1. Call to Order.  The regular meeting of the Council of the City of Rogers was called to order by Mayor Grimm on Tuesday, July 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, Jason Grimm, and Steve Rauenhorst.

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; Bret Weiss, City Engineer; and Lisa Wieland, Finance Director.

2. Open Forum. 
   • Doug Stumpf, 12980 Arthur Street, Drainage Issue
Mr. Stumpf addressed the Council regarding a drainage issue that has been going on since 2001.  SEH promised him he would never had a problem again regarding the drainage in the corner of his lot.  Mr. Stumpf stated the main complains are odor and constant water.  Mr. Stumpf provided pictures of his property to the Council.  Mr. Stumpf stated it used to be 2 – 3 inches of rain and it would flood.  Now it only takes about ½ inch of rain and it floods.  Mr. Stumpf provided history on allowing the City through his field to create the storm sewer.

Bunting asked him to let staff look into the problem.  Mr. Stumpf asked that the new City Engineer come out and walk the field and look at the problem.

Council consensus was to send staff out to Mr. Stumpf's property and to have this item placed on a future agenda.   Mr. Stumpf stated it needs to stay on the table until it gets fixed.
   • Judy Hanson, Friends of Rogers Library
Judy Hanson addressed the Council and introduced Diane Pitmon, Friends of Rogers Library President.  Hanson spoke to the Council regarding the future of the Rogers Hennepin County Library.  Judy provided a hand-out to the Council regarding their request to the Council.  Hanson stated Rogers is not in the framework for a new library.  Ms. Hanson requested a library subcommittee be formed to explore the needs of the community for a larger library.  Hanson stated she has spoken to Hennepin County Commissioner Johnson regarding her concerns. 

Council thanked Judy for her presentation.

Mayor Grimm asked what Commissioner Johnson had to say about the library.  Judy stated he is in support of a new library.

3. Presentations. 
None.
 
4. Approve agenda.
There were no items added to Other Business.

5. Consent Agenda.
   5.01  Approval of Minutes from June 22, 2010 City Council Meeting and June 22, 2010 City Council Workshop
   5.02  Approval of Bills and Claims
   5.03  Calling a Budget Workshop Session on July 27, 2010 at 5:30 p.m. at the Rogers Community Room, 21201 Memorial Drive, Rogers, MN
   5.04  Authorizing Police and Fire Depts. Open House on August 26, 2010
   5.05  Resolution Approving the Temporary Closing of Memorial Drive for the Police and Fire Open House on August 26, 2010 (Resolution No. 2010-23)
   5.06  Accepting Donation – Rogers Fire Department
   5.07  Approval of Resolution No. 2010 - 24, A Resolution Supporting the City of Dayton's Request for a Functional Classification Change to S. Diamond Lake Road to a B Minor Arterial Roadway 
   5.08  Approving Color Selection – Sewer Jetter Truck
   5.09  MN Corp Grant Application
   5.10  Approval of an Investment Safekeeping Resolution No. 2010-26

Bell asked that 5.08 be removed.

Motion by Rauenhorst, seconded by Bunting to approve the consent agenda less 5.08.  Motion carried 5-0.

5.08 Bell asked if any of the other Councilmembers had thought of the idea of changing the color scheme.  If nobody else has an interest in getting this started, then so be it.   
Bell moved, Rauenhorst seconded a motion to approve 5.08.
Grimm stated he would like to see the color scheme changed to Rogers Royals colors.

Bunting asked if there are safety concerns.  Seifert stated orange and yellow are used by MnDOT and Hennepin County.  Neighboring communities use blue, such as Corcoran and Hassan.

Seifert stated there are color choices for a no cost option.  Motion carried 5-0.

6. Public Hearings
None.

7. General Business
   7.01  Approval of Resolution No. 2010-25, A Resolution Annexing the Remainder of Phase II Properties of the Orderly Annexation Agreement from the Town of Hassan into the City of Rogers (MBA Docket OA-992)
Attorney Carson provided an explanation of the Resolution and stated the Board of Boundary Adjustments is meeting July 20, 2010 and will not meet again before August 15th.  Carson stated the actual annexation will not take effect until August 15, 2010.

Davis moved, Bunting seconded a motion to approve Resolution No. 2010-25, A Resolution Annexing the Remainder of Phase Ii properties of the Orderly Annexation Agreement from the Town of Hassan into the City of Rogers (MBA Docket OA-992).  Motion carried 5 – 0.

   7.02 RWAS Re-lighting Project
Seifert provided an explanation on the re-lighting project and the cost savings associated.
Bunting moved, Bell seconded a motion authorizing the re-lighting contract.  Motion carried 5-0.

   7.03 Approval of RFP for Fiber Optic Installation Services
Seifert addressed the Council on the request for proposals for the Fiber Optic Installation Services for the SCADA Project.  This project will facilitate the SCADA system for the 21 utility sites around the City and providing 24 hour ability to view the sites.  Seifert explained the next step is to hire the consultant to provide the design and bid process. 

Seifert then provided some background on the cost savings associated with the SCADA system. Bell thanked staff for the recap of the cost savings.

Bunting moved, Bell seconded a motion to approve the RFP for Fiber Optic Installation Services.  Motion carried 5-0.

   7.04 Authorizing Police Officer Hiring – Recruited Candidate
Chief Luther addressed the Council requesting permission to authorize the hiring of Police Officer candidate Daniel Ryan.  Luther explained this is a new position we would be filling, with salary savings while Officer Wegner is activated.  On July 7th, the candidate was interviewed by the hiring panel.  Luther requested permission to provide a contingent offer to Daniel Ryan subject to successfully passing the background investigation, psychological exam, and medical exam.

Grimm asked if the candidate has completed scenario training.  Luther stated he did the scenario training and passed them successfully.

Rauenhorst moved, Bunting seconded a motion to authorize the contingent job offer to Daniel Ryan as requested.

Davis asked if he is being hired as a cadet.  Luther stated he will be hired as an officer.  Future candidates may be subject to a cadet hiring.

Stahmer stated he is subject to the standard probationary period. 

Luther stated he would like to work with the Council on formulating a cadet program.  Motion carried 5-0.

   7.05 Approve Construction of a Pathway Along the North Side of South Diamond Lake Road from TH 101 to Northdale Blvd and Business District Signage as Part of the TH 101 Flyover Project.
Engineer Weiss addressed the Council requesting approval of a pathway along the north side of S. Diamond Lake Road from Highway 101 to Northdale Boulevard.  Also, staff is requesting approval to add a sign at 141st Avenue and Highway 101 which MnDOT will do as a supplemental agreement in their contract; not as a change order.
 
The only danger of approving these items is the potential responsibility of paying 100% of the costs in the event the contingency is used; to date approximately $120,000 of the retainer has been used.

Grimm and Bunting expressed their support of the pathway.

Rauenhorst moved, Bunting seconded a motion approving the construction of the pathway and the business district signage.  Motion carried 5-0.

   7.06 Update on July 1, 2010 Joint Annexation Task Force Meeting
Administrator Stahmer provided an update on the July 1st Joint Annexation Task Force Meeting, paraphrasing the following from his staff memo:
The Joint Annexation Task Force comprised of representatives from Hassan and Rogers have met multiple times since the initial meeting last December.  Discussions have covered such topics as police and fire service, moving the final annexation date from January 1, 2012, to a slightly later date (e.g., July 1, 2012), an overview of the City's Tax Increment districts, the concept of dual tax rates, and the City's long term Financial Management Plan. 
A key issue from the beginning has been the timing of the final annexation in 2012.  Hassan has asked that the City consider a slightly later date, on or around July 1, as opposed to the currently agreed upon date of January 1, 2012 per the OAA.  According to Hassan representatives, the primary benefit they would see would be an additional six months of representation by their own Town Board members before coming into Rogers to be represented by the City Council at that time.  From a transition standpoint (finances, services, etc.) City staff sees no real benefit, nor any real detriment from such a change.  In either case, the Hassan Town Board will set the levy for Hassan parcels for taxes payable 2012, with the Rogers City Council setting the levy for the entire City (Rogers + Hassan parcels) for taxes payable 2013.  Also, Hassan residents will be able to file for candidacy and/or vote in the 2012 City Council election, whichever annexation date is chosen.  Currently, we are using July 1, 2012, as the date of the annexation for the purpose of the Financial Management Plan.
A second point of discussion, and potentially the most contentious, concerns the concept of dual tax rates established through urban vs. rural service districts

Stahmer stated that staff does not recommend dual tax rates.

Carson added it is not really a dual tax rate system, but a phasing period not to exceed six years.  The statute itself references "for a period of time necessary to bring you up to tax supported services".  Carson stated tax supported services are starting day one.  Carson stated in order to provide a dual tax rate system, you would first have to establish services that would not be provided day one.

Grimm stated the discussion at the Task Force Meeting ended after Carson provided his information.

Davis asked, regarding the July 1st date, would that allow for voting and running in a primary election?  Doboszenski stated it should be ample time.

Carson stated we could do something similar to the resolution that was adopted tonight, giving the County time to respond to the full annexation.

Grimm stated something the Council has to come back with soon is the date.
Stahmer continued with his memorandum and stated the purpose of tonight's discussion is to make sure the action the joint board is taking is the correct course of action.

Stahmer stated the Town Board has asked a joint meeting of the full Council and full Town Board to talk about the issues of the annexation date and dual tax rates.

Grimm stated if everything went as planned, it would be a $500 tax increase for a $200-$300k home.  Grimm provided other comments that were made during the Task Force meeting.  Grimm complimented Lisa for her presentation and stated we gave them full disclosure.  Grimm explained that not everything in the Financial Management Plan may happen.

Stahmer stated one of the points he tried to make with the staffing plan and capital improvement plan, would be align them better with the projected growth.

Grimm asked the Council if they are okay with setting a joint meeting with Hassan.  Council concurred.  Stahmer stated staff will work on dates and provide options to Council.

No formal action was taken.

8. Other Business.
   None.

9. Correspondence and Reports
   9.01 June Police Report
   9.02 Joint Planning Board Update from the June 30, 2010 Meeting
   9.03 Transportation Task Force Update
   9.04 Step-To-It Challenge Update
   9.05 May Financial Report
No formal action was taken.

10. Adjourn to Closed Session for Police Dept. Teamsters Contract Negotiations – Reconvene to Open Meeting
Bunting moved, Bell seconded a motion Bell to adjourn to closed session at 7:56 p.m.  Motion carried 5-0.

11. Reconvene to Open Session
Bunting moved, Bell seconded a motion authorizing the Teamsters Local No. 320 (Police) contract to be placed on the next consent agenda.  Motion carried 5 -0.

12. Adjourn
Bunting moved, Bell seconded a motion to adjourn the meeting at 8:07 p.m.

Respectfully submitted,
Stacy Doboszenski
Assistant City Administrator/Clerk