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 25, 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:  Shibani Bisson, City Engineer; Jeff Carson, City Attorney; Stacy Doboszenski, Assistant City Administrator; John Seifert, Public Works Supt.; Steve Stahmer, City Administrator; Bret Weiss, City Engineer; and Lisa Wieland, Finance Director.

2.  Open Forum. 

3.  Presentations. 
    3.01  Senior Advisory Board Update
Mary Lou Pfingsten, co-chair of the Senior Advisory Board addressed the Council providing an update on the Senior Advisory Board.  Ms. Pfingsten provided a handout on senior dining stating it is something that is badly needed.  Ms. Pfingsten stated the Advisory Board is asking for the Council to consider allowing congregate dining in the community room three days per week for 3 to 4 hours at a time.  The meals would be brought in, need to be heated, and disposable dishes would be used.  Ms. Pfingsten expressed the Senior’s flexibility should community room events cause the dining to be rescheduled.

Mayor Grimm stated the matter would be taken under advisement and thanked Ms. Pfingsten for her presentation.

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

5.  Consent Agenda.
    5.01  Approval of Minutes from January 11, 2011 City Council Meeting
    5.02  Approval of Bills and Claims
    5.03  Approve Renewal of 3.2 “Off-Sale” License for Holiday Station Store #307
    5.04  Acceptance of 2011 Pay Equity Report
    5.05  Approval of a Minnesota Lawful Gambling Permit to Hanover Crow River Lions to Conduct a Raffle on February 11, 2011 at the Wellstead of Rogers, located at 20500 S. Diamond Lake Road
    5.06  Authorize Staff to Consider Pursuit of Property Purchase for Utility Purposes
    5.07  Approval of Resolution No. 2011-02, A Resolution Clarifying TIF Note Payment to Opus Northwest, LLC
Doboszenski stated a few additional claims where distributed to Council for inclusion of bills and claims on consent agenda.

Bunting moved, Ihli seconded a motion to approve the consent agenda.  Motion carried 5-0.

6.  Public Hearings
    6.01  Conduct the Public Hearing and Authorize the Preparation of Plans and Specifications for the Reconstruction of 129th Avenue From Arthur Street to Brookside Lane
Engineers Weiss and Bisson were present to provide background information on the 129th Avenue reconstruction project.  Weiss stated a public information meeting was held about three weeks ago with invitations sent to over 300 homes in the area.

Ms. Bisson provided a Power point presentation identifying the purpose of the project, property owner concerns, proposed improvements, existing conditions, and median/design options.   Bisson stated the major concern of residents from the public meeting was driveway access restrictions with the median option along with drainage issues, property impacts, and assessments.

Bisson reviewed three alternative designs for the proposed project; center median, center turn lane, and round-abouts.  Bisson then reviewed funding and assessment options stating only those properties with current driveways and potential future access onto 129th are proposed for assessment; a proposed total assessment amount of $57,000.

Bunting asked Finance Director Wieland to address the use of TIF funds for this project.  Wieland stated TIF counsel is considering the legal eligibility for this project.  Wieland explained how TIF District No. 1 can fund this project.

Bisson continued to review the project schedule with Council.

Bisson asked Council to conduct the public hearing, close the hearing and consider either alternate one or alternate two.

Weiss stated easements would not be necessary at this time for construction of the road, but possible easements may be needed for the path on the north side of the road.

Weiss commented on access issues and assessments; assessing existing homes with driveways fronting 129th Avenue and deferring assessments for those properties that are to be developed.

Mayor Grimm opened the public hearing at 7:39 p.m.

Terry Pertl, 13155 Arthur Street.
Questions that have not been answered.  It seems like if we go ahead with the reconstruction of the road without fixing 129th and Main Street, it doesn’t address the bottleneck/choke point of the road.  Feels strongly the 129th and Main Street intersection needs to be fixed.
Another question is trying to get water from low points in the City to exit to the Crow River.  Pertl questioned water drainage in the area.  Why is the City doing some of the project without looking at all the components.  Pertl asked if there is money in TIF to do this project.

Wieland explained that staff has been prioritizing the needs of the City and how to best use the available TIF funds.

Stahmer stated the City has the funds for the City portion of the project.  The unknown is whether the City will use TIF or another available funding source to fund the project.  The specific financing package will be coming forward in March.

Bunting commented on 129th and Main Street and the involvement of the railroad.

Pertl stated he is not against fixing the road (129th Ave.), but why do the project without addressing the other items that need to be fixed.

Weiss addressed the Council regarding 129th Avenue and Main Street and the conversations the City has had with the railroad and possible improvements to the intersection.  Staff recognizes 129th and Main Street needs to be addressed.  Weiss commented on Arthur Street drainage improvements and is committing to a solution that will work before the project starts.
Weiss also commented on the various funding sources.

Chris and Meg Hasbrouck, 22201 129th Avenue
Residents for 24 years.  Concerns about the median on the road and have a serious impact for those with road frontage and driveways onto 129th Avenue.  To impose a median on the road, there needs to be consideration given to the current lifestyle; tractors and farm equipment going up and down the road.  Another impact of the median is access to the driveways and the need to take a u-turn for access to the current drives.  Mr. Hasbrouck understands the road needs to be kept up and maintained.  The road was never made to sustain the development traffic and trucks that impacted the road.  If money was received from the developers, then use that money to reduce the amount of the assessment.  Ms. Hasbrouck addressed the council on the assessment and how they were calculated.  Ms. Hasbrouck commented on 10 property owners who would bear the burden of the project when they are not going to benefit from it.  Hasbrouck commented on emergency vehicles and the median and the maintenance of the median by City employees.

Stahmer asked Engineer Weiss to comment on the amount being assessed versus the overall project cost.

Weiss addressed the items raised by the Hasbroucks.  For the eastern end of the road, the median would be eliminated between Brookside and the park.  Weiss stated he would look at those other properties to find a solution; cuts in the median.  Weiss commented on the farm equipment and the traffic calming of the median.  For those off the road, they spoke in favor of the project.  Regarding the assessments, $57,000 would be assessed out of a $2.3M project so a majority of the dollars are from other sources.  Developers would be paying in the future.  The road has to be replaced.  Assessments were calculated on a 24 foot wide road and 150 foot width; approximately $5700 per unit.  Assessments would be figured out based on the true benefit to the property owners.  Regarding emergency vehicles, they would find a way to get access.  They would close the road if necessary.  Maintenance would be handled by the City and the Council would have to decide if it is in the best interest to have the median.  Weiss addressed the existing trees and stated they would try to find a way to minimize impact to the property.

Mark Rupar, 13008 Brookside Lane,
Mr. Rupar stated he works for Leuer Farms who provide contracted plowing services for the City of Plymouth.  Rupar commented on a similar road in Plymouth stating the medians are hard on plow equipment, people don’t slow down, see people go on the wrong side of the street, and no place for the snow storage.  Believes one of the reasons they do the plowing is because the City doesn’t want to plow it.

Chuck Kinghorn, 21900 129th Avenue North
Thanked those who have come forward and commented and agrees with what has been said by others.

Becky Stumpf, 12980 Arthur Street
Here again to voice her concern and frustration to the drainage problem on Arthur Street and 129th Avenue.  We have been to the City Council 5 to 10 times without a solution.  Constantly frustrated and disappointed that we can’t get this done.   Ms. Stumpf questioned the City considering draining more water into 129th and Arthur Street.  The thought of voting on something today without solving a problem they have had for 8 years is disappointing. 

Weiss stated he is going to come up with some solutions, but it is going to take cooperation from people in the area because it will cause some disruption.  Weiss stated he understands the disappointment and staff has worked hard to mitigate the issues.  Weiss stated he is now playing catch-up and coming up with alternative solutions acknowledging access will not be granted at a reasonable price.  Hopefully next year at this time, Becky will not be here stating she is disappointed.

Terry Pertl
One thing talked about a few weeks ago, is not doing any of the widening.  Pertl suggested replacing the road at its current width and questioned if the Council has to vote on it tonight.

Grimm commented on 129th Avenue and Main Street stating we have been working on that for years.

Seifert commented on the need for the subgrade of the road to be repaired.

Bunting commented on the road being narrow and the number of cars that travel per day on the road.  It will be carrying more traffic and we will have to be doing something to repair the road; the alignment and the width.  Bunting stated it is imperative we address some of these issues stating the road is dangerous.

Pertl asked what makes the road dangerous in his opinion.

Bunting commented on the wintertime use; summer with people jogging along the road, dozens or hundreds that might walk that on the course of the day.  Bunting commented on the subsoil getting worse and things that need to be address.  Don’t have the money to do everything at once, but have potential ideas of connecting 129th with Industrial Boulevard.  This is just a segment of our long term plan.  Bunting commented on access issues and drainage issues; these are things the Council will want worked through before we get to the point we are putting a shovel in the ground.

Weiss commented on the need to build the road to state aid standards by using state aid funds.

Stahmer, there would still be the typical section that would be assessed even with a more narrow road.

Weiss stated when we do these projects, we are going to figure something out on Arthur Street and 129th and Main Street.  Believe we are getting projects accomplished that need to be accomplished.  Weiss stated there are a lot of projects on the books this year that we identified in December; it is up to the council to decide how they want to move forward.

Grimm called for further comments from the audience.

Bell moved Bunting seconded a motion to close the public hearing at 8:11 p.m.  Motion carried 5-0.

Council discussed the various design options.

Weiss stated there are two alternatives for consideration tonight.  In March, Council would consider ordering the project.

Bunting stated he and Bell have had more time with this project being on the Council and Transportation Task Force.  Bunting stated he favors alternative one.  Bunting then addressed both access and drainage.

Rick Ihli stated he is not a fan of the median.  As a citizen he would not want to have to make a u-turn.  Feels it is a scary idea to have the median.

Weiss commented on working something out for openings in the median to accommodate the left turns.  Staff is down to two spots that need to be dealt with.

Bunting commented on a design change to help the Hasbroucks.  Nothing we can do about the minimum width of the road.

Pertl asked the proposed speed limit after the changes in the road.

Weiss stated a speed study will need to be done on the road, we can’t set speeds; it is set at 30 mph but not by the formal process.  MnDOT would do a speed study.  Design calculations would be in the 30 to 40 mph range.

Pertl asked if some farmland is sold off, would heavy equipment be able to travel on the road.  Weiss stated the design would be to accommodate the traffic; a 9 ton design.

Bell stated the more he hears and looks at the various options; he can’t see putting the median in any place where driveways currently cross.  All the ideas of left turns and cut-throughs which originally thought were feasible; he doesn’t think it is anymore.

Weiss stated if the Council wants to move forward with the project, and have staff start with the design, we could bring back some hybrid type solutions for consideration at the next meeting.  Not a lot of additional cost or effort to do that.

Grimm stated that is where he sits; do need to move forward.  What does the Council need to authorize tonight.

Weiss recommended authorizing alternate two; at a lower price, and give staff direction to come back with some alternatives at the next meeting and deal with any additional costs at that point.  In order to meet deadlines, we would want to get the design authorized at this time and bring options back to Council right away.

Grimm stated he would like to see the options.  Council concurred.

Weiss suggested having a 5:30 public meeting prior to the next council meeting so the residents have the opportunity to see the proposed changes.  Council concurred.

Bell moved, Bunting seconded a motion to authorize WSB to proceed with design alternate two with options for a hybrid median.  Motion carried 5-0.

7.  General Business
    7.01  Consideration of Approving Resolution No. 2011-03, A Resolution Supporting the Functional Classification Change of CSAH 144 (141st Avenue N) to an A Minor Expander from CSAH 116 (Territorial Road) to CSAH 12 (Dayton River Road)
Weiss read from the staff memo regarding funding received for the 144/101 interchange project stating the City of Rogers recently applied and was awarded $9.2 million dollars of Mn/DOT Safety and Mobility funding toward a new interchange at TH 101 and CSAH 144.  Additional funding is necessary for this project and staff will be applying for STP federal funding in July.  It is necessary for the classification of CSAH 144 be an A minor in order to be allowed to use the Safety funds as well as apply for STP funding.  An application to the Met Council is being prepared to request a functional classification change of CSAH 144 from a B minor arterial to an A minor expander from CSAH 116 (Territorial Road) to CSAH 12 (Dayton River Road). 

Weiss stated this request is in line with the City of Rogers recently approved comprehensive plans and the NW Hennepin County transportation study.

Weiss stated the City of Dayton needs to consider this as well and is doing so at their meeting tonight.

Staff will be bringing more information back to the Transportation Task Force and the Council.  With STP funding, we need a local match and believes the SaM funds could be used as the local match.

Bunting moved, Bell seconded a motion approving Resolution No. 2011 – 03, A Resolution Supporting the Functional Classification Change of CSAH 144 (141st Avenue N) to an A Minor Expander from CSAH 116 (Territorial Road) to CSAH 12 (Dayton River Road).  Motion carried 5-0.

    7.02  Items Relating to Touch ‘Em All Carwash WAC and SAC
Public Works Supt. Seifert addressed the Council on the request for reduction to WAC and SAC for Touch ‘Em All Carwash.  Seifert provided background information stating the original calculations were 30.2 units of WAC and SAC.  A formal audit was requested to reduce the number of units that were applied to the property.

Seifert explained the audit performed on the three wash cycles available; taking an average of the three washes.  The audit on-site reduced the number of WAC and SAC down significantly; a credit of 8 WAC and 8 SAC units.

Doboszenski explained the new proposed levy and stated staff has used the new principal amount of $58,834.78 and applied the original interest rate of 6% and spread the assessment for five years (two years beyond the original assessment) to determine the new amortization schedule.  By removing the original levy for the years 2009, 2010, and 2011 it reduces the tax liability by a total of $46,556.61.  The new levy being recommended would commence in 2012 and run through 2016.

Grimm stated, based on the audit, he does not have any concerns.

Mike Howard and others representing 50% of the partnership team were present to address the Council.  Mr. Howard stated he feels Seifert has spelled out what we are looking for and agrees with the audit.  Howard stated they were naive when they started the business and feels they were unjustifiably assessed.

Seifert spoke on the economic incentive to have communities spread the assessment for WAC and SAC.  The proposal is to take the original term and extending it an additional two years.

Bell asked Seifert to explain the difference between usage and capacity.

Seifert provided an explanation on how the Council adopted the Met Council formula for determining the number of WAC and SAC units which is used for establishing the rates; the entire 7 county metro area is being done the same way.  Seifert explained some of the equipment has changed and chemical have changed resulting in less consumption with each wash cycle.

The owners confirmed that components of the equipment have changed since the original installation. 

Bell asked if the equipment does any recycling of the water.  Howard stated a reclaim system was denied at the time of building permit, so they are not doing any reclaim of the water.

Bunting moved, Ihli seconded a motion authorizing the City Clerk to prepare a resolution assessing WAC and SAC fees against Touch ‘Em All Carwash based on the 2011 amortization schedule provided; a five year assessment at 6% interest starting in 2012.  Motion carried 5-0.

8.  Other Business
None.

9.  Correspondence and Reports
None.

10. Adjourn to closed session to discuss land purchase – reconvene to open meeting
Mayor Grimm adjourned the meeting at 8:52 p.m.

11. Reconvene
Bunting moved, Stanley seconded a motion to authorize staff to enter into discussions with the property owner.  Motion carried 5-0.

Bunting moved, Stanley seconded a motion to adjourn the meeting at 9:23 p.m.  Motion carried 5-0.

Respectfully submitted,
Stacy Doboszenski
Assistant City Administrator/Clerk