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10/02/2006_Regular
CITY OF ROCHESTER COUNCIL AGENDA O/ COUNCIL/BOARD CHAMBERS (0 GOVERNMENT CENTER 151 4T" STREET SE MEETING NO. 24 OCTOBER 2, 2006 REGULAR 7:00 P.M. PLEDGE OF ALLEGIANCE PAGE 1-2 A) OPEN COMMENT PERIOD B) CALL TO ORDER C) LETTERS AND PETITIONS 3-4 D) CONSENT AGENDAIORGANIZATIONAL BUSINESS 1) Approval of Minutes 5-6 2) South Zumbro Watershed Surface Water Management Plan Update 7-8 3) Request for a Public Hearing to Establish Development District #34 and Tax Increment Financing District #34-1 for the Village on Third Housing Project 9-10 4) Request for a Public Hearing to Establish Development District #35 and Tax Increment Financing District #35-1 for the Castleview Apartments Housing Project 11-12 5) Change Order #2 with Century Fence Company for the Perimeter Fencing Project 13-14 6) On -Sale Intoxicating and Sunday Liquor License — Radisson Plaza Hotel — Ownership Restructuring 15-16 7) Licenses, Bonds & Miscellaneous City Activities 17-18 8) Appointment of Election Judges for State General Election to be held on November 7, 2006 19-20 9) On -Sale Wine License — B & B Pizza, Inc 21-22 10) Currency Exchange License Renewals — South and North Wal-Mart Stores and Pawn America Minnesota, LLC 23-24 11) Approval of Accounts Payable 25-36 12) Roadway Name Change: 7th Street N.W. to Wilder Road N.W. and roadway naming of unnamed frontage road 37-40 13) Consideration of Public Utility Board Action 41-42 14) Engineering Services Contract for Design Services for Public Improvements to W' Ave NW from Nicklaus Dr to Valley High Dr (J-9719) Council Agenda Monday, October 2, 2006 Page 2 of 3 43-44 45-46 47-56 57-58 59-60 61-62 63-64 65-66 67-68 69-70 71-72 73-74 75-76 77-78 E) 79-80 81-82 -_911021 105-132 133-148 15) MNDOT Limited Use Non -Motorized Recreational Trail Permit: (J4946 & J4947) 2006 Bikeway Paving and Reconstruction 16) Advertise for Bids: Quarry Hill Ravine and Stream Stabilization Project (J6512) and Parkwood Hills Sub-Trunkline Sanitary Sewer (J7754) 17) Feasibility Report: Sub-Trunkline Sanitary Sewer in Portions of SSA 15E, 15-11 and 15-12 in Rochester Twsp, J7757 18) Stormwater Conveyance Agreement — Engholm/Dzonlagic Property (N '/2 of Lot 7, Block 18, Golden Hill Addition) 19) Revocable Permit — Engholm/Dzonlagic Property (N '/z of Lot 7, Block 18, Golden Hill Addition) 20) Pedestrian Facilities Agreement — Timothy R. Daly and Karen E. Daly (641 Southtown Heights Dr SW) 21) Pedestrian Facilities Agreement — Kenneth R. Saling and Ruth D. Saling (M&B#06-03) 22) Stormwater Facility Use & Maintenance Permit Agreement — Hart Farm Fourth & Hart Farm South developments 23) Owner Contract — W atermain & Hydrants to Serve Target (Maine Street) — J5228 24) Owner Contract — Watermain & Hydrants to Serve Wehrenberg Theaters (Maine Street) — J5243 25) Owner Contract — 2006 Public Improvements to Serve Lowe's Retail Center (Maine Street) — J5232 26) Establish "No Parking" Zone on Wood Lake Drive SE 27) Revocable Permit: Cosmetic Steel Overhang on Building 923 6w Street NW 28) Establish No Parking Zone: Towne Club Parkway S.E. from TH 14 to Eastwood Road S.E. HEARINGS 1) Appropriation of 2007 Community Development Block Grant (CDBG) monies 2) Determine the Issuance of Revenue Bonds Under Minnesota Statutes, Sections 469.152 through 469.165, as Amended, on Behalf of Zumbro Valley Mental Health Center in the amount of $1,200,000. 3) Type III, Phase II Restricted Development Permit #06-26 by Zumbro Valley Mental Health Center to establish a Residential Facility on property described as Lot 2, Block 2 Wood Lake Park Second Subdivision and is requesting waiver of the Final Plant Review. 4) Amendment to General Development Plan #253, Pinewood Summit, by Joel Bigelow & Sons Enterprises, Inc., on property located north of TH52, south of Pinewood Road, in the vicinity of 251h and 261h Avenue S.E. 5) Preliminary Plat #06-20 by Joel Bigelow & Sons Enterprises, Inc. to be known as Pinewood Summit First Addition Council Agenda Monday, October 2, 2006 Page 3 of 3 149-162 6) Final Plat #06-23 by Bigelow Homes to be known as Harvestview Third 163-168 7) Vacation Petition #06-12 by Bradley & Rayelle Goeden to vacate a utility easement along the southeasterly line of Lot 46, Block 1 Northern Heights East Sixth Subdivision. 169-176 8) Annexation Petition #06-06, by BY US LLC to annex land located north of TH52, south of Pinewood Road, in the vicinity of 25`h and 261h Avenue S.E. F) REPORTS AND RECOMMENDATIONS 177-178 1) Sound Amplification Requests G) RESOLUTIONS AND ORDINANCES 179-180 H) TABLED ITEMS 1) OTHER BUSINESS J) ADJOURNMENT REQUEST FOR COUNCIL ACTION MEETING DATE: 1 t OPEN COMMENT PERIOD ITEM DESCRIPTION: OPEN W0MI GIC CITY ADMINISTRATOR ITEM NO. A PREPARED BY: S. KVENVOLD This agenda section is primarily for the purpose of allowing citizens to address the City Council on a topic of their choice. The following guidelines apply: • This section of the agenda may not be used as a forum to continue discussion on an agenda item which has already been held as a public hearing. • This agenda section is limited to 15 minutes and each speaker is limited to 4 minutes. • Any speakers not having the opportunity to be heard will be first to present at the next Council meeting. • Citizens may only use this forum to address the Council on a maximum of one time per month. • Matters currently under negotiation, litigation or related to personnel will not be discussed in this fonun. • Questions posed by a speaker will generally be responded to in writing. COUNCIL ACTION: Motion by: second by. to: REQUEST FOR COUNCIL ACTION CONSENT AGENDA ITEM DESCRIPTION: APPROVAL OF CITY ADMINISTRATOR AGENDA ITEMS MEETING DATE: 10/2/06 ITEM NO. D-1-28 PREPARED BY: G. NEUMANN This RCA lists all the items which have been included in the consent agenda for this meeting. The Council can approve all of the items with a single motion to approve. The Council President will allow the Councilmembers an opportunity to state whether there are any of these items which you wish to have removed from the consent agenda approval and to have them discussed and acted upon separately by the Council. The consent agenda for this meeting consists of the following RCAs: 1) Approval of Minutes 2) South Zumbro Watershed Surface Water Management Plan Update 3) Request for a Public Hearing to Establish Development District #34 and Tax Increment Financing District #34-1 for the Village on Third Housing Project 4) Request for a Public Hearing to Establish Development District #35 and Tax Increment Financing District #35-1 for the Castleview Apartments Housing Project 5) Change Order #2 with Century Fence Company for the Perimeter Fencing Project 6) On -Sale Intoxicating and Sunday Liquor License — Radisson Plaza Hotel — Ownership Restructuring 7) Licenses, Bonds & Miscellaneous City Activities 8) Appointment of Election Judges for State General Election to be held on November 7, 2006 9) On -Sale Wine License — B & B Pizza, Inc 10) Currency Exchange License Renewals — South and North Wal-Mart Stores and Pawn America Minnesota, LLC 11) Approval of Accounts Payable 12) Roadway Name Change: 7'" Street N.W. to Wilder Road N.W. and roadway naming of unnamed frontage road 13) Consideration of Public Utility Board Action 14) Elneering Services Contract for Design Services for Public Improvements to 50t Ave NW from Nicklaus Dr to Valley High Dr (J-9719) 15) MNDOT Limited Use Non -Motorized Recreational Trail Permit: (J4946 & J4947) 2006 Bikeway Paving and Reconstruction 16) Advertise for Bids: Quarry Hill Ravine and Stream Stabilization Project (16512) and Parkwood Hills Sub-Trunkline Sanitary Sewer (J7754) 17) Feasibility Report: Sub-Trunkline Sanitary Sewer in Portions of SSA 15E, 15-11 and 15-12 in Rochester Twsp, J7757 18) Stormwater Conveyance Agreement — Engholm/Dzonlagic Property (N '/z of Lot 7, Block 18, Golden Hill Addition) 19) Revocable Permit — Engholm/Dzonlagic Property IN '/z of Lot 7, Block 18, Golden Hill Addition) COUNCIL ACTION: Motion by: Second by: to: a Page 2 October 2, 2006 20) Pedestrian Facilities Agreement — Timothy R. Daly and Karen E. Daly (641 Southtown Heights Dr SW) 21) Pedestrian Facilities Agreement — Kenneth R. Saling and Ruth D. Saling (M&B#06-03) 22) Stormwater Facility Use & Maintenance Permit Agreement — Hart Farm Fourth & Hart Farm South developments 23) Owner Contract — Watermain & Hydrants to Serve Target (Maine Street) — J5228 24) Owner Contract — Watermain & Hydrants to Serve Wehrenberg Theaters (Maine Street) — J5243 25) Owner Contract — 2006 Public Improvements to Serve Lowe's Retail Center (Maine Street) — J5232 26) Establish "No Parking" Zone on Wood Lake Drive SE 27) Revocable Permit: Cosmetic Steel Overhang on Building 923 611' Street NW 28) Establish No Parking Zone: Towne Club Parkway S.E. from TH 14 to Eastwood Road S.E. COUNCIL ACTION REQUESTED: Motion to approve consent agenda items REQUEST FOR COUNCIL ACTION MEETING / DATE: 10/2/06 GENDA SECTION: CONSENT ORIGINATING DEPT: City Administrator ITEM NO� ITEM DESCRIPTION: South Zumbro Watershed Surface Water Management Plan PREPARED BY: Update S. Kvenvold In 2000, The City of Rochester provided $25,000 toward the preparation of Olmsted Countys South Zumbro Watershed Storm Water and Capital Improvement Plan (Plan). Bonestroo, Rosene, Andertik & Associates, Inc. was the consulting firm that completed the Plan in 2003. The Department of Natural Resources (DNR) does not support the County's initial approach of locating storm water management structures within the main channel of Cascade Creek because it is a protected watercourse. Therefore, Olmsted County must now evaluate alternative ponding locations outside the Public Waters Inventory protected watercourses. At the Countys request, Bonesteroo has provided a proposal to complete a "Hydrologic Study of Ponding Opportunities in Cascade Tributaries" (Study) at a cost of $15,OD0. This Study will provide for the qualitative assessment of 10 to 16 sites, from which 4 to 6 new sites will be selected for more detailed flow modeling. A final report will be completed by the end of October. With this Plan update, Olmsted Countywill be in a better position tD vie for Clean Water Legacy Act grant funds to begin implementing their Plan. Olmsted and Dodge Counties submitted a pie -application to the Minnesota Board of Water and Soil Resources requesting approximately $500,000 from Clean Water Legacy Act funds. If awarded, the funding would be used to install storm water management structures to control peak flows in the Cascade Creek Watershed upstream of Cascade Lake. A City funding match is not required to support the Olmsted and Dodge Countygrant application. The County Administrative Committee has already approved $7,500 for the Study. The County is requesting $7,500 from the City to fully fund Bonestroo's additional work. COUNCIL ACTION REQUESTED: Approval to provide $7,500 to Olmsted County in support of the "Hydrologic Study of Ponding Opportunities in Cascade Tributaries" to update the South Zumbro Storm Water and Capital Improvement Plan. Funds would be allocated from the 49650 -81390 account (Storm Water Utility — Other Expert and Professional services). This contribution does not obligate the City for work beyond the scope of the September 1, 2006 Bonestroo proposal or for any project cost overruns. Additionally, participation in this study will not obligate the City for any cost participation to implement the storm water management measures advocated by this new Study in or the County Plan. With this allocation, Olmsted County will be expected to provide the City with one hard copy of the Study report and copies of the electronic files for the report, including the flow modeling files. OUNCIL ACTION: Motion by Second by: to: H:1Sto ate \SZR CIP Plan revision fu dm2 revues[ DDC 0 Date: September 20, 2006 To: Steven Kvenvold From: Terry Lee Re: Request for funding update of the South Zumbro Storm Water and Capital Improvement Plan Olmsted County is requesting that the City of Rochester consider contributing half of the funding required for updating the South Zumbro Storm Water and Capital Improvement Plan. The update is needed to respond to new Minnesota Department of Natural Resources siting requirements for flow control structures. Making those changes will allow us to use Clean Water Legacy grant funding to implement the plan. Bonestroo, Rosene, Anderlik & Associates, Inc. has provided a proposal for updating the plan for a fee of $15,000 (proposal attached). The County Administrative Committee has already approved $7,500 in funding for Olmsted's half of the costs. Olmsted and Dodge Counties anticipate requesting approximately $500,000 in grant funding from the Minnesota Board of Water and Soil Resources Clean Water Legacy monies. The funding would be used to install water flow structures in the Cascade Creek Watershed upstream of Cascade Lake. No match is required for that funding so Olmsted County will not be requesting such funds from the City of Rochester. If you have any questions regarding this request, please call me at 285-8335 REQUEST FOR COUNCIL ACTION MEETING DATE: 10/2/06 Icnura ace nvn. — - - CONSENT AGENDA CITY ADMINISTRATOR , ITEM DESCRIPTION: Request for a public hearing to establish Development District # 34 and PREPARE Tax Increment Financing District #34-1 for the Village on Third Housing Project T.SPAET The City was recently approached by Weis Development regarding a proposed 66 unit rental housing project to be located on the fringe of the downtown core area. The project is to be located along the east side of 3rd Avenue SE, between 5d' and 6"' Street SE. The developer is seeking the City's allocation of 2007 Housing Tax Credits, and is also requesting TIF assistance from the City of Rochester. At this time, the staff is requesting the initiation of a public hearing for approval of a Development District and Tax Increment Financing District for this project. COUNCIL ACTION REQUESTED: Adopt the resolution initiating the process for approval of Development District and Tax Increment Financing Plans and calling for a public hearing at the November 2, 2006 City Council meeting. COUNCIL ACTION: Motion by: second by: to: 0 RESOLUTION NO. RESOLUTION INITIATING PROCESS FOR APPROVAL OF DEVELOPMENT DISTRICT AND TAX INCREMENT FINANCING PLANS AND CALLING A PUBLIC HEARING BE IT RESOLVED by the Common Council (the "Council") of the City of Rochester, Minnesota (the "City"), as follows: Recitals. (a) Pursuant to Minnesota Statutes, Sections 469.124 through 469.134, the City is authorized to exercise development district powers; and (b) It has been proposed that the City establish its Development District No. 34 (the "Development District"); adopt the Development Program for the Development District; and establish a new Tax Increment Financing District No. 34-1 within the Development District and approve the related tax increment financing plan (collectively, the "Plans"); all pursuant to and in conformity with applicable law; and (c) The Council is required to hold a public hearing on the Plans, as required by Minnesota Statutes, Sections 469,126, Subdivision 1, and 469.175, Subdivision 3. 2. Public Hearin. The Council will hold a public hearing on the Plans at a meeting of the Council to be held in the CounciLBoard Chambers in the government center on Monday, November 6, 2006, commencing at 7:00 p.m., Central Time. City staff is hereby authorized and directed to cause the notice of public hearing which is attached to this Resolution to be published in the City's official newspaper not more than 30 and not less than 10 days prior to the scheduled hearing date. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS 2ND DAY OF OCTOBER, 2006. PRESIDENT OF SAID COMMON COUNCIL ATTEST: CITY CLERK Approved this day of October, 2006 (Seal of the City of Rochester, Minnesota) MAYOR OF SAID CITY 1946546,1 MEETING OL e— CONSENT AGENDA REQUEST FOR COUNCIL ACTION DATE: IC ORIGINATING DEPT: I ITEM NO. CITY ADMINISTRATOR — ITEM DESCRIPTION: Request for a public hearing to establish Development District # 35 and I PF Tax Increment Financing District #35-1 for the Castleview Apartments Housing T. The City was approached by Salvation Army regarding a proposed 32 unit rental housing project to be located on the fringe of the downtown core area. The project is to be located on the Salvation Army property located at the SE comer of the North Broadway and Vo Street NE intersection. The proposed project consists of 32 apartment units, of which 16 will serve low to moderate income persons, and 16 units will serve homeless persons. The project also consists of a medical and dental clinic on the I' floor of the building, that will serve low to moderate income persons. The developer is requesting TIF assistance from the City of Rochester. At this time, the staff is requesting the initiation of a public hearing for approval of a Development District and Tax Increment Financing District for this project. COUNCIL ACTION REQUESTED: Adopt the resolution initiating the process for approval of Development District and Tax Increment Financing Plans and calling for a public hearing at the November 2, 2006 City Council meeting. COUNCIL ACTION: Motion by: Second by: to: i RESOLUTION NO. RESOLUTION INITIATING PROCESS FOR APPROVAL OF DEVELOPMENT DISTRICT AND TAX INCREMENT FINANCING PLANS AND CALLING A PUBLIC HEARING BE IT RESOLVED by the Common Council (the "Council") of the City of Rochester, Minnesota (the "City"), as follows: Recitals. (a) Pursuant to Minnesota Statutes, Sections 469.124 through 469.134, the City is authorized to exercise development district powers; and (b) It has been proposed that the City establish its Development District No. 35 (the "Development District"); adopt the Development Program for the Development District; and establish a new Tax Increment Financing District No. 35-1 within the Development District and approve the related tax increment financing plan (collectively, the "Plans"); all pursuant to and in conformity with applicable law; and (c) The Council is required to hold a public hearing on the Plans, as required by Minnesota Statutes, Sections 469,126, Subdivision 1, and 469.175, Subdivision 3. 2. Public Hearing. The Council will hold a public hearing on the Plans at a meeting of the Council to be held in the Council/Board Chambers in the government center on Monday, November 6, 2006, commencing at 7:00 p.m., Central Time. City staff is hereby authorized and directed to cause the notice of public hearing which is attached to this Resolution to be published in the City's official newspaper not more than 30 and not less than 10 days prior to the scheduled hearing date. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS 2ND DAY OF OCTOBER, 2006. PRESIDENT OF SAID COMMON COUNCIL ATTEST: CITY CLERK Approved this day of October, 2006 (Sea] of the City of Rochester, Minnesota) MAYOR OF SAID CITY 1946546A GENDA SECTI1 Consent REQUEST FOR COUNCIL ACTION ORIGINATING DEPT: Rochester International Airport ITEM DESCRIPTION: Change Order #2with Century Fence Company for the Perimeter Fencing Project. The Rochester Airport Commission recommends and requests Council authorization to: MEETING V ` DATE: 08/07/06 ITEM NO. b'5 PREPARED BY: Steven W. Legve Accept Change Order #2 with Century Fence Company for the Perimeter Fencing and Security Upgrades Project at the Rochester International Airport. This change order involves an upgrade to the existing communication hardware and an upgrade to the existing communication platform (from copper to fiber optic) between the Terminal Building and the Maintenance Building. This communication upgrade will also enable better communication between the two buildings to connect CCTV and access control equipment. (6972) (FAA AIP 3-27-0084-2-06) (MnDot 5501-148) Changer Order #A New Total Project Cost: Funding: 95% Federal 5% Local $14,999.55 $1,200,417.17 COUNCIL ACTION REQUESTED: Resolution authorizing the Mayor and the City Clerk to execute Change Order #2 with Century Fence Company. COUNCIL ACTION: Motion by. second Consent Agenda REQUEST FOR COUNCIL ACTION City Clerk MEETING DATE: 10/2/06 3 ITEM NO. ITEM DESCRIPTION: On -Sale Intoxicating and Sunday Liquor License - Radisson Plaza t Kr-rAKev o T: Hotel - Ownership Restructuring Judy Scheer The current ownership of the Radisson Plaza Hotel, BGD5 Limited Partnership, is in the process of refinancing the property. Under the restructure there will be no change in ownership by individuals but in the change of the name of the entity holding the On -Sale Intoxicating and Sunday Liquor Licenses. The liquor license will be changed to BGD5 Hotel LLC dba Radisson Plaza Hotel. COUNCIL ACTION REOUESTED A motion to approve the change of corporate ownership of the Radisson Plaza Hotel On -Sale Intoxicating and Sunday Liquor Licenses from BGD5 Limited Partnership to BGD5 Hotel LLC. COUNCIL ACTION: motion by: second by: 10: `K MARQUIS HOSPITAI;ITY GROUP A Division of Chafoulias Companies 150 South Broadway Rochester, MN 55904 September 26, 2006 507-281-8000 Fax 507-280-8937 Ms. Judy Scherr City Clerk Rochester City Hall 201 e St. SE, Rm 135 Rochester, MN 55904 Dear Ms. Scherr: Further to our conversation, the current ownership of the Radisson Plaza Hotel, BGD5 Limited Partnership is in the process of re -financing the property. As part of this process, the ownership of the hotel is being restructured. There is no change in the individuals who make up the ownership. The hotel is currently owned 100% by BGD5, Limited Partnership. With the new financing arrangement it will be owned by BGD5 Hotel, LLC, which is made up of two ownership entities. The first of these is BGD5 Limited Partnership, which will own 99% of the new entity, and the remaining 1 % will be owned by BGD5 Hotel Manager, LLC. The ownership of BGD5 Hotel Manager LLC is 99% owned by Gus Chafoulias and 1% by Andrew C. Chafoulias. Both of these parties are owners in BGD5 Limited Partnership. I am enclosing a copy of the organizational chart of the new entity which explains the new ownership structure. Also enclosed is an application for a State of Minnesota Buyer's Card and a check for $20 for the Alcohol and Gaming Enforcement fee for the Buyer's Card We would be most grateful if you could initiate the change of name and legal entity for the Liquor License as soon as possible? Yo s Very Sin rel . tG vin L. Mo oy resident Marquis Hospitality Group Hilton Garden Inn Radisson Plaza Rochester International 225 South Broadway 150 South Broadway Event Center Rochester, MN 55902 Rochester, MN 55904 7333 Airport View Drive S%V 507-ZB5-1234 507-281-8000 Rochester, MN 55902 507-529-0033 steep inn w oar,- 7320 Airport View Drive SW Rochester, MN 55902 507-536-7000 REQUEST FOR COUNCIL ACTION MEETING DATE: 10/02/06 3ENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY CLERK t:>-1 ITEM DESCRIPTION: LICENSES, BONDS & MISCELLANEOUS CITY ACTIVITIES 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. MISCELLANEOUS Mayo High School 1420 1 la' Avenue SE Rochester, MN 55904 Homecoming Parade 10/06/06 Crossroads College 920 Mayowood Road SW Rochester, MN 55902 Drive Thru Nativity 12/01 /06 to 12/02/06 PEDDLERS -CHARITABLE Boy Scout Troop 110 4721 Canterbury Ct. NW Rochester, MN 55901 Cecil Vanderwill 10/01/06 to 10/31/06 Boy Scout Troup 82 Cub Scout Pack 82 1705 1 Os' Street NE Rochester, MN 55906 10/02/06 to 10/31/06 SINGLE GAMBLING Church of the Resurrection 1600 11"' Avenue SE Rochester, MN 55904 11/19/06 4:00 PM to 5:00 PM 6:00 PM to 9:00 PM COUNCIL ACTION: Motion by: Second by: to: \\-9 LICENSE, BONDS AND MISCELLANEOUS CITY ACTIVITIES PAGE October 2"d , 2006 SINGLE GAMBLING Senior Citizens Services 121 North Broadway Rochester, MN 55906 03/31/07 PREMISE PERMIT -TRANSFER (LOCATION) Fraternal Order of Eagles #2228 917 15d' Avenue SE Rochester, MN 55904 ON -SALE 3.2% MALT LIQUOR BB's Pizzaria 3456 East Circle Drive NE Rochester, MN 55906 COUNCIL ACTION REQUESTED A motion to approve the above licenses, bonds, and miscellaneous city activities. Consent Agenda REQUEST FOR COUNCIL ACTION MEETING C DATE: 10/2/06 City Clerk ITEM DESCRIPTION: Appointment of Election Judges for State General Election to be held PREPAREU on November 7, 2006 Judy Scherr The attached list of election judges is submitted for your approval. These individuals will serve at the State General Election to be held on Tuesday, November 7, 2006. There are currently 55,672 registered voters in the City of Rochester. The State General Election will include the City Offices of Mayor and Councilmembers of the First, Third and Fifth Wards. COUNCIL ACTION REQUESTED A motion to approve the list of election judges to serve at the November 7, 2006, State General Election. COUNCIL ACTION: Motion by: Second by to: ADDITIONAL INFORMATION FOR ITEM OCTOBER 2, 2006 AGENDA Mayor & Council Atevan Kvenvold Gary Neumann Terry Spaeth Terry Adkins Richard Freese Election Judges hs of 9/20/2006 2:36:53 PM Page I of 11 1-1 - Studio Academv, 415 16th Street S.W. Beverly A DeBus, Head Judge Judith M Thronson, Co -Head Judge Mary C (Keda) Arnold Sharon Claude Robert E Funk Richard W Haefner Margaret A Hake Sue C Naessens Karen L Pasch Lauren Pehler full day full day half day (2 pm - end of day) half day (2 pm - end of day) Full day half day (2 pm to end of day) half day (6 am - 2:30 pm) full day half day (6 am - 2:30 pm) half day (6 am - 2:30 pm) 1-2 - Resurrection Catholic Church,_1600 11th Avenue S.E. Phyllis D Kirchner, Head Judge full day Urla M Friedline, Co -Head Judge full day George F Heyne full day Marian H Knudsen full day Richard L McMaster full day Carol J Smidt full day Susan Waughtal Full day 1-3 - Golden Hill School, 2220 Third Avenue S.E. Mary Lynn Schiltz, Head Judge full day Dan Amens, Co -Head Judge full day Steve M Jenson full day Tara Kluth half day (2 pm - end of day) Delores M Lofgren full day Crystal Luckadoo half day (6 am - 2:30 pm) Carol Jean Peterson half day (2 pm - end of day) James Lowell Peterson half day (2 pm - end of day) Dave Truxal Prefers half day (6 am - 2:30 pm), might be able to work other shifts 14 - Ben Franklin School, 1801_Ninth Avenue S.E. Penelope (Penny) C Ryno, Head Judge full day Marcia L. Brown, Co -Head Judge full day Jean Chadboum half day (2 pm - end of day) Bryan Mark Logan Full day Jean R Michaels Full day Joan D Newkirk full day Gloria A Pankow full day Jeanine R Ringenberg half day (6 am - 2:30 pm) As of 9/20/2006 2:36:53 PM Page 2 of 11 r 1-5 - Ascension Evaneelical Lutheran Church, 2207 llth Avenue SE Donald L Beck, Head Judge full day William G Beaulieu, Co -Head Judge Full day Emily Carol Anderson full day Lisa L Baldus half day (2 pm - end of day) Alyssa Brereton Full day Cindy L Burt half day (6 am - 2:30 pm) Susan Kinter full day Andrea Kukla full day or half day Total judges - 5 zzz- 1-6 - Bamber Vallev School, 2001 Bamber Valley Road S.W. Robert N Markham, Co -Head Judge full day Patricia (Pat) K Perkins, Co -Head Judge full day Connie L Beck full day Paula Laskowski half day (2 pm - end of day) Lynette M Lenoch-Craft half day (6 am - 2:30 pm) Sandy J MacLaughlin half day (6 am - 2:30 pm) Patricia Mann half day (2 pm - end of day) Ken Randall Full day Total judges - 5 zzz- 1-7 - Oak Hills Weslevan Church, 410 28th Street S.W. Joanne L Decker, Head Judge full day William M O'Fallon, Co -Head Judge full day Sue Butler half day (2 pm - end of day) Gene G Hunder half day (2 pm - end of day) Ingeborg A Hunder half day (2 pm - end of day) Helen K. Scheid full day Melvin Smestad half day (6 am - 2:30 pm) Mary Lou Soukup half day (6 am - 2:30 pm) Katy Torchia half day (6 am - 2:30 pm) 1-8 - Rochester Township Hall, 4111 11th Avenue SW Carolyn F Barsness, Head Judge full day Patricia B Pearson, Co -Head Judge full day Dennis U Anderson full day Vivian Gordon-Weinshenker half day (6 am - 2:30 pm) Mary E Jones half day (2 pm - end of day) Wayne H Laursen Full day Mary G Pesch full day Total judges - 5 zzz- As of 9/20/2006 2:36:53 PM Page 3 of 11 1-9 - Sleeo Inn & Suites, 7320 Airuort View Drive S.W. Barb J Mertz, Head Judge full day Gordon G Carpenter full day Jane Himmer half day (2 pm - end of day) Ella J Rudlong half day (6 am - 2:30 pm) Dewaine Silker full day Total judges - 4 zzz- 2-1 - United Way Buildine, 903 West Center Street Biola (Boe) K. Beistad, Co -Head Judge Sandra E Pederson, Co -Head Judge Ken Allsen Harley F Baker Nancy J Cribbs Wayne D Harris Norton Maass Lucille M Wehrs Lucile Weisbrod full day full day full day half day (6 am - 2:30 pm) half day (2 pm - end of day) half day (2 pm - end of day) half day (6 am - 2:30 pm) full day full day 2-2 - Edison Administrative Building, 615 Seventh Street S.W. Amy C Caucutt, Head Judge full day Mike Podulke, Co -Head Judge full day Edward L. Bailey half day (6 am - 2:30 pm) Donna M Baxter half day (2 pm - end of day) Doris S Bryant half day (6 am - 2:30 pm) Mary Gorfrne full day Leslie J Harrington full day Michael C Mordi Full day 2-3 - Shorewood Senior Housing, 2115 Second Street S.W. Chad Jorgensen, Head Judge full day Darlene L Timmerman, Co -Head Judge full day Thalia H Becker half day (2 pm - end of day) Cathy Finken half day (2 pm - end of day) Chris Gawarecki Full day Kirsten Peterson half day (6 am - 2:30 pm) Sheryl Peterson half day (2 pm - end of day) Mark Schimelpfenig half day (6 am - 2:30 pm) Rose (Rosie) Marie Seegmiller half day (2 pm - end of day) Emily M Snyder full day Jennifer Still half day (6 am - 2:30 pm) As of 9/20/2006 2:36:53 PM Page 4 of 11 2-4 - Autumn Ridfe Church. 3611 Salem Road S.W. Gordon F Hoffmann, Head Judge full day Nancy Ann Bergerson, Co -Head Judge full day John C Fritzke half day (6 am - 2:30 pm) Annette Hutchinson half day (6 am - 2:30 pm) James (Jim) A Morton half day (6 am - 2:30 pm) Sharon K Robinson half day (2 pm - end of day) Brenda Rossman half day (2 pm - end of day) Sandra R Severson full day Martha E Sterner full day Anthony Toft half day (2 pm - end of day) 2-5 - Harriet Bishop School. 406 36th Avenue N.W. Carla M Anderson, Co -Head Judge full day Carrie L Olson, Co -Head Judge full day Julie Assef half day (2 pm - end of day) David Freedman Full day Michael J Grinnell Full day Melvyn E Larson half day (6 am - 2:30 pm) Cynthia J Schimelpfenig half day (6 am - 2:30 pm) Arla I Spears half day (2 pm - end of day) Andrew (Drew) Trogstad-Isaacson Full day 2-6 - People of Hone Church. 3703 Country Club Road W Rodney D. Beistad, Co -Head Judge full day Marion I Heram, Co -Head Judge full day Patsy D Baker Full day Howard Eggenberger Full day Margaret (Peg) A Parsons half day (6 am - 2:30 pm) Rodney Peterson full day Susan K Ricketts half day (2 pm - end of day) Rita Jean Salmon full day 2-7 - Peonle of Hope Church, 3703 Country Club Road W See list for 2-6 3-1 - Sunset Terrace School, 1707 19th Avenue N.W. Donald M. Nelson, Co -Head Judge Raymond Rapp, Co -Head Judge Audrey Bergen Delores (Dolly) A Gillen Jack L Holmes Mark P Iverson Richard Lundberg Marlys Ostby Phyllis Wright full day full day full day Half day (6 am - 2:30 pm) half day (2 pm - end of day) Full day half day (6 am - 2:30 pm) half day (2 pm - end of day) full day As of 9/20/2006 2:36:53 PM Page 5 of 11 3-2 - Gethsemane Lutheran Church 2204 22nd Street N.W. Donald (Don) F Pankowski, Head Judge full day Martha Nutting, Co -Head Judge full day Jean Marie Herman half day (6 am - 2:30 pm) Betty L Milkanin full day Sylvia T Nickel half day (2 pm - end of day) Kristine M Rossman half day (6 am - 2:30 pm) Loretta Schillo Full day Beth M Wiegand half day (2 pm - end of day) Gregory (Greg) R Wimmer full or half day 3-3 - Holy Spirit Church 5455 50th Avenue N.W David Lindstrom, Head Judge Mariclaire (Mari) S Fleming, Co -Head Judge Richard Hutton JoAnn Lawler Homer H Leichleiter Darrell M Ottman David Eugene Williams Ellen Youngers Full day full day half day (6 am - 2:30 pm) full day Full day full day half day (2 pm - end of day) Full day 3-4 - Resurrection Evan¢elical Lutheran Church, 4520 19th Avenue N.W. James D Kocer, Co -Head Judge full day Erika Polansky, Co -Head Judge full day Patricia S Arndt half day (2 pm - end of day) Mary Agnes Benike full day Norma J Holst half day (6 am - 2:30 pm) Mary Robak full day John A Scheid full day Elaine F G Schmidt full day 3-5 - Hosanna Lutheran Church 2815 57th Street N.W. Marlys L Ohnstad, Head Judge full day Wilbur L Wakefield, Co -Head Judge Full day Nicole Brandt 6 am - 10 pm Russell M Hird half day (6 am - 2:30 pm) Mary M L Ho full day Robert (Bob) Maegerlein full day Jerald (Jerry) Ott half day (6 am - 2:30 pm) Anna L Roering half day (2 pm - end of day) Jane M Streiff half day (2 pm - end of day) As of 9/20/2006 2:36:53 PM Page 6 of 11 3-6 - Community Presbvterian Church, 3705 55th Street N.W. Kenneth G Reding, Head Judge full day L ('Lucky) R B Mullegama, Co -Head Judge Full day Brittney Block 6 am - 10 pm Glen Hope Farrow half day (6 am - 2:30 pm) Lynne Marie Gaffey half day (6 am - 2:30 pm) Carol A King half day (2 pm - end of day) Matthew Lund Full day Nancy Massaro Full day Norbert Poch half day (2 pm - end of day) 4-1 - Senior Citizens Center, 121 North Broadway Kenneth L Schultz, Head Judge Roland N Hansen, Co -Head Judge Lauren Allen Elaine M Bergeron Robert Boyson Marlys C Fritzke Mary P Hastings-Brodel Arline M Hunziker Total judges - 5 zzz- full day full day half day (2 pm - end of day) full day half day (2 pm - end of day) half day (6 am to 2:30 pm) half day (6 am - 2:30 pm) Full day 4-2 - Hawthorne Education Center. 700 Fourth Avenue S.E. Elizabeth (Betty) J Shimek, Head Judge full day Andrew Lewis, Co -Head Judge Full day Larry Claude half day (2 pm - end of day) Janet S Hird half day (6 am - 2:30 pm) Jennifer B Hulsizer half day (2 pm - end of day) Andrew Lewis Full day Bernard J Loeffler Full day Roger W Polansky half day (6 am - 2:30 pm) Margaret (Meg) Repede half day (4 pm to end of day) Edward (Ed) J Walsh full day David F Welte half day (6 am -4:30 pm) 4-3 - Redeemer Lutheran Church, 869 Seventh Avenue S.E. Janet M Kittley, Co -Head Judge full day Mark G Stadtherr, Co -Head Judge full day Paul Bissen Full day Vicki Dalle-Molle half day (6 am - 2:30 pm) Connie Edwards half day (6 am - 2:30 pm) Dallas R Glaser half day (2 pm - end of day) Patricia C Harlan Full day Darlene M Wentworth full day As of 9/20/2006 2:36:53 PM Page 7 of 11 44 - Olmsted County Health Department 2100 Campus Drive S.E. Teresa A Hughes, Head Judge full day Josephine R Kvittem, Co -Head Judge full day Mark Bofferding Full day Catherine Briese half day (2 pm - end of day) Arthur Cote full day Joan M Odland half day (2 pm - end of day) Helen Richardson half day (6 am - 2:30 pm) Helen Schroeder Full day Sharon K Smith half day (6 am - 2:30 pm) 4-5 - UCR Regional Sports Center, 851 30th Avenue S.E. Jonathan D Thoreson, Head Judge full day Ella M V anLaningham, Co -Head Judge full day Julie R. Baker Full day Charles Buhr full day Julie C Herrera-Lemler half day (6 am - 2:30 pm) Ruth Nevling half day (am or pm) Marlene J Paulson full day 4-6 - Christ Lutheran Church, 2904 20th Street S.E. Susan E Einspahr, Co -Head Judge Sherry L Noser, Co -Head Judge Sharon DeCathelineau Janet L Hayden Jackie L Johnson Carole Kinion Copeland Don (Donald) C Kundo Mohamed Omar Mohamud Total judges - 5 zzz- full day full day Full day half day (2 pm - end of day) half day (2 pm - end of day) half day (6 am - 2:30 pm) full day half day (6 am - 2 pm) 4-7 - UCR Re¢ional Sports Center, 851 30th Avenue S.E. Sandra J Ramage-Peel, Head Judge full day Darlene C Aske, Co -Head Judge frill day Ingrid L Brownfield half day (2 pm - end of day) Robert M Chamberlin full day Lorraine A Deedrick half day (6 am - 2:30 pm) Anna L Fahrman full day Janet (Jan) Gonnella half day (2 pm - end of day) Julie Tebay half day (6 am - 2:30 pm) Total judges - 5 zzz- J As of 9/20/2006 2:36:53 PM Page 8 of 11 5-1- Gloria DO Lutheran Church, 1212 12th Avenue N.W, Margaret E Klobuchar, Head Judge full day Colleen A Hesse, Co -Head Judge full day Philip W Brown Jr half day (2 pm - end of day) Daniel Dogo-Esekie half day (2 pm - end of day) Charlotte (Char) G Ellefson full day Loel H Erickson half day (6 am - 2:30 pm) Matthew (Matt) D Jenkins half day (6 am - 2:30 pm) Shirley A Kocer full day David L Wernecke full day 5-2 - Northrop Community Center, 201 Eighth Street N.W. Sharon M Northouse, Head Judge full day Mabel Marie W albruch, Co -Head Judge full day Pamela F Beaulieu full day Charles Brost full day JoAnn S Dubbels full day Faye Eggenberger Full day Barbara J Ottman Full day Total judges - 5 zzz- 5-3 - Kelloee Middle School 503 17th Street N.E. Martha A Carlson, Head Judge full day Janice A Bailey, Co -Head Judge full day John Beabout half day (2 pm - end of day) Bill (William) F Born full day Faith V Lyons half day (6 am - 2:30 or 3:30 pm) Judith Rich OTallon full day Kay L Wellehngary full day 5-4 - Jefferson School 1201 Tenth Avenue N.E. Clarence C Zaborowski, Head Judge full day Charlotte (Char) Derksen, Co -Head Judge full day Launie J Smith, Co -Head Judge full day Gloria Best full day Elizabeth Kelsey 6 am - 10 pm Rosemary T Mackey half day (6 am - 2:30 pm) or 9 am to 5 pm Solveig Nesset half day (2 pm - end of day) Philip W Weiler full day As of 9/20/2006 2:36:53 PM Page 9 of 11 5-5 - Churchill School, 2240 Seventh Avenue N.E. Nylene D Thompson, Head Judge full day Methal Majorowdcz, Co -Head Judge full day Charles Crawford Full day Susan Hanenberger half day (2 pm - end of day) James Leonhardt half day (2 pm - end of day) Kathleen McCarthy 6 am - 10 pm Darlene F Miller full day Pamela Snyder half day (6 am - 2:30 pm) 5-6 - Church of Nazarene. 3343 East Circle Drive NE Fredrick (Fred) R Hughes, Head Judge full day David Welsh, Co -Head Judge full day Lyle Eugene Abrahamson Full day June Hain half day (6 am - 2:30 pm) Jane Hilken half day (2 pm - end of day) Beverly Livesay half day (6 am - 2:30 pm) Mary Petersson full day Anne M Rentz half day (2 pm - end of day) Pat C Thomas full day William (Bill) D Timmerman half day (6 am - 2:30 pm) 5-7 - Church of Jesus Christ of Latter Day Saints, 2300 Viola Road N.E. Donald Harrison De W alt, Head Judge full day Benson Giwa, Co -Head Judge full day Delores M Holland, Co -Head Judge Full day James D Fredricksen half day (2 pm - end of day) Jocelyn Jack half day (6 am - 2:30 pm) Harold H Osborn full day Doris P (Penny) Summer full day Loren D Weisbrod full day Paul D Whidden full day 5-8 - Church of Nazarene. 3343 East Circle Dr N.E See list for 5-6 6-1 - Elton Hills School, 1421 Elton Hills Drive N.W. Elaine (Becky) L Schuster, Head Judge Rose Marie Larson, Co -Head Judge Marion Bagne Roberta (Bobbie) J Bailey Cora Ann Brackenbury Kathleen Evers Harold B Stewart Janet Williams full day full day full day full day half day (2 pm - end of day) full day full day half day (6 am - 2:30 pm) - see if she is interested in full day for general As of 9/20/2006 2:36:53 PM Page 10 of I 1 6-2 - Hoover School, 369 Elton Hills Drive N.W. Karen M. Carney, Head Judge Delores M Smith, Co -Head Judge Lorraine A Darling Lucy Fritz Lawrence E Howe Michael J McDonough Carol A Schwoch Victor L Shimek Peter John Wegwerth full day full day full day half day (6 am - 2:30 pm) half day (6 am - 2:30 pm) full day full day half day (2 pm - end of day) half day (2 pm - end of day) 6-3 - Seventh Day Adventist Church 1100 37th Street N.W. Elizabeth (Liz) S Holmberg, Head Judge full day Janice M Kowalczyk, Co -Head Judge full day Lois L Holmes half day (6 am - 2:30 pm) Charles C Kennedy half day (6 am - 2:30 pm) E Robert Kintzi full day Lillian B Krahn half day (6 am - 2:30 pm) Lois A Pihart half day (6 am - 2:30 pm) Suecarol Schuler half day (2 pm - end of day) Catherine Strange half day (2 pm - end of day) Frederick R Trummer half day (2 pm - end of day) Lawrence J Wehrs full day 6-4 - John Adams Middle School 1525 31st Street N.W. Patricia Hanson -Marino, Head Judge full day Lori A Timmerman, Co -Head Judge full day Kathleen Castrovinci half day (6 am - 2:30 pm) Tracy L Grove full day Lars A Johnson full day RutbAnn Morgan half day (6 am - 2:30 pm) Harry R Nevling half day (2 pm - end of day) Patricia G Walsh half day (2 pm - end of day) 6-5 - Oasis Church 1815 38th Street N.W. Joyce S Markham, Head Judge Philip Barton, Co -Head Judge Phylis Campbell Eleanor (Ellie) Dunn Jeaneen L Kolokythas Christopher Paul Kruger John L Ostby Al Southwick Total judges - 5 zzz- full day full day half day (6 am - 2:30 pm) half day (6 am - 2:30 pm) Full day Full day half day (2 pm - end of day) half day (2 pm - end of day) As of 9/20/2006 2:36:53 PM Page 11 of 11 6-6 - Assembly of God Church 4240 18th Avenue N.W. Linda D Beebe, Co -Head Judge Full day Peter Huffman, Co -Head Judge Full day Teresa Bogar half day (2 pm - end of day) Philip Castrovinci half day (6 am - 2:30 pm) Judith A Dembsky half day (6 am - 2:30 pm) Susan L Kundo full day Casey Mullins 6 am - 10 pm Susan E Spackman half day (6 am - 2:30 pm) Jody V anOstrand half day (2 pm - end of day) Total judges - 5 zzz- 6-7 - Pas Christi Church, 413518th Avenue NW Dennis Desmond, Head Judge August C Krueger, Co -Head Judge Ashley Altrichter Henry M Canale Jo M (Marie) Colter Alice B Einck Carol J Kruger Total judges - 5 zzz- Absentee Ballot Judge Steven Rutschow Kathy K Suffrins Full day full day 6am-10pot half day (2 pm - end of day) full day full day half day (6 am - 2:30 pm) full day full day iENDA SECTION: Consent Agenda i REQUEST FOR COUNCIL ACTION MEETING V t DATE: 10/2/06 City Clerk ITEM DESCRIPTION: On -Sale Wine License - B & B Pizza, Inc. Judy Scherr Jason Brehmer and Jason Boxrud, owners of B & B Pizza, Inc. are requesting approval from the Council for their On -Sale Wine License for their business to be known as BB's Pizzaria. The business will be located at 3456 East Circle Drive N.E. in a strip mall known as the Chateau Center. The owners are planning on a mid -November opening. A confidential investigation through the Police Department of the owners has been successfully returned. The issuance of the license is pending the required fees, insurance certificates, and a Certificate of Occupancy from the Building Safety Department. COUNCIL ACTION REQUESTED A motion to approve the issuance of an On -Sale Wine License for B & B Pizza, Inc. dba BB's Pizzaria at 3456 East Circle Drive N.E. pending the required fees, insurance certificates, and a Certificate of Occupancy from the Building Safety Department. COUNCIL ACTION: Mobon by: second by: to: LKi REQUEST FOR COUNCIL ACTION MEETING ` DATE: 10/2/06 ITEM NO. Consent Agenda City Clerk ITEM DESCRIPTION: Currency Exchange License Renewals - South and North Wal-Mart PREPARED BY: Stores and Pawn America Minnesota, LLC Judy Scherr The following stores have submitted renewal applications for Currency Exchange Licenses through the State of Minnesota for the 2007 year. Wal-Mart Stores, Inc. 3400 55" Street N.W. Wal-Mart Stores, Inc. 25 25 s Street S.E. Pawn America Minnesota, LLC 27 Ninth Street S.E. Under state law, the City must approve or deny the applications or take no action. If, within 60 days after notice that the application has been submitted, the council fails to take any action, the licenses are deemed to be approved. Past practice has been to adopt a resolution taking no action on the license applications knowing that, under state law, the applications will be allowed to proceed to approval despite the lack of a local government resolution approving them. COUNCIL ACTION REQUESTED A motion to adopt a resolution approving, denying or taking no action on the Currency Exchange Licenses for the north and south Wal-Mart Stores and Pawn America Minnesota, LLC in Rochester. COUNCIL ACTION: Moeon by: second by to: N r�K AINNESOTA 'EPARTMENT OF OMN4ERCiE September 22, 2006 Ms. Judy Scherr, City Clerk City of Rochester 201 4 h Street SE, Room 135 Rochester, MN 55904 85 7th Place East, Suite 500 St. Paul, Minnesota 55101-2198 651.296.4026 FAX 651,297.1959 TTY 651.297.3067 CERTIFIED MAIL RE: Pawn America Minnesota, LLC — License 420202404 Wal-Mart Stores, Inc. — License #20431077 Wal-Mart Stores, Inc. — License #20431079 Currency Exchange License Renewal for 2007 Dear Ms. Scherr: The above -named currency exchange licensees have made application to renew their currency exchange licenses to operate at: 27 9t1i St SE 3400 NW 55' St. 25 25" St. SE Rochester, MN 55904 Rochester, MN 55901 Rochester, MN 55904 Pursuant to Minnesota Statutes Chapter 53A.04, we are forwarding a copy. of the complete renewal applications to the City of Rochester in care of your office for you to review. Minnesota Statutes Chapter 53A.04 requires the Department of Commerce to submit any application for licensure as a currency exchange to the governing body of the municipality in which the currency exchange conducts business. The law further requires the governing body of the municipality to render a decision regarding the renewal of the license within 60 days. Your cooperation in forwarding this information to the proper unit within your organization is appreciated. Your reply must be received within 60 days of receipt of this letter. If you have any questions, please contact me at the telephone number listed below. Very truly yours, Robin H. Brown Financial Examinations Division 651-282-9855 651-296-9851(Fax) Market Assurance: 1.800.657.3602 Licensing: 1.800.657.3978 Energy Information: 1.800.657.3710 Unclaimed Property: 1.800.925.5668 www.commerce.state.mn.us An Equal opportunity Employer REQUEST FOR COUNCIL ACTION A SECTION: ORIGINATING utr 1 : Consent Agenda I Finance Department Approval of Accounts Payable Respectfully request a motion to approve the following cash disbursements: Investment purchases of Accounts payable of Total disbursements $5,854,296.88 $10 782,356.82 $16,636,653.70 (Detailed listing of disbursements submitted separately.) COUNCIL ACTION: Motion by: second by ' to MEETING 75 DATE: 1012l06 REM NO. b--� :1 PREPARED BY: Dale Martinson AGENDA SECTION: CONSENT AGENDA REQUEST FOR COUNCIL ACTION PLANNING MEETING DATE: 10-02-06 ITEM NO. ":�- ITEM DESCRIPTION: Roadway name change: 7 Street N.W. to Wilder Road N.W. and PREPARED By: roadway naming of unnamed frontage road. Janice K. Chezick, GIs Supeni tW A section of 7 Street N.W. located on the north side of Hwy 14 W. needs to be renamed and a section of an unnamed segment of frontage road on the north side of Hwy 14 W needs to be named to alleviate an existing E911 Addressing problem. As result of the CSAH 22fHwy 14 W. Interchange project, a segment of frontage road was constructed on the north side of Hwy 14 W. that intersects with West Circle Drive N.W. (CSAH 22). This new extension is currently unnamed and connects into an existing segment of 7 Street N.W. located east of the intersection of Industrial Drive N.W. and the north side of Hwy 14 W. The Addre55ing1GIS Staff of the Rochester -Olmsted Planning Department recommend that this unnamed segment of frontage road be named to Wilder Road N.W. and should include the renaming of the segment of 7 Street N.W. that begins at the intersection of Industrial Drive N.W. extending west to the unnamed segment of frontage road. A map that illustrates this section of roadway has been included as an attachment to this RCA There are two lots that abut this segment of 7 Street N.W.; Lot 1, Block 3 of Athletic Club Subdivision and Outlet A of Fred Schuster Industrial Park. There are no existing addresses located on these two lots. There are two parcels of City Lands that abut this segment of 7 Street N.W.; located in Twp 107 Range 14 Section 33, PIN# 74.33.12.026454 (Rochester Plumbing and Heating) and PIN# 74.33.12.026451 (United Building Center) that have been addressed as 7 Street NW. These two commercial addresses will need to be re -addressed. An additional attachment is included with this RCA that identifies the alternatives that E911 Addressing staff considered for resolving this E911 Addressing problem. This attachment also identifies the number of residential and commercial addresses impacted by each alternative. Alternative #2 was identified as resolving the E911 addressing problem with the lowest impact to property owners and is recommended in this RCA Two new roadway sign blades of Wilder Road N.W. will need to be installed at the intersections of this segment of roadway and Industrial Drive N.W., and at the intersection of the frontage road located to the east of Rochester Plumbing and Heating. One new roadway sign will need to be installed at the intersection of this segment of roadway and West Circle Drive N.W. Rochester Code of Ordinances, Chapter 31.32, covers recommendations for street identification changes. Rochester Code of Ordinances, Chapter 75.01, covers street name changes. Council Action Requested: 1. Adopt an Ordinance to change 7 Street N.W., platted in Athletic Club Subdivision as Wilder Road N.W. 2. Adopt an Ordinance to change 7 Street N.W., platted in Fred Schuster Industrial Park as Wilder Road N.W. 3. Direct the City Clerk to file a certified copy of the Ordinance with the County Recorder. 4. Request motion to approve and include 11" and 2"d Reading on October 2, 2006. This request is based on the immediate need to install new roadway signage, as soon as possible, to avoid confusion or delay to emergency responders and the general public and allow for address assignment of two new structures that are being constructed along this segment of roadway. Attachments: 1. Copy of plats that identifies this segment of roadway. (Athletic Club Subdivision and Fred Schuster industrial Park.) 2. 2 maps that identify the existing and the proposed roadway naming. 3. Copy of document "Determining the Roadway Designation for Hwy 14 WlFrontage Roadsl7 Street NW (2 pge) 4. Copy of initial notice to City/County Administrative staff 5. Copy of the initial notice to the two businesses to be re -addressed. 6. Copy of Second notice to City/County Administrative staff and the two businesses to be re -addressed. COUNCIL ACTION: Motion by: Second by: to. �20 vNON I z U) co 0 0 c fi :3 40-0 LL C(i � West GiCc1e pr Nw L2 z+� �3 Q P� 0 NN� LJ� L I y Y C W N� LL m I � 0 LL r 2 C cu z Y N L Lo N 61 E k ) \ƒ O � � O � � � Z� � � L4J � kz NZE §]� m « •\a 7j\.. . m d |A ._Rz � � ! z� % � } - j/ JJ � \�2 � � lit -----_-- wz ` . » > i fy DETERMINING THE ROADWAY DESIGNATION FOR HWY 14 W FRONTAGE ROADS / 7 STREET NW / WILDER ROAD NW Alternatives Considered by Addressing/GIS Staff and Impacts 1. F1 3. 4. 5. • Vehicular navigation to a specific address along the roadway is at risk. • Unable to assign addresses to future buildings constructed along this segment of roadway. • Unnamed roadway segment is identified with a roadway designation. • Minimal impact to the number of existing Residential and Commercial addresses to be re- addressed. • Eliminates overlapping addressing along 7 ST NW on the north and south sides of Hwy 14 W. • Navigational signage can be installed at the intersection of West Circle DR NW and the previous unnamed segment of roadway. • Requests for new construction building addresses can be completed. • Roadway name signage at 2 intersections would be changed and one new roadway name sign would be added. • Would create overlapping addresses with those on 7 ST NW on the south side of Hwy 14 W. • Confusion to Emergency Responders and the general public in easily understanding which side of Hwy 14 W. that they need to navigate to. • Additional clarifier to 7 ST NW would be required (North 7 ST NW and South 7 ST NW) to differentiate the two parallel segments of 7 ST NW. This action, technically is renaming the roadway and would result in roadway name changes to 26 Residential addresses and 12 Commercial addresses on both sides of Hwy 14 W. • High risk of confusion with data collection of any type of roadway related incidents that occur along the north and south 7 Street NW segments and intersections. Data would need to be tagged with the additional location information. • Creates the need for additional signage with directional arrows at the exit ramps onto West Circle DR NW. • This would result in re -addressing 26 Residential addresses and 10 Commercial addresses. • Roadway signage at 6 roadway intersections would be changed. One of these roadway signs is a large overhead sign located on West Circle DR NW. • Roadway name would change at an arbitrary location along the roadway segment. • Confusion to Emergency Responders and the general public in navigating along the segment of roadway for quickly understanding where a named roadway segment begins and ends. -�3 • Various navigational reference aides (maps and linear databases) may identify inaccurate information, not properly recognizing the change in roadway designation. • Not in compliance to current roadway naming guidelines. Roadway designations are recognized to begin and end at intersections with other segments of roadway or end in a cul- de-sac. • Data collection of address or event related information could be inadvertently collected incorrectly, indicating the wrong roadway designation. Residential and Commercial Addresses Impacted Along: 0 7 St NW (southern roadway). Residential Plats adjacent to the road Westway Manor First Sub: Westway Manor Townhomes Sub: Whispering Oaks: Manorwood Lakes Sixth: Manorwood Lakes Fourth: Commercial Plats adiacent to the road Forbrook Plaza Condos CIC 300: Commercial addresses on City Lands Address Impact 7 St NW in Plat? 9 yes 2 no Note: 0 yes 15 no 0 no 0 no Td Torrens property (clarify issue) Note: This number is approximate. An on -site inspection will have to be completed (again) to determine (current) active addresses. o 7 Street NW (northern roadway) Residential Plats adjacent to the road: 0 Commercial Plats adiacent to the road: Address Impact 7 ST NW in Plat? Fred Schuster Industrial Park: 0 yes Athletic Club: 0 yes Arends Industrial Park First 0 no Commercial addresses on City Lands: 2 J'� From: Whetstone Bruce Sent: Wednesday, May 03, 2006 1:05 PM To:'dhanson@ci.rochester.mn.us';'bsnyder@ci.rochester.mn.us'; 'skvenvold@cl.rochester.mn.us'; 'gneumann@ci.rochester.mn.us'; 'abrade&l.rochester.mn.us'; Wheeler Phil; Chezick Janice Subject: Renaming a portion of 7 St NW Attachments: 7StNW DualAddrRange.pdf The intentions of this email is to make you aware of a situation that will require a section of 7 St NW be renamed to alleviate an E911 Addressing problem. Currently, two separate sections of 7 St NW have overlapping address ranges associated with them. These sections are illustrated on the accompanying map and are located north and south of Highway 14 W. This problem is not new, but a recent request for E911 addresses along the northern section of 7 St NW and west of United Building Center, creates the need for action. The solution will require approval of an RCA which will be presented in the near future. Our recommendation is that the northern section, from its intersection with West Circle Dr NW eastward to the intersection with Industrial Dr NW, be renamed to Wilder Drive NW. This would be in keeping with intentions discussed in past meetings between city departments. Renaming the roadway will also affect two existing businesses along this section of 7 St NW. These are United Building Center and Rochester Plumbing & Heating Co. both are currently addressed as 7 St NW, both would receive new addresses. Our staff will pursue the next steps in resolving this issue including contacting the two businesses, outlining the issue for them, and creating the RCA. If you have questions regarding this issue please give me a call or email. Thanks Bruce Bruce Whetstone Senior GIS Specialist Rochester Olmsted Planning Dept. 2122 Campus Drive SE Suite 100 Rochester MN 55904 whetstone. Bruce@ co. o lmsted. mn. us (507) 281-7395 -v, L 7StNWDualAddrRan ge.pdf (29 KB)... ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100, Rochester, MN 55904-4744 www. of m stedcounty. com!plaun ing COVXLY Of Copy of email notice sent to City Council 5/3/2006 Presented to the two businesses on 5/3/2006 3s� ' The intentions of this notice is to make you aware of a situation that will require a section of 7 St NW be renamed to alleviate an E911 Addressing problem. Currently, two separate sections of 7 St NW have overlapping address ranges associated with them. These sections are illustrated on the accompanying map and are located north and south of Highway 14 W. This problem is not new, but a recent request for E911 addresses along the northern section of 7 St NW and west of United Building Center, creates the need for action. The solution will require approval of an RCA which will be presented to the City Council, in the near future. Our recommendation is that the northern section, from its intersection with West Circle Dr NW eastward to the intersection with Industrial Dr NW, be renamed to Wilder Drive NW. This would be in keeping with intentions discussed in past meetings between city departments. Aenaming the roadway will also affect two existing businesses along this section of 7 St NW. These are United Building Center and Rochester Plumbing & Heating Co. both are currently addressed as 7 St NW, both would receive new addresses. Our staff will pursue the next steps in resolving this issue including contacting the two businesses, outlining the issue for them, and creating the RCA. If you have questions regarding this issue, please give me a call or email. Thanks Bruce Bruce Whetstone Senior GIS Specialist Rochester Olmsted Planning Dept. 2122 Campus Drive SE Suite 100 Rochester MN 55904 whetstone. bruce @co. o lmsted. mn. us (507) 281-7395 BUILDING CODE 507285/8345 • GIS/ADDRESSING/MAPPING 507-285-8232 X HOUSING!HRA 507!285-8224 PLANNING,'ZONING 507!285-8232 • WELLISEPTIC 5071285/8345 FAX 507287-2275 i q�k From: Whetstone Bruce Sent: Monday, September 18, 2006 4:17 PM To:'dhanson@ci.rochester.mn.us';'skvenvold@ci.rochester.mn.us'; 'gneumann@ci.rochester.mn.us';'abrede@ci.rochester.mn.us; Wheeler Phil; Chezick Janice; 'GregN@RochPH.com'; 'ryan.petersen@ubc.bz'; 'vswish a r@ci. rochester. m n. u s' Subject: Naming a segment of Hwy 14 frontage road and readdressing Attachments: 7StNW_Hwyl 4W FrontageRd Imagel .pdf; 7StNW_Hwyl 4W Frontage Rd Image2.pdf This is a follow-up notice on the issue of naming a portion of the frontage road north of Highway 14 West. In May 2006, the issue was first presented to the recipients of this email. At that time, our intention was to inform everyone of the problem, respond to any questions and work towards resolving the issue. Now, plans to construct two buildings on property along the frontage road require decisions be made regarding the naming of the frontage road. Our office needs to move forward with submitting an RCA for renaming this roadway at the October 2nd 2006 Rochester City Council Meeting. If anyone has questions regarding the issue, please contact me before 3:00 pm Wednesday the 20'h of September. Review information: 1. In May 2006, the two existing businesses, which would be affected by a change in roadway naming, were visited by Planning Address Staff to review the need for readdressing. The two businesses, UBC and Rochester Plumbing and Heating are currently addressed off of 7 Street NW. Both expressed the desire to avoid readdressing their businesses as part of the necessary action. 2. Both businesses use Post Office boxes for mail delivery. 3. Included with this notice are illustrations depicting the current road designations for the segments and the proposed road designation. How the problem came about. 1) In keeping with E911 addressing practices, every segment of roadway (from intersection to intersection) is assigned a name. 2) When the former intersection of 7 St NW and Hwy 14 was removed, the road segments for 7 St NW changed, by default. 3) Assigning a name to the altered northern segment has never been fully pursued. 4) An assumption may have been made that the altered segment would be designated as 7 St NW. However, that creates the situation where addresses along 7 Street NW, north of Hwy 14 W, overlap with those addresses along 7 Street NW, on the south side of Hwy 14 W. 5) The E911 Addresses assigned to the two businesses will need to reflect the roadway designation decided on. Establishing a roadway designation and readdressing the businesses is needed to eliminate confusion for emergency responders and the general public. �5-7 / Meeting REQUEST FOR COUNCIL ACTION Date_ 10/02/06 AGENDA SECTION ORIGINATING DEPT: ITEM NO_ Rochester Public Utilities Consent Agenda ITEM DESCRIPTION: PREPARED BY: Kathy Wilson Consideration of Public Utility Board Action The Rochester Public Utility Board has approved the following on September 26, 2006 and requests the Common Council's favorable consideration: - to approve a resolution to approve a Sub Contract Agreement with Johnson Controls, Inc. for services not to exceed $928,478, the purchase of a Payment and Performance Bond for the price of $13,560 and the General Indemnity Agreement, and authorize the Mayor and the City Clerk to execute the Agreements. - to approve a resolution to approve an Addendum to the existing SAP contract and project components costs for a total of $3,000,000, and authorize the Mayor and the City Clerk to execute the Addendum subject to the approval of the 2007 RPU budget by the Board and Council for the 2007 portion of the project costs. 64lib�-:: la�t °)/a7/G COUNCIL ACTION:Motion by: Second by: to: r FOR BOARD ACTION Agenda Item # 9 Meeting Date: 9126/06 SUBJECT: Subcontract Agreement (S 193593) between Johnson Controls, Inc and City of Rochester through it's Public Utility PREPARED BY: Patty Hanson, Manager of Marketing and External Affairs ITEM DESCRIPTION: At the May 15, 2006 City Council meeting, the City of Rochester hired and contracted Johnson Controls, Inc. (JCI) for a City wide facilities improvement project. As part of the project, 18 City buildings were identified for energy saving opportunities in lighting. JCI is sub -contracting RPU Energy Solutions to complete the lighting retrofits. The work includes fixtures, supplies, materials, permits, disposal fees, labor and hazardous waste disposal. RPU and Judisch and Judisch, Inc, as Energy Solutions, will provide services not to exceed $928,478. As stipulated in the agreement, Section 10 Bonds, RPU will provide JCI with a Payment and Performance Bond in the amount of one million dollars. The cost of the bond was quoted at approximately $13,500.00. JCI will reimburse RPU for the cost of the bond once the work is completed.. UTILITY BOARD ACTION REQUESTED: Subject to final document approval by the City Attorney, the Board is requested to approve a resolution to approve the following: 1. A Sub Contract Agreement with Johnson Controls, Inc. for services not to exceed $928,478.00, and request the Mayor and the City Clerk to execute the Agreement. 2. Purchase of the Payment and Performance Bond for the approximate price of $13,560 and the general indemnity agreement. JCI will reimburse RPU for the cost of the bonds. Gcffieral Manager Date n' it FOR BOARD ACTION Agenda Item # 10 Meeting Date: 9126106 SUBJECT: Addendum to SAP contract and Implementation of SAP's CCS Module PREPARED BY: Patty Hanson, Manager of Marketing and External Affairs ITEM DESCRIPTION: Our customer information system (CIS) is an "in-house" system which was developed in the early 1980's and currently runs on an AS400 platform. Traditionally, it has been defined as the tool used by the Customer Service area to track customer activity and bill processing for our commodity services; electric and water. The system has matured to a point where it requires a significant amount of manual intervention in order to complete processing. The structure of the system is interfering with our ability to effectively modify and extend the functionality to support self-service tools, offerings, complex pricing, expanded billing options, and relationship management. Due to the enormous resource commitment it takes to make changes, add new program offerings, and maintain integration points between other non -CIS applications, it is no longer feasible to invest additional functionality into the existing architecture. SAP was selected as the software to replace our existing CIS system. Our existing general ledger and plant maintenance systems are SAP. The total project cost is $3,000,000. Price components of the project include: Software cost $ 273,000 Hardware $ 200,000 Implementation cost $2,259,672 External resources $ 247,480 Training $ 20,000 There is $800,000 in the 2006 budget which will go towards the software and hardware. The additional costs will be part of the 2007 budget. Approval of the total project costs will allow staff to complete the project schedules and development the approach. Staff will make a presentation on the project. UTILITY BOARD ACTION REQUESTED: The Board is requested to approve the Addendum to the existing SAP contract and project components costs for a total of $3,000,000 and request the Common Council to approve and authorize the Mayor and the City Clerk to execute the Addendum subject to the approval of the 2007 RPU budget by the Board and Council for the 2007 portion of the project costs and review of the documents by the City Attorney. Gener L1 g L,) Date REQUEST FOR COUNCIL ACTION MEETING DATE: 41 i 10/2106 %GENDA SECTION: ORIGINATING DEPT: CONSENT AGENDA I Public Works ITEM DESCRIPTION: Engineering Services Contract for Design Services for Public Improvements to 50th Ave NW from Nicklaus Dr to Valley High Dr ITEM NO. PARED BY: D. Nelson The existing condition of 50'h Ave NW south of Nicklaus Drive is substandard and in need of reconstruction and widening. 50th Avenue NW is a former township gravel road 22 foot wide. This project will widen the road to a 52 foot wide four lane street to serve the growing subdivision communities in this area. The City is scheduled to receive $1,350,000 in Federal ICETEA funds (FY2007) to assist in the reconstruction of this roadway. The procurement of federal and state funds involves an extended level of effort in the preparation of Project reports, plans and specifications. In order for the City to deliver this phase of the project in FY2007, the Public Works Department recommends the execution of professional engineering services. This is a proposal by SRF Consulting Group, Inc., to provide engineering services for the following local improvement project: "Reconstruct 500' Ave NW, Phase 2, from Nicklaus Drive NW to Valley High Drive NW" Project No. J-9719 SRF Consulting Group is partnering on this project with Bonestroo, Rosene, Anderlik & Associates (BRAA) and STS Consultants to provide comprehensive design services for all items involved in this project. This project includes construction of a regional stormwater pond and dam structure on the west side of 501h Avenue and west of the Northern Hills Golf Course. The total Project cost estimate is $3,100,000. The professional engineering fees are projected not to exceed $673,097, of which, $217,846 is associated with the design and soils analysis / design of the regional stormwater pond and associated low hazard dam. COUNCIL ACTION REQUESTED: Authorize the Mayor and the City Clerk to execute an Engineering Service Agreement with SRF Consulting Group, Inc. for the design of Public Improvements to 50'h Ave NW from Nicklaus Drive to Valley High Drive J-9719. COUNCIL ACTION: Motion by: Second by: to: kGENDA ITEM REQUEST FOR COUNCIL ACTION CONSENT AGENDA ORIGINATING DEPT: PUBLIC WORKS MnDOT Limited Use Non -Motorized (J4946 & J4947) 2006 Bikeway Paving and Reconstruction Proiect: City No.7503-16-95 (J4946 & J4947) Bike Path (Trail) Construction and Recondition Project Recreational Trail Permit: / MEETING �/^If DATE: 10/02/06 ITEM NO. \ �— 1 PREPARED BY: Z J. Wellner Proiect Background The city bike path (trail) system is constructed in segments using a variety of funding sources and developer contribution. As the system develops, short gaps between sections of the path system result as the construction obligation of a developer or the scope of a city project does not connect to another nearby path section. The city needs to complete short path segments to close these gaps that remain. Four gaps have been identified: a. On 551b Street NW between the park entrance and the path on 55t" just west of the Douglas Trail. b. On 41s' Street NW between the North Star Business Center and the path on 41�t Street just east of the Douglas Trail. c. On South Broadway between the north end of the path at Wal-Mart and the pedestrian bridge at Golden Hills School. d. 2ntl Street SW near Grandville housing development. e. And the segment of path along the north side of 12t" Street SW (TH 14) and continuing along the east side of 14'h Avenue SW needs to be reconditioned Bids were received and a contract for the construction of the segments was awarded by Council on September 18, 2006. Two segments of this project include work on the state highway right of way. Work on the state right of way required a Work on Trunk Highway Right of Way Permit to be issued by MnDOT. Application for this permit has been made to MnDOT and a permit has been authorized by MnDOT for the construction work. This permit contains a list of Special Provision. One of the attached Special Provisions requires the city to construct, maintain and supervise the trail. In addition, it is required that the city enter into a Limited Use Permit for Non -Motorized Recreational Trails. These requirements are commonly needed for the use of MnDOT rights of way for recreational trails. Staff recommends that the City Council authorize the Mayor and City Clerk to execute a Limited Use Permit for Non -Motorized Recreational Trails agreement with MnDOT. COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute a Limited Use Permit for Non -Motorized Recreational Trails with MnDOT. COUNCIL ACTION: Motion by. Second by: to: Location Map 2006 Bike Path Construction and Recondition Project City No. 7503-16-95 (J4946 & J4947) REQUEST FOR COUNCIL ACTION i MEETING DATE: 1 D/2/O6 tGE SADN ECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works 1�)— t LP ITEM DESCRIPTION: ADVERTISE FOR BIDS: PREPARED BY: Quarry Hill Ravine and Stream Stabilization Project (J6512) and B. Huberty„?� Parkwood Hills Sub-Trunkline Sanitary Sewer (J7754) b� Projects: City Project: Quart' Hill Ravine and Stream Stabilization Project (J6512) and Parkwood Hills Sub-Trunkline Sanitary Sewer (J7754) Project Background The purpose of this project is to eliminate erosion problems by stabilizing several ravines and drainage ways within Quarry Hill Park. The first construction phase of this project will be to stabilize the West Ravine, Northwest Ravine, and North Fork of Quarry Hill Creek. This will involve installation of two storm sewers, a filtration basin, a wet pond, an infiltration basin, and bank stabilization. Additionally, a portion of a sanitary sewer line will be installed along the North Fork of Quarry Hill Creek alignment to eventually serve Parkwood Hills and properties abutting Viola Road. These projects are being bid together as the work for each project affects the other project. 7. Is 'G R4.�: � .J Ifll Zs� Wimp._. The Quarry Hill project, listed as item 39 in the 2006 —2011 Capital Improvement Projects budget, will be funded by the Storm Water Utility. The Parkwood Hills sanitary sewer project, included in the proposed 2007 — 2012 Capital Improvements Projects budget, will be funded by sewer revenue bonds (to be repaid by user rates) and SAC revenue bonds (to be repaid by future SAC charges to new development). COUNCIL ACTION REQUESTED: Adopt a resolution that authorizes the City Clerk to begin advertising for bids on Thursday October 5, 2006 and conduct a bid opening on Tuesday, October 31, 2006 at 10:00 AM. Note to City Clerk: Beginning Thursday, October 5, 20D6, advertise 3 times in the Rochester Post Bulletin and the Construction Bulletin. COUNCIL ACTION: Motw by-, Second by. to: P:1PROJECTS`J-PRON6512 Quarry Hill\RCA Advertise.doc REQUEST FOR COUNCIL ACTION MEETING 4* DATE: 10/2106 ENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works �� t ITEM DESCRIPTION: Feasibility Report: Sub-Trunkline Sanitary Sewer in Portions of PREPARED BY: r f1r SSA 15E, 15-11 and 15-12 in Rochester Twsp, J7757 J. Loehr This is the Feasibility Report for the construction of sub-trunkline sanitary sewer in a project described as follows: Project No. M6-36, J7757 "Extension of Sub-Trunkline Sanitary Sewer to Serve Portions of SSA 15E, 15-11 and 15-12 in Rochester Township." The estimated construction costs and expense of this project are as follows: Phase "A" $844,725 TH 63 to 11'b Ave. at So. Line Stanton's Subd. Phase "B„ 1,173.000 Along 11th Ave. from So. Line Stanton's to Willow Creek and West Along Willow Creek Phase "C" 242,000 From Willow Creek Trunkline Through Willow Creek Golf Course to No. Side 48t St. Phase "D" 811,000 From 11'" Ave Westerly Approx. 3500 Ft Along So Line Stanton's Subd. Sub -Total $3,070,725 Easement Acquisition 307,000 Engineering/InteresUContingencies 921,218 Total Estimated Project Costs $4,298,943 The project is included in the Proposed 2007-2012 Capital Budget. The project will be funded from SAC Revenue Bonds. The bonds will be repaid from Sewer Availability Charges as properties within the sewer service area develop and connect to City sewer. The City received a signed Contribution Agreement from Westridge Hills Developers. The Agreement constitutes a petition for the extension of sanitary sewer in Phase "C" of the project. The Agreement represents in excess of 60% of the estimated project costs for Phase "C". The Agreement requires that the City extend sanitary sewer in Phase "C" within 365 days of preliminary plat approval. The Agreement requires that the Owners pay their respective Sewer Availability Charges over 5 years or as the property is developed. COUNCIL ACTION REQUESTED: 1. Adopt a resolution accepting the Feasibility Report. 2. Adopt a resolution establishing the project Sewer Availability Charge rate of $3,440.25/developable acre. 3. Adopt a resolution authorizing the Mayor and City Clerk to enter into the Contribution Agreement. The rates are effective through July 31, 2007 at which time the rates are subject an annual adjustment on August 1s' of each year based on the change to the Engineering News Record Construction Cost Index as measured in the Minneapolis/St. Paul area during the previous 12 months. Attachments: Project J7757 Feasibility Report Sewer Service Area Map Contribution Agreement COUNCIL ACTION: Motion by, second by: to: REPORT ON THE FEASIBILITY OF PROPOSED LOCAL IMPROVEMENT PROJECT Extension of Sub-Trunkline Sanitary Sewer to Serve Portions of SSA 15E, 15-11 and 15-12 in Rochester Township Honorable Mayor & Common Council Date: October 2, 2006 City of Rochester, Minnesota Feasibility Report On March 20, 2006 the City Council accepted a petition filed by Mr. William E. Tointon of McGhie & Betts, Inc. on behalf of their clients Westridge Hills Developers. The Petition requests that a feasibility study be performed to determine whether two properties owned by Westridge Hills are developable. The City Council approved a Resolution referring the matter to the Public Works Department for preparation of a feasibility study. This Feasibility Report addresses the two properties owned by Westridge Hills Developers and other lands that are located within the sewer service area. We report that the above referenced project is feasible and recommend its construction. Scope of Work Phase "A" Phase "A" of the project includes the extension of 24" sanitary sewer westerly along 401h Street SW from TH 63 to I Vh Avenue SW, and then the extension of 21" sanitary sewer southerly along I Vh Avenue SW from 40`h Street to the south line of Stanton's Subdivision. Phase "A" will be constructed in conjunction with the Willow Commons development. Phase `B" Phase `B" includes the extension of 15" sanitary sewer southerly along 111h Avenue SW from the south line of Stanton's Subdivision to Willow Creek, and then the extension of 15" sanitary sewer westerly along Willow Creek from 111h Avenue to manhole 93/0045. Phase `B" also includes the extension of 8" sanitary sewer westerly 1000 feet from 11 `h Avenue along 486' Street. Phase `B" of the project also includes an upgrade of the existing 8" sanitary sewer to a 15" sanitary sewer from manhole 93/0045 to 93/0047, and an upgrade of the existing 12" sanitary sewer to a 15" sanitary sewer from manhole 93/0047 to manhole 93/0113 Phase `B" will be constructed when the City determines that there is a need for construction of this Phase. All Phase "C" Phase "C" of the project includes the extension of 8" sanitary sewer from manhole 93/0113 to the north side of 481h Street SW. Phase "C" will be constructed when the City is petitioned for the extension of sanitary sewer in this Phase. Phase "D" Phase "D" includes the extension of 12" sanitary sewer westerly 3500 feet from 11 h Avenue along the south line of Stanton's Subdivision and the extension of 10" sanitary sewer from the terminal point of the 12" sanitary sewer westerly 2200 feet to the Orth property. Phase "D" will be constructed when the City is petitioned for the extension of sanitary sewer in this Phase. Future Extension from Each Phase of the Project The extension of sanitary sewer from the terminal points of each Phase of the project will be made developers as development occurs. Therefore, this Feasibility Report does not address the cost to extend sanitary sewer beyond the terminal points of each Phase as a City project. Estimated Project Cost (refer to the attached spreadsheet) Phase "A" $1,183,143 Phase `B" $1,641,900 Phase "C" $ 338,600 Phase "D" $1,135,300 Estimated Project Cost $4,298,943 Project Funding The project will be funded by SAC Revenue Bonds repaid from future Sewer Availability Charges as land within the sewer service area develops. Sewer Availability Charge for Construction (SACCON) Rate Calculation Estimated Sewer Cost = SAC Rate/acre Developable Acres SAC Rate/acre = $4,298,943 = $3,440.25/developable acre 1250 Acres Sewer Availability Charge for Downstream Capacity Upgrades (SACCAP) Developments within the SSA are subject to SACCAP downstream capacity upgrades (refer to Adequacy of Public Improvements listed later in this Feasibility Report). The 2007 SACCAP rate for the downstream improvement is $842.46/developable acre. Combined SACCON and SACCAP Rate SACCON $3,440.25/developable acre SACCAP $ 842,46/developable acre Combined SAC Rate $4,282.53/developable acre 41 The Combined SAC Rate will be adjusted on August I' of each year based on the Engineering Construction Costs Index as measured in the Minneapolis/St. Paul area during the previous 12 months. Project Funding for Phase "C" Phase "C" of the project can be constructed when the City is in receipt of Contribution/Developer Agreements for 60% of the estimated cost of Phase "C" construction. The Agreements must represent a minimum of 59 developable acres calculated as follows: $33,600 x 60% = 59 developable acres $3,440.25 Project Funding for Phase "D" Phase "D" of the project can be constructed when the City is in receipt of Contribution/Developer Agreements for 60% of the estimated cost of Phase Three construction. The Agreements must represent a minimum of 198 developable acres calculated as follows: $1,135,300 x 60% = 198 developable acres $3,440.25 Anticipated Schedule for Construction of the Project Phase Year "A" 2007-2010 "B" 2010-2012 "C" 2007-2009 "D" Beyond 2010 Environmental Assessment Worksheet (EAW) An EAW for the sanitary sewer extension to serve the sanitary sewer study area is not required as future dry weather average daily flows in the new system will be less than 1.0 MGD. Adequacy of Public Improvements Water Reclamation Plant (WRP) The 2006 WRP expansion and future expansions of the WRP will handle the sewer service needs for this Sewer Service Area (SSA). Sanitary Sewer The sanitary sewer trunkline system from this Sewer Service Area (SSA) to the Water Reclamation Plant (WRP) must be upgraded to handle the sewer service needs of this SSA and other SSA in the southern portion of Rochester. In 2006 the City is making upgrades to the trunkline sanitary sewer system in the East Zumbro River Interceptor project and the Phase One interceptor project near the WRP. Additional trunkline sanitary sewer upgrades will be required over the years as additional developments occur in the southerly portion of the City. Water Tower and Trunk Watermain High -Level Water Service District Property located with the high level water service area can receive water service from the Willow Heights water tower. This tower will handle to elevation 1270. High level watermain is located along 40`h Street SW at Hart Farms and also along I1'h Avenue SW at Stanton's Subdivision. Intermediate (High) Level Water Service District Property located in the intermediate level water service can receive water service from watermain located in the Scenic Oaks Subdivision. However, the capacity of this system is limited. Each development proposal will be evaluated by Rochester Public Utilities to determine the adequacy of water service to the proposed development. Intermediate (Low) Level Water Service District Property located in the intermediate level water service can receive water service from watermain located at the intersection of I Vb Avenue and 48 h Street SW. This intermediate level water service area is located at the northwest corner of the intersection and generally consists of 60 acres. The extension of watermain in each of the water service districts will be made by developers as development occurs. Therefore, this Feasibility Report does not address the cost to extend watermain as a City project. Additional Developer Related Charges Water Availability Charge (WAC) The WAC rate charged will be the WAC rate in effect during the year that the charges are paid to the City. The 2007 WAC rate is $2,105.70 per developable acre. The WAC rate is adjusted on August V of each year based on the change to the Engineering News Record Construction Cost Index as measured in the Minneapolis/St. Paul area during the previous 12 months. Stormwater Management Fees The Stormwater Fee charged will be rate in effect during the year that the charges are paid to the City. The 2007 Stormwater Management rate is $2,601.48 per acre. This charge is the base rate for low density residential development. Multi -family development and Commercial/Industrial Development uses will be calculated on a case by case basis. The stormwater rate is adjusted on August I" of each year based on the change to the Engineering News Record Construction Cost Index as measured in the Minneapolis/St. Paul area during the previous 12 months. 4y� The City may consider the transfer of ownership of existing private stormwater ponds that are located in the SSA provided that the private ponds are consistent with the requirements of the City Pond Transfer Policy. Traffic Improvement District New developments within the area will be subject to traffic improvement district charges (SW TID and/or 48 s ST TID or a combination thereof) for the reconstruction and capacity improvements required to the roadway systems within the area. The TID rates have not been established for the TID areas at this time. Feasibility Reports and the adoption of the TID will be prepared and presented for City Council approval by separate documents. Subm ed f r yonsideration: Ja s M Loehr Pr Ject anager Approved: Richard W. Freese City Engineer A 5 Willows Sub-trunklinr Sanha Sewer Item Unit Ouarefty Unit POW I Amours 6"fianaa Saar Lb. FL 30W 8 25 s 750W 10" Same Sewer Lin. Ft. 22W 3 30 3 so Dw 17 am Sewer Lin. FL mm 3 a6 8 122 500 is- sewer 21" fiaah Sewer Lin. Ft Lin. FL IBM 1285 3 40 8 W $ 344,000 6 77,100 Dove Die Acres ke In sewer Sery Ana 24 S Sewer Trencher Manholes Lin. FL Lin. FL Each 3T75 22360 66 3 75 3 30 8 4OW 3 283,125 3 670,300 3 224 DW Beeman 40M at and earth St West Soemc Oaks 1302 280 Rock Exwva6on Dewatenn Cu. Yd. Lin. FL 0000 ISM 8 50 3 20 8 300.DW $ 333.200 Deal Acres in SBA 1582 ReMontion Lin. FL 22360 3 16 $ 335AOD Erasion Contra Lin. Ft. 22380 I 10 3 223,eW Connect Into Manhole SSW how 1 9 I 2 ooD a 16,000 3 3 070 725 30%EJAC. S 921.21E Easements Total _.—..I— 8 307000 A_ 4 81943 — _ —.—_-- _ .—_ I4 TOW pees TO t Developable Rate _ 1562 00% 80% 1250 1250 S 3,140.25 _� WlllOvvs Sub-trunkline Senile Sewer Phsss ----- - "A" 3 842.29 8 4,28253 eem Umt 0 Unit Price Amoum 21- Sonha Sewer Lin. Ft 1286 $ Sit I 77100 2P Sanitary Sewer Tranchin Lin. FL Lin. FL 3775 6060 3 75 3 30 3 263,125 $ 151 am Manholes Eern 12 3 4000 3 48 W0 Roar Euevauw Dewatenn0 Reatorsew Erosion Contra Conned Inb Manhole SuDictol 30%E.i.ae. Cu. Ye. Lin . FL Lin. FL Un. FL Earn 1100 090 6 mm 5080 1 8 50 3 20 3 16 3 10 $ 2000 $ 55,000 3 101 200 3 76 900 $ SD,BW $ 2000 3 844 725 3 253415 7 2I I 3070070 225 19 I 307 .00 $ 4 298 843 Eaaemems 8 85000 TOW +_ I 1,193143 — WIIIows Sub-trunkline Sanity Siarar Phase "B" — Morn Umt Ou Unit Price Amami 8"Samu sewer 15— Benda Sewer Trenchin Lin. FL Un. FL Un. Ft. 10W - 9600 9600 8 26 I 40 i 30 S 25000 3 344,OW 3 268 OW Menholea Rack Excantion Deweten Restoration Erosion Comrd Connect Into Manhole SUDbtal _ 30%E.I.aC. Earn Cm Yd. Lin . FL Lin. FL Lin. FL Each 24 0 I a. 9600 98W 4 3 40W 3 50 I 20 I 15 3 10 8 2 WO i 96.OW 3 - I 172 000 8 144.000 $ 96.000 8 B 000 3 1,173 WD $ 351900 — - Easemelro Total 3 117 OW $ 1 64,.BW 6t Wiloeis Sulo4runkline Sanity Bawer Phase "C" Item Unit 0 Unit Price Amount B' Senlu Sewer Tmnc N Manholes Rock Ex=nuon Un. Ft Lin. Ft Each Cu. Y0. 2000 200D 5 400 S 25 S 30 3 4000 3 w S so,000 $ 80,000 $ 20000 S 20 D00 Dewaten Up. Ft 200o S 20 $ 40,0DD Restoration Erosion Control CWil Into Manhole Subtotat 30%E.I.SC. Lin. Ft Lin. Ft Each 2000 20M 1 S 15 $ 10 S 2000 $ 30 D00 $ 20 000 $ 242000 S 72.600 — IniOat Amount S 203 150 ACM It 53 Easements Totat $ 24 o0111 3 338 G00 IntOal Cost Rol 60% Willows Sub.trunkline Satins Sswer Phase "D" Item Unit Quarm Ud1 Pnce Amount 70' Seat' Sewer __ 12'sanibry Sewer _ Tmnchl MaMolas Rock Exoeva5on Dewalerin Reatmi Lin. Ft. Lin. Ft Lin, Ft Each Cu. Ye. Un. Ft Lin. Ft _ 2200 3500 5700 15 4500 1100 5700 3 30 $ 35 S 30 $ 4 ODD $ 5o $ 20 S 15 3 55.000 S 122,500 i 171,DW S 60.000 S 225 000 11 22.ODD i 85AM — Erosion Control Lin. Ft 5700 S 10 S 57 000 Conned Into Manhole Subtotal % E.1.5C. Each 1 S 2000 S 2000 S III 1ODD S 243,300 Easements Total S 31 ODD i t U5300 Initial Cost Recove Initial Amount Acne 'e. 50% 3 5S1 t50 1 1911 FA BUDGET DATA SCHEDULE FOR CONSTRUCTION CONTRACT Project Manager: James M. Loehr Engineering Firm: Contractor: Project Inspector: 9/25/2006 6 Project No. M6-06 Capital Improvement Information: Date of Origination J No. J7757 Year: 2007-2012 Page No.: State Aid No. I IType: SEW CIP Project No.: 10/02/06 Description: Extension of Sub-trunkline Sanitary Sewer to Serve Portions of SSA 15E, 15-11 and 15-12 Project Substantial in Rochester Township Completion Date COUNCIL ACTION DATE PROJECT BUDGET (FEASIBILITY REPORT) CONTRACT (AWARD) FINAL COST CONSTRUCTION COSTS Water (150) Sanitary Sewer (250) 3,070,725.00 Street (350) Storm Sewer (450) Liquidated Damages SUB -TOTAL 3,070,725.00 O.DD Engineering, Interest, Contingencies 921,218.00 0.00 Land Acquisition 307,000.00 TOTAL $ 4,298,943.00 FUNDING DISTRIBUTION 22DO Street Resurfacing 2201 Street Rehabilitation 4844 MSAS Reserves 4946 Bikeways 6501 Storm Water Management 7228 Hadley Valley-TID 9201 WAC/Future Connection Charges 8202 SAC/Future Connection Charges 8204 Assessments (Total Assessment Roll) Owner Advance Payments 8208 Traffic Calming 82D9 Pedestrian Facility Charges 8212 SAC/Capacity Relief 6222 Sanitary Sewer Tunnel 8307 Sidewalk Construction 9757 Northwest/Kings Run-TID 9846 Willow Creek-TID 8201 Previously Collected WAC 8202 Previously Collected SAC Water Utility Share SAC Revenue Bonds repaid by future SAC 4,298,943.00 OTHER OTHER TOTAL $ 4,298,943.DO 'Verify availability of funds with Tonya Klees at feasibility. AGENDA SECTION: CONSENT AGENDA REQUEST FOR COUNCIL ACTION MEETING DATE: 10/2/06 ORIGINATING DEPT: Public Works ITEM NO. ITEM DESCRIPTION: Stormwater Conveyance Agreement — Engholm / Dzonlagic I PREPARED BY: ' Property IN'/2 of Lot 7, Block 18, Golden Hill Addition) M. Baker Staff would offer the following Stormwater Conveyance Agreement for consideration by the Council: Roger W. Engholm, Contract Vendor, and Edin & Hajra Dzonlagic, Contract Vendees are the Owners of real property described as N '/2 of Lot 7, Block 18, Golden Hill Addition, Olmsted County, Minnesota. As a condition of approval for Site Development Plan application SDP#06-19, the Owners have requested approval of a Stormwater Conveyance Agreement to address their obligations for collecting and conveying stormwater from the Property. Staff agrees that execution of said Agreement is to the mutual benefit of the Owners and City, and abutting Property Owners. An Agreement has been drafted by the City and executed by the Owners. COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute a Stormwater Conveyance Agreement with Roger W. Engholm and Edin & Hajra Dzonlagic, for the North '/2 of Lot 7, Block 18, Golden Hill Addition, Olmsted County, Minnesota. COUNCIL ACTION: Motion by Second by: to: REQUEST FOR COUNCIL ACTION MEETING 6r DATE: 10/2/06 GENDA SECTION: I ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works Z>' ITEM DESCRIPTION: Revocable Permit — Engholm / Dzonlagic Property (N'/2 of Lot 7, PR PARED BY: Block 18, Golden Hill Addition) M. Baker Vr Roger W. Engholm, Contract Vendor, and Edin & Hajra Dzonlagic, Contract Vendees are the Owners of real property described as N'/2 of Lot 7, Block 18, Golden Hill Addition, Olmsted County, Minnesota. As a condition of approval for Grading Plan required for Site Development Plan application SDP#06-19, the Owners have requested approval of a Revocable Permit to allow the placement of a rain garden within the easterly 7.00 feet of the Property which is encumbered by a public right-of-way easement. Staff has reviewed the request and would recommend in favor of granting a Revocable Permit. The Owner has executed a Revocable Permit which includes the standard language for revocation and liability protection for the City. 9ro "... Diiaewey _ z. T26 a 36.0 9 26. y Eaictirg s Woof Face � � cl � a Q� 2e2 s e= i rc� I �dxc urns: 5`�� � c ti +� cl o W a ee moaned m n,e area I any of tlds aria eM aTid, IKs 2a.5 Zen q,e connate dirveaaysm 2a.a �, N noM and wulh. end tlu te6 29. 26. C wak on Me eesl. Exi6dng Convetr Diivaway , > -sa. 321 26_ Q 2e.e 121. 1 I qp nn .'.� SeeconsbjRlm 6blee �pnsv-� I Ompos6ld Perking PWdes 28.3 28.6 26.4 2a.9 12"B ikninoud Surlacb I G" Cusp 2.4hed rdgk 13 All--4 b �.p. vE °s��� 2E • 26r n. E W ft Coneele Dmrewry 2].1 29.. 29.. eondniC afoot wood privaq Mux 15 moo dlhm Em / Ew.m r .ae raw F. COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the revocable permit with Roger W. Engholm, and Edin & Hajra Dzonlagic for a rain garden within a public right-of-way easement over a portion of the N'/2 of Lot 7, Block 18, Golden Hill Addition, Olmsted County, Minnesota. COUNCIL ACTION: Motion by: Second by: to: ,GENDA SECTION: CONSENT AGENDA REQUEST FOR COUNCIL ACTION MEETING W / DATE: 10/2/06 ORIGINATING DEPT: ITEM NO. Public Works ��' ':)Z ITEM DESCRIPTION: Pedestrian Facilities Agreement— Timothy R. Daly and Karen E. PREPARED BY: Daly (641 Southtown Heights Dr SW) M. Baker 0 Staff would offer the following Pedestrian Facility Agreement for consideration by the Council: Timothy R. Daly & Karen E. Daly are the Owners of real property generally described as part of Lot 4, Southtown Heights Replat, Olmsted County, Minnesota. As a condition of approval for a new driveway access permit, the Owners have requested approval of a Pedestrian Facilities Agreement to address their obligations for providing pedestrian facilities along the frontage of the Property abutting Southtown Heights Dr SW. Staff agrees that execution of said Agreement is to the mutual benefit of the Owners and City, and abutting Property Owners. An Agreement has been drafted by the City and executed by the Owners. COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute a Pedestrian Facilities Agreement with Timothy R. Daly & Karen E. Daly, for part of Lot 4, Southtown Heights Replat, Olmsted County, Minnesota. COUNCIL ACTION: Motion by: second to: GENDA SECTION: CONSENT AGENDA REQUEST FOR COUNCIL ACTION MEETING DATE: ORIGINATING DEPT: Public Works ITEM NO. 0 / 1012/06 ITEM DESCRIPTION: Sa egtrM&B#06t03)Agreement— Kenneth R. Saling and Ruth D. I P RF A ED BY.er t�1�' Ij Staff would offer the following Pedestrian Facility Agreement for consideration by the Council: Kenneth R. Saling & Ruth D. Saling are the Owners of real property described as Lot 27, Belmont Slope in the City of Rochester, Olmsted County, Minnesota. As a condition of approval for Metes & Bounds Subdivision application M&B#06-03, the Owners have requested approval of a Pedestrian Facilities Agreement to address their obligations for providing pedestrian facilities along the frontage of the Property abutting 101b St SW. Staff agrees that execution of said Agreement is to the mutual benefit of the Owners and City, and abutting Property Owners. An Agreement has been drafted by the City and executed by the Owners. COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute a Pedestrian Facilities Agreement with Kenneth R. Saling & Ruth D. Saling, for Lot 27, Belmont Slope in the City of Rochester, Olmsted Minnesota. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 10/2/06 GENDASECTION: I ORIGINATING DEPT: I ITEM NO. CONSENT AGENDA Public Works \-)- ITEM DESCRIPTION: Stormwater Facility Use & Maintenance Permit Agreement - Hart PREPARED BY: Farm Fourth & Hart Farm South developments � M. Baker Staff would offer the following Stormwater Facility Use & Maintenance Permit Agreement for consideration by the Council: Arcon Development is the Owner of real property commonly referred to as the Hart Farm South GDP#205 & Hart farm Fourth developments within the City of Rochester. As a condition of Grading Plan approval for said developments, the Owner has requested approval of a Stormwater Facility Use & Maintenance Permit Agreement to address its maintenance obligations for the use of the City's storm water conveyance system for construction erosion and sediment control. Staff agrees that execution of said Agreement is to the mutual benefit of the Owner and City, and abutting Property Owners. An Agreement has been drafted by the City and executed by the Owner. COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute a Stormwater Facility Use & Maintenance Permit Agreement for the Hart Farm Fourth & Hart Farm South developments. COUNCIL ACTION: Motion by: Second by: to: GENDA SECTION: CONSENT AGENDA REQUEST FOR COUNCIL ACTION MEETING DATE: ORIGINATING DEPT: ITEM NO. Public Works I VN . 10/02/06 ITEM DESCRIPTION: Owner Contract— Watermain & Hydrants to Serve Target (Maine PREPARED BY: Street) — J5228 M. Baker Staff would offer the following Owner Contract project for consideration by the Council: Opus Northwest LLC (Owner) & Reilly Construction Co., Inc. (Contractor) are requesting a City -Owner Contract J5228 consisting of "Watermain & Hydrants to Serve Target (Maine Street)". COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J5228, "Watermain & Hydrants to Serve Target (Maine Street)". COUNCIL ACTION: Motion by: Second by: to: GENDA SECTION: CONSENT AGENDA REQUEST FOR COUNCIL ACTION MEETING DATE: 10/02106 ORIGINATING DEPT: ITEM NO. Public Works b-Zy ITEM DESCRIPTION: Owner Contract— Watermain & Hydrants to Serve Wehrenberg PREPARED BY: Theaters (Maine Street) — J5243 M. Baker i n Staff would offer the following Owner Contract project for consideration by the Council: Opus Northwest LLC (Owner) & Reilly Construction Co., Inc. (Contractor) are requesting a City -Owner Contract J5243 consisting of "Watermain & Hydrants to Serve Wehrenberg Theaters (Maine Street)". COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J5243, "Watermain & Hydrants to Serve Wehrenberg Theaters (Maine Street)". COUNCIL ACTION: Motion by: second by: to: GENDA SECTION: CONSENT AGENDA REQUEST FOR COUNCIL ACTION ORIGINATING DEPT: Public Works ITEM DESCRIPTION: Owner Contract— 2006 Public Improvements to Retail Center (Maine Street) — J5232 MEETING qi DATE: 10/02/06 ITEM NO. Z� PREPARED BY: IJ M. Baker V5 Staff would offer the following Owner Contract project for consideration by the Council: Opus Northwest LLC (Owner) & Reilly Construction Co., Inc. (Contractor) are requesting a City -Owner Contract J5232 consisting of "2006 Public Improvements to Serve Lowe's Retail Center (Maine Street)". COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J5232, "2006 Public Improvements to Serve Lowe's Retail Center (Maine Street)". COUNCIL ACTION: Motion by: Second by to: REQUEST FOR COUNCIL ACTION GENDA SECTION: I ORIGINATING DEPT: CONSENT AGENDA Public Works ITEM DESCRIPTION: Establish "No Parking" Zone on Wood Lake Drive SE MEETING 13 / DATE: 10-2-06 ITEM NNO_. , [ L PR9PARED BY: & } 1 K.D. Ruona Beckley's Incorporated, # 125 —Wood Lake Drive SE, has requested that Parking be prohibited adjacent to and across the street from their driveway, on Wood Lake Drive SE, during the hours of 7:00 am to 5:00 pm Monday through Friday. This request is due to unpredictable, periodic On Street Parking demands generated by the surrounding training/meeting facilities. Creation of a "No Parking Zone" would allow for trucks making deliveries to Beckley's to have enough room to maneuver in and out of their driveway unobstructed. The proposed Zone would consist of an area 50 feet East and West of the center line of Beckley's parking lot entrance, plus an area located across the street, beginning at the Child Care Resource & Referral's easterly parking lot entrance and ending 70 feet to the West. Dee Rabehl, of Child Care Resource & Referral, has been contacted and they are not opposed to the creation of this Parking Zone, at the current time. COUNCIL ACTION REQUESTED: Add Paragraph 343.5 to Section B "No Parking Zones" of the Comprehensive Traffic & Parking Resolutions, to read as follows: 343.5......... Wood Lake Dr SE, on the North side from 1140 feet to 1240 feet, more or less, north of the easterly intersection with 351" St SE, and on the South side from 1150 feet to 1220 feet, more or less, north of the easterly intersection with 35rh St SE, from 7:00 am to 5:00 pm, Monday through Friday. REQUEST FOR COUNCIL ACTION MEETING DATE: 10/2/06 GENDASECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works—Z ITEM DESCRIPTION: Revocable Permit: Cosmetic Steel Overhang on Building at 923 PR PARED BY: 6t" Street NW /,7 M. Nigbur�f/ Joseph and Angela Peter, the Owners of the property located at 923 6`n Street NW (Lots 20, 21 and 22, all in Block 2, Conley's Addition) have requested the City issue a revocable permit for the placement of a steel cosmetic overhang on their building that will extend into the right of way of 6th Street NW. The overhang will project 4.5 feet into the right of way of 6t" Street NW and be located 9 feet above the sidewalk surface Staff has reviewed the request and would recommend in favor of granting a Revocable Permit. The Owner has executed the Revocable Permit, which includes the standard language for revocation and liability protection for the City. CIVIC CENTER DR NW 5STNW i I COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the revocable permit with Joseph & Angela Peter for their property located at 923 61" Street NW for the placement of a cosmetic steel overhang in the right of way of 6'h Street NW. to: COUNCIL ACTION: Motion Second REQUEST FOR COUNCIL ACTION kGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: Public Works ITEM DESCRIPTION: ESTABLISH NO PARKING ZONE: Towne Club Parkway S.E. from TH 14 to Eastwood Road S.E. MEETING -11 DATE: 10/2106 ITEM NO. t� 'f' 4 i PREPARED BY: D. Nelson Rochester Towne Club Parkway S.E. is nearing completion. A Resolution is needed to establish the Parkway as a no parking roadway. The proposal would create a "No Parking" Zone for both sides of Towne Club Parkway beginning at the TH14 intersection to the connection of the Parkway with Eastwood Road S.E. COUNCIL ACTION REQUESTED: Add paragraph to Section B "No Parking Zones" of the Comprehensive Traffic and Parking Resolutions, to read as follows: 305.7 Towne Club Parkway S.E., on both sides, from TH 14 to Eastwood Road S.E. I COUNCIL ACTION: Motion by. Sewnd by: to: REQUEST FOR COUNCIL ACTION ;ENDA SECTION: I ORIGINATING DEPT: CONSENT AGENDA Public Works ITEM DESCRIPTION: ESTABLISH NO PARKING ZONE: Towne Club Parkway S.E. from TH 14 to Eastwood Road S.E. MEETING -11 DATE: 1012l06 ITEM NO. Q PREPARED BY: D. Nelson Rochester Towne Club Parkway S.E. is nearing completion. A Resolution is needed to establish the Parkway as a no parking roadway. The proposal would create a "No Parking" zone for both sides of Towne Club Parkway beginning at the TH14 intersection to the connection of the Parkway with Eastwood Road S.E. COUNCIL ACTION REQUESTED: Add paragraph to Section B "No Parking Zones" of the Comprehensive Traffic and Parking Resolutions, to read as follows: 305.7 Towne Club Parkway S.E., on both sides, from TH 14 to Eastwood Road S.E. I COUNCIL ACTION: Motion by Second by: to: t J 40 V S D N 2 m n 'p _V N N O T W p N S 6 O 90 mgmr -c =,.3 a m Smpg = 33g c A = w 3 ° W° m n 2 i 0 g `y m i v o- H m y ' xZ px, Cf °. n W m x 6 B D m z N� r m� x a m P r� ® 2 m Z r• 6 y �' -{ - 3 C n p 8 m a z < m 3' > 0 m 4 3 N y N>; x n 3 a r m rawmom'. U P m N[f�N+ A A m(a TNW-AP W+W(a m O. U O O U W O D U 00W OD U00 o A. 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O. NmJ V V mJmm°4U U m OCn w �I GN J O J m+ O m mA A A v AJ V J�+J J m N MM MM NMM NMM MMMMM N W A V V m N m N N m W W W p A 0!�P A D w N i 0 A O cc O f o o m o o $ g S Q 0 Z m 0 O O o 0 0 g 0 g 0 0 g O O w 0 C m $ wo O O e m I , E,3 4*0 From: Planning Referrals [mailto: planning. referrals@CO.OLMSTED.MN.US] Sent: Monday, October 02, 2006 1:30 PM To: Scherr, Judy Subject: FW: revised plan Please provide this to the Council tonight, including the email indicated below. Could you also confirm receipt of this email. Thanks Theresa Fogarty Senior Planner Rochester -Olmsted Planning Department 2122 Campus Drive SE, Suite 100 507-281-7389 From: Baker, Mark [mailto:mbaker@ci.rochester.mn.us] Sent: Monday, October 02, 2006 12:52 PM To: Garness Jennifer Cc: Nigbur, Mike; Freese, Richard; drichardson@rpu.org Subject: RE: revised plan Jennifer - FYI ...... the revised location of the northerly driveway access is acceptable to address item 1.) below, however, the dedication of the easements indicated in items 1a.) & 1.c.) below have not been completed. The transmittal from QED attached in your email includes descriptions for the "proposed easements" but providing the descriptions is not the same as dedication. There should remain a condition that dedication of the necessary easements is required. Mark E. Baker Land Development Specialist Rochester Public Works (507) 287-2114 From: Garness Jennifer [mailto:garness.jennifer@CO.OLMSTED.MN.US] Sent: Monday, October 02, 2006 11:13 AM To: drichardson@rpu.org; Baker, Mark Subject: revised plan Importance: High I Please submit any new or revised comments by 2 p.m. today (October 2, 2006) A revised site plan has been received. Please review and respond to the following revisions, as stated below Type III, Phase it Restricted Development Permit #06-26 by Zumbro Valley Mental Health Center. The applicant is requesting approval to establish a Residential Facility on property legally described as Lot 2, Block 2, Woodlake Park Second Subdivision. This facility is proposed to serve two different treatment programs; Connections and Referral Unit and Intensive Residential Treatment Services. 1. A revised site plan shall be submitted to the Planning Department, prior to Council action: a. Dedicating a drainage & utility easement for the entire pond area, up to the 100 year flood elevation. b. Relocating the northerly access on the site plan to lineup across from 35'" Street SE or move to line up with the next parking lot drive isle south of the currently proposed access location. c. As requested by RPU — Water Division required public utility easements for Lot 2, Block 2, Wood Lake Park Second Subdivision shall be dedicated. ✓?c+c&u&,r--40'6w&d Y&whrg .7epamwerr6 5A Email: Gayness.lennifer(a)ro.otmsted.mn.us 'Q Office: (5077 285-7049 REQUEST FOR COUNCIL ACTION MEETING 11 / DATE: 10/2/06 ORIGINATING DEPT: ITEM NO. iENDA SECTION: City Administrator � / Public Hearings ITEM DESCRIPTION 2007 Community Development Block Grant Appropriation TRSpaARED BY: eth Attached for information is a copy of the tabulation of the individual Councilmember appropriation forts. It has been the past practice of your the Council to fund those projects which received four (4) or more votes. The total 2007 CDBG award is estimated at $630,000. form there is a column entitled "Four or more votes rounded". In this column, I have rounded to the nearest hundred, On the attached tabulation the average amount based on the individual appropriation of Council members. These appropriations totaled $312,900. The following is a summary of the recommended appropriations receiving four or more votes from Council members: Public Service R uests 4,900 $10,80 Aldrich Memorial Nurse School $ 0 Bo s & Girls Club of Rochester C Olson YMCA 30 $9300 , Channel One Food Bank & Food Shelf $3,400 Child Care Resources & Referral (CCRR) $8,900 PossAbilities of Souther Minnesota $8,900 Rochester Area Disabled Athletics & Recreation (RADAR) $2, 00 Rochester Senior Center Inc. Barrier Removal / Rehab. / Acq./ Slum & Blight Removal Admin. $9,400 Abih Buildin Center $5,900 Hiawatha Homes Foundation SE MN Center for Inderiendent Livin SEMCIL $18,600 Bear Creek Services $6,700 First Homes Pro erties(Rebab $70,000 Samaritan Bethan ,Inc. $7,200 Senior Citizens Services, Inc. $46,400 Imagine Kutzky $32,900 Salvation Art $11,600 Rochester Area Habitat for Humanity $27,200 TOTAL $312,900 These appropriations are in addition to the $250,000 in the City's Single Family Rehab Program and $35,000 for CDBG program administration. Since we will not know the specific dollar amount of CDBG funds to be allocated to the City by HUD until some time in the spring of 2007, the staff recommends any remaining balance of CDBG funds be placed in the CDBG Contingency. COUNCIL ACTION REQUESTED: Approve of the 2007 CDBG appropriations as described above. COUNCIL ACTION: Motion by: second by: to: H Public Hearings REQUEST FOR COUNCIL ACTION Finance Department ITEM DESCRIPTION: Authorizing Issuance Of Commercial Development Revenue Note in the Amount of $1,200.000 On Behalf of Zumbro Valley Mental Health Center MEETING DATE: 10/2/06 ITEM NO. �i ~dam Dale Martinson This is a public hearing to consider a request from representatives of Zumbro Valley Mental Health Center of Rochester. They are asking the City to issue up to $1,200,000 in tax-exempt revenue notes for the purpose of financing a portion of the costs associated with the acquisition, construction and improvement of i) approximately 16,000 square foot residential mental health center, ii) a 16,000 square foot office building, and iii) condominium buildings for the Corporation's treatment programs to be located at Wood Lake Park, south of US 52 and east of US 63 in the City. The Corporation anticipates that the project, once complete, will enhance employment in the City and will enhance the Corporation's ability to provide mental health treatment services. The loan agreement that would be executed as part of such an issuance would require the Corporation to make all payments on the note. No holder or holders of the Note would ever have the right to compel any exercise of the taxing power of the City to pay the Note nor enforce payment against any property of the City. The Note would not constitute a debt of the City within the meaning of any charter, constitutional, or statutory limitation. It is my understanding that this project is up for final land use / zoning approvals at this same council meeting. Depending upon the order of hearings on the agenda tonight, or the potential to reschedule the land use question, I recommend approval, if given, be subject to final approvals of land use and zoning on the project. Drafts of the bond documents relating to the Notes have now been presented to the City. The City's bond counsel has reviewed the documents, made various changes to protect the City's interest, and approved the final form. We are therefore recommending the Council provide final approval to the issuance. Recommendation: Approve the resolution giving final approval to the issuance of up to $1,200,000 in revenue bonds on behalf of Zumbro Valley Mental Health Center, subject to final land use approvals for the project. rl. ,4-1 COUNCIL ACTION: Motion by Second by: to: MEETING 3 � REQUEST FOR COUNCIL ACTION DATE: 10-02-06 AGENDA SECTION: ORIGINATING DEPT: I I rEpa.cvu� PUBLIC HEARLNGS PLANNING ITEM DESCRIPTION: Type III, Phase II Restricted Development Permit #06-26 by Zumbro Valley Mental Health Center. The applicant is requesting approval to establish a Residential Facility on property legally described as Lot 2, Block 2, Woodlake Park Second Subdivision. This facility is proposed to serve two different treatment programs; Connections and Referral Unit and Intensive Residential Treatment Services. September 28, 2006 City Planning and Zoning Commission Recommendation: REPARED BY: Theresa Fogarty, Senior Planner The City Planning and Zoning Commission held a public hearing on September 27, 2006 to consider this application. The Planning Commission recommends approval subject to the following conditions: 1. A revised site plan shall be submitted to the Planning Department, on: a. Dedicating a drainage & utility easement for the entire pond area, up to the 100 year flood elevation. b. Relocating the northerly access on the site plan to line up across from 35t1' Street SE or move to line up with the next parking lot drive isle south of the currently proposed access location. c. As requested by RPU —Water Division required public utility easements for Lot 2, Block 2, Wood Lake Park Second Subdivision shall be dedicated. 2. Grading and Drainage Plan approval is required prior to development of the property, as well as, payment of the applicable Storm Water Management Conveyance portion (52%) of the SWMPAC. 3. Pedestrian Facilities are required along the Owner's entire frontage of Wood Lake Drive SE, concurrent with development of the property. 4. The owner is required to enter into a City -Owner Contract with the City of Rochester for the installation of the public water main. 5. The Access and Cross Parking Agreement between Zumbro Valley Mental Health Center and the Rochester Town Offices must be executed and recorded prior to issuance of any development permits. 6. Prior to public water main construction the water main must be sized properly based on the fire protection requirements of the building and final water main construction plans with profiles must be prepared by a civil engineer, approved by RPU- Water Division and conform to standard City of Rochester requirements. 7. Any proposed signage shalt meet the Standards for Light Industrial uses in the B-4 Zoning District. COUNCIL ACTION: Motion by: Second Page 26k Restricted Development CUP #06-26 Zumbro Valley Mental Health Center Mr. McGuine moved to recommend approval of Type III, Phase II Restricted Development Preliminary Plan #06-26 by Zumbro Valley Mental Health Center with the staff -recommended findings and conditions. Mr. Barry seconded the motion. The motion carried 7-0. Council Action Needed- 1. If the Council wishes to proceed, it should instruct the City Attorney to prepare a resolution either approving, approving with conditions, or denying this request based upon the criteria included in the staff report. The resolution should also specify any conditions of approval that the Council places on this request. 2. The applicant has requested the Council to waive the need for a Final Plan phase for this request as allowed in Section 60.532.6, which is attached. Staff recommends approval to waive the Final Plan phase since the request will meet the criteria included in Section 60.532.6. Attachments: 1. Staff reports, dated September 21, 2006. 2. Draft minutes of the September 27, 2006 CPZC Meeting. 3. Excerpt from the LDM, Section 60.532.6 —Waiving Final Plan Distribution: 1. City Clerk 2. City Attorney 3. Planning Department File 4. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, October 2, 2006 in the Council Chambers at the Rochester / Olmsted County Government Center. °'C x �f � $w2 \. E 7 ! : < E TT:1 �3� N Olmsted County is not responsible for ommissions or errors contained herein. If discrepancies are found within this map, please notify y the GIS Division, Rochester -Olmsted County Planning Department, 2122 Campus Drive SE, Rochester, MN 55904, (507) 285-8232. �1 tNA �.�uN rn e :�4. J '3, /44 } �QAM r /Zes�rr�-�ii/e. De�lopwtan� C � ya .` R r R ' oX'r,1�..;.''S�s... .'° Of s:yh 100 0 100 200 Feet �q i DRAFT MINUTES from September 27, 2006 City Planning and Zoning Commission PUBLIC HEARINGS: Ms. Mitzi A. Baker presented the staff report, dated September 21, 2006, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. The applicant's representative, Teresa Walters of Multiple Financial Services, Inc. (224 First Avenue SW, Suite A, Rochester MN 55902), addressed the Commission. Ms. Tina Noonamaker is also present to answer questions. She explained that they would consolidate programs within Rochester that are housed in difference locations. Ms. Tina Noonamaker described the different types of units and what functions they served. She also explained what types of licenses they have obtained for such services. She further explained the different funding sources. Ms. Walters stated that they agree with staff's recommendation. She stated that there were other individuals present that could answer questions. Mr. Haeussinger asked if all their properties would be moving to this one site. Ms. Walters indicated each building site location. Their intent is to move all services to one central location. Discussion ensued regarding locked versus unlocked buildings for clients. Mr. Haeussinger expressed concern with clients getting into the creek. Safety policies and procedures where discussed. With no one else wishing to be heard, Mr. Burke closed the public hearing. Mr MbG,uine r�cued to ttscotruuertxl i���rt ral�S� ,Typ l ly Rlt '0 l F eStricted �,' Detieonenl Ptmlti#QS- b Zumbra/Iley Al�enfealt �CtF Wrih the staff recommend- ing�an co, aiiibns� i�Cr,13a�$ ort�le � he�motlon�FT�h alp 1�ar4x'}.a �'°�+'e--r"6}s e`"c �, k ,i rs COND11'nONSY Nt y ' L 4 r,Y * 3A Sys Te, "+..34 k 4"�• � y. are�tsedsiteplan§'n�s��m�tt�t�atl���nn®,r�+et��riort <- a „a`i1�d�aittn a drains e & utili easement for the entire ond,erea:u ", Ob to the 10o yaar flood elevation,} { b' • �Reiocating thenottherly access otr the site plan to Tine tp across fronr 35.. Street SE"move,to im6 tap with thQ next parkri5g tot drive tsle south'df the ourrent proposed accesstocation c ^Ag reque6te8 by RPp Water Dtvi. on reguired pubtic`uttlity _ _eiasementafar Lot z, Block 2, Wbod Leke pal kSecoid Subdivtslon r a shall be dedicatewab d- 2 Grading and Dreinage Plartapproval,ts moire& prtar to develop , nto the property, as well as, payment df thepptical�ie Storm :1A�ater Management t oriveyance por 1prt 5 4% of the jii7tA�PACS fir, ;_ r AA;; <, r+ #n� "€ ri�'�' I *: 2t r 3rt x_ a aux 3 Pedesiriarr Faciiities aretequ red altt t"17 ne 'w traYKoratage o r Wood take Dri ne SE! concurrerlt�delonenttaepropettY54 4 The owner Is required to enter 1.igto a Ctty (iwer Contract with tie Ctty of .' Fochesterfortheinstaliatiatri�ttF[epub�owaterrriAM"' {` °�$ � S 5. The Access and Cross Parking Agreement between Zumbro Valley Mental Health Center and;the-Roehester'�ovun Offic4 must fie executed and recorded pnnrto �ssuanceboianK d vel trratt rits. , .. `its 3 ti k �n�y SgTy S �ga.E .s€,£M"rA" �asAkPkWtouliiioMima �� u4Rj�. p'ropgrlyrtasec%oRhe' ie;proe r�i1rIciiow ahhhal " water mainconstruc"ttrsn pl8nswtt `profiPes tp4is�t be eta a y a ctvlY y :; engineer, approved iy RPU Water;.Divisto4 snd con ormrto standard CIf y of M� c Rochester regLirementsmu � 7 ; Any proposed signage shall meet the Standards for t (ght industrial uses in the . B-4 Zcitin t)Istrict: ' `A ROCnESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE. Suite 100 F Rochester, MN 559D4-4744 0 0 0 N TV OF www.cimstedcounty.com/planning TO: City Planning & Zoning Commission FROM: Theresa Fogarty, Senior Planner DATE: September 21, 2006 RE: Type III, Phase II Restricted Development Permit #06-26 by Zumbro Valley Mental Health Center. The applicant is requesting approval to establish a Residential Facility on property legally described as Lot 2, Block 2, Woodlake Park Second Subdivision. This facility is proposed to serve two different treatment programs; Connections and Referral Unit and Intensive Residential Treatment Services. CP&ZC Meeting Date: September 27, 2006 Planning Department Review Applicant: Zumbro Valley Mental Health Center 315 Elton Hills Drive NW Rochester, MN 55901 Representative: Teresa L. Walters Multiple Financial Services, Inc. 224 First Avenue SW, Suite A Rochester, MN 55902 Architect: Property Location and Size: Zoning: QED Engineering, Inc. 6301 Bandel Road NW, Suite 301 Rochester, MN 55901 The property is approximately 67,913 square feet in size and is located south of TH 52, along the east side of Wood Lake Drive SE. The applicant submitted information for their total project consisting of treatment facility and administrative offices. The review for the Restricted Development request is limited to Lot 2, Block 2 —the Treatment Facility. The remaining development of the proposed campus will be reviewed through the Site Development Plan Review process. The property is zoned M-1 (Mixed Commercial - Industrial) district. BUILDING CODE 5071285-6345 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 507/285-8224 PLANNING/ZONING 507/285-8232 • WELUSEPTIC 507/285-6345 FAX 507/287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER 7� CUP #06-26 Zumbro ro Valley Mental Health Center 09/21/06 Page 2 Adjacent Land Use: North: Community Behavior Hospital. The property is zoned M-1 (Mixed Commercial - Industrial) district on the City of Rochester zoning map. Approved conditional Use Permit — Restricted Development approved September, 2005. South: Vacant lot, zoned M-1 (Mixed Commercial -Industrial) district on the City of Rochester zoning map. Proposed site of Zumbro Valley Mental Health administrative offices. East: A private stormwater management pond. West: Vacant lot, zoned M-1 (Mixed Commercial -Industrial) district on the City of Rochester zoning map. Summary of Proposal: The applicant is proposing to construct a one story 16,188 square foot on lot with an area of 67,913 square foot. The structure consists of 26 patient treatment room facility serving two treatment programs - Connections and Referral Unit (CRU) and Intensive Residential Treatment Services (IRTS). Construction of the proposed building consists of asphalt shingle roofing materials, metal 6" lap siding with an accent of 4" brick and pre -finished metal facia/soffit trim. The proposed green space to be provided equals approximately 75% (using the B-4 (General Commercial ) district, the minimum landscape requirement is 10%). A Landscaping plan has been submitted and indicates the planting of evergreen trees, shade trees, deciduous shrubs and perennials. The proposed project will provide 13 parking spaces of which 10 will be standard and 3 will be handicapped on a bituminous surface. The Land Development Manual requires a minimum of 5 per medical professional. An additional 12 parking spaces are required for this proposal. ZVMHC and the Rochester Town Offices (office condominium located to the south the ZVMHC proposed administrative offices) have developed an Access and Cross Parking Easement CUP Val Zumbro ro Valley Mental Health Ccoter �`�J, 09/21/06 3 Page 3 Agreement agreeing to share parking, ingress and egress access. This document must be executed and recorded prior to issuance of any development permits. Upon reviewing the proposal, as submitted, It appears there no signage intended for the treatment facilities building, but if signage is proposed the signage shall meet the Standards for Light Industrial uses in the B-4 Zoning District. Roadways: The property is accessed from Wood Lake Drive SE, which is classified as a local collector on the City of Rochester's Adopted Long Range Transportation Plan. The northerly access on the site plan should be relocated to line up across from 35th Street SE or moved to line up with the next parking lot drive isle south of the currently proposed access location. Public Utilities: Dedication of a drainage and utility easement is required for the entire pond area, up to the 100 year flood elevation. Pedestrian Facilities: Grading and Drainage: Prior to public water main construction the following items need to be addressed: a) the water main must be sized properly based on the fire protection requirements of the building; b) final water main construction plans with profiles must be prepared by civil engineer, approved by the RPU — Water Division and conform to standard City of Rochester requirements; c) the required public utility easement must be dedicated; and d) the owner is required to enter into a City -Owner Contract with the City of Rochester for the installation of public water main. Pedestrian Facilities are required along the Owner's frontage of Wood Lake Drive SE, concurrent with development of the property. Grading and Drainage Plan approval is required prior to development of the property. In addition, payment of the applicable Storm Water Management Conveyance portion (52%) of the SWMPAC is required prior to development. ., n CUP #06-26 Zumbro Valley Mental Health Center 09/21/06 Page 4 Wetlands: Minnesota Statutes now requires that all developments be reviewed for the presence of wetlands or hydric soils. A wetland related application has been approved by the City. This plan incorporates the approved wetland plan. Referral Agency Comments: 1. Rochester Public Works 2. Rochester Public Utilities — Water Division 3. Planning Dept. — Wetlands LGU representative Attachments: Site Plan Elevation Plan Location Map Arial Photo of Area Referral Comments (3 letters) Explanation of Application and Review Procedures: This application proposes the use of a treatment facility in the M-1(Mixed Commercial - Industrial) district. Since a treatment facility is not a permitted use category in the M-1 district, it must be reviewed under the Restricted Development provisions using the B-4 (General Commercial District) as the underlying district. The Restricted Development provisions of the Zoning Ordinance and Land Development Manual (Section 62.700) recognize that certain land uses which are generally not allowed within a given zoning district can, if regulated, `serve both the public interest and allow a more equitable balancing of private interests than that achieved by strict adherence to standards zoning regulations". This application requires a two step review process, consisting of a preliminary plan and a final plan. The preliminary plan phase follows the Type III, Phase II, procedure with a hearing before the Planning Commission and a hearing before the Council. The applicant has requested that the final plan review procedure for this Restricted Development Plan request be waived. The City Council can waive the final plan review procedure. Analysis: Staff has evaluated this Restricted Development Preliminary Plan request as a Final Development Plan considering applicable criteria included in Sections 61.146 and 62.708 of the LDM (see attached). The Planning staff offers the following comments concerning each of the 10 final plan criteria: A. Public Facility Design: It appears that services can be extended to serve this property. Prior to public water main construction the water main must be sized properly based on the fire protection requirements of the building, final water main construction with profiles must be prepared by a civil engineer, approved by RPU- Water Division and conform to standard City of Rochester requirements and the owner shall enter into a CUP Zumbro Vall Valley Mental Health Center `f'L 09/21/06 Page 5 City -Owner Contract with the City of Rochester for the installation of the public water main. Dedication of a drainage and utility easement is required for the entire pond area up to the 100 year flood elevation and any public utility easement required by RPU- Water Division. B. Geologic Hazard: This site is not known to contain any of the listed geologic hazards. C. Access Effect: The property will have access from a local roadway serving commercial -industrial uses which is intended to carry high volumes of traffic. The Final Plan will need to be revised relocating the access on the site plan to line up across from 351h Street SE or moved to line up with the next parking lot drive isle south of the currently proposed access location. The Access and Cross Parking Agreement between Zumbro Valley Mental Health Center and the Rochester Town Offices must be executed and recorded prior to issuance of any development permits. D. Pedestrian Circulation: Pedestrian Facilities are required along the Owner's entire frontage of Wood Lake Drive SE, concurrent with development of the Property. E. Foundation and Site Planting: According to the zoning standards applicable within the B-4 district which is being used to evaluate this proposal, a minimum of 10% of the area must be landscaped. The submitted plan exceeds the landscaping requirements, providing 75%. F. Site Status: The entire property is under the ownership of Zumbro Valley Mental Health Center. All maintenance of the buildings and landscaping is the responsibility of Zumbro Valley Mental Health Center. The proposed use is compatible with the existing land uses in the area. A Grading & Drainage Plan approval is required prior to development, as well as payment of the applicable Storm Water Management conveyance portion (52%) of the SWMPAC. G. Screening and Bufferyards: Applying the standards of the B-4 zoning district, screening and bufferyards are not required. However, a landscaping plan is provided identifying plantings on the property. According to the plans, the perimeter of the building appears to be aesthetically landscaped. H. Final Building Design: The final building design is consistent with the principles identified in the development plan relative to Height Impact, Setbacks and Internal Site Design. Internal Circulation Areas: A typical medical facility requires 5 parking spaces per 5 medial professional. An additional 12 spaces are required and can be obtained through the Access and Cross Parking Easement Agreement between Zumbro Valley Mental Health Center and Rochester Town Offices. The applicant shall execute and record the Access and Cross Parking Easement Agreement prior to issuing any development permits. CUP #06-26 Zumbro Valle}' Mental Health Center 09/21/06 Page 6 J. Ordinance Requirements: The Access and Parking Easement Agreement between Zumbro Valley Mental Health Center and Rochester Town Offices shall be executed recorded prior to issuing any development permits. With that exception, the proposed development is consistent with the requirements of the underlying zoning district for similar uses in regard to other appearance controls, and with general standards such as traffic visibility and emergency access. Staff Recommendation: Staff has reviewed this request in accordance with the applicable standards and provisions, as included in this report. Based upon staff review and the analysis included above, staff recommends approval of this application subject to the following conditions or modifications: 1. A revised site plan shall be submitted to the Planning Department, prior to Council action: a. Dedicating a drainage & utility easement for the entire pond area, up to the 100 year flood elevation. b. Relocating the northerly access on the site plan to line up across from 35l8 Street SE or move to line up with the next parking lot drive isle south of the currently proposed access location. c. As requested by RPU — Water Division required public utility easements for Lot 2, Block 2, Wood Lake Park Second Subdivision shall be dedicated. 2. Grading and Drainage Plan approval is required prior to development of the property, as well as, payment of the applicable Storm Water Management Conveyance portion (52%) of the SWMPAC. 3. Pedestrian Facilities are required along the Owner's entire frontage of Wood Lake Drive SE, concurrent with development of the property. 4. The owner is required to enter into a City -Owner Contract with the City of Rochester for the installation of the public water main. 5. The Access and Cross Parking Agreement between Zumbro Valley Mental Health Center and the Rochester Town Offices must be executed and recorded prior to issuance of any development permits. 6. Prior to public water main construction the water main must be sized properly based on the fire protection requirements of the building and final water main construction plans with profiles must be prepared by a civil engineer, approved by RPU-Water Division and conform to standard City of Rochester requirements. 7. Any proposed signage shall meet the Standards for Light Industrial uses in the B-4 Zoning District. CUP #06-26 � Zumbro Valley Mental Health Center q 09/21/06 Page 7 62.706 Standards for Approval, Preliminary Development Plan: The Council shall approve a preliminary development plan if it finds that the development has addresses and satisfied all the criteria listed in Paragraph 62.708(1), or that a practical solution consistent with the public interest can be incorporated into the final development plan, or a modification for the unmet criteria has been granted as provided for in Paragraph 62.712. 62.708 Criteria for Type III Developments: In determining whether to approve, deny, or' approve with conditions an application, the Commission and Council shall be guided by the following criteria: Preliminary Development Plan Criteria: a) Capacity of Public Facilities: The existing or future planned utilities in The area are adequate to serve the proposed development. b) Geologic Hazards: The existence of areas of natural or geologic hazard, such as unstable slopes, sinkholes, floodplain, etc., have been identified and the development of these areas has been taken into account or will be addressed in the Phase II plans. c) Natural Features: For developments involving new construction, the arrangement of buildings, paved areas and open space has, to the extent practical, utilized the existing topography and existing desirable vegetation of the site. d) Residential Traffic Impact: When located in a residential area, the proposed development: i. Will not cause traffic volumes to exceed planned capacities on local residential streets; ii. Will not generate frequent truck traffic on local residential streets; III. Will not create additional traffic during evening and nighttime hours on local residential streets; e) Traffic Generation Impact: Anticipated traffic generated by the development will not cause the capacity of adjacent streets to be exceeded, and conceptual improvements to reduce the impact of access points on the traffic flow of adjacent streets have been identified where needed. f) Height Impacts: For developments involving new construction, the heights and placement of proposed structures are compatible with the surrounding development. Factors to consider include: i. Will the structure block sunlight from reaching adjacent properties during a majority of the day for over four (4) months out of the year; / CLIP #06-26 v V Zumbro Valley Mental Health Couter 09/21/06 Page 8 ii. Will siting of the structure substantially block vistas from the primary exposures of adjacent residential dwellings created due to differences in elevation. g) Setbacks: For developments involving new construction, proposed setbacks are related to building height and bulk in a manner consistent with that required for permitted uses in the underlying zoning district. h) Internal Site Design: For developments involving new construction, the preliminary site layout indicates adequate building separation and desirable orientation of the buildings to open spaces, street frontages or other focal points. i) Screening and Buffering: The conceptual screening and bufferyards proposed are adequate to protect the privacy of residents in the development or surrounding residential areas from the impact of interior traffic circulation and parking areas, utility areas such as refuse storage, noise or glare exceeding permissible standards, potential safety hazards, unwanted pedestrian/bicycle access, or to subdue differences in architecture and bulk between adjacent land uses. j) Ordinance Requirements: The proposed development includes adequate amounts of off-street parking and loading areas and, in the case of new construction, there is adequate landscaped area to meet ordinance requirements. k) General Compatibility: The relationship of the actual appearance, general density and overall site design of the proposed development should be compared to the established pattern of zoning, the character of the surrounding neighborhood and the existing land forms of the area to determine the general compatibility of the development with its surroundings. 2. Final Development Plan Criteria: a) Public Facility Design: The design of private and public utility facilities meet the requirements and specifications which the applicable utility has adopted. b) Geologic Hazard: Engineering means to deal with areas of geologic hazard have been incorporated into the development plan or such areas have been set aside from development. c) Access Effect: Ingress and egress points have been designed and located so as to: CUP Zumbro ro Valley Mental Health Ccuter 09/21/06 Pa-- 9 1) Provide adequate separation from existing street intersections and adjacent private driveways so that traffic circulation problems in public right-of-ways are minimized; 2) Not adversely impact adjacent residential properties with factors such as noise from accelerating or idling vehicles or the glare of headlights from vehicles entering or leaving the site; In addition, where the preliminary development plan identified potential problems in the operation of access points, plans for private improvements or evidence of planned public improvements which will alleviate the problems have been provided. d) Pedestrian Circulation: The plan includes elements to assure that pedestrians can move safely both within the site and across the site between properties and activities within the neighborhood area, and where appropriate, accommodations for transit access are provided. e) Foundation and Site Planting: A landscape plan for the site has been prepared which indicates the finished site will be consistent with the landscape character of the surrounding area. f) Site Status: Adequate measures have been taken to insure the future maintenance and ownership pattern of the project, including common areas, the completion of any platting activities, and the provision of adequate assurance to guarantee the installation of required public improvements, screening and landscaping. g) Screening and Bufferyards: The final screening and bufferyard design contains earth forms, structures and plant materials which are adequate to satisfy the needs identified in Phase I for the project. h) Final Building Design: The final building design is consistent with the principles identified in preliminary development plan relative to Height Impact, Setbacks and Internal Site Design. i) Internal Circulation Areas: Plans for off-street parking and loading areas and circulation aisles to serve these areas meet ordinance requirements in terms of design. j) Ordinance Requirements: The proposed development is consistent with the requirements of the underlying zoning district for similar uses in regard to signage and other appearance controls, and with general standards such as traffic visibility and emergency access. r /1 CUP o ZumbrValley Valley Mental Health Linter 09/21/06 Page 10 Section 61.146 61.146 Standards for Conditional Uses: The zoning administrator, Commission, or Council shall approve a development permit authorizing a conditional use unless one or more of the following findings with respect to the proposed development is made: 1) provisions for vehicular loading, unloading, parking and for vehicular and pedestrian circulation on the site and onto adjacent public streets and ways will create hazards to safety, or will impose a significant burden upon public facilities. 2) The intensity, location, operation, or height of proposed buildings and structures will be detrimental to other private development in the neighborhood or will impose undue burdens on the sewers, sanitary and storm drains, water or similar public facilities. 3) The provision for on -site buff eryards and landscaping does not provide adequate protection to neighboring properties from detrimental features of the development. 4) The site plan fails to provide for the soil erosion and drainage problems that may be created by the development. 5) The provisions for exterior lighting create undue hazards to motorists traveling on adjacent public streets or are inadequate for the safety of occupants or users of the site or such provisions damage the value and diminish the usability of adjacent properties. 6) The proposed development will create undue fire safety hazards by not providing adequate access to the site, or to the buildings on the site, for emergency vehicles. 7) In cases where a Phase I plan has been approved, there is a substantial change in the Phase 11 site plan from the approved Phase I site plan, such that the revised plans will not meet the standards provided by this paragraph. 8) The proposed conditional use does not comply with all the standards applying to permitted uses within the underlying zoning district, or with standards specifically applicable to the type of conditional use under consideration, or with specific ordinance standards dealing with matters such as signs which are part of the proposed development, and a variance to allow such deviation has not been secured by the applicant. CUP #06-26 LO' Zumbro Valley Mental Health Ccuter 09/21/06 Page 11 60.532 Phase II Hearing Process: 6) The Council shall have the power to waiver subsequent review phases in a multi -phase review process if requested by the applicant upon findings that: a) The information considered during the Phase 11 Hearing process is sufficient in nature to demonstrate compliance with all the requirements set forth in this ordinance. b) That waiver of the subsequent review phases will not interfere with the purposes and intent of this ordinance. c) That the applicant has provided assurance that all conditions or modifications attached to approval of the project will be met. This assurance shall include, but shall not be limited to, filing of revised plans, the provision of necessary bonds or other surety to cover the completion of projects, or the filing of necessary legal documents. V107 ROCHESTER TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DATE: 9/15/06 DEPARTMENT OF PUBLIC WORKS 2014" Street SE Room 108 Rochester, MN 55904-3740 507-267-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the application for Restricted Development Plan #06-26 for the proposed Zumbro Valley Mental Health Center (Lot 2. Block 2, Wood Lake Park Second). The following are Public Works comments on this request: 1. The review of this application for Restricted Development is limited to Lot 2, Block 2, Wood Lake Park 2nd. The remaining features of this proposed campus will be reviewed through the Site Development Plan process. 2. Grading & Drainage Plan approval is required prior to development, as well as, payment of the applicable Storm Water Management Conveyance portion (52%) of the SWMPAC. 3. The northerly access on the site plan should be relocated to lineup across from 35th St SE, or moved to line up with the next parking lot drive isle south of the currently proposed access location. 2. Pedestrian Facilities are required along the Owner's entire frontage of Wood Lake Dr SE, concurrent with development of the Property. 3. Dedication of a drainage & utility easement is required for the entire pond area, up to the 100 yr flood elevation. This Property (Lot 2, Block 2, Wood Lake Park 2"d) has previously paid development charges for SAC & WAC, additional development related charges are as follows: Storm Water Management Charge — TBD Plant Investment Fee — TBD C:\Documents and Settings\plajgarn\Local Settings\Temporary Internet Files\OLK61\RestDev 06-26 ZumSro Valley Mental Health Center (Wood Lake Park).doc ^nN' �10 V rp u we pl(djr, wr df,irrr September 1, 2006 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Type III Phase II Restricted Development Permit #06-26 by Zumbro Valley Mental Health Center to establish a Residential Facility to serve two different treatment programs: Corrections and Referral Unit and Intensive Residential Treatment Services. Dear Ms. Gamess: Our review of the referenced Restricted Development Request is complete and we have no objections. Our comments follow related to the public water main extension: 1. The Fire Prevention Bureau will need to comment on the location of the proposed fire hydrant as it relates to protection of this building (typically hydrants need to be farther away from buildings). 2. Prior to the public water main construction the following items need to be addressed. a. The water main must be sized properly based on the fire protection requirements of the building. b. Final water main construction plans with profiles must be prepared by a civil engineer, approved by us and conform to standard City of Rochester requirements. c. The required public utility easement must be dedicated. d. The owner is required to enter into a City Owner Contract with the City of Rochester for the installation of the public water main. Contact the Land Development Manager (507-281- 6198) at the Public Works Department for details. Please contact us at 507-280-1500 if you have questions. Very truly yours, "AA"&� Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Bureau Teresa L. Walters, Multiple Financial Services, Inc. QED Engineering, Inc. Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 WETLAND COMMENTS FOR DEVELOPMENT APPLICATIONS Application Number: Type III Phase II Restricted Development Permit #06- 26 by Zumbro Valley Mental Health Center ❑ No hydric soils exist on the site based on the Soil Survey ❑ Hydric soils exist on the site according to the Soil Survey. The property owner is responsible for identifying wetlands on the property and submitting the information as part of this application. ❑ A wetland delineation has been carried out for the property and is on file with the Planning Department. ❑ A wetland delineation is on file with the Planning Department and a No -Loss, Exemption, or Replacement Plan has been submitted to the Planning Department. ® A wetland related application has been approved by the City. This plan incorporates the approved wetland plan. ❑ No hydric soils exist on the property based on the Soil Survey. However, due to the location in the landscape, the property owner should examine the site for wetlands. The property owner is responsible for identifying wetlands. ❑ Other or Explanation: From John Harford Wetlands LGU Representative REQUEST FOR COUNCIL ACTION SECTION: PUBLIC HEARINGS PLANNING i MEETING DATE: 10-2-06 ITEM jj0. it ITEM DESCRIPTION: PREPARED BY: Amendment to General Development Plan #253 by Joel Bigelow & Sons John Harford, Enterprises Inc. The applicant is proposing to amend the GDP to modify Senior Planner the road and lot layout. The property is located north of TH 52, south of `,^cxhJrx/f/A— Pinewood Road, in the vicinity of 25th and 26th Ave., SE. NOTE: The City Public Works Department has requested that the applicant supply an easement along the entire frontage of TH 52 to accommodate a Pedestrian Bike Path. The suggested wording as a condition of approval is 'The Owner acknowledges the potential need for a Pedestrian Bike Path along TH 52. The Owner has requested that prior to platting, the need for and location of said path shall be further reviewed by Public Works and the Minnesota Department of Transportation': City Planning and Zoning Commission Recommendation: The City Planning and Zoning Commission held a public hearing on September 13, 2006. Please see the attached minutes for additional detail, discussion and input from the neighborhood. Mr. McGuine move to approve General Development Plan #253 to be known as Pinewood Summit with staff findings and recommendations. Ms. Weisner seconded the motion. The motion carried 4-2. CONDITIONS: .1. The GDP shall be revised, prior to the City Council meeting, providing the mid -block pedestrian connection as required by the Land Development Manual. The access must be provided to the parcel of land located to Lt" the north from the east -west street (Stacey Street). NOTE: This mid block connection has been added to an amended version of the GDP submitted after the CPZC hearing. 2. There are inadequate on and off site public facilities, specifically Sanitary Sewer, Water, Public Roadways, Storm Water Management Facilities, and Pedestrian Facilities, to accommodate the development of this Property. Since this development is proposed to be phased -in, it must be done in a manner consistent with the City's existing and planned infrastructure improvements and, as required by city ordinances, pursuant to an executed development agreement. If the development proposal is modified such that the development is not phased, no development will be allowed to occur until the City Council has determined that public facilities are adequate for said development. Alternatively, the developer may request to join with the City in making these inadequate public facilities adequate for this development, and may enter into a development agreement, prior to Final Plat submittal, that outlines the developer's and City's obligations related, but not limited to: Ownership. Maintenance & Access to Outlots and private Open Space ( including the proposed lift station), stormwater management (including any obligations for off -site facilities), transportation improvements, pedestrian facilities (including the construction & maintenance of the proposed path abutting the stormwater facility), right-of-way dedication, contributions for public infrastructure, and the extension of public facilities to abutting properties where applicable. UNCILACTION: Motion by: Second by: to: Page 2 \ 0 RCA September 25, 2006 3. Grading and Drainage Plan approval is required prior to Final Plat submittal. Detailed grading and drainage plans will also be required when the property is platted or developed. The proposed on -site facilities indicated on the GDP are only considered conceptual until a grading and drainage plan has been reviewed and a determination made by the City that the proposed location and design are appropriateladequate and a determination is made on ownership and maintenance. 4. At the time of platting, controlled access shall be dedicated along the entire frontage of TH 52. 5. Pedestrian facilities (concrete sidewalk) will be required along both sides of all new public roads within this property. The Owner shall construct all required mid -block pedestrian connections, and dedicate said connections to the City as separate Outlots. 6. The public parkland dedication requirement for this development is approximately 2.5 acres. The dedication shall be in the form of cash in lieu of land. 7. Development of this property is limited to 41 single family lots prior to construction of a secondary access to serve this development. Development of the remainder of the property, beyond 41 lots is contingent upon the developer obtaining the secondary access. Council Action Needed. 1. If the Council wishes to approve the General Development Plan it should instruct the City Attorney to prepare a resolution, with findings, for Council approval. Planning Department Recommendation: See attached staff report dated September 6, 2006. Attachment: 1. Staff report dated September 6, 2006 2. Minutes of the September 13, 2006 CPZC meeting. 3. Referral agency comments. Distribution: 1. City Administrator 2. City Attorney: 3. Planning Department File 4. This item will be considered some time after 7:00 p.m. on Monday October 2, 2006 in the Council / Board Chamber at the Rochester - Olmsted Government Center Building 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, September 13, 2006, at 7:00 p.m. in the Council/Board Chambers of the Government Center, 151 4th Street SE, Rochester, MN. Members Present: Ms. Leslie Rivas, Vice Chair; Mr. Paul Ohly; Ms. Lisa Wiesner; Mr. Robert Haeussinger; Mr. John McGuine; and Mr. Gerald Pestka Members Absent: Mr. Jay Burke, Chair; Mr. Jesse Wallace; and Mr. Vince Barry Staff Present: Mr. Brent Svenby and Ms. Jennifer Garness Other City Staff Present: None. 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. Harford stated that MnDOT and the applicant have asked that Conditional Use Permit #04- 41 by Carol Johnson/Drywall Supply be continued to September 27, 2006. Mr. Haeussinger made a motion to approve the following consent items. Mr. McGuine seconded the motion. August 23, 2006 minutes • Annexation #06-06, by BY US, LLC • Rural/Urban Service District The motion carried unanimously. Mr. Haeussinger made a motion to continue Type III, Phase III Amendment to Conditional Use Permit #04-41 by Carl Johnson/Drywall Supply to September 27, 2006. Mr. McGuine seconded the motion. • Type 111, Phase III Amendment to Conditional Use Permit #04-41 by Carl Johnson/Drywall Supply The motion carried unanimously. PUBLIC HEARINGS: ILI `n1 Page 2 City Planning and Zoning Commission Minutes Hearing Date: September 13, 2006 is located north of TH 52, south of Pinewood Road, in the vicinity of 25th and 26th Ave SE. Mr. John Harford presented the staff report, dated September 6, 2006, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Mr. Harford gave the history of the project when it was originally proposed. Mr. Harford discussed the number of lots that can be built on a single access into a development. Mr. Harford stated that the Commission's options were: 1) Deny the plat due to the number of lots proposed, or 2) Require that the plans be revised to show fewer lots prior to being heard by the City Council. Mr. McGuine asked if the 41 lots were approved by the City Council when originally proposed. Mr. Harford responded that was their understanding. However, the applicant did not plat the property at that time. The applicant's representative, Geoff Griffin of GGG Engineering (14070 Hwy 52 SE, Chatfield MN 55923), addressed the Commission. They are in concurrence with the staffs recommendation and conditions (including restricting development at this time to 41 lots). Mr. Joseph Nordby (residing at 2627 25'' Ave SE, Rochester MN 55904) addressed the Commission. He expressed concern regarding access to the development, expressly 25" Avenue. Last year he submitted a petition against the development. He thought that the City Council denied the request. Mr. Harford explained that the Planning Commission recommended denial of the GDP but the City Council has the final decision and approved the GDP. Mr. Nordby stated that the proposed amendment adds 22 lots. He expressed concern with the additional traffic that the 22 lots would incur. Mr. Harford stated that the original proposal would have only generated approximately 900 trips. With the additional lots being proposed, the number of trips could be approximately 1200 trips. He explained how it would be distributed. Mr. Nordby expressed concern about 25"Avenue being used as thoroughfare when it doesn't meet city standards now. He described how dangerous 25th Avenue is during the winter for cars and pedestrians. He described the amount of traffic that goes by Pinewood Elementary presently and how dangerous it is for the children walking in that area. Ms. Cheryl O'Dea (residing at 2500 28"h Street SE, Rochester MN 55904) addressed the Commission. She expressed concern about the roadway that is shown on the plan that extends through her property. She indicated that developers have previously came to her and threatened condemnation. She also expressed concern about the condition of the roadways and about the traffic congestion by Pinewood Elementary at present. Page 3 City Planning and Zoning Commission Minutes Hearing Date: September 13, 2006 Mr. Richard Sargent (residing at 2719 26 Avenue SE, Rochester MN 55904) addressed the Commission. He stated that children have to walk along the roadway as there are no sidewalks. Therefore, adding more traffic would be even more dangerous to them. Mr. Gene Ostrom (residing at 2811 Pinewood Road SE, Rochester MN 55904) addressed the Commission. He expressed concern about the lot size on a smaller amount of acres. He stated that he did not think that it fit into the surrounding communities. Mr. Ostrom stated that the individuals that applied for the amendment do not own the property show in the GDP and he questioned how that could occur. Mr. Ostrom stated that the majority of the cars on Pinewood Road are cars that come from 30'h Avenue (80 percent of traffic). He stated that 20`h Street SE needed to be extended. Mr. Jim Claire (residing at 2718 26 Avenue SE, Rochester MN 55904) addressed the Commission. He stated that he has lived in his home for 40 years and has seen a lot of accidents (he gave examples). He expressed concern with additional traffic being allowed on the roadways as there are children and pedestrians that have to walk along the side of the roadway and that there is black ice on the roadway during the winter. Children have to walk down the hill to catch the school bus as it does not travel up the roadway. He stated that 20`h Street SE needed to be extended. Mr. Charles Kirchner (residing at 2524 25th Avenue SE, Rochester MN 55904) addressed the Commission. He stated that he is a school bus driver and that 251h Avenue SE is in the top 3 roadways that they do not go on. They have to pick the children up on Pinewood Road instead. Mr. Ward Opitz (Bigelow Enterprises, 3428 Lakeridge PI, Rochester MN 55901) addressed the Commission. He stated that he has purchased the 40 acres from By Us LLC. He stated that they are looking to put the access to the north. The purpose for the smaller lots is to make the homes more affordable ($150,000 to $250,000 range). Mr. Opitz explained that they used the approved GDP plan for their amendment of the 40 acres. He explained that they cannot remove property from the approved GDP that they do not own. Mr. Harford explained that he could not connect to the Quinstar Development to the west due to the grade. Mr. Mark Welch described the Ordinance changes regarding the number of acres to be shown in a GDP. He explained that the only changes to the Olson property on there were moving a few property lines and other miscellaneous changes. Ms. Cheryl O'Dea asked how the road could be stubbed in showing connection to her property when she didn't agree to the connection. Mr. Ohly explained that the stubbed in roadway is conceptual. With no one else wishing to be heard, Ms. Rivas closed the public hearing. 10� �t0 Page 4 City Planning and Zoning Commission Minutes Hearing Date: September 13, 2006 Mr. Haeussinger stated that the amendment did not improve the development so he was not in favor of approving the plan before them. Ms. Rivas agreed. 10, lk Page 5 City Planning and Zoning Commission Minutes Hearing Date: September 13, 2006 The public party 2.5 acres. The 7. Development of this property is 11 a secondary access to serve this property, beyond 41 lots, is conti access. Mr. John Harford presented the staff report, dated August 29, 2006, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Mr. Harford stated that the Commission could continue the item until they revise the plan to remove the 10 lots or have the applicant state that they will revise the plat to remove the 10 lots prior to being scheduled for the City Council. The applicant's representative, Geoff Griffin of GGG Engineering (14070 Hwy 52 SE, Chatfield MN 55923), addressed the Commissions. He explained that Hawk Ridge was able to get building permits prior to constructing a second access. The proposed development should not be any different. He stated that the applicant will agree to 41 lots and put the additional lots in 1 outlot. Ms. Wiesner asked if the plans would be revised prior to the City Council meeting. Mr. Griffin asked that the Commission recommend approval with a condition that the 10 lots be put into an outlot. He stated that the applicant is in agreement with the other staff recommended conditions. With no one else wishing to be heard, Ms. Rivas closed the public hearing. Ms. Wiesner moved to recommend approval,of Preliminary Pla 6� O'by-.toei B�ge[ow , P' and Sons Enterprises, tie. to be known as Pin Wood SUmttiit..Irst Additfott vwthth°w , � e staff -recommended findings andreondidons, adding to. Con�iion N.tim er S titatttt filar be revised to show'thiit0�tots itt an outtatprioP tosubm[tta[fo It a uncrlfi@a Mr. McGuine seconded theno%an. Tate "fin cardeiil B-il��r t' w Y CONDITIONS 1. In order to comply witft Secttort 6 i T O'I tfie sppllcantw6i noo F a© two options prior to or et the time dfi£nai'plat subnittal; aj ffie plans Cs revtseda :N show the 10 lots in an outiot' ri4r to submittal forthe C Connell he F b a t=, J \\� Page 6 V City Planning and Zoning Commission Minutes Hearing Date: September 13, 2006 for and receive approval of a Design Modification.. 2. The Final Plat shall include • Drainage and utility easements as dete. inedrkecessaryfh construction and grading plan review or as t�etermmed in„tl agreement�..ks_ gp 3. The roadway name for, the cut -de -sac must;be modified Ultati 2006 letter from the GISIAddnssing staff prior to subm tti ig a 4. The applicant is required tordedicate temporaryeasemen4sc temporary turn-arounds at the westeryly end of Stacy 5t; SE:an 5. The applicant agrees tFrat this sii6divtslan.yvilL eve an fmact Parkland and thatth4110 1 the Park and Recreation pdepartment c�a etitAugust30, �006 6. Grading and Drainage Pt`an approvafis required Qriort�Fiq: sks water management must be provided fotlxls deveopmen.S the Owner, regarding stormwatO management; are addressed - Agreement"`_��� T 7.W The applicant must provide Surety that guarantees thatthe aftgrcompieLdnoftheoccavati=orracti`ityt a i;and o reuse of iili th the site m a in co[npaib gwe e a _ - a if e � as. eW3iFi ffi�9pi 0„ rF-. 'fg� 34 a��yiu W8 w $ �J cs°eil rz�UJ �i€aii§ea$9 a NIMBI! Q'ii 4W fig$$3 3 9CpQS�millZZ a �WY �5�� st �9$9rodii�di�i 1 ` W � • 1 ' 1 L � 1 � wi � ! A LQ SIA as I � _' _T3 i / //�GL - /� i ,, • / S S ` I I X I 1 I 1 / ,:i'11,+ � f /•/ �o roe � / a 'Y 111jj1 � Il gBi 1, / li'll z ,r/ a om p.jrlil! if 'S •�\M t4•�"' ��`' _ -_ _ -� �;tp/ •,^tee fiir� }::ty ~'�.� .\.' jlillf / : ., `•: ?.S'� ;`+' �= %.5.''J;. — � � ` _ �% till I ;1 � l " Page 1 of i Garness Jennifer From: Baker, Mark (mbaker@ci.rochester.mn.us] Sent: Monday, September 25, 2006 3:45 PM To: Planning Referrals; hartford.john@co.olmsted.mn.us; Mark Welch Subject: REVISED: GDP#253 & REVISED PP#06-20 (Pinewood Summit) John - Public Works has no new comments regarding the revised Preliminary Plat for Pinewood Summit First. Regarding the Revised GDP for Pinewood Summit, Richard has noted that a Pedestrian Easement should be provided along the entire frontage of TH 52 to accommodate a Pedestrian Bike Path. PW has no other new comments regarding the revised GDP. Mark E. Baker Land Development Specialist Rochester Public Works (507)287-2114 Rochester -Olmsted Planning Department CIS/Addressing Division 2122 Campus Drive SE, Suite 100 Rochester, MN 55904-4744 GENERAL DEVELOPMENT PLAN REFERRAL RESPONSE DATE: September 19, 2006 TO: Jennifer Garness; Stephanie Foster FROM: Randy Growden GIS/Addressing Staff Rochester -Olmsted County Planning Department CC: G.G.G. INC. RE: PINEWOOD SUMMIT GENERAL DEVELOPMENT PLAN #253 AMENDED 09/19/06 Phone: (507) 285-8232 Fax: (507)287-2275 A review of the GDP has turned up the following ROADWAY or ADDRESS related issues: NOTE: There are four existing addresses in or near the North West corner of this GDP that will need to be changed and paid by the developer at the time of Final Plat recording. All four would need to be readdressed because of changes in driveway access to the new roadway configuration. ROCHESTER-OLMSTED PLANNING DEPA.cTMENT 2122 Campus Drive SE, Suite 100 " Rochester, MN 55904-4744 C",,,,T, OF www.olmstedcounty.com/planning TO: City Planning and Zoning Commission FROM: John Harford, Senior Planner DATE: September 6, 2005 �nrt ii�� I�su■x■Ov■���., ■iy-SEN", RE: Amendment to General Development Plan #253 by Joel Bigelow & Sons Enterprises Inc. The applicant is proposing to amend the GDP to modify the road and lot layout. The property is located north of TH 52, south of Pinewood Road, in the vicinity of 25`h and 26`h Ave., SE. Planning Department Review: Applicant: Joel Bigelow & Sons Enterprises., Inc. 3428 Lakeridge Place Rochester, MN 55901 Property Owner: By Us, LLC. 1335 Wildflower Lane Chaska, MN 55318 Consultant: GGG Inc. 14070 Hwy 52 SE Chatfield, MN 55923 Location of Property: The property is located north of Highway 52, south of 261h Street SE, east of the Quinstar development and connects into the Pinewood Ridge development. Requested Action: The applicant is proposing to develop approximately 50.79 acres with a single family residential development with City services. The applicant intends to develop 99 lots on 34.19 acres, 12 lots on 8.64 acres (the location of the existing dwelling), and an area of 7.9 acres identified as "Low Density Residential" and labeled as Outlot "D". Phase I will consist of a connection to Stacey St.. Existing Land Use: An existing single family home is located on the property right now, which would remain if and when the property is developed. Zoning: The 8.70 acre tract of land is currently zoned R-1 on the City of Rochester Zoning Map. This is not annexed however it is within the Orderly Annexation Agreement for Marion Township. The 42.09 acre tract of land is not within the Orderly Annexation Agreement area for Marion Township and is zoned A-4 (Agricultural -Urban Expansion District) on the Olmsted County Zoning Map and is BUILDING CODE 5071285-8345 - GISiADDRESSING/MAPPING 507/285-8232 • HOUSINWHRA 507/285-8224 PLANNINGIZONING 507/285-8232 • WELL/SEPTIC 507/285-8345 FAX 507/287-2275 AN EOUAL OPPORTUNITY(AFFIRMATIVE ACTION EMPLOYER Page 2 General Development Plan #253 September 6, 2006 shown as Urban Service Area on the Land Use Plan map The property will need to be annexed prior to any development taking place on the property. Sidewalks: Pedestrian facilities will be required on both sides of all new public roadways within the development. A number of mid -block pedestrian connections are needed within the development. The applicant is providing two mid block sidewalks at the southern end of the property. The applicant also proposes a 10' pathway around the proposed stormwater treatment area in the southwestern portion of the property, with a possible connection to the Quinstar property and proposed parkland to the west. A mid -block connection to the north will be needed along the east -west road. Drainage: The property generally drains to the north and west. Proposed stormwater facilities are indicated on the GDP in the southwest and northwest portions of the development. Specific obligation of the Owner, regarding stormwater management, will be addressed in the Development Agreement, and the entire Property may be subject to a Storm Water Management Area Charge. Any private facilities will require the execution of an Ownership & Maintenance Agreement. Detailed grading and drainage plans will also be required when the property is platted or developed. The proposed on -site facilities indicated on the GDP are only considered conceptual until a grading and drainage plan has been reviewed and a determination made by the City that the proposed location and design are appropriate/adequate and a determination is made on ownership and maintenance. Transportation The applicant is proposing access to the development from Stacy Access: Street SE. Stacy Street SE is located in the Pinewood Ridge Development. A secondary means of access is proposed at the intersection of 251h Avenue SE and 28th Street SE. This will require the applicant obtaining land from the property owner to north to allow a roadway connection. The Pinewood Ridge Development has 101 lots platted for residential development plus an unspecified number to be located in Outlot "D". As with the previous GDP, only 41 lots, a total of 120 lots being served by one access, Pinewood Ridge Dr., SE, would be allowed to be platted in this development prior to a secondary access constructed to serve the development. Once there is a total of 120 lots being served by the one access to Pinewood Road from the Pinewood Ridge Development, this proposed development would need to stop until a secondary access is provided. (NOTE: There are already 79 lots platted and that have access on only Pinewood Ridge Dr., SE) The roadways (2! th & 261h Ave. and 28 St. SE) for the existing neighborhood (Dornack Subdivision) were recently reconstructed 5 years ago when the City extended sewer and water to the area. The roadways don't have paved shoulders or sidewalks, however the roadways capacity is adequate for the projected traffic from the Pinewood Summit Development. It is projected that the Pinewood i Page 3 General Development Plan #253 September 6, 2006 Summit Development will generate approximately 1010 trips per day (plus a number from the unspecified development in Outlot "D"). Sixty percent is likely to use 25" Avenue SE while the remaining 40% would use the access out of Pinewood Ridge Development. It is estimated that the existing homes along 251° Ave. SE generates 290 trips. Added to the 60% of the trips estimated from the Pinewood Ridge Development, 25'" Avenue SE has adequate capacity for the projected traffic. Pinewood Road is classified as a collector on the Thoroughfare Plan. The projected daily traffic in 2020 is estimated to be approximately 3000 trips. According the City of Rochester Capital Improvement Program 2005-2010, Pinewood Road is programmed to be upgraded in the year 2010. A roadway connection to the parcel of land located to north will be necessary in order to allow for full development of the site. The applicant proposes 56' and 50' wide rights -of -way. Roadways less than 32 feet in width shall be posted "No Parking" on one side of the street. Roadways less than 26 feet in width shall be posted "No Parking" on both sides of the street. The minimum diameter for the cul-de-sac must not be less than 70 feet and if less than 96 feet in diameter shall be posted "No Parking". Public Utilities: Services will need to be extended to serve this property. The property is within the southeast High Level Water System Area, which is available at the end of Stacy Street SE. Static water pressures within the area will range from 42 to 58 PSI depending on final grades. Sanitary sewer will also need to be extended to the property. The extension of these public utilities must be coordinated with the Public Works Department. All public utilities will need to be extended to the property boundaries at location and depths as determined by the Public Works Department. The water main in the cul-de-sac street must be looped. Sanitary sewer and water was just installed in 251" Avenue SE, 26"' Avenue SE and 28`" Street SE five years ago. The minimum fire flow for this residential development area shall be no less than 1,000 gpm at 20 psi. The actual required fire flow per lot will be determined by the size and construction type of the building being proposed. Wetlands: According to the Soil Survey, hydric soils do not exist on the property. The pond "C" on the Quinstar property includes wetlands that were dredged under the previous wetland rule. The stormwater system must not cause the deposition of sediment into this pond as it would constitute filling of wetland. A proposed stormwater facility may provide for additional protection of the wetland in the Quinstar development. Page 4 k lq General Development Plan #253 September 6, 2006 Parkland Dedication: The Rochester Park and Recreation Department recommends that parkland dedication for this development is estimated to be 2.5 acres. Dedication to be in the form of cash in lieu of land. Neighborhood The previous applicant held a neighborhood meeting on March 2, Meeting: 2005. The meeting was not required. Report Attachments: 1. Referral Comments 2. Copy of General Development Plan 3. Amended General Development Plan Narrative 4. Staff Suggested Findings and Recommendation: Paragraph 61.215 of the Rochester Zoning Ordinance and Land Development Manual lists the Criteria for approval of a general development plan. Criteria A. The proposed land uses are generally in accord with the adopted Comprehensive Plan and zoning map. If the general development plan is being processed concurrently with a rezoning request, the general development plan and the rezoning request must be consistent with the comprehensive plan. If the general development plan is being processed concurrently with an amendment to the land use plan map and a rezoning request, the land use plan map amendment, rezoning request and general development plan must be consistent with the policies of the comprehensive plan. if there is inconsistency between these documents, the means for reconciling the differences must be addressed. The property is designated for 'low density residential' types of land uses on Land Use Plan. Land uses within the GDP would be consistent with the `low density residential' land use designation for the property. Criteria B. The proposed development, including its lot sizes, density, access and circulation are compatible with the existing and/or permissible future use of adjacent property. This GDP proposes single family dwellings and other low density residential uses, which is consistent with the land use designation for the property. Adjacent land uses consist of single family homes and large undeveloped parcels. It is anticipated that the adjacent undeveloped parcels will be developed with low density residential uses in the future. Criteria C. The mix of housing is consistent with adopted Land Use and Housing Plans. The policies and goals found in Chapters 2 and 3 of the Rochester Urban Service Area Land Use Plan encourage developing a range of densities and development styles. This development will help to further the goals and policies of the Land Use Plan and also those found within Chapter 3 of the Housing Plan. Page 5 General Development Plan #253 September 6, 2006 Criteria D. The proposed plan makes provisions for planned capital improvements and streets reflected in the City of Rochester's current 6-Year Capital Improvement Program, adopted Thoroughfare Plan, the ROCOG Long -Range Transportation Plan, Official Maps, and any other public facilities plans adopted by the City. Street system improvements required to accommodate proposed land uses and projected background traffic are compatible with the existing uses and uses shown in the adopted Land Use Plan for the subject and adjacent properties. The development will be served by public roadways. The applicant proposes that access will be gained from the public roadways located within the Pinewood Ridge Development and the existing subdivisions along 25th Ave., and 28fb St SE. The roadways within both developments provide access to Pinewood Road SE. Pinewood Road SE is designated as an Primary Urban Collector (Upgrade) on the ROCOG Thoroughfare Plan. According to the City's 2005-2010 Capital Improvements Program this roadway is programmed for improvement In the year 2010. A secondary means of access is proposed at the intersection of 25e Avenue SE and 2e Street SE. This will require the applicant obtaining land from the property owner to north to allow a roadway connection. The Pinewood Ridge Development has 79lots platted for residential developed. Only 41 lots would be allowed to be platted in this development prior to a secondary access being constructed to serve the development. The LDIJ requires a secondary access once there are 1200 trips using a single access. Once there is a total of 120 lots being served by the one access to Pinewood Road from the Pinewood Ridge Development, this proposed development would need to stop until a secondary access is provided. The roadways (25h' & 2e Ave. and 28 St. SE) for the existing neighborhood (Dornack Subdivision) were recently reconstructed 5 years ago when the City extended sewer and water to the area. The roadways don't have paved shoulders or sidewalks, however the roadway capacity is adequate for the projected traffic from the Pinewood Summit Development. It is projected that the Pinewood Summit Development will generate approximately 1010 trips per day (plus an unspecified number from Outlot "D'). Sixty percent is likely to use 25fh Avenue SE white the remaining 40% would use the access out of Pinewood Ridge Development. It is estimated that the existing homes along 25'h A ve. SE generate 290 trips. Added to the 60% of the trips estimated from the Pinewood Ridge Development, 2e Avenue SE has adequate capacity for the projected traffic. Criteria E. On and off -site public facilities are adequate, or will be adequate if the development is phased in, to serve the properties under consideration and will provide access to adjoining land in a manner that will allow development of those adjoining lands in accord with this ordinance. Street system adequacy shall be based on the street system's ability to safely accommodate trips from existing and planned land uses on the existing and proposed street system without creating safety hazards, generating auto stacking that blocks driveways or intersections, or disrupting traffic flow on any street, as identified in the traffic impact report, if required by Section 61.523(C). Capacity from improvements in Page 6 r�t General Development Plan #253 September 6, 2006 the first 3 years of the 6-year CIP shall be included in the assessment of adequacy. The development will be served by public roadways. The applicant proposes that access will be gained from the public roadways located within the Pinewood Ridge Development. The roadways both developments provide access to Pinewood Road SE. Pinewood Road SE is designated as a Primary Urban Collector (Upgrade) on the ROCOG Transportation Plan. According to the City's 2005-2010 Capital improvements Program this roadway is programmed for improvement in the year 2010. A secondary means of access is proposed at the intersection of 2e Avenue SE and 2e Street SE. This will require the applicant obtaining land from the property owner to north to allow a roadway connection. The Pinewood Ridge Development has 79 lots platted for residential developed. Only 41 lots would be allowed to be platted in this development prior to a secondary access being constructed to serve the development. The LDM requires a secondary access once there are 1200 trips using a single access. Once there is a total of 120 lots being served by the one access to Pinewood Road from the Pinewood Ridge Development, this proposed development would need to stop until a secondary access is provided. The roadways (2e & 2e Ave. and 28 St. SE) for the existing neighborhood (Dornack Subdivision) were reconstructed 5 years ago when the City extended sewer and water to the area. The roadways don't have paved shoulders or sidewalks however the roadways capacity is adequate for the projected traffic from the Pinewood Summit Development. It is projected that the Pinewood Summit Development will generate approximately 1010 trips per day (plus an unspecified number from Outlot ' D'). Sixty percent is likely to use 25"h Avenue SE while the remaining 40% would use the access out of Pinewood Ridge Development. it is estimated that the existing homes along 2e Ave. SE generates 290 trips. Added to the 60% of the trips estimated from the Pinewood Ridge Development, 2e Avenue SE has adequate capacity for the projected traffic(Total ADT approximately 892). in the previous GDP report it was noted that the Transportation Improvement District cost allocation program will be applicable should the applicant voluntarily enter into a development agreement with the City to increase adequacy of the current public facilities. If the development obtains access to 25M Avenue SE, the Inadequacies of 25`° Ave. SE Include no paved shoulders and no pedestrian facilities. It is likely that at some point in the future 2e Avenue SE will need to be upgraded. 2. Utilities are now available to directly serve the area of the proposed land use, or that the City of Rochester is planning for the extension of utilities to serve the area of the proposed development and such utilities are in FA Page 7 General Development Plan #253 September 6, 2006 the first three years of the Citys current 6-Year Capital Improvements Program, or that other arrangements (contractual, development agreement, performance bond, etc.) have been made to ensure that adequate utilities will be available concurrently with development. If needed utilities will not be available concurrent with the proposed development, the applicant for the development approval shall stipulate to a condition that no development will occur and no further development permit will be issued until concurrency has been evidenced. Services will need to be extended to serve this property. The property is within the southeast Nigh Level Water System Area, which is available at the end of Stacy Street SE. Static water pressures within the area will range from 42 to 58 PSi depending on final grades. Sanitary sewer will also need to be extended to the property. The extension of these public utilities must be coordinated with the Public Works Department. All public utilities will need to be extended to the property boundaries at location and depths as determined by the Public Works Department. Sanitary sewer and water was lust installed in 25' A venue SE, 26t8 Avenue SE and 2e Street SE five years ago. The minimum fire flow for this residential development area shall be no less than 1,000 gpm at 20 psl. The actual required fire flow per lot will be determined by the size and construction type of the building being proposed. 3. The adequacy of other public facilities shall be based on the level of service standards in Section 64.130 and the proposed phasing plan for development. Pedestrian facilities will be required on both sides of all new public roadways within the development. A mid -block pedestrian connection is needed along the east -west road within the development. Two mid -block connections are proposed in Outlots A and B. A path connection to the proposed parkland in the Quinstar Development is proposed in this GDP. The property generally drains to the north and west. Proposed stormwater treatment areas are indicated on the GDP. Specific obligation of the Owner, regarding stormwater management, will be addressed in the Development Agreement, and the entire Property may be subject to a Storm Water Management Area Charge. Any private facilities will require the execution of an Ownership & Maintenance Agreement. Detailed grading and drainage plans will also be required when the property is platted or developed. The proposed on -site facilities indicated on the GDP are only considered conceptual until a grading and drainage plan has been reviewed and a determination made by the City that the proposed location and design are Page 6 General Development Plan #253 September 6, 2006 appropriate/adequate and a determination is made on ownership and maintenance. Criteria F. The drainage, erosion, and construction in the area can be handled through normal engineering and construction practices, or that, at the time of land subdivision, a more detailed investigation of these matters will be provided to solve unusual problems that have been identified. The property generally drains to the north and west. Proposed stormwater treatment areas are indicated on the GDP. Specific obligation of the Owner, regarding stormwater management, will be addressed in the Development Agreement, and the entire Property may be subject to a Storm Water Management Area Charge. Any private facilities will require the execution of an Ownership & Maintenance Agreement. Detailed grading and drainage plans will also be required when the property is platted or developed. The proposed on -site facilities indicated on the GDP are only considered conceptual until a grading and drainage plan has been reviewed and a determination made by the City that the proposed location and design are appropriate/adequate and a determination is made on ownership and maintenance. Criteria G. Areas in DEOZ will be managed in such a way as to maintain the quality and quantity of groundwater recharging lower aquifers and to protect discharge, interflow, and infiltration, and recharge processes taking place. According to the Bedrock Geology Map from the Geologic Atlas of Olmsted County the Decorah Shale is not the first encountered bedrock. The area is underlain by the Cummingsville formation, a limestone layer immediately above the Decorah Shale. (Note: The ordinance does not yet apply, however, the site is located within 1000' of an Edge Support Area and would limit land alteration to the "minimum amount necessary...') Criteria H. The lot, block, and street layout for all development and the lot density for residential development are consistent with the subdivision design standards contained in Section 64.100 and compatible with existing and planned development of adjacent parcels. The street layout and overall density appear to be generally consistent with the land use proposed for this property. Circulation patterns and roadways proposed on the GDP provide access to abutting properties. tot configuration and roadway design will be reviewed in more detail at the time of platting Summary & Recommendation: Based on the above criteria, staff would recommend that the following conditions should be imposed in order to assure compliance with the Rochester Zoning Ordinance and Land Development Manual: 1. The GDP shall be revised, prior to the City Council meeting, providing the mid - block pedestrian connection as required by the Land Development Manual. The Page 9 �( General Development Plan #253 September 6, 2006 access must be provided to the parcel of land located to the north from the east - west street (Stacey Street). 2. There are inadequate on and off site public facilities, specifically Sanitary Sewer, Water, Public Roadways, Storm Water Management Facilities, and Pedestrian Facilities, to accommodate the development of this Property. Since this development is proposed to be phased -in, it must be done in a manner consistent with the City's existing and planned infrastructure improvements and, as required by city ordinances, pursuant to an executed development agreement. If the development proposal is modified such that the development is not phased, no development will be allowed to occur until the City Council has determined that public facilities are adequate for said development. Alternatively, the developer may request to join with the City in making these inadequate public facilities adequate for this development, and may enter into a development agreement, prior to Final Plat submittal, that outlines the developer's and City's obligations related, but not limited to: Ownership. Maintenance & Access to Outlets and private Open Space ( including the proposed lift station), stormwater management (including any obligations for off -site facilities), transportation improvements, pedestrian facilities (including the construction & maintenance of the proposed path abutting the stormwater facility), right-of-way dedication, contributions for public Infrastructure, and the extension of public facilities to abutting properties where applicable. 3. Grading and Drainage Plan approval is required prior to Final Plat submittal. Detailed grading and drainage plans will also be required when the property is platted or developed. The proposed on -site facilities indicated on the GDP are only considered conceptual until a grading and drainage plan has been reviewed and a determination made by the City that the proposed location and design are appropriateladequate and a determination is made on ownership and maintenance. 4. At the time of platting, controlled access shall be dedicated along the entire frontage of TH 52. 5. Pedestrian facilities (concrete sidewalk) will be required along both sides of all new public roads within this property. The Owner shall construct all required mid -block pedestrian connections, and dedicate said connections to the City as separate Outlets. 6. The public parkland dedication requirement for this development is approximately 2.5 acres. The dedication shall be in the from of cash in lieu of land. 7. Development of this property is limited to 41 single family lots prior to construction of a secondary access to serve this development. Development of the remainder of the property, beyond 41 lots, is contingent upon the developer obtaining the secondary access. i_'LCr_i 4 Ei: GGG Inc. I I Av, 1 Z 2M) Engineering Surveying & Plannin �o�-,E� =R. ANNING DE. 14070 Hwy 52 SE Chatfield, MN 55923 Phone: 507-867-1666 Fax: 507-867-1665 Rochester/Olmsted Planning & Zoning 2122 Campus Dr. SE Rochester, MN 55904 Re: Written Summary Addressing the Amended General Development Plan for Pinewood Summit Dear Planning & Zoning Department: We are representing the developers of property to be known as Pinewood Summit. Below is a summary of the topographic, drainage, and utility conditions for this site. a) The soils in this development are all well drained ]dams with bedrock relatively close to the surface. None of the soils are unique to development and erosion and stability of roadways and building pads can be achieved with common engineering practices. Attached is a soils map and the names of the soils types found on the property. Due to the shallow depth to bedrock, grading will be minimized although utilities will still need to be blasted or hammered. Sidehill seeps are present on the property west of this project. A wetland delineation underway. Any wetlands encountered will be avoided or mitigated. It is not anticipated that any wetlands will be found since the sidehill seeps in the area are near the elevation of 1100 and the lowest draw on this property is at an elevation of 1130. The bulk of the area to be developed is between the elevations of 1180 and 1200. b) Drainage and storm water treatment does not pose a problem for this site. Stormwater treatment ponds will be constructed that will treat the majority of post development runoff. One stormwater pond is already in place and was constructed as part of the Pinewood Ridge development. Two other private ponds are proposed to treat the runoff prior to it leaving the property. Those areas that may not flow to these ponds are minimal and are not concentrated flows. c) There are no off -site areas that appear to be potential off -site drainage problems. It should be noted that the ponds west of this project on the Quinstar property were not sized for developed conditions. While they will aid in detaining and treating the stormwater from this project, another stormwater treatment structure will be needed to detain the runoff to predevelopment standards. d) Utilities to serve this site are relatively close. Sanitary sewer and water were extended to the site from the Pinewood Ridge project. Both sanitary sewer and water are also available at the intersection of 25's Ave and 28"' Street SE although access across an adjacent property has not been agreed upon by the adjacent owner. A private lift station is proposed to serve the cul-de-sac in the southwest comer of the property. e) This site and adjacent properties can be protected during the grading of the lots with common erosion control methods that will ensure proper soil stabilization and re -vegetation. f) This project is planned to be graded, utilities installed, and roadways constructed in multiple phases. The first phase Hill connect to Stacy Street SE from the Pinewood Ridge project. Future phases will be dependant on construction of a secondary access that will serve this property. Sincerely, MarkR. Welch Y�°e a M Ri A�a9€ L� 0 gi 8P-N pg¢gp 5y59p��''6 Q Q 5 I/ t PI m @s e y e z w 1 \' I, --Iz\ / /! )S \ \I I \I \I \\ a swevoaa 3�ra 4Maoa f _ / A p• / /k /i ,tl /t E _ / 14 � t / / / // 'I) /^,1/I ))/Al f'• i ''� � � / r-.,/I f a // x r/ FYI// I �(lllrll r I{ 1 y 1 L /'/ /(!11 it \ I o■ / / ///! IN I I I \ 1 . ; /;/ li `�\\8i� IIti{! 1{ �o \ \•.\. ,ti �- - -"- f i 9 / / If 11 li-3�11V1\\S ' \\ \ / ' i I + IIIINot 11 lj I \\\\ WOVI Iflliflit ll� Y ROCHESTER �1 TO: Consolidated Planning Department DEPARTMENT OF PUBLIC 2122 Campus Drive SE WORKS Rochester, MN 55904 201 4' Street BE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 FROM: Mark E. Baker DATE: 9/5/06 The Department of Public Works has reviewed the application for Preliminary Plat #06-20, for the proposed Pinewood Summit First Addition. The following are Public Works comments: 1. There are inadequate on and off site public facilities, specifically Sanitary Sewer, Water, Public Roadways, and Storm Water Management Facilities to accommodate the development of this Property. Since this development is proposed to be phased - in, it must be done in a manner consistent with the City's existing and planned infrastructure improvements and, as required by city ordinances, pursuant to an executed development agreement prior to submittal of a Final Plat for the first phase of development. If the development proposal is modified such that the development is not phased, no development will be allowed to occur until the City Council has determines that public facilities are adequate for said development. Alternatively, the developer may request to join with the City in making these inadequate public facilities adequate for this development, and may enter into a development agreement, prior to Final Plat submittal, that outlines the developer's and City's obligations related, but not limited to: Ownership, Maintenance & Access to Outlots and private Open Space (including the proposed lift station), stormwater management (including any obligations for off -site facilities), transportation improvements, pedestrian facilities (including the construction & maintenance of the proposed path abutting the stormwater facility), right-of-way dedication, contributions for public infrastructure, and the extension of public utilities to abutting properties where applicable. 2. Grading & Drainage Plan approval is required prior to Final Plat submittal. 3. Execution of a City -Owner Contract, and dedication of any applicable off -site public easements is required prior to construction of any public infrastructure to serve this development. 4. Pedestrian facilities will be required along both sides of all new public streets built within this proposed development. Specific obligations will be addressed in the Development Agreement. 5. Dedication of temporary easements and construction of temporary turn-arounds is required at the westerly extent of Stacy St SE and southerly extent of 27 s Ave SE. C:\Documents and Settings\plajharf\Local SettingslTemporary Internet Files\OLK44\PP06-20 Pinewood Summit 1st Addition (2).doc ROCHESTER M411114� TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DEPARTMENT OF PUBLIC WORKS 201 4' Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 6. "No Parking" will be permitted on the west side of Pine Summit Lane SE, from Stacy St SE to, but not including the cul-de-sac. 7. Preliminary Construction Plan comments will be provided separately to the Owner's consultant. Charges/fees applicable to the development of this property will be addressed in the Development Agreement and will include but are not limited to (rates below are current through 7/31/07): Sewer Availability Charge (SAC) @ $2105.70 per developable acre :• Water Availability Charge (WAC) @ $2105.70 per developable acre Transportation Improvement District (TID) — TBD :• Storm Water Management — TBD First Seal Coat @ $0.58 per sq yd of public street surface Pedestrian Ramps — TBD, based on the approved final construction plans :• Street Signs, as determined by the City Engineer C:\Documents and Settings\plajharf\Local Settings\Temporary Internet Files\0LK44\PP06-20 Pinewood Summit 15t Addition (2).doc 01.1 The hand to reach roc.. DAVID A. KAPLER Fire Chief DATE: September 1, 2006 TO: Jennifer Garness, Planning FROM: R. Vance Swisher, Fire Marshal SUBJ: Amendment to GDP 253 and Preliminary Plat #06-20 by Joel Bigelow & Sons Enterprise Inc. 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) Joel Bigelow & Sons Enterprises Inc GGG Inc. _tp & F�rtaklcp Rochester, MIY August 22, 2006 ROCHESTER PARK AND RECREATION DEPARTMENT TO: Jennifer Gamess Planning RE: Pinewood Summit Ammendment General Development Plan 253 Parkland dedication for the proposed development is estimated to be 2.5 acres. Dedication to be in the form of cash in lieu of land. 0:1PARK DEDICATION\20061SE 2895\PINEW000 SUMMIT GDP REV.DOC 2014 STREET SE ROOM 150 ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6164 FAX 507-281-6165 DSTOTZQCI. ROCHESTER.MN. US August 29, 2006 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Amendment to General Development Plan #253 by Joel Bigelow & Sons Enterprises, Inc. known as Pinewood Summit to modify the road and lot layout. Dear Ms. Garness: Our review of the referenced general development plan is complete and our comments follow: 1. This property is within the Southeast High Level Water System Area, which is available at the end of Stacy Street SE. 2. Static water pressures within this area will range from 42 to 58 PSI depending on final grades. 3. The water main in the cul-de-sac streets must be looped and water mains must be extended to adjacent properties per our requirements. 4. We will work with the applicant's engineering firm to develop the necessary water system layout to serve this area. Please contact us at 507-280-1500 if you have questions. Very truly yours, 06--AA (..0. Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Gale Mount, Building & Safety Joel Bigelow & Sons Enterprises, Inc. GGG, Inc. Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 MEETING i REQUEST FOR COUNCIL ACTION DATE: 10-2-06 AGENDA SECTION: ORIGINATING DEPT: I iTEMNO. . PUBLIC HE �R1NGS PLANNING ,RIPTION: Preliminary Plat #D6-20 by Joel Bigelow and Sons Enterprises, Inc. to PREPARED BY: be known as Pinewood Summit First Addition. The Plat proposes to subdivide John Harford, approximately 14.19 acres into 41 lots for low density residential development M ncr and 2 outlots. The property is located north of TH 52, south of Pinewood Road, in the vicinity of 25` and 26'h Ave., SE and west of Pine Ridge Drive SE. September 25, 2006 1mv 6DP /ten g �.�tv rya ti ouu �................... a public heanng on September 13, 2006 to consider this preliminary plat. The City Planning and Zoning Commissio! eV Mr. Geoff Griffin from GGG Engineering addressed the Commission. He reviewed the plat and the reason for platting at this time. He stated that the applicant is in agreement with the staff -recommended conditions. The Planning Commission found that this preliminary plat conforms to the criteria listed in the Land Development Manual and recommends approval of this preliminary plat with the following modifications or conditions: Ms. Weisner moved to recommend approval of the Preliminary Plat #06-20 by Joel Bigelow and Sons to be known as Pinewood Summit 1 st with the staff -recommended findings and conditions, adding a condition Number 1 that the plans be revised to show the 10 lots in an outlot prior to submittal for the City Council hearing. Mr. McGuine seconded the motion. The motion carried 6-0. I^ `'i. In order to comply with Section 64.127(10) the applicant will need to choose one of two options prior to or at the time of final plat submittal a)the plans be revised to show the 10 lots in an outlot prior to submittal for the City Council hearing, b) apply for and receive approval of a Design Modification. 2. The Final Plat shall include: a. Drainage and utility easements as determined necessary through final construction and grading plan review or as determined in the development agreement. 3. The roadway name for the cul-de-sac must be modified as stated in the August 22, 2006 letter from the G!S/Addressing staff prior to submitting a Final Plat. 4. The applicant is required to dedicate temporary easements for and construction of a temporary turn-arounds at the westerly end of Stacy St., SE and 2e Ave., SE. 5. 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 August 30, 2006. 6. Grading and Drainage Plan approval is required prior to Final Piet submittal. Storm water management must be provided for this development Specific obligations of the Owner, regarding stormwater management, are addressed in the Development Agreement. COUNCIL ACTION: Mot!Dr by: Second by: tD: Page 2 RCA September 25, 2006 7. The applicant must provide surety that guarantees that the site will be fully restored, after completion of the excavation activity, to a safe condition, and one that permits reuse of the site in a manner compatible with the Comprehensive plan, neighborhood plans, and Land use Plan and applicable City policies. Said surety must be provided prior to commencement of grading activities on this property. 8. A 20 feet minimum utility easement must be created between lots 13 and 14, Block f for a required 8 inch water main stub -out to the adjacent property to the north to accommodate a future loop. 9. "No Parking" designation shall be required along the west side of Pine Summit Lane SE from Stacy St., SE south but not including the bulb of the cul-de-sac. Council Action Needed: The Council may approve, approve with conditions, or deny the land subdivision permit. The Council must make findings of fact based on the criteria included in the staff report. A motion to deny must include supporting reasons for a conclusion that at least one of the sixteen findings for denial in Paragraph 61.225 can be made. Planning Department Recommendation: See attached staff report dated August 29, 2006. Attachment: 1. Staff Report dated August 29, 2006. 2. Minutes of the September 13, 2006 CPZC Meeting. 3. Letter from applicant dated September 14, 2006 and revised preliminary plat. 4. Referral agency comments. Distribution: 1. City Administrator 2. City Attorney 3. Planning Department File 4. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, October 2, 2006 in the Council Chambers at the Rochester / Olmsted County Government Center. �1J GGG In c. Engineering Surveying & Planning 14070 Hwy 52 SE Chatfield, NIN 55923 Phone: 507-867-1666 Fax: 507-867-1665 September 14, 2006 Rochester/Olmsted Planning & Zoning Attn: John Harford 2122 Campus Dr. SE Rochester, MN 55904 Re: Pinewood Summit Dear John, On behalf of the developer of Pinewood Summit, we are resubmitting the Amended GDP for Pinewood Summit and Preliminary Plat for Pinewood Sumrnit First Addition with the revisions discussed during the Planning and Zoning Commission meeting held on Wednesday, September 13". The changes are as follows: GDP: The mid -block connection was added to the property to the north. This was condition No. 1 of staffs "Summary and Recommendations". The total number of lots did not change. Preliminary Plat: • The mid -block connection change from the GDP was incorporated into the preliminary plat. • 10 lots were removed from this plat. The area of the 10 lots and the adjacent street will be platted as Outlot B which will be father subdivided in the future. We acknowledge that any future subdivision of the property to create additional lots will need to be accompanied with a traffic plan showing a secondary access. (Condition No.1) • The roadway name for the cul-de-sac has been changed to "Tamarack Lane SE". This was discussed with and approved by Randy Growden in the County GIS department. (Condition No.3) • The watermain requested to be stubbed to the north line of the property for future looping has been centered within the mid -block connection. Since the mid -block connection is dedicated to the city, an easement for the watermain will not be required. (Condition No.8) Please send these revised maps for reference prior the City Council meeting when the GDP and Preliminary Plat will be heard. If you have any questions or concerns, please feel free to call. Sincerely, A"6 A Mark R. Welch Fj:!�5 CEIVED CC: Joel Bigelow and Sons Enterprises LLC - (developer) P1 2006 f� r U p.. Ave pl:dge, Wr dr<rvri September 20, 2006 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: REVISED: Preliminary Plat #06-20 by Joel Bigelow and Sons Enterprises, Inc. to be known as Pinewood Summit First Addition. Dear Ms. Gamess: Our review of the referenced preliminary plat is complete and our comments follow: 1. Static water pressures will range from 41 to 54 PSI within this area. 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, 0614A P Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Bureau GGG, Inc. Joel Bigelow and Sons Enterprises, Inc. Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsim le 507-280-1542 Rochester -Olmsted Planning, .epartment GIS1Addressing Division 2122 Campus Drive SE, Suite 100 Rochester, MN 55904-4744 Phone: (507) 235-8232 Fax: (507)287.2275 \ PRELIMINARY PLAT REFERRAL RESPONSE DATE: September 19, 2006 TO: Jennifer Garness; Stephanie Foster FROM: Randy Growden GIS/Addressing Staff Rochester -Olmsted County Planning Department CC: G.G.G. Inc. RE: PINEWOOD SUMMIT FIRST ADDITION REVISED PRELIMINARY PLAT # 06-20 A review of the preliminary plat has turned up the following ADDRESS and ROADWAY related issues. 1. Upon review of PINEWOOD SUMMIT FIRST ADDITION the GIS 1 Addressing staff has found no issues to bring forth at this time. LIN r. 8; RecR�iAn ROCHESTER PARK AND RECREATION DEPARTMENT DATE: September 18, 2006 TO: Jennifer Garness Planning RE: Pinewood Summit 1st (Revised) Preliminary Plat 06-20 Acreageof plat.......................................................... 14.19 a Number of dwelling units ............................................. 41 units Densityfactor......................................................... .0244 Dedication............................................................... 1.00 a $17,000 /a Fair market value of land ............................................. The Park and Recreation Department recommends that dedication requirements be met via: Cash in lieu of land with payment due prior to recordation of the final plat. C:\Documents and Settings\plasfost\Local Settings\Temporary Internet Files\OLK1C\PINEWOOD SUMMIT.D0001 FOURTH STREET SE ROOM 150 ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6164 FAX 507-281-6165 DSTOTZ@ CI.ROCHESTER. MN.US if , 1� 5 ., GENE OE76ULL — GXPL3'D30 w� 5p19BY )01.37 16H L 0 C K 3 c^ 1 ' �• N ' It 0^ 0 � II � I IIDOR r 1 �j4 j � Z 1 6i0 M I F r 6 Li111 I r $b a 6iga-° lit � L �r • N 1 1 j1 ` I d•,.T. fy . y ab 3 2 a i yrr'u Ix+r =P g €D". Eybli $ I 6e E3Ia i'e{ wre n op 11 6 E egS E 3SY �Dag3M SxeRu�5: 33rSbl ` II � 1 'y -S o.. �+sl�v-_.gipp ,sslY I i � . • u 3a a •f \SB' 9Ms sRAA$ 3 W I.tl S� x'e .•�:. 6' _ I� b 3 ggLQ g5eag i S g�g e Rk Na ei \ ROLAESTER-OLMSTED PLANNING DEPAKTMENT \je� 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 C a U X T• OF www.olmstedcounty.com/planning TO: City Planning and Zoning Commission FROM: John Harford, Senior Planner rain����9piif�' 9 I on..� ii,7i�iii��� DATE: August 29, 2006 RE: Preliminary Plat #06-20 by Joel Bigelow and Sons Enterprises, Inc. to be known as Pinewood Summit First Addition. The Plat proposes to subdivide approximately 14.19 acres into 51 lots for low density residential development. The property is located north of TH 52, south of Pinewood Road, in the vicinity of 251h and 26th Ave., SE and west of Pine Ridge Drive SE. Planning Department Review: Applicant/Owner: Joel Bigelow and Sons Enterprises, Inc. 3428 Lakeridge Place Rochester, MN 55901 Engineer: GGG, Inc. 14070 Hwy 52 SE Chatfield, MN 55923 Report Attachments: 1. Land Development Manual Excerpts 2. Referral Comments 3. Copy of Preliminary Plat 4. Copy of GDP Develooment Review: Zoning: The area proposed for this plat has yet to be annexed. When annexed it will automatically be zoned R-1 (Mixed Single Family) district. Roadways: The plat dedicates the right-of-way for three public roadways. The first roadway, Stacy Street, SE, is the only east -west street that will connect to a future 25th Ave and the existing Pineridge Dr., SE. This right of way is proposed at 56 feet in width and will connect to the existing stub in Pinewood Ridge subdivision which is 66' wide. The roadway surface will be 33.34 feet wide. 271h Ave. is a north -south street that will connect with a future east -west street at the south end of the property and is BUILDING CODE 507I2B5-8345 • GIS/ADDRESSING/MAPPING 507/285-8232 - HOUSING/HRA 507/2135-8224 PLANNING/ZONING 5071235-8232 • WELUSEPTIC 507/285-8345 FAx 507/287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 September 7, 2006 33.34feet A cul-de-sac is proposed as a 50 feet wide right of way with a 29.34 feet roadway surface and a bulb with a 50.83 feet right of way radius and a roadway surface radius of 40.50 feet. Roadways less than 32 feet in width shall be posted "No Parking" on one side of the street. The roadway name for the cul-de-sac will need to be modified as stated in the August 22, 2006 letter from the GIS/Addressing staff. Lots and Lot Layout A majority of the lots are 70 feet in width or wider and meet the minimum lot size. As with the previous GDP, only 41 lots, a total of 120 lots being served by one access, Pinewood Ridge Dr., SE, would be allowed to be platted in this development prior to a secondary access constructed to serve the development. Once there is a total of 120 lots being served by the one access to Pinewood Road from the Pinewood Ridge Development, this proposed development would need to stop until a secondary access is provided. (NOTE: There are already 79 lots platted and that have access on only Pinewood Ridge Dr., SE). However, the applicant is proposing 51 lots that will generate on average 510 daily trips and cause the total trips on Pineridge Dr. to exceed the 1200 average daily trips. (Section 64.127(10)) Utilities: Sanitary sewer must be extended from the Pinewood Ridge 2nd subdivision to serve the development in this area. Static water pressures within the area will range from 41 to 54 PSI. The 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. A 20' minimum utility easement is required for the 8" public water main shown between Lots 13 and 14, Block 1 to allow for stub out to the property to the north. Sidewalks: Pedestrian facilities will be required throughout the development on both sides of all public roads. Drainage: The property has varied topography. The property generally drains to the west with small portions draining to the north. A pond is proposed on the southwest side of the property but not within this plat. The storm sewer is directing surface water runoff to the north into the Pinewood Ridge 2"d subdivision. Detailed grading and drainage plans will be required and must be approved prior to final plat submittal. `A' 41 V Page 3 September 7, 2006 Wetlands: The wetland administrator has indicated that this site is not an area of the city with potential wetland characteristics. Spillover Parking: Parking requirements will be reviewed with proposals for individual lot development. On street parking will address the spillover parking needs for his development. The west side of the proposed Pine Summit Lane must be designated as "No Parking". Parkland Dedication: Parkland dedication requirements should be met via a cash in lieu of parkland dedication. Payment is due prior to recording of the final plat. General Development Plan: The plat is consistent with GDP # 253 also being reviewed at this time. This plat is slightly different than the previously approved GDP approved in 2005. Staff Review and Recommendation: Section 61.225 of the Land Development Manual lists the findings, which must be considered by the Planning Commission, and the Council when reviewing a land subdivision permit application. This section is attached for your information. The Planning staff has reviewed this preliminary plat request for compliance with the Rochester Zoning Ordinance and Land Development Manual including Section 61.225 of the LDM. The staff recommends approval with the following conditions/modifications: 1. in order to comply with Section 64.127(10) the applicant will need to choose one of two options prior to or at the time of final plat submittal a) remove 10 lots from the proposed plat, b) apply for and receive approval of a Design Modification. "See below. 2. The Final Plat shall include: • Drainage and utility easements as determined necessary through final construction and grading plan review or as determined in the development agreement. 3. The roadway name for the cul-de-sac must be modified as stated in the August 22, 2006 letter from the GIS/Addressing staff prior to submitting a Final Plat. 4. The applicant Is required to dedicate temporary easements for and construction of a temporary turn-arounds at the westerly end of Stacy St., SE and 2e Ave., SE. 5. 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 August 30, 2006. 6. Grading and Drainage Plan approval is required prior to Final Plat submittal. Storm water management must be provided for this development. Specific obligations of the Owner, regarding stormwater management, are addressed in the Development Agreement. 7. The applicant must provide surety that guarantees that the site will be fully restored, after completion of the excavation activity, to a safe condition, and one that permits reuse of the i Page 4 A September 7, 2006 site in a manner compatible with the Comprehensive plan, neighborhood plans, and Land use Plan and applicable City policies. Said surety must be provided prior to commencement of grading activities on this property. 8. A 20 feet minimum utility easement must be created between lots 13 and 14, Block f for a required 8 inch water main stub -out to the adjacent property to the north to accommodate a future loop. 9. "No Parking" designation shall be required along the west side of Pine Summit Lane SE from Stacy St., SE south but not including the bulb of the cul-de-sac. `*The City Planning and Zoning Commission has the option of denying this application because it is not in compliance with Section 64.127(10) per Finding #1 of Section 61.225. 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. • The applicant must abide by the comments of the Rochester Fire Department. 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: 1) The proposed land subdivision conforms to all relevant requirements of this ordinance and variances have been granted to permit any nonconformance. 2) 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. 3) 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. 4) 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. 5) 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. 6) That the proposed land subdivision has taken into account the current 6-Year and other Long -Range Capital Improvements Programs and the elements listed therein in the design of the subdivision. 7) That the proposed subdivision, if in a residential zoning district, addresses the need for spillover parking consistent with the requirements of Section 63.426. 8) 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. r Page 5 September 7, 2006 9) That the proposed parks, trail thoroughfares and open space dedications are consistent with adopted plans, policies and regulations. 10) That the proposed subdivision will not have off -site impacts on the street, drainage, water or wastewater systems that exceed adopted standards. 11) That the proposed subdivision will not have adverse impacts on the safety or viability of permitted uses on adjacent properties. 12) 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. 13) That the soils, topography and water tables have been adequately studied to ensure that all lots are developable for their designated purposes. 14) That the proposed land subdivision is consistent with the standards of the City's adopted Comprehensive Plan. 15) That any land located within Zone A as shown on the currently adopted Flood Boundary and Floodway Maps of the Flood Insurance Study, Rochester, Minnesota, prepared by the Federal Emergency Management Agency, is determined to be suitable for its intended use and that the proposed subdivision adequately mitigates the risks of flooding, inadequate drainage, soil and rock formations with severe 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. 16) That the proposed land subdivision, if approved, would not result in a violation of federal or state law, or city or county ordinance. 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. i ROCHESTER 4 Hzltll 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 507-287-7800 FAX — 507-281-6216 FROM: Mark E. Baker DATE: 9/5/06 The Department of Public Works has reviewed the application for Preliminary Plat #06-20, for the proposed Pinewood Summit First Addition. The following are Public Works comments: There are inadequate on and off site public facilities, specifically Sanitary Sewer, Water, Public Roadways, and Storm Water Management Facilities to accommodate the development of this Property. Since this development is proposed to be phased - in, it must be done in a manner consistent with the City's existing and planned infrastructure improvements and, as required by city ordinances, pursuant to an executed development agreement prior to submittal of a Final Plat for the first phase of development. If the development proposal is modified such that the development is not phased, no development will be allowed to occur until the City Council has determines that public facilities are adequate for said development. Alternatively, the developer may request to join with the City in making these inadequate public facilities adequate for this development, and may enter into a development agreement, prior to Final Plat submittal, that outlines the developer's and City's obligations related, but not limited to: Ownership, Maintenance & Access to Outlots and private Open Space (including the proposed lift station), stormwater management (including any obligations for off -site facilities), transportation improvements, pedestrian facilities (including the construction & maintenance of the proposed path abutting the stormwater facility), right-of-way dedication, contributions for public infrastructure, and the extension of public utilities to abutting properties where applicable. 2. Grading & Drainage Plan approval is required prior to Final Plat submittal. 3. Execution of a City -Owner Contract, and dedication of any applicable off -site public easements is required prior to construction of any public infrastructure to serve this development. 4. Pedestrian facilities will be required along both sides of all new public streets built within this proposed development. Specific obligations will be addressed in the Development Agreement. 5. Dedication of temporary easements and construction of temporary turn-arounds is required at the westerly extent of Stacy St SE and southerly extent of 27th Ave SE. C:\Documents and Settings\plajharf\Local Settings\Temporary Internet Files\0LK44\PPD6-20 Pinewood Summit 1st Addition (2).doc I ROCHESTER TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DEPARTMENT OF PUBLIC WORKS 2010 Street BE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 6. "No Parking" will be permitted on the west side of Pine Summit Lane SE, from Stacy St SE to, but not including the cul-de-sac. Preliminary Construction Plan comments will be provided separately to the Owner's consultant. Charges/fees applicable to the development of this property will be addressed in the Development Agreement and will include but are not limited to (rates below are current through 7/31/07): Sewer Availability Charge (SAC) @ $2105.70 per developable acre Water Availability Charge (WAC) @ $2105.70 per developable acre :• Transportation Improvement District (TID) — TBD. Storm Water Management — TBD :• First Seal Coat @ $0.58 per sq yd of public street surface Pedestrian Ramps — TBD, based on the approved final construction plans Street Signs, as determined by the City Engineer CADocuments and Settings\plajharflLocal Settings\Temporary Internet Files10LK44\PP06-20 Pinewood Summit 1st Addition (2).doc The hand to reach for... DAVID A. KAPLER Fire Chief DATE: September 1, 2006 TO: Jennifer Garness, Planning FROM: R. Vance Swisher, Fire Marshal SUBJ: Amendment to GDP 253 and Preliminary Plat #06-20 by Joel Bigelow & Sons Enterprise Inc. With regard to the above noted project plan, the fire department has the following requirements: 1. An adequate water supply shall be provided for fire protection including hydrants properly located and installed in accordance with the specifications of the Water Division. Hydrants shall be in place prior to commencing building construction. a) The minimum fire flow for this residential development area shall be no less than 1,000 gpm at 20 psi. 2. Streets and roadways shall be as provided in accordance with the fire code, ROO 31 and the Zoning Ordinance and Land Development Manual. Emergency vehicle access roadways shall be serviceable prior to and during building construction. a) Minimum street width shall not be less than 20 feet clear drivable width. b) Streets less than 32 feet in width shall be posted "No Parking" on one side of the street. Streets less than 26 feet in width shall be posed "No Parking" on both sides of the street. c) Minimum cul-de-sac diameter shall not be less than 70 feet in diameter d) Cul-de-sacs less than 96 feet in diameter shall be posted "No Parking". 3. All street, directional and fire lane signs must be in place prior to occupancy of any buildings. 4. All buildings are required to display the proper street address number on the building front, which is plainly visible and legible from the street fronting the property. Number size must be a minimum 4" high on contrasting background when located on the building and 3" high if located on a rural mail box at the public road fronting the property. Reflective numbers are recommended. c: Donn Richardson — RPU Water (e-mail only) Mark Baker — Rochester Public Works (e-mail only) Joel Bigelow & Sons Enterprises Inc GGG Inc. Rochester -Olmsted Plar. apartment Phone: (507)285-8232 GIS/Addressing Division Fax: (507) 287-2275 2122 Campus Drive SE, Suite 100 Rochester, MN 55904-4744 PRELIMINARY PLAT REFERRAL RESPONSE DATE: August 22, 2006 TO: Jennifer Garness; Stephanie Foster FROM: Randy Growden GIS/Addressing Staff Rochester -Olmsted County Planning Department CC: G.G.G. Inc. RE: PINEWOOD SUMMIT FIRST ADDITION PRELIMINARY PLAT # 06-20 A review of the preliminary plat has turned up the following ADDRESS and ROADWAY related issues. 1. The cul-de-sac illustrated as PINE SUMMIT LANE SE has to be renamed as there are far too many roadways in Olmsted County with Pine in the name. RECOMMENDATION: Rename the roadway but keep the roadway type LANE and directional of SE. SECTION: REQUEST FOR COUNCIL ACTION ORIGINATIN( MEETING LK DATE: 10-2-06 ITEM NO. PUBLIC HEARINGS PLANNING 6-0 ITEM DESCRIPTION: Final Plat #06-23 by Bigelow Homes to be known as PREPARED BY: Harvestview Third. The Plat proposes to subdivide approximately 43.88 Theresa Fogarty, acres of land into 102 lots for single family development, and 5 outlots. Senior Planner The property is located north of 55 h Street NW, west of 50th Ave NW, and south of the Douglas Trail. September 28, 2006 Planning Department Review: See attached staff report dated September 28, 2006, recommending approval subject to the following conditions: 1. Prior to recording the final plat documents, the applicant shall pay the E911 Addressing and GIS Impact fees, as outlined in the September 19, 2006 letter from the Rochester Olmsted Planning Department GIS/Addressing division. 2. Parkland dedication for this plat shall be met via deferred land dedication with land to be dedicated located adjacent to the proposed elementary school site to be located westerly of this plat. The land is to be dedicated when the property is accessed via a public road or when the City wishes to begin development of the property per the September 20, 2006 memorandum from Rochester Park and Recreation. 3. Ownership & Maintenance of the Outlots needs to be addressed prior to recording the Final Plat through execution of ownership/maintenance documents, homeowners association other means establishing long term ownership and maintenance of privately held Out/ots. The Final Plat documents shall be revised to dedicate Controlled Access along the public road frontages of all lots with access to a public alley. No Parking will be permitted along the south side of 5e St NW & Equinox Pt NW, the east side of Harvest moon Blvd NW, the west side of Cornucopia Ave NW and both sides of Maize Ave NW. If Outlot "A" is transferred to the applicant or any other private party in the future, the Outlot must be re - platted, and the re -plat must include dedication of right-of-way for Harvest Lake Drive consistent with the General Development Plan. I I - Distribution: 1. City Administrator 2. City Clerk 3. City Attorney 4. Planning Department File 5. Applicant: This item will be considered Chambers at the Rochester / Olmsted Cot COUNCIL ACTION: Motion sometime after 7:00 p.m. ,ty Government Center. Second Monday, to: / 0 2 ` k ell � �4 /¥A Pal k b � �w - .o & d/va zz z §§� 5 11 F, . ; . \ .Is ! | � a ! | �! ! %� z R% m§ - | T. § - ! t j I 4� (! !! 3|; / \:: ,j� � & ,. •! | _\ p / I \ I-T | Q ! 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Z n i Lo 5 rx�.3 F Oingj F y rer [a 0112'a �m p¢n am Ii ON .`r. ��� NN .L337f.LS H.L9S M.Lz *4B5 � I � N� m � cn ,L3371,LS H199 n—I— c salsa 4i8 CID a - i kC re �a i z i O�9 9 8 e iG RV1 qO q aM8 of `— J r 1. c 5 „ip � 'M'N 39E7d sa sa ,?Of.L570S ! 3. 107Lno chi A C m ,x'x ,....,anrla xom.� i ® r1 8 - i W oil 6[ T I w R al i sk a . �At. �A�o •,�-d`—r—=_,.T�� ��� aR 3 SS Sib¢ S ° N .LO7,.L/Ip (? 4 ffi'ffi N UIf � LL9 u e �� pCHE5TER• RoCHESTER-OLMSTED PLANNING DEPARTMENT R ,,.---••-.... �rN4�� 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 �y:''•.,o�, cou.*. Uf www.olmstedcounty.com/planning GDRA TED.AUGllST TO: Rochester Common Council FROM: Mitzi A. Baker, Senior Planner DATE: September 28, 2006 RE: Final Plat #06-23 by Bigelow Homes to be known as Harvestview Third. The Plat proposes to subdivide approximately 43.88 acres of land into 102 lots for single familX development, and 5 outiots. The property is located north of 55t Street NW, west of 50th Ave NW, and south of the Douglas Trail. Plannina Department Review: Applicant/Owner: Bigelow Homes 3428 NW Lakeridge Place- Suite 200 Rochester, MN 55901 Surveyors/Engineers: McGhie & Betts, Inc. 1648 Third Ave SE Rochester, MN 55904 Report Attachments: 1. Referral Comments 2. Location Map 3. Copy of Final Plat Plat Data: Location of Property: The property is located north of 55t" Street NW, west of 50tb Ave NW, and south of the Douglas Trail. Zoning: The property is located within the SD-16 Harvestview II Special District. Proposed Development: The Plat proposes to subdivide approximately 43.88 acres of land into 102 lots for single family development, and 5 outlots. The Plat also dedicates new public roadways and alleys. Wetlands: A wetland related application has been approved by the City. This plat incorporates the approved wetland plan. Streets: The Plat proposes to dedicate right-of-way for several new BUILDING CODE 507/285-8345 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 5071285-8224 PLANNING,70NING 5071285-8232 • WELL/SEPTIC 5071285-8345 7l I� FAX 5071287-2275 �C-l(7 eu Fnl inl nPPnRTI INITV/AFFIRMATIVE ACTION EMPLOYER 11 Page 2 September 28, 2006 Removal of Trees/Brush: Parkland Dedication: Roadway widths were included as part of the Special District and General Development Plan for the property and reviewed in detail with this Final Plat. Access control will need to be added to the Plat and dedicated along the frontage of all public roads where lots have frontage/ access to an alley. This area has historically been cropped. According to the Consultant, they don't anticipate that there will be tree/brush removal. There is no parkland dedication required with this subdivision. A preliminary plat for this area was approved by the Council on June 5, 2006. The City Council also considered a Substantial Land Alteration Permit request which was also approved on June 5, 2006. The approval of the preliminary plat was subject to twelve (12) conditions: The conditions are listed below: 1. The Plat shall be revised as follows: a) Roadway names shall be modified as specified by the Planning Department Addressing Staff in the attached memorandum dated April25, 2006; b) All intersections shall be perpendicular, c) A mid -block pedestrian connection should be provided through Outiot 'E', between Equinox Pi NW & Solstice PI NW; d) Right of way dedication for 55h Street shall include dedication adjacent to the former Pittenger parcel, consistent with the remainder of the Plat. 2. Parkland dedication for this plat shall be met via deferred land dedication with land to be dedicated located adjacent to the proposed elementary school site to be located westerly of this plat. The land is to be dedicated when the property is accessed via a public road or when the City wishes to begin development of the property per the April 17, 2006 memorandum from Rochester Park and Recreation. 3. The grading and drainage plans and erosion and sedimentation control plans must be approved by the City prior to commencement of grading activities on this property. 4, The applicant must provide surety that guarantees that the site will be fully restored, after completion of the excavation activity, to a safe condition, and one that permits reuse of the site in a manner compatible with the Comprehensive plan, neighborhood plans, and Land use Plan and applicable City policies. Said surety must be provided prior to commencement of grading activities on this property. A separate surety will be required for the Substantial Land Alteration, unless the restoration cost for said work is included in the City -Owner Contract Bonds. 5. There are inadequate on and off site public facilities, specifically Sanitary Sewer, Water, Public Roadways, and Storm Water Management Facilities, to accommodate the development of this Property. No development will be allowed to occur until the City Council has determined that all required public facilities are adequate for said Page 3 September 28, 2006 development. Alternatively, the developer may request to join with the City in making these inadequate public facilities adequate for this development, and may enter into a development agreement, prior to Final Plat submittal, that outlines the developer's and City's obligations related, but not limited to: access locations and required controlled access, stormwater management (including any obligations for off -site facilities), transportation improvements (including any off -site improvements necessary to accommodate this development), pedestrian facilities, contributions for existing & future public infrastructure, and the extension of public utilities to abutting properties where applicable. 6. Pedestrian Facilities are required along the entire frontages of both sides of all public streets within the development as well as along the abutting periphery public roads. Specific obligations will be outlined in the Development Agreement. 7. Ownership & Maintenance of the Outlots must be addressed prior to Final Plat approval and should be outlined in the Development Agreement. 8. The City has established policies for the maintenance of public alleys. Any public alleys within this development will be maintained in a manner consistent with alley maintenance elsewhere in the City. The Owner or subsequent Neighborhood Association may decide that the City's established policy for the maintenance of public alleys does not meet the expectations or needs of the Owner or a subsequent Neighborhood Association. In such case the Owner or subsequent Neighborhood Association may notify the City Engineer that Owner or a Neighborhood Association intends to take over the maintenance of the alley at no cost and without any liability to the City. This provision will be addressed in the Development Agreement for the Property. 9. Access to individual lots lying north of 5e Street NW will be via the proposed public alleys. Access control must be dedicated along all public roads (except alleys) that abut the "compact single family" development area. Controlled Access will be required along the frontages of other public roads within the development, and will be specified prior to or concurrent with Final Plat review. 10. As noted by the Rochester Fire Department, the intersection design of Solstice Place NW, Cornucopia Ave NW, and Equinox Place NW does not appear to be designed to accommodate fire apparatus to negotiate the intersection. The intersection design must insure allowing fire apparatus to negotiate through. Prior to Final Plat submittal, the design shall be reviewed with Rochester Public Works and the Rochester Fire Department to ensure this condition is incorporated into the final design. 11. Additional water main is needed within that portion of the parallel street on either side of Outlot E, along with an additional utility easement to minimize water service lengths and provide adequate fire protection. Additional revisions to the water system layout are required, which include fire hydrant and valve placements and must be accommodated prior to approval of construction plans and Final Plat application. 12. if Outlot "A" is transferred to the applicant or any other private party in the future, the Outlot must be re -platted, and the re -plat must include dedication of right-of-way for Harvest Lake Drive consistent with the General Development Plan. Final Plat Staff Review and Recommendation: The Planning staff has reviewed this final plat request for compliance with the Rochester Zoning Ordinance and Land Development Manual. The staff recommends approval of this final plat, as submitted, with the following conditions I modifications: \�I Page 4 September 28, 2006 1. Prior to recording the final plat documents, the applicant shall pay the E911 Addressing and GIS Impact fees, as outlined in the September 19, 2006 letter from the Rochester Olmsted Planning Department GIS/Addressing division. 2. Parktand dedication for this plat shall be met via deferred land dedication with land to be dedicated located adjacent to the proposed elementary school site to be located westerly of this plat. The land is to be dedicated when the property is accessed via a public road or when the City wishes to begin development of the property per the September 20, 2006 memorandum from Rochester Park and Recreation. 3. Ownership & Maintenance of the Outiots needs to be addressed prior to recording the Final Plat through execution of ownershiplmaintenance documents, homeowners association other means establishing long term ownership and maintenance of privately held Outlots. 4. The Final Plat documents shall be revised to dedicate Controlled Access along the public road frontages of all lots with access to a public alley. 5. No Parking will be permitted along the south side of 5e St NW & Equinox PI NW, the east side of Harvest moon Blvd NW, the west side of Cornucopia Ave NW and both sides of Maize Ave NW. 6. It Outlot "A" is transferred to the applicant or any other private parry in the future, the Outlot must be re -platted, and the re -plat must include dedication of right-of- way for Harvest Lake Drive consistent with the General Development Plan. park & recreation ROCHESTER PARK AND F%a CREATION DEPARTMENT 201 FOURTH STREET SE ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: Sept 20, 2006 TO: Jennifer Gamess Planning RE: Harvestview 3 Final Plat # 06-23 Acreageof plat.......................................................... 43.88 acres Number of dwelling units ............................................. 102 units Density factor ............................ ................................ .0244 Dedication............................................................... 2.49 acres Fair market value of land ............................................. na The Park and Recreation Department recommends that dedication requirements be met via: Deferred land dedication with land to be dedicated located adjacent to proposed elementary school site to be located westerly of this plat. The land to be dedicated when the property is accessed via public street or when the City wishes to begin development of the property. 0:\Park Dedication\2006\NW 2898\HARVESTVIEW 3.DOC ROCHESTER �6 I`1;.i.a TO: Consolidated Planning Department DEPARTMENT OF PUBLIC 2122 Campus Drive SE WORKS Rochester, MN 55904 201 41" Street SE Room 108 Rochester, MN 55904-3740 507-287.7800 FAX — 507-281-6216 FROM: Mark E. Baker DATE: 9/26/06 The Department of Public Works has reviewed the application for Final Plat #06-23, for the proposed Harvestview Third development. The following are Public Works comments: 1. A Development Agreement has been executed for this Property and all development is subject to the terms of the Agreement. 2. Ownership & Maintenance of the Outlots needs to be addressed prior to recording the Final Plat. 3. Controlled Access is required along the public road frontages of all lots with access to a public alley. 4. No Parking will be permitted along the south side of 56`s St NW & Equinox PI NW, the east side of Harvest moon Blvd NW, the west side of Cornucopia Ave NW and both sides of Maize Ave NW. Charges/fees/obligations applicable to the development of this property are addressed in the Development Agreement, and / or will be in the City -Owner Contract and will include but are not limited: Sewer Availability Charge (SAC) ❖ Water Availability Charge (WAC) ❖ Transportation Improvement District Contribution ❖ Storm Water Management & Storm Water Management District ❖ Pedestrian Facilities ❖ Pedestrian Ramps •:• Street Signs :• First Seal Coat c:\Documents and Settings\plambake\Local Settings\Temporary Internet Files\0LK246\FP06-23 Harvestview ThirdAoc Rochester -Olmsted Planning department Phone: (507)285-8232 GIS/Addressing Division Fax: (507) 287-2275 2122 Campus Drive SE, Suite 100 Rochester, MN 55904-4744 FINAL PLAT REFERRAL RESPONSE DATE: September 19, 2006 TO: Jennifer Garness, Stephanie Foster FROM: Randy Growden GIS/Addressing Staff Rochester -Olmsted County Planning Department CC: Jan Chezick; Ed Kuisle; McGhie and Betts Inc. RE: HARVESTVIEW THIRD FINAL PLAT # 06-23 UPON REVIEW OF THIS PLAT THE FOLLOWING FEES ARE REQUIRED TO BE PAID BEFORE THE PLAT CAN BE ADDRESSED. E911 ADDRESSING FEE: S 8160.00 (102 LOTRADDRESSES) GIS IMPACT FEE: S 2005.00 (107 LOTS/OUTLOTS) Notes: 1. Additional E911 Addressing fees may be required upon Site Plan review. 2. Final Plats must be approved and the above fees paid before application requests for addressing can be submitted to the E911 Addressing Staff — Rochester/Olmsted A review of the final plat has turned up the following ADDRESS or ROADWAY related issues: 1. Upon review of HARVESTVIEW THIRD the GIS / Addressing staff has found no issues to bring forth at this time. WETLAND COMMENTS FOR DEVELOPMENT APPLICATIONS Application Number: Final Plat #06-23 by Bigelow Homes to be known as Harvestview Third No hydric soils exist on the site based on the Soil Survey Hydric soils exist on the site according to the Soil Survey. The property owner is responsible for identifying wetlands on the property and submitting the information as part of this application. A wetland delineation has been carried out for the property and is on file with the Planning Department. A wetland delineation is on file with the Planning Department and a No -Loss, Exemption, or Replacement Plan has been submitted to the Planning Department. ® A wetland related application has been approved by the City. This plan incorporates the approved wetland plan. No hydric soils exist on the property based on the Soil Survey. However, due to the location in the landscape, the property owner should examine the site for wetlands. The property owner is responsible for identifying wetlands. Other or Explanation: From John Harford Wetlands LGU Representative REQUEST FOR COUNCIL ACTION MEETING DATE: 10-02-0 AGENDA SECTION: ORIGINATING DEPT: ITE O. 17 PUBLIC HEARINGS PLANNING ITEM DESCRIPTION: Vacation Petition #06-12, by Bradley & Rayelle Goeden PREPARED BY: proposing to vacate a platted 10' wide utility easement along the southeasterly Theresa Fogarty, line (side lot line) of Lot 46, Block 1, Northern Heights East Sixth Subdivision. Senior September 27, 2006 Planning Department Recommendation: See attached staff report dated September 27, 2006. Upon reviewing comments received by the referral agencies stating no objections, if applicant is responsible for relocation costs of any existing utilities, staff recommends approval of this vacation petition as requested with the following recommendation: 1. All costs associated with relocation of any existing utilities shall be the responsibility of the applicant. Council Action Needed: 1. Following the hearing, if the Council wishes to proceed they shall approve or deny the vacation request. If the motion is to approve, it should instruct the City Attorney to prepare a resolution to approving vacation petition as requested. Attachments: 1. Staff Report dated September 27, 2006. Distribution: 1. City Administrator 2. City Clerk 3. City Attorney: Copy of legal description is attached 4. Applicant: This item will be considered by the Council sometime after 7:00 p.m. on Monday, October 2, 2006, in the Council/Beard Chambers at the Government Center, 151 4th Street SE. i f COUNCIL ACTION: Motion Second to: �y7T d » 0 �. 44 W Ny Ile C2 / .y �3 2 9• 1.1 �`✓ •n •� N •. �0'.0� /� �' � i ��'• �f^ , , 4 /ram �, � \✓359`42 2p -102pS5 - -- CO 334 \ \' Cq��.tip� ` .3} WWI m' / ' d Q SIT � ti Ca, A, N) r • \ / `Ny_F ? / /20((�yL/ �4`� 1'�0�w i"0�33• / / `�c�e o�� 4•j'y ' •'•`✓ \ + (tl./" KJ c •\'_'L '. . CV 8 0 •,y` 30G i /jam C` �)•:.+. n 'i'.•.. � �w/ � / .� !2p , yip �y /`fQ�.%. '`�'*,?••�, / Lam% 'v ��\���,••:•. ��_ : pL ' V 3' � , A. /�, \ , L JO jo too •'i.: is "• •, / ,::JJ �_J �r COJ Cool Cb y zz • � �.) .t •fir. � �+ ` Q2 '7 � � OOZE -- — 1• Pi• .y• Nr 1 aa0 � ' :'? r•, .�- v' �,4,� 2/b' /,,s `A ; u. � mow_ 200 ft. Notification Area of Lot 46 Block 1 Northern Heights East Sixth 1507 Northern Valley DR NE Vacation Petition #06-12 by Bradley & Rayelle Goedent PIN: 74.25.14,046039 Council Ward: 5 (Bob Nowicki) Neighborhood Assoc: None 9119/06 Olmsted Cowdy is not responsible for ommlssions or errors contained herein. If discrepancies are found within this map, please notify the GIs Division, Rochester -Olmsted County Planning Department, 2122 Campus Drive SE, Rochester, MN 55904, (507) 285-8232. `4l N 1' I Nil I ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Ddve SE, Suite 100 • Rochester, MN 55904-4744 COUNTY OF www.olmstedcounty.com/planning TO: Rochester Common Council FROM: Theresa Fogarty, Senior Planner DATE: September 27, 2006 RE: Vacation Petition #06-12, by Bradley & Rayelle Goeden proposing to vacate a platted 10' wide utility easement along the southeasterly line (side lot line) of Lot 46, Block 1, Northern Heights East Sixth Subdivision. City Council Meeting Date: October 2, 2006 Planning Department Review: Petitioner: Bradley and Rayelle Goeden 1507 Northern Valley Drive NE Rochester, MN 55906 Reason to Vacate: Applicant proposes a 12' x 32' garage addition to existing house. Referral Comments: 1. Owest Telephone Report Attachments: 1. Copy of Site 2. Location Map 3. Referral Comments (1 letter) Planning Staff Review and Recommendation: Upon reviewing comments received by the referral agencies stating no objections, if applicant is responsible for relocation costs of any existing utilities, staff recommends approval of this vacation petition as requested vacating the 10' wide utility easement along the southeasterly line (side lot IineO of Lot 46, Block 1, Northern Heights East Sixth Subdivision with the following recommendation: 1. All costs associated with relocation of any existing utilities shall be the responsibility of the applicant. BUILDING CODE 507/285-8345 • GIS/ADDRESSINGIMAPPING 507/285-8232 • HOUSING/HRA 5071285-8224 PLANNING)LONING 507/285-8232 • WELL/SEPTIC 507,1285-8345 FAX 5071287-2275 AN EQUAL OPPORTUNITYlAFFIRMATIVE ACTION EMPLOYE Message Page 1 of 2� Q� a �`S Foster Stephanie From: Kendall, Donald [Donald.Kendall@gwest.com) Sent: Wednesday, September 20, 2006 11:15 AM To: Planning Referrals Subject: FW: request for comments on Vacation Petition #06.12, by Bradley & Rayelle Goeden Attachments: REFERRAL SENT 09-19-06 VAC 06-12.pdf Qwest has cable in this easement & would not want to vacate unless they would pay for relocation costs. Don Kendall - Owest -----Original Message ----- From: Schletty, Julie Sent: Wednesday, September 20, 2006 8:09 AM To: Kendall, Donald Subject: FW: request for comments on Vacation Petition #06-12, by Bradley & Rayelle Goeden ---Original Message ----- From: Garness Jennifer[mailto:garness.jennifer@CO.OLMSTED.MN.US] Sent: Tuesday, September 19, 2006 8:46 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; gkelien@peoplesrec.com; Greg Rowley; Growden Randy; Harford John; jekappers@rochester.k12.mn.us; Imosser@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@wpsr.com; nvellik@peoplesrec.com; sara.konrad@pca.state.mn.us; tspaeth@ci.rochester.mn.us; vswisher@ci.rochester.mn.us; Whetstone Bruce; Whitaker Floyd Subject: request for comments on Vacation Petition #06-12, by Bradley & Rayelle Goeden SENT VIA EMAIL ONLY! Comments must be submitted to our office by September 26, 2006. If you would like to send your comments via email, please email them to nlanni g referrals co olmsted.mn.us. If you have any problems opening this document, please let me know. Thankyou! �iiac�ea ('arneae ?acffeulez-O�iirefed.%Eaiurirr� .l7eparfrrcersC E. Emait: Garners )ennifer@co otmsted.mn.us S Office: (507) 285-7049 This communication is the property of Qwest and may contain confidential or privileged information. Unauthorized use of this communication is strictly prohibited and may be unlawful. If you have received this communication in error, please immediately notify the sender by reply e-mail and destroy all copies MEETING VIP / SECTION: 'UBLIC HEARINGS REQUEST FOR COUNCIL ACTION PLANNING DEPT: DATE: 10-02-06 ITEM DESCRIPTION: Annexation Petition #06-06 by BY US, LLC to annex approximately PREPARED BY: 42.09 acres of land located north of TH 52, south of Pinewood Road SE, in the Theresa Fogarty, vicinity of 251h and 26th Avenue SE. Senior Planner September 27, 2006 CHV Planning and Zoning Commission Recommendation: The City Planning and Zoning Commission reviewed this annexation request on September 13, 2006, The Commission found that the property is adjacent to the City limits and services are presently available within the Southeast High Level Water System service available to this property at the NE corner. The City Planning and Zoning Commission recommended approval of this annexation request on September 13, 2006 as a Consent Agenda Item. Mr. Haeussinger made a motion to approve the consent items. Mr. McGuine seconded the motion. The motion carried unanimously. Planning Department Recommendation: See attached staff report, dated September 6, 2006. Minnesota Statutes now specify that the property taxes payable in the year an annexation is effective shall be paid to the Township. For the five years following the annexation, the City must make a cash payment to the Township equaling 90%, 70%, 50%, 30% and 10% of the Townships share of the taxes in the year the property was annexed. The Township Taxes due on this property are $299.40. Council Action Needed. f. Following the public hearing, if the Council wishes to proceed as petitioned, it should instruct the City Attorney to prepare an ordinance to be adopted and transmitted to the MN Department of Administration - Municipal Boundary Adjustments. Attachments 1. Staff report, dated September 6, 2006. 2. Copy of the minutes of the September 13, 2006 CPZC meeting. Distribution: 1. City Administrator 2. City Clerk: Filing Fee Attached 3. City Attorney: Legal Description Attached 4. City Finance Director: Tax Information Attached 5. Applicant: This item will be considered sometime after 7:00 p.m. Chambers at the Rochester / Olmsted County Government Center. on Monday, October 2, 2006, in the Council v COUNCIL ACTION: Motion by: Second by: to: i CERTIFICATE OF SURVEY DESCRIPTION: SEE ATTACHED. N 01'06'13" W 1659.38 I1W01EA9 ttBMa EAST 111i NE 1/4 .I 0/4 93: 19-106-13 I I 1 1_� 1 ,=J I VJ IL 3 EASTE Y ARCEL Din 42.09 RES ` too op I ;� m, /y 4 V) Lu 10 COto 1389.61 'y Ac � S 01'06'1 E 0 now LA w LINE o� p MONT Cv W � 1 JUL 101998 lvc I z o� ESTERLY PARCEL 4TrnateacDOrNvsvrvrayor m� R4Gheslyr,, AAlnnesoia 42.09 ACRES z NOTE aaupr y .. � ALL NONUMENIS SHOW THUS • . t ARE FOUND RON MONUMEMS i UMLM OTHERWISE NOTED. e All BEIM= ASSUMED. 61 SCALE 1' = 300' .� CnetA MF3T I!E HE I/4 � !EI 1 92 19-IOEI! 1194.08 N 01'03'25 W I Mraby certify Mal Nu survey, pbn, w repxl aee pnpanal by me or undw my direct aupenrisien and Nat I am a duly Registered Land Surveyw ,mder the Was of the Cate of Winnewla. ` Z -Z p r/ DATE `? Q REG NO. • i 1622 dssuatym : 06/19/98 - scue 1' - 300' Rift: - MW 0.. WC MR. CARLTON PENz McGhie Betts,inc. drt: 06-22-99 1333 ARTHUR LANE N.R. '^" "'+'• ROCHESTER, M2MESOTA NElttl l9•I�6-I� "Cf ND': ,o,2/7ass cadd xe 7499 55901 ,w sa nr. u e.,re. k saw m-m-ane mztau : 9K. PG. tj az n� w o N cX> O� dui U nz w = TZ a oz. Q� a; jl Olmsted County is not responsible for ommissions or errors contained herein. If discrepancies are found within this map, please notify the GIS Division, Rochester -Olmsted County Planning Department, 2122 Campus Drive SE, Rochester, MN 55904, (507) 285-8232. V FA Al/ t 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, September 13, 2D06, at 7:00 p.m. in the Council/Board Chambers of the Government Center, 151 4th Street SE, Rochester, MN. Members Present: Ms. Leslie Rivas, Vice Chair; Mr. Paul Ohly; Ms. Lisa Wiesner; Mr. Robert Haeussinger, Mr. John McGuine; and Mr. Gerald Pestka Members Absent: Mr. Jay Burke, Chair; Mr. Jesse Wallace; and Mr. Vince Barry Staff Present: Mr. Brent Svenby and Ms. Jennifer Garness Other City Staff Present: None. 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. Harford stated that MnDOT and the applicant have asked that Conditional Use Permit #04- 41 by Carol Johnson/Drywall Supply be continued to September 27, 2006. Mr. Haeussinger made a motion to approve the following consent items. Mr. McGuine seconded the motion. • August 23, 2006 minutes 0* • Annexation #06-06. by BY US, LLC • Rural/Urban Service District The motion carried unanimously. Mr. Haeussinger made a motion to continue Type III, Phase III Amendment to Conditional Use Permit #04-41 by Carl Johnson/Drywall Supply to September 27, 2006. Mr. McGuine seconded the motion. • Type 111, Phase III Amendment to Conditional Use Permit #04-41 by Carl Johnson/Drywall Supply The motion carried unanimously. PUBLIC HEARINGS: ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 > Rochester, MN 55904.4744 COUNTY Of www.olmstedcounty.comlplanning TO: City Planning and Zoning Commission FROM: Theresa Fogarty, Senior Planner 'yriii+4��in0�� �Ifcnri\�h�a*;� DATE: September 6, 2006 RE: Annexation Petition #06-06 by BY US, LLC to annex approximately 42.09 acres of land located north of TH 52, south of Pinewood Road SE, in the vicinity of 25th and 26th Avenue SE. CP&ZC Meeting Date: September 13, 2006 Planninq Department Review: Applicants/Owners: BY US, LLC 1335 Wildflower Lane Chaska, MN 55318 Existing Land Use: This property is currently vacant land. Existing Zoning: The property is zoned A-4 (Agricultural Urban Expansion) District on the Olmsted County 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: The property is designated for "low density residential' uses on the Rochester Urban Service Area Land Use Plan. Adjacency to the Municipal The property is adjacent to the city limits along its northern Limits: and eastern boundaries. Sewer & Water: The Southeast High Level Water System service is available to this property at the NE corner. Utilities: Pursuant to Minnesota Statutes 414.033 (subd. 13), a municipality must notify a petitioner that the cost of electric utility service may change if the land is annexed to the municipality. A notice has been provided to the applicant. Townboard Review: Minnesota State Statutes require that the Townboard members receive a written notice, by certified mail, 30 days prior to the public hearing. The City Council will hold a public hearing on this item on October 2, 2006. The City Clerk has sent the certified 30 day notice. BUILDING CODE 507/285-8345 • GIS/ADDRESSING/MAPPING 507/2B5-8232 • HOUSING/HRA 507/285-8224 PLANNING/ZONING 507/285-8232 • WELVSEPTIC 5071285-8345 FAX 5071287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 Annexation #06-06 BY US LLC September 6, 2006 Referral Comments: Report Attachments: Staff Recommendation: 1. Rochester Public Utilities — Water Division 1. Annexation Map 2. Location Map 3. Referral Comments (1 letter) This property is adjacent to the City limits and services are presently available within the Southeast High Level Water System service available to this property at the NE corner. The Planning staff recommends that the City proceed to adopt an ordinance annexing the property according to Minnesota Statutes 414.033, Subdivision 2 (3). rpu V? WC QeCll'P/ August 29, 2006 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Annexation by Ordinance Petition 906-06 by BY US, LLC to annex 42.09 acres of land located north of TH 52, south of Pinewood Rd. SE and 25t' and 26t' Ave. SE. Dear Ms. Garness: Our review of the referenced petition is complete and our comments follow: The property may be subject to the water availability fee, connection fees or assessments. The Land Development Manager (507-281-6198) at the Public Works Department determines the applicability of these fees. 2. Southeast High Level Water System service is available to this property at the NE corner. 3. We will work with the applicant's engineering firm to develop the necessary water system layout to serve this area. Please contact us at 507-280-1500 if you have questions. Very truly yours,R� Q6-JA Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention BY US, LLC Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 REQUEST FOR COUNCIL ACTION REPORTS AND RECOMMENDATIONS I CITY CLERK ITEM DESCRIPTION: TION MEETING [11 / DATE: 10/02/06 Bethany Gerber The following SOUND AMPLIFICATION REQUESTS are submitted for the Council's approvals or disapprovals. All are pending departmental approvals, the required insurance, bonds, fees and all outstanding debts with the City of Rochester. WAIVE THE MAXIMUM ALLOWABLE SOUND PRESSURE TILL 10:30 PM Gay and Lesbian Community Day 1500 Ist Avenue NE Rochester, MN 55906 Peace Plaza 10/11/06 4:30 PM to 6:00 PM Mayo High School 1420 11t' Avenue SE Rochester, MN 55904 Homecoming Parade 10/06/06 4:00 PM to 5:00 PM COUNCIL ACTION REQUESTED: A motion to approve the sound amplification permits as presented. COUNCIL ACTION: Motion by: second by: to: ADDITIONAL INFORMATION FOR ITEM F-1 OCTOBER 2, 2006 AGENDA Mayor & Council Zevan Kvenvold y%ary Neumann Terry Spaeth Terry Adkins Richard Freese APPLICATION # 3 d D %vim PERMIT # . _ COUNCIL DATE. D a D DATE RECEIVED 1 1 RECEIPT NUMBER $ G AMOUNT PAID APPLICATION FOR SOUND AMPLIFICATIONPERMIT DATE OF APPLICATION r ® �OT 1��oe--' 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 APPLICANTIRESPONSIBLE PARTY: JRrxwT (FAT) GT (hffDDLE) (LAST) HOME ADDRESS: -�-2x� Z&W«G SC�J DATE OF BIRTH: c� HOME TELEPHONE NUM[BER:,- CELL PHONE NUMBER NAME OF ORGANIZA ADDRESS: TELEPHONE NUMBER: CONTACT PERSON INFORMATION CONTACT PERSON DURING EVENT: HOME ADDRESS: !� O d DATE OF BIRTH: TELEPHONE NUMBER PURPOSE OF EVENT: CELL PHONE NUMBER EVENT INFORMATION d ., DATE(S) OF EVENT: 4:2 �/�a6 DAY(S) OF WEEK: �c LD din '✓� i LOCATION OF SPECIAL EVENT: gar� i c f1 4 a DESCRIPTION OF ENTERTAINMENT TO BE PROVIDED: --v /ll I ctc- — MAXIMUM NUMBER OF PEOPLE WHO WILL BE PERMITTED ��// TO BE IN ATTENDANCE ON ANY PARTICULAR DAY IZ6 HOW WILL ATTENDANCE BE LMTED TO THE NUMBER OF PEOPLE INDICATED y4s-- //,-, c CRC( Cc �)c7�T �tic�J� � v � c 4,--3c,7- -` -e '�-aPs cd START TIME: END TIME: Zv - cc 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 DIRCTTON 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. (Else Additional Sheet IfNecessary)) 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 THEEVENT. (Use Additional SheetlfNecessary) VO4_Ccme L.Drt-c c .ices: �N®u��I f 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. 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 ADMIMSTRATION USE ONLY PARK DEPARTMENT: COMMENTS.- SIGNATURE) ( POLICE DEPARTMENT.• COMMENTS: FIRE DEPARTMENT: COMMENTS: PLANNING DEPARTMENT. - COMMENTS: (SIGNATURE) TURF) CITY CLER%APPROYAL: DATE: APPLICATION # 3 a $ PERMIT # . COUNCIL DATE: !V DATE RECEIVED -! 115 I ND RECEIPT NUMBER AMOUNT PAID f} j) ai i s (; , APPLICATION FOR SOUND AMPLIFICATIONPERMIT DATE OF APPLICATION: 9 f f 5� O G APPLICATION TO BE SUBMITTED AT LEAST 30 DAYS IN ADVANCE OF EVENT TO: CITY CLERK'S OFFICE, 201 4TB ST. SE, ROCBESTER, MN. 55904 APPLICANT INFORMATION NAME OF APPLICANTIRESPONSIBLE PARTY: J HOME ADDRESS: 14 fi DATE OF BIRTH: l 1 I c^ 6 HOME TELEPHONE NUMBER 2-02 — 22 S NAME OF ORGANIZATION: ADDRESS: ' q ,© TELEPHONE NUMBER: Z 96S- (?7 S CONTACT PERSON DURING EVENT: HOME ADDRESS: DATE OF BIRTH: (LAST) .5�p-..1411 CELL PHONE NUMBER _ t. Sc Lo o�! CONTACT PERSON INFORMATION (FAT) (MIDDLE) TELEPHONE NUMBER CELL PHONE NUMBER: c PURPOSE OF EVENT: DATE(S) OF EVENT:( DAYS) OF WEEK: LOCATION OF SPECIAL EVENT(: l f �t ti'jr P } 6 �= J f- S e, TO If µ /ib.e- S t ortt,,, I f6 ! z ENTERTAINMENT TO BE PROVIDED: F- IU L''r J s O i'� /1"17. MAXIMUM NUMBER OF PEOPLE WHO WILL BE PERMITTED �� �y TO BE IN ATTENDANCE ON ANY PARTICULAR DAY HOW WILL ATTENDANCE BE LIMITED TO THE NUMBER OF PEOPLE INDICATED START TIME: 7' 00 END TIME: ' i2� filti 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)) 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. APPLLIICANT REQUESTS THE COUNCIL TO IMPOSE THE FOLLOWING SOUND LIMITATION (Check One) L 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 impose�upothe permit that might be granted in response to his application. I 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 ADMIMSTRATION USE ONLY PAR%DEPARTMENT: COMMENTS: ro (SIGNATURE) POLICE DEPARTMENT: COMMENTS: FIRE DEPARTMENT.' COMMENTS: (SIGNATURE) PLANNING DEPARTMENT: COMMENTS: CITY CLER%APPROVAL: DATE: Y RIGHTS OF SUBJECTS OF GOVERNMENT DATA "TENNESSEN WARNING" In accordance with the Minnesota Government Data Practices .Act, the City of rochester is required to inform you of your rights as they pertain to the information collected about you. Public information is that information which is available to the general public; Private information is that information which is available to you, not to the public: and confidential information is that information which is not available to you or the public. The information we collect from you is either public or private. The separation of that information is as follows: PUBLIC - NAME AND ADDRESS OF APPLICANT(S) PRIVATE -ALL OTHER INFORMATION COLLECTED AT THE TIME OF APPLICATION; ALL INFORMATION BECOMES PUBLIC AFTER APPROVAL OF THE APPLICATION The information collected and required from you is to determine your eligibilityfor a City of Rochester regulatory license. If you do not supply the required information, the City of rochester will not be able to determine your eligilibility. The dissemination and use of the private data we collect is limited to that necessary for the administration and management of regulatory licenses. Persons or agencies with whom this information may be shared include: CITY AND COUNTYPERSONNEL INVOLVED I7V DETERMINING YOUR ELIGIBILITY, CITY COUNCIL MEMBERS TO APPROVE THE APPLICATION, CONTRACTED PUBLIC AUDITORS AND THOSE INDIVIDUALS TO WHOM YOU GIVE YOUR EXPRESS WRITTEN PERMISSION. _Unless otherwise authorized by state statute or federal law, other government agencies utilizing the reported private data must also treat the information private. You may wish to exercise your rights as contained in the Minnesota Government Data Practices Act. These rights include: . THE RIGHT TO SEE AND OBTAIN COPIES OF THE DATA MAINTAINED ON YOU. THE RIGHT TO BE TOLD THE CONTENTS AND MEANING OF THE DATA. THE RIGHT TO CONTEST THE ACCURACY AND COMPLETENESS OF THE DATA. To exercise these rights, contact the City Clerk's Office, Room135, City Hall, Rochester, Mn. 55904 I HAVE READ AND MY RIGHTS AS A S (Signature Copy - city Clerk's Office VD THE ABOVE INFORMATION REGARDING GOVERNMENT DATA. rr u ect) (Da ) Buff Copy - Applicant REQUEST FOR COUNCIL ACTION BENDA SECTION: :SOLUTIONS AND ORDINANCES ITEM DESCRIPTION: RESOLUTIONS AND ORDINANCES G. 1 ORIGINATING DEPT: CITY ATTORNEY'S OFFICE 0 G. 2. FIRST READING OF ORDINANCES, as appropriate. MEETING t� / DATE: 10/2/06 G PREPARED BY: TERRY L. ADKINS a) An Ordinance Amending And Reenacting Section 106A.03 Of The Rochester Code Of Ordinances, Relating To Ownership Limits For Dogs, Cats And Ferrets. G. 3. SECOND READING OF ORDINANCES (for adoption). None Scheduled G. 4. MISCELLANEOUS COUNCIL ACTION: Motion by: Second by: to: