1.  Call to Order.  The regular meeting of the Council of the City of Rogers was called to order by Mayor Grimm on Tuesday, May 11, 2010 at 7:00 p.m. at Rogers Community Center, 21201 Memorial Drive, Rogers, MN, 55374.

Council present:  Rob Bell, Jay Bunting, Jamie Davis, Jason Grimm, and Steve Rauenhorst.

Staff present:  Jeff Carson, City Attorney; Stacy Doboszenski, Assistant City Administrator; Brad Feist, Fire Chief; Jeff Luther, Police Chief; John Seifert, Public Works Supt.; Steve Stahmer, City Administrator; and Bret Weiss, City Engineer.

2.  Open Forum. 
Mary Schlegel addressed the Council regarding the sales of picnic tables in her front yard on Main Street.  Schlegel stated they have had their home business since 1974; wood working business.  Schlegel stated in 1992 she stated their business became incorporated.  The selling of picnic tables is seasonal.  The rest of the business is done out of the shop and are not sold from the front yard.  Schlegel stated they would like to continue their home business and would like to know what they need to do to continue the business.  Schlegel believes their home business was grandfathered in.

Administrator Stahmer stated he spoke with Ms. Schlegel yesterday.  The key points are:  the property is in an R2 zone which requires a conditional use permit for home occupation, however home occupations are a retail use.  Stahmer stated the house record is silent to anything dealing with the business.  Stahmer questions whether or not the sign ordinance would apply in this case.   Also, the use pre-dates the zoning ordinance which may make it a legal non-conforming use.

Attorney Carson asked for a written letter from Schlegel outlining the facts she just stated for staff’s reference.

3.  Presentations. 
     3.01  Staff Recognition Program - RWAS
Liquor Operations Manager Buysse addressed the Council regarding the successful passing of alcohol compliance checks.  On April 23, 2010 Margie Overby and Karen Doty at RWAS and Deanna Martini at the Rogers Municipal on-sale successfully passed an alcohol compliance check.  On May 1, 2010 Lisa Parendo at RWAS also successfully passed and alcohol compliance check.

Motion by Davis, seconded by Rauenhorst to award the aforementioned employees.  Motion carried 5-0.

     3.02  Certificate of Commendation awarded to the City of Rogers and its Wastewater Treatment Facility Staff
Seifert addressed the Council regarding the award being presented to the wastewater treatment plant and its operators.

Dan Janish was introduced to the Council as the lead operator for the City’s Utility Department and the award was presented to the City Council.  Less than 200 plants across the state receive the award.

4.  Approve agenda.
Additions to Other Business: 
 8.01  Discussion for Code Enforcement Request – Rauenhorst

5.  Consent Agenda.
     5.01  Approval of Minutes from April 27, 2010 City Council Meeting
     5.02  Approval of Bills and Claims
     5.03  Approval to Cancel the June 8, 2010 City Council Meeting due to lack of quorum
     5.04  Approval of Proclamation Declaring May 14, 2010 as Poppy Day

5.01 was pulled by Rauenhorst and Bunting.

Motion by Bell, seconded by Davis to approve the consent agenda less 5.01. 
Grimm announced Poppy Day on May 14th and asked residents to support Veterans on that Day.  Grimm also stated the Council is cancelling the June 8, 2010 City Council meeting due to Council traveling to Washington D. C.  Motion carried 5-0.

Motion by Bell, seconded by Davis to approve 5.01.
Grimm asked for a typo correction in the minutes; “bond” to “bind” on page 3.  Motion carried 3-0-2; Bunting and Rauenhorst abstaining.

6.  Public Hearings
None.

7.  General Business
     7.01  Appointment of Councilmember to the I-94 Chamber Coalition
Grimm introduced the item of appointing a councilmember to the I-94 Chamber Coalition.  Davis nominated Bunting to serve on the committee.
The meetings occur quarterly and last approximately one hour from 3:00 to 4:00 p.m.

Rauenhorst moved, Davis seconded to have Bunting and Bell serve as Council appointed members to the I94 Chamber Coalition.  Motion carried 4-1 with Bunting voting no.

     7.02  Authorize City Attorney to prepare policy relating to violation of Minnesota Liquor laws
Attorney Carson and Doboszenski provided background information on a prior draft resolution providing for a policy to be used when establishments fail an alcohol compliance check.
Discussion on incorporating training into the policy as a condition violators must meet.
Luther addressed the council on the liquor compliance checks currently being conducted by the police department as part of a Hennepin County grant.
There was discussion by Council on adopting the policy as it was written in 2001, or modifying it.  Attorney Carson proposed some modifications to the draft resolution.
Grimm stated he would like to hear from the offenders what they are doing to correct their issues.
Attorney Carson stated if there is no criminal conviction of illegal sales, then the policy is not triggered.
Council discussed having offenders/establishment owners appear before the Council.
Attorney Carson stated what he has seen is there is a process for the business to appear before the Council, if the Council so chooses.
Bunting would like to see what most cities are doing and get examples to have a better understanding.
Rauenhorst asked at what point does the Council hold people responsible for their behavior.
There was continued discussion on having the Council consider an appeal process.
Davis is inclined to agree with Rauenhorst on this issue; the fine should be what it is.

Attorney Carson stated he will write up a policy for Council consideration.

Grimm commented on quit looking at what everyone else does and start making our own policies.

Motion by Bell, seconded by Bunting to authorize the City Attorney to prepare a policy, enacted by ordinance, imposing penalty for those establishments who do not successfully pass a compliance check for the dispensation of alcohol.  Motion carried 5-0.

     7.03  Fiber Optic Infrastructure
              • JPA with ISD 728
Seifert reported City staff has been working on fiber optics for a SCADA system and provided background information on the fiber optic infrastructure project proposed.  Seifert stated the Joint Powers Agreement (JPA) would utilize the existing school system to loop the project to include a city portion of the system.  Seifert reported the draft JPA has been reviewed and amended by the City Attorney and will be sent to the LMC for their review and comments, as per League policy.

Bell asked for a breakdown of cost savings, if possible.

Motion by Bunting, seconded by Davis to forward the draft Joint Power Agreement (JPA) for Fiber Optic Facilities to Independent School District 728 (ISD728).  Motion carried 5-0.

     7.04  Pay Differential Proposal
Luther reported Rogers Police Officer (School Resource Officer) Brandon Wegner has been called to active duty and is scheduled to be deployed on June 29, 2010, to the Mideast.   Luther explained State law allows, but does not require, cities to pay the difference in pay between the employee’s regular wages and the amount of money the military pays the employee while they are activated.  The pay differential for Officer Wegner would be offset by the cost savings of the City not paying his health insurance since he will be covered until the military’s health insurance during his deployment.  Luther requested that Officer Wegner be paid $835 per month for differential pay for the eight months of his deployment.

Motion by Rauenhorst, seconded by Davis to approve the pay differential as recommended by Chief Luther.  Motion carried 5-0.

Stahmer later stated the intent was to approve a pay differential of $1745 per month. 
Rauenhorst amended his previous motion, Davis seconded to pay Officer Wegner $1745 per month.  Motion carried 5-0.

     7.05  Hennepin County Telecommunications Tower Site Selection Process
Engineer Weiss provided a presentation on the site selection for the Hennepin County tower.  Weiss recommended not placing the tower at the well no. 5 site.  Weiss provided views of the tower at various locations.
Council discussed ruling out the County Road 81 site.  Also discussed was the 13 acre parcel in the process of being acquired, however the site is located within Hassan Township.

Bunting stated, at this point his preference would be to put it by city hall/public works. 
Bell stated he would prefer a monopole tower.  Seifert addressed the zoning of the city hall/public works site and this use is consistent with the zoning.

Motion by Bunting, seconded by Rauenhorst to direct staff to look at the site of public works/city hall for a monopole tower.  Motion carried 5-0.

     7.06  Establish Working Group Related to Outstanding Veit Issues 
Stahmer stated staff is looking for two council members to meet with staff regarding outstanding Veit issues.

Grimm moved, Davis seconded a motion to appoint Bell and Bunting to the working group related to outstanding Veit issues

Rauenhorst volunteered to be an alternate councilmember to the working group.

Grimm amended his motion to be Bell and Rauenhorst and Davis seconded the amendment.  Motion carried 5-0.

8.  Other Business.
     8.01  Weeds in Fletcher Hills over a foot long.
Rauenhorst informed Council and staff of weeds in Fletcher Hills and dump trucks leaving dirt on the residential streets and requested Code Enforcement to follow-up on the issues.

Luther addressed the Council stating the City has been divided into four quadrants to focus on per month on pro-active issues dealing with Code Enforcement.  At the Council’s direction Luther stated he will make sure these issues are follow-up on. 

Council suggested when handing out building permits, to remind the contractors of what is expected for cleaning up after themselves.

9.  Correspondence and Reports
     9.01  April Police Report
     9.02  Joint Planning Board Update from the April 14, 2010 Meeting
Maureen Stanley provided a brief update of the ongoing Joint Planning Board meetings. 
No action was taken.

10. Adjourn
Motion by Bunting to adjourn at 8:14 p.m. 

Respectfully submitted,
Stacy Doboszenski
Assistant City Administrator/Clerk