1. Call to Order. The regular meeting of the Council of the City of Rogers was called to order by Mayor Ihli on Tuesday, October 13, 2015 at 7:00 p.m. at Rogers Community Center, 21201 Memorial Drive, Rogers, MN, 55374.
Council present: Mark Eiden, Bruce Gorecki, Don Hall, Rick Ihli, and Darren Jakel.
Staff present: Jeff Beahen, Police Chief; Gary Buysse, Liquor Operations Manager; Sheila Cartney, City Planner; Lisa Herbert, Finance Director; Stacy Scharber, Assistant City Administrator; John Seifert, Public Works Supt.; Steve Stahmer, City Administrator; and Bret Weiss, City Engineer.
2. Open Forum
3.01 Park and Rogers Fire Auxiliary Donations by Thorpe Distributing Co.
Seifert introduced Mark Kramer of Thorpe who presented the City with a $500 check for the City and a $500 check for the Auxiliary. Seifert explained that Scott Weltzin organized the disassembly of Shadow Wood Park with the manual labor of members of the Auxiliary.
Kramer presented the Mayor and Wes Gedatus of the Auxiliary with their respective checks and posed for pictures.
Gorecki commented on the work Kramer has done with both the Lions Club and as an employee of Thorpe stating they are an exceptional company to have within the City.
4. Approve Agenda
Jakel added 8.01.
Ihli added 8.02 and 8.03.
5. Consent Agenda
5.01 Approval of Minutes from September 22, 2015 City Council Meeting
5.02 Approval of Bills and Claims
5.03 Approval of Resolution No. 2015-79, 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 Sunday, December 6, 2015
5.04 Approval of Individual Massage Therapy Licenses (Massage Envy)
5.05 Authorize Purchase of Chip-Enabled Card Readers – EMV Technology
5.06 Hennepin County Pictometry Usage Agreement
5.07 Approval of Resolution No. 2015-80, A Resolution Granting Final Plat Approval of Rouillard Estates Second Addition
5.08 Approval of ASCAP Music License
5.09 Authorize Advertisement of Notice of Intent to Franchise
5.10 Approval of Acceptance of Park and Rogers Fire Auxiliary Donations by Thorpe Distributing Co.
5.11 Approval of Final Pay Application for the 400,000 Gallon Water Tower
5.12 Authorization to Install Civic Signs Pending Executed Sign Agreement from Private Property Owners
5.13 Authorize Execution of an Access Easement for the Future Extension of Rachael Drive
5.14 Approval of a One Day Temporary On-Sale Liquor License for the Rogers Lions Club, for Sunday, October 25, 2015 for Booya Event
5.15 Request to Rescind the Home Occupation License for Richard Martin, 25065 Hassan Parkway
Hall moved, Gorecki seconded a motion to approve the consent agenda. Motion carried 5-0.
6. Public Hearings
7. General Business
7.01 Authorization to Hire Kyle Wells as the Permit/GIS Technician
Seifert provided background on Kyle Wells and explained the position of Permit/GIS Technician. Scharber added that Wells comes highly recommended by both present and former employers.
Gorecki moved, Jakel seconded a motion authorizing the hire of Kyle Wells as the Permit/GIS Technician. Motion carried 5-0.
7.02 Approval of Resolution No. 2015-81, A Resolution Granting Site Plan Review for the Berm/Screen at Preserve at Commerce Apartments
Planner Cartney provided history of the alternative heat source and explosion of the Commerce Apartments and presented the design for the berm with screening provided by Bigos Management.
Ihli asked Chief Feist if he believes the screening will be functional. Feist stated yes and explained the process to date for the proposed berm.
Ihli asked if the property owner, who experienced damage to his home, has been contacted. Stahmer stated the Deputy Clerk did leave a message last week.
Jakel, Hall seconded a motion to adopt resolution 2015-81 A Resolution Granting Site Plan Review for the Berm/Screen at Preserve at Commerce Apartments. Motion carried 5-0.
7.03 Accept Recommendations for Constructing Well 9 and Approve a Proposal for Engineering Services to Design Well No. 9 and Pumphouse No. 5 Improvements
Engineer Weiss provided a PowerPoint presentation on final design services for Well No. 9. Weiss recommended doing the first phase for engineering services and design.
Jakel questioned access to the new well site. Weiss explained access is proposed off County Road 81.
Weiss further explained the cost range of Well No. 9 being $250,000 to $650,000 completed. Council and staff discussed the cost range and Weiss explained it is dependent on how fast the City will grow.
Hall moved, Jakel seconded a motion to approve the proposal for engineering services to design Well No. 9 as presented. Motion carried 5-0.
7.04 Authorization to Purchase iPads, a Data 911 Computer, and Software for the Rogers Fire Department
Chief Feist provided a PowerPoint presentation on the iPad project and Data 911 computer. Feist provided demonstration of active 911 app to be installed on the recommended iPads.
Jakel asked if the hydrant tracking could be used by other departments; public works for hydrant flushing. Staff stated they haven’t had that discussion. Feist proceeded through the presentation highlighting the benefits of the Active 911 app.
Gorecki asked if multiple departments are responding to a call, do they all see the same thing. Feist explained that mutual aid routes will show on the screen once it comes across Active 911.
Ihli stated Public Safety is a big ticket with the Council and very important to give Police and Fire the tools to be safe.
Jakel stated this appears to be a better option and cheaper option for the City.
Eiden asked what Hennepin County’s recommendation is. Feist stated they are recommending Data 911 pc’s which is being recommended for purchase for the inspector’s vehicle.
Feist stated the 2015 Fire Department budget is $26,159 to fund purchasing and installation of the iPads and a Data911 PC in fire department vehicles. The project has come in under budget.
Jakel moved, Eiden seconded a motion to approve the purchase of iPads, Data911 PC, and Software for the Rogers Fire Department. Motion carried 5-0.
7.05 Request to Purchase a Replacement Squad Car for the 2010 Ford Explorer
Chief Beahen provided clarity to Eiden’s question regarding MDC’s in public safety vehicles. Beahen explained the requirements for police versus fire. Beahen stated Hennepin County is making changes to CAD and it may cost the City dollars in 2016, however it is still an unknown at this point.
Beahen then proceeded through his presentation on the request for a squad. Beahen said he did a survey and learned that the average cost for a marked car being spent by police departments is $69,000 and $53,000 for an unmarked. Beahen stated Plymouth PD budgets $73,000 per marked squad; the proposal tonight is for $45,000 for the Chief’s unmarked squad.
Beahen then identified recent mechanical issues he has been experiencing with his squad and stated he does not think the squad will make it until May, when we would take delivery off of the next state contract.
Beahen also discussed the quote received from the out of state vendor in Texas and expressed his concerns with warranty issues when purchasing a vehicle from Texas.
Hall stated that buying locally is better and time is of the essence.
Hall moved to authorize the purchase of a new squad from Nelson Auto Center to be equipped by HealthEast. Purchase would include the vehicle, equipment and installation of the emergency equipment, funding source Fund 400, with future reimbursement by the proposed 2016-2017 Equipment Certificate.
Jim Kelley and Councilor Eiden both questioned bullet proofing the doors on the proposed squad. The Chief stated that ballistic panels can be retro-fitted.
There was a discussion on how many squads are in the next proposed equipment certificate. Staff stated one additional vehicle besides the one being requested tonight.
Gorecki seconded to motion made by Hall. Motion carried 5-0.
7.06 Discussion on IGA with the City of Dayton/French Lake Industrial Park
Stahmer provided an update on the progress of the Inter-Governmental Agreement (IGA) since it was last discussed. Stahmer stated that Jakel and Eiden have been kept up to speed on the negotiations with Dayton and have been involved in several meetings. Stahmer provided a copy of the proposed Joint Powers Agreement/IGA to the Council for discussion.
Stahmer stated there is 1.9 million square feet of development being proposed along the east side of Brockton Lane, with 90% of the development lying in the City of Dayton. The development is needing access to Brockton Lane in Rogers with an extension of the Rogers Drive intersection to the east. Liberty Property Trust is the developer and is going through the planning process with both Dayton and Rogers. Stahmer stated it becomes complicated given the two cities and developer involved.
Stahmer proceeded through the draft JPA highlighting and discussing the following sections:
• Line 4: Rogers Drive/Brockton Lane intersection. Stahmer discussed the concept of allowing 1/3 of the 50% share from the developer to be paid in cash with the remaining portion to be assessed to the parcels within Rogers. Stahmer clarified that this concept has not been discussed yet with finance.
• Stahmer proceeded through Line 4 (b) dealing with future intersection improvements and the possible addition of a second left turn lane from northbound Brockton to westbound Rogers Drive.
Eiden questioned this item, asking what if at the time the study shows that the second left turn lane is needed and West French Lake Drive (WFLD) is proposed, do both have to happen. Staff stated if West French Lake Drive is delivered, then it will reduce the need for the second left turn lane on Brockton.
• Stahmer proceeded to Line 7; Brockton Lane four lane from Rogers Drive to CSAH 81. The corridor study is being prepared by SRF and the parties are agreeing to 1/3 payment by Dayton, 1/3 payment by Rogers, and the remaining 1/3 by Hennepin County.
• Line 9; Brockton Lane/CSAH 81/CSAH 13 intersection. Stahmer stated the $800,000 from Hennepin County can only be used for right-of-way acquisition and temporary construction easements. Staff and Council discussed the content of line 9.
• Line 10; either West French Lake Drive or improvements to Brockton Lane. Staff explained the details of line 10 and Weiss clarified the triggers for the necessary improvements.
Staff asked Council for questions on the proposed JPA.
Eiden asked if line 12 should state the year 2014 and 2015. Staff believes it is intended to state 2014 since that is the year of the funding. Staff will clarify with Dayton.
Gorecki questioned line 10. If Dayton buildings WFLD, then they have no responsibility to a four lane project at Brockton. Weiss stated that is correct, because their development would take pressure away from Brockton Lane.
Council questioned if there should be a sunset clause. Staff stated the triggers in line 10 would come into play.
Gorecki asked Carson his thoughts on the document. Carson stated there needs to be some clarity to the document.
There was continued discussion on line 10.
Jakel asked if the dollar amount in 4 (b) will be an estimate. Weiss stated we need to lock in a number.
Jakel then questioned the last line in 4 (a). Assessing the Liberty property for the amount not paid in cash. There was discussion about the City funding the improvement with an assessment back to the benefiting property.
Rick Weiblen from Liberty commented on the full intersection being improved now with an explanation of why an assessment is being requested.
Jakel questioned the last line of item 9. Staff provided explanation.
Ihli stated that Liberty has been a great partner, we all want to see this move forward and happen, but not spend a penny more than our fair share.
Eiden agreed that we need to keep the partnership going.
Stahmer stated he feels we are as close as we are going to get on this. Stahmer suggested considering approval of the agreement in concept and authorize the execution of final language prepared by the attorneys and not substantive changes along with the necessary exhibits; approval with the ability to tweak non-substantive language. Any substantive changes at all would mean bringing it back to the Council.
Gorecki asked Jakel and Eiden if they feel the same way as Stahmer about the agreement.
Eiden stated it is as close as we have been. Eiden stated Rogers still has more skin in the game, but to keep the partnership together, and encourage it further, it has that value. Eiden stated it is the right agreement right now.
Jakel stated it is close and asked for the Finance Director to be able to weigh in on the agreement dealing with future expenditures. Jakel stated this is good for both communities. Conceptually it is there. Jakel would like finance review and review of the exhibits.
Hall agrees there has been a lot of hard work done on this. Hall stated it is best that Rogers is the leader. Hall does not have a problem with moving forward.
Scharber suggested adding this to Monday’s meeting that is going to be called, and have Council review it again Monday.
Stahmer asked if they are willing to approve in concept.
Council discussed approving in principal with final language to come back to the Council for formal approval. Staff and Council discussed if there will be enough time to get questions answered and finance review by Monday.
Eiden stated it is important to send a positive message that we agree in principal, anything substantive will come back and it will be reviewed on Monday.
Jakel agreed that we need to continue good partnerships.
Seifert commented on the proposed utility agreement and the influx of revenue with an ultimate build.
Stahmer commented on the process taking over a year from the time we first sat down. Stahmer stated Rogers has been accused of moving of the goal posts as negotiations went on. Stahmer stated on our side of the table, we have been attempting to keep the deal together. Stahmer commented on needing to balance out the investment cost on both sides of the road and not subsidizing the other side.
Eiden stated Rogers was responding to changing conditions.
Jakel moved, Eiden seconded a motion to agree to the terms in concept as discussed, with review on Monday night. Motion carried 5-0.
8. Other Business
8.01 Pedestrian Crossing
Jakel spoke on a second I94 pedestrian crossing still having merit and also requested fencing on the Highway 101 pedestrian crossing as he believes it was an oversight in the Highway 101project.
Seifert stated that staff has made contact with John Griffith (MnDOT), and he is looking into these two items. First the fencing, then a potential crossing.
8.02 Setting a Special Meeting and Budget Workshop
Mayor Ihli asked for a motion setting a budget workshop and special meeting for Monday, October 19th.
Jakel moved, Gorecki seconded a motion to set a budget workshop immediately following a special meeting of the City Council on Monday, October 19, 2015 at the Rogers Police Department, 21860 Industrial Court. Motion carried 5-0.
Jakel moved, Hall seconded a motion to set a special meeting of the City Council for Monday, October 19th at 6:00 p.m. at the Rogers Police Department, 21860 Industrial Court. Motion carried 5-0.
8.03 Canceling the October 27th Work Session
Jakel moved, Eiden seconded a motion to cancel the regularly scheduled work session for Tuesday, October 27, 2015. Motion carried 5-0.
9. Correspondence and Reports
9.01 September Police Report
9.02 Driver Feedback Signs
No action taken.
Mayor Ihli adjourned the meeting at 9:08 p.m.
Assistant City Administrator/Clerk