1. Call to Order. The regular meeting of the Council of the City of Rogers was called to order by Mayor Bunting on Tuesday, January 14, 2014 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: Jeff Beahen, Police Chief; Gary Buysse, Liquor Operations Manager; Jeff Carson, City Attorney; Brad Feist, Fire Chief; 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
3.01 Lion's Donation
The Rogers Lions were present and stated they are excited to give $35,000 to the community for the Park Fund and the Veterans Memorial Fund. They presented the Mayor and Council with a check.
Council thanked the Lions for their donation.
3.02 Thank You to Local Businesses – Preserve at Commerce
Bunting stated this item on the agenda is to thank local businesses for their assistance during the explosion at Preserve at Commerce that happened in Rogers on January 5, 2014. Bunting stated housing and food were provided for the residents that needed to evacuate the Preserve apartments. Mayor Bunting read from the certificates to be presented. Dominos Pizza of Rogers and Hampton Inn of Rogers were present to accept their certificate from Mayor Bunting.
Bunting then recognized those businesses were also assisted and were not present: Muller Family Theater, Cub Foods, Caribou Coffee, and Broadway Pizza of Rogers.
Bunting stated he wanted to recognize a few people that responded that work for the City: Officer Shawn Wilbur, Officer Kris Koroll, and Officer Jeff Beck. Bunting stated they showed the dedication that our officers have to the City of Rogers and want to thank them for that.
Bunting also recognized Assistant Chief Krumwiede for his work and dedication to the City and fire department.
Bunting then recognized both Chief Feist and Chief Beahen for their work. We should be very proud to have two people who represent the City of Rogers as well as they do.
Bunting read from a list of agencies that assisted during the explosion; area police and fire departments, state patrol, county agencies, public works, and city inspectors from Metro West.
4. Approve Agenda
The agenda was set with the following additions: 8.01 Added by Bunting.
5. Consent Agenda
5.01 Approval of Minutes from December 10, 2013 Work Session, December 10, 2013 City Council Meeting and December 20, 2013 City Council Special Meeting
5.02 Approval of Bills and Claims
5.03 Items Relating to Amending Ordinances 2013-18 and 2013-19 Utility Rates:
• Adopt Ordinance No. 2014-01, An Ordinance Amending Ordinance No. 2013-18 Adopting the 2014 Master Fee Schedule for the City of Rogers and Summary Ordinance No. 2014-01
• Adopt Ordinance No. 2014-02, An Ordinance Amending Ordinance No. 2013-19 Utility Rates for Sanitary Sewer, Water and Storm Water Within the City of Rogers and Summary Ordinance No. 2014-02
5.04 Approve Renewal of On-Sale Liquor License for Applebee's
5.05 Approve Renewal of On-Sale Liquor License for Broadway Bar & Pizza
5.06 Approve Renewal of On-Sale Liquor License for Guadalajara's Mexican Restaurant
5.07 Approve Renewal of On-Sale Liquor License for Maynard's Restaurant
5.08 Approve Renewal of On-Sale Liquor License for Harvest Grill
5.09 Approve Renewal of On-Sale Liquor License for Wellstead of Rogers
5.10 Approve Renewal of 3.2 and Wine License for Angeno's Pizza and Pasta
5.11 Approve Renewal of 3.2 and Wine License for Noodles & Company
5.12 Approve Renewal of 3.2 and Wine License for Minne's Diner
5.13 Approve Renewal of 3.2 and Wine License for Hong Thai Restaurant
5.14 Approve Renewal of 3.2 Off-Sale Liquor License for Cub
5.15 Approve Renewal of 3.2 Off-Sale Liquor License for Super America
5.16 Approve Renewal of 3.2 Off-Sale Liquor License for Target Super Stores
5.17 Approve Renewal of 3.2 Off-Sale Liquor License for Holiday Station Store #307
5.18 Approval of Resolution No. 2014-01, A Resolution Providing Municipal Approval to the Issuance of a Minnesota Lawful Gambling Off-Site License to the Rogers Lions Club to Conduct a Raffle at the Rogers Community Room, Located at 21201 Memorial Drive, on Thursday, June 19, 2014
5.19 Appointment of John Feist to Captain 12 and Steve Morehead to Lieutenant 22
5.20 Approval of Resolution No. 2014-02, A Resolution to Approve Acceptance of Donations to Veteran's Memorial
5.21 Approval of Resolution No. 2014-03, A Resolution Authorizing its Officers to Sign and Execute the Cooperative Construction Agreement With MnDOT for the 101/ 144 Project
5.22 Approval of Acceptance of Donation from the Rogers Lion's
5.23 Approval to Accept Donation of an Automated External Defibrillator (AED) for the Rogers Activity Center
5.24 Acceptance of Muni Bathroom Vanity Donation
5.25 Approval of Cleaning Services Contract for Community Room
5.26 Approval of Minnesota Lawful Gambling Exempt Permit to Conduct a Raffle for the Full Choke, Ducks Unlimited on April 24, 2014 at The Wellstead (The Crown Room) located at 20500 S. Diamond Lake Rd.
5.27 Approval of Minnesota Lawful Gambling Exempt Permit for Knights of Columbus to Conduct Bingo at Mary Queen of Peace Church on Jan. 12, 2014, Feb. 9, 2014 and Mar. 9, 2014, located at 21304 Church Avenue, Rogers, Minnesota
5.28 Approval of Police Sergeant Salary Grade Adjustment
Ihli moved, Stanley seconded a motion to approve the consent agenda. Motion carried 5-0.
6. Public Hearings
7. General Business
7.01 Annual Appointment Process
Hall moved, Stanley seconded a motion to appoint Rick Ihli as acting Mayor. Motion carried 5-0.
Bunting read from the list of official depositories.
Ihli moved, Stanley seconded a motion naming the following official depositories for 2014: Wells Fargo Bank NA (City and EDA), Northland Securities, Citi Group/Smith Barney, ICD Securities, 4M Fund/PMA Financial Institution, Multi Bank Securities, U.S. Bank, First National Bank of Elk River, 21st Century Bank, Sterne Agee, RBC Capital Markets Corporation, UBS Financial Services, Inc., Community Investment Partners, and Central Bank. Motion carried 5-0.
Stanley moved, Ihli seconded a motion naming the City Attorney as Carson, Clelland, & Schreder; Jeff Carson and Bill Clelland. Motion carried 5-0.
Bunting moved, Hall seconded a motion naming Bret Weiss, WSB as City Engineer. Motion carried 5-0.
Stanley moved, Ihli seconded a motion naming Metro West Inspection Services Inc; Loren Kohnen as the Building Official. Motion carried 5-0.
Jakel moved, Stanley seconded a motion naming the North Crow River News as the City's Official Newspaper. Motion carried 5-0.
The following appointments were then discussed with a motion approving all:
• Ihli as the primary and Hall as the alternate to the Planning Commission.
• Stanley as primary and Bunting as alternate to the Park Board.
• Jakel as primary and Stanley as alternate to the Arena Commission.
• Bunting and Ihli as representatives to Rogers Fire Relief Assoc.
• Kevin Jullie as City Representative on the Elm Creek Watershed Commission.
• Stanley as primary and Hall as secondary to the Senior Advisory Board.
• Stanley and Ihli to the Liquor Commission with Jakel as an alternate.
• Ihli and Jakel to the Transportation Task Force with Hall as an alternate.
• Stanley as the primary and Bunting as the alternate to the Library Scoping Committee.
• Ihli as the primary and Stanley as the alternate to the School Diversity Committee.
• Bunting and Jakel to the Public Safety Task Force with Hall as an alternate.
Ihli moved, Stanley seconded a motion to approve the appointments as discussed.
Jakel asked if there should be a building committee for the public safety building construction.
Stahmer stated it is the Council's decision if they want to have a separate committee or to use the public safety task force.
Hall agrees that it should be separate from the public safety task force.
Motion carried 5-0.
Ihli moved, Stanley seconded a motion creating a Public Safety Building Oversight Taskforce with Hall and Jakel as representatives. Motion carried 5-0.
7.02 Sergeant Promotion Back Fill
Chief Beahen addressed the Council regarding the need to fill the vacancy created in the Sergeant position. Beahen spoke on the explosion event and the need for additional supervision during that event. Beahen recommended promoting Sarazin to Sergeant and ask for approval to backfill the officer position. Beahen provided Sarazin's back ground and history to Council and discussed keeping Sarazin in the schools through May with the COPS grant funding that is in place.
Beahen explored some ideas in providing supervisory coverage during the weekends.
In regard to the officer backfill, Beahen stated there is a candidate from the last process who is a licensed officer in another county and is seeking permission to move forward with the process.
Jakel stated he will leave it to his (Beahen's) expertise as far as backfilling supervisory positions and believes weekends would be covered with having Beahen and Miller available by phone.
Stanley agreed that Beahen and Miller should stay home during weekends.
Ihli agreed with the promotion of Sarazin.
Jakel moved, Hall seconded to approve the promotion of Sarazin to the Sergeant's position. Motion carried 5-0. Bunting stated Chief and Captain should stay home.
Bunting stated he would like to proceed with the hiring process.
Stanley moved, Ihli seconded a motion to proceed with the hiring process. Motion carried 5-0.
7.03 Approval of Contract with SRF for Downtown Planning
Administrator Stahmer stated that the contract from SRF which was distributed to the Council prior to the start of the meeting and reflects what was stated in the memo. Stahmer then read from his staff memo highlighting the following:
• City applied for and received a grant from Hennepin County to fund a planning effort for Downtown Rogers that will result in a Downtown Master Plan for Redevelopment.
• The plan is intended to help guide decision making on behalf of the City as it relates to redevelopment efforts/opportunities, and to help bring awareness of such opportunities to potential developers.
• Hennepin County will reimburse 75% of total costs up to a maximum of $37,500 in County funds, with the City required to pay the $12,500 matching funds, for a total grant-supported project of $50,000.
• The City's share of the cost will be paid from TIF #1 funds.
Stahmer stated four proposals were received and staff along with Council/Planning Commission representatives Rick Ihli and Dick Martin conducted interviews of the two finalists. The clear and unanimous choice of consultant was SRF Consulting. The City has worked with SRF in the past, primarily related to transportation planning/engineering. The project is planned to start in January and will include extensive collaboration of SRF staff, City staff, Council and Planning Commission as well as venues for public input (resident and business stakeholder meetings).
Stahmer stated the contract is written as a not to exceed $50,000 without City Council approval.
Jakel commented that the schedule is a little off; commenting that wintertime is not the best time to get public input – that input should be during the summer months. Jakel also questioned the timing of the study and asked if the material will be too dated when the funding for the project becomes available.
There was discussion between Council and staff regarding a long term downtown redevelopment plan and implementation strategy, right-of-way acquisition, property acquisitions, and possible TIF district in the future for the redevelopment.
Jakel commented on bringing resources together, transportation planning, downtown planning, and park planning. Jakel requested that SRF ease back on their timeline for the study. Stahmer stated he will work with them on the contract timeline.
Ihli commented on SRF being very organized.
Ihli moved, Jakel seconded a motion to approve the contract with SRF for downtown planning as presented; not to exceed $50,000. Motion carried 5-0.
7.04 Acceptance of $200 Anonymous Donation
Stahmer read from his memo and provided background on public works employee, David Tiemann, who received an anonymous $200 cash donation from a Rogers resident in appreciation for the snow removal by public works. Stahmer also noted that Tiemann is the employee who also won the MnDOT snow rodeo competition.
Council action would be to accept the funds and staff recommended allocating the funds to the Veterans Memorial fund.
Bunting commented that he would like the funds to be used for employee get-togethers or luncheons instead of the employees paying for those out of their own pockets.
Attorney Carson stated the funds should be deposited into the City's account.
Jakel moved, Stanley seconded a motion accepting the donation and to direct the funds to the Veterans Memorial fund. Motion carried 5-0.
7.05 Approval of Construction Management Contract – Police Dept. Authorization to Accept WSB Professional Services Proposal – Referendum
Stahmer read from his memo and a letter of recommendation from Tom Moorse regarding the selection of a Construction Manager, highlighting the following:
• The City of Rogers issued a Request for Proposal for Construction Manager on December 10th, 2013. Four firms responded to the RFP. Staff analyzed the proposals, and based on proposed fees, experience and knowledge of the Risk process, two of the firms were invited in for interviews; RJM and Adolfson Peterson (AP).
• Both firms have extensive construction experience and similar project management expertise, but RJM came out a clear leader in terms of what Rogers was looking for. The favoring factors included:
o Lowest overall pricing.
o Willingness to work with the City on cost-engineering and design.
o Recent experience in two neighboring communities on almost identical renovation projects. (City of Medina Public Works and Public Safety Building and Elk River Public Works Building). RJM staff assigned to Rogers would be the same individuals who just completed the Medina project.
o Previous experience on City of Rogers projects.
o Clear understanding of the Construction Manager at Risk process-in fact, RJM was the first construction management firm to work with a City to develop a CM at Risk contract. (City of Eden Prairie almost twenty years ago) Their understanding of the CM process relative to the new sales tax laws was superior.
Stahmer stated the staff recommendation is to approve RJM as the Construction Management Firm at Risk-for the construction of the new Public Safety Building.
Seifert commented on this being a good bidding climate.
Bunting asked about experience with RJM and asked if they can help with minimizing change orders - not spend more money than we have to.
Chief Beahen referenced the Medina Police Department project stating the change orders there were minor and the project still came in under budget.
Hall questioned what was in the budget for construction manager. Staff stated they believe it to be $120,000 to $125,000.
There was discussion between staff and Council on the types of contractors they will be looking for to complete the project.
Jakel moved, Stanley seconded a motion to approve RJM as the Construction Management Firm at Risk-for the construction of the new Public Safety Building; based on a $2 million project for a fee of $131,689. Motion carried 5-0.
8. Other Business
Mayor Bunting stated that Scott Weltzin is retiring at the end of the month as a long-time firefighter and he would like to acknowledge Scott and thank him for his service.
There was discussion about the firefighters doing a great job during the explosion at the Preserve and their work is very much appreciated by the Council.
Chief Feist stated there is a celebration of Scott's retirement on January 31st at 5:00 at the Muni.
9. Correspondence and Reports
9.01 December Police Report
9.02 Rogers Park Board Meeting Minutes
9.03 Elm Creek Watershed Management Commission Minutes
9.04 Purchase of WRT PT13 Pneumatic Roller
9.05 November 2013, Financial Reports
No action taken.
10. ADJOURN TO CLOSED SESSION FOR UNION NEGOTIATION DISCUSSION
Mayor Bunting adjourned to closed session at 8:09 p.m.
11. ADJOURN TO CLOSE SESSION FOR TH101/CSAH144 RIGHT-OF-WAY DISCUSSION
Council reconvened from the two closed sessions at 8:55 p.m.
Staff recommended authorizing the Mayor and City Administrator to execute the 2014-2016 LELS Contract with the Sergeants as presented in closed session.
Ihli moved, Stanley seconded a motion authorizing the execution of the LELS Contract with the Sergeants as presented in closed session. Motion carried 5-0.
Attorney Carson stated in closed session, staff has received direction from Council in regard to right-of-way negotiations for the County Road 144/Highway 101 project.
No action required.
Jakel moved, Ihli seconded a motion to adjourn at 8:56 p.m. Motion carried 5-0.
Assistant City Administrator/Clerk