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, May 27, 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.; Steve Stahmer, City Administrator; Bret Weiss, City Engineer; and Lisa Wieland, Finance Director.
2. Open Forum
4. Approve Agenda
The agenda was set as submitted.
5. Consent Agenda
5.01 Approval of Minutes from May 13, 2014 City Council Meeting
5.02 Approval of Bills and Claims
5.03 Approval of Special Event Permit for the Laestadian Lutheran Church Summer Service to be Held July 3-6, 2014
5.04 Approval of Special Event Permit for ROADS Education Foundation 5K on June 21, 2014
5.05 Approval of Special Event Permit for Sand Companies Inc. for an Auction on June 14, 2014
5.06 Approval of Resolution No. 2014-41, A Resolution Granting Preliminary and Final Plat Approval of Northridge Fellowship Addition
5.07 Approval of Resolution No. 2014-42, A Resolution Denying a Sign Variance for Caribou Coffee Company, Inc.
5.08 Approval of a Conditional Use Permit for Scannell Properties #172 for a Fuel Station Located on the FedEx Site
5.09 Authorization to Hire Two Paid On-Call Firefighters
5.10 Approval of Right-of-Way Agreement between the City of Rogers and Telecom of Minnesota LLC
5.11 Approval of Test Well No. 9 Quote
5.12 Approval of Stormwater Maintenance Agreement with Scannell Properties
5.13 Approval of Stormwater Maintenance Agreement with Turbine Pros
5.14 Approval of Stormwater Maintenance Agreement with Sand Companies
5.15 Approval of HTG Architects Additional Services
5.16 Approval to Hire Hannah Laudenbach as Accounting Clerk I/AP Payroll
5.17 Authorization to Hire Part-time Community Service Officers
5.18 Authorization to Apply for COPS Grant
5.19 Approval of Resolution No. 2014-43, A Resolution Authorizing Execution of Agreement With the Minnesota Department of Public Safety, Office of Traffic Safety Enforcement Projects From Oct. 1, 2014 Through Sept. 30, 2015
5.20 Transfers – Property Acquisition (Northern Palms)
5.21 Approval of Developer's Agreement for CSM Corporation
Hall moved, Stanley seconded a motion to approve the consent agenda. Motion carried 4-0.
6. Public Hearings
6.01 Public Hearing to Consider a Request by NR Rogers, LLC for the vacation of the road right-of-way easement for 147th Ave. N., Located Within the Plat of Launchpark Rogers 1st Addition (Resolution No. 2014-44)
Engineer Weiss explained that the current existing 147th Avenue on the west side of Highway 101 will be vacated and no longer in use after the Highway 101/County Road 144 construction project is complete. Weiss explained that three changes needed to be made to the resolution that was originally provided to Council: 1. The inclusion of an emergency access easement 2. Language addressing existing utilities within 147th Avenue; developer responsibility to relocate the utilities to the north boundary line and 3. The current roadway system is being used by MnDOT as an access drive for the interchange construction and can't be vacated until a later date.
Ihli moved, Stanley seconded a motion to open the public hearing at 7:09 p.m.
Mark Nordland with Launch Properties addressed the Council about the vacation stating it gives them more flexibility in developing the property; making it a better developer site.
There were no other persons that addressed the Council.
Jakel moved, Hall seconded a motion to close the public hearing at 7:11 p.m.
Hall moved, Jakel seconded a motion adopting Resolution No. 2014-44, A Resolution Vacating the Public Right of Way Easement for 147th Avenue, Between Northdale Boulevard and TH 101 as Noted in Document #6472752 for the Launch Park Rogers 1st Addition Plat. Motion carried 4-0.
6.02 (cont.) Public Hearing to Consider a MIF Grant Application for FedEx
Planner Cartney stated this item will need to be continued to the June 10, 2014 City Council meeting.
Jakel moved, Stanley seconded a motion to continue the public hearing to June 10, 2014. Motion carried 4-0.
7. General Business
7.01 Approval of the Following Requests by Synergy Land Company:
• Approval of Resolution No. 2014-45, A Resolution Approving a Planned Unit Development Amendment for Edgewater Shores 2nd Addition of Rogers Addition, Rogers, Minnesota
• Approval of Resolution No. 2014-46, A Resolution Granting Preliminary Plat Approval for Edgewater Shores 2nd Addition of Rogers Addition, Rogers, Minnesota
Planner Cartney read from her staff memo highlighting the following:
• The applicant is proposing to replat four lots into 9 single family lots. The single family lots would range in size from 12,203 square feet to 26,979 square feet with an average of 15,956 square feet. The lot widths range from 70-92 feet.
• The subject site is zoned R-2 but has been approved as part of a Master Development Plan. It is staff's opinion that this site along with the rest of the Edgewater development should have been rezoned to PUD, to correctly reflect the master development plan. Currently the properties have an R-2 zoning with a different set of development standards than other R-2 lots.
• The Planning Commission held a public hearing at their regular meeting on May 20, 2014 one member of the public spoke regarding cut through traffic on his property to get to 141st Ave. N. (Dale Scherber). The Planning Commission directed Planning staff to work with Public Works staff on this issue and to report back to the Commission. A second member of the public living across the street from the subject site, spoke in favor of the project.
Cartney stated staff and the Planning Commission recommend approval of the PUD amendment and the preliminary plat.
Jakel stated the narrow lot widths were what jumped out at him and understands this property was part of an overall master plan. Jakel expressed concern regarding the 72 foot lot widths. Jakel also requested that staff review the original master plan development, since the development has fallen apart and asked if there is any house cleaning that needs to be done with the original agreement. Jakel also asked the applicant what it would take to make it be eight lots instead of nine.
Cartney stated this outlot was included in the original master plan development.
Jakel stated this is taking a step backward; doing something different then what was originally intended for that site.
Hall stated he is concerned with consistency going forward. Hall also stated that narrow lot sizes concern him.
Ihli stated the project does fit nicely in the proposed location and doesn't have a problem with it.
Stanley shares some of Jakels concerns about what this looks like with other requests for narrow lots.
The applicant was present and was asked to address the Council.
Brent Hislop with Synergy Land Company addressed the Council on behalf of the applicant. Hislop discussed the smaller lot sizes and compared the lot sizes of those being proposed to the lots directly across the street.
Ihli asked Hislop how large the lots are on the east end and what size of home can be constructed.
Hislop answered stating a standard three-car garage/home can be placed on those lots. He stated they are targeting a 55 foot building pad which provides a lot of flexibility for a three-car garage without just seeing the garage itself.
Ihli stated it does fit nicely. Hall agreed that the product does fit nicely.
Hall, Jakel to approve Resolution 2014-45, A Resolution Approving a Planned Unit Development Amendment for Edgewater Shores 2nd Addition of Rogers Addition, Rogers, Minnesota. Motion carried 4-0.
Ihli moved, Stanley seconded a motion to approve Resolution 2014-46, A Resolution Granting Preliminary Plat Approval for Edgewater Shores 2nd Addition of Rogers Addition, Rogers, Minnesota. Motion carried 4-0.
Jakel reiterated that staff should clear up the whole master development area with the appropriate zoning.
7.02 Approval of Resolution No. 2014-47, A Resolution Approving a Sign Variance for Wellstead of Rogers
Planner Cartney read from her staff memo highlighting the following:
• Wellstead of Rogers is located at 20600 S. Diamond Lake Road which is a facility that provides multiple housing choices for seniors. The subject property is zoned R-3, which limits signage to 36 square feet freestanding and 60 square feet wall signage. The Wellstead property is situated on two parcels comprised of about 18 acres. The facility has several wings and entrances to the property.
• The applicant is requesting sign variances to increase the freestanding signage on the site. Not only are they requesting to change the monument sign with the digital message board they are proposing to add/replace minor directional signage. The monument sign as proposed is 48 square feet and the overall directional freestanding signage is 40 square feet ranging from 2 square feet to 12 square feet with six signs total. There are two directional wall signs proposed for a total of 9 square feet.
• The Planning Commission held a public hearing at their regular meeting of May 20, 2014 no one from the public spoke on this matter. A Commissioner stated the application has no grounds for a variance and should not have been processed as a variance. Staff referred to Section 113-12 of the sign adjustment section of the sign ordinance that specifically states "Proposed changes to sign allowances beyond the scope of this section shall be processed according to the variance or planned unit development requirements of the zoning ordinances, as may be applicable to the specific property in question" and explained to the commission this is the reason the application was processed as a variance. Staff also indicated that the findings for granting the variance have also been met in this case. The commissioner continued to argue with staff about the application and that it should be an ordinance amendment and not a variance.
• Staff then directed the planning commission to treat the application as a variance, because that is what is before them and if they would like to make some other recommendation to the City Council they may do so.
The Planning Commission made the recommendation to not process the variance but to direct staff to draft an ordinance amendment to the R-3 zoning district to the Conditional Use Permit section to include language regarding signage for the listed uses.
Staff recommends approval of the signage plan as presented with the proposed variances.
Ihli stated he knows that these directional signs are an important part of this; if you talk to police or fire it is important to help direct public safety to where they are going.
Hall, not withstanding the monument sign, we have had events there and do not know where to go. Hall stated he is in favor of the variance.
Jakel, agrees based on his multi-family experience, the sign package would be a good fit in the long run.
Administrator Stahmer stated Cartney spelled out very well the two recommendations for Council, but stated that the Council can act on both recommendations.
Attorney Carson stated both can be acted upon.
Commissioner Martin addressed the Council and reminded them that the variance goes with the property. Martin stated the Planning Commission has nothing against the signage, but would rather they attach it to the use, instead of the property.
Jeff commented on a reasonable condition to the variance. Carson stated he respects Mr. Martin's opinions and always has. Carson stated staff is treating it as it is tied to the use of the property. That's how staff would interpret it in the future if it comes up. Carson also suggested having staff review this within the code.
Hall moved, Jakel seconded a motion to approve Resolution No. 2014 - 47, A Resolution Approving a Sign Variance for Wellstead of Rogers. Motion carried 4-0.
Council directed staff and the Planning Commission to research if there are any code changes that would need to be made under the R-3 zoning district under the CUP section to include language regarding signage for businesses listed.
7.03 Approval of the Following Requests by Vincent Holdings, LLC:
• Approval of Resolution No. 2014-48 - Comprehensive Plan Amendment
• Adopt Ordinance No. 2014-10, An Ordinance Rezoning of Approx. 19+ acres from R-3 and R-4 to Planned Unit Development and Summary Ordinance No. 2014-10
• Approval of Resolution No. 2014-49, A Resolution Granting Preliminary Plat Approval of Vincent Woods of Rogers
• Approval of Resolution No. 2014-50, A Resolution Granting Site Plan Approval For Vincent Woods Of Rogers For 8 Apartment Buildings With 24 Units In Each Building, Rogers Minnesota
Planner Cartney stated that the applicant is requesting the Council to table action on this item until the June 10, 2014 meeting. Cartney explained that because it is a comp plan amendment a 4/5 Council vote is needed, and there is a member absent tonight. Clerk Scharber handed Council the email from the applicant requesting the item to be tabled.
Hall asked why the email from the applicant was just received today.
Stahmer stated it was simply the applicant trying to make a decision with the tabling versus moving on with the project, he waited until today to make the decision.
Hall expressed his concern with the request to table, stating the applicant is driving the bus instead of us driving the bus.
Ihli moved, Stanley seconded a motion to table 7.03 to the June 10, 2014 meeting. Motion carried; 3-0-1 with Hall abstaining.
8. Other Business
9. Correspondence and Reports
9.01 Elm Creek Watershed Management Commission Minutes
9.02 Park Mower Replacement
9.03 Minutes from the May 19th Transportation Task Force Meeting
9.04 April, 2014 Financial Reports
No action taken.
Hall moved, Stanley seconded a motion to adjourn at 7:50 p.m. Motion carried 4-0.
Assistant City Administrator/Clerk