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Home My WebLink About11/20/2006_RegularCITY OF ROCHESTER COUNCIL AGENDA ^, COUNCIL/BOARD CHAMBERS ( ,� o —a GOVERNMENT CENTER ��v�� 151 4T" STREET SE MEETING NO. 28 REGULAR ADJOURNED PLEDGE OF ALLEGIANCE P.1GF 1-2 A) OPEN COMMENT PERIOD B) CALL TO ORDER C) LETTERS AND PETITIONS 3-4 1) Partnership Agreement with Shihung City 5-6 D) CONSENT AGENDAIORGANIZATIONAL BUSINESS NOVEMBER 20, 2006 7:00 P.M. 1) Approval of Minutes 7-8 2) Reappointments to Boards, Committees, and Commissions 9-14 3) Appointments to Citizens Advisory on Transit 15-18 4) Appointment to Housing & Redevelopment Authority 19-26 5) Appointments to Planning and Zoning Commission 27-30 6) Appointment to Library Board 31-32 7) Mileage Reimbursement Rates for 2007 33-34 8) Eastwood - $75,000 Transfer from Future Construction Account 35-36 9) Award of Contract: (J-1945) Audio Visual Improvements to Council Chambers/Boardroom 37-40 10) Professional Services Agreement with ACSG, Inc., for air service development 41-42 11) Licenses, Bonds & Miscellaneous City Activities 43-44 12) Transfer of Location — On -Sale Club Intoxicating Liquor License — Fraternal Order of Eagles #2228 45-66 13) Approval of Substantial Land Alteration and Design Modification #03-12 for Land Subdivision Permit 403-19 by Badger Hills LLC 67-68 14) Audit Proposal — Fiscal Years Ending December 31, 2006 — 2010 69-72 15) Investment Performance Report — September, 2006 73-74 16) Advertise for Bids for Liquid Aluminum Sulfate and Anhydrous Ferric Chloride 75-76 17) Approval of Accounts Payable 77-80 18) Exempt Non -Contract RPU Director's and HR Confidential Employees' Compensation for 2007 81-82 19) Memorandum of Understanding — IBEW Local #949 and the City Council Agenda Monday, November 20, 2006 Page 2 of 3 83-94 20) Personnel Policies: Possession of Valid Driver's License or Commercial Driver's License (CDL) Based on the Job Description Requirement" and "Motor Vehicle Drug and Alcohol Testing" 95-98 21) Adopt Ordinance for a Portion of Zone Change Petition #05-11, by Waterfront Business Park LLC and Southern Woods Development LLC. The applicant is proposing to amend the Floodway and Flood Prone (100- yearfloodplain) boundaries. 99-100 22) Authorization for the City Attorney's Office to Initiate Legal Action Against Carriage Homes for the Fox Ridge Townhome Development Infrastructure Improvements 101-102 23) Owner Contract — Watermain & Hydrants to Serve Plunkett's Pest Control on Lot 2, Block 1, HRB Subdivision — J5261 103-104 24) Owner Contract — Public Improvements to Cascade Shores Townhomes — J5260 105-106 25) Owner Contract — Watermain & Hydrants to Serve the I.M.A.A. Office Building (Lot 7, Block 1, Sunset Terrace Eighth Subdivision ) J5257 107-108 26) Owner Contract — Storm Sewer Extension to Serve Outlot "B" Retail — J5216 109-110 27) Revocable Permit — Lot 3, Block 1, Commerce Park — Temporary Driveway within the Right of Way of Commercial Drive NW 111-112 28) Revocable Permit: Minnesota Energy Resources for Placement of a Natural Gas Line on City -owned Property South of 481h Street S.W. 113-114 29) Revocable Permit: YMCA of Rochester, Inc. Proposed Building Project within 7`h Street SW Right -of -Way in Willson's Addition 115-116 30) Revocable Permit: YMCA of Rochester, Inc., - Electrical Transformers and Sidewalk on City -owned property 117-118 31) Real Estate — Vacation of a Portion of 4`h Avenue SE 119-120 32) Award of Contract: (J2179) Installation of Sewage Flow Monitoring Equipment 121-122 33) Expand Residential Permit Parking Zone 6, 8'h Avenue SW 700 Block 123-124 34) Parking Management Contract with Republic Parking Systems / Extension for 2007 (Option Year 3) 125-126 35) Downtown Parking Change / 15 Minute Passenger / Commodity Loading P Avenue NW 10 Block 36) Approval of Bidding Process for Land Preparation for Station 5 37) Amended Purchase Agreement Old Fire Station #3 38) Revocable Permit — Lot 45, Block 1, Cascade Ridge Subdivision — Retaining Wall within Utility Easement 39) Authorize Execution of Subscription Services Agreement with GovDelivery, Inc., E) HEARINGS Council Agenda Monday, November 20, 2006 Page 3 of 3 127-128 1) Type III Phase III Conditional Use Permit #06-29 by Williams Family Partnership 129-134 2) Medical Institutional Campus Special (Zoning) District - Mayo Medical Center Five -Year Plan Update (2006-2011). 135-148 3) Zoning District Amendment #06-07 by S & P Brick to rezone the land from I (Interim) to M-1 (Mixed Commercial Industrial) on land located between Bear Creek and Marion road SE and north of 2430 Marion Road SE. 149-178 4) General Development Plan #273 by S & P Brick 179-180 5) Issue of Rental License Suspension, Revocation or the Imposition of a Fine for property located at 224-224 '/z 19'h Avenue S.W. and owned by Amanuel Feleke. 181-182 6) Assessment of Outstanding Billings for Weed Removal, Snow Removal, Debris Removal, Tree Removal, Impound Towing, Secure Property, Sidewalk Repair and Sewer/Water/Electric Service Charges. F) REPORTS AND RECOMMENDATIONS 183-188 1) Amendment to TIF Plan and Development Agreement — Town Hall Estates 189-190 2) Reconsider Item E-5 from the November 6, 2006, Council meeting to reconsider wording for condition #8 (aka "H") which was added by the City Council G) RESOLUTIONS AND ORDINANCES 191-192 H) TABLED ITEMS 1) OTHER BUSINESS J) ADJOURNMENT REQUEST FOR COUNCIL ACTION MEETING DATE: 11 A SECTION: OPEN COMMENT PERIOD —EM DESCRIPTION: OPEN COMMENT PER10D 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. _OUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING 3 / DATE: 11/20/06 LETTERS AND PETITIONS Administration .. EM DESCRIPTION: PARTNERSHIP AGREEMENT WITH ITEM NO. S.KVENVOLD Council president Hanson has requested an opportunity to report on the City of Rochester's partnership agreement with Shihung City. 1=NCIL ACTION: Motion by: Seed by: to: REQUEST FOR COUNCIL ACTION MEETING 5 DATE: 11/20/06 AGENDA SECTION: CONSENT AGENDA CITY ADMINISTRATOR I D-1-35 ITEM DESCRIPTION: APPROVAL OF CONSENT AGENDA ITEMS PREPARED BY: G. NEUMANN This RCA lists all the items which have been included in the consent agenda for this meeting. The Council can approve all of the items with a single motion to approve. The Council President will allow the Councilmembers an opportunity to state whether there are any of these items which you wish to have removed from the consent agenda approval and to have them discussed and acted upon separately by the Council. The consent agenda for this meeting consists of the following RCAs: 1 Z- Approval of Minutes —2) Reappointments to Boards, Committee, and Commissions -3) Appointments to Citizens Advisory on Transit 4) Appointment to Housing & Redevelopment Authority 5) Appointments to Planning and Zoning Commission .6) Appointment to Library Board 7) Mileage Reimbursement Rates for 2007 8) Eastwood - $75,000 Transfer from Future Construction Account 9) Award of Contract: (J-1945) Audio Visual Improvements to Council Chambers/Boardroom 10) Professional Services Agreement with ACSG, Inc., for air service development 11) Licenses, Bonds & Miscellaneous City Activities 12) Transfer of Location — On -Sale Club Intoxicating Liquor License — Fraternal Order of Eagles #2228 13) Approval of Substantial Land Alteration and Design Modification #03-12 for Land Subdivision Permit #03-19 by Badger Hills LLC 14) Audit Proposal — Fiscal Years Ending December 31, 2006 — 2010 15) Investment Performance Report— September, 2006 16) Advertise for Bids for Liquid Aluminum Sulfate and Anhydrous Ferric Chloride 17) Approval of Accounts Payable 18) Exempt Non -Contract RPU Director's and HR Confidential Employees' Compensation for 2007 19) Memorandum of Understanding — IBEW Local #949 and the City COUNCIL ACTION: Motion by: Second to: E Page 2 November 20, 2006 20) Personnel Policies: Possession of Valid Driver's License or Commercial Driver's License (CDL) Based on the Job Description Requirement" and "Motor Vehicle Drug and Alcohol Testing" 21) Adopt Ordinance for a Portion of Zone Change Petition #05-11, by Waterfront Business Park LLC and Southern Woods Development LLC. The applicant is proposing to amend the Floodway and Flood Prone (100-year floodplain) boundaries. 22) Authorization for the City Attorney's Office to Initiate Legal Action Against Carriage Homes for the Fox Ridge Townhome Development Infrastructure Improvements 23) Owner Contract — Watermain & Hydrants to Serve Plunkett's Pest Control on Lot 2, Block 1, HRB Subdivision — J5261 24) Owner Contract — Public Improvements to Cascade Shores Townhomes — J5260 25) Owner Contract — Watermain & Hydrants to Serve the I.M.A.A. Office Building (Lot 7, Block 1, Sunset Terrace Eighth Subdivision ) J5257 26) Owner Contract — Storm Sewer Extension to Serve Outlot "B" Retail — J5216 27) Revocable Permit — Lot 3, Block 1, Commerce Park — Temporary Driveway within the Right of Way of Commercial Drive NW 28) Revocable Permit: Minnesota Energy Resources for Placement of a Natural Gas Line on City -owned Property South of 48t' Street S.W. 29) Revocable Permit: YMCA of Rochester, Inc. Proposed Building Project within 71h Street SW Right -of -Way in Willson's Addition 30) Revocable Permit: YMCA of Rochester, Inc., - Electrical Transformers and Sidewalk on City -owned property 31) Real Estate — Vacation of a Portion of 4t' Avenue SE 32) Award of Contract: (J2179) Installation of Sewage Flow Monitoring Equipment 33) Expand Residential Permit Parking Zone 6, 8a' Avenue SW 700 Block 34) Parking Management Contract with Republic Parking Systems / Extension for 2007 (Option Year 3) 35) Downtown Parking Change / 15 Minute Passenger / Commodity Loading 3rd Avenue NW 10 Block COUNCIL ACTION REQUESTED: Motion to approve consent agenda items REQUEST FOR COUNCIL ACTION MEETING DATE: 11 /20/06� AGENDA SECTION: ORIGINATING DEPT: i i em NU. Organizational Business Mayor's Office 4-J - ITEM DESCRIPTION: Reappointments to Boards, Committees and Commissions PREPARED BY: Mayor Brede 11 I hereby submit for your approval the following reappointments: Rochester Public Utilities Board Jack (John) Jibbon - 2"d four-year term expiring January 2011 Citizens Advisory on Transit Ann Curtis - 4th three-year term expiring 12/31/09 Committee on Urban Design and Environment (CUDE) Bob Slater- 2"d three-year term expiring April 2009 John Klopp - 2"d three-year term expiring May 2009 Housing & Redevelopment Authority Mr. Stacy Jahraus - 2"d five-year term expiring 12/31/2011 Library Board Jerry Balm - 3`d three-year term expiring January 2010 Chris Colby - 3`d three-year term expiring January 2010 Civic Music Board Dr. Paul Scanlon - 2"d three-year term expiring 12/31/09 Jackie Brown - Ex-officio, term expiring 12/31/07 City Planning & Zoning Commission John McGuine - 1st three-year term expiring 12/31/2009 MEETING � REQUEST FOR COUNCIL ACTION DATE: 11/20/06 s GENDA SECTION: Business ORIGINATING DEPT: Mayor's Office ITEM NO. _ 3 Organizational ITEM DESCRIPTION: Appointments to Citizens Advisory on Transit PREPARED By: Mayor Brede I hereby submit for your approval the following appointments: Citizens Advisory on Transit Debra Bond - will fill the expired term of Michael Lorsung. Her term will expire December 2009. 2015 41 St NW #F29 Linda Kelly— will fill the unexpired term of Michael Ziemann. Her term will expire December 2007. 102 2nd St SE #910 Untitled Page \1D Application For: Debra Bond Page 1 of 2• no-u .3 - l0/001, Print I Close Window Board, Comrnitte, Commission Selections Board, Committee, or Commission Applying For . Citizens Advisory on Transit . Planning and Zoning Commission Personal Information Name Debra Bond Ward Ward 6 Address 2015 41 st nw, apt F29 Zip 55901 Home Phone 507-536-4898 Business Phone 507-285-7308 Fax Email dbond@winona.edu How long have you been a resident of Rochester? 25 Are you or any of your family members presently employed by the City of Rochester or serving on any of the City's advisory boards? Experience and Education Name of Employer Winona State University Occupation Lab Assistant Education Bachelor's Degree Bus Community Services/Activities YFU Christmas Anonymous Please list any major responsibilities that you had or currently have in a community project or organization or in your occupation Civic/Professsional Organization Memberships Executive Board Member for Local 945 Additional Information Please indicate why you are interested in being appointed to an I'm specifically interested in transit because I advisory board, and why you feel you are qualified to serve on the use the bus system in Rochester from time to advisory board(s) previously indicated time. I would like to see if we could exp; the hours and routes. I would also like to transit between the cities and Rochester. I'm interested in seeing Rochester grow and that __I: .: n A ;c+ nr; metailc acnx9annid=1h36effo... 10/23/200t Untitled Page Page 2 of 2 ` L, is why I am interested in the Planning and Zonning Commission. What do you believe you could contribute if appointed, to an advisory I am a Rochester resident that uses the bus board? system. I am your consumer with hopes of improving the system. I love this city and look forward to helping it grow and improve. I am not available for Board/Commission meetings on the following evenings: Conflict of Interest Conflict of interest may arise by the participation in any activity, recommended action, or decision from which you receive or could potentially receive direct or indirect personal financial gain, or other personal interest. A conflict of interest may also occur if you hold a private or other public position in addition to your City advisory board which may interfere with your discharge of your City responsibilities. In accordance with these definitions, do you have any legal or equitable interest in any business, however organized, which in the course of your participation in a City advisory board, could give rise to a conflict of interest? As a Board, Commission, or Committee member, what issue(s) might None that I can think of. -zuse conflict between civic responsibility and personal/professional fiefs (D 2005 City of Rochester, Minnesota • - -I - - -'-- A.:-7........:. rrli.+:ln..-9—411_1114r ffr 10irr')nni \V rG/ PERSONAL INFORMATION Ward ie %QD-Z/ Phone (H) �o2-a M-�4 � (B) (FAX) How long have you been a resident of Rochester? Are you or any of your family members presently employed by the City of Rochester or serving on any of the City's advisory boards? Yes_ No I— If yes, explain: EXPERIENCE AND EDUCATION Name of Ei Occupatior Education: Community Service/Activities: (nnd rx is 'kQ\-okyeA i�) A ciyi bts N1'krlJnip 2gA-%A L-%nJOL F9C��SinfV11:ncn �011,✓'1 0l�C 0Y 0-�-La is (2 I hk Sen;,:)r cc 1� r1 Please list major responsibilities that you have had or currently have in a community project or organization or in your occupation: / ci icwrw siXpai urgan¢ar n ivie ueisii s t' "o a U'P� O-P �' I'll P�16J,c rat - i- ADDITIO AL INFO Please indicate why you are interested in being appointed to an advisory board, and why you feel you are quali ped to serve 99 the advisory board(s) previous indicated. What do you believe you could contribute if appointed to an Ur)Jfi, hrA vai,r m1*LJ Mo,'nW relz-dab °IZ,� nS o-t? i2ol'.I't.aSiP-�' �vw`�n� st�g�esha�s advisory board. bu L Is V lv 4-csL in p(? lrbZC _ 4k�,,r Qcebl.c 13 How do you believe you would benefit if appointed to a Board or h I am NOT available for Board/Commission meetings on the following days / evenings (circle): Monday Tuesday edriesday Thursday Friday CONFLICT OF INTEREST Conflict of interest may arise by the participation in any activity, recommended action, or decision from which you receive or could potentially receive direct or indirect personal financial gain, or other personal interest. A conflict of interest may also occur if you hold a private or other public position in addition to your City advisory board which may interfere with your discharge of your City responsibilities. In accordance with these definitions, do you have any legal or equitable interest in any business, however organized, which in the course of your participation in a City advisory board, could give rise to a conflict of interest? Yes_ No _ If yes, please provide details on a separate sheet of paper. Do you own any real property located in Rochester, other than your residence, in which you have a legal or equitable interest which, in the course of your participation in a City advisory board, could give rise to a conflict of interest? Yes _ No k— if yes, please provide details on a separate sheet of pager. As a Board, Commission or Committee member, what issue(s) might cause conflict between civic responsibility and personal/professional interests? As required by City ordinance, if appointed to a City advisory board, you must complete a disclosure statement and file it with the City Clerk. You may attach a resume if you desire. The selection process will vary according to the number of applicants and vacancies, and may not include interviews with all candidates. Thank you for your interest in serving on an advisory board for the City of Rochester. Date Signature �— REQUEST FOR COUNCIL ACTION MEETING DATE: 11/20/06 AGENDA SECTION: Organizational Business ORIGINATING DEPT: Mayor's Office ITEM NO. ITEM DESCRIPTION: Appointment to Housing & Redevelopment Authority PREPARED BY: Mayor Brede I hereby submit for your approval the following appointment: Thomas "Tripp" Welch 960 Fox Knoll Drive Mr. Welch will fill the expired term of Michael Mullen. His term will expire December 2011. I?ntitled?Page �, n Page 1 of 3 Application For: Thomas "Tripp" Welch Print I Close Window Board, Committe, Commission Selections Board, Committee, or Commission Applying For Personal Information Name Ward Address zip Home Phone Business Phone Fax Email . Olmsted County Housing & Redevelopment Authority Thomas "Tripp" Welch Ward 2 960 Fox Knoll Drive 55902 507-281-8056 507-266-2341 welch.thomas @mayo. edu How long have you been a resident of Rochester? 10 Are you or any of your family members presently employed by the City of Rochester or serving on any of the City's advisory boards? Experience and Education Name of Employer Occupation Education Community Services/Activities Please list any major responsibilities that you had or currently have in a community project or organization or in your occupation Mayo Clinic Health Care Human Resources BS in Biology and Economics, Masters of Health Administration Currently serve on Rochester Art Center Board Served 8 yrs on Child Care Resource & Referral Board (including president) Former member of United Way Allocations Committees (3 years) Leadership Greater Rochester graduate Section Head for Mayo Clinic Human Resources Department — Responsibility for HR metrics and regulatory compliance. Perform primary and secondary research to answer questions related to workforce and human capital. Consult on HR processes and procedures. Serve on Mayo Clinic Spirit of Caring Allocation committee which assists staff through temporary financial hardships Secretary for Work/Life __�-_.--,A_ .: n IQ ncnx?annid=6e66ellf 10/5/200t I Tntitled, Page Civic/Professsional Organization Memberships Additional Information Please indicate why you are interested in being appointed to an advisory board, and why you feel you are qualified to serve on the advisory board(s) previously indicated What do you believe you could contribute if appointed to an advisory board? I am not available for Board/Commission meetings on the following evenings: Conflict of Interest Conflict of interest may arise by the participation in any activity, recommended action, or decision from which you receive or could potentially receive direct or indirect personal financial gain, or other personal interest. A conflict of interest may also occur if you hold a private or other public position in addition to your City advisory board which may interfere with your discharge of your City responsibilities. In accordance with these definitions, do you have any legal or equitable interest in any business, however organized, which in the course of your participation in a City advisory board, could give rise to a conflict of interest? Page 2 of 3 1'1 Subcommittee which has broad oversight programs and services that support Mayo Clinic staffs. Rochester Art Center I have a strong desire to ensure that all members of our community are able to have their basic human fulfilled. I believe safe and inviting housing is critical to one's sense of well-being. Once satisfied, if helps to facilitate the productive social interactions necessary to build a community. On a personal, I am interested in housing and development. I worked in the construction industry during high school and college, and spent the 9 of the last 10 years renovating a 110 year old house. My wife and I recently sold that and built a new home. During this time period I have spent a significant amount of time reading Fine Homebuilding and other construction related materials to further strengthen my understand of modem construction techniques. Having a broad business and human relations backgrounds, I have a great appreciation for balance between the two. This perspective has assisted in many situations to make significant contributions in finding the solutions where many thought there was none. I am a good team member, understanding the roles I am asked to play and when I am asked to play. I like learn, I am not afraid to ask questions, and follow through on my commitments. As a Board, Commission, or Committee member, Although I am unable to think of a situation, I am comfortable hat issue(s) might cause conflict between civic informing appropriate parites of the potential and abstaining or ssponsibility and personal/professional beliefs withdrawing from related decisions/discussions if one should arise. acnv9anniA=Firfifirllf I0/5/200f MEETING 'q REQUEST FOR COUNCIL ACTION DATE: 11/20/06 wrENDASECTION: 7ORIGINATING DEPT: ITEM NO. Organizational Business Mayor's Office ITEM DESCRIPTION: Appointments to Planning and Zoning Commission PREPARED BY: Mayor BTede I hereby submit for your approval the following appointments: Kathryn Moe 1210 Grey Fox Ave SW Ms. Moe will fill the expired term of Lisa Wiesner. Her term will expire December 2009. Kenneth Navitsky 6137 Shetland Dr NW Mr. Navitsky will fill the expired term of James Burke. His term will expire December 2009. James Williams 4706 Canterbury Ct NW Mr. Williams will fill the expired term of Paul Ohly. His term will expire December 2009. Untitled Page"lJ Page of 3 Application For: kathryn moe Print I Close Window Board, Committe, Commission Selections Board, Committee, or Commission Applying For Personal Information Name Ward Address Zip Home Phone Business Phone Fax Email . Planning and Zoning Commission kathryn moe Ward 2 1210 grey fox ave sw 55902 507-398-5160 507-281-Si{0-,5711 507-281-5722 kathryn@rochesterbusinesslaw.com How long have you been a resident of Rochester? 21 Are you or any of your family members presently employed by the City of Rochester or serving on any of the City's advisory boards? Experience and Education Name of Employer Occupation Education Community Services/Activities self employed attorney IC 0 Out going President, Olmsted County Bar Association; Past President and 6 year Board member of the Rochester Area Family Y; Past President and board member of the Rochester Area Association of Realtors; Past Board Member, Rochester Chamber of Commerce; Current Member of Mission Committee at Bethel Luthem Church; Volunteer Coordinator at Bethel Luthem Church for Dorothy Day House and Habitat for Humanity; Past member of Edumation Committee at the Rochester Area Chamber of Commerce. Please list any major responsibilities that you had or Chairman of fund raising event for Legal Assistance in M currently have in a community project or 2006 at the Plummer House with the omsted county bar organization or in your occupation association. I currently organize servers and food donations ,......-IA --- 1:_-,:--- rnA,.»:..:,.t—+4--frl>r.;l acnv9anniri=fiR25cfC... 10/23/2001 Untitled Page Pa i of 3 Civic/Professsional Organization Memberships Additional Information Please indicate why you are interested in being appointed to an advisory board, and why you feel you are qualified to serve on the advisory board(s) previously indicated What do you believe you could contribute if appointed to an advisory board? I am not available for Board/Commission meetings on the following evenings: Conflict of Interest Conflict of interest may arise by the participation in any activity, recommended action, or decision from which you receive or could potentially receive direct or indirect personal financial gain, or other personal interest. A conflict of interest may also occur if you hold a private or other public position in addition to your City advisory board which may interfere with your discharge of your City responsibilities. In accordance with these definitions, do you have any legal or equitable interest in any business, however organized, which in the course of your participation in a City advisory board, could give rise to a conflict -(interest? a Board, Commission, or Committee member, what issue(s) might cause conflict between civic responsibility and personal/professional beliefs each month for the Dorothy Day House for Bethel Lutheran Church. Past Co -Chair of Rochester Area Family Y New Year's Eve fund raising event. Currently I am a volunteer mediator with Minnesota Human Rights and provide pro bono legal services through Legal Corp. I teach pro bono community eduaction business classes twice a year through SCORE. Olmsted County Bar Association; Minnesota State Bar Association; networking breakfast group. I am also active in a book club, cooking group and women's bridge group. I have a strong background in business matters both educationally (B.S. in AgBus; MBA, and J.D.) and professionally (past commercial bank officer at Wells Fargo, past real estate broker, and currently a business/real estate attorney). I am a trained mediator and arbitrator, and am skilled at seeking solutions to problems in a variaty of situations. My two children are both away at college, and I now have more time to contribute to the community. I am a thoughtful and dedicated individual who is willing to listen and learn. I have served in many leadership capacities and am able to work well with groups of individuals to accomplish measurable results. For the past twenty-one years I have lived in Rochester and enjoyed the benefits of this wonderful community. I seek now to contribute back to the community by becoming a more active participant in city government. None that I am aware of. PERSONAL INFORMATION /P / Warc Zip Code Phone (H) eLBo-(nb2�S FAX) E-mail ire M 6Ce.Lme C { n rfPr- /�e� How long have you been a resident of Rochester?q V C_a rS' Are you or any of your family members presently employed by the City of Rochester or serving on any of the City's advisory boards? Yes_ No K If yes, explain: EXPERIENCE AND EDUCATION Name of Employer: i�e.Lmf, tis-A Occupation: AOCOLkil_E fxP1,cLEx ✓� Education: B' S . 0e41-e e, 3rom Pn nn so-f-a- < FO-ILe. (4 ye Y�, Dire e c:/t \Commccn �'C��i�r� Mc� w cn k- 0rp'e-i * Community Service/Activities" �OCTe:? ('_(DaCJ CO-) Ln(-«(JoS N[ Gh c cLeOL) _ nrrne r�2&- nrat" 0 F The Mn/ 42(c (t So ,P 4EScr, Please list major responsibilities that you have had or currently have in a community project or organization or in your occupation: LL)a+-d 3 = r rv.i an.r ee)(('.ear, 60.1e_4 �DO_L,Q en n) Civic/Professional Organization Memberships: ryft?>7e. ADDITIONAL INFORMATION Please indicate why you are interested in being appointed to an advisory board, and why you feel you are qualified to serve on the advisory board(s) previously indicated. LcSf-� What do you believe you could contribute if appointed to an advisory board? Le_a.oe,rSh�e , DC9nCL, bc/ncw, aryo Re.Fif�eC�. How do you believe you would benefit if appointed to a Board or Commission? i tiJLi (L h2 t me-. iL(13 e —,S I a-r p Q-�'W I am NOT available for Board/Commission meetings on the following evenings (circle): Monday Tuesday Wednesday Thursday Friday CONFLICT OF INTEREST Conflict of interest may arise by the participation in any activity, recommended action, or decision from which you receive or could potentially receive direct or indirect personal financial gain, or other personal interest. A conflict of interest may also occur if you hold a private or other public position in addition to your City advisory board which may interfere with your discharge of your City responsibilities. In accordance with these definitions, do you have any legal or equitable interest in any business, however organized, which in the course of your participation in a City advisory board, could give rise to a conflict of interest? Yes_ No —& If yes, please provide details on a separate sheet of Paper. Do you own any real property located in Rochester, other than your residence, in which you have a legal or equitable interest which, in the course of your participation in a City advisory board, could give rise to a conflict of interest? Yes _ No 1� If yes, please provide details on a separate sheet of paper. As a Board, Commission or Committee member, what issue(s) might cause conflict between civic responsibility and personal/professional interests? As required by City ordinance, if appointed to a City advisory board, you must complete a disclosure statement and file it with the City Clerk. You may attach a resume if you desire. The selection process will vary according to the number of applicants and vacancies, and may not include interviews with all candidates. Thank you for your interest in serving on an advisory board for the City of Rochester. Date: I0-.4 7-O b �k IofI Address t Cl i Zip Code Phone (H) Q�.O= J L-33 ? g) (FAX) E- J How long have you been a resident of Rochester? Are you or any of your family members presently employed by the City of Rochester or serving on any of the City's advisory boards? Yes_ No _X If yes, explain: EXPERIENCE AND EDUCATION Name of Employer: Z812J Occupation: Education: 12/26/05 3:07 PM QN171+7 rDAM4, M&A 0T1o�5: Please list major responsibilities that you have had or currently have in a community Droiect or oraanization or in your occupation, _ e% _ _ _ , _ , N�,G�7 viV/�n>nloc�rt�c VG 12/26/05 3:13 PM ADDITIONAL INFORMATION Please indicate why you are interested in being appointed to an advisory board, and why you feel you are qualified to serve on the advisory board(s) previ sly indicated. What do you believe you could contribute if appointed to an advisory board? L?F-A A0 r9 71i4 d T6 E W-S-S How do you believe you would benefit if appointed to a Board or Commission? 1 am NOT available for Board/Commission meetings on the following evenings (circle): Monday Tuesday Wednesday Thursday Friday CONFLICT OF INTEREST Conflict of interest may arise by the participation in any activity, recommended action, or decision from which you receive or could potentially receive direct or indirect personal financial gain, or other personal interest. A conflict of interest may also occur if you hold a private or other public position in addition to your City advisory board which may interfere with your discharge of your City responsibilities. In accordance with these definitions, do you have any legal or equitable interest in any business, however organized, which in the course of your participation in a City advisory board, could give rise to a conflict of interest? Yes_ No X If yes, please provide details on a separate sheet of Paper. Do you own any real property located in Rochester, other than your residence, in which you have a legal or equitable interest which, in the course of your participation in a City advisory board, could give rise to a conflict of interest? hh f Yes _ No X If yes, please provide details on a separate sheet of Paper. As a Board, Commission or Committee member, what issue(s) might cause conflict between av responsibility and personal/professional interests? MO As required by City ordinance, If appointed to a City advisory board, you must complete a disclosure statement and file it with the City Clerk. You may attach a resume if you desire. The selection process will vary according to the number of applicants and vacancies, and may not include interviews with all candidates. Thank you for your interest in serving on an advisory board for the City of Rochester. 46 L&'122� Date:%'� ©©�o Signature REQUEST FOR COUNCIL ACTION r i MEETING DATE: 11/20/06 AGENDA SECTION: Organizational Business ORIGINATING DEPT: Mayor's Office O. ERE ITEM DESCRIPTION: Appointment to Library Board Brede I hereby submit for your approval the following appointment: Lisa Lundquist 3057 Rose Heights DR SE Ms. Lundquist will fill the expired term of David Nelson. Her term will expire January 2010. Untitled Page 1. ��` 4vn/ a 914 Page 1 of 2 Application For: Lisa" Print I Close Window Board, Committe, Commission Selections Board, Committee, or Commission Applying For Personal Information Name Ward Address Zip Home Phone Business Phone Fax Email How long have you been a resident of Rochester? Are you or any of your family members presently employed by the City of Rochester or serving on any of the City's advisory boards? Experience and Education Name of Employer Occupation Education Community Services/Activities K . Library Board Lisa Ward 4 3057 Rose Heights Dr. SE 55904 507-529-0272 507-288-4703 x / 1 S 507-2887702 Ilundquist@rivertrails.org 1.5 Girl Scout Council of River Trails Volunteer Services Manager BA, Magna Cum Laude Concordia College, Moorhead MN I have been a volunteer on the Friends of the Library board in several cities: Jefferson City, MO (vice president, and chair of book sale for 4 years); Springfield, IL (board member, vol. coordinator for book sale for 4 years), Austin, MN (president of Friends, 1 year. Stepped down to move to Rochester). Please list any major responsibilities that you had or currently have I was a Big Sister for 7 years in Springfield, IL in a community project or organization or in your occupation Civic/Professsional Organization Memberships Additional Information I am a member of AAUW. T�Pfailc.asnx?annid=dc4ba68... 10/2512006 Page 2 of 2 Untitled Page DI-ase indicate why you are interested in being appointed to an I am very interested in libraries, and believe visory board, and why you feel you are qualified to serve on the passionately in their mission. I am a big reader, auvisory board(s) previously indicated and I write book reviews for Mystery News, a nation-wide, award -winning publication published in Chicago. What do you believe you could contribute if appointed to an advisory board? I am not available for Board/Commission meetings on the following evenings: Conflict of Interest Conflict of interest may arise by the participation in any activity, recommended action, or decision from which you receive or could potentially receive direct or indirect personal financial gain, or other personal interest. A conflict of interest may also occur if you hold a private or other public position in addition to your City advisory board which may interfere with your discharge of your City responsibilities. In accordance with these definitions, do you have any legal or equitable interest in any business, however organized, which in the course of your participation in a City advisory board, could give rise to a conflict of interest? A different point of view, a passion and a committment to the library board. As a Board, Commission, or Committee member, what issue(s) Perhaps an issue arrising with girls, as I work .ght cause conflict between civic responsibility and with the Girl Scouts, but one of our big tenets F rsonal/professional beliefs is literacy, and I see my serving on the Library Board as a compliment to my profession, rather than a conflict. p 2005 City of Rochester, Minnesota ti ._____... 10/25/2006 REQUEST FOR COUNCIL ACTION MEETING DATE: 11/20/063 � CONSENT AGENDA ADMINISTRATION A DESCRIPTION: MILEAGE REIMBURSEMENT RATES FOR 2007 D- S.KVENVOLD The IRS has announced that the standard mileage reimbursement rate for 2007 will be 48.5 cents per mile, increasing from the 44.5 cents per mile reimbursement rate established for 2006. Using the same IRS reimbursement rate to adjust the Mayor/Council's monthly mileage reimbursement rates, the Mayor/Council's 2007 mileage reimbursement rates should be: Current 7.8% Increase Cost of Increase Mayor $190/month $205/month $180/year Council President $166/month $179/month $156/year Council Members $148/month $159/month $132/year ea. or $792 total COUNCIL ACTION REQUESTED: Request a motion establishing the Mayor/Council's 2007 monthly mileage reimbursement rates as indicated above and establishing the 2007 mileage reimbursement rate for the City organization at 48.5 cents per mile, effective January 1, 2007. ,OUNCIL ACTION: Motion by: Seed by: to: rage 1 01 1 ,11� Kvenvold, Steve From: Gilsrud, Linda Sent: Thursday, November 02, 2006 12:53 PM To: Kvenvold, Steve; Martinson, Dale; Atkinson, Bruce; Belter, Cheryl subject: FW: From APA - 2007 Standard Business Mileage Rate Announced From: APA_Membership@americanpayroll.org [mailto:APA_Membership@americanpayroll.orgj Sent: Thursday, November 02, 2006 11:52 AM To: Fox, Connie Subject: From APA - 2007 Standard Business Mileage Rate Announced AMERICAN PAYROLL ASSOCIATION Compliance Update IRS Increases Business Mileage Rate to 48.5 Cents for 2007 The IRS has announced that the standard business mileage rate for transportation expenses paid or incurred beginning January 1, 2007, will be 48.5 cents per mile, up from the 44.5 cents per mile rate in effect during 2006. The mileage rate may be used to compute the deductible cost of operating a passenger car for business purposes. It may also be used by employers that elect to use the "cents -per -mile" valuation method for purposes of determining the amount that needs to be imputed to an employee's income for personal use of certain company -owned or leased nonluxury vehicles (see The Payroll Source®, pp. 3-20 and 3-21). In addition, the 2007 standard mileage rate for operating a passenger car for charitable purposes will stay at 14 cents per mile. Special rates in connection with miles driven in service of charities providing Hurricane Katrina relief under the Katrina Emergency Tax Relief Act of 2005 expire at the end of 2006. Finally, the 2007 standard rate for miles driven for medical or moving purposes will increase to 20 cents per mile, up from the 18 cents per mile rate in effect in 2006 [Rev. Proc. 2006-49, released 11-1-061. Invest in your professional development with APA's online bookstore. Shop APA's professional development online bookstore for significant discounts on books, audiotapes, and videos. http://www.a-m,ericanpayroll.org/bookstore.html 11/2/2006 REQUEST FOR COUNCIL ACTION MEETING DATE: 11/20/0 CONSENT CITY ADMINISTRATOR i t EM DESCRIPTION: EASTWOOD - $75,000 TRANSFER FROM FUTURE CONSTRUCTION ACCOUNT G. NEUMANN In 2005, a Development Agreement/Land Swap Agreement (DA/LSA) was entered into between the City and Platinum Development and was approved by the Council on 7/18/05. Under terms of that agreement, the Developer agreed to transfer lands with the new golf course improvements constructed thereon at a cost in excess of $3.0 million by the Developer to the City for the sum of $1,575,000, and the developer also agreed to construct the collector roadway serving this area at a 100% developer cost. The City, County, and Developer shared in the Highway 14 and East Circle Drive intersection costs, but the collector roadway was a 100% developer's cost. The City intemally borrowed for this $1,575,000 amount and $1,500,000 of that borrowing will be covered by $1,500,000 in payments being made with interest by Olmsted County in conjunction with the transfer of roadways Eastwood Road and 40"' Ave. to the City. However, there remains a funding gap of $75,000 ($1,575,000 minus the $1,500,000) for this project which we had planned to fund from the future construction account balance. The financial aspects of the project were spelled out in the attachments to the 7/18/05 RCA. This office is recommending approval of a transfer of $75,000 from the existing balance in the future construction account for this project. During the construction of this project, city staff and the Developer agreed to have the City responsible for the lighted ski trail reconstruction, for the purchase and installation of the accessories (tee markers, benches, ball washers, flags, etc) for the new nine and some lesser improvements instead of the developer that were included in the agreement. The City had a greater understanding and interest in what was needed for those improvements. This resulted in a reduction of the City's payment to the developer under the DA/LSA from $1,575,000 to $1,505,000. However, those costs will still be incurred by the Park Dept so $70,000 of the $75,000 transfer from the future construction account will be provided to the Park and Rec. Department for those expenses. Council Action Requested: 1. Transfer $75,000 from the future construction account balance to the Eastwood account. 2. Reduce payment to the Developer under the DA/LSA from $1,575,000 to $1,505,000. 3. Transfer $70,000 to the Park Department (J2994) for the above mentioned Eastwood improvements. COUNCIL ACTION: Motion by: second by: to REQUEST FOR COUNCIL ACTION MEETING DATE: 11/20/06 A SECTION: Consent Agenda (J 1945) City Administration idio Visual Improvements to Council Chambers / Board Room Bids were received and opened after 11:00 A.M., November 9, 2006 for the following project. Proiect: City Project No. J1945 Phase I of the audio visual improvements to the Chambers: • Upgrade of audio / video recording equipment to digital recording equipment • Upgrade the Chambers sound amplification system (microphones and speakers) PREPARED T. Snaetls- The project is to be funded from Cable Franchise fee revenues and capital improvements funds from both the City and Ohnsted County. The following bids were received: Total Bid 1. Custom Alarm / Communications $123,311 2. DASCOM $147,595 Consultant's Estimate $174,630 Project Recommendation: City Administration recommends the City Council proceed with an award to the low bidder. Council Action Requested: Adopt a resolution awarding the contract (J1945) AN Improvements to Council Chambers / Board Room to Custom Alarm & Communications. :OUNCIL ACTION: Motion by: second by to: REQUEST FOR COUNCIL ACTION MEETING 3� / DATE: 11/20/1 AGENDA SECTIi Consent ORIGINATING DEPT: Rochester International Airport I' D ITEM DESCRIPTION: Professional Services Agreement with ACSG, Inc. for air service PREPARED BY: development. Steven W. Legve The Rochester Airport Commission recommends and requests Council authorization to: Enter into a Professional Services Agreement with ASCG, Inc. for air service development and analysis services for the Rochester International Airport. State Agreement #86581 Funding: 70% State (Air Service Promotion Grant) 30% Local COUNCIL ACT10N REQUESTED: Resolution authorizing the Mayor and the City Clerk execute the Professional Services Agreement with ACSG, Inc. COUNCIL ACTION: Motion by: second by: to: 1f07/2006 13:51 7195704693 BILL CONNOR PACE. 01/04. Noyembdr 7, 2006 W. Steven Leave. AirportManager Rocbester intornational Airport Helgerson Dfive Southwest Rochester, lviN 55902 Rc: Air SeMoe Development , Pbehester' lnternational. Airport RochGst .4nnesota ACS.d Inc, andovisubcbnsuhent,Meohiib-&-Betts,Inc..ispleasadtopresentsproposalfort"�tsional krviaes. This proposal -will ,define our scope of work and ptovidd you witlt an estimated cost. for the . project semoes requested. Thank you f+or cch' 61&ring:,4CSGr , . Proiect Inforniatioa' Th6 Rochesrer3rtternan(jhal Airpoitis cunreirtly developmg strategies to expand air service. The Boyd Gr tip is•under:conttact todevelops forecast, and market opportunity presentation that the airport can use to contact potential ailing. To facithate these efforts, the Airport needs additional professional: services in Rochester to. coordinate tneetingg and update coniintu ty information an¢;statistics. .,jone `of .Services - ACSG, I$c: " ACSG's role'in this project.vdll consist of a support'oapacity as requested in' directeA by the Rochester Intcmational'Airpor . Assigne3 tasks will "aie om iih6d by 13ill Connor,, Vlcd Presidei t and Senior Consultant for AC' 9, at 4mate of S 144:00 per hour plus• authorized ` •. ... .expenses. . ' ACSG, vvlll ineur.no costs without the express approval of rile Airport Manager. ACSG will, respond to all regnests for services in tM most thVelyand professionalmanner: ScooeofBerafeia-1VIcGNie Betts',fna 1. l Jpdate eoiriimmity statistics to available 2005, projections: Update community€ori inniitioe. available troin business leaders to` illustrate business oppbrtunitiei,ift, the 1 06hestet area 3.. ' . Coordinate. and attend g tneeling with iJslayb Medical Canbmpersonncl regarding travel and budget levels for calendaryeats 20t16 and 200.7. 4193 Vcrnal.Circle. Colorado' Springs, CO 80916 (719) 570--4690 11/07/2006 13:51 7195704693 BILL COWOR PAGE 02/04 5q 4. Develop contacts for the Rochester business sector that will impact air service. 5. Coordinate and attend a meetings) with the Rochester Chamber of Commerce and the Rochester Area Economic Development Corporation to present and coordinate efforts from the Boyd Group. 6. When requested, travel and attend scheduled meetings with potential air lines to expand air service in Rochester. Fees Fees for these services will be charged on an hourly basis with a not to exceed, lump sum cost of. $5,280.00. For the work outlined, we estimate the following fees: Update statistics Update community information Mayo travel meeting Rochester business contacts Coordination meeting When requested: Meeting attendance/travel Expenses (estimated) Senior Engineer 20 hr @ $132.00/hr = $2,640,00 Senior Engineer 6 hr @ $132.00/hr = $ 792.00 Senior Engineer 4 hr @ $132.00/hr = $ 528.00 Senior Engineer 4 hr @ $132.00/hr = $ 528.00 Senior Engineer 6 hr @ $132.00/hr = $ 792.00 Senior Engineer 10 hr @ $132.00/hr = $1,320.00 700.00 The above estimate represents an hourly estimate. This proposal represents a not to exceed, lump sum cost proposal. Should the scope of work change in nature or be expanded to include additional services, we reserve the right to renegotiate the fees with you. invoicing will be monthly in accordance with our Schedule of Hourly Rates and Charges and payment for services shall be made every thirty (30) days as charges are incurred and billed. A finance charge at the rate of 1-1/2% per month on the unpaid balance shall be charged on all accounts over 30 days past the statement date. Sehedule We anticipate the additional services to facilitate air service efforts by the Boyd Group to occur in the next 45 days. Travel and attendance will be as requested by the airport. 11;07/2006 13:51 7195784693 SILL COINOR PAGE 03/04 P / Acceptance Please indicate your acceptance of this proposal by endorsing a copy of this proposal and returning it to us. Please retain the original for your records. I have attached a copy of the proposed Air Carrier meeting schedule, as well as, estimated costs as provided by Rochester International Airport. ACSG, Inc. and McGhie and Betts, Inc. look forward to this new opportunity to serve your airport. Very truly yours, William M. Connor, A.A_E. Vice President Accepted by: City of Rochester, Rochester International Airport Authorized Signature Typed Name & Title Date REQUEST FOR COUNCIL ACTION MEETING 41 DATE: 11/20/06 CONSENT AGENDA ITEM DESCRIPTION: LICENSES, BONDS & CITY CLERK CITY ACTIVITIES ITEM NO. C)-lj 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. SINGLE GAMBLING Rocky Mountain Elk Foundation 11300 County Road 116 Altura, MN 55910 Held at the Radisson Plaza Hotel COUNCIL ACTION REQUESTED 03/17/07 A motion to approve the above licenses, bonds, and miscellaneous city activities. COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION Consent Agenda ITEM DESCRIPTION: Transfer of Location - On -Sale Club Fraternal Order of Eagles 42228 City Clerk License - MEETING DATE: 11/20/06 ITEM NO. D- l a -- Judy Scherr The Fraternal Order of Eagles #2228, now located at 409 First Avenue S.W., is requesting transfer of their On -Sale Club Intoxicating and Sunday Liquor licenses to their new location at 917 15'b Avenue S.E. (currently the Elks Lodge). The Eagles are planning on opening for business at the new location on December 27, 2006. Approval of the liquor license is contingent upon receipt of the required insurance certificates and departmental approvals. The Elks Lodge is currently looking at properties to build on or buildings to lease and will be requesting transfer of their liquor license at the appropriate time. COUNCIL ACTION REQUESTED A motion to approve the transfer of the On -Sale Club Intoxicating and Sunday Liquor licenses for the Fraternal Order of Eagles #2228 from 409 First Avenue S.W. to the new location at 917 15a' Avenue S.E., contingent upon receipt of the required insurance certificates and departmental approvals. COUNCIL ACTION: Motion by. Second by. to: REQUEST FOR COUNCIL ACTION MEETING !/� �(• DATE: Consent Agenda City Clerk ITEM NO. ITEM DESCRIPTION: Approval of Substantial Land Alteration and Design Modification #03- PREPAREu 12 for Land Subdiviiion Permit #03-19 by Badger Hills LLC I Judy Scherr At the August 18, 2003, Council meeting action was taken to approve Land Subdivision Permit (Preliminary Plat) #03-19 by Badger Hills LLC to be known as Badger Hills Subdivision.. The hearing was also to request approve of a Substantial Land Alteration and Design Modification #03-19 for the Subdivision. The minutes reflect only the approval of the Land Subdivision Permit and don't reflect the Council's action on either the Substantial Land Alteration and/or the Design Modification. There is some confusion on whether the Council intended to take action on them. Copies of the August 4 and 18, 2003, RCAs are attached for information. The August 4tb minutes reflect action that the applicant was to apply for the Design Modification to the GDP with waiver of the application fee. The August 14 Planning Staff Report recommends that the design modification should only be for Lots 7 & 8, Block 15 and Lots 19 & 20, Block 11. Lots 9 & 10, Block 11 remained a condition of approval for the final plat as a mid -block connection. COUNCIL ACTION REQUESTED A motion adopting the prepared resolution approving the Substantial Land Alteration and a approving Design Modification #03-19 for Lots 7 & 8, Block 15 and Lots 19 & 20, Block 11 for the Badger Hills Subdivision. COUNCIL ACTION: Motion by Second to: BY: 02 ma Regular Adjourned Meeting No. 20 — August 18, 2003 music became too loud and complaints were received, the Police Department could either ask the applicant to lower the sound or could stop the music from continuing. Councilmember Marcoux asked about the Rochester Track Race and the use of markers on the sidewalk. City Clerk Scherr answered the Police Department and Park Department have stated that markers, including the washable type, do not remove even after several rains, and both departments have encouraged the use of colored tape or stick signs along the route. Councilmember Stobaugh also pointed out that the event at the skateboard park in East Silver Lake scheduled for September 6, 2003, is on a trial -only basis. Councilmembers Marcoux moved, McConnell seconded, to approve the following licenses and miscellaneous activities. Ayes (6), Nays (0). Motion carried. Gambling Beighley Cup — Raffle at Kahler Grand Hotel — October 10 to October 12, 2003. Sound Amolification Permit Gimme Mc Records — Picnic with Disc Jockey — East Park — August 22, 2003, 6:00 to 11:00 PM. SE Mn Alliance of Peacemakers — Teach In at Peace Plaza — August 15, 2003, 6:30 to 9:30 PM (prior approval: Hanson, Marcoux, McConnell, Nowicki). Rochester Track Club — Holiday Inn Half Marathon — Band at Bear Creek & Mayo Civic Center - August 23, 2003. Christ Community Church — Crossroads Party — 7:00 to 11:00 PM — September 13, 2003. Board to Death Sports — Skateboard Contest — Rochester Outdoor Skate Park — Silver Lake —11:00 AM to 6:00 PM — September 6, 2003. Century High School — Homecoming Parade — 4:00 to 5:00 PM — October 10, 2003. Miscellaneous Rochester Track Club — Holiday Inn Half Marathon — Band at Bear Creek & Mayo Civic Center - August 23, 2003. Jennifer Behnken — 4400 Block Party on Manor Drive N.W. — 4:00 PM to Midnight — August 23, 2003. Century High School — Homecoming Parade — 4:00 to 5:00 PM — October 10, 2003. Professional AIDS Network Fundraiser Walk — West Silver Lake Park - September 20, 2003. Tom Evans — 725 Seventh Street SW — Block Party —12 Noon to 8:00 PM E-1 A Continued Hearing on Land Subdivision Permit (Preliminary Plat) #03-19 by Badger Hills LLC to be known as Badger Hills Subdivision, requesting approval of a Substantial Land Alteration, and Design Modification #03-12 to the requirements of Chapter 64 of the Rochester Zoning Ordinance and Land Development Manual on 41 Regular Adjourned Meeting No. 20 — August 18, 2003 property is located along the north side of Valley High Road NW, west of West Circle Drive and east of 50t' Ave. NW. Wishing to be heard was Mac Hamilton, representing Badger Development. He noted that all concerns had been worked out with the City staff and that they were in approval of the 13 conditions as amended. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Marcoux seconded, to approve Land Subdivision Permit (Preliminary Plat) #03-19 by Badger Hills LLC to be known as Badger Hills Subdivision with 13 conditions and instructed the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. E-2 A Continued Hearing on Vacation Petition #03-05 by Mark E. Jones to vacate a portion of the 40-foot drainage and utility easement located at 2943 Rosemary Lane N.E. Having no one wishing to be heard, President Hunziker closed the hearing. City Attorney Terry Adkins noted that the person who testified at the last Council meeting was not the applicant; the correct applicant has been identified on the petition. Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No. 448-03 approving Vacation Petition #03-05 by Mark E. Jones with one condition. Ayes (6), Nays (0). Motion carried. E-3 A Hearing on Land Use Plan Amendment Petition #02-03 by West 80 Development LLC to amend the Land Use Plan designation from "Low Density Residential" to "Commercial" located north of 48'" St. SW, west of TH 63 South and east of 11'" Ave. SW. Wishing to be heard was Wade Neubauer, Yaggy Colby Associates, representing the applicant. He noted that the nine conditions were acceptable. Wishing to be heard was Nora Dooley, 5497 Leslie Lane S.W., a resident of the Southern Hills area. Ms. Dooley was very concerned with the potential destruction of the wetlands, the removal of the bluff and that wildlife would be affected by the construction. Richard Freese, Public Works Director, told the Council that the wetlands to the west of the property in discussion have been purchased by MnDot to preserve and enhance the wetlands in that area. Wishing to be heard was Wade Neubauer, Yaggy-Colby Associates. Mr. Neubauer stated that there is another small wetland on the property in the northeast corner. The wetland will be replaced on a 2-to-1 basis and one of the two required drainage Regular Meeting No. 18 — August 4, 2003 E-3 A Continued Hearing on General Development Plan #206 by Morris Memorial LLC and Allen Koenig to be known as Morris Meadows on property located along the west side of TH 63, east of East River road NE and north of 41" Street NE. See Item E-1 for continuing action. E-4 A Hearing on Proposed Special District for Pebble Creek/SD #14 by Western Walls, Inc., located west of 60t" Ave. NW, south of the 55'h Street alignment. Councilmembers McConnell moved, Nowicki seconded, to continue Proposed Special District for Pebble Creek/SD #14 by Western Walls, Inc., and General Development Plan #209 by Western Walls to be known as Pebble Creek to September 15, 2003. Ayes (5), Nays (0). Motion carried. E-5 A Hearing on General Development Plan #209 by Western Walls to be known as Pebble Creek located west of 60th Ave. NW, north of Valleyhigh Road, east of County Road 3, and south of the 55th Street NW alignment. See Item E-4 for continuing action. E-6 A Hearing on a to consider Authorizing the Sale and Issuance of Housing Health Care Revenue Bonds, on behalf of Samaritan Bethany, Inc. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Means seconded to adopt Resolution No. 416-03 approving the Issuance of Revenue Bonds on behalf of Samaritan Bethany, Inc. Ayes (5), Nays (0). Motion carried. E-7 A Hearing on Land Subdivision Permit (Preliminary Plat) #03-19 by Badger Hills LLC to be known as Badger Hills Subdivision located along the north side of Valley High Road NW, west of West Circle Drive and east of 50`h Ave. NW. Wishing to be heard was Mac Hamilton, Chief Manager, Badger Hills LLC. He stated he has been working with city staff for three years on this project and was in disagreement with the following conditions. Mr. Hamilton stated Item 1d, e, and g in regards to easements and mid -block connections. For Item 2, he would like the record to reflect the additional parkland dedication as 5.5 acres. He stated for Item 5 that the roadways are 28' wide and will allow parking on both sides. In Item 8, he stated Richard Freese and he had come to an agreement to strike the last line of this condition. (after public infrastructure). Item 11 referring to pedestrian facilities was not agreed upon earlier to have paths on both sides of Valleyhigh Road and Item 12 has already been intended to dedicated Outiots D & E to the city. Phil Wheeler, Planning Director, explained that a Design Modification needs to be applied for because of the change requested to the General Development Plan. He also explained the staffs reasoning behind having a bike path on the south side of 415t Street to help keep people from crossing midblock to get to the north path. 44Q 41 Regular Meeting No. 18 — August 4, 2003 Brent Svenby, Planning Department, addressed the mid -block connections stating they were included in the General Development Plan in 2002. Wishing to be heard was Bill Anderson, Yaggy Colby, representing the applicant, stated the mid -block connections being requested by staff were not the same connections that were on the approved GDP. He explained the topography for these changes would not work as requested. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, McConnell seconded to continue Land Subdivision Permit #03-19 by Badger Hills LLC to August 18, 2003 and requested the applicant to apply for a Design Modification to the GDP with the application fee to be waived. Ayes, (5), Nays (0). Motion carried. E-8 A Hearing on Final Plat #02-58 by BBB Development, LLC to be known as Ridgeview Manor Third located along the south side of 65"' Street NW, west of 50'h Avenue NW and west of Ridgeview Manor 2nd Subdivision. Wishing to be heard was Ward Opitz from Bigelow Enterprises representing the developer. He stated they were in agreement with the conditions and was available for any questions. Wishing to be heard was Greg Kerwin, 6405 50'" Ave. NW. Mr. Kerwin asked when the next portion of property would be developed. Mr. Opitz stated that it hasn't been determined at this time. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, Nowicki seconded to adopt Resolution No. 417- 03 approving Final Plat #02-58 by BBB Development, LLC, to be known as Ridgeview, Manor Third with five conditions. Ayes (5), Nays (0). Motion carried. E-9 A Hearing on Final Plat #02-64 by Joel Bigelow & Sons Enterprises, Inc. to be known as Kingsbury Hills Fourth Subdivision located east of 60"' Avenue NW and south of 55d' Street NW. Wishing to be heard was Ward Opitz from Bigelow & Sons Enterprises representing the developer. He stated they were in agreement with the conditions and was available for any questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hanson moved, McConnell seconded to adopt Resolution No. 417A-03 approving Final Plat #02-64 by Joel Bigelow & Sons Enterprises, Inc. to be known as Kingsbury Hills Fourth Subdivision with four conditions. Ayes (5), Nays (0). Motion carried. REQUEST FOR COUNCIL ACTION �a'�o X MEETING DATE: 08-18-03 AGENDA PUBLIC HEARINGS — Continued Item PL.IA.NTNNNG DEPT: ITEM NOi / ITEM DESCRIPTION; Land Subdivision Permit (Preliminary Plat) #03-19 by Badger Hills LLC to be known as PREPARti) kSY: Badger Hills Subdivision. The Plat proposes to subdivide 79.50 acres of land into 171 lots for residential Theresa Fogarty, development and 5 oubots. The plat also proposes right-of-way dedication for public roadways. The applicant is Planner also requesting approval of a Substantial Land Atteration to permit site grading that will modify grades by more than 10 feet on portions of the property. The applicant is also requesting Design Modification #03.12 to the requirements of Chapter 64 of the Rochester Zonino Ordinance and Land Development Manual to not provide mid -block pedestrian connections and the pedestrian facilities on both sides of the proposed 41 B1 Street NW as required in Section 64.227. The property is located along the north side of Valley High Road NW, west of West Circle Drive and east of 50� Ave. NW. August 14, 2003 Note: This preliminary plat was continued at the last meeting to allow the applicant to work with staff on issues on the plat. Staff has met with the applicant and the three issues have been resolved. In summary the applicant will pay at least 60% of the charges for the cost to extend sanitary sewer to the property. The money paid will credited against the SAC charges owed for the development of the project. Mid -block pedestrian connection and a sidewalk along the south side of 41 at Street NW was another issue raised by the applicant. The applicant has agreed to provide a mid -block connection in the vicinity of Lots 9 and 1 D, Block 11. The other two connections revised will not be feasible because of a difference in grades. The City will construct the sidewalk along the south side of 41 s' Street NW in exchange for the applicant dedicating additional right of way above and beyond his 80.00 feet dedication requirement. This dedication includes Outlots D & E as well as 20 additional feet of right-of-way of 415' Street NW along the south side of Lot 1, Block 12 and Lot 21, Block 14. Recommended revisions are shown as strikeout -tears for text to be deleted and text to be added is shown as underlined text. City Planning and Zoning Commission Recommendation • The City Planning and Zoning Commission held a public hearing on July 9, 2003 to consider this preliminary plat. Mr. Mac Hamilton, Chief Manager of Badger Hills LLC, addressed the Commission. He stated that he agree with most of the conditions but had comments on conditions #1 (e), #5, #6 and # 11. Mr. Hamilton also asked the Commission to give consideration with the mid -block connections that lead people directly to and from the neighborhood park, to be considered as parkland. The Planning Commission found that this preliminary plat will conform with the applicable crtteria with the following conditions or modifications: 1. The Piat shall be revised. a. Adding the directionat'of NW to 41 Street so it reads "41 Street NW". b. Coordinating with the Planning Department — GIs Division, numbering or naming all other roadways within this plat. c. The location map on the face of the plat shall be changed to Cascade Township coordinates T107N. Currently location map indicates Rochester Township coordinates T106N. d. Providing an addWona! utility easement along the south lot lines of Lot 1, Block 1 and Lot 1, Block 2, as requested by Rochester Public Utility Water Division Memorandum, dated June 18, 2003 and Operations Division Memorandum, dated June 17, 2003. e. Dedicating a 30' wide outlot mid -block connection in the vicinity of Lots 9 & 10 and Lots 19 and2O.of Block 11. COUNCIL ACTION: Motion by: Second by to: RCA #03-19 Preliminary Plat - Badger Hills Subdivision 8/14/2003 f. Indicating controlled access along the entire frontage of Valleyhigh Drive NW, with the exception of any approved street accesses. Additional controlled access is required within 250 feet of the right-of- way intersection of Valleyhigh Road NW and Avenue "A" and along the entire frontage of 41 Street NW. h. Dedicate Outlots D & E and 20 additional feet of right-of-way for 41"Street NW along the south side of Lot 1, Block 12 and Lot 21, Block 14 2. Dedication of parkland and cash with payments shall be handled in the form outlined in the June 26, 2003 Memorandum from the Rochester Park and Recreation Department. The parkland dedication for Block 1, Lot 1 and Block 2, Lot 2 shall be calculated when the site plans and number of dwelling units are known. 3. The applicant shall dedicate Outlot "A" to the City when graded and turf is established and when the site is accessed via public street. 4. Upon request by the City, the applicant shall dedicate all 30' wide mid-biock pedestrian connection outlots to the City and the owner shall be obligated to grade and construct a 10' wide bituminous pedestrian path for the connection, prior to dedication to the City. S. The roadways leading to the cul-de-sacs appear to be less than 28 feet and shall be posted "No Parking" along both sides of the roadway. 28' wide roads allow for parking on one side only. The cut -de -sacs appear to be less than 96 feet in diameter and shall be posted "No Parking". In addition, "No Parking" shall be allowed on either side of 410 Street NW and on Avenue A'; within 200 feet of the Valleyhigh Road NW right-of-way. 6. Development of this plat will be limited to 1200 daily trips until a second access is provided to this property. The phasing of final plats maybe required to limit the number of lots being established, prior to construction of the second access. 7. The applicant is responsible for identifying wetlands on the property and submitting the information. The applicant is also responsible for completing and providing to the Planning Department, a Wetland Delineation. Any filling of wind shall require an Alternatives Analysis and Replacement Plan. 8. Prior to Final Plat submittal, the applicant shall enter into a Development Agreement with the City that outlines the obligations of the applicant relating to, but not limited to, substandard street reconstruction charges & Traffic Improvement District charges, stormwater management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, access and extension of utilities for adjacent property, and contributions for public infrastructure, Including the applicants up front contribution required for the extension of the J7710 Sanitary Sewer & Watermain project to serve this property. 9. Phasing for development of the northerly portion of this plat with gravity flow sanitary sewer will be dependent on extension of services through the currently undeveloped property east of this plat, or will require a private lift station. A feasibility report has been requested and is being prepared by Public Works for the proposed J7710 Project. 10. Grading and Drainage Plan approval is required prior to submitting the final plat. A Stormwater Management Fee shall apply to any areas of this proposed development that do not drain into the existing on -site detention facilities in Badger Ridge. 11. Pedestrian facilities shall be required along both sides of all new public roadways within this property, as well as, along the entire northerly frontage of Valleyhigh Road NW. A bituminous pedestrian path shall be required along the 41't Street extension, Valleyhigh Road and all park access points including the mid- ,.._ l � 1 . Ownership and Maintenance of Outlots "D" and "F" shall be addressed prior to Final Plat approval. 13. The applicant shall provide surety that guarantees the site will be fully restored after the completion of thi excavation activity. Said surety must be provided prior to commencement of grading activities on the property. Mr. Quinn moved to recommend approval of Land Subdivision Permit (Preliminary Plat) #03.19 by Badger Hills LLC to be known as Badger Hills Subdivision with staff -recommended findings and conditions as revised by Ms. Baker and also changing condition number 5 to indicate that it would be a 28 foot roadway with parking on one side. Mr. Haeussinger seconded the motion. The motion carried 8-0. Mr. Quinn moved to recommend approval of the Substantial Land Alteration based on the staff - recommended findings. Ms. Petersson seconded the motion. The motion carried 8-0. Planning Department Recommendation: See attached staff report, dated July 2, 2D03. Attachments: 1. Preliminary Plat Staff report, dated July 2, 2D03. 2. Minutes of the July 9, 2003 CPZC Meeting. 3. Memorandum from Rochester Park & Recreation, dated July 15, 2003. 4. Memorandum from Planning Department, Phil Wheeler, dated July 30, 2003. 5. Design Modification Addendum Staff report, dated August 14, 2003. Distribution: nl 1. City Administrator 2. City Attorney 3. Planning Department File 4. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, August 18, 2003 in the Council Chambers at the Rochester I Olmsted County Government Center. 5. Yaggy Colby Associates 0z 2 11 -....!| ;;:;;| ,;; |§|||! 1--m � ..... .................�.... _| ||I$ g1 |* ill - - ,..,.�,.:,•,.! 0 ` ^ ||§2\ . |||�\@ BADGER wESE SUBDIVISION,= 7 ( ._ �_. . .! %y :] -2 ! 3 . $ . PRELIMINARYeLAT ! 0 � � 5 C orb n � 6 W ;12 5 T FI 1 r� I r ti pM ♦6f m 7 c� y% / 4 LJ ♦ FFAfI r ` / i \ `: \qi\ I EI BADGER HILLS SUBDIVISION[�sps3g p i ROCHESfER, MINNESOTAp4 i lmii PRELIMINARY PLAT 95E€y 5!( t FEB 1 8 20M 5 $ r !•,••ne'r'l,�lll� r t 1i I1 pfi r OIL Ill111 �l�\\\Pi h1I lIVV��11111111iV11{ !l \\\��lVl� 1plilflf r1 sev... . �j GDP #172 Verna Badoer Parcel/Badger Hills ED Reehesoer-arrQWd Planning Department 2122 Campus Drive SE - Suite 100 Rochester, MN 5590a47" (507) 285-9= Rochester Common Council approved GDP 9172. on March 4, 2002 subject to 9 conditionsimodifications. The Plan approved by Council was dated'REVtSED January 23, 2002. PiAgNING� ' pEp"M I F— I S The attached Plan dated REVISED February 18, 2003 is intended to address condition 47, regarding future alignment of the westward extension of W Street nt NW. Other modifications to roadway alignmes were also made. Road alignments will be formalized through the Platting process. Alignments identified BAIROCHI on adjacent properties are conceptual only, GOP #172 only includes the Verna — Badger Parcel/Badger Hills. CLAlC6el rl...�•. .� _. __ _ PA �Sh ►57��n IIEi 31?u.GP j PrePmna'ry Pl,a�jD3-19 Badcder-Hiffs,Subdivision 1.400'�-Notifreat on,`Distance 4 7103 61 ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 c u u N T. G f www.olmstedcounty.com/planning ADDENDUM TO: Rochester Common Council FROM: Theresa Fogarty, Planner DATE: August 14, 2003 RE: Preliminary Plat #03-19 — Badger Hills Subdivision y4ii��inPO i'vZiiI"!„Vi9C?il� A�+,',mil Request for Design Modification to the requirements of Chapter 64 of the Rochester Zoning Ordinance and Land Development Manual to not provide a mid -block connection as required in Section 64.227. Planning Department Review: ApplicanVOwner: SurveyorsfEngineers: Attachments: Design Modification., Badger Hills LLC Riverside Building, Suite 100 400 South Broadway Rochester, MN 55904 Yaggy Colby Associates 717 3 0 Avenue SE Rochester, MN 55904 Letter from Yaggy Colby, dated August 5, 2003. The applicant is requesting a design modification or waiver of public facility standards for a plat according to Section 60.424 (9) to the requirement of Chapter 64 (specifically 64.277) of the Rochester Zoning Ordinance and Land Development Manual. Section 64.277 requires mid -block connections across any block exceeding 800 feet in length. Section 64.277 Trail Thoroughfares and Sidewalks: Trail thoroughfares and sidewalks are a vital element of the City's transportation system providing access throughout the City for pedestrians and bicyclists, reducing traffic congestion, facilitating access to the transit system, and reducing emissions from automobiles. Unless otherwise exempted by these regulations, all new development shall provide sidewalk and trail thoroughfare improvements that are consistent with the City's adopted Thoroughfare and Sidewalk, Bike Path and Pedestrian Facilities Plan. BUILDING CODE 507/285-B345 • GISIADDRESSING/MAPPING 507/2B5.8232 A HOUSING/HRA 5071285-8224 PLANNING/ZONING 507/285-8232 • WELVBEPTIC 507f285-8345 FAX 507/287-2275 R(/AKI cn,inl noonxl lulrv/eFRFI 6TIVF 4CTInN F1.IPI f PP 4 l .- Page 2 Addendum Preliminary Plat #03-19 Badger Hills Subdivision August 14, 2003 A. In addition to trails designated in the City's adopted Plans, the City shall require dedication of trails needed to maintain connectivity between and through subdivisions under each of the following circumstances, except where unique topographical conditions made the trails unfeasible: 1. Across any block exceeding 800 feet in length; 2. Between lots on a cul-de-sac or dead end street that abut a collector or arterial road. No more than one trail shall be required per cul-de-sac; or 3. Across any block exceeding 600 feet in length which abuts a school or park site. The preliminary plat of "Badger Hills Subdivision" shows the length of Block 11 and 15 exceeding 800 feet in length, therefore a mid -block connection is required. The applicant's consultant has provided information requesting the design modification: Between Lots 7 & 8, Block 15. The rear elevation will be 20' — 30' below the proposed street to the north. The residential lots in the Alpha property will almost certainly be walkouts with a large grade difference from front to rear yards. 2. Lots 9 & 10, Block 11. The rear lots along this row of lots have a 4:1 slope, approximately 10'-12' high. The land use to the east will likely be commercial or industrial. 3. Lots 19 & 20, Block 11. These lots will be walkouts with 8'-10' of elevation difference from front to back. This mid -block connection may also encourage pedestrians to try to cross 41" Street from the bike trail north of 41" Street NW to get to the neighborhood park by way of the mid -block connection. Staff recommends that the Council approve the requested design modification for tots 7 & 8, Block 15 and Lots 19 & 20, Block 11and not require the mid -block connection as recommended in the staff report and not approve the request for design modification for Lots 9 & 10, Block 11, as recommended in the staff report, remaining a condition of approval for the final plat. ?Y FNBINFFI ARCHITECTS EVRVETURE August 5, 2003 Brent Svenby Ohnsted County Consolidated Planning 2122 SE Campus Drive Rochester, MN 55904 RE: Request for Design Modification LANDSCAPE ARCHITECTS Badger Ridge Second Subdivision PLANNERS Dear Brent: The owners of the proposed subdivision hereby request the approval of a Design Modification, Mid Block Walkway Requirement, for the following reasons: eocnEsrER oFFu • Between Lots 7 and 8. Block 15 (North Plat Limit) The rear lot elevation of Lots 7 717 Third Avenue and 8 will be 20'-30' below the proposed street to the north (labeled Fire Road on Rochester, MN 559 GDP). The residential lots in the Alpha property will almost certainly be walkout lots with a large grade difference from front to rear yards. 507-28e-64 • Lots 9 and 10 Block 11 (East Plat Limit) The rear lots along this row of lots will have a 4:1 slope approximately 10'-12' high. The land use to the east will likely be Fax 507-288-50 commercial or industrial. • Lots 19 and 20 Block 11 (Connection to 41" Street NW) These lots will be walkouts with 8'-10' of elevation difference from front to back. This mid block connection may also encourage pedestrians to try to cross 41s" Street from the bike trail north of 41 Ft Street NW to get to the neighborhood park by way of the mid block connection. We also request a design modification for the requirement to build a pedestrian facility on both sides of 41" Street NW. A 10' bike trail on a landscaped boulevard will be mPcvsrPAULOFFt constructed on the north side of 41" Street NW. The lots on the south side of 41" Street 651-681-9C NW will be walkouts with Street E 8'-12' higher than 41" Street NW. There will be a sidewalk on the south end pf-the lots along Street E. The north side of 41" Street NW was picked for the bike path to connect to the city property around the future pond area east of Badger Hills, and to utilize the waterway outlot on the north side of 41Et Street MASON cm OFFF NW for a bike path, boulevard, and landscaping opportunity. 641-424-63 Please call if you have any questions. Sincerely, DELARELD OFFI YAGGY COLBY ASSOCIATES 262-646-6E William S. Anderson, PE WSA:bsd YCA #7324 Equai OPporttnq Er^Plo�- O RI ROCHESTER - OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DRIVE SE, SUITE 100, ROCHESTER, MN, 55904-4744 PH: (507) 285-8232 FAX: (507) 287-2275 To: Theresa Fogarty, Planner C: Richard Freese, PE, Rochester Public Works Director From: Phil Wheeler, AICP, Planning Director Date: July 30, 2003 Re: Badger Hills Preliminary Plat #03-19 At the Planning and Zoning Commission meeting of July 9, in response to the issue you raised in your staff report of July 2 with regard to pedestrian facilities along 41*5' Street NW, the applicant (Mac Hamilton) reported that the draft Development Agreement for the property had waived the requirement for pedestrian facilities along the south side of 41 at Street NW. I have explored this issue with Richard Freese and confirmed that Public Works has negotiated with the applicant to eliminate this requirement in exchange for right of way dedication and the reservation of land along the south side of 41 a Street NW for future acquisition by the City. Public Works Director Richard Freese explained his reasoning for this based on projected traffic flows along 4151 Street warranting a design as a minor arterial. We would recommend requiring pedestrian facilities along all streeets in the neighborhood, including 410 Street NW. It is certain that 41 at Street NW will function as a collector or minor arterial, carrying significant amounts of traffic. In addition, 41 n Street provides access for this neighborhood to major employers in the vicinity, as well as commercial uses, neighborhood parks in Lincolnshire, and the Douglas Trail. It could serve as a significant corridor for pedestrian and bicycle travel between the neighborhoods west of Circle Drive and attractions on the east side. Requiring these movements to cross 41 r Street to get to a trail on the north side presents both a deterrent to such movements and a potential safety hazard. However, based on the precedent established with Spruce Meadows (where a sidewalk along an interior street was not required because the properties would be served by a pedestrian facility along 11'" Avenue SE), the Council has established a basis for waiving the requirement fpr a pedestrian facility. In my opinion, if the Council decides to proceed with waiving 00's"s requirement, the facility that should be eliminated is the sidewalk serving the north side of the interior street. That street will be a local or minor local street with minimal traffic conflicts for pedestrians. r / i ROCHESTER PARK AND RECREATION DEPARTMENT July 15, 2003 TO: Mitzi Baker, Planning Theresa Fogarty, Planning FROM: Denny Stotz RE: Badger Hills I understand the issue to be: "do mid -block connections qualify for parkland dedication credit"? No In the case of Badger Hills, the 30' accesses to the neighborhood park would certainly qualify. The four accesses are actually part of the outlot that will be dedicated and are not really mid -block connections. Nevertheless, they look like mid -block connections so I thought I'd address them. The issue of connections that are not direct and adjacent to the park connections has been raised by others in the past. In administering the dedication ordinance, the Park Department has taken the position that a trail or sidewalk corridor that provides direct connection to a neighborhood park should qualify for parkland dedication if the applicant installs the trail / sidewalk. The amount of credit is determined by the width and length of the actual trail installed. The corridor would be owned by the City and maintained by the Park Department. Authority for extending dedication credits for trail corridor connections to neighborhood parks was included in the 1999 amendment to parkland dedication requirements of the platting ordinance. If the trail or walk does not make a direct off -road connection to the park, then it should not qualify. In the Badger Hill scenario, the mid -block connections do not provide a direct connection... the connections terminate at a street and not at the neighborhood park. ff 201 FOURTH STREET SE ROOM 150 ROCHESTER MINNESOTA 55904-3769 TELE 507-261-6164 FAX 507-261-6165 DSTOTZ O CI.ROCHESTER.MN.US "t I� Page 15 City Planning and Zoning Commission Minutes Hearing Date: July 9.2003 Mr. Quinn questioned the need for condition number and 1 and 3. Ms. Baker ssSLed that condition number 1 could be stricken. recommend app Permit #03-35 by IVIRKLeitzen with the til below. Mr. Quinn seco d fhe.motion Tt CONDITIONS: 1. If fill material,'other than n proposed to be deposited Department with a copy of deposition of such materie this site, the applicant sha Agency with the Planniny+4 activity. 2. Access to this " pa' shall be flit the Grading n. There shall be nc XFInaial hauling associated v ty, in the amount ofgrading activities, for ier'operations."A befc ucted jointly with the`I PUBLIC HEARINGS: of a for s Ms. Mitzi A. Baker presented the staff report, dated July 2, 2003, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Ms. Baker asked that revised plans be submitted two weeks prior to the City Council meeting. Ms. Baker asked to add the following sentence to staff -recommended condition number 6: "The phasing of final plats may be required to limit the number of lots being established, prior to the construction of the second access.' She indicated that she was unsure if the applicant was intending to plat the entire property in one phase or several. Mr. Quinn asked if staff recommended approval of the substantial land alteration. Page 16 3f City Planning and Zoning Commission Minutes Hearing Date: July 9, 2003 Ms. Baker responded yes. She indicated that staff -recommended condition number 13 would reflect a requirement to provide a financial surety for restoration of the site. Discussion ensued regarding road widths and parking. Ms. Baker stated that, if the roadways are planned to be less than 28 feet, parking would not be allowed along the roadway. Ms. Petersson stated that, for the record, City Public Works should have a representative at the Commission's meetings. Chief manager of Badger Hills LLC, Mac Hamilton (400 South Broadway, Rochester MN), addressed the Commission. He stated that he agreed with most of the conditions but had comments on the following: Condition 1(e): They are attempting to work with a centralized park concept. Therefore, they set up the mid -block connections to lead people to and from the park. The following concerns were expressed with regard to the three additional connections being requested: • East mid -block connection: The Shefelbine property in its entirety will be commercial. They do not want to invite commercial people into their neighborhood. Also, where the connection is being proposed, which would align with their other connections, is a serious grade differential that exceeds the suggested grades for walkways. • Stormsewer easement line to 41 r Street location: On the north side of 41 at Street, they have agreed in working with the City to have a 10 foot bituminous pathway instead of a 5 foot walkway. There will be landscaping and trees. The intent is to keep traffic on the north side of 41 a Street. They do not want to invite people to cross into people's backyards. • North end of property connection: There is no desirable point for the connection to go to. There is already a 10 foot easement one lot from where staff is requesting a mid -block connection. Condition 5: The streets would be 28 feet wide, with parking on one side. Condition 6: They agree to Ms. Baker's additional sentence as presented. They will develop the propertln four phases. Condition 11: They are trying to keep traffic on the north side. They are willing to provide a 10 foot bituminous pathway on the north side, as previously agreed. There shouldn't be sidewalks required on the south side because it would go through people's backyards. Mr. Hamilton asked that the Commission give consideration that, with the mid -block connections that lead people directly to and from the neighborhood park, to be considered parkland. Mr. Bill Anderson, of Yaggy Colby Associates (717 Third Avenue SE, Rochester MN), addressed the Commission. He stated that the general development plan showed the bike path on the north side of 41 ' Street. The mid -block connections shown were also part of the conclusion of the general development plan. Page 17 City Planning and Zoning Commission Minutes Hearing Date: July 9, 2D03 Mr. Charles Till, of 5730 75'' Avenue NW, Byron MN, addressed the Commission. He stated that he owned land west of 50"' Avenue. The description for the property should be east of 50'h Avenue NW. Discussion ensued regarding location of sidewalks Ms. Baker stated that the future land use of the Shefelbine property to the east is designated commercial at the intersection of the two major roadways. However, there are medium density residential uses next to the commercial then going to low density residential. Whether or not the entire Shefelbine property would be developed as commercial and if there were no residential next to Badger Hills, has not been determined. There is no current general development plan for that property. Therefore, they need to identify a mid -block connection and plan for connectivity to the adjacent parcel. Ms. Baker stated that the applicant would need to file a request for a design modification to ask for waiver of the mid -block connections, as required by Ordinance. The City Council ultimately has to act on the design modification. If the applicant submits a design modification early enough, they can publish the request concurrently with the preliminary plat to go before the City Council. Mr. Anderson stated that he thought the mid -block connections were already decided, as they had shown them on the approved general development plan. Ms. Baker stated that she would have to review the approved general development plan for specific documentation. If there was no formal waiver and it was just missed at the general development plan stage, the applicant would still need to apply for a design modification to go through the process. Mr. Burke asked if, on the east side of Circle Drive, is there a path on both the north and south sides of 41"Avenue NW. Ms. Baker responded that she was unsure Mr. Hamilton responded that it does not exist on the south side. Mr. Quinn asked if the Commission could recognize the mid -block connections as part of parkland. Ms. Baker responded that only the City Council could make that decision. With no one else wishing to be heard, Ms. Wiesner closed the public hearing. Mr. Quinn moved to recommend approval of.the,Substantial Land Alteration based on the staff -recommended findings Ms. Petersson seconded the motion The motion carried 8-0 s Mr.. Quinn moved to.recommend approval of Land Subdivision Permit (Preliminary Plat) #03-19 by Badger Hills LLC to be known 'as Badger Hills Subdivision with the staff recommended findings and conditions as ,revised by Ms: Baker and also changina Page 18 City Flaming and Zoning Commission Minutes Hewing Date: July 9, 2003 condition number 5 to indicate that it would be a 28 foot roadway side. Mr. Haeussinger seconded the motion. The motion carried CONDITION Y A- MVIS 1. The plat lz shall be a. Adding the directional rddds-:',4TS1 th,�, sp 6." Coordinating 14 ianriing Department GIS Dvs W all other roadvirsyswithin this plat z. �-M.Vtiperv, c. The location map on the face of the piaf shall be chahged ! coordinates T107.14.., Currant] nd oe1 coordinates TiPSIN. A d. Providing an additional Utility' and Lot 1, Block 9, sarrsg664 Memora I ndurn dated i u n6 1 6, June 17, 2003., 8. Dedicating a i's WHO m. Block 1,5, and two`30';wlde out 10 and Lots;lg & I f indicating contro the exce t.lon of any approved g.;, Dedicat! City for the pedestrian pat4 , _ r '. pedestrian, aldno t;a, shown an the prelirrilhary-p4i,it outsid 2. Didicaitidn of parkland and cash iWE t' .jn.the Jur426`,2003M Meoran8lum Trorft bepartment. 'Thepairidaind dedication calculated When the arts Plant and I UT 3. The applicant -shall d"caite established and when the site If acciesste 4. Upon request by the City, the applicari t pedestrian connection OUtlotS to the Citi construct a VY Wide bituminous pec dedication to the Cl S. The roadways leading to the dul-de-saci "No both sides of the Pag 1 � City 19 �p City Planning and Zoning Commission Minutes Hearing Date: July 9.2003 parking on one side only., The cul-de-sacs aF and shall be posted "No Parking!. In.additloi either side of 41" Street NW and'on Avenue:" Road NW right-of-way. _'.; T r s` 6. Development of this plat`wtll be limited to,i2C provided to this property: The;phasing of fn number of lots being estabhshed;,prior to the F 7. The applicant is'responsible for identifying w the information: The applicant is.aiso respon the Planning Department_7a Wetland DeLneati an Alternatives Analysis and Re" piacemant Pli 1, 8. Prior to Final Plat submittal, the applicant she with the City that outlines the obligations of tl to, substandard street reconstruction charge; stormwater management, park dedications _tra right=of-way dedication„access and extensooi contribubons'for public'infrastructurerinclurl ` required for the extension of the 'J7710 Sihii�tt this property =k! rA1i F n `wI'`9 that do not drain into the 11. Pedestrian Facilities shal within this property, asrru NW. 'A bituminous pedes Vaileyhigh Road and all F lieu of a five foot coecret l 12i.Ownership and Ma tens r Piat approval. , 13. The applicant shall provide sure the completion of the excavation commencement of grading activi OTHER BUSINESS: tv that REQUEST FOR COUNCIL ACTION MEETING 0 DATE: 11 /20/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda/Organizational Business Finance Department D _ I q ITEM DESCRIPTION: PREPARED BY: Audit Proposal — Fiscal Years Ending December 31, 2006 - 2010 B. Atkinson As a result of procurement mandates of various federal agencies and as a matter of recommended practice, the City of Rochester issued a request for proposals for audit services relating to its general purpose financial statements for the years ending December 31, 2006, 2007, 2008, 2009 and 2010. Two proposals were received along with 2 notices declining to propose. Both of the firms that declined noted staff resource issues necessary to complete and audit for a client of our size. The proposals were evaluated based on the proposer's municipal audit expertise, experience and professional standing of staff assigned to the City's audit, prior audit experience of the firm and staff assigned, the firm's understanding of the audit work to be performed, the engagement team's experience in public utility issues, the firm's history in assisting clients in obtaining the Government Finance Officer's Association's Certificate of Achievement for Excellence in Financial Reporting, the cost of audit services and hourly rates of professional staff. It must be emphasized that, although an important factor, price is only one factor in the selection decision. Both firms submitting proposals have significant experience in audits of governments, quasi governments and municipal utilities. However, the size and scope of the City of Rochester's municipal activities and Rochester Public Utilities operations stand out as unique in the audit clients of the submitting proposers. Both firms submitted recent peer reviews done in accordance with standards established by the Peer Review Board of the American Institute of Certified Public Accountants. We believe that both firms submitting proposals are qualified to provide the services requested. The detailed bid tabulation of the two firms submitting proposals, McGladrey & Pullen, LLP and Smith Schafer and Associates, Ltd., are attached. The overall proposal of the City's current audit firm, Smith Schafer and Associates, Ltd., is $29,756 less than the McGladrey & Pullen, LLP bid. It is the recommendation of this department that Smith Schafer and Associates be retained to provide audit services for fiscal years 2006 — 2010. This audit firm has provided quality audit work and recommendations to the City for many years, is familiar with the City's operations and has provided a competitive five-year price quote. Council Action Requested: A motion approving the proposal of Smith Schafer and Associates, Ltd., to provide audit services for the City of Rochester and Rochester Public Utilities for the five fiscal years ending December 31, 2006, 2007, 2008, 2009 and 2010. ` !)\ \\ E) �k\ ` - - kk0 !2 0. j / \ _ a - n.J (/\ ] 3,S 6 0r \ ) 7 ;Co § , - § I REQUEST FOR COUNCIL ACTION MEETING NJ DATE: 11/20/05 AGENDA SECTION: I ORIGINATING DEPT: ITEM NO. Consent Agenda/Organizational Business Finance 5 t)4 ITEM DESCRIPTION: PREPARED BY: Investment Performance Report — September, 2006 B. Atkinson The following information summarizes the City's operating investment portfolio as of 9/30/2006. 1. Activity and Performance Information — attached Amortized Cast Basis of Activity Detail of Amortized Cost Basis Return Annualized Comparative Rates of Return Summary of Amortized Cost Basis Return Maturity Distribution of Securities Held (Unrealized gains or losses are "paper losses" only- All securities are intended to be held to maturity, thereby eliminating realized gains or losses.) 2. Diversification of Portfolio % Of Duration Portfolio (Years) Cash and Equivalents 5.64% 0.00 Commercial Paper 3.02% 0.04 US Instrumentality 91.34% 1.53 100.00% Council Action Requested: Receive 09/30/06 investment report. hQm �h t'f Q � O 0 0 0 0 0 0 C ¢ J _ o e O m p m 6 e O O C a e ti_ a ry y 4 v n e N b m P � w e O 'E L ¢ L y T 73 s ¢ m - - 9 w _ J U o F U V U? h V 7 q PV V mP Q e�f V b V N N m -° n m o �n ry Q rv„ h n O O h Q !1 0' eV N N F L m y F O P Off. O O Q P O 6 C V Q F D N P e L t- E: Z Z Z 1! / m � raei e � ae e u d - c c 0 V `o L� Poo Mu°isH REQUEST FOR COUNCIL ACTION Consent Agenda ITEM DESCRIPTION: Advertise Bids for Liquid Ferric Chloride ORIGINATING DEPT: Finance Department Sulfate and MEETING 1/ DATE: 11/20/06 ITEM NO. p l� PREPARED BY: Jennifer King The Water Reclamation Plant requests approval to advertise for a one year's supply of Anhydrous Ferric Chloride and Liquid Aluminum Sulfate to be futnished to the City as indicated in the specifications provided by the Water Reclamation Plant. Funding for these items has been budgeted in the Water Reclamation Plant budget. COUNCIL ACTION REQUESTED: Adopt a resolution authorizing the City Clerk to advertise for bids for Anhydrous Ferric Chloride and Liquid Aluminum Sulfate. COUNCIL ACTION: Moeon by: second 0 FA REQUEST FOR COUNCIL ACTION MEETING DATE: 9. A SECTION: ORIGINATING DEPT: Consent Agenda I Finance Department Approval of Accounts Payable Respectfully request a motion to approve the following cash disbursements: Investment purchases of Accounts payable of Total disbursements $3,034,566.13 $4,693,415.49 $7,727,981.62 (Detailed listing of disbursements submitted separately.) COUNCIL ACTION: Motion by Second by: to: Dale Martinson REQUEST FOR COUNCIL ACTION MEETING 11 DATE: 11/20/06 2ENDA SECTION: ORIGINATING DEPT: ITEM NA - Five viewed as confidential employees. These five individuals have a meet and confer group for the purpose of discussing their 2007 compensation. The City Administrator has reviewed the compensation proposals and recommends approval of the following compensation package: - A 2% increase in base pay with a corresponding adjustment to the pay ranges effective the first pay period in January 2007. - Pay for performance or merit range of 0 - 2% - Exempt non contract employees are eligible for up to 16 hours of personal time off awarded at the discretion of the department head - Establish healthcare savings plan participation in the Minnesota State Retirement System (MSRS) Health Care Savings Plan (HCSP). Last year the Directors and HR exempt employees were awarded the 40% sick leave conversion factor upon resignation or retirement after ten years of employment. The RPU Directors have designated 100% of vacation accrued and saved, if any, upon retirement or termination be directed to the MSRS HCSP (see attached document). HR exempt, non contract employees have also designated 100% of vacation accrued and saved, ff any, upon retirement or termination be directed to the MSRS HCSP - The standard benefit package accorded City employees and defined in the City policies and documents. Exempt employees in the Human Resources Department were also removed from the RPEA union in 2005 due to their confidential employee status. These individuals are not associated with any negotiating group, however, these employees should receive the same compensation and benefits package as the RPU meet and confer group. Council Action Requested Request a motion approving the 2007 compensation for the RPU Directors and Human Resources exempt employees as proposed above. COUNCIL ACTION: Motion by: second by: to: A Memorandum November 8, 2006 To: Linda Gilsrud, Director of Human Resources Larry Koshire, RPU General Manager Stevan Kvenvoid, Rochester City Administrator From: Joe Hensel, Director of Field Services QU Curt Kraft, Director of Corporate Services Walter Lorber, Director of Core Services Walter Schlink, Director of Power Resources Jim Walters, Director of Customer Relation 1" Re: Health Care Savings Plan NO QlIeCC M V The Rochester Public Utilities directors, as "meet and confer" exempt employees of the City, hereby request to establish a health care savings plan under the auspices of the Minnesota State Retirement System (MSRS). The attached request identifies the contributions that we wish to be able to place in the plan. Upon approval by the City, we will proceed with setting up the plan with MSRS. IR i Request to Establish a Health Care Savings Plan for the Directors of Rochester Public Utilities By City Council Resolution dated January 18, 2006, the Directors of Rochester Public Utilities have been given approval to establish a Health Care Savings Plan. The undersigned Directors wish to make contributions to a plan administered by the Minnesota State Retirement System (MSRS). The contributions will include, but may be modified or extended to additional accrued benefits and/or salary permitted by law and by the plan (as approved by the City and requested of MSRS by the directors) at such times that the plan provides, the following components for the initial enrollment: Upon retirement, all accrued sick leave hours at the conversion factor then in effect and at the wage rate of the individual retiree. Upon retirement, 100% of accrued and saved vacation hours at the wage rate of the individual retiree. Upon approval of the above contribution options by the City, the Directors will work with the appropriate MSRS and City representatives to implement the plan. Verification of approval by MSRS and documentation of the plan provisions will be furriished to Human Resources. We hereby request the approval of the City to establish a Health Care Savings Plan with MSRS in accordance with the above provisions. RPU Directors City of Rochester Jo Hensel Curt Kraft w WA'-kh'k, Walter Lorber Approved Date REQUEST FOR COUNCIL ACTION MEETING qI Consent ITEM DESCRIPTION: ORIGINATING DEFT: Human Resources - IBEW Local 4949 and the DATE: 11 b,jC PREPARED BY: The City and IBEW Local #949 (Outside) have prepared a Memorandum of Understanding (MOU) regarding RPU management establishing a Water Distribution Worker position working a shift beginning at 1:00 p.m. and ending at 9:00 p.m and the applicability of shift premium for this position. The attached document reflects the understanding reached. Council Action Requested: Resolution authorizing the Mayor and City Clerk to sign the Memorandum of Understanding between the City of Rochester and 113EW Local #949 M Memorandum of Understanding Between City of Rochester and IBEW Local Union #949 (Outside) Dated: November 20, 2006 (reviewed by City Council) RPU management has established a Water Distribution Worker position working a shift beginning at 1:00 p.m. and ending at 9:00 p.m. The shift premium is established by the collective bargaining agreement at $1.30/hour and is applicable to this position. Signed: For the Union Signed: For the City Ardell Brede, Mayor Judy Scherr, City Clerk Dnsent REQUEST FOR COUNCIL ACTION Human Resources MEETING DATE 11 /20/06 ITEM NO. Cf! ITEM DESCRIPTION: Personnel Policies: Possession of Valid Driver's License or Commercial Driver's PREP, License (CDL) Based on the Job Description Requirement" and "Motor Vehicle Drug, and Linda Alcohol Testing" Department Heads have prepared a new Personnel Policy titled: "Possession of Valid Driver's License or Commercial Drivers License (CDL) Based on the Job Description Requirement'. Attached is the policy which has also been reviewed by Terry Adkins, City Attorney. Another personnel policy titled "Motor Vehicle Drug and Alcohol Testing" has been revised to remove the portion of the policy that dealt with the loss of either license. The revised Motor Vehicle Drug and Alcohol Testing policy is also attached. COUNCIL ACTION REQUESTED: Approval of a motion to accept the revision of the Personnel Policy: "Possession of Valid Driver's License or Commercial Driveras License (CDL) Based on the Job Description Requirement' and the Personnel Policy: "Motor Vehicle Drug and Alcohol Testing' COUNCIL ACTION: Motion by: Second by: to: POSSESSION OF VALID DRIVER'S LICENSE OR COMMERCIAL DRIVER'S LICENSE (CDL) BASED ON THE JOB DESCRIPTION REQUIREMENT Objective A. To provide the basis for management control of the workforce. B. To define the City of Rochester's work requirements and qualifications as they pertain to maintaining a valid driver's license or a valid commercial driver's license (CDL) where required. C. To establish clearly defined employment standards as they pertain to employees who drive vehicles while working for the City of Rochester and are therefore required to maintain a valid driver's license or a valid CDL where required. D. To ensure employees driving on behalf of the City of Rochester are driving safely and complying with all licensing requirements. E. Licenses and endorsement suspensions related to personal medical conditions and renewal -related problems are outside of the intended scope of this policy. Content A. This policy applies to all "driver's license required" positions as identified in each employee's position description and those employees who could reasonably expect to drive a vehicle on behalf of the City of Rochester. B. This policy describes the process for regular motor vehicle records checks for those employees in a "driver's license required" position. C. This policy sets forth the consequences for: 1. Employees in "driver's license required" positions if they lose their driver's license. 2. Employees who operate a vehicle on company time, whether the vehicle is owned by the City of Rochester or the employee, without the appropriate valid driver's license, Minnesota driving privileges, or Commercial Driver's License (CDL). 3. Employees who fail to notify the City of Rochester of their loss of driving privileges. Definitions A. This policy applies to an employee's driving privileges as authorized by the State of Minnesota, whether or not an employee has driving privileges authorized by any other state. B. Company time for purposes of this policy is defined as: 1. Working time during which an employee is paid wages or a salary; 2. A period during which an employee would be covered by any benefits arising from employment, whether life insurance, travel insurance, health insurance, worker's compensation, or other similar employee benefits; or 2 3. A period during which an employee's travel/mileage expenses are reimbursed by the City of Rochester. C. The Last Chance Agreement is a document that specifies terms and conditions for continued employment. In accordance with that agreement, any violation within ten (10) years of the date of the document that leads to the loss of driving privileges for any duration will result in immediate termination without the ability to grieve the termination. D. The phrase "complete loss of driving privileges" for the purposes of this Policy is defined as: 1. Loss of the Class D Drivers License, and 2. Loss of the Class B Commercial Drivers License (CDL). E. The phrase "employee accommodation period" for the purposes of this Policy is defined as; 1. The first full day the Minnesota Department of Public Safety makes a determination that the employee's drivers license is invalid, and 2. the last day of the specific accommodation period as it is stated in this Policy. F. The term "one year" as used in this Policy to define the period of time for which the Minnesota Department of Public Safety City suspends a CDL, shall consist of 365 days, the total of which may not in all cases occur consecutively. Provisions A. All employees who could reasonably expect to operate a vehicle on behalf of the City of Rochester and those employees in "driver's license required" positions are required to maintain a valid driver's license as a condition of employment. B. The loss of a driver's license and/or CDL must be reported to the employee's supervisor immediately, and the employee will not be allowed to operate a vehicle on behalf of the City of Rochester. Failure to notify the City could result in immediate termination. Procedures for handling license revocation/suspension are outlined below in Section D. C. All employees in a "driver's license required" position will participate in the City of Rochester's periodic motor vehicle record check process. If, upon reviewing an employee's motor vehicle records, the City becomes concerned with the number of offenses the employee has incurred, the City will initiate a confidential coaching session with the employee. Representation may be requested by either party to participate in the coaching session. Employees are required to notify the City of Rochester of any citations issued while driving on behalf of the City. D. Any employee who knowingly operates a vehicle on behalf of the City of Rochester without a valid driver's license or CDL will be immediately terminated. E. The following actions will be taken upon loss of driving privileges: 1. Citations issued while driving on behalf of the City of Rochester: a. Any single event that leads to a complete loss of driving privileges for thirty (30) days or more, which is issued while the employee is driving on City time, will result in immediate termination of the employee. Me b. An employee who commits a driving violation while driving on City time but who does not lose their driving privileges for thirty (30) days or more will be accommodated under Provisions E. 4. A condition of this accommodation will be that the employee will be required to sign a Last Chance Agreement. An employee who does not sign this Last Chance Agreement will be immediately terminated. c. Any employee who is convicted of operating a City of Rochester motor vehicle under the influence of alcohol or illegal drugs, or who loses their driving privileges under the implied consent laws, while the employee is driving on City time, will be immediately terminated. Employees who are charged with violations under these conditions will be subject to immediate layoff without pay until such time as the judicial or administrative judgment is final. 2. Citations issued while driving on personal time: a. For a driving violation occurring on personal time, which results in the complete loss of driving privileges for no more that one hundred eighty (180) days, the employee accommodation period will be for no more than one hundred eighty (180) days under Provisions E. 4. A condition of accommodation will be that the employee signs a Last Chance Agreement as defined in Definitions C. An employee who does not sign this Last Chance Agreement will be terminated. b. For a driving violation occurring on personal time, which results in the complete loss of driving privileges for more than one hundred eighty (180) days but a year or less, the employee accommodation period will be for no more than one hundred eighty (180) days under Provisions E. 4. For the time between the end of the accommodation period and one (1) year, the employee shall be in a layoff status without pay. A condition of accommodation will be that the employee signs a Last Chance Agreement as defined in Definitions C. An employee who does not sign this Last Chance Agreement will be terminated. c. Any complete loss of driving privileges for more than a year will result in the employee being terminated effective on the date the Minnesota Department of Public Safety suspends or otherwise invalids the employee's driving privileges... 3. Citations affecting the CDL: a. Any driving violation which results in the first time suspension of the CDL but retention of Class D driving privileges the employee accommodation period will be for nor more than one (1) year. The employee accommodation period begins with the first full day that the CDL becomes invalid as determined by the Minnesota Department of Public Safety. A condition of accommodation will be that the employee signs a Last Chance Agreement as defined in Definitions C. An employee who does not sign this Last Chance Agreement will be terminated. b. Any driving violation which results in the permanent loss of the CDL will result in the termination of the employee effective the date the Minnesota Department of Public Safety revokes the employee's CDL. 4. Accommodations will be handled on a job requirements basis and case by case basis and administered by the respective City Department Head to whom the employee reports. Accommodations will, at a minimum, include removal from any scheduled overtime, including but not limited to standby and/or after-hours call outs. 0 No such accommodation will be made if: ➢ the job responsibilities or tasks requiring a driver's license or commercial driver's license (CDL) cannot be readily performed by another employee, ➢ other duties are not available, or ➢ no reasonable need exists for the accommodation as determined by the Department Head or his/her designee. A Department Head may limit the number of employees eligible for accommodation within his/her Department. Accommodations may also include but are not limited to: D staying in the current position with or without a reduction in wages, or ➢ the temporary reclassification into another position with wages to reflect the reclassification, if out -of -class pay is dictated by Labor Agreements, or ➢ a temporary layoff without pay until the license is reinstated. Employee shall be reinstated to their former position at the end of the accommodation period provided there are no other extenuating circumstances related to employees conduct on or off the job during the accommodation period or employees ability to perform all the duties of their former position. Any accommodation will not relieve an employee from any disciplinary action taken prior to the date of the accommodation. A driving violation, which results in the accommodation, will not be considered as a separate disciplinary step, which could lead to termination of employment. Any accommodations must be confirmed by a letter signed by the employee and, if applicable, the employee's union representative stating the accommodation shall not be considered a precedent in any future employee disciplinary case. Vacation and/or sick leave cannot be used to extend or postpone the period of the accommodation. Responsibility The City of Rochester shall be responsible for administering this policy. November 2006 LAST CHANCE AGREEMENT — UNION EMPLOYEE Terms and Conditions for Maintaining your Employment To: Employee Name From: City of Rochester CC: Employee Personnel File Date: This Last Chance Agreement is being issued because of your failure to comply with the requirements of the Possession of Valid Driver's License or Commercial Driver's License (CDL) Based on the Job Description Requirement City of Rochester personnel policy. Effective immediately, you are being placed on probationary status for ten (10) years from the date of this agreement. Blatant violation of any City of Rochester policy or work rule related to the operation of City vehicles or equipment will be grounds for termination of your employment. Any alcohol or drug -related violation which results in your loss of driving privileges, for any length of time, shall result in your immediate termination. If you violate any of the terms and conditions outlined in this agreement, your employment will be immediately terminated. The only issue which may be presented for review pursuant to the grievance procedure will be whether or not you violated the conditions of this agreement. The arbitrator will have no authority to modify or set aside the discharge action if a violation of one of the conditions of this agreement is found to have occurred. This agreement will not set a precedent and is without prejudice to future cases involving other employees. Accepted and Agreed, Department Head Date Employee Date Business Representative Date June 2006 CITY OF ROCHESTER PERSONNEL POLICY MOTOR VEHICLE DRUG AND ALCOHOL TESTING Purpose: Vehicular accidents can be costly in terms of human injury, lost work time, vehicle repair, and higher City -paid insurance costs. This policy is to define minimum qualifications for drivers of City commercial vehicles and standards for commercial vehicle operation. Policy: A. Driver Qualifications This policy shall apply to all City of Rochester employees who are required to maintain a commercial driver's license (CDL) whether under federal law, state law, administrative law, job description, or civil service rules. An employee can operate a City commercial vehicle only if s/he is aged 21 or older; 2. a holder of a valid license for the class of vehicle in question; and otherwise qualified under federal and state regulations to drive the vehicle assigned. This policy is meant to comply with the Federal Highway Administration Controlled Substances and Alcohol Use and Testing Regulations (49 C.F.R. Part 382; 383, subpart D; and 384.219) and Minnesota Statutes 181.950 - 181.957). In the case of an inconsistency between this policy and/or a collective bargaining agreement and any federal law or administrative rule, the federal law or administrative rule shall prevail. B. Alcohol Use Regulations U Employees are prohibited from performing safety -sensitive functions including being at the driving controls of a commercial motor vehicle (CMV); waiting to be dispatched; inspecting, servicing or conditioning a CMV; in or on a CMV; loading or unloading or providing oversight of these actions; repairing, getting assistance, or staying with a disabled vehicle: while having a breath alcohol concentration of 0.04 percent or greater as indicated by an alcohol breath test, 2. while using alcohol, 3. within four (4) hours after consuming alcohol, 4. if the employee refuses to submit to an alcohol test, or 5. within eight (8) hours after an accident or until completing an alcohol breath test if required to be tested as a result of involvement in the accident. C�l CITY OF ROCHESTER PERSONNEL POLICY Performing a safety -sensitive function(s) means the period from the time a driver begins to work or is required to be in readiness to work until the time he or she is relieved from work. Any City employee subject to this policy who violates any of these regulations will be prohibited from performing any safety -sensitive function(s) and may be subject to disciplinary action up to and including involuntary termination. C. Alcohol Testing The following alcohol tests are required under this policy: Post -Accident Testing: An alcohol test must be conducted within eight hours after any accident involving an employee driving a City -assigned vehicle. An accident while operating a commercial motor vehicle on a public roadway occurs when there is a fatality; or the CMV driver is ticketed for a moving violation. If ticketed, then one or both of the following must also occur a) disabling damage (at least one towed vehicle) and/ or b) an injury treated away from the scene. An alcohol test will also be required for any employee involved in a fatal accident even if he employee is not cited for a moving traffic violation. A breath or blood test for use of alcohol administered by police or public safety officials may be substituted for any post -accident test. 2. Reasonable Suspicion Testing: An alcohol test must be conducted within eight hours whenever a supervisor, department head or other City official has reasonable suspicion to believe an employee has violated any prohibited alcohol use regulation set forth above. Reasonable Suspicion means at least one supervisor or City official has observed behavior, appearance, speech or odors that are characteristic of alcohol use. Use "Reasonable Cause Record — Observed Behavior" form. 3. Random Testing: On an unannounced basis, random alcohol tests will be given to employees just before, during orjust after driving assignments. At least twenty-five percent (25%) of all employees will be subject to random testing each year. Employees selected for testing must proceed immediately to the testing site. If a City vehicle is not available the employee will be reimbursed mileage for using his or her own vehicle. Employees may be selected for more than one (1) test per year. The regulations provide for modification of the random testing rate depending on the rate of violations in each jurisdiction subject to the regulations. The random testing rate could be adjust upward to fifty percent (50%) or downward to ten percent (10%). 4. Return -to -Duty and Follow-up Testing: Every person eligible and approved as determined by the City to return to work after violation of any prohibited alcohol use regulation set forth above is required to submit to an alcohol test. An employee will not be approved to return to duty unless the alcohol test shows an alcohol concentration less than 0.02 percent. In addition, an employee eligible and approved to return to work as determined by the City after violating any prohibited alcohol use rule will be subject to a minimum of at least six (6) unannounced follow-up alcohol tests during the first twelve (12) months after an employee returns to duty. Follow-up testing can, as permitted by federal regulations, be extended for a period of sixty (60) months following the return to duty. D. Prohibited Controlled Substances Use Regulations FA CITY OF ROCHESTER PERSONNEL POLICY No employee shall report for duty or remain on duty when the employee has used or uses any controlled substance. An exception exists when use of the controlled substance is pursuant to the instructions of a physician who has advised the employee that the substance does not adversely affect the employee's ability to safety operate a City motor vehicle. 2. No employee shall report for duty or remain on duty if the employee tests positive for any controlled substance. 3. An employee who tests positive for a controlled substance is medically unqualified to operate a City motor vehicle. He/she must call his/her supervisor so the supervisor can arrange a ride home from the testing site since the employee is no longer authorized to drive a motor vehicle. A refusal to be tested is treated as a positive test and an employee who refuses to submit to a required drug test shall not be permitted to operate a commercial motor vehicle. E. Controlled Substances Testing The following drug tests are required under this policy: Pre -employment Testing: All job applicants, including persons currently employed by the City of Rochester, applying for a job where duties include operating commercial motor vehicles are required to undergo testing for controlled substances. The job offer will be contingent upon a negative drug test report. An applicant is not required to submit to a pre -employment controlled substance test if: a. the applicant has participated in a controlled substances testing program that meets the requirements of this policy within the preceding thirty (30) days, and b. while participating in that testing program was tested within the preceding six (6) months or participated in a random controlled substances testing program continuously for the preceding twelve (12) months, and c. if the City of Rochester verifies that no prior employer of the applicant has any record of a violation of controlled substance use rules of any Department of Transportation agency in the preceding six (6) months. VV In order to rely on the pre -employment controlled substances test exception, the City must contact the controlled substances testing program in which the applicant has participated and obtain the following information: • the name and address of the program(s); • verification of the applicant's participation in the program(s); • verification that the program(s) conforms to the federal regulations; • verification that the applicant is qualified under the federal regulations; • the date the applicant was last tested for controlled substances; and G\V CITY OF ROCHESTER PERSONNEL POLICY • the results of any controlled substance test taken within the last six (6) months and a record of any violations of the alcohol and controlled substance use regulations. 2. Post -Accident Testing: Within thirty-two (32) hours of any accident (see definition in C.1) involving an employee who receives a citation for a moving violation, a controlled substance test will be conducted. A controlled substance test will also be required for any employee involved in a fatal accident even if the employee is not cited for a moving traffic violation. A urine test for drugs administered by police or public safety official as a result of the accident may be substituted for a post -accident controlled substance test. 3. Random Testing: All employees shall be subject to controlled substance testing on a random selection basis. Random controlled substance tests are unannounced and at least fifty percent (50%) of the employees will be tested annually. A random controlled substance test may be required at any time the employee is at work. Employees selected for testing must proceed immediately to the testing site. Employees shall be tested on work time and should use a City vehicle to travel to and from the collection site. If a City vehicle is not available the employee will be reimbursed mileage for using his or her own vehicle. Employees may be selected for more than one (1) test per year. Tests shall be spread reasonably throughout the year. 4. Reasonable Suspicion Testing: An employee shall be required to submit to a controlled substance test when the City of Rochester has reasonable suspicion to believe the employee has violated the controlled substances regulations described above. Reasonable suspicion means that at least one supervisor or City official has observed behavior, appearance, speech or odors that are characteristic of controlled substances misuse. 5. Return -to -Duty and Follow-up Testing: An employee eligible and approved to return to work as determined by the City after violation of any controlled substances regulation is required to submit to a return -to -duty controlled substances test. An employee will not be approved to return to work unless the controlled substance test is negative for controlled substances. An employee returning to work after any violation of the controlled substances regulation will be subject to a minimum of at least six (6) unannounced controlled substance test during the first twelve (12) months after returning to work. Follow-up testing can, under the circumstances set forth in the federal regulation, be extended for a period of sixty (60) months following the return to work. F. Conseguences of Engaging in Prohibited Alcohol or Controlled Substances Use 1. Every employee who engages in any violation of the prohibited alcohol or controlled substances use regulations will be immediately removed from duty. Every employee who has violated any regulation cannot return to duty until he/she has been evaluated by a substance abuse professional and complied with all treatment recommendations. 2. At a minimum, an employee who has violated the prohibited alcohol use rules will not be approved to return to duty unless a return -to -duty alcohol test shows an alcohol concentration of less than 0.02 percent. At a minimum, an employee who has violated the controlled substances abuse rules will not be allowed to return to duty unless a return -to -duty controlled substances test shows a verified negative result. The City of II CITY OF ROCHESTER PERSONNEL POLICY Rochester will also take appropriate disciplinary measures, up to and including discharge of any employee who has violated the prohibited alcohol or controlled substances regulations. 3. In addition, employees who are found to have an alcohol concentration greater than 0.02 percent, but less than 0.04 percent when tested before, during or after driving duties must be removed from driving duty for a minimum of twenty-four (24) hours. G. Refusal to Test If an employee refused to submit to a test required under this policy, he/she shall be subject to discipline, up to and including discharge. Refusal to test will be treated as a positive test and the fact of his/her failure or refusal may be used as evidence against him/her. In addition, an employee who refuses to submit to a lawfully required alcohol or controlled substance test will not be permitted to operate a City motor vehicle. Failure to provide adequate breath without a valid medical explanation constitutes a refusal to submit to an alcohol test. Engaging in conduct that clearly obstructs any drug or alcohol testing process also constitutes a refusal to submit to a test. In addition, any employee subject to post -accident drug and/or alcohol testing who leaves the scene of an accident before a test is administered or fails to remain readily available for testing may be deemed to have refused to submit to testing. Such a refusal will be treated as if the employee had a verified positive controlled substances test and/or had an alcohol test result of 0.04 percent or greater. (See "Drug Information Guide" or find it on line at Human Resources web site.) H. Dilute Samples If an employee or applicant provides a dilute specimen for testing, the individual will be required to submit to additional testing. Failure to Provide Adequate Specimen If the employee or applicant fails to provide an adequate specimen for testing, the individual will be required to remain at the testing facility and drink fluids until such time as an adequate sample is given. If the individual is unable to provide a sample within three hours, the individual will be treated as though he/she produced a positive result unless medical certification is provided that indicates the individual has a medical condition that precludes him/her from producing an adequate specimen. Confidentiality Driver drug and alcohol testing records are confidential. Test results and other confidential information will be disclosed to the driver, a substance abuse professional, and any other person or entity as authorized by law. Any other disclosure of testing information shall require the employee's consent. K. Alcohol and Controlled Substances Program Manager The Director of Human Resources will coordinate the implementation, direction, and administration of the City's Motor Vehicle Drug and Alcohol Testing policy. The Director of Human Resources is the principal contact for the collection site, the testing lab, the Medical G3' GN CITY OF ROCHESTER PERSONNEL POLICY Review Officer, the Breath Alcohol Technician and the person tested. Employee questions concerning this policy should be directed to the Director of Human Resources. L. Employee Assistance Program The City of Rochester encourages any employee with any problem relating to alcohol or controlled substances use to seek professional help. Employees seeking assistance with such problems are urged to contact Human Resources and/or the Center For Effective Living; 1027 NW 7th Street, Rochester; (507) 288-5675. M. Record keeping All records related to the administration and results of this policy will be maintained for a minimum of five (5) years. However, individual negative test results will be maintained for a minimum of one (1) year. Revised 12/19/05 Revised 11/20/06 MEETING REQUEST FOR COUNCIL ACTION DATE: 11-20-06 3ENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT PLANNING b- a, I ITEM DESCRIPTION: Adopt Ordinance for a PORT/ONof Zone Change Petition #05-11, PREPARED BY: by Waterfront Business Park LLC and Southern Woods Development LLC. The Mitzi A. Baker, applicant is proposing to amend the Floodway and Flood Prone (100-year floodplain) Senior Planner boundaries. The property is located south of 48'h Street SW, west of TH 63 and east of 11th Ave. SW. No structures will be affected by the increases in Base Flood Elevation. November 16, 2006 On October 4, 2005, the City Council held a public hearing to consider Zone Change petition #05-11. At that time, the City Council adopted a Resolution of Support with the intent to adopt an Ordinance to amend the Zoning Map if the proposal is deemed acceptable by the Federal Emergency Management Agency (FEMA) and the MN Department of Natural Resources (DNR). FEMA issued a Letter of Map Revision based on Fill (LOMR-F) for a portion of the property on July 21, 2006. This letter documents the agency's approval of the amendment to the floodplain for the portion of the property described in their letter. The property will be removed from the 100-year floodplain (Special Flood Hazard Area). It has been elevated above the 100 year floodplain elevation. The MN DNR was notified by FEMA as part of the process to consider and approved the LOMR-F. In August of this year, the City Council adopted an Ordinance amending the Zoning Map consistent with the July 21, 2006 LOMR-F issued by FEMA. That Ordinance was fora portion of the property, primarily limited to amending the boundary of the 100-Year Flood Fringe. FEMA has now issued a LOMR for the balance of the site; the portion not included in the July 21, 2006 LOMR-F. nis LOMR will substantially narrow the Fioodway on the property. The existing mapped Floodway extended over e entire water body that previously existed on the property, which has since been rifled in. Council Action Needed: Adopt an Ordinance amending the Flood Districts for the area lying south of 48th Street SW and west of TH 63 south, as identified on the attached Revised FIRM Map Panel 303 of 530 Map # 27109CO303 D Effective October 30, 3006, and Panel 304 of 530 Map #27109C0304 D Effective October 30, 2006. Distribution: 1. City Administrator 2. City Attorney: Map attached 3. Planning Department File 4. Applicant: This item will be considered sometime after 7:00 p.m. on Monday November 20, 2006 in the Council/Board Chambers at the Government Center, 151 4th Street SE. OUNCIL ACTION: lotion By: Seconded By: Action: 0 Sw `RM 26x ZONE X l:] ZONE X WILLOW 7u5n a CREEK o Southeast Branch w ZONE of Willow Creek d X z 8 enna ZONE x REVISED \ AREA ZONE AE City of Rochester 275246 35 SOUTHEAST BRANCH OF WILLOW CREE ZONE X ZONE AE- 1 RE RE E1 Legend ® 1% annual chance (100-Year) Floodplain 1 %D annual chance (100-Year) Floodway 0.2%D annual chance (500-Year) Floodplain APPROXIMATE SCALE IN FEET eoo 250 0 Soo FLOOD INSURANCE PROGRAP FIRM FLOOD INSURANCE RATE OLMSTED COUNTY, MINNESOTA AND INCORPORATED AREAS PANEL 303 OF 530 (SEE MAP INDEX FOR PANELS NOT PRIfTE MMINI NUMB PANEL SUFFD p fr� �u mm D 7 [D � Fix moD D E OCT 3 0 ZOO rs�m u.amewn xu,.�aEanw.n ebnanmoe �,. Mvi q,uq �p ONv. h fAMANT' NW9ER tlon LLVR NPAOR� MNmna µ�ub�slcrXm vAjaC MAP NUMBER I 27109CO303 D EFFECTIVE DATE APRIL 17,1995 Federal Eme[gen.y Monagemmt Agmeyj r c W U C ca a O =13 0 m� U lL L lL O lL U N mrn cm cm' �m O M, H COD Wuj x O � Q � prr kn N W Q UOf F W 1 a j f Z ; w U m LL, z ou+ G IL Q r, r b -. c ��. .pE.- 5-3 KG w�• Y w a �f11 nw� m0 �^ Q� o e Fa- F < • e A g Cti1 K Z c CS �� mm U a O LL�i C F Olry� w E . � N A Oa O oLL CD � v z U J? fa p wo T a < Z y i G M n— Odoa 13DOW2 is 5 Lt1 z 0 N AiNnoo 031sn to 2i is3HooaJO,u10- LO co ai Itf' O Z W OQ N III €, gr�� =. a e .• EOSD l3NVd SN)or W O Q z Consent Agenda REQUEST FOR COUNCIL ACTION ORIGINATING DEPT: Public Works TEM DESCRIPTION: Authorization for the City Attomeys office to initiate legal action a Carriage Homes for the Fox Ridge Townhome development infrastructure improvements. MEETING - L� DATE: 11120/06 ITEM NO. lb- aa_ PREPARED BY: Richard Freese. In October, 2001, the City entered into a development agreement ("DA") with Carriage Homes XVII for the construction of the Fox Ridge Townhome development. A provision of the DA requires Carriage Homes to complete the development within five years, which the City interprets to include construction of the street infrastructure. To date the development has not been completed as the final overlay of bituminous on the private streets within the development has not been installed. A letter was sent to Carriage Homes in July of this year reminding them of their obligations under the DA. Carriage Homes has acknowledged its obligation to complete the street work but did not perform the work by the October 2006 deadline. The terms of the DA required the City to provide notice of default and 30 days in which to cure the default. That notice was provided in early October but did not result in the work being performed within the cure period. The DA identifies the City's options for legal recourse for a contractor's default. I recommend that you authorize the City Attorney's office to review and initiate a civil proceeding against Carriage Homes consistent with the DA. The construction season for laying bituminous will be closing shortly, and if the work is not done in the next few weeks it cannot be done until late spring. The complaint could be filed after the close of the construction season if the work has not been completed. COUNCIL ACTION REQUESTED: Adopt a resolution authorizing the City Attorney's office to initiate a civil proceeding against Carriage Homes requiring completion of the street infrastructure work at Fox Ridge Townhomes. -.OUNCIL ACTION: Mobon by Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: # 11/20/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works . Z ITEM DESCRIPTION: Owner Contract— Watermain & Hydrants to Serve Plunkett's Pest PREPARED BY: Control on Lot 2, Block 1, HRB Subdivision —J5261 f M. Baker Staff would offer the following Owner Contract project for consideration by the Council: Plunkett's Pest Control, Inc. (Owner) & Friedrich Construction, Inc. (Contractor) are requesting a City / Owner Contract J5261 consisting of construction of the "Watermain & Hydrants to Serve Plunkett's Pest Control on Lot 2, Block 1, HRB Subdivision" COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J5261, "Watermain & Hydrants to Serve Plunkett's Pest Control on Lot 2, Block 1, HRB Subdivision" conditioned on no work commencing until the final Grading Plan has been approved for this project. COUNCIL ACTION: motion by: second by to: REQUEST FOR COUNCIL ACTION MEETING DATE: P3 11/20/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D_ ITEM DESCRIPTION: Owner Contract— Public Improvements to Cascade Shores PREPARED BY: Townhomes—J5260 M. Baker/, Staff would offer the following Owner Contract project for consideration by the Council: Cascade Shores LLC (Owner) & DMC Plumbing, Inc. (Contractor) are requesting a City / Owner Contract J5260 consisting of construction of the "Public Improvements to Serve Cascade Shores Townhomes" COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J5260, "Public Improvements to Serve Cascade Shores Townhomes" conditioned on no work commencing until the final Grading Plan has been approved for this project. COUNCIL ACTION: Motion by Second by to: REQUEST FOR COUNCIL ACTION MEETING ` DATE: 11/20/06 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: I ITEM NO. Public Works ITEM DESCRIPTION: Owner Contract— Watermain & Hydrants to Serve the I.M.A.A. PREPARED BY: Office Building (Lot 7, Block 1, Sunset Terrace Eighth / M. Baker Subdivision) — J5257 Staff would offer the following Owner Contract project for consideration by the Council: James W. Benike & John W. Benike (Owners) & Road Constructors, Inc. (Contractor) are requesting a City / Owner Contract J5257 consisting of construction of the "Watermain & Hydrants to Serve the I.M.A.A. Office Building (Lot 7, Block 1, Sunset Terrace Eighth Subdivision)" 19th St NW COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J5257, "Watermain & Hydrants to Serve the I.M.A.A. Office Building (Lot 7, Block 1, Sunset Terrace Eighth Subdivision)" conditioned on no work commencing until the final Grading Plan has been approved for this project. COUNCIL ACTION: Motion by Second br.. to: REQUEST FOR COUNCIL ACTION MEETING `o DATE: 11/20/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works _ Z ITEM DESCRIPTION: Owner Contract —Storm Sewer Extension to Serve Outlot'B' Retail pR PARED BY: —J5216 M. Baker U5 Staff would offer the following Owner Contract project for consideration by the Council: Jeffrey C. Brown as Trustee of the Jeffrey C. Brown Profit Sharing Plan and Trust (Owner) & Road Constructors, Inc. (Contractor) are requesting a City / Owner Contract J5216 consisting of "Stone Sewer Extension to Serve Oubot'B' Retail" COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J5216, "Storm Sewer Extension to Serve Outlot'B' Retail". COUNCIL ACTION: Motion by: Second by to: REQUEST FOR COUNCIL ACTION MEETING DATE: 1131 11120/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works b _ ITEM DESCRIPTION: Revocable Permit - Lot 3, Block 1, Commerce Park — Temporary PR PARED BY: Driveway within the Right of Way of Commercial Drive NW M. Nigbur>/P% Compark 3-1, LLC (Owner) has requested the City issue a revocable permit for the placement of a temporary drive approach providing access to their property (Lot 3, Block 1, Commerce Park Subdivision) from Commercial Drive NW. The terms of the revocable permit are as follows: o The temporary drive approach will be 14 feet wide and installed as shown on the included exhibit. o The temporary drive approach must be removed by June 1, 2007. o Owner shall provide signage indicating "Entrance Only" or "No Exif to the site, as well as directional arrows within the temporary drive approach. o Upon removal of the temporary drive approach, Owner shall replace the concrete curb and gutter, concrete sidewalk, and restore all disturbed areas to a condition similar to that which existed prior to the installation of the temporary drive approach. o In the event any traffic safety concerns arise as a result of the installation of said temporary drive approach, Owner shall remove the temporary drive approach, Owner shall remove the temporary drive approach within ten days of the date on the notification provided by the City Engineer for said removal. o Owner must obtain the required permits form the City's Public Works Department for the installation of said temporary drive approach. The temporary drive approach must be installed per the standards and specifications adopted by the City of Rochester. o Owner shall perform all work and bear all costs associated with the installation, maintenance, repair and removal of said temporary drive approach, as well as any damage that may occur to public facilities resulting from said temporary drive approach being located within said public right of way. 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. t as"v -� Sr PL4N COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the revocable permit to allow the placement of a temporary drive approach located in the right of way of Commercial Drive NW adjacent to Lot 3, Block 1, Commerce Park Subdivision. COUNCIL ACTION: Motion by: Second by. to: REQUEST FOR COUNCIL ACTION MEETING 1 I, DATE: 11 /20/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works D •Z$ ITEM DESCRIPTION: Revocable Permit: Minnesota Energy Resources for placement of PR PARED BY: a natural gas line on City -owned property south of 48th Street SW M. Nigbur,*" Minnesota Energy Resources Corporation (formerly Aquila Natural Gas) has requested the City issue a revocable permit for the placement of natural gas pipeline within property owned by the City of Rochester (Outlot B, Southern Woods 151 Subdivision) on the south side of 48 h Street SW to serve Willow Creek Plaza Subdivision. Placement of the proposed encroachment would be underground and within 10 feet of the north property line of the City's property in the location where the normal 10' utility easement would be. Staff has reviewed the request and would recommend in favor of granting a Revocable Permit. Minnesota Energy Resources Corporation has executed a Revocable Permit which includes the standard language for revocation and liability protection for the City. CRI 48 ST SW Y "t. 3„ i, ' i� ` COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the revocable permit with Minnesota Energy Resources Corporation to allow the placement of a natural gas pipeline within property owned by the City of Rochester (Outlot B, Southern Woods 1 ' Subdivision) south of 48 h Street SW. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING 11 03 DATE: 11 /20106 ",GENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works b-2 ITEM DESCRIPTION: Revocable Permit: YMCA of Rochester, Inc. Proposed Building PR PARED BY: Project within 7th Street SW Right-of-way in Willson's Addition M. Nigbur� YMCA of Rochester, Inc. (YMCA) is in the process of a building project at their facility at 709 1 s` Street SW. The project is to be constructed within the former right-of-way of 71h Street SW adjoining and abutting blocks 106 and 107, Willson's Project, lying westerly of the westerly right-of-way line of 1" Avenue SW and lying easterly of the centerlines of the alleys in said Blocks 106 and 107. The subject 71h Street SW right-of-way was originally vacated in 1947 while reserving the rights of the City for installing and maintaining public utilities. Following the original vacation, various areas of the subject right-of-way have been either rededicated to the City for public streetlalley use or have been completely vacated by the City. YMCA currently owns the adjoining property both north and south of the subject 7th Street SW right-of-way, and has applied for vacation of the subject right-of-way with the Olmsted County/Rochester Planning Department. Due to the timing of the proposed building project, YMCA would like to proceed with construction within the subject 71h Street SW right-of-way prior to approval of the vacation. Public Works staff has reviewed this request and is in favor of allowing YMCA to proceed with their building project. The City does not utilize the subject right-of-way for roadway/alley purposes nor does the City have any utilities located within this area. A Revocable Permit Agreement has been created to outline the terms and conditions that must be adhered to by YMCA until the subject right-of-way is vacated. The agreement includes the following: o YMCA must have the vacation of the subject 7 h Street SW right-of-way approved by the Common Council of the City of Rochester prior to January 31, 2007. o YMCA is responsible for all costs associated with the construction, maintenance and repair of said building project, as well as any damage that may occur to public facilities resulting from the building project. o YMCA will hold the City harmless for any and all damages resulting from its use of the subject 7ch Street SW right-of-way, and in regards to any claims or liability associated with the building project. SWJect 7th Street SW Rlght of Way - .4 a' x R CON qL „ 4 Ir k COUNCIL ACTION REQUESTED: 1. Allow YMCA of Rochester, Inc. to proceed with their proposed building project in the subject 7th Street SW right-of- way until the vacation of said right-of-way has been approved. 2. Authorize the Mayor and City Clerk to execute the Revocable Permit Agreement with YMCA of Rochester, Inc. COUNCIL ACTION: Motion by: Second by. to: REQUEST FOR COUNCIL ACTION MEETING jii> Z DATE: 11 /20/06 AGENDA SECTION: ORIGINATING DEPT: I ITEM NO. CONSENT AGENDA Public Works D `30 t i EM DESCRIPTION: Revocable Permit — YMCA of Rochester, Inc. — Electrical PRFARED BY: Transformers and Sidewalk on City -owned Property M. Ni bur YMCA of Rochester, Inc., the Owner of the property described as Lots 1, 2, 3, 4, 5, 6 and 7, Block 106, Willson's Addition and a strip of land 7.5 feet bordering said Lot 7 on the north, Block 106, Willson's Addition, has requested the City issue a revocable permit to place electrical transformers and sidewalk on property owned by the City. This City -owned property is described as Lots 8, 9, 10, 11, 12 and 13, Block 106, Willson's Addition. Owner will install and maintain the electrical transformers and sidewalk at their own expense. Owner must also obtain proper permits for of the electrical transformers and sidewalk. The improvements are 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 Ek%!f1 .CW ( rr i itY 9 z. �-�— _ • _•_ _..--. ... _ yg _. — "�e •:spy -y.� �TeYYGuv A•EY V�/—, �" GTOt COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the revocable permit with YMCA of Rochester, Inc. to allow the placement of electrical transformers and sidewalk on City -owned property. COUNCIL ACTION: Motion by: second by to: REQUEST FOR COUNCIL ACTION MEETING DATE: l(I f 11/20/06 1GENDA SECTION: ORIGINATING DEPT: I ITEM NO. Consent Agenda Public Works D ITEM DESCRIPTION: Real Estate —Vacation of a Portion of 4"' Avenue SE. PARED B Through discussions with the Weis Development team regarding their proposed project on 3rd Avenue and 6th Street SE the Public Works Staff and the Owner have agreed that it would be in the best interest of both entities that the City initiate a vacation of approximately 3 feet of the 4d' Avenue Right of Way (the space between the property line and the westerly edge of the 5' sidewalk) abutting lot 7 and 10 Block 3 of East Rochester Addition. This vacation will allow a slight shift in the building location abutting 3rd Avenue SE to accommodate additional right of way dedication for a Bus/Dropoff/Pickup Bay to be constructed and to allow greater landscaping along 3rd Avenue between the building and the relocated sidewalk. COUNCIL ACTION REQUESTED: Initiate the vacation of approximately 3 feet of the 4 b Avenue Right of Way as noted above. COUNCIL ACTION: Motion br. Second by. to: REQUEST FOR COUNCIL ACTION MEETING DATE: AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works ) - 3 2 ITEM DESCRIPTION: AWARD OF CONTRACT: (J2179) PREPARED BY: Installation of Sewage Flow Monitoring Equipment . Wellner This is a request for a resolution to award contract for the following project: Project: CITY PROJECT No. J2179 INSTALLATION OF SEWAGE FLOW MONITORING EQUIPMENT Proiect Background Since 2001 the City of Rochester has maintained a number of sewage flow monitoring sites throughout the city's sewer system. A primary propose of this monitoring is to allow the evaluation of the Inflow and Infiltration impacts on the city's system and thereby more adequately plan future sewer trunk system needs and provide the analysis basis for Ill corrective action. Currently 9 such permanent monitoring sites are in operation. As new sewer trunk mains are constructed, flow monitoring flumes are installed at strategic locations. Two monitoring flows have recently been installed; one near the intersection of 12th Street NW and 2"d Avenue NW and the second approximately 1,000 feet west of I Avenue NW on the new Kings Run trunk sewer. The monitoring flumes were installed with the sewer main installation, however, the electronic equipment and telecommunication equipment needed to collect, record and store the flow data is equipment more appropriately suited to the installation by specialty contractors; electricians. Therefore, quotations were solicited from local electrical contractors for the installation of the equipment required to complete the data collection, recording and storage portion of the monitoring site. The following quotation was received: Total Quote 1. Winkels Electric, Inc. $ 37,238 2. Foster Electric Co. $ 45,340 3. Accord Electric no bid Engineer's Estimate $ $45,OD0 Project Recommendation: The Public Works Department recommends the City Council proceed with an award to the low bidder. COUNCIL ACTION REQUESTED: Adopt a resolution awarding the contract, CITY PROJECT J2179 Installation of Sewage Flow Monitoring Equipment to Winkels Electric in the amount of $ 37,238. COUNCIL ACTION: Maton by Second by to: REQUEST FOR COUNCIL ACTION MEETING DATE: lrL,I 11-20-06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works Q �3 ITEM DESCRIPTION: P PARED BY: Expand Residential Permit Parking Zone 6, 8°i Ave SW 700 Block K. D. Ruona This is a request to consider a petition from the residents of this neighborhood to establish residential permit parking on their street. This would be an expansion of existing residential permit parking Zone 5 (Edison School Area). The purpose of the Zone is to control parking of vehicles by nonresidents of the area. There are no current parking restrictions on this street segment. As indicated on the map below, 7 residential parcels abut the proposed zone. All of the parcels contain Single Family Dwellings. PICO 138A.03 requires the petition to be signed by owners or occupants of at least 75% of the residential units. Signatures from 7 of the 7 homes (100%) are included on the petition. The petition has been reviewed to meet the requirements of PICO 138A. An informational letter of this item was mailed to the property owners on November 2, 2006. Legend City of MN [Rochester, irrision Parking by Permit Residentialr_ Proposed Permit Parking Permit Parking one 6, Edison No Parking 7th St. SW 705 J O 713 N 7 gi Q 71B W 803 730 732 8th St. SW i COUNCIL ACTION REQUESTED: Add paragraph 7.1 to Section L, "Residential Permit Parking", Zone 6 (Edison School Area) of the Comprehensive Traffic and Parking Resolution, to read as follows: 7.1 8th Ave SW, from 7th St SW to 8th St SW, on both sides, from 8 AM to 4 PM, Monday through Friday. COUNCIL ACTION: Motion by: second by: to: Petition for Installation of Residential Permit Parking We the undersigned residents or owners hereby petition the city council to create a residential permit parking zone 8:00 am to 4:00 pm, Monday through Friday, on 8`s Avenue SW between 7`a Street SW and 8`s Street SW. Informational note: The current cost for permits is $5.00 for the initial application, plus $5.00 per vehicle per year. Generally only residents of property along this zone will be able to purchase permits. If there are employees who work at property along the zone, they will also able to purchase permits. Temporary permits (for residents' guests) are also available. Permits are issued at the City Clerk's office. Printed Name Signature Address Include Apt. Number Phone 1. `ii a 6zhven6eck 713 8" ,4vr : i&L) a87- &sc�j 2. ,r WIC'• 4� /' S try z5-Z qgp CW�� 7a Sr' ✓ ., L G. 0_7 J1 4. SU �� 3� M �Sw Z I D 5. /Z. t-e C� ec �.-9-1y ,� 71 9 r" kr� btu , 2,O .Ilya( 6. JIh - 9 ` Q 5tO dki- 9oz 7. �eb.n �M /�h,r ni 73 8Avc SN• J 53(0 -475O 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. REQUEST FOR COUNCIL ACTION MEETING 11-20-06 DATE: 3ENDA ORIGINATING DEPT: PUBLIC WORKS ITEM NO. t) •3y CONSENT AGENDA ITEM Parking Management Contract with Republic Parking PREPARED BY. Systems/ Extension for 2007 (Option Year 3) A KNAUER Republic Parking System (RPS) provides management and operation of five parking ramps and five parking lots owned by the City. The contract provides a5 year base plus 5 option years. The base contract ran through 12/31/2004. The first option yearwas 20D5. The contract provides for a management fee comprised of a base amount plus a percent of net operating revenues over $1 million . The management fee must cover a number expenses defined in the contract. RPS has provided good management of the facilities and program over the course of the contract. The Parking System Assessment by Carl Walker gave the management and operations very high marks. The City and RPS just completed the install of credit card in and out and all new revenue and access control equipment as well as ongoing restoration projects and the expansion of Civic North lot. Both the Republic and the City are learning the new software for the new system. Republic is also very active with the downtown market setting up for street closing. RPS employs 32 individuals in their Rochester operations. Staff and RPS have negotiated an extension for2007 There would be no change to the managementfee. In 2005 the City added Zumbro Market and the Power Plant Lot to the contract. The contract calls for RPS to provide liability insurance for property and personal injury. Insurance is not a pass through expenses but rather covered under the management fee. During 2005 negotiations RPS requested that the City provide insurance and snow plowing for Zumbro Market and Power Plant lots which were added to the original contract.. These exceptions to insurance and snow plowing would continue. One contract change is proposed for 2007 conceming liability insurance for Mayo Ball Field during events where RPS is neither in control or collecting revenue such as Honker's games and special events. For example the lot has been closed off for vendors during concerts. RPS has asked that the City provide an exception to their insurance coverage during such events. Staff recommends including this exception with the contract extension through 2007. REQUESTED COUNCIL ACTION Adopt the prepared resolution approving an extension of the parking management contract for option year #3 with Republic Parking Systems of Chattanooga, Tennessee through 12/31/2007 with the changes providing exceptions for liability coverage during events at Mayo Field when no revenue is collected and/ or Republic Parking Systems is not providing event management. DUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING 11-20-06 . DATE: lip } AGENDA CONSENT AGENDA ORIGINATING DEPT: ITEM NO. PUBLIC WORKS ITEM DOWNTOWN PARKING CHANGE/ 15 MINUTE PASSENGER/ I PREPARED BY: COMMODITY LOADING / 3 AVE NW 10 BLOCK A KNAUER c A new Caribou Coffee has leased space in the Kahler Inn and Suites in the 10 block of 3`d Ave NW. They have requested a 15 minute passenger/ commodity loading at their frontage which is currently three 30 minute parking meters. The entire block frontage beginning from Center Street going north has three 30 minute meters, four passenger/ commodity loading spaces and two 30 minute meters. The block includes the hotels main entrance with significant hotel shuttle activity plus a Jimmy Johns Sandwich Shop which also has demands on the loading zones. Staff recommends approval of the request. REQUESTED COUNCIL ACTION Adopt the prepared resolution amending the "Comprehensive Parking and Traffic Resolutions Book" per the following description. 1. Amend Section I Zone C "30 minute meters" Paragraph 22.1 to read as follows; " 3`d Ave NW in the 10 block on the west side — the first two spaces north of Center and the first two spaces south of 1" Street NW." 2. Amend Section J "Passenger Commodity Loading" Paragraph 6 to read as follows: " 3rd Ave NW in the 10 block on the west side mid block -5 spaces" COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11 /20/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. onsent Agenda F]RE 1) _ S( D EM DESCRIPTION: PREPARED BY: Approval of bidding process for land preparation for Station 5 Curt Pronk The Rochester Fire Department is proceeding with plans to construct a fifth fire station. We are seeking approval to solicit bids from contractors to complete the excavation and land preparation of the 28`h Street SE site. This process is contingent upon the approval of the site plan and conditional use permit presented by the seller of the property to the City Council. III COUNCIL ACTION REQUESTED A motion to adopt the prepared resolution authorizing the City Clerk to advertise for bids for the excavation and land preparation of the Station 5 site. OUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11/20/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Administration D. 3 ITEM DESCRIPTION: Amended Purchase Agrement Old Fire Station #3 PREPARED BY: Doug Knott On June 28, 2006, the Council approved a purchase agreement in the amount of $312,000 with Construction Collaborative for the sale of old Fire Station # 3, located at 1708 2"d Street SW. The sale was to have closed by August 30, 2006. In the process of updating the abstract for the property, a gas company easement that encompassed nearly the entire site was discovered. The purchaser was not able to close until the easement was released. The gas company has agreed to the release of the easement but due to the delays, the purchaser has lost the current construction season. The Purchase Agreement provides that the closing may be extended by the mutual agreement of the parties. Staff recommends extending the closing date to March 16, 2007. All other terms and conditions remain the same. COUNCIL ACTION REOUESTED: Amend paragraph 6 of the Construction Collaborative Purchase Agreement to extend the closing date to March 16, 2007 with the Mayor and Clerk authorized to sign any necessary documents. WUNCIL ACTION: motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11 /20/06 AGENDA SECTION: ORIGINATING DEPT: I ITEM Works EM DESCRIPTION: Revocable Permit —Lot 45, Block 1, Cascade Ridge Subdivision — PREPARED BY: Retaining Wall within Utility Easement M. Nigbur-' Corey & Angela Eischens, the Owners of the property described as Lot 45, Block 1, Cascade Ridge Subdivision, have requested the City issue a revocable permit for the placement of a retaining wall within the 5-foot public utility easement sidewalk located along the southeasterly 5 feet of said Lot 45. The retaining wall will extend approximately 4 feet 2 inches into the subject easement and will be built at a maximum height of 7 feet within the subject easement. Owners will install and maintain the retaining wall at their own expense. Owner will also be responsible for the cost to remove and reinstall the retaining wall, as well as any damages to public facilities. Owners will also be required to grant to the City a temporary easement, free of charge, on their property for the space needed to effectively remove said retaining wall, or to maintain/repair the utilities located within the said easement. Staff has reviewed the request and would recommend in favor of granting a Revocable Permit subject to obtaining a building permit for the retaining wall. The Owners have executed a Revocable Permit which includes the standard language for revocation and liability protection for the City. 26`r Avenue NW COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the revocable permit with Corey & Angela Eischens to allow the placement of a retaining wall within the 5-foot public utility easement sidewalk located along the southeasterly 5 feet of said Lot 45. OUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 11/20/2006 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda/Organizational Business Finance Department D_ 3 ITEM DESCRIPTION: Authorize Execution of Subscription Services Agreement with PREPARED BY: GovDelivery, Inc. Dale Martinson The use of the City's website, (www.rochestermn.gov) has seen steady growth in its use from its humble beginnings in 1995. Current use statistics reflect something over 2,500 unique visitors per day. It is a very efficient way to deliver services to our citizens at any time of the day or night. Recently, our site has undergone yet another "facelift" as our team of information systems staff and cross -departmental committee seek to improve this tool. One new application that the web team is requesting to utilize is called GovDelivery. It is a subscription service in which citizens can sign up for various email distribution lists so that we can automatically send them an email when new information relative to a specific topic is posted on our website. It can also be used as a distribution list for newsletters sent out either by an individual department or division, or by the Council if they so desired. Some citizens, for example, might want to be notified when the new sign-ups for softball league registrations are open. Some vendors might want to be sent a notice when bid documents for road projects are available for download. Other citizens might want to be sent an email when the annual surplus equipment sale is again open and to see the list of equipment offered and guidelines for bid submission. Email notification of these examples and more can be automated through the implementation of the GovDelivery service. The City's web committee is strongly recommending proceeding with this service. The initial $5,700 cost for set-up can be funded through our website improvement CIP (J#2042) while the ongoing maintenance fee of $550 per year has been spread across the many departments through the annual "information systems charge" set in the recommended 2007 budget. The City Attorney's office has reviewed the subscription services agreement that needs to be executed in order to proceed with implementation of this service. RECOMMENDED COUNCIL ACTION: Authorize the Mayor and City Clerk to execute the subscription services agreement with GovDelivery, Inc. for implementation of the GovDelivery software on the City's website. COUNCIL ACTION: Motion by. Second by: to. REQUEST FOR COUNCIL ACTION MEETING L DATE: 11-20-06 AGENDA SECTION: ORIGINATING DEPT: ITEM-N O./ PUBLIC HEARINGS PLANNING ITEM DESCRIPTION: Type III Phase III Conditional Use Permit #06-29 and Type III, PREPARED BY: Phase I Variance #06-22, by Williams Family Partnership. The applicant is Mitzi A. Baker, requesting approval to place fill in and excavate in the Flood Prone district and Senior Planner to excavate in the Floodway district to accommodate development of property. The applicant is also requesting approval of an Excavation Permit as an Exempt Activity, and Variances. The property is located east of the Menard south store, east of the current terminus of 28th St. SE and north of TH 52. November 16, 2006 Typically, a Variance filed with a Conditional Use Permit is heard and acted on by the City Planning and Zoning Commission, under the "concurrent review" standards of the Ordinance. The Williams CUP includes a request for a Variance to standards in the Flood Districts, to vary the requirement for no net loss of capacity for flood storage associated with the development activity. The Rochester Zoning Ordinance and Land Development Manual specifies a process for requesting a Variance to the Flood District Regulations, which is different from other Variance. This type of Variance requires a Type III, Phase III process, with review and recommendation made by an advisory board and the public hearing and final decision by the City Council. Staff erred in concluding that the Planning and Zoning Commission would make the decision on the Variance to Flood District regulations. The City Council must hold a public hearing to consider the Variance to Flood District Regulations and make the final decision. Since that is the case, this item will need to be continued to December 11, 2006 to allow proper publishing and notification of the Variance request. Please note that the Variance to Flood District regulations was not included with the original application submittal, it was ,termined very late in the review process that such a Variance would be pursued by the Applicant. Council Action Needed: 1. CONTINUE TO DECEMBER 11, 2006. Distribution: 1. City Administrator 2. City Attorney: Legal Description Attached 3. Planning Department File 4. Applicant: This item will be considered some time after 7:00 pm in the Council/Board Chambers at the Government Center on Monday November 20, 2006. COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING l 11 DATE: 11-20-06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. UBLIC HEARINGS PLANNING L ,. 2 ITEM DESCRIPTION: Presentation and Adoption of the Fourth Mayo Medical Center and PREPARED BY: the First Mayo Support Campus Special (Zoning) District 5-Year Plan Updates Jeff Ellerbusch Senior Planner November 15, 20D6 City Planning and Zoning Commission Recommendation: The Planning Commission was presented with the Five -Year Plan Update at a public hearing on October 25,2006. The ordinance -required presentation was introduced by Mr. Donald DeCramer, Mayo Facility Services, and made to the Commission by Mr. John Waugh, architect, from the firm of Ellerbe Beckett. This time the five-year plan presentation doubles -up and also reports on the potential projects for the Support Services Campus Special District (former Western Digital site) adopted in 2003 after the last five-year update. The Commission received no testimony form the public after the presentation was made. The Commission closed the public hearing. Mr. Haeussinger moved to recommend approval of the Mayo Medical Center and Mayo Support Campus Five -Year Plan Update as presented. Mr. McGuine seconded the motion. Motion carried 8-0. Council Action Needed. 1. As required by Chapter 64.D and 64.N of the Rochester Zoning Ordinance and Land Development Manual, the City Clerk will need to publish a notice of Public Hearing on this matter no later than November 10, 2006 in the Rochester Post Bulletin. 2. After receiving the presentation of the Five -Year Plan Update at a public hearing, the Council shall approve the plan presented unless it makes a finding that the proposed plan document is inconsistent with the master planning documents. The purpose of the Five - Year Plan Updates is, according to the special district ordinance, to inform the City of projects which may have an impact on capital improvement programming and infrastructure needs. 3. If the Council wishes to proceed with acceptance of the Five -Year Plan Update, it should instruct the City Attorney to prepare a resolution adopting the document referenced as Five Year Plan Update, Medical Institutional Campus Special District Mao Su ort Campus Special District September 8.2006. s `N1 Attachments: 1. Nine printed copies of the plan document for the Council members and Administrative Staff. A complete copy is available on the internet at http://www.co.olmsted.mn.usAinks/agendas for the rochester olannino and zoning commission.aso 2. Copy of the 10/25/06 CP&ZC minutes 3. Copy of Planning Department report, dated 10/17/05 COUNCIL ACTION: Motion by: Second by: to: l RG !ESTER-OLMSTED PLANNING DE% naw 2122 Campus Drive SE, Sufte 100 - Rochester, MN 55904-4744 COUNT, OF www.olmstedcounty-mm/planning TO: Rochester Planning And Zoning Commission FROM: Jeff Ellerbusch, Senior Planner i� DATE: October 17, 2006 J -.:.:. i+i:��iina�l ISO.- man Aa,l 7.�,uisi� RE: Mayo Medical Center and Mayo Support Campus Five Year Plan Updates BACKGROUND In March of 1991, the City of Rochester adopted a special overlay zoning district and regulations called the "Medical Institutional Campus Special District (Ordinance #2726). The special district, as adopted, has specific zoning boundaries that include the area in and around the downtown medical campus and also the St. Mary's Hospital property to the west. The special regulations of the district are applicable to only those properties in the ownership of the Mayo Foundation within the district boundaries. The underlying zoning regulations remain in place for properties not owned by Mayo and for the use of Mayo property not superseded by the special district regulations. In August of 2004, an amendment to Ordinance #2726 was adopted that revised the boundaries of the special district by removing three half -blocks along the east side of the downtown district between P and 6t° Streets SW. The "Medical Institutional Campus Special District" incorporated the adoption of a master plan for the Central (downtown) campus and the St. Mary's area. To aid the City in its infrastructure and growth planning efforts, the special district ordinance also requires the submission and adoption of short-term, or five-year development plan documents prepared by Mayo. The five-year plans recount the changes in the previous five years and report Mayo's potential building plans for the next five years. The heart of the five-year plan document is a List of all potential development projects that the Mayo Foundation may undertake in the upcoming five years. If a project is to be permitted under the special zoning regulations, It must appear in the five-year plan. The first five-year plan was adopted on August 6, 1991, the second five-year plan was adopted on August 5, 1996 and the last plan update was adopted by Resolution (635A-01) on October 15, 2001. All projects instituted by Mayo in the past five years were originally identified on the 2001 plan, therefore no update or modification to the existing five-year plan was necessary. The time limit on the plan has now expired, and the Mayo Foundation has prepared a new five- year plan that will run through year 2011. The special district regulations state that the adoption process for a new or amended five-year plan must include public hearings before the City Planning and Zoning Commission and the City Council. Section 64D.300 of the Medical Institutional Campus Special District special ordinance requires the Mayo Foundation to make presentations on the plan updates to both the CPFtZC and the Council. The CPFtZC is responsible for making a recommendation to the Council. The five-year plan must be approved unless it is found to be inconsistent with the master plan. The projects in the new five-year plan are all consistent with the master plan document. Not all projects in the five-year plan will be constructed and there is carryover of projects between the present and new plans. On January 22, 2003, the City of Rochester adopted a second special zoning district applicable to Mayo -owned property under Chapter 64N of the Rochester Code of Ordinances This special BUILDING CODE 507/285.8345 - GIS/ADDRESSINGIMAPPING 507/295-E232 • HOUSINGMRA 507/285-a224 PLANNING20NING 507/285-8232 • WELLISEPTIC 507/2a5-8345 r /n FAX 507/287-2275 AN EQUAL OPPORNNnY/AFFIRMATIVE ACTON EMPLOYER district applies only to the former Western Digital property situated along the east side of West Circle Drive (CSAH 22) northerly of 41' ST NW and is called "Mayo Support Campus Special District". Chapter 64N, Section 64n.300, Subdivision 3 states that "...five years following the adoption of the Mayo Support Campus Special District, but synchronized with the downtown Medical Campus review periods, the status of all documents shall be reviewed. The Mayo Clinic shall make a presentation of plans to the Rochester Planning and Zoning Commission and the Rochester Common Council beginning in 2006." Enclosed is a bound original copy of the new five-year plan document dated September 8, 20D6, which is now presented to meet the plan update requirements of both special districts - Chapter 64D (Medical Institutional Campus Special District) and Chapter 64N (Mayo Support Campus Special District). Please note that the "Part 10" of the document contains copies of the three ordinances that established and amended the special zoning districts. REQUIRED ACTION The Commission shalt receive the presentation by the Mayo Foundation of the five-year plan update at a public hearing. Following the presentation and the closure of the hearing, the Commission shall make a recommendation on the document to the Rochester Common Council. The Council is scheduled to consider this matter at a hearing on November 20, 2006. ATTACHED 1. Complete Copy of the Five Year Plan Update Document as Provided by the Mayo Foundation Page 8 City Planning and Zoning Commission Minutes Hearing Date: October 25, 2006 Plan Update (2006-2011) Mr. Jeff Ellerbusch presented the staff report, dated October 17, 2006, to the Commission. The staff report is on file at the Rochester-0Imsted Planning Department. Page 9 City Planning and Zoning Commission Minutes Il Hearing Date: October 25, 2006 Mr. Donald DeCramer (residing at 2720 Ridgewood Ct SE, Rochester MN 55904), employee of Mayo Clinic Facilities Services, addressed the Commission. He stated that Mr. John Waugh of Ellerbe Becket would be making the presentation of the master plan and would discuss the drawings in detail. This master plan is on file at the Rochester -Olmsted Planning Department. He explained that this is the third master plan since 19B1 and explained the purpose of creating said master plans. The presentation included: • Campus boundary plans and sub -district boundaries • Mayo property ownership • Building floor area • Employee distribution • Comprehensive transportation and parking strategies and plan • Loading and materials handling programs and enclosed pedestrian circulation plan plans • Utility infrastructure • Campus landscape and green space plans • Potential projects in the next five-year period Mr. Wallace asked what area the Charter House would be described in. Mr. Waugh responded the support category. Mr. DeCramer explained that they have been working very closely with the Kutzky Park Neighborhood Association and Imagine Kutzky. With no one else wishing to be heard, Mr. Burke closed the public hearing. OTHER BUSINESS: 1. As may be brought up with members Ms. Rivas expressed concern with 371h Street NW. Mr. Hanford stated that Mr. Klement that he would discuss Ms. Rivas' co Mr. Wheeler asked that the Commissio rr Sand and Gravel before the weather ant application has been submitted and Igo Ms. Rivas asked if an elevation or the site. of merchandise outside at Carousel Floral on discussions with the property owners. He stated :h Mr. Klement. take time to schedule a tour of the Rochester it is not in operation. He explained that an the Commission in December. created to show the resident's home and Mayo 5 Year Plan Update A copy is available on the internet at: http://www. co.olmsted.mn. u s/Iinks/agendas_for_th e_roch ester—Planning_an d _zonin g_commissio n. asp Instructions• I. Click on the October 25, 2006 agenda 2. Click on the hyperlink on the agenda that refers to the Mayo Medical Center 5 Year Plan Update REQUEST FOR COUNCIL ACTION MEETING l,; DATE: 11-20-06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. ^UBLIC HEARINGS PT ANNING E 2 EM DESCRIPTION: Zoning District Amendment Petition #06-07 by S & P Brick. The land PREPARED BY: is currently zoned I (Interim) District and the applicant proposes to designate the 4.01 Theresa Fogarty, acres M-1 (Mixed Commercial -industrial) District. The land is located between Bear Creek Senior Planner and Marion Road SE and north of 2430 Marion Road SE. November 14, 2006 City Planning and Zoning Commission Recommendation: The City Planning and Zoning Commission held a public hearing on October 25, 2006, to consider the zone change request by S & P Brick to rezone approximately 4.01 acres to the M-1 (Mixed Commercial -Industrial) district. The Commission reviewed the zone change request based on the criteria as included in the staff report and recommended approval, with staff suggested findings. Mr. McGuine moved to approve Zoning District Amendment #06-07 by S&P Brick with staff -recommended findings. Mr. Haeussinger seconded the motion. The motion carried 7-0, with Mr. Ohly abstaining. Planning Department Recommendation: See attached staff report dated October 19, 2006. Council Action Needed. 1. The Council may approve or deny this petition. The Councils decision must be supported by findings based on the criteria listed in the staff report If the Council wishes to proceed with the 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. Attachments: 1. Staff Report dated October 19, 2006. 2. Minutes of the October 25, 2006 CPZC Meeting .' Distribution: 1. City Clerk 2. City Administrator 3. City Attorney. Legal Description attached 4. Planning Department File 5. Applicant: This Rem will be considered sometime after 7:00 p.m. on Monday, November 20, 2006 in the Council Chambers at the Rochester! Olmsted County Government Center. COUNCIL ACTION: Motion by: Seoond by: to: ZONING EXHIBIT DESCRIPTII7N; SEE ATTACHED NW COR. S 1/2 !, NW 1/4 NE 1/4 SEC. 17-106-13 —N UNE S 1/2 NW 10111021 W � S&P� BRICK, INC. 3705 S.W. ENTERPRISE DRIVE ROCHESTER, Wq 55902 /4 NE 1/4 t3�6S/�REEK S. LINE 5 1/2 NW 1/4 NE 1/4 9 4 1 Y = 200, n Avx aY, KLC nnrz, 09/11/06 1023C/5574 add Na EK. PG. W 3, ROF:HESTER-OLMSTED PL.ANNL'VG DEPARTMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 COUNTY OF www.olmstedcounty.com/planning TO: City Planning and Zoning Commission FROM: Theresa Fogarty, Senior Planner DATE: October 19, 2006 ��.rr�dvan'A RE: Zoning District Amendment Petition #06-07 by S & P Brick. The land is currently zoned I (interim) District and the applicant proposes to designate the 4.01 acres M-1 (Mixed Commercial -industrial) District. The land is located between Bear Creek and Marion Road SE and north of 2430 Marion Road SE. CP & ZC Hearing Date: October 25, 2006 Planning Department Review., Petitioner: S & P Brick 3705 Enterprise Drive SW Rochester, MN 55902 Consultant: McGhie & Betts, Inc. 1648 Third Avenue SE Rochester, MN 55904 Existing Land Use: The property is currently undeveloped land. This property is located within the boundaries of the Rochester Urban Service Area Land Use Plan. The land use designation for this area is "Commercial' use. Proposed Land Use: The applicant has submitted a General Development Plan designating 31.11 acres for uses permitted in the M-1 zoning district. The General Development Plan will be considered concurrently with this zoning district amendment request. Adjacent Land Use and North: Wildwood Meadows Townhome Subdivision, Zoning: zoned R-1 x (Mixed Single Family Extra) District on the City of Rochester Zoning Map. Bear Creek separates this subdivision and the proposed M-1 zoning district amendment request. South: A part of the proposed S & P Brick General Development Plan zoned M-1 (Mixed Commercial - Industrial) on the City of Rochester Zoning Map. South of (CSAH 36) Marion Road zoned R-1 (Mixed Single Family) on the City of Rochester Zoning Map. BUILDING CODE 507/285-8345 • GISIADDRESSINGIMAPPING 5071285-8232 • HOUSINGIHRA 5071285-6224 PLANNING/ZONING 507/285-8232 • WELVSEPTIC 507/285-8345 FAX 5071267-2275 2`fl� AN EQUAL OPPOR7UNIN/AFFIRMA7IVE ACTION EMPLOYER i Page 2 Zone Change #06-07 S & P Brick I to M-1 October 19, 2006 Adjacent Land Use and East: Single family subdivision known as Fair Oaks Zoning (continued): Subdivision, zoned R-1 (Mixed Single Family) on the City of Rochester Zoning Map. Southeast - Marion Road Commercial Center approved GDP, zoned M-1 (Mixed Commercial -Industrial) district on the City of Rochester Zoning Map. West: Single family subdivision known as Cedar Park Subdivision, zoned R-1 (Mixed Single Family) on the City of Rochester Zoning Map. Roadway Access: Access to this site will be from Marion Road SE, with access points being reviewed through the General Development process. The two access openings from CSAH 36 (Marion Road) shall be combined into one access. Access including turning lanes and bypass lane shall be required per the Access Management Ordinance. Wetlands: Minnesota Statutes now require that all developments be reviewed for the presence of wetlands or hydric soils. 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. Referral Comments: 1. Planning Department — Wetlands LGU Representative 2. Olmsted County Public Works — County Engineer Report Attachments: 1. Proposed Zoning Map 2. Location Map / Existing Zoning Map — adjacent properties 3. Referral Comments (2 letters) 4. Neighborhood Meeting notes 5. Letter from property owner, dated October 18, 2006. Analysis for Zoning District Amendment. 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: 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; 09' Page 3 / Zone Change #06-07 S & P Brick I to M-1 October 19, 2006 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. This property is located within the boundaries of the Rochester Urban Service Area Land Use Plan. Land Use Designations within this area are considered to be "Commercial". Rezoning this property to the M•1 (Mixed Commercial -industrial) district is consistent with the land use plan and would serve to better further the policies and goals of the Comprehensive Plan. Rezoning the property promotes the development of commercial uses consistent with the Land Use Plan. 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 The M-1 zoning will be appropriate on the subject property and compatible with adjacent properties and the neighborhood. 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). The proposed amendment does not involve spot zoning since it is consistent with the policies of the Comprehensive Plan. Staff Recommendation: Based on the above -mentioned findings, it would appear that this zoning district amendment would meet the above criteria. Ic Page 6 City Planning and Zoning Commission Minutes Hearing Date: October 25, 2006 Ms. Swanson expressed concern that the buffer was not Mr. Burke stated that the Ci�Council would d action. With no one else wishing to be north of 2430 Marion Rd., SE. addressed. discrepancy and take appropriate urke closed the public hearing. AND General Development Plan #273, by S & P Brick. The plan covers approximately 31.11 acres located between Bear Creek and Marion Road and includes a portion of the property located at 2430 Marion Rd., BE. Mr. John Harford presented the staff reports, dated October 19, 2006 and October 25, 2006, to the Commission. The staff reports are on file at the Rochester -Olmsted Planning Department. Mr. Harford explained that there is an issue regarding access to the site and that there are conditions of approval that the Commission must address before taking action on the General Development Plan. The applicant's representative, Ms. Kristi Clarke from McGhie and Betts, Inc. (1648 Third Avenue SE, Rochester MN 55904), addressed the Commission. The General Development Plan process now has to show 80 acres even though the property is not owned by the same property owner. She explained that the County Engineer was concerned with two access points but indicated that they only had control over their own property at which there is only one access point. The access points were note moved from the original general development. She explained that she will be working with the County Engineer on the conditions. Ms. Clarke stated that the City Land Use Plan shows the area as Industrial. She showed the floodway boundary. The floodway will remain R-1. She stated that they comply with the Shoreland Ordinance. She showed where the hydric soils were located. Ms. Clarke stated that the applicant is in agreement with the staff -recommended conditions. Ms. Nancy Brehmer (residing at 2217 Cedar Park Ct SE, Rochester MN 55904) addressed the Commission. She expressed concern regarding wildlife, dust, and safety. She asked that the buffer be as large as possible. She stated that she would prefer that the applicant put in Spruce trees to block the sound and dust. Also, she asked that a chain link fence be put around the pond. v Page 7 City Planning and Zoning Commission Minutes N Hearing Date: October 25, 2006 Mr. Burke asked staff what buffer there would be. Mr. Harford stated that it depended on the type of land use in the development. It could be anywhere from 10 feet to 35 feet wide. Mr. Gregory Wright (residing at 2250 Cedar Park Court BE, Rochester MN 55904) addressed the Commission. He stated that he has lived in his home since 1978. He stated that he was not very knowledgeable about the zoning requirements. He stated that, since it is commercial zoning next to residential it should have a larger buffer than 10 feet. He expressed concern about Commercial development lowering the value of his home. Mr. Burke stated that the narrower the buffer, the more trees they need to plant. Ms. Rivas stated the City of Rochester Zoning Ordinance and Land Development Manual is on the internet and that there is a section that explains bufferyards. Discussion ensued regarding when detailed landscaping would occur. Mr. Wright stated that the neighborhood would help planting the bufferyard. They are just requesting that the bufferyard be placed in the plan (in writing). Mr. Wheeler clarified that bufferyards are not negotiable criteria. The City of Rochester Zoning Ordinance and Land Development Manual regulates the requirements of when bufferyards are required and what the minimum bufferyard would need to be. Ms. Clarke stated that they have built in a bufferyard of 30 feet. Mr. Jim Baier (Chairperson of the Marion Township Board) addressed the Commission. He expressed concern about burning occurring on the land already. He indicated that there are witnesses of tires being bumed on site. He indicated that he contacted the Fire Department but did not get a response. Therefore, he called the MPCA. He stated that the applicant has not followed policies and procedures (grading without a grading plan & burned on site without burning permits). He asked that the Commission hold the applicant to the staff -recommended conditions. With no one else wishing to be heard, Mr. Burke closed the public hearing. Page 8 City Planning and Zoning Commission Minutes 143 Hearing Date: October 25, 2006 the Property other than what has I application review for the Site Dev 2. Execution of a City -Owner Contrai easements is required priar.to car phase of this development 3. The requiremerit:for pedest�iae fa p Static water pressure viitttic► this "_ grades. The. buil'dings=sfral i ` a water meters as r q redk �ii & � TurtSur�Fai�ee anb�ypass lanes Qrdinance affhe,ria ersection of ,; �oiiit the Cleve operas respons uvUinin$and ti}np-ass7a6es = 7` mydnc'soils e>tist di the siteacc "onshleforiden"wet R <t k e ioadecjuate on and off i tyntMludmg Sanitary a rre t' F cnitia 0 deve ,a�aeil'has�d gsriiiBe at a1 .ram: devel�opmetit; t4°ern , tea akaerg'•ttiese iraad�egra u#a?i y.y terrinto a Qeuelomem ' "Pk . rleVelapmeat appravl �Seol odtlings the de nttr „ystarrirwaferbui` ud maintenance, of'arty p�riv tk L improrremeats (ipclgdu� Q development); pe�astrianclliti infrastructure, and the ezen"slot applicable. Mr. Jeff Ellerbusch presented the staff report, d d October 17, 2006, to the Commission. The staff report is on file at the Rochester-OlmstediPlaNing Department. Minutes of the Neighborhood Informational Meeting for S & P Brick On September 26, 2006, 7:00 p.m. at Longfellow Elementary School It Attendance: See attached attendance list Purpose: The purpose of the meeting was to introduce the proposed General Development Plan and Zone Changes of M-1 on 18.6 and to answer questions and document concerns or issues that may need further investigation or consideration. General Discussion: Mr. Zemke, representing McGhie & Betts, Inc. introduced the General Development Plan and zone change for S & P Brick and the process for submitting and reviewing the plans. He discussed the purpose of a neighborhood informational meeting and outlined the dates and locations of the next two public hearings to be held on October 25, 2006 and November 20, 2006. He discussed the location for the storm water pond, the dust free surface for the proposed use of a brick storage yard, Bear Creek, the adjacent floodway, and the two approved access points along Marion Road. The following questions and comments were reviewed by he attendees and recorded by Mr. Zemke. Responses to the questions have been drafted and follow each question/comment. Questions and Answers: Question #1 What buffer is required between a B-4 to R-l? Answer #1 The bufferyard requirement would depend on the type of use. However, h pical uses would require a P, G, or H buffer. These types of uses would require a 10' to 30 'substantially landscaped area and some form or fence or berm.. Question #2 What is allowed in an M-1 zone? Answer #2 Mr. Zemke elaborated on a few allowed uses within the M-1 zone including the non production industrial use, which S & P Brick would fall under and then referred the neighbor to call Ms. Clarke to have a more detailed discussion and get a copy of that section of the code. Question #3 What is the least intense zoning district that would still allow 5 & P Brick to store brick on this site? .Answer #3 B-4 and M-1 and M-2 are the only zoning districts that allow non - production industrial uses. These zones have very similar restrictions. Although the B-4 zone has a slightly higher minimum landscape area, the B-4 zone also allows many more uses that would increase the overall commercial traffic substantially and typically have a longer day to night usage. Question #4 What is required to make a surface "dust -free"? Answer #4 Bituminous and concrete are the most commonly use dust free surfaces. Reclaimed bituminous has been used with differing degrees of success. Dave Schultz, representing S & P Brick, stated that they intend to fence the yard and are looking into a paving the drive areas. He also stated that most products will come into the site in semi trucks and go out on tandem trucks. \0 TG SWANSON EXCAVATING, INC. 2408 MARION ROAD SE ROCHESTER, MN 55904 507-289-0639 FAX #: 507-288-2882 October 18, 2006 Olmsted Planning/Zoning Department Attu: Mitsi Baker 2122 Campus Drive SE Rochester, MN 55904 RE: Zoning application for S & P Brick, Marion Road SE, Rochester, MN Dear Ms. Baker, I am writing regarding the meeting scheduled on October 25, 2006 for the zoning application for S & P Brick. My residence is directly next door, but I will be unable to attend the meeting as I will be out of town. However, I wanted to address my concerns about the zoning change: 1. If you approve the zoning change, S&P Brick will have a large volume of semi traffic in and out of the property on a daily basis (as well as truck traffic from Eagle Transport which is in the front portion of this property). I have already witnessed 50+ trucks per day coming in and out of the property. This increased traffic has caused a significant increase in dust and noise. When I added a shop to my property, I was required to add crushed bituminous to my driveway and access road for dust control, with only 10 trucks per day. I am asking that you require S&P Brick to provide dust control as well, in the form of paving the road used to access the property. 2. If you allow a zoning change to M-1, you will be allowing future industrial activity other than a brick yard. It is my understanding there is a zoning designation that would accommodate a brick yard, but would not allow for industrial properties. In the interests of the residential properties in the area, I would request that zoning designation be granted instead of M-1. Thank you for your time and consideration of my requests. Please call me if you have any questions. Best regards, FCCEI-VEDTimothy S anson_,_-- 1,p � WETLAND COMMENTS FOR DEVELOPMENT APPLICATIOI f� 1 Application Number: General Development Plan #273, by S & P Brick I ❑ No hydric soils exist on the site based on the Soil Survey ® Hydric soils exist on the site according to the Soil Survey. The property owner is responsible for identifying wetlands on the property and submitting the information as part of this application. ❑ A wetland delineation has been carried out for the property and is on file with the Planning Department. ❑ A wetland delineation is on file with the Planning Department and a No -Loss, Exemption, or Replacement Plan has been submitted to the Planning Department. ❑ A wetland related application has been approved by the City. This plan incorporates the approved wetland plan. ❑ No hydric soils exist on the property based on the Soil Survey. However, due to the location in the landscape, the property owner should examine the site for wetlands. The property owner is responsible for identifying wetlands. ❑ Other or Explanation: From John Harford Wetlands LGU Representative 141 G Fj PUBLIC WORKS DEPARTMENT 2122 CAMPUS DR SE - SUITE 200 ROCHESTER MN 55904-4744 www.oimstedpublioworks.com 507.285.8231 October 11, 2006 Jennifer Garness Planning Department Dear Jennifer: The Public Works Department has reviewed Zoning District Amendment #06-07 by S & P Brick and has the following comments: • Two access openings from CSAH 36 shall be combined into one access. • Access including turn lanes and bypass lane shall be required per the Access Management Ordinance. Sincerely, Michael Sheehan County Engineer MTS/bw c: S&P McGhie & Betts, Inc. rt T'IPWDATA\ENGINDOCOanning Zoning LetterslPLANZONE.DOC 5 AN EQUAL OPPORTUNITYIAFFIRMATIVEACTlON EMPLOYER Rn Administration Building Maintenance Surveying and Mapping Engineering Highway Maintenance Parks & Agriculture Solid Waste REQUEST FOR COUNCIL ACTION MEETING DATE: 11-20-06 PUBLIC HEARINGS - --- -- . PLANNING T-EM DESCRIPTION: General Development Plan #06-273 by S & P Brick. The pla approximately 31.11 acres located between Bear Creek and Marion Road and incl portion of the properly located at 2430 Marion Road SE. November 13, 2006 covers I PREPARED BY: des a Theresa Fogarty, Senior Planner NOTE: Criteria E.2 and Condition #8 in the staff report is not consistent with the executed Contribution Agreement signed by the property owner on August 18, 2006. Therefore, Criteria E.2 and Condition # 8 within the staff report has been revised. Added text will be shown as underline text. City Planning and Zoning Commission Recommendation: On October 25, 2006, the City Planning and Zoning Commission reviewed the Amendment to General Development Plan #273 to be known as S&P Brick. The Commission reviewed this proposal according to the criteria listed in Paragraph 61.215 of the Zoning Ordinance and Land Development Manual. Mr. McGuine moved to recommend approval of General Development Plan #273 to be known as S&P Brick with staff recommendations and findings. Ms. Riva seconded the motion. The motion carried 7-0, with Mr. Ohly abstaining. 1. Grading and Drainage Plan review and approval is required for future development of the Property other than what has been approved for the Property as part of the application review for the Site Development Plan SDP#D6-44. 2. 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 each phase of this development.I 3. The requirement for pedestrian facilities shall be addressed in the Development Agreement. The ROCOG 2035 Long Range Transportation Plan recognizes Marion Road as a Strategic Urban Arterial Road. Five feet ROW for bikeway adjustment would be needed on both sides of Marion Road. 4. Specific routing of utilities shall be addressed through the platting process and plan review. The water mains shall be looped and extended to adjacent properties per RPU-Water Division requirements. 5. Static water pressure within this area will range in the mid 80' PSI depending on final grades. The buildings shall install pressure -reducing devices near the domestic water meters as required by the MN Plumbing Code. 6. Turning lanes and bypass lane shalt be required per the Access Management Ordinance at the intersection of Marion Road and the commercial / industrial access point. The Developer is responsible for all costs associated with development of the turning and bypass lanes. 7. Nydric 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. _DUNCIL ACTION: Motion by: Second by: to: Page 2 A / RCA— GDP *273 S&P Brick 11 /13/2006 B. There are inadequate on and off site public facilities to accommodate development of the Property, in a manner other than as a storage Yard for bricks including Sanitary Sewer, Water, Public Roadways, and Storm Water Management Facilities. No other 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 (or any development approval beyond that shown as Phase "I" and Phase "2". if no plat is required), that outlines the developer's and City's obligations related, but not limited to: access, slorrrrwater management (including any obligations for off -site facilities), ownership & maintenance of any private outlots, open space & detention facilities, transportation improvements (including any off -site improvements necessary to accommodate this development), pedestrian facilities, contributions for existing & future public infrastructure, and the axtension of public utilities to abutting properties where applicable. Planning Staff Recommendation: See attached REVISED staff report dated November 13, 2006. Council Action Needed: 1. The Council may approve, approve with conditions, or deny the general development plan. The Council must make findings based on the criteria listed in Paragraph 61.215. 2. If the Council wishes to proceed with the general development plan as proposed, it should instruct the City Attorney to prepare a resolution for Council approval. Attachments: 1. Revised Staff Report dated November 13, 2006. 2. Minutes of October 25, 2006 CPZC Meeting. 3. Email notice from Rochester Public Works, indicating revisions needed. Distribution: 1. City Clerk 2. City Administrator 3. City Attorney 4. Planning Department File 5. Applicant: This Rem will be considered some time after 7:00 p.m. on Monday, November 20, 2006 in the Council / Board Chambers in the Government Center at 151 4th Street SE. Jim 600 ft. Notification Area of proposed General Development Plan and Zone Change located in Pt NE 1/4 Sec 17 Marion TWP GDP *273 and Zone Change #06-07 by S BP Brick PIN: 63.17.12.062547; 63.17.13.03W80; 63.17.13.035879 Council Want 4 (Pat Carr) Neighborhood Assoc: None / 10/09106 20STSE .._. UFROWN Olmsted County is not responsible for ommissions or enors contained herein. If discrepancies are found within this map, please notify the GIS Division, Rochester -Olmsted County Planning Department, 2122 Campus Drive SE, Rochester, MN 55904, (5n 28"232. OQ From: Freese, Richard [mailto:rfreese@ci.rochester.mn.us] Sent: Wednesday, November 08, 2006 8:14 AM To: Tointon, Bill Neumann, Gary; Nigbur, Mike; Baker, Mark; Svenby Brent +]ect: FW: s/p brick in marion township Bill: Gary Neumann asked me to respond to your e-mail Public Works referral comments to the Planning Department on GDP # 273 and the Condition # 8 of the General Development Plan # 273 approval are NOT consistent with Paragraph # 2 of the Contribution Agreement signed by the prith operty owner on August 18, 2006. In other words, Phase 2 can occur, Provided the use by S&P Brick is consistent wtheir proposed brick toraae use in Phase 1, prior to the public facilities being made adequate by the developer or the developer executing a Development Agreement. Paragraph 2 of the Contribution Agreement states that "Owner acknowledges that any development outside of the Project area approved as a part of this agreement will require the Owner to execute a City prepared Development Agreement for the entire Property." The Project area approved as a part of the Contribution Agreement is defined by Exhibit A of that agreement which is the 8.59 acres and shown as the Phase 1 and Phase 2 area on GDP # 273. rherefore, Condition 8 for GDP # 273 should be revised to state that 'There are inadequate on and off site public utilities o accommodate development of the Property in a manner other thana and for bricks as a ste including Sanitary fewer, Water, Public Roadways, and Storm Wator er Management Facilities. No other development will be allowed to )ccur until the City Council has determined that all required public facilities are adequate for said development. Uternatively, the developer may request to join with the City in making these inadequate public facilities adequate for the levelopment, and may enter into a Development Agreement, prior to the final Plat submittal for any development roval be and that shown as Phase "1 "and Phase "2" if no ofst is re wired that outlines the developer's and ity's obligations ... were applicable." t addition, the 9th bulleted item on the 9/18/05 letter form Brent Svenby regarding the denial of SDP # 06-44 should be aniared with the following: The Contribution Agreement states that "Owner acknowledges that any development outside Project area approved as a part of this agreement will require the Owner to execute a City prepared Development ment for the entire Property." The Project area approved as a part of the Contribution Agreement is defined by zhibit A of that agreement which is the 8.59 acres and shown as the Phase 1 and Phase 2 area on GDP # 273. om: Tointon, Bill [mailto:wtointon@mcghiebetts.com] /13/2006 'W ROCHESTER-OLMSTED PLANNING DEPARTMENT 6 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 C U"«TY OF_ www.oimstedcounty.com/planning TO: City Planning and Zoning Commission FROM: Theresa Fogarty, Planner DATE: November 13, 2006 (REVISED) Added text will be shown as underline text- Criteria E.2 and Condition #8 pteorA��■■�!5! �►�� in �I�i■�ii� �1 - RE: General Development Plan #06-273 by S & P Brick. The plan covers approximately 31.11 acres located between Bear Creek and Marion Road and includes a portion of the property located at 2430 Marion Road SE. CP & ZC Hearing Date: October 25, 2006 Planning Department Review. Applicant/Owner: S & P Brick 3705 SW Enterprise Drive SW Rochester, MN 55902 Consultants: McGhie & Betts, Inc. 1646 Third Avenue SE Rochester, MN 55904 Proposed Use: The Plan proposes lots for development of commercial / industrial uses. Land Use Plan: This property is located within the boundaries of the Rochester Urban Service Area Land Use Plan. The land use designation for this area is "Commercial" use. Zoning: A portion of the property is zoned M-1 (Mixed Commercial Industrial) and the northern 4.01 acres is zoned I (Interim) on the Rochester Zoning Map. The applicant has applied for a zoning district amendment to rezone the 4.01 acre parcel to M-1 (Mixed Commercial Industrial). The zoning district amendment request will be considered concurrently with this General Development request, Roadways: There are no new public roadways planned within this development. BUILDING CODE 5071285-8345 - GIS/ADDRES5INGMAPPING 5071285-8232 - HOUSINGMRA 5071285-8224 PLANNING20NING 507/285-8232 - WELUSEPTIC 507/285-8345 FAX 5071287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 GDP #06-273 S & P Brick Revised November 13, 2005 Roadways (continued): The driveway access points as proposed in the GDP are approximately between 260.280 feet apart which would not meet the spacing requirements of the Long Range Transportation Plan and the County Access Management Ordinance. Approval of a GDP cannot realistically impose access -closing conditions on abutting developed properties. Therefore, the applicant will not be required to meet the access spacing requirements of the Long Range Transportation Plan and the County Access Management Ordinance. In addition, tuming lanes and bypass lane shall be required per the Access Management Ordinance at the intersection of Marion Road and the commercial / industrial access point Pedestrian Facilities: The need for pedestrian facilities will be addressed in the required Development Agreement. The ROCOG 2035 Long Range Transportation Plan recognizes Marion Road as a Strategic Urban Arterial Road. Five feet ROW for bikeway adjustment would be needed on both sides of Marion Road. Drainage: A Grading and Drainage Plan has been approved for the Property as part of the application review for Site Development Plan SDP#06-44. Future development / grading of the Property other than that shown on the approved plan will require separate Grading and Drainage Plan review and approval. A Contribution Agreement for Storm Water Management Charges has been executed for this Property through the review process of Site Development Plan SDP#06-44. Wetlands: Minnesota Statutes now require that all developments be reviewed for the presence of wetlands or hydric soils. 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. Public Utilities: The property is within the Southeast Intermediate Level Water System Area, which is available along the north side of Marion Road SE. Static water pressures within this area will range in the mid 80' PSI depending on final grades. The builders must install pressure -reducing devices near the domestic water meters as required by the MN Plumbing Code. The water mains must be looped and extended to adjacent properties per RPU — Water Division requirements. Specific routing of utilities will be addressed through the platting process and plan review. A Q Page 3 GDP #06-273 S & P Brick Revised November 13, 2006 Parkland Dedication: The property will not be used for residential development; therefore there are no parkland dedication requirements. Referral Comments: 1. Rochester Public Works 2. RPU Water Division 3. Planning Department — Addressing staff 4. Planning Department — Wetland LGU staff 5. Planning Department — Transportation staff 6. Olmsted County Public Works Report Attachments: 1. Reduced Copy of General Development Plan 2. Location Map 3. Referral Comments (6 letters) 4. Proposed General Development Plan Narrative 5. Summary of Neighborhood Meeting 6. Letter from adjacent property owner, dated October 20, 2006. Summary.• This GDP includes approximately 31.11 acres of land for development of M-1 (Mixed Commercial Industrial) lots. Staff Suggested Findings and Recommendation: Paragraph 61.215 of the Rochester Zoning Ordinance and Land Development Manual lists the criteria for approval of a general development plan (see attached section from the newly adopted regulations, which became affective May 15, 1999. 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. This GDP proposes "commercial' uses. This is consistent with the "Commercial" land use designation for the property. A portion of the property is currently zoned M-1(Mixed Commercial - Industrial) on the City of Rochester Zoning Map. The applicant has applied for a zoning district amendment to rezone the 4.01 acre parcel to M-1 (Mixed Commercial Industrial. The zoning district established on this portion of the property shall be concurrent with the zoning district amendment request #06-07 as approved by the City Council. 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 density and /at sizes for the development appear consistent with the commercial designation on the Land Use Plan. Page 4 F� GDP #06-273 �`� S & P Brick Revised November 13, 2006 Criteria C. The mix of housing is consistent with adopted Land Use and Housing Plans Not applicable. 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 the subject and adjacent properties. The driveway access points as proposed In the GDP are approximately between 260-280 feet apart which would not meet the spacing requirements of the Long Range Transportation Plan and the County Access Management Ordinance. Approval of a GDP cannot realistically impose access -closing conditions on abutting developed properties. Therefore, the applicant will not be required to meet the access spacing requirements of the Long Range Transportation Plan and the County Access Management Ordinance. Turning lanes and bypass lane shall be required per the Access Management Ordinance at the intersection of Marion Road and the commercial /Industrial access point. The need for pedestrian facilities will be addressed in the required Development Agreement. The ROCOG 2035 Long Range Transportation Plan recognizes Marion Road as a Strategic Urban Arterial Road. Five feet ROW for bikeway adjustment would be needed on both sides of Marion Road. Criteria E. On and off -site public facilities are adequate, or will be adequate if the development is phased in, to serve the properties under consideration and will provide access to adjoining land in a manner that will allow development of those adjoining lands in accord with this ordinance. Street system adequacy shall be based on the street system's ability to safely accommodate trips from existing and planned land uses on the existing and proposed street system without creating safety hazards, generating auto stacking that blocks driveways or intersections, or disrupting traffic flow on any street, as identified in the traffic impact report, if required by Section 61.523(C). Capacity from improvements in the first 3 years of the 6-year CIP shall be included in the assessment of adequacy. The driveway access points as proposed in the GDP are approximately between 260-280 feet apart which would not meet the spacing requirements of the Long Range Transportation Plan and the County Access Management Ordinance. Approval of a GDP cannot realistically impose access -closing conditions on abutting developed properties. Therefore, the applicant will not be required to meet the access spacing requirements of the Long Range Transportation Plan and the County Access Management Ordinance. Page 5 / GDP #06-273 S&PBrick Revised November 13, 2006 Turning lanes and bypass lane shall be required per the Access Management Ordinance at the intersection of Marion Road and the commercial/industrial access point. The need for pedestrian facilities will be addressed in the required Development Agreement The ROCOG 2035 Long Range Transportation Plan recognizes Marion Road as a Strategic Urban Arterial Road. Five feet ROW for bikeway adjustment would be needed on both sides of Marion Road, 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 concurrenty has been evidenced. This property is within the Southeast Intermediate Level Water System Area. Specific routing of utilities shall be addressed through the platting process and plan review. The water mains must be looped and extended to adjacent properties, per RPU-Water Division requirements. There are inadequate on and off site public facilities to accommodate development of the Property, in a manner other than as a storage vard for bricks including Sanitary Sewer, Water, Public Roadways, and Storm Water Management Facilities. No other 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 or any development approval beyond that shown as Phase Y' and Phase 2" if no plat is required), that outlines the developer's and City's obligations related, but not limited to: access, stormwater management (including any obligations for off -site facilities), ownership & maintenance of any private outlots, open space & detention facilities, transportation improvements (including any off -site improvements necessary to accommodate this development), pedestrian facilities, contributions for existing & future public infrastructure, and the extension of public utilities to abutting properties where applicable. 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 each phase of this development. Page 6 GDP #06-273 S & P Brick Revised November 13, 2006 3. The adequacy of service standards development, other public facilities shall be based on the level of in Section 64.130 and the proposed phasing plan for Detailed construction plans will need to be approved for all infrastructure Improvements. 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. A Grading and Drainage Plan has been approved for the Property as part of the application review for Site Development Plan SDP#0644. Future developmentlgrading of the Property other than that shown on the approved plan will require separate Grading and Drainage Plan review and approval A Contribution Agreement for Storm Water Management Charges has been executed for this Property through the review process of Site Development Plan SDP#06-44. Criteria G. Areas in DEOZ will be managed in such a way as to maintain the quality and quantity of groundwater recharging lower acquifers and to protect discharge, interflow, and infiltration, and recharge processes taking place. Not applicable Criteria H. The lot, block, and street layout for all development and the lot density for residential development are consistent with the subdivision design standards contained in Section 64.100 and compatible with existing and planned development of adjacent parcels. The lot and block layout for the development shall be consistent with the Subdivision Design Standards for commercial development and will be reviewed for each phase of development. 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: f. Grading and Drainage Plan review and approval is required for future development of the Property other than what has been approved for the Property as part of the application review for the Site Development Plan SDP#06-44. 2. 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 each phase of this development. 3. The requirement for pedestrian facilities shall be addressed in the Development Agreement. The ROCOG 2035 tong Range Transportation Plan recognizes Marion Road as a Strategic Urban Arterial Road. Five feet ROW for bikeway adjustment would be needed on both sides of Marion Road. l Page 7 GDP #06-273 S & P Brick Revised November 13, 2006 4. Specific routing of utilities shall be addressed through the platting process and plan review. The water mains shall be looped and extended to adjacent properties per RPU- Water Division requirements. 5. Static water pressure within this area will range In the mid 80' PSI depending on final grades. The buildings shall install pressure -reducing devices near the domestic water meters as required by the MN Plumbing Code. 6. Turning lanes and bypass lane shall be required per the Access Management Ordinance at the intersection of Marion Road and the commercial / industrial access point. The Developer is responsible for all costs associated with development of the turning and bypass lanes. 7. 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. 8. There are inadequate on and off site public facilities to accommodate development of the Property in a manner other than as a storage vard for bricks including Sanitary Sewer, Water, Public Roadways, and Storm Water Management Facilities. No other 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 (or any development approval beyond that shown as Phase '7" and Phase `2". tf no plat is required), that outlines the developer's and City's obligations related, but not limited to. access, stormwater management (including any obligations for off -site facilities), ownership & maintenance of any private outlots, open space & detention facilities, transportation improvements (including any off -site improvements necessary to accommodate this development), pedestrian facilities, contributions for existing & future public infrastructure, and the extension of public utilities to abutting properties where applicable. NOTE. • if access to the Development area is changed from what is currently in use, the three existing addresses will need to be evaluated to see if they would still be valid addresses. Page 6 City Planning and Zoning Commission Minutes Hearing Date: October 25, 2006 Ms. Swanson expressed concern that the buffer was not properly addressed. Mr. Burke stated that the City Co�cil would discuss the di epancy and take appropriate action. With no one else wishing to be hear Mr. Burk losed the public hearing. Mr. Haeussinaer moved tr,.a n the m F_Vil l Mr. John Harford presented the staff reports, dated October 19, 2006 and October 25, 2006, to the Commission. The staff reports are on file at the Rochester -Olmsted Planning Department. Mr. Hanford explained that there is an issue regarding access to the site and that there are conditions of approval that the Commission must address before taking action on the General Development Plan. The applicant's representative, Ms. Kristi Clarke from McGhie and Betts, Inc. (1648 Third Avenue SE, Rochester MN 55904), addressed the Commission. The General Development Plan process now has to show 80 acres even though the property is not owned by the same property owner. She explained that the County Engineer was concerned with two access points but indicated that they only had control over their own property at which there is only one access point. The access points were note moved from the original general development. She explained that she will be working with the County Engineer on the conditions. Ms. Clarke stated that the City Land Use Plan shows the area as Industrial. She showed the floodway boundary. The floodway will remain R-1. She stated that they comply with the Shoreland Ordinance. She showed where the hydric soils were located. Ms. Clarke stated that the applicant is in agreement with the staff -recommended conditions Ms. Nancy Brehmer (residing at 2217 Cedar Park Ct SE, Rochester MN 55904) addressed the Commission. She expressed concern regarding wildlife, dust, and safety. She asked that the buffer be as large as possible. She stated that she would prefer that the applicant put in Spruce trees to block the sound and dust. Also, she asked that a chain link fence be put around the pond. lQ � Page 7 n r City Planning and Zoning Commission Minutes wHearing Date: October 25, 2006 Mr. Burke asked staff what buffer there would be. Mr. Hanford stated that it depended on the type of land use in the development. It could be anywhere from 10 feet to 35 feet wide. Mr. Gregory Wright (residing at 2250 Cedar Park Court SE, Rochester MN 55904) addressed the Commission. He stated that he has lived in his home since 1978. He stated that he was not very knowledgeable about the zoning requirements. He stated that, since it is commercial zoning next to residential it should have a larger buffer than 10 feet. He expressed concern about Commercial development lowering the value of his home. Mr. Burke stated that the narrower the buffer, the more trees they need to plant. Ms. Rivas stated the City of Rochester Zonina Ordinance and Land Development Manual is on the internet and that there is a section that explains bufferyards. Discussion ensued regarding when detailed landscaping would occur. Mr. Wright stated that the neighborhood would help planting the bufferyard. They are just requesting that the bufferyard be placed in the plan (in writing). Mr. Wheeler clarified that bufferyards are not negotiable criteria. The City of Rochester Zoning Ordinance and Land Development Manual regulates the requirements of when bufferyards are required and what the minimum bufferyard would need to be. Ms. Clarke stated that they have built in a bufferyard of 30 feet. Mr. Jim Baler (Chairperson of the Marion Township Board) addressed the Commission. He expressed concern about burning occurring on the land already. He indicated that there are witnesses of tires being burned on site. He indicated that he contacted the Fire Department but did not get a response. Therefore, he called the MPCA. He stated that the applicant has not followed policies and procedures (grading without a grading plan & burned on site without burning permits). He asked that the Commission hold the applicant to the staff -recommended conditions. With no one else wishing to be heard, Mr. Burke closed the public hearing. N Page S City Planning and Zoning Commission Minutes Hearing Dace: October 25, 2006 the Property other than at has been approved for the Property as part of the. . application review for the Site Development Plan SDp#A6 44. 2. Executiort.of a City Owner Contract and dedication-cf atly apptcabie otfisileptltilc easements is required prior to coirstrueficn of any pu .11, rafrastructure to seSve:each,.', phase of this development 3. The requirement for pedestrian facilities sltall be addressed ur the ileut;k went Agreement The ROCOG 2dU Long.-EW a T ns 0 P.R.Plan. recount es pltat�am Road as a. Strategic Urban Arterial Road fitve fleet ROtiV for�}ikeway ad)ustren#' i would be needed on both sides of Mariotf_'Road 4. Specific routing af'uiitit'as shall be addressed fhroe4g}a the piatla rig pr4r.�ss artd.plan �' review. The water mains shall he Iodped and exterfded to adra( ant properiiss pat, _ Y`y RPU-Water Division requirernents S. Static water pressurs'withm this area wlUiangem fit frutl 80' SI 4Jepe[rilln bn�irial , grades; The bwldinits shalGmstall & Turning Janet andbypass l'Wh6SEA N Ordinance at the inWeliofi©n u1 ktarior` point The Developeri�'resPonstit� fQ touring and Bypass lanes - 7. Hydrre soilsexist on the site ad6wding responsible for ldentft�,Lir wstiands o as.Part of tLu appift"6n A 8. Ttiareare madequatr�orl;ali'rtofis the Proberty. including grin il-" ¢a,aa. Council has determined that all-rei{ufrred pu5licfacih4le are aE ggt ffl`* development. -Alternatively, the deveipperrtiay �rle§t toxo(if making these inadequate public fac ,114s "' ar - {on'{Iits7 ve � enter into a DevelopmentAgreemerit prior t3flrigiA}atsglnrirtta� development approval (teyond itiat show:piat�s, outlines the developers and ClWs 01 r "apj. r` l' stortnwater rnanagemnt (}ncludrttq an6(rhsYFi' ttif} maintenance of an t Y Private ou- #1:. - A space ds is fie tlRic a q�`i improvements (includlr►g any bff sPke improvements n„ easaiy i5fa<ytomr+b development), ; P ti. Pedestrian facilities; cbrtttriiifeorts too eiersditg 8itgre pulolio ,� ' infrastructure, and the extensionof ptlblicti€ilFfies tis a applicable.bulbng Poperlr vyiierre ?.. Mr. Jeff Ellerbusch presented the staff rep ted October 17, 2006, to the Commission. The staff report is on file at the Rochester -Olin ed nning Department. TG SWANSON EXCAVATING, INC. 2408 MARION ROAD SE ROCHESTER, MN 55904 507-289-0639 FAX 4: 507-288-2882 October 20, 2006 Olmsted Planning/Zoning Department Attn: Mitsi Baker 2122 Campus Drive SE Rochester, MN 55904 RE: Zoning application for S & P Brick, Marion Road SE, Rochester, MN Dear Ms. Baker, I am writing to clarify some misinformation about the driveway access for S & P Brick_ reviewed the GDP today and it indicated two driveway accesses going into the property. This is not accurate. There is only one driveway access to the property currently used by Eagle Transport and S&P Brick. The other driveway access that is indicated is the approach into our property only. Our driveway access is completely on our property and is NOT on the property that S&P Brick is leasing. I would like to point out that the only way S&P Brick would be able to use this access is with a written legal agreement between S&P Brick, Eagle Transport and ourselves, which has not been done to date. Please notify me if you have any questions or you may contact our attorney, Paul Grinde. Thank you. Best regards, Debbie Swanson Cc: Mike Sheehan Kevin Harms Paul Grinde RECEIVED - CCT 2 0 2006 R'L°LANK ROCHE5TER-OLMOSTFI ,. Nn nco. -.�. — Kilen/Swanson Property GENERAL DEVELOPMENT PLAN The KilenlSwanson Property GDP has approximately 31.11 acres. The GDP is bounded by rural and city plats, Marion Road, Bear Creek and the previously approved GDP of Marion Road Commercial Center. The only proposed development within this GDP site is a 6.95 acre parcel ]eased by S & P Brick. 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 soils on the SITE consist of mostly of Kegonsa soils, 283B and the soils along the floodplain for Bear Creek is the Kalmarville soils 465. The Kegonsa soil series consist of deep, well drained soils that are moderately permeable. Typical pedon of Kegonsa silt loam has a 0 to 2 percent slope. The Kalmarville series consists of deep, poorly drained soils that are moderately permeable. Slopes are typically less than I percent. The Kegonsa soil type will not create any drainage or engineering problems for the proposed use of the site. b) Storm drainage problems, which in the estimation of the applicant, may result in costs that will exceed normal storm drainage costs. A storm pond is planned along the northeast edge of the S & P Brick site amd two ponds are proposed within the Marion Road Commercial Center GDP. They are located in the north and south comers of the parcel. These ponds will accommodate the proposed increase of storm water runoff from the proposed project area. c) Identification ofpotential off -site drainage problems. The GDP has indicates three storm water ponds that are intended to capture the run-off from the site. There should be no problems with off -site drainage created by this general area. d) Availability of utilities to serve the area under consideration. Sanitary sewer and water are located in Marion Road S.W. and can be extended through the proposed site when the area is annexed. These utilities will be able to provide adequate services for the General Development Plan area. DECEIVED SEP 2 7 2006 II e. Identification of possible erosion problems, which may arise in the estimation of the applicant. No steep slopes will be disturbed on this site and no erosion problems should occur on this site. e) A general statement as to the possible phasing of any development activity to occur on the property under the control of the applicant. The S & P Brick leased parcel is the only property that has a proposed development at this time. Within this area there are three phases. Phase I is currently zoned M-1 and will be developed right away. Phase H will be utilized as a contractor's yard when the GDP and zone change are approved. Phase III will be developed in the future. A grading plan and a site plan will be required to use this portion of the site as a contractor's yard. RECEIVED SEP 2 7 2oU6 'OcMtsTtt� - oLYsrto P' ',NN'NG DEPAP VENT l �1 Minutes of the Neighborhood Informational Meeting for S & P Brick On September 26, 2006, 7:00 p.m. at Longfellow Elementary School It Attendance: See attached attendance list Purpose: The purpose of the meeting was to introduce the proposed General Development Plan and Zone Changes ofM-1 on 18.6 and to answer questions and document concerns or issues that may need further investigation or consideration. General Discussion: Mr. Zemke, representing McGhie & Betts, Inc. introduced the General Development Plan and zone change for S & P Brick and the process for submitting and reviewing the plans. He discussed the purpose of a neighborhood informational meeting and outlined the dates and locations of the next two public hearings to be held on October 25, 2006 and November 20, 2006, He discussed the location for the storm water pond, the dust free surface for the proposed use of a brick storage yard, Bear Creek, the adjacent floodway, and the two approved access points along Marion Road. The following questions and comments were reviewed by he attendees and recorded by Mr. Zemke. Responses to the questions have been drafted and follow each question/comment. Questions and Answers: Question #1 What buffer is required between a B-4 to R-l? Answer #1 The bufferyard requirement would depend on the type of use. However, apical uses would require a P,G, or H buffer. These types of uses would require a 10' to 30 'substantially landscaped area and some form or fence or berm.. Question #2 What is allowed in anM-1 zone? .Answer #2 Mr. Zemke elaborated on a few allowed uses within the M-1 zone including the non production industrial use, which S & P Brick would fall under and then referred the neighbor to call Ms. Clarke to have a more detailed discussion and get a copy of that section of the code. t �- Question #3 What is the least intense zoning district that would still allow S & P Brick to store brick on this site? .Answer 43 B-4 and M-1 and M-2 are the only zoning districts that allow non - production industrial uses. These zones have very similar restrictions. Although the B-4 zone has a slightly higher minimum landscape area, the B-4 zone also allows many more uses that would increase the overall commercial traffic substantially and typically have a longer day to night usage. Question #4 What is required to make a surface "dust -free"? Answer #4 Bituminous and concrete are the most commonly use dust free surfaces. Reclaimed bituminous has been used with differing degrees of success. Dave Schultz, representing S & P Brick, stated that they intend to fence the yard and are looking into apaving the drive areas. He also stated that most products will come into the site in semi trucks and go out on tandem trucks. ROCHESTER M;4,,,�,cX� TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DATE: 10/12/06 0 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 #273 for the proposed S & P Brick development. The following are Public Works comments on this request: 1. A Contribution Agreement for Storm Water Management Charges has been executed for this Property through the review process of Site Development Plan SDP#06-44. 2. There are inadequate on and off site public facilities to accommodate development of the Property, including Sanitary Sewer, Water, Public Roadways, and Storm Water Management Facilities. 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 j oin 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 (or any development approval beyond that shown as Phase "I", if no plat is required), that outlines the developer's and City's obligations related, but not limited to: access, stormwater management (including any obligations for off -site facilities), ownership & maintenance of any private outlots, open space & detention facilities, transportation improvements (including any off -site improvements necessary to accommodate this development), pedestrian facilities, contributions for existing & future public infrastructure, and the extension of public utilities to abutting properties wbere applicable. 3. A Grading & Drainage Plan has been approved for the Property as part of the application review for SDP#06- 4. Future development / grading of the Property other than that shown on the approved plan will require separate Grading & Drainage Plan review and approval. 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 to serve each phase of this development. 5. Requirements for pedestrian facilities will be addressed in the Development Agreement. C:\Documents and Settings\plajgam\Local Settings7emporary Internet Fi1es\0LK61\GDP273 S P Brick Property.doc ROCHESTER TO: Consolidated 2122 Campus Rochester, M Planning Department Drive SE q 55904 FROM: Mark E. Baker DEPARTMENT OF PUBLIC WORKS 201 4" Street SE Room 108 Rochester, MN 55904-3740 507-287-780D FAX — 507-281-6216 6. Specific routing of utilities will be addressed through the platting process and plan review. Charges/fees applicable to the development of this property will be addressed in the Development Agreement and City -Owner Contract(s) for the Property and may include: 3 Sewer Availability Charge (SAC) Water Availability Charge (WAC) Sanitary Sewer & Watermain Connection Charges Substandard Street Reconstruction / Transportation Improvement District charges /contributions Storm Water Management Pedestrian Facilities First Sea] Coat charge for any future public roadways Street Signs, as determined by the City Engineer C:\Documents and Settings\plajgarn\Local Settings\Temporary Internet F1les\0LK61\GDP273 S P Brick Property.doc rpuF -II wr plydfr, we drlivrr October 5, 2006 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: General Development Plan #06-273 by S & P Brick (north of 2430 Marion Rd. SE). Dear Ms. Gamess: Our review of the referenced general development plan is complete and our comments follow: 1. This property is within the Southeast Intermediate Level Water System Area, which is available along the north side of Marion Rd. SE. 2. Static water pressures within this area will range in the mid 80's PSI depending on final grades. The builders must install pressure -reducing devices near the domestic water meters as required by the Minnesota Plumbing Code. The water mains must be looped and extended to adjacent properties per our requirements. 4. We will work with the applicant's engineering firm to develop the necessary water system layout to serve this area. Please contact us at 507-280-1500 if you have questions. Very truly yours, . •� 06�,W1��/� &—^ Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Gale Mount, Building & Safety McGhie & Betts, Inc. S & P Brick Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 rRochester -Olmsted Planning department GISlAddressing Division 2122 Campus Drive SE, Suite 100 Rochester, MN 55904-4744 GENERAL DEVELOPMENT PLAN REFERRAL RESPONSE DATE: October 2, 2006 TO: Jennifer Gamess; Stephanie Foster FROM: Randy Growden GIS/Addressing Staff Rochester -Olmsted County Planning Department CC: RE: S & P BRICK GENERAL DEVELOPMENT PLAN #273 Phone: (507)285-8232 Fax: (507)287-2275 A review of the GDP has turned up the following ROADWAY or ADDRESS related issues: NOTE: If access to the Development area is changed from what is currently in use the three existing addresses will need to be evaluated to see if they would still be valid addresses. WETLAND COMMENTS FOR DEVELOPMENT APPLICATIONS Application Number: General Development Plan #273 by S & P Brick ❑ No hydric soils exist on the site based on the Soil Survey ® Hydric soils exist on the site according to the Soil Survey. The property owner is responsible for identifying wetlands on the property and submitting the information as part of this application. ❑ A wetland delineation has been carried out for the property and is on file with the Planning Department. ❑ A wetland delineation is on file with the Planning Department and a No -Loss, Exemption, or Replacement Plan has been submitted to the Planning Department. ❑ A wetland related application has been approved by the City. This plan incorporates the approved wetland plan. ❑ No hydric soils exist on the property based on the Soil Survey. However, due to the location in the landscape, the property owner should examine the site for wetlands. The property owner is responsible for identifying wetlands. ❑ Other or Explanation: From John Harford Wetlands LGU Representative j TRANSPORTATION ST) _ r' DEVELOPMENT APPLICATIONS REVIEW DATABASE - 2006 October 10, 2006 City GDP # 0&273 The Kilen/Swanson property GDP has approximately 31.11 acres. The zDA #06-07 GDP is bounded by rural and city plans, Marion Road, Bear Creek and S & P Brick the previously approved GDP of Marion Road Commercial Center. The applicant is also requesting 4.01 acres of land for Zoning District Amendment from Interim District to M-1 Mixed Commercial -Industrial District. The review will address spacing standards requirements as per the Access Management Ordinance adopted by Olmsted County Board of Commissioners under resolution # 06-46 and Long Range Transportation Plan 2035. The existing daily traffic as per MNDOT, Office of Transportation Data and Analysis 2004 on Marion Road is more than 6600 and projected to be between the ranges of 7,500 to 11,000 in 2035 as per the ROCOG travel demand model. The Long Range Bikeway Plan recommended a future bike path on one side of the Marion Road in that segment. The ROCOG 2035 Long Range Transportation Plan recognizes Marion Road as Strategic Urban Arterial Road and the street design classification map shows this road as a future 4SU type road means undivided urban street drainage with curb and gutter. The base ROW of this type of road is 120 feet. Five feet ROW for bikeway adjustment would be needed on both sides of Marion Road. The Local Street and Driveway Spacing guidelines in the Long Range Transportation Plan (Table 4-12c) and the County Access Management Ordinance recommends minimum of 880 feet spacing in that segment of Marion Road. This spacing will be increased to 1000 feet for >45 MPH speed limit. The proposed GDP does not meet the requirement of County Access Management Ordinance. Therefore requires consolidation of the access points to meet the ordinance requirements or apply for mod fication of standards as per Section 8 of the County Access Management Ordinance. TRANSPORTATION STy.. r DEVELOPMENT APPLICA7 Jurisdiction I ADOIiCatinn REVIEW r � rio�nre a -a i 13s �� Lane ll< � Consistent with the requirements of the Olmsted County Access Management Ordinance, auxiliary lanes may be required by the County Public Works Department at the intersection of Marion Road and the commercial/industnal access point to provide for the safe management of turn movements into the proposed site and higher speed through traffic. A southbound left turn lane on Marion approaching the intersection or bypass lane as shown in the figure may be required by the Olmsted County Public Works Department in absence of TIR. Review Summary I. The driveway access points as proposed in the GDP are approximately between 260-280 feet apart which would not meet the spacing requirements of the Long Range Transportation Plan and the County Access Management Ordinance. It is recommended that access points be consolidated in consultation with the County Engineer. Section 8 of the Olmsted County Access Management Ordinance recommends the following process for modification to spacing standards: Deviations up to 15% of the minimum spacing standard or 200 feet, whichever is less, may be authorized by the County Highway Engineer where a property is unable to meet the minimum access connection spacing standards and where this deviation will not create a safety problem. Modifications to spacing other than those approvable by the County Highway Engineer shall be approved by the County Board of Commissioners after recommendation by the County Highway Engineer, review by the Public Works Committee of the Olmsted County Board of Commissioners, and a hearing before the Board of Commissioners to consider the facts of the case. Modifications of the access standards may be necessary to allow reasonable economic use ofproperty as permitted by the underlying zoning and to provide reasonably convenient and suitable access to a conforming lot of record. TRANSPORTATION STt.. r DEVELOPMENT APPLICATIONS REVIEW DATABASE - 2006 \�u Jurisdiction I Application I Comments 2. Au3iliary lanes may be required by the County Public Works Department in absence of Traffic Study to address the traffic issues at the intersection of Marion Road and the commercial/industrial access point for the safe management of turn movements into the site and higher speed/higb volume through traffic. PUBLIC WORKS DEPARTMENT 2122 CAMPUS DR SE - SUITE 200 ROCHESTER MN 55904-4744 www.olmstedpubliowarks.com 507.285.8231 October 11, 2006 Jennifer Garness Planning Department Dear Jennifer: The Public Works Department has reviewed Zoning District Amendment #06-07 by S & P Brick and has the following comments: Two access openings from CSAH 36 shall be combined into one access. Access including turn lanes and bypass lane shall be required per the Access Management Ordinance. Sincerely, Michael Sheehan County Engineer MTS/bw c: S&P McGhie & Betts, Inc. � TIPWDATAIENGINDOC1Planning Zoning LetlerstiPLANZONE.DOC `C47 �aa49 AN EOLIAL OPPORTllMTY/AFFIRMATIVE ACTION EMPLOYER �dministralion Building Maintenance Surveying and (dapping Engineering Highway Maintenance Parks & Agriculture Solid Waste REQUEST FOR COUNCIL ACTION SECTION: PUBLIC HEARINGS ORIGINATING DEPT: CITY ADMINISTRATOR MEETING \19 ' DATE: 11/20/06 ITEF- S ITEM DESCRIPTION: HOUSING CODE VIOLATIONS AT 224 — 2241/2 19'HAVENUE PREPARED BY: SW I T. SPAETH On September 6, 2006 the Council held a public hearing relating to the property located at the above mentioned address, in which there have been 3 housing code violations cited since August 17, 2005. After taking testimony and gathering evidence, the Council adopted findings of fact and ordered the following: 1. The property owner is placed on probation for a period of six months. During the probationary time period, the property owner must comply with all federal, state and local laws and ordinances, and the condition stated below. 2. No later than October 23, 2006, which is 45 days from the date of this public hearing, the property owner must cause all correction orders issued for the property located at 224 and 224 '12 19t" Avenue SW, to be satisfied. Furthermore, during the same time period, the property owner must obtain a rental registration certificate for this property and provide the Building Safety Department with a copy of a rental management agreement that is valid for at least one year. The Building Safety staff has indicated that the property owner has not complied with the Council's order ( see attached memo) COUNCIL ACTION REQUESTED: The Council shall consider and hear the evidence presented in making a determination to whether the property owner has complied with the Council's order of September 6, 2006, and consider suspension of the rental certificate, revoke a rental certificate, impose civil penalties, or place the certificate holder on probation based upon violations of the housing code provisions. Under the provisions of Paragraph 38.125 (6), the Council reserves the right to impose any of the following sanctions for violations: a) suspend the registration certificate for up to 180 days; or b) revoke the rental registration certificate; or c) impose a civil fine not to exceed $1,000 for each violation that occurred; or d) place the certificate holder or applicant on probation for a time period not to exceed one (1) year.. ATTACHMENTS: 1. Copy of October 30, 2006 memo from Building Safety Department ru eti COUNCIL ACTION: Mobon by Second by: to: 2122 Campus Drive SE • • Rochester, MN 55W4 (507) 281-6133 Building Safety Fax (507) 287-2240 D• r • • Memo TO: Terry Spaeth, City Administration From: Gary Dutton, Manager of Housing Inspection Services CC: Date: October 30, 2006 Re: Rental Property at 224-224 % 19 Ave SW Building Safety is requesting the council re -open the hearing for the rental property owned by Amanuel Feleke at 224-224 Y:19 Ave SW. The Building Official requested a Rental Complaint Board hearing for this properly as result of numerous housing violations the Housing Division staff had responded to at this property. The Rental Complaint Board recommended a hearing before the full Council as a result of the hearing on July 27, 2006. On September 6, 2006 the Council held a hearing to determine what sanctions should be imposed on this property owner pursuant to Section 38.125 of the Rochester Code of Ordinances. City Council ordered the property owner resolve all outstanding corrections, secure a professional management company, and obtain a rental registration certificate by the October 23, 2006. As of the date of this memo no re -inspection for outstanding corrections have been performed or scheduled. This office has not received any proof of an agreement with a professional management company to manage this property. We have received a letter from RGI Management stating they will not be entering into a property management agreement with Mr. Feleke. A rental registration certificate has not been issued for this rental property. Due to the lack of action by this rental property owner to resolve outstanding corrections, secure a professional management company, and obtain a rental registration certificate by the October 23, 2006 deadline imposed by Council; Building Safety recommends the Council impose the following sanctions: 1) Revoke the right to receive a rental certificate and vacate all of the units for a six month period. 2) Impose a $1000 fine with $500 waived if the property is in compliance with the Housing Code by the end of the revocation period. 3) Extend the probation period to a one year period after the units are legally occupied. 4) Secure the services of a professional property management company for a one year period after the units are legally occupied. REQUEST FOR COUNCIL ACTION MEETING �g' i DATE: 11'.' AGENDA SECTION: HEARINGS City Clerk DEPT: ITEM DESCRIPTION: Hearing for Assessing Weed Removal, Snow Removal, Debris Removal, Tree Removal, Impound Towing, Secure Property, Sidewalk Repair This is a hearing to pass on the proposed assessments for the following projects: Project 7021 - Weed Eradication $ 8,287.48 Project 7022 - Snow Removal $ 70.00 Project 7023 - Debris Removal $14,843.14 Project 7024 - Tree Removal $ 17,011.03 Project 7029 - Impound Towing $ 1,639.82 Project 7030 - Secure Property $ 15.00 Project 7035 - Sidewalk Repair $ 21,945.19 COUNCIL ACTION REQUESTED: ITEM NO. L' PREPARED BY: Eileen Schneider A motion to approve the prepared resolutions assessing properties for Weed Removal, Snow Removal, Debris Removal, Tree Removal, Impound Towing, Secure Property, Sidewalk Repair. it/d�'P • /Jt,tS / S -f d`f T1re p.��P��'%cs ossesc� ¢rr� -thQ grrcounY d P a SSE�Srrtea`� uJaS s�✓��` -yO T!C 0416-xGc SePQra7lc �i�,✓t 7{9 fJ OUNCILACTION: Mobonby. Second by. to: ADDITIONAL INFORMATION FOR ITEM E-6 NOVEMBER 20, 2006 AGENDA Mayor & Council Stevan Kvenvold Gary Neumann Terry Spaeth Terry Adkins Richard Freese CITY OF ROCHESTER LOCAL IMPROVEMENT PROPERTY LIST 10/19/06 PAGE 1 ----------------------------------------------------------------------- C E R T I F I C A T E O F N O T I F I C A T I O N I HEREBY CERTIFY THAT THE FOLLOWING PROPERTY LIST WAS MAILED TO THE PROPERTY OWNERS AS HEREBY LISTED ON THIS FORM. MAILED THIS A .LU-? ..... APPROVED .. �('�'�+'�"' .`�:�^.':. '.1-..... ----------------------------------------------------------------------- / DATE DEPARTMENT ZTHORIZED SIGNATURE 7035 SIDEWALK REPAIR TAXPAYERS NAME MAILING ADDRESS L E G A L D E S C R I P T I O N PROPERTY ID LOT BILK ** AUDITOR'S PLAT A ** SALVADOR GUTIERREZ CAMARENA S52.3FT N104.6FT E132FT 64.01.32.001118 059 823 6 AVE BE W264FT LOT 59 ROCHESTER MN 55904 TO BE ASSESSED 289.08 INVOICE 10063 GARY 0 & KATHLEEN A KITZMAN S54.5FT OF N104 1/2FT W132FT 64.01.32.001127 059 5230 60TH AVE SW LOT 59 ROCHESTER MN 55902 TO BE ASSESSED 947.85 INVOICE 10065 ** BEL AIR 2ND REPLAT ** MICHAEL J & SUSAN A JENKINS LOT 3 BILK 1 74.22.14.002025 003 001 112T 34TH ST NW DCHESTER MN 55901 BE ASSESSED ------------------------------------------------------------------------------------------------------------------------------------ 196.48 INVOICE 09886 ** BEL AIR 4TH SUB ** MATT A JARLAND LOT 6 BILK 2 74.22.14.002153 006 CO2 1206 34 ST NW ROCHESTER MN 55901 TO BE ASSESSED 301.14 INVOICE 09908 ** BEL AIR 6TH SUB ** VUE YANG LOT 7 BILK 1 74.22.14.002205 007 001 406 NORTH 9 AVE WAUSAU WI 54401 TO BE ASSESSED 49.47 INVOICE 09913 ** COUNTRY CLUB MANOR 1ST ADD ** WARREN M & CYNTHIA L HARDTKE LOT 32 BLOCK 3 74.32.41.004084 C32 003 3609 4TH PL NW ROCHESTER MN 55901 TO BE ASSESSED 88.92 INVOICE 09915 ** CRESCENT PARK 9TH ** VEN D & THERESA J BERNDT LOT 4 BLK 2 74.22.41.004834 004 002 021 CRESCENT LN NW ,OCHESTER MN 55901 TO BE ASSESSED 866.46 INVOICE 09918 CITY OF ROCHESTER TAXPAYERS NAME MAILING ADDRESS PRABIN THAPA 3122 CRESCENT LN NW ROCHESTER MN 55901 LOCAL IMPROVEMENT PROPERTY LIST 10/19/06 PAGE 2 LEGAL D E S C R I PT I0N PROPERTY ID LOT ELK LOT 5 BLK 3 74.22.41.004843 005 003 TO BE ASSESSED 311.67 -------------------------------------------------------------------------- ROGER W PETERSON 1602 31ST ST NW ROCHESTER TO BE ASSESSED ------------------ MN 55901 ** CRESCENT PARK 10TH LOT 15 BLK 3 INVOICE 09920 --------------------------------------- 74.22.42.004887 015 003 141.36 INVOICE 1006T ** CRESCENT PARK 11TH ** LOT 5 BLK 1 74.22.41.004899 005 001 141.36 INVOICE 10068 --------------------------------------------------------------------------------- ** CUMMINGS ADDITION ** LYNNETTE A NELSON W46FT LOTS 1 AND 2 BLK 9 74.35.31.005001 001 009 609 2 ST NW ROCHESTER MN 55901 TO BE ASSESSED 407.16 INVOICE 09850 ** EAST ROCHESTER ADDITION ** LISA M SLOWINSKI W60FT LOT 2 ELK 12 64.01.23.005659 002 012 517 7TH ST SE ROCHESTER TO BE ASSESSED ----------------- FRANK W KATTEIN III 1310 32 ST NW ROCHESTER MN 55901 TO BE ASSESSED MN 55904 304.33 ------------------------------------------------ ** ELTON HILLS EAST 9TH GERALD A BEHNKEN LOT 6 BLK 2 3003 4 AVE NW ROCHESTER MN 55901 TO BE ASSESSED ------------------------------------- MARIA D DYOUTANGCO 2307 17 AVE NW ROCHESTER MN 55901 TO BE ASSESSED -------------------------------- SELMAN NUHANOVIC 906 33 ST NW ROCHESTER MN 55901 INVOICE 09731 --------------------------------------------- ++ 74.23.31.006444 006 002 170.25 INVOICE 09982 --------------------------------------------------------------------------------------- ** ELTON HILLS 1ST ** LOT 6 BLK 4 74.27.12.006521 006 DD4 81.04 INVOICE 09804 ------------------------------------------------------------------------------------------- ** ELTON HILLS NORTH 1ST ** LOT 5 BLK 2 74.23.32.OD7164 005 CO2 TO BE ASSESSED 428.92 INVOICE 09596 -------------------------------------------------------------------------------------------------------------------------------- MICHELLE MINOR I LOT 23 BLK 2 74.23.32.007182 023 002 982 ELTON HILLS CT NW ROCHESTER MN 55901 CITY OF ROCHESTER LOCAL IMPROVEMENT PROPERTY LIST TAXPAYERS NAME MAILING ADDRESS L E G A L D E S C R I P T I O N BE ASSESSED 318.69 ----------------------------------------------------------------------------------- ** FOLWELL WEST 2ND SUB ANTONIO D ASSORO TH PT OF LOT 16 LYING NLY & 1910 6 ST SW WLY OF THE FOLL DES LINE COM AT SECOR SO LOT 16 TH N18FT TO PT OF BEG TH NE138.57FT TO PT ON NELY LINE OF SO LOT 16 SD PT BEING 119.10FT NWLY OF SECOR OF SD LOT 16 SO 119.10FT BEING MEASURED AL THE CURVE OF SO NELY LINE BLK 2 ROCHESTER MN 55902 TO BE ASSESSED -------------------------------------- LUONG V & KIM HOANG & 23 15 AVE SE ROCHESTER MN 55904 TO BE ASSESSED -------------------------------- HEIDI L CAMPBELL-WIENER 105 15 AVE SE ROCHESTER MN 55904 TO BE ASSESSED --------------------------- - 10/19/06 PAGE PROPERTY ID LOT BLK INVOICE 09859 -------------------------------- ce 64.03.24.007819 016 002 3 243.17 INVOICE 09775 ------------------------------------------------------------------------------ ** HARVEY SANDERSON ADDITION ** S90FT LOT 2 BLK 1 74.36.44.009073 002 901 1,B47.18 INVOICE 10069 ------__ ------------------------------- LOT 1 BLK 2 74.36.44.009099 001 002 --------------------------------------------------------------------------- 801.39 INVOICE 10070 ** HEAD AND MCMAHON ADDITION ** JOHN H & MARY HANLON LOTS 5 AND 6 BLK 12 64.02.21.009263 1821 11TH ST SW ROCHESTER MN 55902 TO BE ASSESSED ----------------------------------- KATHERINE E ZIEMAN 723 6TH AVE SW ROCHESTER MN 55902 TO BE ASSESSED ------------------------------ HENRY GEORGE HEISE 517 14TH ST NW ROCHESTER MN 55901 TO BE ASSESSED -------------------------------- SARA RENALDO 508 16TH ST NW ROCHESTER MN 55901 005 012 1,087.53 INVOICE 09748 LOT 9 BLK 20 64.02.24.009589 009 020 163.06 INVOICE 10071 -------------------------------------- -------------------------------------------- ** INDIAN HEIGHTS ADDITION ** LOT 9 BLK 1 74.26.34.010471 009 001 376.75 INVOICE 09929 ----------------------------------------------------------------------------------------------- LOT 5 BLK 2 74.26.34.010479 005 002 TO BE ASSESSED 328.18 INVOICE 09957 ------------------------------------------------------------------------------------------------------------------- ** INDIAN HEIGHTS 2ND ** ..RNIECE M FOSSUM LOT 3 BLK 1 74.26.34.010501 003 001 602 17 ST NW ROCHESTER MN 55901 TO BE ASSESSED 362.23 INVOICE 09958 CITY OF ROCHESTER TAXPAYERS NAME MAILING ADDRESS PATHWAY HOUSE INC 103 6TH AVE SW ROCHESTER MN 55902 TO BE ASSESSED ------------------------------- LOCAL IMPROVEMENT PROPERTY LIST 10/19/06 L E G A L D E S C R I P T I O N PROPERTY ID ** MCCULLOUGH'S, ADDITION (WM.) ** E89FT LOTS 1 AND 4 BLK 8 74.35.34.012762 951.79 ** MEADOW HILLS 6TH SUB DANIEL J & PAMELA K SCHAID LOT 15 BLK 1 715 23RD ST SW ROCHESTER MN 55902 TO BE ASSESSED -------------------------------- ____________________________ DAVID J & KATHY HENKE LOT 16 BLK 1 INVOICE 09749 ------------- ** 64.14.24.012863 PAGE 4 LOT BLK 001 008 _______________________ 015 001 54.00 INVOICE 10119 _________________________________________________________________ 64.14.24.012864 016 001 719 23RD ST SW ROCHESTER MN 55902 TO BE ASSESSED 313.02 INVOICE 10120 ____________________________________________________________________________________________________________________________________ PATRICK J METZGER LOT 20 BLK 1 64.14.23.012868 020 001 81523 ST SW ROCHESTER MN 55902 TO BE ASSESSED 132.52 INVOICE 10127 ---------------------- ______________________________________________________________________________________________________________ ** MEADOW HILLS 5TH SUB ** RONALD C ALSTON LOT 11 BLK 1 64.14.23.012975 011 001 922 HIGH MEADOW LN SW ROCHESTER MN 55902 TO BE ASSESSED 337.88 INVOICE 10134 ____________________________________________________________________________________________________________________________________ MICHAEL J HARRIS LOT 12 BLK 1 64.14.23.012976 012 C01 930 HIGH MEADOW LN SW ROCHESTER MN 55902 TO BE ASSESSED 264.25 --------------------------------- ______________________________________________ SCOTT L LUTZ LOT 13 BLK 1 1004 HIGH MEADOW LN SW ROCHESTER MN 55902 TO BE ASSESSED 280.00 _______________________________________________________________________________ REM-OLMSTED WAIVER INC LOT 22 BLK 1 6921 YORK AVE SOUTH EDINA MN 55435 INVOICE 10135 ____________________________________________ 64.14.23.012977 013 001 INVOICE 1C122 ------------------------- ________________________ 64.14.23.012986 022 001 TO BE ASSESSED 175.00 INVOICE 10136 ____________________________________________________________________________________________________________________________________ LUCAS A WHITING 709 14 ST NW ROCHESTER MN 55901 TO BE ASSESSED ________________________________ ERNEST F MCPHAIL III 1503 7 AVE NW ** MILHOLIN SUB ** LOT 2 74.26.34.014207 002 154.80 INVOICE 09960 -------------------------- ______________________________________________________________ LOT 6 74.26.34.014211 006 CITY OF ROCHESTER LOCAL IMPROVEMENT PROPERTY LIST 10/19/06 PAGE 5 T-VDAYERS NAME MAILING ADDRESS L E G A L D E S C R I P T I O N PROPERTY 10 LOT ELK OCHESTER MN 55901 iu BE ASSESSED 409.73 INVOICE 09933 DAVID LOVE LOT 7 74.26.34.014212 007 1507 7 AVE NW ROCHESTER MN 55901 TO BE ASSESSED ------------------------------------------------------------------------------------------------------------------------------------ 209.54 INVOICE 09991 ** NIELSON SUB OUTLOT 1 *' LINDSEY L SNYDER LOT 1 74.35.21.015229 001 416 11TH ST NW ROCHESTER MN 55901 TO BE ASSESSED ------------------------------------------------------------------------------------------------------------------------------------ 503.04 INVOICE 09993 ** NORTHERN ADDITION *' PAT CATLIN LOT 2 ELK 28 74.35.11.015979 002 028 15 13 ST NW ROCHESTER MN 55901 TO BE ASSESSED ------------------------------------------------------------------------------------------------------------------------------------ 217.59 INVOICE 09962 COMMUNITY REINVESTMENT FUND LOT 5 ELK 28 74.26.43.015982 005 028 801 NICOLLET MALL PO BOX 9127 MINNEAPOLIS MN 55480 BE ASSESSED ------------------------------------------------------------------------------------------------------------------------------------ 373.02 INVOICE 09963 ROBERT 0 LEE S130FT LOT 7 ELK 28 74.26.43.015987 007 028 201 28 ST SW ROCHESTER MN 55902 TO BE ASSESSED ------------------------------------------------------------------------------------------------------------------------------------ 139.32 INVOICE 09964 PAUL E ABEL E67 1/2FT S20FT LOT 10 AND 74.26.43.015988 010 028 107 13TH ST NW E67 1/2FT LOTS 11 AND 12 BLOCK 28 ROCHESTER MN 55901 TO BE ASSESSED 225.66 INVOICE 09965 ** NORTHERN DUTLOTS ** ROBERT E & JUDITH V ADAMS COM AT A PT IN W LINE LOT 1 74.26.43.016152 001 807 15 ST NW 222FT S OF NW CDR SD LOT TH ROCHESTER MN 55901 TO BE ASSESSED -------------------------------- YNE PIEPENBURG 2509 NORTHERN HILLS CT HE ROCHESTER MN 55906 TO BE ASSESSED 328.18 INVOICE 09966 ----------------------------------------------------------------------------------------- '* NORTHERN HILLS 1ST ** LOT 16 ELK 2 74.25.21.016854 016 002 3,336.06 INVOICE 10075 CITY OF ROCHESTER TAXPAYERS NAME MAILING ADDRESS CARLE J & JENNIFER L LARSON 2807 4TH AVE NW ROCHESTER MN 55901 TO BE ASSESSED ------------------------------------ LOCAL IMPROVEMENT PROPERTY LIST 10/19/06 PAGE 6 L E G A L D E S C R I P T I O N PROPERTY ID LOT BLK ** REPL PT BK 3 ELTON HILLS E 5TH ** LOT 2 BLK 1 74.23.34.019730 002 001 149.61 INVOICE 09872 ........................................................................................ ** REPL OUTLOT A B C WOODGATE 1ST ** ARTHUR B ADAMS LOT 2 SILK 3 74.26.23.019810 002 003 1000 20 ST NW ROCHESTER MN 55901 TO BE ASSESSED 975.20 INVOICE 0997C ** VALHALLA 1ST SUB ** MICHAEL A & BARBARA J TIMM LOT 14 BLK 1 74.26.21.023128 014 001 2221 VALKYRIE DR NW ROCHESTER MN 55901 TO BE ASSESSED 933.94 INVOICE 09971 ------------------------------------------------------------------------------------------------------------------------------------ NANCY LYNN ILBUGA LOT 1 BLK 2 74.26.23.023150 001 002 2104 VALKYRIE DR NW ROCHESTER MN 55901 TO BE ASSESSED ------------------------------------- ROSS A BADGER 831 11TH AVE NE ROCHESTER MN 55906 TO BE ASSESSED ------------------------------- FERNANDO RODRIGUEZ-CRUZ 444 43 AVE NW ROCHESTER MN 55901 345.96 ----------------- CITY LANDS 107-14-36 CON AT A PT 330FT S OF NE COR LOT 36 FOR PL OF BEG TH W154FT TH S64FT TH E154FT TH N64 FT TO BEG INVOICE 09839 ------------------------------------------ 74.36.24.026698 036 174.46 INVOICE 09728 ----------------------------------------------------------------------------------- ** MANOR WOODS WEST 4TH SUB ** LOT 6 ELK 1 74.32.13.044680 006 001 TO BE ASSESSED 118.17 ------------------------------------------------------------------------------------ ** WEST ZUMBRO ADDITION BERNADETTE A DUCHSCHER LOT 4 BLK 2 & TH PT N1/2 VAC 1820 2 ST NW ALLEY ADJ SO LOT ROCHESTER MN 55901 TO BE ASSESSED 588.78 ------------------------------------------------------------------------------------ TOTAL TO BE ASSESSED 21,945.19 INVOICE 09950 ........................-- ** 74.34.34.048725 004 002 INVOICE 09788 ---------------------------------------------- CITY OF ROCHESTER 7030 TAXPAYERS NAME LOCAL IMPROVEMENT PROPERTY LIST 10/19/06 ----------------------------------------------------------------------- C E R T I F I C A T E O F N O T I F I C A T I O N I HEREBY CERTIFY THAT THE FOLLOWING PROPERTY LIST WAS MAILED TO THE PROPERTY OWNERS AS HEREBY LISTED ON THIS FORM. t MAILED THIS ..CIS').Ye APPROVED DATE DEPA TMENT AU HORIZED SIGNATURE ----------------------------------------------------------------------- SECURE PROPERTY MAILING ADDRESS ALFRED A ALPHONSE 4340 CIMARRON CT NW ROCHESTER MN 55901 LEGAL D E S C R I PT ION PROPERTY ID ** CIMARRON SUB ** LOT 18 BILK 3 74.15.31.003488 TO BE ASSESSED 150.00 INVOICE 10149 __________________________________________________________________________________________________________ TOTAL TO BE ASSESSED 150.00 PAGE 1 LOT BILK 018 003 CITY OF ROCHESTER - LOCAL IMPROVEMENT PROPERTY LIST 10/19/06 ----------------------------------------------------------------------- C E R T I F I C A T E O F N 0 T I F I C A T I 0 N I HEREBY CERTIFY THAT THE FOLLDWING PROPERTY LIST WAS MAILED TO THE PROPERTY OWNERS AS HEREBY LISTED MAILED THIS . �', ./X1J.. L.�V APPROVED DATE ----------------------------------------------------------------------- ON THIS FORM. ..... _ DEPART ENT A p/� 'C• •"c-.L-?! : •S"'k HORIZED SIGNATURE 7029 IMPOUND TOWING TAXPAYERS NAME MAILING ADDRESS L E G A L D E S C R I P T I O N PROPERTY ID JILL EIDEM 2652 11 AVE NW ROCHESTER MN 55901 TO BE ASSESSED ------------------------------------- MANUEL CADENAS 1609 2 AVE BE ROCHESTER MN 55904 TO BE ASSESSED -------------------------------- PAGE LOT BLK ** ELTON HILLS 5TH ** LOT 23 BLK 29 74.22.44.007015 D23 029 171.02 INVOICE 10027 --------------------------------------------------------------------------------------- kk GOLDEN HILL ADDITION ** S1/2 LOT 4 BLK 5 64.11.41.008213 004 005 227.64 INVOICE 09773 ------------------------------------- -------------------------------------------- ** GRAHAM ADDITION ** SHERMAN W & ELIZABETH STOFLET LOT 29 BLK 4 64.11.12.008698 PO BOX 776 BYRON MN 55920 TO BE ASSESSED 175.65 INVOICE 09713 ** NORTHERN ADDITION ** CARLOS CRUZ VILLAREAL E40FT LOT 16 BLK 15 74.35.12.015755 229 1D ST NW ROCHESTER MN 55901 TO BE ASSESSED CARLOS CRUZ VILLAREAL 229 10 ST NW ROCHESTER MN 55901 029 004 016 015 --------------------------------------------------------------------------------------- 176.83 INVOICE 09669 E40FT LOT 16 BLK 15 74.35.12.015755 016 015 TO BE ASSESSED 179.20 INVOICE 09660 -------------------------------------------------------------------------------------------------------------- JOHN C TYCE 2668 CHARLES CT NW ROCHESTER MN 55901 TO BE ASSESSED -------------------------------- ROBERT A & DONNA J TILFORD 1607 19TH AVE BE ROCHESTER MN 55904 TO BE ASSESSED -------------------------------------- ** ROLLING MEADOWS REPLAT ** LOT 3 BLK 1 74.28.14.020653 DD3 001 179.20 ---------------------------------- ** VILLA MEADOWS SUB PARCEL -0- N45.C2FT LOT 1 BLK 5 91.21 ---------------------- INVOICE 09662 ------------------------------------------- kk 64.12.14.024030 001 INVOICE 1D030 CITY OF ROCHESTER LOCAL IMPROVEMENT PROPERTY LIST T-*OAYERS NAME MAILING ADDRESS L E G A L D E S C R I P T I 0 N AL PRANG PARCEL 'F' S57.02FT LOT 1 BILK -1615 19 AV SE 5 ROCHESTER MN 55904 TO BE ASSESSED 254.80 ----------------------------------------------------------------------------------- ** CITY LANDS 107-14-36 DEAN M & MARGIE G DURHMAN W174FT N60FT S623FT LOT 48 511 10TH AVE HE SEC 36-107-14 ROCHESTER MN 55906 TO BE ASSESSED --------------------------------------- GURNINDERJIT SINGH 6104 HILLSBORO DR NW ROCHESTER MN 55901 TO BE ASSESSED -------------------------------- TOTAL TO BE ASSESSED 10/19/06 PAGE 2 PROPERTY ID LOT BILK 64.12.14.024032 001 INVOICE 09774 ** 74.36.13.026781 048 93.06 INVOICE 09740 --------------------------------------------------------------------------------------------- ** ORCHARD RIDGE 1ST ADD ** LOT 1 BLK 12 74.08.14.059967 001 012 91.21 INVOICE 10031 --------------------------------------------------------------------------------------------- 1,639.82 CITY OF ROCHESTER 7024 TAXPAYERS NAME ELIZABETH J REMMEY 819 9 AVE SE ROCHESTER MN 55904 LOCAL IMPROVEMENT PROPERTY LIST 10/19/06 ----------------------------------------------------------------------- C E R T I F I C A T E O F N O T I F I C A T I O N I HEREBY CERTIFY THAT THE FOLLOWING PROPERTY LIST WAS MAILED TO THE PROPERTY OWNERS AS HEREBY LISTED ON THIS FORM,. MAILED THIS y��. APPROVED .. 4'•�=v:••r DATE D ARTME� AUTHORIZED SIGNATURE••••• TREE REMOVAL MAILING ADDRESS L E G A L D E S C R I P T 1 0 N PROPERTY ID *' AUDITOR'S PLAT A *' N43.87FT E132FT LOT 41 64.01.31.001086 PAGE 1 LOT BLK 041 TO BE ASSESSED 2,018.18 INVOICE 10057 MARGARET C STEBBINS S43.87FT W132FT LOT 41 64.01.31.001087 041 824 BTH AVE SE ROCHESTER MN 55904 TO BE ASSESSED ---------------------------------- DEWEY M MOULTON PO BOX 356 ORONOCO MN 55960 TO BE ASSESSED -------------------------------- 344.97 --------------------------- ** COLLEGE VIEW LOTS 93 94 AND 95 BLK 1 INVOICE 09561 xr 64.03.41.003631 093 001 159.75 INVOICE 10095 --------------------------------------------------------------------------- ** KNOLLWOOD ACRES '* DREW E EVANS ETAL LOT 28 BLK 1 64.14.12.011311 227 21 ST SW ROCHESTER MN 55902 TO BE ASSESSED -------------------------------- RYAN BERG 720 11 AVE HE ROCHESTER TO BE ASSESSED ELIZABETH A COLLINS 1410 3 ST HE ROCHESTER TO BE ASSESSED ______________________ JAMES MERRILL 121 11 ST NE ROCHESTER TO BE ASSESSED --------------- 028 001 532.50 INVOICE 10098 -------------------------------------------------------------------------------------------- ** MOHN AND HODGE SUB '* LOT 5 BLK 5 74.36.13.014528 005 005 MN 55906 876.50 ------------------------------------------------------ ** MORNINGSIDE SUB LOT 8 BLK 8 MN 55906 MN 55906 INVOICE 09565 --------------------------------- wx 74.36.42.014804 008 008 3,001.98 INVOICE 10003 ** NORTHERN ADDITION ** S80.24FT LOT 4 BLK 42 74.35.11.016135 004 042 159.75 INVOICE 10059 CITY OF ROCHESTER LOCAL IMPROVEMENT PROPERTY LIST 10/19/06 PAGE 2 ,AYERS NAME MAILING ADDRESS L E G A L D E S C R I P T I O N PROPERTY ID LOT BLK ** PECK'S HILLS 1ST SUB *" DONNA SUE MASON ANGEL LOT 2 BLK 2 74.25.42.019197 002 002 PO BOX 7441 ROCHESTER MN 55903 TO BE ASSESSED 3,669.68 INVOICE 10041 MICHAEL J MATZKE LOT 1 BLK 3 74.25.42.019210 001 003 1716 11 AVE NE ROCHESTER MN 55906 TO BE ASSESSED ------------------------------------------------------------------------------------------------------------------------------ 401.49 INVOICE 095TI ** PECK'S HILLS 3RD SUB ** PAUL ROACH LOT 6 BLK 1 74.25.42.019250 1003 19 ST NE ROCHESTER MN 55906 TO BE ASSESSED ------------------------------------------------------------------------------------------------------------------------------------ 3,408.00 INVOICE 10060 ROBERT D WILLIAMS LOT 1 BLK 2 74.25.42.019260 1 ROLLING ROAD ESKO MN 55733 TO BE ASSESSED ------------------------------------------------------------------------------------------------------------------------------------ 1,996.88 INVOICE 10105 ** SONNENSERG'S ADDITION ** INIFER L GOWIN LOT 10 ELK 1 74.26.41.021468 010 001 1636 1 AVE NE ROCHESTER MN 55906 TO BE ASSESSED ____________________________________________________________________________________________________________________________________ 157.19 INVOICE 09648 ** STEBBINS' ADDITION ** KATHARINE ALSOP NSFT LOTS 9 10 11 AND ALL LOT 74.36.43.021595 002 15 14 AVE NE 12 BLK 2 ROCHESTER MN 55906 TO BE ASSESSED ------------------------------------------------------------------------------------------------------------------------------------ 159.75 INVOICE 10107 ** HUNDRED ACRE WOODS ** KENNETH L NELSON LOT 23 ELK 2 63.06.34.068777 023 002 2415 TEE TIME RD SE ROCHESTER MN 55904 TO BE ASSESSED ------------------------------------------------------------------------------------------------------------------------------------ 124.41 INVOICE 09577 TOTAL TO BE ASSESSED 17,011.03 CITY OF ROCHESTER LOCAL IMPROVEMENT PROPERTY LIST 10/19/06 PAGE 1 ------------------------------------------------------------------ C E R T I F I C A T E O F N O T I F I C A T I O N I HEREBY CERTIFY THAT THE FOLLOWING PROPERTY LIST WAS MAILED TO THE PROPERTY OWNERS AS HEREBY LISTED ON THIS FORM. MAILED THIS ./ APPROVED .. ✓��..'.�.•,L�./. .�.CP-.. ----------------------------------------------------------------------- DATE DERARTMENT'AUTHORCZED SIGNATURE 7023 RUBBISH REMOVAL TAXPAYERS NAME MAILING ADDRESS L E G A L D E S C R I P T I O N PROPERTY ID LOT ELK ** AUDITOR'S PLAT A ** MICHAEL 0 TOOHEY N66FT S215FT W250FT LOT 37 64.01.31.001060 037 965 18 AVE SE MINNEAPOLIS MN 55414 TO BE ASSESSED ------------------------------------------------------------------------------------------------------------------------- 321.37 INVOICE 09718 DEUTSCHE BANK NATIONAL TRUST 1610 EAST ST ANDREWS ST SANTA ANA CA 92705 TO BE ASSESSED --------------------------------- NATHAN P HARTUNG 2101 46 ST NW ROCHESTER MN 55901 TO BE ASSESSED ------------------------------- SHARON NORTHOUSE 1004 2ND ST NW ROCHESTER TO BE ASSESSED ----------------- MN 55901 ** BRACKENRIDGE ADDITION ** LOT 4 ELK 1 64.01.32.002563 004 O01 510.00 INVOICE 10047 ----------------------------------------------------------------------------- ** CIMARRON TWO ** LOT 3 BLK 6 74.15.32.003564 003 006 305.53 INVOICE 10025 ------------------------------------------------------------------------------------------------- ** CUMMINGS OUTLOT ** E52FT N150FT EXCEPT THE S12 74.35.33,005222 013 1/2FT OF THE W2FT 334.06 INVOICE 10049 ** EAST ROCHESTER ADDITION ** GALEN STROVERS W82FT LOTS 1 AND 4 BILK 19 64.01.24.005743 726 7 AVE SE ROCHESTER MN 55904 TO BE ASSESSED 1,456.31 ----------------------------------------------------------------------------- ** ELTON HILLS EAST 5TH MICHAEL STRIKER LOT 1 LESS WLY 77FT THEREOF 2000 EAST COUNTY RD E ALSO COM AT MOST SLY COR LOT 2 TH NELY AL SLY LINE SD LOT 16FT TH NWLY PAR TO WLY LINE ED LOT 79.63FT TO NELY PROJECTION OF NLY LINE LOT 1 TH SWLY AL SO NELY PROJECTION 16FT TO MOST NLY CDR LOT 1 TH SELY AL WLY LINE LOT 2 A DIST OF 79.67FT TO BEG ELK 3 WHITE BEAR LAKE MN 55110 TO BE ASSESSED 365.00 001 019 INVOICE 09658 ---------------------------------- 74.23.34.006365 001 003 INVOICE 10087 CITY OF ROCHESTER TAXPAYERS NAME MAILING ADDRESS ERONN D SWAIN 8800 SUMMER WIND CIR WOODBURY MN 55125 TO BE ASSESSED -------------------------------- KEVIN TAYLOR 1415 3 AVE NW ROCHESTER MN 55901 TO BE ASSESSED -------------------------------- LOCAL IMPROVEMENT PROPERTY LIST L E G A L D E S C R I P T I O N •* ELTON HILLS 7TH LOT 10 ELK 23 342.69 ------------------------------------- ** HEAD AND 14CMAHOM ADDITION LOT 3 ELK 6 10/19/06 PAGE 2 PROPERTY ID LOT ELK ee 74.27.11.007D74 010 023 INVOICE 09717 -------------------------- 64.02.24.009173 003 006 1,454.30 INVOICE 09655 ** MCCULLOUGH'S, ADDITION (WM.) ** WOLDE AMANUEL FELEKE W 39 FT N 133 FT L 5 ELK 12 74.35.34.012810 005 012 1623 WILSHIRE CT NE ROCHESTER MN 55906 TO BE ASSESSED 274.65 INVOICE 09785 THE ROCHESTER BETTER CHANCE W50FT LOT 12 LESS M60 1/4FT 74.35.34.012845 012 013 727 2ND ST SW ELK 13 ROCHESTER MN 55902 TO BE ASSESSED 193.84 INVOICE 09786 ** MORSE AND SARGEANT'S ADDITION ** JANE G TYLER LOT 6 ELK 40 64.01.21.014974 006 040 425 11 AVE SE ROCHESTER MN 55904 TO BE ASSESSED 321.78 INVOICE 09734 ** NORTHERN ADDITION ** LONNIE A SIFFERATH LOT 12 ELK 15 74.35.12.015751 012 015 13820 BROCKTON LN ROGERS MN 55374 TO BE ASSESSED ------------------------------------------------------------------------------------------------------------------------ 739.79 INVOICE 09657 CARLOS CRUZ VILLAREAL E40FT LOT 16 ELK 15 74.35.12.015755 016 015 229 10 ST NW ROCHESTER MN 55901 TO BE ASSESSED 341.90 INVOICE 09720 CLAIRE ADAMS S65FT LOTS 16 AND 17 ELK 25 74.35.12.015912 016 C25 1016 2 AVE NW ROCHESTER MN 55901 TO BE ASSESSED ------------------------------------------------------------------------------------------------------------------------------------ 285.01 INVOICE 09714 RICARDO 8 SANDRA LUZ GARCIA W5FT LOT 12 AND E35FT LOT 13 74.35.14.016C34 C12 033 9 8TH ST NE ELK 33 OCHESTER MN 55906 TO BE ASSESSED 361.04 INVOICE 10050 --------------------------------------------------------------------------------------------------------------- •• ORIGINAL PLAT (CITY OF ROCH) •• CITY OF ROCHESTER TAXPAYERS NAME MAILING ADDRESS WAYNE S MORGAN 813 1 AVE NW BYRON MN 55920 TO BE ASSESSED ------------------------------------------ JOHN ANDALDN 2404 PARKVIEW LN SE ROCHESTER MN 55904 LOCAL IMPROVEMENT PROPERTY LIST 10/19/06 PAGE 3 L E G A L D E S C R I P T I O N PROPERTY ID LOT ELK LOT 5 BLK 2 64.02.13.017708 005 002 220.06 INVOICE 10051 ---------------------------------------------------------------------------------------- ** PARKVIEW 2ND SUB ** LOT 24 BLK 1 63.07.42.019700 024 001 TO BE ASSESSED 630.87 INVOICE 10052 ------------------------------------------------------------------------------------------------------------------------------------ JOHN ANDALDN LOT 24 ELK 1 63.07.42.01B700 024 DDT 2404 PARKVIEW LN SE ROCHESTER MN 55904 TO BE ASSESSED ------------------------------------------- GEANA B SDK 4652 WINDSLOW LN NW ROCHESTER MN 55901 TO BE ASSESSED -------------------------------- 600.00 ------------------------------------ ** ROLLING GREENS 2ND REPLAT LOT 6 BLK 1 INVOICE 10053 ------------- -.- ** 74.22.24.020604 006 DDT 613.23 INVOICE 09661 --------------------------------------'__--___------"".-------------___- ** SONNENBERG'S ADDITION ** BRANDON D BOULLION LOT 11 BLK 1 74.26.41.021469 1640 1 AVE HE P.O. BOX 144 BROWNSDALE MN 55918 TO BE ASSESSED ---------------------------------------- US BANK NA 2052 W 4 ST M/L-CN-OH-X5FI CINCINNATI OH 45202 585.00 --__-""-------------""------ ** SUNNYSIDE ADDITION LOT 8 BLK 3 011 001 INVOICE 10088 ----------------------------------------------- e* 64.02.44.021827 008 003 TO BE ASSESSED 326.47 INVOICE 09739 ------------------------------------------------------------------------------------ ------------------------"__--- MICHAEL T OUELLETTE LOT 18 ELK 8 64.02.44.021940 018 008 1106 RICHLAND AVE SAINT CHARLES MN 55972 TO BE ASSESSED ----------------------------------- JESSICA DUDLEY 2210 18 ST NW ROCHESTER TO BE ASSESSED ---------------- 900.69 INVOICE 10054 --------------------------------------------------------------------------------------- ** SUNSET TERRACE 3RD ADDITION ** LOT 5 LESS E2FT THEREOF BLK 74.27.32.022518 005 3 MN 55901 273.63 INVOICE 10028 ----------------------------------"_------__--'_..------_-------------.-----'.---------_- ** VILLA MEADOWS SUB ** ROBERT A 8 DONNA J TILFORD PARCEL 'D' N45.02FT LOT 1 BLK 64.12. 14.024030 1607 19TH AVE SE 5 ROCHESTER MN 55904 001 CITY OF ROCHESTER LOCAL IMPROVEMENT PROPERTY LIST 10/19/06 PAGE 4 PAYERS NAME MAILING ADDRESS L E G A L D E S C R I P T I O N PROPERTY ID LOT BLK BE ASSESSED 343.57 INVOICE 09736 --------------------------------------------------------------------------------------------------------------------------- KANAL PHANG PARCEL 'F' S57.02FT LOT 1 BLK 64.12.14.024032 001 1615 19 AV SE 5 ROCHESTER MN 55904 TO BE ASSESSED 601.94 -------------------------------------------------------------------------------- ** WOODLAND ADDITION BANK OF NEW YORK TRUSTEE 7105 CORPORATE DR PTX-C-35 PLANO TX 75024 TO BE ASSESSED ------------------------ ------- WOLDE AMANUEL FELEKE 1623 WILSHIRE CT NE ROCHESTER MN 55906 TO BE ASSESSED -------------------------------- GREGORY S FITZGERALD 2111 18 1/2 ST NW ROCHESTER MN 55901 TO BE ASSESSED LOT 10 825.96 --------------------------------------- ** CITY LANDS 106-14-03 TH PT NE1/4 NW1/4 DES AS FOLL COM AT A PT 679.39FT W & 133FT S OF NECOR NE1/4 NW114 TH S67FT TH W64.88FT TO PT OF BEG TH S71.5 FT TH W100FT TH N71.5FT TH E100FT TO PT OF BEG SEC 3-106-14 469.90 ....................... ** CITY LANDS 107-14-36 BEG 841 1/2FT E AND 121.42FT S OF NWCOR LOT 46 TH E49 1/2FT TH S121.42FT TH W49 1/2FT TH N TO BEG LOT 46 SEC 36-107-14 INVOICE 09787 RR 74.25.43.025615 010 INVOICE 1OC29 ------------------------------------------------------- ++ 64.03.21.025862 INVOICE 09715 ++ 74.36.42.026759 264.48 INVOICE 09716 -------------------------------------------------------------------------------------------------- ** TETON COURT ** MICHAEL J LEVY LOT 15 BLK 1 74.25.42.046481 015 001 1650 TETON CT HE ROCHESTER MN 55906 TO BE ASSESSED ------------------------------------ GURNINDERJIT SINGH 6104 HILLSBORO DR NW ROCHESTER MN 55901 TO BE ASSESSED TOTAL TO BE ASSESSED 385.00 -------------------------------- ** ORCHARD RIDGE 1ST ADD LOT 1 BLK 12 INVOICE 10150 74.08.14.059967 001 C12 195.07 INVOICE 09738 ------------------------------------------------------------------------------------------------ 14,843.14 CITY OF ROCHESTER LOCAL IMPROVEMENT PROPERTY LIST 10/19/06 PAGE 1 ' ----------------------------------------------------------------------- C E R T I F I C A T E O F N O T I F I C A T I O N I HEREBY CERTIFY THAT THE FOLLOWING PROPERTY LIST WAS MAILED TO THE PROPERTY OWNERS AS HEREBY LISTED ON THIS FORM.'�1y," MAILED THIS �G: b APPROVED v�N, ....................................................................... DA OEOAUT HDRI2ENATURE 7022 SNOW REMOVAL TAXPAYERS NAME MAILING ADDRESS L E G A L D E S C R I P T I O N PROPERTY ID LOT BLK " ELTON HILLS 6TH "'• TIM WILLIAMS LOT 3 BLK 25 74.27.14.007031 003 025 2C26 13 AVE NW ROCHESTER MN 55901 TO BE ASSESSED ____________________________________________________________________________________________________________________________________ 17.50 INVOICE 09674 " CITY LANDS 107-14-36 •• DONALD F NORTON BEG AT A PT ON E LINE LOT 37 74.36.24.026700 037 1631 4 ST SE 46 1/2FT S OF NE COP, W1BO 1/2FT TH S45FT TH E180 1/2FT TH N45FT TO BEG LOT 37 ROCHESTER MN 55904 TO BE ASSESSED .........................................................................................................................-_-- 17.50 INVOICE 09686 ** KINGSBURY HILLS TRICIA KENYON LOT 1 BLK 1 74.18.21.061463 001 001 5587 KINGSBURY ST NW ROCHESTER MN 55901 TO BE ASSESSED .................................................................................................................................... 17.50 INVOICE 09695 ** CENTURY HILLS 7TH SUBD '• RANDY RUCKER LOT 24 BLK 1 73.29.23.068678 024 001 3032 21 ST NE ROCHESTER MN 55906 TO BE ASSESSED .................................................................................................................................... 17.50 INVOICE 09710 TOTAL TO BE ASSESSED 70.00 CITY OF ROCHESTER ----------------------------------------------------------------------- LOCAL IMPROVEMENT PROPERTY LIST 10/19/06 PAGE 1 C E R T I F I C A T E O F N O T I F I C A T I O N 1 HEREBY CERTIFY THAT THE FOLLOWING PROPERTY LIST WAS MAILED TO THE PROPERTY OWNERS AS HEREBY LISTED ON THIS FORM.py, MAILED THIS APPROVED ... ... ----------------------------------------------------------------------- DATE DEPARTMENTAUTHORIZED SIGNATURE 7021 WEED ERADICATION TAXPAYERS NAME MAILING ADDRESS L E G A L D E S C R I P T I O N PROPERTY ID LOT BLK ** AUDITOR'S PLAT A ** ROGER W ENGHOLM M53FT W132FT LOT 79 64.01.32.001196 079 2145 MARION RD SE ROCHESTER MN 55904 TO BE ASSESSED --------------------------------------------------------------------------------------------------------------------------- 47.93 INVOICE 10110 ** BRACKENRIDGE ADDITION xw DEUTSCHE BANK NATIONAL TRUST LOT 4 BLK 1 64.01.32.002563 004 001 1610 EAST ST ANDREWS ST SANTA ANA CA 92705 TO BE ASSESSED --------------------------------------------------------------------------------------------------------------.------__-_--------- 32.45 INVOICE 10009 ** BUCKS ADDITION (E.A.) ** NGOU LOT 23 BLK 1 64.01.12.002609 023 001 150 HIGHTOP LN NE )CHESTER MN 55906 TO BE ASSESSED 32.95 INVOICE 09791 ** CASCADE SUB ** LAVINA M STROUCKEL LOT 1 BLK 4 74.35.22.003359 001 004 1117 9 AVE NW ROCHESTER MN 55901 TO BE ASSESSED ------------------------------------------------------------------------------------------------------------------------------------ 31.95 INVOICE 10032 LAVINA M STROUCKEL LOT 1 BLK 4 74.35.22.003359 001 004 1117 9 AVE NW ROCHESTER MN 55901 TO BE ASSESSED 31.95 INVOICE 10081 ** CIMARRON TWO ** NATHAN P HARTUNG LOT 3 BLK 6 74.15.32.003564 003 006 2101 46 ST NW ROCHESTER MN 55901 TO BE ASSESSED ------------------------------------------------------------------------------------------------------------------------------ 48.93 INVOICE 09792 ** CIMARRON 8TH ** ---IMIR A SHABANI LOT 5 BLK 2 74.15.23.003845 005 002 135 DEER TRL LGLE RIVER WI 54521 TO BE ASSESSED 47.93 INVOICE 10090 CITY OF ROCHESTER TAXPAYERS NAME MAILING ADDRESS MICHAEL STRIKER 2000 EAST COUNTY RD E WHITE BEAR LAKE MN 55110 TO BE ASSESSED ............................... MICHAEL STRIKER 2000 EAST COUNTY RD E WHITE BEAR LAKE MN 55110 TO BE ASSESSED ___________________________________________________________________________ MICHAEL STRIKER LOT 1 LESS WLY 77FT THEREOF 2000 EAST COUNTY RD E ALSO CON AT MOST SLY CDR LOT 2 TH NELY AL SLY LINE SO LOT 16FT TH NWLY PAR TO WLY LINE SO LOT 79.63FT TO NELY PROJECTION OF NLY LINE LOT 1 TH SWLY AL SD NELY PROJECTION 16FT TO MOST NLY CDR LOT 1 TH SELY AL WLY LINE LOT 2 A DIST OF 79.67FT TO BEG BLK 3 LOCAL IMPROVEMENT PROPERTY LIST 10/19/06 PAGE LEGAL D E S C R I P T I ON PROPERTY ID LOT BLK ** ELTON HILLS EAST 5TH ** LOT 1 LESS WLY 77FT THEREOF 74.23.34.006365 001 003 ALSO CON AT MOST SLY CDR LOT 2 TH NELY AL SLY LINE SO LOT 16FT TH NWLY PAR TO WLY LINE SO LOT 79.63FT TO NELY PROJECTION OF NLY LINE LOT 1 TH SWLY AL SO NELY PROJECTION 16FT TO MOST NLY CDR LOT 1 TH SELY AL WLY LINE LOT 2 A DIST OF 79.67FT TO BEG BLK 3 64.90 LOT 1 LESS WLY 77FT THEREOF ALSO CON AT MOST SLY CDR LOT 2 TH NELY AL SLY LINE SO LOT 16FT TH NWLY PAR TO WLY LINE SD LOT 79.63FT TO NELY PROJECTION OF NLY LINE LOT 1 TH SWLY AL SO NELY PROJECTION 16FT TO MOST NLY CDR LOT 1 TH SELY AL WLY LINE LOT 2 A DIST OF 79.67FT TO BEG BLK 3 WHITE BEAR LAKE MN 55110 TO BE ASSESSED -------------------------------- FEDERAL NATIONAL MORTAGE ASSOC ONE SOUTH WACKER DR SUITE 3100 CHICAGO IL 60606 TO BE ASSESSED ________________________________ ERONN D SWAIN 8800 SUMMER WIND CIR WOODBURY MN 55125 32.45 INVOICE 09793 --------------------------- 74.23.34.006365 001 003 INVOICE 10011 ---------------------- 74.23.34.006365 001 003 a 31.95 INVOICE 10082 ------------------------------------------------------------------------------------- ** ELTON HILLS 1ST ** LOT 29 BLK 4 74.22.43.006544 029 004 64.90 INVOICE 09759 -------------------------------------------------'....................... ** ELTON HILLS 7TH ** LOT 10 BLK 23 74.27.11.007074 010 023 TO BE ASSESSED 50.93 ERONN D SWAIN LOT 10 BLK 23 8800 SUMMER WIND CIR WOODBURY MN 55125 TO BE ASSESSED 47.93 ** FRATZKEIS HOMESTEAD INVOICE 09794 ..................... ______________________ 74.27.11.007074 010 023 tt INVOICE 10097 ----------------------------------- CITY OF ROCHESTER TAYDAYERS NAME MAILING ADDRESS TGAGE ELECT REG SYSTEMS INC .120 NATIONS WAY #100 JACKSONVILLE FL 32256 TO BE ASSESSED --------------------------------------- JAYSON L HATTON 1307 9 ST SW ROCHESTER MN 55902 TO BE ASSESSED ------------------------------------ SUSAN J JACOBSON 2700 56 ST NW 94-1 ROCHESTER MN 55901 TO BE ASSESSED ------------------------------------- SUSAN J JACOBSON 2700 56 ST NW #4-1 ROCHESTER MN 55901 TO BE ASSESSED ------------------------------------- IAM T THOMPSON ,128 2 ST SW ROCHESTER MN 55902 TD BE ASSESSED - ------------------------------ THOMAS A MANSAGER JR 610 8 AVE SW ROCHESTER MN 55902 TO BE ASSESSED -------------------------------- FERN M SHAW 4628 13TH AVE NW ROCHESTER MN 55901 TO BE ASSESSED -------------------------------- AYMAN SABRY 5186 51 ST NW ROCHESTER MN 55901 TO BE ASSESSED -------------------------------- R ALAGIC 1122 CENTER ST W ROCHESTER MN 55902 TO BE ASSESSED LOCAL IMPROVEMENT PROPERTY LIST 10/19/06 PAGE 3 L E G A L D E S C R I P T I O N PROPERTY ID LOT BLK LOT 4 BLK 1 74.36.21.008001 004 001 64.40 INVOICE 10002 --------------------------------------------------------------------------------------- ** GOLDEN HILL ADDITION ** E87FT LOT 1 AND E1/2 LOT 2 64.11.41.008281 001 012 BLK 12 31.95 INVOICE 10141 ------------------------------------------------------------------------------ ** GOODING'S ADDITION ** N47FT LOT 4 AND S3FT LOT 5 74.34.11.008550 004 005 BLK 5 42.93 INVOICE 09782 ----------------------------------------------------------------------------- N47FT LOT 4 AND S3FT LOT 5 74.34.11.008550 004 005 BLK 5 31.95 INVOICE 10033 ---------------------------------------------------------------------------------------- ** HIGHLAND ADDITION ** LOTS 6 & 7 BLK 4 64.03.22.009985 006 004 47.93 INVOICE 10034 ------------------------------------------------------------------------------------------ ** INNSBRUCK THREE ** S1/2 LOT 3 BLK 1 74.15.41.010657 003 001 32.95 INVOICE 09763 -------------------------------------------------------------------------------------------- N1/2 LOT 5 BLK 1 74.15.41.010660 005 001 32.95 INVOICE 09764 --------------------------------------------------------------------------------------------- ** IRELAND'S 1ST ADDITION ** W65FT LOT 18 BLK 8 64.12.21.011126 018 008 48.43 INVOICE 10012 ** KUTZKY'S ADDITION (A.W.) ** LOT 9 BLK 1 74.34.44.011450 009 001 49.42 INVOICE 09767 CITY OF ROCHESTER LOCAL IMPROVEMENT PROPERTY LIST 10/19/06 PAGE 4 TAXPAYERS NAME MAILING ADDRESS L E G A L O E S C R I P T 1 0 N PROPERTY ID LOT ELK ** MANLEY'S SUB *' JAYLANI H ABDALLA LOT 3 ELK 12 74.35.22.012272 003 012 1015 8TH AVE NW ROCHESTER MN 55901 TO BE ASSESSED ------------------------------------------------------------------------------------------------------------------------------------ 32.95 INVOICE 09796 JAYLANI H ABDALLA LOT 3 ELK 12 74.35.22.012272 003 012 1015 8TH AVE NW ROCHESTER MN 55901 TO BE ASSESSED 31.95 INVOICE 10035 JAYLANI H ABDALLA LOT 3 BLK 12 74.35.22.012272 003 012 1015 8TH AVE NW ROCHESTER MN 55901 TO BE ASSESSED 63.90 INVOICE 10099 ** MCCULLOUGH'S, ADDITION (WM.) ** WOLDE AMANUEL FELEKE W 39 FT N 133 FT L 5 ELK 12 74.35.34.012810 005 012 1623 WILSHIRE CT NE ROCHESTER MN 55906 TO HE ASSESSED ------------------------------------------------------------------------------------------------------------------------------------ 48.93 INVOICE 09783 ** MEADOW PARK RESUB A ** AARON N RAT2 LOT 15 64.12.13.013402 015 1524 10 AVE SE ROCHESTER MN 55904 TO BE ASSESSED 31.95 INVOICE 10037 ** MEADOW! PARK 5TH SUB ** LONNIE J BLACKWELL LOT 5 ELK 2 64.12.42.013466 C05 002 932 16 1/4 ST SE ROCHESTER MN 55904 TO BE ASSESSED ------------------------------------------------------------------------------------------------------------------------------------ 33.45 INVOICE 09768 ** MILHOLIN SUB ** LUCAS A WHITING LOT 2 74.26.34.014207 002 709 14 ST NW ROCHESTER MN 55901 TO BE ASSESSED 31.95 INVOICE 10038 ** MOHN AND HODGE SUB ** FRED M DAHM LOT 2 ELK 1 74.36.13.014511 002 001 1222 9 ST NE ROCHESTER MN 55906 TO BE ASSESSED ------------------------------------------------------------------------------------------------------------------------------------ 31.95 INVOICE 10039 RICHARD C TUCKER LOT 4 ELK 3 74.36.13.014520 004 003 1420 9TH ST NE ROCHESTER MN 55906 TO BE ASSESSED 63.90 INVOICE 10055 CITY OF ROCHESTER LOCAL IMPROVEMENT PROPERTY LIST 10/19/06 PAGE 5 '' PAYERS NAME MAILING ADDRESS L E G A L D E S C R I P T I O N PROPERTY 10 LOT BLK HARD C TUCKER LOT 4 BLK 3 74.36.13.014520 004 003 1420 9TH ST WE ROCHESTER MN 55906 TO BE ASSESSED ------------------------------------------------------------------------------------------------------------------------------------ 47.93 INVOICE 10100 JESSICA J KIEHNE S55FT LOT 9 BLK 5 74.36.13.014532 009 005 2648 HAMPSHIRE AVE S ST LOUIS PARK MN 55426 TO BE ASSESSED 97.79 INVOICE 09741 ** MORNINGSIOE SUB ** MARION JEAN OLSON N 1/2 LOTS 9 AND 10 BLK 8 74.36.42.014805 009 00B 226 14TH AVE NE ROCHESTER MN 55906 TO BE ASSESSED 47.93 INVOICE 10101 ** NORTHERN ADDITION ** MARTIN D KRENZ LOT B BLK 10 74.35.13.015671 008 010 526 3RD AVE NW ROCHESTER MN 55901 TO BE ASSESSED ----------------------------------------------------------------------------------------------------------------------------------- 47.93 INVOICE 10102 -^'ER ENGHOLM S60FT LOT 21 BLK 25 74.35.12.015917 021 025 '145 MARION RD BE :OCHESTER MN 55904 TO BE ASSESSED 31.95 INVOICE 10111 MARY EBIN S50FT LOTS 16 AND 17 BLK 27 74.35.12.015965 016 027 1216 2 AV NW ROCHESTER MN 55901 TO BE ASSESSED ------------------------------------------------------------------------------------------------------------------------------------ 31.95 INVOICE 10040 ** NORTHGATE 5TH ADDITION ** ROBERT R BURKHOLDER LOT 9 BLK 6 74.27.24.017259 009 006 1922 23 AVE NW ROCHESTER TO BE ASSESSED -------------------- MN 55901 32.95 ------------------------------------------------ ** NORTHRIDGE 2ND SUB CHRISTOPHER J BRAITHWAITE LOT 14 BLK 1 2701 26 ST NW ROCHESTER MN 55901 TO BE ASSESSED --------------------------------- CHRISTOPHER J BRAITHWAITE 2701 26 ST NW 20CHESTER MN 55901 BE ASSESSED -------------------------------- CHRISTOPHER J BRAITHWAITE 2701 26 ST NW INVOICE 09797 ------------- s• 74.28.11.017406 C14 001 64.90 INVOICE 09798 LOT 14 BLK 1 74.28.11.017406 014 001 31.95 INVOICE 10083 --------------------------------------------------------------------------------------- LOT 14 BLK 1 74.28.11.017406 014 001 CITY OF ROCHESTER LOCAL IMPROVEMENT PROPERTY LIST 10/19/06 PAGE 6 TAXPAYERS NAME MAILING ADDRESS L E G A L D E S C R I P T I O N PROPERTY ID LOT ELK ROCHESTER MN 55901 TO BE ASSESSED --------------------------------------------------------------------------------------------------------------------------------- 63.90 INVOICE 10104 ** PARKVIEW 2ND SUB ** JEREMY L MOORE LOT 12 ELK 1 63.07.43.018688 012 001 602 NORTHERN HILLS DR NE #71 ROCHESTER MN 55906 TO BE ASSESSED ------------------------------------------------------------------------------------------------------------------------------------ 48.93 INVOICE 09776 ** REPL 1 SUNRISE ESTATES 2ND SUB ** DONALD SPEESE LOT 5 ELK 4 74.22.11.019607 005 004 7610 BERKSHIRE WAY MAPLE GROVE MN 55311 TO BE ASSESSED ------------------------------------------------------------------------------------------------------------------------------- 65.40 INVOICE 09769 DONALD SPEESE LOT 5 BILK 4 74.22.11.019607 O05 OD4 7610 BERKSHIRE WAY MAPLE GROVE MN 55311 TO BE ASSESSED 47.93 INVOICE 10042 ** REPL 3 SUNRISE ESTATES 2ND SUB ** HOMECOMINGS FINANCIAL NETWORK LOT 22 ELK 1 74.22.11.019692 022 001 9350 WAXIE WAY SAN DIEGO CA 92123 TO BE ASSESSED 31.95 INVOICE 10142 ** REPL 6 8 16 OF AUDITOR PLAT A ** NICHOLAS A BRASS LOT 8 ELK 2 64.01.12.019918 008 002 1422 2 ST SE ROCHESTER MN 55904 TO BE ASSESSED 48.93 INVOICE 09777 NICHOLAS A BRASS LOT 8 ELK 2 64.01.12.019918 008 002 1422 2 ST BE ROCHESTER MN 55904 TO BE ASSESSED 47.93 INVOICE 10043 ** ROLLING GREENS 3RD ** LEGACY PROPERTY INVESTORS LLC LOT 22 ELK 6 74.22.23.020567 022 006 3524 22 AVE NW ROCHESTER MN 55901 TO BE ASSESSED ------------------------------------------------------------------------------------------------------------------------------------ 32.45 INVOICE 10022 ** SDNNENBERG'S ADDITION " WOLDE AMANUEL FELEKE LOT 15 ELK 1 74.26.41.021473 C15 001 1623 WILSHIRE CT NE ROCHESTER MN 55906 TO BE ASSESSED 65.40 INVOICE 09745 ** STEBBINS' ADDITION ** CITY OF ROCHESTER ""PAYERS NAME MAILING ADDRESS HARINE ALSOP 15 14 AVE NE ROCHESTER MN 559C6 TO BE ASSESSED ______________________________________ MICHAEL T OUELLETTE 1106 RICHLAND AVE SAINT CHARLES TO BE ASSESSED ____________________ MICHAEL T OUELLETTE 1106 RICHLAND AVE SAINT CHARLES TO BE ASSESSED ____________________ JESSICA DUDLEY 2210 18 ST NW ROCHESTER TO BE ASSESSED ________________ MN 55972 LOCAL IMPROVEMENT PROPERTY LIST 1C/19/06 PAGE 7 LEGAL D E S C R I PT 1 0 N PROPERTY ID LOT BLK N5FT LOTS 9 10 11 AND ALL LOT 74.36.43.021595 002 12 BLK 2 31.95 INVOICE 10112 _______________________________________________________________________________________ ** SUNNYSIDE ADDITION ** LOT 18 BLK 8 64.02.44.021940 018 008 49.15 INVOICE 09953 _________________________________________________________________________________________________ LOT 18 BLK 8 64.02.44.021940 018 008 MN 55972 63.90 INVOICE 10084 ____________________________________________________________________________________________________________ ** SUNSET TERRACE 3RD ADDITION ** LOT 5 LESS E2FT THEREOF BLK 74.27.32.022518 005 3 MN 55901 48.93 INVOICE 09800 _________________________________________________________________________________________ ** VIKING HILLS 2ND ** IALD G ELSHAUG LOT 1 BLK 1 74.24.12.023861 904 GLACIER LN NE ROCHESTER MN 55906 TO BE ASSESSED ------------------------------------ BANK OF NEW YORK TRUSTEE 7105 CORPORATE DR PTX-C-35 PLANO TX 75024 TO BE ASSESSED ------------------------- _______ JPMORGAN TRUSTEE 9350 WAXIE WAY SAN DIEGO CA 92123 33.45 ------------ ____________ ** WOODLAND ADDITION LOT 10 47.93 ______________________________________________ ** CITY LANDS 107-14-36 E100FT S181 1/2FT SEC 36-107-14 LOT 10 001 001 INVOICE 09746 ____________________ 74.25.43.025615 010 INVOICE 1OD85 ___________________________________________ ** 74.36.34.026616 TO BE ASSESSED 48.43 INVOICE 10005 ____________________________________________________________________________________________________________________________________ DEAN M & MARGIE G DURHMAN W174FT N60FT S623FT LOT 48 74.36.13.C26781 048 511 10TH AVE NE SEC 36-107-14 ROCHESTER MN 55906 TO BE ASSESSED 48.93 INVOICE 09779 ____________________________________________________________________________________________________________________________________ AN M & MARGIE G DURHMAN W174FT N60FT S623FT LOT 48 74.36.13.026781 048 511 10TH AVE NE SEC 36-107-14 ROCHESTER MN 55906 TO BE ASSESSED 47.93 INVOICE 10086 ____________________________________________________________________________________________________________________________________ CITY Of ROCHESTER LOCAL IMPROVEMENT PROPERTY LIST TAXPAYERS NAME MAILING ADDRESS L E G A L 0 E S C R I P T I 0 N ** ARLINGTON SUB ARLINGTON INVESTMENTS MN III LOT 1 BLK 1 C/O DOMINIUM 2355 POLARIS LN N.,SUITE 100 PLYMOUTH MN 55447 TO BE ASSESSED 223.65 ----------------------------------------------------------------------------------- JAMES RATZ 3737 GALA LN NW ROCHESTER MN 55901 TO BE ASSESSED -------------------------------- BARBARA J PETERSON 2706 ROSE DR SE ROCHESTER MN 55904 TO BE ASSESSED -------------------------------- DONALD FREDERICK SOLUM 2636 DAKRIDGE DR SW ROCHESTER MN 55902 ** ORCHARD RIDGE 1ST ADD LOT 8 BLK 6 10/19/06 PAGE 8 PROPERTY ID LOT ELK ww 74.28.12.054404 001 001 INVOICE 10108 --------------------------------------------- kk 74.08.11.059890 008 006 32.95 INVOICE 09771 --------------------------------------------------------------------------------- ** ROSE HARBOR ESTATES ** LOT 6 BLK 2 63.07.14.060010 006 002 63.90 INVOICE 10045 --------------------------------------------------------------------------------------- ** ELMCROFT SUB ** LOT 8 64.14.31.062912 008 TO BE ASSESSED 63.90 --------------------------------------------------------------------------------- ** PINE RIDGE ESTATES 3RD SUB DAVID T BISHOP OUTLOT C LESS PC DES AS FOL 1185 PLUMMER CIR SW BEG SWCOR LOT 1 BLK 1 PINE RIDGE ESTATES 3RD SUBD TH W 268 DEGREES 20'54"AL W EXTENSION S LN SO LOT 1 75.72 FT TO THE E R-O-W LN CO RD NO 147 TH N134.52FT AL SO E R-O-W LN AL A CURVE TO THE SWCOR OUTLOT 8 SO PINE RIDGE ESTATES 3RD SUBD TH E 88 DEGREES 2C' 54" AL THE S LN SD OUTLOT B 10.30FT TO THE SECOR SO OUTLOT B TH N 20.58FT AL E LN SO OUT - LOT B AL A CURVE TO THE NECOR SD OUTLOT B TH E 88 DEGREES 20'54" AL S R-O-W LN PONDEROSA DR SW 26FT TO NWCOR SO LOT 1 TH S178 DEGREES 20'54" AL W LN SO W LN LOT 1 150FT TO THE PT OF BEG INVOICE 10144 ----------------------------------- ww 64.15.12.063318 ROCHESTER MN 55902 TO BE ASSESSED 321.64 INVOICE 09976 ----------------------------------------------------------------------------------------------------------------------------- ** BOULDER RIDGE 2ND ** LONDON T BROWN LOT 7 BLK 5 74.09.14.065254 007 005 2600 BOULDER RIDGE DR NW ROCHESTER MN 55901 TO BE ASSESSED 64.40 INVOICE 10015 ------------------------------------------------------------------------------------------------------------ ** GOLDEN HILL ADDITION ** CITY OF ROCHESTER -'PAYERS NAME MAILING ADDRESS YSZTOF KARNICKI 231 18 STREET SW ROCHESTER MN 55902 TO BE ASSESSED ------------------------------------- COUNTRYSIDE BUILDERS INC PO BOX 776 BYRON MN 55920 TO BE ASSESSED -------------------------------- CALHOUN DEV ROCHESTER HUNDRED 150 PIONEER TRAIL STE 520 CHASKA MN 55318 LOCAL IMPROVEMENT PROPERTY LIST 10/19/06 PAGE 9 L E G A L D E S C R I P T 1 0 N PROPERTY ID LOT BLK W88.15FT LOT 6 BLK 9 64.11.42.066960 006 009 63.90 INVOICE 10094 ** HUNDRED ACRE WOODS ** LOT 14 BLK 2 63.06.34.068768 014 002 32.45 INVOICE 10023 LOT 21 BLK 2 63.06.34.068775 021 002 TO BE ASSESSED 128.66 INVOICE 10024 -------------------------------------------------------------------------------------------------------------------- ** LINCOLNSHIRE NORTH 5TH SUED ** GEANA V SENG LOT 10 BLK 2 74.17.41.069417 4652 WINDSLOW LN NW ROCHESTER MN 55901 TO BE ASSESSED ------------------------------------ --INA V SENG r652 WINDSLOW LN NW =HESTER MN 559CI TO BE ASSESSED ------------------------------------ LUMBER ONE AVON INC PO BOX 7 AVON MN 56310 TO BE ASSESSED 48.43 INVOICE 09977 ----------------------------------------------------------------------------------------------------------- ** FOLWELL RIDGE SUBDIVISION ** LOT 6 BLK 3 64.03.23.069728 PLATINUM DEVELOPMENT 7206 ALLEN CT EDEN PRAIRIE TO BE ASSESSED MN 55346 HAWK RIDGE DEVLOPMENT LLC 3428 LAKERIDGE PL NW STE 200 ROCHESTER MN 55901 TO BE ASSESSED -------------------------------- GNATURE HOMES OF MINNESOTA 1015 W ST GERMAIN ST #440 ST CLOUD MN 56301 TO BE ASSESSED 766.80 ** HAWK RIDGE LOT 93 BLK 2 INVOICE 10147 H➢Gmilit 48.43 INVOICE 10007 ------------------------------------------------------------------------------- LOT 10 BLK 2 74.17.41.069417 010 002 31.95 INVOICE 10146 ------------------------------------------------------------------------------------------- ** THE VILLAS OF VALLEY SIDE 2 CI ** LOT 25 BLK 2 63.04.33.069704 025 002 006 003 RR 63.18.32.069925 093 002 639.00 INVOICE 10145 ** CRIMSON RIDGE SUBD ** LOT 13 BLK 4 74.10.32.07C323 013 004 96.49 INVOICE 10019 CITY OF ROCHESTER TAXPAYERS NAME MAILING ADDRESS SIGNATURE HOMES OF MINNESOTA 1015 W ST GERMAIN ST *440 ST CLOUD MN 56301 LOCAL IMPROVEMENT PROPERTY LIST 10/19/06 PAGE 10 L E G A L D E S C R I P T 1 0 N PROPERTY ID LOT ELK LOT 13 BLK 4 74.10.32.070323 013 004 TO BE ASSESSED 63.90 WRIGHT HOMES INC LOT 14 BLK 4 14420 GLENDA DRIVE APPLE VALLEY MN 55124 TO BE ASSESSED 64.40 --------------------------------------------------------------------------------------- ** PINE RIDGE ESTATES 5TH SUB DKMC DEVELOPMENT ETAL LOT 4 BLK I 11010 COUNTY RD 15 PLYMOUTH MN 55441 TO BE ASSESSED -------------------------------- DAVID STAMNESS 4990 SCENIC DR SW ROCHESTER MN 55902 INVOICE 10148 74.10.32.C70324 C14 004 INVOICE 10020 --------------------------------------------- 64.15.13.C70759 004 001 825.69 INVOICE 09980 ** SCENIC OAKS 3RO ADD ** LOT 1 BLK 2 64.34.22.072034 001 002 TO BE ASSESSED 95.85 --------------------------------------------------------------------- SCOTT STEKEL LOT 5 BLK 2 INVOICE 1C062 ----------------------------------------------- 64.27.33.C72038 005 002 2309 TEAKWOOD LN SW ROCHESTER MN 55902 TO BE ASSESSED 64.40 INVOICE 09978 ------------------------------------------------------------------------------------------------------------------------------------ ** HUNDRED ACRE WOODS 2ND ** CALHOUN DEV ROCHESTER HUNDRED LOT 7 BLK 4 63.06.44.074069 007 004 150 PIONEER TRAIL STE 520 CHASKA MN 55318 TO BE ASSESSED 1,182.15 INVOICE 10124 ------------------------------------------------------------------------------------------------------------------------------------ ** SALEM MEADOWS CONDO 7TH CIC148 ** MICHAEL W SAXTON ADDITIONAL REAL ESTATE FOR CIC 64.09.12.075625 003 001 7300 METRO BLVD STE 360 148 SALEM MEADOWS MINNEAPOLIS MN 55439 TO BE ASSESSED 734.85 INVOICE 10113 ------------------------------------------------------------------------------------------------------------------------------------ TOTAL TO BE ASSESSED 8,287.48 REQUEST FOR COUNCIL ACTION Mtt I INU 1 �Z / DATE: 11/20/06 J Reports and Recommendations ORIGINATING DEPT: Administration =_M DESCRIPTION: Amendment to TIF Plan and Development Agreement - Town Hall Estates ITEM O� PREPARED BY: Doug Knott'DIL The attached correspondence describes proposed amendments to the Town Hall Estates Development Assistance Agreement and TIF Plan. The impact of approving the amendments would be to increase the total amount of assistance provided to the project and the duration of the TIF District. For Pay AS You Go TIF projects, the developer is provided with a TIF note from the City. The note identifies a maximum principal amount and an interest rate. The City's liability for repayment of the TIF note is limited to the extent that the project generates enough increment to pay the principal and interest on the loan over the permitted life of the district. The approved Development Agreement provided for $240,000 in TIF assistance at an interest rate of 6%. Assuming approximately $25,000 in increment per year, The Town Hall Estates TIF District would have a duration of 15 years or less. At that point, the District would terminate and the three taxing jurisdictions would receive the benefit of the taxes from the redeveloped property. The proposed amendment provides $500,000 in assistance at 1.75% interest. If approved, the amended District would probably require the entire 25 year life of the District for repayment. The start and completion dates contained in the agreement also need to be modified. The original Agreement provided that renovation of the property was to have start in May of 2006 and be completed by the end of the year. The amendment requires a construction start of 3/1/07 with completion by 12/31/07. Town Hall Estates is currently owned by a charitable organization for an exempt use. It will remain exempt from property taxes until it is sold to a private party and redeveloped. COUNCIL ACTION REQUESTED: If the Council supports the proposed amendments, the appropriate action would be to approve an amendment to the TIF Plan and Development Assistance Agreement increasing the assistance to S500,000 at 1.75% interest and modifying the start and completion dates as noted above, with the Mayor and Clerk authorized to sign any necessary documents. ►I TO: Mayor and Council From: Doug Knott 9 lg� Date: November 9, 2oo6 Subject: Town Hall Estates Jeff Allman submitted the attached letter requesting additional tax increment assistance for the Town Hall project. The original TIF agreement provided for $240,000 in assistance on a Pay as You Go (PAYGO) basis with the TIF note carrying a 6% rate of interest. Under this form of TIF financing, Mr. Allman pays for all of the TIF eligible project costs up front and is repaid from the increments, with interest, over the life of the district. Mr. Allman is now asking for $500,000 at an interest rate of 7.75%. While there is room to provide some additional assistance, the project does not generate enough increment to support the amount requested. This memo is provides the Council with background on the project and the basic terms of a compromise recommendation. The TIF assistance will be used to help convert the former board and care facility into a 66 unit market rate efficiency apartment building. Some of the existing common area is being proposed for non residential uses. Renovation of the building was to have started in May with completion by the end of this year. Assuming that the project generated approximately $25,000 in tax increment per year, the $240,000 TIF note would have been paid off in 15 years or less. Mr. Allman anticipated that he would be able to secure a mortgage guarantee from HUD that would provide favorable financing for the project. To date, he has not been able to obtain approvals from HUD on terms that would make it feasible for him to proceed. In lieu of HUD participation, he has received preliminary financing approval from a local bank. This financing is contingent upon additional TIF assistance from the City. Our TIF plans recognize that project circumstances can change and we draft them with as much flexibility as the statute permits. In the case of the Town Hall Estates, the TIF Plan provides that the maximum increment that can be expended, including direct project costs, interest, administrative and other miscellaneous costs, is $686,000 (the estimated increment the project will generate over the life of the district, with no inflationary increase in value factored in). Mr. Allman's request of $500,000 at 7.75% interest for a 25 year term totals $1,139,000, when the interest payments are added to the principal. This is well above the plan limit. In discussing the project with Mr. Allman, it appears that the $500,000 principal amount is more important to him for purposes of financing than is the interest rate. Working within the limitations of the existing TIF Plan, the City could amend the Development Agreement to provide for a $500,000 TIF note at a 1.75% interest rate. This assumes that the duration of the district would need to run the full 25 years permitted by statute. Town Hall is a classic white elephant — too well built to justify demolition and too functionally obsolete to be financially feasible for a developer to renovate privately. If the current attempt at redevelopment of the property fails, it is reasonable to assume that the building will remain vacant for some time into the future with the eventual renovation costs increasing as the property deteriorates. The property is owned by the Religious Town Hall Meeting Association. It is currently classified as "charitable' for tax purposes and does not pay any property taxes. Mr. Allman has a purchase agreement with the owner. Staff supports increasing the TIF assistance to $500,000 at a 1.75% interest rate. We anticipate bringing an amendment to the Council at the November 20, 2006 meeting. This recommendation is made with the understanding that the seller is reducing the purchase price by $200,000 to improve the project feasibility. The Town Hall property is zoned R-2 Low Density Residential. The Council previously approved a Restricted Development for the project to allow its conversion to a 66 unit apartment building. Mr. Allman has indicated his intent to locate certain non residential uses into the lower levels of the building. Depending on the nature and the intensity of the non-residential uses, this will probably require additional action by the Plan Commission and/or Council. If you have any questions on the project, please contact me or Terry Spaeth. C: Stevan Kvenvold, Terry Spaeth, Dale Martinson ANq ALLMAN & ASSOCIATES November 1, 2006 Mr. Doug Knott City of Rochester 201 Fourth Street SE Rochester, MN 55904 RE: Town Hall Estates Dear Doug; I am writing to request the City to amend the previous TIF agreement for this redevelopment district to extend the start date of the construction and to increase the amount of the TIF. Town Hall Estates was a religious, non-profit organization which provided room and board and some nursing services to private pay and government subsidized seniors at their facility at 607 East Center Street. The original building was constructed in 1966 and funded with both a 40 year HUD guaranteed mortgage and a HUD Use Agreement limiting the building to only this use. In 2001, Town Hall Estates permanently closed its doors due to low census (12 of 66 beds occupied) and retirement of three members of the original staff. I entered into a purchase agreement with the original owners to purchase the land and building for $944,000, with the understanding I could amend the HUD Use Agreement to other HUD qualified uses. This has turned out not to be the case. Despite five years of actively developing options and alternative uses, we have been unable to get HUD's approval to amend the Use Agreement, to payoff the mortgage or to close on the deal. The 40 year obligations expire in early 2007, with HUD not having conceded anything. The proposed use of the site now is a mixed use development, for which a conditional use permit was approved previously. The majority of the building will be 66 market rate Single Room Occupancy (SRO) apartments, which will appeal to downtown workers, year around students, and city visitors staying longer than one month. These are apartments, not an extended stay hotel, and will have the same lease, credit approval, criminal background checks, employment confirmation, etc. as any other apartment tenant. They are not government subsidized low income, although Section 8 Vouchers are welcome and the rates are likely to be near the federal Fair Market Rent (FMR) guidelines. The common areas of the building not used by the housing function will be opportunistically used for tenant and office spaces, in order to achieve highest and best return on the developer's investment. Rehabilitation and refurbishing the building, once acquired, will cost $1,630,000 in construction improvements, and will make the building good as new for the future life of the building. MWIMa Ma Iatu 110106d., 323 SOUTH BROADWAY I ROCHESTER, MN 55904.6506 1 PHONE 507-282.9082 1 Fax 507-282.4199 www.aUmanassoc.com There are two deals possible today, both of which require City of Rochester TIF support. With the vigorous support of Sandy Keith, Doug Knott, State Senator Dave Senjem and US Congressman Gil Gutknecht, HUD agreed to finance the project, although at a level and with sufficient encumbrances to make this option unattractive. Merchants Bank has agreed to fund this project with a conventional mortgage, including being willing to take assignment of Pay -As -You -Go TIF proceeds to increase the amount that can be spent on building improvements. This is the option we wish to take. The Developer has spent over $300,000 the past five years maintai.^vng the empty building while attempting to advance the project. This money, plus the time value of money for Town Hall Estates not closing on the sale, are irretrievably lost and are not part of the TIF request. The Developer originally agreed to purchase the site for approximately the value of the land alone, $944,000 or $11/SF, with no value being applied to the building at all. This was essentially the same price Town Hall Estates had negotiated with the Salvation Army for a prior deal that fell through. Because the zoning requires a conditional use permit, the age and specialized functions of the building, appraisers at HUD and the Tax Assessors office value the site at the cost of the land less removal of the building, less than $28,000. This $916,000 discrepancy, plus HUD's reticence to allow early retirement of the prior mortgage or Use Agreement have stopped the deal to date. Today's option is this. Merchants Bank has agreed to a conventional mortgage loan $1,550,000. They will loan an additional $500,000 if the city agrees to amend the TIF agreement to refund 95% of property taxes paid until either $500,000 is paid off or the TIF Redevelopment District Expires, whichever comes first. Town Hall Estates has reduced their selling price $200,000. The City foregoes property tax for a period, but gets much needed workforce housing in place this spring and avoids this property going derelict. The interest rate on the TIF agreement is the same as the mortgage, 7.75%, and the Developer agrees to get underway this winter and be open next year. The project financing would look like this Developer Down payment $ 487,000 Purchase Price $ 744,000 Merchants Bank $1,550,000 Construction Cost $ 1,630,000 TIF / Merchants Bank $ 500,000 Soft Costs $ 163.000 Total $2,537,000 $ 2,537,000 Will you please endorse this plan, and forward it to the City Council? r�Siin'cerreellfy, ^ V G wv�__ Jeff Allman PE REQUEST FOR COUNCIL ACTION MEETING { V t / DATE: 11-20-06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. REPORTS & RECOMMENDATION I PLANNING ITEM DESCRIPTION: Reconsider item E-5 from the November 6, 2006 Council PREPARED BY: meeting to reconsider wording for condition #8 (aka "H") which was added by the Mid A. Baker, City Council. Senior Planner November 15, 2006 On November 6, 2006, the Rochester City Council approved GDP #271 to be known as Village on 3d. As part of the Council decision, the Council added a condition requiring a fence. According to the City Attorney, the language of the condition reads as follows: H. An eight -foot high fence, required for safety and security purposes, must be installed along the property line. As worded, the 8400t fence would be required along the entire perimeter of the property, since the condition does not specify which property line is to have a fence, and which is not. The Council's discussion regarding the fence seemed to be focused on fencing adjacent to the single family homes along the southern portion of the Village on 3rd development project. This condition should be re -worded to clarify the portion(s) of the property line requiring an 8-foot fence. Staff does not recommend an 8-foot fence along the entire perimeter of the project. Council Action Needed: 1. Move to re -consider item E-5 from 1116106 Council meeting. 2. Motion to re -word condition 8 (aka "H) to clarify the portion(s) of the property line requiring an 8-foot fence. 1, 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 20, 2006 in the Council 1 Board Chamber at the Rochester - Olmsted Government Center Building f:OUNCILACTION: Motion by: second by to: REQUEST FOR COUNCIL ACTION MEETING DATE: I1/20/06 AGENDA SECTION: ORIGINATING DEPT: ITZNO.DESOLUTIONS AND ORDINANCES CITY ATTORNEY'S OFFICE G IBM DESCRIPTION: PBY:RESOLUTIONS AND ORDINANCES TKINS G. 1. RESOLUTIONS G. 2. FIRST READING OF ORDINANCES, as appropriate. G. 3. SECOND READING OF ORDINANCES (for adoption). None Scheduled. G.4. MISCELLANEOUS :OUNCIL ACTION: Motion by: Second by: to: