1. Call to Order. The regular meeting of the Council of the City of Rogers was called to order by Mayor Bunting on Tuesday, November 26, 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; Sheila Cartney, City Planner; 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
4. Approve Agenda
The agenda was set with the following additions under Consent Agenda:
5.13 Special Assessment and Easement Agreement (Scherber)
5. Consent Agenda
5.01 Approval of Minutes from November 12, 2013 Work Session Minutes and November 12, 2013 City Council Meeting
5.02 Approval of Bills and Claims
5.03 Approval of Minnesota Lawful Gambling Permit to Conduct Excluded Bingo for Rogers-Hassan Senior Friendship Group, Inc. for Bingo on Jan. 20, 2014 and April 21, 2014 at Rogers Community Room, located at 21201 Memorial Drive
5.04 Approval of Resolution No. 2013-78, A Resolution Granting a Variance to Jeff and Jacquie Manick to Allow an Accessory Building in the Front Yard, Located at 25895 Tucker Road
5.05 Planning Commission Appointments
5.06 Consideration of Planning Commission Bylaw Amendment
5.07 Approve a Proposal for Engineering Services to Prepare an AUAR for the Scannell Area Development for the Potential Development of the Henry Property
5.08 Approval of Resolution No. 2013-79, A Resolution Adopting and Confirming Assessment as stated in the Kinghorn Assessment Agreement, Against Property Identification Numbers 25-120 23 14 0004 and 25-120-23 11 0002 (Kinghorn)
5.09 Approval of Resolution No. 2013-80, A Resolution Adopting and Confirming Assessment for Industrial Boulevard, Original Levy #16915, Against Property Identification Numbers 16-120-23 24 0006 AND 21-120-23 24 0005 (Scherber)
5.10 Cancel Work Session Prior to Second Meeting of December
5.11 Authorization to Purchase Snow Plow Cutting Edges
5.12 Setting Workshop for Dec. 10, 2013 at 5:00 p.m.
5.13 Special Assessment and Easement Agreement (Scherber)
Ihli moved, Jakel seconded a motion to approve the consent agenda. Motion carried 5-0.
6. Public Hearings
7. General Business
7.01 Authorization to Accept WSB Professional Services Proposal – Referendum Planning Visioning Process
Public Works Supt. Seifert explained the item to be approved tonight; the proposal from WSB for Park Referendum Planning/Visioning Process, which is being forwarded to Council by the Park Board. Seifert then introduced Candace Amberg with WSB. Amberg proceeded through a PowerPoint presentation on the items included in the planning and visioning process highlighting each step.
After the presentation, Jakel stated it looks like a good process to follow. This is the part of the process where citizens get to give their input.
Seifert stated the Park Board wanted to bring forward one item; the Master Park Plan reflects public input from previous citizens, as it was developed a few years ago, and this process should pull out any wrong assumptions that are built into the current plan.
Ihli stated this is a good starting point. Ihli stated he may be a nay-sayer on referendums, but this is the communication piece for citizens.
Bunting stated he definitely wants to see a focus on things that everyone in the community can use. The trail system is incomplete and it is difficult to get between the north and south sides of the City. Bunting stated he does not want to see a special interest group try to ram something through. In this scope, a financial study is not included, this is one thing the staff needs to work with. Bunting asked that we keep things realistic for people moving forward.
Jakel questioned the timing and asked Council for their thoughts on a timeline – when would this phase of the project start?
Bunting suggested holding off until spring to hold the citizen input meetings when weather won't be an issue.
Amberg stated the open house meetings are scheduled close together at strategic locations. Amberg stated she will schedule those meetings with Seifert and he can report back to Council with the proposed times.
Council discussed the timing of the referendum and if it should be held in conjunction with a regular election or if it should be a special election.
Jakel commented on doing the planning when the fever is high; spring/summer/fall.
Council discussed starting the process in a few months.
Bunting questioned if we should be starting this spring or spring 2015. Jakel stated this spring for a possible 2015 referendum vote.
Amberg reiterated that she will sit with Seifert so that this whole thing is planned properly.
Bunting asked Council if they are aiming for an off-year election or an election two years after the 2014 general election. If we are waiting, then is this timely to approve now?
Council and staff discussed the cost of holding special election; $5,000 - $8,000.
Bunting commented on getting a higher voter turn-out during a regular election and questioned if it is wasteful spending to hold a special election.
Hall stated that nothing happens overnight. This is a visioning process and a lot of the answers to these questions will come out in this process. Hall stated 2014 is way too quick for a vote. Once we see the vision and what the public says we will have a better outlook. Hall stated he thinks the questions being asked tonight are great, but a lot will be answered in the process.
Ihli moved, Stanley seconded a motion to accept WSB Professional Services Proposal – Referendum Planning Visioning Process. Motion carried 5-0.
7.02 Authorization to Purchase Belos Sidewalk Machine
Public Works Supt. Seifert presented the Belos sidewalk machine to Council as discussed in the work shop session prior to the regular meeting. Seifert provided history of the existing unit and the addition of this machine to the fleet. Seifert stated it is a multipurpose for use in summer for milling operations for patching and in the winter will plow trails and sidewalks.
Jakel asked how often the machine will be used in the summer. Seifert stated it will be heavily used in the fall for milling and will be used for water main breaks.
Seifert discussed some of the machine's highlights: a creeper gear, hydraulics, good road speed, and creature comforts.
Bunting asked if there is enough staff to run all the pieces simultaneously. Seifert explained the plowing process; primary routes first and the secondary routes (28 miles of sidewalk/trail) would be completed by the second day. Seifert stated this machine would be used on the primary routes.
Bunting stated it is a good idea to purchase this machine and discussed the ability to have two machines working simultaneously the day after a snow event.
Bunting moved, Ihli seconded a motion to authorize the purchase of the Belos Sidewalk Machine. Jakel commented that he likes the dual purpose of the machine to minimize off season expenses. Motion carried 5-0.
7.03 Items Relating to the Following Requests by 1st National Bank at Diamond Pointe of Rogers:
• Adopt Ordinance No. 2013-17, An Ordinance Amending the Zoning Map of the City of Rogers By Rezoning the Subject Property From B-2, Commercial Business to PUD Planned Unit Development and Summary Ordinance No. 2013-17
• Approval of Resolution No. 2013-81, A Resolution Granting Approval of Final Development Plans for 1st National Bank at Diamond Pointe of Rogers
Planner Cartney addressed the Council stating two items are before them for approval; one a rezoning the other a final development plan for 1st National Bank. Cartney provided the history on the PUD amendment that reduced the size of the bank from 3700 to 3000 square feet, that was approved in June 2013. Cartney stated the building finish is drastically changing. The building materials that were approved were a combination of glass, lapped siding and cultured stone veneer along with a signature tower. The applicant is now proposing a 3-color cement base plaster application, eliminating the glass clerestory element, stone and tower. Cartney stated the shopping center does have three colors, but includes a stamped cement border along the bottom of the building resembling brick and at each end of the building there is a pillar accent. Staff suggested to the Planning Commission that the bank add something similar to be more in-line with what has already been developed.
Cartney stated the Planning Commission did recommend approval of the building as proposed and did not recommend approval of the free standing sign. 80 square feet of signage and not a free standing sign was recommended for approval.
Cartney stated staff had presented the Planning Commission with a second condition of approval, which was removed as part of their recommendation. "Building materials be modified to add stamped brick on the bottom to be consistent with existing shopping center", but this was not part of the recommendation forwarded to Council.
Bunting asked Commissioner Martin what he had to say at the meeting.
Martin approached the Council and stated he asked the applicant to make something that fits the area; make it look like it belongs there. Martin stated staff had recommended stamped brick to try to bring it closer to the rest of the units. Martin stated he made a motion to keep the brick, but the motion was not seconded.
Bunting stated the PUD process is a give-and-take. In return, the City should be getting something as well.
Hall concurs with Martin and staff and stated it should look more like what is already there.
Stanley and Jakel also agreed.
Bunting spoke on the flyover project and the Council at that time agreeing to spend more money to upgrade the bridge with a stone face. Bunting stated at a minimum, the bank needs to look like the rest of the strip mall. Bunting then discussed raising the bar for all buildings in the future.
Council and staff then discussed the process of granting approval for the rezoning.
Attorney Carson stated the Council can have the rezoning occur without the final design or with a design change noted.
Council stated the bank will have to use exterior materials similar to the strip mall property or something that meetings staff approval. Staff discussed having the final design come back to Council.
There was continued discussion on process; having the application go back through the Planning Commission to Council or just to Council. Staff stated that one of the stipulations is the applicant needs to enter into a PUD agreement, this could be a stipulation in the PUD agreement.
Cartney suggested that Council rezone the parcel with the plan that was approved in June.
There was continued discussion on having higher architectural standards.
Administrator Stahmer wanted to clarify what Council is seeking; stamped brick look and replicating the end caps that are on the strip mall. Council agreed that these are the two main things to get it closer to the existing strip mall.
Hall moved, Stanley seconded motion adopting Ordinance No. 2013-17, An Ordinance Amending the Zoning Map of the City of Rogers By Rezoning the Subject Property from B-2, Commercial Business to PUD Planned Unit Development and Summary Ordinance No. 2013-17. Motion carried 5-0.
Attorney Carson recommended the Council authorize the preparation of a resolution denying the application and to direct the resolution for denial to be placed on the next agenda. Stanley made that motion, Ihli seconded it. Motion carried 5-0.
Bunting stated it is time to raise the bar in the City and would like Council to give staff direction to create a new ordinance or standard regarding exterior materials used in all districts.
Stahmer stated we have existing design standards, but there are better guidelines or standards that other cities have adopted. Stahmer stated staff will do research and work with the Planning Commission to develop new architectural standards.
8. Other Business
9. Correspondence and Reports
9.01 Rogers Park Board Meeting Minutes
9.02 Elm Creek Watershed Management Commission Minutes
No action taken.
10. Adjourn to Closed Session for Discussion on Potential Park Property Purchase
Bunting adjourned to closed session at 8:10 p.m.
Council reconvened from closed session at 8:33 p.m.
Attorney Carson stated in closed session, Council and staff discussed a possible real estate acquisition. Staff was given parameters to follow.
Jakel moved, Ihli seconded a motion authorizing staff to proceed as discussed in closed session. Motion carried 5-0.
Jakel moved, Ihli seconded a motion to adjourn at 8:34 p.m. Motion carried 5-0.
Assistant City Administrator/Clerk