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Announcements, Events, Recently Updated

1.    Call to Order.  The regular meeting of the Council of the City of Rogers was called to order by Mayor Grimm on Tuesday, October 27, 2009 at 7:00 p.m. at Rogers Community Center, 21201 Memorial Drive, Rogers, MN, 55374.

Council present:  Rob Bell, Jay Bunting, Jason Grimm, and Steve Rauenhorst.
Council excused:  Jamie Davis.

Staff present:  Jeff Carson, City Attorney; Stacy Doboszenski, Assistant City Administrator; Jeff Luther, Police Chief; John Seifert, Public Works Supt.; Steve Stahmer, City Administrator; Lisa Wieland, Finance Director; and Brett Weiss, City Engineer.

2.    Open Forum. 

3.    Presentations. 
       3.01 Donation to the Rogers Police Department
Dean Capps of the Rogers Community Law Enforcement Foundation presented medical bags to the City.  A smaller version of the previous bags was presented and four were donated to the Rogers Police Department along with one additional larger medical bag.

Grimm thanked Mr. Capps for the donation and clarified the dollar amount of the actual donation being $890.

Council thanked Mr. Capps for the donation.

Chief Luther explained the math error reported in the memo.  Luther thanked the Foundation for their donation and excellent work.

4.    Approve agenda.  None.

5.    Consent Agenda.
       5.01    Approval of Minutes from October 13, 2009 City Council Meeting and Minutes
                  from October 13, 2009 Workshop - Pulled by Rauenhorst
       5.02    Approval of Bills and Claims
       5.03    Approval of Minnesota Lawful Gambling Exempt Permit for Rogers Royals Booster
                  Club to Conduct a Raffle on February 16, 2010 at the Rogers Activity Center,
                  Located at 21080 141st Ave. N.
       5.04    Sausage Pond Quotes
       5.05    Storm Water Easement and Maintenance Agreement
       5.06    Approval of Resolution No. 2009-46, A Resolution Accepting the Grant and
                  Approving the Grant Contract from the Minnesota Institute of Public Health to
                  Conduct Alcohol and Underage Drinking Compliance Checks between August 1,
                  2009 and May 31, 2010.
       5.07    Set Budget Workshop for 5:30 p.m. on November 10, 2009 at Community Room
Motion by Bell, seconded by Bunting to approve the consent agenda less 5.01.  Motion carried 4-0.

5.01   Approval of Minutes from October 13, 2009 City Council Meeting and Minutes from October 13, 2009 Workshop
Rauenhorst stated he will abstain due to his absence from the meetings.

Motion by Bell, seconded by Bunting to approve 5.01.  Motion carried 3-0-1 with Rauenhorst abstaining.

6.    Public Hearings
      6.01 Public Hearing To Adopt The Proposed Assessment For Delinquent Sewer,
             Water, Recycling, And/Or Storm Water Service Charges
Doboszenski explained the annual process of certifying unpaid utility bills to the property taxes.  Doboszenski provided copies of a rejection to the assessment to the Council received from the property owner of the former Link Recreation building.  Doboszenski provided an explanation of the objection.

Motion by Bunting, seconded by Bell to open the public hearing at 7:08 p.m.
Council asked if anyone wishes to speak regarding delinquent water

Russell Salisbury, 19217 Harmony Avenue:
Mr. Salisbury addressed the Council and stated he wasn’t living in the property at the time the charged were incurred; he moved in August 15, 2009.
Doboszenski asked if Salisbury is seeking resolution to the charges through his title company.  Salisbury stated he is.

Utility Billing Clerk Kolles explained the current charges.

Grimm recalled having a similar situation last year and informed Salisbury that the City will go through with the certification process and asked Salisbury to try to work out a solution with the title company.  Grimm informed Salisbury if there is no resolution, then the Council will entertain him coming back.

Motion by Bunting, seconded by Bell to close the public hearing at 7:11 p.m.  Motion carried 4-0.

Motion by Rauenhorst, seconded by Bunting to approve Resolution No. 2009–47, A Resolution Adopting and Confirming Assessment for Delinquent Sewer and Water Service Charges (2009).  Motion carried 4-0.

7.    General Business
       7.01 (cont.) Utility Rate Study

Finance Director Wieland introduced Dave Callister of Ehlers and Associates and thanked staff, namely Darlene Kolles and John Seifert, for their input on the utility rate study.
Dave Callister provided a presentation on the Utility Rate Study being recommended for Council adoption and implementation.  Callister highlighted the following:
    • Conservation rates on water usage will be implemented; four tiers for residential and two
       tiers for commercial.
    • Sewer fund has an overall revenue increase of approximately 10%.
    • Storm sewer fund has kept the same rate structure. 
    • Each fund does have a capital plan included in the rate study.

Grimm updated the audience regarding the meeting held two weeks prior where a more extensive review of the rate study was taken by Council.  Grimm stated part of the future capital costs looking to be covered include a water treatment facility.  Grimm also stated the reserves are being built up for capital replacement items.
No other comments were made by Council.

Motion by Bunting, seconded by Rauenhorst a motion to adopt the recommendations contained in the Utility Rate Study prepared by Ehlers, directing staff to work with the City Attorney to draft amendments to existing ordinances (or create ordinances), to publish the changes in the official newspaper by no later than November 30, 2009 and to implement all rate changes effective January 1, 2010.  Motion carried 4-0.

       7.02  Discussion Regarding Adding Rogers Fire Relief Employees to City’s
               Work Comp  Insurance

Doboszenski explained the request by the Rogers Fire Relief Association to have the work comp insurance coverage added on the charitable gambling employees, a requirement from the State of Minnesota.  Doboszenski explained the City is already carrying liability and bonding coverage on the Relief Association.

Doboszenski explained the funding for payment can come from the charitable gambling account, which would just reduce the amount the City receives for the Fire Capital Equipment fund.
Stahmer explained the City may want to take a more proactive role in the employees of the Relief Association given the City covering their insurance.

Motion by Bunting, seconded by Rauenhorst to accept the recommendation in the staff memo; to add the Rogers Fire Relief Association employees to the City’s worker’s compensation insurance, with the fire capital outlay fund (fund 403) as the funding source for the insurance premiums.

There was discussion on what the intention of the motion was for payment to be made by the City or by the Relief Association.  The motion was not amended.  Motion carried 4-0.
       7.03 Weber Property Pole Barn Construction
Administrator Stahmer addressed the Council regarding the Weber pole barn construction and handed a memo out to council detailing the issue surrounding the construction.

Stahmer reviewed some of the points illustrated in the memo primarily the rezoning of the property to R2 and what is allowed in the R2 zoning district.  Stahmer stated it is staff’s intent to allow the construction to move forward while still being in-line with City Code.  Stahmer referenced a section from city code that allows the continued agricultural use, as long as the use is not intensified.

Stahmer stated the review process is similar to a regular building permit review, but does not require fee payment as an agricultural building.
Staff is recommending, given the ongoing farming operations occurring, allow the building permit through the administrative review process.
Stahmer stated no action is necessary by Council as long as they are in favor of the staff review.
Bunting asked if there are similar properties annexed in this situation.  Staff and Council discussed the Stone’s Throw properties.

Attorney Carson provided review on the code and the meaning of intensification of use.
Council concurred with the staff’s recommendation.

       7.04 Joint Rogers/Hassan Annexation Committee
Grimm stated Council asked staff to put together a committee at the last meeting, but feels the task force as described in the Orderly Annexation Agreement (OAA), meets those needs and has already been established.

Stahmer stated in referring to the committee as described in the orderly annexation agreement, it appears that at one point a separate committee of resident appointees has also stopped meeting.

Stahmer stated the reason this is back before the Council is to determine whether there is a need for two separate committees, or should the committee function as the OAA intended.

Rauenhorst does recall setting the OAA committee and believes Maureen Stanley was one of the appointees.
Council stated the committee was established in 2007 by the former council.

Council directed staff to approach the individuals listed in minutes as the appointees and see if they are still interested in serving on the committee. 

Council consensus was to move forward with a single committee and see if prior appointees are still interested.
Grimm stated as per the OAA, this committee meets until the merger happens.

       7.05 Transportation Workshop Update
Engineer Weiss stated this is being moved to the next meeting.

       7.06 Budget Workshop Update – Enterprise Funds
Council provided the audience with an update on the enterprise funds budget workshop that was held prior to the council meeting where all enterprise fund budgets were discussed.  Water, sewer, storm water, and liquor funds were discussed.

Wieland stated all enterprise fund budgets are flat with Capital items being looked at.  Wieland stated the results of the Utility Rate Study were incorporated into the proposed budgets. 
Grimm stated one large item the City is looking into is purchasing a sewer jetter truck to clean our own sewers.

No formal action taken.

       7.07 Update Award of Edgewater Project Completion Contract
Engineer Weiss stated the award was contingent upon the $290,000 receipt of funds by October 23, 2009.   Weiss stated the general release agreement executed with Lexon, however the funds have not be received.  Weiss recommended Council remove the date of the contingency and state it is simply contingent upon receipt of funds without a date.  Weiss stated the contractor will extend prices into next year.

Attorney Carson stated the email this afternoon indicates the funds will be wired and are expected tomorrow.

Bell asked if anything was received in writing.
Administrator Stahmer stated the general release agreement was signed and forwarded back to Lexon.

Weiss stated staff will be holding a pre-con this year and get as much work done as possible.

Motion by Bell, seconded by Bunting to award the contract contingent upon receipt of funds from Lexon, without a specific date.  Motion carried 4-0.

       7.08 Requested Temporary Road Closure of Lynch, Marie, and Hollyhock for
               Neighborhood Halloween Parade

Seifert addressed the Council on the request to close the loop road of Lynch, Marie, and Hollyhock on October 31, 2009 from 3:30 p.m. to 4:30 p.m. for a Halloween parade.  Given Council approval a work order will be scheduled to put up and remove barriers.

Motion by Bunting, seconded by Rauenhorst to approve the request for temporary road closure.  Motion carried 4-0.

8.    Other Business.  None.

9.    Correspondence and Reports

10.  Adjourn to closed session to discuss Stanton/Shamrock purchase agreement –
       Reconvene to open meeting

Motion by Bunting, seconded by Bell to adjourn to closed session at 7:47 p.m.  Motion carried 4-0.

       10.01 Park Property Purchase – Stanton/Shamrock
Motion by Bunting, seconded by Bell to reconvene at 7:56 p.m.  Motion carried 4-0.

In closed session Council and staff discussed the potential purchase agreement with Stanton/Shamrock Development.  The status of the purchase is status quo; staff is still in negotiations with the developer.  No further update given.

11.  Adjourn
Motion by Bunting, seconded by Bell to adjourn at 7:57 p.m.  Motion carried 4-0.

Respectfully submitted,
Stacy Doboszenski
Assistant City Administrator/Clerk

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