1. Call to Order.  The regular meeting of the Council of the City of Rogers was called to order by Acting Mayor Bell on Tuesday, June 14, 2011 at 7:00 p.m. at Rogers Community Center, 21201 Memorial Drive, Rogers, MN, 55374.

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

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

2. Open Forum. 
Susie Newman and Jenny Hanson, Oakwood Drive:
Ms. Newman addressed the Council stating there has been a lot of talk amongst neighbors for a number of years about the safety of Oakwood Drive.  We have been concerned and have talked about a number of things we could do.  We have approached the Police and asked for patrol on Oakwood Drive. Ms. Newman talked about her 3 year old son trying to cross the road and a close call with a mini-van.  She also discussed a young man who killed her neighbor’s dog.  This should not be happening on a residential road.  People are not paying attention.  Ms. Newman described a number of things they have taken upon themselves to try to calm the traffic.  Ms. Newman talked about speed bumps.  She stated that they have talked about paying for their own speed bumps.  Hopefully after talking with the City Administrator in the next week or so, it may give some resolution.  Homeowners are willing to pay to get a speed bump.

Jenny Hanson stated her driveway would be a perfect opportunity for the police to sit and clock the speed of the traffic.  Traffic is gunning it to get to the next stop sign.  Would be willing to pay an off-duty police officer to sit and radar traffic.

Bell thanked them both for presenting the issue to the Council.  Bell stated he is confident the staff will work with them to find a solution.

3. Presentations. 
3.01 Recognition of Rogers High School Athletic Accomplishments.
Administrator Stahmer introduced Paul Gustafson of the Rogers High School.  Mr. Gustafson addressed the Council commenting on the great year of sports at the Rogers High School.  Coaches and players of each team were introduced starting with State Championship Team; Holly Sutton for girls soccer.  Ms. Sutton addressed the Council and stated she is representing the team.  She commented on the season and thanked the school for the trust they gave her to coach the team.

Mark Franz, head football coach, 2nd place football team was introduced.  Mr. Franz addressed the Council and introduced Bjorn Bloom, Charlie Hines, and Derek Veiter; 3 out of 4 captains of the team.  Mr. Franz thanked the City of Rogers for the support they give the school district and the school. 

Jeremy Digiovani, girls basketball coach addressed the Council and thanked the City for inviting them tonight.  He introduced Morgan Eskstrom, Maria Loslund, and Shelby Beech; three seniors from Rogers.  He stated this is the third state tournament appearance since the school opened 8 years ago.  Mr. Digiovani congratulated the girls on their hard work and thanked the City of Rogers for their support.

Megan David, head coach of the Rogers Dance team addressed the Council.  Ms. David stated the dance team was not one of the original sports when the school opened.  Parents fought hard to build the team.  The team has won four conference championships in the last four years.  Natalie Gannon and Laura Donnelly were introduced as captains of the dance team.

The gymnastics team has a shared program with Elk River, but when the section play starts, Rogers becomes its own team.  The head coach Jen Bartlet was introduced to Council.  Ms. Bartlet stated the girls on their team have been three time conference champions.  Namely Sabrina Hoover who has come home with five gold medals.  Leah Peralt and Karen Stulfock were introduced as next years’ captains.  Ms. Barlet stated they appreciate the support from the City.

Mr. Gustafson commented on the boys golf team, stated the final round of play is tomorrow, with one of the students 2 strokes off the lead; number one ranked golfer in the state of Minnesota.

Acting Mayor Bell presented a certificate and keys to the City to the teams and Mr. Gustafson thanking them for their accomplishments.

4. Approve agenda.
The following items were added to Other Business:
8.01  Scheduling a work session for June 28th and direct staff to post a notice of a business subsidy hearing
8.02  Council retreat

5.   Consent Agenda
5.01     Approval of Minutes from May 24, 2011 City Council Meeting and Minutes from May 24, 2011 City Council Workshop
5.02 Approval of Bills and Claims
5.03 Approval of Resolution No. 2011-24, A Resolution Denying the Issuance of an Interim Use Permit to Thomas Spanier for the Bounce House
 5.04 Request to auction retired squad car
5.05 Approval of Temporary One-Day On-Sale 3.2 Non-Intoxicating Liquor License to Mary Queen of Peace for Their Family Fun Day on Sunday, July 10, 2011 and a Temporary One-Day On-Sale 3.2 Non-Intoxicating Liquor License for Their Annual Fall Festival on Saturday and Sunday, September 24 and 25, 2011, both events held at 21304 Church Ave
5.06 Approval of Minnesota Lawful Gambling Permit to Conduct Excluded Bingo for Rogers-Hassan Senior Friendship Group, Inc. for Bingo on August 15, 2011 and Nov. 21, 2011 at Cabela’s, located at 20200 Rogers Drive
5.07 Authorization for Second Monitoring Well at North Community Park
5.08 Wellhead Protection Scope of Services
5.09 ROADS 5K Run
 5.10 Brookside Storm Sewer Repair
5.11 Approval of Resolution No. 2011- 26, A Resolution Authorizing the Purchase and Sale of Real Property
5.12 Approval of Agreement to Provide Ingress/Egress and Parking Easement
5.03 was pulled by Ihli.

Ihli moved, Bunting seconded to approve the consent agenda less 5.03.  Motion carried 4-0.

Ihli asked if a zoning change is what is needed on the Bounce House.  Planner Lorsung stated Mr. Spanier was given the option of either doing an interim use permit or a zoning amendment to the text of the industrial zoning district to allow the use as a conditional use and along with the amendment, apply for the conditional use permit.  Since the last meeting, Lorsung has tried both by phone and email to discuss options available to Spanier.  Lorsung discussed the conditions placed on the interim use permit by the Planning Commission.  The City has not heard back from Mr. Spanier.  According to the statute, we prepared the denial resolution.

Ihli moved, Bunting seconded a motion to approve 5.03.  Motion carried 4-0.

6. PUBLIC HEARINGS
None.

7. GENERAL BUSINESS
7.01 Staff Recognition Program – RWAS and Rogers Municipal
Liquor Operations Manager Buysse addressed the Council recommending Jeremy Miller and Susan Milless be awarded the recognition program award for successfully passing a compliance check on May 25, 2011.

Bunting moved, Ihli seconded a motion authorizing the award.  Bell thanked the employees.  Motion carried 4-0.

7.02 Receive Bids and Award Contract for 129th Ave. Reconstruction Project
Engineer Weiss addressed the Council on the bids received for 129th Avenue.  Weiss stated staff is recommending awarding the contract along with landscaping option number two.  Weiss proceeded through the different types of landscaping options available.  Weiss then discussed the funding for the project.  The project will start in July with substantial completion in November and an assessment hearing in October.

Weiss stated six bids were received, with the successful low bidder of Fehn.

Bunting agreed to go with the option of alternate two for landscaping.  Bell concurred and asked that the landscaping be properly maintained.

Bunting moved, Stanley seconded a motion to accept bids and award the project to Fehn Companies, Inc. using the base bid plus alternate no. 2 in the amount of $1,502,215.38 for the 129th Avenue Reconstruction Project.  Motion carried 4-0.

7.03 Authorize WSB & Associates Proposal for Construction Services
Bunting moved, Bell seconded a motion authorizing construction services to be performed by WSB & Associates, Inc. in the amount of $198,620 for the reconstruction of 129th Avenue from Arthur Street to Brookside Lane.  Motion carried 4-0.

7.04 133rd Court Storm Sewer Project
Weiss provided an overhead showing the area being proposed for the storm sewer project.

Weiss explained the reason for the project and the landscaping that was done on an adjacent lot that may have contributed to the issue currently causing the water to come onto the property. 

Bunting questioned if this was a fault of the developer.  Weiss explained what may have happened at the time the original pipe was installed.

There was a discussion on the size of pipe being proposed for installation; 15 inches or 18 inches.

Seifert commented that it shows the importance of paying attention to the emergency overflows for storm sewers.

Council agreed the City cannot allow structures to start being affected by the water.

Bunting moved, Ihli seconded a motion authorizing City staff to obtain contractor quotes to install an 18” RCP pipe culvert and provide minor grading and sod restoration.  Motion carried 4-0.

Bunting moved, Stanley seconded a motion approving WSB fees not to exceed $5,000 for survey and engineering services with the payment for the work proposed to be paid from the storm water utility fund.  Motion carried 4-0.
 
7.05 Adopting Resolution No. 2011 – 25, A Resolution Confirming Offer to Amend Orderly Annexation Agreement of 2003
Administrator Stahmer provided background on the offer given by the Rogers City Council at the May 25th joint meeting with Hassan Township.

Staff is recommending the Rogers Council formalize and vote on the offer with the resolution provided in the packet.

For the record, Stahmer read from the memo the tax impact on a Hassan property; a 47% increase over the current Hassan rate.  The impact on a $250,000 home was approximately $329 per year; a 10.5% increase on a total tax bill.

A four year phase in would result in $551,000 expense to the City of Rogers; $919,000 if moved out six years. 

Stahmer stated he wanted to correct some misunderstandings that have been out in the media regarding the Rogers tax levy.  The actual operating levy for Rogers for 2011 is 11% lower than it was in 2007.  Currently the OAA has no phase-in of taxes included.  No specific negotiations.  Rogers staff believes a four year phase-in of ag/residential can be accommodated.

Staff then discussed the five points in the resolution:
1. Full annexation will be extended to July 1, 2012.
2. A tax “phase in period” to allow Hassan residence in the ag/residential zoning districts a four (4) year period for equalization of taxes (sooner only if rates equalize prior to year 4).
3. No commercial/ industrial tax phase in based on current services provided to the Hassan C/I businesses.
4. Provision for the employment of Hassan’s two (2) employees through 2012.
5. Nullification of the above terms in the event that Hassan levies less than 95% of the taxes levied in 2011.

Bunting stated he did not have a chance to be at the meeting and wanted to make a few points.  First and foremost, this is an agreement previously negotiated by elected officials of Hassan and Rogers and approved by both parties.  This City doesn’t have the need to offer up anything going forward.  In good faith, Rogers offered tax incentives for the people on the current Hassan Board.  Bunting stated he offers no apologies to the Hassan Town Board that this did not proceed as quickly as they wanted it to.  Going forward, it’s Bunting’s view that if this would happen to go to mediation, the mediator would look at this and say Rogers has done more than what was necessary; same with arbitration.  In his opinion he recommended putting the offer in this formal resolution.  If Hassan does not agree, then it comes back with 3 years; then 2 years; then 1 year, then 0 years.

Bell stated throughout the process he has a slightly different opinion than Bunting; thinks we should attempt to find a middle ground.  The concern to him, if going through the process with a portion of the law says we can, then do it with justification and in good faith.  He stated he still hasn’t been convinced there is a need; not opposed, but not a fan of the idea of four years.  If it were him making the motion then he would say three years.  He stated he is not going to oppose it, but going for four years to phase it in is more than fair to the citizens of Hassan given the situation.

Carson stated this resolution is acknowledging what the Council did on May 25th.  Carson also acknowledged the request by Bell to add the language “for taxes payable 2012” to point number five of the resolution.

There was a discussion on whether or not the Council actually voted on the motion.  Staff stated there was never a declaration that the motion passed by the Rogers Council.

Stanley clarified that we did not vote on it.  Questioned the need for the resolution; is it to solidify the intent of the Council on the 25th.  Staff stated yes.

Stanley stated she thinks we’ve stepped way over the line of compromise.  Not opposed to the resolution.  Thinks we’ve been more than willing to negotiate.

Carson stated the passage of the Resolution solidifies the negotiations.

Ihli stated we have given a lot to the process and hopes Hassan knows we are serious about this.

Bunting questioned if four years is what we want on this resolution.  Bunting stated we as a City do not have to do anything.

Stahmer added the final negotiations and acceptance has to be made by the Council and Board coming to an agreement.  The four years came from the two staffs and councils together.

There was discussion on Hassan’s movement since May 25th.

Carson wouldn’t characterize this as an offer, but solidifying the motion that was made by Rogers on May 25th.

Bunting moved, Stanley seconded a motion adopting Resolution No. 2011 – 25, Confirming Offer to Amend Orderly Annexation Agreement of 2003; with the added language “for taxes payable 2012”.  Motion carried 4-0.

8.  Other Business
8.01  Scheduling a work session for June 28th and direct staff to post a notice of a business subsidy hearing
Administrator Stahmer requested the Council conduct a work session prior to a business subsidy hearing and recommended combining it with an initial budget work session, June 28, 2011 at 5:30 p.m.

Stahmer also recommended authorizing staff to publish notice of a business subsidy public hearing for July 26, 2011.

Bunting moved, Bell seconded a motion to schedule a workshop session and budget meeting for June 28, 2011 at 5:30 p.m. at the Rogers Community Room.  Motion carried 4-0.

Bunting moved, Ihli seconded a motion directing staff to post a notice of a business subsidy hearing for July 26, 2011.  Motion carried 4-0.

8.02  Council retreat.
Stanley raised the question of having a council retreat.  Bunting stated he spoke with the Mayor and they were looking at the month of July on a Saturday morning. 

Staff will forward some dates and format for discussion.

9.  Correspondence and Reports
9.01  May Police Report
9.02  Engine 21 Loose Equipment Quotes
9.03  Single Axle Plow Truck Chassis
9.04  Park Utility Vehicle
9.05  Park Board Minutes from May 5, 2011
9.06  April, 2011 Financial Reports

No formal action taken.

10.  Adjourn
Bunting moved, Stanley seconded a motion to adjourn at 8:18 p.m.

Respectfully submitted,
Stacy Doboszenski
Assistant City Administrator/Clerk