May 26 | Rogers City Council Meeting

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All right, first up is open forum. Stop here. First up is open forum. Individuals may address the council about any item not contained on the regular agenda. A max of 10 minutes is allocated for the forum and if the full 10 minutes is not needed, we will continue with the agenda. Uh, we have one item here tonight. Harper Lance, if you could stand up here and say your name and address, please Yep. Go ahead. That's all right, Harper. wanted to talk about why she wants chicken. First one, >> chickens are good for having eggs. You don't waste Hey, someone. Do you have any recommendations like how many and anything else? Okay. Okay. Thank you for coming. We appreciate it. >> Thank you, Harper. >> Thank you. >> Thanks, Gary. All right. Just one second. Just checking and see if we have presentations. All right. All right. Next up is approve agenda. Council members may add items to the agenda for discussion purposes or staff direction only. The council will not normally take action on items added to the agenda. Anyone have anything to add? >> No. >> All right. Can I get a motion? >> Approves the agenda as printed. >> Oh, second. >> All right. I have a motion and and a second. All in favor? >> I >> I >> All right, that motion passes. We'll move on to consent agenda. These items are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a council member so requests in which in which event the item will be removed from the consent agenda and placed elsewhere on the agenda. I do have one item 5.8. Um we're going to table this for another meeting. So that's approve grant application for replacement SCBA and related equipment. Anything else you want to remove? >> Question on 5.8. Is that time sensitive as far as applying for the grant? >> Chief Fence just needs to tie some things up. So, he just asked that we postpone it for a future. >> Thank you. >> Yep. >> Anything else? >> Not for me. >> Okay. >> I would make a motion to approve the consent agenda minus 5.8. 8. >> Oh, second. >> All right, we have a motion and a second. All in favor? >> I All right, that motion passes. We have a couple public hearings tonight. The first one is 6.1 public hearing in consideration of a rightaway vacation request. >> Got this. All right, madame mayor and councel, the item before you is a right ofway vacation for the lot, which I'm going to refer to as the Maynard's lot. Um, this corresponds to the development which you reviewed at the last meeting, um, which the city would be selling the lot for the development. Uh, so just I'm going to go fairly brief into this since we did discuss this at much more length at the last meeting, but the city is current owner. We have a purchase agreement with Clutier Properties and the property is currently comprised of two parcels that total 1.31 acres. It's zoned as RC which is our regional employment center and guided for commercial use. Um the development which was approved at the last the site plan which was approved at the last meeting is for a 9,100 ft commercial building, a multi-tenant commercial building. And as a reminder to the development itself, um it's situated to front the intersection and shown as four bays totaling the 9100 ft² with parking around the edges. The rightway vacation is to the east of the actual current development parcel. Um so this area is what would be vacated for the development. and a little bit of the background of why this excess right away currently exists. I want to show the two different aerials showing the before and after the realignment of the roadway here. So, as the movie theater and uh adjacent multi-tenant commercial buildings were put in, the roadway was realigned to make Rogers Drive the primary connection point throughout. Um so the excess area which you see was what was created here in this parcel or this area. In total it's about 02 acres in total size. Um since it is a rightaway vacation it does require a public hearing and there is a recommended motion on the screen. And with that I can stand for any questions. Council may have for staff. hearing. >> So moved. >> Second. >> All right. All in favor? I >> I >> All right. Motion or um the public hearing is open. Would anyone like to speak to this item? I think most of you are here for the same thing. So, would anyone like to speak to this item one more time? Would anyone like to speak to this item? All right, I'll take a motion to close the public hearing. >> Oh, second. >> All right, we have a motion and a second. All in favor? >> I >> I That motion passes. All right, we have a resolution on the table to vacate the Rogers right ofway located to the east of the property at 21355 136th Avenue. >> I think I just said >> I'll go ahead and make a motion approve resolution 2026-50. >> Oh, second. >> All right, we have a motion and a second. All in favor? I >> I >> All right, that motion passes. Okay, second public hearing is to consider adopting ordinances related to our franchise fees. Bridget. >> Yes. Good evening, Madame Mayor and Councel. Um, as Madame Mayor stated, we have a public hearing tonight to consider adopting new franchise fee ordinances. Keep going. All right. So, the current the city currently assesses franchise fees on our gas and electric utilities. So, for electric that would be Excel and Right Henipin. For gas that would be Center Point. So, each one has a separate ordinance. So tonight there would be a public hearing on the three ordinances. So franchise fee revenues are collected quarterly from the utility companies and they are dedicated to funding the city's pavement management program. So what those revenues provide is a sustainable funding source for our roadway maintenance and reconstructions um including utility undergrounding. So the philosophy in Rogers is that everyone pays for their pavement the first time around. Most often that's in the price of their new home or when a new development is constructed. But franchise fees are used to cover the ongoing maintenance of the reconstructs and the mills the mill and overlays. This funding source, the franchise fees has reduced our reliance on these large special assessments that used to fund the projects as property owners pay smaller monthly fees with franchise fees. So the payment management plan is reviewed annually as part of the long-term planning process as and the fund is included within the city's financial management plan. Franchise fees have remained unchanged for approximately the last 10 years and that is when the franchise fee 10 years ago. Construction cost indexes have increased approximately one and a half times over the past five years alone. So, as those infrastructure costs continue to increase, the current fee structure is no longer sufficient and franchise fees adjustments are needed to help maintain that program. So, on the screen here, I have a schedule of what's included in the exhibits of the ordinance and it outlies the it it outlays the current fee and the proposed fee within the franchise utility agreements. Um, so electric on the left, gas on the right. What we did here was increase the fee consistent with how the construction index went up one and a half times. We increased the fee to start one and a half times as well. The last couple of years when we've looked at the financial management plan and that pavement management program fund and plugged in this increase, it still um showed that future increases would be necessary to continue maintaining the road projects that are within the capital improvement plan. So these fees are charged on a monthly basis and if approved, they would become effective with the September 1st billing. So there's a lag time within there so that we can provide notice to the utility companies so that they can get the increase process through their billing system and ready to charge. So when we look at it in total gas plus electric franchise fees for a residential property would go from $9 a month to $14 a month. And within each of the ordinances, there is a 3% annual increase over the next four years. So this is a change to the previous franchise agreement where we would every time we wanted a new fee increase, we would adopt a new ordinance and it was a pretty lengthy process. So if you recall, we did talk last fall probably about getting this fee increased. and um Attorney Vo and myself and Doran Cody and Steve Stammer have been working with the utility companies to work out a solution where we don't have to bring this back every year and go through this lengthy process that we can just send them an update. Um but increasing the fees 3% every year for through 2030 would help us keep pace with increasing construction costs and help the city um avoid getting significantly behind again in the future years since we'll be increasing a little bit every year instead of doing large sporadic increases. So after the 5 years are up a new ordinance would need to be passed or the fees would just continue to remain the same as they are set within that exhibit. And then if at any time something would change during the course of that five years that the fees are in effect, council may choose to amend or modify the ordinance as you would deem appropriate. So with that, I would stand for any questions. I have a couple just for I guess the public record. So what was happening before? So I was a first year council member when we implemented this before. um what was happening before just to give people an example of why we're doing this and why it's preferable. Um what was you know when we're assessing people for a road project, what did that look like? >> Yes, madame mayor and councel. So in the past when a road project was identified and we would need to go forward with it, we would have to look if cash was on hand to fund it. But a lot of times funding large road improvement projects would require bond financing and special assessments. So if it was if the roadway was adjacent to your property, you would owe a special assessment or you would be charged a portion of the improvement amount to your property taxes and you would generally be charged interest on that. But you would pay a larger lump sum over a 5 to sevenyear time period. In addition, the project would be more spend spendy because you would be having bonding and financing costs associated with that. And then you have to go through a special 429 assessment process which is which is what it's called and you have to prove the benefit. So sometimes with that process, road projects could get delayed um further deteriorating the conditions of your road. And so just being able to stay on top of the road improvement projects also helps save infrastructure costs in the long term. >> Um the other thing is are we going to send a letter out or put it in the newsletter? What's the >> Madame Mayor? I do believe this was an article within the newsletter um the spring newsletter. We did note that. So um we can look to send something additional out in one of probably the fall newsletters. We missed summer, but we could look to do something like that or get um additional information out a different way. Okay. Thank you. >> Questions? >> Bridget, did you um have prepared or do you have an idea of what you know a typical residential street project? Probably a million overlay, huh? Doran, what what kind of assessments were residents seeing individually property? I mean, is it a $10,000 assessment or what what what what's the ballpark? >> It could be. And um Council Member Iden, I'm going to let Doran's probably done more assessment projects in his days than I have. So, if you wouldn't mind handling this. >> I just want to give it when you give me the number, I'll do the math. And >> because for me, I mean, I'm we're all residents, too. I like this program because I know that when I get that road improvement, I'm I don't have that assessment. But go ahead, Dorne. >> Yeah, Madame Mayor, council members, we have not assessed a road improvement project here in Rogers since I've been here. Um, we did have one project that was coming forward for a special assessment that the council ended up not doing, but those assessments were between5 and $10,000 depending on the size of the property. >> Right. So, if I take $8,000 and divide it by that $14 a month, if my math is right, that's 47 years. Um, so I just that's math I did as a resident to understand the scope of it and I think it's a pretty decent deal. >> Yeah. You don't have to deal with the payment payoffs. Special assessments when somebody goes to sell their house to get their >> lot of times special assessments >> are hanging over it. Yeah. Bridget, what did you say the annual increase was? Did you say it would go up? >> $9 a month is what a current residential property is paying and effective September 1st it would go to 14 and then annually we're going to do 3% to start with and see where we end up in the next few years. And there's a there's a point out in time is it five years I thought I saw where you we'd stop and kind of redo this but let's not do it every year in the meantime. Is that what you're saying? >> Council member Julie. Yes. So we'll continue annually to evaluate the performance of the financial management plan and how's it how it lines up with our future projects. We can adjust during that time but at least we won't be you know falling behind as construction costs continue to rise. Mayor. >> Yes. >> If I can just a comment on the council member's question and the response. Um, you are, as I suspect you all know, members of a group called the suburban raid authority, which is a I'm going to be wrong about this, but plus minus 40 city, metro area city, a group of cities that deal with utility related matters. Centerpoint Excel being the biggest utilities that that group deals with. Many many many of those members have wanted to have a franchise fee arrangement like what you have in front of you where you have a very modest annual increase in the fee of uh increase that's intended to match inflation not exceed it but just match it. That's a challenge to implement. In fact, it's been impossible to implement. And so just a a congratulations to Bridget and the team for seeing that through. That has not been an easy thing to see through with utilities. uh and uh you know the reason that many many other members your sister cities around the metro have wanted to do that is you avoid the periodic relatively bigger increases. It's a very modest that folks probably won't notice it or won't notice it much annually. Uh and that avoids that shock of needing periodic larger increases but it is it is a ch has been a challenge to work with the utilities on that. So congratulations to staff on that. >> Thank you. One more for me. Back up one slide. >> So can you just give some clarity to the 3% just how that I mean so it's 14 and then 3% is on top of that. >> Yes. Uh council member Iden. So 14 and then 3% on top of the 14 and then you know 3% on top of the accumulated amount each year. >> Yeah. Okay. Just wanted that for the record. >> All right. Pending. No further questions. I would request that we open >> on the ordinance to public hearing. >> Motion to open the public hearing. >> So moved. >> Second. >> All right. We have a motion and a second. All in favor? >> I. >> I. >> All right. That motion passes. Would anyone like to speak to this item? Would anyone like to speak to this item? All right. One more time. Would anyone like to speak to this item? All right. I'll take a motion to close the public hearing. >> So move second. >> All right. A motion and a second. All in favor? I I >> All right, that motion passes. We have three motions here. Or is that one motion to consider the public or the >> So I'll move to um approve ordinance number 2026-07, ordinance 2026-11, and ordinance 2026-12. >> Second. All right, we have a motion and a second. All in favor? I I >> opposed. All right, that motion passes 5-0. We will move on to the regular agenda 7.1. Exciting stuff. To approve the promotion of Officer Amy Herald to the position of patrol sergeant effective June 2nd. Chief Sergeant Matt Nelson position of police captain position was posted internally internally and tailored to our current Rogers police department police officers at the application qualification. Six officers participated in the first round interview panel which included a deputy chief of police captains and an external agency with a sergeant Three finalists advanced to a second interview with myself, Deputy Chief Foster, and human resources director, assistant city. These finalists also completed a comprehensive leadership assessment conducted by the police department's designated psychological firm. I got a 21 page report and they're still employed. >> All right. At the conclusion of the process, officer Amy Herald was selected for the promotion of patrol. Sir background on Amy. Officer Errol completed her associates degree in law enforcement from North Henipin Community College in 2014. Law enforcement career began as a reserve officer with the up river police department in 20 2013. She was hired as a community service officer at that agency which was a position she held for two years. February 2015 she accepted a community service officer role with the Rogers Police Department. Later was promoted. Throughout her 11 years as a licensed police officer, she has served in multiple assignments and roles, training officer, detective, school resource officer. In addition to being an active citizen academy, and shop with a cop program, her awards include five I94 chamber life saving awards and 2023 mothers against drunk driving, Tom Heaton. Officer Hill is known for supporting the growth and confidence of others. Has been a dedicated mentor to many of our officers. She will be an excellent addition to the police department leadership team and we will celebrate her for much later this year. So this year the remaining candidates are expected to remain on the promotion eligibility list for the upcoming patrol sergeant plan for this year and also for an anticipated 2027. This time I'd like to turn over. >> I'm humbled to be standing before you tonight after being selected as a department. The decision was not an easy staff. There were several well followed by I love being an officer for the city of Rogers and enjoyed each I have served in my time. Those roles have helped to prepare me for this assignment. I know this role will give me the opportunity to mentor and teach for newer officers which has been so rewarding during my time as a I look forward forward to the challenges I will face as a sergeant and I know I will both confidence Before I move to recommend recommendation, I just want all the staff for being here tonight. We have our reserve officers here. CSO So, with that, um, I make a recommended motion. >> I would just like to say congratulations, Amy, on your well-deserved promotion. You've got a great reputation in town and in the schools. So, congrats. >> Yep. Thank you for your service and for your service to come. Welld deserved. I think my kids were in school when you were there. So, uh, that's kind of what I always think about you and I think that's one of the important roles that you guys do. So, thank you. >> Yeah, it's definitely welld deserved. Um, you're very professional and dedicated and a great asset. With that, Madame Mayor, I'd like to make a motion to approve the promotion of Amy Herold to the position of Troll Star effective June 2nd, 2026. >> Second. >> All right, I have a motion and a second. All in favor? >> I. >> All right, that motion passes. Congrats. Now the place is going to empty out. All right. 7.2 items related to city hall and police department civic campus bidpack project 2202. Madame Mayor, council members, um this is items related to the city hall police department civic campus. As you mentioned, as a little background, uh, in late 2023, the city acquired, um, the former Boyer truck site and the former triplex along Main Street, uh, along with the adjacent Holiday Station store. We have developed a site plan for the site to include a civic campus of approximately 60,000 square ft. It would house city hall, council chambers, and the police department. The city hall side of the building would be one story, and the police department would be two. The uh city hall and council chambers are on the east side of the property, and the police department and secured parking are on the west side. The main parking lot will be on John Deere Lane. Um there is a plaza space that would be adjacent to the council chambers as well that would connect to downtown by sidewalk. On January 13th of this year, the city council approved an agreement um with uh Terra Construction to be the city's uh construction manager at risk on this project. And on February 10th of this year, the city council approved the preliminary uh plat and site plan for the civic campus. And on the last meeting in April of this year, the city council approved bid package one and authorizes the solicitation of bids. Um, we received one bid for the pre-cast concrete of this bid package and we received eight bids from for the earthwork and demolition and utilities. Four of those were local firms. The successful bidder for the pre-cast concrete is Molen Concrete. They were at $1.48 million, roughly $467,000 higher than our original estimate. However, on the demolition earthwork and utilities, Viton Company, a local contractor, um was a successful bidder at 1.53 million or roughly $518,000 less than our original estimates. So, it was basically a wash on either of those bid categories. So, in total, it was $50,000 under the estimate. As for the amended agreement for the maximum guaranteed maximum price with Terara Construction, it includes their original preconstruction fee of $20,000. Uh bid category O2D, which was the pre-cast engineering shop drawings and procurement for $45,000. Uh bid package 31B is the demolition utilities rammed aggregate peers and that's 1.536 million. uh the construction manager fee of um roughly $360,000, a 10% contingency. We will pay the sack and whack fees. So the total amendment to the original contract is $2,153,68. So, what Terra how Terara is going to set this up is they'll set up their accounting software based on this bid package number one. When we get the rest of the bids all back in June, we'll do a change order to that original contract for the remaining items. So, you just to warn you, it's going to be a large change order, but that's the best way they could do it in their accounting software. Also, as part of this item, we have um a professional services agreement with Bron Intertech. In 2025, they did a response action plan and construction contingency plan or a wrap for the site. Um we did not include that wrap with the original bid documents. However, Tara used that to uh calculate the lowest responsible bidder for the the earthwork and utilities. So implementation of the wrap recommendations could result in change orders to the contract depending on what we find. The site is entirely paved and so we don't know what we're going to find underneath pavement once we start taking it out. So um Bronn wrote the uh the proposal anticipating that we're going to have to do everything that they did in the wrap, but we'll only use those items that we need as construction progresses. And just a little reminder of what uh the city hall is going to look like. This is the front of the building. This is inside near the council chambers. This is the council chambers. And then this is the floor plan with the council chambers over on the east end. Um city hall in the center and then police department on the west end. So we're have three recommended motions for you this evening. One is to accept bids for bid package one. The next one is to approve the agreement amendment with Tara and the final one is to approve the professional services agreement with Bronntech for the wrap implementation. And with that I can take any questions you might have. >> Questions anyone? >> I don't want to just to clarify. I mean, you know, when you use the word amendment, sometimes that means extra work, but in this case, it's more about kind of the timing of packages, what you call an amendment, right? That is correct. It's not like we're getting widely out of our budget. We're just doing things in an order that as they come along, it's technically an amendment to the overall plan. >> Yeah. As you recall from the April 28th council meeting, at the time, we were advised that there was a nearly a year-long lead time on pre-cast. Now that if the council approves this, we'll lock them in. It's going to be um three weeks on the design and 15 weeks on the pre-cast today. >> Um Madame Mayor, council members, we expect roughly half of the work will get done by the time we bring you back bid package 2. So, what's likely first to happen is the de demolition of the building, madame mayor, council members. It would begin next month. >> Thank you. >> You talked about um the sites being paved and they're not sure what's under it. Do they do some preliminary borings to take samples and understand that? I mean, it shouldn't be a surprise, right? >> Yeah. Madame Mayor, council members, we did soil borings. However, I'll use an example. I did a site in Anoka, the city of we did a dozen borings and ended up finding two complete houses buried on the site. So, we try to find everything, but as part of this wrap, we actually have to do a test pit just to check to see what might be in there. >> Just excavate to see what you find. a little archaeology. Correct. I'm sorry. Which standards are >> No, we shouldn't. >> The test pit. >> Yeah, they would have had to demo the site appropriately. Dor, do you know what was there before? Where? >> Madame Mayor, council members, I believe there was a a service station um and a mechanic and then I think it was roofing supplies. Was there a reference to a junkyard as well? I thought in the pack it said something about a junkyard. >> Madame Mayor, council members, it seems that every site in downtown somehow was some sort of a junkyard. >> Nope. I will uh make a motion to accept bids for city hall and police department civic campus bid package number one city project number 2202. >> I'll second. >> All right, we have a motion and a second. All in favor? I and I'll make a motion to approve AIA document A1 133-2019 exhibit A second. All right, we have a motion and a second. All in favor? >> I. >> That motion passes. can make the final motion to approve professional service agreement with Bronn Intertection plan construction contingency plan. >> I'll second. >> All right, we have a motion and a second. All in favor? >> I. >> All right, that motion passes. >> One more item. 7.3 legislation related to in-person absentee early voting period. Good evening, mayor and councel. Uh, in 2014, Minnesota adopted no excuse absentee voting model, allowing voters to apply for and receive an absentee ballot up to 46 days before election day. During the first 28 days of that 46-day period, which is known as absentee voting, voters complete a ballot application, register if needed, place their voted ballot in a secrecy envelope, which is placed in a signature envelope. The signature envelope must be signed by the voter and a witness. It is then transferred to Henipin County Government Center via Courier where it's run through a tabulator closer to election day. The final 18 days of the 46day period is referred to as early voting. During this time, voters complete a brief application, register if needed, then place their voted ballot directly into a tabulator. Countywide data shows the majority of pre-election voting day voting pre-election day voting happens during that 18-day stretch. Having two different processes within the 46day period envelopes then tabulator has caused confusion and sometimes frustration for voters. Though we share the specific details through our various communication channels, it's complex for all involved including absentee judges. Based on the voting data and recognizing the significant resources required to hold in-person voting for 46 days before each election day, the League of Minnesota Cities has been advocating for cities to have more flexibility, especially since extended voting hours were required starting in 2024. In this legislative session, a technical bill was introduced to give cities the flexibility to choose between holding the full 46 days of in-person voting or the 18 days before election day when the ballot tabulators are available. The bill passed the House and the Senate and the governor signed it last week. With absentee voting period for the primary approaching, Henipin County has asked cities to notify them as soon as possible if they would like to switch to the 18-day model, ideally by June 1st. Regardless of the decision, residents will still have the option to vote by mail or at the Henipin County office for the full 46 days. As of this afternoon, Henipin County has heard from three cities so far indicating they plan to switch to the 18-day model. They stress that many have council meetings scheduled in the next two weeks. So that is not representative of the number who will switch if they can. Though a formal action or resolution isn't required by the county, we're seeking council direction based on data for the most recent election cycles in Rogers which was provided in tonight's packet. And if you have any questions on the data that was in the packet or other factors, I'll stand for any questions. questions anyone? >> No, it seemed pretty straightforward. >> Yeah, I agree. >> To me, it makes sense to switch to the 18-day. >> Mhm. Mayor, if I could uh before you make a motion on that, I just wanted to commend City Clerk Brown for staying on top of this to the point that he was essentially live uh reporting the playbyplay from a training while the while it was working through the House and Senate to Stacy Sharper and I. So, we knew that it had been passed because of Stacy before it had even hit the media. Like, it hadn't been reported yet and was she was already on top of it. So, just great work. I may or may not have jumped into the chat when we were in the training and everybody was jumping into the chat. It was really good news for cities, especially those with smaller staffs. Um, >> yes, >> I would uh make a motion to select the option to conduct 18 days of in-person early voting utilizing a ballot tabulator in the city of Rogers in 2026. >> I'll second that. >> All right, we have a motion and a second. All in favor? >> I. >> All right, that motion passes. Thank you very much. Yep. Uh correspondence and reports are online and we are adjourned.