City Council

City Council Agenda City Council - Regular Session September 9, 2024 6:00 p.m. Attending and Viewing the Meeting: Attend the Meeting in Person: Government Center Council Chamber, 151 4th Street SE View Meeting: Cable TV on Channels 180 or 188 Watch & Listen via Zoom: https://bit.ly/2OGnZYB Telephone in and Listen via Zoom: Call: 1-312-626-6799 Webinar ID: 912 4541 8192 Passcode: 162027 If you have a disability and require a reasonable accommodation to fully participate in the City Council meeting, please contact the City Clerk’s office at least 2 business days before the Council meeting via email (cityclerk@rochestermn.gov) or telephone (507-328-2900) or TTY/TDD (507-328-2900) to discuss your accessibility needs. Pledge of Allegiance Vision, Principles, and Priorities for the City of Rochester A. Open Comment Period View the open comment period guidelines online. A.1. Sign-up In Person 30 Minutes before the meeting. View Open Comment guidelines for additional ways to participate. Virtual participation is not available at this time. B. Call to Order/Roll Call C. City Administrator's Report D. Mayor's Report E. Order of Agenda F. Consent Agenda F.1. Minutes for the Canvassing Board Meeting of August 16, 2024 Accepting the minutes and video of the August 16, 2024, Canvassing Board meeting as the official record of the City Council. F.2. Minutes for the City Council Meeting of August 19, 2024 Accepting the minutes and video of the August 19, 2024, Council meeting as the official record of the City Council. 1 F.3. Accounts Payable for September 9, 2024 Approving the listing of total disbursements for September 9, 2024, in the amount of $61,608,462.70 including investment purchases of $47,448,525.00 and accounts payable of $14,159,937.70. F.4. 2024 Latino Fest - Community Festival Adopting a Resolution approving the special event permit application for the 2024 Latino Fest event and declaring it a community festival. F.5. 2025-27 Collective Bargaining Agreement – Law Enforcement Labor Services, Local 371 – Police Supervisors Adopting a Resolution approving the recommended changes to the collective bargaining agreement with the Law Enforcement Labor Services, Local 371 – Police Supervisors, for the years 2025-27. F.6. Contract Award with Beckley's Office Products for Office Furniture and Installation Award contract in the amount of $170,922.85 to Beckley's Office Products for office furniture and installation for repurposing of float space at City Hall. F.7. Contract with Alliant Engineering for Professional Services Related to the Reconstruction of 50th Ave NW - Project No. J9720 Approving a contract amendment with Alliant Engineering, Inc. in the amount of $135,575 for final design services and preparation of bidding documents for the reconstruction of 50th Ave NW from Valleyhigh Rd NW to approximately one-half mile south. F.8. Partnership Contract with Minnesota Department of Transportation for the Broadway Avenue South/Trunk Highway 14 (12th St SE/SW) Intersection Improvement Project - Project No. J6073 Adopting a Resolution authorizing a Partnership Contract with the Minnesota Department of Transportation (MnDOT) for incorporation of City Project No. J6073 into the design of State Project 5502-109. F.9. Contract with Spika Design & Manufacturing, Inc. for Electric Vehicle (EV) Bus Mobile Bus Top Maintenance Stand Approving a contract with Spika Manufacturing in the amount of $137,130 for the design, manufacturing, and delivery of a mobile safety bus stop maintenance stand for maintenance of our electric vehicle (EV) bus fleet. F.10. Contract Award: Paragon Restoration II, Inc. for Second Street Parking Ramp Repairs - Project No. J2594 Adopting a Resolution authorizing the award of a contract to Paragon Restoration II, Inc., in the amount of $1,045,087.50, for Second Street Parking Ramp Repairs - Project No. J2594. F.11. Contract with A-1 Excavating LLC for North Broadway Reconstruction Project from Silver Lake to Rec Center - Project No. J7341 Adopting a Resolution awarding a contract to A-1 Excavating LLC in the amount of $14,813,216.57 for the North Broadway Reconstruction Project from Silver Lake to Rec Center - Project No. J7341. 2 F.12. Contract with WHKS for Sanitary Sewer Improvements West Zumbro WZ-04-1019 - Project No. J7854 Authorizing: 1. A contract with WHKS, in the amount of $154,360 from September 10, 2024, to December 31, 2025, for the design of the Sanitary Sewer Improvements West Zumbro WZ-04-1019 - Project No. J7854 and; 2. Advertisement for bids and scheduling a bid opening once the design is completed for the Sanitary Sewer Improvements West Zumbro WZ-04-1019 - Project No. J7854. F.13. Contract Award to Midwest Mechanical Solutions for Downtown Building Energy Transition Phase 2 - Project No. J1037 Authorizing a contract with Midwest Mechanical Solutions in the amount of $1,490,171 for owner-purchased sales-tax exempt materials related to the Downtown Building Energy Transition, Phase 2 - Project No. J1037. F.14. Amended City-Owner Contract: Public Improvements to Serve Ponds of Highland Hills - Project No. J5574 Authorizing: 1. A City-Owner contract amendment to Project No. J5574, "Public Improvements to Serve Ponds of Highland Hills," with City execution conditional upon approval of revised plans depicting appropriate phasing, and Contractor's submission of the appropriate bonds and; 2. A professional technical services contract with GGG, Inc., dba G-Cubed, for $291,320, for work related to Project No. J5574, "Public Improvements to Serve Ponds of Highland Hills," subject to City execution of the J5574 Amended City-Owner Contract No. 1 (2024). F.15. Release of Blanket Easement - Zachary and Lauren Boutin Authorizing the Release of a Blanket Easement across Parcel 73.32.13.067852 as requested by landowners Zachary and Lauren Boutin. F.16. Revocable Permit and Agreement with Brett J. and Keri A. Ostby - Private Improvements in 20th St NE Right-of-Way Authorizing a revocable permit and agreement ("the agreement") with Brett J. and Keri A. Ostby for placement of private improvements within the 20th St NE right-of-way. F.17. Individual Site Development Agreement with Pike Design and Construction, Inc. for Oak Ridge Villas Authorizing an individual site development agreement with Pike Design and Construction, Inc., a Minnesota corporation, for the Oak Ridge Villas project associated with Development Application No. CD2023-023PLAT. F.18. Pedestrian Facilities Along Canadian Pacific Rail Spur from 20th St SE to 16th St SE/3rd Ave SE - Project No. J4692 1. Adopting a Resolution repealing Resolution No. 032-24 and effectively cancelling the contract award from February 5, 2024, with Fitzgerald Excavating & Trucking for $590,523.30. 2. Authorizing the advertisement of bids and scheduling a bid opening date on October 15, 2024, for the construction of a shared-use path along the Canadian Pacific Rail Spur from 20th St SE to 16th St SE, then to 3rd Ave SE - Project No. J4692. 3  F.19. Additional Property & Easement Acquisitions for Link Bus Rapid Transit - Project No. J8707 Adopting a Resolution: 1. Asserting that City ownership of the additional properties in question is both necessary and for a public purpose in furtherance of the Link Bus Rapid Transit - Project No. J8707; and 2. Authorizing and directing the proper City officers and agents to secure the City’s acquisition of the additional properties and easements by direct purchase and, if necessary, through the exercise of eminent domain; and 3. Authorizing the City Administrator to approve the appraised values of the properties for the purposes of using the “quick take” procedure under Minn. Stat. § 117.042; and 4. Authorizing the Strategic Initiatives Director to directly purchase and acquire on behalf of the City, and to settle the takings of, minor properties with a total value of $50,000 or less; and 5. Authorizing the City Administrator to directly purchase and acquire on behalf of the City, and to settle the takings of, properties with a total value above $50,000, in amounts no greater than 15% above the approved appraised value; and 6. Authorizing and directing the City Attorney or his designee to take all steps reasonably necessary on behalf of the City to commence eminent domain proceedings to acquire the properties that cannot be purchased in a timely manner, including using the “quick take” procedure under Minn. Stat. § 117.042. F.20. Rochester Area Economic Development, Inc. (RAEDI) Loan Approval and Business Subsidy Agreement for Cytotheryx 1. Adopting the recommendation of the Rochester Area Economic Development, Inc. Board to provide a $100,000 loan to Cytotheryx from the Economic Development Fund (EDF). 2. Authorizing execution of a Business Subsidy Agreement with Cytotheryx establishing reporting and compliance requirements. F.21. MnDOT Office of Aeronautics American Rescue Plan Companion Grant Amendment Approving the Airport Rescue Companion Grant amendment with the Minnesota Department of Transportation (MnDOT) - Office of Aeronautics to provide relief for airport operating expenses and airport concessionaires. F.22. Purchase Agreement with LPA Warehouse LLC for Facility Purchase Authorizing execution of a purchase agreement with LPA Warehouse LLC for the purchase of their warehouse facility that resides on property leased from the Rochester International Airport (RST). Public Hearing Guidelines View the public hearing guidelines online. Sign-up In Person 30 Minutes before the meeting. View Public Hearing guidelines for additional ways to participate. Virtual participation is not available at this time. G. Public Hearings G.1. Vacation Petition No. CD2024-004VAC by North Rock Real Estate Adopting a Resolution approving Vacation Petition No. CD2024-004VAC, by North Rock Real Estate, for the vacation of an 18-foot wide alley right-of-way within Block 8, Cumming's Addition subdivision plat. H. Reports and Recommendations H.1. Adoption of the Olmsted County Hazard Mitigation Plan Adopting a Resolution approving the Olmsted County Hazard Mitigation Plan. 4  H.2. 2025 Preliminary Tax Levy and Supplemental Recommended Budget Adopting a Resolution certifying the 2025 preliminary tax levy of $112,041,952 which includes: 1. Establishing the preliminary 2025 Operating and Capital Budget amount of $689,419,593. 2. Establishing Monday, December 2, 2024, for the public hearing and final adoption of the recommended 2025 Tax Levy and Budget (operating and capital.) I. Council Initiated Actions J. Ordinance First Readings K. Ordinance Second Readings K.1. Zone Change No. CD2024-001ZC, by Arnett Enterprises, LLC Adopting an Ordinance approving Zone Change No. CD2024-001ZC by Arnett Enterprises, LLC., rezoning 4.73 acres from LI (Light Industrial) to MX-C (Mixed Use Center). L. Tabled Items M. Other Business M.1. Rochester Economic Development Authority (EDA) Meeting of September 9, 2024 Recessing to a meeting of the Rochester Economic Development Authority (EDA). M.2. Executive Session - Closed Pursuant to Minn. Statutes 13D.05 Subd. 3(b) Closed session pursuant to Minnesota Statutes § 13D.05, Subdivision 3(b), for an attorney-client discussion that requires absolute confidentiality regarding litigation and settlement strategy for imminent LINK BRT Project eminent domain proceedings. M.3. Settlement Offer for LINK Bus Rapid Transit (BRT) Project Considering a Resolution authorizing a settlement offer for LINK Bus Rapid Transit (BRT) Project – Parcel 38. Clerk's Note: This item's Resolution was dependent upon the Executive Closed Session held immediately before considering adoption of this Resolution. Upon reopening the meeting to the public, the Resolution was immediately made available to the public and a motion and vote were taken. The Resolution was added to the agenda immediately after the meeting for viewing. Find a signed version in the meeting minutes. N. Adjournment 5