1.  Call to Order.  The regular meeting of the Council of the City of Rogers was called to order by Mayor Grimm on Tuesday, November 9, 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; Bret Weiss, City Engineer; and Lisa Wieland, Finance Director.

2.  Open Forum. 
Scott Adams asked for discussion of 5.09 and 5.12 of consent agenda.

3.  Presentations. 
None.

4.  Approve agenda.
The agenda was set as submitted.

5.  Consent Agenda.
5.01  Approval of Minutes from October 26, 2010 City Council Meeting
5.02  Approval of Bills and Claims
5.03  Moved to General Business
5.04  Moved to General Business
5.05  Consider Calling for a Public Information Meeting to Provide Update on Recent Transportation Improvements for 6:00 p.m. November 30, 2010 at Community Room
5.06  Set Budget Workshop for 11/23/10 at 5:00 p.m.
5.07  Approval of Resolution No. 2010-48, A Resolution Canvassing the November 2, 2010 Municipal Election Returns and Declaring Results pulled for discussion
5.08  Recommissioning Study Rogers Activity Center
5.09  Mailbox Installation - Territorial View 2nd Addition and King Estates pulled for discussion
5.10  Northridge Townhome Association Utility Easement – Fiber Optic
5.11  129th Trail Lighting
5.12  Adopt Ordinance No. 2010-06, An Ordinance Amending Ordinance No. 2002 – 02, An Ordinance Establishing Salary for Mayor and Council Members pulled for discussion
5.13  Schedule City Administrator Performance Review for November 23, 2010
5.14  Cancel the December 28, 2010 City Council Meeting
5.15  Approval of Resolution No. 2010-50, A resolution approving a Minnesota Lawful Gambling Exempt Permit for Rogers Lions Club for Bingo and Raffle for Their Booya Event on November 20, 2010
Rauenhorst moved, Bunting seconded a motion to approve the consent agenda less 5.03, 5.04, 5.07, 5.09, and 5.12.  Motion carried 5-0.

5.07 
Councilor Davis stated he will be abstaining for reasons he won’t disclose.
Rauenhorst moved, Bunting seconded a motion to approve 5.07.  Motion carried 4-0-1; Davis abstaining.

5.09
Rauenhorst asked why the City is paying for their mailboxes.
Seifert stated the development plans were approved with cluster mailboxes.  Seifert stated some escrowed funds have been used in the past to pay for these.  In these two projects that are left, there is a development plan and developer’s agreement, but there are not sufficient funds to cover these costs.  Doboszenski provided an explanation on the developments and the two developers being absent.
Adams asked why can’t we turn around and assess the property owners to do this. 

Jeff Carson stated the cost of the assessment would be more than the cost of the mailboxes.
Rauenhorst suggested approaching the residents and try to get something out of them.
Stahmer stated there are no home owners’ associations for these two developments.

Rauenhorst thinks the homeowners should be willing to participate; $50 per mailbox if possible.

Rauenhorst moved, Davis seconded a motion to table 5.09.  Motion carried 5-0.

5.12
Scott Adams knows the salary ordinance was discussed at the last meeting and given to staff but didn’t realize it would be coming forward.
Adams commented the ordinance could simply state a councilman or mayor could be absent up to two meetings per quarter and not receive a reduction in pay.  Right now, there could be multiple reasons for absence.

Davis stated he will personally respond to the “Jamie” rule, since this is what this is addressing.  Davis stated he doesn’t think he should be paid for the meetings he missed.  He talked about the number of meetings the rest of the Council has missed.  Davis stated it should be as simple as either you are there or you are not.  Davis also feels if the mayor is not at the meeting, the acting mayor should receive the difference in pay.  Based on this year alone had we gone to all or none, we would have saved about $2000 in missed meetings.

Rauenhorst stated he doesn’t have a problem with either you are here or you don’t get paid.

Grimm discussed the personal vacation time taken for Washington D.C. trips.

Attorney Carson is not aware of any other cities that pay per meeting; it’s salaried.

Bell stated the current ordinance works just fine; leave it alone.

Bell moved, Grimm seconded a motion to not adopt the ordinance proposed.  Motion failed 2-3 with Bunting, Davis and Rauenhorst voting no.

Rauenhorst moved to have staff come back with more information on what other cities are doing with more detail stating you have a responsibility to the constituents.
Bunting agrees with Rauenhorst, if the ordinance gets established within the next year.
Davis seconded the motion to table.  Motion carried 4-1; Bell opposed.

6.  Public Hearings
None.

7.  General Business
5.03 CSAH 81 Reconstruction Project Update and Change Order
Engineer Weiss addressed the Council on the series of change orders for the CSAH 81 project.
All change orders, over-runs, and work orders are processed through MnDOT. 
Staff is requesting Council to approve change orders 1-5, work orders 1-13, and over-run 1.
Weiss reviewed his memo with Council regarding the necessity of the various change orders, work orders, and over-run.

Rauenhorst asked if there is going to be a no U-turn sign in front of Rogers Plaza.

Weiss discussed having John Deere Lane in next year that would alleviate some of the problems.  Weiss stated it is a legal movement and until there is an issue he would not recommend the placement of a no U-turn sign.

Bell stated he thought the median would be a low enough or with a drive over curb for emergency vehicles.  Staff was not aware of that.

Public Works Supt. Seifert provided an update on the project.  Tomorrow, all final lifts will be completed.  One item for possible change order is tape for traffic markings.  The tape is temperature sensitive.  Other issues are hydro-seeding and permanent landscaping restoration.
It is scheduled for completion on November 15th.

Seifert commented on the yellow blinking light which is becoming the new standard.  Seifert provided an explanation of the yellow blinking light.

Bunting moved, Rauenhorst seconded a motion to approve change orders 1-5, work orders 1-13, and the over-run document number one with  TIF 1 as the funding source to pay for approximately $66,584.   Motion carried 5-0.

5.04  Consider Authorizing an application for SAM funding for CSAH 144/TH101 intersection improvements
Engineer Weiss stated when the item was placed on the agenda, staff was under the assumption this was an at-grade project for the intersection of County Road 144 and Highway 101.  Weiss stated staff met on Friday with MnDOT.  The SaM funding is interchange funding; approx. $40 million; $20M for metro area.  When staff met with the County and MnDOT, for what we thought would be a 2 – 3 million dollar project; MnDOT responded wanting to apply for an interchange at County Road 144 and Highway 101; stating they will score well on the application.  Jim Grubbe, Hennepin County, did state he would work to find some additional fund sources for this interchange project.  Weiss stated MnDOT eluded to having $6 million toward an interchange project and encourages the City to make application for the interchange with the intent of capturing $7 million.  Weiss stated in total it will be approximately a $23 million project taking 101 over 141st Avenue; lowering County Road 144 slightly and taking Highway 101 over the top.  It would create a separated intersection.  Weiss stated the only way to make it work financially is SaM funding, STP funds, MnDOT, County, and local share.  As staff has roughed it out, staff thinks it’s probably in the neighborhood of just over $3 for City and County share combined.  Staff was looking at $2.7 million to do the previous project, but may get by for less if everything works out.  Weiss stated it would be 2015 or 2016 money to be advanced for a project to be completed in 2014.

Bunting agrees with proceeding with application.  Rauenhorst concurred.

Bunting moved, Rauenhorst seconded a motion to authorize application for SaM funding for CSAH 144/TH101 intersection improvements.  Motion carried 5-0.

7.01  Approval of Resolution No. 2010-49, A Resolution Granting Final Plat Approval of Rogers Plaza Second Addition
Weiss provided a copy of the plat for Council review.  The reason for the plat was to accommodate ponding for the CSAH 81 improvements.  Weiss stated it was a great community effort by VanHeel and his partners to provide the ponding.  It also creates a one acre lot to be developed as shown on the plat.

Bunting moved, Bell seconded a motion to approve Resolution No. 2010-49, A Resolution Granting Final Plat Approval of Rogers Plaza Second Addition.  Motion carried 5-0.

7.02  Assessments:
          7.02.01  Muller Theater Assessments
Administrator Stahmer provided the background of the request by Muller Theaters asking for the restructuring of the assessments for the Muller Theater.  The recommendation is for a lengthened term without modifying principal owed.  Staff is not recommending a reduction in interest rate as requested by Muller.  Stahmer continued to review the points of his memo to include:
• The City has no outstanding debt associated with this project, nor any debt to which the special assessments are obligated
• The Muller Theater is seen as a community asset and, while still a private retail operation, one that serves as an amenity and a destination for the City
• The prospect of such a large, single-use building becoming vacant and remaining vacant for a long period of time (likely if the theater were to close its doors) would be a significant detriment to the City of Rogers and its economic development efforts.
For these unique reasons, staff believes the request deserves considerations by Council.

Mr. Muller was present to answer any questions of council.

Rauenhorst commented on it being difficult to have a theater close in town.  Rauenhorst stated he is comfortable going out 13 years.  Bunting and Grimm concurred.
Rauenhorst moved, Bunting seconded a motion to have the City Attorney draft an assessment agreement to extend the Muller Theater assessment 13 years.  Motion carried 5-0.
          7.02.02  NW Restaurant Group (Maynard’s)
Doboszenski provided an explanation of the request from NW Restaurant Group to have the assessments placed against Maynard’s Restaurant, for Rogers Drive Phase III improvements, reduced by $6,684.09.  Doboszenski stated the owners provided documentation of additional work performed by their private contractor to repair the north access that was improperly installed by the City’s contractor.  Doboszenski stated the owner and previous administration had an agreement regarding a reduction in assessments in exchange for the work to be corrected by the owner’s contractor, however staff was unable to find anything in writing.  Instead, staff asked Maynard’s to provide receipts/proof of the work performed, which they did.

Scott Adams commented from the audience on the amount of time which has lapsed.

Bell stated this should have been taken care of earlier.

Doboszenski explained the owner is prepared to pay off the two assessments against the property, but needs this issue resolved prior to paying off the assessments.

Grimm asked the amount of assessments being paid.  Doboszenski said approximately $70,000 on the WAC/SAC assessment and around $30,000 on the street assessment.

Adams provided comments on how this should have been handled.

There was a discussion between Adams and Seifert regarding the access to the property.

Rauenhorst stated he has a problem with paying.

Grimm stated he knows it was done incorrectly and knows the past history and past staff.

Bunting stated if this occurred now he would have issues.

Adams questioned the precedence being set and continued to comment on the issue.

Carson stated there are receipts showing amounts that were paid.

Bunting stated his anger lies in the inability to address the contractor.

Davis asked Attorney Carson if we are legally obligated to do anything in this matter.
Carson stated no, not legally obligated. 

Bunting moved, Bell seconded a motion to reduce the City of Rogers Levy No. 16191 by the amount requested; $6,684.09.
Motion carried 3-2; Davis and Rauenhorst opposed.

7.03  Consideration of Reviewing the Rogers Drive Speed Study Results
Weiss provided an update on the speed study done at the location of Rogers Drive between CSAH 144 and South Diamond Lake Road; particularly along the Cub and Lowes area.  Weiss stated the average speeds were 35 mph.
Weiss provided the following three options to Council:
  1. Accept the study and not change the current speed.
  2. Accept the study and ask MnDOT to do an official study.
  3. Post the speed at 35 mph.

Weiss stated regardless of which option the Council chooses, staff would like to proceed the looking at improvements for the intersection of Rogers Drive and Rogers Drive (in front of DQ).

Chief stated an accident occurred at that location yesterday in that area (Cub/Lowes) with significant property damage.  Most other accidents occur by DQ and at 144.

Bell gave his thoughts on driving what feels comfortable.  There was discussion on posted speeds and what is posted in residential areas.

Bell stated he wanted an understanding of what the current speeds are and would like to get the speed limit set at something higher than it is.

Davis questions what will happen when the retail fills up and more traffic is generated.  This led to continued discussion on what the speed should be posted at.

Bell stated we can set today at something that matches today’s characteristics then determine again in future when conditions change.

Council continued to discuss the speed.

Council consensus was not doing a MnDOT study.

Rauenhorst stated he does not want to see an increase in speed stating it is already difficult to get in and out of Lowes and Cub.

There was no action necessary.

Council consensus was to authorize staff to look at the Rogers Drive/Rogers Drive intersection for improvements.

7.04  Update and Direction from Budget Workshop
Council stated the consensus vote of 3-2 is to proceed with levy/rate option one as proposed by staff.

8.  Other Business
None.

9.  Correspondence and Reports
9.01  October Police Report
9.02  Auction of 2003 Dodge Intrepid

No action taken.

10.  Adjourn to closed session to discuss lease of city property; reconvene to open meeting.
Grimm adjourned meeting to closed session at 8:37 p.m.

11.  Reconvene to Open Meeting
Mayor Grimm provided an update from the closed session stating staff was directed to continue to negotiate with a tenant on City owned property.

12.  Adjourn
Mayor Grimm adjourned the meeting at 8:55 p.m.

Respectfully submitted,
Stacy Doboszenski
Assistant City Administrator/Clerk