1. Call to Order. The regular meeting of the Council of the City of Rogers was called to order by Mayor Bunting on Tuesday, September 10, 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; Gary Buysse, Liquor Operations Manager; Jeff Carson, City Attorney; Brad Feist, Fire Chief; 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
3.01 Swearing in Jeffrey Madson as a Rogers Police Officer
Chief Beahen provided background on the swearing in of Jeffrey Madson. Beahen provided a statement regarding the risks of being a Police Officer. Beahen stated Madson was a Reserve Sergeant in Elk River and made a mid-life decision to become a police officer. Beahen then introduced Jeff Madson and welcomed him and his fiancé forward for the swearing in.
Mayor Bunting swore in Officer Jeffrey Madson.
3.02 Jessica Powell - Daughters of the American Revolution
Mayor Bunting stated about a month ago he received correspondence regarding Constitution Week. Bunting provided commentary on the importance of the Constitution and of the designation of Constitution Week. Mayor Bunting read from the proposed Resolution Proclaiming September 17 - 23, 2013 as Constitution Week. Mayor Bunting then presented the Resolution to Jessica Powell.
4. Approve Agenda
The agenda was set as submitted.
5. Consent Agenda
5.01 Approval of Minutes from August 27, 2013 City Council Meeting and Minutes from August 27, 2013 Council Work Session
5.02 Approval of Bills and Claims
5.03 Approval of Resolution No. 2013-46, A Resolution Proclaiming September 17-23, 2013 as Constitution Week
5.04 Approval of Resolution No. 2013-47, A Resolution Granting a PUD Amendment to Streeter Companies/Park Nicollet Additional Exterior Signage, Located at 13688 Rogers Drive
5.05 Adopt Ordinance No. 2013-13, An Ordinance Approving the Rezoning of Approximately 76.11 acres from MU-R, Mixed Use Regional to L-I, Limited Industry (Grady Kinghorn) and Summary Ord. No. 2013-13
5.06 Adopt Ordinance No. 2013-14, An Ordinance Amending the Adult Use Regulations and Summary Ord. No. 2013-14
5.07 Zoning Ordinance Amendments Relating to Zoning Definitions and Regulation of Kennels
• Adopt Ordinance No. 2013-15, An Ordinance Approving the Proposed Amendments to the Kennel Ordinance and Zoning Ordinance and Summary Ord. No. 2013-15
• Adopt Ordinance No. 2013-16, An Ordinance Amending the Zoning Ordinance of the City of Rogers, Section 125-1, Relating to Zoning Definitions and Summary Ord. No. 2013-16
5.08 Approval of Resolution No. 2013-48, A Resolution Hiring Jeffrey Madson as a Full Time Police Officer
5.09 Approval of Resolution No. 2013-49, A Resolution Certifying Public Employee Retirement Association Police Officer Declaration – Jeffrey Madson
5.10 Authorization to Hire Four Paid On-Call Firefighters
5.11 Accept Improvements and Approve Work Order #14 and Final Payment for the CSAH 81 Improvement Project, MN Project #STPX 2709 (157), SP 238-020-02
5.12 Accept Improvements and Approve Final Payment for the TH 101 and Northdale Boulevard/147th Avenue Watermain Loop
5.13 Approval to Purchase Departmental Issued Handguns
5.14 Resolutions Cancelling G.O. Levy
• Approval of Resolution No. 2013-50, A Resolution Canceling Debt Levy Requirements for 2008B General Obligation Improvement Refunding Bonds (Industrial Boulevard Improvements)
• Approval of Resolution No. 2013-51, A Resolution Canceling Debt Levy Requirements for General Obligation Improvement Bonds of 2003 (Rogers Drive Phase 2, South Diamond Lake Road Phase 5, and Industrial Court)
• Approval of Resolution No. 2013-52, A Resolution Canceling Debt Levy Requirements for 2006A Hassan Township General Obligation Improvement Bonds (Willandale Road Improvements)
• Approval of Resolution No. 2013-53, A Resolution Canceling Debt Levy Requirements for 2010A General Obligation Improvement/Refunding Bonds (2004 Northdale/James 101 Utility Improvements and 2010 Trailhaven Improvements)
5.15 Setting 2014 Final Budget & Levy Certification (meeting open for public comment)
5.16 Approve Purchase of a Used Cab and Chassis with Amended Equipment Certificate Funding
5.17 Call for Public Hearing to Establish Buffer Requirements for L-I Zoning District Adjacent to Park Lands.
5.18 Approval of Minnesota GreenCorps Host Site Agreement
5.11 removed by Hall
5.05 removed by Stanley
Ihli moved, Jakel seconded a motion to approve the consent agenda less 5.05 and 5.11. Motion carried 5-0.
Stanley wanted to see which piece of property is being rezoned. Stanley questioned the amount of buffer between the park and industrial zone. Stahmer stated there currently is not a buffer, however when it comes to residential to industrial, that buffer is 50 feet. Staff and Council discussed rather rezoning the park to residential; adding a buffer between a park use and industrial use is being recommended.
Stanley asked if 50 feet is large enough for a buffer. Stanley stated she would like to see them have that discussion.
Stahmer stated there is not a way to tie the buffer to this particular rezoning. Stahmer stated the property is directly south of the Henry Woods owned by the Henry Trust.
Ihli invited Swanson and Martin to speak regarding the discussion that occurred at the Planning Commission meeting. Martin reiterated what Stahmer had stated regarding not being able to tie a condition to a rezone and it was the recommendation of the Planning Commission to create a buffer as part of LI zoning district adjacent to the park land.
Stanley questioned the zoning surrounding the property - staff explained.
Stanley moved, Ihli seconded a motion to approve 5.05. Motion carried 5-0.
Hall stated he pulled 5.11 because he will be abstaining from the vote due to a perceived conflict of interest.
Ihli moved, Stanley seconded a motion to approve 5.11. Motion carried 4 -0-1; Hall abstaining.
6. Public Hearings
7. General Business
7.01 (cont.) Approval of Resolution No. 2013-54, A Resolution Approving An Update to the Rogers 2030 Comprehensive Plan Rogers, Minnesota
Stahmer stated this item would have been presented by Planner Grittman although he was called to testify in Duluth this week. Stahmer took the staff presentation explaining the purpose of the update to the 2030 comp plan. The action tonight would be to approve the current/pre-final draft, which needs to be distributed to surrounding jurisdictions for comment, then a final draft will be approved.
Staff has been discussing a couple of items in this draft that were not quite correct; a few language issues and one item that needs to be changed is figure 4.3; comprehensive land use plan map. Staff stated the map needs correcting prior to it being distributed. Staff is asking that Council approve the Resolution with the correction to the land use map in figure 4.3.
Stanley stated she heard there may be some differences in versions of the daft comp plan. Stahmer stated most changes made by the Planning Commission made it into this document.
Martin stated the only thing of substance is the land use map. It's an outdated map that needs to be replaced with the current map.
Bunting stated he feels comfortable with this going out for comment, and then having to come back to the Council and Planning Commission for final approval.
Stanley asked Martin if he is comfortable with this going out for comment. Martin stated the only key is that it has to come back before the City Council and reviewed again before final submission.
Ihli thanked Martin for his work.
Bunting recommended adding language to the motion that it comes back before the Council prior to final submission.
Stanley moved, Ihli seconded a motion adopting Resolution No. 2013-54, A Resolution Approving An Update to the Rogers 2030 Comprehensive Plan Rogers, Minnesota with the condition that the final plan come before the Council prior to submission and to correct figure 4.3; land use plan map prior to distribution. Motion carried 5-0.
7.02 Setting Preliminary Levy and Possible cont. budget discussions
Stahmer stated pursuant to tonight's meeting was a budget work session where the preliminary levy was discussed. Stahmer read from the budget memo included in the packet, highlighting the following:
• Council directed staff to draft a preliminary proposed levy certification that reflects a reasonable tax rate while maintaining sinking funds for capital and increasing the RAC levy which was previously delayed during economic downturn and the annexation process.
• Rather than recommending an additional $100,000 cushion for the preliminary levy as we have done in the past, staff intends to use the sinking funds as an element that could be adjusted should unforeseen circumstances occur between the preliminary and final levies.
• The final levy may be lower than the preliminary levy certified in September, but cannot be higher.
• Given that no cushion will be included in the preliminary levy, staff would not expect substantial changes this year between the preliminary and final levies.
• Staff and Council will continue to refine line item budgets in order to identify any additional efficiencies in service delivery.
• One such item is the definition of use of sales tax elimination savings to cities which will result in a reduced final levy or such other purpose as directed by the City Council at future budget workshops. That savings is estimated to be approximately $35,000.
• Staff is also recommending that LGA monies received during 2014 for the first time in Rogers, estimated to be $97,000, be allocated to the Public Safety Capital Building Sinking Fund verses using it to reduce the General Fund Operating Levy due to the historical instability of the program.
Stahmer then read the following recommended Preliminary Proposed Levy:
General Fund Operating Levy $4,391,451
Special Revenue Fund (RAC) Operating Levy $ 475,000
Capital Improvement Sinking Fund Levy $ 614,600
Public Works Building Interfund Loan Levy $ 110,000
Economic Development Abatement $ 90,000
General Levy $5,681,051
Special Levies (Debt) $ 634,254
Total Tax Capacity Based Levy $6,315,305
Bunting stated since he has been on the Council, there has only been one year where that number has not dropped (preliminary versus final levy). Bunting commented on the creation and necessity of the sinking funds. Bunting then discussed what has been going on with our tax rate in comparison to the neighboring cities.
Stanley stated as Wieland continues to manage the budget and massage it, that it (levy) will continue to come down.
Hall stated he is pretty comfortable understanding that it will more than likely be lower.
Bunting commented on fiscal disparities and that it would lower the rate by 6 basis points stating it equals over $1M a year contributed to fiscal disparities.
Jakel agrees stating it's a great starting point. He stated he appreciates the Mayor's comments of looking forward, planning, and taking care of our future.
Jakel moved, Stanley seconded a motion adopting Resolution No. 2013-55 establishing the proposed preliminary 2014 tax levy of $6,315,305 to include a General Levy of $5,681,051 and a debt/special levy of $634,254 setting the preliminary levy. Motion carried 5-0.
8. Other Business
9. Correspondence and Reports
9.01 August Police Report
9.02 Purchase of New Squads
9.03 Transportation Task Force Minutes
9.04 Equipment Certificate Purchase: Bituminous Mill
No action taken.
10. 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 7:35 p.m.
Council reconvened from closed session at 8:23 p.m.
Hall moved, Jakel seconded a motion authorizing staff to proceed with financing as discussed in closed session. Motion carried 5-0.
Jakel moved, Ihli seconded a motion to adjourn at 8:24 p.m. Motion carried 5-0.
Assistant City Administrator/Clerk