but not to a point of constructability. The Engineer determined it necessary to take additional measures to insure for quality path construction, and provide for a stable foundation for the bituminous path. Supplemental Agreement #1; Project #62554-99 (J9579) has been prepared in the amount of $9,762.50 to cover the cost of: 1. 1250 lineal feet of geotextile fabric under the path. 2. Additional 3" of Class 2 aggregate added to the path section. The Department of Public Works has reviewed the costs associated with this work and find them reasonable to the work involved. MNDOT has found the costs of this agreement to be eligible for State Aid participation. COUNCIL ACTION REQUESTED: Adopt a resolution authorizing payment of Supplemental Agreement #1 in the amount of $9,762.50 Project 6255-4-99, (J9579) 55' St. N.W. COUNCIL ACTION: Motlon by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 3/6106 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works .93 EM DESCRIPTION: Supplemental Agreement #2; Project # 6255-4-99 (J9579) PREPARED BAct 55'h St. N.W. ( M. Easley Th> plans provide for the construction of 55th St. N.W. from 52no Ave. to 60'h Ave. N.W. The provisions further provide that the bituminous surfacing on the roadway be paved with a 2350 mixture designation. Specifications for 2350 Bituminous pavement impose certain quality control requirements on the Contractor. These requirements include compensation incentives for meeting the requirements of the specification and disincentives for failing to do so. During the course of Bituminous Paving on the project tests were taken to verify the level of quality control on the roadway surfacing. Certain test results on the first two days of paving determined that specified 2350 Mixture Properties were not achieved and subject to reduced payment. The Engineer, in accordance with specification, deems it appropriate to impose disincentives on the compensation to the Contractor for this work. Supplemental Agreement #2 Project #62554-99 (J9579) has been prepared in the amount of a net deduct of ($5,646.16) to reflect the disincentives of: 1. 85% payment for 850 tons of 2350 Bituminous placed 11 /4/04. 2. 85% payment for 307 tons of 2350 Bituminous Placed 1115104. The Department of Public Works has reviewed the costs associated with the reduction in payment and find them consistent with the schedule for reduced payment for mixture property failures of this nature in specifications. COUNCIL ACTION REQUESTED: Adopt a resolution authorizing assessment of the disincentives itemized in Supplemental Agreement #2 in the amount of ($5,646.16) Net Deduct, for Project 6255-4-99, (J9579) 55h St. N.W. OUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works 2i' ITEM DESCRIPTION: AWARD OF CONTRACT: (J2588) PREPARED BY: Demolition of Buildings located at 300 1" Street NE /Kelm L� Bids were received and opened after 11:00 a.m., March 1, 2CJ6 for the following local improvement. Project: City Project No: J2588 Demolition of Buildings located at 300 1s' Street NE Project Background The City has purchased Lot 65; Less the South 132 feet; City Lands Section 36, otherwise known as 300 1' Street NE. The Civic Center North parking lot will be expanded this summer under a separate contract, as such; the 3 buildings located at 300 1' Street NE are scheduled for demolition. McGhie & Betts, Inc completed an Asbestos and Hazardous Material report for the site. An asbestos removal contractor will complete their work prior to the start of this demolition contract. The demolition project estimated at $50,000 is to be funded from J2588, since the lot will be turned into a parking lot. Civic Center North Parking Lot 300 1" St The following bids were received: Total Bid 1. Blue Earth Environmental $ 43,561.00 t 2. Bob Braatan Constr $ 48,980.00 r . 3. One -Call Contracting Inc. $ 49,450.00 4..Fraser Construction Co. $ 51,277.50d ,f 5..Landwehr Construction Inc $ 60,865.00 6..Winona Mechanical Inc. $ 62,982.00 " u. Engineers Estimate $ 50,000.00 Project Recommendation: The Public Works Department recommends the City Council proceed with an award to the low bidder. COUNCIL ACTION REQUESTED: Adopt a resolution awarding the contract, (J2588) Demolition of Buildings located at 300 1 ' Street NE to Blue Earth Environmental. UNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda Public Works 0 -� • t EM DESCRIPTION: Agreement — Century Point Second li 3/6/06 PARED BY: M. Nigbur, Century Point LLC and City Staff have had discussions relating to platting and development of property owned by Century Point LLC as a single family residential development and the impacts on the public infrastructure resulting from the development of the property. Based on the continued 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: • Traffic improvements/management including: R,)adway Construction, controlled access, and traffic signage. • City/Owner contract • Grading and Drainage • Pedestrian Facilities • Real Estate & Park Dedication • Extension of utilities and timeframe for Development • Storm Water Management • Owner's payment of the development related charges including Storm Water Management, Sanitary Sewer Availability and Water Availability Charges. Staff recommends the Council approve the Development Agreement. Century Point LLC has executed the Development Agreement. COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the Development Agreement with Century Point LLC. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE -13 3/6/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D - i i cM DESCRIPTION: Advertisement of Bids: Extension of Sanitary Sewer from the REA PREPAREJBY: Sub-Trunkline to Rochester Towne Club Development, J7745 J. LoThis is a request for a resolution to advertise for bids. The bids will be received until 11:00 Aat the office of the City Clerk on Thursday, April 6, 2006 and considered by the City Council on Monday, April 17, 2006 for the following project: Project No. M5-30, J7745 "Extend Sanitary Sewer from the REA Sub-trunkline to Rochester Towne Club Development, Upgrade REA Sub-trunkline Sanitary Sewer, and Drainage Ditch Improvements from TH 14 East to Stormwater Pond EP-16". The sanitary sewer extension project is included in the 2006 - 2011 Capital Budget, Sewer and Water, Page 60, Item No. 10. The sanitary sewer extension is necessary to provide sewer service to portions of Rochester Towne Club Development that is located north of Eastwood Road SE, and to a small portion of the Development that is located south of Eastwood Road SE. The 2006-2011 CIP does not include the REA sub-trunkline upgrade or the ditch work. The REA upgrade is necessary to provide sanitary sewer capacity to the REA sewer service area lying east of East Circle Drive. The drainage ditch is necessary to convey storm water from Rochester Towne Club Development to the stormwater pond Ep-16 that is located east of East Circle Drive. The extension of sanitary sewer from the REA sub-trunkline, the drainage ditch work and the REA sub- trunkline sanitary sewer upgrade are necessary to coincide with the Rochester Towne Club Development. The project is proposed to be funded by contributions from Platinum Development for the extension of sanitary sewer from the REA sub-trunkline to Rochester Towne Club, Sewer Utility Share for the upgrade from the east side of East Circle Drive to approximately feet west, and from stormwater management fees for the construction of a drainage ditch from TH 14 to Stormwater Pond EP-16. COUNCIL ACTION REQUESTED: A resolution should be adopted authorizing the City Clerk to advertise for bids and conduct a bid opening on April 6, 2006 at 11:00 AM. Note to City Clerk: Advertise 3 times in the Post Bulletin and Construction Bulletin beginning March 10, 2006. Attachments: Notice of Bids Project Location Map COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 3/6/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D -2:7 ITEM DESCRIPTION: Real Estate - Settlement for Right of Way Acquisition to purchase a PREPARED BY: portion of Cumulus Media Rochester Property as part of Cascade Lake Project M. Nigbur v� Cumulus Media Rochester owns property that is part of the Cascade Creek corridor located in the southwest corner of the intersection of TH 52 and TH 14. The City has an interest in relocating a portion of Cascade Creek further north within the subject property. The portion of the property impacted by this concept is currently impacted by existing drainage, floodway, flowage easement and likely wetlands. Though this property would become part of the Overall Cascade Lake Project its use would primarily remain as it is today, a part of the creek corridor. The City staff also negotiated additional land area for connection of the Bike path between Cascade Lake and HWY 52. Cumulus Media Rochester has agreed to sell the 2.5-acre parcel to the City of Rochester for $25,000.00. The City would be responsible for all fees to record the needed conveyance documents and state deed tax. Staff recommends the purchase of the subject parcel for $25,000.00. "� 'i M � t• a '.-. . 1� t w 1� � X• 4<t .4t.4"'V rX'tn s 4 4 - - , '•.s� � - '7��'t� y y 1 •� � yl pit R .'K 5•m.+n Ti. l 41 COUNCIL ACTION REQUESTED: Authorize Staff to purchase the subject parcel for $25,000.00 and to pay all fees to record the needed conveyance documents and state deed tax. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 03/6/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D_ 2n ITEM DESCRIPTION: AWARD OF CONTRACT: (J6526) PREPARED BY: Storm Sewer Along 2Id Street S.W. along Grandville frontage D. Nelson Bids were received and opened after 11:00 a.m., on March 6, 2006 for the following local improvement project: Project: City Project No: SWM-9-05 J6526 Storm Sewer Along 2"d Street S.W. along Grandville frontage Project Background The purpose of this project is to provide improvement to the existing stone sewer system south of 2nd Street S.W. and direct existing flows east toward storm sewer regional ponding facilities north of Shorewood Senior Housing complex. The current storm sewer system is inadequate to serve this area and frequent flooding of storm water with direct flows into the future Cascade Lake require we intercept the flows and pipe it to a more appropriate treatment facility. This project is included in the 2006 CIP on Page 68 Item 12 Unded by Storm Water Utility fund and Storm water management charges. The following Bids were received: 1. A-1 Excavating $299,789.95 2. Swenke Construction $322,168.75 3. Road Constructors $338,925.85 4. Park Construction $350,244.91 5. Blitz Construction $352,123.25 6. Fraser Construction $364,749.00 7. Winona Excavating $447,699.50 Engineers Estimate $ 389,507.05 COUNCIL ACTION REQUESTED: Adopt a resolution awarding the contract — City Project No: J6526 "Storm Sewer Along 2nd Street S.W. along Grandville frontage" to A-1 Excavating at $299,789.95. COUNCIL ACTION: mo5on by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 3/6/06 AGENDA SECTION: ORIGINATING DEPT: CONSENT AGENDA CITY CLERK 1 c DESCRIPTION: TRANSFER OF ON SALE & SUNDAY INTOXICATION LIQUOR ;DONNA ASCHOTr LICENSE FOR THE TWO DOS AMIGOS MEXICAN RESTAURANTS Jorge A. Ocegueda has submitted applications for the transfer of the On Sale and Sunday Intoxicating Liquor Licenses for Dos Amigo's Mexican Restaurant 42, Inc. located at 20 4d' St SE and Dos Amigo's Mexican Restaurant, Inc. located at 1611 Highway 52 North. The former owner was Rueben Leon. The transfer would be contingent on the required fees, insurance certificates, any fees due the City of Rochester and all departmental approvals. A confidential investigative report has been completed satisfactorily. The transfer would become effective immediately. COUNCIL ACTION REQUESTED A motion to approve the transfer of the On Sale and Sunday Intoxicating Liquor License for Dos Amigo's Mexican Restaurant #2, Inc. located at 20 4d' St SE and Dos Amigo's Mexican Restaurant, Inc. located at 1611 • Highway 52 North. C NCIL ACTION: Motion by: Second by to: REQUEST FOR COUNCIL ACTION MEETING • DATE: 3/6/06 AGENDASECTION: ORIGINATING DEPT: CONSENT CITY ATTORNEY'S OFFICE DESCRIPTION: Amendment of Ordinance No. 3747 Concerning City Elected Officials' Salaries ITEM NO. D-3 o TERRY ADKINS At its annual meeting in January, 2006, the Council adopted Ordinance No. 3747 providing for the salaries of the City's elected officials. We have discovered that, pursuant to state law, the Ordinance should have provided for an effective date following the next municipal election and should have addressed salaries for these officials for the years 2007 and 2008. (Because of the way our Home Rule Charter works in conjunction with state law, 2007 and 2008 increases cannot be implemented in 2007 and 2008. They can only be implemented through Ordinance No. 3747.) In order to correct this error, the Council may wish to direct the City Attorney to prepare an ordinance amending Ordinance No. 3747 by providing for an effective date following the next municipal election and by providing for a 2% increase in salaries effective in January of 2007 and January of 2008. Council Action Requested Motion to direct the City Attorney to prepare an Ordinance amending Ordinance No. 3747. UNCIL ACTION: Motion Second In ORDINANCE NO. AN ORDINANCE AMENDING AND REENACTING ORDINANCE NO. 3747 ESTABLISHING THE SALARIES OF THE MAYOR, COUNCILMEMBER-AT- LARGE, AND COUNCILMEMBER FOR 2006, 2007 AND 2008. THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN; Section 1. Ordinance No. 3737 is hereby amended and reenacted to read as follows: Section 1. Pursuant to Section 7.06, subdivision 1, of the City of Rochester Home Rule Charter and Minn. Stat. Section 415.11, the annual salaries of the mayor, councilmember-at- large and councilmember for 2006 are hereby established to be as follows: Mayor $31,837.00 Councilmember-at-Large $23,456.00 Councilmember $18,356.00 Section 2. Pursuant to Section 7.06, subdivision 1, of the City of Rochester Home Rule Charter and Minn. Stat. Section 415.11, the annual salaries of the mayor, councilmember-at- large and councilmember for 2007 are hereby established to be as follows: Mayor $32,474.00 Councilmember-at-Large $23,925.00 Councilmember $18,723.00 Section 3. Pursuant to Section 7.06, subdivision 1, of the City of Rochester Home Rule Charter and Minn. Stat. Section 415.11, the annual salaries of the mayor, council member -at - large and councilmember for 2008 are hereby established to be as follows: Mayor $33,123.00 Councilmember-at-Large $24,403.00 Councilmember $19,097.00 Section 4. EFFECTIVE DATE. Section 1 of this Ordinance shall be effective the day after the next succeeding municipal election. Section 2 of this Ordinance shall be effective as of January 1, 2007. Section 3 of this Ordinance shall be effective as of January1, 2008. Section 2. EFFECTIVE DATE. This ordinance is declared to be retroactive and shall be effective as of January 1, 2006. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS DAY OF 2006. ATTEST: PRESIDENT OF SAID COMMON COUNCIL CITY CLERK APPROVED THIS DAY OF 2006. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) OrdW\Salary.06amd REQUEST FOR COUNCIL ACTION MEETING 3-06-06 DATE: AGENDA ORIGINATING DEPT: ITEM NO. CONSENT AGENDA PUBLIC WORKS 7-v7 CHANGE ORDER #1 / REVENUE AND ACCESS CONTROL EQUIPMENT FOR PARKING RAMPS. PREPARED BY: A KNAUER A,F A contract has been awarded to Don Harstad Company Inc. for the purchase and installation of parking revenue/ access control (PARC) equipment to be installed in 4 of the city's parking garages. The locations include; Center Street, First Street, Second Street and Civic Center parking garages. The new equipment will include credit card in and out and an integrated software system for reporting and accounting, and automatic vehicle identification for contract parkers. The contract is for $587,904.00 Since award we have been made aware of a feature offered to allow 2 way intercom communication between the gates and the cashier offices at any of the ramps. The current specification calls for intercom from only within each ramp. This feature will allow communication from any gate location from any ramp to whatever cashier office has staff. We can move this feature from ramp to ramp through simple software commands as needed. Currently only First Street Ramp has 24/7 staff therefore calls would be routed to this ramp. The additional cost for this feature is $26,786 after credits for the existing system. (The 2006 CIP budgeted $720,000 for the project. The funds are provided from the Parking Enterprise Funds retained earnings. This amount also includes engineering and fiber optic connections. The fiber optic portion is under a separate contract at a cost of $7,936.75) REQUESTED COUNCIL ACTION 1 Adopt the prepared resolution approving Change Order #1 in the amount of $26,786.00 for intercom communications upgrade related to "Project J2580-06 Revenue and Access Control Equipment for City Parking Garages" with Don Harstad Company Inc., 7103 Highway 65 NE, Fridley, MN 55432-3302.. �"vryL-JL Al; I IUN: Motion by: Second by: . to: REQUEST FOR COUNCIL ACTION S i MEETING DATE: 3-6-06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONTINUED - PUBLIC HEARINGS PLANNING / ITEM DESCRIPTION: Land Use Plan Amendment #05-07 by Prairie Crossing, PREPARED BY: LLC to amend the Rochester Urban Service Area Land Use Plan to Mitzi A. Baler, identify approximately 75.63 acres of land located west of TH 53 Senior Planner and north of 65th Street NW for "commercial" land uses. March 2, 2006 THE APPLICANT REQUESTS CONTINUING THIS ITEM TO MARCH 20, 2006. City Planning and Zoning Commission Recommendation: The Planning Commission considered this item at the January 11, 2006 meeting. Ms. Wiesner moved to recommend approval of Land Use Plan Amendment #05-07 by Prairie Crossing, LLC based on staff's recommendation. Mr. Quinn seconded the motion. The motion carried 9-0. Council Action Needed. t. 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. The Council should instruct the City Attorney to prepare findings of fact and conclusions of law supporting their decision. r� yLLSr[.t�. C Distribution: m 1. City Clerk 2. City Administrator 1. City Attorney: Legal Description attached 2. Planning Department File 3. This item will be considered some time after 7:00 p.m. on Monday March 6, 2007 in the Council / Board Chamber at the i Rochester - Olmsted Government Center Building COUNCIL ACTION: Motion Bv: Seconded By: Action: _'�A Rochester Minnesota Land Surveying Urban - Lnnd Planning Consulting - Civil Engineering C,eotechnical Engineering Construction Material Testing Landscape Architecture 1648 Third Avenue B.E. Rochester. MN 55904 March 1, 2006 Ms. Mitzi Baker Consolidated Planning Department 2122 Campus Drive SE Rochester, MN RE: Prairie Crossing West Dear Ms. Baker, HAND DELIVER On behalf of our client, Prairie Crossing, LLC (Jerry Nelson), we respectfully request to have the Prairie Crossing West Land Use Plan Amendment #05-07, Zone Change #05-13, and General Development Plan #264 be continued to the March 20, 2006, City Council meeting to allow sufficient time for all interested parties to review the revised conditions of approval to the General Development Plan as provided in your email of February 27, 2006. Our client agrees to waive the 60-day rule to March 20, 2006. If you should have any questions or need any further information, please feel free to contact me. Yours very truly, McGhie & Betts, Inc. ,/Ww i Iur„fr✓ William E. Tointon President PC Dennis Hanson, Council President Jerry Nelson, Prairie Crossing, LLC Mary Prochaska, Menard Inc. Steven Kvenvold, City Administrator Richard Freese, Public Works Director Judy Scherr, City Clerk Tel. 507.289.3919 Fax. 507.289.7333 e-mail. mbi@mcghiebetts.com REQUEST FOR COUNCIL ACTION ;ENDA SECT ION: CONTINUED - PUBLIC HEARINGS PLANNING MEETING -11 DATE: 3-6-06 J ITEM DESCRIPTION: Zoning District Amendment #05-13 by Prairie Crossing, PREPARED BY: LLC to amend the Rochester Zoning Map to identify approximately 75.63 acres of Niitzi A. Baker, land located west of TH 52 and north of 65th Street NW "M-1" Mixed Commercial- Senior Planner Industrial Zoning. March 2, 2006 THE APPLICANT REQUESTS CONTINUING THIS ITEM TO MARCH 20, 2006. City Planning and Zoning Commission Recommendation: The City Planning and Zoning Commission held a public hearing on August 24, 2005, 2005. to consider this petition. Ms. Wiesner moved to recommend approval of Zoning District Amendment #05-13 by Prairie Crossing, LLC based on staff's recommendation. Mr. Quinn seconded the motion. The motion carried 9-0. council Action Needed: The Council should direct the City Attorney to prepare findings of fact reflecting the Councils decision on this zone change. 2. 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: cam, 1. City Administrator 2. City Attorney: Legal Description attached 3. Planning Department File 4. Applicant: This item will be considered sometime after 7:00 p.m. on Monday March 6, 2006 in the Council/Board Chambers at the Government Center, 151 4th Street SE. otion By: Seconded By: Action: REQUEST FOR COUNCIL ACTION MEETING Iq DATE: 3/6/06 AGENDA SECTION: ORIGINATING DEPT: ITE"O. CONTINUED - PUBLIC HEARINGS PLANNING 1 i'EM DESCRIPTION: General Development Plan #264 to be known as Prairie Crossing PREPARED BY: West, by Prairie Crossing, LLC. The application proposes development of Mitzi A. Baker, approximately 75.63 acres of land located west of TH 52 and north of 65th Street with Senior Planner commercial land uses. The Plan identifies a new north/south public roadway, re- alignment of the west Frontage Road and future interchange, as well as a new Menards retail store with associated par'Ang. March 2, 2006 THE APPLICANT REQUESTS CONTINUING THIS ITEM TO MARCH 20, 2006. Staff recommends modifications to the conditions, as identified below. City Planning and Zoning Commission Recommendation: The City Planning and Zoning Commission held a public hearing on January 11, 2006: Ms. Wiesner moved to recommend approval of General Development Plan #264 to be known as Prairie Crossing West, by Prairie Crossing, LLC with the revised staff -recommended findings and conditions. Mr. Quinn seconded the motion. The motion carried 9-0. CONDITIONS: 1. The .J'.. ..t the be until an inteFghaAge at IN a- The development of propeFty shall phased showing that the 55 StFant.gRgnde'wFItPFAPmtomAanclothpGttOns alengziraiq c T� In the 1 OM the In ., traffic Uem this rite 11110611 0 SANIGO vahandle, to the GFitPFAaestablished PFAIFIP C-COSSiAg East, Development must be to conruFrenGe with adequate PUbIIG and phased provide facilities. 1. Development must be phased to provide concurrence with adequate public facilities and until an interchange is constructed Any phase preceding interchange construction must be accompanied by a Traffic Impact Report (TIR) including but not limited to showing that the 55 Street/Bandel Road intersection and other adjacent intersections along 55 Street NW can handle to the Level of Service criteria established in the LDM, the increase in traffic from this site and Prairie Crossing East (GDP #180). 2. Prior to Ria#ktg the submission of any Plat aqd or development, the GDP shall be revised to incorporate the following: a. Following completion of additional studies related to the 65th Street Interchange justification with MnDOT and the Federal Highway Administration, identify right-of-way that will be reserved consistent with the right-of-way needs for an interchange at 651h Street and TH 52. b. Driveway spacing identified on the 6 shall-itfentiff 1hr-eaah-a-Basinn-1lledi#1 ,—The-GDP driveway rpaGing GGAR'StAnt with the quidelffiner in the ROGGG Long Range T-FanspaFtation Plan, (moved to be an independent condition) •,-_ nnn —• ..J ....:de. om -A .-Ie ,.Le ..tto eri }h rnlmh a s. Driveway spacing luentliMU ull U11V V1J1- Ia Iwo 0VtJ- •vcu as ,ucn•n,cu, u can au wac v u..• Design Modification concurrent with a preliminary plat for the property. The GDP shall identify driveway spacing consistent with the guidelines in the ROCOG Long Range Transportation Plan, unless otherwise approved through a Desiqn Modification. )UNCIL ACTION: Motion by: Second by: to: FA Page 2 RCA March 2, 2006:. ,c 4. There are inadequate on and off site public facilities, specifically Sanitary Sewer, Storm Water Manayement Facilities, Pedestrian Facilities, and Transportation facilities to accommodate the development of the entire Property. The development must be phased -in in a manner consistent with the City's existing and planned infrastructure improvements. A Development Agreement has been executed for this General Development Plan. Development will need to be phased to provide concurrence with adequate public facilities. 5. Wetland delineation is on file with the Planning Department and an application for a Wetland Replacement has been filed. Approval of this GDP is contingent upon the applicant securing approval for filling and replacing wetlands on this property. If the City Council does not approve a replacement plan, a new General Development flan will need to be filed. 6. Water mains must be networked properly to provide adequate flows for fire protection and water quality and must be extended to adjacent properties per the requirements of Rochester Public Utilities. 7. Access permits must be secured from the applicable road controlling authorities Council Action Needed: f. if the Council wishes to approve the General Development Plan it should instruct the City Attorney to prepare a resolution, with findings, for Council approval. Distribution: 1. City Administrator 2. City Attorney: 3. Planning Department File 4. Applicant: This item will be considered some time after 7:00 p.m. on Monday March 6, 2006 in the Council / Board Chamber at the Rochester - Olmsted Government Center Building REQUEST FOR COUNCIL ACTION g�MEETING DATE: 3-6-06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING ITEM DESCRIPTION: Amendment to General Development Plan (GDP) #156 known as PREPARED BY: Boulder Ridge. The Applicant is proposing to amend the GDP to change an approximately Brent Svenby, 16 acre area north of Overland Drive shown for townhome development to identify single Senior Planner family homes. The subdivision is proposed to be served by a private roadway. The property is located north of Overland Drive NW, east of Granite Drive NW. February 24, 2006 City Planning and Zoning Commission Recommendation: On February 8, 2006 the City Planning and Zoning Commission held a public hearing on this General Development Plan. The Commission reviewed this proposal according to the criteria listed in Paragraph 61.215 of the Zoning Ordinance and Land Development Manual. The Commission recommends approval subject to the following conditions: 1. At the time of platting controlled access shall be dedicated along Overland Drive NW and along the westerly line lot of Lot 1, Block 1. 2. Parkland dedication for this development shall be in the form of cash lieu of land. 3. One side of the private roadway shall be posted "No Parking". Ohly moved to recommend approval of Amendment to General Development Plan (GDP) #156 known Boulder Ridge with�the staff -recommended findings and conditions. Ms. Rivas seconded the motion. The motion carried 8-0. Council Action Needed: 1. The Council may approve, approve with conditions, or deny the general development plan. The Council must make findings based on the criteria listed in Paragraph 61.215. 2. If the Council wishes to proceed with the general development plan as proposed, you should instruct the City Attorney to prepare a resolution for Council approval. Attachments: 1. Staff Report dated January 31, 2006 Z rU 2. y Minutes of the February 8, 2006 CPZC MeetingY Distribution: 1. City Administrator 2. City Attorney 3. Planning Department File 4. Applicant: This item will be considered some time after 7:00 p.m. on Monday, March 6, 2006 in the Council/Board Chambers in the Government Center at 151 4th Street SE. COUNCIL ACTION: Motion by: second by: to: i 1000 ft. Notification Area of part of General Development Plan #156 a located in i known as Boulder Ridge r'/ Pt NW 114 NW 1/4 Sec 10 Cascade TWP 3 kTA 42 Preliminary Plat #06-01 Boulder Ridge Fifth Subdivision by Arcon Development PIN: 74.10.22.075035 Council Ward: 3 Neigh. Assoc: None V23106 3 3 SO, B� RocttESTER-OLNISTED PLANNING DEPAttf\IENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 ^ s www,olmstedcounl .com/ lannin j x A•. couarr av Y P 9 ��•.l��; TO: City Planning and Zoning Commission FROM: Brent Svenby, Senior Planner DATE: January 31, 2006 RE: Amendment to General Development Plan (GDP) #156 known as Boulder Ridge. The Applicant is proposing to amend the GDP to change an approximately 16 acre area north of Overland Drive shown for townhome development, to identify single family homes. The development is proposed to be served by a private roadway. The property is located north of Overland Drive NW, east of Granite Drive NW. Planninq Department Review., Applicant/Owner: Consultants: Arcon Development Inc. 7625 Metro Boulevard, Suite 350 Edina, MN 55439 McGhie & Betts, Inc 1646 Third Avenue SE Rochester, MN 55904 Size and Location: The property is located along the east side of Bandel Road NW, south of Overland Drive and also along the north side of Overland Drive NW. The entire GDP includes approximately 110 acres of land. Existing Land Use: The portion of the site (70 acres) that is located south of Overland Drive NW is already platted and homes are being constructed on the lots. The area of the site where the amendment is filed on is located along the north side of Overland Drive NW. Drainage: The General Development Plan identifies existing topography. The southern 70 acres consist of rolling topography with a series of gently slopes. Elevations on this portion range from a high of 1140' in the north central part to 1064' in the northeast part of the site. Elevations on the northern most 40 acres range from1156' on the north to 1060' on the south. Detailed grading and drainage plans will be required when the property is platted or developed. Wetlands: No hydric soils exist on this portion of the property base on the Soil Survey. Parkland Dedication: Parkland dedication requirements for this development need to be BUILDING CODE 5071285-8345 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 507/285-8224 ...,a.e,.,. PLANNING/ZONING 5071285-8232 • WELUSEPTIC 507/285-8345 �Q1Y FAX 507/287-2275 PO AN PC)HAI OPPORTIJNITY/AFFIRMATIVF ACT]nN FMPI nYFR J Page 2 General Development Plan Janyary 31, 2006 Report Attachments: Summary: satisfied via cash in lieu of land. 1. Proposed General Development Plan —Amendment 2. Previously Approved GDP 3. Referral Comments — see plat report This General Development Plan (GDP) includes approximately 110 acres of land to be developed with single family homes and townhomes. This GDP was originally approved in 2000 which identified single family homes in the north portion of the property and in the southerly and easterly portions of the property. Townhomes were shown along Bendel Road NW and along the north side of Overland Drive NW. In 2001 a Type I (staff review only) amendment to the GDP was approved to allow for modifications to the internal roadways within the GDP. The applicant is now requesting an amendment to the GDP to modify the type of housing proposed. This amendment proposes to replace much of the area identified for single family attached homes (townhomes) with single family detached homes. Staff Suggested Findings and Recommendation: Paragraph 61.215 of the Rochester Zoning Ordinance and Land Development Manual lists the criteria for approval of a general development plan. Staff suggested findings are in bold italics print. Criteria A. The proposed land uses are generally in accord with the adopted Comprehensive Plan and zoning map, or that the means for reconciling any differences have been addressed. A GDP may be processed simultaneously with a rezoning or plan amendment request. The proposed land uses are consistent with the adopted Comprehensive Plan and the City of Rochester Zoning Map. Criteria B. The proposed development, including its lot sizes, density, access and circulation are compatible with the existing and/or permissible future use of adjacent property. The proposed lot sizes, density, access and circulation are generally compatible with the existing and/or future use of adjacent property. Criteria C. The mix of housing is consistent with adopted Land Use and Housing Plans. The policies and goals found In Chapters 2 and 3 of the Rochester Urban Service Area Land Use Plan encourage developing a range of densities and development styles. Varied lot sizes and housing styles are still proposed within this development, which will help further these goals. This development will help to further the goals and policies of the Land Use Plan and also those found within Chapter 3 of the Housing Plan. Criteria D. The proposed plan makes provisions for planned capital improvements and streets reflected in the City of Rochester's current 6-Year Capital Improvement Program, adopted Thoroughfare Plan, the ROCOG Long -Range Transportation Plan, Official Maps, and any other public facilities plans adopted by the City. Street system improvements required to accommodate proposed land uses and Page 3 General Development Plan Janyary 31, 2006 projected background traffic are compatible with the existing uses and uses shown in the adopted Land Use Plan for the subject and adjacent properties. Recent roadway improvements in the area include the construction of Overland Drive NW, which is designated as a "Major Urban Arterial" on the Functional Designation Map and is classified as a "2+ Median LTL" on the Street Design Classification Map. This development will have good access and adjacent roadways will be able to accommodate the development. Criteria E. On and off -site public facilities are adequate, or will be adequate if the development is ph sed in, to serve the properties under consideration and will provide access to adjoining land in a manner that will allow development of those adjoining lands in accord with this ordinance. Street system adequacy shall be based on the street system's ability to safely accommodate trips from existing and planned land uses on the existing and proposed street system without creating safety hazards, generating auto stacking that blocks driveways or intersections, or disrupting traffic flow on any street, as identified in the traffic impact report, if required by Section 61.523(C). Capacity from improvements in the first 3 years of the 6-year CIP shall be included in the assessment of adequacy. Recent roadway improvements In the area include the construction of Overland Drive NW, which is designated as a "Major Urban Arterial' on the Functional Designation Map and is classified as a "2+ Median LTL" on the Street Design Classification Map. This development will have good access and adjacent roadways will be able to accommodate the development 2. Utilities are now available to directly serve the area of the proposed land use, or that the City of Rochester is planning for the extension of utilities to serve the area of the proposed development and such utilities are in the first three years of the City's current 6-Year Capital Improvements Program, or that other arrangements (contractual, development agreement, performance bond, etc.) have been made to ensure that adequate utilities will be available concurrently with development. If needed utilities will not be available concurrent with the proposed development, the applicant for the development approval shall stipulate to a condition that no development will occur and no further development permit will be issued until concurrency has been evidenced. Utilities are available to directly serve the development. The construction plans for the development were approved in 2005 and only minor revisions are necessary to accommodate the proposed revisions to the style of the development. 3. The adequacy of other public facilities shall be based on the level of service standards in Section 64.130 and the proposed phasing plan for development. The property generally drains to the south. A revised grading & drainage plan is required prior to Final Plat submittal. Storm water management must be provided for this development. Specific obligations of the Owner, regarding storm water management, are i g1 PAr C6Page 4 General Development Plan Janyary 31, 2006 addressed in the Development Agreement, and the entire Property may be subject to a Storm Water Management Area Charge. Criteria F. The drainage, erosion, and construction in the area can be handled through normal engineering and construction practices, or that, at the time of land subdivision, a more detailed investigation of these matters will be provided to solve unusual problems that have been identified. Revised grading and drainage plans will need to be approved by the City Public Works Department prior to the submittal of the final plat since the layout has changed from what is shown on the final grading plan approved in 2005. Criteria G. Areas in DEOZ will be managed in such a way as to maintain the quality and quantity of groundwater recharging lower aquifers and to protect discharge, interflow, and infiltration, and recharge processes taking place. According to the Bedrock Geology Map from the Geologic Atlas of Olmsted County the Decorah Shale is the first encountered bedrock on portions of the property. The developer will need to incorporate subdrain and tiling in the engineering design for the Site for those areas where the Decorah edge is encountered. Development of this property may have an impact on groundwater supplies and re -charge for the City's drinking water supply. Development of this site should include re -infiltration of Intercepted groundwater flows. Criteria H ' 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. This Plan proposes a low density residential development that would be compatible with the adjacent single family subdivisions. The lot, block and street layout appear consistent with design standards and will be reviewed in more detail at the time of platting. Recommendation: Staff would recommend approval of this amendment subject to the following conditions: 1. At the time of platting controlled access shall be dedicated along Overland Drive NW and along the westerly line lot of Lot 1, Block 1. 2. Parkland dedication for this development shall be In the form of cash lieu of land. 3. One side of the private roadway shall be posted "No Parking". NOTE: There is an executed Development Agreement for this property. M�A • Page 2 City Planning and Zoning Commission Minutes Heanng.Date: February 8, 2006 This item was withdrawn by the applicant. Amendment to General Development Plan (GDP) #156 known as Boulder Ridge AND Preliminary Plat #06-01 by Boulder Ridge Fifth Subdivision. The Applicant is proposing to amend the GDP to change an approximately 16 acre area north of Overland Drive shown for townhome development, to identify single family homes. The Plat proposes to subdivide approximately 16.35 acre of land into 41 lots for single family homes and two outlots. The subdivision is proposed to be served by a private roadway. The property is located north of Overland Drive NW east of Granite Drive NW. Mr. Brent Svenby presented the staff report, dated February 2, 2006, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Mr. Svenby stated that he spoke with Josh Johnson of McGhie and Betts, who had been in discussions with Larry Frank, and indicated that they do not have any concerns with the staff - recommended findings and conditions. I With no one else wishing to be heard, Mr. Burke closed the public hearing. r. Ohly moved to recommend approval of Amend ;DP) #156 know n'as Boulder Ridge AND Prelimin; ubdivision with the staff -recommended findings a le motion. The motion carried 8-0. a. Indicating Controlled Access along the entire westerly line of Lot 1, Block 1. 2. Dedication of parkland shall be handled in the form of cash in lieu of land as outlined in the January 19, 2006 Memorandum from the Rochester Park and Recreation Department Page 3 City Planning and Zoning Commission Minutes Hearing.Date: Febntary 8, 2006 3. A revised grading and drainage plan is required prior to final plat approval. Storm Water Management must be provided for this development and a Storm Water Management fee is applicable for the entire Property. 4. Prior to recording the final plat, execution of an Ownership &Maintenance Declaration Agreement is required for Outlot'A' which is proposed to serve as a private roadway and for Outlot "B". 5. One side of the private roadway shall be posted "No Parking". OTHER BUSINESS: 1. As may be brought up with members No discussion items were brought forward. ADJOURN: Motion made by Mr. Wallace to adjourn, seconded by Mr. Snyder. Mr. Burke, Chair, adjourned the meeting at 7:07 p.m. Respectfully Submitted: Philip H. Wheeler, AICP Mr. Jay Burke, Chair jig aIMEETING REQUEST FOR COUNCIL ACTION DATE: 3-6-06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO.� BLIC HEARINGS PLANNING ITEM DESCRIPTION: Preliminary Plat #06-01 by Arcon Development to be known as PREPARED BY: Boulder Ridge Fifth Subdivision. The Plat proposes to subdivide approximately 16.35 acre Brent Svenby, of land into 41 lots for single family homes and two outlots. The subdivision is proposed Senior Planner to be served by a private roadway. The property is located north of Overland Drive NW, ea,..t of Granite Drive NW. February 24, 2006 City Planning and Zoning Commission Recommendation: The City Planning and Zoning Commission held a public hearing on February 8, 2006 to consider this preliminary plat to allow for a residential development. The Planning Commission found that this preliminary plat conforms to the criteria listed in the Land Development Manual and recommends approval of this preliminary plat with the following modifications or conditions: 1. The Plat shall be revised: a. Indicating Controlled Access along the entire westerly line of Lot 1, Block 1. 2. Dedication of parkland shall be handled in the form of cash in lieu of land as outlined in the January 19, 2006 Memorandum from the Rochester Park and Recreation Department. 3. A revised grading and drainage plan is required prior to final plat approval. Storm Water Management must be provided for this development and a Storm Water Management fee is applicable for the entire Property. 4. Prior to recording the final plat, execution of an Ownership & Maintenance Declaration Agreement is required for Outlot'A' which is proposed to serve as a private roadway and for Outict "B". 5. One side of the private roadway shall be posted "No Parking". Mr. Ohly moved to recommend approval of Preliminary Plat #06-01 by Boulder Ridge Fifth Subdivision with the staff -recommended findings and conditions. Ms. Rivas seconded the motion. The motion carried 8-0. Council Action Needed: 1. The Council may approve, approve with conditions, or deny the land subdivision permit. The Council must make findings of fact based an the criteria included in the staff report. A motion to deny must include supporting reasons for a conclusion that at least one of the sixteen findings for denial in Paragraph 61.225 can be made. Attachment:) 1. Staff Report dated January 31, 2006 2. Minutes of the February 8, 2006 CPZC Meeting { I Distribution: 1. City Administrator 2. City Attorney 3. Planning Department File I. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, March 6, 2006 in the Council Chambers at the Rochester / Olmsted County Government Center. COUNCIL ACTION: Motion by: second by: to: I T d IL rk a N i i �1W1 � uio. /I j I u\ai --mayy \ rw" '... •�� 7 � �6 w 6- NO ROC.rtESTER-OLAISTED PLANNING DEP.aKI•INIENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 CO u N r r OF www.almstedcounty.com/planning City Planning and Zoning Commission FROM: Brent Svenby, Senior Planner DATE: January 31, 2006 0-4 1 . �G k'a TLL:.4 UGU51"' RE: Preliminary Plat #06-01 to be know:l as Boulder Ridge Fifth Subdivision by Arcon Development, Inc. The Plat proposes to subdivide approximately 16.35 acre of land into 41 lots for single family homes and two outlots. The subdivision is proposed to be served by a private roadway. The property is located north of Overland Drive NW, east of Granite Drive NW. Planninq Department Review: Applicant/Owner: Surveyors/Engineers: Arcon Development 7625 Metro Blvd, Suite 350 Edina, MN 55439 McGhie & Betts, Inc. 1648 Third Avenue SE Rochester, MN 55904 Referral Comments: Rochester Public Works Department Rochester Park & Recreation Department Planning Department - Addressing staff Planning Department— Wetlands LGU Representative Rochester Fire Department RPU Core Services Division RPU Water Report Attachments: 1. Copy of Preliminary Plat 2. Location Map 3. Land Development Manual Excerpts Development Review: Zoning: The property is zoned R-2 (Low Density Residential) district on the City of Rochester Zoning Map. Roadways: This plat does not dedicate any new public roadways. The development will be served by a private roadway which takes its access from Granite Drive NW. The private roadway (Outlot A) will serve 41 lots. The naming of the roadway will need to be coordinated with the GIS/Addressing staff. Noise Easement has been dedicated over the entire property based on the proximity to Overland Drive NW. BUILDING CODE 507/285-8345 • GIS/ADDRESSING/MAPPING 507/205-8232 • HOUSINGIHRA 5071285-8224 PLANNINGIZONING 5071285-8232 • WEL/SEPTIC 5071285-8345 ��� FAX 5071287-2275 R< Page 2 Preliminary Plat #06-01 Boulder Ridge Fifth January 31, 2006 Dedication of controlled access is required along the entire westerly lot line of Lot 1, Block 1. Pedestrian Facilities: A Development Agreement and a Supplemental Agreement that includes this property has been executed for this property which addresses the requirement for Pedestrian Facilities. Drainage: Revised grading and drainage plans will need to be approved by the City Public Works Department prior to the submittal of the final plat since the layout has changed from what is shown on the final grading plan approved in 2005. Wetlands: Minnesota Statutes now requires that all developments be reviewed for the presence of wetlands or hydric soils. The Soils Survey does not indicate hydric soils within this Plat. Public Utilities: The minimum fire flow for this residential area shall be no less than 1,000 gpm at 20 psi. Construction plans were approved for the development in 2005, however, these plans will need to be revised based on the new layout proposed by the owner. Spillover Parking: As per Section 63.426 of the LDM, all residential development must provide spillover parking for service vehicles and visitors. This development requires 50 spillover parking stalls. It appears as though the additional parking can be accommodated on the roadways and most likely within private driveways, as well. Parkland Dedication: The City Park and Recreation Department recommends that dedication requirements be met via: Cash in lieu of land with payment due prior to recordation of the final plat. General Development Plan: This property is included within the approved Boulder Ridge Development Plan (GDP) and is consistent with the proposed amendment. Preliminary Plat Staff Review and Recommendation: This property was included in the preliminary plat #05-09 Boulder Ridge Fourth. In the Boulder Ridge Fourth plat this area was shown as being platted into envelope lots for townhomes and large lots for common open space. This plat proposes conventional lots. Section 61.225 of the Land Development Manual lists the findings which must be considered by the Planning Commission and the Council when reviewing a land subdivision permit application. This section is attached for your information. The Planning staff has reviewed this preliminary plat request for compliance with the Rochester Zoning Ordinance and Land Development Manual including Section 61.225 of the LDM. The staff recommends approval with the following conditions / modifications: V Page 3 Preliminary Plat #06-01 Bou4der Ridge Fifth January 31, 2006 1. The Plat shall be revised: a. Indicating Controlled Access along the entire westerly line of Lot 1, Block 1. 2. Dedication of parkland shall be handh!d in the form of cash in lieu of land as outlined in the January 19, 2006 Memorandum from the Rochester Park and Recreation Department. 3. A revised grading and drainage plan is required prior to final plat approval. Storm Water Management must be provided for this development and a Storm Water Management fee is applicable for the entire Property. 4. Prior to recording the final plat, execution of an Ownership & Maintenance Declaration Agreement is required for Outiot 'A' which is proposed to serve as a private roadway and for Outiot "B". 5. One side of the private roadway shall be posted "No Parking". Page 4 i 1 Preliminary Plat 406-01 Boulder Ridge Fifth January 31, 2006 CITY OF ROCHESTER ZONING ORDINANCE AND LAND DEVELOPMENT MANUAL EXCERPTS CITY OF ROCHESTER ZONING ORDINANCE AND LAND DEVELOPMENT MANUAL EXCERPTS 61.225 Finding for Land Sul ,division: The Zoning Administrator, Commission or Council shall approve a development permit authorizing a land subdivision if all of the following findings with respect to the proposed development are made: A. The proposed land subdivision conforms to all relevant requirements of this ordinance and variances have been granted to permit any nonconformance. B. That the proposed water system and sanitary sewer system are adequate to serve the normal and fire protection demands of proposed development and to provide for the efficient and timely extension to serve future development. C. That the plan for soil erosion and stormwater management meets the adopted standards of the City of Rochester and is consistent with the adopted Stormwater Management Plan or adopted drainage to stormwater policies. D. That the vehicular and non -motorized system is consistent with adopted transportation plans and is consistent with the street layout standards listed in Section 64.120 and traffic service standards in Section 61.526. E. That the lot and block layout provide for safe and convenient vehicular, service and emergency access, efficient utility service connections, and adequate buildable area in each lot for planned uses. F. That the proposed land subdivision has taken into account the current 6-Year and other Long -Range Capital Improvements Programs and the elements listed therein in the design of the subdivision. G. That the proposed subdivision, if in a resident zoning district, -addresses the need for spillover parking consistent with the requirements of Section 63.426. H. That right-of-ways and easements of adequate size and dimensions are -provided for the purpose of constructing the street, utility, and drainage facilities needed to serve the development. I. That the proposed parks, trail thoroughfares and open space dedications are consistent with adapted plans, policies and regulations. J. That the proposed subdivision will not have off -site impacts on the street, drainage, water or wastewater systems that exceed adopted standards. Effective October 4, 2004 Page 5 Preliminary Plat #06-01 Boulder Ridge Fifth January 3 2006 K. That the proposed subdivision will not have adverse impacts on the safety or viability of permitted uses on adjacent properties. L. That the proposed land subdivision is designed in such a manner as to allow for continued development in an efficient manner on adjacent undeveloped lands. M. That the soils, topography and water tables have been adequately studied to ensure that all lots are developable for their designated purposes. N. That the proposed land subdivision is consistent with the standards of the City's adopted Comprehensive Plan with regard to street standards and classification, and other matters not addressed in this ordinance. O. That any land located within Zone A as shown as on the currently adopted Flood Boundary and Floodway Maps of the Flood Insurance Study, Rochester, Minnesota prepared by the Federal Emergency Management Agency, is determined to be suitable for its intended use and that the proposed subdivision adequately mitigates the risks of flooding, inadequate drainage, soil and rock formations with severe limitation for development, severe erosion potential or any other floodplain related risks to the health, safety or welfare of the future residents of the proposed subdivision in a manner consistent with this ordinance. P. That the proposed land subdivision, if approved, would not result in a violation of federal state law, or city or county ordinance. 61.226 Conditions on Approvals: In considering an application for development permit to allow a land subdivision, the approving body shall consider and may impose modification or conditions to the extent that such modifications or conditions are necessary to insure compliance with the criteria of Section 61.225. Effective October 4, 2004 ROCHESTER H� TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 5E904 DEPARTMENT OF PUBLIC WORKS 201 4" street SE Room 108 Rochester, MN 55904-3740 FROM: Mark E. Baker 507-287-7800 FAX — 507-281-6216 DATE: 1/27/06 The Department of Public Works has reviewed the application for Preliminary Plat #06-0 t. for the proposed Boulder Ridge Fifth subdivision. The following are Public Works comments on this request: 1. There is an existing executed Development Agreement, and a Supplemental Agreement that includes this Property. Development of this Property is subject to the terms of the Agreements. 2. Grading & Drainage Plan approval is required prior to final plat submittal. 3. Execution of a City -Owner Contract is required prior to construction of any public infrastructure to serve this Property. 4. In addition to that shown on the Preliminary Plat, dedication of Controlled Access is required, along the entire westerly line of Lot 1, Block 1 5. Ownership & Maintenance of the Outlots needs to be addressed prior to Final Plat approval. Execution of an Ownership & Maintenance Declaration Agreement may be required for said Outlots prior to recording the Final Plat. 6. A Noise Easement was dedicated over all of Boulder Ridge 4 h, so no separate document is needed for this subdivision. 7. Preliminary Construction Plan comments will be provided separately to the Developer's Engineer. Charges/fees applicable to the development of this property include, but are not limited to: Sanitary Sewer 77702), based on final rate established for District 287. :• Water Availability Charge (WAC) Transportation Improvement District Contribution, as specified in the Development Agreement Storm Water Management Charge — TBD (NOTE: The applicant has an existing Credit Balance for storm water management charges and the applicable charge for this subdivision will first be applied against its credit) to Seal Coat Charge. :• Pedestrian Ramps — TBD based on final construction plans Street Signs as determined by the City Engineer C'\0ocuments and Settings\plabsven\Local Settings\Temporary Internet Files\OLK198\PP06-01 Boulder Ridge 51h.doc Rochester -Olmsted Planning Department GIS/Addressing Division 2122 Campus Drive SE Rochester, MN 55904-4744 Phone: (507)285-8232 Fax: (507)287-2275 PRELIMINARY PLAT REFERRAL RESPONSE DATE: January 25, 2006 TO: Jennifer Garness; Stephanie Foster FROM: Randy Growden GIS/Addressing Staff Rochester -Olmsted County Planning Department CC: McGhie and Betts Inc. RE: BOULDER RIDGE FIFTH PRELIMINARY PLAT #06-01 A review of the preliminary plat has turned up the following ADDRESS and ROADWAY related issues. 1. The private roadway illustrated as (Outlot "A") for this plat will need to be named. RECOMMENDATION: Name the roadway and use the roadway type CIRCLE and directional of NW. 0 WETLAND CONEVIENTS FOR DEVELOPiINIENT APPLICATIONS Application Number: Amendment to General Development Plan (GDP) #156 known as Boulder Ride AND Preliminary Plat #06-01 by Boulder Ridge Fifth Subdivision ® No hydric soils exist on the site based on the Soil Survey ❑ Hydric soils exist on the site according to the Soil Survey. The property owner is responsible for identifying wetlands on the property and submitting the information as part of this application. ❑ A wetland delineation has been carried out for the property and is on file with the Planning Department. ❑ A wetland delineation is on file with the Planning Department and a No -Loss, Exemption, or Replacement Plan has been submitted to the Planning Department. ❑ A wetland related application has been approved by the City. This plan incorporates the approved wetland plan. ❑ No hydric soils exist on the property based on the Soil Survey. However, due to the location in the landscape, the property owner should examine the site for wetlands. The property owner is responsible for identifying wetlands. ❑ Other or Explanation: From John Harford Wetlands LGU Representative �o� The hand to reach for... DAVID A. KAPLER Fire Chief DATE: January 31, 2006 TO: Jennifer Garness, Planning FROM: R. Vance Swisher, Fire Marshal SUBJ: Amendment to General Development Plan (GDP) #156 known as Boulder Ridge and Preliminary Plat #06-01 by Boulder Ridge Fifth Subdivision. 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 including hydrants properly located and installed in accordance with the specifications of the Water Division. Hydrants shall be in place prior to commencing building construction. 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. 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. Donn Richardson — RPU Water (e-mail only) Mark Baker— Rochester Public Works (e-mail only) Arcon Development McGhie & Betts, Inc (e-mail only) r, rvr ;�i<<1j., fie �trlss�rr DATE: January 19, 2006 TO: Jennifer Garness, Planning Dept. Rochester -Olmsted Planning Dept. J=ROM: Michael J. Engle, Supv. of Distribution Design Rochester Public Utilities 280-1579 SUBJECT: Amendment to General Development Plan (GDP) #156 known as Boulder Ridge AND Preliminary Plat #06-01 by Boulder Ridge Fifth Subdivision. The Applicant is proposing to amend the GDP to change an approximately 16 acre area north of Overland Drive shown for townhome development, to identify single family homes, The Plat proposed to subdivide approximately 16.35 acres of land into 41 lots for single family homes and two outlots. The subdivision is proposed to be served by a private roadway. The property is located north of Overland Drive NW, east of Granite Drive NW. RPU's Core Services Division review of the above -referenced general development plan and preliminary plat are complete and we have no objections. Sincerely, HE Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507 230-1540 facsimile 507-280-1542 LOU, O �,gNESOTgryo Minnesota Department of Transportation � e Minnesota Department of Transportation - District 6 moor �T�ya 2900 48'h Street N.W. Rochester, MN 55901-5848 January 25, 2006 Jennifer Gamess, Planning Department Rochester -Olmsted Planning Department 2122 Campus Drive Southeast -Suite 100 Rochester, MN 55904 Office Tel: 507-280-3188 Fax: 507-285-7279 E-mail: chris.moates a dot.state.mn.ns RE: Amendment to General Development Plan (GDP) #156 known as Boulder Ridge AND Preliminary Plat #06-01 by Boulder Ridge Fifth Subdivision. The Applicant is proposing to amend the GDP to change an approximately 16 acre area north of Overland Drive shown for townhome development, to identify single family homes. The Plat proposes to subdivide approximately 16.35 acres of land into 41 lots for single family homes and two outiots. The subdivision is proposed to be serviced by a private roadway. The property is located north of Overland Drive NW, east of Granite Drive NW. US Highway 52, Control Section 5508 Dear Ms. Gamess: The Minnesota Department of Transportation (Mn/DOT) Planning Office has reviewed the above described proposal for new development east of US Highway 52 and north of Overland Drive NW. This development is within an area requested for a needs study and Operational Analysis (OA) to identify transportation needs and options to accommodate growth in northwest Rochester. The cumulative effect of all proposed phases of the Boulder Ridge development will need to be accounted for as part of this study. Thank you for the opportunity to comment. Questions may be directed to Fred Sandal, Principal Planner, at (507) 285-7369 or Tracy Schnell, Regional Planning Assistant, at (507) 280-5028. Sincerely, Chris Moates District 6 Planning Director cc: Arcon Development, 7625 Metro Blvd, Suite 350, Edina, MN 55439 McGhie and Betts, Inc., 1648 Third Ave SE, Rochester, MN 55904 Rhonda Prestegard Mike Schweyen Fred Sandal Debbie Bement Tracy Schnell File RECEIVED JAN 2 6 20LS r( January 27, 2006 Rochester -Olmsted CONSOLIDATED PLANNING DEPA.3TMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Amendment to General Development Plan #156 by Arcon Development known as Boulder Ridge and Preliminary Plat #06-01 to be known as Boulder Ridge Fifth Subdivision. Dear Ms. Gayness: Our review of the referenced general development plan and preliminary plat is complete and we have no comments as the final approved construction plans will only need minor revisions. Please contact us at 507-280-1500 if you have questions. Very truly yours, 06,1A Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Gale Mount, Building & Safety Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 �c R eiV06 f<ti ecr �1+1� ROCHESTER PARK AND RECREATION ;SRachester,MV,� DEPARTMENT DATE: January19, 2006 TO: Jennifer Garness Planning RE: Amendment to GDP #156 Boulder Ridge Preliminary Plat #06-01 Park Department has no comments / concerns regarding the amendment to the GDP. Parkland dedication requirements for the preliminary plat: Acreage of plat.......................................................... 16.35 a Number of dwelling units ............................................. 41 units Density factor............................................................ .0244 Dedication .......... .............. .............. I ..................... I... 1.00 a Fair market value of land ............................................. $25,000 / a The Park and Recreation Department recommends that dedication requirements be met via: Cash in lieu of land C:\Documents and Settings\plasfostlLocal Settings\Temporary Internet Files\OLK1C\BOULDER RIDGE 5.DOC 201 FOURTH STREET SE ROOM 150 ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6164 FAX 507-281-6165 DSTOTZ ® CI.ROCHESTER.MN.US Page 7 City Planning and Zoning Commission Nlinutes Hearing`Date: February 8, 2006 i rns item was withdrawn by the applicant. Amendment to General Development Plan FGDP #156 known as Boulder Rid a AND W*FPreliminary Plat #06-01 by Boulder Ridge Fifth Subdivision The Applicant is proposing to amend the GDP to change an approximately 15 acre area north of Overland Drive shown for townhome develo ment to identify sin le famil homes. The Plat ro oses to subdivide approximately 16.35 acre of land into 41 lots for single family homes and two outlots The suhdtvtsion Is ro osad to be served b a private roadway. The groperty is located north of Overland Drive NW east of Granite Drive NW. Mr. Brent Svenby presented the staff report, dated February 2, 2006, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Mr. Svenby stated that he spoke with Josh Johnson of McGhie and Betts, who had been in discussions with Larry Frank, and indicated that they do not have any concerns with the staff - recommended findings and conditions. With no one' else wishing to be heard, Mr. Burke closed the public hearing. ir. umy moved to recommend approval of Amendment tq General Development Plan 3DP) #156 known as Boulder Ridge AND Preliminary Plat #06-01 by Boulder Ridge if ubdivision with the staff -recommended findings and conditions. Ms; Rivas seconded ie motion. The motion carped 8 p; : 4 -• •— �... �.w� mug 1 rLA19 I:.VNUI l IUNA: a.hi ---- IV-rye 1. At the time of platting controlled access shall be dedicated along Overland Drive NW and along the westerly line lot of Lott, Block 1. 2. Parkland dedication for this development shall be in the form of cash lieu of land. 3. One side of the private roadway shall be posted "No Parking". PRELIMINARY PLAT CONDITIONS 1. The Plat shall be revised: a. Indicating Controlled Access along the entire westerly line of Lot 1, Block 1. 2. Dedication of parkland shall be handled in the form of cash in lieu of land as outlined in the January 19, 2006 Memorandum from the Rochester Park and Parrcehi.... r%—.."..._-a o� \ Page 3 City Planning and Zoning Commission N[inutes Hea\ing,Date: Febmary 8, 2006 3. A revised grading and drainage plan is required prior to final plat approval. Storm Water Management must be provided for this development and a Storm Water Management fee is applicable for the entire Property. 4. Prior to r:cording the final plat, execution of an Ownership A Maintenance Declaration Agreement is required for Outlot'A' Which is proposed to serve as a private roadway and for OU60IIt B" _ 5. One side of the private roadway shall be posted "No Parking". OTHER BUSINESS: 1. As may be brought up with members No discussion items were brought forward. ADJOURN: Motion made by Mr. Wallace to adjourn, seconded by Mr. Snyder. Mr. Burke, Chair, adjourned the meeting at 7:07 p.m. Respectfully Submitted: Philip H. Wheeler, AICP jlg Mr. Jay Burke, Chair REQUEST FOR COUNCIL ACTION MEETING v� / DATE: 3-6-06 AGENDA SECTION: ORIGINATING DEPT: ITEfj NO. UBLIC HEARINGS PLANNING %i— ITEM DESCRIPTION: Final Plat #04.43 to be known as Southern Meadows PREPARED BY: Brent Svenby, Senior Planner March 2, 2006 Planning Department Review: See attached staff report dated march 2, 2006 recommending approval subject to the following modifications/conditions: 1. Prior to recording the final plat documents, the applicant shall pay the E911 Addressing and GIS Impact fees, as outlined in the February 21, 2006 letter from the Rochester Olmsted Planning Department GIS/Addressing division. 2. The Plat documents shall be revised to include: a. controlled access along both sides of Frankie Road SE for a distance of 35 feet from the right of way of Pinewood Road SE. b. The document number for the pedestrian easement along Pinewood Road SE should be included on the face of the final plat. c. The apostrophe shall be removed from the roadway named Al's Place SE. 3. The applicant agrees that this subdivision will have an impact on the need for Parkland and that the dedication requirements are outlined in the memorandum from the Park and Recreation Department dated February 23, 2006. 4. Upon approval by the City Council for the Substantial Land Alteration, 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. If the City Council denies the Substantial Land Alteration, the grading plans shall be returned to the designers for reevaluation. 5. No parking shall be permitted and shall be posted "No Parking" along the north side ofAls Place SE. 6. Prior to the recording of the final plat documents the revisions that are proposed(required to the grading plan shall be approved. Council Action Needed: 1. A resolution approving the plat can be adopted. 2. The Council should include a motion to adopt findings to support either approval or denial of the proposed Substantial Land Alteration Activity. Distribution: 1. City Administrator 3 2. City Attorney 3. Planning Department File 4. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, March 6, 2006 in the Council Chambers at the Rochester / Olmsted County Government Center. OUNCIL ACTION: Motion by: second by: to; tiff \ I ' I mo_ 900 ft. Notification Area of Lot 58 Auditor's Plat E located in Pt SW 114 Sec 17 Marion TWP i l W Final Plat #04-43 by Tom Meilander F �' to be known as Southern Meadows' PIN: 63.17.32.036435'LN°5 Ward: 1 (Amy Blenker) j• t�a I Neighborhood Assoc: None 2/21/06 _� r Y ,� 9 'A ryF nl 2 C Y i} ,r lF 1 hk� 1 N I # u I sY� C l xnY � � V � s• d n� 20 Mftd Canby ml mporMda brammbwn ar Moa[enlirnE Mran. If a.Da,ae1 rs lwrdxiAa Oiv map, deYx �Iry M W DM2bn IbalMa .W Gwry PMmng Daann.M, 2122 C—.. Dn-SE Ro ., MN 55 ,M)2W-8M2. w 6 Page 1 of 1 Scherr, Judy From: Garness Jennifer[garness.jennifer@CO.OLMSTED.MN.US] Sent: Monday, March 06, 2006 9:45 AM To: Scherr, Judy; Mullenbach, Lisa Subject: Southern Meadows Final Plat FYI for tonight's meeting. Please hand out. jeruu(eir CJ'awreaa, &evfz Special t ? .�/fe.�fex-li�iitafeii✓�ari�riru� 1%pa�fiireirf R Email: Garnessjenniferruco.olmsted.mn.us V Office: (507) 285-7049 -----Original Message ----- From: Johnson, Josh[mailto:jjohnson@mcghiebetts.com] Sent: Monday, March 06, 2006 9:17 AM To: Baker Mitzi; Svenby Brent Cc: Bond, Greg; TOM MEILANDER (E-mail) Subject: Southern Meadows Final Plat Mitzi and Brent, On Behalf of our client, DTH Properties, we would like to request that the Southern Meadows Final Plat be continued to the March 20th, 2006 City Council Meeting. We have some easement locations that need revisions due tc some new information that became available. If you should have any questions or need any further information please feel free contact me. Joshua J. Johnson, ASLA Landscape Architect McGhie & Betts, Inc. Tel: 507.289.3919 Fax: 507.289.7333 3/6/2006 § � : ƒ 3 ] ! I .J. IV ld 5.dollully , ! | #| � ! � # � | • | |�;| d§|kcal | | | | ! t� ROCHESTER-OLNISTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 • Rochester, NIN 55904-4744 C C Y N T V OF www.olmstedcounty.com/planning TO: Rochester Common Council FROM: Brent Svenby, Senior Planner DATE: March 2, 2006 �p CiI1:STICR •.,f� oR'i TCU.dUDUSI".� RE: Final Plat #04-43 by Tom Meilander to be known as Southern Meadows. The Plat proposes to subdivide approximately 5.50 acres of land into 17 lots for single family residential development. The applicant is also requesting approval of a Substantial Land Alteration permit to allow for grading that exceeds 10 feet of cut or fill on the property. The property is located along the south side Pinewood Road SE and west of 34`h Avenue SE. Planninq Department Review: Applicant/Owner: Tom Meilander 3210 pinewood Road SE Rochester, MN 55904 Surveyors/Engineers: McGhie & Betts, Inc. 1648 3rd Avenue SE Rochester, MN 55904 Report Attachments: 1. Referral Comments 2. Location Map 3. Copy of Final Plat 4. SLA Materials Plat Data: Location of Property: The property is located along the south side Pinewood Road SE and west of 341h Avenue SE. Zoning: The property is zoned R-1 (Mixed Single Family) district on the City of Rochester Zoning Map Proposed Development: The Plat proposes to subdivide 5.58 acres of land into 17 lots for low density residential development. Wetlands: No wetlands are located on this portion of the property. Streets: This plat proposes to dedicate right-of-way for three new roadways and a portion of Pinewood Road SE. The first roadway designated as "Frankie Road SE" is designed BUILDING CODE 507/285-8345 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSINGMRA 507/285-8224 PLANNING2ONING 507/285-8232 • WELUSEPTIC 507/285-8345 FAX 507/287-2275 V V AN FOI IAI OPPORTUNITY/AFFIRMATIVE ACTION FMPI hVFR Page 2 March 2, 2006 Parkland Dedication: General Development Plan: Preliminary Plat: with a 56' right-of-way. Controlled access will need to be dedicated along both sides of the roadway for 35 feet south of the right-of-way of Pinewood Road SE. The second roadway designated as "Al's Place SE" is designed with a 50' right-of-way. No parking will be permitted on the north side of the roadway. The City Park and Recreation Department recommends that dedication requirements be met via: Cash ($6,150) in lieu of land with payment made prior to recordation of the final plat. This property is included within the Meilander General Development Plan. The City Council approved a preliminary plat on January 3, 2005 subject to the following 7 conditions: 1. The Plat shall be revised: a. Dedicating an additional utility easement (10' on either side of the pipe) for the water main that crosses the corner of Lot 1, Block 2. 2. Pede'strian facilities are required, at the expense of the developer, along both sides of all new public roadways constructed within this development, as well as, a 10' wide bituminous pedestrian path along the entire frontage of Pinewood Road SE. 3. Dedication of parkland and the exchange of parkland shall be handled in the form outlined in the November 16, 2004 Memorandum from the Rochester Park and Recreation Department. 4. Due to the location in the landscape, the property owner should examine the site for wetlands. The property owner is responsible for identifying wetlands. 5. No parking shall be permitted and shall be posted "No Parking" along the north/west sides of Frankie Place SE and along the east side of Ashtyn Lane SE from Frankie Place SE to (but not including) the cul-de-sac bulb. 6. There are inadequate on and off site public facilities, specifically Storm Water Management Facilities and Pedestrian Facilities, to accommodate the development of this Property. The development must be phased -in in a manner consistent with the City's planned infrastructure improvements. No development will be allowed to occur for any phase, until the City Council has determined that public facilities are adequate for said phase of development. Alternatively, the developer may request to join with the City in making these inadequate facilities adequate for this development, and may enter into a development agreement, prior to Final Plat submittal, that outlines the developer's and the City's obligations related to, but not limited to: stormwater management, transportation improvements, access control, pedestrian facilities, right-of-way dedication, contributions for public infrastructure, and the extension of public utilities to abutting properties where applicable. 1� Page 3 ` March 2, 2006 7. The temporary and long term access across the controlled access for Pinewood Road BE, to the existing homes on Lot 1, Block 1 and Lot 10, Block 2 shall be addressed in the Development Agreement. Substantial Land Alteration: This application includes a request for approval of land disturbing activities defined as Substantial Land Alteration according to Section 61.1101, 2.a.1 of the Rochester Zoning Ordinance and Land Development Manual (LDM). Section 62.1102 of the LDM allows the City to consider a request for excavation or substantial land alteration as part of a Type III application, such as a final plat, subject to making findings established in Section 62.1105 and 61.146 of the LDM. This development includes a proposal to change the grade in excess of 10 feet or more on one area of the property. As part of the grading for the subdivision the area generally in the vicinity of the intersection of Frankie Road BE and Als Place BE will involve changing the existing grade more than 10 feet. Sections 61.146, 62.1102 and 62.1105 of the LDM are attached. Staff Suggested Findings: If the City Council approves the proposed substantial land alteration, staff recommends the following findings to Section 62.1105 and 61.146 of the Rochester Zoning Ordinance and Land Development Manual: 62.1105 1) The activity should not result in danger to life or property. The grading and drainage plans will need to comply with City standards and be approved by the Rochester Public Works Department. 2) The grading plan for this project needs to be approved by the Rochester Public Works Department and it will document the extent of the work. Noise and dust control will need to comply with City standards. 3) The equipment conducting the grading work on the property will also be the equipment utilized to move the earth. The excess materials will be hauled off site. 4) The proposed excavation work should not affect air quality or ground and surface water quality. 5) The proposed grading work should not adversely affect the scenic quality of Rochester. There will not be any steep slopes or exposed rock faces. The natural topography of the area is being re -graded to provide adequate slopes for single family dwellings. 6) The result of the proposed activity will be compatible with existing development and development anticipated in the future. The finished result of the grading work will allow for development that is consistent with the land use plan. 7) The grading will be confined to the property and should not affect the use and enjoyment of adjacent properties. 8) The grading will be completed within two phases with each phase taking approximately 10 weeks to complete. There are homes in the immediate area that will be visually affected by Page 4 March 2, 2006 the grading activity for only a short time during the grading process. Noise and dust control will need to comply with City standards. 9) The grading and drainage plan will need to provide the proper restoration and stabilization in accordance with the adopted codes for the City of Rochester. 10) The grading and drainage plans will need to be reviewed and approved by the City. Stormwater management will be required for the development. 11) The areas of grading do not contain sinkholes or wetlands and should not effect the ground water or surface quality once restoration and stabilization is completed. 12) The grading work is expected to be completed within two phases, each phase taking approximately 10 weeks to complete. The duration seems appropriate for this type of activity and the size of the project. 13) The Rochester Public Works Department will need to review and approve the grading and drainage plan for this work. This plan must accommodate permanent and interim erosion and sediment control. 14) Surety will need to be provided that guarantees the site will be fully restored after the completion of the excavation activity. This surety can be provided through the owner -contract process for this development. If grading is to occur prior to an owner -contract, a separate surety will need to be provided. 15) The grading and drainage plan will need to be approved by the Rochester Public Works Department prior to any grading on the property. The Planning Staff would suggest the following findings for Section 61.146: 1) All material cut or fill within the project area is coming from or staying on the property. There will be no burden of use on the public roadways. 2) Not applicable. 3) Not applicable. 4) The Rochester Public Works Department will need to review and approve the grading and drainage plan for this work. This plan must accommodate permanent and interim erosion and sediment control. 5) Not applicable. 6) Not applicable. 7) Not applicable. 8) Not applicable. Page S March 2, 2006 Planning Staff Recommendation: Staff would recommend approval of the Final Plat subject to the following conditions: 1. Prior to recording the final plat documents, the applicant shall pay the E911 Addressing and GIS Impact fees, as c ltiined in the February 21, 2006 letter from the Rochester Olmsted Planning Department GIS/Addressing division. 2. The Plat documents shall be revised to include: • controlled access along both sides of Frankie Road SE for a distance of 35 feet from the right of way of Pinewood Road SE. • The document number for the recorded pedestrian easement along Pinewood Road SE should be included on the face of the final plat. • The apostrophe shall be removed from the roadway named Al's Place SE. 3. The applicant agrees that this subdivision will have an impact on the need for Parkland and that the dedication requirements are outlined in the memorandum from the Park and Recreation Department dated February 23, 2006. 4. Upon approval by the City Council for the Substantial Land Alteration, 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. If the City Council denies the Substantial Land Alteration, the grading plans shall be returned to the designers for reevaluation. 5. No parking shall be permitted and shall be posted "No Parking" along the north side of Als Place SE. 6. Prior to the recording of the final plat documents the revisions that are proposed/required to the grading plan shall be approved. ' Page 6 ��l March 2, 2006 Land Development Manual Excerpts Substantial Land Alteration 62.1102 Exempt Activities: l) Except as required for a reclamation plan, which may be imposed on any of the following activities as part of any required City permit or approval process, the provisions of these Sections 62.1100 through 62.1113 shall not apply to the following activities: a) The land area included within 15' or as reasonably defined by the City Engineer to allow soil stabilization of the identified boundaries of a building submitted for a building footing and foundation permit. b) Stormwater management facilities or other public infrastructure approved by the City. c) Excavations or blasting for wells, tunnels or utilities that have received all necessary governmental approvals. d) Refuse disposal sites controlled by other applicable City, State or federal regulations. e) On -going cemetery (burial) operations. f) Development activity for which a general development plan, subdivision permit or other Type III approval has resulted in the review of the proposed cut and fill work and for which a grading permit is required. To qualify for this exemption, the Council shall have made the findings established in Section 62.1105. g) Uses in the Central Development Core (CDC) District. 62.1105 Findings Necessary for Issuance of a Conditional Use Permit: The City shall approve a conditional use permit authorizing an excavation activity only if all of the following findings with respect to the proposed activity are made, in addition to those listed in Section 61.146: 1) The activity will not result in a danger to life or property due to (1) steep or unstable slopes, (2) unsafe access to the property, (3) excessive traffic, or (4) proximity to existing or planned residential areas, parks and roadways; 2) Visual, noise, dust, and/or excessive on- or off -site environmental impacts on public parks, roadways and residential areas can be adequately mitigated by the Applicant and a fully detailed plan is submitted by the Applicant to demonstrate the mitigation methods to be used, the cost of such mitigation, the source of funds for such mitigation, and adequate legal assurance that all of such mitigation activities are carried our, 3) The use of trucks and heavy equipment will not adversely impact the safety and maintenance of public roads providing access to the site, or such impacts will be mitigated; 4) The proposed use will not adversely affect air quality or ground water or surface water quality; Page 7 March 2, 2006 5) The proposed use will not adversely affect the scenic quality of Rochester or the natural landscapes, environment, wildlife and wildlife habitat; or if such effects are anticipated to occur, the reclamation plan provides for adequate restoration of the site following completion of the excavation activity; 6) The activity will be compatible with existing development and development anticipated in the future, including other uses as shown in the Comprehensive Plan, including but not limited to: patterns of land use, recreational uses, existing or planned development, public facilities, open space resources and other natural resources; 7) The activity will not unduly affect the use and enjoyment of adjacent properties; 8) The site plan provides for adequate buffers and screening year-round from unsightly features of the excavation operation; 9) The reclamation plan provides for adequate and appropriate restoration and stabilization of cut and fill areas; 10) The excavation activity will not result in negative impacts on drainage patterns or stormwater management facilities; 11) The proposed activity will minimize impacts on sinkholes, wetlands and other natural features affecting ground water or surface water quality; 12) The intensity and the anticipated duration of the proposed excavation activity is appropriate for the size and location of the activity; 13) Permanent and interim erosion and sediment control plans have been approved by the City; 14) Surety has been provided that guarantees the site will be fully restored, after completion of the excavation activity, to a safe condition, and one that permits reuse of the site in a manner compatible with the Comprehensive Plan, neighborhood plans, the Land Use Plan and applicable City policies. 15) The proposed activity complies with the requirements of the adopted building code. 61.146 Standards for Conditional Uses: The zoning administrator, Commission, or Council shall approve a development permit authorizing a conditional use unless one or more of the following findings with respect to the proposed development is made: 1) Provisions for vehicular loading, unloading, parking and for vehicular and pedestrian circulation on the site and onto adjacent public streets and ways will create hazards to safety, or will impose a significant burden upon public facilities. 2) The intensity, location, operation, or height of proposed buildings and structures will be detrimental to other private development in the neighborhood or will impose undue burdens on the sewers, sanitary and storm drains, water or similar public facilities. 3) The provision for on -site bufferyards and landscaping does not provide adequate protection to neighboring properties from detrimental features of the development. Page 8 March 2, 2006 4) The site plan fails to provide for the soil erosion and drainage problems that may be created by the development. 5) The provisions for exterior lighting create undue hazards to motorists traveling on adjacent public streets or are inadequate for the safety of occupants or users of t:,e site or such provisions damage the value and diminish the usability of adjacent properties. 6) The proposed development will create undue fire safety hazards by not providing adequate access to the site, or to the buildings on the site, for emergency vehicles. 7) In cases where a Phase I plan has been approved, there is a substantial change in the Phase II site plan from the approved Phase I site plan, such that the revised plans will not meet the standards provided by this paragraph. 8) The proposed conditional use does not comply with all the standards applying to permitted uses within the underlying zoning district, or with standards specifically applicable to the type of conditional use under consideration, or with specific ordinance standards dealing with matters such as signs which are part of the proposed development, and a variance to allow such deviation has not been secured by the applicant. 61.147 Conditions on Approval: In considering an application for a development permit to allow a Conditional Use, the designated hearing body shall consider and may impose modifications or conditions to the extent that such modifications or conditions are necessary to insure compliance with the criteria of Paragraph 61.146. �p I . ROCHESTER TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 DEPARWENT OF PUBLIC WORKS 2010 Street SE Room 108 Rochester, MN 55904-3740 FROM: Mark E. Baker 507-287-7800 FAX — 507-281-6216 DATE: 2/28/06 The Department of Public Works has reviewed the application for Final Plat #04-43, proposed as Southern Meadows. The following are Public Works comments on this request: 1. A Development Agreement has been executed and development of the Property is subject to the terms of said Agreements. 2. As specified in the Agreement, dedication of Controlled Access is required along both sides of Frankie Rd SE, extending 35 feet from the Pinewood Rd SE ROW. 3. Revisions are being proposed / required to the Grading Plan to address adequacy of down stream facilities. Recording of the Final Plat should not take place prior to the revised Grading Plan being approved, and the applicant receiving approval of the Substantial Land Alteration required for this development. Charges/fees applicable to the development of this property have/will be included in the Development Agreement(s) and/or City -Owner Contract. CADocuments and Settingslplajgarn\Local SettingslTemporary Internet Fi1est0LK61\FP04-43 Southern Meadows.doc Rochester -Olmsted Planning Department GIS/Addressing Division 2122 Campus Drive SE Rochester, MN 55004-4744 Phone: (507)285-8232 Fax: (507) 287-2275 FINAL PLAT REFERRAL RESPONSE DATE: February 21, 2006 TO: Jennifer Garness, Stephanie Foster FROM: Randy Growden GIS/Addressing Staff Rochester -Olmsted County Planning Department CC: Jan Chezick; Ed Kuisle RE: SOUTHERN MEADOWS FINAL PLAT #04-43 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 MAY 1, 2005. E911 ADDRESSING FEE: $1120.00 (16 LOTS/ADDRESSES) GIS IMPACT FEE: $ 705.00 (17 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/Olmsted County Planning Dept. A review of the final plat has turned up the following ADDRESS or ROADWAY related issues: 1. The roadway illustrated as AL'S Place SE has an apostrophe in it which can not be used. RECOMMENDATION: Remove apostrophe from roadway name but keep the roadway type Place and directional of SE. Note: Lot I Block I of plat has existing address, so no address fee assessed for that lot. ai1as Pik Rrac ROCHESTER PARK AND RECREATION Rochester, M1Y DEPARTMENT DATE: Feb 23, 2006 TO: Jennifer Garness Planning RE: Southern Meadows Final Plat #04-43 Acreage of plat.......................................................... 5.50 a Number of dwelling units ............................................. 17 units Density factor............................................................ .0244 Dedication............................................................... .41 a Fair market value of land ............................................. $15,000 / a (he Park and Recreation Department recommends that dedication requirements be met via: Cash in lieu of land in the amount of $6,150 (Al acres X $15,000 / acre) with payment made prior to recordation of final plat. J2895 0:4PARK DEDICATIONUOMSE 2895ZOUTHERN MEADOWS.00C rpq wt pledge. we deliver February 24,2006 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Final Plat #04-43 by Thomas Meilander to be known as Southern Meadows. Dear Ms. Garness: Our review of the referenced final plat is complete and we have no objections. The approved utility plans will need to be revised to show the new project limits prior to construction. Please contact us at 507-280-1500 if you have questions. Very truly yW�W�%I oursQ64�vx Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Thomas Meilander McGhie & Betts, Inc Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 Rochester Minnesota Land Surveying Urban - Land Planning Consulting - Civil Engineering Geotechnical Engineering February 6, 2006 Mr. Brent Svenby Consolidated Planning Department 2122 Campus Drive Rochester, MN 55904 RE: Exemption from Section 62.1101.2 (a) for Southern Meadows Subdivision Dear Mr. Svenby: Section 62.1101 of the Rochester Land Development Manual and Zoning Ordinance contains new standards for substantial land alteration projects. The grading of the Southern Meadows site will result in exceeding a 10-foot vertical cut and/or fill over various portions of the site. This project meets the definition of Section 62.1101.2.a.1(d) where the cut/fill involves a grade change of 10-feet or more from the pre-existing grades. The enclosed exhibit indicates the cut and fill areas on the site. The maximum fill would be less than 10 feet and the maximum cut would be approximately 12 feet. Construction Material Testing Section 62.1102.11 provides for an exemption provided there are sufficient Landscape Architecture findings made as contained in 62.1105. The following are suggested findings in support of the request: Section 62.1105(1-15). 1. The activity necessary to grade the portions in excess of 10-foot vertical cut/fill will not result in unstable slopes or unsafe access. The slopes on the site will be a maximum of 3:1 and a portion of the grading would involve cuts or fills in excess of 10'. 2. The environmental impacts of grading on this site to adjacent properties will be minimal. 1648 Third Avenue S.E. Rochester, MN 55904 Tel. 507.289.3919 Fax. 507.289.7333 e-mail. mbi@mcghiebetts.com 3. There is access to the site from Pinewood Road SE, to the north. It will be necessary to haul fill off of the site. Pinewood Road SE was reconstructed in 2004 and was designed as a 9 ton collector roadway. 4. The additional grading will not adversely affect air quality, the ground water, or surface water quality. 5. The natural topography of the area will be re -graded to provide adequate slopes for single — family dwellings for this development and the overall scenic quality will be maintained. 6. The grading is compatible with the proposed adjacent neighborhood developments. 7. The grading will be confined to the Southern Meadows site, and will not unduly affect the use and enjoyment of adjacent properties. TFR:ECEI�'EI�ES 1 7 2006 1 February 6, 2006 Page 2 The grading activity will take place in two phases, each taking approximately 10 weeks to complete. There are homes in the immediate area that will be visually affected by the grading activity for only a short time during the grading process. 9. The grading plan will provide for proper restoration stabilization in accordance with the codes for the City of Rochester. 10. The grading will not result in negative impacts on the drainage patterns. The grading of the site is such that run-off is directed to appropriate locations in the street and handled through the proposed improvements to the City storm water system. 11. The area of grading does not contain sinkholes and will not affect the groundwater or the subsurface water quality once restoration and stabilization is completed. 12. The grading of the site will take place in two phases, each taking approximately 10 weeks to complete. This time frame is appropriate for the size and location of this activity. 13. Permanent and interim (during construction) erosion/sedimentation control will be provided for in the grading plan. The city will review and approve this city/owner contract. 14. A performance and payment bond is required for all work associated with the construction of the public improvements. This bond will be submitted with the city/owner contract. 15. This development will comply with the standards in the Land Development Manual and on file with Public Works. Very truly yours, MCGHI BETTS, INC. 1 regory o.ond, P.E. PC: Tom Meilander RECEIN :'r FEB i/L3 ROCHESTER - ^_ =_ Pt INN++. - I PUBLIC REQUEST FOR COUNCIL ACTION PLANNING DEPT: MEETING Cr�l DATE: 03-06-06 I I tm utSGRIPTION: Final Plat #04-04 by Reynolds Properties of Rochester, LLC to be TPARED BY:known as Century Point Second Subdivision. The Plat proposes to subdivide resa Fogarty, approximately 10.37 acres of land into 30 lots for a single family residential development.nior Planner The property is located along the east side of East Circle Drive and north of Century Valley Road NE and is west of Century Hills Fifth and Eighth Subdivisions. March 2, 2006 Planning Department Review See attached staff report dated March 2, 2006, recommending approval subject to the following conditions: 1. Prior to recording the final plat: a. The final plat shall be revised dedicating controlled access along both sides of Century Ridge Lane NE, extending 75 feet from the Century Valley Rd NE right. of -way. b. The final plat shall be revised dedicating a 10 foot wide Pedestrian Facilities Easement along the west line of proposed Lots 2 and 3, Block 1. a. The final plat shall include the document number recording the drainage and conservation easement identified on the final plat. Ownership, Maintenance and Access to the proposed "Drainage & Conservation Easements' identified for the wetlands on portions of Lots 2, 3, 6 & 7, Block 1 needs to be addressed with Rochester Public Works prior to recording the Final Plat and may require modifications on the proposed easement boundaries. 2. A G1S Impact Fee and E911 Addressing Fee shall be assessed and must be paid prior to recording the final plat, per the February 27, 2006 memorandum from Rochester- Olmsted Planning Department — G!S Division. 3. Dedication of parkland shall be met via: Cash in lieu of land with dedication to be paid prior to recordation of the final plat, per the Rochester Park and Recreation memorandum dated February 23, 2006. 4. A Wetland related application has been approved by the City. Any changes to the plat or grading plan that affects grades andlor road placement will require a wetland review. Council Action Needed. 1. If 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 March 2, 2006. x, 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 at the Rochester / Olmsted County Government Center. on Monday, March 6, 2006 in the Council Chambers COUNCIL ACTION: Motion by: Second by: _ to: 4 W to LLJ U to ^r Ik L t p Z G Ain O\I 16 ♦per frH`t�'fi62p500.00 5uNFLPTTEn"_ Np i A T , •� _ y (G 4% 1i 1¢ 3t NO• 66( Ali allz-� Im, i l 1 �39 ;_ 14 Y Z'la jaa§?ie NVId 1N3NIdO13A3d IVy3NM VLOS3NNIY4'U31S3F00N �.4$�ape � MIT 1Sb131NlOd .l?1(ilND a 61 ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 CC YNT, OF www.ofmstedcounty.com/planning TO: Rochester Common Council � i+ixA'�•�'r'►i�� Q!ulv�n�at4t FROM: Theresa Fogarty, Senior Planner DATE: March 2, 2006 RE: Final Plat #04-04 by Reynolds Properties of Rochester, LLC to be known as Century Point Second Subdivision. The Plat proposes to subdivide approximately 10.37 acres of land into 30 lots for a single family residential development. The property is located along the east side of East Circle Drive and north of Century Valley Road NE and is west of Century Hills Fifth Subdivision. City Council Meeting: March 6, 2006 Planning Department Review.• ApplicanttOwner: Reynolds Properties of Rochester LLC 3552 West River Parkway NW Rochester, MN 55901 Surveyors/Engineers: Yaggy Colby Associates 717 Third Avenue SE Rochester, MN 55904 Referral Comments: Park and Rec. Department Rochester Public Works Department Rochester Public Utilities - Water Division Planning Department -GIS/Addressing Staff Planning Department - Wetlands LGU Representative Report Attachments: 1. Copy of Final Plat 2. General Development Plan 3. Location Map 4. Referral Comments (5 letters) 5. Memorandum from Yaggy Colby Associates, dated 1 /27/06. Development Review. - Zoning: The property is currently zoned R-1 (Mixed Single Family) district on the City of Rochester Zoning Map. Roadways: This plat proposes to dedicate right-of-way for two new public roadways. BUILDING CODE 5071285-8345 • GIS/ADDRESSINrIMAPPING 507/285-8232 • HOUSING/HRA 5071285-8224 PI-ANNING20NING 507/285-8232 • WEWSEPTIC 5071285-8345 FAX 507/287-2275 „�.,� AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 Final Plat #04-04 Ceqtury Point Second Subdivision March 2, 2006 Roadways (Continued): The first roadway identified as "Century Ridge Lane NE is designed with a 50' right-of-way ending in a cul-de- sac with a 53' radius. As specified in the Development Agreement, dedication of Controlled Access is required along both side of Century Ridge Lane NE, extending 75 feet from the Century Valley Road NE right-of-way. The second roadway identified as "Century Pine Lane NE" is designed with a 50' foot of right-of-way ending in a cul-de-sac with a 53' radius. Pedestrian Facilities: Dedication of a 10 foot wide Pedestrian Facilities Easement is required along the west line of proposed Lots 2 & 3, Block 1. Drainage: The Grading and Drainage Plans have been approved . A Development Agreement for this property has been executed. Wetlands: The Soil Survey and National Wetland Indicator maps were reviewed for the presence of wetlands. Wetland related application has been approved by the City. This plan incorporates the approved wetland plan. Any changes to the plat or grading plan that affects grades and/or road placement will require a wetland review. Prior to recording the final plat, the wetlands located on private lots as the drainage and conservation easement shall be recorded. Public Utilities: The final utility plans have been approved. Spillover Parking: As per Section 63.426 of the LDM, all residential development must provide spillover parking for service vehicles and visitors. This development requires 36 spillover parking stalls. It appears as though the additional parking can be accommodated on the roadways and most likely within private driveways, as well. Disposal of Trees & Brush: As per Section 61.200 of the LDM, any person seeking approval of a subdivision activity, development activity or a conditional use permit must indicate whether there will be burning of brush, trees or debris that will be cleared as part of the proposed activity. Disposal will be completed by burning, chipping an site and salvaging and removing fro the property. Parkland Dedication: The City Park and Recreation Department recommends that dedication requirements be met via: Cash in lieu of land with dedication to be paid prior to recordation of the final plat. Page 3 Final Plat #04-04 Century Point Second Subdivision March 2, 2006 General Development Plan This property is included within the Century Point First Amended General Development Plan by the City Council on February 7, 2003. Preliminary Plat Staff Review and Recommendation: A preliminary plat for this area was approved by the Council on March 15, 2004. The approval of the preliminary plat was subject to eleven (11) conditions: The conditions are listed below: 1. The Plat shall be revised: a. Changing the name of "Century Point Ridge Lane NE" to fit the 14-character rule, but keeping the roadway type of Lane and directional of NE. b. Naming the roadway identified as "Street A" The roadway name shall include the roadway type of Lane and directional of NE. 2. Dedication of parkland shall be met via: Cash in lieu of land with dedication to be paid prior to recordation of the final plat, per the Rochester Park and Recreation memorandum dated February 2, 2004. 3. Any areas of this subdivision that do not drain to an existing privately constructed detention facility, approved to serve this Property, are subject to participation in the City's Storm Water Management Plan. 4. A Wetland Delineation has been carried out for the property. The applicant has not yet submitted the delineation report. A replacement plan will be required if there are wetland impacts. If wetlands are avoided, the staff has suggested to the applicant that detailed design information must be submitted to show long term wetland avoidance. 5. Due to the higher elevation of this area, the property must be served directly from the High Level Water System. Static waterpressures within this area will range from 77 to 97 PSI. The builders must install pressure -reducing devices near the domestic water meters as required by the MN Plumbing Code. B. Prior to Final Plat submittal, the applicant shall enter into a Development Agreement with the City that outlines the obligations of the applicant relating to, but not limited to, stormwater management, park dedication, transportation improvements, pedestrian facilities, right-of-way dedication, access and extension of utilities for adjacent properties, and contributions for public infrastructure. 7. Dedication of a Noise Easement shall be required for the entire subdivision, prior to recording the Final Plat for this development. 8. Controlled access will be required along the entire frontage of East Circle Drive, and Century Valley Rd NE, with the exception of the proposed public street access, as shown on the Preliminary Plat. 9. Pedestrian facilities will be required along both sides of all new public roads within this property, as well as, the north side of Century Valley Rd NE. The Owner is also obligated to construct a 10 foot wide bituminous pedestrian path along the entire frontage of the Property abutting East Circle Drive, and dedicate any applicable easement and/or right-of- way needed for the path. 133 Page 4 �'}1 Final Plat 904-04 Cegtury Point Second Subdivision March 2, 2006 10. No Parking will be permitted on Century Valley Rd NE, on Century Point Ridge Ln. NE — west & north sides from Century Valley Rd NE to the cul-de-sac, and the north side of the unnamed street extending from Century Point Ridge Lane NE extending east to the cul- de-sac. 11. Prior to Final Plat application, the applicant/consultant shall verify that Lot 1, Block 1 and Lot 30, Block 1 will accommodate placement of a dwelling that meets setback requirements. Final Plat Staff Review and Recommendation The Planning staff has reviewed this final plat request for compliance with the Rochester Zoning Ordinance and Land Development Manual. The staff recommends approval of this final plat, as submitted, with the following conditions / modifications: 1. Prior to recording the final plat: a. The final plat shall be revised dedicating controlled access along both sides of Century Ridge Lane NE, extending 75 feet from the Century Valley Rd NE right- of-way. b. The final plat shall be revised dedicating a 10 foot wide Pedestrian Facilities Easement along the west line of proposed Lots 2 and 3, Block 1. C. The final plat shalt include the document number recording the drainage and conservation easement identified on the final plat. ownership, Maintenance and Access to the proposed "Drainage & Conservation Easements' identified for the wetlands on portions of Lots 2, 3, 6 & 7, Block 1 needs to be addressed with Rochester Public Works prior to recording the Final Plat and may require modifications on the proposed easement boundaries. 2. A GiS Impact Fee and E911 Addressing Fee shall be assessed and must be paid prior to recording the final plat, per the February 27, 2006 memorandum from Rochester- Olmsted Planning Department — GIS Division. 3. Dedication of parkland shall be met via: Cash in lieu of land with dedication to be paid prior to recordation of the final plat, per the Rochester Park and Recreation memorandum dated February 23, 2006. 4. A Wetland related application has been approved by the City. Any changes to the plat or grading plan that affects grades and/or road placement will require a wettand review. ROCHESTER PARK AND R�ZREATION DEPARTMENT 201 FOURTH STREET SE ROCHESTER MINNESOTA 56904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: Feb 23, 2006 TO: Jennifer Garness Planning RE: Century Point 2"d Final Plat #04-04 Acreageof plat.......................................................... 10.37 a Number of dwelling units ............................................. 30 units Density factor............................................................ .0244 Dedication............................................................... .73 a Fair market value of land ............................................. $23,000 /a The Park and Recreation Department recommends that dedication requirements be met via: Cash in lieu of land in the amount of $16,790 (.73 acres X $23,000 / acre) with dedication to be paid prior to recordation of the final plat. 0:1PARK DEDICATIONMO"E 289810ENTURY POINT 2NO.00C ROCHESTER M4k TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DATE: 2/28/06 DEPARTMENT OF PUBLIC WORKS 201 4" Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the application for Final Plat #04-04 proposed as Century Point Second Subdivision. The following are Public Works comments on this request: 1. A Development Agreement has been executed and development of the Property is subject to the terms of said Agreement. 2. As specified in the Agreement, dedication of Controlled Access is required along both sides of Century Ridge Ln NE, extending 75 feet from the Century Valley rd NE ROW. 3. Dedication of a 10 foot wide Pedestrian Facilities Easement is required along the west line of proposed Lots 2 & 3, Block 1. 4. Ownership, Maintenance, and Access to the proposed "Drainage & Conservation Easements" identified for the wetlands on portions of Lots 2, 3, 6, & 7, Block 1, needs to be addressed prior to recording the Final Plat and may require modifications to the proposed easement boundaries. Charges/fees applicable to the development of this property have/will be included in the Development Agreement(s) and/or City -Owner Contract. CADocuments and Settingstplajgarn\Local SetGngs7emporary Internet Files\0LK61\FP04-04 Century Paint 2nd Subd.doc rpu we pfedye, we deliver February 24, 2006 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Final Plat #04-04 by Reynolds Properties of Rochester, LLC to be known as Century Point Second Subdivision. Dear Ms. Gamess: Our review of the referenced final plat is complete and we have no objections. The final utility plans have been approved. Please contact us at 507-280-1500 if you have questions. Very truly 1�cyours, �V�rr ' 06-ja_� Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention i31 Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 Rochester— Olmsted Lounty Planning Department GISJ Addressing Division 2122 Campus Drive SE Rochester, MN 55904-4744 FINAL PLAT REFERRAL RESPONSE DATE: February 27, 2006 TO: Jennifer Garness, Stephanie Foster FROM: Randy Growden GIS/Addressing Staff Rochester -Olmsted County Planning Department CC: Jan Chezick; Ed Kuisle; Peter Oetliker RE: CENTURY POINT SECOND SUBDIVISION PHONE: (507) 285-8232 FAX: (507) 287-2275 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 MAY 1, 2005. E911 ADDRESSING FEE: $2100.00 (30 LOTS/ADDRESSES) GIS IMPACT FEE: $900.00 (30 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/Olmsted rn..nty rla:.,::.,., no.,. A review of the final plat has turned up the following ADDRESS or ROADWAY related issues: 1. Upon review of CENTURY POINT SECOND SUBDIVISION the GIS / Addressing staff has found no issues to bring forth at this time. 3� WETLAND COMMENTS FOR DEVELOPMENT APPLICATIONS Application Number: Final Plat #04-04 by Reynolds Properties of Rochester, LLC to be known as Century Point Second Subdivision ❑ No hydric soils exist on the site based on the Soil Survey ❑ Hydric soils exist on the site according to the Soil Survey. The property owner is responsible for identifying wetlands on the property and submitting the information as part of this application. ❑ A wetland delineation has been carved out for the property and is on file with the Planning Department. ❑ A wetland delineation is on file with the Planning Department and a No -Loss, Exemption, or Replacement Plan has been submitted to the Planning Department. ® A wetland related application has been approved by the City. This plan incorporates the approved wetland plan. ❑ No hydric soils exist on the property based on the Soil Survey. However, due to the location in the landscape, the property owner should examine the site for wetlands. The property owner is responsible for identifying wetlands. ® Other or Explanation: Any changes to the plat or grading plan that affects grades and/or road placement will require a wetland review. From John Harford Wetlands LGU Representative Harford John From: Wade Neubauer [Wneubaue@yaggy.com] Sent: Friday, January 27, 2006 8:46 AM To: jwellner@ci.rochester.mn.us; mnigbur@ci.rochester.mn.us; Hanford John; Wade Dumond Subject: Century Point 2nd (Wetlands) Attachments: coventry2nd-plat.pdf coventry2nd-plat.p df (260 KB) Gentleman, I've attached a .pdf of Coventry Hills 2nd plat for your information. It seems to me they had the same situation out here as we do in Century Point 2nd regarding the wetlands on private lots and not in their own outlot. What they did was cover it all in a drainage easement and also put up a bunch of "Wetland Warning" signs. I just got off the phone with John Wellner and what we are going to do is record a drainage/conservation easment prior to the Final Plat. Wade N. REQUEST FOR COUNCIL ACTION SECTION: PUBLIC HEARLNGS PLANNING DEPARTMENT ITEM DESCRIPTION: Type III, Phase I (n06-02) Appeal of the Type III, Phase I (#06-02) Variance Denial February 22, 2006 Zoning Board ofAppeals Action: MEETING DATE: 3, 06.'06 ITEM NO. PREPARED BY: Logan Tjossem On February 1, 2006 the Zoning Board of Appeals denied a variance request of the applicant; Diane Maas, to allow a variance to the Site Location "A" Standards of the R-2 (Low Density Residential) Zoning District for an office use. The applicant requested a variance to Section 63.252 (1) of the Rochester Zoning Ordinance and Land Development Manual to the Site Location "A" Standards of the R-2 Low Density Residential District. All other requirements for an office use in the R-2 zoning district could be met except the site location criteria. The staff report was presented in support of a denial to the request with public testimony for and against the variance request. Council Action Requested: Approve or deny the variance appeal by the applicant based on the original staff report and attachments bmitted to the Zoning Board of Appeals at their February 1, 2006, meeting along with any and all new aterial submitted including pictures and letters dated received as February 15`h, 2006. Attachments: 1. Copy of Minutes of the February 1, 2006 Zoning Board of Appeals meeting. 2. Copy of Staff Report submitted to the Zoning Board of Appeals, dated January 25'h, 2006. 3. Copy of new submittal materials including pictures and letters. Distribution: 1. City Administrator 2. City Attorney 3. Planning Department File 4. Applica:it: This item will be considered by the Council sometime after 7:00 p.m. on Monday, March 6`h, 2006, in the Council/Board Chambers at the Govermnent Center, 151 SE 4`h Street. Piz "u /yll604 ,nu �I COUNCIL ACTION: Motion by: second by: to: RocHESTER-OLNISTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 c o U x.. OF www.olmstedcounty.com/planning TO: Rochester Zoning Board of Appeals FROM: Logan Tjossem, Planner DATE: January 25, 2006 RE: Variance (Type III, Phase I), #06-02 February 1, 2006, Board of Appeals Meeting Plannine Department Review: APPLICANT: LOCATION OF PROPERTY: ZONING: REFERRAL AGENCY COMMENTS: ANALYSIS: Diane Maas 715 E. Center Street Rochester, MN 55902 to / OR•I IF •'•. City Lands 107-14-36 STATE PLT, Rochester, Olmsted County, Minnesota. R-2 (Low Density Residential) Zoning District. No Comments The applicant is proposing to modify a two unit duplex with an upstairs and downstairs apartment into a first floor office use with an apartment on the second floor. Both uses are an allowable use in the R-2 (Low Density Residential) Zoning District. The lot itself is 12,000 square feet in size. The first floor of the existing dwelling has a square footage of 960 square feet and the second floor has a square footage of 760 square feet. The floor area of the proposed office is .o6 (six percent) which is approximately half of the maximum allowable floor area of an office use in the R-2 (Low Density Residential) Zoning District. Section 63.252 (1) — Site Location "A" Standards, of the City of Rochester Zoning, Ordinance and Land Development Manual states that, "In an Established Zoning District, uses may locate at the intersection of a collector street and a higher order street (street classifications are based on the Thoroughfare Plan) or at the intersection of tivo higher BUILDING CODE 507/265-8345 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSINGIHRA 507/285-8224 PLANNING/ZONING 507/285-8232 • WELUSEPTIC 507/285-8345 FAX 507/287-2275 AN EQUAL OPPOR T UNITY;AFFIRMATIVE ACTION EMPLOYER 5�1 UJJ k004d /' City Administator Stevan Kvenvold March 6, 2006 201 4" St SE Rochester, MN 55904 Dear City Administrator Kvenvold, The Eastside Pioneers Neighborhood Association (ESPNA) supports the decision of the Rochester Zoning Board of Appeals to deny the requested variance, number #06-02, to site location criteria for an office use located in the R-2 (low density residential) zoning district. The property in question is owned by Ms. Diane Maas and is located at 715 East Center Street, within the Eastside Pioneers Neighborhood Association. The ESPNA was established to preserve and protect the integrity of our small working class neighborhood. This is our foremost concern. The majority of our neighborhood association is zoned R-1, R-2, low density residential. We have worked hard to make it that way and our goal is to keep it that way. The whole appeal of our neighborhood is the small town flavor of our unique cluster of early 20'" century homes. This is where families have come in the past, and will continue to come in the future, to live and to recreate together, in a location close -by, but distinctly separate from, the downtown business district. We appreciate the efforts of the Maas family to renovate homes within our neighborhood. But we are concerned about setting a precedent which conflicts with zoning standards and may make such standards unenforceable with future developments. For that reason we agree with the decision of the city of Rochester Zoning Board of Appeals. In order to ensure that the Eastside Pioneers Neighborhood Association remains an affordable, single family, residential neighborhood, it is our desire to see that proposed improvements for the renovation of homes and/or properties are carried out within the parameters of the city of Rochester's planning and zoning ordinances and have the approval of the Zoning Board of Appeals. Si eyLMicha—� President Eastside Pioneers Neighborhood Association 1143 3 1/2 St SE Rochester. MN 55904 mjl cc: Mayor, Rochester City Council, City Administrator, City Planner Mayor Ardell F. Brede 201 4" St SE Rochester, MN 55904 Dear Mayor Brede, Q �k'-OL�U1 ed cL Ad1h,Ch 61,i z- %ti� Knt l March 6, 2006 The Eastside Pioneers Neighborhood Association (ESPNA) supports the decision of the Rochester Zoning Board of Appeals to deny the requested variance, number #06-02, to site location criteria for an office use located in the R-2 (low density residential) zoning district. The property in question is owned by Ms. Diane Maas and is located at 715 East Center Street, within the Eastside Pioneers Neighborhood Association. The ESPNA was established to preserve and protect the integrity of our small working class neighborhood. This is our foremost concern. The majority of our neighborhood association is zoned R-1, R-2, low density residential. We have worked hard to make it that way and our goal is to keep it that way. The whole appeal of our neighborhood is the small town flavor of our unique cluster of early 20'" century homes. This is where families have come in the past, and will continue to come in the future, to live and to recreate together, in a location close -by, but distinctly separate from, the downtown business district. We appreciate the efforts of the Maas family to renovate homes within our neighborhood. But we are concerned about setting a precedent which conflicts with zoning standards and may make such standards unenforceable with future developments. For that reason we agree with the decision of the city of Rochester Zoning Board of Appeals. In order to ensure that the Eastside Pioneers Neighborhood Association remains an affordable, single family, residential neighborhood, it is our desire to see that proposed improvements for the renovation of homes and/or properties are carried out within the parameters of the city of Rochester's planning and zoning ordinances and have the approval of the Zoning Board of Appeals. Sincerely LaPlante :..� President Eastside Pioneers Neighborhood Association 1143 3 1/2 St SE Rochester, MN 55904 mjl cc: Mayor, Rochester City Council, City Administrator, City Planner 14) order streets. In the Developing District, uses may locate at the intersection of a major local street and a higher order street or at the intersection of two higher order streets. " The existing dwelling currently meets all of the requirements of the R-2 Zoning District Standards except the Site Location "A" Standards. As stated above an office use should be located at the intersection of a collector street and higher order street or at the intersection of two higher order streets. East Center Street is an Arterial and 7"' Ave SE is a Residential Local according to the Thoroughfare Plan. The applicant requests the following: • A variance to the Site Location "A" Standards of the R-2 (Low Density Residential) Zoning District for an office use. The Planning staff suggested findings are: EXCEPTIONAL CIRCUMSTANCES: There does not appear to be exceptional circumstances or conditions that apply to the applicant's property that may not apply generally to other properties in the same zoning district. The office and apartment use meet all of the requirements outlined in the City of Rochester Zoning Ordinance and Land Development Manual for the R-2 (Low Density Residential) Zoning District, however, the location restrictions are in place on certain types of permitted uses to insure their compatibility with surrounding land uses. REASONABLE USE: The granting of this variance request does not appear to be necessary to allow for the reasonable use of the applicant's property. The property could still be used as a duplex. ABSENCE OF DETRIMENT: The granting of this variance request does appear to be materially detrimental to the public welfare and adjacent property owners, and would be detrimental to the intent and purpose of the City of Rochester Zoning Ordinance. MINIMUM VARIANCE: The minimum variance that would be necessary to alleviate the alleged hardship would be a variance to the Site Location "A" Standards of the R-2 (Low Density Residential) Zoning District for an office use. Attachments: 1. Copy of Application 2. Copy of Applicant's Letter 3. Copy of Applicant's Proposed Site Plan 4. Copy of Site Location Map 5. Copy of Findings for a Variance Reviewed by: TYPL_.II, PHASE I DEVELOPMENT APPL,.;ATION CITY OF ROCHESTER The undersigned hereby makes application for a Type III Development as regulated by Section 60.530 0 City of Rochester Land C NAME OF APPLICANT: ADDRESS OF APPLICA TELEPHONE NUMBER: (home) / F7,j (work) - — / -// �/ FAX NUMBER %-_Ze7) S` Q 03-�,�_ E-MAIL (IF APPLICABLE) ADDRESS OF PROPERTY IF DIFFERENT THAN APPLICANT'S ADDRESS: SIGNATURE OF PROPERTY OWNER: LEGAL DESCRIPTION: �Y/ll A /la/J , S 4/J/7 C s..Z, , -7% — /i1 7 /*- FOR APPLICATION: (Please describe in detail if DATE: /— /—?— e � (Owner or Corporation) Return Application to: DISTRIBUTION: Planning Department: (white copy) City Clerk: (canary copy) Applicant: (pink copy) Fwm #: 1920-30 Rev. 21fi,04 Rochester —Olmsted Planning Department 2122 Campus Dr, SE, Suite 100 Rochester. MN 55904 RLCEt VED FOR'OFFICE USEONLY Date Received,- Q Received by: Application Fe._ 14 January 12, 2006 Olmsted Planning Department 2122 Campus Drive S.E. Suite 100 Rochester, Minnesota 55904 Attn: Logan Tjossem Re: 715 East Center Street Type III Phase I Variance I live at 707 East Center Street. I have recently purchased the adjacent rental property at 715 East Center Street and am now in the final stages of the renovation project at the property. The property has two units- the main floor unit and an upstairs unit. The variance I am requesting pertains to the use of the main floor unit being leased as an office. The potentigl tenant is REM Health Inc., for use as an administrative branch office, (the corporate office is located in the Twin Cities). There would be 2-3 employees working out of the location on a daily basis Monday through Friday 8am-5pm. There would be no normal weekend use. Once a month, there could be a meeting of 4-6 employees. There would be no public foot traffic in and out of the office. All criteria for this usage are met, with the exception of the site location criteria. While East Center Street is a major street, the property does not sit on a comer. However, the lot is 200 feet deep and meets Neitz Electric on the north boundary. The REM Health Inc. administrative office would be an asset to the neighborhood profile and I ask for the requested variance. Thank you for your consideration. Sincerely, Diane Maas, Owner RECEIVED y 1 J 2ru nGCrH i ER - C_YST_D VietzllEl``ectric Property` Nietz Electric Property'' 12' Privacy Fence 6' Cedar Area 200' Driveway 50' 25' 25' 7151East Center Street FI: ECEIVED DrivewayAN 1 3 2006 STER - C�yigTED 60' East Center Street North ^ D, UNIT 1 Square Footage 797 17' 127sq.ft 5' ,D Bsmnt Access 0 149sq.ft 40sq.ft Gel 13' 120sgdt. I 205sq.ft 10' Foyer/Stairs to 156sq.ft. Second Floor 12' 715 East Center Street RE CEI I7E JM1 1 3 2u06 RCCnESTER-^•i,- o: NPl I!4'G �=-sari ^c� North East Center Street NOT TO SCALE i _W F— i a ST NE m 6 e 7 ST SE W m W a m OYnslaa [ounlyiz rql re}ponyye ksemmavd6 ar prpn Unlana Mtin. Il Eiwepemes w IeuM xinin I1rz mep. pease nary Pe GIS pnsrw. flornawrvgmaYJ Cowly Plamnp Gepanment R]RR Cemms 0.rw SE, flomnl�, NA SBsm.150}) 365-02]2. s 60 Page 1 Of I 60.417 r Findings for Variances: In taking action on a variance request, the approval authority shall make findings supporting the decision based on the following guidelines Subdivision 1. The approval authority may grant a variance to the provisions of this ordinance if it finds that: A. there are extraordinary conditions or circumstances, such as irregularity, narrowness, or shallowness of the lot or exceptional topographical or physical conditions which are peculiar to the property and do not apply to other lands within the neighborhood or the same class of zoning district; B. the variance is necessary to permit the. reasonable use of the property involved; C. the variance will not be materially detrimental to the public welfare or materially injurious to other property in the area, is in harmony with the general purpose and intent of this ordinance; and; D. the variance as granted is the minimum necessary to provide reasonable economic use of the property. The extraordinary conditions or circumstances shall be found not to be the result of an action by the applicant or property owners who have control of the property. In addition, the approval authority shall find that development of the parcel in question cannot be integrated with development of adjacent parcels under the same ownership in such a manner so as to provide for the reasonable economic use of the total site in a manner consistent with the provisions of this ordinance. Subd. 2. The Board may grant a variance to the literal provisions of this ordinance if it finds that: A. There has been substantial and detrimental reliance in good faith by an applicant who has received a permit or certificate issued in error by the administrative official charged with enforcement of this ordinance, and B. the mistaken issuance of the certificate or permit is not the result of an action on the part of the applicant, the property owner, or any other person or party who has had control of the property, to provide misleading or incorrect information, or to knowingly withhold information necessary for the administrative official to accurately review the permit or certificate request. Subd. 3. The Board shall under no circumstances grant a variance that will allow a use otherwise not permitted within the zoning district or any variance of the elevation or levels for flood protection Subd. 4. In granting a variance, the zoning administrator February 7, 2006 Olmsted Planning Department 2122 Campus Drive S.E. Suite 100 Rochester, Minnesota 55904 Attn: Logan Tjossem Re: 715 East Center Street Type III Phase I Appeal I am writing this letter as a follow-up to my letter of January 12, 2006 (attached). With these letters, I am asking the Council to grant the site location variance with the stipulations that usage include a low -profile, unobtrusive business with no public foot traffic in and out and no outward signage. REM Health Inc. administrative office usage referred to in my original January 12s' letter would be in compliance with these stipulations. In further support of this variance being so -granted, it is to be noted that the Future Land Use Plan for this property shows it to be zoned Medium Density Residential (R-3); I believe it was also previously zoned R-3 prior to 1999. R-3 zoning allows for this type of office use. This stipulated variance would be in accordance with neighborhood concerns; I have included letters of support from adjacent neighbors and from the Eastside Pioneer Neighborhood Association, along with some "before" and "after" pictures. I invite all parties concerned to take a tour of this property, so as to see how beneficial the home and usage would be to the neighborhood. It is easier to make a sound decision when you have actually seen the property. If you would like to view the property at a particular time, please call me at 285-1975, or I will contact you to arrange a site visit. I look forward to working with you and with our neighborhood. Sincerely, Diane Maas, Owner �-�ra � r; �ff`j •I ,i I Type III, Phase I, Vari-,ice Request 406-02 by Diane Maas C EXCEPTIONAL CIRCUMSTANCES: ...the location restrictions are in place on certain types of permitted uses to insure their compatibility with surrounding land uses. Property Location — 715 East Center Street: South Side of Center Street: 1. Large apartment complex at the corner of 7ch Avenue and Center Street. 2. Buffingham Square (multiple ownership units) 704 East Center Street. 3. City of Life Outreach Center, at the corner of 8ch Avenue and Center Street. 4. Boy's & Girl's Club at 10th Avenue and Center Street North Side of Center Street: 5. Honker's Field, 403 East Center Street. 6. Town Hall Estates, in the 600 block of East Center Street. 7. Condemned Property, 621 East Center Street. 8. The Rochester Cemetery Association Office, 41 7`h Avenue N.E. Northern Boundary of Property: Nietz Electric Railroad Cemetery Western Boundary of Property: 3-Plex, 707, 709, 711 East Center Street, Diane Maas Owner, occupied as single family. Nietz Electric Railroad Cemetery Eastern Boundary of Property: Duplex, Gene Gorman, owner occupied. Nietz Electric Railroad Cemetery See Site Location Map RECEIVED Fl:8 1 ` [ FFEE6 RCC}-,.ESTER !'STED Variance 2006-02 t '�' ctzlro�d �O VI kEts `r 715 East Center Street 14a' N Site Location Map RECEIVED FES 1 5 2905 houses, J5T NE i I r i i 2 ST NE i w N 7 1 ST SE C Lb a :hnu G�nncarolmmmaa bolmgwme+xmn[wane Mmn, aCr+weae+a are rYm vnnn m+m+c � •k��_ ae u3 uauon. Tvyumr.Jlmme Gwry abmnq Gamnmm tl:2 Gmm+Jn.a 5E, Gamurr, ++++]99 W,;g➢ Rpy4�+) 5 Type III, Phase I, Vari".,ce Request #06-02 by Diane Maas — =� REASONABLE USE: I B. �FEa 15 2-006 ...for reasonable use of the applicants property. The property coul 're�;= PP P P Y• P P Ys�5 tt-� duplex. '�"_�•�--�— Yes, the property can still be used as a duplex. However, rental conditions in our area have deteriorated. "FOR RENT" signs on the lawns have become common every month. This makes for high turn -over and problem rental units with "drug houses" becoming more prevalent. A "drug -house" was recently vacated at 710 East Center Street across the street. Two rental properties, 816 and 826 East Center Street are for sale at this time; they find it is difficult to find quality renters. Therefore, an office in one unit of the duplex would only improve the profile of the immediate neighborhood. ABSENCE OFDETRIMENT. ...does appear to be materially detrimental to the public welfare and adjacent property owners. 1. "materially" This property has been completely renovated inside and outside and has great "curb appeal' -an asset to the neighborhood. *See Photos Before & After. 2. "detrimental to the public welfare -traffic" The entire duplex requires 5 parking places; 3 of these 5 are designated for the first floor office. All 5 parking places are located to the rear of the building. Town Hall Estates has recently been approved for 66 units with car traffic entering & exiting via 7`h Avenue and Center Street. Their traffic far exceeds our "3-car" requirement. Town Hall Estates is also not located on a comer but sits in the middle of a long block. 3. "detrimental to adjacent property owners" Adjacent property owners have given enthusiastic support of the variance with the following endorsements: 1. Roy Sutherland- 403 East Center Street, Letter to Approve. 2. Nietz Electric- 30 7`h Avenue N.E., Letter to Approve. 3. The Rochester Cemetery Association, 417 Ave N.E., Letter to Approve 4. Dale Maass, 7'h Avenue N.E., Signature to Approve 6) �I Type III, Phase I, Vari4..ee Request #06-02 by Diane Maas 5. Larry & Debbie Paulson- 12 7th Avenue N.E., Support Approval (out of town.) 6. Allison Maas- 16 7`h Avenue N.E., Support Approval (out of town.) 7. Chris Adamson- 24 7`h Avenue N.E., Support Approval (out of town.) 8. Variance Request- Petition to Approve 10 Properties -Signatures, as Listed. MINIMUM VARIANCE ...a variance to the Site Location "A" Standards. I met all the requirements for an office use except the last, site location. RECEIVED FEB 15 2006 1 J ROCHESTER - OL 7TE7 East Center is a major artery for police vehicles and ambulances and provides major traffic & parking needs for the Civic Center and Honker's Stadium public events. However, my property is not on a comer, but does sit on a large lot of 12,000sq./ft. (Lot is 60' x 200') allowing for ample rear parking. Town Hall Estates, likewise does not sit on a corner, but was recently approved. (I further understand that the Zoning Administrator or Board may impose reasonable & appropriatei conditions & safeguards.) Detrimental to the Neighborhood is, for example: -a drug house across the street or next door. -police with guns drawn on the house next door. -a condemned property sitting vacant for years in the 600 block of East Center Street. -illegal long-term "on -street" parking. -the potential for violence next door so worry some you cannot sleep comfortably. -the run-down condition of the property (715 E. Center) "before". -drug traffic in the area on foot and in vehicles. To renovate and take back a neighborhood, it is done "one house at a time': We cannot control who the next owner will be whether it befor an office space, a rental property, or a single family, owner occupied residence. We need to look at what "will" work and not what "won't" work. Also, there have been no modifications to the structure to accommodate an office -it isftnished as a 2-bedroom unit. If people see property being improved, being well cared for and properly managed, the neighborhood will only benefit and prosper. Tire enthusiastic support from the surrounding & adjacent property owners, indicates they strongly believe granting this variance would be beneficial and not detrimental to its all. We all believe in the integrity of our area. RECEIVED FEB 1 5 2006 ROCHESTER- C_YSTED January 30, 2006 Rochester Zoning Board of Appeals RE: Type III, Phase I, Variance Request #06-02 To Whom It May Concern: Over the years, I have been amazed at what Diane Maas has accomplished with the renovation of the homes on the comer of Center Street & 7ei Avenue. The rehab of these homes is tru, y amazing. They have become such an asset to the neighborhood. The renovation of the home located at 715 East Center Street SE will also benefit the neighborhood and the community. With the adage one house at a time, restoring this house to its former condition can only help the revitalization of that area The Park & Recreation Department with our extensive complex at 403 East Center Street is just as concerned about what occurs throughout that neighborhood as anybody. The Maas's are to be applauded for what they are doing to revitalize a small section of Center Street. Sine ?,rely, Roy Sutherland 1 1-31-06 Rochester Zoning Board of Appeals Re: Type III, Phase I, Variance Request #06-02 To Whom It May Concern: Please do whatever is necessary to allow the Maas's to renovate the house in question into an Office Space. The work they have done to help clean up our neighborhood has been absolutely terrific. I am sure you are aware that the previous tenants were somewhat less than model citizens and a low density, low traffic office would certainly be an asset to the area. We would like to see this project move forward in a timely manner and wholeheartedly endorse it. Sincerely, Timothy J. Fisc er President Nietz Electric, Inc. Mailing Address: PO Box 1148 Rochester, MN 55903-1148 Shipping Address.30 NE 7° Avenue Rochester MN 55906 P: 507.289.4522 1 F: 507.280.0599 An Equal opportunity Employer RECEIVED FEB 1 5 Z006 GYE$TE' '-CLLOSTED ...rgI , ,'CEc..orf.IEI.- Ae, Roe/zestelc 6ernete�y �/issoeiatio� Operating Oakwood Cemeterter OFFICE 41 - 7th Ave. N.E. JANUARY 30. 200 6 Rochester, Minnesota 55806 Phone 507-282.1608 Fax 507-282-6381 ROCHESTER ZONING BOARD OF APPEALS RE: TYPE III, PHASE I, VARIANCE REQUEST #06-02 TO WHOM IT MAY CONCERN: PLEASE RECONSIDER THE MAAS'S REQUEST TO RENOVATE THE HOUSE INTO AN OFFICE... ANYTHING THAT CAN BE USED FOR AS A DETERRENT FOR THE DRUG DEALERS ON THE EAST SIDE, SHOULD BE CONSIDERED! OAKWOOD CEMETERY IS CONCERNED ABOUT THE NEIGHBORHOOD, AND WHO WE HAVE FOR NEIGHBORS! WE APPLAUD THEIR EFFORTS! SINCERELY,` DONNA MC PHERRAN EXECUTIVE ASSISTANT OAKWOOD CEMETERIES 41 7TH AVE N.E. ROCHESTER, MN 55906 RECEIVED FEB 15 2006 ROCHESTER•OU:STED "'W4NG__— Tb _ The Rochester Cemetery Association is a nonprofit cemetery association governed by a board of trustees. z Mr. Logan Tjossem January 31, 2006 Planner Rochester Zoning Board of Appeals 2212 Campus Drive SE, Suite 100 Rochester, MN 55904-4744 Dear Mr. Tjossem: The Eastside Pioneers Neighborhood Association (ESPNA) applauds the efforts of Ms. Diane Maas and her family to renovate and preserve homes within our association. One such house, owned by Ms. Maas, located at 715 East Center Street, has undergone a major renovation. She transformed this once dilapidated house into an attractive, appealing, neighborhood structure. The aforementioned home is the subject of a site variance hearing now before the Rochester Zoning Board of Appeals. The ESPNA is hopeful that one day more people like the Maas family will step forward to renovate many of the unique, older, affordable, single family residential homes in our neighborhood. The ESPNA envisions that someday, in the very near future, we will see the establishment of a Center City Neighborhood Redevelopment Corporation. Older city neighborhoods, such as the ESPNA, would then be eligible for large scale financial incentives, such as Federal and State grants and loans to aid those who would be willing to undertake the renovation of the neighborhood's older affordable homes. This would promote the revitalization of our neighborhood through the preservation and renovation of many of our single family residential homes. Our neighborhood association was established to preserve and protect the integrity of our small working class, single family residential neighborhood. This is our foremost concern. We appreciate the efforts of both the Maas family and the city of Rochester Zoning Board of Appeals in their efforts to help us preserve our neighborhood. While a variance request puts our residential neighborhood goal at risk, perhaps something less permanent, non-transferrable, might be a more acceptable solution. The proposed use of the house for a small business is not a . problem from our perspective, provided that it remain small and does not infringe on the residential nature of the neighborhood. We have some concern about setting precedents that would result in loss of control of the quiet residential nature of our neighborhood, and would look to Planning and Zoning for their advise on how this request might be accomodated within that vision of the neighborhood. To ensure that the ESPNA remains an affordable, single family, residential neighborhood, it is our desire to see that any improvements that are proposed now or in the future, for the renovation of homes and/ or properties are carried out within the parameters of the city of Rochester's planning and zoning ordinances and have the approval of the Zoning Board of Appeals. Sin e�dre�l ,y4—�- Mich el J. LaPlante President Eastside Pioneers Neighborhood Association 11433Y2StSE Rochester, MN 55904 RECEIVED FEB 0 12006 ROCHESTER ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING Notice is hereby given that the Rochester Zoning Board of Appeals will hold a public hearing at 7:00 p.m. on Wednesday, February 1, 2006, in the Council/Board Chambers of the Government Center, located at 151 4th Street SE, Rochester, MN to consider the following: Tj peg 111, Phase 1,, Variance Request #06-01 by Diana Afoss for the Site Location Standards of an office use in an R-1(Low Density Residential) Toning District. The existing use is a two level duplex, which is located at 715 E Center St Sli: All interested persons are invited to attend or submit written continent on this matter. As they become available, agendas, staff reports, and minutes pertaining to this item will be - posted on the Planning Commission's website at: httt)://),v%v%v.co.olrtistcd.i-nn.tis/index.i)hp?loc= [002 Logan Tjossem, Planner Phone: (507) 285-8232 Rochester -Olmsted Planning RFCEIVED ROCHESTER - COASTED r' `NN!NG Dr PARTYENT GUK"-7.4ti AT ?/cr 4-. cE,L)T1E-K Sl LfB3 C-14-67- (:_9t/7—C:--) 7 A w 36- 744Ad E:- w ..one —n- i-n•_ ! �' ' w'c > k:• 6�i.5 =-�' a r. y F o� p)/' ,�. .T ey T "'�' ""ems+,-� •s..in "+•_: ; ` i 5' S�IFI ;9'$ '��'=-`J .� x >• 5� 5 4 j t'14 �$ 7¢a'tlr.� � a _ ! 11 s t " , Y '� j<r} `s R k f} J lowrj t1 u S�tG�s+s�ea yg` s t.!} F k�y; ' ] .•YYLLyyUU dQ ;; i S Yn , t 58, ...5 "yii �"k Fx$4L?,� xa���V 1 Tdsj� �P *a 1� � art'n'_. • a S.] 7 � J a Y IA ig Y�M .DAP x.,] 4 J :•} d"' e]' a m *M1.' r r i;A .�; {"'t,-��Ri'�-9y 5�] V ' t ` 7 i sd•'.r-,� ar k r f , ,.L . �$5iI11 ga p lit. t y r s:•Tary � `iFF "" .. * 8` -/-f; ,l;% ] t _ ,�„ � 4,i yi s3 ` w a ..z` �w "`AA w P v rr s l a fi t. M� a IS. rf ,e O s v �.�.�'�A �` p24 ,g( 4.�°y a�a ,.`'A r�+i"j's n ie ' r ti ,V S: '� wav-.w ♦ 3 je 1 Ri x :. -.. ff Mr Fs 9++," 5 nas ♦ S 5�''1-i�;6�' •�5/ W. �Ayt• t 'xd .ar''s�r' '3r¢ rz< k d s i� �rM-+ �"3gt' s '�o ui .. iu s}t'V � �. / •f +�—.� + "Ms+AA..xa ca r• •!. 9� Y fri -A `94 %�`I'r"�i flu I �1ti` cl4`ar7A t ] S�Wa Awl a1 ! , '• �.3+ +} ' x rm1` _!'L9p '7" iv, ..--""..0 F.:.i3 it8: S r s ♦ - .ems' �'"'�"�.^p* ��,-ems � ,'+ri txyy .--� - .. M11A3'-T� , Ie 4 $�V.yp`L WILL 0 0 RECEIVED FEB 1 -3 20C-0 `o L \$ k j y/ ..� .a £�f� a=©© °\ \ »<■ ? »« �% -� �� «,•®�%»z a• w k `6RPYIt r � ti k'u_� • Y.A per. Ci 3k Ce t< All u.. APTd Y tMM''m I 6l i • �� W'PY... ' �� L de iE ..��, gt y } • C3 v,�y t-ry d , F �5 I T J h: d )y) li�•Mk 5i. +�' I t r� i 3 yy j '3 t -i Page 3 City of Rochester Zoning Board of Appeals Hearing Date: February 1, 2006 Mr. Ohly statl�d that the Board needs to focus on subdivision 2 of the Ordinance and determine whe er Staff made a mistake. Mr. Mundt stated th the information provided to Staff was no re or no less than what is typically provi on site plans. He believed that th pplicant was not malicious in withholding i >`ormation. [by . Ohly moved to approve lance request # 6'01 by Gary Olson based on dings of a Variance, Section 0.417, the �ing Certificate was issued in error the Planning Staff. Mr. Ryan s ontll'ihe motion. The motion carried 4-2. Mr. McGuine made a motion to reogdTn Vlic hearing. Mr. Ohly seconded the motion. i* �+. Mr. Atkinson asked Mr. NigbypChen his father inXrmed the applicant of the problem. Mr. Nigbur replied that 0 Ober 6, 2005, Building Safe*b Mr. Atkinson noted at Building Safety knew about the allowed the appli nt to continue. Mr. Mundt %Wised the public hearing. was informed about the issue. for four months and Type III, Phase I, Variance Request #06-02 by Diane Maas for the Site Location KStandards of an office use in an R-2 (Low Density Residential) Zoning District. The existing use is a two level duplex, which is located at 715 E Center St SW Mr. Tjossem presented the staff report, dated January 13, 2006, to the Board. The staff report is on file at the Rochester -Olmsted Planning Department. Mr. Ohly stated that he will abstain from voting on this variance. Mr. Tjossem informed the Board that a zone change was made in 1999, from R-3 to R- 2, because the neighborhood association asked for the change. Mr. Mundt open the public hearing. Mr. Tyler Maas, son of Diane Maas, addressed the Board. He handed out pictures to the Board depicting the improvements Ms. Maas had done to the property in question. Ms. Diane Maas, applicant, (residing at 707 E Center Street, Rochester MN 55904) addressed the Board. She made note of the immediate neighbors such as drug dealers, condemned property for years, other multi -housing units and businesses. The business, for which she is asking a variance, would be strictly administrative work by three women. Page 4 City.of Rochester Zoning Board of Appeals Hearing Date: February 1, 2006 Mr. Joe Guyse (residing at 7340 County Road 19 SE, Rochester, MN 55904) addressed the Board. He stated that he owned two pieces of property: One located at 807 E Center Street and the other at 15 81h Ave SE. He is against the requested variance. Ms. Jeanette Stiftar (residing at 803 East Center Street, Rochester, MN 55904) addressed the Board. She concurred with Mr. Guyse. Mr. Brian Feight (residing at 29 8t' Avenue SE, Rochester, MN 55904) addressed the Board. He concurred with Mr. Guyse, Mr. Tim Ellinghuysen,(residing at 25 81h Avenue SE, Rochester, MN 55904) concurred with Mr. Guyse. Mr. Mundt closed the public hearing. Mr. Mundt reminded the Board of the findings and to address the findings. NCr McC�u �aK eny va iarirre,I. s #,4�i O�Yb qi a �IAaas based nn,� 4 a x i a.. + `:y..+`13. S'nr � V, x bs ➢i'�,,�, r �'' s,,:a� Y St�ff �ndmg r6SFfasiey secondedthe motion s7he motion carved 3 2 wish Mr lning:,,yx .z k >z{+r x,s * wr-: '°� {'`i . �hfi�"'.•`' s-}. { 4 rt q^ y 'ii- Si fra..{ fke e k i`TY4d rvrtRF.er.Y H $ W "t4 �' e y^l. +�' SWy M..' ICEPTI€)NA� CIRCUM5TANCES��hre die """rho it 6e exceiirsair w ': , , c �� races o cL,-1— ons t�taf�ag I ,tart a c roperty ' da0. ap�fy¢ t atlier grope s� sargeZan . istrctiT 1(fj rid �� a ails of tfie e r .0 t Iris t - heste� "rslt tan - �ancf.yyg'� ry. p e darrua �= - ' enstty M 9' pia `FT ..�L '49rYndF , '� . ^F Residential onin n£ c Bier a oc i 113 arey late orb; # aim peso of perm c �SO&Ta nsur eircompatibiii 'with°suu� ng Cann y>•u=. A � y'' 4 j a i u Sys +R � 4 � �.zt z wsr 'c S'" � °i�,� S REASOIAi3L USE The grantm� of this variance request does not appear to be necessary fo allgwx 4r' tFie reasonaple `u"s0 of the applicant`s,propet y4 Ehe propery could still b�e used as a duplexMe 'qr 1{ A Lam, .sY.`t ll.ws ABSENCE OF DETRIMENT.{The granting of thksFvarianceirequest does appear to be materially tletrimentaf to the public welfare an"adlacerit property owners, and would be`detrimertal to'thetintent and'purpose,of the City°of Rochester Zoning Ordinance. REQUEST FOR COUNCIL ACTION MEETING 0 DATE: 03-06-06 _ AGENDA SECTION: ORIGINATING DEPT:- :PR M NO. PUBLIC HEARINGS PLANNING �(� 1.� ITEM DESCRIPTION: Annexation Petition #06-01 by Think Federal Credit Union. The EPARED BY: applicant is proposing to annex approximately 9.95 acres of land located along the south Theresa Fogarty, side of Viola Road and along the west side of East Circle Drive in part of the E 1/2 of the Northwest 1/4 of Section 30 of Haverhill Township. Senior Planner February 27, 2006 City Planning and Zoning Commission Recommendation: The City Planning and Zoning Commission did not have their meeting on February 22, 2006 due to lack of a quorum. The City Planning and Zoning Commission will consider this request and the land use and zoning amendment requests at their March 8, 2006 meeting. Therefore, this request will need to be Continued until the April 3, 2006 City Council Meeting. Distribution: 1. City Administrator 2. City Clerk: 3. City Attorney 4. City Finance Director: 5. Planning Department File 6. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, March 6, 2006, in the Council Chambers at the Rochester / Olmsted County Government Center. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 3/6/06 AGENDA SECTION: ORIGINATING DEPT: ITEALNO. HEARING City Clerk t - / 0 A DESCRIPTION: Public Transportation Franchise for Continental Services PREPARED BAY: Scherr The application for a Public Transportation Franchise from Zuhier Mohdelhassan Hammadelniel, Rochester, owner of Continental Services at 15 West Center Street, was on the February 22, 2006, Council consent agenda. At the Council meeting, Terry Adkins, City Attorney, informed the Council that the Police Department had received information from a background check on the eligibility of the applicant. Mr. Adkins asked that a public hearing be held to receive further information. Sgt. John Laivell will be available at the meeting to provide information to the Council and answer any questions. COUNCIL ACTION REQUESTED A motion to approve or deny the Public Transportation Franchise for Zuhier Mohdelhassan Hammadelniel, Continental Services, for the period of April 1, 2006 through December 31, 2009, based on information from the public hearing. I NCI ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 03/06/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS Public Works • I — LI °M DESCRIPTION: PROJECT HEARING: (J4609) PREPARED BY: Construction of Public Sidewalk at Various Locations. M. Nigbura jii This is a Hearing to consider the project for the following local sidewalk improvement project: Project: City No. M6-01 (J4609) Construction of public sidewalk at various locations. ProiectProiect Background The City Council previously adopted a Feasibility Report for this sidewalk project. This project will include sidewalk construction for those locations that the land owner's were required to install pursuant to City Ordinance but have not installed the required facilities for a variety of reasons. City staff has previously provided the owners with notification of their requirement to construct the facilities prior to the recent assessment notices for the City's proposed project. To date several owners have constructed the required facilities within the timeframes required. Subsequently, these Owners are not part of the assessment process. However, several other owners have recently, after receipt of the assessment notice, stated they would still like to provide the sidewalk construction and not be part of the assessment process. Staff would recommend that all of the owners notified for the assessment hearing remain as part of the project at this time. Alternatively, prior to construction, if an Owner desires to complete the sidewalk on their own they may execute a City prepared pedestrian facility agreement outlining the owner's obligation and timing for construction of the facility. The estimated construction costs and expense of this project is $179,394.79 The project is proposed to be funded by special assessments j twt t COUNCIL ACTION REQUESTED: 1.Adopt the resolution authorizing the project. COUNCIL ACTION: motion by: Second by: to; \AR LOCAL IMPROVEMENT PROPERTY LIST 02/08/06 PAGE 1 \\....................................................................... C E R T I F I C A T E O F N 0 T I F 1 C A T 1 0 N I HEREBY CERTIFY THAT THE FOLLOWING PROPERTY LIST WAS MAILED TO THE PROPERTY OWNERS AS HEREBY LISTED ON THIS FORM. MAILED THIS .: ..Y. C'. .. APPROVED .. DATE DEP'AdTMENT UTHORIZED SIGNATURE ....................................................................... 4609 M6-01 CONSTRUCTION OF SIDEWALK AT VARIOUS LOCATIONS. TAXPAYERS NAME/MAILING ADDRESS L E G A L 0 E S C R I P T I O N PROPERTY ID LOT BLK "• BAIHLY HEIGHTS 6TH SUB •* STATE OF MINNESOTA LOT 9 BLK 4 64.03.32.048346 009 004 151 4TH STREET SE ROCHESTER MN 559C4 BAIHLY HEIGHTS SEVENTH •• STATE OF MINNESOTA LOT 1 BLK 2 64.03.33.051687 001 002 151 4TH STREET SE ROCHESTER MH 55904 •` BAIHLY MEADOWS 3RD SUB •• STATE OF MINNESOTA LOT 2 BLK 1 64.03.34.054499 002 001 151 4TH STREET SE ROCHESTER MN 55904 •* CENTURY HILLS COMMERCIAL PARK •• DEWAN PROPERTIES LLC LOT 7 BLK 1 73.30.21.067946 007 001 2736 CENTURY HILLS OR NE ROCHESTER MN 55906 "* CIRCLE DRIVE BUSINESS CENTER WEST CIRCLE DRIVE LLC LOT 1 BLK 1 74.20.43.060545 001 001 4115 26 ST NW SUITE 101 ROCHESTER MN 55901 *• CIRCLE 19 PLAZA ** WENNER PROPERTIES LLC LOT 2 BLK 1 74.29.11.060671 002 001 6745 BUCKTHORN DR NW ROCHESTER MN 55901 *• DIAMOND RIDGE 17 •• AHMET AND EM1NA BEGIC LOT 13 BLK 2 74.32.22.059693 013 002 703 50 AVE NW ROCHESTER MN 55901 ABOELMONEIM K ELNIMEIRY LOT 1 BLK 3 74,32.22.059694 001 003 4992 GEM LN NW ROCHESTER MN 55901 SARAH P MAHA LOT 2 BLK 3 74.32.22.059695 002 003 4980 GEM LN NW ROCHESTER MN 55901 KELLY A ANDERSON LOT 3 BLK 3 74.32.22.059696 003 003 4976 GEM LN NW ROCHESTER MN 55901 SHUKRI T MOHAMED LOT 4 BLK 3 74.32.22.059697 004 003 4968 GEM LN NW ROCHESTER MN 55901 ** EASTWOOD HILLS 2ND SUBD ** JOSHUA G LITTMAN LOT 7 BLK 4 63.05.44.057543 007 004 TAXPAYERS NAME/MAILING ADDRESS 999 PAR AVE LEMOORE CA 93245 • JUDITH A CZAPLEWSKI 1843 28TH ST NW ZOCHESTER MN 55901 GOLFVIEW DEVELOPMENT LLC 706 COUNTY RD 3 NW BYRON MN 55920 RAGAN-HEXUM PROPERTIES LLC 1242 MARION RD SE ROCHESTER MN 55904 ABBAS TABATABAI 2817 DEVON LN NE ROCHESTER MN 55906 ABBAS TABATABAI 2817 DEVON LN HE ROCHESTER MN 55906 NDGE TOWNHOMES ASSN D ST SW STE 200 ESTER MN 55902 DAVID T BISHOP 1185 PLUMMER CIR SW ROCHESTER MN 55902 BECCA LLC 1161 ASHLEY LN SW ROCHESTER TO NERSHIP P X 1013 ST CLOUD MN 55902 MN 56302 LOCAL IMPROVEMENT PROPERTY LIST L E G A L D E S C R I P T I 0 N ** FERNDALE REPLAT LOT 10 SLK 2 ** GOLFVIEW ESTATES LOT 11 BLK 2 ** NORTHERN SLOPES 1ST SUB OUTLOT A LESS BEG AT NWCOR OUTLOT A TH ELY 10OFT TH SLY 326.83FT TO THE SLY LINE OF OUTLOT A THE WLY 100FT TH NLY AL W LINE OUTLOT A 326.83FT TO PT OF BEG ** NORTHERN SLOPES 6TH SUB LOT 2 RLK 1 LOT 3 BLK 1 ** NORTHRIDGE TOWNHOMES LOT 13 BLK 1 ** PINE RIDGE ESTATES 3RD SUB OUTLOT C LESS PC DES AS FOL BEG SWCOR LOT 1 BLK 1 PINE RIDGE ESTATES 3RD SUBD TH W 268 DEGREES 20'54"AL W EXTENSION S LN SO LOT 1 75.72 FT TO THE E R-O-W LN CO RD NO 147 TH N134.52FT AL SD E R-O-W LN AL A CURVE TO THE SWCOR OUTLOT B SO PINE RIDGE ESTATES 3RD SUED TH E 88 DEGREES 20' 54" AL THE S LN SD OUTLOT B 10.30FT TO THE SECOR SO OUTLOT B TH N 20.58FT AL E LN SO OUT - LOT B AL A CURVE TO THE NECOR 50 OUTLOT 0 TH E 88 DEGREES 20'54" AL S R-O-W LN PONDEROSA DR SW 26FT TO NWCOR SO LOT 1 TH S178 DEGREES 20154" AL W LN SO W LN LOT 1 150FT TO THE PT OF BEG ** RADICHEL FIRST REPLAT LOT 5 BLK 1 ** RADICHEL 2N0 REPLAT LOT 2 BLK 1 02/08/06 PAGE 2 PROPERTY ID LOT SILK 74.22.34.007597 010 002 ww 74.17.21.051278 011 002 ** 74.24.31.016267 ww 74-24.42.047982 002 001 74.24.42.047983 003 001 ** 74.28.12.017462 013 001 64.15.12.063318 ww 74.29.44.050373 005 001 74.29.44.063699 002 001 ** RADICHEL 3RD REPLAT DAVID 4 BOYD LOT 2 BLK 1 74.32.11.072327 OOZ 001 TAXPAYERS NAME/MAILING ADDRESS 4021 MANOR WOODS OR NW ROCHESTER MN 55901 TROY W.NERLAND 6306 SOUTH POINTE OR SW °OCHESTER MN 55902 SUPERIOR RIDGE TOWNHOMES NO AS PO BOX 6494 ROCHESTER MN 55903 BRAD KLUCK PO BOX 7075 ROCHESTER MN 55903 GREENWAY COOP PO BOX 6878 ROCHESTER MN 55903 LOCAL IMPROVEMENT PROPERTY LIST L E G A L D E S C R I P T I 0 N *' SOUTH POINTE THIRD •• TH PT LOT 1 BLK 1 LYING N OF LINE DES AS FOL COM SECOR SD LOT 1 TH NLY 354DEG 26-07" AL ELINE SO LOT 1 83.24FT TO PT OF BEG TH WLY 249DEG 23'29" 151.28FT TO WLINE SO LOT 1 THERE TERMINATING ** SUPERIOR R1DG TNHMS RPL CIC207 ** LOT 67 BLK 1 COMMON ELEMENTS ** 37TH ST BUSINESS PARK ++ LOT 3 BLK 1 LOT 1 8 N15FT LOT 2 BLK 1 02/08/06 PAGE 3 `-1 PROPERTY ID LOT SILK 54.02.23.070372 74.29.12.065336 067 001 74.24.23.022855 003 001 74.24.23.053646 001 001 REQUEST FOR COUNCIL ACTION MEETING P ' DATE: 03/06/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS Public Works EM DESCRIPTION: ASSESSMENT HEARING: (J4609) PREPARED BY: Construction of Public Sidewalk at Various Locations. V M. Nigbur»+�� This is a Hearing to consider the levying of special assessments for the following local improvement project: Project: City No. M6-01 (J4609) Construction of public sidewalk at various locations. Project Background This project will provide sidewalk construction for those locations that the land owner's were required to install pursuant to City Ordinance but have not installed the required facilities for a variety of reasons. City staff has previously provided the owners with notification of their requirement to construct the facilities prior to the recent assessment notices for the City's proposed project. To date several owners have constructed the required facilities within the timeframes required. Subsequently, these Owners are not part of the assessment process. However, several other owners have recently, after receipt of the assessment notice, stated they would still like to provide the sidewalk construction and not be part of the assessment process. Staff would recommend that all of the owners notified for the assessment hearing remain as part of the project at this time. Alternatively, prior to construction, if an Owner desires to complete the sidewalk on their own they may execute a City prepared pedestrian facility agreement outlining the owner's obligation and timing for construction of the facility. 1 ti Jf Assessment Period All special assessments may be levied for a period of five years with interest charged at a rate of 5.75% annually on the unpaid balance, or they may be paid in full when levied. COUNCIL ACTION REQUESTED: 1.Adopt the resolution levying the proposed assessments. 2.Authorize the Mayor and City Clerk to execute any agreements that may occur as noted herein. NOTE TO CLERK: - Adopted assessment only. Billings are not to be sent until project substantially completed. COUNCIL ACTION: Motion by: Second by: to: r+vcr�uM ACI, t tUN: PUBLIC HEARINGS REQUEST FOR COUNCIL ACTION MEETING DATE: ORIGINATING DEPT: Public Works EM DESCRIPTION: PROJECT HEARING: (J7743) 7th Street NW from 13'n Ave NW to Cascade Creek Bridge # 55529 This is a Hearing to consider the following local improvement project: Project: City No.6207-4-05 (J7743) SAP 159-104-14 Reconstruction of 7th Street NW from 13' Ave NW to Cascade Creek Bridge # 55529. 1(1� 03/06/06 ITEM NO. Z-13 PREPARED BY: Project Background: 71 St NW was originally scheduled to be reconstructed from 1Ilb Ave NW to North Broadway (TH 63) in 2005. As the scope of the project expanded to include storm sewer work from 130 Ave NW the project was divided into two phases. The City Council approved the first phase reconstruction from Cascade Creek Bridge # 55529 to North Broadway (TH 63) on May 15, 2005. The currently proposed project is the second phase of the original reconstruction project for 711 Street NW. An informational meeting was held with the abutting property owners on February 15, 2006, and reschedule due to snow storm to March 1, 2006. Estimated Project Costs: February 6, 2006 Engineer Estimate Cast Construction- 300 - Street $1 175 600.00 500 - Pedestrian Facilities 700.00 400 - Storm Sewer 851 500.00 100 - Watermain 189 600.00 200 -Sanita 65 100.00 600 - Traffic Signals $10 000.00 $2,336,--- Project Cost Distribution: Fundin Distribution: Engineer Estimate Cost Munlci al State Aid Funds MSA 1 782 167.15 RPU - W atermain Funds $189 500.00 Rochester Local Funds - Sanita Sewer $65 100.00 S cial Assessments - Fronta a 1299632.85 S ecial Assessments - Water Service Connection O.OD TOTAL S9 aaa nnn nn COUNCIL ACTION REQUESTED: Adopt the resolution ordering the project to be made. Attachments: Feasibility Report C---ACILACTION: Motion ercents es;Share 7628% e M 8.11% hare 2.79°!merts Share 100.0% REPORT ON THE FEASIBILITY OF A PROPOSED LOCAL IMPROVEMENT PROJECT FOR: RECONSTRUCTION OF 7TH ST NW FROM 13TH AVE NW TO CASCADE CREEK BRIDGE # 55529 May 16, 2005 Honorable Mayor & Common Council City of Rochester, Minnesota A resolution proposing the following project: Reconstruction of 7th Street NW from 13th Ave NW to Cascade Creek Bridge # 55529. _Feasibility Renort We report the project is feasible and recommend its reconstruction. The Project to reconstruct 7th Street NW from 13th Ave NW to Cascade Creek Bridge # 55529 was included in the City's 2006 — 2011 Capital Improvement Program, with a recommended 2006 construction. The costs of this project should be paid from Municipal State Aid funds, Rochester public Utility funds, City local funds and assessment charges to abutting property owners Background: 7'e St NW was originally scheduled to be reconstructed from l lth Ave NW to North Broadway (TH 63) in 2005. As the scope of the project expanded to include storm sewer work from 13`s Ave NW the project was divided into two phases. The City Council approved the first phase reconstruction from Cascade Creek Bridge # 55529 to North Broadway (TH 63) on May 15, 2005. The currently proposed project is the second phase of the original reconstruction project for 7t° Street NW. This segment of 7th Street NW is an urban design with a width of 44 ft from face-to-face of curb. A 5 ft — 4 inch wide, concrete walk exists on both sides of the street. The existing right of way varies from 66 ft to 75 .ft and is owned by the City of Rochester. The geometry currently provides for four traffic lanes west of l lt" Ave NW and a single lane of traffic in each direction with parallel parking allowed in various areas, east of 11's Ave NW. The typical section consists of approximately 3 inches of sub -base sand class 4 and 8 inches of concrete pavement, with curb and gutter on each side. The pavement section was originally constructed in 1958. Many of the concrete panels are cracked and displaced. The cement surface is so worn that in places the pavement aggregate is protruding. The curbs are settled in many locations. All three city utilities (storm sewer, watermain, and sanitary sewer) exist in this developed part of town. The traffic signal located at I IthAve NW was installed in 1983. 7th Street NW currently has a load rating of a 9-ton per axle truck route. The Average Daily Traffic (ADT) was last counted to be 9,500 in 2002 and is projected to be 10,290 in 2006. The twenty-year ADT is projected to be 14,100 in the year 2026. The posted speed limit on 7th Street NW is 30 mph. -2—FEBRUARY 6, 2006 The Project: The project will reconstruct this 4 — 2 lane urban roadway, including parking lanes, sidewalks, curb & gutter, and minor modifications to the traffic signal at I lth Ave NW. The proposed improvement consists of removing the structurally deficient 9-ton concrete Pavement section, correcting the subgrade and aggregate base, and replacing the concrete Pavement with a new 10-ton design thickness. West of I I'h Ave NW, the typical section for the road surface width of 48 feet from face-to-face of curb includes a widening of approximately 2 feet on the either side, with concrete curb & gutter and pavement. It will generally consist of four 11 ft driving lanes, one 12ft parking lane for a short stretch, and 1Ift left turn lanes at the I I bAve NW intersection. East of I Ph Ave NW, the typical section for the road surface width of 46 feet from face-to-face of curb includes a widening of approximately 1 foot on the north side, with the curb face installed . integrant to the concrete pavement. It will generally consist of two 11 ft driving lanes, two 12ft parking lanes, and 11ft left turn lanes at the IPhAve NW intersection. Utility replacement includes storm sewer, watermain pipe and services, sanitary sewer structures, and minor modifications to the traffic signal at I Ith Ave NW. Boulevards will be narrowed approximately 2 feet on either side of the roadway to accommodate the widened roadway surface. The utility work will result in the removal of approximately 42 trees and relocating utility poles within the required 1.5 foot clear zone. A tree planting layout designed by the City Forester includes 51 new trees as part of the project. Concrete sidewalks adjacent to the curb section will be replaced as needed and concrete pedestrian ramps will be installed at street intersections. Recommendations: We recommend that the project be constructed and funded in accordance with the Capital Improvements Program (CIP 2006-2011), Major Streets Category, line 9. The engineer estimate is included with detailed information as shown in the table below: J--!'C( U_t?;4 ;fi).cl,'d�l )acp.i eacisiiin' F'perti 17;s'.I S( i(' 1-1 — 3 — FEBRUARY 6, 2006 Special Assessments Frontage: The cost of reconstruction as established by City Council Policy is $39.22 per assessable foot of the abutting residential properties and $62.75 per assessable foot of the abutting Commercial properties as shown in the table below: Street ReconstructiiiiiRiatey frontage Total Residential Zones feet 1,292.59 Cost $50,695.40Commercial Zones 3,96713 $24893745Industrial Zones $0.00 Subtotal $299,632.85 Special Assessments Service Replacement: It is expected that water line services may be replaced as part of the project. Replacement of wtermain is funded 100% by the Water Utility. However, the City of Rochester's Watermain and Sewer main Policy adopted by the City Council on October 20, 1997, requires than any lead or galvanized water services must be replaced with copper as part of wtermain replacement. Cost of service replacement charges for water and/or sewer will be billed directly to the property owner. If the service replacement charge is unpaid the City may levy the unpaid charge against the property as a special assessment. Payment of this assessment is required over a period not to exceed 5 years. Interest is charged at 5.75% annually from the date the service replacement is billed to the property owner Rate yr Watermain 2006 frontai:ii.:J Service Replacement Charges each feet 5/B" - 1" $1,119.12 1-1/2" - 3" $1,400.20 .00 4" - 6" $1,644.68 $0.00 Subtotal $D.00 Rate yr wermain 20D6 frontage Total rvice Replacement Charges [4" each feet Cost 6" 12" $1,11912 $000btotal S 1,644.68 $0.00 $0.00 itf �.il�".i'�I7::i=u'.fkiedd'e:aioilirc kcnnr! ! � .' U! 4. -4— FEBRUARY6,2006 Funding Distribution: The costs of this project should be paid from Municipal State Aid funds, Rochester Public Utility funds, City local funds and assessment charges to abutting property owners as follows: 11"omitted for your consideration: Russ Kelm Project Manager P:lPROJ@C75U_PROPJ7?431Desi-iDor.. Fe,ibijip, Report 17743.DC) APProved: Richard W. Freese, PE CitY Engineer �61 01, - 5 - FEBRUARY 6, 2006 Reconstruction of 7th Street NW from 13'' Ave NW to Cascade Creek Bridge # 55529. P VIRI IIT-.( V I.IlRI Ifsg7c411I kcipnUAl;xi�eAsihifily Rt�k+ri I79cZ I ); It' � l - 6 - FEBRUARY 6, 2006 BUDGET AND ASSESSMENT SCHEDULE FOR CONSTRUCTION CONTRACT of 7th Street NW from 13th Are NW to Cascade Creek Bridge # 55529 I'i _�Rr Vii;"i'A':=;,I:r) r; ;•qp�,.1J_sie;:a),�cs�.�'ea;iiilin� ttem,n :"d.' , �, i, . Interfaith Hospitality Network of Greater Rochester 811 7" Street NW Rochester, MN 55901 March 6, 2006 Re: Project No. 6207-4-05 Dear City Clerk: Pursuant to Minnesota Statutes, our organization is filing a written objection to the proposed assessment to our property at 811 7w Street NW. Our organization is not objecting to the project but we feel that we should be billed at the rate of 2005 when this project started rather than the current rate of $39.22 per foot. Thank you for your consideration to this matter. Sin, Ken S tZ Interfaith Hospitality Network Board Member REQUEST FOR COUNCIL ACTION MEETING Jq 1 DATE: 03/06/06 AfOtNLJA SECTION: PUBLIC HEARINGS ORIGINATING DEPT: Public Works :M DESCRIPTION: ASSESSMENT HEARING: (J7743) Reconstruction of 7th Street NW from Cascade Creek Bridge # 55529 to North Broadway (TH 63) ITEM r. PREPARED BY: R. Kelm This is a Hearing to consider the levying of special assessments for the following local improvement project: Proiect: City No.6207-4-05 (J7743) SAP 159-104-14 Reconstruction of 7th Street NW from 13'h Ave NW to Cascade Creek Bridge # 55529. Proiect Background: 7 St NW was originally scheduled to be reconstructed from 11'h Ave NW to North Broadway (TH 63) in 2005. As the scope of the project expanded to include storm sewer work from 131h Ave NW the project was divided into two phases. The City Council approved the first phase reconstruction from Cascade Creek Bridge # 55529 to North Broadway (TH 63) on May 15, 2005. The currently proposed project is the second phase of the original reconstruction project for 7th Street NW. An informational meeting was held with the abutting property owners on February 15, 2006, and reschedule due to snow storm to March 1, 2006. Estimated Proiect Costs: Fehnin" 6 gnnA Engineer Estimate Cost Construction- 300 - Street $1 175 600.00 500 . Pedestrian Facilities $44 700.00 400 - Storm Sewer $851 500.00 100 - Watermain S189 600.00 200 - Sanitary $65 100.00 600 - Tragic Si nals $10 000.00 $2,336,500.00 Proiect Cost Distribution: Fw --A 'nrw Distribution: tMutd I State Aid Fuds MSA 2167.15RPU - Watemain Fuds kEnginmrEstimateFundin 9600.00Rochester Local Fuds-Santa Sewer5.100.00S 'al Assessments -Fro a 9632.85S 'al Assessments - Water service Corectio$0.00TOTAL 6,5W 00 Distribution Percen CiiyStats Aid Share 7628% CityRPUShare 8.11% Ci sanitary Share 279% §gadah Assessments Share 12.82% TOTAL 1D0.09/6 Assessment Period All special assessments may be levied for a period of ten years with interest charge at a rate of 5.75% annually on the unpaid balance, or they may be paid in full when levied. COUNCIL ACTION REQUESTED: rT Adopt the resolution levying the proposed assessments. Attachments: Feasibility Report NOTE TO CLERK: - Adopted assessment only. Billings are not to be sent until project substantially completed t.uuNCIL ACTION: Motion 14 �-� Interfaith Hospitality Network of Greater Rochester 811 7 h Street NW Rochester, MN 55901 March 6, 2006 Re: Project No. 6207-4-05 Dear City Clerk: Pursuant to Minnesota Statutes, our organization is filing a written objection to the proposed assessment to our property at 811 7'b Street NW. Our organization is not objecting to the project but we feel that we should be billed at the rate of 2005 when this project started rather than the current rate of $39.22 per foot. Thank you for your consideration to this matter. Sincerel , • u Ken S ltz Interfaith Hospitality Network Board Member �0 8 rn A n m m � rm V I M0 --4 a+ Z m m �c— v nm s � no = F n O rn REQUEST FOR COUNCIL ACTION MEETING P / DATE: 03/06/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. o! 1 CCDI� 1�Ci7D�i lCr�'-S Public Works F_, ( °M DESCRIPTION: ADVERTISE FOR BIDS: (J7743) PREPARED BY: 7th Street NW from 13'h Ave NW to Cascade Creek Bridge # 55529 / R. Kelm This is a request for a resolution to advertise for bids for the following project: Project: City No.6207-4-05 (J7743) SAP 159-104-14 Reconstruction of 7th Street NW from 13'^ Ave NW to Cascade Creek Bridge # 55529. Project Background: 7'h St NW was originally scheduled to be reconstructed from 11'h Ave NW to North Broadway (TH 63) in 2005. As the scope of the project expanded to include storm sewer work from 131h Ave NW the project was divided into two phases. The City Council approved the first phase reconstruction from Cascade Creek Bridge # 55529 to North Broadway (TH 63) on May 15, 2005. The currently proposed project is the second phase of the original reconstruction project for 711 Street NW. An informational meeting was held with the abutting property owners on February 15, 2006, and reschedule due to snow storm to March 1, 2006. COUNCIL ACTION REQUESTED: A resolution should be adopted authorizing the City Clerk to advertise for bi# and conduct a bid opening on April 5 at 11:00 AM. n �- Note to City Clerk: Advertise 3 times in the Post Bulletin and Construction Bulletin beginning March 10, 2006. AttnrhmPnhc• Alm;-- -; o;A- NCIL ACTION: root,, by: Second by: to: REQUEST FOR COUNCIL ACTION n(i MEETING �VV�� DATE: 3/6/06 AGENDA RESOLUTIONS AND ORDINANCES 'M DESCRIPTION: icrSOLUTIONS AND ORDINANCES G. 1 ORIGINATING DEPT: IT CITY ATTORNEY'S OFFICE G G. 2. FIRST READING OF ORDINANCES, as appropriate. 2ED BY: L ADKINS A G. 3. SECOND READING OF ORDINANCES (for adoption). a) An Ordinance Annexing To The City Of Rochester Approximately 2.25 Acres Of Land Located In A Part i Of The Northwest Quarter Of The Southeast Quarter Of Section 5, Township 106 North, Range 14 West, r Olmsted County, Minnesota. Said property is located South of Eighth Street SW and Southwest of the S` Meadow Lake Estates. b) An Ordinance Rezoning Approximately 17.33 Acres Of Land From The M-1 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 East side of y.; St. Bridget Road and South of 40 Street SE. c) An Ordinance Rezoning Approximately 39.58 Acres From The M-1 Zoning District To The R-2 Zoning District and 12.31 Acres From The M-1 Zoning District To The R-3 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 at The Garden's Manufactured Home Park, East of St. Bridge,Road, North of 45" Street SE and South of future 40°i Street SE. G.4. MISCELLANEOUS CIL ACTION: Motion by: Second by: to: