2012 Agendas / Minutes

MINUTES
ROGERS PLANNING COMMISSION
SEPTEMBER 27, 2012

CALL TO ORDER
The meeting of the Rogers Planning Commission was held on September 27, 2012 at 7:01 p.m. was called to order with Commissioners Denker, Knapp, Martin, Busch, Ende, Noto, Terhaar and Swanson were present.

Also present were City Planning Consultant Steve Grittman, Deputy Clerk Splett and Councilmember Ihli.

Member(s) excused: Meadows, Knapp and Terhaar.

OPEN FORUM
Fire Chief Feist was invited to speak to the Commission on fire codes relating to buildings over 4 stories tall. Chief Feist commented on the following:
• Buildings over 2000 sq.ft. are now required to be sprinkler. Having buildings sprinkler is the most important prevention. When use changes in buildings then they should be sprinklered
• Fire accessibility around buildings
• Fire Dept. has high rise packs; radio repeater for safety of firefighters
• Owner of building to supply fire systems installed in buildings – some now have voice command
• Rogers Fire Dept. has the equipment and manpower to provide life safety without issues
• Commissioner Noto and Councilmember Ihli both commented on how great the response time is from the Rogers Fire Dept. and thank Chief Feist for a great job done

SET AGENDA
The agenda was set as submitted.

CONSENT AGENDA*
A. Approval of the August 23, 2012 Planning Commission Minutes and September 18, 2012 Special Planning Commission Minutes
Commissioner Martin moved, Commissioner Denker seconded a motion to approve the August 23, 2012 Planning Commission Minutes as submitted.

On the vote, members Denker, Knapp, Martin, Busch, Noto, Terhaar and Swanson voted AYE, and member Ende abstained. Motion carried.

Commissioner Martin moved, Commissioner Swanson seconded a motion to approve the September 18, 2012 Planning Commission Minutes as submitted.

On the vote, members Denker, Knapp, Martin, Busch, Noto, Terhaar and Swanson voted AYE, and member Ende abstained. Motion carried.

PUBLIC HEARINGS
A. Public Hearing to Consider an Amendment to the On-Site Sewer Ordinance
Planning Consultant Grittman provided the background information commenting on the following:
• The language in the current ordinance is outdated
• Septic inspections are now done by Hennepin County
• Few internal code references need to be correct
• Sent the proposed ordinance to Hennepin County and have not heard back from them

Chairman Noto opened the meeting for public comment.

There were no comments registered.

Commissioner Denker moved, Commissioner Ende seconded a motion to close the public hearing.

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

The Planning Commission discussed the following:
• Went through additional changes and/or corrections
• City should have septic information on file even though Hennepin County is doing the inspections

Commissioner Noto moved, Commissioner Ende seconded the motion to recommend approval of the ordinance with the requested changes.

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

B. Public Hearing to Consider An Amendment to Section 30.64 and Adding Section 30.65 of the Rogers City Code Relating to Hunting and Shooting
Planning Consultant Grittman provided the background information commenting on the following:
• Hunting was mostly allowed within the former Hassan area
• Prior to the annexation Rogers was very restrictive in allowing hunting
• Chief Beahen, staff, and Commissioner Martin worked on the proposed ordinance
• Proposed ordinance is based off of the City of Elk River
• Intent of this ordinance is to try to accommodate what has been allowed within the former Hassan properties now that they are Rogers

Staff, Chief Beahen and commissioners then went through the proposed ordinance to explain to the audience and commissioners why it was written this way and what it does and does not allow. The types of guns and calibers that are okay to use within the City. Also reviewed corrections noted by Commissioner Martin.

Chairman Noto opened the meeting for public comment.

The following comments were registered:
Commissioner Martin commented that the purpose of the ordinance is to allow everyone to be able to hunt and also to protect all adjacent property owners.
Commissioner Noto that all of Commissioner Denker and Martin's clarifications are trying to keep the public safe, not trying to prohibit hunting within the City.
Police Chief Beahen: While chief in Elk River I probably reviewed approximately 170 applications a year and denied 2-3 of those. We like to work with people and try to address all concerns. Would like to see the harvesting of game done safely, and protect the safety of all residents. Just want to assure you that we will work with applicants. We have developed a permit for hunting that we will be using.
Commissioner Denker inquired if there would be a fee for the hunting permit.
Chief Beahen stated at this time there is not.
Commissioner Martin suggested to attending audience that they let their friends and neighbors know that we are not trying to discourage hunting within the City, we are trying to make sure it is done in a safe manner for everyone.
Jim Kelley, 12165 Kelley Ln.: Are the permits issued good for only one time?
Chief Beahen stated that they are good for 1 year. Then if everything goes well, possibly the next year we will be able to do it by mail. We want to review every area that people want to hunt to make sure that there are no concerns.
Jim Kelley: How long of a process is it to get the permit?
Chief Beahen: You apply for the permit and we will check all of the sections that are on the permit.
Jim Kelley: So someone actually comes out and looks at the area?
Chief Beahen: Yes we will.
Commissioner Martin thanks the Chief for being at the meeting tonight on his own time.

Commissioner Noto moved, Commissioner Martin seconded a motion to close the public hearing.

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

The Planning Commission discussed the following:
• All annexed properties have been rezoned
• Walking paths in former Hassan should have notices posted at the entrances during the hunting season that they may be unsafe.
• Pass request for posting paths to City Staff review

Commissioner Noto moved, Commissioner Swanson seconded the motion to recommend approval of the ordinance with all changes as discussed tonight to be included.

The Planning Commission would like to see the revised ordinance with the changes prior to it going to the City Council.

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

Commissioner Noto left the meeting at this time.
NEW BUSINESS
A. Proposed Revisions to L-I Zoning District Relating to Unsewered Lots
Planning Consultant Grittman provided the background information commenting on the following:
• Proposed amendment to the L-I District is to lots without City water and sewer will have a minimum lot size standard to provide a primary and secondary septic sites and wells on the lot in addition to the principal and accessory structures
• The minimum lot size in the district will only apply to those lots that have City utilities
• Change the language relating to Wind Energy "Conservation" System to "Conversion" System

Commissioner Martin moved, Commissioner Denker seconded a motion to recommend that a public hearing be held at the regular October Planning Commission meeting.

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

B. Proposed Ordinance Defining and Regulating Special Events
Planning Consultant Grittman provided the background information commenting on the following:
• This will be on the next City Council meeting – it is before you for discussion
• New mechanism to allow retailers or other organizations to have special events
• All will be required to go through a formal review and approval process
• As you see it tonight is how it will be presented to the Council unless you have some suggested changes

The Planning Commission discussed the following:
• Does this modify the use within the retail district and would it require an amendment to the land use
• This is a special permit to allow different uses for a day or a weekend, does not require an amendment to the land use
• Church festivals will also be included in this
• HOM Furniture would definitely fall into this

Commissioner Martin moved, Commissioner Swanson seconded a motion to recommend approval of the Special Event ordinance as presented.

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

OTHER BUSINESS
A. Hardee's Lights
Planning Consultant Grittman provided a brief update. The Planning Commission felt that Hardee's has had enough time to get the lights fixed so that they would be in compliance. Hardee's has contacted the City about other options for signage but have not submitted an application. The lot is not being maintained as it should be, request code enforcement to go out there.

No action taken.

B. Revised Zoning Map
Planning Consultant Grittman provided a brief update stating that he has been notified that the map is completed and waiting for a final review by WSB. After that is completed it will be emailed to Mr. Grittman.

No action taken.

C. Mixed Use Zoning
Planning Consultant Grittman provided a brief update commenting on the following:
• Downtown area is not included in this
• It is before you tonight for your comments and review
• Changing the format to match our current code format

There was a brief discussion by the Planning Commission.

Consensus of the Planning Commission was to make the few changes discussed tonight and bring it back to the October meeting for further review and discussion.

D. Extend Sign Overlay District – Hwy 101 Corridor
Planning Consultant Grittman provided an update stating that the purpose of this is to extend the sign overlay district and the highway overlay district up the Hwy. 101 corridor. This will provide signage requirements and regulations for the newly rezoned B-3 and B-C properties.

There was a brief discussion by the Planning Commission.

Commissioner Denker moved, Commissioner Martin seconded a motion to recommend that a public hearing be held at the regular October Planning Commission meeting to consider amendments to the sign ordinance relating to application of the Sign Overlay Districts and to the Highway Overlay Districts to include the newly rezoned B-3 and B-C zoning districts.

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

ADJOURN
Commissioner Ende moved, Commissioner Denker seconded a motion to adjourn the meeting at 8:47 p.m.

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

Members

Bernie Terhaar
Alternate #1
Bruce Gorecki
Member
Carl Knapp
Member
Dennis Meadows
Member
Dick Martin
Member
Kevin Jullie
Member
Steve Swanson
Member
Rick Ihli
City Council
Keith Neis
Member