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: