1. Call to Order.  The regular meeting of the Council of the City of Rogers was called to order by Acting Mayor Davis on Tuesday, May 25, 2010 at 7:00 p.m. at Rogers Community Center, 21201 Memorial Drive, Rogers, MN, 55374.

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

Staff present: Jeff Carson, City Attorney; Stacy Doboszenski, Assistant City Administrator; Rose Lorsung, City Planner; Jeff Luther, Police Chief; John Seifert, Public Works Supt.; Steve Stahmer, City Administrator; and Bret Weiss, City Engineer; Lisa Wieland, Finance Director.

2. Open Forum. 
No persons addressed the Council during open forum.

3. Presentations.  
   3.01  Rogers Lions Club – Rockin’ Rogers Days

Paul LeClaire of the Lions Club addressed the Council on the upcoming events of the Rockin’ Rogers Day.  LeClaire stated over $1 million has been raised and put back into the community.  Thanked Council for the support and looks forward to continuing the relationship.

Davis questioned the citizen of the year process.  Stahmer stated staff will work with the Lions Club to bring the selection forward.  LeClaire stated the selection will need to be made within the next two weeks.

   3.02 Audit Presentation and Acceptance of 2009 Audit
Finance Director Wieland introduced Andrew Berg from Abdo, Eick, & Meyers auditing firm.  Berg reviewed portions of the audit management letter with Council.  Berg reviewed trending in both revenues and expenditures along with peer group comparisons.

Bunting questioned if just metro cities were used, would the numbers be significantly different than cities from across the state.  Berg stated he doesn’t think it would be substantially different.
Davis asked if the data is available to compare only metro versus outstate.  Berg stated if they are interested in specific cities, he would be able to extract that data.  Council was interested in the data and requested the information be forwarded to staff.

Berg continued through the management letter discussing the various funds of the city including the debt service and enterprise funds; water, sewer, storm sewer, on-sale liquor, and off-sale liquor.

Berg asked Council for any specific questions.

Motion by Bunting, seconded by Bell to accept the 2009 audit as presented.  Motion carried 4-0.

4. Approve agenda.
Additions to Other Business: 
 8.01  Fire Department – Bunting

5. Consent Agenda.
   5.01 Approval of Minutes from May 11, 2010 City Council Meeting
   5.02 Approval of Bills and Claims
   5.03 Reschedule August 10, 2010 City Council meeting – Primary Election date
   5.04 Approval of a 4 Day Temporary On-Sale Liquor License for the Rogers Lions at 21201 Memorial Drive and the North Community Park for June 24th - June 27th
   5.05 No Parking Request – Hisco Open House
   5.06 JV Field Project
   5.07 Rogers Activity Center Advertising Marketing Contract
   5.08 Scope of Services for the Master Park Plan
   5.09 Authorize Execution of Agreement with Financial Crimes Services
   5.10 Request to Waive Community Room Rental Fee for Brandon Wegner

5.10  Davis questioned if the event for Brandon Wegner will be a community event.  Luther stated it is being presented by the VFW and Lions Club and is open to the public; Sunday, June 13, 2010 from 2:00 p.m. to 5:00 p.m.

Motion by Bunting, seconded by Rauenhorst to approve the consent agenda.  Motion carried 4-0.

6. Public Hearings
None.

7. General Business
   7.01 2010 Equipment Certificate Bond Sale

Wieland handed out the results of today’s bond sale and introduced Dave Callister of Ehlers and Associates.  Wieland stated the version of the resolution to be used tonight is the Bank Placement Resolution.  Wieland stated favorable rates were received for a total bond sale of $370,000.  Callister then addressed the Council explaining the bond sale and why there was not a rating.  Callister stated bids were received and US Bank out of Fairmont was the low bidder with an interest rate of 2.23% with a reduction of issuance cost.  Callister stated the rate is a good rate for a short five year term.  Callister stated the projected closing date is June 27, 2010.

Council thanked staff for their work on the bond sale.

Motion by Bell, seconded by Bunting to adopt Resolution No. 2010-17, A Resolution Awarding the Sale of $370,000 General Obligation Equipment Certificate, Series 2010A; Fixing Its Form and Specifications; Direction Its Execution and Deliver; and Providing for its Payment.  Motion carried 4-0.

   7.02 Adopt Ordinance No. 2010-03, An Ordinance Adding to Section 125-1, 125-35 and 125-36 and Amending Sections 125-193, 125-194, 125-195, 125-196 Related to Interim Use Permits, Home Occupations and Extended Home Businesses and Summary Ordinance No. 2010-03
Planner Lorsung addressed the Council on the ordinance being forwarded from the Planning Commission accomplishing the creation of an interim use policy and creating a better policy for home occupations.  Lorsung provided background on the recommended ordinance.  The Planning Commission asked staff to review traffic and parking requirements and some changes were made to the ordinance upon review.

Bunting questioned, on page one, the five year period of the grandfathering of Hassan properties.  Lorsung explained the rationale behind the five year period explaining how the properties are currently licensed with Hassan Township; a similar process to what they are currently doing.

Bunting questioned section two, number two (any change in the structure).  Lorsung clarified the intent of the section.

Bunting questioned section three, letter b, relating to being denied the home occupation; who is the board of adjustments and appeals?  Lorsung explained the Council acts as the Board of Adjustments and Appeals.

Bunting questioned section three, letter d, if trailers are allowed.  Lorsung stated she will review the zoning. 

Bunting then questioned signage for home extended businesses.  There was continued discussion on signage for the home extended businesses.  Council discussed amending the ordinance to allow for signage.

Motion by Bunting, seconded by Rauenhorst to adopt the Ordinance with an amendment to allow a one (1) square foot sign for home extended businesses.  Motion carried 4-0.

   7.03 Call Special Council Meeting to Award the CSAH 81 Project on June 4th prior to the Ground Breaking
Engineer Weiss addressed the Council on the request for a special meeting on June 4, 2010 to award the CSAH 81 Project.  Weiss then reviewed the complications with the bidding process.  Weiss explained the federal funding requirement and Hennepin County language requesting a form to be submitted one-half hour before the bid opening; only four of nine bidders submitted the aforementioned form.  The two lowest bidders did not submit the requested form.  The bid is to be awarded to the lowest responsible and responsive bidder.  In consulting with the attorney and MnDOT, the advice is to accept the bid from the lowest responsible and responsive bid, which increases the bid by $126,000, still significantly lower than the engineer’s estimate and what was anticipated to be spent on the project.  Weiss stated the request is to hold the meeting on June 4th.

Motion by Bunting, seconded by Bell to call a special meeting of the City Council for 2:00 p.m. on June 4, 2010 at the Rogers Plaza parking lot, or community room if inclement weather.  Motion carried 4-0.

   7.04 Scope of Services and Timeline for Ordinance Updates
Planner Lorsung explained the scope of services presented by Pulse Land Group for necessary ordinance updates to handle properties as they are annexed into Rogers and the necessary comprehensive plan amendments.  Lorsung explained that additional zoning districts will need to be adopted as part of the process.

Davis asked for the definition of large lot.  Lorsung stated there are a number of designations within Hassan for large lots.
 
Stahmer added these ordinance updates were not part of the contact for the comp plan done through HKGI contract.

Bell commented on the meshing of Hassan’s zoning with Rogers, and remembered specifically not accepting the large lot zoning districts.  Lorsung explained once large lot single family is adopted.  Also to be looked at is a large animal ordinance.

Stahmer stated staff can do some research on the minutes to see why large lot zoning districts at one time were being avoided.

Motion by Bunting, seconded by Rauenhorst to authorize the scope of services with Pulse Land Group for $5400.  Motion carried 4-0.

   7.05 Approval of Resolution No. 2010-18, A Resolution Annexing Property (Matthew Agrimson) From the Town of Hassan into the City of Rogers (MBA Docket OA-992)
Planner Lorsung addressed the Council on the petition before the Council for early annexation of the Agrimson parcel. Lorsung explained the process for early annexation.  Agrimson was present, but had no comments or questions.

Motion by Bunting, seconded by Bell to adopt Resolution No. 2010-18, A Resolution Annexing Property (Matthew J. Agrimson) from the Town of Hassan into the City of Rogers (MBA Docket OA-992).  Motion carried 4-0.

8. Other Business.
   8.01 Fire Department - Bunting

Give staff the leeway to discuss the service area of the fire department by starting discussions with other jurisdictions around the City.
Davis questioned if staff should be revisiting the rate structure built into the fire contracts.  Doboszenski stated the letters to the cities are typically sent in July.  Council consensus was to allow staff to begin the discussions.

9. Correspondence and Reports
   9.01 Update on Transportation Task Force
   9.02 CIP – Police Vehicle Purchase
   9.03 Rogers Park Board Minutes
   9.04 March 2010 Financial Reports

10. Adjourn
Motion by Bunting, seconded by Bell to adjourn at 7:58 p.m.  Motion carried 4-0.

Respectfully submitted,
Stacy Doboszenski
Assistant City Administrator/Clerk