1. Call to Order. The regular meeting of the Council of the City of Rogers was called to order by Mayor Bunting on Tuesday, December 11, 2012 at 7:00 p.m. at Rogers Community Center, 21201 Memorial Drive, Rogers, MN, 55374.
Council present: Rob Bell, Jay Bunting, Don Hall, Rick Ihli, and Maureen Stanley.
Staff present: Jeff Beahen, Police Chief; Stacy Doboszenski, Assistant City Administrator; Brad Feist, Fire Chief; John Seifert, Public Works Supt.; Steve Stahmer, City Administrator; John Thames, City Attorney; and Lisa Wieland, Finance Director.
2. Open Forum
3.01 Presentation by Rogers Youth Hockey Association – Bob Anderson
Bob Anderson was present and addressed the Council introducing himself as president of the Rogers Youth Hockey Association. Mr. Anderson presented the City with a check of $65,000. Mr. Anderson stated 20+ teams are currently using the facility and an additional 160 hours of ice time are being purchased outside the City because of the growth in the program. Mr. Anderson recognized John Seifert for his efforts in working with the Youth Hockey Association. Mr. Anderson also recognized Mike Bauer and his staff for the maintenance of the facility. Mr. Anderson also thanked the Council, staff, and residents of the City for the facility.
Council and staff thanked them for their contribution.
4. Approve Agenda
The agenda was set as submitted.
5. Consent Agenda
5.01 Approval of Minutes from November 27, 2012 Workshop Minutes and November 27, 2012 City Council Meeting Minutes
5.02 Approval of Bills and Claims
5.03 Approval of Minnesota Lawful Gambling Permit to Conduct Excluded Bingo for Rogers-Hassan Senior Friendship Group, Inc. for Bingo on Jan. 21, 2013, April 15, 2013, Aug. 19, 2013 and Nov. 18, 2013 at Cabela's, located at 20200 Rogers Drive
5.04 Approval of Request by Veit Companies to Amend the Existing Conditional Use Permit to Allow for the Addition of One (1) Small Exterior Storage Unit, Located at 20175 134th Ave. N.
5.05 Adopt Ordinance No. 2012 - 15, An Ordinance Rezone the Property Located at 21431 141st Ave. N. from Agricultural (AG) to Commercial Business (B-2) and Summary Ordinance No. 2012-15.
5.06 Adopt Ordinance No. 2012-16, An Ordinance Amendment to the Mixed Use Zoning Ordinance and Summary Ordinance No. 2012 - 16.
5.07 Authorize Planning Commission to Study Sign Standard Adjustment Ordinance
5.08 Adopt Ordinance No. 2012 - 17, An Ordinance Amending City Code Section 18 Septic Systems and Summary Ordinance No. 2012-17
5.09 Approval of Resolution No. 2012 - 62, A Resolution Approving Waiver of Certain Income Requirements for TIF Housing Districts
5.10 Hennepin County EPDB Agreement
5.11 Approval of the Rogers High School Hockey Association Ice Contract
5.12 Approve a Reduction in Retainage for the 129th Avenue Reconstruction Project
5.13 Approval of 2013 Fee Schedule, RAC Advertising Schedule and Utility Rates:
• Ordinance No. 2012-18, An Ordinance Adopting the 2012 Master Fee Schedule for the City of Rogers and Summary Ordinance No. 2012-18
• Ordinance No. 2012-19, An Ordinance Establishing Utility Rates for Sanitary Sewer, Water and Storm Water Within the City of Rogers and Summary Ordinance No. 2012-19
5.14 Approval of Final Pay Application for Trail Haven Phase I, II and III
5.15 Approval of Resolution No. 2012-63, Resolution Authorizing Lot Division Required By The Development Agreement Executed In Brockton Meadows 4th Addition
5.16 Schedule Special City Council Meeting for Weds., Dec. 19th at 5:30 p.m.
5.17 Approval of Letter of Engagement for the TH101/CR144 Project (easements /access etc.)
Ihli pulled 5.07 for discussion.
Bell moved to approve the consent agenda. Bell amended the motion to clarify that tent fees will be removed for further review from the fee schedule; item 5.13. The motion was seconded by Ihli. Motion carried 5-0.
Dennis Meadows, 22200 Marie Avenue, and a member of the Planning Commission addressed the Council stating the Planning Commission is looking for feedback and direction from the City Council regarding the proposed amendments to the sign ordinance. Meadows stated the current ordinance gives the property owners too many methods of getting what they want. Meadows asked the Council if they want the sign ordinance to stay as it is, or to tighten it up.
Stahmer stated Planner Grittman was not able to attend the meeting due to a family emergency.
Stahmer stated his understanding is the specific discussion has to do with the sign standard adjustment. The options, as he understands, is the Council could direct the Planning Commission to either leave the language in the code for sign standard adjustments, eliminate it entirely, or tighten up/change the language in the sign standard adjustments section.
Ihli stated the discussion was also for the I94 corridor having a different set of standards than the rest of the community.
Bunting stated things can always be improved, not sure how much improvement can be made on the sign ordinance. He understands the I94 corridor may need something different.
Hall stated to be cautious on not letting the I94 corridor bleed up the 101 corridor.
Staff stated the I94 corridor is one of the pieces that were recently corrected.
Bunting stated from his point of view to study sign standard adjustments singularly.
Bell commented that he is not an advocate of getting rid of adjustments and is in favor of having the Planning Commission dig into it and put more boundaries around it and find a way to make it sympathetic to unique and different situations.
Ihli moved to include the council discussion as direction and to approve 5.07. Hall seconded. Motion carried 5-0.
6. Public Hearings
6.01 Public Meeting to Set the 2013 Final Budget and Levy Certification
• Open for public comment
Administrator Stahmer reviewed the tax rate, increase in population and land area with the annexation, and the real impacts of annexation that lead to real hours/expenses/equipment. Stahmer stated the annexation was challenging but a smooth transition from an operational standpoint. Stahmer stated the final levy does include capital sinking funds, in order to lower long term costs to the City by lowering borrowing costs and interest rates. Stahmer highlighted the new commercial industrial activity. Stahmer stated the proposed levy is $6,153,413; a 6.88% increase over the amended 2012 budget. Part of the general fund levy includes $583,000 in capital sinking funds.
Wieland stated her memo outlines the format of the book. Wieland highlighted the different sections of the budget document. Wieland stated after taking public comment, two action items will be requested from Council; adopt final levy by resolution and a motion to approve the budget document.
Administrator Stahmer provided a powerpoint presentation to Council and public highlighting the following:
• Net Tax Capacity/General Fund Budget History
• Net Levy, Annexation Impacts
• Property Tax Rate Comparisons
• Fiscal Disparities Impacts in 2013
There were no questions from Council.
Mayor Bunting opened the meeting for public comment at 7:39 p.m.
Jim Kelley, Kelley Lane
In listening to the details, the big picture is still the valuation increase of 36% mostly coming from Hassan with a reduction of tax rate of 7%. Kelley stated Council has to answer why 36% was added to the total with only a reduction of 7%.
Stahmer stated there are a few different ways to answer it, with the increase of tax capacity comes service level impacts to those areas; police was used as an example.
Kelley stated Hassan had a budget of about $1M each year, in past five years.
Kelley asked if the 7% reduction stays.
Bunting stated another thing that is included is the sinking fund, Bunting spoke regarding a piece of equipment that needs to be replaced or repaired for it to be effective. Bunting used that as an example of the reason for the sinking fund. Those are the things other larger cities do.
Kelley asked if the Hassan equipment was turned over to Rogers. Bunting stated yes.
Bunting stated his goal is to keep a decent standard of services going forward and to get a good handle on what is going on with the entire road system with a pavement management plan that is being prepared. As you are probably aware, it is less expensive to perform maintenance on a blacktop road than on a gravel road.
Kelley asked how much is being contributed into the sinking fund for 2013. Staff stated roughly a little under $600,000.
Patti Sharpe, 22750 Heather Ridge Drive
Ms. Sharpe addressed the Council and thanked Council and staff for what they do. She stated she was present for a couple reasons, one for her private residence and one for her commercial building. The commercial building is located off County Road 81 and Linden Drive. Sharpe spoke on an increase in property taxes on her business of $3500. She spoke about a tenant/client and needing to let them know that they now need to pay $65 per day in property taxes, the tenant only having a 6 month lease, and the tenant may need to relocate. Sharpe stated she was a previous Hassan Township resident and her taxes increased 43.7%. She stated she works very hard, loves the community, but will have to put up a for sale sign if this continues stating she can't afford increases like that. She also stated she is very discouraged by how few people showed up this evening.
Bunting, when it comes to valuations, those are completely done by Hennepin County. Bunting then discussed the zero levy set by Hassan for 2012 taxes.
Sharpe stated she is stuck on the sticker shock. She referenced the market value which should have been addressed back in the Spring.
There was a discussion between Sharpe and staff regarding the proposed methods of phasing in the Hassan properties, but that the Town Electors voted in a zero levy. Wieland explained the difference between 2011 and 2013. Wieland explained that there were no local taxes paid in 2012 by former Hassan properties. Wieland offered to do calculations for her.
Linda Thomas 14455 Thomas Trail
Ms. Thomas stated she is here to let Council know that the tax increase on her home is 100% Rogers. She stated her value went down $20,000 but her taxes went up $1500 and asked if that will continue.
Bell informed Thomas that last year (2012) the taxes were nothing.
Thomas stated it is odd when your value goes down but taxes go up.
Bunting provided an example stating the total tax bill went up because of the increase of county and school district taxes.
The proposed tax increase that is on the tax statement is what is going to be approved tonight for the local city portion of the taxes.
Thomas stated a newsletter from the City would have helped them understand. Thomas then stated, on a different subject, she would like the City to put some bike trails in Hassan.
Bell stated Rogers has tried to maintain a very level tax rate. With the annexation things have caused that to change. In future years taxes in the City's portion of the tax bill should be very similar according to the City's financial management plan.
Stahmer did state a newsletter was distributed in November.
Bell moved, Ihli seconded to close the public comment portion at 7:56 p.m. Motion carried 5-0.
• Approval of Resolution No. 2012-64, A Resolution Setting the 2013 General and Special Levies
Bell moved, Ihli seconded a motion to adopt Resolution No. 2012-65, A Resolution setting the 2013 General and Special Levies. Motion carried 5-0.
• Adoption of 2013 Budget
Ihli moved, Stanley seconded a motion to adopt the 2013 City of Rogers Budget including: the General Fund, Rogers Activity Center (RAC) Special Revenue Fund, Other Financing Sources & Uses Budgets; the Enterprise Fund Budgets and other supporting budget documents (Personal Services Budget, Transfer Budget, Interfund Loans, organizational chart, five year FMP and CIP). Motion carried 5-0.
7. GENERAL BUSINESS
7.01 Approval of Clerical Hires at Police Dept.
Chief Beahen stated two vacancies have been made in the clerical staff at the police department. Beahen stated the Administrative Assistant/TAC position was opened for applications, we received 80 and 10 received an initial phone interview with four receiving formal interview. Beahen stated the background process eliminated the two finalists for the position. Beahen stated he then looked to the temporary employee who has been filling the position since August. Beahen provided background information on Jana Block, the temporary employee. Beahen recommended she be hired in the position of Administrative Assistant/TAC and gave the Council his assurances that she is very capable of doing the job.
Beahen then presented background information on Kathy Breseman and recommended her for the position of Police Administrative Assistant.
Beahen stated both applicants have been interviewed by himself and Administration and he is very confident of the skills and aptitude of both candidates.
Bunting spoke highly of Jana Block and Kathy Breseman as great additions to police department.
Bunting moved, Ihli seconded a motion to approve the hire of Jana Block for the position of Administrative Assistant/Terminal Agency Coordinator and Kathy Breseman for the position of Police Administrative Assistant effective 12-12-12. Motion carried 5-0.
7.02 Approval of 2013 Liquor Liability Insurance
Liquor Manager Buysse addressed the Council regarding the renewal of the liquor liability insurance for the Rogers Wines and Spirits and Rogers Muni. Buysse stated because of the number of municipalities through the MMBA consortium using Indemnity, they are able to reduce the cost. Buysse stated we are realizing a reduction in cost from Indemnity for 2013.
Council did not have questions.
Ihli moved, Hall seconded a motion accepting the competitive quote from Indemnity Insurance Company as Liquor liability insurance carrier for 2013. Motion carried 5-0.
7.03 Presentation to Councilmember Rob Bell
Bunting presented a Certificate of Appreciation to Councilmember Rob Bell and read from the certificate.
Bunting also stated he has known Rob for a long time and very few people give the kind of commitment to the Community as Rob has. His leadership on the Planning Commission was phenomenal. He has been a voice of reason on the City Council. He looks into the details, especially with lighting and signage, and has set precedent with downcast lighting. Rob is one of those people who is exactly what you want in your organization. He will be very much missed.
Council agreed with Buntings statements.
Bell thanked Mayor and Council for the compliments and words stating it has been a fulfilling experience. He started on the Council in 2009 and the City was in a challenging phase. Due to the good leadership, good administrative and management leadership, and current city staff we have come a long ways and are in a good stable position. Bell thanked all city staff who helped in his role and thanked Council.
8. Other Business
9. Correspondence and Reports
9.01 November, 2012 Police Report
9.02 Update Regarding a Request for a Joint Powers Agreement With the City of Dayton to Provide Sanitary Sewer and Temporary Water Service to Properties in Southeast Rogers
10. Adjourn to Closed Session to Discuss Purchase Agreement – Reconvene to Open Meeting
Bunting adjourned the meeting to closed session at 8:13 p.m.
Council reconvened at 8:30.
Bunting moved, Bell seconded a motion authorizing the Attorney and staff to prepare and approve the purchase agreement and authorize payment and execution of closing documents by end of year. Motion carried 5-0.
11. Adjourn to Closed Session to for Administrator's Annual Performance Review – Reconvene to Open Meeting
Bunting adjourned to closed session at 8:31 p.m.
Council reconvened at 9:00 p.m.
At this time Mayor Bunting excused himself from the Council table and Rob Bell assumed the Acting Mayor position.
Attorney Carson stated the Administrator's Performance Review was held in closed session.
Stanley moved, Ihli seconded a motion to adjourn at 9:03 p.m. Motion carried 4-0.
Assistant City Administrator/Clerk