1.  Call to Order.  The regular meeting of the Council of the City of Rogers was called to order by Mayor Grimm on Tuesday, April 13, 2010 at 7:00 p.m. at Rogers Community Center, 21201 Memorial Drive, Rogers, MN, 55374.

Council present:  Rob Bell, Jay Bunting, Jamie Davis, and Jason Grimm.  Rauenhorst arrived at 7:30 p.m.

Staff present:  Jeff Carson, City Attorney; Stacy Doboszenski, Assistant City Administrator; Brad Feist, Fire Chief; Jeff Luther, Police Chief; John Seifert, Public Works Supt.; Steve Stahmer, City Administrator; Lisa Wieland, Finance Director; and Bret Weiss, City Engineer.

2.  Open Forum. 
 No persons addressed the Council during open forum.

3.  Presentations. 
     3.01  Police Code of Ethics

Chief Luther addressed the Council stating last year on February 24th he asked for permission to allow the police department to appear before the Council to recite the Police Officer Code of Ethics.  Luther stated that every officer present has volunteered to do so on their own time to participate in the code of ethics.

Luther recited the code of ethics to the Officers.  The officers stood and raised their right hands to receive the code of ethics.

Luther also discussed two acts that demonstrate their service to the city; the first being a cardiac arrest victim on Arthur Street.  Luther also commended the fire department in their participation with the police department.  Council, staff, and audience commended officers Courtright and Franzen for their life saving event.

Luther then addressed the neighborhood watch program and night to unit.  Council, staff, and audience commended Officer Hayen and Reservist Jane Bunting for their hard work in this.

     3.02  Lt. Col. Barbara O’Reily and State Commander Don Nicks – Yellow Ribbon Reintegration Program
Don Nicks first addressed the Council and provided his background information and asked the City to consider becoming a Beyond the Yellow Ribbon community.  Mr. Nicks thanked the Council and offered their services to the community.

Lt. Col. Barbara O’Reily addressed the Council and audience regarding the Beyond the Yellow Ribbon program.  Lt. Col. O’Reily discussed the reason for the reintegration program.  Lt. Col. O’Reily discussed the importance of the families of the service member.  Lt. Col. O’Reily discussed the many challenges that face the families of the service members.
The Yellow Ribbon Campaign thinks about all the challenges of the service member family. 

Lisa Vasguez addressed the Council on what their accounting firm does to help the military, the service members, and their families.

Lt. Col. Barbara O’Reily stated the other four cities that are yellow ribbon cities are Woodbury, Farmington, Stillwater and Hugo.  O’Reily thanked the Council for their time and for the support of the community.

Grimm thanked O’Reily for the presentation and stated the City will support becoming a Yellow Ribbon Community.

Rauenhorst arrived at 7:30 p.m.

Luther stated he will be moving forward with the program to ask the Council to be part of the yellow ribbon community.  Luther then recognized Officer Brandon Wegner, wife Shannon, and children stating he is going to be leaving for Iraq in June. 

Brad Feist introduced Jim Cox on the Rogers Fire Department who has served two tours in Iraq.

Council took a short recess.

4.  Approve agenda.
     Additions to Other Business: 
     8.01  Comment on Neighborhood Watch Program – Rauenhorst
     8.02  Phase Three Plan with Dayton
Move Items 7.09 and 7.10 to the consent agenda
Rauenhorst questioned what items 7.09 and 7.10 included.
Grimm explained.
 
5.  Consent Agenda.
     5.01  Approval of Minutes from March 23, 2010 City Council Meeting and March 23, 2010 Workshop Minutes
     5.02  Approval of Bills and Claims
     5.03  Pulled by staff
     5.04  Parade Permit Request for Rockin’ Rogers Days to Hennepin County
     5.05  Cluster Mailboxes for Edgewater and Mystic Ridge
     5.06  Environmental and Natural Resource Trust Fund Grant for Water Well Monitoring
     5.07  Acceptance of 135th Avenue Project and Setting the two year warranty period
     5.08  High Traffic Map Update
     5.09  Approval of Minnesota Lawful Gambling Exempt Permit for Mary Queen of Peace for Bingo, Raffles, and Pull-Tabs for Their Annual festival on September 26, 2010
     7.09  Approve the plans and specifications and authorize the advertisement of bids for the CSAH 81 Realignment project
     7.10  Approval of Resolution No. 2010-13 between the Minnesota Department of Transportation and the City of Rogers for federal participation in advance construction for S.P. 238-020-002; M.P.STPX 2709 (157), Agency Agreement No. 96664
Motion by Bunting, seconded by Bell to approve the consent agenda.  Motion carried 5-0.

6.   Public Hearings
None.

7.  General Business
     7.01  Deadline for Removal of Nonconforming Sign at Link Recreation Property

Administrator Stahmer referenced his memo to the Council regarding the non-conforming sign at Link Recreation.  The deadline for removal was March of 2010.  The use is gone and the one-year timeframe from the date of previous Planner Burnham’s letter has expired.  Stahmer stated the sign is non-conforming on several counts.  Administrator Stahmer continued to discuss the illegalities of the sign.
Grimm stated because of the road construction and doing whatever we can for businesses, not in favor of keeping the sign in perpetuity, but possibly keeping during construction.

Bunting stated the property is vacant and doesn’t see the benefit of the sign staying up.  He stated he is willing to give leniency to businesses operating in the City, but this one should follow city code and policy.  Bell concurred with Bunting

Rauenhorst and Davis both supported the removal of the sign.

Attorney Carson stated a motion is not necessary; only if the council was going to allow the sign.

Council asked staff to follow the code and continue with sign removal.
Council discussed various other non-conforming signs.

     7.02  2009 Year End Closing Activity
Finance Director Wieland reviewed her year-end activity memo with the Council including four transfers, two budget-carryovers, and nine fund closures.

Motion by Bell, seconded by Bunting to authorize the 2009 transfers, budget carryovers, and closing of funds as identified in the memo as of 12/31/2009.  Motion carried 5-0.

     7.03  Consider Approving a Proposal with WSB and Assoc., Inc. to Perform Construction Services for the CSAH 81 and John Milless Drive Intersection Realignment Project
Engineer Weiss stated this item is in conjunction with the consent agenda items.  The proposal is related to the project staking, observation, administration, and materials testing for the project.  The budget is estimated at this time; anticipating 28 weeks of construction.  Of the $224,816 cost, Hennepin County is contributing $200,000 with the remainder coming from TIF No. 1.

Motion by Davis, seconded by Bunting to approve the proposal with WSB and Assoc., Inc. in the amount of $224,816 for providing construction services for the CSAH 81 and John Milless Drive Intersection Realignment project; city portion coming from TIF No. 1.  Motion carried 5-0.

     7.04  Consider Approving a Proposal with WSB and Assoc., Inc. to Perform Construction Oversight and Public Coordination for the TH 101 Flyover and I-94/TH 101 Interchange Improvement Projects
Engineer Weiss provided a description of the proposal by WSB for construction oversight and project coordination.
Administrator Stahmer clarified the proposals are actual costs not to exceed.  Weiss concurred.
Costs to be paid for by TIF No. 1

Motion by Bunting, seconded by Davis for an amount not-to-exceed $60,000 to be paid with funds from TIF No. 1 for providing construction oversight services and public coordination services for the TH 101 flyover and I94/T 101 interchange improvement projects.  Motion carried 5-0.

     7.05  Consider Approving a Proposal with WSB and Assoc., Inc. to Complete a Well Siting Analysis
Engineer Weiss proposed a well siting study to complete the Comprehensive Water Plan.

Motion by Rauenhorst, seconded by Bell to approve the proposal with WSB and Assoc., Inc. in the amount of $11,800 for providing a well siting study to complete the Comprehensive Water Plan.  Motion carried 5-0.

     7.06  Consider Approving a Proposal with WSB and Assoc., Inc. to Complete a North Water Treatment Plant Site Evaluation and Storage Needs Assessment
Engineer Weiss stated the proposal is contingent upon the City moving forward with the item being considered in closed session.  If the council does not move forward with the item under closed session, then WSB would not move forward with the site evaluation and storage needs assessment.

Motion by Bunting, seconded by Bell to approve the proposal from WSB & Assoc., Inc. in the amount of $5800 for providing a north water treatment plant site evaluation and storage needs assessment. Motion carried 5-0.

     7.07  Dutch Knolls Neighborhood Site Improvements Approval of Quotes
Public Works Supt. Seifert stated the public works department would provide day labor to keep the costs down for the improvements to the Dutch Knolls Neighborhood site.
Davis asked the funding source.  Staff stated it would come from park dedication fund 404.

Motion by Grimm, seconded by Bunting to approve the site improvements and approval of quotes.  Motion carried 5-0.

     7.08  2010 Capital Equipment Purchase Request, Equipment Certificate Debt Issuance and Fire Dept. Request for Proposal Authorization (Resolution No. 2010-12)
Staff is trying to gain a level of comfort with the Council on a number of capital purchases to be able to secure financing.  Trying to avoid a situation that has happened in the past where the city borrowed funds (approx. $150,000) more than what was ultimately approved and spent.
The second item is for a fire department truck purchase.  The ordering and purchasing process on a piece that large involves putting together a bids and specifications package.  The first payment would be due in 2012 if the Council approves the purchase in late 2010.
Administrator Stahmer reviewed the finance director’s worksheet relating to the funding mechanisms for the capital purchases.
Finance Director Wieland discussed the list of equipment, the inclusion of the list in the financial management plan, and the changes made to the list of capital needs based on council discussion.
Wieland stated staff is confident that what is being presented for equipment certificates does mesh with the financial management plan.
Financing sources were reviewed by staff with one versus two certificate issuances.  Wieland’s recommendation, along with Ehlers, is to leave the fire truck as a separate debt issuance.  Both issuances would not need to be rated and Ehlers would use an Offering Statement versus an Official Statement for private placement as well as a bond sale.  Wieland reported true interest cost is 2.58%.  First payment would be in 2011 and fitting into the financial management plan council has been using as a guide.
Wieland stated the Council could pass the resolution with not-to-exceed $400,000 language with a final sale to be presented to Council on May 25, 2010.

Rauenhorst commented on one of the public works vehicles being proposed for purchase.

Public Works Supt. Seifert discussed the history of capital expenditures and the zero budgeting over the past few years for new capital purchases.  Seifert stated the useful life of a piece of equipment needs to be judged by several things.  Staff is also reevaluating new versus used versus leasing options.  Seifert discussed the various pieces of equipment and needs of the departments.  Seifert proceeded through his list of equipment, including the following:  Permanent speed signs, sidewalk machine, mower, loader, directional safety sign, salt spreader, brine applicator, patch trailer, vacuum/jetter truck and meter/locater truck.

Seifert discussed the primary duties of the proposed loader.

Rauenhorst asked about selling public equipment.

Davis questioned if there would be value left at the end of the City’s useful life of the loader.

Seifert continued to discuss his list of capital purchase requests.

Chief Luther addressed the Council on his capital needs; squad car, 9 MDC’s, and speed trailer.

Web IT/Communication Specialist Greninger discussed the optic fiber with the SCADA project.

Fire Chief Feist discussed the authorization for bids to come back for Council approval in August or September 2010 with the first payment scheduled for 2012.
Administrator Stahmer asked Feist to explain which truck is being replaced and which truck is being moved.
Feist handed out pictures of the 1972 and the new engine.

Administrator Stahmer spoke on pull-tab revenue decreasing and the need to create a sinking fund for capital equipment purchases.  There was continued discussion on the use of pull tab revenues for capital purchases for the fire department.

Wieland discussed sinking funds and building them into the general fund budget for future capital needs.

Wieland reviewed the various requested motions from her memo with Council.

Motion by Rauenhorst seconded by Bell, to authorize the individual Department Supervisor, City Administrator and Finance Director to research best values, obtain competitive quotes (minimum of 2) or use the State of Minnesota Cooperative Purchasing Venture Program (CPV Program) and purchase the 2010 Capital Equipment identified by City Council, under a $100,000 value during 2010.  Any equipment not purchased under this equipment certificate request during 2010, will be brought back to City Council for future review.

Council discussed the opportunity to say no is now.  Staff and Council discussed informing Council of purchases made after this authorization is given as a correspondence item.
Motion carried 5-0.

Motion by Rauenhorst, seconded by Bell Motion to authorize the individual Department Supervisor, City Administrator and Finance Director to enter into the Statutory competitive bidding process or CPV Program for the purchase of all 2010 Capital equipment identified by City Council, over a $100,000 value.  Each item will be brought back to the City Council for final approval prior to purchase.  Motion carried 5-0.

Motion by Rauenhorst, seconded by Bell approving Resolution No. 2010 - 12, A Resolution providing for the Sale of $400,000 General Obligation Equipment Certificates including authorization of the City Administrator and Finance Director, along with Ehlers and Associates, to prepare an offering document and solicit proposals for the issuance of 2010 Equipment Certificates.  Final sale information will be presented to the City Council for consideration and awarding the sale of the bonds on May 25th, 2010.  Motion carried 5-0.

Motion by Rauenhorst, seconded by Bell to authorize the Fire Chief to prepare a request for proposal (RFP) including plans and specifications for the purchase of a new fire engine. The RFP will be brought back to the City Council for final authorization and to approve advertisement for bids with anticipation of awarding the contract in December, 2010 with financing secured during 2011.  Competitive bidding statutory requirements will be followed.

Davis commented in his 8 years on the Council, first time we have ever had to consider the financing of a fire truck.  Considerable money has been saved because of the pull-tabs.  Motion carried 5-0.

8.  Other Business.
     8.01  Comment on Neighborhood Watch Program

Rauenhorst stated he wanted to publically thank Jane Bunting and Officer Hayen for their work on the program.

     8.02  Phase Three Plan with Dayton
Council updated Rauenhorst on the outcome of the workshop session with Dayton.  Council discussed moving forward with the study and that they are not locking into the next phase.

Bunting recommended sending this to the transportation task force and bring it back with their recommendation.

Motion by Bunting, seconded by Rauenhorst to send the request to partial fund the phase three plan with Dayton to transportation task force for examination on the need.
Davis stated the question he was trying to get answered is if the study covers the Brockton Ave/CSAH 144 intersection.  If it can then it’s worth the investment.  Motion carried 5-0.

     8.03  Bell added an item relating to TIF
Bell questioned staff, as the city gets rid of TIF No. 1, he is unsure of how tax capacity changes.
Finance Director explained how the tax capacity from Hassan and TIF works with the levy limit.

Council and staff discussed levy limits, tax capacity, and how they are incorporated into the financial management plan.

9.  Correspondence and Reports
     9.01  March Police Report

Additional Item:
Engineer Weiss added an item stating the contractor for the fly-over bridge does not currently have the mold for the stone selected by the Council.  Weiss stated the contractor asked council to consider a different type of stone/color for the bridge wall.

Council stated the contractor needs to obtain the mold for the color/stone originally selected by the Council.

     9.02  Rogers Tower Site Update
Staff reported that well #5 is the new preferred site for Hennepin County.
     9.03  Hennepin Youth Sports Grant for North Community Park Football and Soccer Field Construction and Lighting Project
     9.04  Step 2 It Challenge – Recreational Trail Routes
Seifert reviewed the Step-to-It Challenge with Council.
     9.05  Draft of 2010 Citizen Survey
Council discussed some proposed changes to the draft citizen survey.
     9.06  Severe Weather Awareness Week
     9.07  January 2010 Financial Reports

10.  Adjourn to Closed Session to Discuss Purchase Agreement for 13 Acres of land – Reconvene to Open Meeting.
Seifert addressed the Council if they would add an item to the agenda to go into closed session to consider the purchase of the property described as PID 11-120-23 14 0006; a 13 acre parcel.
Motion by Bunting, seconded by Bell to adjourn to close session to consider a property purchase identified as PID 11-120-23 14 0006 at 9:43 p.m.  Motion carried 5-0.

Reconvene to regular meeting.
Motion by Rauenhorst, seconded by Bunting to authorize the purchase of the property from fund number 407 by approving Resolution No. 2010 – 14, A Resolution Authorizing Purchase of 13 Acres (+/-) from Lakeland Construction Finance.  Motion carried 5-0.

11.  Adjourn
Motion by Bunting, seconded by Bell to adjourn at 9:50 p.m.  Motion carried 5-0.


Respectfully submitted,
Stacy Doboszenski
Assistant City Administrator/Clerk