1. Call to Order. The regular meeting of the Council of the City of Rogers was called to order by Mayor Bunting on Tuesday, March 12, 2013 at 7:00 p.m. at Rogers Community Center, 21201 Memorial Drive, Rogers, MN, 55374.

Council present: Jay Bunting, Don Hall, Rick Ihli, and Maureen Stanley.
Council excused: Darren Jakel.

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

2. Open Forum
None.

3. Presentations
None.

4. Approve Agenda
The agenda was set as submitted.

5. Consent Agenda
5.01 Approval of Minutes from February 26, 2013 City Council Meeting
5.02 Approval of Bills and Claims
5.03 Approval of Amendments to the Policy Regarding City Employee Participation in the Rogers Fire Department
5.04 Adopt Ordinance No. 2013-03, An Ordinance Amending Sec. 113-12. - Sign standard Adjustments of the Sign Ordinance and Summary Ord. No. 2013-03.
5.05 Approval of Minnesota Lawful Gambling Exempt Permit to Conduct a Raffle for the Ryan Harth Benefit on March 15, 2013 at the Rogers Community Room located at 21201 Memorial Drive pulled by applicant
5.06 Approval of Resolution No. 2013-12, A Resolution Providing Municipal Approval to the Issuance of a Minnesota Lawful Gambling License to the Rogers Lions Club to Conduct Bingo and Pull-Tab Sales at the Harvest Grill, Located at 21390 John Milless Drive
5.07 Approval of Resolution No. 2013-13, A Resolution Recognizing National Public Works Week for 2013
5.08 Approval of License Agreement for Cabela's Private Fiber Optic Line
5.09 Approval of the Planning Commission Terms and Appointment Policy
5.10 Authorization to Purchase LiveScan Device
5.04 pulled by Ihli.

Ihli moved, Stanley seconded a motion to approve the consent agenda less 5.04. Motion carried 4-0.

5.04 Ihli stated he pulled 5.04 for a housecleaning issue. Section 113-12 #3 should state, "....necessary to provide...". Ihli moved, Stanley seconded a motion to approve 5.04 with the correction noted. Motion carried 4-0.
6. Public Hearings
None.

7. General Business
7.01 Revised Developer's Agreement for Kinghorn/Clam and Approval of Resolution No. 2013-14, A Resolution Confirming and Approving Previously Authorized Subdivision, Conditionally Approving Site Plan, Clarifying Conditions for Issuance of Building Permit, and Conditionally Approving the Final Plat of Kinghorn Industrial Park
Assistant Administrator Doboszenski described the changes to the developer's agreement since the last approved agreement. Doboszenski stated the parties involved in the agreement have changed, and the revised paragraph 20, which was provided to the Council, allows the bank to finish the project in the event there was default by the developer. Doboszenski invited Engineer Weiss to speak on paragraph 11A; water service to the site.

Weiss addressed the Council regarding the agreement with Maple Grove and Dayton to have water available to the site for a five year fee of $20,000. Weiss stated he was planning on amending paragraph 11 A to reflect this, however the way paragraph 11 A is written still allows for this to occur and Kinghorn is comfortable with the existing language. Weiss stated he has talked with Kinghorn, and Kinghorn knows the City's expectations regarding the water main.

Mayor Bunting invited Grady Kinghorn forward. Kinghorn stated he agrees with the explanation by Weiss. He stated we finally got approval from Dayton/Maple Grove, and will use it as an insurance policy and hopes he can work with the City to make the necessary improvements to get water from Rogers. Kinghorn commented that he has been receiving calls from parties interested in his other property.

Hall moved, Stanley seconded a motion to adopt Developer's Agreement as presented; with the amended paragraph 20 as described. Motion carried 4-0.

Stanley moved, Ihli seconded a motion to adopt Resolution No. 2013-14, A Resolution Confirming and Approving Previously Authorized Subdivision, Conditionally Approving Site Plan, Clarifying Conditions for Issuance of Building Permit, and Conditionally Approving the Final Plat of Kinghorn Industrial Park. Motion carried 4-0.

7.02 2012 Year End Closing Activity
Finance Director Wieland addressed the Council regarding the 2012 year end closing activity and read from her memo included in the packet. Wieland highlighted the following:
• Eight transfers; four deal with bond funds with balances left in the funds. In order to close those funds there is a need to transfer the balance out of those funds.
• Three capital project funds to close out. Trail Haven capital project fund, Arthur Street, and 129th Avenue Wetland fund. Wieland stated the 129th Avenue Wetland fund can always be reopened when development comes back to that area.
• Wieland described a permanent transfer of $185,000 from general fund reserves to the RAC Fund 205 and stated the City will need to levy more in the future for the RAC.
• Wieland described the requested 2012 carryovers as stated in her memo.
• Wieland then discussed the proposed interfund loans.
• Wieland concluded with the closing of 10 different funds.

Hall commented on the memo stating he appreciates the work.

Stanley moved, Ihli seconded a motion authorizing the 2012 transfers, budget carryovers, and closing of funds as identified in the memo. Motion carried 4-0.

7.03 Fletcher Hills Villa Concept Plan
This item was removed at the request of the developer.

7.04 Authorization to Purchase Used Loader
Public Works Supt. Seifert provided pictures of the requested loader purchase. Seifert stated there are safety problems with current piece of equipment. Seifert stated this was initially programmed in 2015 for replacement. The funding is from two items in the 2010 equipment certificate that were never purchased and there is a requirement to spend those funds by June, 2013. Seifert further identified the funding sources as the water and sewer utility funds and unreserved cash from fund 400. Total cost after trade-in is $36,337.50.

Bunting stated he appreciates the sensitivity to costs regarding these large pieces of equipment and thanked Seifert for finding the used piece of equipment.

Ihli moved, Hall seconded a motion to authorize the purchase of the used loader, plow, bucket and loader attachments. Motion carried 4-0.

8. Other Business
None.

9. Correspondence and Reports
9.01 February Police Report
9.02 Transportation Task Force Minutes
9.03 Authorization to Purchase Squad Cars
Mayor Bunting clarified that the purchase of the squad cars was already authorized in the past under an equipment certificate.

10. Adjourn
Ihli moved, Stanley seconded a motion to adjourn at 7:32 p.m. Motion carried 4-0.

Respectfully submitted,

Stacy Doboszenski
Assistant City Administrator/Clerk