1. Call to Order. The regular meeting of the Council of the City of Rogers was called to order by Mayor Bunting on Tuesday, July 9, 2013 at 7:00 p.m. at Rogers Community Center, 21201 Memorial Drive, Rogers, MN, 55374.
Council present: Jay Bunting, Rick Ihli, Darren Jakel, and Maureen Stanley.
Member excused: Don Hall.
Staff present: Gary Buysse, Liquor Operations Manager; Jeff Beahen, Police Chief; Jeff Carson, City Attorney; Brad Feist, Fire Chief; Steve Grittman, City Planner; 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
Jakel added two items under other business:
8.01 Consent agenda discussion
8.02 Update on the pavement management plan
5. Consent Agenda
5.01 Approval of Minutes from June 25, 2013 City Council Meeting and June 25, 2013 Council Work Session
5.02 Approval of Bills and Claims
5.03 Hennepin County Assessment Agreement
5.04 Approval of a Special Event Permit for Carrie On 5K Race
5.05 Approval to Accept Donation of a New Audio System for the Rogers Fire Department
5.06 Adopt Ordinance No. 2013-09, An Ordinance Amending Chapter 125 of the Rogers City Code (Zoning) to Address Corner Lot Setback Requirements and Summary Ordinance No. 2013-09.
5.07 Authorize the Pre-order of Pumps and Control Panel for the Kinghorn Lift Station, Forcemain, and Sanitary Sewer Project
5.08 RW&S Employee Recognition Program - Chris Mirazita
5.09 Approval of Sewer Pipe Lining Quotations
5.10 Authorization to Accept Quotes for Concrete Curb and Sidewalks for Park and Parking Lot Project
5.11 Approval of Resolution No. 2013-42, A Resolution Requesting Inclusion of I-94 West Corridor Expansion in the Minnesota State Highway Investment Plan (MNSHIP)
5.12 Scheduling Council Work Session for July 23, 2013 at 5:30 p.m. at Community Room
5.13 Entertainment in the Parks
5.08 was pulled by Jakel
Ihli moved, Jakel seconded a motion to approve the consent agenda less 5.08. Motion carried 4-0.
Jakel stated he thought this item was important enough to be called out. Jakel stated he didn't have any questions regarding the item, but wanted to extend compliments to the employee.
Jakel moved, Ihli seconded a motion to approve 5.08. Motion carried 4-0.
6. Public Hearings
7. General Business
7.01 Adopt Ordinance No. 2013-10, An Ordinance Rezoning Approximately 70 Acres from MU-R, Mixed Use Regional to L-I, Limited Industry (Kinghorn) and Summary Ordinance No. 2013-10
Planner Grittman stated the Planning Commission is recommending approval of the rezoning on a 4-2 vote. Grittman stated the current zoning is mixed-use regional and the applicant is seeking approval to rezone the property to limited industrial. Grittman stated it is at the Council's discretion to determine the most appropriate zoning district, to achieve the directive of the comprehensive plan. Grittman added that the Planning Commission did receive a presentation regarding the preliminary traffic study for the proposed use of the property.
Grittman provided the following three options for Council consideration:
• Approval with findings
• Denial with findings
• Table - stating we are still within 60 to 120 approval period.
Bunting stated he heard there is concern over the traffic study not being complete. Weiss stated he will have a significant portion of the study complete by the next meeting. Bunting recommended tabling the application until the next meeting.
Ihli moved, Stanley seconded a motion to table 7.01 to the next City Council meeting. Motion carried 4-0.
7.02 Items Relating to Northern Dewatering:
• Approval of a Conditional Use Permit to Northern Dewatering for Outdoor Storage
• Approval of Resolution No. 2013-43, Granting a Land Subdivision and Lot Combination for Northern Dewatering and NR Holds, LLC, Rogers, Minnesota
Planner Grittman stated the item before Council is two related actions; a subdivision/combination and a Conditional Use Permit for the expansion of outdoor storage on the newly combined parcel.
Grittman explained the changes to staff recommendations that the Planning Commission made; focusing on dust-free aggregate versus pavement as recommended by staff.
Bunting asked why. Grittman stated the Planning Commission felt the paving requirement was onerous for this user stating there was discussion regarding the use of a track vehicle on the site. Bunting asked Planning Commissioner Dick Martin if he concurred with the statements by Grittman. Martin stated the code does allow for a dust free surface and also referenced the track vehicles on the property.
Grittman stated that staff also recommended compliance with parking. The Planning Commission clarified that the parking and driveway are to be paved. Grittman proceeded through the final conditions placed on the CUP and land division. Grittman stated the new conditions do not supersede the other conditions of the previous Conditional Use Permit. Also, a developer's agreement will be drafted to secure all the requirements of the CUP and land division/combination.
Stahmer asked if it is fair to say that this is subject to watershed permitting, and it still may be discussed at a watershed level and require asphalt.
Bunting stated that he was concerned about asphalt requirement until he heard about the track vehicles.
John McShane, owner of Northern Dewatering, approached the podium and stated he is looking at purchasing this property as an opportunity to pick up another adjoining parcel because of its availability. McShane stated they have track vehicles up to 125,000 pounds. Asphalt would not last long.
Bunting stated his concern was for screening for residents, it appears that is being taken into account. McShane stated he has been there for 30 years, and stated if you look at the screening at the existing property he didn't cut corners before.
Ihli stated staff has done a good job and is confident this is a good project.
Mark Nordlund, of NR Holdings, introduced himself to the Council as the entity purchasing the property and subdividing the 3 acres. He and his partner will be purchasing the Stegora property. Their intent is to subdivide and sell the property to other similar uses to what is happening in the area.
Ihli moved, Stanley seconded a motion to approve the Conditional Use Permit to Northern Dewatering for Outdoor Storage. Motion carried 4-0.
Ihli moved, Stanley seconded a motion to approve Resolution 2013-43, A Resolution Granting a Land Subdivision and Lot Combination for Northern Dewatering and NR Holds, LLC, Rogers, Minnesota Motion carried 4-0.
8. Other Business
8.01 Consent Agenda Discussion
Jakel stated when he was previously on the Council, his understanding was that consent agenda items were things that were brought before the Council before stating he now sees that sometimes things are new and noteworthy.
Scharber explained the change in agenda and packet style. Stahmer stated that if enough description can be accomplished in writing the memo, and for non-controversial items, then it normally will be on consent agenda.
Bunting stated he appreciates what staff has done.
8.02 Pavement Management Plan
Jakel stated there is so much going on in town and so much on the horizon that this seems overdue because it touches so many different facets.
Weiss stated he has reviewed the final draft report and recommended moving the transportation task force meeting to late July instead of August. Weiss explained that a lot of things that go into getting it set up for the first time.
Jakel commented on incorporating the pavement management plan in to the budget documents.
9. Correspondence and Reports
9.01 June Police Report
No action taken.
10. (cont.) ADJOURN TO CLOSE SESSION FOR DISCUSSION OF POTENTIAL PROPERTY ACQUISITIONS RELATED TO THE HWY 101/CR 144 PROJECT
Bunting adjourned the meeting to closed session at 7:23 p.m.
Council reconvened from closed session at 7:45 p.m.
Assistant Administrator Scharber read the following recommended motions to Council:
Authorization to execute a developer's agreement for parcel 8, as discussed in closed session. Motion made by Ihli, seconded by Stanley. Motion carried 4-0.
Authorize settlement of payment for parcel 7 conditioned upon release of mortgages, as discussed in closed session. Motion made by Ihli, seconded by Jakel. Motion carried 4-0.
Attorney Carson then read the following recommended motions to Council:
Authorize the use of the "larger parcel theory" for parcel 13 to add adjacent property, as discussed in closed session. Motion made by Ihli, seconded by Stanley. Motion carried 4-0.
Not authorizing the use of the "larger parcel theory" for parcels 10 and 11, as discussed in closed session. Motion made by Stanley, seconded by Jakel. Motion carried 4-0.
Ihli moved, Stanley seconded a motion to adjourn at 7:49 p.m. Motion carried 4-0.
Assistant City Administrator/Clerk