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HomeMy WebLinkAbout09/06/2006_RegularCITY OF ROCHESTER COUNCIL AGENDA COUNCIL/BOARD CHAMBERS GOVERNMENT CENTER 151 4T" STREET SE MEETING NO. 21 REGULAR PLEDGE OF ALLEGIANCE I'AGE 1-2 A) OPEN COMMENT PERIOD B) CALL TO ORDER 0(.0 ^ �q SEPTEMBER 6, 2006 7:00 P.M. C) LETTERS AND PETITIONS 3-4 1) Request to be Heard — Devorah Shubowitz 5-6 2) Petition to Control Geese in the Location of Pinewood Road and McQuillan Court S.E. 3) RAEDI Economic Update 7-8 D) CONSENT AGENDAIORGANIZATIONAL BUSINESS 1) Approval of Minutes 9-10 2) Council authorization to remove proposed Bioscience Development Center and Parking Ramp parcels from tax abatement "district" 11-12 3) Licenses, Bonds and Miscellaneous City Activities 13-14 4) On -Sale Intoxicating (Exclusive) and Sunday Liquor Licenses — Robert J. Rittenhouse dba The Roxy Bar at 324 South Broadway 15-16 5) Approval of Accounts Payable 17-18 6) Assistant Fire Marshal Jason Whitney and Continued Membership in PERA Police and Fire Plan 19-22 7) Promotional Appointment — Motor Operator — Rochester Fire Department 23-26 8) Orderly Annexation #06-05 by John Bothun. The applicant is proposing to annex approximately 3.80 acres of land located along the west side of 34th Avenue described as Lot 7, Vandal's First Subdivision, Marion Township 27-28 9) Cascade Lake Wetland Bank Plan — City of Rochester Public Works Department 29-34 10) Curfew Ordinance Amendment 35-36 11) Real Estate — Southwood Townhomes Settlement 37-38 12) Real Estate — Property Acquisition for the Hadley Valley Trunk Sanitary Sewer (J-7744) 39-40 13) Supplemental Agreement #3 (J2269) Hwy 63 South and 401h St. S.W. 41-42 14) Assessment of "Unpaid Charges": Sanitary Sewer and Watermain to Serve Southport Subdivision, J9792 Council Agenda Wednesday, September 6, 2006 Page 2 of 2 43-44 15) Owner Contract — Public Improvements to Serve Graham Arena IV — J5254 16) Owner Contract — Watermain Extension to Serve Ready Mix Concrete — J5234 E) HEARINGS 45-46 1) Obtaining Evidence Relating to Housing Code Violations at 224-224 1/2 19'h Avenue S.W. owned by Amanuel Feleke. 47-52 2) Vacation Petition #06-10 by Mayo Clinic, Rochester to vacate north -south alley located north of 2nd Street N.W., west of 4`h Avenue N.W. and north of the existing Hope Lodge Development. 53-58 3) Vacation Petition #06-06 by Platinum Development to vacate the southerly five feet of right of way for Eastwood Road, from 40`h Avenue S.E. west approximately 1494 feet. 59-76 4) Preliminary Plat #06-17, by Platinum Development to be known as Rochester Towne Club Villas, located along the south side of Eastwood Road S.E., west of 401h Avenue S.E., and adjacent to Eastwood Golf Course (new portion). 77-96 5) Preliminary Plat #06-18 by Platinum Development, to be known as Rochester Towne Club Village, located south of Eastwood Road, east of Harbor Drive S.E. and adjacent to Eastwood Golf Course. F) REPORTS AND RECOMMENDATIONS 97-108 1) Establishment of a Preliminary Property Tax for 2007 109-110 2) Sound Amplification Permit 111-116 3) Capital Improvement Projects —Transfer of Funds 117-120 4) Request to Initiate Text Amendment to clarify the zoning certificate issuance process when part of a Sound Amplification Permit application G) RESOLUTIONS AND ORDINANCES 121-122 H) TABLED ITEMS 1) OTHER BUSINESS Canvas Set for September 12 Election J) ADJOURNMENT REQUEST FOR COUNCIL ACTION MEETING DATE: 4/ OPEN COMMENT PERIOD ITEM DESCRIPTION: OPEN COMMENT PER10D CITY ADMINISTRATOR I A 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: 9/6/06 "�,ENDA SECTION: ORIGINATING DEPT: ITEM NO. LETTERS AND PETITIONS ADMINISTRATION , C ITEM DESCRIPTION: REQUEST TO BE HEARD - DEVORAH SHUBOWITZ PREPARED BY: S. KVENVOLD Devorah Shubowitz, Kids First SEIU Child Care Providers Union, requests an opportunity to address the Mayor/Council about the current child care providers goals. Devorah Shubowitz had been scheduled to be heard at the 8M/06 council meeting. She was unable to attend that meeting and wishes to be heard at the 9/6/06 meeting. COUNCIL ACTION: Motion by: Seoond by: to: y REQUEST FOR COUNCIL ACTION MEETING J5 BATE: 9/6/06 AGENDA SECTION: Letters and Petitions ORIGINATING DEPT: City Clerk ITEM Mn /�• . ITEM DESCRIPTION: Petition to Control Geese in the Location of Pinewood Road and PREPARED BY: McQuillan Court S.E. Judy Scheer A petition has been received from the residential community of Pinewood Homeowner's Associations I & 11 at Pinewood Road and McQuillan Court S.E. The petition requests that the City of Rochester take action against the uncontrolled Canadian Goose population affecting the residential neighborhoods and private properties in this area. COUNCIL ACTION REQUESTED A motion referring the petition to City Administration and the Park Department directing them to meet with the Department of Natural Resources to determine solutions to the Canadian Goose population in Pinewoods Road/McQuillan Court S.E. area. COUNCIL ACTION: Mobon by Second by to: Q Petition LU_ —_ Submitted by Pinewood Homeowner's Associations I & II �, Pinewood Road & McQuillan Court SE UJa "_.' N UJ Rochester, MN 55904 C.` r d _ U 8 0 � v N Petition Name Uncontrolled Canadian Goose Population Recipient City of Rochester, Minnesota Category Neighborhood Living Petition History/Description This is a petition regarding on ongoing complaint with the City of Rochester regarding its lack of interest, concern and effort regarding the uncontrolled Canadian Goose population within the city limits and specifically as to how the destruction of property and contamination of the uncontrolled Goose population directly affects residential neighborhoods and private properties. The residential community of Pinewood Homeowners Associations I & It (located at Pinewood Road and McQuillan Court SE, Rochester, MN) is unique in that it is comprised of 48 units with over 854 of the residents being senior citizens and many residents with active, chronic medical issues (ie: cardiovascular diseases, arthritis and other degenerative conditions). These permanent health issues make it virtually impossible for the residents to directly confront or to clean up after the invading Goose population. In addition, this community property borders directly with a wetland area that is both owned and maintained (so to speak) by the City of Rochester. The Department of Natural Resources presents various methods of population control. We are confident that the City of Rochester is well aware of those options.... none of which have been given active consideration at this point in time. This petition is submitted as a follow-up to our onsite meeting with Amy Blenker (Rochester City Council Member) and Barbara Huberty (Rochester Public Works Department) on July 12th 2006 and is submitted as per their request. Petition Being that Olmsted County is not a natural habitat for Canadian Geese and that the City of Rochester, over the decades, has gone out of its way to create a local environment that has encouraged and conditioned the Canadian Goose population to congregate within the limits of the City of Rochester, we, the residents of Pinewood Homeowners Associations I & It, petition the City of Rochester to take direct and effective action(s) to eliminate, reduce or, at the very least, provide physical barriers to prohibit the Goose population from grazing from their adjacent wetland areas onto and into our vulnerable senior community. REQUEST FOR COUNCIL ACTION A SECTION: ORIGINATING DEPT: LETTERS AND PETITIONS CITY ADMINISTRATOR ITEM DESCRIPTION: RAEDI ECONOMIC UPDATE MEETING DATE: 9/6/06 G. NEUMANN Mark Utz, Chairman of Rochester Area Economic Development Inc. (RAEDI) and Gary Smith, President of RAEDI, will be in attendance to provide an update on economic activities in Rochester. They have requested an opportunity to make a brief presentation. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 9/6/06 CONSENT AGENDA CITY ADMINISTRATOR ITEM DESCRIPTION: APPROVAL OF CONSENT AGENDA ITEMS D-1-15 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) Council authorization to remove proposed Bioscience Development Center and Parking Ramp parcels from tax abatement "district" 3) Licenses, Bonds and Miscellaneous City Activities -4) On -Sale Intoxicating (Exclusive) and Sunday Liquor Licenses — Robert J. Rittenhouse dba The Roxy Bar at 324 South Broadway 5) Approval of Accounts Payable 6) Assistant Fire Marshal Jason Whitney and Continued Membership in PERA Police and Fire Plan 7) Promotional Appointment — Motor Operator — Rochester Fire Department 8) Orderly Annexation #06-05 by John Bothun. The applicant is proposing to annex approximately 3.80 acres of land located along the west side of 34s' Avenue described as Lot 7, Vandal's First Subdivision, Marion Township 9) Cascade Lake Wetland Bank Plan — City of Rochester Public Works Department -- 10) Curfew Ordinance Amendment -11) Real Estate — Southwood Townhomes Settlement 12) Real Estate — Property Acquisition for the Hadley Valley Trunk Sanitary Sewer (J- 7744) 13) Supplemental Agreement#3 (J2269) Hwy 63 South and 40th St. S.W. 14) Assessment of "Unpaid Charges": Sanitary Sewer and Watermain to Serve Southport Subdivision, J9792 15) Owner Contract — Public Improvements to Serve Graham Arena IV — J5254 COUNCIL ACTION REQUESTED: Motion to approve consent agenda items COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING / DATE: 9/6/06 Consent Agenda CITY ADMINISTRATOR ITEM DESCRIPTION: Council authorization to remove proposed Bioscience Development Center and Parking Ramp parcels from tax abatement "district" PREPARED BY: T.SPAETH The City recently entered into a Grant Agreement with DEED for the Bioscience Public Infrastructure Grant to facilitate the construction of a public parking ramp and Bioscience Development Center. As we move forward with this project, one of the options to assist with financing the project would be to create a Redevelopment Tax Increment Financing District. In order to do that, the City must first remove the 4 properties involved in the project from the tax abatement that was approved in 2004. The 4 properties are identified by the following PIN Numbers: PIN Taxpayer 64.02.12.017849 Richard & Kathleen Townsend 64.02.12.017850 Richard & Kathleen Townsend 64.02.12.017851 Mao Foundation 64.02.12.017854 . Rochester DC LLC. Bioscience Site Dimensions ;ra: sx. eanw nab ee6n =mOaap s IR RN bI@.i301)fiL m -. Rx 6�a�31]➢1)851 + n RN6�63.1l elle9 '.. ',. d - TxW @1301RK - N u 2 9d a. perking Ramp Council Action Requested: Motion to adopt resolution to remove the 4 subject properties from tax abatement. COUNCIL ACTION: motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING 1 DATE: 09/06/06 ` PENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY CLERK N _3 ITEM DESCRIPTION: LICENSES, BONDS & MISCELLANEOUS CITY ACTIVITIES PREPARED Bethany Gerberr 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. SEWER AND DRAIN Larson Plumbing and Heating P. O. Box 119 Kellogg, MN 55945 SINGLE GAMBLING Gift of Life Transplant House 705 2"d Street SW Rochester, MN 55902 Held at Mayo Civic Center Ballroom 09/29/06 Stewartville Sportsman Club 1733 County Road 6 SW Stewartville, MN 55976 Held at Willow Creek Middle School 09/16/06 Bamber Valley Elementary PTA 2001 Bamber Valley Rd SW Rochester, MN 55902 Held at Bamber Valley Elementary 02/01/07-02/02/07 ARC of Minnesota (Kahler of MN) 20 2Id Avenue SW Rochester, MN 55902 09/25/06 COUNCIL ACTION: Motion by: Second by. to: r LICENSE, BONDS AND MISCELLANEOUS CITY ACTIVIES PAGE 2 September 6tn, 2006 ON -SALE BEER Soriya Cuisine 1123 Civic Center Drive NW Rochester, MN 55901 MIN Ice Hawks Inc. 21 Elton Hills Drive NW Rochester, MN 55901 OFF -SALE BEER Fiesta Supermarket 223 North Broadway NE Rochester, MN 55906 MISCELLANEOUS Century High School 2525 Viola Road NE Rochester, MN 55906 Homecoming Parade SINGLE DANCE Veronica Cano 302 West Main Street Rochester, MN 55901 Held at the Graham Arena North SIDEWALKS -CEMENT Slate Cement Inc 26148 Newton Circle Suite 911 Elko, MN GAMBLING -PREMISE PERMIT Multiple Sclerosis Society AT: Rochester T.D. Billiards 1207 7" Street NW Rochester, MN 55901 09/15/06 3:00 PM to 5:00 PM 09/09/06 COUNCIL ACTION REQUESTED A motion to approve the above licenses, bonds, and miscellaneous activities. AGENDA SECTION: Consent Agenda REQUEST FOR COUNCIL ACTION MEETING 1� DATE: 9/6/06 City Clerk ITEM DESCRIPTION: On -Sale Intoxicating (Exclusive) and Sunday Liquor Licenses -Robert PREPARED 6Y: J. Rittenhouse dba The Roxy Bar at 324 South Broadway Judy Scherr Robert J. Rittenhouse is requesting approval from the Council for his applications for On -Sale Intoxicating (Exclusive) and Sunday Liquor licenses for his business to be located at 324 South Broadway. Mr. Rittenhouse plans on opening his business, to be known as The Roxy Bar, during the first quarter of 2007. The business will be an upscale Blues Bar featuring live entertainment two to three times per month. A confidential investigation of the applicant has been returned from and approved by the Police Department. Approval is pending departmental approvals, receipt of insurances certificates and license fees and the issuance of a Certificate of Occupancy from the Building Safety Department. Mr. Rittenhouse will be at the Council meeting to answer any questions the Council may have. COUNCIL ACTION REQUESTED A motion to approve the issuance of On -Sale Intoxicating (Exclusive) and Sunday Liquor Licenses for Robert J. Rittenhouse dba The Roxy Bar at 324 South Broadway pending departmental approvals, insurance certificates, license fees and the issuance of a Certificate of Occupancy. COUNCIL ACTION: Motion by: second by. to: ADDITIONAL INFORMATION FOR ITEM Fij SEPTEMBER 6, 2006 AGENDA Mayor & Council �wVan Kvenvold Gary Neumann Terry Spaeth Terry Adkins Richard Freese 0 ` RESTAURANT STREET BAR �C APPLICATION # CITY OF ROCHESTER DATE RECEIVED RECEIPT NUMBER AMOUNT PAID APPLICATION FOR ON -SALE INTOXICATING LIQUOR LICENSE JoJ'%_ p5 za'r1 Covering the period of , 2007 through March 31, 20 i=e:�_ zkZoo-� Name of Applicant: Address of Applicant: Jan! { RA &n, K'J-S C-1— Sa- VG�clfi Name of Corporation or Association: K i�1 T a Fa .Stir l rr r0IL'i `t Address of of Corporation or Association: 14-s Cz- ,S4- acs7sts.Si'?�5_2 A --(Iv 5590 Q Social SecurFederal Tax Number: Number: State Tax Number: The following items must be completed and / or accompany the completed application forms. Whoever shall knowingly falsify the answers to the following questions shall be deemed guilty of perjury and shall be punished accordingly. In answering the following questions, one of the officers of a corporation or partnership shall complete the application for all corporate officers, directors and stockholders, or all members of the partnership. 1. Name under which applicant will be doing business (name of restaurant, hotel, club etc). Name: QDxc( bRk Business Address: 3c2a :%4 F 9QoP4)6-,)Ar4 Telephone Number: 502 a5ci /70S 2. Type of Applicant (check one) Individual Partnership Corporation Other 3. Complete the following requested information for each individual, partner or officer of corporation (use additional �sheets if necessary) Name: 9L iN%ZT � Date of Birth: (first) (full middle) (last) /� Home Address: -3,Z04 I� U6&4 fkm C—T- .Si I `oC*C?5 f&rL_. /LIA) Ss_�O�F Home Telephone. Social Security Number: Business Address: Business Telephone: Position Title: t LZ- Stl u!�� e' t) Percentage of Interest in Partnership or Corporation U.S. Citizen _12L Yes Naturalized Yes If Yes, give date and No No place 3 Address at which applicant lived during the preceding five years. (Street Number) (City) (Street Number) (City) (State) (State) (Street Number) (City) (State) .......................................................................................... Name: Date of Birth: (first) (full middle) (last) Home Address: Home Telephone: Social Security Number:. Business Address: Business Telephone:_ Position Title: Percentage of Interest in Partnership or Corporation U.S. Citizen Yes Naturalized Yes If Yes, give date and No No place Have you ever been convicted of any felony or violation of any ordinance other than traffic? Yes If Yes, give time, place and offense 7.! If married. state name (maiden name if wife) and date of birth of spouse: Yes Name: No Date of Birth: Address at which applicant lived during the preceding five years. (Street Number) (City) (State) (Street Number) (City) (State) (Street Number) (City) (State) .......................................................................................... 5 10 Furnish the names and addresses of at least three business references including one bank reference. Name: Addres Name: �tA>Jf_1(.lzHr� l"c�s!I:. y - Address: _ 5 5�,�. l 5� G- Name: _ CAL LFt�s bi Lis - Address: 11. List floor number and street number of premises where the sale of intoxicating liquor is to be conducted: I-A^j --�- uwre,L FLac& 352a P�-)AA 4�4 12. Applicant shall attach a floor plan of the facility, indicating those rooms open to the public, showing dimensions and indicating the number of persons to be served in each room or area. 13. How is the property classified under the Zoning Ordinance of the City of Rochester? r S' m(- Q4'SI-j -s 0Is-) 21 cr- 14. State name and address of owner of building: Roar R%-rrr-Jtfous�L Name: 2 ,Z I �c tFF - a 41LL C 6- o--)e..4=9- P-lzc.r+& Address: 3AH_6o 6,TH F2)AA vA 4, 15. Has the owner of the building any connection, directly or indirectly, with the applicant? Yes If yes, state details: _�_ No 16. State the amount of investment that the applicant has in the business premises, fixtures, furniture, stock in trade, etc and attach proof of the source of such investment. i7 i THE FOLLOWING INFORMATION AND / OR FORMS MUST ACCOMPANY THE APPLICATION AT THE TIME OF RENEWAL 22. Licenses Fees: $3200.00 Per Year (pro -rated) $1600.00 Per Year for each additional bar (pro -rated) 23. Application for Special Sunday License (if liquor is to be served on Sunday) 24. Application for Annual Dance License (if dancing is to be held on the premises) 25. A copy of the Food Menu. 26. Certification of Insurance showing Proof of Worker's Compensation coverage (Minnesota Statute 176.182) 27. Proof of Financial responsibility as required under the new Dram Shop Law provision (Minnesota Statute 304A.409) 28. A copy of each Summons received by the applicant under the dram shop law during the preceding year. 29. ALL RETAIL LIQUOR LICENSEES MUST HAVE A CURRENT FEDERAL SPECIAL OCCUPATIONAL STAMP. THIS STAMP IS ISSUED BY THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS. FOR INFORMATION CALL (651) 290-3496. Make Check or Money Order payable to the CITY OF ROCHESTER and return to the OFFICE C. THE CITY CLERK, ROOM 135, 201 4TH ST SE, ROCHESTER, MN 55904 The applicant and his/her associates in this application, will strictly comply with all the laws of the State of Minnesota governing the taxation and the sale of intoxicating liquor: rules and regulations promulgated by the Liquor Control Commissioner; and all nances of the municipality: and I hereby certify that I have read the fog mg do and that the answers to said questions are true of my own knowledge. Subscribed and sworn to before me this tA day of `k.� 20 G(o (NOTARY PUBLIC) TURF OF APPLICANT OOIAYM��R R NOTARY PUBLIC-MINN SOTA My Comm. Exp. Jan 31201G r 0 REPORT - HEALTH DEPARTMENT• This is to certify that the premises herein described have been inspected and that the premises comply with all Health Department codes of the City of Rochester and state of Minnesota with the exception of: Date of Council Action: License Number: Approved By: Da te: to License Issued � ■, . � k _ | | 00 . � � . (@ .� � { � | / � � . Mass IMMINK � � � BLUES BAR ~ f q a |k�|| [ ' £a£a o� 2ptROCHESTER, MN . . - , �� 0-4 HISTORIC 300 South BROADWAY ao The 300 East Side of the Urban Village Rochester, MN To: City Council members From: Concerned Citizens Date: 6 September 2006 RE: Consent Agenda Item #4 — On -Sale intoxicating (Exclusive) and Sunday Liquor Licenses — Robert J. Rittenhouse dba The Roxy Bar at 324 South Broadway. Attachment: Summary of Police Incident Report It has been brought to our attention that Robert Rittenhouse is requesting approval from the Council for his applications to do business as a street bar a.k.a the Roxy at 324 South Broadway. We are asking the Council to table Rittenhouse's request for approval of his applications. We want a hearing to discuss the implications of another street bar in the Historic South Broadway district in addition to 1) the Union bar, 2) Ultra Lounge, 3) Kathy's Pub, as well as the liquor license granted to Salin Aksan at 315 S. Broadway. ■ We want a great downtown, embraced by locals and visitors. • We want a historic district that offers a vibrant, mixed use of businesses, professional offices and residential living. • We want our businesses to thrive and attract new investors to the historic district. • We want to create a framework for consideration of applications for businesses in the historic buildings on south Broadway. 32_4-3Z8 15 I31z� law 3z�-3Zs s l�rrob.bw Df�vv N /�tci,� —7- r-sr, /�A�3/F2/� S��sifE✓� nt -7 - !K44. /� , s, s_: 9// So; i�21�4/�Uc�ej 31-7.5o4 / r -. [-, � � f r1 , Alcohol related incidents addressed by Rochester Police Department from 01/05/06 to 09104/06: Kathy's Ultra Lounge Union Bar 307 S Broadway 320 1" Avenue 11 4'" Street 1. Theft 7 2 8 2. Liquor violation 1 1 0 3. Intoxicated person 18 4 8 4. Suspicious circumstances 8 5 8 5. Trespass 2 3 0 6. Dispute 1 2 0 7. Controlled substances 2 6 0 8. Disorderly conduct 14 14 0 9. Assault 12 6 0 10- Warrant arrest 4 2 0 11, Harassment/Threats 0 1 4 12, Traffic Violation/Obstruction 2 0 4 13. Criminal Damage to property 2 0 4 14. Burglary 0 0 4 15. Alarm&burglary,duress robbery 0 1 8 16. Property loss/found/recovered 2 2 0 17. Assist person or Agency 7 7 4 18. Medical 2 1 4 19. Community Service - Business Check 20 24 4 20. Parking violation 1 4 0 21. Driving under influence 2 0 0 22 Traffic accident/stop 2 4 0 23 Probation check 6 1 0 24. Exposer 1 0 0 25. Missing person 1 1 0 26. Escort 1 0 0 27. Unknown problem 1 2 0 28. Apprehension order 1 1 0 29. Domestic 0 1 0 30. Motor Vehicle theft 0 1 0 31. Code/Ordinance violation 0 3 0 32. E911 Hangups/misuse 0 1 0 TOTAL 130 100 60 Bar business related problems that will impact on neighbors in addition to the above: 1. Bad bar behavior (urinating on the sides of buildings, vomiting on sidewalks, broken glass, etc.) 2. Noise from music, bands and clientele (within and outside of building) 3. Hours 4. Cigarette smoking 5. Safety of alley entrances which are used as main entrances to some buildings 6. Quantity of trash 7. Barjumping REQUEST FOR COUNCIL ACTION iENDA 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 $6,306,797.08 Accounts payable of $9,357,039.46 Total disbursements $15,663,836.54 I (Detailed listing of disbursements submitted separately.) COUNCIL ACTION: Motion by Second by: to: MEETING DATE: 916106 ITEM NO. p-5 PREPARED BY: Dale Martinson 6 REQUEST FOR COUNCIL ACTION MEETING I DATE 916106 AGENDA ORIGINATING DEPT ITEM NNO.� onsent Human Resources t~ '�*'n ITEM DESCRIPTION: Assistant Fire Marshal Jason Whitney and Continued PREPARED BY: Membership in PERA Police and Fire Plan Lindy Isrud Jason Whitney was recently promoted from Motor Operator to Assistant Fire Marshal within -the Rochester Fire Department. In order to maintain his membership in the Public Employees Police and Fire plan, the City Clerk must be authorized to submit a resolution adopted by the Common Council declaring his eligibility as Assistant Fire Marshal for continued participation. The PERA manual states that an employee may maintain Police and Fire Plan membership when: Fire members who are transferred from a fire fighter position to a different position with associated fire department functions in the same department or a related department within the employing agency. The resolution is attached. COUNCIL ACTION REQUESTED: Authorize City Clerk Judy Scherr to sign the resolution for submittal to PERA. COUNCIL ACTION: Motion by: Second by: to: I City of Rochester Resolution — Fire Member Transfer WHEREAS, Minnesota Statutes Section 353.64, Subdivision 5a permits the governing body of a governmental subdivision to continue membership in the Public Employees Police and Fire plan of a Police and Fire member who is transferred to a different position with associated police or fire department functions in the same department or a related department within the same governmental subdivision. BE IT RESOLVED that the Common Council of the City of Rochester hereby declares that the position titled Assistant Fire Marshal, currently held by Jason Whitney, meets all of the following Police and Fire membership requirements: 1. The position to which this employee is being transferred has associated fire department functions in the same department or a related department within this same governmental subdivision, and 2. Said position is not that of an elected or appointed position of the city council, city manager, or finance director. BE IT FURTHER RESOLVED that this governing body hereby requests that the above - named employee be allowed to continue as a member of the Public Employees Police and Fire Plan until date of termination for this position. STATE OF MINNESOTA COUNTY OF I, Judy Scherr, clerk of City of Rochester, do hereby certify that this is a true and correct transcript of the resolution that was adopted at a meeting held on the 6th day of September, 2006; the original of which is on file in this office. I further certify that _ members voted in favor of this resolution and that _ members were present and voting. Signed: Date: REQUEST FOR COUNCIL ACTION MEETING DATE: 9/6/06 Organizational / Consent Agenda Human Resources ITEM DESCRIPTION: Promotional Appointment - Motor Operator - PREPARED BY: Rochester Fire Department Linda, 'Isrud The promotion of Jason Whitney, Motor Operator, to the position of Assistant Fire Marshal effective August 31, 2006, creates a vacancy for the position of Motor Operator. The Fire Civil Service Commission has submitted a list of three candidates for the position of Motor Operator from the established eligibility roster and recommends the appointment of one of the candidates to the position of Motor Operator. COUNCIL ACTION REQUESTED: Promotional appointment of Firefighter David Beagle to the position of Motor Operator effective September 14, 2006. COUNCIL ACTION: Motion by: Second by: to: 9 August 30, 2006 ROCHESTER FIRE CIVIL SERVICE COMMISSION JOE POWERS JOHN WITHERS ROGER FIELD Honorable Council Members City Council City Hall Rochester. MN 55904 Dear Council Members: The promotion of Jason Whitney, Motor Operator, to the position of Assistant Fire Marshal effective August 31, 2006 creates a vacancy for the position of Motor Operator. We respectfully request that you make one (1) appointment to the position of Motor Operator from the following list of qualified candidates 1. David Beagle 2. Stephen Swanson 3. James Jones Fire Chief Dave Kapler desires to have the appointment effective September 14, 2006. Respectfully Submitted, John Withers Secretary Fire Civil Service Commission An Equal Cpport .ity Emp(oya MEMORANDUM DATE: August 30, 2006 TO: Fire Civil Service Commission FROM: Chief Kapler SUBJECT: REQUEST TO PROMOTE With the recent promotion of Jason Whitney to Assistant Fire Marshal, there leaves a vacancy in the Motor Operator ranks. I request that you promote the next person on the Motor Operator Eligibility Roster who is David Beagle. Thank you. A� REQUEST FOR COUNCIL ACTION 4GENDA SECTION: ONSENT AGENDA MEETING a� DATE: 09-06-06 ITEM NO. ITEM DESCRIPTION: Orderly Annexation #06-05 by John Bothun. The applicant is PREPARED BY: proposing to annex approximately 3.80 acres of land located along the west side of 34u Theresa Fogarty, Avenue described as Lot 7, Vandal's First Subdivision, Marion Township. Senior Planner August 29, 2006 Planning Department Recommendation: See attached staff report, dated August 29, 2006. As part of the Orderly Annexation Agreement, property taxes payable on annexed land shall continue to be paid to the Town of Marion for the entire year in which the annexation becomes effective. If the annexation becomes effective on or before August 1 of a levy year, based on the date specified in the order from the Minnesota Municipal Board, the City may levy on the annexed areas beginning with that levy year. If the annexation becomes effective after August 1 of a levy year, the Town may continue to levy on the annexed area for that levy year. Thereafter property taxes on the annexed land shall be paid to the City. The Township Taxes due on this property are $583.71. Council Action Needed.- 1. If the Council wishes to proceed as petitioned, it should instruct the City Attorney to prepare a resolution to be adopted and transmitted to the Department of Administration — Municipal Boundary Adjustments. 2. The signed resolution and a copy of the Joint Resolution for Orderly Annexation (Marion Area #3) should be transmitted to the Department of Administration — Municipal Boundary Adjustments by the City Clerk (attached is a filing fee for the application in the amount of $25.00). The resolution and a copy of the Joint Resolution shall also be sent to the Town of Marion and the Olmsted County Auditorlrreasurer. Attachments 1. Staff report, dated August 29. 2006. Distribution: 1. City Administrator 2. City Clerk: Filing Fee 3. City Attorney: Legal Description Attached 4. City Finance Director: Tax Information Attached 5. Planning Department File 6. Applicant: This Rem will be considered sometime after 7:00 p.m. on Wednesday, September 6, 2006, in the Council Chambers at the Rochester / Olmsted County Government Center. COUNCIL ACTION: Motion by: second by: to: / I lJJ Q N ❑ N Z Q ❑Q cm O Zcc I Q LU N Q Q O a r C E c $ ? d IN d H Q m ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 COUNTY OF www.olmstedcounty.corrvoanning TO: Rochester Common Council FROM: Theresa Fogarty, Planner �—W m: I�n!nn4v„-S e� �nl'w'ilnCli�r� s�i DATE: August 29, 2006 RE: Orderly Annexation #06-05 by John Bothun. The applicant is proposing to annex approximately 3.80 acres of land located along the west side of 34th Avenue described as Lot 7, Vandal's First Subdivision, Marion Township. Pfanninq Department Review- Applicants/Owners: John Bothun 2907 SE 34" Avenue Rochester, MN 55904 Existing Land Use: This property is currently platted land located in the Vandal's First Subdivision. Size: The property proposed for annexation is approximately 3.80 acres. Existing Zoning: Though this property is not currently within the City limits, it is within the Orderly Annexation Agreement area with Marion Township for which the City of Rochester has extraterritorial land use and zoning controls. The property is zoned R-1 (Mixed Single Family Residential) district on the Rochester Zoning Map. Future Zoning: Upon annexation, the property will be zoned R-1 (Mixed Single Family Residential) district on the Rochester Zoning Map. Land Use Plan: This property is designated for "low density residential" uses on the Rochester Urban Service Area Land Use Plan. Adjacency to the Municipal The area proposed for annexation is permitted, according to Limits: the Joint Resolution for Orderly Annexation between the City of Rochester and the Townboard of Marion (Area #3), Paragraph 7 (c) a landowner seeks to develop a residential, Commercial, industrial, or governmental use on land which is platted or subdivided or which is proposed to be platted or subdivided for development at a density of more than one unit per 40 acres. In such instance, review by the Rochester Planning and Zoning Commission shall not be required prior to the City acting upon said petition. BUILDING CODE 507/285-8345 • GISIADDRESSINGIMAPPING 507/2B5-8232 • HOUSINGIHRA 507/285-8224 PLANNING/ZONING 5071285-8232 • WELLISEPTIC 507/285-8345 FAX 507/287-2275 AN EQUAL OPPCRTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 Annexation #06-05 y John Bothun August 29, 2006 Sewer & Water Services: This property is currently connected to the Southeast Intermediate Level Water System within 341" Avenue SE. 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: Townboard review is not required for this annexation. Report Attachments: 1. Annexation / Location Map Staff Recommendation: Section 7, Paragraph (c) of the Joint Resolution for Orderly Annexation (Marion Area # 3) between the City of Rochester and Townboard of Marion allows a landowner seeks to develop a residential commercial, industrial, or governmental use on land which is platted or subdivided or which is proposed to be platted or subdivided for development at a density of more than one unit per 40 acres. In such instance, review by the Rochester Planning and Zoning Commission shall not be required prior to the City acting upon said petition. Staff recommends that the City adopt a resolution annexing the property. MEETING REQUEST FOR COUNCIL ACTION CONSENT AGENDA August 28, 2006 ING L M-F I : PLANNING Cascade Lake Wetland Bank Plan — City of Rochester Public Department DATE: 9/6/06 John Harford, BY: Wetland Bank Plan: The City has approved and is now constructing the new location for Cascade Creek in preparation for the completion of the new Cascade Lake and park in the coming years. As a part of the project the Public Works Department decided that there is a potential to create wetlands beyond the direct replacement previously approved by the Council. The consultant, Bonestroo, Rosene, Anderlik, & Assoc., prepared a plan that will create a total of 13.30 acres of wetlands and resulting credits (6.65 ac. of new wetland credits and 6.65 ac. of public value credits). The credits can be used for future city projects that require wetland impact and replacement. The Technical Evaluation Panel met and reviewed this application and recommended approval with several conditions. Planing: Staff Recommendation: The staff recommends approval of this wetland bank plan. The conditions for approval include the following: 1. One monitoring visit per year with the Technical Evaluation Panel and applicant representative and submittal of an annual report; 2. The report must consist of multiple monitoring visits during the growing seasons and must address hydrology, plant establishment, and streambank stability; 3. The City's representative must include in the annual monitoring report all information and performance standards included in the memo dated July 28, 2006; 4. The City's representative submit as -built survey information to the Technical Evaluation Panel, and the TEP and City's representative meet on -site to review the project as proposed and the as -built surveys in the Fall 2006 or Spring 2007. City Council Action: 1. The council should pass a resolution approving the wetland bank plan with the conditions. Attachments: 1. Report from the applicant. Distribution: 1. City Clerk 2. City Attorney 3. City Administrator's Office 4. Planning Department File COUNCIL ACTION: Motion by: second by: to: A SECTION: Consent Agenda ITEM DESCRIPTION REQUEST FOR COUNCIL ACTION Ordinance Amendment Police DEPT: MEETING % DATE: 9/6/06 ITEM NO. Roger Peterson The City of Rochester Curfew Ordinance, 85A, is scheduled to expire on September 30, 2006. (please see R.C.O. 85A.19) The ordinance expiration date was established to insure that the Common Council would review the ordinance, its effectiveness and its need. The Rochester Police Department uses the curfew ordinance on a regular basis as a means to insure the safety of minors who are out on the street unsupervised during late night hours. This tool is an important and necessary part of the police ability to investigate the actions of minors who are out late at night and to have a means to return them to the safety of their home. The curfew ordinance serves 1) to protect the public from illegal activity that minors may commit after the curfew hours; 2) to protect minors from negative influences and possible gang involvement that prevail after the curfew hours; 3) to protect minors from criminal activity that occurs after the curfew hour and 4) to help parents control their minor children. The Rochester Police Department finds that the ordinance is fulfilling the needs identified and suggests revisions based upon the current status of case law and upon advice from the City Attorney. The most notable change is the enforcement language requiring an officer ask the offender's age and reason for being in the public place. Attached is a copy of the proposed changes which have been prepared by the City Attorney. The department suggests the changes to the language be adopted and that the council extend the termination of the ordinance to September 30, 2008. COUNCIL ACTION REQUESTED: Amend and re-enact sections 85A.10, 85A.11, 85A.15 and 85A.19 of the Rochester Code of Ordinances and re- adopt 85A.12, 85A.13, 85A.14, 85A.16, 85A.17, 85A.18, 85A.20, 85A.21. of the Rochester Code of Ordinances. COUNCIL ACTION: Motion by: second by to: _4p ORDINANCE NO. AN ORDINANCE CREATING AND ENACTING SECTION 85A.22 AND AMENDING AND REENACTING SECTIONS 85A.10, 85A.11, 85A.15 AND 85A.19 OF THE ROCHESTER CODE OF ORDINANCES, RELATING TO THE RE -ADOPTION OF THE CITY'S CURFEW ORDINANCE. THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN: Section 1. Section 85A.22 to the Rochester Code of Ordinances is hereby created and enacted to read as follows: 85A.22. Enforcement. Before taking any enforcement action under this chapter, a police officer must ask the apparent offender's age and reason for being in the public place. The officer must not issue a citation or make an arrest under this chapter unless the officer reasonably believes that an offense has occurred and that, based on any response or other circumstances, no exception found at section 85A.15 applies. Section 2. Section 85A.10 of the Rochester Code of Ordinances is hereby amended and reenacted to read as follows: 85A.10. Statement of Legislative Intent. Subdivision 1. The City of Rochester highly values the safety and welfare of its minors. The Common Council finds that the physical, psychological and moral well being of the City's minors is threatened by increasing street crime. It is recognized that during the late night and early morning hours, minors in public places are particularly susceptible to participate in unlawful activities and are particularly vulnerable to become victims of older perpetrators of crime. This chapter is the Council's chosen method to satisfy its obligation to provide for the protection of minors. Subd.2. Purpose. The Common Council implements this curfew ordinance for four primary reasons: A. To protect the public from illegal acts of minors committed after the curfew hour; B. To protect minors from improper influences that prevail after the curfew hour, including involvement with gangs; C. To protect minors from criminal activity that occurs after the curfew hour; and f D. To help parents control their minor children. The Common Council finds that residents and visitors have been harassed while traveling on city streets and sidewalks by large groups of minors; that minors have engaged in crimes while out on the streets late in the evening; that minors have been enticed to join organized gangs late in the evening; and that minors have been victimized by gangs late in the evening. The Council believes this curfew for minors will help lessen these problems. Section 3. Section 85A.11 of the Rochester Code of Ordinances is hereby amended and reenacted to read as follows: 85A.11. Definitions. Subdivision 1. Minor means any person 17 years of age or younger. Subd. 2. Parent means a person who is: A. A natural parent, adoptive parent, step-parent of another person, an individual or agency whose status as guardian has been established by judicial decree; or B. At least 18 years of age and has been authorized by a parent or guardian to have the care and custody of a minor. Subd.3. Emergency Errand means a task that if not completed promptly threatens the health, safety or comfort of the minor or a member of the minor's household. This includes, but is not limited to, seeking urgent medical treatment, seeking urgent assistance from law enforcement or fire department personnel, and seeking shelter from the elements or urgent assistance from a utility company due to a natural or man-made calamity. Subd. 4. Official City Time means the master clock contained in the Dispatch Center at the Olmsted County/City of Rochester Law Enforcement Center. Subd. 5. Places of Amusement, Entertainment or Refreshment means those places including, but not limited to, movie theaters, pinball arcades, shopping malls, nighclubs catering to minors, restaurants and pool halls. Subd.6. Primary Care or Custody means the person who is responsible for providing food, clothing, shelter and other basic necessities to the minor. The person providing primary care or custody to the minor cannot be another minor. 0 Subd. 7. School Activity means an event which has been placed on a school calendar by public or parochial school authorities as a school sanctioned event. Section 4. Section 85A.15 of the Rochester Code of Ordinances is hereby amended and reenacted to read as follows: 85A.15. Exceptions. The provisions of sections 85A.12 and 85A.13 do not apply to the following situations: Subdivision 1. To a minor accompanied by his or her parent, guardian or other adult person having the primary care and custody of the minor. Subd. 2. To a minor who is performing an emergency errand directed by his or her parent, guardian or other adult person having the primary care and custody of the minor. Subd. 3. To a minor who is in any of the places described in section 85A.12 or 85A.13 in connection with or as required by an employer engaged in a lawful business, trade, profession or occupation or to a minor traveling directly to and from the location of such business, trade, profession or occupation and the minor's residence. Minors who fall within this section must carry written proof of employment as well as the hours the employer requires the minor's presence at work. Subd. 4. To a minor who is participating in or traveling directly to or from an event which has been officially designated as a "school activity." Subd. 5. To a minor who is passing through the City in the course of interstate travel during the hours of the curfew. Subd. 6. To a minor who is attending or traveling directly to or from an activity involving the exercise of First Amendment rights of free speech, freedom of assembly or freedom of religion. Minors who wish to exercise their rights pursuant to this subdivision must notify the City Clerk in advance of the start of the gathering where these rights will be exercised. Section 5. Section 85A.19 of the Rochester Code of Ordinances is hereby amended and reenacted to read as follows: 85A.19. Effective Date. This ordinance shall be effective from and after the date of its publication. This ordinance shall expire and become null and void after September 30, 2008. This provision is included in this ordinance to insure that the Common Council will periodically review the ordinance, its effectiveness, and its need. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS DAY OF 2006. ATTEST: PRESIDENT OF SAID COMMON COUNCIL CITY CLERK APPROVED THIS DAY OF 2006. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Ord05/85A.10 et seq GENDA SECTION: Consent Agenda REQUEST FOR COUNCIL ACTION MEETING 3( DATE: 1 09/6106 ORIGINATING DEPT: I ITEM NO� 0Public Works N ITEM DESCRIPTION: Real Estate — Southwood Townhomes Settlement PREPARED BY: ,,�r�� M. Nigbur "ln As you may recall the City constructed a drainage project to provide relief to the Southwood Townhomes. This project is joint City and Private project whereby a large diameter drainage file line and retaining wall was constructed on private property and additional storm sewer was constructed in the public right of way. As part of this project the Southwood Owners were to secure permanent land rights for the private drainage line (placed on the abutting land owner's property in an area which cannot be built on). However, this was not done. Since the City found out about the lack of an easement staff has been discussing a possible settlement with the abutting landowner to obtain the easement. Consistent with appraisal valuation methodology staff determined an easement value and began discussions with the owner. However, the Owner's opinion of the value significantly differed from Staffs. The Owner did not desire to negotiate on his numbers. Ultimately, Mr. Chadbourn came to the City Council to voice his concerns about the project and value. Mr. Chadbourn stated at the meeting that he wanted $10,000. The City Administrator directed staff to negotiate up to the $10,000 figure Mr. Chadbourn requested. However, subsequent to the meeting Mr. Chadbourn's value jumped to $22,500 plus his fees to pay his advisors (which was not provided). This is a significant difference from the staffs value of $4000 (based upon Mr. Chadbourn's value for his lot and his value for tree loss) or even the proposed settlement value of $10,000. COUNCIL ACTION REQUESTED: Direct Staff to prepare and sent to Mr. Chadbourn a Settlement Agreement consisting of $7,000 for the easement and $3,000 for the damages to the property. Council should also authorize the Mayor and City Clerk to execute the Settlement Agreement. COUNCIL ACTION: motion by: second by to: GENDA SECTION: CONSENT AGENDA REQUEST FOR COUNCIL ACTION MEETING 1/06 DATE: ORIGINATING DEPT: ITEM NO. Public Works I � _ ITEM DESCRIPTION: Real Estate — Property Acquisition for the Hadley Valley Trunk PREPARED BY: Sanitary Sewer (J-7744) I . O/M. Nigburo" The City will be constructing a sanitary sewer trunk line to serve the Hadley Valley area (Haverhill Township). Based on the designs that have been developed, City staff pursued acquisition of 40-foot permanent utility easement as well as a temporary construction easement on property described as Lot 1, Block 1, Broadway North Subdivision. Based on the continued negotiations between the City and the owners, a preliminary settlement has been reached as follows: • The City agrees to pay $15,000.00 to Brindell Roberts Gottlieb and Walter L. Weisman as Co - Trustees of the Gottlieb Family Trust as complete compensation for the permanent utility easement and temporary construction easement. Staff recommends approval of the payment to Brindell Roberts Gottlieb and Walter L. Weisman for the 40- foot utility easement for the placement of the sanitary sewer trunkline and the temporary construction easement. The owners will execute the necessary conveyance documents. E CSAH 22 304cottemp ---Text COUNCIL ACTION REQUESTED: 1. Authorize payment in the amount of $15,000.00 to Brindell Roberts Gottlieb and Walter L. Weisman as Co -Trustees of the Gottlieb Family Trust for the needed 40- foot utility easement and the temporary construction easement. 2. Authorize the Mayor and City Clerk to execute a Settlement Agreement with the owners of the COUNCIL ACTION: Motion Second to REQUEST FOR COUNCIL ACTION MEETING DATE: 9l6/06 ,GENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA i Public Works ITEM DESCRIPTION: Supplemental Agreement #3 (J2269) PR AIREDABY- HWY 63 South and 40"' St. S.W. M. Ea MNDOT and the City of Rochester have entered into a Municipal Cost Share Agreement for the construction of the HWY 63 South interchange and the reconstruction of 40"' St. S.W. Construction of 40t" St. includes the construction of a four lane urban roadway from HWY 63 to 18t" Ave. S.W., much of which is City cost share. At the time of project development most of the lands on 40'" St. S.W. west of 181" Ave. were unplatted and undeveloped, therefore 40t" St. west of 18t" Ave. was left unimproved. Since that time a large parcel on the N.W. comer of 18t" Ave. and 400 St. has been platted and is presently being developed as Hart Farms South Subdivision. It has been determined that it would be both prudent and economical to improve a 540' section of 40t" St. S.W. bordering this plat, as part of the Hwy 63 South and 40t" St. construction project. MNDOT's Engineer has prepared Supplemental Agreement #3 (J2269) HWY 63 South and 40t" St. in the amount of $63,317.36 to cover the cost of: 1. Improving the north half of 40'h St. S.W. from 181" Ave. to 540' west to accommodate a four lane urban design. 2. Storm sewer improvements providing for both present street drainage, and future development storm drainage requirements. COUNCIL ACTION REQUESTED: Adopt a resolution authorizing payment of Supplemental Agreement #3, in the amount of $63,317.36 As part of the City / MNDOT Cost Share Agreement; (J2269) HWY 63 South and 40" St. S.W. COUNCIL ACTION: motion by Second by to: REQUEST FOR COUNCIL ACTION MEETING DATE: 946 NDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works p"-1 ITEM DESCRIPTION: Assessment of "Unpaid Charges": Sanitary Sewer and Watermain P EPARED BY: to Serve Southport Subdivision, J9792 J. Loehr The final projects quantities and costs for the following local improvement projec have been determined: Proiect No. M1.36, J9792 "Sanitary Sewer and Watermain Extension to Serve the Southport Subdivision Area." The project was constructed under the City of Rochester Water Quality Protection Program (WQPP). Under the WQPP each property owner is required to enter into a Utility Connection Agreement prior to connecting their property to the city sewer and water systems. The Agreement identifies the charges that the owner is required to pay to the City for the right to connect to the city sewer and water systems. The Agreement states that no payment of the charges is required nor is interest charged until April 21, 2006. In the Agreement the owners agree to have payment of their charges considered delinquent pursuant to "unpaid Rochester Code of Ordinance Chapter 28 and assessed against their property as an charge". The property owners waive their right to a notice and hearing of the levying of the "unpaid charges" as an assessment. This RCA is prepared for the purpose of adopting a Resolution establishing the Sanitary Sewer and Watermain Connection Charge Rates and the Sewer and Water Service Charge rates for the project, and to adopt a Resolution levying the "unpaid charges" as assessments. The rates for the project are as follows: Sanitary Sewer and Watermain Connection Charge $ 85.67 per foot of frontage Sewer and Water Service Connection Charge $1,500.00 per service connection Unpaid Charges An amount of $995,063.37 for project J9792, an amount of $750.00 for J7031 (SAC) and an amount of $1,000.00 for J7028 (WAC) remain as "unpaid charges". Notice of Assessment will be mailed by the City Clerk to each property owner informing them of their payment obligations. The Notices will indicate that payment can be made with no interest charged if payment is received within 30 days of the date of Notice. If the owner chooses to have the "unpaid charges" placed on their property taxes or does not make payment within 30 days of the date of notice then interest will be charged from April 21, 2006. COUNCIL ACTION REQUESTED: 1. Adopt a resolution to establish the project Sanitary Sewer and Watermain Connection Charge rate of $85.67 per foot of frontage, and a Sewer and Water Service Charge rate at $1,500.00 per service. 2. Adopt resolution levying the "unpaid charges" for projects J9792, J7031 and J7028 as assessments. Interest will be charged at 7.5% annually on the "unpaid" balance consistent with the terms and conditions of the Water Quality Protection Program and the Utility Connection Agreements. Attachment: Budget Data Sheet COUNCIL ACTION: Motion by: Second by: to: B12912006 r PManager: Contractor: BUDGET DATA SCHEDULE FOR CONSTRUCTION CONTRACT James M. Loehr Engineering Firm: SJ Louis Project Inspector: City Szuberski/Graff Project No. MI.36 Capital Improvement Information: Date of Origination J No. J9792 Year: Page No.: State Aid No. Type: S@W CIP Project No.: 11/18/02 Description: Sanitary Sewer and Watermain Extension to Serve Southport Project Substantial Completion Date COUNCIL ACTION DATE PROJECT BUDGET (FEASIBILITY REPORT) CONTRACT (AWARD) FINAL COST CONSTRUCTION MoFrs Water (150) 404,711.18 Sanitary Sewer (250) 754,536.85 Street (350) 815,40TI7 Storm Sewer(450) 19,370.83 Sewer and Water Service Connections 85,935.00 SUB -TOTAL 0.00 0.00 2,079,956.03 Engineering, Interest, Contingencies Land Acquisition 0.00 0.00 392,376.88 O.OD TOTAL $ - S - 5 2,472,332.91 FUNDING DISTRIBUTION 2200 Street Resurfacing 2201 Street Rehabilitation 4844 MSAS Reserves 4946 Bikeways 6501 Storm Water Management 8201 Future Watermain Connection 35,087.66 9202 Future Sanitary Sewer Connection 39,340.72 8202 Future SAC 371,683.64 8204 Assessments (Total Assessment Role) 995,063.37 Owner Advance Payments 98,788.20 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 8201 WAC/Previously Collected 8202 SAC/ Previously Collected Water Utility Share 47,628.57 8205 WQPP Sales Tax Revenue 984,740.7; TOTALI 5 - S - S 2,472,332.91 `Verify availability of funds with Tonya Klees at feasibility. .,,__....:........... �...,., ..f thie fr,r with vnur RCA (M Feasibility and Award of Contract and provide copy to Tonya Klees. REQUEST FOR COUNCIL ACTION MEETING DATE: ;ENDA SECTION: ORIGINATING DEPT: I ITEM NO� I CONSENT AGENDA Public Works i ITEM DESCRIPTION: Owner Contract— Public Improvements to Serve PR PARED BY: Graham Arena IV — J5254 M. Baker �"J Staff would offer the following Owner Contract project for consideration by the Council: Olmsted County (Owner) and Fraser Construction (Contractor) are requesting a City -Owner Contract J5254 consisting of "Public Improvements to Serve Graham Arena IV'. COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J5254, "Public Improvements to Serve Graham Arena IV". COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 09/05/06 GENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works /6 ITEM DESCRIPTION: Owner Contract— Watermain Extension to Serve Ready Mix PREPARED BY: Concrete — J5234 a M. Baker Staff would offer the following Owner Contract project for consideration by the Council: Ready Mix Concrete Company LLC and Brandon McNeilus (Owners) and S. L. Contracting, Inc. (Contractor) are requesting a City -Owner Contract J5234 consisting of "Watermain Extension to Serve Ready Mix Concrete". COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J5234, "Watermain Extension to Serve Ready Mix Concrete'. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION SECTION: PUBLIC HEARINGS ORIGINATING DEPT: CITY ADMINISTRATOR MEETING WDATE: 9/6/06 ITEM NO. ITEM DESCRIPTION: HOUSING CODE VIOLATIONS AT 224 — 2241/2 19T" AVENUE I PREPARED 1 SW T. SPAETH On July 27, 2006 the Rental Housing Complaint Board held a public hearing relating to the property located at the above mentioned address, in which there have been 3 housing code violations cited since August 17, 2005. After taking testimony from City staff, the Board recommended this item be scheduled for a public hearing in front of the Council. NOTE: The Rental Housing Complaint Board minutes and housing code violation reports have been sent separately to the Council. COUNCIL ACTION REQUESTED: The Council shall consider and hear the evidence presented in making a determination to suspend a rental certificate, revoke a rental certificate, impose civil penalties, or place the certificate holder on probation based upon violations of the housing code provisions. The Council may postpone or discontinue such proceedings if it appears that the licensee has taken appropriate measures which will prevent further housing code violations. Under the provisions of Paragraph 1.125 (6), the Council reserves the right to impose any of the following sanctions for violations of Chapter 32 lousing Code), Chapter 34 (Minimum Housing Standards), Chapter 35 (Housing Code — Dwellings and Apartments), Chapter 38 (Registration of Rental Units), or Chapter 55 (Fire Prevention) of the Rochester Code of Ordinances. a) suspend the registration certificate for up to 180 days; or b) revoke the rental registration certificate; or c) impose a civil fine not to exceed $1,000 for each violation that occurred; or d) place the certificate holder or applicant on probation for a time period not to exceed one (1) year.. ATTACHMENTS: 1. Copy of R.C.O. 38.125 related to suspension or revocation of a rental registration certificate. _ � p A.'f� Motion by: Second by: to: ADDITIONAL INFORMATION FOR ITEM E-1 SEPTEMBER 6, 2006 AGENDA Mayor & Council , BSman Kvenvold Gary Neumann Terry Spaeth Terry Adkins Richard Freese CITY ADMINISTRATOR'S OFFICE MEMORANDUM DATE: August 22, 2006 TO: Mayor and Common Council CC: Gary Dutton, Pat Alfredson FROM: Terry A. Spaeth SUBJECT: Rental Housing Complaint Board Meeting Minutes from July 27, 2006, 3:30 PM meeting for the property located at 224-224 % 191h Avenue SW, owned by Amanuel Feleke. Members Present: Dennis Hanson, Marcia Marcoux Staff Present: Terry Spaeth, City Administration; Pat Alfredson, City Attorney's Office; Gary Dutton, Building Safety Department, Scott Johannes, Building Safety Dept., Curt Buller, Building Safety Dept. Others Present: none On July 27, 2006, the Rental Housing Complaint Board held a public hearing related to the housing code violations on the property located at 224 — 224 '/2 19th Avenue SW in Rochester and owned by Amanuel Feleke. The following is a synopsis of the testimony received by the Board: Gary Dutton — Building Safety Mr. Dutton brought the Board members up to date regarding the status of the property. He indicated the rental certificate expired on 6/30/06, and the owner did pay the rental certificate renewal fee, but upon inspection by the staff, a number of housing code violations exist on the property, and the owner has until 8/25/06 to bring the property into compliance. A re -inspection will be conducted by staff at that time. Scott Johannes — Building Safet Mr. Johannes pointed out to the Board some of the specific violations on this property. Mr. Johannes also indicated Mr. Feleke owns 3 other rental properties, and that there are some housing code issues on those properties as well. Pat Alfredson — City Attorney Ms. Alfredson indicated that there has been a complaint referral to their office for one of the owner's properties located at 732nd Avenue NW. She pointed out that it is a separate matter from the property under review by the Board at this time. Councilmember Marcoux Ms. Marcoux feels that the violations on this property constitute a safety and health hazard, and that the required corrections need to be made in order to make this property one that is deemed reasonable for habitation. Council President Hanson Mr. Hanson agreed with Ms. Marcoux's assessment of the situation, and feels this problem should be forwarded to the City Council for a public hearing to determine what course of action to proceed with. Ms. Marcoux concurred. The Rental Housing Board consensus is to schedule this matter for a public hearing before the Council at the first meeting in September (this will be after the Aug. 25"' deadline for compliance for renewal of the rental certificate.). Gary Dutton — Building Safety Mr. Dutton indicated it was his understanding that Mr. Feleke was going to be contracting with RGI for rental property management services. Depending on the nature of the contract, Mr. Dutton feels this may help with the problems. TerrV Spaeth — City Administration Mr. Spaeth indicated that this matter will be scheduled at the Council for their meeting to be held on September 6, 2006. The meeting adjourned at 3:50 P.M. It should be noted that the property owner arrived after adjournment of the meeting. 2122 Campus Drive SE Rochester, MN 55904 (507) 281-6133 Fax (507) 287-2240 Memo To: Rental Complaint Board Members From: Gary Dutton, Manager of Housing Inspection Services CC: Date: July 20, 2006 Re: Rental Complaint Hearing for 224-2241/219th Ave SW The Building Official has requested a hearing before the Rental Complaint Board regarding repeated Housing Code violations at the rental property located at 224-224 1/2 19 Ave SW. The rental property is owned by Emanuel Feleke. Mr. Feleke registered the on May 2, 1999. This hearing is in accordance with Rochester Code of Ordinances, Section 38.125, Suspension or Revocation of Registration Certificates. This rental certificate expired June 30, 2006. The structure is registered as a duplex. It has been registered rental since 1988. The Housing Division of the Building Safety Department has responded to citizen complaints and has written three or more housing code violations in the past twelve months. I have attached the violation/warning letters and photographs to this memo. The property has a history of complaints including yard and vehicle violations. The following is the order of actions and responses to complaints and housing code violation letters since August 17, 2005: August 17, 2005 Inspector investigated and confirmed exterior complaint regarding junk stored in the yard (digital photos were taken). Warning letter issued to owner. Compliance scheduled for 8 AM on August 24, 2004. A non -conforming vehicle warning was issued, a Dodge van with expired tabs was cited to be brought into compliance by August 31, 2005 A correction order to provide unit identification numbers on entrance doors and removal of temporary carport structure. August 31, 2005 Inspector followed up on corrections due and finds the yard is not cleaned up. The non -conforming vehicle has been removed September 8, 2006 A contractor was scheduled to clean up property. The junk was removed by owner prior to contractor clean-up. September 16, 2005 Inspector investigated exterior complaint (digital photos were taken). A warning letter was sent with a compliance date of 8:00 AM on September 23, 2005. September 22, 2005 A notice of second violation was sent to the owner on this date. September 26, 2005 Inspector verified the junk was removed. March 13, 2006 Inspector investigated exterior complaint (digital photos were taken). A warning letter was sent with a compliance date of 8:00 AM March 21, on 2006. April 3, 2006 The inspector followed up and the junk was not removed. April 12, 2006 A contractor was hired to clean up the property on this date. A two-year housing code compliance inspection that was conducted on July 13, 2006 and twenty housing code violations were cited during that inspection. The corrections must be corrected and re -inspected by August 25, 2006. The fees were paid and a site plan is on file. This owner has three other registered rental properties that have current rental certificates. It has taken numerous inspections, re -inspections, and even court action at those rental properties to bring them into compliance. Rochester Code of Ordinances Section 38.125 "Suspension or Revocation of Registration Certificate" The Housing Division of the Building Safety Department has the duty to investigate housing code complaints to determine if housing code violations exist. In certain cases, inspectors respond to complaints at the same rental properties on a repeated basis. The repeated offenses become a frustration and blight to neighboring property owners. It is a burden on the housing division staff and inefficient use of staff time responding to housing code complaints to the same rental property. In an effort to place more responsibility on the owners of problem rental properties to be proactive rather than reactive to violation notices issued by the Housing Division staff, the Rochester Code of Ordinances. Section 38.125 "Suspension or Revocation of Registration Certificate" addresses this occurrence. This section of the ordinance uses a similar process for repeat violation offenders as is used in the Rochester Code of Ordinances Chapter 38, Section 152 "Conduct on Licensed Premises" also known as the "Disorderly Use" ordinance. After staff determines a pattern of repeat violation notices are being issued to a particular property, the rental owner is notified in a letter any additional violations in the 12 month time period could result in the rental property owner going before the Rental Housing Complaint Board. The Rental Complaint Board is made up of the Mayor, Council President, and Council member whose ward was affected by the repeated violations. The Building Official has the discretion to request a hearing by the board. The Building Official can exercise flexibility in convening the board, taking into account the number of units in the complex and any other relevant factors relating to the violations at the property. The public hearing investigates the violations and what actions have been taken to alleviate the repeat violation problem. The Rental Complaint Board hears all involved parties to determine if a need exists for a full hearing by the council. As a result of the full hearing, the council can impose sanctions similar to those invoked for the "Disorderly Use" ordinance which can include suspending or revoking certificate, imposing a civil fine and imposing other reasonable conditions that would encourage rental owners to take more responsibility in managing their properties and limit repeat housing code violations. ROCHESTER q�TE➢.a➢GUST•` BUILDING SAFETY DEPARTMENT 2122 Campus Drive S.E., Suite 300 Rochester, MN 55904-4744 (507) 281-6133 FAX (507) 287-2240 WARNING NOTICE August 17, 2005 Mr. Emanuel Feleke 1623 Wilshire Drive NE Rochester, MN 55906 RE: rental property at 224-2241/2 19 Ave SW, Rochester, MN It has come to our attention that there is unlawful storage of certain items in the open areas of the above referenced property. An investigation has revealed that these items are in violation of Section 35.21 of Rochester Code of Ordinances (copy enclosed) which requires all open areas and parts of premises to be maintained and kept in a reasonably clean and neat condition. The following items are ordered removed from the open space areas: -Couch, tires, bags of junk and debris on deck and under deck and all miscellaneous junk throughout back yard and side yard of the rental property. The items shall be removed no later than August 24, 2005 at 8:00 A.M. If the items are not removed the City may, under Section 35.24 of Rochester Code or Ordinances, enter upon such property and abate the public health hazard by any reasonable means, including the contracting with a private firm to do so. Any expenses incurred by the City in the abatement shall be the responsibility of the property owner, and will be assessed against the property as provided in Minnesota Statute 429.101. In addition to above charges, an administration fee of $90.00 will be charged for all contract work arranged by the Building Safety Department per Section 38.13 Subd. 5',of the Rochester Cade of Ordinances. an M. LeGare-Gulden, R:.S. Housing Inspector Slegare(cDci. rochester.mn.us (507)281-6159 Warning Notice 2004 C6K+V'aC1q)r femm& � J# 4 c r I q py ` i 9 �y� 1 Mom' F • � $ ai PC P - rn ■ F_y a k � k �w �l y 8 P e � yt 4 y I. �e,� � •mow ... s Y. 4: f �f ^ 5i5ip" s c� P i, ROCHESTER .%�irc,�Le�ata August 17, 2005 Property Owner/Manager Emanuel Feleke 1623 Wilshire Drive NE Rochester, MN 55906 Vehicle Owner Annette J. Knutson 810-41h Ave NW Rochester, MN 55901 R�TF o.�u cuST•`' BUILDING SAFETY DEPARTMENT 2122 Campus Drive S.E., Suite 300 Rochester, MN 559044744 (507)281-6133 FAX (507) 287-2240 ABANDONED OR JUNKED VEHICLE NOTICE Vehicle Location: front driveway of rental 224-19 Ave SW, Rochester, MN Vehicle description: Year: 1990 Make/Model: Dodge Caravan Color: Grey License No.: MN BCV973/March 2004 tabs expired VIN No.: 1B4GK54R7LX220033 Vehicle condition: three flat tires, expired license tabs A recent inspection of the property referenced above revealed the presence of an "abandoned or junked" vehicle as defined in Section 35.22 of Rochester Code of Ordinances. This vehicle is a public health hazard. You are hereby notified that you have ten (10) working days from the date of this letter 8 AM [August 31, 2005] to either remove said vehicle from the property or otherwise bring it into compliance with the law.n If you do not correct the problem within that time, the vehicle will be towed from the property and impounded by the City. The City will then take all necessary steps to collect the costs of such actions from the property owner, including assessment of these costs against the property taxes. These fees will include a $90.00 administration fee for all tows arranged by this department per Section 38.13 Subd. 5 of Rochester Code of Ordinances. Please contact our off" m 'e-&ately if you wish to avoid the forced removal of the vehicle. Sa Su an�M. re -Gold n, Housing Inspector ' Slegare .ci.rochester.mn.us (507)281-6159 Abandoned or Junked Vehicle Notice 2004 ROCHESTER August 17, 2005 Emanuel Feleke 1623 Wilshire Drive NE Rochester, MN 55906 Rental Property: Date Inspected: Number of Units: ./pia "data J, ��E�E�TER • Ni1'.4Cs Rer£n •aV 6LSS•� BUILDING SAFETY DEPARTMENT 2122 Campus Drive S.E., Suite 300 Rochester, MN 55904-4744 (507)281-6133 FAX-(507) 287-2240 CORRECTION ORDERS NOTICE 224-2241/219 Ave SW, Rochester, MN August 16, 2005-exterior only duplex This department made an inspection in response to a complaint directed to our office. A site inspection was made of the premises referenced above. Please comply with the following housing code violations: CO ECTIONS D ,.� r - 1 Remove temp rary carport in back driveway. This Is not str urally stable, or move w' the required permit. Comply by August 31, 2005. Apartment doors for the duplex are not identified. Provide required identification as per R. C.O. 34.37. Comply in by August 31, 2005 The above corrections must be completed by August 31, 2005.Failure to make the required corrections and have them reinspected by the stated deadline, will result in this matter being referred to the City Attorney for legal action. This is the only notification you will receive from this department. If there are a questions regarding the corr ns listed, lease contact me at 281-6159. s M. LeGare- ulden, R.S. Housing Inspector Badge Z32 slegare(aDci.rochester.mn.us (507) 281-6159 ROCHESTER September 16th 2005 Amanuel W. Feleke 1623 Wilshire Court N.E. Rochester, MN 55906 RE: 224 19th Avenue S.W. Rochester MN f *moo"��_ ''' -a••• RARCO.AL GUST• BUILDING SAFETY DEPARTMENT 2122 Campus Drive S.E., Suite 300 Rochester, MN 55904-4744 (507) 261-6133 FAX (507) 267-2240 WARNING NOTICE It has come to our attention that there is unlawful storage of certain items in the open areas of the above referenced property. An investigation has revealed that these items are in violation of Section 35.21 of Rochester Code of Ordinances (copy enclosed) which requires all open areas and parts of premises to be maintained and kept in a reasonably clean and neat condition. The following items are ordered removed from the open space areas: 1) Remove uncollected garbage from Drive way, and begin service through a garbage collection service for the apartment house located at the above address as per R.C.O. 34.09. ( Garbage collection was discontinued for non payment from building owner) 2) Remove old abandoned Bicycles from the rear yard as per R.C.O. 35.21 3) Remove household couch from exterior of house under deck as per R.C.O. 35.21 The items shall be removed no later than September 23'd 2005 at 8:00 A.M. If the items are not removed the City may, under Section 35.24 of Rochester Code or Ordinances, enter upon such property and abate the public health hazard by any reasonable means, including the contracting with a private firm to do so. Any expenses incurred by the City in the abatement shall be the responsibility of the property owner, and will be assessed against the property as provided in Minnesota Statute 429.101. In addition to above charges, an administration fee of $90.00 will be charged for all contract work arranged by the Building Safety Department per Section 38.13 Sub of ochester Code of Ordinances. �,,� ' 1 annes A:; Y ' Buildi Safety Inspector siohannesCo7ci.rochester.mn.us 507-281-6139F3— o(P 09� �" ��ty]✓"y j�'• t�. �1 p�" '�" S. � Jam- q'� y � i•�'��R e .S_v' W«t'✓i_ 16 (S` y_ T ! \R- "' +. 1./s.� ♦ yy'1 19 .. s �n�y�.t /mil` s. VtePT$: £ ° -",BAR; •' yy (.A s�p �w # k'JA kk �py\.• r �,e�' r -."' _• � J, r A9r f$.�. if 9`/' t Ali ,,,,`` 3` f � +.f � ' - rx t rg .r ✓'' � tiy�'i� �-��Q.s �$►�'fFF��++�� .i 0.1 �� F4. r,y 4� d��Ys VC'�� T.. _+� 1�1'$• 1 ti 41 r. A vvtidA ms ]� �r , 4 d s ,J c r �St, . J `7 m .y m OR WOW - All } • yJ .x'F" Y � yaeY4�A x ✓ S i ti tl .. x:- 4 K Y b �s } 'Y ■ .dJ1.Y _. f•� i` k �uf`�k _ S} a Y �9 r ' - sr. • •'tea";!c2x'r 2i� ALL-AMMU' ROCHESTER V'� —41K�M&-4ma— September 22, 2005 Amanuel W. Feleke 1623 Wilshire Court NE Rochester, MN 55906 RE: Second Violation Notice at: 224 19fh Ave SW, Rochester, MN µ�EyFSTEk �lA y ,• � d 4 AD6�.5 reii :'ni�cii s't• s.. BUILDING SAFETY DEPARTMENT 2122 Campus Drive S.E., Suite 300 Rochester, MN 55904-4744 (507)281-6133 FAX (507) 287-2240 www.rochestermn.gov This letter is to notify you this department has responded to a complaint at 224 9th Ave SW and a second violation notice has been written for the above referenced licensed premises within a twelve (12) month period. Following a third or subsequent violation notice for a property within a twelve (12) month period, the Building Official may request a hearing before the Rental Complaint Board to investigate the cause of repeated violations at this licensed rental property. As defined in Rochester Code of Ordinances Section 38.125 the Rental Complaint Board will consist of the Common Council member representing the ward where the violations have occurred, the Common Council President, and the Mayor. At the conclusion of this hearing, the Board will make a recommendation to the Common Council whether there is a need for a hearing before the full Council to consider revocation or suspension of the rental certificate or the imposition of a fine or other sanction. The council may impose the following sanctions: A. Suspend the registration certificate, or the right to obtain a certificate, for a period of time not to exceed 180 days. B. Revoke the rental registration certificate, or the right to obtain a certificate. C. Impose a civil fine not to exceed $1,000 for each violation that occurred. D. Place the certificate holder or applicant on probation for a time period not to exceed one year. This notification is to allow you to take actions to prevent further violations from occurring. If a third or subsequent violation is cited within a twelve (12) month period the above process could lead to a revocation or suspension of the rental certificate and/or a fine. If a revocation or suspension is imposed, a re -instatement fee of a $100 for the first unit and $20 for each additional unit to be re -licensed and re -inspected must be paid. NOTE: Correcting violations in the allotted timeframe will not alleviate the owner/manager from possible sanctions of Section 38.125 of the Rochester Code of Ordinances. The intent of this ordinance is to reduce repeated housing code violations at thiae propef(rtyatton Manager of Housing Inspection Services (507)281-6255 gdutton@ci.rochester.mn.us Second Complaint Notice 2004 Arz EquafOpportunity Employer ROCHESTER ./�irrrLe�a�a RgTFp.xli Lush-ys BUILDING SAFETY DEPARTMENT 2122 Campus Drive S.E., Suite 300� Rochester, MN 55904-4744 (507) 281-6133 FAX (507) 287-2240 WARNING NOTICE March 13, 2006 Emanuel Fleleke 1623 Wilshire Drive NE Rochester, MN 55906 RE: rental property at; 224-2241/219 Ave SW, Rochester, MN It has come to our attention that there is unlawful storage of certain items in the open areas of the above referenced property. Digital photos provided. An investigation has revealed that these items are in violation of Section 35.21 of Rochester Code of Ordinances (copy enclosed) which requires all open areas and parts of premises to be maintained and kept in a reasonably clean and neat condition. The following items are ordered removed from the open space areas: -Junked bike parts, tire, stroller, truck running boards stored along driveway and full size couch, bed spring and all other miscellaneous junk stored under deck of rental property. The items shall be removed no later than March 21, 2006 8 AM. If the items are not removed the City may, under Section 35.24 of Rochester Code or Ordinances, enter upon such property and abate the public health hazard by any reasonable means, including the contracting with a private firm to do so. Any expenses incurred by the City in the abatement shall be the responsibility of the property owner, and will be assessed against the property as provided in Minnesota Statute 429.101. In addition to above charges, an administration fee of $90.00 will be charged for all contract work arran ed by the Building Safety Department per Section 38.13 Subd. 5 of the Ro ster Code of Ordinances. Susan M. LeGare-Gulden,fi Housing Inspector Slegare(a�ci.rochester.mn. us (507)281-6159 Warning Notice 2004 5 A 5 S b / Al IZ t J ��w4�� , yi\Ji T Oil / Si �J i iA`i � 1 l ate— - IF I E S t. J1 .. Y .ti. T.C. t ' r ROCHESTER July 20, 2006 Emanuel Feleke 1623 Wilshire Drive N.E. Rochester, MN 55906 Rental Property: Date Inspected: Number of Units .�%�iizrzedo�2 �OC%CSTEa. qf}l BUILDING SAFETY DEPARTMENT 2122 Campus Drive S.E., Suite 300 Rochester, MN 55904-4744 (507) 281-6133 FAX (507) 287-2240 CORRECTION ORDERS NOTICE 224-2241/2 19th Avenue S.W. Rochester, MN 07-13-2006 Duplex In accordance with Section 32.09 of the Rochester Housing Code, this department made an inspection of the dwelling units and premises referenced above. CORRECTIONS Main Floor Unit 1) The dryer in the kitchen is not vented to the exterior of the building. Install vent hood and vent the dryer to the exterior of the building to allow the dryer to work as intended to as per R.C.O. 35.08. 2) Within the kitchen several drawers and drawer front are either broken or screwed shut. Repair or replace all broken drawer glides, drawer fronts and unscrew the drawers to allow the tenant to use the drawer as intended as per R.C.O. 35.08. 3) The dryer cord is running across the kitchen floor and plugged into the 220 volt outlet on the counter top. Have a licensed electrical electrician come in and extend the outlet from the counter top to within 5 feet of the dryer as per R.C.O. 34.24. 4) The required light globe in the kitchen is missing; replace or reinstall light globe as per R.C.O. 35.08. 5) The window in the back bedroom has broken pane of glass; reinstall a new pane of glass in the window as per R.C.O. 35.04. 6) It was observed caulking in the tub of the bathroom area has mold. My recommendation is to cut out (remove) existing caulking. Clean mold from tile and re - caulk seam with silicon based caulk that is mold and mildew resistance. This type of application will prevent further re occurrences. 7) The bathroom walls and ceiling above the tub have mold and mildew. These affected surfaces need to be sanitized with either a dilute bleach solution or a broad- spectrum disinfectant and then neutralized. After sanitizing and neutralizing, the surface needs to be painted with a material suitable for a high moisture environment that is washable and can be easily cleaned and sanitized; as per R.C.O. 35.03. 8) The required smoke detector in this unit is inoperable; repair and for replace the smoke detector within forty-eight (48) hours of receiving this letter, as per 2003 Minnesota State Fire Code, Section 907.2.10.2 9) The front door appears to have been kicked in splitting the jam and pushing in the jam leg away from the brick mold. Reattach the trim and brick mold to the jam leg and resecure the frame within the opening as per R.C.O. 35.08 Lower Level Unit 1) The back splash in the kitchen needs to be caulked to prevent water from entering between the wall and the counter top as per R.C.O. 35.08. 2) The required light globe/shade in the bedroom is missing; replace or reinstall new globe/shade as per R.C.O. 35.08. 3) Within the front bedroom the dresser is standing in front of the egress window blocking access to the escape route. Move the dress to another place in the room to allow the tenants to have direct access to the egress window as per R.C.O. 34.17 4) The required light globe in the hallway is missing; replace or reinstall new globe as per R.C.O. 35.08. 5) The required smoke detector in this unit is inoperable; repair and /or replace the smoke detector within forty-eight (48) hours of receiving this letter, as per 2003 Minnesota State Fire Code, Section 907.2.10.2 6) The bathroom is in need of a thorough housecleaning. The tenant in this unit needs to be informed, and to take appropriate action; that it is the tenant's responsibility to keep in a clean and sanitary condition that part of the dwelling, apartment and premises that he or she occupies and controls, as per R.C.O. 35.12. 7) The ceiling in the second bathroom off the rear bedroom is falling down. Replace the ceiling with new sheetrock tape, mud and finish; then paint with a moisture resistance paint to prevent any mold growth as per R.C.O. 35.03. 8) The exhaust fan in the same bathroom is in need of cleaning and possibility of replacement (the fan is very loud when turned on). Repair or replace fan as per R.C.O. 35.08. 9) The bathroom walls and ceiling above the shower area have mold and mildew. These affected surfaces need to be sanitized with either a dilute bleach solution or a broad- spectrum disinfectant and then neutralized. After sanitizing and neutralizing, the surface needs to be painted with a material suitable for a high moisture environment that is washable and can be easily cleaned and sanitized; as per R.C.O. 35.03, Building 1) The hand railing leading from the main floor unit down the steps is broken and loose; resecure the hand railing by re -anchoring the existing handrail or remove and install new handrail to allow the tenant to use the railing as intended as per R.C.O. 35.05. 2) In the laundry room is a duplex outlet cover that is missing; reinstall a cover on the outlet as per R.C.O. 34.24. Failure to make the required corrections and have them reinspected or receive a written extension from our office, by the stated deadline, will result in this matter being referred to the City Attorney for legal action. This is the only notification you will receive from this department. If there are any questions regarding the corrections listed, please contact me at 281- 6139. APPEAL PROCESS Any person affected by any notice of violation shall be granted a hearing before the Housing Board of Appeals upon filing a written petition requesting such hearing and stating the reasons for the request. Petition shall be filed within ten (10) days after the notice is served. (Rochester Housing Code Section 33.06) Appeals forms are available on request from the Building Safety Department. SALE OF PROPERTY If this property is sold before the required corrections are completed, it is the present owner's responsibility to furnish the new owner with a copy of the required corrections. It shall also be the present owner's responsibility to make whatever arrangements are necessary to have the listed corrections completed within the allotted time. Please call 281-6133 or 281-6139 for a re -inspection appointment. Scott R. Johannes Building Safety Inspector siohannes a()ci. rochester.mn.us 507-281-6139 REQUEST FOR COUNCIL ACTION ' MEETING DATE: 09-06-01 '�GtNUA .StIiIIVM I I ..—•� � ■ PUBLIC HEARINGS PLANNING ITEM DESCRIPTION: Vacation Petition #06-10 by Mayo Clinic Rochester. The PREPARED BY: applicant is proposing to vacate north -south alley located adjacent to Lots 3-6, Theresa Fogarty, Block 1, Cummings Addition and Lots 3-5, Block 55, Original Plat and along the Senior Planner west line of Lot 2, Block 55, Original Plat and the access easement over a part of Lot 2, Block 1, Cummings Addition. The property is located north of 2no Street NW, west of 4`h Avenue NW and north of the existing Hope Lodge development. August 29, 2006 Planning Department Recommendation: See attached staff report dated August 16, 2006. The Planning & Zoning Commission considered this vacation request at their August 23, 2006 meeting, as a consent item. Ms. Wiesner made a motion to approve the consent items. Ms. Rivas seconded the motion. The motion carried unanimously. Staff is recommending approval of the vacation request with the following recommendation: 1. The applicant must not record the resolution of approval until such time as the applicant either dedicates a utility easement over existing facilities in the right-of-way, or documents their agreement to pay expenses associated with relocating existing utilities and makes arrangements with the existing utilities (i.e. Owest) for doing so. 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 the City Planning and Zoning Commission. Attachments: 1. Staff Report dated August 16, 2006. Distribution: tirti 1. City Administrator 2. City Clerk 3. City Attorney: Copy of legal description is attached 4. Planning Department File 5. Applicant: This item will be considered by the Council sometime after 7:00 p.m. on Wednesda , September 6, 2006, in the Council/Board Chambers at the Government Center, 151 e Street SE, Rochester, MN. COUNCIL ACTION: Mouonby: Second Nk 0 N L 0 L 0 Q. X w V L a w G /�,q " ROCHESTER-OLMSTED PLANNING DEPARTMENT oF.gOCKE5TE1r.y�NN�"l 2122 Campus Dnve SE, Suite 100 • Rochester, MN 55904.4744 :m e o u x TV OF www.olmstedcounty.com/planning n.•'.'�w OR9 iED•pUGUeT'S'P TO: City Planning and Zoning Commission FROM: Mitzi A. Baker, Senior Planner DATE: August 16, 2006 RE: Vacation Petition #06-10 by Mayo Clinic Rochester. The applicant is proposing to vacate north -south alley located adjacent to Lots 3-6, Block 1, Cummings Addition and Lots 3-5, Block 55, Original Plat and along the west line of Lot 2, Block 55, Original Plat and the access easement over a part of Lot 2, Block 1, Cummings Addition. The property is located north of 2n° Street NW, west of 4`" Avenue NW and north of the existing Hope Lodge development. Planning Department Review: Petitioner(s): Reason to Vacate: Report Attachments: Staff Recommendation: JAMS Partnership 2705 Salem Road SW Rochester, MN 55902 Mayo Clinic Rochester C/O Glenn S. Forbes, MD, CEO 200 First Street SW Rochester, MN 55905 To facilitate development. 1. Location Map No referral agencies object to vacating the right-of-way as petitioned. Owest requests that any relocation costs be paid by the applicant, or that an easement be dedicated over their existing facilities. Staff is recommending approval of the vacation request with the following recommendations: 1. The applicant must not record the resolution of approval until such time as the applicant either dedicates a utility easement over existing facilities in the right-of- way, or documents their agreement to pay expenses associated with relocating existing utilities and makes arrangements with the existing utilities (i.e. Owest) for doing so. BUILDING CODE 507/285-8345 • GIS/ADDRESSING/MAPPING 5D7/285-8232 • HOUSING/HRA 507/285-8224 PLANNINGRONING 5071285-8232 • WELUSEPTIC 507/285-8345 Qv� FAX 507/287-2275 I'C�7 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER —ity of Rochester, Minnes..5 Jul 24 Date: =J 2006 To: Mayor and Common Council City Hall City of Rochester, Minnesota Petition to Vacate Public Right -of -Way or Utility Easement We, the undersigned, are the owners of the following described property located within the City of Rochester, Minnesota, and we constitute 50% or more of the owners of the property on the line of the public property herein described to be vacated: (Describe here or attach a separate list showing the legal description and full ownership of each adjoining parcel). Owner's Names (If in joint tenancy, both or all parties must sign) JAMS Partnership Leaal Description Lots 4 5 6 Block 1 Cummings Addition to Rochester Mayo Clinic Rochester f/k/a Mayo Foundation Lots 1 2 3 4 5 6 Block 55, Original Plat of the City of Rochester (See Exhibit A for non —petitioning owner.) We hereby petition the Common Council of the City of Rochester, Minnesota to vacate the following described public property: Public Alley located between Lots 3, 4 boundary line of Lot 2 Access Easement to the as more particularly d July 1, 1993, in Book , the located along the west Block 55 Original Plat of the City or Rochester. ano me ity of Rochester over the part of Lot 2, Block 1, Cummings Addition cribed in the Agreement dated June 29, 1993, and recorded 5 of Misc., Page 263. The facts and reasons for such vacation are as follows: 1_ The south part of the alley was previously vacated in 1993, pursuant to a Resolutic dated May 17, 1993, and recorded in Book L-5 of Misc. on Page 956. The Access Easement referenced above was entered into pursuant to said Resolution. 2. Access to the garages owned by landowners in the alley will be provided by a Right of Way Easement over the west six feet of Lots 3, 4, 5, 6, Block 55, Original Plat of Rochester and the East six feet of Lots 3, 4, 5, 6, Block 1, Cummings Addition. 3. American Cancer Society d/b/a Hope Lodge is the Lessee from Mayo Clinic Rochester, is a party to the Right of Way Easement, and has committed to provide maintenance and repairs to the easement area. FIX * 192Q39 AUG 0 2 2096 Page 1 of 2 ROCHE51ER-nIL!t�TEC_ Page 1 of 1 k Foster Stephanie From: Baker, Mark Imbaker@ci.rochester.mn.us] Sent: Wednesday, August 16, 2006 3:25 PM To: Planning Referrals Cc: Baker Mitzi Subject: VAC#06-10 Public Works has no comment on this request. Note: Mike Nigbur indicated that an access easement still exists over the old vacated alley lying between the south line of the current alley vacation proposal and 2nd St NW Mark E. Baker Land Development Specialist Rochester Public Works (507) 287-2114 7� Foster Stephanie From: Kendall, Donald [Donald.Kendall@gwest.comj Sent: Thursday, August 03, 2006 3:50 PM To: Planning Referrals Subject: FW: referral comments for VAC#06-10 Mayo Clinic Rochester Attachments: REF SENT 08-03-2006 VAC06.10.pdf T REF SENT 03-2006 VACA6-10.1 Qwest has no objection assuming that they will either pay the relocation costs or provide an easement over our existing facilities. Don Kendall Qwest Field Engineer -----Original Message ----- From: Schletty, Julie Sent: Thursday, August 03, 2006 3:24 PM To: Kendall, Donald Subject: FW: referral comments for VAC#06-10 Mayo Clinic Rochester --Original Message ----- From: Foster Stephanie [mailto:foster.stephanie@CO.OLMSTED.MN.US1 Sent: Thursday, August 03, 2006 10:45 AM To: boberle@chartercom.com; corey.hanson@dnr.state.mn.us; dgoslee@ci.rochester.mn.us; dknott@ci.rochester.mn.us; drichardson@rpu.org; dstotz@ci.rochester.mn.us; gkellen@peoplesrec.com; Greg Rowley; Growden Randy; Harford John; jekappers@rochester.kl2.mn.us; jjmosser@charter.net; jschlet@gwest.com; justin.watkins@pca.state.mn.us; Khan Muhammad; Leslie Rivas; Mark Baker; mengle@rpu.org; mnigbur@ci.rochester.mn.us; NRClausen@wpsr.com; nstonel@email.usps.gov; rboose@ci.rochester.mn.us; Reiter Charlie; rfreese@ci.rochester.mn.us; RNRC; rdlenton@wprs.com; rwellik@peoplesrec.com; sara.konrad@pca.state.mn.us; tspaeth@ci.rochester.mn.us; vswisher@ci.rochester.mn.us; Whetstone Bruce; Whitaker Floyd Subject: referral comments for VAC#06-10 Mayo Clinic Rochester Comments must be submitted to our office by August 15, 2006. If you would like to send your continents via email, please email them to planning.referrals@co.olmsted.mn.us. «REF SENT 08-03-2006 VAC06-l0.pdf>> If you have any problems opening this document, please let me know. Thank you! Stephanie Foster, Clerk Specialist 1 Rochester -Olmsted Planning Dept. 2122 Campus DR SE #100 Rochester, MN 55904 507-285-8232 foster.stephanie@co.olmsted.mn.us 1 DA: REQUEST FOR COUNCIL ACTION ORIGINATING DEPT: PLANNING ITEM DESCRIPTION: Vacation Petition #06-06 by Platinum Development. The applicant is proposing to vacate the southerly five feet of right of way for Eastwood road, from 40t° Ave SE west approximately 1494 feet. August 24, 2006 Planning and Zoning Commission Recommendation: MEETING DATE 9-6-06 ITEM AID. Mitzi A. Baker, Senior Planner The Planning & Zoning Commission reviewed this vacation request at the on August 9, 2006 and recommends approval subject to the following. a) Subject to the applicant dedicating a 15' wide utility easement along the entire frontage, within the Rochester Towne Club Villas subdivision plat (#06-17). McGuine moved, Wiesner seconded; The motion carried 6-0. 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. Distribution: 1. City Administrator 2. City Attorney: Copy of legal description is attached 3. Planning Department GIS Division 4. Planning Department File 5. Applicant: This item will be considered by the Council sometime after Council/Board Chambers at the Government Center, 151 4th Street SE. 7:00 p.m. on September 6, 2006, in the COUNCIL ACTION: Motion by second by: to: '7k Rocm-rER-OLMSTED PLANNING DEPARt'MENT 2122 Campus Drive SE, Suite 100 > Rochester, MN 55904-4744 CC U H T r OF www.olmstedcounty.comfplanning 2313TO: City Planning and Zoning Commission FROM: Mitzi A. Baker, Senior Planner Aea�rre4vnt� ��piiiil%fief I DATE: August 3, 2006 RE: Vacation Petition #06-06 by Platinum Development. The applicant is proposing to vacate the southerly five feet of right of way for Eastwood road, from 401h Ave SE west approximately 1494 feet. Planning Department Review: Petitioner(s): Platinum Development Group PO Box 44424 Minneapolis, MN 55344 Consultant: Yaggy Colby Associates 717 Third Ave. SE Rochester, MN 55904 Reason to Vacate: Vacating the right-of-way will reduce the total right- of-way width to coincide with changes to Eastwood Road and development in the immediate vicinity. Referral Comments: Owest Report Attachments: 1. Map Staff Recommendation: Staff recommends approval to vacate the rights -of -way as petitioned, subject to the applicant dedicating a 15' wide utility easement along the entire frontage within the Rochester Towne Club Villas subdivision plat (06-17). BUILDING CODE 507/285-8345 > GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 5071285-8224 PLANNING/ZONING 5071285-8232 • WELLSEPTIC 507/285-8345 FAX 507/287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER FA ,�5 i Foster Stephanie From: Kendall, Donald (Donald.Kendall@gwest.comj Sent: Thursday, July 27, 2006 3:54 PM To: Planning Referrals Subject: FW: Referral comments for VAC#06-06 Platinum Development Attachments: REF SENT 07-13-2006 VAC06-06.pdf REF SENT Qwest will request a minimum 10' easement from new right of way line over our facilities or developer to pay relocation costs. Don K'eYdail/Qwest -: - 1N:.w ..... ;_-` .._.. _...,_._ -----Original Message ----- From: Schletty, Julie Sent: Thursday, July 13, 2006 5:19 PM To: Kendall, Donald Subject: FW: Referral comments for VAC#06-06 Platinum Development -----original Message ----- From: Foster Stephanie[mailto:foster.stephanie@CO.OLMSTED.MN.USI Sent: Thursday, July 13, 2006 3:50 PM To: boberle@chartercom.com; corey.hanson@dnr.state.mn.us; dgoslee@ci.rochester.mn.us; dknott@ci.rochester.mn.us; drichardson@rpu.org; dstotz@ci.rochester.mn.us; gkellen@peoplesrec Greg Rowley; Growden Randy; Harford John; jekappers@rochester.kl2. jjmcsser@charter.net; jschlet@gwest.com; justin.watkins@pca.state. Khan Muhammad; Leslie Rivas; Mark Baker; mengle@rpu.org; mnigbur@ci.rochester.mn.us; NRClausen@wpsr.com; nstonel@email.usps rboose@ci.rochester.mn.us; Reiter Charlie; rfreese@ci.rochester.mn RNRC; rdlenton@wprs.com; rwellik@peoplesrec.com; sara.konrad@pca.state.mn.us; tspaeth@ci.rochester.mn.us; vswisher@ci.rochester.mn.us; Whetstone Bruce; Whitaker Floyd Subject: Referral comments for VAC#06-06 Platinum Development .com; mn.us; mn.us; gov; us; comments must be submitted to our office by July 31, 2006. If you would like to send your comments via email, please email them to planning.referrals@co.olmsted.mn.us. «REF SENT 07-13-2006 VAC06-06.pdf>> If you have any problems opening this document, please let me know. Thank you! Stephanie Foster, Clerk Specialist 1 Rochester -Olmsted Planning Dept. 2122 Campus DR SE #100 Rochester, MN 55904 507-285-8232 foster.stephanie@co.olmsted.mn.us RIGHT—OF—WAY VACATION MAP . _1110k- PART OF EASTWOOD ROAD S.E. vmbCITY OF ROCHESTER, SEC. 8, T106N, R13W V) OLMSTED COUNTY, MINNESOTA 0 100 200 400 NE . 8, 1/4 oEC. � S8, T106N, R13W SCALE IN FEET + r 8 40TH AVENUE S.E. _ iL S0' - I - +: I 1 p .....•.......• ... ...•... C) Iffifflul 33' fU7UR£ CLIL-DE-54C io c — ,-P.O.B.— — r �> EXISTING Bj R/N > • I W 3 J • i� V — ... �. \ a i w �. a : - DETAIL 7 r F NO SCALE —2B' f W F L! 2 � • LLI i t iG e r CLL i ; a W �J • ! F -e-5' 28, \�--Point of Termination f 33' 'ROJECT NUMBER 9677 \�--Point of Termination f 33' 'ROJECT NUMBER 9677 I HEREBY CERTIFY THAT THIS SURVEY, PLAN OR 967Woc.5nn01.C.9 REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY ]ATE OF SURVEY 7/11/06 LICENSED LANE) SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. ENGINEERS- ARCHITECTS SURVEYORS• PLANNERS LANDSCAPE ARCHITECTS )RAFTED BY vIJH .URVEYED BY YCA I DOUGLAS G. RUDE LICENSE EXPIRES 6130�08 URVEYED FOR 22422 717 THIRD AVE. S.E. ROCHESTER, MN 507-288-6464 FAX 507.288-5058 E-MAIL: INFOCYAGGY.CC MINUTES OF THE CITY OF ROCHESTER PLANNING COMMISSION 2122 CAMPUS DRIVE SE — SUITE 100 ROCHESTER MN 55904 Minutes of the regularly scheduled meeting of the City Planning and Zoning Commission held on Wednesday, August 9, 2006, at 7:00 p.m. in the Council/Board Chambers of the Government Center, 151 4th Street SE, Rochester, MN. Members Present: Mr. Jay Burke, Chair; Mr. Jesse Wallace; Ms. Lisa Wiesner; Mr. Vince Barry; Mr. Robert Haeussinger; and Mr. John McGuine Members Absent: Ms. Leslie Rivas, Vice Chair; Mr. Gerald Pestka; and Mr. Paul Ohly Staff Present: Ms. Mitzi A. Baker and Ms. Jennifer Garness Other City Staff Present: Ms. Pat Alf redson, City Attorney SET ORDER OF AGENDA: Mr. Haeussinger moved to approve the agenda, as written. Mr. McGuine seconded the motion. The motion carried unanimously. CONSENT AGENDA: Mr. McGuine made a motion to approve the following consent items noting that the Vacation file number is #06-06 (listed incorrectly on agenda). Ms. Wiesner seconded the motion. • July 26, 2006 minutes • Vacation Petition #06-06 by Platinum Development The motion carried unanimously. PUBLIC HEARINGS: AND Ms. Mitzi A. Baker presented the staff reports, dated August 3, 2006, to the Commission. The staff reports are on file at the Rochester -Olmsted Planning Department. /51 REQUEST FOR COUNCIL ACTION PUBLIC HEARINGS ORIGINATING DEPT: PLANNING MEETING DATE: �brM ITEM NO. F- y ITEM DESCRIPTION: Preliminary Plat #06-17, by Platinum Development to be PREPARED BY: known as Rochester Towne Club Villas. The Plat includes approximately 5.61 Mitzi A. Baker, acres of land to be subdivided into 24 lots for single family development. The Senior Planner property is located along the south side of Eastwood Road SE, west of 401" Ave SE adjacent to Eastwood Golf Course (new portion). August 24, 2006 City Planning and Zoning Commission Recommendation: The City Planning and Zoning Commission held a public hearing on August 9, 2006 to consider this preliminary plat. Mr. Haeussinger moved to recommend approval of Preliminary Plat #06-17 with the staff -recommended findings and conditions. Mr. Wallace seconded the motion. The motion carried 6-0. 1. The applicant agrees that this subdivision will have an impact on the need for Parkland and that the dedication requirements are outlined in the memorandum from the Park and Recreation Department dated July 17, 2006. 2. Fire hydrants (not shown) are required along this plat. Due to the water main being installed within the boulevard area to minimize street reconstruction the hydrants will need to be placed within the platted lots, Just south of the sidewalk. Either utility easement "bump -outs" or a wider front yard easement is required to accommodate the hydrant placements. 3. Right-of-way dedication along the east side of Lot 24 shall be eliminated from this Plat, unless the abutting portion is otherwise platted or dedicated or established by other means. 4. The Plat shall be revised to dedicate access control along the entire east line of Lot Block 1, and the easterly 50 feet. 5. The Plat shall be revised to widen the utility easement along the entire south line of Eastwood Road from 10 feet to 15 feet. Council Action Needed: 1. The Council may approve, approve with conditions, or deny the Land Subdivision Permit. The Council must make findings of fact as a basis for the decision. Distribution:„ 'vCr 1. City Administrator i 2. City Attorney 3, Planning Department File 4. Applicant: This item will be considered some time after 7:00 p.m. on WEDNESDAY September 6, 2006 in the Council / Board Chamber at the Rochester - Olmsted Government Center Building COUNCIL ACTION: Motion by: Second to: -w@ y gp� i`J� 544..E .I y11511 yR ; a �tsg�h'�!`�� OF a�'� I t I y ' �M�4{ty O V111/T/J�in :dS"I`��f� 14 NO till gw d� �� �� � lips - f� • p JIYI Oil, d r RUK IN t',°_,"�'+� �rl '+Q�� k' .'[t1K�i6p�•frLf Yr�p �7;�w i � INN11 ppg es ! / 3saM"�46 ✓�„a� l� �44 ��.iA`�._v. � ' g.cesRr.+. R V 41 ` rLm. . �i J/�iv4 I 00 Rim- Ina .. i3�:tf 75 3wld $,neiund I I I I I I Cr) v .4. J m I I I m A C7 4. C. M m 0 W 1 i 'a O I fL I V p) N I\ YY� w LO tx ug U 8 lb'ld .l?Jdt•W' '11321d � €esF=gE :` YICMNNIW 'daZROOM SVIIIA anlJ 3NMO1213153HDOS ;2 f0,5Z.OBl F7—177 L -+_T_"_� L LIJ . 2e — � � �i F��`t sa s• ff 4 O 5a jjSi{gQ!g dss js$ '➢ibd�e:�s E't Ld 0 O N T1 I \XRot-RESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 1DO • Rochester, MN 55904-4744 A C U Y M T Y OF www.olmstedcounty.com/planning TO: City Planning and Zoning Commission �I��reT2\)lsrw¢�� p�..y�iJpny�iO FROM: Mitzi A. Baker, Senior Planner DATE: August 3, 2006 RE: Preliminary Plat #06-17, by Platinum Development to be known as Rochester Towne Club Villas. The Plat includes approximately 5.61 acres of land to be subdivided into 24 lots for single family development. The property is located along the south side of Eastwood Road SE, west of 40th Ave SE adjacent to Eastwood Golf Course (new portion). Planning Department Review: Applicant/Owner: Platinum Development Group PO Box 44424 Minneapolis, MN 55344 Engineer: Yaggy Colby Associates 717 Third Avenue SE Rochester, MN 55904 Report Attachments: 1. Land Development Manual Excerpts 2. Referral Comments 3. Copy of Preliminary Plat 4. Copy of GDP Development Review: Zoning: The property included in this Plat is zoned R-1 X (Mixed Single Family Extra). Roadways: The Plat proposes to dedicate a portion of the right-of-way for a southern extension of 40'h Ave SE, south of Eastwood Road. Utilities: Utilities will be extended from their present ends. Homes with main finished floors above the elevation 1214 will need 1 '/2 inch copper water services installed from the water main to the buildings to reduce the pressure loss from the pipe at higher flow rates. Sidewalks: Pedestrian facilities will be required throughout the development on both sides of all public roads. Drainage: This property generally slopes from Eastwood Road to the south, BUILDING CODE 507/285-8345 • GISIADDRESSING(MAPPING 507/285-8232 - HOUSINGIHRA 507/285-8224 PLANNING20NING 507/285-8232 • WELUSEPTIC 507/285-8345 FAX 5071287-2275 AN EQUAL OPPORTUNITYIAFFIRMATIVE ACTION EMPLOYER II Page 2 August 3, 2006 toward the new 9 holes of the Eastwood Golf Course. Detailed grading and drainage plans will also be required when the property is platted or developed. Wetlands: A Wetland replacement plan has been approved for the Rochester Towne Club project. This plan incorporates the approved Wetland plan. Spillover Parking: Spillover parking required for this development is 33 spaces, which should be accommodated on -street as well as in driveways. Parkland Dedication: The Park and Recreation Department recommends that dedication requirements be met via: Deferred dedication with dedication to consist of the neighborhood park identified as Outlot B Rochester Towne Club Village. By prior agreement, parkland dedication for the Rochester Towne Club development to be met via the exchange of current and proposed golf course property and the dedication of Outlot B. Dedication to occur when the park site is accessed via public street or when the City wishes to begin development of the park. General Development The plat is generally consistent with GDP # 258 approved on July Plan: 18, 2005. Staff Review and Recommendation: Section 64.128 of the LDM clearly prohibits partial ROW dedication, except where the remainder of the necessary ROW has already been platted, dedicated or established by other means. Since that is the case, the Plat will need to be revised to eliminate the partial dedication of right-of-way adjacent to the east side of Lot 24. 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. Staff recommends approval, subject to the following conditions/revisions to assure compliance with the Rochester Zoning Ordinance and Land Development Manual: 1. The applicant agrees that this subdivision will have an impact on the need for Parkland and that the dedication requirements are outlined in the memorandum from the Park and Recreation Department dated July 17, 2006. 2. Fire hydrants (not shown) are required along this plat. Due to the water main being installed within the boulevard area to minimize street reconstruction the hydrants will need to be placed within the platted lots, just south of the sidewalk. Either utility easement "bump -outs" or a wider front yard easement is required to accommodate the hydrant placements. 3. Right-of-way dedication along the east side of Lot 24 shall be eliminated from this Plat, unless the abutting portion is otherwise platted or dedicated or established by other means. 4. The Plat shall be revised to dedicate access control along the entire east line of Lot 21, Block 1, and the easterly 50 feet. 5. The Plat shall be revised to widen the utility easement along the entire south line of Eastwood Road from 10 feet to 15 feet. 0 4('}' ` Page 3 VVVLLL August 3, 2006 REMINDER TO APPLICANT: • 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. • Prior to development, the property owner will need to execute a City Owner Contract for construction of the public roadways and utilities. Page 4 Vd August 3, 2006 Excerpt from the Rochester Zoning Ordinance and Land Development Manual 61.225 Findings 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 or 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 six -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 residential zoning district, addresses the need for spillover parking consistent with the requirements of Section 63.426; H. That right-ot-ways and easements of adequate size and dimension 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; 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, O. That any land located within Zone A as shown on the currently adopted Flood Boundary and Floodway Maps of 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 limitations 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 or state law, or city or county ordinance; and 0. That the proposed land subdivision permit is consistent with any approved and applicable General Development Plan, Conditional Use Permit or Traffic Impact Study. i V 61.226 Conditions on Approvals: In considering an application for a development permit to allow a land subdivision, the approving body shall consider and may impose modifications or conditions to the extent that such modifications or conditions are necessary to insure compliance with the criteria of Section 61,225. ROCHESTER M 4, o TO: Consolidated Planning Department 2122 Campus Drive SE DEPARTMENT WORKS PUBLIC Rochester, MN 55904 201 4" Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 FROM: Mark E. Baker DATE: 7/31/06 The Department of Public Works has reviewed the application for Preliminary Plat #06-17, for the proposed Rochester Towne Club Villas development. The following are Public Works comments on this request: 1. A Development Agreement has been executed for this Property and all development is subject to the terms of the Agreement. 2. Grading & Drainage Plan approval is required prior to Final Plat submittal. Storm water management must be provided for this development, and specific obligations are addressed in the Development Agreement. 3. Dedication of Controlled Access is required on the Final Plat, along the entire east line of proposed Lot 24, Block 1, abutting 40ih Ave SE and the easterly 50 ft of the north line of said Lot 24 extending form the 40th Ave SE right-of-way. 4. Preliminary Construction plans will be reviewed and comments forwarded separately to the applicant's Consulting Engineer. 5. Execution of a City -Owner Contract is required prior to construction of public infrastructure to serve this development. Development Charges/fees applicable to the development of this property are/will be addressed in the Development Agreement and City -Owner Contract C:\Documents and Settings\plastost\Local Settings\Temporary Internet Files\0LK1C\PP06-17 Rochester Towne Club Villas.doc - - rpu we plydfr. we drltver July 28, 2006 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Preliminary Plat #06-17 by Platinum Development to be known as Rochester Towne Club Villas. Dear Ms. Garness: Our review of the referenced preliminary plat is complete and our comments follow: 1. Static water pressures will range from 61 to 80 PSI within this area. 2. Fire hydrants (not shown) are required along this plat. Due to the water main being installed within the boulevard area to minimize street reconstruction the hydrants will need to be placed within the platted lots, just south of the sidewalk. Either utility easement "bump -outs" or a wider front yard easement is required to accommodate the hydrant placements. 3. Individual water services are required for each lot. 4. Future intersection grades must be determined within the 401h Ave. SE area to extend the water main as shown within the future roadway. 5. 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, od6OA &— Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Bureau Gary Schick, Building & Safety Mark Herman, Platinum Development Yaggy Colby Associates Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 �g1ME30T, Minnesota Department L,; . ransportation Minnesota Department of Transportation - District 6 2900 48" Street N.W. or" Rochester, MN 55901-5848 July 28, 2006 Stephanie Foster Rochester Olmsted Planning Department 2122 Campus Drive SE - Suite 100 Rochester, MN 55904 Office Tel: 507-280-3188 Fax: 507-285-7279 E-mail: chris.moates@dot.state.mn.us RE: Preliminary Plat #06-18 by Platinum Development, to be known as Rochester Towne Club Village. The Plat proposed to subdivide approximately 35.8 acres of land into 89 lots for low density residential development and two Outlots. The Plat is located south of Eastwood Road, east of Harbor Drive SE and adjacent to Eastwood Golf Course. US 14, CS 5503 Preliminary Plat #06-17, by Platinum Development to be known as Rochester Towne Club Villas. The Plat includes approximately 5.61 acres of land to be subdivided into 24 lots for single family development. The property is located along the south side of Eastwood Road SE, west of 40`s Ave SE adjacent to Eastwood Golf Course (new portion). US 14, CS 5503 Dear Ms. Foster: Minnesota Department of Transportation (Mn/DOT) District 6 staff has reviewed both Preliminary Plat 906-18 and Preliminary Plat 906-17 by Platinum Development to be known as Rochester Towne Club Village and Rochester Towne Club Villas respectively. Mn/DOT requests the City of Rochester continue working with Tom Streiff, Roadway Regulations Supervisor, to ensure all requirements and special provisions are met for Permit #A-2006-13003. Mn/DOT appreciates having the opportunity to respond to all stages of this proposal. If there are any questions, you may contact Debbie Persoon-Bement, Transportation Specialist at (507)281-7777. Sincerely, Chris Moates District 6 Planning Director cc: Richard Freese Nelrae Succio Greg Paulson Mike Kempinger Thomas Streiff Debbie Persoon-Bement File nnce_fis1iens JV The hand to reach for... DAVID A. KAPLER Fire Chief DATE: July 27, 2006 TO: Jennifer Garness, Planning FROM: R. Vance Swisher, Fire Marshal SUBJ: Preliminary Plat #06-17 by Platinum Development to be known as Rochester Towne Club Villas. With regard to the above noted project plan, the fire department has the following requirements: 1. An adequate water supply shall be provided for fire protection including hydrants properly located and installed in accordance with the specifications of the Water Division. Hydrants shall be in place prior to commencing building construction. a) The minimum fire flow for this residential development area shall be no less than 1,000 gpm at 20 psi. 2. Streets and roadways shall be as provided in accordance with the fire code, RCO 31 and the Zoning Ordinance and Land Development Manual. Emergency vehicle access roadways shall be serviceable prior to and during building construction. a) Minimum street width shall not be less than 20 feet clear drivable width. b) Streets less than 32 feet in width shall be posted "No Parking" on one side of the street. Streets less than 26 feet in width shall be posed "No Parking" on both sides of the street. 3. All street, directional and fire lane signs must be in place prior to occupancy of any buildings. 4. All buildings are required to display the proper street address number on the building front, which is plainly visible and legible from the street fronting the property. Number size must be a minimum 4" high on contrasting background when located on the building and 3" high if located on a rural mail box at the public road fronting the property. Reflective numbers are recommended. c: Donn Richardson — RPU Water (e-mail only) Mark Baker— Rochester Public Works (e-mail only) Platinum Development Yaggy Colby Associates (e-mail only) WETLAND COMMENTS FOR DEVELOPMENT APPLICATIONS Application Number: Pp#06-17 Rochester Towne Club Villas No hydric soils exist on the site based on the Soil Survey Hydric soils exist on the site according to the Soil Survey. The property owner is responsible for identifying wetlands on the property and submitting the information as part of this application. A wetland delineation has been carried out for the property and is on file with the Planning Department. A wetland delineation is on file with the Planning Department and a No -Loss, Exemption, or Replacement Plan has been submitted to the Planning Department. ® A wetland related application has been approved by the City. This plan incorporates the approved wetland plan. No hydric soils exist on the property based on the Soil Survey. However, due to the location in the landscape, the property owner should examine the site for wetlands. The property owner is responsible for identifying wetlands. 1-1 Other or Explanation: From John Harford Wetlands LGU Representative i IQO"( ROCHESTER PARK AND RECREATION {' Rochester, MfY DEPARTMENT DATE: July 17, 2006 TO: Jennifer Garness Planning RE: Rochester Towne Club Villas Prelim Plat #06-17 Acreage of plat ........................... ............................... 5.61 a Number of dwelling units ............................................. A Densityfactor............................................................ .0244 The Park and Recreation Department recommends that dedication requirements be met via: Deferred dedication with dedication to consist of the neighborhood park identified as Outlot B Rochester Towne Club Village. By prior agreement, parkland dedication for the Rochester Towne Club development to be met via the exchange of current and proposed golf course property and the dedication of Outlot B. Dedication to occur when the park site is accessed via public street or when the City wishes to begin development of the park. OAPARK DEDICATION1200ME 2595\ROCHESTER TOWN CLUB VILLAS.DOC O MINUTES OF THE CITY OF ROCHESTER PLANNING COMMISSION 2122 CAMPUS DRIVE SE — SUITE 100 ROCHESTER MN 55904 Minutes of the regularly scheduled meeting of the City Planning and Zoning Commission held on Wednesday, August 9, 2006, at 7:00 p.m. in the Council/Board Chambers of the Government Center, 151 4th Street SE, Rochester, MN. Members Present: Mr. Jay Burke, Chair; Mr. Jesse Wallace; Ms. Lisa Wiesner; Mr. Vince Barry; Mr. Robert Haeussinger; and Mr. John McGuine Members Absent: Ms. Leslie Rivas, Vice Chair; Mr. Gerald Pestka; and Mr. Paul Ohly Staff Present: Ms. Mitzi A. Baker and Ms. Jennifer Garness Other City Staff Present: Ms. Pat Alfredson, City Attorney SET ORDER OF AGENDA: Mr. Haeussinger moved to approve the agenda, as written. Mr. McGuine seconded the motion. The motion carried unanimously. CONSENT AGENDA: Mr. McGuine made a motion to approve the following consent items noting that the Vacation file number is #06-06 (listed incorrectly on agenda). Ms. Wiesner seconded the motion. • July 26, 2006 minutes • Vacation Petition #06-06 by Platinum Development The motion carried unanimously. PUBLIC HEARINGS: Ms. Mitzi A. Baker presented the staff reports, dated August 3, 2006, to the Commission. The staff reports are on file at the Rochester -Olmsted Planning Department. /\N Page 2 City Planning and Zoning Commission Minutes Hearing Date: August 9, 2006 Ms. Baker handed out an email received on August 9, 2006 from Martin & Charlotte Peterman. This email is on file at the Rochester -Olmsted Planning Department. Mr. Wallace asked if the 1 Y= inch copper water pipes would be required for new home construction. Ms. Baker yes. Discussion ensued regarding a 60 foot wide lot width. The applicant's representative, Bryan Holtz, from Yaggy Colby Associates (717 Third Avenue SE, Rochester MN 55904), addressed the Commission. He explained that the applicant did not object to staffs recommendation. However, he did note that they would continue discussions with Rochester Public Works regarding reducing the access dedication. Mr. Dennis Nelson (residing at 3100 151" Street SE, Rochester MN 55904) addressed the Commission. He questioned how the roadway connections were designed. Ms. Baker explained that they are identified conceptually. Mr. Cedric Schutz (residing at 1123 Golfers Court SE, Rochester MN 55904) addressed the Commission. He stated that he was in favor of the proposed plans. However, he expressed concern regarding timing, elevations, narrow roadways, and safety concerns for the first few lots by the proposed cul-de-sac. He asked that the "city section" be on the back side. Mr. Burke asked if the "city section" (curb and gutter vs. open ditch) would be completed when the road was cut off. Ms. Baker asked Mr. Holtz to respond. Mr. Holtz explained that the south side of Eastwood Road would be reconstructed into an urban section and the whole segment of Eastwood Road would have an overlay of 2 inches of bituminous. He stated that the north side of Eastwood Road would remain as a rural section. Mr. Holtz stated that the speed limit would be reposted for 30 miles an hour. Ms. Baker explained that, long term, the cul-de-sac would be constructed and would only have 24 lots using the roadway and alleviating Mr. Schutz's safety concerns. With no one else wishing to be heard, Mr. Burke closed the public hearing. Mr. Haeussinger moved to recommend approval of Preliminary Plat #06-17, by Platinum Development to be known as Rochester Towne Club Villas with the staff -recommended findings and conditions. Mr. Wallace seconded the motion. The motion carried 6-0. CONDITIONS: 1. The applicant'agrees that this sub"division will have an impact on the need for Parkland and that the dedication, requirements are .outlined in the memorandum from the Park and Recreation Department dated July, 17; M6. 2. Fire hydrants (not shown) are required along this plat Due to the water main being' l Page 3 City Planning and Zoning Commission Minutes Hearing Date: August 9, 2006 3. Right-of-waj Plat, unless other mean., 4.`' The Plat sh< 21, Block 1, 5.; The Plat sh', Eastwood R Mr. McGuine moved to recommend�app�ovai of Prelin lnary PIA(#06'-J by Platinum Development, to be knownas RocheSterTowne Club Village with the staff -recommended findings and conditions Mr; Barry s- otion Y`hetnatFM iot arrped 6 0 �t -.A.ve i`u x? d' r t nverFc CONDITIONSTT ��4 �u r 1) Y_ Th%alict Pphcan#agrees that vasir n yvil ays a i impact o -- 'a Parklandd ththeed�ca q exoutlmed in th a randu is Otte Park and Re realign Opalrtmd t# 006 „iw Y."G: � F� tv E ✓$��°C "S ,,i M+ —'3E " �Ye tf w �. :: � x+ '. 2) The p, snail: be rev latis-PAF% a) dedicate access control aiong'`Trowne .Club Frarkway SB;exdept for the'approved public road 1pcations, and alsowtthin,_the first _5 feet of altgp7oposed roadways E., ezfending (igm the interseetinq o,ieTavir,e b Paleway rgb#-of watt and' b ren70Ve QU#lot A OTHER BUSINESS: 1. As may be brought up with members No discussion items were brought forward. ADJOURN: Motion made by Ms. Wiesner to adjourn, seconded by Mr. Barry. Mr. Burke, Chair, adjourned the meeting at 7:25 p.m. Respectfully Submitted: Philip H. Wheeler, AICP Mr. Jay Burke, Chair jig REQUEST FOR COUNCIL ACTION MEETING DATE: 9-T-T6__ AGENDA SECTION: ORIGINATING DEPT: I I t� PUBLIC HEARINGS PLANNING ITEM DESCRIPTION: Preliminary Plat #06-18 by Platinum Development, to be PREPARED BY: known as Rochester Towne Club Village. The Plat proposes to subdivide Mitzi A. Baker, approximately 35.80 acres of land into 89 lots for low density residential Senior Planner development and two Outlots. The Plat also proposes to dedicate right-of-way for several public roadways including the extension of Harbor Heights Court SE. The Plat is located south of Eastwood Road, east of Harbor Drive SE and adjacent to Eastwood Golf Course. August 30, 2006 On August 22, 2006 the applicant filed a REVISED preliminary Plat. As a result, staff recommends modifications to the conditions recommended by the Planning and Zoning Commission. The revisions are identified as underlined text for new language and strikethrough text for language to be deleted. City Planning and Zoning Commission Recommendation: The City Planning and Zoning Commission held a public hearing on August 9, 2006 to consider this preliminary plat. Mr. Haeussinger moved to recommend approval of Preliminary Plat #06-17 with the staff -recommended findings and conditions. Mr. Wallace seconded the motion. The motion carried 6-0. 1. The applicant agrees that this subdivision will have an impact on the need for Parkland and that the dedication requirements are outlined in the memorandum from the Park and Recreation Department dated ,.2906 August 24, 2006. 2. The plat shall be revised to: a) dedicate access control along Towne Club Parkway SE except for the approved public road locations, and also within the first 75 feet of all proposed roadways extending from the intersection of the Towne Club Parkway right-of-way; and b) remove 9aMet-Et Council Action Needed. 1. The Council may approve, approve with conditions, or deny the Land Subdivision Permit. The Council must make findings of fact as a basis for the decision. Distribution: titititi� 1. City Administrator 2. City Attorney 3. Planning Department File 4. Applicant: This item will be considered some time after 7:00 p.m. on WEDNESDAY September 6, 2006 in the Council Board Chamber at the Rochester - Olmsted Government Center Building COUNCIL ACTION: Motion by: Second by: to: ; £® � agAA� � ; = , _._,_. . ■ | £� 5 Dg w¥o @i HD e-�' 22, 2006 Mitzi Baker Rochester -Olmsted Planning Department 2122 SE Campus Drive 3D, Rochester, MN 55904 RE: Revised Preliminary Plat Rochester Towne Club Village Rochester, Minnesota Dear Mitzi: Platinum Development requests the enclosed revised preliminary plat replace the previously submitted preliminary plat, which was approved by the Planning Commision on August 9, 2006. The revised plat incorporates all the conditions set forth by the Planning Commision. It also includes lot revisions to Block 5, which is now shown on the revised preliminary plat as Block 4. This block was originally shown with 13 lots, the revised preliminary plat shows 15 lots. Outlot A was removed from the revised preliminary plat and Outlot B was renamed Outlot A. After the removal of Outlot A the total number of lots on the revised preliminary plat are 92 versus the originally submitted preliminary plat's 91. Platinum Development requests this revised preliminary plat remain on the same approval schedule as the originally sumbitted preliminary plat Please call if you have any questions or if additional information is required. Sincerely, YAGGY COLBY ASSOCIATES Bryan Holtz YCA #9676 LD2 Attachment REVISED RECE l'ti ED AUK 2 2 2006 ROCn Ea iER-OLMoTED PLA.NN'ti-_ YAGGY COLBY ASSOCIATES E061011RS ORCRITCCTS IOROSCOP I PHCOITCCTS sOROE400s Be the Ste- Office 717 Third Avenue SE Rochester, MN 55904 507-288-6464 507-288-5058 Fax ■ mpls/st Paul Office: 651-681-9040 Nastials Office: 651-437-2909 IOasoe City Office: 641-424-6344 Oelafield Office: 262-646-6855 V 1.4m ROCHESTER PARK AND RECREATION Roch DEPARTMENT DATE: August 24, 2006 TO: Jennifer Garness Planning RE: Rochester Towne Club Village (Revised) Prelim Plat #06-18 Acreageof plat.......................................................... 35.80 a Number of dwelling units ............................................. NA Density factor............................................................ .0244 The Park and Recreation Department recommends that dedication requirements be met via: Deferred dedication with dedication to consist of the neighborhood park identified as Outlot A Rochester Towne Club Village. By prior agreement, parkland dedication for the Rochester Towne Club development to be met via the exchange of current and proposed golf course property and the dedication of Outlot A. Dedication to occur when the park site is accessed via public street or when the City wishes to begin development of the park. C:\Documents and Settings\plasfost\Local settings\Temporary Intemet Files\OWMROCHESTER TOWN CLUB VILLAGE REV.DOC ROCHESTER g\ TO: Consolidated Planning Department DEPARTMENT OF PUBLIC 2122 Campus Drive SE WORKS Rochester, MN 55904 201 4°i Street BE Room 108 Rochester, MN 55904-3740 507.287-7800 FAX — 507-281-6216 FROM: Mark E. Baker DATE: 7/31/06 REVISED APPLICATION COMMENTS 8/28/06 The Department of Public Works has reviewed the application for Preliminary Plat #06-18, for the proposed Rochester Towne Club Village development. The following are Public Works comments on this request from 7/31. There are no new comments, and prior comment #4 is no longer applicable based on the revised plan: 1. A Development Agreement has been executed for this Property and all development is subject to the terms of the Agreement. 2. Grading & Drainage Plan approval is required prior to Final Plat submittal. Storm water management must be provided for this development, and specific obligations are addressed in the Development Agreement. 3. Dedication of Controlled Access shall be shown on the Final Plat along the entire frontage of Towne Club Parkway, with the exception of approved street access locations. In addition, Controlled Access shall be shown on the Final Plat within the first 75 feet of all proposed streets extending from the intersection of the Towne Club Parkway right-of-way. 5. Preliminary Construction plans will be reviewed and comments forwarded separately to the applicant's Consulting Engineer. 6. Execution of a City -Owner Contract is required prior to construction of public infrastructure to serve this development. Development Charges/fees applicable to the development of this property are/will be addressed in the Development Agreement and City -Owner Contract C:\Documents and Settings\plasfost\Local Settings\Temporary Internet Files\OLK1 C\PP06-18 Rochester Towne Club Village REVISED 8-28-06.doe i{i < ROCHESTER TOWNE CLUB 9'IN � ROCFIESTER, MINNESOTA [ o RE D GENERAL DEVELOPMENT I- AN g°i OCflESTER• 133 / R00ASTER-OLMSTED PLANNING DEPAxfMENT DF•4............... KrpHF� 2122 Campus Drive SE, Suite 100 •Rochester, MN 55904-4744 u• •a ee www.olmstedcounty.com/planning f`•. ;•'.,�" 7L�bL{/W �pOR4 TE 6:A0Gll5C•Y PO TO: City Planning and Zoning Commission FROM: Mitzi A. Baker, Senior Planner DATE: August 3, 2006 RE: Preliminary Plat #06-18 by Platinum Development, to be known as Rochester Towne Club Village. The Plat proposes to subdivide approximately 35.80 acres of land into 89 lots for low density residential development and two Outlots. The Plat also proposes to dedicate right-of-way for several public roadways including the extension of Harbor Heights Court SE. The Plat is located south of Eastwood Road, east of Harbor Drive SE and adjacent to Eastwood Golf Course. Planninct Department Review: Applicant/Owner: Platinum Development Group PO Box 44424 Minneapolis, MN 55344 Engineer: Yaggy Colby Associates 717 Third Avenue SE Rochester, MN 55904 Report 1, Land Development Manual Excerpts Attachments: 2. Referral Comments 3. Copy of Preliminary Plat 4. Copy of GDP Development Review: Zoning: The property included in this Plat is zoned R-1 X (Mixed Single Family Extra). Roadways: The plat proposes to dedicate right of way for several new roadways, including an extension of Harbor Heights Ct, a new road extending south from Towne Club parkway SE and three cul-de-sacs. Roadway names have not been proposed at this time. The Plat will need to be revised to identify access control along the frontage of Towne Club Parkway SE, except for the public rod openings. Ut BUILDING CODE 507/285-8345 • GISlADDRESSING/MAPPING 5071285-8232 • HOUSING/HRA 507/285-8224 � PLANNINGIZONING 507/285-8232 • WELLISEPTIC 5071285-8345 FAX 507/287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 August 3, 2006 Homes with main finished floors above the elevation 1214 will need 1 1/2 inch copper water services installed from the water main to the buildings to reduce the pressure loss from the pipe at higher flow rates. Sidewalks: Pedestrian facilities will be required throughout the development on both sides of all public roads. Drainage: The property has varied topography with the highest area near the City water tower site. Detailed grading and drainage plans will also be required when the property is platted or developed. Wetlands: A Wetland replacement plan has been approved for the Rochester Towne Club project. This plan incorporates the approved Wetland plan. Spillover Parking: Spillover parking required for this development is 106 spaces, which will be accommodated on -street as well as in driveways. Parkland The Park and Recreation Department recommends that dedication Dedication: requirements be met via: Deferred dedication with dedication to consist of the neighborhood park identified as Outlot B Rochester Towne Club Village. By prior agreement, parkland dedication for the Rochester Towne Club development to be met via the exchange of current and proposed golf course property and the dedication of Outlot B. Dedication to occur when the park site is accessed via public street or when the City wishes to begin development of the park. General The plat is generally consistent with GDP # 258 approved on July 18, Development Plan: 2005. Staff Review and Recommendation: This Plat re -plats Outlot A and Oultot C, and the north 28 feet of Outlot B, Rochester Towne Club Second. 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. Staff recommends approval, subject to the following conditions/revisions to assure compliance with the Rochester Zoning Ordinance and Land Development Manual: 1. The applicant agrees that this subdivision will have an impact on the need for Parkland and that the dedication requirements are outlined in the memorandum from the Park and Recreation Department dated July 17, 2006 2. The plat shall be revised to: a) dedicate access control along Towne Club Parkway SE except for the approved public road locations, and also within the first 75 feet of all proposed roadways extending from the intersection of the Towne Club Parkway right-of-way; and b) remove Outlot A Page 3 August 3, 2006 REMINDER TO APPLICANT: • Approved grading, drainage and construction plans and an executed Development Agreement 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. • Prior to development, the property owner will need to execute a City Owner Contract for construction of the public roadways and utilities. co Page 4 `^ August 3, 2006 Excerpt from the Rochester Zoning Ordinance and Land Development Manual 61.225 Findings 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 or 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 six -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 residential 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 dimension 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; 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; O. That any land located within Zone A as shown on the currently adopted Flood Boundary and Floodway Maps of 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 limitations 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 or state law, or city or county ordinance; and O. That the proposed land subdivision permit is consistent with any approved and applicable General Development Plan, Conditional Use Permit or Traffic Impact Study. i Page 5 August 3, 2006 51.226 Conditions on Approvals: In considering an application for a development permit to allow a land subdivision, the approving body shall consider and may impose modifications or conditions to the extent that such modifications or conditions are necessary to insure compliance with the criteria of Section 61.225. on C'x & /@crrat`o ROCHESTER PARK AND RECREATION DEPARTMENT DATE: July 17, 2006 TO: Jennifer Garness Planning RE: Rochester Towne Club Village Prelim Plat #06-18 Acreageof plat.......................................................... 3S.80 a Number of dwelling units. ............................................ NA Densityfactor............................................................ .0244 The Park and Recreation Department recommends that dedication requirements be met via: Deferred dedication with dedication to consist of the neighborhood park identified as Outlot B Rochester Towne Club Village. By prior agreement, parkland dedication for the Rochester Towne Club development to be met via the exchange of current and proposed golf course property and the dedication of Outlot B. Dedication to occur when the park site is accessed via public street or when the City wishes to begin development of the park. The Park Department, specifically the Golf Division, does not support the 20' wide Outlot A which is assumed to shown to provide pedestrian access to the golf course. This type of unregulated access to public golf course is access the department has gone to great lengths (via fencing and gates) to discourage at other courses. Not only would such an access encourage unauthorized golf play on the course, it would tend to put pedestrians who wander onto the course at risk of being hit by golf balls. The outlot would also provide opportunity for unauthorized access by snowmobile, dirt bikes etc ... all of which are a problem in course management. The Park Department requests that the outlot be removed from the plat. As is the normal practice in reviewing plats, it should be noted that outlots such as Outlot A are to be a minimum of 30' in width. CADocuments and Settings\plambake\Local Settings\Temporary Internet Files\OLK246\ROCHESTER TOWN CLUB VILLAGE.DOC J ROCHESTER HU TO: Consolidated Planning Department DEPARTMENT OF PUBLIC 2122 Campus Drive SE WORKS Rochester, MN 55904 201 4'" Street SE Room 108 Rochester, MN 55904-3740 507-287-7500 FAX — 507-281-6216 FROM: Mark E. Baker DATE: 7/31/06 The Department of Public Works has reviewed the application for Preliminary Plat #06-18. for the proposed Rochester Towne Club Village development. The following are Public Works comments on this request: 1. A Development Agreement has been executed for this Property and all development is subject to the terms of the Agreement. 2. Grading & Drainage Plan approval is required prior to Final Plat submittal. Storm water management must be provided for this development, and specific obligations are addressed in the Development Agreement. 3. Dedication of Controlled Access shall be shown on the Final Plat along the entire frontage of Towne Club Parkway, with the exception of approved street access locations. In addition, Controlled Access shall be shown on the Final Plat within the first 75 feet of all proposed streets extending from the intersection of the Towne Club Parkway right-of-way. 4. The proposed Outlet `A' would provide unregulated access to the Golf Course and would not be desirable for Golf Course operations. This Outlet should be removed from the plat. S. Preliminary Construction plans will be reviewed and comments forwarded separately to the applicant's Consulting Engineer. 6. Execution of a City -Owner Contract is required prior to construction of public infrastructure to serve this development. Development Charges/fees applicable to the development of this property are/will be addressed in the Development Agreement and City -Owner Contract C:0ocuments and Settings\plasfosni-ocal SettingslTemporary Internet Files10LK1 C',PP06-16 Rochester Towne Club Village.doc l C0,0""0>4 Minnesota Department -Transportation �¢ Minnesota Department of Transportation - District 6 p~ 2900 480' Street N.W. OP "NO Rochester, MN 55901-5848 July 28, 2006 Stephanie Foster Rochester Olmsted Planning Department 2122 Campus Drive SE -Suite 100 Rochester, MN 55904 Office Tel: 507-290-3188 Fax: 507-285-7279 E-mail: chris.moates@dot.state.mmus RE: Preliminary Plat #06-18 by Platinum Development, to be known as Rochester Towne Club Village. The Plat proposed to subdivide approximately 35.8 acres of land into 89 lots for low density residential development and two Outlots. The Plat is located south of Eastwood Road, east of Harbor Drive SE and adjacent to Eastwood Golf Course. US 14, CS 5503 Preliminary Plat #06-17, by Platinum Development to be known as Rochester Towne Club Villas. The Plat includes approximately 5.61 acres of land to be subdivided into 24 lots for single family development. The property is located along the south side of Eastwood Road SE, west of 40th Ave SE adjacent to Eastwood Golf Course (new portion). US 14, CS 5503 Dear Ms. Foster: Minnesota Department of Transportation (Mn/DOT) District 6 staff has reviewed both Preliminary Plat #06-18 and Preliminary Plat #06-17 by Platinum Development to be known as Rochester Towne Club Village and Rochester Towne Club Villas respectively. Mn/DOT requests the City of Rochester continue working with Tom Streiff, Roadway Regulations Supervisor, to ensure all requirements and special provisions are met for Permit #A-2006-13003. Mn/DOT appreciates having the opportunity to respond to all stages of this proposal. If there are any questions, you may contact Debbie Persoon-Bement, Transportation Specialist at (507) 281-7777. Sincerely, Chris Moates District 6 Planning Director cc: Richard Freese Nelrae Succio Greg Paulson Mike Kempinger Thomas Streiff Debbie Persoon-Bement File DOCS4511608 r u (' we pr'rdgc, we ,dri,Ser July 31, 2006 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Preliminary Plat #06-18 by Platinum Development to be known as Rochester Towne Club Village. Dear Ms. Gamess: Our review of the referenced preliminary plat is complete and our comments follow: 1. Static water pressures will range from 37 to 75 PSI within this area. Homes with main finished floors above the elevation of 1214 (approx. 40 PSI) need 1 1/2" copper water services installed from the water main to the buildings to reduce the pressure loss from the pipe at higher flow rates. Also this low pressure should be taken into account with the design of the interior plumbing systems for each home as required by the Minnesota Plumbing Code. 2. 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, 0644A P 141 Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Bureau Gary Schick, Building & Safety Mark Hemann, Platinum Development Yaggy Colby Associates Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507--7.80-1540 facsimile 507-280-1542 0� The hand to reach for,.. DAVID A. KAPLER Fire Chief DATE: July 27, 2006 TO: Jennifer Garness, Planning FROM: R. Vance Swisher, Fire Marshal SUBJ: Preliminary Plat #06-18 by Platinum Development to be known as Rochester Towne Club Villas. With regard to the above noted project plan, the fire department has the following requirements: 1. An adequate water supply shall be provided for fire protection Including hydrants properly located and installed in accordance with the specifications of the Water Division. Hydrants shall be in place prior to commencing building construction. a) The minimum fire flow for this residential development area shall be no less than 1,000 gpm at 20 psi. 2. Streets and roadways shall be as provided in accordance with the fire code, RCO 31 and the Zoning Ordinance and Land Development Manual. Emergency vehicle access roadways shall be serviceable prior to and during building construction. a) Minimum street width shall not be less than 20 feet clear drivable width. b) Streets less than 32 feet in width shall be posted "No Parking" on one side of the street. Streets less than 26 feet in width shall be posed "No Parking" on both sides of the street. 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) Platinum Development Yaggy Colby Associates (e-mail only) r. � 3 WETLAND COMMENTS FOR DEVELOPMENT APPLICATIONS Application Number: PP#06-18 Rochester Towne Club Village No hydric soils exist on the site based on the Soil Survey Hydric soils exist on the site according to the Soil Survey. The property owner is responsible for identifying wetlands on the property and submitting the information as part of this application. A wetland delineation has been carried out for the property and is on file with the Planning Department. A wetland delineation is on file with the Planning Department and a No -Loss, Exemption, or Replacement Plan has been submitted to the Planning Department. ® A wetland related application has been approved by the City. This plan incorporates the approved wetland plan. Fj No hydric soils exist on the property based on the Soil Survey. However, due to the location in the landscape, the property owner should examine the site for wetlands. The property owner is responsible for identifying wetlands. Other or Explanation: From John Harford Wetlands LGU Representative MINUTES OF THE CITY OF ROCHESTER PLANNING COMMISSION 2122 CAMPUS DRIVE SE — SUITE 100 ROCHESTER MN 55904 Minutes of the regularly scheduled meeting of the City Planning and Zoning Commission held on Wednesday, August 9, 2006, at 7:00 p.m. in the Council/Board Chambers of the Government Center, 151 4th Street SE, Rochester, MN. Members Present: Mr. Jay Burke, Chair; Mr. Jesse Wallace; Ms. Lisa Wiesner; Mr. Vince Barry; Mr. Robert Haeussinger; and Mr. John McGuine Members Absent: Ms. Leslie Rivas, Vice Chair; Mr. Gerald Pestka; and Mr. Paul Ohiy Staff Present: Ms. Mitzi A. Baker and Ms. Jennifer Garness Other City Staff Present: Ms. Pat Alfredson, City Attorney SET ORDER OF AGENDA: Mr. Haeussinger moved to approve the agenda, as written. Mr. McGuine seconded the motion. The motion carried unanimously. CONSENT AGENDA: Mr. McGuine made a motion to approve the following consent items noting that the Vacation file number is #06-06 (listed incorrectly on agenda). Ms. Wiesner seconded the motion. • July 26, 2006 minutes • Vacation Petition #06-06 by Platinum Development The motion carried unanimously. PUBLIC HEARINGS: ANU Preliminary Plat #06-18 by Platinum Development to be known as Rochester Towne Club Village The Plat proposes to subdivide approximately 35.811 acres of land into 89 lots for low density residential development and two Outlots The Plat also proposes to dedicate right-of-way for several public roadways including the extension of Harbor Heights Court SE The Plat is located south of Eastwood Road east of Harbor Drive SE and adjacent to Eastwood Golf Course. Ms. Mitzi A. Baker presented the staff reports, dated August 3, 2006, to the Commission. The staff reports are on file at the Rochester -Olmsted Planning Department. Page 2 City Planning and Zoning Commission Minutes ` Hearing Date: August 9, 2006 Ms. Baker handed out an email received on August 9, 2006 from Martin & Charlotte Peterman This email is on file at the Rochester -Olmsted Planning Department. Mr. Wallace asked if the 1 '/2 inch copper water pipes would be required for new home construction. Ms. Baker yes. Discussion ensued regarding a 60 foot wide lot width. The applicant's representative, Bryan Holtz, from Yaggy Colby Associates (717 Third Avenue SE, Rochester MN 55904), addressed the Commission. He explained that the applicant did not object to staffs recommendation. However, he did note that they would continue discussions with Rochester Public Works regarding reducing the access dedication. Mr. Dennis Nelson (residing at 3100 15" Street SE, Rochester MN 55904) addressed the Commission. He questioned how the roadway connections were designed. Ms. Baker explained that they are identified conceptually. Mr. Cedric Schutz (residing at 1123 Golfers Court SE, Rochester MN 55904) addressed the Commission. He stated that he was in favor of the proposed plans. However, he expressed concern regarding timing, elevations, narrow roadways, and safety concerns for the first few lots by the proposed cul-de-sac. He asked that the "city section" be on the back side. Mr. Burke asked if the "city section" (curb and gutter vs. open ditch) would be completed when the road was cut off. Ms. Baker asked Mr. Holtz to respond. Mr. Holtz explained that the south side of Eastwood Road would be reconstructed into an urban section and the whole segment of Eastwood Road would have an overlay of 2 inches of bituminous. He stated that the north side of Eastwood Road would remain as a rural section. Mr. Holtz stated that the speed limit would be reposted for 30 miles an hour. Ms. Baker explained that, long term, the cul-de-sac would be constructed and would only have 24 lots using the roadway and alleviating Mr. Schutz's safety concerns. With no one else wishing to be heard, Mr. Burke closed the public hearing. Mr. Haeussinger movea to recommenu aNNi uva, w, • Development to be known as Rochester Towne club Villas with the staff -recommended findings and conditions. Mr. Wallace seconded the motion. The motion carried 6-0. CONDITIONS: ' 1. The applicant agrees that this subdivision will have an impact on the need for Parkland and that the dedication requirements are outlined in the memorandum from the Park and Recreation Department dated July 17, 2006. 2. Fire hydrants (not shown) are required along this " lat. Due to the water main being (X1 Page 3 City Planning and Zoning Commission Minutes Hearing Date: August 9, 2006 installed within the boulevard area to minimize Street reconstruction the hydrants will need to be placed within the platted lots, justsouth of the sidewalk.,,Either utility, easement "bump outs" or a wideY frl14"ntyard easement s 3reguire}d to�accommoydate '`'tu r5; yi& k'h, R`�'4"ZM'#Jym Mfyt' +'4,'T:f'�i'S�. }�-Fi`��''•': the hydrant placements �...,.... aPRO WE Ir othertrxeatts 4. The Plat shalle,'resedgdad%ateaccQ,ssonroaion�fwentireat Ilne of Lot L 21, Block 1, arid`the easferly-50 feet 5. The Plat shall be revised to widen the utility easement alongthe entire south line of Eastwood Road from 10 feet to 15 feet °=�,� Mr. McGuine moved to recortimendapprovSaofPrelun nar�,yafla #06 1blatinurrl Development,tobemkrowiras,RochesterowneCfut)i/iflage i t staffrecommended findings avid condltiogs Mn.. a ry sec d motio> tot on c�am�ed 6 0. h CONDITIONS: r, 1) The applicant agrees that this. su6dlv�sion wilFs ave ais m°pact on the'need for Parkland and that thededreatfdr�;regfuirerri'ents are', WIMI'Anxthe,titetriorandum from the Park and Recreation Departmea,dated Julyxo 17, 2006 t 2) The Riasiall 5ef7er , o a) dddicate�access�conHtro al a�o_g Tovlme ClubParkwa SE except or the approved public road",f canon an alsa �t i l?e, i _ wee . a 11 oP e� q dwa)tsV extending-ffom ttte irtterset tton of tie,Townit Parkvva�r�ght-of trvar atnd- b remove Oitl'ot A " OTHER BUSINESS: 1. As may be brought up with members No discussion items were brought forward. ADJOURN: Motion made by Ms. Wiesner to adjourn, seconded by Mr. Barry. Mr. Burke, Chair, adjourned the meeting at 7:25 p.m. Respectfully Submitted: Philip H. Wheeler, AICP Mr. Jay Burke, Chair jig MEETING 00 i REQUEST FOR COUNCIL ACTION REPORTS AND RECOMMENDATIONS ORIGINATING DEPT: Administration DATE: 9/ ITEM DESCRIPTION: ESTABLISHMENT OF A PRELIMINARY PROPERTY rKCrAMCW o 1 TAX FOR 2007 1 S. KVENVOLD Minnesota state law requires cities and counties to adopt a preliminary property tax levy by September 15, 2006, and select dates in December for the budget hearings and adoption. The final 2007 property tax levy may be less than the preliminary levy, however, the final levy cannot exceed the preliminary levy. The preliminary property tax levy is used in preparing preliminary 2007 property tax information which is provided to taxpayers prior to the scheduled property tax hearings. As of this writing, the 2007 budget request information is being assembled, but is not in a form needed to make an informed judgment on 2007 budget and final levy needs. I will attempt to make a 2007 preliminary property tax recommendation which will provide the City Council and myself with some flexibility in preparing a 2007 budget which serves the communities' needs and demands. The 2006 preliminary property tax levy was established at $36,000,000, the final 2006 property tax levy adopted by the Mayor/Council was $35,159,505. he recommended 2007 preliminary property tax levy and related information is contained in the attached memorandum, which was submitted to the Mayor and City Council on August 25, 2006. Since this memo was submitted to you, two additional positions were requested by the Water Reclamation Plant for 2007. COUNCIL ACTION REQUESTED: A motion is requested to: Establish the 2007 preliminary property tax levy at $37,500,000. Establish a 2007 total budget figure at $192,000,000." Establish a public hearing date for the proposed 2007 budget of December 11, 2006, a continuation hearing date of December 18, 2006 (if needed) and a public hearing date of December 18, 2006, for the final adoption of the 2007 budget and 2007-2012 CIP. State law requires a listing of a total budget figure at this time although the figure is rather meaningless and the final total budget figure will be whatever the amount is in the adopted budget. A"' • ry E,_ — na,t .^tr-t>�! C�:.�aa ienrc.��31AG4t tJbd i sb E 5 COUNCIL ACTION: Motion by: second by: to: i City of Rochester City Adrninishvtor's Office Memo To: Mayor and City Council From: Stevan E. Kvenvold A'r Date: August 22, 2006 Subject: Establishment of a Preliminary Property Tax for 2007 State law requires local governments to adopt a preliminary property tax levy for the 2007 budget by September 15, 2006. This information is assembled by the County government and a preliminary 2007 tax statement is sent to property owners in November of 2006. The preliminary property tax statement is intended to provide information to property owners in time for budget hearings to be held in December. The State law requires local governments to adopt the final 2007 property tax levy near the end of December, 2006. The final 2007 property tax levy can not exceed the preliminary property tax levy established in September, however, it can be lower than the preliminary levy. Since the State law requires the adoption of a preliminary property tax levy before the next year's budget is available for consideration, the preliminary property tax levy has usually been established high enough to allow the Administrator and the Council with the flexibility to review budget requests before determining the final property tax levy. Although the complete budget information is not available at this time, as the recommended budget is formulated, the following information would be of some benefit: • Should the same level of City services currently provided by the City organization be provided in 2007? • Are there City services or functions that should be expanded, reduced or eliminated? • Should any new positions be added for 2007? Should the street lighting expense be removed from property tax support and funded by the creation of a street lighting utility? (information submitted separately). CA 2007 EXPENDITURE INFORMATION Reqular Salaries - The City has 18 separate employee groups which have been formed for the purpose of negotiating wages and benefits. The majority of these bargaining groups have previously accepted 2% wage increases for 2007. The major bargaining groups which have not settled their wage and benefit increases for 2007 are Police, Fire and Dispatch. The Police union group has requested a 6% increase in wages for 2007. From the wage negotiation discussions held to date, it appears that the Police union will request that their wage increases be established by an outside arbitrator. The arbitrator's decision will be binding on both the City and the Police union. We do not anticipate the Fire Department and Dispatch union groups to settle their 2007 wage negotiations until after the Police negotiations are complete. Several other major employee union groups which have previously agreed to a 2% increase in 2007 have clauses in their wage agreements which will increase their 2007 compensation if other employee groups are granted an increase greater than 2%. Therefore, if an arbitrator grants the Police union greater than 2%, these other union groups will receive the same increase. Requested New Positions — The departments are requesting 16 new positions for 2007. The salaries and benefits for the requested positions total $1,163,365. On June 26, 2006, Chief Peterson presented a review of the Police Department to the Mayor/Council at a COW meeting. During this presentation, Chief Peterson indicated that he would be requesting six additional positions for 2007 and the City Council members indicated that they were in favor of adding the additional positions to the 2007 budget. The requested positions are five additional Police officers and one Animal Control officer. The wage, benefits, and equipment needed for these additional positions total $512,21 B. Pensions — The State Legislature has established the following pension contributions for 2007: Coordinated Plan 2006 Rate 2007 Rate Police/Fire Plan 2006 Rate 2007 Rate Employee Rate 5.50% 5.75% Employee Rate 7.0% 7.8% Employer Rate 6.00% 6.25% Employer Rate 10.5% 11.7% The estimated increase for pensions not including any new positions is approximately $354,368. Including new positions the increase is $448,378. Group Insurance — The staff is proposing a 9% increase in the premiums charged for health insurance; this would be the lowest increase experienced for several years. The premiums charged for dental insurance is being recommended at 15%. The estimated increase in health and dental coverage for 2007 is approximately $776,381. Life insurance rates have decreased from $.31/1000 to $.22/1,000. Employee Services Summary — Established increases for 2007 • Regular Salaries $ 933,829 • Temporary Salaries, Overtime and Other Pay 311,133 • Pension contributions $ 354,368 • Group Health, Dental, Current Life and Workers Comp 548,584 • Requested Positions $1,013,571 Employee Services estimated increase $3,161,485 Professional and Contracted Services — The staff is estimating an increase of 4% for professional and contracted services for an increase of approximately $529,686. This category contains the expenditures for electricity, which has increased substantially; the 2005 expenditure for electricity. SMMPA passed through a 20% electrical rate increase to RPU in 2006 and another 10% increase is expected in 2007. Fuel Materials and Supplies — A 5% increase in materials and supplies is estimated for 2007, resulting in an overall increase of $154,420. During 2005, the gasoline and fuel cost was $680,000, electricity was $3.1 million. Construction materials have increased substantially, for example, bituminous materials increased in cost by 40% during 2006. A summary of some of the estimated increase for 2007 expenditures are: Employee Services $3,161,485 Professional and Contracted Services $ 530,000 Materials and Supplies $ 154,000 Capital Improvement Program — In 2006, a property tax levy of $4,708,657 was appropriated to assist in funding the 2006 CIP projects. $1,180,000 of this levy was the property tax abatement levy for the Rochester Downtown Alliance. With the unmet needs in the growing City, a minimum of the same amount, plus the $75,000 committed for the Graham Arena IV project, should be levied for 2007. For purposes of this exercise, it is assumed that the remaining expenditures of the organization would remain would remain unchanged from 2006 MAJOR REVENUE SOURCES FOR 2007 Local Government Aid — we were pleasantly surprised to be informed that City 2007 LGA allocation was increased by $624,204. We had been anticipating a decrease of approximately $600,000 to $800,000. The increased LGA will result in a reduction of the property taxes needed to support the 2007 budget. Hotel/Motel Tax — we anticipate a $100,000 increase in this revenue for 2007. Cable TV Franchise Tax — we anticipate an increase of $100,000 of the revenue for 2007. r. `c` In Lieu of Tax Revenue — we estimate an increase of $370,000 for in lieu of tax payments from the Electric, Water, Sewer, Storm Water and Parking funds for 2007. We are anticipating that remaining revenue sources will remain fairly flat for 2007. GROWTH OF THE CITY Attached for your review is some information on the dwelling units added to the City since 1990; the number of acres annexed and road miles added since 2000 and the acres to be added for 2006-2010 under the Water Quality Program. This growth of the City does require additional resources to service the expanded area. The Financial Director has pointed out on previous occasions that the additional properties do not provide any additional tax revenue unless additional property taxes are levied. CITY ADMINISTRATOR'S ROLE IN THE BUDGET PROCESS The City Administrator's position has the responsibility to prepare a recommended budget for the Council's consideration. Recent editorials in the local newspaper have been critical of the Mayor and City Council for adopting the Administrator's budget recommendations without significant changes. My response to this criticism is as follows: If I am doing an adequate job in preparing the recommended budgets, there should not be much need of the Mayor and Council to make any significant changes. I have been preparing the recommended budgets since the middle 1970's and the City has enjoyed an AAA credit rating since 1977. This rating is not enjoyed by many cities and if the budgets recommended and administered during this period of time were inadequate, this credit rating would not have been achieved. During the past 25 years, the City has added 40,000 residents to the City and has done so in a manner, for better or worse, that has resulted in the City being viewed as one of the best places in America to live. During this growth period, the City has maintained a City property tax rate among the lowest of any of the surrounding Cities. (see attached) 2007 PRELIMINARY PROPERTY TAX RECOMMENDATION I recommend that the 2007 preliminary property tax levy be established at $37,500,000. The 2006 preliminary property tax was established at $36,000,000 and the final 2006 property tax levy was adopted at $35,159,505. 2005 Tax Rates City Tax County Tax School Tax Special City Rate Rate Rate District Total Rochester 41.44 57.79 29.99 118.63 Byron 52.51 54.97 35.83 143.31 Elgin 75.03 49.48 17.90 0.42 142.82 Eyota 50.84 54.91 36.96 142.71 Kasson 52.83 53.02 29.63 135.48 Oronoco 36.94 55.06 22.71 114.71 Pine Island 35.32 53.07 16.77 0.80 105.97 Plainview 71.38 48.36 25.44 0.56 142.38 Stewartville 44.08 52.02 26.64 122.74 Other Minnesota Cities Austin 29.35 41.24 20.03 1.57 92.19 Duluth 24.22 67.58 11.55 7.04 110.39 Minneapolis 61.93 39.16 26.84 7.77 135.70 St. Cloud 38.05 50.34 13.04 2.67 104.10 St. Paul 30.84 45.69 28.20 6.03 110.76 Winona 30.95 46.96 15.98 2.08 95.97 A _m eoo� n n n � m m - S � o O ems ��3 0 DWELLING UNIT TOTALS Total Year 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 P003 2004 2005 No. of Single Family 527 598 531 419 285 263 324 427 532 645 675 747 945 894 962 702 Total $ Valuation of SFD $61,120,528 $64,427,322 $60,083,835 $43,835,234 $29,880,547 $30,742,591 $39,630,333 $55,411,803 $70,870,692 $88,893,665 $91,078,509 $109,918,621 $142,814,310 $152.657.659 $180,862,207 $138,677,984 No. of Multi- Family Units 316 323 255 36 109 140 324 278 422 471 959 342 308 260 115 271 Total No. of Dwelling Units (not including manufactured homes) 843 921 786 455 394 403 648 705 954 1,116 1,634 1.089 1,253 1,154 1,077 973 Building i Permits Issued 2,264 2,407 2,222 1,918 1,591 1,649 1,897 2,275 2,695 3,060 3,308 3,676 4,016 4,133 4,108 3,618 Total $Valuation of Permits $156,189,261 $195,311,630 $164,753,147 $123,432.6 $160,528,288 $95,701,582 $123,955,47 $199,670,957 $257,139,606 $386,031,664 $430,000,080 $388,461,247 $322,260,328 $305,857,676 $332,798,185 $389,258,146 ko( Memo To: Stevan Kvenvold From:Teny Spaeth Date: 8/31 /2006 Re: Information on additional households and acreage being added to the City As per our recent discussion, I have compiled some additional information beyond what Building Safety recently provided to you regarding the number of new households in the City over the past years. Between the years 2000-2005, the City added 6,792 acres of land to its area. So far in 2006, the City has added 471 acres. In addition, the City has added 102 miles to its street system. Approximately 13-15 miles of these streets are attributed to new growth each year. In addition, several large areas of annexation have added significant street miles, along with City takeover of streets from other governmental bodies. The breakdown by year is as follows: YEAR ANNEXED ACRES ROADWAY MILES ADDED TO CITY 2000 1712 7.1 2001 1164 11.38 2002 1320 22.63 2003 897 35.38 2004 883 9.76 2005 816 15.84 0 Page 1 �� In addition to the new growth the City is experiencing, as it comes time to consider future budget implications, we need to also consider that we will have areas coming into the City as part of the WQPP project Marion OA areas. The first of those areas was annexed this year. The following table indicates the year, acres, and number of households to be annexed as part of the Marion OA Agreements. ACRES TO BE I NO. ANNEXED 2006 77.6 180 2008 1290.2 41.9 0 383.9 1387 AL W In addition to these figures, there are approximately 40 commercial / other properties to be included in the OA areas. Also, some of the original OA areas have already been annexed by landowner petitions, and new growth should be expected in those areas. • Page 2 I jkiL NIL ��Y,� REQUEST FOR COUNCIL ACTION MEETING DATE: 09/06/06 A SECTION: ORIGINATING DEPT: i t toe Nu. REPORTS AND RECOMMENDATIONS CITY CLERK 7F- ITEM DESCRIPTION: SOUND AMPLIFICAT1UN KrQUhs 51b ge Gerber thauy 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 Lupus Walk For Hope 2626 East 82"d Street Suite 135 Bloomington, MN 55925 09/16/06 10:00 AM to 1:00 PM Silver Lake Park West Pavillion Mickey's Irish Saloon 1605 Civic Center Drive NW Rochester, MN 55901 09/16/06 3:00 PM to 10:00 PM USS Parso Reunion 3528 Kelsey Lane SW Rochester, MN 55902 09/23/06 11:00 AM to 2:00 PM Held at Soldier's Field Memorial MAXIMUM ALLOWABLE SOUND PRESSURE LEVEL NO MORE THAN 85 DECIBELS Westfire Grille 2043 Superior Drive NW Rochester, MN 55901 Big Will Outdoor Performance 09/16/06 7:00 PM to 10:30 PM Whistle Binkies on the Lake 247 Wood Lake Drive Rochester, MN 55904 Outdoor Patio Music 09/23/06 7:00 PM to 10:00 PM COUNCIL ACTION REQUESTED: A motion to approve the sound amplification permits as presented. COUNCIL ACTION: Motion by Second to: REQUEST FOR COUNCIL ACTION MEETING DATE: 09/0, A SECTION: ORIGINATING DEPT: ITEM NO. Reports and Recommendations CITY CLERK c� ITEM DESCRIPTION: Sound Amplification Permits I PREPARED BY: BETHANY GERBER The following licenses, bonds and miscellaneous activities are submitted for the Council's approvals or disapprovals. All are pending departmental approvals, the required insurance, bonds, fees and all outstanding debts with the City of Rochester. ADDITIONAL LICENSES -SOUND SE MN Alliance of Peacemakers 1465 3rd Ave SW Rochester, MN 55902 Mayo Central Park 09/10/06 6:00 PM to 9:00 PM Just a microphone COUNCIL ACTION REQUESTED A motion to approve the above licenses. t,OUNCIL ACTION: Motion by: second by: to ADDITIONAL INFORMATION FOR ITEM F-2 SEPTEMBER 6, 2006 AGENDA Mayor & Council _,.Stevan Kvenvold Gary Neumann Terry Spaeth Terry Adkins Richard Freese APPLICATION # - PERMIT # R COUNCIL DATE:ql(P101o DATERECEIVED O WO Vvo RECEIPT NUMBER. 0 G AMOUNT PAID APPLICATION FOR SOUND AMPLIFICATION PERMIT DATE OF APPLICATION: 1-30 -tq APPLICATION TO BE SUBMITTED AT LEAST 30 DAYS IN ADVANCE OF EVENT TO: CITY CLERK'S OFFICE, 201 4TH ST. SE, ROCHESTER, MN. 55904 APPLICANT INFORMATION NAME OF APPLICANT./RESPONSIBLE PARTY: HOME ADDRESS: DATE OF BIRTH: 9 l CJ - > > HOME TELEPHONE NUMBER 50-2,)?j 1e1y CELL P+H2ONENUMBER NAME OF ORGANIZATION: Ld lia I'-Lz ll lsve l Gn TKi L Yet ADDRESS: TELEPHONE NUMBER: Sal w ` , a)q CONTACT PERSON INFORMATION CONTACT PERSON DURING EVENT: HOME ADDRESS: DATE OF BIRTH: /b -J, - ,7 q TELEPHONE NUMBER: 5-02, Y4ti, /1- '? CELL PHONE NUMBER No -6+13 "3y3I EVENT INFORMATION 12U;71i1.11*83 m Wo:I.i W DATE(S) OF EVENT: / - 23-0 DAY(S) OF WEEK:: LOCATION OF SPECIAL EVENT: DESCRIPTION OF ENTERTAINMENT TO BE PROVIDED: (lx.Kc 41*,4 ( 5 a ,-tre lj,.d ) MAX _71U 4 NUMBER OF PEOPLE WHO WILL BE PERMITTED TO BE IN ATTENDANCE ON ANY PARTICULAR DAY A S0 HOW WILL ATTENDANCE BE LIMITED TO THE NUMBER OF PEOPLE INDICATED X" 6,ct a I START TIME: 9: W P,41 END TIME: I o:ad PIA ATTACH A SKETCH, SITE PLAN, STAGE PLOT OR OTHER DESCRIPTION OF THE LAND AND PREMISES TO BE USED FOR THE EVENT FOR WHICH THE PERMIT IS SOUGHT. BE SPECIFIC AS TO THE PLACEMENT OF SOUND SYSTEM SPEAKERS AND THE DIRCTION THE SOUND WILL TRAVEL. 2. PROVIDE A DESCRIPTION OF THE FACILITIES AND ARRANGEMENTS TO BE IMPLEMENTED FOR THE HANDLING OF FOOD, MEDICAL NEEDS, SANITATION, FIRE SERVICES, GARBAGE DISPOSAL, AND SECURITY INCLUDING CROWD CONTROL AND TRAFFIC CONTROL (Use Additional Sheet If Necessary)) 3. ATTACH A WRITTEN STATEMENT FROM THE CHIEF OF POLICE OR THE CHIEF'S DESIGNEE STATING THAT, IN THE CHIEF'S OPINION, APPROPRIATE ARRANGEMENTS HAVE BEEN MADE TO PROVIDE ADEQUATE SECURITY AND POLICE PROTECTION FOR THE EVENT FOR WHICH THE PERMIT IS SOUGHT INCLUDE CROWD CONTROL, TRAFFIC CONTROL AND POLICE PROTECTION FOR ADJACENT PROPERTY OWNERS. 4. PROVIDE THE MEANS AND METHODS PROPOSED BY THE APPLICANT TO PREVENT NOISE FROM THE EVENT FROM UNREASONABLY DISTURBING THOSE PERSONS WHO LIVE OR WORK IN THE VICINITY OF THE EVENT. (Use Additional Sheet If Necessary) APPLICANT REQUESTS THE COUNCIL TO IMPOSE THE FOLLOWING SOUND LIMITATION (Check One) 74 MAXI)" 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. 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) zor/ xr I Trr0Ci FIRE DEPARTMENT: COMMENTS: PLANNING DEPARTMENT: COMMENTS: (SIGNATURE) (SIGNATURE) CITY CLER%APPROVAL: DATE: Q 1.0 APPLICATION # PERMIT # . COUNCIL DATE: DATE RECEIVED S - �J -Limo RECEIPT NUMBER CD AMOUNT PAID APPLICATION FOR SOUND AMPLIFICATION PERMIT DATE OF APPLICATION: l) -,;Z -3 06 APPLICATION TO BE SUBMITTED AT LEAST 30 DAYS IN ADVANCE OF EVENT TO: CITY CLERK'S OFFICE, 2014'H ST. SE, ROCHESTER, MN. 55904 APPLICANT INFORMATION NAME OF APPLIC HOME ADDRESS: DATE OF BIRTH: 5 / (D^ V L5 HOME TELEPHONE NUMBER , :ee - I 7 aa 3 CELL PHONE NUMBER: 7 S-)_ NAME OF ORGA//NIZA//TI��ON: `/ J I" 1%�- DL I Ivg7 ;,--iE?Y I /Lrby I I- I C? ADDRESS: TELEPHONE NUMBER: CONTACT PERSON INFORMATION CONTACT PERSON DURING EVENT: HOME ADDRESS: DATE OF BIRTH: TELEPHONE NUMBER: CELL PHONE NUMBER: PURPOSE OF EVENT: EVENT INFORMATION 9`4�- -'3—o(o MAXIMUM NUMBER OF PEOPLE WHO WILL BE PERMITTED % TO BE IN ATTENDANCE ON ANY PARTICULAR DAY d1 WILL ATTENDANCE BE LIMITED TO THE NUMBER OF PEOPLE INDICATED START TIME: END TIME: 1. ATTACH A SKETCH, SITE PLAN, STAGE PLOT OR OTHER DESCRIPTION OF THE LAND AND PREMISES TO BE USED FOR THE EVENT FOR WHICH THE PERMIT IS SOUGHT. BE SPECIFIC AS TO THE PLACEMENT OF SOUND SYSTEM SPEAKERS AND THE DIRCTION THE SOUND WILL TRAVEL. 2. PROVIDE A DESCRIPTION OF THE FACILITIES AND ARRANGEMENTS TO BE IMPLEMENTED FOR THE HANDLING OF FOOD, MEDICAL NEEDS, SANITATION, FIRE SERVICES, GARBAGE DISPOSAL, AND SECURITY INCLUDING CROWD CONTROL AND TRAFFIC CONTROL. (Use Additional Sheet JfNecessary)) 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. 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 T= FVFNT /I/m dddi�innnl .Choal IfNere.ecarvl 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. FOR ADMINISTRATION USE ONLY PARK DEPARTMENT: COMMENTS. POLICE DEPARTMENT: COMMENTS. 01A 10C FIRE DEPARTMENT: COMMENTS: (SIGNATURE) PLANNING DEPARTMENT: COMMENTS: CITY CLER%APPROYAL: DATE: APPLICATION # PERMIT # $ COUNCIL DATE: 4- (D - 0(0 DATE RECEIVED M5! 0 (0 RECEIPT NUMBER K 009 AMOUNT PAID r� S APPLICATION' FOR SOUND AMPLIFICATION PERMIT DATE OF APPLICATION:A/a ,zD Q APPLICATION TO BE SUBMrWED 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: 1-14LC S ADDRESS: ,Z� zIP �aSf hdC f VLL [rrL l3� dtyoMfqpon./'�^' ssQ+ TELEPHONE NUMBER: ' l �� 51'!P CELL PHONE NUMBER: CONTACT PERSON DURING EVENT: / p TELEPHONE NUMBER: � A - 7¢(/ p - Sl S - I CELL PHONE NUMBER: 6, I Z - S Co O ' a D O PURPOSE OF EVENT: I.LjeUb LA/ ! !L -kl-- DATE(S) OF EVENT: - b ' D DAY(S) OF WEEK: LOCATION OF SPECIAL EVENT: Z 6C DESCRIPTION OF ENTERTAINMENT TO BE PROVIDED: l 6_ 4&t MAXIMUM NUMBER OF PEOPLE WHO WILL BE PERMITTED �D D TO BE IN ATTENDANCE ON ANY PARTICULAR DAY L HOW WILL ATTENDANCE BE LIMITED TO THE NUMBER OF PEOPLE INDICATED (tip -mae- hI,54� START TIME: �1J.04m 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. ; �� ` w� : ,...JL_ v.1 .1.1 b c.e� a - -+j+ a , c--e..� b a'�-c. c to �% +L� f4v:%'� . 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. 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 protirided with the application and that the Applicant has read and does understand the regulations found wiF he Ordinance, and does intend to comply with the regulations found within the Ordinance and any conditionsofaa1 impo u on the permit that might be granted in response to his application. Applicant PERMIT FEE: $25.00 YOU WILL NEED TO CHECK V41TH THE PARK DEPARTMENT AT 291-6160 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 21 (SIGNATURE) (SIGNATURE) (SIGNATURE) PLANNING DEPARTMENT: COMMENTS: CITY CLERK APPROVAL: DATE: APPLICATION # 3 a b I � PERMIT # . it COUNCIL DATE: 9 - !o - 0(o DATE OF APPLICATION: DATE RECEIVED g�aS RECEIPT NUMBER AMOUNT PAID APPLICATION FOR SOUND AMPLIFICATION PERMIT APPLICATION TO BE SUBMITTED AT LEAST 30 DAYS IN ADVANCE OF EVENT TO: CITY CLERK'S OFFICE, 201 4TH ST. SE, ROCHESTER, MN. 55904 APPLICANT INFORMATION NAME OF APPLICANT/RESPONSIBLE PARTY: A40 "L--kiC " 6Lt O HOMEADDRESS: I W I 1 c1 L A Vic Sw koc-- ipr� I L=P- r A4jQ SScI C+!)" DATE OF BIRTH: CLI --O L'ICT70, HOME TELEPHONE NUMBER: CELL PHONE NUMBER: C SGi) vcG�`t C735 NAME OF ORGANIZATION: ON WOX TNC A6 . WES Ff t9F IZ! t t t ADDRESS: AC143 S-Pc�op- z%p-. NLLJ TELEPHONE NUMBER: (5C7) t4a4`3-;rt() CONTACT PERSON INFORMATION CONTACT PERSON DURING EVENT: iNIAyQ AntCI* EZ. S4'L G 'c�it✓� HOME ADDRESS: DATE OF BIRTH: TELEPHONE NUMBER CELL PHONE NUMBER: _(SC-7� A �V3 EVENT INFORMATION PURPOSE OF EVENT: (ALL Ccirpc�c2 Qr'�-cle►L'c'C DATE(S) OF EVENT: u'III,� DAYS) OF WEEK: SLl IL L,0-(-4G.4.,l LOCATION OF SPECIAL EVENT: 1= DESCRIPTION OF ENTERTAINMENT TO BE PROVIDED: cu-mor--,Yt Cbr,; C&-)?i/ 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 N =t h^ r--c—P-f— D l tr,V - S t' i _ i jS5" G?Ai�- START TIME: ISO Lk END TIME: _(!,;) �L 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 IN[PLEMENTED 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)) Ate cJ�� ,�A+2 Wi LL 43E AbjACE?,j /0 A 8&T-R- �P iL too fl SE�2y�" ctl i PE 67P-C' tQOS. I'I�EDlC L r�NU r;2� Acc. S G,� SeuT�l, 6v�ST4n1fJy�ct7 ( LI DE OF 6jfeo \jCO A' PAP-y FaNc-9 LLs i LL. AE /NSIALL�70 f�Kci h fJ I d E L „•.4 p$ C'u fz Cu-%N i 7"� 'ST"A' - 6" t L-L- PA-T2-CL ; k Aj c-?�'. 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, 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) 1 f SCE rJ (�j i�l=f t N i C f P f�3 �% ILL Q 0 f {i LLCI L' ! 7—i { is SQ£: Pv (! L�fCLZD t FEE rVj*X Ifs ti YYi I� Lt?Ur f `F,f-0— C E 9S O Gi i f ELL 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. 9 Signature of Applicant PERMIT FEE: $25.00 YOU WILL NEED TO CHECK WITH THE PARK DEPARTMENT AT 281-6160 TO OBTAIN THE REQUIRED PARK DEPARTMENT PERMITS IF YOU ARE HOLDING YOUR VENUE ON PARK DEPARTMENT PROPERTY. FOR ADMINISTRATION USE ONLY PAR%DEPARTMENT: COMMENTS: (SIGNATURE) POLICE DEPARTMENT: COMMENTS: FIRE DEPARTMENT: COMMENTS: (SIGNATURE) PLANNING DEPARTMENT: COMMENTS: CITY CLERKAPPROVAL: DATE: I ■ zip L33GS71--le-e7 C7�-ILLC CurDOOL o4EN T 9--10-0� APPLICATION # v, PERMIT # . O COUNCIL DATE. DATE RECEIVED 91� C f f DCo RECEIPT NUMBER C D `-I 9 9 D G AMOUNT PAID $ a+ S APPLICATION FOR SOUND AMPLIFICATION PERMIT DATE OF APPLICATION: V- ¢ APPLICATION TO BE SUBMITTED AT LEAST 30 DAYS IN ADVANCE OF EVENT TO: CITY CLERK'S OFFICE, 201 4TB ST. SE, ROCHESTER, MN. 55904 APPLICANT INFORMATION NAME OF APPLICANTIRESPONSIBLE PARTY: HOME ADDRESS: Z 7 COS z'�`Z �� 5 % +� C ST-- DATE OF BIRTH: ' z3 _ 9 0 HOME TELEPHONE NUMBER: CELL PH/ONE NUMBER NAME OF ORGANIZATION: ADDRESS: �� � C / 4 i C C-�7^ ice '� n i vL /t,/D�s TELEPHONE NUMBER S'c%SS / CONTACT PERSON INFORMATION CONTACT PERSON DURING EVENT: ' /6z C" C/c P (FIRST) (MIDDLE) (LAST) HOME ADDRESS: DATE OF BIRTH: TELEPHONE NUMBER: S/ ® CELL PHONE NUMBER: EVENT INFORMATION PURPOSE OF EVENT: AAk CCL-, DATE(S) OF EVENT: S /( `20c'L DAY(S) OF WEEK: LOCATION OF SPECIAL EVENT: 1?71 C C c ,3 Z`/L , S DESCRIPTION OF ENTERTAINMENT TO BE PROVIDED: MAXIMUM NUMBER OF PEOPLE WHO WILL BE PERMITTED TO BE IN ATTENDANCE ON ANY PARTICULAR DAY 45 HOW WILL ATTENDANCE BE LIMITED TO THE NUMBER OF PEOPLE INDICATED _� J Cxe-r s-o% S START TIME: END TIME: /0 . GCi , (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)) cnG( 5 ��17 rs�� � e -� {—Ivy 6-I/? e A S' scw.� r � i G...t / /Z b t'D S 3. ATTACH A WRITTEN STATEMENT FROM THE CHIEF OF POLICE OR THE CHIEF' S DESIGNEE STATING THAT, IN THE CHIEF'S OPINION, APPROPRIATE ARRANGEMENTS HAVE BEEN MADE TO PROVIDE ADEQUATE SECURITY AND POLICE PROTECTION FOR THE EVENT FOR WHICH THE PERMIT IS SOUGHT INCLUDE CROWD CONTROL, TRAFFIC CONTROL AND POLICE PROTECTION FOR ADJACENT PROPERTY OWNERS. 4. PROVIDE THE MEANS AND METHODS PROPOSED BY THE APPLICANT TO PREVENT NOISE FROM THE EVENT FROM UNREASONABLY DISTURBING THOSE PERSONS WHO LIVE OR WORK IN THE VICINITY OF THE EVENT. (Use Additional Sheet If Necessary) 5. APPLICANT REQUESTS THE COUNCIL TO IMPOSE THE FOLLOWING SOUND LIMITATION (Check One) MAXIMUM ALLOWABLE SOUND PRESSURE LEVEL NO MORE THAN 85 DECIBELS MEASURED AT THE PROPERTY LINE OR VENUE BOUNDARY. 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. 1� Signratuie of Appiieent' PERMIT FEE: S25.00 YOU WILL NEED TO CHECK WITH THE PARK DEPARTMENT AT 281-6160 TO OBTAIN THE REQUIRED PARK DEPARTMENT PERMITS IF YOU ARE HOLDING YOUR VENUE ON PARK DEPARTMENT PROPERTY. FOR ADMINISTRATION USE ONLY PARK DEPARTMENT. COMMENTS: (SIGNATURE) POLICE DEPARTMENT: COMMENTS. 4)jj FIRE DEPARTMENT: COMMENTS: (SIGNATURE) PLANNING DEPARTMENT: COMMENTS: CITYCLERgAPPROVAL: REQUEST FOR COUNCIL ACTION MEETING DATE: 9/6/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. REPORTS AND RECOMMENDATIONS FINANCE 3 ITEM DESCRIPTION: capital Improvement Projects - Transfer of Funds PREPARED BY: Dale Martinson Attached is a prepared resolution closing completed projects, or completed phases within specific projects, and authorizing transfers of the unexpended balances or transfers to fund project deficit balances. The project funds were created and financed pursuant to City Charter, Section 11.10. The total amount of funds transferred for these projects is broken down as follows: Park & Recreation $ 242,919.22 Storm Sewer/Storm Water 24,427.00 Net Funds Transferred $ 267,346.22 The amount of funds transferred to fund active projects as listed in item two of the resolution include funds from the following categories: Street Funds $ 1,462,363.00 Sewer Availability Funds 671,492.00 Water Availability Funds 16,830.00 Sewer Utility Funds 65,899.50 Storm Water Utility Funds 1,426,197.50 Pedestrian Facilities Funds 105,722.00 Park Funds 341,462.22 General Fund Contingency 41,200.00 Future Construction 75,000.00 Future Assessment Funds 134,517.00 Flood Control Sales Tax Funds 3,000,000.00 Sales Tax 2,762,653.70 Net Funds Transferred $ 10,123,336.92 u COUNCIL ACTION REQUESTED; Respectfully request a motion adopting the prepared resolution closing completed improvement projects, or completed phases within specific projects, and transferring funds pursuant to the City Charter, Section 11.10; and to transfer the stated amounts to fund active projects listed in item # 2 below. COUNCIL ACTION: Motion by: second by: to. \Y RESOLUTION WHEREAS, the Common Council has appropriated funds to the following projects: Project # Project Description Amount Parks & Recreation (22,382.88} 2877 Rec Center Air Quality Improvements Trf fnds fr J2919 (Rec Center Improvements) to J2877 22,382.88 2880 Central Park Improvements (return fnds to J2899) 69.39 2882 The Gardens Park Development (486.17) Trf fnds fr J2895 (SE Park Dedication Fnds) to J2882 486.17 2891 Century Hills Park Development (return fnds to J2896) 5,029.17 2893 Goose Egg Park Development (return fnds to J2898) 13,709.47 2894 Glendale Park Development (return fnds to J2896) 22,678.92 2900 Park Shelters (trf to J2960) 39,057.36 2915 Bleacher Modifications (3,426.27) Trf fnds fr J2899 (Park Acquisition) to J2915 3,426.27 2921 Mohn Park Development (return fnds to J2897) 17,818.31 2922 Playground Equipment (return fnds to J2898) 9,136.18 2936 Joyce Park Development (return fnds to J2895) 21,874.50 2943 West Essex Development (return fnds to J2898) 15,187.59 2955 Southern Woods Park (return fnds to J2897) 75,000.00 2973 Kings Run Park Development (22,480,03) Trf fnds fr J2899 (Park Acquisition) to J2973 22,480.03 2975 North Park Development (return fnds to J2898) 7,080.77 3009 Elton Hills Park Development (return fnds to J2B98) 15,424.56 3011 Meadow Park Development (return fnds to J2895) 853.00 3026 Miracle Field (25,872.17) Trf fnds fr J2972 (Watson Sports Complex) to J3026 7,779.90 Trf fnds fr FE Williams Fund to J3026 18,092.27 Pedestrian Facilities 4941 W Circle Dr Bike Trl fr 2 St SW to Bamber Valley Rd (1.29) Trf fnds fr J4946 (Bikeways) to J4941 1.29 Storm Sewer/Storm Water 2474 Cnstr Storm Water Pond zr.p4.4 N Hts 100.37 2475 Cnstr Storm Water Pond - Rose Harbor Area (7,536.95) Return fnds to J6501 (Storm Water Mgmt) fr J2475 (15,104.83) Trf fnds fr J2729 (Rose Harbor Est 2nd TIF) to J2475 22,641.78 4014 Eng Service -Chalet Dr & 31 St NW Drainage (return fnds to 412 Fnd) 24,326.63 4015 Drainage Study - 7 St & 13 AV NW Area (733.07) Trf fr 49650 (Storm Water Utility) to J4015 733.07 6517 Surface Water Imprvmnts north of 7.5 St NE (27,559.31) Trf fr 49650 (Storm Water Utility) to J6517 27,559.31 6523 Woodland Dr SW SUS Extension (1,880A2) Trf fr 422 (Sales Tax) to J4014 1,880.42 r. 6524 Eagle Ridge 4 & 5 Pond 127 SW (48,310.90) Trf fr 49650 (Storm Water Utility) to J6524 24,155.45 Trf fr J6501 (Storm Water Mgmt) to J6524 24,155.45 6531 Repair Outlet Pond 128 Badger Ridge Subd (9,292.61) Trf fr 49650 (Storm Water Utility) to J6531 9,292.61 6533 Baihly Woodlands Ravine stabilization (1,307.49) Trf fr 49650 (Storm Water Utility) to J6533 1,307.49 Basic Construction/Owner Contract Projects 5193 W/M & Hydrant>West 19 Plaza - O/C (3,765.20) Trf fr J6501 (Storm Water Mgmt) to J5193 3,765.20 Traffic Signals 6392 Traffic Signal @ Hwy 63 N & Rocky Creek Dr (496.09) Trf fr J4844 (MSAS Account) to J6392 496.09 6398 Traffic Signal @ H63 & 25 St SE (60,199.99) Trf fr J4844 (MSAS Account) to J6398 14,758.74 Trf fr J2201 (Street Resurfacing) to J6398 45,441.25 Other 1003 Roch Art Center Bldg demo (17,145.87) Trf fnds fr J1994 (Future Construction) to J1 D03 17,145.87 1969 LEC Remodeling (21,856.86) Trf fnds fr BU #49404 (Parking Fund) to J1969 21,856.86 1992 Fire Sta #2 roof repair/remodeling (1,848.33) Trffnds fr J1994 (Future Construction) to J1992 1,848.33 2019 Fire Safe Escape/Sprinkler Trailer (4,698.03) Trf fnds fr J1994 (Future Construction) to J2019 4,698.03 Total unexpended balances 267,346.22 WHEREAS, the above listed projects have been completed and all costs of said improvements have been paid. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Rochester, Minnesota in compliance with the Charter of the City of Rochester, Minnesota, Section 11.10 that: 1. The above named funds shall be discontinued and the total unexpended balances in said funds shall be transferred to the following local improvement project funds: 'roiect # Proiect Description Amount Park 2895 SE Park Dedication Funds 22,727.5D 2896 NE Park Dedication Funds 27,708.09 2897 SW Park Dedication Funds 2898 NW Park Dedication Funds 2899 Future Park Acquisition (fr J2880) 2960 Withers Sports Complex Storm SewerlStorm Water 4883 Flood Control Fund -- J4014 6501 Storm Water Management Contributions -- fr J2474 Total unexpended balances transferred 92.81 B.31 60,538.57 69.39 39,057.36 24,326.63 100.37 $ 267,346.22 2. The following is a summary of transfers that were recorded in 2006 based on documentation from various sources. These transfers do not result in the closure of specific projects. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Rochester, Minnesota that the foilowing transfer amounts be officially and formally accepted and approved. Project Amount Number Project Description 1963 Trf fnds fr BU 49650 (Storm Wtr Fnd) to J1963 (Digital Ortho Photography) 7,757.50 1963 Trf fnds fr BU 49631 (Sewer Fnd) to J1963 (Digital Ortho Photography) 7,757.50 1980 Trf fnds fr Gen Fnd Contingency to J1980 (DME Concern) 41,200.00 2175 Trf fnds fr 422 (Sales Tax) to J2175 (E Zmbro Rvr Sn/S) 2,560,000.00 2175 Trf fnds fr J8212 (SnIS Capacity Rlf Chg) to J2175 (E Zmbro Rvr Sn/S) 600,000.00 2937 Trf fnds fr 422 (Sales Tax) to J2937 (RCTC Health Science Center) 179,300.00 2939 Trf fnds fr 422 (Sales Tax) to J2939 (UCR Football/Soccer Stadium) 23,353.70 2944 Trf fnds fr J2878 (SF Park Dvlpmnt) to J2944 (Repl Tennis Courts) 80,000.00 2981 Trf fnds fr 412 (Flood Control Fund) to J2981 (Cascade Lake Devlpmnt) 1,500,000.00 2991 Trf fnds fr 412 (Flood Control Fund) to J2991 (EWGC Redevelopment) 1,500,000.00 2991 Trf fnds fr J1994 (Future Constr) to J2991 (EWGC Redevelopment) 75,000.00 3012 Trf fnds fr J2888 (Backstop Repl) to J3012 (Silver Lake Park) 6,880.D0 3D13 Trf fnds fr J2888 (Backstop Repl) to J3013 (N Hts Park) 1,850.00 3025 Trf fnds fr FE Wlms Fund to J3025 (Youth Fastpitch Softball Flo) 21.27422 4008 Trf fnds fr 49650 (Storm Wtr Utility) to J4008 (Cnstr Pond Kr-pl .8c) 5,000.00 4008 Trf fnds fr J6501 (Storm Wtr Mgmt) to J4008 (Cnstr Pond Kr-pl.8c) 5,000.00 4013 Trf fnds fr 49650 (Storm Wtr Utility) to J4013 (Welch Prop Storm Wtr Ponds) 221,500.00 4013 Trf fnds fr J6501 (Storm Wtr Mgmt) to J4013 (Welch Prop Storm Wtr Ponds) 221,500.00 4608 Trf fnds fr J8307 (Sidewalk Constr) to J4608 (S/W east side 18 Av) 50,322.00 4609 Trf fnds fr J8204 (Future Asmnts) to J4609 (2006 S1W Constr) 117,900.00 4611 Trf fnds fr J4606 (Future Constr-HC ramps) to J4611 ('06 Ped Ramps) 55,400.00 5166 Trf fnds fr J2201 (Street Resurfacing) to J5166 (Recon34AvNW<9St>end) 14,525.00 5166 Trf fnds fr J6501 (Storm Wtr Mgmt) to J5166 (Recon34AvNW<9St>end) 25,405.00 5166 Trf fnds fr J8202 (Swr Avail Chgs) to J5166 (Recon34AvNW<9St>end) 13,350.00 5166 Trf fnds fr J8201 (Wtr Avail Chgs) to J5166 (Recon34AvNW<9St>end) 16,830.00 6512 Trf fnds fr 49650 (Storm Wtr Utility) to J6512 (QHNC Ponds) 97,000.00 6519 Trf fnds fr 49650 (Storm Wtr Utility) to J6519 (Pond kr-pl .2) 1.300.00 6519 Trf fnds fr J6501 (StrmWtr Mgmt Chgs) to J6519 (Pond kr-pl .2) 1,300,00 6520 Trf fnds fr 49650 (Storm Wtr Utility) to J6520 (Pond zrp4.6) 35,000.00 L� 6520 Trf fnds fr J6501 (StrmWtr Mgmt Chgs) to J6520 (Pond zrp4.6) 35,000.00 6525 Trf fnds fr 49650 (Storm Wtr Utility) to J6525 (Century His 1st) 34,100.00 6526 Trf fnds fr 49650 (Storm Wtr Utility) to J6526 (Cascade Lake Imprvmnts) 167,000.00 6526 Trf fnds fr J6501 (StrmWtr Mgmt Chgs) to J6526 (Cascade Lake Imprvmnts) 167,000.00 6527 Trf fnds fr 49650 (Storm Wtr Utility) to J6527 (Pond zrp2.5a) 25,400.00 6527 Trf fnds fr J6501 (StrmWtr Mgmt Chgs) to J6527 (Pond zrp2.5a) 25,400.00 6534 Trf fnds fr 49650 (Storm Wtr Utility) to J6534 (SUS H14 to EWGC) 9,000.00 6535 Trf fnds fr J6501 (StormWtr Mgmt Chgs) to J6535 (Pond EP11) 4,000.00 6535 Trf fnds fr 49650 (Storm Wtr Utility) to J6535 (Pond EP11) 4,000.00 6536 Trf fnds fr 49650 (Storm Wtr Utility) to J6536 (Pond EP16) 10,000.00 6536 Trf fnds fr J6501 (StrmWtr Mgmt Chgs) to J6536 (Pond EP16) 10,000.00 6537 Trf fnds fr 49650 (Storm Wtr Utility) to J6537 (Pond #151-Salem Hts) 15,400.00 6538 Trf fnds fr 49650 (Storm Wtr Utility) to J6538 (SUS 2702 Century Ln NE) 9,800.00 6539 Trf fnds fr 49650 (Storm Wtr Utility) to J6539 (Ext SUS Rossi Ct NW) 9,800.00 7237 Trf fnds fr J8204 (Future Asmnts) to J7237 (Recon Alley 500 Blck) 16,617.00 7237 Trf fnds fr J2200 (Street Rehab) to J7237 (Recon Alley 500 Blck) 81,676.00 7245 Trf fnds fr J2991 (EWGC Redevelopment) to J7245 (H14 & CSAH 22 Intrsctn) 231,458.00 7744 Trf fnds fr J6501 (StrmWtr Mgmt Chgs) to J7744 (Hadley Vly TSn/S) 175,538.00 7745 Trf fnds fr J8202 (Sewer Avail Chgs) to J7745 (Sn/S<REA Trkln>RochTownClub 58,142.00 7745 Trf fnds fr 49631 (Sewer Utility) to J7745 (Sn/S<REA Trkin>RochTownClub 58,142.00 7745 Trf fnds fr J6501 (Storm Wtr Mgmt) to J7745 (Sn/S<REA Trkln>RochTownClub 103,997.00 9707 Trf fnds fr J7229 (Westside TID) to J9707 (Widen 19 St NW) 969,162.00 9708 Trf fnds fr J7223 (Overland Dr TID) to J9708 (Overland Drive) 417,000.00 Net Funds Transferred $ 10,123,336.92 3. The Director of Finance is hereby authorized and directed to put into effect the provision of this resolution as of August 31, 2006 Passed and adopted by the Common Council of the City of Rochester, Minnesota, this 6th day of September, 2006. President of said Common Council City Clerk Approved this day of ,2006. Mayor of said City (Seal of the City of Rochester, Minnesota) r. REQUEST FOR COUNCIL ACTION REPORTS & RECOMMENDATIONS 'ING DEPT: PLANNING ITEM DESCRIPTION: Request to Initiate Text Amendment to clarify the zoning certificate issuance process when part of a Sound Amplification Permit application. August 29, 2006 MEETING 1t� DATE: 9-6-06 ` -W,q 4EPARED BY: Mitzi A. Baker, Senior Planner Applications for Sound Amplification Permits are routed to several departments for review and signature. The Zoning Administrator signature verifies that the use has been reviewed for compliance with applicable Ordinances and is deemed as the Planning Department approval to proceed with the activity, as a Zoning Certificate. There is a need, however, to clarify in the Ordinance that the Zoning Administrator signature on an application for a Sound Amplification Permit is the Zoning Certificate. Attached is a draft amendment to the Rochester Zoning Ordinance and Land Development Manual that will provide the necessary clarification. The Planning Department currently does not collect a Zoning Certificate fee in conjunction with an application for a Sound Amplification Permit. The current Zoning Certificate fee which would be charged is $23.00. If the Department is not to charge a fee, then Section 60.175 should also be amended to set the Zoning Certificate fee at $0 when issued as part of an application for a Sound Amplification Permit. Planning Director Addendum: We are currently involved in sound amplification permits as a referral from the City Clerk. The Planning Department relies on other agencies for response to referrals, and we appreciate our responsibility in this regard and understand the interest in having only one City fee related to this activity. However, since the review of sound amplification permits with regard to zoning compliance takes a significant amount of staff time, charging the zoning certificate fee to sound amplification permit applicants would be reasonable. According to the City Clerk's office, 102 licenses were issued in 2005 with 86 thus far in 2006. Eliminating the zoning certificate fee would continue the current practice of incurring $2,500 to $3,000 in costs related to sound amplification permits, without fee reimbursement. In other words, those costs will be absorbed by County taxpayers. Council Action Needed: 1. If the Council wishes to proceed, the amendments should be initiated and referred to the Planning Commission. Distribution: l 1. City Clerk 2. City Administrator 3. City Attorney L ACTION: Motion by: Second by: to: 61.110 ZONING CERTIFICATE: A document issued by the Zoning Administrator authorizing a development to proceed based on information included on the application evidencing compliance with ordinance requirements. 61.111 When a Zoning Certificate is Required: Subdivision 1. A zoning certificate shall be required before 1) any new use may be established involving a change in the manner in which the exterior portion of a site is used or involving the erection, construction, reconstruction or alteration (as defined) of a building or structure; 2) an existing use is changed or modified so as to alter the character of its occupancy; 3) the re-establishment of a use involving the erection, reconstruction, construction or alteration of a building or structure; or 4) the establishment of a temporary use on a site may proceed. f 1.112 _ Procedure: All zoning certificates shall be processed under the Type I review _ _ _ - Deleted: >I procedure outlined in subsection 60.510. 4 61.113 Submission Criteria: Appendix B outlines the information that is to be submitted with an application for a zoning certificate. 61.114 Criteria or Approval of Zoning Certificates: It shall be the duty of the Zoning Administrator to issue the zoning certificate provided that he is satisfied that the use and layout of the development as indicated on the site plan conform with ordinance requirements. No zoning certificate authorizing a conditional use, or requiring a variance, special relief, or design modification, shall be issued until said permit has been approved under the regulations of this ordinance, and the zoning certificate evidences compliance with any conditions attached to the approval of said permit. 61.115 Approval of Temporary Uses: The zoning administrator may approve a zoning certificate for a temporary use in the form of a revocable permit for a period not to exceed 12 months subject to conditions that will safeguard the public health, safety and general welfare. Specific restrictions applying to certain types of temporary uses are: A. Carnival or Circuses: No structure or equipment shall be within 500 feet of any residential property line. B. Christmas Tree Sales: Only permitted in non-residential zoning districts for a period not to exceed 45 days. C. Contractor's Office and Construction Equipment Shed: Permitted in any district where use is incidental to a construction project. The office or shed shall not contain sleeping or cooking l accommodations, and shall be removed upon completion of the construction project. D. Seasonal Sales of Farm Produce: Sale areas shall be set back a minimum of 20 feet from any right-of-way. E. Public Gatherings (Concerts, religious meetings, tent meetings): Unless the public gathering is the subiect of an approved Sound Amplification Permit issued pursuant to Chapter 1171 jTthe organizers of such events shallpresent a traffic control _ _ _ _ _ _ _ _ - - - - Fonnacc d: Smkemmgh and parking plan that has been approved by the Police Department and the City Traffic Engineer. The site shall be cleared of debris at the end of the event and all temporary structures removed within 20 days after the close of the event. F. Storage Containers: Storage containers placed as temporary uses may not block fire lanes, no -parking zones or restrict emergency vehicles, delivery or other vehicle circulation. The placement of the container shall not block the visibility for vehicles or pedestrians entering or exiting the site. No solid or hazardous waste or hazardous material is permitted in or around the storage containers. No materials may be stacked or stored on top of the storage container. 61,116 Certificate of Zoning Compliance: A document issued by the Zoning Administrator permitting the occupancy of a Type III use in a building or on a parcel of land to commence, based upon a finding that the development is consistent with the terms of the zoning certificate authorizing the development. The Zoning Administrator may approve a conditional certificate of zoning occupancy where conditions beyond the control of the applicant exist which will not permit total completion of the development for a specified period of time. REQUEST FOR COUNCIL ACTION RESOLUTIONS AND ORDINANCES ORIGINATING DEPT: CITY ATTORNEY'S OFFICE MEETING l-7jk DATE: 9/6/06 G ITEM DESCRIPTION: TERRY L. ADKINS RESOLUTIONS AND ORDINANCES I -rT'A G. 1 G. 2. FIRST READING OF ORDINANCES, as appropriate. G. 3. SECOND READING OF ORDINANCES (for adoption). a) An Ordinance Annexing To The City Of Rochester Approximately 23.32 Acres Of Land Located In A Part Of The West Half Of The Northwest Quarter Of Section 4 And A Part Of The East Half Of The Northeast Quarter Of Section 5, Township 106 North, Range 14 West, Olmsted County, Minnesota. Said property is located on the West side of West Circle Drive and on the South Side of Country Club Road. i b) An Ordinance Creating And Enacting Section 93.14 Of The Rochester Code Of Ordinances, Relating To The Granting Of A Public Transportation Franchise To Mohamed Hussein Salah D/B/A Hirale. (A request has been made by the City Clerk to suspend the rules) G.4, MISCELLANEOUS COUNCIL ACTION: Motion by: Second by: to: