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HomeMy WebLinkAbout11/06/2006_RegularCITY OF ROCHESTER COUNCIL AGENDA COUNCIL/BOARD CHAMBERS lU O�J GOVERNMENT CENTER 151 4TH STREET SE MEETING NO. 26 REGULAR PLEDGE OF ALLEGIANCE NOVEMBER 6, 2006 7:00 P.M. PAGE 1-2 A) OPEN COMMENT PERIOD B) CALL TO ORDER C) LETTERS AND PETITIONS 3-6 1) Recognition of Rochester as a Bicycle Friendly Community 7-8 D) CONSENT AGENDAIORGANIZATIONAL BUSINESS 1) Approval of Minutes 9-12 2) Request to Purchase Pandemic Flu Supplies 13-16 3) Request to Reallocate CIP Funds/Rochester Civic Theatre 17-22 4) RCTC Sports Field and Inflatable Dome Project —Agreements 23-24 5) Housing Code Violations 224 — 224'/z 19th Avenue Southwest 25-26 6) Change Order #3 and #4 with Century Fence Company for the Perimeter Fencing Project 27-28 7) Licenses, Bonds & Miscellaneous City Activities 29-30 8) On -Sale Intoxicating Liquor and Sunday Licenses — Cuzihavto LLC dba Paradise Petes 31-32 9) On -Sale Wine License — El Carambas LLC dba El Carambas 33-34 10) Approval of Accounts Payable 35-38 11) PAC Meeting Approval—10/24/06 — Modified Pay Plan 39-42 12) Promotional Appointment — Fire Captain — Rochester Fire Department 43-46 13) Promotional Appointment — Motor Operator — Rochester Fire Department 47-48 14) Request City Council Support for Active Communities Planning and pursuit of BlueCross BlueShield Grant to amend the Comprehensive Plan and identify Ordinance Sections to be amended to integrate active living principles 49-50 15) Initiate Zoning Map Amendment from the R-1 to the MRD District for properties related to the University Center Rochester campus and zoning text amendments explicitly providing revised standards for advanced education uses and related facilities in the MRD District 51-52 16) Memorandum of Understanding between the USDOJ, Federal Bureau of Prisons, Federal Medical Center, Rochester, MN, and the City of Rochester Police Department (Use of Canine Units) 53-54 17) Contracting with Prope rtyRoom.com Inc., to provide on-line Auction Services for Disposable Property from the Evidence and Property Unit. 55-58 18) Consideration of Public Utility Board Action 59-60 19) Owner Contract — Stonehedge Townhomes 5th to Century High School Bike Trail Extension — J5258 61-62 20) Owner Contract — Public Improvements to Serve Rochester Towne Club Villas — J5250 63-64 21) Owner Contract — Public Improvements to Serve Rochester Towne Club Village — J5251 65-66 22) Supplemental Agreement for Stonehedge Development 67-68 23) Revocable Permit— Part of Lot 1, Block 1, Vision Real Estate Replat 69-70 24) Revocable Permit — Parts of Lots 1 and 8, Block 3, North Orchard Park Subdivision 71-72 25) Revocable Permit — 5193 Southern Ridge Lane SW — Retaining Wall and Concrete Driveway 73-74 26) Revocable Permit: BP Products North America, Inc., Monitoring Wells on City Property 75-76 27) Revocable Permit: BP Products North America, Inc., Monitoring Wells on City Right of Way 77-78 28) Award of Contract: Quarry Hill Ravine and Stream Stabilization Project (J6512) and Parkwood Hills Sub-Trunkline Sanitary Sewer (J7754) 79-80 29) Release of Controlled Access for Lot 5, Block 1 and Lot 1, Block 2, all in Lincolnshire North First Subdivision 81-82 30) City/County Cost Sharing Agreement — Marion Road Drainage Area J6505 83-84 31) Special Parking for 2009 National Dalmatian Club Show at Civic Center 85-86 32) Assessment Agreements — (J4609) Construction of Sidewalk at Various Locations 87-88 33) Assessment Agreements — (J7743) Reconstruction of 7th Street NW from 13th Ave NW to the Cascade Bridge 89-90 34) Assessment Agreement: (J9712) Reconstruction of 7`h Street NW from Cascade Creek Bridge #55529 to North Broadway (TH 63) 91-92 35) Supplemental Agreement #1 Project 9501 (J2574) Civic Center North Parking Lot Expansion 93-94 36) Supplemental Agreement #3 Project MO-74 (J9708) Overland Drive N.W. from 18`h Ave. to Bandel Road N.W. 95-96 37) Supplemental Agreement #4 Project MO-74 (J9708) Overland Drive N.W., from 18`h Ave. to Bandel Road N.W. 97-98 38) Supplemental Agreement #3 Project M1-50-2-04 (J7731) Bandel Road N.W., from Bandel Drive to 65th St. N.W. 99-100 39) Assessment of "Unpaid Charges". Sanitary Sewer and Watermain to Serve Crystal Springs, J9787 101-102 40) Assessment of "Unpaid Charges'. Sanitary Sewer and Watermain to Serve Kahouns, J9786 103-104 41) Assessment of "Unpaid Charges." Sanitary Sewer and Watermain to Serve Oslo Court NE, J7707 105-106 42) Assessment of "Unpaid Charges". Sanitary Sewer and Watermain to Serve Cedar Park, J9790 107-108 43) Supplemental Agreement #1 Hadley Valley Trunkline Sanitary Sewer Phase 2, J7744 109-110 44) Award of Contract: (J2261) Asbestos Abatement and Demolition of Buildings located at 1330 & 1332 71h Street NW 111-112 45) Engineering Service Agreement: (J9856), (J7226) & (J6007) Preliminary Analysis and Design Services for 415t Ave NW and Members Parkway 113-114 46) Contract Award Engine Generator No. 2 Replacement (Project J4399) 115-116 47) LCMR Calcareous Fen Grant Application 48) Orderly Annexation #06-07 by Gary Vandal. 49) Owner Contract — Public Improvements to Serve Badger Hills Third Subdivision — J5227 50) Licenses, Bonds and Miscellaneous City Activities 51) Resolution for Assessment Projects E) HEARINGS 117-118 1) Consider the Issuance of a Revenue Note by the City of Plainview, Minnesota to Finance a Project on Behalf of the YMCA of Rochester, Inc. in the City of Rochester, Minnesota 119-128 2) Consider the Evidence Relating to Disorderly Use Violations at 113 Tenth Street N.W. and Owned by Roger Engholm. 129-158 3) Continued Hearing on Land Use Plan Amendment #06-03 by Weis Development Corporation to amend the Rochester Urban Service Area Land Use Plan from medium density residential to commercial on property located between 3`d and 41h Avenue SE and between 51h and 61h Street SE. 159-170 4) Continued Hearing on Zoning District Amendment #06-06 by Weis Corporation to amend the Zoning Map from R-3 Medium Density Residential to CDC Fringe on property located between 3rd and 4'h Avenue SE and between 5'h and 6'h Street SE. 171-192 5) Continued Hearing on General Development Plan #271 and Variance #06-16 by Weis Development Corporation to be known as Village on 3`d 193- 6) Consider the Establishment of Development District No. 34, Adopt the Development District Tax Increment Financing District No. 34-1 and Adopt the Related Tax Increment Financing Plan. 7) Consider the Establishment of Development District No. 35, Adopt the Development District Tax Increment Financing District No. 35-1 and Adopt the Related Tax Increment Financing Plan. 8) General Development Plan #272 by Williams Family Partnership to be known as Williams Commercial Center/Seneca Foods 9) Preliminary Plat #06-19 by Williams Family Partnership to be known as Williams Commercial Center/Seneca Foods 10 Final Plat #06-26 to be known as Century Hills Tenth Subdivision, by Payne Company 11) Text Amendment #06-07, initiated by the Rochester City Council, to amend the Rochester Zoning Ordinance and Land Development Manual to clarify the zoning certificate issuance process, when part of a Sound Amplification Permit application. F) REPORTS AND RECOMMENDATIONS 1) Development Assistance Agreement with VOT, LP 2) Development Assistance Agreement Castleview Apartments (Salvation Army) G) RESOLUTIONS AND ORDINANCES 1) Zoning Ordinance Text Amendment #06-05 clarification H) TABLED ITEMS 1) OTHER BUSINESS J) ADJOURNMENT REQUEST FOR COUNCIL ACTION MEETING / Z DATE: 11 OPEN COMMENT PERIOD EM DESCRIPTION: OPEN COMMENT PERIOD ORIGINATING DEPT: ITEM NO. CITY ADMINISTRATOR A PREPARED BY: S.KVENVOLD This agenda section is primarily for the purpose of allowing citizens to address the City Council on a topic of their choice. The following guidelines apply: • This section of the agenda may not be used as a forum to continue discussion on an agenda item which has already been held as a public hearing. • This agenda section is limited to 15 minutes and each speaker is limited to 4 minutes. • Any speakers not having the opportunity to be heard will be first to present at the next Council meeting. • Citizens may only use this forum to address the Council on a maximum of one time per month. • Matters currently under negotiation, litigation or related to personnel will not be discussed in this forum. • Questions posed by a speaker will generally be responded to in writing. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING ,3 DATE: 11/6/06 LETTERS AND PETITIONS Administration t t EM DESCRIPTION: Rocog ition of Rochester as a Bicycle Friendly Community PREPARED BY: S. KVENVOLD Phil Wheeler will present an honorable mention designation that the City of Rochester has received as a Bicycle Friendly Community. COUNCIL ACTION: Motion by: second by: to: Rochester -Olmsted Planning Department 2122 Campus Drive SE — Suite 100 Rochester, MN 55904-4744 (507)285-8232 To: Mayor and Common Council From: Phil Wheeler, AICP, Planning Director Date: November 1, 2006 Re: Recognition of the City of Rochester as a Bicycle Friendly Community As part of the efforts related to organizing the Bicycle Pedestrian Advisory Committee (BPAC) for ROCOG, Muhammad Khan of our staff put together an application for recognition as a Bicycle Friendly Community, a designation awarded by the League of American Bicyclists as a means of supporting community efforts to promote bicycling. Mn/DOT Central Office staff, who have been impressed with our community's work in this area, encouraged ROCOG to apply. We received word this past summer that Rochester is one of eleven cities in the US that have been awarded "honorable mention" status, awarded to those "on the cusp of earning a bicycle friendly community award." We are among a very few cities that have merited this recognition; nearly all of the others are university towns or smaller parts of larger metropolitan areas. We are working with the BPAC and related city departments to address further improvements in the bicycle system to enhance bicycling in the community. As we complete these efforts, we will update our application and seek further recognition. The award represents recognition of the efforts of past Councils and a number of City departments, including City Administration, Public Works, and Parks and Recreation, all of whom have supported aspects of this effort. i.eweue ar u4en�r+elcrcusls 1612 K St- NW, Suite 900 Washington, DC 20006-2850 WF2snE ..brydetri *community.vg EFWL bikeleague®ttikeleague.org iw,� 202.822.1333 Six 202B22.1334 June 8, 2006 Muhammad Khan Transportation Planner Rochester -Olmsted Planning Department 2122 Campus Drive, SE Rochester, MN 55904-4744 Dear Muhammad Thank you again for your Bicycle Friendly Community application. While Rochester, MN did not receive a Bicycle Friendly Community award this time, the League of American Bicyclists is pleased to present you with an honorable mention. The honorable mention designation is presented only to communities on the cusp of earning a Bicycle Friendly Community award. You should be proud of this accomplishment. Enclosed is your certificate as well as an analysis of the strengths and weaknesses we saw in your application. The League will promote your honorable mention status on our website for one year. We will gladly review an updated application next year, so we urge you to make as many improvements as possible in the meantime! Once again, congratulations on your progress in creating a bicycle -friendly community. Sincerely, Bill Nesper Program Manager League of American Bicyclists MEETING / CONSENT AGENDA REQUEST FOR COUNCIL ACTION CITY ADMINISTRATOR ITEM DESCRIPTION: APPROVAL OF CONSENT AGENDA ITEMS DATE: 11/06/06 D-1-47 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) Request to Purchase Pandemic Flu Supplies 3) Request to Reallocate CIP Funds/Rochester Civic Theatre 4) RCTC Sports Field and Inflatable Dome Project —Agreements 5) Housing Code Violations 224 — 224'/2 19'h Avenue Southwest 6) Change Order #3 and #4 with Century Fence Company for the Perimeter Fencing Project 7) Licenses, Bonds & Miscellaneous City Activities 8) On -Sale Intoxicating Liquor and Sunday Licenses — Cuzihavto LLC dba Paradise Fetes 9) On -Sale Wine License — El Carambas LLC dba El Carambas 10) Approval of Accounts Payable 11) PAC Meeting Approval—10/24/06 — Modified Pay Plan 12) Promotional Appointment — Fire Captain — Rochester Fire Department 13) Promotional Appointment — Motor Operator — Rochester Fire Department 14) Request City Council Support for Active Communities Planning and pursuit of BlueCross BlueShield Grant to amend the Comprehensive Plan and identify Ordinance Sections to be amended to integrate active living principles 15) Initiate Zoning Map Amendment from the R-1 to the MRD District for properties related to the University Center Rochester campus and zoning text amendments explicitly providing revised standards for advanced education uses and related facilities in the MRD District 16) Memorandum of Understanding between the USDOJ, Federal Bureau of Prisons, Federal Medical Center, Rochester, MN, and the City of Rochester Police Department (Use of Canine Units) 17) Contracting with PropertyRoom.com Inc., to provide on-line Auction Services for Disposable Property from the Evidence and Property Unit. 18) Consideration of Public Utility Board Action 19) Owner Contract — Stonehedge Townhomes 5'h to Century High School Bike Trail Extension — J5258 -20) Owner Contract — Public Improvements to Serve Rochester Towne Club Villas — J5250 `21) Owner Contract — Public Improvements to Serve Rochester Towne Club Village — J5251 22) Supplemental Agreement for Stonehedge Development 23) Revocable Permit — Part of Lot 1, Block 1, Vision Real Estate Replat 24) Revocable Permit — Parts of Lots 1 and 8, Block 3, North Orchard Park Subdivision COUNCIL ACTION: Motion by: Second by: to: a 25) Revocable Permit — 5193 Southern Ridge Lane SW — Retaining Wall and Concrete Driveway 26) Revocable Permit: BP Products North America, Inc., Monitoring Wells on City Property 27) Revocable Permit: BP Products North America, Inc., Monitoring Wells on City Right of Way 28) Award of Contract: Quarry Hill Ravine and Stream Stabilization Project (J6512) and Parkwood Hills Sub-Trunkline Sanitary Sewer (J7754) 29) Release of Controlled Access for Lot 5, Block 1 and Lot 1, Block 2, all in Lincolnshire North First Subdivision 30) City/County Cost Sharing Agreement — Marion Road Drainage Area J6505 31) Special Parking for 2009 National Dalmatian Club Show at Civic Center 32) Assessment Agreements — (J4609) Construction of Sidewalk at Various Locations 33) Assessment Agreements — (J7743) Reconstruction of 7th Street NW from 13`h Ave NW to the Cascade Bridge 34) Assessment Agreement: (J9712) Reconstruction of 71h Street NW from Cascade Creek Bridge #55529 to North Broadway (TH 63) 35) Supplemental Agreement #1 Project 9501 (J2574) Civic Center North Parking Lot Expansion 36) Supplemental Agreement #3 Project MO-74 (J9708) Overland Drive N.W. from 18'h Ave. to Bandel Road N.W. 37) Supplemental Agreement #4 Project MO-74 (J9708) Overland Drive N.W., from 18' Ave. to Bandel Road N.W. 38) Supplemental Agreement #3 Project M1-50-2-04 (J7731) Bandel Road N.W., from Bandel Drive to 65`h St, N.W. 39) Assessment of "Unpaid Charges". Sanitary Sewer and Watermain to Serve Crystal Springs, J9787 40) Assessment of "Unpaid Charges". Sanitary Sewer and Watermain to Serve Kahouns, J9786 41) Assessment of "Unpaid Charges." Sanitary Sewer and Watermain to Serve Oslo Court NE, J7707 42) Assessment of "Unpaid Charges". Sanitary Sewer and Watermain to Serve Cedar Park, J9790 43) Supplemental Agreement #1 Hadley Valley Trunkline Sanitary Sewer Phase 2, J7744 44) Award of Contract: (J2261) Asbestos Abatement and Demolition of Buildings located at 1330 & 1332 7`h Street NW 45) Engineering Service Agreement: (J9856), (J7226) & (J6007) Preliminary Analysis and Design Services for 41 s` Ave NW and Members Parkway 46) Contract Award Engine Generator No. 2 Replacement (Project J4399) 47) LCMR Calcareous Fen Grant Application COUNCIL ACTION REQUESTED: Motion to approve consent agenda items REQUEST FOR COUNCIL ACTION MEETING, f DATE: 11/6/06 n aEN CONSENT ITEM DESCRIPTION: REQUEST TO Administration PANDEMIC FLU SUPPLIES -a S.KVENVOLD The Fire Department is requesting $30,000 to purchase supplies which would be used if a pandemic flu situation would occur (see attached). The department was requesting the $30,000 as part of their 2007 budget request. It is my recommendation that, if the Mayor/Council agreed that these supplies be purchased, the necessary funding should be appropriated from the 2006 Contingency Account. COUNCIL ACTION REQUESTED: Request a motion appropriating $30,000 from the 2006 Contingency Account to purchase supplies for aj possible pandemic flu outbreak. COUNCIL ACTION: Motlon by: send by: to: E-J Page i of 1 Kvenvold, Steve From: Kapler, David Sent: Wednesday, October 25, 2006 11:59 AM To: Kvenvold, Steve Cc: Slavin, Dan; Lovett, Rick; Felsch, Lyle Subject: Pandemic Flu supplies Attachments: pandemic budget.doc Steve, As part of the Fire Department's pandemic flu plan, we believe it is imperative that we purchase an adequate supply of consumable and disposable supplies before a pandemic situation occurs. Due to the planning of other first responder and medical service agencies, we are already experiencing backlogs on routine orders. Attached is a list of supplies we would like to order. These supplies do not have a shelf life and if not used for a pandemic situation, will eventually be used in the normal rotation of our consumable supplies. The total amount for these supplies is $29,890. Since this was not included in the Fire Department's 2006 operating budget, I am requesting a contingency transfer to cover this expense so that the purchase can be made as soon as possible this year. Thank you. Chief Kepler The Hand to reach For Kapler, David Rochester Fire Department Fire Cnief 201 4th St SE, Rm 10 Rochester, MN 55904 tel: 507 285-8072 fax: 507 280-4721 dkaplenaci.rcchester.mn.us mobile: 507 208-6033 u.dd mP m vaur address book... Want a signature like this? 10/25/2006 J 2007 Budget Request Business Unit: 42220 Person Completing this Form: 10647 Expense Code ITEM/JUSTIFICATION AMOUNT 83651 Pandemic Supplies: N95 Masks (10,000), Avagard D (17 cases), Thermometers (20), Tyvek Gowns (1000), Gloves (112 cases),Glasses (100), Surgical Masks (3650), Bio Hazard Bags (4000), Tyvek Boots (2000), Biozide Disinfectant (20 Spray Bottles and 20 gallon refill), Wypall Clean -Up Wipes (30 boxes) The above list contains the supplies needed to handle an estimated ten pandemic related calls per day for a one year period. These numbers are in addition to our normal budgeted medical supplies for normal daily o erations. $29,890 REQUEST FOR COUNCIL ACTION MEETING DATE: I I 13 CONSENT AGENDA ADMINISTRATION ITEM DESCRIPTION: Request to Reallocate CIP Funds / Rochester Civic Theatre ITEM NO. r PREPARED BY: S. KVENVOLD The Rochester Civic Theatre is requesting to reallocate $33,928 of their approved Capital Improvements appropriation to allow for the purchase and installation of a digital message sign (see attached). The balance in the Civic Theatre's CIP account is $56,895. COUNCIL ACTION REQUESTED: Request a motion approving the reallocation of the Civic Theatre's CIP funds as requested. COUNCIL ACTION: Motion by: second by. to: H Page 1 of 1 Kvenvold, Steve From: Todd Cordes [Todd@rochestercivictheatre.org] Sent: Tuesday, October 03, 2006 11:13 AM To: Kvenvold, Steve Subject: Rochester Civic Theatre Attachments: CIP Requestform_Digital Sign.doc Hello Stevan, I hope all is well for you. I am attaching a CIP change request for your consideration. This would reallocate the funds from our digital environment controls and cement/curb work to a digital message sign. Please let me know if I need to provide you with copies of the bids for this project. Thanks for your continued support! Todd Todd R. Cordes Executive Director Rochester Civic Theatre 20 Civic Center Dr. SE Rochester. MN 55904 Phone: (507) 282-8481. ext. 23 Fax: (507) 282-0608 i4,iviv. rochestw-ciriciheatre. org CITY OF ROCHESTER CAPITAL IMPROVEMENT PROGRAM REQUEST 2003-2008 Department Division Account Code Rochester Civic Theatre Park and Rec. Program Title Project Start & Completion Digital Message Sign Project Location and Description We are proposing placing a 5' x 11' digital color message sign on the west wall, the very NW comer of our facility. The sign would face the intersection of Civic Center Drive and Center St. It will be on the same side of the building as our new cabinet sign but on the lower level of the facility (the cabinet sign is on the raised fly -loft). Cost: Sign: $36,578 Permit: S560 Electrical: $3,210.00 Justification and Benefits We see two primary benefits from this sign: 1. One thing our Theatre is lacking is visibility and recognition. This sign will provide us with an exciting way to advertise current shows, make people aware of our organization (in conjunction with our new cabinet sign) and do other neat theatrical things during events such as Rochesterfest. This intersection is high -traffic and this sign will get people's attention and let them know we are here and educate them as to what is happening at the Theatre. We would take care to make sure our displays are tasteful and not overly distracting for motorists in this area. 2. We see ourselves as the north anchor for the Avenue of the Arts. We feel this sign, with it's changing displays and vivid colors, will add to the excitement of the entertainment district and will even be a tool in generating excitement -not unlike Times Square in New York. New If Revised or Continued Priority: Project J# Project ranks Revised X CIP Map # Of requested Continuation (from previous CIP) Relation to Other Projects (including timing) This will be for a reallocation of existing CIP monies. These monies were initially allocated for new digital request environmental controls (which are now being done under the Johnson Control project) and for curb/cement work along Center St. Based on anticipated street/sidewalk work, we have decided to delay or discontinue our cement work projects. Conforms to the Following Comprehensive Plans (City, County, State): Project Alternatives Environmental impact Statement Required: YES NO X REQUEST FOR COUNCIL ACTION MEETING to / DATE: 11 /6/06 CONSENT ORIGINATING DEPT: CITY ADMINISTRATOR D- ITEM DESCRIPTION: RCTC SPORTS FIELD AND INFLATABLE DOME PROJECT - PKhIJAKtu nT: AGREEMENTS I G. NEUMANN At the February 6, 2006 meeting, the Council authorized $3.61 million in sales tax funding for the RCTC Sports Field and Inflatable Dome Project. Sales tax funding for capital improvements at the UCR were authorized the by the Legislature and the voters in 1998 and 2005. At the June 21, 2006 Minnesota State Colleges and Universities Board of Trustees meeting, the Board authorized RCTC to undertake a designibuild project to construct Phase One of the Sports Field and Inflatable Dome project. It is estimated by RCTC that the City contribution of $3.61 million should enable them to complete Phase One which includes: artificial playing surface; field lighting for evening events; winter dome (bubble) with interior lights; paved and lighted parking area; minimum press box; permanent restrooms; fencing around the field and, if sufficient funds are available, initial stadium seating for 1,500. Several agreements need to be entered into to allow RCTC to commence the project. Similar agreements were entered into for the Regional Fieldhouse project. The agreements (sent separately) are as follows: 1. Escrow agreement. The City deposits the $3.61 million in an escrow account to allow RCTC to draw upon the funds as needed for design and construction. The City earns interest on the deposit. RCTC plans to commence design of the project this fall and start construction next spring. The agreement includes a clause whereby if the project does not commence by December 31, 2007, the City retains the funds and the agreement is cancelled. 2. Letter Of Understanding. This document describes the basics of the project: that the City provides $3.61 million in an escrow account; the State is to construct the Phase One improvements with the funds; those improvements are briefly described; and that a Joint Powers Agreement and Joint Use Agreement will be entered into. 3. Joint Powers Agreement (JPA). Provides for City involvement in reviewing design and construction; requires a Joint Use Agreement; provides for the President of RCTC and the City Administrator to be designated as the governing body for the JPA and the Joint Use Agreement. 4. Joint Use Agreement. Provides for the RCTC President and the City Admin. to each appoint three to the Facility Use and Operations Management Committee. That committee will determine a budget, policies and priorities for use and rates for use. RCTC is solely responsible for any operating profit or loss and capital replacement. The agreement provides for priority use for RCTC for both the indoor and outdoor season, but makes provision that the facilities are available for rental to groups in the community for any times that they are not in use by RCTC. When the dome is in place for the Indoor season, all usage, including that of RCTC is on a rental/lease basis. The City's equal involvement on the Management Committee will ensure that the community will have access and benefit from usage of the facility. This agreement is similar to the present agreement for the UCR Fieldhouse that has worked very well, except that in the Fieldhouse agreement the City had a designated amount of usage and a designated financial responsibility for part of the operating deficit or profit. As with the Fieldhouse agreement, Park and Rec. staff and RCTC facility staff will be the Committee members. Council Action Requested. Approve the four agreements as described above, subject to City Attorney review for form and consistency. COUNCIL ACTION: Motion by: second by: to: y I BOARD OF TRUSTEES MINNESOTA STATE COLLEGES AND UNIVERSITIES BOARD ACTION Rochester Community and Technical College Capital Project BACKGROUND The purpose of this report is to seek Board of Trustees approval to construct an artificial turf football/soccer field, stadium with a winter "bubble" fabric roof on the campus of Rochester Community and Technical College as a joint project between the College and the City of Rochester. The authorization to undertake such development is contained in Minnesota Statutes, Chapter 136F.60, Subdivision 2 (b.3) which states, in part: The board may accept gifts for capital projects not authorized by the legislature if the board first certifies that project revenues, other gifts or grants, or other sources of capital funds are available for project costs and that no tuition revenues or state or federal appropriations are used for the capital or operating costs, including all program costs, salaries, and benefits, of the facility. For purposes of this paragraph, 'facility " includes student unions, and recreational and athletic centers. In addition to the above statute requirements, Board approval is necessary because it is a major capital project outside the capital budget cycle with a construction contract over $2 million. The City of Rochester has already funded a predesign and feasibility study of the project. Design and construction of the project will be funded using $3.61 million of City sales tax revenues as authorized by the legislature several years ago and additional funds up to $3.0 million raised by the Rochester Community and Technical College Foundation through a capital campaign to be launched this summer and fall. The City's sales tax revenues are sufficient to complete phase 1 of the project. Capital campaign monies raised by the Foundation will be used to complete additional phases of the project. No state funds will be used for the construction. The project, including design, construction, inspection and testing, furnishings and equipment will be executed by the College in accordance with Minnesota State Colleges and Universities design and construction standards. The City and Foundation will transfer capital campaign funds to the College to allow design, construction, and related contract awards to meet the following schedule: RFP for D-B team - July 2006 D-B team selected - Sep 2006 Begin Construction - March 2007 Final Completion - August 2007 The facility will be located at the intersection of County Road 9 and County Road 22 on the northeast corner of the campus. The football/soccer field will be an artificial playing surface El Fi 4. Y �ii-Q54 s a0Rochester Community and Technical College Capital Project 2 / allowing for year-round use. A stadium adjacent to the field with bleachers for 3000 spectators will be used for College athletic programs and regional sporting events. A winter bubble will be constructed to allow use of the field during the winter months. See Attachment A. Phase one of the project includes: • Artificial playing surface • Field lighting for evening events ■ Winter bubble with interior lights • Initial stadium seating for 1,500 • Paved and lighted parking ■ Minimum press box/film deck ■ Restrooms • Fencing around the field Phase two includes: (to be constructed as funds are raised) • Additional stadium seating • Expanded press box/film deck • Locker/changing rooms ■ Concession stand • Banquet room/office space The College will operate the facility as an Enterprise fund. No College operating funds will be used for construction or operations except to the extent that College athletic programs use the facility and pay their respective use fees. Ballard and King Consultants performed a market and operation analysis of this project. From their report, "the operations analysis represents a conservative approach to estimating expenses and revenues and was completed based on the best information available and a basic understanding of the project. Fees and charges utilized for this study were based on a philosophy of market driven rates charged by other recreation facilities in the area." The table below illustrates the results of their operational analysis. See also Attachment B. Years Revenue Expense Revenue over Expense Cumulative Base 5232,950 $230,431 $2,519 $2,519 Year $245,597 $237,343 $8,254 $10,773 Year $255,604 $244,464 $11,140 $21,913 Year $265,828 $251,798 $14,030 1535,943 Years $275,131 $259,352 $15,779 $51,722 RECOMMENDED COMMITTEE ACTION: The Facilities/Finance Policy Committee recommends that the Board of Trustees adopt the following motion. RECOMMENDED MOTION: The Board of Trustees approves the capital project to construct an artificial turf football/soccer field, stadium and winter bubble on the campus of Rochester Community and Technical College Date Presented to the Board: June 21, 2006 REQUEST FOR COUNCIL ACTION MEETING DATE: 11/6/06 ^�-ENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY ADMINISTRATOR b 5- ITEM DESCRIPTION: HOUSING CODE VIOLATIONS 224-224'/z 19 Avenue SW PREPARED BY: T.SPAETH On 9/6/06 the Council held a public hearing relating to the property located at the above mentioned address, related to housing code violations. After the conclusion of the hearing the Council ordered the owner (Emanuel Feleke) be placed on probation for a period of 6 months, in which time the owner must comply with all federal, state and local laws and ordinances, and also no later than October 23, 2006, the owner was to have satisfied all correction orders issued from Building Safety and have obtained a rental registration certificate. Building Safety has indicated that the owners has NOT scheduled the required re -inspection on the correction orders and does not have a valid rental certificate. Based upon that, the City Attorney has recommended that this item be brought back before the Council as a public hearing. COUNCIL ACTION REQUESTED: Motion to schedule this item for a public hearing before the Council at their November 20, 2006 meeting. COUNCIL ACTION: motion by second by: to: REQUEST FOR COUNCIL ACTION AGENDA SECTION: ORIGINATING DEPT: Consent Rochester International Airport ITEM DESCRIPTION: Change Order #3 and #4 with Century Fence Company for the Perimeter Fencing Project. The Rochester Airport Commission recommends and requests Council authorization to: MEETING DATE: I 1 D-6 a� Steven W. Legve Accept Change Order #3 with Century Fence Company for the Perimeter Fencing and Security Upgrades Project at the Rochester International Airport. This change order involves gate signage to identify the various gate numbers for emergency response. Due to reduced quantities on the project, we will still be under the original contract amount even with this change order. (6972) (FAA AIP 3-27-0084-2-06) MaDot 5501-148) Changer Order 43 $845.25 2. Accept Change Order #4 with Century Fence Company for the Perimeter Fencing and Security Upgrades Project at the Rochester International Airport. This change order involves adding more existing security doors to the new access control software system, the purchase of equipment to complete a communication bridge for CCTV/access control, the purchase of a backup printed circuit board that is essential to the access control software, and one additional security camera in the Terminal Building. Due to reduced quantities on the project, we will still be under the original contract amount even with this change order. (6972) (FAA AIP 3-27-0084-2-06) (MnDot 5501-148) Change Order #4 $40,561.00 New Total Project Cost: $1,157,837.62 Funding: 95% Federal 5% Local COUNCIL ACTION REQUESTED: 2esolution authorizing the Mayor and the City Clerk to execute Change Order #3 and #4 with Century Fence ompany. :OUNCIL ACTION: Motfon by: Second bv._ 0 REQUEST FOR COUNCIL ACTION MEETING DATE: 11/06/07 GENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY CLERK D _ C ITEM DESCRIPTION: LICENSES, BONDS & MISCELLANEOUS CITY ACTIVITIES PREPARE 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 Downtown Business Association & Alliance P.O. Box 416 Rochester, MN 55903 Santa Arriving Downtown/Carriage Rides SINGLE GAMBLING Rochester Host Lions Club P.O. Box 134 Rochester, MN 55906 Held at Holiday Inn South Rochester Area Disabled Athletics and Rec Inc. 539 North Broadway Rochester, MN 55901 Radisson Plaza Hotel Rochester Area Disabled Athletics Rec Inc. TEMPORARY LIQUOR LICENSE Academy of Our Lady of Lourdes 1001 14' Street NW Rochester, MN 55901 Held at St. Francis of Assisi Heights 11/24/06 12/23/06 01/28/07 05/17/07 5:00 PM to 8:30 PM 12/31/06-01/01/07 COUNCIL ACTION: Motion by: second by: to: !9 LICENSE, BONDS AND MISCELLANEOUS CITY ACTIVITIES PAGE 2 November 6th, 2006 PREMISE PERMIT —ANNUAL GAMBLING Rochester Amateur Sports Commission 1605 Civic Center Drive NW Rochester, MN 55901 Mickey's Irish Saloon COUNCIL ACTION REQUESTED A motion to approve the above licenses, bonds, and miscellaneous city activities. REQUEST FOR COUNCIL ACTION MEETING��� " PENDASECTION: Consent Agenda ORIGINATING DEPT: City Clerk DATE: 11/6/06 U — G ITEM DESCRIPTION: On -Sale Intoxicating Liquor and Sunday Licenses - Cuzihavto LLC PREPARED BY: dba Paradise Petes Judy Scherr Michael Barthel, owner of Cuzihavto LLC dba Paradise Peres, 14 17"' Avenue N.W. (Miracle Mile Shopping Center). Mr. Barthel currently owns and operates Pizza Man at the same location. He is expanding his business into a full restaurant with a full menu offering. The expansion will allow for the adding of 12 new positions bringing his total number of employees to 29. Mr. Barthel is planning on opening the business between December 15, 2006, and January 1, 2007. Approval is pending departmental approvals, receipt of insurance certificates and payment of fees. A confidential investigative report on the applicant has been returned satisfactorily from the Police Department. COUNCIL ACTION REQUESTED A motion to approve the On -Sale Intoxicating Liquor and Sunday Licenses for Cuzihavto LLC dba Paradise Petes, 14 17th Avenue N.W., pending departmental approvals, receipt of insurance certificates and payment of fees. COUNCIL ACTION: Moton bv: second by: to: REQUEST FOR COUNCIL ACTION Consent Agenda I City Clerk ITEM DESCRIPTION: On -Sale Wine License - El Carambas LLC dba El Carambas MEETING DATE: 11/6/06 ITEM NO. Judy Scherr An application has been received from Heriberto C. Galindo, owner of El Carambas Mexican Restaurant, at 1503 Highway 14 East (Eastwood Plaza). The restaurant currently has a 3.2 percent beer license in place. Mr. Galindo wishes to obtain the wine license to allow him to serve wine and ethnic beers in excess of 3.2 percent alcohol content with his Mexican food entrees. The restaurant is open from 10:30 AM to 10:00 PM seven days per week. A confidential investigation of the applicant has been successfully returned from the Police Department. COUNCIL ACTION REQUESTED A motion to approve an On -Sale Wine License for El Carambas LLC dba El Carambas at 1503 Highway 14 East. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11 /6/06 GENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda Finance Department f." . ITEM DESCRIPTION: PREPARED By. Approval of Accounts Payable Dale Martinson Respectfully request a motion to approve the following cash disbursements: Investment purchases of $14,739,452.84 Accounts payable of $11,384,683.69 Total disbursements $26,124,136.53 (Detailed listing of disbursements submitted separately.) COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION Consent PAC Meeting Approval-10-24-06 - Modified Pay Plan MEETING DATE 11/6/06 Personnel Advisory Co. and tt Human Resources k Linda The Personnel Advisory Comonittes met on October 24 to review a recommendation regarding a modification of 2006 pay ranges for the City Administrator, Assistant City Administrator, 12 Department Heads, and 5 RPU Directors (see attached). The recommendation was prepared recently following successful negotiations last year with the professional employees, association to reduce 37 pay ranges to 9 broader pay ranges for competitiveness and ease of administration. The recommendation reviewed and approved by the Personnel Advisory Committee correlates the ranges of those listed above with the top two City professional employee (RPEA) ranges to create a calculated pay progression of pay ranges for progressively more responsible City positions. The recommendation: • allows the opportunity to continue to reward long term, high performing City Directors by creating more competitive ranges • is based on required continued compliance with the Minnesota Pay Equity Act • allows for competitive ranges for recruitment when top level vacancies occur • creates continuity and consistency among ranges for Department Heads, RPU Directors and top level professional employee pay ranges (Ranges 8 and 9 ) • reduces seven ranges to six ranges for Department Heads for reasons of competitiveness, pay equity, and ease of administration COUNCIL ACTION REQUESTED: Request a motion approving the modified 2006 compensation plan for the City Administrator, Assistant City Administrator, Department Heads, and RPU Directors COUNCIL ACTION: Motion by: Second by: to: \� 3 ■ o E } �CD \ = r = = m \§ ( N v IT It 2 ( - k) \ _ _ _ _ OCOMCD \ e \ s \ 2 R \ �ft \ e \ s \ 2 R \ �ft CD \ co co m co a. _____ CD CD cc Mn / cm > I & / ) ) C) k � E \ \ `LLJ a) -0 \ ) D �k ƒ f ( r R ) \ )■}co \) �ca £c0 -!!4!l2w7 \ � & _-------- j\)\\}\\}\ x \■«2!r!■E , §5ek!$!@!E , kkjkkki§} \\\$k}\k 2 #5l5oIli ## !�■§a&;a;a 2Jk[2ikkk Organizational / Consent REQUEST FOR COUNCIL ACTION Human Resources ITEM DESCRIPTION: Promotional Appointment - Fire Captain - Rochester Fire Department MEETING DATE: 11/6/06 ITEM NO. PREPARED BY: Linda Ggsrmu The retirement of Michael Toogood, Fire Captain, effective November 30, 2006 creates a vacancy for the position of Fire Captain. The Fire Civil Service Commission has submitted the list of eligible candidates for the position of Fire Captain from the established eligibility roster and recommends the appointment of one of the three candidates to the position of Fire Captain. COUNCIL ACTION REQUESTED: Promotional appointment of Motor Operator Matt Mueller to the position of Fire Captain in the Rochester Fire Department effective November 9, 2006. COUNCIL ACTION: Motion by: seoond by: to: -. hood ALIrA WCACITY ROCHESTER V,o FIRE CIVIL SERVICE COMMISSION JOE POWERS JOHN WITHERS ROGER FIELD November 1, 2006 Honorable Council Members City Council City Hall Rochester, MN 55904 Dear Council Members: Rp CNLSTL9 11111p. 5J B.lie p�..\CGGbt� The retirement of Michael Toogood, Fire Captain, effective November 30, 2006 creates a vacancy for the position of Fire Captain. We respectfully request that you make one {1) appointment to the position of Fire Captain from the following list of qualified candidates 1. Matt Mueller 2. Dave Worstman 3. Joe Farrell Fire Chief David Kapler desires to have the appointment effective November 9, 2006. Respectfully Submitted, a -I hlAetyj�_ John Withers Secretary Fire Civil Service Commission Aa EquafOpport ,uiy Employer MEMORANDUM DATE: September 27, 2006 TO: Fire Civil Service Commission FROM: Chief Kapler SUBJECT: REQUEST TO PROMOTE Due to the upcoming retirement of Captain Michael Toogood, there will be a vacancy in the position of Captain. I am requesting that you approve the promotion of Matthew Mueller, who is the neat person on the Captain Eligibility Roster. I would like to request that this promotion be effective on November 9, 2006. Thank you for your consideration. Organizational i Consent REQUEST FOR COUNCIL ACTION Human Resources ITEM DESCRIPTION: Promotional Appointment - Motor Operator - Rochester Fire Department MEETING DATE: 11 /6/06 ITEM NO. r-i PREPARED BY: Linda Gilsrud ,, The retirement of Michael Toogood, Fire Captain, effective November 30, 2006 and the resulting promotion of Matt Mueller, Motor Operator, effective November 9, 2006, creates a vacancy for the position of Motor Operator. The Fire Civil Service Commission has submitted the list of eligible candidates for the position of Motor Operator from the established eligibility roster and recommends the appointment of one of the three candidates to the position of Motor Operator. COUNCIL ACTION REQUESTED: Promotional appointment of Firefighter Steve Swanson to the position of Motor Operator in the Rochester Fire Department effective November 9, 2006. COUNCIL ACTION: notion by: second by: to: IAA AL4AWMCAC`TY ROCHESTER FIRE CIVIL SERVICE COMMISSION JOE POWERS JOHN WITHERS ROGER FIELD November 1, 2006 Honorable Council Members City Council City Hall Rochester, MN 55904 Dear Council Members: r�k j '' \ •' J 1f1RiTC D.{Lf LCS .>. The promotion of Matt Mueller, Motor Operator, effective November 9, 2006, creates a vacancy for the position of Motor Operator. We respectfully request that you make one (1) appointment to the position of Motor Operator from the following list of qualified candidates 1. Steve Swanson 2. James "Casey" Jones 3. Earl Robinson Fire Chief David Kapler desires to have the appointment effective November 9, 2006. Respectfully Submitted, John Withers Secretary Fire Civil Service Commission 111 An Equa[Op➢ortunity Employer MEMORANDUM DATE: November 2, 2006 TO: Fire Civil Service Commission FROM: Chief Kapler SUBJECT: REQUEST TO PROMOTE Due to the upcoming retirement of Captain Michael Toogood, and the appointment of Matthew Mueller to Captain, there will be a vacancy in the position of Motor Operator. I am requesting that you approve the promotion of Steve Swanson, who is the next person on the Motor Operator Eligibility Roster. I would like to request that this promotion be effective on November 9, 2006. Thank you for your consideration. ,123 AW a\ Pu; anre+,, w/ r MEETING REQUEST FOR COUNCIL ACTION DATE: 11-6-06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT PLANNING,1- ITEM DESCRIPTION: PREPARED BY: Request City Council support for Active Communities Planning and Mitzi A. Baker, pursuit of BlueCross BlueShield Grant to amend the Comprehensive Senior Planner Plan and Identify Ordinance Sections to be amended to integrate active living principles. October 31, 2006 BlueCross BlueShield of Minnesota, through the "Prevention Minnesota" program, seeks to improve the health of all Minnesotans. This program is a long-term commitment to tackle preventable heart disease and cancer by addressing their root causes — tobacco use, physical inactivity, and unhealthy eating. BlueCross BlueShield of Minnesota is currently requesting proposals from municipal and county government entities to integrate active living principles into their communities. Specifically, this funding opportunity is designed to support communities in preparing/revising comprehensive development, pedestrian or bicycle plans, and in identifying relevant ordinance subsections for modification in keeping with the new plans. Select Applicants will receive funding on a contractual basis to conduct planning that focuses on developing environments that support physically active lifestyles, with the overarching goal to reduce preventable heart disease and cancer. Contracts will range from $5,000 to $75,000. Contract amounts will be determined, in part, in consideration of the geographic scope/population size of the Applicant. Communities awarded a grant will be expected to: o Attend training sessions and presentations on how to incorporate active living into planning; o Identify and examine community needs and opportunities for plan revisions an additions supportive of active living; o Conduct a health impact assessment; o Produce a draft plan that incorporates the principles of the active living movement through ordinances, zoning, maintenance and infrastructure, and new projects and to develop and enact policies and projects resulting from the planning process; o Develop a strategy for revising the relevant local ordinances, if applicable. "Active living' denotes a way of life that integrates physical activity into daily routines. Communities can influence the choices their residents make about physical activity in several ways, including land -use policies, the availability of walking paths or greenways, and transportation systems. The Planning Department proposes to seek grant dollars to do active communities planning, to amend the Comprehensive Plan and to identify amendments to the Rochester Zoning Ordinance and Land Development Manual to include active living principles. If awarded the grant, it is anticipated that this project would be completed by Department staff, in cooperation with other local agencies and initiatives promoting healthy and active living, as well as the Planning Commission and City Council. COUNCIL ACTION: Motion by: Second by: 10: i C Page 2 RCA November 2, 2006 Council Action Needed: 1. A motion to approve an application for the Active Communities Planning grant through BlueCross BlueShield of Minnesota to seek funds to integrate active living principles into the community. Distribution: 1. City Administrator 2. City Attorney 3. Planning Department File MEETING ,GENDA REQUEST FOR COUNCIL ACTION CONSENT AGENDA DATE: 11/06/06 ING DEPT: I ITEM NO. ' PLANNING ITEM DESCRIPTION: Initiate zoning map amendment from the R-1 to the MRD District for properties PREPARED BY: related to the University Center Rochester campus and zoning text amendments explicitly providim revised Phil Wheeler, Alt, '__'_ v__ ....ems —i .ol ntnA forilitiPe in the MRD District Planning Director October 26, 2006 Background: The practice dome at the UCR Campus will be located in an area now zoned R-1. In order to reflect the future use of the property and to provide consistency between the long term intended use of the Campus property and the zoning ordinance, staff recommends that the Council initiate an amendment to the Land Development Manual rezoning the UCR property currently zoned R-1 to the MRD District. Accompanying this change will be text changes updating the MRD district with standards appropriate to the intended uses. Recommendation: The staff recommendation is to for the Council to initiate amendments to the Zoning Ordinance map and Zoning Ordinance and Land Development Manual text accomplishing these changes. The Zoning Ordinance map change is consistent with the Rochester Urban Service Area Land Use Plan. Council Action Needed: 1. If the Council wishes to proceed with the amendments, it should instruct the Planning Department to proceed. Distribution: 1. City Administrator 2, City Clerk 1 City Attorney 4. Planning Department File COUNCIL ACTION: motion by: second iENDA SECTION: Consent Agenda REQUEST FOR COUNCIL ACTION Police DEPT: ESCRIPTION Memorandum of Understanding between the USDOJ, Federal Bureau Prisons, Federal Medical Center, Rochester, Mn and the City of Rochester Police Department (Use of Canine Units) MEETING `5- DATE: 11/6/06 ITEM NOAB PREPARoger P The Rochester Police Department seeks permission to enter into a Memorandum of Understanding with the USDOJ, Federal Bureau of Prisons, Federal Medical Center, Rochester, Mn to provide assistance to FMC Rochester in detecting illegal drugs on institutional grounds. The purpose of the Memorandum of Understanding is to establish the responsibilities of each party when Canine Units are provided to assist FMC Rochester in detecting and eliminating illegal drugs in the federal institution. In accordance with the city's financial management policy at the time of the emergency, the party requesting assistance shall reimburse the party providing assistance for un-funded costs of resources expended and /or damaged during a request for assistance. The MOU will remain in effect until terminated by mutual agreement or by either party upon 60 days advanced written notice to the other party. The MOU has been reviewed and approved by the City Attorney. COUNCIL ACTION REQUESTED: The Police Department requests approval to enter into a Memorandum of Agreement with the United States Department of Justice Federal Bureau of Prisons, Federal Medical Center, Rochester, Mn. It is requested that the council authorize the Mayor, City Clerk and /or Chief of Police to sign the Memorandum of Agreement. COUNCIL ACTION: Motion by: second by: to: MEETING Consent Agenda REQUEST FOR COUNCIL ACTION Police DATE: November 6 2006 NO. ESCRIPTION: Contracting with PropertyRoom.Com, Inc to provide on-line Auction PREPARED BY: Service for Disposable Property from the Evidence and Property Unit Roger Peterson The Property and Evidence Unit clears cases from the property room on a routine basis which results in property that is to be disposed of Currently we rely on PropertyBureau.com., Inc to provide our on-line Auction Service for Disposable property. The contract is due for renewal and there have been two changes to the agreement. The company has re -incorporated in Delaware and changed it's corporate name from Property Bureau, Inc. to PropertyRoom.Com, Inc. All other terms of the agreement are the same. It is therefore necessary to sign a new agreement with PropertyRoom.Com, Inc. The agreement has been reviewed and approved by the City Attorney. COUNCIL ACTION REQUESTED: The Police Department request approval to enter into an agreement with PropertyRoom.Com, Inc to use their services. We also request approval for the Mayor and City clerk to sign the agreement with PropertyRoom.Com,Inc. COUNCIL ACTION: Motion by: second by: to: Meeting REQUEST FOR COUNCIL ACTION Date. 111D6/06 AGENDA SECTION ORIGINATING DEPT: ITE[�I NO. i s 1.. 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 October 31, 2006 and requests the Common Council's favorable consideration: - to approve a resolution to approve an increase to the joint use pole attachment rental agreement effective January 1, 2007. - to approve a resolution to approve Amendment 3 to Schedule A of the Power Sales Contract with the Southern Minnesota Municipal Power Agency (SMMPA), and authorize the Mayor and the City Clerk to execute the Amendment. - to approve a resolution to approve a contract agreement with the Minnesota Municipal Power Agency (MMPA) for the sale of energy from the Cascade Creek gas turbines effective November 1, 2006 through October 30, 2007, and authorize the Mayor and the City Clerk to execute the agreement. MANAGER: aI,7 xodg"L GENERAL COUNCIL ACTION: Motion by: Second by: to: FOR BOARD ACTION Agenda Item # 7 Meeting Date: 10131/06 SUBJECT: rqfqw• 1 0 ITEM DESCRIPTION: Joint Use Pole Attachment Rental Rate Neil Stiller, Sr. Electrical Engineer RPU has individual agreements with five communications utilities for the joint use of RPU poles. These entities attach TV and telephone cables to RPU poles and pay an annual rental fee. The agreements expire December 31, 2006. RPU can continue the existing agreements on a year -by -year basis provided neither party gives notice to terminate. Staff recommends the existing agreements continue as such. The rate consultant R.W. Beck was asked to review and update RPU's pole attachment rates. The existing rates have not been revised since 2001. Pole attachment rent calculations are based on an industry model formula established by the FCC. Although municipal utilities are not bound to the FCC formula, RPU chooses to comply in order to be comparable with the industry. Rate calculations are segregated into distribution poles and transmission poles due to the significant cost difference between these two classes of poles. R.W. Beck's analysis and report are attached. Staff recommends updating RPU's pole attachment rental rates as follows. Rents are on a sliding scale based on the number of communication entities (attachers) on the pole. The rates are stated as annual rates and are collected once per year. Pole attachment rental rates can be updated or increased pending a 60 day notice. Distribution Poles Type of Attachment One Attacher Cable $22.00 Equipment $17.00 Anchor System $17.00 Two Attachers Three Attachers $17.00 $12.00 $17.00 $17.00 $17.00 $17.00 Transmission Poles (applicable to attachments made after January 23, 2007): Type of Attachment One Attacher Two Attachers Three Attachers Cable $150.00 $80.00 $50.00 Equipment $80.00 $80.00 $80.00 Anchor System $80.00 $80.00 $80.00 UTILITY BOARD ACTION REQUESTED: 1. Approve and recommend to the City Council a pole attachment rental rate increase as noted applicable 1 all affected communications utilities. 2. Authorize staff to provide notice to the affected utilities of a proposed rate adjustment effective January 1, 2007. GeWeral Manager Date Agenda Item # 8. SUBJECT: PREPARED BY: ITEM DESCRIPTION: FOR BOARD ACTION J Meeting Date: 10131106 Amendment 3 to Schedule A to the Power Sales Contract Between SMMPA and the City of Rochester Walt Lorber, Director of Core Services Schedule A to the Power Sales Contract between SMMPA and the City has been updated to reflect the current points of delivery and points of measurement for power and energy delivered under the contract. The updates reflect changes in metering associated with the new IBM genets and in the schematic representation of OWEF metering. No other provisions of the Power Sales Contract are changed. UTILITY BOARD ACTION REQUESTED: It is recommended that the Board request the City Council to approve the Amendment to Schedule A of the Power Sales Contract Between Southern Minnesota Municipal Power Agency and the City of Rochester, dated October 31, 2006, and authorize the City Clerk and Mayor to execute the Amendment. Djtw . k�4-4 Ge ral Manager Date l FOR BOARD ACTION Agenda Item # 11.a. Meeting Date: 10/31106 SUBJECT: Energy Sales Agreement for Cascade Creek Gas Turbines between the City of Rochester and Minnesota Municipal Power Agency PREPARED BY: Wally Schlink, Director of Power Resources ITEM DESCRIPTION: In October, 2005 the City and the Minnesota Municipal Power Agency (MMPA) entered into an agreement for MMPA to provide Market Participant services for the SLP units in the Midwest Independent System Operator (MISO) market. These services have allowed RPU to sell energy into the wholesale market and to maximize the revenue from the SLP facilities. Beginning April 1, 2006 due to SMMPA becoming a member of MISO, RPU entered into an agreement with MMPA to market the 2 Cascade Creek gas turbines, in MISO and participate in the wholesale energy market through that entity. That agreement expires October 31, 2006. Staff has been pleased with the results of the marketing services that MMPA has provided for both the SLP units and the Cascade Creek units and believes that this is the most effective way of maximizing returns on the infrastructure investment we have at Cascade Creek. Our recommendation is to execute a new agreement for marketing the Cascade Creek units and continue the partnership with MMPA, who are experienced wholesale energy traders, are Market Participants in the MISO and who have agreements giving them access to transmission to the market. Staff recommends executing a new Cascade Creek Gas Turbine Energy Sales Agreement for the period of November 1, 2006 through October 30, 2007 that defines the terms of this marketing relationship which mirrors our original agreement to provide the identical services for the SLP units and we feel that RPU should choose to participate in this joint venture. Attached is a copy of the agreement. UTILITY BOARD ACTION REQUESTED: Staff recommends that the Board approve a resolution requesting the Common Council to approve the Cascade Creek Gas Turbine Energy Sales Agreement between the City of Rochester and the Minnesota Municipal Power Agency, and that the Mayor and the City Clerk execute the agreement. GerVral Manager !6 v ate UTILITIES GENDA SECTION: CONSENT AGENDA REQUEST FOR COUNCIL ACTION MEETING % DATE: 11 /6/06 ORIGINATING DEPT: Public Works ITEM DESCRIPTION: Owner Contract — Stonehedge Townehomes 5' to Century High School Bike Trail Extension — J5258 47JI:[9a Staff would offer the following Owner Contract project for consideration by the Council: BARED BY: M. Baker Stonehedge Development LLC (Owner) & Friedrich Construction, Inc. (Contractor) are requesting a City / Owner Contract J5258 consisting of construction of the "Stonehedge Townehomes 5th to Century High School Bike Trail Extension" COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J5258, "Stonehedge Townehomes 5th to Century High School Bike Trail Extension". COUNCIL ACTION: Motion by: second by: to: kGENDA SECTION: CONSENT AGENDA REQUEST FOR COUNCIL ACTION MEETING `Z-4 � DATE: 11 /06/06 ORIGINATING DEPT: ITEM NO. Public Works ITEM DESCRIPTION: Owner Contract — Public Improvements to Serve Rochester Towne PREPARED BY: Club Villas — J5250 M. Baker rid Staff would offer the following Owner Contract project for consideration by the Council: Platinum Development Group, Inc. (Owner) & Griffin Construction Co, LLP (Contractor) are requesting a City -Owner Contract J5250 consisting of "Public Improvements to Serve Rochester Towne Club Villas'. COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J5250, "Public Improvements to Serve Rochester Towne Club Villas", conditioned on no work commencing until the final Grading Plan has been approved for this subdivision. U COUNCIL ACTION: Motion by: Second by: to. REQUEST FOR COUNCIL ACTION MEETING DATE: 11/06/06 1GENDA SECTION: ORIGINATING DEPT: ITEM NO. I CONSENT AGENDA Public Works ^ i b ITEM DESCRIPTION: Owner Contract — Public Improvements to Serve Rochester Towne PRFARED BY: Club Village — J5251 M. Baker Staff would offer the following Owner Contract project for consideration by the Council: Platinum Development Group, Inc. (Owner) & Griffin Construction Co, LLP (Contractor) are requesting a City -Owner Contract J5251 consisting of "Public Improvements to Serve Rochester Towne Club Village". COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J5251, L"Public Improvements to Serve Rochester Towne Club Village", conditioned on no work commencing until the final Grading Plan has been approved for this subdivision. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11/6/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda Public Works — ITEM DESCRIPTION: Supplemental Agreement for Stonehedge Development PREPARED BY: M. Nigburn=2t The Owner, Stonehedge Development LLC, previously executed an existing Development Agreement (including supplemental agreements) for the development. The Owner desires to amend the Development Agreement for Stonehedge Development to construct the path along East Circle Drive including the proposed portion on Independent School District 535 (ISD 535) property in exchange for a part of the cost of traffic signalization of Stonehedge Drive NE and East Circle Drive (CSAH 22). Replacement of portion 6b of the original Development Agreement would read as follows: 1. Section 6b of Owner's Obligation is hereby replaced in its entirety with the following: Owner agrees to pay a proportional share of a future traffic signal, if warranted by City and County standards, at the intersection of Stonehedge Drive NE and CSAH 22. Owner agrees to pay to the City an amount equal to 12.5% of the total cost, but not more than $25,000 (as adjusted for ENR from the August 1, 2001), for the design and construction of the traffic control signal. For the purposes of this agreement, the Owner will not be responsible for other costs associated with the design, construction and operation of the traffic signals. Owner shall receive an equal credit against Owner's cost for the traffic signal in exchange for the design and construction expenses related to construction of a Pedestrian Path on the ISD 535 Property connecting the Stonehedge Property to the Pedestrian Bridge on the ISD 535 Property. In other words, if Owner constructs the Pedestrian Path on the ISD 535 Property per City approved Plans, Owner will be completely relieved of any obligations to pay a cost share for the future traffic signal at the intersection of Stonehedge Drive NE and CSAH 22. Owner agrees to construct said path pursuant to the design approved by the City within 60 days of execution of this agreement, weather and construction materials availability permitting. 35th Street NE Property F�4 Plateau Drive/Rocky Creek Drive <eon Intersection t � East Circle Drive NE 16th Avenue NE Rim R1 Staff recommends the Council approve the Fifth Supplemental Amendment to the Development Agreement for Stonehedge Development. Council Action Requested. Authorize the Mayor and City Clerk to execute the Fifth Supplemental Amendment to the Development A reement for Stonehedge Development with Stonehedge Development, LLC. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION ,GENDASECTION: I ORIGINATING DEPT: CONSENT AGENDA Public Works ITEM DESCRIPTION: Revocable Permit — Part of Lot 1, Block 1, Vision Real Estate Replat MEETING DATE: 11 /6/06 ITEM NO. PREPARED BY: The City of Rochester previously issued a revocable permit to Vision Real Estate Investments LLC, for the placement of a wooden "deck" on the building located at 3269 191" Street NW over and in an existing utility and drainage easement. The easement and subject improvements are located on a part of Lot 1, Block 1, Vision Real Estate Replat. The Owner is now asking the City to revise the issued revocable permit to reflect the following changes/additions. • The deck platform shall not extend more than 14 feet from the building structure. • Steps for access to said deck • Four 4' x 4' air conditioning units • Two retaining walls, one to create a landing for said stairs and the other for placement of said air conditioning units • A dumpster enclosure — 8' x 16' Staff has reviewed the request and would recommend in favor of revising the existing Revocable Permit. The Owner has executed a revised Revocable Permit which includes the standard language for revocation and liability protection for the City. COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the Revised Revocable Permit with Vision Real Estate Investments LLC to allow the placement of a wooden "deck", steps, two retaining walls, four air conditioning units and a dumpster enclosure over and in the utility and drainage easement located on part of Lot 1, Block 1, Vision Real Estate Replat. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: /P 7 l 11 /6/06 GENDA SECTION: ORIGINATING DEPT: ITEM NO. 0" CONSENT AGENDA Public Works ITEM DESCRIPTION: Revocable Permit — Parts of Lots 1 and 8, Block 3, North Orchard PREPARED BY: Park Subdivision M. Ni bur Compass Point LLC, the Owner, has requested the City issue a revocable permit for the placement of landscaping and a sidewalk in an existing 15-foot public utility easement. The easement and subject improvements are located on parts of Lots 1 and 8, Block 3, North Orchard Park Subdivision. The Owner will install and maintain the landscaping and sidewalk at their own expense. The landscaping and sidewalk will be installed as shown on the exhibit. 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. ------------------ r 1:2 t ��w>.r \VVT - wRez —"" \ �w\ la � xt ', i� ✓—�. .. _ it '.1 I �I cog x I = -� r5 COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the revocable permit with Compass Point LLC to allow the placement of landscaping and a sidewalk in the public utility and easement located on parts of Lots 1 and 8, Block 3, North Orchard Park Subdivision. COUNCIL ACTION: Motion by: second by to: tGENDA SECTION: CONSEN' ITEM DESCRIPTION: REQUEST FOR COUNCIL ACTION MEETING DATE: Revocable Permit - 5193 Sc Wall and Concrete Driveway ORIGINATING DEPT: Public Worl 1 Ridae Lane SW - I /7i 11 /06106 ITEM NO. L " -1 PREPARED BY: Steven & Molly Nierman (Owners) have requested the City issue a revocable permit for the placement of a retaining wall and a concrete driveway in the public utility easement across the northeasterly 10 feet of their property described as Lot 24, Block 1, Southern Woods Fourth Addition. The elevation for the house to be built at this location was set 2 feet higher by the excavation contractor than shown on the grading plan. This created a situation where the driveway would have a grade of 12.5% to 25% if connected to Southern Ridge Lane SW. To remedy this situation, the Owners will need to move their driveway to connect with Southern View Land SW and construct a retaining wall to create the 2% slope needed to maneuver in front of their garage. The retaining wall and concrete drive will be located one foot off of the property line resulting in a 9-foot encroachment of said utility easement. The Owners will install and maintain the new retaining wall and concrete driveway at their own expense. Staff has reviewed the request and would recommend in favor of granting a Revocable Permit. The Owners have executed a Revocable Permit which includes the standard language for revocation and liability protection for the City. 1173 ,,Cgv �•. I1736B % U Oa 02 x \ p� 1174, ai n � z9 3 A 19.50' �6 2 o� tJ 5.00, ^. ^ _ 0 C��q` 11 ` 10 6 B9 Ita ' 5425'. y — p 'L 6 J5.J Bea o 24. c 72.11' - `-- v SOUTHERN VIEW LANE SW / i]1a6 � �2100 STA 1 Ot01. W �v'�fTq_ enu "�g �OAUJINC NIERMAN HOUSE SITE PLAN ^I^ P6"1in LOT 24, BLOCK I xe .. . xx fifiRo, SOUTHERN WOODS FOURTH ADDITION COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the Revocable Permit with Steven & Maureen (Molly) Nierman to allow the placement a retaining wall and a concrete driveway in the public utility easement along the northwest 10 feet of their property located at 5193 Southern Ridge Lane SW. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING % DATE: 1116/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works — �") ITEM DESCRIPTION: Revocable Permit: BP Products North America, Inc. Monitoring PREPARED BY: Wells on City Property M. Nigbur n;l� lid BP Products North America Inc. (BPPNA) previously maintained a gas/service station, including underground storage tanks that held gasoline and other oil based products at Lots 1 and 2, Block 51, Original Plat to the City of Rochester (now owned by Senior Citizens Services, Inc. as a parking lot). BPPNA currently maintains monitoring wells on the parking lot owned by the City directly north of their site (part of Lots 3-6, Block 51, Original Plat) to observe the quality of the groundwater and that no contamination from the existing underground storage tanks has taken place. BPPNA would like to place two additional monitoring wells within the City -owned parking lot. BPPNA shall perform all work and bear all costs associated with the installation maintenance and repair of said facilities as well as any damage that may occur. Staff has reviewed the request and would recommend in favor of granting a Revocable Permit for the placement of two additional monitoring wells. BPPNA has executed the Revocable Permit which includes the standard language for revocation and liability protection for the City. 4�r�, 7 I ,N 'Moog 1 sr ;, r, � u'y� L ,y 4 � e' rt � k � } � ��' � , WF,}g �� h.� F P fl ✓ Y Proposedgm Proposed Well C F w'i U Y h 'y kr Ix d 1 r�y"+.xC£ a t+y`4J,?, st '� �cP,,}SP+�h4rt'i4',A"�1",j' ^ ��54i• + P Y a }7Q"F}.. f`itia a +' senior Citizens a 1, Services hic, r v` H i e %S i au' Property VJ r as •. _�,'�'"` senior Centel + w 4,s + COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the Revocable Permit to allow BPPNA to place two additional monitoring wells in the City -owned parking lot located at part of Lots 3-6, Block 51, Original Plat to the City of Rochester COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11 /6/06 GENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works V)— K ITEM DESCRIPTION: Revocable Permit: BP Products North America, Inc. Monitoring PREPARED BY: Wells on City Right of Way M. Nigbur, j„ BP Products North America Inc. (BPPNA) maintains a gas/service station at this site, including underground storage tanks that held gasoline and other oil based products at the southwest corner of the intersection of 215'Avenue NW (East Frontage Road) and 37'h Street NW. BPPNA would like to place a monitoring will in public right of way to observe the quality of the groundwater and that no contamination from the existing underground storage tanks has taken place. The monitoring well would be located in the public right of way of 215t Avenue NW westerly and adjacent to Lot 35, Block 5, Rolling Greens Subdivision. BPPNA shall perform all work and bear all costs associated with the installation maintenance and repair of said facilities as well as any damage that may occur. Staff has reviewed the request and would recommend in favor of granting a Revocable Permit for the placement the monitoring well. BPPNA has executed the Revocable Permit which includes the standard language for revocation and liability protection for the City. im it v=, * IANA zS�44 k"`{ii•' e Vl i �f Ar i nl. 3�ASS 1 g4 Fi ProposedMonitoring Well Location i r Mi L py ems' i COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the Revocable Permit to allow BPPNA to place a monitoring well in the public right of way of 21" Avenue NW westerly and adjacent to Lot 35, Block 5, Rolling Greens Subdivision. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING ? , / DATE: 11 /6/06 ,GENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA PUBLIC WORKS ITEM DESCRIPTION: AWARD OF CONTRACT: PREPARED BY: Quarry Hill Ravine and Stream Stabilization Project (J6512) and "� B. Huberty Parkwood Hills Sub-Trunkline Sanitary Sewer (J7754) i(�` Bids were received and opened after 10:00 a.m., Tuesday, October 31, 2006 for the following local improvement projects: City Projects: J6512, Quarry Hill Ravine and Stream Stabilization Project and J7754, Parkwood Hills Sub-Trunkline Sanitary Sewer. ProiectBackground 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. This 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). a, r 195TNE Z 20 AVE NE =F, FAR,,,OCX S�NfW v r s> `O ig ST NE hE w C lqS �E CT NE w Re�ea Loca�on '. The following bids were received: 1. Park Construction 2. Elcor Construction 3. Landwehr Construction 4. McHugh Excavating 5. Minger Construction Engineers Estimate Total Bid $ 1,128,765.45 $ 1,138,075.00 $1,156,172.10 $1,161,600.14 $1,479, 754.30 $1,086,485.00 Proiect Recommendation: The Public Works Department recommends the City Council proceed with an award to the low bidder, Park Construction. COUNCIL ACTION REQUESTED: Adopt a resolution awarding the contract, City Project No. (J6512) Quarry Hill Ravine and Stream Stabilization Project and (J7754) Parkwood Hills Sub-Trunkline Sanitary Sewer to Park Construction. COUNCIL ACTION: Motion by: second by: to: RWROJECTSV-PROJJ6512 Quarry Hill\Plans-Spec5iRCA Award Bid doe GENDA SECTION: CONSENT AGENDA REQUEST FOR COUNCIL ACTION MEETING DATE: 11 /6/06 ORIGINATING DEPT: I ITEM NO. Public Works ITEM DESCRIPTION: Release of Controlled Access for Lot 5, Block 1 and Lot 1, Block PRf PARED BY: 2, all in Lincolnshire North First Subdivision it M. Nigbur7 '% Lot 5, Block 1 and Lot 1, Block 2 of Lincolnshire North First Subdivision are platted granting controlled access to 48th Street NW. The driveways on both lots were permitted and constructed allowing access to the properties from 481h Street NW, which is in direct violation of previously granted controlled access. To remedy this situation and clear the title of each of the two subject lots, the City is willing to release controlled access through an agreement for the area of the property occupied by the driveway on each lot (the East 25 feet of the West 43 feet of Lot 5, Block 1 and the West 25 feet of the East 32 feet of Lot 1, Block 2). The City has created a Release of Controlled Access document outlining the conditions of the controlled access release: • Owner will not enlarge or move the driveways on 48th Street NW serving the property. • Owner agrees no access to 35th Avenue NW will be allowed. Staff recommends the Council approve the release of controlled access of Lot 5, Block 1 and Lot 1, Block 2 of Lincolnshire North First Subdivision for the area of each property occupied by the existing driveway on each lot upon the condition the Owner signs the Release of Controlled Access document for their property accepting the terms outlined above. COUNCIL ACTION REQUESTED: Approve the release of controlled access of Lot 5, Block 1 and Lot 1, Block 2 of Lincolnshire North First Subdivision for the area of each property occupied by the existing driveway on each lot upon the condition the Owner signs the Release of Controlled Access document for their property. Authorize the Mayor and City Clerk to execute a Release of Controlled Access document upon signature by the Owner of each of the subject lots COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION ,GENDA SECTION: I ORIGINATING DEPT: CONSENT AGENDA Public Works ITEM DESCRIPTION: City/County Cost Sharing Agreement - Marion Road Drainage Area J6505 MEETING Y ' DATE: 1116/06 ITEM NO. DARED BY: M. NigburAV1 On October 3, 2005 the City authorized the execution of a Settlement agreement for the acquisition of the Dunford Property (property along Marion Road affected adversely due to significant drainage issues). As part of the Request for Council Action staff provided the background for cost sharing between the City and the County for various costs associated with this property. The City Attorney's staff and the County Attorney's Staff have crafted a Cost Sharing Agreement which formalizes the cost share participation not only for the acquisition, but also for the demolition/removal of the structures, the operations of ownership for the property, and design/construction of the drainage mitigation solution in this area. This City will be the ultimate owner of the property. The City Attorney, City Public Works, City Administration, County Attorney, and County Public Works staffs have all reviewed the document and have found it acceptable. The Agreement has already been executed by Olmsted County. Therefore Staff would recommend the City Council authorize the Mayor and City Clerk to execute the Agreement. COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the Cost Sharing Agreement to resolve historical drainage problems in the Dunford Property area. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING '53 ,- DATE: 11 /06/06 GENDA SECTION: ORIGINATING DEPT: I ITEM NO. CONSENT AGENDA Public Works J ' ITEM DESCRIPTION: SPECIAL PARKING FOR 2009 NATIONAL DALMATIAN CLUB PREPARED BY: SHOW AT CIVIC CENTER A KNAUER The Rochester Convention and Visitors Bureau (RCVB) has requested special overnight parking for approximately 30 RVs near the Civic Center for 5 nights in April, 2009 for attendees at the National Dalmatian Club Show. Most attendees will be staying in local lodging. However, some members prefer to use RV s to have a place to groom and stay with their dogs. They have requested an area close to the show which will be held at the Civic Center. Staff is looking at the new a portion of the Civic North lot along the river. The overnight parking rate would be subject to the rates at the time of the event and based on the number of spaces needed plus any other amenities. Restrictions would include no generators after 10:00 p.m. or before 7:00 a.m. per local noise ordinance. Also refuse clean up and removal would be the responsibility of RCVB including animal waste. The parking ordinance gives authority to the Police and Public Works to waive restrictions of such overnight parking as being requested. Staff recommends approval. However, considering the uniqueness of the request the recommendation is being forwarded to Council. REQUESTED COUNCIL ACTION Adopt the prepared resolution approving overnight parking of RVs in municipal lots for attendees at the 2009 National Dalmatian Club Show subject to conditions and rates determined by the Public Works Department. COUNCIL ACTION: Motion by: Second by to: MEETING ,GENDA SECTION: CONSENT AGENDA REQUEST FOR COUNCIL ACTION ORIGINATING DEPT: Public Works ITEM DESCRIPTION: Assessment Agreements — (J4609) Construction of Sidewalk at Various Locations. DATE: I11 /06/06 ITEM NO. DARED BY: M. Nigbur; The City initiated public improvement project J-4609 "Construction of Sidewalk at Various Locations'. An assessment roll for this project has been adopted. The Dewan Properties, Joshua Littman, Beissel Properties, Abbas Tabatabai and David Boyd own property that is included on said assessment roll. The properties are located at: Owner Dewan Properties. PIN# 73.30.21.067946 Lot 7, Blk. 1 Century Hills Commercial Park, Olmsted County, Minnesota Owner Joshua Littman of 1121 Putters PI SE. PIN# 63.05.44.057543 Lot 7, Blk. 4, Eastwood Hills 2ntl Subdivision , Olmsted County, Minnesota Owner Beissel Properties of 4609 Birdie Ln NW. PIN# 74.17.21.051278 Lot 11, Bilk. 2, Golfview Estates, Olmsted County, Minnesota Owner Abbas Tabatabai of 3110 Northern Valley Dr NE. PIN# 74.24.42.047982 Lot 2, Blk. 1, Northern Slopes 6'h Subdivision, Olmsted County, Minnesota Owner Abbas Tabatabai of 3024 Northern Valley Dr NE. PIN# 74.24.42.047983 Lot 3, Blk. 1, Northern Slopes 6" Subdivision, Olmsted County, Minnesota Owner David Boyd. PIN# 74.32.11,072327 Lot 2, Blk. 1, Radichel 3rtl Replat, Olmsted County, Minnesota The construction of sidewalk was completed at these properties by others. Therefore, the assessment shall be removed from the assessment roll. An Assessment Agreement has been prepared with the Property Owners. The City will need to amend the adopted special assessment roll to remove the charges of said properties. Staff recommends the Council execute the Assessment Agreements for amendment of the special assessment roll of project J-4609 for said properties. COUNCIL ACTION REQUESTED: 1. Adopt a resolution amending the Assessment Roll by removing the charges for the properties owned by said property owners. 2. Authorize the Mayor and City Clerk to execute the assessment agreement for J-4609 for said property owned by Dewan Properties, Joshua Littman, Beissel Properties, Abbas Tabatabai, and David Boyd. COUNCIL ACTION: Motion by: Second by: to: ` REQUEST FOR COUNCIL ACTION MEETING / DATE: 1 11 /06/06 AGENDA SECTION: I ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works P,-- LL ITEM DESCRIPTION: Assessment Agreements — (J7743) Reconstruction of 7 th St NW PRPPARED BY: from 13 Av NW to the Cascade Bridge. LJr M. Nigbur--";?l The City initiated public improvement project J-7743 "Reconstruction of 71" Street NW from Cascade Bridge to 13 Av NW". An assessment roll for this project has been adopted. The Prow Company, Joseph & Cindy L. Bowman, and M & H Holding Company own property that is included on said assessment roll. The properties are located at: Owner The Prow Company of 1112 7tn Street NW. PIN# 74.34.14.000581 Lot 1, Arend Dalsbo Addition, Olmsted County, Minnesota Owner Joseph & Cindy L. Bowman of 1219 7in Street NW. PIN# 74.34.14.008601 Lot 10, Bilk. 4, Replat 4 & 10 Gooding's Addition , Olmsted County, Minnesota Owner M&H Holding Company of 1305 7" Street NW. PIN# 74.34.14.008602 Lots 1 & 2, Blk. 10. Replat 4 & 10 Gooding's Addition, Olmsted County, Minnesota Owner M&H Holding Company of 1103 7'" Street NW. PIN# 74.34.14.008591 Lot 1, Blk. 4, Replat 4 & 10 Gooding's Addition, Olmsted County, Minnesota These properties are corner lots and the frontage along the avenue side will not be assessed until the avenue side is reconstructed. An Assessment Agreement has been prepared with the Property Owners. The City will need to amend the adopted special assessment roll to remove the charges on the avenue side associated with said properties. Also, Pin #8601 and 8591 had frontage along 9 St NW side added to assessment. Staff recommends the Council execute the Assessment Agreements for amendment of the special assessment roll of project J-7743 for said properties. COUNCIL ACTION REQUESTED: 1. Adopt a resolution amending the Assessment Roll by deleting the avenue side charges for the properties owned by said property owners and adding frontage from 9 St NW. 2. Authorize the Mayor and City Clerk to execute the assessment agreement for J-7743 for said property owned by The Prow Company Joseph & Cindy L. Bowman and M&H Holding Company. COUNCIL ACTION: Motion by. Second by: to: GENDA SECTION: CONSENT AGENDA REQUEST FOR COUNCIL ACTION MEETING DATE: ORIGINATING DEPT: Public Works ITEM NO. 11/06/06 ITEM DESCRIPTION: ASSESSMENT AGREEMENT: (J9712) I PREPARED BY: Reconstruction of 7th Street NW from Cascade Creek Bridge # 55529 to M. Nigbur/J�i /� t North Broadway (TH 63) �1_ The City initiated public improvement project J-9712 'Reconstruction of 71h Street NW from Cascade Bridge to North Broadway Avenue". An assessment roll for this project has been adopted. The following own property that is included on said assessment roll: Owner Larry Woods & Troy Buhr Pin# 74.35.14.15803, Northern Addition. Speedway Super America LLC. Pin# 74.35.14.75684, Northern Addition. Note that the old pin number was 15827 and 15828. The Assessment Roll includes 176.9 feet of property frontage for the Larry Woods & Troy Buhr property, and 214 feet of property frontage for the Speedway Super America LLC. property. These properties are corner lots and the frontage along Broadway side will not be assessed until the avenue side is reconstructed. The agreement reduces Larry Woods & Troy Buhr assessment to 87.5 feet, and Speedway Super America LLC to 125 feet of assessable frontage. An Assessment Agreement has been prepared with the Property Owners. The City will need to amend the special assessment roll to exclude a portion of the costs associated with said properties. City staff recommends the Council execute the Assessment Agreement for amendment of the assessment roll of project J9712 for both properties. COUNCIL ACTION REQUESTED: Adopt a resolution amending the Assessment Roll by deleting the corner lot charges for both properties. Authorize the Mayor and City Clerk to execute the assessment agreements for J9712 for said property owned by Larry Woods & Troy Buhr, and Speedway Super America LLC. COUNCIL ACTION: Motion REQUEST FOR COUNCIL ACTION MEETING DATE: 11 /6106 tGENDA SECTION: ORIGINATING DEPT: ITEM NO. ^� CONSENT AGENDA I Public Works D ITEM DESCRIPTION: Supplemental Agreement #1 Project 9501 (J2574) PR PARED BY: Civic Center North Parking Lot Expansion M. Easley c, The plans provide for construction to expand the Civic Center North Parking Lot. The plans further provide that, after the lot is surfaced, that epoxy pavement markings be painted marking the parking stalls. The painting contractor advised, that in low volume installations epoxy pavement markings have not performed equal to their cost, and recommends the lot be painted with Standard traffic paint. The Engineer concurs with this recommendation and has prepared Supplemental Agreement #1; Project 9501 (J2574) in the amount of $1,588.21 to cover the cost of: 1. 4" Solid Line White Paint for parking stalls. 2. 4" Solid Line Yellow Paint for bus stalls. 3. 6 Handicapped Parking Symbols. 4. Repainting of the remainder of the existing stalls in the adjacent Civic Center North Lot. Cost associated with this work have been reviewed and are typical to work of this nature. The cost of this Supplemental Agreement does not constitute an overrun of project cost. The value of the Epoxy Markings deleted by this agreement is in excess of the requested amount. COUNCIL ACTION REQUESTED: Adopt a resolution authorizing payment of Supplemental Agreement #1, In the amount of $1,588.21 Project 9501 (J2574) Civic Center North Parking Lot Expansion. COUNCIL ACTION: Motion by: second by: to: 9--;, MEETING REQUEST FOR COUNCIL ACTION DATE: 11 /6/06 GENDASECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works rE - =, ITEM DESCRIPTION: Supplemental Agreement #3 Project MO-74 (J9708) PREPARED BY: Overland Drive N.W., from 18t" Ave. to Bandel Road N.W. F M. Easley �c The plans provided for the construction of Overland Drive N.W. from 181" Ave. to Bandel Road N.W. The plans further provide for the construction of storm sewer and drainage facilities throughout the project. During storm sewer construction a formation of solid sandstone was encountered that required blasting for it to be excavated for the installation of the storm sewer mains. Rock excavation was not provided for in the contract and therefore constitutes extra work. The Engineer has prepared Supplemental Agreement #3; Project MO-74 (J9708) in the amount of $9,570.00 to cover the cost of: 1. 580.0 Cubic yards of Rock Excavation in the storm sewer trenches. Cost associated with this work have been reviewed and approved by MNDOT Estimating. MNDOT has further determined these cost to be eligible for both Federal and State Aid participation. COUNCIL ACTION REQUESTED: Adopt a resolution authorizing payment of Supplemental Agreement #3, In the amount of $9,570.00 Project MO-74 (J9708) Overland Drive N.W. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11 /6/06 GENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works t1 , 'VI ITEM DESCRIPTION: Supplemental Agreement #4 Project MO-74 (J9708) PREPARED BY: Overland Drive N.W., from 181h Ave. to Bandel Road N.W. M. Easley k.. The plans provided for the construction of Overland Drive N.W. from 18`h Ave. to Bandel Road N.W. The plans further provide for the construction of storm sewer and drainage facilities throughout the project. After storm sewer construction had been completed, and while roadway grading was in progress, it became apparent that the tops of numerous storm sewer structures sat very high in the road grade. Investigation determined that an apparent survey error had occurred in the storm sewer staking and that the storm structures needed to be lowered to complete the project to the roadway elevations. This condition was further complicated, in part, by a revision to the final planned road grade, at the west project limits, by the lowering of the planned road grade by one foot, to match elevations prescribed by the new construction on HWY 52 at 65`h St. N.W. The Engineer has prepared Supplemental Agreement #4; Project MO-74 (J9708) in the amount of $14,876.00 to cover the cost of: A. Lower Nine Storm Sewer Manholes. 1. Removal of the storm sewer manhole slab tops. 2. The sawing of storm sewer manholes 3. Replacement of manhole slab tops. B. Lower fourteen catch basin structures. 1. Sawing off the tops of the concrete catch basin structures. Cost associated with this work have been reviewed and approved by MNDOT Estimating. MNDOT has further determined these cost to be eligible for both Federal and State Aid participation. COUNCIL ACTION REQUESTED: Adopt a resolution authorizing payment of Supplemental Agreement #4, In the amount of $14,876.00 Project MO-74 (J9708) Overland Drive N.W. REQUEST FOR COUNCIL ACTION MEETING % DATE: 11 /6/06 GENDASECTION: ORIGINATING DEPT: CONSENT AGENDA Public WorksABY ITEM DESCRIPTION: Supplemental Agreement #3 Project M1-50-2-04 (J7731) jPRrARED Bandel Road N.W., from Bandel Drive to 65" St. N.W. The plans provide for the construction of Bandel Road from Bandel Drive to 65" St. N.W. The plans further provide that the security fence around the adjacent City water reservoir be removed to facilitate roadway and retaining wall construction. The plans however, did not provide for the reinstallation of the security fence around the facility. Both the Department of Public Works and Rochester Public Utilities - Water Division feel it is necessary to reinstall the fence to maintain a secure facility and for safety of those working at the site near the top of the retaining wall. The Engineer has prepared Supplemental Agreement #3; Project M1-50-2-04 (J7731) in the amount of $7,146.70 to cover the cost of: 1. Reinstallation of the 6' high security fence. 2. Reinstallation of a 14' swing gate. MNDOT has approved the costs of this agreement and has determined them eligible for State Aid participation. COUNCIL ACTION REQUESTED: Adopt a resolution authorizing payment of Supplemental Agreement #3, In the amount of $7,146.70 Project M1-50-2-04 (J7731) Bandel Road N.W. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: ENDA SECTION: CONSENT AGENDA ITEM DESCRIPTION: Assessment of "Unpaid Charge, to Serve Crystal Springs, J9787 ORIGINATING DEPT: Public Works NO. 11 /6/06 Sanitary Sewer and Watermain P/J,EPARED BY: Loehr 1 The final projects quantities and costs for the following local improvement project have been determined: Project No. M1-26, J9787 "Sanitary Sewer and Watermain Extension to Serve the Crystal Springs Subdivision Area." The project was constructed under the City of Rochester Water Quality Protection Program (WQPP). Under the WQPP each property owner is required to enter into a Utility Connection Agreement prior to connecting their property to the city sewer and water systems. The Agreement identifies the charges that the owner is required to pay to the City for the right to connect to the city sewer and water systems. The Agreement states that no payment of the charges is required nor is interest charged until May 5, 2006. In the Agreement the owners agree to have payment of their charges considered delinquent pursuant to Rochester Code of Ordinance Chapter 28 and assessed against their property as an "unpaid charge". The property owners waive their right to a notice and hearing of the levying of the "unpaid charges" as an assessment. This RCA is prepared for the purpose of adopting a Resolution establishing the Sanitary Sewer and Watermain Connection Charge Rates and the Sewer and Water Service Charge rates for the project, and to adopt a Resolution levying the "unpaid charges" as assessments. The rates for the project are as follows: Sanitary Sewer and Watermain Connection Charge $ 106.86 per foot of frontage Sewer and Water Service Connection Charge $1,500.00 per service connection Unpaid Charges An amount of $342,095.32 for project J9787, an amount of $4,050,00 for J9598 (SAC) and an amount of $5,400.00 for J9603 (WAC) remain as "unpaid charges". Notice of Assessment will be mailed by the City Clerk to each property owner informing them of their payment obligations. The Notices will indicate that payment can be made with no interest charged if payment is received within 30 days of the date of Notice. If the owner chooses to have the "unpaid charges" placed on their property taxes or does not make payment within 30 days of the date of notice then interest will be charged from May 5, 2006. COUNCIL ACTION REQUESTED: 1. Adopt a resolution to establish the project Sanitary Sewer and Watermain Connection Charge rate of $106.86 per foot of frontage, and a Sewer and Water Service Charge rate at $1,500.00 per service. 2. Adopt resolution levying the "unpaid charges" for projects J9787, J9598 and J9603 as assessments. Interest will be charged at 7.5% annually on the "unpaid" balance consistent with the terms and conditions of the Water Quality Protection Program and the Utility Connection Agreements. Attachment: Budget Data Sheet COUNCIL ACTION: Motion by: Second by. to ENDA SECTION: CONSENT AGENDA REQUEST FOR COUNCIL ACTION MEETING ):: DATE: 11 /6/06 ORIGINATING DEPT: Public Works ITEM DESCRIPTION: Assessment of "Unpaid Charges": Sanitary Sewer a to Serve Kahouns, J9786 ITEM NO. 1 in P� EPARED BY: 11AA. Loehr , The final projects quantities and costs for the following local improvement projecfhave been determined: Project No. M1-25, J9786 "Sanitary Sewer and Watermain Extension to Serve the Kahouns Subdivision Area." The project was constructed under the City of Rochester Water Quality Protection Program (WQPP). Under the WQPP each property owner is required to enter into a Utility Connection Agreement prior to connecting their property to the city sewer and water systems. The Agreement identifies the charges that the owner is required to pay to the City for the right to connect to the city sewer and water systems. The Agreement states that no payment of the charges is required nor is interest charged until May 5, 2006, In the Agreement the owners agree to have payment of their charges considered delinquent pursuant to Rochester Code of Ordinance Chapter 28 and assessed against their property as an "unpaid charge". The property owners waive their right to a notice and hearing of the levying of the "unpaid charges" as an assessment. This RCA is prepared for the purpose of adopting a Resolution establishing the Sanitary Sewer and Watermain Connection Charge Rates and the Sewer and Water Service Charge rates for the project, and to adopt a Resolution levying the "unpaid charges" as assessments. The rates for the aroiect are as follows: Sanitary Sewer and Watermain Connection Charge $ 106.79 per foot of frontage Sewer and Water Service Connection Charge $1,500.00 per service connection Unpaid Charges An amount of $322,053.46 for project J9786, an amount of $7,125,00 for J9598 (SAC) and an amount of $9,500.00 for J9603 (WAC) remain as "unpaid charges". Notice of Assessment will be mailed by the City Clerk to each property owner informing them of their payment obligations. The Notices will indicate that payment can be made with no interest charged if payment is received within 30 days of the date of Notice. If the owner chooses to have the "unpaid charges" placed on their property taxes or does not make payment within 30 days of the date of notice then interest will be charged from May 5, 2006, COUNCIL ACTION REQUESTED: 1. Adopt a resolution to establish the project Sanitary Sewer and Watermain Connection Charge rate of $106.79 per foot of frontage, and a Sewer and Water Service Charge rate at $1,500.00 per service. 2. Adopt resolution levying the "unpaid charges' for projects J9786, J9598 and J9603 as assessments. Interest will be charged at 7.5% annually on the "unpaid" balance consistent with the terms and conditions of the Water Quality Protection Program and the Utility Connection Agreements. Attachment: Budget Data Sheet COUNCIL ACTION: Motion by: Second by to: ENDA SECTION: CONSENT AGENDA REQUEST FOR COUNCIL ACTION MEETING DATE: ORIGINATING DEPT: ITEM NO. Public Works { ITEM DESCRIPTION: Assessment of "Unpaid Charges": Sanitary Sewer a to Serve Oslo Court NE, J7707 r 11 /6/06 PREPARED BY: 11Aa J. Loehr n, The final projects quantities and costs for the following local improvement project have been determined: Project No. M2-33. J7707 "Sanitary Sewer to Serve Lots 1-3 and Lots 11-13 in Osjor Estates 3'd Subdivision Located on Oslo Court NE." The project was constructed under the City of Rochester Water Quality Protection Program (WQPP). Under the WQPP each property owner is required to enter into a Utility Connection Agreement prior to connecting their property to the city sewer and water systems. The Agreement identifies the charges that the owner is required to pay to the City for the right to connect to the city sewer and water systems. The Agreement states that no payment of the charges is required nor is interest charged until June 16, 2006. In the Agreement the owners agree to have payment of their charges considered delinquent pursuant to Rochester Code of Ordinance Chapter 28 and assessed against their properi"s an "unpaid charge". The property owners waive their right to a notice and hearing of the levying of the "unpaid charges" as an assessment. This RCA is prepared for the purpose of adopting a Resolution establishing the Sanitary Sewer and Watermain Connection Charge Rates and the Sewer and Water Service Charge rates for the project, and to adopt a Resolution levying the "unpaid charges' as assessments. The rates for the project are as follows: Sanitary Sewer Connection Charge Sewer Service Connection Charge $15,219.27 per connection $ 750.00 per service connection Unpaid Charges An amount of $50,000.00 for project J7707 remains as "unpaid charges". Notice of Assessment will be mailed by the City Clerk to each property owner informing them of their payment obligations. The Notices will indicate that payment can be made with no interest charged if payment is received within 30 days of the date of Notice. If the owner chooses to have the "unpaid charges' placed on their property taxes or does not make payment within 30 days of the date of notice then interest will be charged from June 16, 2006. COUNCIL ACTION REQUESTED: 1. Adopt a resolution to establish the project Sanitary Sewer Connection Charge rate of $15,219.27, and a Sewer Service Connection Charge rate at $750.00 per service. 2. Adopt resolution levying the "unpaid charges" for projects J7707 as assessments. Interest will be charged at 7.5% annually on the "unpaid" balance consistent with the terms and conditions of the Water Quality Protection Program and the Utility Connection Agreements. Attachment: Budget Data Sheet COUNCIL ACTION: Motion by Second to: REQUEST FOR COUNCIL ACTION MEETING DATE: 1116/06 ENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works L ITEM DESCRIPTION: Assessment of "Unpaid Charges": Sanitary Sewer and Watermain P EPARED BY: f r to Serve Cedar Park, J9790 J. Loehr The final projects quantities and costs for the following local improvement project have been determined: Project No. M1-29, J9790 "Sanitary Sewer and Watermain Extension to Serve the Cedar Park Subdivision Area." The project was constructed under the City of Rochester Water Quality Protection Program (WQPP). Under the WQPP each property owner is required to enter into a Utility Connection Agreement prior to connecting their property to the city sewer and water systems. The Agreement identifies the charges that the owner is required to pay to the City for the right to connect to the city sewer and water systems. The Agreement states that no payment of the charges is required nor is interest charged until May 5, 2006. In the Agreement the owners agree to have payment of their charges considered delinquent pursuant to Rochester Code of Ordinance Chapter 28 and assessed against their property as an "unpaid charge". The property owners waive their right to a notice and hearing of the levying of the "unpaid charges" as an assessment. This RCA is prepared for the purpose of adopting a Resolution establishing the Sanitary Sewer and Watermain Connection Charge Rates and the Sewer and Water Service Charge rates for the project, and to adopt a Resolution levying the "unpaid charges" as assessments. The rates for the project are as follows: Sanitary Sewer and Watermain Connection Charge $ 105.40 per foot of frontage Sewer and Water Service Connection Charge $1,500.00 per service connection Unpaid Charges An amount of $31,850.16 for project J9790 remains as "unpaid charges". Notice of Assessment will be mailed by the City Clerk to each property owner informing them of their payment obligations. The Notices will indicate that payment can be made with no interest charged if payment is received within 30 days of the date of Notice. If the owner chooses to have the "unpaid charges" placed on their property taxes or does not make payment within 30 days of the date of notice then interest will be charged from May 5, 2006, COUNCIL ACTION REQUESTED: 1. Adopt a resolution to establish the project Sanitary Sewer and Watermain Connection Charge rate of $105.40 per foot of frontage, and a Sewer and Water Service Charge rate at $1,500.00 per service. 2. Adopt resolution levying the "unpaid charges" for projects J9790 as assessments. Interest will be charged at 7.5% annually on the "unpaid" balance consistent with the terms and conditions of the Water Quality Protection Program and the Utility Connection Agreements, Attachment: Budget Data Sheet COUNCIL ACTION: motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11/6/06 . —ENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works ITEM DESCRIPTION: Supplemental Agreement #1 Hadley Valley Trunkline Sanitary Sewer Phase 2, J7744 PREPARED BY: J. Loehr The City previously entered into a contract with A-1 Excavating for the construction of trunkline sanitary sewer in a project described as follows: City Project No: M2-42-2-05 J7744 "Hadley Valley Trunk Sanitary Sewer to Serve Sewer Service Area 29A Phase 2." SA #1: The plan and specification provide for the construction of 42" trunkline sanitary sewer 70 feet east of the centerline of East River Road from the south line of RPU property to a location approximately 3400 feet north to serve development in Hadley Valley. The alignment was chosen as a future East River Road improvement project is anticipated and Public Works did not desire that the City incur the cost of restoring the roadway at this time. Future development along East River Road will be located on the east side of the roadway (Foster Arends Park and Mathy quarry are located on the west side of the road). A 40+ acre parcel of property located directly north of RPU property will be developed in the near future. The installation of watermain along East River Road to serve the 40+ acre parcel at a future date will require the excavation and restoration of the area. The Engineer deems it appropriate to install watermain across the frontage of the 40+ acre parcel in conjunction with the trunkline sanitary sewer project. The Department of Public Works negotiated an amount of $75,801.00 as compensation to A-1 Excavating for the watermain work. The cost to construct the watermain will be funded by RPU for oversize watermain costs and the cost to construct watermain across approximately 340 feet of RPU property frontage. The remainder of the watermain cost will be recovered from the 40+ acre parcel as a watermain connection charge when the property is developed. COUNCIL ACTION REQUESTED: 1. Adopt a resolution authorizing payment of Supplemental Agreement #1 in the amount of $75,801.00. Attachment: Supplemental Agreement #1 COUNCIL ACTION: Motion by: Second by: to. REQUEST FOR COUNCIL ACTION / f.. MEETING f DATE: 11 /06/06 "GENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: Public Works ITEM NO. b --c/ ITEM DESCRIPTION: AWARD OF CONTRACT: (J2261) PREPARED BY: Asbestos Abatement and Demolition of Buildings located at 1330 R. Kelm & 1332 7tn Street NW Bids were received and opened after 11:00 a.m., October 25, 2006 for the following local improvement. Project: City Project No: J2261 Demolition of Buildings located at 1330 & 1332 7t" Street NW, Lot 1 Auditor's Plat D Project Background The roadway connection of 16tn Ave NW from Civic Center Drive to 7tt' Street NW project was included in the 2004-2009 Capital Improvement Program (item 13, page 32). The City purchased the property, land and associated buildings, in anticipation of the roadway project. The final scope of the roadway project was eventually reduced to constructing only the southerly half in 2004. The northerly half of the project has remained unfinished and the existing property has deteriorated overtime. These buildings located at 1330 & 1332 71n Street NW have been scheduled for demolition. The City authorized McGhie & Betts to complete an environmental Asbestos and Hazardous Material report on May 01, 2006. The report completed on Aug 30, 2006, states that the removal of asbestos containing building materials will be required prior to demolition. The demolition project is to be funded from J2261. The following bids were received:12 =W Total Bid ; 1. Blue Earth Environmental $ 73,331.00 1 I , 2. Fraser Construction Co. $ 79,938.00 3. Bob Braaten Constr. $ 92,525.04 4.. Landwehr Construction Inc $ 96,180.40 5..MJ Nelson Asphalt $104,908.00 It 6gJ1 ]I�Slf tNWl Engineers Estimate $ 88,291.00 6 Project Recommendation: The Public Works Department recommends the City Council proceed with an award to the low bidder. COUNCIL ACTION REQUESTED: Adopt a resolution awarding the contract, (J2261) Demolition of Buildings located at 1330 & 1332 71h Street NW, Lot 1 Auditor's Plat D to Blue Earth Environmental. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING /// el DATE: 11/06/06 GENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works_- ITEM DESCRIPTION: Engineering Service Agreement: (J9856), (J7226), & (J6007) PREPARED BY: Preliminary Analysis and Design Services for 41 st Ave NW and F3 (Celm Members Parkway NI�N� 0 This is a proposal by Short Elliott Hendrickson Inc (S.E.H.) to provide professional engineering services for Preliminary Analysis and Design for the following local improvement project: Project Name & Numbers: Main Proiect: City Project No: M1-88 (J9856) Construct 4151 Ave NW connection between Members Parkway & 55th St NW at West Circle Drive And related subprojects: City Project No: M4-22 (J7226) Construct connection from Members Parkway to NW Plaza. City Project No: (J6007) Relocate Traffic Signal on CSAH 22 from 551n St NW to 41 s' Ave NW. Proiect Background The projects above will be contracted as a combined bid for construction and staging. The Street project is included in the 2006-2011 Capital Improvement Program category for Major Streets (item 19, page 36). The Signal project is included in the 2006-2011 Capital Improvement Program category for Traffic Signals (item 19, page 44). SEH is familiar with the City's requirements for the preparation of Preliminary Analysis and Design required to design the roadway and signal relocation project. Therefore, the Department of Public works recommends that Short Elliott Hendrickson Inc be retained by the City to provide Preliminary Project Analysis and Design for the project. Compensation for the Preliminary Analysis and Design is based on an actual cost and expense fee structure. SEH estimates that this phase of the project analysis $194,400.00. Final Design plan and specification preparation will be determined later after conceptual layout plans are reviewed and approved. Compensation for the Final Design services is proposed at a "Lump Sum" amount as negotiated for the project. The "Lump Sum' amount will be based on the extent of engineering services required for the project. COUNCIL ACTION REQUESTED: A resolution should be adopted authorizing the City Clerk to execute the Engineering Service Agreement for project J9856 to Short Elliott Hendrickson Inc to provide Preliminary Analysis and Design engineering services as follows: 1. Preliminary Analysis and Design (actual cost and expense fee structure). 2. Final Design Services ("Lump Sum" as negotiated by the Department of Public Works and approved by the City Administrator). Attachment: Location Map Short Elliott Hendrickson Inc Letter of Proposal COUNCIL ACTION: Motion by: Second by: to: 0 Project Location Map For Combined Projects City Project No: M1-88 (J9856) Construct 4V' Ave NW connection between Members Parkway & 55th St NW at West Circle Drive City Project No: (J6007) Relocate Traffic Signal on CSAH 22 from 551' St NW to 41s` Ave NW. C City Project No: M4-22 (J7226) Construct connection from Members Parkway to NW Plaza. REQUEST FOR COUNCIL ACTION MEETTNG AGENDA SECTION: ORIGINATING DEPT: Water Reclamation Plant ,.TEM DESCRIPTION. Contract Award Generator No. 2 ITEM NO: J— 41, PREPARED BY: { Lvle J. Zimmermah The Water Reclamation Plant has two engine generators that utilize methane gas produced as a byproduct in the treatment process. The units use digester gas to generate power, thus reducing the plant's electrical costs. Waste heat is also recovered from the engines to heat the anaerobic digesters and for building heat in the winter. Two 400 KW units were installed as part of the major expansion project in the early 1980's. One of the units failed in 2002 and was replaced with a 1000 KW unit in 2003. The second unit is nearing its useful life and is in need of a major overhaul. During the design process it was discovered that a gas scrubbing system will be required for both generators. Changes in the manufacturing of many consumer products has resulted during the last decade in a large increase in a compounds called siloxanes that end up in the gas produced in anaerobic digesters. The engineers researched removal systems and have included the installation of one of these systems with the design of this project. Bids were received on October 24, 2006 for the replacement of Generator No. 2 and for the installation of a Siloxane Scrubbing system and were as follows: Foster Electric Co. Rochester, MN $2,300,000.00 Shank Constructors, Inc. Brooklyn Park, MN $1,891,100.00 Shank Constructors, Inc. is one of the primary mechanical subcontractors on the 2004 Plant Expansion and Upgrade projects and they were the general contractor on another previous WRP project that involved mainly mechanical work. Shank Constructors, Inc. is qualified to do this work and it is recommended that they be awarded a contract for the Engine Generator No. 2 Replacement Project. The replacement of Engine Generator No. 2 was planned for in the Capital Improvements Programs for 2005 and 2006. Council Action Requested: It is requested that Shank Constructors, Inc. of Brooklyn Park, MN be award a contract for the Engine Generator No.2 Replacement Project for their bid amount of $ 1891,100.00 (Project J4399) COUNCIL ACTION: Motion by: Second by: To REQUEST FOR COUNCIL ACTION MEETING DATE: 11 /6/06 GENDA SECTION: ORIGINATING DEPT: ITEM jNO. CONSENT Public Works ►i/ ,' ITEM DESCRIPTION: Legislative Citizens Commission on Minnesota Resources PREPARED BY: Calcareous Fen Grant Application k)lr B. Huberty In 2004, the Council authorized the submittal of a grant to the Legislative Commission on Minnesota Resources to develop cost-effective and timely methods to predict the locations of calcareous fens and significant groundwater discharge sites in rapidly urbanizing areas. This is needed to prevent unwitting development and infrastructure design decisions that could negatively impact both the development and the protected natural resources, while facilitating a more timely development process. At that time, the Cityand its partners did not receive a grant. Applications are now due for a new round of grant applications. In the 2007 grant guidelines, LCCMR has specifically noted fens as a grant topic of interest. Therefore, City staff again recommend seeking funding from the LCCMR to develop cost-effective and timely methods to predict the locations of calcareous fens and significant groundwater discharge sites in rapidly urbanizing areas. This grant source does not require an in -kind or monetary matching contribution, and as a result, is highly competitive. The rare occurrence of calcareous fens and the unique character of their plant and animal communities has led to state lawthat classifies them as an Outstanding Resource Value Water that must receive special protection under the Wetland Conservation Act and MPCA MS4 storm water permits (required of Olmsted County, the City of Rochester, and Marion, Cascade, Haverhill, and Rochester Townships). Current information regarding the location of these specially protected wetlands is sparse and therefore can lead to difficulties in administering the Wetland Conservation Act. When fens are identified late in the process, they can create delays in infrastructure expansions or developments. Similarly, insufficient location information can result in the inadvertent and unintentional loss of these unique resources. The objectives of the project are to: • Create maps that address locations of fen probability and ground water discharge. • Develop technical guidelines to stimulate environmentally sensitive development choices that sustain ground water quality and fens. • Develop vegetative management guidelines for calcareous fens. COUNCIL ACTION REQUESTED: Adopt a resolution confirming Council support for the submittal of a cooperative grant application to the Legislative Commission on Minnesota Resources by November 14, 2006 to meet the objectives described above. COUNCIL ACTION: motion Second by: to: H:lrens\LCCMR RC.A.DOC do REQUEST FOR COUNCIL ACTION MEETING DATE: 11-06-06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA PLANNING f S EM DESCRIPTION: Orderly Annexation #06-07 by Gary Vandal. The applicant is PREPARED BY: proposing to annex approximately 25.12 acres of land located along the south side of John Harford, Pinewood Road, SE and east of Pinewood Ridge subdivision, Section 17, Marion Senior Planner Township. November 6, 2006 Planning Department Recommendation. See attached staff report, dated November 3, 2006. As part of the Orderly Annexation Agreement, property taxes payable on annexed land shall continue to be paid to the Town of Marion for the entire year in which the annexation becomes effective. If the annexation becomes effective on or before August 1 of a levy year, based on the date specified in the order from the Minnesota Municipal Board, the City may levy on the annexed areas beginning with that levy year. If the annexation becomes effective after August 1 of a levy year, the Town may continue to levy on the annexed area for that levy year. Thereafter property taxes on the annexed land shall be paid to the City. The Township Taxes due on this property are $145.30. Attachments 1. Staff report, dated November 3, 2006. Distribution. 1. City Administrator 2. City Clerk: Filing Fee 3. City Attorney: Legal Description Attached 4. City Finance Director: Tax Information Attached 5. Planning Department File 6. Applicant: This item will be considered sometime after 7:00 p.m. Chambers at the Rochester / Olmsted County Government Center. on Monday, November 6, 2006, in the Council COUNCIL ACTION: Motion by: second by: to: V11 CA W w 0 6W- 2 Ar I J c c� oM - m � Yo f O I 0 --• Aj.T' 1 v V Y — ii4.T' I v I r ' 91 / o N v A O a W ✓ �� O 1e7,0' rr r v 9 Imo` T0T.99' - y� 3r41TCD ' I or 7 N w 6 D y• J Y ` J �I to 1 1 H 1 — O x I INN m I 1 I •!N A �r 54130' n jN I d(< 4 O �J —� /I I I 4)a pG' r i I �� 447.77'�su) iR DtrD Z5e-rea•J I e ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 cou„,, p, www.olmstedcounty.com/planning TO: Rochester Common Council FROM: John Harford, Senior Planner DATE: November 3, 2006 No.- N�p� �11�I�17 y RE: Orderly Annexation #06-07 by Gary Vandal. The applicant is proposing to annex approximately 25.12 acres of land located along the south side of Pinewood Road, SE and east of Pinewood Ridge subdivision, Section 17, Marion Township. Plannina Department Review: Applicants/Owners: Gary Vandal 2815 24`h Ave., SE Rochester, MN 55904 Existing Land Use: This property is currently unplatted land with one existing dwelling located on the property. Size: The property proposed for annexation is approximately 25.12 acres. Existing Zoning: Though this property is not currently within the City limits, it is within the Orderly Annexation Agreement area with Marion Township for which the City of Rochester has extraterritorial land use and zoning controls. The property is zoned R-1 (Mixed Single Family Residential) district on the Rochester Zoning Map. Future Zoning: Upon annexation, the property will be zoned R-1 (Mixed Single Family Residential) district on the Rochester Zoning Map. Land Use Plan: This property is designated for "Low Density Residential" uses on the Rochester Urban Service Area Land Use Plan. Adjacency to the Municipal The area proposed for annexation is permitted, according to Limits: the Joint Resolution for Orderly Annexation between the City of Rochester and the Townboard of Marion (Area #3), Paragraph 7 (c) a landowner seeks to develop a residential, Commercial, industrial, or governmental use on land which is platted or subdivided or which is proposed to be platted or subdivided for development at a density of more than one unit per 40 acres. In such instance, review by the Rochester Planning and Zoning Commission shall not be required prior to the City acting upon said petition. BUILDING CODE 507/285-8345 - GIS/ADDRESSING/MAPPING 507/285-8232 - HOUSING/HRA 5071285-8224 .—V PIANNING20NING 507/285-8232 - WELUSEPTIC 507/285-8345 FAX 507/287-2275 AN EQUAL OPPORTUNITYlAFFIHMATIVE ACTION EMPLOYER Page 2 Annexation #06-07 Gary Vandal November 3, 2006 Sewer & Water Services: Not known. Insufficient time to obtain information. Utilities: Pursuant to Minnesota Statutes 414.033 (subd.13), a municipality must notify a petitioner that the cost of electric utility service may change if the land is annexed to the municipality. A notice has been provided to the applicant. Townboard Review: Townboard review is not required for this annexation. Report Attachments: 1. Annexation / Location Map Staff Recommendation: Section 7, Paragraph (c) of the Joint Resolution for Orderly Annexation (Marion Area # 3) between the City of Rochester and Townboard of Marion allows a landowner seeks to develop a residential commercial, industrial, or governmental use on land which is platted or subdivided or which is proposed to be platted or subdivided for development at a density of more than one unit per 40 acres. In such instance, review by the Rochester Planning and Zoning Commission shall not be required prior to the City acting upon said petition. Staff recommends that the City adopt a resolution annexing the property. REQUEST FOR COUNCIL ACTION MEETING DATE: 11/6/06 J AGENDA SECTION: J CONSENT AGENDA ..'EM DESCRIPTION: Owner Contract — Public Subdivision — J5227 ORIGINATING DEPT: ITEM NO. Public Works 1 A.4 to Serve Badger Hills Third PREPARED BY: M.Baker , Staff would offer the following Owner Contract project for consideration by the Council: Badger Hills LLC (Owner) & Road Constructors, Inc. (Contractor) are requesting a City / Owner Contract J5227 consisting of construction of the "Public Improvements to Serve Badger Hills Third Subdivision' COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J5227, "Public Improvements to Serve Badger Hills Third Subdivision". COUNCIL ACTION: Motion by: Second by to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11/06/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY CLERK 50 M 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. ANNUAL BINGO -PREMISE PERMIT Rochester Senior Center Foundation At Circus World Bingo 2828 East Frontage Road NW Hwy 52 North Rochester, MN 55901 COUNCIL ACTION REQUESTED: A motion to approve the above licenses, bonds and miscellaneous city activities. 1UNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11/06/06 AGENDASECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda Public Works -5 ITEM DESCRIPTION: Resolution for Assessment Projects PREPARED BY: M. Nigbur"%, The City staff has forwarded several projects to the City Council for levying of assessments. At the direction of the City Attorney's Office it has been recommended that the City Council authorize the levying of the assessment through formal resolution. The following projects should have a resolution prepared for this authorization: J4609 — New construction of sidewalk at various locations J6530 — Remediate water infiltration for Southwood Townhomes J7237 — Alley Reconstruction in 500 block from 91h Ave to 101h Ave SW J7743 — Reconstruct 71h Street NW — 7th to 131h Ave J7749 — Construction of 1" Avenue SW — 2M Street to Center Street J9712 — Reconstruct 7'' Street NW — N Broadway to Cascade Creek J9793 — Contribution Agreement for Stonebrook Development J6539 — Rossi Ct. Drainage The Council has previously taken action to authorize this work and assess the costs. COUNCIL ACTION REQUESTED: By resolution authorize the City to levy the assessments associated with the above noted projects. t;OUNCIL ACTION: motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11 /6/06 3ENDA SECTION: I ORIGINATING DEPT: Public Hearings Finance ITEM NO. ITEM DESCRIPTION: PREPARED BY: Consenting to the City of Plainview Issuing Revenue Bonds on behalf D. Martinson of YMCA for a project to be located in Rochester. The City of Plainview has been asked to issue conduit revenue bonds in an amount not to exceed $3.1 million on behalf of the Rochester YMCA. Minnesota Statutes, Section 469.153, Subdivision 3 requires that the City approve of the such tax exempt issues if the monies are to be used for a project located within the City's boundaries. Monies from the bond issue would be used to: (i) finance a portion of the costs of construction of an expansion of approximately 9,800 square feet onto their existing 77,000 square foot facility located at 709 First Avenue Southwest., Rochester, Minnesota 55902(the "Project"), and (ii) pay the costs of issuing the Note. The Project will be owned by the Borrower. The City does not participate in the issuance of these bonds, and is making no recommendation to the City of Plainview to issue the bonds. The City would have no obligation whatsoever with respect to the bonds or the project. The City's bond counsel has reviewed the proposed resolution consenting to the issuance and has made minor amendments to further protect the City. City staff recommends consenting to the proposed financing. Council Action Requested Adoption of the prepared resolution consenting to the financing of the project for Rochester's YMCA. COUNCIL ACTION: Motion by, second by: to. REQUEST FOR COUNCIL ACTION MEETING DATE: 11/6/06 SECTION: PUBLIC HEARINGS ORIGINATING DEPT: CITY ADMINISTRATOR C ITEM DESCRIPTION: DISORDERLY USE PROPERTY VIOLATIONS AT 113 10`" ST. PREPARED BY: NW AND OWNED BY ROGER ENGHOLM T. SPAETIW On October 10, 2006, the Rental Housing Complaint Board held a public hearing relating to the property located at the above mentioned address, in which there have been 3 disorderly use violations cited within the past year. (There have been 4 disorderly use notices sent to the owner between 8/8/06 and 9/20/06). After taking testimony, the Board recommended scheduling this item for a public hearing in front of the Council. Based upon the following: • Documentation related to the 4 disorderly use incidents • Neighborhood resident testimony • Staff testimony The fact the owner does not have a valid rental certificate for this property • The fact that the owner has not participated in a crime free multi family housing workshop COUNCIL ACTION REQUESTED: Council conduct a public hearing and determine what remedial actions under the provisions of RCO 38.153 be taken. ATTACHMENTS: 1. Rental Housing Complaint Board minutes from 5/10/06. 2. Copy of RCO 38.150 — 38.154 NOTE TO COUNCIL: The Disorderly Use background information has been sent separately to the Council. e Co dc'�� ,rL 1t�2t43 k-j i'l-t IL L1°° 11 �yT7� IIIIp �l �tlg f ' '� -, JAI COUNCIL ACTION: Motion by: second by: to: r. CITY ADMINISTRATOR'S OFFICE MEMORANDUM DATE: October 11, 2006 TO: Mayor and Common Council CC: Dave Goslee, Darrell Hildebrandt, Ron Boose, Rich Wright FROM: Terry A. Spaeth SUBJECT: Rental Housing Complaint Board Meeting Minutes from October 10, 2006, 3:30 PM meeting for the property located at 113 101h Street NW, owned by Roger Engholm. Members Present: Mayor Brede, Council President Dennis Hanson, Councilmember Bob Nowicki Staff Present: Terry Spaeth, City Administration; Dave Goslee, City Attorney's Office, Ron Boose, Building Safety Dept., Darrell Hildebrandt, Police Dept., Rich Wright, City Attorney's Office Others Present: A number of neighborhood residents attended the meeting. It should be noted the property owner (Mr. Engholm) was not in attendance. On October 10, 2006, the Rental Housing Complaint Board held a public hearing related to the disorderly use violations on the property located at 113 101h Street NW in Rochester and owned by Roger Engholm. The following is a synopsis of the testimony received by the Board: Council President Hanson opened the public hearing. Councilmember Nowicki indicated that he had been regularly attending the Northrup Neighborhood Association meetings and understands the concerns that the neighboring property owners have regarding this property and what has been going on over there. Cora Day — Neighborhood resident Ms. Day indicated that the problems started back in June and have been going on since then. The problems have been related to the tenants drinking and partying nearly every day at all hours of the night. There has been drunkenness, disorderly conduct, and loud noise going on there regularly. She indicated the yard and property has not been kept up. She believes that the present owner (Mr. Engholm) obtained the property back in June, and wasn't aware of the condition of the property. Bill Vandeberg — Neighborhood resident Mr. Vandeberg believes the property is presently vacant. He reiterated the various problems related to drinking and partying going on at this property. He indicated that he believes the owner is now trying to clean the property up so that it may be rented out again. Trade Johnson — Neighborhood resident Ms. Johnson indicates she lives across the street from 113 & 115 101h St. NW. She believes that Mr. Engholm owned the property with the problem tenants. She indicated 113 is presently vacant, but that some of those tenants have moved next door to 115 10`h St. NW. She indicated that she has experienced property damage and has had to deal with the underage drinking problem firsthand. Darrell Hildebrandt — Rochester Police Dept. Crime Prevention Unit Mr. Hildebrandt provided a review of the various incidents of disorderly use at 113 16' St. NW. He indicated that after the 2otl notice, Mr. Engholm provided a note that indicated he would take action to evict the tenants as soon as possible. Mr. Hildebrandt indicated that this did not really constitute a plan of action as required under the disorderly use ordinance. Mr. Hildebrandt indicated that it was his opinion that Mr. Engholm has not conducted criminal background checks on tenants. Mr. Hildebrandt indicated there is presently not a valid rental certificate for this property, and that Mr. Engholm has not attended a crime free multi housing workshop. Mr. Hildebrandt indicated that the Building Safety Department will need to reinspect the property prior to the property being rented out again. He also stated that at this time, they have not been notified of any disorderly uses at the neighboring property at 115 1e St. NW, but that he will pass it on to the officers to keep an eye on this property. Ron Boose — Building Safe Mr. Boose stated there is no valid rental certificate for this property. Notice was sent to the owner back in July. The owner was to comply with order and have reinspection completed by September 6"'. Mr. Engholm has not yet complied, and that their Department has had complaints regarding the condition of the property. Inspectors have sent notices to Mr. Engholm, but no compliance has yet been achieved. Mr. Boose stated that an inspection is scheduled for 10/12/06. Mr. Boose indicated that he had just driven by the property, and does not feel it is in very good condition at this point. Dennis Hanson — Council President Council President Hanson feels a public hearing before the Council is warranted in this instance, based upon the evidence and testimony presented to the Board, and the fact that the owner does not have a valid rental certificate and has not attended a crime free multi housing workshop. Mayor Brede and Councilmember Nowicki concurred with the recommendation to forward this matter as a public hearing before the Council. Mr. Spaeth indicated that this item will be scheduled for the November 6, 2006 Council meeting. The meeting adjourned at 4:15 P.M. 38.150 Legislative Intent. It is declared to be the purpose and intent of Sections 38.151 through 38.153 to protect and preserve this city's neighborhoods and the public health, safety, welfare and morals of those who live there. The Rochester Common Council determined that: (1) there are persons residing in rental property in Rochester engaging in disorderly conduct which results in a hostile environment for other Rochester citizens living close to the rental property; (2) there is currently no city ordinance which provides a formal procedure by which the City can notify a rental property owner or manager of the disorderly conduct occurring on the property; (3) there is currently no procedure by which the City can require a rental property owner or manager to respond to and resolve the occurrences of disorderly conduct occurring on his or her rental property and to take administrative action against his or her rental registration certificate or right to obtain a rental registration certificate should he or she fail to do so. Accordingly, it is the intent of Sections 38.151 through 38.153 to address the serious and, at times, life threatening problems posed by the occurrence of disorderly conduct to the health and safety of all Rochester residents in all portions of this city. At the same time, the Common Council recognizes, acknowledges, and complies with all due process and property rights enjoyed by those who own or manage rental property as well as those who reside in such property. This ordinance represents the City's good faith effort to balance those competing and legitimate interests. 38.151 Definitions. For purposes of Sections 38.151 through 38.153, the following terms shall have the meanings ascribed to them. "Appropriate action" shall mean that action which a reasonable rental property owner would take based upon the facts and circumstances of each case so as to prevent a reoccurrence of the disorderly use. "License" shall mean a registration certificate or the right to receive a registration certificate as required by this chapter. "Rental property owner" shall mean one who holds the license or who is otherwise obligated to obtain and f1 � maintain the license as required by this chapter. "Licensed Premises" or "Premises" shall mean the property owned, operated, or managed by a rental property owner and shall refer to an individual unit within a multi -unit complex when applicable. "Disorderly" or "Disorderly Use" shall mean that conduct occurring on the "Licensed Premises" or `Premises" which violates a provision of Section 38.152(2). 38.152 Conduct on Licensed Premises. Subdivision 1. Any rental property owner shall be responsible to take appropriate action against persons occupying specific units in the licensed premises or premises who conduct themselves in such a manner as to cause the premises to be disorderly in violation of the statutes or ordinances listed in Subdivision 2. For purposes of this Chapter, the term "persons occupying the premises" shall include tenants as defined by Minn. Stat. § 566.18, and those persons on the licensed premises whose presence the tenant has invited or to which the tenant has acquiesced. Violations of this section apply to individual units within buildings or complexes containing multiple units when the conduct occurs within a unit. Violations of this section by persons occupying specific units that occur within a common area of the licensed premises shall apply both to the individual unit and to the common area of the licensed premises. Subd. 2. The following ordinances and statutes are applicable to this section: a) Section 85.01 of the Rochester Code of Ordinances prohibiting prostitution; b) Section 85.02 of the Rochester Code of Ordinances prohibiting indecent conduct; c) Section 85.04 of the Rochester Code of Ordinances prohibiting participation in a disorderly house; d) Minnesota Statutes Sections 617.23 through 617.299 prohibiting obscenity; e) Section 85.10 of the Rochester Code of Ordinances prohibiting loud parties or gatherings or other unnecessary loud noises; f) Section 34.20-34.27 of the Rochester Code of Ordinances prohibiting overcrowding; g) Minnesota Statutes Sections 609.75 through 609.76 which prohibit gambling; h) Minnesota Statutes Sections 152.01 through 152.025 and Section 152.027, Subdivisions 1 and 2, which prohibit the unlawful sale or possession of controlled substances; i) Minnesota Statutes Chapter 340A which prohibits the unlawful sale, use or possession of alcoholic beverages; j) Minnesota Statutes Section 9713.021, 976.045, 609.66 through 609.67 and 624.712 through 624.716, which prohibit the unlawful possession, transportation, sale, or use of a weapon; k) Minnesota Statutes Section 609.72 which prohibits disorderly conduct; or, 1) Minnesota Statutes Sections 609.221, 609,222, 609.223, 609.2231, and 609.224 which prohibit assaults, except that domestic assaults, as the same are defined by state law, are not included herein. Subd. 3. The police or Director shall be charged with the responsibility of enforcing Subdivision 2. Subd. 4. Upon determination by the police or housing inspector that the licensed premises were involved in a disorderly use, the police shall notify the license holder by regular mail of such violation and direct the license holder to take appropriate action to prevent further violations. Notice shall be effective if mailed to the license holder at that person's last known address. This and subsequent notices are collectively referred to as disorderly use notices. Subd. 5. If another instance of disorderly use on the premises occurs within 12 months of an incident for which a prior disorderly use notice was given, the license holder shall be notified of the instance of disorderly use and shall also be required to submit a written report of appropriate actions taken by the rental property owner to prevent further disorderly use of the premises. This written report shall be submitted to the police within five days of the notice of disorderly use of the premises and shall, in addition to the report of appropriate actions to be taken, detail all actions taken by the rental property owner in response to all notices of disorderly use of the premises within the preceding 12 months. Failure to submit the written report as required herein shall be a basis for the imposition of a fine and r =7� the revocation or suspension of the license or right to receive the license for the specific units or units located on the licensed premises as otherwise provided for in this chapter. Subd. 6a. If another instance of disorderly use of the premises occurs within 12 months of two or more prior disorderly use notices, the license or right to obtain such license may be revoked or suspended for a specific unit or units located on the licensed premises. If the notice of violation has been issued with respect to a common area of a building or complex of buildings then the license or right to obtain such license as to all units in such building or complex may be suspended or revoked. Subd. 6b. If another instance of disorderly use of the premises occurs within 12 months of the expiration of a prior suspension issued pursuant to the provisions of this chapter, the license or right to obtain such license may be revoked or suspended for the specific unit or units located on the licensed premises. If the notice of violation has been issued with respect to a common area of a building or complex of buildings then the license or right to obtain such license as to all units in such building or complex may be suspended or revoked. Subd. 7. No suspension or revocation or other sanctions shall be imposed where one or more of the three required disorderly use notices were mailed or delivered to the landlord after the rental property owner has filed an unlawful detainer action with the district court for the particular unit or units identified in the disorderly use notice. Calls to police made by rental property owners shall not be considered incidents of disorderly use in the implementation of Section 38.152, subdivisions 4, 5, and 6. The initiation of an unlawful detainer action shall not be a bar to sanctions, however, unless the action is diligently pursued by the rental property owner. Notice of and a copy of the unlawful detainer action shall be delivered to the police department. A determination that the licensed premises have been involved in a disorderly use as described in Subdivision 2 shall be made upon a preponderance of the evidence. It shall not be necessary that criminal charges be brought to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this section. Subd. 8. This section applies to all leases, whether written or oral, and a landlord may consider any tenant's conduct listed in Section 38.152(2) to be both a material breach of the lease and grounds for termination in any unlawful detainer action. Additionally, all written leases executed after August 31, 1995 shall contain a clause providing that conduct that violates Subdivision 2 constitutes both a material breach of the lease and grounds for termination of such lease. Subd. 9. This ordinance is not intended to supersede criminal sanctions that may be applied to the individual who violates the statutes and ordinances listed in Subdivision 2. 1' 38.153 License Suspension and Revocation. Subdivision 1. Upon a determination that a license or right to obtain such a license may be suspended or revoked, or that a fine or other sanctions may be imposed, a public hearing shall be held before a body to be known as the Rental Housing Complaint Board. The Rental Housing Complaint Board shall consist of the Common Council member from the ward in which the licensed premises is located, the Common Council President, and the Mayor. All parties shall be afforded an opportunity to appear at such hearing after receiving reasonable notice. The notice shall state the time, place, and issues involved. At this hearing, rental property owners may present evidence of mitigating circumstances showing the absence of any need for a public hearing before the Council to consider the revocation or suspension of the license or right to receive such a license, or the imposition of fines or other sanctions. The Board shall in good faith hear and consider this evidence in making a determination to hold a public hearing. At the conclusion of the hearing, the Board shall make a recommendation to the Common Council regarding whether a need exists for a public hearing. The Board's recommendation must be submitted to the Common Council for its consideration. If the Council determines to call for a public hearing to consider the issue of suspension or revocation, or the imposition of a fine, the Council shall follow the procedures described in subdivision 2 Subd. 2. No suspension or revocation shall be effective until the rental property owner has been afforded an opportunity for a hearing under Sections 14.57 to 14.70 of the Minnesota Administrative Procedure Act. Should the Common Council hold a public hearing pursuant to the recommendation of the Rental Housing Complaint Board, all parties shall be afforded an opportunity to appear at such hearing after receiving reasonable notice. The notice shall state the time, place, and issues involved. At this hearing, license holders may present evidence of mitigating circumstances that would allow a rental property to retain his or her license or the right to obtain such a license. The Common Council shall in good faith hear and consider this evidence in making a determination to revoke or suspend the license or right to receive a license, impose civil penalties, or impose other reasonable conditions based upon violations of this chapter. The Common Council may postpone or discontinue such proceedings if it appears that the licensee has taken appropriate measures that will prevent further instances of disorderly use. Subd. 3. The Common Council reserves the right to impose any of the following sanctions for violations of Section 38.152(2): a) suspend the license or right to receive a license for up to 60 days; or b) revoke the license or right to receive a license and establish the time period after which an application for a new certificate for the premises may be made; or c) impose a civil fine not to exceed an amount equal to one months' rent for each violation found as a result of the hearings; or d) impose other reasonable conditions intended to limit future incidents of disorderly use. Subd. 4. Upon expiration of the suspension or revocation period, a license holder shall pay to the City a reinstatement fee equal to $100 for the first unit re - licensed and $20 for each additional unit. 38.154 Prospective Tenant Background Investigations. Subdivision 1. The Rochester Common Council has determined that there are persons residing in rental property in Rochester engaging in disorderly conduct which results in a hostile environment for other Rochester citizens living in or close to the rental property. It is the declared purpose and intent of this section to protect and preserve this city's neighborhoods and the public health, safety, welfare and morals of its citizens by providing a system at the local level for criminal history/background investigations prospective tenants. Subd. 2. Any owner of rental property may request that the Rochester Police Department conduct a criminal history/background investigation of a prospective tenant as provided under Section 21.05, subd. 1. Such request shall be on a form approved or provided by the Rochester Police Department. The applicant shall pay an investigation fee as established by resolution of the Common Council. REQUEST FOR COUNCIL ACTION MEETING DATE: 11-6-06 AGENDA SECTION: ORIGINATING DEPT: ITEM No. CONTINUED - PUBLIC HEARINGS PLANNING4 ITEM DESCRIPTION: Land Use Plan Amendment #06-03 by Weis Development PREPARED BY: Corp. The applicant is proposing to amend the Rochester Urban Service Mitzi A. Baker, Area Land Use Plan to designate a portion of Block 3 East Rochester Senior Planner Addition from "medium density residential" to "commercial". The property is located between 3 and 4th Ave SE and between 5th and 6th St. SE. October 30, 2006 The applicant previously requested continuing this item to the November 6, 2006 Council meeting. The Staff recommendation varies from the recommendation from the Rochester Planning and Zoning Commission. Please see the staff report and recommendations as well as the Planning Commission minutes for details. City Plannina and Zoning Commission Recommendation: The Planning Commission considered this item at the September 27, 2006 meeting. Mr. McGuine moved to recommend approval of Land Use Plan Amendment #06-03 with the below findings. Mr. Pestka seconded the motion. The motion carried 5-1, with Mr. Wallace voting nay. Mr. Ohly moved to recommend that the City Council initiate [Land Use Plan Amendment and] rezoning of the balance of the block to be consistent with their decision. Mr. Barry seconded the motion. The motion carried 6-0. Council Action Needed. 1. The Council shall hold a public hearing. The Council may approve or deny this petition. The Council's decision must be supported by findings based on the criteria listed in the Land Use Plan. 2. The Council should instruct the City Attorney to prepare findings of fact and conclusions of law supporting their decision. c t Distribution: i �q`�. 1. City Administrator �� 1. City Attorney: Legal Description attached l ! pi-' % Cy ` 2. Planning Department File s 3. This item will be considered some time after 7:00 p.m. on Monday November 6, 2006 in the Council ! Board Chamber at the Rochester - Olmsted Government Center Building COUNCIL ACTION: Motion By: Seconded By: Action: 07 > RocriESTER-OLMSTED PLANNING DEPAl[fMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 •j CC II„r, Of www.olmstedcounty.com/planning TO: City Planning and Zoning Commission FROM: Mitzi A. Baker, Senior Planner OCHESTER•hf�V^� Opp .• : ' .'V ORA TED.AUGU5T•4•P DATE: September 21, 2006 RE: Land Use Plan Amendment #06-03 and Zoning District Amendment #06-06 by Joe Weis Builders. The applicant is proposing to amend the Rochester Urban Service Area Land Use Plan to designate a portion of Block 3 East Rochester Addition from "medium density residential' to "commercial' and to amend the Zoning Map from "R-3" Medium Density Residential to "CDC -Fringe" to facilitate development. The property is located between 3rd and 4th Ave SE and between 5th and 6th St. SE. Planning Department Review: Petitioner: Joe Weis — Weis Builders 2227 7th Street NW Rochester, MN 55901 Surveyor/Consultant: Yaggy Colby Associates 717 Third Ave SE Rochester, MN 55906 Location of Property: The property is located between 3`d and 41h Ave SE and between 5" and 61h St. SE. The applicant is proposing to amend the land use designation and zoning for the central 213 of the block platted as Block 3, East Rochester Addition. Requested Action: The applicant is proposing to amend the Rochester Urban Service Area Land Use Plan designation fora op rtion of Block 3 East Rochester Addition from "medium density residential" to "commercial" and to re -zone a op rtion of the block from R-3 Multi - Family Residential to CDC -Fringe. Existing Land Use: The property is currently developed with numerous multi -family dwellings. Parcels included in this petition include a total of 13 dwelling units. BUILDING CODE 507/285-8345 • GIS/ADDRESSING/MAPPING 5071285-8232 • HOUSING/HRA 507/285-8224 .a w� PLANNING/ZONING 507/285-8232 • WELUSEPTIC 507/285-8345 FAX 507/287-2275 ��� AN EQUAL OPPORTUNITYlAFFIRMATIVE ACTION EMPLOYER Page 2 Proposed Land Use: The applicant is proposing to redevelop the site with multi -family housing. Approximately 8 dwellings with 13 dwelling units would be razed for the project. According to the neighborhood meeting minutes, the applicant is proposing a multi -family apartment building with approximately 66 dwelling units. Adjacent Land Use and As demonstrated on the attached maps: Zoning: North: "commercial" land use designation and CDC -Fringe Zoning developed with commercial uses West: "industrial" land use designation and M-1 zoning, currently a surface parking lot South: "low density residential" land use designation, and both R-2 and R-3 zoning, developed with residential dwellings East: "medium density residential" land use designation and R-3 zoning developed with residential dwellings. Transportation Access: Access is proposed from 4" Ave SE, according to the proposed General Development Plan for this property (#271). Wetlands: This is a re -development site. There are no known Wetlands within the project site. Referral Comments: 1. See comments attached to GDP #271 Report Attachments: 1. Location Map The applicants and their representatives met with Planning staff on several occasions prior to filing their applications. The Planning Department recommended alternatives for pursuing development of this property with multi -family housing and discouraged pursuing development through a Land Use Plan Amendment to "commercial", a Zone Change to "CDC -Fringe" with a Variance to the requirement for non-residential uses on the first floor of the building. The intended development of the property has no commercial component. Alternatives for pursing this development, as communicated to the applicant and representatives, (Yaggy Colby staff) are: a) File a Restricted Development Conditional Use Permit application for the project, under the current R-3 zoning; OR b) File a Land Use Plan Amendment to "high density residential' for the whole block, or request that the City initiate the amendment if signatures from all property owners could not be secured; and file a Zone Change request for the whole block to "R-4, High Density Residential' or possibly "CDC -Residential; again requesting the City initiate the amendment if signatures from all property owners could not be secured. This alternative may also require an Incentive Development to achieve the density and floor area ratio proposed for the site (as identified in the neighborhood meeting minutes and supplemental information provided by Yaggy Colby Associates). For reasons unknown, the applicant wanted to avoid public a review and determination of the project specifics (site plan, building elevations and materials, landscaping, etc). The project as proposed includes approximately 2/3 of the central portion of the block and is a piecemeal, incoherent approach to planning and development of the area. Furthermore, the applicant proposes a "commercial" Land Use Plan designation and Zoning which Is inconsistent with the project proposal for multi -family residential only, with no commercial component. i l Page 3 This entire block presents a unique opportunity to plan for and accommodate high density residential uses within close proximity to the downtown, major employment, entertainment, retail, and the multiple types of pedestrian facilities in the area including: sidewalks, trails and the skyway and subway system. After reviewing the Rochester Urban Service Area Land Use Plan, the Rochester Zoning Ordinance and Land Development Manual, land use patterns in the Central Business District and surrounding core, Planning recommends that the entire block between 3rd and 4'" Ave SE, and between 5' and 6`" St. SE should be considered for "high density residential' designation on the Land Use Plan and "R-4 High Density Residential' zoning on the Zoning Map. Although the applicant proposes to amend the land use designation and zoning for only a portion of the block, It is necessary to consider the land use and zoning most suitable for the whole block. Whatever course of action determined appropriate by the Council for the portion of the block included in this petition, staff recommends that the Council initiate amendments to the land use designation and zoning for the balance of the block to facilitate coherent planning for the entire block. Otherwise, two lots along the north side of the block, and four lots along the south side of the block would remain zoned R-3, resulting in undesirable land use and zoning boundaries within the block. This block is located between 3'd and 4`" Ave. SE, and 5'" and 6" Street SE, and is legally platted as Block 3 East Rochester Addition. Criteria from The Rochester Urban Service Area Land Use Plan & Staff Suagested Findings: Commercial Land Use Designation: Regional shopping centers, defined as including one or more major department stores, or several specialty stores, are best suited in areas with the following characteristics: a. Located at the intersection of a major arterial or higher level street with similar or higher level streets. This proposal would expand an existing "commercial" land use boundary on the Rochester Urban Service Area Land Use Plan. The greater area includes the intersection of Broadway (Expressway) and 4f' Street (Major Urban Arterial), and also the intersection of 4° with 3rd Ave SE (Major Urban Arterial). b. Having level terrain. This site is developed, and has some variation in terrain. The northeast corner of the block is the low area of the block. The center is higher than the north and south ends of the block. c. Having good pedestrian, vehicular, and transit access. The area generally has good pedestrian and transit access. Few locations in the community have the opportunity to develop within a relatively short walking distance of the downtown and the skyway and subway system. d. Having at least 40 acres of land suitable for commercial development. This site, if considered as part of the greater commercial center of the downtown, includes at least 40 acres of land. el Page 4 High Density Residential Land Use Designation: High density uses are most suitable in areas with the following characteristics: a. Having level to fairly rolling terrain, outside flood prone or poorly drained areas, or areas with steep slopes. The block has level to slightly rolling terrain, is outside offlood prone areas with no steep slopes. Drainage and storm water management would be reviewed and addressed with a specific development proposal. b. In close proximity to major shopping areas, major employment centers, recreational and cultural facilities, and other facilities that serve smaller households. This entire block presents a unique opportunity to plan for and accommodate high density residential uses within close proximity to the downtown, major employment, entertainment, convenience retail, and the multiple types of pedestrian facilities in this area including. - sidewalks, trails and the skyway and subway system. c. Having immediate pedestrian, highway, and transit access to commercial areas, community facilities, and major employment centers. This block has existing pedestrian facilities linking it to a comprehensive network of sidewalks and traits as well as the skyway and subway system within the Central Development Core. This block presents a unique opportunity to plan for and accommodate high density residential uses within close proximity to the downtown, major employment, entertainment, convenience commercial areas, community facilities, pedestrian facilities and transit. Trunk Highway 63 is within close proximity to the site. d. Buffered from the adverse influences of industrial and other incompatible activities. Third Ave SE serves as a division between"industrial' land uses and "residential' uses as demonstrated in the attached existing Land Use Plan Map and Zoning Map. Fifth Street SE in this location currently serves as a division between "commercial' land use and zoning and "residential" land use and zoning. e. Not adversely affecting adjoining low -density residential areas. As demonstrated on the attached Land Use Plan and Zoning Map, this block is at a pivotal point between commercial and Central Development Core -Fringe uses and medium and low density residential land use and zoning. It is strategically located to serve as a transitional block between the CDC -Fringe and medium density and low density land uses and zoning without adversely affecting low -density residential areas. Rochester Zoning Ordinance and Land Development Manual Criteria & Proposed Findings for Zone Change Petition #06-03: Under the provisions of Paragraph 60.338 of the Rochester Land Development Manual, the Commission shall recommend for approval and the Council shall approve, an application requesting an amendment to the zoning map if the amendment satisfies the following criteria: Page 5 S ' 1) The criteria of this subdivision apply to those amendments to the zoning map filed by formal petition. An amendment need only satisfy one of the following criteria: a) The area, as presently zoned, is inconsistent with the policies and goals of the Comprehensive Plan; b) The area was originally zoned erroneously due to a technical or administrative error; c) While both the present and proposed zoning districts are consistent with the Plan, the proposed district better furthers the policies and goals of the Comprehensive Plan as found in Chapters 2 and 3 of the Rochester Urban Service Area Land Use Plan, Chapter 3 of the Housing Plan, and Chapter 10 of the ROCOG Long Range Transportation Plan; or d) The area has changed or is changing to such a degree that it is in the public interest to rezone so as to encourage development or redevelopment of the area. Proposed CDC -Fringe: The current zoning is not inconsistent with the existing Land Use Plan, however an amendment (#06-03) is being considered concurrent with this application. Action taken on that petition will determine whether this zoning district would be consistent with the Land Use Plan. Changes in the Central Business District, including expanding medical, medical research and educational facilities create a climate in which it may be in the public interest to encourage redevelopment in this area. R-4: The current zoning is not inconsistent with the existing Land Use Plan, however an amendment (#06-03) is being considered concurrent with this application. Action taken on thatpetition will determine whether this zoning district would be consistent with the Land Use Plan. Changes in the Central Business District, including expanding medical, medical research and educational facilities create a climate in which it may be in the public interest to encourage redevelopment in this area. 2) The criteria of this subdivision also apply to those amendments to the zoning map filed by formal petition. However, an amendment must satisfy all of the following criteria: a) the permitted uses allowed within the proposed zoning district will be appropriate on the subject property and compatible with adjacent properties and the neighborhood; and Proposed CDC -Fringe: Third Ave SE serves as a division between "industrial' and "residential' land uses and zoning as demonstrated in the attached existing Land Use Plan Map and Zoning Map. Fifth Street SE, in this location currently serves as a division between "commercial' land use and zoning and "residential" land use and zoning. A more intense residential zoning district (R-4) would provide a smoother transition between the commercial uses and the medium and low density residential land uses and zoning, than an extension of the CDC -Fringe would. Extension of the CDC -Fringe should be considered if the City is committed to requiring integration of non- residential uses at the groundfloor level of multi family residential uses. Rezoning only the central 213 of the block to CDC -Fringe; leaving segments along the north and south sides as R-3, would not be desirable. Section 60.620 of the Rochester Zoning Ordinance and Land Development Manual includes the following description of the CDC -Fringe District: Page 6 That portion of the Central Development Core which lies outside the identified "central business district', "medical", and "high density residential" designations of the Land Use Plan, where it is the intent to provide a location far less intensive commercial and service uses which are necessary or tend to support and enhance the activities within the CBD area. R-4: Third Ave SE serves as a division between "industrial" and "residential" land uses and zoning as demonstrated in the attached existing Land Use Plan Map and Zoning Map. Fifth Street SE, in this location currently serves as a division between "commercial" land use and zoning and "residential" land use and zoning. As demonstrated on the attached Land Use Plan and Zoning Map, this block is at a pivotal paint between Central Development Core -Fringe commercial uses and medium and low density residential land use and zoning. It is strategically located to serve as a transitional block between the CDC -Fringe and R-3(medium density residential) and R-2(low density residential) zoning without adversely affecting low -density residential areas. Section 60.620 of the Rochester Zoning Ordinance and Land Development Manual includes the following description of the R-4 High Density Residential district: ➢ This district is intended to maintain areas for multi family residential uses of the highest intensity, along with supportive commercial, office and service uses of similar intensity, in locations with proximity to the Central Development Core and major employment centers. b) the proposed amendment does not involve spot zoning. (Spot Zoning involves the reclassification of a single lot or several small lots to a district which is different than that assigned to surrounding properties, for reasons inconsistent with the purposes set forth in this ordinance, the state enabling legislation, or the decisions of courts in this state). Proposed CDC-Frinae: This amendment would not constitute spot zoning, if an amendment to the Land Use Plan and Zoning Map are initiated for the balance of the block, to be consistent with the Council decision on both Land Use Plan Amendment #06.03, and Zoning District Amendment #06-06. R-4: This amendment would not constitute spot zoning, if an amendment to the Land Use Plan and Zoning Map are initiated far the balance of the block, to be consistent with the Council decision on both Land Use Plan Amendment #06-03, and Zoning District Amendment #06-06. Staff Recommendation: The southeast quadrant of the City is the only quadrant void of land zoned R-4 High Density Residential; and also the only quadrant of the Central Development Core not supported by high density residential land use and zoning. This entire block presents a unique opportunity to plan for and accommodate high density residential uses within close proximity to the downtown, major employment, entertainment, retail, and the multiple types of pedestrian facilities in the area including: sidewalks, trails and the skyway and subway system. After reviewing the Rochester Urban Service Area Land Use Plan, the Rochester Zoning Ordinance and Land Development Manual, land use patterns in the Central Business District and Page 7 surrounding core, Planning recommends that the entire block between 3`' and 4'" Ave SE, and between 5 and 6" St. SE should be considered for "high density residentiar designation on the Land Use Plan and "R-4 Nigh Density Residential' zoning on the Zoning Map. Although the applicant proposes to amend the land use designation and zoning for only a portion of the block, it is necessary to consider the land use and zoning most suitable for the whole block. Whatever course of action determined appropriate by the Council for the portion of the block included in this petition, staff recommends that the Council initiate amendments to the land use designation and zoning for the balance of the block to facilitate coherent planning for the entire block. Otherwise, two lots along the north side of the block, and four lots along the south side of the block would remain zoned R-3, resulting in undesirable land use and zoning boundaries within the block. The block is legally platted as Block 3 East Rochester Addition. Since the petition proposed a more intense land use designation and zoning than recommended by staff, the City Council could consider and act on the staff recommendation. Which ever course of action is taken, the City Council will need to initiate amendments to the Rochester Urban Service Area Land Use Plan and Zoning Map for the balance of the block not included in this petition, to establish a coherent Plan for the whole block. APPLICATION MATERIALS r+n [si �dM� x waMrm xavwh�as M� i\m\dm\cm�Yn% u. O-orb � Fu aw n.L � `D€VILLAGE on 3RD i GENERAL DEVELOPMENT PLANE Pn��� AUG 3 ? 200 F,c' `_ -a - oJAST-D —� YCA 99627 LD2 J 8-29-06 Village on 3rd Land Use Plan Amendments Village on 3rd is located in SE Rochester bordering to the north by existing developed property, on the west by 3rd Avenue SE, on the ease by 4th Avenue SE and on the South by 6th Street SE. The Village on 3rd property owner proposes a Land Use Plan Amendment for approximately 1.12 acres of CDC-FR Central Development Core — Fringe Area.. Please see the attached General Development Plan (GDP), Zone Change documents, and other supporting documents for additional location and area information. Commercial The Commercial Land Use Plan Amendment request is for approximately 1.12 acres. This area is being proposed as a CDC-FR Central Development Core — Fringe Area. The proposed development is planned to be an extension of the existing Central Development Core, for this analysis the Regional Shopping Center characteristics have been used to the site. The Location Criteria, in the Land Use Plan for the Rochester Urban Service Area, have the following guidelines (Land Use Plan text in italics): B.3. Regional shopping centers, defined as including one or more major department stores, or several specialty stores, are best suited in areas with the following characteristics: a. Located at the intersection of a major arterial or higher level street with similar or higher level streets. The proposed commercial site is at the intersection of 3rd Avenue SE (Major Urban Arterial) and 61h Street SE (Primary Urban Collector). 3`d Avenue SE and 61h Street SE serve as connector streets to Trunk Highway 63 which is shown as an Interstate on the 2035 ROCOG Transportation Plan. b. Having level terrain. The slopes on this site range from less than 1% to 20% with the majority of the site less than a 5% slope. There are no steep slopes on this site. c. Having good vehicular, pedestrian and transit access. The proposed commercial site is at the intersection of 3`d Avenue SE (Major Urban Arterial) and 6`h Street SE (Primary Urban Collector). 3'd Avenue SE and 6`h Street SE serve as connector streets to Trunk Highway 63 which is shown as an Interstate on the 2035 ROCOG Transportation Plan. The proposed access to the site is along 4`h Avenue SE. There are existing sidewalks along all sides of the development (3`d Avenue SE, 6`h Street SE and 4`h Avenue SE). The development is 1.5 blocks away from the City of \ LO Rochester bike path system with connection to parks and recreation facilities throughout the city. The development is within 2 blocks of the downtown skyway system. The Rochester City Lines provides public bus service along 3rd Avenue SE and bei Street SE. The proposed development is adjacent to the Mayo Clinic parking lot along P Avenue with shuttle service to the Mayo Clinic and other medical facilities. This location is consistent with the livable communities design principals, allowing workforce residents to walk to jobs in the downtown area. This helps create a critical mass in the downtown area needed to support existing merchants. d. Having at least 40 acres of land suitable for commercial development The CDC (Central Development Core) is made up of 4 zoning districts with a total acreage of approximately 341 acres. The Central Development Core - Fringe Area alone has 65 acres. City of Rochester Zoning Ordinance and Land Development Manual list a wide range of permitted commercial uses that vary within each of the Central Development Core zoning districts. The area indicated as the CDC on the City of Rochester Zoning Map meets or exceeds the requirements of 40 acres of land suitable for commercial development. Central Development Core Acreage Analysis CDC — Central Business District 87 acres CDC — Fringe Area 65 acres CDC — Medical Area 139 acres CDC — Residential 50 acres Total 341 acres RECEIN'ED AUG 3 12006 N NNG EE C' CEPAR7 VEN7 Village on 3rd Neighborhood Introductory Meeting July 20, 2006 Workforce Housing Weis Development Agenda Introductory Remarks — Dick Landwehr The Development Team --- Weis Development Contact: Dick Landwebr; 288-2041 • Joe Weis, Weis Development • Dick Landwehr, Weis Builders, Inc. ■ Jason Woodhouse, Yaggy Colby Associates • Mike Busch, Paragon Property Management • Sara Nygaard, Weis Builders, Inc. Developer History and Firm Experience — Joe Weis The Proposed Project: Overview — Jason Woodhouse, Yaggy Colby What is Workforce Housing? — Mike Busch; Paragon What is the capacity? 66 units. What is the timing of this project? The earliest construction start will be November 2006 if financing and design are in order at that time. Construction duration will be 8 to 9 months once construction begins. Are the units condos or rentals? Rentals. What is the average price for each unit? One -bedroom units will have monthly rent rates of $460; two bedroom units will be $560 and three bedroom units will be $760. Are utilities included in the rent? Heat is included but other utilities like electricity are not included. Are there any other fees like a community fee? No, there are typically no additional fees at a rental property. Will there be a minimum time agreement for the lease? Yes, they will have to sign a one-year lease. Will this project accept Section 8 vouchers? Yes, but at other projects that we manage the percentage of Section 8 tenants is very low, like two or three per complex. Will college students be living here? The federal program that this project falls under prohibits renting to college students. This program was simply not made for that. The exception is that if one member of the family is going to college that is fine. All of the renters cannot be attending college. Are you receiving tax breaks on this project? Yes. We are using a Federal program that incents developers to take certain risks associated with affordable housing. This program, administered by the Minnesota Housing Finance Agency, allows the developer to pass the lower cost of building the project on to the tenants in the form of a restricted rent level. The program requires a commitment to the program of 30 years. Is there really a need for more rental properties in Rochester? Yes, we are 95% full in all of the workforce housing units in Rochester that Paragon manages. MHFA has done studies that show Rochester needs more workforce housing. They have a lot of applicants and they have a limited amount of tax credits to distribute in areas of the state that they believe have the greatest need. What about the small rental properties in the area? How are they going to rent their units when there is a brand new complex? It may have an initial impact on older and less desirable rental properties but this project will make the area more desirable for the neighborhood as well as those who live in the Workforce housing units. Projects like this typically enhance the entire area. Evidence can be seen of this at the Georgetown and Rivers Edge facilities. We own a property directly east of the project (311 6`" Street SE). What is going to happen to our property values, property taxes and the views of the city we enjoy now? A trip to the Assessor's Office may ease your mind. I have never seen a project like this negatively affect property values. I would like that in writing. We will supply documentation. (Joe to supply news article?) How many houses have been purchased? 8 houses are either under contract or have been purchased by Weis Development. What about families? Are there any play areas or green space for the children to play? There is a play area designated but we are considering an enlarged area and alternate locations. Also, keep in mind the there is a school with a large playground a block away. Will there be any buffer between the houses left on the block and the apartments? Yes there will be plantings and some type of fencing but we would like to hear what kind of fencing you would like to have. (Note that there were differing opinions on stockade style vs. transparent style barriers. Both the Harts and the Garza's did not want automobile headlights in their bedrooms.) How many parking stalls are there? As currently designed, there are 58 stalls of underground parking, 32 stalls in the main lot and 14 stalls in the small lot for a total of 104 (that is 2 more than the proposed zoning code requires). We are very concerned about the parking in this area. Parking is very scarce because people who work downtown park in this area. How will all these extra people/cars from the new apartments impact this neighborhood? This project was designed with underground and surface parking on site to take some of the parking off the streets and with the access to parking from Fourth Avenue, thus to taking resident parking of Fourth Avenue while eliminating any parking or access to parking off of 3rd Avenue. That's another thing, we don't want to look at a parking lot. Sean Allen of First Homes expressed that the Developer is showing too many parking stalls for this project. He would like to reduce parking and add more green space. This project does not need to have a high parking density since it close to downtown so people will be walking, riding their bikes and the bus. On a related front, the property management would tow people who do not live at the apartments if they park in the lot. Where would visitors park? There are enough parking spaces shown on the plans to relieve pressure on the street. Further discussion indicated that the congested street parking is caused by transient daytime parking by non-residents of the neighborhoods (likely workers in the downtown area who do not live there). Could the South end of the building just have two stories for the gentlemen at the corner to the east? There will be fewer units but then there will be less parking and more green space. Unfortunately the financing is impacted negatively as the number of units decreases. We could have built right up to the property line but we didn't want to crowd the house at 311 6`h Avenue. All planning of this nature tries to balance the trade- offs among parking capacity, green space, and housing traits to pay for the property construction costs. Will there be other barriers? What about the existing trees? We will try to save all the trees that we can. An inventory/survey will be taken of all the existing trees to locate them on the site plan. Our objective is to retain as many existing trees as possible. When will you have more developed drawings? Will you have another meeting then? There will be another meeting before we go to the City Council. Everyone that received an invitation to this meeting will receive an invitation to a subsequent meeting. We have lived in our house for 20 years (311 6`h St. SE). We are happy about the project but we don't want to look at a 4-story building. We are used to trees and the city view that we have from our backyard. Katie Berg is new to the neighborhood but is really excited about the project. She thinks it will urbanize the neighborhood. How will you get people to move in to the apartments? We are taking a risk but a new, clean, safe and affordable home should attract people. The proximity to the surrounding envirorunent and nearby amenities will also draw people in. Are there anv other developments planned for this neighborhood like this in the works? Not that we know of. Sean Allen from First Homes said that it takes guts to be the first developer to bring this type of redevelopment project to a neighborhood. He hopes that it will lead to others. Chris from the Kutsky Park neighborhood added that in other neighborhoods, people were initially wary about projects like this one but now they find it an asset. I thought First Homes was just for single-family housing. What is your involvement? Sean Allen — We help families get homes but we also subsidize developers to by providing equity to lower the property mortgage. We are very interested in commitment to the community. Dick Landwehr — First Homes has given us a list of 40- 50 things we can do to enhance this development. Along with your comments/concerns, we will adjust the initial design. Where is the funding coming from? Well, it is very complicated but most of the finds come from a syndicated tax credits. The rest comes from MHFA as a mortgage and hopefully from First Homes and the Greater Minnesota Housing Fund. I live on 61h Street (Maria Garza) and I have 3 kids. We will now have a parking lot where there were trees and brush. What will you do to keep my kids safe from cars and how will you keep all the headlights from shining in my bedroom window? I am happy about the project. We are planning a privacy fence, as shown on the drawing, to separate the children from the new parking lot and to keep the lights from shining into your bedroom. Does it have to be such a large building? Why can't it be more like townhomes? The cost of the land has a lot to do with it. It wouldn't be financially feasible to build something smaller. Chris from First Homes — We have another project where we are losing money because we built a project that is too small for the land cost. This neighborhood is a funnel for pedestrian traffic into downtown. What can you do to make your project pedestrian friendly? Can you make it well lit and keep trees and green space? It will be well landscaped and we have larger than average setbacks to keep as much green space as possible. Has 5ch Street come up in your talks with the city? It is supposed to be a one-way but people cheat all the time. Inds are playing near there. Your project may impact the one-way because they may decide to cheat too. Can we get it changed to a two-rvay? The city didn't sound like they were planning any near term improvements on that street. (The development team suggested that the neighborhood group and the adjacent landowners approach the City regarding their concerns and suggestions for the street.) Where will the parking lot entrances be located? How will the extra traffic impact the already too narrow 41h Avenue? The city doesn't want access to our parking areas off of Third Avenue. As mentioned in the previous question, the neighborhood group may want to consider asking the City to review parking restrictions on 4`h Avenue. How is the parking lot traffic going to get onto 3rd Avenue? Sometimes there is a 20 to 30 minute wait to make a left turn. We have been asking for a stoplight for a long time. The parking lot for this project will exit on to Fourth Avenue rather than Third Avenue. The city has asked us to leave an easement on the southeast comer that would accommodate a future stoplight. Consider having neighborhood discussions with the City regarding a future traffic signal at the 6'h Street/3`d Avenue intersection. This project will be promoted as a "walk to work or ride the bus" apartment, thus reducing the on -street parking demand and cueing demand at that intersection. August 30, 2006 Ms Mitzi Baker Olmsted County Consolidated Planning 2122 SE Campus Drive Rochester, MN 55904 RE: Request Planning and Zoning Commission and/or Rochester City Council to initiate a Land Use Plan Amendment and Zone Change Dear Mitzi: The owners of the proposed Village on 3rd Development request the Rochester Planning and Zoning Commission and/or the City of Rochester City Council to initiate a Zone Change and Land Use Plan Amendment to include Lot 1, 2, 3, 11 & 12 of Block 3, East Rochester Addition. The Land Use Plan Amendment is to change the. underlying residential Land Use to a Commercial Land Use. The zone change is to change the existing Residential Zoning (R-3) to Central Development Core - Fringe Area Zoning (CDC-FR). Please call if you have any questions or concerns. Sincerely, YAGGY COLBY ASSOCIATES M 4, '� Auk - Mark Root, ASLA MR/M W E YCA 99627 RECEIVED AUG �12996 Page 4 City Planning and Zoning Commission Minutes Hearing Date: September 27, 2006 6. Prior to publ% water main con based on the fire protection h 7. Any B-4 Ms. Mitzi A. Baker presented a staff report, dated September 2 , 2006, to the Commission. The staff report is on file at the ChesteZ nning D artmen t. The applicant's representative, Josh ohGhi and Betts, Inc. (1648 Third Avenue SE, Rochester MN 55904), addressed n. a stated that the applicant was in agreement with staffs recommendation. Mr. Burke asked if there would bea "towciation.Mr. Johnson responded that there wouldwners" association. With no one else wishing to be hearded the public hearing. ,:by GP Del conded the 1. Signage is authori listed for 2. The ne the ne all also carry insura All unused`water servu Division requirements. A five minute break occurred. Page 5 City Planning and Zoning Commission Minutes Hearing Date: September 27, 2006 Ms. Mitzi A. Baker presented the staff reports, dated September 21, 2006 and September 15, 2006, to the Commission. The staff reports are on file at the Rochester -Olmsted Planning Department. Ms. Baker clarified that the applicant's name is Weis Development Corporation. Ms. Baker stated that the Commission needed to look at the entire block when considering the requests. Staffs recommendation is that the Commission designate the property for high density residential, rezone it to the R-4 zoning district, and ask Council to initiate a zone change to rezone the balance of the block to be consistent. Mr. Ohly asked if the project, as presented, could occur in the R4 zoning district. Ms. Baker responded yes, but that they would need to go through the Incentive Development process. Also, a variance to parking would need to occur. Mr. Ohly asked if there is a dispute as to what would be put on the block. Ms. Baker responded that there is no objection to the project occurring on this block. Staff believes that it is appropriate. The question is the process. Mr. Ohly asked if the process staff suggests the applicant go through would be more expensive for the applicant. Ms. Baker explained that decisions regarding the process of the development should not be based on the cost to the applicant. Ms. Baker stated that, based on the limited information submitted on project detail, it is possible they may have to go through an Incentive Development process for the site, if zoned R-4. Mr. Ohly asked if an Incentive Development process would delay their project. Ms. Baker responded that she was not aware of their timeline. The applicant's representative, Wade DuMond of Yaggy Colby Associates (717 Third Avenue SE, Rochester MN 55904), addressed the Commission. He stated that there have been a number of meetings with City staff where a number of drawings were presented. In the meeting with Planning, they discussed the different options (3 were presented). The applicant evaluated their options and decided to pick the current process as it would work in the neighbor's and the applicant's best interest. Some of these reasons include the timing, cost of processing applications, design work that would need to be done, and risk for applicant. Page 6 City Planning and Zoning Commission Minutes Hearing Date: September 27, 2006 Mr. DuMond stated that, if they went through the R-4 zoning process, they would have to request 5 different variances. Also, the block would be a very small area of R-4 high density than in other areas where R-4 is shown. Mr. DuMond stated that the applicant is in agreement that the entire block should have the same zoning and land use designation. He explained that there are three properties that are left out of the block at this time. Mr. DuMond stated that a neighborhood concern is traffic. He did indicate that there is a future plan to put a signal at 61" Street and 3rd Avenue. The neighborhood would also like to only see permit parking along 4" Avenue. Mr. Ohly stated that he understood the reasoning for having the entire block zoned the same. He questioned if there wasn't a way to approve the project with the R-4 zoning without delaying the applicant's construction timeline. Mr. DuMond responded that there would have to be significant design changes to go through the R-4 zoning process and that there would need to be 5 variances applied for. He described what each variance would be for. Mr. Ohly questioned if the applicant was concerned that the variances would not be approved. Mr. DuMond stated it was his impression that the City wants the least amount of variances as possible on a site. Ms. Baker explained that a variance to density would not be required. Therefore, they would need to go through an Incentive Development process and apply for 4 variances. Mr. Joe Weis, of Weis Development, addressed the Commission. He stated that the reason he decided to go through the process to rezone to the CDC Fringe district is because there is property directly west that is CDC Fringe. An area to the north is CDC Fringe as well, with the exception of two apartments that have agreed to rezone to CDC Fringe. Also, his optimistic time schedule is to be under construction in November 2006. It is their hope that the Minnesota Housing will make a tax credit award on October 26, 2006. Therefore, they are moving ahead with the anticipation to begin construction right afterwards. The R-4 zoning district would not permit the density they need to make the numbers work. If they had to go through the Incentive Development process, they wouldn't be ready to begin construction until next summer. Mr. DuMond stated that, whenever they have worked on redevelopment areas, it is tough to find the zoning district that works the best. Mr. DuMond stated that the applicant is in agreement with the staff recommended conditions for the general development plan, with the exception of condition 1. However, he will work out the issue with regarding to condition 1 with Rochester Public Works. Mr. DuMond suggested that the Commission approve the variance to non-residential use on ground level with the findings on page 95 of the staff report. Ms. Baker clarified that the findings on page 95 of the staff report were prepared by Yaggy Colby and not planning staff. Page 7 City Planning and Zoning Commission Minutes Hearing Date: September 27, 2006 Discussion ensued regarding green space and parking Mr. Baker explained that the details of the plan are checked through the Site Development Plan process. Mr. Duane Hart (residing at 311 6'h Street SE, Rochester MN 55904) addressed the Commission. He stated that he has lived in his home for 20 years and is directly east of the proposed project. He expressed concern with having 3 homes surrounded by a 4-story building. He stated that he would rather the applicant purchase those 3 homes. Mr. Hart expressed concern with traffic and parking on 4" Avenue. There is a berm and retaining wall shown along his property. He asked that a fence be constructed on the applicant's site to separate the properties to prevent noise, foot traffic, etc. He indicated that there is a patio party area between his home and the building. Also, there is a tree on his and the applicant's property line and expressed concern with underground parking and ruining their tree. He stated that he would rather have the applicant remove the tree rather than killing it. Mr. Hart expressed concern with the applicant proposing less parking. He stated that visitors would need to park on 4" Avenue. Mr. Burke asked if he would support rezoning the entire block. Mr. Hart responded that he would support the zone change but felt ignorant as to how it would affect his property. Mr. Haeussinger left the meeting. Ms. Donoghue (residing at 403 61" Street SE, Rochester MN 55904) addressed the Commission. She expressed concern about parking along the street and additional traffic. She explained that additional traffic would occur even in the residents didn't have cars as they would have visitors. Mr. Burke asked if she thought a stop light at 6a' Street would improve the traffic situation. Ms. Donaghue responded that it would help safety wise but not traffic wise. She also stated that the three homes should not remain on the same block. Ms. Mary Beth Hart (residing at 311 6" Street SE, Rochester MN 55904) addressed the Commission. She stated that a lot of the neighborhood residents were not in attendance as they work evenings and/or don't speak English. She stated that high density residential is much more appropriate for the area. She stated that they shouldn't try to cram a building in with variances that will not fit in with the surrounding neighborhood. Ms. Hart stated that County employees park along 4`" Avenue, which is a main entrance to the proposed building. She also stated that there is not enough green space for families to play with their children on site. Mr. Burke stated that notes from the public meetings indicate that the neighbors wanted more green space. Page 8 City Planning and Zoning Commission Minutes Hearing Date: September 27, 2006 Ms. Hart stated that, when the plans were first presented to the neighborhood, all the parking was underground. However, the current proposed plan now shows more blacktop than originally proposed. Mr. Shawn Allen, from First Home Properties, addressed the Commission. He stated that they are a potential funder of the proposed project under consideration. He stated that are in favor of the proposed project as they like the location and design. He stated that, if the MN Housing Finance Agency finances this project, he believed First Homes would as well. Mr. Allen stated that it was First Homes opinion that the original plan was over designed for parking given that there is underground parking and additional exterior surface parking given their experiences in downtown Rochester. Therefore, they suggested that the applicant reduce parking as shown at this meeting. Ms. Baker explained that restrictive and incentive development processes are very good planning tools. She referred to the two restricted development applications that were on the agenda for this meeting. She indicated that she did not anticipate that either application would be delayed in the process and that they were requesting that the City Council waive their final plans. With no one else wishing to be heard, Mr. Burke closed the public hearing. Mr. Wallace stated that he believed the property should be rezoned to the R-4 zoning district Mr. Barry agreed. Mr. Ohly stated that the same project would occur whether it is in the R-4 zoning district or the CDC Fringe. Discussion ensued regarding the process for the applicant if R-4 zoning was recommended versus the process if what was requested by the applicant were approved. Mr. Burke asked if the end result would be the same. Ms. Baker stated that the Commission needed to make decisions if the land use designation is correct, zoning correct, etc. even though the end result would be the same. She stated that they shouldn't make decisions just to fit the development into to applicant's timeline. Ms. Baker explained some differences between the two alternatives. The entire block needs to be considered together. In the R4 zoning district, the residential uses that are favored are permitted outright. Some commercial uses require a conditional use permit. The CDC Fringe has a broader range of commercial uses permitted outright and have some residential uses permitted outright and some that require an incentive development process for more intensity uses. Mr. Burke discussed transitional zoning. Mr. McGuine move to reopen public hearing, Mr. Pestka second. The motion was unanimous. Page 9 City Planning and Zoning Commission Minutes Hearing Date: September 27, 2006 The applicant, Mr. Joe Weis (residing at 1100 201" Street NW, Rochester MN 55901), addressed the Commission. He stated that changing the zoning to the R-4 zoning district would kill the project. Mr. Burke asked if his financial situation would change based on the zoning district due to funding available. Mr. Weis reiterated that the project would not occur if the R-4 zoning district was required. With no one else wishing to be heard, Mr. Burke closed the public hearing. Mr. Ohly stated that the neighborhood's objection was not the zoning district but the traffic. Mr. McGuine moved to recommend approval of Land Use Plan Amendment #06-03 with: the below findings. Mr. Pestka, seconded the motion: The motion carried 6-1, with Mr . Wallace voting nay. .'rgs'^• ?vk i > r ry. i z Y} 'n`"' 3c r � -^. � a FINDINGS r Fa,, �h# a. Located at the in;q. nterseetion of a malor_artenal or hitdher ievel shreet wi h S�mifaror ` higher level streets b Having level terrain Y ri.A c. , Having good pedestf di%vehicular, and transit access p I VIM st... d. Havin of Teast 40 acies oiianij suiiabCe for comineeciaL depeio rilet�i .. Discussion ensued regarding findings for the Zoning District Amendment. Mr. Ohly moved to recommend approval of Zoning District Amendment#06-06 with the staff -recommended findings fgthe CDC -Fringe District, with the eaccepiion of�changmg finding number 2 to state "The permiCDC Fringe uses allowed within the CFringe vyi0 be appropriate on the subject property and compatible `with adjacent properties and the neighborhood". Mr: Barrgseconded the, motion. ,The motion cartled.5-1, vlatrl Mr: Wallace voting na y. Mr. Ohly moved to recommeri'd,Opproval'of G staff -recommended findings and conditions. motion carried 5-1, with Mr.Wallace voting in, CONDITIONS: 1. The GDP shall be revised to accommc ➢ Dedication 2. A grading and drainage plan appr to a4u Oka fnllnwinn• Sian Facilities an Right -of v tage of and, Ave. _ is .11 151 Page 10 City Planning and Zoning Commission Minutes Hearing Date: September 27, 2006 ManagementArea Charge wlllbe applicable for any net increase in impervious surface associated with the proposed developments 3. The northerly parkin lot shall"be signed as "ResiilentfAssigned Parking Only' to prevent the use of 4 Ave , SE:for circulation between the tywo Qarklr g lots ;; 4. Execution of a Cfity-Owner. Contract„ and dedication of any. apphcabl$ offlsite public easements is required prior to constructiort4 of any public infrastructure required to;aerve thisdevelopment 5. The boulevard and,curb and gutter aloe the frontage shaN'be resto'ecwhere, removed as part of this project 6. Pedestrian#acihtiesalong theYrontages wilibe reviewed by the.PubrciNorks. staff. Any needed panel repair7replacie ent shall be completed concurrent with development of this project 7. All unused water services to thlssite must be abandoned Properly at the mom in the street per RPU requlremer is ",` f' ; t . E U rMdividua Slightly'a nearly 70 proposes transporl indicates adjacent access o location 1 2 The varls .., hnriscnn available for recreation space for use by the ful 3. Based on a review of vehicle ownership for ren reduction to the parking requirement will not re parking demands. T.he reduction lit parking on area and allow forbuffering the adjacent low do tea- 4..The reduction in the parking requirementwill a available to the residents of the building that m dimensions required in Section 63.146. The mi fewer parking spaces than required by the zoni compared to 112 spaces required based on the bedrooms). Page 11 City Planning and Zoning Commission Minutes Hearing Date: September 27, 2006 Mr. Pestka moved to recommend approval of Variance#06-16 by Joe Weis Builders for Non-residential use on the Ground Level with the below findings. Mr. McGuine seconded':' the motion. The motion carried 6-0. FINDINGS. x , 1. There are extraordinary c 2. The proposed use is a re 3. The proposed use of the I detrimental to the adjacei south and east 4. This is the minimum nece ed.to permit the T Ildf z��� Mr. Ohly moved to recommend that the City Council initiate rezoning of the balance of the block to be consistent with their decision. Mr. Barry seconded the motion. The motion carried 6-0. OTHER BUSINESS: 1. As may be brought up with members No discussion items were brought forward. ADJOURN: Motion made by Mr. Ohly to adjourn, seconded by Mr. McGuine. Mr. Burke, Chair, adjourned the meeting at 8:55 p.m. Respectfully Submitted: Philip H. Wheeler, AICP jlg Mr. Jay Burke, Chair REQUEST FOR COUNCIL ACTION rs� � MEETING DATE: 11-6-06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONTINUED - PUBLIC HEARINGS PLANNING_ r/ ITEM DESCRIPTION: Zoning District Amendment #06-06 by Weis PREPARED BY: Development Corp. The applicant is proposing to amend the Mitzi A. Baker, Zoning Map from "R-3" Medium Density Residential to "CDC- Senior Planner Fringe" to facilitate development. The property is located between 3rd and 4t" Ave SE and between 5tn and 6th St. SE. fJ PT E :.8e¢ C eG en1%r,�.¢a.�� !—R October 30, 2006 The applicant previously requested continuing this item to the November 6, 2006 Council meeting. The Staff recommendation varies from the recommendation from the Rochester Planning and Zoning Commission. Please see the staff report and recommendations as well as the Planning Commission minutes for details. City Plannina and Zoning Commission Recommendation: The City Planning and Zoning Commission held a public hearing on September 27, 2006 to consider this petition. Mr. Ohly moved to recommend approval of Zoning District Amendment #06-06 with the staff - recommended findings for the CDC -Fringe District, with the exception of changing finding number 2 to state "The permitted uses allowed within the CDC Fringe will be appropriate on the subject property and compatible with adjacent properties and the neighborhood". Mr. Barry seconded the motion. The motion carried 5-1, with Mr. Wallace voting nay. Mr. Ohly moved to recommend that the City Council initiate rezoning of the balance of the block to be consistent with their decision. Mr. Barry seconded the motion. The motion carried 6-0. Council Action Needed: The Council should direct the City Attorney to prepare findings of fact reflecting the Councils decision on this zone change. If the Council approves this zone change as petitioned, it should instruct the City Attorney to prepare an ordinance that can be adopted supported by findings of fact and conclusions of law to amend the Zoning for the property. COUNCIL ACTION: 7t Motion By: Seconded By: y I�' I �h Action: f' ROCnESTER-OLMSTED PLANNING DEP.AucIMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 c o u ... OF www.olmstedcounty.com/planning TO: City Planning and Zoning Commission FROM: Mitzi A. Baker, Senior Planner �gs+'A+a►�Rii'�� DATE: September 21, 2006 RE: Land Use Plan Amendment #06-03 and Zoning District Amendment #06-06 by Joe Weis Builders. The applicant is proposing to amend the Rochester Urban Service Area Land Use Plan to designate a portion of Block 3 East Rochester Addition from "medium density residential" to "commercial" and to amend the Zoning Map from "R-3" Medium Density Residential to "CDC -Fringe" to facilitate development. The property is located between 3rd and 4th Ave SE and between 5th and 6t' St. SE. Planning Department Review: Petitioner: Joe Weis — Weis Builders 2227 7'h Street NW Rochester, MN 55901 Surveyor/Consultant: Yaggy Colby Associates 717 Third Ave SE Rochester, MN 55906 Location of Property: The property is located between 3rd and 4'h Ave SE and between 5'h and 61h St. SE. The applicant is proposing to amend the land use designation and zoning for the central 2/3 of the block platted as Block 3, East Rochester Addition. Requested Action: The applicant is proposing to amend the Rochester Urban Service Area Land Use Plan designation fora portion of Block 3 East Rochester Addition from "medium density residential" to "commercial' and to re -zone a op rtion of the block from R-3 Multi - Family Residential to CDC -Fringe. Existing Land Use: The property is currently developed with numerous multi -family dwellings. Parcels included in this petition include a total of 13 dwelling units. BUILDING CODE 507/285-8345 - GIS/ADDRESSING/MAPPING 507/285-8232 - HOUSING/HRA 507/285-8224 PLANNING20NING 507/285-8232 • WELLSEPTIC 507/285-8345 FAX 507/287-2275 AN EQUAL OPPORTUNITYIAFFIRMATIVE ACTION EMPLOYER =�r Page 2 Proposed Land Use: The applicant is proposing to redevelop the site with multi -family housing. Approximately 8 dwellings with 13 dwelling units would be razed for the project. According to the neighborhood meeting minutes, the applicant is proposing a multi -family apartment building with approximately 66 dwelling units. Adjacent Land Use and As demonstrated on the attached maps: Zoning: North: "commercial" land use designation and CDC -Fringe Zoning developed with commercial uses West: "industrial" land use designation and M-1 zoning, currently a surface parking lot South: "low density residential" land use designation, and both R-2 and R-3 zoning, developed with residential dwellings East: "medium density residential" land use designation and R-3 zoning developed with residential dwellings. Transportation Access: Access is proposed from 4tb Ave SE, according to the proposed General Development Plan for this property (#271). Wetlands: This is a re -development site. There are no known Wetlands within the project site. Referral Comments: 1. See comments attached to GDP #271 Report Attachments: 1. Location Map The applicants and their representatives met with Planning staff on several occasions prior to filing their applications. The Planning Department recommended alternatives for pursuing development of this property with multi -family housing and discouraged pursuing development through a Land Use Plan Amendment to "commercial", a Zone Change to "CDC -Fringe" with a Variance to the requirement for non-residential uses on the first floor of the building. The intended development of the property has no commercial component. Alternatives for pursing this development, as communicated to the applicant and representatives, (Yaggy Colby staff) are: a) File a Restricted Development Conditional Use Permit application for the project, under the current R-3 zoning; OR b) File a Land Use Plan Amendment to "high density residential' for the whole block, or request that the City initiate the amendment if signatures from all property owners could not be secured; and file a Zone Change request for the whole block to "R-4, High Density Residential' or possibly "CDC -Residential'; again requesting the City initiate the amendment if signatures from all property owners could not be secured. This alternative may also require an Incentive Development to achieve the density and floor area ratio proposed for the site (as identified in the neighborhood meeting minutes and supplemental information provided by Yaggy Colby Associates). For reasons unknown, the applicant wanted to avoid public a review and determination of the project specifics (site plan, building elevations and materials, landscaping, etc). The project as proposed includes approximately 2/3 of the central portion of the block and is a piecemeal, incoherent approach to planning and development of the area. Furthermore, the applicant proposes a "commercial" Land Use Plan designation and Zoning which is inconsistent with the project proposal for multi -family residential only, with no commercial component. i Page 3 This entire block presents a unique opportunity to plan for and accommodate high density residential uses within close proximity to the downtown, major employment, entertainment, retail, and the multiple types of pedestrian facilities in the area including: sidewalks, trails and the skyway and subway system. After reviewing the Rochester Urban Service Area Land Use Plan, the Rochester Zoning Ordinance and Land Development Manual, land use patterns in the Central Business District and surrounding core, Planning recommends that the entire block between 3rd and 4eh Ave SE, and between 5' and 61h St. SE should be considered for "high density residentiar designation on the Land Use Plan and "R-4 Nigh Density Residential' zoning on the Zoning Map. Although the applicant proposes to amend the land use designation and zoning for only a portion of the block, it is necessary to consider the land use and zoning most suitable for the whole block. Whatever course of action determined appropriate by the Council for the portion of the block included in this petition, staff recommends that the Council initiate amendments to the land use designation and zoning for the balance of the block to facilitate coherent planning for the entire block. Otherwise, two lots along the north side of the block, and four lots along the south side of the block would remain zoned R-3, resulting in undesirable land use and zoning boundaries within the block. This block is located between 3rd and 4'h Ave. SE, and 5" and 61h Street SE, and is legally platted as Block 3 East Rochester Addition. Criteria from The Rochester Urban Service Area Land Use Plan & Staff Suggested Findings: Commercial Land Use Designation: Regional shopping centers, defined as including one or more major department stores, or several specialty stores, are best suited in areas with the following characteristics: a. Located at the intersection of a major arterial or higher level street with similar or higher level streets. This proposal would expand an existing "commercial" land use boundary on the Rochester Urban Service Area Land Use Plan. The greater area includes the intersection of Broadway (Expressway) and 4ih Street (Major Urban Arterial), and also the intersection of 4ih with Yd Ave SE (Major Urban Arterial). b. Having level terrain. This site is developed, and has some variation in terrain. The northeast corner of the block is the low area of the block. The center is higher than the north and south ends of the block. c. Having good pedestrian, vehicular, and transit access. The area generally has good pedestrian and transit access. Few locations in the community have the opportunity to develop within a relatively short walking distance of the downtown and the skyway and subway system. d. Having at least 40 acres of land suitable for commercial development. This site, if considered as part of the greater commercial center of the downtown, includes at least 40 acres of land. i > E Page 4 High Density Residential Land Use Designation: High density uses are most suitable in areas with the following characteristics: a. Having level to fairly rolling terrain, outside flood prone or poorly drained areas, or areas with steep slopes. The block has level to slightly rolling terrain, is outside offlood prone areas with no steep slopes. Drainage and storm water management would be reviewed and addressed with a specific development proposal. b. In close proximity to major shopping areas, major employment centers, recreational and cultural facilities, and other facilities that serve smaller households. This entire block presents a unique opportunity to plan for and accommodate high density residential uses within close proximity to the downtown, major employment, entertainment, convenience retail, and the multiple types of pedestrian facilities in this area including: sidewalks, trails and the skyway and subway system. c. Having immediate pedestrian, highway, and transit access to commercial areas, community facilities, and major employment centers. This block has existing pedestrian facilities linking it to a comprehensive network of sidewalks and trails as well as the skyway and subway system within the Central Development Core. This block presents a unique opportunity to plan for and accommodate high density residential uses within close proximity to the downtown, major employment, entertainment, convenience commercial areas, communityfacilities, pedestrian facilities and transit. Trunk Highway 63 is within close proximity to the site. d. Buffered from the adverse influences of industrial and other incompatible activities. Third Ave SE serves as a division between "industrial" land uses and "residential" uses as demonstrated in the attached existing Land Use Plan Map and Zoning Map. Fifth Street SE in this location currently serves as a division between "commercial' land use and zoning and "residential" land use and Zoning. e. Not adversely affecting adjoining low -density residential areas. As demonstrated on the attached Land Use Plan and Zoning Map, this block is at a pivotal point between commercial and Central Development Core -Fringe uses and medium and low density residential land use and zoning. It is strategically located to serve as a transitional block between the CDC -Fringe and medium density and low density land uses and zoning without adversely affecting low -density residential areas. Rochester Zoning Ordinance and Land Development Manual Criteria & Proposed Findings for Zone Change Petition #06-03: Under the provisions of Paragraph 60.336 of the Rochester Land Development Manual, the Commission shall recommend for approval and the Council shall approve, an application requesting an amendment to the zoning map if the amendment satisfies the following criteria: i Page 5 1) The criteria of this subdivision apply to those amendments to the zoning map filed by formal petition. An amendment need only satisfy one of the following criteria: a) The area, as presently zoned, is inconsistent with the policies and goals of the Comprehensive Plan; b) The area was originally zoned erroneously due to a technical or administrative error; c) While both the present and proposed zoning districts are consistent with the Plan, the proposed district better furthers the policies and goals of the Comprehensive Plan as found in Chapters 2 and 3 of the Rochester Urban Service Area Land Use Plan, Chapter 3 of the Housing Plan, and Chapter 10 of the ROCOG Long Range Transportation Plan; or d) The area has changed or is changing to such a degree that it is in the public interest to rezone so as to encourage development or redevelopment of the area. Proposed CDC -Fringe: The current zoning is not inconsistent with the existing Land Use Plan, however an amendment (1f06-03) is being considered concurrent with this application. Action taken on that petition will determine whether this zoning district would be consistent with the Land Use Plan. Changes in the Central Business District, including expanding medical, medical research and educational facilities create a climate in which it may be in the public interest to encourage redevelopment in this area. R-4: The current zoning is not inconsistent with the existing Land Use Plan, however an amendment (#06-03) is being considered concurrent with this application. Action taken on that petition will determine whether this zoning district would be consistent with the Land Use Plan. Changes in the Central Business District, including expanding medical, medical research and educational facilities create a climate in which it may be in the public interest to encourage redevelopment in this area. 2) The criteria of this subdivision also apply to those amendments to the zoning map filed by formal petition. However, an amendment must satisfy all of the following criteria: a) the permitted uses allowed within the proposed zoning district will be appropriate on the subject property and compatible with adjacent properties and the neighborhood; and Proposed CDC -Fringe: Third Ave SE serves as a division between "industrial' and "residential" land uses and zoning as demonstrated in the attached existing Land Use Plan Map and Zoning Map. Fifth Street SE, in this location currently serves as a division between "commercial' land use and zoning and "residential" land use and zoning. A more intense residential zoning district (R-4) would provide a smoother transition between the commercial uses and the medium and low density residential land uses and zoning, than an extension of the CDC -Fringe would. Extension of the CDC -Fringe should be considered if the City is committed to requiring integration of non- residential uses at the ground floor level of multi family residential uses. Rezoning only the central 213 of the block 10 CDC -Fringe; leaving segments along the north and south sides as R-3, would not be desirable. Section 60.620 of the Rochester Zoning Ordinance and Land Development Manual includes the following description of the CDC -Fringe District: i Page 6 j J That portion of the Central Development Core which lies outside the identified "central business district", "medical", and "high density residential" designations oj'the Land Use Plan, where it is the intent to provide a location for less intensive commercial and service uses which are necessary or tend to support and enhance the activities within the CBD area. R-4: Third Ave SE serves as a division between "industrial" and "residential' land uses and zoning as demonstrated in the attached existing Land Use Plan Map and Zoning Map. Fifth Street SE, in this location currently serves as a division between "commercial' land rise and zoning and "residential" land use and zoning. As demonstrated on the attached Land Use Plan and Zoning Map, this block is at a pivotal point between Central Development Core -Fringe commercial rises and medium and low density residential land use and zoning. It is strategically located to serve as a transitional block between the CDC -Fringe and R-3(medium density residential) and R-2(low density residential) zoning without adversely affecting low -density residential areas. Section 60.620 of the Rochester Zoning Ordinance and Land Development Manual includes the following description of the R-4 High Density Residential district: ➢ This district is intended to maintain areas for multi family residential uses of the highest intensity, along with supportive commercial, office and service uses of similar intensity, in locations with proximity to the Central Development Core and major employment centers. b) the proposed amendment does not involve spot zoning. (Spot Zoning involves the reclassification of a single lot or several small lots to a district which is different than that assigned to surrounding properties, for reasons inconsistent with the purposes set forth in this ordinance, the state enabling legislation, or the decisions of courts in this state). Proposed CDC -Fringe: This amendment would not constitute spot zoning, if an amendment to the Land Use Plan and Zoning Map are initiated for the balance of the block, to be consistent with the Council decision on both Land Use Plan Amendment #06-03, and Zoning District Amendment #06-06. R-4: This amendment would not constitute spot zoning, if an amendment to the Land Use Plan and Zoning Map are initiated for the balance of the block, to be consistent with the Council decision on both Land Use Plan Amendment #06-03, and Zoning District Amendment #06-06. Staff Recommendation: The southeast quadrant of the City is the only quadrant void of land zoned R-4 High Density Residential; and also the only quadrant of the Central Development Core not supported by high density residential land use and zoning. This entire block presents a unique opportunity to plan for and accommodate high density residential uses within close proximity to the downtown, major employment, entertainment, retail, and the multiple types of pedestrian facilities in the area including: sidewalks, trails and the skyway and subway system. After reviewing the Rochester Urban Service Area Land Use Plan, the Rochester Zoning Ordinance and Land Development Manual, land use patterns in the Central Business District and Page 7 surrounding core, Planning recommends that the entire block between 3rd and 4`h Ave SE, and between 5` and 6th St. SE should be considered for "high density residential' designation on the Land Use Plan and "R-4 High Density Residential' zoning on the Zoning Map. Although the applicant proposes to amend the land use designation and zoning for only a portion of the block, it is necessary to consider the land use and zoning most suitable for the whole block. Whatever course of action determined appropriate by the Council for the portion of the block included in this petition, staff recommends that the Council initiate amendments to the land use designation and zoning for the balance of the block to facilitate coherent planning for the entire block. Otherwise, two lots along the north side of the block, and four lots along the south side of the block would remain zoned R-3, resulting in undesirable land use and zoning boundaries within the block. The block is legally platted as Block 3 East Rochester Addition. Since the petition proposed a more intense land use designation and zoning than recommended by staff, the City Council could consider and act on the staff recommendation. Which ever course of action is taken, the City Council will need to initiate amendments to the Rochester Urban Service Area Land Use Plan and Zoning Map for the balance of the block not included in this petition, to establish a coherent Plan for the whole block. V l ��i 11MI i'35 MEETING REQUEST FOR COUNCIL ACTION 1 SECTION: CONTINUED - PUBLIC HEARINGS ING DEPT: PLANNING ITEM DESCRIPTION: General Development Plan #271 by Joe Weis Builders, to be known as Village on 3rd. The Plan proposes developing a portion of Lots 1 and 4 and all of Lots 5-10, Block 3 East Rochester Addition with four story multi- family residential and parking. 2, 2006 /J a-E : J&P- 6PZC -n' `"d L t cPi1 DATE: 11-6-06 ITEM NO. -- C _ PREPARED BY: Mitzi A. Baker, Senior Planner NOTE: The Planning Commission did approve Variance #06-16, to permit a reduction to the required off street parking, and also to allow residential use of the lower floor of the building. City Planning and Zoning Commission Recommendation: The City Planning and Zoning Commission held a public hearing on August 27, 2006: Mr. Ohly moved to recommend approval of General Development Plan #271 with the staff -recommended findings and conditions. Mr. McGuine seconded the motion. The motion carried 5-1, with Mr. Wallace voting nay. CONDITIONS: 1. The GDP shall be revised to accommodate the following: ➢ Dedication of a T wide Pedestrian Facilities and Right-of-way Maintenance Easement along the entire frontage of P Ave. 2. A grading and drainage plan approval is required prior to Final Plat submittal or prior to building permit approval if no plat is required. Payment of a Storm Water Management Area Charge will be applicable for any net increase in impervious surface associated with the proposed development. 3. The northerly parking lot shall be signed as "Resident/Assigned Parking Only" to prevent the use of 4th Ave., SE for circulation between the two parking lots. 4. Execution of a City -Owner Contract, and dedication of any applicable off -site public easements is required prior to construction of any public infrastructure required to serve this development. 5. The boulevard and curb and gutter along the frontage shall be restored where removed as part of this project. 6. Pedestrian facilities along the frontages will be reviewed by the Public Works staff. Any needed panel repair/replacement shall be completed concurrent with development of this project. 7. All unused water services to this site must be abandoned properly at the maithe street per RPU requirements. COUNCIL ACTION: Motion Second Ceti., Page 2 RCA November 2, 2006 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. Distribution: 1. City Administrator 2. City Attorney: 3. Planning Department File 4. Applicant: This item will be considered some time after 7:00 p.m. on Monday November 6, 2006 in the Council / Board Chamber at the Rochester - Olmsted Government Center Building NVId IN3WdOl3A34 1v213MD Mimi, (INE UO 3OV111A < 1 RE \/%% ROCnBSTER-OLNISTED PLANNING DEPAtcfMENT 4rN` 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 c o a x I OF www.olrnstedcounty.com/planning TO: City Planning and Zoning Commission FROM: John Harford, Senior Planner p�•RpCHES TER •g77.UtF Gam: '• r pRA TED•A UGUST •' DATE: September 15, 2006 RE: General Development Plan #271 and Variance #06-16 by Joe Weis Builders, to be known as Village on 3rd. The Plan proposes developing a portion of Lots 1 and 4 and all of Lots 5-10, Block 3 East Rochester Addition with four story multi -family residential and parking. Variances are requested to reduce the number of off-street parking stalls and eliminate the required commercial component and allow residential units on the lower floor. Plannina Department Review. Applicant/Owner: Joe Weis — Weis Builders 2227 7" St., NW Rochester, MN 55901 Consultants: Yaggy Colby Associates 717 3rd Ave., NW Rochester, MN 55904 Size and The site includes parts or all of several lots within Block 3 east Rochester Location: Addition located east of SO Ave., SE, north of 61h St., SE., west of 4'h Ave., SE, and south of 5'h St., SE. The several lots combined are approximately 1.12 acres in size. Existing Land The property is currently developed and consists of single family and Use: multi -family dwellings. According to county property records there are 13 dwelling units on the 8 lots included in this GDP, and a total of 30 in this block. Proposed Use: The General Development Plan for this property identifies a proposal for a multi -family residential building consisting of 66 units. The proposal consists of 20 three bedroom units, 32 two bedroom units, and 14 one bedroom units. The density of the project is approximately 59 units per acre. The proposed building consists of approximately 22,400 square feet footprint. With four floors the Floor Area Ratio is approximately 1.84. Land Use Plan: The property is designated for "Medium Density Residential' on the Rochester Urban Service Area Land Use Plan. The applicant proposes an amendment to the "Commercial' designation. BUILDING CODE 5071285-8345 - GISiADDRES5ING/MAPPING 507/285-8232 - HOUSINGIHRA 507/285-8224 PLANNING/ZONING 5071285-8232 - WELLISEPTIC 507/285-8345 FAX 507/287-2275 CC„JJ AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 General Development Plan September 20, 2006 Zoning: The property is currently zoned R-3, "Medium Density Residential". The applicant is requesting a Land Use Plan Amendment and rezoning from R-3 "Medium Density Residential" to CDC -Fringe. The lands to the east, south, and to the north are zoned R-3, and to the west of 3`d Ave. is the CDC -Fringe district. The proposed density and the Floor Area Ratio are slightly above the Type I density of 58.08 units an acre and somewhat higher than the FAR of 1.28. These numbers are also the same in the R-4 "High Density Residential" district. Streets: Access will be from 4t" Ave., SE for the at -grade parking and underground parking. In the Transportation Plan 3rd Ave. one block is designated as a Major Urban Arterial, 6" St. is designated as a Primary Urban Collector, and 41" St is designated as a Major Urban Arterial. Sidewalks: Pedestrian facilities are required and exist currently on the east, west, and south sides of the project. Drainage: This site is relatively level on the southerly portion of the site and slopes to the northeast on the northerly portion of the site. The change in grade is approximately 8' from the center of the block to the northeast corner of the property. Stormwater runoff is primarily to the east and west and to the right of way. The increase in the impervious surface compared to the current conditions will cause and increase in the stormwater flows from the property. A stormwater system exists for this and surrounding properties in the public right of way. Detailed grading and drainage plans will be required when the property is platted or developed, and will need to address runoff to adjacent properties and the public system in the street right of way. Wetlands: No hydric soils exist on this site according to the Soil Survey. There are not wetlands on these several lots. Public Utilities: Sanitary sewer, water and electrical services currently serve these lots. All unused water services to this site must be abandoned properly at the main in the street per RPU requirements. Parkland Parkland dedication requirements appear not to require dedication or Dedication: cash in lieu of dedication for this development. Report 1. Proposed General Development Plan & Narrative Attachments: 2. Narrative for variances. 3. Referral Comments Staff Suggested Findings and Recommendation: Page 3 General Development Plan September 20, 2006 Paragraph 61.215 of the Rochester Zoning Ordinance and Land Development Manual lists the criteria for approval of a general development plan. Staff suggested findings are in bold italics print. Criteria A. The proposed land uses are generally in accord with the adopted Comprehensive Plan and zoning map, or that the means for reconciling any differences have been addressed. A GDP may be processed simultaneously with a rezoning or plan amendment request. The Rochester Urban Service Area Land Use Plan identifies this property for "Medium Density Residential" and is zoned R-3 (Medium Density Residential). A Land Use Plan amendment and Zoning District amendment are being considered concurrent with this application ("Commercial" and CDC -Fringe). If approved, this GDP would not be inconsistent with the Land Use Plan and Zoning designations. However, the proposal is more closely associated with the "CDC -Residential" or R-4 "High Density Residential" designations. 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. The GDP identifies a multi -family building that is under the maximum established Floor Area Ratio for the CDC -Fringe of 4.0. Bufferyards will be required along exterior property boundaries in accordance with the Rochester Zoning Ordinance and Land Development Manual. Proposed uses on the property should be compatible with adjacent land uses, with the appropriate bufferyards in place. There is no internal connection between proposed parking areas (under building and surface lots) therefore there is the need to require the parking lots to be signed and utilized differently by residents to reduce the potential for using 4fh St. as the travel lane for parking. Criteria C. The mix of housing is consistent with adopted Land Use and Housing Plans. The Rochester Urban Service Area Land Use Plan designates this property as "Medium Density Residential' and is zoned R-3 (Medium Density Residential). A Land Use Plan amendment and Zoning District amendment are being considered concurrent with this application. if approved, this GDP would not be inconsistent with the Land Use Plan and Zoning designations. The mix of housing in this area would help further the policies and goals found in Chapters 2 and 3 of the Rochester Urban Service Area Land Use Plan, which encourage developing a range of densities and development styles and in close proximity to the major employment center within the city, the downtown area. This development could also help to further goals and policies found within Chapter 3 of the Housing Plan to increase the supply of housing. 0 99 � Page 4 p ; General Development Plan September 20, 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. This plan is located within a fully developed area of the city. No large scale improvements to the public rights of way are anticipated. Development of this property should not result in the trip volumes exceeding capacity limitations. Criteria E. On and off -site public facilities are adequate, or will be adequate if the development is phased in, to serve the properties under consideration and will provide access to adjoining land in a manner that will allow development of those adjoining lands in accord with this ordinance. Street system adequacy shall be based on the street system's ability to safely accommodate trips from existing and planned land uses on the existing and proposed street system without creating safety hazards, generating auto stacking that blocks driveways or intersections, or disrupting traffic flow on any street, as identified in the traffic impact report, if required by Section 61.523(C). Capacity from improvements in the first 3 years of the 6-year CIP shall be included in the assessment of adequacy. Development of this property should not result in the trip volumes exceeding capacity limitations of the existing street network. 2. Utilities are now available to directly serve the area of the proposed land use, or that the City of Rochester is planning for the extension of utilities to serve the area of the proposed development and such utilities are in the first three years of the City's current 6-Year Capital Improvements Program, or that other arrangements (contractual, development agreement, performance bond, etc.) have been made to ensure that adequate utilities will be available concurrently with development. If needed utilities will not be available concurrent with the proposed development, the applicant for the development approval shall stipulate to a condition that no development will occur and no further development permit will be issued until concurrency has been evidenced. Sanitary sewer and watermain are available to this property as the properties to be redeveloped are currently served. Streets and sidewalk are already present. Detailed grading and drainage plans will be required when the property is platted or developed. 3. The adequacy of other public facilities shall be based on the level of service standards in Section 64.130 and the proposed phasing plan for development. e Page 5 r General Development Plan September 20, 2006 The applicant will need to dedicate a 7' wide Pedestrian Facilities and Right -of -Way Maintenance Easement along the entire frontage of 3rd Ave. Criteria F. The drainage, erosion, and construction in the area can be handled through normal engineering and construction practices, or that, at the time of land subdivision, a more detailed investigation of these matters will be provided to solve unusual problems that have been identified. This site is relatively level with drainage currently to the stormwater system within the existing right of way. Detailed grading and drainage plans will be required when the property is platted or developed. Criteria G. The lot, block, and street layout for all development and the lot density for residential development are consistent with the subdivision design standards contained in Section 64.100 and compatible with existing and planned development of adjacent parcels. The Rochester Urban Service Area Land Use Plan designates this property for "Medium Density Residential" and is zoned R-3 (Medium Density Residential). A Land Use Plan amendment and Zoning District amendment are being considered concurrent with this application. if approved, this GDP would not be inconsistent with the Land Use Plan and Zoning designations. The more suitable designation for this project would be the R-4 district or the CDC -Residential district. The GDP proposes a multi -family building with both underground and surface parking. Bufferyards will be required along exterior property boundaries in accordance with the Rochester Zoning Ordinance and Land Development Manual. Proposed uses on the property should be compatible with adjacent land uses, with the appropriate bufferyards in place. A complete zoning review will be performed at a later date through the Site Development Plan process to verify compliance with all zoning regulations for specific site development. Recommendation for GDP: Staff recommends that the decision on the GDP be consistent with the land use plan and zoning amendments and variance requests subject to the following modifications or conditions: 1. The GDP shall be revised to accommodate the following: r Page 6 General Development Plan September 20, 2006 Dedication of a 7' wide Pedestrian Facilities and Right-of-way Maintenance Easement along the entire frontage of 3rd Ave. 2. A grading and drainage plan approval is required prior to Final Plat submittal or prior to building permit approval if no plat is required. Payment of a Storm Water Management Area Charge will be applicable for any net increase in impervious surface associated with the proposed development. 3. The northerly parkinp lot shall be signed as "Resident/Assigned Parking Only" to prevent the use of 4` Ave., SE for circulation between the two parking lots. 4. Execution of a City -Owner Contract, and dedication of any applicable off -site public easements is required prior to construction of any public infrastructure required to serve this development. 5. The boulevard and curb and gutter along the frontage shall be restored where removed as part of this project. 6. Pedestrian facilities along the frontages will be reviewed by the Public Works staff. Any needed panel repair/replacement shall be completed concurrent with development of this project. 7. All unused water services to this site must be abandoned properly at the main in the street per RPU requirements. Note: The applicant will need to meet the requirements of the Fire Department as indicated in the memo dated 9119106. Variance Reauests: The applicant has requested a variance to Sections 62.422 and 63.426 for amount of on -site parking and 62.727(1) requiring that non residential use be located on the ground level of the development. On -site Parking: The applicant proposes 66 units in a configuration of sizes that requires 102 parking spaces plus 10 spillover spaces (63.246). The applicant proposes to provide 94 spaces requiring a variance of 18 spaces. 60.417 Findings for Variances: In taking action on a variance request, the approval authority shall make findings supporting the decision based on the following guidelines: Subdivision 1. The approval authority may grant a variance to the provisions of this ordinance if it finds that: 1. there are extraordinary conditions or circumstances, such as irregularity, narrowness, or shallowness of the lot or exceptional topographical or physical conditions which are peculiar to the property and do not apply to other lands within the neighborhood or the same class of zoning district; �. Page 7 General Development Plan r September 20, 2006 Individuals living in rental housing own fewer vehicles based on the 2000 Census. Slightly over 80% of the renter occupied units in one of the census tracts and nearly 70% in another have access to 1 or fewer vehicles per unit. The applicant proposes to provide 1.4 parking spaces per unit. Alternate modes of transportation exist and the need for parking based on lower vehicle ownership indicates a unique condition for this housing type in a location immediately adjacent to the major employment center for the city. The lot configuration and access only to 4th Ave. creates a unique situation also by limiting the parking location for this development proposal. 2. the variance is necessary to permit the reasonable use of the property involved; The variance will allow for a reduction in impervious surface and increase the landscape area and bufferyard adjacent to existing residential units and area available for recreation space for use by the future tenants. 3. the variance will not be materially detrimental to the public welfare or materially injurious to other property in the area, is in harmony with the general purpose and intent of this ordinance; and Based on a review of vehicle ownership for rental housing in the 2000 Census a reduction in the parking requirement will not result in an impact on the off site parking demands. The reduction in parking on site will increase the landscape area and allow for buffering the adjacent low density residential properties. 4. the variance as granted is the minimum necessary to provide reasonable economic use of the property. The reduction in the parking requirement will allow for usable recreation space available to the residents of the building that meets or exceeds the minimum dimensions required in Section 63.146. The minimum variance is to allow for 18 fewer parking spaces than required by the zoning ordinance (94 spaces proposed compared to 112 spaces required based on the number of dwelling units and bedrooms). The extraordinary conditions or circumstances shall be found not to be the result of an action by the applicant or property owners who have control of the property. Non-residential Use on the Ground Level: 60.417 Findings for Variances: In taking action on a variance request, the approval authority shall make findings supporting the decision based on the following guidelines: Subdivision 1. The approval authority may grant a variance to the provisions of this ordinance if it finds that: 1. there are extraordinary conditions or circumstances, such as irregularity, narrowness, or shallowness of the lot or exceptional topographical or physical conditions which are Page 8 General Development Plan September 20, 2006 peculiar to the property and do not apply to other lands within the neighborhood or the same class of zoning district; There are no extraordinary conditions or circumstances that cannot be addressed through the use of the appropriate zoning district for this property and proposal. 2. the variance is necessary to permit the reasonable use of the property involved; The proposed use is a reasonable of the property that can be accommodated through the appropriate zoning district designation that does not require a variance to Section 62.727(t) limiting the use of the first floor to non-residential uses. 3. the variance will not be materially detrimental to the public welfare or materially injurious to other property in the area, is in harmony with the general purpose and intent of this ordinance; and The proposed use of the first floor of the building for residential units will not be detrimental to the adjacent properties as the area is residential in nature to the south and east. 4. the variance as granted is the minimum necessary to provide reasonable economic use of the property. If approved the minimum necessary variance will be to permit the establishment of residential units on the first floor of the building. The extraordinary conditions or circumstances shall be found not to be the result of an action by the applicant or property owners who have control of the property. /9t \w�' ROCHESTER M4k TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DATE: 9/15/06 DEPARTMENT OF PUBLIC WORKS 201 4' Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the application for General Development Plan #271 & Variance #06-06 for the proposed Village on 3`d residential development. The following are Public Works comments on this request: 1. Grading & Drainage Plan approval is required prior to Final Plat submittal, or prior to building permit approval of no plat is required. Payment of a Storm Water Management Area Charge will be applicable for any net increase in impervious surface associated with the proposed development. 2. Dedication of a 7 ft wide Pedestrian Facilities and Right-of-way Maintenance Easement is required along the entire frontage of the Property abutting 3` 1 Ave SE. 3. As discussed during the pre -development meeting, the northerly parking lot shall be signed as "Resident / Assigned Parking Only" to prevent the use of 4`h Ave SE as circulation between the two parking lots. 4. Execution of a City -Owner Contract, and dedication of any applicable off -site public easements is required prior to construction of any public infrastructure required to serve this development. 5. The boulevard, and curb & gutter shall be restored along the frontage of all existing driveways that will be removed as part of this project. The condition of existing pedestrian facilities along the frontages of the Property will be reviewed by Public Works staff and any needed panel repair, and / or replacement shall be completed concurrent with development of this project. Charges/fees applicable to the development of this property will include: ❖ Sewer Availability Charge (SAC) @ $2105.70 per developable acre Water Availability Charge (WAC) @ $2105.70 per developable acre ❖ Storm Water Management Area Charge — TBD Plant Investment Fee — Calculated and collected through the Building Permit approval process. C1Documents and Set6ngstplajgam\Local Settings\Temporary Internet FileM0LK61\GDP271 Village on 3rd (Weis).doc J.g y 1 tl t: The hand to reach for... DAVID A. KAPLER Fire Chief DATE: September 19, 2006 TO: Jennifer Gayness, Planning FROM: R. Vance Swisher, Fire Marshal SUBJ: GDP #271 by Joe Weis Builders, to be known as Village on 3rtl. The plan proposes to develop a four story multi -family residential and parking building. 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 multi -family development shall be no less than 2,500 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. 3. Fire Department Assess shall be provided so that all portions of the building can be reached within 150 feet of a paved surface for fire department apparatus parking. 4. All street, directional and fire lane signs must be in place prior to occupancy of any buildings. 5. 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) Weis Builders Yaggy Colby Associates (e-mail only) we ptidir, we deliver September 11, 2006 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: General Development Plan #271 by Joe Weis Builders to be known as Village on 3rd. Dear Ms. Garness: Our review of the referenced general development plan is complete and our comments follow: 1. Static water pressures within this area will range from the mid to upper 70's PSI at the ground floor level. 2. All unused water services to this site must be abandoned properly at the main in the street per our requirements. 3. The Fire Prevention Bureau will need to comment on the location of the existing fire hydrants as they relate to protection of this building. If additional hydrant(s) are required we will work with the applicant's engineering firm on the needed system extension requirements. Please contact us at 507-280-1500 if you have questions. Very truly yours, 06MA (Z Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Gale Mount, Building & Safety Joe Weis, Weis Builders Yaggy Colby Associates Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 Harford John From: Jason Woodhouse Woodhouse@yaggy.com] Sent: Tuesday, September 19, 2006 1:06 PM To: Harford John Subject: Re: Village on 3rd John - There is underground parking for the building. Building Footprint: 22,400 SF +!- Landscape/Play Area: 14,500 SF +/- Pavement Area: 11,800 SF +/- Total Site: 48,700 SF +/- Hopefully that answers your questions. Let me know if you need anything else. Thanks! Jason Jason Woodhouse, AIA Project Architect Yaggy Colby Associates Rochester, Minnesota 55904 (507) 288-6464 Fax (507) 288-5058 jwoodhouseayaggy.com >>> "Harford John" <harford.john9CO.OLMSTED.MN.US> 09/18/06 03:58PM >>> Jason, I am reviewing the GDP application for this project. Can you tell me if there is underground parking proposed, as it looks that way on the drawings that were submitted (and based on the number of dwelling units per the variance request)? Do you have an idea of the floor area of the project and landscape area and recreation space? John Harford Rochester -Olmsted Planning Department 1 11 Baker Mitzi From: Jason Woodhouse jjwoodhouse@yaggy.com] Sent: Tuesday, September 12, 2006 10:01 AM To: Baker Mitzi; Mark Root Subject: Re: Village on 3rd Mitzi - There are 66 units proposed, consisting of approximately (20) 3-bedrooms, (32) 2-bedrooms and (14) 1-bedrooms. Let me know if you have any other questions. Thanks. Jason Jason Woodhouse, AZA Project Architect Yaggy Colby Associates Rochester, Minnesota 55904 (507) 288-6464 Fax (507) 288-5058 jwoodhouse@yaggy.com >>> "Baker Mitzi- <baker.mitzi@CO.OLMSTED.MN.US> 09/11/06 11:14AM >>> Mark: How many units are being proposed in the Weise project? Mitzi A. Baker Senior Planner Monday - Thursday Phone: 507-287-1696 FAX: 507-287-2275 "The moral test of government is how it treats those who are in the dawn of life, the children; those who are in the twilight of life, the aged; and those who are in the shadow of life, the sick, the needy, and the handicapped." Hubert H. Humphrey 1 YCA t#9627 LD2 8-29-06 VILLAGE ON 3RD GENERAL DEVELOPMENT PLAN Village on 3rd is located in SE Rochester bordering to the north by existing developed property, on the west by 3`d Avenue SE, on the ease by 4th Avenue SE and on the South by 61h Street SE. The Village on 3rd Property is approximately 1.12 acres. The following is a written summary of the General Development Plan (GDP) in accordance with Appendix B E-3. a) Topographic or soils conditions which, in the estimation of the applicant, may create potential problems in street, drainage, public utilities or building design and construction, and how these problems will be investigated further or engineered to overcome the limitations. The site topography is flat with elevation ranging from 992 to 1000. Available information from geologic and soil maps of the property indicate the Decorah Shale formation in this area starts at elevation 1080. Decorah shale is not present on the site. Cover over the bedrock is expected to be less than 10 feet in some places. Soil borings will be completed during the engineering phases to determine subsurface conditions and the bedrock depth in the areas of construction. There are no Steep areas on the property. The Olmsted County soil survey shows no hydric soils on the property. There are no wetlands on the property. b) Storm drainage problems which, in the estimation of the applicant, may result in costs that will exceed normal storm drainage costs. The storm drainage does not appear to cause problems that will result in the increase of normal storm drainage costs. c) Identification ofpotential off -site drainage problems. Participation in the city's stone water management plan will occur for development of the site. There should be no problems with off -site drainage created by this development. RECEIVED AUG 3 jj 1 2406 RCC-E=<-OLVo-,�� Village on 3rd General Development Plan Page 2 d) Availability of utilities to serve the area under consideration. Sanitary sewer and water service are available in 3rd Avenue SE, 4`h Avenue SE and 61h Street SE. e) Identification of possible erosion problems which may arise in the estimation of the applicant. All erosion control measures will be in place using best management practices. There are not erosion control problems anticipated. f) A general statement as to the possible phasing of any development activity to occur on the property under the control of the applicant. The development of this property is planned to be in one phase. No additional phases are anticipated. RECEIN ED AUG 3 1 2006 RCCFESi�R- August 30, 2006 Village on Third Apartment Building Intersection of P Ave SE and 6"' Street SE Rochester, Minnesota 55904 Variance Findings to Eliminate the Requirement for Commercial Space on the Main Level of a Residential Building in the CDC -Fringe Zone a) There are extraordinary conditions or circumstances, such as irregularity, narrowness, or shallowness of the lot or exceptional topographical or physical conditions which are peculiar to the property and do not apply to other lands within the neighborhood or the same class of zoning district; It is not economically viable to locate commercial office/retail space at the proposed location. The traffic volume and speed, along with the width of 3rd Ave, is not conducive to providing access to and parking for commercial space. b) The variance is necessary to permit the reasonable use of the property involved; The variance would allow the entire building to be a residential use, which would tie into the use of the land area to the south and the east. Allowing residential on the main floor allows additional units available for rent for people working in or near downtown, at affordable rates. c) The variance will not be materially detrimental to the public welfare or materially injurous to other property in the area, is in harmony with the general purpose and intent of this ordinance; The variance would allow the entire building to be a residential use, which would tie into the use of the land area to the south and the east. Allowing the additional residential units on the main floor would not be detrimental to the area/neighborhood, as it would bring more people into the area, thus more vitality. d) The variance as granted is the minimum necessary to provide reasonable economic use of the property. The variance allows this development to accommodate additional residential rental units which helps make this project economically feasible. RECEIVED F oos rtCCnEST�R - C•_•;9Tc. F' INN'%C _._ Au RECEI'� E� August 30, 2006 g AUG 3 12005 I' Village on Third Apartment Building Intersection of 3rd Ave SE and 6`h Street SE Rochester, Minnesota 55904 Variance Findings to Reduce the Required Off -Street Parking by Nine (9) Parking Stalls a) There are extraordinary conditions or circumstances, such as irregularity, narrowness, or shallowness of the lot or exceptional topographical or physical conditions which are peculiar to the property and do not apply to other lands within the neighborhood or the same class of zoning district; The shape of the lot, along with the size of the building needed to make this project economically feasible, leaves only a certain amount of open land left for surface parking and green/recreation space. By granting a variance to reduce the off-street parking requirement by 9 stalls, a sufficient amount of green/recreation space can be provided to accommodate the number of residents the building will house. b) The variance is necessary to permit the reasonable use of the property involved; The fundingfor this project may be coming from several sources including MHFA Financing and First Homes. Each organization has requirement/recommendations for the amount ofplayground area, green space area and recreation space based on the number of residences within the building. Reducing the required parking allows the project to meet and exceed those guidelines, providing a better quality, affordable place to live near downtown Rochester. c) The variance will not be materially detrimental to the public welfare or materially injurous to other property in the area, is in harmony with the general purpose and intent of this ordinance; The variance will reduce the amount of blacktop surface and allow more green space on the proposed project site. We feel this is in harmony with the single-family residences to the east and the south, and avoids a large sea of blacktop in this area. d) The variance as granted is the minimum necessary to provide reasonable economic use of the property. The variance for 9 less parking stalls than what it is required will allow for more recreation and open space for the residents of the building, thus making the building more attractive to prospective renters, thus the project is more economically feasible. Weis Development Corp 2227 Seventh Street SW, Rochester MN 55901 507-288-2041 August 30, 2006 Ms Mitzi Baker — Senior Planner Rochester/Olmsted County Planning Department 2122 Campus Drive SE Rochester, MN 55904 RE: GDP Application, Land Use Amendment and Variance Request Village on 3`a Project Rochester. Minnesota Dear Mitzi: The attached application for a Type III, Phase II Development is requesting the Planning Department, Planning Commission, and the Rochester City Council to consider a General Development Plan, and a Land Use Plan Amendment for the above referenced project. We are also requesting the following variances as part of this application. 1. Remove the required commercial component on the lower level of the proposed residential facility. 2. Reduction in the required off-street parking requirements by nine (9) stalls. Please find the attached documentation for this application. Sincerely, Weis Development Corp !. Josep C. Weis RECEIVED AUG 3 1 2006 ROCrESTeR- CLETED PUBLIC HEARINGS REQUEST FOR COUNCIL ACTION MEETING } DATE: 11/6/06 CITY ADMINISTRATOR I C JL7 ITEM DESCRIPTION: Establishment of Development District # 34 and Tax Increment PREPARED Financing District # 34-1 for the Village on Third Multi Family Housing Project T.SPAETkt The City recently received a TIF Application 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 5 ° and 6d' 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. The proposed TIF project consists of a 66 unit multi family rental housing development, with a mixture of 1,2 & 3 bedroom units. The proposed TIF District would be established as a "housing" tax increment fmancing district, with applicable income and rent restrictions. The developer is requesting $660,000 ($10K / unit) in TIF assistance from the City. That amount is consistent with previous requests for TIF assistance for multi family housing units. The developer is proposing to start demolition and construction in the upcoming weeks, and the project is proposed to be completed in September, 2007. COUNCIL ACTION REQUESTED: Adopt the resolution approving the Development District # 34 and Tax Increment Financing District Plan # 34-1 ** Please note that TIF Plan has not been included due to its length. COUNCIL ACTION: Motion by: second by: to REQUEST FOR COUNCIL ACTION MEETING (` DATE: 1116106 PUBLIC HEARINGS ORIGINATING DEPT: I ITEM NO. INI CITY ADMSTRATION � — 7 ITEM DESCRIPTION: Establishment of Development District # 35 and Tax Increment VKtYAKCV of Financing District # 35-1 for the Castleview Housing Project D. Knott The City recently received a TIF Application from Castleview apartments Limited Partnership for a mixed use low income housing project. The Salvation Army is the general partner in the limited partnership. The project consists of 32 units of low income housing located over the Salvation Army medical and dental clinic. Sixteen of the units are intended for the homeless and handicapped with the remaining 16 units serving very low income entry level employees. The project is located on property owned by the Salvation Army at 118 North Broadway. In addition to TIF assistance from the City, the project will be receiving an allocation of low income housing tax credits from the Minnesota Housing Finance Agency. The proposed TIF District would be established as a "housing" tax increment financing district, with applicable income and rent restrictions. The developer is requesting $285,000 in TIF assistance from the City. That amount is consistent with previous requests for TIF assistance for low income housing projects. The intent is to demolish the existing structures on the site this winter and start construction of the project as soon as possible next year. Construction is proposed to be complete by December 31, 2007. This project has been reviewed by the Rochester Downtown Alliance and has received their support. COUNCIL ACTION REQUESTED: Adopt the resolution approving the Development District # 35 and Tax Increment Financing District Plan # 35-1 ** Please note that TIF Plan has not been included due to its length. t \ V COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11-6-06 4GENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING ITEM DESCRIPTION: PREPARED BY: General Development Plan #272 by Williams Family Partnership, to be known as John Harford, Williams Commercial Center/Seneca Foods. The Plan includes approximately Senior Planner 228.5 acres of land located east of the Wal Mart south and Kohls development, south of 201h St., SE, north of 30th St., SE. The Plan identifies future roadways and a general pattern of development. November 2, 2006 NOTE: The property is located within the floodplain and is in the Flood Prone District and wetlands have been identified on the property. The property is subject to the standards of the Flood Prone and Shoreland Districts, and the wetland regulations. City Planning and Zoninq Commission Recommendation: The City Planning and Zoning Commission held a public hearing on October 11, 2006. Please see the attached minutes for additional detail, discussion and input. Mr. Haeussinger moved to approve General Development Plan #272 to be known as Williams Family Partnership with staff findings and recommendations. Mr. Ohly seconded the motion. The motion carried 9-0. CONDITIONS: f. There are inadequate on and off site public facilities, specifically Sanitary Sewer, Water, Access, 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 development. Alternatively, the developer may request to join with the City in making these inadequate public facilities adequate for this development, and may enter into a development agreement, prior to Final Plat submittal, that outlines the developer's and City's obligations related, but not limited to: stormwater management (including any obligations for off -site facilities), transportation improvements (including any off -site improvements necessary to accommodate this development), ownership & maintenance of any private wetlands & or facilities, obligations for pedestrian facilities, contributions for existing & future public infrastructure, and the extension of public utilities to abutting properties where applicable. 2. Grading & Drainage Plan approval is required for each phase of development, prior to Final Plat submittals. Untreated storm water discharge to existing and/or proposed wetlands will not be permitted. The Owner shall execute an Ownership and Maintenance Agreement for all private sedimentation and storm water quality facilities. 3. Execution of a City -Owner Contract, and dedication of any applicable oft -site public easements is required prior to construction of any public infrastructure to serve this development. 4. Prior to the development of the property, any proposed use shall be reviewed through the Site Development Plan review process. 5. Pedestrian facilities are required along the entire frontage of this property abutting a public road. 6. Utilities and infrastructure must be extended to adjacent properties. 7. The Traffic Design Analysis should be submitted by the applicant prior to the next phase of development beyond the development of Fire Station. COUNCIL ACTION: Motion by: Second by: to: Page 2 I. s RCA November 2, 2006 8. The revised GDP for the next phase of development should show eastbound extension of 2e Street SE, northbou extension of 25'h street and north/south urban arterial connection between the proposed 2e Street SE and 2dh Street SE in accordance with the Long Range Transportation Plan. These future streets must be included in the Traffic Design Analysis. 9. Prior to review by the City Council this GDP must show the future bike paths and trails in accordance with the Urban Area Bikeway Plan. One side bike path should be shown along the proposed alignment of 2e and25h Street extension. The alignment and necessary easements or future right of way for the future pathRrail facilities should be finalized during the future approval process. 10. The applicant should show the approved connection of 30h St SE with CSAH 1 as indicated in the Leitzen GDP 221. The applicant must show the realignment of the 3e St extension on the eastern side of this GDP. 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 October 6, 2006. Attachment: 1. Staff report dated October 6, 2006 2. Minutes of the October 11, 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 Novermber 6, 2006 in the Council/Board Chamber at the Roc ester - Olmsted Government Center Building f�4nf ..leer-r.•.r� . �.tsl�-+ r� r r � LpRlll 1\ . IIIL� INN m ',' VimOEM sk �3 T ' i r II RECEIVED SEP i 4 � ROCHES>eR. pi y6 i "c0 FUNNING D_n�g-�p1. fJ� 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, October 11, 2006, at 7:00 p.m. in the Council/Board Chambers of the Government Center, 151 4th Street SE, Rochester, MN. Members Present: Mr. Jay Burke, Chair; Ms. Leslie Rivas, Vice Chair; Mr. Jesse Wallace; Mr. Paul Ohly; Ms. Lisa Wiesner; Mr. Vince Barry; Mr. Robert Haeussinger; Mr. John McGuine; and Mr. Gerald Pestka Members Absent: None Staff Present: Ms. Mitzi A. Baker and Ms. Jennifer Garness Other City Staff Present: Ms. Pat Alfredson, City Attorney SET ORDER OF AGENDA: Mr. Haeussinger moved to approve the agenda, as written. Ms. Wiesner seconded the motion. The motion carried unanimously. CONSENT AGENDA: Mr. McGuine made a motion to approve the following consent items. Ms. Rivas seconded the motion. September 27, 2006 minutes The motion carried unanimously. PUBLIC HEARINGS: General Development Plan #272, by Williams Family Partnership, to be known as Williams Commercial Center/Seneca Foods. The Plan include approximately 228.5 acres of land located east of the Wal Mart south and Kohls development, south of 20th St. SE, north of 30th St. SE. The Plan identifies future roadways and a general pattern of development. Ms. Mitzi A. Baker presented the staff report to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Ms. Wiesner stated that the applicant provided plans showing multiple building types when they originally applied for the general development plan. She asked if those plans were not applicable anymore. Ms. Baker responded that the plans are showing the land use designations at this time. Page 2 City Planning and Zoning Commission Minutes Hearing Date: October 11, 2006 Mr. Burke asked if a connection to the Leitzen property would occur. Ms. Baker explained that the Leitzen general development plan and Williams/Seneca general development plans would connect with a roadway. Discussion ensued regarding roadway connections. The applicant's representative, Geoff Griffin of GGG Engineering (14070 Hwy 52 SE, Chatfield MN 55923), addressed the Commissions. He stated that the applicant is in agreement with the staff -recommended conditions. Ms. Naomi Smyrk (residing at 800 26`h Street BE, Rochester MN 55904) addressed the Commission. She asked if the land behind her would be developed. Ms. Baker responded that the property is currently zoned "holding". It has no zoning designation for them to move forward with developing. She explained the public process that would need to occur if the owner were to develop the land. Ms. Jennifer Anderson (residing at 839 261h Street BE, Rochester MN 55904) addressed the Commission. She asked what the definition of medium density was. Ms. Baker responded that it accommodates theR-3 zoning district. Some of the uses could be, 4-plexs, attached townhomes, apartment buildings, mid rise buildings, etc. Mr. Bob Marnocha (residing at 825 21" Street SE, Rochester MN 55904) addressed the Commission. He stated that 20H' Street and 91h Avenue is the main intersection for the subdivision. He stated that a traffic light would be better served at this location than where the applicant proposes at this time. He also expressed concern with dust during construction time Mr. Haeussinger stated that traffic signal locations are determined by Rochester Public Works Department. Mr. Marnocha asked at what time and where does traffic signals get addressed in the development process. Ms. Baker stated that Mr. Marnocha should contact John Harford at 507-285-8232 on the project details and that there is a Traffic Engineer at Rochester Public Works that can be reached at 507-287-7800. Also, Rochester's website hosts a location where residents can register concerns related to traffic. With no one else wishing to be heard, Mr. Burke closed the public hearing. Mr. Haeussinger moved to recommend approval of General Development.PrarL#=- ik tC i Williams Family Partnership, to be known as Williams CommerciatCente{Se�tec with the staff -recommended findings and conditions. Mr. Oh1y secondedthe ma on. The motion carried 9-0. CONDITIONS: 1. There are inadequate on and off site public facilities, specifically Sanitary Sewer, Page 3 City Planning and Zoning Commission Minutes Hearing Date: October 11, 2006 Water, Access, and Storm Water Management Facilities, to accommodate:the development of this Property.No development wilt be. allowed to occur until the City Council has determined that all required public facilities are adequate for sa4d, r development. Alternatively, the developer may request 'to iom 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:-stormwaier maiiag'ement (including any obligations for off -site facilities), transportation improvements (including any off -site improvements necessary to accommodate this deVelopment�' h 4V ownership & maintenance of any private wetlands & or facilities, obligations for -= pedestrian facilities, contributions for existing &future public infrastricture and they i r extension of public utilities to abutting properties where applicable'-"' 2. Grading & Drainage Plan approval is required for each phase of deve opment,apnor tc�, Final Plat submittals. Untreated storm water discharge to existing andlor proposed wetlands will not be permitted. The Owner shall execute an`Ovunership arila 4s Maintenance Agreement for all private sedimentation and storm water quality's i facilities. 3. Execution of a City -Owner Contract, and dedreati'on'of any`app icable;off site .public easements is required prior to construction of any public infrastructure t enre thI development 4. Prior to the development of the property,;any proposed use shall be reviewe, throrg the Site Development Plan review procespsus� ' a 5. Pedestrian facilities are required along the entree frontage o his props a ntiiiig a' public road. 6. Utilities and infrastructure must. be extender taadjacert t erhes - 7_ The Traffic Design Analysis should be submitted by the applrcantprior to the next" phase of development beyond the development of Eire Ski U. 'ARIII ' 8. The revised GDP for the next phase of development`shouldi show eastbound ,,'I extension of 28u' Street SE; northbound extension of 25N street end°norihls�uttt urban; arterial connection between the proposed 28"' StreetSE and;?0 7Street�SFin,� accordance with the Long Range Transportation Plan These future streets must be included in the Traffic Design Analysis' r l „r* i ° 9. Prior to review by the City Council this GDP.`- mustshow the future ike pat sand trails in accordance with the Urban Area'Bikeway'Plan' "One .'side' Bike path sfiould bekx shown along the proposed alignment of 28"' and 25" Streetextensior The alignment and necessary easements or future right of way for the future pathltraif facilities should be finalized during the future approval process 10. The applicant should show the approved connection of„3g"'"StSEvirith CSAFI1 as `' indicated in the Leitzen GDP 221. The applicant must show the reahgnmentpfthe 30th St extension on the eastern side of this GDP: x' i ROCHESTER-OLMSTED PLANNING DEPARTMENT oF,R�cHESTER .mu%p 2122 Campus Drive SE, Suite 100 " Rochester. MN 55904-4744 cou"TY OF www.olmstedcounty.com/planning ?,'•. .+ R'I TE�:AL'GU5'C.5 TO: City Planning and Zoning Commission FROM: John Harford, Senior Planner DATE: October 6, 2006 RE: General Development Plan #272 by Williams Family Partnership, to be known as Williams Commercial Center/Seneca Foods. The Plan includes approximately 228.5 acres of land located east of the Wal Mart south and Kohls development, south of 20th St., SE, north of 30th St., SE. The Plan identifies future roadways and a general pattern of development. Plannino Department Review: Petitioner/Property Owner: Williams Family Partnership, c/o August Williams 41050 95th St. Blue Earth, MN 56013 Consultant: GGG Engineering 14070 Hwy 52 SE Chatfield, MN 55923 Location of Property: The property is located south of 2016 St., SE and west of Willow Creek and north of TH 52, and east of the Broadway Commons development. The area covered in the GDP is 228.5 acres. The Williams Family property is approximately 36 acres within the larger GDP. Proposed Use: The GDP identifies Medium Density Residential, Commercial, and Industrial uses on the property. The Williams Family property is designated for industrial uses and is the proposed future site of a new city fire station. No substantial changes to GDP #131 are proposed for the Seneca Foods property. Land Use Plan: The Rochester Urban Service Area Land Use Plan currently designates the property as "Flood Prone", "Medium Density Residential", "Commercial', and "Industrial". The Williams Family property is designated as "Industrial", "Commercial' and "Flood Prone". Zoning: The property is currently zoned M-1 (Mixed Commercial -Industrial), M-2 ( Industrial), and H BUILDING CODE 507/285-8345 • GIS/ADDRESSINGIMAPPING 5071285-8232 • HOUSING/HRA 507/285-8224 w� PLANNING/ZONING 507/285-8232 • WELJSEPTIC 507/285-8345 FAX 507/287-2275 AN EQUAL OPPORTUNITYIAFFIRMATIVE ACTION EMPLOYER Page 2 General Development Plan o October 5, 2006 (Holding). The Williams Family property is currently zoned M-1 (Mixed Commercial Industrial). The Williams Family property was rezoned in 2003. Streets: Access to this property currently is from S. Broadway by way of 28d' St., SE, a primary collector. Currently, a secondary access connects to 3rd Ave., SE, north of the W al Mart store. The larger GDP reiterates the Seneca Foods GDP #131, including the internal street pattern. The applicant proposes two street modifications, 1) by moving the north -south collector street further to the east in an alignment parallel to the former railroad right of way, and 2) creating a cul-de-sac at the end of the north -south street on the west and south property line of the Williams Family property. The previous GDP proposed that this street, 30' St., would be a Primary Urban Collector and connect to CSAH 1 east of Willow Creek. This plan proposes that the connection be made by the realignment of the major north -south internal street. The streets proposed within the Williams Family property include an extension of 28'" St., SE, and a north -south street on the west side of the property that ends in a cul-de-sac east of the Menards site and adjacent to the Leitzen property to the south. A Traffic Impact Report was completed for the larger Broadway Commons development in 1998, and included this property. This GDP is comparable to the previous GDP's #208 and 131 with the only addition being the proposed development of the fire station. The proposed plan is generally consistent with the functional designation map in the Long Range Plan in terms of planning for future major street corridors. The applicant should, however, show the connection planned bry the Leitzen GDP that allows for the connection of 30 St. to CSAH 1. The alignment shown on this GDP is not consistent with the previously approved alignment and connection to CSAH 1 in GDP #221. Sidewalks: Pedestrian facilities will be required along the entire frontage of the property abutting a public road. Drainage: Grading and drainage plans will be required prior to individual lot development within the development. Untreated stormwater discharge to existing and/or proposed wetlands will not be permitted. The GDP identifies an existing regional pond located to the north of the Williams Family property. Two Page 3�- General Development Plan October 5, 2005 additional ponds are proposed based on the conditional use permit and preliminary plat. Depending on the amount of material excavated from the proposed ponds, the applicant may need to apply for a Substantial Land Alteration. Execution of an Ownership and Maintenance Agreement will be required for all private sedimentation and storm water quality facilities. Detailed grading and drainage plans will be required prior to the property being developed. Floodplain and Wetlands: The Flood Prone District covers the entirety of the property. The applicant has applied for a conditional use permit to fill the Flood Prone District that will be heard at a later date. The City approved a wetland delineation completed in 2003 for the Williams Family property. The applicant is proposing to revisit the delineation this Fall. The applicant will need to submit a wetland replacement plan based on the proposed impacts shown on the preliminary plat. Several other wetland delineations have been completed, starting in 1993, for portions of the larger GDP covering the Seneca property. The wetland replacement plan must be reviewed and acted on separately by the City Council. Public Utilities: City services are available to serve the property. The property is within the Main Level Water System Area. Static water pressures within the area will range from the mid 40's to the mid 60's PSI within this area. The Owner will need to work with the RPU Water Department to develop the necessary water system layout to serve the area. GDP #208 identifies a major sanitary sewer line located on the Williams Family property. The line runs north -south in the easterly portion of the property. Parkland Dedication: Since this is a commercial development, there are no parkland dedication requirements. Referral Comments: 1. Rochester Public Works Dept. 2. PlanningDept— Transportation 3. Planning Dept — Wetlands 4. Planning Dept. — GIS 5. MNDOT 6. Olmsted County Public Works 7. RPU Report Attachments: 1. Copy of Proposed GDP 2. GDP Narrative 3. Referral Letters Page 4 J` General Development Plan } October 5, 2006 Criteria & Staff Suggested Findings: Paragraph 61.215 of the Rochester Zoning Ordinance and Land Development Manual lists the Criteria for approval of a general development plan. The criteria and the staff suggested findings are as follows: Criteria A. The proposed land uses are generally in accord with the adopted Comprehensive Plan and zoning map, or that the means for reconciling any differences have been addressed. A GDP may be processed simultaneously with a rezoning or plan amendment request. The land uses within the M-1 zoning district is consistent with the land use designation for the property. The Neighborhood Analysis for this area, as included in Chapter 4 of the Rochester Urban Service Area Land Use Plan, recognizes limitations of properties designated "Flood Prone". The Plan states, "if by reason of the implementation of flood control it is determined that flood fringe areas on downstream flooding is eliminated, the flood fringe areas designated "flood prone" on Map 1-34 would change in designation to those uses shown on Map 1V-35. Essentially, if the site is elevated to or above the Flood Protection Elevation, the "flood prone" designation is eliminated and the "commercial" and "industrial" designations apply. Industrial development on the Williams Family property would be consistent with the Plan designation, subject to applying flood protection measures. Criteria B. The proposed development, including its lot sizes, density, accesses and circulation are compatible with the existing and/or permissible future use of adjacent property. Access to this property will be by way of an extended 28`h St., SE connecting to South Broadway. GDP #272 proposes a realignment of the Primary Urban Collector north -south street for the larger GDP, and the related connection to 30m St., SE and CR 1 east of Willow Creek. Criteria C. The mix of housing is consistent with adopted Land Use and Housing Plans. Not applicable to commercial or industrial development on the Williams Family property. The Medium Density Residential Designation on the northeasterly portion of the larger GDP is consistent with the adopted Land Use Plan and is also consistent with the Housing Plan standards for the physical and social environments of residential neighborhoods. 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. Page 5 General Development Plan October 5, 2006 Access to this property will be from South Broadway by way of 28" St., SE. The following comments were made in the review of GDP #208 covering the Williams Family property. o­ The proposed development will generate additional traffic on 28`" St that will impact the intersection of South Broadway and the East Frontage Road along 28" St. o While the impact of the development traffic itself is minor, the combined impact of additional development traffic on tar" St along with expected traffic growth on South Broadway will in all likelihood lead to significant congestion and queuing problems at the intersection of South Broadway and 2e St o To address this increase in congestion, options in addition to the do- nothing alternative may include construction of additional lanes or installation of an interconnected signal system to manage the traffic flow at both affected intersections o To the extent that the Williams property will contribute traffic to this intersection, there is justification fora contribution on the part of the developer towards the cost of future improvements at the intersection, in proportion to the share traffic contributed to the intersection. Language should be considered for inclusion in the development agreement addressing the proportionate share contribution to future improvements. The following comments dated 9126106 were made in a review of the requirements for a traffic analysis by Muhammad Khan Summary of Conclusion 1. The Traffic Design Analyses should be submitted by the applicant prior to the next phase of development beyond the development of Fire Station. 2. The revised GDP for the next phase of development should show eastbound extension of 2e Street SE, northbound extension of 2e street and north/south urban arterial connection between the proposed 2e Street SE and 20'n Street SE in accordance with the Long Range Transportation Plan. These future streets must be included in the Traffic Design Analysis. 3. The revised GDP for next phase of development should also show the future bike paths and traits in accordance with the Urban Area Bikeway Plan. One side bike path should be shown along the proposed alignment of 2eh and 25t° Street extension. The alignment and necessary easements or future right of way for the future path1trafl facilities should be finalized during the future approval process. 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 c f Page 6 k % l General Development Plan October 5, 2006 the first 3 years of the 6-year CIP shall be Included in the assessment of adequacy. Access to this property will be from South Broadway by way of 28'h St., SE. The following comments were made in the review of GDP #208 covering the Williams Family property. o The proposed development will generate additional traffic on 28`h St that will impact the intersection of South Broadway and the East Frontage Road along 28'0 St. o While the impact of the development traffic itself is minor, the combined impact of additional development traffic on 286 St along with expected traffic growth on South Broadway will in all likelihood lead to significant congestion and queuing problems at the intersection of South Broadway and 28f° St o To address this increase in congestion, options in addition to the do- nothing alternative may include construction of additional lanes or installation of an interconnected signal system to manage the traffic flow at both affected intersections o To the extent that the Williams property will contribute traffic to this intersection, there is Justification for a contribution on the part of the developer towards the cost of future improvements at the intersection, in proportion to the share traffic contributed to the intersection. Language should be considered for inclusion in the development agreement addressing the proportionate share contribution to future improvements. The following comments dated 9126106 were made in a review of the requirements for a traffic analysis by Muhammad Khan Summary of Conclusion t. The Traffic Design Analysis should be submitted by the applicant prior to the next phase of development beyond the development of Fire Station. 2. The revised GDP for the next phase of development should show eastbound extension of 28'h Street SE, northbound extension of 25'h street and north/south urban arterial connection between the proposed 28'6 Street SE and 20'h Street SE in accordance with the Long Range Transportation Plan. These future streets must be included in the Traffic Design Analysis. 3. The revised GDP for next phase of development should also show the future bike paths and trails in accordance with the Urban Area Bikeway Plan. One side bike path should be shown along the proposed alignment of 28f° and 2P Street extension. The alignment and necessary easements or future right of way for the future pathRrail facilities should be finalized during the future approval process. 2. Utilities are now available to directly serve the area of the proposed land use, or that the City of Rochester is planning for the extension of utilities to serve the area of the proposed development and such utilities are in the first three years of the City's current 6-Year Capital Improvements Program, or that other arrangements (contractual, development agreement, performance bond, etc.) have been made to ensure that adequate utilities will be available concurrently with development. If needed utilities will not be available concurrent with the proposed Page 7 General Development Plan October 5, 2006 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. City services are available to serve the property. The property is within the Main Level Water System Area. Static water pressures within the area will range from the mid 40's to the mid 60's PSI within this area. The Owner will need to work with the RPU Water Department to develop the necessary water system layout to serve the area. In the report for GDP #208 staff indicated that "dedication of a 50' wide public utility easement will be required for maintenance and future replacement of the existing trunkline sanitary sewer. Additional easements may be needed to accommodate other utilities/utility extensions." 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 along the entire frontage of the property abutting a public road. 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. Grading and drainage plans will be required prior to individual lot development within the development. Untreated stormwater discharge to existing and/or proposed wetlands will not be permitted. The preliminary plat indicates the construction of two ponds on the property. Execution of an Ownership and Maintenance Agreement will be required for all private sedimentation and storm water quality facilities. Detailed grading and drainage plans will be required prior to the property being developed. Criteria G. Areas in DEOZ will be managed in such a way as to maintain the quality and quantity of groundwater recharging lower aquifers and to protect discharge, interflow, and infiltration, and recharge processes taking place. 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 SL Peter sandstone and Prairie du Chien Group, limestone sandstone and limestone layers immediately below the Decorah Shale. Criteria f. 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. Page 8 t General Development Plan October 5, 2006 A preliminary plat has been submitted for the Williams Family property. Prior to the development of any uses on the property, the proposed use will need to be reviewed through the Site Development Plan review process. This review process will ensure that the use meets the standards of the Zoning Ordinance and Land Development Manual. 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. There are inadequate on and off site public facilities, specifically Sanitary Sewer, Water, Access, 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 development. Alternatively, the developer may request to join with the City in making these inadequate public facilities adequate for this development, and may enter into a development agreement, prior to Final Plat submittal, that outlines the developer's and City's obligations related, but not limited to: stormwater management (including any obligations for off -site facilities), transportation improvements (including any off -site improvements necessary to accommodate this development), ownership & maintenance of any private wetlands & or facilities, obligations for pedestrian facilities, contributions for existing & future public infrastructure, and the extension of public utilities to abutting properties where applicable. 2. Grading & Drainage Plan approval is required for each phase of development, prior to Final Plat submittals. Untreated storm water discharge to existing and/or proposed wetlands will not be permitted. The Owner shall execute an Ownership and Maintenance Agreement for all private sedimentation and storm water quality facilities. 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. Prior to the development of the property, any proposed use shall be reviewed through the Site Development Plan review process. 5. Pedestrian facilities are required along the entire frontage of this property abutting a public road. 6. Utilities and infrastructure must be extended to adjacent properties. 7. The Traffic Design Analysis should be submitted by the applicant prior to the next phase of development beyond the development of Fire Station. 8. The revised GDP for the next phase of development should show eastbound extension of 28fh Street SE, northbound extension of 25 h street and north/south urban arterial connection between the proposed 28th Street SE and 2Q`h Street SE in accordance with the Long Range Transportation Plan. These future streets must be included in the Traffic Design Analysis. i Page 9 General Development Plan October 5, 2006 9. Prior to review by the City Council this GDP must show the future bike paths and trails in accordance with the Urban Area Bikeway Plan. One side bike path should be shown along the proposed alignment of 2eh and 25m Street extension. The alignment and necessary easements or future right of way for the future path trail facilities should be finalized during the future approval process. 10. The applicant should show the approved connection of 30`h St SE with CSAH 1 as indicated in the Leitzen GOP 221. The applicant must show the realignment of the 3e St extension on the eastern side of this GOP. NOTE: A Substantial Land Alteration may be required for the pond construction in the proposed outiots and/or fill placed on the lots to be platted. Page 1 of 2 1� Harford John From: Mike Opat [mikeogggg.toj Sent: Thursday, October 05, 2006 9:16 AM To: Hanford John; Baker Mitzi Subject: FW: Williams GDP John/Mitzi: I am forwarding an email I received from Brian Thiel, Plant Manager at Seneca Foods, regarding the Williams/Seneca Foods GDP. He ran it up the ladder within Seneca for comments. I had requested a formal letter stating their comments on the GDP proposal. This email is all I received. Do you need me to push them for something more formal? Thanks, Mike Opat GGG, Inc. From: BRIAN THIEL [mailto:BTH1EL@senecafoods.com] Sent: Tuesday, October 03, 2006 3:01 PM To: Mike Opat Subject: RE: Williams GDP Mike, I received word today that Seneca has no objections to the William's Plan. Brian Thiel Plant Manager Seneca Foods --Rochester 1217 3rd Ave. SE Rochester, MN 55904 (507)280-4531 direct dial (507)280-4542 fax (507)251-3149 cell -----Original Message ----- From: Mike Opat [mailto:mikeo@ggg.toj Sent: Wednesday, September 27, 2006 11:06 AM To: BRIAN THIEL Subject: Williams GDP Brian - Good morning. Has anyone at Seneca Foods commented on the GDP for the Williams and Seneca Foods properties that we submitted? The City is looking for any comments Seneca may have at this time. Thanks, Mike Opat Design Engineer GGG, Inc. 14070 Hwy 52 SE 1niv1nnF M GGG In c. Engineering Surveying & Planning 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 GDP for Williams Commercial Center/Seneca Foods Dear Planning & Zoning Department: We are representing the developers of property to be known as Williams Commercial Center. We are submitting a General Development Plan (GDP) for this property and the adjacent property owned by Seneca Foods Corporation in order to the meet the required 80 acre minimum area for a GDP. Below is a summary of the topographic, drainage, and utility conditions for this site. a) The soils on this site are favorable for development. None of the soils are unique to development and erosion and stability of roadways and building pads can be achieved with common engineering practices. The water table is relatively close to the existing surface, but a large amount of fill will be required to elevate the site above flood levels, so this will not be a major concern. Attached is a soils map and the names of the soils types found on the property. A portion of the Williams site will serve as an excavation area that will be used to elevate the rest of the site. This may also take place on portions of the development owned by Seneca Foods. A wetland delineation has been performed on the Williams property. Any wetlands encountered will be avoided or mitigated. b) Drainage and storm water treatment does not pose a problem for this site. Stormwater treatment ponds will he constructed that will treat the majority of post development runoff. The excavation areas created on the Williams property will serve as stormwater treatment ponds to serve that portion of the development. There is an existing regional stormwater treatment facility located on the Seneca Foods property that will aid in the treatment for the rest of the development. c) The only apparent off -site drainage problem at this time is the potential for flooding due to the proximity to Willow Creek. The areas that will be developed will be elevated to elevations safely above the established base flood elevations for the stream. d) Utilities to serve this site are readily available. A large sanitary sewer trunkline runs directly through the development and smaller lateral connections are available on the west and north ends of the development. Water is available on the west side with connections provided by the Broadway Commons development and the extension of 28s' Street. Connections will also be available via 20th Street on the north side. Watermains will eventually be looped to the east along County Road No. 1. e) This site and adjacent properties can he 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 will include two lots at the easterly extension of 28 h Street to accommodate the new fire station. Further development of the Williams property will be determined by future demand. At this time, the phasing for the development of the Seneca Foods property is unknown. The applicant loll be requesting a 10 year approval period before this GDP expires from the City Council. Additionally, the entire area included in this GDP, which encompasses the property owned by Williams Family Partnership and Seneca Foods Corporation is 228.5 acres. Please feel free to contact our office with any questions or if you need any additional information. Thank you. Sincerely, Geoffrey G Griffin, PE LS To: Planning and Zoning Commission From: Muhammad Khan, Transportation Planner Date: September 26, 2006 RE: GDP # 272 WILLIAMS COMMERCIAL CENTER/SENECA FOODS History and Background The Williams Commercial Center / Seneca Foods GDP includeapproximately 228.5 acres of land located east of Broadway Plaza (Wal-Mart sout"nd Kohl's), south of 20" Street SE, and north of TH 52. The application references GDP # 208 and GDP # 131 thi t.were expired and replaced by the current petition. The proposed plan identifies future roadways and a general pattern of development as shown in figure 1. Figure 1 9IXH�LL OL'.LILPMLMi P4K GDP # 272 WILLIAMS COMMERCIAL CENTER/SENECA FOODS The Broadway Plaza General Development Plan (GDP) included a Traffic Impact Report (TIR)' prepared by Benshoof & Associates submitted in July, 1998, in accordance with the requirements of Section 61.520 of the Land Development Manual. As part of that TIR assumptions regarding the future development east of Broadway Plaza were included for purposes of analyzing improvement needs along South Broadway. In that report it was anticipated that future development would occur after 2010. The TIR used the following land use assumptions for the area east of Broadway Plaza for traffic analysis purposes: Land Use Sizes . ft Light Industrial 218,889 Industrial Park 110,425 Specialty Retail 162,043 Office 183,605 Rec/Park 1,402,632 32.2 acres Residential 36 units It was estimated that 1156 PM peak hour trips were expected to be generated by the future development. In that study, it was concluded that development of the area behind Broadway Plaza was developable subject to the condition that the additional roadway system in the area as shown in Figure 2 would be developed. The report emphasized the importance of future connections to 201h Street SE and CSAH 1 on the east. The TIR assumed the following traffic distribution for 2010: • 20.6% to/from north TH 63 • 17.6% to/from south on TH 63 • 9.9% to/from north on 3rd Ave • 16.7% to/from east on 20th Street 6.4% to/from west on 25`h Street • 4.6% to/from east on TH52 • 24.2% to/from west on TH 52 FlGUt1E 4 U canx[Kru.axovExnEs YEAP 2a70 nsu�aes�orua+r aoAowAvsrsTEM 'Traffic Impact Report For Continental Properties Development At TH 63,125" Street SE, Prepared by Bensboof & Associates, Inc, July 1998 GDP # 272 WILLIAMS COMMERCIAL CENTER/SENECA FOODS Comparison of Development Assumptions in GDP 272 with previous GDP The acreage of the proposed GDP # 272 and the previous GDP is comparable. The only addition in the proposed development is the inclusion of Fire Station site. Since the impact of the Fire Station is not significant, therefore the traffic study may not be warranted/require at this stage of development. However, further traffic analysis would be needed for the future development beyond the development of Fire Station. Traffic Design Analysis as per 61.522(3) would be needed for the future development with focus on 1) confirming that no additional intersection improvements along TH 63 are needed beyond those identified in original TIR and to identify when new street connections must be completed, and 2) where new street intersections are to be built as part of a new phase (such as the new intersection of the 25`h St extension and 20th Street SE) that an analysis to define the intersection design is completed, and 3) Is there any information regarding future land uses that would require recalculation of trip generation and level of service analysis? Consistency of Proposed Plan with Long Range Transportation Plan The proposed GDP will be reviewed under the City of Rochester Land Development Manual for consistency with the policies and guidelines found in the Rochester -Olmsted Council of Governments (ROCOG) 2035 Long Range Transportation Plant, which has been adopted by the City of Rochester as part of the City's Comprehensive Plan. The review will address each of the key issue areas found in the adopted Transportation Plan that could influence decisions regarding the appropriateness of the GDP # 272. Figure 3 shows the functional designation of the roadway system in the vicinity of Williams and Seneca Foods properties. The plan includes the extension of 28th Street as a Primary Urban Collector from its current location to CSAH 1 through a number of neighboring properties east of the proposed GDP. The issue of how this extension will be funded and its final alignment is still unresolved, but the Leitzen GDP immediately west of CSAH 1 accommodates the alignment if issues related to crossing the Willow Creek floodplain and the u i - ; i, a 4- 7 G r um Mn ! n gnwys ..... ry_we...e _.� -� •_n r.rrw ._ w...e iLxei Raatle antl SM1eele z ROCOG 2035 Long Range Transportation Plan, August 2005: The Rochester -Olmsted Council of Governments (ROCOG) 2035 Transportation Plan provides a comprehensive look at anticipated system development in Olmsted County for the next 25-30 years. GDP # 272 WILLIAMS COMMERCIAL CENTER/SENECA FOODS associated bridge construction can be resolved. This road extension is important for both the proposed GDP and the approved Leitzens/Quinstar GDP to improve connectivity and traffic distribution patterns from these two commercial/industrial areas, which will help to reduce the traffic loading on 20`" St SE and minimize local traffic on TH 52 between the CSAH 1 and South Broadway interchanges. The Long Range Transportation Plan also includes an extension of 3rd Ave SE into the area south to the proposed 28d' St / 301" St alignment, along with the extension of 25" Street east to 20t" Street SE as an urban collector. These east/west and north/south connections, as demonstrated in the previous TIR, are needed to achieve acceptable LOS for all intersections along TH 63 that will be impacted by traffic from the development, in particular the TH 63/25`" intersection. The proposed plan as illustrated in Figure 1 is consistent with the functional designation map in the Long Range Plan in terms of planning for future major street corridors. In terms of street capacity needs, the Street Design Classification Map in the Long Range Plan (Figure 4), Indicates that the extension of 281" Street should be 2-lane urban collector while the future extension of 3rtl Ave into the site should provide adequate width to provide for two through travel lanes with left and right turn lanes at all major intersections. The eastbound extension of 25`" Street through to 20`" Street SE is •M..,w.�,,.� �.,; S, Figure 4 r N T � ...- '�a °tea wfN•+ S :�'�,. Cln�lnotlem � i ' - v,u.un T�iy..i — - 52 designated in the plan as a major urban arterial with a 4 lane cross section. Figure 5 highlights the adopted Bikeway Plan. Improvement needs illustrated include a single side path along the proposed extension of 281" Street SE (east/west connection),and the future extensions of 25t' Street SE and 3rd Ave SE. The Urban Area Bikeway Plan also shows a future bike trail running north south along the abandoned rail GDP # 272 WILLIAMS COMMERCIAL CENTER/SENECA FOODS corridor, and a path along Willow Creek starting at Willow Creek Middle School and running south is programmed for 2008. ti+I loth C Map Legend StU _i nowRUR 36 �NRYIfuYRR CW-1N.aee11R� am. r:vrR ` Yby bw !rr y Figure 5 FUTURE COURSE OF ACTION Under the Land Development Manual a Traffic Impact Report would be required for a development of the scale proposed. Given the previous work that has been completed (and general consistency of this plan in terms of development intensity with the previous plan), a full TIR is not recommended at this time. Staff would recommend a Traffic Design Analysis as per 61.522(3) be prepared for submittal with subsequent preliminary plat stages or prior to next phase beyond the development of Fire Station to 1) assess whether the previous TIR adequately captured the traffic impact created by Broadway Plaza and the anticipated impact that would be created by development of the site, and 2) to provide the information necessary to design any new intersections, such as the proposed intersection of 25t" St SE and 20' St SE As a base for completing this assessment, the following information should be provided as part of subsequent application: o PM Peak Hour Traffic counts should be conducted at intersections along TH 63 and 201" St SE that would be impacted by any phase of development. o A comparison of traffic levels with those projected in the 1998 TIR should be completed GDP # 272 WILLIAMS COMMERCIAL CENTERISENECA FOODS o Where the development -generated traffic exceeds that projected in the 1998 TIR, a re -analysis of intersection operations should be completed. o Intersection design parameters for major street intersections should be established based on the revised information Consistent with the Long Range Transportation Plan, the proposed GDP should accommodate the eastbound extension of 28`h Street SE, northbound extension of 25th Street and north/south extension of 3rd Ave SE between the proposed 28t' Street SE and 201h Street SE. The proposed GDP should also show the future bike paths and trails in accordance with the Urban Area Bikeway Plan. This would include bike paths on one side of the proposed alignment of 3 d Ave, 28`h St and 251h Street. The alignment and necessary easements or future right of way for the future path/trail facilities should be finalized during the future approval process. Summary of Conclusion 1. The Traffic Design Analyses should be submitted by the applicant prior to the next phase of development beyond the development of Fire Station. 2. The revised GDP for the next phase of development should show eastbound extension of 281h Street SE, northbound extension of 251h street and northisouth urban arterial connection between the proposed 28`h Street SE and 20th Street SE in accordance with the Long Range Transportation Plan. 3. The revised GDP for next phase of development should also show the future bike paths and trails in accordance with the Urban Area Bikeway Plan. One side bike path should be shown along the proposed alignment of 28`h and 25th Street extension. The alignment and necessary easements or future right of way for the future path/trail facilities should be finalized during the future approval process. GDP # 272 WILLIAMS COMMERCIAL CENTERISENECA FOODS �,pPNEBOT�yO OF TR> Minnesota Department of Transportation Minnesota Department of Transportation - District 6 2900 48d' Street N.W. Rochester, MNI 55901-5848 September 29, 2006 Office Tel: 507-280-3188 Fax: 507-285-7279 E-mail: chris.moates@dot.state.mn.us Jennifer Gamess, Planning Department Rochester Olmsted Planning Department 2122 Campus Drive SE —Suite 100 Rochester, MN 55904 Re: General Development Plan (GDP) #272 by Williams Family Partnership, to be known as Williams Commercial Center/Seneca Foods. The Plan includes approximately 228.5 acres of land located east of The Wal Mart south and Kohls development, south of 20th St SE, north of 30" St SE. The plan identifies future roadways and a general pattern of development. US 63, CS 5509 Dear Ms. Garness: Minnesota Department of Transportation (Mn/DOT) District 6 staff has received GDP #272 by Williams Family Partnership to be known as Williams Commercial Center/Seneca Foods. Mn/DOT also received the draft TIR prepared for Continental Properties Development at US 63/25th Street SE dated July 1998. Mn/DOT finds GDP #272 by Williams Family Partnership incomplete and is requesting the following information. • How does the trip generations in Table II, page 12 of the draft TIR dated July 1998 compare with the trip generations for the William Commercial Center/Seneca Foods GDP? • How does adding the Seneca GDP change the previous draft TIR prepared in 1998 for Continental Properties? • What is the proposal for 3`d Avenue SE and how does this impact the traffic circulation? • Will 306i Street continue eastward and will it connect with a local street? What are the east/west connections? • What are the additional traffic impacts anticipated for the intersections at 25,b Street and at 28'h Street with US 63? Please provide Mn/DOT this information at your earliest convenience. Mn/DOT will comment once the requested material is available. If there are any questions, you may contact Peter Waskiw, Principal Planner, at (507) 285-7369 or Debbie Persoon-Bement, Transportation Specialist at (507) 281-7777. Sincerely, Chris Meares CC� ^ Z ZQ�s District 6 Planning Director ROCh:e z•OtMS7 cc: Mitz Baker, Rochester Olmsted Planning Department Muhammad Khan, Rochester Olmsted Planning Department Greg Paulson Michael Schweyen Peter Waskiw Debbie Persoon-Bement 'File DOCS4519488 r,. ~ ROCHESTER TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DATE: 9/27/06 DEPARTMENT OF PUBLIC WORKS 201 4t' Street BE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the application for General Development Plan #272, for the proposed Williams Commercial Center / Seneca Foods development. The following are Public Works comments: 1. There are inadequate on and off site public facilities, specifically Sanitary Sewer, Water, Access, 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 development. Alternatively, the developer may request to join with the City in making these inadequate public facilities adequate for this development, and may enter into a development agreement, prior to Final Plat submittal, that outlines the developer's and City's obligations related, but not limited to: stormwater management (including any obligations for off -site facilities), transportation improvements (including any off -site improvements necessary to accommodate this development), ownership & maintenance of any private wetlands & or facilities, obligations for pedestrian facilities, contributions for existing & future public infrastructure, and the extension of public utilities to abutting properties where applicable. 2. Grading & Drainage Plan approval is required for each phase of development, prior to Final Plat submittals. 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. C:%Dccuments and Settings\plasfost\Local Settings\Temporary Internet Files\OLK1C\GDP272 Williams - Seneca GO P.doc ROCHESTER 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 Charges/fees applicable to the development of this property will be further addressed in the City -Owner Contract, and Development Agreement, and will include but are not limited: Sewer Availability Charge (SAC) - TBD Water Availability Charge (WAC) —TBD Transportation Improvement District (TID) - TBD Utility Connection Charges - TBD Storm Water Management — TBD through the Grading Plan review process Street Signs, as determined by the City Engineer Individual Lot development will be subject to a Plant Investment Fee (PIF) that is calculated and collected through the Building Permit review process. C:\Documents and Settings\plasfost\Local Settings\Temporary Internet Files\0LKICNGDP272 Williams - Seneca GDP.doc PUBLIC WORKS DEPARTMENT 2122 CAMPUS DR SE - SUITE 200 ROCHESTER MN 55904-4744 www.oirnstedpublicworks.com 507,285,8231 September 26, 2006 Jennifer Garness Planning Department Dear Jennifer: The Public Works Department has reviewed General Development Plan #272, by Williams Family Partnership and has the following comments: Any proposed public street or access to CR 146, 20}6 St SE requires an Olmsted County Driveway Permit Application. Sincerely, Michael °Sheehan County Engineer MTS/ss c: Williams Family Partnership GGG Engineering T:\PWDATA\ENGINDOC\PIanning Zoning Letters\PLANZONEMCC AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER ... .. .._...�,...�.,, c...... t„n and Mannino Enaineerinq Highway Maintenance Parks & Agriculture Solid Waste ';�aSo` rpuYiA # _. wr /Ir rdyt, Alf c/t(:vrr DATE: September 22, 2006 TO: Jennifer Garness, Planning Dept. Rochester -Olmsted Planning Dept. FROM: Michael J. Engle, Supv. of Distribution Design Rochester Public Utilities 280-1579 SUBJECT: General Development Plan #272, by Williams Family Partnership, to be known as Williams Commercial Center/Seneca Foods. The Plan includes approximately 228.5 acres of land located east of the Wal Mart south and Kohls development, south of 20tn St. SE, north of 30cn St. SE. The Plan identifies future roadways and a general pattern of development. RPU's Core Services Division review of the above -referenced general development plan is complete and we have no comments. Sincerely, jb r p we pleJge, /or ilclikw September 22, 2006 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: General Development Plan #272 by Williams Family Partnership known as Williams Commercial Center/Seneca Foods. Dear Ms. Garness: Our review of the referenced general development plan is complete and our comments follow: 1. This property is within the Main Level Water System Area, which is available as noted within this submittal. 2. Anticipated static water pressures will range from the mid 40's to the mid 60's PSI within this area. 3. Based on the street system shown preliminary computer water system modeling indicates adequate flows for fire protection will be available for the types of uses shown. 4. The water mains must be looped and extended to adjacent properties per our requirements. 5. We will work with the applicant's engineering firm to develop the necessary water system layout to serve this area. Please contact us at 507-280-1500 if you have questions. Very truly yo urs, (ZLWA Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Gale Mount, Building & Safety Williams Family Partnership GGG, Inc. Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 Rochester -Olmsted Planning . epartment GIS/Addressing Division 2122 Campus Drive SE, Suite 100 Rochester, MN 55904-4744 GENERAL DEVELOPMENT PLAN REFERRAL RESPONSE DATE: September 21, 2006 TO: Jennifer Garness; Stephanie Foster FROM: Randy Growden GIS/Addressing Staff Rochester -Olmsted County Planning Department CC: RE: WILLIAMS COMMERCIAL CENTER / SENECA FOODS GENERAL DEVELOPMENT PLAN #272 Phone: (507)285-8232 Fax: (507)287-2275 A review of the GDP has turned up the following ROADWAY or ADDRESS related issues: 1. The roadway illustrated as FUTURE 32D AVE SE EXTENSION (COLLECTOR) will need to be a named roadway. RECOMMENDATION: Work with our staff on the designation of this roadway when this portion of the development is platted. 2. The roadway illustrated as FUTURE 25 s STREET SE EXTENSION (COLLECTOR) will need to be a named roadway. RECOMMENDATION: Work with our staff on the designation of this roadway when this portion of the development is platted. 3. The roadway illustrated as FUTURE LOCAL STREET / ALLEY will need to be looked at during platting stage. RECOMMENDATION: If this roadway gets platted as a local street it should be labeled as 3 AVENUE SE. 4. The roadway illustrated as DEDICATED ROW 66' will need to be looked at during platting stage. RECOMMENDATION: If this roadway gets platted as a local street it should be labeled as 30 STREET SE. WETLAND COMMENTS FOR DEVELOPMENT APPLICATIONS Application Number: General Development Plan #272, by Williams Family Partnership, to be known as Williams Commercial Center/Seneca Foods 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. ElNo 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: Wetlands have been identified on the Williams Family property. No wetland delineation has been completed for the larger area shown on the GDP. From John Harford Wetlands LGU Representative REQUEST FOR COUNCIL ACTION MEETING DATE: 11-06-06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PtBLIC HEARINGS PLANNING - ITEM DESCRIPTION: Preliminary Plat #06-19 by Williams Family Partnership to be known PREPARED BY: as Williams Commercial Center. The property includes approximately 36.23 acres of land Theresa Fogarty, located north of TH 52, east of south TH 63, at the east end of 281" Street SE. The Plat Planner proposes to subdivide the property into two lots and three outlots. November 2, 2006 City Planning and Zoning Commission Recommendation: The City Planning and Zoning Commission held a public hearing on October 11. 2006 to consider this preliminary plat. Mr. Geoff Griffin of GGG Engineering, addressed the Commission. He indicated that there is agreement with the staff -recommended conditions and will work with staff regarding revising the plat. The Planning Commission found that this preliminary plat will conform with the applicable criteria with the following conditions or modifications: 1. The Plat shall be revised as follows and submitted to the Planning Department, prior to Council action: a. Correcting the "Site Data Summary" indicating number of M-1 lots = 5 b. Dedicate the entire roadway of `28t8 Street SE" to the eastern boundary of the plat and the roadway located along the southern portion of the plat, as indicated on the General Development Plan or reduce the size of the plat to include only the area identified as Block 1, Lot 1 and Block 2, Lot 1. 2. Grading & Drainage Plan approval is required for each phase of development, prior to Final Plat submittals. 3. There are inadequate on and off site public facilities, specifically Sanitary Sewer, Water, Access, 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 development. Alternatively, the developer may request to join with the City in making these inadequate public facilities adequate for this development, and may enter into a development agreement, prior to Final Plat submittal, that outlines the developer's and City's obligations related, but not limited to: stormwater management (including any obligations for off -site facilities), transportation improvements (including any off - site improvements necessary to accommodate this development), ownership & maintenance of any private wetlands & or facilities, obligations for pedestrian facilities, ownership & maintenance of proposed Outlots, contributions for existing & future public infrastructure, and the extension of public utilities to abutting properties where applicable. 4. Construction of Pedestrian Facilities will be address in the Development Agreement, and will consist of either 5 ft wide concrete sidewalk or 10 ft wide bituminous path. 5. A wetland delineation has been carried out for the property and is on file with the Planning Department. The wetland delineation is over 3 years old and must be recertified. The applicant must submit a new report indicating any changes in the wetland boundaries. Based on one version of the preliminary plat and preliminary grading plan a wetland replacement plan is required and must be reviewed and acted on by the City Council prior to action on any grading plans. COUNCIL ACTION: motion by: Second by: to: Page 2 Preliminary Plat Williams Commercial Center 6. The Flood Prone District covers the entirety of the property. Approval of the preliminary plat is subject to approv: of a Conditional Use Permit allowing fill in the Flood Prone District. 7. The minimum fire flow for this commercial development area shall be no less than 2,500 gpm at 20 psi. The actual required fire flow per lot will be determined by the size and construction type of the buildings being proposed. 8. 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. Ms. Rivas moved to recommend approval of Preliminary Plat #06.19, Williams Commercial Center, with staff recommended findings and The motion carried 9-0. Planning Department Recommendation: See attached staff report, dated October 5, 2006. by Williams Family Partnership to be known as conditions. Mr. McGuine seconded the motion. 6orirrsiYAct%ii itl ft" � nc + V ave prove yvit � ditions, or deny the land subdivision permit. Thy, unci ;of f s6+ ti the criteria inrr�cn the staff report' eri :r c u "_s�. songPIZ , y:a conclus-rfrhaf at least one of thy_;-: �fiftee mg od • n M T ra Attachments: 1. Staff Report, dated October 5, 2006. 2. Minutes of the October 11, 2006 CPZC Meeting Distribution: 1. City Administrator 2. City Clerk 3. City Attorney 4. Planning Department File 5. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, November 6, 2006 in the Council Chambers at the Rochester / Olmsted Coun Government Center. �i C�3n� �: 113Y53Yt Dy~ 1 s�z s i snv pd- Tb A F@ a E'n""a R � ••6Y iFEi fi eEi E 4, »UNI PI l E zF.A ix e'.-. {{ Tis €:wA xzy �aY4"F § !Ss isSs •fseA lib hill 8 a5�}�6- c d[ 3 R§f`R Y�§ E t sR�ASf-:1 t 1F0.,'.. •F- � Y I f� Hill b V ^:�-rd g5i5il S :XFS}FB i - N Z V EF,E"•xlE�:- F$si�§s E��s€ � '� - I m n JR F � .� g i_ 6Bx EStF Y'd� CJ•s5�^ 55 A � '.. I D i F iR:zF iitR ^E..._• ,Z I F z I {{i�aft ili } t4 sE is€sld,=O:Y� �F.1° A. its YfF 'y 1,3 y •s p EwE�•d= pp :.SE }w.R.-2_ t N .. ���=`5:e�a �Q9g�rB�q� • _! E6 a•$a§6� EFF s�E�e.Rs�EE�} 1Y m c �kkCpp Rgg@@Eh;�y -E h3: jf E3i •Ra E-F •: ESR is E ]]F I i i�.[[.r (` rr■.. fi4`b t�Ef+�3jgs E&FSE:�}i'-i{�a C- � �� ••F[ 8 �9$cilia 1al- Ne �s3 ��� W rs 1` "- _ •III. � s C34Zow 3� 4§g n ti tea...• .. J Ti NMI 7 y I J Ab;y Jb` 1 -7v v`- � VICINITY MAP a m s t _l qi i b� 1 � �+ =RECEI'VED110poStj 6b*P n Page 3 City Planning and Zoning Commission Minutes Hearing Date: October 11, 2006 Water, Access, and Storm Water development of this Property. N ouncil has determined that all r velopment Alternatively, the maXng these inadequate public ente 'nto a development agreen devel errs and City's obligatior (includi any obligations for ofi (includin ny off -site improvem pedestrian ftlitles, contribution: extension of lic utilities to abi 2. Grading & Drain a Plan.approva Final Plat submitt Untreated wetlands will not b ermitted. T. Maintenance Agreem t for all priva facilities. 3. Execution of a City -Own Coi easements is required pri tc development. 4. f Prior to the development of th the Site Development Plan reN --public road. a.Utilities and infrastructure mt constru )mentwill be >ublic facilities r may request adequate fort 'accordance with e Long Range Teansortation.Plan rri included in th ` raffle D sign Analysis.p 9. Prior to re by the City Council thls GDP must show th trails in Ord with the Urban Area Bikeway Plan.".-o shown ong the proposed alignment of 2e and 26th Strei and ssary easements or future right of way for the fu sh d be finalized during the future approval process 10. a applicant should show the approved connection of 31 indicated in the Leitzen GDP 221. The applicant must she 30a' St extension on the eastern side of this GDP. Page 4 City Planning and Zoning Commission Minutes Hearing Date: October 11, 2006 north of TH 52 east of south TH 63 at the east end of 28th St. SE. The Plat proposes to subdivide the property into two Lots and three Outlots. Ms. Mitzi A. Baker presented the staff report, dated October 5, 2006, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. The applicant's representative, Geoff Griffin of GGG Engineering (14070 Hwy 52 SE, Chatfield MN 55923), addressed the Commissions. He stated that the applicant is in agreement with the staff -recommended conditions. He stated that he would work with staff regarding revising the plat. With no one else wishing to be heard, Mr. Burke closed the public hearing. Ms. Rivas moved to_recommen Partnership to be known AS Wi, findings and conditions. Mr N CONDITIONS: 1. The Plat shall be revised as Council action: a. Correcting the,"Site Dal b. Dedicate the entire roac and the roadway locate; the General„Elevefopme area identified as Block iuine seconded then otron, T,he,motlort dartied.9-0. these inadequate public facilities adequate for this develol development agreement, prior to Final Plat submittal, that City's obligations related, but not limited to: stormwater m obligations for off -site facilities), transportation improvem improvements necessary to accommodate, this developmE maintenance of any private wetlands & or facilities, obliga facilities, ownershtp & maintenance of proposed Qutiots, i future public infrastructure, and the extenslon ofpubhc W where applicable. .: 4. Construction of Pedestrian Facilities will be address in{thi and will consist of either 5 ft wide concrete sidewalk or 10 5 A wetland delineation has been carried out for the properl Page 5 City Planning and Zoning Commission Minutes Hearing Date October 11, 2006 Planning Department. The wetland delineation is over 3 years old and must be recertified. The applicant must submit a new report indicating any changes in the wetland boundaries. Based on one version of the preliminary plat and preliminary, grading plan a wetland replacement plan is required and must be reviewed and acted on by the City Council prior to action on any grading plans. 6. The Flood Prone District covers the entirety of the property.Approval of the preliminary plat is subject to approval of a Conditional Use Permit allowing fill in the Flood Prone District. 7. The minimum fire flow for this commercial development area shall be no less than 2,500 gpm at 20 psi. The actual required fire flow per lot will be determined by the size and construction type of the buildings being proposed. 8. 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 rlovpinnment_ Ms. Mitzi A. Baker presented the staff report, d October 3, 2006, to the Commission. The staff report is on file at the Rochester-( anning Department. With no one else wishing to be heard, Mr ur closed the public hearing. Mr. Haeussinger moved to recommend pproval Text Amendment #06-07, initiated by the Rochester City Council, based on aff's recommendation.` Mr. Ohly seconded the motion. The motion carried 9-0. OTHER BUSINESS: 1. As may be brought up with members Ms. Baker explained that the Council/Board Chambers will be closed the month of January 2007 so the meetings would be in City Hall Room 104. ADJOURN: Motion made by Mr. McGuine to adjourn, seconded by Ms. Rivas. Mr. Burke, Chair, adjourned the meeting at 7:30 p.m. Respectfully Submitted: Philip H. Wheeler, AICP 119 Mr. Jay Burke, Chair ROCHESTER-OLMSTED PLANNING DEP-AKTMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 [ G O x T Y OF www.cimstedcounty.com/planning TO: City Planning and Zoning Commission FROM: Theresa Fogarty, Planner DATE: October 5, 2006 OF Qp CNESTEg.M1r,NM1A a iz Ra TE6- j ' ST• RE: Preliminary Plat #06-19 by Williams Family Partnership to be known as Williams Commercial Center. The property includes approximately 36.23 acres of land located north of TH 52, east of south TH 63, at the east end of 28th Street SE. The Plat proposes to subdivide the property into two lots and three outlots. CP&ZC Hearing Date: October 11, 2006 Planning Department Review: Applicant/Owner: Williams Family Partnership 41050 95" Street Blue Earth, MN 56013 Surveyors/Engineers: GGG, Inc. 14070 Highway 52 SE Chatfield, MN 55923 Referral Comments: Rochester Public Utilities - Water Division Rochester Public Works Department Planning Dept — LGU Wetlands Staff Planning Dept —GIS Addressing Staff Rochester Fire Department Report Attachments: 1. Land Development Manual Excerpts 2. Referral Comments ( 5 letters) 3. Copy of Preliminary Plat 4. Copy of GDP being considered concurrently with the Preliminary Plat request 5. Location Map Development Review: Zoning: The currently zoned M-1 (Mixed Commercial -Industrial) district on the City Zoning Map. Proposed Development: This development consists of approximately 36.23 acres of land to be subdivided into 2 lots and 3 outlots for commercial / industrial development. BUILDING CODE 507/285-8345 • GIS/ADDRESSINGIMAPPING 50712B5-8232 • HOUSINGIHRA 5071285-8224 PLANNING/ZONING 5071285-8232 • WE LJSEPTIC 507/2B5-8345 FAX 5071287-2275 �� ..­,, A., r.o onon m,mwerrm I, ATNF ArMnN PMPLOYER Page 2 Preliminary Plat #06-19 Williams Commercial Center October 5, 2006 Roadways: There is one new roadway planned within this Preliminary Plat. The roadway identified as "281" Street SE" and is designed with an 80" right-of-way. The private roadway running east and west across the southern edge of this plat is recognized as 30'h Street SE and is not being captured in this plat. However, if the roadway getsRiatted it needs to retain the designation of 30 Street SE. Also, if the residential and utility addresses east of this plat get access from a different roadway, the cost of re -addressing these sites shall be the responsibility of the developer at the time of Final Platting. Pedestrian Facilities: Pedestrian Facilities will be addressed in the Development Agreement, which will consist of either 5 foot wide concrete sidewalk or a 10 foot wide bituminous path. Currently the construction plans show 4 foot wide sidewalk, which is not permitted. Drainage: Grading and Drainage Plan approval is required for each phase of development, prior to Final Plat submittals. Wetlands: Minnesota Statutes now requires that all developments be reviewed for the presence of wetlands or hydric soils. The Flood Prone District covers the entirety of the property. The applicant has applied for a Conditional Use Permit to fill the Flood Prone District that will be considered by the City Planning and Zoning Commission at their October 25, 2006 meeting. A wetland delineation has been carried out for the property and is on file with the Planning Department. The wetland delineation is over 3 years old and must be recertified. The applicant must submit a new report indicating any changes in the wetland boundaries. Based on one version of the preliminary plat and preliminary grading plan a wetland replacement plan is required and must be reviewed and acted on by the City Council prior to action on any grading plans. Public Utilities: Based on the finished grades provided, the static water pressures will range from 57 to 62 PSI within this area. The minimum fire flow for this commercial development area shall be no less than 2.500 gpm at 20 psi. The actual required fire flow per lot will be determined by the size and construction type of the buildings being proposed. 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. Page 3 Preliminary Plat #06-19 Williams Commercial Center October 5, 2006 Spillover Parking: Parkland Dedication: General Development Plan: Parking for the development of each lot will be determined at the time of Site Plan Development Review. The property will not be used for residential development; therefore, there are no parkland dedication requirements. This property is included within the Williams Commercial Center / Seneca Foods General Development Plan being considered concurrent with this Preliminary Plat request. Preliminary Plat Staff Review and Recommendation: Section 61.225 of the Land Development Manual lists the findings which must be considered by the Planning Commission and the Council when reviewing a land subdivision permit application. This section is attached for your information. The Planning staff has reviewed this preliminary plat request for compliance with the Rochester Zoning Ordinance and Land Development Manual including Section 61.225 of the LDM. The staff recommends approval with the following conditions / modifications: 1. The Plat shall be revised as follows and submitted to the Planning Department, prior to Council action: a. Correcting the "Site Data Summary" indicating number of M-1 lots = 5 b. Dedicate the entire roadway of Ve Street SE" to the eastern boundary of the plat and the roadway located along the southern portion of the plat, as indicated on the General Development Plan or reduce the size of the plat to include only the area identified as Block 1, Lot 1 and Block 2, Lot 1. 2. Grading & Drainage Plan approval is required for each phase of development, prior to Final Plat submittals. 3. There are inadequate on and off site public facilities, specifically Sanitary Sewer, Water, Access, 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 development. Alternatively, the developer may request to join with the City in making these inadequate public facilities adequate for this development, and may enter into a development agreement, prior to Final Plat submittal, that outlines the developer's and City's obligations related, but not limited to: stormwater management (including any obligations for off -site facilities), transportation improvements (including any off -site improvements necessary to accommodate this development), ownership & maintenance of any private wetlands & or facilities, obligations for pedestrian facilities, ownership & maintenance of proposed Outlots, contributions for existing & future public infrastructure, and the extension of public utilities to abutting properties where applicable. j Page 4 Preliminary Plat #06-19 Williams Commercial Center October 5, 2006 4. Construction of Pedestrian Facilities will be address in the Development Agreement, and will consist of either 5 ft wide concrete sidewalk or 10 it wide bituminous path. 5. A wetland delineation has been carried out for the property and is on file with the Planning Department. The wetland delineation is over 3 years old and must be recertified. The applicant must submit a new report indicating any changes in the wetland boundaries. Based on one version of the preliminary plat and preliminary grading plan a wetland replacement plan is required and must be reviewed and acted on by the City Council prior to action on any grading plans. 6. The Flood Prone District covers the entirety of the property. Approval of the preliminary plat is subject to approval of a Conditional Use Permit allowing fill in the Flood Prone District. 7. The minimum fire flow for this commercial development area shall be no less than 2,500 gpm at 20 psi. The actual required fire flow per lot will be determined by the size and construction type of the buildings being proposed. B. 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. Note to Applicant: The roadway adjacent to the west edge of this plat illustrated as ,301h Street SE is incorrect and should be labeled as "3 AVENUE SE" in conformance with City policy. If the residential and utility addresses east of this plat get access from a different roadway, the cost of re -addressing these sites shall be the responsibility of the developer at the time of Final Platting. Page 5 Preliminary Plat 406-19 Williams Commercial Center October 5, 2006 CITY OF ROCHESTER ZONING ORDINANCE AND LAND DEVELOPMENT MANUAL EXCERPTS 61.225 Finding for Land Subdivision: The Zoning Administrator, Commission or Council shall approve a development permit authorizing a land subdivision if all of the following findings with respect to the proposed development are made: A. The proposed land subdivision conforms to all relevant requirements of this ordinance and variances have been granted to permit any nonconformance. B. That the proposed water system and sanitary sewer system are adequate to serve the normal and fire protection demands of proposed development and to provide for the efficient and timely extension to serve future development. C. That the plan for soil erosion and stormwater management meets the adopted standards of the City of Rochester and is consistent with the adopted Stormwater Management Plan or adopted drainage to stormwater policies. D. That the vehicular and non -motorized system is consistent with adopted transportation plans and is consistent with the street layout standards listed in Section 64.120 and traffic service standards in Section 61.526. E. That the lot and block layout provide for safe and convenient vehicular, service and emergency access, efficient utility service connections, and adequate buildable area in each lot for planned uses. F. That the proposed land subdivision has taken into account the current 6-Year and other Long -Range Capital Improvements Programs and the elements listed therein in the design of the subdivision. G. That the proposed subdivision, if in a resident zoning district, -addresses the need for spillover parking consistent with the requirements of Section 63.426. H. That right-of-ways and easements of adequate size and dimensions are -provided for the purpose of constructing the street, utility, and drainage facilities needed to serve the development. I. That the proposed parks, trail thoroughfares and open space dedications are consistent with adopted plans, policies and regulations. J. That the proposed subdivision will not have off -site impacts on the street, drainage, water or wastewater systems that exceed adopted standards. K. That the proposed subdivision will not have adverse impacts on the safety or viability of permitted uses on adjacent properties. L. That the proposed land subdivision is designed in such a manner as to allow for continued development in an efficient manner on adjacent undeveloped lands. ��s _ tr Page 6 �Q] Preliminary Plat #06-19 Williams Commercial Center October 5, 2006 M. That the soils, topography and water tables have been adequately studied to ensure that all lots are developable for their designated purposes. N. That the proposed land subdivision is consistent with the standards of the Citys adopted Comprehensive Plan with regard to street standards and classification, and other matters not addressed in this ordinance. O. That any land located within Zone A as shown as on the currently adopted Flood Boundary and Floodway Maps of the Flood Insurance Study, Rochester, Minnesota prepared by the Federal Emergency Management Agency, is determined to be suitable for its intended use and that the proposed subdivision adequately mitigates the risks of flooding, inadequate drainage, soil and rock formations with severe limitation for development, severe erosion potential or any other floodplain related risks to the health, safety or welfare of the future residents of the proposed subdivision in a manner consistent with this ordinance. P. That the proposed land subdivision, if approved, would not result in a violation of federal state law, or city or county ordinance. 61.226 Conditions on Approvals: In considering an application for development permit to allow a land subdivision, the approving body shall consider and may impose modification or conditions to the extent that such modifications or conditions are necessary to insure compliance with the criteria of Section 61.225. rpu ;vr pt?.�gv, we e.°fivrr August 31, 2006 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Preliminary Plat 906-19 by Williams Family Partnership to be known as Williams Commercial Center. Dear Ms. Gamess: Our review of the referenced preliminary plat is complete and our comments follow: 1. Based on the finished grades provided the static water pressures will range from 57 to 62 PSI within this area. 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, Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Bureau Gary Schick, Building & Safety Williams Family Partnership GGG, Inc Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 ROCHESTER R�4�� TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DATE: 10/5/06 DEPARTMENT OF PUBLIC WORKS 201 0 Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the application for Preliminary Plat #06- 19, for the proposed Williams Commercial Center development. The following are Public Works comments: 1. There are inadequate on and off site public facilities, specifically Sanitary Sewer, Water, Access, 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 development. Alternatively, the developer may request to join with the City in making these inadequate public facilities adequate for this development, and may enter into a development agreement, prior to Final Plat submittal, that outlines the developers and City's obligations related, but not limited to: stormwater management (including any obligations for off -site facilities), transportation improvements (including any off -site improvements necessary to accommodate this development), ownership & maintenance of any private wetlands & or facilities, obligations for pedestrian facilities, ownership & maintenance of proposed Outlots, contributions for existing & future public infrastructure, and the extension of public utilities to abutting properties where applicable. 2. Grading & Drainage Plan approval is required for each phase of development, prior to Final Plat submittals. 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. Preliminary Construction Plan continents will be provided separately to the Owner's consulting engineer. NOTE: The construction plans show 4 foot wide sidewalk which is not permitted. Pedestrian Facilities will be address in the Development Agreement, but will consist of either 5 ft wide concrete sidewalk or 10 ft wide bituminous path. C:\Documents and Settings\PLHTFOGA\Local Settings\Temporary Internet Files\OLK267\PP06-19 Williams Commercial Centecdoc r ROCHESTER H41fll . TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DEPARTMENT OF PUBLIC WORKS 201 4" Street BE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 5. The north/south street along the west line of the Property will need to be renamed in conformance with City policy. Charges/fees applicable to the development of this property will be further addressed in the City -Owner Contract, and Development Agreement, and will include but are not limited: Sewer Availability Charge (SAC) - TBD Water Availability Charge (WAC) — TBD Transportation Improvement District (TID) - TBD ❖ Utility Connection Charges - TBD Storm Water Management — TBD through the Grading Plan review process ❖ Street Signs, as determined by the City Engineer Individual Lot development will be subject to a Plant Investment Fee (PIF) that is calculated and collected through the Building Permit review process. C:\Documents and Settings\PLHTFDGA\Local Settings\Temporary Internet Files\0LK267\PP06-19 Williams Commercial Center.doc KI WETLAND COMMENTS FOR DEVELOPMENT APPLICATIONS Application Number: Preliminary Plat #06-19 Williams Family Trust 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: The wetland delineation is over 3 years old and must be recertified. The applicant must submit a new report indicating any changes in the wetland boundaries. Based on one version of the preliminary plat and preliminary grading plan a wetland replacement plan is required and must be reviewed and acted on by the City Council prior to action on any grading plans. From John Harford Wetlands LGU Representative Rochester -Olmsted Planrr.... -partment GISlAddressing Division 2122 Campus Drive SE, Suite 100 Rochester, MN 55904.4744 Phone: (507) 285-8232 �; Fax: (507)287-2275 PRELIMINARY PLAT REFERRAL RESPONSE DATE: August 24, 2006 TO: Jennifer Garness; Stephanie Foster FROM: Randy Growden GISrAddressing Staff Rochester -Olmsted County Planning Department CC: Mark Welch RE: WILLIAMS COMMERCIAL CENTER PRELIMINARY PLAT #06-19 A review of the preliminary plat has turned up the following ADDRESS and ROADWAY related issues. 1. The roadway adjacent to the west edge of this plat illustrated as 30 St SE is incorrect. RECOMMENDATION: Roadway should be labeled as 3 AVENUE SE. NOTE: The private roadway running east and west across the southern edge of this plat is recognized as 30 St SE, and is not being captured in this plat. However if this roadway gets platted it needs to retain the designation of 30 St SE. Also, if the residential and utility addresses east of this plat get access from a different roadway, the cost of readdressing these sites will be billed to the developer at the time of Final Platting. The hand to reach (o(... DAVID A. KAPLER Fire Chief DATE: September 1, 2006 TO: Jennifer Garness, Planning FROM: R. Vance Swisher, Fire Marshal SUBJ: Amendment to GDP #208 and Preliminary Plat #06-19 by Williams Family Partnership, to be known as Williams Commercial Center. With regard to the above noted project plan, the fire department has the following requirements: 1. An adequate water supply shall be provided for fire protection including hydrants properly located and installed in accordance with the specifications of the Water Division. Hydrants shall be in place prior to commencing building construction. a) The minimum fire flow for this commercial development area shall be no less than 2,500 gpm at 20 psi. The actual required fire flow per lot will be determined by the size and construction type of the buildings being proposed. 2. Streets and roadways shall be as provided in accordance with the fire code, RCO 31 and the Zoning Ordinance and Land Development Manual. Emergency vehicle access roadways shall be serviceable prior to and during building construction. a) Minimum street width shall not be less than 20 feet clear drivable width. b) Streets less than 32 feet in width shall be posted "No Parking" on one side of the street. Streets less than 26 feet in width shall be posed "No Parking" on both sides of the street. 3. All street, directional and fire lane signs must be in place prior to occupancy of any buildings. 4. All buildings are required to display the proper street address number on the building front, which is plainly visible and legible from the street fronting the property. Number size must be a minimum 4" high on contrasting background when located on the building and 3" high if located on a rural mail box at the public road fronting the property. Reflective numbers are recommended. c: Donn Richardson — RPU Water (e-mail only) Mark Baker — Rochester Public Works (e-mail only) Williams Family Partnership GGG. Inc (e-mail only) REQUEST FOR COUNCIL ACTION MEETING DATE: 11-06-06 -AGENDA I ORIGINATINGDEPT: IT PUBLIC HEARINGS PLANI -) ,J . ITEM DESCRIPTION: Final Plat #06-26 to known as Century Hills Tenth Subdivision, by PREPARED 8Y: Payne Company. The Plat proposes to subdivide approximately 19.07 acres of land into 38 Theresa Fogarty, lots for single family development, and to dedicate right-of-way for new public roads Senior Planner including an extension of Stone Park Drive NE. The property is east and south of Century Knoll Lane NE. November 1, 2006 Planning Department Review: See attached staff report dated November 1, 2006 recommending approval subject to the following conditions: 1. A GIS impact Fee and E911 Addressing Fee shall be assessed and must be paid prior to recording the final plat, per the October 25, 2006 memorandum from Rochester- Olmsted Planning Department — GIS Division. 2. Dedication of parkland and cash with payments shall be handled in the form outlined in the October 27,2006 memorandum from the Rochester Park and Recreation Department. 3. No hydrtc 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. The final plat appears to be located in an area that may have soils and geology to support potential wetlands. The area in the drainage way in and beyond the easterly portion of the plat should be reviewed for wetland if the proposed grading will occur to the easterly property line or beyond the line, such as for a stormwater facility. 4. Execution of a City -Owner Contract is required prior to construction of the public infrastructure to serve this subdivision. Council Action Needed: 1. if the Council wishes to proceed, it should instruct the City Attorney to prepare a resolution with findings supporting their decision. Distribution: 1. City Administrator 2. City Clerk 3. City Attorney 4. Planning Department File 5. 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Notification Area of Final Plat to be known as Century Hills Tenth Subdivision located in the Pt of the SW 1/4 SW 1/4 Sec 29, and Pt of the SE 114 SE 114 Sec 30, and Pt of the NE 1/4 NE 1/4 Sec 31, and Pt of the Sec NW 1/4 NW 1/4 Sec 32 31 Final Plat #06-26 by Payne Company P I N s: 73.29.3 3.072244 ; 73.29,33.072239; 73.30.44.075226; 73.31.11.075227; 73.32.22.072237; 73.32.22.064838;73.31.11.075229 Neighborhood Assoc: None Council Ward: 5 (Bob Nowicki) 10/23/06 Olmsted County is not responsible for ommissions or errors contained herein. If discrepancies are found within this map, please notify the GIS Division, Rochester-0Imsted County Planning Department, 2122 Campus Drive SE, Rochester, MN 55904, (507) 285-8232. BOB ROCHESTER-OLbISTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 C Q U N T Y of vnvwolmstedcounty.com/planning TO: Rochester Common Council FROM: Theresa Fogarty, Senior Planner �DCHESTER; h7� , @q TED•pUGtiST• DATE: November 1, 2006 RE: Final Plat #06-26 to known as Century Hills Tenth Subdivision, by Payne Company. The Plat proposes to subdivide approximately 19.07 acres of land into 38 lots for single family development, and to dedicate right-of- way for new public roads including an extension of Stone Park Drive NE. The property is east and south of Century Knoll Lane NE. City Council Meeting: November 6, 2006 Planning Department Review: ApplicanVOwner: Payne Company 1700 Northwoods Drive NE Rochester, MN 55906 Surveyors/Engineers: Yaggy Colby Associates 717 Third Avenue SE Rochester, MN 55904 Referral Comments: Rochester Public Works Department Rochester Public Utilities - Water Division Planning Department -GIS/Addressing Staff Planning Department -Wetlands LGU Representative Rochester Park & Recreation Department Report Attachments: 1. Copy of Final Plat 2. Copy of approved Preliminary Plat 3. General Development Plan 4. Location Map 5. Referral Comments (5 letters) Development Review: Zoning: The property is currently zoned R-1 (Mixed Single Family) district on the City of Rochester Zoning Map. Roadways: The plat proposes to dedicate right-of-way for three new public roadways. The first roadway is an extension of "Stone Park Drive NE" and is designed with a 60' right-of-way. BUILDING CODE 507/285-8345 • GIS/ADDRESSINGIMAPPING 50712B5-8232 • HOUSING/HRA 5071285-8224 PLANNING/ZONING 5071285-8232 - WELLSEPTIC 507,'285-8345 FAx 507/287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 Final Plat #06-26 Century Hills Tenth Subdivision November 1, 2006 Roadways (continued): The second roadway identified as "Silver Park Lane NE" is designed with a 56' right-of-way, ending in a cul- de-sac with a 56' radius. The third roadway identified as "Century Corner Lane NE" is designed with a 56' right-of-way, ending in a cul- de-sac with a 56' radius. Pedestrian Facilities: A Development Agreement has been executed which addresses the requirement for pedestrian facilities. Drainage: The Grading and Drainage Plan has been approved for this property. A Development Agreement for this property has been executed and development is subject to the terms of the Agreement. Wetlands: Minnesota Statutes now requires that all developments be reviewed for the presence of wetlands or hydric soils. 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. The final plat appears to be located in an area that may have soils and geology to support potential wetlands. The area in the drainage way in and beyond the easterly portion of the plat should be reviewed for wetland if the proposed grading will occur to the easterly property line or beyond the line, such as for a stormwater facility. Public Utilities: Final utility plans have been approved. Spillover Parking: As per Section 63.426 of the LDM, all residential development must provide spillover parking for service vehicles and visitors. This development requires 46 spillover parking stalls. It appears as though the additional parking can be accommodated on the roadways and most likely within private driveways, as well. Disposal of Trees & Brush: As per Section 61.200 of the LDM, any person seeking approval of a subdivision activity, development activity or a conditional use permit must indicate whether there will be burning of brush, trees or debris that will be cleared as part of the proposed activity. Burning and chipping on site, salvaging and removing from the property. Page 3 Final Plat #06-26 Century Hills Tenth Subdivision November 1, 2006 Parkland Dedication: The City Park and Recreation Department recommends that dedication requirements be met via: Deferred land dedication with land to be dedicated identified as the "future neighborhood park" located immediately southwesterly of this proposed plat. Dedication to occur when the park is accessed via public street or when the City wishes to begin development of the park. The project consultant has confirmed that the minimum 100' wide park entrance access as shown on the GDP (dated 11/18/03) has been proposed to be relocated south of Block 2, Lot 7. General Development Plan: This property is included within the approved Century Hills GDP (#122). Preliminary Plat Staff Review and Recommendation: A preliminary plat for this area was approved by the Council on February 23, 2005. The City Council also considered a Design Modification #05-01 (to not provide the required mid -block pedestrian connection), this request was denied. The approval of the preliminary plat was subject to five (5) conditions: The conditions are listed below: 1. A temporary turnaround is required at the southerly end of "Stone Park Drive NE". Easements for this turnaround must be executed with the City prior to be recording of the Final Plat documents. 2. 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 January 10, 2005. 3. The plat shall be revised to: • Provide a drainage easement, of sufficient width, over the back portion of Lots 16 -19, Block 2. • A 20-foot utility easement is needed between Lots 7 & 8 and Lots 47 & 48, Block 1 for the required 8" water main loop from Century Corner Lane NE to the Silver Park Lane NE cul-de-sacs. • Label the short portion of roadway southeast of Silver Park Lane NE as "Stone Park Drive NE': • Provide a mid -block pedestrian connection between Stone Park Drive NE and Century Knoll Lane NE, unless this requirement is waived by the City Engineer. 4. Prior to the submittal of the final plat, the owner shall examine the property for wetlands and submit the necessary information to the Local Government Unit for review. Page 4 Final Plat #06-26 Century Hills Tenth Subdivision November 1, 2006 5. Drainage and Utility Easements shall be dedicated on the Final Piat as determined necessary through final construction and grading plan review or as determined in the Development Agreement. 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 / modifications: 1. A GIS impact Fee and E911 Addressing Fee shall be assessed and must be paid prior to recording the final plat, per the October 25, 2006 memorandum from Rochester- Olmsted Planning Department— GIS Division. 2. Dedication of parkland and cash with payments shall be handled in the form outlined in the October 27, 2006 memorandum from the Rochester Park and Recreation Department. 3. 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. The final plat appears to be located in an area that may have soils and geology to support potential wetlands. The area in the drainage way in and beyond the easterly portion of the plat should be reviewed for wetland if the proposed grading will occur to the easterly property line or beyond the line, such as for a stormwater facility. 4. Execution of a City -Owner Contract is required prior to construction of the public infrastructure to serve this subdivision. Note to Developer: A Development Agreement as been executed for this Property and development is subject to the terms of the Agreement. ROCHESTER My k TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DATE_ 10/26/06 DEPARTMENT OF PUBLIC WORKS 201 4' Street SE Room 108 Rochester, MN 559043740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the application for Final Plat #06-26 for the proposed Century Hills Tenth Subdivision. The following are Public Works comments on this request: 1. A Development Agreement has been executed for this Property. 2. Execution of a City -Owner Contract is required prior to construction of public infrastructure to serve this development. Development charges and fees applicable to the development of this property are addressed in the Development Agreement and or will be in the City -Owner Contract, and include but are not limited to the following: ❖ SAC ❖ WAC ❖ TID ❖ A Stormwater Management Fee, for any area of this property that does not drain to a privately constructed detention facility approved by the City to serve this development. Pedestrian Ramps - TBD •:• First Seal Coat contribution. Traffic Signs as determined by the City Engineer C:\Documents and Settings\PLHTFOGA\Local Settings\Temporary Internet Files\OLK267\FP06-26 Century Hills 10th Subd.doc rpu we plfdye. we deliver October 23, 2006 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Final Plat #06-26 by Payne Company to be known as Century Hills Tenth. Dear Ms. Gayness: Our review of the referenced final plat is complete and we have no objections. The final utility plans have been approved. Please contact us at 507-280-1500 if you have questions. Very truly yoouur�s,n.-,�. "OA 1"�'v Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 l , ,' Rochester -Olmsted Planning . cpartment GIS/Addressing Division 2122 Campus Drive SE, Suite 100 Rochester, MN 55904-4744 FINAL PLAT REFERRAL RESPONSE DATE: October 25, 2006 TO: Jennifer Garness, Stephanie Foster FROM: Randy Growden GIS/Addressing Staff Rochester -Olmsted County Planning Department CC: Jan Chezick; Ed Kuisle; Peter Oetliker RE: CENTURY HILLS TENTH SUBDIVISION FINAL PLAT #06-26 Phone: (507) 285-8232 Fax: (507)287-2275 UPON REVIEW OF THIS PLAT THE FOLLOWING FEES ARE REQUIRED TO BE PAID BEFORE THE PLAT CAN BE ADDRESSED. E911 ADDRESSING FEE: $. 3040.00 (38 LOTS/ADDRESSES) GIS IMPACT FEE: $ 970.00 (38 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 CENTURY HILLS TENTH SUBDIVISION the GIS / Addressing staff has found no issues to bring forth at this time. f WETLAND COMMENTS FOR DEVELOPMENT APPLICATIONS Application Number: Final Plat #06-26 - Century Hills Tenth Subdivision ❑ No hydric soils exist on the site based on the Soil Survey ❑ Hydric soils exist on the site according to the Soil Survey. The property owner is responsible for identifying wetlands on the property and submitting the information as part of this application. ❑ A wetland delineation has been carried out for the property and is on file with the Planning Department. ❑ A wetland delineation is on file with the Planning Department and a No -Loss, Exemption, or Replacement Plan has been submitted to the Planning Department. ❑ A wetland related application has been approved by the City. This plan incorporates the approved wetland plan. ® No hydric soils exist on the property based on the Soil Survey. However, due to the location in the landscape, the property owner should examine the site for wetlands. The property owner is responsible for identifying wetlands. ® Other or Explanation: This final plat appears to be located in an area that may have the soils and geology to support potential wetlands. The area in the drainageway in and beyond the easterly portion of the plat should be reviewed for wetlands if the proposed grading will occur to the easterly property line or beyond the line, such as for a stormwater facility. From John Harford Wetlands LGU Representative i / o ROCHESTER PARK AND RECREATION Rochester, MIY DEPARTMENT DATE: October 27. 2006 TO: Jennifer Garness Planning RE: Century Hills 10th Final Plat 06-26 Acreage of plat.......................................................... 19.07 a Number of dwelling units ............................................. 38 units Density factor............................................................ .0244 Dedication............................................................... .93 a Fair market value of land ............................................. The Park and Recreation Department recommends that dedication requirements be met via: Deferred land dedication with land to be dedicated identified as the 'future neighborhood park' located immediately southwesterly of this proposed plat. Dedication to occur when the park is accessed via public street or when the City wishes to begin development of the park. The project consultant has confirmed that the minimum 100' wide park entrance access as shown on the GDP (dated 11/18/03) has been proposed to be relocated south of Block 2 Lot 7. J2896 OAPARK DEDICATION12006\NE 2896\CENTURY HILLS 10, DOC 201 FOURTH STREET SE ROOM 150 ROCHESTER MI NNESOTA 55904-3769 TELE 507-281-6164 FAX 507-281-6165 DSTOTZ@CI. ROCHESTER. MN. US REQUEST FOR COUNCIL ACTION MEETING DATE: 11-6-06 4GENDA SECTION: ORIGINATING DEPT: PLANNING ITEM NO. , j PUBLIC HEARING 4� ITEM DESCRIPTION: Text Amendment #06-07, initiated by the Rochester City PREPARED BY: Council, to amend the Rochester Zoning Ordinance and Land Mitzi A. Balser, Development Manual to clarify the zoning certificate issuance process, Senior Planner when part of a Sound Amplification Permit application. October 24, 2006 The Rochester Planning and Zoning Commission held a public hearing on October 11, 2006 to consider this amendment. The Commission recommended pproval unanimously. Mr. Hauessinger moved to recommend approval of Text Amendment #06-07, initiated by the Rochester City Council, with staff suggested findings. Mr. Ohly seconded the motion. The motion carried 9-0. Council Action Needed: 1. If the Council wishes to proceed with the amendment as proposed, it should instruct the City Attorney to prepare an ordinance that can be adopted. The Council's decision must be supported by findings based on the criteria listed in Paragraph 60.338 (2) of the Rochester Zoning Ordinance and Land Development Manual (see attached staff report). Distribution: `fin 1. City Administrator 2. City Attorney 3. Planning Department File COUNCIL ACTION: Motion by: second by: to: ROCHESTER-OLMSTED PLANNING DEPARTMENT oF,RocHESTER:^'lnyFs k 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 .�y.••'•- '•.,�T www.olmsedcunty.com/planning ' c�o—emu x�r r o v tonp •.,- ' A TED•AU GUS'�• DATE: October 3, 2006 TO: Rochester Planning and Zoning Commission FROM: Mitzi A. Baker, Senior Planner RE: Text Amendment #06-07, initiated by the Rochester City Council, to amend the Rochester Zoning Ordinance and Land Development Manual to clarity the zoning certificate issuance process, when part of a Sound Amplification Permit application. Text Amendment: The City Council initiated this text amendment on September 9, 2006. Enclosed is the proposed amendment to the Ordinance. This amendment will result in changes to the following Sections of the Rochester Zoning Ordinance and Land Development Manual: 61.111, 61.115 and 60.175. The underlined text identifies text to be added. Planning staff will coordinate with the City Clerk to modify the Sound Amplification Permit application to include a reference to Section 61.111, Subd. 2 of the Rochester Zoning Ordinance and Land Development Manual. FINDINGS & RECOMMENDATION: A decision must be supported by finding based on the criteria listed in Paragraph 60.338 (2) of the Zoning Ordinance as follows (staff suggested findings follow each criteria): a) whether there is a public need for the amendment; There is a need to clarify this process in the Ordinance and to synchronize the Ordinance and administrative practices; b) whether the amendment will accomplish one or more of the purposes of this ordinance, the Comprehensive Plan or other adopted plans or policies of the City of Rochester; This amendment is consistent with the purposes of the Rochester Zoning Ordinance and Land Development Manual 0.e. Sec. 60.111); c) whether adoption of the amendment will be lawful. The amendment will provide clarification, and this amendment will be lawful. Staff recommends approval of this text amendment. BUILDING CODE 507/285-8345 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING1HRA 507/285-8224 PLANNING/ZONING 507/285-8232 • WELLISEPTIC 507/285-8345 FAX 507,1287-2275 �C`� AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER CHAPTER 61 LOT AND SITE DEVELOPMENT APPROVAL PROCEDURES 61.100 The requirements of this section identify which permits or certificates will be required prior to the commencement of any development involving the establishment, modification or change to a use on a parcel or tract of land within the City of Rochester. 61.110 ZONING CERTIFICATE: A document issued by the Zoning Administrator authorizing a development to proceed based on information included on the application evidencing compliance with ordinance requirements. 61.111 When a Zoning Certificate is Required: Subdivision 1. A zoning certificate shall be required before 1) any new use may be established involving a change in the manner in which the exterior portion of a site is used or involving the erection, construction, reconstruction or alteration (as defined) of a building or structure; 2) an existing use is changed or modified so as to alter the character of its occupancy; 3) the re-establishment of a use involving the erection, reconstruction, construction or alteration of a building or structure; or 4) the I establishment of a temporary use on a site may proceed. - - - Formatted: Indent: FirsC line: 0.25" 61.112 Procedure: All zoning certificates shall be processed under the Type I review procedure outlined in subsection 60.510. 61.113 Submission Criteria: Appendix 8 outlines the information that is to be submitted with an application for a zoning certificate. 61.114 Criteria or Approval of Zoning Certificates: It shall be the duty of the Zoning Administrator to issue the zoning certificate provided that he is satisfied that the use and layout of the development as indicated on the site plan conform with ordinance requirements. No zoning certificate authorizing a conditional use, or requiring a variance, special relief, or design modification, shall be issued until said permit has been approved under the regulations of this ordinance, and the zoning certificate evidences compliance with any conditions attached to the approval of said permit. 61.115 Approval of Temporary Uses: The zoning administrator may approve a zoning certificate for a temporary use in the form of a revocable permit for a period not to exceed 12 months subject to conditions that will safeguard the public health, safety and general welfare. Specific restrictions applying to certain types of temporary uses are: A. Carnival or Circuses: No structure or equipment shall be within 500 feet of any residential property line. B. Christmas Tree Sales: Only permitted in non-residential zoning districts for a period not to exceed 45 days. C. Contractor's Office and Construction Equipment Shed: Permitted in any district where use is Incidental to a construction project. The office or shed shall not contain sleeping or cooking accommodations, and shall be removed upon completion of the construction project. D. Seasonal Sales of Farm Produce: Sale areas shall be set back a minimum of 20 feet from any right-of-way. E. Public Gatherings (Concerts, religious meetings, tent meetings): Unless the public cathennc is the subject of an approved Sound Amplification Permit issued pursuant to Chapter 111 jhe organizers of such events shall present a traffic control_and parking plan that has been approved by the Police Department and the City Traffic Engineer. The site shall be cleared of debris at the end of the event and all temporary structures removed within 20 days after the close of the event. F. Storage Containers: Storage containers placed as temporary uses may not block fire lanes, no -parking zones or restrict emergency vehicles, delivery or other vehicle circulation. The placement of the container shall not block the visibility for vehicles or pedestrians entering or exiting the site. No solid or hazardous waste or hazardous material is permitted in or around the storage containers. No materials may be stacked or stored on top of the storage container. 61.116 Certificate of Zoning Compliance: A document issued by the Zoning Administrator permitting the occupancy of a Type III use in a building or on a parcel of land to commence, based upon a finding that the development is consistent with the terms of the zoning certificate authorizing the development. The Zoning Administrator may approve a conditional certificate of zoning occupancy where conditions beyond the control of the applicant exist which will not permit total completion of the development for a specified period of time. Deleted: T 60,171 Fees. Subdivision 1. The fees provided for in this Section shall apply to various land use and development applications and requests for information. The fees adopted on the last date of the schedule below will remain in effect until otherwise amended. Subd. 2 Zoning Certificate Fees: A. Residential Uses: (Values of improvement building, grading, etc., according to $1 to $500 $501 to $2,000 $2,001 to $25,000 $25,001 to $50,000 $50,001 to $100,000 +$1-25 per $100 + $2.55 per $1.000 1 +$1.80 per $1,000 5 + $.50 per $1,000 + $1.30 per $100 + $2.60 per $1,000 t + $1,95 per $1,000 ) + $.55 per $1,000 B. Multiple Family and Non -Residential Uses: (Values of improvement building, grading, etc., according to the following schedule.) + $1.35 per $100 + $2,65 per $1,000 7 + $1.90 per $1,D00 4 + $.60 per $1,000 Total Valuation '.. Rale of Fee. June 1, 2006 January 1, 2007 January 1, 2008 $1 to $500 S501 to$2000 S23 $23+$1.B0 per $100 S24 524+$1,55 per $100 S25 $25+$1.90 Per $100 $2,001 to S25,000 $50+$3,60 per $1,000 552+$370 per$1.000 $54+$3.60 per $1,000 525,001 to$50,000 $133+$1.55 per$1,000 $137+$1.60 per $1,000 $141+$1.65 per $1,000 550,001 to$100,000 $172+$.85 per $1,000 $176+$.90 per $1,000 $183+S.95 per$1,000 S1 D0,001 and up $214+S.25 per $1,000 9222+$.25 per $1,000 $230+$.25 per$1,000 C. Double Fee: When the building construction or remodeling has occurred prior to issuing of the zoning certificate, a double fee maybe imposed. D. Other Zoning Permits: Other Zoning Permits Rate of as June 1, 2006 Janua 1, 2007 January 1, 2008 Single Family Repairs and Interior Alterations $22 per application 524 per application $25 per application Mobile Home Installation $31 per application $32 per application $33 per application Sign Use Non -Residential Use Non -Residential Use Non -Residential Zoning Certificate fee Zoning Certificate fee Zoning Certificate tee Advertising Sign New Sign $180 per application $188 per application $190 per application Sign Credit 5125 per application $130 per application $135 per application Moving Permit $83 per application $86 per application $90 per application Grading Permit $180 per application $165 per application $190 per application Erosion Plan Review Demolition Permit $42 per application $43 per application $45 per application Housing Certificate $31 per application $32 per application $33 per application Compliance Letter Single Family $83 per application $86 per application $90 per application Other $165 per application $170 per application $175 per application Temporary Use Permit $260 per application $270 per application $280 per application Lies issued pursuant to 61.111, Subd. 2. the _ _ _ _ _ _ PC rmatted: Font: (Default) Aria[, --------"--'"-"----- - Formatted; FonC(De J10 Aria1, 11 pt Page 5 City Planning and Zoning Commission Minutes Heariry bate: October 11. 2006 Planning Department. The wetlind delineation recertified. The applicant must bmit a new n wetland boundaries. Based on o version of l grading plan a wetland replaceme plan is reg on by the City Council prior to actio on any �l Z; _ 6. The Flood Prone District covers the; preliminary plat is subject to approv Flood Prone District. 7. The minimum fire flow for`this coma 2,500 gpm at 20 psi. The actual re4 and construction type of the build' 8. Execution of a City Own ,ct easements is required prior ns Text Amendment #06 07 initiated by the Rochester City Council to amend the Rochester Zoning Ordinance and Land Development Manual to clarify the zoning certificate issuance process when part of a sound Amplification Permit application. Ms. Mitzi A. Baker presented the staff report, dated October 3, 2006, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. With no one else wishing to be heard, Mr. Burke closed the public hearing. Mr. Haeussinger moved to recommend approval of Text Amendment SOH 07' l'h fated by the Rochester City Council, based on staffs recommendation. lilji OhlsecondecFthe motion The motion carried 9-0. OTHER BUSINESS: 1. As may be brought up with members Ms. Baker explained that the Council/Board Chambers will be closed the month of January 2007 so the meetings would be in City Hall Room 104. ADJOURN: Motion made by Mr. McGuine to adjourn, seconded by Ms. Rivas. Mr. Burke, Chair, adjourned the meeting at 7:30 P.M. Respectfully Submitted: Philip H. Wheeler, AICP Mr. Jay Burke, Chair jig EN REQUEST FOR COUNCIL ACTION Reports & Recommendations: ITEM DESCRIPTION: Development CITY ADMINISTRATOR Agreement with VOT, LP MEETING DATE: 11/6/06 ITEM NO. F:, I PREPARED BY: T.SPAETH A Development Assistance Agreement between the City of Rochester and VOT, LP has been prepared for the construction of a 66 unit multi family rental housing project located along 3'd Avenue SE between 5" and 6"i Streets SE. The Council approved establishment of a tax increment financing district for this project. The major points within the Development Agreement are as follows: Responsibilities of the Developer: The developer is responsible for the construction of a 66 unit multi family rental housing project within the TIF district. Commencing of construction activities is to take place by December 31, 2006 and be substantially completed by December 31, 2007. During the term of this Agreement, 100% of the residential units must be occupied by individuals whose incomes are 60% or less of area median gross income. City's Responsibility: The Council has agreed to provide TIF assistance in the amount of $660,000, along with interest at a rate of 6%. The assistance is to be provided under the terms of a TIF note as a "pay as you go", and by that I mean that the City will pay VOT, LP the available tax increments with semi annual payments to the developer starting February 1, 2009. COUNCIL ACTION REQUESTED: Council authorization for the execution of a Development Assistance Agreement with VOT, LP by the Mayor & City Clerk for the Village on Third (# 34-1) Tax Increment Financing project ** Please note that a copy of the Development has not been included in the packet due to its length. �11� jt, ' AIL4� COUNCIL ACTION: motion by: Second by; to: IV CITY OF ROCHESTER COUNTY OF OLMSTED STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT WITH VOT, LP BE IT RESOLVED by the Common Council (the "Council") of the City of Rochester, Minnesota (the "City"), as follows: Recitals. (a) The City has the powers provided in Minnesota Statutes, Sections 469.124 through 469.134 (the "Act"). (b) Pursuant to and in furtherance of the objectives of the Act, the City has undertaken a program to promote redevelopment of certain land within the City, and in this connection is engaged in carrying out a development project known as Development District No. 34 (the "Development District") in an area located in the City. (c) There has been approved by the Council, pursuant to the Act, a Development Program for the Development District, as amended (the "Development Program"). (d) In order to achieve the objectives of the Development Program and particularly to make the land in the Development District available for redevelopment by private enterprise in conformance with the Development Program, the City has determined to provide substantial aid and assistance in connection with the Development Program through the financing of certain of the public costs of development in the Development District. (e) VOT, LP (the "Company") has presented the City with a proposal for the construction within the Development District of certain housing improvements, and there has been prepared a certain Development Agreement (the "Agreement") the City and the Company, stating the terms and conditions of such development and the City's and the Company's responsibilities respecting the assistance thereof, has been presented to the Council for its consideration. 2. The Council hereby approves the Agreement substantially in the form presented to the Council and hereby authorizes the Mayor and City Clerk, in their discretion and at such time, if any, as they may deem appropriate, to execute the same on behalf of the City, with such additions and modifications as those officers may deem desirable or necessary, as evidenced by their execution thereof. 1946551v1 I 3. Upon execution and delivery of the Agreement, the officers and employees of the City are hereby authorized and directed to take or cause to be taken such actions as may be necessary on behalf of the City to implement the Agreement, including without limitation the issuance of the TIF Note thereunder. 4. The Council hereby determines that the execution and performance of the Agreement will help realize the public purposes of the Act and are in furtherance of the Development Program. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS 6T' DAY OF NOVEMBER, 2006. PRESIDENT OF SAID COMMON COUNCIL ATTEST: CITY CLERK Approved this _ day of 2006. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) 19465?lvl STATE OF MINNESOTA ) ss. COUNTY OF OLMSTED ) CITY CLERK'S CERTIFICATE I, the undersigned, being the duly qualified and acting City Clerk of the City of Rochester, Minnesota, (the "City"), hereby certify that I have carefully compared the attached and foregoing resolution with the original on file in my office and further certify that the same is a full, true and complete copy thereof, relating to the authorization by the Common Council of the City of the execution of a certain Development Assistance Agreement between the City and VOT, LP. I further certify that said resolution was duly adopted by said Council at a duly called and regularly held regular or special meeting thereof. Witness my hand officially as such City Clerk this _ day of 2006. City Clerk Rochester, Minnesota 19a6s51 v1 REQUEST FOR COUNCIL ACTION MEETING DATE: 11/6/06 3ENDA SECTION: ORIGINATING DEPT: ITEM NO. Reports & Recommendations: City Administration F:- ITEM DESCRIPTION: Development Agreement Castleview Apartments (Salvation Army) PREPARED BY: D. Knott A Development Assistance Agreement between the City of Rochester and Castelview Apartments Limited Partnership has been prepared for the construction of a mixed use low income housing project located at 118 North Broadway (the Salvation Army is the general partner in the limited partnership). The project consists of a four-story building containing the 32 units of low income efficiency apartments located above the Salvation Army medical and dental clinic. Sixteen of the apartments are intended for the homeless and disabled with the remaining sixteen units targeted to very low income entry level workers. The project is in conformance with the City's zoning ordinance requirements and no rezoning or variances are required. The major provisions contained in the Agreement are outlined below: Responsibilities of the Developer: Subject to unavoidable delays, construction of the project is to be complete by December 31, 2007. Upon completion, the project will have a market value of at least $2,500,000. This is a Housing Tax Increment Financing District and 100% of the residential units in the project must be occupied by individuals whose income is 60% or less than the area median gross income. hi accordance with the TIF Statute, no more than 20% of the total square footage in the project may be used for non-residential uses. Citv's Responsibility: If approved by Council, the City will provide TIF assistance in a principal amount of $285,000 at an interest rate of 6%. The assistance is provided on a "pay as you go" basis with semi annual payments to the developer starting February 1, 2009. Payments on the TIF note are made solely from the available tax increments. If the increments are insufficient to make such payment, there is no additional liability on the part of the City. COUNCIL ACTION REQUESTED: Council authorization for the execution of a Development Assistance Agreement with Castleview Apartments Limited Partnership by the Mayor & City Clerk for the Castleview (# 35) Tax Increment Financing project ** Please note that a copy of the Development has not been included in the packet due to its length. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING +"4 DATE: 11-06-06 1GENDA SECTION: tESOLUTIONS AND ORDINANCES PLANNING DEPT: ITEM NO. ITEM DESCRIPTION: Zoning Ordinance Text Amendment #06-05 was adopted by the PREPARED BY: Council on August 21, 2006. The second reading occurred September 18, 2006. The Phil Wheeler, AICP attached ordinance makes additional minor clarifying revisions to the version approved on Planning Director September 18. November 2, 2006 The ordinance adopted in September used as a base the version of the LDM prior to another set of amendments approved earlier this year. The attached ordinance makes the minor corrections needed to bring the ordinance completely up to date. !,I b Council Action Needed: Approve the revised ordinance. Attachments: Ordinance amendment text. Distribution: 1. City Administrator 2. City Attorney 3. Planning Department File COUNCIL ACTION: Motion by: Second by: to: /7 T, ORDINANCE NO AN ORDINANCE AMENDING AND REENACTING SECTIONS 3 AND 4 OF ORDINANCE NO. 3787 RELATING TO DEVELOPMENT OCCURRING ON OR NEAR THE DECORAH-PLATTEVILLE- GLENWOOD GEOLOGICAL FORMATIONS. THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN: Section 1. On September 18, 2006, the Common Council of the City of Rochester adopted Ordinance No. 3787 relating to development occurring on or near the Decorah - Platteville -Glenwood geological formations in the City of Rochester. This ordinance, known as the "Decorah Edge Ordinance," has been studied, researched and redrafted numerous times during the past year. Section 2. Sections 3 and 4 of Ordinance No. 3787 amended Sections 61.214 and 61.215, respectively. However, on June 5, 2006, the Council amended Sections 61.214 and 61.215 in Ordinance No. 3772. At the time the Council adopted Ordinance No. 3772, the "Decorah Edge Ordinance" (Ordinance No. 3787) was still undergoing numerous drafts and changes. When the Council ultimately adopted Ordinance No. 3787, that ordinance mistakenly did not reflect the amendments previously adopted in Ordinance No. 3772. The purpose of this Ordinance is to amend Ordinance No. 3787 so as to reflect the amendments adopted in Ordinance No. 3772. Section 3. Accordingly, the Common Council amends Ordinance No. 3787 so that Section 3 thereof reads as follows: Section 3. Section 61.214 of the Rochester Code of Ordinances is hereby amended and reenacted to read as follows: 61.214 Submission Criteria Subdivision 1. Appendix B outlines the information that must be submitted with an application of a General Development Plan. The plan must show the density, intensity, land uses, pedestrian and bicycle ways, trail thoroughfares, parks, open space and pattern of future streets within the development, and possible off -site drainage situations affecting other tracts within 500 feet surrounding and adjacent to the proposed land subdivision. The City Engineer may reduce the distance subject to a drainage analysis to 200 feet where stormwater is channeled into an existing drainage facility that is designed to carry projected runoff and is located within 200 feet of the site, or where the drainage plan is found to be consistent with the Stormwater Management Plan, or adopted drainage and stormwater policies. Subd. 2. In addition to the information required in subdivision 1 of this section, every application for a General Development Plan must show one of the following: A. The proposed development is bounded on all sides by arterial or higher level streets, streams or other topographic constraints, existing development, land already included in an approved General Development Plan, or permanent open space that limits the inclusion of other abutting lands; B. The proposed development consists of at least 80 acres in land area regardless of ownership or interest, and consists of all lands for which the applicant has ownership or interest. Subd. 3. If applicable, the applicant must provide the information required by Chapter 59. Section 4. The Common Council also amends Ordinance No. 3787 so that Section 4 thereof reads as follows: Section 4. Section 61.215 of the Rochester Code of Ordinances is hereby amended and reenacted to read as follows: 61.215 Criteria for Approval of a General Development Plan: In approving a general development plan, the Council must make each of the following findings: A. The proposed land uses are generally in accord with the adopted zoning map. If the general development plan is being processed concurrently with a rezoning request, the general development plan and the rezoning request must be consistent with the comprehensive plan. If the general development plan is being processed concurrently with an amendment to the land use plan map and a rezoning request, the land use plan map amendment, rezoning request and general development plan must be consistent with the policies of the comprehensive plan. If there is inconsistency between these documents, the means for reconciling the differences must be addressed. B. The proposed development, including its lot sizes, density, access and circulation, is compatible with the existing and/or permissible future use of adjacent property. C. The mix of housing is consistent with adopted Land Use and Housing Plans. 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. 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. 1. Street system adequacy must be based on the street system's ability to safely accommodate trips from existing and planned land uses on the existing and proposed street system without creating safety hazards, generating auto stacking that blocks driveways or intersections, or disrupting traffic flow on any street, as identified in the traffic impact report, if required by Section 61.523(C). Capacity from improvements in the first 3 years of the 6-year CIP must be included in the assessment of adequacy. 2. Utilities are now available to directly serve the area of the proposed land use, or that the City of Rochester is planning for the extension of utilities to serve the area of the proposed development and such utilities are in the first three years of the City's current 6-Year Capital Improvements Program, or that other arrangements (contractual, development agreement, performance bond, etc.) have been made to ensure that adequate utilities will be available concurrently with development. If needed utilities will not be available concurrent with the proposed development, the applicant for the development approval must stipulate to a condition that no development will occur and no further development permit will be issued until concurrency has been evidenced. 3. The adequacy of other public facilities must be based on the level of service standards in Section 64.130 and the proposed phasing plan for development. 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. G. Wetlands and Edge Support Areas (as defined in Chapter 59) will be managed consistent with Chapter 59 and, where applicable, in such a way as to maintain the quality and quantity of groundwater recharging lower aquifers and to protect discharge, interflow, infiltration, and recharge processes taking place; provided, however, that the Council may waive this requirement under the provisions of Chapter 59. 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. I. If the eventual platting of the area involves approval of a Type III Land Subdivision Permit, the proposed development must satisfy one of the following categories of development: 1. A development bounded on all sides by arterial or higher level streets, streams or other topographic constraints, existing development, land already included in an approved General Development Plan, or permanent open space that limits the inclusion of other abutting lands; 2. A development with adequate public facilities and constituting the entire remaining service area of a major public facility improvement (such as a trunk sewer or water tower) that has been identified as a project in the Capital Improvement Program; 3. A development that consists of at least 80 acres in land area regardless of ownership or interest, and consists of all lands for which the applicant has Section 5. by this Ordinance. 2006. Section 6. ownership or interest; or 4. A development for which a development agreement has been executed by the owner and the city for the entire property included in the proposed general development plan. The development agreement must have been drafted based on the development of the property occurring as proposed in the general development plan. The remainder of Ordinance No. 3787 remains in effect and is not affected This ordinance is declared to be retroactive and effective as of October 1, PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS DAY OF ATTEST: CITY CLERK APPROVED THIS DAY OF (Seal of the City of Rochester, Minnesota) O�OpSAme�w 9?Bi 2006. PRESIDENT OF SAID COMMON COUNCIL 2006. MAYOR OF SAID CITY MEETING REQUEST FOR COUNCIL ACTION DATE: 1 I /6/06 ENDA SECTION: ORIGINATING DEPT: ITEM NO. SOLUTIONS AND ORDINANCES CITY ATTORNEYS OFFICE G ITEM DESCRIPTION: PREPARED BY: TER INS Y K RESOLUTIONS AND ORDINANCES G. 1. RESOLUTIONS G. 2. FIRST READING OF ORDINANCES, as appropriate. G. 3. SECOND READING OF ORDINANCES (for adoption). �a) An Ordinance Annexing To The City Of Rochester Approximately 42.09 Acres Of Land Located In A Part Of The West Half Of The Northeast Quarter Of Section 19, Township 106 North, Range 13 West, This is located north of Highway 52 and south of Pinewood Road Olmsted County, Minnesota. property S.E. b) An Ordinance Amending And Reenacting Section 106A.03 OF The Rochester Code Of Ordinances, Sp Relating To Ownership Limits For Dogs, Cats and Ferrets. G. 4. MISCELLANEOUS / " y COUNCIL ACTION: Motion by: Second by: to: