1. Call to Order. The regular meeting of the Council of the City of Rogers was called to order by Mayor Grimm on Tuesday, May 26, 2009 at 7:00 p.m. at Rogers Community Center, 21201 Memorial Drive, Rogers, MN, 55374.
Council present: Mayor Grimm, Rob Bell, Jay Bunting, Jamie Davis and Steve Rauenhorst.
Staff present: Chuck Burnham, City Planner; Jeff Carson, City Attorney; Stacy Doboszenski, Assistant City Administrator; Scott Lange, City Engineer; Jeff Luther, Police Chief; John Seifert, Public Works Director; Steve Stahmer, City Administrator; and Lisa Wieland, Finance Director.
2. Open Forum.
Wally O’Dell speaking under Agenda Item 7.04
3.01 Swearing in of Rogers Police Reservists
Chief Luther provided background on the process of becoming a Rogers Police Reserve. Doboszenski administered the Oath of Office to the four Reservists; David Braesch, Justin Douglas, Amanda Jacobs, and Trent Grupa. Council congratulated the new reservists.
3.02 Donation to the Rogers Police Dept. from the Rogers Community Law
Dean Capps made a presentation to the City Council and Police Reserves with new jackets and blankets for the squad cars. Council thanked Mr. Capps and the Community Law Enforcement Foundation for their donation and continued support.
4. Approve agenda. The following items were added to the Agenda:
8.01 Rockin’ Rogers – Councilmember Rauenhorst
8.02 Staff update regarding recent park vandalism – Councilmember Bell
5. Consent Agenda.
5.01 Approval of Minutes from May 26, 2009 City Council Meeting and May 26, 2009
5.02 Approval of Bills and Claims - Pulled
5.03 Ice Plant Preventative Maintenance Contract – Rogers Activity Center
5.04 Trailer Purchase - Pulled
5.05 Brockton Meadows Neighborhood Park Contracted Services Quotes
5.06 Set Budget Workshop for June 23, 2009 at 5:30 p.m. at the Rogers Community
Room, located at 21201 Memorial Drive, Rogers, MN
5.07 Approval of Resolution No. 2009-21, A Resolution Providing Municipal Approval
to the Issuance of a Minnesota Lawful Gambling License to the Rogers Lions Club
to Conduct Bingo Off-Site for Rockin’ Rogers Days at the Rogers Community
Room, 21201 Memorial Drive, on Thursday, June 25, 2009
5.08 Approval of Resolution No. 2009-22, A Resolution Adopting the Hennepin County
Chiefs of Police Association Joint and Cooperative Agreement for the Use of Law
Enforcement Personnel and Equipment of July 1, 2009.
5.09 Proclamation of August 4, 2009 as “Night to Unite” in Rogers
Motion by Bunting, seconded by Bell to approve the consent agenda less items 5.02 and 5.04. Motion carried 5-0.
5.02 Approval of Bills and Claims
Councilmember Davis questioned check sequence #2 to Advanced Irrigation for the High School. Seifert explained it is under a joint powers agreement with the High School and it handles the irrigation of the North Community Park.
Motion by Davis, seconded by Bunting to approve 5.02 Bills and Claims. Motion carried 5-0.
5.04 Trailer Purchase
Seifert reported he has researched the option of purchasing used trailer versus buying new. Seifert stated there are certain specifications that need to be met for this trailer to transport a zamboni. Seifert recommended tabling this item for two weeks to allow additional time to search for used alternatives. Seifert also requested authority to purchase a used trailer from auction if the opportunity becomes available.
Stahmer explained the expenditure needs to meet the $5000 threshold to use the equipment certificate source of funding.
Motion by Rauenhorst, seconded by Davis to authorize staff to spend up to $6000 for a used trailer that meets the specifications, and if one cannot be found, to bring this item back before the Council for the purchase of a new trailer. Motion carried 5 – 0.
6. Public Hearing. None.
7. General Business.
7.01 Presentation and Acceptance of the 2008 Audit
Finance Director Wieland introduced the item of the 2008 Audit and Andrew Berg to the Council Wieland stated there were no significant findings to report and compliments fellow department heads and staff on their efforts in preparing the 2008 audit.
Andrew Berg from Abdo, Eick, & Meyers addressed the Council and reviewed the audit management letter with Council.
Davis questioned the out-of-state travel policy and when it became statute. Mr. Berg stated it became a requirement a couple years ago, and this is the first year it was recognized in the audit.
Administrator Stahmer stated both out and in-state travel will be addressed with a policy coming forward for both Council and staff.
No other questions. Council thanked Mr. Berg for his presentation.
Motion by Bunting, seconded by Bell to accept the 2008 Audit. Motion carried 5-0.
7.02 (cont.) Approval of Villas of Fletcher Hills Design Standards Revisions
Planner Burnham provided background information on the request for design standards revisions to Villas of Fletcher Hills stating the Council deferred a decision to permit staff to research the exact size of the model home that was constructed at 12145 Madison Circle. Burnham stated, per staff calculations, the model home contains roughly 1,636 square feet of finished floor area. This total does include the enclosed four season porch area, but it does not include the garage, deck, or the unfinished basement area. If you subtract 4 season porch, you are at roughly 1470 for size. Burnham stated the applicant is now requesting 1125 square foot minimums for majority of development with the homes facing the development to the north and pond area to be a minimum of 1300 square feet.
Rauenhorst questioned if 1472 was smallest size previously approved? Burnham stated yes.
Bill Christian addressed the Council on his request. Christian stated based on market study and traffic, this is a good product that will maintain market values. Christian then explained where the 1125 square foot homes and the 1300 square foot homes would be placed within the development. Christian then spoke on the quality of the construction of the homes stating it is not all about the square footage and feels it is more important to stick with a quality product. Christian stated he is proposing an association maintained project with a landscaping plan. He then thanked Council for the time to review this with residents.
Gary Johnson, 12239 Irma Place in Fletcher Hills asked a question on the square footage. Some of the new floor plans are split entry. Is 1300 foundation size or total square footage?
Christian stated 1300 is the foundation size. Mr. Johnson then questioned if the City is holding letters of credit referencing the roads without wear course.
Administrator Stahmer, asked Mr. Christian, if 1300 is the foundation size, what is the additional upon build-out of the basement. Mr. Christian stated approximately 1000 sq. ft. for finished basements. To clarify, a total of 2400+ square foot homes.
Rauenhorst, questioned where the 1300 and 1125 sq. ft homes will be. Rauenhorst stated he still has a problem with 1125 sq. ft.
Mayor Grimm, asked staff for an update on letters of credit.
Attorney Carson explained there is not a development agreement in place requiring the Letters of Credit. Once this issue is resolved, the developer’s agreement will be drafted requiring both cash and a letter of credit. Planner Burnham then explained the conditions to be added to the approval process.
Wade Atchinson, 12248 Fletcher Drive, stated he chose his Christian built home based on quality. There was discussion on the potential of the homes being built by another builder if Christian cannot maintain ownership of the project. Mr. Atchinson commented on bickering over a few hundred square feet doesn’t make sense when you are talking about a quality product.
Jeff Jacobson, 12244 Irma Place, backs up to King Estates. Mr. Jacobson stated he bought high quality and is happy with the home. When 1472 was agreed upon, in 2006, was there disagreement then on size? No.
There was discussion on the lawn and landscaping maintenance without an active association in place. Mayor Grimm expressed concern over maintenance with only two homes potentially being built.
Attorney Carson stated that usually the association kicks in about 50% of build-out.
Ronald Asleson, 12232 Irma Place, expressed his concerns over maintenance without a home owners association in place and asked that the developer be required to work with a management company to maintain the area. Mr. Asleson also expressed concern of another builder coming in and building a less quality home.
Clint Foster, 21214 Fox Tail Lane South, reiterate that it’s not just the quality but also the proximity to townhomes. In his mind, 1300 needs to be the minimum on all homes, thinks it would be a good compromise.
Davis, in any other developments have we held to a minimum square footage. Staff could not recall another development like this.
Mark Rosacker, 12227 Irma Place, expressed concern over exterior quality of the home and less concern over size. He commented on bigger homes that are not maintained could decrease value as well. He asked for more focus on exterior quality of the product and less focus on the actual size.
Ken Schneider, 21280 Fox Tail Lane, stated he doesn’t want this to happen for a number of reasons already heard. He stated he wanted to be on record that he doesn’t approve this proposal.
Don Judge, 21297 Fox tail lane, when talking about aesthetics, and a different builder comes in, how long is the PUD in effect?
Staff stated the PUD would be in effect for any builder. A PUD amendment would need to be filed if future councils decided to change the PUD.
Brad Christiansen, president of Christian Builders, addressed the Council stating he has been in the area for 28 years and has gotten to know a lot of customers. He stated there are a lot of variations in how homes are built. He further stated the target market for these homes is the empty-nester. It is not all about size. This size will match the market. If the homes are too big, history has proven that it isn’t working.
Rauenhorst asked Mr. Christian if he is still occupying the house without a certificate of occupancy stating the certificate of occupancy has not been issued. Mr. Christian disagreed with the statement. Rauenhorst then stated he will vote no, unless 1300 square foot minimum are used, not 1100.
Steve Ibe, 21257 Goldenrod Lane, addressed the Council and recommended making it a 55+ community.
There was continued discussion among residents and Council regarding the uniqueness of the development being a PUD. Mayor Grimm stated he would like to see everyone satisfied.
Bell commented on other empty lots within the City that will likely have smaller homes.
Bell suggested just allowing a certain number of lots to have the minimum size with the balance being larger
Jeff Jacobson, Irma Place, would certainly support it and prefer it to straight zoning that is not controlled.
Bunting stated he went door knocking and received mixed reactions on the proposed development. Regardless of what council does a majority of the people may not be pleased.
Mr. Christian then suggested 1200 sq. ft. and 1300 sq. ft. homes on the pond and Norbert Weber Lane.
At this point in the meeting, multiple discussions were occurring among residents, council, and the developer.
Council and Christian then discussed allowing lots 5 – 9, Block 2 and lots 21 – 27, Block 2 to be 1200 square foot minimums, with the balance being 1300 square foot minimums.
Mr. Ibe asked if the prices would be less for 1200. Christian stated price would be determined by square foot.
Council reiterated; 12 units at 1200 and 21 units at 1300. Doboszenski read: lots 5 – 9, Block 2 at 1200 square feet and lots 21 – 27, Block 2 at 1200 square feet; all others at 1300 square feet.
There was a question from audience if energy star construction can be required. Council stated no.
Rauenhorst cautioned Council, if you approve this, somebody else will build the smaller homes.
There was discussion with City Attorney are the parameters and flexibility with the PUD.
Mary Schlegel, 12604 Main Street, questioned if Council is trying to guarantee large homes; if the big homes ever come back, is what I am hearing correct, can somebody else come in and put smaller homes on the lots?
Grimm stated they could come in with a regular development and the Council approves that, and they decide to put one house on every two lots, by code they can build a smaller home.
Grimm will entertain a motion for 12 lots at 1200 square feet as identified, and the rest as 1300 square feet as identified.
Bunting asked the audience if anyone is against the 1200 square foot and 1300 square foot homes as proposed.
Bunting stated that given the statement from the residents, he motioned to approve the revised design standards with 12 lots at 1200 square feet (as noted) and the balance of the lots at 1300 square feet. Bell seconded.
Davis stated he hates the fact that Council is dictating what a house size is.
Motion carried 4-1 with Rauenhorst opposed.
Planner Burnham stated he is requesting the eight conditions included in his memo be added to the approval:
1. That the landscaping behind Lots 6 & 7, Block 2, be treated similar to that designed
behind Lot 5, Block 2 which is a mixture of the following: 2 Black Hill spruce,
1Norway Pine, 1 Amur Maple and 1 American Linden.
2. That two identical house styles are not allowed to be next to each other.
3. Approval of grading, drainage, storm water management, and erosion control plans by
the City Engineer and Elm Creek Watershed Commission Compliance with the Wetland
Conservation Act for the off-site mitigation of an 8,458 square foot delineated wetland
4. Approval of utility plans by the City Engineer
5. Submittal of all fees as determined by the adopted Master Fee Schedule to include park
dedication for eleven of the lots, lot fees, storm sewer trunk, water trunk, sanitary sewer
trunk, trails fees, off-site wetland, and transportation fees totaling $308,623.
6. Submittal of Letter of Credit totaling $189,000 to offset payment of mailboxes, wear
course, grading, trails, turf establishment and engineering.
7. The applicant shall meet all conditions and requirements as established by the City
Engineer in his memorandum of March 25, 2008 and May 12, 2009.
8. The applicant shall dedicate Lot 8, Block 3 of the Fletcher Hills Addition to the City of
Rogers for park dedication purposes to offset a portion of the park dedication fees
Motion by Bunting, seconded by Bell to add the eight conditions as recommended by staff. Motion carried 5-0.
7.03 Review Scope of Services for Storm Water Management for CSAH 81
Engineer Lange addressed the Council on the proposal for storm water management as part of the CSAH 81 project. The scope of the work in this proposal includes the design of the water main, storm sewer conveyance system outside of the limits of the intersection of CSAH 81/Main St/Industrial Blvd to the regional pond, as well as design of the regional pond.
Grimm clarified that he is looking for authorization for the $24, 000 proposal as submitted. Staff stated this project would be funded with storm water trunk funds or TIF 1.
Motion by Bunting, seconded by Davis to authorize the scope of work. Motion carried 4-0; Rauenhorst took a recess.
7.04 I94/Thru 101 Interchange Ramp Modifications Final Design of Bridge
Section and Related Project Management
Seifert introduced the item regarding scope of work for final design and bridge section. Dave Montebello with SRF presented the details on the final design of the project. Montebello handed out a draft assignment of responsibility and key dates.
MNDOT has decided to combine the following projects to streamline the administration and project delivery in an effort to maximize the limited funding streams:
- Construction of a parallel acceleration lane from southbound State Highway 101 to
- Interchange lighting replacement project 101 and I94.
- Ramp modification to southbound 101 to eastbound I94 lane channelization.
- Concrete rehabilitation on I94 from Maple Grove to the Crow River.
- I94/Thru 101 Interchange Ramp Modification to westbound I94 to northbound State
Highway 101 with grade separation at South Diamond Lake Road.
Council questioned the signalization of Rogers Drive.
Seifert spoke on trail connections and the relocation of the crosswalk on South Diamond Lake Road to the north side.
Bunting asked if the longer bridge will allow for additional sight line? Montebello explained the length of the bridge.
Bunting wanted the press to note in their respective papers there is nothing requiring the destruction of Target; it is not going anywhere because of the interchange.
Montebello stated there is still some discussion on the final profile.
Administrator Stahmer stated the full Met Council is set to approve the funding tomorrow and a good outcome is expected. If something went horribly wrong, we could put a hold on the work.
Davis questioned a formal press release on the project if this does move forward.
Montebello stated MNDOT is fully committed for this to move forward.
Mr. O’Dell addressed the Council stating he is confused by the memo and the presentation. Mr. O’Dell asked if the state is doing all the work and the fly-over is merged with other projects.
Montebello stated that this is MNDOT having a bunch of different projects in the area, and with gaps in funding, they could control the staging of all projects to obtain better bids.
Mr. O’Dell expressed his concern with retaining walls. Do we know what this is going to look like? There was discussion between Mr. Montebello and Mr. O’Dell regarding retaining wall height and placement; Montebello stated the height is in the neighborhood of 20 feet.
Sight lines from the west looking east where then discussed.
Mr. O’Dell asked about the effect on traffic, asking if there is enough space to do the wall and keep traffic flowing. Montebello stated the only time traffic should be impacted is during the placement of the bridge section.
Mr. O’Dell reviewed his hand-out he gave to Council and expressed his concerns over the necessity of the project and the impact to local businesses stating the businesses are going to pay the price. Mr. O’Dell stated the problem is not the South Diamond Lake Road intersection, the problem is the interchange on I94.
Mr. O’Dell requested the council table this agenda item and get the community more involved.
Motion by Davis, seconded by Rauenhorst granting staff authorization to enter a contract with SRF for the scope of work provided to accomplish the final bridge design, utilities, public involvement and related project management.
Bunting asked if we want this contingent upon successful outcome tomorrow.
Bunting then addressed Mr. O’Dell stating he is cognizant of the concerns for business and directed staff to do everything possible to limit impact. Bunting stated he has listened and understands Mr. O’Dell’s concerns. This project was looked at by a lot of engineers, and determined to be the way to go.
Mr. O’Dell would still like to see the City do a cost-benefit analysis.
Motion carried 5-0.
Bell stated he would like to see preliminary elevation drawings in the near future.
7.05 Well No. 8 Update
Engineer Lange reported on the test results from the Mt. Simon aquifer, stating the best test was still almost three times the allowable limit for radium. Lange stated staff has looked at many options for this Well and the best option appears to be to finish the well in the upper aquifer (Franconia-Ironton-Galesville) and use it in conjunction with Well 6. While we will still have an interference issue with Well 6, the completion of Well 8 will allow both wells to be pumped at a lower rate, reducing the strain on the well, aquifer, as well as reduce power consumption. Lange stated well 6 could be pumped at 60% to 70% with well 8; the combined pumping will give the 1200 gallons per minute the city needs. This will also provide the City with a fully redundant back-up of Well 6.
Bunting asked if the well/equipment will last twice as long if pumping is reduced? Will we get the benefit out of adding well 8?
Seifert reported on a majority of the expense of well 8 already being incurred and spoke on well 6 being able to pump at 1200 gpm alone, but it is not advisable. Seifert further reported that well 6 drops from 1200 gpm to 900 gpm after peak pumping. Seifert recommended backing off on well 6 by completing well 8.
There was a discussion regarding the reduction of wear and tear on the equipment from an operational standpoint; both the equipment in the well and the meters; such as the one at the high school. Also discussed was the amount of money already into the project and the additional approximately $70,000 to $80,000 to complete the project.
Motion by Bunting, seconded by Bell to authorize Traut Wells to complete Well 8 as a Franconia-Ironton-Galesville Aquifer Well. Motion carried 5-0.
7.06 Engineering Selection Update
Administrator Stahmer stated the action by Council is not intended to be a formal appointment tonight, but to receive the recommendation by the engineer selection committee. Stahmer then read directly from his memo:
Councilmembers Bell and Rauenhorst, along with City Administrator Stahmer and Public Works Director Seifert have met to interview and discuss the qualifications of the two City Engineer finalists, SEH, Inc. and WSB and Associates. As already assumed, the committee found both to be high quality firms with dedicated professionals available to serve the City.
The committee discussed the need to retain the engineer best suited to help lead the City now and into the future with regard to infrastructure and development. In working for Rogers for many years, current City Engineer Scott Lange and SEH have served the City well by overseeing substantial growth and development. Their contributions to past accomplishments should not be understated.
Ultimately, however, the consensus of the interview committee is that Bret Weiss, President of WSB brings a unique set of skills to Rogers and should be appointed City Engineer. Mr. Weiss has extensive experience in the areas of general civil engineering, transportation and transportation funding, infrastructure funding and developer negotiations. In addition to technical and procedural knowledge, Mr. Weiss has shown himself to be a leader in the profession and in the communities that he has served. The committee noted its confidence that Mr. Weiss and WSB would provide a level of forward-thinking leadership and well-reasoned, confident recommendations in the area of engineering.
The references provided by WSB, as well as other unofficial references checked by staff were all extremely positive with regard to both the firm and of Mr. Weiss in particular. Mr. Weiss’ superior interpersonal skills and a customer service orientation were repeatedly noted regarding interactions with the City as the direct customer, as well as with residents, developers and other levels of government. Creativity in problem solving was another common theme. Each of the references specifically noted that, in their view, the City is extremely “lucky” for Mr. Weiss to be interested in personally serving as the principal City Engineer.
In addition to Mr. Weiss, the firm is comprised of specialists in all civil engineering disciplines. The references considered transportation planning/engineering and storm water best management practices to be specific strengths of the firm as a whole. Dedication and creativity were often cited.
The City remains at a crossroads where significant prior development, coupled with inevitable future growth, requires a City Engineer with specific development-related experience as well as foresight in all related areas. Staff’s intent, throughout this process as well as in reviewing other contractual consulting relationships, has been to ensure that the City of Rogers retains the most qualified and best suited consultants in all functional areas. It is the opinion of staff and the Council representatives on the selection committee that Bret Weiss of WSB accomplishes that goal in the area of engineering.
A transition from one City Engineer/firm to another is a challenging task, but one that can be successfully accomplished with the cooperation of those involved. WSB will work with staff to develop a formal transition plan to achieve that goal. All costs for WSB’s consulting hours associated with the transition will be absorbed by WSB. Mr. Weiss has stated his commitment to building a long term relationship with the City, beginning with the transition. Rate schedules from SEH and WSB are virtually identical, with some categories (hourly rates based on level/type of employee) being slightly higher for one firm, and some categories slightly lower. Thus, from a billing standpoint, staff expects the change to be revenue neutral.
The selection committee would like to again express its respect and gratitude for Mr. Lange and SEH. The recommendation to make a change in services, while being the correct direction for the City, was not an easy decision to make given the past dedication, integrity and expertise of Mr. Lange and his firm.
Stahmer concluded by stating this was not an easy decision to make given the vast dedication of Mr. Lange and the firm of SEH.
Motion by Rauenhorst, seconded by Bell to accept the committee’s recommendation to hire Bret Weiss of WSB and Associates to be the City’s official consulting City Engineer, with formal appointment to occur at a subsequent Council meeting.
Davis asked how often the City intends on reviewing its service providers. What is our intention of the duration of this agreement? Davis stated he is aware they are included on the annual appointment list.
Stahmer stated he has worked for cities in the past where consultants have been on a five year schedule.
Grimm stated based on this motion we are hiring Bret Weiss to be our engineer and he intends on hold Mr. Weiss to it and he is expected to be the person at the meetings.
Grimm then commended Scott Lange for doing a great job. Council concurred.
Motion carried 5-0.
8. Other Business.
8.01 Rockin’ Rogers – Councilmember Rauenhorst
Rauenhorst stated that over the past few years, the Council has named a citizen of the year for Rockin’ Rogers Days. Rauenhorst recognized that Council wanted to change the process by which the citizen is selected, however given the short time frame, he nominated Judy Hanson to be awarded citizen of the year for Rockin’ Rogers; as she was recognized by the Northwest Hennepin Human Services Council.
Bunting stated he completely agrees with the nomination.
Davis commented on not liking this process, but believes Judy is worthy of the reward. There
Grimm, entertain Davis to make a motion to direct city staff to start the process in March 2009. Davis to present award, Grimm absent. Motion carried 5-0.
Motion by Davis, seconded by Bell to name Judy Hanson citizen of the year and to direct staff to come up with a process by March 2010; to advertise in the paper and form a committee and receive formal nominations. Also included in next year’s nominations should be a business of the year and charity of the year. Motion carried 5-0.
8.02 Staff update regarding recent park vandalism – Councilmember Bell
Bell referenced the recent vandalism at the City Parks and asked staff what the City is doing to remediate it, have the people caught been forced to clean it up? Bell also commented the Fox 9 News story was a good piece. Chief Luther stated they have had some success in apprehension of two juvenile males who spent 10 hours of their time to clean up the park. Luther discussed the steps he has taken to increase patrol of the parks, stating this becomes a partnership between citizens and police to catch the individuals doing the vandalism.
Public Works Supt. Seifert stated his employees try to remove the vandalism the day it is discovered. Seifert stated there is currently $18,000 of damage on North Community Park due to vandalism that will be processed through insurance, with a $1000 deductible. There was discussion on lighting the areas.
Bell offered the idea to the local newspapers to put in a new article about increased awareness at our community parks. No formal action was taken.
9. Correspondence and Reports
9.01 May Police Reports
9.02 Police and Fire Depts. Open House Update
9.03 Newspaper Circulation Update
Rauenhorst commented on the paper circulation. He stated there are 2500 homes, but 3600 papers being circulated; where are the other 1100 going? Bunting suggested they are being delivered to businesses. Rauenhorst stated he did not receive a paper last week and asked staff to check on this issue again.
Motion by Davis, seconded by Bell to adjourn at 10:00 p.m. Motion carried 5-0.
Assistant City Administrator/Clerk