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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: L90 rr w F F- Q OZ CL js.a 144 O E � } > N O C CL ¢ C. W of U U ~ U U W $ $ a OW _CZ 71 CL 1 �lz 34( 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. I ,"s.:*� V Xf ✓ A f� �g5 ` f�� ��`'�` 0 �< ��x do Monitoring Well Locations r ,�� •" City owned Parking " s Senior Citizens "�a �c} Se�vicps. Inc Poperty5� zga rrrw.. W: Z 1�'}� iy� 3 4�^t�Q} x1 /.� �'b5i 'rbs FF 1 7 { 44 Tue R pi• 4 ? S ,1. t , RsiA}ham Y"r yv Senior Center � a x• � . v` �� r 3;: • agj N Y H pp Yyw F,- .. ,., ,... ; _-.. 4.. is �4#. +y4.:a ��, ;' r„ •.M-� ;;£ V3, 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: