1.  Call to Order.  The regular meeting of the Council of the City of Rogers was called to order by Mayor Grimm on Tuesday, September 28, 2010 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; Brad Feist, Fire Chief; City Planner Rose Lorsung; Jeff Luther, Police Chief; 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 2010 Community Image Awards.
Administrator Stahmer addressed the Council and audience regarding the recommended recipients of the 2010 Community Image Award; Melvin Rouillard and the Brookside
Community Garden.

Mayor Grimm presented a plaque/certificate of recognition to Melvin Rouillard for his home located at 12625 Main Street.

Bunting moved, Bell seconded a motion to award the community image award to Melvin Rouillard and the Brookside Community Garden. 
Rauenhorst stated he will be voting against the Rouillard residence due to the code violations in the back yard.  Motion carried 3 -1 with Rauenhorst opposed.

Mayor Grimm then presented a plaque/certificate of recognition to Brookside Community Garden representatives.

   3.02 Brookside Community Garden – Honoring Ray Lemke – Resolution No. 2010-37
Mayor Grimm presented a plaque to Ray Lemke honoring him for the renaming of the Brookside Community Garden to the Ray Lemke Garden.

Bunting moved, Bell seconded a motion to approve Resolution No. 2010 – 37, A Resolution Establishing/Renaming Brookside Garden As “Ray Lemke Garden” In Honor Of Rogers Resident And Volunteer Ray Lemke.  Motion carried 4-0.

4. Approve agenda.
There was one item added to General Business and three items added to Other Business.
7.05 Consider approving the RFP for the Brockton Interchange and appointing a Council representative to the consultant selection committee
8.01 Discussion on Community Service Officers
8.02 Crosswalk Enforcement
8.03 Retaining Wall Paint Samples

5. Consent Agenda. 
5.01 Approval of Minutes from September 14, 2010 City Council Meeting
5.02 Approval of Bills and Claims 
5.03 Approval of Fire Vehicle to Auction
5.04 Approval of On-Sale Liquor License for the Rogers Lions Club for Oktoberfest on October 16, 2010, located at 21201 Memorial Drive
5.05 Approval of On-Sale Liquor License (Applebee’s – new ownership)
5.06 Municipal Liquor Store Re-Lighting
5.07 Arena Commission Items:
         5.07.01  Revised Advertising Price
         5.07.02  Rogers Youth Hockey Contract
         5.07.03  Rogers High School Hockey Contract
5.08 American Tower Lease Agreement
5.09 Custom Conveyor – Site Plan Approval and Conditional Use Permit for Outside Storage
 – Resolution No. 2010-38
5.10 Approval of Resolution No. 2010-39, A Resolution Adopting the City of Rogers 2030 Comprehensive Plan
5.11 Distribution of Comprehensive Plan Amendment – Annexed Properties
5.12 North Community Park Athletic Field Lighting Package Order
Rauenhorst moved, Bunting seconded a motion to approve the consent agenda as submitted.  Motion carried 4-0.

6. Public Hearings
   6.01  Public Hearing on Improvements for the John Deere Lane Extension (West of Main Street to CSAH 81) and Ordering of Project – Resolution No. 2010–40
Engineer Weiss presented the background information for the public hearing on improvements to John Deere Lane; an extension from Main Street to CSAH 81.  Also discussed was the intersection improvement to Main Street and CSAH 81; right in, right out only.  Weiss provided an illustration of the improvements and stated the signal at Rogers Plaza is not being recommended as part of the proposed John Deere Lane improvement.  Weiss proceeded with the specifics of the project including storm sewer, connection points, parking lot relocation, and the cost opinion.  The cost opinion without the signalization is $603,670; includes the burying of power lines.

Weiss explained potential assessments of $52,880 to Wells Fargo for their undeveloped property and $27,635 to Main Street LLC.  Weiss stated it would be a stretch to assess the property owners at this time for this specific project because of difficulty in proving the benefit to the property with current access.

Weiss then provided a project schedule to Council with final completion estimated for summer 2011 with an October 2011 assessment hearing.

Mayor Grimm opened the meeting for public hearing at 7:27 p.m.

The following comments were registered:

John Holland, 21501 John Deere, Metro Mold:
What is the proposal for the future extension of John Deere Lane (to Industrial Blvd)?

Weiss stated it is part of a future downtown transportation study.  The information will be coming forth soon; unsure if there is one alternative that favors more than another.

Holland questioned where the extension would be going; next to his property or next to Willis property.  Mr. Holland explained his concerns with the sensitivity of the machines in his building.  Mr. Holland explained the property used to be a duck pond, the earth is spongy and will move.  Mr. Holland discussed the condition of the soil when he developed his property.

Weiss stated there are no immediate plans to do projects in that area.  The discussion will be part of the downtown area discussion.

Mayor Grimm called for additional comments or questions.

Bell moved, Bunting seconded a motion to close the public hearing at 7:31 p.m.  Motion carried 4-0.

Bunting moved, Rauenhorst seconded a motion to order the project and approve Resolution No. 2010-40, A Resolution Ordering the Improvements for the John Deere Lane Extension (West Of Main Street To CSAH 81) Project to include burying the power lines.  Motion carried 4-0.

7. General Business
   7.01 Front End Loader Plow
Public Works Supt. Seifert provided background information on the purchase of a new front end loader/plow for the Rogers Public Works and utility departments.  Seifert stated on April 13, 2010 Rogers’ City Council reviewed and approved the 2010 Capital Equipment list which included the front end loader/plow and subsequently approved an equipment certificate to finance certain capital equipment.  At the request of City Council all items exceeding $100,000.00 in acquisition would be required to return to subsequent meetings for approval by council.

Seifert provided an explanation of the services the front end loader/plow will provide.
Seifert stated the loader and plow equipment has been researched and selected through the state supplied bid pricing from Ziegler Inc.  Delivery would be first part of December 2010.

Grimm questioned the budgeting; Seifert stated it came under budget approximately $6,000 to $8,000.

Grimm questioned the lifespan.  Seifert provided the explanation of the lifespan of the existing front end loader.  Seifert stated it gives the staff the ability to do all the work in-house and the piece of equipment supplements the utility departments as well.

Rauenhorst stated we are keeping this yellow.

Bunting moved, Bell seconded a motion to authorize the purchase of the front end loader with plow and wing assembly.  Motion carried 4-0.

7.02 Annexation Resolution Regarding Annexation Date and Memorandum of Understanding
Administrator Stahmer provided the background information for the request of changing the annexation date from January 1, 2012 to July 1, 2012. 

Stahmer explained staff has discussed this item over the past several months and a couple items recently came up; the slight risk of TIF District 1 (expiring at the end of 2011) and the use in future annexation areas and the possibility of additional State MSA dollars.  Weiss stated that he believes the additional road mileage would qualify for 2012 State MSA dollars (approximately $100,000) if annexed January 1, 2012.

Stahmer stated a motion to approve the MOU, and not the resolution, is being requested tonight.

Grimm stated he believes we should bring up at the next joint meeting the issue of the additional State MSA funding.

Attorney Carson stated the MOU is not binding; it is an understanding and good faith going forward.

Grimm stated he understands the position the MOU gives the City.
Bell moved, Rauenhorst seconded a motion to approve and complete the draft memorandum of understanding as substantially submitted.  Motion carried 4-0.

7.03 CSAH 13 and South Diamond Lake Road Intersection Improvement Project Items
        • Accept Feasibility Report
        • Set Public Hearing Date
        • Authorize Preparation of Plans and Specifications
        • Approve plans and specifications
        • Authorize Advertisement for Bid
        • Approve Proposal for Engineering Services for Intersection Improvements
Weiss discussed the proposed Brockton Lane and South Diamond Lake Road intersection improvements with Council and provided an illustration of the proposed improvements.
Weiss explained the discussions had with Hennepin County stating they are willing to participate; the City does the South Diamond Lake Road improvements and the County will commit to the Brockton Lane improvements.  Weiss stated the cost opinion is estimated at $261,267 for the City’s improvements.  Weiss stated the County is looking for the City to provide the engineering work on the project; there for the final design and bidding services have increased from the original proposal.

Bell questioned if there will be the opportunity to improve the visibility of the intersection.  Weiss stated it would be part of the right-of-way acquisition.

Bunting moved, Bell seconded a motion to accept the feasibility report recommending construction of Alternative 2 with only the Mill and Overlay on South Diamond Lake Road, set the public hearing date for October 26, 2010, authorize and approve plans and specifications for intersection improvements, authorize ad for bid of the project and approve the proposal for engineering services and approval of Resolution No. 2010-41, A Resolution Approving plans and specifications, ordering the advertisement for bids and calling for a public hearing for the CSAH 13 (Brockton Lane) at South Diamond Lake Road improvement Project.  Motion carried 4-0.

Bunting moved, Bell seconded a motion to approve the proposal for final design and bidding services from WSB.  Motion carried 4-0.

7.04 Consider Authorization of a Speed Study for Rogers Drive from South Diamond Lake Road to CSAH 144
Engineer Weiss stated City Staff received a request to consider raising the speed limit of Rogers Drive from the current posted speed of 30 mph.  The horizontal curves on the south end of the road have a design speed of 30 mph and the horizontal curves in the middle of the road have a design speed of 35 mph.  The posted speed for the entire road is 30 mph.  There has been no authorization for a speed study previously issued for Rogers Drive.  Statutory speeds are either 30 or 55 mph if a speed study has not been completed.  When there is a question of the proper speed, a speed study is usually authorized.  A speed study request would result in an authorized speed limit that reflects the conditions on and along the roadway.

If the council chooses to request that Mn/DOT perform a speed study, the council will need to pass a resolution requesting a speed study on Rogers Drive.

Grimm is concerned with the left turn movements on the road; concerned if raised to 40, motorists will start traveling 45 to 47 miles per hour.

Bell stated it is a wide road; it’s his sense that people don’t drive 30 on that road and we should look into setting the speed limit to match the conditions.

Chief Luther stated there have been some occasional accidents along Rogers Drive.

Bunting stated he is fine with 30 and is uncomfortable with having a speed study in the event it changes the current posted speed.

Rauenhorst suggested additional patrol.

Bell discussed not having the police patrolling this area, but rather other areas of concern such as Brockton Meadows.

Bunting questioned the addition of a stop sign.

Weiss stated he is more of a proponent of having the speed set at what people are comfortable to drive.  Great points have been made by the Council.  If you want the speed to be official, then you set the speed by a speed study.  Weiss stated we could put the equipment out there to see what the current speed is being driven as a second option.

Bunting stated he would feel uncomfortable changing the speed.

Grimm stated he doesn’t mind looking at option two; it doesn’t force the Council’s hand.

Bunting questioned the cost associated with option 2.  Weiss stated the intern could be used to conduct the internal study.

Bunting stated if we do option two, then he would like to get some numbers of the accidents we are having.

Luther spoke to incidents happening on Rogers Drive and stated increased speeds cause more accidents.

Bell moved, to conduct option two and asked the police department to come back with statistics on the area of Rogers Drive by Lowes and Cub. 
Grimm asked if there is any way to determine cross over accidents from Cub to Lowes; Lowes to Cub.
Rauenhorst seconded the motion.  Motion carried 3-1 with Bunting opposed.

7.05  Consider approving the RFP for the Brockton Interchange and appointing a Council representative to the consultant selection committee
Administrator Stahmer explained the request being brought forth by the City of Dayton for approving the RFP for consultants for the Brockton Interchange.  A member of the Council is also being requested for the selection committee.

Stahmer recommended approving the RFP with the following conditions addressed in the memo:
   • RFP should clarify the roads that will be analyzed for necessary improvements with a constructed Brockton Interchange to ensure that all roads within the City of Rogers are addressed.
   • The City of Dayton may proceed with the official mapping process with the understanding that the City of Rogers is not committing to any ROW purchases at this time.  If this is expected, then it is recommended that this process be removed from the RFP.
   • The base project should include cost estimating.  Currently this task is outside of the base project and can only be added by the City of Dayton.  We would expect this to be in the base project.
   • We would like to see two community meetings, one in Rogers and one in Dayton from a logistics perspective so that we obtain the most public involvement.
   • We would recommend that the number of alternatives be identified in the RFP so that there is as much consistency in the proposals as possible.

Bunting moved, Rauenhorst seconded a motion approving the RFP with the noted conditions.  Motion carried 4-0.

Bunting moved, Rauenhorst seconded a motion making Bell the primary member and Bunting the secondary member for the selection committee.  Motion carried 4-0.

8. Other Business.
8.01  Discussion on Community Service Officers
Rauenhorst stated he is looking for the Council’s feeling on the CSO program previously discussed. 

Bunting stated he likes the idea and should look at it for some time in 2011; put together a program, and see what we are looking to get out of the program.  Bunting wants to see how many CSO’s we believe is necessary.  Bunting stated he would rather see something on paper so he can review it and give it the thought that it needs.

Rauenhorst stated we need to budget for this to happen in 2011.

Luther presented a packet to the Council including examples of a CSO program from Maple Grove, Champlain, and Elk River police departments.  Luther provided an explanation on the information provided.  Luther stated the program would help give the staff/council the opportunity to review the candidates for a period of time.  Luther stated the model policy is the Maple Grove policy as distributed.  Luther stated the City would save money as these would be non-benefitted position.

Bell asked what type of management overhead there is.  Luther stated some of the training could be done by the existing FTO’s.

Bell is concerned with not having enough management personnel for the hiring of the CSO’s.

Rauenhorst stated he wanted to see how the Council feels about the topic and suggested brining this back for discussion in a month.

Grimm stated the Council is requesting this item be placed on the second meeting of October.

Administrator Stahmer will provide the budget impacts as well.

Rauenhorst asked if full participation is happening by the reservists.  Luther stated we are getting good participation by the reservists.  Sgts. Geilo and Capps are doing a good job in taking the program.

Rauenhorst questioned if there is enough funding for reservists and stated if there are people that are not participating, let’s cut them loose and bring in others.  Rauenhorst suggested expanding the program to another couple officers.

No action was taken.

8.02  Crosswalk Enforcement
Rauenhorst stated one of our city employees (Jason Greninger) was trying to cross the road by Triangle Park and nobody was stopping to let people cross on Main Street. 

Bunting stated he can’t agree with him more and would like to see some education by the Police Department regarding crosswalks.

Luther explained the issue of having to work with Hennepin County to get signage and striping completed.

8.03  Retaining Wall Paint Samples
Seifert addressed the Council regarding paint samples.  Weiss provided illustrations.

The Council reviewed the samples and commented that the grout color needs to be lightened, otherwise the colors presented look good.

9.  Correspondence and Reports
9.01 Update on Transportation Task Force 
9.02 Approval of Park Board Minutes
9.03 Water/Sewer Meter Truck
9.04 Elm Creek Watershed Monthly Update
9.05 Arena Commission Minutes
9.06 August, 2010 Financial Reports
No action taken.

10. Adjourn
Bunting moved, Bell seconded a motion to adjourn at 8:38 p.m.  Motion carried 4-0.

Respectfully submitted,
Stacy Doboszenski
Assistant City Administrator/Clerk