1. Call to Order. The regular meeting of the Council of the City of Rogers was called to order by Mayor Grimm on Thursday, December 29, 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: Gary Buysse, Liquor Operations Manager; Stacy Doboszenski, Assistant City Administrator; Steve Grittman, City Planner; Brad Feist, Fire Chief; John Seifert, Public Works Supt.; Steve Stahmer, City Administrator; Shibani Bisson, City Engineer; and Lisa Wieland, Finance Director.

2. Open Forum
None.

3. Presentations
None.

4. Approve agenda
The following items were added under Other Business:
8.01 Hassan merger
8.02 Hennepin County Sheriff Department

5. Consent Agenda
5.01 Approval of Minutes from December 13, 2011 City Council Meeting
5.02 Approval of Bills and Claims
5.03 Approval of Rogers Fire Department Administrative Policy Manual
5.04 Authorization to Purchase Migratable Water Meter MXU
5.05 Schedule Work Session for Tuesday, January 10, 2012 at 6:00 p.m. to discuss Brockton Interchange and Joint Resolution with City of Dayton
5.06 Approval of Resolution 2011-67 Related to Abatement (Cabela's Administrative File Cleanup)
5.07 Finance Department Annexation Transition Services Agreement
5.08 Approve Change Order No. 1 for 129th Ave Reconstruction Project
5.09 Services Agreement Between Dakota County and City of Rogers
5.10 Approval of Minnesota Lawful Gambling Permit to Conduct Excluded Bingo for Rogers-Hassan Senior Friendship Group, Inc. for Bingo on Jan. 16, April 16, Aug. 20, and Nov. 19, 2012 at Cabela's, located at 20200 Rogers Drive
5.11 Hassan Township Pre-Existing Debt
5.12 Approval of Resolution No. 2011-69, A Resolution Appointing the Former Hassan Township Banking Entities as Designated Depositories for the City of Rogers
Bell moved, Ihli seconded a motion to approve the consent agenda as presented. Motion carried 4-0.

6. Public Hearings
None.

7. General Business
7.01 Approval of 2012 Liquor Liability Insurance
Liquor Operations Manager Buysse reviewed the quotes received for liquor liability insurance for 2012 stating the City will be realizing a $3000 cost savings.

Bell moved, Ihli seconded a motion to accept the quote from Indemnity Insurance Company as Liquor liability insurance carrier for 2012.

Council questioned the rates that were provided on the summary sheets. Buysse stated there is a typo on the sheet from Capitol and apologized for the confusion.
Motion carried 4-0.

7.02 Approval of a Conditional Use Permit for NRD Powersports for Outdoor Storage/Sales, Located at 20700 Rogers Drive
Planner Grittman provided background information on the request for a Conditional Use Permit for NRD Powersports. Grittman stated the applicant will also be seeking a sign adjustment for use of the existing signage. The sign adjustment application has not been received yet and would like Council's comments relating to the sign.

Bell moved, Stanley seconded a motion approving the Conditional Use Permit for NRD Powersports for Outdoor Storage/Sales with the following six conditions recommended by the Planning Commission:
1. Existing site lighting complies with the City's regulations for avoiding glare onto adjacent public right of way.
2. The applicant works with staff on parking lot and landscaping renovation in the spring, and has completed any required improvements necessary to comply with staff requirements and City ordinance no later than June 30, 2012
3. Wall signage for the site meets the requirements of the Rogers Sign Ordinance, as cited in this report.
4. The existing freestanding sign is removed, or reconstructed to meet ordinance requirements prior to initiation of outdoor sales and display on the site, or the applicant/owner applies for and receives a variance for a sign in excess of current sign regulations.
5. The Fire Chief inspects the site and finds the facility in compliance with applicable fire codes, or measures are instituted to bring the facility into such compliance.
6. Findings and recommendations of other City staff.
Motion carried 4-0.

7.03 Approval of Alside Site Plan Review for Outdoor Storage, Located at 20195 S. Diamond Lake Rd.
Planner Grittman provided background information on the application by Alside for site plan approval and outdoor storage.

Grimm stated he does not have any issues.

Bell moved, Stanley seconded a motion to approve the Site Plan for Alside with the following conditions:
1. The approval increases allowable outdoor storage on the site to a total of 39,500 square feet out of a maximum 64,800 square feet under the CUP.
2. Future expansions of the outdoor storage on the site will require separate site plan review and approval.
3. The proposed new storage area is screened to match the existing storage in both color and material – tan colored screening fabric over chain link fencing.
4. Storage shall not be stacked higher than the screening fence.
5. The City's Fire Chief inspects and approves the proposed storage area, including both the layout and adequate emergency access.
6. Hazardous materials are not permitted.
Motion carried 4-0.

7.04 TIF #1 Tax Increment Financing Plan Modification (Resolution No. 2011-68)
Finance Director Wieland discussed the cash flow in the district and need for the plan to be modified to identify what the funds will be spent on. Staff discussed the amount of TIF per capita stating with TIF 1 we are in the upper 20 percentile. However with TIF 1 coming off, we are near the bottom of the list. Staff is recommending all planned uses of TIF#1 cash flow prior to its expiration be identified in the modified Appendix A-2 describing in more detail various eligible projects that will be financed with tax increments, as directed by the City Council.

Ihli moved, Bell seconded a motion to approve resolution No. 2011-68- approving Tax Increment Financing Plan for Tax Increment Financing District No. 1, Modification #10; and authorize the City Clerk to forward a copy to the Hennepin County Auditor, the Minnesota Commissioner of Revenue and the State Auditor, all in accordance with TIF Act.
Motion carried 4-0.

8. Other Business
8.01 Hassan merger
Bell wanted to take the opportunity to welcome Hassan residents to the City of Rogers.

Stanley thanked staff for their work on the annexation process.

Grimm stated it has been a long time coming and echoed Bell's sentiments welcoming the new Hassan residents.
No action taken.

8.02 Hennepin County Sheriff Department
Grimm stated he was in receipt of a letter from Hennepin County Sheriff. They will continue to be a secondary back-up to our police officers after the annexation; will continue to help and serve. Grimm wanted to thank Sheriff Rich Stanek and his department for continuing to support Rogers and believes it's a good thing for us to have, and to continue a good relationship with the Hennepin County Sheriff's Department.

9. Correspondence and Reports
None.

10. Adjourn to Closed Session for Administrator's Annual Performance Review – Reconvene to Open Session
Mayor Grimm adjourned the meeting to closed session at 7:25 p.m.

Council reconvened to open session at 7:46 p.m.

Mayor Grimm stated the Council conducted the performance review of the City Administrator. No action taken.

11. Adjourn
Bell moved, Stanley seconded a motion to adjourn at 7:47 p.m. Motion carried 4-0.

Respectfully submitted,
Stacy Doboszenski
Assistant City Administrator/Clerk