1. Call to Order. The regular meeting of the Council of the City of Rogers was called to order by Mayor Bunting on Tuesday, March 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; Sheila Cartney, City Planner/Econ. Develop. Coord; Stacy Scharber, Assistant City Administrator; John Seifert, Public Works Supt.; Bret Weiss, City Engineer; and Lisa Wieland, Finance Director.
2. Open Forum
3.01 Presentation by Word of Peace (Karen Running)
Ms. Running was present, provided a handout, and addressed the Council regarding the activities of Word of Peace and how they are involved in the community. Ms. Running proceeded through her handout highlighting recent and upcoming activities of Word of Peace that are open to the entire community not just parishioners.
Hall commented on the Church doing a good job in the community.
Council thanked Ms. Running for her presentation.
4. Approve Agenda
The agenda was set as submitted.
5. Consent Agenda
5.01 Approval of Minutes from March 11, 2014 City Council Meeting
5.02 Approval of Bills and Claims
5.03 Approval of Special Event Permit for Word of Peace Lutheran Church for 5K Run/Walk on Sat., April 26, 2014
5.04 Approval of Minnesota Lawful Gambling Exempt Permit for Mary Queen of Peace to Conduct Bingo, Raffles and Pull-Tabs on September 28, 2014 for their Annual Festival, located at 21304 Church Ave.
5.05 Approval of Special Event Permit for Northwest Machine - Open House on April 29-30, 2014 and May 1, 2014, located at 20851 Commerce Blvd.
5.06 Adopt the Following Ordinances to Comply with GreenStep Cities Program:
• Ordinance No. 2014-07, An Ordinance Amending Section Chapter 105 of the Rogers City Code (Building and Regulations) to Demonstrate That Regulatory Ordinances Comply With the Comprehensive Plan and Summary Ordinance No. 2014-07.
• Adopt Ordinance No. 2014-08, An Ordinance Amending Chapter 125 of the Rogers City Code (Zoning) to Demonstrate That Regulatory Ordinances Comply With the Comprehensive and Summary Ordinance No. 2014-08
5.07 Approval of the Following Requests by Crow River Storage, Located at 14450 James Road:
• Conditional Use Permit Amendment to Allow Outside Storage
• Resolution No. 2014-23, A Resolution Granting Site Plan Approval To Crow River Storage, LLC For Phases I And Ii Mini-Storage At 14450 James Road, Rogers Minnesota
5.08 AEM Financial Solutions a division of Abdo, Eick & Meyers, LLP
5.09 Approval of Otsego/Rogers Agreement for the Joint Ownership of Equipment and Authorization to Purchase Valve Exercise Equipment
5.10 Authority to Solicit Request for Proposal for Demolition at 12812 Main Street
5.11 Proposal for Evaluation and Preparation of Specifications for the Reconditioning of the 400,000 Gallon Elevated Water Tower Located on George Weber Drive
5.12 Approval to Purchase Well No. 4 Pump
5.13 Accept Resignation of Linda Mayer
5.14 Schedule Joint Workshop Council/Planning Commission for Downtown Redevelopment Plan Kick-Off for April 8, 2014 at 6:00 p.m.
Bunting pulled 5.01.
Ihli moved, Jakel seconded a motion to approve the consent agenda less 5.01. Motion carried 5-0.
Hall moved, Stanley seconded a motion to approve 5.01. Motion carried 3-0-2; Ihli and Jakel abstained because of their absence from the meeting.
6. Public Hearings
7. General Business
7.01 Authorization to Hire Part-time Community Service Officers and Approval of Position Description
Chief Beahen addressed the Council and provided background information and a powerpoint presentation on the request to hire part-time community service officers. Beahen highlighted the following:
• Included in the 2014 budget
• Positions were to be filled starting in April
• Since June 2012; we have been full strength for 8 days
• Currently three positions short; one on medical leave, the resignation/backfill of Sgt. Pitts, and the deployment of Sgt. Wegner
• Need; calls for service increasing at a rate higher than normal
• Current staffing minimum is two patrol cars per shift
• Cost effective to hire two part-time CSO's; working three 8 hour shifts per week
• Work shifts are 4p - midnight during week and 2p to 10p on weekends
• Do booking process and handle jail transports
• The proposed wage of $14.75 is the lowest in the metro area
• All costs are budgeted for 2014
• Meant to be a step program; goal is to be in college in a criminal justice program for 3 years
• Designed as entry level position; some other departments refer to it as a cadet program
Ihli stated we have been discussing these positions for quite a while as budgeted positions.
Council thanked Beahen for the information.
Hall moved, Ihli seconded a motion to approve the job description and authorize the hiring process for two part-time CSO Officers. Motion carried 5-0.
Jim Kelly asked if this person has a regular badge or what the legal status is. Beahen explained that they will not carry a firearm and provided examples of the activities they would be doing.
7.02 Approval of Position Description and Authorize Advertisement of Mechanic Position
Public Works Supt. Seifert addressed the Council provided a powepoint presentation and background information on the request to hire a mechanic. Seifert's presentation highlighted the following:
• Labor trends
• Labor and support costs
• Facility - mechanics bay - two bays would need to be equipped
• Still have approximately $45,000 in the public works construction fund to complete the bay build-out and hoist
• Fleet - collectively 129 pieces with 84 vehicles/heavy equipment
• Next steps - shop organization
• Mecahnic provides basic set of tools; specialized tools provided by City
• Efficiencies of the position
Ihli asked if other cities in the area have their own mechanics. Seifert stated they do and provided examples of cites that have mechanic positions.
Jakel commented the need of the position and especially the predictive and preventative maintenance piece.
Ihli asked if the normal maintenance will be done; oil changes, etc. Seifert stated yes, through the record keeping software.
Ihli stated he was against the position for quite a while, but now agrees it is a necessity.
Hall stated that he has been the largest critic of a mechanics positions. Over the last year and a half he understands the need. Hall stated he supports it and thanked Seifert for bringing him up to speed over the last year and a half.
Stanley asked about the software. Staff stated there is new gas boy software being looked at that could possibly handle both. The new gas software is budgeted for 2014.
Bunting stated he was a little bit skeptical of this as well, but with the amount of staff time used to run vehicles around made the decision for him to support the position.
Stanley moved, Hall seconded a motion to approve the position description and authorize advertisement of the mechanics position. Motion carried 5-0.
7.03 Consider Rezoning and Master Plan – 22101 129th Ave N
Planner Cartney addressed the Council on the rezoning request stating the applicant is proposing to rezone the property from Agriculture and R-2 single family residential to PUD Planned Unit Development. The request to rezone to PUD to allow for single family development with a variety of lot sizes, which would range in area from 12,077 square feet to 20,461 square feet with an average size of 14,975 square feet. As part of the PUD, he is asking to develop 12 single family lots, keeping the homestead and an outlot for the wetland.
The applicant has proposed the following standards for building size requirements:
• Ramblers and one-story dwellings: 1,500 sq. ft. minimum finished space, not including garage and open porches
• Multilevel dwellings: 1,000 sq. ft. minimum finished space plus foyer and 1,800 sq. ft. of total space (finished and unfinished), not including garages and open porches.
• Two-story dwellings: 1,000 sq. ft. main floor minimum finished space and 2,000 square feet of total space (finished and unfinished), not including garages and open porches.
• Each home must have at least a three-car garage.
• Masonry, cement board, stucco, shakes, stone or brick.
• Steel, aluminum, vinyl, or other composite.
• Minimum of 20% brick or store on the front elevation (excludes doors, windows, and garage doors).
• No two homes shall be of the same design and detail and no adjacent homes shall be of similar exterior design or color scheme.
The applicant is proposing a minimum of 90 foot lot width with proposed set-backs and uses the same as with R2; single family residential. The proposed density is 2.9 units per acre.
Cartney stated the Planning Commission held a public hearing at their regular meeting of March 18, 2014 regarding this application. There were about four residents that spoke against the rezoning; their main concern was lot size and traffic. The Planning Commission expressed the same concern and did not see an overwhelming reason to rezone the property to PUD. Some members of the Planning Commission argued that the application was not complete in that a grading plan, wetland delineation plan, utility plan, and contours were not submitted. It was staff's opinion what was submitted was sufficient enough for the master plan portion of the application since the subdivision is minor enough and the narrative and site plan cover enough information to form the PUD agreement. The details explained above would be covered at time of Preliminary and final plat.
The Planning Commission recommends denial of the rezoning to PUD request. They would like to keep this neighborhood as R-2, they do not see the benefit of the PUD.
Cartney stated three motions are provided for Council consideration:
1) Motion: Move to approve resolution 2014-xx denying the rezoning from Ag and R-2 to PUD.
2) Motion: Move to adopt ordinance 2014-xx approving the rezoning from Ag and R-2 to PUD.
3) Motion: Move to approve the master development plan as shown on exhibit A with conditions listed.
Cartney concluded stating as proposed, the development is in line with the comp plan. The applicant would be getting two more lots than an R2. Staff is in support of the application.
Hall asked if we are any farther along now than we were two weeks ago. Scharber explained the Council asked that the applicant go back to the Planning Commission with a PUD request, and that is what is being considered tonight.
Ihli stated the Planning Commission gave it a good look and commented on the two lots as you pull into the cul-de-sac being small. Ihli stated he agrees with the Planning Commission regarding lot size.
The applicant, Jeff Benzinger, addressed the Council stating he knows his odds are slim of receiving approval. Benzinger stated there are things that the Council needs to consider stating the City is no different than a business. Residents have wants and dollars only go so far. We are a full-service City. We have a low household number to provide for all those services. To stay competitive as a City you need more residents. If you look farther out to other cities, most lots coming into the market are 70 foot lots with 10 foot side yard. You need to conserve land to conserve water. Benzinger stated if this isn't approved, he will continue to farm the property.
Benzinger then suggested the City do a study on what other communities are doing for new residential development. Benzinger stated 100 foot lots are great, however everywhere else it is changing and we need to change with it.
Council thanked Benzinger for his comments.
Bunting invited anyone else to the podium.
Lyle O'Bannon, 22371 Brett Trail
Mr. O'Bannon spoke on the application as the adjoining property owner. O'Bannon stated he would disagree with some of the things Mr. Benzinger said. A City does need to make business decisions, a city is not a business, it is a community. O'Bannon talked about the application being a significant departure from the zoning plan. He stated he has been to two Planning Commission meetings and now a Council meeting because the recommendation of the Planning Commission is not always agreed with. O'Bannon stated in the zoning ordinance, it states specifically that amending should only be used as a means to relect a change in the goals and policies of the community. O'Bannon stated he has had a conversation with Cartney after the last meeting and asked if we are looking for higher density neighborhoods. I don't see justification for changing the neighborhood if there are other places that are planned for higher density. The development is for a total of 12 lots; half of the development will be near 12,000 square foot lots; close to a 20% deviation from the 15,000 square foot lots.
Kristine Bollinger, 12734 Adeline Way
A concern is the formula that was used when the City and neighborhoods were laid out. Bollinger asked if we are going to maintain the formula. She commented there is a reason that Rogers is named the best place to raise kids. Our neighborhood is unique in the way it was developed and would like the formula to stay intact.
Matt Rooker, 22392 Brett Trail
Mr. Rooker stated that he asked the Council to consider what the residents intended when they built here. The intent was the larger lot size. Rooker asked what is the long-term plan? If we change this now, then what is the next thing? Rooker asked if the other streets in the area would be opened up to higher density. Rooker stated the long-range plan needs to be considered in the current plan. In speaking with neighbors, there is not a lot of support to increase the density.
Amy Ebert, 12632 Adeline Way
Ms. Ebert stated the Planning Commission twice has decided not to approve and agrees with what was said by the other residents. The new development having an average lot size close to the minimum lot sizes of the current homes doesn't seem like a good fit to the neighborhood.
Shannon Weaver, 12686 Adeline Way
Ms. Weaver stated she agrees with all of her neighbors. What struck her when Benzinger was talking was when he kept saying "other communities". This isn't other communities, this is our community. Weaver stated she is one of the original homeowners and asked the Council to do the right thing and to think of the people that live there now.
Bunting invited anyone else or any Planning Commissioners forward. No one else addressed the Council.
Bunting asked for comments from Council.
Jakel stated that people like the lot sizes and that's what drew them here. Maybe there is an education session at some point on how new land comes in. Jakel commented on the density levels placed on us by the Met Council. Staff stated our average is to have 3 units per acre and we are moving further away from that number. Jakel stated he appreciates the comments that have been made. Jakel stated he doesn't not want to be like every other city.
Stanley thanked the residents for coming out and speaking and letting the Council hear their views. Stanley spoke on a committee she sat on when she first moved to Rogers. She stated the City listened to the committee and did decide to go with the 15,000 square foot lots and is happy we have that.
Hall stated he moved to Hassan/Rogers 20 years ago and has a large lot. If this was an easy decision, this would have been made by now. Hall stated he sees both sides, and understands both sides. He appreciates the comments made by the residents.
Ihli stated he appreciates Benzinger's thoughts, but needs to go along with the Planning Commission and the neighbors.
Bunting reviewed the comments that have been made tonight. Bunting stated with the PUD process, we can make exceptions to our own rules if it is in our best interest. Bunting commented on another PUD development that made sense. Bunting commented on some things that would be lost without doing this development. Bunting commented on the Met Council and on fiscal disparities. Bunting stated when this got sent back to the Planning Commission, he was hoping to see some compromise. Bunting commented on what the expectations of the residents are that built there. Bunting stated he wants to see residential growth continue in the City; it has become stagnant. If we don't continue to grow, our costs will go up. We need to come up with new ideas to keep the residential growth going. Bunting stated he has heard what the neighbors have said and had hoped that they could have come up with some sort of agreement.
Stanley moved, Ihli seconded a motion to adopt Resolution No. 2014-24, A Resolution Denying the Rezoning Request for the Subject Property from AG, Agriculture and R-2, Single Family to PUD, Planned Unit Development. Motion carried 4-1; Hall voting no.
9. Correspondence and Reports
9.01 Elm Creek Watershed Management Commission Minutes
9.02 Rogers Park Board January 9, 2014 Meeting Minutes
No action taken.
Ihli moved, Hall seconded a motion to adjourn at 8:08 p.m. Motion carried 5-0.
Assistant City Administrator/Clerk