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, September 24, 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.
Member excused: Jay Bunting.
Staff present: Jeff Beahen, Police Chief; Gary Buysse, Liquor Operations Manager; Jeff Carson, City Attorney; Sheila Cartney, City Planner; Brad Feist, Fire Chief; John Seifert, Public Works Supt.; Stacy Scharber, Assistant City Administrator; Steve Stahmer, City Administrator; Bret Weiss, City Engineer; and Lisa Wieland, Finance Director.
2. Open Forum
Mary Wilberg, 14178 Northdale Boulevard
Ms. Wilberg addressed the Council regarding the quilt shop she owns on Northdale Boulevard; Quilted Treasures. Wilberg stated she has been open since April 2000 as a specialty retail store. She has been in business for 13 years and has 14 employees. Wilberg stated she is not personally opposed to guns; she supports gun sports and safety training. However, she does not believe a shooting/gun range next to her business is a compatible use and is concerned about the impact to noise. Wilberg addressed three major issues:
1. Sound; any noise will impact her business. Noise needs to be non-existent in her space. She has a classroom where people come to enjoy a relaxing sewing time. The noise from the gun range would negatively impact her business.
2. Smells. Wilberg stated she has a lot of textiles that will absorb the smell along with a lot of high-value quilts displayed on the walls. Wilberg stated she has a loft style space and uses the high walls as part of the display.
3. Air quality. Doesn't know anything about it, but is concerned about air pollutants and lead from gun fire.
Wilberg asked what measures will be taken to meet the needs of her business and seriously questions if the two are compatible in the same space. Wilberg stated she is attempting to be proactive instead of reactive. She stated she wanted to share her concerns and would love to have a contact name/number if there is someone she can reach if there are questions along the way. Wilberg stated it is not enough to have basic state/local guidelines met.
Acting Mayor Ihli asked Chief Beahen to step forward. Chief Beahen stated there is some history between Ms. Wilber and him stating her husband was his boss in Anoka. Beahen stated in Anoka with their range, there were issues with infiltration of lead/dust. These are concerns that can happen with indoor range. Beahen stated he has begun to research this and thinks the Council can be assured that the standards are very delicate. Beahen stated he has discussed this with Dick Martin of the Planning Commission and the ordinance states the range cannot cause a disturbance or noise issues with other tenants of the building. Beahen stated this is something new to our building officials and the goal is to be as preventative and proactive on the front side so that it does not become a concern in the future.
Ms. Wilberg stated it is difficult not to be skeptical and asked at what point along the way she will find out if there is a negative impact. She stated if she needs to relocated, the sooner she knows the better.
No formal action taken.
4. Approve Agenda
The agenda was set as submitted.
5. Consent Agenda
5.01 Approval of Minutes from September 10, 2013 City Council Meeting and September 10, 2013 Budget Workshop Minutes
5.02 Approval of Bills and Claims
5.03 Authorization to Sell 1973 International Fleet Star Pumper
5.04 Approve the Appointment of Lieutenant 11, 12, and 21 positions with the Rogers Fire Department
5.05 Lifting Moratorium on Weddings for the Community Room
5.06 Approval to Purchase Used Generator
5.07 Approval of Resolution No. 2013-57, A Resolution Determining Approved Appraisals of Value
Stanley moved, Jakel seconded a motion to approve the consent agenda. Motion carried 4-0.
6. Public Hearings
7. General Business
7.01 Approval of Resolution No. 2013-56, A Resolution Issuing a Negative Declaration of Need for an Environmental Impact Statement (EIS) for the Kinghorn Industrial Park
Engineer Weiss handed out a new packet of comments received on the need for an EIS for the Kinghorn Industrial Park. Weiss stated many of the comments are straight forward and reiterate items that staff is already aware of. Weiss then called attention to a few items including:
• If there is a hydrologic connection between the project site and French Lake. Weiss stated he does not believe there is a connection, but will review this item.
• DNR comment regarding the woods on the site stating they would like to see the woodlands preserved. The City does not currently have an ordinance that would protect the wooded area.
• DNR comment on transportation. Also commented by MnDOT and Hennepin County.
• Hennepin County commented on impacts to their roadway system.
• Met Council commented on the zoning, which has already been addressed.
Ihli asked if it is normal for the late response from the various agencies. Weiss stated it happens all the time. Weiss stated the newest dialog staff has had does answer all their questions. MPCA would not grant the permit for the lift station until the resolution is passed. Weiss talked about the differences between doing an EIS versus and AUAR and at the time not all the property was until control by the same owner.
Stanley commented on the woods stating she would like to see them stay. She also expressed concern regarding the French Lake comment and if there is any connection.
Weiss stated he doesn't believe there is impact to French Lake. Weiss also stated the overpass that was discussed earlier this year would impact the woods. Wetlands are protected, trees are not. Weiss explained, in order to work around the wetland, there would be a need to take the trees.
Jakel commented on the need to watch over the development plans that will be coming in and making sure the development fits. Jakel stated this brings attention to the various agencies that are involved in this process; agencies the City can be partners with.
Stanley questioned the cost of the EIS versus an AUAR. Weiss explained the differences in cost and further explained the differences between an EIS and an AUAR.
Hall moved, Jakel seconded a motion to adopt Resolution No. 2013-56, A Resolution Issuing a Negative Declaration of Need for an Environmental Impact Statement (EIS) for the Kinghorn Industrial Park. Motion carried 3-1; Stanley voting no.
8. Other Business
9. Correspondence and Reports
9.01 Rogers Park Board Meeting Minutes – August 8, 2013
9.02 Elm Creek Watershed Management Commission Minutes – August 14, 2013
9.03 Invitation to attend Veteran's Memorial Ground Breaking Ceremonies Thursday, October 10, 2013
9.04 August 2013, Financial Reports
No formal action taken.
10. ADJOURN TO CLOSE SESSION FOR DISCUSSION OF POTENTIAL PROPERTY ACQUISITIONS RELATED TO THE HWY 101/CR 144 PROJECT
Ihli adjourned to closed session at 7:30 p.m.
Council reconvened from closed session at 8:38 p.m.
Jakel moved, Hall seconded a motion to authorize execution of the developer's agreement for property number 7 as discussed in closed session. Motion carried 4-0.
Stanley moved, Hall seconded a motion to authorize execution of the developer's agreement for property number 8 as discussed in closed session. Motion carried 4-0.
Jakel moved, Stanley seconded a motion to authorize staff to proceed with negotiations as discussed in closed session relating to property number 17. Motion carried 4-0.
Stanley moved, Ihli seconded a motion to adjourn at 8:40 p.m. Motion carried 4-0.
Assistant City Administrator/Clerk