2009 Minutes

1.   Call to Order.  The regular meeting of the Council of the City of Rogers was called to order by Mayor Jason Grimm on Tuesday, February 10, 2009 at 7:02 p.m. at Rogers Community Center, 21201 Memorial Drive, Rogers, MN, 55374.

Council present:      Mayor Jason Grimm, Robert Bell, Jay Bunting, Jamie Davis, and Steve Rauenhorst.

Staff present: Gary Buysse, Liquor Department; Jeff Carson, City Attorney; Stacy Doboszenski, Asst. City Administrator; Brad Feist, Fire Chief; Scott Lange, City Engineer; Jeff Luther, Chief of Police; John Seifert, Public Works Director; Steve Stahmer, City Administrator; Lisa Wieland, Finance Director; and Amy LeMieux, Recording Secretary, JASS.

2.   Open Forum.  No one wished to speak regarding non-agenda items.

3.   Presentations. 

        3.01     Three Rivers Park District Proposed Acquisition/Expansion of Crow-Hassan Park Reserve.  Jonathan Vlaming, Senior Manager at Three Rivers Park District, discussed the acquisition of the 38.6-acre Angrimson property adjacent to the Crow-Hassan Park Reserve.  The Park District was contacted in December 2008 by Helen Angrimson regarding potential interest in purchasing her property.  The District is interested in the property since it is not separated by a road and is immediately adjacent to the park and nursery. 

      Vlaming invited the Council and citizens to attend a Park District open house on Tuesday, May 26, 2009 at the Rogers Activity Center.

      Vlaming requested a Resolution of support from the City stating that the City endorses the addition of this property to the Crow-Hassan Park Reserve.

4.   Approve agenda.  A summation of the workshop that occurred prior to this meeting was added as item 8.01.

5.   Consent Agenda.  

5.01     Approval of Minutes from January 27, 2009 City Council Meeting

5.02     Approval of Bills and Claims

5.03     Park Dedication/Implementation Study - Schoenbauer Consulting

5.04     Final Pay Application - 2008 Bituminous Overlay

5.05     Minnesota Department of Transportation Signal Agreement County Road 81/Memorial Drive and County Road 81/John Milless Drive

5.06     Early Call of the $1,350,000 General Obligation Tax Increment Bonds of 2000

Bunting noted that item 5.03 had been discussed with Staff regarding the use of a consultant at a cost of $5,000.  Due to budgetary concerns, he requested Staff to seek in-house talent to accomplish as many tasks as possible.

Motion by Davis, second by Bunting to approve the consent agenda.  Motion carried 5-0.

6.   Public Hearing.  None.

7.   General Business.

      7.01     Approval of Position Description for Police and Fire Administrative PositionAs part of the 2009 budget process, the Fire Administrative position was combined with the Police Administrative position.  This is a lateral change in position and does not affect salary grade.  The current Police Administrative Assistant, Katie Philipsek, has shown enthusiasm for the new position.  The job would be located at the Police Department and split 50-50 between police and fire administration, with performance appraisals and development plans to be developed jointly between the Police and Fire Chiefs.  The Police and Fire Chiefs have stated their support of this change in administrative staffing. 

Motion by Davis, second by Bunting to accept the position description for the Police and Fire Administrative Assistant position effective February 23, 2009, and appoint Katie Philipsek to the position upon successful background investigation.  Motion carried 5-0.

7.02     Approval of Position Description and Salary Grade for Police Administrative and Terminal Agency Coordinator Position.  As part of the 2009 budget process, the position of the CJIS Coordinator will be filled with the existing Police Administrative Assistant, Terri Hanson.  This is a cost-saving measure by not filling an open full-time position and was budgeted for 2009 at salary grade six.

Motion by Bunting, second by Davis to accept the position description for the Police Administrative Assistant and Terminal Agency Coordinator position at a salary grade six two-year step, with an effective date of February 23, 2009, and appoint Terri Hanson to said position pending a successful background investigation.  Motion carried 5-0.

7.03     Stimulus Project Update: I-94 Flyover at South Diamond Lake Road and Memorandum of Understanding and Environmental Work for I94/South Diamond Lake Road Grade Separation.  A study showed that 65% of vehicles exiting I-94 in Rogers were headed further north on Highway 101.  This project would create a flyover directing northbound traffic from westbound I-94 directly onto Highway 101 North without congesting the South Diamond Lake Road intersection.  The flyover would result in greater public safety on I-94 and in the Rogers area north of I-94 and greater ability to access the area.

In 2006 the City of Rogers applied for funding on this intersection to Metropolitan Council and in 2007 was awarded funding preference for the classification of road in the amount of $7.6 million dollars. The project design estimate cost has grown to approximately $14.2 million.  Throughout 2008 and early 2009 the City has been working cooperatively with MnDOT to bridge the funding gap for this overall regional project.

The City submitted this project on February 2, 2009 through MnDOT for $6.6 million in funds from the stimulus package to cover the funding gap.  Today the City received a request for project cost data and time lines.  The City has passed the initial funding review and is required to submit a Project Memorandum providing more information on which to base a decision by February 17, 2009.  Staff is requesting $18,000 funded from TIF 1 as originally proposed to complete the Project Memorandum by the deadline and consideration of a Resolution showing Council support of the project.

Lange noted that three smaller projects were also submitted on February 9, 2009.

Wallace Odell of the Darkenwald Companies commented that a flyover could drain crucial commercial business from the South Diamond Lake Road intersection and other parts of Rogers and asked the Council to delay a decision and send the matter to the Transportation Committee meeting.  He cited that the I-94 traffic study published in 2008 did not mention the flyover and the brochures about the flyover showed local transportation improvements that haven't occurred. 

John Darkenwald added that the local tax base will be impacted if businesses are impacted.

Council asked Staff if an impact study could be done to discover the impact of the flyover on local businesses.  Staff replied that such a study could be done but the timing of this decision is critical due to an impending deadline for review. 

Motion by Bunting, second by Rauenhorst to accept Resolution 2009-05, A Resolution Supporting the Election of the I94 WB Off-ramp to North TH 101, Extend Ramp and Grade Separation Over South Diamond Lake Road, Project to be Funded Under the 2009 Federal Economic Stimulus Package

In talking to citizens, education, transportation and public safety were the three main concerns voiced.  South Diamond Lake Road is Rogers' highest accident zone and many have been injured on I-94 due to the high traffic levels.  The concerns voiced tonight are appreciated and the engineering designs will take into account the business concerns, including MnDOT signage to direct people to destinations, as much as possible.

Motion carried 5-0.

Motion by Davis, second by Bunting authorizing Staff to proceed with the Project Memorandum to be funded from TIF 1 as originally authorized.  Motion carried 5-0.

7.04     Respectful Workplace Policy.  Staff has drafted a Respectful Workplace Policy for Council consideration. The policy provides guidelines and expectations regarding appropriate and inappropriate workplace behavior. As drafted, the policy extends to City staff, volunteers, paid-on-call employees, elected officials and those appointed by Council to boards and/or commissions. Adoption of this type of policy document is strongly recommended by staff as well as the League of Minnesota Cities as a necessary tool for any city.

In addition, the recommended policy includes language regarding possession of dangerous weapons, primarily firearms. Other than police officers, the policy essentially prohibits all employees and elected/appointed officials from carrying such weapons while acting in their official capacities. The policy allows for guns to be brought as far as the parking lot, as long as they are secured and concealed in the employee's vehicle.  This policy is not meant to keep an employee from getting a permit to carry, simply that employees should not carry firearms when dealing with co-workers, volunteers or citizens.  An example was given that a city employee checking meters may not convey a good message if approaching citizens' homes while carrying a firearm.

The Council questioned whether this policy would apply in situations when Council members or volunteers are out in public on personal business and happen to speak with citizens or when they are hunting.  A concern was raised whether this policy could be established and Council members held accountable since they are "always on the job" or whether employees might attempt to use this policy against other employees.  The Council does not want to infringe on employees' personal time or personal protection.

Council directed Staff to work further on the firearm portion of the policy and to exclude Council members and volunteers from that portion of the policy. 

Motion by Davis, second by Bunting to table the Respectful Workplace Policy.  Motion carried 5-0.

7.05     Appointment of Representatives to the Senior Advisory Board.  Pat Johnson, 13041 Brookside Lane N, reported that there were five open positions on the Board.  Three applications were received and candidates were interviewed by the Board.  Existing members who are continuing service for 2009 are Pat Johnson, Chair; Terri Hawkins, Vice Chair; Irma Chamberlain, Secretary, and Elroy Mueller.  New candidates for the Board are Mary Lou Pfingsten, Marvin Meschke and Leslie Smith.  All new and existing members are scheduled to serve a one-year term.  The Board is aware that terms will need to be staggered going forward.

Motion by Davis, second by Bunting to appoint Marvin Meschke, Mary Lou Pfingsten and Leslie Smith to the Senior Advisory Board.  Motion carried 5-0.

Motion by Grimm, second by Davis to appoint Bunting as Council representative to the Senior Advisory Board.  Motion carried 4-0-1, Bell absent for vote.

7.06     Approval of Resolution 2009-06, A Resolution Approving Submittal of an Application for Use of 2009 Hennepin County Community Development Block Grant Program Consolidated Pool Funding and Authorizing Signature of Subrecipient Agreement with Hennepin County and Any Third Party Agreements.  As part of the pool, the cities of Champlin, Dayton, Osseo and Rogers will apply for $10,000 in grant funding for senior transportation.  The City Planner, Jeff Dahl, from Osseo wants to apply for the Community Development Block Grant funding for a city-controlled senior transportation program.

Motion by Davis, second by Bunting to approve Resolution 2009-7, A Resolution Approving Submittal of an Application for Use of 2009 Hennepin County Community Development Block Grant Program Consolidated Pool Funding and Authorizing Signature of Subrecipient Agreement with Hennepin County and Any Third Party Agreements.  Motion carried 5-0.

8.   Other Business.  

      8.01     Summation of Workshop that Occurred Prior to Council Meeting.  A Junior hockey team consisting mainly of players beyond high school approached the City regarding selling alcoholic beverages at the RAC during their games.  The Council will not condone selling alcohol during high school-sanctioned practices or games.  However, this is a potential revenue stream for the City.  There are no statutes prohibiting sale of alcohol, nor does the Joint Powers Agreement with the school prohibit sale of alcohol at the RAC.  The sales of alcohol would be administered by the City's Liquor Department and would not coincide with any youth or high school activities.

      The Council requested Staff to create a firm plan for how the City can accomplish this safely and generate an additional $30,000 in revenue for ice time.

9.   Correspondence and Reports.

9.01     Letter Regarding Senior Transportation.  No action necessary.

9.02     January Police Report.  No action necessary.

10. Adjournment.  There being no further business, motion by Bunting, second by Davis to adjourn.  Motion carried 5-0.  The meeting was adjourned at 8:53 p.m.

Respectfully submitted,

Amy LeMieux

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Category: 2009 City Council Agendas and Minutes