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Announcements, Events, Recently Updated

1.   Call to Order.  The regular meeting of the Council of the City of Rogers was called to order by Mayor Grimm on Tuesday, April 28, 2009 at 7:00 p.m. at Rogers Community Center, 21201 Memorial Drive, Rogers, MN, 55374.

Council present: Mayor Grimm, Jamie Davis, Robert Bell, Jay Bunting and Steve Rauenhorst.

Staff present: Chuck Burnham, City Planner; Jeff Carson, City Attorney; Stacy Doboszenski, Assistant City Administrator; Brad Feist, Fire Chief; Scott Lange, City Engineer; Mike Miller, Police Captain; John Seifert, Public Works Director; Steve Stahmer, City Administrator; and Lisa Wieland, Finance Director.

2.   Open Forum.  None.

3.   Presentations.  None.

4.   Approve agenda.  The following items were added to the Agenda:
      8.01   New email options for City Council members - Bunting
      8.02   Brockton Meadows Neighborhood Park – Davis
      8.03   Performance Appraisal for Administrator Stahmer - Davis  

5.   Consent Agenda.
      5.01  Approval of Minutes from April 14, 2009 City Council Meeting; Minutes from the  
               April 14, 2009 Workshop Meeting and Minutes from the April 22, 2009 Workshop 
               Meeting (Pulled by Davis)
      5.02  Approval of Bills and Claims
      5.03  2008 Fletcher Lane Improvements - Pay Application No. 2 - Twin Pines
      5.04 Authorization to Interview for Two (2) Paid On-Call Firefighters (pulled by Bunting)
      5.05 Public Works Week Itinerary
      5.06 Stormwater Management Plan Revised Text Approval

Motion by Bunting, seconded by Davis to approve consent agenda items 5.02, 5.03, 5.05, 5.06.  Motion carried 5 – 0.

Motion by Bunting, seconded by Bell to approve workshop minutes from item 5.01.  Motion carried 4 – 0 – 1; Davis abstaining due to absence.

Motion by Rauenhorst, seconded by Bunting to correct spelling of navigation on page two of the April 14, 2009 City Council Minutes and to approve the minutes.  Motion carried 5 - 0.

      5.04 Councilmember Bunting pulled this item due to costs associated with the hiring of additional firefighters and would rather have a discussion on this item versus it being on consent agenda.  He asked for the Chief’s input stating he wanted to make sure the replacements are necessary as a matter of public safety.

Chief Feist addressed the Council and explained his position on the need for the interviewing firefighters to add two additional firefighters.

Motion by Bunting, seconded by Davis to approve 5.04.  Motion carried 5 – 0.

6. Public Hearing.  None.

7.   General Business.
      7.01  Cub Foods Conditional Use Permit
Planner Burnham addressed the Council regarding the Conditional Use Permit application by Cub Foods for a hoop house.  Burnham stated the request is for all subsequent years for approval.  The Planning Commission recommended approval on a 4-3 vote. 

Mayor Grimm questioned Rauenhorst for the Planning Commission’s reasoning for the 4 – 3 vote.  Rauenhorst stated that Commissioner Kornovich was concerned that the hoop house would not be taxed as any other buildings would be taxed.

Mayor Grimm clarified that the purpose of the Planning Commission is to deal with land use.  Grimm stated he appreciates that Planning Commissioners are looking out for other interests of the City, but those opinions should be voiced to the Council.

Motion by Rauenhorst, seconded by Davis to approve the Cub Foods Conditional Use Permit.

Bell questioned the review period.  Burnham stated that staff is recommending review by complaint basis.  If there are issues, revocation procedures are included in the code.

Motion carried 4-0-1; Bunting abstaining.

      7.02  2030 Comprehensive Plan Update and Final Submittal – Jeff Miller, HKGI
Jeff Miller with HKGI addressed the Council on the approval of the comp plan to be submitted to the Metropolitan Council.  Miller then reviewed the comments received from the jurisdictions that were mailed a copy of the plan:
    1.  Elm Creek Watershed District – saving comments for surface water management plan
    2.  St. Michael – comments regarding a February 2009 meeting regarding future location of
         wastewater treatment plant
    3.  Southside Lumber opposing designation of their property as high
         density residential. |Miller explained the staff recommendation submitted to Planning 
         Commission was industrial land use designation.  The Planning Commission put the
         designation back to high density residential.  The property owner, Mr. Rick Hughes is
         present to speak to this.
    4.  Met Council submitted informal comments regarding: (1) trails, (2) regional trails, (3)
         revisions to chapter dealing with land use and densities.  Mr. Miller went through the
        density comments in detail.  Miller stated the comp plan needs to reflect three units per
        acre on average.  Miller explained the different land use categories: single family, mid
        density and a new high density residential category.  In addition to residential there is
        mixed-use downtown to facilitate redevelopment and mixed use regional near I94. 
        Densities are set at minimum for single family is 2 to 4 units per acre, mid-density is
        currently listed as  to 8 units per acre, high density is 10 to 20 units per acre, mixed
        downtown is 8 to 20 units per acre and regional is 8 to 12 units per acre.  Discrepancies
        between Hassan and Rogers densities will be worked out over next few years.  Miller
        stated the challenge with the current plan presented was densities were coming up a little
        shy of a minimum of 3 units per acre.  An option to raise single family from 2 to 2.5 or
        raise mid density from 4 to 5 or 6 was presented to the Planning Commission.  Miller
        explained in greater detail the areas being contemplated for re-guiding stating
        commercial/industrial sites were also looked at.  The option the Planning Commission
        chose was to have Southside Lumber stay a high density residential zone and bump back
        mid-density to 5.5 units per acre.  Also commented on by Met Council was the
        affordable housing requirements and regulation of individual sewage treatment systems. 
        Miller stated transportation changes will reflect what was identified in the sub-regional
        transportation plan.

Bunting questioned the density figures and asked if the annexation of Stone’s Throw was taken into account?  Jeff Miller stated they are taken into account due to the ultimate annexation.  Jeff Miller then concluded his presentation.

Rick Hughes, president of Southside Lumber Company, addressed the Council and handed out a letter he wrote in February contesting the possible guiding of his property to high density residential.  Mr. Hughes provided history of the property and the current desire to sell the land as an industrial site.  Mr. Hughes respectfully submitted that the Council does not approve the land use as high density residential.

Bunting thanked Hughes for coming and appreciates his comments.  Bunting stated he will be asking for vote for approval of the comp plan to be tabled for two weeks to give the Council more time to review the information.  Bunting tends to agree with him; high density next to the industrial site is not what the City needs.    Bunting stated he would tend to go along the lines of a mixed use to act as a buffer and additionally increase the value of his property.

Rauenhorst questions the other alternatives to find where the density can be put and also suggested tabling until we know the other options from staff.

Motion by Rauenhorst, seconded by Bunting to table the approval of the comp plan.

Davis agrees with the reasoning to table action.

Bell questioned how the City can rationalize a plan out to 2030; it does have an effect on the business and landowner and 20 years from now it may be the reasonable thing to do, but not today.  There was continued discussion on the options available for comp plan amendments and language changes to the draft plan and where to find the additional density needed to satisfy Met Council’s density requirements.

Bunting commented on the amount of work involved in the comp plan and stated they did a good job.

Motion carried 5 – 0.

      7.03  Final 2008 Transfers, Budget Carryovers, Closing of Funds and Interfund

Finance Director Wieland addressed the Council regarding closing entries to be completed for year end 2008 after the recent completion of audit field work.  Wieland briefly explained the transfers, carry-overs, and interfund loans to Council.  Wieland provided detail regarding changing the RAC interfund loan from RSAC to zero percent, stating this is not a best practices decision, but given the state of the capital fund and capital campaign contributions not received as planned, the zero percent interest will reduce the term of the interfund loan.  Wieland concluded with an explanation of the closure of three funds explained.

Mayor Grimm commented on the zero percent interest recommendation.  He stated based on the times, this is the right thing to do, and the existing 13 years could be shortened if capital contributions come forward.

Motion by Bunting, seconded by Davis to authorize the 2008 transfers, budget carryovers, interfund loan interest and closing of funds as identified in the memo as of year ending 12/31/08.  Motion carried 5-0.

      7.04  Transportation Task Force Update
Engineer Scott Lange provided a verbal report on the Transportation Task Force and Randy Jenniges provided a packet to the Council.  Lange reviewed the project list with Council.  Lange then discussed preliminary studies and miscellaneous projects.  Also discussed from the handouts was a second list is project that touch or are County projects and the County’s priorities.  Lange stated this is for update purposes, staff will be back in a month after putting time to this list and meeting with Hennepin County.

Rauenhorst asked if the task force is still talking about the South Diamond Lake Road and 101 signalization.  Lange indicated where it is on the project list – a proposed signal at a four way stop.

No action taken.

      7.05  City Parcel Tax Status
Administrator Stahmer reported that staff researched the tax status of this parcel, and the more the item was discussed internally, the more convinced he became it was not a correct situation with Hennepin County.  Stahmer reported that State Statute 272.02 sustains the City’s position for declaring the parcel tax exempt.  Stahmer stated he has made contact with Hennepin County and it is confirmed to be tax exempt for 2009.  Stahmer further reported that past paid taxes will not be able to be recaptured.

Rauenhorst thanked Administrator Stahmer for his work and research on this matter without any expenditure of funds on the parcel. 

No action taken.

      7.06  Stones Throw Master PUD and Agreement
Attorney Carson introduced the item to Council stating both the City Council and Planning Commission have seen the project.  Carson explained tonight’s request is for approval of the Master Planned United Development (MPUD) Agreement.  Carson stated this approval will advance the state of the development of this project.  Carson stated the developer is seeking approval of the MPUD agreement, zoning, and density ranges.  Carson concluded with stating the important and expensive things left to be negotiated before any development would occur within a full and final development agreement; including costs and payment of those costs.  No phase can be presented for preliminary or final approval until a master development agreement is in place.  Planner Burnham referred to his memo in the Council packet and spoke on five recommended staff conditions to be placed on tonight’s approval: 
     1. Sheet LUO shall include the following statement:  “Layouts are subject to approval and
         change during final development plan review”.
     2. The maximum density on Sheet LUO shall be revised for the Wealds of Rush Creek to a
         range of 0.5 to 1.0.
     3. Sheet S0 shall be revised in the Commercial Area Freestanding requirements, Section 1
         (1) to indicate that the maximum square footage for a single freestanding sign is 100 feet,
         with a combined maximum of 120 if located on a multiple street frontages.
     4. Amend Sheet DC1 so state “city of Rogers zoning ordinance current at time of
         application or interpretation shall control”
     5. Warehouse and distribution use to be removed from the conditional uses as listed on
         Sheet DC1 of the Master PUD plans.

Dave Sellergren, attorney for developer, addressed the Council regarding the request for the rezoning and MPUD agreement.  Mr. Sellergren stated the applicant is in agreement with staff’s recommended conditions.  Sellergren further stated the MPUD agreement is consistent with the densities and land uses in the comp plan update.  Mr. Sellergren concluded stating the applicant knows full well the future discussions and agreements regarding utilities, water tower, streets, etc.

Mayor Grimm informed the audience that they did meet on this topic in separate workshop session last week, so if the audience is not seeing a lot of questions, it’s because they have already been answered.

Motion by Bunting, seconded by Davis to approve the master PUD agreement and rezoning request with the following conditions:
     1. Sheet LUO shall include the following statement:  “Layouts are subject to approval and
         change during final development plan review”.
     2. The maximum density on Sheet LUO shall be revised for the Wealds of Rush Creek to a
         range of 0.5 to 1.0.
     3. Sheet S0 shall be revised in the Commercial Area Freestanding requirements, Section 1
         (1) to indicate that the maximum square footage for a single freestanding sign is 100 feet,
         with a combined maximum of 120 if located on a multiple street frontages.
     4. Amend Sheet DC1 so state “city of Rogers zoning ordinance current at time of
         application or interpretation shall control”
     5. Warehouse and distribution use to be removed from the conditional uses as listed on
         Sheet DC1 of the Master PUD plans.
Motion carried 5 – 0.

     7.07  Henry’s Wood Monument Sign
Administrator Stahmer stated this item was approved in 2007 and is on the agenda as a reminder to Council of the arrangement with Hassan Township to pay for half of the Henry’s Wood monument sign.  Staff has received the invoice from Hassan Township and is seeking council approval for payment from park dedication fund 404.

Motion by Rauenhorst, seconded by Bell to pay for half of the sign from park dedication funds.
Davis questioned when a public ground breaking is scheduled.  Staff will check with Mr. Willis.
Motion carried 5-0.

     7.08  Update County Road 81 Realignment Project
Public Works Supt. Seifert provided Council with an update on the County Road 81 realignment project.  Seifert stated the City is on schedule to meet the sunset clause for the expenditure of the $1.8m in federal funding.  Seifert further reported the project is in the same scope as previously approved by Council.  Staff anticipates a bid date of late February 2010 with 2010 construction.
No action taken.

     7.09  Amendment to the Master Fee Schedule, CUP Escrows
Planner Burnham stated he was approached by Council member Bunting on whether or not could reduce $5,000 for planning application escrows down to $2,000 for those cases that require little engineering or legal review and have the discretion be left to staff. 

Burnham explained the reasoning behind having it set at $5000 as a result of city staff having to stop projects midway due to escrow funds being depleted.  Staff’s recommendation for $5,000 was conservative and intentional so that the general fund was not utilized to pay consulting fees.
Staff recommends reducing fee to $2,000 in those cases that warrant little review.

Mayor Grimm asked how difficult it is to look at escrows that need to be paid back.  Finance Director Wieland stated we currently have 120 escrow funds.

Mayor Grimm then asked for a year-end report that will show what the overall balance looks like.

Wieland stated a summary worksheet is available which shows the balances; $400,000 in escrows, however, there is an individual sheet on every development.

Mayor Grimm asked for a summary at year end showing an average collected and an average paid back.  Grimm stated he too wants to protect the City.

Bunting stated he brought this item to staff several months ago, and has had two businesses approach him regarding minor work they would like to do.  Given the current state of the economy for small business $5000 is a lot to pull out of operating capital.  On smaller projects, lower the escrow.  Bunting feels that five hours of consultant and staff time is quantifiable.  Bunting stated he is certain the smaller projects will not exceed $2000 in escrow.

Motion by Bunting, seconded by Rauenhorst to adopt Ordinance No. 2009 – 04, An Ordinance Amending the Master Fee Schedule for the City of Rogers.  Motion carried 5 – 0.

     7.10  2009 I94 Chamber Business Expo Request
Administrator Stahmer stated he received a letter from Scott Weltzin with the Rogers Fire Auxiliary, to allow the I94 Chamber Business Expo and waffle breakfast to happen at the Rogers Fire Department in the fire apparatus bays.  Stahmer stated the Rogers Fire Open House is no longer done in conjunction with Oktoberfest, as part of Oktoberfest, and the Chamber Business Expo and waffle breakfast was previously held off-site.  Staff is bringing this forward due to not having a rental policy for holding events in the fire apparatus bays.

Stahmer stated the costs of cleaning and custodial and having fire equipment outside with a stand-by crew on-site, would be charged to the groups.  Looking for Council opinion to allow staff to arrange for that use on that day and come up with a reasonable fee for the use of the apparatus bays.

No questions by Council.  Council consensus was it was okay.

8. Other Business. 
     8.01  New email options for City Council members - Bunting 
Councilmember Bunting stated there are issues with the email accounts assigned to the Council.  Administrator Stahmer stated he has spoken with Greninger and he provided options for Council to receive email in a better manner.  Bunting stated a decision doesn’t need to be made tonight, but to have Greninger look at different options and see what is best.

Bell asked what some of the email issues are, stating they can hook up with any email client.
There was a discussion among Council regarding issues they are experiencing.

     8.02   Brockton Meadows Park
Davis stated he received through email a message from the Brockton Meadows HOA expressing frustration there isn’t a park yet in the Brockton Meadows subdivision, stating promises were made by City that are not being met.

Seifert addressed the Council informing them the park is in the 2009 CIP to be built and a consultant has been hired to do preliminary design.  Seifert stated the intent is to use existing play equipment in inventory to help keep costs down.  Seifert referenced a grading plan to be done by the City’s internal engineering tech and to work with the HOA to use volunteer labor.  This item has been on the Park Board’s agenda and is slated to be a 2009 project.

No action was taken.

     8.03  Administrator Stahmer performance review
Doboszenski explained the email was sent to all council members city.org email last Friday and the item will be on the next agenda.  Doboszenski asked for all responses to be submitted to Harry Brull by May 5th.  Administrator Stahmer discussed process for this being a closed item at the May 12, 2009 meeting.

9.  Correspondence and Reports.  None.
10. Adjourn to Closed Session to Discuss Sale of Property at 12522 Main Street – Reconvene to Open Meeting.
Motion by Davis, seconded by Bunting to adjourn to closed session at 8:34 p.m.  Motion carried 5-0.

Mayor Grimm reconvened the meeting at 8:46 p.m. stating discussion was held relative to the offer received for the property located at 12522 Main Street.

Motion by Bunting, seconded by Rauenhorst to authorize staff to make a counter-offer as decided in closed session.  Motion carried 5-0.

11. Adjourn.
Motion by Rauenhorst, seconded by Davis to adjourn at 8:50 p.m.  Motion carried 5-0.

Respectfully submitted,
Stacy Doboszenski
Assistant City Administrator/Clerk


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