1. Call to Order. The regular meeting of the Council of the City of Rogers was called to order by Acting Mayor Ihli on Tuesday, February 11, 2014 at 7:00 p.m. at Rogers Community Center, 21201 Memorial Drive, Rogers, MN, 55374.

Council present: Don Hall, Rick Ihli, Darren Jakel, and Maureen Stanley.
Member excused: Jay Bunting

Staff present: Jeff Beahen, Police Chief; Brad Feist, Fire Chief; Jeff Carson, City Attorney; Sheila Cartney, City Planner/Econ. Develop. Coord; 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
None.

3. Presentations
3.01 Accept Donation from UniTech Contractors
Public Works Supt. Seifert introduced Michael Vetter from UniTech Contractors, a local AV company. Seifert provided background regarding Vetter and the work he has done for the community. Seifert then stated the new podium was donated by UniTech and illustrated the features podium. Seifert stated Vetter also did installation of an AV system in the fire department workout room.

Council thanked Vetter/UniTech for their donations.

4. Approve Agenda
8.01 Solar Power discussion under Other Business

5. Consent Agenda
5.01 Approval of Minutes from January 28, 2014 City Council Meeting
5.02 Approval of Bills and Claims
5.03 Approval of Resolution No. 2014-05, A Resolution Hiring Blake Neumann as a Full Time Police Officer - Effective Feb. 17th
5.04 Approval of Resolution No. 2014-06, A Resolution Certifying Public Employee Retirement Association Police Officer Declaration – Blake Neumann
5.05 Authorization to Waive Partial Permit Fees Related to Police Department Building
5.06 Approval of Resolution No. 2014-07, A Resolution Declaring May 17, 2014 as the Rogers Clean-Up Day
5.07 Authorize Signature of Signal Agreement with MNDOT for 144/101 and Approval of Resolution No. 2014-08, A Resolution Approving a Traffic Control Signal and Roadway Lighting Maintenance Agreement with Hennepin County
5.08 Approval of Resolution No. 2014-09, A Resolution Accepting Donation from UniTech
5.09 Items Relating to the Hennepin County Youth Sports Grant Program Funds:
• Authorization to Execute Contract A132341 North Community Park Lighting and Shelter City of Rogers
• Authorization to Execute Contract A132361 City of Rogers Soccer Goals, Nets and Training Aids at Rogers High School
5.10 Approval of Well #4 Inspections and Rebuild Professional Services Proposal
5.11 Rogers Community Room Policy Changes 2014
5.12 Approve AIA Contract with RJM Construction Management for Police Dept.
Jakel moved, Stanley seconded a motion to approve the consent agenda. Motion carried 4-0.

6. Public Hearings
None.

7. General Business
7.01 Approval of Resolution No. 2014-10, A Resolution Providing for the Sale of $2,500,000 General Obligation Capital Improvement Bonds and $965,000 General Obligation Equipment Certificates as the $3,465,000 G.O. Bonds, Series 2014A
Finance Director Wieland addressed the Council on the sale of the $3,465,000 general obligation bonds. Wieland provided background information on the sale documents. Wieland provided the details of the three separate components of the bond issue; equipment certificate funds, fire truck capital equipment, and the police station build-out. Wieland informed the Council of a new bond rating received from Standard and Poors; AA+ stable outlook, which is one step away from a AAA rating - the best that can be received. Wieland stated this is an increase from our former bond rating by Moody's. Wieland briefly reviewed the statement received from Standard and Poors that was issued along with the bond rating. Wieland then read from her memo, highlighting the following:
• Good news for the City of Rogers and a direct reflection upon this Council and past Rogers Council's for their effort and fortitude in securely managing the City's finances and assets.
• The Senior Management team has also played a large part in the financial health of the community through their careful financial budgeting & capital planning recommendations to the City Council and through their conservative management of the City's financial resources within their departments.
• City Council and staff have had a proven track record and continued display of solid fiduciary responsibility, as well as, dedication and commitment, to being fiscally responsible in providing high quality services with taxing stability within the community.

Wieland introduced Jason Aarsvold from Ehlers and Associates to cover the bond sale that occurred earlier today. Aarsvold stated since 2005, the City has received three separate upgrades in their rating, Aarsvold provided the City with a framed bond certificate. Acting Mayor Ihli and Finance Director Wieland received the upgraded rating certificate from Ehlers. Aarsvold continued stating this is a nice accomplishment for the City; AAA is difficult to achieve for a growth community. Aarsvold stated the upgraded rating results in a $27,000 savings over the life of the bond. Aarsvold stated six bids were received with a true interest cost range of 2.68% to 2.886%. Aarsvold noted the bid came with a premium; extra cash provided for an adjusted rate. Aarsvold stated that a decision needed to be made on what to do with the premium dollars.

Wieland stated the premium amount was approximately $170,000. Because of the timing of the decision that needed to be made with the premium dollars, Administrator Stahmer, Wieland, along with the bond consultants decided to reduce the amount of the bond by $40,000 and retained approximately $125,000 to use to repay the general fund reserves for the cost of the purchase. Wieland then reviewed the bond payment amounts for each component of the bond. Wieland stated there is no expected increase in the levy to pay for any of the bonds issued. Wieland stated staff is looking for approval of the resolution.

Ihli thanked Wieland and staff for a great job. Wieland gave Stahmer congratulations on his work in the bond rating. Stahmer stated it's a reflection of many years and previous council's work. Stahmer also thanked Wieland for her work in preparing for the rating call. Hall thanked Wieland for her work in the bond rating. Jakel and Stanley also commended Wieland and staff for going a good job.

Stanley moved, Hall seconded a motion adopting Resolution No. 2014 – 10, A Resolution Providing for the Sale of $3,420,000 General Obligation Bonds, Series 2014A Fixing their Form and Specifications; Directing Their Execution and Delivery; and Providing for their Payment.
Motion carried 4-0.

7.02 Consideration of Concept Review Vincent Real Estate Advisors, LLC
Planner Cartney stated this item is before the Council a second time. The request is for high density, with 216 units consisting of 9 buildings having 24 units in each. The units proposed are two to three bedroom units. The revised concept plan is for apartment style buildings with underground parking. Cartney stated this is a high density project with 16.41 units per acre and would require a comprehensive plan amendment. As requested, sample building elevations were included with materials consisting of synthetic stone and stucco material. If the Council is comfortable with this type of density, then staff is recommending the property be rezoned to a PUD and proceed with the comp plan amendment and plat. The applicant stated there would be one management company or a homeowners association to manage the property. Cartney stated the Engineer has updated his memo based on the revised concept plan and Hennepin County has reviewed access stating a turn lane would be needed on County Road 81 with access being County Road 81.

Ihli stated he has several concerns. Ihli stated there were initially 192 units and now they are proposing 216. Initially it was townhomes, and now they are proposing apartments. Ihli also expressed concern of traffic entering/exiting onto County Road 81.

Hall stated concerns were raised two weeks ago and he is a little bit surprised in what was received; another drawing that has an increase in numbers. Traffic, access, ownership concerns. Council keeps getting back things that are different than what was submitted to the Planning Commission. Keep on getting different concepts. Hall encouraged the developers to determine what they really want for a product and bring it forward to the Planning Commission.

Stahmer pointed out the staff recommendation that is noted in the staff memo, not seeking a formal motion. Stahmer stated that anything would have to go back to the Planning Commission for their action and recommendation. The action tonight is to throw everything on the table that the applicant should take into account and bring formal application to the Planning Commission.

Jakel commented on the request for higher density stating it is a concern. Stanley also addressed a concern over the higher density. Jakel reiterated concerns regarding safety with the traffic on County Road 81.

Chief Feist addressed the Council stating it is hard for the fire department to comment on the concept plan without an actual plan set in place.

Chief Beahen commented on the traffic accidents related to the Preserve at Commerce apartments stating there are not any accidents at that location. Beahen continued to address traffic concerns.

Brian Reiner, Vincent Asset Management group in Eden Prairie as the applicant then addressed the Council. Reiner stated the reason it switched from townhome to apartment is to allow for the underground parking. Reiner stated it is geared more toward safety. Reiner stated he realizes this is only concept plan and knows they need to go through the whole process. The applicant continued to discuss the project with Council.

Jakel questioned if there would be an onsite manager. Reiner stated yes; onsite at all times.

The applicant and Council discussed the proposed parking; the applicant stating they are at 2+ spaces per unit now with parking.

Ihli reiterated that he believes the density is too high for that area.

Stahmer restated the density per acre and stated the City is required by Met Council to try to maintain a 3 unit per acre density. We have areas in the City that are less. In order to have the R-2 density, you need a mix of housing that is higher density.

Roger Johnson, LeMar Estates HOA Secretary. Mr. Johnson stated he is speaking on behalf of the residents of LeMar Estates. In talking to them, there is considerable opposition to the density being requested. Johnson stated they are not opposed to the development and understands that we are a growing City. The concern is the increase of density in the 10 to 20 range and the problems it can create. Johnson also spoke on the traffic concern and the difficulty the residents of LeMar Estates have when trying to access County Road 81 off of Fletcher Lane. Johnson stated the residents want to go on record to state they are open to development, but think the mid-density design is more than adequate to develop the property.

Gerry Ketter, 12475 Fletcher Lane. Ketter stated she agrees with everything said and stated that County Road 81 is very difficult to access.

Ihli asked if the applicant had any more questions for Council.

Reiner addressed the Council regarding the traffic issue and stated the interior roads are currently set up to be private roads.

There was continued discussion between Council and the applicant regarding the density, parking, and traffic.

Staff stated that no action is requested to be taken by Council and stated the applicant will need to go through the Planning Commission.

Dwight Erickson, 12475 Fletcher Lane. Mr. Erickson stated his mother donated this land to Highpoint Church. Erickson asked that the development gets done right. He stated it seems to be a good plan and the big concern is traffic. Erickson stated he is just requesting that the Council do it right.

Cartney stated if they are looking at higher density there would be a comp plan amendment and asked if that is something the applicant should be proceeding with. Stahmer stated his understanding is the Council would not approve a comp plan amendment without the PUD. Cartney restated the comp plan amendment will come forward along with the PUD application.

There was continued discussion on what the right density number is for the property.

Jakel asked the applicant to have it laid out nice so it fits in the property well.

Ihli asked what the proposed height is. Reiner stated 35 feet and commented that most of the trees on the property that would surround the buildings are higher than 35 feet.

There was continued discussion with applicant regarding the density and traffic concerns.

The applicant stated he will work with Carney on a density in the 180 to 190 range and present a project.

No formal action was taken.

7.03 Direction on Drafting a Smoke Shop Ordinance
Planner Cartney provided background on the licensing of tobacco through Hennepin County and the County does not allow or permit smoking lounges or hookah lounges, if the application to them is presented that way. However, the County does allow for sampling. Cartney noted that Hennepin County is trying to eliminate electronic cigarettes.

Cartney stated that if the City took over the tobacco ordinance, then the City would be responsible for licensing and compliance checks. Cartney stated the issue with the existing ordinance is sampling. If we do our own ordinance then we can regulate sampling. Cartney stated with smoking lounges, it turns the use from a retail space into an assembly space which has fire code issues.

Ihli and Hall expressed concern over sampling and hookah lounges. Hall encouraged the City to do something to regulate the sampling. Jakel concurred.

There was discussion among staff and Attorney Carson on how to regulate just the sampling through zoning or through an ordinance.

Staff was directed to research regulations on sampling through City ordinance.

No formal action was taken.

7.04 Presentation and Authorization to Bid by RJM on Police Building
Administrator Stahmer invited Tom Moorse to provide an update on the police building. Moorse stated the drawings are done and ready to go for bid in a couple weeks. Moorse stated RJM confirming designs that were being made with mechanical equipment an budgets. Moorse stated we are pretty close or right on budget with where ti it currently stands.

Staff stated tonight we would be seeking authorization for staff and RJM to go out for bids.

Chief Beahen addressed the Council regarding the current budget and project. Beahen reviewed the revisions/concessions that have been made and provided the savings associated with those. Staff stated the per square foot goal is to get between $18 and $19.

Stahmer stated with the bond premium received and anticipated lower bids, it may give flexibility to do five or six of the add/alternates being bid.

Seifert then addressed the Council on the generator. Seifert stated that he has located a used/reconditioned generator at significant savings to the City. Seifert provided specifics on the generator stating in 2005 the unit brand new was $56,000. The used unit is in the $25,000 range. Stahmer stated the funding source would be fund 400.

Jakel moved, Hall seconded a motion to purchase the reconditioned generator as presented from fund 400. Motion carried 4-0.

Council asked Moorse for a project timeline. Moorse stated he is hoping to issue drawings to RJM on February 24th and RJM is looking for a couple weeks to bid the project. Moorse stated the project is to be completed by mid-August.

Ihli moved, Stanley seconded a motion to accept plans and authorize advertisement for bids/quotes for the public safety building renovation project. Motion carried 4-0.

8. Other Business
8.01 Solar Power - Seifert
Seifert stated he is seeking the reaffirmation of the Council's position from March 2013 where the City authorized MN solar grants coupled with an incentive from Xcel on City buildings; community room, fire station, RAC and RWAS. Seifert stated the grant needs to be resubmitted by February 20th.

Council consensus was to submit for the sites listed.

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

10. Adjourn to Closed Session for the TH101/CSAH 144 Right-of-Way Discussion – Reconvene to Open Meeting
Acting Mayor Ihli stated that this closed session will not be held.

11. Adjourn to Closed Session for Administrator's Annual Performance Review – Reconvene to Open Meeting
Acting Mayor Ihli adjourned the meeting to closed session at 8:50 p.m.

Council reconvened at 9:20 p.m.
Attorney Carson stated the closed session was to perform the performance review of Administrator Stahmer, stating it was a positive review.

Jakel moved, Stanley seconded a motion to adjourn at 9:20 p.m. Motion carried 4-0.

Respectfully submitted,

Stacy Scharber
Assistant City Administrator/Clerk

Members

Jay Bunting
Mayor
Darren Jakel
City Council
Don Hall
City Council
Maureen Stanley
City Council
Rick Ihli
City Council

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