1. Call to Order. The regular meeting of the Council of the City of Rogers was called to order by Mayor Bunting on Tuesday, June 25, 2013 at 7:00 p.m. at Rogers Community Center, 21201 Memorial Drive, Rogers, MN, 55374.
Council present: Jay Bunting, Don Hall, Rick Ihli, Darren Jakel, and Maureen Stanley.
Staff present: Gary Buysse, Liquor Operations Manager; Jeff Beahen, Police Chief; Jeff Carson, City Attorney; Stacy Scharber, Assistant City Administrator; John Seifert, Public Works Supt.; Steve Stahmer, City Administrator; Bret Weiss, City Engineer; and Lisa Wieland, Finance Director.
2. Open Forum
3.02 Presentation by Word of Peace
Karen Running addressed the Council regarding how Word of Peace can be a vital force within the community. Ms. Running provided a hand-out to the Council highlighting the services they currently provide to the Community. Running stated she was there to let the Council know there are 3500 members within their parish that are eager to help the community.
Ms. Running stated she or anyone on staff at Word of Peace can be contacted with any additional needs the City may have.
Council thanked Ms. Running for her presentation.
4. Approve Agenda
Jakel added Pavement to Other Business.
5. Consent Agenda
5.01 Approval of Minutes from June 11, 2013 City Council Meeting
5.02 Approval of Bills and Claims
5.03 Request to Allow Parking in a No Parking Zone – Hisco Open House, Sept. 18, 2013
5.04 Approval of a Special Event Permit for Health Source of Rogers on July 15, 2013
5.05 Approval of a Special Event Permit for Word of Peace Church on August 8, 2013
5.06 Adopt Ordinance No. 2013-09, An Ordinance Amending Section 6 (Fire) of the 2013 Master Fee Schedule to include Tent Fees and Summary Ordinance No. 2013-09.
5.07 Approval of Resolution No. 2013-37, A Resolution Affirming Participation in OSA Performance Measurement Program
5.08 Authorize Letter of Support for Minnesota Green Corp Intern Application
5.09 Approve Letter of Support for a Trail Improvement in Crow Hassan Park from Three Rivers Park Association
5.10 Approval of Resolution No. 2013-38, A Resolution Creating a Veteran's Memorial Fund
5.11 Approval of Resolution No. 2013-39, A Resolution Approving the Edgewater Neighborhood Park Playground Improvements and Accepting of Donated Park Equipment
5.12 Approval of a One Day Temporary On-Sale Liquor License September 7, 2013 at the Crow River Sportsman Club, located at 27101 Territorial Road
5.13 Approve Change Order No. 1 for Northdale Blvd. Drainage Improvements/Bedrock Motors Project
5.14 Approve Plans and Specifications; Authorize the Advertisement for Bids for the Extension of Trail and Lighting Improvements Along Rogers Drive and Richard Street (Rogers Drive)
5.15 Award Contract for Construction to Twin Pines Earthworks for the Edison Court Streambank Stabilization Project
5.16 Request for Waiver of Closing Time Ordinance for Community Room for 12/31/2013
5.17 Request to Amend the City False Alarm Ordinance
5.18 Authorization to Advertise for RAC Maintenance I Position
5.06, 5.12, and 5.17 pulled for discussion.
Hall moved, Ihli seconded a motion to approve the remaining items of the consent agenda. Motion carried 5-0.
Jakel stated he discussed this a while back and has a concern over the enforceability of the tent ordinance. The one item that comes to mind is the graduation get-together on people's private property.
Chief Feist stated the intent wasn't discussed for residential property. Through the discussions, it was not targeted for residential properties. It was more designated for the special event permits, where we are dealing with the public. Feist stated it was for tents over 200 square feet.
Stahmer stated, at the Council's option, you could exempt private residential from the fee, but they would still need to be inspected from fire/safety reasons.
Feist stated with the advice of the attorney we could put that exemption into the fee schedule. When looking at private property, we need to be careful.
Bunting asked if we should be looking at different wording for residential. Carson stated we could get the inspector on the property if dealing with a tent.
Staff recommended coming back to the Council with revised language.
Jakel moved, Ihli seconded a motion to table 5.06. Motion carried 5-0.
Jakel questioned the event. Scharber stated it is for a fund raising event they are having in September when they have requested a gambling permit.
Jakel moved, Stanley seconded a motion to approve 5.12. Motion carried 5-0.
Jakel stated he appreciates the research and the background done on the ordinance and appreciates the intent of the ordinance. Jakel stated this addressing the 80/20 rule; 80% of the problems coming from 20% of the businesses. Wants to have more discussion and want to make sure we are having the right intent with this ordinance. There are a lot of things we are doing with our inspection program by making buildings safer.
Stahmer stated the staff goal with this ordinance and the existing ordinance is never to actually collect the dollars from the fees, the goal is to get compliance on the false alarm ordinance so staff time can be better spent with limited resources. Chief Beahen was able to implement this in a previous city and the number of false alarms went down precipitously.
Beahen stated there was a 43% drop in Elk River where they average 3000 in one year. Beahen stated he is working with the business community to reducing false alarms. This ordinance would require the business to use the two-call process. Beahen explained the two-call process.
Beahen stated in light of what we are saying about fees, we are not advocating a fee process. We don't see enough value in going through that effort. This is not to bring in fees to the City. What we have found in is that most business would adhere to the new ordinance.
Jakel questioned an annual fee. Beahen stated there would be no annual fee. Jakel agreed. Jakel stated he appreciates that if there is a responsible business owner that has an incident and they correct it they are not punished.
Bunting concurred with Beahen and Jakel.
Beahen stated one important thing to note is that the model ordinance proposed was developed by American alarm manufacturing companies. The industry is recommending this.
Beahen stated the plan would be to bring this back in appropriate form, but wanted to get through some of the questions. Once adopted and passed in its final form, should we have it go in effect right away and adopt a new fee schedule, or wait until January 2014 for implementation?
Council asked to have it brought back in its final form at the next meeting.
Jakel moved, Ihli seconded a motion to table 5.17 until the next meeting. Motion carried 5-0.
6. Public Hearings
6.01 Public Hearing on the Kinghorn Lift Station, Forcemain, and Sanitary Sewer Extension Improvements (Resolution No. 2013-40)
Engineer Weiss addressed the Council regarding the project and provided an overhead of the service area. Weiss stated the area that is colored is the entire service area for the lift station. Weiss explained the differences in the colors; the red areas are properties that can be served by the lift station in the future, but will not be assessed at this time. The only person being assessed is Kinghorn.
Weiss proceeded through the options of where to locate the sanitary sewer line. The option recommended is a force main to the intersection of David Koch Avenue and Brockton Lane.
The overall estimated project cost is $817,000 with the following funding summary:
$300,000 City trunk funds
$140,000 lateral sewer assessment
$353,640 lift station trunk fee - spread against the benefited properties.
Weiss provided a project schedule.
Stanley asked if we are only assessing Kinghorn now because he is developing. Weiss stated they are going to pay trunk fees in the future.
Stanley questioned the total costs that would be leftover; $500,000? Weiss stated take off the $300,000 that is our responsibility.
Mayor Bunting opened the meeting for comment at 7:35 p.m. and invited the public forward.
David Wischnefski, 12720 Brockton Lane, now the owners of the former Henry property addressed the Council stating they bought the property in December. Wischnefski stated they have not been talked to. Wischnefski asked why is the pipe going on their side of the road instead of the other side of the road. He also questioned the use of force mains stating there are other options that don't have to be cleaned out properly and commented on the harsh chemicals that are used in the pipe.
Weiss stated when the Henry family platted it, one of the conditions was to provide 65 feet of easement on either side of the centerline. Weiss stated he wasn't aware the property sold, but the required easement was a requirement of the Henry family. As to why it would be located on his side of the road is because the lift station is on that side and there are less utilities located on that side of the road making it a cleaner side to do the directional boring. There will not be a lot of impact, it will be a directional bore. Weiss stated possibly the information he was referring to could be related to private systems in regard to the harsh chemicals. Weiss stated there are lift stations used all over the twin cities and the reasons are because of the elevations and can't get a gravity line in without huge expense or disruption to the Henry property.
Staff stated there are currently 12 lift stations in Rogers and we have never had a lift station requiring the cleaning of the force main. The discharge is into a manhole. If you had a case where one is not working, there are solutions to fixing them.
There was discussion on the amount of disruption to the Wischnefski property.
Weiss believes we can go the length of his property with directional bore without disruption. There will be no disruption with the driveway.
Wischnefski stated the width of his property is 415 feet. There was discussion on utilities located within the right-of-way.
Bunting stated the expected disruption is exposing utilities that they come across.
Wischnefski continued to comment on locating the pipe on the west side of Brockton Lane. Weiss stated it has already been studied, but will take another look at it.
Seifert stated there is three-phase power line and a gas main on the west side. Seifert provided history on another project and the difficulty in holding the line with two different directional bores. Seifert cautioned staying away from the other utilities stating the safest and best location is the east side. The project is being located within the public road right-of-way. Seifert stated the Henry property is the plat of three to four parcels.
Wischnefski re-approached the podium expressing concern over trees located within the 65 foot easement.
Weiss stated the 65 foot easement from the centerline is a Hennepin County requirement for the plat. Weiss stated we don't need to use the full easement for this process. Weiss stated it may not be shown on the plat, but it was a condition of the platting process that 65 feet of easement be granted. Weiss cautioned that Hennepin County may take the trees out in the future if there is an expanded roadway.
Bunting stated that Brockton Lane could become four lanes in the not so distant future and asked the homeowner to take that into account.
There was no further discussion.
Ihli moved, Jakel seconded a motion to close the public hearing at 7:49 p.m.
Weiss stated the motion would be to approve the recommended resolution.
Ihli moved, Hall seconded a motion to approve Resolution No. 2013 – 40, A Resolution Ordering the Improvements for the Kinghorn Lift Station, Forcemain, and Sanitary Sewer Extension Project.
Bunting asked that staff meet with the homeowner. Motion carried 5-0.
7. General Business
7.01 Approval of Resolution No. 2013-41, A Resolution of Support for City of Rogers State Bonding Fund Request for the Public Safety Building/Emergency Operations Center
City staff has submitted an application to the state for the appropriations request for 2014. Stahmer read the following from his memo:
The project would relocate the Police Department from the currently deficient Police Station on Main Street to the current Fire Department/Community Room site to create a Public Safety Building housing both Police and Fire. A major element of the remodel and new construction involves the build out of a fully functional Emergency Operations Center.
Current cost estimates put the project at just over $5 million. Per the City's application, Rogers is requesting 50% of those funds to come from state bonding money with the remainder to be funded by the City and/or other local government partners (e.g., County Emergency Management, etc.). Rogers Police and Fire serve an important regional role in emergency management and response, as noted in the attached application. A primary responsibility involves the Monticello Nuclear Generating Plant and the City's role in the Radiological Emergency Preparedness (REP) plan/program, in addition to other regionally critical emergency response requirements. As part of the application, a resolution of support from the City Council is necessary.
Ihli stated that this does not hold us to the project, that it is just a request for funding.
Ihli moved, Stanley seconded a motion adopting Resolution No. 2013 – 41, A Resolution of Support for the City of Rogers State Bonding Fund Request for the Public Safety Building/Emergency Operations Center. Motion carried 5-0.
7.02 GovDeals.com Approval
Stahmer read the following from his memo:
In an effort to streamline the process for sale and disposition of excess City-owned equipment, staff has been working with GovDeals to establish a process and contract by which the City would sell through the company's online auction service. Typical pieces of equipment which may become surplus to the City include replaced Police squad cars, forfeiture vehicles, old Fire apparatuses, Public Works vehicles and equipment, and IT equipment such as City computers.
Stahmer explained GovDeals is an online clearing house; an auction where quite a few government entities look to buy equipment. Stahmer stated the local representative from GovDeals is present to answer any questions the Council may have.
Stahmer stated the fee option the staff is representing is a 12.5% buyer's premium.
Staff is recommending that we mirror the purchasing policy in terms of threshold for authority for disposal.
Wieland stated of the 12.5%, 5% is the credit card fees, 7.5% is the fee that GovDeals gets.
Ihli moved, Jakel seconded a motion to authorize execution of the Memo of Understanding with GovDeals and to designate GovDeals, the State Auction, Minneapolis Auto Action, and city-to-city sales through the League of Minnesota Cities as approved methods of disposition of excess City equipment under the value threshold policy as described. Motion carried 5-0.
7.03 Approve a Revised Joint Powers Agreement with the City of Dayton with Regard to a Temporary Water Service Connection from the City of Dayton for the CLAM Building Located within the Kinghorn Industrial Park
Weiss stated a revised agreement has been provided and approved by the Dayton City Council at a special meeting last Wednesday. Weiss stated that staff was unaware that they were having a special meeting. Dayton is requesting $3500 for the 5 year term. Kinghorn has agreed to pay the $3500 and we are not arguing that point any longer. However, there may be a 1% administrative fee to be applied to the sanitary sewer JPA. Weiss addressed the current language that would allow for Dayton to cancel the agreement without cause stating their primary concern is the limited amount of water they can get from Maple Grove; 5 million gallons per day. Weiss stated if they reach their limit, we would make sure we have a pipe in place.
Another concern addressed during the staff meeting was the requirement for payment within 14 days from the time we are invoiced. The state statute gives cities 35 days to pay. We would like more leniency to pay.
Bunting stated as communities that neighbor each other we rely on each other for a variety of help. We are neighbors and I think it is important to keep that in mind.
Jakel agrees and stated we also have a good public works relationship with Dayton. This shows that we need to communicate more with Dayton in the future now that we are immediate neighbors without the Township in between.
Stanley suggested another joint meeting.
Weiss commented that Dayton does not have sewer in that area, and on a temporary basis, we have the capacity to accommodate that.
Stahmer asked if the assumption is that Dayton is voting on this again two weeks from tonight. Staff was not clear on how Dayton was going to address the revised agreement.
Hall moved, Jakel seconded a motion to approve the attached Joint Powers agreement (JPA) related to providing water service from the City of Dayton to the CLAM building located within the Kinghorn Industrial Park with the deletion of the option for Dayton to terminate the agreement without cause, to include an additional statement regarding if Dayton were to reach capacity with water from Maple Grove that Rogers will put water in place, and lastly to include a reference to the state statute regarding 35 days to pay an invoice, not the 14 days stated in the existing draft of the JPA. Motion carried 5-0.
8. Other Business
Jakel stated he is looking for an update on the Pavement Management Plan.
Weiss stated that staff did go out on a tour of the roads, they are taking that information and will have it to John by end of June then the information comes before the transportation task force.
Weiss stated an update on traffic study (Kinghorn) will be given to the Planning Commission on Thursday.
No action taken.
9. Correspondence and Reports
9.01 Rogers Park Board Meeting Minutes May 9, 2013
9.02 Elm Creek Watershed Management Commission Minutes May 8, 2013
9.03 May, 2013 Financials
No action taken.
10. (cont.) ADJOURN TO CLOSE SESSION FOR DISCUSSION OF POTENTIAL PROPERTY ACQUISITIONS RELATED TO THE HWY 101/CR 144 PROJECT
Bunting adjourned the meeting to closed session at 8:18 p.m.
Council reconvened from closed session at 9:08 p.m.
Attorney Carson stated staff discussed potential property acquisitions related to the County Road 144/Highway 101 road improvement project. Assistant Administrator Scharber read the following recommended motions:
A motion authorizing execution of developer's agreements as discussed in closed session for parcels four and seven for the Highway 101/County Road 144 improvement project. Jakel moved, Ihli seconded the recommended motion. Motion carried 5-0.
A motion allowing the continuance of negotiations and authorizing the sending of final offers not to exceed those prepared. Ihli moved, Stanley seconded the recommended motion. Motion carried 5-0.
A motion authorizing the City to proceed with the project to install the remaining portion of sanitary sewer as conditioned upon in closed session discussions. Jakel moved, Ihli seconded the recommended motion. Motion carried 5-0.
Stanley moved, Ihli seconded a motion to adjourn at 9:10 p.m. Motion carried 4-0.
Assistant City Administrator/Clerk