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HomeMy WebLinkAbout07/17/2006_RegularCITY OF ROCHESTER COUNCIL AGENDA COUNCIL/BOARD CHAMBERS GOVERNMENT CENTER 151 4T" STREET SE MEETING NO. 18 REGULAR ADJOURNED 'PLEWIF, O'F Aulig"M O(o-1b JULY 17, 2006 7:00 P.M. +r PAGF 1-2 A) OPEN COMMENT PERIOD B) CALL TO ORDER C) LETTERS AND PETITIONS 3-4 D) CONSENT AGENDA/ORGANIZATIONAL BUSINESS 1) Approval of Minutes 5-8 2) Appointment to Committee on Urban Design and Environment 9-10 3) Professional Services Agreement with ACSG, Inc., to design and produce marketing material for air service development 11-12 4) Licenses, Bonds & Miscellaneous City Activities 13-14 5) Request to Vend Services on City Property 15-16 6) Approval of Accounts Payable 17-18 7) Construction Engineering Service Proposal: Replace Existing Lift Station #4,J7739 19-20 8) Parking Meter Changes with Reconstruction of 10 and 100 blocks of 15t Avenue SW 21-22 9) Real Estate — Sale of Fire Station Site — 1708 2nd Street SW 23-24 10) Real Estate — Sale of Excess Property at the intersection of West Circle Drive and 415f Street NW 25-26 11) Authorization to initiate and bid project: Repair Contractor Warrantee Sidewalks J-4613 27-28 12) Storm Water Facility Use & Maintenance Permit Agreement 29-30 13) Third Amended Maintenance & Ownership Declaration — Part of Wood Lake Park, Wood Lake Park First Replat, and Rochester Town Offices Condominiums CIC 247 31-32 14) Pedestrian Facilities Agreement — B&B Events Center (SDP#05-16) 33-34 15) Pedestrian Facilities Agreement — RTS Transportation & Global Resolve (SDP#06-05) 35-36 16) Pedestrian Facilities Agreement — Janet R. Tribbensee, Terrance A. Richardson & Katherine K. Richardson (M&B#06-01) Council Agenda Monday, July 17, 2006 Page 2 of 3 37-38 17) Pedestrian Facilities Agreement — Northern Valley Animal Clinic, LLC (SDP#05-54) 39-40 18) Pedestrian Facilities Agreement — Channel One, Inc (SDP#06-01) 41-42 19) Pedestrian Facilities Agreement — Aquila Inc (SDP#05-36) 43-44 20) Pedestrian Facilities Agreement — TexPar Energy, LLC (SDP#06-20) 45-46 21) Parking Changes on West Center Street for Mayo -Eisenberg Loading 47-48 22) Renew Lease with Ironwood Square/Civic South Parking Lot 49-50, _,. ?3) Award of Contract: (J9707) 191h Street NW from Ashland Drive NW to CSAH 22 (West Circle Drive) 51-52 24) Development Agreements — Canal Place Subdivision 53-54 25) Contribution Agreements — Extend Storm Sewer — Rossi Court NW to Kings Run (J-6539) 55-56 26) Service Contract: Horizon, Inc., to Provide Digital Aerial Orthophotography and 2-foot contours — Project J1963 27 Request for Project Hearing: (J9707) Widening 191h St NW from CSAH 22 (West Circle Drive) to 2,500 ft. West 28) Amend Engineering Contract for Restoration Work / Third Street & Civic Center Parking Ramps/Authorize Bids 29) Development Agreement Release — Clarification letter E) HE/ARINGS 57-66 1) Land Use Plan Amendment #06-02 by Prairie Crossing III, LLC to amend land use from low density residential to commercial 67-68 2) Zoning District Amendment #06-05 by Prairie Crossing III, LLC to rezone property from R-1 to B-4 69-88 3) General Development Plan #270 to be known as Prairie Crossing III, by Prairie Crossing III, LLC 89-116 4) Amendment to General Development Plat #248 to be known as Southern Meadows by Tom Meilander and Perry and Jodi Kronebusch 117-132 5) Land Subdivision Permit (Preliminary Plat) #04-03 known as Southern Meadows by Tom Meilander and Perry and Jodi Kronebusch 133-144 6) Final Plat #06-10 by MSD, LLC, Calli R, LLC and Ryanna, LLC to be known as Canal Place S.E. 145-160 7) Preliminary Plat #06-14 to be known as Stonebrooke Second Addition by Stonebrooke of Rochester, LLC, 161-168 8) Final Plat #06-16 by HyVee, Inc. to be known as Parkway Plaza Third Subdivision F) REPORTS AND RECOMMENDATIONS 169-170 1) Sound Amplification Requests 171-174 2) Moratorium on Transitional Homes for Offenders Council Agenda Monday, July 17, 2006 Page 3 of 3 175-178 3) Request to Reconsider Substantial Land Alteration for Willow Heights 5t' Subdivision 4) Contribution Agreement — Storm Sewer Improvements under 40t' Street S.W. 5) City Release from Claims & Liability for Work within St. Bridget Road right -of -Way G) RESOLUTIONS AND ORDINANCES 179-180 H) TABLED ITEMS 1) OTHER BUSINESS J) ADJOURNMENT REQUEST FOR COUNCIL ACTION MEETING i DATE: 7/17/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. OPEN COMMENT PERIOD CITY ADMINISTRATOR A ITEM DESCRIPTION: OPEN COMMENT PERIOD PREPARED BY: S.KVENVOLD This agenda section is primarily for the purpose of allowing citizens to address the City Council on a topic of their choice. The following guidelines apply: • This section of the agenda may not be used as a forum to continue discussion on an agenda item which has already been held as a public hearing. • This agenda section is limited to 15 minutes and each speaker is limited to 4 minutes. • Any speakers not having the opportunity to be heard will be first to present at the next Council meeting. • Citizens may only use this forum to address the Council on a maximum of one time per month. • Matters currently under negotiation, litigation or related to personnel will not be discussed in this forum. • Questions posed by a speaker will generally be responded to in writing. VOUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 7/17/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY ADMINISTRATOR D-1-26 2M 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) Appointment to Committee on Urban Design and Environment 3) Professional Services Agreement with ACSG, Inc., to design and produce marketing material for air service development 4) Licenses, Bonds & Miscellaneous City Activities 5) Request to Vend Services on City Property 6) Approval of Accounts Payable 7) Construction Engineering Service Proposal: Replace Existing Lift Station #4, J7739 8) Parking Meter Changes with Reconstruction of 10 and 100 blocks of 1st Avenue SW 9) Real Estate — Sale of Fire Station Site — 1708 2"d Street SW 10) Real Estate — Sale of Excess Property at the intersection of West Circle Drive and 41 st Street NW 11) Authorization to initiate and bid project: Repair Contractor Warrantee Sidewalks J-4613 12) Storm Water Facility Use & Maintenance Permit Agreement 13) Third Amended Maintenance & Ownership Declaration — Part of Wood Lake Park, Wood Lake Park First Replat, and Rochester Town Offices Condominiums CIC 247 14) Pedestrian Facilities Agreement — B&B Events Center (SDP#05-16) 15) Pedestrian Facilities Agreement — RTS Transportation & Global Resolve (SDP#06-05) 16) Pedestrian Facilities Agreement — Janet R. Tribbensee, Terrance A. Richardson & Katherine K. Richardson (M&B#06-01) 17) Pedestrian Facilities Agreement — Northern Valley Animal Clinic, LLC (SDP#05- 54) 18) Pedestrian Facilities Agreement — Channel One, Inc (SDP#06-01) 19) Pedestrian Facilities Agreement —Aquila Inc (SDP#05-36) 20) Pedestrian Facilities Agreement — TexPar Energy, LLC (SDP#06-20) COUNCIL ACTION: Motion by: Second by: to: A Page 2 July 17, 2006 21) 22) 23) 24) 25) 26) Parking Changes on West Center Street for Mayo -Eisenberg Loading Renew Lease with Ironwood Square/Civic South Parking Lot Award of Contract: (J9707) 19th Street NW from Ashland Drive NW to CSAH 22 (West Circle Drive) Development Agreements — Canal Contribution Agreements — Extend (J-6539) Service Contract: Horizon, Inc., to foot contours — Project J1963 COUNCIL ACTION REQUESTED: Motion to approve consent agenda items Place Subdivision Storm Sewer — Rossi Court NW to Kings Run Provide Digital Aerial Orthophotography and 2- REQUEST FOR COUNCIL ACTION MEETING DATE: 7/17/06 AGENDA SECTION: ORIGINATING DEPT: I ` ITEM NO� � . Organizational Business Mayor's Office ) ITEM DESCRIPTION: Appointment to Committee on Urban Design and Environment PREPARED BY: (CUDE) I Mayor Brede I hereby submit for your approval the following appointment to: Committee on Urban Design and Enviroment (CUDE) Pauline Walle - will fill the unexpired term of Sister Marlys Jax. Her term will expire Aprfl, 2009. 2921 N Valley DR NE #4 M PERSONAL INFORMATION L LC / Ward S f _Dk /uE_-'7 Zip Code 5 5 2:0,�R Phone (H) Sn:7 (B) (FAX) E-mail PL,6 &_ Lo - /-� How long have you been a resident of Rochester? LM cam- / q 6 7-- Are you or any of your family members presently employed by the City of Rochester or serving on any of the City's advisory boards? Yes_ No V If yes, explain: t7,YtKItIVVC ANLJ CIJU4l9I MI Name of Employer: Occupation: a zi o See i�cri etc a2 L:t4llcr 1 lei Education: - -`��� S e tyService/Activities: �� Commun G6 wu.-� � Ll Fe P� /S �d1 — iL SPicti-e=en �� JLw a`- t , ldr� (uj /sue A4,f�uT Please list major responsibilities that you have had or currently have in a community project or organiz tion orJJ,n yourgupatio � D J Please indicate why you are interested in being appointed to an advisory board, and why you feel you are qualified to serve on the advisory board s) previously indicated. . ` 7'x4 �� 7 l o i What do you believe you could contribute if appointed to an advisory board? Cy Qos? - 7? u ti How do you believe you would benefit if appointed to a Board or I am NOT available for Board/Commission meetings on the following days / evenings (circle): Monday Tuesday Wednesday Thursday Friday CONFLICT OF INTEREST 0 Conflict of interest may arise by the participation in any activity, recommended action, or decision from which you receive or could potentially receive direct or indirect personal financial gain, or other personal interest. A conflict of interest may also occur if you hold a private or other public position in addition to your City advisory board which may interfere with your discharge of your City responsibilities. In accordance with these definitions, do you have any legal or equitable interest in any business, however organized, which in the course of your participation in a City advisory board, could give rise to a conflict of interest? Yes_ No ✓ If yes, please provide details on a separate sheet of paper. Do you own any real property located in Rochester, other than your residence, in which you have a legal or equitable interest which, in the course of your participation in a City advisory board, could give rise to a conflict of interest? Yes _ No 1� If yes, please provide details on a separate sheet of paper. As a Board, Commission or Committee member, what issue(s) might cause conflict between civic responsibility and peygonal/professional interests? As required by City ordinance, if appointed to a City advisory board, you must complete a disclosure statement and file it with the City Clerk. You may attach a resume if you desire. The selection process will vary according to the number of applicants and vacancies, and may not include interviews with all candidates. Thank you for your interest in serving on an advisory board for the City of Rochester. Date vk (/Ud Signature REQUEST FOR COUNCIL ACTION MEETING a' DATE: 07/17/06 AGENDA SECTION: Consent ORIGINATING DEPT: Rochester International Airport ITEM S _� ITEM DESCRIPTION: Professional Services Agreement with ACSG, Inc. to design and PREPARED BY, produce marketing material for air service development. Steven W. Legve The Rochester Airport Commission recommends and requests Council authorization to: Enter into a Professional Services Agreement with ACSG, Inc. to design and produce marketing material for air service development at the Rochester International Airport. The not -to -exceed cost for these services will be $4,950.00. State Agreement #86581 Funding: 70% State (Air Service Promotion Grant) 30% Local COUNCIL ACTION REQUESTED: Resolution authorizing the Mayor and the City Clerk execute the Professional Services Agreement with ACSG, Inc. COUNCIL ACTION: Motion by: second by: to CONSENT AGENDA REQUEST FOR COUNCIL ACTION CITY CLERK ITEM DESCRIPTION: LICENSES, BONDS & MISCELLANEOUS CITY ACTIVITIES MEETING l` DATE: 07/17/06 BETHAM GERBER The following licenses, bonds and miscellaneous activities are submitted for the Council's approvals or disapprovals. All are pending departmental approvals, the required insurance, bonds, fees and all outstanding debts with the City of Rochester. MISCELLANEOUS Harvest Classic 19a' Annual 1 OK Race 421 14d' Avenue SW Rochester, MN 55902 Race Starts at Silver Lake Pavillion 09/02/06 8:30 AM to 12:00 PM New Horizon Services Rock Show (Toys for Tots) Mickey's Irish Saloon Civic Center Drive Rochester, MN 55902 09/16/06 4:00 PM to 10:00 PM NATIONAL NIGHT OUT APPLICATIONS August 1st Janet Delaney 934 9`b Avenue SE Rochester, MN 55904 5:00 PM to 10:00 PM Steven Briggs 1427 Damon Court SE Rochester, MN 55904 6:00 PM to 8:00 PM Gina Whitney 5957 Redbud Lane NW Rochester, MN 55901 6:00 PM to 8:00 PM Amy Blenker 1234 7`b Avenue SE Rochester, MN 55904 6:00 to 8:00 PM COUNCIL ACTION: motion bv: second by: to: �� LICENSE, BONDS AND MISCELLANEOUS CITY ACTIVITIES PAGE 2 JULY 17TH, 2006 SINGLE GAMBLING Bluffland Whitetails Association 5850 20`h Street SE Rochester, MN 55904 ELKS Lodge gambling location 09/30/06 Mazeppa Area Jaycees 247 Woodlake Drive Rochester, MN 55906 Whistle Binkie's Raffle 08/26/06 COUNCIL ACTION REQUESTED A motion to approve the above licenses, bonds, and miscellaneous city activities. REQUEST FOR COUNCIL ACTION MEETING ` 3 DATE: 7/17/06 AGENDA SEG I IUN: Consent Agenda City Clerk ITEM DESCRIPTION: Request to Vend Services on City Property -S Judy Scherr A letter was received from Lee Hilgendorf requesting permission to use City property (sidewalks, Peace Plaza, etc.) to perform business doing seated chair massage as a street vendor. Mr. Hilgendorf would operate approximately two to three days a week, over the noon hour, to bring relaxation massage to residents and visitors to the downtown area. The City currently allows vending in the Peace Plaza through a licensing process but only for vendors with food carts. COUNCIL ACTION REQUESTED A motion to approve or disapprove Lee Hilgendorf s request to provide seated chair massage as a street vendor on City property. COUNCIL ACTION: Motion by: seeond by: to: r. \k Lee Hilgendorf, C.M.T. 94217th Street SE Rochester, MN 55904 (507) 529-5618 July io, 2oo6 City Council City of Rochester Rochester, Minnesota I am interested in doing seated chair massage in Rochester as a street vendor. When I went to the City Clerk's office for information, I found out that there was no precedent for this and was then informed that I needed to write a letter to the City Council to gain approval. At this time, my goal as a street vendor would be to bring relaxation massage to residents and visitors to Rochester in the downtown area. My intent would be to operate approximately two to three days a week, over the noon hour, in places such as the Peace Plaza. Since I will be charging for this service, I would like to know what restrictions and/or fees may apply, if any. I am a certified massage therapist and registered with the Rochester City Clerk. I work part-time at Healing Massage Health Center, Rochester, and am also a part- time instructor of massage at Minnesota School of Business, Rochester campus. Since graduating from the Minneapolis School of Massage & Body Work in 1996, I have provided massage services for the Rochester Honkers and the Minnesota Chill as well as R.A.D.A.R. and the American Cancer Society Relay for Life. I would appreciate your sincere consideration into my request for approval as a chair massage street vendor. Sincerely, Lee Hil ndorf REQUEST FOR COUNCIL ACTION MEETING DATE: 7/17/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda City Clerk f ITEM DESCRIPTION: Request to Vend Services on City Property - REVISED RCA PREPAREJudy EBr Sche A letter was received from Lee Hilgendorf requesting permission to use the Peace Plaza to perform his business of doing seated chair therapeutic massage during the lunch hour. Mr. Hilgendorf would operate Monday through Wednesday and Friday from 11:00 AM to 1:30 PM from July 19, 2006 until October 1, 2006. He would not operate on Thursday so as to not disrupt the Downtown Farmers Market events. Mr. Hilgendorf is a registered Massage Therapist with the City of Rochester and has provided massage therapist services for many area profit and non-profit agencies. He is currently a part- time instructor at the Minnesota School of Business. His intent is to bring relaxation massage to residents and visitors to Rochester in the downtown area. The City Attorney has recommended that if the Council grants permission to Mr. Hilgendorf, a revocable permit should be issued restricting the business to the Peace Plaza, COUNCIL ACTION REOUESTED A motion to approve or disapprove the issuance of a Revocable Permit to Lee Hilgendorf to conduct a seated chair therapeutic massage business at the Peace Plaza from 11:00 AM to 1:30 PM on Monday through Wednesday and Friday from July 19 through October lst, 2006. y� L.OUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 7/17/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda Finance Department p _ l rj ITEM DESCRIPTION: Approval of Accounts Payable PREPARED BY: Dale Martinson Respectfully request a motion to approve the following cash disbursements: Investment purchases of 0.00 Accounts payable of $7,162,672.04 Total disbursements $7,162,672.04 (Detailed listing of disbursements submitted separately.) COUNCIL ACTION: Motion by: second by: to: ENDA SECTION: CONSENT AGENDA REQUEST FOR COUNCIL ACTION MEETING DATE: 7/1 /06 ORIGINATING DEPT: I ITEM NO. Public Works �IN— ITEM DESCRIPTION: Construction Engineering Service Proposal: Replace Existing Lift PREPARED BY: Station #4, J7739 I nd/i J. Loehr i; This is a proposal from Howard R. Green & Company to provide Construction Engineering Services for the following local improvement project: Protect No. M4-59,7739 "Construct Temporary Lift Station and Forcemain to Replace Existing Lift Station No. 4." Howard R. Green & Company was the City consulting engineer for the design of the project. HR Green is capable of providing the desired level of Construction Engineering Services necessary to construct a successful sanitary sewer lift station project. The Department of Public Works recommends that FIR Green be retained to provide Construction Engineering Services for the project. Compensation is proposed at the actual cost and expense fee structure with an amount not to exceed $192,430. COUNCIL ACTION REQUESTED: 1. Adopt a resolution authorizing the execution of Construction Engineering Service Agreement with HR Green to provide construction services for project J7739. Attachments: FIR Green Construction Engineering Service Proposal COUNCIL ACTION: Motion by: Second by: to REQUEST FOR COUNCIL ACTION MEETING 0�7-1-7- 6 DATE: AGENDA CONSENT AGENDA ORIGINATING DEPT: ITEM NO. PUBLIC WORKS I p 5 2M PARKING METER CHANGES WITH RECONSTRUCTION OF I PREPARED BY: 10 AND 100 BLOCKS OF 1ST AVE SW A KNAUER V Construction will soon begin on the rebuilding of 1st Avenue SW between Center and 2nd Street. The new design provides for angle parking on the west side in the 10 block and on the east side in the 100 block. Staff has met with Kahler Hotel in the 10 block and the businesses in 100 block plus US Bank and First Avenue Suites. A meter and loading zone plan was developed based on this input. The number of spaces in the corridor based on the plan will increase from 10 to 35 meters and from 8 to 10 passenger/ commodity loading spaces. In the 10 block it is proposed to provide seventeen 90 minute parking spaces with two 15 minute passenger/ commodity loading spaces at each end of the block. The parallel 30 minute truck loading on the east side serving Wells Fargo will remain. A parallel 15 minute passenger/ commodity loading space on the south side of Center Street along Victoria's restaurant will also be established. In the 100 block the west side fronting the Marriott and US Bank will be signed as parallel 15 minute passenger/ commodity loading. On the east side fronting the retail shops it is proposed to install starting from O & B Shoes going south; one Reserved Police parking, one 15 minute passenger/ commodity loading, two 30 minute meters, twelve 90 minute meters and four 30 minute meters. REQUESTED COUNCIL ACTION Adopt the prepared resolution amending the "Comprehensive Parking and Traffic Resolutions Book" per the following description. 1. Add to Section A - Angle Parking to read; 1 st Ave SW on the west side from Center Street to 15t Street" "1st Avenue SW on the east side from 1 st Street to 2"d Street" 2. Amend paragraph 14.5 Section I, Zone C —30 Minute Meters so as to read as follows; "1st Avenue SW in the 100 block on the east side space numbers 70-50 through 70-53 and 70- 66 and 70-67." 3. Add paragraph 10.2 Section I, Zone E-90 Minute Meters to read as follows; "1st Avenue SW in the 10 block on the west side space numbers 61-01 through 61-17." COUNCIL ACTION: Motion by: to: Second by: 1P RCA CONTINUED- PARKING METER CHANGES ALONG 1ST AVENUE SW IN THE 10 AND 100 BLOCKS 4. Add paragraph 1.3 Section J, Passenger and Commodity Loading to read as follows; "ist Avenue SW in the 10 block on the west side —one space at each end of the block spaces 61-0 and 61- 18 for 15 minutes." "1st Avenue SW in the 100 block on the west side between list Street and 2nd Street for 15 minutes" "1st Avenue SW in the 100 block on the east side in front of the 100 1 st Avenue Building space 70-68 for 15 minutes." 5. Add paragraph 2.2 Section C Zone A General to read as follows; "1 st Avenue SW 100 block on the east side space 70-69 Police Only" 6. Add paragraph 1.25 Section J, Passenger and Commodity Loading to read as follows; 'West Center in the 100 block on the south side for a space of 25' beginning approximately 30' west of the 15t Avenue — 15 minutes" 7. Delete paragraph 3.6 of Section J, Passenger and Commodity Loading referring to passenger/ commodity loading in the 10 block of 1 st Avenue SW 8. Delete paragraphs 12 and 14.5 of Section I. Zone C-30 minute parking pertaining to the west and east sides respectively of 1st Avenue SW in the 100 block. REQUEST FOR COUNCIL ACTION MEETIN : DATE DATE: 7/17/06 GENDA SECTION: AGENDA ITEM DESCRIPTION: Real Estate — ORIGINATING DEPT: I ITEM Public Works — 1708 2nu Street SW ( 0PRFPARED BY: M. Ni9bur1-4;n The City of Rochester City Council approved the process for the sale of various City -owned properties. A sealed bid process was utilized on June 28, 2006 for the sale of the old fire station located at 1708 2"d Street NW (the East 99 feet of the North 199.5 feet of the Northwest Quarter of Section 3, Township 106, Range 14, Olmsted County, Minnesota. The apparent high bidder is Construction Collaborative with a bid of $312,000.00. Construction Collaborative executed the necessary documents and provided a certified check to the City in the amount of 5% of the bid amount ($15,600.00) to meet the requirements set forth for the bidding process. Construction Collaborative has signed a Purchase Agreement. The following unique items apply to the conveyance of the property: The following uses, as defined in the Land Development Manual, shall be allowed: o Office Uses o Transient Accommodations (hotel) o Standard Restaurant o Retail Trade o Drinking and Entertainment o Any combination of the above. Additionally, the following specific items are prohibited: o No billboards are allowed on the property o No adult entertainment establishments are allowed on the property Buyer is responsible for all closing/transfer costs for the conveyance of the property. Buyer will proceed through a site development plan process within six months of closing on the property for the intended use of the property. Buyer acknowledges that it shall be solely responsible for all development/redevelopment fees, charges and permits associated with Buyer's use and development of the property Also, State law requires planning agency review and a written report on all city disposals of interests in public property unless the governing body determines, by resolution adopted by two-thirds vote, that the proposed acquisition or disposal of real property has no relationship to the comprehensive municipal plan. The acquisition or disposal of real property recommended in this RCA has no relationship to the City's comprehensive municipal plan. COUNCIL ACTION REQUESTED: Accept the bid of $312,000.00 by Construction Collaborative for the sale of the old fire station located at 1708 2"d Street SW. 2. Authorize the Mayor and City Clerk to execute the Purchase Agreement with Construction Collaborative and the limited warranty deed for transfer of the property. 3. Adopt, by a two-thirds vote, a second resolution finding that the proposed disposal of real property has no relationship to the comprehensive municipal plan. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETIN : DATE DATE: 7/1 06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. �_ 1 CONSENT AGENDA Public Works i i EM DESCRIPTION: Real Estate — Sale of Excess Property at the intersection of PR PARED BY: West Circle Drive and 415t Street NW M. Nigbur� The City of Rochester City Council approved the process for the sale of various City -owned properties. Staff marketed the property and subsequently received an offer in the amount of $475,000.00 by Badger Development LLC (Buyer) less sales commission of $15,000 for the purchase the approximate 4.2-acre site the City has for sale just west of the intersection of West Circle Drive and 41s` Street NW. The Buyer has provided a certified check to the City in the amount of 5% ($23,750.00) as earnest money. The Buyer has signed a Purchase Agreement. The following unique items are the obligation of the buyer as part of the sale: • Buyer acknowledges that access to the property is from 4151 Street NW/Badger Hills Drive NW (anticipated for construction within t 2 years) and from the future Superior Drive NW to be constructed by Buyer. Specific driveway access will be from Superior Drive NW. • Buyer acknowledges that it shall be solely responsible for all development/redevelopment fees, charges and permits associated with Buyer's use and development of the Property including but not limited to Transportation Improvement District, Sewer Availability Charge, Water availability Charge, Storm Water Management Charge and sewer/watermain frontage charges.. • Buyer acknowledges that they will have additional obligations for the Property including but not limited to: o Design and construction of Superior Drive NW, from 41" Street NW/Badger Hills Drive NW to the north property line o Design and construction of public utility extension, form 41" Street NW/Badger Hills Drive NW to the north property line o Platting and other zoning requirements Also, State law requires planning agency review and a written report on all city acquisitions or disposals of interests in public property unless the governing body determines, by resolution adopted by two-thirds vote, that the proposed acquisition or disposal of real property has no relationship to the comprehensive municipal plan. The acquisition or disposal of real property recommended in this RCA has no relationship to the City's comprehensive municipal plan. COUNCIL ACTION REQUESTED: 1. Accept the bid of $475,000.00 made by Badger Development LLC for the purchase of the 4.2-acre site the City has for sale just west of the intersection of West Circle Drive and 41" Street NW.. 2. Authorize the Mayor and City Clerk to execute the Purchase Agreement with Badger Development and the limited warranty deed for transfer of the property. 3. Adopt, by a two-thirds vote, a second resolution finding that the proposed disposal of real property has no relationship to the comprehensive municipal plan. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 07/17/06 3ENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works Z�-- I ITEM DESCRIPTION: Authorization to Initiate and Bid Project: PREPARED BY: Repair Contractor Warrantee Sidewalks J4613 J. Wellner Proiect Background Each year concrete contractors are licensed by the city to construct public sidewalks within the city as set forth in Rochester Code of Ordinances Chapter 70. These contractors are obligated to complete the construction in accordance with city standards which includes a 2-year warrantee. Each year the Public Works Department reviews the sidewalks constructed during the pervious year. All defects are noted and the contractors' are notified to make repairs under the warrantee. If the contractor fails to make the repairs within the next construction season, a second notice is sent to the contractors. Many of the contractors do make the repairs noted; however, some contractors fail to complete the repairs even after the second notice. On June 27, 2006 these contractors were sent a follow-up letter giving them another opportunity to contact staff and provide a schedule for making the needed repairs. Many of these contractors did take the opportunity to contact Public Works and discuss the repairs that had not been completed. The list attached is a list of the contractors that did not contact Public Works and warrantee repairs that have not been completed by these contractors. Please note that the construction seasons for which the initial construction is 2000, 2001, and 2002. The contractors have had adequate time to schedule the repair work. Staff believes that since adequate time has past and since the contractors have had significant opportunities to make the repairs, the city should prepare a contract for public bidding that will make the repairs; the cost of each repair then to be billed to the contractor responsible for the construction of the original sidewalk. Should the contractor fail to honor the warrantee obligation and pay the cost to now be incurred by the city, the city should consider revocation of the contractor license. It is the policy to deny licensing to contractors that have outstanding financial obligations to the city. Project Recommendation: Staff recommends the City Council instruct Public Works to prepare plans and specifications for the repair of the sidewalk segments in the attached list and that the cost of the repairs be billed to the contractors who constructed the sidewalk. COUNCIL ACTION REQUESTED: Adopt a resolution instructing Public Works to prepare the requires plan and specification and advertise for bids for the Repair of Warrantee Sidewalks (J4613). :OUNCIL ACTION: Motion by: Second by: to: Address Year Contractor Defect 2215 Rocky Creek Dr NE 2002 Ballstadt Masonry Cracked approach 296 Wimbledon Hills Dr SW 2002 Bisping Construction Cracked sidewalk panel 4.7'x5.0'x6" 344 Eagle Nest Ln SW 2002 Bisping Construction No contraction joints in approach 4758 White Pine Dr NW 2002 Bisping Construction Curb box buried under sidewalk 4300 Manor Park Dr NW 2002 Fogarty Concrete, Inc. Sidewalk settled over trench 2532 Boulder Ridge Dr NW 2002 Hound Concrete Cracked sidewalk panel 4.9'x5.0'x6" 2853 Tomah PI NW 2002 Hound Concrete Cracked sidewalk panel 1.0'x5.0'x6" 2853 Tomah PI NW 2002 Hound Concrete Cracked sidewalk panel 4.0'x5.0'x4" 6180 Mallard Dr NW 2002 Hound Concrete 7.2 ft cracked curb & gutter 1536 4 Ave NE 2002 Krahncrete, Inc Cracked approach and Curb & gutter, no joints 2810 15th Street SE 2000 McCann Concrete Compam Approach surface spalling 504 7 Street NW 2002 McCann Concrete Compam Cracked sidewalk panel 4.7'x5.33'x6 5450 Royal PI NW 2002 McCann Concrete Compam Adjust gate valve box to fit sidewalk 4635 White Pine PI NW 2002 Pressnall Concrete Cracked sidewalk panel 5.2'x4.0'x4" 2123 Century Hills Ct NE 2002 Schwartz Construction 26ft of spalling 2143 Century Hills Ct NE 2002 Schwartz Construction 70ft of spalling 2149 Century Hills Ct NE 2002 Schwartz Construction 70ft of spalling 2171 Century Hills Ct NE 2002 Schwartz Construction 74ft of spalling 2904 Bandel Dr NW 2002 Schwartz Construction Cracked approach panel 2976 Bandel Dr NW 2002 Schwartz Construction Cracked sidewalk panel 5.4'x5.0'x4" 1005 23rd Avenue SW. 2000 Schwartz Construction Spalling approach 1019 Double Eagle Ave. SE. 2000 Schwartz Construction Spalling sidewalk 4965 Gem Lane NW. 2000 Schwartz Construction Marked sidewalk (5.0'xl5.0'x6", 5.0'xl0.0'x4") 872 East Village Circle SE. 2000 Schwartz Construction Spalling sidewalk 2198 Jade Ln NE 2002 T.S. Concrete Cracked sidewalk panel 4.9'x5.0'x4" 2965 Oakview Dr NE 2002 T.S. Concrete Tripper at property line with house 2981 7392 Airport View Dr SW 2002 Tory Keefe Construction Cracked approach panel 77 Woodlake Drive SE. 2000 Universal Concrete Cracked & uneven sidewalk 5.0'x11.0'x7" 2863 Oshkosh Ln NW 2002 Universal Concrete Approach panels cracked 2863 Oshkosh Ln NW 2002 Universal Concrete Cracked swlk. panels 5'x4'x6"&5'x4'x4" REQUEST FOR COUNCIL ACTION MEETING ti1 l DATE: 7/17/06 1GENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D— 1 :) - ITEM DESCRIPTION: STORM WATER FACILITY USE & MAINTENANCE PERMIT PREPARED BY: AGREEMENT 1;/ M. Nigbur�'j R & M Development, Inc. (Developer) is the Developer of land to be developed as Scenic Oaks 6"' Subdivision. Developer has requested that the City allow Developer to use a public conveyance storm sewer system and storm water management facility owned and maintained by the City for construction erosion and sediment control related to the development of a portion of the Scenic Oaks 6`b Subdivision. The City has prepared an Storm Water Facility Use & Maintenance Permit Agreement outlining the terms and conditions for usage of said storm management facility by the Developer. They are as follows: • City will allow Developer to utilize the Storm Sewer System and Storm Water Management Facility described above, for construction erosion and sediment control related to the development of the portion of Scenic Oaks 6 h Subdivision that drain through said system and into the storm water facility, subject to the terms contained herein, and during the term beginning September, 1, 2005 and ending June 30, 2008. • Developer will maintain, at its own expense, storm water detention facilities, and associated appurtenances during its use of said SWM Facility. Specifically, Developer will provide the following: • Inspect the SWM Facility after every rainfall event exceeding the 1-year rainfall event and monthly, between the months of April and November, for determination of sediment loading within and/or erosion of the SWM Facility. • SWM Facility will be maintained fully functional pursuant to the original design of the SWM Facility. • In no event shall the capacity of the SWM Facility be reduced more than 50% of the sediment designed volume capacity. • Developer agrees, 30 days prior to expiration of said term, to: • Coordinate, with the City, an inspection of the SWM Facility. • Subsequent to the inspection of said facility, Developer shall provide modifications noted in the inspection report to correct deficiencies to bring the facility into compliance with the original design AND provide the City a cash deposit as a clean out charge for each undeveloped lot remaining at the time of permit expiration. Said deposit shall be based the soil types and the actual or potential amount of disturbed areas for each remaining lot. • Alternatively, Developer may provide the City a cash deposit for final SWM Facility restoration and cleanout including the cleanout responsibility for those areas that would remain undeveloped after expiration of said permit. Payment shall be based on the soil types, the amount of disturbed area, number of lots remaining to be constructed upon and the estimated cost for final compliance activities. The Developer must also provide a performance bond and maintain liability insurance. The agreement includes the standard hold harmless language. The Developer has executed the Storm Water Facility Use & Maintenance Permit Agreement COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing R & M Development, Inc. to use the City's storm water detention facility per the terms of the subject agreement. Also, authorize the Mayor and City Clerk to execute the subject COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 7/17106 kGENDA SECTION: ORIGINATING DEPT: I ITEM NO. CONSENT AGENDA Public Works k, ITEM DESCRIPTION: Third Amended Maintenance & Ownership Declaration — PRrEPARED BY: ICf Part of Wood Lake Park, Wood Lake Park First Replat, and M. Baker Rochester Town Offices Condominiums CIC 247 Staff would offer the following Third Amended and Restated Maintenance & Ownership Declaration for consideration by the Council: Wood Land Enterprises of Rochester, Inc., Owen-Blohm Properties, LLC, Irie LLC, Rochester Clinic Partners LLC, Rochester Town Offices LLC, Changsoon Park & Hyun Jung Lee, and F & D Holding Company LLC, collectively are the Owners of real property on file and of record in the office of the County Recorder, Olmsted County, Minnesota, described as: Lots 2 & 3, Block 2, and Outlot'A', Wood Lake Park Second Subdivision, all of Wood Lake Park First Replat, and all of Rochester Town Offices Condominiums, Common Interest Community Number 247. To meet conditions of approval related to Council Resolution No. 564-05, overturning the decision of the Rochester Zoning Board of Appeals in regard to Appeal #05-04 (November 7, 2005), the Owners have requested approval of Third Amended and restated Maintenance & Ownership Declaration to address their obligations regarding future ownership and maintenance of a private pond feature on a portion of the collective property. Staff agrees that execution of said Third Amended Declaration is to the mutual benefit of the Owners and City, and abutting property owners. Said Declaration has been drafted by the City and executed by the Owners. COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the Third Amended and Restated Maintenance & Ownership Declaration with Wood Land Enterprises of Rochester, Inc., Owen-Blohm Properties, LLC, Irie LLC, Rochester Clinic Partners LLC, Rochester Town Offices LLC, Changsoon Park & Hyun Jung Lee, and F & D Holding Company LLC for Lots 2 & 3, Block 2, and Outlot'A', Wood Lake Park Second Subdivision, all of Wood Lake Park First Replat, and all of Rochester Town Offices Condominiums, Common Interest Community Number 247, Olmsted County, Minnesota. COUNCIL ACTION: Motion by: second by: to: GENDA SECTION: CONSENT AGENDA REQUEST FOR COUNCIL ACTION ORIGINATING DEPT: Public Works MEETING 3' DATE: 7/17/06 NO. ITEM DESCRIPTION: Pedestrian Facilities Agreement— PREPARED BY: B & B Events Center (SDP#05-16) I rM. Baker Staff would offer the following Pedestrian Facility Agreement for consideration by the Council: B & B Event Building, LLC, is the Lessee of real property generally described as part of the Northeast'/4, Section 10, Township 105 North, Range 14 West, Olmsted County, Minnesota (Airport Property). As a condition of approval for Site Development Plan application (SDP#05-16), the Lessee has requested approval of a Pedestrian Facilities Agreement to address its obligations for providing pedestrian facilities along the frontages of the Property. Staff agrees that execution of said Agreement is to the mutual benefit of the Lessee and City, and abutting property owners. An Agreement has been drafted by the City and executed by the Lessee. COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute a Pedestrian Facilities Agreement with B & B Event Building, LLC, for part of the Northeast'/,, Section 10, Township 105 North, Range 14 West, Olmsted County, Minnesota (Airport Property). COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING ?j / DATE: 7/17/06 tGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works _ I S ITEM DESCRIPTION: Pedestrian Facilities Agreement— PREPARED BY: RTS Transportation & Global Resolve (SDP#06-05) � Jr M. Baker Staff would offer the following Pedestrian Facility Agreement for consideration by the Council CAM Investment, LLC, is the Lessee of real property generally described as part of the Northwest %, Section 10, Township 105 North, Range 14 West, Olmsted County, Minnesota (Airport Property). As a condition of approval for Site Development Plan application (SDP#06-05), the Lessee has requested approval of a Pedestrian Facilities Agreement to address its obligations for providing pedestrian facilities along the frontages of the Property. Staff agrees that execution of said Agreement is to the mutual benefit of the Lessee and City, and abutting property owners. An Agreement has been drafted by the City and executed by the Lessee. COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute a Pedestrian Facilities Agreement with CAM Investment, LLC, for the RTS Transportation & Global Resolve development project on part of the Northeast Y, Section 10, Township 105 North, Range 14 West, Olmsted County, Minnesota (Airport Property). COUNCIL ACTION: Motion by: Second by: to: GENDA SECTION: CONSENT AGENDA REQUEST FOR COUNCIL ACTION MEETING DATE: ORIGINATING DEPT: Public Works ITEM DESCRIPTION: Pedestrian Facilities Agreement — Janet R. Tribbensee, Terrance A. Richardson & Katherine K. Richardson (M&B#06-01) ITEM NO. 1 L 3 7/17/06 PREPARED BY: ..0 M. Baker Staff would offer the following Pedestrian Facility Agreement for consideration by the Council: Janet R. Tribbensee, Terrance A. Richardson & Katherine K. Richardson are the Owners of real property generally described as Lots 6, 7, and part of Lot 8, Oak Rest Re -Plat, Olmsted County, Minnesota. As a condition of approval for Metes & Bounds Subdivision application (M&B#06-01), the Owners have requested approval of Pedestrian Facilities Agreements for their properties to address their obligations for providing pedestrian facilities along the frontage of the Properties abutting 2nd Ave NW. Staff agrees that execution of said Agreement is to the mutual benefit of the Owners and City, and abutting property owners. Agreements have been drafted by the City and executed by the Owners. CERTIFICATE OF SURVEY 14 DESCRIPTION1 SEE ATTACHED a 6 ( R \ SCnL\a 5iI L� S889'16'09*W QSLPQ �'r yP/AR�C9mE39.L9s8 s, ap� DE5d iv2G SRE7 f12a_117.27 o2 1 N89'16'09 E I+e9'16'09"E 2, PLe114.97 o a � 20 6 � 1 v � L 6� 127.15 w m 'Wm ii ARSE I, g� Saw 1609'W 2, 1 a PL-126.91 2D 9RNEWI,Y E E.NT �! 1 ^ RECOROEY W 8K 2E5 M 2 1 `•� / Cff CE W ME KMSiEO m 66 C.L.RECONMIR 142.27 ( 137.02 m 1/2 Roo S89'16'091W +° R 5B9 t6'09w \PL-137.00 .. L�7IR5" 4 11 251.i) — I.P 15- LY EO 5/G I.P COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the Pedestrian Facilities Agreements with Janet R. Tribbensee, Terrance A. Richardson & Katherine K. Richardson for real property generally described as Lots 6, 7, and part of Lot 8, Oak Rest Re -Plat, Olmsted County, ,;OUNCIL ACTION: Motion by: Second by to: REQUEST FOR COUNCIL ACTION MEETING 3� DATE: 7/17106 1GENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D— ITEM DESCRIPTION: Pedestrian Facilities Agreement— PREPARED BY: Northern Valley Animal Clinic, LLC (SDP#05-54) M. Baker Staff would offer the following Pedestrian Facility Agreement for consideration by the Council: Northern Valley Animal Clinic, LLC, is the Owner of real property generally described as part of the Southwest '/<, Northeast '/4, Section 24, Township 107 North, Range 14 West, Olmsted County, Minnesota. As a condition of approval for Site Development Plan application (SDP#05-54), the Owner has requested approval of a Pedestrian Facilities Agreement to address its obligations for providing pedestrian facilities along the frontage of the Property abutting Alberta Dr NE. Staff agrees that execution of said Agreement is to the mutual benefit of the Owner and City, and abutting property owners. An Agreement has been drafted by the City and executed by the Owner. COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute a Pedestrian Facilities Agreement with Northern Valley Animal Clinic, LLC, for part of the Southwest'/4, Northeast'/., Section 24, Township 107 North, Range 14 West, Olmsted County, Minnesota (SDP#05-54). COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 7/17/06 kGENDA SECTION: ORIGINATING DEPT: ITEM NO. 1 CONSENT AGENDA Public Works l� ITEM DESCRIPTION: Pedestrian Facilities Agreement— PREPARED BY: Channel One, Inc. (SDP#06-01) ;,J(M. Baker Staff would offer the following Pedestrian Facility Agreement for consideration by the Council: Channel One, Inc., is the Owner of real property described Lots 4 & 5, Block 2, Wood Lake Park, Olmsted County, Minnesota. As a condition of approval for Site Development Plan application (SDP#06-01), the Owner has requested approval of a Pedestrian Facilities Agreement to address its obligations for providing pedestrian facilities along the frontage of the Property abutting 35th St SE. Staff agrees that execution of said Agreement is to the mutual benefit of the Owner and City, and abutting properly owners. An Agreement has been drafted by the City and executed by the Owner. t� COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute a Pedestrian Facilities Agreement with Channel One, Inc., for the Lots 4 & 5, Block 2, Wood Lake Park, Olmsted County, Minnesota. COUNCIL ACTION: Motion by: Second by: to: AGENDA SECTION: CONSENT AGENDA REQUEST FOR COUNCIL ACTION MEETING DATE: 7/17106 ORIGINATING DEPT: Public Works NO. ITEM DESCRIPTION: Pedestrian Facilities Agreement — PREPARED BY: Aquila, Inc. (SDP#05-36) M. Baker Staff would offer the following Pedestrian Facility Agreement for consideration by the Council: • Aquila, Inc., is the Owner of real property described Lot 2, Block 1, Valleyhigh Fourth Subdivision, Olmsted County, Minnesota. As a condition of approval for Site Development Plan application (SDP#05-36), the Owner has requested approval of a Pedestrian Facilities Agreement to address its obligations for providing pedestrian facilities along the frontage of the Property abutting 7t' St NW. Staff agrees that execution of said Agreement is to the mutual benefit of the Owner and City, and abutting property owners. An Agreement has been drafted by the City and executed by the Owner. Tit- r � e[ OC '/y c sqr- aaxv i rn n e 1 T G z Ini= I n 1 1 Z COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute a Pedestrian Facilities Agreement with Aquila, Inc., for the Lots 2, Block 1, Valleyhigh Fourth Subdivision, Olmsted County, Minnesota. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING A3 / DATE: 7/17/06 GENDA SECTION: ORIGINATING DEPT: ITEM NO. T CONSENT AGENDA Public Works O—Q�V ITEM DESCRIPTION: Pedestrian Facilities Agreement— PREPARED BY: TexPar Energy, LLC (SDP#06-20) j M. Baker Staff would offer the following Pedestrian Facility Agreement for consideration by the Council: TexPar Energy, LLC, is the Owner of real property generally described as part of the Northwest '/4, Section 34, Township 107 North, Range 14 West, Olmsted County, Minnesota. As a condition of approval for Site Development Plan application (SDP#06-20), the Owner has requested approval of a Pedestrian Facilities Agreement to address its obligations for providing pedestrian facilities along the frontage of the Property abutting 7'h St NW, and to address the dedication of a Pedestrian Facilities Easement to facilitate the construction of a pedestrian bridge along the westerly line of the Owner's property. Staff agrees that execution of said Agreement is to the mutual benefit of the Owner and City, and abutting property owners. An Agreement has been drafted by the City and executed by the Owner. COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute a Pedestrian Facilities Agreement with TexPar Energy, LLC for the real property generally described as part of the Northwest''/A, Section 34, Township 107 North, Range 14 West, Olmsted County, Minnesota. COUNCIL ACTION: motion Second 10 REQUEST FOR COUNCIL ACTION MEETING Q7-17-Q$ to DATE: AGENDA CONSENT AGENDA ORIGINATING DEPT: ITEM NO. PUBLIC WORKS I [11 1 1 =M PARKING CHANGES ON WEST CENTER STREET FOR PREPARED BY: MAYO- EISENBERG LOADING I A KNAUER Mayo Clinic has constructed a new entrance for the Eisenberg Building (Rochester Methodist Hospital) on the north side of West Center in the 200 block. The clinic has requested the curb area in front of the new entrance be signed as "Shuttle Bus Loading Only- 15 Minutes". The restriction would be 24/7. The four existing 90 minute meters have been removed. Adequate set back from 3rd Avenue SW has been retained to allow for a right turn lane. The new shuttle loading area would be operational before reconstruction of 3rd Avenue NW which will temporarily close off the entrance at the Charlton Building. REQUESTED COUNCIL ACTION Adopt the prepared resolution amending the "Comprehensive Parking and Traffic Resolutions Book" per the following description. 1. Add to Section C - Zone E "Courtesy Vans" paragraph 5 to read as follows; 'West Center Street in the 200 block on the north side- Shuttle Bus Loading Only -15 Minute Limit" 2. Delete paragraph 1A. Section I, Zone E —90 Minute Meters ; .-OUNCIL ACTION: Motion by: to: Second by: REQUEST FOR COUNCIL ACTION MEETING L41 ' DATE: 07/17/06 F- L i' L i AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works 1�1— a p— ITEM DESCRIPTION: RENEW LEASE WITH IRONWOOD SQUARE/ CIVIC SOUTH P7PARED BY: PARKING LOT A KNAUER The City owns and operates the Civic South parking lot in the 300 — 400 blocks on the north side of 4`n Street SE. Part of this lot is east and behind the Ironwood Square Building located at 300 3rd Ave SE. A number of years ago the 3 d Street SE right of way lying north of the Ironwood Square Building was vacated. Part of this right of way was transferred to Ironwood as an abutting property owner. The City has entered into a lease to develop and use the driveway access to the Civic South lot using the old 3`d Street right of way. In exchange Ironwood has the use of 6 parking spaces on the City's portion of the right of way. In addition the City may use the Ironwood drive aisles on weekdays and the parking after 6 p.m. on weekdays and on weekends. Each party is responsible for the surface repairs on its property. The existing lease expired in April, 2005. Ironwood has indicated a willingness to renew the lease through April 30, 2010. No changes in the terms are proposed. REQUESTED COUNCIL ACTION Adopt the prepared resolution approving renewal of a lease with Ironwood Square Condominium Association for use of the parking lot area adjacent to Civic South Parking Lot through April 30, 2010. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING bN DATE: 07/17/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works �)- a3 ITEM DESCRIPTION: AWARD OF CONTRACT: (J9707) PREPARED BY: 19" Street NW from Ashland Drive NW to CSAH 22 (West Circle Drive) � R. Kelm Bids were received and opened after 11:00 a.m., July 12, 2006 for the following local improvement. Proiect Name and Number: 1gt Street NW from Ashland Drive NW to CSAH 22 (West Circle Drive) State Project: 159-122-008 City Project: 6219-4-00 (J9707) Proiect Background: A petition for the project was referred to Public Works on February 7, 2005 for preparation of a feasibility report. The feasibility report was approved at the March 21, 2005 council meeting with a recommendation to be constructed as soon as the right-of-way issues are resolved. No records are available for when the existing bituminous street was constructed. Until 2005, the road has been under the jurisdiction of Cascade Township; portions of 19th street from CSAH 22 to 60th Ave NW remain under the townships jurisdiction. The project is included in the Capital Improvements Program Major Streets category, line 6. This project will be funded by Municipal State Aid Funds (MSA) (25%) and the West Side Transportation Improvement District Charges (WS TID) (75%). An informational meeting was held with the abutting property owners on May 16, 2006. The following bids were received: — Total Bid 1. Rochester Sand & Gravel $1,076,846.85 2. Road Constructors, Inc $ 1,087,545.09 3. Winona Excavating $ 1,402,556.85 t Engineers Estimate $ 1,104,742.25 t Proiect Location Proiect Recommendation: Upon concurrence with the Mn/DOT, the Public Works Department recommends the City Council proceed with an award to the low bidder. COUNCIL ACTION REQUESTED: Adopt a resolution awarding the contract, (J9707) 19th Street NW from Ashland Drive NW to CSAH 22 (West Circle Drive) to Rochester Sand & Gravel. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING 61 DATE: 7/17/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO� Consent Agenda Public Works D ITEM DESCRIPTION: Development Agreements — Canal Place Subdivision PREJPARED BY: Pv% M. Nigbur' f Ryanna, LLC, CALLI R LLC and Maine Street Development Company each individually own parcels that are adjacent to each other (Part of the NW % of Section 26-106-14). The individual property owners would like to mutually develop their properties as one commercial development to be known as Canal Place subdivision. The property owners and City Staff have had discussions relating to platting and development of Owners' properties and the impacts on the public infrastructure resulting from the development of the Property. Based on the continued discussions, the content for a development agreement with each owner has been decided and three documents have been created. The major items covered in the agreements include the following: • Storm Water Management • City/Owner Contract • Transportation improvements/management including: roadway construction, controlled access, and traffic signage. • Grading and Drainage • Pedestrian Facilities • Real Estate Dedication • Extension of utilities • Storm Water Management • Owner's payment of the development related charges including Storm Water Management, Sanitary Sewer Availability, Water Availability, and Transportation Improvement District Charges. Staff recommends the Council approve the Development Agreements. Each owner has executed the Development Agreement pertaining to their property. w m 0 rc lZ w 0 m M m IT COUNCIL ACTION REQUESTED: z J Authorize the Mayor and City Clerk to execute a Development Agreement with each owner (Ryanna, LLC, CALLI R LLC and Maine Street Development Company) for the combined development of their respective properties to be known as Canal Place subdivision. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 63 ' 7/17/06 AGENDASECTION: ORIGINATING DEPT: Public Works ITEM NO. a S CONSENT AGENDA _ ITEM DESCRIPTION: Contribution Agreements — Extend Storm Sewer - Rossi Court PREPARED BY: NW to Kings Run (J-6539). M. Nigbur9 Staff would offer the following Contribution Agreements for consideration by the Council: The City of Rochester will be constructing storm sewer improvements from Rossi Court NW to Kings Run (J-6539). Owners of two parcels who benefit from the above project agree to pay their share of the cost of construction, engineering, inspection and design and are required to execute a Contribution Agreement with the City outlining the terms of payment. The property owners include: • Curtis A. & Elizabeth J. Herman — 4403 Rossi Court NW — Lot 3, Block 1, Rossi Court Subdivision PIN 74.17.12.054845 • Dale Norell & Deborah Lien — 4409 Rossi Court NW — Lot 2, Block 1, Rossi Court Subdivision PIN 74.17.12.054844 O�G c� srL. •r��� _ - NOR ELL&LIEN ' - PROPERTY ' HERMAN - PROPERTY t _ II i COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute a Contribution Agreement with each of the above property owners. COUNCIL ACTION: Motion by: Seed by: to: REQUEST FOR COUNCIL ACTION MEETING s� ' DATE: 7/17/06 3ENDA SECTION: ORIGINATING DEPT: ITEM NO. �� CONSENT AGENDA Public Works `i)r ITEM DESCRIPTION: Service Contract: Horizon, Inc. to Provide Digital Aerial P EPAA�D BY: / Orthophotography and 2-foot contours - Project J 1963 _��Wellner i In 1999 the City Department of Public Work, Rochester Public Utilities and Olmsted Countyjointly contracted for aerial photography and 2-foot contours of the city and adjacent areas. The photos have been updated several times since 1999, however the elevation information provided by the contours has not been redone since 1999. Many changes have occurred since 1999 and updating of contours is needed. Horizons, Inc. an aerial mapping company has been providing aerial photography for several years to the city and county and is very familiar with the area and the requirements of the city and county. Horizon, Inc. has submitted a proposal to complete the new photography and provide the new contours for $157,035. Olmsted County has requested that additional aerial photography be provided for 12 Sections outside of the City's Urban Service Area. The cost of these 12 Sections is $19,515 and will be paid entirely by the County. The balance of the cost for the digital aerial orthophotography and 2-foot contours, $137,520 will be paid equally by the City's Storm Water Utility, Sewer Utility, RPU and Olmsted County as follows: Storm Water Utility- $34,380 Sewer Utility - $34,380 RPU - $34,39) Olmsted County- $53,895 Total - $157,036 The project is listed in the 2006 CIP page 84 line 21. COUNCIL ACTION REQUESTED: Adopt a resolution authorizing the Mayor and City Clerk to execute an agreement with Horizon, Inc.. in the amount of $157,035 for digital aerial orthophotography and 2-foot contours. A^ i REQUEST FOR COUNCIL ACTION MEETING DATE: 07/17/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D- z7 ITEM DESCRIPTION: Request for Project Hearing: (J9707) Widening 19th St NW from PREPARED BY: CSAH 22 (West Circle Drive) to 2,500 ft West D. Nelson IV This is a Request for Project Hearing for the following local street reconstruction improvement project: Protect Name and Number 6219-4-00 (J9707) Widening 19th St NW from CSAH 22 (West Circle Drive) to 2,500 ft West Project Backoround A petition for the project was referred to Public Works on February 7, 2005 for preparation of a feasibility report. The Feasibility Report was prepared and forwarded to the City Council on March 21, 2005. The project is included in the Capital Improvements Program (CIP 2006-2011) page 28, line 6. A new state law was passed in 2005 that allows cities to construct road projects outside of their jurisdiction and recover project costs in the future when the property is annexed to the City. Prior to the Award of Bid a Project Hearing is required. A Special Assessment Hearing will be held in the future. Estimated Project Costs Construction Street $746,900 Pedestrian Facilities $102,800 Storm Sewer $155,700 Right of way $150,000 Project Cost Distribution The project will be funded by Municipal State Aid Funds (MSA) (25%) and (75%) from a combination of Transportation Improvement District Charges (TID) and future Special Assessments for 6 parcels (2 of which are outside the city at this time). Recommendation We report the project is feasible and recommend its construction in 2006. Bids were received on July 12, 2006. Public Works recommends the Council establish a Project Hearing date of August 7, 2006. COUNCIL ACTION REQUESTED: Adopt a resolution establishing a Project Hearing for August 7, 2006. Attachments: Feasibility Report COUNCIL ACTION: Motion by: Second by: to: 1 REPORT ON THE FEASIBILITY OF A PROPOSED LOCAL IMPROVEMENT PROJECT FOR: WIDENING 19TH ST NW FROM CSAH 22 (WEST CIRCLE DRIVE) TO 2,500 FT WEST March 21, 2005 Honorable Mayor & Common Council City of Rochester, Minnesota A petition received from Fox Trail Development, LLC,dated January 21, 2005, was referred to Public Works at the February 7, 2005 City Council meeting, for preparation of a Feasibility Report for the Extension of Municipal Utilities and Road Improvements to 19`h Street N.W. Feasibility Report We report the project is technically feasible and could be constructed in 2005. The Project to widen 19'h Street NW from CSAH 22 to 50th Avenue NW was included in the City's 2005 — 2010 Capital Improvement Program, with a recommended 2008 construction. The City Council would need to approve this first phase construction of 19'h Street from CSAH 22 to Ashland Drive NW for 2005. Background: No records are available for when the existing rural bituminous street was constructed. Until recently, the road has been under the jurisdiction of Cascade Township. The existing 24ane rural bituminous street varies in width from 21 to 24 feet, with shoulders varying from 0 to 4 feet on either side. The existing storm water ditches on either side of the street are narrow with little longitudinal slope (0.3-0.5%) to pass the required storm water flows. No pedestrian facilities currently exist along this Waal roadway. Development growth in the area is expected to exceed the capacity of the existing street requiring reconstruction and widening of the street. ROCOG's long range bicycle plan indicates pedestrian facilities should be established along this corridor. The Project: This first phase of reconstructing 190' Street NW from West Circle Drive NW (CSAH 22) to Ashland Drive NW (Fox Trail Development) would consist of: 1. Removal of the substandard 2-lane, 22 foot wide rural roadway 2. Grading work to accommodate a 3-lane, 52 foot wide urban bituminous roadway section. 3. Correction of vertical curve sight distances as necessary to achieve a 40-mph design speed and meet State Aid design standards. 4. Construction of storm sewer and storm water conveyance systems. 5. Construction of concrete curb and gutter, with a bituminous asphalt pavement section meeting a 10-ton design standard. 6. Construction of 10foot wide bituminous pedestrian facilities on both sides of the street (south side trail could be graded at this time, with paving to occur at a later date). 7. Re-establish vegetative grasses and sod. 8. No watermain or sanitary sewer are required in this first phase work. M i —2— Juix 14, 2006 Right-of-way: A major issue with this first phase work is the acquisition of the necessary ROW to widen and construct the street. The first 1100 feet +/_ of 19`h Street west of West Circle Drive lies all within the City of Rochester limits. There is 50 feet of street right-of-way on the north side of the street, however there is only 33 feet of ROW on the south side. Thus, an additional 27 feet of ROW would have to be acquired. The next westerly 1300 feet +/- of 19`h Street lies outside the city limits and within Cascade Townships jurisdiction. As such, the township owns 66 feet of street right-of-way. The City would need to acquire additional street right of way and annex the street into the City. The north 60 feet of ROW is covered under an existing Development Agreement with Hartman development and would be dedicated to the City. The south 60 feet would require the City to acquire an additional 27 feet beyond what the township currently owns. The ROW costs could be as high as $150,000 and may take 3 to 4 months to secure. Therefore, it may not be feasible to complete the construction of the project in 2005. Recommendations: We recommend that the project be constructed and funded in accordance with the Capital Improvements Program (CIP 2005-2010) page 30, line 6, with the following exceptions: 1. Advance construct this first phase of the Project from the year 2008 to 2005. 2. Funding sources are Municipal State Aid Funds (25%) and Transportation Improvement District Charges (75%). This report and the estimated costs for the project are prepared without the benefit of field surveys, soils boring or completed plans and specifications: Feasibility Cost Construction: 300 - Street $746,900.00 500 - Pedestrian Facilities $102,800.00 400 - Storm Sewer $155,700.00 Right of Way: ermanenat and temporary road easements $150,000.00 TOTAL $1,155,400.00 Fundine Distribution: This project will be funded by Municipal State Aid Funds (MSA) (25%) and Transportation Improvement District Charges (TID) (75%). n —3— Funding Distribution: Feasibility Cost Municipal State Aid Funds (MSA $288,850.00 Tax Improvement District Char es (TID) $866,550.00 TOTAL $1,155,400.00 Distribution Percentages: City State Aid Share 25.00% Tax Improvement District Share 75.00% TOTAL 100.0% Submitted for your consideration: Approved: Russ Kelm, Project Manager Richard W. Freese, PE City Engineer JuLr 14, 2006 7. i -4- JuLy 14,2006 Widening 19th St NW from CSA.H 22 (West Circle Drive) to 2,500 ft West PAPROI HUI'S'� PR01% 9--oT J)� Re,, 197)7A) ) 'I I j pq� !( � (' REQUEST FOR COUNCIL ACTION MEETING 07-17-06 i DATE: AGENDA ORIGINATING DEPT: PUBLIC WORKS ITEM NO. f1 ' CONSENT AGENDA ITEM AMEND ENGINEERING CONTRACT FOR RESTORATION WORK / THIRD STREET & CIVIC CENTER PARKING RAMPS/ PREPARED BY: A KNAUER Condition survey reports for Third Street and Civic Center Parking Ramps have been completed by Buildings Consulting Group (BCG). These condition surveys are conducted for each parking ramp on a 4year cycle. The survey included inspection and testing of the structural elements, electrical/mechanical and general building. The condition reports recommend a list of repairs. Overall the ramps were in good condition with minor concrete and mechanical/ electrical repairs identified. The estimated cost of repairs is $40,000 and $97,000 for Civic Center and Third Street Ramps respectively. Staff recommends BCG's contract be amended to prepare plans and specifications, administerthe bidding and subsequent contract and provide testing and inspection services for the restoration work. (The estimated cost for these services is $18,750) It is also recommended that Council authorize bids for the restoration work. The projects are identified in the City's Adopted Capital Improvements Program. REQUESTED COUNCIL ACTION 1. Adopt the prepared resolution amending the contract with Building Consulting Groups for the bidding phase and administration/ inspection of the construction contract for restoration work in the Third Street and Civic Center Parking Ramps per their proposal dated July 14, 2006. 2. Authorize the advertisement of bids for "2006 Restoration Work in the Third Street (J2583-06) and Civic Center Parking Ramps (J2578-06". —JUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 7/17/06 AGENDA SECTION: Consent Agenda ITEM DESCRIPTION: ORIGINATING DEPT: Public Works — Clarification Letter ITEM NO. 1)-2-9 PREPARED BY: M. Nigbur l Ai Opus Northwest LLC, a Buyer of Lots 1, 2, 3 of Blockl; Lots 6, 7, 8 of Block 5; Lots 1, 2, 3, 4, 5, 6, 7, 8 of Block 6; Outlots A, I, J of Maine Street Development has requested clarification via letter for Development Agreement Release which the City Council approved on 7/05/06. Public Works staff and the Deputy City Attorney have reviewed their requested items for clarification and would recommend the Council approve the execution of said letter. The specific terms of the letter include: (1) There is no current default by either Owner under the Development Agreement and the City holds no sureties (for amenities or otherwise) pursuant to the terms thereof; (2) Any future default by either Owner under the Development Agreement will not impact the issuance to Buyer of building permits or certificates of occupancy for any lot constituting a part of the Released Property; (3) the City will accept performance by Buyer of any remaining obligations of Owners under the Development Agreement, to the extent Buyer has such right under any agreement it may have with an Owner; (4) the City will accept performance by Buyer of any obligations of Owners under the Revocable Permit, to the extent Buyer has such right under any agreement it has with an Owner; and (5) Owners intend on requesting a Revocable Permit for various amenity improvements on Public Right of Way, on Public Lands, and/or on Public Easements. Conditions of the Revocable Permit have not yet been drafted. However, as a condition of said permit obligations for maintenance and provisions for surety are needed. The City agrees to, upon written request by Opus and after a City review and concurrence of deficiencies of maintenance or completion of work elements, assign the Buyer the ability to correct said deficiencies utilizing the provisions and funding outlined in the Revocable Permit. COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the Letter to Opus for Lots 1, 2, 3 of Blockl; Lots 6, 7, 8 of Block 5; Lots 1, 2, 3, 4, 5, 6, 7, 8 of Block 6; Outlots A, I, J of Maine Street Development addressing the above items. COUNCIL ACTION: Motion by: second by: to: AGENDA REQUEST FOR COUNCIL ACTION PUBLIC HEARINGS 'ING DEPT: PLANNING ITEM DESCRIPTION: Land Use Plan Amendment #06-02 by Prairie Crossing III, LLC. The applicant proposes to amend the Land Use Plan designation for approximately 47.67 acres of land from `low density residential" to "commercial". The accompanying GDP identifies a future East Frontage Road to TH 52 along with future access locations and identifies the intent to develop the land with approximately 340,000 — 450,000 sq. ft. of commercial space. The property is located south of 75`h Street NW along the east side of TH 52. July 11, 2006 City Planning and Zoning Commission Recommendation: The Planning Commission considered this item at the June 28, 2006 meeting. MEETING 61 DATE: 7-17-06 , _/ PREPARED BY: Mitzi A. Baker, Senior Planner Mr. Haeussinger moved to recommend approval of Land Use Plan Amendment #06-02 by Prairie Crossing III, LLC. Mr. McGuine seconded the motion. The motion carried 7-0. 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. 2. The Council should instruct the City Attorney to prepare findings of fact and conclusions of law supporting their decision. Distribution: 11 x P'`'� 1. 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 July 17, 2006 in the Council / Board Chamber at the Rochester - Olmsted Government Center Building COUNCIL ACTION: Motion By: Seconded By: Action: NE k-; HAN G SDY55't,� n� PRAIRIE CROSSING HEST 6a3 FDR : u.ep pwi Prairie Crossing III, LLC 1201 SW Meadowlark Court ROCHESTER, MN 55902 �yeifmY�� S0�ib��T.m ten3 s z� i CR'dNGED FRO � 4 ky p Np g` a dim rl n 9 -pa p}g�V � I30„ Nn u43 PRAIRIE CROSSING 4XHI13IT N SCALE 1 " = 500' DESCRIPTION: SEE ATTACHED SCALE: 1, - 500' Wes^+ DkavN BY: jc DATE : 05/26/06 ACCT. NO..: 7239/5156 codd No. 515620NEEXH.DW6 E 15? ROCtiESTER-OLMSTED PLANNING DEPARTMENT O�,pOCRESTE$.M�ryNF 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 o; :a :m c 00 MTVV OF www.olmstedcounty.com/planning �o ,: �49 Bq TED.AUGU5%.5' TO: City Planning and Zoning Commission FROM: Mitzi A. Baker, Senior Planner DATE: June 21, 2006 RE: Land Use Plan Amendment #06-02 AND Zoning District Amendment #06- 05 by Prairie Crossing III, LLC. The applicant proposes to amend the Land Use Plan designation for approximately 47.67 acres of land from "low density residential" to "commercial' and to re -zone the property from R-1 to B-4 (General Commercial). The GDP identifies a future East Frontage Road to TH 52 along with future access locations and identifies the intent to develop the land with approximately 340,000 — 450,000 sq. ft. of commercial space. The property is located south of 751h Street NW along the east side of TH 52. Planning Department Review: Petitioner: Prairie Crossing III, 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 south of 75" Street NW, along the east side of TH 52. Requested Action: The applicant proposes to amend the Rochester Urban Service Area Land Use Plan and Rochester Zoning Map to identify approximately 47.67 acres of land located south of 75`" St. NW along the east side of TH 52 for "commercial" land uses and "B-4" General Commercial 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 47.67 acres of land located east of TH 52 and south of 751h Street NW for BUILDING CODE 50712B5-8345 • GIS/ADDRESSING/MAPPING 507/2B5-8232 • HOUSING/HRA 507/2B5-8224 or,a.ewr. PLANNINGIZONING 5071285-8232 • WELL/SEPTIC 5071285-8345 FAX 507/2B7-2275 Z`(;`7 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 "commercial" land uses and "B-4" General Commercial Zoning. Adjacent Land Use and There is no formal future land use plan map for land in the 25 year Zoning: urban service area lying north of 651h 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 west side of the property abuts TH 52, the north side abuts 751h Street NW, and the east side 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 east is deemed "low density residential" unless otherwise approved/identified on the Rochester Urban Service Area Land Use Plan. The property to the south is designated for "commercial" uses and is zoned B-4 General Commercial. Transportation Access: This property will have access from 751h Street, via a frontage road. In addition, the east TH 52 frontage road between 65th and 75"' Street NW is planned to be constructed in the future. The City will be co-signing a permit application to MnDOT to allow for fill within a portion of the MnDOT right-of-way as part of the road construction. Upon completion, a continuous frontage road would be in place from 85'h Street NW to 41s' Street NW. Wetlands: Hydric soils exist on the site according to the Soil Survey. The property owner is responsible for identifying wetlands on the property and submitting the information to the LGU. Referral Comments: 1. See comments attached to GDP #270 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. 75" Street is identified as an expressway on the on the Long Range Transportation Plan and Trunk Highway 52 is identified as a freeway. The future frontage road is identified as an arterial. An interchange was recently completed at 75'" Street and TH 52. b. Having level terrain. This site has rolling terrain. (4 1 Page 3 c. Having good pedestrian, vehicular, and transit access. Upon completion of infrastructure improvements required of the development and as identified on the GDP and the Long Range Transportation Plan, this development would have good pedestrian, vehicular and transit access. Recent and future improvements include: future frontage road connection on the east side of TH 52 from 65" Street to 756 Street NW which will provide a continuous frontage road from 85'h St. NW to 41" St. NW; Interchange at 75" Street NW; overpass at 65`" Street NW; and a potential future interchange at 65'h Street NW. 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. 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 B-4: A Land Use Plan amendment (#06-02) 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 B-4 district would be consistent with the Land Use Plan. The area is changing (TH 52 improvements). 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 r V Page 4 Proposed B-4: Permitted uses allowed within the proposed B-4 zoning district would be appropriate on the subject property. Recent and planned transportation improvements planned in this area include a new frontage road connection between 6P Street and 7e Street; an interchange at 75' Street, an overpass at 65s' Street and a potential future interchange at 65m Streetl H 52 as documented in the recently adopted Long Range Transportation Plan. 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). 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 initiated by the applicant. If the Land Use Plan Amendment is supported, findings could be made to support the Zoning District Amendment to 8-4 (General Commercial) district. 43 11.1 Minnesota Department of Transportation Minnesota Department of Transportation - District 6 2900 48'" Street N.W. Rochester, MN 55901-5849 June 27, 2006 Jennifer Gamess, Planning Department Rochester -Olmsted Planning Department 2122 Campus Drive Southeast -Suite 100 Rochester, MN 55904 Office Tel: 507-280-3188 Fax: 507-285-7279 E-mail: chris.moates@dot.state.mn.us RE: Land Use Plan Amendment #06-02, Zoning District Amendment #06-05, and General Development Plan (GDP) #270 to be ]mown as Prairie Crossing III, by Prairie Crossing III, LLC. The applicant proposes to amend the Land Use Plan designated for approximately 47.67 acres of land from "low density residential" to "commercial" and to rezone the property from R-I to Bel (General Commercial). The GDP identifies a future East Frontage Road to US 52 along with future locations and identifies the intent to develop the land with approximately 340,000 to 450,000 feet of commercial space. The property is located south of 75th Street Northwest along the east side of US 52. US 52, CS 5509 Dear Ms.Gamess: Minnesota Department of Transportation (Mn/DOT) District 6 staff has received the Land Use Plan Amendment #06-02, Zoning District Amendment #06-05 and General Development Plan #06-05 to be known as Prairie Crossing III. Our comments are included below: • The data provided indicated that drainage has been addressed with the designation of a regional pond and use of the highway right -of way. Mn/DOT will require district review of the overall Stormwater Management Plan to determine the drainage impacts to the TH 52 right of way. Please be aware that any changes or increase in drainage to the TH 52 right of way will require approval of a Mn/DOT District 6 permit. • We will continue to express our concern with approval of local developments prior to completion of the Nor -them Rochester Transportation Study. However, we are aware of the restrictions, placed by the City, requiring adequate public facilities in advance of the actual development. Please provide the Stormwater Management Plan to the Planning Office at your earliest convenience. If there are any questions, you may contact Debbie Transportation Specialist at (507) 281-7777. Sincerely, Chris Moates District 6 Planning Director RE E VVED JUNI 2 7 23015 cc: Nelrae Succio, Greg Paulson, Mike Schweyen, Kjersti Anderson, Tom Streiff Craig Hansen, Rhonda Prestegard, Debbie Persoon-Bement, File DOCS-#505106 i Page 6 City Planning and Zoning Commission Minutes Hearing Date: June 28, 2006 Land Use Plan Amendment 906-02, Zoning District Amendment #06-05, and General Development Plan (GDP) #270 to be known as Prairie Crossing Ili, by Prairie Crossing III, LLC. The applicant proposes to amend the Land Use Plan designation for approximately 47.67 acres of land from `low density residential" to "commercial" and to re -zone the property from R-1 to B-4 (General Commercial). The GDP identifies a future East Frontage Road to TH 52 along with future access locations and identifies the intent to develop the land with approximately 340,000 — 450,000 sq. ft. of commercial space. The property is located south of 75th Street NW along the east side of TH 52. Mr. John Harford presented the staff reports, dated June 21, 2006, to the Commission. The staff reports are on file at the Rochester -Olmsted Planning Department. The applicant's representative, Josh Johnson from McGhie and Betts, Inc. (1648 Third Avenue SE, Rochester MN 55904), addressed the Commission. He stated that the applicant is in agreement with the staff -recommended conditions. Mr. Hans Zietlow (residing at 1626 Oak Street, LaCrosse WI 54603) addressed the Commission. He stated that he was a real estate agent for Kwik Trip and that they own 20 acres of land across from Bandel Road. He stated that they would be submitting their plans for the same type of commercial development in the future. With no one else wishing to be heard, Mr. Burke closed the public hearing. Page 7 City Planning and Zoning Commission Minutes Hearing Date: June 28, 2006 applicable. 2. Controlled access wlil be.requrr6- along the entfr frontages of Tk1.52 & i 5° S1 NW as shown on the GDP, piusithe entire frontage of#tire proposed,Eaet Fron%ge Road with the exception of the access Iota;ions approved on .the OSM'g14, or as otherHse approved by the City Cou_ ncil 4 fy� ,I KYy * Y is 3.: Water marns must ba networked properly.to provide adetuate flows fbr fire p7©tectron,_ and waterqualay. andrnustbe extended to adjacent properties per the requirements of Rochester Public Utlilties IT 4. Priot to submittal of a pn:liminary'ilat for Phis pr3pe grecing,�or development the jippljcant shalt complete a,Wetiand 4delineation and iiletbe tieokIlineatfci wits tt GU; ;; :fie "�` .�, ��-. = a w.� t s e x-., +:L`S.: : Priorto Final Pietapprolal oran! o Rhesite>Tr3ftic,lmpact Repot shall'be comptefed and development must be phased fo prggido e9netrrrenoe with adequate public facilities a-T, i4i.AitSb a:-� i'. 1 4 j't } 6. This GDP shall be revised to iiJentlfy future pedestrian facilities afonthe existing and future roads: OTHER BUSINESS: 1. As may be brought up with members Mr. Harford handed out a citizen planner questionnaire for the Commissioners to review. Mr. Harford stated that Phil Wheeler would be discussing Decorah Edge at the Commission's July 12, 2006 meeting. Mr. Harford stated that he would be bringing back the sign ordinance questions he has been working with Terry Adkins on. ADJOURN: Motion made by Mr. McGuine to adjourn, seconded by Ms. Wiesner. Mr. Burke, Chair, adjourned the meeting at 8:00 p.m. Respectfully Submitted: Philip H. Wheeler, AICP Mr. Jay Burke, Chair A REQUEST FOR COUNCIL ACTION SECTION: PUBLIC HEARINGS MEETING �1 DATE: 7-17-06 ITEM DESCRIPTION: Zoning District Amendment #06-05 by Prairie Crossing III, PREPARED BY: LLC. The applicant proposes to re -zone the property from R-1 to B-4 (General Mitzi A. Baker, Commercial). The accompanying GDP identifies a future East Frontage Road to Senior Planner TH 52 along with future access locations and identifies the intent to develop the land with approximately 340,000 — 450,000 sq. ft. of commercial space. The property is located south of 75"' Street NW along the east side of TH 52. oTEt PJ&04, AR.c- .4� r CPI miw� •V July 11, 2006 Ci�Planning and Zoning Commission Recommendationand ZoningCoomm"mii`sssi'on Recomm"e'n"da"ti7on: The City Planning and Zoning Commission held a public hearing on June 28, 2006 to consider this petition. Mr. Haeussinger moved to recommend approval of Zoning District Amendment #06-05; Mr. McGhine seconded the motion. The motion carried 7-0. Council Action Needed: The Council should direct the City Attorney to prepare findings of fact reflecting the Councils decision on this zone change. If the Council approves this zone change as petitioned, it should instruct the City Attorney to prepare an ordinance that can be adopted supported by findings of fact and conclusions of law to amend the Zoning for the property. ry Cr 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 July 17, 2006 in the CounciVBoard Chambers at the Government Center, 151 4th Street SE. Motion By: Seconded By: Action: NE �;I-IANG, X� XHIBIT , _,. 4i6, Q< YX 8970 509'S5'14'E £ i ea eerie + tRn a €p mu • ON s�0'e i� s 47.67 dCRBS CHdNGSD FRO o li-1 TO B-4' m �` a � s1i?ea• S � 2 4 N89'32'33� y � ' M uiS - � H s b, z z at 557,41 a n rf. SCALE 1" = 500' -4 Pa, DESCRIPTION: SEE ATTACHED NJ JOµ a s c'. c /4 NH6 He16 ��+ ? PRAIRIE CROSSING U N PAWBIS CROSSING WEST FOR :o Prairie Crossing III, LLC 1201 SW Meadowlark Court ROCHESTER, MN 55902 E � IW1IIaI%l/tit w.km°a SCALE: V = 500' Rd Yw. DATE : 05/26/06 ACCT.. Na : 7239/5156 cadd No. 5156ZONEEXH.DWG Y„° REQUEST FOR COUNCIL ACTION MEETING DATE: 7-17-06 AGENDA SECTION: ORIGINATING DEPT: ITEM -NO.. PUBLIC HEARINGS PLANNING ITEM DESCRIPTION: General Development Plan (GDP) #270 to be known as PREPARED BY: Prairie Crossing III, by Prairie Crossing III, LLC. The GDP identifies a future Mitzi A. Baker, East Frontage Road to TH 52 along with future access locations and identifies Senior Planner the intent to develop the land with approximately 340,000 — 450,000 sq. ft. of commercial space. The property is located south of 75th Street NW along the east side of TH 52. July 12, 2006 City Planning and Zoning Commission Recommendation: The City Planning and Zoning Commission held a public hearing on June 28, 2006: Mr. Haeussinger moved to recommend approval of GDP #270; Mr. Barry seconded the motion. The motion carried 7.0. CONDITIONS: 1. There are inadequate on and off site public facilities, specifically Gravity Sanitary Sewer, Water, and Storm Water Management Facilities, existing to accommodate the development of this Property. No development will be allowed to occur until the City Council has determined that all required public facilities are adequate for said development Altematively, the developer may request to join with the City in making these inadequate public facilities adequate for this development, and may enter into a development agreement, prior to Final Plat submittal, that outlines the developer's and City's obligations related, but not limited to: access, stormwater management (including any obligations for off -site facilities), transportation improvements (including any off - site improvements necessary to accommodate this development), pedestrian facilities, contributions for existing & future public infrastructure, and the extension of public utilities to abutting properties where applicable. 2. Controlled access will be required along the entire frontages of TH 52 & 75'" St NW as shown on the GDP, plus the entire frontage of the proposed East Frontage Road with the exception of the access locations approved on the OSM#14, or as otherwise approved by the City Council. 3. Water mains must be networked property to provide adequate flows for fire protection and water quality and must be extended to adjacent properties per the requirements of Rochester Public Utilities. 4. Prior to submittal of a preliminary plat for this property, grading, or development, the applicant shall complete a Wetland delineation and file the delineation with the LGU. 5. Prior to Final Plat approval or any development of the site, a Traffic Impact Report shall be completed and development must be phased to provide concurrence with adequate public facilities. 6. This GDP shall be revised to identify future pedestrian facilities along the existing and future roads. 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. e"- F, P. i I J COUNCIL ACTION: Motion by: Second by: to: 11\rnl 7 / 1) lll\ '�i \ �171/ / ^� i ly'•� IIII\i� rfr=�l�"r�!/1/I r)/ Z`L\\ Adk,F191H-w'f`�«-d,m•' 111 lr 7L/ IIll�tI//,, t\\/ _/ 11 ':Srrtn�17li l\\\\`.'v'i("t/11\�:� _ ��•�`�?s� l ����., R\ �g�i,�\ \ 11 t ` \III11y \ \lyl /��\ !!// e 1\\\dIW ill \\•. ^�/��—in=�t'^ ,% \_ ` II11E}I � \,yll\_ \/l`+ll J I//l _ 1 rt fit rlll VN Ago L If of r RECEIVED \\\\� /d e\\t\ll�/^' `Ir1/ JUN:tza \\1 Oil ;®® GENERAL DEVELOPMENT PLAN y s ® PRAIRIE CROSSING III @@ c ROCNESTER. NINNESDTA s r; BSyA I'�i�:�i�:�" pd9 E e s 2i E Ro1 PLANNING DFPARTMENT 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 r.......r...�.a no TO: City Planning and Zoning Commission FROM: Mitzi A. Baker, Senior Planner DATE: June 21, 2006 RE: General Development Plan (GDP) #270 to be known as Prairie Crossing III, by Prairie Crossing III, LLC. The GDP identifies a future East Frontage Road to TH 52 along with future access locations and identifies the intent to develop the land with approximately 340,000 — 450,000 sq. ft. of commercial space. The property is located south of 75th Street NW along the east side of TH 52. Planning Department Review. Petitioner: Prairie Crossing III, 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 south of 75 h Street NW, along the east side of TH 52. Proposed Use: The GDP identifies a future East Frontage Road to TH 52 along with future access locations and identifies the intent to develop the land with approximately 340,000 — 450,000 sq. ft. of commercial space. Land Use Plan: There is no formal future land use plan map for the area in the 25 year urban service area lying north of 651h Street. 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 B-4 (General Commercial) 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 B-4 (General Commercial) BUILDING CODE 507/285-8345 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 507/285-8224 PLANNING/ZONING 5071285-8232 • WELUSEPTIC 507/285-8345 FAX 507/287-2275 �lJ AN gniAl nPPnPTI MN IAFFIRMATIVF ArMnN FMPLOVER IAT Page 2 General Development Plan June 21, 2006 zoning. Transportation Access: This property will have access from 751� Street, via a frontage road. In addition, the east TH 52 frontage road between 65'h and 75'" Street NW is planned to be constructed in the future. The City will be co-signing a permit application to MnDOT to allow for fill within a portion of the MnDOT right-of-way as part of the road construction. Upon completion, a continuous frontage road would be in place from 85"' Street NW to 413' Street NW. Sidewalks: Pedestrian facilities will be required along all public roadways. Drainage: This site has rolling terrain with several high and several low areas. The Site generally drains from north to south. Detailed grading and drainage plans will also be required when the property is platted or developed. Utilities: This property is within the Main Level Water System Area, which will be made available with the development of the Prairie Crossing development to the south. The water mains must be looped between interior building areas as much as possible to maintain the required flows for fire protection and water mains must be extended to adjacent properties per RPU's requirements. Gravity flow sanitary sewer service is not currently available to this property. A private lift station was constructed in the Prairie Crossing development to the south, which has limited capacity. Some of that capacity had been slated to serve a portion of the Prairie Crossing West development (west of TH 52). The allocation of sewer capacity through the Prairie Crossing lift station will be necessary to facilitate development of this site. Wetlands: Hydric soils exist on the site according to the Soil Survey. The property owner is responsible for identifying wetlands on the property and submitting the information to the LGU. Referral Comments: 1. Rochester Public Works 2. John Harford, Wetlands LGU 3. RPU Water 4. Rochester Fire Department Report Attachments: 1. Copy of General Development Plan 2. Referral Comments 3. Proposed General Development Plan Narrative 13 Page 3 General Development Plan June 21, 2006 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 06-02; ZC 06-05) are being considered concurrent with this application. The GDP includes approximately 47.67 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 B-4 (General Commercial). 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 for the development. This detail will need to be evaluated further at the time ofplatting and site development plan proposals. 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. The above response to Criterion B, above, is incorporated as a response to this Criterion as well. The Plan incorporates a future frontage road as identified on Official Street Map #14. 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 Page 4 General Development Plan June 21, 2006 the first 3 years of the 6-year CIP shall be included in the assessment of adequacy. On and off site improvements will be needed to accommodateMl build out of the proposed development, including construction of the frontage road. 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 Main Level Water System Area, which will be made available with the development of the Prairie Crossing development to the south. The water mains must be looped between interior building areas as much as possible to maintain the required flows for fire protection and water mains must be extended to adjacent properties per RPU's requirements. Gravityflow sanitary sewer service is not currently available to this property. A private lift station was constructed in the Prairie Crossing development to the south, which has limited capacity. Some of that capacity had been slated to serve a portion of the Prairie Crossing West development (west of TH 52). The allocation of sewer capacity through the Prairie Crossing lift station will be necessary to facilitate development of this property. Alternatively, development will need to be delayed until public mains are extended to serve this sewer shed. There are inadequate on and off site public facilities, specifically Gravity Sanitary Sewer, Water, and Storm Water Management Facilities, existing to accommodate the development of this Property. No development will be allowed to occur until the City Council has determined that all required public facilities are adequate for said development. Alternatively, the developer may request to join with the City in making these inadequate public facilities adequate for this development, and may enter into a development agreement, prior to Final Plat submittal, that outlines the developer's and City's obligations related, but not limited to: access, stormwater management (including any obligations for off -site facilities), transportation improvements (including any off -site improvements necessary to accommodate this development), pedestrian facilities, contributions for existing & future public infrastructure, and the extension ofpublic utilities to abutting properties where applicable. 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. Page 5 General Development Plan June 21, 2006 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 and generally drains from north to south. Hydric soils exist on the property according to the Soil Survey, and potential wetland locations were identified on the General Development Plan. 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. WAU 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 far the development. This detail will need to be evaluated further at the time of platting and site development plan proposals. This development is expected to be compatible with the existing and planned development of adjacent parcels. Summary & Recommendation: Land Use Plan Amendment #06-02 and Zoning District Amendment #06-05 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. 1. There are inadequate on and off site public facilities, specifically Gravity Sanitary Sewer, Water, and Storm Water Management Facilities, existing to accommodate the development of this Property. No development will be allowed to occur until the City Council has determined that all required public facilities are adequate for said development. Alternatively, the developer may request to join with the City in making these inadequate public facilities adequate for this development, and may enter into a development agreement, prior to Final Plat submittal, that outlines the developer's and City's obligations related, but not limited to: access, stormwater management (including any obligations for off -site facilities), transportation improvements (including any off -site improvements necessary to accommodate this development), AR Page 6 General Development Plan June 21, 2006 pedestrian facilities, contributions for existing & future public infrastructure, and the extension of public utilities to abutting properties where applicable. 2. Controlled access will be required along the entire frontages of TH 52 & 7e St NW as shown on the GDP, plus the entire frontage of the proposed East Frontage Road with the exception of the access locations approved on the OSM#14, or as otherwise approved by the City Council. 3. Water mains must be networked property to provide adequate flows for fire protection and water quality and must be extended to adjacent properties per the requirements of Rochester Public utilities. 4. Prior to submittal of a preliminary plat for this property, grading, or development, the applicant shall complete a Wetiand delineation and file the delineation with the LGu. S. Prior to Final Plat approval or any development of the site, a Traffic Impact Report shall be completed and development must be phased to provide concurrence with adequate public facilities. 6. This GDP shall be revised to identify future pedestrian facilities along the existing and future roads. 11 11 ROCHESTER H41y.11-ou TO: Consolidated Planning Department 2122 Campus Drive SE DEPART PUBLIC RKS ORKS WOMENT Rochester, MN 55904 201 4" Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507.281-6216 FROM: Mark E. Baker DATE: 6/19/06 The Department of Public Works has reviewed the application for General Development Plan #270, for the proposed Prairie Crossing III development. The following are Public Works comments: There are inadequate on and off site public facilities, specifically Gravity Sanitary Sewer, Water, and Storm Water Management Facilities, existing to accommodate the development of this Property. No development will be allowed to occur until the City Council has determined that all required public facilities are adequate for said development. Alternatively, the developer may request to join with the City in making these inadequate public facilities adequate for this development, and may enter into a development agreement, prior to Final Plat submittal, that outlines the developer's and City's obligations related, but not limited to: access, stormwater management (including any obligations for off -site facilities), transportation improvements (including any off -site improvements necessary to accommodate this development), pedestrian facilities, contributions for existing & future public infrastructure, and the extension of public utilities to abutting properties where applicable. 2. Grading & Drainage Plan approval is required prior to Final Plat submittal. . 3. Execution of a City -Owner Contract, and dedication of any applicable off -site public easements is required prior to construction of any public infrastructure to serve this development. 4. Controlled access will be required along the entire frontages of TH 52 & 75tb St NW as shown on the GDP, plus the entire frontage of the proposed East Frontage Road with the exception of the access locations approved on the OSM#14, or as otherwise approved by the City Council. CADocuments and Settings\plasfost\Local Settings\Temporary Internet Files\OLKIC\GDP270 Prairie Crossing Ill.doc ROCHESTER TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DEPARTMENT OF PUBLIC WORKS 201 4tl1 Street SE Room 108 Rochester, MN 55904-3740 507-287-7500 FAX — 507-281-6216 Charges/fees applicable to the development of this property will be further addressed in the City -Owner Contract, and Development Agreement, and will include but are not limited: �r Sewer Availability Charge (SAC) - TBD ❖ Water Availability Charge (WAC) — TBD ❖ Transportation Improvements - TBD ❖ Storm Water Management —TBD through the Grading Plan review process •3 First Seal Coat ❖ Street Signs, as determined by the City Engineer _ llrk _MP97n Pmirio Crnncinn III doc r Rochester -Olmsted Planning L, partment GIS/Addressing Division 2122 Campus Drive SE, Suite 100 Rochester, MN 55904-4744 GENERAL DEVELOPMENT PLAN REFERRAL RESPONSE DATE: June 14, 2006 TO: Jennifer Garness; Stephanie Foster FROM: Randy Growden GIS/Addressing Staff Rochester -Olmsted County Planning Department CC: RE: PRAIRIE CROSSING III GENERAL DEVELOPMENT PLAN # 270 Phone: (507) 285-8232 Fax: (507)287-2275 A review of the GDP has turned up the following ROADWAY or ADDRESS related issues: 1. The roadway illustrated as FUTURE EAST FRONTAGE ROAD needs to be given a roadway designation. RECOMMENDATION: Label this roadway as BANDEL ROAD NW. NOTE: Bandel Road NW will extend from 65 Street NW / Overland Drive NW to 75 Street NW and replace any frontage road designations. r�ra w? A&Zye, re de:ivtt June 8, 2006 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: General Development Plan #270, Land Use Plan Amendment #06-02 and Zoning District Amendment #06-05 by Prairie Crossing III, LLC to be known as Prairie Crossing III to amend the LT P on 47.67 acres of land from low density residential to commercial and re -zone the property from R-1 to B-4. Dear Ms. Garness: Our review of the referenced general development plan is complete and our comments follow: 1. This property is within the Main Level Water System Area, which will be made available with the development of the Prairie Crossing development to the south. 2. Based on preliminary data from McGhie & Betts, Inc. on the approximate finished grades (buildings ranging from El 1046 to 1065) the static water pressures within this area will range from the mid 40's to the low 50's PSI. 3. Preliminary water system computer modeling with the single 12" feed from the south (initially planned) preliminary flows for fire protection at the northerly end of the East Frontage Road (at elevation 1065) will be approximately 2500 GPM at 20 PSI. 4. The water mains must be looped between interior building areas as much as possible to maintain the required flows for fire protection and water mains must be extended to adjacent properties per our requirements. 5. We will work with the applicant's engineering firm to develop the necessary water system layout to serve this area. Please contact us at 507-280-1500 if you have questions. Very truly yours, 06-1,4A Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Gale Mount, Building & Safety McGhie & Betts, Inc. Prairie Crossing III, LLC Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 11 rpu - we plryyr, wr dr4rrr DATE: June 8, 2006 TO: Jennifer Garness, Planning Dept. Rochester -Olmsted Planning Dept. FROM: Bill Cook Environmental & Regulatory Affairs SUBJECT: General Development Plan #270 — Prairie Crossing III. RPU's Field Services Division has completed a review of the above -referenced plan. The planned activity does not directly affect any of our current Drinking Water Supply Management Areas. Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 WETLAND COMMENTS FOR DEVELOPMENT APPLICATIONS Application Number: LUPA #06-02, ZC #06-05, and GDP #270 to be known as Prairie Crossing IIl, by Prairie Crossing III, LLC ❑ No hydric soils exist on the site based on the Soil Survey ❑ Hydric soils exist on the site according to the Soil Survey. The property owner is responsible for identifying wetlands on the property and submitting the information as part of this application. ❑ A wetland delineation has been carried out for the property and is on file with the Planning Department. ❑ A wetland delineation is on file with the Planning Department and a No -Loss, Exemption, or Replacement Plan has been submitted to the Planning Department. ❑ A wetland related application has been approved by the City. This plan incorporates the approved wetland plan. ❑ No hydric soils exist on the property based on the Soil Survey. However, due to the location in the landscape, the property owner should examine the site for wetlands. The property owner is responsible for identifying wetlands. ® Other or Explanation: No wetland delineation has been completed and submitted to the city for this property. From John Harford Wetlands LGU Representative M The hand to reach for... DAVID A. KAPLER Fire Chief DATE: June 21, 2006 TO: Jennifer Garness, Planning FROM: R. Vance Swisher, Fire Marshal SUBJ: Land Use Plan Amendment #06-02, Zoning District Amendment #06-05, and General Development Plan #270 to be known as Prairie Crossing III, by Prairie Crossing Ill, LLC. With regard to the above noted project plan, the fire department has the following requirements: 1. An adequate water supply shall be provided for fire protection including hydrants properly located and installed in accordance with the specifications of the Water Division. Hydrants shall be in place prior to commencing building construction. a) The minimum fire flow for this commercial development area shall be no less than 2,500 gpm at 20 psi. The actual required fire flow per lot will be determined by the size and construction type of the buildings being proposed. 2. Streets and roadways shall be as provided in accordance with the fire code, RCO 31 and the Zoning Ordinance and Land Development Manual. Emergency vehicle access roadways shall be serviceable prior to and during building construction. a) Minimum street width shall not be less than 20 feet clear drivable width. b) Streets less than 32 feet in width shall be posted "No Parking" on one side of the street. Streets less than 26 feet in width shall be posed "No Parking" on both sides of the street. 3. All street, directional and fire lane signs must be in place prior to occupancy of any buildings. 4. All buildings are required to display the proper street address number on the building front, which is plainly visible and legible from the street fronting the property. Number size must be a minimum 4" high on contrasting background when located on the building and 3" high if located on a rural mail box at the public road fronting the property. Reflective numbers are recommended. c: Donn Richardson — RPU Water (e-mail only) Mark Baker — Rochester Public Works (e-mail only) Prairie Crossing III, LLC McGhie & Betts, Inc (e-mail only) c4K A ..NNEEpT*ry Minnesota Department of Transportation Y Q Minnesota Department of Transportation - District 6 ` 2900 48ih Street N.W. �lO`TM'�y Rochester, MN 55901-5848 June 27, 2006 Jennifer Gamess, Planning Department Rochester -Olmsted Planning Department 2122 Campus Drive Southeast -Suite 100 Rochester, MN 55904 2 Office Tel: 507-280-3188 Fax: 507-285-7279 E-mail: chris.moates@dot.state.mn.us RE: Land Use Plan Amendment 406-02, Zoning District Amendment #06-05, and General Development Plan (GDP) #270 to be known as Prairie Crossing III, by Prairie Crossing III, LLC. The applicant proposes to amend the Land Use Plan designated for approximately 47.67 acres of land from "low density residential' to "commercial" and to rezone the property from R-1 to B4 (General Commercial). The GDP identifies a future East Frontage Road to US 52 along with future locations and identifies the intent to develop the land with approximately 340,000 to 450,000 feet of commercial space. The property is located south of 75th Street Northwest along the east side of US 52. US 52, CS 5509 Dear Ms.Gamess: Minnesota Department of Transportation (Mn/DOT) District 6 staff has received the Land Use Plan Amendment #06-02, Zoning District Amendment #06-05 and General Development Plan #06-05 to be known as Prairie Crossing III. Our comments are included below: • The data provided indicated that drainage has been addressed with the designation of a regional pond and use of the highway right -of way. Mn/DOT will require district review of the overall Stormwater Management Plan to determine the drainage impacts to the TH 52 right of way. Please be aware that any changes or increase in drainage to the TH 52 right of way will require approval of a Mn/DOT District 6 permit. • We will continue to express our concern with approval of local developments prior to completion of the Northern Rochester Transportation Study. However, we are aware of the restrictions, placed by the City, requiring adequate public facilities in advance of the actual development. Please provide the Stormwater Management Plan to the Planning Office at your earliest convenience. If there are any questions, you may contact Debbie Pelsawa=Rement,— II e .n , Transportation Specialist at (507) 281-7777. r C-'!� Sincerely, ��-= ��Z: a:) Chris Moates District 6 Planning Director ME PUN 2 7 2335 cc: Nelrae Succio, Greg Paulson, Mike Schweyen, Kjersti Anderson, Tom Streiff Craig Hansen, Rhonda Prestegard, Debbie Persoon-Bement, File DOCS-#505106 GENERAL DEVELOPMENT PLAN Prairie Crossing III Prairie Crossing III is a proposed development located in the Northwest area of Rochester, MN. The property is surrounded by Highway 52 on the West, 75`h Street NW to the North, the Scott property to the east, and Prairie Crossing is located to the south. The following is a written summary of the General Development Plan in accordance with Appendix B E-3. a) Topographic or soils conditions which, in the estimation of the applicant, may create potential problems in street, drainage, public utilities or building design and construction, and how these problems will be investigated further or engineered to overcome the limitations. There are potential wetlands along the northern edge of the site, which will be further investigated and reviewed by the LGU. There are no anticipated problems with either the topography or sails that we estimate at this time. b) Storm drainage problems, which in the estimation of the applicant, may result in the increase of normal costs. The adjacent property owner and the City of Rochester are currently negotiating regional ponds to be located the east of the site. The ponds will service all runoff from the surrounding area. Temporary ponds may be needed as a short-term solution and will be addressed at the appropriate time in the design process. c) Identification of potential off -site drainage problems. With the re -construction of Highway 5Zand the new developments in the area, the drainage for this property has been addressed with the designation of a regional storm water pond on the adjacent property and also with in the right of way for the Highway. RECEIVED JUN 0 12006 ROCK. ESTER - OLMSTED Nlr(7hie r� RPttc Inc d) Availability of utilities to serve the area under construction. Water will be extended from Prairie Crossing to the north to serve the proposed development. A portion of the site can be served with sanitary sewer from the lift station located in the Northeast corner of Prairie Crossing. The remainder of the site will be served with sanitary sewer from the Northwest Territory trunkmain once the final design and construction are complete. e) Identification of possible erosion problems which may arise in the estimation of the applicant. There are no anticipated erosion problems on this site. All plans will be designed in accordance with both the NPDES permit process and also the City of Rochester grading plan requirements. f) A general statement as to the possible phasing of any development activity to occur on the property under the control of the applicant. Phase one of this development will be that which can be served on the existing lift station located in the northeast corner of the Prairie Crossing development. Phase two will be that which is served off of the Northwest Territory Sanitary Sewer trunkmain. RECEIVED Jura 101 12006 ROCHESTER- OLMSTED ' 'NN;NG DEPARTMENT Mrr'ihie T� Betts. Inc_ Pale 6 City Planning and Zoning Commission Minutes Hearing Date: June 28, 2006 Land Use Plan Amendment #06-02 Zoning District Amendment #06-05, and General Development Plan (GDP) #270 to be known as Prairie Crossing III, by Prairie Crossing III. LLC The applicant proposes to amend the Land Use Plan designation for approximately 47 67 acres of land from `low density residential" to "commercial' and to re -zone the property from R-1 to B-4 (General Commercial). The GDP identifies a future East Frontage Road to TH 52 along with future access locations and identifies the intent to develop the land with approximately 340,000 — 450,000 sq. ft. of commercial space. The property is located south of 75th Street NW along the east side of TH 52. Mr. John Harford presented the staff reports, dated June 21, 2006, to the Commission. The staff reports are on file at the Rochester -Olmsted Planning Department. The applicant's representative, Josh Johnson from McGhie and Betts, Inc. (1648 Third Avenue SE, Rochester MN 55904), addressed the Commission. He stated that the applicant is in agreement with the staff -recommended conditions. Mr. Hans Zietlow (residing at 1626 Oak Street, LaCrosse WI 54603) addressed the Commission. He stated that he was a real estate agent for Kwik Trip and that they own 20 acres of land across from Bandel Road. He stated that they would be submitting their plans for the same type of commercial development in the future. With no one else wishing to be heard, Mr. Burke closed the public hearing. Page 7 City Planning and Zoning Commission Minutes Hearing Date: June 28, 2006 applicable. .2. Controlled access will be required along the entire frpnte9es ot,TH 52 &,7 #1 St NW as shown: on the GDP, plus the entire frontage of the prQposs",,r:3k Fronts#e.Rvad with :the exception of the 4ccpss locations approved arttbet7511A#t prsasjO-thertnriseF approved by the C1ty Counal , {5 ;, 3. Water mains must be ndbNorked property to prav�da ad ktlows for Eire j rotection; and water quality and must be extended to: adjacent rrophrtiea 0,60he regbtrernent of Rochester Public Utljtties;, 4. Prior to,submtttai of a prehminaryp afor t1�is property; gra nC' evelotters, the . ,aopiicant shall aomp1gte a Wbtland delineatifile the delineatio LGtF� JP Pnor to Final Prat approval or and evelopment o f sit It is Ert��ot` r�ort shalt be cornpleted and deuelppment must be phased fo proyde Con4rrlertc6 tooth adequate pubhc #61littes iw i L,1-1 �4r, Q^ 6. This GDP shall lie revised tg identify'future pedestrian faCHitres aloe th existing. and future roads. -" OTHER BUSINESS: 1. As may be brought up with members Mr. Harford handed out a citizen planner questionnaire for the Commissioners to review. Mr. Harford stated that Phil Wheeler would be discussing Decorah Edge at the Commission's July 12, 2006 meeting. Mr. Harford stated that he would be bringing back the sign ordinance questions he has been working with Terry Adkins on. ADJOURN: Motion made by Mr. McGuine to adjourn, seconded by Ms. Wiesner. Mr. Burke, Chair, adjourned the meeting at 8:00 p.m. Respectfully Submitted: Philip H. Wheeler, AICP jig Mr. Jay Burke, Chair REQUEST FOR COUNCIL ACTION MEETING DATE: 7-17-06 4GENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING z _ ITEM DESCRIPTION: Amendment to the General Development Plan (GDP) #248, PREPARED BY: Southern Meadows John Harford, Senior Planner July 5, 2006 NOTE: As specified in the staff report the Planning Department recommendation is to approve but with a condition that the applicant provide a street connection to the south to the adjacent property. City Planning and Zoning Commission Recommendation: On June 28, 2006 the City Planning and Zoning Commission held a public hearing on this General Development Plan. The Commission reviewed this proposal according to the criteria listed in Paragraph 61.215 of the Zoning Ordinance and Land Development Manual, The Commission recommended approval subject to the following conditions: 1. This GDP shall be revised to identify the following: a. Pedestrian facilities (10' bituminous path) along the entire frontage of Pinewood Road. b. The temporary and longterm access across the controlled access for Pinewood Road SE, to the existing homes on Lot 15, Block ' f and the "Exception" lot in the northwest corner of the site shall be addressed in the Development Agreement. 2. There are inadequate on and off site public facilities, specifically Storm Water Management Facilities, and Pedestrian Facilities, to accommodate the development of this Property. The development must be phased - in in a manner consistent with the City's planned infrastructure improvements. No development will be allowed to occur for any phase, until the City Council has determined that public facilities are adequate for said phase of development. Alternatively, the developer may request to join with the City in making these inadequate public facilities adequate for this development, and may enter into a development agreement, prior to Final Plat Submittal, that outlines the developer's and City's obligations related, but not limited to: storm water management, transportation improvements, access control, pedestrian facilities, right-of-way dedication, contributions for public infrastructure, and the extension of public utilities to abutting properties where applicable. A Development Agreement has been drafted for the Property but to date has not been signed by both Owners. The Agreement will need to be modified to address changes in the proposed development and signed by all Owners prior to Final Plat submittal. 3. Parkland dedication shall be met via cash in lieu of land per the October 20, 2004 memorandum from Rochester Park and Recreation. 4. At the time of platting, controlled access shall be dedicated along the entire frontage of Pinewood Road, except for any approved public road access locations. The "Exception" property in the northwest corner of this development, shall remove the direct access to Pinewood Road which shall be addressed through the Development Agreement. COUNCIL ACTION: Motion by: second by: to: Page 2 \� RCA July 11, 2006 5. At the time of platting, and development, utilities will need to be extended to adjacent properties per the City's requirements. Ms. Weisner moved to recommend approval of General Development Plan #248 to be known as Southern Meadows with changes to the staff -recommended findings and conditions as noted above. Ms. Rivas seconded the motion. The motion carried 8-0. Council Action Needed: 1. The Council may approve, approve with conditions, or deny the general development plan. The Council must make findings based on the criteria listed in Paragraph 61.215. 2. If the Council wishes to proceed with the general development plan as proposed, you should instruct the City Attorney to prepare a resolution for Council approval. Attachments: 1. Staff Report dated June 20, 2006 2. Draft Minutes of the June 28, 2006 CPZC Meeting 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 Wednesday, July 17, 2006 in the Council/L.. Chambers in the Government Center at 151 4th Street SE. N Olmsted County is not responsible for ommissions or errors contained herein. If discrepancies are found within this map, please notify the GIS Division, Rochester -Olmsted County Planning Department, 2122 Campus Drive SE, Rochester, MN 55904. (507) 285-8232. —��0 ft. Notification Area of property located in the Pt SW 1/4 Sec 17 Marion TWP Amendment to General Development Plan #248 and Preliminary Plat #04-43 known as Southern Meadows (formerly Meilander Subdivision) Amendment to GDP #248 and Prel. Plat #0443 by Tom Meilander, Perry and Jodi Kronebusch PINS: 63.17.32.036435: 63.17.32.051733 Neighborhood Assoc: None Council Ward 1 (Amy Blenker) 6/08M6 20 -•R/ONRo � AN Olmsted County is not responsible for ommissions or errors contained herein. If discrepancies are found within this map, please notify the GIS Division, Rochester -Olmsted County Planning Department, 2122 Campus Drive SE, Rochester, MN 55904, (507) 285-8232. V 'f RO[:HESTER-OLMSTED PL_MNNING DEPARTMENT 6 2122 Campus Drive SE, Suite 100 • Rochester. MN 55904-4744 COUNT' 0, www.olmstedcounty.com/planning TO: City Planning and Zoning Commis ion FROM: John Harford, Senior Planner 11 DATE: June 20, 2006 J +►' �iiiira �peplA�tua�!+� Nr.1yv.�s, pavn,�wwii� RE: Amendment to General Development Plan #248 to be known as Southern Meadows AND to Land Subdivision Permit (Preliminary Plat) #04-43 known as Southern Meadows by Tom Meilander and Perry and Jodi Kronebusch. The applicants propose to amend the GDP and Plat to eliminate roadway connections between the two properties and also to eliminate a roadway connection to the abutting property to the north. Roadways within the development are also proposed be changed from public roads to private roads. The applicants are also requesting approval of a Substantial Land Alteration for the project, to allow for a cut or fill on the site that would change the pre-existing grade by 10 feet or more on a portion of the site. The property is located along the south side of Pinewood Road, west of 34th Ave SE and is legally described as Lots 54 and 58 Auditors Plat "E". Planninq Department Review. Applicant/Owner: Tom Meilander 3900 55' St., NW Rochester, MN 55901 .Perry and Jodi Kronebusch 3900 55th St., NW Rochester, MN 55901 Consultants: McGhie & Betts, Inc. 1648 3rd Avenue SE Rochester, MN 55904 Size and Location: The property is located south of Pinewood Road SE and west of 341h Ave. SE. The Plan proposes new public roads and 26 single family BUILDING CODE 507/285-8345 • GIS/ADDRESSINGIMAPPING 5071285-6232 • HOUSING/HRA 507/285-8224 PLANNING20NING 5071285-8232 • WELUSEPTIC 507/285-8345 FAX 5071287-2275 C AN EQUAL OPPORTUNFY/AFFIRMATIVE ACTION EMPLOYER �3 \� Page 2 General Development Plan June 23, 2006 lots and two outlots. The property is legally described as Lots 54 and 58 Auditor's Plat "E". Existing Land Use: The property currently consists of two platted lots, with single family homes on them. Proposed Use: The applicant is proposing to develop 10 acres of land located south of Pinewood Road SE and west of 34"' Ave. SE. The Plan proposes two new private roads and 26 single family lots. Land Use Plan: The Rochester Urban Service Area Land Use Plan designates this property as "Low Density Residential". Zoning: The property was annexed in 2004 and is zoned R-1 on the City of Rochester Zoning Map. Streets: This Plan proposes two private roadways to serve the development each with access to Pinewood Road, SE. The private streets are located on outlots. This GDP must be reviewed under the newly adopted Transportation Plan which was adopted in August, 2005 after the original GDP was approved by the City Council. In the previous city review of the GDP and plat in 2004, the city required that the westerly street provide a connection to the south to allow for connection for future development of the properties. The applicant has chosen to create private streets precluding the possible connection to the south. Sidewalks: In addition, a 10' wide bituminous path is required along Pinewood Road. Drainage: This site generally drains from south to north. Detailed grading and drainage plans will be required when the property is platted or developed. The southerly half of the property is steep with approximately 15% natural grades. Wetlands: According to the Soil Survey, no hydric soils exist on this property. The property owner is, however, responsible for identifying wetlands. Due to the location in the landscape, the property owner should examine the site for wetlands. Public Utilities: Utilities have been extended to serve this area, through the Water Quality Protection Program. As the site is developed, the utilities will need to be extended to adjacent lands. Parkland Dedication: Parkland dedication requirements for this development need to be satisfied via cash in lieu of land. Referral Comments: 1. Rochester Public Works 2. RPU Water Division 3. Wetlands LGU 4. Rochester Fire Department 5. Planning Department - Transportation Planner i Page 3 General Development Plan June 23, 2006 Report Attachments: 1. Proposed General Development Plan & Narrative 2. Referral Comments Staff Suggested Findings and Recommendation: Paragraph 61.215 of the Rochester Zoning Ordinance and Land Development Manual lists the criteria for approval of a general development plan. Staff suggested findings are in bold italics print. Criteria A. The proposed land uses are generally in accord with the adopted zoning map. If the general development plan is being processed concurrently with a rezoning request, the general development plan and the rezoning request must be consistent with the comprehensive plan. If the general development plan is being processed concurrently with an amendment to the land use plan map and a rezoning request, the land use plan map amendment, rezoning request and general development plan must be consistent with the policies of the comprehensive plan. If there is inconsistency between these documents, the means for reconciling the differences must be addressed. The Rochester Urban Service Area Land Use Plan identifies this property as "Low Density Residential" and the property is zoned R-1 (Mixed Single Family) on the City of Rochester Zoning Map. This GDP proposes a low density residential development. 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. Proposed lot size, and density appear consistent with the land use designation and R-1 zoning for the property. The cul-de-sac's will generate, on average, 140 and 160 trips per day which is less than the maximum standard of 300 trips as addressed in Sec 64.127 . The proposed number of lots and resulting traffic does not exceed the standards of Section 64.127 regarding street connectivity. The private streets do not provide for access to the adjacent property upslope and to the south. The previous GDP proposed public roads and the staff recommended, as did the CPZC, that road right-of-way be extended to the south property line in the vicinity of the proposed Lot 6. A stub street is in place in Pinewood Ridge subdivision to the west that connects to the main and only street serving that subdivision. Additional access may be available In the future from the east given the platted street in the Vandal's and Boyer's 1`t subdivisions and undeveloped lands. A 'Local Collector" street is planned for the properties to south of this proposed development that may provide another alternative access to the property south of this proposal. 2 Page 4 �}( General Development Plan June 23, 2006 However, given the lack of existing street connections and the limited potential for access this subdivision should provide for a connection to the south from one of the two cul-de-sacs. The Transportation Plan Local Street Development Guidelines specify that development utilizing single traffic outlets should be limited to situations where topography, lack of connection opportunity, or compromising the existing street functions applies. This site does not meet any of these guidelines. Criteria C. The mix of housing is consistent with adopted Land Use and Housing Plans. This Plan proposes single family home development. The Rochester Urban Service Area Land Use Plan designates this property as appropriate for "low density residential' uses. Uses proposed on the property would be consistent with the current land use and zoning designation. This development could help to further goals and policies found within Chapter 3 of the Housing Plan to increase the supply of housing. 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. The GDP shows the 40 feet for road dedication along Pinewood Road. A pedestrian path is required along Pinewood Road that will need to be identified on the plan. 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-, The Plan does reflect the needed right-of-way for Pinewood Road. Additionally, a pedestrian path is required along Pinewood Road that will need to be identified. The developer proposes two private streets that are adequate for the number of dwellings proposed but will not provide connection beyond the subdivision. Neither topography nor compromised local street function applies to this Page 5 General Development Plan June 23, 2006 site as expressed In the Transportation Planner review of the project. 2. Utilities are now available to directly serve the area of the proposed land use, or that the City of Rochester is planning for the extension of utilities to serve the area of the proposed development and such utilities are in the first three years of the City's current 6-Year Capital Improvements Program, or that other arrangements (contractual, development agreement, performance bond, etc.) have been made to ensure that adequate utilities will be available concurrently with development. If needed utilities will not be available concurrent with the proposed development, the applicant for the development approval shall stipulate to a condition that no development will occur and no further development permit will be issued until concurrency has been evidenced. Utilities have been extended to serve this area, through the Water Quality Protection Program. As the site is developed, the utilities will need to be extended to adjacent lands. This site generally drains from south to north. Detailed grading and drainage plans will be required when the property is platted or developed. 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. A 10' wide bituminous path is required along the entire frontage of Pinewood Road. Parkland dedication for this development will need to be met via cash in lieu of land. 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 generally drains from south to north. Detailed grading and drainage plans will be required when the property is platted or developed. A Substantial Land Alteration permit has been requested for a portion of the proposed Lots 10-12 and Outlot 'A'. 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. The Decorah Shale formation is located upgradient of the site based on the Geologic Atlas. i Page 6 General Development Plan June 23,2006 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. The Rochester Urban Service Area Land Use Plan identifies this property as "Low Density Residential " and the property is zoned R-1 (Mixed Single Family) on the City of Rochester Zoning Map. This GDP proposes a low density residential development. The Plan reflects the need for a total dedication of 40' of right-of-way and will also need to reflect future dedication of controlled access along Pinewood Road, except for the approved access openings. Additionally, a pedestrian path is required along Pinewood Road that will need to be identified. The two proposed private streets discourage through traffic and are relatively short in length and provide adequate access for the number of lots proposed for each street. However, the private cul-de-sacs do not provide for connectivity to other lands currently undeveloped and without direct access to an existing public street. Recommendation: Staff recommends approval subject to the following conditions and/or modifications: 1. This GDP shall be revised to identify the following: Pedestrian facilities (10' bituminous path) along the entire frontage of Pinewood Road. • Access from the existing homes on proposed Lot 15 of this GDP and the "Exception" in the northwest part of the site will need to be from the new private streets serving the development, and removed from Pinewood Road SE. The Plan shall be revised to identify this as a future modification. • Extend one of the two cul-de-sacs to the south property line to allow for a street connection for future development. (This modification will likely result in the connecting street to become public which will require a dedication of right of way and conformance with right of way width and public improvements.) 2. There are inadequate on and off site public facilities, specifically Storm Water Management Facilities, and Pedestrian Facilities, to accommodate the development of this Property. The development must be phased -in in a manner consistent with the City's planned infrastructure improvements. No development will be allowed to occur for any phase, until the City Council has determined that public facilities are adequate for said phase of development. Alternatively, the developer may request to join with the City in making these inadequate public facilities adequate for this development, and may enter into a development agreement, prior to Final Plat Submittal, that outlines the developer's and City's obligations related, but not limited to: storm water management, transportation improvements, access control, pedestrian facilities, right-of-way dedication, contributions for public infrastructure, and the extension of public utilities to abutting properties where applicable. A Development Agreement has been drafted for the Property but to date has not been signed by both Owners. The Agreement will need to be modified to 9 Page 7 General Development Plan June 23, 2006 address changes in the proposed development and signed by all Owners prior to Final Plat submittal. 3. Parkland dedication shall be met via cash in lieu of land per the October 20,2004 memorandum from Rochester Park and Recreation. 4. At the time of plaiting, controlled access shall be dedicated along the entire frontage of Pinewood Road including the "Exception" property in the northwest corner of this development, except for any approved public road access locations. 5. At the time of platting, and development, utilities will need to be extended to adjacent properties per the City's requirements. SMOOJJW NGHMOS Nyld 1N3Y4d013A34 _Md3N39 ° W o y oLL®x N TL S J VZ O_. Q U '3 'S '3 A V H 1 V C OBRS T 15a1j SIVJNVA p} O'0 ize'sfil anal � / � J � NO[id3OX3 l gA 96 .*aim 3.L£.1040N I (1 � le 24 J OP i 4 col er 1 -Ir d3�x3 � r ti 0 3.izrLms 1 � N O } O O N p z Q W f � F Z~ W N OJ W a W W OJW Q O= O w O N Q J O J O D W^ W LillF W a m m FO U O0 > Q Z Z Rochester Minnesota Land Surveying Urban - Land Planning Consulting - Civil Engineedng Geotechnical Engineering Construction Material Testing Landscape Architecture r LJ •1648 Third Avenue S.E. Rochester, MN 55904 Tel 507.289.3919 Fax. 507.289.7333 May 31, 2006 Members of the Planning and Zoning Commission c/o Ms. Mitzi Baker 2122 Campus Drive SE Rochester, MN 55904 RE: Amended General Development Plan and Revised Preliminary plat for Southern Meadows Dear Planning and Zoning Commission Members: On behalf of our clients, DTH Properties, Inc., and Pinewood Homes, LLC, we submitting the Amended General Development Plan and the Revised Preliminary plat for Southern Meadows Subdivision. Over the course of the last two years, we have been working through the approval process and have actually submitted the final plat for phase I of Southern Meadows. During this process, it was determined that the cost of construction for the project was too high to keep these smaller style lots in an affordable and or even marketable range in comparison to what is also being developed in the larger context of this neighborhood. Therefore, we have removed the final plat application from the review process. The revised layout for the project changes the roads from public to private. There are now two cul-de-sacs instead of a looping street with one cul-de-sac and a connection to the property to the south. The private street system is less restrictive in the design standards while still incorporating the utility connections and stormwater needs that Rochester Public Works requires. By using the private street design, we are able to decrease the construction costs to a point where the project becomes feasible and affordable to build. The revised layout does not provide any connections to the adjacent properties like the original design, however, the property to the south (Vandal Property) does have a public road access connection to Pinewood Ridge on the west, an access easement from Pinewood Road SE that is located on top of a former township road, and also has access to 34 Avenue SE on the East via an access easement. With the conversion from public streets to private and the addition of a homeowner's association for the maintenance of those along with the current access that is available to the Vandal Property, we do not feel that there is a need for the road connection froth the Southern Meadows Development. Our clients appreciate your time and understanding on this project, and if you have any questions or comments, please feel free to contact me. Yours very truly, 7hie Joshua J. Johnson, ASLA RE(-EIVED PC Tom Meilander Perry and Jodi Kronebusch j ?t�(j r�M.AY Greg Haltrnan � tb, e-mail. mbi@mcghiebetts.mrr Established 1g46 o� Memorandum TO: Development Review Staff, Rochester Olmsted Planning Department From: Muhammad F Khan, Senior Transportation Planner Date: 6/22/2006 Re: GENERAL DEVELOPMENT PLAN # 248, Southern Meadows (formerly known as Meilander Subdivision) BACKGROUND The property is located along the south side of Pinewood Road, west of 34' Ave SE. The GDP # 248 for Meilander Subdivision was reviewed by the Transportation Division in October 2004 under the City of Rochester Land Development Manual for consistency with the policies and guidelines found in the Old Thoroughfare Plan. Rochester -Olmsted Council of Governments (ROCOG) 2035 Long Range Transportation Plan' has been adopted by ROCOG on August 8, 2005 and recognized as part of the City's Comprehensive Plan. This current review will address each of the key issue areas found in the adopted Transportation Plan that could influence decisions regarding the appropriateness of the amended General Development Plan # 248 and its design. The ROCOG 2035 Long Range Transportation Plan recognizes Pinewood Road as Primary Urban Collector on Functional Designation Map and the Street Design Classification Map shows this road as 2 lane undivided primary urban collector. The projected traffic on Pinewood Road is 3,000 in 2035 as per the ROCOG travel demand model. The Long Range Bikeway Plan recognizes the future bike path along one side of Pinewood Road. REVIEW OF THE DEVELOPMENT System Planning, Traffic Management, Connectivity, and Access Management Two primary access points are proposed from Pinewood Road SE. One access on the west will be serving 14 lots and the second access will serve the rest 12 lots. It is estimated that total 26 lots will send 260 daily trips on Pinewood Road. The access on the west will roughly generate 140 daily trips at the rate of 10 trips per single family housing unit. Other access on the east will serve 12 units and will roughly generate 120 daily trips. ' ROCOG 2035 Long Range Transportation Plan, August 2005: The Rochester -Olmsted Council of Governments (ROCOG) 2035 Transportation Plan provides a comprehensive look at anticipated system development in Olmsted County for the next 25-30 years. The Plan is organized around four primary transportation networks: Road & Bridge Network, Non -Motorized Travel Network, Public Transit Services and Commercial Freight and Passengers Transportation. 3" tD June 22, 2006 The ROCOG 2035 Long Range Transportation Plan provided the following Local Street Development Guidelines and implementation directions. Figure 1 shows the best practice as far as street connectivity is concerned. Strategy 1: Local land development codes should incorporate guidelines that promote the connectivity of local area streets systems to provide for o The connectivity of adjacent neighborhoods; o the connectivity of neighborhoods to nearby schools, parks and neighborhood services via the local street system, thereby keeping short local trips off the major street network, o multiple connections for neighborhood residents to the major street system; o good emergency service accessibility; o Accessibility and efficient travel routing far school buses, public transit and services such as mail and waste removal services. Strategy 2: Local street designs should provide a high level ofpedestrian accessibility by ensuring that walkways along the shortest, most direct routes are provided to nearby commercial services, schools, parks and other existing or planned neighborhood destinations, and that this access is available without having to leave the neighborhood to use walkways along the major street network Strategy3: Development utilizing single traffic outlets, such as cul-de-sacs or closed loop systems, should be limited to situations where 1) topography or lack of connection opportunity to existing development prevents street connections, or 2) where connections would compromise local street functions. There are about 145 acres of undeveloped land that has no direct access to a public road south of the Southern Meadows subdivision. Some wetlands issues in the vicinity that might have to be addressed. An adequate connection between the adjacent lands is very important for the purpose of connectivity and future traffic management Figure 1 STREETS ARE NOT 9NTERCONNECTEL • Ft}aaesses aallgesliah aloM p•derriet& roads X111s traMing trace hCM A to Il; have to be [$Hven Gm alles more Coffl lcts and Cuirrfi potential, STREETS ARE MnRCOINECTEp ■ Reaiderds have choices to aavea8 atteriala FUdt Cali walk attar hoftle A 10 B 0 Kids aaftwalk orhiketasched moresately €asy acoass ro rielghbarhood stets • More a ficierir For smut pWMrrg • F�siar a=eyt for aaa+gel �yvchicles s Fee'3-r�rg,c}r,eigt,6afi40d. N June 22, 2006 To meet the requirements of Long Range Transportation Plan as described in the previous section, we need to follow Local Street Development Guidelines and implementation directions included in the Plan. The design of local street systems should provide connectivity as illustrated in Figure 1. The amended GDP # 248 need to be revised to show: a) an adequate number of connections between adjacent parcels of land; b) an adequate internal street system connectivity to disperse traffic to neighborhood destinations/services as well as to major street system connections points, and provide more route options for non -motorized travelers. Street connection and spacing guidelines in the Long Range Transportation Plan provides guidelines for permitted access connections and connection limitations. The proposed GDP shows two access points at Pinewood Road SE that may be OK if appropriate spacing is provided between the proposed access points and already existing access points on the east/west sides of the proposed two access point. The Street Design Classification Map and Functional Classification Map recognize Pinewood Road SE as 2 Lanes un-divided Primary Urban Collector. Table 4-12-c shows the guidelines for Local Street and Driveway Spacing. The Local Street and Driveway Spacing guidelines (Table 4-12-c of Long Range Transportation Plan) recommends minimum of 330 feet spacing between the two access location on Primary Urban Collector in developing urban zone. SUMMARY OF CONCLUSIONS 1. In summary, an adequate number of connections between the proposed development and an adjacent 145 acres of land would be required from transportation point of view. The proposed amendment shows no connection to the land on its west or south. At least one connection to south properties would be required by extending any one of two proposed Cul-de-sac as shown in Figure 2. 2. AS per the Long Range Transportation Plan, development utilizing single traffic outlets, such as cul-de-sacs or closed loop systems, should be limited to situations where topography or lack of connection opportunity to existing development prevent street connections, or 2) where connections would compromise local street functions. If there is any limitation due to those reasons that have to be determined by the City Public Works Department before final decision is made on the GDP amendment. Figure 2 shows one way of achieving connectivity requirement. ROCHESTER TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker [Vs DEPARTMENT OF PUBLIC WORKS 2010 Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 `,ia this d"'"' r " A10 ft wide bituminous pedestrian path is required along the entire frontage of Pinewood Rd SE. 6. Execution of a City -Owner Contract is required prior to construction of any public infrastructure within this development. 8. Preliminary Construction Plan comments will be provided separately to the Developer's Engineer. Development related charges are addressed in the Development Agreement and may include but are not limited to the following estimates (rates through 7/31/06 unless otherwise specified): Sewer Availability Charge (SAC J9598) @ $2,938.58 [includes downstream component] S Water Availability Charge (WAC J9603) @ $2098.99 per developable acre Sanitary Sewer & Watermain Connection Charges (J9836) @ $6630 per ft of frontage along Pinewood Rd SE (if paid by 511/071 Substandard Street Reconstruction / TID, as specified in the Development Agreement :. Storm Water Management @ 2593.19 per developable acre First Seal Coat — NA, no public streets Pedestrian Ramps — NA, no public streets Street Signs — TBD C:\Documents and Settingslplasfost\Local Setfings\Temporary Internet Files1OLK1C\PP04-43 GDP248 Southern Meadows REVISED 6-06.doc ROCHESTER TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DATE: 11/24/04 REVISED APPLICATION COMMENTS 6/16/06 DEPARTMENT OF PUBLIC WORKS 201 4" Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the REVISED application for PP#0443 and GDP#248, for the proposed Southern Meadows development. The following are Public Works comments on the Preliminary Plat proposal FROM 11/24/04. New comments are indicated in BOLD, while comments that are no longer applicable are indicated with STPJKLZTHROU 1. There are inadequate on and off site public facilities, specifically Storm Water Management Facilities and Pedestrian Facilities, to accommodate the development of this Property. The development must be phased -in in a manner consistent with the City's planned infrastructure improvements. No development will be allowed to occur for any phase, until the City Council has determined that public facilities are adequate for said phase of development. Alternatively, the developer may request to join with the City in making these inadequate public facilities adequate for this development, and may enter into a development agreement, prior to Final Plat submittal, that outlines the developer's and City's obligations related, but not limited to: stormwater management, transportation improvements, access control, pedestrian facilities, right-of-way dedication, contributions for public infrastructure, and the extension of public utilities to abutting properties where applicable. A Development Agreement has been drafted for the Property but to date has not been signed by both Owners. The Agreement will need to be modified to address changes in the proposed development and signed by all Owners prior to Final Plat submittal. 2. Grading & Drainage Plan approval is required prior to Final Plat submittal. 3. Dedication of Controlled Access is required along the entire frontage of Pinewood Rd SE, with the exception of any approved public road access locations. Temporary access to Pinewood Rd SE, across the controlled access, for the existing two homes (including the "Exception" property in the northwest corner of this development) is ••-.'„� be addressed in the Development Agreement. C:\Documents and Settings\plasfost\Local Settings\Temporary Internet Files\OLK1 C\PP04-43 GDP246 Southem Meadows REVISED 6-06.doc tol The hand to reach for.. DAVID A. KAPLER Fire Chief DATE: June 21, 2006 TO: Jennifer Gayness, Planning FROM: R. Vance Swisher, Fire Marshal SUBJ: Amendment to General Development Plan #248 to be known as Southern Meadows and to Land Subdivision Permit 904-43 know as Southern Meadows by Tom Meilander and Perry and Jodi Kronebusch. With regard to the above noted project plan, the fire department has the following requirements: 1. An adequate water supply shall be provided for fire protection including hydrants properly located and installed in accordance with the specifications of the Water Division. Hydrants shall be in place prior to commencing building construction. a) The minimum fire flow for this residential development area shall be no less than 1,000 gpm at 20 psi. 2. Streets and roadways shall be as provided in accordance with the fire code, ROO 31 and the Zoning Ordinance and Land Development Manual. Emergency vehicle access roadways shall be serviceable prior to and during building construction. a) Minimum street width shall not be less than 20 feet clear drivable width. b) Streets less than 32 feet in width shall be posted "No Parking" on one side of the street. Streets less than 26 feet in width shall be posed "No Parking" on both sides of the street. c) Minimum cul-de-sac diameter shall not be less than 70 feet in diameter d) Cul-de-sacs less than 96 feet in diameter shall be posted "No Parking". 3. All street, directional and fire lane signs must be in place prior to occupancy of any buildings. 4. All buildings are required to display the proper street address number on the building front, which is plainly visible and legible from the street fronting the property. Number size must be a minimum 4" high on contrasting background when located on the building and 3" high if located on a rural mail box at the public road fronting the property. Reflective numbers are recommended. c: Donn Richardson — RPU Water (e-mail only) Mark Baker— Rochester Public Works (e-mail only) Tom Meilander Perry and Jodi Kronebusch McGhie & Betts, Inc (e-mail only) 9Rochester-Olmsted Planning ,partment Phone: (507) 285-8232 GIS/Addressing Division Fax: (507) 287.2275 2122 Campus Drive SE, Suite 100 Rochester, MN 55904-4744 GENERAL DEVELOPMENT PLAN REFERRAL RESPONSE DATE: June 15, 2006 TO: Jennifer Garness; Stephanie Foster FROM: Randy Growden GIS/Addressing Staff Rochester -Olmsted County Planning Department CC: RE: SOUTHERN MEADOWS GENERAL DEVELOPMENT PLAN *248 A review of the GDP has turned up the following ROADWAY or ADDRESS related issues: 1. Upon review of SOUTHERN MEADOWS the GIS / Addressing staff has found no issues to bring forth at this time. rMY4f-� we pledge, we dr1irer June 8, 2006 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Amendment to GDP #248 to be known as Southern Meadows and Revised Preliminary Plat #04-43 by Tom Meilander and Perry & Jodi Kronebusch known as Southern Meadows. Dear Ms. Gayness: Our review of the referenced preliminary plat is complete and our comments follow: 1. An additional 20' public utility easement is needed for the required 8" water main stub -out to the property to the south in the approximate location of the common lot line between Lots 6 and 7, Block 1. The exact location should be coordinated with the adjacent property owner. 2. Static water pressures within this area will range from the 72 PSI to 84 PSI. 3. Other minor revisions to the proposed water system layout are required. We have provided the applicant's engineering fnm with these comments. Please contact us at 507-280-1500 if you have questions. Very truly yours, "4A 1` Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Bureau Gary Schick, Building & Safety Greg Bond, McGhie & Betts, Inc. Tom Meilander Perry & Jodi Kronebusch 0 / Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 i wr plydp, wr drlia�rr DATE: June 8, 2006 TO: Jennifer Garness, Planning Dept. Rochester -Olmsted Planning Dept. FROM: Bill Cook Environmental & Regulatory Affairs SUBJECT: General Development Plan #248 — Southern Meadows. RPU's Field Services Division has completed a review of the above -referenced plan. The planned activity does not directly affect any of our current Drinking Water Supply Management Areas. Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 J lk� ROCHESTER PARK AND RECREATION ;. DEPARTMENT MEMORANDUM Our 100th Year DATE: 6/5/2006 TO: Jennifer Garness Planning SUBJECT: SOUTHERN MEADOWS Subdivision General Development Plan #248 The ± 29 acre development will have a parkland dedication requirement of ± 0.63 acres. The Park Department recommends that dedication be in the form of cash in lieu of land. 201 FOURTH STREET SE ROCHESTER MN 55904-3769 TEL 507.281.6164 FAX 507.81.6165 Page 2 City Planning and Zoning Commission Minutes Hearing Date: June 28, 2006 Amendment to General Development Plan #248 to be known as Southern Meadows AND to Land Subdivision Permit (Preliminary Plat) #04-43 known as Southern Meadows by Tom Meilander and Perry and Jodi Kronebusch The applicants propose to amend the GDP and Plat to eliminate roadway connections between the two properties and also to eliminate a roadway connection to the abutting property to the north Roadways within the development are also proposed be changed from public roads to private roads The applicants are also requesting approval of a Substantial Land Alteration for the project to allow for a cut or fill on the site that would change thepre-existing rade by 10 feet or more on a portion of the site. The property is located along the south side of Pinewood Road, west of 34th Ave SE and is legally described as Lots 54 and 58 Auditors Plat "E" Mr. John Harford presented the staff reports, dated June 20, 2006 and June 21, 2006, to the Commission. The staff reports are on file at the Rochester -Olmsted Planning Department. Mr. Harford stated that Ms. Baker discussed with him the need to add two conditions of approval for the Substantial Land Alteration. These include: The Rochester Public Works Department will need to review and approve the grading and drainage plan for this work. This plan must accommodate permanent and interim erosion and sediment control. Page 3 City Planning and Zoning Commission Minutes Hearing Date: June 28, 2006 �L3 2. Surety will need to be provided that guarantees the site will be fully restored after the completion of the excavation activity. This surety can be provided through the owner - contract process for this development. If grading is to occur prior to an owner -contract, a separate surety will need to be provided. Discussion ensued regarding access and private roadways changing into public roadways. The applicant's representative, Josh Johnson from McGhie and Betts, Inc. (1648 Third Avenue SE, Rochester MN 55904), addressed the Commission. He made the following comments: • A Development Agreement will be signed. The agreement discusses how and when the driveways will go away. • GDP condition 1)b reworded to match the language of the preliminary plat condition. • The Vandel property has three access options (Pinewood Ridge Subdivision, easement from Pinewood Road, and easement from 34ah Avenue). • He requested that the condition to change the private roadways to public be removed. He explained how forcing the private roadways to become public affect the spacing of access points. Mr. Johnson discussed the proposed layout and the reasons for the revision. Mr. Burke asked if utilities would be extended to the south. Mr. Johnson responded yes, but they didn't get them in the preliminary plat design yet. Mr. Burke asked if the roadways would be maintained by an association. Mr. Johnson responded yes. Mr. Burke stated that a variance was granted on the building in the easterly cul-de-sac. He asked if the house was on the same lot as the accessory building. Mr. Johnson responded yes. Mr. Burke questioned what would happen if there is an accessory building on a single family lot. Mr. Harford responded that is why the variance was granted. The variance allows for the building to remain and be a separate lot at the time of platting. The applicant, Tom Meilander (residing at 2919 Pinewood Ridge Drive SE, Rochester MN 55904), addressed the Commission. He handed out pictures of the type of houses he plans to build (retro look). With no one else wishing to be heard, Mr. Burke closed the public hearing. Rfvas r. ��X Page 4 City Planning and Zoning Commission Minutes Hearing Date: June 28, 2006 Page 5 L City Planning and Zoning Commission Minutes Hearing Date: Tune 28, 2006 Ms 9� o ber-contractrprocess for this developrnent: rt gradma rs to occur prior to an owner -contract, a separate surety wilt-needto,,be provrded. MEETING 0 SECTION: PUBLIC HEARINGS REQUEST FOR COUNCIL ACTION 1151w:�uutce1 ITEM DESCRIPTION: Preliminary Plat #04-43 by Tom Meilander and Perry and Jodi Kronebusch to be known as Southern Meadows. The applicants propose to amend the Plat to eliminate roadway connections between the two properties and also to eliminate a roadway connection to the abutting property to the south. Roadways within the development are also proposed to be changed from public to private roads. The applicants are also requesting approval of a Substantial Land Alteration for the project, to allow for a cut or fill on the site that would change the pre-existing grade by 10 feet or more on a portion of the site. The property is located along the south side of Pinewood Road, west of 341h Ave SE and is legally described as Lots 54 and 58 Auditors Plat "E". DATE: 7-17-06 E-5 PREPARED BY: John Hanford, Senior Planner July 5, 2006 0 G477"a..ro F L KMA ir�P NOTE: As specifiesinthe , staff report the Planning Department recommendation is t prove but with a condition that the applicant provide a street connection to the south to the adjacent property. Planning and Zoning Commission Recommendation: On June 28, 2006 the City Planning and Zoning Commission held a public hearing on this preliminary plat and substantial land alteration. The Commission reviewed this proposal according to the criteria listed in Paragraph 61.225, 62.1105 and 61.146 of the Zoning Ordinance and Land Development Manual. The Commission recommended approval subject to the following conditions: f. The Plat shall be revised: a. Dedicating an additional utility easement (10'on either side of the pipe) for the water main between Lot 6 and 7, Block 1. b. Dedicating a 10' wide utility easement along all lot lines adjacent to the private roadways. 2. Provision of pedestrian facilities, in the form of a 10' wide bituminous pedestrian path along the entire frontage of Pinewood Road SE. 3. Dedication of parkland and the exchange of parkland shall be handled in the form outlined in the November 16, 2004 Memorandum from the Rochester Park and Recreation Department, and as amended based on the number of dwelling units. 4. No parking shall be permitted and shall be posted "No Parking" one side of each cul-de-sac based on the comments by the Fire Department. 5. There are inadequate on and off site public facilities, specifically Storm Water Management Facilities and Pedestrian Facilities, to accommodate the development of this Property. The development must be phased -in in a manner consistent with the City's planned infrastructure improvements. No development will be allowed to occur for any phase, until the City Council has determined that public facilities are adequate for said phase of development. Alternatively, the developer may request to join with the City in making these inadequate facilities adequate for this development, and may enter into a development agreement, prior to Final Plat submittal, that outlines the developer's and the City's obligations related to, but not limited to: stormwater management, transportation improvements, access control, pedestrian facilities, right-of-way dedication, contributions for public infrastructure, and the extension of public utilities to abutting properties where applicable. A Development Agreement has been drafted for the Property but to date has not been signed by both Owners. The agreement will need to be modified to address changes in the proposed development and signed by all Owners prior to Final Plat submittal. COUNCIL ACTION: Motion by: Second by: to: Page 2 RCA July 11, 2006 6. The temporary and long term access across the controlled access for Pinewood Road SE, to the existing homes on tot 15, Block'l and the "Exception" lot in the northwest corner of the site shaft be addressed i the Development Agreement. The City Planning and Zoning Commission recommended approval of the proposed Substantial Land Alteration with two conditions: 1. The Rochester Public Works Department will need to review and approve the grading and drainage plan for this work. This plan must accommodate permanent and interim erosion and sediment control. 2. Surety will need to be provided that guarantees the site will be fully restored after the completion of the excavation activity. This surety can be provided through the owner -contract process for this development, if grading is to occur prior to an owner -contract, a separate surety will need to be provided. Ms. Wiesner moved to recommend approval of the amended Preliminary Plat #04-43 to be known as Southern Meadows with changes to the staff -recommended findings and conditions as noted above. Ms. Rivas seconded the motion. The motion carried 8-0. 1. The Council may approve, approve with conditions, or deny the preliminary plat. The Council must make findings based on the criteria listed in Paragraph 61.225. 2. If the Council wishes to proceed with the preliminary plat as proposed, you should instruct the City Attorney to prepare a resolution for Council approval. Ms. Wiesner moved to recommend approval of Substantial Land Alteration with findings and conditions as noted above. Ms. Rivas seconded the motion. The motion carried 8-0. 3. The Council may approve, approve with conditions, or deny the preliminary findings based on the criteria fisted in Paragraph 61.146 and 62.1105. plat. The Council must make 4. If the Council wishes to proceed with the preliminary plat as proposed, you should instruct the City Attorney to prepare a resolution for Council approval. Attachments: 1. Staff Report dated June 21, 2006 2. Draft Minutes of the June 28, 2006 CPZC Meeting 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, July 17, 2006 in the Council Chambers at the Rochester / Olmsted County Government Center. 11 ROCHESTER-OLMSTED PLANigNG DEPARTMENT 2122 Campus Drive SE, Sufte 100 - Rochester, MN 55904.4744 COUNTY OF www.olmstedcounty.com/planning TO: City Planning and Zor FROM: John Harford, Senior DATE: June 21, 2006 RE: Amendment to General Development Plan #248 to be known as Southern Meadows AND to Land Subdivision Permit (Preliminary Plat) #04-43 known as Southern Meadows by Tom Meilander and Perry and Jodi Kronebusch. The applicants propose to amend the GDP and Plat to eliminate roadway connections between the two properties and also to eliminate a roadway connection to the abutting property to the north. Roadways within the development are also proposed be changed from public roads to private roads. The applicants are also requesting approval of a Substantial Land Alteration for the project, to allow for a cut or fill on the site that would change the pre-existing grade by 10 feet or more on a portion of the site. The property is located along the south side of Pinewood Road, west of 34th Ave SE and is legally described as Lots 54 and 58 Auditors Plat "E". The applicant has submitted a revised plat. Development Review; Applicant/Owner Surveyors/Engineers Report Attachments Plat Data: Tom Meilander 3900 5'h St., NW Rochester, MN 55901 McGhie and Betts, Inc. 1648 3rtl Ave., SE Rochester, MN 55904 Referral comments Location map Copy of preliminary plat SLA materials Letter from McGhie and Betts, Inc. BUILDING CODE 507/285-8345 - GIS/ADDRESSING/MAPPING 5071285-B232 - HOUSING/HRA 507/285-8224 -� PLANNING20NING 50712B5-8232 - WELL/SEPTIC 507/285-8345 FAX 5071287-2275 AN EQUAL OPPORTUNITYIAFFIRMATIVE ACTION EMPLOYER M Page 2 VV Preliminary Plat #04-43 Substantial Land Alteration Southern Meadows June 23, 2006 Zoning: This property was annexed in 2004. The property is zoned R-1 (Mixed Single Family) district on the City of Rochester Zoning Map. Lots The applicant proposes to create 26 single family lots and two outlots that will cover the private roadways. There will be 14 lots with access to the westerly cul-de- sac and 12 lots with access to the easterly cul-de-sac. Two existing dwellings will be required to change access from Pinewood Road to the new cul-de-sacs. At the December B, 2004 Planning and Zoning Commission meeting a variance was approved to allow an accessory structure to be located on a lot without a principle use. The accessory structure is located on Lot 24. Roadways: This plat proposes to dedicate right-of-way for a portion of Pinewood Road SE for a total of 40' from the centerline. The applicant proposes to create two cul- de-sac's that will be private streets located in two outlots. The outlots are 40' in width with 29.34' wide roadways. Both streets are longer than the recommended cul-de-sac length of 300' identified in the Transportation Plan (Ch.4, Management Guideline #6) Controlled access is required along the entire frontage of Pinewood Road SE, with the exception of any approved private road access locations. The temporary and long term access to Pinewood Road SE, across the controlled access for the existing two homes located on proposed Lot 15, Block 1 and the "Exception" in the northwest corner of the site, will be addressed in the Development Agreement. In the previous city review of the GDP and plat in 2004, the city required that the westerly street provide a connection to the south to allow for connection for future development of the properties. The applicant has chosen to create private streets precluding the possible connection to the south. Pedestrian Facilities: A 10 foot bituminous pedestrian path along the entire frontage of Pinewood Road SE. Drainage: Grading and Drainage plans will need to be approved by the City Public Works Department prior to the submittal of the final plat. Wetlands: Minnesota Statutes now requires that all developments be reviewed for the presence of wetlands or hydric soils. The site was studied for wetlands and no wetlands were found. . Public Utilities: The static water pressures within this area will range from 72 to 84 PSI. Page 3 ^ 1 Preliminary Plat #04-43 � J)ri1- Substantial Land Alteration Southern Meadows June 23, 2006 An additional 20' utility easement is needed for the required 8" water main stub -out to the property to the south in the approximate location of the common lot line between Lots 6 and 7, Block 1. The exact location should be coordinated with the adjacent land owner. A 20' utility is provided for a watermain connection between cul-de-sacs along Lots 8, 9, 18, and 19. A 10' wide utility easement is needed along all lot lines adjacent to the private roadways. Spillover Parking: As per Section 63.426 of the LDM, all residential development must provide spillover parking for service vehicles and visitors. This development requires 32 spillover parking stalls. It appears as though the additional parking can be accommodated on the roadways and most likely within private driveways, as well. Parkland Dedication: For the previous plat the City Park and Recreation Department recommended that dedication requirements be met via: Cash in lieu of land with payment made prior to recordation of the final plat. General Development Plan: This property is included within the Meilander General Development Plan (GDP). Preliminary Plat Staff Review and Recommendation: Section 61.225 of the Land Development Manual lists the findings which must be considered by the Planning Commission and the Council when reviewing a land subdivision permit application. This section is attached for your information. The Planning staff has reviewed this preliminary plat request for compliance with the Rochester Zoning Ordinance and Land Development Manual including Section 61.225 of the LDM. The staff recommends approval with the following conditions/modifications: 1. The Plat shall be revised. a. Dedicating an additional utility easement (10'on either side of the pipe) for the water main between Lot 6 and 7, Block 1. b. Dedicating a 10' wide utility easement along all lot lines adjacent to the private roadways. c. Dedication of controlled access along the entire frontage of Pinewood Road SE, with the exception of any approved public road access locations and including the "Exception" parcel identified on the plat and located in the northwest portion of the site. Page 4 Preliminary Pat #04-43 Substantial Land Alteration Southern Meadows June 23, 2006 a. Extend one of the two cul-de-sacs to the south property line to allow for a street connection for future development. (This modification will likely result in the connecting street becoming a public street which will require a dedication of right of way and conformance with right of way width, and sidewalk requirements.) 2. Provision of pedestrian facilities, in the form of a 10' wide bituminous pedestrian path along the entire frontage of Pinewood Road SE. 3. Dedication of parkland and the exchange of parkland shall be handled in the form outlined in the November 16, 2004 Memorandum from the Rochester Park and Recreation Department, and as amended based on the number of dwelling units. 4. No parking shag be permitted and shall be posted "No Parking" one side of each cul-de-sac based on the comments by the Fire Department. S. There are inadequate on and off site public facilities, specifically Storm Water Management Facilities and Pedestrian Facilities, to accommodate the development of this Property. The development must be phased -in in a manner consistent with the City's planned infrastructure improvements. No development will be allowed to occur for any phase, until the City Council has determined that public facilities are adequate for said phase of development. Alternatively, the developer may request to join with the City in making these inadequate facilities adequate for this development, and may enter into a development agreement, prior to Final Plat submittal, that outlines the developer's and the City's obligations related to, but not limited to: stormwater management, transportation improvements, access control, pedestrian facilities, right-of-way dedication, contributions for public infrastructure, and the extension of public utilities to abutting properties where applicable. A Development Agreement has been drafted for the Property but to date has not been signed by both Owners. The agreement will need to be modified to address changes in the proposed development and signed by all Owners prior to Final Plat submittal. 6. The temporary and longterm access across the controlled access for Pinewood Road SE, to the existing homes on Lot 15, Block 1 and "Exception" tot in the northwest corner of the site shall be addressed in the Development Agreement. Reminder to to Applicant: Prior to construction, the property owner will need to execute a City / Owner Contract for construction of all public infrastructure and utilities to serve this subdivision. This Plat is subject to the Subdivision regulations which became effective October 4, 2004. Approved grading, drainage and construction plans will need to be submitted with the final plat application, if the applicant intends to record the final plat documents prior to completion of infrastructure improvements. Substantial Land Alteration: This application includes a request for approval of land disturbing activities defined as Substantial Land Alteration according to Section 61.1101, 2.a.1 of the Rochester Zoning Ordinance and Land Development Manual (LDM). Section 62.1102 of the LDM allows the City to consider a request 0 Page 5 $3 Preliminary Plat #04-43 Substantial Land Alteration Southern Meadows June 23, 2006 for excavation or substantial land alteration as part of a Type III application, such as a final plat, subject to making findings established in Section 62.1105 and 61.146 of the LDM. This development includes a proposal to change the grade in excess of 10 feet or more on one area of the property. As part of the grading for the subdivision the area generally in the vicinity of Lots 10-12 and a narrow portion of Outlot "A" will involve changing the existing grade more than 10 feet. The applicant has indicated the maximum fill will be less than 12 feet. Sections 61.146, 62.1102 and 62.1105 of the LDM are attached. Staff Su4aested Findinas: If the City Council approves the proposed substantial land alteration, staff recommends the following findings to Section 62.1105 and 61.146 of the Rochester Zoning Ordinance and Land Development Manual: 62.1105 1) The activity should not result in danger to life or property. The grading and drainage plans will need to comply with City standards and be approved by the Rochester Public Works Department. The maximum slopes to be created will be no more than a 3:1 slope. 2) The grading plan for this project needs to be approved by the Rochester Public Works Department and it will document the extent of the work. Noise and dust control will need to comply with City standards. 3) The excess materials will be hauled off site. Pinewood Road is a 9 tom road. 4) The proposed excavation work should not affect air quality or ground and surface water quality. 5) The proposed grading work should not adversely affect the scenic quality of Rochester. There will not be any steep slopes or exposed rock faces. The natural topography of the area is being re -graded to provide adequate slopes for single family dwellings. 6) The result of the proposed activity will be compatible with existing development and development anticipated in the future. The finished result of the grading work will allow for development that is consistent with the land use plan. 7) The Substantial Land Alteration will be confined to the property and should not affect the use and enjoyment of adjacent properties. 8) The grading will be completed within two phases with each phase taking approximately 10 weeks to complete. There are homes in the immediate area that will be visually affected by the grading activity for only a short time during the grading process. Noise and dust control will need to comply with City standards. 9) The grading and drainage plan will need to provide the proper restoration and stabilization in accordance with the adopted grading standards and zoning ordinance requirements for the City of Rochester. 10) The developer will need to submit a stormwater drainage plan prior to the final plat that meets city standards. Page 6 Preliminary Plat #04-43 Substantial Land Alteration Southern Meadows June 23, 2006 11) The areas of grading do not contain sinkholes or wetlands and should not effect the ground water or surface quality once restoration and stabilization is completed. 12) The grading work is expected to be completed within two phases, each phase taking approximately 10 weeks to complete. The duration seems appropriate for this type of activity and the size of the project. 13) The Rochester Public Works Department will need to review and approve the grading and drainage plan for this work. This plan must accommodate permanent and interim erosion and sediment control. 14) Surety will need to be provided that guarantees the site will be fully restored after the completion of the excavation activity. This surety can be provided through the owner -contract process for this development. If grading is to occur prior to an owner -contract, a separate surety will need to be provided. 15) The grading and drainage plan will need to be approved by the Rochester Public Works Department prior to any grading on the property. The Planning Staff would suggest the following findings for Section 61.146: 1) The material will have to hauled off site according to the applicant. There is sufficient space on the property to allow for on -site loading and vehicle circulation during the grading work. There is direct access to Pinewood Road from the property. There will be no burden of use on the public roadways. The grading plan establishes control of sediment and cleaning of Pinewood Road. 2) Not applicable. 3) Not applicable. 4) The Rochester Public Works Department will need to review and approve the grading and drainage plan for this work. This plan must accommodate permanent and interim erosion and sediment control. 5) Not applicable. 6) Not applicable. 7) Not applicable. 8) Not applicable. Page 7 ^ Preliminary Plat #04-43 /, Substantial Land Alteration Y Southern Meadows June 23, 2006 CITY OF ROCHESTER ZONING ORDINANCE AND LAND DEVELOPMENT MANUAL EXCERPTS CITY OF ROCHESTER ZONING ORDINANCE AND LAND DEVELOPMENT MANUAL EXCERPTS 1.0 Finding for Land Subdivision: The Zoning Administrator, Commission or Council shall approve a development permit authorizing a land subdivision if all of the following findings with respect to the proposed development are made: A. The proposed land subdivision conforms to all relevant requirements of this ordinance and variances have been granted to permit any nonconformance. B. That the proposed water system and sanitary sewer system are adequate to serve the normal and fire protection demands of proposed development and to provide for the efficient and timely extension to serve future development. C. That the plan for soil erosion and stormwater management meets the adopted standards of the City of Rochester and is consistent with the adopted Stormwater Management Plan or adopted drainage to stormwater policies. D. That the vehicular and non -motorized system is consistent with adopted transportation plans and is consistent with the street layout standards listed in Section 64.120 and traffic service standards in Section 61.526. E. That the lot and block layout provide for safe and convenient vehicular, service and emergency access, efficient utility service connections, and adequate buildable area in each lot for planned uses. F. That the proposed land subdivision has taken into account the current 6-Year and other Long -Range Capital Improvements Programs and the elements listed therein in the design of the subdivision. G. That the proposed subdivision, if in a resident zoning district, -addresses the need for spillover parking consistent with the requirements of Section 63.426. H. That right-of-ways and easements of adequate size and dimensions are -provided for the purpose of constructing the street, utility, and drainage facilities needed to serve the development. I. That the proposed parks, trail thoroughfares and open space dedications are consistent with adopted plans, policies and regulations. J. That the proposed subdivision will not have off -site impacts on the street, drainage, water or wastewater systems that exceed adopted standards. Effective October 4, 2004 Page 8 Preliminary Plat #04-43 Substantial Land Alteration Southern Meadows June 23, 2006 K. That the proposed subdivision will not have adverse impacts on the safety or viability of permitted uses on adjacent properties. L. That the proposed land subdivision is designed in such a manner as to allow for continued development in an efficient manner on adjacent undeveloped lands. M. That the soils, topography and water tables have been adequately studied to ensure that all lots are developable for their designated purposes. N. That the proposed land subdivision is consistent with the standards of the City's adopted Comprehensive Plan with regard to street standards and classification, and other matters not addressed in this ordinance. O. That any land located within Zone A as shown as on the currently adopted Flood Boundary and Floodway Maps of the Flood Insurance Study, Rochester, Minnesota prepared by the Federal Emergency Management Agency, is determined to be suitable for its intended use and that the proposed subdivision adequately mitigates the risks of flooding, inadequate drainage, soil and rock formations with severe limitation for development, severe erosion potential or any other floodplain related risks to the health, safety or welfare of the future residents of the proposed subdivision in a manner consistent with this ordinance. P. That the proposed land subdivision, if approved, would not result in a violation of federal state law, or city or county ordinance. 2.0 Conditions on Approvals: In considering an application for development permit to allow a land subdivision, the approving body shall consider and may impose modification or conditions to the extent that such modifications or conditions are necessary to insure compliance with the criteria of Section 61.225. Effective October 4, 2004 �50 ft. Notification Area of property located in the Pt SW 1/4 Sec 97 Marion TWP. I Amendment to General Development Plan #248 and Preliminary Plat #04-43 known as Southern Meadows (formerly Meilander Subdivision) Amendment to GDP #248 and Pre]. Plat #04 43 by Tom Me]lander, Perry and Jodi Kronebusch PINs: 63.17.32.036435; 63.17.32.051733 Neighborhood Assoc: None Council Ward 1 (Amy Blenker) 6/08/06 0 20 N Olmsted County is not responsible for ommissions or errors contained herein. If discrepancies are found within this map, please notify the GIS Division, Rochester -Olmsted County Planning Department, 2122 Campus Drive SE, Rochester, MN 55904, (507) 285-8232. \V � III ' III }I I I xCol 9:9h •1 } E faFt.aFFa +2 {�+E_ T F.•sii {� �3E s• d a'e3p =�eF a sk; 9F{Ff �1 S j�t.tff�: i EF•A�=ta: � �t � {{e?{� ie E zi Z o � � ` +� ��'1 aF{ [ {4s- sE+e :i E_E- s y i : Y J �+-, dS,.S �• P>! 9F( Ld i1{ i ?€^if€ :-ii i ;+ i�->•� `F y 2 e a a id S i TF f F•� { 1 a d 5 3a aE+Cs E€a€� S 3 B .5:ii Rl t T aers Lswu SIVdNVA NOLW3DX - �/'} MOOV3A s3P4dO 3A3(l - NNId 1N34Nd0'13A34 iV2S3N39 o ROWmu2d; t9. 4 JOI a U N "3'S '3A V Hllb f 08nsT ls8u ST4ONVA p } � r OhF 61 out ti qt � �/ •+— +- y � A.LF sq., / Q r J r N LLd3JX3 ! ` -2 h 0 ! � W g y F V M a O W W O L'-t O W 09 W O N Q OJ ON O m O W� w' w a m Im m to ao zz Rochester Minnesota Land Surveying Urban - land Planning Consulting - Civil Engineering Geoteclurical Engineering Construction Matenal Testing Landscape Architecture 1648 Third Avenue S.E. Rochester, MN 55904 Tel, 507.289.3919 Fax. 507.289.7333 May 31, 2006 Ms. Mitzi Baker Consolidated Planning Department 2122 SE Campus Drive Rochester, MN 55904 RECEIVED LMAY 3 1 2006 ROCHESTER - OL,MSTED 7_',NNING DEFARTHIENT RE: Exemption from Section 62.1101.2 (a) for Southern Meadows Subdivision Dear Ms. Baker: Section 62.1101 of the Rochester Land Development Manual and Zoning Ordinance contains new standards for substantial land alteration projects. The grading of the Southern Meadows site will result in exceeding a 10-foot vertical cut and/or fill over various portions of the site. This project meets the definition of Section 62.1101.2.a.I(d) where the cut/fill involves a grade change of 10-feet or more from the pre-existing grades. The enclosed exhibit indicates the fill area on the site. The maximum fill would be less than 12 feet. Section 62.1102.11 provides for an exemption provided there are sufficient findings made as contained in 62.1105. The following are suggested findings in support of the request: Section 62.11050-15). 1. The activity necessary to grade the portions in excess of 10-foot vertical cut/fill will not result in unstable slopes or unsafe access. The slopes on the site will be a maximum of 3:1 and a portion of the grading would involve cuts or fills in excess of 10'. 2. The environmental impacts of grading on this site to adjacent properties will be minimal. 3. There is access to the site from Pinewood Road SE, to the north. It will be necessary to haul fill off of the site. Pinewood Road SE was reconstructed in 2004 and was designed as a 9 ton collector roadway. 4. The additional grading will not adversely affect air quality, the ground water, or surface water quality. 5. The natural topography of the area will be re -graded to provide adequate slopes for single — family dwellings for this development and the overall scenic quality will be maintained. 6. The grading is compatible with the proposed adjacent neighborhood developments. 7. The grading will be donfined to the Southern Meadows site, and will not unduly affect the use and enjoyment of adjacent properties. e-.mail. mbi@mcghiebetts,com 0 �3k May 31, 2006 Page 2 The grading activity will take place in two phases, each taking approximately 10 weeks to complete. There are homes in the immediate area that will be visually affected by the grading activity for only a short time during the grading process. The grading plan will provide for proper restoration stabilization in accordance with the codes for the City of Rochester. The grading will not result in negative impacts on the drainage patterns. The grading of the site is such that run-off is directed to appropriate locations in the street and handled through the proposed improvements to the City storm water system. The area of grading does not contain sinkholes and will not affect the groundwater or the subsurface water quality once restoration and stabilization is completed. The grading of the site will take place in two phases, each taking approximately 10 weeks to complete. This time frame is appropriate for the size and location of this activity. Permanent and interim (during construction) erosion/sedimentation control will be provided for in the grading plan. The city will review and approve this city/owner contract. A performance and payment bond is required for all work associated with the construction of the public improvements. This bond will be submitted with the city/owner contract. This development will comply with the standards in the Land Development Manual and on file with Public Works. Yours very truly, McGHIE & BETTS, INC. el /e7 �� iL: Bond, P.E. Tom Meilander Perry & Jodi Kronenbusch Greg Hartman RECEIVED MAY 3 9 2006 ROCHESTER- O_�IMSTED 133 REQUEST FOR COUNCIL ACTION MEETING DATE: 07-17-06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING E,- (0 ITEM DESCRIPTION: Final Plat #06-10 by MSD, LLC, Calif R, LLC and Ryanna, LLC to be PREPARED BY: known as Canal Place SE. The plat proposes to subdivide approximately 26.21 acres into 5 Theresa Fogarty, lots for commercial / industrial development. The plat also dedicates the right-of-way for a Senior Planner new public roadway. The property is located along the east side of TH 63, north of 487° Street SE, along the west side of Maine Avenue SE. July 12, 2006 Planning Department Review. See attached staff report dated July 12, 2006, recommending approval subject to the following conditions: 1. A G/S Impact Fee and E911 Addressing Fee shall be assessed and must be paid prior to recording the final plat, per the July 5, 2006 memorandum from Rochester -Olmsted Planning Department - GIS Division. 2. A portion of this property is included in the approved Final Plat for Maine Street Development (#03-11). The approved Plat identifies the roadway as "private" and plats the road as outlots. The applicant agrees that the Final Plat for Maine Street Development (#03-11) will be recorded prior to, or concurrent with, the Canal Place SE Subdivision (#06-10). Council Action Needed. 1. if the Council wishes to proceed, it should instruct the City Attorney to prepare a resolution with findings supporting their decision. Distribution: 1. City Administrator 2. City Clerk 3. City Attorney 4. Planning Department File 5. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, July 17 at the Rochester / Olmsted County Government Center. i COUNCIL ACTION: Motimby: Second by: to: 2006 in the Council Chambers rl3k A $AIR 1.11 8R84 . g$$$ R aR a6n 88 4$$.$BB88Bs88 :^8:B8T8.8:R:BC=SEAXE=R48:=s "9Rb:Bsb`o^.8 '$O%.m,.a ^sia33 1N3WW1363Q 133HIS 3N I VW S r i Jul 10 2006 1:08pM MN/➢OT 507-285-7278 p.c CC�1 Minnesota Department of Transportation Minnesota Department of Transportation - District 6 2900 480'Street N.W. Rochester, MN 55901-5848 July 10, 2006 Jennifer Gamess Rochester -Olmsted Planning Department 2122 Campus Drive SE, Suite 100 Rochester, MN 55904 Office Tel: 507.290-3188 Fax: 507-285-7279 E-mad: chris.moate9@dct.state.mn.0s RE: Canal Plice SE Final Flat by MSD, LLC, Celli R, LLC and Ryanna, LLC. The plat proposes to subdivide approximately 26.21 acres into 5 lots for commercial/industrial development. The plat also dedicates right of way for a new public roadway. The property is located along the east side of US 63, north of 481i Street S.E, along the west side of Maine Avenue SE. US 63 CS 5509 Dear Ms. Garness: Minnesota Department of Transportation (Mn(D07) District 6 staff has received the Final Plat for Canal Place SE for review and corntnent. The plans appear to be consistent with Mn/DOT's Right of Way Plat No. 55-44 and with previous reviews for this development. Release of Local roads will be done upon completion of the 401h St. construction project. No releases will be processed at this time. The appointing authority of these releases will be determined once Mn/DOT, the City of Rochester and Olmsted County have a chance to discuss this in more detail. Thank you for providing Mn/DOT the opportunity to comment. If there are any questions, you may contact Debbie Persoon-$ernent, Transportation Specialist at (507) 281-7777. Sincerely, Chris MOatcis District 6 Planning Director cc: MichaelSheehan, Olmsted County Engineer Craig Hansen Debbie Persoon-Bement File OCC84W9961 ,::e'g / es- -R;:;, '�s NV Id lrvjvvaV i�l%yu IvYLOUNNIWIRMHD011 a�iv�,� i, 5 y 9€RR� i:S�F-a r S ae a r 7S 3DYId IYNYD 5: 53 ?3"e B.oR Z-N NOISIN 9nS 110111 OWN uwo ..::..... .. :............. ........... _ w ov b1- S C A x 7E 0 N Z� i pwrozw v+wmm�aoR��J gnu •• .< < .o-x» mo-i er.�.-" "—...an.o�.a�s 10 ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 1 DO - Rochester, MN 55904-4744 CoU„„ OF www.olmstedcounty.com/planning TO: Rochester Common Council FROM: Theresa Fogarty, Planner DATE: July 12, 2006 RE: Final Plat #06-10 by MSD, LLC, Calli R, LLC and Ryanna, LLC to be known as Canal Place SE. The plat proposes to subdivide approximately 26.21 acres into 5 lots for commercial / industrial development. The plat also dedicates the right-of-way for a new public roadway. The property is located along the east side of TH 63, north of 48 h Street SE, along the west side of Maine Avenue SE. City Council Hearing Date: July 17, 2006 Planning Department Review: ApplicanUOwner: MSD, LLC Tom Hexum 1000 Rocky Creek Drive NE Rochester, MN 55906 Calli R, LLC Ron Schulz 6608 Zumbro Hyland Lane NW Rochester, MN 55901 Ryanna, LLC Rob Gregory 1083 Weatherhill Lane SW Rochester, MN 55902 Surveyors/Engineers: Yaggy Colby Associates 717 Third Avenue SE Rochester, MN 55904 Referral Comments: Rochester Public Works Department Planning Department —GIS Division Planning Department— Wetlands LGU Representative Rochester Public Utilities— Water Division Report Attachments: 1. Copy of Final Plat 2. Copy of Canal Place SE GDP 3. Location Map 4. Referral Comments (4 letters) BUILDING CODE 507/285-8345 - GIVADDRESSING/MAPPING 507/285-8232 - HOUSING/HRA 507/285-8224 ,. PLANNING20NING 507/285-8232 - WELUSEPTIC 507/285-8345 �Cy ..-A. , noonoT, FAX 50cc2o-^227 , �11Ic nrr,nn, cnn of nvvo Page 2 Final Plat #06-10 Canal Place SE 7/12/2006 Development Review: Zoning: The property is currently zoned M-1 (Mixed Commercial -Industrial) district on the City of Rochester Zoning Map. Roadways: There is one new roadway planned within this Final Plat. The roadway identified as "Canal Place SE" is designed with a 70" right-of-way along the northern portion of the roadway, reducing to a 54' right-of-way and ending with an 82' right-of-way along the southern portion of the roadway. Pedestrian Facilities: A Development Agreement has been executed for this property, which includes the requirements for pedestrian facilities. Drainage: Grading and Drainage Plans for this development have been approved. Wetlands: Minnesota Statutes now requires that all developments be reviewed for the presence of wetlands or hydric soils. A wetland related application has been approved by the City. This plan incorporates the approved wetland plan. Public Utilities: Spillover Parking: Parkland Dedication: General Development Plan: Final utility plans have been approved. Parking for the development of each lot will be determined at the time of Site Plan Development Review. The property will not be used for residential development; therefore, there are no parkland dedication requirements This property is included within the approved Canal Place SE Development General Development Plan (GDP). Preliminary Plat Staff Review and Recommendation: A preliminary plat for this area was approved by the City Council on June 19, 2006. The approval of the preliminary plat was subject to six (6) conditions. The conditions are listed below: 1. The Plat shall be revised as follows: a. Dedicating controlled access along the entire frontage of T.H. 63. Page 3 Final Plat #06-10 Canal Place SE 7/12/2006 2. The larger lots may require additional easements and water main stub -outs for necessary onsite water main looping ad fire protection dependent on the final building layouts. These can be dedicated as the lots are developed. 3. Grading & Drainage Plan approval is required prior to Final Plat submittal. Storm water management must be provided for this development. Specific obligations of the Owner, regarding stormwater management, will be addressed in the Development Agreement, and the entire Property may be subject to a Storm Water Management Area Charge. 4. Construction of Pedestrian Facilities are required along both frontages of the proposed new public street, as well as, along the periphery frontages abutting the Property. 5. A portion of the Property lies within the area included in the executed Maine Street Development Agreement. For the remainder of the Property there are inadequate on and off site public facilities, specifically Sanitary Sewer Capacity, Storm Water Management Facilities, and Public Roadways to accommodate the development of this Property. If development is to be phased -in, it must be done in a manner consistent with the City's existing and planned infrastructure improvements and, as required by city ordinances, pursuant to an executed development agreement prior to submittal of a Final Plat for the first phase of development. If proposed as a single phase, no development will be allowed to occur until the City Council has determined that public facilities are adequate for said development. Alternatively, the developer may request to join with the City in making these inadequate public facilities adequate for this development, and may enter into a development agreement, prior to Final Plat submittal, that outlines the developer's and City's obligations related, but not limited to: stormwater management (including any obligations for off -site facilities), transportation improvements (including off -site improvements necessary to accommodate this development), pedestrian facilities, contributions for public infrastructure, and the extension of public utilities to abutting properties where applicable. 6. A portion of this property is included in the approved Final Plat for Maine Street Development (#03-11). The approved Plat identifies the roadway as 'private"and plats the road as outlots. The applicant agrees that the Final Plat for Maine Street Development (#03-11) will be recorded prior to, or concurrent with, the Canal Place SE Subdivision (#06- 10). Final Plat Planning Staff Review and Recommendation: A Development Agreement has been executed for this property. The Planning Staff has reviewed the submitted final plat in accordance with the Rochester Zoning Ordinance and Land Development Manual, Section 61,225 and would recommend approval subject to the following modifications / conditions: 1. A G1S Impact Fee and E911 Addressing Fee shall be assessed and must be paid prior to recording the final plat, per the July 5, 2006 memorandum from Rochester - Olmsted Planning Department — GIS Division. 2. A portion of this property is included in the approved Final Plat for Maine Street Development (#03-11). The approved Plat identifies the roadway as "private" and plats the road as outlots. The applicant agrees that the Final Plat for Maine Street Development (#03-11) will be recorded prior to, or concurrent with, the Canal Place SE Subdivision (#06-10). Note to Developer: • A Development Agreement and City -Owner Contract has been executed for this Property, and development is subject to the terms of the Agreements. oq r tWCHESTER TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DATE: 7/10106 DEPARTMENT OF PUBLIC WORKS 2010 Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the application for Final Plat #06-10, for Canal Place SE. The following are Public Works comments on this request: Development is subject to the terms of the Development Agreement and City -Owner Contract for this Property. Charges/fees applicable to the development of this property are included in the Development Agreement & City -Owner Contract C:\Documents and Settingslplastost\Local Settings\Temporary Internet Files\OLKt C\PP06-10 Canal Place SE.doc F Rochester -Olmsted Planning ,apartment GIS/Addressing Division 2122 Campus Drive SE, Suite 100 Rochester. MN 55904-4744 FINAL PLAT REFERRAL RESPONSE DATE: July 5, 2006 TO: Jennifer Garness, Stephanie Foster FROM: Randy Growden GIS/Addressing Staff Rochester -Olmsted County Planning Department CC: Jan Chezick; Ed Kuisle; Yaggy Colby Associates RE: CANAL PLACE FINAL PLAT # 06-10 Phone: (507)285-8232 Fax: (507)287-2275 UPON REVIEW OF THIS PLAT THE FOLLOWING FEES ARE REQUIRED TO BE PAID BEFORE THE PLAT CAN BE ADDRESSED. E911 ADDRESSING FEE: GIS IMPACT FEE: $ 400.00 (5 LOTS/ADDRESSES) $ 475.00 ( 5 LOTS/OUTLOTS) Notes: 1. Additional E911 Addressing fees may be required upon Site Plan review. 2. Final Plats must be approved and the above fees paid before application requests for addressing can be submitted to the E911 Addressing Staff — Rochester/Olmsted A review of the final plat has turned up the following ADDRESS or ROADWAY related issues: 1. Upon review of CANAL PLACE the GIS / Addressing staff has found no issues to bring forth at this time. tkq/ WETLAND COMMENTS FOR DEVELOPMENT APPLICATIONS Application Number: Final Plat #06-10 by MSD, LLC, Calli R, LLC and Rvanna, LLC to be known as Canal Place SE ❑ No hydric soils exist on the site based on the Soil Survey ❑ Hydric soils exist on the site according to the Soil Survey. The property owner is responsible for identifying wetlands on the property and submitting the information as part of this application. ❑ A wetland delineation has been carried out for the property and is on file with the Planning Department. ❑ A wetland delineation is on file with the Planning Department and a No -Loss, Exemption, or Replacement Plan has been submitted to the Planning Department. ® A wetland related application has been approved by the City. This plan incorporates the approved wetland plan. ❑ No hydric soils exist on the property based on the Soil Survey. However, due to the location in the landscape, the property owner should examine the site for wetlands. The property owner is responsible for identifying wetlands. ❑ Other or Explanation: From John Harford Wetlands LGU Representative M 143 rp' u1-----1-1 wr pirdge, we de!ivrr July 3, 2006 Rochester-Ohnsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Final Plat #06-10 by MSD, Calli R., LLC and Ryanna, LLC to be known as Canal Place SE. Dear Ms. Garness: Our review of the referenced final plat is complete and we have no objections. The final utility plans have been approved. Please contact us at 507-280-1500 if you have questions. Very truly yours, A..s'' 06,4A Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher. Fire Prevention Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 MEETING W REQUEST FOR COUNCIL ACTION DATE: 07-17-06 AGENDA SECTION: j ORIGINATING DEPT: ITEt�.No.e IG■ PUBLIC HEARINGS I t ITEM DESCRIPTION: Preliminary Plat #06-14 to be known as Stonebrooke Second Addition by Stonebrooke of Rochester, LLC. The applicant is proposing to subdivide approximately 6.18 acres of land into 18 lots for single family development. The Plat proposes to dedicate right-of-way to extend Brookestone Drive SE and 40th Avenue SE, and also proposes to dedicate right-of-way for Stonelake Drive SE. The property is located north of TH 14, south of Collegeview Road, east of 36 h Avenue SE, adjacent to Sunnydale No. Two Subdivision. July 11, 2006 City Planning and ,Zonin4 Commission Recommendation: PREPARED BY: Theresa Fogarty, Senior Planner The City Planning and Zoning Commission held a public hearing on June 28, 2006 to consider this preliminary plat. The applicant's representative, Mark Welch of GGG Engineering, addressed the Commission and stated that the applicant is in agreement with the staff -recommended conditions. The Planning Commission found that this preliminary plat will conform with the applicable criteria with the following conditions or modifications: 1. The Plat shall be revised: a. Dedicating the needed right-of-way for the southerly extension of 4e Avenue SE to Sunnydale Lane SE as a part of this plat. t b. The transition of right-of-way from 66' to 50' shall extend to the north line of proposed Lot 1, Block 4. 2. Dedication of parkland shall be met via: Deferred land dedication as outlined in the June 5, 2006 Memorandum from the Rochester Park and Recreation Department. 3. Grading and Drainage Plan approval is required prior to final plat approval. 4. Dedication of any applicable off -site easements is required prior to Final Plat submittal. 5. This property is within the planned Intermediate Level Water System Area, which requires the construction of a PRV Station by the developer (V & 6" PRV's furnished by RPU) to be located at the extreme west end of Brooke Drive SE (at the end of the existing stub -out). Ms. Wiesner moved to recommend approval of Preliminary Plat #06-14, by Stonebrooke of Rochester, LL with the staff -recommended findings and conditions. Mr. Pestka seconded the motion. The motion carried 7-0. Planning Department Recommendation: 1 See attached staff report, dated June 21, 2006.�ti Council Actton ,Needed Box r y Cg Elf � �,'stotl permit. d.s11W report. �> toaaffastone at COUNCIL ACTION: Motion by: second by to: lC e 'r i segaoic. .e u�-S:aea ul •i , LAC K 8^Ra INV .. tr•k �REAI. a-. X,p Ml lie Bpi At 3 cis • i` I 1 , 1. �.- ;d •$ • • tl 1 �� I ! r YY. aR • • ` 1 sq • +! I I - � 1 �Y6ak `a y�5 I A I f I '•' I 1 r , F .y i I Ie F 1. 4 ao '1 y ��yp'pY biEd§ li � T " r NMI YE a IM ' ' l11 i 110P,S, i312i. 1 I � i J i 500 ft. Notification Area of proposed Preliminary Plat #06-14 to be known as Stonebrooke Second Addition located in the Pt SE 1/4 NE 1/4 Sec 5 and Pt SW 1/4 NW 1/4 Sec 4 Marion TWP. 33 Prel. Plat #06-14 by Stonebrooke of Rochester, LLC PINS: 63.05.11.073572, 63.04,23,064835 Neighborhood Assoc: None Council Ward 4 (Pat Carr) 6108/06 5 N Olmsted County Is not responsible for ommissions or errors contained herein. If discrepancies are found within this map, please notify the GIs Division, Rochester -Olmsted County Planning Department, 2122 Campus Drive SE, Rochester, MN 55904, (507) 285.8232. 4 ROCRESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904.4744 CO,,,,r, OF www.olmstedcounty.com/planning TO: City Planning and Zoning Commission FROM: Theresa Fogarty, Senior Planner DATE: June 21, 2006 RE: Preliminary Plat #06-14 to be known as Stonebrooke Second Addition by Stonebrooke of Rochester, LLC. The applicant is proposing to subdivide approximately 6.18 acres of land into 18 lots for single family development. The Plat proposes to dedicate right-of-way to extend Brookestone Drive SE and 40th Avenue SE, and also proposes to dedicate right-of-way for Stonelake Drive SE. The property is located north of TH 14, south of Collegeview Road, east of 36th Avenue SE, adjacent to Sunnydale No. Two Subdivision. CP&ZC Hearing Date: June 28, 2006 Plannina Department Review.- Applicant/Owner: Stonebrooke of Rochester, LLC 1335 Wildflower Lane Chaska, MN 55318 Surveyors/Engineers: GGG Inc. 14070 Highway 52 SE Chatfield, MN 55923 Referral Comments: Rochester Public Works Department Rochester Park & Recreation Department RPU — Water Department Planning Department— Wetlands LGU Representative Report Attachments: 1. Copy of Preliminary Plat 2. Copy of approved amended Stonebrooke GDP 3. Location Map 4. Referral Comments (4 letters) Development Review: Zoning: Blocks 1, 2 and 4 are zoned R-2 (Low Density Residential) district and the remainder of the property (Block 3) is currently zoned R-1 (Mixed Single Family) district on the City of Rochester Zoning Map. BUILDING CODE 507/285-8345 • GIS/ADDRESSING/MAPPING 5071285-8232 • HOUSING/HRA 507/285-8224 PLANNING20NING 507/2B5-8232 • WELUSEPTIC 507/285-B345 ' (,7V FAX 507/287-2275 en, m„e, nooncri inurv,ncnou.r,..c nrr,na c..oi n..vo V Page 2 �7 Preliminary Plat #06-14 Stonebrooke 2"° Addition June 21, 2006 Roadways: This plat proposes to dedicate right-of-way for the continuation of two public roadways and one new public roadway. The first roadway a continuation of 'Brookestone Drive SE" is designed with a 66' right-of-way. The second roadway a continuation of "40th Avenue SE" is designed with the 66' right-of-way at the southern portion of the roadway and reducing to 50' at the northern portion of the roadway. The transition of right-of-way from 66' to 50' should extend to the north line of proposed Lot 1, Block 4. The right-of-way needed for the southerly extension of 40'h Avenue SE to Sunnydale Lane SE should be dedicated as part of this plat. The third roadway labeled as "Stonelake Drive SE" is designed with a 60' right-of-way. Dedication of any applicable off -site easements is required prior to Final Plat submittal. Pedestrian Facilities: There is an existing Development Agreement and Supplemental Agreement that includes this Property. Development of this Property is subject to the terms of the Agreements. Drainage: Grading and Drainage Plan approval is required prior to Final Plat submittal. Wetlands: Minnesota Statutes now requires that all developments be reviewed for the presence of wetlands or hydric soils. A wetland delineation has been carried out for the property and is on file with Planning Department. This proposal will not cause a filling of the delineated wetlands on the property to the north and east of the plat. Public Utilities: This property is within the planned Intermediate Level Water System Area, which requires the construction of a PRV Station by the developer (3" & 6" PRV's furnished by RPU) to be located at the extreme west end of Brookestone Drive SE (at the end of the existing stub -out). Spillover Parking: As per Section 63.426 of the LDM, all residential development must provide spillover parking for service vehicles and visitors. This development requires 22 spillover parking stalls. It appears as though the additional parking can be accommodated on the roadways and most likely within private driveways, as well. Page 3 Preliminary Plat #06-14 Stonebrooke 2"d Addition June 21, 2006 Parkland Dedication: The City Park and Recreation Department recommends that dedication requirements be met via: Deferred land dedication with dedication to be the neighborhood park identified on the Stonebrooke GDP. General Development Plan: This property is included within the amended Stonebrooke Development Plan (GDP), approved by City Council on September 25, 2005. Preliminary Plat Staff Review and Recommendation: Section 61.225 of the Land Development Manual lists the findings which must be considered by the Planning Commission and the Council when reviewing a land subdivision permit application. This section is attached for your information. The Planning staff has reviewed this preliminary plat request for compliance with the Rochester Zoning Ordinance and Land Development Manual including Section 61.225 of the LDM. The staff recommends approval with the following conditions I modifications: 1. The Plat shall be revised: a. Dedicating the needed right-of-way for the southerly extension of 40fb Avenue SE to Sunnydale Lane SE as a part of this plat. b. The transition of right-of-way from 66' to 50' shall extend to the north line of proposed Lot 1, Block 4. 2. Dedication of parkland shall be met via: Deferred land dedication as outlined in the June 5, 2006 Memorandum from the Rochester Park and Recreation Department. 3. Grading and Drainage Plan approval is required prior to final plat approval. 4. Dedication of any applicable off -site easements is required prior to Final Plat submittal. 5. This property is within the planned intermediate Level Wafer System Area, which requires the construction of a PRV Station by the developer (3" & 6" PRV's furnished by RPU) to be located at the extreme west end of Brooke Drive SE (at the end of the existing stub -out). Reminder to Applicant: • Prior to development, the property owner will need to execute a City/ Owner Contract for construction of all public infrastructure and utilities to serve this subdivision. • A Development Agreement and a Supplemental Agreement that includes this property has been executed and development of this Property is subject to the terms of the Agreements. • Approved grading, drainage and construction plans will need to be submitted with the final plat application, if the applicant intends to record the final plat documents prior to completion of infrastructure improvements. 4y Page 4 Preliminary Plat #06.14 Stonebrooke 2'd Addition June 21, 2006 CITY OF ROCHESTER ZONING ORDINANCE AND LAND DEVELOPMENT MANUAL EXCERPTS CITY OF ROCHESTER ZONING ORDINANCE AND LAND DEVELOPMENT MANUAL EXCERPTS 61.225 Finding for Land Subdivision: The Zoning Administrator, Commission or Council shall approve a development permit authorizing a land subdivision if all of the following findings with respect to the proposed development are made: A. The proposed land subdivision conforms to all relevant requirements of this ordinance and variances have been granted to permit any nonconformance. B. That the proposed water system and sanitary sewer system are adequate to serve the normal and fire protection demands of proposed development and to provide for the efficient and timely extension to serve future development. C. That the plan for soil erosion and stormwater management meets the adopted standards of the City of Rochester and is consistent with the adopted Stormwater Management Plan or adopted drainage to stormwater policies. D. That the vehicular and non -motorized system is consistent with adopted transportation plans and is consistent with the street layout standards listed in Section 64.120 and traffic service standards in Section 61.526. E. That the lot and block layout provide for safe and convenient vehicular, service and emergency access, efficient utility service connections, and adequate buildable area in each lot for planned uses. F. That the proposed land subdivision has taken into account the current 6-Year and other Long -Range Capital Improvements Programs and the elements listed therein in the design of the subdivision. G. That the proposed subdivision, if in a resident zoning district, -addresses the need for spillover parking consistent with the requirements of Section 63.426. H. That right-of-ways and easements of adequate size and dimensions are -provided for the purpose of constructing the street, utility, and drainage facilities needed to serve the development. 1. That the proposed parks, trail thoroughfares and open space dedications are consistent with adopted plans, policies and regulations. J. That the proposed subdivision will not have off -site impacts on the street, drainage, water or wastewater systems that exceed adopted standards. Page 5 Preliminary Plat 906-14 Stonebrooke 2"° Addition June 21, 2006 K. That the proposed subdivision will not have adverse impacts on the safety or viability of permitted uses on adjacent properties. L. That the proposed land subdivision is designed in such a manner as to allow for continued development in an efficient manner on adjacent undeveloped lands. M. That the soils, topography and water tables have been adequately studied to ensure that all lots are developable for their designated purposes. N. That the proposed land subdivision is consistent with the standards of the City's adopted Comprehensive Plan with regard to street standards and classification, and other matters not addressed in this ordinance. O. That any land located within Zone A as shown as on the currently adopted Flood Boundary and Floodway Maps of the Flood Insurance Study, Rochester, Minnesota prepared by the Federal Emergency Management Agency, is determined to be suitable for its intended use and that the proposed subdivision adequately mitigates the risks of flooding, inadequate drainage, soil and rock formations with severe limitation for development, severe erosion potential or any other floodplain related risks to the health, safety or welfare of the future residents of the proposed subdivision in a manner consistent with this ordinance. P. That the proposed land subdivision, if approved, would not result in a violation of federal state law, or city or county ordinance. 61.226 Conditions on Approvals: In considering an application for development permit to allow a land subdivision, the approving body shall consider and may impose modification or conditions to the extent that such modifications or conditions are necessary to insure compliance with the criteria of Section 61.225. ROCHESTER H404111au TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DATE: 6/19/06 DEPARTMENT OF PUBLIC WORKS 201 4"' Street SE Room 108 Rochester, MN 55904-3740 507.287.7800 FAX — 507.281-6216 The Department of Public Works has reviewed the application for Preliminary Plat #06-14, for the proposed Stonebrooke Second Addition. The following are Public Works comments on this request: 1. There is an existing executed Development Agreement, and a Supplemental Agreement that includes this Property. Development of this Property is subject to the terms of the Agreements. 2. Grading & Drainage Plan approval is required prior to final plat submittal. 3. Dedication of any applicable off -site easements is required prior to Final Plat submittal. 4. Execution of a City -Owner Contract is required prior to construction of any public infrastructure to serve this Property. 5. The transition of ROW from 66' to 50' should extend to the north line of proposed Lot 1, Block 4. 6. The ROW needed for the southerly extension of 40°i Ave SE to Sunnydale Ln SE should be dedicated as part of this plat. 7. Preliminary Construction Plan comments will be provided separately to the Developer's Engineer. Charges/fees applicable to the development of this property are/will be included in the Development Agreement / City -Owner Contract, and include, but are not limited to (rates through 7/31/06): Sewer Availability Charge (SAC) @ $2098.99 per developable acre. Water Availability Charge (WAC) @ $2098.99 per developable acre Storm Water Management — TBD Proportional share of the outstanding obligation for the J9793 utility extension s First Seal Coat Charge @ $0.57 per sq yd of public street surface Four (4) Pedestrian Ramps @ $885.40 each :• Street Signs as determined by the City Engineer C:\Documents and Settings\plastosALocal Settings\Temporary Internet Fi1es\0LK1C\PP06-14 Stonebrooke 2nd Addition.doc o `.afK & XeCTe ROCHESTER PARK AND RECREATION Rochester, MIV DEPARTMENT DATE: June 5, 2006 TO: Jennifer Garness Planning RE: Stonebrooke 2 Prelim Plat # 06-14 Acreageof plat.......................................................... 6.18 a Number of dwelling units ............................................. 18 units Density factor............................................................ .0244 Dedication............................................................... .44 a Fair market value of land ............................................. na The Park and Recreation Department recommends that dedication requirements be met via: Deferred land dedication with dedication to be the neighborhood park identified on the GDP. CADocuments and Settings\plajgarn\Local Settings\Temporary Internet Files\OLK61\STONEBROOKE 2.130001 FOURTH STREET SE rpu we pleiie, we irlrv<r June 8, 2006 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Preliminary Plat #06-14 by Stonebrooke of Rochester, LLC to be known as Stonebrooke Second. Dear Ms. Gamess: Our review of the referenced preliminary plat is complete and our comments follow: 1. This property is within the planned Intermediate Level Water System Area, which requires the construction of a PRV Station by the developer (Y & 6" PRV's furnished by RPU) to be located at the extreme west end of Brookestone Dr. SE. (at the end of the existing stub -out) 2. Static water pressures within this area will range from the mid to upper 50's PSI. 3. Other minor revisions to the proposed water system layout are required. We have provided the applicant's engineering firm with these comments. Please contact us at 507-280-1500 if you have questions. Very truly yours, ".OA RISC, Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Bureau Gary Schick, Building & Safety Mark Welch, GGG Engineering Stonebrooke of Rochester, LLC Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 151 LLC WETLAND COMMENTS FOR DEVELOPMENT APPLICATIONS Application Number: Preliminary Plat #06-14, by Stonebrooke of Rochester, No hydric soils exist on the site based on the Soil Survey ❑ Hydric soils exist on the site according to the Soil Survey. The property owner is responsible for identifying wetlands on the property and submitting the information as part of this application. ® A wetland delineation has been carried out for the property and is on file with the Planning Department. A wetland delineation is on file with the Planning Department and a No -Loss, Exemption, or Replacement Plan has been submitted to the Planning Department. ❑ A wetland related application has been approved by the City. This plan incorporates the approved wetland plan. ❑ No hydric soils exist on the property based on the Soil Survey. However, due to the location in the landscape, the property owner should examine the site for wetlands. The property owner is responsible for identifying wetlands. ® Other or Explanation: This proposal will not cause a filling of the delineated wetlands on the property to the north and east of the plat. From John Harford Wetlands LGU Representative 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, June 28, 2006, at 7:00 p.m. in the Council/Board Chambers of the Government Center, 151 4th Street SE, Rochester, MN. Members Present: Mr. Jay Burke, Chair; Ms. Leslie Rivas, Vice Chair; Ms. Lisa Wiesner; Mr. Vince Barry; Mr. Robert Haeussinger; Mr. John McGuine; and Mr. Gerald Pestka Members Absent: Mr. Jesse Wallace and Mr. Paul Ohly Staff Present: Mr. John Harford and Ms. Jennifer Garness Other City Staff Present: Ms. Pat Alfredson, City Attorney SET ORDER OF AGENDA: Ms. Rivas moved to approve the agenda, as written. Ms. Wiesner seconded the motion. The motion carried unanimously. CONSENT AGENDA: Mr. McGuine made a motion to approve the following consent items. Ms. Wiesner seconded the motion. • June 14, 2006 minutes The motion carried unanimously. PUBLIC HEARINGS: located north of TH 14, south of College View Road, east of 36 Ave SE, adjacent to Sunnydale No. Two Subdivision. Mr. John Harford presented the staff report, dated June 21, 2006, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. The applicant's representative, Mark Welch of GGG Engineering (14070 Hwy 52 SE, Chatfield MN 55923), addressed the Commission. He stated that the applicant is in agreement with the staff -recommended conditions. With no one else wishing to be heard, Mr. Burke closed the public hearing. 0 Page') City Planning and Zoning Commission Minutes Hearing Date: June 28, 2006 Ms. Wiesner moved to recommend approval of Preliminary Plat #06-14, by Stonebeooke of Rochester, LLC with the staff -recommended findings and conditions. Mr. Pestka seconded the motion. The motion carried 7-0. CONDITIONS: Af 1. The :Plat shall beQevrsed , a 'Dedicating the nb6ded rrgf t Af way fnr th ° dim6OMM pf 40 ftbriUk SE"to Sunrry .a 6 lane $E�as part bf this pIN � b. _ The transition ol.riginvof-way frorsr i¢fi' to 5drshalf e> ePd toA riarth line of proposed Lot t, Block 4. 2. Dedication of arkland shalt be met via: Deferred am dedroatrnr%a i i Irn in 44 i the June 5, 2006 Mernorandurn lrrom the Rochester pax arrd Recreation Departments , YYS Y� 'Yr ding adrtDrainagePlappxouas'required pno toilnaf plat appin ,��Si°y`s�.t� d bedicatron of any appflcable off site easements rs ret]td prin>sina 7 ar*g rs fists gq �.4rr`,a p..... w4. ubmlttal y p , .e r`. u°� L'�- 5 This propertti is withrat the plarinod Intgrmedtate a S�rst r �1xea which ter ulres the"oonsfrur<tinn of a PAStatio6,b -6915 �e a a furnished{_ RRU Co t located atR,' tyre�rtreme wesnlitari$r 1= (at the. iy� ,�ilt!`rdf`tlieexlstff`► "."sty-%u _ ,�<,�`"�,�°�"`�- a�` �'��"ik��'R �, m Mr. John Harford presented the staff orts, d d June 20, 2006 and June 21, 2006, to the Commission. The staff reports are on fil a Rochester Olmsted Planning Department. Mr. Harford stated that Ms. Baker ussed wit im the need to add two conditions of approval for the Substantial Land Alter ' n. These include: 1. The Rochest ublic Works Department will need to iew and approve the grading and drain plan far this work. This plan must accommo permanent and interim erosi nd sediment control. 11 REQUEST FOR COUNCIL ACTION MEETING 7-17-06 AGENDA SECTION: ORIGINATING DEPT: ITEM N . PUBLIC HEARING PLANNING ITEM DESCRIPTION: Final Plat #06-16 by HyVee, Inc. to be known as Parkway PREPARED BY: Plaza Third Subdivision. The plat proposes to combine two existing parcels Mitzi A. Baker, into one lot of approximately 1.5 acres for commercial development. The plat Senior Planner includes a portion of the 3rd Ave., NW right of way. The property is located south of 371" St., NW, west of the Zumbro River, and east of 3`d Ave., NW. July 13, 2006 Staff has reviewed this final plat for compliance with the applicable regulations and recommends approval subject to the following conditions/modifications: 1. Prior to recording the final plat documents, the applicant shall pay the E911 Addressing and GIS Impact fees, as outlined in the July 5, 2006 letter from the Rochester Olmsted Planning Department GIS/Addressing division. 2. The Plat shall be revised to dedicate access control along the entire frontage of 3e Street NW, and along the entire frontage of 3`d Ave NW with the exception of the two access locations indicated on the Site Plan for SDP #04-35. 3. Construction of pedestrian facilities is required along the frontage of the Property, concurrent with development. Council Action Needed: 1. If the Council wishes to proceed, it should instruct the City Attorney to prepare a resolution with findings supporting their decision. Distribution: 1. City Attorney 2. Planning Department File 3. Applicant: This item will be considered sometime after 7:00 p.m. on July 17, 2006, in the Council/Board Chambers at the Government Center, 151 4th Street SE. t �fity'% tV 2 COUNCIL ACTION: Motion by: second i ER a CD 0 0 a� 3 m `m O m am C m oa o� y O M U c 'O O A -O p a`az� MN AMKd 2GAW M N3' O A r` • h N b ¢else t 1 � oil 14: ie mall 4.1111 i f 0311d-id N n 3. 0f S _ a ,£CA N !-% i 9 0 cQ o J ga- r,N:v M.Vwm r. UX ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 C G Y NY Y OF www.olmstedcounty.com/planning TO: Rochester Common Council FROM: Mitzi A. Baker, Senior Planner DATE: July 13, 2006 w.�pu» yiiiiii�a RE: Final Plat #06-16 by HyVee, Inc. to be known as Parkway Plaza Third Subdivision. The plat proposes to combine two existing parcels into one lot of approximately 1.5 acres for commercial development. The plat includes a portion of the 3rd Ave., NW right of way. The property is located south of 37`" St., NW, west of the Zumbro River, and east of 3'd Ave., NW. Planning Department Review: Applicant/Owner: Surveyors/Engineers: Report Attachments Plat Data: Hy-Vee Inc. 5820 Westown Parkway West Des Moines, IA McGhie & Betts, Inc. 1648 Third Ave SE Rochester, MN 55904 1. Referral Comments 2. Location Map 3. Copy of Final Plat Location of Property: The property is located south of 371h St., NW, west of the Zumbro River, and east of 3`d Ave., NW. Zoning: The property is zoned B-4 (General Commercial). Proposed Development: The plat proposes to combine two existing parcels into one lot of approximately 1.5 acres for commercial development. The plat includes a portion of the 3`d Ave., NW right of way. Wetlands: No hydric soils exist on the site based on the Soil Survey. Streets: There are no new roadways being dedicated with this Plat. Removal of Trees/Brush: The applicant intends to use a combination of burning on -site MTalre BUILDING CODE 507/285-8345 • GISIADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 5071285-8224 PLANNINGIZONING 507/285-8232 • WELUSEPTIC 507/285-8345 FAX 507/287-2275 AN EQUAL OPPORTUNITYIAFFIRMATIVE ACTION EMPLOYER Page 2 July 13, 2005 Parkland Dedication: There is no parkland dedication required with this subdivision. Planning Staff and Recommendation: Staff would recommend approval subject to the following conditions: 1. Prior to recording the final plat documents, the applicant shall pay the E911 Addressing and GIS impact fees, as outlined in the July 5, 2006letter from the Rochester Olmsted Planning Department GIS/Addressing division. 2. The Plat shall be revised to dedicate access control along the entire frontage of 3e Street NW, and along the entire frontage of 3.d Ave NW with the exception of the two access locations indicated on the Site Plan for SDP #04-35. 3. Construction of pedestrian facilities is required along the frontage of the Property, concurrent with development. (J' ROCHESTER K4-" U TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DATE: 7/10/06 DEPARTMENT OF PUBLIC WORKS 201 4" Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281.6216 The Department of Public Works has reviewed the application for Final Plat #06-16, for Parkway Plaza 3rd Subdivision. The following are Public Works comments on this request: 1. Dedication of Controlled Access is required on the Final Plat along the entire frontage of 37" St NW, and along the entire frontage of 3rd Ave NW with the exception of the two access locations indicated on the site plan for SDP#04-35. 2. A City -Owner Contract has been approved for the public infrastructure to serve the Property. 3. Construction of pedestrian facilities is required along the frontages of the Property, concurrent with development. Charges/fees applicable to the development of this property are included in the City -Owner Contract, with the exception of the Plant Investment Fee which will be collected through the Building permit review process. C:\Documents and Settings\plasfost\Local Settings\Temporary Internet Files10LK1C\FP06-16 Parkway Plaza 3rd Subd (Hy-Vee C Store site).doc Rochester -Olmsted Plannins partment GIS/Addressing Division 2122 Campus Drive SE, Suite 100 Rochester, MN 55904-4744 FINAL PLAT REFERRAL RESPONSE DATE: July 5, 2006 TO: Jennifer Garness, Stephanie Foster FROM: Randy Growden GIS/Addressing Staff Rochester -Olmsted County Planning Department CC: Jan Chezick; Ed Kuisle; McGhie & Betts Inc. RE: PARKWAY PLAZA THIRD SUBDIVISION FINAL PLAT # 06-10 Phone: (507)285-8232 Fax: (507)287-2275 UPON REVIEW OF THIS PLAT THE FOLLOWING FEES ARE REQUIRED TO BE PAID BEFORE THE PLAT CAN BE ADDRESSED. E911 ADDRESSING FEE: $ 80.00 (1 LOTS/ADDRESSES) GIS IMPACT FEE: $ 415.00 (1 LOTS/OUTLOTS) Notes: 1. Additional E911 Addressing fees may be required upon Site Plan review. 2. Final Plats must be approved and the above fees paid before application requests for addressing can be submitted to the E911 Addressing Staff — Rochester/Olmsted A review of the final plat has turned up the following ADDRESS or ROADWAY related issues: NOTE: There is one address fee assessed to this plat as the existing address in the platting area will no longer be valid and will need to be re -applied for when a new address is needed. DISPOSAL OF TREES AND BRUSH In November 2004, the City Council adopted an amendment to the Rochester Zoning Ordinance and Land Development Manual. The text of the amendment is as follows: 61.200 SUBDIVISION ACTIVITIES: The requirements of Sections 61.200 through 61.584 identify approvals that will be required to authorize any subdivision activity which is defined as a subdivision by statute or City ordinance. Any person seeking approval of subdivision activity, development activity or a conditional use permit must indicate whether there will be burning of brush, trees or debris that will be cleared as part of the subdivision activity. In order to apply this provision, you will need to indicate at the bottom of the page plans for disposal of trees, slash, and brush. Please sign and date the form. You must submit this information to the Planning Department prior to applying for a burning permit from the Fire Department If plans change prior to obtaining a burning permit, you will need to notify the Planning Department. Within this development as proposed through the development application, trees, slash, and brush will be disposed by: I Burning on site Chipping on site Salvaging and removing from the property Other; describe in detail: Signa re of Applicant of Develgpfm�ent Proposal �r r'rl7ac�, Date c:+docnmcnts and scttingstlaigticVocel serdngsltempurary intern[ fi1es\o1k3\1920-95.doc REQUEST FOR COUNCIL ACTION REPORTS AND RECOMMENDATIONS I CITY CLERK ITEM DESCRIPTION: SOUND AMPLIFICATION REQUESTS MEETING 1uq / DATE: 07/17/06 F-I PREPARED BY: Bethany Gerber The following SOUND AMPLIFICATION REQUESTS are submitted for the Council's approvals or disapprovals. All are pending departmental approvals, the required insurance, bonds, fees and all outstanding debts with the City of Rochester. MAXIMUM ALLOWABLE SOUND PRESSURE LEVEL NO MORE THAN 85 DECIBELS Brother's Bar and Grill 812 South Broadway Rochester, MN 55904 15t' Anniversary Party 08/12/06 7:00 PM to 11:30 PM Private Wedding 08/26/06 7:00 PM to 11:30 PM Calvary Chapel Illusion Show & Picnic Three Links Park Picnic Shelter Rochester, MN 55906 08/23/06 6:00 PM to 10:00 PM WAIVE THE MAXIMUM ALLOWABLE SOUND PRESSURE LEVEL TILL 10:30 PM National Environmental Trust 2929 University Avenue SE Minneapolis, MN 55414 P.I.R.G. Prop Tour at East Silver Lake Park 7/20/06 10:00 AM to 12:00 PM Boomer's Lounge 3737 40"' Avenue NW Rochester, MN 55901 Class Reunion 08/11/06 6:30 PM to 10:30 PM Epilepsy Foundation P.O. Box 7374 Rochester, MN Stroll for Epilesy at Silver Lake Park 08/10/06 6:00 PM to 8:30 PM Christian Bookstore 815 North Broadway Rochester, MN 55902 Free Youth Concert 08/18/06 6:00 PM to 10:00 PM COUNCIL ACTION: Motion by: second by: to: k-40 SOUND AMPLIFICATION REQUESTS JULY 17 , 2006 PAGE WAIVE THE MAXIMUM ALLOWABLE SOUND PRESSURE LEVEL TILL 10:30 PM Chateau Theatre -Cruise for Kids 3450 East Circle Drive NE Rochester, MN 55906 Chateau Theatre Parking Lot 07/23/06 10:00 AM to 5:00 PM New Horizon Services Rock Show (Toys for Tots) Mickey's Irish Saloon Civic Center Drive Rochester, MN 55906 09/16/06 4:00 PM Harvest Classic 19t' Annual 1 OK Run 421 14t' Avenue SW Rochester, MN 55905 Starts at Silver Lake Park Pavillion 09/02/06 Mt. Zion Christian Center 1705 Greystone Lane SW Rochester, MN 55902 Peace Plaza Worship Service 08/05/06 COUNCIL ACTION REQUESTED A motion to approve the Sound Amplification Permits. 7:00 AM to 10:00 PM to 12:00 AM 12:00 PM to 5:00 PM ADDITIONAL INFORMATION FOR ITEM F-1 JULY 17, 2006 AGENDA Mayor & Council ,Stev'an Kvenvold Gary Neumann Terry Spaeth Terry Adkins Richard Freese APPLICATION PERMIT # 02 COUNCIL DATE: DATE OF APPLICATION: DATE RECEIVED RECEIPT NUMBER AMOUNT PAID — APPLICATION FOR SOUND AMPLIFICATION PERMIT APPLICATION TO BE SUBMITTED AT LEAST 30 DAYS IN ADVANCE OF EVENT TO: CITY CLERK'S OFFICE, 201 4TH ST. SE, ROCIIESTER, MN. 55904 APPLICANT INTORMATION NAME OF APPLICANT/RESPONSIBLE PARTY: I AV Fq LTc �-I / �1 (r1KS I) J (M1DDLt) l ' (LAS 1) f `/ HOME ADDRESS: / 70'7 L' C) !1 C -S z /� L d ei7'/G Kli N DATE OF BIRTH: 1 Z /1C /-S: > 7 HOME TELEPHONE NUMBER: �/-� 7 Cj CELL PHONE NUMBER: Z 7� / NAME OF ORGANIZATION: -y j.3 LC I 1 ('t�J of /g 1C 14") (}y' C1%L 1 1 +, r ADDRESS: :S �Z SOY I I1 �13t-c y,'Xl14Z Pyc hC'.� /c Ae 191 k TELEPHONE NUMBER: 2-,s;/ v c� o Z CONTAlCT PERSON INFORMATION CONTACT PERSON DURING EVENT: AdeCg l4�1i 1 IAZ / wo-c? k/ HOME ADDRESS: % 7C ! ('C 15 (Fl�ll� 5� ( GC�7C V('/L7 / j7 �LAST)5 s DATE OF BIRTH: TELEPHONE NUMBER: S Z �� / CELL PHONE NUMBER: PURPOSE OF EVENT: DATE(S) OF EVENT: / Z / I(7 ff // DAY(S) OF WEEK: LOCATION OF SPECIAL EVENT: Q LIT DESCRIPTION OF ENTERTAINMENT TO BE PROVIDED: MAXIMUM NUMBER OF PEOPLE WHO WILL BE PERMITTED //11 TO BE IN ATTENDANCE ON ANY PARTICULAR DAY C HOW WILL ATTENDANCE BE LIMITED TO THE NUMBER OF PEOPLE INDICATED C Poe START TIME: Q O Ot'7 1 END TIME: I I' � () )Y"yl ATTACH A SKETCH, SITE PLAN, STAGE PLOT OR OTHER DESCRIPTION OF THE LAND AND PREMISES TO BE USED FOR THE EVENT FOR WHICH THE PERMIT IS SOUGHT. BE SPECIFIC AS TO THE PLACEMENT OF SOUND SYSTEM SPEAKERS AND THE DIRCTION THE SOUND WILL TRAVEL. 2. PROVIDE A DESCRIPTION OF THE FACILITIES AND ARRANGEMENTS TO BE IMPLEMENTED FOR THE HANDLING OF FOOD, MEDICAL NEEDS, SANITATION, FIRE SERVICES, GARBAGE DISPOSAL, AND SECURITY INCLUDING CROWD CONTROL AND TRAFFIC CONTROL. (Use Additional Sheet If Necessary)) k\t, :P7 n el�. Wi 104) C4 (� o & eK4 S e (' av) I K)4 S 04"_ (4,)-r4 rt0 I(c)Pr_0 Pcicl(ii IC lcr1- 0 1 r I( Uf`_-) 3. ATTACH A WRITTEN STATEMENT FROM THE CHIEF OF POLICE OR THE CHIEF'S DESIGNEE STATING THAT, IN THE CHIEF'S OPINION, APPROPRIATE ARRANGEMENTS HAVE BEEN MADE TO PROVIDE ADEQUATE SECURITY AND POLICE PROTECTION FOR THE EVENT FOR WHICH THE PERMIT IS SOUGHT INCLUDE CROWD CONTROL, TRAFFIC CONTROL AND POLICE PROTECTION FOR ADJACENT PROPERTY OWNERS. 4. PROVIDE THE MEANS AND METHODS PROPOSED BY THE APPLICANT TO PREVENT NOISE FROM THE EVENT FROM UNREASONABLY DISTURBING THOSE PERSONS WHO LIVE OR WORK IN THE VICINITY OF THE EVENT. (Use Additional Sheygt I)Wecessary) A (''prvct-It iz���c{ t/�11 leas Klee 6 cl-tc, cvcfv i-F- I J_ t` chin Ilia L c Q C 5. APPLICANT REQUESTS THE COUNCIL TO IMPOSE THE FOLLOWING SOUND LIMITATION (Check One) MAXIMUM ALLOWABLE SOUND PRESSURE LEVEL NO MORE THAN 85 DECIBELS MEASURED AT THE PROPERTY LINE OR VENUE BOUNDARY. WAIVE THE MAXIMUM ALLOWABLE SOUND PRESSURE LEVEL AND REQUIRE THE AMPLIFIED SOUND TO TERMINATE NO LATER THAN 10:30 P.M. The Applicant hereby agrees that a copy of Rochester Code of Ordinances 117 has been provided with the application and that the Applicant has read and does understand the regulations found within the Ordinance, and does intend to comply with the regulations found within the Ordinance and any conditions of approval imposed upon the permit that might be granted in response to his application. ignature of Applicant PERMIT FEE: S25.00 YOU WILL NEED TO CHECK WITH THE PARK DEPARTMENT AT 281-6160 TO OBTAIN THE REQUIRED PARK DEPARTMENT PERMITS IF YOU ARE HOLDING YOUR VENUE ON PARK DEPARTMENT PROPERTY. FOR ADMINISTRATION USE ONLY PARK DEPARTMENT. - COMMENTS. (SIGNATURE) POLICE DEPARTMENT: COMMENTS. 07/11/06 10:30 FAX 507 287 2275 JUL-10-2006 10:10 CITY CLERK ROCH-OLM PLANNING DEPT. + CITY CLERK 11PO 22 P.31/49 FIRE DEPARTMENT.• COMMENTS: PLANNING DEPARTMENT.• COMMENTS: (SIGNATURE) CITY CLERKAPPROVAL: DATE: APPLICATION # 3 02 (o PERMIT # COUNCIL DATE: DATE OF APPLICATION: DATE RECEIVED 7 /ap Up RECEIPT NUMBER 0 O CG AMOUNT PAID `b APPLICATION FOR SOUND AMPLIFICATIONPERMIT APPLICATION TO BE SUBMITTED AT LEAST 30 DAYS IN ADVANCE OF EVENT TO: CITY CLERK'S OFFICE, 201 4'H ST. SE, ROCHESTER, MN. 55904 APPLICANT INFORMATION NAME OF APPLICANTIRESPONSIBLE PARTY: Wt C t'II--I Aa) C AY F4 L-Tc`X 1 (FIRST) (MIDDLE) HOME ADDRESS: 7 0 cl 6, C-1 fq eft 5 /<Z' 0 C% DATEOFBIRTH: iZ //C IS-3 HOME TELEPHONE NUMBER: 2-S2-/ / 7 / CELL PHONE NUMBER: NAME OF ORGANIZATION: Rc'C` F�7C t✓S gpf= H h1 o xADDRES5: I Z Sch P c CFIIi OC( e,3 1cle rii KI SS%C� TELEPHONE NUMBER: 2-J - 9 P CONTACT PERSON DURING EVENT: HOME ADDRESS: I � C` CONTACT PERSON INFORMATION L?ic h w,-,g t) Clay F-4 LTC,( I. J1 DATE OF BIRTH: % 11C S . TELEPHONE NUMBER: =� / 7 C/ CELL PHONE NUMBER: - S C/' � 7� EVENT INFORMATION PURPOSE OF EVENT: (`� 7�1 ��,tIe �� S i ` t4knl r DATE(S) OF EVENT: ,? / / 2 / o c n DAY(S) OF WEEK: 7 ct le 01- 1�/ LOCATION OF SPECIAL EVENT: c t! I l 1 C < I %C(L 1Ct , c� C_. CT f 1 �.' DESCRIPTION OF ENTERTAINMENT TO BE PROVIDED: [.. j (,' C 17 / IW MAXIMUM NUMBER OF PEOPLE WHO WILL BE PERMITTED TO BE IN ATTENDANCE ON ANY PARTICULAR DAY HOW WILL ATTENDANCE BE LIMITED TO THE N,(UM 3ER OFF PEOPLE INDICATED START TIME: 7 cc) P02 END TIME: 3 c I >� ATTACH A SKETCH, SITE PLAN, STAGE PLOT OR OTHER DESCRIPTION OF THE LAND AND PREMISES TO BE USED FOR THE EVENT FOR WHICH THE PERMIT IS SOUGHT. BE SPECIFIC AS TO THE PLACEMENT OF SOUND SYSTEM SPEAKERS AND THE DIRCTION THE SOUND WILL TRAVEL. 2. PROVIDE A DESCRIPTION OF THE FACILITIES AND ARRANGEMENTS TO BE IMPLEMENTED FOR THE HANDLING OF FOOD, MEDICAL NEEDS, SANITATION, FIRE SERVICES, GARBAGE DISPOSAL, AND SECURITY INCLUDING CROWD CONTROL AND TRAFFIC CONTROL. (Use Additional Sheet If Necessary)) SIG Ec)c �CIn���C�J t`� �!!�#C�C �C''S CN ATTACH A WRITTEN STATEMENT FROM THE CHEF OF POLICE OR THE CHIEF'S DESIGNEE STATING THAT, IN THE CHIEF'S OPINION, APPROPRIATE ARRANGEMENTS HAVE BEEN MADE TO PROVIDE ADEQUATE SECURITY AND POLICE PROTECTION FOR THE EVENT FOR WHICH THE PERMIT IS SOUGHT INCLUDE CROWD CONTROL, TRAFFIC CONTROL AND POLICE PROTECTION FOR ADJACENT PROPERTY OWNERS. 4. PROVIDE THE MEANS AND METHODS PROPOSED BY THE APPLICANT TO PREVENT NOISE FROM THE EVENT FROM UNREASONABLY DISTURBING THOSE PERSONS WHO LIVE OR WORK IN THE VICINITY OF THE EVENT. (Use Additional Sheetlffecessary) APPLICANT REQUESTS THE COUNCIL TO IMPOSE THE FOLLOWING SOUND LIMITATION (Check One) MAXIMUM ALLOWABLE SOUND PRESSURE LEVEL NO MORE THAN 85 DECIBELS MEASURED AT THE PROPERTY LINE OR VENUE BOUNDARY. WANE THE MAXIMUM ALLOWABLE SOUND PRESSURE LEVEL AND REQUIRE THE AMPLIFIED SOUND TO TERMINATE NO LATER THAN 10:30 P.M. The Applicant hereby agrees that a copy of Rochester Code of Ordinances 117 has been provided with the application and that the Applicant has read and does understand the regulations found within the Ordinance, and does intend to comply with the regulations found within the Ordinance and any conditions of approval imposed upon the permit that might be granted in response to his application. / a Signature of Applicant PERMIT FEE: $25.00 YOU WILL NEED TO CHECK WITH THE PARK DEPARTMENT AT 281-6160 TO OBTAIN THE REQUIRED PARK DEPARTMENT PERMITS IF YOU ARE HOLDING YOUR VENUE ON PARK DEPARTMENT PROPERTY. PARK DEPARTMENT: COMMENTS: POLICE DEPARTMENT: COMMENTS: FOR ADMINISTRATION USE ONLY (SIGNATURE) (SIGNATURE) 07/11/06 10:30 FAX 507 267 ZZ75 JUL-ID-2006 12:10 CITY CLERK KUUU-ULM YLANNIAU UCY'1'. 4 UllX ULbKA igj UZZ P.31149 FIRE DEPARTMENT: r,l�,,i .rw97 PLANNING DEPARTMENT.• COMMENTS: (SIGNATURE) CITY CLERKAPPROVAL: DATE: APPLICATION # 3 a -7Lv PERMIT # COUNCIL DATE: -7 - ►'7 - Uo DATE RECEIVED -1- I A - O RECEIPTNUMBER U AMOUNT PAID APPLICATIONFOR SOUND AMPLIFICATIONPERMTT DATE OF APPLICATION: Z z APPLICATION TO BE SUBMITTED AT LEAST 30 DAYS IN ADVANCE OF EVENT TO: CITY CLERK'S OFFICE, 201 4'" ST. SE, ROCHESTER, MN. 55904 APPLICANT INFORMATION NAME OF APPLICANT/RESPONSIBLE PARTY: (AAIZ�s (MIDDLE) HOME ADDRESS: Q�{ $��(fY1 Ot�C� A) tJ VJ DATE OF BIRTH: HOME TELEPHONE NUMBER: �} 07 —) ?, 2 —132CL CELL PHONE NUMBER: fNUMBER: NAME OF ORGANItZAccT[[ION: / 1 I�LEflc�—��(�[ €j` {�f r ADDRESS: aZt O 1 El �E4t E L� i AU IV IA) r i P r AA W / TELEPHONE NUMBER 5©7 .20— ql Y CONTACT PERSON INFORMATION CONTACT PERSON DURING EVENT: HOME ADDRESS: DATE OF BIRTH: f _?� f, 7 �j TELEPHONE NUMBER: 57U 7 C . 7 .?V CELL PHONE NUMBER: PURPOSE OF EVENT: DATE(S) OF EVENT: V C( 7 DAY(S) OF WEEK: LOCATION OF SPECIAL EVENT: DESCRIPTION OF ENTERTAINMENT TO BE PROVIDED: i `�•�-� i JJ(.%Sfa,1 �b�l��ca! /`/�Llslon\ G['ntr.1 MAXIMUM NUMBER OF PEOPLE WHO WILL BE PERMITTED TO BE IN ATTENDANCE ON ANY PARTICULAR DAY HOW WILL ATTENDANCE BE LIMITED TO THr I, START TIME: > �� — V? U,T M END TIME: ElalY IPG✓1 A10(-) iriT'sR nF PEOPLE INDICATED ('La+ ! nL-4 ATTACH A SKETCH, SITE PLAN, STAGE PLOT OR OTHER DESCRIPTION OF THE LAND AND PREMISES TO BE USED FOR THE EVENT FOR WHICH THE PERMIT IS SOUGHT. BE SPECIFIC AS TO THE PLACEMENT OF SOUND SYSTEM SPEAKERS AND THE DIRCTION THE SOUND WILL TRAVEL. 2. PROVIDE A DESCRIPTION OF THE FACILITIES AND ARRANGEMENTS TO BE IMPLEMENTED FOR THE HANDLING OF FOOD, MEDICAL NEEDS, SANITATION, FIRE SERVICES, GARBAGE DISPOSAL, AND SECURITY INCLUDING CROWD CONTROL AND TRAFFIC CONTROL. (Use Additional Sheet IfNecessary)) s�W --.I j -t�_ /� 4- - 4. r� w%,t1 A 1 1 Al A A W KI I I hN S ATEMENT FROM THE CHIEF OF POT.WP OR THE f'HTRF'C mZcyn-X�V C�A mnIn THAT, IN THE CHIEF'S OPINION, APPROPRIATE ARRANGEMENTS HAVE BEEN MADE TO PROVIDE y ADEQUATE SECURITY AND POLICE PROTECTION FOR THE EVENT FOR WHICH THE PERMIT IS SOUGHT INCLUDE CROWD CONTROL, TRAFFIC CONTROL AND POLICE PROTECTION FOR ADJACENT PROPERTY OWNERS. PROVIDE THE MEANS AND METHODS PROPOSED BY THE APPLICANT TO PREVENT NOISE FROM THE EVENT FROM UNREASONABLY DISTURBING THOSE PERSONS WHO LIVE OR WORK IN THE VICINITY OF THE EVENT.(Use Additional Sheet lfNecessssrary)( j, -10 F,, u4 5. APPL ANT REQUESTS THE COUNCIL TO IMPOSE THE FOLLOWING SOUND LIMITATION (Check One) MAXIMUM ALLOWABLE SOUND PRESSURE LEVEL NO MORE THAN 85 DECIBELS MEASURED AT THE PROPERTY LINE OR VENUE BOUNDARY. WAIVE THE MAXIMUM ALLOWABLE SOUND PRESSURE LEVEL AND REQUIRE THE AMPLIFIED SOUND TO TERMINATE NO LATER THAN I0:30 P.M. The Applicant hereby agrees that a copy of Rochester Code of Ordinances 117 has been provided with the application and that the Applicant has read and does understand the regulations found within the Ordinance, and does intend to comply with the regulations found within the Ordinance and any conditions of approval imposed upon the permit that might be granted in response to his application. Signature of A� _ iea�nt-1 PERMIT FEE: $25.00 YOU WILL NEED TO CHECK WITH THE PARK DEPARTMENT AT 281-6160 TO OBTAIN THE REQUIRED PARK DEPARTMENT PERMITS W YOU ARE HOLDING YOUR VENUE ON PARK DEPARTMENT PROPERTY. PARK DEPARTMENT: COMMENTS: POLICE DEPARTMENT: COMMENTS: FOR ADMINISTRATION USE ONLY (SIGNATURE) /Off_7VA Tr•7A KI FIRE DEPARTMENT: COMMENTS: PLANNING DEPARTMENT.• COMMENTS: (SIGNATURE) (SIGNATURE) CITY CLERKAPPROVAL: DATE: I_r C-r�, r At r i C �3 r � V1 JL-06--m0c 09:36 3 CIT�CLERK P.@i APPLICATION # DATE REcrivED % -10 "0 CO PERMIT # 00 (nl - RECEIPTNUMBER 0 70-1 2 COUNCIL DATE. -7 -17 () fo AMOUNT PAID $ :aFi -- APPLICATION FOR SOUNDAMPLIFIC4T70NPERMIT DATEOFAPPLICATIDN: I APPLICATION TO BE SUBMITTED AT j,>:.AST 30 DAYS IN ADVANCE OF EVENT TO: CITY CLERK'S OFFICE, 2014m ST. SE, ROCHESTER, AW. 55904 APPLIC&U MORMATION NAME OF APPLICANMESPONSIBLE PARTY: e 4"-r.S " 002�er 2 . (2 ,� (FIRST) (MIDDLE) (LAST) ., ..., .. I A , _ -. i NI /CGS . �/iv HOME ADDRESS: JJ i DATE OF FIRTH: HOME TELEPHONE N dBERi Ef CELL PHONE NUMBFIt 5 0M E- NAME OF ADDRESS: oL 7 ( (/.(/ velsl Y* lrvc. TELEPHONE NUMBER�L 19 ) N t. S— Y" � (, CONTACT PERSON INFORMATION CONTACT PERSON DURING EVENT: HOME ADDRESS: Y fy / �{ sryiY DATE OF BIRTH• �� ` / l TELEPHONE NUMBED I L) �/G fi�(o �o CELL PHONE NUMBER: EX/n I VENT INNFFORMATION PURPOSE OF EVENT: P T . R- Cr-. Ir/i6ovr "'� 1%[ DATES) OF EVENT: 4I'-20/00o G /r G/DAY(S) OF WEEEK: f Ayrs"/!y F, LOCATION OF SPECIAL EVENT: _"4 S"i 1 er' e�-[c•e s GfIG DESCRIPTION OF ENTERTAINMENT TO BE PROVIDED: / l-j a a P "lclr�� OPI Y-r�e erP IA P zZ 4 r C-S-r Co .X.2. G donut �1 f PLI crew OU9" &.c e ON a /0 - 00 G /0 6'-� �IH/ kl ,) ILL-Ei6-2006 0?;36 CIT" CLERK ?.02 MAXIMUM NUMBER OF PEOPLE WHO WILL BE PERMITTED "0 BE IN ATTENDANCE ON ANY PARTICULAR DAY HOW WILL ATTENDANCE BE LIMITED TO THE NUMBER OP PEOPLE INDICATED START TIME: /0 14M END TIME: / 1AM — 12*0,44 Sec AOcS. ATTACH A SKETCH, SITE PLAN, STAGE PLOT OR OTHER DESCRIPTION OF THE LAND AND PREMISES TO BE USED FOR TEE EVENT FOR R'HICH THE PERMIT IS SOUGHT. 13E SPECIFIC AS TO THE PLACEMENT OF SOUND SYSTEM SPEAKERS AND THE DIRCTION THE SOUND WILL TRAVEL. Z. PROVIDE A DESCRIPTION OF TIM FACILITIES AND ARRANGEMESTS TO BE IMPLE.\swmD FOR THE HANDLING OF FOOD, MEDICAL NEEDS, S.424TTATION, FIRE SERVICES, GARBAGE DISPOSAL, AND SECURITY INCLUDING CROWD CONTROL AND TRAFFIC CONTROL, (Use.4diitioncl ShestljNccvssary)) 3. ATTACH A WRITTEN STATEMENT FROM THE CHIEF OF POLICE OR THE CHIEF'S DESIGNEE STATING THAT, IN THE CMEF'S OPINION, APPROPRIATE ARRANGEMENTS HAVE BEEN MADE TO PROVIDE ADEQUATE SECURITY AND POLICE PROTECTION FOR THE EVENT FOR WHICH THE PERMIT IS SOUGHT INCLUDE CROWD CONTROL, TRAFFIC CONTROL AND POLICE PROTECTION FOR ADJACENT PROPERTY OWNERS. 4. PROVIDE THE MEANS AND METHODS PROPOSED BY THE APPLICANT TO PREVENT NOISE FROM THE EVENT FROM UNREASONABLY DISTURBING THOSE PERSONS WHO LIVE OR WORK IN THE Iv7CINITY OF THE EVENT. (T rvs Additional Sheet IjNecessary) 1. We do not really have a sketch plan, mainly because I have zero artistic ability. But, I can provide a basic detailed description of the layout of the event: There will be a large inflatable "burning Earth", which will be brought on a truck via the parking lot adjacent to the park on East Lake St. It will be placed one grass next to the playground area and inflated there, very simple process. Right next to the prop, we will have a small podium PA set-up, taking up no more than maybe ten feet. There will be one speaker on each side of the podium, and the podium will be on just one short riser. The sound should be quite minimal, as it is meant mostly for a group of reporters who will be there to take notes on the speeches and engage in a press conference following those speeches. 2. There will be no food or drinks served by us. Since this is only a press conference, and not a rally or otherwise large gathering event, we sense there is no need whatsoever for medical, sanitation, fire services (there is actually a fire station right next door) or special garbage disposal. The NET representative will handle garbage, security, crowd control and traffic control if necessary. He is actually trained in such capacity as well. 3. I have not been briefed on the necessity to involve the Chief of Police et -al, since this is, again, not a large gathering. We anticipate no more than 10-20 people to show up to this event. If you still feel that I need to provide a special statement from the Chief of Police, please let me know ASAP and I will place a call to him/her. I, as the NET representative, will guarantee that neighbors and adjacent property owners will not be disturbed beyond the normal daily activity in East Silver Lake Park. 4. There will only be one microphone, connected to a very small PA system. I will be in charge of running that sound, and can guarantee that it will remain at acceptable levels. If, for some unforeseeable reason, the event becomes too loud or is over -occupied, I will end the event immediately. JLL-0E-P006 04:37 CITY CLERK P.03 n. AFFLIUAN'I RFQLESTS THE COUNCIL TO IMPOSE THE FOLLOWING SOUND LIMITATION (Check One) MAXIMUM ALLOWABLE SOUND PRESSURE LEVEL NO MORE THAN 85 DECIBELS MEASURED AT THE PROPERTY LINE OR VENUE BOUNDARY. WAIVE THE MAXIMUM ALLOWABLE SOUND PRESSURE LEVEL AND REQUIRE THE AMPLIFIED SOU -ND TO TERMINATE NO LATER THAN 10:30 P.M. The Applicant hereby agrees that a copy of Rochester Cade of Ordinances 117 has been provided with the application and that the Applicant has read and does understand the regulations found within the Ordinance, and does intend to comply with the regulations found within the Ordinance and any conditions of apptocat unposed U20n the permit that mi.*,t be granted in response to his applioation. /-) // /J _, Of PERNIIT FEE: 525.00 CHECK WITH THE PARK DEPARTMENT AT 28I-5140 TO OBTAIN THE REQUIRED PARK DEPARTMENT PERMITS IF YOU ARE HOLDUgG YOUR VENLE ON PARK DEPARTMENT PROPERTY. FOR ADMINISTRATION USE ONLY PARK,DEPARTMENT: COMMENTS, POLICE" AEPARTAMNT. COMMENTS: 07/11/06 10:30 FAX 507 287 2275 JUL-10-2006 10:10 CITY CLERK ROCH-OLM PLANNING DEPT. 4 CITY CLERK IM022 P.31/49 FIRE DEPARTMENT: COMMENTS: PLANNING DEPARTMENT: COMMENTS: (SIGNATURE) CITY CLERKAPPROVAL: DATE: APPLICATION# 3a U tG PERMIT # to iT COUNCIL DATE: 7 - ! 7 - O(a DATE RECEIVED RECEIPT NUMBER 0 AMOUNT PAID 2 5 , C APPLICATION FOR SOUND AMPLIFICATION PERMIT DATE OF APPLICATION: T /U ' 0 6 APPLICATION TO BE SUBMITTED AT LEAST 30 DAYS IN ADVANCE OF EVENT TO: CITY CLERK'S OFFICE, 201 4"i ST. SE, ROCHESTER, MN. 55904 APPLICANT INFORMATION NAME OF APPLICANT/RESPONSIBLE PARTY: HOME ADDRESS: 2/ Z, Y �. C 1 DATE OF BIRTH: / Z - 7- 7_ HOME TELEPHONE NUMBER: 2J—V - (1 a CELL PHONE NUMBER: M9,2 %, NAME OF ORGANIZATION:— �SOD/Mr F.S eCa?JA16i!' ADDRESS: ?7? % vo V. /'v TELEPHONE NUMBER: 51Z-1' 2ZZ CONTACT PERSON INFORMATION CONTACT PERSON DURING EVENT: Dk ppIZ Y ,` (FIRST (MIDDLE) (LAST) HOME ADDRESS: //l�7/�. _S E DATE OF BIRTH: 11--12- S- 7 p [/ TELEPHONE NUMBER: .,Z�o'G�yOg3 CELL PHONE NUMBER: J2/7 1 PURPOSE OF EVENT: C DATE(S) OF EVENT: EVENT INFORMATION DAY(S) OF WEEK: LOCATION OF SPECIAL EVENT: e (J'' l- S 1i'C OA/ Z/V C-,6� At e7,Y CW, DESCRIPTION OF ENTERTAINMENT TO BE PROVIDED: ioI 1 % L}nOQ MAXIMUM NUMBER OF PEOPLE WHO WILL BE PERMITTED 0 TO BE IN ATTENDANCE ON ANY PARTICULAR DAY HOW WILL ATTENDANCE BE LIMITED TO THE NUMBER OF PEOPLE INDICATED START TIME: (p • ?O P. // ►. END TIME: leq �0 p _ ATTACH A SKETCH, SITE PLAN, STAGE PLOT OR OTHER DESCRIPTION OF THE LAND AND PREMISES TO BE USED FOR THE EVENT FOR WHICH THE PERMIT IS SOUGHT. BE SPECIFIC AS TO THE PLACEMENT OF SOUND SYSTEM SPEAKERS AND THE DIRCTION THE SOUND WILL TRAVEL. s.,qOI6- � & f;fL45" 2. PROVIDE A DESCRIPTION OF THE FACILITIES AND ARRANGEMENTS TO BE IMPLEMENTED FOR THE HANDLING OF FOOD, MEDICAL NEEDS, SANITATION, FIRE SERVICES, GARBAGE DISPOSAL, AND SECURITY INCLUDING CROWD CONTROL AND TRAFFIC CONTROL. (Use Additional Sheet If Necessary)) siloilI10 3. ATTACH A WRITTEN STATEMENT FROM THE CHIEF OF POLICE OR THE CHIEF'S DESIGNEE STATING THAT, IN THE CHIEF'S OPINION, APPROPRIATE ARRANGEMENTS HAVE BEEN MADE TO PROVIDE ADEQUATE SECURITY AND POLICE PROTECTION FOR THE EVENT FOR WHICH THE PERMIT IS SOUGHT INCLUDE CROWD CONTROL, TRAFFIC CONTROL AND POLICE PROTECTION FOR ADJACENT PROPERTY OWNERS. 4. PROVIDE THE MEANS AND METHODS PROPOSED BY THE APPLICANT TO PREVENT NOISE FROM THE EVENT FROM UNREASONABLY DISTURBING THOSE PERSONS WHO LIVE OR WORK IN THE VICINITY OF THE EVENT. (Use Additional Sheet If Necessary) /� �� twu x- /D 3 o P X , 5. APPLICANT REQUESTS THE COUNCIL TO IMPOSE THE FOLLOWING SOUND LIMITATION (Check One) MAXIMUM ALLOWABLE SOUND PRESSURE LEVEL NO MORE THAN 85 DECIBELS MEASURED AT THE PROPERTY LINE OR VENUE BOUNDARY. —Z�WE THE MAXIMUM ALLOWABLE SOUND PRESSURE LEVEL AND REQUIRE THE AMPLIFIED SOUND TO TERMINATE NO LATER THAN 10:30 P.M. The Applicant hereby agrees that a copy of Rochester Code of Ordinances 117 has been provided with the application and that the Applicant has read and does understand the regulations found within the Ordinance, and does intend to comply with the regulations found within the Ordinance and any conditions of approval imposed upon the permit that might be granted in response to his application. Signature of Applicant PERMIT FEE: $25.00 YOU WILL NEED TO CHECK WITH THE PARK DEPARTMENT AT 281-6160 TO OBTAIN THE REQUIRED PARK DEPARTMENT PERMITS IF YOU ARE HOLDING YOUR VENUE ON PARK DEPARTMENT PROPERTY. FOR ADMINISTRATION USE ONLY PARK DEPARTMENT: COMMENTS: (SIGNATURE) POLICE DEPARTMENT: COMMENTS: 07/11/06 10:30 FAX 507 287 2275 JUL-10-2006 10:10 CITY CLERK ROCH-OLM PLANNING DEPT. 4 CITY CLERK 19 022 P.31/49 FIRE DEPARTMENT: COMMENTS: PLASM NG DEPARTMENT. COMMENTS: (SIGNATURE) TUBE) CITY CLERKAPPROVAL: DATE: APPLICATION # 3 a (o(PD PERMIT # COUNCIL DATE: - DATE RECEIVED 'I - ] - OCD RECEIPT NUMBER AMOUNT PAID APPLICATION FOR SOUND AMPLIFICATION PERMIT DATE OF APPLICATION: APPLICATION TO BE SUBMITTED AT LEAST 30 DAYS IN ADVANCE OF EVENT TO: CITY CLERK'S OFFICE, 201 4"' ST. SE, ROCHESTER, MN. 55904 APPLICANT INFORMATION NAME OF APPLICANT/RESPONSIBLE PARTY: suz- r AcA t 1c { HOME ADDRESS: 51 & 14 15 "C DATE OF BIRTH: " 23, L, -7 HOME TELEPHONE NUMBER _ t' ? CELL PHONE NUMBER: NAME OF ORGANIZATION: Lp1 iace u ADDRESS TELEPHONE NUMBER CONTACT PERSON INFORMATION CONTACT PERSON DURING EVENT: (FIRST) HOME ADDRESS: DATE OF BIRTH: TELEPHONE NUMBER:CELL PHONE NUMBER EVENT INFORMATION PURPOSE OF EVENT: J�FU�EJiG[6;Qr� ��tU iObv�GiiLYI S.Loiz f�iiG. DATE(S) OF EVENT: A-Kj 1C) fU�` DAY(S) OF WEEK: ll)U-rsclCC,U LOCATION OF SPECIAL EVENT: 5 `V C r Ll- P � f iL - `,l' DESCRIPTION OF ENTERTAINMENT TO BE PROVIDED: (jam. ST12G(1 r E ,ta C _t <.'? n r t" a A-Rr ci:4 ainiarts FF � ' MAXIMUM NUMBER OF PEOPLE WHO WILL BE PERMITTED TO BE IN ATTENDANCE ON ANY PARTICULAR DAY I 'P " m+ n HOW WILL ATTENDANCE BE LIMITED TO THE NUMBER OF PEOPLE INDICATED START TIME:0. END TIME: gD m ATTACH A SKETCH, SITE PLAN, STAGE PLOT OR OTHER DESCRIPTION OF THE LAND AND PREMISES TO BE USED FOR THE EVENT FOR WHICH THE PERMIT IS SOUGHT. BE SPECIFIC AS TO THE PLACEMENT OF SOUND SYSTEM SPEAKERS AND THE DIRCTION THE SOUND WILL TRAVEL. 2. PROVIDE A DESCRIPTION OF THE FACILITIES AND ARRANGEMENTS TO BE IMPLEMENTED FOR THE HANDLING OF FOOD, MEDICAL NEEDS, SANITATION, FIRE SERVICES, GARBAGE DISPOSAL, AND SECURITY INCLUDING CROWD CONTROL AND TRAFFIC CONTROL. (Use Additional Sheet If Necessary)) 3. ATTACH A WRITTEN STATEMENT FROM THE CHIEF OF POLICE OR THE CHIEF'S DESIGNEE STATING THAT, IN THE CHIEF'S OPINION, APPROPRIATE ARRANGEMENTS HAVE BEEN MADE TO PROVIDE ADEQUATE SECURITY AND POLICE PROTECTION FOR THE EVENT FOR WHICH THE PERMIT IS SOUGHT INCLUDE CROWD CONTROL, TRAFFIC CONTROL AND POLICE PROTECTION FOR ADJACENT PROPERTY OWNERS. �0 1tf`(G{ iRr 1Jl i�. ray C� ra t'� 4. PROVIDE THE MEANS AND METHODS PROPOSED BY THE APPLICANT TO PREVENT NOISE FROM THE EVENT FROM UNREASONABLY DISTURBING THOSE PERSONS WHO LIVE OR WORK IN THE VICINITY OF THE EVENT. (Use Additional Sheet If Necessary) 5. APPLICANT REQUESTS THE COUNCIL TO IMPOSE THE FOLLOWING SOUND LIMITATION (Check One) ,MAXIMUM ALLOWABLE SOUND PRESSURE LEVEL NO MORE THAN 85 DECIBELS MEASURED AT �j THE PROPERTY LINE OR VENUE BOUNDARY. (/ WAIVE THE MAXIMUM ALLOWABLE SOUND PRESSURE LEVEL AND REQUIRE THE AMPLIFIED SOUND TO TERMINATE NO LATER THAN 10:30 P.M. The Applicant hereby agrees that a copy of Rochester Code of Ordinances 117 has been provided with the application and that the Applicant has read and does understand the regulations found within the Ordinance, and does intend to comply with the regulations found within the Ordinance and any conditions of approval imposed upon the permit that might be granted in response to his application. Signature of Applicant PERMIT FEE: $25.00 YOU WILL NEED TO CHECK WITH THE PARK DEPARTMENT AT 281-6160 TO OBTAIN THE REQUIRED PARK DEPARTMENT PERMITS IF YOU ARE HOLDING YOUR VENUE ON PARK DEPARTMENT PROPERTY. FOR ADMINISTRATION USE ONLY PAR%DEPARTMENT. COMMENTS. 1' (SIGNATURE) 5q4- c"oinn kAlyCJ-k Z85-87-7a POLICE DEPARTMENT: COMMENTS. 07/11/06 10:30 FAX 507 287 2275 JUL-10-2306 10:10 CITY CLERK ROCH-OLH PLANNING DEPT. + CITY CLERK IQ 022 P.31i49 FrRE DEPARTMENT.• COMMENTS: PLANNING DEPARTMENT. COMMENTS: (SIGNATURE) CITY CLERKAPPROVAL: DATE.• APPLICATION # 3 ip iv g PERMIT # (o i COUNCIL DATE: 7 - l'7 DATERECEIVED (0/3D10(o RECEIPTNUMBER 0-066))5C AMOUNT PAID 4 7 5 °o APPLICATION FOR SO UND AMPLIFICA TION PERMIT DATE OF APPLICATION: cc I i S 1 Ol, APPLICATION TO BE SUBMITTED AT LEAST 30 DAYS IN ADVANCE OF EVENT TO: CITY CLERK'S OFFICE, 201 4TH ST. SE, ROCHESTER, MN. 55904 APPLICANT INFORMATION NAME OF APPLICANT/RESPONSIBLE PARTY: HOME ADDRESS: ff ll U DATE OF BIRTH: 11 I .�b r l Cs, y LL) 41F1 (LAST) HOME TELEPHONE NUMBER: S-D-7 2,�-,9 - (D4 S9 CELL PHONE NUMBER: SA.� — NAME OF ADDRESS: TELEPHONE NUMBER: !� Z - zs'l —Zgic. O CONTACT PERSON INFORMATION CONTACT PERSO: HOME ADDRESS: DATE OF BIRTH: I IU h I 1 q� I TELEPHONE NUMBER: S0-7 - Zk `j - t CELL PHONE NUMBER: EVENT INFORMATION PURPOSE OF EVENT:y-e-,?_ Y O ;e 4-. cl.[7c1[? �✓ T DATE(S) OF EVENT: AU Ca Lc 5-n-. ISr2-00ta DAY(S) O1F WEEK: LOCATION OF SPECIAL EVENT: r:r) DESCRIPTION OF ENTERTAINMENT TO BE PROVIDED: EL'.A + j /L ' MAXIMUM NUMBER OF PEOPLE WHO WILL BE PERMITTED TO BE IN ATTENDANCE ON ANY PARTICULAR DAY HOW WILL ATTENDANCE BE LIMITED TO THE NUMBER OF PEOPLE INDICATED START TIME: ' cc '. END TIME: f G '. C, 0 7.w ATTAC SKETCH, SITE PLAN, STAGE PLOT OR OTHER DESCRIPTION OF THE LAND AND PREMISES TO BE 52FOR THE EVENT FOR WHICH THE PERMIT IS SOUGHT. BE SPECIFIC AS TO THE PLACEMENT OF SOUND SYSTEM SPEAKERS AND THE DIRCTION THE SOUND WILL TRAVEL. 2. PROVIDE A DESCRIPTION OF THE FACILITIES AND ARRANGEMENTS TO BE IMPLEMENTED FOR THE HANDLING OF FOOD, MEDICAL NEEDS, SANITATION, FIRE SERVICES, GARBAGE DISPOSAL, AND SECURITY INCLUDING CROWD CONTROL AND TRAFFIC CONTROL. (Use Additional Sheet If Necessary)) ATTACH A WRITTEN STATEMENT FROM THE CHIEF OF POLICE OR THE CHIEF'S DESIGNEE STATING THAT, IN THE CHIEF'S OPINION, APPROPRIATE ARRANGEMENTS HAVE BEEN MADE TO PROVIDE ADEQUATE SECURITY AND POLICE PROTECTION FOR THE EVENT FOR WHICH THE PERMIT IS SOUGHT INCLUDE CROWD CONTROL, TRAFFIC CONTROL AND POLICE PROTECTION FOR ADJACENT PROPERTY OWNERS. 4. PROVIDE THE MEANS AND METHODS PROPOSED BY THE APPLICANT TO PREVENT NOISE FROM THE EVENT FROM UNREASONABLY DISTURBING THOSE PERSONS WHO LIVE OR WORK IN THE VICINITY OF THE EVENT. (Use Additional Sheet If Necessary) So_—p S'�211 r x 1l e d �! [Neil-. -in 5. APPLICANT REQUESTS THE COUNCIL TO IMPOSE THE FOLLOWING SOUND LIMITATION (Check One) MAXIMUM ALLOWABLE SOUND PRESSURE LEVEL NO MORE THAN 85 DECIBELS MEASURED AT THE PROPERTY LINE OR VENUE BOUNDARY. WAIVE THE MAXIMUM ALLOWABLE SOUND PRESSURE LEVEL AND REQUIRE THE AMPLIFIED SOUND TO TERMINATE NO LATER THAN 10:30 P.M. The Applicant hereby agrees that a copy of Rochester Code of Ordinances 117 has been provided with the application and that the Applicant has read and does understand the regulations found within the Ordinance, and does intend to comply with the regulations found within the Ordinance and any conditions of approval imposed upon the permit that might be granted in response to his application. n Signature of Applicant PERMIT FEE: $25.00 YOU WILL NEED TO CHECK WITH THE PARK DEPARTMENT AT 281-6160 TO OBTAIN THE REQUIRED PARK DEPARTMENT PERMITS IF YOU ARE HOLDING YOUR VENUE ON PARK DEPARTMENT PROPERTY. PARK DEPARTMENT. - COMMENTS. POLICE DEPARTMENT: COMMENTS: FOR ADMINISTRATION USE ONLY (SIGNATURE) LCrlJNd TT7R F1 07/11/06 10:30 FAX 507 287 2275 JUL-10-2006 10:10 CITY CLERK ROCH-OLM PLANNING DEPT. + CITY CLERK Im 022 P.31/49 FIRE DEPARTMENT: COMMENTS: PLAAlArING DEPARTMENT. COMMENTS: (SIGNATURE) TUBE) CITY CLERKAPPROVAL: DATE: ?-7�- st APPLICATION # 3 01 (P (0 d")--- PERMIT # La 1 COUNCIL DATE: 7 -17 - OLP DATE RECEIVED -I - A - D (D RECEIPT NUMBER 0�1. 0-7 n S 9 G AMOUNT PAID ,2 � APPLICATION FOR SOUND AMPLIFICATION PERMIT DATE OF APPLICATION: t - 1-6 c- APPLICATION TO BE SUBMITTED AT LEAST 30 DAYS IN ADVANCE OF EVENT TO: CITY CLERK'S OFFICE, 201 4TH ST. SE, ROCHESTER, MN. 55904 APPLICANT INFORMATION NAME OF APPLICANT/RESPONSIBLE PARTY: HOME ADDRESS: v-e_ Q E - (MIDDLE) DATE OF BIRTH: I)L- 11- & L HOME TELEPHONE NUMBER:"- 4(o4'S CELL PHONE NUMBER: NAME OF ORGANIZATION: ADDRESS: SO (--�acA CiVi. TELEPHONE NUMBER: 513b- / 4-0- 1 GO CONTACT PERSON DURING EVENT: HOME ADDRESS: DATE OF BIR TELEPHONE NUMBER: PURPOSE OF EVENT: CONTACT PERSON INFORMATION mt�,L (FIRST) CELL PHONE NUMBER: EVENT INFORMATION `.1L r A 1 .. A . DATE(S) OF EVENT: i-Z� LC DAY(S) OF WEEK: LOCATION OF SPECIAL EVENT: 0(ci`fuv DESCRIPTION lF OF ENTERTAINMENT TO BE PROVIDED: /✓sk`t(A—\`^V re\)fI (LAST) - 34- �- (i t Rovh I MAXIMUM NUMBER OF PEOPLE WHO WILL BE PERMITTED 3 G U TO BE IN ATTENDANCE ON ANY PARTICULAR DAY HOW WILL ATTENDANCE BE LIMITED TO THE NUMBER OF PEOPLE INDICATED START TIME: END TIME: 1. ATTACH A SKETCH, SITE PLAN, STAGE PLOT OR OTHER DESCRIPTION OF THE LAND AND PREMISES TO BE USED FOR THE EVENT FOR WHICH THE PERMIT IS SOUGHT. BE SPECIFIC AS TO THE PLACEMENT OF SOUND SYSTEM SPEAKERS AND THE DIRCTION THE SOUND WILL TRAVEL. 2 PROVIDE A DESCRIPTION OF THE FACILITIES AND ARRANGEMENTS TO BE IMPLEMENTED FOR THE HANDLING OF FOOD, MEDICAL NEEDS, SANITATION, FIRE SERVICES, GARBAGE DISPOSAL, AND SECURITY INCLUDING CROWD CONTROL AND TRAFFIC CONTROL. (Use Additional Sheet IfNecessary)) �� s�cj L ,.l 5-c Uv ATTACH A WRITTEN STATEMENT FROM THE CHIEF OF POLICE OR THE CHIEF' S DESIGNEE STATING THAT, IN THE CHIEF'S OPINION, APPROPRIATE ARRANGEMENTS HAVE BEEN MADE TO PROVIDE ADEQUATE SECURITY AND POLICE PROTECTION FOR THE EVENT FOR WHICH THE PERMIT I§ SOUGHT INCLUDE CROWD CONTROL, TRAFFIC CONTROL AND POLICE PROTECTION FOR ADJACENT P OPERTY OWNERS. PY e S L""� ('�s l.�\ k � Gh , 4. PROVIDE THE MEANS AND METHODS PROPOSED BY THE APPLICANT TO PREVENT NOISE FROM THE EVENT FROM UNREASONABLY DISTURBING THOSE PERSONS WHO LIVE OR WORK IN THE VICINITY OF THE EVENT. (Use Additional Sheet If Necessary) APPLICANT REQUESTS THE COUNCIL TO IMPOSE THE FOLLOWING SOUND LIMITATION (Check One) MAXIMUM ALLOWABLE SOUND PRESSURE LEVEL NO MORE THAN 85 DECIBELS MEASURED AT THE PROPERTY LINE OR VENUE BOUNDARY. WAIVE THE MAXIMUM ALLOWABLE SOUND PRESSURE LEVEL AND REQUIRE THE AMPLIFIED SOUND TO TERMINATE NO�LATE`R THAN 10:30 P.M. The Applicant hereby agrees that a copy of Rochester Code of Ordinances 117 has been provided with the application and that the Applicant has read and does understand the regulations found within the Ordinance, and do intend to comply with the regulations found within the Ordinance and any conditions of approval imposed ygy�n th ermit that might be granted in response to his application. n �� PERMIT FEE: $25.00 YOU WILL NEED TO CHECK WITH THE PARK DEPARTMENT AT 281-6160 TO OBTAIN THE REQUIRED PARK DEPARTMENT PERMITS IF YOU ARE HOLDING YOUR VENUE ON PARK DEPARTMENT PROPERTY. FOR ADMINISTRATION USE ONLY PARK DEPARTMENT: COMMENTS. (SIGNATURE) POLICE DEPARTMENT: COMMENTS. 07/11/06 10:30 FAX 507 287 2275 JUL-10-2006 10:10 CITY CLERK ROCH-OLM PLANNING DEPT. + CITY CLERK LQ D22 P.31/49 FIRE DEPARTMENT: COMMF_NTS. PLANNING DEPARTMENT.• COMMENTS: (SIGNATURE) CITYCLERKAPPROVAL: DATE: APPLICATION # 3-;l lO (D PERMIT # COUNCIL DATE. -T -17 - Q (P DATE RECEIVED 7 - 6 - ®( _ RECEIPT NUMBED AMOUNT PAID APPLICATION FOR SOUND AMPLIFICA TION PERMIT DATE OF APPLICATION: / — G-A APPLICATION TO BE SUBMITTED AT LEAST 30 DAYS IN ADVANCE OF EVENT TO: CITY CLERK'S OFFICE, 201 4Tx ST. SE, ROCHESTER, MN. 55904 APPLICANT INFORMATION NAME OF APPLICANT/RESPONSIBLE PARTY: HOME ADDRESS: �� { DATE OF BIRTH: K y'= 1577 Cr L's1, A,- S ,S?rdt. HOME TELEPHONE NUMBER: Sy - Z z' y3�C� rCELL PHONE NUMBER: SU7 ' zpZ NAME OF ORGANIZATION: Neu% J-L %'z a7 r SJitp} ADDRESS: / 3 5 s � / / �/ ✓� F'lJ fJ '`ot TELEPHONE NUMBER: SZ') - Z 5 2. h )k y CONTACT PERSON INFORMATION CONTACT PERSON DURING EVENT: 735- (LAST) HOME ADDRESS: /� ✓e A/ Y y;.� esl =- /`l �G�G 1 DATE OF BIRTH TELEPHONE NUMBER: �� z G ? - �' f CELL PHONE NUMBER: " 7 S U� - EVENT INFORMATION PURPOSE OF EVENT: 17-,i rr �r.�rv•�1 % �`0- Fw TO DATE(S) OF EVENT: JE zI I G Y` Z G'L[� DAY(S) OF WEEK:c n_ e-- 1 1 , It LOCATION OF SPECIAL EVENT: I- !,?- DESCRIPTION OF ENTERTAINMENT TO BE PROVIDED: Qoj8 ,.JI S MAXIMUM NUMBER OF PEOPLE WHO WILL BE PERMITTED /' VQ TO BE IN ATTENDANCE ON ANY PARTICULAR DAY l� V HOW WILL ATTENDANCE BE LIMITED TO THE NUMBER OF PEOPLE INDICATED I r (, I e ie s START TIME: y } L' c n END TIME: CU CU (J nnn ATTACH A SKETCH, SITE PLAN, STAGE PLOT OR OTHER DESCRIPTION OF THE LAND AND PREMISES TO BE USED FOR THE EVENT FOR WHICH THE PERMIT IS SOUGHT. BE SPECIFIC AS TO THE PLACEMENT OF SOUND SYSTEM SPEAKERS AND THE DIRCTION THE SOUND WILL TRAVEL. 2. PROVIDE A DESCRIPTION OF THE FACILITIES AND ARRANGEMENTS TO BE IMPLEMENTED FOR THE HANDLING OF FOOD, MEDICAL NEEDS, SANITATION, FIRE SERVICES, GARBAGE DISPOSAL, AND SECURITY INCLUDING CROWD CONTROL AND �TRAFFIC CONTROL, (Use Additional frS�heet IfNecess{ary)) 0!1( �— f!1jv'j'^' I_L L/.%1�% 6e1 ` VT i-)RlZ� �.-. '1` L I-�M4/fP• if �....� -�--�. t'€.� (��f, i � N ,i�•� /�F f,. � --� / Lam- l�Hd, s Ve, % r 0,J'j —e /-; 3. ATTACH A WRITTEN STATEMENT FROM THE CHIEF OF POLICE OR THE CHIEF'S DESIGNEE STATING THAT, IN THE CHIEF'S OPINION, APPROPRIATE ARRANGEMENTS HAVE BEEN MADE TO PROVIDE ADEQUATE SECURITY AND POLICE PROTECTION FOR THE EVENT FOR WHICH THE PERMIT IS SOUGHT INCLUDE CROWD CONTROL, TRAFFIC CONTROL AND POLICE PROTECTION FOR ADJACENT PROPERTY OWNERS. 4. PROVIDE THE MEANS AND METHODS PROPOSED BY THE APPLICANT TO PREVENT NOISE FROM THE EVENT FROM UNREASONABLY DISTURBING THOSE PERSONS WHO LIVE OR WORK IN THE VICINITY OF THE EVENT. (Use Additional Sheet If Necessary) 5. APPLICANT REQUESTS THE COUNCIL TO IMPOSE THE FOLLOWING SOUND LIMITATION (Check One) MAXIMUM ALLOWABLE SOUND PRESSURE LEVEL NO MORE THAN 85 DECIBELS MEASURED AT THE PROPERTY LINE OR VENUE BOUNDARY. _ WANE THE MAXIMUM ALLOWABLE SOUND PRESSURE LEVEL AND REQUIRE THE AMPLIFIED SOUND TO TERMINATE NO LATER THAN 10:30 P.M. The Applicant hereby agrees that a copy of Rochester Code of Ordinances 117 has been provided with the application and that the Applicant has read and does understand the regulations found within the Ordinance, and does intend to comply with the regulations found within the Ordinance and any conditions of approval imposed upon the permit that might be granted in response to his application.d. u p W gnature of Applicauf PERMIT FEE: $25.00 YOU WILL NEED TO CHECK WITH THE PARK DEPARTMENT AT 281-6160 TO OBTAIN THE REQUIRED PARK DEPARTMENT PERMITS IF YOU ARE HOLDING YOUR VENUE ON PARK DEPARTMENT PROPERTY. PARK DEPARTMENT.• COMMENTS. POLICE DEPARTMENT. COMMENTS: FOR ADMINISTRATION USE ONLY (SIGNATURE) (SIGNATURE) 07/11/06 10:30 FAX 507 287 2275 ROCH-OLM PLANNING DEPT. + CITY CLERK 19022 JUL-10-2006 10:10 CITY CLERK P.31i49 FIRE DEPARTMENT; COMMENTS: (SIGNATURE) PLANNING DEPARTMENT. COMMENTS: CITY CLEAKAPPROVAL: DATE �M r prklm� APPLICATION # 3 a (o LO io PERMIT # 70,37 COUNCIL DATE: -7 -1 71 -Oin DATE RECEIVED :Zj2! f d (D RECEIPT NUMB R _ AMOUNT PAID APPLICATION FOR SOUND AMPLIFICATIONPERMIT DATE OF APPLICATION: (,/ 0(-Loo(� APPLICATION TO BE SUBMITTED AT LEAST 30 DAYS IN ADVANCE OF EVENT TO: CITY CLERK'S OFFICE, 201 4T" ST. SE, ROCHESTER, MN. 55904 APPLICANT INFORMATION NAME OF APPLICANT/RESPONSIBLE PARTY: HOME ADDRESS: 142-1 1 y,ba NJtv%V4 Sw a DATE OF BIRTH: lg7>/g:21/ '!)S C) \ HOME TELEPHONE NUMBER: % O� )2 2 �� O CELL PHONE NUMBER: NAME OF ADDRESS, TELEPHONE NUMBER: tUlA CONTACT PERSON INFORMATION CONTACT PERSON DURING EVENT: h (FIRST) p (NWIDLE) HOMEADDRESS: I Z I 1 LI �J2KKt S� f f-o In4S�c kr4 DATE OF BIRTH• (S JO I) (1 � o p TELEPHONE NUMBER: gq ^ 34D CELL PHONE NUMBER: 4 0.5cr = %SO }� L�(o - J o Lf c7 EVENT INFORMATION PURPOSE OF EVENT: psywI-"I ca�\k.c&,— Unavi�r k 6+vt DATE(S) OF EVENT: Sl /e Z Do (o DAY(S) OF WEEK: Lot fcla r LOCATION OF SPECIAL EVENT: DESCRIPTION OF ENTERTAINMENTTO BE Music 6c C� Pr4'-p) 1PRO�VIIDED: I - P0V,' iC�G[ r�'�V [ !'a rl�a l )� W (` (OML ,� ay�1�o'� �l ✓hV.C� /p�: -�(� MAXIMUM NUMBER OF PEOPLE WHO WILL BE PERMITTED TO BE IN ATTENDANCE ON ANY PARTICULAR DAY HOW WILL ATTENDANCE BE LIMITED TO THE NUMBER OFpPEOPLE INDI'CA_TIED e kw- a- 'r'�-C.S Lm «G ctCtl, ._ START TIME: i n D a , vl o+k S" LA tU I END TIME: 17 lc>n ATTACH A SKETCH, SITE PLAN, STAGE PLOT OR OTHER DESCRIPTION OF THE LAND AND PREMISES TO BE USED FOR THE EVENT FOR WHICH THE PERMIT IS SOUGHT. BE SPECIFIC AS TO THE PLACEMENT OF SOUND SYSTEM SPEAKERS AND THE DIRCTION THE SOUND WILL TRAVEL. 2. PROVIDE A DESCRIPTION OF THE FACILITIES AND ARRANGEMENTS TO BE IMPLEMENTED FOR THE HANDLING OF FOOD, MEDICAL NEEDS, SANITATION, FIRE SERVICES, GARBAGE DISPOSAL, AND SECURITY INCLUDING ,1 CROWD CONTROL AND TRAFFIC CONTROL. (Use Additional Sheet If Necessary)) (�,,rb+5ck�oori. \J S�G� r�inGJS n 'I "1 blwC\t �`Ga\S �ratMr,Jra i�CrS w1�1 � J?�t1 J �`. ccr lla l Nee[lS - M i[ WObk van Y KD\ h �rau C/ � re scr,,;e<%- w .fir aQzl'6—kc ' c s k nctd . /, Ai1,-J Cb, r.,.4-( - F-S.cS rc a�._'b, dQ'rtrk. 0,,/4: ,OknAS nG\, 3. ATTACH A WRITTEN STATEMENT FROM THE CHIEF OF POLICE OR THE CHIEF'S DESIGNEE STATING THAT, IN THE CHIEF'S OPINION, APPROPRIATE ARRANGEMENTS HAVE BEEN MADE TO PROVIDE ADEQUATE SECURITY AND POLICE PROTECTION FOR THE EVENT FOR WHICH THE PERMIT IS SOUGHT INCLUDE CROWD CONTROL, TRAFFIC CONTROL AND POLICE PROTECTION FOR ADJACENT PROPERTY OWNERS. 4. PROVIDE THE MEANS AND METHODS PROPOSED BY THE APPLICANT TO PREVENT NOISE FROM THE EVENT FROM UNREASONABLY DISTURBING THOSE PERSONS WHO LIVE OR WORK IN THE VICINITY OF THE EVENT. (Use Additional Sheet If Necessary) .i%1\ i-r kur cA-r. � � �^arlyy So co, - '& ,nk w.1\-hg?n' c 6 n cvon 5. APPLICANT REQUESTS THE COUNCIL TO IMPOSE THE FOLLOWING SOUND LIMITATION (Check One) MAXIMUM ALLOWABLE SOUND PRESSURE LEVEL NO MORE THAN 85 DECIBELS MEASURED AT THE PROPERTY LINE OR VENUE BOUNDARY. WAIVE THE MAXIMUM ALLOWABLE SOUND PRESSURE LEVEL AND REQUIRE THE AMPLIFIED SOUND TO TERMINATE NO LATER THAN 10:30 P.M. The Applicant hereby agrees that a copy of Rochester Code of Ordinances 117 has been provided with the application and that the Applicant has read and does understand the regulations found within the Ordinance, and does intend to comply with the regulations found within the Ordinance and any conditions of approval imposed upon the permit that might be granted in response to his application. J Signature of Applicant PERMIT FEE: $25.00 YOU WILL NEED TO CHECK WITH THE PARK DEPARTMENT AT 281-6160 TO OBTAIN THE REQUIRED PARK DEPARTMENT PERMITS IF YOU ARE HOLDING YOUR VENUE ON PARK DEPARTMENT PROPERTY. j�1✓ce rl7 dog c PARK DEPARTMENT: COMMENTS: POLICE DEPARTMENT: COMMENTS: FOR ADMINISTRATION USE ONLY (SIGNATURE) TURF) 07/11/06 10:30 FAX 507 237 2275 JUL-10-2006 10:10 CITY CLERK ROCH-OLM PLANNING DEPT. -• CITY CLERK 19 022 P.31i49 FIRE DEPARTMENT. COMMENTS: PLANNING DEPARTMENT: COMMENTS: (SIGNATURE) TURF) CITY CLERKAPPROVAL: DATE: sw L'It"tLi M 74th 91 NE gm fill 7777-n Y7' A ll12 pz im, 5w 'k wot F#" 41L 2 A z SUA .773 41 10 St NE 1 , 63 i V, C-1 7W st IIjl g—J, L rtl St SW to 'Ctachestcr4th St BE �!Vpl St SF W L_j m m SE Lj 71h St 430 W St BE r IM i> ext T LJ m-,S; V2 St SF 4 Im St BE IQ 14 St BE t 10 V2 sl IMBIBE ly.­ At it It. WWI, v APPLICATION # 3 A 4oLp� PERMIT # COUNCIL DATE: -7 -17 - Va DATERECEIVED 7o(a 112(o RECEIPT NUMBER AMOUNT PAID�� APPLICATION FOR SOUND AMPLIFICATION PERMIT DATE OF APPLICATION:-,, t L� f 7 4 C'fC APPLICATION TO BE SUBMITTED AT LEAST 30 DAYS IN ADVANCE OF EVENT TO: CITY CLERK'S OFFICE, 201 4"' ST. SE, ROCHESTER, MN. 55904 APPLICANT INFORMATION NAME OF APPLICANT/RESPONSIBLE PARTY: (MIDDLE) HOME ADDRESS: �11-pgs�C Ur p SVl' ! L�:�.' Jj-- f-� DATE OF BIRTH: U Z- I• !' l b 1 HOME TELEPHONE NUMBER: 5 �1 Z 'E" f -, I CELL PHONE NUMBER: fit S NAME OF ORGANIZATION: fiT 1 _ ce%gTE3? ADDRESS: TELEPHONE NUMBER: 2i ` Zy' I. ' S 3 CONTACT PERSON INFORMATION CONTACT PERSON DURING EVENT:�t (FIRST) (MIDDLE) HOME ADDRESS: ) Z a=� C� ENV l'Yw Sw Lac dam. DATE OF BIRTH: (' L TELEPHONE NUMBER:CELL PHONE NUMBER: EVENT INFORMATION PURPOSE OF EVENT: 6 l'e4 Ai P Lti:i? S-A j tr Sc]'�JtQF- (LAST) jD-ficI-%.; �. DATE(S) OF EVENT: c T" .Aj 4 DAY(S) OF WEEK: S+ i T O Z Pii LOCATION OF SPECIAL EVENT: ft�-^CC 7>CA'E S DESCRIPTION OF ENTERTAINMENT TO BE PROVIDED: (gym TFm to#' =fir MAXIMUM NUMBER OF PEOPLE WHO WILL BE PERMITTED TO BE IN ATTENDANCE ON ANY PARTICULAR DAY 100 HOW WILL ATTENDANCE BE LIMITED TO THE NUMBER OF PEOPLE INDICATED START TIME: END TIME: 1. ATTACH A SKETCH, SITE PLAN, STAGE PLOT OR OTHER DESCRIPTION OF THE LAND AND PREMISES TO BE USED FOR THE EVENT FOR WHICH THE PERMIT IS SOUGHT. BE SPECIFIC AS TO THE PLACEMENT OF SOUND SYSTEM SPEAKERS AND THE DIRCTION THE SOUND WILL TRAVEL. El% jiEC� SI DEi kv- L CjAUE'taig iEiJQ-4� Cki� wti.L R tv `03 A S-I WZtrz wrT4 v' K�ZS ESc Fl l ?c , kTt�3 (5rF- It'Q�P, 2. PROVIDE A DESCRIPTION OF THE FACILITIES AND ARRANGEMENTS TO BE IMPLEMENTED FOR THE HANDLING OF FOOD, MEDICAL NEEDS, SANITATION, FIRE SERVICES, GARBAGE DISPOSAL, AND SECURITY INCLUDING CROWD CONTROL AND TRAFFIC CONTROL. (Use Additional Sheet If Necessary)) sit, Isgz.+ Exiele-d nxvmYd wte4%d 8ea-ce ph;1A +o \NvS (-p- 4k2. -r—mm Jy-, v-v 0 f-"&Y- ATTACH A WRITTEN STATEMENT FROM THE CHIEF OF POLICE OR THE CHIEF'S DESIGNEE STATING THAT, IN THE CHIEF'S OPINION, APPROPRIATE ARRANGEMENTS HAVE BEEN MADE TO PROVIDE ADEQUATE SECURITY AND POLICE PROTECTION FOR THE EVENT FOR WHICH THE PERMIT IS SOUGHT INCLUDE CROWD CONTROL, TRAFFIC CONTROL AND POLICE PROTECTION FOR ADJACENT PROPERTY OWNERS. 4. PROVIDE THE MEANS AND METHODS PROPOSED BY THE APPLICANT TO PREVENT NOISE FROM THE EVENT FROM UNREASONABLY DISTURBING THOSE PERSONS WHO LIVE OR WORK IN THE VICINITY OF THE EVENT. (Use Additional Sheet If Necessary) yi?rtT vt1 kuA ;4e T*ze T i riic- .1 i-u' L= ? AP) 5}iav L I" filllt �'k�.`ti� AL.,,t A iAAL\, P>ar 5. APPLICANT REQUESTS THE COUNCIL TO IMPOSE THE FOLLOWING SOUND LIMITATION (Check One) MAXIMUM ALLOWABLE SOUND PRESSURE LEVEL NO MORE THAN 85 DECIBELS MEASURED AT THE PROPERTY LINE OR VENUE BOUNDARY. ` WAIVE THE MAXIMUM ALLOWABLE SOUND PRESSURE LEVEL AND REQUIRE THE AMPLIFIED SOUND TO TERMINATE NO LATER THAN 10:30 P.M. The Applicant hereby agrees that a copy of Rochester Code of Ordinances 117 has been provided with the application and that the Applicant has read and does understand the regulations found within the Ordinance, and does intend to comply with the regulations found within the Ordinance and any conditions of approval imposed upon the permit that might be granted in response to his application. igna re of Applicant PERMIT FEE: $25.00 YOU WILL NEED TO CHECK WITH THE PARK DEPARTMENT AT 281-6160 TO OBTAIN THE REQUIRED PARK DEPARTMENT PERMITS IF YOU ARE HOLDING YOUR VENUE ON PARK DEPARTMENT PROPERTY. PARK DEPARTMENT: COMMENTS: POLICE DEPARTMENT: COMMENTS: FOR ADMINISTRATION USE ONLY t 'J� (SIGNATURE) 07/11/06 10:30 FAX 507 287 2275 JUL-10-2006 10:10 CITY CLERK ROCH-OLM PLANNING DEFT. i G11"Y CLERK WJUzz P.31i49 FIRE DEPARTMENT.• PLANNING DEPARTMENT. COMMENTS: (SIGNATURE) TUBE) CITY CLERKAPPROVAL: DATE. REQUEST FOR COUNCIL ACTION MEETING DATE: 7/17/06 AGENDA SECTION: REPORTS AND RECOMMENDATIONS ORIGINATING DEPT: ADMINISTRATION ITEM DESCRIPTION: MORATORIUM ON TRANSITIONAL HOMES FOR OFFENDERS F- ;2, PREPARED BY: S. KVENVOLD The City Council, acting as the Committee of the Whole on 7/10/06, instructed the staff to prepare an ordinance establishing a moratorium, for up to one year, on the establishment of any offender transitional housing proposed for a residential zoning district in the City of Rochester. COUNCIL ACTION REQUESTED: The City Council may want to suspend the rules and give the ordinance a 2nd reading at the 7/17/06 meeting. COUNCIL ACTION: Moron by: Second by: to: /Y N ORDINANCE NO. AN ORDINANCE CREATING AND ENACTING SECTION 66.107 TO THE ROCHESTER CODE OF ORDINANCES, RELATING TO THE ADOPTION OF AN INTERIM ORDINANCE REGULATING THE ISSUANCE OF ANY LAND USE CERTIFICATE, APPROVAL OR PERMIT FOR ANY OFFENDER TRANSITIONAL HOUSING PROPOSED FOR A RESIDENTIAL ZONING DISTRICT WITHIN THE CITY OF ROCHESTER. THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN: Section 1. Section 66.107 of the Rochester Code of Ordinances is hereby created and enacted to read as follows: 66.107 INTERIM ORDINANCE: a. The purpose of this ordinance is to protect the health, safety, and welfare of the citizens. b. Offender transitional housing is designed to allow those who have been convicted of serious criminal offenses and who have served their criminal sentences or who are on parole (?) an opportunity to acquire temporary housing within the community. Usually, but not always, the serious criminal offenders are returning to the community in which they lived at the time they committed their crimes. Offender transitional housing is usually characterized by reoccurring stays by offenders in cycles of 30 to 90 days. As some offenders leave the offender transitional housing for permanent housing in the community, new offenders arrive and take their place. C. The Common Council is concerned about the placement of offender transitional housing within residential zoning districts in the City of Rochester. The placement of temporary housing with a continuing cycle of convicted offenders staying for a short time period, leaving the area only to be followed by a new set of convicted offenders poses a threat to the health, safety and welfare of the permanent residents of that neighborhood. The lack of permanent and stable residents within a residential neighborhood jeopardizes the stability and safety of the neighborhood. The Council believes there is a need to examine this matter in greater detail to determine whether residential zoning districts are the most suitable and appropriate zoning districts for the placement of offender transitional housing. d. The Council has authorized a study by the City Administrators Office, the City Attorney's Office, and the Planning Department for the purpose of considering the amendment or adoption of official controls relating to the most appropriate and suitable zoning districts for the placement of offender transitional housing. e. The Council is concerned that the placement of any offender transitional housing within a residential zoning district during the pendency of the above -mentioned study may compromise the results of that study and may harm the public's health, welfare and safety. f. Minnesota Statutes, Section 462.355, Subd. 4, authorizes the City to adopt interim zoning ordinances applicable to all or a part of the City for the purpose of protecting the health, safety, and welfare of its citizens, which ordinance may regulate, restrict or prohibit any use or development within the City for a maximum period not to exceed one year, with a possible extension up to an additional period of 18 months. g. It is hereby found and determined that it is in the best interest of the sound, aesthetic and efficient development of the City as a whole, as well as in the public's health, safety and welfare interests, that the authority granted by the above -mentioned Minnesota Statute be used by the City with reference to this portion of the City. h. The City hereby prohibits the issuance or approval of any zoning certificate; rental registration or certificate; preliminary plat or final plat; or other land use official control for offender transitional housing as that term is defined in this ordinance. The City hereby further prohibits the issuance or approval of any zoning certificate; preliminary plat or final plat; or other land use official control for any dwelling to be occupied by a "family' as that term is defined in ��•� Section 60.200 when the "family" consists of not more than five persons some or all of whom are not related by blood, marriage or adoption and when the dwellingj;is located in a residential zoning,�w~� district. The City reserves the right to extand the interim ordinance f for such additional periods as may be appropriate, not to exceed a total additional period of 18 months. For purposes of this Section, the term "offender transitional housing" shall mean housing located within a residential zoning district designed or intended exclusively to provide short-term housing to offenders serving their criminal sentences on parole, probation, supervised or conditional release or some other form of non- FA custodial supervision. "Offender transitional housing" does not include housing declared by state law to be a permitted single-family residential use. The term `residential zoning district" shall mean the R-1, R-1X, R-2, R-3, R-4, RSa or CDC -Residential zoning district. The term "short-term" shall mean a period of time not exceeding one year. Section 2. Sections 60.130 through 60.136 of the Rochester Code of Ordinances, entitled "ENFORCEMENT POLICY", are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. This ordinance shall be effective from and after its publication. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS ATTEST: CITY CLERK APPROVED THIS (Seal of the City of Rochester, Minnesota) Ordo5165TmnsHous 1.107 DAY OF ,2006. PRESIDENT OF SAID COMMON COUNCIL DAY OF MAYOR OF SAID CITY 2006. REQUEST FOR COUNCIL ACTION o�/ MEETING DATE: 7/17/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. REPORTS AND RECOMMENDATIONS ADMINISTRATION ITEM DESCRIPTION: REQUEST TO RECONSIDER SUBSTANTIAL LAND PREPARED BY: ALTERATION FOR WILLOW HEIGHTS 5TH SUBDIVISION S. KVENVOLD During the 7/5/06 City Council meeting, the Council reconsidered the above matter and placed the following time limits on excavation associated with the substantial land alteration activities: From 8:00 a.m. to 5:00 p.m., Monday thru Friday From 9:00 a.m. to 12:00 noon Saturday No excavation work on Sunday Councilmember Means voted against the above approved time limits. The applicant in this matter, Franklin P. Kottschade, has requested a reconsideration of the above referenced approval (see attached). Mr. Kottschade's attorney, John Arnold, indicates that in the 63 substantial land alterations approved since 1/1/2000, the Council did not impose any time restrictions other than those time restrictions contained in the City's current noise ordinance. COUNCIL ACTION REQUESTED: Any Councilmember voting for the approval of the substantial land alteration with the above time limitations may make a motion to reconsider; any Councilmember may second such a motion. �T-11` COUNCIL ACTION: Motion by: sewnd by: to: DUNLAP & SEEGER A PROFESSIONAL ASSOOIATION ATTORNEYS AT LAW John B. Arnold Attorney at Law jamold@dunlaplaw.com July 13, 2006 Mayor Ardell Brede City Council Members City Hail 201 Fourth Street Southeast, Rochester, Minnesota 55904 Please respond to. P.O. Box 549 Rochester, MN 55903 Re: Substantial Land Alteration Permit — Willow Heights Fifth Addition, Preliminary Plat No. 06-02 by North American Realty Dear Mayor and Council Members: We represent North American Realty, Inc., the applicant in the above referenced preliminary plat known as Willow Heights Fifth Addition. On June 19, 2006, the Rochester City Council, after hearing, approved a substantial land alteration permit associated with Preliminary Plat No. 06-02. The Council adopted Resolution No. 349-06, approving a substantial land alteration permit for Plat No. 06-02. The Resolution was approved subject to the standard compliance with the City Noise Ordinance, Ordinance 85.10, as applicable to construction activity. Subsequent to the adoption of Resolution No. 349-06, the City Council, pursuant to Motion to reconsider, approved time restrictions on excavation activities to take place on the property to be developed, restricting excavation activity to less than as provided by the existing noise ordinance. The restriction placed a time limit of 8 AM to 5 PM, Monday through Friday, and 9 AM to 12 PM for Saturday. The Motion to reconsider was approved without public hearing or further evidence concerning this matter. North American Realty is requesting reconsideration of the amendment to allow excavation activities pursuant to the existing Noise Ordinance, Ordinance No. 85.10. North American Realty is making the request on the basis that the actions of the Council amending the original land alteration Resolution No. 349-06 was arbitrary and capricious and further that it constitutes an administrative taking of the project. North American Realty bases its request and position on the following. 206 South Broadway, Suite 505 Rochester, Minnesota 55904 Phone 507.286.9111 Fax 507188.9342 www.dunlaplawxom 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 Terry Adkins, City Attorney From: Phil Wheeler, AICP, Planning Director Date: July 17, 2006 Re: Limitations on Willow Heights 5ch Subdivision Substantial Land Alteration Although we have not yet completed our review of all of the most recently approved SLA's, it appears from reviewing the information put together so far that the limitation imposed by the Council on hours and days of operation of the grading activity associated with its approval of conditions applying to the Substantial Land Alteration for Willow Heights 51h is reasonably related to the circumstances of the site. We have drawn this conclusion in considering the following information: At 463,200 cubic yards reflected in its grading plan, grading for Willow Heights involves the third highest total volume of material of the most recently approved SLA's (including West 80, which is an approved quarry) that we have been able to review. All of the grading plans with a higher volume are associated with non- residential SLA's. 2. The volume reflected in the grading plan for Willow Heights 51h is the fourth highest of these SLA's in terms of volume per acre in the GDP. All of the GDP's with a higher volume per acre reflected in their grading plans are non-residential GDP's. 3. The higher volume grading activities among the GOP's included in the information presented to the Council (a random selection of 73 approved GDP's) generally were much more removed from residential properties, both because of their location in commercial and industrial areas and because Willow Heights is an infill development. As an infill development in an existing residential area, its impacts on abutting noise -sensitive land uses justify a higher level of control. All of the grading activity at Willow Heights 51h will take place within roughly 400 to 500 feet of residential properties, because the property is abutted on three sides by existing residential development. 57 residences immediately abut Willow Heights 5'h. Crimson Ridge (at 36 abutting) was the most comparable of the recently approved GDP's. Most of the GDP's, especially those with very large grading volumes, occur in fringe or non-residential locations and had fewer than five abutting properties. Because this information is incomplete (especially the information on abutting properties), the Council may wish to continue discussion of the matter to the next meeting. From the information we have gathered so far, however, the circumstances applying to Willow Heights 5`h are significantly different from those applying to other substantial land alterations. DUNLAP & SEEGER �� 1 A PROFESSIONAL ASSOCIATION Page 2 July 13, 2006 Subsequent to the amendment, North American Realty made a request on the City of Rochester, pursuant to the Government Data Practices Act, for copies of all substantial land alteration permits issued since the year 2000. Receipt of those permits, in the form of a Council Resolutions, showed that 63 substantial land alteration permits were issued since January 1, 2000. Not one of those permits made any amendment to the Rochester City ordinance relative to hours of operation for noise. Those permits covered a wide range of projects, time of completion and locations. Some projects only lasted periods of weeks and other projects would be phased over a period of years. It is interesting to note that one of the substantial alteration permits issued was for Conditional Use Permit 04- 01. This project is immediately across the street and to the south of the Willow Heights Fifth Subdivision project. That resolution, Resolution 290-04, made no amendment of the Rochester Noise Ordinance. It is further interesting to note that substantial land alteration permit 290-04 was expanded pursuant to Council action on June 19, 2006, pursuant to Resolution No. 346-06 without alteration to the City Noise Ordinance. Pursuant to the City Ordinance, the time limitations of the City Ordinance may be expanded to provide for operation beyond the time limitations contained in the ordinance. One such permit has been issued by the City Engineer with direct Council authorization on a project immediately adjacent to the properties involved in this matter. On December 9, 2002, the City Council authorized the City Engineer to issue a noise permit to the Minnesota Department of Transportation for the thru Highway 63 Phase I and Phase H contractors. The permit allowed construction and excavation work 24 hours a day, 7 days a week, without being in violation of the noise ordinance. In fact, part of the land alteration ongoing on the Willow Heights Fifth activities would be for the use of the contractors involved in the Highway 63 project and the construction of the 40`h Street interchange and overpass. Based on the above, the City Council has never restricted its noise ordinance on other substantial land alteration permits and in fact has allowed unlimited violation of the ordinance by permit on a project adjacent to this project. Based on the above, one can only come to the conclusion the Council's actions in amending the substantial land alteration permit was arbitrary and capricious and not based on the facts or prior Council policy. In addition, because the Willow Heights Fifth excavation is tied to the Highway 63 40`' Street overpass project, by providing material to it, the contractor involved with the Willow Heights Fifth Project and the Highway 63 project, has indicated that he would not go forward with excavation on Willow Heights Fifth Subdivision because of the limitations placed on the hours. It is economically unfeasible to proceed under such restrictions to complete projects on time. As a consequence, if the restrictions are not removed, Willow Heights Fifth Subdivision project as proposed by North American Realty will not proceed. North American Realty considers this to be an administrative take. r U 4 NLAPq& SEEGEIR Page 3 July 13, 2006 Based on the above, North American Realty, Inc. is making its above request for reconsideration of the amended substantial land alteration conditions relative to the Noise Ordinance and asking that it be treated the same as all previous substantial land alteration permits. 2Very truly , John B. Arnold JBA/ck July 17, 2006 ,-,3 Rochester Area Builders Inc. 109 Elion Ifills Lane M4' Rochester, XIN 55901 507-2R2-769N phone 507-28206351 Fax FLAt3�roc'hestei;veabtulders.com nshesterareabuildervcom //ilialed with the Buddm Amwialinn of illinnemla and V'atimral Aao-u tabor? aj11"mehaild"', RE: Limited Hours of Operation To: Rochester City Council, City Staff From: Rochester Area Builders, hic. The Rochester Area Builders, Inc. (RAB) Board of Directors has requested that the association should address membership concerns regarding the July 5, 2006 City Council action that limited the hours of operation for a major grading project within the city limits. The council decision to limit the hours of operation from 8:00 A.M. to 5:00 P.M. on weekdays and 8:00 A.M. to 12:00 P.M. on weekends and holidays will severely restrict progress on this development. For example, the weekday restriction from 8:00 A.M. to 5:00 P.M. decreases the work day from 15 hours to nine hours and leaves contractors with 40% fewer work hours in just one day. Rochester Area Builders, Inc. is concerned that this decision to limit the hours of operation for a development project will set a precedent for future decisions that would affect infill and redevelopment projects in ANY area where there are existing residents. These possible and restrictive decisions would highly affect our builder members and the development community. It is the consensus of the RAB Board of Directors that any restrictive decision could indicate a shift in opinion that would limit future construction projects and progress. The building industry in Rochester and the surrounding area is already faced with a brief construction season that forces builders to complete and expedite projects in the best manner possible. If contractors are required to complete projects in an even more condensed work day, several projects would be severely postponed and delayed. These setbacks would not only slow project completion but would substantially increase project costs, limit workersability to make up lost time due to unforeseen weather conditions, and cause logistical problems in regard to staffing and work schedules. Rochester Area Builders, Inc. respectfully recommends that the Rochester City Council review the concerns of the association in regard to hours of operation and does not allow this action to set a precedent that is detrimental and costly to the entire building industry as well as city development. If you have any questions, please feel free to contact John McGuine, R.A.B. President, at (507) 288-6575 or Sandy Friend, R.A.B. Executive Officer, at (507) 282-7698. Sincerely, John McGuire President Rochester Area Builders, Inc. REQUEST FOR COUNCIL ACTION MEETING DATE: 7/17/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. r Reports and Recommendations Public Works ITEM DESCRIPTION: Contribution Agreement — Storm Sewer Improvements under 40' PREPARED BY: Street SW M. Nigbur Staff would offer the following Contribution Agreement for consideration by the Council: MnDot is currently reconstructing 40th Street SW. As part of their construction they have been asked by Franklin Kottschade to install additional infrastructure to accommodate the Willow Heights 51h Subdivision. Under typical procedure MnDot only will include project modifications from the local government rather than working with the abutting landowners. As such the City is willing to coordinate this activity between MnDot and the abutting landowner. MnDot is willing to perform the utility installation work provided the City executes a Supplemental Agreement. In turn the City requires the Owner to execute a Contribution Agreement for 100% of the cost for installation of the improvements. As of today the Supplement Agreement has not be executed nor has the contribution agreement been executed. However, due to the timing of the 401h Street construction Staff recommends the Council authorize the Mayor and City Clerk to execute the Contribution Agreement, with Franklin Kottschade for the utility improvements on 40th Street needed for the Willow Heights 5th Development, only after the Agreement is executed Franklin Kottschade. COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute a Contribution Agreement with Franklin Kottschade for the utility improvements on 40th Street needed for the Willow Heights 5`n Development COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 7/17/06 AGENDA SECTION: ORIGINATING DEPT: REPORTS and RECOMMENDATIONS I Public Works ITEM DESCRIPTION: Road Right -of -Way Liability for Work within St. ITEM NO. PREPARED BY: R. Freese The Minnesota Department of Transportation seek releases from the City for future claims and liability related to the construction of the TH 63 Stage 1 (48`" Street Interchange) Project for the following item: MnDOT acquired as part of a Joint Powers Right -of -Way Agreement with the City and County, the TH 63 Stage 1 Project right-of-way for St. Bridget Road between 40u Street SE and 481t` Street SE. A portion of the right-of-way was acquired from the Maine Street Development owner (MSI). MnDOT and the City staff have determined that a portion of the right-of-way acquired from MSI for a permanent slope easement will not be needed for St. Bridget Road now that it has been constructed. MnDOT has agreed to convey that right-of-way back to the City in the future. However, MSI desires to construct retaining walls, parking lots and other improvements on adjoining land. MnDOT and City staff have agreed on the amount of the right-of-way purchased by MnDOT that will be returned to the City. Since MnDOT is not ready to permanently covey the right-of-way back to the City at this time, MSI must seek a Right -of -Way Permit from MnDOT for encroachment of the future private development related improvements into slope easement area of the expanded St. Bridget Road right-of-way currently owned and managed by MnDOT. MSI has applied for a Right -of -Way Permit. MnDOT requires that the City co-sign the Right -of -Way Permit Application signifying the City's agreement with the nature of the work to be performed within the slope easement area. The executed Development Agreement between the City and MSI details the procedure for the transfer of this land from MnDOT to the City and then from the City to MSI. The City staff has indicated to MnDOT the City's support for the development project and the need for the Right -of -Way Permit. MnDOT seeks from the City a release stating that all work within the St. Bridget Road from Garden Place SE to 48d' Street SE, the entire frontage for the MSI property, was constructed pursuant to project plans and specifications and that the City will accept this portion of St. Bridget Road as complete, subject to Project Warranty provisions, when officially turned back to the City by the MnDOT Commissioner's Order. Public Works staff recommend in favor of this release, the actual document language subject to the approval of the City Attorney. Staff recommends that MSI shall indemnify and hold harmless the city against all claims and liability arising out of the City's involvement in the Right -of -Way Permit Application and the terms and conditions of the MnDOT Right -of -Way Permit. COUNCIL ACTION REQUESTED: 1. Authorize the City Attorney to review and approve document language for the City's release of claims and liability for the above mention item and further authorize the Mayor and City Clerk to sign said documents. 2. Authorize the Director of Public Works to co-sign the Right -of -Way Permit Application. � OUNCIL ACTION: Motion by second REQUEST FOR COUNCIL ACTION MEETING 0 / DATE: 7/17/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. SOLUTIONS AND ORDINANCES CITY ATTORNEYS OFFICE G ITEM DESCRIPTION: PREPARED BY: RESOLUTIONS AND ORDINANCES TERRY L. ADKINS G. 1. RESOLUTIONS G. 2. FIRST READING OF ORDINANCES, as appropriate. G. 3. SECOND READING OF ORDINANCES (for adoption). a) An Ordinance Rezoning 6.57 Acres Of Land From The B-4 Zoning District To The M-1 Zoning District, ,i, And 1.99 Acres Of Land From The R-1 Zoning District To The M-1 Zoning District, And Amending Ordinance No. 2785, Known As The Zoning Ordinance And Land Development Manual Of The City Of ` t[, Rochester, Minnesota. Said property is located on the East side of Highway 63, North of 48t' Street SE and along the west side of Maine Avenue SE. G.4. MISCELLANEOUS l �y COUNCIL ACTION: Motion by: Second by: to: