1. Call to Order. The regular meeting of the Council of the City of Rogers was called to order by Mayor Jason Grimm on Tuesday, January 13, 2009 at 7:00 p.m. at Rogers Community Center, 21201 Memorial Drive, Rogers, MN, 55374.
Council present: Mayor Jason Grimm, Rob Bell, Jay Bunting, Jamie Davis, and Steve Rauenhorst.
Staff present: Chuck Burnham, City Planner; Gary Buysse, Liquor Operations Manager; Jeff Carson, City Attorney; Stacy Doboszenski, Asst. City Administrator; Brad Feist, Fire Chief; Scott Lange, City Engineer; Jeff Luther, Chief of Police; John Seifert, Public Works Director; Steve Stahmer, City Administrator; and Amy LeMieux, Recording Secretary, JASS.
Special guests: The Boy Scout Troop 582, in attendance as part of their Citizenship merit badge.
2. Swearing in of Mayor and Council. Mayor Grimm and Council members Rob Bell and Jay Bunting were sworn in to their elected positions.
3. Open Forum. No one wished to speak.
4.01 Presentation by Lions for donation of $6,500.00 to Rogers Fire Dept. Lions Club President Leigh Stanley presented a $6,500 check to Brad Feist and Mayor Grimm. The funds are proceeds from the Lions Club Octoberfest.
4.02 Presentation by Lions for donation of $10,000.00 to City of Rogers Park Fund. Lions Club President Leigh Stanley presented a $10,000 donation to the City of Rogers Park Fund.
Mayor Grimm thanked the Lions Club and applauded the club for its support and the contributions it has made to the community.
5. Approve agenda. No items were added to the agenda.
6. Consent Agenda.
6.01 Approval of Minutes from December 23, 2008 City Council Meeting
6.02 Approval of Bills and Claims
6.03 Approval of Resolution No. 2009-01, A Resolution Providing Municipal Approval to the Issuance of a Minnesota Lawful Gambling License to the Rogers Lions Club to Conduct Raffles Off-Site at The Wellstead of Rogers, 20500 South Diamond Lake Road, on March 26, 2009
6.04 Approve Renewal of 3.2 and Wine License for Angeno's Pizza and Pasta
6.05 Approve Renewal of 3.2 and Wine License for Hong Thai Restaurant
6.06 Approve Renewal of 3.2 and Wine License for Cottage Grill
6.07 Approve Renewal of 3.2 and Wine License for Noodles & Company
6.08 Approve Renewal of On-Sale Liquor License for Broadway Bar & Pizza
6.09 Approve Renewal of On-Sale Liquor License for Wellstead of Rogers
6.10 Resignation of Brant Lander, Public Works Administration/Utility Billing Clerk
6.11 Fundraising for Rogers Activity Center Capitol Campaign
6.12 Approve Correction to the December 9, 2008 City Council Meeting Minutes
Motion by Bunting, second by Bell to approve the consent agenda excepting items 6.01, 6.02 and 6.12. Motion carried 5-0.
6.01 Approval of Minutes from December 23, 2008 City Council Meeting. Motion by Rauenhorst, second by Davis to approve the minutes. Motion carried 3-0-2, Bell and Bunting abstaining.
6.02 Approval of Bills and Claims. Davis requested that mileage reimbursements be submitted in a more timely manner. The current check sequence includes mileage incurred in June and July 2008. Doboszenski added that there were two batches of checks cut, one for accrued 2008 expenses and one for 2009 expenses to ensure expenses are allotted to the year when the expense was incurred. Motion by Davis, second by Bunting to approve the bills and claims. Motion carried 5-0.
6.12 Approve Correction to December 9 minutes. It was brought to Staff's attention that item 7.02 of the December 9, 2008 minutes requires the following correction:
Motion by Davis, second by Adams to table the 2009 salary chart for union salaried and non-union employees until January 13, 2009. Motion carried 5-0.
Motion by Rauenhorst, second by Davis to approve the correction to the December 9, 2008 minutes. Motion carried 3-0-2, Bell and Bunting abstaining.
7. Public Hearing. None.
[Boy Scout Troop 582 welcomed the new Mayor and Council and departed at 7:16 p.m.]
8. General Business.
8.05 Appointment of Planning Commissioners. Staff received ten applications for seven open positions on the Planning Commission. Two members of the Planning Commission were elected to the Council prior to the end of their terms and, therefore, resigned their positions on the Commission. On December 16, 2008, the Planning Commission interviewed each of the candidates and privately voted recommendations for the vacant positions. The applications and rankings were provided to the Council.
The Council discussed the process used to interview, noting that Commissioners with expiring terms were allowed to rank themselves and questioning the fairness of this practice. In the past, if all Commissioners with expiring terms wished to renew, there was no interview process and those Commissioners were reappointed.
Motion by Bell, second by Bunting to accept the slate of recommended appointments as provided by the Planning Commission as follows: Richard Ihli, Keith Kornovich, Maureen Stanley, and Edward Breun with terms expiring December 31, 2010; Brian Denker and Michael Noto with terms expiring December 31, 2009; and David Olsen as alternate, expiring December 31, 2010. Motion carried 5-0. The Council welcomed the seven Commissioners.
The Council suggested that the three applicants who were not elected consider positions on the Arena Commission and Park Board, as well as reapply for Planning Commission positions in the future.
8.01 Annual Appointment Process.
Motion by Grimm, second by Bunting to appoint Davis as Acting Mayor. Motion carried 4-0-1, Davis abstaining.
Motion by Rauenhorst, second by Davis to name Northland Securities, Citi Group/Smith Barney, ICD Securities, 4M Fund/PMA Financial Institution, Multi Bank Securities, U.S. Bank, First National Bank of Elk River, 21st Century Bank, Sterne Agee, RBC Capital Markets Corporation, UBS Financial Services, Inc., and Community Investment Partners as the City's official depositories. Motion carried 5-0.
Motion by Bell, second by Rauenhorst to table appointment of the official newspaper until the January 27, 2009 meeting. Motion carried 5-0. The City will continue to use the Crow River News as the official newspaper until that time.
Motion by Davis, second by Bunting to appoint Rauenhorst as primary and Grimm as secondary Council representatives to the Planning Commission. Motion carried 4-0-1, Rauenhorst abstaining.
Motion by Rauenhorst, second by Bunting to appoint Davis as primary and Bell as secondary Council representatives to the Park Board. Motion carried 5-0.
Motion by Davis, second by Bell to appoint Bell as primary and Grimm as secondary Council representatives to the Arena Commission. Motion carried 5-0.
Motion by Davis, second by Bunting to table the appointment to the Northwest League until more information on meeting dates and times is provided. Motion carried 5-0.
Motion by Rauenhorst, second by Bell to appoint Bunting as primary and Grimm as secondary Council representatives to the Fire Relief Association. Motion carried 5-0.
Motion by Bunting, second by Bell to appoint Mitch Manoski to the Elm Creek Watershed Management Commission. Motion carried 5-0.
Motion by Rauenhorst, second by Davis to appoint Ray Lemke to the Northwest Human Services Council. Motion carried 5-0.
Motion by Rauenhorst, second by Bell to advertise one open position on the website, City Hall and at the library for the Northwest Human Services Advisory Commission. Motion carried 5-0.
Motion by Rauenhorst, second by Davis to appoint Stacy Doboszenski to the Senior Transportation Board. Motion carried 5-0
Motion by Bunting, second by Bell to table the appointment to the Senior Advisory Board and refer to staff. Motion carried 5-0.
Motion by Rauenhorst, second by Bell to appoint Grimm as primary and Bunting as secondary Council representatives to the Police Commission and to advertise for open positions. Motion carried 5-0.
Motion by Bunting, second by Bell to appoint Grimm as primary and Rauenhorst as secondary Council representatives to the Liquor Commission. Motion carried 5-0.
Motion by Grimm, second by Rauenhorst to appoint the full Council to the Transportation Committee and the Sale of Assets/Finance Committee. Motion carried 5-0.
8.02 Position Description Revisions and Salary Grade Adjustments. This item was tabled at the December 9, 2008 meeting. During the 2009 budget process the Rogers Activity Center positions were restructured to eliminate the vacant position of Community Recreation Coordinator by adding a majority of those responsibilities to the current Recreation and Facilities Manager with support from the new part-time position of a Recreation Programmer/Administrative Assistant. This restructuring resulted in a net salary/benefit savings of approximately $35,000.
Staff recommends approval of the position description and appointment of Mike Bauer, current RAC Manager to the position of Recreation and Facilities Manager at salary grade 9.
Motion by Rauenhorst, second by Bell to accept the position description and salary grade for the Recreation and Facilities Manager and appoint Mike Bauer to the position. Motion carried 5-0.
8.03 2009 COLA for Salaried and Non-Union Employees. At the December 9, 2009, City Council meeting, Council acted to adopt the proposed 2009 budget and levy. The adopted budget includes a 3% increase in the City's salary plan, but such an increase must also be approved by Council before implementation. At the December 9 meeting, Council voted to adopt the salary chart for union employees to include a 3% increase effective January 1, 2009 since it is a requirement of the City's union contracts.
At that time, the Council decided not to approve a commensurate increase for salaried and non-union employees but rather to table that decision to the first regular meeting in January. The impact of the 3% non-union salary chart increase is a total of approximately $23,200.
Due to the State deficit, the City is also facing potential reductions in state aid and other revenue included in the adopted budget. The full impact of those potential reductions will not be known for several months while the current legislative session progresses. Finance Director Lisa Wieland will be updating the City's fund balance projections as year-end financial information becomes available.
Discussion including decisions of private firms issuing no raises until further information about the economic condition is available, partial increases, and the budget ensued. Since the adopted budget does not promise enough revenue to support the current year's expenses, it may be best to wait until any reductions in state aid or other revenue are apparent.
Motion by Bell, second by Davis to approve a 1.5% increase for salaried and non-union employees effective January 1, 2009 and to review the budget and salary charts on July 1, 2009. Motion carried 4-1, Rauenhorst opposed, since he believes waiting to discover more about the possible reductions in state funding would be the best course.
8.04 HKGI Contract Extension. HKGI has served the City as a planning consultant for the City of Rogers for the Comprehensive Plan Update, including a portion of the GIS needs as well as providing technical expertise for out-of-turn Comprehensive Plan Amendments. Costs for GIS services are paid by the City from funds in the current budget. Costs incurred for other planning services, such as out-of-turn comprehensive plan amendments, would be paid for out of an escrow account. These accounts are funded by applicants for various planning approvals. Fees for the overall update of the Comprehensive Plan are under a separate contract. This evening's contract includes only those items where City staff or members of the City Council request specific services from HKGI.
Motion by Rauenhorst, second by Davis to continue HKGI services in 2009. Motion carried 5-0.
Council directed Staff to create a Consultant Review policy for regular contract reviews of all City consultants every five years on a rotating schedule.
8.06 Annexation Request by Fletcher Development, LLP. The City of Rogers forwarded a request to the Town of Hassan for the annexation of the property addressed as 12000 Fletcher Lane (PID # 25-120-23 23 0004), consisting of 54.08 acres. This property lies within the 2010 Orderly Annexation area. The Town assented to the annexation by a vote of 4-1 on January 5, 2009.
The property consists of one parcel, currently located both north and south of Territorial Road. Annexation of this property could enable easier negotiations related to the proposed Fletcher Bypass since the alignment of the future roadway intersects the property.
Motion by Bunting, second by Bell to annex the property from the Town of Hassan into the City of Rogers. Motion carried 5-0.
9. Other Business.
9.01 Commemoration for Service. Bunting proposed authorizing Staff to commission a plaque commemorating the service and efforts of Gary Eitel and Keith Oldfather in appreciation for their service to the City.
Motion by Bunting, second by Bell to authorize Staff to create a plaque for Gary Eitel commemorating his efforts and service to the city for over two decades. Motion carried 3-1-1, Rauenhorst opposed, Davis abstaining.
Motion by Bunting, second by Bell to authorize Staff to create a similar plaque for Chief Oldfather commemorating his service and accomplishments.
Discussion regarding the fact that both Eitel and Oldfather did not leave their positions under the best circumstances and, since quite a bit of time has passed since both left the City's employ, this gesture may not be in their best interest.
Citizens provided comments both for and against creating these commemorative plaques.
Motion carried 4-1, Rauenhorst opposed. A cost limit of $75 for each plaque was set.
10. Correspondence and Reports.
10.01 Rogers Arena Commission Meeting Minutes from December 1, 2008. No action necessary.
10.02 December Police Report. No action necessary.
11. Adjourn to Closed Session to Discuss Sale of Property at 12522 Main Street. Motion by Davis, second by Bunting to adjourn to closed session. Motion carried 5-0. The meeting was adjourned to closed session at 8:46 p.m.
Council returned to open session at 9:07 p.m.
Motion by Rauenhorst, seconded by Davis to not accept offer for the property located at 12522 Main Street. Motion carried 5-0.
12. Adjournment. There being no further business, motion by Rauenhorst, second by Davis to adjourn. Motion carried 5-0. The meeting was adjourned at 9:08 p.m.