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HomeMy WebLinkAbout03/20/2006_RegularCITY OF ROCHESTER so COUNCIL AGENDA COUNCIL/BOARD CHAMBERS GOVERNMENT CENTER 151 4T" STREET SE MEETING NO. 7 REGULAR ADJOURNED PLEDGE Cif ALLEGIANCE PAGE 1-2 A) OPEN COMMENT PERIOD B) CALL TO ORDER C)(D - n(o MARCH 20, 2006 7:00 P.M. C) LETTERS AND PETITIONS 3-4 1) Girl Scout Flag Ceremony 2) Feasibility Study for Westridge Hills Property in Section 27, Rochester Township • 5-6 D) CONSENT AGENDA/ORGANIZATIONAL BUSINESS 1) Approval of Minutes 7-8 2) "Women in Leadership Roles" Award Recipients 9-10 3) Decision on the Appeal of the Decision of the STB on the DM&E Powder River Basin Project 11-14 4) Change Order No. 1 — T-Hanger at the Rochester International Airport 15-20 5) Bid Award for Airport Fencing Project and Acceptance of the Federal Grant for 95% Funding 21-22 6) Licenses, Bonds & Miscellaneous 23-24 7) Approval of Accounts Payable 25-26 8) Acceptance of 2006 Seasonal Supply for Asphalt Materials 27-28 9) Accept Bids for 2006 Seasonal Supply for Ready -Mixed Concrete 29-30 10) Acceptance for 2006 Seasonal Supply of Aggregate Materials 31-38 11) Appointment (4) — Firefighter — Rochester Fire Department 39-44 12) Appointment (3) — Firefighter - Rochester Fire Department 45-48 13) Promotional Appointment — Police Sergeant — Rochester Police Department 49-56 14) Supplemental Agreement #2, #3, #4, #5, and #6 Gravity Flow Interceptor Phase I, J7712 57-58 15) Advertise for Bids (J7747) 2Id Avenue S.W. From 15` Street S.W. to West Center Street 59-62 16) Supplemental Agreement #2 Project # MO-74 (J9708) Overland Drive 40 N.W. 1W 63-66 17) Supplemental Agreement #1 Project #M1-50-2-04 (J7731) Bandel Road N.W. 67-68 18) Downtown Parking Changes 69-70 19) Parking Ramp — Free Evenings 71-72 20) Advertise for Bids (J4013) Harvestview Regional Storm Water Management Ponds 73-74 21) Engineering Services for Civic North Parking Lot Expansion 75-80 22) Use Agreement Between Mayo Civic Center and Rochester Visitors and Convention Bureau 81-84 23) Wetland Replacement Plan - Prairie Crossing West, Menard's North 24) Release Contribution Agreement— Forest Knoll Property E) HEARINGS 85-96 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. 97-98 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 651h Street NW. 99-136 3) Continued Hearing on General Development Plan #264 to be known as Prairie Crossing West, by Prairie Crossing, LLC located west of TH 52 and north of 651'h Street NW. 137-138 4) Continued Hearing on Final Plat #04-43 by Tom Meilander to be known as • Southern Meadows located along the south side Pinewood Road S.E. and west of 34'" Avenue S.E. 139-140 5) Proposal that the City of Rochester Consent to Issue to the City of Chatfield Revenue Bonds under Minnesota Statutes, Sections 469.152-469.1651. 141-146 6) Consider the Making of Local Improvement Project No. M5021 (J-7237) "Reconstruct Alley in 500 Block Between 9th Avenue SW and 101h Avenue SW". 147-148 7) Proposed Assessments for Local Improvement Project No. M5021 (J-7237) "Reconstruct Alley in 500 Block Between 9th Avenue SW and 10t" Avenue SW". 149-150 8) Consider an Expansion of Existing Residential Permit Parking Zone 6 on Fifth Avenue S.W. Between Fifth Street S.W. and Sixth Street S.W. F) REPORTS AND RECOMMENDATIONS 151-152 1) Resolution Requesting MnDOT Release of Access Control G) RESOLUTIONS AND ORDINANCES 153-154 H) TABLED ITEMS 1) OTHER BUSINESS J) ADJOURNMENT 0 REQUEST FOR COUNCIL ACTION MEETING DATE: 3/ Aroc OPEN COMMENT PERIOD ITEM DESCRIPTION: OPEN COMMENT PERIOD ORIGINATING DEPT: CITY ADMINISTRATOR ITEM NO. A PREPARED BY: S.KVENVOLD This agenda section is prim:xily 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. COUNCIL ACTION: Mouon by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 03/20/06 AGENDA SECTION: Letters & Petitions ORIGINATING DEPT: Mayor's Office ITEM NO. ITEM DESCRIPTION: Girl Scout Flag Ceremony PREPARED BY: Mayor Brede The Girl Scouts will present the colors and lead the Council in the Pledge of Allegiance at the beginning of the meeting in honor of Girl Scout Week March 12-19, 2006. COUNCIL ACTION: motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 3/20/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Letters and Petitions City Clerk I DESCRIPTION: Feasibility Study for Westridge Hills Property in Section 27, Rochester PREPARED BY: Township Judy Scherr A letter has been received from the McGhie & Betts, the engineer working with Westridge Hills Developers to develop the Westridge Hill Property in Section 27, Rochester Township. The letter is asking for information on the cost of various assessments for the property. The letter also notes that the developers have negotiated a settlement with the City regarding charges for reconstruction of 48`h Street S.W. and the associated Transportation Improvement District fees for the property along 48`h Street S.W. COUNCIL ACTION REQUESTED A motion to approve the prepared resolution referring the matter to the Public Works Department for a feasibility study. JNCIL ACTION: Motion by: second by: to: Rochester January 31, 2006 Mr. Jim Loehr Department of Public Works 201 SE 4`h Street —Room 108 Rochester, MN 55904 Minnesota RE: Westridge Hills Property in Section 27, Rochester Township MBI Project No. 3153/6013 HAND DELIVERS Land Surveying Dear Mr. Loehr: urban - Land Planning I am writing on behalf of our client who is working with our firm to perform a Consulting - civil Engineering feasibility study on the above -referenced property to determine the developability of two portions of the property. Geotechnical Engineering The attached map outlines the approximate area of the two parcels (Parcel #1 c"nsuzrch"" nn:uerial Testing and #2) that our client is interested in developing. Parcel #1 is identified with Landscape Architecture PIN 64819 and Parcel #2 as PIN 45732. As a part of the feasibility study, we need to know the assessments, either • levied or pending, connection fee, availability charges, Transportation Improvement District fees, and other similar existing and future charges. 1648 Third Avenue S.E. •Rochester, MN 55904 Tel. 507.289.3919 Fax. 507.289.7333 It should be noted that the current property owner, Westridge Hills Developers, have previously negotiated a settlement with the City regarding charges for reconstruction of 48th Street SW and the associated Transportation Improvement District fees for the property along 481h Street SW. We would appreciate your prompt attention to this matter and should you have any questions, please contact me. Yours very truly, McGhie & Betts, Inc. /Wcla: f. % *rn— William E. Tointon President WET/bd Attachment e-mail. mbi@mcghiebetts.com Established 1946 REQUEST FOR COUNCIL ACTION MEETING DATE: 3/20/06 Ar`10A SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY ADMINISTRATOR D-1-23 ITEM DESCRIPTION: APPROVAL OF CONSENT AGENDA ITEMS PREPARED BY: G.NEUMANN This RCA lists all the items which have been included in the consent agenda for this meeting. The Council can approve 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) "Women in Leadership Roles" Award Recipients 3) Decision on the Appeal of the Decision of the STB on the DM&E Powder River Basin Project 4) Change Order No. 1 — T-Hanger at the Rochester International Airport 5) Bid Award for Airport Fencing Project and Acceptance of the Federal Grant for 95% Funding 6) Licenses, Bonds & Miscellaneous 7) Approval of Accounts Payable 8) Acceptance of 2006 Seasonal Supply for Asphalt Materials 9) Accept Bids for 2006 Seasonal Supply for Ready -Mixed Concrete 10) Acceptance for 2006 Seasonal Supply of Aggregate Materials 11) Appointment (4) — Firefighter — Rochester Fire Department 12) Appointment (3) — Firefighter - Rochester Fire Department 13) Promotional Appointment — Police Sergeant— Rochester Police Department 14) Supplemental Agreement #2, #3, #4, #5, and #6 Gravity Flow Interceptor Phase I, J7712 15) Advertise for Bids (J7747) 2nd Avenue S.W. From 15r Street S.W. to West Center Street 16) Supplemental Agreement #2 Project # MO-74 (J9708) Overland Drive N.W. 17) Supplemental Agreement #1 Project #M1-50-2-04 (J7731) Bandel Road N.W. 18) Downtown Parking Changes 19) Parking Ramp — Free Evenings 20) Advertise for Bids (J4013) Harvestview Regional Storm Water Management Ponds 21) Engineering Services for Civic North Parking Lot Expansion 22) Use Agreement Between Mayo Civ c Center and Rochester Visitors and Convention Bureau 23) Wetland Replacement Plan - Prairie Crossing West, Menard's North COUNCIL ACTION REQUESTED: Motion to approve consent agenda items COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION r1 i MEETING DATE: 03/30/06 Ar=GtiOA SECTION: ORIGINATING DEPT: ITEM NO. Consent Mayor's Office ) ITEM DESCRIPTION: "Outstanding Women in Leadership Roles" Award Recipients PREPARED BY: Mayor Brede March 28, 2006, will mark the 8th Annual "Outstanding Women in Leadership Roles" Award — Recognition Luncheon. This event is sponsored by the City of Rochester and Olmsted County Diversity Program Committee. Our Diversity Program Committee sponsors quarterly enrichment/educational sessions for our employees. In recognition of March as National Women's History Month, three women from the City of Rochester, vill receive this award. The Award winners were nominated by their colleagues and were selected utilizing the following criteria. V� Commitment to Diversity � Leadership Style '!�r Commitment to Community The 2006 Award Winners from the City of Rochester are: LAURA ANDREWS, Rochester Public Utilities JANE COCKER, Rochester Public Utilities DEANNA HAHN, Rochester Public Utilities COUNCIL ACTION: motion by: second by: to: 9 REQUEST FOR COUNCIL ACTION MEETING DATE: AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT CITY ADMINISTRATOR L _ 3 ITEM DESCRIPTION: DECISION ON THE APPEAL OF THE DECISION OF THE STB ON THE DME POWDER RIVER BASIN PROJECT PREPARED BY: G. NEUMA% The city has until April 14, 2006 to file an appeal relating to the Surface Transportation Board's decision on the Final Supplemental Environmental Impact Statement. The Council will meet in closed session at the 3/20/06 Committee of the Whole meeting to discuss this project with the City Attorney. Council Action Requested. Approval to file an appeal on the Final Supplemental Environmental Impact Statement. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING / l DATE: 3/20/06 A('"r)A SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda City Clerk j` - Z/ ITEM DESCRIPTION: Change Order No. 1 - T-Hanger at the Rochester International Airport PREPARED BY: Steve Leqve The Rochester Airport Commission recommends that the Council approve the following reductions in the contract with Weis Builders associated with Project No. J-6919 "T-Hanger No. 5 Construction at the Rochester International Airport". Deduct on Site Preparation for T-Hanger No. 5-$34,358.73 Deduct on Pier Obstruction Allowance for T-Hanger Building-$9,900.00 COUNCIL ACTION REQUESTED A motion to approve Change No. 1 and authorize the Mayor and City Clerk to execute the agreements. COUNCIL ACTION: Motion by: second by: to: e OlArNER ❑ GENERAL CONTRACTOR Cl 'Ucuntent G701 ARCHITECT ❑ CONTRACTOR ❑ FIELD ❑ OTHER ❑ PROJECT: 052841 T-HANGAR NO-5 ROCHESTER, MN SITE PREP. STATE PROJECT NO. 5501-145,J-6919 GENERAL CONTRACTOR WEIS BUILDERS, INC. 2227 7TH STREET NW ROCHESTER, MN 55901 The Contract is changed as follows: 1. DEDUCT TO FINALIZE CONTRACT AMOUNT ORIGINAL: 150,159.00 LESS ACTUALS 115 800.27 34,358.73 CHANGE ORDER NUMBER: I INITIATION DATE: 01/10/06 CONTRACT FOR: SITEWORK PREPARATION CONTRACT DATE: 9/16/05 -$34,358.73 TOTAL CHANGE ORDER: -$34,358.73 Not valid until signed by the Owner, Construction Manager, Architect and Contractor. Signature of the Contractor indicates agreements herewith, including any adjustment in the Contract Sum or Contract. The original (Contract Sum) was..................................................................................... $150,159.00 Net change by previously authorized Change Orders..................................................................... $0.00 The (Contract Sum) prior to this Change Order was......................................................................... $150,159.00 The (Contract Sum) will be (decreased) by this Change Order in the amount of ................................. ($34,358.73) The new (Contract Sum) including this Change Order will be............................................................ $115,800.27 The contract time will be (unchanged) bry ( 0 ) days. The date of Substantial Completion as of the date of this Change Order therefore is. . ................... unchanged Note: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive. ARCHITECT GENERAL CONTRACTOR OWNER MCGHIE &.BETTS WEIS BUILDERS, INC. CITY OF ROCHESTER 1648 3RD AVE SE 2227 7TH STREET NW 201 4TH STREET SE ROCHESTER, MN ROCHE TER, MN 559 BY BYZ BY -J�� 4 DATE DATE 1/11/06 DATE AIA DOCUMENT 0701 1987 EDITION AIA 1987 THE ANIBRICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW., WASHINGTON, D.C. 20006 G701-1987 13 OWNER ❑ GENERAL CONTRACTOR ❑ DocumentG701 ARCHITECT ❑ CONTRACTOR ❑ FIELD ❑ OTHER ❑ PROJECT: 052838 T-HANGAR NO.5 ROCHESTER, MN SCHEDULEII STATE PROJECT NO. TH-XX,J-6919 GENERAL CONTRACTOR: WEIS BUILDERS, INC. 2227 7TH STREET NW ROCHESTER, MN 55901 The Contract is changed as follows: DEDUCT FOR PIER OBSTRUCTION ALLOWANCE CHANGE ORDER NUMBER: 1 INITIATION DATE: 01/10/06 CONTRACT FOR: GENERAL CONST. - BLDG. CONTRACT DATE: 9/16/05 -$9,900.00 TOTAL CHANGE ORDER:-$9,900.00 Not valid until signed by the Owner, Construction Manager, Architect and Contractor. Signature of the Contractor indicates agreements herewith, including any adjustment in the Contract Sum or Contract. The original (Contract Sum) was..................................................................................... $338,104.00 Net change by previously authorized Change Orders ..................................................................... $0.00 The (Contract Sum) prior to this Change Order was......................................................................... $338,104.00 The (Contract Sum) will be (decreased) by this Change Order in the amount of ....................................... $9,900.00 The new (Contract Sum) including this Change Order will be............................................................ $328,204.00 The contract time will be (unchanged) by ( 0 ) days. The date of Substantial Completion as of the date of this Change Order therefore is .....................unchanged Note: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive. ARCHITECT GENERAL CONTRACTOR OWNER MCGHIE & BEM WEIS BUILDERS, INC. CITY OF ROCHESTER 2227 7TH STREET NW ROC TER BY 55 01 J/ BY7 DATE DATE 01/11/06 DATE AIA DOCUMENT G701 1987 EDITION AiA 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVF., NW., WASHINGTON, D.C. 20006 G701-1987 REQUEST FOR COUNCIL ACTION MEETING DATE: 3/20/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Rochester International Airport b ITEM DESCRIPTION: Bid Award for Airport fencing project and acceptance of the Federal PREPARED BY: Grant for 95% funding. Steven W.Legve The Rochester Airport Commission recommends and requests Council authorization to: 1. Bid award to Century Fence Company for the Perimeter Fencing Project at the Rochester International Airport. This project has both security and safety (wildlife prevention) benefits. We have been contacted by the FAA and told to expect discretionary money for this project. Bid award will be pending the receipt of Federal Funding. This project is in the CIP. City Project #6971. Bid amount: S1,157,837.62 (complete bid tabs attached) Eng. Estimate: S1,541,990.00 Funding: 95% Federal 5% Local 2. Acceptance of the Federal Grant that will provide 95% funding for this project. COUNCIL ACTION REQUESTED: Resolution authorizing the Mayor and the City Clerk to execute the bid award to Century Fence Company and accept the Federal Grant. COUNCIL ACTION: Second Rochester Minnesota Lmd Swveying Urban - Land Planning Crnrsulting - Civil Engineering March 9, 2006 �SfcSt, Rochester International Airport Steve Leqve, Airport Manager Flelgerson Drive SW Rochester MN 55902 RE: Recommendation to Award 2006 Perimeter Security Fend Rochester International Airport Dear Steve: Bids were received on March 8, 2006, for the referenced project. Four (4) bids were received and a tabulation of the bids is attached. Century Fence Company was the apparent low bidder. Geelechnirtl Engineering At the time bids were opened, Century Fence Company indicated a DBE percentage of Consnnction Material Testing 7% which meets the DBE goal of 4.94%. Landscape Architecture In our opinion, Century Fence Company has met the bid requirements for this project. It is our recommendation that the City accepts the bid of Century Fence Company and offers them a contract for this project. Very truly yours, 4MM�G & BETTS, INC. /avid L. Morrill, P Pc: Century Fence Company Airport Consulting Services Group RS&H 1648 Third Avenue S.E. Rochester, MN 55904 Tel. 507.289.3919 Fax. 507.289.7333 e-mail. mbi@mcghiebetts.com 3 N < s « w wj T V 6 x 8 8 8 8 8QQ 8q 8� S C $ 8 8$ 8 8 8q 8 Sq 8g 8 S Sy q u y$y g pp8 q g y w a ««$ s tt a s x g g n tt tt p w x 8» n z S „ .- a 8 8 8 8 8 8gg g 8g 8 8 C i G� 8 8$$ S o$ H A 8 8 8 8 8$ �9 N c_ N K ggV n c z it c z an a $$$$$ k s m s 4 y K $ $ $ $ $ $ S 8 0 $ 8 ffi 8 « o $ $ 8 8 0 $ N $ 8 y s o c F v m REQUEST FOR COUNCIL ACTION MEETING DATE: 3/20/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY CLERK L) , ITEM DESCRIPTION: LICENSES, BONDS & MISCELLANEOUS CITY ACTIVITIES PREPARED 13 ( DONNAJSCHOTT The following licenses, bonds and miscellaneous activities a: e submitted for the Council's approvals or disapprovals. All are pending departmental approvals, the required insurance, bonds, fees and all outstandi,.g debts with the City of Rochester. GAMBLING — TEMPORARY Olmsted County/ Mite Hockey Association 2625 Highway 14 West Rochester, Mn. 55901 Pull Tabs for Dart Tournament 4/13/06 to 4/16/06 Olmsted County Fairgrounds — Graham Arena Rochester Juvenile Hockey Association 2625 Highway 14 West Rochester, Mn. 55901 Pull Tabs for Pool Tournament 4/20/06 to 4/23/06 Olmsted County Fairgrounds — Graham Arena Camp Companion Inc. PO Box 7478 Rochester, Mn. 55903 Raffles 9/30/06 Silver Lake Park Ronald McDonald House 850 2nd St SW Rochester, Mn. 55902 Raffles 6/25/06 RCTC Campus — Heinze Center 1549 4`h St SE ICE CREAM VENDING — RENEWAL David Perez Ramirez DBA Dream Icicle 1618 Marion Road SE Rochester, Mn. 55904 COUNCIL ACTION: Motion by: second by: to: a; - LICENSES, BONDS AND MISCELLANEOUS CITY ACTIVITIES MARCH 20, 2006 PAGE HVAC A-1 Fireplace Installation 636 W 6"' St St. Charles, Mn. 55972 MASTER INSTALLER Steve Haley 636 W 6`h St St. Charles, Mn. 55972 MISCELLANEOUS Rochester Area FamilyYMCA 709 11T Ave SW Rochester, Mn. 55902 1.5 to 3 Mile Walk/Run 3/23/06 Strong Kids Campaign Rochester Track Club, YMCA & Other Non -Profit Organizations 5035 56`h St NW Rochester, Mn. 55901 Med-City Marathon 5/28/06 Soldiers Field Parents Are Important in Rochester (PAIR) 623 Wooddale Court NW Rochester, Mn. 55901 5K Fun Run/Walk 10/14/06 Bear Creek Park & Bike Trails COUNCIL ACTION REQUESTED A motion to approve the above licenses, bonds and miscellaneous city activities. REQUEST FOR COUNCIL ACTION MEETING DATE: 3/20/06 AGENDA SECTION: Agenda ORIGINATING DEPT: Finance Department ITEM NO. ' J Consent -b _ ITEM DESCRIPTION: PREPARED By. Approval of Accounts Payable Dale Martinson Respectfully request a motion to approve the following cash disbursements: Investment purchases of $6,502,826.95 Accounts payable of $7 697,530.62 Total disbursements $14,200,357.57 (Detailed listing of disbursements submitted separately.) COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING �y DATE: 3/20/06 Ar--Ftir)A SECTION: Consent Agenda ORIGINATING DEPT: Finance Department ITEM NO. ITEM DESCRIPTION: Acceptance of 2006 Seasonal Supply for Asphalt Materials PREPARED BY: Jennifer King The Rochester Public Works Department has received a bid for the 2006 SEASON SUPPLY OF ASPHALT MATERIALS from Flint Hills Resources, LP. Marathon Ashland Petroleum LLC did not respond to the bid request. Listed below are the bid prices submitted. Item No. Description Flint Hills Resources Marathon Ashland 1. Tack Oil, FOB 1.00/gal. No Bid CSS-1H an estimated 10,000 gals., price per gallon. 2. Cationic Asphalt Emulsion 1.04/gal. No Bid CRS-2 an estimated 32,500 gals., price per gallon. 3. Cationic Asphalt Polymer Modified 1.29/gal. No Bid Emulsion CRS-2P an estimated 32,500 gals., price per gallon. The Public Works Department has reviewed the bid received and recommends that the bid from Flint Hills Resources, LP be accepted COUNCIL ACTION REQUESTED; Adopt a resolution authorizing the acceptance of bid for the 2006 SEASONAL SUPPLY of Asphalt Materials from Flint Hills Resources, LP. Authorize the Mayor & City Clerk to sign a contract with Flint Hills Resources, LP. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 3/20/06 d /' ACc"'nA SECTION: ORIGINATING DEPT: Finance Department ITEM NO. _ Consent Agenda ITEM DESCRIPTION: Accept bids for 2006 Seasonal Supply for Ready -Mixed Concrete PREPARED BY: Jennifer King The Rochester Public Works Department has received bids for the 2006 SEASON SUPPLY OF READY -MIXED CONCRETE from Rochester Ready Mix, Leitzen Concrete, All Concrete, Inc. The Public Works Department has reviewed the bids and recommends the following: Accept the bid offered by Rochester Ready Mix. Item No. Description Est. Quantities Unit Cost Leitzen Ruch Ready Mix All Concrete 1. Concrete Mix 350 $96.00 $85.05 $87.50/CY No. 3A32 2. High Early Concrete 50 $106.50 $89.50 $99.35/ CY Mix No. 3A32 (with 30% additional cement) 3. Exposed Aggregate Concrete 25 $105.80 $70.00 $97.00/CY Mix No. 3A36C The Street Maintenance Division will use these concrete materials for the replacement of pedestrian ramps, sidewalks, and curb and gutter repair. COUNCIL ACTION REQUESTED: Adopt a resolution authorizing the acceptance of bid for the 2006 SEASON SUPPLY OF READY - MIXED CONCRETE from Rochestei Ready Mix. Authorize the Mayor & City Clerk to sign a contract with Rochester Ready Mix for the above named supplies. COUNCIL ACTION: Motion by: second by: to: may' REQUEST FOR COUNCIL ACTION MEETING DATE: 3/20/06 Ar'rNDA SECTION: ORIGINATING DEPT: ITEM NO, Consent Agenda Finance Department ITEM DESCRIPTION: Acceptance of 2006 Seasonal Supply of Aggregate Materials PREPARED BY: Jennifer King The Rochester Public Works Department received 4 bid proposals for the 2006 SEASON SUPPLY OF AGGREGATE MATERIALS. Bids were received from: Shamrock Enterprises and Milestone Materials. Shamrock Enterprises was low bid for items IA, 1 B, 2A, 2B, 3A, 3B, 4A, and 4B. Milestone Materials was low bid for items 5A & 5B. Shamrock Milestone Braaten Winona Item 1A Washed Sand — Est. Qty 4000 Tons $6.30/ton $6.49 $5.00 no bid FOB Pit — Loaded into City Trucks 1 B Delivered to points in the City $9.30/ton $9.99 $9.86 $13.16 Item 2A Pit Run Gravel - Est. Qty 500 Tons $4.45/ton $4.50 $4.18 no bid FOB Pit - Loaded into City Trucks 2B Delivered to points in the City $7.45/ton $8.00 $9.04 no bid Item 3A %" Crushed Rock Base — Est. 2500 Tons $5.75/ton $&69 no bid no bid FOB Quarry — Loaded into City Trucks 3B Delivered to points in the City $8.75/ton $9.19 no bid no bid Item 4A 6" Oversize Rock — Est. Qty 600 Tons $5.40/ton $5.39 no bid no bid FOB Quarry — Loaded into City Trucks 413 Delivered to points in the City $8.40/ton $8.89 no bid no bid Item 5A 'Pea Gravel' - Est. Qty 1700 Tons $12.00/ton no bid no bid no bid FOB Quarry — loaded into City Truck 56 Hauled & Delivered to: $15.00/ton no bid no bid $22.16 4000 W River Parkway, Rochester Quarry distances: Milestone 3.5 miles sand & gravel, 6 miles for crushed rock, Shamrock 9 miles for sand/gravel/crushed rock, Braaten 10.3 miles for sand/gravel, Winona 45 miles for sr_nd. COUNCIL ACTION REQUESTED: Adopt a resolution authorizing the acceptance of bids for the 2006 SEASON SUPPLY OF AGGREGATE MATERIALS with Shamrock Enterprises as low bid for items 1B, 2B, 3B, 4B, 5A & 5B. Milestone Materials as low bid for items 3A& 4A. Braaten Sand & Gravel as low bid for items I & 2A. Authorize the Mayor and City Clerk to sign contracts for the various supplies as noted above. JNCILACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING 31 / DATE: 3/20/06 "JDA SECTION: ORIGINATING DEPT: ITEM NO. Organizational / Consent Agenda Human Resources b -/ f ITEM DESCRIPTION: Appointment (4) - Firefighter- PREPARED BY: Rochester Fire Department Linda Gil r d The resignation of Steve Chopp, Firefighter, effective September 16, 2005; ` the retirement of Vern Starke, Fire Captain, effective September 30, 2005 resulting in the promotional appointments approved by the City Council October 17, 2005 of Chris Bailey to the position of Fire Captain and Eric Propotnik to the position of Motor Operator effective October 27, 2005; and the military leave of absence authorized for Eric Kerska, Fire Captain, and resulting temporary promotional appointments approved by the City Council October 17, 2005 of Matt Mueller to the position of Fire Captain and Dave Beagle to the position of Motor Operator effective October 27, 2005; and the resignation of Darrell Eiler, Firefighter, effective February 25, 2006 created four (4) vacancies for the position of Firefighter. NOTE: Authorizing an appointment to the position of Firefighter as a result of the military leave of Eric Kerska, temporarily increases the authorized number of positions within the Fire Department and would be recommended to be approved with the condition should any additional vacancies for the position of Firefighter occur within the Fire Department prior to the expected return of Eric Kerska from military leave in 2007, one Firefighter position will not be filled. The Fire Civil Service Commission has submitted a list of three candidates for of the positions of Firefighter and recommends the appointment of one candidate for each of the four Firefighter positions. COUNCIL ACTION REQUESTED: Appointments of Spencer A. Goetzman, Adam J. Wallin, Eric B. Thompson and Jeremy G. Meyer to the position of Firefighter in the Rochester Fire Department effective March 30, 2006. COUNCIL ACTION: Motion by: Second by: to: ROCHESTER r/(/LG%Z�ZB:JGI�CL FIRE CIVIL SERVICE COMMISSION JOE POWERS JOHN WITHERS ROGER FIELD March 15, 2006 Honorable Council Members City Council City Hall Rochester, MN 55904 Dear Council Members: The resignation of Steve Chopp, Firefighter, effective September 16, 2005 created a vacancy for the position of Firefighter. We respectfully request that you make one (1) appointment to the position of Firefighter from the following list of qualified candidates 1. Spencer A. Goetzman 2. Adam J. Wallin 3. Eric B. Thompson Fire Chief David Kapler desires to have the appointment effective March 30, 2006. Respectfully Submitted, John Withers Secretary Fire Civil Service Commission 33 ' �bftd AMERICA CI11' W", March 15, 2006 ROCHESTER FIRE CIVIL SERVICE COMMISSION JOE POWERS JOHN WITHERS ROGER FIELD Honorable Council Members City Council City Hall Rochester, MN 55904 Dear Council Members: The retirement of Vern Starke, Fire Captain, effective September 30, 2005 resulting in the promotional appointments approved by the City Council October 17, 2005 of Chris Bailey to the position of Fire Captain and Eric Propotnik to the position of Motor Operator effective October 27, 2005, created a vacancy for the position of Firefighter. We respectfully request that you make one (1) appointment to the position of Firefighter from the following list of qualified candidates Adam J. Wallin 2. Eric B. Thompson Jeremy G. Meyer Fire Chief David Kepler desires to have the appointment effective March 30, 2006. Respectfully Submitted, John Withers Secretary Fire Civil Service Commission R.00HESTER ✓U�/�i�iV�fJ�l�i FIRE CIVIL SERVICE COMMISSION JOE PC WERS JOHN WITHERS ROGER FIELD March 15, 2006 Honorable Council Members City Council City Hall Rochester, MN 55904 Dear Council Members: The military leave of absence authorized for Eric Kerska, Fire Captain, and resulting temporary promotional appointments approved by the City Council October 17, 2005 of Matt Mueller to the position of Fire Captain and Dave Beagle to the position of Motor Operator effective October 27, 2005 created a vacancy for the position of Firefighter. We respectfully request that you make one (1) appointment to the position of Firefighter from the following list of qualified candidates 1. Eric B. Thompson 2. Jeremy G. Meyer 3. Chad M. Kuntz Fire Chief David Kepler desires to have the appointment effective March 30, 2006. Respectfully Submitted, John Withers Secretary Fire Civil Service Commission • • ROCHESTER t�� N vV�CI�LV FIRE CIVIL SERVICE COMMISSION JOE POWERS JOHN WITHERS ROGER FIELD March 15, 2006 Honorable Council Members City Council City Hall Rochester, MN 55904 Dear Council Members: The resignation of Darrell Eiler, Firefighter, effective February 25, 2006 created a vacancy for the position of Firefighter. We respectfully request that you make one (1) appointment to the position of Firefighter from the following list of qualified candidates 1. Jeremy G. Meyer 2. Chad M. Kuntz 3. David A. Christie Fire Chief David Kapler desires to have the appointment effective March 30, 2006. Respectfully Submitted, vti WrHUV&1'I' John Withers Secretary Fire Civil Service Commission a« �r,....,fil.,mmmim 4'm.lnusr V % JAL -N 20W The hand to peach t,,_ MEMORANDUM DATE: January 9, 2006 TO: Fire Civil Service Commission FROM: Chief Kapler ' '! t— SUBJECT: REQUEST TO HIRE Due to the termination of Firefighter Darrel Eiler effective February 25, 2006, f would like to request that we hire a firefighter to replace him from the current firefighter eligibility roster. I would like this appointment to be effective as soon as possible. Thank you. r. 1111C�10• lb The nr,e to ream roc.. MEMORANDUM DATE: December 15, 2005 TO: Fire Civil Service Commission FROM: Chief Kapler SUBJECT: REQUEST TO HIRE I respectfully request that you forward to the City Council a list of candidates from the established eligibility roster for appointment to the three (3) vacant Firefighter positions. The vacancies were created in 2005 by the retirements of Captain Vern Starke and Firefighter Steve Chop; and the military deployment of Eric Kerska. In addition, three (3) names should be brought before the Council to fill the three (3) new firefighter positions authorized from the Safer Grant. Thank you. REQUEST FOR COUNCIL ACTION MEETING DATE: 3/20/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Organizational / Consent Agenda Human Resources b - ITEM DESCRIPTION: Appointment (3) - Firefighter- Rochester Fire Department PREPARED BY: Linda Gilsrud The City C-)uncil approval and acceptance on January 9, 2006 of the US Department of Homeland Security "SAFER Grant" award in creates three (3) additional firefighter positions and increases on duty staffing levels. The Fire Civil Service Commission has submitted a list of three candidates for of the positions of Firefighter and recommends the appointment of one candidate for each of the three Firefighter positions. COUNCIL ACTION REQUESTED: Appointments of Chad M. Kuntz, David A. Christie, and Joshua M. Petersen to the position of Firefighter in the Rochester Fire Department effective March 30, 2006. COUNCIL ACTION: Motion by: Second by: to: �J blow {H-,,,'"„A`IT' RtJCHESTER �i�rceva�a FIRE CIVIL SERVICE COMMISSION JOE POWERS JOHN WITHERS ROGER FIELD March 15, 2006 Honorable Council Members City Council City Hall Rochester, MN 55904 Dear Council Members: The City Council approval and acceptance on January 9, 2006 of the US Department of Homeland Security SAFER Grant" award in creates three (3) additional firefighter positions and increases on duty staffing levels. We respectfully request that you make one (1) appointment to the position of Firefighter from the following list of qualified candidates 1. Chad M. Kuntz 2. David A. Christie 3. Joshua M. Petersen Fire Chief David Kapler desires to have the appointment effective March 30, 2006. Respectfully Submitted, John Withers Secretary Fire Civil Service Commission '.-ftd AMER ICA CITY V'r March 15, 2006 ROCHESTER FIRE CIVIL SERVICE COMMISSION JOE POWERS JOHN WITHERS ROGER FIELD Honorable Council Members City Council City Hall Rochester, MN 55904 Dear Council Members: The City Council approval and acceptance on January 9, 2006 of the US Department of Homeland Security "SAFER Grant' award in creates three (3) additional firefighter positions and increases on duty staffing levels. We respectfully request that you make one (1) appointment to the position of Firefighter from the following list of qualified candidates 1. David A. Christie 2. Joshua M. Petersen 3. John J. Busch Fire Chief David Kapler desires to have the appointment effective March 30, 2006. Respectfully Submitted, \je) John Withers Secretary Fire Civil Service Commission 2.. 2'numm�nnnnnlHi Tmelmm. i�- ,v.1 MERICA cm IMP March 15, 2006 ROCHESTER ✓�/GG�G�'GBJO�CL FIRE CIVIL SERVICE COMMISSION JOE POWERS JOHN WITHERS ROGER FIELD Honorable Council Members City Council City Hall Rochester, MN 55904 Dear Council Members: The City Council approval and acceptance on January 9, 2006 of the US Department of Homeland Security "SAFER Grant' award in creates three (3) additional firefighter positions and increases on duty staffing levels. We respectfully request that you make one (1) appointment to the position of Firefighter from the following list of qualified candidates 1. Joshua M. Petersen 2. John J. Busch 3. Dylan P. Mills Fire Chief David Kapler desires to have the appointment effective March 30, 2006. Respectfully Submitted, John Withers Secretary Fire Civil Service Commission rr ,,sue r'l``i `.,i ��"L,j� i ✓: The nand to reach for. MEMORANDUM DATE: December 15, 2005 TO: Fire Civil Service Commission FROM: Chief Kapler SUBJECT: REQUEST TO HIRE I respectfully request that you forward to the City Council a list of candidates from the established eligibility roster for appointment to the three (3) vacant Firefighter positions. The vacancies were created in 2005 by the retirements of Captain Vern Starke and Firefighter Steve Chop; and the military deployment of Eric Kerska. In addition, three (3) names should be brought before the Council to fill the three (3) new firefighter positions authorized from the Safer Grant. Thank you. REQUEST FOR COUNCIL ACTION MEETING / DATE: 3/20/06 nr_cNDA SECTION: ORIGINATING DEPT: ITEM NO. Organizational / Consent Human Resources ITEM DESCRIPTION: Promotional Appointment — Police Sergeant — PREPARED BY: Rochester Police Department Linda Gilsrud The retirement of Police Sergeant Mark Wood effective March 27, 2006 creates a vacancy for the position of Police Sergeant. COUNCIL ACTION REQUESTED: Section 9.00 of the Rochester Home Rule Charter states that the Mayor appoints all members of the Rochester Police Department. Pursuant to that authority, the Mayor has appointed Police Officer Craig Anderson to the position of Police Sergeant effective March 30, 2006. This information is given to the Council so that council members are aware of the appointment. COUNCIL ACTION: Motion by: Second by: to: i \Liyor Ardell F. Brede 201 41li Street SE — Room 281 U.1.AMERIG cm' Rochester, DIN 55904-3732 Phone: (307)235-8080 Fax: (507) 237-7419 TO: City Administrator Stevan Kvenvold RE: Promotional Appointment / Rochester Police Department i pplll L.11 ,I ��� Based on the certified Police Sergeant Eligibility Roster of qualified candidates, I am appointing Craig Anderson to the position of Police Sergeant effective March 30, 2006, Z4dL46' /' 3/13/06 Mayor Ardell F. Brede Date City of Rochester Cc: Linda Gilsrud Director of Human Resources h / 1 I tom. � .l ..�. a 1.. Ipa ,•,y j /�7 RO CHE STER . ?(ERICA ❑Tl' POLICE CIVIL SERVICE COMMISSION MICHELLE LEAK RICHARD DALE JAMES RUSSELL March 10, 2006 Honorable Mayor Brede City Hall Rochester, Minnesota 55904 Dear Mayor Brede, The retirement of Mark Wood, Police Sergeant, effective March 27, 2006 creates a vacancy for the position of Police Sergeant. We respectfully request that you make one appointment to the position of Police Sergeant from the following list of three (3) names which stand highest on the Police Sergeant Eligibility Roster of qualified candidates: 1. Craig Anderson 2. Paul Wilson 3. Jim Evenson Police Chief Roger Peterson requests that the appointment be effective March 30, 2006. Respectfully Submitted, PA?w/// kt-4/,4' Richard Dale Secretary Police Civil Service Commission W 41, 7&e as March 6, 2006 Michelle Leak, Chairperson Rochester Police Civil Service Commission City Hall, Room 295 - 2014lh Street SE Rochester, MN 55904 Dear Chairperson Leak: ; 'q &G"fe ROGER PETERSON Chief of Police Rochester Police Department 101 4th St. S.E. Rochester, MN 55904-3761 www.rochestermn.gov of p�¢so�pel e7j We are requesting that the Civil Service Commission provide the Mayor with a list of the top three candidates from the Police Sergeant's eligibility list for selection and appointment. This request is due to the position made vacant by the retirement of Sgt. Wood on March 27, 2006. It is our desire that this promotion would be effective March 30, 2006. We appreciate the Commission's prompt attention in this matter. Sincerely, Zte;tleterson Chief of Police C: L. Gilsrud, Human Resources Director S. Kvenvold, City Administrator REQUEST FOR COUNCIL ACTION MEETING / DATE: 3120106 Ar=FtiDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works=/ ITEM DESCRIPTION: Supplemental Agreement #2, #3, #4, #5, and #6 Gravity Flow PREPARED BY: Interceptor Phase I, J7712 I&Y J. Loehr 4 The City previously entered into a contract with Lametti & Sons, Inc. for the construction of a project described as follows: Project No. M2-42. J7712 "Gravity Interceptor Sewer Phase 1". SA #2: The plan and specification provide for the installation of a 10' x 8' concrete box culvert from station 2+69 to station 10+30. A 24" storm sewer line to serve a future storm water pond on WRP property is planned to be stubbed out of a manhole drop structure to be located on the 10' x 8' culvert line. The final grading plan, pipe size and elevations have not been approved. The Contractor desires to have its supplier manufacture the manhole and then proceed to install the manhole. The Engineer has determined that the Contractor should have the manhole manufactured without an opening for the 24" sewer line and then core drill the manhole after the grading plan, pipe size, and elevations are approved. A Lump Sum amount of $1,500.00 has been negotiated as compensation to Lametti for this work. SA #3: The plan and specification provide for the installation of 60" sanitary sewer from station 11+00 to station 18+00. Manhole S-12 is planned to be constructed on the 60" sewer at station 11+00. A 24" gravity flow PVC sewer outside drop manhole connection is planned for the connection of a future 24" force main. City staff and HR Green the City's consulting engineer have determined that the 24" force main should remain a force main to manhole S-12. The Engineer has determined that the outside drop pipe and fittings must be changed to ductile iron to facilitate the force main drop manhole connection. A Lump Sum amount of $14,800.00 has been negotiated as compensation to Lametti for this work. SA #4: The plan and specification provide for the installation of 84" sanitary sewer from station 18+00 to station 22+10. An existing 2 1 " sanitary sewer will be abandoned in this area. After the project was awarded it was discovered that a 6 inch sewer service line serving the RV dump site flows into the 2 1 " sewer. The Engineer has determined that the C" sewer line should be connected to the 84" sanitary sewer at manhole S-15. A Lump Sum amount of $7,890.00 has been negotiated with Lametti for this work. SA #5 The plan and specification provide for the installation of 84" sanitary sewer from station 18+00 to station 22+10. At station 20+90 the 84" sanitary sewer passes under an existing 36" sewer line that runs from the equalization basin to WRP. The WRP superintendent requests that flow -able fill be placed under the 36" sewer line to prevent the line from settling. The Engineer has determined that flow -able fill be placed at a location 2 feet under the 36" sewer line to its spring line. been negotiated with Lametti for this work M 5u SA #6 The plan and specification provide for the installation of 84" sanitary sewer from station 30+00 to station 40+00. The plan indicates that an old landfill may be present in the area between station 34+00 and station 36+00. If landfill debris is encountered the plan indicates that the cost of landfill debris shall be negotiated. The Contractor encountered landfill debris in the area. The Engineer determined that the landfill debris should be hauled to a site on the WRP property that is located north of the buildings. A unit price of $3.50 per cubic yard was negotiated with Lametti for this work. The estimated compensation to Lametti for this work is $10,500.00. COUNCIL ACTION REQUESTED: 1. Adopt a resolution authorizing payment of the following Supplemental Agreements: SA #2 in the amount of $ 1,500.00 SA #3 in the amount of $14,800.00 SA #4 in the amount of $ 7,890.00 SA #5 in the amount of $ 4,250.00 SA #6 in the amount of $10,500.00 COUNCIL ACTION: motion by: second by: to: i (ITY OF ROCHESTER- DEPARTMENT OF CITY ENGINEER SUPPLEMENTAL AGREEMENT Supp. To Contract No. J7712 No. 2 S Contractor: Lametti & Sons, Inc. Fed. Project Project No.: M242 Dept. No.]: 7712 Address: 16028 Forest Boulevard North Location: Gravity Flow Interceptor Phase I P.O. Box 477 This contract is amended as follows: WHEREAS; The plan and specification provide for among other things the installation of 10' x 8' concrete box culvert from station 2+69 to station 10+30 for conveyance of storm water along the north side of 37 t Street NW to the Zumbro River; and, WHEREAS; A 24" storm sewer line to serve a future WRY storm water pond is planned to be stubbed out from a manhole a; U drop structure located on the 10"x 8" box culvert at station 9+63; and, f WHEREAS; The grading plans, pipe sizing and pipe elevations for the storm water pond discharge line are not approved; and, T C O m ; v WHEREAS; The Contractor desires to have the pre -cast concrete manhole drop structures constructed by the manufacturer anc .o then proceed to construct the manhole drop structure; and, WHEREAS, The Engineer deems it appropriate to authorize the Contractor to proceed with the manhole construction and to t o n — „ c compensate the Contractor to core drill the manhole drop structure after the storm water pond grading plan, storm water hdischarge line pipe size and elevations are approved. is 6n ^ is. 'y NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED THAT THE CONTRACTOR SHALL: B .2 1. The Contractor shall core drill the manhole drop structure for the pipe size and elevations based on the approved c o o storm water pond grading plans when that information becomes available. °0 2. The Contractor shall be compensated on the "LUMP SUM" amount as listed below. 3. The Contractor shall not make claim of any kind or character whatsoever, for any other cost or expense he may occur; m m c or may be hereafter incurred as a result of work covered by this Agreement B v Estimate of Cost n f o w Item No. Item Unit uanti Unit Price Amount o = b '0 1904.00 Extra Work Lump Sum 1 $1,500,00 $1,500.00 G .5 p 5 3 c d w a� Wso m U tLt Q 0 Amount Requested $ 1,500.00 Original Contract 1(1,R77,91500 Previous Additions 86,000.00 Total to Date $ 1 n 9t 5 a1 s nn Percentage -increase -decrease 0.8% Approved as to form and execution City Attorney Approved by Common Council Resolution Date Mayor ----------------- Attest ------------------ City Clerk Dated_3/-'S__ 2006 4" _O/'z�d -' �— Approval Engineer Dated �j_ 200 _ Accepted by Contractor Dated_/s 2006 �1�4__ Approved City Engineer Dated /�. nds Available Director of Finance 1-CITY CLERK 2-CONTRACTOR 3-CITY ENGINEER 4-FINANCE DEPT. JCITY OF ROCHESTER- DEPARTMENT OF CITY ENGINEER Supp. To Contract No. J771: No. 3 SUPPLEMENTAL AGREEMENT Contractor: Lam etti & Sons, Inc. Fed. Project Project No.: M2 ,.. Dept. No.J: 7712 Address: 16028 Forest Boulevard North Location: Gravity Flow Interceptor Phase I P.O. Box 477 0 This contract is amended as follows: WHEREAS; The plan and specification provide for among other things the installation of 60" sanitary sewer from station 11+00 to station 18+00; and, WHEREAS; Manhole S-12 is planned for construction on the 60" sanitary sewer at station I 1+00 for the future extension of the 60" sanitary sewer line and for the connection of a 24" gravity flow PVC outside drop sanitary sewer line from a new lift station and force main to be constructed in 2006 to replace the existing Lift Station #4 and existing force main; and, WHEREAS; After project J7712 was awarded City staff and HR Green the City's consulting engineer determined that the 24" sewer line should remain a force main to manhole S-12; and, WHEREAS; The 24" force main to S-12 will require that the outside drop be constructed of ductile iron materials rather than the planned PVC materials; and, WHEREAS; The PVC fittings and pipe have been delivered to the project site; and, WHEREAS, The Engineer deems it necessary to construct the outside drop at manhole S-12 with ductile iron fitting and pipe NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED THAT THE CONTRACTOR SHALL: 1. The Contractor shall use ductile iron fittings and pipe for the outside drop at manhole S-12. 2. The Contractor shall be compensated on the "LUMP SUM" amount as listed below. 3. The Contractor shall not make claim of any kind or character whatsoever, for any other cost or expense he may occur; or may be hereafter incurred as a result of work covered by this Agreement Estimate of Cost Item No. Item Unit Ouanti Unit Price Amount 1904.00 Extra Work Lump Sum 1 $14,800.00 $14,800.00 Amount Requested $ 14,800.00 Original Contract 1 O,927X 5 OO Previous Additions 87,500.00 Total to Date $ I n gil,71 5 nn Percentage -increase -decrease 0.9% Approved as to form and execution ------------------- CiTy Attorney Approved by Common Council -------------- Date Mayor ----------------- ------------------ City Clerk Dated 3//S_ 2006_ Appr val by Pr 'ect Engineer Dated 3 200 , Dated ills _ 2006 Accepted by Contractor Approved City Engineer Dated �V,�-2006- Ods]At'vail=able Director of Finance 1-CITY CLERK 2-CONTRACTOR 3-CITY ENGINEER 4-FINANCE DEPT. CITY OF ROCHESTER- DEPARTMENT OF CITY ENGINEER SUPPLEMENTAL AGREEMENT Supp, To Contract No. J7712 No. 4 53 Contractor: Lametti &c Sons, Inc. Fed. Project Project No.: M2-42 Dept. No. J: 7712 Address: 16028 Forest Boulevard North P.O. Box 477 Location: Gravity Flow Interceptor Phase I This contract is amended as follows: WHEREAS; The plan and specification provide for among other things the installation of 84" sanitary sewer from station 18+00 to station 22+10; and, WHEREAS; An existing 21" sanitary sewer will be abandoned within these project limits; and, WHEREAS; After the project was awarded it became apparent that a 6-inch sanitary sewer line serving the RV dump site flows into the 21" sanitary sewer that will be abandoned; and, WHEREAS, The Engineer deems it appropriate to reroute the 6-inch sewer service line to connect into manhole S-15. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED THAT THE CONTRACTOR SHALL: 1. The Contractor shall reroute the 6-inch sewer service line and connect the sewer line into manhole S-15. 2. The Contractor shall be compensated on the "LUMP SUM" amount as listed below. 3. The Contractor shall not make claim of any kind or character whatsoever, for any other cost or expense he may occur; or may be hereafter incurred as a result of work covered by this Agreement Estimate of Cost Item No. Item Unit Quantity Unit Price Amount 1904.00 Extra Work Lump Sum 1 $7,890.00 $7,890.00 Amount Requested $ 7,890.00 Original Contract 0,R97r91Snn Previous Additions 102,300.00 Total to Date $ 1 n gig 1 ns nn Percentage -increase -decrease 1.0% Approved as to form and execution ---------------- City Attamey Approved by Common Council Resolution ----- Date ------ Mayor ----------------- Attest ------------------ City Clerk Dated 3//5 — 2006 _4e14__C__1t _U_/_.L6 • Approv by ProjetE r Dated�j 2006 Accepted by Contractor Dated 3�ts ----- 2006 " N/. ------------ Approved City Engineer Dated:SW2006 Fun s Available Director of Finance 1-CITY CLERK 2-CONTRACTOR 3-CITY ENGINEER 4-FINANCE DEPT. 0ITY OF ROCHESTER- DEPARTMENT OF CITY ENGINEER Stipp. To Contract No..J7712 No. 5 SUPPLEMENTAL AGREEMENT Contractor: Lametti & Sons, Inc. Fed. Project Project No.: M2 ._ Dept. No.7: 7712 Address: 16028 Forest Boulevard North Location: Gravity Flow Interceptor Phase I P.O. Box 477 a This contract is amended as follows: WHEREAS; The plan and specification provide for among other things the installation of 84" sanitary sewer from station 18+ 00 to station 22+10; and, WHEREAS; At station 20+90 the 84" sewer passes under an existing 36" sanitary sewer that runs from the equalization basin to the water Reclamation plant (WRP); and, WHEREAS; The WRP plant superintendent indicates that the 36" sanitary sewer line is fabricated from a very fragile material and that standard backfill operations may not provide adequate pipe support, the superintendent requests that flow -able fill be placed from a elevation two feet under the 36" pipe to the spring line of the pipe to protect the 36" pipe from settlement; and, WHEREAS, The Engineer deems it necessary to place flow -able fill from an elevation two feet below the bottom of the 36" sewer line to the spring line of the pipe. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED THAT THE CONTRACTOR SHALL: 1. The Contractor shall place flow -able fill at the 36" sanitary sewer line as directed by the Engineer,. 2. The Contractor shall be compensated on the "LUMP SUM" as listed below. 3. The Contractor shall not make claim of any kind or character whatsoever, for any other cost or expense he may occur; or may be hereafter incurred as a result of work covered by this Agreement Estimate of Cost Item No. Item Unit Quantity Unit Price Amount 1904.00 Extra Work Lump Sum 1 $4,250.00 $4,250.00 Amount Requested $ 4,250.00 Original Contract 1 n 997,91 S on Previous Additions 110,190.00 Total to Date $ 10 9A7 455 On Percentage -increase -decrease 1.1% Approved as to form and execution Approved by Common Council Resolution -------------- Date ------------------- Mayor ----------------- City Attorney Attest ------------------ City Clerk Dated _316 _ 2006 Approval by Project Engineer Dated 3��3_ 200 _ _ Accepted by Contractor Dated 3�S_ 2006 Approved City Engineer j Dated2006 A_ , 1 9— urtds Available Director of Finance 1-CITY CLERK 2-CONTRACTOR 3-CITY ENGINEER 4-FINANCE DEPT. CITY OF ROCHESTER- DEPARTAIENT OF CITY ENGINEER Sapp. To Contract No. J7712 No. 6 SUPPLEMENTAL AGREEMENT Aft Contractor: Lametti & Sons, Inc. Fed. Project ProjectNo.: M2-42 Dept. No.1: 7712 Address: 16029 Forest Boulevard North Location: Gravity Flow Interceptor Phase I P.O. Box 477 T-T,, nn MW S';nI R. _ This contract is amended as follows: WHEREAS; The plan and specification provide for among other things the installation of 84" sanitary sewer from station 30+00 to station 40+00; and, WHEREAS; The plan indicates that the area between station 34+00 to station 36+00 may be the site of an old landfill, if landfill debris is encountered cost of the landfill debris removal will be negotiated; and, WHEREAS; The Contractor encountered landfill debris when excavating in this area; and, WHEREAS, The Engineer deems it appropriate to compensate the Contractor to load the landfill debris to a location located on the north side of the Water Reclamation Plant property. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED THAT THE CONTRACTOR SHALL: 1. The Contractor shall load the landfill debris and haul the debris to a location designated on the north side of the WRP property . 2. The Contractor shall be compensated on the Estimate of Cost as listed below. 3. The Contractor shall not make claim of any kind or character whatsoever, for any other cost or expense he may occur; or may be hereafter incurred as a result of work covered by this Agreement Estimate of Cost Item No. Item 1904.00 Extra Work Amount Requested $ 10,500.00 Original Contract n Previous Additions 114,440.00 Total to Date $ 1 n 457 XSS tlrnL Percentage -increase -decrease 1.2% Approved as to form and execution I Approved by Common Council _ ___--_ Mayor City Attorney -------------- Date City Clerk Unit Ouantity Unit Price Amount Cu. Yd. 3000.00 $3.50 $]0,500.00 Dated _�Zs 2006_ Approval by Project Engineer Dated!va_ 2006 _ Accepted by Contractor Dated 2006 ✓—w _^" Approved City Engineer ..��AA 0 Dated', 15 006 �� '— � UA ds Available Director of Finance i-CITY CLERK 2-CONTRACTOR 3-CITY ENGINEER 4-FINANCE DEPT. REQUEST FOR COUNCIL ACTION MEETING DATE: 03/20/06 --NDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D _ /5— ITEM DESCRIPTION: ADVERTISE FOR BIDS: (J7747) PREPARED BY: 2°d Avenue SW from 15t Street SW to West Center Street 1 D. Nelso This is a request for a resolution to advertise for bids for the following project: Protect: City No.6302-3-05 (J7747) Reconstruct 2"d Avenue SW from 1:t Street SW to West Center Street Project Background: The project consists of reconstructing 2"d Avenue SW a bituminous street from 1't Street to Center Street. Work will include: new concrete pavement, new sidewalks, curb and gutter, signal system modifications, and rehabilitation of storm sewer. This project is included in the 2006 -2011 Capital Improvement Program, item #13, page 34. This project will coordinate projects to turn 1" Street into a pedestrian area later in 2006 or 2007. Funding for the project will be formalized before bids are awarded in Contribution Agreements executed with abutting property owners; Mayo Foundation and Kahler Hotels. 'j Ya % lid.• PROJECT LOCATION z� r � ' !Y I I i • Ail �n COUNCIL ACTION REQUESTED: A resolution should be adopted authorizing the City Clerk to advertise for bids and conduct a bid opening on April 19 at 11:00 AM. Note to City Clerk: Advertise 3 times in the Post Bulletin and Construction Bulletin beginning March 24, 2006. Attachments: Notice of Bids COUNCIL ACTION: Motion by: Second by: to: CITY OF ROCHESTER NOTICE OF BIDS Notice is hereby given that bids will be received at the office of the City Clerk until 11:00 A.M. On April 19, 2006 for the construction of the following described local improvement, pursuant to Minnesota Statutes, Chapter 429, as amended, in accordance with the plans and specifications for the same which are on file in the Office of the City Clerk of said City: City Project No. 6302-3-05 (J7747) Construction of 2"d Avenue SW from 15t Street SW to West Center Street Immediately following expiration of the time for receiving bids, the City Clerk and two designated City officials will publicly cpen said bids in the City Hall. The Common Council will consider the bids in the Council/Board Chambers at the Government Center at 7:00 P.M. on May 1, 2006. Said Construction generally consists of concrete roadway construction, including: concrete pavement, concrete pavers, sidewalk, and colored concrete curb and gutter. The work includes the following approximate quantities of work: Remove Conc. Sidewalk ........... 3446 Sq Ft Conc. Walk ................................... 2445 Sq Ft Remove Pavement ....................1584 Sq Yd Conc. C & G B624 (Mod) ................. 300 Lin Ft Select Granular Borrow ............. 542 Cu Yd Conc. C & G Special ........................ 300 Lin Ft Aggregate Base, Class 2............ 226 Cu Yd Concrete Base ................................ 317 Sq Yd Conc. Pavement ....................... 1150 Sq Yd Concrete Pavers ........................... 2850 Sq Ft Plan, Specifications and Contract Documents may be examined at the following locations: 1. Department of Public Works, 201 4th St. SE, Room 108, Rochester, MN 55904. 2. F.W. Dodge Group, 7600 Parklawn Ave., Suite 352, Minneapolis, MN 55435. 3. Builders Exchange of Rochester, 108 Elton Hill Lane NW, Rochester MN 55901 (507) 282-6531. 4. La Crosse Builders Exchange, 427 Gillette St, La Crosse, WI 54603 (608) 781-1819. Plan, Specifications and Contract Documents may be obtained from the Department of Public Works, 201 4th St. SE, Room108, Rochester, MN 55904, (507) 287-7800. Each bid must be accompanied by a bid bond, cashier's check or a certified check payable to the City of Rochester, Minnesota, for at least five (5) percent of the amount of the bid, which amount shall be forfeited to the City of Rochester, Minnesota, as liquidated damages if the bidder, upon the letting of the contract to him shall fail to enter into the contract so let; the Common Council reserving the right to reject any and all bids. A Performance and Payment Bond for the full amount of the contract by a surety company authorized to do business in the State of Minnesota will be required with the contract. (Personal bonds will not be accepted.) All proposals must be addressed to the City Clerk, City of Rochester, 201 4th St. SE, Room135, Rochester, Minnesota 55904-3742 and shall have endorsed thereon: City Project No. 6302-3-05 (J7747) Construction of 2"d Avenue SW from 1s` Street SW to West Center Street Dated at Rochester, Minnesota this 201h day of March 2006. JUDY K. SCHERR, CIVIC, City Clerk Notice of Bids REQUEST FOR COUNCIL ACTION MEETING '5-c/ DATE: 3120/06 IDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D- /t ITEM DESCRIPTION: Supplemental Agreement # 2 Project # MO-74 (J9708) PREPARED BY: Overland Drive N.W. F M. Easley,,-s,- The plans provide for the construction of Overland Drive through an area of N.W, Rochester press.:tly under going development, from 181h Ave. to Bandel Road N.W. The plans further provided that Poly Preformed Pavement Markings be installed on the finished roadway surface marking traffic lanes and turn lanes to direct the traveling public. During the course of construction, questions arose as to the future traffic striping needs the roadway may require with the continuation of development and increased traffic volumes associated with the future HWY 52 165th St, interchange. Poly Preformed Pavement Markings, as planned, are costly, and considered the most permanent of pavement markings available on the market. However, they are more difficult to remove or alter if changes to the striping become necessary with increased traffic volumes. The Engineer deems it prudent to provide for Epoxy Pavement Markings in lieu of the Poly Preformed to maintain flexibility for the future traffic striping, pending further development of the area and a potential Hwy 52 / 65" St. N.W. interchange. The Engineer has prepared Supplemental Agreement #2 Project # MO-74 (J9708) in the amount of $17,173.77 to cover the cost of: 1. Epoxy Pavement Markings consistent with traffic striping layouts shown in the plans. The Department of Public Works and MNDOT Estimating have reviewed the costs and have found them consistent with costs for similar pavement marking items competitively bid. This Supplemental Agreement is State Aid participating and technically reflects a cost saving of $32,415.83 to the contract. Poly Preformed Pavement Markings originally provided for in the contract will not be installed resulting in the savings. COUNCIL ACTION REQUESTED: Adopt a resolution authorizing payment of Supplemental Agreement # 2 Project # MO-74 (J9708) in the amount of $17,173.77; Overland Drive N.W. COUNCIL ACTION: Motion by: Second by: to: 60 Rochester Department Ol Public Works Cmuracmr Sani & Gravel supp. to Contract No. No. SUPPLEMENTAL AGREEMENT P"d Projcn Addre,s LOC91Un 4105 East River Road N.E. Rochester. MN 55906 Dept, No. I Drive I City Project Na. S.A.P. No. Page 1 of 2 Project No.'s I 9708 M074 159-080-12 This Contract is amet-led as tollows: WHEREAS: The plans provide for the construction of Overland Drive N.W., 3a from 18th Ave. to Bendel Road N.W., and. oA z> ao `v a v� ova u u � p W Q W � 4_ u ii 2 u n �$ va2 a " � •�s c u a 'aU °—U -ss v�? Q«� a„ O � ? �v „gs vd n � 3 U `� 'n Q o � WHEREAS: The plans further provide for Poly Preformed Pavement Markings on the finished roadway surface, and. WHEREAS: Overland Drive bisects lands that are either presently undergoing urban development, or are planned to be developed in the very near future, and. WHEREAS: As development continues there is some question as to the permanency of the planned pavement markings, or at a minimum, the need to alter the pavement markings to accommodate the addition of intersections and turn lanes, and. WHEREAS: The Engineer deems it appropriate to save the expense of Poly Preformed Pavement Markings and delete them from the contract, therefore providing for Epoxy Pavement Markings on the pavements surface, and. NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED THAT THE CONTRACTOR SHALL: 1. Provide for the installation of Epoxy pavement markings of the same design and layout of the Poly preformed markings shown on Sheets 81-90 of the plans. 2. Epoxy Pavement Markings shall be installed in accordance with MNDOT Previous Additions CONTINUED Index Item Class I Qnaner Fund Amount Requested Original Contract Dated Prev. Additions Total to Date Dated Percentage Approved as to form and execution I Approved By Common Council City Attorney Resolution Mayor Attest Date City Clerk Dated Dated Dated County 20 — Approval by Proicet Engineer 20 _ Accepted by Contractor 20 _ Approval by Stale Aid Engineer 20 Approval by City Engineer 20 _ Funds Available Director of Finance 1 -CITY CIY.RK 2-CONTRACTOR 3 -CITY ENGINEER 4 - FINANCE DEPT. 6/ Cfy „/ Rochester Supp, to Contract No. Department Of Public Works No. 2 SUPPLEMENTAL AGREEMENT Page 2 of 2 aclor Rochester Ftd. Project project No.'s Sand & Gravel Dept. No. 1 9708 Address Local mt Overland Drive City project No, M074 S.A.P. No, 159-080-12 This Contract is amended as billows: specifications governing such installations. 3 ¢ 3. Compensation will be made at the negotiated unit prices as approved by MNDOT Estimating and shown in the estimate of cost below. 4. The Contractor shall not make claim of any kind or character whatsoever, for any other cost or expense that he may incur or that may be incurred, as a result of work covered by this agreement. Estimate of Cost ITEM UNIT 2564.602 PAVEMENT MESSAGE (LT ARR) EPDXY 50.00 @ EACH 2564.602 PAVEMENT MESSAGE (RT ARR) EPDXY 1.00 @ EACH 2564.603 4" SOLID LINE WHITE - EPDXY 12909.00 @ LIN FT 2564.603 4" SOLID LINE YELLOW . EPDXY B465.00 @ LIN FT 2564.603 41N DOUBLE SOLID LINE YELLOW - EPDXY 1533.00 @ LIN FT 2564.603 4" BROKEN LINE YELLOW - EPDXY 1716.00 @ LIN FT 1904.00 PRIME CONTRACTORS OVERHEAD 1.00 @ LUMP SUM Previous Additions Il Index I item S.A.# 1 $5,525.00 PRICE AMOUNT $125.00 $6,250.00 $125.00 $125.00 $0.37 $4,776.33 $0.37 $3,132.05 $0.74 $1.134.42 $0.37 $634.92 $1,121.05 $1,121.05 TOTAL $17,173.77 Class I Quarter I Fund I County Amount Requested $17 ,173.77 Original Contract $1, 973, 891. 8 Prev. Additions $5,525.00 Total to Date $1, 996, 590. 65 Percentage Increase 1.1 $ Approved as to form and execution Approved By Common Council City Attorney Resolution M ayor Attest Dale City Clerk Dated I13-U Dated / A' Approval by Project Engineer 20 DSO Accepted by Contractor Dated 20 _ Nok �6'v Approval by Slate Aid E/gineer Dated 7 �� 20 d 6 2" `'✓ / ' - Approval by Cily Engineer Dated 20 a ' /Cr, -- FulatisrAvailable Director or Finance 1-CITY CLERK 2-CONTRACTOR 3-CITYENGINEER 4-FINANCEDEPT. REQUEST FOR COUNCIL ACTION MEETING DATE: 3/20/06 f DA SECTION: CONSENT AGENDA ORIGINATING DEPT: Public Works ITEM NO. V-�,— 1-7 ITEM DESCRIPTION: Supplemental Agreement # 1 Project #M1-50-2-04 (J7731) PREPARED BY: Bandel Road N.W. M. Easley The plans provide for the construction of Bandel Road N.W. from Bandel Drive NAV., north to 65th St. N.W. The plans further provided for the demolition of a home and several outbuildings that were acquired for the purpose of the roadways construction. It was the intent of the City that a mobile home on the property not be demolished and that the City would offer the mobile home for sale to a private party. A purchase agreement for the sale of the mobile home was then signed between the City and a private individual. At the time of bidding the special provisions attached to the project did not correctly reflect that the mobile home had been sold and the mobile home remained on site within the project limits. Provisions further implied that the mobile home would become the property of the Contractor to dispose of as they saw fit. The Contractor accordingly discounted their bid for building demolition on the project, by the value of the mobile home which they had in turn had received quotes for, from a private individual. The Engineer has determined it necessary to abide by the original purchase agreement for the mobile home and compensate the contractor the value of his loss. The Engineer has prepared Supplemental Agreement # 1, Project # M1-50-2-04 (J7731) in the amount of $10,000.00 to cover the cost of: 1. The quote received by the Contractor for the sale of the mobile home, during the bidding process. The Department of Public Works has reviewed documentation submitted by the Contractor that his bid was discounted by his intent to sell the mobile home. MNDOT has determined the cost of this agreement to be eligible for State Aid participation. COUNCIL ACTION REQUESTED: Adopt a resolution authorizing payment of Supplemental Agreement #1, Project # M1-50-2-04 (J7731) in the amount of $10,000.00; Bandel Road N.W. COUNCIL ACTION: Motion by: second by: to: & C"dyof Rochester Department OC Public Works Cont racwr Rochester Sand & Gravel Supp. to Contract No. No. 1 SUPPLEMENTAL AGREEMENT Page 1 of 2 Prd. Project I Project No.'s Address 1 -cation 4105 East River Road N.E. Rochester. MN 55906 Dept. No.l 7731 City Project No. M1-50-2-04 s.A.P, No. 159-130-05 This Contract is amended as follows: WHEREAS: The plans provide for the construction of Bandel Road N.W. 3¢ from Bandel Drive to Overland Drive, and. o� r> ao �a W u �[ca u a $ — c u n T ,rii W u p, A� vs 6� W tO�O z o w, V A av^ u 'aU 0 = U ^ors ves s-ow ova 5� yes - g$ u uc � G w U Is 'a Q o sa u WHEREAS: The plans further provide for the demolition of a home and several outbuildings that were acquired for the purpose of the roadways construction, and. WHEREAS: It was the intent of the City that a trailer home on the site not be demolished, and that the City would offer the home for sale to a private party, separate from the project, and. WHEREAS: The City did sell the trailer home to a private party prior to the bidding of the project, however the home had not been removed from the site at the time of bidding, and. WHEREAS: The bidding documents for the project inadvertently included the trailer home as a responsibility of the Contractor to demolish or dispose of as a condition of the contract, and. WHEREAS: The Contractor bid the project in good faith, discounting his bid for building demolition after finding a buyer for the trailer home on his own accord, and. WHEREAS: The Engineer deems it necessary that the City honor its contractual agreement to sell the trailer home to a private party, and therefore compensate the Contractor in the amount of his loss, and. Previous Additions CONTINUED Ludes Item Class Quarter Fund Amount Requested Original Contract Dated Prev. Additions Total to Date Dated Percentage Approved as to form and execution City Attorney Approved By Common Council Il Dated Resolution Mayor Attest Data City Clerk Dated Dated a County 20 _ Approval by project Engineer 20 _ Accepted by Contractor 20 _ Approval by Stare Aid Engincer 20 _ Approval by City Engineer 20 _ Funds Available Director of Finance I -CITY CLERK 2-CONTRACTOR 3-CITYENGINEER d-FINANCEDEPT. Rochester Supp. to Contract No. Department Of' Public Works No. 1 SUPPLEMENTAL AGREEMENT Page 2 of 2 actor Rochester Fal. Project Project No.'s Sand & Gravel DprNol 7731 Address location Bandel Road NW City ProjcciNo. M1-50-2-04 S.A.P. No. 159-130-05 This Contract is amended as follows: < NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED THAT THE CONTRACTOR SHALL; o� 3a 1. Be compensated accordingly for their loss of the sale of the trailer home, as verified by his bidding documents, and shown in the =w= estimate of cost below. w U D V C f] �a 2. The City shall honor its purchase agreement for the Trailer Home vW� with a private party and have the trailer home moved from the site. cj .0 W T � W ae� 3. The Contractor shall not make claim of any kind or character vEvwhatsoever, for any other cost or expense that he may incur or that may be incurred, as a result of work covered by this agreement. 0 i r°O �a v5� Estimate of Cost a=� ITEM UNIT PRICE AMOUNT i 2103.501 BUILDING REMOVAL 1.00 @ LUMP SUM $10,000.00 $10,000.00 8 $ TOTAL $10, 000.00 E 9 N V e0 OO " w o�a � e u u u � °1 u E., Ufa 6 o u Previous Additions ladex bet, Class Quartet Fund County None 11 1 1 1 1 1 n Amount Requested $10,000.00 Original Contract $714, 813 .74 Prev. Additions $0.00 Total to Date $724, 813 .74 Percentage Approved as to form and execution City Attorney Dated Dated 3JA-1 Increase 1.4 $ Approved By Common Council Dated Resolution Mayor Attest Date City Clerk 20 Approval. by Project Engineer 20 06 XL Accepted by Contractor 20 _ Approval by State Aid Engineer Dated 20 i' t� � --;--� Approval by CityyEEngirecr Dated / 206.1 Funds Available n f\ . - / Director of Finance I-CITYCLERK 2-CONTRACTOR d-CITYENGINEER 4-FINANCEDEPT. REQUEST FOR COUNCIL ACTION MEETING 03-20-06 DATE: A DA ORIGINATING DEPT: ITEM NO. CONSENT AGENDA PUBLIC WORKS` - ITEM DOWNTOWN PARKING CHANGES PREPARED BY: r A KNAUER The following changes to downtown parking areas are recommended. 1. North side of 200 Block East Center Street. It is recommended to remove a 10 hour meter (# 45-45)just east or the drive into the Civic North lot. The space has been signed for compact cars but continually has violations with larger vehicles parked causing a site restriction. The space will be signed "No Parking". 2. North side of 4ih Street SE in the 100 block (in front of Paul's Bike Shop) meter # 106-86, Paul Myhron has requested this meter be changed from 30 minute to 90 minute to better serve his customers. 3. East side of 1 s' Ave SW in the 600 block. This area was signed for bus parking to serve the Jeffferson Depot located in the VFW's parking lot. The Jefferson Depot has relocated to the Sinclair Station at 2n° Ave & 6`h Street SW. It is recommended to re -install two (2) 10 hour meters. This part of 61h Street is predominantly 10 hour meters. 4. West side of 2nd Ave SW 500 block. It is recommended to establish a "No Parking- Bus Loading Only" between the north driveway to the Sinclair Station thence north to the driveway to a Mayo employee lot. This bus loading would serve the Jefferson Depot at the Sinclair station. 5. East side of Td Ave NW in the 200 block adjacent to Charter House. The area is currently free parking. Adjacent streets are metered as 3 hour zones. The 5 spaces are predominantly used as all day parking. It is recommended the 3 hour zone be extended to include these 5 spaces. Mayo has reviewed and approved the change. 6. East side of 41h Ave NW in the 200 block adjacent to a Mayo employee lot. The area is currentlyfree parking. On the west side the houses have been demolished for expansion of Hope Lodge. (No changes are proposed along Hope Lodge's frontage at this time pending their construction.) It is proposed to install six (6) three hour • meters as the surrounding zone. Mayo has reviewed and agreed with the change. REQUESTED COUNCIL ACTION Adopt the prepared resolution amending the "Comprehensive Parking and Traffic Resolutions Book" per the following description. 1. Section B "No Parking Zones" Paragraph 9.4 Amend to read as follows; " East Center Street on the south side from Civic Center Drive to a point 140' east and on the north side from Civic Center Drive to a point 230' east' 2. Section I, Zone J- 10 Hour Meters" add Paragraph 1.5 to read as follows: " East Center Street on the north side from approximately 230' east of Civic Drive to the Zumbro Rivermeters numbers 45-36 thru 45-44." 3. Section I, Zone C "30 Minute Meters" delete Paragraph 26. 4. Section I, Zone E "90 Minute Meters" amend Paragraph 23.5 to reads as follows; " 4fh Street SE on the south side from the Zumbro River to 2nd Ave SE. " 5. Section C, Zone D Bus Stops adding Paragraph 4 a. Inter -City Bus to read as follows: Bus parking only on the west side of 2"d Ave SW in the 500 block from a point approximately 110' north of 6J° St S W to a point approximately 170'north. 6. Section I, Zone G, "3 Hour Meters" add Paragraph 10.5 to read as follows: 3`d Ave NW on the eas! side in the 200 block meters# 25-50 thru #25-54" 7. Section I, Zone G, "3 Hour Meters" add Paragraph 11.55 to read as follows: 4th Ave NW on the east side in the 200 block meters # 26-50 thru #26-55" COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING 03-20-06 DATE: AGENDA ORIGINATING DEPT: PUBLIC WORKS ITEM NO. REVISEDITEM CONSENT AGENDA PARKING RAMP- FREE EVENINGS PREPAREDA Auband KNAUEA request was received from Terry Klampe part owner of Goonies Entertainment Restaurant to revise free parking times in the evening from the current 1:30 a.m. to 2:30 a.m. This change will accommoda'e the 2:00 a.m. bar closing. Staff and Republic Parking have no objections. Signage and procedures can be changed easily. The revenue impact is not considered significant. The reason for the cut off is to identify overnight parkers. REQUESTED COUNCIL ACTION Adopt the prepared resolution extending free evening parking in the municipal ramps until 2:30 a.m. effective April 1, 2006. �wuNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING / / / DATE: 03/20/06 ""NDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works ". ITEM DESCRIPTION: ADVERTISE FOR BIDS: (J4013) PREPARED BY: Harvestview Regional Storm Water Management Ponds J. Wellner This is a request for a resolution to advertise for bids for the following project: Project: City Project No: SW-008 (J4013) Harvestview Regional Storm Water Management Ponds Project Background The feasibility report prepared to evaluate the needs for storm water management and reduction of potential flooding within and near Section 7, Cascade Township recommended the construction of several ponds. These ponds will function both for storm water management and as retention facilities for runoff water that currently floods across 50th Avenue NW in the more intense storm events. The pond facilities will help protect existing homes and public infrastructure and will allow for the continued development of this portion of the city's urban service area. Developing areas served by the Harvestview Regional Storm Water Management Ponds include Kingsbury Hills, Wedgewood Hills, and Harvestview developments. This project is included in the 2006 CIP, Item 13 on page 68 and will be paid for from Storm Water Utility funds and Storm Water Management charges. l\ � 65 St NW m ® Pmjed L.. Uon m Fi 55 St NW ®®ple COUNCIL ACTION REQUESTED: A resolution should be adopted authorizing the City Clerk to advertise for bids and conduc a bid opening on April 26, 2006 at 11:00 AM. Note to City Clerk: Advertise 3 times in the Post Bulletin and Construction Bulletin beginning March 24, 2006. Attachments: Notice of Bids COUNCIL ACTION: Motion by: Second by: to: CITY OF ROCHESTER NOTICE OF BIDS Notice is hereby given that bids will be received at the office of the City Clerk until 11:00 A.M. on April 26, 2006 for the construction of the following described local improvement, pursuant to Minnesota Statutes, Chapter 429, as amended, in accordance with the plans and specifications for the same which are on file in the Office of the City Clerk of said City: City Project No: (J4013) Harvestview Regional Stormwater Ponds Immediately following expiration of the time for receiving bids, the City Clerk and two designated City officials will publicly open said bids in the City Hall. The Common Council will consider the bids in the Council/Board Chambers at the Government Center at 7:00 P.M. on May 1, 2006. Said Construction generally consists of pond excavation and grading, construction of control structures and discharge piping, rprap, seeding and miscellaneous work. The major work includes the following approximate quantities: Base Bid: Alternate Bid (Option Al: Common Excavation 176,000 Cu Yd Salvage Granular Mat'[ in Stockpiles 31,000 Cu Yd Concrete Control Structure 3 Each Riprap CL III 870 Cu Yd 24", 36", 48" RCP Piping 260 Lin Ft Seeding 32 Acres Plan, Specifications and Contract Documents may be examined at the following locations: 1. Department of Public Works, 201 4th St. SE, Room 108, Rochester, MN 55904. 2. F.W. Dodge Group, 7600 Parklawn Ave., Suite 352, Minneapolis, MN 55435. 3. Builders Exchange of Rochester, 108 Elton Hill Lane NW, Rochester MN 55901 (507) 282-6531. 4. La Crosse Builders Exchange, 427 Gillette St, La Crosse, WI 54603 (608) 781-1819. Plan, Specifications and Contract Documents may be obtained from the Department of Public Works, 201 4th St. SE, Room 108, Rochester, MN 55904, (507) 287-7800. Each bid must be accompanied by a bid bond, cashier's check or a certified check payable to the City of Rochester, Minnesota, for at least five (5) percent of the amount of the bid, which amount shall be forfeited to the City of Rochester, Minnesota, as liquidated damages if the bidder, upon the letting of the contract to him shall fail to enter into the contract so let; the Common Council reserving the right to reject any and all bids. A Performance and Payment Bond for the full amount of the contract by a surety company authorized to do business in the State of Minnesota will be required with the contract. (Personal bonds will not be accepted.) All proposals must be addressed to the City Clerk, City of Rochester, 201 4th St. SE, Room135, Rochester, Minnesota 55904-3742 and shall have endorsed thereon: City Project No: (J4013) Harvestview Regional Stormwater Ponds Dated at Rochester, Minnesota this 201" day of March 2006. JUDY K. SCHERR, CIVIC, City Clerk REQUEST FOR COUNCIL ACTION r MEETING 03-20-05 DATE: AGENDASECTIO ORIGINATING DEPT: PUBLIC WORKS ITEM NO. D— �l CONSENT AGENDA ITEM ENGINEERING SERVICES FOR CIVIC NORTH PARKING PREPARED BY: LOT EXPANSION A KNAUER Proposals were received for engineering/ design services forthe expansion ofthe Civic North lotto include the recently purchased property at 300 15` Street NE. The work will include laying out grades, design concept and final plan for construction including utilities. Staff is recommending Yaggy Colby at an hourly unit cost basis not to exceed $6,000. REQUESTED COUNCIL ACTION Adopt the prepared resolution entering into a contract with Yaggy Colby of 717 3rd Ave SE, Rochester, MN 55904 to prepare plans for expansion of the Civic North parking lot per their proposal dated Match 7, 2006 at a not to exceed cost of $6,000. L.uuNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 3/20/06 P""DA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA PARK & RECREATION ITEM DESCRIPTION: USE AGREEMENT BETWEEN MAYO CIVIC CENTER AND PREPARED BY: ROCHESTER VISITORS AND CONVENTION BUREAU RSUTHERLAND The Rochester Visitors and Convention Bureau (RCVB) needs access to the Mayo Civic Center's (MCC) website. This is required for them to maximize usage of the MCC. This agreement spells out the requirements and obligations for them to carry out their duties. The agreement is designed to protect the MCC and the City of Rochester from any liability issues relative to data privacy or credit card information. This agreement does not require any exchange of funds. COUNCIL ACTION REQUESTED: Approve Use Agreement. COUNCIL ACTION: Motion by: Second by: to: 1 ) CONCURRENT USER AND STORAGE FACILITY AGREEMENT THIS AGREEMENT is made and entered into this day of 2006, by and between the CITY OF ROCHESTER, a Minnesota municipal corporation, ("City"), the ROCHESTER CONVENTION AND VISITORS BUREAU, a Minnesota non- profit corporation, ("RCVB") and the ROCHESTER POST BULLETIN, a Minnesota corporation, ("PB"). WHEREAS, the City holds a license from Ungerboeck Systems International ("USI) for the use of Event Business Management Software ("EBMS") and its Internet version ("iEBMS"). The iEBMS is a module allowing for real time credit card transactions to process the event registration payment and hotel reservations. The City has implemented its iEBMS license using the Mayo Civic Center web site. Pursuant to that license, the City is authorized to allow up to sixteen concurrent users to access the software; and, WHEREAS, the RCVB is interested in using the City's Mayo Civic Center web site and the iEBMS module for the purpose of event registration and group housing reservations. The RCVB would constitute a concurrent user and the PB would be a storage facility of the data entered through EBMS (entered by City or RCVB personnel) or iEBMS (entered by outside parties); and, WHEREAS, the parties wish to enter into this Agreement so as to describe the terms and conditions concerning RCVB's status as a concurrent user and the PB's status as a data storage facility. NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the City, RCVB and PB agree as follows: 1. The City hereby grants to the RCVB the status of a concurrent user pursuant to the USI license allowing it to gain access to the City's Mayo Civic Center web site and its Internet integration module for EBMS (known as iEBMS) for purposes of event registration and group housing (hotel) reservations. 2. RCVB is solely responsible for acquiring and maintaining its own online credit card processing company, merchant account and Secure Socket Layer ("SSL") Certificate for the iEBMS "check out" process. 3. RCVB will provide a clear disclaimer notice visible to the user when the user is about to leave the RCVB web site and enter the City's Mayo Civic Center secure site to process a registration or housing request. 1 4. RCVB will use the user's credit card number for the purpose of guaranteeing hotel room(s) reservation at the user's selected hotel and for making registration transactions for a group's events in Rochester. 5. RCVB will provide a clear disclaimer notice visible to the user at the time the user enters the credit card number in order to reserve a hotel room that the credit card number, along with personal information, will be shared with the user's designated hotel. 8. RCVB and PB will not sell or distribute for marketing purposes any data acquired as part of this registration process. 7. An individual's personal data (name, address, email address and phone number) will be transferred to the PB, acting as the host company for the RCVB web site and a data storage facility, via File Transfer Protocol (FTP). This data will be stored in a secure area of the RCVB web site for access by local hotel partners. 8. RCVB staff may retrieve an individual's credit card information from within EBMS and manually deliver it to a hotel partner via postal mail or telephone communication only so a customer can be charged for reserved hotel rooms that were never used. Facsimile or e-mail transmissions are prohibited. 9. At no time will credit card information be transferred electronically between the City's Mayo Civic Center web site and the RCVB web site. 10. RCVB must enter into written agreements with any and all hotel partners wishing to receive information from the RCVB pursuant to this Agreement. Those agreements must: A. Provide authorization for the hotel to use the credit card information for purposes of room reservation only. All other uses of this information must be strictly prohibited; B. n/a as CC number will now only reside on the City's server C. State that the hotel partners agreement is subject to the terms and conditions of this Agreement and the City's EBMS License as issued by USI; and, D. State that the hotel partners' agreement's terms and conditions are 2 subject to the City's approval. 11. This Agreement is revocable at each parry's sole discretion for any reason with 30 days written notice to the other parties. Upon revocation, RCVB must immediately discontinue accessing the City's Mayo Civic Center web site and tt s retrieving of information supplied by those accessing that web site. The PB must immediately discontinue acting as a data storage facility for that data retrieved by the RCVB from the City's web site. All RCVB- hotel partners agreements must be terminated immediately upon the City's revocation of this Agreement. Upon termination, all data that is currently stored should be saved to a CD ROM disc and the disc should be delivered to the RCVB. 12. Each party will defend, indemnify and hold harmless the other parties, their employees, officials, agents, successors and assigns, from any and all actions, causes of action, claims, demands, damages, and costs, including attorney's fees, arising out of or related to each party's actions performed in the implementation of this Agreement. 13. Nothing contained in this Agreement is intended or should be construed as creating an employment relationship among the City, RCVB or PB. No tenure or any rights or benefits, including workers' compensation, unemployment insurance, medical care, sick leave, vacation leave, severance pay, PERA, or other benefits available to City employees, shall accrue to RCVB or PB, or their employees, while performing services under this agreement. 14. No party may assign this Agreement without the written consent of all of the parties. 15. Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an amendment and signed by all of the parties. This Agreement may not be amended so as to cause a violation of the City's EBMS license from USI. 16. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items referred to in this Agreement are incorporated or attached and are deemed to be part of the Agreement. 3 17. This Agreement is subject to and must be interpreted in accordance with the City's License from US]. In cases of conflict between the terms of this Agreement and the City's License from USI, the latter will control. The City states that this Agreement complies with its EBMS license. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF ROCHESTER AND 99 Its Mayor Attest Its City Clerk Approved to Form: City Attorney STATE OF MINNESOTA ) ) ss COUNTY OF OLMSTED ) ROCHESTER CONVENTION VISITORS BUREAU M ROCHESTER POST BULLETIN a The foregoing agreement was acknowledged before me this day of , 2006, by Ardell F. Brede and Judy Scherr, the Mayor and City Clerk, respectively, of the City of Rochester, a Minnesota municipal corporation on behalf of the corporation. Notary Public 4 STATE OF MINNESOTA ) ss COUNTY OF OLMSTED ) On this day of 2006, before me, a notary public within an i for said county personally appeared personally known to me to be the of the Rochester Visitors and Convention Bureau, and who executed the foregoing agreement on behalf of the professional association and who further acknowledged that he is authorized to execute this agreement on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF OLMSTED ) On this day of 2006, before me, a notary public within and for said county personally appeared personally known to me to be the of the Rochester Post Bulletin, and who executed the foregoing agreement on behalf of the professional association and who further acknowledged that he is authorized to execute this agreement on behalf of the corporation. Notary Public 5 REQUEST FOR COUNCIL ACTION MEETING f DATE: 1i'0i00 arENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA PLANNING _ ITEM DESCRIPTION: Wetland Replacement ['tan — Pt airie Crossing West, :llenard's North PREPARE AB�Y- J01111 tlart Plan January 30, 2006 (Continued from the 2/6/06 Council Meeting) Wetland Delineation and Replacement Plan: The applicant proposes the filling of 2.93 acres of Type 2 wetland on property located north of 65"' St., NW and west of US 52 and the site of a proposed new Menards store. The applicant must replace the wetland with a minimum of 5. 86 acres of wetland and buffer area. They propose a replacement plan that includes 4.4 acres of new wetland credits and 1.46 acres of Public Value Credits in an existing wetland bank located in Haverhill Township, within the Zumbro River watershed. The Technical Evaluation Panel (TEP) reviewed the alternatives and found that they meet the minimum standards for Sequencing (MS Chapter 8420.020). The TEP indicated some concern with the proposed site design but they agree that avoidance of the wetlands is a long term risk leading to the eventual loss of the wetlands due to the location bf'thc wetland and supporting water sources, the required location, significant change in grade and construction standards fur the relocated west frontage road, and long term impacts on the wetland from the future sunTounding commercial development. replacement wetland proposed by the applicant is a part of the existing Schmidt wetland bank located in Section <� of Haverhill Township. The applicant has indicated that the wetland bank has adequate approved credits to be used for this replacement project. Technical Evaluation Panel Recommendation: Based on the TEP review, the wetland sequencing and impact be accepted by the council and that the replacement plan be approved. City Council Action: Approve the replacement plan with conditions. The conditions include: 1. the applicant must supply the necessary wetland bank withdrawal forms to the Planning Department after completion of purchase of wetland bank credits; 2. the approval by the LGU applies only to th's proposed project; a new wetland replacement plan will be required if either the applicant changes, or the submitted site plan including road location and development proposal is changed. The council will need to approve a resolution that supports the replacement plan with conditions. COUNCIL ACTION: Motion by: second by: to: P IP i !i d �i v �❑ _ — _ _ _ _ — _ — - e The following is a sample of a possible Purchase Agreement for the sale of Wetland Banking Credits. This Purchase Agreement does not necessarily cover all of the issues that would be important to Sellers and Buyers, nor does it address the terms that tivould be appropriate for any particular transaction. Sellers and Buyers should obtain the services of qualified legal counsel to meet their specific needs. THIS AGREEMENT is made this September day of 14, 20 05 between Bill Schmidt (Seller) and Menards Inc. (Buyer). 1. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the wetland banking credits (Credits) listed below: Ff�Tb�TS' TO BL Olffn. Credit NWC PVC Wetland Type' Topo. Setting Cost per Acre or Sub-Grou ' Acres or S . Ft. Acres or 5 . Ft. S . Foot A 4.4 Acres 1.46 Acres 2 15,000/Acre B. C. D. E. Check here if additional credit sub-gToupsare part of this account and are listed on an attaclunent to this doctunent. 'A separate credit sub -group shall be established for each wetland or wetland area that has different wetland characteristics. 'Circular 39 types: 1, 1L, 2, 3, 4, 5, 6, 7, 8, B, U. 'Topographic setting types: shoreland, reverine, floodplain, flow -through, tributary, isolated, upland 2. Seller represents and warrants as follows: • a) The Credits are deposited in an account in the Minnesota Wetland Bank administered by the Minnesota Board of Water and Soil Resources (BWSR) pursuant to Minn. Rules Chapter 8420.0700-.0760. b) Seller owns the Credits and has the right to sell the Credits to Buyer. Page 1 of BWSR Form: wca-bank-12 (purchase agreement).doc Revised 1/15/03 3. Buyer will pay Seller a total of $87,900 for the Credits, as follows. a) -Cltis greemen U is sTned; e- b) afS43-,95 Ito be paid on the Closing Date listed below. 4. The closing ofthe purchase and sale shall occur on 20 (Closing Date) at The Closing Date and location may be changed by written consent of both parties. Upon payment of the balance of the purchase arice, Seller will execute and deliver to Buyer an Application for Withdrawal of the Credits in the form specified BWSR and such other documents as are necessary to transfer the Credits to Buyer. 5. Buyer has applied or will apply to John Hartford (Local Government Unit (LGU)) for approval of a replacement plan utilizing the Credits 'as the means of replacing impacted wetlands. If the LGU has not approved the Buyer's application for a replacement plan utilizing the Credits by the Closing Date, and no postponement of the Closing Date has been agreed to by Buyer and Seller in writing, then either Buyer or Seller may cancel this Agreement by giving written notice to the other. In this case, Seller shall return Buyer's earnest money, and neither Buyer nor Seller shall have any further obligations under this Agreement. If the LGU has approved the replacement plan and the Seller is ready to proceed with the sale on the Closing Date, but Buyer fails to proceed, then the Seller may retain the earnest money as liquidated damages. (Signature of Seller) (Date) (Signature uyer) (Date) Page 2 of 2 BWSR Form: wea-bank-12 (purchase agreement).doe Revised 1/15/nI I REQUEST FOR COUNCIL ACTION MEETING DATE: 3/20/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D-Z,4 I DESCRIPTION: Release Contribution Agreement — Forest Knoll Property PREPARED BY: wfl M. Baker 14> Background: The City entered into a Contribution Agreement with Arcon Development, Inc., and R.C. Properties, Inc., for lands commonly referred to as the Forest Knoll development, and described on the attached Exhibit, on or about 07/16/02. Said Agreement was recorded on or about 08/01/02, as Document #A-927545, and addressed the Owners obligations related to City's J9799 Sanitary Sewer & Watermain Extension Project. Since recording of the Contribution Agreement, R.C. Properties, Inc. has transferred its interest in said Property to Arcon Development, Inc., and subsequently the City has entered into a Development Agreement with Arcon Development, Inc. for the Property. Said Development Agreement was recorded as Document #A-1056567 on or about 03/23/05. At this time, Arcon Development, Inc., has requested that the City Council take formal action to rescind the Contribution Agreement because it is causing a cloud on the title for the sale of the Property. Public Works staff have reviewed both the Contribution Agreement and the Development Agreement and determined that the intent of the Development Agreement was to replace the Contribution Agreement in its entirety, but that language to formally replace / rescind the Contribution Agreement was inadvertently omitted from the Development Agreement. Staff would note that a Contribution Agreement for the same J9799 project was executed in 2002 for the abutting Maine Street Development. At the time the Development Agreement was executed for Maine Street in 2005, a provision was included in the "General Provisions" section of the which indicated that the terms of the Development Agreement superseded and replaced the prior Contribution Agreement. COUNCIL ACTION REQUESTED: Adopt a Resolution to Rescind the Contribution Agreement between Arcon Development, Inc., R.C. Properties, Inc., and the City of Rochester, recorded on or about 08/01/02 in the Olmsted County Recorder's Office as Document #A-927545. JNCIL ACTION: Motion by: __ Second by: _ to: �-x k1 bt+ CERTIFICATE OF SURVEY PART OF NE1/4, SECTION 35, T106N, R14W & PART OF SE1/4, SECTION 26, T106N, R14W OLMSTED COUNTY, MINNESOTA DESCRIPTION That port of the South Half of the Southeast Quarter of Section 26, and of the North Half of the Northeast Quarter of Section 35, oli in Township 106 North, Range 14 West, Olmsted County, Minnesota, described as follows: Beginning at the northeast corner of said Northeast Quarter; thence westerly on a Minnesota State Plane Grid Azimuth from north of 270 degrees 17 minutes 44 seconds along the north line of said Northeast Quarter 943.51 feet; thence southerly 180 degrees 13 minutes 45 seconds azimuth 100.13 feet; thence westerly 270 degrees 17 minutes 44 seconds azimuth 1098.90 feet; thence northwesterly 322 degrees 11 minutes 37 seconds azimuth 512.17 feet; thence westerly 270 degrees 17 minutes 44 seconds azimuth 275.84 feet to the west line of said Southeast Quarter; thence southerly 179 degrees 19 minutes 27 seconds azimuth along the west line of said Southeast Quarter 302.95 feet to the southwest corner of said Southeast Quarter; thence southerly 180 degrees 00 minutes 31 seconds azimuth along the west line of said Northeast Quarter 1320.83 feet to the southwest corner of said North Half; thence easterly 90 degrees 09 minutes 55 seconds azimuth along the south line of said North Half 2628.49 feet to the southeast corner of said North Half; thence northerly 00 degrees 01 minutes 53 seconds azimuth along the east line of said Northeast Quarter 1314.85 feet to the point of beginning. Said tract contains 79.64 acres more or less. Said tract subject to County Road and State Highway right—of—way easements. 95 % REQUEST FOR COUNCIL ACTION MEETING UUWW�� DATE: 3-30-06 NDA 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. Batter, identify approximately 75.63 acres of land located west of TH 53 a.id north of 65t" Street NW for "commercial" land uses. Senior Planner March 15, 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. ' 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. Distribution: 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 20, 2007 in the Council / Board Chamber at the Rochester - Olmsted Government Center Building COUNCIL ACTION: `,ion By: Seconded By: Action: M ROCIIESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 • Rocaesler, MN 55904-4744 www.cimstedcounty.com/planning Urt•I TFU..tUGWI-: � TO: City Planning and Zoning Commission FROM: Mitzi A. Baker, Senior Planner DATE: November 3, 2005 RE: Land Use Plan Amendment #05-07 and Zoning District Amendment #05-13 by Prairie Crossing, LLC to amend the Rochester Urban Service Area Land Use Plan and Rochester Zoning Map to identify approximately 75.63 acres of land located west of TH 53 and north of 651h Street NW for "commercial" land uses and "M-1" Mixed Commercial -Industrial Zoning. Planning Department Review: Petitioner: Prairie Crossing, LLC 1201 SW Meadowlark Court Rochester, MN 55902 Surveyor/Consultant: McGhie & Betts, Inc. 1648 Third Ave SE Rochester, MN 55904 Location of Property: The property is located north of 651" Street NW and west of T.H. 52. Requested Action: The applicant proposes to amend the Rochester Urban Service Area Land Use Plan and Rochester Zoning Map to identify approximately 75.63 acres of land located west of TH 53 and north of 65" Street NW for "commercial' land uses and "M-1" Mixed Commercial -Industrial Zoning. Existing Land Use: The property is currently undeveloped and has historically been cropped agricultural land. Proposed Land Use: The applicant is proposing to amend the Rochester Urban Service Area Land Use Plan to designate approximately 75.63 acres of land located west of TH 52 and north of 65" Street NW for "commercial' land uses and "M-1" Mixed Commercial - Industrial Zoning. BUILDING CODE 507/285-8345 • GIS/ADDRESSINGfMAPPING 5071285-8232 • HOUSING!HRA 507/2m-8224 - PLANNING/ZONING 5071285-8232 • WELLISEPTIC 5071285.8345 FAX 5071287-2275 ,• •� AN EQUAL OPPORTUNITriAFPIRMATIVE ACTION EMPLCYER F Page 2 Adjacent Land Use and There is no formal future land use plan map for land in the 25 Zoning: year urban service area lying north of 65'" Street. Since there is no formal designation, the designated future land use is considered to be "low density residential' unless otherwise approved (via land use plan amendment petition). The east side of the property abuts TH 52, the south side abuts 65" Street NW, and the north and west abut agricultural lands in the County that are identified as being within the 25-Year Urban Service Area for the City of Rochester on the Olmsted County Land Use Map. Land to the north and west is deemed "low density residential' unless otherwise approved/identified on the Rochester Urban Service Area Land Use Plan. Transportation Access: Access to this development will initially be from 65" St/Overland Drive. A future interchange Is planned at this intersection with TH 52 which includes a future frontage road that will also provide access to the property, and which would extend to 751" Street upon full build -out. There are uncertainties with regard to the final roadway design and right-of-way needs and with regard to the final approval and construction of the interchange that will need to be addressed with the consideration of General Development Plan #264 accompanying this application. Wetlands: Wetlands exist on this property, A wetland delineation has been carried out for the property and is on file with the Planning Department. Referral Comments: 1. See comments attached to GDP #264 Report Attachments: 1. Location Map Criteria & Staff Suggested Findings: The Rochester Urban Service Area Land Use Plan Criteria Commercial Land Use Designation: Regional shopping centers, defined as including one or more major department stores, or several specialty stores, are best suited in areas with the following characteristics: a. Located at the intersection of a major arterial or higher level street with similar or higher level streets. The future frontage road and 6P Street NW are identified as arterials on the Lung Range Transportation Plan and Trunk Highway 52 is identified as a freeway. b. Having level terrain. This site does not have level terrain. c. Having good pedestrian, vehicular, and transit access. Page 3 Upon completion of infrastructure improvements required of the development and as ulentifi'ed on the Long Range Transportation Plan, this development would have good pedestrian, vehicular and transit access. Recent and future improvements inctude. fiuure (upgraded) frontage road connection or the west side of TH 52 from 65" Street to 75'h Street NIV; interchange at 75" Street NW; overpass at 65" Street NW currently under construction; and a future interchange at 65`" Street NW. There are uncertainties with regard to the final roadway desi,n and righl-of-way needs and with regard to the final approval and construction of the interchange that will need to be addressed with the consideration of General Development Plan #264 accompanying this application. d. Having at least 40 acres of land suitable for commercial development. This property will have at least 40 acres of land for commercial development. The service areas of regional shopping centers in Rochester extend beyond Olmsted County to include Southeastern Minnesota, Southwestern Wisconsin, and Northeastern Iowa. Projections of area requirements for regional shopping centers and for other commercial uses have been made on the basis of projected employment growth, as explained In Appendix e. Rochester Zoning Ordinance and Land Development Manual Criteria & Proposed Findings for Zone Change Petition #05.14: Under the provisions of Paragraph 60.338 of the Rochester Land Development Manual, the Commission shall recommend for approval and the Council shall approve, an application requesting an amendment to the zoning map if the amendment satisfies the following criteria: 1) The criteria of this subdivision apply to those amendments to the zoning map filed by formal petition. An amendment need only satisfy one of the following criteria: a) The area, as presently zoned, is inconsistent with the policies and goals of the Comprehensive Plan; b) The area was originally zoned erroneously due to a technical or administrative error; c) While both the present and proposed zoning districts are consistent with the Plan, the proposed district better furthers the policies and goals of the Comprehensive Plan as found in Chapters 2 and 3 of the Rochester Urban Service Area Land Use Plan, Chapter 3 of the Housing Plan, and Chapter 10 of the ROCOG Long Range Transportation Plan; or d) The area has changed or is changing to such a degree that it Is in the public interest to rezone so as to encourage development or redevelopment of the area. Proposed M-'1: A Land Use Plan amendment (#05-07) Is being considered concurrent with this application. If the Land Use Plan Is amended, to designate the property for "commercial" land uses, the petition to rezone to the M-1 district would be consistent with the Land Use Plan. The area is changing (TH 52Improvements, 75r" St. 65'h Street overpass & future Interchange). Page 4 2) The criteria of this subdivision also apply to those amendments to the zoning map filed by formal petition. However, an amendment must satisfy all of the following criteria: a) the permitted uses allowed within the proposed zoning district will be appropriate on the subject property and compatible with adjacent properties and the neighborhood; and Proposed M-1: Permitted uses allowed within the proposed M-1 zoning district could be appropriate on the subject property. Recent and planned transportation improvements planned in this area include a new frontage road connection between 6e Street and 751b Street; an interchange at 75� Street, an overpass at 651b Street and future construction of an interchange at 6e StreetITH 52 as documented in the recently adopted Long Range Transportation Plan. There are uncertainties with regard to the final roadway design and right -of --way needs and with regard to the final approval and construction of the Interchange that will need to be addressed with the consideration of General Development Plan #264 accompanying this application. b) the proposed amendment does not involve spot zoning. (Spot Zoning involves the reclassification of a single lot or several small lots to a district which is different than that assigned to surrounding properties, for reasons inconsistent with the purposes set forth in this ordinance, the state enabling legislation, or the decisions of courts in this state). Proposed M-1: This amendment would not constitute spot zoning. Staff Recommendation: Though this property does not have level terrain, the site does meet the other characteristic criteria outlined in the Land Use Plan for "commercial" land use designations. Findings support the petition as initialed by the applicant. If the Land Use Plan Amendment is supported, findings could be made to support the Zoning District Amendment to M-1 (Mixed Commercial -Industrial) district. There are uncertainties with regard to the final roadway design and right-of-way needs and with regard to the final approval and construction of the interchange that will need to be addressed with the consideration of General Development Plan #264 accompanying this application. qD W Page 5 City Planning and Zoning Commission Minutes Hearing Date: November 9, 2005 3\time Gradinand Drainage Plan approval is required prior to development o ach lot. e of re -subdividing,' controlled access shall be dedicated ong the entire of Eastwood Road SE accept for the driveway openings pproved bythe orks Department. a acilities (10 foot wide bituminous path) will be quired along the nta of Eastwood Road SE The applicant sh execute a Pedestrian Agre ent with the City which addresses t Owner's obligation for the onstruct said path in the future. 6. All driveway approach shall meet standard y approach design standards. 7. The public parkland dedica n requireme for this development shall be in the form of cash in lieu of land. D ication quirement is only for the increase number of dwelling units (3). Mr. Svenby stated that t pond should have been included in the i tion to change from Industrial to the ComrgOcial zoning district. Therefore, staff requestedNChe Commission extend the in itiationg include the pond site. Mr. Burk/Mo d'to continue Land Use Plan Amendment #05.08:and Zont District Amendm-14 initiated by the Rochester' Planning and Zoning Commis n to Decemb05. Mr. Sn der seconded the motion'.' The motion carried 6-0. Ms, as moved to extend the initiation of Land Use Plan Amendment #05-08 and Zqolring District Amendment #05-14 to include the pond. Ms. Wiesner seconded the otion. The motion carried 6-0... AND Page 6 City Planning and Zoning Commission Minutes Hearing Date: November 9, 2005 Mr. Burke moved to continue General Development Plan #264 to be known as Prairie Crossing West, Land Use Plan Amendment #05-07, and Zoning District Amendment #05- 13 by Prairie Crossing, LLC to January 11, 2006. Ms. Rivas seconded the motion. The motion carried 6-0 OTHER BUSINESS: 1. As may be brought up with members No discussion items were brought forward. ADJOURN: Motion made by Mr. Burke to adjourn, seconded by Ms. Wiesner. Mr. Haeussinger, Chair, adjourned the meeting at 7:45 p.m. Respectfully Submitted: Philip H. Wheeler, AICP Mr. Bob Haeussinger, Chair IF 9. � MINUTES OF THE CITY OF ROCHESTER PLANNING COMMISSION 2122 CAMPUS DRIVE SE - SUITE 100 ROCHESTER MN 55904 Minutes of the regularly scheduled meeting of the City Planning and Zoning Commission held on Wednesday, January 11, 2006, at 7:00 p.m. in the Council/Board Chambers of the Government Center, 151 4th Street SE, Rochester, MN, Members Present: Mr. Robert Haeussinger, Chair; Mr. Jay Burke, Vice Chair; Mr. Michael Quinn; Ms. Leslie Rivas; Mr. Jesse Wallace; Mr. Paul Ohly; Ms. Lisa Wiesner; Mr. Vince Barry; and Mr. Bruce Snyder Members Absent: None Staff Present: Mr. Brent Svenby and Ms. Jennifer Garness Other City Staff Present: SET ORDER OF AGENDA: Ms. Wiesner moved to approve the agenda, as written. Mr. Burke seconded the motion. The motion carried unanimously. CONSENT AGENDA: Ms. Rivas made a motion to approve the following consent items (Annexation Petition #2005-15 was withdrawn as noted in the meeting packet). Mr. Snyder seconded the motion. • December 14, 2005 minutes The motion carried unanimously. CONTINUED ITEMS: Land Use Plan Amendment #05-07 and Zoning District Amendment #05-13 by Pr r irie Crossing LLC to amend the Rochester Urban Service Area Land Use Plan and Rochester Zoning Map to identify approximately 75 63 acres of land located west of TH 52 and north of 65th Street NW for "commercial land uses and "M-1" Mixed Commercial -Industrial Zoning. AND Mr. Brent Svenby presented the staff reports, dated November 3, 4 and 111', to the Commission. The staff reports are on file at the Rochester -Olmsted Planning Department. Mr. Svenby explained that the largest issue, for the general development plan, was the access to the site (making sure there are adequate public facilities to accommodate the proposal). 4 Page 2 City Planning and Zoning Commission Minutes Hearing Date: January 11, 2006 Mr. Burke asked if there was a timeline on the 651h street study Mr. Svenby responded that he was not aware of one, but the City has been preparing the information requested by MnDOT. Discussion ensued regarding phasing. Mr, Burke asked how the existing frontage road fit into the plan. Mr. Svenby responded that the traffic study would need to be completed prior to any development being approved The applicant's representative, Josh Johnson from McGhie and Betts, Inc. (1648 Third Avenue SE, Rochester MN 55904), addressed the Commission. Mr. Jerry Nelson was present to answer any questions from the Commission. Mr. Johnson stated that there is a development agreement signed for this development, as well as the Prairie Crossing East development. Mr. Johnson discussed where the proposed right-of-way was located for the future interchange. The right-of-way was designed to fit with any interchange design. Mr. Johnson showed a picture of where the existing frontage road was located on the proposed general development plan. Mr. Quinn asked if the only entrancelaccess was on the north side of the property. Mr. Johnson responded yes. He explained the possibility of moving one of the entrances due to the newly adopted ROCOG 2035 Plan. With no one else wishing to be heard, Mr. Haeussinger closed the public hearing. Ms. Wiesner moved'to recommend approval of Land Use PlartAmendmertR#05 Q7 d Prairie Crossing, LLC based on staffs recommendation. Mr. Quinn seCotlded'the motion. The motion carried 9-0. Ms. Wiesner moved to recommend approval of Zoning District Amendment #05-13 by Prairie Crossing, LLC based on staffs recommendation. Mr. Quinn seconded the motion The motion carried 9-0. Ms. Wiesner moved to recommend approval of General Development Plan0254 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 carried9-0. CONDITIONS: 1. The applicant agrees: a. The development of the property shall be phased until an interchange at 65th Street / TH 52 is constructed. Any phase preceding interchange construction mimf he accomnanied by a Traffic Imnact Renort (TIR) showing that the 55`h Page 3 City Planning and Zoning Commission Minutes Hearing Date: January 11, 2006 Street! Bandel intersection and other adjacent intersections along 55`h 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. Development must be phased to provide concurrence with adequate public facilities_ 2. Prior to Platting and development, the GDP shall be revised to incorporate the following: � r a. Following completion of additional studfes'related to the 66,Street interchange justification with MnDOT and the Federal Highway'Adininistration identity right of -way that will be reserved consistent with the right=of-way needs for an interchange at 65`h Street and TH 62. b. Driveway spacing identified on the GDP is not approved as identified GDP shall identify_driveway'spacmg :consistent with th. a guidellnes in,the ra F ROCOG Long Range Transportation .Plan 3. There are inadequate, on and off site puCilic facilities, specifically 5an►farySewerf' Starrii Water Management Facilities, Pedestrian Facilities,'and Transportation - facilities to accommodate the development of., are Pr'operty4#The development must be phased In in a manner`eansisterittyith the City`s"exlstiFng and planned pr .. , infrastructure improvements �4 DevempmentAgreted forthls General DevelapmeptPlanx,Developfnej"'twillneedtoti'd aseatttxprovida 'U. concurrence with cle44qua p publ fac lities 4 A Witlandldelme ort is on file'witF IMPt a Planning Department and an ap l+cation fora Wetland' Replacement has beenffled ApQr'oval-o thisG1JP1 ddH1,ijletita uponthe applicant securing approval for fllhng ancFrepFacrig wetlards'omthlst property. If the City C.4uncil does liot apprave a replac :er t, lea - oar en 4 f DevelopmentPianw�ll need to befiled:; Yry 2V' Ai S. Water mains must be`netwoiked properlyto provide adequatd4low`s. for;gti ° n' ,i ., protection and water quality. and must be extended to adjacent properties per` the, requirements of RochesterPublit utilities Pi irti it i4izap Nr,S- MEETING 7 / REQUEST FOR COUNCIL ACTION DATE: 3-20-06 NDA SECTION: ORIGINATING DEPT: ITEM NO. CONTINUED - PUBLIC HEARINGS PLANNING E -,7 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 Mitzi A. Baker, land located west of TH 52 and north of 65th Street NW "M-1" Mixed Commercial- Senior Planner Industrial Zoning. March 15, 2006 City Planning Zoning Commission RecommendationZoning 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: 1. 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: 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 15, 2006 in the Council/Board Chambers at the Government Center, 151 4th Street SE. COUNCIL ACTION: ion By: Seconded By: Action: REQUEST FOR COUNCIL ACTION MEETING DATE: 3/20/06 '--:NDA SECTION: ORIGINATING DEPT: ITEM-BO. CONTINUED - PUBLIC HEARINGS PLANNING — ITEM DESCRIPTION: General Development Plan #264 to be known as Prairie PREPARED BY: Crossing West, by Prairie Crossing, LLC. The application proposes Mitzi A. Baker, development of approximately 75.63 acres of land located west of TH 52 and Senior Planner north of 651h Street with 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 parking. March 15, 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: 11 The apploGant agrees: a. The developmeRt Of the PFGPGFCY shall be phased unto' an In WchaRge at to showiRg that the 55Band Street_N;V handle, to the l-0VA' Of SAFI-FIGS 9FItAFIa Actablished in the LDM, the IncFease in traffin train this site man G-FORRiAg East. DGWIGPIT181111 be to nenGui:Fenne with adequate and- PFAMP Mat phased PFGVide public 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). feBewiag: e a a. be amstent ith the gh"I-Way that will reSPROAd can of F ght of way Roady b� txee _and�b 52, 'Veway-spacing b. D identified en in the ROCOG Long Range T-ranriportation PwAr—MIAe" driveway sparing Consistent with the guidelines OthBFW!raappre;;adthFGt-GihaL)er*QnM29!!!29!!28- (moved to bean Independent canditlen) 2. Driveway spacing identified on the GDP Is not approved as Identified, unless subsequently approved through a 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 Design Modification. _JUNCILACTION: Motion by: Second by: to: ./0 0 Page 2 RCA March 15, 2006 3. There are inadequwe on and off site public facilities, specifically Sanitary Sewer, Storm Water Management 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. 4. Wetland delineation is cn 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 Plan will need to be filed. 5. Water mains must be networked properly to provide adequate flows for fire protection and water quality at must be extended to adjacent properties per the requirements of Rochester Public Utilities. 9 Council Action Needed: 1. 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 20, 2006 in the Council i Board Chamber at the Rochester - Olmsted Government Center Building /0/ m°a Minnesota Department of Transportation cMinnesota Department of Transportation - District 6 ~e�rcv "P"50u 2900 48'h Street N.R'. Rochester, MN 55901-5849 February 1, 2006 Richard Freese, P.E. Director of Public Works 201 4th Street SE Rochester, MN 55904-3708 Office Tel: 507-285-7374 Fax 507-285-7355 E-mail: nelrae.succio c dct.state.mn.us Re: SP 5508-109 TH 52 - Northern Rochester Transportation Study — City Request for an Interchange Dear Richard: As a follow-up to our phone discussion, I'm writing to express Mn/DOT's concern regarding, not only the Menard's proposal under consideration by the City Council this Monday, February 6, but also approval of other development plans in Rochester's northwest territory in and around Trunk Highway (TH) 52 and 65th Street NW. The existing roadway network in this area, including 55th Street NW and the interchange ramps, the West Frontage road, and Bandel Road, are already under stress from high traffic volumes generated by the growth and development in the area. Additional commercial and residential developments will put more stress on these City, County and State roadways. It appears as though additional developments are being approved with the assumption that the appropriate roadway infrastructure will follow, without a thorough traffic analysis of what new infrastructure will be needed to serve not just the immediate development but to also serve the area. As each new development receives approval, we are losing viable alternatives for identifying and developing the most appropriate transportation network to resolve the traffic congestion issues both visible today and anticipated in the future. One goal of the R0052 project was to minimize access to TH 52 by consolidation or elimination of access points. Because of the significant investment on this corridor and the operational and safety concerns raised by adding new ramps to this freeway type facility, Mn/DOT and FHWA have responded to the City's request for a 65th Street interchange by requiring the City to fully investigate improvements to the local transportation system first, before a new interchange will be ecrtsidered. As a result, City, ROCOG, FHWA, and Mn/DOT staffs are dedicating considerable time and effort to complete the "Northern Rochester Transportation Study". The traffic modeling and analysis included in this study are intended to identify local and regional transportation improvements needed in Rochester's northern territory; to address both the existing traffic demands and needs for the new traffic generated by the long term growth and development proposed for the area. This study is broader in scope than previous studies in the area. It involves an inter- agency technical group and uses the most current information to investigate alternatives and develop solutions. The study will include both modeling of the network and detailed operational analysis of the alternatives that are selected for in-depth review. City, State, FHWA, and ROCOG staff are cooperating with this study and working hard to keep it moving forward. We anticipate recommendations from the committees by Mid -May of 2006. It is imperative that this study be completed before new development is approved that may impact the study results and options. As an example, the West Frontage road design included in the Menard's proposal is not acceptable to Mn/DOT. It does not meet critical design criteria included in the MOU; criteria that was accepted and approved by the Rochester City Council in May of 2005. As was stated in a previous letter, Mn/DOT is the jurisdictional owner of this west frontage road and will not allow the new frontage road connection as is shown on this proposal. Proposals of this nature will only further aggravate the traffic problems in the area. Should premature approval of such development plans obstruct our ability to develop a complete transportation network, it may also restrict our ability to allow an interchange at 65`s Street any time in the future. It is with this information that we ask the City officers of Rochester to be informed and considerate of the Northern Rochester Transportation Study when reviewing development proposals in this area. I truly believe it is in the best interests of all parties, including the developers and Minnesota tax payers, to develop and plan for the best solution in the future. Please contact me if you want to discuss this further. Sincerely, Nelrae Succio Transportation District Engineer cc: Dennis Hanson, Rochester City Council President Kevin Kliethermes, FHWA Rhonda Prestegard, MnDOT Michael Schweyen, MnDOT Fred Sandal, MnDOT Greg Paulson, MnDOT File /D3 ROCHESTER - OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DRIVE SE, SUITE 100, ROCHESTER, MN, 55904-4744 PH: (507) 285-8232 FAX: (507) 287-2275 To: Rochester Mayor and Common Council Richard Freese, Public Works Director Steve Kvenvold, City Administrator From: Phil Wheeler, AICP, Planning Director Date: February 2, 2006 Re: Prairie Crossing West General Development Plan At a meeting on the status of modeling alternatives related to the 651" Street Interchange Study/Operational Analysis (OA), attended by Mn/DOT staff, the consultant, ROCOG staff, and FHWA representatives, Mn/DOT staff expressed to me the following concerns: 1. that the proposed alignment of the frontage road conflicts with the MOU between the City and Mn/DOT; 2. that Council decisions related to the Prairie Crossing West General Development Plan would preclude from further consideration some of the options being considered for circulation in the vicinity of the interchange; 3. that the frontage road would not be allowed, because Mn/DOT remains the road authority for the frontage road and will not allow the necessary access; 4. that access spacing does not meet the 400 foot standard agreed to in the MOU; and 5. that the land use decisions being made appear to depend on the development of an interchange, which they have not agreed to. Mn/DOT staff wanted these concerns passed on to the Council, and I assured them that the letter Chris Moates of Mn/DOT had previously submitted on January 25, 2006, which covers these concerns, would be included in the Council packet. I offered those present the opportunity to discuss their concerns directly with the Council either at the hearing or the Committee of the Whole meeting, if that could be arranged. They agreed that that would be helpful. I then called Steve Kvenvold, who agreed to put the matter on the Committee of the Whole agenda, informed the Mn/DOT staff, and those present agreed that Mn/DOT would send representatives to the Committee meeting. Later that afternoon, District Engineer Nelrae Succhio called Richard Freese and left a voice mail message saying that the Mn/DOT staff would NOT attend the Committee of the Whole meeting. Our response to the five Mn/DOT concerns is as follows: 1. Public Works staff has a different perspective on the MOU than the perspective reflected in Mr. Moates' letter. The Council should clarify the issue and hopefully resolve it prior to acting on the GDP. 2. Planning staff agree that the GDP effectively precludes from further consideration the option of extending the west frontage road south through the Baptist Church property and connecting with Clearwater Drive NW. If the Council views this option as realistic, it shoulc; delay action on the GDP until the study is further along and more is known about that option. If the Council is of the opinion that that option is unrealistic, it should direct staff to work with Mn/DOT to resolve the difference of opinion over that option. 3. To resolve the frontage road question in terms of access, the Council could approve the GDP contingent on the road authority granting access. Indefinite delays on the Council's decision on the GDP are not possible under the 60 day rule that we work under. 02/02/06 4. We concur with the Public Works Director that the 400 foot spacing issue should not be an impediment to approval, since there will not be turning movement conflicts. 5. Related to the intensity of development, our recommendation regarding phasing of approvals addresses the fifth issue raised by Mn/DOT staff. The ROCOG Long Range Transportation Plan includes the interchange, so the site meets the land use plan criteria for commercial use. The Land Development Manual requires that there be adequate public facilities, so our recommendation limits the intensity of commercial use according to the capacity of the road infrastructure now in place or programmed. The recommendation enables the GDP to proceed, but development is required to be phased so that the City is not committed to an intensity of development beyond the capacity of the transportation system. There are clearly issues that should be resolved with Mn/DOT related to the proposed interchange. The Prairie Crossing West GDP is unfortunately caught in the middle. Nevertheless, acting on the GDP without a further attempt to resolve these issues would appear counterproductive to the long term interests of all parties. For this reason, I recommend that the Council delay action on the GDP for up to one month, in the hope that in the mean time we can reassure Mn/DOT that the phasing of approvals does not make commitments beyond the available infrastructure and resolve issues pertaining to the MOU, the Clearwater Drive option, and the access spacing and frontage road alignment questions. Page 2 of 2 'NNES"I �o ;e7OF 0� Minnesota Department of* Transportation Minnesota Department of Transportation - District 6 2900 48"' Street N.W. Rochester, MN 55901-5848 January 25, 2006 Jennifer Gamess, Planning Department Rochester -Olmsted Planning Department 2122 Campos Drive Southeast -Suite 100 Rochester, MN 55904 Office Tel: 507-280-3188 Fax: 507-2S5-7279 E-mail: chris.moates@dot.statc.mn.us RECETVID REVISED: General Development Plan #264 to be known as Prairie Crossing West, by Prairie Crossing, LLC. The application proposes development of approximately 75.63 acres of land located west of TH 52 and north of 65" Street with 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 parking. US Highway 52, Control Section 5508 Dear Ms. Gamess: The Minnesota Department of Transportation (Mn/DOT) Planning Office has reviewed the revised General Development Plan (GDP) for Prairie Crossing West which includes a proposed Menards retail store and a future development phase, west of US Highway 52. As indicated in our previous response, Mn/DOT is concerned with the frontage road and interchange proposal that is included with this GDP. Mn/DOT requests no action be taken on this GDP until the results of the current traffic needs study and Operational Analysis (OA) are known. Mn/DOT further recommends as follows: The west side frontage road as proposed does not meet the requirements of the signed Memorandum of Understanding (MOU) between the City and Mn/DOT. The west frontage road must be planned as a direct north/south connection from 65th Street to 75`h Street and subject to Mn/DOT review and acceptance as stated on page 3 of the MOU. 2. Mn/DOT as the jurisdictional owner of the existing west side frontage road will not allow the obliteration of the current frontage road or reconstruction of the proposed until the OA is complete and Mn/DOT and the City or agent are in agreement with the proposed changes. 3. The driveways from the Menards site to the frontage road do not meet the 400 foot minimum access spacing criteria for arterial roadways as provided by City ordinance and committed to in the MOU for US Highway 52 frontage road design. 4. Approval of this GDP in advance of completing the needs study and operational analysis may eliminate preferred options for upgrading the roadway network and may impact future decisions about whether an interchange will be allowed at 65"h Street. r. Jennifer Gamess January 25, 2006 Page Two Thank you for the opportunity to comment. For questions about this response you may contact Fred Sandal Principal Planner, at (507) 285-7369 or Tracy Schnell, Regional Planning Assistant, at (507) 280-5028. Questions about the study needs may be directed to the project manager for Mn/DOT, Rhonda Presteg Ord, at (507) 285-7368. Sincerely, Chris Moates District 6 Planning Director cc: Prairie Crossing, LLC, 1201 Meadowlark Court, Rochester MN 55902 McGhie and Betts, Inc., 1648 Third Ave SE, Rochester MN 55904 Richard Freese Nelrae Succio Greg Paulson Rhonda Prestegard Mike Schweyen Fred Sandal Tracy Schnell Debbie Bement File so a (/) RE : =CEIVED Ary 1 12006 �` `Bxr sr au TEc I _• I '. r' ,14tRar s it C 1 1 - IIf �=: a 'NR, IaL ,OP9� eIDA'•i S T U V S =o=_ McG61e eecls, Inq -o Lr M t 1 WESTGARD GENERAL DEVELOPMENT PLAN PRAIRIE CROSSING WEST BOCNESM. MN f R0, :STER-OLNISTED PLANNING DEP.,-..AIENT 0"� CI ,rEl'', rt 2122 Campus Orive SE, Suite 100 Rochester, NIN 55904-4744LjZ f-xiaml %---i o .. o c www.clmsledcounty,,;om/planning �:•., C;��-1', yj h TO: City Planning and Zoning Commission FROM: Mitzi A. Baker, Senior Planner DATE: January 11, 2006 RE: General Development Plan #264 to be known as Prairie Crossing West, by Prairie Crossing, LLC. The application proposes development of approximately 75.63 acres of land located west of TH 52 and north of 65t" Street with 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 parking. The applicant filed a REVISED General Development Plan today, to address two of the items listed in staff recommended condition #2. In response to the REVISED GDP, and additional discussion with the consultant, staff is recommending modified conditions, as identified below (edits are not shown, in order to provide a clean copy of the recommendation — edits are limited to condition #2): i. The applicant agrees: a. The development of the property shall be phased until an interchange at 65' Street/ TH 52 is constructed. Any phase preceding interchange construction must be accompanied by a Traffic Impact Report (TIR) showing that the 550' Street/Bendel 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. Development must be phased to provide concurrence with adequate public facilities. 2. Prior to Platting and development, the GDP shall be revised to incorporate the following: a. Following completion of additional studies related to the 65'" Street interchange justification with MnDOT and the Federal Highway BUILDING CODE 507/285-8345 • GISIADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 507/285-8224 PLANNING20NING 507/285-8232 • WELLISEP71C 5071285-8345 FAX 507/287^2275 i Administration identify right-of-way that will be reserved consistent with the right-of-way needs for an interchange at 65!A Street and TH 52. b. Driveway spacing identified on the GDP is not approved as identified. The GDP shall identify driveway spacing consistent with the guidelines in the ROCOG Long Range Transportation Plan. 3. There are inadequate on and off site public facilities, specifically Sanitary Sewer, Storm Water Management 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. 4. A 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 Plan will need to be filed. 5. 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. 110 mitt 1 IRNL Y BROCIm _ —HOBOR R LWO ate_ tt t1 RECEIVED L 1 > iAN 1 12M6ESTa?�k .,rE ._ / may._ A. r. i . i ��� �. •... , .: : .. \✓—✓"'q. \ \ �—' •' Hl 1 q - ., Ire u- -: .: r \. _" /i • !'" �+�� ;Y.• STUV S � �� 1 _ _-� g=_: WESTGARD C�-.. GENERAL DEVELOPMENT PLAN PRAIRIE CROSSING WEST — ROCHESfEH. GN January 11, 2006 Rochester Mitzi Baker Minnesota Rochester/Olmsted Planning Department 2122 Campus Drive SE Rochester, MN 55904 Land Surveying RE: Revisions to General Development Plan for Prairie Crossing West Urban - Land Planning Dear Ms. Baker: Consulting - Civil Engineering Geotechnical Engineering Per our phone conversation on January 10, 2006, the attached revised General Development Plan for Prairie Crossing West reflects changes that could be Construction Material Testing made at this time per the staff report written for the January 11 th, 2006 Rochester Planning and Zoning Commission meeting. The following are the •Landscape Architecture revisions made and conditions corrected: Conditions' 2(a): I have identified the pedestrian facilities easement along 65th Street NW, the North/South road along the western property line, and along the frontage road. Per the requirements of the Development Agreement for this property, where there is NOT a 10' wide pedestrian path, the owner is required to install sidewalk along all public roadways. The actual sidewalk is not shown on the plan. 2(b): I have increased the right-of-way from 80' to 120' for the North/South road along the western property line. The second paragraph in 2(b) is asking for changes within 10 days of the Council action that may not be possible to make due to the timing of the studies for the 65th Street being completed. I would like to suggest that due to the revisions made on the General Development Plan, the second paragraph in 2(b) can be changed to Condition # 2 and be re -written as the following without the requirement to be completed •within 10 days of Council action: 1848 Third Avenue 2 Following completion of additional studies related to the 65th Rochester, MN 55904 04 Street Interchange, justification with MNDOT and the Federal Tel. 507.289.3919 Fax. 507.289.7333 e-mail. mbi@mcghiebetts.com 11 Highway Administration, identif right-of-way that will be reserved for an interchange at 65th Street and TH 52 prior to platting. I appreciate your time on this matter and if you have any questions or need additional copies of the General Development Plan (I have enclosed six revised copies), please feel free to contact me. Yours very truly, McGhie & Betts, Inc. Joshua J. Johnson, ASLA Attachments ROCi&STER-OLMSTED PLANNING DEPAuL[NIENT ".�`?~"!..I•'.k'! tI 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 Z: ' c o " * r o F www.olmstedcounty.com/planning �— Oka TH.0 •,\UI;U�� TO: City Planning and Zoning Commission FROM: Mitzi A. Baker, Senior Planner DATE: January 4, 2006 - REVISED RE: General Development Plan #264 to be known as Prairie Crossing West, by Prairie Crossing, LLC. The application proposes development of approximately 75.63 acres of land located west of TH 52 and north of 651h Street with 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 parking. Planning Department Review. Petitioner: Prairie Crossing, LLC 1201 SW Meadowlark Court Rochester, MN 55902 Consultant: McGhie & Betts, Inc. 1648 Third Ave SE Rochester, MN 55904 Location of Property: The property is located north of 65'h Street NW and west of T.H. 52. Proposed Use: The applicant proposes to amend the Rochester Urban Service Area Land Use Plan and Rochester Zoning Map to identify approximately 75.63 acres of land located west of TH 52 and north of 65'" Street NW for "commercial' land uses and "M-1" Mixed Commercial -Industrial Zoning. The General Development Plan proposes a commercial development with a big box retail Menards store in the southern 1/3 of the development, with no specific uses identified for the balance of the site. Public roadways, including a new frontage road, and a storm water pond are identified on the Plan. Land Use Plan: There is no formal future land use plan map for area in the 25 year urban service area lying north of 65ih Street. A Land Use Plan Amendment and Zoning BUILDING CODE 507/285-8345 • GIS/ADDRESSING/MAPPING 507/285-8232 - HOUSINGIHRA 507/285-8224 PLANNING/20NING 5071285-8232 • WELUSEPTIC 507/285-B345 FAX 507/287-2275 u ml 1h, nuunurl INITwAFFIRMATIVE ACTION EMPLOYER i IPage 2 General Development Plan January 4, 2006 District Amendment are being considered concurrent with this application to designate the property for "commercial" land uses, and M-1 (Mixed Commercial - Industrial) zoning. Zoning: The property is currently zoned R-1 (Mixed Single Family). A Land Use Plan Amendment and Zoning District Amendment are being considered concurrent with this application to designate the property for "commercial" land uses, and M-1 (Mixed Commercial - Industrial) zoning. Transportation Access: Access to this development will initially be from 65" St. and the TH 52 west frontage road. A future Street interchange is planned at the intersection of 65'h and TH 52 which includes a modified future frontage road that will also provide access to the property, and which would extend to 751h Street. There are some uncertainties with regard to final right- of-way needs in this vicinity, as well as with the timing for a final approval and construction of an interchange at 651h Street NW. Sidewalks: Pedestrian facilities will be required along all public roadways, and will include a combination of concrete sidewalk and bituminous pedestrian paths. Drainage: This site has rolling terrain with several high and several low areas. The Site generally drains from west to east, with the northern portion also draining north. Detailed grading and drainage plans will also be required when the property is platted or developed. Utilities: This property is within the Northwest high Level Water System Area, which is available at the southwest corner of the property. The builders must install pressure -reducing devices near the domestic water meters as required by the MN Plumbing Code in the higher pressure areas. Watermains must be networked properly to provide adequate flows for fire protection and water quality and must be extended to adjacent properties per RPU's requirements Sanitary sewer has been extended under TH 52 near the east side of the proposed future regional stormwater pond, and will need to be extended through the site to serve the development. Wetlands: A Wetland delineation has been carried out for the property and is on file with the Planning Department. At this time impacts to wetlands, as identified on the GDP, have not been approved. If this GDP is Page 3 General Development Plan January 4, 2006 approved, it should be contingent upon approval to fill and replace the wetlands. Referral Comments: 1. Muhammad Khan, Senior Transportation Planner 2. Rochester Public Works 3. John Hanford, Wetlands LGU 4. RPU Water 5. Rochester Fire Department 6. MnDOT Report Attachments: 1. Copy of General Development Plan 2. Referral Comments 3. Proposed General Development Plan Narrative 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. Following are the criteria and staff suggested findings. 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. An amendment to the Rochester Urban Service Area Land Use Plan (RUSALUP) and Zoning District Amendment (LUPA 05-07; ZC 05-13) are being considered concurrent with this application. The GDP includes approximately 75.63 acres of land. The applicant is proposing to have the entire GDP area designated for "commercial" uses on the RUSALUP, and to zone the property M-1 (Mixed Commercial -Industrial). 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. At this time, a lot layout has not been identified "Phase 11" of the development. This detail will need to be evaluated firrther at the time of platting and site development plan proposals. Though the right-of-way widths identified on the GDP appear consistent with that identified on Official Street Map #14, they are not consistent with the adopted Long Range Transportation plan, and potentially not with the final design that will be determined through additional studies being completed in the area. Additional studies that will be completed as required by the Federal Highway Administration and MnDOT could result in the need for additional right-of-way along the north side of 65'r' Street NW or the West Frontage Road to focilitate the approval and construction of a fidl access interchange at 65i8 Street and TH 52. It appears that additional right-of-way will need to be dedicated consistent with the Long Range Transportation Plan, but wail these studies are completed, the final right-of-way needs for roadways included in, and abusing, this GDP will not be known. The Long Range Transportation Plan identifies a fixture interchange at 65rh Street and TH 52, however the timing offinal approval and construction far the interchange is not known at this time. II" Page 4 General Development Plan January 4, 2006 It does not appear that the access and circulation and street layour proposed are comparible with existing anUor permissible famre use of adjacent property as currently proposed. Driveway spacing does not meet the minimum 375' as outlined in the ROCOG Long Range Transportation Plan. As prepared by Senior Transportation Planner Muham+nad Khan: The proposed GDP, Land Use Amendment and Zoning Change included 75.63 acres of land located west of TH52 and north of 65`t' Street for "Commercial" land uses and "M- I " mixed coaunercial/industrial zoning. For the proposed darnd use and one change, the commercial and mixed commercial/industrial use nay generate roughly 29,000 daily trips, using 24% Floor Area Ratio (FAR) for both proposed uses. The total potential commercial/industrial area between 65`r' and 75ih Streets on the west side of TH 52 Streets is appraximately 250 acres. If this entire area is developed as cotnmercial/industrial type use, it will roughly generate 90,000 daily trips out of which 20,000 trips will be pass -by trips and the rest 70,000 will be the traffic generated by the fixture land use development between 65x' and 75"streets. These trips will be distributed through west frontage road and 65`x' and 75"intersections. There will be some trips distributed to mid -block westbound connection. Assuming 35% of those external trips are going towards 65n' Street, the intersection will be getting roughly 24,500 trips from the north. The remaining 65% or 45,500 will go towards 75°' Street interchange. The traffic impact of the potential commercial/industrial area will be significant on 65" and 75`h intersections with west frontage road. The other significant roadway impact of this development under the scenario of a 65" Street overpass is at the 55" Street interchange. The proposed development would add traffic to 55`' street interchange being as one of the primary access paint to7from TH52 for Commercial/Industrial type development (Menards). ROCOG previous work on 65`h interchange justification has suggested that without interchange ramps at 65"' street major construction of the 55'h street interchange will be required in terms of ramps modifications, turn lanes and east frontage road realignmentlexpansion etc. Given the significant nature of the development at the northwest quadrant of TH52 and 65" Street and potential future commercial land uses along the west frontage road, the interchange at 65" street could handle such a high potential traffic. In absence of interchange the development on the west frontage road may be limited or needed to be phased out until the 65`h Street interchange issue with MNDOT is settled. The other important issue is the Right of Way (ROW) requirements along the west frontage road between 65`h and 75`4 Streets. The Official Map 14 shows 120 feet of ROW along the western boundary of proposed GDP that is acceptable as per Street Design requirement for 4 lane urban arterial. However, we may require additional ROW for dual left turn lanes at frontage road and 65'h St intersection to handle potentially high traffic volute coming from the north side. The Official Map shows 30' ROW along the northern boundary of the proposed site which is insufficient for 4U type Street Design according to Street Design Map for Rochester Area. Tlue ROW for entire length of west frontage has to be 120' as per the ROCOG Transportation Plat and needs to be reflected in the City of Rochester Official Street Map No 14. Some ROW requirements will be applicable on the east frontage road between Overland Drive and 75`r' Street NW. The access control as per spacing guidelines included in the ROCOG Transportation Plat will be needed along both east and west frontage roads. The guidelines require i Page 5 General Development Plan January 4, 2006 nrininuun of 660' far local street spacing and 375' far drivelvay spacing (35-45 MPH) on major urban arterial (4 lane urban arterial). Criteria C. The mix of housing is consistent with adopted Land Use and Housing Plans. This proposal does not include a residential component. Criteria D. The proposed plan makes provisions for planned capital improvements and streets reflected in the City of Rochester's current 6-Year Capital Improvement Program, adopted Thoroughfare Plan, the ROCOG Long -Range Transportation Plan, Official Maps, and any other public facilities plans adopted by the City. Street system improvements required to accommodate proposed land uses and projected background traffic are compatible with the existing uses and uses shown in the adopted Land Use Plan for the subject and adjacent properties. Though the right-of-way widths identified on the GDP appear consistent with that identified on Official Street Map #14, they are not consistent with the adopted Long Range Transportation plan, and potentially not with the final design that will be determined through additional studies being completed in the area. Additional studies that will be completed as required by the Federal Highway Administration and MnDOT could result in the need for additional right-of-way along the north side of 65`h Street NW or the West Frontage Road to facilitate the approval and construction of a full access interchange at 65`' Street and TH 52. It appears their additional right-of-way will need to be dedicated consistent with the Long Range Transportation Plan, but until these studies are completed, the final right-of-way needs for roadways included in, and abutting, this GDP will not be known. The Long Range Transportation Plan identifies a future interchange at 65ih Street and TH 52, however the timing offinal approval and construction for the interchange is not known at this time. it does not appear that the access and circulation and street layout proposed are compatible with existing and/or permissible future Ilse of adjacent property as currently proposed. Driveway spacing does not meet the minimum 375' as outlined in the ROCOG Long Range Transportation Plan. The above response to Criterion B, above, is incorporated as a response to this Criterion as well. Criteria E. On and off -site public facilities are adequate, or will be adequate if the development is phased in, to serve the properties under consideration and will provide access to adjoining land in a manner that will allow development of those adjoining lands in accord with this ordinance. Street system adequacy shall be based on the street system's ability to safely accommodate trips from existing and planned land uses on the existing and proposed street system without creating safety hazards, generating auto stacking that blocks driveways or intersections, or disrupting traffic flow on any street, as identified in the traffic impact report, if required by Section 61.523(C). Capacity from improvements in the first 3 years of the 6-year CIP shall be included in the assessment of adequacy. nr `` Page 6 t General Development Plan January 4, 2006 On and off site improvements will be needed to accommodare fill build out of the proposed development. Though the right-of-way widths identified on the GDP appear consistent with that identified oil Official Street Map #14, they are not consistent with the adopted Long Range Transportation plan, ail potentially not with the final design that will be determiner( through additional studies being completed in the area. Additional studies that will be completed as required by the Federal Highway Administration and MnDOT could result in the need for additional right -of --way along flue north side of 65"' Street NW or the West Frontage Road to facilitate the approval and construction of a fidl access interchange at 65"' Street anti TH 52. It appears that additional right-of-way will need to be dedicated consistent with the Long Range Transportation Plan, but until these studies are completed, the final right-of-way needs for roadways included in, and abutting, this GDP will not be known. The Long Range Transportation Plan identifies a ftuure interchange at 65" Street and TH 52, however the timing offinal approval and construction for the interchange is not known at this time. It does not appear that the access and circulation and street layout proposed are compatible with existing and/or permissible future use of adjacent property as currently proposed. Driveway spacing does not meet the minimum 375' as outlined in the ROCOG Long Range Transportation Plan. As prepared by Senior Transportation Planner Muhammad Khan: The proposed GDP, Land Use Amendment and Zoning Change included 75.63 acres of land located west ofTH52 and north of 65r6 Street for "Commercial" land uses and "M-I " mixed commerciaUindustrial zoning. For the proposed land use and zone change, the commercial and mixed commerciaUindustrial use may generate roughly 29,000 daily trips, using 24% Floor Area Ratio (FAR) for both proposed uses. The total potential commerciaUindustrial area between 65'h and 75'h Streets on the west side of TH 52 Streets is approximately 250 acres. If this entire area is developed as cominerciaUindustrial type use, it will roughly generate 90,000 daily trips out of which 20,000 trips will be pass -by trips and the rest 70,000 will be the traffic generated by the future land use development between 65"' and 75`t' streets. These trips will be distributed through west frontage road and 65"' and 754 intersections. There will be some trips distributed to mid -block westbound connection. Assuming 35% of those external trips are going towards 65`h Street, the intersection will be getting roughly 24,500 trips from the north. The remaining 65% or 45,500 will go towards 75`h Street interchange. The traffic impact of the potential commerciaUindustrial area will be significant on 65'h and 75'h intersections with west frontage road. The other significant roadway impact of this development wader the scenario of a 65"' Street overpass is at the 55" Street interchange. The proposed development would add traffic to 55'h street interchange being as one of the primary access point to/from TH52 for Commercial/Industrial type development (Menards). ROCOG previous work on 65`h interchange justification has suggested that without interchange ramps at 65"' street major construction of //q Page 7 General Development Plan January 4, 2006 the 55" street interchange will be required in tenns of ramps modifications, non lanes and east frontage road realigunent/espansion etc. Given the significant nature of the development at the nortlovest quadrant of TH52 and 65"' Street and potential fiumire commercial land uses along the west frontage road, the interchange at 65'h street could hamlle such a high potential traffic. In absence of interchange the development on the west frontage road may be limited or needed to be phased out until the 65" Street interchange issue with MNDOT is settled. The other important issue is the Right of Way (ROW) requirements along the west frontage road between 65" and 75"' Streets. The Official Map 14 shows 120 feet of ROW along the western boundary of proposed GDP that is acceptable as per Street Design requirement for 4 lane urban arterial. However, we may require additional ROW for dual left turn lanes at frontage roar! and 65"i St intersection to handle potentially high traffic volume coming from the north side. The Official Map shows 80' ROW along the northern boundary of tine proposed site which is insufficient for 4 U type Street Design according to Street Design Map for Rochester Area. The ROW for entire length of west frontage has to be 120' as per the ROCOG Transportation Plan and needs to be reflected in the City of Rochester Official Street Map No 14. Same ROW requirements will be applicable on the east frontage road between Overland Drive and 75"i Street NW. The access control as per spacing guidelines included in the ROCOG Transportation Plan will be needed along both east and west frontage roads. The guidelines require minimum of 660' for local street spacing and 375' for driveway spacing (35-45 MPH) on major urban arterial (4 lane urban arterial). 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. This property is within the Northwest high Level Water System Area, which is available at the southwest corner of the property. The builders must install pressure -reducing devices near the domestic water meters as required by tine MN Plumbing Code in the higherpressure areas. Watermains must be networked properly to provide adequate flows for fire protection and water quality and must be extended to adjacent properties per RPU's requirements Sanitary sewer has been extended under TH 52 near the east side of the proposed fiture regional storrnwater pond, and will need to be extended through tine site to serve the development. l Page B II General Development Plan January 4, 2006 There are inadequate an and off site public facilities, specifically Saninny Server, Storm' Water Management Facilities, Pedestrian Facilities, turd Transportation facilities to accommodate the development of the entire Property. The development must be phased -in in a n+anner 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. 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 Plan should be revised to identify future pedestrian facilities along the existing and future roads. 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. This site has rolling terrain with several high and several low areas. The Site generally drains from west to east, with the northern portion also draining north. A Wetland delineation has been carried outfor this property and is on file with the Planning Department. Any approval of this GDP should be contingent upon the applicant receiving approval for a wetland replacement for wetland impacts proposed on the GDP. Detailed grading and drainage plans will also be required when the property is platted or developed. 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. N/A 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. At this time, a lot layout has not been identified "Phase 11" of the development. This detail will need to be evaluated further at the time of platting and site development plat' proposals. Though the right-of-way widths identified on the GDP appear consistent with that identified on Official Street Map #14, they are not consistent with the adopted Long Page 9 General Development Plan January 4, 2006 Range Transportation plan, and potentially not with the f nal design that will be determined thorough additional studies being completer( in the nrert. Additional studies that will be completed as required by the Federal highway Administration and AhInDOT could result in the need for additional right-of-way along file north side of 65"i Sir eet NW or the West Frontage Road to facilitate the approval and construction of a fedl access interchange at 65" Street and TH 52, It appears that additional right-of-way will need to be dedicated consistent with the Long Range Transportation Plan, but until these studies are completed, the final right-of-way needs for roadways included in, and abutting, this GDP will not be known. The Long Range Transportation Plat identifies a fiaure interchange at 65"' Street and TH 52, however the tinting offnal approval and construction for the interchange is nor known at this time. It does not appear that the access and circulation and street layout proposed are compatible with existing and/or permissible future use of adjacent property as currently proposed. Driveway spacing does not meet the minimum 375' as outlined in the ROCOG Long Range Transportation Plan. As prepared by Senior Transportation Planner Muhammad Khan: The proposed GDP, land Use Amendment and Zoning Change included 75.63 acres of land located west ofTH52 and north of 65`t' Street for "Commercial" land uses aid "M- 1 " mixed commerciallindustrial zoning. For the proposed land use and zone change, the commercial and mixed commerciaUirndustrial use may generate roughly 29,000 daily trips, using 24% Floor Area Ratio (FAR) for both proposed uses. The total potential commercial/industrial area between 65" and 75" Streets on the west side of TH 52 Streets is approximately 250 acres. If this entire area is developed as commerciallindustrial type use, it will roughly generate 90,000 daily trips out of which 20,000 trips will be pass -by trips and the rest 70,000 will be the traffic generated by the future land use development between 65'" and 75`" streets. These trips will be distributed through west frontage road and 65'6 and 75" intersections. There will be some trips distributed to mid -block westbound connection. Assuming 35% of those external trips are going towards 65'" Street, the intersection will be getting roughly 24,500 trips from the north. The remaining 65% or 45,500 will go towards 75`" Street interchange. The traffic innpact of the potential commerciallindustrial area will be significant on 65'" and 75"intersections with west frontage road. The other significant roadway impact of this development under the scenario of a 65" Street overpass is at the 55'h Street interchange. The proposed development would add traffic to 55`r' street interchange being as one of the primary access point falfrorn TH52 for Commercial/Industrial type development (Menards). ROCOG previous work on 65'" interchange justification has suggested that without interchange ramps at 65'h street major construction of the 55'" street interchange will be required in terms of ramps modifications, turn lanes and east frontage road realignmentlexpansion etc. Given ti-e significant nature of the development at the northwest quadrant ofTH52 and 65" Street and potential fitture commercial land uses along tine west frontage road, the interchange at 65`" street could handle such a high potential traffic. In absence of interchange the development on the west frontage road may be limited or needed to be phased out until the 65`' Street interchange issue with MNDOT is settled. The other important issue is the Right of Way (ROW) requirements along the west frontage road between 65d' and 75't' Streets. The Official Map 14 shows 120 feet of ROW Page 10 General Development Plan January 4, 2006 along the western boundary of proposed GDP that is acceptable as per Street Design regnirentent for 4 lane urban arterial. However, we may require additional ROtV jbr dual left nun lanes at frontage road and 65"' St intersection to handle potentially high traff c volatile coming from the north side. The Official hlap shows 80' ROW along the northern boandary of the proposed site which is insuff cient for 4 U type Street Design according to Street Design 1wap for Rochester Area. The RObV for entire length of west jrontac r has to be 120' as per the ROCOG Transportation Plan and needs to be reflected in the City of Rochester Official Street Map No 14. Same RObV requirements will be applicable on the east frontage road between Overinnd Drive and 75i' Street NVV. The access control as per spacing guidelines included it, the ROCOG Transportation Plan will be needed along both east and west frontage roads. The guidelines require ptinimurn of 660' far local street spacing and 375' for driveway spacing (35-45 MPH) on major urban arterial (4 done urban arterial). Summary & Recommendation: Land Use Plan Amendment #05-07 and Zoning District Amendment #05-13 are being considered concurrent with this GDP application. If supported, the uses proposed on the GDP would be consistent with the Land Use and Zoning. Though the right-of-way widths identified on the GDP appear consistent with that identified on Official Street Map #14, they are not consistent with the adopted Long Range Transportation plan, and potentially not with the final design that will be determined through additional studies being completed in the area. Additionally, driveway spacing does not meet the guidelines in the ROCOG Long Range Transportation Plan (i.e. the driveway located directly west of the future pond is too close to the nearest driveway to the west). Additional studies that will be completed as required by the Federal Highway Administration and MnDOT could result in the need for additional right-of-way along the north side of 651h Street NW or the West Frontage Road to facilitate the approval and construction of a full access interchange at 651h Street and TH 52. It appears that additional right-of-way will need to be dedicated consistent with the Long Range Transportation Plan, but until these studies are completed, the final right-of-way needs for roadways included in, and abutting, this GDP will not be known. The Long Range Transportation Plan identifies a future interchange at 651h Street and TH 52, however the timing of final approval and construction for the interchange is not known at this time. Due to uncertainties related to the timing of approvals and construction of a full access interchange at 65'1' StreetfTH 52; that final roadway designs and right-of-way needs will not be known until additional studies related to the 651h Street interchange are completed, combinedwith modifications needed to the General Development Plan, it is pre -mature to determine that the right-of-way needs in this immediate area are adequately addressed with the proposed GDP, or that development of the parcel as proposed could proceed prior to or without an interchange at 651h Street. An additional item is Wetland replacement. At the time of preparing this report, the City Council has not considered a replacement plan, and no approvals have been granted for impacting and replacing wetlands on this site. Any approval of the GDP would need to be contingent upon the applicant securing the required permits/approvals for impacting and replacing wetlands in order to facilitate the development as proposed. If the necessary approvals are not secured, a new General Development Plan would need to be filed. /.)-3 Page 11 General Development Plan January 4, 2006 Considering these circumstances, the following alternates for action could be considered with respect to the proposed GDP; A. Deny the General Development due to uncertainties related to the 65'h Street interchange approval and construction and uncertainty with respect to the final right-of-way facility design and width needs with OF without the interchange (if the applicant pursued development without an interchange); or B. The applicant requests tabling, waiving MS 15.99, until after the studies required by MnDOT and the Federal Highway Administration for the 651h Street Interchange justification are complete, the final right-of-way widths are known and the timing of construction of the interchange is known; or C. Approve, subject to conditions, if the applicant agrees to the recommended conditions as outlined below: 1. The applicant agrees: a. b thq additional ROW will be Long R;ange 4angportation Plan, either through dedina'(O" OF FeRervatte n"dedl 2. The applicant agrees to file a revised GDP within 10 days of the City Council action to: a. identify pedestrian facilities along all existing and future roadways including the obligation for providing a 10 foot pedestrian path along the Page 12 General Development Plan January 4, 2006 1.3 Jh frontage road and 65h St NW within a 12 foot wide pedestrian facilities easement as specified in the Development Agreement; Following completion of additional studies related to the 65h Street interchange justification with MnDOT and the Federal Highway Administration identify additional right -of -wady the—Plan—that will be reserved for an interchange at 65`h Street and 3. There are inadequate on and off site public facilities, specifically Sanitary Sewer, Storm Water Management 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. 4. A 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 rifling and replacing wetlands on this property. if the City Council does not approve a replacement plan, a new General Development Plan will need to be filed. 5. 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. C.v APPLICATION MATERIALS ,/ c;�7 RECE EIRECE D OCT 1 0 2 005 GENERAL. DEVELOPMENT PLAN PRAIRIE CROSSING WEST Location: Prairie Crossing West is located in the Northwest quadrant of 651h Street NW and Highway 52. The properties to the east and north are unplatted. The Pleasant Prairie Cemetery is adjacent to the Northeast comer of the property. Background: In the process of planning for and the development of the Prairie Crossing development on the east side of Trunk Highway 52 and north of Overland Drive NW, many improvements have been planned or already constructed. Overland Drive NW has been constructed. Once the overpass bridge is open, which is anticipated by the end of October 2005, Overland Drive NW will provide a connection from 18` Avenue NW to 65`h Street NW. The re-alignment.and design of Bandel Road NW is complete. Bandel Road is currently under construction and slated to be open for traffic by or around November 15`h, 2005. Official Street Map #14 was adopted July 14`h, 2005, by the Rochester City Council identifying future roadways and connections from 651h Street NW to 751h Street NW on both the east and west sides of Highway 52. Watermain and sanitary sewer to serve Prairie Crossing West have been installed. The watermain is located in 651h Street and was extended from Orchard Ridge Subdivision and the sanitary sewer was extended undemeath Highway 52 From Prairie Crossing. The Development Agreement that has been executed for Prairie Crossing includes this property and is referenced as Parcel `B". In accordance with the Development Agreement, the west frontage road (as designated on the General Development Plan) and the storm water pond are to be constructed with Phase I. Wetlands have been delineated and a replacement plan has been submitted and is in the process of review. The following is a written summary of the General Development Plan in accordance with Appendix B E-3. N(cGhie Cn Betts, kc, l; S a) Topographic or sot s potential problems in street, drainage, public and how these problems will be investigated limitations. R E, _IVED OCT 1 2005 ROCHESTER- A01ASTFC 'ccaRTMENT ;I conditions which in the estimation of utilities or building design and construction, Furth :r or engineered to overcome the create There are no topographic or soils conditions on this site that cannot be handled through normal engineering practices. b) Storm drainage problems, which, in the estimation of the applicant, may result in the increase of normal costs. There does not appear to be any storm drainage problems that will increase the costs of normal construction. c) Identification of potential off -site drainage problems. d • e roblems A part of this General There does not appear to be any off -site ratnag p Develop Plan includes an area reserved for a future regional storm water pond, which will be designed to the City of Rochester standards and be used for an area larger than what is proposed for this development. This pond will be constructed as apart of Phase I as was agreed to in the Development Agreement. d) Availability of utilities to serve the area under construction. Utilities are in place to serve this development. There is a utility crossing tinder Highway 52 in which sanitary sewer was installed to serve Prairie Crossing West during the constniction of the Prairie Crossing Development. Watermain has been extended along 65'h Street NW from the west to provide water service. e) Identification of possible erosion problems, which may arise in the estimation of the applicant. No erosion control problems are anticipated with this site. However, at the time of any construction, erosion control measures will be incorporated into the grading plan and final design as needed and required by the City of Rochester. f) A general statement as to the possible phasing of any development activity to occur on the property under the control of the applicant. The project will comprise of more than one phase. Phase 1 will only consist of the Menard's project as shown on the General Development Plan. At this time that is the only use being proposed on the site. 1VIcGhie � Betts, Inc. REFERRAL COMMENTS / cU MEMORANDUM TO: City Planning and Zoning Commission FROM: Muhammad Khan Senior Transportation Planner DATE: November 23, 2005 RE: GENERAL DEVELOPMENT PLAN FOR PRAIRIE CROSSING WEST (GDP # 2641 BACKGROUND The proposed development area includes 75.63 acres of land located west of TH 52 and north of 65'h Street. The development would significantly impact the local street system including the 551h Street interchange and the west frontage road between 65`h and 75 h Streets in the next few years. At the moment the following road projects are in various stages of project development or under construction in the vicinity of proposed development: Completion and opening of 65'h Street overpass in November or December of 2005. The City of Rochester is seeking approval of access to TH 52 at 65'h St to permit construction of a future interchange to replace the overpass. The City of Rochester, assisted by the Rochester Olmsted Council of Governments (ROCOG), is preparing a request for Interchan, Access Approval that would need to be approved by MNDOT before construction of an interchange could occur. This approval process will require completion of o An Arterial Street System Study to evaluate alternative system improvements to meet future traffic needs in lieu of an interchange o A freeway operational analysis study to determine whether introduction of an interchange at 65`h St will detrimentally impact the interchanges at 55`h and 75`h St o A complete Environmental Assessment to determine what impacts and mitigation need to be considered to achieve o Completion of a geometric layout plan for the preferred alternative For the purpose of this report, the traffic projections and other analysis will be based on overpass alternative at 65`h street. • The opening of the 75" Street Interchange closed Bandel Road at -grade access to TH52 on the east side of TH 52. The realignment of Bandel Road is under construction and ready to be open in near future. Similarly, construction of Overland Drive from TH52 to 18'h Avenue is expected to be complete in near future. • Official Street Map 14 was adopted to reserve right of way for future frontage roads from 65'h Street NW to 75'h Street NW on both sides of Highway 52. ROCOG adopted a Long Range Transportation Plan in July 2005 that reflects the future Eaq+ and West frontage roads between 651h and 75'h streets as future urban arterials requiring construction of 4 lane roadways. 651h Street NW is also shown as 4 lane undivided future Review of Prairie Crossing West Development (GDP # 264) 131 urban arterial in ROCOG Lc-ig Range Transportation Plan. Overland Drive between TH 52 and 18" Avenue is being constructed as a two lane urban arterial with center left turn lanes. The ROCOG Bikeway Plan identifies bike trails along all the major arterial streets including the east/west frontage roads and 651h Street. REVIEW OF THE KEY TRAFFIC ISSUES The key traffic issue that will be analyzed for purposes of this report will be the impact of the proposed Prairie Crossing development on the intersection of Bandel Road and 551h St Northwest, which under the assumption of a 65`h St overpass would need to handle a significant share of the new traffic that would be generated by the proposed development. To assess the traffic impact, staff has conducted a Level of Service Analysis (LOS) and completed Intersection Caacity Utilization (ICU) Worksheet for this intersection. Trip generation estimates are based on the 71 edition of the Trip Generation Manual prepared by the Institute of Transportation Engineers (ITE). 2003 turning movement counts are used as the base to calculate LOS and ICU. LOS is a quantitative measure of the quality of service provided by a roadway facility. Quality of service refers to a user's perception of how well a transportation service or facility operates tscale o rating satisfaction from "A" (very high quality and little or no delay) to "F" (very p q a Y very long delays). ICU identified how much reserve capacity is available or how much the intersection is overcapacity, and it can be used to predict how often an intersection will experience congestion. Traffic Generation and Level of Service Analysis Trip generation and level of service analysis were completed for three scenarios: • Development of Menards Home Improvement Center • Development of Prairie Crossing East • Development of Prairie Crossing West Trip Generation Impact of Menards The proposed GDP includes a Menards store in the northwestern quadrant of 651h Street NW and TH 52 that would generate an estimated 8,716 daily trips or 867 PM peak hour trips. For purposes of this analysis it was assumed that 434 PM peak hour trips (50% of 867 trips) would approach or depart the site on 65th St and the remaining peak hour trips would approach or depart the site from the north, using either the new 751h Street interchange or CSAH 14. The trips using o651h St were distributed to 651h westbound Of the 347 trips(% to/or from PM peak east our were assumed to ps) and eastbound (80 /o or 347 PM peak hour trips). use Bandel Road and the remaining were assumed to use Overland Drive NW. In other words, roughly 174 PM peak hour trips is the net traffic impact on the 551h Street interchange as result of the Menards NW development. Prairie Crossing East Trip Generation Impact Prairie Crossing Development on the east side of TH52 has been approved with 66 acres of B-4 commercial land use that will generate significant traffic when fully developed. A typical 24% Floor Area Ratio for 66 acres of B-4 land use would result in 690,000 sq. ft. of developable commercial area that would generate roughly 30,580 daily or 1870 PM peak hour trips. Using the same trip Review of Prairie Crossing West Development (GDP # 264) distribution assumptions (50% to/from the north, 50% to/from the south with 40% of those on Bandel Road, 40% on Overland Drive and 20% on 65" St West), an estimated 390 PM peak hour trips would arrive or depart the site via Bandel Road. This 390 PM peak hour trips would represent the net traffic impact on the 55'h Street interchange as result of the Prairie Crossing East development which has been previously approved. Prairie Crossing West Trip Generation Impact If the entire Prairie Crossing West site (75 acres) developed as a mixed commercial/industrial type land use, it would generate an estimated 35,000 daily trips, or 20100 PM peak hour trips. Again using the same trip distribution assumptions (50% north to 75 St, 50% south on 651h St with 40% of those using Bandel Road), roughly 420 PM peak hour trips would access the site via Bandel Road, which would represent the net traffic impact on the 55'h Street interchange as result of Prairie Crossing West development. It is to be noted that this development scenario would include the Menards site trips and not be in addition to the Menards trips generation impact. Table 1 below summarizes the trip generation and distribution assumptions for the three scenarios and illustrates the impact to the Level of Service at the Bandel Road / 55 St intersection as a result. The first row of the table indicates the current traffic approaching this intersection and the existing (2003) level of service Table 1: Traffic Impact of Different Development Scenarios Daily PM Net Impact Net Impact on Street 55 Street and Bandel Road Name of the Development Trips Peak on Overland Drive and 55h Interchange Intersection LOS & Hour Trips 18`h Ave (PM peak hour Intersection (PM peak trips) Delay(seconds) hour trips)LOS 2800 "E" Intersection Delay @ Existing conditions at 63.2 seconds Bandel Rd f 55m St Intersection 390 ggp LOS "F" Intersection Delay @ 66 Ares of B-4 Development 30,680 1870 110.8 seconds already approved in Prairie Crossing East 174 174 LOS "E" Intersection Delay @ Menards (193, 000 Sq. ft. 8,716 867 74.6 seconds development) LOS "F" Entire Prairie 1875 420 420 Intersection Delay @ Crossing West 35,000 147.3 seconds 75.63 Acres B41M1 Review of Prairie Crossing West Development (GDP # 264) Level of Service Analysis Results The traffic analysis indicates significant traffic impact at the Bandel Road / 55M Street intersection due to the proposed development under each development scenario assuming a 65`h Street Overpass. The PM peak hour intersection analysis using July 2003 turning movements shows that 55th Street and Bandel Road intersection is operating at an overall Level of Service (LOS) "DIE", with southbound right and eastbound left movements operating at LOS "EIF". The analysts ___A:__ ..s — A..l..,.r fh. cranrJarrt astahllshed to the Land attention wouru uc r,cs— — • -- -- Service would not be degraded b the ro osed development. Attachment "A" includes LOS analysis for different development scenarios. Table 1 shows that the intersection LOS would be degraded to "F" with intersection delay of 111 seconds (representing average vehicle delay) at the intersection of 55`h Street and Bandei Road after full development of 66 acres at B-4 intensity in Prairie Crossing East. If only Menards is developed in the Prairie Crossing West, the intersection will operate at LOS E" with 74.6 seconds delay. If the entire Prairie Crossing West is developed at B-4 type intensity, the intersection wil "l operate at LOS "F" with intersection delay of 147.3 seconds. Intersection Capacity Utilization Table 2 shows the results of the Intersection Capacity Utilization (ICU) analysis. This analysis indicates that in 2003 the intersection of Bandel Road / 55th St was approaching full utilization of its capacity (ICU 88.4%), resulting in an ICU level of Service "E". The following paragraphs describe the relevant level of service standards found in this analysis using the ICU method: LOS E, (ICU 82% to 91 %): The intersection is right on the verge of congested conditions. Many vehicles are not served on the first cycle. A cycle length of 120 seconds is required to move all traffic. Minor traffic fluctuations, accidents, and lane closures can cause significant congestion. Sub -optimal signal timings can cause significant congestion. This intersection has less than 10% reserve capacity available. LOS F, (iCU 91 % to 100%): The intersection is over capacity and likely experiences congestion periods of 15 to 60 consecutive minutes. Residual queues at the end of green are common. A cycle length over 120 seconds is required to move all traffic. Minor traffic fluctuations, accidents, and lane closures can cause increased congestion. Suboptimal signal timings can cause increased congestion. LOS G, (ICU 100% to 109%): The intersection is up to 9% over capacity and likely experiences congestion periods of 60 to 120 consecutive minutes. Long queues are common. A cycle length over 120 seconds is required to move all traffic. Motorists may be choosing alternate routes, if they exist, or making fewer trips during the peak hour. Signal timings can be used to distribute capacity to the priority movements. Review of Prairie Crossing West Development (GDP # 264) vc niffarPnt Development Scenarios Table2: IntersecuonUa [!77 y au:t WL111-1.,,1 PM Peak Hour Trips - _•• Net Impact on Overland Drive and 18'" Ave (PM peak hour trips) Net Impact on 55" Street Interchange (PM peak hour tri s 55' Street &s Bandel Road Intersection ICU 8 LOS Existing conditions 2800 ICU @ 88.4% at Bandel Rd / 55'" LOS @ E St Intersection 66 Ares of B-4 Development 30,580 1870 390 39D ILO@@.F% already approved in Prairie Crossing East ICU @90.2% Menards (193, 000 867 174 174 LOS @ E 5q.ft. 8,716 development) Entire Prairie Crossing West 35,000 1875 420 420 @ U 102.9% IC @ 75.63 Acres B4/M1 LOS.9 The ICU worksheets for different development scenarios are shown in attachment "B". Previous ROCOG work related to the issue of whether a 65'h St Interchange is justified has suggested that without interchange ramps at 65" Street major construction at the 55`h Street Interchange will be required in terms of ramp modifications, additional turn lanes for east/west traffic across the bridge, and East Frontage Road realignment/expansion. As shown in Table 1, the traffic attracted/generated by Menards in the northwest quadrant of 65 Street and TH 52 would generate additional 174 PM peak hour trips at the intersection of Bandel Road/55 Street intersection. The LOS analysis and Intersection Capacity Utilization suggests that the intersection will degrade the operation of the intersection below current conditions which are already below established targets for operating performance. Assuming the already approved 66 acres of B-4 land in Prairie Crossing East develops along with the proposed Menards, it will roughly generate 564 (390+174) PM peak hour trips that would need to be handled by the Bandel Road and 55 Street intersection. expected traffic. Review of Prairie Crossing West Development (GDP # 264) SUMMARY Given the significant nature of the development proposed in the northwestern/northeast quadrants of 65th Street and TH52 intersection involving potential high intensity commercial land uses, a number of traffic issues are discussed in this report that should be addressed before allowing any additional commercial development in the vicinity beyond the already approved 66 acres B-4 zone in Prairie Crossing East. The key question that needs to be addressed is how additional traffic at the intersection of Bandel Road and 551h Street intersection will be accommodated in absence of interchange at 651h Street. Our analysis shows that in absence of interchange at 651h Street, the development of Prairie Crossing (east & west) may need to be limited; at least until the 651h Street interchange issue with MNDOT is settled. 2. The issue of Right of Way (ROW) requirements along the West Frontage Road between 65th and 751h Streets should also be addressed prior to approval of the development plan. Official Street Map 14 shows 120 feet of ROW along the western boundary of proposed GDP, which is inline with the ROW requirements in the Long Range Transportation Plan. Official Street Map #14 shows 80' ROW along the northern boundary of the proposed site The ROCOG Long Range Transportation Plan designates the West Frontage Road as a future Major Urban Arterial with a Street Design indicated to be four lanes undivided. The ROW suggested in the Long Range Transportation Plan for this type of roadway varies depends on its projected traffic level, as follows: Swale/Ditch Curb & Gutter Right of Way for 4 Lane urban 120 feet 95 Feet arterial up to 20,000 ADT with bike path on one side Right of Way for 4 lane urban 130 feet 105 feet arterial over 20,000 ADT with bike path on one side Issues relative to right of way requirements that need to be addressed include a determination of whether the roadway along the north side of the site will be part of the West Frontage Road between 651h St and 75`h St or will in fact be a local access collector street, with the West Frontage Road ultimately being located on an alignment extending straight north along the west side of the site. The issue of land use intensity and whether a future interchange will be present at 651h St will impact the ultimate traffic level on the West Frontage Road and determine whether 130 feet is needed instead of 120 feet. 3. The access control as per spacing guidelines included in the ROCOG Transportation Plan will be needed along both east and west frontage/backage roads. The guidelines require minimum of 660' for local street spacing and 375' for driveway spacing (35-45 MPH) on major urban arterial (4 lane urban arterial). Review of Prairie Crossing West Development (GDP # 264) Rochester Minnesota Land Surveying Urban - Lund Planning Consulting - Civil Engineering Geutechnical Engineering Construction Material Testing Landscape Architecture 1648 Third Avenue S.E. Rochester, MN 55904 Tel. 507,289.3919 Fax. 507.289.7333 0 March 17, 2006 A E3 ' o c-) �^ 7m Honorable Mayor & Common Council m City of Rochester r C/o Mr. Phil Wheeler o 0 Consolidated Planning Department g - T 2122 SE Campus Drive z N `r Rochester, N 55904 M RE: Prairie Crossing West General Development Plan #264 Dear Mayor and Council Members: On Behalf of our client, Prairie Crossing, LLC, we are requesting the Council grant an extension of the length of time a General Development Plan is considered valid under Section 61.216 of the Land Development Manual from two years to five years from date of approval. This request is being made because of the uncertainty of the timing of construction of the future interchange at 65th Street NW. If you have any questions or concerns, please contact our office. Yours very truly, McGhie & Betts, Inc. Aolf k> /. , n2- William E. Tointon WET/bd cc Ms. Judy Scherr, City Clerk Mr. Stevan Kvenvold, City Administrator Mr. Jerry Nelson, Prairie Crossing Mr. Mary Prochaska, Menards e-mail. mbi@mcghiebetls.com Established 1946 REQUEST FOR COUNCIL ACTION MEETING _26 �G DATE: "^ENDA SECTION: BLIC HEARINGS- continued Item ORIGINATING DEPT: PLANNING ITEM NO. / ITEM DESCRIPTION: Final Plat #04-43 by Tom Meilander to be known as Southern PREPARED BY: Meadows. The Plat proposes to subdivide approximately 5.50 acres of land into Brent Svenby, 17 lots for single family residential development. The applicant is also requesting Senior Planner approval of a Substantial Land Alteration permit to allow for grading that exceeds 10 feet of cut or fill E n the property. The property is located along the south side Pinewood Road SE and west of 341h Avenue SE March 16, 2006 Planning Department Review: The applicant has requested that the plat be tabled to a date uncertain. Council Action Needed: 1. Table the plat indefinitely. Distribution: 1. City Administrator 2. City Attorney 3. Planning Department File 4. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, April 3, 2006 in the Council Chambers at the Rochester / Olmsted County Government Center. COUNCIL ACTION: Motion by: Second by: to: J 4 Svenby Brent From: Johnson, Josh (jjohnson@mcghiebetts.com) Sent: Thursday, March 16, 2006 8:45 AM To; Svenby Brent Cc: TOM MEILANDER (E-mail); Bond, Greg Subject: Southern Meadows Final Plat Brent, On behalf of our client, DTH Properties, we would like to request to table the final Plat for Southern Meadows indefinitely. We agree to waive the 60 day rule for approval. Due to some unforseen construction costs, we are going to look at the potential of modifying the layout to make those costs more reasonable. If you should have any questions or need any more information, please be sure to let me know. Thank you. Joshua J. Johnson, ASLA Landscape Architect McGhie & Betts, Inc. Tel: 507.289.3919 Fax: 507.289.7333 www.mcghiebetts.com REQUEST FOR COUNCIL ACTION MEETING DATE: 3/20/2006 AtJDA SECTION: Public Hearings ORIGINATING DEPT: Finance ITEM NO. J ITEM DESCRIPTION: PREPARED BY: Consenting to the City of Chatfield Issuing Health Care Facility Bonds D. Martinson on behalf of Olmsted Center for a project to be located in Rochester. The City of Chatfiled has been asked to issue conduit revenue bonds on behalf of Olmsted Medical Center. Minnesota Statutes, Section 469.153, Subdivision 3 requires that the City approve of the such tax exempt issues if the monies are to be used for a project located within the City's boundaries. Monies from the bond issue would be used to: (i) finance the completion of construction of an expansion and other improvements to the regional medical center of the Borrower located at 1650 Fourth Street S.E., Rochester, Minnesota (the "Project"), and the acquisition and installation of equipment for the Project; and (ii) pay the costs of issuing the Note. The Project will be owned by the Borrower. . The City does not participate in the issuance of these bonds, and is making no recommendation to the City of Chatfield to issue the bonds. The City would have no obligation whatsoever with respect to the bonds or the project. The City's bond counsel has reviewed the proposed resolution consenting to the issuance and has made minor amendments to further protect the City. City staff recommends consenting to the proposed financing. Council Action Requested Adoption of the prepared resolution consenting to the financing of the project for Olmsted Medical Center, Inc. • COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE 03/20/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS Public Works ITEM DESCRIPTION: PROJECT HEARING: (J7237) PREPARED BY: Alley Reconstruction in the 500 block between 9th Ave SW & 10th Ave A, Kelm SW This is a Hearing to consider the following local improverr ant project: Project: City Project No. M5-21 (J7237) Alley Reconstruction in the 500 block between 9th Ave SW & 10th Ave SW. Project Background A request was made on April 18, 2005 for reconstruction of the residential alley. The petition was signed by 7 of the 9 property owners representing 78 percent of the frontage abutting the project to be made. An informational meeting was held with the abutting property owners on November 17, 2005. 5 of the 9 property owners attended the meeting. Their support for an alley reconstruction project resulted in request for a project hearing. Estimated Project Costs Fehmary 9n 9nnn Engineer Estimate Cost Construction: 300 - Alley 54 000.00 200 - Sanitary $2,900.00 Project Cost Distribution February 20. 2006 Funding Distribution: Engineer Estimate Cost Rochester Local Funds - Alley $37 362.93 Rochester Local Funds - Sanitary Sewer $2,900.00 Special Assessments - Frontage $16 617.07 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 thc)y may be paid in full when levied. COUNCIL ACTION REQUESTED: Adopt the resolution ordering the project to be made. Attach: Petition and Feasibility Report COUNCIL ACTION: motion by: second by: REPORT ON THE FEASIBILITY OF A PROPOSED LOCAL IMPROVEMENT PROJECT FOR: RECONSTRUCT ALLEY IN 500 BLOCK BETIVEEN 9TH AVE SW &: IOTH AVE SW February 20, 2006 Honorable Mayor & Common Council City of Rochester, Minnesota A resolution proposing certain petition regi:esting the following project: Reconstruct Alley in 500 Block between 91n Ave SW & 10th Ave SW, was referred to the Public Works Department on April 18, 2005 for preparation of the Engineers Feasibility Report. The petition was signed by 7 of the 9 property owners representing 78 percent of the frontage abutting the project to be made. Feasibility Ren6rt We report the project is feasible and recommend its reconstruction. The existing concrete pavement has been overlaid with bituminous that has pealed away causing ponding of water. Reconstruction will provide a new concrete surface which will convey the stormwater meeting the desires of the abutting residential properties. The costs of this project should be paid from City local funds and assessment charges to abutting property owners Recommendations: We recommend that the project be constructed and funded in accordance with the City's Comprehensive Pavement Management Strategy (CPMS). The CPMS is an objective, cost- effective program for the preservation, rehabilitation and reconstruction of the City's infrastructure. This report and the estimated costs for the project are prepared without the benefit of field surveys, soils boring or completed plans and specifications: February 20. 2008 Engineer Estimate Cost Construction: 300 - Street $54 000.00 20D - Sanitary $2,900.00 $56,900.00 A13 FEBRUARY 15, 2006 Snecial.4ssessments—Alle Frontage: The cost of reconstruction as established by City Council Policy for the Year 2406 is $23.74 per e assessable foot of the abutting residential properties as shown in the table below: I Kateyr Reconstruction Rates 2006 frontage Total ential Zones $rft feet Cost All special assessments may be levied for a period of five years with interest charged at a rate of 5.7511, annually on the unpaid balance, or they may be paid in full when levied. Funding Distribution: The costs of this project should be paid' from City local funds and assessment charges to abutting --_.-------- properly owners - Submitted for your consideration: Russ Kelm Project Manager Approved: Richard W. Freese, PE Engineer P9PRC7JECTSll-raor.�-2;7n�;;r tDocsFcui6ilinP.:port 1;�,,�7C 144 �— FEBRUARY 15, 2006 Alley Reconstruction in the 500 block between 4thAve SW & 10thAve SW P:YrR� tIFC'IRll-rrnnr7337111e;i¢na'hi�reYFeaciniiiq• RerM 17217 fNsc — 4 — FEBRUARY 15, 2006 BUDGET AND ASSESSMENT SCHEDULE FOR CONSTRUCTION CONTRACT Pro'ect No: M5-21 Ori Date: Februa Z0, 2006 J No: 7237 Description: Reconstruct Alley in 500 Block between 9th Ave SW & 1 Oth Ave SW February ZO 2006 Engineer Estimate Cost Contract Cost Final Cost Construction: 300 - Street $54 000.00 200 - Sanitary $2,900.00 $56,900.00 February 90 9nne Funding Distribution: Engineer Estimate Cost Rochester Local Funds -Alle $37 3B2.93 Rochester Local Funds - Sanitary Sewer $2 900.00 S ecial Assessments - Frontage $16,617.07 TOTAL $56,900,00 - Distribution Percents es: CL Local Share 65.70% Ci Sanitary Share 5.10% S ecial Assessments Share 29,20% TOTAL 100.0% P:U'Rt r)F(�TC�t-!'R!),11,172'(TIlesien50nu�1i'easibility R:PAn 17237, D(K' April 8, 2005 City Clerks 2014'' Street SE, Room 135 Rochester, MN 55904 To whom it may concern, Please find enclosed a petition for Alley Reconstruction in the 500blk between 9 b Ave SW & 10t" Ave. SW. This alley is in very poor shape. It is more or less continuous potholes; both unsightly and difficult now to navigate. The petition consists of 7 stapled pages with 12 signatures representing 13 individuals from 7 of the 9 households whose properties border the blind alley between 9tb and IOth Avenue SW, Rochester, MN. Also enclosed is a copy of the letter my husband and I sent to those neighbors with property along the alley. This letter proposes that we petition for this project. As you can see there is enthusiastic support for the project. Also enclosed is a copy of the letter I received from Mr. Russel Kelm in which he outlined the appropriate process for requesting that the City of Rochester reconstruct our alley. Sincerely, 1 Herschel Carpenter Czaja 525 9`h Ave SW Rochester, MN 55902 507-285-0132 hcarpenter@mayo.edu REQUEST FOR COUNCIL ACTION MEETING DATE: r41� 03/20/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEAFINGS Public Works ZE- -7 ITEM DESCRIPTION: ASSESSMENT HEARING: (J7237) PREPARED BY: Alley Reconstruction in the 500 block between 9th Ave SW & 10th Ave /r elm SW u,.�(` This is a Hearing to consider the levying of special assessments for the following local improvement project: Project: City Project No. M5-21 (J7237) Alley Reconstruction in the 500 block between 9th Ave SW & 10th Ave SW,. Project Background A request was made on April 18, 2005 for reconstruction of the residential alley. The petition was signed by 7 of the 9 property owners representing 78 percent of the frontage abutting the project to be made. An informational meeting was held with the abutting property owners on November 17, 2005. 5 of the 9 property owners attended the meeting. Their support for an alley reconstruction project resulted in request for a project hearing. Estimated Project Costs Fphnmry 9n Irma Engineer Estimate Cost Construction: 300 - Alley 54 000.00 200 - Sanitary $2.900.00 Project Cost Distribution February 2n_ 20ne Fund in Distribution: Engineer Estimate Cost Rochester Local Funds - Alley $37 382.93 Rochester Local Funds - Sanitary Sewer 2 900.00 S eciai Assessments - Frontage $16 617.07 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: Adopt the resolution levying the proposed assessments. NOTE TO CLERK: - Adopted assessment only. Billings are not to be sent until project substantially completed. CUUNCIL ACTION: Motion REQUEST FOR COUNCIL ACTION MEETING lU DATE: 3-20-06 t" IDA SECTION: ORIGINATING DEPT: ITEM NO. r PUBLIC HEARINGS Public Works — . ITEM DESCRIPTION: Expand Residential Permit Parking Zone 6, PR PARED BY: 51h Ave SW 500 block D. Kramer This is a public hearing to consider a petition from the residents of this neighborhood to establish residential permit parking on their street. This would be an expansion of existing residential permit parking zone 6 (Edison School Area). The purpose of the zone is to control parking of vehicles by nonresidents of the area. RCO 138A.03 requires the petition to be signed by owners or occupants of at least 75% of the units. As marked on the map below, seven residential parcels abut the proposed zone, including two duplexes and two 6-plexes, for a total of 19 units. Signatures representing all 19 units (100%) are included on the petition. The petition has been reviewed to meet the requirements of RCO 138A. Notice of this hearing was mailed to residents and owners on February 27, 2006. The east side of the street is currently posted No Parking due to street width, and would remain as such. Residents on the east side of the street would be eligible for permits to park on the west side of the street. The motel parking lot and motel occupants are not eligible for permits. i171 4271 5STSW -16 512 506 430 gift w 512 4 Duo) a,pim 519 Ln Wel Park! Wtd 523 i1 507 503 427 6STSW COUNCIL ACTION REQUESTED: Add paragraph 22 to Section L, 'Residential Permit Parking", Zone 6 (Edison School Area) of the Comprehensive Traffic and Parking Resolution so as to read: 22 51h Ave SW, from 51h St SW to 6th St SW, on the west side, from 8:00 AM to 4:00 PM, Monday through Friday. COUNCIL ACTION: Motion by: Second by: to: l 150, September 21, 2005 The following property owners in the 500 block of Fifth Avenue SW request the city identify the block to be "Permit Parking Only". Address Telephone 1 " SQ41-94 .Sly 1 2/6 33y 16" ij-a Q�,n�� o�,e s1z rr� S.W 2i2 1333 -j 34 raLU 3671? c�i F r•- ALL-ANERICA CIT Y February 27, 2006 ROCHESTER ► �-� ��� 3/Za �, To: Residents and Notice is hereby Riven by persons interested in resic may be heard at a meetin< the Govemment Center,_ 1 2006. �,8 NOTICE OF COUNCIL HEARING 111Dt SCHERR. CRQC City Clerk 201 4th Ltreet SE, Room 135 Rochete r, MN 55904-3742 (7) 285-8086 FAX(507) 285-8256 ers on S`h Ave SW between 5"' St SW and 6"' St SW he Common Council of the City of Rochester, Minnesot :ntial permit parking on 5"' Ave SW between 5th St S`,V a of the Commen Council to be held in the Council/Board ;l 4th Street SE in said City at 7:00 p.m. on Monday, V, that all i 6°i St SW hambers in rch 20, The City Council will cot'sider a petition by residents and owners on this street to es ablish residential permit parking in accordance with city ordinance 138A. The request is fo permit parking from 8:00 AM to :00 PM, Monday through Friday. This would be an expa Sion of existing residential permit parking zone 6. You are invited to come and address the pity council as to vour interest in favoi or against the proposal. In a residential permit par mg zone, only vehicles with permits may be parked on th strect during the restricted hour Generally only residents of property along this zone will be able to . purchase permits. If there re employees who work at property along the zone, they will also be able to purchase permits. emporary permits (for residents' guests) are also available. Permits are issued at the City Cler 's office. If the zone is approved, si ns will be installed and the city clerk will notify you on t e procedur,: to purchase permits. The urrent cost for permits is $5.00 for the initial application, plus $5.00 per vehicle per year. For further information or if you have questions, please contact the city clerk's offic� at / 285-8086. GovtscaL M- t : Arm Gu , +9V t D l tS� t t t..k , ' 6 c A�o G� —10 I i^t D •-t1�= s-1-a;�rrz�l�t l r� J. �� �,-= per, � -re tra �z t�� J �� S��Q-1� � .1 PM SN Y�1?6fL Fi-r TZc� cz.kt P,>D-V- z3 , Ari Zyvu/Oppnr:uniro 2mrfrgr+ �JC� 5T�/l S t 5� Sow 35S• 5 i 9 i t 5G n 2 REQUEST FOR COUNCIL ACTION MEETING �51 DATE: 3/20/06 AGENDA SECTION: REPORTS RECOMMENDATIONS ORIGINATING DEPT: Public Works__._ ITEM NO. % and ! �. DESCRIPTION: Resolution Requesting MnDOT Release of Access Control PREPARED BY: / R. Freese r MnDOT under the terms and conditions of a Joint Powers Agreement executed between MnDOT and the City has acquired right-of-way for the ROC 52 project on behalf of the City. MnDOT acquired right-of- way for the construction of the 65°i Street NW overpass of TH 52. MnDOT acquired right-of-way along and adjacent to the south and east sides of the Prairie Crossing West GDP # 264. MnDOT also acquired "access control" along the south and east frontages with the exception of one private access opening on each road. MnDOT acquired this right-of-way and access control on behalf of the City. The ROC 52 Project Final Inspection and Acceptance has not occurred and therefore MnDOT has not "turned back" the 65th Street NW and the West Frontage Road right-of-way to the City. Upon completion and acceptance of the ROC 52 Project MnDOT will "turnbaek" to the City the 65ht Street NW and West Frontage Road right-of-way and access control. At the present time the private access opening on 65th Street NW available to serve the Prairie Crossing West GDP 4264 is only 75 feet wide. The GDP indicates that a public street access opening totaling 120 feet in width is necessary to adequately serve the development. An additional 45 feet of access opening for this public street is needed at this time. The City Council has scheduled Public Hearings on 3/20/06 for: ➢ Land Use Amendment #05-07 by Prairie Crossing, LLC ➢ Zoning District Amendment #05-13 By Prairie Crossing, LLC ➢ General development Plan # 264 Prairie Crossing West by Prairie Crossing, LLC Based on the City Council's approval of these land development applications the City will need to formally request that MnDOT release additional access control along 65th Street NW by a distance of 45 feet thereby increasing the public street access opening to 120 feet consistent with that shown on GDP #264. COUNCIL ACTION REQUESTED: Adopt a Resolution requesting that MnDOT release un additional 45 feet of controlled access for the platting and construction of a public street access to 65th Street NW as shown on GDP #264. vwJNCILACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 3/20/06 AGENDA SECTION: ORIGINATING DEPT: NO. RESOLUTIONS AND ORDINANCES CITY ATTORNEY'S OFFICE i_ _ _ _ DESCRIPTION: ARED BY: ETERRY RESOLUTIONS AND ORDINANCES L. ADKINS G. 1. RESOLUTIONS G. 2. FIRST READING OF ORDINANCES, as appropriate. G. 3. SECOND READING OF ORDINANCES (for adoption). a) An Ordinance Annexing To The City Of Rochester Approximately 14.28 Acres Of Land Located In A Part Of The Southeast Quarter Of Section 29, Township 107 North, Range 14 West, Olmsted County, Minnesota. Said property is located south of 19t" Street NW, west of West Circle Drive and north of DM&E tracks. b) An Ordinance Amending And Reenacting Sections 65.100, 65.110, 65.120, 65.130, 65.150, 65.160, 65.320, 65.330, 65.340, 65.360, 65.370, 65.410, 65.440, 65.500, 65.510, 65.700 And Repealing Sections 65.350, 65.400, 65.420 and 65.430 Of The Rochester Code Of Ordinances, Relating To The Nonconforming Uses In The City Of Rochester. c) An Ordinance Rezoning 14.28 Acres Of Land From The I Zoning District To The M-2 Zoning District, And Amending Ordinance No. 2785, Known As The Zoning Ordinance And Land Development Manual Of The City Of Rochester, Minnesota. Said property is located on the south side of 19t' Street NW, west of West Circle Drive, and north of DM&E tracks. G.4. MISCELLANEOUS I SICIL ACTION: Motion by: Second by: to: