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04/12/16 City Council Minutes

1. Call to Order. The regular meeting of the Council of the City of Rogers was called to order by Mayor Ihli on Tuesday, April 12, 2016 at 7:00 p.m. at Rogers Community Center, 21201 Memorial Drive, Rogers, MN, 55374.

Council present: Mark Eiden, Don Hall, Bruce Gorecki, Rick Ihli, and Darren Jakel.

Staff present: Jeff Beahen, Police Chief; Sheila Cartney, City Planner; Brad Feist, Fire Chief; Lisa Herbert, Finance Director; Stacy Scharber, Assistant City Administrator; John Seifert, Public Works Supt.; Steve Stahmer, City Administrator; John Thames, City Attorney; and Bret Weiss, City Engineer.

2. Open Forum
None.

3. Presentations
None.

4. Approve Agenda
The agenda was approved as submitted.

5. Consent Agenda
5.01 Approval of Minutes from March 22, 2016 City Council Meeting and Minutes from April 1, 2016 Council Goal Setting Session
5.02 Approval of Bills and Claims
5.03 Approval of the Following Requests by the Rogers Lions Club:
● Special Event Permit for Rockin’ Rogers Days to be Held on June 23, 2016 – June 26, 2016, Located at 21201 Memorial Drive
● Request by Rogers Lions to Waive the Application and Escrow Fees for Rockin’ Rogers Days
● Approval of 4 Day Temporary On-Sale Liquor License for Rogers Lions Club for Rockin’ Rogers Days
5.04 Approval of Resolution No. 2016-15, A Resolution Authorizing Rockin’ Rogers Day Parade and Support Services for the Event
5.05 Approval of Special Event Permit for HOM Furniture/Dock 86 Tent Sale to be Held on May 20, 2016 – July 6, 2016, Located at 13800 Rogers Drive
5.06 Approval of Massage Therapist License for Touch of Heaven
5.07 Approval of Resolution No. 2016-16, A Resolution Providing for the Redemption of Certain Outstanding General Obligation Improvement Refunding Bonds, Series 2008B of the City
5.08 Approval of Resolution No. 2016-17, A Resolution Granting an Extension of the Vincent Woods Preliminary Plat, City of Rogers, MN
5.09 Approval of On-Sale and Sunday Intoxicating Liquor License for Chen Sushi Inc., DBA Sakana, Located at 21410 136th Avenue N

5.10 Accept Bids, Award Project, and Authorize Construction Services for the Intersection Improvements at South Diamond Lake Road and CSAH 13 (Brockton Lane)
5.11 Approve Plans and Specifications and Authorize Advertisement for Bid for the 147th Avenue Improvements Project
5.12 Authorize Preliminary Design for the Fox Creek Streambank Stabilization Project – Phase 2
5.13 Authorization to Purchase Utility Department Service Vehicle
5.14 Authorization to Accept 2016 Pavement Striping Bid from Warning Lites
5.15 Approval of Resolution No. 2016-18, A Resolution in Support of Hosting a MPCA GreenCorps Member
5.16 Authorization to Approve Quote for North Community Park Shelter Excavation
5.17 Authorization to Approve Quote for South Community Park Water Main Extension
5.18 Authorization to Purchase a 4x4 Grass-Rescue Rig with Trailer for the Rogers Fire Department
5.19 Authorization to Sell the 1986 Engine 13
5.20 Approval of Resolution 2016-19, Authorizing Increase in the Rogers Fire Relief Annual Pension Benefit Level for Calendar Year 2016
5.21 Dissolution of Joint Power Agreements
5.22 Approval of the E-Poll Books Equipment Lease Agreement with Hennepin County
Hall moved, Gorecki seconded a motion to approve the consent agenda. Motion carried 5-0.

6. Public Hearings
None.

7. General Business
7.01 Items Relating to the Following Requests by Jeff Lloyd, Located at 20775 Territorial Road:
● Approval of a Conditional Use Permit to Construct an Accessory Structure Larger Than Allowed and to Operate an Auto Service Establishment within the MU-N District
● Approval of Resolution No. 2016-20, A Resolution Granting Site Plan Approval for the Construction of a 5,200 Sq.Ft. Accessory Building for Jeff Lloyd, Located at 20775 Territorial Road
Planner Cartney stated the applicant is requesting a CUP to allow an accessory structure larger than what is allowed within the MU-N district and to allow a service establishment and site plan approval. The applicant is relocating his business from the Main Street location to this location on Territorial Road. Cartney provided an overhead of the site plan illustrating the buildings on the site.

Cartney proceeded through her staff report:
• The applicant is proposing to build a 5,200 square foot pole building and indicated that a privacy fence will be installed. The Planning Commission added a condition that a time frame be added to the fence installation.
• The subject property at 20775 Territorial Road is zoned MU-N, Mixed Use Neighborhood. The MU-N district is “intended to provide a flexible land use category that would accommodate residential or a node of service commercial where market forces might present such an opportunity and retain desirable traits of existing communities.”
• The applicant resides at the subject property and intends to operate his cylinder shop business from this location as well.
• The public hearing was held on March 15th. The surrounding neighbors spoke in opposition to the proposal. Concerns were noise, traffic and not keeping the residential feel. The Planning Commission recommended approval on a five to two vote at the special meeting on March 31st. The Commission added more conditions to the CUP regarding removing other outbuildings and a timeline to complete the project.
• The Planning Commission’s approved the Site plan and Conditional Use permit for a 5,200 square foot accessory structure and cylinder shop at 20775 Territorial Road subject to the conditions on a 5-2 vote.

Ihli asked if the privacy fence will encompass the entire area? Cartney stated yes, starting from behind the house.

Ihli asked what it will be constructed out of? Cartney stated the Planning Commission asked for a 6-foot wood fence.

Gorecki asked for Council to remove the fact that he has another property and there are issues with that and with the purchase agreement; set that aside and look at this from face value. If the property were zoned RE2 or RE5, we would have criteria to look at. The problem is this is in a mixed use neighborhood zone, and we should get rid of it (the zoning) in the first place. The language is poor. It is unfortunate, and I don’t know where the mixed use zone came from.

Stahmer stated the language came from the Comprehensive Plan update in 2008; at the time the Township and the City were working together. There was a lot of discussion on the “Fletcher area” and how to maintain it.

Gorecki stated, regardless of what we decide tonight, we need to look at the mixed use zoning and add stronger language, or get rid of it all together.

Ihli commented on making sure that all conditions are met in a proper manner.

Jakel stated, the fact that it is recessed from the main road does yield itself to the benefit of the mixed use. The current business (on Main Street) is abutting some neighbors much closer than here. There are no complaints that he is aware of. Jakel expressed concerns about the language regarding the fence and suggested the language state the word “uniform”. There was discussion on the rear-yard setback and the hours of operation.

Ihli stated the next comp plan amendment will be in 2017.

Eiden asked if the size of the proposed structure is allowed in mixed use zone. Cartney stated the code is silent on the maximum size.

Discussion on the code being silent in the mixed use district versus the RE5 and RE2 districts.

Jim Kelly asked for setback information. Cartney provided.

Jakel moved, Hall seconded a motion to approve Resolution No. 2016 - 20, A Resolution Granting Site Plan Approval for the Construction of a 5,200 Sq. Ft. Accessory Building for Jeff Lloyd, Located at 20775 Territorial Road, with the condition that the fence is uniform and the buildings are removed. Motion carried 5-0.

Hall moved, Jakel seconded a motion to approve the Conditional Use Permit for a 5,200 square foot accessory structure and cylinder shop at 20775 Territorial Road subject to conditions. Motion carried 5-0.

7.02 Accept Bids, Award Project, and Authorize Construction Services for the Rouillard Blvd. Improvements Project
Engineer Weiss provided a PowerPoint presentation on the Rouillard Boulevard improvement project. Weiss stated the project includes taking off all pavement, fixing curb and gutter and addressing the man holes. Weiss provided a summary of the bids, including the bid alternate for the east end of 129th Avenue.

Weiss then reviewed the funding breakdown for the project and the projected funds in the franchise fee program for 2016. Weiss then reviewed all the recommended 2016 projects. Weiss stated there should be funds to construct the base bid and the bid alternate for Rouillard. Weiss reviewed the 147th Avenue project with Council and if the Council needed to choose, he recommended the 129th Avenue project over the bid alternate on 147th Avenue.

Weiss stated that the current estimate of projects for 2016 will be $1,065,000. The estimated income is $1.1 million.

Jakel commented that it would be nice to know the 2017 projects if we need the extra cushion before giving up on the alternates. Jakel also asked if we should be considering the extension of utilities to the west of Rouillard Boulevard. Seifert stated the utilities are already stubbed to that property.

Ihli agreed to all of them to happen this year, but not necessarily all the alternates. Ihli stated he has no desire to go over the magic $1.1M mark. Finance Director Herbert clarified that the estimate is $1.08 million.

There was discussion on whether or not the Justen Circle project will proceed in 2016 with Lennar stalling their development at this time.

Weiss proceeded through his presentation providing the project schedule for Rouillard.

Eiden asked for a review of the bids with the alternate in and out. Weiss provided the information.

Hall stated the pricing is good and we are getting a good value and recommended doing the 129th Avenue alternate.

Jakel moved, Eiden seconded a motion to go with Midwest Asphalt with alternate number 1 as presented. Motion carried 5-0.

Jakel moved, Eiden seconded a motion to authorize construction services to be performed by WSB & Associates, Inc. in the amount of $14,200 for the Rouillard Boulevard Improvement Project. Motion carried 5-0.

7.03 Authorize Engineering Services for the Genereux Place Street and Utility Improvement Project
Engineer Weiss presented a PowerPoint Presentation on the Genereux Place street and utility improvement project. Weiss discussed the project area and the financing of the project. Also discussed were assessment agreements and 20 year deferred assessments for utilities or until they are used by the residents. Weiss stated there was a request by a property owner to consider extending the 20 year deferred assessment if the well and septic are still in good working condition.

Jakel asked for clarification on the additional extension. Staff stated the property owners can request and extension at the end of 20 years.

Eiden moved, Jakel seconded a motion authorizing the preparation of plans and specifications, acceptance of the assessment agreements, and accept the proposal for the Utility Extension and Street Construction on Genereux Place to be prepared by WSB & Associates, Inc. at a not to exceed cost of $16,000. Motion carried 5-0.

8. Other Business
None.

9. Correspondence and Reports
9.01 March Police Report
No action taken.

10. Adjourn
Mayor Ihli adjourned the meeting at 7:41 p.m.

Respectfully submitted,

Stacy Scharber
Assistant City Administrator/Clerk

03/31/16 Planning Commission Special Meeting Minutes

MINUTES
ROGERS PLANNING COMMISSION
SPECIAL MEETING
MARCH 31, 2016

CALL TO ORDER
The meeting of the Rogers Planning Commission Special Meeting was held on March 31, 2016 at 6:30 p.m. was called to order with Commissioners Meadows, Swanson, Neis, Jullie, Kraemer, Silverstein, Terhaar and Nei were present.

Also present were City Planner/Community Dev. Coordinator Cartney, Deputy Clerk Splett, Councilmember Gorecki.

Member(s) excused: Binkley.

FURTHER CONSIDERATION OF THE FOLLOWING REQUESTS BY JEFF LLOYD, LOCATED AT 20775 TERRITORIAL ROAD:
• Conditional Use Permit and Site Plan Approval to Construct an Accessory Structure Larger Than Allowed within the MU-N District
• Conditional Use Permit for an Auto Service Establishment within the MU-N District
Planner Cartney provided the background information, commenting on the following:
• Applicant requested a special meeting so that this would be on the April 12th Council meeting
• The public hearing has been opened and closed
• Applicant submitted a revised site plan which is what is being reviewed tonight
• There will be parking in the front and the rear of the building with the overhead doors on the rear of the building
• Storage area will be for vehicles being worked on and waiting to be picked up
• There will not be any parts, tires, etc. stored outside on this property
• Applicant will be adding additional trees and the privacy fence needs to be completed
• There will be two holding tanks for bathroom and shop fluids to drain into. These tanks will be pumped out
• Received a letter from one of the neighbor that has questions on this application, that letter has been passed out tonight
• The conditional use permit is for the building size, building height and the business, along with the site plan

The Planning Commission discussed the following:
• Site plan does not show the location of the current well or septic system
• Pole barns not allowed in urban areas – clarified that this is MU-N district which does not have a minimum or maximum size or architectural requirements
• There are 3 other sheds that are located on this site – these should be removed with the construction of the 5200 sq.ft. building
• Will the noise that is happening on site stop once the clean-up is finished?
• City noise/nuisance ordinance to be followed
• Goal/timeline for the completion of the clean-up and the construction of the new building
• Fence must be privacy – no chainlink
• This building/business will be of no service to the Fletcher area and should not be here
• Additional conditions to be added to the conditional use permit such as a definite timeline with a completion date

Commissioner Meadows moved, Commissioner Silverstein seconded a motion to recommend approval of the Site plan and Conditional Use permits for a 5,200 square foot accessory structure and cylinder shop at 20775 Territorial Road subject to the following conditions:
1. The 192 square foot accessory structure shall be removed upon construction of the 5,200 square foot structure;
2. The cylinder shop may have up to 3 employees;
3. The barn may remain on the property as is, but cannot be replaced if it is removed or destroyed;
4. The “Lloyd’s Cylinder shop” sign may be relocated to this site (sign from Main Street location);
5. Outdoor storage associated with the business is permitted as shown on the site plan with a maximum of five vehicles stored at one time.
6. Hours of operation shall be limited to 8:00 am – 5:00 pm Monday through Friday.
7. A privacy fence shall be installed around the perimeter of the site to screen the business and completed within 60 days of the issuance of the Conditional Use Permit.
8. Trees shall be planted as shown on the site plan.
9. Removal of other accessory buildings that are not shown on the site plan.
10. The complete project including the removal of buildings, construction of new building, landscaping, dustless surface, is to be finished by November 1, 2016.

On the vote, members Meadows, Neis, Jullie, Silverstein and Nei voted AYE and members Swanson and Kraemer voted NAY. Motion carried.

ADJOURN
Commissioner Meadows moved, Commissioner Nei seconded a motion to adjourn the meeting at 7:20 p.m.

On the vote, all members voted AYE. Motion carried.

03/15/16 Planning Commission Minutes

MINUTES
ROGERS PLANNING COMMISSION
MARCH 15, 2016

CALL TO ORDER
The meeting of the Rogers Planning Commission was held on March 15, 2016 at 7:00 p.m. was called to order with Commissioners Meadows, Binkley, Terhaar, Swanson, Neis, Jullie, Kraemer, Silverstein and Nei were present.

Also present were City Planner/Community Dev. Coordinator Cartney, Deputy Clerk Splett, Councilmember Gorecki.

SET AGENDA
The Agenda was set as submitted.

Commissioner Silverstein moved, Commissioner Neis seconded the motion to approve the agenda as submitted.

On the vote, all members voted AYE. Motion carried.

CONSENT AGENDA*
A. Approval of the February 16, 2016 Planning Commission Minutes
Commissioner Nei moved, Commissioner Neis seconded a motion to approve the February 16, 2016 Planning Commission Minutes as submitted.

On the vote, all members voted AYE. Motion carried.

PUBLIC HEARINGS
A. (cont.) Public Hearing to Consider a Request by Living Hope Church for a Conditional Use Permit to Operate a Church Within the RE-5 District and the Expansion of the Parking Lot, Located at 24550 Territorial Road
City Planner Cartney provided the background information commenting on the following:
• We continued this from the February meeting. The applicant is unable to attend this meeting and has requested that this be continued to the April Planning Commission meeting

Chairman Jullie opened the meeting for public comment.

Commissioner Kraemer moved, Commissioner Nei seconded a motion to continue the public hearing to the April 19, 2016 Planning Commission meeting.

On the vote, all members voted AYE. Motion carried.

B. Public Hearing to Consider a Request by Brockton Meadows Homeowners Association for Preliminary Plat Approval of Brockton Meadows Fifth Addition
City Planner Cartney provided the background information commenting on the following:
• Brockton Meadows was platted in 2005 and included several outlots
• Homeowners are requesting to re-plat their properties to include the Outlots into their property
• All existing drainage and utility easements will be maintained
• This is not creating any new lots
• There will not be a change in land use
• The Brockton Meadows Homeowners Association own the outlots

There was a brief discussion by the Planning Commission.

Chairman Jullie opened the meeting for public comment.

There were no comments registered.

Commissioner Jullie moved, Commissioner Silverstein seconded a motion to close the public hearing.

On the vote, all members voted AYE. Motion carried.

There was a brief discussion by the Planning Commission.

Commissioner Kraemer moved, Commissioner Silverstein seconded the motion to recommend approval of the preliminary plat of Brockton Meadows Fifth Addition subject to the following conditions:

1. Final plat must be applied for within 6 months of preliminary plat approval.
2. Comments/concerns of the City Engineer memo dated March 10, 2016 must be satisfied.

On the vote, all members voted AYE. Motion carried.

C. Public Hearing to Consider the Following Requests by Jeff Lloyd, Located at 20775 Territorial Road:
• Conditional Use Permit and Site Plan Approval to Construct an Accessory Structure Larger Than Allowed within the MU-N District
• Conditional Use Permit for an Auto Service Establishment within the MU-N District
City Planner Cartney provided the background information commenting on the following:
• Requesting conditional use permits for an accessory structure larger than what is allowed with the MU-N district; to allow a service establishment within the MU-N district and site plan approval
• Property is located in MU-N district which provides flexible land use categories to allow residential nodes and commercial nodes
• The applicant is going to reside at this property and is requesting to operate his business from his new location and is proposing to build a 5,200 sq.ft. pole building. He will also remove one of the buildings on site
• His business is currently located on Main Street and he will be moving that over to this location if approved
• The City is looking to purchase his Main Street property and will look at doing a redevelopment project there
• The MU-N district states that you need a Conditional Use Permit for an accessory structure larger than what is allowed, but it does not have a standard for the size of an accessory building
• It is at the discretion of the City Council to allow the sizes of accessory structures
• The property currently has 1,662 sq.ft. of accessory buildings which he will be adding to that
• Applicant has indicated the need for outdoor storage and should show the location of the outdoor storage on the site plan. Outside storage is secondary to the business.
• He will have up to 3 employees
• Conditional Use Permit is required for the relocation of his business to this site
• Applicant has also requested to relocate his current sign to this location
• There are 8 criteria to be met for a Conditional Use Permit and the applicant has met all of them

There was discussion between the Planning Commission and Mr. Lloyd regarding the following:
• Size of the building he is requesting
• Mr. Lloyd stated it will be done in 2 phases – 1st phase will be 50x70 and the 2nd phase will be 50x104
• The total square footage of the 2 buildings on Main Street is 3600 sq.ft.
• Mr. Lloyd indicate on the overhead of the site plan where he would like the outdoor storage
• Property is screened with fencing and he will be planting 15 ft. pine trees inside the fence for additional screening
• Parking area is not noted on the site plan. How much parking area/stalls would be needed? 5 would be okay.
• No cars allowed to be parked out front for sale
• Height of the building – Mr. Lloyd stated it will have 17-foot side wall height
• Site plan that was submitted is not adequate, would like more details

Chairman Jullie opened the meeting for public comment.

The following comments were registered:
Ray Scherber, 20920 Valley View Terrace: I just want to make it clear that whatever I say or how it comes across, I have nothing against you. I have talked with people that have had work done by Mr. Lloyd and who know him and they say he is a very credible person. As far as a neighbor is concerned there have been no problems with him. The only thing that I can say to Jeff is that running a business here is different than being a neighbor. The first thing that he did when he moved in here was to put up the fence is an old wooden fence, with a section or two that have fallen down recently. The fence is old and ugly and has wrecked the whole look of Fletcher. I am not in favor of wood fences. There are industrial parts here, and as far as I can see everything that you have talked about today is evolving around an industrial park. That is where he should be. This should not be located in the middle of a residential area. Having this type of business here will ruin the look of the Fletcher area. This is as far away from residential as it can be. To me this seems like it should be located within the industrial or business areas of Rogers, not in a residential area. Noise wise, I presume that the noise is going to get better. For the past 8-10 months all of the neighbors have been listening to him run a skid-steer trying to level this place off, from 7 a.m. to 9 p.m. every day even on Sundays. That noise was bad. This business doesn’t belong in this area. I can’t believe that anybody would ask neighbors to go along with a deal and then aggravate them for close to a year. It is the most annoying noise that you could ever have. We have seen in the past that it is hard to get rid of somebody when they are “grandfathered” in. So if this guy gets grandfathered in with this business he can do whatever he wants to and that is just the way it is. My opinion is this is an absolutely no vote.
Pat Waddick, 21080 Valley View Terrace: The noise has been unbelievable. You take a nice neighborhood setting, somewhere that it is close to town but still has a country setting and for 8-10 hours a day you hear a front end loader. On Saturday mornings at 7:30 in the morning he has the thing grinding – it’s ridiculous. If you look through the whole Fletcher/Rogers area, there is no business like that there. There are a couple of landscape guys that are in and out. But this business does not belong in this area. When you put a business like that in a residential area, it is my understanding that the property value or the tax value won’t go down, the taxes will stay the same. Does anybody know that at all? My question is, if you put a business like that in here, what is it going to do for my property value? If somebody came out and looked at my house, and he has a business up there making all kinds of noise, what do you think that does to my resale value? With a cylinder place, I have to ask is there any hazardous chemicals of any kind involved with this?
Jeff Lloyd, 20775 Territorial Road: None at all.
Pat Waddick: I always get fear of that. There was an auto place in downtown Minneapolis I remember guys pulling motors out and transmission fluids going all over. What will this business have for groundwater pollution?
Jeff Lloyd: There will be none. The system in the building is designed so that all fluids will go into a trap, then the tanks will be pumped out so nothing would go into the ground. Hennepin County is very strict with this, and the EPA was out to inspect also. This system is a self-contained system.
Pat Waddick: Conditional Use Permit is to construct a building that will be larger than allowed. What is allowed?
Planner Cartney responded that in the MU-N district, there is not a standard for accessory structures. There is not a minimum or maximum size allowed. It is listed in that district that you can ask for a Conditional Use Permit but there aren’t any standards. So we bring it forward case by case for review.
Pat Waddick: How will the size of the accessory structure fit into this area? Do you really think that something like that belongs in an area like that?
Planner Cartney responded that staff recommendation is for approval. There are a number of pole buildings in that area.
Pat Waddick: But is this going to be bigger than a pole shed? Height size? So compared to the place behind you, Phoenix or Phantom?
Jeff Lloyd: The business down the road, Phantom, has a building similar in size to this building.
Pat Waddick: This is a neighborhood. Now you want to put a business in here and we don’t want the noise that comes with it. One of the things that sold me on my house was the country setting. You are going to have plenty of people coming in and out and your open on Saturdays too, right? What are your hours?
Jeff Lloyd: Business hours will be 8:00 a.m. – 5:00 p.m. Monday through Friday. I went around and asked my existing neighbors by my business on Main Street to rate the noise level. None of them had a problem. Once the construction is done at my property on Territorial, there will not be any noise. Yes, I have been working a lot around there cleaning up all the junk that was there. There was an actual junk hole in the back. I took out thirteen 30 yard dumpsters of stuff.
Pat Waddick: So when a person takes out a building permit like this, is there anybody is the City of Rogers that follows up on this? Do they make sure that this person is up to standards?
Planner Cartney responded saying everything over 200 sq.ft. is required to have a building permit.
Pat Waddick: Has anybody been out there yet?
Planner Cartney stated no because he has not applied for a building permit and has not submitted plans yet. Once application has been made it is reviewed by our building officials and myself. Once approved there are inspections that will be done by the building officials to make sure it is being constructed to code.
Pat Waddick: This is going to be an eyesore and detrimental to the neighborhood. How would you like to live behind something like this?
Amy Biren, 20800 Valley View Terrace: I live right behind Jeff. Jeff has been a great neighbor to us. I also work for the City of Hanover in the Planning and Zoning Dept. Right now Jeff has a partially tarred driveway, and then it is dirt in the back. The part where the building is going to be located, I am wondering if you are going to require him to have a dustless surface for storing his cars outside. Are you going to make it be asphalt? When he said that there is going to be a driveway that goes to the back and around the building is that going to be gravel, is it going to be tar or what is it going to be? If cars will be parked on the side, what about leakage there from the vehicles? I know that Rogers is a MS4 City, like Hanover is, so I’m worried about a drippy oil pan or something that will drip from a car waiting to be serviced. Because we are downhill from it, I am concerned about that. We were unaware that he is going to have a driveway to come in and go all the way around the building. Does the driveway itself have to meet a specific standard? Is there a percentage of impervious surface within this particular zoning?
Planner Cartney responded that 75% is what is required for impervious surface. That is also what we require for residential. To answer a couple of your questions, yes the driveway does need to have a dustless surface, and the parking areas are to be asphalt or better. That is a code requirement. We do have our own MS4 inspector so they will be reviewing the plans when the come in.
Amy Biren: Is there going to be any outdoor lighting? Will that be part of the site plan?
Planner Cartney responded that there wasn’t anything shown in the submitted site plan.
Amy Biren: So there is not going to be any outside lighting then?
Planner Cartney stated that is something that will have to be asked of the applicant.
Amy Biren: Okay, I was thinking of security lights and how they are going to shine into neighboring areas. Jeff said that there were going to be holding tanks installed, is that just for your septic or basically the septic from your shop?
Jeff Lloyd: Yes, just from the shop. Everything is contained, there won’t be any runoff.
Amy Biren: Is there going to be a limit to the number of cars that are going to be parked outside? Also, I don’t know if you have ever been in downtown Fletcher during rush hour, either in the morning or at night. I am wondering if Hennepin County will have any suggested change like for a turn lane into this property. Because it is closer to the corner and the stop sign there. Coming from both directions, if someone is waiting to turn into his property or exit from there that could be troublesome. I make a right hand turn in the morning to go south on Co. Rd. 116 and if I don’t plan it exactly right, I wait for 20-25 cars to go by before I can quickly make a right turn. The traffic is very heavy in this area. Often times when I-94 is backed up so is Fletcher. This is a concern for me, from a safety standpoint. The traffic created by his vendors, dropping off supplies that he needs is a concern because it will create more traffic and also the weight of these vehicles. I would like to see that this be tabled tonight. I would like to see a more inclusive site plan showing setbacks, screening, tree placement. This directly impacts my mother. She is to the point where she will be selling her property soon and this will make an impact. I would not want to purchase a property where there is a machine shop in my back yard.
Joanne Frei, 12074 Madison Circle: I live across the street from Mr. Lloyd. I totally agree with the traffic on Territorial, that is a concern to me. I have concerns with the hours of the business, the lighting, the signage. Can you tell me a little more about the sign – is it going to have lights on it, how big is it going to be?
Jeff Lloyd: Do you see the current sign that I have? That is the sign that will be relocated to this property.
Joanne Frei: I have not seen that sign. Is it going to be up high? Is there limitation to signage in the City?
Planner Cartney responded that it is limited to 36 sq.ft. I think it is 6 or 8 feet in height.
Joanne Frei: Will it be lit?
Planner Cartney inquired if Mr. Lloyd currently had the sign lit.
Jeff Lloyd: It does have lights in there. They are the LED lights that give it a light glow.
Joanne Frei: Would it be on 24 hours a day?
Jeff Lloyd: It is just a light glow when they are on.
Joanne Frei: This is disappointing. My husband was a small business owner also so I totally get it. I just have some concerns with my property value going down, the disposal of the waste, the noise level, traffic congestion. I wonder about a turn lane also. How are we going to handle the traffic in this area. So the business hours are just going to be 8-5 p.m. Monday through Friday and no weekends. Is there a plan to expand or add on to your business?
Jeff Lloyd: No plans to expand or add on. I have 3 employees and we are pretty quiet. Once this construction is done, the noise should go away. You can hardly tell that we are there.
Joanne Frei: So where is the sign going to be located? Will it be on the road?
Jeff Lloyd: It will go in front. The sign will be located to the west of the driveway.
Joanne Frei: So the plows can go around it then?
Planner Cartney stated that the sign has to meet setbacks, it will not be located on the road.
Jeff Lloyd: This is on a County Road. We might see 6-8 vehicles a day come in here. We are primarily a machine shop.
Joanne Frei: I don’t know what type of service this is. So do cars get taken apart when they come here? Are they towed in?
Jeff Lloyd: The cars drive in. If you have a problem with your vehicle that is part of our business to come in get an estimate. Then on the other side is all these repair shops will come over and drop off their stuff to have it machined. It is not a lot of traffic.

Commissioner Swanson moved, Commissioner Nei seconded a motion to close the public hearing.

On the vote, all members voted AYE. Motion carried.

The Planning Commission discussed the following:
• Information provided here, needs to be supplemented with more details in regard to the site and also the nature of the business
• Hennepin County has not commented or required to put in a turn lane here. The site itself will not have enough traffic to warrant a turn lane. The City does not get involved with turn lanes on County Roads
• Setbacks for the accessory structure are 10 feet from the rear and sides. Driveway setback is 5 feet.
• Driveway and parking areas are required to be paved per the Rogers City Code
• Can table this to the April Planning Commission meeting so the applicant can submit a more detailed site plan and additional information as requested
• There was a fence permit pulled for the wooden fence and has been inspected by our inspector. I can check into it further.
• Noise concerns seem to be noise due to construction which should go away when construction is completed
• There will be overnight parking – inside and/or outside. This area will be screened. Could have up to 10 vehicles that could be there.
• All of the outdoor storage/parking should be identified on the revised site plan and how many parking spaces will be needed
• Request to have the City Attorney review the MU-N district to determine if Mr. Lloyd’s business would be considered a service establishment, based on the conditional uses in the MU-N zoning district.
• Sewer and water is not available in this area
• Revisit the MU-N zoning district

Commissioner Jullie moved, Commissioner Nei seconded the motion to recommend to table this item to the April 19, 2016 Planning Commission meeting to allow the applicant to provide a detailed site plan and additional information on this request.

On the vote, all members voted AYE. Motion carried.

D. Public Hearing to Consider a Zoning Ordinance Amendment Relating to Outdoor Storage in Chapter 125 – Zoning, Sec. 125-310; Section 125-199 and Section 125-202 of the City of Rogers Code.
City Planner Cartney provided the background information commenting on the following:
• Several requests for outdoor storage over the past few years
• The L-I and B-3 districts allow outdoor storage with a Conditional Use Permit
• City has limited the percentage outdoor storage to a percentage of the building area as part of the Conditional Use Permit
• Proposed ordinance has minimum requirements to be met or the Conditional Use Permit will not be approved
Chairman Jullie opened the meeting for public comment.

There were no comments registered.

Commissioner Jullie moved, Commissioner Kraemer seconded a motion to close the public hearing.

On the vote, all members voted AYE. Motion carried.

Commissioner Swanson moved, Commissioner Nei seconded the motion to recommend to approval of an Ordinance amending Sec. 125-199 by adding language for outdoor storage.

On the vote, all members voted AYE. Motion carried.

Commissioner Swanson moved, Commissioner Nei seconded the motion to recommend to approval of an Ordinance amending Sec. 125-202 by adding language for outdoor storage.

On the vote, all members voted AYE. Motion carried.

Commissioner Swanson moved, Commissioner Nei seconded the motion to recommend to approval of an Ordinance amending Sec. 125-310 by removing language for outdoor storage.

On the vote, all members voted AYE. Motion carried.

E. Public Hearing to Consider a Zoning Ordinance Amendment Relating to Electronic Signs in the Following:
Chapter 113 Signs:
• Section 113-1 Definitions
• Section 113-9 Special Sign Types
Chapter 125 Zoning - related to zoning definitions
• Section 125-1 Definitions of the City of Rogers Zoning Code
City Planner Cartney provided the background information commenting on the following:
• All churches and schools within the City are located in either the Residential district (R) or the Multifamily and Institutional district (RMI) of the sign overlay district
• These districts prohibit electronic/digital display because of the residential nature
• City Code does not define Institutional Uses
• A definition was provided at the January workshop
• Location of signs was discussed to be along County Roads, Hwy. 101 and Interstate 94
• Recommended to leave digital portion of the size at 25% per our current code

Chairman Jullie opened the meeting for public comment.

There were no comments registered.

Commissioner Jullie moved, Commissioner Nei seconded a motion to close the public hearing.

On the vote, all members voted AYE. Motion carried.
There was a brief discussion by the Planning Commission.

Commissioner Silverstein moved, Commissioner Neis seconded the motion to recommend approval of an Ordinance amending Sec. 113-1 Definitions by adding language for Institutional Uses.

On the vote, members Meadows, Binkley, Neis, Jullie, Kraemer, Silverstein and Nei voted AYE and member Swanson voted NAY. Motion carried.

Commissioner Silverstein moved, Commissioner Neis seconded the motion to recommend to approval of an Ordinance amending Sec. 113-9 by amending special sign types.

On the vote, members Meadows, Binkley, Neis, Jullie, Kraemer, Silverstein and Nei voted AYE and member Swanson voted NAY. Motion carried.

Commissioner Silverstein moved, Commissioner Neis seconded the motion to recommend to approval of an Ordinance amending Sec. 125-1 Definitions by adding language for Institutional Uses.

On the vote, members Meadows, Binkley, Neis, Jullie, Kraemer, Silverstein and Nei voted AYE and member Swanson voted NAY. Motion carried.

ADJOURN
Commissioner Swanson moved, Commissioner Neis seconded a motion to adjourn the meeting 8:10 p.m.

On the vote, all members voted AYE. Motion carried.

For Sale/Accepting Bids of 1986 Ford Series 8000 Truck

The City of Rogers is accepting bids for the sale of a 1986 Ford Series 8000 truck with a built Custom Fire Body/Pumper. The 1986 pumper is equipped with a Waterous 1250gpm two stage, Model CMYB-1250 fire pump. The pumper has a 1000-gallon capacity steel water tank and a Nissan Model NDG10A diesel generator. A pump test was completed on the truck on April 14, 2015. The 1986 pumper is equipped with 6 large storage compartments, top mount deck gun, and scene lights. The pumper is equipped with (1) 30 ft., 3-section extension ladder, 12 ft. and 14 ft. roof ladders, (1) 10 ft. attic ladder, (2) hard section hoses, and (3) pike poles. The mileage on the vehicle is 12,613 with 775 engine hours.

Read more: For Sale/Accepting Bids of 1986 Ford Series 8000 Truck

Rogers Ranked 6 for "Best Minneapolis Suburbs to Live In

The City of Rogers was just named #6 overall on the list of “Best Minneapolis Suburbs to Live In” by Movoto.com. Scoring criteria included “Amenities per capita, standard of living (cost of living, median home value, median rent, median household income, and high school graduation rate), total crimes per 100k, unemployment rate and average commute time.” Yet another acknowledgement for our great community…congratulations Rogers!  For details visit movoto.com.

 

City of Rogers and State Representative Joyce Peppin Pursue Fiscal Disparities Legislation

The City of Rogers would like to thank State Representative/Majority Leader Joyce Peppin for her strong support of the City's efforts to seek relief from the tax/revenue impacts of the State Fiscal Disparities Program. Specifically, Representative Peppin has again advanced a bill that, if passed into law, would cap tax capacity contributions to the Fiscal Disparities for cities like Rogers which are not part of the Metropolitan Council regional wastewater system.

The Metropolitan Area Fiscal Disparities Program is a mandatory program enacted by the State Legislature in an attempt to address fiscal concerns within the seven‐county Metro area and to equalize tax base by requiring that all communities in the area contribute 40 percent of the growth in their commercial/industrial tax base after 1971 to a regional pool. The tax base is then redistributed to cities based upon a State formula. Rogers is annually one of the largest, if not the largest net contributors/net losers to the program in terms of percentage of tax base lost. Rogers loses between 15-20% of its tax base to the program on an annual basis, resulting in a commensurate loss of more than $1 million dollars in annual revenue/tax relief. Notably, Rogers is the only city within the top 20 net contributors to the program that is not part of the regional wastewater system, and is the only city with its own wastewater treatment plant which is a significant net contributor/net loser to the program.

Read more: City of Rogers and State Representative Joyce Peppin Pursue Fiscal Disparities Legislation

Contact Administration

763-428-2253

info@rogersmn.gov

22350 South Diamond Lake Road
Rogers, MN 55374

Judy Splett
Deputy Clerk

Melody Swanson
Administrative Assistant

Stacy Scharber
Assistant City Administrator / Clerk

Steve Stahmer
City Administrator