1.  Call to Order.  The regular meeting of the Council of the City of Rogers was called to order by Mayor Grimm on Tuesday, June 28, 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:  Jeff Carson, City Attorney; Stacy Doboszenski, Assistant City Administrator; Brad Feist, Fire Chief; Rose Lorsung, City Planner; Mike Miller, Police Captain; John Seifert, Public Works Supt.; Steve Stahmer, City Administrator; Bret Weiss, City Engineer; and Lisa Wieland, Finance Director.

2.  Open Forum. 
Robert Pearson, 13005 Main Street
Mr. Pearson stated he is here to discuss the John Deere Lane Improvement.  He stated he has some comments in regard to the improvements.  As a result of the improvement, he would lose five to six parking stalls on the west side of Main Street.  Losing the parking stalls costs him money.  Mr. Pearson asked for the opportunity to speak on this item when it comes up on the agenda.    The Council informed Mr. Pearson that he will be given the opportunity to speak at that time.

3.  Presentations. 
3.01  Scott Lehner from CenterPoint Energy – Community Partnership Grant to the Rogers Fire Department in the amount of $1,150 to purchase a new defib unit
Mr. Lehner from CenterPoint Energy was introduced by Chief Feist.  Mr. Lehner stated he is an area manager with CenterPoint and is pleased to be able to go out to the communities to present these grants to local fire departments; Rogers is one of 82 communities to receive this type of grant.  Mr. Lehner then presented a check to the City.

Council thanked Mr. Lehner for the grant.

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

5.  Consent Agenda.
5.01 Approval of Minutes from June 14, 2011 City Council Meeting
5.02 Approval of Bills and Claims
5.03 Waste Water Treatment Plant Floating Aerator Replacement
5.04 Water Tower Cleaning Contract
5.05 Locating Contract for Fiber Optics– Citi Lights
5.06 Revise DORC for 129th Ave Wetland Restoration Project
5.07 Request by American Tower for Consent to Modify Equipment
5.08 Approval of Resolution No. 2011-27, A Resolution Granting a Conditional Use Permit Approval to Invesco Real Estate for the Property Located at 20195 South Diamond Lake Road (Great Northern Equipment)
Bunting moved, Ihli seconded a motion to approve the consent agenda.  Motion carried 5-0.

6.  Public Hearings
None.

7.  General Business
7.01  Nextera Wireless - Amend Contract
Seifert stated this item is brought forward by staff from the current lease holder of the water tower located at George Weber Drive.  Seifert provided background information on the equipment currently located on the tower and the current lease.  Additional facilities are being proposed which is allowed under the current lease with a lease amendment.  The market rate for additional antennas is $125 each. 

Bell asked what will be seen on the tower.  Seifert stated the dishes are below the handrail.

Bunting moved, Bell seconded a motion to authorize the amendment of the current site lease agreement to allow for the installation of two additional dish antennas at the George Weber tower location.  Motion carried 5-0.

7.02  Approval of Resolution No. 2011-28, A Resolution of Findings Related to a Moratorium on Teen Dance Clubs in the City of Rogers
Planner Lorsung addressed the Council regarding the moratorium findings reviewed by the Planning Commission.  At the next joint annexation/planning meeting, the committee will take a look at how to deal with these types of uses.

The Planning Commission would like the City Council to continue to research the appropriate zoning and ordinance language relating to teen dance clubs.

Staff recommended a resolution to Council for adoption.

Bunting commented that in talking with the police department, the current teen facility has done nothing but create problems.  Bunting stated he is in no hurry to allow this type of use within the City.  The negatives to allowing the use far outweigh the positives.

Ihli concurred with Buntings comments.

Bunting moved, Stanley seconded a motion to adopt Resolution No. 2011-28, A Resolution of Findings Related to a Moratorium on Teen Dance Clubs in the City of Rogers.  Motion carried 5-0.

7.03  Items Relating to the Extension of John Deere Lane Project:
• Approval of Resolution No. 2011-29, A Resolution Ordering the Improvements for the John Deere Lane (Main Street to CSAH 81)
Engineer Weiss addressed the Council on the extension of John Deere Lane.  Weiss provided a presentation on the project design.

Weiss commented on the proposed signal at the new intersection of John Deere Lane; cost sharing of up to $60,000 per property owner.  Weiss stated staff is still working with Hennepin County to get the signal approved noting that all warrants have been met.

Weiss commented on the realignment of John Deere Lane and moving the road slightly to the south on the west side of Main Street.  Weiss provided an explanation of where the current parking stalls are located at the Pearson building.   Weiss commented on the parking stalls and stated they are designed to have cars backing out onto John Deere Lane.   Weiss discussed an option of pull-through stalls, or use of the City Parking lot located south of the building.  Weiss stated he will meet with Mr. Pearson to discuss parking options, but would rather not reconstruct what is out there today.

Council and Pearson discussed the use of the City lot for parking and the possibility of the City paving the lot in the future.

Mr. Pearson addressed the Council and provided background information on the history of the building.  Pearson discussed his use of the current parking stalls.  At the present time he has a strong objection to the loss of the parking stalls.  Pearson stated by losing the parking stalls, it is going to cost him money.

There was a discussion between Pearson and Weiss regarding the design proposed for John Deere Lane.  Engineer Weiss stated the design shown on the screen comes straight from the feasibility report, to say there was no discussion on any improvement to the west is erroneous. 

Weiss stated the concerns raised by Mr. Pearson will be addressed with staff.  Weiss does not recommend reconstructing the current parking that Mr. Pearson has.  Weiss stated staff will report back to the City Council regarding the parking stalls, prior to awarding the contract.

Weiss reviewed estimated project costs of $836,000 and the funding sources; assessments and TIF.

Ihli stated he believes it is important to have the signal at the Rogers Plaza intersection.

Bunting moved, Ihli seconded a motion to adopt Resolution No. 2011-29, A Resolution Ordering the Improvements for the John Deere Lane (Main Street to CSAH 81).

Bell suggested phasing in the parking spaces for Mr. Pearson.  Bell stated he leans toward allowing the parking stalls until the property sells, or some similar creative solution is reached.  Motion carried 5-0.
 
7.04  Letter of Intent with Medline Industries
Administrator Stahmer stated this was the topic of discussion at the work session.  The letter of intent provides a framework for which the discussion will occur entering into the July 26th public hearing.

Bell suggested exploring options to reduce the amount of the subsidy.

Bell moved, Ihli seconded a motion authorizing execution of the letter of intent with Medline Industries.  Motion carried 4-1.

7.05  Approval of Resolution No. 2011-30, A Resolution Affirming the City’s Participation in the Office of the State Auditor’s Voluntary 2011 Performance Measurement Program
Stahmer stated the program for those cities participating exempts them from levy limits should it be proposed for 2012 and into the future.  It also makes cities eligible for LGA distribution. 

The exemption of levy limits would be a big benefit to the City.  Cities are trying to develop a common survey tool and will depend on the League of Minnesota Cities to create the tools.

Grimm stated he is in favor.  Bunting commented stating it is an insurance policy.

Bell moved, Ihli seconded a motion adopting Resolution No. 2011 – 30, A Resolution Affirming the City’s participation in the Office of the State Auditor’s Voluntary 2011 Performance Measurement Program.  Motion carried 5-0.

7.03  John Deere Lane Project Cont.
Staff informed Council an additional motion is necessary other than the adoption of the resolution, for the John Deere Lane project.
• Approval of the Plans and Specifications
• Authorize the Advertisement of Bids for the Extension of John Deere Lane from Main Street to CSAH 81
Bunting moved, Bell seconded a motion to approve the plans and specifications and authorize the advertisement of bids for the extension of John Deere Lane.  Motion carried 5-0.

7.06  Discussion of Hassan Annexation Tax Phase-In Counteroffer
Bunting asked if it would make sense to table this item until staff has a chance to present the financial impacts.

Carson stated he thinks it is a good idea, so that Council has all the information available before taking any action.

Bunting moved, Ihli seconded a motion to table item 7.06.  Motion carried 5-0.

8.  Other Business
None.
 
9.  Correspondence and Reports
9.01  Transportation Task Force Meeting Update
9.02  2011 CCR Brochure
No formal action was taken.

10.  ADJOURN
Bunting moved, Bell seconded a motion to adjourn at 7:50 p.m.

Respectfully submitted,
Stacy Doboszenski
Assistant City Administrator/Clerk