1. Call to Order. The regular meeting of the Council of the City of Rogers was called to order by Mayor Bunting on Tuesday, November 13, 2012 at 7:00 p.m. at Rogers Community Center, 21201 Memorial Drive, Rogers, MN, 55374.

Council present: Rob Bell, Jay Bunting, Rick Ihli, and Maureen Stanley.
Member excused: Don Hall.

Staff present: Jeff Beahen, Police Chief; Stacy Doboszenski, Assistant City Administrator; Brad Feist, Fire Chief; Steve Grittman, City Planner; John Seifert, Public Works Supt.; Steve Stahmer, City Administrator; John Thames, City Attorney; and Lisa Wieland, Finance Director.

2. Open Forum
None.

3. Presentations
None.

4. Approve agenda
8.01 Thanking Medline - Bunting

5. Consent Agenda
5.01 Approval of Minutes from October 23, 2012 Workshop Minutes, October 23, 2012 City Council Meeting Minutes, and November 2, 2012 Special City Council Meeting Minutes
5.02 Approval of Bills and Claims
5.03 Approval of Resolution No. 2012-59, A Resolution Canvassing the November 6, 2012 Municipal Election Returns and Declaring Results
5.04 Adopt Ordinance No. 2012-12, An Ordinance Amending the Rogers City Code By Amending Section 125-199 Relating to the Amendments to the L-I, Limited Industrial Zoning District and Summary Ordinance No. 2012-12
5.05 Adopt Ordinance No. 2012-13, An Ordinance Amending the Rogers City Code By Amending Section 113-8 Relating to Sign Overlay Districts to Include the B-3 General Business District and B-C Business Campus District Within the RB Regional Business Sign Overlay District and Summary Ordinance No. 2012-13
5.06 Adopt Ordinance No. 2012-14, An Ordinance Amending the Zoning Ordinance By Applying the Highway Corridor Overlay District Over the B-3 and B-C Zoned Areas and Summary Ordinance No. 2012-14
5.07 Approval of Request by Cabelas for a Conditional Use Permit for Outdoor Storage of Boats, Located at 12940 Wilfred Ln.
5.08 Approval of Resolution No. 2012-60, A Resolution Granting Site Plan Approval to Cabelas for an Employee Shelter Addition Located at 20200 Rogers Drive
5.09 Approve the 2013 Outdoor Warning Siren Maintenance Contract with Embedded Systems, Inc.
5.10 Proposal for Engineering Services Related to Preparing the Base Map Needed for the Right of Way Process on the TH 101 and CSAH 144 Interchange Project
5.11 Approve Pay Voucher #2 and Final for 2012 Arthur Street Drainage System Repair Project
5.12 Approval of Separation Agreement
5.13 Ground Storage Reservoir Fence
5.14 Authorization to Accept MnDOT Signal Agreement for State Highway 101 and CSAH 144
5.15 Approval of the Developer's Agreement for Brockton Meadows 4th Addition
5.16 Calling Budget Workshop at 5:30 pm on November 27th

Bunting corrected 5.16 to state 5:00 p.m. instead of 5:30 p.m.
Stanley pulled 5.01 for discussion.
Bell moved, Ihli seconded to approve the consent agenda less 5.01. Motion carried 4-0.

5.01
Stanley noted that the workshop minutes show her adjourning the meeting when she was not present – Doboszenski to make the correction.

Stanley also stated that she wanted to be considered for the Public Safety Task Force, as was discussed at the regular meeting on October 23, 2012.

Stanley moved, Ihli seconded a motion to approve 5.01. Motion carried 3-0-1; Stanley abstained.

6. Public Hearings
None.

7. General Business
7.01 Rogers Downtown Plaza Signage Request, Agreement Amendment
Administrator Stahmer stated the City entered into a development agreement with Rogers Plaza as part of the County Road 81 project. As part of the agreement; an additional pylon sign was approved. The sign being requested is approximately 133 square feet; the agreement allows for 100 square feet. The action by Council would be to authorize the City Attorney to draft language to mirror any amendments made to the original development agreement tonight and have that executed by the City Administrator.

Bunting stated that Mr. VanHeel was very cooperative with the City during the construction of County Road 81. Bunting stated he realizes this sign doesn't exactly fit the requirements in the developers agreement, but is still okay with this sign. If there is a variance from what was originally written, he recognizes that. Council was informed the east facing portion would be static during nighttime hours.

Ihli asked if it would be a huge inconvenience to shrink the electronic sign. Mr. VanHeel came forward to address the Council. Mr. VanHeel stated the message board was not considered as part of the square footage of the sign. The interpretation of the sign ordinance allows the message board to be installed. The contractor was also present to speak on behalf of VanHeel. The proposal is for 4 x 7 of actual visual sign area – the rest is retainer; boards that hold the sign in place. 3 x 7 would work, but in trying to maximize performance he prefers the 4 x 7 size of the message board.
Ihli stated he does agree with Mayor Bunting, his request to get it a little smaller does get it a little more in compliance.

Bell agreed that with a smaller sign it would be easier to accept the differences. Bell discussed the capability of video. There was a discussion regarding the inability of the message to move.
Bell stated if they are willing to shrink the size from 4 x 7 to 3 x 7; then he would be willing to approve it.

Bunting stated one thing that was compromised is the changing message making them comparable to the signs on the freeway. There was discussion regarding how often messages are changing on existing signs in Rogers. It was noted that billboards cannot change or alter messages any more often than 10 seconds.

Bunting asked he is agreeable to dropping the size to 3 x 7 and then have the 10 second intervals on the messages.

VanHeel stated he would drop it by a foot, but asked for quicker intervals.

Bell discussed the history of the sign ordinance and the rules that were put in place when he sat on the Planning Commission. We are talking about a small quantity of changes. With a foot less in height and the flexibility of 10 second intervals is not a great deal of change.

VanHeel asked if he dropped four panels down to three could he then have the increased size of the message board.

Council stated they could go along with that as a compromise. The contractor discussed making the panels smaller. Having the same number of panels but smaller. Making 6 foot section be 4.5 feet and keeping 4 x 7 and a static east facing message during the evening.

Bunting moved, Ihli seconded a motion to authorize those changes as discussed; a smaller static sign area (4.5' instead of 6'), a 4 x 7 message board, 10 second intervals, and a static east facing sign in the evenings.

Bell discussed the capability of the unit being quite bright and asked the owner to take into account the brightness of the sign during the night. The contractor informed the Council the unit has an automatic dimmer.
Motion carried 4-0.

Staff noted the City Attorney will draft the amendment to the agreement so that the owner can proceed with the sign.

7.02 Denial of a Request by Massage Envy for a Sign Standard Adjustment to Allow Signage on the Rear of the Building (Resolution No. 2012-61)
Planner Grittman addressed the Council regarding the request by Massage Envy for a sign standards adjustment to take a portion of the signage allowed on the front and move it to the rear of the building.
Grittman stated one tenant does have signage on the north wall, and it is not clear to staff how that was allowed. The applicants were notified they could pursue a PUD amendment. The idea of obtaining a PUD amendment was discussed, but this is the process they chose to follow. The Planning Commission considered this at their meeting, and they felt the PUD amendment process would be the appropriate process to follow. As a result the Planning Commission recommended denial of the sign standard adjustment; recommendation of denial is based on inappropriate process.

Doug Karon, partner with 101 Market Place, addressed the Council regarding the request stating the original request was not for a PUD amendment. The request is to have signage on the back of the building. Mr. Karon stated the complex used to have two pylon signs along the highway; after the storm only one was replaced. The tenant was told there could be signage on the north wall prior to the merger. Mr. Karon stated they have no intention at all of putting this to other tenants; Massage Envy is a big tenant to them.

Bell stated the recommendation from the Planning Commission is that the request follows a different process, not that it wouldn't be allowed or considered.

Bell moved, Ihli seconded a motion to deny the sign standard adjustment as per the Planning Commission's recommendation, Resolution No. 2012 – 61, A Resolution Denying a Sign Standards Adjustment at 14165 James Road Regarding the Installation of a Wall Sign for a Retail Tenant in the 101 marketplace, a Planned Unit Development Project.
Stanley asked about the process for a PUD amendment. Grittman stated the PUD amendment can proceed in a single stage; Planning Commission first and Council second. The PUD amendment does call for a public hearing.
Bell stated the adjustment seems fine but needs to go through the appropriate process.
Mr. Martin stated the Planning Commission believes it would allow approval from here on; straightening out the process.
Bunting likes the idea of what the Planning Commission has done, other tenants may have an interest in doing the same. Nobody has an issue with the sign, it's the process that was taken.
Motion carried 4-0.

7.03 Approve the Job Description and Post for the Position of Police Administrative Assistant
Chief Beahen addressed the Council regarding the opening in the Police Administrative Assistant Position. Beahen stated he is seeking approval to post internally for the position. Beahen described some of the duties of the position.

Ihli moved, Bell seconded a motion to approve the Police Administrative Assistant position description with authorization to post internally for the position of Police Administrative Assistant. Motion carried 4-0.

7.04 Approve the Job Description and Advertise for the Position of Fire Technician
Chief Feist addressed the Council regarding the request to approve the position description and authority to advertise for the position of Fire Technician.

Stanley moved, Bell seconded a motion to approve the position description for Fire Technician and authorized the advertisement. Motion carried 4-0.

7.05 TenK Solar Non-Binding Letter of Intent
Public Works Supt. Seifert addressed the Council regarding the non-binding letter of intent from tenKsolar. Seifert provided a brief explanation on the benefit of buying the power from the power generated on-site. Seifert continued to provide background on the solar project being considered.

Bell questioned, in talking about the RAC being handled separately, what is the financial scenario for the RAC if this were to happen; up-front costs and annual costs.

Seifert stated the approach is still to be a zero cost utilizing grants and cost sharing.

Bunting stated he has a few key points to talk about, this is a non-binding agreement. For him, this is not a "Green" decision, this is a financial decision; how does this impact the taxpayers of Rogers. This is not a government subsidy. It is one of those programs that if we don't take part in it, somebody else will. Financially this makes a great deal of sense. Bunting stated he sees a double benefit on the RAC building by insulting the roof from solar penetration.

Ihli, as a Council we are assigned a task of looking at the future, this is a good step moving forward to save the City some money.

Bunting stated his number one concern is making sure we are doing the right thing for the City of Rogers.

Stanley stated she is comfortable because it is a non-binding agreement.

Seifert stated this step allows them to further develop the project and get it better aligned with assumptions.

Bell stated that the idea of moving ahead with a non-binding letter of intent is a safe one at this point. When it comes to actually approving it, it will be after his tenure. He is not a financial guy, not a solar guy, but this is something that strikes him as "too good to be true". He asks staff to dig in deeply and try to anticipate what those future costs are; at the end of a lease agreement or at the end of a warranty. The caution he has is nobody knows about this right now and not able to do the financial assessment the way we would like to.

Seifert revisited the next steps in the process. Tonight staff is seeking approval of the letter of intent.

Ihli asked the timeline on the whole process. Seifert stated the grant application process is in the next 30 to 45 days.

Stanley moved, Ihli seconded a motion authorizing staff to enter into a non-binding letter of intent with tenKsolar. Motion carried 4-0.

8. Other Business
8.01 Thanking Medline for Donation
Bunting stated he added this as a statement regarding Medline; Medline donated the piece of equipment to the City to use to accommodate a disability on Election Day. Bunting thanked Medline for their donation.

9. Correspondence and Reports
9.01 October, 2012 Police Report

10. Adjourn
Bell moved, Ihli seconded a motion to adjourn at 7:57 p.m. Motion carried 4-0.

Respectfully submitted,

Stacy Doboszenski
Assistant City Administrator/Clerk