1. Call to Order. The regular meeting of the Council of the City of Rogers was called to order by Mayor Bunting on Tuesday, April 9, 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; Brad Feist, Fire Chief; Steve Grittman, City Planner; John Seifert, Public Works Supt.; Stacy Scharber, Assistant City Administrator; Steve Stahmer, City Administrator; Bret Weiss, City Engineer; and Lisa Wieland, Finance Director.

2. Open Forum
None.

3. Presentations
3.01 Presentation by Mike Oliverius, Operations Manager, and Dr. John Lyng, Ambulance Medical Director of North Ambulance
Mike Oliverius addressed the Council and provided a powerpoint presentation on North Memorial Ambulance and the number of calls in the Rogers area.

Dr. John Lyng, one of three medical directors from North, also addressed the Council. Dr. Lyng addressed the response time of North to the Rogers area. Dr. Lyng addressed basic life support, advanced life support, and the immediate assistance from the dispatchers.

Councilmember Hall commented on a personal experience he had with North and thanked them for their service.

Councilmember Stanley asked if the response time has changed at all since the dayroom has been built-out at the Fire Department. Oliverius stated the response time has been consistent.

Council thanked for the presentation.

3.02 Presentation by our Elm Creek Watershed Representative – Kevin Jullie
Kevin Jullie was present to introduce himself to the Council and update the Council on the activity of the Watershed Management Commission. Jullie also wanted to inform the Council of upcoming changes in regulations and permitting through the Watershed Commission:
• Municipal separate stormsewer system permits (MS4)
• Total maximum daily load requirements
• Water management plan at Elm Creek Watershed
• 2012 project

Public Works Supt. Seifert also provided explanation on the various new regulations; specifically the MS4 permitting process. Jullie and Seifert also discussed funding for the Watershed and focused on how to become able to receive Legacy Tax Dollars.
Seifert stated there are financial impacts coming in the future and stressed the need for representation on the Commission.

Councilmember Jakel thanked Mr. Jullie for his representation of Rogers on the Watershed Commission.

Council thanked Mr. Jullie for the presentation.

4. Approve Agenda
The agenda was set as submitted.

Mayor Bunting stated that he is changing 7.03 to be heard before 7.01.

5. Consent Agenda
5.01 Approval of Minutes from March 12, 2013 City Council Meeting and Minutes from March 9, 2013 Council Goal Setting Session
5.02 Approval of Minutes from March 26, 2013 City Council Meeting
5.03 Approval of Bills and Claims
5.04 Request by Mary Queen of Peace Church for Site Plan Approval to Extend the Existing Agreement for the Temporary Classrooms, Located at 21101 Church Ave.
5.05 Approve a Proposal from WSB and Associates for the Preparation of a Feasibility Report for the Kinghorn Area Sanitary Sewer Improvements
5.06 Recreation Sponsorship Proposal
5.07 G & K State Contract Bid
5.08 HVAC Preventive Maintenance Agreement
5.01 pulled by Jakel
5.02 pulled by Ihli
5.06 pulled by Hall

Ihli moved, Jakel seconded a motion to approve consent agenda less 5.01, 5.02, and 5.06. Motion carried 5-0.

5.01
March 9th minutes were approved by consensus of the Council.
Ihli moved, Hall seconded a motion to approve the March 12th; Jakel abstained because of his absence. Motion carried 4-0-1.

5.02
Ihli and Hall were both absent from the March 26th meeting.
Stanley moved, Jakel seconded a motion to approve the minutes from March 26, 2013. Hall and Ihli abstained. Motion carried 3-0-2.

5.06
Hall asked that Seifert and RAC Manager Bauer provide additional explanation on 5.06.
Seifert stated the discussion at the Park Board was to look at how to fill a revenue stream that is not profit driven that provides a recreation opportunity to the community.

Bauer stated the total for the year is approximately $8,000 for all the events they would like to do in the parks.

Hall asked who the target audience would be for sponsorships. Seifert stated the local business community. Hall commented that this group would be talking to the same businesses that Prime Advertising is talking to for sponsorship at the RAC.

Jakel questioned what Prime Advertising does for the City and if they couldn't offer these services. Hall added comment stating he is looking at efficiency and streamlining and going through one company. Seifert stated that Prime Advertising was approached, however they do a 50% sharing.

Jakel asked if these programs are something that should be looked at more closely in the budget instead of asking for the same business owners to open their checkbook.

Bunting stated when it comes to programs offered by the City the City should be paying for those. Bunting would rather challenge staff to find the funds within the budget.

There was continued discussion on trying to find an internal funding source to provide the programs in the park as was done in the past.

Seifert stated he would bring the programs forward to the Park Board and then to the Council for approval.

Council clarified that these programs are important to the community.

No formal action was taken.

6. Public Hearings
None.

7. General Business
7.03 Fletcher Hills Villas Concept Plan
Planner Grittman stated the concept plan, if it moves forward from tonight, would be to amend the original PUD of Fletcher Hills Villas. Grittman stated the applicant is proposing to amend the PUD into 33 single family lots, instead of 33 detached townhomes, which would eliminate the open space, but remain at the same number of homes.

Grittman explained the process; concept review – not an approval/denial process, then preliminary plat and formal PUD approval which would require a public hearing at the Planning Commission level.

Grittman stated the Planning Commission has provided comment which is included in the minutes in the packet. Grittman also spoke on the zoning of the property stating this project would vary from the lot size standards. The proposed minimum being just over 7,000 square feet.

Grittman stated the primary concern of the Planning Commission is that by eliminating the common open space, we are moving away from the original PUD and departure from normal standards. Grittman further commented on the changes to the proposed concept plan and concluded stating the purpose of tonight's meeting is to get feedback from the Council.

Mayor Bunting invited the applicant forward; David Hinners of Gonyea Company addressed the Council. Hinners stated by platting it as single family lots, Gonyea Company believes they can get the project moving.

Jakel stated the R2 and R3 lot size was set for a reason for single family homes and those requirements should be met, in his opinion. Jakel applauds the applicant for coming up with an idea to make the project work but it is not something he believes is appropriate.

Hinners stated if Gonyea were starting this project from scratch, we would not be asking for these changes.

Bunting stated when changes were made to the original PUD with Christian, aesthetics were discussed. In the last month roughly, he has talked with 25 – 30 people who do not want to see lots for single family homes get that small. Bunting, stated he believes there is a need for detached townhomes as we grow older and have the ability to downsize. Bunting stated he does not want to see us take this step where we are allowing lots to be as small as 7,000 square feet. From his standpoint there would have to be some major changes for it going forward stating he doesn't want to see a $300,000 home on that small of a lot.

Stanley stated he concurs with the rest of the Councilmembers. Stanley commented on the 15,000 square foot lot size requirement in the Fox Creek Additions.

Hall stated he has trepidation on the lot sizes proposed and the side yard setback. Hall also commented on the utilities. Hall asked the applicant if the utilities can be moved. The applicant stated the utilities can be moved, however it is not economical.

Ihli echoed the concerns of the other Councilmembers and thanked the Planning Commission for their comments and work on this concept plan.

Bunting stated he believes the Council has provided their input. Bunting commented on the supply of lots available in the City and stated he would rather have the PUD stay as is.

Hinners of Gonyea thanked the Council for their time.

7.02 Brockton Interchange Update
Bob Schunicht, representing Värde Partners, addressed the Council and provided an update on the Stones Throw project. Over the past two years there have been some changes to the development and options were let go. The current development is 316 acres waiting for the interchange to be constructed. Schunicht stated he is working with staff to determine a fair share of the Rogers portion of the interchange cost. He would like to continue working with the cities of Rogers and Dayton for the TED grant.

Engineer Weiss stated Bob (Schunicht) has laid out some of the things he was going to discuss and stated Dayton has passed a resolution to request TED funding; similar to the program of CSAH 144 and 101. Their resolution is pending a resolution from the City of Rogers.

Weiss discussed how the project would be amended to be more affordable; a $16M project.
Weiss provided a presentation showing the benefitted properties from the interchange. Weiss stated before Rogers puts their resolution in place, we need to consider who is participating in the funding and highlighted the following:
Funding plan brought back before next meeting:
• Cost share with Stones Throw owner
• Approach to funding Rogers share
• Future adjacent road improvement costs
Risk considerations:
• Defined contribution not project sponsor
• No phase two responsibility
• Cost share provided at the time of bid letting

Councilmember Ihli asked on the potential amount of funding from the TED grant. Weiss stated typically $7 Million is the maximum grant that could be received. Weiss stated he believes the job will point out well for the grant application.

Ihli asked who else besides Rogers and Dayton would be a willing participant. Weiss stated Dayton and Rogers are the only two at this time and Värde Partners as the private entity (Stones Throw).

Jakel commented on the funding and discussing the project with the neighboring communities. Jakel also commented on Hennepin County and MNDOT involvement.

Weiss recommended tabling any action tonight regarding the resolution and bring it back to the next meeting after working out funding issues.

Bunting stated he agrees with tabling the resolution and thanked Bob Schunicht and Värde for their contribution for this project. Tabling makes sense until there is a defined dollar commitment from Dayton and solidifying the fair share commitment from Värde.

Bunting spoke on the local road improvements that would need to be made and also the benefitting properties. He also commented on something to be sensitive of; the people developing without the interchange now – such as Kinghorn.

Jakel moved, Stanley seconded a motion to table approval of the resolution supporting the TED application as recommended. Motion carried 5-0.

7.01 Approval of Resolution No. 2013-18, A Resolution Supporting the Enactment of Legislation Allowing the Development of Street Improvement Districts in Minnesota
Engineer Weiss provided background on the recommended resolution supporting legislation to allow the development of street improvement districts. Weiss stated if it passes, it doesn't mean we have to enact a street utility, but gives the opportunity to enact one in the future. Weiss continued to comment on street improvement districts and why they have not been previously successful.

Stahmer discussed revenue diversification for cities; stating he sees this as another tool in the tool box to find revenues when necessary.

Bunting stated it doesn't mean that we have to use it, but options are always good. Bunting stated he has no concerns with this.

Hall commented that this still needs to make its way through legislature.

Jakel moved, Hall seconded a motion to approve Resolution No. 2013-18, A Resolution Supporting the Enactment of Legislation Allowing the Development of Street Improvement Districts in Minnesota. Motion carried 5-0.

8. Other Business
None.

9. Correspondence and Reports
9.01 March Police Report

10. Adjourn
Stanley moved, Ihli seconded a motion to adjourn at 8:37 p.m. Motion carried 5-0.

Respectfully submitted,

Stacy Scharber
Assistant City Administrator/Clerk