1.  Call to Order.  The regular meeting of the Council of the City of Rogers was called to order by Mayor Grimm on Tuesday, January 11, 2011 at 7:00 p.m. at Rogers Community Center, 21201 Memorial Drive, Rogers, MN, 55374.

Council present:  Rob Bell, Jay Bunting, Jason Grimm, Rick Ihli, and Maureen Stanley.

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

Doboszenski administered the oath of office to Mayor Grimm and Councilors Ihli and Stanley.

3.  Open Forum. 
Dean Capps addressed the Council to formally invite the Council to the Rogers Community Law Enforcement banquet.  The banquet is March 12, 2011 held at the Rogers Community Center.  Capps provided background explaining purpose of the event stating it is their largest fundraiser each year and honor officer of the year.

4.  Presentations. 
4.01  County Commissioner Jeff Johnson to address City Council
Commissioner Johnson presented Hennepin County’s 2011 budget to Council.  Johnson stated the property tax levy and budget were both decreased in December representing two to three percent real cuts in spending.  Next year the cuts may mean some tough decisions and people might notice.

Mayor Grimm stated he appreciates the cuts and thanked Commissioner Johnson for the presentation.

4.02  Sheriff Rich Stanek to address City Council 
Sheriff Stanek was not present.

4.03  Lions Donation of $1000 for Dayroom Remodel Project
Chief Feist introduced the Rogers Lions for two donations for the City of Rogers.  The first donation is a $1000 donation presented to the City of Rogers for the dayroom project.
Chris Westre, President of the Rogers Lions Club presented the $1000 check to the Council.

4.04  Lions Donation of $5000 to the Park Fund
Dale Fuller, Park Board Chair accepted the $5000 on behalf of the City of Rogers.

Mayor Grimm and Council thanked the Council for their continued support.

4.05  Rogers Community Law Enforcement Foundation presentation on donation paying for freight for gifts to Brandon Wegner and his troops in Afghanistan
Gifts collected by Hassan Elementary students and families.
Brandon responded and the gifts showed up in time for Christmas.
Luther stated the students collected 15 paper size boxes full of items to be sent to the service men and women in Iraq.

5.  Approve agenda.
No items were added to the agenda.  Agenda was set as submitted.

6.  Consent Agenda.
6.01  Approval of Minutes from December 14, 2010 City Council Meeting and Minutes from December 29, 2010 Special City Council Meeting
6.02  Approval of Bills and Claims
6.03  Authorization to Execute Deed for Previously Vacated Road
6.04  Approve Renewal of On-Sale Liquor License for Applebee’s
6.05  Approve Renewal of On-Sale Liquor License for Broadway Bar & Pizza
6.06  Approve Renewal of On-Sale Liquor License for Guadalajara’s Mexican Restaurant
6.07  Approve Renewal of On-Sale Liquor License for Maynard’s Restaurant
6.08  Approve Renewal of On-Sale Liquor License for Wellstead of Rogers
6.09  Approve Renewal of 3.2 and Wine License for Angeno’s Pizza and Pasta
6.10  Approve Renewal of 3.2 and Wine License for Noodles & Company
6.11  Approve Renewal of 3.2 and Wine License for Cottage Grill
6.12  Approve Renewal of 3.2 and Wine License for Hong Thai Restaurant
6.13  Approve Renewal of Off-Sale Liquor License for Rogers Wines and Spirits
6.14  Approve Renewal of 3.2 Off-Sale Liquor License for Cub  
6.15  Approve Renewal of 3.2 Off-Sale Liquor License for Super America
6.16  Approve Renewal of 3.2 Off-Sale Liquor License for Target Super Stores
6.17  Approval of Resolution No. 2011-01, A Resolution Providing Municipal approval to the Issuance of a Minnesota Lawful Gambling Off-Site License to the Rogers Lions Club to Conduct a Raffle at the Rogers Community Room, located at 21201 Memorial Drive, on Thursday, March 31, 2011
6.18  Approval to Accept Donation to the Rogers Fire Dept. from Rogers Lions Club
6.19  Approval to Accept Donation to the Park Fund from Rogers Lions Club
6.20  2011 Park Board Member Appointments
6.21  2011 Hennepin County Electronic Proprietary Data Base Contract Renewal
6.22  Hennepin County Signal Light Agreement at CSAH 13 and South Diamond Lake Road
6.23  Authorization to Establish a Fixed Sewer Charge for a Temporary Residential Use at the Address of 21265 141st Avenue
6.24  Declaration of Restricted Covenants for the Wetland Mitigation at Hynes Road Re-Alignment Project
6.25  Approval to Accept Donation from the Residential Mortgage Group
6.26  Approval to Accept Donation from the Residential Mortgage Group
6.27  Approval to Accept Donation by the Rogers Community Law Enforcement Foundation

Bunting pulled 6.03 from consent agenda.

Bell moved, Bunting seconded a motion to approve the consent agenda less item 6.03.  Motion carried 5-0.

6.03  Attorney Carson addressed the Council regarding 6.03, and wants the Council to be aware the quit claim deed will be issued while at the same time receiving a license to operate the utility and drainage easements.

Bunting moved, Bell seconded a motion to approve 6.03.  Motion carried 5-0.

7.  Public Hearings
None.

8.  General Business
8.01  Staff Recognition Program – RWAS and Rogers Municipal
Buysse addressed the Council and recommended awarding two Rogers Wines and Spirits staffers for passing compliance checks.
Bunting moved, Bell seconded a motion to authorize granting the award to Brian Fleischer and John Haack.  Motion carried 5-0.

8.02  Planning Commission Appointments
Stahmer addressed the Council regarding the openings on the Planning Commission and read from the staff memo:
The Planning Commission has recommended that the following applicants be appointed to the position of Planning Commission for the listed terms, subject to any review/interview and discussion by Council:
   1.  Carl Knapp – Planning Commissioner, term to expire December 31, 2012  
   2.  Lori Ende – Planning Commissioner, term to expire December 31, 2011
   3.  Carl Busch – Planning Commissioner, term to expire December 31, 2011
   4.  Bernie Terhaar – Alternate Planning Commissioner, term to expire December 31, 2013 
One alternate position remains open with one applicant to be interviewed by Planning Commission in January as noted above.  The City will continue to publicize the vacancies and solicit applicants.

Stanley asked for clarification on the term for Knapp and Terhaar.  Stahmer stated that we had gotten out of step with one term and this gets us back in line with the ordinance.

Stanley moved, Bunting seconded a motion accepting the recommendation to appoint the following candidates to the position of Planning Commissioner (or alternate) for the terms listed below:
   1.  Carl Knapp – Planning Commissioner, term to expire December 31, 2012  
   2.  Lori Ende – Planning Commissioner, term to expire December 31, 2011
   3.  Carl Busch – Planning Commissioner, term to expire December 31, 2011
   4.  Bernie Terhaar – Alternate Planning Commissioner, term to expire December 31, 2013

Motion carried 5-0.

Grimm thanked the members stating the City appreciates their service.

8.03  Annual Appointment Process
Acting Mayor:  Bell stated he would take the position of Acting Mayor.
Bunting moved, Stanley seconded a motion appointing Rob Bell as Acting Mayor.

Official depositories:  Bell moved, Bunting seconded a motion setting the official depositories as stated in the packet.  Motion carried 5-0.

City Attorney:  Bunting moved, Stanley seconded a motion setting Carson, Clelland, and Schreder as City Attorney.

City Engineer:  Bunting moved, Bell seconded a motion setting WSB, Bret Weiss as City Engineer.

City Planner:  Stanley moved, Bell seconded a motion setting Pulse Land Group as the City Planner.  Motion carried 5-0.

Building Official/Fire Marshall:  Bunting moved, Stanley seconded a motion setting Metro West Inspections as the Building Official and Fire Marshall.  Motion carried 5-0.

Legal paper:  Council discussed legal paper and questioned the cost of legal notices and the circulation of both papers.
Bell moved, Ihli seconded a motion appointing North Crow River News as the City’s legal paper.  Motion carried 5-0.

Representatives to the Planning Commission:  Grimm recommended appointing the two former Planning Commissioners to the Planning Commission.  Bunting stated he would be the back-up.
Bunting moved, Bell seconded a motion appointing Ihli as the primary and Bunting as the secondary Council representatives to the Planning Commission.  Motion carried 5-0.

Representative to the Park Commission:  Meetings are held the 1st Thursdays of the month at 5:15 p.m.  Bell stated he would serve as the back-up.  Stanley offered to serve.
Bell moved, Bunting seconded a motion appointing Stanley as primary and Bell as secondary Council representatives to the Park Board.  Motion carried 5-0.

Arena Commission:  Grimm stated he would take back-up to the Arena Commission. Meetings are held the 2nd Monday of every month.  Bunting moved, Bell seconded a motion appointing Bunting as the primary and Grimm as secondary as Council representatives to the Arena Commission.  Motion carried 5-0.

Fire Relief representatives:  Stanley offered to serve.  Bell moved, Bunting seconded a motion appointing Grimm and Stanley to the Rogers Fire Relief Association.  Motion carried 5-0.

Senior Advisory Board:  Grimm moved, Stanley seconded a motion appointing Bunting to the Senior Advisory Board.  Motion carried 5-0.

Liquor Commission:  Bunting moved, Ihli seconded to appoint Ihli and Bell to the Liquor Commission.  Motion carried 5-0.

Transportation Task Force Committee:  Bell moved, Bunting seconded a motion appointing Bunting and Bell to the Transportation Task Force Committee.  Motion carried 5-0.

Police Commission:  Staff stated the Police Commission meets the 3rd Tuesday quarterly.
Bell moved, Bunting seconded to appoint Mayor Grimm and Stanley to the Police Commission.  Motion carried 5-0.

Annexation Task Force Committee:  Staff stated the next meeting is this Thursday evening.  Bunting moved, Bell seconded a motion appointing Ihli and Grimm to the Annexation Task Force Committee.  Motion carried 5-0.

Seifert addressed the Council regarding the opening for a City representative to serve on the Elm Creek Watershed Commission and stated the Elm Creek Watershed Commission meeting is a difficult meeting to make in the middle of the afternoon on the third Wednesday of the month in Maple Grove.  Seifert stated staff will continue to advertise for that opening.  Seifert stated that staff cannot serve on the Elm Creek Watershed Commission.

8.04  Award Bid to Pierce Fire Apparatus to Build One Triple Combination Pumper
Chief Feist addressed the Council on the request to award the bid for a triple combination pumper to Pierce Fire Apparatus.
Stahmer read the recommended motion to Council providing the explanation for the bid with a not to exceed price of $510,000.

Ihli moved, Bunting seconded a motion awarding the bid for one Triple Combination Pumper to Pierce Fire Apparatus for their low bid of $493,750  for the base bid, with the total cost of any additional equipment/change orders not to exceed $510,000 as may be approved by staff, and to authorize the Mayor Jason Grimm, City Administrator Steve Stahmer and Fire Chief Brad Feist to execute the contract.

Wieland stated she will be coming back to the Council this Spring with a financing package for approval at a later date.

Motion carried 5-0.

8.05  Liberty Property Limited Partnership Concept Plan
Planner Lorsung provided background information on the concept plan being presented on the property owned by Moen Leuer, 55 acres located on the west side of Brockton south of S. Diamond Lake Road.
Rick Weiblen with Liberty Property Limited Partnership addressed the Council and updated Council on who Liberty Property Trust is and stated he will have Tom Goodrum and Ed Farr update the Council on the project being proposed; 800,000 sq.ft. of industrial development on the 55 acre site.
Ed Farr thanked the Council for the opportunity to present the proposed project.  Farr provided conceptual illustrations to Council stating the product type would be a warehouse distribution center.

Members of Liberty Trust thanked staff for their feedback and direction.

Bunting thanked them for electing Rogers for this project.  Bunting stated the Council respects the Planning Commission’s recommendations moving forward.  Bunting commented on the project and necessary road improvements.  Bunting stated the only concern is the addition of entrances to Brockton Lane.

Grimm stated the project would fit nicely in the area; a good compliment.

No formal action was taken.

8.06  Proposal for Metropolitan Council Wastewater Treatment Facility Acquisition Study
Engineer Weiss thanked the Council for their confidence in his firm and the ability to continue on as the City Engineer.
Weiss proceeded with WSB’s proposal to move forward with the process to initiate conversations with Met Council.  Weiss stated information will be brought forward as conversations happen with Met Council.  The proposal is $7074 to prepare the study to initiate the discussions.

Bunting moved, Ihli seconded a motion to approve the proposal from WSB in the amount of $7074.  Motion carried 5-0.

8.07  Proposal for Engineering Services for preparation of a Feasibility Study for the Small Sludge Pond Decommissioning
Engineer Weiss addressed the Council regarding the small sludge pond that is out of service and no longer utilized by the City.  Weiss provided an explanation of his proposal.

Bunting moved, Bell seconded a motion authorizing WSB to provide professional engineering services related to the preparation of a Feasibility Study for the decommissioning of the Small Sludge Storage Pond at the Wastewater Treatment Facility.  Motion carried 5-0.

8.08  Proposal for Engineering Services for DNR Observation Wells
Engineer Weiss provided an explanation on the proposed engineering services for site, design, and construction of observation wells as directed by the DNR.

Grimm moved, Stanley seconded a motion to approve the proposal from WSB to provide professional engineering services related to the siting, design, and construction of the two DNR required observation wells.  Motion carried 5-0.

8.09  Proposal for Engineering Services for North Ground Storage Reservoir & Booster Pump Facility Design & Construction
Engineer Weiss provided a Powerpoint presentation on the proposed ground storage facility and booster pump facility.

Weiss stated in the years 2015 to 2020 the recommendation is to build a 5 mgd plant on the north side for water treatment.

Weiss stated the recommendation is to approve the proposal from WSB & Associates, Inc. in the amount of $114,557 for providing professional engineering services as they relate to the design of the ground storage reservoir and booster pumping facility.

Staff stated the funding source is WAC; fund 407.

Bunting asked if staff anticipates higher fees to residents because of this.  Weiss stated there is just under $2M in WAC at this time for the project.  Weiss stated the City has a majority of the funds in place.

Bell moved, bunting seconded a motion to approve the proposal from WSB to provide professional engineering services related to the Ground Storage Reservoir and Pumping Facility design and construction.  Motion carried 5-0.

9.  Other Business
None.

10.  Correspondence and Reports
10.01  Approval of Park Board Minutes – Nov. 16, 2010
10.02  December Police Report
10.03  November, 2010 Financial Reports

No action taken.

11.  Adjourn to closed session for discussion of internal affairs data relating to allegations of law enforcement personnel misconduct pursuant to Minn. Stat. 13D.05, Subd. 2 (A)(2).
Mayor Grimm adjourned the meeting to closed session at 8:25 p.m.

12.  Reconvene to Open Session
Council reconvened to open session at 11:37 p.m.

Attorney Carson read a prepared motion to Council for their consideration.

Bell moved, Grimm seconded a motion to proceed with the scheduling of a subsequent closed session on January 21, 2011 at 6:00 p.m. for the purposes of preliminary consideration of allegations against an individual subject to the Council’s authority pursuant to Minnesota Statute 13D.05, Subdivision 2(b), to be held at the Rogers City Hall large conference room, 22350 South Diamond Lake Road, Rogers, MN.  Motion carried 5 – 0.

Attorney Carson read a second prepared motion to Council for their consideration:  To conduct a subsequent closed session on January 25, 2011 at 8:00 p.m. for the purposes of preliminary consideration of allegations against an individual subject to the Council’s authority pursuant to Minnesota Statute 13D.05, Subdivision 2(b), to be held at the Rogers Community Room, 21201 Memorial Drive, Rogers, MN.

After a long period of silence, Grimm asked if anyone will be making the motion as stated by Attorney Carson. 

After another period of silence, Bell moved, Bunting seconded a motion to adjourn at 11:42 p.m.  Motion carried 5-0.

Respectfully submitted,
Stacy Doboszenski
Assistant City Administrator/Clerk