1. Call to Order. The regular meeting of the Council of the City of Rogers was called to order by Mayor Bunting on Tuesday, April 8, 2014 at 7:00 p.m. at Rogers Community Center, 21201 Memorial Drive, Rogers, MN, 55374.
Council present: Jay Bunting, Rick Ihli, and Maureen Stanley.
Council excused: Don Hall and Darren Jakel.
Staff present: Jeff Beahen, Police Chief; Gary Buysse, Liquor Operations Manager; Brad Feist, Fire Chief; Sheila Cartney, City Planner/Econ. Develop. Coord; Stacy Scharber, Assistant City Administrator; John Seifert, Public Works Supt.; Bret Weiss, City Engineer; and Lisa Wieland, Finance Director.
2. Open Forum
3.01 Presentation by Claudia Dumont, MnDOT, on the I-94 Corridors of Commerce Project
Engineer Weiss introduced Claudia Dumont and stated her presentation is tied to the master utility agreement (item 7.05) that could be added to consent agenda if the Council chooses.
Ms. Dumont addressed the Council and provided background and information on the project known as the I94 Corridors of Commerce project and stated the public hearing for the project is set for April 22nd. Ms. Dumont then gave a PowerPoint presentation highlighting the following:
• Traffic modeling
• Eastbound will be three lanes from 241 (St. Michael) to 101 (Rogers)
• Westbound will be three lanes starting from Cabela's to 241
• Noise wall along the residential area (Northridge Townhomes)
• Fix Fox Creek drainage
• Construction complete by fall 2015
Council thanked Ms. Dumont for her presentation.
Public Works Supt. Seifert then addressed the Council and stated the utility agreement is to cover the water and sewer crossings.
4. Approve Agenda
The agenda was set as submitted.
5. Consent Agenda
5.01 Approval of Minutes from March 25, 2014 City Council Meeting
5.02 Approval of Bills and Claims
5.03 Approval of Minnesota Lawful Gambling Permit to Conduct Excluded Bingo for Rogers-Hassan Senior Friendship Group, Inc. for Bingo on Aug. 18, 2014 and Nov. 17, 2014 at Rogers Community Room, located at 21201 Memorial Drive
5.04 Proposal to Provide Professional Engineering Services for the Siting of Well No. 9, Test Well Drilling, Test Well Pumping, and Pumping Test Analysis
5.05 Notice of Appointment of an Assistant Weed Inspector 2014
5.06 Authorization to Purchase Granite Pavers for Veteran's Memorial
5.07 Movie in the Parks - Equipment Purchase
5.08 Approval of the Developers Agreement for ALS Properties Carefree Self Storage Rogers
5.09 Items Relating to Diamond Pointe of Rogers, LLC
• Approval of the Developers Agreement for Diamond Point of Rogers, LLC
• Approval of the PUD Agreement for Diamond Pointe of Rogers, LLC
5.10 Authorization to Purchase Additional Granite Benches for Veteran's Memorial
5.09 pulled by Stanley
Ihli moved, Stanley seconded a motion to approve the consent agenda less 5.09. Motion carried 3-0.
Stanley requested that item number 4 be stricken from the PUD Agreement in item 5.09, so that the applicant has to come back before the boards for approval of any additional on-site development and site plan approvals.
Stanley moved, Ihli seconded a motion to approve 5.09. Motion carried 3-0.
6. Public Hearings
6.01 Public Hearing on Proposed Assessment for Rogers Drive Trail and Lighting Project
• Approval of Resolution No. 2014-25, A Resolution Adopting and Confirming Assessments for Trail and Lighting Improvements Located along Rogers Drive
Engineer Weiss provided a PowerPoint presentation on the project highlighting the project area, project cost, total assessment, and final assessment roll.
Mayor Bunting opened the public hearing at 7:30 p.m.
There were no persons present to address the Council during the public hearing.
Stanley moved, Ihli seconded a motion to close the public hearing at 7:30 p.m.
Bunting commented on an email he received about making the City walkable and talked about the benefits of this project for that area.
Scharber stated the terms of the assessment being proposed are five years at five percent.
Ihli moved, Stanley seconded a motion to approve Resolution No. 2014-25, A Resolution Adopting and Confirming Assessments for Trail and Lighting Improvements Located along Rogers Drive. Motion carried 3-0.
7. General Business
7.01 Accept Bids and Award Contracts, Police Building Renovation – Resolution No. 2014-26
Stahmer stated the first item is to receive the contracts and award them and then assign those contracts under 7.02 to RJM.
Administrator Stahmer read from the staff memo:
Council has previously chosen RJM Construction to serve as the City's construction manager on the Public Safety Building/Police Station renovation project. At the February 11, 2014 City Council meeting RJM and HTG provided an overview of the plans and Council authorized advertisement for bids/quotes. RJM, HTG and staff worked together to refine itemized cost estimates prior to bidding. As of February 11th, the estimated cost of items to be bid by RJM totaled $1,998,280 which includes a 5% construction contingency and 1.95% contractor's fee.
Total bid items as received by RJM (including contingency and contractor fee) amount to $1,995,643 (with two items totaling $10,000 having been removed from list to be completed in-house by City staff, and one alternate included for $4,696 for automatic handicapped door access).
Additionally, several items were to be provided by the City as the owner (e.g., furniture, equipment, lockers, phone system). For those City provided items, staff solicited multiple quotes from qualified vendors. Results from each quote package are attached as memos from Chief of Police Beahen. The total for those owner-provided items is $432,832.
Stahmer stated that Chief Beahen received another quote late today that will further reduce the quotes. Stahmer stated the combined total of bid items as solicited by staff and RJM is $2,448,475 plus architectural fees of $119,000 for a grand total project cost of $2,547,475.
Stahmer stated there will be a future request coming forward from HTG for additional architectural fees.
Paul Kolias with RJM addressed the Council on the bids received. Kolias stated there were seven bid categories on the project. Out of the seven categories, there were a total of 36 bidders. In addition we had 18 quote categories with 89 quotes received. The bid tabulations were provide in the packet and all low bidders were qualified.
Ihli asked about the asphalt paving being removed. Stahmer stated that is one of the items that was removed as part of the $10,000 reduction.
Chief Beahen addressed the Council regarding the bids received by him and Jason Greninger on FF & E. Beahen then stated he received a last minute bid for lockers that he recommends the Council accepts. Beahen stated that on the attached exhibit to the resolution, under "lockers", he is recommending that Haldeman Homme should be reduced by $44,210.19 for a new total of $58,900 and that Weldon Company should be added to the exhibit with a total dollar amount of $34,257. This is a savings of roughly $10,000 on lockers.
With that change to the exhibit, staff is recommending approval of the resolution awarding the contracts for the police building renovation.
Ihli moved, Stanley seconded a motion to adopt Resolution No. 2014 – 26, Accepting bids and Award Contracts for the Police Building Renovation, with the noted change to exhibit A adding Weldon Company and reducing Haldeman Homme, as discussed.
Bunting discussed the bids received, the number of calls the police department handles, and the need for the facility.
Steve Swanson asked why the fee for the architect is $119,000. There was a discussion on the amount of work being done for the existing building.
Motion carried 3-0.
7.02 Amendment to Construction Management Contract with RJM Construction for Guaranteed Maximum Price and Assignment of Construction Contracts, Public Safety Building Renovation
Administrator Stahmer read the following from the staff memo:
Per the construction management contract with RJM Construction, upon awarding contracts to the respective low bidder, the City and contractor are to enter into an amendment to the contract whereby the Guaranteed Maximum Price (GMP/GMAX) is agreed to per the bids/quotes received. Also, upon awarding contracts for the individual bid packages, the City will then assign those contracts to RJM, putting the construction manager at-risk.
Upon awarding the contracts to low bidders as noted above, the process calls for the City to enter into a Guaranteed Maximum Price (GMP/GMAX) with RJM per the construction management contract. The individual contracts are then assigned to RJM, in order to satisfy the "at-risk" element of the construction management contract (i.e., putting RJM at risk for overruns as the City's construction manager). These actions will take place under subsequent item 7.02 of the April 8 City Council meeting. Any necessary change orders approved by the City for unforeseen circumstances or changes made by the City above and beyond the contingency during construction would be in addition to the GMP.
Stahmer then recommended the following two motions to Council:
Motion 1: Move to approve the First Amendment to AIA Document A133-2009 Standard Form of Agreement Between Owner and Construction Manager as Constructor.
Motion 2: Move to approve the Assignment of Trade Contract, Rogers Police Station Remodel.
Ihli moved, Stanley seconded the first recommended motion. Motion carried 3-0.
Stanley moved, Ihli second the second recommended motion. Motion carried 3-0.
7.03 Accept Feasibility Report, Call for Public Hearing, and Approve a Proposal for Engineering Services to Extend Rogers Drive from Vevea Lane to Brockton Lane (Resolution No. 2014-27)
Engineer Weiss stated he would not be presenting the full feasibility report tonight, because he will be doing that at the time of the public hearing. Weiss reviewed the following with Council:
• Project location
• Assessments to Scannel
• Deferred assessment for utilities on Vevea site
• Assessments on intersection improvements
• Assessments to Kinghorn for watermain extension
Weiss stated that the Vevea assessment would be deferred without interest until they develop. Weiss stated the billboards on site are proposed to expire, and the request is to allow those to remain until development occurs, if that is a concern, then staff needs to know.
Bunting stated he does not like an open ended agreement on the billboards – he would like to consider a defined period of time. Bunting suggested five years as a nice place to start on those billboards that are expiring.
Council agrees there is value to the City to have the road extension now.
Weiss recommended Council authorize plans and specs subject to an assessment agreement with Scannel for this portion of the project (feasibility report/plans and specs).
Bunting commented on the $1M road that is being offered to the Veveas for free.
Stanley asked if there is restricted truck traffic on Rogers Drive. Weiss stated not that he is aware of; the only restriction is the use of 134th Ave. instead of the intersection by Burger King.
Ihli moved, Stanley seconded a motion accept feasibility report, call for public hearing on May 13, 2014, authorize preparation of plans and specifications, and accept the proposal for the extension of Rogers Drive from Vevea Lane to Brockton Lane to be prepared by WSB & Associates, Inc. and sub-consultants at a not-to-exceed cost of $156,250. Motion carried 3-0.
7.04 Authorize Distribution of the Henry AUAR for 30-day Public Comment Period
Engineer Weiss recommending authorizing the distribution of the Draft Henry AUAR for the required 30-day comment period.
Ihli moved, Bunting seconded a motion authorizing the distribution. Stanley asked that the trees be saved on the site. Motion carried 3-0.
7.05 Corridors of Commerce Project Update and Approval of the Master Utility Agreement Number 05580 for the I-94 Corridors of Commerce Project Between TH 101 and TH 241 S.P. 2780-66 (T.H. 94) (Resolution No. 2014-28)
Engineer Weiss stated there are City utility crossings within the project area, therefore there is a need for an agreement between the State and the City to work in those areas.
Stanley moved, Ihli seconded a motion adopting Resolution No. 2014 – 28, A Resolution to Authorize Execution of S.P.2780-66 (TH 94) Design-Build Project Master Utility Agreement with the City of Rogers. Motion carried 3-0.
8. Other Business
9. Correspondence and Reports
9.01 March Police Report
9.02 Minutes for the February 27, 2014 Transportation Task Force Meeting
9.03 Minutes for the March 25, 2014 Transportation Task Force Meeting
9.04 2014 GMC 1500 Regular Cab
No action taken.
10. Adjourn to Closed Session for Potential Property Acquisition
Mayor Bunting adjourned to closed session at 8:05 p.m.
Council reconvened from closed session at 8:17 p.m.
Attorney Carson stated in closed session the Council discussed the property described as 12712 Main Street, and provided the following motion:
Authorize staff to make the offer as discussed in closed session, with the addition that title insurance and a certificate of title will be able to be issued.
Motion by Ihli, seconded by Stanley. Motion carried 3-0.
Ihli moved, Stanley seconded a motion to adjourn at 8:18 p.m. Motion carried 3-0.
Assistant City Administrator/Clerk