1. Call to Order. The regular meeting of the Council of the City of Rogers was called to order by Mayor Bunting on Tuesday, April 23, 2013 at 7:00 p.m. at Rogers Community Center, 21201 Memorial Drive, Rogers, MN, 55374.

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

Staff present: Jeff Carson, City Attorney; John Seifert, Public Works Supt.; Stacy Scharber, Assistant City Administrator; Steve Stahmer, City Administrator; Bret Weiss, City Engineer; and Lisa Wieland, Finance Director.

After the Pledge of Allegiance, the Mayor asked for a moment of silence to recognize those in Boston who lost their lives or were injured by the attack during the Boston Marathon.

2. Open Forum
None.

3. Presentations
3.01 Jeff Johnson - County Commissioner
Commissioner Johnson addressed the Council stating the County did a search and hired the Deputy County Administrator David Huff as the new County Administrator.

Johnson then reported on the new 911 center recently started construction stating the old one in a residential neighborhood in Golden Valley was built in 1940's. They broke ground on the workhouse property in Plymouth for the new center and it should be completed early 2014. Johnson called it a huge improvement over what they currently have.

Johnson handed out a card to the Council detailing the County's 2013 budget and briefly discussed it stating for 2014 they are requesting a 2% reduction over the 2013 budget. Johnson stated last year was a 1.5% property tax increase.

Johnson asked the Council if they have any questions or comments.

Bunting stated he believes today, the County Board voted on a downtown redevelopment study benefiting the City of Rogers. Bunting spoke on the downtown redevelopment study as being a priority of the Council. Bunting then discussed the fiscal disparities bill he and staff have presented before the house and senate tax committees. Bunting stated he would love to see from our County officials some pressure to help mitigate some of the taxes Rogers residents pay. Bunting stated the taxes in Rogers would be 34.4% lower if not for the fiscal disparities program. Bunting stated we are not on level playing field by not being on the metro system for wastewater treatment. Any help would be very much appreciated.

Johnson stated he would be happy to help in the future and commented that when he was in legislature, he carried a bill to eliminate fiscal disparities stating the program is not needed anymore. Johnson offered to help in 2014 with the fiscal disparities discussion.

Council thanked Commissioner Johnson for the presentation.

4. Approve Agenda
The agenda was set with the following additions:
Bunting added two items under other business regarding summer meetings; 8.01 and 8.02.

5. Consent Agenda
5.01 Approval of Minutes from April 9, 2013 City Council Meeting
5.02 Approval of Bills and Claims
5.03 Approval of Resolution No. 2013-19, A Resolution Removing Certified Assessment from PID # 23-120-23-11-0021
5.04 Approval to Hire for the PW Maintenance II RAC/Parks Position
5.05 Approve Scope and Fee for Public Safety Building Feasibility Study with HTG Architects
5.06 Acceptance of Youth Sports Grant from Hennepin County
Before voting on consent agenda, Mayor Bunting recognized James Waddick as the new hire in Public Works.

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

6. Public Hearings
None.

7. General Business
7.01 Approval of Resolution No. 2013-20, A Resolution Brockton Interchange of support for the Brockton interchange to be included in the TED application
Engineer Weiss provided a PowerPoint presentation regarding the conditions the Council discussed at the previous meeting prior to moving forward with the Resolution. Weiss reviewed those conditions with Council. Weiss stated regarding the cost share with Stone's Throw, the City has received a letter stating they will participate, and staff will have additional discussions with Varde (Stone's Throw) to formalize the funding proposed. Weiss stated he has spoken with Bob Schunicht tonight and he agreed for formalize their share of the funding.

Weiss stated he does not have an answer for adjacent road improvement costs which is a concern for both the City and for Hennepin County.

Weiss stated he has discussed with Dayton's consultant that we have a defined contribution, not be signed onto the project other than from a financial standpoint with a lump sum amount, and that we will not provide our funding until the time of bid letting.

Weiss stated the funding commitment necessary from Varde will be in the form of a letter of credit (LOC) to guarantee their commitment.

Weiss stated staff is asking Council to pass resolution of support with commitment not to exceed $2M which includes the commitment from Varde.

No questions from Council.

Bunting stated Council will be passing a resolution but understands obstacles to overcome from many standpoints.

Jakel moved, Ihli seconded a motion adopting Resolution No. 2013-13, A Resolution Brockton Interchange of support for the Brockton interchange to be included in the TED application.

Stahmer asked if Phase I is well enough defined in the resolution. Weiss suggested adding language to the resolution further explaining our understanding of what Phase I encompasses. Weiss suggested, if the City Council is okay with it, that staff could amend the resolution to include language as to what the City sees Phase I being; not including the auxiliary lane.

Jakel amended his motion to include the language, Ihli seconded the amended motion.
Jim Kelley asked what the one and two mile radius means. Weiss explained the radius and explained that it is for developing properties, not those properties that are already developed.

Motion carried 5-0.

7.02 Consider Authorization for Scope of Services for a Traffic Study Associated with the Area Northeast of I-94
Engineer Weiss recently met with a developer regarding a proposed development within the area northeast of I94, however he cannot share details on what the development is. Weiss discussed the City undertaking the traffic study that the proposed developer was going to do and do an upgraded transportation section of the EAW. Weiss stated there is value to the data that would be generated from the study.

Staff and Council discussed that by allowing the study to proceed, in no way does it put the Council in a position to approve a rezoning request by the developer.

Weiss stated the developer is comfortable with the number and the developer asked how fast the transportation study can be completed.

There was additional discussion regarding a concern that Council is leading the developer forward by allowing the study by WSB. According to Weiss, the developer stated they are going to spend the money to convince the City Council of the rezoning and they are happy to fund it.

Bunting stated it is important that it be put in writing to them that there are no guarantees to the rezoning request.

Jakel cautioned if the TED funding comes through and the different conditions with the interchange; how that could affect the study.

Weiss said the study would be conducted with the interchange and without the interchange; we can't assume there would be an interchange at this time. We would have an understanding of what the impact is to the City one way or another.

Jakel agrees clarification should be made; the transportation study is just that, the rezoning has to have its own merits.

There was discussion by staff on the timing of the study, a rezoning application being submitted, and the timing of the EAW.

Weiss stated the fastest the traffic study can be complete is the end of July. The EAW will not be complete until October 8th.

Stahmer further discussed the City's requirement to vote on a rezoning request within 60 days of receipt of application, with the ability to bump the request 120 days.

Hall stated the rezoning request has to stand on its own merits.

Council consensus is for staff to put in writing this in no way is a commitment by this Council that they will rezone anything.

Stanley moved, Ihli seconded a motion to approve the proposal and scope of services from WSB and Associates to complete a traffic study for the property located north of I94 and west of Brockton Lane at a cost not to exceed $95,000. Motion carried 5-0.

7.03 Authorization to Enter into a Cost Participation Agreement for Downtown Rogers Master Plan with Hennepin County
Administrator Stahmer stated as Bunting and Johnson discussed, we have been successful to identify a collaborative funding source for planning work. The intent of this project will be to develop a strategic implementation plan that will serve as a Downtown Master Plan for Redevelopment. This plan will:
• Identify goals and priorities of the City and the various stakeholder groups with regard to Downtown redevelopment
• Prioritize sub-areas within the Downtown area for targeted redevelopment efforts in an effort to guide acquisition (City or private)
• Create an implementation plan including financial feasibility analysis

Stahmer explained that the City holds the contract with the County to reimburse.

Ihli stated, this is a starting point to a project that has been discussed by many Councils before us and looks forward to it to see what the groundwork is going to look like.

Bunting stating this consistently came up as a priority of the City. A real downtown, not a fabricated one.

Hall questioned the RFP process with a designated budget of $50,000.

Staff stated the cost and deliverables that would fall within the $50,000 budget. Stahmer stated the County participation is capped at $37,500. We will have a majority of the base plan done for the $50,000.

Ihli asked if the City selects the consultant. Stahmer yes with input from the County and believes may have a targeted group of consultants to request proposals from that the County has some familiarity with.

Jakel discussed the timing of hiring planner prior to selection.

Hall moved, Ihli seconded a motion to approve the Cost Participation Agreement for Downtown Rogers Master Plan between the City and Hennepin County and to authorize its execution by the Mayor. Motion carried 5-0.

8. Other Business
8.01 Second meeting in May
Bunting stated the second meeting in May falls after Memorial Day and with speaking to staff, nothing critical will be on that agenda and suggested doing a special meeting if necessary, asking Council if they should consider canceling that meeting. Stanley stated she will be out of town. Jakel, Ihli, and Hall will all be available. Bunting is unsure.

No formal action taken.

8.02 Summer Meetings
Bunting asked for casual meeting attire during the summer, in past many Councils have worn casual attire during the summer. Bunting stated this goes toward staff and consultants as well; no suits and no ties.

Council consensus was casual meeting attire can be worn Memorial Day through Labor Day.

9. Correspondence and Reports
9.01 Rogers Park Board March 14, 2013 Meeting Minutes
9.02 Elm Creek Watershed March 13, 2013 Meeting Minutes

10. Adjourn
Hall moved, Ihli seconded a motion to adjourn at 7:46 p.m. Motion carried 5-0.

Respectfully submitted,

Stacy Scharber
Assistant City Administrator/Clerk