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 12, 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 absent:  Jamie Davis.

Staff present:  Jeff Carson, City Attorney; Stacy Doboszenski, Assistant City Administrator; Brad Feist, Fire Chief; 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. 
Bob Anderson, Rogers Resident and President of Rogers Youth Hockey Association
Mr. Anderson addressed the Council and presented a check to the City for $65,000 and thanked the City for the beautiful facility on behalf of 290 players and 180 families.  Mr. Anderson presented the check to the Mayor and stated there will be state tournaments held at the RAC this year.

Grimm and Council thanked the Rogers Youth Hockey for living up to their annual commitment.

3.  Presentations. 
3.01  Supt. Mark Bezek of ISD #728 – Proposed referendum
Supt. Bezek was not in attendance at 7:00 p.m.

4.  Approve agenda.
The following items were added to Other Business:
8.01  Council pay and attendance discussion – added by Rauenhorst

5.  Consent Agenda.
5.01 Approval of Minutes from September 28, 2010 City Council Meeting
5.02 Approval of Bills and Claims
5.03 Approval of Developer’s Agreement for Custom Conveyor

Bell pulled item 5.02 for a question.

Rauenhorst moved, Bunting seconded a motion to approve the consent agenda less 5.02.  Motion carried 4-0.

5.02 Bills and Claims
Bell questioned the claim to Tierrany Brothers.  Wieland and Stahmer stated the claim is being reimbursed as part of a grant received by the fire department.
Bell moved, Bunting seconded a motion to approve 5.02.  Motion carried 4-0.

6.  Public Hearings
None.

7.  General Business
7.01 Update on the CSAH 81 reconstruction project schedule and budget
Engineer Weiss provided an update to Council on the CSAH 81 project schedule and budget.  Weiss reported the schedule is to be completed by November 15, 2010.  The contractor is slightly behind schedule but working hard to meet the completion date.  Weiss stated the project is transitioning to the final stage on October 15 – 18.  Weiss stated a four-way stop will be installed at Main Street and County Road 81 and County Road 81 and Memorial Drive over the weekend of October 15 – 18.  Advanced notification will be given as much as possible.

Bell asked if we are switching to a four-way stop briefly, is there a need for traffic officers on the scene?  Weiss stated he will talk with the Chief to make something happen during the evening traffic.  Weiss also commented the through movement on John Milless Drive will be closed for a couple days while they work in the intersection.

Weiss stated there will also be a change order coming to the Council in the future for approximately $140,000; including concrete barrier, right-turn lane on John Deere Lane, Rogers Plaza improvements, and unforeseeable soil conditions.  Weiss stated there is still $140,000 in contingency with the funding.

Stahmer questioned the amount of City responsibility for the change orders.  Weiss stated the City and the County participation makes the 20% financial responsibility.  Weiss also commented on approximately $10,000 of the work being for sewer/water utilities.

Bunting, questioned the statement in the staff memo regarding the delay up to about four weeks.  Weiss stated there were some conflicts with the gas company and provided an explanation.  There was discussion on the expense of facilitating the utility company to get the project done in a timely manner.

Weiss stated this was update information only.  No formal action was taken.

7.02 Municipal Development District #1 and TIF#1A & #1B, 10-15 Modifications
Finance Director Wieland addressed the Council regarding the requested modifications to Development District No. 1 and TIF #1A & 1B, 10-15.  Wieland stated the request tonight is to call for a public hearing with a given 30 day notice to Hennepin County and School District #728.

Wieland provided a map illustrating the area to be included in Development District and the construction project it will help facilitate (South Diamond Lake Road and Brockton Lane).

Rauenhorst moved, Bunting seconded a motion adopting Resolution No. 2010 - 42, A Resolution Calling for a Public Hearing by the City Council on the Proposed Adoption of a Modification to the Development Program for Municipal Development District No. 1 and the Proposed Adoption of a Modification to the Tax Increment Financing Plan for Tax Increment Financing District Nos. 1A, 1B, 10, 11, 12 13, 14, 15.  Motion carried 4-0.

7.03 Authorization to make offers and complete Right of Way acquisition for the South Diamond Lake Road and Brockton Lane intersection improvements
Engineer Weiss addressed the Council requesting staff be authorized to make offers to purchase the necessary right-of-way in the area due to the values of the properties being less than $10,000.  Weiss stated the taxable market values of the properties will be used to help determine a price.  The total right-of-way is approximately 5,000 sq. ft. of permanent easement and approximately 11,000 square feet of temporary easement.

Bell moved, Bunting seconded a motion authorizing staff to make offers and complete the right-of-way acquisition with funding provided from TIF 10 and TIF 11.  Motion carried 4-0.

7.04 Adopt Ordinance No. 2010 - 05, An Ordinance Creating a Moratorium on the Use of Property Within the City as a Dance Hall or Dance Club and Approval of Summary Ordinance No. 2010-05
Attorney Carson addressed the Council regarding the draft ordinance creating a moratorium.  Carson stated staff has received a request for a dance club to be in the business district; B2.  Carson stated the existing ordinance allows clubs or lodges; interpreted by staff as a fraternal club or lodge; however it is being interpreted differently.  A City can impose a moratorium for up to a year; this one is requesting a six month or until we come back to Council for consideration.  The moratorium will restrict the use and direct staff to create a new ordinance pertaining to dance hall or dance clubs.

Bell asked wouldn’t this fall under a bar?  Staff clarified the request is for a teen dance club, 18 years old and under.

Bunting moved, Rauenhorst seconded a motion to adopt Ordinance No. 2010-05, An Ordinance Creating a Moratorium on the Use of Property Within the City as a Dance Hall or Dance Club and Approval of Summary Ordinance No. 2010-05.  Motion carried 4-0.

8.  Other Business
8.01 
Rauenhorst addressed the issue of paying councilmembers based on attendance proposing that excused absences would be exempt; but non-excused absences would not be paid.  Rauenhorst stated he is asking for Council’s thought, and direct the attorney re-do the ordinance to address the issue.

Bunting is personally okay with looking into a change.  Bunting talked about making the commitment to the City when elected into office.  Bunting stated the citizens of Rogers expect the Council to be in attendance and thinks it is a valid thing to bring up.

Attorney Carson stated any change in pay would not be in effect until the next Council takes office.

Council consensus was to ask staff to look into this and report back to Council.

At this time Council took 3.01
3.01 Supt. Mark Bezek of ISD #728 – Proposed referendum
Supt. Bezek addressed the Council and provided a handout on School District 728 proposed referendum.  Bezek explained the two questions on the ballot for the General Election.   Bezek informed the Council on a survey conducted by the School District regarding the proposed referendum.  Bezek explained the School District’s website where property tax calculators can help voters determine the amount of tax increase.  Bezek spoke at length on the costs of the school district and the funding provided by the State.  Also discussed was the debt load of the District; $22 million per year.

Bezek fielded questions from Council.

Bunting addressed Bezek’s comment on the archaic form of property tax funding.  Bunting asked what his solution would be.  Bezek stated the formulas have not kept up with inflation.  Bezek stated he personally thinks there is enough money in education; it just isn’t spent wisely across the State.

Grimm thanked Bezek for the presentation and stated it is good to hear the numbers.  Bunting agreed; detail is one thing that is sometimes missing from government; it’s always a bonus when the school district puts the numbers into a form that everyone can understand.

9.  Correspondence and Reports
9.01 September Police Report
No action taken.

10.  Adjourn
Bell moved, Rauenhorst seconded a motion to adjourn at 7:48 p.m.  Motion carried 4-0.

Respectfully submitted,
Stacy Doboszenski
Assistant City Administrator/Clerk