1. Call to Order. The regular meeting of the Council of the City of Rogers was called to order by Mayor Grimm on Tuesday, August 9, 2011 at 7:00 p.m. at Rogers Community Center, 21201 Memorial Drive, Rogers, MN, 55374.

Council present: Rob Bell, Jason Grimm, Rick Ihli, and Maureen Stanley.
Council excused: Jay Bunting.

Staff present: Jeff Carson, City Attorney; Stacy Doboszenski, Assistant City Administrator; Brad Feist, Fire Chief; Mike Miller, Police Captain; John Seifert, Public Works Supt.; Steve Stahmer, City Administrator; Bret Weiss, City Engineer; and Lisa Wieland, Finance Director.

2. Open Forum.
None.

3. Presentations.
None.

4. Approve agenda.
No items were added to the agenda. Agenda was set as submitted.

5. Consent Agenda.
5.01 Approval of Minutes from July 26, 2011 City Council Budget Workshop and Minutes from July 26, 2011 City Council Meeting
5.02 Approval of Bills and Claims
5.03 Calling a Budget Workshop Session for August 23, 2011 at 5:30 p.m.
5.04 Approval of Resolution No. 2011-36, A Resolution Supporting the Funding for 2011 Surface Transportation Program (STP) Funding Application for the Fletcher Lane Bypass
5.05 Annual Sidewalk Repair Quotes
5.06 Street and Sidewalk Maintenance Policy
5.07 Approval of Minnesota Lawful Gambling Permit for Rogers Youth Hockey Association to Conduct a Raffle at the Rogers Activity Center, Located at 21080 141st Ave. N., on Sunday, December 11, 2011
Bell moved, Stanley seconded a motion to approve the consent agenda. Motion carried 4-0.

6. Public Hearings
None.

7. General Business
7.01 Award a Construction Contract for the John Deere Lane Extension Project and Authorize Construction Services
Engineer Weiss addressed the Council regarding the John Deere Lane Extension Project and stated we are now in the position to move the project forward and award the contract. Weiss provided background information on the history of the project and the reason for its development. Weiss provided explanation on the agreements being proposed tonight for approval.
Weiss explained the discussions with Hennepin County regarding allowing the signal at John Deere Lane and CSAH 81. Weiss stated without the help of the Hennepin County transportation staff, namely Jim Grube and Tom Johnson, this project would not be going forward.
Weiss provided the bid tabulation results with Council and the funding sources.

Bell questioned the current location of the trails. Weiss provided an explanation and further stated the east side of Main Street will be vacated at some point in the future and the property turned over to Benzinger as part of the agreement.

Council questioned the various access points being proposed.

Bell stated he is inclined not to include the trail as part of the project.

Bell moved, Stanley seconded a motion to accept alternate action number 3;
with the condition of the signal agreement and assessment agreements being executed by the appropriate parties. Motion carried 4-0.

7.02 Consider Approving Agreements with Main Street Investments, Wells Fargo and Rogers Plaza Partners for the John Deere Lane Improvement Project
Weiss provided explanation on the easement and assessment agreements being proposed for approval. Weiss stated they have been drafted by the City Attorney and will be approved in their final form by the City Attorney. Weiss also commented on the downtown sign proposed for the corner of John Deere Lane and CSAH 81.
Weiss commented on having ongoing negotiations with Mary Queen of Peace.

Grimm stated he thinks it’s a great project that will enhance downtown. Also would like to publicly thank Mr. VanHeel, Mr. Benzinger, and Wells Fargo for their contribution to the signal.

Bell moved, Ihli seconded a motion to approve the easement and assessment agreements with Wells Fargo, Main Street Investments, and Rogers Plaza to allow the John Deere Lane improvement project to commence construction in 2011. Motion carried 4-0.

7.03 Consider Alternatives for the 133rd Court Drainage Improvement Project Including Awarding a Construction Contract to Twin Pines Earthworks
Engineer Weiss provided background on the drainage issue at 133rd Court; the outlet elevation is currently one foot higher than it was when originally constructed. This is causing the water level of the pond to be higher than originally designed which impacts the adjacent property owners. The larger impact will result when the property to the west is developed by raising the normal water elevation of that pond. By raising the future pond normal elevation, the pond will need to be larger in area to accommodate the necessary pond volume. The outlet from the smaller pond to the outlet pond has a narrow channel which is also contributing to the higher water elevation and it is planned to be widened and cleaned as a part of the project. Weiss also commented on the overland swale being one foot higher than the correct elevation. Weiss provided further explanation on the items needing reconstruction.

Jim Amoe, 23654 133rd Court:
Mr. Amoe addressed the Council and stated the culvert has not raised one bit since he has been there in 11 years. Mr. Amoe stated the neighbor to the west has too low of a grade. Mr. Amoe stated the culvert is working properly. Mr. Amoe provided detail of rain events. Mr. Amoe stated if you are looking to solve the problem, then you have to look at the bigger pond. Mr. Amoe discussed the size of the culvert serving the pond. Mr. Amoe stated there is no reason to add the culvert or to change the landscaping.

Engineer Weiss stated the issue isn’t water flowing through the culvert, but at what elevation the water is flowing through the pond. Weiss stated the size of the downstream outlet at 24 inches is correct, to control the rate at which the water flows out of the pond to improve the treatment. Weiss stated if we wait to install the pipe in the future, it will cost more money for restoration work. Currently one of the neighbors does not have a finished backyard and is willing to allow us to cross with our construction equipment.

Grimm asked if the property owner to the west is here.

Mr. Amoe questioned why can’t we allow the property owner to the west to raise the elevation.
There was continued discussion with Mr. Amoe.

Weiss stated the work being proposed is within the drainage and utility easement and there is landscaping that is within the drainage and utility easement.

Stanley questioned if there is always water in the ponds. The larger pond yes; and this year the smaller pond has held water.

There was continued discussion between Mr. Amoe and Engineer Weiss.

Bell asked Mr. Amoe what his concerns are about the impact.

Mr. Amoe provided an explanation of his property and the slope that will be created to achieve the appropriate elevation. Mr. Amoe described the landscaping that will be disturbed with this project.

Engineer Weiss provided an overhead illustrating the ponds and the property involved in the project. Weiss also stated Mr. Amoe has constructed retaining walls within the drainage and utility easement.

Bell stated it seems the main point of contention is reducing the elevation of the ground. Bell questioned if just the pipe could be lowered at this time.

Weiss stated by lowering the pipe we will be disturbing the area being considered anyway.
Weiss stated it can be done, but the property owners need to understand that the 100 year rain event will cause overflow onto neighboring properties; water outside of the current drainage and utility easement.

There was continued discussion between Mr. Amoe and the Council regarding the landscaping located within the drainage and utility easement.

Grimm stated Bell presented a good option, but there needs to be an agreement with the neighbor about the possibility of water outside of the drainage and utility easement.

Seifert questioned the City Attorney if the practice of allowing the bounce outside of the drainage and utility easement is a practice the City should do.

Administrator Stahmer stated the concern is the impact outside of the drainage and utility easement on a property that is graded to the approved plan.

There was continued discussion on the options available to rectify the situation.

There was discussion on an easement that would be recorded if staff goes down the option of compromise.

Bell moved, Ihli seconded a motion to award the construction contract to Twin Pines Earthwork with the amendment to the plan that we complete the pipe installation, do not lower the overflow swale and if necessary to get signed easement agreements from affected properties if it is determined that the storm water will extend beyond the existing easements. Motion carried 4-0.

7.04 Accept the Feasibility Report for the Rogers Drive and 141st Avenue Trail and Lighting Improvement Project and Authorize Final Design Services
Engineer Weiss provided the feasibility report to Council for the 141st Avenue Trail and Lighting Improvement project.
Weiss reviewed the four project alternates with Council. Weiss stated, at a minimum we need to get lighting in. Weiss reviewed the funding summary with Council focusing on alternative 3 and 4.

Stanley questioned the location of the existing trails around the North Community Park and the Middle School.

Council questioned where the City’s portion of the funding will be coming from. Weiss stated the final funding will be provided at the next meeting with options for Council to consider.

Scott Smothers commented on the construction of this trail providing a way for the kids from the south side of the freeway to connect to the north side up to 144.

Grimm stated he is looking at more of a safety issue. He is in favor of alternate No. 3.

Grimm moved, Bell seconded a motion to accept the feasibility study and move forward with alternate no. 3. Motion carried 3-1; with Ihli opposed.

7.05 Discussion of Hassan Tax Rate Phase-in Impacts and Offers
Stahmer stated the most recent offer by Rogers was to offer a 4 year phase-in of residential and agricultural properties, no phase-in of commercial/industrial properties, with an annexation date to remain at January 1, 2012. That message was conveyed to the Hassan Town Board, and discussed at their August 1st Town Board meeting. In the end, the Town Board voted unanimously to approve the resolution Rogers forwarded to have the full annexation to occur July 1, 2012, 4 year phase-in of residential and agricultural properties, no commercial/industrial phase-in, keeping employees through 2012, and 95% levy by Hassan.

The item for the Council to consider now is the counter offer of a July 1, 2012 full annexation.

Carson stated the original resolution (Resolution No. 2011-25) is off the table due to the counter-offer made by Rogers at the July 26th City Council meeting.

Stahmer stated the Hassan Town Board has set an open house on August 17th to discuss the phase-in options and Rogers’ staff has been invited to attend the open house.

Grimm stated he is hesitant to change the date from January; if it makes this end that’s fine. Grimm asked Attorney Carson if the agreement passes, does that mean it is done and they don’t have six months to be toying with us in 2012? Carson stated it means the OAA would need to be amended and sent to the State to be approved.

Bell asked if it would stop them from doing things such as spending down their funds.

Carson stated he would not recommend recording the OAA amendment until after the Town electorate set the levy.

Bell stated if we tentatively agree to this, but don’t do it until after the meeting, then it feeds their argument of dragging our feet.

Staff stated we would go through the process of having everything ready to be filed and will wait for final signature until after the levy is set by the Town.

Bell stated trying to stick it back to January 1st doesn’t have a lot of basis or rationale.

Carson stated there would be no way to change the OAA after we do this and the terms themselves would self-destruct should the Town not hold up their end.

There was a discussion of the document needing to come back before the board and the Council for approval by the Board and the Council.

Ihli stated at the Town meeting he heard what the citizens were saying and a lot of them are frustrated and tired of the negotiations. Ihli stated he thinks we should put an end to this and give them their July date.

Administrator Stahmer stated, for the record, Councilmember Bunting’s position has not changed from the last meeting; would prefer a 3 year phase-in and a January date. With the same sentiment that if four years and July gets it done, then finish it.

Bell moved, Ihli seconded a motion to affirm the terms of the 2011-25 resolution and authorize the amendment of the OAA to be brought back to the Council for approval; essentially accepting the latest Township offer. Motion carried 4-0.

8. Other Business
None.

9. Correspondence and Reports
9.01 July Police Report
9.02 Plow Truck Equipment
9.03 June, 2011 Financial Reports
No formal action was taken.

10. Adjourn
Bell moved, Stanley seconded a motion to adjourn at 8:34 p.m.

Respectfully submitted,
Stacy Doboszenski
Assistant City Administrator/Clerk