1. Call to Order. The regular meeting of the Council of the City of Rogers was called to order by Acting Mayor Ihli on Tuesday, April 22, 2014 at 7:00 p.m. at Rogers Community Center, 21201 Memorial Drive, Rogers, MN, 55374.

Council present: Don Hall, Rick Ihli, Darren Jakel, and Maureen Stanley.
Member excused: Jay Bunting.

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
None.

3. Presentations
None.

4. Approve Agenda
Acting Mayor Ihli added the Rouillard properties under other business.

5. Consent Agenda
5.01 Approval of Minutes from April 8, 2014 City Council Meeting
5.02 Approval of Bills and Claims
5.03 Approval of Special Event Permit for Cabela's for Family Great Outdoors Days on May 3 and May 4, 2014
5.04 Approval of Temporary Full Time Hire of Dan Drake as Police Officer
5.05 Approval to Supplement Sgt. Wegner's Military Pay
5.06 Approval of the FedEx Distribution Facility Wetland Replacement Plan - Resolution No. 2014-29
5.07 Approval of Portable Restroom Contract for 2014
5.08 Authorization to Accept Quotes to Move Broadway Restaurant Sign for 101/141 Construction Project
5.09 Adopt Ordinance No. 2014-09, An Ordinance Authorizing the City Administrator to Issue Temporary Permits to Certain Properties Affected by the TH101/CR144 Interchange Construction Project and Summary Ord. 2014-09
5.01 was pulled by Ihli.

Stanley moved, Hall seconded a motion to approve the consent agenda less 5.01. Motion carried 4-0.

5.01 will be placed on the next agenda for approval since there were not enough Council members present to approve the minutes; Jakel and Hall were absent from the April 8, 2014 meeting.

6. Public Hearings
6.01 Public Hearing for the I-94 Corridors of Commerce Project (TH 241 to TH 101)
• Approval of Resolution No. 2014-30
Engineer Weiss introduced Claudia Dumont with a presentation on the I94 Corridors of Commerce Project. Ms. Dumont stated the project is fully funded by state bond dollars totaling $30 to $35 million. Ms. Dumont then provided detail on the project with a PowerPoint presentation highlighting the following:
• Traffic modeling
• Eastbound will be three lanes from 241 (St. Michael) to 101 (Rogers)
• Westbound will be three lanes starting from Cabela's to 241
• Noise wall along the residential area (Northridge Townhomes)
• Fix Fox Creek drainage
• Construction complete by fall 2015

Ihli asked how much of the project will be completed this fall? Ms. Dumont stated not a lot of road work will occur this fall, but bridge work will start.

Ihli opened the public hearing for comment at 7:17 p.m. No persons addressed the council.

Ihli moved, Stanley seconded a motion to close the public hearing at 7:18 p.m. Motion carried 4-0.

Engineer Weiss thanked MnDOT and District Three for their work with the Metro District to make this project happen.

Engineer Weiss discsussed the change to the resolution and a new resolution that was provided to Council; the difference being the citation referring to the noise wall being removed.

Stanley moved, Hall seconded a motion to adopt Resolution No. 2014-30, A Resolution for the Approval of Layout No. 2 for S.P. 2780-66 (T.H. 94). Motion carried 4-0.

6.02 Public Hearing to Review the City's Draft Part 2 Wellhead Protection Plan
Public Works Supt. Seifert discussed the wellhead protection plan process with Council and introduced Erik Tomlinson, with Source Water Solutions, LLC.

Mr. Tomlinson proceeded with a PowerPoint presentation highlighting the following:
• Wellhead delineation/vulnerability analysis
• Potential contaminant source inventory
• Objectives and plan of action
• Next steps: public hearing (tonight), part II plan submittal by May 2, 2014, MDH approval August 2014, and plan implementation by fall 2014.

Stanley asked if this addresses contaminates in the water itself or ground water. Seifert stated it is actually protecting the source water.
Seifert spoke on the high iron content in our water and other natural elements.

Ihli opened the public hearing at 7:31 p.m. No persons addressed the Council.

Ihli moved, Hall seconded a motion to close the public hearing at 7:31 p.m. Motion carried 4-0.

Ihli moved, Stanley seconded a motion to authorize part II of the Wellhead and Source Water Protection Plan to be finalized and formally submitted to the Minnesota Department of Health for their review and approval. Motion carried 4-0.

7. General Business
7.01 Items Relating to Scannell Properties:
• Resolution No. 2014-31, A Resolution Approving the Final Plat of Elkhorn Addition
• Resolution No. 2014-32, A Resolution Granting Site Plan Approval for the construction of a 304,809 sq.ft. Office Warehouse Building, 2,400 sq.ft. security building and a 5,180 sq.ft. maintenance building
• Approval of a Conditional Use Permit for Outdoor Storage
Planner Cartney stated the three items for discussion are the final plat of Elkhorn Addition, the site plan, and CUP for outdoor storage. Cartney stated at the Planning Commission meeting an on-site fuel station was added to the site which is something they will have to apply for in the future as a conditional use permit.

Cartney read from her memo regarding parking and building construction stating the facility will maintain continuous operations 24 hours a day, 7 days a week. The warehouse and office use require 570 parking stalls, the site plan show 1,459 spaces. The parking lot is set up for outdoor storage of truck trailers, vans, tractors, and trucks. The applicant has applied for a Conditional Use Permit (CUP) for the outdoor storage. Cartney stated the Planning Commission is recommending approval of the three items being recommended: Final Plat approval, Site Plan approval, and CUP approval.

Hall asked if there is a number of stalls designated for the outdoor storage; planner stated that there isn't a range, just a designated area.

Tim Elam was present and provided an aerial view of what the project would look like. Elam stated there are 356 trailer parking spaces on the north side of the building. Elam also provided other views of the project area.

Council has no other questions. Ihli stated that staff and others have put countless hours into this project; a good project.

Hall moved, Jakel seconded a motion adopting Resolution No. 2014-31, A Resolution Approving the Final Plat of Elkhorn Addition. Motion carried 4-0.

Ihli moved, Jakel seconded a motion adopting Resolution No. 2014-32, A Resolution Granting Site Plan Approval for the construction of a 304,809 sq.ft. Office Warehouse Building, 2,400 sq.ft. security building and a 5,180 sq.ft. maintenance building. Motion carried 4-0.

Stanley moved, Jakel seconded a motion approving a Conditional Use Permit for Outdoor Storage. Motion carried 4-0.

7.02 Approval of the Development Agreement with Scannell Development Company (Resolution No. 2014-33)
Administrator Stahmer stated this is a continuation of the item above, separate from the Planning approvals, but a requirement to enter into a Development between the City and Scannell Properties #172. Stahmer stated the action tonight would be to adopt the resolution that would approve the development agreement and subsequent agreements. Stahmer stated Council went through the agreement in detail earlier tonight in a work session. Stahmer pointed out the resolution does allow for a small amount of latititude to allow staff to continue to work through the agreements. Stahmer read from the resolution:
The approval hereby given to the Development Documents includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by legal counsel to the City and by the Mayor and City Administrator prior to executing said documents; and said officers are hereby authorized to approve said changes on behalf of the City. The execution of any instrument by the Mayor and City Administrator shall be conclusive evidence of the approval of such document in accordance with the terms hereof. In the event of absence or disability of said officers, any of the documents authorized by this Resolution to be executed may be executed without further act or authorization of the Council by any duly designated acting official, or by such other officer or officers of the Council as, in the opinion of the City Attorney, may act in their behalf.

The agreements that are being approved are as follows:
• Development Agreement with Scannell
• Scannell Petition and Waiver (Rogers Drive)
• Henry Assessment Petition and Waiver
• Outlot A Assessment Petition and Waiver
• Vevea Deferred Assessment Agreement
• Vevea Roadway/Utility Easement
• (Vevea Billboard Easement – Separate Action)
• Henry/Scannell Driveway Access Agreement (private agreement to be provided by Scannell)
• Henry/Kinghorn Roadway/Utility Easement Agreement
• Henry/Kinghorn Ponding Easement Agreement

Stahmer stated the Vevea billboard agreement will be separate from the developer agreement approval.

Jenny Boulton and Jeff Carson were asked to comment on some language that is being added to the agreements as presented. Jenny Boulton, with Kennedy and Graven, addressed the Council providing some additional language that will be added to the agreements:
• Green acres language to ensure assessment payments regardless of Green Acres status
• Deferral of special assessments "catch-all" language will be made consistent and conforming to all agreements (Vevea agreement as number 11).

Stahmer provided two dollar amounts that were previously left blank; $751,100 in the Henry agreement and $47,000 in the Outlot A agreement.

Ihli stated there are a lot of moving parts to this project and these are pieces that need to be completed to move it along.

Ihli moved, Hall seconded a motion adopting Resolution No. 2014 – 33, A Resolution Approving a Development Agreement By and Between the City of Rogers and Scannell Properties #172, LLC. Motion carried 4-0.

Stanley moved, Jakel seconded a motion to approve the Vevea Billboard agreement. Motion carried 4-0.

7.03 Items Relating to Launch Properties
• Approval of Resolution No. 2014-34, A Resolution Granting Preliminary and Final Plat Approval of Launchpark Rogers 1st Addition
• Resolution No. 2014-35, A Resolution Granting Site Plan Approval for the Construction of a 21,090 sq.ft. Warehouse, 898 sq.ft. Truck Bays, and 8,910 sq.ft. Office Space
• Approval of a Conditional Use Permit for Building Height Greater than 35 Feet
Planner Cartney read from her memo describing the requested approvals to Council. Cartney stated as proposed, the plat is creating one lot and three outlots. Lot one will contain Turbine Pros, Outlot C will contain the stormwater treatment for Lot 1, since this only benefits Lot 1, the two lots should be combined. Ten foot drainage and utility easements should be shown around all the lots. The applicant has made the suggested changes and has gotten the revisions back to engineering staff. The engineer has reviewed the changes and is also recommending final plat approval tonight. Cartney stated a public hearing to vacate the easement will be held May 13th.

Hall asked where the floor of the building sits (elevation) in relation to Northdale Boulevard. Weiss stated it sits above the elevation of Northdale Boulevard. Staff stated they did comment on the slope of the entrance drives, up from Northdale Boulevard.

Ihli stated he doesn't see an issue with the extra two feet being requested as a CUP because it eliminates the outside storage.

Ihli moved, Stanley seconded a motion approving Resolution No. 2014-34, A Resolution Granting Preliminary and Final Plat Approval of Launchpark Rogers 1st Addition. Motion carried 4-0.

Jakel moved, Stanley seconded a motion approving the Conditional Use Permit. Motion carried 4-0.

Jakel moved, Hall seconded Resolution No. 2014-35, A Resolution Granting Site Plan Approval for the Construction of a 21,090 sq.ft. Warehouse, 898 sq.ft. Truck Bays, and 8,910 sq.ft. Office Space. Motion carried 4-0.

Ihli moved, Stanley seconded a motion to call for a public hearing on May 13, 2014 for easement vacation of Northdale Boulevard. Motion carried 4-0.

8. Other Business
8.01 Rouillard Properties
Attorney Carson stated in the workshop Council discussed taking Outlot C of the Downtown Redevelopment plat and re-platting the property to include adjacent properties to the south along Rouillard Boulevard and to reimburse those property owners that previously purchased their parcels from the City. Staff will be platting the property, contacting property owners, and hopefully getting a buy-in in that process.

Hall moved, Stanley seconded a motion authorizing staff to proceed as described. Motion carried 4-0.

9. Correspondence and Reports
9.01 Elm Creek Watershed Management Commission Minutes
9.02 Rogers Park Board March 20, 2014 Meeting Minutes
9.03 Park Vehicle Replacement
No action taken.

10. Adjourn to Closed Session for the Highway 101/County Road 144 Property Acquisition
Acting Mayor Ihli adjourned to closed session at 8:00 p.m.
Council reconvened from closed session at 8:36 p.m.

Attorney Carson stated in closed session Council and staff discussed entering into an agreement with North 101, LLC for properties for the 101/144 project. After discussing terms of the proposed agreement, the recommended motion for Council is to authorize the Mayor and Clerk to execute the agreement as discussed, which includes a down payment, which will only be made after receipt of written security to the City regarding the concerns of the City.

11. Adjourn
Ihli moved, Stanley seconded a motion to adjourn at 8:38 p.m. Motion carried 4-0.

Respectfully submitted,

Stacy Scharber
Assistant City Administrator/Clerk

Members

Jay Bunting
Mayor
Darren Jakel
City Council
Don Hall
City Council
Maureen Stanley
City Council
Rick Ihli
City Council

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