1. Call to Order. The regular meeting of the Council of the City of Rogers was called to order by Mayor Bunting on Tuesday, February 26, 2013 at 7:00 p.m. at Rogers Community Center, 21201 Memorial Drive, Rogers, MN, 55374.

Council present: Jay Bunting, Don Hall, Rick Ihli, Darren Jakel, and Maureen Stanley.

Staff present: Jeff Beahen, Police Chief; Gary Buysse, Liquor Operations Manager; Jeff Carson, City Attorney; Stacy Doboszenski, Assistant City Administrator; Brad Feist, Fire Chief; John Seifert, Public Works Supt.; Steve Stahmer, City Administrator; Bret Weiss, City Engineer; and Lisa Wieland, Finance Director.

2. Open Forum
None.

3. Presentations
3.01 Joyce Peppin
Ms. Peppin addressed the Council regarding some of the things going on at the capital. Peppin highlighted the following:
• A bill for the Three Rivers Park District; trying to make those positions elected positions.
• Trademark Protection Bill for small business protection.
• Fiscal Disparities; looking at legislation to try to find a way to make it more equitable. The Chair of the tax committee is in favor of making some changes. Peppin explained the difficulties in making changes to the current fiscal disparities formula. Peppin clarified that Rogers did pay the most per capita in fiscal disparities and it has more of an impact here. Working with legal staff to find ways to help address it the most locally. Understands that the current make-up of fiscal disparities is a problem.
• Brockton Ave. interchange and additional funding for 610.

Peppin explained the scene at the Capital and commented on the first time in at least 20 years that there has been complete control by one party. Peppin stated it creates a different climate, no way to stop what one party wants to do. There is a fear that there are not the checks and balances as there have been in the past. Peppin stated she has major concerns over the Governors tax proposals and urged the Council to pay particular attention on the business to business tax, accounting, and legal services – any contracted professional services that would have to be taxed. Peppin further commented on the tax proposals.

Peppin also commented on gun control legislation stating she doesn't think any of that will pass.

Peppin commented on the Insurance exchange, stating it is a result of the "Obama Care", and is concerned with the proposal because of how it is created, the cost to individuals and small employers and the large impact on the premiums that we pay. Peppin commented on the cost to set up the program; $150M to create a website; $60M per year going forward, and a proposal for 85 employees.

Finally, Peppin commented on a proposal going forward to do away with all tax deductions. One she would definitely like to see stopped.
Bunting stated he appreciates a lot of the areas Peppin is covering. Fiscal disparities is less of an impact since the merger, but we still need to have a cap or move the sunset date out a ways to lessen the impact; costing Rogers over $1M a year. Bunting stated he wishes her luck. Bunting thanked her for looking at Brockton Interchange. Bunting commented on the Gun issue stating one area that does concern him is the area of mental illness, something he would really like to see the government work out. Reduced mental capacity or some sort of mental illness should be the focal point of what is going through.

Peppin further commented on necessary changes to the fiscal disparities formula.

Council thanked Peppin for the presentation.

4. Approve Agenda
The agenda was set as submitted.

5. Consent Agenda
5.01 Approval of Minutes from February 12, 2013 City Council Meeting
5.02 Approval of Bills and Claims
5.03 Approval of Minnesota Lawful Gambling Exempt Permit to Conduct a Raffle for the Sherburne County Area United Way on April 5, 2013 at The Wellstead (The Crown Room) located at 20500 S. Diamond Lake Rd.
5.04 2013 Park Board Appointment
5.05 Authorization to Execute Playground Equipment Purchase for Erickson Park
5.06 2013 Snow Plow Policy Update
5.07 Approval of On-Sale/Sunday Liquor License for Potluck Catering, Inc. dba Harvest Grill
5.08 Request to Waive the Community Room Rental for Bill Tonn Benefit on March 15, 2013 and Approval of a One Day Temporary 3.2 Beer License for the Rogers Lions Club for March 15, 2013 for the Bill Tonn Benefit
5.09 Approval of Amendment to the Lynch Park Purchase Agreement

5.01 pulled by Hall.

Hall moved, Ihli seconded a motion to approve consent agenda 5.02 – 5.09. Motion carried 5-0.

Ihli moved, Stanley seconded a motion to approve 5.01. Motion carried 4-0-1; Hall abstaining because of his absence from the meeting.

6. Public Hearings
None.

7. General Business
7.01 Approve a Proposal for Appraisal Review Services Related to Completing the right-of-Way Acquisition Process for the TH 101 and CSAH 144 Interchange Project
Weiss provided background on the appraisal and right-of-way process and the steps involved.
Weiss stated part of the Federal process for acquiring right-of-way property is an appraisal review. The proposal tonight is for the appraisal review. WSB is recommending Kelly Lindstrom to do the appraisal reviews at $500 per property for a total of $7,000 for 14 reviews.

Jakel moved, Hall seconded a motion to approve the WSB proposal to complete the appraisal reviews for the TH 101 and CSAH 144 Interchange Project. Motion carried 5-0.

Weiss informed Council that WSB has started making contact with property owners regarding right-of-way acquisition.

7.02 Revised Developer's Agreement for Kinghorn/Clam
Attorney Carson stated the matter is going to be withdrawn from tonight's agenda. Carson stated following the work we did in creating the development agreement, the matter then went to the other entities involved, including the purchaser. Carson informed the Council that Clam is the tenant and not the owner of the property. Carson stated the general transaction remains the same.

Carson stated the Developer's Agreement will be back in front of the Council once it is finalized.
Council asked when they can expect to see it. Carson stated he anticipates it will be on the next meeting agenda.

Grady Kinghorn addressed the Council stating he is satisfied and Clam is satisfied too, however the attorneys need to work things out. The comment that they wanted to be moved in by June 1st was a real situation, they will now be moving twice. We are on board and we appreciate all that Jeff Carson has done to bring all four attorneys to the same page.

Ihli asked if Clam has found a place to move to. Grady stated they have.

8. Other Business
None.

9. Correspondence and Reports
9.01 Park Board Minutes
9.02 Elm Creek Watershed Management Commission Minutes - January 9, 2013
9.03 Wastewater Certificate of Commendation Award

10. Adjourn to Closed Session for the Purposes of Discussing Nuisance Abatement Litigation with City Attorney – Reconvene to Open Meeting
Bunting adjourned the meeting to closed session at 7:26 p.m.

Council reconvened from closed session at 7:54 p.m.

Attorney Carson recommended the following motion after hearing the background information in closed session:

Motion to authorize the City Attorney and Police Department to work on abating the nuisance property as discussed in closed session.

Jakel moved, Ihli seconded the motion as read by Attorney Carson. Motion carried 5-0.

Jakel moved, Ihli seconded a motion to adjourn at 7:55 p.m. Motion carried 5-0.

Respectfully submitted,

Stacy Doboszenski
Assistant City Administrator/Clerk