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HomeMy WebLinkAbout08/07/2006_RegularCITY OF ROCHESTERCOUNCIL AGENDA (( II COUNCIL/BOARD CHAMBERS Vlo — l7 GOVERNMENT CENTER 151 4T" STREET SE MEETING NO. 19 AUGUST 7, 2006 REGULAR 7:00 P.M. DLEUSE of AILE01AwCE PAGE_ 1-2 A) OPEN COMMENT PERIOD B) CALL TO ORDER C) LETTERS AND PETITIONS 3-4 D) CONSENT AGENDA/ORGANIZATIONAL BUSINESS 1) Approval of Minutes 5-8 2) Authorization to Convert 1/2 Time Librarian I Position to Full Time 9-16 3) Bid Award to the Schwab Company for an Airport Maintenance/ARFF and SIRE Building Addition 17-18 4) Bid Advertisement for a roadway and utility extension to Airport View Drive 19-22 5) Change Order #1 with Century Fence Company for the Perimeter Fencing Project 23-26 6) Professional Services Agreement with the Boyd Group, Inc., for air service development 27-28 7) Licenses, Bonds and Miscellaneous City Activities 29-30 8) Transfer of On -Sale Intoxicating and Sunday Liquor Licenses — Hangar Bar & Grill 31-42 9) Appointment of Election Judges for State Primary Election on September 12, 2006 43-46 10) Correction to Annexation of Hawthorne Hills Golf Learning Center in Haverhill and Cascade Townships 47-48 11) Records Retention Schedule — 2005 Revision 49-50 12) On -Sale Intoxicating Liquor License — Indigo Fusion, Inc., dba Sonte's 51-52 13) Approval of Accounts Payable 53-54 14) LMCIT Liability Waiver Form 55-56 15) Memorandum of Understanding — City of Rochester and LELS 57-62 16) Consideration of Public Utility Board Action 63-66 17) Supplemental Agreement #1 Project #M6-04, (J4610) Sidewalk Repair and Replacement in Various Locations Council Agenda Monday, August 7, 2006 Page 2 of 3 67-70 18) 71-74 75-76 77-78 79-80 81-82 83-84 85-86 19) 20) 21) 22) 23) 24) 25) Consideration of Bids: Hadley Valley Trunk Sanitary Sewer to Serve Sewer Service Area 29A Phase 2, J7744 Award of Contract: (J7237) Alley Reconstruction in the 500 block between 91�' Ave SW and 10th Ave SW TMDL Storm Water Grant Resolution Agreement— (J7746) Construction — Storm Sewer Reconstruction Revocable Permit: Landscaping Revocable Permit: Awning on Building at 519 15t Avenue SW Revocable Permit— Part of Lot 1, Block 1, Menards South Subdivision Owner Contract — Watermain & Hydrant(s) to Serve the Think Federal Credit Union (Lot 1, 87-88 26) Owner Contract — J5145 Block 1, Think Plaza) — J5212 Public Improvements to Serve Northern Reserve — 89-90 27) Owner Contract — Public Improvements to Serve Morris Hills Subdivision — J5172 91-92 28) Award of Contract: (J4608) Construct new sidewalk on east side of 18th Ave SW 93-94 29) Award of Contract: (J6539) Extend Storm Sewer 4409 Rossi Ct NW to Kings Run 95-96 30) Real Estate — Purchase of Fire Station Site — 28h' Street SE E) HEARINGS 97-130 1) Continued Hearing on Amendment to General Development Plat #248 to be known as Southern Meadows by Tom Meilander and Perry and Jodi Kronebusch located along the south side of Pinewood Road, west of 341h Avenue S.E. legally described as Lots 54 and 58 Auditors Plat "E". 131-146 2) Continued Hearing on Land Subdivision Permit (Preliminary Plat) #04-03 known as Southern Meadows by Tom Meilander and Perry and Jodi Kronebusch 147-152 3) Annexation Petition #06-04 by Greg Wencl to annex lands located along the west side of West circle Drive (CSAH #22) and along the south side of Country Club Road (County Road 34) in Rochester Township. 153-158 4) Vacation Petition #06-07 by Timberland Partners II, LLC to vacate the blanket easement over all of Lots 1 and 2, Candlewood Subdivision an dedicate wide public utility easements over a part of Lot 2, Block 1, and Lot 1 and 2, Block 1, Candlewood Subdivision located on the east side of 181h Avenue NW and north of 41" Street NW. 159-162 5) Vacation Petition #06-09 by Dorothy Meisky to vacate an easement in Lot 12, Block 2, Carroll's Second Addition located at 647 14`h Avenue N.E 163-168 6) Consider the Making of Local Improvement Project No. 6219-4-00 (J-9707) "Widening 19`h Street N.W. from CSAH 22 (West Circle Drive) to 2,500 feel West". Council Agenda Monday, August 7, 2006 Page 3 of 3 F) REPORTS AND RECOMMENDATIONS 169-170 1) Award of Contract: (J9707) 19t' Street NW from Ashland Drive NW to CSAH 22 (West Circle Drive) 171-178 2) Graham Arena IV Funding Proposal 179-180 3) Sound Amplification Requests G) RESOLUTIONS AND ORDINANCES 181-182 H) TABLED ITEMS 1) OTHER BUSINESS J) ADJOURNMENT REQUEST FOR COUNCIL ACTION MEETING DATE: 8/7/06 OPEN COMMENT PERIOD ITEM DESCRIPTION: OPEN COMMENT PERIOD ORIGINATING DEPT: ITI CITY ADMINISTRATOR A 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. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 8/7/06 ;ENDA SECTION: ORIGINATING DEPT: rrEM No. CONSENT AGENDA CITY ADMINISTRATOR D-1-30 ITEM DESCRIPTION: APPROVAL OF CONSENT AGENDA ITEMS PREPARED BY: G. NEUMANN This RCA lists all the items which have been included in the consent agenda for this meeting. The Council can approve all of the items with a single motion to approve. The Council President will allow the Councilmembers an opportunity to state whether there are any of these items which you wish to have removed from the consent agenda approval and to have them discussed and acted upon separately by the Council. The consent agenda for this meeting consists of the following RCAs: 1) Approval of Minutes 2) Authorization to Convert 1/2 Time Librarian I Position to Full Time 3) Bid Award to the Schwab Company for an Airport Maintenance/ARFF and SIRE Building Addition 4) Bid Advertisement for a roadway and utility extension to Airport View Drive 5) Change Order #1 with Century Fence Company for the Perimeter Fencing Project 6) Professional Services Agreement with the Boyd Group, Inc., for air service development 7) Licenses, Bonds and Miscellaneous City Activities 8) Transfer of On -Sale Intoxicating and Sunday Liquor Licenses — Hangar Bar & Grill 9) Appointment of Election Judges for State Primary Election on September 12, 2006 10) Correction to Annexation of Hawthorne Hills Golf Learning Center in Haverhill and Cascade Townships 11) Records Retention Schedule — 2005 Revision 12) On -Sale Intoxicating Liquor License — Indigo Fusion, Inc., dba Sonte's 13) Approval of Accounts Payable 14) LMCIT Liability Waiver Form 15) Memorandum of Understanding — City of Rochester and LELS 16) Consideration of Public Utility Board Action 17) Supplemental Agreement #1 Project #M6-04, (J4610) Sidewalk Repair and Replacement in Various Locations 18) Consideration of Bids: Hadley Valley Trunk Sanitary Sewer to Serve Sewer Service Area 29A Phase 2, J7744 19) Award of Contract: (J7237) Alley Reconstruction in the 500 block between 9w Ave SW and 10"' Ave SW 20) TMDL Storm Water Grant Resolution COUNCIL ACTION: Motion by: Second by: to: a Page 2 August 7, 2006 21) Agreement — (J7746) Construction — Storm Sewer Reconstruction 22) Revocable Permit: Landscaping 23) Revocable Permit: Awning on Building at 519 15c Avenue SW 24) Revocable Permit — Part of Lot 1, Block 1, Menards South Subdivision 25) Owner Contract — Watermain & Hydrant(s) to Serve the Think Federal Credit Union (Lot 1, Block 1, Think Plaza) — J5212 26) Owner Contract — Public Improvements to Serve Northern Reserve — J5145 27) Owner Contract — Public Improvements to Serve Morris Hills Subdivision — J5172 28) Award of Contract: (J4608) Construct new sidewalk on east side of 18'" Ave SW 29) Award of Contract: (J6539) Extend Storm Sewer 4409 Rossi Ct NW to Kings Run 30) Real Estate — Purchase of Fire Station Site — 28t' Street SE COUNCIL ACTION REQUESTED: Motion to approve consent agenda items REQUEST FOR COUNCIL ACTION CONSENT AGENDA EM DESCRIPTION: POSITION TO FULL TIME ADMINISTRATION TO CONVERT 1/2 TIME LIBRARIAN I MEETING DATE: 8/7/06 ITEM NO. 0 PREPARED BY: S.KVENVOLD The Personnel Advisory Committee has received a request from the Public Library to convert the current ''/2 time, fully benefited, Librarian I position to a full time position. The''/: time position is becoming vacant and the Library Director has determined that it is more beneficial, in terms of productivity and return for money expended, to convert the '/z time position to full time rather than to refill the '/z time position. (see attached). The attached circulation statistics indicate that the Library's full time equivalent positions have remained about the same since 1998 while the Library's total circulation figures have increased substantially during this period of time. COUNCIL ACTION REQUESTED: Request a motion authorizing the conversion of the '/2 time Librarian I fully benefited position to a full time Librarian I position. jOUNCIL ACTION: Motion by: second by: to: 101 SECOND STREET SE ROCHESTER, MN 55904 Memo To: Stevan Kvenvold From: Audrey Betcher _�Ss Date: July 5, 2006 Re: Librarian I position 5071285-8000 FAX 507/287-1910 As you know the open position from 2003 was www.rochosterpubliciibrary.org authorized to be filled in 2006. The hiring process has found the best qualified candidate is an in-house candidate. Herein lies my dilemma: The filling of the full-time librarian position leaves me with an open .5 fully benefited position. With the escalating costs of benefits, I don't find the .5 fully benefited position as cost effective as a position with more hours. Benefits for a full-time librarian come to approximately 31 % of total employee costs. For a .5 librarian, the benefits come to 44% of total employee costs. This is outlined on the attached spreadsheet. The AFSCME union contract does not give me the option to prorate benefits. (Linda and I met with representatives from the union to investigate the possibility of prorating benefits.) I don't want to give up the position for the work is needed and important in meeting the needs of the community. The Library Board's personnel committee has reviewed the situation and endorsed adding hours to this position. I know that the council prefers to review requests for increased staffing during the annual budget cycle, however, since this position has been occupied in its current form by the same incumbent since 1990, this has been the first chance to make this change. Whether this is a part-time or full-time position would have an impact on the hiring process. I fully expect we would have a stronger and larger candidate pool if the position is full-time. I would very much appreciate the opportunity to discuss options for adding hours to this position to make it more cost effective. ti WIL Ld Rd ci �y,. r` 6. C UJ p N M b'} fA'., 'o ti Q a co 0 ea W d N r` o 0 cc rl- W Q 0 v o r` a w m o 0 N 'n F 'o� m � N Q ss us Fn L C O E J Q a Cl) 0 0 0 a N T p/y a N a Z > CJ V I MQM LL N � Q d CTC L R I N m � J l6 a V ro ' LLJ J U F C C Z L LU n W d C LL CL w ll \1 U F F a F LL LL F cn cl Z a Z O4 J U U a m J U JM W D LL ce w F U) W C.) Q w 0 O Cl N 0 O N C C C C C C C C e O O 0 d M -i N �Y M CO O M r M d Cl) CD r r M ice- 0 In u7 O CD to t ) SD N 0 O py o 0 0 r N CN w M 0 m O N M CO w co O P- ti V r (D m I!Y W) m CA r O O r N • C.j N h m 47 C+ N CO m ILY T N N r M N O aW N CD O m m V N N M CD I• N M CC- aY N N V T O co C> NLQ O N N r O 1� N CO LOCO r fG O CO V r nj O T N CDM N N r 13 ~ 0°Y � m c T 'r CO Ln 00 T r N 7 r r r OS O N M I V N N C M T N ID CrD T 1 C~') N COO 1 O1 O N M 1 o m a 0i lc In r M O N M r 'a is U c 0 - c O 0 2 D c Y 7 V O C @ V ■_ m o U v j m0 V V z a° o o 0 0~ J F U is N ii N 0 - C > > > o c c c O O N 0 C N C C n C C C S C C M co m 00 � 0 N O N N co eT It 0 0 CD Iff N o a N ti 10 N O Ci N O (D N T O N O O tp O O O � N I ci Q; 1 iT 1 O N N 0 or to r. 0 m Y r Y o (D 0 L m (8 0 14 Dr q W O cLL 0 CL R O � a i o U O � w LU N H L P LL C /)¢ F7 � C7 a_ O REQUEST FOR COUNCIL ACTION MEETING DATE: 08/07/06 AGENDA SECTION: Consent ORIGINATING DEPT: Rochester International Airport ITW NO. ITEM DESCRIPTION: Bid Award to The Schwab Company for an Airport Maintenance/ARFF PREPARED BY: and SRE Building Addition. Steven W. Legve The Rochester Airport Commission recommends and requests Council authorization to: l . Bid award to The Schwab Company for an Airport Maintenance/ARFF and SRE Building Addition at the Rochester International Airport. This project will add a new airport operations area complete with offices, employee locker rooms, an employee break area and additional snow removal equipment storage. In addition to the base bid, Alternate #5 — Exterior Salt/Sand Storage Building, and Alternate #7 — Landscaping, will be added to the project. Bid award will be pending the receipt of Federal Funding. This project is in the CIP. (FAA AIP 23) (Mn/Dot 5501-149) (City Project #6988). Bid amount: $2,524,500.00 (complete bid tabs and engineer's estimate attached) Funding: 95% Federal 5% Local 2. Acceptance of the Federal Grant(s) that will provide 95% funding for this project. COUNCIL ACTION REQUESTED: Resolution authorizing the Mayor and the City Clerk to execute the bid award to The Schwab Company and accept the Federal Grant(s). COUNCIL ACTION: Motion by: second by: to I Maintenance and SRE Facility BuildingAddition Rochester International Airport Rochester, Minnesota Base Bid 1 $2,473,000.001 Alternate #5 1 $35,000.00 Exterior Sand/Salt Stora a unit Alternate #7 $16,500.00 Sub Total $Z,5Z4,5Uu.UU tE d $200A/E & CM $5,000.00 {Total Fundin = AIP 2006 and 2007 2006 $1,454,327.00 2007 $1,196,438.00 5% Sponsor $135,687.00 Total 1 1 $2,786,452.001 1 l 0, I� , ■'2 2 !LTY z � � , § ■ ! ; § � k :\!, ■ ■ ■ ■ ; ;f|! M! ■ | # ° a ° �1 1 ;!! ■ & ■ � & ■ ,|| ■ ■ ■ | ■ � �� ■■ ' ■ i ■-| | | # | # 7 ) ! �7 ) § — i Ir k f � � ■ | � I � j} : \\\{ | } .! o. tdO N Q N pp "' N 0 O O c O Ifi O d N O I11 O fnV� m w W o N I! O Q O f�D_ O OJ O m l7 PI �mp �mp NN ((pp 10 am NCB NIO@ Q)�NNIh H Nn b c�mmNnN(IT O! NNY Q Nm��(W`1A� VV Ot 6 O N w 3 N !9 W WWYfW Yl l9 Yf aA W 69 lA W M N1R W f9 lA Y! dl 19 VS f9M W M W WVf M VI MMN W OO LL � — N b O U 4!dl y9 W M W(Rq W19 Hi eR Wi9 Vi K t9 Y! 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Bid Proposals were received from five contractors. Base Bids were in a range from $2,473,000 to $2,762,296. Additive Allowances totaled $53,000 and there were five addftive aftemates as indicated in the enclosed table. RS&H's estimate of cost was $2,429,390. A copy of the complete bid results are enclosed with this letter. The Low Base Bid was from The Schwab Company in the amount of $2,473,000. They provided a fully executed Bid Bond, Buy American Certificate and Certificate of Compliance for DBE goals at the time of Bid Submission, constituting a complete bid package. It is RS&H's recommendation that the following Altemates be incorporate into the award • Additive Alternate No. 5 - Construct Salt Storage Building $ 35,000 • Additive Alternate No. 7 - Provide Landscaping $ 16,500 • Additive Aftemate No. 9 - Provide In -floor Hot Water System $ 25,000 RS&H recommends that you review Additive Alternate No. 8 Provide Skylights with appropriate representatives of the Airport Authority to make a determination as to their inclusion into the project. • Additive Alternate no. 8 - Provide skylights $49,000 Page 1 of 2 RS&H conducted a Due Diligence review of the projects, dollar amounts, business and financial references provided by The Schwab Company and it appears that The Schwab Company has a successful record of experience in similar projects generally of the size and scope as the Maintenance and SIRE Facility Building Addition at Rochester International Airport. We have reviewed the bids, supporting documents, qualifications and experience of the low bidder and found no evidence of improprieties therein. Therefore RS&H recommends that the Rochester International Airport award the Contract to the apparent lowest responsible bidder, The Schwab Company based on their base bid of $2,473,000, Additive Allowances of $53,000 and Additive Alternates 5, 7 and 9 in the amount of $76,500 contingent upon applicable contract requirements and available funding. We await your direction on Additive Alternate no. 8. Please call me if you need further information or have any questions. Sincerely, Reynolds, Smith and Hills, Inc. A644 Vik'" 004 Mark Wilcer A.I.A. Aviation Program - Building Service Group cc: Kurt Claussen Les Conway File encl. Page 2 of 2 lq ►T; AmbRectwaL Engineering, Planning, and Envkonmerrtal Services Reynolds, Smith and Hills, Inc. 900 East Diehl Road Suite 101 Napaeville, Illinois 60563 Voice 63D505-1991 Fax, 630-505-1977 July 14, 2006 Steven Leqve A.A.E.- Airport Manager Rochester International Airport 7701 Helgerson Drive SW Rochester, MN 55902 RE: Due Diligence review Maintenance and SRE Facility Building Addition Dear Mr. Leqve, Reynolds, Smith and Hills, Inc. (RS&H), as the architectural and engineering firm for the project, has performed a due diligence review for the apparent low bidder for the Maintenance and SRE Facility Building Addition project at Rochester International Airport, The Schwab Company. As part of that review, RS&H contacted Mr. Ben Schwab - Vice President and Mr. Willy Dickenson of the Schwab Company and requested a list of project, firm and financial references that have worked with the Schwab Company prior to this project. RS&H contacted the companies and individuals provided. The firms and contacts we were able to reach provided positive feedback regarding the execution and follow through of Schwab's work. A memo further describing the feedback from the review and correspondence from The Schwab Company is attached herein in support of these findings. Therefore, based upon the feedback and information provided to RS&H it appears that The Schwab Company has experience in similar projects generally of the size and scope as the Maintenance and SRE Facility Building Addition at Rochester International Airport. Please call me if you need further information or have any questions. Sincerely, Reynolds, Smith and Hills, Inc. Mw,4 K/I44-," iQJ.4 Mark Wiicer A.I.A. Aviation Program - Building Group cc: Kurt Claussen Les Conway File encl. AGENDA SECTII Consent REQUEST FOR COUNCIL ACTION ORIGINATING DEPT: Rochester International Airport ITEM DESCRIPTION: Bid advertisement for a roadway and utility extension to Airport View Drive. The Rochester Airport Commission recommends and requests Council authorization to: MEETING 11 DATE: 08/07/06 ITEM NO. Steven W. Legve Advertise for bids to construct a roadway and utilities extension to Airport View Drive to the south. This extension will provide for additional airport development. Funding: Airport Future Construction Accounts COUNCIL ACTION REQUESTED: Resolution authorizing the City Clerk to advertise for bids. COUNCIL ACTION: Motion by: second REQUEST FOR COUNCIL ACTION MEETING ll DATE: 08/07/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Rochester International Airport ITEM DESCRIPTION: Change Order #Iwith Century Fence Company for the Perimeter PREPARED BY: Fencing Project. Steven W. Legve The Rochester Airport Commission recommends and requests Council authorization to: Accept Change Order #1 with Century Fence Company for the Perimeter Fencing Project at the Rochester International Airport. The vast majority of this change order involves the installation of additional security upgrades that were mandated by the TSA after this contract was awarded. Other items include one additional culvert, a trash rack, and gate stiffeners. (6972) (FAA AIP 3-27-0084-2-06) (MnDot 5501-148) Changer Order 41 $27,580.00 New Total Project Cost: $1,185,417.62 Funding: 95% Federal 5% Local COUNCIL ACTION REQUESTED: Resolution authorizing the Mayor and the City Clerk to execute Change Order 41 with Century Fence Company. COUNCIL ACTION: Motion by: second by: to dO CHANGE ORDER Change Order No. 1 Rochester international AIP 3-27-OD84-2-06 MN Project No. 5501-148 Airport Sponsor — City of Rochester Sponsor Address h Date Prepared: 7/17106 Amount of Contract $1,157,837.62 Project No. 6972 201 4 St. SE Rochester, MN 65904 Contractor Contractor's Address COMPLETION DATES Century Fence Co. PO Box 277 Forest Lake, MN 55025 Contract 90 Working Days Revised: NIA Changes Ordered (See attached for details) F&I Security Upgrades for Gate #1, #8, & #9 @ $1,235.00/gate X 3 gates = $3,705.00 F&I Security Upgrades for Gate #2 @ $1,235.00/gate X 1 gate = $1,235.00 F&I Security Upgrades for Gate #3, #4, & #5 @ $2,630.00/gate X 3 gates = $7,890.00 F&I One (1) Gate Stiffener on Gate #1, #2, #3, #8, & #9 @ $885.001stiffener X 5 gates = $4,425.00 Furnish Security Upgrades for Gate #6 @ $1,890.00/gate = $1,890.00 Furnish One (1) Gate Stiffener for Gate #6 @ $625.001stiffener = $62&00 F&I One (1) Trash Rack for 36" RCP Apron @ $2,750.00/trash rack = $2,750.00 F&148 L.F. of 18" CMP Culvert @ $95.00/L.F. = $4,560.00 F&I 2 18" CMP Aprons @ $250.00/Apron = $500.00 Total Change Order #1 = $27,580.00 Reason for Change Order Upgrade security/access control potential of the automated slide gates. Provide additional culvert to maintain adequate conveyance of surface runoff. Provide trash rack on culvert inlet to maintain security of airfield. An equitable adjustment for the changes requested is established as follow: CONTRACT PRICE CONTRACT TIME X Not Changed Not Changed X Increased by $27 580.00 Dollars Increased by _Dollars Decreased by _Dollars Decreased by _Dollars The foregoing is in accordance with your contract dated and the aforementioned change, and the work affected thereby is subject to all contract stipulations and covenants. PUBLIC AGENCY: City of Rochester, MN By (file) (Date) ENGINEER: McGhie & Betts, Inc. /� 5 XVa 10 Approved: Federal Aviation Administration (District Airport Engineer) (Date) Century Fence Co. (Contractor) By AA4QM W (Title) (Date) B&w,4- rye_ 7. REQUEST FOR COUNCIL ACTION MEETING 0 DATE: 09/07/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Rochester International Airport ITEM DESCRIPTION: Professional Services Agreement with The Boyd Group, Inc. for air PREPARED BY: service development. Steven W. Legve The Rochester Airport Commission recommends and requests Council authorization to: Enter into a Professional Services Agreement with The Boyd Group, Inc. for air service development and analysis services for the Rochester International Airport. State Agreement 486581 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 The Boyd Group, Inc. COUNCIL ACTION: Motion by: Second by: m. 4 PROFESSIONAL SERVICES AGREEMENT Between The Boyd Group, Inc. and Rochester International Airport THIS AGREEMENT, made and entered into this _ day of July 2006, by and between Rochester International Airport, 7701 Helgerson Drive, SW, Rochester, Minnesota, 55902 (hereafter referred to as the "Client') and The Boyd Group, Inc. 78 Beaver Brook Canyon Road, Evergreen, CO 80439 whose Federal Identification Number is 84-0968-568 (hereinafter referred to as "The Boyd Group") who both hereby (in consideration of the mutual covenants of this Agreement) agree as follows: 1. TERM OF AGREEMENT This Agreement shall begin on the date of signing, and shall end upon mutual agreement of the parties. 2. SCOPE OF SERVICES The scope of services (hereafter also referred to as "Assignment') shall include air service development and analysis services to the Client, with the objective of improving westbound air access. These will include development of route and market forecasts for targeted airlines, development of market presentations, and arranging and facilitating meetings between the target airlines and the Client. Targeted shall include, but not necessarily be limited to, United Airlines and Frontier Airlines via DEN, American Airlines via DFW, and US Airways via m 3. BILLINGS COMPENSATION AND STATUS The Boyd Group acknowledges that it is an independent contractor and is responsible for all taxes and there shall be no withholding of taxes. The Boyd Group understands, acknowledges and The Boyd Group agrees that none of its employees shall be a classified employee of the client and that none of its employees shall have, be entitled to or receive any of the benefits afforded to unclassified employees of the Client. Professional fees for development of a forecast and market opportunity presentation will be $4,250 for the first airline and $2,750 for each airline thereafter. Project expenses are billed at cost, and include only such expenses that are usual and reasonable and would typically include any printing or overnight delivery. Additionally, any license fees, registration, business permits, or other charges required by government or Client policy in connection with this Assignment shall be billed to the Client. Attendance at meetings with each target airline related to this Assignment will be billed $2,500 per day, plus travel and accommodation expenses billed at cost. Additional work outside the scope of this Assignment shall be billed at the rate of $250 per hour. The Boyd Group's statements are due and payable upon receipt, and shall be paid in full within thirty (30) days of the statement date. 4. CONFIDENTIALITY Any information in the records and files of the client shall be considered confidential and The Boyd Group agrees that it will not disclose any confidential information without the express written consent of the Client. 5. ASSIGNMENT This Agreement shall be binding and shall inure to the benefit of the parties hereto and shall not be assigned or transferred. 6. VENUE This contract shall be subject to the laws of the State of Minnesota. el The Boyd Group, Inc. By: Date: L/ Michael J. $ yd / G President Rochester International Airport City of Rochester, Minnesota 0 NAME: TITLE: Date: Date: REQUEST FOR COUNCIL ACTION MEETING 9 DATE: 08/07/06 AGENDA SECTION: ORIGINATING DEPT: ITEM Now CONSENT AGENDA CITY CLERK ITEM DESCRIPTION: LICENSES, BONDS & MISCELLANEOUS CITY ACTIVITIES PREPARED BY: BETHANY GERBER 0 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. FIREWORKS DISPLAY Rochester Public School District 535 1510 14' Street NW Rochester, MN 55901 John Marshall High School -Fireworks set off after every JM touilliown on these dates. 9/1 9/22 9/29 10/18 10/24 10/28 11/03 11/10 Game-2ates. 9/15 9/29 10/13 10/27 12/01 2/16 Pet Rallies June 9 2007 Graduation 3.2 PERCENT MALT LIQUOR LICENSE Rochester T.D. Billiards 1207 7d' Street NW Rochester, MN 55901 Paul R. Allen SEWER AND DRAIN LICENSE Minger Construction Inc. Patrick Minger P.O. Box 236 Chanhassen, MN 55317 Prior approval by: D. Hanson, A. Blenker, B. Nowicki and S. Means COUNCIL ACTION: Motion by: Second by: to: LIr'ENSE, BONDS AND MISCELLANEOUS CITY ACTIVITIES PAGE 2 August 7th, 2006 SINGLE GAMBLING Rochester Ducks Unlimited 2628 22nd Avenue SE Rochester, MN 55904 Raffle Held at Rochester International Event Center 09/21/06 Senior Citizens Services 121 North Broadway Rochester, MN 55906 Raffle Held at the Mayo Civic Center 10/03/06 St. Pius X Catholic Church 1315 12`h Avenue NW Rochester, MN 55901 Raffle Held at the St. Pius X Catholic Church 09/09/06 TEMPORARY LIQUOR LICENSE St. Pius X Catholic Church 1315 12`h Avenue NW Rochester, MN 55901 St. Pius Church 09/09/06 Greek Orthodox Church 703 West Center Street Rochester, MN 55902 Greek Festival 08/25-08/27 MISCELLANEOUS Team Rochester and New Wine Fellowship 2006 7'" Avenue NE Rochester, MN 55906 Wayside Park -Church Band and Picnic 08/12/06 3:30 PM to 8:30 PM Greek Orthodox Church 703 West Center Street Rochester, MN 55902 Greek Festival 08/25-08/27 Rochester Track Club '/z Marathon 1418 Woodview Lane SW Rochester, MN 55902 Marathon Road Race 08/26/06 8:00 AM to 11:00 AM COUNCIL ACTION REQUESTED A motion to approve the above licenses, bonds, and miscellaneous city activities. REQUEST FOR COUNCIL ACTION MEETING 2-+ DATE: 8/7/06 AGENDA SECTION: ORIGINATING DEPT: City Clerk ITEM NO. Consent Agenda D ITEM DESCRIPTION: Transfer of On -Sale Intoxicating and Sunday Liquor Licenses - Hanger PREPARED BY: Judy Scherr Bar & Grill William McCollom and Robert Smith, owners of M.C. Smith, LLC are requesting approval of their application for transfer of the On -Sale Intoxicating and Sunday Liquor Licenses for the Hanger Bar & Grill, 7386 Airport View Drive S.W. currently owned by Andy Chafoulias dba The Hanger Bar & Grill, Inc. A confidential background check of the applications has been successfully completed. The transfer of the license will be completed upon approval by City departments and the receipt of the required dram shop and worker's compensation insurance certificates. COUNCIL ACTION REQUESTED A motion to approve the transfer of The Hanger Bar & Grill, Inc. dba Hanger Bar & Grill to M.C. Smith, LLC dba Hanger Bar & Grill at 7386 Airport View Drive S.W. pending departmental approvals and receipt of required insurance certificates. F COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 8/7/06 Consent Agenda ITEM DESCRIPTION: Appointment September 12, 2006 City Clerk Judges for State Primary Election on PKtrAKtu Judy Scherr The attached list of election judges is submitted for your approval. These individuals will serve at the State Primary Election to be held on Tuesday, September 12, 2006. There are currently 55,672 registered voters in the City of Rochester. The State Primary Election Ballot will include the races of Mayor and Third Ward Councilmember for the City of Rochester. The two top candidates in each race receiving the highest votes will then be placed on the State General Election Ballot to be voted on November 7, 2006. COUNCIL ACTION REQUESTED A motion to approve the list of election judges to serve at the September 12, 2006, State Primary Election. COUNCIL ACTION: Motion by: second by: to. IElection Judges As of 7/24/2006 2:39:46 PM Page 1 of 10 1-1 - Studio Academy, 415 16th Street S.W. Beverly A DeBus, Head Judge Judith M Thronson, Co -Head Judge Sharon Claude Margaret Hake Gayle A Hubbard Chris Miksanek Sue Naessens Lauren Pehler full day M day half day (2 pm - end of day) half day (6 am - 2:30 pm) full day half day (2 pm - end of day) full day half day (6 am - 2:30 pm) 1-2 - Resurrection_ Catholic Church. 1600 llth Avenue S.E. Phyllis D Kirchner, Head Judge full day Urla M Friedline, Co -Head Judge full day Marian H Knudsen full day Lillian B Krahn half day (6 am - 2:30 pm) Launie J Smith full day Susan Waughtal Full day Angela Whateley half day (2 pm - end of day) 1-3 - Golden Hill School, 2220 Third Avenue S.E. Mary Lynn Schiltz, Head Judge full day Dan Arms, Co -Head Judge full day Laurie Abell half day (6 am - 2:30 pm) Rodney D. Beistad full day Steve M Jenson full day Delores M Lofgren full day Carol Jean Peterson half day (2 pm - end of day) 1-4 - Ben Franklin School 1801 Ninth Avenue S.E. Penelope (Penny) C Ryno, Head Judge full day Biola (Boe) K. Beistad, Co -Head Judge full day Jean Chadboum half day (2 pm - end of day) Jean Michaels Full day Joan D Newkirk full day Gloria A Pankow full day Jeanine R Ringenberg half day (6 am - 2:30 pm) As of 7/24/2006 2:39:47 PM Page 2 0� 1-5 - Ascension Evaneelical Lutheran Church, 220711th Avenue SE Donald L Beck, Head Judge full day William G Beaulieu, Co -Head Judge Full day Emily Carol Anderson full day Thalia H Becker half day (2 pm - end of day) Cindy L Burt half day (6 am - 2:30 pm) Vera G Ogren Primary - full day; general - half day AM shift Total judges - 5 zzz- 1-6 - Bamber Valley School, 2001 Bamber Valley Road S.W. Robert N Markham, Co -Head Judge full day Patricia (Pat) K Perkins, Co -Head Judge full day Wayne H Laursen Full day Lynette M Lenoch-Craft half day (6 am - 2:30 pm) Patricia Mann half day (2 pm - end of day) Ken Randall Full day Total judges - 5 zzz- 1-7 - Oak Hills Wesleyan Church, 410 28th Street S.W. Joanne L Decker, Head Judge full day William M O'Fallon, Co -Head Judge full day Douglas Butler half day (6 am - 2:30 pm) Gene G Hunder half day (2 pm - end of day) Willard C Johnson full day Helen K.Scheid full day Carole Shulman half day (2 pm - end of day) Katy Torchia half day (6 am - 2:30 pm) 1-8 - Rochester Township Hall, 4111 11 th Avenue SW Carolyn F Barsness, Head Judge full day Patricia B Pearson, Co -Head Judge full day Dennis U Anderson full day Vivian Gordon-Weinshenker half day (6 am - 2:30 pm) Charles J Tarpenning full day John W Yunginger half day (2 pm - end of day) Total judges - 5 zzz- 1-9 - Sleep Inn & Suites. 7320 Airport View Drive S.W. Joyce S Markham, Co -Head Judge full day Raymond (Ray) L Sibley, Co -Head Judge full day Gordon G Carpenter full day Dewaine Silker full day Total judges - 4 zzz- 1Ssof 7/24/2006 2:39:47 PM Page 3 of 10 2-1 - United Way Building, 903 West Center Street Sandra Pederson, Head Judge Lawrence G Gifford, Co -Head Judge Harley Baker Nancy J Cribbs Bob Daly Wayne Harris Lucille Wehrs Lucile Weisbrod full day full day half day (6 am - 2:30 pm) half day (2 pm - end of day) half day (6 am - 2:30 pm) half day (2 pm - end of day) full day full day 2-2 - Edison Administrative Building 615 Seventh Street S.W. Amy C Caucutt, Head Judge full day Mike Podulke, Co Head Judge full day Susan E Einspahr full day Mary Gorfine full day Leslie J Harrington full day Michael C Mordi Full day 2-3 - Shorewood Senior Housing, 2115 Second Street S.W. Chad Jurgensen, Head Judge Darlene L Timmerman, Co -Head Judge Mary Kay Broeh] Cathy Finken Stephanie A Hallisy Shirley M Keehn Kirsten Peterson Rose (Rorie) Marie Seegmiller David Shulman 2-4 - Autumn- Autumn Ridge Salem Road S.W. Gordon F Hoffmann, Head Judge Nancy Ann Bergerson, Co -Head Judge Lois M Douglas Betty Fuchs Annette Hutchinson Sheryl A Loeffler James (Jim) A Morton Sharon Robinson full day full day full day half day (2 pm - end of day) half day (6 am - 2:30 pm) half day (6 am - 2:30 pm) half day (6 am - 2:30 pm) half day (2 pm - end of day) half day (2 pm - end of day) full day full day half day (2 pm - end of day) half day (6 am - 2:30 pm) half day (6 am - 2:30 pm) full day Primary -full day; general half day 6 am- 2:30 pm half day (2 pm - end of day) 0/ As of 7/24/2006 2:39:47 PM Page 4 of 10 '-5 - Harriet Bishop School 406 36th Avenue N.W. 'aria M Anderson, Co -Head Judge Carrie L Olson, Co -Head Judge David Freedman Michael Grinnell Christopher Kennedy Melvyn E Larson Aria Spears full day full day Full day Full day 6am-10pm half day (6 am - 2:30 pm) half day (2 pm - end of day) 2-6 - People of Hope Church 3703 Country Club Road W Barb J Mertz, Head Judge full day Marion I Heram, Co -Head Judge full day Kathleen Freeberg full day Jana Heydon 6 am - 10 pm Rodney Peterson full day Susan K Ricketts half day (2 pm - end of day) Rita Jean Salmon primary, half day am shift; General - full day 2-7 - People of Hope Church 3703 Country Club Road W See list for 2-6 3-1 - Sunset Terrace School, 170719th Avenue N.W. Donald M. Nelson, Co -Head Judge Raymond Rapp, Co -Head Judge William A Broehl Lorraine A Deedrick Richard Lundberg Theresa M Olson Marlys Ostby Phyllis Wright full day full day full day half day (6 am - 2:30 pm) half day (6 am - 2:30 pm) half day (2 pm - end of day) half day (2 pm - end of day) full day 3-2 - Gethsemane Lutheran Church, 2204 22nd Street N.W. Donald (Don) F Pankowski, Head Judge full day Martha Nutting, Co -Head Judge full day Elvera Cordes half day (6 am - 2:30 pm) Betty L Milkamn full day Sylvia T Nickel half day (2 pm - end of day) Loretta Schillo Full day Gregory (Greg) R Wimmer Full day or half day A� of 7/24/2006 2:39:47 PM Page 5 of 10 3-3 - Holy Spirit Church 5455 50th Avenue N.W David Lindstrom, Head Judge Virginia Nix, Co -Head Judge Homer H Leichleiter Dolores R Onnen Darrell M Ottman Noreen A Skogeu David Eugene Williams Full day frill day Full day half day (6 am - 2:30 pm) full day full day half day (2 pm - end of day) 3-4 - Resurrection Evaneelical Lutheran Church 4520 19th Avenue N.W. James D Kocer, Co -Head Judge full day Glenn Miller, Co -Head Judge Full day Patricia S Arndt half day (2 pm - end of day) Norma J Holst half day (6 am - 2:30 pm) John Scheid full day Earl Schillo Full day Elaine F G Schmidt full day 3-5 - Hosanna Lutheran Church 2815 57th Street N.W. Marlys L Ohnstad, Head Judge full day Wilbur L Wakefield, Co -Head Judge Full day Nicole Brandt 6 am - 10 pm Russell M Hird half day (6 am - 2:30 pm) Mary M Ho full day Bob Maegerlem full day Anna Roering half day (2 pm - end of day) 3-6 - Community Presbyterian Church 3705 55th Street N.W. Kenneth G Reding, Head Judge full day L (Lucky) R B Mullegama, Co -Head Judge Full day Britmey Block 6 am - 10 pm Glen Hope Farrow Primary - full day; General half day AM shift Lynne Marie Gaffey Primary - full day; general - half day (6 am - 2:30 pm) Matthew Lund Full day 4-1 - Senior Citizens Center, 121 North Broadway Kenneth L Schultz, Head Judge Roland N Hansen, Co -Head Judge Robert Boyson Mary P Hastings-Brodel Arline M Hunziker Laurene A Roepke Robert (Bob) Royston Total judges - 5 zzz- full day full day half day (2 pm - end of day) half day (6 am - 2:30 pm) Full day half day (2 pm - end of day) half day (6 am - 2:30 pm) 51 / As of 7/24/2006 2:39:47 PM Page 6 of 10 I-2 - Hawthorne Education Center, 700 Fourth Avenue S.E. Elizabeth (Betty) J Shimek, Head Judge full day Linda D Beebe, Cc -Head Judge Full day Larry Claude half day (2 pm - end of day) Janet S Hird half day (6 am - 2:30 pm) Jennifer B Hulsizer half day (2 pm - end of day) Suzanne Idso full day Roger Polansky half day (6 am - 2:30 pm) Margaret (Meg) Repede half day (4 pm to end of day) David F Welte half day (6 am -4:30 pm) 4-3 - Redeemer Lutheran Church 869 Seventh Avenue S.E. John C Hulsizer, Head Judge full day Janet M Kittley, Co -Head Judge fidl clay Elaine M. Bergeron full day Paul Bissen Full day Connie Edwards half day (6 am - 2:30 pm) Dallas R Glaser half day (2 pm - end of day) Darlene M Wentworth full day 44 - Olmsted County Health Department 2100 Campus Drive S.E. Teresa A Hughes, Head Judge full day Josephine R Kvittem Co -Head Judge full day Mark Bofferding Full day Catherine Briese half day (2 pm - end of day) Arthur Cote full day Amy LuAnn Gores half day (6 am - 2:30 pm) Joan M Odland half day (2 pm - end of day) Sharon K Smith half day (6 am - 2:30 pm) 4-5 - UCR Reeional Sports Center, 851 30th Avenue S.E. Jonathan Thoreson, Head Judge full day Ella M VanLaningham, Co -Head Judge full day Charles Buhr full day Frances (Fran) E Cooper Full day David (Dave) L Isaacson full day Marlene J Paulson full day 4-6 - Christ Lutheran Church, 2904 20th Street S.E. Brenda L Szuberski, Head Judge Sherry Noser, Co -Head Judge Sharon DeCathelineau Janet L Hayden Carole Kinion Copeland Mohamed Omar Mohamud Total judges - 5 zzz- full day full day Full day half day (2 pm - end of day) half day (6 am - 2:30 pm) full day As of 7/24/2006 2:39:47 PM Page 7 of 10 J 4-7 - UCR Regional Sports Center, 851 30th Avenue S.E. Sandra Ramage-Peel, Head Judge full day Darlene C Aske, Co -Head Judge full day Robert M Chamberlin full day Janet (Jan) Gonnella half day (2 pm - end of day) William M Hoffman half day (6 am - 2:30 pm) Carol J Lamberg full day Total judges - 5 zzz- 5-1 - Gloria Del Lutheran Church, 1212 12th Avenue N.W. Margaret E Klobuchar, Head Judge full day Colleen A Hesse, Co -Head Judge full day Daniel Dogo-Esekie half day (2 pm - end of day) Charlotte (Char) G Ellefson fail day Frank E Garrett half day (6 am - 2:30 pm) Matthew (Matt) D Jenkins half day (6 am - 2:30 pm) Arthur J Kennel half day (2 pm - end of day) Shirley A Kocer full day 5-2 - Northrop Community Center, 201 Eighth Street N.W. Sharon M Northouse, Head Judge full day Mabel Marie Walbruch, Co Head Judge full day Pamela F Beaulieu Full day Charles Brust full day JoAnn S Dubbels full day Total judges - 5 zzz- 5-3 - Kello g Middle School, 503 17th Street N.E. Martha A Carlson, Head Judge Janice A Bailey, Co -Head Judge Linda Becker Bill (William) F Born Faith V Lyons Judith Rich O'Fallon Kay L Wellner 54 - Jefferson School, 1201 Tenth Avenue N.E. Clarence C Zaborowski, Head Judge Charlotte (Char) Derksen, Co -Head Judge Caitlin Callahan Elizabeth Kelsey Rosemary T Mackey Lori Oliphant Philip W Weiler full day full day half day (2 pm - end of day) full day half day (6 am - 2:30 pm) full day full day full day full day Full day 6am-10pm half day (6 am - 2:30 pm) or 9 am to 5 pm half day (2 pm - end of day) full day As of 7/24/2006 2:39:47 PM Page 8 of 1D i-5 - Churchill School. 2240 Seventh Avenue N.E. 4ylene D Thompson, Head Judge Methal Majorowicz, Co -Head Judge Evan Case Charles Crawford Susan Hanenberger Kathleen McCarthy Darlene F Miller 5-6 - Church of Nazarene. 3343 East Circle Drive NE Fredrick (Fred) R Hughes, Head Judge David Welsh, Co -Head Judge Lyle Eugene Abrahamson Roberta (Bobbie) J Bailey Jane Hain Pat C Thomas James Williams full day full day half day (6 am - 2:30 pm) Full day half day (2 pm - end of day) 6am-10pro Full day full day full day Full day full day half day (6 am - 2:30 pm) full day half day (2 pm - end of day) 5-7 - Church of Jesus Christ of Latter Dav Saints, 2300 Viola Road N.E Brenda Marie Guidinger, Head Judge full day Delores M Holland, Co -Head Judge Full day John W Ellis half day (6 am - 2:30 pm) James D Fredricksen half day (2 pm - end of day) Harold H Osborn full day Loren D Weisbrod full day Paul D Whidden full day 5-8 - Church of Nazarene. 3343 East Circle Dr N.E See list for 5-6 6-1 - Elton Hills School, 1421 Elton Hills Drive N.W. Elaine (Becky) L Schuster, Head Judge full day Rose Marie Larson, Co -Head Judge full day Marion Bagne full day Cora Ann Brackenbury half day (2 pm - end of day) Kathleen Evers full day Harold B Stewart full day Janet Williams half day (6 am - 2:30 pm) J As of 7/24/2006 2:39:47 PM Page 9 of 10 6-2 - Hoover School, 369 Elton Hills Drive N.W. Karen M. Carney, Head Judge Delores M Smith, Co -Head Judge Lorraine A Darling Lucy Fritz Carol K Larson Carol A Schwocb Victor L Shimek Peter John Wegwerth full day full day full day half day (6 am - 2:30 pm) half day (6 am - 2:30 pm) full day half day (2 pm - end of day) half day (2 pm - end of day) 6-3 - Seventh Dav Adventist Church,1100 37th Street N.W. Elizabeth (Liz) S Hohnberg, Head Judge full day Janice M Kowalczyk, Co -Head Judge full day Francis Passe Full day Lois A Pihart half day (6 am - 2:30 pm) Celia Sue Robinson half day (6 am - 2:30 pm) Suecarol Schuler half day (2 pm - end of day) Catherine Strange half day (2 pm - end of day) Lawrence J Wehrs full day 6-4 - John Adams Middle School,1525 31st Street N.W. Patricia Hanson -Marino, Head Judge full day Lori A Timmerman, Co -Head Judge full day Kathleen Castrovinci half day (6 am - 2:30 pm) Tracy L Grove full day Michael (Mike) G Hendrickson Full day Jackie L Johnson half day (2 pm - end of day) RuthAnn Morgan Primary - full day; General - half day AM shift 6-5 - Oasis Church,1815 38th Street N.W. Donald Harrison DeWalt, Head Judge Philip Barton, Co -Head Judge Eleanor (Ellie) Dunn Christopher Paul Kruger John L Ostby Jay H Youmans Total judges - 5 zzz- full day full day half day (6 am - 2:30 pm) Full day half day (2 pm - end of day) full day 4� As of 7/24/2006 2:39:47 PM Page 10 of 10 6-6 - Assembly of God Church 4240 18th Avenue N.W. Linda Ruth Kuehn, Head Judge full day Peter Huffman, Co -Head Judge Full day Teresa Bogar half day (2 pm - end of day) Philip Castrovinci half day (6 am - 2:30 pm) Dolores Cleveland half day (6 am - 2:30 pm) Casey Mullins 6 am - 10 pm Jody VanOstrand half day (2 pm - end of day) Total judges - 5 zzz- 6-7 - Pax Christi Church 4135 18th Avenue NW Dennis Desmond, Head Judge Full day August C Krueger, Co -Head Judge full day Ashley Altrichter 6 am - 10 pm Jo M (Marie) Colter full day Alice B Einck full day Total judges - 5 zzz- Absentee Ballot Judge Steven Rutschow full day Kathy K Suffrins full day Consent Agenda REQUEST FOR COUNCIL ACTION MEETING DATE: 8n106� City Clerk ITEM DESCRIPTION: Correction to Annexation of Hawthorne Hills Golf Learning Center in PKtI'AKtU MY: Haverhill and Cascade Townships Judy Scherr On April 17, 2D06, the Council approved the annexation of lands in Haverhill and Cascade Townships for the Hawthorne Hills Golf Learning Center. The State Municipal Boundaries Adjustment Office returned approved Ordinance No. 3767 saying that they were unable to process the annexation due to the fact that a portion of the lands in Haverhill Township were in an orderly annexation area, another portion of the lands in Haverhill Township were not in the orderly annexation area, and another portion of the lands were in Cascade Township. At this time, the Council needs to repeal Ordinance No. 3767 and adopt a Resolution annexing land in the orderly annexation area of Haverhill Township (No. 2 on the attached map) and adopt an Ordinance for the Cascade Township portion (No. I on the attached map). After the Haverhill Township Resolution is approved by the Municipal Boundaries Adjustment Office, the Council will then adopt a separate Ordinance for the remaining portion of land (No. 3 on the attached map). These lands currently do not abut City property and will not do so until the Resolution under the Orderly Annexation Agreement has been approved. COUNCIL ACTION REQUESTED A Motion to adopt a Resolution approving the annexation of lands in Haverhill Township under the Orderly Annexation Agreement and adopt an ordinance approving lands for annexation in Cascade Township, all for the annexation of the Hawthorne Hills Golf Learning Center, and repealing Ordinance No. 3767. It is requested that the rules be suspended and the Ordinance be given a first and second reading and be adopted. COUNCIL ACTION: Motion by Second by to: AGENDA SECTION: CONSENT AGENDA ITEM DESCRIPTION: Real Estate — Anne Haverhill Township REQUEST FOR COUNCIL ACTION MEETING DATE: 4117lD6 ORIGINATING DEPT: I ITEM NO. Public Works L>— `-g PREPARED BY: M. Nigbur'�j%7 The City of Rochester has property known as the Hawthorn Hills Goff Learning Center. This property has been discussed for various uses including development of the property and development of a 9 hole golf course and expansion of the golf learning center. In anticipation of future City development Staff is recommending the property be annexed into the City at this time. Since the property is owned by the City there is statutory authority (State Statute #414.033) allowing cities to annex property that they own. Dj� �pC I Ey 02Dr, IG.ei Ca COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to adopt the Ordinance for annexation the City's property known as the Hawthorn Hills Golf Learning Center Property. COUNCIL ACTION: motion or. Seoondbe to: w REQUEST FOR COUNCIL ACTION MEETING DATE: 8/7/06 4 Consent Agenda REM DESCRIPTION: Records Retention Schedule - City Clerk ` L1 Judy Scherr The 2005 Revision of the State Records Retention Schedule was scheduled to be approved at the July 6, 2005, meeting but was inadvertently left off the agenda. The original State Records Schedule was developed and approved prior to 1988 with yearly updates for a period of years. The 2003 version was adopted by the City in June 2003. The schedule provides for the minimum number of years that City documents are to be retained. COUNCIL ACTION REQUESTED A motion to adopt a resolution approving the January 2005 revised General Records Retention Schedule for Minnesota Cities for the City of Rochester. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING Aq DATE: 8/ Consent Agenda City Clerk l%� ITEM DESCRIPTION: On -Sale Intoxicating Liquor License - Indigo Fusion, Inc. dba Sonte's. PREPARtU BY: Judy Scherr An application for an On -Sale Intoxicating Liquor license has been received from Tessa Reiser Leung and Nelson Leung co -owners of Indigo Fusion, Inc. dba Sonte's. The restaurant business will be located at 4 Third Street S.W., the former location of Wong's Cafd. The anticipated opening of the restaurant is October 25, 2006. The restaurant will feature Tapas, which is Spanish for small plate, inviting each person to create their own dining experience while sharing the experience with others, as well as an extensive wine bar offering. A confidential investigation of the applicant has been successfully completed. The license is pending receipt of the license fee, insurance certificates, departmental approvals, and the issuance of a Certificate of Occupancy from the Building Safety Department. COUNCIL ACTION REQUESTED A motion to approve Indigo Fusion, Inc. dba Sonte's at 4 Third Street S.W. pending receipt of the license fee, insurance certificates, departmental approvals, and the issuance of a Certificate of Occupancy from the Building Safety Department. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING�� DATE: 817106 A SECTION: ORIGINATING DEPT: Consent Agenda I Finance Department Approval of Accounts Payable Respectfully request a motion to approve the following cash disbursements: Investment purchases of $17,536,297.68 Accounts payable of $19 577 061.04 Total disbursements $37,113,358.72 (Detailed listing of disbursements submitted separately.) COUNCIL ACTION: Motion by: second by to: Dale Martinson NG � MEETING 3 f REQUEST FOR COUNCIL ACTION MEETITE: 817l06 Consent Agenda ITEM DESCRIPTION: LMCIT Liability Waiver Form Finance Department Jennifer King The League of Minnesota Cities Insurance Trust (LMCIT) has indicated that the City of Rochester must choose to waive or not to waive the statutory tort liability limits for this year's renewal of the liability insurance policy through the League of Minnesota Cities Insurance Trust. In previous years, the Council has considered providing additional liability coverage. The decision at that time was not to provide additional insurance above the statutory tort liability limits. Due to the increased cost of the additional coverage and the previous determinations of continuing to provide the statutory tort limits under the City's liability insurance policy, City staff recommends that the Council does not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. This recommendation would also include the South Zumbro Watershed Joint Powers Board liability policy provided by the LMCIT. COUNCIL ACTION REQUESTED: Approve the recommendation not to waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. Authorize the Mayor and City Clerk to sign the LMCIT Liability Coverage — Waiver Form for the City of Rochester LMCIT policy as well as the Waiver Form for the South Zumbro Watershed Joint Power Board policy. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING '7 DATE: 8/7/06 AGENDA SECTI, Consent ITEM DESCRIPTION: Memorandum ORIGINATING DEPT: ITEM NO. RPD and Human Resources I V\ - City of Rochester and LELS The City and members of Law Enforcement Labor Services (LELS) have prepared a Memorandum of Understanding (MOU) agreeing to compensate Police Officer(s) who when specifically assigned by the Chief or his/her designee to the Planning and Technology Unit are compensated at ten percent (10%) above regular pay level. The increased pay includes remuneration for being available by pager when required by the Employer. The attached document reflects the understanding reached. The additional cost (earnings only) to the City is estimated at approximately $ 6,000 per officer on an annualized basis based on 2006 pay rates. Annualized earnings 4-year level for Police Officer Council Action Requested: Regular Additional10% $ 61,785 $ 67,964 Resolution authorizing the Mayor and City Clerk to sign the Memorandum of Understanding between the City of Rochester and LELS 4", MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into between Law Enforcement Labor Services and the City of Rochester. Representatives of the parties have met and discussed the compensation for officers assigned to the Planning and Technology Unit. The parties agree as follows: An officer (not sergeant) assigned by the employer to the Planning and Technology Unit will be paid ten percent (1 D%) above their regular pay level. The premium includes remuneration for being available by pager when required by the employer. The City of Rochester and Law Enforcement Labor Services agree to enter into this agreement immediately. Either party may request to meet and negotiate regarding unforeseen or unintended consequences arising from this agreement. The Police Chief retains the management right to assign employees to the positions in this agreement. This Memorandum of Understanding represents the complete agreement of the parties regarding this matter. FOR THE CITY OF ROCHESTER Dated: FOR LAW ENFORCEMENT LABOR SERVICES, INC. Dated: J } r l Meeting REQUEST FOR COUNCIL ACTION Date_ 08/07M6 AGENDA SECTION ORIGINATING DEPT: Consent Agenda ITEO. Rochester Public Utilities ITEM DESCRIPTION: PREPARED BY: Consideration of Public Utility Board Action Kathy Wilson The Rochester Public Utility Board has approved the following on July 25, 2006 and requests the Common Council's favorable consideration: - to approve a resolution to approve the issuance of a Water Revenue Note, Series 2006A, and the Execution of a Project Loan Agreement by the City of Rochester and the Midwest Consortium of Municipal Utilities (MCMU) to make certain improvements to the City's municipal water system. GENERAL MANAGER: COUNCIL ACTION: Motion by: second by: to: W FOR BOARD ACTION Agenda Item # 6 Meeting Date: SUBJECT: Issuance of 2006A Water Utility Revenue Note PREPARED BY: Curt Kraft, Director of Corporate Services ITEM DESCRIPTION: 7125106 In the budget process for 2006, staff reviewed with the Board the need to do short term financing in the water utility. This would allow the utility to maintain the appropriate reserve levels without having a dramatic impact on rates. Since 2003, the water relocation work done for Highways 52 & 63, which is a non -typical cost, has had a major draw on the water reserves. The cost to date of these activities is $ 1,450,000 with an estimated $200,000 additional outlay in 2006. Based on the Board's liquidity policy, the water utility should be carrying cash reserves in the amount of a little more than $ 2,000,000. It currently is carrying a balance of $ 800,000, with our estimates showing no change at the end of the year. Staff is recommending that a fixed rate note be issued against the Midwest Consortium of Municipal Utilities (MCMU) bond issue with net proceeds of $ 1.5 million dollars for 5 years to finance water capital infrastructure improvements. UTILITY BOARD ACTION REQUESTED: The Board is requested to pass a resolution approving and consenting to the issuance of a Water Revenue Note, Series 2006A, and the Execution of a Project Loan Agreement by the City of Rochester. ` 7 ,1e k G eral Manager ate Sprimslnd tr¢urpa!2ted 36P laekmn Simi, Suitc 3M Saint Paul. MN 551P1-2EW Springsted 1ei651.223-30M vvy" Springsled.cw July 21, 2006 Mr. Curt Kraft, Director of Corporate Services Rochester Public Utilities 4000 East River Road NE Rochester, MN 55906-2813 Re: Participation in MMUA Financing Pool independent Advisor Review of Financing Terms Dear Mr, Kraft f The Rochester Public Utilities (RPU) would like to participate in the MMUA Financing Pool in the approximate amount of $1,525,000, The RPU has asked for our opinion of the financing terms, given our independent status and long-term relationship with RPU. We understand the RPU will enter into a loan agreement with MMUA. We understand the agreement sets all of the financing terms, by establishing costs of issuance, repayment form and interest rate. The interest rate is a fixed interest rate, which as of the most recent information provided to us is currently estimated at 3.95% over the four- year repayment term. We have compared this estimated rate to the current interest rate market for an issue sold by RPU without the MMUA. We believe this current estimated rate is reasonable based on this market analysis. The other major cost component is the costs of issuance. As a general statement we believe these costs to also be reasonable. We would be pleased to elaborate further on any of these topics and other aspects of the transaction at your direction. Respectfully, David N. MacGillivray Chairman maj 0 / Public Sector Advisors rO r RY �(id90, H[ZII::YJ "C' RESOLUTION NO.45 Resolution Approving and Consenting to the Issuance of a Water Revenue Note, Series 2006A, and the Execution of a Project Loan Agreement by the City of Rochester BE IT RESOLVED by the Public Utility Board (the "Board") of the City of Rochester, Minnesota (the "City"), as follows: Recitals. (a) The Board, in cooperation with the Rochester Common Council (the "Council"), has determined to make certain improvements (the "Improvements") to the City's municipal water system (the "Water Utility"). (b) In order to provide financing for the Improvements, the Council is expected to consider for approval on August 7, 2006, a resolution entitled "Resolution Relating to a Water Revenue Note, Series 2006A; Authorizing the Issuance Thereof in Connection with the Minnesota Municipal Utilities Association Financing Program; Providing for the Execution and Delivery of a Project Loan Agreement and Related Documents; and Authorizing Certain Future Actions" (the 'Resolution"), a copy of which has been presented to the Board for its consideration. (c) The Resolution would, upon its adoption, authorize the issuance of an Water Revenue Note, Series 2006A (the 'Note"), specify the terms, rates of interest, redemption premiums, form, and other details of the Note, pledge the Net Revenues of the Water Utility for the payment of the Note, and set forth other covenants and obligations of the City, including without limitation certain covenants relating to the Water Utility). (d) The Resolution, as the same may be finally adopted by the Council, is hereby incorporated into this Resolution to the same extent as though set forth in full herein, and each capitalized term which is used in this Resolution but not otherwise defined herein shall have the meaning given to that term in the Resolution. 2. Consent and Approval. The Board hereby consents to and approves the issuance of the Note and execution of the Project Loan Agreement by and between the City and Midwest Consortium of Municipal Utilities in substantially the form presented to the Board, and determines that the issuance of the Note and execution of the Project Loan Agreement by the City is necessary and desirable and that the issuance of the Note in the principal amount to be issued is appropriate for the purposes for which the Note is issued. 1926695YI k' Ok The Board hereby consents to, adopts and endorses the representations, terms and covenants of the Resolution, as incorporated in this Resolution in full. The Board hereby covenants and pledges to cooperate with the Council (and to take such actions, or refrain from acting, as the case may be, as may be necessary) in order to fully effectuate the intent, purposes and obligations of the City under the Resolution or otherwise in respect of the Note. Passed by the Public Utility Board of the Ci/Rosteesota, 's 25th day of July, 2006. President The foregoing Resolution was introduced by Boardmember Mark LctZ , who moved its adoption. The motion for the adoption of the foregoing Resolution was duly seconded by Boardmember �'" TUer\ and upon a vote being taken thereon, the following Boardmembers voted in favor thereof: year IC l ci Z Tetck J- b den iC chxr� L_ a, v\. cl uJ -e%3r and the following voted against the same: N o tom, Whereupon said Resolution was declared duly passed and adopted. 19266950 \�V STATE OF NIINNESOTA CITY OF ROCHESTER PUBLIC UTILITY BOARD I, the undersigned, being the duly qualified and acting Secretary of the Public Utility Board of the City of Rochester, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes with the original minutes of a meeting of the Board duly called and held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and complete transcript therefrom approving the issuance and sale by the City of Rochester of its Water Revenue Note, Series 2006A and approving a Project Loan Agreement. WITNESS my hand as such Secretary this a2,r day of 4. 0. , 2006. Secretary Rochester Public Utility Board 1926695v1 REQUEST FOR COUNCIL ACTION MEETING 0 DATE: 6/7/06 1GENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works l ITEM DESCRIPTION: Supplemental Agreement #1 Project #M6-04, (J4610) PARED BY: Sidewalk Repair and Replacement in Various Locations kPor D. Nelson The plans provide for the removal, repair and replacement of sidewalk panels at various locations throughout Rochester. In some locations, it became necessary to repair the curb as a part of the sidewalk repair work, specifically at corners where we have pedestrian ramps. The Engineer determined it was necessary to replace the concrete curb and sill in several locations to stabilize the new pedestrian ramps. Public Works recommends Council approval of this supplemental agreement. COUNCIL ACTION REQUESTED: Adopt a resolution authorizing payment of Supplemental Agreement #1 in the amount of $3,660.75 for Project # M6-04 (J4610) "Sidewalk Repair & Replacement in Various Locations". COUNCIL ACTION: Motion by second by to: e4i,,1 Rochester Supp.to Contract No. Depa t Of Public Works No. 1 SUPPLEMENTAL AGREEMENT Page IofI Contractor Fed. Project - Project No.'s Doyle Conner Co. Dept. No. ] 4610 address Location i2006 Sidewalk Repair and Replacement In City Project No. M6-04 S.A.P. No. i 1635 3rd Avenue SE Rochester, MN 55904 Various Locations This Contract is amended as follows: WHEREAS: The Plans provide for the installation of new sidewalk at varies krcations. WHEREAS: The specifications require that sill be placed behind the curb WHEREAS: The curb in a few lacations was in poor condition and needed to be replaced Therefore: The engineer deem it necessary to replace curb and sill in various lacations to stablize the new pedestrian ramps. Compensation will be as listed below The contractor shall not make any claim of any kind or character whatsoever, for any other Cost or expense he may incur or that may be hereafter incurred, as a result of work covered by this agreement. Estimate of Cost Item Number Item Name UOM Unit Price Total Amount 531.501 ED FACILITIES 550 ONCRETE CURB & GUTTER DESIGN 624 (MOD) LIN FT 14I 34.Sd $465.75 I i 531.603 ONCRETE SILL LIN FT 30 10.0 $3,045.OQ 123.501 OMMON LABORERS HOUR 50.0 $150.0 ub Tota/: 3 660.75 Previous Addmons 1I Index Approved as to form and execution Total Item Class nt Requested ial Contract Additions to Date ntaoe Increase Aooroved By Common Resolution Dated Mayor City Attorney Attest Dated Dated Dated 20_ Dated 7" Z 2�' Dated 2* told b/y Contractor /v by State Aid En Ir Funds Available Director of Finance P Jan. ^8. M6 9:4EAM Na, 2454 °, 2 r DOYLE CONNER CO. 1635 2HRD AV=*nJE SS ROCHMSir'R,NM 55904 507-282-1748 FAX 232.2343 City Project MS-04 (4610) Sidewalk Replacement Project Pay Request #1- Work through 6127106 4" Concrete Walk Replacement 5" Concrete Walk Replacement 6" Concrete Walk Replacement T' Concrete Walk Replacement Pedestrian Curb Ramp Replacement Sill B-624 Curb Rebuild traffic control box under concrete 2 hours Labor @ $50 Equipment / 5 Unit Quantities Unit Price Amount SF 7848A! $ 7.92 $ 62,159.72 SF $99.69 $ B.48 S 5,085.37 SF —859.18 $ 9.40 S 8,C76.29 SF ' 196.3 $ 9.64 S 1,892.33 SF 183698 9 R 70 S 15 nay 7d LF g o Y. -288 $ 10.M $ 2,860.00 LF 1.3 ; —0-1— $34.50 $ 224.25 S 100,00 $ 50,00 $ 95,511.21 REQUEST FOR COUNCIL ACTION MEETING DATE: +, 7 81 --NDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works ITEM DESCRIPTION: Consideration of Bids: Hadley Valley Trunk Sanitary Sewer to PREPARED BY: Serve Sewer Service Area 29A Phase 2, J7744 J. Loehr Bids were received and opened after 11:00 a.m., June 27, 2006 for the following local improvement project: City Proiect No: M2-42-2-05 J7744 "Hadley Valley Trunk Sanitary Sewer to Serve Sewer Service Area 29A Phase 2." The following bids were received: Base Bid Alternate Bid Base + Alternate A-1 Excavating $3,167,770.73 $135,029.30 $3,302,800.03 Low Bid SJ Louis $3,625,151.65 $106,213.05 $3,731,364.70 Barbarossa & Sons $4,215,969+50 $142,319.95 $4,358,289.45 Lametti & Sons $4,227,276.40 $135,521.00 $4,362,797.40 Elcor Construction $4,278,054.43 $ 68,449.75 $4,346,504.18 Engineer Estimate $3,611,256.30 $114,077.00 $3,725,333.30 The Hadley Valley Phase 2 project is included in the 2006 - 2011 Capital Budget, Sewer and Water, Page 60, Item No. 8. The project is necessary to provide sanitary sewer to the Hadley Valley sewer service area. The project also includes drainage improvements in the East River Road NE area. The Department of Public Works recommends that the contract be awarded to A-1 Excavating for the Base Bid plus the Alternate Bid. The Alternate Bid includes drainage improvements along the north line of RPU's property. The project is proposed to be funded by SAC Revenue Bonds to be issued later in 2006 and from the Stormwater Utility. The Feasibility Report adopted by the City Council on August 1, 2005 requires that the developers/owners of property within Hadley Valley representing at least 50% of the estimated project cost for each respective Phase must enter into Contribution Agreements with the City prior to the award of contract for the project. As of August 2, 2006 the City has not received any signed Contribution Agreements from the developers/property owners within the Hadley Valley area. In the event Contribution Agreements are not received prior to the August 7, 2006 City Council meeting the Department of Public Works recommends that the award of contract be withdrawn. The bids are good until August 26, 2006. COUNCIL ACTION REQUESTED: 1. If the Council wishes to proceed a resolution could be adopted awarding the contract to A-1 Excavating for the Base Bid plus the Alternate Bid. Attachment: Location Map Budget and Assessment Schedule COUNCIL ACTION: Motion by: Second by to: a d III MR $p���� J��� 1pz_.::.as 30 g■ ��a� ; U j$d d d .p d Z n 7 `o N )�R■ � i z a $i Eg ypyp pS €G b s R 85 a Eel ai B iI LU ll a s � i $j� � Y Y wq_'eeay+ds+g,` 4a agYe'�$3. g'=6 a E; Est tlB6S i3atltl SE€ "s a sh®€ 5 .,.,www ww 3xxx_„a,R� ¢ °z ¢ ��IIIil1l� iii��ili��}�f In+W ['o�[�•ao��l�l IIWt�id tr[$;7 gg3 M gy �5 y a It v6a�� 5 a :A ® a g YY k 83g Project Manager: James M. Loehr Contractor: A-1 Excavating 81212006 BUDGET DATA SCHEDULE FOR CONSTRUCTION CONTRACT Engineering Firm: City IVA� Project Inspector: Steve Szuberski Project No. M2-42-2-05 Capital Improvement Information: Date of Origination J No. J7744 Year: 2006 Page No.: 60 State Aid No. I Type: S&W LIP Project No.: 8 07/05/06 Description: Hadley Valley Trunk Sanitary Sewer to Serve Sewer Service Area Z9A Phase 2. Project Substantial Completion Date COUNCIL ACTION DATE 07/05/06 PROJECT BUDGET CONTRACT FINAL (FEASIBILITY REPORT) (AWARD) COST CONSTRUCTION COSTS 8,845.00 0.00 Water (150) Z,829,927.48 0.00 Sanitary Sewer (250) 35,986.25 0.00 Street (350) 426,237.30 0.00 Storm Sewer (450) Pedestrian Facilities (550) 1,802.00 0,06 0.0D Traffic Signals (650) 0.00 Storm Water Ponds (750) SUB -TOTAL 0.00 3,302,800.03 0.00 Engineering, Interest, Contingencies 0.00 990,840.01 #VALUE! 300,000.00 0.00 Land Acquisition TOTAL $ - $ 4,593,640.04 #VALUE! FUNDING DISTRIBUTION 22DO Street Resurfacing 2201 Street Rehabilitation 4844 MSAS Reserves 4946 Bikeways 6501 Storm Water Management 175,538.09 7228 Hadley Valley-TID 8201 WAC/Connection Charges 8202 SAC/Connection Charges 8204 Assessments (Total Assessment Role) 8207 Substandard Street 8208 Traffic Calming 8209 Pedestrian Facility Charges 8212 SAC/Capacity Relief 8Z22 Sanitary Sewer Tunnel 8307 Sidewalk Construction 9757 Northwest/Kings Run-TID 9846 Willow Creek-TID Developer Funds/Contributions DNR Funds Federal Aid Funds Municipal State Aid Funds Retained Earnings (Specify Utility) Water Utility Share SAC Revenue Bonds 4,418,101.95 OTHER OTHER TOTAL $ - S 4,593,640.04 S ' "Verify availability of funds with Tonya Klees at feasibility. ................ "'i+h .,,,,,r Pr a Foacihility and Award of Contract and provide copy to Tonya Klees. REQUEST FOR COUNCIL ACTION MEETING ` DATE: 0 /07/06 AGENDA SECTION: ORIGINATING DEPT: i i tm I CONSENT AGENDA PUBLIC WORKS ITEM DESCRIPTION: AWARD OF CONTRACT: (J7237) PREPARED BY: Alley Reconstruction in the 500 block between 9th Ave SW & 10th Ave . Kelm SW Bids were received and opened after 11:00 a.m., July 27, 2006 for the following local improvement project: Project: City Project No. M5-21 (J7237) Alley Reconstruction in the 500 block between 9th Ave SW & 10th Ave SW. Project Background A request was made on April 18, 2005 for reconstruction of the residential alley. The petition was signed by 7 of the 9 property owners representing 78 percent of the frontage abutting the project to be made. An informational meeting was held with the abutting property owners on November 17, 2005. 5 of the 9 property owners attended the meeting. The feasibility report was adopted on February 22, 2006 and the project and assessment hearings were adopted at the March 20, 2006 council meeting. This project was proposed to be funded with Special Assessments ($ 16,617.05) and General Street Resurfacing Funds. The following bids were received: Total Bid 1. Concrete Grade Inc. $ 75,609.93 2. Blitz Construction $ 84,982.50 2. Elcor Construction $ 94,218.00 2. Road Constructors $ 107,772.64 Engineers Estimate Project Recommendation: The Public Works Department recommends the City Council proceed with an award to the low bidder. COUNCIL ACTION REQUESTED: Adopt a resolution awarding the contract, City Project No. (J7237) Alley Reconstruction in the 500 block between 9th Ave SW & 10th Ave SW" to Concrete Grade Inc. [COUNCIL ACTION: Motion by. second by: to: AT BUDGET AND ASSESSMENT SCHEDULE FOR CONSTRUCTION CONTRACT Alley in 500 Block between 9th Ave SW & loth Ave SW Cchn,nm, 9n 5>nnF August 7. 2006 Engineer Estimate Cost Contract Cost Final Cost Construction: 300 - Alley 200 - Sanitary $54 000.00 $2 900.00 $93 287.91 $5 005.00 $56,9DO.001 $98,292.91 Gehrl taN PO 2n06 August 7. 2006 Funding Distribution: Engineer Estimate Cost Contract Cost Rochester Local Funds 7AIley $37 382.93 $76 67D.8Rochester Local Funds a Sewer $2 900.00 $5 005.00 S ecial Assessments - Fronts a $16 617.07 $16 617.07 TOTAL $56,900.001 $98,292.91 Distribution Percentages: City Local Share 65.70% 78.00% City Sanitary Share 5.10% 5.09% Special Assessments Share 29.20% 16.91 % TOTAL 100.0% 100.0% Notes: Make Initial Disbursement from Fife name = feasibifty MPOd.xls pant date'. 727120D6 Project Manager: Russ Kelm Contractor: CG Construction BUDGET DATA SCHEDULE FOR CONSTRUCTION CONTRACT Engineering Firm: City Project Inspector: City 7/27/2006 / -13 Project No. M5-21 Capital Improvement Information: Date of Origination J No. 7237 Year: 2006 Page No.: State Aid No. Type: CIP Project No.: 02/20/06 Description: Reconstruct Alley in 500 Block between 9th Ave SW B loth Ave SW Project Substantial Completion Date COUNCIL ACTION DATE 02/20/06 PROJECT BUDGET CONTRACT FINAL (FEASIBILITY REPORT) (AWARD) COST CONSTRUCTION COSTS o.00 Water (150) Sanitary Sewer (250) 2,900.00M71,759.93 0.00 Street (350) 54,000,000.00 0.00 Storm Sewer (450) 0.00 Pedestrian Facilities (550) 0.01 Traffic Signals (650) 0.00 Storm Water Ponds (750) SUB -TOTAL 56, 900.00 75, 609.93 0.01 Engineering, Interest, Contingencies 17,070.00 22,662.98 #NIA Land Acquisition 0.00 0.00 0.00 TOTAL 5 73,970.00 $ 98,292.91 #N/A FUNDING DISTRIBUTION 2200 Street Resurfacing 57,352.95 81,675.86 2201 Street Rehabilitation 48M MSAS Reserves 4946 Bikeways 6501 Storm Water Management 7228 Hadley Valley-TID 9201 WAC/Connection Charges 8202 SAC/Connection Charges 82D4 Assessments (Total Assessment Role) 16,617.05 16,617.05 8207 Substandard Street 8208 Traffic Calming 8209 Pedestrian Facility Charges 8212 SAC/Capacity Relief 8222 Sanitary Sewer Tunnel 8307 Sidewalk Construction 9757 Northwest/Kings Run-TID 9846 Willow Creek-TID Developer Funds/Contributions DNR Funds Federal Aid Funds Municipal State Aid Funds Retained Earnings (Specify Utility) Water Utility Share OTHER OTHER OTHER TOTALI 5 73,970.00 $ 98,292.91 $ - *Verity availability of funds with Tonya Klees at feasibility. *Please include a copy of this form with your RCA 0 Feasibility and Award of Contract and provide copy to Tonya Klees. REQUEST FOR COUNCIL ACTION MEETING 14 / DATE: 8/7/06 GENDA SECTION: ORIGINATING c Wo - ITEM NO. _ — CONSENT Public Works CAA-J ITEM DESCRIPTION: TMDL Storm Water Grant Resolution + R B. REDHubBY. y With the passage of the Clean Water Legacy Act, state bonding money has been made available for grants associated with reversing the water quality impairment of listed waters with Total Maximum Daily Load (TMDL) reports approved by the Environmental Protection Agency (EPA). EPA has approved the SE MN TMDL report for fecal coliform bacteria. This report assigns the urban contribution to runoff contaminated by pet and wildlife waste. Under our storm water permit, we are obligated to take steps to reduce the waste load allocation contributed by our jurisdiction. Eligible projects under the new TMDL grant program include storm water capital projects that will address the water quality impairment and provide a 50% match. Staff have prepared a grant application for a shoreline buffer project at Silver Lake. The installation of a native vegetative buffer will provide filtration capacity to reduce the concentration of fecal coliform bacteria that reaches the lake from runoff contaminated by goose waste and pet waste. Silver Lake has approximately 11,000 linear feet of shoreline. The estimated cost to restore the entire length of shoreline is estimated to be $550,000. The City's share of the cost would therefore be $275,000. Storm Water Utility Funds would be used to pay the City's share. COUNCIL ACTION REQUESTED: Adopt a resolution authorizing the submittal of a TMDL grant application to the Minnesota Public Facilities Authority for a shoreline buffer project to reduce the loading of fecal coliform bacteria to Silver Lake from pet and wildlife waste. COUNCIL ACTION: Motion Second r" H:\Stormwatcr\PFA grant application.DOC A-k Minnesota Public Facilities Authority TMDL Grant Application Resolution RESOLUTION NO. 4 RESOLUTION AUTHORIZING THE CITY OF ROCHESTER TO SUBMIT A TOTAL DAILY MAXIMUM LOAN (TMDL) GRANT APPLICATION TO THE MINNESOTA PUBLIC FACILITIES AUTHORITY (PFA) AND TO AUTHORIZE CITY OFFICIALS TO EXECUTE A GRANT AGREEMENT ON BEHALF OF THE CITY OF ROCHESTER FOR THE SILVER LAKE SHORELINE BUFFER PROJECT. WHEREAS, under the provisions contained in Minnesota Statutes 446A.073 (2005, and amended by MN Laws 2006, Chapter 251, Section 21, Subdivision 9) the TMDL grant program was created and funds appropriated; and WHEREAS, a TMDL study has been approved by the U.S. Environmental Protection Agency and the Minnesota Pollution Control Agency has determined that implementation of best management practices is necessary to address the urban fecal coliform load contributed by pet and wildlife waste in order to meet the waste load reductions required by the TMDL, and WHEREAS, research has shown that riparian buffers help filter out fecal coliform bacteria to improve water quality. THEREFORE, BE IT RESOLVED that the City of Rochester has the legal authority to apply for the grant, and the financial, technical, and managerial capacity to ensure proper construction, operation and maintenance of the project for its design life. BE IT FURTHER RESOLVED, that upon approval of its application by the PFA, the City of Rochester 1 may enter into an agreement with the PFA for the above referenced project, and that the City of Rochester certifies that it will comply with all applicable laws and regulations as stated in all contract agreements described in the Compliance listing of the grant application. NOW, THEREFORE BE IT FURTHER RESOLVED, that the Mayor of Rochester and the President of the Rochester Common Council, or their successors in office, are hereby authorized to execute such agreements, and amendments thereto, as are necessary to implement the TMDL project on behalf of the City of Rochester. I CERTIFY THAT the above resolution was adopted by the Common Council of the City of Rochester on the day of , 2006. SIGNED: WITNESSED: Ardell Brede, Mayor Date: Dennis Hanson, Common Council President Date: Judy Scherr, City Clerk Date: SEAL R'StormwaterTFA gent nsolution.doc REQUEST FOR COUNCIL ACTION MEETING 11 DATE: 08/07/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D� ITEM DESCRIPTION: Agreement: (J7746) PREPARED BY: Construction — Storm Sewer Reconstruction R. Kelm Project: State No SP 159-1113-16 City No. 6311-4-05 (J7746) Reconstruction of 11 tb Ave NW from 6th Street NEW to 10th Street NW. Project Background The Pavement Rehab project is included in the State Transportation Improvement Program (STIP) 2006-2008, FY 2008, SEQ # 863 p. III-66 of 130, utilizing $730,000 in Federal Funds. It is also included in the City's 2006 — 2011 Capital Improvement Program (CIP) with a recommended 2007 advanced construction. The project will involve the reconstruction of the 15" storm sewer crossing under the Dakota, Minnesota, & Eastern Railroad Corporation (DM&E) railroad tracks. A permit has been applied for and the DM&E has executed a License Agreement #072406 for the 24" Storm Sewer pipe located near MP 50. U 6,y5 DR NW A NDR N RGl 19 5T 1 OgKOT M/NNESOTq g E45TFRN qq o9'y� D � 1e sr 3 TR z a 74 < 7ST o W Location 6 m ae >si NE VV CCEN R i Z Y W CER ER W {E CEIJIER ST �MRr 6i� 'STEM D BRD i a ST SE N } p S SW 6 SEA 6 � m � q v Y l COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to sign the License agreement for the storm sewer pipe. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING 000 DATE: 817106 'AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works b . a ITEM DESCRIPTION: Revocable Permit: Landscaping PR PARED BY: ,, J M. Nigbur Randy and Dawn Aranguren, the Owners of Lot 9, Block 1, Meadow Park South 3b Subdivision, have requested the City issue a revocable permit for the placement of various encroachments within existing utility and drainage easements on their property. o Landscaping, a raised bed garden and a shed are installed in the southeast comer of said Lot 9 abutting the south property line. All these improvements encroach into the 5-foot wide utility easement that is located adjacent and parallel to the south lot line of said Lot 9. o Said raised bed garden, landscaping including plantings and rock, and fencing are installed adjacent to the northeast lot line of said Lot 9. All these improvements encroach into a 4-foot wide utility easement located on the property that is adjacent and parallel to the northeasterly lot line of said Lot 9. o Landscaping, including plantings and rock, and fencing are installed along the northeast property line of said Lot 9. All these improvements encroach into a 20-foot wide utility easement with a centerline described as follows: Commencing at the most southeasterly corner of said Lot 9; thence west 105.39 feet along the south property line of said Lot 9 for a point of beginning; thence northeasterly 57.83 feet and terminating at a point on the northeast lot line of said Lot 9 a distance of 82.40 feet from the most southeasterly comer of said Lot 9. o Landscaping, including plantings and rock, fencing and a concrete driveway are installed adjacent to the northeasterly lot line of said Lot 9. Al these improvements encroach into an existing 6-foot wide utility easement located adjacent and parallel to the northeast lot line of said Lot 9. Staff has reviewed the request and would recommend in favor of granting a Revocable Permit. The Owners have executed the Revocable Permit, which includes the standard language for revocation and liability protection for the City. Authorize the Mayor and City Clerk to execute the revocable permit with Randy & Dawn Aranguren, for the property described as Lot 9, Block 1, Meadow Park South 3'd Subdivision, for the placement of various encroachments within existinq utility and drainage easements on their property. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 8/7/06 ,GENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: Public Works NO. �- a-3 ITEM DESCRIPTION: Revocable Permit: Awning on Building at 519 16' Avenue SW PREPARED BY: M. Nigbur;�� Minnesota Energy Resources Corporation (formerly Aquila), the Owner of the property located at 519 1S1 Avenue SW (Lots 1 and 2 and the south 1/3 of Lot 3, all in Block 1, Original Plat to the City of Rochester) has requested the City issue a revocable permit for the placement of an awning that extends into the right of way of Is'Avenue SW. The awning is to be installed as shown on the exhibit below. Staff has reviewed the request and would recommend in favor of granting a Revocable Permit. The Owner has executed the Revocable Permit, which includes the standard language for revocation and liability protection for the City. I 5 ST SW 6 ST SW COUNCIL ACTION REQUESTED: Avming Location Authorize the Mayor and City Clerk to execute the revocable permit with Minnesota Energy Resources Corporation located at 519 1st Avenue SW for the placement of an awning in the right of way of 1 st Avenue COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: J 8/ 6 GENDA SECTION: CONSENT AGENDA ITEM DESCRIPTION: Revocable Permit — Part Subdivision ORIGINATING DEPT: ITEM NO. Public Works 31ock 1, Menards South PREPARE BY: Menard, Inc., the Owner, has requested the City issue a revocable permit for the placement of an open overhead canopy on the building located at 3000 South Broadway located over and in an existing public utility easement. There is a sanitary sewer main located in said easement. The easement and subject improvements are located on a part of Lot 1, Block 1, Menards South Subdivision. The Owner will install and maintain the new canopy at their own expense. The canopy shall be built as follows: The canopy shall not extend more than 72 feet from the building structure. The canopy shall be maintained at a minimum of 19 feet above the ground elevation adjacent to the building. At its discretion the City may determine the necessity to relocate the existing sanitary sewer. Owner would be responsible for relocation of the existing sanitary sewer and all expenses incurred for said relocation. Owner must dedicate a utility easement for the new location of the sanitary sewer. Staff has reviewed the request and would recommend in favor of granting a Revocable Permit. The Owner has executed a Revocable Permit which includes the standard language for revocation and liability protection for the City. COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the revocable permit with Menard, Inc. to allow the placement of an open overhead canopy over and in the public utility easement located on part of Lot 1, Block 1. Menards South Subdivision. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: U J 08/07/06 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: Public Works NO. ITEM DESCRIPTION: Owner Contract — Watermain & Hydrant(s) to Serve the Think PREPARED BY: Federal Credit Union (Lot 1, Block 1, Think Plaza)—J5212 )(M. Bakers, Staff would offer the following Owner Contract project for consideration by the Council: Think Federal Credit Union (Owner) & Fraser Construction, Inc. (Contractor) are requesting a City - Owner Contract J5212 consisting of "Watermain & Hydrant(s) to Serve the Think Federal Credit Union (Lot 1, Block 1, Think Plaza)". COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J5212, "Watermain & Hydrant(s) to Serve the Think Federal Credit Union (Lot 1, Block 1, Think Plaza)". COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING S1 DATE: 08/07/06 ,GENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA I Public V I t-N ITEM DESCRIPTION: Owner Contract— Public Improvements to Serve Northern PREPARED BY: Reserve — J5145 M. Baker Staff would offer the following Owner Contract project for consideration by the Council: Abbas Tabatabai, dba ABBCO Company (Owner & Contractor) is requesting a City -Owner Contract J5145 consisting of "Public Improvements to Serve Northern Reserve". = V 14 116101 COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J5145, "Public Improvements to Serve Northern Reserve". COUNCIL ACTION: Motion by: Second by. to: REQUEST FOR COUNCIL ACTION MEETING / DATE: 0 07 06 �,GENDA SECTION: ORIGINATING DEPT: ITEM NO.�-1 , CONSENT AGENDA Public Works ITEM DESCRIPTION: Owner Contract — Public Improvements to Serve Morris Hills PREPARED BY: Subdivision — J5172 ( M. Baker Staff would offer the following Owner Contract project for consideration by the Council: Morris Land Development LLC (Owner) & Elcor Construction, Inc. (Contractor) are requesting a City - Owner Contract J5172 consisting of "Public Improvements to Serve Moms Hills Subdivision". COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City ! Owner Contract for J5172, "Public Improvements to Serve Morris Hills Subdivision". COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING q,I/ DATE: 08/07/2006 1GENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA PUBLIC WORKS b IS ITEM DESCRIPTION: Award of Contract: (J4608) Construct new sidewalk on east PREPARED BY: side of 18th Ave SW �� R. Kelm , Quotes were received and opened after 11:00 a.m., on July28, 2006 for the following local improvement project: Project Name & Number City Project No: M5-46 (J4608) Construct new sidewalk on east side of 18th Ave SW from Sth St SW to TH 52 Project Background: The ROC 52 project included the extension of new sidewalk along the south side of 6th Street SW to a point west of the West Frontage Road. However, the sidewalk could not be extended to the end of the existing sidewalk at 61h Street / 18th Avenue because the area was outside the ROC 52 Project limits. This project will install a new sidewalk along the east side of 18th Avenue between 6rh and 8th Streets SW. The project estimated at less than $50,000 vas submitted for quotes to the following 4 Contractors. The following quotes were received: Bid Amount 1. Doyle Conner Co . ..... ....................... $38,708.92 2. Innovative Contractors, Inc ............... $ 47,242.50 3. Legends Concrete Inc . ....................... $ 47,780.80 4. Clark Concrete, Inc .............................$ No Bid Engineers Estimate ................................. $ 32,633.50 Project Recommendation: The Public Works Department recommends the City Council proceed with an award to the low bidder. COUNCIL ACTION REQUESTED: Adopt a resolution awarding the contract, (J6539) "Construct new sidewalk on east side of 18th Ave SW from 8th St SW to TH 52" to Doyle Conner Co. . COUNCIL ACTION: Mollon by Second by: to: REQUEST FOR COUNCIL ACTION MEETING 010) DATE: 08/0712 06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA PUBLIC WORKS Q-2 ITEM DESCRIPTION: Award of Contract: (J6539) Extend Storm Sewer 4409 Rossi Ct PREPARED BY: NW to Kings Run � R. Kelm Quotes were received and opened after 11:00 a.m., on June 26, 2006 for the following local improvement project: Proiect Name & Number City Project No: SWM-4-05...............(J6539) Extend Storm Sewer 4409 Rossi Ct NW to Kings Run Project Background: The existing storm sewer in Rossi Court NW discharges on a steep slope which has continued to erode across the DNR lands Douglas Trail. The city completed a design solution for the erosion agreeable to all parties and obtained a DNR permit to complete the work. The project estimated at less than $50,000 was submitted for quotes to the following 4 Contractors. Fredrich Construction submitted the low bid at $14,704.50. According to the plan, cost share for the base bid project will be funded from the Storm Water account, and by an agreement with the property owners for the private property alternate bid work in the amount of $1,222.00. The following quotes were received: Base Bid 1. Fredrich Construction 2. Blitz Construction ......., 3. Winona Mechanical...... 4. Swenke Co, Inc........... Engineers Estimate ........1. Inc . .............. $ 14,704.50 ..................... $ 18.286.20 ..................... $ 21,674.95 .....................$ 26,451.50 ..................... .$ 22,033.10 W'. 55S Alternate Bid 1,222.00 1,088.65 1,199.45 3,310.00 2,116.00 ��1 R088i C4URTRK, t,.��iz r Protect Recommendation: The Public Works Department recommends the City Council proceed with an award to the low bidder for the Base Bid and Alternate Bid. COUNCIL ACTION REQUESTED: Adopt a resolution awarding the contract, (J6539) "Extend Storm Sewer 4409 Rossi Ct NW to Kings Run "to Fredrich Construction Inc. COUNCIL ACTION: Motion by Second by: to: REQUEST FOR COUNCIL ACTION MEETIN DATE: 8171 6 GENDA SECTION: ORIGINATING DEPT: ITEM N . _ w CONSENT AGENDA Public Works ITEM DESCRIPTION. Real Estate — Purchase of Fire Station Site — 28 Street SE PR PARED BY: M. Nigbur i The City of Rochester has signed a Purchase Agreement with Williams Family Partnership to purchase up to 2.0 acres of property for construction of a new fire station to serve the southern portion of the City. The parcel is located approximately 1,000 feet east of the intersection of TH 63 and 28` Street SE. The City will pay $3.25 per square foot for this parcel (approximately $283,140.00). Unique obligations for the sale are as follows: • City and Seller shall share in the cost to extend 28' Street across the frontage of the Site. City shall pay for 50% of the construction cost for public road and public utility related improvements • Seller shall have executed a City Owner Contract and have completed the design for the roadway prior to closing of the property. • Seller shall execute an Environmental Disclosure Statement. • Seller shall provide the completed wetland delineation report and shall mitigate any wetlands on the Site to be conveyed prior to closing. • Seller agrees to execute a development agreement for the remainder of the property not purchased by the City prior to further development of the property. • City, at its option and cost, elevate the Site to a suitable elevation prior to or subsequent to closing on the property. In the event the City excavates material from a site selected by the Seller on Seller's property for use on the Fire Station Property, City shall pay the Seller $0.75 per cubic yard for granular material (as measured in place volume). City is not responsible for payment to owner for removal of overburden material from the Seller's site. • City is responsible for development charges including SAC, WAC, Storm & any TID that may be applicable. Funding for the purchase of this site will come from the future acquisition account. 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 municipalplan. elY T1� COUNCIL ACTION REQUESTED: 1. Authorize the purchase of the 2-acre site from Williams Family Partnership for construction of a new fire station. 2. Authorize the Mayor and City Clerk to execute the Purchase Agreement with Williams Family Partnership. Adopt, by a two-thirds vote, a second resolution finding that the proposed acquisition of real property has no relationship to the comprehensive municipal plan. j; bti ( U .-1 -� A,,' Fs—}, COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING 1' DATE: 8-7-06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING j ITEM DESCRIPTION: Amendment to the General Development Plan (GDP) #248, PREPARED BY: Southern Meadows John Harford. Senior Planner V July 31, 2006 1 NOTE: Continued item from 7/17/06 Council meeting. See attached memo and information addressing the issue of future access to adjacent lands. 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, 2005 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 (fo' bituminous path) along the entire frontage of Pinewood Road. b. The temporary and long term access across the controlled access for Pinewood Road SE, to the existing homes on Lot 15, Block '7 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: i Page 2 RCA August 3, 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 Chambers in the Government Center at 151 4th Street SE. p.m. on Monday August 7. 2006 in the Council/E 01_� 06 r, ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 C a U M T Y a v www.olmstedcounty.com/planning TO: ROCHESTER CITY COUNCIL FROM: JOHN HARFORD, SENIOR DATE: AUGUST 2, 2006 MAIN* 1, \� MINING RE: SOUTHERN MEADOWS GDP AND PLAT — STREET CONNECTIVITY On July 17, 2006 the City Council continued the GDP and preliminary plat hearing to allow staff and the applicant to provide additional information regarding public street access to parcels adjacent to the proposed Southern Meadows subdivision. The immediate question applying to this proposed subdivision is whether the a public street right of way should be extended to the south property line to allow for future access when development is proposed, or are there adequate alternatives that provide for access and neighborhood connectivity. Zoning Ordinance and Land Development Manual: Section 61.215(B, E) provides findings that address access for adjacent parcels. B. The proposed development, including its lot sizes, density, access and circulation, is compatible with the existing and✓or permissible future use of adjacent property. 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. The findings for land subdivision (61.225) include: C. 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. The Transportation planning staff provided information on the connectivity and access issue for the area surrounding this subdivision and the easterly portion of the Pinewood Road neighborhood and for this subdivision. A memo from Muhammad Khan was attached to the staff reports and included in the packet on July 171h applying the policies of the Transportation Plan on access and connectivity of the street system. The Now BUILDING CODE 507/285-8345 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 5071285-8224 PLANNING/ZONING 5071285-8232 • WELUSEP71C 507/285-8345 FAX 507/257-2275 AKI Gnl W nPPnaTI INITYIAFFIRMATIVF ACTION EMPLOYE recommendation of staff was to require that this development provide access to the parcels located south of the proposed development. The CPZC did not agree that there is a need for a connection between this development and lands to the south. New Information: Attached is a letter and information submitted by McGhie and Betts for the applicant. Also, the Public Works Department researched property records searching for recorded documents for the adjacent properties that address access. Josh Johnson of McGhie and Betts states that there is an agreement between private property owners (Vandal and Burkhard) that permits access from Pinewood Road to the Vandal property which does not abut Pinewood Road. Mr. Johnson indicates that the township has a road easement in this same location, but no records appear to exist, at least none have been recorded according to the Public Works Department. The Public Works Department found that there are agreements for road access recorded on several warranty deeds. However, the agreements are between private property owners and do not indicate a public easement or access right. Given this information staff can point to the following known and planned access points to this area: 1. A stub street exists in the Pinewood Ridge subdivision. 2. An existing right of way in Vandal's 0 subdivision to the east of this proposal. 3. A future collector street system is planned south of this subdivision connecting Pinewood Ridge Dr., SE and 361h Ave., SE. The Transportation Plan includes a section on road and bridge management guidelines (Chapter 4). Table 4-12 Spacing of Interchanges, Medians, Streets, and Driveways includes the guideline that local street connections on a Primary Collector (Pinewood Road) should be at least 330' apart. Pinewood Road between Pinewood Ridge Dr. and 361h Ave. has sufficient length that there are alternative local street access points that will meet the spacing guidelines of the Transportation Plan thus allowing for additional future local street access consistent with the plan guidelines. Attachment: Letter from McGhie and Betts dated 7/31/06 Transportation Plan — Functional Designation Map N m '�% } f » \ � � 2<Air\ | � � i V) / Rochester Minnesota Land Surveying Urban - Land Planning Consulting - Civil Engineering Geotechnical Engineering Construction Material Testing RECEIVED July 31, 2006 Mr. John Harford Rochester -Olmsted Planning Department 2122 Campus Drive SE Rochester, MN 55904 RE: Southern Meadows General Development Plan and Preliminary Plat Dear Mr. Harford, At the City Council meeting on July 17, 2006, the City Council raised concern that there is no other public access to the Vandel Property, which is south of the Southern Meadows Subdivision. I have been able to acquire a copy of an agreement for a road easement between Wilfred J. Vandal and Thomas J. Burkhard, which provides access to the Vandal property. The Burkhard property is located on the north side of the Vandal Property. (Please see attached map and easement agreement) Landscape Architecture As a part of the discussions for this project throughout the approval process, it has been stated by myself and also the applicant that there is a township road easement that runs from Pinewood Road SE to the south into the Burkhard property. On Monday July 24tb, 2006, I discussed this issue with Mr. Gerald Campbell, Supervisor on the Marion Township Board. Mr. Campbell confirmed for me that Marion Township still owns the Right -of -Way Easement. If you have any questions in regards this, please contact Mr. Campbell at 285-1619. With this connection, along with the public road connection from the Pineridge Development, there are two access locations to the Vandal Property, one of which is a direct connection to Pinewood Road SE. It is my understanding that this is the verification the City Council was asking for in deciding to continue the project to the August 7, 2006 City Council meeting. Please let me know if you need any further information or have any questions. Thank you. Yours very truly, McGhie & Betts, Inc Joshua J. Johnson, RLA, ASLA 1648 Third Avenue S.E. Attachment Rochester, MN 55904 Tel. 507.289.3919 Fax. 507.289.7333 e-mail. mbi@mcghiebetts.com 11 _ -- THOMPSON LAW OfFICE S07 2S2 2722 07J18l0S 10:1SPm P. 002 �w � L7 THOMPSON TITLE & ESCROW THOMPSON LAW OFFICE 2258 MARION ROAD SE ROCHESTER, MN 55904 JEFFREY EUGENE THOMPSON TELEPHONE: (507) 282-7307 FAx: (507) 28 CERTIFIED REAL PROPERTY - M1-0999 LAW SPECIALIST SINCE 1990 HOME: (507) 281-0999 October 2, 2003 RE: ROAD EASEMENT BETWEEN WILFRED J. VANDAL AND THOMAS J. BURKHARD TO WHOM IT MAY CONCERN: The undersigned resides at 3114 Pinewood Road S.E., Rochester, MN 55904. I purchased this property from Wilfred J. Vandal on or about April 17, 1969. Wilfred J. Vandal and I agreed to put in the existing sixty six (66) foot road, which runs from Pinewood Road to the Gary Vandal property. This Easement was never put in written form and recorded at that time. However, at this time I am willing to sign an Agreement memorializing this road easement to be recorded. Thomas J ✓Burkhard 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 P -?50 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 #04-43 by Tom Meilander, Perry and Jodi Kronebusch PINS: 63.17.32.036435; 63.17.32.051733 1 Neighborhood Assoc: None Council Ward 1 (Amy Blenker) 6toero6 I No 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, Roohester, NIN 55904, (507) 285-8232. ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 CO3,,,T, OF www.olmstedcounty.com/planning TO: City Planning and Zoning Commis ion FROM: John Harford, Senior Planner DATE: June 20, 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 34`h Ave SE and is legally described as Lots 54 and 58 Auditors Plat "E". Plannina Department Review: ApplicanVOwner: Tom Meilander 3900 55" St., NW Rochester, MN 55901 Perry and Jodi Kronebusch 3900 55" 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 34`n Ave. SE. The Plan proposes new public roads and 26 single family BUILDING CODE 5071285-8345 • GISIADDRESSINGIMAPPING 507/285-8232 • HOUSNG/HRA 507/285-8224 PLANNING20NING 507/285-8232 • WELVSEPTIC 5071285-8345 FAX 507/267-2275 CCC777 AN EOUAL OPPORTUMTY/AFFIRMATIVE ACTION EMPLOYER 1 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 34m 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 Page 3 Lb 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" 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. l Page 4 V 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 cut -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 L`1 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 cuf-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: This GDP shall be revised to identify the foflowing: • 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 cut -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 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 shalt be met via cash in lieu of land per the October20, 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 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. fy 1 / SMOUY3Y1 NH3HInOS o NFId LN3NdO'T3A30 WN3NM cr b > w 1 U <" w i� 3'S 3AV H11i£ 0sns 154I3 SIVONVA p' � gh� m 'eL NOIi I 1 l I/i l 9 5 CQ v3: u,�1 �LSS's t J /T NOLLd33X3 m'ec L 3.ccs+ias v°� fN O 0 O W + Z N H W O O w O W ~t H O O W < O� 9 JW O W C N < J O N O O « W W N Q T ° v� �m z z Rochester Minnesota Land Surveying Urban - Land Planning Consulting - Civil Engneerng Geotechnical Engineering Construction Material Testing Landscape Architecture U •1646 Third Avenue S.E. Rochester, MN 55904 Tel. 507.269.3919 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, hie., 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 from 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, � ME Joshua J. Johnson, ASLA RF rEINrEID PC Tom Meilander Perry and Jodi Kronebuscht l j _�E)3 Greg Hartman F -- -- ROCHE-�TER-CLM57ED e-mail. mbi@mcghiebetts.com Established 1946 11 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 s 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. 10 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 -for school buses, public transit and services such as mail and waste removal services. Strategy 2: Local street designs shouldprovide a high level o(pedestrian 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 Figure 1 STREETS ARE NOT IRTERCONNEO'rE33 9neae25es =11i Slilaa along pefinger raetls • Xios Iral[Wing, ftm horns A 40 0 hire m he driven s crreateB more corrlticts and crash polelruaL STREW ARE MTERCONINECTED �.y.�i... Strategy3: Development utilizing single traffic outlets, such as cul-de-sacs or closed loop i 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. r E T fi y h 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. a Remidelis haze shovel No acces3 attaifials Kids cell Yealk from home A to B 0 Kids caa walk or Me to school mote saitlyF r €asyec5ess taoeighborhood &Uxes i 1.47ope enctieor lot wow plartiag • €asici asess fat aarvgeiteyr 14ioWS i l,xrpr!;a=4, fnei9hbarho.d, t 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 4 K1,4 . DEPARTMENT OF PUBLIC WORKS 201 41° Street BE Room 108 TO: Consolidated Planning Department Rochester, MN 55904-3740 2122 Campus Drive SE 507-287a800 Rochester, MN 55904 FAX — 507-281-6216 FROM: Mark E. Baker 5. Peae... iAp fg-ilitip , of aY"" .1ed ...... id b8th Sides S f ell pUblieStf8et a o WitbCffi this dew,49pmeat, as wall as, 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. S. 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) 4 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 5/1/071 -o Substandard Street Reconstruction / TED, 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:Ooouments and Settings\piasfost\Local Settings\Temporary Internet F11es\OLK1 C\PP04-43 GDP248 Southern Meadows REVISED 6-06.doc e 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 2010 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#04-43 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 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 developers 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 rAl be addressed in the Development Agreement. C:\Documents and Settingslplasfost\Local Settings7emporary Intemet Fias101-1<1 C\PP04-43 GDP248 Southem Meadows REVISED 6-06.doc 0 The hand to reach for.. DAVID A. KAPLER Fire Chief DATE: June 21, 2006 TO: Jennifer Gamess, 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 #04-43 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: An adequate water supply shall be provided for fire protection including hydrants properly located and installed in accordance with the specifications of the Water Division. Hydrants shall be in place prior to commencing building construction. a) The minimum fire flow for this residential development area shall be no less than 1,000 gpm at 20 psi. 2. Streets and roadways shall be as provided in accordance with the fire code, RCO 31 and the Zoning Ordinance and Land Development Manual. Emergency vehicle access roadways shall be serviceable prior to and during building construction. a) Minimum street width shall not be less than 20 feet clear drivable width. b) Streets less than 32 feet in width shall be posted "No Parking" on one side of the street. Streets less than 26 feet in width shall be posed "No Parking" on both sides of the street. 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) N Rochester -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. we pledge, x�e dcl4vrr 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: I. 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 firm with these comments. Please contact us at 507-280-1500 if you have questions. Very truly yours, "44 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 Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 Vtk �V .F wt plydgr, wr dtlirt� 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. K Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 & Rn�reati.1o" Our l ODtt1 Year N0 --Z00 DATE: 6/5/2006 TO: Jennifer Garness Planning ROCHESTER PARK AND RECREATION DEPARTMENT MEMORANDUM 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 i 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 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 Ieaaliv 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: 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. Page 3 City Planning and Zoning Commission Minutes Hearing Date: June 28, 2006 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 Vandal property has three access options (Pinewood Ridge Subdivision, easement from Pinewood Road, and easement from 34t' 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. IVi[s Wiesner moved to recommend approval of Amerrdment to General Devefopment Plan 248fio lie known,as Southern Meadows by,TQrrt Meilander and Perryan� Job: Kronebusch wrth tF�e:staff-recomrne,n a findings and o.nditions iisted below_, Ms- Rivas seconded,fhe motion. The motion<carnetl 7;fl h 1�0o Page 4 City Planning and Zoning Commission Minutes Hearing Date: June 26, 2006 Page 5 City Planning and Zoning Commission Minutes Hearing Date: June 28, 2006 conditions, Ms. t. The the completion of the excavation activity. T l", awner-contract.process for this development owerer-contract, a separate surety will need to occur prfor'to an the REQUEST FOR COUNCIL ACTION MEETING � DATE: 8-7-06 ` AGENDA SECTION: ORIGINATING DEPT: ITEMJ,j;JO. 'UBLIC HEARINGS PLANNING `�� ITEM DESCRIPTION: Preliminary Plat #04-43 by Tom Meilander and Perry and Jodi Kronebusch to PREPARED BY: be known as Southern Meadows. The applicants propose to amend the Plat to eliminate roadway John Harford. connections between the two properties and also to eliminate a roadway connection to the abutting Senior Planner 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 34'" Ave SE and is legally described as Lots 54 and 58 Auditors Plat "E". August 3, 2006 / NOTE: Continued item from 7117/06 Council meeting. See attached memo and informatio addressing the issue of future access to adjacent lands. 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. 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: 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. 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 August 3, 2006 6. The temporary and long term access across the controlled access for Pinewood Road SE, to the existing homes on Lot 15, Block 'I and the "Exception" lot in the northwest corner of the site shall be addressed in 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 Uounai 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. The Council may approve, approve with conditions, or deny the preliminary plat. The Council must make findings based on the criteria listed in Paragraph 61.146 and 62.1105. 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, August 7, 2006 in the Council Chambers at the Rochester / Olmsted County Government Center. r _ ROCHESTER-OLMSTED PLAINWING DEPARTMENT 2122 Campus Drive SE, Sufte 100 • Rochester, MN 55904-4744 C p y H T, o f www.olmstedcounty.com/planning TO: City Planning and Zoning FROM: John Harford, Senior Plan DATE: June 21, 2006 RE: Amendment to General Development Plan #248 to be known as l►�m�7°%Iiii�! 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 Surveyor's/Engineers Report Attachments Plat Data: Tom Meilander 3900 5th St., NW Rochester, MN 55901 McGhie and Betts, Inc. 1648 3`' Ave., SE Rochester, MN 55904 Referral comments Location map Copy of preliminary plat SLA materials Letter from McGhie and Betts, Inc. BUILDING CODE 507/2B5-8345 • GIS/ADDRESSING/MAPPING 507/285-B232 - HOUSING/HRA 507/285-8224 swe.e.PLANNING/ZONING 50712B5-8232 • WELL/SEPTIC 507/285-B345 FAX 507/257-2275 (1?7 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 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 8, 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 Preliminary Plat #04-43 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 Plat #04-43 Substantial Land Alteration Southern Meadows June 23, 2006 a. Extend one of the two cul-da-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 to' 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 cut -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. 6. The temporary and tong term access across the controlled access for Pinewood Road SE, to the existing homes on Lot 15, Block 1 and "Exception" lot in the northwest corner of the site shall be addressed in the Development Agreement. Reminder to Applicant., Prior to construction, the property owner will need to execute a City I 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 Page 5 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 Suggested Findings: If the City Council approves the proposed substantial land alteration, staff recommends the following findings to Section 62.1105 and 61.146 of the Rochester Zoning Ordinance and Land Development Manual: 62.1105 11 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. 6) 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 1 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 Q Preliminary Plat #04-43 ` 1 Substantial Land Alteration 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 Fioodway 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 2 —,';60 ft. Notification Area of property located in the Pt SW 114 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 #04-43 by Tom Meilander, Perry and Jodi Kronebusch PlNs: 63.17.32.036435; 63.17.32.051733 Neighborhood Assoc: None Council Ward 1 (Amy Blenker) 6108/06 q flu Yo3ssrxlyr s s'.. I 4, g "� 4 s��r:�� 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. f t aens� -Sale 9ZVA t — — �Y 1 NOLL63DX tares, aa3cT'--i a.��'0a"+� f r , I, � f ! i i i / i � � • • awl / 3J1.fOLON � g{ � / � • m srnocuM NaRLnos o Ndld LN3VIdO-13A30 7VM3N30 u5 o V a mz C� a y � sz a x,. U y 3 's '3 A V H11 4 £ OBf15 1sHu S V NVA J w L � BL9 �O / 1R r( / `i ! � �� 1'�' it b,✓ ,l � ��w l� NOTLLd3aX3 do 41 oo• � a BS'BCZ i I I •� ! / e 2 3 a N N N Q � Lcl Se N N Z~ O W � Q on �w O Wov Wp W H � v O N O 0 W x or ~ qO Z Z Iu3 m7We e Betts, Inc. Rochester Minnesota Land Surveying Urban - land Planning Consulting - Civil Engineering Geotechnical Engineering Construction Material Testing May 31, 2006 Ms. Mitzi Baker Consolidated Planning Department 2122 SE Campus Drive Rochester, MN 55904 RECEIVED MAY 3 1 2006 ROCHESTER -O MSTED 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.1(d) where the out/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. Landscape Arclutecture 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 62.11050-151. 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. 1648 Third Avenue S.E. 2 The grading will be confined to the Southern Meadows site, and will not Rochester, MN 55904 unduly affect the use and enjoyment of adjacent properties. Tel. 507289.3919 Fax. 507.289.7333 e-mail. mbi@mcghiebetts.com ski May 31, 2006 Page 2 8. The grading activity will take place in two phases, each taking approximately 10 weeks to complete. There are homes in the immediate area that will be visually affected by the grading activity for only a short time during the grading process. 9. The grading plan will provide for proper restoration stabilization in accordance with the codes for the City of Rochester. 10. The grading will not result in negative impacts on the drainage patterns. The grading of the site is such that run-off is directed to appropriate locations in the street and handled through the proposed improvements to the City storm water system. 11. The area of grading does not contain sinkholes and will not affect the groundwater or the subsurface water quality once restoration and stabilization is completed. 12. The grading of the site will take place in two phases, each taking approximately 10 weeks to complete. This time frame is appropriate for the size and location of this activity. 13. Permanent and interim (during construction) erosion/sedimentation control will be provided for in the grading plan. The city will review and approve this city/owner contract. 14. A performance and payment bond is required for all work associated with the construction of the public improvements. This bond will be submitted with the city/owner contract. 15. This development will comply with the standards in the Land Development Manual and on file with Public Works. Yours very truly, MCGHIE & BETTS, INC. regory I. Bond, P.E. PC: Tom Mcilander Perry & Jodi Kronenbusch Greg Hartman RECEIV ED MAY 3 9 2006 ROCH ESTE R - C=_iI STEM PUBLIC HEARINGS REQUEST FOR COUNCIL ACTION MEETING Al DATE: 08-07-06 PLANNING ITEM DESCRIPTION: Annexation Petition #06-04 by Greg Wencl. The applicant is PREPARED BY: proposing to annex approximately 23.32 acres of land located along the west side of Theresa Fogarty, West Circle Drive (CSAH #22) and along the south side south of Country Club Road Senior Planner (County Road 34) in part of the West 1/2 of the Northwest Y4 of Section 4 and in part of the East 1/2 on the Northeast 1/4 of Section 5 of Rochester Township. August 1, 2006 City Planning and Zoning Commission Recommendation: The City Planning and Zoning Commission reviewed this annexation request on July 26, 2006. The Commission found that the property is adjacent to the City limits and services are presently available within the Main Level Water System area, which is currently available along the entire east side of the property. The City Planning and Zoning Commission recommended approval of this annexation request on July 26, 2006 as a Consent Agenda Item. Mr. McGuine made a motion to approve the consent agenda. Mr. Haeussinger seconded the motion. The motion carried 7-0. Planning Department Recommendation: See attached staff report, dated July 18, 2006. Minnesota Statutes now specify that the property taxes payable in the year an annexation is effective shall be paid to the Township. For the five years following the annexation, the City must make a cash payment to the Township equaling 90 70%, 50%, 30% and 10% of the Townships share of the taxes in the year the property was annexed. The Township Taxes due on this property are $258. Council Action Needed.- 1. Following the public hearing, if the Council wishes to proceed as petitioned, it should instruct the City Attorney to prepare an ordinance to be adopted and transmitted to the MN Department of Administration — Municipal Boundary Adjustments. The motion shall also include that all land included in this annexation be zoned "1- Interim" upon annexation. Attachments 1. Staff report, dated July 18, 2006. Distribution: 1. City Administrator 2� 2. City Clerk: Filing Fee Attached 3. City Attorney: Legal Description Attached 4. City Finance Director: Tax Information Attached 5. Planning Department File 6. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, August 7, 2006, in the Council Chambers at the Rochester / Olmsted County Government Center. COUNCIL ACTION: Motion by: second by to: 0 Y�7OMN N N /T r� ^ J II I- p II Q J m tn j s > 0 U U U 'L O f M u M a 178'0248" _ L-P 'I '2 0 in In �-Cod N_ cis __,6l'80g 8t, ti £6 W S mzq— to —0 p _ _ O U U N� .J N"' ` CO �0 o Ln O� ion a o,N a ce)cm U ❑ nts� co ; O C O OQ O 3 W yy d h N LO �. '• d N N N = M I a•� N a 358'50'45" 117o.53' rN ' CA gym, � T N O^ ^ 1 "* ^ m 1, aIn v o N co ak J tl F p II h 2 W U ' 0 U ,n N a o- 0Mn00 O a N i. nLm ion a"-nao C-4 N � m Q U U N� ^1n0 N M) N n / w ^ N Q 1 o J K J= cc UJ wo v afn � UU z c a I 359-28'S8" l CC `OM 1 4 I ^ f L J s �+a t.•o 359*28'5\r 1079.70' 1723.19' i 0 z 19 s5 s U W a U N N in rn v 4 � m ru^ IL - Z N z o 2 4 a Z EL LC) - f W w a o as o ❑ N ❑ a ix 0 0 'n Vf U I Notification Area of properties within and contiguous to proposed Annexation of 23.32 acres located in part of the NE 1/4 Sec 5 & NW 1/4 Sec 4 Rochester TWP Annexation #06-04 by Greg Wencl PINS: 64.04.22.050629; 64.05.11.050631 Neighborhood Assoc: None Council Ward: 2 (Marcia Marcoux) 6/30/06 City Limits t ) \ \ I I I I I I 1 1 / l 1 / .^. \ N Olmsted County is not responsible for ommissions or errors contained herein. If discrepancies are found within this map, please notify / 1 'A9 ROc.t3EST'ER-0LMSTED PLANNING DEPAKTMENT 2122 Campus Drive SE, Suite 1Do • Rochester, MN 55904-4744 COUNTY OF www.olmstedcounty.com/planning TO: City Planning and Zoning Commission FROM: Theresa Fogarty, Senior Planner DATE: July 18, 2006 ei�::r�sr<!•��nN� ��Nui�inilAa w�nrv�Ir���J ��II �tl�yli RE: Annexation Petition #06-04 by Greg Wencl. The applicant is proposing to annex approximately 23.32 acres of land located along the west side of West Circle Drive (CSAH #22) and along the south side south of Country Club Road (County Road 34) in part of the West 1/2 of the Northwest 1/4 of Section 4 and in part of the East 1/2 on the Northeast 1/4 of Section 5 of Rochester Township. CP&ZC Meeting Date: July 26, 2006 Pianninc7 Department Review: Applicants/Owners: Greg Wencl PO box 177 Medford, MN 55049 Architect/Engineer: GGG Engineering 14070 Hwy 52 North Chatfield, MN 55923 Existing Land Use: This property is currently the location of the Meadow Lakes a golf course. Existing Zoning: The property is zoned RC (Recreation Commercial) District on the Olmsted County zoning map. Future Zoning: The applicant proposes to file a zoning district amendment request to the R-3 (Medium Density Residential) district. It is recommended that this property be placed in the "I" Interim Zoning District until a petition to amend the zoning district to R-3 has been approved by the City Council. Land Use Plan: The property is designated for "low density residential" uses on the Rochester Urban Service Area Land Use Plan. The applicant proposes to file a land use amendment request to "medium density' residential. Adjacency to the Municipal The property is adjacent to the city limits along its southern, Limits: northern and eastern boundaries. BUILDING CODE 507/285-8345 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 5071285-8224 PLANNINCvZONING 5071285-8232 • WELL SEPTIC 507/285-8345 FAX 507/287-2275 AN EQUAL OPPORTUNITYIAFFIRMATIVE ACTION EMPLOYER Page 2 Annexation #06-04 1 Greg Wend July 18, 2006 Sewer & Water: This area is within the Main Level Water System Area, which is currently available along the entire east side of the property. Utilities: Pursuant to Minnesota Statutes 414.033 (subd. 13), a municipality must notify a petitioner that the cost of electric utility service may change if the land is annexed to the municipality. A notice has been provided to the applicant. Townboard Review: Minnesota State Statutes require that the Townboard members receive a written notice, by certified mail, 30 days prior to the public hearing. The City Council will hold a public hearing on this item on August 7, 2006. The City Clerk has sent the certified 30 day notice. Referral Comments: Report Attachments: Staff Recommendation: 1. Rochester Public Utilities — Water Division 1. Annexation Map 2. Location Map 3. Referral Comments (1 letter) This property is adjacent to the City limits and services are presently available within the Main Level Water System Area, which is currently available along the entire east side of the property. The Planning staff recommends that the City proceed to adopt an ordinance annexing the property according to Minnesota Statutes 414.033, Subdivision 2 (3). The City Planning and Zoning Commission recommendation shall include the City Zoning classification as "I" Interim. rpu x,e P!eayc, ar aearer July 3, 2006 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Annexation Petition #06-04 by Greg Wenci to annex 23.32 acres of land located west of West Circle Dr. SW & South of Country Club Rd.. Dear Ms. Gamess: Our review of the referenced petition is complete and our comments follow: 1. This area is within the Main Level Water System Area, which is currently available along the entire east side of the property. 2. We will work with the applicant's engineering firm to develop the necessary water system layout to serve this area. Please contact us at 507-280-1500 if you have questions. Very truly yours, ouL ".j4x Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention GGG Engineering Greg Wenci Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 REQUEST FOR COUNCIL ACTION 'UBLdC HEARINGS MEETING ,S 7 / DATE: 08-07-06 ITEM DESCRIPTION: Vacation Petition #06-07 by Timberland Partners II, LLC to PREPARED BY: vacate the blanket easement over all of Lots 1 and 2, Candlewood Subdivision Theresa Fogarty. and dedicate a 10' wide public utility easement over a part of Lot 2, Block 1, Senior Planner Candlewood Subdivision and a 20' wide public utility easement over a part of Lot 1 and Lot 2, Block 1. Candlewood Subdivision. The property is located east of 18th Avenue NW and north of 4151 Street NW. August 1, 2006 Planning Department Recommendation: See attached staff report dated August 1, 2006. Staff is recommending approval of the vacation request with the following recommendations: t. Any existing Qwest telephone owned facilities that need to be relocated shall be relocated at the expense of the applicant. 2. The applicant must dedicate a new utility easement for the utility easement relocation. 3. The applicant must not record the resolution of approval until such time as the applicant dedicates new utility easements for the existing utilities location. Council Action Needed: Following the hearing, if the Council wishes to proceed, it should instruct the City Attorney to prepare a resolution to approve the vacation petition as recommended by staff. Attachments: 1. Staff Report dated August 1, 2006. Distribution: 1. City Administrator 2. City Clerk 3. City Attorney: Copy of legal description is attached 4. Applicant: This item will be considered by the Council sometime after 7:00 p.m. on Monday, August 7, 2006, in the Council/Board Chambers at the Goverrlfinent Center, 151 4th Street SE. Y+�I -/- I COUNCIL ACTION: Motion by Second by: to: \e 200 ft. Notification Area of Lot 1 Block 1 Candlewood Subdivision a � r 3 Vacation #06-07 4 by Timbed and Partners II, LLC PIN: 75.32.11,034961 ,. °5s' Neighborhood Assoc: None Ward 6 (Sandra Means) gr 7/25106 43 ST NW S FRTG 37 ST RID NW i -T ¢ N Olmsted County is not responsible for ammissions 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. New easement to be dedicated UTILITY EASEMENT FOR SANITARY SEWER / PART OF LOTS 1 AND 2, BLOCK 1 1 CANDLEWOOD SUBDIVISION OLMSTED COUNTY, MINNESOTA 0 50 100 200 1- I SCALE IN FEET GARAGE E. LINE CANDLEWDOD SUED. T Ci J m E. LINE LOT 1 ise �'—• O v � xx t a rw 2 F 40 1 40 40 1 PROJECT NUMBER 9072 1 HEREBY CERTIFY THAT THIS SURVEY, PLAN OR ENGINEERS- ARCHITECTS 90%2Eoze5an.pwg DATE OF SURVEY 05/11 /05 REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS SURVEYORS • PLANNERSi LANDSCAPE ARCHITECTS OF THE STATE OF MINNESOTA. DRAFTED 8v MJH 717 THIRD AVE. S.E. SURVEYED BY YCA ROCHES646TER, MN FAX 58-6464 FAX 507-208-5058 PETER G. OETLIKER LICENSE EXPIRES 6130106 SURVEYED FOR C r 5 'I 7�J 41887 E-MAIL. INFO®YAG GY.COM COMMERCIAL PARTNERS TITLE DATE - NUMBER New easement to be dedicated WATER MAIN EASEMENT PART OF LOTS 1 AND 2, BLOCK 1 CANDLEWOOD SUBDIVISION OLMSTED COUNTY, MINNESOTA 0 50 100 200 E. LINE CANDLEWDOD SUBD. SCALE IN FEET — GARAGE BLDG. m J m 20' IfiLTIY EASEMENT w Q ti m m LINE LOT I 20' UTILITY EASEMENT a 40 40 J • • PROJECT NUMBER 9072 1 HEREBY CERTIFY THAT THIS SURVEY, PLAN OR ENGINEERS- ARCHITECTS eo;zCmewm.r.o.Q REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY SURVEYORS • PLANNERS DATE OF SURVEY D5/02/05 LICENSED LAND SURVEYOR UNDER THE LAWS LANDSCAPE ARCHITECTS OF THE STATE OF MtNNESOTA. DRAFTED By MJH 717 THIRD AVE. S.E. JA SURVEYED By YCA PETER G. OETUKER LICENSE EXPIRES 6/30/06 RO ROCHESTEHESTER, MN 507-288-6464 SURVEYED FOR 5 /t /n _ _ r ' FAX:IL:INF8-5058 / / [•(][j.7 4188] E-MAIL: INFO®YAGGYLOM COMMERCIAL PARTNERS TITLE DATE NUMBER III ELECTRIC EASEMENT . _ PART OF LOT 2, BLOCK 1 CANDLEWOOD SUBDIVISION V7 OLMSTED COUNTY, MINNESOTA 0 50 100 200 1 SCALE IN FEET GARAGE 0 M �c�1c 1d New easement to be dedicated E. BLDG. POINT 'A'- 0 M E. LINE CANDLEWOOD SUBD. BLDG. POINT 'B'- 40 1 40 z V I E f I I z m 0 1 i w I 1 _ J VI W W �I Ln T-- � o M 40 40 I IG 1 -^- 10EASEMENT z N w z APARTMENTS 3 K g � i J N y' a �m iF PROJECT NUMBER _ 9072 I HEREBY CERTIFY THAT THIS SURVEY, PLAN OR ENGINEERS' ARCHITECTS •mxco..Elaca.Q REPORT WAS PREPARED BY ME OR UNDER MY SUPERVISION AND THAT 1 AM A DULY - SURVEYORS • PLANNERS DATE OF SURVEY 05/11 /05 LICENSEDDIREC7 LAND SURVEYOR UNDER THE LAWS LANDSCAPE ARCHITECTS OF THE STATE OF NAINNESOTA. DRAFTED BY MJH /� ON•"'V1� Vi 717THIRD AVE. S.E. ROCHESTER, MN • SURVEYED BY YCA PETER C. OETLIKEgR EXPIRES 6/30/06 507-288-6464 'LICENSE FAXE-M: FAX:SOL2FOCY6 -288-5'YAGGY,GOM SURVEYED FOR A,,,. S /G�/ L�ITS 41867 COMMERCIAL PARTNERS TITLE DATE - NUMBER ROCHESTER-OLMSTED PLANNING DEPARTMENT oF,RocxEsrea..... / \ 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 .:' U� touxrr or www.olmstedcounty.comlplanning DRA TED•pOGll ST' TO: Rochester Common Council FROM: Theresa Fogarty, Senior Planner DATE: August 1, 2006 RE: Vacation Petition #06-07 by Timberland Partners II, LLC to vacate the blanket easement over all of Lots 1 and 2, Candiewood Subdivision and dedicate a 10' wide public utility easement over a part of Lot 2, Block 1, Candlewood Subdivision and a 20' wide public utility easement over a part of Lot 1 and Lot 2, Block 1. Candiewood Subdivision. The property is located east of 18rh Avenue NW and north of 415` Street NW. City Council Meeting Date: August 7, 2006 Planning Department Review: Petitioner: Timberland Partners It, LLC 8000 Norman Center Drive, 4830 Minneapolis, MN 55437 Architect / Engineer: Yaggy Colby Associates 717 Third Avenue SE Rochester, MN 55904 Reason to Vacate: The easement was originally dedicated over all of Lots 1 and 2, Candlewood Subdivision. Improvements of the property have been completed and the actual relocation of the easements has been established. Referral Comments: Ciwest Telephone Report Attachments: 1. Copy of Site Plan establishing new easements 2. Location Map Planning Staff Review and Recommendation: There were no objections received by the referral agencies, therefore staff recommends approval this vacation petition as requested with the following recommendation: 1. Any existing Owest telephone owned facilities that need to be relocated shall be relocated at the expense of the applicant. 2. The applicant must dedicate a new utility easement for the utility easement relocation. 3. The applicant must not record the resolution of approval until such time as the applicant dedicates new utility easements for the existing utilities location. BUILDING CODE 5071285-6345 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 507/285-8224 PLANNINGlZONtING 5071285-8232 • WELUSEPTIC 50712B5-8345 FAX 5071287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER REQUEST FOR COUNCIL ACTION MEETING 1 DATE: 08-07-06 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPT: PLANNING ITEM NO. 55 ITEM DESCRIPTION: Vacation Petition #06-09 by Dorothy Meisky to vacate the 3' PREPARED BY: wide easement along the north line of Lot 12, Block 2, Carroll's Addition. The Theresa Fogarty, property is located west of 7th Avenue NE and north of 141h Street NE. The Senior Planner property address is 647 NE 141h Avenue. August 1, 2006 Planning Department Recommendation: See attached staff report dated August 1, 2006. Staff is recommending approval of the vacation petition as requested vacating the 3' wide easement along the north line of Lot 12, Block 2, Carroll's Second Addition. Council Action Needed: 1. Following the hearing, if the Council wishes to proceed, it should instruct the City Attorney to prepare a resolution to approve the vacation petition as recommended by staff. Aaacnmenrs: 1. Staff Report dated August 1, 2006. Distribution: 1. City Administrator 2. City Clerk 3. City Attorney: Copy of legal description is attached 4. Applicant: This item will be considered by the Council sometime after 7:00 p.m. on Monday, August 7, 2006, in the Council/Board Chambers at the Government Center, 151 4th Street SE. COUNCIL ACTION: Motion by: second by to: MR � Z 1:11r O 0 0 Q, 0 O i 7— Z 0 C i J V) =n J J J Rai e dNt r i a a e q :eE W �2iS€ tlyg{s w @S x yykkE ce$C¢5p dda �%,`z.s5 YxP X O�« rg5 a e�� [6°ahe It a rrr or as .os .or ar .rs .os .rr h i i 8 Y zhA C % 0111 , tu( f ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 C U Y M 1 Y OF www.olmstedcounty.com/planning TO: Rochester Common Council FROM: Theresa Fogarty, Senior Planner IAe�erd��u��c�� _a�af�1�7/ fltr�lj;� DATE: August 1, 2006 RE: Vacation Petition #06-09 by Dorothy Meisky to vacate the 3' wide easement along the north line of Lot 12, Block 2, Carroll's Addition. The property is located west of 7th Avenue NE and north of 14111 Street NE. The property address is 647 NE 14`h Avenue. City Council Meeting Date: August 7, 2006 Planning Department Review: Petitioner: Dorothy Meisky 647 NE 141h Street Rochester, MN 55906 Reason to Vacate: A 3' easement along the north line was included when the property was platted. There are no utilities currently within the easement and the garage located on Lot 12, Block 2 is encroaching 1 1/2 feet into the easement. Referral Comments: No objections received by referral agencies Report Attachments: 1. Copy of Site / Location Map Planning Staff Review and Recommendation: There were no objections received by the referral agencies, therefore staff recommends approval of this vacation petition as requested vacating the 3' wide easement along the north line of Lot 12, Block 2, Carroll's Second Addition. BUILDING CODE 507/285-8345 - GIS/ADDRESSINGIMAPPING 507/285-B232 - HOUSING/HRA 5071285-8224 ..�...w. PLANNING/ZONING 507/285-B232 - WELUSEPTIC 5071285-8345 FAX 507/287-2275 �_ AN EQUAL 0PPOR7UNI7Y/AFFIRMA7IVE AC71ON EMPLOYER REQUEST FOR COUNCIL ACTION MEETING ki %) DATE: 08/07/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS Public Works ITEM DESCRIPTION: PROJECT HEARING: (J9707) Widening 19th St NW from CSAH 22 PREPARED BY: (West Circle Drive) to 2,500 ft West ( M. Nigbur o" This is a Request for Project Hearing for the following local street reconstruction improvement project: Project Name and Number 6219-4-00 (J9707) Widening 19th St NW from CSAH 22 (West Circle Drive) to 2,500 ft West Project Backaround 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 Westside Transportation Improvement District Charges (WSTID) and future Special Assessments for 6 parcels (2 of which are outside the city at this time). Assessments The City will conduct a Special Assessment Hearing at a later date for those properties benefited by the Project, unless those properties execute a Development Agreement which makes provisions for payment of their proportional share of the Project costs. COUNCIL ACTION REQUESTED: Adopt the resolution ordering the project to be made. COUNCIL ACTION: Motion by: second by: to: ` �V\ vV 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 19t° Street N.W. Feasibility Report We report the project is technically feasible and could be constructed in 2005. The Project to widen l9`s Street NW from CSAH 22 to 50 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 190 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 rural 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 19s' Street NW from West Circle Drive NW (CSAH 22) to Ashland Drive NW (Fox Trail Development) would consist of: 1. Removal of the substandard 24ane, 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. _ 2 _ JoLY 14, 2006 W / 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 19a' 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`s 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 Funding Distribution: This project will be funded by Municipal State Aid Funds (MSA) (25%) and Transportation Improvement District Charges (TID) (75%). -3- Funding Distribution: Feasibility Cost Municipal State Aid Funds (MSA $288,850.00 Tax Improvement District Charges TID $866,550.00 TOTAL 1 $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: Russ Kelm, Project Manager Approved: Richard W. Freese, PE City Engineer JuLY14,2006 J -4- juLY 14, 2006 Widening 19th St NW from CSAH 22 (West Circle Drive) to 2,500 R West '.`.J'I' )1JSCPS%.I IT(71\j9707\D;ign\D,w,,"PcuiLilin• Rcpn J97-071.1)0C REQUEST FOR COUNCIL ACTION MEETING DATE: \1Ja 08/7/06 AGENDA SECTION: ORIGINATING DEPT: ITET. REPORTS AND RECOMMENDATIONS Public Works � ITEM DESCRIPTION: AWARD OF CONTRACT: (J9707) PREPARED BY: 19th Street NW from Ashland Drive NW to CSAH 22 (West Circle Drive) 1� R. Kelm 0, Bids were received and opened after 11:00 a.m., July 12, 2006 for the following local improvement. Project Name and Number: 19 Street NW from Ashland Drive NW to CSAH 22 (West Circle Drive) State Project: 159-122-008 City Project: 6219-4-00 (J9707) Project 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 19'h street from CSAH 22 to 601h 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 Engineers Estimate $ 1,104,742.25 ..— ..__�.� �y ' Y� A n Proiect Location Project 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) 19`h Street NWpm Ashland Drive NW to CSAH 22 (West Circle Drive) to Rochester Sand & Gravel. � y� i; Pr COUNCIL ACTION: Motontiy Second by. to: REQUEST FOR COUNCIL ACTION A SECTION: ORIGINATING DEPT: REPORTS AND RECOMMENDATIONS I ADMINISTRATION ITEM DESCRIPTION. GRAHAM ARENA IV FUNDING PROPOSAL MEETING 11 I DATE: 8/7/06 1 ITENO. S. KVENVOLD The City Council has previously formally indicated their approval for the City of Rochester to provide an annual appropriation of $75,000 for 12 years to assist in the funding required to finance the proposed Graham Arena IV facility. The construction bids for the proposed Graham IV facility were higher than anticipated, resulting in a request to increase the City's share of the funding to $100,000 per year for 15 years. The additional funding would increase the City's total funding obligation from $900,000 to $1,500,000. If approved by the Mayor/Council, the annual Capital Improvements allocation for the Graham Arena complex would be increased by $100,000. Approximately $10,000 per year has previously been appropriated for the Graham Arena CIP account. The additional funding requirement for Graham Arena should not be financed by reducing the funding for other CIP needs. COUNCIL ACTION REQUESTED: Request a motion authorizing the Mayor and City Clerk to execute an agreement with Olmsted County on the provision of funding for such facility. 1Y •4 4+� I COUNCIL ACTION: Motion by: second by: to: TO: FROM: DATE: SUBJECT: ROCHESTER PARK AND RECREATION DEPARTMENT 201— 4TH STREET SE - ROOM 150 ROCHESTER, MINNESOTA 55904 (507) 281-6i6o FAX: (50 7) 281-6165 WEBSITE: WWW.ROCHESTERMN.GOV MEMORANDUM Stevan E. Kvenvold, City Administrator Roy Sutherland, Superintendent August 1, 20o6 Graham Complex Funding The Graham Arena projects have all set a standard for public/private partnerships. The original building, built in 1968, Graham East and Graham North all used the public/private partnership model to build the required infrastructure. The newest Graham project is another example of this model and will complete the arena complex at the Fairgrounds. The original Graham Arena was constructed in 1968 and set the standard by which many park projects have been completed over the last 40 years. The partners in the original building included Olmsted County which contributed $229,000 towards the construction of the building, the City of Rochester paid $30,000, and Youth Hockey contributed another $9o,000 to build Rochester's first ice arena. Graham East was built in 1993 at a cost of just over $1 million. Partners in this project included $154,000 from Olmsted County, $ioo,000 from the City of Rochester, and $771,000 from RYHA and other private sources. Graham North was built in 1997 at a cost of $1.6 million. The partners in this project included $225,000 from Olmsted County, $225,000 from the City of Rochester, $250,000 from the Mighty Ducks Task Force, $325,000 from an ice surcharge to the schools, and $575,000 from RYHA. The new project is a $9.5 million project. $6.5 million of this is the actual construction costs The proposed funding sources for this project include $1.5 million from the City and County $930,000 an ice surcharge to the high schools, and a $5.550 million contribution from RYHA. Page 2 of 2 The key in all of the construction that has occurred as part of the ice arenas at the Fairgrounds has been the partnerships that were created to make this happen. The Rochester Youth Hockey Association should be commended for stepping up to the plate and showing the rest of the community how these projects can happen when partnerships are created. Our biggest concern related to this project from day one was the desire of RYHA for year round ice. We did not believe that the demand at this time was there for a year round operation. We are pleased that RYHA has recognized this and for now are looking for a more limited ice operation. Enclosed for your review is a copy of the Graham Arena operations account from 1996 through 2004. It shows the operational loss or gain that occurred at the arenas. Our goal is to operate the Graham Complex at least a break even point. This goal has been met on average over the last nine years. The construction of the new arena will not change this philosophy. It should be noted that the City and the County are responsible for any operational loss. In the past, when a profit has occurred, that money has been transferred to the Graham Arena CIP Account. The Graham Arena CIP Account is another example of the ability of partnerships to get things done. Enclosed for your review is a list of CIP projects that have been completed at the Graham Complex and a list of the funding sources. The most exciting aspect of the new proposed ice arena is the creation of one fully connected complex. The ability to enter a common lobby and then access one of four arenas is very positive for the operation of the complex. The Graham Complex will be the largest exhibit hall in outstate Minnesota. We believe that the new Graham Complex with common bathrooms, common concessions and the common lobby will allow us to meet the ice needs for years to come and more importantly will help us create many new events in the off season. The off season revenue that is generated at the Graham Complex plays a vital role in self operating this facility. At the present time, this accounts for approximately 22% of the revenue. We believe the completion of the new ice arena will increase our ability to host non -ice events throughout the spring, summer and fall. The proposed $100,000 per year funding request to the City of Rochester represents approximately a $2.0o tax on houses valued at $200,000. For a long time, the Department has had the philosophy that when organizations wanted a project completed and were willing to step up to the plate and fund a significant portion of the project that we would somehow find the money to get the job done. Time after time, the Rochester Youth Hockey Association has stepped up to the plate and delivered on what they said they would do. C) P , 't CC O O CD h N N O O N M 1� coN Cl) N r/ J� h ID O' CD m m Lh O � U-) 0 m I P') I O N CO nm NcN+)r co N M r r e- CD L] It N p W Co0mr0 N 7 COD LCO CO' CO { L- M r r M N MC7 of Or 011 ' r r It L° O '' 14, CD CDpp. N 1— 7�NNCOD N . M r r M m LO ri Ln r "t Lo W p COD mC~7r co O CO L N to N� Ni N N 7 11 C w3 Cl)' r r M .M O 'O D V m M OQ QCL _ X Cf O coON 00 V In c U) W.0 07 V N Nr0 7 2r ° C E in aa) M rC�NNO N cc CU M r r Cl) d CL CD 0 m N CD O M a L C d co M V co N M� N 1 Q G E C co co m r m co 0) �-m 'll W O MOO1°t` N N O M r N co M 0 Q w L M r r N ram+ CO Q1 N ci R} co r 0 CD N m r CD d ^ ti N N r N N C=j CA LA ti� O M W N r (n CD m N N N CD N r N �f Om mN CO M co LO 0) 0 co CO CD O r r (D O M CD r m W m r N r r r N cn N CA (U C ` N C0.1 U 00, o a O N E oV O a��L° c 0m a) 3 s ° a) a o cl)m Co o' O O C6 (A Q co w r d _m v °� co c — c- Eo�w =E z o' L- a) O Q W U 2i O a 0 U It W CO Graham Arena Complex — CIP Prozram By agreement (City/County Management Agreement) capital improvements at the Graham Complex shall be shared equally by the City of Rochester and Olmsted County. Each governmental unit has its own Graham CIP account. Major capital projects are usually split three ways with Rochester Youth Hockey becoming a partner sharing 1/3 of the project costs. Other partners over the years have included Kiwanis Wells Fargo Hockey Festival, Gold Rush Antique Shows, and D & R Star. Major projects that have been completed over the past few years include; 0 2004 — Renovated the bathrooms in the Graham West locker rooms. $80,000 project, with the City, RYHA, and Olmsted County each paying $26,700. • 2004 — Replaced the rubber matting in the West Arena, paid for by the Kiwanis Wells Fargo Hockey Festival $18,000 • 2003 — Replaced entrance matting and carpet runners in Graham West. Paid for by RYHA, City and County. $6,600. 0 2002 — Installed new glass in Graham East. Paid for by RYHA and the Mae Jacobs Memorial Fund. $5,200. • 2002 — Replaced spectator heating in Graham West. Paid for by RYHA and the Kiwanis Wells Fargo Hockey Festival. $6,500. 0 2002 — Rebuilt the penalty boxes in all three arenas. Paid for by RYHA. $6,000 • 2001— Installed new bleacher seating in Graham East. Paid for by City, County, RYHA and Kiwanis Hockey Festival. $30,000 0 2001— Replace 4 furnace units in Graham West. Paid for by City and County. $45,000 • 2001 - Replaced the doors in Graham West. Paid for by RYHA. $13,000 • 2001 — Bleacher railing renovation in Graham West. $15,000 paid for by City and County. 0 2000 — Added a 500 sq foot addition to the Graham West locker rooms. Paid for by Kiwanis Wells Fargo Hockey Festival and local donations. $60,000 • 2000 — Upgraded the sound systems in all three arenas. Paid for by City, County, RYHA, Kiwanis Wells Fargo Hockey Festival and D & R Star. $25,000. Graham Arena IV Funding Agreement January, 2006.xls #1 Proposed Arena Project Costs $5,300,000 Bond Issue Costs 100,000 Total $5,400,000 Rochester Youth Hockey Donation 1,000,000 Bond Issue Amount $ 4,400,000 Interest Rate 4.4%, Term 15 Years, semi-annual payments=annual payments $403,807 Youth Olmsted City of ISD 535/ Annual Year Hockev C;c)unty Rochester Lourdes Payments Down $ 1,000,000 $ 1,000,000 Payment 1 $ 213,807 $ 75,000 $ 75,000 $ 40,000 $ 403,807 2 $ 213,807 $ 75,000 $ 75,000 $ 40,00D $ 403,807 3 $ 213,807 $ 75,000 $ 75,000 $ 40,000 $ 403,807 1 4 $ 213,807 $ 75,00D $ 75,DD0 $ 40,000 $ 403,807 5 $ 213,807 $ 75,000 $ 75,000 $ 40,000 $ 403,807 6 $ 213,807 $ 75,000 $ 75,000 $ 40,000 $ 403,807 7 $ 213,807 $ 75,000 $ 75,000 $ 40,DOD $ 403,807 8 $ 213,807 $ 75,00D $ 75,000 $ 40,000 $ 403,807 9 $ 213,807 $ 75,000 $ 75,000 $ 40,000 $ 403,807 10 $ 213,807 $ 75,000 $ 75,000 $ 40,000 $ 403,807 11 $ 213,807 $ 75,000 $ 75,000 $ 40,000 $ 403,807 12 $ 213,807 $ 75,000 $ 75,000 $ 40,000 $ 403,807 13 $ 363,806 $ - $ - $ 40,000 $ 403,806 14 $ 363,806 $ - $ - $ 40,000 $ 403,806 15 $ 363,806 $ - $ - $ 40,0D0 $ 403,806 Total $ 4,657,102 $ 900,000 $ 900,0D0 $ 600,000 $ 7,057,102 Percent 66.0% 12.8% 12.8% 8.5% 100.0% 6/2/2006 Graham Arena IV Funding Agreement January, 2006.xis Impact of 61, Interest Rate and increase in proiect costs #25 Proposed Arena Project Costs $6,463,725 Donations and other funding ($364,600) Naming Rights $0 Olmsted County $0 City of Rochester $0 Rochester Youth Hockey Donation $ (1,OOO,D00) Additional Youth Hockey Donation $ (200,000) Total $4,899,125 Bond Issue Costs $ 122,478 Bond Issue Face Amount $5,021,603 Round to $ 5,022,ODD Interest Rate 6.0%, Term 18 Years, semi-annual payments=annual payments Pay off early at $460 052 per vear $460,052 Youth Olmsted City of ISD 535/ Annual Year Hockey Coun Rochester Lourdes Payments Down Payment $ 1.200,000 $ - $ - $ 1,200,000 1 $ 210,052 $ 100,O00 $ 100,000 $ 50,D00 $ 460,052 2 $ 210,052 $ 100,000 $ 100,000 $ 50,000 $ 460,052 3 $ 210,052 $ 100,000 $ 100;000 $ 50;OOO $ 460;052 4 $ 210,052 $ 100,000 $ 100,000 $ 50,000 $ 460,052 5 $ 210,052 $ 100,000 $ 100,000 $ 50,000 $ 460,052 6 $ 210,052 $ 100,000 $ 100,000 $ 50,000 $ 460,052 7 $ 210,052 $ 100,000 $ 1D0,D00 $ 5D,000 $ 460,052 B $ 210,052 $ 1OD,D00 $ 100,000 $ 50,000 $ 460,052 9 $ 210,052 $ 10O,OD0 $ 100,000 $ 50,000 $ 460,052 10 $ 210,052 $ 100,000 $ 100,00D $ 50,000 $ 460,052 11 $ 21D,052 $ 100,000 $ 1DO, DOD $ 50,000 $ 460,052 12 $ 210,052 $ 100,000 $ 1Do, ODO $ 50,000 $ 460,052 13 $ 210,052 $ 100,O00 $ 100,00D $ 50,O00 $ 460,052 14 $ 210,052 $ 100,000 $ 100,000 $ 50,ODO $ 460,052 15 $ 210,052 $ 100,0D0 $ 100,000 $ 50,000 $ 460,052 16 $ 400,052 $ 60,O00 $ 460,052 17 $ 400,052 $ 60,ODO $ 460,052 18 $ 400,052 $ 60,000 $ 460,052 19 20 Total $ - $ 5,550,936 $ 1,5DO,000 $ 1,500,000 $ 930,000 $ 9,480,936 Percent 58.5% 15.8% 15.8% 9.8% 100.0% 7/11 J2005 M1 Graham Arena IV Project Cost Estimate July 13, 2006 Contractor Base Bid $5,659,000 Alternate #2 Landscaping 7,800 Alternate #3 Concession Area 16,500 Alternate #5 Arena Seating 36,000 Alternate #7 Electrical Drop Cords 45,000 $ 105.3 Contractor Base Bid and Alternates $5,764,300 Project Estimated Costs $ 312,000 Design Fees Misc. Construction Costs 19,475 (Permits, Inspections, Testing, Borings, Plant Investment Fees) Survey/Legal/Bid Fees 15 000 County Forces Work Cost 70,000 5% Construction Contingency 2$ 82,950 $ 699,42 Subtotal Total Project Cost $6,463,725 Funds Available for Project Rochester Youth Hockey Donation $1,000,000 Graham Park Capital Improvement Fund ($341,777 Balance Available) 6767,000 a. Graham Arena West Sprinkler System ,000 1 b. Geothermal System 00 7,45,800 c. Landscaping (Alternate #2) d. Electrical Drop Cords (Alternate #7) Graham Arena Capital Improvement Fund ($115,318 Balance Available) 36,000 a. Arena Seating (Alternate #5) 25,000 Concession Area Donation 33,800 RPU Geothermal Energy Grant Sub Total $1,364,600 $ 200,000 RYHA -0- Olmsted County _0_ City of Rochester Naming Rights to Arena Complex (Estimate) 0_ Balance 4,899,125 Discount on Bond Issue (1%) 48,991 Issuance Cost Bond Issue (1.5%) 73,4 Bond Issue Face Amount $ 5;021,603 Round to $5,022,000 T:W WDATAIADMIMGraham PamGmham Arena IV Cost Estimate 7 13 06a.doc REQUEST FOR COUNCIL ACTION REPORTS AND RECOMMENDATIONS ITEM DESCRIPTION: SOUND AMPLIFICA ORIGINATING DEPT: CITY CLERK TS MEETING `1i J DATE: 08/07/06 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. WAIVE MAXIMUM ALLOWABLE SOUND PRESSURE TILL 10:30 Team Rochester and New Wine Fellowship 2006 7 h Avenue NE Rochester, MN 55906 Wayside Park —Church Band and Picnic 08/12/06 3:30 PM to 8:30 PM Olmsted County Historical Society Educational Event 1195 West Circle Drive SW Rochester, MN 55902 Civil War Encampment 09/20-09/22 9:00 AM to 3:00 PM Elk's Lodge #1091 Patio Party 917 15`b Avenue SE Rochester, MN 55904 BBQ and Dance 08/18/06 6:00 PM to 10:00 PM Greek Orthodox Church Greek Festival 703 West Center Street Rochester, MN 55902 Food and Dancing 08/25- 08/27 11:00 AM to 8:00 PM Olmsted Medical's Strife For Fitness Run 210 9t' Street SE Rochester, MN 55901 Fitness Run 09/16/06 7:00 AM to 11:00 AM Interfaith Hospitality Network 811 7' Street NW Rochester, MN 55906 Cardboard City Event -In Soldier's Field Park 10/21-10/22 8:00 AM to 8:00 AM COUNCIL ACTION: Motion by second by: to: / SOUND AMPLIFICATION REQUESTS PAGE 2 August 7TH, 2006 MAXIMUM ALLOWABLE SOUND PRESSURE LEVEL NO MORE THAN 85 DECIBELS Westfire Grille 2043 Superior Drive NW Rochester, MN 55901 Outdoor Concert 09/02/06 6:30 PM to 11:00 PM Rochester Track Club % Marathon 1418 Woodview Lane SW Rochester, MN 55902 Run Starts at Holiday Inn Express 08/26/06 8:00 AM to 10:30 PM Holiday Inn South 1630 South Broadway Rochester, MN 55904 Parking Lot Parry 08/25/06 7:00 PM to 12:00 PM COUNCIL ACTION REQUESTED A motion to approve the sound amplification permits as presented. t +� J REQUEST FOR COUNCIL ACTION :SOLUTIONS AND ORDINANCES ITEM DESCRIPTION: RESOLUTIONS AND ORDINANCES . 1. CITY ATTORNEYS OFFICE G. 2. FIRST READING OF ORDINANCES, as appropriate. G. 3. SECOND READING OF ORDINANCES (for adoption). MEETING DATE:8/7/06 v ITEM NO. G D BY: ADKINS u_n � a) An Ordinance Rezoning 12.04 Acres Of Land From The R-2 Zoning District To The R-1 Zoning District, �j And Amending Ordinance No. 2785, Known As The Zoning Ordinance And Land Development Manual Of The City Of Rochester, Minnesota. Said property is located North of Valleyhigh Drive NW and West of West Circle Drive NW. G.4. MISCELLANEOUS COUNCIL ACTION: Motion by: Second by: to: ADDITIONAL INFORMATION FOR ITEM F-3 AUGUST 7, 2006 AGENDA Stevan Kvenvold_._—S Gary Neumann Terry Spaeth Terry Adkins Richard Freese APPLICATION # 3 of � cJ -7 PERMIT # "7 COUNCIL DATE: DATE RECEIVED RECEIPT NUMBER AMOUNT PAID APPLICATION FOR SOUND AMPLIFICATION PERMIT DATE OF APPLICATION: bb APPLICATION TO BE SUBMITTED AT LEAST 30 DAYS IN ADVANCE OF EVENT TO: CITY CLERK'S OFFICE, 201 4'" ST. SE, ROCIIESTER, MN. 55904 APPLICANT INFORMATION NAME OF APPLICANT RESPONSIBLE PARTY: HOME ADDRESS: ,;Z QO DATE OF BIRTH: C-_ (MIDDLE) HOME TELEPHONE NUMBER: -4$[7 -1 q � t CELL PHONE NUMBER: NAME OF ORGANIZATION (_} t=6r�e.P ADDR%ESn mot. —rt.. Ar%. NC'— �.,.- Q�„'�_ 1n„ k an i TELEPHONE NUMBER: CONTACT PERSON INFORMATION CONTACT PERSON DURING EVENT: HOME ADDRESS: enn 4 u„ yp (FIRST) (MIDDLE) (LAST) DATE OF BIRTH: r= U e 11't 00.Y o ft C-� VV 4L cnn`tmcrt' TELEPHONE NUMBER: CELL PHONE NU ER:t 5677 3 S $ 64 3 � EVENT INFORMATION PURPOSE OF EVENT: DATE(S) OF EVENT: LOCATION OF SPECIAL EVENT: DESCRIPTION OF ENTERTAINMENT TO BE PROVIDED: DAY(S) OF WEEK: 7_ . ( YQ 1F ldlff ��LS Y1 - V >urs�i'r��L!`cCavn�S� �o� �iGE� - Jt�o con�S1- a`�I�IJe�Y-P� fad' 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 LA_3 p C n r i'1 i START TIME: END TIME: =� D1T9 �etnl�E C�Cfa�✓ 50'jv.a�Sc�S�Ccw. "fiactr�Trail�r pmr� QC U'oSS �1n �ar ks'fd� -�e'ce near �,ario►� �o( iot"tk 6ac-k- ',n � ood CQ�r.oQicS�CZS i�tS i Cr�7LGts "paC n9V16Lr, oy\ 124 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)) 3. Jvry r aa! r l J M.aw l� r r l GJ i/C\ J 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. VW r� i 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. 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 w7th 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. 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. PARK DEPARTMENT: COMMENTS. POLICE DEPARTMENT. COMMENTS. FOR ADMINISTRATION USE ONLY (SIGNATURE) (SIGNATURE) FIRE DEPARTMENT: COMMENTS: PLANNING DEPARTMENT: COMMENTS: (SIGNATURE) (SIGNATURE) CITY CLERKAPPROVAL: DATE: RIGHTS OF SUBJECTS OF GOVERNMENT DATA 'TENNESSEN W.4RNING' In accordance with the Minnesota Government Data Practices Act, the City of rochester is required to inform you ofyour rights as theypertain to the information collected about you Public information is that information which is available to the general public; Private information is that information which is available to you, not to the public: and confidential information is that information which is not available to you or the public. The information we collect from you is either public or private. The separation of that information is as follows: PUBLIC - NAMEAND ADDRESS OFAPPLICANTM PRIVATE - ALL OTHER INFORMATION COLLECTED AT THE TIME OF APPLICATION; ALL INFORMATIONBECOMESPUBLICAFTERR APPROVAL OFTBEAPPLICATTON The information collected and required from you is to determine your eligibilityfor a City of Rochester regulatory license. Ifyou do not supply the required information, the City of rochester will not be able to determine your eligilibility. The dissemination and use of the private data we collect is limited to that necessary for the administration and management ofregulatory licenses. Persons or agencies with whom this information may be shared include: CTTYAND COUNTYPERSONNEL INVOLVED INDETERJOVEVG YOUR ELIGIBHUT . CITY COUNCIL MEMBERS TO APPROVE THEAPPLICr17I0N, CONTRACTED PUBLICAVDPTORSAND THOSEVWIVIDUALS TO WHOM YOU GIVE YOUR EXPRESS wRITTENPERMISSTON. Unless otherwise authorized by state statute or federal law, other government agencies utilizing the reported private data must also treat the information private. You may with to exercise your rights as contained in the Minnesota Government Data Practices Act. These rights include. THE RIGHT TO SEE AND OBTAIN COPIES OF THE DATA MAINTAINED ON YOU. THE RIGHT TO BE TOLD THE CONTENTS AND ME4IVING OF THE DATA. THE RIGBT TO CONTEST THE A CCUR44 CY AND COMPLETENESS OF THE DATA. To exercise these rights, contact the City Clerk's Office, Boom]35, City Halle Rochester, Mn. 55904 ################################################################### I HAVE READ AND UNDERSTAND THEABOVE RWORMATTONAEGARD17VG MYRIGBTSASA SUBJECT OF GOVERNMENT DATA. RS I acd c (Signature of Data Subject) Mille Copy - city Clerk's Qfflce Buff Copy -Applicant RIGHTS OF SUBJECTS OF GOVERNMENT DATA "TENNESSEN WARNING" In accordance with the Minnesota Government Data Practices .Act, the City of rochester is required to inform you of your rights as they pertain to the information collected about you. Public information is that information which is available to the general public; Private information is that information which is available to you, not to the public: and confidential information is that information which is not available to you or the public. The information we collect from you is either public or private. The separation of that information is as follows: PUBLIC - NAME AND ADDRESS OF APPLICANT(S) PRIVATE - ALL OTHER INFORMATION COLLECTED AT THE TIME OF APPLICATION; ALL INFORMATION BECOMES PUBLIC AFTER APPROVAL OF THE APPLICATION The information collected and required from you is to determine your eligibilityfor a City of Rochester regulatory license. If you do not supply the required information, the City of rochester will not be able to determine your eligilibility. The dissemination and use of the private data we collect is limited to that necessary for the administration and management of regulatory licenses. Persons or agencies with whom this information may be shared include: CITY AND COUNTY PERSONNEL INVOLVED IN DETERMINING YOUR ELIGIBILITY, CITY COUNCIL MEMBERS TO APPROVE THE APPLICATION, CONTRACTED PUBLIC A UDITORS AND THOSE INDIVIDUALS TO WHOM YOU GIVE YOUR EXPRESS WRITTENPERMISSION. Unless otherwise authorized by state statute or federal law, other government agencies utilizing the reported private data must also treat the information private. You may wish to exercise your rights as contained in the Minnesota Government Data Practices Act. These rights include: . THE RIGHT TO SEE AND OBTAIN COPIES OF THE DATA MAINTAINED ON YOU. THE RIGHT TO BE TOLD THE CONTENTS AND MEANING OF THE DATA. THE RIGHT TO CONTEST THE ACCURACYAND COMPLETENESS OF THE DATA. To exercise these rights, contact the City Clerk's Office, Room135, City Hall, Rochester, Mn. 55904 I HAVE READ AND UNDERSTAND THE ABOVE INFORMATION REGARDING MY RIGHTS AS A SUBJECT OF GOVERNMENT DATA. _ lie -- , - 2 1,2�s (Signature of Data Subject) ( te) White Copy - city Clerk's Office Buff Copy - Applicant APPLICATION #01 PERMIT # Q COUNCIL DATE: — (D DATE RECEIVED —7— 90 "OLD RECEIPT NUMBER CO —)a-7 9 AMOUNT PAID 4 a E2- '0C APPLICATION FOR SOUND AMPLIFICATION PERMIT DATE OF APPLICATION: 7 / 11 / 06 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 OR ORGANIZATION: Olmsted County Historical Society ADDRESS: 1195 W Circle Dr SW TELEPHONE NUMBER: 507-282-9447 CN�l�lli7:C�5►1�1►(�JS17ef 71 CONTACT PERSON INFORMATION CONTACT PERSON DURING EVENT: Cheryl Finnegan TELEPHONE NUMBER: 507-282-9447 CELL PHONE NUMBER: EVENT INFORIALATION PURPOSE OF EVENT: Educational Event for Elementary and Middle School Students DATE(S) OF EVENT: September 20, 21, 22 LOCATION OF SPECIAL EVENT: xis DAY(S) OF WEEK: Wed, Thurs, Fr Center Museum and Grounds, 1195 W C DESCRIPTION OF ENTERTAINMENT TO BE PROVIDED: Educational Demonstrations, Cultural performances Civil War Encampment MAXIMUM NUMBER OF PEOPLE WHO WILL BE PERMITTED TO BE IN ATTENDANCE ON ANY PARTICULAR DAY 1200 HOW WILL ATTENDANCE BE LIMITED TO THE NUMBER OF PEOPLE INDICATED Teachers must register classes in advance with numbers of students START TIME: 9 am END TIME: 3 pm 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)) Staff is connected to the front desk by walkie talkie and cell phone for emergencies. We rent a dumpster for garbage disposal and provide adequate trash cans on site. We rent 8 portable restrooms and washstand facilities from Act bring their own lunches and eat them in a designated area. We rent a canopy to supplement our picnic shelter. Lunch times are staggered so that the lunch area is not too crowded Tents are certified fireproof. Teachers are respongihte for their student's medical needs. Attendants direct buses and cars to parking spaces. Classes arescheduledinto the demonstrations that they will attend. Demonstrations occur on T I EN SST TE v NT FRONT THE �ifil}P OI�POEfCL OR . Wig 3Hi S IVISIGNEE STATING 3. ATTACH A WRI 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 PRORTY OWNERS. 7�,(s is AI) 14NA.04,9( eUe�J1� C2iO vsf �e�ctis[�-�ei+n�, N1p o ,e,-d lei 58 ti(A R 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 IfNecessarv) The level of noise from speakers in the one performance tent is limited to the area of the tent The Civil War demonstratnrc shunt weapons rh h1ank n! n towards the hillside The mire Aisr ry Center ruwnds are separated from ne_iehbors. 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. 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: FIRE DEPARTMENT: COMMENTS: FOR ADMINISTRATION USE ONLY (SIGNATURE) (SIGNATURE) PLANNING DEPARTMENT: COMMENTS: TURF) CITY CLERKAPPROVAL: DATE: I.j PLICATION # 3 a PERMIT # COUNCIL DATE: $ 1-n(y DATE RECEIVED % LapRECEIPT NUMB R _ 0,04,310 AMOUNT PAID 4 ; S APPLICATION FOR SOUND AMPLIFICATIONPERMIT DATE OF APPLICATION: ? APPLICATION TO BE SUBMITTED AT LEAST 30 DAYS IN ADVANCE OF EVENT TO: CITY CLERK'S OFFICE, 201 4T"H ST. SE, ROCHESTER, MN. 55904 APPLICANT INFORMATION NAME OF APPLICANPRESPONSIBLE PARTY: (FIRST) (MIDDLE) HOME ADDRESS: DATE OF BIRTH: 5 -(7-5�zl p HOME TELEPHONE NUMBER CELL PHONE NUMBER: NAME OF ORGANIZATION: ADDRESS: q 7 / 57ZI��,� SL TELEPHONE NUMBER:Fi�/� CONTACT PERSON DURING EVENT: HOME ADDRESS: S%ci DATE OF BIRTH: TELEPHONE NUMBER: 5 )% CELL PHONE NUMBER: R VENT TNFTTRM A TTAN DESCRIPTION OF ENTERTAINMENT TO BE PROVIDED: •' • Ile N','Or?MUM NUMBER OF PEOPLE WHO WILL BE PERMITTED y _/' TO BE IN ATTENDANCE ON ANY PARTICULAR DAY /7 (/ HOW WILL ATTENDANCE BE LIMITED TO THE NUMBER OF PEOPLE INDICATED 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)) 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. APPLICA'TT 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. .� Signature opkpplicant 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. PARS DEPARTMENT: COMMENTS. POLICE DEPARTMENT.• COMMENTS. FOR ADMINISTRATION USE ONLY (SIGNATURE) (SIGNATURE) FIRE DEPARTMENT: COMMENTS: PLANNING DEPARTMENT: COMMENTS: (SIGNATURE) (SIGNATURE) CITY CLERKAPPROVAL: DATE: RIGHTS OF SUBJECTS OF GOVERNMENT DATA "TENNESSEN WARNING" In accordance with the Minnesota Government Data Practices Act, the City of rochester is required to inform you of your rights as they pertain to the information collected about you. Public information is that information which is available to the general public; Private information is that information which is available to you, not to the public: and confidential information is that information which is not available to you or the public. The information we collect from you is either public or private. The separation of that informdtion is as follows: PUBLIC - NAME AND ADDRESS OF APPLICANT(S) PRIVATE -ALL OTHER INFORMATION COLLECTED AT THE TIME OF APPLICATION, ALL INFORMATION BECOMES PUBLIC AFTER APPROVAL OF THE APPLICATION The information collected and required from you is to determine your eligibility for a City of Rochester regulatory license. If you do not supply the required information, the City of rochester will not be able to determine your eligilibility. The dissemination and use of the private data we collect is limited to that necessary for the administration and management of regulatory licenses. Persons or agencies with whom this information may be shared include: CITY AND CO UNTY PERSONNEL INVOLVED 17V DETERMINING YOUR ELIGIBILITY, CITY COUNCIL MEMBERS TO APPROVE THE APPLICATION, CONTRACTED PUBLIC A UDITORS AND THOSE INDIVIDUALS TO WHOM YOU GIVE YOUR EXPRESS R'RITTENPERMISSION. Unless otherwise authorized by state statute or federal law, other government agencies utilizing the reported private data must also treat the information private. You may wish to exercise your rights as contained in the Minnesota Government Data Practices Act. These rights include: . THE RIGHT TO SEE AND OBTAIN COPIES OF THE DATA MAINTAINED ON YOU. THE RIGHT TO BE TOLD THE CONTENTS AND MEANING OF THE DATA. THE RIGHT TO CONTEST THE ACCURACY AND COMPLETENESS OF THE DATA. To exercise these rights, contact the City Clerk's Office, Room135, City Hall, Rochester, Mn. 55904 ******************************************************************* I HAVE READ AND UNDERSTAND THE ABOVE INFORMATION REGARDING MY RIGHTS AS A SUBJECT OF GOVERNMENT DATA. (Signature o Da at Subject) (ate) White Copy - city Clerk's Office Buff Copy - Applicant APPLICATION #J a� D PERMIT # COUNCIL DATE: DCo DATE RECEIVED - I RECEIPT NUMBER �} �— AMOUNT PAID APPLICATION FOR SOUA'D AMPLIFICATIONPERMIT DATE OF APPLICATION: & ' 0 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: j✓qm ES - IJ16 ttaw e j f� j S- // (FIRST) (MIDDLE) (LAST)/ HOME ADDRESS: jjj'ge`i DATE OF BIRTH: HOME TELEPHONE NUMBER: 7 C�- CELL PHONE /NUMBER: 1 2) (a / -76 74/ NAME OF ORGANIZATION:V /j0 /i/�i� KutA Y �9/j71�1/(� j ADDRESS: 70 3 ld�; I my Si '� i z zJ �x ,,,✓ f TELEPHONE NUMBER: &707 CONTACT PERSON INFORMATION CONTACT PERSON DURING EVENT: /-u-o or /' y % C4-i7' Z I•C j S �2(FIRS IDD ) (LAS HOME ADDRESS: 7-/ �� J% ' r-e A/iVm T✓' Z y/ �/ (��, / DATE OF BIRTH: TELEPHONE NUMBER: S� 7 " S 3 6 7 )5 --?- CELL PHONE NUMBER: �� �� % (`2 5 r _ EVENT (INFORMATION PURPOSE OF EVENT: ) Y1 i ✓ �/5 - DATE(S) OF EVENT: F.Lg)� -n� % DAY(S) OF WEEK: LOCATION OF SPECIAL EVENT: /a 3 the DESCRIPTION OF ENTERTAINMENT TO BE PROVIDED: 'Cb4jzmb5- MAXIMUM NUMBER OF PEOPLE WHO WILL BE PERMITTED s ; TO BE IN ATTENDANCE ON ANY PARTICULAR DAY u`✓� >^ j HOW WILL ATTENDANCE BE LIMITED TO THE NUMBER OF PEOPLE INDICATED ��— START TIME: s/� f END TIME: Q 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)) a.,vicA!�-, qu, `sue 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) t uk < , c. cj(t r'j � �`C� 1 z P� T'1 Lj,, `? � tti 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. L vvv/ ) SiAnature of ADDlican 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) FIRE DEPARTMENT: COMMENTS: PLANNING DEPARTMENT: COMMENTS: (SIGNATURE) (SIGNATURE) CITY CLER%APPROVAL: DATE: RIGHTS OF SUBJECTS OF GO VERNMENT DATA 7ENNESSEN WARNING" In accordance with the Minnesota Government Data Practices Act, the City of rochester is required to inform you of your rights as they pertain to the information collected about you Public information is that information which is available to the general public; Private information is that information which is available to you, not to the public: and confidential information is that information which is not available to you or the public. The information we collectfrom you is either public or private. The separation of that information is as follows; PUBLIC - N4MEAND ADDRESS OFAPPLICANT(S) PRIVATE - ALL OTHER I7VFORM477ON COLLECTED AT THE TIME OF APPLICATION; ALLEVFORMATIONBECOALESPUBLICAFTER APPROVAL OFTBEAPPLICATTON The information collected and required from you is to determine your eligibility for a City of Rochester regulatory license. If you do not supply the required information, the City of rochester will not be able to determine your eligilibitity. The dissemination and use of the private data we collect is limited to that necessary for the administration and management of regulatory licenses Persons or agencies with whom this information may be shared include: QTYAND COUN77PERSONAM INVOLVED INDETER&MVING YOUR EUGIBLEI77 CITY COUNCIL MEMBERS TOAPPR0VE T NEAPPMCAT7ON, CONTRACTED PUBLICA UDITORS AND THOSE INDIVIDUALS TO WHOM YOU GIVE YOUR AXPRESS MUTT NPERMISSION. Unless otherwise authorized by state statute or federal law, other government agencies utilizing the reported private data must also treat the information private. You may wish to exercise your rights as contained in the Minnesota Government Data Practices Act These rights include: THE RIGHT TOSEE AND OBTAIN COPIES OF TIIEDATA MAINTAINED ON YOU. THE RIGHT TO BE TOLD THE CONTENTSAND MEANING OF THE DATA. THE RIGHT TO CONTEST THE ACCURACYAND COMPLETENESS OFTHE DATA. To exercise these rights, contact the City Clerk's Office, Rooml35, City Halj Rochester, Mn. 55904 IHAVERE4DAND UNDERSTAND YHEABOVEINFORMATIONREGARDING MYRIGHTSASA SUBJECT OF GOVERNMENTDATA. (Date) White Copy - city Clerk's Office /o L Buff Copy -Applicant RIGHTS OF SUBJECTS OF GOVERNMENT DATA "TENNESSEN WARNING" In accordance with the Minnesota Government Data Practices .Act, the City of rochester is required to inform you of your rights as they pertain to the information collected about you. Public information is that information which is available to the general public; Private information is that information which is available to you, not to the public: and confidential information is that information which is not available to you or the public. The information we collect from you is either public or private. The separation of that information is as follows: PUBLIC - NAME AND ADDRESS OF APPLICANT(S) PRIVATE -ALL OTHER INFORMATION COLLECTED AT THE TIME OF APPLICATION; ALL INFORMATION BECOMES PUBLIC AFTER APPROVAL OF THE APPLICATION The information collected and required from you is to determine your eligibility for a City of Rochester regulatory license. If you do not supply the required information, the City of rochester will not be able to determine your eligilibility. The dissemination and use of the private data we collect is limited to that necessary for the administration and management of regulatory licenses. Persons or agencies with whom this information may be shared include: CITY AND COUNTYPERSONNEL INVOLVED IN DETERMINING YOUR ELIGIBILITY, CITY COUNCIL MEMBERS TO APPROVE THE APPLICATION, CONTRACTED PUBLIC AUDITORS AND THOSE INDIVIDUALS TO WHOM YOU GIVE YOUR EXPRESS R'RITTENPERMISSION. Unless otherwise authorized by state statute or federal law, other government agencies utilizing the reported private data must also treat the information private. You may wish to exercise your rights as contained in the Minnesota Government Data Practices Act. These rights include: . THE RIGHT TO SEE AND OBTAIN COPIES OF THE DATA MAINTAINED ON YOU. THE RIGHT TO BE TOLD THE CONTENTS AND MEANING OF THE DATA. THE RIGHT TO CONTEST THE ACCURACY AND COMPLETENESS OF THE DATA. To exercise these rights, contact the City Clerk's Office, Room135, City Hall, Rochester, Mm 55904 I HAVE READ AND UNDERSTAND THE ABOVE INFORMATION REGARDING MY RIGHTS AS A SUBJECT OF GOVERNMENT DATA. - /X/ of Data Subject) White Copy - city Clerk's Office (Date) Buff Copy - Applicant APPLICATION # �5 P. % 5 1 PERMIT #_ % S COUNCIL DATE: $- ._ 0la DATE RECEIVED�,5 D to RECEIPT NUMBER AMOUNT PAID �5 APPLICATION FOR SOUND AMPLIFICATION PERMIT DATE OF APPLICATION: - A'i f 0(o APPLICATION TO BE SUBMITTED AT LEAST 30 DAYS IN ADVANCE OF EVENT TO: CITY CLERK'S OFFICE, 201 4' ST. SE, ROCHESTER, MN. 55904 APPLICANT INFORMATION NAME OF APPLICANT/RESPONSIBLE PARTY: tom- Flit G f �q (MIDDLE) (LAST) HOME ADDRESS: 71b 6'',� AVi ti(J SSgol DATE OF BIRTH: (a f t L f l y 53 HOME TELEPHONE NUMBER: jU? - 266- 5041 CELL PHONE NUMBER: 5o7 - l 51 - 755l NAME OF ORGANIZATION: Ui d ISZ£� MO1c42, UU TE2 ADDRESS: I 1�ftll 5T Si TELEPHONE NUMBER: b--I- � b 3'2-16?3 CONTACT PERSON INFORMATION CONTACT PERSON DURING EVENT: HOME ADDRESS: DATE OF BIRTH: l Z. (LAST) TELEPHONE NUMBER: j U7 - 2 + (" D'i ( CELL PHONE NUMBER: 50 7- `j J ( - i S PURPOSE OF EVENT: �5 GK EVENT INFORMATION -% YSIGZ brof,55 DATE(S) OF EVENT: 5I / c, LO , DAY(S) OF WEEK: _ 5 j Tu:2A.g y 9,41 - rt2 I IWL LOCATION OF SPECIAL EVENT: OLMg-N-O ,r U [C4t- Cq4 TEC i 95Pl Z.Ft DESCRIPTION OF ENTERTARIMENT TO BE PROVIDED: _ TAJA oLtti Ci - TRT c f' cSl� i U� fL 2^s-tk s Aw (� �I tL gwrtn s a)u",. JY 11� 3rr �5 b Ifcza�� H s 1 Z MAXIMUM NUMBER OF PEOPLE WHO WILL BE PERMITTED TO BE IN ATTENDANCE ON ANY PARTICULAR DAY HOW WILL ATTENDANCE BE LIMITED TO THE NUMBER OF PEOPLE INDICATED START TIME: 4,GL tAA-) o.I T-A A /f 4 ( 6 1m t 7,U 0 21-6�— (S' I S A-k END TIME: I I AOA ATTACH A SKETCH, SITE PLAN, STAGE PLOT OR OTHER DESCRIPTION OF THE LAND AND PREMISES TO BE USED FOR THE EVENT FOR WHICH THE PERMIT IS SOUGHT. BE SPECIFIC AS TO THE PLACEMENT OF SOUND SYSTEM SPEAKERS AND THE DIRCTION THE SOUND WILL TRAVEL. 2. PROVIDE A DESCRIPTION OF THE FACILITIES AND ARRANGEMENTS TO BE IMPLEMENTED FOR THE HANDLING OF FOOD, MEDICAL NEEDS, SANITATION, FIRE SERVICES, GARBAGE DISPOSAL, AND SECURITY INCLUDING CROWD CONTROL AND TRAFFIC CONTROL. (Use Additional Sheet If Necessary)) IWoa itovtau To AFfev- A C A r AT f"1w.rr Aook aF OvYl w- WANt 5'I®i'S : .I,-) F4,arr yr 0MC. 110SPIM cep 4m$'IAtti S£ hew aNtveK51'trcfuru STD Puiclac, co IT U) 13Y OMC i joSA T-t , /jj L.-rt&j4,10E Si[4tfp Aw L,.Wv_ Sf4,h I,0fattrE{R - fiaE 54LtmCE6 , w mr, Hbsn1r4l p4u'P(,Ary-ratAccn Ay a4C fjb6Pjtlt fiat W <EFUUr`( I 'Uvt" Cw'Vwl,/ : IZ1tf. Vot'4P'TUAS YA41ijC. C,w(1vL; IZu_ 5IQjS) TOi );r—C'jpEs Ci ofy or �lCf' 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) la too o y5um 7o ac usf-p 6 N&TWL 34t(, r1a4tJ (Rvt, k P-60iOs(Ck TM(K CCK6) , 5x&M 5Y'MOK IAS£. To -D-wT SKI. foie- /- 0 /#Jb 3-MILE. G4144. �xirO 5Y51EPA WILL BE. POWTO -Cju.0,a a,4,t5z4.oMe,6j6V_ Crwr[SA, f-F iTAg- PAA14-tc LUT NO Ni TLw, CouEGL vifo P0.14. Au).*o C'tit. mojjY ; axwj J 5Y5 rcm TitwAkA 0..gm6 µ(hi tot. cw-r I ito5PaT/ &Iuo-r- (wti6u AtUT-fit' (t� OtmirQ MfAic'M c4,fffc �sRSuti�£Lj. 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, V 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. 7 c 71Lg10(, Signaliire of 4plicant 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: POLICE DEPARTMENT: COMMENTS: FIRE DEPARTMENT: COMMENTS: PLANNING DEPARTMENT: COMMENTS: (SIGNATURE) TURF) CITY CLER%APPROVAL: DATE: RIGHTS OF SUBJECTS OF GOVERNMENT DATA "TENNESSEN WARNING" In accordance with the Minnesota Government Data Practices Act, the City of rochester is required to inform you of your rights as they pertain to the information collected about you. Public information is that information which is available to the general public; Private information is that information which is available to you, not to the public: and confidential information is that information which is not available to you or the public. The information we collect from you is either public or private. The separation of that information is as follows: PUBLIC - NAME AND ADDRESS OF APPLICANT(S) PRIVATE - ALL OTHER INFORMATION COLLECTED AT THE TIME OF APPLICATION; ALL INFORMATION BECOMES PUBLIC AFTER APPROVAL OF THE APPLICATION The information collected and required from you is to determine your eligibility for a City of Rochester regulatory license. If you do not supply the required information, the City of rochester will not be able to determine your eligilibility. The dissemination and use of the private data we collect is limited to that necessary for the administration and management of regulatory licenses. Persons or agencies with whom this information may be shared include: CITY AND COUNTYPERSONNEL INVOLVED INDETEAMINIIVG YOUR ELIGIBILITY, CITY COUNCIL MEMBERS TO APPROVE THE APPLICATION, CONTRACTED PUBLIC AUDITORS AND THOSE INDIVIDUALS TO WHOM YOU GIVE YOUR EXPRESS WRITTEN PERMISSION. Unless otherwise authorized by state statute or federal law, other government agencies utilizing the reported private data must also treat the information private. You may wish to exercise your rights as contained in the Minnesota Government Data Practices Act. These rights include: . THE RIGHT TO SEE AND OBTAIN COPIES OF THE DATA MAINTAINED ON YOU. THE RIGHT TO BE TOLD THE CONTENTS AND MEANING OF THE DATA. THE RIGHT TO CONTEST THE ACCURACY AND COMPLETENESS OF THE DATA. To exercise these rights, contact the City Clerk's Office, Room135, City Hall, Rochester, Mn. 55904 I HAVE READ AND UNDERSTAND THE ABOVE INFORMATION REGARDING MY RIGHTS AS A SUBJECT OF GOVERNMENT DATA. Data Subject) White Copy - city Clerk's Ojfce 241 (0% (Date) Buff Copy - Applicant 7L +]em451H Ja]sayooy 3S 180JIS zhg —Je]uap ainod k,SJan,un m aJE� o HSINI=i Ssaullj o GNtl anuan m lkitll5 4191 J0j applS lelldsOH o102i JaluaO lealpeW lSwlO 3S WAS ydb 6 Fiunao ]sea pH melq e681100 SC �' STRIDE FOR FITNESS 716 Eighth Avenue NW Rochester, MN 55901 'V31tY3� ~I w J i? r MA (Y3u�j c+]3N' a4v+'L a`#La yod hi tsvramnn I I.V�1 Q�r4S � 7�"k'tti �'�3SVl V v 'a'- 3s Z33TJ S Y 4 h fvV)d 311 fl)13� 00 CD n>14 0 el 0. F�C� O rr"k 1 N _ �T 'POW p 1 r� oPW r; LLAML — c 3 r z�•=. 1 .u"` �'.. " _ w /,-.""„dam y.,. M x �'C>147 24th Annual STRIDE FOR FITNESS . Saturday, September 16, 2006 5K Run 10K Run 3K Walk 8:00 AM 8:15 AM 8:20 AM Location: Olmsted Medical Center Hospital, 1650 Fourth Street SE, Rochester, MN; 507.529.6610 REGISTRATION: Please note two registration options: 1) Preregistration (before 5:OOPM on 9/14/2006) and 2) Day of even on -site registration (begins 7AM; follow signs to day -of -race registration at the hospital conference room: A and B). Parking: Parking is available in the lot to the south of the hospital. (Do not park in north parking lot which is the Emergency Room Parking Lot). Course: 5K loop on blacktop. Map on reverse side. USATF certified. Sponsors: Olmsted Medical Center and Rochester Track Club. Race Director: Greg Hagen • 716 Eighth Avenue NW, Rochester, MN 55901 a 507.287.2788 • gthagen@earthlink.net. Entry Fees: 5K & 10K $15.00. All participants receive a long-sleeved T-shirt. Early registration will improve your chance of receiving a T-shirt on the day of the race. 3K No entry fee. $10 for T-shirt. Awards: 10K Male/Female: 1st - 3rd overall; 1st - 3rd in each age group. Age Groups: 19 & Under, 20-29, 30-39, 40-49, 50-59, 60-69, 70 and over. 5K Male/Female: 1 st - 3rd overall; 1 st - 3rd in each age group. Age Groups: 17 & under, 18-29, 30-39, 40-49, 50-59, 60-69, 70 and over. Complete Results: Rochester Track Club • www.rochestertrackelub.com or www.MyVira.com. Special Thanks: Custom Printing, US Foodservice. (or register online at: www.MyVimcom) Registration Form (Please Print) Detach and mail to: Stride for Fitness; Administration/Olmsted Medical Center Hospital; 1650 Fourth Street SE; Rochester, MN 55904 Name Address City _ Phone Date of Birth State Zip Adult T-shirt size: (circle one) S M L XL XXL ❑ 10K ❑ 5K ❑ 3K ❑ Male ❑ Female I know that running a road race is a potentially havardous activity, which could cause injury or death. I should not enter and run unless I am medically able and properly trained, and by my signature, I certify that I am medically able to perform this event, am in good health, and am properly trained. I agree to abide by any decision of a race official to deny or suspend my participation for any reason whatsoever. I assume all risks associated with running in this event, including but not limited to: falls, contact with other participants, the effects of the weather including high heat and/or humidity, traffic, and the conditions of the road, all such risks being known and appreciated by me. I understand that bicycles, skateboards, baby joggers, roller skates or blades, animals, and radio headsets are not allowed in the race, and I will abide by this guideline. Having read this waiver and knowing these facts and in consideration of your accepting my entry, I, for myself and anyone entitled to act on my behalf, waive and release the Rochester Track Club, Olmsted Medical Center, the City of Rochester, the County of Olmsted, and all sponsors, their representatives and successors from all claims or liabilities of any kind arising out of my participation in this event, even though that liability may arise out of negligence or carelessness on the part of the persons named in this waiver. 6 Make checks payable to: Stride for Fitness Preregistration deadline: 5:00 PM September 14, 2006 Signature (parent or guardian if under 18) APPLICATION # PERMIT # `7 to COUNCIL DATE: DATERECEIVED oIE5 O RECEIPT NUMBER AMOUNT PAID $ 15 APPLICATION FOR SOUND AMPLIFICATION PERMIT DATE OF APPLICATION: 2661L 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 APPPLLICANT OR ORGANIZATION: ADDRESS: p )1 ' ' SW1 + N TELEPHONE NUMBER: 5�7 - Z E I - 31 Z Z CELL PHONE NUMBER: 9/ - 2,:r6 - Z /(:� i CONTACT PERSON INFORMATION CONTACT PERSON DURING EVENT: �--/!�(P,-%n-e, Max- Keep TELEPHONE NUMBER: -v%' Za I - 312, Z CELL PHONE NUMBER:,2%' 2 Sa - Z 4% -7 PURPOSE OF EVENT: DATE(S) OF EVENT: D Cr AD -2 I , ZOOS DAY(S) OF WEEK: P-eI 4 m +tz, 3 #- I LOCATION OF SPECIAL EVENT: DESCRIPTION OF ENTERTAINMENT 21 sa;JaAUv -1 irm BE PROVIDED: 7 (JCfJIlS 1�r , C /7✓1, 71I X oct 19,J MAXIMUM NUMBER OF PEOPLE WHO WILL BE PERMITTED TO BE IN ATTENDANCE ON ANY PARTICULAR DAY 9SD HOW WILL ATTENDANCE BE LIMITED TO THE NUMBER OF PEOPLE INDICATED VUP_ w I (L Y ILIV START TIME: �7 AI r' 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 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) 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. L 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. X--) Signature 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. PARK DEPARTMENT: COMMENTS: POLICE DEPARTMENT: COMMENTS: FIRE DEPARTMENT. COMMENTS: FOR ADMINISTRATION USE ONLY (SIGNATURE) (SIGNATURE) PLANNING DEPARTMENT: COMMENTS: CITY CLERK APPROVAL: 4 i I APPLICATION# 3 A75(n PERMIT # '1 COUNCIL DATE: DATE RECEIVED 7 RECEIPT NUMBER AMOUNT PAID APPLICATION FOR SOUND AMPLIFICATIONPERMIT DATE OF APPLICATION: 7-,97^-C4e APPLICATION TO BE SUBMITTED AT LEAST 30 DAYS IN ADVANCE OF EVENT TO: CTPY CLERK'S OFFICE, 201 4"' ST. SE, ROCHESTER, MN. 55904 APPLICANT INFORMATION NAME OF APPLICANT/RESPONSIBLE PARTY: C" (MIDDLE) D HOME ADDRESS: folL'i iy� AVE sk-o 2C,(HESj?7!ILtN ?G_'� DATE OF BIRTH: Ceti -&L - i j-? b HOME TELEPHONE NUMBER: ( S 0-1 S �i'S5� Sr CELL PHONE NUMBER: ( �:0T) aZC' -1 13S NAME OF ORGANIZATION: (.HUN rZKC dbO. WCS! aE EjefLLZ- ADDRESS: C CAI{ S Su-pai Gp_ is�- /jw P-O c f-PEr-TT� , &kAj TELEPHONE NUMBER: (5D-7) Lldq 339g CONTACT PERSON INFORMATION CONTACT PERSON DURING EVENT: 4 ` O HOME ADDRESS: DATE OF BIRTH: 03 -J �1 - 1 cl % 1 Q TELEPHONE NUMBER: ( 7 S ( I IDDLE CELL PHONE NUMBER: ( SD? ) 37 9 a ftl 3 EVENT INFORMATION PURPOSE OF EVENT: cwTDC}C�p- LC NCt DATE(S) OF EVENT: y • A DAY(S) OF WEEK: SA-f LOCATION OF SPECIAL EVENT: WCST-FIa& GFR( LLC G'17 9S �;WCRJ 0l2 J)2 &;W t2oc HE"c r - DESCRIPTION OF ENTERTAINMENT TO BE PROVIDED: J'arvIV49V n1-lttN3d .n?1V-L-2N;�W Y 9AL-- -11!ftl�"!? INIa13Hov. ''O`NI urs� ANy 'Q3/1I3--X� — I-L^i 39 Q1. U.Ngm -01-rio 1 Nye? 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((Gnssa�aKfj laafiS lauOtJippV asN 702UN00 0I33VIIi QNV 'IONINOD (IMO I0'JNIQR'IONI Almfl03S ONV `-IVSOdSIQ 30VffHVO `S3OIAdaS MI `NOIIVIINVS `S033N IVOIQ3NI `QOOH 10'JNI-IQNVH 31i Ii03 Q3,LN3NI3'IdM 3S OI SiN3N13ONVIIXV ONV S3LLI'IIOVH 3HI 30 NOLLdIII0S3O V 3CIIAOIId Z " I3AVILL'I'IIM QNROS 3Hi NOLLOIIIQ 3Hi ONV SII3WUS NI3ISAS QNfIOS 30 IN3NI3OV'Id 3HI OI SV 0IHI03dS 3S UHOIIOS SI IlMad 3HI HOIHM IIOH IN3A3 3H.L IIOH 03SCI 39 OI S3SIWaX41 QNV QNV'I MU 30 NOUJM0S3Q II3HIO Ii0 i0'ld 39VIS `NV'Id 3IIS `H3i37IS V H0V -LV :3wIi QN3 G ;Oj :3I/ u IIIVIS �7- Q3IV0IONI 3'Id03d 10 UaEPiCW 3HI OI Q31INII l 30 30NVQN3IIV 'I-ILYi MOH AVG XVIMDIIIIVd ANV NO 30NVQN3.LLV Ni 39 OIL Ga.UIWHU 3S'TIIM OHM 3'Id03d HO XaSWf-IN I^iMIXVW 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. Signature of 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 r9►r 034199F401041VAa COMMENTS. (SIGNATURE) COMMENTS. FIRE DEPARTMENT: COMMENTS: PLANNING DEPARTMENT: COMMENTS: (SIGNATURE) (SIGNATURE) CITY CLERKAPPROVAL: DATE: RIGHTS OF SUBJECTS OF GOVERNMENT DATA "TENNESSEN WARNING" In accordance with the Minnesota Government Data Practices .4ct, the City of rochester is required to inform you of your rights as they pertain to the information collected about you. Public information is that information which is available to the general public; Private information is that information which is available to you, not to the public: and confidential information is that information which is not available to you or the public. The information we collect from you is either public or private. The separation of that information is as follows: PUBLIC - NAME AND ADDRESS OF APPLICANT(S) PRIVATE -ALL OTHER INFORMATION COLLECTED AT THE TIME OF APPLICATION; ALL INFORMATION BECOMES PUBLIC AFTER APPROVAL OF THE APPLICATION The information collected and required from you is to determine your eligibilityfor a City of Rochester regulatory license. If you do not supply the required information, the City of rochester will not be able to determine your eligilibility. The dissemination and use of the private data we collect is limited to that necessaryfor the administration and management of regulatory licenses. Persons or agencies with whom this information may be shared include: CITY AND COUNTY PERSONNEL INVOLVED IN DETERMINING YOUR ELIGIBILITY, CITY COUNCIL MEMBERS TO APPROVE THE APPLICATION, CONTRACTED PUBLIC AUDITORS AND THOSE INDIVIDUALS TO WHOM YOU GIVE YOUR EXPRESS WRITTENPERMISSION. Unless otherwise authorized by state statute or federal law, other government agencies utilizing the reported private data must also treat the information private. You may wish to exercise your rights as contained in the Minnesota Government Data Practices Act. These rights include: . THE RIGHT TO SEE AND OBTAIN COPIES OF THE DATA MAINTAINED ON YOU. THE RIGHT TO BE TOLD THE CONTENTS AND MEANING OF THE DATA. THE RIGHT TO CONTEST THE ACCURACY AND COMPLETENESS OF THE DATA. To exercise these rights, contact the City Clerk's Office, Room135, City Hall, Rochester, Mn. 55904 I HAVE READ AND UNDERSTAND THE ABOVE INFORMATION REGARDING MY RIGHTS AS A SUBJECT OF GOVERNMENT DATA. (Signature of Data Subject) White Copy - city Clerk's Office (Date) Buff Copy - Applicant W3& WE 67P-ILtE- "1 sFpr. IRCO(o APPLICATION # 3 ass 5 PERMIT # COUNCIL DATE: DATE RECEIVED O cD RECEIPT NUMBER i AMOUNT PAID aFii 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 4Tff ST. SE, ROCHESTER, MN. 55904 APPLICANT INFORMATION NAME OF APPLICANT/RESPONSIBLE PARTY: HOME ADDRESS: / L/I5 FLU uJ LN .5. L</ , JIB o C_ N 9-s T�aP DATE OF BIRTH: �� 3 ^'� J HOME TELEPHONE NUMBER: J --SOO d CELL PHONE NUMBER: 7� NAME OF ORGANIZATION: Xc- ADDRESS: TELEPHONE NUMBER: I "Al c*ARas CONTACT PERSON INFORMATION CONTACT PERSON DURING EVENT: wooy UiF (MIDDLE) (LAST) ME HOADDRESS: I � I �'" 5' w DATE OF BIRTH: TELEPHONE NUMBER: S '/- 200 3 Q l CELL PHONE NUMBER: OoRmlG isUc'NTCT EVENT INFORMATION PURPOSE OF EVENT:�L�C% DATE(S) OF EVENT: 14V6NS l :2 6„3LlAff DnAY(S) OF WEEK: LOCATION OF SPECIAL EVENT: -A ` i tiow g ry! PI EGG % vh+Q % S /N F7PON f o z:: rdq� rol ,e-- w iLL. d t oy rN�' R A -cc' CcJze,4s .,- A-r 7f t-lN+s L/N� DESCRIPTION OF ENTERTAINMENT TO BE PROVIDED: A ,S M A L-L BAhVO A-r A E:-^ 4 C RG G 660iND C-41 FOo.OS A1UJDr 7q SMALL NAnl(IY 614tu,9 ,S�r P//Vi w0010 RD ... 3Y-L� Av tA, C�rY m I TS )f AT -Fl-C F'ANis p �f IvE AT T-th5 R6A4 OF 1 NE lnk yo ce 11 N-r� `" MAXIMUM NUMBER OF PEOPLE WHO WILL BE PERMITTED n TO BE IN ATTENDANCE ON ANY PARTICULAR DAY T—O A7— & 4!c r" 4 z5w O'C' R f I C HOW WILL ATTENDANCE BE LIMITED TO THE NUMBER OF PEOPLE INDICATED 6 I '1 G [-g S riQ1¢-77 O , START TIME: 0 1369ef> An, END TIME: ! `0 30 A-m 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)) 0/0 S i Iz to UN trS — z4eGc CM4A M II /k�-��f7 fnJ .IiuM�ST�IQS +7' /1 AYO G/VfG C-E7VTo� 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 1S 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) TNT T•5 OA;e-Y ic2)R 7-7z' OF cN w cN i [7F i NE� Ryly/GWS /,& rWe,l 41 ?�0; F I !V i S f{ L 1 IV L ALL W, '"1411 i"14 L A/1i L/ F/C r4 T/off y Wt< N AuE ,U G vclk RG e-E/VOID C o rt7P <-.y:/vrs i/U 7-NZ,- /°r{sr 5. APPLICANT REQUESTS THE COUNCIL TO IMPOSE THE FOLLOWING SOUND LIMITATION (Check One) 4 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. Signature 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 PARR DEPARTMENT: COMMENTS. (SIGNATURE) POLICE DEPARTMENT. COMMENTS. FIRE DEPARTMENT: COMMENTS: PLANNING DEPARTMENT: COMMENTS: (SIGNATURE) (SIGNATURE) CITY CLERKAPPRO VAL: DATE: RIGHTS OF SUBJECTS OF GOVERNMENT DATA '7ENNESSEN WARNING" In accordance with the Minnesota Government Data Practices Act, the City of rochester is required to inform you ofyour rights as they pertain to the information collected about you. Public information is that information which is available to the general public; Private information is that information which is available to you, not to the public: and confidential information is that information which is not available to you or the public. The information we collect from you is either public or private. The separation of that information is as follows: PUBLIC - NAMEAND ADDRESS OFAPPLICANTP PRIVATE - ALL OTHER INFORMATION COLLECTED AT THE TIME OF APPLICATION; ALLINFORMATIONBECOMF.SPUBLICAFTER APPROVAL OF 72MAPPLIC4TION The information collected and required from you is to determine your eligibilityfor a City of Rochester regulatory license. Ifyou do not supply the required information, the City ofrochester will not be able to determine your eligilibility. The dissemination and use of the private data we collect is limited to that necessaryfor the administration and management of regulatory licenses. Persons or agencies with whom this information may be shared include. CHYAND COUNTYPERSONNEL INVOLVED INDETERKMNG YOUR ELIGIBILITY, CITY COUNCIL MEMBERS TO APPROVE TWEAPPLIC4TION, CONTRACTED PUBLICA UDITORS AND THOSE INDIVIDUALS TO WHOM YOU GIVE YOUR EXPRESS WRITTENPERMISSION. Unless otherwise authorized by state statute or federal law, other government agencies utilizing the reported private data must also treat the information private. You may wish to exercise your rights as contained in the Minnesota Government Data Practices Act. These rights include: THE RIGHT TO SEEAND OBTAIN COPIES OF TILE DATA MAINTAINED ON YOU. THE RIGHT TO BE TOLD THE CONTENTS AND MEANING OF THE DATA. THE RIGHT TO CONTEST THEACCURACYAND COMPLETENESS OF THE DATA. To exercise these rights, contact the City Clerk's Office, Rooml35, City Hall, Rochester, Mn. 5S904 IHAVEREADAND UNDERSTAND THEABOYEINFORMATIONREGARDING MYRIGHTSASA SUBJECT OF GOVERNMENT DATA. (Signature of Data Subject) White Copy - city Clerk's Office Buff Copy -Applicant (Date) RIGHTS OF SUBJECTS OF GOVERNMENT DATA "TENNESSEN WARNING" In accordance with the Minnesota Government Data Practices Act, the City of rochester is required to inform you of your rights as they pertain to the information collected about you. Public information is that information which is available to the general public; Private information is that information which is available to you, not to the public: and confidential information is that information which is not available to you or the public. The information we collect from you is either public or private. The separation of that information is as follows: PUBLIC - NAME AND ADDRESS OF APPLICANT(S) PRIVATE - ALL OTHER INFORMATION COLLECTED AT THE TIME OF APPLICATION; ALL INFORMATION BECOMES PUBLIC AFTER APPROVAL OF THE APPLICATION The information collected and required from you is to determine your eligibilityfor a City of Rochester regulatory license. If you do not supply the required information, the City of rochester will not be able to determine your eligilibility. The dissemination and use of the private data we collect is limited to that necessary for the administration and management of regulatory licenses. Persons or agencies with whom this information may be shared include: CITY AND COUNTYPERSONNEL INVOLVED IN DETERMINING YOUR ELIGIBILITY, CITY COUNCIL MEMBERS TO APPROVE THE APPLICATION, CONTRACTED PUBLIC AUDITORS AND THOSE INDIVIDUALS TO WHOM YOU GIVE YOUR EXPRESS WRITTENPERMISSION. Unless otherwise authorized by state statute or federal law, other government agencies utilizing the reported private data must also treat the information private. You may wish to exercise your rights as contained in the Afinnesota Government Data Practices Act. These rights include: THE RIGHT TO SEE AND OBTAIN COPIES OF THE DATA MAINTAINED ON YOU. THE RIGHT TO BE TOLD THE CONTENTS AND MEANING OF THE DATA. THE RIGHT TO CONTEST THE ACCURACY AND COMPLETENESS OF THE DATA. To exercise these rights, contact the City Clerk's Office, Room135, City Hall, Rochester, Mn. 55904 ******************************************************************* I HAVE READ AND UNDERSTAND THE ABOVE INFORMATION REGARDING MY RIGHTS AS A SUBJECT OF GOVERNMENT DATA. (Signature of Data Subject) (Date) White Copy - city Clerk's Office Buff Copy - Applicant APPLICATION # �5a5 0 PERMIT # 7 -21 COUNCIL DATE: S? -7- io DATE RECEIVED-71A510G RECEIPT NUMBER 3 AMOUNT PAID APPLICATION FOR SO UND AMPLIFICATION PERMIT DATE OF APPLICATION: 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 OR ORGANIZATION: ADDRESS: /% c3 U a. X oc_iCD_a I ex-./ r Y" b 5 i U y C� TELEPHONE NUMBER: 50 %- CELL PHONE NUMBER: CONTACT PERSON DURING EVENT: TELEPHONE NUMBER: /f3 $1 CELL PHONE NUMBER: EVENT INFORMATION PURPOSE OF EVENT: v u a. DATE(S) OF EVENT: 96 o7D O fe DAY(S) OF WEEK: �cc LOCATION OF SPECIAL EVENT: DESCRIPTION OF ENTERTAINMENT TO BE PROVIDED: 2O.MIL Loa -U _ L CZ XrA 1 c . n MAXIMUM NUMBER OF PEOPLE WHO WILL BE PERMITTED �� in BE IN ATTENDANCE ON ANY PARTICULAR DAY HOW WILL ATTENDANCE BE LIMITED TO THE NUMBER OF PEOPLE INDICATED START TIME: %'OO 9 END TIME: /07.00 1 /}2 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 DI RCTION 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 PRRO:: ECTION FOR ADJACENT PROPERTY OWNERS. G 0ubtJ l5 llb e-VA0� w A 4. PROVIDE THE MEANSI• 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) wetU 11 CGVLV u ( AJ6 (5e-- 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 MA)M" 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. I I / Signature d'f 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: FIRE DEPARTMENT: COMMENTS: FOR ADMINISTRATION USE ONLY (SIGNATURE) TURF) (SIGNATURE) PLANNING DEPARTMENT: COMMENTS: TURF) CITY CLERK APPROVAL: DATE: e The management and the entire staff of the Holiday Inn South welcomes you to Rochester, Minnesota. If we can do anything to make your stay with us more pleasant and comfortable please let us know... DIAL 177 or 182. For List of Services See Reverse Side. in AVENUE BE 11 • 200 R FLOOR PARKING 1� pp�� t°VEIIE°MµR ��pp E1�� r r r r r r r r r r r r r r r r r r O O r INID IN r r r r O r N O r m r m r O r N@ r r O EC r O r N r r CABANAS CABANAS 0 a Y a r —f •"�RDVEA °"NORv Ice - Beverage ' ENT. LOBBY "' �� _ C>-— • • ro E ✓'� OINIRR MOOII F 1° Riloa"�i FnOlfll Rl°R"R _ PARKING d i v 140 142 144 146 14B 15D 152YD 154 156 R R0°R 141 143 146 147 148 150 a 115535 B 157 ne uxIRG wu - Ice = d 339 338 337 336 336 334 333 332 331 330 32 W =6ARE 325 323 y1�f 322 321 320 319 318 317 316 316 314 313 312 311 310 309 3D8 3D7 306 130511 304 301 ::::::7 A U. S. ROUTE 53 DUAL HIGHWAY F—((K NORTH Under License of Holiday Inn, Inc. Yes we have suites .... Holiday Inn south now has new suites available. They include a living room, kitchenette, bedroom, & luxury bath/ Room appointments and interior are peerless, and you'll have three telephones, two TV sets, microwave, refrigerator, two vanities, Mr. Coffee, and a safe, secure environment. Real value in lodging at very affordable prices. M I ���!O� SERVICE DIRECTORY DINING — Our 'Three Crowns" Dining Room - a real favorite of local folks - is open from 6:00 a.m. to 9:00 p.m. seven days a week_ We take great pride in our friendly efficient service, relaxing atmosphere, and the high quality of meals served. You will find our menu to be moderately priced. VIKING LOUNGE — Relax with your friends in our VIKING LOUNGE - open from 11:30 a.m. to 1:00 a.m. Enjoy reduced prices during our HAPPY HOUR from 4:30 to 7:00 p.m. Monday thru Friday. Karaoke: Tuesday, Thursday, Friday and Saturday nights. ROOM SERVICE — Food - 6:00 a.m. to 9:00 p.m., Dial 185 ... Beverage - 11:30 am. to 12:30 a.m., Dial 198. FREE COURTESY CAR SERVICE — Our courtesy car service to the Mayo Clinic and the Hospitals begins a 6:30 a.m. and will leave from our front door 15 minutes before each hour until 5:45 p.m. If you are coming back from one of the Hospitals, please call and we will pick you up on our regular trips. If you desire courtesy service from the Hospitals after 6:00 p.m., please call 288-1844 and we will pick you up as soon as possible. The courtesy car will be available for airport service 15 minutes after each hour if desired. The courtesy car does not have a regular schedule on Saturday and Sunday, but is available if you make an appointment at the front desk. RECREATION AREA — This area, which includes the swimming pool, whirlpool, wading pool, sauna, and game area, is open for your enjoyment from 10:00 a.m. to 10:00 p.m. CHECKS — It is the policy of the management to offer our guests every possible convenience. However, our employees are not permitted to accept personal checks unless you have an American Express or Diners Club Card as a credit reference. Checks for cash or more than the amount of your bill must be cleared with the management. ATM Available at front Desk. CREDIT CARDS — We honor MasterCard, VISA, American Express, Diners Club, Carte Blanche, J.C.B. and Discover. CHECK-OUT HOUR — Our check-out hour is 12:00 noon. Late check-outs between 3:00 to 5:00 p.m. will be charged a 1/2 day rate. Check outs anytime after 5:00 p.m. will be charged a full day's rate. LAUNDRY — A local laundry provides our guest laundry and dry cleaning service, Monday thru Friday. Dry cleaning is set up on a one day service. Laundry service is on a one day service if noted on the laundr} slip. Please bring your laundry or dry cleaning to the registration desk by 8:00 a.m. Also available on oui property is a coin operated washer and dryer. The hours are 8:00 a.m. to 10:00 p.m.