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Announcements, Events, Recently Updated

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, March 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: Chuck Burnham, City Planner; Jeff Carson, City Attorney; Brad Feist, Fire Chief; Randy Jenniges, Engineering Dept.; 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 Presentation of the State of Minnesota Emergency Manager Certification to Fire Chief Brad Feist. 
Tim Turnbull, Director of Hennepin County Emergency Management, presented Chief Feist with the state certification in emergency management.  The certification represents several hundred hours of training both online and in class.  The Council congratulated Chief Feist for his achievement.

4. Approve agenda. 
The following items were added to the Agenda.
 8.01 Expenses - Bunting
 8.02 Continuing Business Operations (CBO) Plan for Rogers - Grimm
 8.03 Out-of-town dates - Grimm

5. Consent Agenda. 
5.01 Approval of Minutes from February 24, 2009 City Council Meeting, Minutes from the February 10, 2009 City Council Workshop
5.02 Approval of Bills and Claims
5.03 Authorization to Execute Final Contract with Nextera Corporation
5.04 Authorization to Purchase Lift Station Pumps for Rogers Waste Water Treatment Plant
5.05 Declaration of Restrictive Covenants for the following Wetland Mitigation Plans:
        Southwest Restoration Site
        Muller Family Theaters
5.06 Request by Cub Foods for a Temporary Hoop House

Motion by Bunting, second by Bell to approve the consent agenda except items 5.01 and 5.02.  Motion carried 5-0.

5.01 Council Minutes, February 24, 2009.  A closed session occurred after the meeting and needs to be documented in the minutes.

Motion by Bell, second by Bunting to approve the February 24 Council minutes contingent on an addition noting the closed meeting occurred.  Motion carried 4-0-1, Grimm abstaining.

5.02 Approval of Bills and Claims.  Davis inquired about the US Bank card setup fee.  In the past there has not been a fee.  In 2009, Staff elected to include the City’s logo on the card to make it harder to mistake for a personal card and include the employee’s department with their name on the card.  This was a one time fee.

Motion by Davis, second by Bunting to approve item 5.02.  Motion carried 5-0.

6. Public Hearing.  None.

7. General Business.
    7.01 Rogers Police Commission Candidate Selection.
Six applications were received for the three open positions on the Police Commission.  Staff has provided the applications for Council review and suggests the Council interview all or a subset of the applicants personally.

Bunting inquired whether it’s a conflict of interest to serve on the Police Reserve and on the Police Commission.  Carson stated that it is a matter of understanding the relationship between the Police Department, Police Reserve and the Commission, and determining whether or not the Council and the potential candidate are comfortable with that relationship.  Luther noted that a Police Reservist may have more insight into the workings of the Police Department and did not have an issue with a Reservist serving on the Police Commission.

Motion by Davis, second by Rauenhorst to schedule interviews for the six Rogers Police Commission candidates on April 14, 2009 at 5:30 p.m. at the Rogers Community Center.  Motion carried 5-0.

     7.02 Transportation Task Force and Stimulus Update. 
Jenniges presented the update, noting that the Transportation Task Force began work on February 11, 2009.  The Task Force consists of Bell, Bunting, Lange, Seifert, Stahmer and Wieland.  The Task Force has met three times, identified 25-30 projects, and is now in the process of prioritizing and grouping those projects by funding source.  Funding sources are grouped by City projects, County projects, State and Federal projects, and Developer projects.

The Task Force will continue to meet to further prioritize and group these projects, identify funding sources for City projects and working to bolster projects on the County CIP list. 

Bunting thanked Staff for working diligently to ensure the Task Force members understand the projects and getting them up to speed.

On March 9, 2009 the Federal side of MnDot requested further prioritizations of Phase II projects from the City but have not clarified whether that means stimulus funding has been granted for the T.H. 101 Flyover project.  Staff was able to provide the Phase II information without any additional cost.

     7.03 South Pointe and Sausage Pond Maintenance Improvements. 
These are two MnDOT stormwater drainage ponds proposed for a topographical survey and design for cleaning.  The City is responsible for maintaining these ponds which accumulate silt and sediment as they act as stormwater retention ponds. 

The sausage pond was built in 1995/1996 and is recommended to be cleaned every ten years. 

South Pointe is a delineated wetland in the rear yards of a few residential properties that was approved for stormwater drainage when the South Pointe neighborhood was developed.  This wetland is growing in size due to sediment deposits and is now inundating the exterior area of the wetland and moving closer to the residences in the area.  Excavating the wetland requires a wetland permit and a minimal excavation of three feet or less to avoid wetland mitigation requirements.  A survey is required for this project.

The proposed plan and $10,000 cost is to maintain both the sausage pond and the South Pointe wetland.  Staff included a plan and topographical survey for the sausage pond but that maintenance can be done without those items.  The wetland excavation does require those items.  Staff would also like to arrange a neighborhood meeting to inform residents of the plan for the wetland area.

Motion by Bell, second by Bunting to proceed with the work plan as specified.

     7.04 Approval of Ordinance No. 2009-01, An Ordinance Adopting & Enacting a New Code for the City of Rogers; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing a Penalty for the Violation Thereof; Providing for the Manner of Amending Such Code; and Providing When Such Code & This Ordinance Shall Become Effective. 
The City contracted in 2007 to have its previously adopted ordinances put into Code form.  This modernized and updated the structure of the ordinances into chapters and sections.  Once the Code is adopted by approval of this ordinance, it will become law in Rogers.  All items within the Code have already been approved, only the fine structure have been modified.  This item would be published on the website for the public.  The company who completed the compilation provides an online copy that is searchable by key word.

Motion by Bunting, second by Davis to adopt ordinance 2009-01 as stated.  Motion carried 5-0.

Stahmer recognized Burnham, Captain Mike Miller and Judy Splett whose efforts were vital to the completion of this project.

      7.04.  A. Approval of a Summary Ordinance. 
This ordinance was adopted under item 7.04 and has been stricken from the agenda.

     7.05 Contract With Ehlers for Fiscal Impact Study of Stone’s Throw Development.  Because of the large scale of the proposed Stone’s Throw Development, in terms of both physical size as well as infrastructure costs, Staff has required that the developer fund a fiscal impact study as part of the overall planning and negotiation process.  Developer Tom Gump of Hassan Mainstreet, LLC has offered to fund this project through its escrow arrangement with the City up to a cap of $15,000, very close to the original number quoted by Ehlers and Associates, the City’s financial advisor.  The intent of the study is to help ensure, to the extent possible, that the development will “pay for itself” and stand on its own and that the City/existing taxpayers will not face a substantial burden due to the proposed development.

It should be noted that any changes to the assumptions (layout, density, etc.) after the study is underway or completed, may require the model to be reworked, resulting in additional costs.

Staff recommendation is to approve the proposal from Ehlers and Associates related to the Stone’s Throw Fiscal Impact Study in an amount not to exceed $15,000, to be paid by Hassan Mainstreet LLC.

Motion by Bell, second by Davis to approve Staff’s recommendation.  Motion carried 5-0.

8. Other Business. 
     8.01 Expenses. 
Currently there is a policy requiring any expenses over $5,000 to be brought before the Council for approval.  New policies enforced by department heads, such as a change in or requirement of uniforms, result in expenses that may be less than $5,000 but more costly if implemented over two or more years.  A new policy might be considered requiring department heads to bring such expense-related policy changes that incur expenses before the Council prior to implementation.  Department heads were hired to maintain and make decisions for their departments and should not be micro-managed.  The Council oversees each department and each department has a budget that they must stay within.

A clearer example is necessary to contemplate a change in policy.

     8.02 Continuing Business Operation (CBO) Plan for Rogers. 
A CBO plan is a best management practice used in many businesses.  A CBO has a designated “second in command” below each department head to ensure continuing operations in the event a department head is unable to perform or a crisis occurs.  These “seconds” would report to the Council twice per year, in April and November. 

Stahmer will investigate the impact of implementing this item in a Union environment, such as Public Works, where all employees under the department head are Union employees.

Disaster recovery plans for City operations, computer systems, buildings and communications should be in place and reviewed for understanding by the Council.  Feist noted that, from a risk management perspective, the Mayor, Council and Staff should have some basic emergency management training and that the Council as a whole is usually set in a protected area, away from any danger, during times of crisis.  Stahmer noted that records recovery and management is overseen by the City Clerk and there is training in place for clerks and officers in that area.

     8.03 Out-of-town dates. 
Grimm will be out-of-town on March 17 and requested Rauenhorst to represent him at the Park Board meeting.  Grimm will also be out-of-town on March 24. Davis will serve as Acting Mayor.

9. Correspondence and Reports.
     9.01 Mitigation Enforcement Letters to Brockton Meadows, Diamond Lake Village and the Villas of Fletcher Hills. 
No action necessary

     9.02 South Diamond Lake Road and State Highway 101 Grade Separation Project Letters of Support from Otsego and Elk River. 
A letter of support for this project from Elk River has been received.  The letter of support was approved at Otsego’s March 9, 2009 Council meeting and St. Michael has also indicated their support.  Dayton is concentrating their lobbying efforts on the Brockton Lane interchange and will be visiting Washington, D.C. in April.

     9.03 February Police Report.  No action necessary

     9.04 January Financial Reports.  The February financials will be available at the March 24 meeting.  Going forward, the financials for the prior month will be available at the first regular Council meeting each month.

10. Adjournment.  There being no further business, motion by Rauenhorst, second by Bunting to adjourn.  Motion carried 5-0.  The meeting was adjourned at 8:14 p.m.

Respectfully submitted,
Amy LeMieux


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