1. Call to Order. The regular meeting of the Council of the City of Rogers was called to order by Mayor Bunting on Tuesday, February 25, 2014 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; Brad Feist, Fire Chief; Jeff Carson, City Attorney; Sheila Cartney, City Planner/Econ. Develop. Coord; 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
3.01 Swearing in Blake Neumann as a Rogers Police Officer
Chief Beahen provided background information on Officer Neumann and offered words of advice to him and the department. Mayor Bunting swore in Officer Neumann.
3.02 Police Department Awards and Recognition
Chief Beahen stated the department has had some eventful and stressful things occur in the past few weeks. Beahen stated that the officers do not know they are being recognized.
Chief Beahen presented the following awards:
• Two Departmental Accommodations: Officers Wilbur and Koroll received a departmental accommodation for a self-initiated project in rebuilding departmental forms. Chief Beahen presented them with awards.
• Departmental Life Saving Award: Officers Wilbur and Koroll received a life-saving award for a personal injury accident at the intersection of Brockton Lane and South Diamond Lake Road. Beahen stated he was approached by the victim's daughter who thanked the officers for saving her father.
• Exceptional Service Award: Officer Koroll and Sgt. Sarazin received exception service awards for the wrong-way pursuit on I94. Beahen stated it was the bravery of the individuals who were instrumental in making it a safe and positive event.
• Exceptional Service Award: Troopers Wade Erickson and Dan Ryan were also recognized for their assistance in the wrong-way pursuit on I94. Beahen read from a prepared statement detailing the Troopers involvement.
All award recipients were congratulated.
Chief Beahen thanked the Mayor and Council for the time to present awards. Beahen reminded the department that no one is forgotten.
Mayor Bunting commended the Chief and Police Department.
4. Approve Agenda
The agenda was set as submitted.
5. Consent Agenda
5.01 Approval of Minutes from February 11, 2014 City Council Meeting
5.02 Approval of Bills and Claims
5.03 Adopt Ordinance No. 2014-06, An Ordinance Amending Chapter 125 of the Rogers City Code (Zoning) to Establish Architectural Design Standards and Summary Ordinance No. 2014-06
5.04 Item moved to 7.03 by staff
5.05 Approval of Resolution No. 2014-12, A Resolution Granting Approval of Final Development Plans and Approval of Revised Site Plan for 1st National Bank at Diamond Pointe of Rogers, Located at 13785 Rogers Drive
5.06 Approval of Resolution No. 2014-13, A Resolution Granting Site Plan Approval to A.L.S. Properties Carefree Self Storage Rogers, LLC for the Construction of a 38,864 sq.ft. Self Storage Building, Located at 13355 George Weber Drive
5.07 Approval of Special Event Permit for Rockin' Rogers Days – Thurs., June 19, 2014 through Sun., June 22, 2014
5.08 Approval of Resolution No. 2014-14, A Resolution to Support the MOVE MN Campaign
5.09 Approval of Resolution No. 2014-15, A Resolution Ordering Preparation of an Alternative Urban Areawide Review for the Henry Area
5.10 Approval of Resolution No. 2014-16, A Resolution Approving Rockin' Rogers Parade Day
5.11 Request by Rogers Lions to Waive Community Room Fees for the Rogers Lions on March 21, 2014 for the Annual Community Dinner and a Temporary On-Sale Liquor License
5.12 Request by Jack Hines/Rogers Lions to Waive Community Room Fees for the Rogers Lions on April 12th for Rivers of Hope Dinner
5.13 Schedule Joint City Council/Planning Commission Workshop on March 11, 2014 at 5:30 p.m. removed by staff
5.14 Donation of Exterior Lighting at the Muni
Bunting pulled 5.01 because of his absence.
Jakel moved, Hall seconded a motion to approve the consent agenda less 5.01. Motion carried 5-0.
Jakel moved, Stanley seconded a motion to approve 5.01. Motion carried 4-0-1; Bunting abstained.
6. Public Hearings
7. General Business
7.01 Approval of the Following Requests by Scannell Properties:
• Approval of Resolution No. 2014-17, A Resolution Granting Preliminary Plat Approval of Elkhorn Addition
• Approval of Concept Plan Review of the Fed-Ex Distribution Facility
Planner Cartney provided background on the location and current condition of the property. Cartney stated the applicant is proposing to plat the property into one lot and one outlot. The concept plan is for a single story 304,809 square foot warehouse building which includes about 16,247 square feet of office. The proposal also includes a 2,400 square foot security building and a 5,180 square foot maintenance building.
The preliminary plat application has received planning commission approval with conditions. Access will come from the proerty to the north; currently the Henry property. Before the final plat is done, access needs to be provided to the City as an access agreement, or as part of the final plat of the Henry property to the north.
Cartney stated the site plan appears to conform with everything in the LI district. Cartney stated an outdoor storage with a Conditional Use Permit is needed. Cartney stated the applicant is moving the building away from Brockton Lane to install a berm to screen the building from Brockton Lane.
There is no action being requested on approving the concept plan, but now would be the time to address any concerns regarding the concept plan, to be conveyed to the applicant.
Council did not have any questions or concerns.
Jakel moved, Ihli seconded a motion adopting Resolution No. 2014-17, A Resolution Granting Preliminary Plat Approval for Elkhorn Addition, Rogers, Minnesota. Motion carried 5-0.
7.02 Approval of Resolution No. 2014-18, A Resolution of Support for a Federal Recreational Trail Grant and a Local Trail Connection Grant through the Minnesota Department of Natural Resources (MnDNR) for the Construction of the Brockton Lane Trail Segment (from Henry's Woods to South Diamond Lake Road)
Engineer Weiss stated this is being brought forward as an option for the Council to leverage city dollars for trail improvement. Weiss stated that numbers have been revised since his memo was provided for the packet. Weiss provided a presentation illustrating the trail connection. Weiss also provided an illustration of the overall trails and sidewalks showing current connections.
Weiss stated he is seeking Council direction on how staff should be handling these opportunities as they arise.
Jakel questioned what is developed to the west of the woods and if a connection can be made there; down Wilfred Lane.
Hall questioned the County and their complete streets program and wondered if we would be locating the trail in the correct location.
Seifert stated it is on the Hennepin County plan to put a trail along Brockton. Seifert provided background on where the trails currently are in the City and the future trail planning for both the City and Hennepin County.
Ihli questioned the grant amount and the matching amount.
Weiss stated they are applying for two grants; a local grant and federal grant hoping we will get one of the two. In the range of $230,000 for the City's share.
Jakel stated having trails is a goal and we are always looking for partners.
Bunting stated he agrees with Jakel. Getting a trail system in town makes a great deal of sense. If we can get some money to help us complete this, it's a good thing.
Weiss stated there may be other trail funding sources; Three Rivers Park District or other Hennepin County sources to help close the gap.
Bunting stated the Council wants to know when these opporutnities become available.
Ihli moved, Hall seconded a A motion adopting Resolution No. 2014 – 18, A Resolution Supporting Applications to the Minnesota Department of Natural Resources (MNDNR) for a Federal Recreational Trail Program and the Local Trail Connections Program. Motion carried 5-0.
7.03 Consideration of Rezoning – 22101 129th Avenue N
Cartney stated the subject site is a 9-acre rectangular parcel that abuts 129th Ave N to the north and Brett Trail to the south. This site is unique in that it is zoned Agriculture on the northern half of the lot and R-2 on the southern half. The Comprehensive Plan designation is single family residential. The subject site is surrounded by large agriculture parcels that are not developed and by single family development with average lot sizes of 15,000 square feet. To the northeast of the site there is a development that is a mid-density residential.
Cartney stated the applicant is proposing to rezone the property from Agriculture and R-2 single family residential to R-3 medium density residential. The request to rezone to R-3 is to allow for single family lots smaller than 15,000 square feet as required in the R-2 district. Staff would not be recommending a comp plan amendment. The comp plan currently has the property guided for single family.
The Planning Commission is recommending denial of the R3 zoning request. Staff suggested rezoning to a PUD to accommodate the applicant's request. The Planning Commission did not want to discuss a PUD zoning. Staff supports the concept of 90 foot lots; 14,000 square foot lots. Staff has provided the following three motions:
1) Motion: move to adopt Ordinance No. 2014-xx approving the rezoning of the parcel located at 22101 129th from Ag and R-2 to R-3. OR
2) Motion: move to direct staff to work with the applicant to rezone the property to PUD and to enter into a PUD agreement.
3) Motion: Move to approve Resolution No. 2014-xx denying the rezoning from Ag and R-2 to R-3.
Cartney stated the applicant is agreeable with a PUD, not to dictate housing plans, size and materials only. If staff is directed to work toward a PUD, the applicant needs to withdraw the rezoning application.
Bunting spoke about PUD providing control over minimum house sizes and materials. The applicant was invited to the podium by Mayor Bunting.
Jeff Benzinger, 21301 County Road 81, Rogers
Mr. Benzinger stated he is taking a risk in developing the lots now. Benzinger stated he is not looking for multi-family. Benzinger spoke on being able to be competitive with his pricing. Benzinger stated with lot and house, he is anticipating them selling in the $400,000 range. Benzinger stated he is fine with a PUD.
Stahmer reiterated having the applicant verbally withdraw from the rezoning process and work with staff on a PUD.
Ihli questioned the number of lots. There are 12 lots. Benzinger stated he would keep the older home on the north end of the property.
Stanley asked with a PUD, how large would lots be? Benzinger stated some are over 14,000 square feet, some are around 12,000; the average is 14,500 square feet.
Bunting invited others forward to address the Council.
Kristine Bollinger 12734 Adeline Way; back yard faces the property
Ms. Bollinger addressed the Council with concerns of smaller lot sizes, the disruption of a close-knit community and the future impact on the streets. Bollinger also expressed concern of these lots drawing down the value of her property.
Chris Knopik, 12794 Adeline Way.
Mr. Knopik stated his biggest concern would be a rezoning to R3. Even though it is against the comp plan, the potential is there for multi-family. Knopik stated he prefers the PUD. He echoed concerns about a future connection of 128th Avenue to Main Street.
Randy DeNinno, 12746 Adeline Way
Mr. DeNinno echoed his neighbor's concerns. He stated he prefers the wider spacing between the houses and is in favor of a PUD. He expressed concern of smaller lot sizes and stated he is in favor of additional development in Rogers.
Council and staff continued to discuss a PUD being the best way to proceed in the process and address the concerns raised at the Planning Commission level.
At this time, Benzinger verbally withdrew his application for rezoning to R3 and will bring forward a PUD concept of the site.
No formal action was taken by Council.
7.04 Authorization of Right-of-Way Acquisition for Corridors of Commerce
Seifert addressed the Council regarding Corridors of Commerce; a westbound lane on I94 extending from 101 in Rogers to 241 in St. Michael. Seifert stated additional right-of-way is needed in the area of Northridge Townhomes. Seifert discussed the stream bank erosion problem along Northridge Townhomes that is anticipated to be corrected as part of the project.
Seifert stated the Townhome Association will be donating the necessary area to the City and the City will deed the property to MnDOT; a pass-through.
Hall moved, Jakel seconded a motion adopting Resolution No. 2014 – 19, A Resolution Approving Acceptance of Donation of Property for Right-of-Way Purposes from Northridge Townhome Association and Assignment to Minnesota Department of Transportation. Motion carried 5-0.
8. Other Business
9. Correspondence and Reports
9.01 Elm Creek Watershed Management Commission Minutes
No action taken.
10. Adjourn to Closed Session for Potential Property Acquisition – Reconvene to Open Meeting
Mayor Bunting adjourned to closed session at 8:13 p.m.
Council reconvened at 8:50 p.m.
Assistant Administrator Scharber stated that staff received direction in closed session on how to proceed with a potential property purchase.
No formal action taken.
Stanley moved, Jakel seconded a motion to adjourn at 8:50 p.m. Motion carried 5-0.
Assistant City Administrator/Clerk