1. Call to Order. The regular meeting of the Council of the City of Rogers was called to order by Mayor Grimm on Tuesday, March 13, 2012 at 7:00 p.m. at Rogers Community Center, 21201 Memorial Drive, Rogers, MN, 55374.

Council present: Rob Bell, Jay Bunting, Jason Grimm, Rick Ihli, and Maureen Stanley.

Staff present: Stacy Doboszenski, Assistant City Administrator; John Seifert, Public Works Supt.; Robert Shellum, Police Chief; Steve Stahmer, City Administrator; Bret Weiss, City Engineer; and Lisa Wieland, Finance Director.

2. Open Forum
Greg Peppin, 14535 Edgewood Road – Several Issues
Mr. Peppin addressed the Council to discuss a couple issues of concern to him. He talked to Bunting and Stahmer about the plowing issue during the last storm. Would like to see that addressed on the Agenda tonight. Peppin was informed the revised agenda does include a discussion item regarding the plowing event. The second thing he wanted to discuss is the Planning Commission. It has come to his attention that perhaps one of the appointees did not have to go through the interview process and wants to know if there is any truth to that.

Grimm stated he would like to comment on that, but wasn't aware of it. Ihli asked who the individual was. Peppin stated he was told that Mr. Martin didn't have to go through the interview process.

Mr. Martin was present and explained that he was interviewed during the first round. Martin stated there were two rounds of applications/interviews. There was discussion between Mr. Martin and Mr. Peppin.

Peppin also discussed the speed limit on Rogers Drive and asked that the Council revisit the issue. On James Road the speed limit is 45 and on Rogers Drive it is 30 and thinks a 10 mph speed limit would be warranted.

Peppin then asked about the recycling fee. He thought twice per month recycling is sufficient. He suggested going to an every other week system. The other option may be if there are people that recycle less, maybe there can be a reduction in their fee.

No further discussion.

3. Presentations
3.01 Rogers Lions – Bruce Gorecki – Rockin' Rogers
Mr. Gorecki addressed the Council to represent the Rogers Lions Club and the Rockin' Rogers Days Committee. Mr. Gorecki discussed the upcoming events this year and the amount of money that has been given back to the Community. The reason the event is possible is the thousands of hours of volunteer time from the Lions and the financial support from the City of Rogers. He discussed a void in the budget with the annexation of Hassan, but believes there are ways of working with the City to fill the void.

Grimm thanked the Lions for what they do to the community and called them the best of the best.

3.02 Swearing in of Rogers Police Reservists
Grimm stated he will be swearing the reservists in tonight. Chief Shellum invited Reserve Dean Capps forward to present the reserve candidates. Dean introduced and provided a brief background on each reservist: Cody Vojacek, Jason Lawinger, Adrianne Foy, and Justin Cook.

Mayor Grimm swore in the reservists.

4. Approve agenda
The agenda was set as submitted.

5. Consent Agenda
5.01 Approval of Minutes from February 28, 2012 City Council Meeting
5.02 Approval of Bills and Claims
5.03 Approval of Minnesota Lawful Gambling Exempt Permit for Mary Queen of Peace to Conduct Bingo, Raffles and Pull-Tabs on September 23, 2012 for their Annual Festival, located at 21304 Church Ave.
5.04 Hassan Historical Society Form Letter
5.05 Police Chief Salary Range
5.06 Amended/Extended Contract with Shellum/MGA

Bunting moved, Ihli seconded a motion to approve the consent agenda. Motion carried 5-0.

6. Public Hearings
None.

7. General Business
7.01 Approve a CSAH 81 Pay Voucher #8 with the Intent to Reduce the Construction Retainage from 5% to 2% of the Construction Cost Completed to Date
Engineer Weiss recommended reducing the retainer from 5% to 2% for the CSAH 81 project with Hardrives. Weiss stated staff is confident that 2% will cover any unfinished items to be taken care of by the contractor.

Ihli asked what was left to do. Weiss stated seeding, striping, and a few clean-up items.

Bunting moved, Bell seconded a motion to authorize preparation of Pay Voucher #8 for the CSAH 81 project (S.P. 238-020-02, S.P. 27-681-32, County Project No. 0604) for the sole purpose of reducing the project retainage from 5% to 2%. Motion carried 5-0.

7.02 Consider a Request for Contract Modification for the CSAH 81 Project
Engineer Weiss reported on the additional engineering services that occurred with the CSAH 81 project. The total additional work is approximately $85,000. Weiss stated he believes the construction costs will finish approximately $79k to $80k under the anticipated amount, leaving a net increase of approximately $5,000 to the project. Weiss reviewed the following additional services:
● Additional design services: Staging plan modifications, adjacent site design, addition of John Deere Lane, Coordination with Rogers Plaza, and addressing contaminated soils
● Additional Inspection: Adding a second inspector and overtime hours
● Additional Staking: Survey requests were made to facilitate multiple work areas as well as replacing of stakes that were not protected (re-staking amount proposed to be withheld from Contractor)
● Additional materials testing (AET): Additional materials tests were performed due to the work being broken into smaller pieces for better staging and faster progress. Any retest costs for failed materials have been proposed to be withheld from Contractor.

Stanley asked if CSAH 81 and John Deere Lane were two separate projects and asked if the contaminated soils was on the John Deere Lane project not the CSAH 81 project. Weiss explained that there were contaminated soils on both.

Bell asked if the staking will be reimbursed to the City. Weiss explained how the reimbursement to the City would occur for the staking.

Council discussed a no U-turn sign at John Deere Lane and CSAH 81. The sign was approved for the intersection; however staff is waiting to install the sign. Weiss stated we are going to start with directional signage first to see if we can direct people down John Deere Lane before putting a no U-turn sign up.

Ihli asked if the parking issue was resolved at the end of John Deere Lane with Attorney Pearson. Weiss stated staff basically left it alone. We didn't come to a solution acceptable to the property owner, so we left it alone to be addressed in the future.

Bunting moved, Ihli seconded a motion to approve a contract modification for WSB & Associates, Inc. and AET in the amount of $85,003.50 for construction services beyond the scope of the original contract for the CSAH 81 Project (S.P. 238-020-02, S.P. 27-681-32, and County Project No. 0604). Motion carried 5-0.

7.03 Approve WSB's Proposal to Provide Engineering Services for the Edison Court Reach of Fox Creek Stream Bank Stabilization Project
Engineer Weiss addressed the Council regarding the Fox Creek Stream Bank Stabilization project stating a revised proposal was distributed and reduced the engineering services from $34,462 to approximately $17,000. Weiss discussed the reasons for the reduction in costs. Weiss addressed the map included in the packet stating the culverts are not properly aligned.

Weiss stated he is recommending approval of the engineering proposal in an amount not to exceed $16,968.

Stanley asked about neighboring properties and if any other issues may be happening.

Bunting asked if any of the work being done now would need to be redone in the future with future projects. Weiss stated no. The work being done now would not need to be redone.

Bunting moved, Ihli seconded a motion to authorize WSB fees not to exceed $16,968 for design and construction engineering services. The payment for the work is proposed to be paid from the storm water utility fund. Motion carried 5-0.

7.04 Request for Authorization to Hire Two Police Officers
Chief Shellum addressed the Council regarding the request to hire two police officers; one would be to replace Officer Hayen who resigned, and the second officer would be an addition to the department. Shellum stated he provided a lengthy document in the packet and the request for an additional officer initially came with the annexation of Hassan Township. He recommends strongly the Council considers the option of hiring two officers.

Grimm stated he had a chance to look at all the information and thinks Shellum put together some pretty clear points on why the additional hire is necessary along with replacing the opening Hayen left. Grimm referenced the intersection of 94/101 and the amount of commercial/industrial business in the City. Grimm stated he has no questions and is in favor of what is being asked for.

Bell stated he had a comment related to a couple of the items; the freeway and being one of the largest provider of police services in the 75 miles area. Bell stated he sees those as external issues and believes the City should approach the agencies involved and get them to realize there is a challenge here and Rogers is providing more services along the freeway than other cities may be providing. Bell commented on getting the State Patrol to own up to their responsibility. It shouldn't be our responsibility to take up their slack just because we are on the border of two districts.

Shellum stated protocols were changed with the State Patrol last fall. Also, with the mild winter, the demands were less.

Bell stated he is glad to hear the protocols have changed. Bell also addressed a comment he has made in the past; he would like to have the Police Department come up with a priority list of calls they take and have the Council be the ones to decide if the lower priorities (such as lock-outs) are still something that needs to be done by our department. Bell stated he would love if the Council had the opportunity to help with the prioritization of the calls for the officers.

Shellum stated most of what we are doing is responding to demands. He stated he would like to provide more crime prevention, but there is little time for that.

Stanley asked about overtime. Shellum stated there is $53,000 budgeted for overtime and will continue to be used for shift coverage until officers are trained and available. Shellum explained the large amount of overtime for all the activities that happen within our community; i.e. hockey games, basketball games, extra traffic patrol for funerals, etc.

Ihli was initially very much against bringing in another officer and would have waited until a new Chief is in this summer, but appreciates the memo and it provides good reasons why the hire should occur now. He would still rather wait, but will go along with the hire if the rest of the Council sees it fit.

Bunting stated he has expressed his concerns and knows Shellum has corrected many shortcomings and has the added difficulty of working with the Union and scheduling. Bunting stated he has always been in favor of maintaining the current strength of the department but is hesitant adding to it. Bunting stated he appreciates the information in the memo as it reflects we are in the bottom 15% of the communities shown. Bunting stated one thing he needs to keep reminding himself and others is that for 9 months out of the year, one of the officers is in the school. At this point he is leaning toward adding a second one and adding it immediately. Bunting discussed the amount of time commercial/industrial element has added (response to calls).

Bunting stated we have used part-time officers within the department; sometimes officers with decades of service and knowledge. Wants to make sure use of part-time officers gets put on the table as we go forward. As a Council, we should re-examine the logic behind the decision of getting rid of part-time officers. As of now, Bunting stated he is kind of with Ihli and would like to wait until the next Chief is hired, but thinks we have some challenges that need to be addressed before a new Chief starts.

Shellum stated he is thinking the reserves will be taking on some additional responsibilities such as prisoner transport. With the proper training and proper equipment, reservists may be able to do that. Shellum also discussed involving the fire department more for medical emergencies.

Bell moved, Bunting seconded a motion to authorize the police department to present two names to the Council for hire as full time police officers pending Council approval of specific candidates. Motion carried 5-0.

7.05 Discussion of City Snowplowing Operations
Public Works Supt. Seifert discussed a re-cap of the February 29th snowplowing operations. Council was presented with a fact sheet on the snow event which Seifert reviewed in detail.

Seifert stated staff tries to get snow events done in a 6 hour window. In plowing on January 1st for the combined community we were able to handle that kind of service level. This event was a larger event that took additional effort. This event was done in 10 to 13 hours of labor; done curb to curb by 3:30. The main roads were then redone and staff was done by 5:30 p.m.

Seifert discussed staffing, equipment repairs, the timing of the event (rush hour), and the water content of the snow.

Stahmer stated we had an equal number of questions/comments/complaints coming from both Rogers residents as were coming from former Hassan residents.

Ihli stated in his 15 years this was the first time he ever had trouble and thanked John for the extra five hours at home.

Bunting stated we received good information from surrounding communities and he talked with friends who are contractors who stated this was the worst time they had ever had clearing parking lots and driveways. The density of the snow was equivalent to 25 inches of snowfall. Bunting stated the repairs we had to make, as well as St. Michael and other surrounding communities can attest to the fact of how heavy the snow was. Bunting stated his road didn't get cleared until 3:30 p.m. Bunting stated we can't staff up for events like this as it doesn't happen often enough to justify it. There was not a whole lot staff could do and thinks John is doing everything to correct any small things that needed correcting.

Seifert stated his staff takes a lot of pride getting it done quickly. 6 hours for the entire community is a good goal. A heavy wet snow event might be twice that goal.

Council extended their thanks to the entire staff stating it's good that they give that dedication.

8. Other Business
None.

9. Correspondence and Reports
9.01 February Police Report
9.02 Park Board Minutes – February 9, 2012
9.03 Elm Creek Watershed Minutes – January 11, 2012
9.04 Transportation Task Force Meeting Minutes – February 21, 2012

10. Adjourn
Bunting moved, Bell seconded a motion to adjourn at 8:12 p.m. Motion carried 5-0.

Respectfully submitted,
Stacy Doboszenski
Assistant City Administrator/Clerk