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 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 Beahen, Police Chief; Jeff Carson, City Attorney; Brad Feist, Fire Chief; Steve Grittman, City Planner; Stacy Scharber, Assistant City Administrator; John Seifert, Public Works Supt.; Steve Stahmer, City Administrator; Bret Weiss, City Engineer; and Lisa Wieland, Finance Director.

2. Open Forum
No discussion.

3. Presentations
None.

4. Approve Agenda
The agenda was set as submitted.

5. Consent Agenda
5.01 Approval of Minutes from July 9, 2013 City Council Meeting
5.02 Approval of Bills and Claims
5.03 Approval of Special Event Permit for Word of Peace – Peace Fest on Sept. 8, 2013
5.04 Adopt Ordinance No. 2013–10, An Ordinance Amending the False Alarm Ordinance and Summary Ordinance No. 2013-10
5.05 Adopt Ordinance No. 2013–11, An Ordinance Amending Section 6 (Fire) and Section 10 (Police) of the 2013 Master Fee Schedule for the City of Rogers and Summary Ordinance No. 2013-11
5.06 Appoint Chris Dunleavy to the Captain 22 position
5.07 Accepting the 2013 Fire Relief Association Plan Report; Form SC-13
5.08 Three Rivers Community Foundation Grant Application
5.09 Approval of Communication Installation Services Contract
5.10 Approval of Telecommunication Contract with Verizon for Service Located at 13971 Orchid Avenue
5.11 Approval to Hire Elizabeth Dirks as the Recreation Services Coordinator
5.12 Approval of Minnesota Lawful Gambling Exempt Permit for Mary Queen of Peace to Conduct Bingo, Raffles and Pull-Tabs on September 22, 2013 for their Annual Festival, located at 21304 Church Ave.
5.13 Approval of Special Event Permit for "Rally for Reese" 5K on Sat., Sept. 21, 2013
Bunting pulled 5.11.
Hall pulled 5.01 because of his absence.

Ihli moved, Stanley seconded a motion to approve the consent agenda less 5.01 and 5.11. Motion carried. 5-0.

5.01
Ihli moved, Stanley seconded a motion to approve 5.01. Motion carried 4-0-1; Hall abstained.

5.11
Bunting stated he removed this from consent because Elizabeth was present at the meeting. Ms. Dirks introduced herself to the Council and provided her background.
Bunting moved, Ihli seconded a motion to approve 5.11. Motion carried 5-0.

6. Public Hearings
None.

7. General Business
7.01 Traffic Study Presentation
Engineer Weiss provided a presentation on the traffic study along with Chad Ellos, traffic engineer with WSB. Weiss stated the Kinghorn area traffic study is not fully complete, but more information is available than what was presented at the last Planning Commission meeting. Weiss and Ellos proceeded through the presentation recommending the preservation of right-of-way for a future Fletcher Overpass and also recommending geometric improvements to intersections; a total of nine intersections were studied. Ellos focused on the various intersections in the City that will need improvements.

Weiss also provided an estimate of vehicles per day based on different zoning classification of the Kinghorn area properties; mixed use regional having the most trips per day and warehouse/distribution having the least.

There were no questions by Council.

7.02 (cont.) Adopt Ordinance No. 2013-12, An Ordinance Rezoning Approximately 70 Acres from MU-R, Mixed Use Regional to L-I, Limited Industry (Kinghorn) and Summary Ordinance No. 2013-12
Planner Grittman was present to discuss the rezoning application. Grittman provided background on the application and the recommendation coming from the Planning Commission to approve the rezoning on a 4-2 vote. Grittman stated the development proposal you have seen for the parcel has only been in concept form and has not been applied for. Although the traffic study shows that the rezoning would reduce the overall daily traffic, it would likely increase the amount of truck traffic. Grittman stated staff's original recommendation was to not rezone, primarily because of the comprehensive plan. The Planning Commission did decide industrial is an appropriate use.

Hall has concerns of the increased traffic going past the middle school and high school, according to the traffic study, but feels the use is fitting for what is there.

Ihli stated he is very much in favor of the rezoning.

Stanley stated she agrees with Hall in respect of the traffic going by the schools. Their peak time is concerning and the need to find a safe way to get kids across the street. Stanley stated she would agree that an industrial use is okay, but has concerns over the traffic that would be generated.

Jakel commented on long term planning for the area, stating we just took on property in this area (annexation) and was more in favor of mixed use regional zoning. Jakel stated the traffic study brings up a lot of good points of concern. Jakel commented on Rogers being a well-balanced city; having good aspects to make us one of the best places to develop business. Jakel commented on 80% of trucks heading east from the proposed parcel and commented that we will have to work with the County, State, and our partners to the east for traffic improvements. Jakel commented on giving up the possibility of future development for something different. The potential uses and businesses sound incredible and could be some good partners.

Bunting stated it is pretty clear why we requested the transportation study before getting to this point. Bunting tried to visualize areas where there are mixed use and regional and used the area of County Road 30 and 94 in Maple Grove as an example. The traffic numbers at full capacity of regional mixed use are shocking. We are rezoning an area of land, not approving any specific projects. Bunting stated he spoke with two different developers, both said in their opinion, the land should be industrial and not regional mixed use because of what is surrounding it. Bunting stated he too would like to see large office buildings with huge taxes, but doesn't see that in the future. If you look in the richest areas of town, they have congestion; Edina, Woodbury, etc.
Bunting stated he is in favor of the rezoning application.

Grady Kinghorn was invited to speak. He stated he was surprised at the traffic study as well. He always felt that the land would be a good use as industrial. By changing it to industrial you remove the uncertainty and can attract quality businesses. Kinghorn thanked the Council for their consideration.

Ihli moved, Hall seconded a motion to adopt Ordinance No. 2013-12, An Ordinance Rezoning Approximately 70 Acres from MU-R, Mixed Use Regional to L-I, Limited Industry (Kinghorn) and Summary Ordinance No. 2013-12.

Jakel discussed the piece of land left to the north of this project, it is still in mixed use. There was discussion on the zoning of the other parcels surrounding the subject parcel.

Bunting stated one thing we may want to consider going forward, is that we have had some changes in the complexion of the City. Stanley talked about what type of image the City has. Bunting spoke on updating the City's plan for the zoning of various areas (Comprehensive Plan).

Jakel appreciates the comments and sees the points stating this was some of the discussion he wanted to have.

Planning Commissioner Martin stated he wanted to speak to Jakel's question regarding the zoning of the surrounding properties. Martin stated there was discussion at the Planning Commission that if this goes LI that the remaining Henry's parcel should follow.

Bunting called the vote. Motion carried 4-1; Jakel opposed.

7.03 Approve Plans and Specs and Authorize Advertisement to Bid for Kinghorn Lift Station
Engineer Weiss provided background on the plans and specs for the Kinghorn Lift Station project.

Hall moved, Jakel seconded a motion to approve the plans and specs and authorize advertisement to bid for the Kinghorn Lift Station. Motion carried 5-0.

7.04 Award Contract for Rogers Drive Lighting and Trail Project
Engineer Weiss proceeded through the bids received for the Rogers Drive lighting and trail project.

Ihli moved, Jakel seconded a motion awarding the project to New Look Contracting, Inc. in the amount of $197,832.40. Motion carried 5-0.

Hall moved, Ihli seconded a motion to award the contract for construction of the Rogers Drive Lighting Improvements to Design Electric in the amount of $123,770.00. Motion carried 5-0.

8. Other Business
None.

9. Correspondence and Reports
9.01 Rogers Park Board Meeting Minutes June 13, 2013
9.02 Elm Creek Watershed Management Commission Minutes June 12, 2013
9.03 City of Rogers Approved for GreenCorps Member
9.04 June, 2013 Financials
No action taken.

10. (cont.) ADJOURN TO CLOSE SESSION FOR DISCUSSION OF POTENTIAL PROPERTY ACQUISITIONS RELATED TO THE HWY 101/CR 144 PROJECT
Bunting adjourned the meeting to closed session at 8:02 p.m.
Council reconvened from closed session at 8:42 p.m.
There was no action taken by Council.

11. ADJOURN
Ihli moved, Stanley seconded a motion to adjourn at 8:42 p.m. Motion carried 5-0.

Respectfully submitted,
Stacy Scharber
Assistant City Administrator/Clerk