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 26, 2010 at 7:00 p.m. at Rogers Community Center, 21201 Memorial Drive, Rogers, MN, 55374.

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

Staff present:  Shibani Bisson, City Engineer; 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; and Lisa Wieland, Finance Director.

2.  Open Forum. 
None.

3.  Presentations. 
None.

4.  Approve agenda.
The agenda was set as submitted.

5.  Consent Agenda.
    5.01  Approval of Minutes from October 12, 2010 City Council Meeting
    5.02  Approval of Bills and Claims
    5.03  Authorization to Enter into a Law Enforcement Services Agreement with Elk River Area School District No. 728
    5.04  Approval of Conditional Use Permit Application Associated with the Replacement of an Existing Billboard with a digital Billboard by CBS Outdoor - Dahlheimer property
    5.05  Approval of On-Sale Liquor License for the Rogers Lions Club a Bouja event on November 20, 2010, located at 21201 Memorial Drive
    5.06  Approval of 3.2 Off-Sale Liquor License for Super America (Ownership change)
    5.07  2011 Siren Maintenance Contract with Embedded Systems, Inc.
    5.08  Approval of Resolution No. 2010-43, A Resolution Vacating Certain Drainage and Utility Easements Within the Plat of Rogers CVS Addition and the Plat of Rogers Plaza
    5.09  Approval of Resolution No. 2010-44, A Resolution Determining Necessity of Joint Purchase of Ditch Mower
Rauenhorst moved, Bunting seconded a motion to approve the consent agenda.  Motion carried 5-0.

6.  Public Hearings
    6.01  Public Hearing to Adopt the Proposed Assessment for Delinquent Sewer, Water, Recycling, And/Or Storm Water Service Charges
Doboszenski provided an explanation of the annual assessments for delinquent utility bills.

Mayor Grimm opened the public hearing at 7:02 p.m.
No persons addressed the Council during the public hearing.

Bunting moved, Bell seconded a motion to close the public hearing at 7:02 p.m.  Motion carried 5-0.
    6.01.01  Approval of Resolution No. 2010–45, A Resolution Adopting and Confirming Assessment for Delinquent Sewer and Water Service Charges (2010)
Bunting moved, Bell seconded a motion to adopt Resolution No. 2010 – 45, A Resolution Adopting and Confirming Assessment for Delinquent Sewer and Water Service Charges (2010).  Motion carried 5–0.
 
    6.02  Public Hearing on Improvements to CSAH 13 and South Diamond Lake Road Intersection, Order the Project and Consider Awarding a Contract for the South Diamond Lake Road Intersection Improvements (Resolution 2010-46)
Engineer Bisson addressed the Council regarding the CSAH 13/South Diamond Lake Road intersection improvements and provided a Powerpoint presentation illustrating the project.  Bisson described the project with alternative one and alternative two.  Bisson reviewed the cost opinion and assessment approach with Council.  Bisson then reviewed individual assessment amounts and a proposed deferral agreement with affected property owners.  Bisson completed her presentation with the project schedule.

Mayor Grimm opened the meeting for public comment at 7:12 p.m.
No persons addressed the Council during the public hearing.

Bell moved, Bunting seconded a motion to close the public hearing at 7:12 p.m.  Motion carried 5-0.

At this time, Engineer Bisson reviewed the construction schedule in detail with Council.
Bell asked if the one day closure applies to South Diamond Lake Road on the west or east.  Bisson clarified the temporary closure would occur on the east side.

Grimm moved, Bunting seconded a motion adopting Resolution No. 2010 – 46, A Resolution Ordering the Improvements for the South Diamond Lake Road/133rd Avenue at Brockton Lane (CSAH 13) Improvement Project.  Motion carried 5-0.

Grimm stated he agrees with the Engineer’s recommendation to go with bid alternate number two; complete reconstruction instead of just a mill and overlay.  Council agreed.

Bunting moved, Rauenhorst seconded a motion awarding the CSAH 13/South Diamond Lake Road Intersection Improvement Project to Omann Brothers Paving, Inc. in the amount of $249,586. 
Finance Director stated if alternate bid number two goes over the amount in TIF 10 and TIF 11, then TIF 1 would be the funding source for the overage.
Bunting and Rauenhorst amended the motion to include the funding to come from TIF 10, TIF11, and additional necessary funding from TIF 1.  Motion carried 5-0.

7.  General Business
    7.01  Approval of Resolution No. 2010-47, A Resolution by the City of Rogers as the Local Government Unit Seeking Youth Sports Grant Program Funds
Public Works Supt. Seifert addressed the Council and provided background in the request to seek a youth sports grant through Hennepin County.  Seifert stated the proposed project would light and provide a score board for RMS field 2 an additional. Additionally, the project would provide goals/goalpost and addition field safety equipment for NCP 4, 5 and RMS 2.

At this time the funding partners identified for this project would include amounts from Rogers
Youth Football and Three Rivers Soccer Association (TRSA).  The combined pledges currently stand at $20,000.00 ($5,000.00 in in-kind labor provided by Rogers Youth Football) from the associations and would envision the $20,000.00 from the City Park Dedication Fund. The City portion has been identified in the current CIP for field lighting improvements. The grant amount $74,790.00 for a total project amount of $114,790.00.

Grimm moved, Bunting seconded a motion to adopt Resolution No. 2010 – 47, A Resolution by the City of Rogers as the Local Government Unit Seeking Youth Sports Grant Program Funds.  Motion carried 5-0.

    7.02  Discussion on amending Ordinance 2002-02, An Ordinance Establishing Salary for Mayor and Council Members
Doboszenski reviewed her memo with Council and the timeline for ordinance adoption.
Grimm stated Council consensus at the last meeting was to pay on a per-council meeting basis; the primary meetings that have to be attended.  Grimm stated he is comfortable with $350 for Mayor and $300 per month for Council; by attending both meetings each month as long as there is a valid reason and an excused absence.
Bunting stated Grimm summarized it well.
Bell stated that items one and two from the staff memo need to be quantified before going forward.
Grimm stated excused absences would be illness, work assignments, or planned vacations.
Bell asked if there are other scenarios that you may want to consider.
Rauenhorst asked what happens when the City Council cancels a meeting on their own. 
Grimm stated all members would then be excused at that time.
Council discussed having a disclaimer to cover all scenarios being “or otherwise deemed acceptable by council”.
Bunting stated he does not want to rush the ordinance amendment through, and would like staff to draft something for council consideration.

Staff was directed to prepare a draft ordinance for consideration at the next meeting.

Grimm restated staff direction/Council consensus:  Establish criteria for excused absence; illness, work, or vacation or as otherwise accepted by Council.  Two set meetings per month.  Salaries do not change.  Council concurred with the synopsis.

Bell questioned the cost regarding the ordinance.  Doboszenski stated most of the work will be done by staff with the City Attorney’s review and the cost of publication.

8.  Other Business
None.

9.  Correspondence and Reports
    9.01  Approval of Park Board Minutes
    9.02  Resignation of Park Board Chair – Jeff Nelson
    9.03  Salt Spreader and Brine Applicator
    9.04  129th Avenue & Arthur Street Ponding Issues Update
    9.05  State Supreme Court Case:  Variance Update
    9.06  Letter from John Moe Regarding Main Street Sewer Hook-up
    9.07  September, 2010 Financial Reports
No action taken.

10.  Adjourn to closed session to discuss lease of city property; reconvene to open meeting.
Bunting moved, Bell seconded a motion to adjourn at 7:30 p.m.  Motion carried 5-0.

11.  Reconvene to Open Meeting
Mayor Grimm provided an update from the closed session stating staff was directed to negotiate with a tenant on City owned property.

12.  Adjourn
Bunting moved, Bell seconded a motion to adjourn at 7:55 p.m.

Respectfully submitted,
Stacy Doboszenski
Assistant City Administrator/Clerk

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