1. Call to Order. The regular meeting of the Council of the City of Rogers was called to order by Acting Mayor Ihli on Tuesday, June 11, 2013 at 7:00 p.m. at Rogers Community Center, 21201 Memorial Drive, Rogers, MN, 55374.
Council present: Don Hall, Rick Ihli, Darren Jakel, and Maureen Stanley.
Council excused: Jay Bunting.
Staff present: Gary Buysse, Liquor Operations Manager; Jeff Beahen, Police Chief; Jeff Carson, City Attorney; Steve Grittman, City Planner; 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
Al Krinke along with his attorney Richard Saliterman approached the Council to give them a heads up on what is happening in Al's neighborhood. Saliterman provided history on Krinke's property stating they purchased the property in 1985 with an 8" pipe running across the property with septic drainfield that ran into farmer's land stating that is the main sewage system serving the property. Saliterman drew the layout of Krinke's property and surrounding properties on an easel to provide a visual for the council. Saliterman stated a developer comes in to develop the property to the west. Saliterman stated the Council minutes will reflect where the sewer tie is for the new development and that Krinke will be tied into the development.
Attorney Carson stopped Saliterman and stated considering the brief conversation he had with him before the meeting, if they couldn't arrange to meet and go through it and make sense of it all to the City. The City can't do anything tonight about the subject, because it is not on the agenda and there are time sensitive items on the agenda. Carson asked Saliterman to meet with him outside of the meeting to gain a better understanding of the situation.
Saliterman stated the property to the west is being developed now. There are stakes for new development on that parcel. Mr. Krinke is worried about what the heavy equipment could be doing to the pipe; crushing the pipe.
Saliterman concluded that he would like to meet with Attorney Carson regarding this matter.
Council thanked them for speaking.
3.02 2012 Audit Presentation by Andrew Berg, Abdo, Eick & Meyers
Finance Director Wieland began the audit presentation with a background of the 2012 Audit which was the first audit since the merged community. Wieland spoke on the increase in fund balance and attributed the increase to the increase in building activity and underspending by the Public Works. Wieland thanked staff and management for their assistance in the audit process. Wieland then introduced Andy Berg.
Berg went through the Audit Management Letter with Council page by page and fielded questions from the Council. Berg stated they provided a qualified opinion with no audit findings, which is the best opinion they can give.
There were no questions from Council.
Ihli thanked Lisa and Andy Berg for their work.
3.01 Public safety building Options – Presentation by Tom Moorse of HTG
Tom Moorse with HTG handed out paper copies of his PowerPoint presentation showing three options for a new public safety building at the current fire department location.
Moorse addressed the Council stating in October he was hired to do some long range planning of City facilities. Moorse reviewed the various options and analyzed the option of combining public safety into one building. Moorse stated under all the options, the fire station remains as it is today with little to no changes. Moorse proceeded through all three options with the Council.
Ihli stated he has sticker shock over the cost estimates page.
Ihli stated he would like to digest the information a little more and would like to discuss this more at the work session coming up at the next meeting and discuss it in more detail at that time.
Hall stated they are just estimates. Moorse concurred, the estimates are based totally on the square foot numbers.
Stahmer stated staff will be looking at financing options with some historical issues with how the community room space was originally built. Will try to have some of that information available at the June 25th work session.
Moorse concluded that the team has leaned toward option number one.
4. Approve Agenda
Jakel added one item to Other Business.
5. Consent Agenda
5.01 Approval of Minutes from May 28, 2013 City Council Meeting
5.02 Approval of Bills and Claims
5.03 Acceptance of 2012 Audit as Presented
5.04 Requests by Northridge Fellowship Church, Located at 12522 Main St.:
• Approval of Resolution No.2013-30, A Resolution Granting a Variance for a Front Yard Setback from 50 feet to 30 feet
• Approval of Resolution No. 2013-31, A Resolution Denying the Variance to Waive the Requirement for a Fence Abutting R-2 Zones
• Approval of Resolution No. 2013-32, A Resolution Granting Site Plan Approval of a 6,925 sq.ft. Addition on the East Side and a 5,810 sq.ft. Addition on the West Side of the Building
5.05 Approval of Resolution No. 2013-33, Request by 1st National Bank at Diamond Pointe of Rogers for a PUD Amendment to Allow the Construction of a 1 Story 3000 sq.ft. Building, Located at 13785 Rogers Drive
5.06 Adopt Ordinance No. 2013-06, An Ordinance Amending Sec. 125-193 and Section 125-323 Accessory Building of the City of Rogers Code, Relating to Agricultural District and Summary Ordinance No. 2013-06.
5.07 Adopt Ordinance No. 2013-07, An Ordinance Amending the B-3 District, Sec. 125-202 (e) of the City of Rogers Code and Summary Ordinance No. 2013-07.
5.08 Adopt Ordinance No. 2013-08, An Ordinance Amending the RE-5 District, Sec. 125-191 (f)(8) of the City of Rogers Code and Summary Ordinance No. 2013-08.
5.09 Approval to Close City Hall on Friday, July 5th
5.10 I-94 Chamber Coalition Funding Request
5.11 Approval of Municipal Consent for Bridge Replacement by Hennepin County at Rush Creek on CSAH101 (Brockton Lane)
5.12 Approval of a Temporary 3 Day On-Sale Liquor License for Lions Club for Rockin Rogers
5.01 Stanley pulled 5.01 because of her absence from the meeting.
Hall moved, Jakel seconded a motion to approve the consent agenda less 5.01. Motion carried 4-0.
Jakel moved, Hall seconded a motion to approve 5.01. Motion carried 3-0-1; Stanley abstained.
6. Public Hearings
6.01 Public Hearing to Consider a Request by Michael Dickie for a Conditional Use Permit to Facilitate the Construction of an Accessory Building with 14 foot Side Walls
Planner Grittman stated the item is scheduled for a public hearing at the Council level because of a timing issue with full newspaper notice. The Planning Commission did hold the public hearing and scheduled the second public hearing for Council. Grittman stated the request is to construct an accessory building on an RE 5 parcel with 14 foot sidewall height. Grittman stated the lot is heavily wooded. Staff and Planning Commission are both recommending approval.
Mayor Ihli opened the meeting for public comment at 7:41 p.m.
George Gmach, representing the land immediately to the east, addressed the Council
Gmach stated he showed up tonight only to see a site plan of the proposed building.
And has no objection to the 14 foot sidewall, he just want to make sure the building is not on the line.
Grittman stated the building is situated in the middle of the lot.
Ihli asked that Mr. Dickie come forward. Mr. Dickie stated the 14 foot sidewalls are to accommodate a boat and he is building it with the same color siding as the house. Ihli asked if the lot is heavily wooded. Dickie stated it is.
No other comments were received.
Stanley moved, Hall seconded a motion to close the public hearing at 7:43 p.m. Motion carried 4-0.
Stanley moved, Jakel seconded a motion to approve the Conditional Use Permit to Facilitate the Construction of an Accessory Building with 14 foot Side Walls as requested. Motion carried 4-0.
6.02 Public Hearing on Improvements for the Extension of Trail and Lighting Improvement Along Rogers Drive
Engineer Weiss provided a PowerPoint on the Roger Drive trail and lighting improvement project. Weiss stated the proposed assessment spreadsheet has been revised since those assessments were already received on the Muller parcels, however the trail was not originally included in the initial project. Weiss stated the trail extends from just south of Broadway Pizza to South Diamond Lake Road; the trail that is along Broadway Pizza will be completed with the interchange project. Weiss provided background on the proposed lighting improvements stating the lights are being spaced at 200 feet. Weiss then broke out the project costs; $286,000 for the trail and $160,000 for the lighting.
Weiss stated the City's portion of the project is paid out of the Rogers Drive Realignment Fund stating there are funds in place for this project and to complete the signalization at Rogers Drive and South Diamond Lake Road. Weiss further stated the trail assessments are for the eight foot wide trail with the City to absorb the additional two feet of width.
Weiss stated we are assessing both sides of the road for the improvement. Weiss then reviewed the schedule with the Council and stated there are two action items for tonight's meeting; accepting the feasibility report – approving the updating of the plans and specs and ordering the project.
Weiss asked Council if they had questions.
Stanley asked how many front feet are in the project. Weiss stated 6,583 total feet.
Ihli opened the meeting was opened for public hearing at 7:55 p.m.
Jeff Benzinger with Benzinger properties questioned if the trail and lighting will be on the east or west side of Rogers Drive.
Weiss stated it will be on the east side and they would be looking for a location for a mid-block crossing. It may involve a future stop sign, something that would need to be researched further.
No other comments were taken.
Hall moved, Jakel seconded a motion to close the public hearing at 7:57 p.m.
7. General Business
7.01 Items Relating to the Trail and Lighting Improvements along Rogers Drive
• Approval of Resolution No. 2013-34, A Resolution Accepting the Amended Feasibility Report,
• Order the project and authorize updating the plans and specifications for the extension of trail and lighting improvements along Rogers Drive and Richard Street (Rogers Drive)
Weiss stated the order of action items as presented would be to first accept the feasibility report and authorize updating the plans and specifications by WSB at a cost of $3500.
Jakel stated the path along South Diamond Lake Road is lacking lighting. Seifert stated the intersections along South Diamond Lake Road have been worked on through the winter while bringing internet into the commercial area and the contractors pulled conduit for the City and we currently have a plan to light those intersections.; George Weber Drive, Wellstead Drive, and Commerce Boulevard.
Ihli stated he sees more positivity with this project; having a safe place to walk versus walking down the street.
Jakel concurs it has potential to be a highly traveled pedestrian traffic road.
Stanley asked if we have talked with HOM and if this impacts them. Weiss stated they called and he reviewed the numbers; stating they understand. Stanley asked Lisa if there was funding available for all of this. Wieland stated there is.
Jakel moved, Hall seconded a motion to accept the feasibility report and authorize updating the plans and specifications at a cost of $3500. Motion carried 4-0.
Jakel moved, Hall seconded a motion to approve Resolution 2013-34, a Resolution accepting the amended Feasibility Report. Motion carried 4-0.
7.02 Kinghorn Property Rezoning - Status Report
Staff stated this item was placed on the agenda as a placeholder to give the Council an opportunity to provide any feedback to the Planning Commission on the request for rezoning.
Jakel didn't have a question, but appreciates them taking time for a large decision. Looking forward to the recommendation to come back.
Stanley asked about traffic study results. Grittman stated they won't be available until July, but hoping for some preliminary information by the end of June.
Ihli stated he is in favor as long as it fits into the City's plans and works well for the City. Ihli then thanked the Planning Commission and looks forward to it coming back in a couple weeks.
No action taken.
7.03 Requests by Liberty Property Trust:
• Approval of Resolution No. 2013-35, A Resolution Granting Preliminary and Final Plat Approval for Liberty Industrial Park at Diamond Lake 3rd Addition
• Approval of Resolution No. 2013-36, A Resolution Granting Site Plan Approval for the construction of a 227,054 sq.ft. Office/Warehouse
Grittman stated this item was heard by Planning Commission at their May meeting; the third phase of the Liberty Industrial Park. This item was put on general business to acknowledge the significant project in the community. Planning Commission and staff recommend preliminary and final plat approval as well as site plan approval as presented.
Ihli stated Liberty has been a quality partner for the City. Ihli questioned representatives of Liberty if there is a timeline.
A representative of the architect addressed the council stating they wanted to be ready to go if there is demand for the leasing; he anticipates a spring project.
Hall stated he echoes the statements and appreciates their partnership and the units they are building; they add great value and they look nice.
Jakel stated our industrial park is an envy of communities across the County. It attracts good businesses and good investments with high standards set forth.
Jakel moved, Stanley seconded a motion to approve Resolution No. 2013-35, A Resolution Granting Preliminary and Final Plat Approval for Liberty Industrial Park at Diamond Lake 3rd Addition. Motion carried 4-0.
Ihli moved, Jakel seconded a motion to approve Resolution No. 2013-36, A Resolution Granting Site Plan Approval for the construction of a 227,054 sq.ft. Office/Warehouse. Motion carried 4-0.
8. Other Business
Jakel stated his question was answered.
Staff called for a point of clarification on the vote of 5.01; approving the minutes from May 28th.
Ihli took a vote on the approval of the minutes. Jakel moved, Hall seconded a motion to approve 5.01. Motion carried 3-0-1; Stanley abstained.
9. Correspondence and Reports
9.01 May Police Report
9.02 Letter of Support for Hennepin County's Federal Funding Application
No action taken.
10. ADJOURN TO CLOSE SESSION FOR DISCUSSION OF POTENTIAL PROPERTY ACQUISITIONS RELATED TO THE HWY 101/CR 144 PROJECT
Ihli adjourned the meeting to closed session at 8:11 p.m.
Council reconvened from closed session at 9:04 p.m.
Attorney Carson stated staff discussed potential property acquisitions related to the County Road 144/Highway 101 road improvement project. Assistant Administrator Scharber read the following recommended motion: A motion authorizing staff to make revised offers as presented in closed session with the attempt to continue negotiations. Jakel made the motion, Hall seconded. Motion carried 4-0.
Jakel moved, Stanley seconded a motion to adjourn at 9:05 p.m. Motion carried 4-0.
Assistant City Administrator/Clerk