1. Call to Order. The regular meeting of the Council of the City of Rogers was called to order by Mayor Bunting on Tuesday, January 8, 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; Jeff Carson, City Attorney; Stacy Doboszenski, Assistant City Administrator; Brad Feist, Fire Chief; John Seifert, Public Works Supt.; Steve Stahmer, City Administrator; Bret Weiss, City Engineer; and Lisa Wieland, Finance Director.
Doboszenski swore in the Mayor Bunting and Councilors Hall and Jakel into their new terms.
3. Open Forum
4.01 Rogers Lions Donation to Park Fund
Mayor Bunting invited members of the Rogers Lions Club forward to present their donation to the Park Fund. The Lions presented a check for $30,000 to the City.
Council and staff thanked them for their contribution.
4.02 Swearing in of Jared Peterson as a Rogers Police Officer
Mayor Bunting invited Officer Jared Peterson to be sworn in.
Chief Beahen provided background regarding Jared Peterson. Bunting swore in Mr. Peterson.
Chief Beahen invited Jared's parents forward to pin on his badge.
4.03 Certificate of Recognition Presented to former Mayor Grimm
Mayor Bunting presented a Certificate of Recognition to former Mayor Jason Grimm. Also presented was a plaque of honored Mayors. Staff stated the plaque will contain Mayors from the past 50 years and those going forward.
5. Approve Agenda
The agenda was set as submitted.
6. Consent Agenda
6.01 Approval of Minutes from December 11, 2012 City Council Meeting and December 19, 2012 Special City Council Meeting
6.02 Approval of Bills and Claims
6.03 Approval of a Minnesota Lawful Gambling Permit to Hanover Crow River Lions to Conduct a Raffle on February 8, 2013 at the Wellstead of Rogers, located at 20500 S. Diamond Lake Road
6.04 Approve Renewal of On-Sale Liquor License for Applebee's
6.05 Approve Renewal of On-Sale Liquor License for Broadway Bar & Pizza
6.06 Approve Renewal of On-Sale Liquor License for Guadalajara's Mexican Restaurant
6.07 Approve Renewal of On-Sale Liquor License for Maynard's Restaurant
6.08 Approve Renewal of On-Sale Liquor License for Wellstead of Rogers
6.09 Approve Renewal of On-Sale Liquor License for Stonelounge pulled by staff
6.10 Approve Renewal of 3.2 and Wine License for Angeno's Pizza and Pasta
6.11 Approve Renewal of 3.2 and Wine License for Noodles & Company
6.12 Approve Renewal of 3.2 and Wine License for Minne's Diner
6.13 Approve Renewal of 3.2 and Wine License for Hong Thai Restaurant
6.14 Approve Renewal of 3.2 Off-Sale Liquor License for Cub
6.15 Approve Renewal of 3.2 Off-Sale Liquor License for Super America
6.16 Approve Renewal of 3.2 Off-Sale Liquor License for Target Super Stores
6.17 Approve Renewal of 3.2 Off-Sale Liquor License for Holiday Station Store #307
6.18 Approval of Request by True Value Hardware for a Conditional Use Permit for the following:
• Outdoor display next to building including propane exchange cabinet
• Seasonal parking lot greenhouse and outdoor sales area
6.19 Resolution No. 2013-01, A Resolution Granting Approval of Request by 101 Marketplace/RMK Partners, LLC for a PUD Amendment to Allow Tenants to Have Signage on the North Side of the Building, Located at 14165 James Road
6.20 Resolution No. 2013-02, A Resolution Granting Approval of Request by Grady Kinghorn for Preliminary and Final Plat Approval of Kinghorn Industrial Park Pulled by Council
6.21 Approval to Accept Donation to the Park Fund from Rogers Lions Club
6.22 Approve Rogers Fire Department Administration Policy Manual Amendments
6.23 Approval of Resolution 2013-03, A Resolution Establishing General Policy for Annual Fire Pension Benefit Level Adjustments Pulled by Council
6.24 Authorization to Begin Hiring Process for Police Officer
6.25 Approve a Reduction in Retainage for the North Ground Storage Reservoir and Pumping Facility Project
6.26 Approval of Resolution No. 2013-04, A Resolution Hiring Jared Peterson as a Full Time Police Officer
6.27 Approval of Resolution No. 2013-05, A Resolution Certifying Public Employee Retirement Association Police Officer Declaration – Jared Peterson
Hall moved, Stanley seconded a motion to approve the consent agenda less 6.09, 6.20, and 6.23. Motion carried 5-0.
Planner Grittman addressed the Council regarding the approval of the Preliminary and final Plat of Kinghorn Industrial Park. Staff stated the proposal is to approve the resolution with the modification to condition #3 as listed in the resolution as follows: Approval of the plat does not constitute formal or implied approval to fill any wetlands. Applicant recognizes they will need to complete a wetland conservation act replacement plan application and that the subject property may need to modify the plan to adhere to the findings and recommendations of the TEP and LGU.
Ihli asked if this sets the project back at all. Grittman stated the process needs to happen, this just clarifies the necessary approvals.
Ihli moved, Jakel seconded a motion approving 6.20 with the change to condition #3 as stated by staff. Motion carried 5-0.
Hall stated in the resolution toward the last paragraph talks about 2% every year. Hall stated he would like to see someone come before Council every year and request an increase.
Administrator Stahmer stated he wanted to clarify one thing; the policy would call for the assumed increase – a blended average of the COLA across full-time city staff groups.
Hall moved, Stanley seconded a motion to table item 6.23. Motion carried 5-0.
At this time, Mayor Bunting invited Grady Kinghorn forward to introduce Clam Corp. Bunting stated the City is very happy to have them come to Rogers.
Kinghorn addressed the Council stating he usually doesn't try to get plats done and buildings approved in five weeks. He understands there are some things that they need to take into account and Rogers is moving faster than other governmental agencies. Kinghorn stated he appreciates what everyone went through and stated he is glad to have his base in Rogers.
7. Public Hearings
8. GENERAL BUSINESS
8.01 Annual Appointment Process
Mayor Bunting moved to have Rick Ihli as acting Mayor, Hall seconded. Motion carried 5-0.
Ihli moved, Stanley seconded a motion naming the following official depositories for 2013: Wells Fargo Bank NA (City and EDA), 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., Community Investment Partners, and Central Bank. Motion carried 5-0.
Bunting moved, Ihli seconded a motion naming the City Attorney as Carson, Clelland, & Schreder; Jeff Carson and Bill Clelland. Motion carried 5-0.
Hall moved, Jakel seconded a motion naming Bret Weiss, WSB as City Engineer. Motion carried 5-0.
Ihli moved, Stanley seconded a motion naming Steve Grittman, NAC, Inc. as City Planner. Motion carried 5-0.
Stanley moved, Ihli seconded a motion naming Metro West Inspection Services Inc; Loren Kohnen as the Building Official. Motion carried 5-0.
Ihli moved, Jakel seconded a motion naming the North Crow River news as the City's Official Newspaper. Motion carried 5-0.
Ihli moved, Bunting seconded a motion appointing Ihli as the primary and Hall as the alternate Planning Commission. Motion carried 5-0.
Hall moved, Ihli seconded a motion appointing Stanley as the primary and Jakel as the alternate to the Park Board. Motion carried 5-0.
Stanley moved, Ihli seconded a motion appointing Hall as the primary and Ihli as the alternate to the Arena Commission. Motion carried 5-0.
Hall moved, Jakel seconded a motion appointing Bunting and Ihli as representatives to Rogers Fire Relief Assoc. Motion carried 5-0.
Bunting moved, Jakel seconded a motion appointing Kevin Jullie as City Representative on the Elm Creek Watershed Commission. Motion carried 5-0.
Jakel moved, Stanley seconded a motion naming Ihli as primary and Stanley as secondary to the Senior Advisory Board. Motion carried 4-1; Ihli voting no.
Ihli moved, Hall seconded a motion appointing Ihli and Stanley to the Liquor Commission with Jakel as an alternate. Motion carried 5-0.
Jakel moved, Stanley seconded a motion appointing Bunting and Jakel to the Transportation Task Force with Hall as an alternate. Motion carried 5-0.
Bunting moved, Ihli seconded a motion appointing Stanley as the primary and Bunting as the alternate to the Library Scoping Committee. Motion carried 5-0.
Bunting moved, Jakel seconded a motion appointing Ihli as the primary and Stanley as the alternate to the School Diversity Committee. Motion carried 5-0.
After discussion, Bunting moved, Ihli seconded a motion appointing Bunting and Hall to the Public Safety Task Force with Jakel as an alternate. Motion carried 5-0.
8.02 Planning Commission Appointments
Planner Grittman addressed the Council regarding the appointments.
Staff recommends the three appointments as brought forward by the Planning Commission for terms ending in 2015. If the Council chooses, it may consider whether Alternate Commissioner Swanson should be reassigned to regular membership, and assign one of the current appointees as an Alternate for the upcoming term. Grittman stated the Planning Commission felt, for procedural reasons without being able to interview Swanson, to appoint those that were present.
Grittman stated the Planning Commission's recommendation is to make the following appointments to the Planning Commission for three year terms ending in 2015:
• Brian Denker
• Carl Knapp
• Tom Burr
Ihli stated as the Planning Commission liaison for the Council, in the past we have never overturned their recommendation in appointing members, but we have moved alternates up to seated positions. Not knowing there was an interview policy Swanson was absent that evening due to illness. He did apply through proper channels by email. Ihli stated he is a little disappointed that he (Swanson) didn't get appointed.
Stahmer stated from a practical standpoint the two alternates tend to get seated often with absences. Steve Swanson has probably sat on a few meetings in 2012.
Stanley stated she agrees with Ihli and would like to see him get the opportunity to interview for that position.
Bunting discussed holding interviews starting in November instead of the end of December. Bunting stated he is not a fan of overturning Planning Commission recommendations. He stated he can certainly understand the comments made by Ihli and Stanley.
Hall stated he echoes the Mayor's sentiments and he also agrees with Ihli and Stanley; experience would certainly trump an interview.
Jakel stated as a former Planning Commission member, you don't want to set a precedent. It should not be a standing that if you are an alternate that you can't just bump into the position.
Brian Denker, Planning Commissioner, was present and stated he was on family vacation and didn't make it back to the meeting. He did not get a chance to interview any of the candidates. He agrees the alternates wouldn't just be moved into permanent positions. He stated he would be happy to continue to serve with Steve Swanson as a full member on the Planning Commission. Denker stated his only concern was the mandate that everyone who was interested needing to be interviewed for the position.
Jakel stated in the future the process needs to start in November and finish in December.
Ihli moved to have Steve Swanson be placed from an alternate to permanent position on the Planning Commission and to move Tom Burr to alternate status. Jakel seconded. The motion was amended to include the reappointment of Commissioners Knapp and Denker.
Bunting stated he is hesitant to overturn the Planning Commission's recommendation.
Hall asked if Swanson could still participate in an interview. This led to discussion on having Steve Swanson interview for the position.
Bunting stated he would feel more comfortable in sending it back to the Planning Commission instead of overruling Planning Commission; send back the same set of names, consider those names for the seated position, interview Steve Swanson, and revote.
Council continued to discuss how to proceed.
Bell stated he can appreciate not wanting to overrule the Planning Commission, however that may be more important to business related recommendations regarding development than in this scenario regarding the appointment process. Bell stated going against recommendation is probably not a big deal in this case.
Stahmer stated the Planning Commission interviewing and approving those recommended for appointment has value in the process. However, in many cities, the Council conducts the interviews.
Doboszenski reread the motion. Bunting called the vote. Motion carried 5-0.
8.03 Authorization to Hire Fire Technician
Chief Feist addressed the Council regarding the hiring of the Fire Technician. Feist provided background on the interview process; conducting final interviews Friday afternoons with excellent candidates. The recommendation tonight is to hire John Hale. Feist provided background on Mr. Hale.
Jakel stated staff did a nice job with the three that were presented to the interview board. Jakel stated it is nice to hear people excited to work for the City with an emphasis on safety and prevention.
Bunting stated with this new position, we have to watch how this process unfolds with local business people. The focus is on the safety and safety of people in the building, fire fighters and officers. Bunting stated we are looking for a partnership with the local business community.
Jakel talked about working in the private sector and dealing with inspectors coming into a building. Jakel stated he would not support large corrections needing to be accomplished in 30 days or done. If there are hardship issues there will be some phasing in. Life threatening is another thing.
There was continued discussion on creating partnerships and allowing time for corrective action.
Bunting moved, Ihli seconded a motion to authorize the City Administrator to extend a conditional job offer to John Hale for the position of Fire Technician. Motion carried 5-0.
8.04 Discussion on Sergeant Promotion Process
Chief Beahen addressed the Council and apologized for the lateness of the information stating the item going forward for Council approval was given to him late in the week. Beahen stated his goal is not for formal action tonight, but for discussion. Beahen stated he has delivered a tremendous amount of information to digest. Beahen stated the statistical information that will be given is not to sway Council into thinking "we need more people". No additional bodies, but how to manage $2M in a more essential and effective way. The police department is requesting the Council consider and potentially approve the addition of two additional patrol sergeants to the police department. These would be internal promotions and would not create additional staff being added to the current force-rather making two current employees supervisory personnel.
Beahen proceeded through a powerpoint presentation highlighting the following:
Preparing for the future
What Matters; Council philosophy
What the residents want from the department
Managing for value
How this will work in Rogers
Beahen stated this request for additional supervision is not a desire to be top heavy, but to have someone responsible as a manager on each shift. Beahen stated this is not a reflection of anyone on the department, he is asking for consideration to take the existing staff and bring it to the next level.
Hall agrees with Chief and understands where he is coming from. Hall stated he can appreciate the amount of work done by Beahen and can echo the sentiments as he is going through the same thing in his company.
Jakel stated he didn't get the information until tonight and wants to look into it stating Beahen has made a lot of good points.
Bunting, appreciates the Chief's efforts he has put into this, stating he has discussed this for hours over the last few weeks and sees the need for the positions. Bunting stated the Chief working too many hours and this is a way for Capt. Miller and the Chief to cut back on their time and to get more value out of their hours.
Bunting would like to see a large number of people, three to six members of the department, express interest in the position. Many of them could do this position well with a little bit of training.
Ihli asked if anyone that is on staff now can apply. Chief Beahen explained anyone with two years of experience. Beahen stated those eligible should try; this is a positive life changing experience.
Doboszenski asked for clarification on policy; two years within the department or two years of experience coming from combined departments. Beahen stated he would need to look at the current policy.
Stanley asked if there is a cost for the extra equipment that was referenced in the presentation. Chief spoke on designating a Supervisor's car that would hold the necessary equipment.
Beahen requested the Council take time to digest the information presented stating he is not here tonight for a decision, and doesn't expect one. Want to get this going.
Bunting asked if the next meeting is enough time for the rest of the council to review. Council stated it is. Bunting advised staff to include this on the next agenda for consideration.
9. Other Business
10. Correspondence and Reports
10.01 December, 2012 Police Report
10.02 October, 2012 Financials
Hall moved, Ihli seconded a motion to adjourn at 8:27 p.m. Motion carried 5-0.
Assistant City Administrator/Clerk