1. Call to Order. The regular meeting of the Council of the City of Rogers was called to order by Mayor Grimm on Tuesday, November 10, 2009 at 7:00 p.m. at Rogers Community Center, 21201 Memorial Drive, Rogers, MN, 55374.
Council present: Rob Bell, Jay Bunting, Jamie Davis, and Jason Grimm.
Council excused: Steve Rauenhorst.
Staff present: Gary Buysse, Liquor Operations Manager; Jeff Carson, City Attorney; Stacy Doboszenski, Assistant City Administrator; Brad Feist, Fire Chief; Jeff Luther, Police Chief; John Seifert, Public Works Supt.; Steve Stahmer, City Administrator; Lisa Wieland, Finance Director; and Bret Weiss, City Engineer.
2. Open Forum.
Grimm stated there was one item under open forum that will be covered under the regular City Council meeting.
3.01 Staff Recognition Program – RWAS
Liquor Operations Manger Buysse addressed the council requesting the staff recognition award be given to Margie Overby.
Motion by Davis, seconded by Bunting to award Marge Overby through the staff recognition program. Motion carried 4-0.
3.02 Bethanie Kloecker – Local Foods System Specialist – GreenCorps Member
serving Rogers Parks and Recreation Department – Introduction to City
Bethanie Kloecker introduced herself to the City Council as the new GreenCorp member serving Rogers. Kloecker stated she is here for next 10 months as the Local Foods System Specialist and provided a brief explanation of what her duties will be. Kloecker stated there is an event on November 18th at the Rogers Activity Center from 5:00 to 7:00 where she will discuss her program and decide her direction for the next 10 months.
Council thanked Kloecker for introducing herself.
3.03 Warren Limmer – Request to address Council
Not present at this time.
4. Approve agenda.
Additions to Other Business:
8.01 Discussion on Annexation Committee
3.03 Senator Limmer addressed the Council at this time:
Limmer addressed the Council stating he is going around and visiting city councils. Limmer stated the upcoming legislative session is starting in February not January. Between now and mid-December Limmer is requesting what special projects Rogers might have so he can be of assistance. Limmer then discussed the balancing of the state budget by Governor Pawlenty and continued to discuss the unallotment process and the deficit the state is facing. Limmer then commented on federal programs which may financially impact the state’s budget and used the health care reform as an example and spoke on how it will affect families. Limmer continued to discuss federal programs and their impacts on individual families.
Limmer then discussed the City’s fly-over project and the expenses associated with the project. Limmer offered his services to the City and invited council or staff to a sit-down meeting within the next couple weeks.
Grimm stated the City’s Finance Director will want to sit down to discuss issues.
Council thanked Mr. Limmer for coming.
5. Consent Agenda.
5.01 Approval of Minutes from October 27, 2009 City Council Meeting and Minutes
from October 27, 2009 Workshop
5.02 Approval of Bills and Claims
5.03 Approval of Minnesota Lawful Gambling Exempt Permit for Mary Queen of Peace
to Conduct a Raffle on February 6, 2010 at The Crown Room – Wellstead of
Rogers, located at 20500 S. Diamond Lake Road
5.04 Approval of Minnesota Lawful Gambling Exempt Permit for Knights of Columbus to
Conduct Bingo at Mary Queen of Peace Church on January 31, 2010 and
November 29, 2010, located at 21304 Church Avenue, Rogers, Minnesota
5.05 HSA Contribution Agreement with US Bank
5.06 2010 Siren Maintenance Contract with Embedded Systems, Inc.
5.07 Approval of Liquor License Renewals:
5.07.01 Applebee’s On-Sale
5.07.02 Guadalajara’s On-Sale
5.07.03 Cub 3.2 Off-Sale
5.08 Application for Conveyance of Tax Forfeited Lands; Outlot A Sunnyside Estates 6th
Addition to the City of Rogers – Resolution No. 2009-48
5.09 High Point Church Notice of Wetland Conservation Act Application for Impacts
5.10 Resolution to Accept Donation of Ice Resurfacing Equipment – Resolution No.
5.11 Ordinance No. 2009-08 Revising Police Advisory Commission Ordinance
Davis pulled 5.01 due to his absence from the meetings.
Motion by Bell, seconded by Bunting to approve the remainder of the consent agenda. Motion carried 4-0.
Motion by Bell, seconded by Bunting to approve 5.01. Motion carried 3-0-1; Davis abstained.
6. Public Hearings
7. General Business
7.01 Purchase Agreement with Shamrock Development Inc. for Lot 1, Block 1
Dutch Knolls Sixth Addition
Administrator Stahmer provided the background on the purchase agreement with Shamrock Development. As previously discussed, the purchase of this property is for park purposes. Staff was given parameters from Council in closed session. Mr. Stanton has agreed to, pending execution of the purchase agreement, selling the property for $32,000 and the city will agree to the value of benefit of the property whereby the City would be accepting a donation of the excess value. Stahmer reported the current 2010 pay assessed value is $55,000 for the property. The funding source for the park property purchase would be the park dedication fund 404.
Grimm questioned when the park is scheduled. Staff stated it is programmed for 2010.
Motion by Bunting, seconded by Bell to authorize execution of the proposed purchase agreement. Motion carried 4-0.
7.02 Accept Resignation of Park Board Chair Kurt Deile and Authorize
Advertisement for Replacement
Public Works Supt. Seifert provided background on Mr. Deile and his resignation.
Motion by Bunting, seconded by Bell to accept the resignation and authorize advertisement for his replacement and thanking Mr. Deile for his service. Motion carried 4-0.
7.03 Items relating to Rogers Fire Department:
7.03.01 Jay Weber Retirement from the Rogers Fire Department
Fire Chief Feist addressed the council providing background on Weber’s 22 years of service to the Rogers Fire Department. Between him and his father a combined 55 years of service on the department.
Grimm and Council thanked Jay Weber for his service.
Motion by Bell, seconded by Bunting to accept the retirement letter from Jay Weber and extend our thanks to him. Motion carried 4-0.
7.03.02 Approval to hire Adam Rohrer as paid on-call firefighter
Feist stated the hire will fill the vacant position opened by Weber’s retirement. Adam Rohrer is here tonight and ready to start the program.
Bunting, seconded by Bell to authorize the hiring of Adam Rohrer as a paid on-call firefighter. Motion carried 4-0.
Feist stated Weber will be presented with a print from the Rogers Fire Department at a future city council meeting.
7.04 Request by Roger Sabot for grandfathering of billboard
Mr. Sabot was present to address the Council on his request to have his billboard grandfathered in. Sabot stated it has been his most reliable renter over his past two years and commented that local businesses take the opportunity to advertise on his sign.
Bell asked if the current billboard has down-cast lighting or up-cast lighting. Bell commented because we are renewing something, this is the opportunity to make improvements.
Bunting commented on the tough economic times and stated this town grew up on 101/94 and billboards are a part of the community. They do generate property taxes. Furthermore, the City owns their own billboards with funds going to pay for the high school.
There was further discussion on downcast lighting. Sabot stated he will check with the sign company regarding the request for downcast lighting.
Bunting stated if we are requesting Sabot to make adjustments, then give him a long-term extension for the billboard.
No thought was given on the length of an extension.
George Gmach, Corcoran City Councilmember, stated he is here tonight to represent WJD, as it relates to billboards. Gmach stated by rough count there are approximately 20 billboards. Gmach discussed the billboards owned by is family and how easements were created for the billboards. Gmach stated they don’t own the land under any of them; they own the easement with a parcel id created for the easement. Gmach continued to discuss the taxation on the billboards and the taxes generated from the billboards.
Gmach further discussed billboards, the boards located within TIF districts, and the quality development that has been able to occur in Rogers.
Bell reiterated his request for Sabot to inquire with the leasing company about downcast lighting and stated if Council is going to give a long-term extension this is the opportunity to bring the sign into compliance.
Administrator Stahmer suggested having the contracted planner research the request and to give Sabot time to research the lighting issue.
Bunting stated he is fine with tabling this item for two weeks as long as we are in agreement that this is a longer term issue; a minimum of 10 years or tying it to the ownership of the building.
Grimm asked Sabot if he is okay if Council tables two weeks.
Sabot stated he is fine with process and needs to contact CBS to see if they are able to change the lighting structure.
Grimm stated if there is significant cost, there needs to be significant term to pay for the cost.
Gmach then addressed the Council on a condition in the existing ordinance regarding the ability to reconstruct the billboard which has created a significant advantage for the billboard companies when it comes to renegotiating a contract.
Gmach referred to it as a restraint of trade in the current ordinance.
Council discussion on the ability to re-build the sign under statutory requirements and the ordinance needs to be further researched.
Sabot stated his lease offer is being reduced.
Motion by Bunting, seconded by Bell to table the request by Sabot until the next meeting. Motion carried 4-0.
7.05 Adoption of Ordinance Relating to Utilities
Wieland stated one ordinance has been created based on the utility rate study which combined sewer/water/storm water rates based on the tiering structure within the rate study. Wieland pointed out a couple of items being clarified within the ordinances; items 5, 6, and 7. Wieland stated staff is asking for Council to approve the ordinance as presented.
Motion by Bunting, seconded by Davis to approve Ordinance No. 2009 - 09, An Ordinance Establishing Utility Rates for Sanitary Sewer, Water, and Storm Water Within the City of Rogers. Motion carried 4-0.
7.06 Resolutions by the City of Rogers as the Local Government Unit Seeking
Youth Sports Grant Program Funds
7.06.01 Rogers Youth Baseball, & High School Boosters (2-Ball Fields)
Public Works Supt. Seifert described the County grant program being offered being a competitive grant program for local sports facilities. The two projects being applied for are a project for two ball fields at the high school and the completion of the locker rooms at the RAC.
Both programs are part of the Master Parks Programs. Seifert stated the grants are better supported with the involvement of multiple agencies. The City sponsorship will include in-kind labor and equipment.
Seifert stated there will be three grant offerings before the end of 2010. The County has received $6.7 million in grant requests with $2 million awarded in grants.
Grimm stated he wants to make sure the City receives credit for the $192,000 already put into the locker rooms.
Seifert explained who will be participating in the joint effort and the city financing the boosters for a period of three years due to their limited funding for the program. Seifert stated he has received signed letters of intent from all involved.
Grimm commented it would be great to see Hassan or Otsego join in the effort.
Bunting stated he has been able to discuss this with Seifert and it looks like a great opportunity. If this comes to fruition, it is one more thing that makes Rogers a better place to live. Bunting complemented staff and the agencies for their efforts.
Davis, questioned the school district being approached on the locker rooms. Seifert responded.
Motion by Bunting, seconded by Davis to approve Resolution No. 2009-50, A Resolution by the City of Rogers as the Local Government Unit Seeking Youth Sports Grant Program Grant Funds (Ballfields). Motion carried 4-0.
7.06.02 Rogers Youth Hockey & Hockey Boosters (Locker Rooms)
Motion by Bunting, seconded by Davis to approve Resolution No. 2009–51, A Resolution by the City of Rogers as the Local Government Unit Seeking Youth Sports Grant Program Grant Funds (Locker Rooms). Motion carried 4-0.
Seifert recognized the staff and the associations that have helped put everything together at the last hour, including Mike Bauer and his staff.
7.07 Resolution Amending Resolution No. 2009-45 – Industrial Park Mill &
Engineer Weiss addressed the Council regarding the project being delaying until next year; both the industrial park area project and the Edgewater project.
For the industrial park project, the assessments were authorized in October, which means interest would have started in November and all of 2010. Since the project is not starting this fall, and a majority of the funds will not be expended until May/June of 2010, Weiss stated he asked the Clerk to see if there is another way to deal with the interest on the project. The staff recommendation is to amend the resolution to only charge 6 months of interest on the first year and continue with certifying the assessments now.
Motion by Bell, seconded by Bunting to adopt Resolution No. 2009-52, A Resolution Amending Resolution No. 2009 – 45; A Resolution Adopting assessments for the Improvements to the Industrial Mill and Overlay Project, City of Rogers, Minnesota. Motion carried 4-0.
7.08 Transportation Workshop Update (cont. from 10/27/2009 meeting)
Engineer Weiss provided a power point presentation updating the Council on transportation improvement projects:
• CSAH 81; project and funding overview, current funding is $3.2 Million with current
estimate at $3.6 million. Right-of-way update; staff is continuing to work with property
owners to obtain easement at minimal or no cost.
• VanHeel, complete platting take through Planning Commission, deal with landscape issues
on the site in order to get the necessary easements at no additional cost. Addresses all of
the stormwater issues in this area.
• Estimate of development costs $5,660 for platting, zoning assistance of $1,350 and
landscape design of $2,200. Weiss stated he will be seeking approval for these
• Right-of-way certificates are needed to secure the federal funding. March 30th is the drop
• 129th Avenue Reconstruction; upgrade to urban minor collector. Expenditures are
approved state aid expenditures.
• Main Street & 129th Avenue realignment; bring back information at the next meeting to
move forward with a re-alignment project.
Grimm asked Council to entertain a motion to expend funds with HKGI for the platting of the mall improvements. Wieland stated the funding source would be TIF 1
Motion by Grimm, seconded by Bunting to authorize the platting expenditures with HKGI for $3550 out of TIF 1. Motion carried 4-0.
7.09 Budget Workshop Update
Stahmer provided a summary of the workshop session. Stahmer stated staff was able to reduce the budget by the $100,000 contingency along with an additional $35,000 that was previously proposed to be spent out of general fund reserves. The levy for 2010 is a flat levy to the tax payers.
Bunting thanked the staff. Not only did we not spend, but staff found another $30,000 to drop the levy. Our levy for this year is lower for general fund, but flat with special levies. Keep service levels high and not increase taxes. Staff did a great job.
8. Other Business.
8.01 Discussion on Annexation Committee
Stahmer stated it would be appropriate to appoint two council members to the annexation task force. The orderly annexation documents states there will be a joint planning board to discuss planning/zoning/annexation issues. The joint planning board looks at ordinance changes that need to occur for planning transition purposes. Maureen Stanley and Mark Walstrom were previously appointed and have both expressed continuing on the board. Technically their terms are still in play.
Grimm moved to appoint Jamie Davis and Jay Bunting to the annexation committee. There was no second.
Motion by Bunting, seconded by Davis to appoint Mayor Grimm to the committee. Motion carried 4-0.
Motion by Grimm, seconded by Bunting to appoint Davis to the annexation committee.
Davis stated he is not in favor of moving date forward. Bell stated part of the reason for the committee is to find out the problems and get correct information out. Motion carried 3-1; Davis opposed.
8.02 Setting Budget Workshop
Motion by Bunting, seconded by Bell to set the next budget workshop for November 24, 2009 at 5:30 p.m. at the community room. Motion carried 4-0.
9. Correspondence and Reports
No action taken.
10. Adjourn to Closed Session to Conduct City Administrator Performance
Evaluation – Reconvene to Open Meeting
Motion by Bell, seconded by Bunting to adjourn to closed session at 8:36 p.m. Motion carried 4-0.
Council reconvened at 9:35 p.m.
Motion by Bunting, seconded by Davis to accept the review and step increase for Administrator Stahmer. Motion carried 4-0.
Motion by Bunting, seconded by Bell to adjourn at 9:35 p.m. Motion carried 4-0.
Assistant City Administrator/Clerk