1.  Call to Order.  The regular meeting of the Council of the City of Rogers was called to order by Acting Mayor Davis on Tuesday, December 14, 2010 at 7:00 p.m. at Rogers Community Center, 21201 Memorial Drive, Rogers, MN, 55374.

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

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. 
Paul Przybilla, 12623 Elm Parkway – Thank You
Przybilla wished both Davis and Rauenhorst well in their new private life and sincerely thanked them for their service.  Very few people understand the time commitment and the heavy burdens and decision making (councilors) have to contend with and they did it with dignity, honesty and integrity.

3.  Presentations. 
None.

4.  Approve agenda.
The following items were added under Other Business:
8.01 Bunting – Recognition
8.02 Davis - Plowing

5.  Consent Agenda.
5.01  Approval of Minutes from November 23, 2010 City Council Work Session and November 23, 2010 City Council Meeting
5.02  Approval of Bills and Claims (Less claims coded to project number 1009 to be approved with Agenda Item No. 6.01)
5.03  Adopt Ordinance No. 2010-07, An Ordinance Amending Section 26 of the Rogers City Code Requiring Maintenance of Property Within the City of Rogers and Summary Ordinance No. 2010-07
5.04  Approval of Donation from the Residential Mortgage Group
5.05  Approval Resolution No. 2010-55, Adopting the Henn. Co. Multi-Jurisdictional All Hazard Mitigation Plan
5.06  Approval of Minnesota Lawful Gambling Exempt Permit for Knights of Columbus to Conduct Bingo at Mary Queen of Peace Church in January, 2011, February, 2011 and November, 2011, located at 21304 Church Avenue, Rogers, Minnesota
5.07  Approval of Resolution No. 2010 – 56, A Resolution to Certify the Adoption of the City of Rogers Water Supply Plan and Appropriation Permit
5.08  Public Works Cleaning Contract Renewal
5.09  Approval of Resolution No. 2010-57, A Resolution Approving MnDOT's Delegated Contracting Process Agreement No. 92718
5.10  Award a construction contract to Twin Pines Earthworks for the Drake Court Pond Maintenance Project
5.11  Award construction contract to Twin Pines Earthworks for the South Pointe Wetland Project
5.12  Approve Final Payment for the Industrial Park Mill and Overlay of Commerce Boulevard, 134th Avenue North, and George Weber Drive
5.13  Approval Of Ordinance No. 2010-08, An Ordinance Adopting The 2011 Master Fee Schedule for the City of Rogers and Summary Ordinance No. 2010-08
5.14  Approval of the CBS Outdoor Conditional Use Permit
5.15  Approval of the CBS Lease with the City of Rogers
5.16  Approval Resolution No. 2010-58, A Resolution Granting Site Plan Approval for Flame Metals and Approval of the Flame Metal's Developer's Agreement
5.17  Approval of Minnesota Lawful Gambling Permit to Conduct Excluded Bingo for Rogers-Hassan Senior Friendship Group, Inc. for Bingo on 3 occasions at Cabela's, located at 20200 Rogers Drive
Rauenhorst moved, Bunting seconded a motion to approve the consent agenda.
Bell asked to pull item 5.03 and item 5.15
Rauenhorst amended his motion to pull both items, Bunting seconded to approve the consent agenda less items 5.03 and 5.15.  Motion carried 4-0.

5.03
Bell stated in the new ordinance, he didn't see a way for the property owner to object or bring up issues relating to special circumstances.  He saw it as the City unilaterally making a decision and the decision being final.

Davis asked if code enforcement would interact first.  Attorney Carson stated yes, this ordinance would be a final step.

With that information, Bell moved, Rauenhorst seconded a motion to approve 5.03.  Motion carried 4-0.

5.15
Bell stated he is assuming this will be the final version of the lease with CBS, therefore he wanted to have a separate vote on this item.  Bell commented on the contract and wants to call out the fact that the City does not have an out clause in the contract.

Stahmer commented on the installation of downcast lighting.

Bunting moved, Rauenhorst seconded a motion to approve 5.15.  Davis stated he respects Bells decision.
Motion carried 3-1; Bell opposed.

6.  Public Hearings
6.01  Items Relating to TIF Mods:
Wieland addressed the Council providing background information on the need for the public hearing and TIF modifications.  Wieland stated the modification will align City boundaries within the municipal development district and reflect the new city limits.  TIF #10 and TIF #11 are directly influenced with this TIF modification.
Wieland then read from her memo providing background information on the TIF modification.
   • Public Hearing
Acting Mayor Davis opened the public hearing at 7:12 p.m.
Scott Adams commented "go for it".

Wieland stated the City received a letter from Hennepin County Commissioners and read the summary into record and requested the entire letter from Hennepin County be part of the public record:
 
There were no additional comments from the public.

Bell moved, Bunting seconded a motion to close the public hearing at 7:15 p.m.  Motion carried 4-0.
   • Approval of Resolution No. 2010-59, A Resolution modifying Municipal Development District #1 and plans for 1A, 1B, 10, 11, 12, 13, 14 & 15
Bunting moved, Rauenhorst seconded a motion to adopt Resolution No. 2010-59, A Resolution Approving Modification to Development Program for Development District No. 1 and Modification to tax Increment Financing Plan for Tax Increment Financing Districts Nos. 1A, 1B, 10, 11, 12, 13, 14 AND 15   Motion carried 4-0.
   • Approval of claims coded to project number 1009 pulled from Agenda Item 5.02
Davis moved, Bell seconded a motion to approve the claims coded to project number 1009.  Motion carried 4-0.

7.  General Business
7.01  Public Meeting to Set the 2011 Final Budget and Levy Certification
Wieland provided a summary of the 2011 final budget and levy to council and commented on all items included in the 2011 budget to include the General Fund, Rogers Activity Center (RAC) Special Revenue Fund, Other Financing Sources & Uses Budgets; the Enterprise Fund Budgets and other supporting budget documents (Personal Services Budget, Transfer Budget, Interfund Loans, organizational chart, five year FMP and CIP), personnel services, CIP, and fee schedule.

Wieland stated State statute requires the meeting to be open for public input, then asking Council to adopt Resolution No. 2010-60 and the adoption of the 2011 budget. Wieland concluded stating the budget is considered "balanced", with overall General Fund & Rogers Activity Center (Ice Arena) budgeted revenues, other financing sources and intentional use of fund balance totaling $5,915,023, or a 5.51% increase. The proposed budgeted expenditures consist of General Fund Budget $4,956,085, Rogers Activity Center (RAC) Special Revenue Fund Budget $437,747 and Other Financing Uses Budget $521,191 totaling $5,915,023.  The City has enacted certain special levies for payable 2011 of $599,080 for Debt Service, Unallotment Levy and PERA Employer Contribution Rate Increase Levy.
   •  Open for public comment
Acting Mayor Davis opened the meeting for public comment at 7:21 p.m.

No persons addressed the Council.
   •  Approval of Resolution No. 2010-60, A Resolution Setting the 2011 General and Special Levies
Bell moved, Bunting seconded a motion to approve Resolution No. 2010 – 60, A Resolution Setting the 2011 General and Special Levies.  Motion carried 4-0.

Rauenhorst moved, Davis seconded a motion to adopt the 2011 City budgets as presented in full.  Motion carried 4-0.

7.02  Approval of Liquor Liability Insurance Coverage for 2011
Liquor Operations Manager Buysse addressed the Council regarding liquor liability insurance quotes for 2011.  Buysse provided a summary of the two quotes received and stated Capitol Specialty Insurance Company is the current agency of record.

Buysse recommend approving Capitol Specialty the Liquor Liability Insurance carrier for 2011.

Rauenhorst moved, Bunting seconded a motion to approve Capitol Specialty Insurance as the Liquor Liability Insurance carrier for 2011. 
Davis and Buysse discussed and clarified the 2011 savings over the 2010 rate.  Motion carried 4-0.

7.03  Approval of the Proposed Remodeling of the Day Room Storage Area Remodel Project at Rogers Fire Dept.
Chief Feist addressed the Council on the proposed remodeling of the storage area at the Rogers Fire Department to facilitate space for North Memorial ambulance service. North is donating $2000 toward the project and will pay a monthly lease of $300.  Day labor from public works will help facilitate the improvements.  Feist stated the remodeled area will be used by both North Memorial and fire personnel.

Bunting moved, Rauenhorst seconded a motion to approve the dayroom and storage area remodel project at Rogers Fire Station #1.  Motion carried 4-0.

7.04  Approve 129th Ave Feasibility Report and Set Public Hearing Date
Engineer Weiss addressed the Council with the 129th Avenue Feasibility report and request to call for a public hearing.
Weiss proceeded through a Powerpoint slide show.  Three alternatives were pursued.  The goal of the three alternatives is to try to improve the traffic calming of 129th in the future.  Alt 1 has center planted median with a total project cost of approximately $2.3M, Alt 2 has three lanes with center turn movement with a total project cost of approximately $2M, and Alt 3 is alternative 1 with roundabouts identified at the two intersections with a total project cost of approximately $3M.

Weiss reviewed the proposed pedestrian and bicycle trails as part of the project and the assessment approach being considered.

The project schedule was reviewed with Council with a project beginning in May 2011.

Stahmer asked Weiss to go through funding sources.

Weiss stated MSA State aid dollars, portion of assessments, some deferred assessments, and the balance of the funding to come from TIF #1.

Davis asked if there would be assessments to current residents.  Weiss stated yes.

Weiss only properties with access; you pay for the road you access.

Bunting moved, Bell seconded a motion to accept the feasibility report and set the public hearing for January 25, 2011.  Motion carried 4-0.

7.05  Update on Proposed 2011 Projects
Weiss addressed the Council on proposed 2011 projects. 
Weiss stated staff would also request the Powerpoint slide presentation to be placed on the City's website.

Weiss and Seifert proceeded through the Powerpoint highlighting the following projects for 2011:
Transportation Projects
  • 129th Avenue Reconstruction (Design & construction)
  • John Deere Lane Extension (Design & construction)
  • Pavement Management Inspection/Modeling & Implementation (GIS Mapping/Project Prioritization)
  • Downtown Study Completion
  • South Diamond Lake Rd/Brockton Ave Intersection Project (Construction by County)
  • Industrial Blvd West Extension (Design & construction)
  • SDLR/Rogers Drive/Northdale Blvd Striping/Intersection Modification Project
  • Maynard's Sign Relocation
  • Rogers Drive Sidewalk and Lighting (Design & construction)
  • CSAH 144/TH 101 Improvement Planning/Layout/Environmental
  • Fletcher Bypass (Phase 1) Planning/ROW Acquisition
  • CSAH 144 Pathway (Safe Routes to School)
  • Sign Reflectivity Programs
  • Rogers Drive Reconstruction & Widening
  • CSAH 144/Brockton Lane Intersection Layout/Environmental
Water/Wastewater Projects
  • DNR Observation Wells & Test Well for Next Municipal Well (Design & construction)
  • Ground Storage Facility (Design & Construction)
  • WWTP Long Range Planning Study/Consideration of Sale to MCES
  • Wellhead Protection Plan Update – Part I
  • Sanitary Sewer System Modeling, CIP Update & Phasing Plan
  • SCADA System Improvements for Water & Sanitary Sewer
  • Antenna Services - Policies, coordination & GIS Database
  • WWTP Improvements
    o Wasting Valve
    o Ditch Modifications
    o Small Sludge Pond Decommissioning
  • Water Appropriations Permit
  • Water Meter Rehabilitation
  • I&I Program for Old Town
Stormwater Projects
  • 133rd Court Grading & Repairs
  • Red Fox Outlet Weir Repair
  • Gray Fox Catch Basin Repair
  • 129th Avenue Wetland Outlet
  • Fox Creek Streambank Stabilization
  • Downtown Drainage Study
  • Stormwater System Modeling and CIP Update
  • NPDES training/updates
  • South Pointe Pond Cleanout
  • Drake Court Pond Cleanout
  • Aspen Pond Cleanout
  • NCP Pond Cleanout
GIS
  • Continue Development of Cartegraph System
  • Web GIS Maintenance
  • Update GIS Utility Mapping
  • Update GIS Base Maps
Policy Items
  • Develop Assessment Policy
  • Finalize City Standard Construction Specifications
  • Update Developer Requirement Handbook
  • Update CIP's
  • Municipal State Aid Updates
    o Certificate of Mileage
    o Needs Update
    o Map Update
    o System Revisions
Parks
  • South Pointe/King Estates – Mini Neighborhood & Park
  • NCP Lighting & New Football
  • NCP Irrigation
  • Little League Ball Field at PWB
  • Lighting at NCP & FCW Parks
  • SCP Land Purchase
  • Hennepin County Youth Sports Grant
  • Master Trail Plan
  • Land Purchase & 1st Phase for Triangle/Lions Park

Weiss clarified that pavement management is intended to include Hassan roads.

Davis questioned how pond clean-out is determined.  Seifert stated all ponds are annually reviewed and on an as-needed basis.

Council consensus was to place the presentation on the city's website.

7.06  Recognition of Outgoing Council Members
Bunting stated the Council is doing something new this year and presented a framed certificate of appreciation to outgoing Council. The certificate of appreciation was read to the audience.

Rauenhorst thanked staff for all their hard work to keeping them (council) out of trouble.  Rauenhorst thanked everyone.

Davis then provided a prepared statement stating family is his first priority, discussed his Council experienced, and thanked staff for their work.  Davis also thanked residents for having faith to allow him the opportunity to serve 8 years.  Davis commented on the last election. He commented on opportunities he had serving on the Council citing Washington DC and the hard work that paid off.  Davis stated he appreciates the opportunities being on the City Council has given him.  Davis concluded stating he is looking forward to spending time with family and friends. 

8.  Other Business
8.01  Bunting – Recognition
Bunting commented on the Rogers High School teams; boys football and girls soccer teams.  Bunting proposed giving both coaches and teams keys to the City of Rogers and honor a day to celebrate those high school teams stating they have a very bright future.  Council concurred with Mr. Bunting's proposal.

8.02  Davis - Plowing
Davis stated the Public Works staff did a phenomenal job handling the massive amounts of snow. 

9.  Correspondence and Reports
9.01 November Police Report
9.02 Transportation Task Force Update

No action taken.

10. Adjourn
Rauenhorst moved, Davis seconded a motion to adjourn the meeting at 8:25 p.m.

Respectfully submitted,
Stacy Doboszenski
Assistant City Administrator/Clerk