HomeMy WebLinkAbout01/18/2006_RegularCITY OF ROCHESTER
M COUNCIL AGENDA
COUNCIL/BOARD CHAMBERS
GOVERNMENT CENTER
151 4T" STREET SE
MEETING NO. 2 JANUARY 18, 2006
REGULAR ADJOURNED 7:00 P.M.
VLENA E CIF A LECWNCE
11A F:
1-2 A) OPEN COMMENT PERIOD
B) CALL TO ORDER
C) LETTERS AND PETITIONS
3-4 D)
CONSENT AGENDAIORGANIZATIONAL BUSINESS
1)
Approval of Minutes
5-6
2)
Department Head Compensation for 2006
• 7-8
3)
RPU Director's Compensation for 2006
9-10
4)
Request for Public Hearing to Consider an Ordinance Amending the
Home Rule Charter, Subdivision 3 of Section 3.06 and Repealing Section
5.09 (vacancies)
11-12
5)
Licenses, Bonds and Miscellaneous Activities
13-14
6)
Adopt Ordinance on Enforcement of Parking Meters on Certain Holidays
15-16
7)
Transfer of Radisson Plaza Hotel Liquor License Areas to New Liquor
Licensee — TAC 1 LLC & BGD5 Limited Partnership
17-18
8)
Approval of Accounts Payable
19-32
9)
Agreements for Construction of the New Graham Arena
33-36
10)
Orderly Annexation #05-17 by Rochester Area Habitat for Humanity. The
applicant is proposing to annex approximately % of an acre of land
located along Knollwood Drive SE, north of 15"' Street SE, described as
Lots 2 and 3, Block 9, Rose Harbor 4t�' Subdivision Marion Township.
37-38
11)
Advertise for Bids: Southwood Townhomes (J-6530)
39-40
12)
Viking Drive NW No -Parking Zone Changes
41-42
13)
Project Solicitation and Prioritization for FY2006/FY2010 Federal Highway
Funds
14)
City Hall Remodel
15)
Revocable Permit: Senior Citizens Services, Inc. Monitoring Wells on City
Property
0
E) HEARINGS
43-44 1) Increase in ZIPS Fares
45-46 2) Consider the Proposed Charter Amendment Related to Bid Openings
47-48
•
•
F) REPORTS AND RECOMMENDATIONS
G) RESOLUTIONS AND ORDINANCES
H) TABLED ITEMS
1) OTHER BUSINESS
J) ADJOURNMENT
REQUEST FOR COUNCIL ACTION
MEETING I
DATE: 1 / I S/06 I
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
OPEN COMMENT PERIOD
CITY ADMINISTRATOR
A
DESCRIPTION: OPEN COMMENT PERIOD
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.
JNCILACTION: Mouonby: Second by: to:
REQUEST FOR COUNCIL ACTION
MEETING 3
DATE: 1/18/06
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
CONSENT AGENDA
CITY ADMINISTRATOR
D-1-13
I' )ESCRIPTION: 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 they wish to have removed from the consent agenda
approval and to have them discussed and acted upon separately by the Council.
The consent agenda for this meeting consists of the following RCAs:
1) Approval of Minutes
2) Department Head Compensation for 2006
3) RPU Director's Compensation for 2006
4) Request for Public Hearing to Consider an Ordinance Amending the Home Rule
Charter, Subdivision 3 of Section 3.06 and Repealing Section 5.09 (vacancies)
5) Licenses, Bonds and Miscellaneous Activities
6) Adopt Ordinance on Enforcement of Parking Meters on Certain Holidays
7) Transfer of Radisson Plaza Hotel Liquor License Areas to New Liquor Licensee —
TAC 1 LLC & BGD5 Limited Partnership
8) Approval of Accounts Payable
9) Agreements for Construction of the New Graham Arena
10 Orderly Annexation #05-17 by Rochester Area Habitat for Humanity. The
applicant is proposing to annex approximately '/. of an acre of land located along
Knollwood Drive SE, north of 15th Street SE, described as Lots 2 and 3, Block 9,
Rose Harbor 4ch Subdivision Marion Township.
11) Advertise for Bids: Southwood Townhomes (J-6530)
12) Viking Drive NW No -Parking Zone Changes
13) Project Solicitation and Prioritization for FY2006/FY2010 Federal Highway Funds
COUNCIL ACTION REOUESTED:
Motion to approve consent agenda items
C _ _ _VCIL ACTION: Motion by: Second by: to:
REQUEST FOR COUNCIL ACTION
MEETING
DATE: 1/18/06
AGENDA SECTION:
CONSENT
ORIGINATING DEPT:
ADMINISTRATION
ITEM NO.
b- PL-
DESCRIPTION: DEPARTMENT HEAD COMPENSATION FOR 2006
PREPARED BY:
S. KVENVOLD
The department heads are organized as a meet and confer group for the purpose of
negotiating their 2006 compensation.
The Personnel Advisory Committee has reviewed the department head's 2006 compensation
proposal and recommend approval of the following 2006 compensation for the department
heads:
- A 2% increase in base pay effective 1/1/06
The department head pay range should be adjusted to coordinate this pay range
and work points with these positions in the RPEA union in order to conform with
pay equity requirements. The department heads have requested a 3% pay range
adjustment; in some cases involving the lower compensated department head
positions, the pay range adjustment may exceed 3% in order to meet pay equity
requirements. Pay range adjustments do not result in any automatic
compensation increases.
The pay for performance merit range be established at 0 — 3% (same as 2005)
A department head at the maximum of his/her pay range should be eligible to
receive a pay for performance increase of 0.5 — 3% paid as a lump sum. Such
lump sum payment shall not be added to the base compensation and shall not be
used to recalculate annual salary levels.
Personal Leave Time as follows: (same as 2005)
Years of Service Hours
0-3 28
3-5 36
5+ 48
Personal Leave Time earned in 2006 must be used in 2006.
The ICMA Vantagecare Retirement Health Savings plan be amended to:
Include accrued "leave hours in lieu of compensation" as an optional pay
type that may be contributed upon separation or retirement (similar to the option
to contributing accrued vacation balances) to accommodate those in excess of
the governor's salary cap.
Include that employees have only one, one-time irrevocable election to
make a pre-tax contribution of their gross pay in a percentage ranging between
0% to and including 50%. (The plan previously allowed for one election at 1.5%
of salary and a second election at whatever percent the employee selected.
After working with ICMA, this language will allow maximum flexibility, anywhere
between 0% to and including 50% of gross pay).
- These amendments do not cost the organization any additional monies.
COUNCIL ACTION: Motion by: Second by: to:
E
Request for Council Action
Wednesday, February 18, 2006
Page 2
That the life insurance cap be increased from $250,000 to $500,000 and
that the City shall provide life insurance coverage in an amount not less than 2
times an employee's salary rounded upwards to the nearest $50,000 increment.
(Under this plan, an employee making $130,000 in annual salary would receive
insurance coverage of $300,000. This change may increase excess life insurance
earnings report on W-2 forms).
Council Action Requested
Request a motion approving the department head 2006 compensation/benefits as proposed
above.
To: Department Heads
The City Council approved your 2006 compensation proposal on 1/18106. Not included in the
Council's approval was the additional day of personal leave or the 1 % before tax contribution to
the health care savings plan. The council did approve of the additional life insurance coverage;
the above attachment indicates the amount of life insurance coverage now available to you and
the cost of such coverage. The insurance underwriter suggested that such coverage be limited to
$400,000; 1 brought this point up with the Council and they agreed to the $400,000 limit. This is
not as issue with any of you yet since the highest coverage currently would be $300,000.
For those department heads receiving greater than $250,000 in life insurance coverage, proof of
insurability may be required by the insurance company.
Stevan
From: King, Jenny
Sent: Wednesday, January 18, 2006 4:14 PM
To: Kvenvold, Steve; Martinson, Dale
Cc: 'jhochs@ochsinc.com'
Subject: dept head life ins proposal
Here is the information from the underwriter see required criteria for changes. If you have any
questions, please let me know.
Jennifer King
Risk Manager/Purchasing Officer
City of Rochester
201 4th Street SE - Room 204
Rochester, MN 55904-3779
507-285-8037
507-529-4587 fax
IMPORTANT NOTE: The information contained in this transmission is private and confidential. It is
intended only for the recipient(s) named above. If you are not named above, nor an agent of a recipient,
then you have received this in error, and to review, distribute or copy this transmission or its attachments is
prohibited by federal law. If you have received this in error, please notify the sender by e-mail or fax reply
immediately. If you are the proper recipient, and this contains Protected Health information, you must
abide by the rules of HIPAA and other privacy laws that apply.
REQUEST FOR COUNCIL ACTION
MEETING
DATE: 1 / 1 S/06
AGENDA SECTION:
ORIGINATING DEPT:
.
CONSENT AGENDA
ADMINISTRATION
EPREPARED
_... DESCRIPTION: RPU DIRECTOR'S COMPENSATION FOR 2006
BY:
NVOLD
Five individuals that serve as Directors in RPU's organizational structure were removed from
the Rochester Professional Employees Association union since these individuals are viewed
as confidential employees.
These five individuals formed a meet and confer group for the purpose of negotiating their
2006 compensation.
The Personnel Advisory Committee 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 2006.
- Pay for performance or merit range be 0% - 2%
- Establish Healthcare Savings Plan participation of the employee's choice but as a
minimum the option to participate in the Minnesota State Retirement System plan,
the ICMA plan or the Nationwide plan.
- The standard benefit package accorded City employees and defined in the City
Rules and Regulations.
Four employees in the Human Resources Department were also removed from the RPEA
union due to their confidential employee status. These four individuals are not associated
with any negotiating group, however, these employees should receive the same
compensation and benefits as the RPU meet and confer group.
Council Action Requested
Request a motion approving the 2006 compensation for the RPU Directors and Human
Resources exempt employees as proposed above.
JNCILACTION: Moron by: Second by: to:
REQUEST FOR COUNCIL ACTION
MEETING
DATE, 1118/06
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
Consent Agenda
CHARTER COMMISSION
D_
I DESCRIPTION: Request for public hearing to consider an ordinance amending the home rule
PREPARED BY:
er, Subdivision 3 of Section 3.06, and repealing Section 5.09 (vacancies).
Charter
Commission
The Charter Commission proposes that the City Council amend Subdivision 3 of Section 3.06 of the
Rochester Home Rule Charter and delete Section 5.09 relative to the process for filling vacancies in the
ward councilmember position. The charter currently contains both appointment and special election
provisions to fill a vacant ward councilmember position. To avoid confusion over which process is to be
used, and to ensure that a special election will be called if a vacancy occurs more than one year prior to
the next general election and not otherwise, the commission proposes an amendment to Subdivision 3 of
Section 3.06, and the repeal of Section 5.09. The proposed amendment reads as follows:
Subdivision 3. Ward Councilmember. A vacancy in any ward councilmember position shall be filled as follows:
(1) If the vacancy occurs more than one year prior to the next regularly scheduled general election, the council shall call a
special election to fill the unexpired term of the vacant position. The elected successor shall serve until the next regularly
scheduled election for that position and until the successor is elected and qualified. Until the time the vacancy is filled by a
special election and a successor is elected and qualified, the common council may make a temporary appointment to fill
the vacancy.
(2) If the vacancy occurs less than one year prior to the next regularly scheduled general election, the council shall appoint
a successor who shall serve until a successor is elected and qualified at that next general election. The elected successor
shall serve for the unexpired term of the vacant position unless that position was scheduled to be filled at that election.
(TO REPLACE: Subdivision 3. Ward Councilmember. The common council shall call a special election to fill a vacancy in
any ward councilmember position. The elected successor shall serve until the next regularly scheduled election for that
position and until the successor is elected and qualified.)
(DELETE) SECTION 5.09. (Vacancy). In the event of a vacancy in the office of Councilmember-at-large or ward
Councilmember, a successor shall be appointed by the common council to hold office until the successor of such
appointee is elected and qualified.
The City Attorney's office has concluded that this amendment will allow the Council's appointment to serve
until the successor is elected during the 2006 general election. The City Council is not prohibited,
however, in calling for a special election if such action is taken prior to the effective date of this amendment.
Under Minn. Stat. §410.12, subd. 7, amendments to the charter may be made by ordinance upon
recommendation by the charter commission. Amendment of a charter may be made only after a public
hearing upon two weeks' published notice containing the text of the proposed amendment. Following the
hearing, the council may adopt the ordinance amending the charter by affirmative vote of all its members,
subject to the public's right to object by petition.
COUNCIL ACTION REQUESTED: By motion, direct the City Clerk to publish notice of a public hearing to
be held Wednesday, February 22, 2006, at 7:00 p.m., to consider the proposed amendment by ordinance.
Following that hearing, the council may adopt the proposed ordinance upon affirmative vote of all members
present.
JNCIL ACTION: Motion by: second by: to:
REQUEST FOR COUNCIL ACTION MEETING
DATE: 1/18/06
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
CONSENT AGENDA
CITY CLERK
1'. _... DESCRIPTION: LICENSES, BONDS & MISCELLANEOUS CITY ACTIVITIES
DoEP AR SDCHOTT
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 outstan(.ing
debts with the City of Rochester.
GAMBLING -PREMISE PERMIT
Multiple Sclerosis Society
200 12th Ave South
Minneapolis Mn 55415
PREMISE AT:
BRB Billiards
1207 7th St NW
Rochester Amateur Sports Commission
30 Civic Center Dr SE
Rochester Mn 55904
PREMISE RENEWALS AT:
Shady Hill Grille
401 6`b St SW
Comfort Lounge
1625 South Broadway
Colonial Lanes
1828 14' St NW
GAMBLING — TEMPORARY
Aldrich Memorial Nursery School
855 Essex Parkway NW
Rochester, Mn. 55901
Raffle 5/6/06
Rochester Archery Club
3440 No Valley Dr NE
Rochester, Mn. 55906
Raffle 1/28/06 AT
4-H Building — Fairgrounds
3`d Save SE
,...JNCIL ACTION: Motion by: second by: to:
\ LICENSES, BONDS AND MISCELLANEOUS CITY ACTIVITIES
PAGE 2
JANUARY 18, 2006
LIQUOR — ON SALE TEMPORARY
Leukemia Society
8441 Wayzata Blvd Suite 340
Golden Valley, Mn. 55426
Fundraiser at Odd Fellows Hall 2/23/06
25f'StSW
COUNCIL ACTION REQUESTED
A motion to approve the above license, bonds and miscellaneous city activities.
REQUEST FOR COUNCIL ACTION
MEETING �3
DATE: 1 / 18/06
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
Consent Agenda
City Clerk
'ice 0 o
1. "., DESCRIPTION: Adopt Ordinance on Enforcement of Parking Meters on Certain
PREPARED BY:
Holidays
Judy Scherr
At the Committee -of -the -Whole meeting on January 9, 2006, the Common Council was told of
problems with parking meter enforcement for "floating" holidays that fell on Saturdays or
Sundays. These "floating" holidays pertain only to Christmas Day, New Year's Day and the 4'
of July.
Persons parking at meters on Monday, December 26, 2005, were ticketed as they assumed there
would be no enforcement on the legal holiday observation. After receiving telephone calls noting
the confusion, the Rochester Police Department suspended issuing tickets until the matter could
be discussed.
The Common Council determined that when Christmas Day, New Year's Day and the 4`t' of July
fall on a Saturday or Sunday, the Friday or Monday would not have meter enforcement.
The attached ordinance from the City Attorney clarifies the dates parking meters will not be
enforced.
COUNCIL ACTION REQUESTED
A motion to approve the prepared ordinance outlining holidays when there will be no enforcement
at parking meters.
L,wuNCIL ACTION: Motion by: Second by: to:
REQUEST FOR COUNCIL ACTION
MEETING
DATE: 1 /1 S/06
AGENDASECTION:
ORIGINATING DEPT:
ITEM NO.
Consent Agenda
City Clerk
h rm DESCRIPTION: Transfer of Radisson Plaza Hotel Liquor License Areas to New Liquor
PREPARED BY:
Licensee - TAC 1 LLC & BGD5 Limited Partnership
Judy Scherr
On October 1, 2005, the On -Sale Intoxicating and Sunday Liquor Licenses for the Radisson Plaza
Hotel were transferred to TAC 1 LLC. The licenses covered all areas of the hotel.
BGD5 Limited Partnership is requesting the Common Council to grant their request for an On -
Sale Intoxicating Liquor, Sunday Liquor, Dance and 2:00 AM Licenses for portions of the hotel
that will not be under the operation of TAC I LLC.
The BGD5 Limited Partnership licenses will incorporate only the 11`h Floor Plaza Club, the
Regency Room, the Centerplace Room, the Boardroom, the four sections of the Galleria
Ballroom, and the pre -function space adjacent to the Ballroom. A bar/restaurant is proposed for
the first floor of the hotel which would also be covered by the BGD5 license.
The TAC 1 LLC licenses will operate Metro space on the second floor which includes the present
restaurant and at this time the open space across the hall which will become a future restaurant/bar
area. In addition, TAC I will handle all room service for alcoholic beverages.
A detailed map of the areas to be licensed by BGD5 Limited Partnership and the areas that will
remain under the license of TAC 1 LLC is available for viewing in the City Clerk's Office. Due
to it's size, it was unable to be reproduced.
COUNCIL ACTION REQUESTED
A motion to issue an On -Sale Intoxicating Liquor, Sunday, Dance and 2:00 AM license to BGD5
Limited Partnership for portions of the Radisson Plaza Hotel and transfer those portions of the
Hotel from the liquor license for TAC 1 as noted above.
t.ut1NCIL ACTION: Motion by: Second by: to:
REQUEST FOR COUNCIL ACTION MEETING
DATE: 1 /18/06
AGENDA SECTION:
Consent Agenda
ORIGINATING DEPT:
Finance Department
ITEM NO.
S
�,A DESCRIPTION:
PREPARED BY:
Approval of Accounts Payable
Dale Martinson
Respectfully request a motion to approve the following cash disbursements:
Investment purchases of $0.00
Accounts payable of $1,339,843.88
Total disbursements $1,339,843.88
(Detailed listing of disbursements submitted separately.)
t,%jJNCIL ACTION: Motion by: Second by: to:
REQUEST FOR COUNCIL ACTION
MEETING I8 D
DATE: tfiT}B6
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
CONSENT AGENDA
PARK & RECREATION
-b -
—.A DESCRIPTION: AGREEMENTS FOR CONSTRUCTION OF THE NEW GRAHAM
PREPARED BY:
ARENA
Roy Sutherland
For a number of months, people have been working on a number of issues regarding construction of a 4" ice arena at the
Graham Complex. This has been very difficult and time consuming process but is well worth the effort.
The Rochester Youth Hockey Association (RYHA) is proposing to build a 4" arena at the Graham Complex. Under their
proposal, RYHA is asking the City and County to contribute $900,000 each over the next 12 years. This amounts to
$75,000 per year payment to the project. In addition, School District 4535 and Lourdes will contribute $600,000 towards
this project through capital ice credits. The estimated cost for the new building is $5.3 million.
The RYHA will contribute $1 million upfront toward the project and pay off the balance of the construction, less the City,
County, School District and Lourdes payments over the next 15 years.
The proposed arena is a very exciting project. This will give us an opportunity for a 4" arena at the Graham Complex and it
will allow as to connect the four buildings. Four ice arenas at one site will give us an opportunity to host larger hockey
tournaments. In addition, it will provide another facility where games can be played.
In order for the project to proceed, there are three agreements that will need to be signed. These include:
1) Memorandum of Understanding
➢ The Memorandum of Understanding spells out the finances involved in this project.
2) A revised 1992 City/County Management Agreement
➢ The arenas are County buildings and managed by the City of Rochester. This agreement spells out those
responsibilities and a form of this agreement has been in place since 1969.
3) A Use Agreement with RYHA
➢ The Use agreement is a clarification of action taken with the construction of Graham Arena West in 1969. This
agreement spells out the rights and responsibilities of the parties involved in the operation of this building. The
agreement as written changes the amount of ice credits from 23.5 to 28 hours. This is a compromise and the 28
hours represents what was in the 1969 agreement.
The City Attomey has advised us that the agreements, because they involve RYHA, the County and the City, need to be
signed by all parties. We are recommending that the City sign the agreements and forward them to the County for their
ratification. We are under the impression that both the County and RY14A support and will sign the three agreements.
COUNCIL ACTION REOUESTED:
Approve agreements as written and execute on behalf of the City.
UNCIL ACTION: Motion by: second by: to:
COUNTY OF OLMSTED -CITY OF ROCHESTER
GRAHAMARENA MANA GEMENTAGREEMENT (1-12-06)
THIS AGREEMENT made between the County of Olmsted, a political subdivision of the
State of Minnesota, hereinafter called the County, and the City of Rochester, Minnesota, a
municipal corporation and city under its Charter and the Laws of the State of Minnesota,
hereinafter called the City.
WITNESSETH:
WHEREAS, the County, with the cooperation and financial assistance of the Rochester
Youth Hockey Association (RYHA) and the City, have constructed three multipurpose ice
arenas, and with the cooperation and financial assistance of Independent School District #535,
Lourdes, RYHA, and City will be constructing an additional multipurpose ice arena, "Graham
Arena IV," on the Olmsted County Fairgrounds/Graham Park which collectively are referred to
as "Graham Arenas" or "arenas"; and
WHEREAS, the County and the City are desirous of entering into an agreement
under the authority of the Joint Exercise of Powers Act (Minnesota Statute Sections
471.59, 471.15, and 471.16) whereby the City, through its Park and Recreation
Department, will manage, supervise and maintain Graham Arena East, West, North, and
IV.
NOW, THEREFORE, it is hereby mutually agreed between the County and the City as
follows:
1. During the period two weeks prior to the week of, and one week after the annual
Olmsted County Fair, all multi -purpose Graham Arena buildings shall be under the
supervision and control of the County to be devoted to whatever purposes the County
deems proper.
2. During the balance of the year, all Graham Arena buildings shall be under the
supervision and control of the City for the purpose of providing an exhibition center and
a public ice skating facility.
3. During the time that the Graham Arenas are under City control, the City shall
perform all functions relating to supervision, scheduling, administration, operation, and
maintenance of the building including necessary snow removal on walks, drives, and
parking areas immediately adjacent to the building. Major capital repairs ($25,000 or
more) shall require prior approval of both the City Board of Park Commissioners and
Olmsted County Public Works Director. The City and County will equally share the costs
of these major capital repairs.
1
R
4. The City shall submit to the County Public Works Director and County
Administrator, for review and approval, the proposed operating and capital budgets
for the Graham Arenas prior to its budget process and adoption by the City. The itemized
budget will include details of revenues and expenses. The proposed ice and non -ice rental
rates for all users will be included in revenue projections. The City and County will
jointly prepare a 5 Year Capital Improvement Program for the arenas. The first year will
be included in the capital budget portion of annual budget requests.
5. Each party shall be responsible for providing general liability coverage while
operations are under their direction and control, either by purchase of general liability
insurance, a self insurance program, or by obtaining certificates of insurance and hold
harmless agreements from leases. The County shall insure the building and improvements
for full replacement cost with all risk fire and extended coverage insurance. The City
shall insure all contents which it owns.
City and County agree that in the event all or any part of the premises (including
any buildings, improvements or other real or personal property located thereon) are
damaged or destroyed by fire or other casualty and/or if any time loss is suffered as a
result thereof, the rights or claims of either party or its employees, agents, successors or
assigns against the other with respect to such liability for any loss, destruction or damage
suffered as a result of negligence of either party or their employees or agents, are hereby
released and discharged and any and all subrogation rights or claims under any insurance
coverage's insuring the Premises and City or County property on the Premises are
likewise waived to the extent of the insurance coverage carried. All policies of fire and
extended coverage, vandalism, malicious mischief and all risk insurance coverage
covering the Premises (including all buildings, improvements and other real or personal
property) and time element exposures, shall contain a clause or endorsement providing
that the insurance shall not be prejudiced if the insured have waived their rights of
recovery (including subrogation rights) against any person or any company prior to the
date of loss, destruction or damage.
6. The City and County shall each pay one-half of net operating loss or equally share
net operating profit.
7. The City and County shall keep an accurate record of all fees and revenue
received and all expenditures made and expenses incurred in the operation of the arenas.
"Net operating loss" or "net operating profit" shall be determined by subtracting the sum
total of all expenditures made by the City and County in the operation of the arenas and
revenues received by the City and County in the operation of the arenas. As soon after
December 31st of each year as income and expense figures are available, the City Parks
and Recreation Superintendent and County Public Works Director, or representatives of
each, shall meet and agree upon the County's financial contribution as determined under
the guidelines established in Section 4 and 6 of this Agreement.
�r
The City Parks and Recreation Superintendent, or designee, shall inform the
Olmsted County Public Works Director (prior to booking any event) of any special rates,
discounts, exchange of facility use, or other arrangements that differ from normal
established rental rates or agreements.
8. The City will charge ISD 535 and Lourdes, and any other public or private
school or district schools the "established user rate", the same as RYHA, (currently
$130 per hour) for all ice rental at Graham Arenas West, East, North, IV, and the
Recreation Center.
For purposes of this Agreement, $600,000 of the funds Olmsted County paid
towards the construction of Graham Arena IV shall be considered the schools' share. Part
of the capital cost repayment to the County for the schools' share will be funded from the
ice rental fees paid by all schools. An ice rental surcharge (currently $40 per hour) will be
added to all ice rentals at Graham Arena West, East, North and IV and Recreation Center
until the County financing for Graham Arena IV debt is repaid in full.
The City Parks and Recreation Superintendent will provide a detailed
accounting of the schools ice rental use at the Recreation Center and Graham Arenas.
The City Finance Department will forward the repayment funds so
calculated to the County Finance Department on a monthlyand the County will
apply the payments against the debt service interest bearing contribution
amount. This arrangement will continue until the contribution has been repaid in full.
9. The City and County acknowledge the financial support for the
construction of the $5.3 million "Graham Arena IV" project from the following
organizations:
Organization
Down
Payment
Annual
rs 1-12
Annual
rs 13 -
Project
Total
Percentage
Youth Hockey
$1,OW,000
$213,807
$363,806
$4,657,102
66.0%
Olmsted County
-0-
$ 75,000
-0-
$ 900,000
12.8%
City of Rochester
-0-
$ 75,000
-0-
$ 900,000
12.8%
ISD 535/Lourdes
-0-
$ 40,000
$ 40,000
$ 600,000
8.5%
Total
$1,000,000
$403,807
$403 806
$7 057102
100.0%
RYHA will make a $1 million down payment. The estimated bond issue cost is
$100,000. The $4.4 million balance will be financed by the County for 15 years, at
estimated 4.4% interest rates, with estimated annual payments of $403,807 paid semi-
annually.
10. This Agreement shall automatically renew each April 1st, unless terminated in
writing by either party. Any termination shall be effective on March 31s` of any
year, and shall be accomplished by written notice given by the terminating party to the
other party at least 180 days prior to December 31 s`.
3
0
11. This Agreement supersedes the "Graham Arena Management Agreement'
endorsed by Olmsted County, Dated September 13, 1983, October 28, 1993, September
13, 1995, and April 8, 1997 and endorsed by City of Rochester, Dated October 3, 1983,
November 9, 1993, September 7, 1995, and May 6, 1997 and any other prior agreement
between the parties concerning Graham Arena.
DATED:
DATED:
COUNTY OF OLMSTED
ED
Chairperson
Board of County Commissioners
ATTEST
Clerk -Administrator
CITY OF ROCHESTER
m
Mayor
ATTEST
City Clerk
M
119
MEMORANDUM OF UNDERSTANDING (FINAL.1-12-06)
RYHA, CITY OF ROCHESTER and the COUNTY OF OLMSTED
GRAHAM IV
Memorandum of Understanding dated this day of 2006 by and between
Rochester Juvenile Hockey Association, Inc., in cooperation with Rochester Mite Hockey Association,
Inc. (hereinafter together referred to as "Rochester Hockey" or "RYHA"), the City of Rochester ("City")
and the County of Olmsted (hereinafter called "County").
WHEREAS, Rochester Hockey desires to build a new ice arena and amenities thereto (Graham IV)
currently estimated to cost $5.3 million at the Graham complex, to be used by Rochester Hockey and
others for hockey games, practices, and other uses and is willing to contribute $1.0 million in advance of
design toward that estimated cost, and
WHEREAS, the County is willing to issue bonds for approximately $4.3 million to finance the remainder
of the project, payable over not less than fifteen (15) years, and
WHEREAS, the County is desirous of owning the building and accepting payments by RYHA towards
the Graham IV financial investment, and
WHEREAS, the City of Rochester is desirous of managing the ice arenas in cooperation with Rochester
Hockey and other ice users and Rochester Hockey is desirous of the City managing the ice arenas, and
WHEREAS, all of the parties hereby desire to have this commitment memorialized
NOW THEREFORE, the parties agree as follows:
Upon acceptance by the County, Rochester Hockey agrees to pay $1 million dollars to the County
representing the down payment on this project. Said payment shall be made prior to any facility
design or the letting of any construction contracts.
1.1 The County will own the facility.
1.2 In the event the project is terminated for whatever cause the unexpended funds contributed by
RYHA will be repaid to RYHA.
1.3 The County will issue the bonds to finance the balance of the estimated costs of the facility
after the RYHA down payment.
1.4 The County will hire the design firm with the concurrence of RYHA and the City.
1.5 The County. will let bids for the construction of the project.
1.6 The County will select the site with input from the City, the Fair Board, and RYHA. The
parties agree that Graham IV should be designed so that it allows useable and attractive access
to Graham East, West, and North when not in use for hockey purposes. Graham IV will be
designed for multiple uses. Hockey may be its primary use but shall not be the only design
goal.
1.7 No gambling operations maybe conducted or headquartered in any of the Graham Buildings
without the prior approval of the City under the Management Agreement.
1.8 If occupancy of any of the four Graham facilities by RYHA for offices, retail, or any other type
of space causes portions of the properties to be subject to real estate taxes under Minnesota
law, the City will collect the necessary payments in lieu of taxes and remit them to the County.
2. The County agrees to contribute the sum of $900,000 at the rate of $75,000 per year for twelve (12)
years representing the County's share of debt repayment on the issued bonds.
3. The City agrees to contribute $900,000 at the rate of $75,000 per year for twelve (12) years as its
share of the debt repayment of the issued bonds. Such payments will be made semiannually to the
County more than 15 days prior to the Principal and Interest payments required by the bond issue.
4. From ice rentals paid by ISD 535 and Lourdes High School at the Graham Complex and at the
Recreation Center, the City is currently holding out $40.00 per hour that is being used to pay off the
bonds issued for the Graham North construction. The City agrees to review and/or adjust this capital
surcharge on an annual basis. A total of $600,000 will be collected from this surcharge during the
fifteen (15) year period of the bond and will be used to pay off the debt incurred for the construction
of Graham IV. The goal is to retire this obligation at the approximate rate of $40,000 per year, for a
period of fifteen (15) years. These monies shall be paid over to the County.
S. Rochester Hockey agrees to become contractually obligated to the County to make the semiannual
payments necessary over a 15 year period to cover the debt service not covered by others in
Paragraphs 2, 3, and 4 above. These payments shall be made so as to completely fund the debt
service 15 days prior to being due. In the event RYHA fails to make said payments, the County will
not be obligated to allow any of the Graham arenas to be used for hockey purposes. If Rochester
Hockey can meet its payment obligations by adjusting the ice rental rates of its users, the County in
its sole discretion may choose to continue to permit RYHA to use the arenas for hockey.
6. All Graham buildings will be available for the exclusive use of the Olmsted County Fair Board for a
four -week period comprised of the two -week period prior to the week of the fair, the week of the
fair, and one week after the fair, and the Fair Board shall have all income generated there from
during this time.
Graham IV will be available for RYHA hockey usage approximately eleven (11) months of the year
for a minimum of two years following the occupancy of the building for hockey purposes so long as
it is financially feasible as determined by the County Board of Commissioners. Graham East, West,
and North will be available for hockey usage for six (6) months of each year. The City shall use its
best efforts to rent out these 3 buildings during the remainder of the year.
8. Efforts will be made to ensure that Graham IV is not used for activities that involve livestock.
9. A three-way management agreement must be entered into between the County, RYHA and the City.
The City must supply to RYHA and the County detailed budgets and annual financial statements for
the entire Graham Complex with detailed staffing costs. The agreement must be complete and
signed before any design or construction commences.
Ni
10. The parties hereto acknowledge that the cooperation of all the parties is necessary to effectuate the
results desired to be obtained by this agreement and that the duties and responsibilities are
dependent upon each other in order to accomplish the goals sought through this agreement. All legal
agreements used to accomplish the goals of this Memorandum of Understanding shall be subject to
approval by the Olmsted County Attorney.
This agreement is entered into the date and year first above written. The terms herein shall expire upon
the payment of the project bond.
Rochester Juvenile Hockey Association
Dated:
By:
Its President
Dated:
By:
Its Secretary
Rochester Mite Hockey Association
Dated:
By:
Its President
Dated:
By:
Its Secretary
County of Olmsted
Dated:
BY:
Its Board Chairperson
Dated:
BY:
Its Clerk -Administrator
City of Rochester
Dated:
BY:
Its Mayor
Dated:
By
Its City Clerk
12
GRAHAM ARENA COMPLEX
FACILITY USE AGREEMENT (01-12-06)
(ROCHESTER HOCKEY, CITY OF ROCHESTER, OLMSTED COUNTY)
This agreement, dated this day of 2006, by and
between Rochester Juvenile Hockey Association, Inc. in cooperation with Rochester Mite
Hockey Association, Inc. (hereinafter collectively called "Rochester Hockey"), the City of
Rochester (hereinafter called "City"), and Olmsted County (hereinafter called "County"), and
shall be in effect for a 30 year period.
WHEREAS, Rochester Hockey desires to build, in partnership with the City and County,
a new ice arena and amenities thereto (Graham IV) at the Graham Complex, to be used by
Rochester Hockey and others for hockey games and practices; and
WHEREAS, Rochester Hockey has agreed to contribute approximately $4.7 million
towards the financing of the project, payable over not more than 15 years; and
WHEREAS, the County is willing to bond for the project and to make contributions to
the cost of the project as identified in a separate Memorandum of Understanding; and
WHEREAS, the City is also willing to contribute to the cost of the project as identified in
the separate Memorandum of Understanding; and
WHEREAS, the County and City currently have a Graham Arena Management
Agreement under which the City operates, schedules and manages the three existing sheets of ice
referred to as Graham North, Graham West and Graham East throughout most of each year, and
the parties would like this arrangement to apply to the new Graham IV facility as well; and
WHEREAS, all of the parties hereby desire to formalize this transaction herein.
NOW THEREFORE, the parties agree as follows:
1. The term of this agreement shall be from October 1, 2007, to September 30,
2037.
2. The City shall operate, schedule and manage the Graham Arena Ice Complex, including
Graham West, East, North and the new building identified in this Agreement as Graham IV, in
cooperation with Ohnsted County and Rochester Hockey.
3. All parties agree to make those financial contributions as are identified in the separate
Memorandum of Understanding related to the construction of Graham IV and abide by any
terms/agreements therein which are not contained herein.
4. The City agrees to charge, bill and collect the negotiated ice rate from all users. From ice
rentals paid by Independent School District 535 and Lourdes High School at the Graham
Complex and at the Recreation Center, the City is currently holding out $40 per hour that is
being used to pay off the bonds issued for the Graham North construction. At such time that
those bonds are retired, the City agrees to hold out $40 per hour to be used to pay off the debt
incurred for the construction of Graham IV. These moneys shall be paid over to the County
monthly.
5. The City agrees to allow Rochester Hockey the opportunity to review the
complete books and records associated with the operation of the Graham Complex at
the request of Rochester Hockey and will supply Rochester Hockey with their budget in
a timely manner so that Rochester Hockey is able to charge its members appropriately
for their participation in the Rochester Hockey program.
6. The City and the County agree that the normal Rochester Hockey schedule for ice at the
Graham Complex will be:
Graham West and North: Monday — Friday 5:30am — 6:30 am, 6:OOpm—10:45pm
Saturday 6:45am — 9:30pm
Sunday 8:OOam — 8:15pm
Graham East: Monday - Friday 5:30am — 6:30am, 6:30pm—10:00pm
Saturday 7:30am — 9:00pm
Sunday 7:30am-7:45pm
Graham IV: Monday - Friday 5:30am — 6:30am, 5:15pm — 10:00pm
Saturday 7:30am-9:00pm
Sunday 7:30am-7:45pm
The City staff will work closely with Rochester Hockey, School District 535 and Lourdes
High School to allow for a full schedule of High School games that will minimize disruptions to
the Rochester Hockey schedule.
7. RYHA may cancel ice rentals without being charged with a 24 hour notice to the facility
involved. Cancellations must be made by the Rochester Hockey Ice Coordinator and occur
during normal business hours, Monday — Friday 8:00 a.m. — 5:00 p.m. This cancellation policy
will be subject to an annual review by the City and Rochester Hockey.
8. All parties agree that Graham IV will be used as an ice arena for approximately eleven
months of each year as long as it remains financially feasible, and that the City, County and
Rochester Hockey will work in cooperation with each other to ensure mutually satisfactory usage
of the ice arena.
9. The entire Graham Arena Complex will be available for use by the Olmsted County Fair
Board for a four -week period comprised of the two weeks prior to the fair, the week of the fair,
2
and one week after the fair. Every effort will be made to accommodate potential fairground
users, who rent the entire fairgrounds on weekends. This may include allowing the use of or
closing Graham IV during events such as Gold Rush and other events that rent the entire
fairgrounds.
10. Rochester Hockey will receive a Capital Ice Credit (No Charge) at the Graham Complex
in the form of 28 hours of free ice per week. This Capital Ice Credit will be granted during the
Graham West season only (usually 21 weeks).
11. Rental rates for the Graham Complex will be reviewed, set and approved by the
Rochester Board of Park Commissioners on an annual basis, such that the rental rates
and other funds credited to the City of Rochester, Graham Arena Operating Revenue
Account will cover the costs of operation. The City will work closely with the County and
Rochester Hockey to ensure a break even operation.
12. Any discounting of the price of ice usage will be done only to maximize the overall
income stream attributable to the ice arenas.
13. Rochester Hockey shall pay all City ice bills in a timely manner and in the full amount of
the invoice. Any discrepancies will be adjusted on the following month bill. Per City policy, a
late fee of .5% (one half of one percent) will be charged on the unpaid balance after 30 days.
14. All revenue from the concession stands and vending machines will be used exclusively
for additional capital improvements and repairs to the Graham Complex.
15. All revenue (10% of gross) generated from alcohol sales received at the Graham
Complex will be applied to the City of Rochester, Graham Arena Operating Revenue
Account.
16, The Graham Complex concession rights are granted to the Rochester Hockey for the
exclusive purpose of funding building improvements at Graham Arena. Separate concession
revenue accounts shall be kept and provided to the City upon request. Rochester Hockey has the
right to sub -contract (with an approved concessions vendor) over-the-counter concessions and
vending machine service in the Graham Arena Complex. Specific vendor responsibilities and
rights are spelled out in "Section 9 of the Use Permit' document for non -ice events.
17. Rochester Hockey may, during the term of this agreement, maintain a rent-free business
office and novelty/pro shop within the Graham Complex.
18. Rochester Hockey will be allowed the non-exclusive right to sell hockey dasher board
advertising and wall advertising in the Graham Complex and retain 100% of the advertising
revenue. All advertising signs or banners are subject to the approval of the
Director of Sports Facilities or Graham Arena Manager. Said approval will not be unreasonably
withheld and will be issued in a timely manner. Rochester Hockey shall assume responsibility
for all costs and expenses associated with the creation, installation, and maintenance of these
signs. The City also has the right to sell hockey dasher board advertising and the exclusive right
3
31
to sell on -ice advertising and keep 100% of the revenue to be applied to the City of Rochester,
Graham Arena Operating Revenue Account. It is understood that Graham Arena West, East and
North are seasonal hockey facilities and any advertising done on the hockey dashers will be in
place as long as the dasher boards are installed. Wall advertising will remain in place for twelve
months or for the duration of the Rochester Hockey contract with the advertiser.
19. The City reserves the right to negotiate an exclusive Soft Drink Beverage Contract for the
entire Graham Arena Complex. The Soft Drink Contract will be binding on all vendors who
operate in the Graham Complex. The Soft Drink Contract will be part of an over-all Parks and
Recreation Department advertising plan with Graham Arena advertising revenue assigned to the
City of Rochester, Graham Arena Operating Revenue Account.
20. Rochester Hockey will work with the City and the Olmsted County Fair Board to ensure
that efforts will be is made that Graham IV is not used for activities that involve livestock.
21. The parties hereto acknowledge that the cooperation of all the parties is necessary to
effectuate the results desired to be obtained by this agreement and that the duties and
responsibilities are dependent upon each other in order to accomplish the goals sought through
this agreement.
22. This agreement replaces an agreement titled "GRAHAM ARENAIROCHESTER
YOUTH HOCKEY ICE USE AGREEMENT 2004 — 2007" dated November 19, 2004 and
signed by the Rochester Board of Park Commissioners and the President of Rochester Hockey.
This agreement constitutes the final expression of the parties' agreement and the complete and
exclusive statement of the terms agreed upon. This agreement supersedes all prior negotiations,
understandings, agreements or representations except that the existing operations agreement
between the City and County shall remain in full force and effect. No waiver, consent,
modification, or change of terms of this agreement shall bind any party unless in writing and
signed by all parties. Such waiver, consent, modification, or change shall be effective only in
specific instance and for specific purpose given.
23. No party shall assign its liabilities, duties, or obligations under this agreement without
written consent of the other parties.
24. All parties have acted in good faith and have accurately represented the costs associated
with the running and maintenance of the Graham Arena Complex.
25. This agreement shall be interpreted and construed under the laws of the State of
Minnesota.
26. This agreement shall be considered null and void should Rochester Hockey default in any
of its payment responsibilities as outlined in the separate Memorandum of Understanding related
to the Graham IV construction.
This agreement is entered into the date and year first above written.
4
Rochester Juvenile Hockey Association
Dated:
By:
Its: President
Dated:
By:
Its: Secretary
Rochester Mite Hockey Association
Dated:
By:
Its: President
Dated:
By:
Its: Secretary
City of Rochester
Dated:
By:
Its: Mayor
Dated:
By:
Its: City Clerk
Dated:
Dated:
Olmsted County
By:
Its: Board Chairperson
Bv:
Its: Administrator
5
REQUEST FOR COUNCIL ACTION
MEETING
33
DATE: 0 l- t 8-06
AGENDA SECTION:
-7
ORIGINATING DEPT:
ITEM NO.
—'NSENT AGENDA
PLANNING
2M DESCRIPTION: Orderly Annexation #05-17 by Rochester Area Habitat for Humanity.
PREPARED BY:
The applicant is proposing to annex approximately 3/4 of an acre of land located along
Theresa Fogarty,
Knollwood Drive SE, north of 15th Street SE, described as Lots 2 and 3, Block 9, Rose
Senior Planner
Harbor 41h Subdivision Marion Township.
January 10, 2006
planning Department Recommendation:
See attached staff report, dated January 10, 2006.
As part of the Orderly Annexation Agreement, property taxes payable on annexed land shall continue to be paid to the
Town of Marion for the entire year in which the annexation becomes effective. If the annexation becomes effective on or
before August 1 of a levy year, based on the date specified in the order from the Minnesota Municipal Board, the City may
levy on the annexed areas beginning with that levy year. If the annexation becomes effective after August 1 of a levy year,
the Town may continue to levy on the annexed area for that levy year. Thereafter property taxes on the annexed land shall
be paid to the City.
Council Action Needed.
1. If the Council wishes to proceed as petitioned, it should instruct the City Attorney to prepare a
resolution to be adopted and transmitted to the Department of Administration - Municipal
Boundary Adjustments.
2. The signed resolution and a copy of the Joint Resolution for Orderly Annexation (Marion Area #2)
should be transmitted to the Department of Administration - Municipal Boundary Adjustments by
the City Clerk (attached is a filing fee for the application in the amount of $25.00). The resolution
and a copy of the Joint Resolution shall also be sent to the Town of Marion and the Olmsted
County Auditor/Treasurer.
Attachments
1. Staff report, dated January 10, 2006.
Distribution:
1. City Administrator
2. City Clerk: Filing Fee Attached
3. City Attorney: Legal Description Attached
4. City Finance Director: Tax Information Attached
5. Planning Department File
6. Applicant: This item will be considered sometime after 7:00 p.m. on Wednesday, January 18, 2006, in the Council
Chambers at the Rochester / Olmsted County Government Center.
COUNCIL ACTION: Motion by: second by: to:
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ROCHESTER-OLNISTED PLANNING DEPARTiV[ENT
2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744
CC u„, y OF www.olmstedcounty.com/planning
TO: Rochester Common Council
FROM: Theresa Fogarty, Planner
DATE: January 10, 2006
rro+�
�—ii wiir �
�N4�i 0�a
RE: Orderly Annexation #05-17 by Rochester Area Habitat for Humanity. The
applicant is proposing to annex approximately 3/4 of an acre of land
located along Knollwood Drive SE, north of 15th Street SE, described as
Lots 2 and 3, Block % Rose Harbor 4th Subdivision Marion Township.
Planning Department Review:
Applicants/Owners: Rochester Area Habitat for Humanity
2200 Second Street SW, Suite 310
Rochester, MN 55902
Existing Land Use:
This property is currently platted land located in the Rose
Harbor 4111 Subdivision.
Size:
The property proposed for annexation is approximately 3/4 of
an acre.
Existing Zoning:
Though this property is not currently within the City limits, it is
within the Orderly Annexation Agreement area with Marion
Township for which the City of Rochester has extraterritorial
land use and zoning controls. The property is zoned R-1
(Mixed Single Family Residential) district on the Rochester
Zoning Map.
Future Zoning:
Upon annexation, the property will be zoned R-1 (Mixed Single
Family Residential) district on the Rochester Zoning Map.
Land Use Plan:
This property is designated for "low density residential" uses
on the Rochester Urban Service Area Land Use Plan.
Adjacency to the Municipal
The area proposed for annexation is permitted, according to
Limits:
the Joint Resolution for Orderly Annexation between the City
of Rochester and the Townboard of Marion (Area #2),
Paragraph 7 (c) a landowner seeks to develop a residential,
Commercial, industrial, or governmental use on land which is
platted or subdivided or which is proposed to be platted or
subdivided for development'at a density of more than one unit
per 40 acres. In such instance, review by the Rochester
Planning and Zoning Commission shall not be required prior
to the City acting upon said petition.
BUILDING CODE 507/285-8345 • GISIADDRESSING/MAPPING 507/295-8232 • HOUSING/HRA 507/285-8224
+m+ww PLANNINGIZONING 507/285.8232 • WELUSEPTIC 5071286-8345
FAx 507/287-2275
w� AN EQUAL OPPORI UNITY;AFFIRMATIVE ACTION EMPLOYER
r
Page 2
Annexation #05-17
Rochester Area Habitat for Humanity
January 10, 2006
Utilities: Pursuant to Minnesota Statutes 414.033 (subd.13), a
municipality must notify a petitioner that the cost of electric
utility service may change if the land is annexed to the
municipality. A notice has been provided to the applicant.
Townboard Review: Townboard review is not required for this annexation.
Report Attachments: 1. Annexation / Location Map
Staff Recommendation:
Section 7, Paragraph (c) of the Joint Resolution for Orderly Annexation (Marion Area If 2) between the City
of Rochester and Townboard of Marion allows a landowner seeks to develop a residential commercial,
industrial, or governmental use on land which is platted or subdivided or which is proposed to be platted or
subdivided for development at a density of more than one unit per 40 acres. In such instance, review by
the Rochester Planning and Zoning Commission shall not be required prior to the City acting upon said
petition.
Staff recommends that the City adopt a resolution annexing the property.
REQUEST FOR COUNCIL ACTION MEETING
AGENDA SECTION:
CONSENT AGENDA
ORIGINATING DEPT:
Public Works
:M DESCRIPTION: Advertise for Bids: Southwood Townhomes (J-6530)
DATE: 1 /18/06
ITEM NO.
l
Pf�EPARED BY:
�, D. Nelson9 l
This is a request for a resolution to advertise for bids for the following project:
Project Number
J-6530
Project Name
"Remediate Water Infiltration for Southwood Townhomes"
Project Background
During 2005 the City Council approved a Professional Engineering Services Agreement with
McGhie & Betts, Inc., for engineering analysis, study and design services for the preparation of
plans and specifications for a project to remediate the water infiltration concerns for
Southwood Townhomes.
The project is not included in the current 2006 -2011 Capital Improvement Program. It is
intended that the project costs for all the work accomplished on the private property will be
funded by the benefiting property owners. The project cost estimate is $125,000.
COUNCIL ACTION REQUESTED:
A resolution should be adopted authorizing the City Clerk to advertise for bids and conduct a
bid opening on February 22, 2006 at 11:00 AM.
Note to City Clerk:
Advertise 3 times in the Post Bulletin and Construction Bulletin beginning January 27, 2006.
1NCIL ACTION: Motion by, second by: to:
REQUEST FOR COUNCIL ACTION MEETING
DATE:
°�6
AGENDA SECTION:
CONSENT AGENDA
ORIGINATING DEPT:
Public Works
ITEM NO.
�)— I'�)L—
M DESCRIPTION:
PREPARED BY:
Viking Drive NW No -Parking Zone Changes
D. Kramer [
Several citizens have indicated concern about visibility and congestion when vehicles are parked on the
inside of the sharp horizontal curve at 2412 Viking Or NW. A no -parking zone is proposed in this area
as depicted on the attached map. The owner of the 4-plex at 2412, Mr. Bruce Closway, is agreeable to
the proposed no parking zone.
Some of the Rennings's Flowers employees park on the street to keep their parking lot open for
customers, sometimes parking in the area of the proposed no -parking zone near 2412. There is an
existing no -parking zone on both sides of Viking Or NW just north of Elton Hills Or NW, presumably to
allow safer entrance and exit from Elton Hills Dr.
I would propose to remove the existing no -parking zone on the west side of Viking Or north of Renning's
driveway to Viking Drive. Mr. Phil Schroeder with Renning's Flowers is agreeable to this. This will make
up for most of the last parking area without displacing the problem elsewhere, and should not affect
drivers' ability to enter and exit from Elton Hills Dr.
Dr. Ted Thull, DDS, owner of 2112 Viking Or NW indicated a preference to keep the existing no -parking
zone between the two driveways to his property.
COUNCIL ACTION REQUESTED:
Amend paragraph 251 in Section B "No Parking Zones" of the Comprehensive Traffic and Parking
Resolution to read as follows:
251 Viking Or NW, on the west side from Elton Hills Or NW to a point 70 feet more or less north
of Elton Hills Or NW; and on the east side from Elton Hills Or NW to a point 200 feet more or
less north of Elton Hills Or NW, at all times.
Add paragraph 341 to Section B "No Parking Zones" of the Comprehensive Traffic and Parking
Resolution to read as follows:
341 Viking Or NW, on the east side from a point 310 feet more or less north of Elton Hills Or NW
to a point 430 feet more or less north of Elton Hills Or NW, at all times.
JNCILACTION: Motion by: Second by: to:
N,-o-
REQUEST FOR COUNCIL ACTION MEETING Ai
DATE: 1 /18/06
AGENDA SECTION:
CONSENT AGENDA
ORIGINATING DEPT:
Public Works
ITEM NO.
� 13
_
M DESCRIPTION: Project Solicitation and Prioritization for FY2009 / 2010 Federal
PREPARED BY:
Highway Funds
D. Nelson
Mn/DOT is seeking additional candidate road projects for the State Transportation Improvement Program (STIP).
This is a result of additional federal funding being made available as a part of the new federal transportation act
(SAFETEA-LU). This request is for projects to be let during Fiscal Year 2009 (Oct 1, 2008 to Sep 30, 2009) and
the Fiscal Year 2010 (Oct 1, 2009 to Sep 30, 2010).
The application deadline is February 2, 2006. The applications must include prioritizing projects if more than one
is submitted. Local agencies submitting a project must also commit to funding a minimum of 20% of the
construction costs, the design & inspection cost, and the necessary ROW costs. Mn/DOT normally receives
applications for more projects than can be funded. Applications are reviewed and ranked by the Southeastern
Minnesota Area Transportation Partnership (ATP).
Public Works staff has identified the following projects that we feel would compete well for the federal funding,
and we recommend the applications be submitted based on the priority listed below:
ROAD PROJECTS (FY200912010) Cost Federal
Pri. Description Est Cost Share
Construct 20th Street S.E. from CR i to CR 36 (Bridge approach and
1 support work) $5,000,000 $1,500,000
2 TH 14 / 40th Avenue S.E. Access Management Improvments $3,000,000 $1,500,000
3 Reconstruct / widen 65th Street N.W. from TH52 to 50th Ave N.W> $2,000,000 $1,000,000
4 Reconstruct 2nd Street S.W. from 2nd Ave to 6th Ave SW $1,500,000 $750,000
COUNCIL ACTION REQUESTED:
Adopt a resolution acknowledging the City's support, sponsorship and priority of the STIP road projects,
authorizing the City Engineer to act on the City's behalf in filing and administering this application including a
commitment to secure and guarantee the local share of the project costs including the construction costs, all the
design and inspection costs, and the necessary ROW costs.
UNCIL ACTION: Motion by: Second by: to:
REQUEST FOR COUNCIL ACTION MEETING
DATE: 1/
Consent Administration
City Hall Remodel rrtcrr mcu o 1.
Doug Knott P
Staff is requesting approval to enter into a contract with TSP Architects to prepare plans and specifications to
remodel underutilized space in the lower level of City Hall for Public Works surveying and construction
inspection crews. The new space will house up to nine work stations. The purpose of the project is to alleviate
existing overcrowding due to the addition of GIS, storm water and grading personnel over the past several years
and to accommodate new staff approved in the 2006 budget.
The scope of work is anticipated to include minor mechanical and electric modifications to the room, dropping
the sprinkler heads, installing a separation wall and a finished ceiling, adding a new door and the purchase of
furnishings and equipment. The project will trigger minor modifications to other spaces in the building,
primarily to add needed records storage space. Funding for the architect's fee will come from the City Hall
maintenance budget. Once the plans are complete, we will obtain quotes for the remodeling work and bring
them back to the Council for approval. We believe that we can obtain very favorable bids by undertaking the
project at this time.
COUNCU, ACTION REOUFSTED:
Approval to enter into an agreement with TSP Architects in an amount not to exceed $6200 for City hall
remodeling.
2006 COUNCIL ACTION: Motion by: Second by: to:
REQUEST FOR COUNCIL ACTION MEETING
DATE: 1 /18/06
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
CONSENT AGENDA
Public Works
b_ is -
DESCRIPTION: Revocable Permit: Senior Citizens Services, Inc. Monitoring Wells
PREPARED BY:
on City Property
M. Nigbur,;vW
Senior Citizens Services, Inc. owns property (Lots 1 and 2, Block 51, Original Plat to the City of Rochester) on
which they maintain an asphalt surfaced parking lot to provide parking for the Senior Center. The previous owner,
Atlantic Richfield Company, a BP affiliated company (BP), of said property maintained a gas/service station at this
site, including underground storage tanks that held gasoline and other oil based products. Senior Citizens
Services, Inc. and BP must maintain monitoring wells onsite to observe the quality of the groundwater and that no
contamination from the existing underground storage tanks has taken place. Senior Citizens Services, Inc. and
BP would like to place another monitoring well in the parking lot owned by the City directly north of their site at Lot
3, Block 51, Original Plat to the City of Rochester. Senior Citizens Services, Inc. and BP shall perform all work
and bear all costs associated with the installation maintenance and repair of said facilities as well as any damage
that may occur.
Staff has reviewed the request and would recommend in favor of granting a Revocable Permit. The Owner and
BP have executed a Revocable Permit which includes the standard language for revocation and liability protection
for the City.
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COUNCIL ACTION REQUESTED: '='--
Authorize the Mayor and City Clerk to execute the Revocable Permit with Senior Citizen Services, Inc. and BP to
allow for the placement of a monitoring well in the City -owned parking lot located at Lot 3, Block 51, Original Plat
to the City of Rochester
COUNCIL ACTION: Motion by: Second by-, to:
REQUEST FOR COUNCIL ACTION
MEETING 1_18_ps�r
DATE:
AGENDA
ORIGINATING DEPT:
ITEM.
PUBLIC HEARINGS
PUBLIC WORKS
"'�
A INCREASE IN ZIPS FARES
PREPARED A�((
A KNAUER
This public hearing was held over from December 12, 2005 to consider an increase in fares
charged on ZIPS Dial- A -Ride. The additional time was requested to meet and discuss the
proposed increase with local agencies whose clients ride ZIPS.
Since the original hearing the City has received a contract amount from the State for 2006 transit
assistance. A slight increase in State funding resulted in being able to lessen the proposed fare
increase. In addition staff met on two occasions with the two agencies (ABC and Possabilities)
that are impacted by the Agency Fare. An agreement was reached on an increased agency fare
with the idea that the fare would be revisited in June with a review of the program costs. A change
in the 2006 operating contract calls for the City to directly purchase fuel for ZIPS vehicles. If
diesel fuel costs continue to decrease the program may be able to hold the fares as proposed. It
should be noted that the meetings with ABC and Possabilities reflected a real partnership in
serving clients/ riders.
Originally Recommended
Current Fares Proposed Fares Fares
Regular Fare 5 rides for $10.00 5 rides for $12.50 5 rides for $12.50
Agency Fare $4.85 per ride $6.80 per ride $5.50 per ride
The proposed fare increase is being recommended to offset the increase in operator rates
effective in 2006. The operator's hourly rate increased from $36.11 including fuel in 2005 to
$38.50 plus fuel in 2006. The last fare increase was in 2001. (A summary of ZIPS fare changes is
attached.) Under the Americans with Disabilities Act (ADA) the ZIPS fare cannot exceed twice
the base fare charged on the regular bus system with the exception of agency fares. The current
base fare on regular route bus system is $1.50.
The transit advisory has had some discussion on the fare increase and will reconvene on January
17th to make a final recommendation.
REQUESTED COUNCIL ACTION
Adopt prepared resolution approving the following changes to fares charged on ZIPS Dial -A -
Ride effective February 1, 2006.
Regular Fare 5 Rides $12.50
Agency Fare $5.50 per ride
VCIL ACTION: Motion by: Second by: to:
9
ZIPS DIAL -A -RIDE/ FARE HISTORY
DATE CHANGE Per Ride
JULY, 1976
ESTABLISHED FARE OF $.50 FOR SINGLE RIDE
$
0.50
FEBRUARY, 1979
INCREASED FARE 10 RIDES FOR $5.50
$
0.55
OCTOBER, 1979
ESTABLISHED EVENING AND SATURDAY PASS
5 RIDES FOR $5.00
$
1.00
JANUARY, 1983
INCREASED FARE 10 RIDES $6.00
$
0.60
SEPTEMBER, 1986
INCREASED FARE 10 RIDES FOR $7.00
$
0.70
DECEMBER, 1991
ESTABLISHED NEW FARE ZONES:
URBAN ZONE 10 RIDES $10.00
$
1.00
SUBURBAN ZONE 8 RIDES $10.00
$
1.25
JANUARY, 1996
INCREASED FARES ZONES:
URBAN ZONE 8 RIDES $10.00
$
1.25
SUBURBAN ZONE 5 RIDES $10.00
$
2.00
JANUARY, 2001
INCREASED FARE TO 5 RIDES $10.00
$
2.00
JUNE, 2001
ESTABLISHED AGENCY FARE $4.85 PER RIDE
$
4.85
PROPOSED
FEBRUARY , 2006 INCREASE REGULAR FARE TO 5 RIDES $12.50 $ 2.50
INCREASE AGENCY FARE TO $5.50 $ 5.50
REQUEST FOR COUNCIL ACTION
MEETING
DATE: 1/18/06
AGENDA SECTION:
ORIGINATING DEPT:
ITEM NO.
Public Hearings
CHARTER COMMISSION
E
A DESCRIPTION: Consideration of an ordinance amending the home rule charter, section 12.05
PREPARED By:
openings).
Charter
Commission
The Charter Commission proposes that the City Council amend Section 12.05 of the Rochester HomJRule
Charter relative to the bid opening process for publicly let contracts. This amendment was requested by
Dave Goslee of the City Attorney's office.
State law requires municipalities to use a public bidding process for certain types of major projects or
purchases. The charter recognizes and incorporates into the charter those state law requirements.
There are additional provisions that are local in nature and that can be amended without violating existing
legal requirements. These local provisions include items such as who is to attend the openings, a
requirement that all bids meet minimum threshold requirements, and that bid security be provided. State
law also changed recently regarding public access to bidding documents. The proposed amendment is
intended to modify several local provisions and to bring the charter into compliance with the data
practices act and reads as follows:
SECTION 12.05. (Bid opening). At the time and place set in the advertisement for bids, the city clerk
or board secretary and twe—ether a city officials designated by the roMMOn COURGil, 9F the board or agent of the
department initiating the oroiect or purchase shall meet and publicly receive, open and read all bids that may be presented
and that meet the minimum reasonable threshold requirements that may be adopted by the City. Before any of said bids
are opened they shall be numbered consecutively, and no further bids shall be received after any bid has been opened.
No bids shall be considered when not accompanied by the appropriate bid security ^ ^e^ified GheGk cashiers nh ^k
bidders brad, Ti;e bGaFd whe desipe the rame. an opportunity to inspect all
GitY Glerk or seGFetafy shall give all PeF6GRG,
hiss when �ti��ey are opened,but a ^a All bids shall remain in the custody and control of the city clerk or board secretary
and may be open to inspection as allowed by the Minnesota Government Data Practices Act.
The proposed amendment removes the council's responsibility for designating who attends bid openings
and requires the city clerk and a department representative to attend. The amended language also allows
the City to impose minimum reasonable threshold requirements before a bid must be opened. The
amended language also makes reference to "appropriate bid security," a term that is already defined in the
preceding section. Finally, the amended language recognizes that the data practices act makes bids
private or non-public until an award is made.
Under Minn. Stat. §410.12, subd. 7, amendments to the charter may be made by ordinance upon
recommendation by the charter commission and after a public hearing has been held. Following the
hearing, the council may adopt the ordinance amending the charter by affirmative vote of all its members,
subject to the public's right to object by petition.
COUNCIL ACTION REQUESTED: Adopt the proposed ordinance amending Section 12.05 of the
Rochester Home Rule Charter. An affirmative vote of all members present is necessary to amend the
charter by ordinance. t
-- -JNCILACTION: Motion by: Second by: to:
REQUEST FOR COUNCIL ACTION
MEETING �1 /
DATE: 1/18/06
AGENDA SECTION:
ORIGINATING DEPT:
M NO.
RESOLUTIONS AND ORDINANCES
CITY ATTORNEYS OFFICE
✓I DESCRIPTION:
PARED BY:RESOLUTIONS
EG
AND ORDINANCES
RY RDKINS
11 0-
G. 1. RESOLUTIONS
G. 2. FIRST READING OF ORDINANCES, as appropriate.
An Ordinance Rezoning 7.99 Acres From The R-1 Zoning District To The B-1 Zoning District,
And 5.73 Acres From The R-1 Zoning District To The B-4 Zoning District, And Amending Ordinance
No. 2785, Known As The Zoning Ordinance And Land Development Manual Of The City Of
Rochester, Minnesota
G. 3. SECOND READING OF ORDINANCES (for adoption).
None Scheduled
G.4. MISCELLANEOUS
INCIL ACTION: Motion by: second by: to: