1.  Call to Order.  The regular meeting of the Council of the City of Rogers was called to order by Mayor Grimm on Tuesday, September 14, 2010 at 7:00 p.m. at Rogers Community Center, 21201 Memorial Drive, Rogers, MN, 55374.

Council present: Rob Bell, Jay Bunting, Jason Grimm, and Steve Rauenhorst.
Council absent: Jamie Davis.

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. 
None.

3.  Presentations. 
     3.01 Dean Capps – Community Law Enforcement Foundation – Donation of Radio
Mr. Capps addressed the Council to present “dunk tank” certificates to the Council and staff; Chief Luther, Mayor Grimm, and Jamie Davis.  The participation by Council and staff allowed for the contribution of $2500 for the purchase of one radio.  Capps stated they averaged over $100 per hour.  Mr. Capps then presented a $2500 check to Council for the radio purchase.

Chief Luther expressed his appreciation toward the Community Law Enforcement Foundation.

Council thanked Mr. Capps.

4.  Approve agenda.
There were no items added to Other Business.

5. Consent Agenda.
5.01 Approval of Minutes from August 31, 2010 City Council Meeting and August 31, 2010 City Council Workshop
5.02 Approval of Bills and Claims
5.03 Approval of Police Vehicles to Auction
5.04 Declaration of Restrictive Covenants - Muller
5.05 Declaration of Restrictive Covenants – Hines Family Limited Partnership
5.06 Resolutions Canceling Debt Levy Requirements for General Obligation Bonds for 2011
     5.06.01 Approval of Resolution No. 2010-34, A Resolution Canceling Debt Levy Requirements for General Obligation Improvement Bonds Of 2003 (Rogers Drive Phase 2, South Diamond Lake Road Phase 5, And Industrial Court)
     5.06.02 Approval of Resolution No. 2010-35, A Resolution Canceling Debt Levy Requirements for General Obligation Improvement Refunding Bonds Of 2008B (Industrial Boulevard Improvement Project)
5.07 Approval of Striping Quotes
5.08 Request for Temporary Street Closure by Graco on Sat., Sept. 18, 2010

Bell moved, Bunting seconded a motion to approve the consent agenda as submitted.  Motion carried 4-0.

6. Public Hearings
None.

7. General Business
7.01 Items related to 2011 Preliminary Levy 
Administrator Stahmer reviewed preliminary levy memo:
Primary factors guiding the City toward a fiscally sound budget with an overall levy increase, but little or no increase in the tax rate include:
 • No general fund operating levy increase since 2007 (declining since 2007)
 • Continued loss of State aid (MVHC)
 • Declining market values
 • Net increase in debt levy of $35,000 related to 2010 equipment certificate
 • Increased overall tax capacity (largely TIF 10/11 capacity)
 • Increased building permit revenue in 2010
 • Increased excess rate TIF revenue
Other key elements of the preliminary budget and levy as discussed and directed by Council in the August 31, 2010, budget work session include:
 • Additional $50,000 of Liquor transfer to General Fund above and beyond the standard $150,000 transfer
 • Incorporation of Police staffing additions (investigator promotion, patrol backfill due to investigator promotion, additional PD admin hours)
 • Incorporation of Public Works staffing/contractual additions (Parks, Rec, PD admin)
The staffing additions noted above remain subject to final levy adoption in December, as well as actual approval to hire in 2011.
Finally, assumptions related to existing costs and used to develop the draft budget and levy include:
 • A 0% cost of living adjustment to both and non- staff, with continued step movement within pay grade for those staff still progressing through steps (identical to 2010)
 • No increase to health insurance contributions by the City
 • State mandated PERA pension increases to go from 7.1% in 2010 to 7.25% in 2011 for non PD/Fire employees.  Increase from 14.10% in 2010 to 14.4% in 2011 for PD/Fire employees.
 • Work Comp increase of 7%
 • Property/Casualty increase averaging 4%.
 • Utility increases of 2.8% for natural gas, 3.4% for electric

Stahmer recommended adopting the preliminary levy to include the additional $100,000 as directed by Council; $3,936,720.

No questions from Council.
   7.01.01  Approval Resolution No. 2010 - 36, A Resolution Establishing the Proposed Preliminary 2011 Tax Levy Payable in 2011 for the City of Rogers, Minnesota
Bell moved, Bunting seconded a motion to approve Resolution No. 2010 – 36, A Resolution Establishing the Proposed Preliminary 2011 Tax Levy Payable in 2011 for the City of Rogers, Minnesota to be set at $3,337,640 for General fund, and $599,080 for Special Levies, for a total levy of $3,936,720.  Motion carried 4-0. 
   7.01.02  Setting December 14th as the date for Public Input
Rauenhorst moved, Bell seconded a motion to set December 14, 2010 as the date for public input.  Motion carried 4-0.

7.02 Resolution Regarding Change of Annexation Date
Administrator Stahmer provided the background information for the request of changing the annexation date from January 1, 2012 to July 1, 2012.  Stahmer recommended tabling action on the resolution and to direct staff to draft a memorandum of understanding (MOU) to accompany the resolution. Stahmer then reviewed the following points recommended to be included in the proposed MOU:
 • Rogers will acknowledge and honor the intent of the various funds earmarked for specific projects/areas that are to be inherited from Hassan.
 • The Hassan Town Board members at the time of the final annexation will be invited to attend City Council meetings for the remainder of the year to serve in an advisory capacity only.
 • For taxes payable 2012, Hassan Township will adopt a “full-year, all-services/programs” tax levy, substantially similar to that that in 2010 and 2011.
 • Hassan Township will have no significant spend-down of general fund reserves between now and the final annexation.
 • At present, the City of Rogers intends to absorb all existing Hassan debt to be spread across all property tax payers in the merged City.  The city of Rogers does not intend to apply Hassan debt service levies only against Hassan properties after annexation, unless significant additional debt were to be incurred by Hassan between now and annexation.  As such, Hassan Township will inform the City of Rogers of any major debt issuance or capital expenditure that would have an impact on the City’s Financial Management Plan. 

Council discussed the list prepared, stating they were comfortable with the items.

Bell moved, Bunting seconded a motion to table the resolution and to direct staff to prepare a MOU to include the items outlined in the staff memorandum.  Motion carried 4-0.

7.03 Award Bid and Execute Contract for Fiber Optic Installation
Public Works Supt. Seifert addressed the Council regarding the bid award for the fiber optic installation project.  Staff is recommending awarding the bid to the low bidder, MP Nexlevel, with the reductions noted in the staff memo, reducing the overall bid by $31,343.

Rauenhorst questioned the original estimate and the estimate versus the bid result; a difference of $154,000 to $190,000.  Seifert provided an explanation on the criteria used in the bid specifications.

Seifert stated the project will bring a complete loop to the school districts existing fiber as well as providing the backbone for the City’s SCADA system, collecting 22 points across the City including the City’s public buildings.

Seifert stated the majority of the funding is from WAC and SAC, with $20,000 coming from the 2010 equipment certificate.

Rauenhorst moved, Bunting seconded a motion to award the bid to MP Nexlevel, on the condition of approving change order no. 1.  Motion carried 4-0.

7.04 129th Avenue/Arthur Street Drainage Issue Discussion
Engineer Weiss stated that a full recommendation will not be given tonight on the drainage issue at 129th Avenue and Arthur Street, however options will be presented along with a request to meet with Mr. Stumpf.  Weiss provided a Powerpoint presentation giving the background of the current draintile system and issues impacting Mr. Stumpf’s property.  Weiss reviewed the following options with Council:
   1. Revegetation: 
The existing vegetation and seed stock currently on site are intolerant of the consistently wet conditions. As a result, bare ground currently dominates the low areas along the draintile alignment. To eliminate the appearance of bare ground caused by extended pooling on the property, vegetation which is tolerant of both extended wet and dry conditions could be introduced to the surface. Such efforts would include seeding the area with a mesic prairie type seed mixture using a seed drill method or broadcast and rake method. A customized seed mixture of this type would produce vegetation which could tolerate 6-inches to 1-foot of water for periods of up to two weeks.  The cost to seed the bare areas (approx. 1/2 acres) with this type of seed mixture is estimated to be $6,500. This estimate includes mobilization, seeding, mulching,
maintenance and indirect costs.

   2. Stumpf Property Grading:
The existing 18” draintile pipe on the Stumpf property could be replaced by either a pond or a drainage channel. The surrounding ground could then be graded so that all runoff drains towards the pond or channel. Since the existing draintile inlets are above or level with the low surfaces of the property, this would provide a lower collection point for water to drain to once flooding subsides, instead of being trapped on the surface.  Constructing such improvements will provide more ponding storage within the property and may reduce the extents and footprint of flooding. These improvements alone, however, will not eliminate the fluctuations in dry and wet conditions and would require installation of vegetation which would be tolerant of such conditions as described previously.
The cost to construct a 1/3 acre pond three feet deep or 500 foot long channel of similar volume is estimated to cost approximately $63,000. This would include excavation, removal of existing 18” draintile pipe, site grading, seeding, riprap, and 18” flared end sections in addition to indirect costs. This improvement is subject to verification of the wetland type.

   3. Wetland Storm Sewer Outlet Proposed in 2006:
A plan was prepared in 2006 to construct a 36” diameter storm sewer outlet on the north end of the 129th Avenue wetland. However, the project was delayed due to lack of developer funds and easement restrictions. Construction of this outlet will eliminate the need for drainage from the wetland and treatment pond to be routed through the existing 18” draintile pipes, however it would still be operational. If this outlet is constructed in the future, the existing hydraulic connection between the pond and wetland to the Stumpf property may be eliminated. Doing so would reduce the occurrence of flooding.  However, drainage coming from the west and east may continue to cause some pooling on the property.  The project cost for the outlet was estimated to be $431,000.

Weiss stated he intends on having conversations with the newly annexed Hassan properties along with Mr. Stumpf and bring forward a recommendation at future date.

Mayor Grimm stated the City needs to figure something out to help the property owner.  Grimm asked Mr. Stumpf if he has any questions.

Council agreed with staff to meet with the various property owners and come back with a recommendation for proceeding.

7.05 Consider Setting a Date for the TH 101 Flyover Bridge Ribbon Cutting
Engineer Weiss stated he has been conversing with MNDot and the contractor and they are planning an October 1, 2010 flyover bridge opening.  The two dates available for ribbon cutting are September 29th or 30th.

Bunting moved, Bell seconded a motion to schedule the flyover bridge ribbon cutting for Thursday, September 30, 2010 at 2:30 p.m. to be held on the bridge deck.  Motion carried 4-0.

8. Other Business.
None.

9. Correspondence and Reports
9.01 August Police Report
No action taken.

10. Adjourn
Bell moved, Bunting seconded a motion to adjourn at 7:40 p.m.  Motion carried 4-0.

Respectfully submitted,
Stacy Doboszenski
Assistant City Administrator/Clerk