1. Call to Order. The regular meeting of the Council of the City of Rogers was called to order by Mayor Bunting on Tuesday, July 10, 2012 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.

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

2. Open Forum
Jennifer Hoppe, Clinic Manager and Mary Blomberg, MD, Clinic Director addressed the Council regarding the future Park Nicollet located at 13688 Rogers Drive by the movie theater.
They provided background information on Park Nicollet clinics stating Rogers will be the 18th metro clinic. They also discussed their involvement within the community and stated they will be creating approximately 40 jobs at the Rogers location. They stated Park Nicollet supports their communities by teaming up with local events and they are hoping to have a great presence in Rogers and are very excited to be here.

Mayor Bunting stated they are excited to have them and looks forward to a long relationship with Park Nicollet.

Council welcomed them.

3. Presentations
3.01 County Commissioner Jeff Johnson to Address Council
Jeff Johnson, Hennepin County Commissioner, addressed the Council. Johnson handed out 2012 County budget information to Council and provided a quick update on it stating Hennepin County did not increase their levy in 2012. Johnson also spoke on a pilot project he is trying to put together regarding surface water management for next year's legislative session. Johnson spoke on the 11 different watershed districts and how his proposal would have that number reduced to three with elected members instead of appointed members.
Johnson asked Council if they had any questions.

Bunting stated it is a victory to be able to hold things steady (levy) and appreciates his efforts and for him staying in touch with the edge of his territory.

No action taken.

4. Approve agenda
Mayor Bunting added item 8.01 under Other Business; naming a Mayor Pro Tem to fill in should he be absent.

5. Consent Agenda
5.01 Approval of Minutes from June 26, 2012 Workshop Minutes and June 26, 2012 City Council Meeting Minutes
5.02 Approval of Bills and Claims
5.03 Approval of Resolution No. 2012-33, A Resolution Granting Final Plat Approval of Brockton Meadows 4th Addition
5.04 Approval of a Request by Veit Companies for a Conditional Use Permit to Allow Two (2) Exterior Storage Tanks, Located at 20175 134th Ave. N.
5.05 Approval of a Request by Sand Companies, Inc. for a Conditional Use Permit for Outside Storage of Equipment, Located at 22851 Industrial Blvd.
5.06 Approval of Ordinance No. 2012-06, An Ordinance Amending to the City Code:
Section 2-230 thru 235 – Planning Commission rules and establishment
Section 121 - 57 – Subdivision Ordinance requirements for Park Dedication
Section 125 - 1 – Adding and Amending Zoning Ordinance Definitions
Section 125 - 30 – Administration of zoning and permit applications
Section 125 - 36 – Regulations governing Home Occupations
Section 125 - 226 – Establishment of Open Space Development "OSD" overlay district
Section 125 – 326 – Regulations governing keeping of livestock
Section 125 – 344 – Regulations relating to mining
Summary Ordinance No. 2012-06
5.07 Approval of Resolution No. 2012-34, A Resolution Granting Approval of DSI Revised Site Plan
5.08 Approval of 2012 Senior Recreation Programs
5.09 Authorize letter of Intent for Senior Congregate Dining Program
5.10 Authorize Building Automation Contract for RAC
5.11 Approval of Revised Adopt a Park Program Policy
5.12 Approval of Resolution No. 2012-35, A Resolution Requesting Approvals By The Minnesota Department of Transportation and Metropolitan Council of the I-94/Brockton Interchange Warrant Analysis
5.13 Reschedule the August 14, 2012 Council Meeting to Thursday, August 16, 2012
5.04 was pulled by Stanley, 5.09 was pulled by Ihli and 5.13 was pulled by Bunting.
Ihli moved, Stanley seconded a motion to approve the consent agenda less 5.04, 5.09, and 5.13. Motion carried 4-0.

5.09 Ihli stated this was pulled to make a statement. This item is on Senior Congregate Dining, something the seniors and staff have been working on for a year now with the help of Mike Bauer from Park and Rec. Ihli moved, Stanley seconded a motion to approve 5.09. Motion carried 4-0.

5.04 Stanley stated it wasn't clear on the site of the tank or the process; she expressed concerns over what is going in the tank, health risks, and fire related questions.
Chief Feist provided background information on the site owned by Veit on 134th Avenue.
The second phase of the project was used for storage and to manufacture rubber inserts for storm sewers. Because of the resin and the high quantity of rubber and plastic, the applicant hired Summit Fire Protection to provide a report to give the City necessary information such as emergency shut-offs. Feist also reported that the sprinkler room is being re-located to the front of the building and they are adding another hydrant to the site.
The architects were present and address the Council on the manufacturing process.

Stanley asked if there would be fencing around the tank. Applicant stated there is fencing around the entire site.
Stanley moved, Ihli seconded a motion to approve 5.04. Motion carried 4-0.

5.13 Bunting pulled to restate the time of the meeting to be 7:00 p.m. instead of 7:30 p.m. Bunting moved, Bell seconded a motion to approve 5.13. Motion carried 4-0.

6. Public Hearings
None.

7. General Business
7.01 Appointment to Open Council Seat (Swear in new member)
Administrator Stahmer stated with the resignation of Grimm on June 26th, Council appointed Bunting to Mayor and announced Bunting's council seat vacancy. Staff received seven letters of interest from Don Hall, Mike Iwanok, Darren Jakel, Jim Kelley, Gregg Peppin, Christopher Reilly, and Jim Sarkillahti.

Stanley stated in looking at the list, she probably knows a little better than half of the interested applicants. Out of that group, she has only seen a couple people at meetings for the last four, five, or six months. Those two individuals are Don Hall and Darren Jakel. She stated she would support appointing either one. She stated she wasn't sure if those that haven't been attending can jump in and fill the last six months of the term.

Ihli agrees with what Stanley stated and has an individual in mind.

Bell thinks it's great that there is interest in this position and agrees with Maureen regarding Don and Darren. Bell stated in this situation, having just annexed with Hassan, he thinks it would be good to give Hassan some representation by appointing Don Hall to Council.

Bunting stated he thinks it is difficult to step up to the position without experience, and that it is important to get people that are involved in the community – whether it is being involved with the school, rotary, or Lions. Bunting stated he knows he will be questioned regardless which way he would vote on this, but those running for office are the people who are most serious about wanting to fill this position. Bunting stated he understands that some people may think it will give an advantage to winning the election – maybe or maybe not. Bunting also talked about giving Hassan representation. Bunting stated when he looked at the list he saw several good candidates and will support Don Hall.

Ihli moved, Bell seconded a motion to appoint Don Hall to the open Council seat. Motion carried 4-0.

Hall will be sworn in at the July 24th meeting.

7.02 Rogers Fire Relief Benefit Level Increase (Resolution No. 2012-36)
Administrator Stahmer stated the item in front is a single resolution, but the purpose is two-fold; the first being to increase the per year pension from $2600 to $2750 and to accept the 2012 annual report. Stahmer provided background information on how the pension credit works for a vested firefighter who retires and discussed the funding that goes into the Relief Association.

Stahmer also stated in the past three years the city has been required to make an annual contribution. Stahmer stated if Council approves the benefit level increase, the 2013 city contribution will be less than the 2012 contribution. In future, moving forward after this increase, Stahmer is recommending that staff pursue a development of a policy that would address an inflationary type increase on an annual basis instead of sporadic larger increases. This would provide more on a standard planned increase so the fire fighters can plan on retirement and the Chief doesn't have to worry about a handful of long-time vested firefighters retiring at the same time. This is the recommendation of the fire relief board and the recommendation of City staff.

Bunting stated for him this is a very easy decision to make. The level of coverage this city has is outstanding when it comes to Fire, and saves the city money. Bunting stated the people that do the job do an outstanding job. Bunting likes the idea of doing this calendar year 2012 and likes the idea of setting an ongoing compensation change going forward.

Bell moved, Stanley seconded a motion to approve Resolution No. 2012 – 36, A Resolution Authorizing an Increase in the Annual Pension Benefit Level for the Active Members of the Fire Department from $2,600 to $2,750 for Calendar Year 2012 and Accepting the Pension Plan Report for the Year 2012. Motion carried 4-0.
Bell moved, Ihli seconded a motion to approve the 2012 Pension Plan Report. Motion carried 4-0.

8. Other Business
8.01 Bunting added Mayor Pro Tem. Bunting is requesting Council to consider Rob Bell as Acting Mayor.
Ihli moved, Stanley seconded a motion to appoint Rob Bell as Mayor Pro-Tem. Motion carried 3-0-1 with Bell abstaining.
Bell thanked Council.

9. Correspondence and Reports
9.01 June Police Report
9.02 Purchase of JD 6430 Tractor from State Cooperative Bid Package
9.03 May, 2012 Financial Reports

10. Adjourn
Ihli moved, Bell seconded a motion to adjourn at 7:36 p.m. Motion carried 4-0.

Respectfully submitted,
Stacy Doboszenski
Assistant City Administrator/Clerk