1. Call to Order. The regular meeting of the Council of the City of Rogers was called to order by Acting Mayor Davis on Tuesday, December 8, 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 Steve Rauenhorst.
Council excused: Jason Grimm.
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.
No persons addressed the Council during open forum.
3.01 Community Law Enforcement Foundation – Grant for Reserves
Dean Capps, with Rogers Community Law Enforcement Foundation addressed the Council with a cash donation for the Rogers Police Reserves in the amount of $2500 on behalf of Burlington Northern Railroad. Council thanked Mr. Capps and Burlington Northern and asked the Chief to send a formal thank you to Burlington Northern.
3.02 Staff Recognition Program – RWAS
Liquor Manager Buysse addressed the Council regarding staffing awards to staff who understand the importance of refusing sales of alcohol and tobacco to minors and also the staffing awards go toward the apprehension of shop lifters. Buysse explained the difference between having our local police department do the compliance checks in comparison to Hennepin County. Buysse was grateful to Chief Luther for the follow-up letter sent to the staff that passed the compliance checks, stating the employees appreciated receiving the letter explaining the purpose of the compliance checks.
Motion by Bell, seconded by Bunting to approve the staff recognition awards for John Haack, Tim Benson, and Brian Fleisher. Motion carried 4-0.
Rauenhorst commended Buysse and his staff for doing a good job.
4. Approve agenda.
Additions to Other Business:
8.01 Brief discussion about snowmobile trails in Rogers – added by Bell
5. Consent Agenda
5.01 Approval of Minutes from November 24, 2009 City Council Meeting and Minutes
from November 24, 2009 Workshop
5.02 Approval of Bills and Claims
5.03 Approval of Ordinance No. 2009 – 11, 2010 Fee Schedule Ordinance
5.04 Approval of Summary Ordinance for Ordinance No. 2009-11
5.05 Authorization to Purchase Tandem Axle Trailer for Street and Parks Department
5.06 Accept Donation of Benches on Memorial Drive from Rogers Lions
5.07 TTM Tower/Ground Lease
5.08 Approval of Change Order for the Sausage Pond Maintenance Project
Rauenhorst pulled 5.02
Bell pulled item 5.03
Bunting stated one of the consent items is approving a donation from the Rogers Lions for benches along Memorial Drive; wanting to point that out.
Motion by Bunting, seconded by Rauenhorst to approve consent less 5.02 and 5.03. Motion carried 4-0.
5.02 Bills and Claims
Rauenhorst wanted to discuss check sequence 15, Custom Sales and Marketing for jackets. Why is the City purchasing jackets and who is using them? Seifert stated the claim is coded against the RAC and will look into the question and report back.
Motion by Rauenhorst, seconded by Bunting to approve the Bills and Claims less check sequence 15 to Custom Sales and Marketing. Motion carried 4-0.
5.03 Approval of Fee Schedule Ordinance
Bell asked for little clarification from staff on the items within the fee schedule that have increased. Stahmer reviewed planning fee increases and building permit increases (as recommended by Metro West Inspections). Wieland addressed RAC fee increases and other minor increases within the schedule. Seifert addressed parks and recreation increases.
No additional questions were raised by Council. Motion by Bell, seconded by Bunting to approve 5.03. Motion carried 4-0.
6. Public Hearings
7. General Business
7.01 Items Relating to the 2010 Budget:
Finance Director Wieland presented the proposed 2010 budget and levy to the council explaining the purpose of the line item to receive public testimony and to answer any remaining questions by council or residents. Wieland spoke on the key factors that complicated this year’s budget process. Wieland presented total taxable market value of $1.6 billion; a reduction of 5.76%. Due to the market value decrease, the rate has increased without an increase to the levy. The total levy of $3,693,221 was noticed to residents. However, an additional $100,000 was reduced and the final proposed levy is $3,593,221.
Administrator Stahmer added commentary on the perspective of where the levy has been and where it is at now. 5.4% reduction in general fund through budget modifications made during 2009 and 2010; zero cost of living, a 1.5% fte reduction, and an additional 3.5 fte reduction from 2009 to 2010 down a total of 5 fte from the 2009 budget. Stahmer commented on the implementation of voluntary furloughs believing the City will realize a $10,000 savings.
Wieland stated the steps the council needs to take is to allow public testimony and either adopt the levy and budget at this meeting, or the next meeting, to meet reporting deadlines.
Davis opened the meeting for public comment. No comments were registered.
Motion by Rauenhorst, seconded by Bunting to close public comment. Motion carried 4-0.
7.01.01 Approval of Resolution No. 2009-58, A Resolution Setting the 2010 General And Special Levies
Motion by Rauenhorst, seconded by Bell to approve Resolution No. 2009-58, a Resolution Setting the 2010 General and Special Levies. Bunting stated he wanted to reiterate to staff how much he appreciates the work on this (budget), the zero increase in pay, and taking on more responsibilities. Bunting stated thank you.
Davis thanked the rest of the council for working through the budget in his absence. Motion carried 4-0.
7.01.02 Budget Adoption
Motion by Rauenhorst, seconded by Bunting to adopt the 2010 budget as presented. Motion carried 4-0.
7.02 Approval of Resolution No. 2009-59, A Resolution To Amend Tax Increment Financing District No. 9 “Department 56” And Approving The Amended Tax Increment Financing Plan Relating Thereto
Dave Callister, with Ehlers and Associates addressed the Council regarding the amendment to TIF No. 9 and the amended financing plan. Callister explained the district is going to be decertified at the end of 2009 and the requested action is a housekeeping measure to make sure the budget and the plan reflect the numbers that were actually spent. It does not require a public hearing. It is a resolution to amend the plan for TIF 9, which will allow the decertification at year end.
Motion by Bell, seconded by Rauenhorst to approve Resolution 2009 – 59, A Resolution to Amend Tax Increment Financing District No. 9 “Department 56” and Approving the Amended Tax Increment Financing Plan Relating Thereto.
Wieland stated at the next meeting Council will see the formal decertification on consent agenda.
Motion carried 4-0.
7.03 Update by Pat Johnson, Appointment and Introduction of New Senior Advisory Board Members
Patricia Johnson provided an update to the Council regarding the senior Advisory Board. Ms. Johnson read from a prepared statement. Ms. Johnson detailed the activities and expenses associated with the activities of the seniors. Johnson stated her term is ending this month as the chairperson of the Senior Advisory Board.
Johnson then introduced new members of the advisory board for the council’s approval; Beverly Christian and Elsie Deutsch.
Davis commended Johnson for the time and effort she has given the group and offered sincere thanks for her dedication to the city.
Motion by Bunting, seconded by Bell to appoint Elsie Deutsch and Beverly Christian to the Rogers Senior Advisory Board. Motion carried 4-0.
7.04 Liquor Liability Insurance for 2010 – RWAS and Muni
Buysse addressed the council regarding the liquor liability renewal for 2010. Buysse discussed the two proposals received stated he has researched other options, and the one being recommended is the best available option.
Motion by Bunting, seconded by Rauenhorst to accept the bid from Capitol Insurance Company of $18,827.92 for liquor liability insurance for 2010. Motion carried 4-0.
7.05 Consideration of Sign Relocation/Mitigation Policy Related to the TH 101
Engineer Weiss addressed the council with a power point presentation on a sign relocation/mitigation policy due to requests being received from multiple businesses for sign relocation with the construction of the flyover project. Weiss explained there are seven items to consider with the relocation/mitigation policy; application, location, sign style, traffic impact, relocation/mitigation costs, condition/depreciation, and way finding signage.
Davis questioned if there is criteria established to determine hardship.
Weiss stated there is no hard and fast rule. Each case is considered separately.
Rauenhorst questioned if when a sign is relocated/replaced would it need to come up to code compliance.
Weiss stated that would be the hardship. The Maynards’ sign is a good example, it was at code when constructed and now being relocated.
Bunting stated he takes an opposite stance. This is an issue caused by a public project, would allow them to continue with the type of sign, allowing them to raise and move the same type of sign.
Rauenhorst asked if the City is going to consider changing the signs before we drive the road to see if there is a true impact.
Weiss stated he would rather wait and see what we have out there. It’s our intention to bring it up to code if that can be done. Deal with each situation with them in the most positive way possible.
Carson stated, the issue of bringing something to code may relate to damage, is there damage to bringing it to code or not?
Bell commented on this being a gray area in this scenario with the public project. If the city is helping relocate, it is not out of the question to ask them to come into compliance, and it will be a case-by-case basis.
Weiss continued with his presentation.
Davis asked if businesses would be using this policy as a way to try to get additional signage.
Weiss stated he doesn’t know.
There was a discussion on the funding source for the assistance with sign relocation. Wieland stated anything truly project related will come from TIF 1, those not directly project related would have to come from other funding source.
Administrator Stahmer commented on screening each request carefully to make sure they are TIF eligible expenses.
Bell asked that this mitigation policy be run past the Planning Commission and get their thoughts on this as well.
Stahmer commented on the ability of the Council to do a standard sign adjustment; the only mechanism to make it “legal” within the code if the sign would not otherwise meet code.
Motion by Bunting, seconded by Rauenhorst to approve the sign relocation/mitigation policy as presented. Motion carried 4-0.
7.06 Authorization to make offers to acquire certain lands, easements, and other rights and interests for the purpose of the reconstruction of CSAH 81 and associated improvements between I-94 and Memorial Drive – Resolution No. 2009-60
Engineer Weiss and Attorney Carson introduced this item to Council. Weiss spoke on deadlines for federal funding, stating we are a little behind schedule for acquisition of properties. Weiss stated the Resolution gives the City the ability to make an offer not to exceed the certified appraisal amount.
Attorney Carson explained the services needed by Attorney Bill Dorn for title work due to an unknown title glitch, and recommended the Council approve Mr. Dorns' services, after-the-fact.
Weiss explained TIF No. 1 is the funding source and read language to be included into the resolution designating it as the funding source.
Motion by Rauenhorst, seconded by Bell to adopt Resolution No. 2009 – 60, Authorizing offers to Acquire Certain Lands, Easements, and other Rights and Interests for the Purpose of the Reconstruction of CSAH 81 and Associated Improvements Between Memorial Drive and Interstate 94, with the included language as presented. Motion carried 4-0.
Motion by Rauenhorst, seconded by Bell to authorize the work by Bill Dorn. Davis questioned funding source; staff stated TIF No. 1. Motion carried 4-0.
7.07 Approval of Resolution No. 2009-61, Authorizing Execution of Contract and Accepting Grant to Participation in the Highway Enforcement of Aggressive Traffic (HEAT)
Chief Luther asked Council to approve the proposed resolution allow the city to enter into a contract agreement for the purpose of highway enforcement for aggressive traffic; a $16,720 grant. Luther explained the title of the resolution included in the packet was incorrect and read the new title to Council.
Motion by Bunting, seconded by Rauenhorst, to adopt Resolution No. 2009 – 61 for the HEAT grant, with the new title as presented. Motion carried 4-0.
8. Other Business.
8.01 Snowmobile trails in Rogers
Bell stated he is a member of Northwest Trails Association which includes the trail that starts Main Street in Rogers. Bell stated the trails will be open as soon as there is adequate snowfall. Bell then passed out information regarding the multiple uses of the designated trails and how trails are beneficial to communities.
No formal action was taken.
9. Correspondence and Reports
9.01 October 2009 Financial Reports
No action taken.
Motion by Bunting, seconded by Bell to adjourn at 8:16 p.m. Motion carried 5-0.
Assistant City Administrator/Clerk